City Council Minutes May 24, 2011

Minutes
North Liberty City Council
May 24, 2011
Regular Session

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

Others present: Ryan Heiar, Tracey Mulcahey, Scott Peterson, Kevin Trom, Dean Wheatley, Erika Harper, Don Colony, Lori Lindner, Barbara Beaumont, Darrell Granner, Gary Watts, Duane Musser, Ron Bandy, Brian Gotwals, Steve McCoy, Ken Madole and other interested parties.

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

Street Maintenance Facility Presentation.  Brian Gotwals from Shive-Hattery and Don Colony the Streets Superintendent presented the revised plan for the Street Maintenance Facility including the proposed in house improvements, deletions, and revised cost estimates for the revisions to the plan.  The Council discussed the proposal with staff.  Heiar presented his memo about the project to Council including financing options. Staff requested direction as to how to proceed with this proposal. Council discussion included equipment needs, debt versus making improvements to streets, and commercial property tax rollback.  Council consensus was to move forward with design of the proposed building with further discussion regarding funding on the June 14, 2011 agenda.
Consent Agenda.  Kuhl moved, Wayson seconded to approve the Consent Agenda including the City Council Minutes from the Regular Meeting on May 10, 2011; City Council Minutes from the Special Meeting on May 17, 2011; the attached list of Claims; April Revenues; the Liquor License Application for  Fun Days, Class B Beer with Sunday Sales and outdoor service endorsements; Liquor License Renewal Application for  Casey’s Store, 625 Zeller, Class C Beer License with Sunday Sales endorsement; the Liquor License Renewal application for Cigarette Outlet, Class E Liquor License with Sunday Sales and carryout wine and beer endorsements; Liquor License Renewal for Corridor Ventures, Class E Liquor License with Sunday Sales and carryout wine and beer endorsements;  Penn Street Turn Lane Project for Metro Pavers, Change Order Number 2 in the amount of $4,004.00; Penn Street Turn Lane Project for Metro Pavers, Pay Request Number 1 in the amount of  $259,978.66; Highway 965 Phase I Project for Metro Pavers, Change Order Number 7 in the amount of $8,110.80.; Highway 965 Phase I Project for Metro Pavers, Pay Request Number 18 in the amount of $97,322.26. After discussion, the vote was: ayes – Hoffman, Chipman, Wayson, Kuhl, Donahue; nays – none. Motion carried.

Public Comment.  Barbara Beaumont, 2898 Naples Ave., commented on the property purchase Coralville was discussing tonight.  She suggested that Council direct staff to proceed with the Citizens for Sensible Development’s 2007 application.

Darrell Granner, 3808 Stoney Pointe Lane, discussed the proposed land purchase by Coralville.

Ron Bandy spoke regarding Penn Meadows Park usage.  He feels the park is at capacity for baseball and softball fields.  He requested that Council have discussion with the Park Board as to the development of the park.  Mayor Salm offered that he and Heiar would meet regarding this issue and have it come back at the next meeting.

Ken Madole, 50 Zeller Court, presented a petition to the Council requesting an election to establish a ward system in the City. Mayor Salm asked if there is any particular reason for the submission of the petition. Madole stated that it was his idea as the City has become more populated for representation for each area of town.

Steve McCoy commented on the code section contained in the petition.  He encouraged Council to take action on the petitions.  He read general information from the State Ombudsman’s Office.

City Attorney Report.  City Attorney Peterson reported that he had nothing to add and offered to answer questions.

City Engineer Report. City Engineer Trom reported on the City projects under construction.  The Jones Boulevard project will result in the street being closed by St. Andrews drive soon. The water main tie in is scheduled for Wednesday morning.

The water main work on the Penn Street Project is almost done. The next step will require some substantial water shut downs. The water shut down is tentatively scheduled for Wednesday at 8 p.m. The water disconnect is contingent on weather cooperating.

The fiber interconnect project is almost complete.

The Penn Meadows Parking Lot Project is scheduled for pervious pavement and rain garden install this week pending weather quality.

The Golfview Drive preconstruction meeting was held. The contractor plans to mobilize shortly after Memorial Day.

The Dubuque Street Trail project is waiting on information from IDOT before it can begin.

City Administrator Report.  City Administrator Heiar reported on the Highway 965 project. It is moving along as the weather permits.

The City had a visit from IDNR.  The heads of IDNR, EPA, and other organizations visited the wastewater plant. They were very impressed with the plant.

Heiar reported that Liberty Centre Blues and BBQ will be held on Sunday, May 29 from noon to 10 p.m.

City Offices will be closed on Monday, May 30 for Memorial Day.

Mayor Report. Mayor Salm reported that he does not necessarily oppose ward system, but he doesn’t think it is the right time for this.

With regards to the Coralville property purchase, North Liberty was notified Thursday evening. The press had more information than the North Liberty City Council was provided. Salm and City staff met with Coralville recently and presented our sanitary sewer study to them.  North Liberty provided a tentative annexation agreement line, and Coralville tentatively agreed to the proposed line. The Mayor and Staff are planning to meet and try to figure this out. The Council discussed the possibilities with the property purchase including moving forward with the annexation application made by Citizens for Sensible Development.  Donahue moved to suspend the rules because this could not get on the regular agenda, Kuhl seconded.  City Attorney Peterson advised the Council on this motion. No action was taken on the motion.  Council asked the attorney to get up to speed on the issue and prepare possible action.  Council is willing to hold a special meeting as soon as possible.

FY 11 Budget Amendment.  At 8:06 p.m., Mayor Salm opened the Public Hearing regarding proposed budget amendment. No oral or written comments were received.  The public hearing was closed.

Chipman moved, Donahue seconded to approve Resolution Number 11-56, A Resolution Approving the Budget Amendment for the fiscal year ending June 30, 2011.  After discussion, the vote was: ayes – Kuhl, Donahue, Chipman, Wayson, Hoffman; nays – none. Motion carried.

Personnel Manual.  Wayson moved, Chipman seconded to remove the consideration of the Personnel Policy Manual from the table. The vote was: ayes – Wayson, Chipman, Hoffman, Donahue, Kuhl; nays – none. Motion carried.

Wayson moved, Hoffman seconded to approve Resolution Number 11-49, A Resolution Approving the Personnel Policy Manual for the City of North Liberty, Iowa. After discussion, the vote was: ayes – Chipman, Hoffman, Kuhl, Wayson; nays – Donahue. Motion carried.

TIF Resolution.  Heiar presented information regarding the TIF resolution.  Chipman moved, Kuhl seconded to approve Resolution Number 11-57, A Resolution authorizing an Internal Advance to the Tax Increment Revenue Fund.  The vote was: ayes – Hoffman, Kuhl, Wayson, Donahue, Chipman; nays – none.  Motion carried.

Corridor Commercial, Part 6.  Hoffman moved, Wayson seconded to approve Resolution Number 11-58, A Resolution approving the Developer’s Agreement between the City of North Liberty and Corridor Commercial Development Company that establishes the terms and conditions under which Corridor Commercial, Part Six will be developed in the City of North Liberty, Iowa.  The vote was: ayes- Wayson, Chipman, Donahue, Kuhl, Hoffman; nays – none. Motion carried.

Project Cost Reimbursement.  Wayson moved, Kuhl seconded to approve Resolution Number 11-59, 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 – Kuhl, Hoffman, Chipman, Wayson; nays – Donahue. Motion carried.

Liberty’s Gate Rezoning.  At 8:19 p.m., Mayor Salm opened the public hearing regarding the proposed rezoning in Liberty’s Gate.  No oral or written comments were received. The public hearing was closed.

Wheatley presented the Liberty’s Gate application for rezoning.  The Planning & Zoning Commission’s recommendation was to approve with resolution of platting issues.
Gary Watts of Prime Ventures made the applicant’s presentation of Rezoning Application.

Council discussed the proposed application.

Hoffman moved, Chipman seconded to approve the first consideration of Ordinance Number 11-06, An Ordinance amending the Zoning Ordinance to change the use regulations on property owned by Prime Ventures located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the RM-12 Residential District. After discussion, the vote was: ayes – Donahue, Wayson, Chipman, Hoffman; nays – Kuhl. Motion carried.

Staffing Request.  Heiar presented the proposed change to staffing at City Hall.  Wayson moved, Hoffman seconded to approve the amendment to the position to full time. After discussion, the vote was: ayes — Chipman, Hoffman, Kuhl, Wayson, Donahue; nays – none. Motion carried.

Juvenile Curfew Ordinance Update.  At 8:41 p.m., Mayor Salm opened the public hearing regarding proposed amendments to the Juvenile Curfew Ordinance. City Attorney Peterson presented the proposed amendments to the ordinance. No oral or written comments were received. The public hearing was closed.

Donahue moved, Chipman seconded to approve the first consideration of Ordinance Number 11-07, An Ordinance amending Chapter 46 of the North Liberty Code of Ordinances by amending Section 46.01 with regard to enforcement of curfews for minors. After discussion, the vote was: ayes – Donahue, Wayson, Kuhl, Hoffman, Chipman; nays – none. Motion carried.

Open Burning Ordinance Update.  At 8:43 p.m., Mayor Salm opened the public hearing regarding proposed amendments to the Open Burning Ordinance. City Attorney Peterson presented the proposed amendments to the ordinance. No oral or written comments were received.  The public hearing was closed.
Chipman moved, Hoffman seconded to approve the first consideration of Ordinance Number 11-08, An Ordinance amending Chapter 105 of the North Liberty Code of Ordinances by amending Section 105.05 regarding Open Burning Restrictions. After discussion, the vote was: ayes – Hoffman, Kuhl, Chipman, Wayson, Donahue; nays – none. Motion carried.

Administrative Ordinance Update.  Wayson moved, Hoffman seconded to approve the third consideration and adoption of Ordinance Number 11-03, An Ordinance amending Chapters 7.05, 21.03, and 50.06 of the North Liberty Code of Ordinances by amending sections pertaining to the City Administrator. The vote was: ayes – Kuhl, Wayson, Donahue, Chipman, Hoffman; nays – none. Motion carried.

Fire Department Ordinance Update.  Wayson moved, Chipman seconded to approve the third consideration and adoption of Ordinance Number 11-04, An Ordinance amending the Code of Ordinances of the City of North Liberty, Iowa, 2010, by amending provisions pertaining to the Fire Department. The vote was: ayes – Chipman, Donahue, Wayson, Hoffman, Kuhl; nays – none. Motion carried.

Zoning Ordinance Update.  Donahue moved, Wayson seconded to approve the third consideration and adoption of Ordinance Number 11-05, An Ordinance amending the Zoning Code and Subdivision Regulations of the North Liberty Code of Ordinances by amending Sections 165.09, 170.02, 173.09, and 180.09(2) concerning Good Neighbor Meetings, Residential Day Care Facilities and Signs in Industrial Districts. The vote was: ayes – Donahue, Wayson, Hoffman, Kuhl, Chipman; nays – none. Motion carried.

Old Business.  Councilor Hoffman asked about the status of Quail Creek Golf Course’s drive.

New Business.  Councilor Kuhl reported that he along with Councilor Chipman and Mayor Salm attended the Joint Meeting last week.  Councilor Donahue asked about parking on Main Street behind Red’s Alehouse and parking on City property.  Councilor Kuhl will be attending the MPO of Johnson County meeting at the Coralville City Hall at 4:30 p.m. tomorrow.

Adjournment.  At 8:49 p.m., Donahue moved with waiving the Closed Session, Wayson seconded to adjourn. All ayes. Meeting adjourned.