City Council minutes for September 27, 2016

MINUTES
North Liberty City Council
September 27, 2016
Regular Session

Call to order
At 6:30 p.m., Mayor Amy Nielsen called the September 27, 2016 Regular Session of the North Liberty City Council to order. Councilors present: Terry Donahue, Chris Hoffman, Annie Pollock, Jim Sayre and Brian Wayson.

Others present: Tracey Mulcahey, Scott Peterson, Kevin Trom, Dean Wheatley, Stefan Juran, Hayden Burchard, Steve Troyer, Greg Metternich, Tom Palmer, Bryan Hardin and other interested parties.

Approval of the Agenda
Pollock moved, Wayson seconded to approve the agenda. The vote was all ayes. Agenda approved.

Consent Agenda
Donahue moved, Pollock seconded to approve the Consent Agenda including City Council Minutes from the Regular Session on September 13, 2016; the attached list of Claims; August Revenues and Pay Application Number 14 for the East Growth Area Water and Sewer Extensions to Langman Construction in the amount of $27,582.49. The vote was all ayes. Consent agenda approved.

Public Comment
No public comment was offered.

City Planner Report
City Planner Wheatley reported that he was reminded last week how clean and tidy North Liberty looks regarding signs.

City Engineer Report
City Engineer Trom reported on the Dubuque Street/North Liberty Road Project. The trail will be closed Wednesday to Friday to make the permanent trail connection. The project is 85% complete. The project is estimated to be open to traffic in mid to late October. The Penn Street ICAAP is 90-95% complete. It should be open fully to traffic by Saturday at the latest. The bids for Division 3 of the Water System Project are on the agenda tonight. The wastewater treatment plant is scheduled for completion in June 2017. The trail is paved and the excavation is happening for the permeable paver parking lot. The North Liberty Road Phase 2 and the next phase of Penn Street check plans should be complete by the end of the week. Council discussed the report with Trom.

City Attorney Report
City Attorney Peterson reported that the SEATS agreement is on tonight’s agenda. There was a trial last week regarding a woman who was injured being escorted out of the police department. The verdict was in favor of the City and the officer. The matter is concluded. Regarding the ongoing litigation with Gary Weinman, the jury verdict and condemnation are on appeal. The City is in a defensible position.

Assistant City Administrator Report
Assistant City Administrator Mulcahey reported on the status of the SQR program, OnBase training, the FY 18 budget, social service discretionary funding applications and Hall of Fame applications. Council discussed the report with Mulcahey.

Mayor Report
Mayor Nielsen reported that she attended the Iowa League of Cities conference in Des Moines. She reported on behalf of Councilor Hoffman on his attendance at the conference. She attended the Iowa Women’s Foundation Luncheon with a group of North Liberty staff. She attended the AARP Take a Stand event in Coralville regarding the possibility of the reduction in Social Security benefits. Council discussed the report with Nielsen.

BeerBurger Liquor License Application
Hayden Burchard presented additional information on the application. Sayre moved, Pollock seconded to approve the Liquor License Application for Beerburger, Class C Liquor License with Catering Privilege, Outdoor Service and Sunday Sales endorsements and with waiver for one year for wall remote vending system. After discussion, the vote was: ayes – Wayson, Pollock, Donahue, Sayre, Hoffman; nays – none. Motion carried.

Water Project
Steve Troyer, FOX Engineers, and Greg Metternich, Water Superintendent, updated Council on the Water Project. Council discussed the report with Troyer.

Wayson moved, Sayre seconded to approve Resolution Number 2016-101, A Resolution approving Task Order 3373-15A, Amendment No. 1 between the City of North Liberty and FOX Engineering Associates for services relating to Phase 1, Water System Improvements Project. The vote was: ayes – Wayson, Pollock, Sayre, Donahue, Hoffman; nays – none. Motion carried.

Donahue moved, Wayson seconded to approve Resolution Number 2016-102, A Resolution accepting the bid and authorizing execution of the contract for the Phase I Water System Improvements – Division 3 – Well Construction and Rehabilitation. After discussion, the vote was: ayes – Donahue, Pollock, Hoffman, Sayre, Wayson; nays – none. Motion carried.

SEATS
Wayson moved, Donahue seconded to approve Resolution Number 2016-103, A Resolution approving the Contract for Purchase of Transit Services between the City of North Liberty and Johnson County SEATS and ECICOG with the amendments as discussed. After discussion, the vote was: ayes – Pollock, Wayson, Hoffman, Donahue, Sayre; nays – none. Motion carried.

Archery Ordinance
Donahue moved, Pollock seconded to approve the second consideration of Ordinance Number 2016-11, An Ordinance amending Chapter 41 of the North Liberty Code of Ordinances by amending Sections 41.05 and 41.06 regarding shooting arrows in City limits. The vote was: ayes – Hoffman, Wayson, Sayre, Donahue, Pollock; nays – none. Motion carried.

Donahue moved, Pollock seconded to waive the requirement for three separate readings on three separate dates. After discussion, the vote was: ayes – Wayson, Donahue, Hoffman, Sayre, Pollock; nays – none. Motion carried.

Wayson moved, Pollock seconded to approve the third consideration and adoption of Ordinance Number 2016-11, An Ordinance amending Chapter 41 of the North Liberty Code of Ordinances by amending Sections 41.05 and 41.06 regarding shooting arrows in City limits. The vote was: ayes – Sayre, Hoffman, Donahue, Wayson, Pollock; nays – none. Motion carried.

Precinct Boundaries
At 7:42 p.m., Mayor Nielsen opened the public hearing regarding proposed precinct boundary amendments. No oral or written comments were received. The public hearing was closed.

Wayson moved, Sayre seconded to approve the first consideration of Ordinance Number 2016-12, An Ordinance amending Chapter 6 of the North Liberty Code of Ordinances by amending Section 6.07 “Voting Precincts.” After discussion, the vote was: ayes – Donahue, Wayson, Hoffman, Pollock, Sayre; nays – none. Motion carried.

Lighting Ordinance
At 7:46 p.m., Mayor Nielsen opened the public hearing regarding proposed lighting ordinance amendment. No oral or written comments were received. The public hearing was closed.

Sayre moved, Wayson seconded to approve the first consideration of Ordinance Number 2016-13, An Ordinance amending Chapter 169 of the North Liberty Code of Ordinances by amending Subsection 169.12(1)(I) to establish process for approval of outside lighting on public property. After discussion, Donahue moved to table and Pollock seconded. The vote was: ayes – Hoffman, Wayson, Sayre, Pollock, Donahue; nays – none. Motion carried.

Building and Fire Code Ordinance
At 7:57 p.m., Mayor Nielsen opened the public hearing regarding building code ordinance amendments. Tom Palmer, Building Official, and Bryan Hardin, Fire Marshal, presented information regarding the proposed Code update. The public hearing was closed.

Wayson moved, Donahue seconded to approve the first consideration of Ordinance Number 2016-14, An Ordinance amending Chapter 157 of the North Liberty Municipal Code entitled, “Building Code” by repealing Chapter 157 and adopting in lieu thereof new Chapter 157 to adopt the 2015 International Building Code and Chapter 158 entitled “Fire Code” by repealing Chapter 158 and adopting in lieu thereof a new Chapter 158 to adopt the 2015 International Fire Code to be utilized by the City. After discussion, the vote was: ayes – Pollock, Sayre, Wayson, Donahue, Hoffman; nays – none. Motion carried.

IamResponding Contract
Donahue moved, Pollock seconded to approve Resolution Number 2016-104, A Resolution approving the Subscription Renewal Agreement with Emergency Services Marketing Corp, Inc. for certain administrative services for the Fire Department. After discussion, the vote was: ayes – Hoffman, Pollock, Sayre, Donahue, Wayson; nays – none. Motion carried.

Old Business
Councilor Sayre asked about the installation of flashing crosswalk signs at the Penn/Stewart/Dubuque Street intersection. Wheatley reported that all the school related improvements will be completed this week.

New Business
Councilor Donahue reported that MPOJC meets tomorrow night. He provided an update on the passenger rail study.

Council Wayson offered thanks to City staff on behalf of Johnson County Emergency management for flood relief efforts.

Closed Session
City Attorney Peterson recommended the proposed closed session.

At 8:15 p.m., Donahue moved, Wayson seconded to move into closed session pursuant to Iowa Code Section 21.5(1)(c) to discuss litigation. The vote was: ayes – Wayson, Sayre, Pollock, Hoffman, Donahue; nays – none. Motion carried.

At 8:36 p.m., Donahue moved, Wayson seconded to return to session. The vote was: ayes – Hoffman, Wayson, Pollock, Donahue, Sayre; nays – none. Motion carried.

Adjournment
At 8:36 p.m., Mayor Nielsen adjourned the meeting.