City Council Minutes June 14, 2011

Minutes
North Liberty City Council
June 14, 2011
Regular Session

Call to order.  At 7:00 p.m., Mayor Salm called the June 14, 2011 Regular Session of the North Liberty City Council to order.  Council members present: Chipman, Donahue, Kuhl, Wayson; absent – Hoffman.

Others present: Ryan Heiar, Tracey Mulcahey, Scott Peterson, Kevin Trom, Dean Wheatley, Erika Harper, and other interested parties.

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

Consent Agenda.  Kuhl moved, Wayson seconded to approve the Consent Agenda including the City Council Minutes from the Regular Meeting on May 24, 2011; the attached list of Claims; the Liquor License Renewal for Kum & Go, Class E Liquor License with Carryout Wine, Carryout Beer and Sunday Sales endorsements; the Liquor License Renewal for Ms. Susan’s, Class C Liquor License with Catering Privilege and Outdoor Service endorsement; to Dave Schmitt Construction for the Penn Meadows Parking Lot Project Change Order Number 1 in the amount of $2,238.53 and Pay Request Number 2 in the amount of $153,580.12; regarding the Jones Boulevard Improvement Project Pay Request Number 1 in the amount of $242,398.28 and Change Order Number 2 in the amount of a deduct of $3,311.24 for Horsfield Construction; Pay Request Number 2 in the amount of $10,155.40 to Wendler Engineering and Construction for the Cedar Springs Lift Station Project and relating to the Highway 965, Phase I Project to Metro Pavers for Pay Request Number 19 in the amount of $71,629.01.  The vote was ayes: Donahue, Chipman, Wayson, Kuhl; nays – none; absent – Hoffman. Motion carried.

Public Comment. Leighton Smith and Tina DuBois thanked the City Council for support of the organization and presented a brief report regarding the North Liberty Food and Clothing Pantry.  Council discussed the status of the organization’s operating costs and fundraising.

Bridget Sipes, 1305 Logan Court, spoke regarding semi traffic on 240th Street.  She expressed concerns about the high volumes and speeds of vehicles.

City Attorney Report.  City Attorney Peterson had nothing special to report, but offered to answer questions.

City Engineer Report. City Engineer Trom provide project updates to Council.

The Jones Boulevard project continues.  The contractor is working on grading and storm sewer. He plans to have subgrade treatment and rock in place soon.

The Penn Street project is progressing.  The water main work and Alliant Energy work is complete. The contractor will be painting temporary center lines to shift traffic soon for additional buffer for workers.

The Penn Meadows Rain Garden project is pretty close to complete. The rain gardens and sod around them have been installed. About one days worth of work remains in tree planting, grading and pavement marking.  City staff will complete the gravel trail and landscaping in the turn around circle.

The contractor has mobilized on site for the Golfview Drive project.  Utility work is well underway including water main, storm sewer and ITC work.

The Dubuque Street Trail project began yesterday with staking and clearing.

Trom is working with city staff on bidding documents for an asphalt mill and overlay for North Dubuque Street.

The schematic package for the Streets Maintenance Facility is being designed and will be delivered on Monday. This is the first step in the design process.

Trom will be out of the office for the June 28 and July 12 City Council meetings.

City Administrator Report. City Administrator Heiar provided city updates to Council

The Ranshaw House roof is complete. Staff will be applying for funding for the next phase in September.

Eleven proposals have been received for the phone system update. The proposals are to replace our existing system.  Staff is requesting additional information from eight of the vendors. It is planned that three to five vendors will be asked to demonstrate their system.  The provider should be selected by July.

A wastewater facility planning meeting was held with Fox Engineering, Shive Hattery and city staff regarding existing flows and projections.  The recommendation was to have an updated facilities plan for the plant drafted.  Fox Engineering will be providing a proposal for these services.  The facility and  system are running well, but the city wants to stay ahead of the curve.  Staff is working on the financial model with PFM, as well.

The next joint Council meeting with the Planning and Zoning Commission will take place on Tuesday, June 21 at 6:30 p.m. The notice will be going out soon.

Council tours of facilities are planned for June 30 and July 28.

Staff has done an update visit on Club House Road. Very little progress has been made. Staff will be visiting with the owner soon to lay out the next steps.

Councilor Kuhl asked about the golf cart usage request.  Heiar indicated that staff has met regarding the issue and is working on draft ordinance for council to discuss regarding legalization of carts.

Mayor Report.  Mayor Salm reported that an Open Records request was received regarding the demolition of homes across the street and the current lease with Epley Marketing.

North Liberty Community Food and Clothing Pantry Expansion Site Plan.
Wheatley reported on the revised site plan for the First United Methodist Church site. The applicant has worked extensively with city regarding the plan.  Staff recommends approval.  David Moore reported that the Planning Commission recommends approval with handicapped spaces being added closer to the pantry.

Glen Meisner of MMS Consultants offered to answer any questions council might have.

Donahue moved, Kuhl seconded to approve Resolution Number 11-61, A Resolution approving the Site Plan for the North Liberty Community Food and Clothing Pantry Expansion, North Liberty, Iowa with the following conditions.  The vote was: ayes – Wayson, Kuhl, Chipman, Donahue; nays – none; absent – Hoffman. Motion carried.

Land Use Map Updates.
Wheatley presented the proposed revised map. The changes represent a change to the policy map, but not the policies.  Moore reported that the Planning Commission recommends approval of the updated map.

Chipman moved, Wayson seconded to approve Resolution Number 11-62, A Resolution Approving the Land Use Map for North Liberty, Iowa. The vote was: ayes – Chipman, Donahue, Kuhl, Wayson; nays –none; absent – Hoffman. Motion carried.

Union Contract.  Donahue moved, Kuhl seconded to approve Resolution Number 11-63, Resolution approving the Collective Bargaining Agreement between the City of North Liberty and Public Professional Maintenance Employees Local 2003. The vote was: ayes – Donahue, Wayson, Chipman, Kuhl; nays – none; absent – Hoffman. Motion carried.

City Attorney Position. The Council discussed the revision of the City Attorney position from a  contract to staff position.  The Council discussed the proposed contract and back up for the position.

Kuhl moved, Chipman seconded to approve Resolution Number 11-64, A Resolution approving employment agreement between the City of North Liberty and Scott C. Peterson with the termination clause being amended to four month time periods instead of six month time periods.  The vote was: ayes – Wayson, Kuhl, Chipman; nays – Donahue; absent – Hoffman. Motion carried.

Main Street Parking.  Donahue moved, Wayson seconded to approve Resolution Number 11-65, A Resolution approving Parking Control Devices in the City of North Liberty, Iowa. After discussion, the vote was: ayes – Kuhl, Donahue, Chipman, Wayson; nays – none; absent – Hoffman. Motion carried.

Council Chambers Remodel. Kuhl moved, Wayson seconded to approve Resolution Number 11-66, A Resolution accepting the bid from Woodruff Construction for the City Council Chambers Improvement Project. After discussion, the vote was: ayes – Donahue, Chipman, Wayson, Kuhl; nays – none; absent – Hoffman. Motion carried.

Streets Facility Project.  Wayson moved, Chipman seconded to approve Resolution Number 11-67, A Resolution accepting the bid from Bud Maas Concrete for the Streets Facility Improvement Project. After discussion, the vote was: ayes – Chipman, Kuhl, Wayson, Donahue; nays – none; absent – Hoffman. Motion carried.

Blues and BBQ Rain Date.  David Moore presented information about the potential revised date for Liberty Centre Blues and BBQ. The event will be held on July 23 from 12 – 10 p.m. Council will be providing up to $12,000 in assistance to be repaid by the event. Kuhl moved, Wayson seconded to approve Resolution Number 11-68, A Resolution approving funding assistance to Liberty Centre Blues and BBQ Festival to facilitate a rain date and authorizing the use of Liberty Centre Park and city equipment for Liberty Centre Blues and BBQ and authorizing temporary street closings for the event.  After discussion, the vote was: ayes – Kuhl, Donahue, Wayson, Chipman; nays – none; absent – Hoffman. Motion carried.

Library Expansion CAT Grant.  Chipman moved, Wayson seconded to approve Resolution Number 11-69, A Resolution approving the Agreement between the City of North Liberty, Iowa and the Vision Iowa Board that sets forth the terms and conditions of the Community Attraction and Tourism Grant for the North Liberty Community Center, Phase III Library Expansion Project. After discussion, the vote was: ayes – Wayson, Donahue, Chipman, Kuhl; nays – none; absent – Hoffman. Motion carried.

Liberty’s Gate Rezoning.  Wayson moved, Chipman seconded to approve the second 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. Donahue moved, Kuhl seconded to table this item until after discussion with the Planning Commission and schedule for a vote at the next regular scheduled meeting.  After discussion, the vote was: ayes – Donahue, Chipman, Kuhl, Wayson; nays – none; absent – Hoffman. Motion carried.

Juvenile Curfew Ordinance Update.  Chipman moved, Donahue seconded to approve the second 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.  The vote was: ayes – Chipman, Kuhl, Wayson, Donahue; nays – none; absent – Hoffman. Motion carried.

Open Burning Ordinance Update.  Kuhl moved, Wayson seconded to approve the second 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. The vote was: ayes – Kuhl, Wayson, Donahue, Chipman; nays – none; absent – Hoffman. Motion carried.

Petition and Special Election Discussion.  City Attorney Peterson provided an update on the reprecincting process. The city has the opportunity to reprecinct once every ten years with the Census. Each newly created precinct can have up to 3,500 residents. City staff have been discussing with the County Auditor the number of precincts since early in 2011. The general consensus of staff and the auditor is to have at least six precincts to accommodate the number of residents in the community and provide room for growth.

With regards to the upcoming special election, Council discussed the impact of a ward system on the precincts. If the Council creates six precincts and five wards are voted in, the City would have to reprecinct to a number of precincts divisible by five. Council discussed the timing of the special election.  The options are to hold a special election on August 2 or to have the item on the regular election on November 8.  For the August 2, 2011 election to happen, the Council would have to be prepared to do the reprecincting in the window between the vote canvass on August 11 and the first day candidates can submit their nomination petitions on August 29.  Council will hold a special meeting on Thursday, June 16 at 6:30 p.m. in Council Chambers to discuss the potential special election date.

East Side Annexation Discussion.  Mayor Salm and City Administrator Heiar met with Coralville. Heiar presented the compromise proposed by the City of Coralville. Heiar requested additional time to get a proposal with the City of Coralville before the Council takes the issue to the City Development Board.  The Council discussed the handling of this situation.  Council requested that this item be on the next upcoming agenda for action with a possible closed session only if reporting out what Council is planning.
New Business.  Councilor Wayson reported that the City of Literature bookmarks are out throughout the community.

City Engineer Evaluation.  The Council evaluated the professional competency of the City Engineer.

City Attorney Evaluation.  At 9:01 p.m., Donahue moved, Kuhl seconded to move into closed session according to Iowa State Code Section 25.1.i, to evaluate the professional competency of an individual whose performance is being considered as requested by that individual.  The vote was: ayes – Chipman, Kuhl, Wayson, Donahue; nays – none; absent – Hoffman. Motion carried.

At 9:24 p.m., Wayson moved, Chipman seconded to return to open session.  The vote was: ayes – Kuhl, Wayson, Donahue, Chipman; nays – none; absent – Hoffman. Motion carried.

Adjournment.  At 9:25 p.m., Kuhl moved, Wayson seconded to adjourn. All ayes. Meeting adjourned.