City Council Minutes June 28, 2011

Minutes
North Liberty City Council
June 28, 2011
Regular Session

Call to order.  At 7:00 p.m., Mayor Salm called the June 28, 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, Dean Wheatley, Erika Harper, Don Colony, Steve McCoy, Kevin Hochstedler, Lori Lindner, Josh Covert, Gary Watts and other interested parties.

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

Consent Agenda.  Kuhl moved, Hoffman seconded to approve the Consent Agenda including City Council Minutes from the Regular Meeting on June 14, 2011; City Council Minutes from the Special Meeting on June 16, 2011; City Council Minutes from the Special Meeting on June 21, 2011; the attached list of Claims; May Revenues; Change Order Number 3 for the Jones Boulevard Project for Horsfield Construction in the amount of $1,218.75; Pay Application No. 3 for the Penn Meadows Parking Lot Project for Dave Schmitt Construction in the amount of $16,705.35;  Change Order No. 2 for the Penn Meadows Parking Lot Project for Dave Schmitt Construction in the amount of $2,685.00; Change Order No. 3 for the Penn Street Project for Metro Pavers, Inc. in the amount of $6,752.00; Pay Request No. 2 for the Penn Street Project for Metro Pavers, Inc. in the amount of $199,777.97; and Pay Request #20 for Metro Pavers in the amount of $20,880.88 for the Highway 965, Phase I Project.  The vote was: ayes – Donahue, Chipman, Kuhl, Wayson, Hoffman; nays – none. Motion carried.

Public Comment.  Lori Lindner editor of the North Liberty Leader expressed concerns about the closed session item on agenda. She stated that the recurring closed session agenda item is unsettling.  She asked Council to be as transparent and open as possible.

Steve McCoy, 3709 Pine Ridge, reported that he owns property in town and listed them.  He reported that he paid $85,000 in property taxes in North Liberty this year. He stated that he pays more than all the of the council together pay.  He expressed concerns regarding how money is spent in the community.  He stated that staff wages are out of line and that benefits should not be paid especially in these economic times.  He inquired about a meeting at Wig & Pen with the University of Iowa Community Credit Union and how the food and beverages were paid for.  McCoy has examined Heiar’s city credit card and found no charge for the event.  Mayor Salm stated that Heiar paid for the food and beverages with his personal credit card and that those who were in attendance paid Heiar for the purchases.  McCoy spoke about violations of Chapter 21 relating to Open Meetings law. Mayor Salm reported that nothing inappropriate is going on.

Councilor Wayson reported on a speech by Jim Leach at Des Moines University’s Commencement. Wayson quoted part of Leach’s speech where Leach identified concerns in the lack of civility in public discourse speech.

City Attorney Report.  City Attorney Peterson offered to answer any questions Council might have.  Councilor Wayson asked about closed sessions regarding legal action that the council has held this year.   Peterson stated that in his opinion is that they are all legitimate.  Councilor Chipman commented on the closed session on the agenda and asked if it is possible to relate the items in summary that were discussed in closed session when council returns to open session.  Peterson stated that if action is taken, it is required to be reported out in open session.  Peterson reported on the types of matters that are allowed to be discussed in closed session.  The Council discussed the standing closed session on the agenda.  Councilor Kuhl asked about the pending suit against the city relating to the Concerned Taxpayers.  Peterson confirmed that it has not been resolved.

City Administrator Report. City Administrator Heiar presented dates of importance to Council.  The upcoming worksession with Planning and Zoning is scheduled for August not July.  On Thursday, the Council will have streets and parks shops tours at 4:30 p.m. Liberty Centre Blues and BBQ is scheduled for Saturday, July 23.  On Monday, July 4, City Hall is closed for the holiday.

Heiar reported that the Council Chambers project is on schedule.  The framing, electrical, and wiring work are underway. Heiar encouraged any council member interested in seeing the progress to contact him for a tour.

The waste water treatment plant received an award for safety.

The city’s storm water grant program is gaining in popularity.  In the last month, staff has received six to eight applications.  Council allocates $7,500 annually to the program for stormwater quality improvement projects like rain barrels, rain gardens, and other water quality projects.

Don Colony, Streets Superintendent, presented updates on the City’s streets projects.  The Penn Street turn lane project is moving along. The contractor is pouring the taper west of Jones Boulevard. Traffic signal posts and subgrade are being worked on at this time.

The contractor on the Jones Boulevard is moving slowly.  Geomax is prepping the subbase on St. Andrews.

The Golfview Drive extension project is underway. The water and sewer installation is complete. The contractor is working on the subbase for culvert installation.

Heiar and Colony met with the contractor on Highway 965, Phase 1 today.  The contractor is painting the seatwalls, all lights are installed.  Retaining walls will be installed starting on Friday.

Councilor Hoffman asked about the stoplights on Highway 965 being synchronized.  Colony stated that they are all synched and work together.

Councilor Kuhl reported that he has received numerous comments on how well Highway 965 is working.

The contractor on the Dubuque Street Trail is doing fill work on North Front Street.

The Penn Meadows Park Parking Lot Project is substantially complete.

Mayor Report.  Mayor Salm had lunch with Congressman Loebsack and toured the North Liberty Food Pantry. Loebsack is impressed with what the Pantry is doing.    On Saturday, he met with Congressman Loebsack.  Mayor Salm attended the ceremony where Daniel Robbins got the bronze star for his feat of bravery.

Councilor Chipman reported that her husband remembers when Highway 965 was poured in October 1964.

Board and Commission Appointments.  Mayor Salm presented his list of proposed appointments to Board and Commissions.  Donahue moved, Kuhl seconded to approve the proposed list of appointments as follows:

Planning and Zoning Commission
1.    Ronda Detlefsen (Term: July 1, 2011 through June 30, 2014)
2.    David Moore (Term: July 1, 2011 through June 30, 2014)
3.    Josh Covert (Term: July 1, 2011 through June 30, 2014)
Board of Adjustment
1.     Wayne Grell (Term: July 1, 2011 through June 30, 2016)
Parks & Recreation Commission
1.    Carmen Noska (Term: July 1, 2011 through June 30, 2014)
2.    Jami Maxson (Term: July 1, 2011 through June 30, 2014)
Tree/Stormwater
1.    Nick Gefaller (Term: July 1, 2011 through June 30, 2014)
2.    Kevin Coates (Term: July 1, 2011 through June 30, 2012 – vacancy)
3.    Thomas Stoeffler (Term: July 1, 2011 through June 30, 2014)
Library Board
1.    Melissa Murphy – County (Term: July 1, 2011 through June 30, 2014)
2.    Shalome Tonelli (Term: July 1, 2011 through June 30, 2014)
Telecommunications
1.    Valerie Hoffman (Term: July 1, 2011 through June 30, 2014)
2.    Brandon Underwood (Term: July 1, 2011 through June 30, 2014)
Board of Appeals
1.    Doug Lee (Term: July 1, 2011 through June 30, 2014)
2.    Tom Kazmierczak (Term: July 1, 2011 through June 30, 2014)

Councilor Kuhl requested that the Parks and Recreation Commission to be more visionary than they have been in the past. Mayor Salm thanked all that had applied for appointments and reappointments. After discussion, the vote was: ayes – Kuhl, Hoffman, Wayson, Chipman, Donahue; nays – none. Motion carried.

Fund Balance Policy.  Heiar summarized the requirement for the new policy. Donahue moved, Chipman seconded to approve Resolution Number 11-71, A Resolution Adopting the policy relating to the authority to establish Committed and Assigned Fund Balances under the provisions of Government Auditing Standards Board Statement 54: Fund Balance Reporting and Governmental Fund Type Definitions.  The vote was: ayes – Wayson, Chipman, Donahue, Hoffman, Kuhl; nays – none. Motion carried.

Salary Resolution. Chipman moved, Kuhl seconded to approve Resolution Number 11-72, A Resolution authorizing Salaries and Hourly Wages for City Employees for the Fiscal Year of July 1, 2011 and through June 30, 2012. After discussion, the vote was: ayes – Chipman, Hoffman, Kuhl, Wayson; nays  – Donahue. Motion carried.

Tobacco Licenses.  Hoffman moved, Kuhl seconded to approve Resolution Number 11-73, A Resolution Approving renewal of Tobacco Licenses for the period of July 1, 2011 to June 30, 2012 for businesses in North Liberty, Iowa.  After discussion, the vote was: ayes – Hoffman, Kuhl, Donahue, Chipman; nays – Wayson. Motion carried.

Liberty’s Gate Rezoning.  Donahue moved, Hoffman seconded to remove the Liberty’s Gate Rezoning from the table. The vote was: ayes – Donahue, Wayson, Chipman, Hoffman; nays – Kuhl. Motion carried.

Hoffman moved, Wayson 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. Councilor Kuhl introduced a letter from Glenmoor Homeowner’s Association that objected to the development.  Wheatley reported that the letter had been provided to the Planning Commission when they considered the rezoning application. After discussion, the vote was: ayes – Donahue, Wayson, Chipman, Hoffman; nays – Kuhl. Motion carried.

Juvenile Curfew Ordinance Update.  Wayson moved, Chipman seconded to approve the third consideration and adoption 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 – Wayson, Kuhl, Hoffman, Chipman, Donahue; nays – none. Motion carried.

Open Burning Ordinance Update.  Wayson moved, Hoffman seconded to approve the third consideration and adoption 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 – Chipman, Hoffman, Donahue, Kuhl, Wayson; nays – none. Motion carried.

2011 Reprecincting.  Mulcahey presented information regarding potential precincts for the 2011 reprecincting process. She offered that Council can choose the number of precincts, starting at four, and set the boundaries within the requirements for precincts including being contiguous and all in one legislative district. Councilor Kuhl asked for the entire Clear Creek Amana School District to be included in one precinct. Mulcahey explained that 240th Street right of way remains in the County to keep the unannexed 80 acre parcel south of 240th Street in the County. The property north of 240th is not contiguous to proposed precinct 6. Council discussed the proposed precincting scenario maps for five, six, and seven precincts. Council is required to adopt the 2011 Precinct Plan by September 1, 2011. If the election on the ward system petition is successful for five wards, the City Council will then need to begin a new precincting process to provide for precincts that work with the number of wards, a multiple of five.

Chipman moved, Kuhl seconded to direct staff to begin the process of reprecincting with the six precinct scenario.  Councilor Kuhl wants clarification on the map to include property north of 240th Street to be included in precinct number 6.  After discussion, the vote was: ayes – Wayson, Kuhl, Hoffman, Chipman; nays – Donahue. Motion carried.

East Side Annexation.  Mayor Salm requested that Council consider tabling this item until the next meeting due to the progress that has been made with Coralville in getting this issue resolved.  Council discussed the progress. The consensus was that if no significant progress is made in two weeks, something different has to be done.

Wayson moved to table any action on this item tonight until the next regular scheduled council meeting. Hoffman seconded. The vote was: ayes – Hoffman, Kuhl, Chipman, Wayson, Donahue; nays – none. Motion carried.

Council discussed the legality of having a closed session regarding this matter. Council prefers to handle as much as possible in open session.  Councilor Kuhl requested an update in the middle of next week regarding progress on this issue.

New Business. Councilor Donahue stated that the City should be actively pursuing an economic development policy regarding commercial businesses. Two businesses are waiting to see what direction the City goes in before they make a decision regarding their business. North Liberty Development wants to be involved in the discussion on this issue. Heiar is collecting strategies from other cities and would summarize in packet for council.

City Administrator Evaluation.  At 8:20 p.m., Chipman moved, Hoffman seconded to move into closed session according to Iowa State Code Section 21.5.1.i, to evaluate the professional competency of an individual whose performance is being considered as requested by that individual. The vote was: ayes – Kuhl, Chipman, Wayson, Donahue, Hoffman; nays – none. Motion carried.

At 8:54 p.m., Donahue moved, Wayson seconded to return to open session. The vote was: ayes – Chipman, Wayson, Donahue, Hoffman, Kuhl; nays – none .Motion carried.

Adjournment.  At 8:55 p.m., Donahue moved, Wayson seconded to adjourn. All ayes. Meeting adjourned.