City Council Minutes July 12, 2011

Minutes
North Liberty City Council
July 12, 2011
Regular Session

Call to order.  At 7:00 p.m., Mayor Salm called the July 12, 2011 Regular Session of the North Liberty City Council to order.  Council members present:  Chipman, Donahue, Hoffman, Kuhl, Wayson.

Others present:  Ryan Heiar, Scott Peterson, Tracey Mulcahey, Dean Wheatley, Erika Harper, Cheryle Caplinger, Don Colony, Lori Lindner, Kevin Hochstedler, Bill Mausser, Dennis Tallman, Rebecca Neades and other interested parties.

Approval of the Agenda.  Chipman moved, Wayson seconded to approve the agenda.  The vote was: ayes – Hoffman, Wayson, Kuhl, Donahue, 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 28, 2011; City Council Minutes for the Special Meeting on June 30, 2011; the attached list of Claims; the Liquor License Renewal for Corridor Convenience, Class C Liquor License with Sunday Sales and Carryout Wine endorsements; the Liquor License Application for  Liberty Centre Blues and BBQ; Golfview Drive Extension Project, Pay Application Number 1 to Iowa Bridge & Culvert in the amount of  $45,600; Highway 965, Phase I Project, Pay Application Number 21, to Metro Pavers in the amount of  $26,807.45; and for the Penn Street Project, Change Order Number 4 to Metro Pavers in the amount of $5,900.00.  After discussion, the vote was: ayes – Wayson, Donahue, Kuhl, Chipman, Hoffman; nays – none. Motion carried.

Public Comment.   No public comment was offered.

City Attorney Report.  City Attorney Scott Peterson reported that regarding the Ward Special Election staff plans to bring a resolution forward shortly to have the issue on the November 8 election ballot.

Peterson requested guidance from the Council regarding the Charter Commission process. Council offered varied opinions.  The Council requested additional information at an upcoming meeting.

Peterson responded to comments made by Steve McCoy at the last meeting.  Peterson attended the credit union function after the loan closing in February with the Mayor and City Administrator.  He did attend, but did not stay long. He had a soda and paid for it himself. He expressed frustrations on behalf of the staff for false accusations and innuendo without a real effort to get accurate information.  In February, while in court on the credit union matter, two elected officials, the City Administrator, the City Attorney, and two other individuals went to lunch. One of the other individuals bought lunch for all. Peterson spoke to the individual who purchased the lunches and all reimbursed him fully for the lunches so there were not any questions or concerns.  When Ryan Heiar was hired as the City Administrator, he was sent two congratulatory gifts, a bouquet of flowers and Omaha steaks. Heiar donated them to a local church in the name of the organization that gave the gift.  Thank you cards were sent to the giver with information about the inability of city staff to accept gifts.   Staff takes the gift law very seriously.  ICMA and the Bar Association have ethical guidelines for their members.  Peterson stated it is really frustrating to not be able to respond or get accurate information out.

Peterson stated that the legislative session ended recently. He will participate in an Iowa League of Cities seminar with the update. He will then pass that update along to Council.

Peterson responded to Lori Lindner’s comments at the last meeting.  Scott and Lori have agreed to meet on the issue. He agrees about open records and meetings on most accounts.  He disagrees with the closed session question she brought up. He stated the City did not go into closed session due to the litigation between the Citizens for Sensible Development and the City of Coralville. Rather, the City went into closed session with potential litigation in the City Development Board and the appellate courts.

Peterson reported that he has received input from the North Liberty Leader, City Council and the Citizens Aid and Ombudsman’s office on revisions to the Open Records Policy.  The revised policy will be on the next agenda for discussion only.

Councilor Kuhl requested information regarding the process Cedar Rapids went through five years ago to change their change their form of government. Peterson stated that the Council can opt to establish a form of government on their own with no charter commission required.  If a petition requesting a form of government change comes forward, nothing stops a charter commission from being formed.  Council discussed their opinions on charter commissions.  Peterson asked for consensus on how to proceed.

City Administrator Report.  City Administrator Ryan Heiar reported on the parking situation at Red’s Alehouse. Signs will be installed later this week or early next week. The City is working on an agreement with Red’s for the old bike shop lot for parking.

Heiar talked about the golf cart ordinance. Staff supports the general idea, but has concerns about carts on busy streets.  A proposed ordinance will be brought to Council for review and direction in August.

Heiar reported that the legislative session is over. The property tax structure is maintained as is.  Heiar expects to see some sort of change next year with a Committee from both houses getting together to look at the system.

Heiar and Mulcahey will be at the IaCMA meeting next Wednesday to Friday in Altoona.

Heiar reminded that Blues and BBQ is scheduled for July 23.

The next Council work session is Thursday, July 28 at 4:30 p.m. with a tour of the Police and Fire Departments.

Street Superintendent Don Colony reported on several street projects.  The Highway 965 project final walk through was today.  A few items are on the punch list, mostly housekeeping items.

The Golfview extension project contractor has poured the walls and floor to the culvert. Next week, the CRANDIC will be working on the railroad crossing.  The contractor will be tearing out the center of Golfview Drive next week. No parking will be allowed on Golfview Drive.

The Jones Boulevard project had significant issues with the sub-base last week.  The issues have been alleviated. The sub-base is being installed this week on Jones Boulevard and St. Andrews Drive. The contractor has received many compliments from neighbors to the project.  The change orders that have come forward are for areas that were really bad.

Penn Street meeting was held this morning.  East bound traffic from Community Drive to Highway 965 will be detoured through Community Drive back to Highway 965 from 6:00 a.m. to 11:00 a.m. on Saturday.

Councilor Hoffman reported that he reviews construction projects. The navigation and signage has been really good.  He stated that with lots of projects going on and it seems to be flowing really well.

Heiar stated that the detour on Penn Street will happen on Saturday.  The contractor on the Dubuque Street Trail project is spending most of their time working in front of the school to get it done before the school starts.

Don Colony reported that he took the City’s chipper to Vinton to assist in debris removal.

Mayor Report.  Mayor Salm stated that individuals sometimes put out public data out at public comment that may not be correct. It is typically reviewed for accuracy. He reported that Mr. McCoy indicated he paid $85,000 in property taxes. In actuality, he pays $48,512 on his North Liberty properties.

The McDonalds groundbreaking was last week. If weather holds, they are thinking that they will be open by the end of October.

Liberty’s Gate Rezoning.  Donahue moved, Wayson seconded to approve the third consideration and adoption 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, Hoffman, Chipman, Wayson; nays – Kuhl. Motion carried.

Liberty’s Gate, Part 11 Preliminary and Final Plat. Wheatley presented the application of Liberty’s Gate, Part 11 Preliminary and Final Plat Application. Staff recommends approval. Mausser reported that the Planning Commission recommended approval of the preliminary and final plat.

Kevin Hochstedler made the applicant’s presentation of Liberty’s Gate, Part 11 Preliminary and Final Plat Application.

Hoffman moved, Wayson seconded to approve Resolution Number 11-74, A Resolution approving the Preliminary and Final Plats for Liberty’s Gate, Part 11, North Liberty, Iowa. The vote was: ayes – Wayson, Chipman, Hoffman, Donahue; nays – Kuhl. Motion carried.

Melrose Terrace Residential Site Plan.  Wheatley presented the Melrose Terrace Residential Site Plan Application.  Mausser reported that the Planning Commission recommends approval with no conditions.

Kevin Hochstedler made the applicant’s presentation of Melrose Terrace Residential Site Plan Application.

Hoffman moved, Wayson seconded to approve Resolution Number 11-75, A Resolution Approving the Residential Development Site Plan for Lots 1-3 of Liberty’s Gate Part Eleven, North Liberty, Iowa. After discussion, the vote was: ayes – Chipman, Hoffman, Donahue, Wayson; nays – Kuhl. Motion carried.

Assistant City Attorney Contract.  Chipman moved, Hoffman seconded to approve Resolution Number 11-76, A Resolution of Appointment and Compensation Schedule for Assistant City Attorney with a quarterly report regarding hours and expenditures being provided to Council.  After discussion, the vote was: ayes – Donahue, Kuhl, Wayson, Hoffman, Chipman; nays – none. Motion carried.

Conditional Use Permit, County Request.  Wheatley presented the case to Council.  He recommended that the Council not approve the Conditional Use Permit request by the County.

Kuhl moved, Donahue seconded to recommend denial regarding a Conditional Use Permit as requested by Johnson County.  After discussion, the vote was: ayes – Hoffman, Wayson, Kuhl, Chipman, Donahue; nays – none. Motion carried.

Wayson moved, Kuhl seconded to approve that if the County does approve the Conditional Use request that the County require that the property owner bring the improvements up to North Liberty Residential Code.  After discussion, the vote was: ayes – Wayson, Kuhl, Chipman, Donahue, Hoffman; nays – none. Motion carried.

Economic Development Strategy.   Heiar presented the proposed economic development strategy. The strategy talks about options and alternatives the City has for economic development. Council discussed the proposed strategy.  Council encouraged the contacting of other groups like the Small Business Development Center, Priority One, the Urban Planning Department at the University of Iowa, ICAD, Entrepreneurial Center, and North Liberty Development. Strategies for creation of the plan including all of these entities and small business owners were discussed. Staff was directed to move forward with contacting different entities for input and direction in the creation of the strategy.
East Side Annexation.  Mayor Salm offered an update on the annexation discussion. He stated that discussions with Coralville staff have been very positive. By the next meeting, the map should be ready for Council to take a good hard look at it.

2011 Bond Sales.  Hoffman moved, Kuhl seconded to approve Resolution Number 11-77, A Resolution to fix a date for public hearing on Loan Agreement for the July 26, 2011 Council Meeting.  After discussion, the vote was: ayes – Chipman, Hoffman, Donahue, Kuhl, Wayson; nays – none. Motion carried.

Hoffman moved, Chipman seconded to approve Resolution Number 11-78, Resolution to fix a date for public hearings on Loan Agreements for the July 26, 2011 Council Meeting. After discussion, the vote was: ayes – Donahue, Wayson, Kuhl, Hoffman, Chipman; nays – none. Motion carried.

Wayson moved, Hoffman seconded to approve Resolution Number 11-79, A Resolution authorizing internal advance to Tax Increment Revenue Fund.  After discussion, the vote was: ayes – Hoffman, Wayson, Chipman; nays-Kuhl, Donahue. Motion carried.

Assessment Resolution.  Kuhl moved, Wayson seconded to approve Resolution Number 11-80, A Resolution authorizing the assessment of delinquent amounts owed to the City of North Liberty, Iowa to individual property taxes. The vote was: ayes – Kuhl, Chipman, Donahue, Wayson, Hoffman; nays – none. Motion carried.

M & H Subdivision.  Chipman moved, Kuhl seconded to approve Resolution Number 11-81, A Resolution approving the Annexation Agreement between Sharon Sass and the City of North Liberty, Iowa.  After discussion, the vote was: ayes – Wayson, Donahue, Chipman, Hoffman, Kuhl; nays – none. Motion carried.

Streetlight Approval.  Chipman moved, Wayson seconded to approve Resolution Number 11-82, A Resolution approving the installation of street lights in Penn Meadows Addition Part 6 according to the terms set forth in the existing Street Light Contract. The vote was: ayes – Chipman, Kuhl, Hoffman, Donahue, Wayson; nays – none. Motion carried.

Old Business.  Councilor Hoffman thanked Guy Goldsmith and Don Colony for the tours of their facilities. He commented that the number of hits on the City website has exceeded one million.  Hoffman stated that the Council Chambers project is moving along well. City staff is helping and doing a really good job. Mayor Salm stated that the project looks good.

New Business.  Councilor Kuhl reported that the MPO of Johnson County will be meeting tomorrow at 4:30 at the Coralville City Hall. Two significant items on the agenda are the proposed appropriation of $1.125 million for Highway 965 and Scales Bend in Fed FY 13 and reevaluating the scoring system for applications. The Food Pantry Forum is scheduled from 12 to 2 p.m. on Thursday, July 21 at the United Methodist Church.

Strategy Relating to Employment Conditions of City Employees.  At 8:54 p.m., Kuhl moved, Hoffman seconded to move into closed session pursuant to Iowa Code Section 21.9 to discuss strategy relating to employment conditions of City employees.  After discussion, the vote was: ayes – Donahue, Hoffman, Kuhl, Chipman; nays – Wayson. Motion carried.

At 9:34 p.m., Chipman moved, Wayson seconded to return to open session. The vote was: ayes – Hoffman, Chipman, Kuhl, Wayson, Donahue; nays – none. Motion carried.

Adjournment.  At 9:35 p.m., Kuhl moved, Wayson seconded to adjourn. All ayes. Meeting adjourned.