City Council minutes for May 9, 2017

Minutes
North Liberty City Council
May 9, 2017
Work Session
Regular Session

 

Call to order
Mayor Terry Donahue called the May 9, 2017 Work and Regular Sessions of the North Liberty City Council to order at 6:30 p.m.  Councilors present:  Chris Hoffman, Sarah Madsen, Annie Pollock, Jim Sayre and Brian Wayson.

Others present: Ryan Heiar, Tracey Mulcahey, Scott Peterson, Kevin Trom, Dean Wheatley, Megan Benischek, Tionna Pooler, Acie Earl, Vince Schrock, Glen Siders, Chief Diane Venenga, Brian Gotwals, Tom Palmer, Shelby Behrens and other interested parties.

Swearing in of newly elected officials
Mayor Terry Donahue and Councilor Sarah Madsen were sworn in.

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

Consent Agenda
Hoffman moved, Sayre seconded to approve the Consent Agenda including City Council Minutes from the Regular Session on April 25, 2017; the attached list of Claims; Change Order Number 3 for the Phase I Water System Improvements Division 1 Water Treatment Plant to Portzen Construction in a deduct amount of $41,737.00; Pay Application Number 20R for the Phase II WWTP Improvements to Tricon Construction Group in the amount of $218,314.64; Change Order Number 1 for the North Liberty Road Improvements to Metro Pavers, Inc. in the amount of $7,731.74; Change Order Number 2 for the North Liberty Road Improvements to Metro Pavers, Inc. in the amount of  $9,116.63; Pay Application Number 3 for the North Liberty Road Improvements to Metro Pavers, Inc. in the amount of $228,086.36; Pay Application Number 5 for the Phase I Water System Improvements, Division III – Well Construction and Rehabilitation to Gingerich Well & Pump Service in the amount of $174,781.00;  Pay Application Number 8 for the SRF Sponsored Water Quality Project to Metro Pavers, Inc. in the amount of $116,808.38; Change Order Number 2 for the Penn Street Project to Streb Construction Co., Inc. in the amount of  $803.75; and the Liquor License Update, Café Muse, adding Outdoor Service endorsement.  The vote was all ayes.  Consent agenda approved.

Public Comment
No public comment was offered.

City Planner Report
City Planner Wheatley provided a fixed route service summary update.  The number of trips decreased from March to April with costs remaining about the same.  A joint meeting with the Planning Commission is requested to discuss approve site plans versus submitted construction plans with amendments.  Council discussed the report with Wheatley.

City Engineer Report
City Engineer Trom reported on the Water System Improvements Projects.  The contractor on the Water Plant project continues to pour walls, foundations, install underground plumbing and the base for the ground storage tank.  Staff is traveling to Mt. Pleasant tomorrow to look at precast walls before they are delivered.  The contractor on the Wells project has completed the Jordan well pump test. The results were a bit better than expected.  The contractor is waiting for the engineer to certify the well pump results before removing the sound barrier.  Construction of the well house has started.  The Raw Water Main project will start in the summer.  The North Liberty Road, Phase 2 project has slowed because of rain and poor soil conditions.  The Penn Street project gas main relocation is scheduled to be completed tomorrow. The street crossings will be made the week of May 22.  During heavy traffic times, two lanes will be open. After rush hour, there will be flaggers for somewhere between eight days and two weeks.  The contractor for the Brine/Water Maintenance Storage project is mobilizing soon.  The SRF Sponsored Water Quality Project is close to substantial completion. The Ranshaw House project design and bidding are underway.   Council discussed the report with Trom.

City Attorney Report
City Attorney Peterson presented information regarding the fireworks bill that was signed into law today.  Cities have the ability to opt out of allowing the use of fireworks, but cannot opt out of the sale. Heiar updated Council on staff’s opinion on the use of fireworks. Staff hopes to have information for discussion and a recommendation from staff for the next City Council meeting.  Peterson talked about implementing a moratorium on sales so that an ordinance can be put into effect that is reasonable and consistent with state and local codes. Council discussed the fireworks issue. Peterson presented information on the final decision in the Weinman case. He reviewed the history of the case in detail for Council.  Council discussed the report with Peterson.

Assistant City Administrator Report
Assistant City Administrator Mulcahey reported that the North Liberty Summer Lunch and Fun Program begins June 5. Volunteers are still needed.  Defenders of Land and Water Day was last Friday. Approximately 300 North Central Junior High 7th graders were out in the field pulling garlic mustard, water testing, doing stream clean up and underbrush removal.  Mulcahey thanked the Streets Department, Parks Department, Recreation Department, and Stormwater Coordinator, Mike Wolfe for making the day a great success.

City Administrator Report
City Administrator Heiar reported that a proposal from a search firm will be on the next City Council agenda.   In addition to a joint meeting with the Planning Commission, a joint meeting is needed with the Park Board to review and discuss the Aquatic Study.

Mayor Report
Mayor Donahue reported that the CIT group is meeting next Monday.  He will forward a synopsis of the meeting.

2017B Bond Sale
Tionna Pooler, IPA, presented information regarding the bond sale.

Hoffman moved, Wayson seconded to approve Resolution Number 2017-48, A Resolution authorizing and approving a Loan Agreement, authorizing the call of outstanding bonds, providing for the sale and issuance of General Obligation Urban Renewal and Refunding Bonds, Series 2017B, and providing for the levy of taxes to pay the same to Wells Fargo.  After discussion, the vote was: ayes – Wayson, Pollock, Madsen, Sayre, Hoffman; nays –none. Motion carried.

United Methodist Church Site Plan
Wheatley reported that Staff and the Commission recommended approval of the application as submitted. Council discussed the application with Wheatley.

Glen Siders was present on behalf of the applicant.  The applicant has removed the request to delay the sidewalk installation. The Council discussed the application with Siders.

Sayre moved, Pollock seconded to approve Resolution Number 2017-47, A Resolution approving the Development Site Plan for the First United Methodist Church, North Liberty, Iowa.  The vote was: ayes – Sayre, Wayson, Madsen, Pollock, Hoffman; nays – none.  Motion carried.

Venom Villas Rezoning
Mayor Donahue opened the public hearing regarding proposed rezoning at 7:19 p.m.  Shelby Behrens, 1270 Doe Run Drive, spoke regarding the adequacy of the amended lot sizes created with the rezoning request.  The public hearing was closed.

Wheatley reported that Staff and the Commission recommended denial of the application. Council discussed the application with Wheatley.

Acie Earl, the applicant, presented information regarding the application. Vince Schrock, MMS Consultants, presented additional information on the application.  Council discussed the application with the applicant.

Donahue presented the findings in the staff report. Hoffman moved, Sayre seconded to deny the first consideration of Ordinance Number 2017-05, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by amending the use regulations on property owned by Venom Investments, LLC located in North Liberty, Iowa to those set forth in the Municipal Code for the RM-8 Multi Family Residential Zoning District. After discussion, the vote was: ayes – Hoffman, Madsen, Sayre, Wayson, Pollock; nays – none. Motion carried.   Pollock moved, Hoffman seconded to adopt the findings in the staff report.  After discussion, the vote was: ayes Sayre, Pollock, Hoffman, Madsen; nays – Wayson. Motion carried.

Athletic Field Lighting Ordinance
Wayson moved, Hoffman seconded to approve the third consideration and adoption of Ordinance Number 2017-01, An Ordinance Amending Chapter 169, “Zoning Code – Development Regulations” of the North Liberty Code of Ordinances by Updating Section 169.12(1)(I) for Certain Outdoor Sports Field Lighting.  The vote was: ayes – Madsen, Pollock, Sayre, Hoffman, Wayson; nays – none. Motion carried.

Sign Ordinance
Madsen moved, Hoffman seconded to approve the third consideration and adoption of Ordinance Number 2017-02, An Ordinance Amending Chapter 173, “Zoning Code – Sign Regulations” of the North Liberty Code of Ordinances by Updating Section 173.08 Adding a Height Limitation for Ground Signs. The vote was: ayes – Wayson, Madsen, Sayre, Hoffman, Pollock; nays – none. Motion carried.

Backflow Prevention Ordinance
Sayre moved, Pollock seconded to approve the second consideration of Ordinance Number 2017-03, An Ordinance adding Chapter 90 of the North Liberty Code of Ordinances to Address Backflow Prevention in the City’s Water Service System. After discussion, the vote was: ayes – Sayre, Madsen, Wayson, Hoffman, Pollock; nays –none. Motion carried.

Electrician/Plumber Ordinance
Wayson moved, Hoffman seconded to approve the second consideration of Ordinance Number 2017-04, An Ordinance amending Chapter 125, “Electrician and Plumber Licenses,” of the North Liberty Code of Ordinances  by repealing Chapter 125.  The vote was: ayes – Pollock, Madsen, Hoffman, Wayson, Sayre; nays – none. Motion carried.

WoodRiver Energy
Heiar presented information regarding the WoodRiver Energy agreement. Council discussed the agreement with staff.

Pollock moved, Wayson seconded to approve Resolution Number 2017-46, A Resolution approving the Natural Gas Sales Agreement between WoodRiver Energy, LLC and the City of North Liberty, Iowa regarding the City’s natural gas purchases for certain facilities.  The vote was: ayes – Pollock, Sayre, Madsen, Hoffman, Wayson; nays – none. Motion carried.

Water Rate Ordinance
Heiar presented information regarding the proposed water rate amendment.

Mayor Donahue opened the public hearing regarding proposed water rate at 8:01 p.m.  No oral or written comments were received. The public hearing was closed.

Hoffman moved, Wayson seconded to approve the first consideration of Ordinance Number 2017-06, An Ordinance amending Chapter 92.02, entitled “Rates for Service,” of the Municipal Code of North Liberty by adopting a new Section 92.02 to increase the charges for water used.  After discussion, the vote was: ayes – Sayre, Hoffman, Wayson, Madsen, Pollock; nays – none. Motion carried.

Sewer Rate

Heiar presented information on the proposed sewer rate amendment.

Mayor Donahue opened the public hearing regarding proposed sewer rate at 8:03 p.m.  No oral or written comments were received. The public hearing was closed.

Wayson moved, Hoffman seconded to approve the first consideration of Ordinance Number 2017-07, An Ordinance amending Chapter 99.02 entitled, “Rate,” of the Municipal Code of North Liberty by adopting new Section 99.02 to increase the charges for sanitary sewer services.  The vote was: ayes- Madsen, Wayson, Sayre, Hoffman, Pollock; nays – none. Motion carried.

Work Session – Civic Campus
Heiar presented information regarding the Civic Campus project.  Chief Diane Venenga and Brian Gotwals, Shive Hattery were also present.  Council discussed the project.

Old Business
No old business was presented

New Business
Wheatley reported on a recent phone conference with IDOT regarding I380 improvements and alternatives. Councilor Wayson reported on City Clean up Day.  He also reported that it is National Nurses Week and National Hospital Week.  Of the 100 Great Nurses in Iowa, 20 are Johnson County residents, 5 are North Liberty residents.  Pollock reported that one is on North Liberty City Council, Councilor Wayson.

Councilor Hoffman was contacted by the University of Iowa by an engage social innovation student. He will be working with the group on a North Liberty project.

Mayor Donahue reported that Councilor Hoffman will be maintained as Mayor Pro Tem.  He requested that Council submit a list of outside committees they are members of and whether they would like to maintain those positions.

Adjournment
Mayor Donahue adjourned the meeting at 8:32 p.m.