City Council Minutes October 25, 2011

MINUTES
North Liberty City Council
October 25, 2011
Regular Session

Call to order.
At 7:00 p.m., Mayor Salm called the October 25, 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 and other interested parties.

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

Consent Agenda.
Hoffman moved, Wayson seconded to approve the Consent Agenda including the City Council Minutes from the Regular Meeting on October 11, 2011; the attached list of Claims; September Revenues; the Liquor License Renewal for Fareway Stores, Class E Liquor License with Carryout Wine and Beer Endorsements; and the Liquor License Renewal for J & A Tap, Class C Liquor License with Sunday Sales Endorsement.  The vote was: ayes – Kuhl, Donahue, Chipman, Wayson, Hoffman; nays – none. Motion carried.

Public Comment.
Dawn Zacek of 551 Fox Run Drive spoke on the North Liberty Community Food Pantry’s Stone Soup Supper scheduled for 5:00 to 7:00 on Sunday, October at South Slope. She provided statistics on the pantry.

Jim Kee presented information about a dog bite incident he was involved in nine days ago. He was attacked by two dogs on the trail as he was running.  He requested that the City consider adding a specific animal control department rather than having the police department.

Heiar stated that the Police Chief is investigating. The Iowa City Animal Shelter requested dogs have animals on house arrest.  Both the Police Department and Streets Department handle animal control claims.

A man who didn’t identify himself related the conversation he had with his vet regarding the home quarantine and expertise on dangerous animals.  Heiar stated that the Iowa City Animal Shelter is the expert on the case.  A ticket with a fine was issued to the owners.

Glen Mullikin thanked council for going forward with the golf cart ordinance. He asked the council members who are voting against the ordinance why they do not support it when no one in the community is speaking against it.

Ron Bandy, 25 N. Dubuque Street, expressed the preference that an additional ball field not be placed at Penn Meadows Park due to the impact on neighborhoods.  He would like to see city park money spread around

Eric Weatherford, 1445 Hayden Lane, spoke about parking on 236th Street since the approval to limit parking Heiar related that parking will be allowed on the north side of 236th Street with a resolution on the next agenda. Staff will be sending letters to adjacent property owners for comments about parking changes before council considers the changes. Councilor Wayson reminded that parking should not be right up against driveways, rather space should be allowed for those backing out a line of sight.

City Attorney Report.
City Attorney Peterson had no report, but offered to answer questions.

City Engineer Report.
City Engineer Trom reported on the following City projects.  The contractor on the Jones Boulevard project is working on the subgrade treatment on the last phase.  Work continues on storm sewer and grading along the entire street. Sidewalk and driveway crews will be here next week.  The road is expected to be open for traffic by December 1. The Golfview Drive, Penn Street, and the Dubuque Street Trail projects are all open for use with punch lists of outstanding items.  The Street Maintenance Facility project contractor is almost done with the dewatering project.  The plans are 95% complete and ready for the final staff review.

Councilor Wayson asked if staff talked to contractor about leaving stuff on the roadway. Heiar indicated it had been addressed.  Councilor Kuhl asked about South Slope parking on sidewalks.  A trailer has been parked on the sidewalk since Sunday morning. Heiar will address with South Slope.

City Administrator Report.
City Administrator Heiar reported that the North Liberty Business Banquet is scheduled for November 3 with a 5 p.m. start.  Staff will RSVP for everyone.  The Council Candidate Forum is scheduled for tomorrow night council at 7 p.m. in Council Chambers. He is planning to have the next joint meeting with the Parks Board on November 10 at 6:30 p.m.

With regards to questions about the noise ordinance, staff will be reviewing the ordinance for consistency. He requested input from Council regarding the ordinance.

Heiar reported that the safety audit with the status report is included in the Council packet.

A spreadsheet and graph showing FY 11 fund balances was included in the packet.  Heiar reported that every fund end up better than had been projected except for the storm water fund.

Heiar presented the letter from the Iowa City Police Chief about a joint animal shelter.  Staff has been working with Iowa City staff on a contract for services.  The options were discussed. Council requested information on the history of the process.  Council requested additional information and costs of handling animal control in house versus contracting with Iowa City for this service.

Councilor Wayson asked about information on citizen concerns regarding an issue.  Heiar presented information about the process. On call numbers are on the voicemail.

Mayor Report.
Mayor Salm reported that the University of Iowa Community Credit Union broke ground 1 ½ weeks ago and hope to have the footings in place yet this fall. With previous allegations of attending functions and receiving food paid for by someone else, those that attended on behalf of the City paid for food and beverages consumed, as they always do.  Mayor Salm reported it was a nice event and was well attended.

Blues & BBQ 2011 Report.
Cheryle Caplinger, co-chair of Blues and BBQ, presented the changes proposed for 2012.  The event will be scheduled on Saturday, May 26 with Sunday being the rain date. The event is changing names to North Liberty Blues and BBQ. The event’s hours will be changed to 11 a.m. to 11 p.m.  The committee is seeking title and presenting sponsors for the event. The event will “Go Green” this year by reducing waste produced at the event. Councilor Kuhl proposed combining Blues and BBQ with Fun Days for one large event.

Economic Development Guide.
Heiar presented information about the proposals and process. John Lohman of the Corridor Business Journal presented the plan for the guide. The guide will highlight the great things that have happened in North Liberty in the last ten to fifteen years.  Council discussed the proposed guide with Lohman.

Kuhl moved, Hoffman seconded to approve Resolution Number 11-120, A Resolution accepting the Proposal from the Corridor Business Journal for the 2011 Economic Development Guide and authorizing execution of the Memorandum of Understanding. The vote was: ayes – Donahue, Wayson, Hoffman, Chipman, Kuhl; nays – none. Motion carried.

Golf Cart Ordinance.
Donahue moved, Kuhl seconded to approve the third consideration and adoption of Ordinance Number 11-11, An Ordinance amending the Code of Ordinances of the City of North Liberty, Iowa, by adding a new chapter pertaining to the operation of golf carts on city streets with a city issued permit. After discussion, the vote was: ayes – Chipman, Kuhl, Donahue; nays – Wayson, Hoffman. Motion carried.

Cameron Way Partners Rezoning.
Donahue moved, Hoffman seconded to approve the third consideration and adoption of Ordinance Number 11-13, an Ordinance amending the Zoning Ordinance to change the use regulations on property owned by Jeff Mekota located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the C-2-A Planned Area Development District. The vote was: ayes – Chipman, Hoffman, Donahue, Wayson; nays – Kuhl. Motion carried.

Moore Rezoning.
Donahue moved, Wayson seconded to approve the third consideration and adoption of Ordinance Number 11-14, an Ordinance amending the Zoning Ordinance to change the use regulations on property owned by Dean Moore located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the RM-12 Multifamily and RD-10 Duplex Residential Districts. The vote was: ayes – Hoffman, Donahue, Wayson, Chipman; nays – Kuhl. Motion carried.

TIF Ordinance.
Chipman moved, Wayson seconded to approve the second consideration of Ordinance Number 11-15, An Ordinance Providing for the Division of Taxes Levied on Taxable Property in the 2010 Addition to the North Liberty Urban Renewal Area, Pursuant to Section 403.19 of the Code of Iowa.” The vote was: ayes – Donahue, Chipman, Kuhl, Wayson, Hoffman; nays – none. Motion carried.

Midwest Home Builders Rezoning.
Wheatley presented the application for rezoning and the history of the property.  Staff recommended approval. The Planning Commission recommended approval.

Duane Musser, MMS Consultants, presented the application for rezoning.  The majority of the discussion related to site plan issues.

At 8:15 p.m., Mayor Salm opened the public hearing regarding the proposed property rezoning. Ron Bandy commented on access relating to this development.  The public hearing was closed.

Chipman moved, Hoffman seconded to approve the first consideration of Ordinance Number 11-15, An Ordinance amending the Zoning Ordinance to change use on property owned by Midwest Home Builders located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the RM-8 Multifamily Residential District.  After discussion, the vote was: ayes – Chipman, Wayson, Hoffman, Kuhl, Donahue; nays – none. Motion carried.

TIGER Grant.
Hoffman moved, Wayson seconded to approve Resolution Number 11-121, A Resolution authorizing submission of the TIGER III Application to the Department of Transportation for the Highway 965 Corridor Enhancement Project. The vote was: ayes – Donahue, Kuhl, Hoffman, Wayson, Chipman; nays – none. Motion carried.

Stream Gage Agreement.
Chipman moved, Donahue seconded to approve Resolution Number 11-122, A Resolution approving the agreement between the City of North Liberty and the United States Geological Survey to jointly fund a stream gage station on Muddy Creek.  The vote was: ayes – Hoffman, Chipman, Kuhl, Wayson, Donahue; nays – none. Motion carried.

Penn Meadows, Part 6 Final Plat.
Wheatley presented the application for the final plat.  Staff and the Planning Commission recommended approval of the plat.

Hoffman moved, Wayson seconded to approve Resolution Number 11-123, A Resolution approving the Final Plat of Penn Meadows, Part 6, North Liberty, Iowa. The vote was: ayes – Kuhl, Donahue, Wayson, Chipman, Hoffman; nays – none. Motion carried.

Autumn Ridge Property.
At 8:25 p.m., Mayor Salm opened the Public Hearing regarding granting a permanent easement to MidAmerican Energy. No oral or written comments were received. The public hearing was closed.

Kuhl moved, Donahue seconded to approve Resolution Number 11-124, A Resolution approving the Gas Easement Agreement between MidAmerican Energy Company and the City of North Liberty, Iowa. The vote was: ayes – Wayson, Hoffman, Chipman, Donahue, Kuhl; nays – none. Motion carried.

At 8:26 p.m., Mayor Salm opened the Public Hearing regarding disposing of property. No oral or written comments were received. The public hearing was closed.

Hoffman moved, Chipman seconded to approve Resolution Number 11-125, A Resolution approving the conveyance of property owned by the City of North Liberty and authorizing the Mayor to sign and the City Clerk to attest to a Quit Claim Deed for the conveyance of the property. After discussion, the vote was: ayes – Chipman, Kuhl, Hoffman, Donahue, Wayson; nays – none. Motion carried.

Assessment to property taxes.
Hoffman moved, Kuhl seconded to approve Resolution Number 11-126, A Resolution authorizing the assessment of delinquent amounts owed to the City of North Liberty, Iowa to individual property taxes.  The vote was: ayes – Donahue, Kuhl, Hoffman, Wayson, Chipman; nays – none. Motion carried.

New Business.  Councilor Wayson reminded all about the city election coming up. There is information on website about city council candidates and information about ward vote.  Candidate Council Forum is scheduled for tomorrow night.

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