City Council Minutes January 24, 2011

Minutes
North Liberty City Council
January 24, 2011

Call to order.  At 6:30 p.m., Mayor Salm called the January 24, 2011 Regular Session of the North Liberty City Council to order. Council members present: Chipman, Donahue, Hoffman, Kuhl, Wayson.

Others present: Ryan Heiar, Dean Wheatley, Kevin Trom, Scott Peterson, Nick Bergus, Josiah Bilskemper, Don Colony, Officer Chris Shine, Josh Covert, Mike Bails and other interested parties.

Approval of the Agenda.  Chipman moved, Kuhl seconded to approve the agenda. The vote was: ayes – Donahue, Kuhl, Wayson, Hoffman, Chipman; nays – none. Motion carried.

Project Updates.  Kevin Trom, Josiah Bilskemper, and Don Colony presented the Jones Boulevard Improvements Project, the Golfview Drive Improvements Project, the Penn Street Improvements Project, Dubuque Street Trail Project and the Penn Meadows Parking and Rain Gardens Project. Dean Wheatley provided an update on the current development projects.

Consent Agenda.  Hoffman moved, Wayson seconded to approve the Consent Agenda including City Council Minutes from the Regular Meeting on January 11, 2011; City Council Minutes from the Special Session on January 18, 2011; December 2010 Revenues; the attached list of Claims; and Highway 965 Improvements Project, Phase 1 Pay Request # 13 for Metro Pavers in the amount of $ 103,381.91. The vote was: ayes – Hoffman, Wayson, Chipman, Kuhl, Donahue; nays – none. Motion carried.

Public Comment. No public comment was offered.  

City Attorney Report.  City Attorney Peterson offered to answer any questions that the Council might have.

City Engineer Report.  City Engineer Trom reported that the Cedar Springs Lift Station project is substantially complete with the punch list being completed in the spring. Staff is working on a thirty year Long Range Transportation Plan for JCCOG as required by the Federal Highway Administration.  Councilor Chipman asked if the plan affects transit. Wheatley indicated that there is a section in the Metropolitan Transportation Plan. Chipman asked for the document to be provided to the Transit Committee.

City Administrator Report.  City Administrator Heiar explained the timing of the Cedar Springs Lift Station Project.   Staff is working through the budget work session discussion. Heiar will have a memo with updates, clarifications, and information requested. The next budget work session is scheduled for February 15.  Mayor Salm & Heiar are attending the Chamber’s DC trip from February 7th through the 9th.    Highway 965, Phase II and the Penn Street bridge widening projects will be the issues presented by the City of North Liberty.  Councilor Hoffman and Councilor Wayson have volunteered to go paperless for the next council meeting. Council had set a goal of going paperless in their last goal setting session.  NLTV is working with other cities that have made this move.  Heiar reminded Council that the Super Bowl party will be held on February 6 at the Recreation Center.

Councilor Kuhl asked what other communities are presenting on the DC Lobbying Trip. Heiar responded that Coralville is requesting funds for its multi-modal facility and Iowa City is seeking funds for the Dubuque Street elevation project.

Mayor Report. Mayor Salm reported that he and Heiar are flying out of Moline saving $400.  HE also reported that tomorrow is the Iowa League of Cities Legislative Day in Des Moines.

The Villas at Liberty Executive Park.  Chipman moved, Kuhl seconded to approve the second consideration of Ordinance Number 11-01, An Ordinance amending the Zoning Ordinance to change the use regulations on property owned by North Liberty LLC located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the ORP – Office Research Park District. The vote was: ayes – Wayson, Donahue, Kuhl, Chipman, Hoffman; nays – Donahue. Motion carried.

Hoffman moved, Kuhl seconded to approve the second consideration of Ordinance Number 11-02, An Ordinance amending the Zoning Ordinance to change the use regulations on property owned by North Liberty LLC located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the C-3 Commercial District. The vote was: ayes – Chipman, Hoffman, Kuhl, Wayson; nays – Donahue. Motion carried.

Affordable Housing Consortium.  The Council discussed potential participation in a consortium for HUD HOME funds.

Donahue moved, Kuhl seconded to approve Resolution Number 11-05, A Resolution Supporting the formation of a Housing Consortium for Housing and Urban Development HOME Funds.  After discussion, the vote was: ayes – Donahue, Wayson, Kuhl, Hoffman, Chipman; nays – none. Motion carried.

Assessment Resolution.  Chipman moved, Hoffman seconded to approve Resolution Number 11-06, A Resolution authorizing the assessment of delinquent amounts owed to the City of North Liberty, Iowa, to individual property taxes. The vote was: ayes – Wayson, Hoffman, Kuhl, Chipman, Donahue; nays – none. Motion carried.

Reimbursement Resolution. Hoffman moved, Wayson seconded to approve Resolution Number 11-07, A Resolution relating to the financing of certain proposed projects to be undertaken by the City of North Liberty, Iowa; establishing compliance with Reimbursement Bond Regulations under the Internal Revenue Code. After discussion, the vote was: ayes – Hoffman, Kuhl, Chipman, Donahue, Wayson; nays – none. Motion carried.

Economic Development Agreements.  Heiar summarized the agreements that Council will be considering at the next meeting. Wayson moved, Chipman seconded to approve Resolution Number 11-08, A Resolution to fix a date of meeting at which it is proposed to approve a Development Agreement with the University of Iowa Community Credit Union, including tax increment payments in an amount not to exceed $7,000,000.  After discussion, the vote was: ayes – Kuhl, Chipman, Donahue, Wayson; nays – none; abstain – Hoffman. Motion carried.

Wayson moved, Kuhl seconded to approve Resolution Number 11-09, A Resolution to fix a date of meeting at which it is proposed to approve a Development Agreement with A&M Development LLC, including tax increment payments in an amount not to exceed $7,000,000.  After discussion, the vote was: ayes – Chipman, Wayson, Hoffman, Donahue, Kuhl; nays – none. Motion carried.
Dubuque Street Trail Project.  Peterson highlighted the issue that was amended in the agreement that is in front of Council for consideration tonight. Hoffman moved, Chipman seconded to approve Resolution Number 11-10, A Resolution approving the Public Easement Agreement between the Iowa City Community School District and the City of North Liberty, Iowa.  The vote was: ayes –Donahue, Hoffman, Wayson, Kuhl, Chipman; nays – none. Motion carried.

New Business.  Councilor Kuhl reported on the JCCOG Urban Policy Board meeting. Kuhl attended the Chamber luncheon last Wednesday.  
Chipman – comment regarding letter to the editor last week. Few things need clarification. Purchase agreement for 64 acres. Commissions paid were not agreed to. $100,000 earnest money is not refundable. Split 50/50.Almost never done in purchase agxs. Most all houses have earnest $. No protections – many protections listed in the agreement so city doesn’t get stuck with owed. City is trying to look back at it.

Closed Session.  At 8:10 p.m., Kuhl moved, Donahue seconded to move into closed session under Iowa Code Section 21.5.1(c), to discuss strategy with counsel in matters that are presently in litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in litigation. After discussion, the vote was: ayes – Hoffman, Wayson, Kuhl, Chipman, Donahue; nays – none. Motion carried.

At 8:37 p.m., Kuhl moved, Donahue seconded to return to open session. The vote was: ayes – Wayson, Kuhl, Chipman, Donahue, Hoffman; nays – none.

Adjourn.  At 8:38 p.m., Hoffman moved, Donahue seconded to adjourn. All ayes. Meeting adjourned.