City Council minutes for December 21, 2017

North Liberty City Council
December 21, 2017
Regular Session
City Council Chambers
1 Quail Creek Circle

Call to order
Mayor Terry Donahue called the December 21, 2017 Regular Session of the North Liberty City Council to order. Councilors present: Chris Hoffman, Sarah Madsen, Jim Sayre and Brian Wayson; absent – Annie Pollock.
Others present: Ryan Heiar, Tracey Mulcahey, Scott Peterson, Kevin Trom, Dean Wheatley, Evan Runkle, Josh Covert, Jennifer Goings and other interested parties.

Approval of the Agenda
Hoffman moved, Madsen seconded to approve the agenda. The vote was all ayes. Agenda approved.
Consent Agenda
Council discussed the Consent Agenda. Madsen moved, Sayre seconded to approve the Consent Agenda including City Council Minutes from the Regular Session on December 12, 2017; the attached list of Claims; November Revenues; November Treasurer Report; Red’s Alehouse Liquor License Renewal; Class C Liquor License with Outdoor Service and Sunday Sales endorsements; Phase I Water System Improvements Division II Water Mains, Pay Application Number 2, Ricklefs Excavating, $174,515.00;North Liberty Road Improvements Project, Pay Application Number 10, Metro Pavers, Inc., $22,840.65; and North Liberty Road Improvements Project, Change Order Number 7, Metro Pavers, Inc., $20,000.00. The vote was all ayes. Consent agenda approved.

Public Comment
No public comment was offered.

City Planner Report
City Planner Dean Wheatley reported on the Transit Report he has provided.

City Engineer Report
City Engineer Kevin Trom had no report this evening, but offered to answer questions.

City Attorney Report
City Attorney Scott Peterson reported on the Trail Connection Project agreements, the Front Street Project agreements and the Weinman case argument before the Court of Appeals.

Assistant City Administrator Report
Assistant City Administrator Tracey Mulcahey reported over 100 families and 270 kids were served with the North Liberty location of Johnson County Toys for Tots this year.

City Administrator Report
City Administrator Ryan Heiar reported that staff is meeting with Kansas Avenue property owners regarding easements and acquisitions. Staff is meeting with the Police Department consultant tomorrow.

Mayor Report
Mayor Donahue had no report this evening.

Zoning Ordinance – Rental/Family
At 6:38 p.m., Mayor Donahue opened the Public Hearing on proposed ordinance amendment. No oral or written comments were received. The public hearing was closed.

Hoffman moved, Madsen seconded to approve the third consideration and adoption Ordinance Number 2017-11, An Ordinance amending various sections of Chapters 165 to 173 of the North Liberty Code of Ordinances to implement changes related to limiting the number of adults permitted to inhabit any rental dwelling unit. The vote was: ayes – Hoffman, Sayre, Wayson, Madsen; nays – none. Motion carried.

Living Word Church
Wayson moved, Sayre seconded to approve the third consideration and adoption of Ordinance Number 2017-12, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by amending the use regulations on property owned by FIJC, LLC located in North Liberty, Iowa to those set forth in the Municipal Code for the C-2-A Commercial Zoning District. The vote was: ayes – Wayson, Sayre, Madsen, Hoffman; nays – none. Motion carried.

ICCSD School Property Rezoning
Mayor Donahue opened the Public Hearing regarding proposed rezoning at 6:42 p.m. Wheatley presented information on the rezoning. No oral or written comments were received. The public hearing was closed.

Pollock arrived at 6:43 p.m.

Madsen moved, Hoffman seconded to approve the first consideration of Ordinance Number 2017-13, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by amending the use regulations on property owned by the Iowa City Community School District located in North Liberty, Iowa to those set forth in the Municipal Code for the P-Public Zoning District. After discussion, the vote was: ayes – Madsen, Wayson, Sayre, Hoffman, Pollock; nays – none. Motion carried.

Trail Connection Project
Heiar presented information on trail connection easements and acquisitions. Pollock moved, Hoffman seconded to approve Resolution Number 2017-143, A Resolution approving the Memorandum of Agreement between Harold W. Cameron and the City of North Liberty. The vote was: ayes – Hoffman, Madsen, Wayson, Pollock, Sayre; nays – none. Motion carried.

Wayson moved, Madsen seconded to approve Resolution Number 2017-144, A Resolution approving the Permanent Public Use Access Easement Agreement between Restaurant Concepts, Inc. and the City of North Liberty. The vote was: ayes- Madsen, Hoffman, Pollock, Sayre, Wayson; nays – none. Motion carried.

Sayre moved, Hoffman seconded to approve Resolution Number 2017-145, A Resolution approving the Temporary Construction Easement between MAJ Properties I LLC and the City of North Liberty. The vote was: ayes – Pollock, Wayson, Sayre, Hoffman, Madsen; nays – none. Motion carried.

Use of Right-of-Way
Mayor Donahue presented information regarding rights-of-way in the City. The city is responsible for protecting utilities in the right-of-way. Peterson presented additional information regarding enforcement of right-of-way infringement. Mayor Donahue spoke to Mr. Covert regarding the issue. Covert spoke regarding the issue. Council discussed the issue.

Old Business
No old business was presented.

New Business
Councilor Hoffman spoke regarding Councilor Wayson’s service on the City Council Councilor Wayson spoke regarding his term on Council.

Adjournment
At 7:08 p.m., Mayor Donahue adjourned the meeting.