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Minutes
North Liberty City Council
August 10, 2010
Regular Session

Call to order. At 7:00 p.m., Mayor Salm called the August 10, 2010 Regular Session of the North Liberty City Council to order.  Council members present: Chipman, Hoffman, Kuhl, Wayson; absent: Donahue.

Others present:  Ryan Heiar, Tracey Mulcahey, Scott Peterson, Kevin Trom, Dean Wheatley, Erika Harper, Doug Lindner, Steve McCoy, Tracy Barkalow, Barbara Beaumont, Dr. Pete Wallace, Mike Bales, Susan Glasgow and other interested citizens.

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

Consent Agenda.  Hoffman moved, Chipman seconded to approve the Consent Agenda including City Council Minutes from the Regular Meeting, July 27, 2010; the attached list of Claims; Liquor License Renewal for Caseys #2788 595 N. Kansas Avenue, Class C Beer Permit with Sunday Sales Endorsement; Cherry Street Signalization Project,  Advanced Electrical Services, Pay Request #4 – $168,617.04; Highway 965, Phase 1 Project,  Metro Pavers, Pay Request #3 – $95,507.37; Forevergreen Road Project, Metro Pavers, Pay Request #2 – $ 305,250.60. The vote was: ayes – Wayson, Chipman, Hoffman, Kuhl; nays – none; absent – Donahue. Motion carried.

Public Comment.  Steve McCoy had questions about UICCU project. He asked what the net effect on taxpayer would be.  He encouraged council to be considerate of people that don’t have the same amount of money coming in that they had in the past.

Susan Glasgow, Advanced Millwork, expressed that her taxes had increased $40,000 in two years. They have decreased employees from 52 to 26. She requested no more taxes on independent business owners.  

City Attorney Report.  City Attorney Peterson had no report to offer.

City Engineer Report.  City Engineer Trom reported that he was out of the office last week and is working to catch up on project statuses. He reported that the south half of the west end of Forevergreen Road was paved today.  The other half will be paved on Friday.  The intersection with Jones Boulevard will be paved in four to keep the intersection open at all times.   

Councilor Hoffman stated that the Scales Bend Rd. project was awesome. Trom updated that City staff has some sidewalk connections, crosswalks, and stop bars to complete.

City Administrator Report.  City Administrator Heiar reported on the following:
•    He will be meeting with Harkin staff on Thursday regarding Highway 965. He will make sure to thank them for their recent efforts to get an earmark for Highway 965 in the transportation bill.
•    He met with Dick Ferguson last week and toured Cornerstone Nature Area, the park on the land he donated to the city.   
•    Transit Task Force interviews will be held next week. Mayor Salm, Councilor Kuhl, Councilor Hoffman and City Administrator Heiar will be conducting the interviews.
•    Heiar reported that the Recognition and Rally group are hosting a lunch & learn this month. The program will be Ten Steps to Financial Success provided by a local financial institution. A survey regarding work environment will be conducted. Management will use this as a tool to help guide the city.  
•    Heiar has been asked to serve on the advisory board for Corridor regional branding. The board will be investigating a regional branding initiative.  

Mayor Report.  Mayor Salm attended the Heritage School ribbon cutting this afternoon.

Get Moving Proclamation.  Mayor Salm proclaimed August 29, 2010 as Get Moving for Healthy Kids Day in North Liberty, Iowa.  Dr. Pete Wallace added that the Get Moving for Kids 5k walk/run is scheduled for Sunday, August 29 at West High School.

Zoning Ordinance Amendment.  Kuhl moved, Hoffman seconded to approve the third consideration and adoption of Ordinance Amendment Number 10-09, An Ordinance Amending Sections 307 and 1606, and various use tables, Title 17, Zoning Code, of the North Liberty Municipal Code regarding the establishment of Food Pantries as accessory uses to Places of Worship.  The vote was: ayes – Hoffman, Chipman, Kuhl, Wayson; nays – none ; absent – Donahue. Motion carried.

Cedar Springs Lift Station Project.  Wayson moved, Hoffman seconded to approve Resolution Number 10-113, A Resolution accepting the bid from Wendler Construction for the Cedar Springs Lift Station Project. After discussion, the vote was: ayes – Chipman, Wayson, Kuhl, Hoffman; nays – none; absent – Donahue. Motion carried.

2010 Bond Sales.  At 7:23p.m., Mayor Salm opened the public hearing regarding instituting loan agreement in the principal amount of $5,900,000 (General Obligation). No oral or written comments were received. The public hearing was closed.

At 7:24 p.m., Mayor Salm opened the public hearing regarding instituting loan agreement in the principal amount of $1,250,000 (General Obligation). No oral or written comments were received. The public hearing was closed.

At 7:24 p.m., Mayor Salm opened the public hearing regarding instituting loan agreement in the principal amount of $900,000 (General Obligation). No oral or written comments were received. The public hearing was closed.

At 7:24 p.m., Mayor Salm opened the public hearing regarding instituting loan agreement in the principal amount of $675,000 (General Obligation). No oral or written comments were received. The public hearing was closed.

At 7:25 p.m., Mayor Salm opened the public hearing regarding instituting loan agreement in the principal amount of $12,250,000 (General Obligation). Councilor Kuhl stated that the Credit Union does pay taxes and was not permitted to receive TARP funds under federal legislation. Heiar presented additional information regarding the proposed bond sales. With tonight’s vote, council is authorizing to move ahead with the bonding process.  Some of the bonds are being sold as annual appropriation bonds. No bonds issued for the Credit Union project will require any increase in tax rate as they will be repaid with tax increment financing taxes received. The other borrowing is General Obligation.  The tax rate may increase but the amount is dependent on growth of tax base. Tax base could grow enough to maintain the debt service rate or minimize the increase.  The credit union project involves the purchase of property known as the Villas. The City is purchasing property, rezoning to commercial, and providing property to UICCU to construct their Member Support Center. The facility will be 100,000 square feet initially and will generate $600,000 annually in property taxes. The center will have 125 jobs initially and will grow approximately another 300 jobs over the next phase. The Credit Union is forecasting ongoing growth. The development of the Member Support Center will most likely be followed by commercial development. Taxes paid by the Credit Union will go toward paying bond payments. As properties sell, the bonds will be repaid with sales proceeds.  No oral or written comments from the public were received regarding this matter. The public hearing was closed.

At 7:31 p.m., Mayor Salm opened the public hearing regarding instituting loan agreement in the principal amount of $350,000 (General Obligation). No oral or written comments were received. The public hearing was closed.

Kuhl moved, Hoffman seconded to approve Resolution Number 10-114, A Resolution taking additional action to enter into Loan Agreements and authorizing the sale of General Obligation Corporate Bonds. The vote was: ayes – Wayson, Hoffman, Kuhl, Chipman; nays – none; absent – Donahue. Motion carried.

At 7:32 p.m., Mayor Salm opened the public hearing regarding issuance of an Urban Renewal Tax Increment Bonds in the amount not to exceed $8,000,000. No oral or written comments were received. The public hearing was closed.

Chipman moved, Kuhl seconded to approve Resolution Number 10-115, A Resolution taking additional action for the Issuance of an $8,000,000 Urban Renewal Tax Increment Bond. The vote was: ayes – Kuhl, Chipman, Hoffman, Wayson; nays – none; absent – Donahue. Motion carried.

TIGER II Application.  Hoffman moved, Kuhl seconded to approve Resolution Number 10-116, A Resolution authorizing the submission of TIGER II Application to the USDOT for the Highway 965 Corridor Enhancement Project. After discussion, the vote was: ayes – Chipman, Wayson, Hoffman, Kuhl; nays – none; absent – Donahue. Motion carried.

Dubuque Street Trail Project.  Hoffman moved, Chipman seconded to approve Resolution Number 10-117, A Resolution approving the agreement between the City of North Liberty and the Iowa Department of Transportation regarding Project Number STP-E-5557(616)-8V-52for the North Liberty Dubuque Street Connector Trail Project.  After discussion, the vote was: ayes – Hoffman, Kuhl, Chipman, Wayson; nays – none; absent – Donahue. Motion carried.

Great Places Agreement.  Hoffman moved, Wayson seconded to approve Resolution Number 10-118, A Resolution approving the agreement between the City of North Liberty and Iowa Department of Cultural Affairs regarding Project Number GP22-02 for the Ranshaw House Renovation Project.  The vote was: ayes – Wayson, Hoffman, Chipman, Kuhl; nays – none; absent – Donahue. Motion carried.

Library Expansion Project.  Kuhl moved, Hoffman seconded to approve Resolution Number 10-119, A Resolution to support the application to the Iowa Department of Economic Development for $675,000 from the Vision Iowa Community Attraction and Tourism Fund for the expansion of the North Liberty Community Library, North Liberty Community Center Phase III. After discussion, the vote was: ayes – Kuhl, Wayson, Hoffman, Chipman; nays – none; absent – Donahue. Motion carried.

2010 Sanitary Sewer Service Study  Hoffman moved, Wayson seconded to approve Resolution Number 10-120, A Resolution approving the services agreement between the City of North Liberty and Fox Engineering, Inc. for services relating to the 2010 Sanitary Sewer Service Study.  After discussion, the vote was: ayes – Hoffman, Chipman, Wayson, Kuhl; nays – none; absent – Donahue. Motion carried.

City Hall Land Acquisition. Chipman moved, Hoffman seconded to approve Resolution Number 10-121, A Resolution approving and ratifying the purchase of Parcel Number 061241009 from Ken & Cindy Heaton. After discussion, the vote was: ayes – Chipman, Wayson, Kuhl, Hoffman; nays – none; absent – Donahue. Motion carried.

Adjourn.  At 7:45 p.m., Kuhl moved, Wayson seconded to adjourn. All ayes. Meeting adjourned.

Minutes
North Liberty City Council
July 27, 2010

Call to order.  At 7:00 p.m., Mayor Salm called the July 27, 2010 regular session of the North Liberty City Council to order.  Council members present:  Chipman, Donahue, Hoffman, Kuhl, Wayson; absent – none.

Others present:  Ryan Heiar, Scott Peterson, Tracey Mulcahey, Dean Wheatley, Kevin Trom, Erika Harper, Bill Mausser, Harold Cameron, Kevin Hochstedler, Adam Bohr, Gary Watts, Stephen Schmidt and other interested parties.  

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

Consent Agenda.  Kuhl moved, Hoffman seconded to approve the Consent Agenda including: City Council Minutes, Regular Meeting, July 13, 2010; the attached list of claims; June Revenues; Liquor License Renewal for Brown Bottle, Class C Beer with Carryout wine and Sunday Sales Endorsements; Highway 965 Project, Metro Pavers – Pay Request Number 2 – $119,493.46; and Highway 965 Project, Metro Pavers – Change Order Number 1 – $14,548.00. After discussion, the vote was: ayes – Donahue, Wayson, Hoffman, Chipman, Kuhl; nays – none. Motion carried.

Public Comment.  Councilor Donahue reported that the Thanksgiving in July continues for one more week. Donations are deductible at the rate of four pounds are the equivalent of $1.
Councilor Donahue recognized Jessica Taylor and Peyton Benge have been collecting cans in their neighborhood all summer benefitting Ronald McDonald House.

City Attorney Report.  City Attorney Scott Peterson presented the Legislative Update for the past session. Councilor Kuhl asked about planning issues relating to sustainable growth. Peterson reported that the legislation contains 10 smart principles that can be used for determining funding for programs.  New programs focus on the 500 year flood plain instead of 100 year flood plain as has traditionally been done. Wheatley stated that the legislation contains many things that most cities already do. The legislation did not focus on sustainability rather on topics like mixed uses, density, and the like to prevent consuming more farm land.

Mayor Salm asked for clarification about the child restraint legislation. Peterson stated that all children under 18 required to be in a seat belt or car seat as appropriate.

City Engineer Report.  City Engineer Trom reported on the following projects:
•    West Forevergreen Road. The overlay is well under way. The second half of the base was put in place today. The project is expected to finish tomorrow. The City will be placing the gravel shoulders and pavement markings at completion.
•    Scales Bend Road. The overlay is in place. The gravel on the shoulders and some sidewalk needs to be installed.  The contractor will be on site tomorrow at 9 a.m. to install pavement markings.  
•    Forvergreen Road.  Half of the paving is complete. The grading for the second half is underway. A meeting will be held tomorrow to discuss phasing to make sure roads are not closed.
•    Jones Boulevard and Penn Street. Design and surveys are underway. Trom met with streets department for comments on preliminary drafts.

City Administrator Report. City Administrator Heiar reported on the following:
•    Highway 965 project continues to move forward. The pavement will be installed either tomorrow or Thursday on the west side. Highway 965 was shut down for two minutes today to move Linn County REC overhead line. Progress is moving along nicely.
•    Senator Harkin and Senator Grassley have included a $500,000 earmark in the transportation appropriations bill for the Highway 965 project.
•    Staff is working with the Ranshaw House committee to bring updated figures to council for second August meeting.
•    Eight transit committee applications were received. Heiar will meet with mayor to get the process started.

Council discussed the earmark, funds received for the Ranshaw House and speeding on Forevergreen Road.  Councilor Chipman reminded all of the speed limit on Forevergreen Road and requested extra patrols on the street.

Mayor Report.  Mayor Salm reported on the University of Iowa Community Credit Union project. The Credit Union is intending to build their member support facility in North Liberty in an area currently zoned RM 21. The City will be changing the zoning on the property to commercial zoning. The project is expected to add 400 jobs over a period of years.  

Library Board Appointment. Hoffman moved, Chipman seconded to approve the appointment of Robin Blackburn to the Library Board for a term ending June 30, 2013.  The vote was: ayes – Hoffman, Chipman, Wayson, Kuhl, Donahue; nays – none. Motion carried.

Chesterfield Commons Residential Site Plan Application.  Dean Wheatley presented the staff case presentation of Chesterfield Commons Residential Development Site Plan.  He stated that this site plan is far from typical multifamily site plan. This site plan has particular features including loop drives, thicker concrete with rock base streets, sidewalks on one side of private drive separated with grass from the street, streetlights, differing building styles and sizes, designated open space area in center of site, pulled away from southern boundary in anticipation of single family housing to south with berms, open space, and visitor parking.

Bill Mausser provided the Planning Commission report on the case. The Commission voted on July 20 to recommend approval of the site plan application with no conditions.

Council discussed parking requirements for the site plan.

Kevin Hochstedler and Gary Watts made the applicant’s presentation of the residential development site plan application.

Council discussed stormwater management on the site, stoplight requirements/access at Penn Street, concerns with windows in structures, patios that cannot be enclosed due to encroachment into setbacks, and safety of facilities in storms.

Hoffman moved, Wayson seconded to approve Resolution Number 10-104, A Resolution approving the residential development site plan for Chesterfield Commons Lot 1, Liberty Medical and Commerce, Part Two, North Liberty, Iowa.

Chipman moved, Kuhl seconded to amend the motion to include limiting parking to only one side of the street in the development. After discussion, the vote was: ayes – Wayson, Kuhl, Chipman, Hoffman; nays – Donahue. Motion carried.

After discussion, the vote on Resolution Number 10-104 was: ayes – Wayson, Donahue, Chipman, Hoffman; nays – Kuhl. Motion carried.

Telecommunications Commission Amendment.  Kuhl moved, Hoffman seconded to approve the third consideration and adoption of Ordinance Number 10-08, An Ordinance amending Chapter 2.22, entitled “Telecommunications Commission,” of the North Liberty Municipal Code by amending section 2.22.070 to revise meeting frequency.  The vote was: ayes – Chipman, Kuhl, Donahue, Hoffman, Wayson; nays – none. Motion carried.

Zoning Ordinance Amendment. Donahue moved, Chipman seconded to approve the second consideration of Ordinance Amendment Number 10-09, An Ordinance Amending Sections 307 and 1606, and various use tables, Title 17, Zoning Code, of the North Liberty Municipal Code regarding the establishment of Food Pantries as accessory uses to Places of Worship. The vote was: ayes – Hoffman, Wayson, Kuhl, Donahue, Chipman; nays – none. Motion carried.

Cedar Springs Lift Station Project.  At 7:45 p.m., Mayor Salm opened the public hearing regarding plans, specifications, form of contract and estimate of cost. No oral or written comments were received. The public hearing was closed.

Donahue moved, Hoffman seconded to approve Resolution Number 10-106, A Resolution approving plans, specifications, form of contract and estimate of cost for the Cedar Springs Lift Station Project. The vote was: ayes – Wayson, Chipman, Donahue, Kuhl, Hoffman; nays – none. Motion carried.

Officer Training Reimbursement Agreement.  Donahue moved, Wayson seconded to approve Resolution Number 10-103, A Resolution approving Agreement between Oleta Davis and the City of North Liberty, Iowa for Reimbursement of Officer Training expenses.  After discussion, the vote was: ayes – Chipman, Kuhl, Hoffman, Donahue, Wayson; nays – none. Motion carried.

Penn Meadows Park Parking Lot Improvement Project.  Hoffman moved, Wayson seconded to approve Resolution Number 10-107, A Resolution approving services agreement between the City of North Liberty and Shive-Hattery, Inc. for services relating to the Penn Meadows Park Parking Lot Improvements Project.  The vote was: ayes – Kuhl, Donahue, Wayson, Hoffman, Chipman; nays – none.  Motion carried.

Dubuque Street Trail.     Hoffman moved, Kuhl seconded to approve Resolution Number 10-108, A Resolution approving services agreement between the City of North Liberty and Shive-Hattery, Inc. for services relating to the Dubuque Street Trail Project.  The vote was: ayes – Donahue, Hoffman, Chipman, Wayson, Kuhl; nays –none. Motion carried.

2010 Bond Sale. Heiar presented the updated version of the resolutions for the bond sales. Donahue moved, Kuhl seconded to approve Resolution Number 10-109, A Resolution to fix a date of meeting at which it is proposed to take action for the issuance of Urban Renewal Tax Increment Revenue Bonds in a principal amount not to exceed $8,000,000.  The vote was: ayes – Chipman, Kuhl, Wayson, Hoffman, Donahue; nays – none. Motion carried.

Chipman moved, Wayson seconded to approve Resolution Number 10-110, A Resolution to fix a date of meeting at which it is proposed to take action for the issuance of General Obligation Bonds.  After discussion, the vote was: ayes – Wayson, Donahue, Hoffman, Kuhl, Chipman; nays – none. Motion carried.

Councilor Donahue stated that the largest portion of the General Obligation Bonds is for upgrades to Highway 965 as requested by citizens. He stressed that good communication needs to be made that these bonds are predominantly going to be repaid with tax increment financing dollars and not through the increase in tax levy.  Heiar indicated that staff will be putting that communication out.

IJOBS Applications.  Donahue moved, Hoffman seconded to approve Resolution Number 10-111, A Resolution in support of I-Jobs II Grant Application.  After discussion, the vote was: ayes – Hoffman, Kuhl, Chipman, Donahue, Wayson; nays – none. Motion carried.

Assessment Resolution. Kuhl moved, Wayson seconded to approve Resolution Number 10-112, A Resolution authorizing the assessment of delinquent amounts owed to the City of North Liberty, Iowa to individual property taxes.  After discussion, the vote was: ayes – Chipman, Donahue, Wayson, Kuhl, Hoffman; nays – none. Motion carried.

Adjourn.  At 8:00 p.m., Kuhl moved, Wayson seconded to adjourn. All ayes. Meeting adjourned.

Minutes
North Liberty City Council
July 13, 2010

Regular SessionCall to order.  At 7:00 p.m., Mayor Salm called the July 13, 2010 Regular Session of the North Liberty City Council to order.  Council members present: Chipman, Donahue, Wayson, Hoffman, Kuhl; absent: none.
Others present: City Administrator Ryan Heiar, City Attorney Scott Peterson, City Engineer Kevin Trom, City Planner Dean Wheatley, Jim and Bev Seelman, Mary Lou and Jim Poggenpohl, Dwain Musser, Dan Schrock, Dave Kubicek, Jim Sayre, Matt Hass, and other interested citizens.

Approval of the Agenda:  Hoffman moved, seconded by Kuhl to approve the City Council Minutes of June 22, 2010; claims; Liquor License Renewal for Corridor Convenience, Class C Beer with Carryout wine and Sunday Sales Endorsements; DC’s Class C Liquor with Sunday Sales Endorsement; Behrens Wedding Reception Class C Liquor July 31, 2010 at South Slope; Ms Susan’s Class C Liquor with Catering Privilege and Outdoor Service Endorsements; Cherry Street Project-Advanced Electrical Services-Pay Application #3 $79,811.60, Highway 965 Project-Phase 1, Metro Pavers-Pay Application #1 $79,147.05, Forevergreen Road Project-Metro Pavers pay application #1 $275240.67, and to delete item 20 from the agenda.  After discussion, the vote was: Chipman, Donahue, Wayson, Hoffman, Kuhl; nays—none.  Motion carried.

Public Comment:  Dan Schrock, 1160 Saint Andrews Drive, explained an issue with the field tile that goes through his yard.  Mediacom cut the tile and it is now full of debris causing ponding problems.  City staff is aware of the problem and will report back to Mr. Schrock on what will be done.
Cory Grabenbauer, 1480 Harvest Street, requested the City Council to have a public hearing on the third reading of the zoning changes proposed for Harvest Estates II.   He explained his process of looking for the perfect neighborhood to build a single family home for his family.  At the time of purchasing the lot in Harvest Estates Part 1, he and his wife researched the zoning in the area, and found it to be single family in the Harvest Estates Part II.   Grabenbauer was told of the history of the zoning five years ago when the property was originally zoned and felt secure with the issue of the zoning had been decided five years ago.    Grabenbauer would like the council to deny the zoning request.

Jim Seelman, 2790 Kansas Avenue, would like the council to deny the request of Harvest Estates Part II.  He attended several meetings five years ago when this property was first zoned and thought it was over.  He encouraged the council, if they had any reservations at all on this zoning, to not vote.
Bev Seelman, 2790 Kansas Avenue, presented the City Attorney with twenty notarized petitions from surrounding home owners requesting another public hearing on the Harvest Estates Part II zoning request.  The petitioners feel that there was one public hearing on a specific zone and since then the request has changed, and so have the perimeters of the affected areas.  The petitioners also feel the current zoning request has not had due process.  A public hearing with the Planning and Zoning Commission had not been held, legal notices to the surrounding homeowners had not been done, and the required Public Hearing and three readings before the City Council had not been done.  Iowa Statutes specifies due process for the rezoning and the City is obligated to follow that process.  Based on these items, Seelman would like the zoning be denied.

Ben O’Brien, 565 Prairie Street, would like the Council to deny the zoning request.  He purchased his property after the approved zoning five years ago.  He feels changing the zoning again does not set good precedence.
City Attorney Report.  Peterson explained that the filing of the petition from 20 residents on the Harvest Estates Subdivision II, under the Public Comment item of this meeting, does not in his opinion, trigger a super majority vote.   The correct time to file such a petition should have been at the time of the public hearing on April 27, 2010. 

Kuhl thought that the petition was asking for a public hearing since the zoning changed from the April 27, 2010 public hearing.  It was Peterson’s opinion that another public hearing would not have to be held.
Peterson also reported that the Legislative Update will be on the next agenda.    
City Engineer Report.  Trom gave an update on the Forevergreen Road Project. The project is going well.

LL Pelling Company will be doing the Scales Bend Road and the West Forevergreen Road Projects.  They plan to start on Scales Bend Road on Monday, July 19.  The project should take a week.  After the completion of that project, they will move over to West Forevergreen Road July 26. This road will be open to local traffic only.   The project should be completed in three days.

Hoffman questioned the South Slope Fiber Optic Project being in the area of Scales Bend Road this week and questioned if they will be completed by the time the paving is to start.  Heiar reported that city employees will follow up to be sure they are out of the area.

City Administrator Report.  Heiar reported that letters had gone out to all the residences affected by the Scales Bend Paving Project making them aware of the project and the time line.  Letters will also go out to the residences affected by the West Forevergreen Project.

Cherry Street Signal Project is almost completed and lights should be operational by August 1st.
Highway 965, Phase One is under way.  The temporary road is in place, so this should avoid having a one-lane pilot car situation.  The speed limit on Highway 965 will be 25mph during the project.
Heiar reminded the public to get updates on the road construction projects on the city’s website.
At the next scheduled council meeting there will be a Public Hearing to schedule the bond sale for ongoing and upcoming projects.

The city received a $16,000.00 grant from the State of Iowa for the Penn Meadows Parking Lot and Rain Garden Project.
City Council members and Heiar received an e-mail from Go 21, regarding feight mail.  Heiar will be meeting about this and will report back.

Heiar will be out of the office July 21-22-23 to attend a seminar in Storm Lake.    
Board/Commission Appointments.  Donahue moved, seconded by Chipman to appoint:
-Jim Sayre, Board of Adjustment for a term to expire June 30, 2015.
-Matt Hass, Parks and Recreation Commission for a term to expire June 30, 2012
-Nick Gefaller, Tree Board for a term to expire June 30, 2011
-Benjamin Voss, Tree Board for a term to expire June 30, 2013.
After discussion, the vote was: ayes—Hoffman, Donahue, Chipman, Kuhl, Wayson; nays—none.  Motion carried.

Harvest Estates, Part 2.  Hoffman moved, seconded by Wayson to approve the Third Consideration and adoption of Ordinance Number 10-04, An Ordinance amending the Zoning Ordinance to change the use regulations on property owned by Midwest Development Corporation, located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the RS-4, RS-6 and RD-10 Residential District.  During discussion, Peterson told the Council that it is opinion that the change in the zoning from the Public Hearing in April does not require a Public Hearing, because of the insignificant change.
Kuhl feels the residents in this area do not want the RD-10 (Zero Lot Lines).  He also has a concern with the culvert in the Chipman Subdivision being able to handle the development. 

Wayson meet with some of the homeowners in the area and also received several e-mails on this issue.       The density of this area is 2.5 houses per acre, which results in 185 buildings, which Wayson is comfortable with.  The biggest complaint is the RD-10 Zone (Zero Lot Lines) that the residents do not want.   North Liberty has a lot of Zero-Lot Lines which some are very nice.   Wayson supports the zoning in this area because it does bring some more affordable single family homes to the area with a large city park.  The Preliminary Plat will need to address the drainage in the area, how the streets line-up, and how the new lots interface with the surrounding homes.  Wayson wants to be sure that people know that the Council does listen to the concerns of the citizens, but there are many voices. It’s the Council’s job to blend all the concerns into one vision for the future of North Liberty.

Hoffman did agree with Wayson’s remarks and wanted to elaborate on listening to the concerns of the citizens.  He feels that the Council has gone to great lengths to hold meetings on this issue and the people were listened too.  He encouraged people to drive around town and look at the different areas with townhomes. He feels the zero lot lines bring diversity to the community to allow a variety of price ranges.

Chipman explained that this was going to be a difficult decision for her, but she has to look out for the entire community.   She feels this subdivision provides a variety of housing for different economic situations, and the infrastructure is in place.

Donahue has a concern with the RD-10 in the middle of the single family subdivision, which could be considered a spot zoning issue.  He would like to have the RS-4 style subdivision for this area and will vote against the third consideration.

The Mayor stated that it’s the goal of the staff to provide the council with the most accurate and current information available to make good decision.  He feels that public opinion weighs in on decisions, but the goal of the council is to make the best decision for the city.
After discussion, the vote was: ayes—Wayson, Chipman, Hoffman; nays—Kuhl, Donahue.  Motion carried.
Cedar Springs, Part 11 Final Plat.  Staff reported that the Final Plat meets all requirements and the Planning Commission recommends approval.

Hoffman moved, seconded by Donahue to approve Resolution Number 10-96, A Resolution Approving the Final Plat of Cedar Springs, Part 11, North Liberty, IA.  After discussion, the vote was: ayes—Kuhl, Wayson, Hoffman, Donahue, Chipman; nays—none.  Motion carried.
Hunter Companies Commercial Development Site Plan.  Staff reported that the Site Plan meets all requirements and the Planning Commission recommends approval subject to the existing sidewalk adjacent to Quizno’s, match the sidewalk detail established with that earlier development (brick-form and colored or stained concrete; and consider adding one or more bicycle racks on the site.
Donahue moved, seconded by Chipman to approve Resolution Number 10-97, A Resolution approving the commercial development site plan for Hunter Companies in Liberty Centre, North Liberty, Iowa.  After discussion, the vote was: ayes—Kuhl, Wayson, Hoffman, Donahue, Chipman; nays—none.  Motion carried.

Penn Meadows Barn Project.  Hoffman moved, seconded by Kuhl to approve Resolution Number 10-98, A Resolution relating to financing of a proposed project to be undertaken by the City of North Liberty, Iowa; establishing compliance with reimbursement bond regulations under the Internal Revenue Code.  During discussion, Donahue mentioned how nice this area is and picnic tables would be nice there for people to use.  Heiar reported that it is addressed in the Parks Plan.  After discussion, the vote was: ayes—Kuhl, Wayson, Hoffman, Donahue, Chipman; nays—none.  Motion carried.

Telecommunications Commission Amendment.   Chipman moved, seconded by Wayson to approve the second consideration of Ordinance Number 10-08, An Ordinance amending Chapter 2.22, entitled “Telecommunications Commission,” of the North Liberty Municipal Code by amending section 2.22.070 to revise meeting frequency.  After discussion, the vote was: ayes—Chipman, Kuhl, Donahue, Hoffman, Wayson; nays—none.  Motion carried.

Forevergreen Road Project (West of Jones).  Donahue moved, seconded by Wayson to approve Resolution Number 10-99, A Resolution Approving a Contract between the City of North Liberty and LL Pelling for the Forevergreen Road Project (West of Jones Blvd).  After discussion, the vote was: ayes—Chipman, Kuhl, Donahue, Hoffman, Wayson; nays-none.  Motion carried.
City Attorney Contract.  Hoffman moved, seconded by Wayson to approve Resolution Number 10-100, A Resolution of Appointment and Compensation Schedule for the City Attorney of North Liberty.  After discussion, the vote was: ayes—Chipman, Kuhl, Donahue, Hoffman, Wayson; nays—none.  Motion carried.

CodeRED Agreement (Text Messaging).  This is the new CodeRED Emergency Notification System used by Johnson County Sheriff Department to send mass text messages, emails and phone calls.  For an annual cost of $2000.00 the city will be able to provide similar services to residences in North Liberty to get information out about street closures, snow emergencies, water main breaks, and the like.
Donahue moved, seconded by Kuhl to approve Resolution Number 10-101, A Resolution approving the Agreement between the Johnson County, Iowa E911 Board and the City of North Liberty, Iowa for provision of CodeRED Services.  After discussion, the vote was: ayes—Chipman, Kuhl, Donahue, Hoffman, Wayson; nays—none.  Motion carried.

RedFlags (Identity Theft Prevention) Policy.   Hoffman moved, seconded by Chipman to approve Resolution Number 10-102, A Resolution approving the Red Flags (Identity Theft Prevention) Policy for the City of North Liberty, Iowa.  After discussion, the vote was: ayes—Chipman, Kuhl, Donahue, Hoffman, Wayson; nays—none.  Motion carried.

Zoning Ordinance Amendment.  Public Hearing was open at 8:16 pm.  Dave Kubicek spoke on behalf of the North Liberty Food Pantry Board and thanked the City Council for their consideration of the Zoning Ordinance Amendment. The Public Hearing was closed.
Donahue moved, seconded by Kuhl to approve an amendment to the first consideration of Ordinance Number 10-09, An Ordinance Amending Sections 307 and 1606, and various use tables, Title 17, Zoning Code, of the North Liberty Municipal Code regarding the establishment of Food Pantries as accessory uses to Place of Worship.  Kuhl wanted to have the second sentence in Section One, Item 1, to read as follows: [FOOD PANTRY is a public or private nonprofit establishment that distributes food, clothing, personal care items, household supplies and related other commodities].  After discussion, the vote was: ayes: Chipman, Kuhl, Donahue, Hoffman, Wayson; nays—none.  Motion carried.
Donahue moved, seconded by Kuhl to approve the first consideration of Ordinance Amendment Number 10-09, An Ordinance Amending Sections 307 and 1606, and various use tables, Title 17, Zoning Code, of the North Liberty Municipal Code regarding the establishment of Food Pantries as accessory uses to Places of Worship.  After discussion, the vote was: ayes—Chipman, Kuhl, Donahue, Hoffman, Wayson; nays—none.  Motion carried.

OLD BUSINESS:  Kuhl wanted to follow up on a previous discussion that the council had on sump pump back-ups at the last meeting.  Heiar told the Council that it is on the next staff meeting agenda.
Mayor Salm would like to get a policy on e-mails that are exchanged between council members and the public.  He feels some should be part of the public record.  Council is going think about it and will be prepared to talk about it at a later date.
Kuhl attended a reception for the new Iowa City School Superintendent.
Adjournment.  Kuhl moved, seconded Donahue to adjourn the meeting at 8:25 p.m.  The vote was: Chipman, Kuhl, Donahue, Wayson, Hoffman; nays—none.  Motion carried.

Joint Meeting
Johnson County Board of Supervisors
City of Iowa City
City of Coralville
City of North Liberty
Iowa City Community School Board
Wednesday, June 30, 2010
North Liberty Community Center

Minutes

Introductions.  Elected officials present: Johnson County Supervisors – Janelle Rettig, Rod Sullivan, Terrence Neuzil, Pat Harney, Sally Stutsman; City of Iowa City -  Ross Wilburn, Matt Hayek, Terry Dickens, Susan Mims, Regenia Bailey, Elliott Higgins; City of Coralville – , Jim Fausett, Bill Hoeft; City of North Liberty – Tom Salm, Gerry Kuhl, Coleen Chipman BrianWayson; Iowa City Community School Board – Patti Fields, Tuyet Dorau; and city of Tiffin – Royce Phillips.

Others present included Dale Helling, Ryan Heiar, Ellen Habel, Rick Fosse, Marian Karr, Nick Bergus, John Yapp, Andy Johnson and other interested parties.

Redistricting Summary. (ICCSD).  School Board member Fields presented an update regarding the year of redistricting.  A third high school of some fashion will be constructed when the sixth grade class reaches 925-950 students.  Garner Elementary is opening this fall.  In 2012, students that attend Lincoln and Hills Elementary will attend City High unless they have siblings at West High or are already students at West. Camp Cardinal Road school boundaries will be determined in the next year. A committee regarding elementary equity has been formed. A committee regarding the repurposing of Roosevelt Elementary has been created.  The opening of the Camp Cardinal school has been put off one year.

Incoming Superintendent. (ICCSD)  Superintendent Plugge’s last day was last Friday.  Superintendent Steve Murley  starts tomorrow.  On July 13, 2010, a welcome reception will be held at the Central Administration Office from 4 – 6 p.m.

Summer Programming for at Risk Children. (ICCSD)  Pearson and ACT put together a pilot program for this summer.  Roosevelt, Kirkwood, Grant Wood and Twain were all included in the pilot for summer programming and transitioning back to school in the fall.

North Liberty Road. (Johnson County)  Supervisor Stutsman stated that North Liberty Road north of Dubuque Street needs to be upgraded.  She asked if there would be any cooperation from North Liberty to address the road.  It is the County’s policy to not upgrade roads when they abut a city.  Mayor Salm reported that the city’s street plan considers this an arterial. There are no City plans to upgrade the road at this time.  Stutsman asked if there could be a cooperative effort between the City and County to upgrade the road like Oakdale Boulevard with Coralville.  Salm asked Stutsman to contact Ryan Heiar to begin the conversation.  Neuzil stated it looked like there was some progress with North Liberty and Coralville coming up with a fringe area agreement.  John Yapp of JCCOG was asked about the study of the roadway (south of Dubuque Street). Yapp reported that the data was all gathered, but JCCOG is waiting for the settlement of the annexation issue for determination of development density.  The School Board was asked about the building of an elementary.  The School owns the land, but does not have plans to develop.  If the school is not built, the land can go back to the Scanlons.  A County resident presented the elected officials with census and traffic volume information and asked for the City of North Liberty to participate in the upgrade of the roadway.

Consideration of joint purchasing for local governmental entities. (Johnson County). Supervisor Sullivan reported that Linn County has a purchasing manager on staff that makes bulk purchases for several entities.  He asked if there was interest in pursuing joint purchasing in Johnson County.  State contracts were discussed. Expansion to all communities in Johnson County was presented.  Iowa City School District and the City of Iowa City both expressed interest.  Sullivan encouraged any other interested entity to contact him.

Justice Center update. (Johnson County). Supervisor Neuzil presented a Justice Center update.  The County is looking to acquire property adjacent to the existing courthouse to construct a new Justice Center, courthouse and jail, that would be connected either on the side or behind.  Over 200 inmates are the responsibility of Johnson County each day.  Of that 200, 116 are housed out of county.  The cost is $4,700 per day or $1.735 million per year.  The county is composing a committee of police, elected officials, and staff to put together a plan for the Justice Center.

TIGER II grant for trails. (Johnson County).  Supervisor Rettig indicated the County is interested in creating a bicycle trail from Coralville through Tiffin to Kent Park and eventually to the Iowa County line.  The County is working with JCCOG and Sherri Proud (Coralville) to draft a TIGER II grant application for funds to construct the trail halfway to Kent Park on land already owned/available to Coralville, Tiffin and Johnson County.  She reported that for every $1 spent installing trails, the immediate economic impact is a $3 return.  Iowa City is a Bronze in Bike Friendly Communities. Coralville is applying this year. Councilor Wilburn thanked the Supervisors for expanding the trail system. With the connection to Linn County, Johnson County trails will be a part of the Cedar Valley Trail system.

Joint Emergency Communications Center update. (Johnson County).  Supervisor Harney reported that the JECC is operational.  There are glitches that are being worked out. The entire system will be fully functional and operational in October.  The Chamber’s Local Government Affairs committee will be meeting there on 2nd Tuesday of July at 7:30 a.m. Small tours with notice can be provided. With the new system, storm sirens will be tested on the first Wednesday of each month instead of Monday.

Next Meeting Date & Host.  Iowa City will host the next meeting on October 20, 2010 at 4:30 p.m.   The group discussed expanding the group to include the Clear Creek Amana School Board and Tiffin.

Adjourn.  The meeting was adjourned at 5:30 p.m.

Minutes
North Liberty City Council
June 22, 2010
Regular Session

Call to order.  At 7:00 p.m., Mayor Salm called the June 22, 2010 Regular Session of the North Liberty City Council to order. Council members present: Chipman, Donahue, Hoffman, Kuhl, Wayson; absent – none.

Others present:  Ryan Heiar, Tracey Mulcahey, Scott Peterson, Kevin Trom, Dean Wheatley, Erika Harper, Jim Warkentin, Cheryle Caplinger, Bill Mausser, Mary Poggenpohl and other interested citizens.

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

Consent Agenda. Donahue moved, Kuhl seconded to approve the Consent Agenda including the City Council Minutes, Regular Meeting, June 8, 2010; the attached list of Claims; and May Revenues. After discussion, the vote was: ayes – Hoffman, Chipman, Wayson, Kuhl, Donahue; nays – none. Motion carried.

Public Comment.  Mary Poggenpohl, 3150 W. Hauer Drive (Chipman Subdivision), spoke regarding Friday night’s rain. She had 30 feet of water 18-24 inches deep of water up her lane. She stated that this happens 3 to 4 times per year and that somebody needs to do something to keep them from getting flooded out.  

City Attorney Report.  City Attorney Peterson offered to answer any questions council might have.

City Engineer Report. City Engineer Trom reported that construction projects are progressing slowly due to all the rain.  Councilor Chipman offered concerns due to current rain issues. Council discussed storm water issues and controls relating to Jones Boulevard, Harvest Estates 2, and in general throughout the City.

City Administrator Report.  City Administrator Heiar presented information regarding the following items:
•    Budget summary packet for FY 11 was distributed. This is a good reference tool throughout the year.
•    Next Wednesday is the Joint Meeting with Coralville, Iowa City, Johnson County and the Iowa City Community School District at 4:30 p.m. at the North Liberty Conference Center.
•    City Hall will be closed on Monday, July 5 for the 4th of July holiday.
•    Staff is working toward upcoming bond sales for upcoming fiscal year.
•    Heiar presented the 2009 Census estimate. The population is estimated at 12,210, a 5.6% growth from 2008 estimate.  The City has had 127% growth in past decade making us the 3rd fastest growing in Iowa.
•    Codification is moving along. Iowa Codification is waiting on final clarifications from us.  

Mayor Report.  Mayor Salm reiterated that with all the water problems that have been happening with all the rainfall, the City is collecting data and examining issues and asking people for patience in dealing with issues.  Staff is trying to do what we can to work on issues.

Blues and BBQ Report.  Cheryle Caplinger presented a report on the 2010 Blues and BBQ event. She estimated approximately 6,400 attendees. Next year’s event is scheduled for May 29, 2011.    

Board/Commission Appointments.
Mayor is recommending to reappoint incumbents to Board and Commissions and interviewing additional applicants for the July 13 meeting. At the first meeting in July, the Mayor will offer a list of recommendations for the remaining vacancies.

Kuhl moved, Hoffman seconded to approve the following appointments:  Cory Frost, Planning and Zoning;  Seth Anderson, Planning & Zoning;  Dan Skemp, Parks & Recreation; Virginia Combs, Tree & Storm Water;  Cindy Diouf, Library;  Joseph Wagner, Telecommunications; and  Rob Hajek, Board of Appeals. After discussion, the vote was: ayes – Chipman, Wayson, Donahue, Kuhl, Hoffman; nays – none. Motion carried.

Johnson County Sheriff Contract.  Wayson moved, Chipman seconded to approve Resolution Number 10-87, A Resolution approving the agreement between Johnson County, Iowa and North Liberty, Iowa regarding police protection services. After discussion, the vote was: ayes – Wayson, Hoffman, Kuhl, Donahue, Chipman; nays – none. Motion carried.

Priority One.  Hoffman moved, Wayson seconded to approve Resolution Number 10-88, A Resolution approving the City of North Liberty’s Investment in Priority One Economic Development. Donahue moved to amend the motion to include that the commitment will be made after positive reports each year to Council. The vote on the amendment to the motion was: ayes – Donahue, Chipman, Hoffman, Kuhl, Wayson. Motion carried.  After discussion, the vote on the motion was: ayes – Donahue, Chipman, Hoffman, Kuhl, Wayson; nays – none. Motion carried.

Building Code Amendments. Hoffman moved, Wayson seconded to approve the third consideration and adoption of Ordinance Number 10-05, An Ordinance amending Title 15 of the North Liberty Municipal Code entitled, “Buildings and Construction” by repealing Chapter 15 and adopting in lieu thereof new Chapter 15.01 to adopt the 2009 International Residential Code to be utilized by the City of North Liberty, Iowa.  The vote was: ayes – Kuhl, Hoffman, Wayson, Chipman, Donahue; nays – none. Motion carried.

Chipman moved, Wayson seconded to approve the third consideration and adoption of Ordinance Number 10-06, An Ordinance amending Title 15 of the North Liberty Municipal Code entitled, “Buildings and Construction” by repealing Chapter 15 and adopting in lieu thereof new Chapter 15.01 to adopt the 2009 International Fire Code to be utilized by the City of North Liberty, Iowa.  The vote was: ayes – Hoffman, Donahue, Chipman, Wayson, Kuhl; nays – none.  Motion carried.

Water Rate.  Hoffman moved, Donahue seconded to approve the third consideration and adoption of Ordinance Number 10-07, An Ordinance amending Chapter 13.08, entitled “Water Rates and Charges,” of the Municipal Code of North Liberty by repealing Section 13.08.030, “Rates and Charges Established,” and adopting in lieu thereof  a new Section 13.08.03 to increase the charge for water consumed.  The vote was: ayes – Donahue, Kuhl, Wayson, Chipman, Hoffman; nays – none. Motion carried.

Telecommunications Commission Amendment.  At 7:40 p.m., Mayor Salm opened the public hearing regarding proposed amendment to the Telecommunications Commission meeting requirements. Caplinger presented that the Commission recommended to meet quarterly rather than monthly.  The public hearing was closed.

Chipman moved, Kuhl seconded to approve the first consideration of Ordinance Number 10-08, An Ordinance amending Chapter 2.22, entitled “Telecommunications Commission,” of the North Liberty Municipal Code by amending section 2.22.070 to revise meeting frequency. The vote was: ayes – Wayson, Donahue, Kuhl, Hoffman, Chipman; nays – none. Motion carried.

Scales Bend Road Project.  Donahue moved, Kuhl seconded to approve Resolution Number 10-89, A Resolution Approving a Contract between the City of North Liberty and LL Pelling for the 2010 Scales Bend Improvement Project. After discussion, the vote was: ayes – Chipman, Kuhl, Hoffman, Donahue, Wayson; nays – none. Motion carried.

Forevergreen Road Project (West of Jones). Donahue moved, Hoffman seconded to approve Resolution Number 10-90, A Resolution Accepting Bid for the West Forevergreen Road Project.  After discussion, the vote was: ayes – Kuhl, Wayson, Donahue, Hoffman, Chipman; nays – none. Motion carried.

Salary Resolution. Hoffman moved, Kuhl seconded to approve Resolution Number 10-91, A Resolution authorizing Salaries and Hourly Wages for City Employees for the Fiscal Year of July 1, 2010 and through June 30, 2011.  After discussion, the vote was: ayes – Wayson, Donahue, Hoffman, Chipman, Kuhl; nays – none. Motion carried.

Tobacco Licenses.  Donahue moved, Chipman seconded to approve Resolution Number 10-92, A Resolution approving a renewal of Tobacco Licenses for the period of July 1, 2010 to June 30, 2011 for businesses in North Liberty, Iowa.  The vote was: ayes – Donahue, Chipman, Hoffman; nays – Wayson, Kuhl. Motion carried.

Audit Award. Hoffman moved, Wayson seconded to approve Resolution Number 10-93, A Resolution accepting the proposal from and awarding the Audit Services Contract to Greenwood and Crim, PC for fiscal years 2010, 2011, and 2012.  The vote was: ayes – Hoffman, Chipman, Wayson, Kuhl, Donahue; nays – none. Motion carried.

Dubuque Street Trail Project.  Chipman moved, Hoffman seconded to approve Resolution Number 10-94, A Resolution authorizing submission of an Enhancement Funds Application to the Iowa Department of Transportation and obligating the City of North Liberty to maintain the trail constructed with the funds.  The vote was: ayes – Kuhl, Wayson, Donahue, Hoffman, Chipman; nays – none. Motion carried.

Urban Renewal Area.   Mayor Salm opened the Public Hearing regarding Urban Renewal Amendment at 7:50 p.m.  No oral or written comments were received. The public hearing was closed.

Kuhl moved, Donahue seconded to approve Resolution Number 10-95, A resolution to declare necessity and establish an urban renewal     area, pursuant to Section 403.4 of the Code of Iowa and approve urban renewal plan amendment for the 2009 Addition to the North Liberty Urban Renewal Area.  The vote was: ayes – Wayson, Kuhl, Hoffman, Chipman, Donahue; nays –none. Motion carried.

Old Business.  None was offered.

New Business. Councilor Donahue suggested for further discussion including emergency sump pumps in new construction with the building code and pursuing small wind turbines for home usage.

Land Acquisition.  At 7:55 p.m., Kuhl moved, Chipman seconded to move into Closed Session under Iowa Code Section 21.5.1(j), to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property.  The vote was: ayes – Chipman, Wayson, Donahue, Kuhl, Hoffman; nays – none. Motion carried.

At 8:15 p.m., Chipman moved, Donahue seconded to return to open session. The vote was: ayes – Wayson, Kuhl, Hoffman, Donahue, Chipman; nays – none. Motion carried.

Land Acquisition.  At 8:16 p.m., Kuhl moved, Hoffman seconded to move into Closed Session under Iowa Code Section 21.5.1(j), to discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The vote was:  ayes – Kuhl, Donahue, Chipman, Hoffman, Wayson; nays – none. Motion carried.

At 8:40 p.m., Hoffman moved, Donahue seconded to return to open session.  The vote was: ayes – Donahue, Hoffman, Kuhl, Wayson, Chipman; nays – none. Motion carried.

City Administrator Evaluation.  At 8:40 p.m., Kuhl moved, Wayson seconded to move into closed session according to Iowa State Code Section 25.1.i, to evaluate the professional competency of an individual whose performance is being considered as requested by that individual. The vote was: ayes – Hoffman, Wayson, Chipman, Kuhl, Donahue; nays – none. Motion carried.

At 9:00 p.m., Donahue moved, Hoffman seconded to return to open session.  The vote was: ayes – Kuhl, Donahue, Chipman, Wayson, Hoffman; nays – none. Motion carried.

Adjourn.  At 9:00 p.m., Kuhl moved, Wayson seconded to adjourn. All ayes. Meeting adjourned.

Minutes
North Liberty City Council
June 8, 2010
Regular Session

Call to order.  At _ p.m., Mayor Salm called the June 8, 2010 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, Erika Harper, Glen Siders, Duane Olney, Bryan Hardin, Tom Palmer, Doug Lindner, Gigi Wood, Bill Mausser, Mike Evans, Nathan Legue and other interested parties.

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

Consent Agenda. Hoffman moved, Wayson seconded to approve the Consent Agenda including City Council Minutes, Regular Meeting, May 25, 2010; the attached list of Claims; the Liquor License Renewal for Yang Chow Wok-Class C liquor license with Sunday Sales endorsement; Liquor License Application for a Class C Liquor License (LC) (Commercial) for an event at Southslope on July 24, 2010; Cherry Street Project Pay Request Number 1 to Advanced Electrical Services for $26,496.52; and Cherry Street Project Pay Request Number 2 to Advanced Electrical Services for   $61,577.54.  After discussion, the vote was: ayes – Kuhl, Chipman, Hoffman, Wayson, Donahue; nays – none. Motion carried.

Public Comment.  No public comments were brought forward.  

City Attorney Report. City Attorney Peterson had no report to offer tonight.

City Engineer Report. City Engineer Trom reported on the following projects:  
•    Forevergreen Road Project.  The contractor is  continuing storm sewer work. Subgrade stabilization of the roadway bed will be starting soon.  The contractor has used 20 ½ days of the allotted 95 work days
•    Scales Bend Road bids will be  considered tonight.
•    The Forevergreen Road project west of Jones Blvd. is scheduled for a public hearing tonight.
•    Staff is reviewing a report from JCCOG regarding Buford Garner pedestrian safety. Staff has draft report to come up with implementation and action plan.   Councilor Chipman asked if a representative from the school district is included. Heiar responded that not at this meeting. Staff is working through the report first.  The school will be included as appropriate in the future. Trom stated that the JCCOG report makes specific comments relating to internal traffic flow and signage on the school site.

City Administrator Report. City Administrator Heiar reported on the following items:
•    The City is working on a fiber project that will create a loop around Highway 965, Cherry Street, Forevergreen Road and Front Streets.  Heiar is working on budget numbers and tax rate impacts.
•    Heiar is assisting the Library with fundraising. He will provide an update soon on status of pledges.
•    Fun Days is starting this Thursday through Sunday. Staff helps throughout the weekend. The parade is Friday night and fireworks are Sunday night.
•    Chipman asked if relating to the fiber project information could be provided in the blog on our website explaining what we are doing and why.  Heiar has been discussing other blogging topics.

Mayor Report.  Mayor Salm reported on the following:
•    The City completed a successful Blues/BBQ event.  
•    Fun Days is this weekend.
•    The Iowa League of Cities Annual Conference is in Coralville, September 22-24. He encouraged all to attend. Councilor Hoffman indicated that there will be tours of the WWTP. Heiar stated that even though it is a  2 ½ day event, all can sign up for parts of the event.

Building Code Amendments.  Donahue moved, Hoffman seconded to approve the second consideration of Ordinance Number 10-05, An Ordinance amending Title 15 of the North Liberty Municipal Code entitled, “Buildings and Construction” by repealing Chapter 15 and adopting in lieu thereof new Chapter 15.01 to adopt the 2009 International Residential Code to be utilized by the City of North Liberty, Iowa.  The vote was: ayes –Wayson, Donahue, Hoffman, Chipman, Kuhl; nays – none. Motion carried.

Chipman moved, Wayson seconded to approve the second consideration of Ordinance Number 10-06, An Ordinance amending Title 15 of the North Liberty Municipal Code entitled, “Buildings and Construction” by repealing Chapter 15 and adopting in lieu thereof new Chapter 15.01 to adopt the 2009 International Fire Code to be utilized by the City of North Liberty, Iowa.  The vote was: ayes – Hoffman, Kuhl, Chipman, Donahue, Wayson; nays – none. Motion carried.

FY 10 Budget Amendment. At 7:13 p.m., Mayor Salm opened the Public Hearing regarding proposed FY 10 Budget Amendment. No oral or written comments were received.  The public hearing was closed.

Donahue moved, Kuhl seconded to approve Resolution Number 10-73, A Resolution Approving the FY 10 City Budget Amendment and Certification.  The vote was: ayes – Chipman, Wayson, Donahue, Kuhl, Hoffman; nays – none. Motion carried.

Autumn Ridge, Part 2. Hoffman moved, Kuhl seconded to approve Resolution Number 10-74, A Resolution Approving the Final Plat of Autumn Ridge, Part 2, North Liberty, Iowa. The vote was: ayes – Wayson, Hoffman, Kuhl, Donahue, Chipman; nays – none. Motion carried.

Hoffman moved, Kuhl seconded to approve Resolution Number 10-75, A Resolution Approving  the Stormwater Management Facility Maintenance Agreement and Easement between  the City of North Liberty and Autumn Ridge Partners, LC that establishes the terms and conditions under which Autumn Ridge, Part Two storm water management facilities will be maintained in the City of North Liberty, Iowa. The vote was: ayes – Hoffman, Chipman, Donahue, Kuhl, Wayson; nays – none. Motion carried.

Kuhl moved, Chipman seconded to approve Resolution Number 10-76, Developer’s Agreement between the City of North Liberty and Autumn Ridge Partners, LC that establishes the Terms and Conditions under which Autumn Ridge, Part Two will be developed in the City of North Liberty, Iowa.  The vote was: ayes – Donahue, Wayson, Kuhl, Chipman, Hoffman; nays – none. Motion carried.

Cedar Springs, Part 10. Donahue moved, Wayson seconded to approve Resolution Number 10-77, A Resolution Approving the Final Plat of Cedar Springs, Part 10, North Liberty, Iowa.  The vote was: ayes – Chipman, Hoffman, Wayson, Kuhl, Donahue; nays – none. Motion carried.

Olney Electric Site Plan. Heiar presented the staff report regarding Olney Electric Site Plan Application.  Olney offered to answer any questions.  Mausser reported that the Commission recommended approval with no conditions.  Councilor Kuhl asked if the two buildings would have any variation. Olney responded that they were planned to be the same in materials and colors and would be compatible in color to adjacent developments.

Donahue moved, Hoffman seconded to approve Resolution Number 10-78, A Resolution Approving the Commercial Development Site Plan for Auditor’s Parcel Number 2005035, North Liberty, Iowa.  The vote was: ayes – Hoffman, Kuhl, Donahue, Wayson, Chipman; nays – none. Motion carried.

Liberty Medical & Commerce, Part 2 Preliminary and Final Plat.  Heiar provided information regarding Liberty Medical and Commerce Preliminary and Final Plat Applications. Mausser reported that the Commission recommended approval with no conditions.  Councilor Kuhl asked about site plans. Heiar indicated that staff is working with Gary Watts/Prime Ventures on Lot 1.  

Hoffman moved, Wayson seconded to approve Resolution Number 10-79, A Resolution Approving the Preliminary Plat of Liberty Medical and Commerce, Part 2, North Liberty, Iowa.  The vote was: ayes – Donahue, Chipman, Kuhl, Wayson, Hoffman; nays – none. Motion carried.

Chipman moved, Wayson seconded to approve Resolution Number 10-80, A Resolution Approving the Final Plat of Liberty Medical and Commerce, Part 2, North Liberty, Iowa. The vote was: ayes – Kuhl, Hoffman, Wayson, Chipman, Donahue; nays – none. Motion carried.

Water Rate.  Kuhl moved, Hoffman seconded to approve the second consideration of Ordinance Number 10-07, An Ordinance amending Chapter 13.08, entitled “Water Rates and Charges,” of the Municipal Code of North Liberty by repealing Section 13.08.030, “Rates and Charges Established,” and adopting in lieu thereof  a new Section 13.08.03 to increase the charge for water consumed.   After discussion, the vote was: ayes – Hoffman, Wayson, Chipman, Donahue, Kuhl; nays – none. Motion carried.

Scales Bend Road Project.  Donahue moved, Chipman seconded to approve Resolution Number 10-81, A Resolution Accepting Bid from LL Pelling for the Scales Bend Road Improvement Project.  After discussion, the vote was: ayes – Chipman, Kuhl, Donahue, Wayson, Hoffman; nays – none. Motion carried.

Forevergreen Road Project (West of Jones). At 7:24 p.m., Mayor Salm opened the public hearing regarding plans, specifications, form of contract and estimate of cost for the West Forevergreen Road Project.  Councilor Hoffman asked about the length of time the project will require. Trom responded that the project must be completed by August 6, but will only take three days to complete.  One lane will always be open to local traffic.  The public hearing was closed.

Donahue moved, Kuhl seconded to approve Resolution Number 10-82, A Resolution approving plans, specifications, form of contract and estimate of cost for the West Forevergreen Road Project.  The vote was: Donahue, Wayson, Hoffman, Kuhl, Chipman; nays- none. Motion carried.

Compassion for Awareness, Remembrance and Education (C.A.R.E.) 5k and 10k.  Chipman moved, Hoffman seconded to approve Resolution Number 10-83, A resolution authorizing the use of City Streets for the 2010 C.A.R.E. 5k and 10k.  The vote was: ayes – Wayson, Hoffman, Kuhl, Chipman, Donahue; nays – none. Motion carried.

City Hall Land Acquisition. Hoffman moved, Wayson seconded to approve Resolution Number 10-84, A Resolution Approving and Ratifying the Purchase of Parcel Number 0612411010 from Lori Stahl. After discussion, the vote was: ayes- Hoffman, Kuhl, Chipman, Donahue, Wayson; nays –none. Motion carried.

Chipman moved, Wayson seconded to approve Resolution Number 10-85, A Resolution Approving and Ratifying the Purchase of Parcel Number 0612412007 from Yetley Real Estate LLC. The vote was: ayes – Kuhl, Chipman, Donahue, Wayson, Hoffman; nays – none. Motion carried.

Urban Renewal Area.  Kuhl moved, Hoffman seconded to approve Resolution Number 10-86, A Resolution setting the date for public hearing on designation of the expanded North Liberty Urban Renewal Area and on urban renewal plan amendment.  The vote was: ayes – Chipman, Donahue, Wayson, Hoffman, Kuhl; nays – none. Motion carried.

Old Business.  Councilor Kuhl reported that he attended the farewell reception for Superintendent  Lane Plugge last Wednesday. Another one is being held tomorrow sponsored by the school district.

New Business. Councilor Chipman is a member of the legislative policy committee for the Iowa League of Cities. She requested that anyone that has items for consideration to forward to her prior to the committee meeting on June 23.

Mayor Salm  reported that the JECC Open House is on June 19 from 1-3 p.m.

Councilor Kuhl reported on the JCCOG subcommittee regarding ECICOG funding. Kuhl was appointed to the JCCOG bylaw rewrite agreement with Mayor Royce Phillips and County Supervisor Janelle Rettig.  

City Engineer Evaluation.  At 7:34 p.m., Chipman moved, Wayson seconded to move into closed session according to Iowa State Code Section 25.1.i, to evaluate the professional competency of an individual whose performance is being considered as requested by that individual.  The vote was: ayes – Donahue, Wayson, Hoffman, Kuhl, Chipman; nays – none. Motion carried.

At 7:40 p.m. Kuhl moved Chipman seconded to return to open session. The vote was: ayes – Wayson, Hoffman, Kuhl, Chipman, Donahue; nays – none. Motion carried.

City Attorney Evaluation. At 7:42 p.m., Hoffman moved, Kuhl seconded to move into closed session according to Iowa State Code Section 25.1.i, to evaluate the professional competency of an individual whose performance is being considered as requested by that individual.  The vote was: ayes – Hoffman, Kuhl, Chipman, Donahue, Wayson; nays – none. Motion carried.

At 7:55 p.m., Chipman moved, Kuhl seconded to return to open session. The vote was: ayes – Kuhl, Chipman, Donahue, Wayson, Hoffman; nays – none. Motion carried.

Adjourn. At 7:55 p.m., Chipman moved, Kuhl seconded to adjourn. All ayes. Meeting adjourned.

Minutes
North Liberty City Council
May 25, 2010

Call to order.  At _ p.m., Mayor Tom Salm called the May 25, 2010 Regular Session of the North Liberty City Council.  Council members present: Chipman, Donahue, Hoffman, Kuhl, Wayson.

Others present: Ryan Heiar, Tracey Mulcahey, Dean Wheatley, Scott Peterson, Kevin Trom, Erika Harper, Stephen Schmidt, Cheryle Caplinger, Tom Palmer, Alan Marks, Alison Werner-Smith and other interested parties.

Approval of the Agenda.  Chipman moved, Kuhl 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, Regular Meeting, May 11, 2010; the attached list of Claims; April Revenues; Liquor License Renewal, Cigarette Outlet, Class E Liquor with carryout beer & wine and Sunday sales endorsements; Liquor License Application, North Liberty Jaycees Special Class C Liquor License (Beer and wine) with outdoor service and Sunday Sales endorsements, Forevergreen Road Project Change Order # 1, $110,730, Metro Pavers.  After discussion, the vote was: ayes – Donahue, Kuhl, Chipman, Wayson, Hoffman; nays – none. Motion carried.

Public Comment.  No public comment was offered.    

City Attorney Report.  City Attorney Peterson will present the legislative update at either the second meeting in June or the first meeting in July. He asked council to let him know if there are items of interest from the last session.

City Engineer Report.  City Engineer Trom reported on the following:
•    Forevergreen Road Project. Work is progressing. All utilities have been relocated and reactivated. The temporary road has been installed. Sanitary sewer installation was completed today. The contractor has started on storm sewer.  The work is progressing west from Highway 965. The progress meeting is scheduled for tomorrow.
•    West Forvergreen Road Sealcoat.  Staff is working to get bid documents  for this project.  The extent will be from Colony Campground west to the west side of Covered Bridge Road. The contract will be awarded at the second meeting in June. The road will be open to local traffic at all times, but closed to through traffic. City staff will install gravel shoulders.
•    Scales Bend Road Project. The public hearing will be held tonight. The bids will be considered at the first Council meeting in June.  The extent of the project will be from Highway 965 to Pheasant Lane. The project is an asphalt mill and overlay.

City Administrator Report.  City Administrator Heiar reported on the following items:
•    The Highway 965 preconstruction meeting will be this week for phase 1.
•    Cherry Street foundations, for the stoplights, were poured yesterday.
•    A developer has submitted a site plan for Liberty Medical & Commerce.  Staff will share information when the application is considered by the Planning Commission in July.
•    The Employee Recognition & Rally Group is reviewing different options for employee recognition and morale.  Staff is in the process of updating the employee handbook. Heiar is proposing some of the suggested ideas that are non monetary “incentives” for employees.  The amended handbook will be considered by council at the end of June. The group is looking at establishing some sort of awards banquet for staff recognition.
•    The Telecommunications Commission is not meeting in June.  
•    City Hall will be closed Monday, May 31 for the Memorial Day holiday.

Mayor Report.  Mayor Salm proclaimed May as Building Safety Month. He presented certificate to Tom Palmer.  

Harvest Estates, Part 2 Discussion.  Mayor Salm introduced this item stating that Council is being asked for direction for staff and Midwest Development regarding Harvest Estates, Part 2.  City Administrator Heiar and City Planner Wheatley presented the recommendation to amend the original staff report to require the preliminary plat with the final reading of the rezoning.  They recommend that the plat be allowed to be considered after the zoning is completed.  Council spoke regarding their opinions regarding the third consideration of the proposed zoning and the timing of that consideration.  The developer’s attorney, Allison Werner-Smith and the developer, Alan Marks, both spoke regarding their concerns to date with the process. The consensus of the Council was to authorize the separation of the consideration of the preliminary plat and third consideration of the rezoning. The third consideration of the rezoning will be held at the July 13, 2010 Council meeting.

Building Code Amendments.  At 8:00 p.m., Mayor Salm opened the public hearing regarding proposed amendments to Building Codes. Tom Palmer, Building Official, thanked the Board of Appeals for all of their work on the Building Code. He reported that there were low turnouts at all Board of Appeals meetings except for homebuilders on sprinkling single family homes.  The sprinkler requirement in single family codes has been dropped out of this revision. It will be revisited in 2011 code. The public hearing was closed.

Hoffman moved, Wayson seconded to approve the first consideration of Ordinance Number 10-05, An Ordinance amending Title 15 of the North Liberty Municipal Code entitled, “Buildings and Construction” by repealing Chapter 15 and adopting in lieu thereof new Chapter 15.01 to adopt the 2009 International Residential Code to be utilized by the City of North Liberty, Iowa.  The vote was: ayes – Wayson, Chipman, Kuhl, Hoffman, Donahue; nays – none. Motion carried.

Chipman moved, Donahue seconded to approve the first consideration of Ordinance Number 10-06, An Ordinance amending Title 15 of the North Liberty Municipal Code entitled, “Buildings and Construction” by adopting a new Chapter 15.04 to adopt the 2009 International Fire Code to be utilized by the City of North Liberty, Iowa.   The vote was: ayes – Kuhl, Donahue, Hoffman, Chipman, Wayson; nays – none. Motion carried.

Water Rate. At 8:05 p.m., Mayor Salm opened the public hearing regarding proposed amendment to water consumption rates.  Councilor Kuhl spoke regarding why the rate increase is needed, which includes falling consumption and capital needs. Heiar presented the updated fund sheet in packet. Revenues are not coming in as projected. The Water Department is set to receive approximately 85% of projected revenues which will have an effect on the ending balance. Councilor Donahue presented information on water rates in different communities in Iowa.  The public hearing was closed.

Donahue moved, Chipman seconded to approve the first consideration of Ordinance Number 10-07, An Ordinance amending Chapter 13.08, entitled “Water Rates and Charges,” of the Municipal Code of North Liberty by repealing Section 13.08.030, “Rates and Charges Established,” and adopting in lieu thereof  a new Section 13.08.03 to increase the charge for water consumed.   After discussion, the vote was: ayes – Chipman, Hoffman, Donahue, Wayson, Kuhl; nays – none. Motion carried.

Transit Task Force Discussion.  Council discussed the size and composition of the committee.  Applications will be solicited from the community just like other boards and commissions.  Gender balance will be required.  The consensus was to create a seven person commission with two ex-officio members (City Councilors).  The personnel committee will review applications and make recommendations.  Applications will be available at Blues and BBQ.  The Task Force will meet for eight to ten months making recommendations to the Council at the end.

Fun Days. Chipman moved, Wayson seconded to approve Resolution Number 10-66, A Resolution Authorizing the use of Penn Meadows Park and city equipment for Fun Days and authorizing temporary street closings in connection with the Fun Days parade.  The vote was: ayes – Kuhl, Donahue, Wayson, Hoffman, Chipman; nays – none. Motion carried.

Lighting Retrofit Project. Donahue moved, Kuhl seconded to approve Resolution Number 10-67, A Resolution Approving the Agreement between the City of North Liberty and Interstate Power and Light Company (An Alliant Energy Company) for the Performance Edge Contract for Lighting Retrofit Projects at the Community Center, Police Department, and Fire Department Facilities, North Liberty, Iowa.  After discussion, the vote was: ayes – Donahue, Hoffman, Wayson, Chipman, Kuhl; nays – none. Motion carried.

Scales Bend Road Project.  At 8:24 p.m., Mayor Salm opened the public hearing regarding the proposed plans, specifications, form of contract and estimate of cost for the Scales Bend Road Project.  No oral or written comments were received. The public hearing was closed.

Donahue moved, Kuhl seconded to approve Resolution Number 10-68, A Resolution approving plans, specifications, form of contract and estimate of cost for the Scales Bend Road Project.  After discussion, the vote was: ayes – Hoffman, Chipman, Kuhl, Wayson, Donahue; nays – none. Motion carried.

Highway 965 Project.  Hoffman moved, Chipman seconded to approve Resolution Number 10-69, A Resolution approving the Residential Moving Expense Reimbursement Agreement between the City of North Liberty, Iowa and Danielle Callahan and Amanda Alexander. The vote was: ayes – Wayson, Kuhl, Chipman, Donahue, Hoffman; nays – none. Motion carried.

Kuhl moved, Hoffman seconded to approve Resolution Number 10-70, A Resolution Approving Contract Number 52-5557-615 between the City of North Liberty, Iowa and Metro Pavers, Inc. for the 2010 Highway 965 Improvement Project. The vote was: ayes – Chipman, Hoffman, Donahue, Kuhl, Wayson; nays – none. Motion carried.

Cedar Springs, Part 11. Hoffman moved, Wayson seconded to approve Resolution Number 10-71, A Resolution approving the installation of an additional street light in Cedar Springs, Part 11, according to the terms set forth in the existing street light contract.  The vote was: ayes – Donahue, Hoffman, Wayson, Kuhl, Chipman; nays – none. Motion carried.

Assessment Resolution.  Kuhl moved, Donahue seconded to approve Resolution Number 10-72, A Resolution authorizing the assessment of delinquent amounts owed to the City of North Liberty, Iowa to individual property taxes.  After discussion, the vote was: ayes – Hoffman, Chipman, Kuhl, Wayson, Donahue; nays – none. Motion carried.

Old Business.  No old business was presented.

New Business.  Councilor Kuhl presented an update on the JCCOG meeting that was held  last Wednesday.   As soon as minutes are available, they will be forwarded to Council from the  JCCOG board.  The Board is discussing representation on the JCCOG Board and ECICOG Board.   The City was awarded funding to complete trail through town on Dubuque Street to Front Street/Mehaffey Bridge Road.  Mayor Salm reported that the JCCOG Rural Policy Board was disbanded.

Mayor Salm reported that a JECC Joint Board meeting is scheduled on Friday, May 28 at  8 a.m. Items that will be discussed include 28E agreement adjustments and other  issues that have been growing over last few months.  

Property Acquisition.  At 8:30 p.m., Kuhl moved, Hoffman seconded to move into Closed Session according to Iowa State Code Section 21.5(1)j “To discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property.”  The vote was: ayes – Kuhl, Wayson, Donahue, Chipman, Hoffman; nays – none. Motion carried.

At 9:09 p.m., Chipman moved, Hoffman seconded to return to open session. The vote was: ayes – Wayson, Donahue, Chipman, Hoffman, Kuhl; nays –none. Motion carried.

Adjournment. At 9:10 p.m., Kuhl moved, Wayson seconded to adjourn. All ayes. Meeting adjourned.

Minutes
North Liberty City Council
May 11, 2010
Regular Session

Call to order. At 7:00 p.m., Mayor Salm called the May 11, 2010 Regular Session of the North Liberty City Council to order. Council members present:  Chipman, Donahue, Hoffman, Kuhl, Wayson.

Others present:  Ryan Heiar, Scott Peterson, Kevin Trom, Dean Wheatley, Tracey Mulcahey, Erika Harper, Alan Marks, Adam Bohr, Tina Dubois, Rich Nichols, Jim Seelman, Merrill Smalley, Bev Seelman, Cheryle Caplinger and other interested citizens.

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

Consent Agenda. Hoffman moved, Wayson seconded to approve the Consent Agenda including the following items: City Council Minutes, Regular Meeting, April 27, 2010; the attached list of Claims; Liquor License Application, Liberty Centre Blues & BBQ, Class B Beer with Outdoor Sales and Sunday Sales Endorsements; Liquor License Renewal,  Casey’s General Store #2479 – 625 W. Zeller Street, Class C Beer Permit with Sunday Sales Endorsement; Liquor License Renewal,  Corridor Ventures, Class E Carryout beer-wine-Sunday Sales endorsement; Liquor License Application, and CMD Investments – Event at Southslope on 06/18/10.  The vote was: ayes – Donahue, Kuhl, Chipman, Wayson, Hoffman; nays – none. Motion carried.

Public Comment.  Tina Dubois Director of the North Liberty Food and Clothing Pantry presented information regarding the past year at the Pantry.  A public open house is scheduled for Wednesday, May 19 from 3-7 p.m. at the pantry.  Councilor Kuhl asked about limited public transportation comment included in the report. Dubois reported that of the 10% sample of families surveyed, 28% ride their bikes or get rides to the pantry.

Rich Nichols of Hauer Drive inquired about the size of lots that are planned to be zoned RS-4 on Jones Blvd and 270th versus the size of lots adjacent to West Hauer Drive. He asked about berm and design for proposed landscape buffer.

Jim Seelman, 2790 Kansas Avenue, spoke about the statement that was made that no one could find evidence of agreements.  He expressed that with the revisions made at the last meeting this application   needs to go back to Planning and Zoning Commission. He asked if his agreement is in place and valid and whether there are agreements with other land owners.

Merrill Smalley expressed concerns with water run-off from the Harvest Estates 2 development.  He reported that the pond in Stoner development overflows every year due to lack of owner maintenance.  He stated that he sees the same thing happening with this development. He will not let the water come over his property and lower the value of his property, according to Iowa law.

Bev Seelman, 2790 Kansas Ave., agreed with what has been said. She stated that this is a complete change from what was reviewed by the Planning & Zoning Commission. As a result of the complete change, this item should be required to go back to the Commission.  With that return to the Commission, all property owners should be notified again and the process should begin from the beginning again. She encouraged Council to review tapes from five years ago.

City Attorney Report.  City Attorney Peterson had nothing special to report.

City Engineer Report. City Engineer Trom reported that the Forevergreen Road is under construction. He also reported that Shive-Hattery has begun survey work on the Jones Boulevard project.

City Administrator Report.  City Administrator Heiar reported on the following items:
•    The Scales Bend Road project plans are progressing.  The plan is to award the bid at June 8 meeting. The public hearing regarding the project will be held at the next meeting. The project will include a widened road of 4 feet. The goal is to have project complete before school starts. Staff plans to maintain communication with letters and through the website. $200,000 is the estimated project cost.
•    Heiar met with a staffer from Harkin’s office. TIGER 2 funding is coming up. The staffer encouraged us to partner with Coralville and submit another application for Highway 965 improvements.
•    Heiar is providing constant updates on street projects on the website and blogging a couple of times times per week.

Councilor Donahue asked about ditch work on Scales Bend.  Trom reported that the project will include an expanded two foot paved shoulder.  This is a maintenance project like Dubuque and other streets, not a major reconstruction.  Flaggers will be at all intersections. The road will be open to traffic.

Mayor Report. Mayor Salm reported that representatives from the City traveled to Des Moines to receive two awards from an engineering society for the Waste Water Treatment Plant and for the Penn Street/I380 Project.  
Mayor Salm read the Older American’s Month Proclamation for the month of May.

Board of Appeals Application.  Donahue moved, Hoffman seconded to approve the appointment of Mike Bails to the Board of Appeals. The vote was: ayes – Wayson, Hoffman, Chipman, Kuhl, Donahue; nays – none. Motion carried.

Harvest Estates, Part 2. The developer Alan Marks, Midwest Development, presented the revised rezoning exhibit for the development.  The overall density was lowered by about twenty-five units. He responded to the questions that were presented at public comment regarding berming, agreements, and returning the application to the Planning Commission.

Councilor Kuhl requested removing all the RD-10 zone and making it all RS-6.  Marks stated has gone through expense in redesigning based on the proposed compromise from the last meeting.

Peterson responded to the question about changes, if they are legal with having first reading go forward. The action taken at last meeting is appropriate and legal.

Wheatley spoke regarding the issue of multi-family. No multifamily in this development, rather 17 duplex lots. In North Liberty classifications, duplex are two units, multi-family is three or more units. Councilor Donahue responded that multifamily is perceived as being 2 or more units regardless of definition.
Councilor Hoffman asked about the size of lots along West Hauer Drive versus St. Andrews and Jones Blvd.  Wheatley reported that the lots vary in size from 0.29 to 0.48 acres.

Councilor Kuhl asked about water as it flows off field down Hauer Drive then on to golf course. He asked who is responsible if that becomes a problem. Trom stated that water issues should improve.  Councilor Wayson asked who is responsible if it does not consistently work.  Peterson responded that it is a joint responsibility.  Trom stated that a Stormwater BMP (Best Management Practices) agreement will be required.  Within that agreement, the City can spot check at any time.

Councilor Chipman wants to see all agreements, Smalley, Streb and Seelman, to make sure they are in place before the third consideration. Councilor Donahue stated that the issue of agreements comes up again and again, are they recorded or unrecorded. He gave the developer two weeks to produce them. These agreements go to personal and project credibility. He has to have agreements in hand.

Councilor Kuhl stated that he had water standing in ditch next to his house tonight that has never been a problem before. He is really concerned about the water issue. Mayor Salm spoke regarding storm water requirements.  Trom stated that Jones Boulevard is flat. The water is supposed to travel in ditch, with the undulation of the land, but due to the flatness some water stands.

Hoffman moved, Wayson seconded to approve the second consideration of Ordinance Number 10-04, An Ordinance amending the Zoning Ordinance to change the use regulations on property owned by Midwest Development Corporation, located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the RS-4, RS-6 and RD-10 Residential Districts. After discussion, the vote was: ayes – Hoffman, Wayson, Chipman; nays – Kuhl, Donahue. Motion carried.

Liberty Medical and Commerce.  Hoffman moved, Wayson seconded to approve the third consideration and adoption of Ordinance Number 10-03, An Ordinance amending the Zoning Ordinance to change the use regulations on property owned by LMC Investment Group, LC, located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the RM-12 Multi-Family Residential District.  After discussion, the vote was: ayes – Kuhl, Wayson, Chipman, Donahue, Hoffman; nays –none. Motion carried.

Tiffin Annexation Moratorium Agreement. Kuhl moved, Donahue seconded to approve Resolution Number 10-53, A Resolution Approving an Amended Agreement between the City of North Liberty and the City of Tiffin that sets forth the terms and condition of the annexation moratorium. After discussion, the vote was: ayes – Wayson, Donahue, Hoffman, Chipman, Kuhl; nays – none. Motion carried.

Highway 965, Part 1. Kuhl moved, Wayson seconded to approve Resolution Number 10-54, A Resolution Accepting the Bid from Metro Pavers for the 2010 Highway 965, Phase 1 Project.  After discussion, the vote was: ayes – Donahue, Chipman, Kuhl, Hoffman, Wayson; nays – none.

Donahue moved, Chipman seconded to approve Resolution Number 10-55, A resolution approving services agreement amendment number 1 between the City of North Liberty and McClure Engineering Company for services relating to Highway 965, Phase 1 Improvement Project, North Liberty, Iowa.  After discussion, the vote was: ayes – Chipman, Kuhl, Hoffman, Wayson, Donahue; nays – none. Motion carried.

Donahue moved, Wayson seconded to approve Resolution Number 10-56, A Resolution approving and ratifying the Purchase of a parcel of 0.49 from Holiday Mobile Lodge, Inc. After discussion, the vote was: ayes – Kuhl, Donahue, Hoffman, Wayson, Chipman; nays – none. Motion carried.

Cherry Street Intersection Project. Hoffman moved, Donahue seconded to approve Resolution Number 10-57, A resolution approving services agreement amendment number 2 between the City of North Liberty and McClure Engineering Company for services relating to Cherry Street Improvement Project, North Liberty, Iowa.  The vote was: ayes – Hoffman, Chipman, Wayson, Donahue, Kuhl; nays – none. Motion carried.

2010 Liberty Centre Blues and BBQ. Chipman moved, Hoffman seconded to approve Resolution Number 10-58, A Resolution authorizing the use of Liberty Centre Park and city equipment for Liberty Centre Blues and BBQ and authorizing a temporary street closing for the event.   The vote was: ayes – Chipman, Kuhl, Donahue, Wayson, Hoffman; nays – none. Motion carried.

FY 10 Budget Amendment. At 8:08 p.m., Mayor Salm opened the Public Hearing regarding proposed amendment to the FY 10 Budget. No oral or written comments were received. The public hearing was closed.

Kuhl moved, Donahue seconded to approve Resolution Number 10-59, A Resolution Approving the Amendment for the Current Budget for the Fiscal Year ending June 30, 2010. After discussion, the vote was: ayes – Donahue, Hoffman, Wayson, Kuhl, Chipman; nays – none. Motion carried.

Cedar Springs Streetlights.  Chipman moved, Hoffman seconded to approve Resolution Number 10-60, A Resolution approving the installation of streetlights in Cedar Springs, Part 10 according to the terms set forth in the existing street light contract. After discussion, the vote was: ayes – Hoffman, Wayson, Chipman, Kuhl, Donahue; nays – none. Motion carried.

Hoffman moved, Chipman seconded to approve Resolution Number 10-61, A Resolution approving the installation of streetlights in Cedar Springs, Part 11 according to the terms set forth in the existing street light contract.  The vote was: ayes – Wayson, Donahue, Kuhl, Hoffman, Chipman; nays – none. Motion carried.

Reimbursement Resolution.  Kuhl moved, Hoffman seconded to approve Resolution Number 10-62, A Resolution relating to the financing of certain proposed projects to be undertaken by the City of North Liberty, Iowa; establishing compliance with reimbursement bond regulations under the Internal Revenue Code.  After discussion, the vote was: ayes – Donahue, Kuhl, Hoffman, Chipman, Wayson; nays – none. Motion carried.

Assessment Resolution.  Kuhl moved, Donahue seconded to approve Resolution Number 10-63, A Resolution authorizing the assessment of delinquent amounts owed to the City of North Liberty, Iowa to individual property taxes. After discussion, the vote was: ayes – Chipman, Wayson, Hoffman, Kuhl, Donahue; nays – none. Motion carried.

West Village, Part 2.  Hoffman moved, Chipman seconded to approve Resolution Number 10-64, A Resolution Approving the Developer’s Agreement between the City of North Liberty and Robson Homes, Inc. that establishes the terms and conditions under which West Village, Part 2 will be developed in the City of North Liberty, Iowa. The vote was: ayes – Kuhl, Donahue, Wayson, Hoffman, Chipman; nays – none. Motion carried.

2010 Forevergreen Road Improvements Project.  Chipman moved, Wayson seconded to approve Resolution Number 10-65, A Resolution approving the Agreement between the City of North Liberty and Metro Pavers for the 2010 Forevergreen Road Improvements Project.   The vote was: ayes – Wayson, Hoffman, Donahue, Chipman, Kuhl; nays – none. Motion carried.

Transit.  Council discussed the diagram regarding transit. Council provided direction to staff to move forward with the Commission’s mission including the following:
•    Look at making the system more cost effective to serve the most people.
•    Stay within the current budget or find other funding streams to increase services.
•    How can the City most cost effectively use their current funds?
•    Have a plan in place for FY 12.

Adjourn.  At 8:30 p.m., Donahue moved, Kuhl seconded to adjourn. All ayes. Meeting adjourned.

Minutes
North Liberty City Council
April 27, 2010
Regular Session

Call to order. At 6:30 p.m., Mayor Salm called the Regular Session of the North Liberty City Council to order. Council members present:  Chipman, Donahue, Hoffman, Kuhl, Wayson.

Others present:  Ryan Heiar, Scott Peterson, Kevin Trom, Dean Wheatley, Tracey Mulcahey, Erika Harper, Joe Raso, Alan Marks, Bill Mausser and other interested persons.

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

Consent Agenda.  Kuhl moved, Hoffman seconded to approve the Consent Agenda including: City Council Minutes- Regular Meeting- April 13, 2010; City Council Minutes- Special Meeting- April 20, 2010; the attached list of Claims; Liquor License Application- Club 76 – Fun Days, Class B, Outdoor Service, Sunday Sales endorsements; Liquor License Renewal- LD Express, Class C Beer and Sunday Sales; Liquor License Renewal, Charlotte’s, Class C Liquor License with Carryout Wine, Carryout Wine, Catering Privilege, Outdoor Service, and Sunday Sales endorsements; Liquor License Application-  Al & Irene’s, Class B Beer and Wine Cooler License; ASR Well Project, WRH, Inc. Pay Application Number 6: $11,209.28; ASR Well Project, WRH, Inc. Pay Application Number 7: $65,210.26; and March Revenues. The vote was: ayes – Donahue, Wayson, Hoffman, Chipman, Kuhl; nays – none. Motion carried.

Public Comment.  Bev Seelman spoke regarding road construction projects.  She requested dust control on Kansas Avenue due to increased traffic.  She acknowledged that it is a county road, but it is not the county’s projects causing the increased dust issues.

City Attorney Report.  City Attorney Peterson had nothing significant to report at this time.

City Administrator Report. City Administrator Heiar reported on the following items:  
•    Spring clean up was Saturday morning. Heiar thanked Johnson County Refuse and city staff for all that they did for the event.
•    Regarding the Highway 965, Part 1 Project, three bids were received. Staff received the bid tabulation today.  The low bid was $2.54 million from Metro Pavers.  The engineer’s estimate was $3.46 million.  At the next meeting Council will consider the resolution awarding the bid and  contract to Metro Pavers. Since this is an IDOT project, so it takes a bit longer.
•    The preconstruction meeting for Forevergreen Road is scheduled for this The neighborhood meeting was held last week.  The project will be starting at the beginning of May. More details will be available after the preconstruction meeting.
•    The Cherry Street preconstruction meeting was held. The project will be starting this week.  The contractor will have 60 work days to complete the project.
•    Communication throughout projects is of great importance to staff. Heiar is working to ramp up communication with the public. The webpage dedicated to street projects is serving as the city’s homepage. Heiar will be blogging about the projects and status updates.
•    Mulcahey spoke regarding the Muddy Creek Clean Up day with North Central Jr. High.    
•    Regarding the fiber project that the school is doing, staff will be receiving an update in the next week or so.
•    Friends of the Library reception is scheduled for 7-8 Friday evening as a kick off to the fundraising campaign.

Councilor Kuhl asked about the possibility of having an additional city clean up day in the fall. City Administrator Heiar reported that overall, the amount being brought in has been reduced.  Heiar will consult with Don Colony and report back to Council.

Iowa City Area Development Group Presentation.  Joe Raso, Executive Director of the Iowa City Area Development Group, presented the organization’s annual report.

Mayor Report.  Mayor Salm will be attending the Rockwell Collins grant award ceremony on Friday.  

City Engineer Report.  City Engineer Trom reported on the Forevergreen Road project. The city has all l contract documents. The preconstruction meeting is set for Thursday. Press release will be issued when the road closure date is determined.

Councilor Kuhl asked how the closure of Forevergreen would impact Jones Blvd.  Trom reported that the  Jones Blvd. embargo will be lifted.  

Councilor Hoffman talked about the Kansas Avenue dust control request. He requested that Trom communicate with county to improve the grading on this road.  Heiar stated that Don Colony is in constant contact with the county roads dept.  Trom reported that the flyash contractor wants to do a test section in the county.  There is the potential for helping on that stretch of that road.

Harvest Estates, Part 2.  Wheatley made the staff Case presentation of Harvest Estates, Part 2 rezoning request.  

Bill Mausser presented the Zoning Commission Case presentation of Harvest Estates, Part 2 rezoning request. The Commission recommended approval with the following conditions
1.    That the final reading of the rezoning be held until the preliminary plat is ready for approval, so that final adjustments can be made to the zoning district legal descriptions based on the plat.
2.    That landscape plans are developed for the West Hauer Drive, Jones Boulevard, and St. Andrews Drive frontages for approval with the preliminary plat, so that drainage needs can be taken into consideration.
3.    That a 25% masonry requirement be enforced for the RS-7 zoned area to be consistent with the other subareas within the development.

Alan Marks and Doug Frederick offered the applicant’s presentation of Harvest Estates, Part 2 rezoning request.  Marks spoke regarding the process in arriving at this request.  
At 7:27 p.m., Mayor Salm opened the public hearing regarding rezoning request.  
•    Todd Tripp, 720 S. Jones Blvd. presented his concerns regarding the application. Before he moved here, there were similar types of meetings dealing with the rezoning of this property.  Agreement that this would be a certain type of zoning. Economic changes as cited by the developer are not cause for a request to amend on short notice a zoning condition.  Consider what was done five years ago.  
•    Kevin Watts who resides in the Chipman Subdivision expressed his concern  regarding landscaping and covenants to keep fences uniform and plantings to conceal outbuildings and boats that are stored on the properties.
•    Bernie Schiltz, 810 Jones Blvd., presented three issues – the incorporation of duplexes is not included in other parts of the city, requested the elimination of back yards facing Jones Blvd., and requested that the access coming off of Jones Blvd. be changed. He asked about the placement of the park.    
•    Rich Nichols, Chipman Subdivision, asked why the lots around their subdivision were not the same size as the lots on Jones Blvd and St. Andrews. reiterated fencing and landscaping requirements.
•    Cecilia Meyer, 845 St. Andrews Drive, spoke regarding the rezoning application. She supports bigger houses. The city is overwhelmed with duplexes.    
•    Bev Seelman, 2790 Kansas Avenue, spoke regarding the agreement from five years ago that they worked very hard on. She spoke regarding the impact on school.  She stated that this development will lower property values with multifamily development in the middle.  
•    Cindy Leveille, 855 St. Andrews Drive, asked what the percentage of single family vs. multifamily homes is in the City of North Liberty
•    Alan Marks, Midwest Development addressed the concerns of the speakers.  He reported that with the sale of park land to the City, the project has fewer lots. The developer has expended funds to create plat for council to see before the zoning is complete. Regarding the comments that this will devalue the neighborhood, he disagrees with that comment. His experience is that nice, high quality housing raises values in the neighborhood.

The public hearing was closed at 7:49 p.m.

Council and staff discussed the proposed rezoning request.

Donahue moved, Wayson seconded to approve the first consideration of Ordinance Number 10-04, An Ordinance amending the Zoning Ordinance to change the use regulations on property owned by Midwest Development Corporation, located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the RS-4, RS-6, RS-7 and RD-10 Residential Districts with amendments including reducing the amount of RD-10 lots and replacing the RS-7 and RD-10 with RS-6. After discussion, the vote was: ayes –Hoffman, Wayson, Chipman, Kuhl, Donahue; nays – none. Motion carried.

At 9:00 p.m., the City Council recessed.  At 9:10 p.m., the Council reconvened.

Liberty Medical and Commerce. Donahue moved, Wayson seconded to approve the second consideration of Ordinance Number 10-03, An Ordinance amending the Zoning Ordinance to change the use regulations on property owned by LMC Investment Group, LC, located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the RM-12 Multi-Family Residential District. After discussion, the vote was: ayes – Wayson, Chipman, Kuhl, Donahue, Hoffman; nays – none. Motion carried.

Corridor Commercial Part 2A, Lot 33 Commercial Development Site Plan.  Wheatley presented information regarding the Okoboji Grill Site Plan Application. The plan was recommended for approval by staff and considered at length by the Commission. Commission approved with note regarding constructing the roof to screen mechanicals.

Hoffman moved, Chipman seconded to approve Resolution Number 10-48, A Resolution Approving the Commercial Development Site Plan for Lot 33 and Part of Lot 38, Corridor Commercial Subdivision, North Liberty, Iowa. After discussion, the vote was: ayes – Chipman, Donahue, Kuhl, Hoffman, Wayson; nays –none. Motion carried.

Highway 965, Phase 1. At 9:25 p.m., Mayor Salm opened the Public Hearing regarding Plans, Specs, Form of Contract and Engineer’s Estimate. No oral or written comments were received. The public hearing was closed.

Donahue moved, Hoffman seconded to approve Resolution Number 10-45, A Resolution Approving the Plans, Specifications, Form of Contract and Estimate of Cost for the Highway 965 Improvements Project, Phase 1. The vote was: ayes – Kuhl, Wayson, Hoffman, Donahue, Chipman; nays – none. Motion carried.

Wayson moved, Donahue seconded to approve Resolution Number 10-46, A Resolution Approving and Ratifying the Purchase of a Parcel of 0.44 acres from Golfview Investors, LC. The vote was: ayes – Wayson, Donahue, Chipman, Hoffman, Kuhl; nays – none. Motion carried.

Aspen Ridge, Part 3.  Kuhl moved, Chipman seconded to approve Resolution Number 10-47, A Resolution Approving the Developer’s Agreement between the City of North Liberty and North Liberty Aspen Ridge, LLC that establishes the terms and conditions under which Aspen Ridge, Part 3 will be developed in the City of North Liberty, Iowa.  After discussion, the vote was: ayes – Hoffman, Donahue, Kuhl, Chipman, Wayson; nays – none. Motion carried.

Jones Boulevard Improvements. Donahue moved, Kuhl seconded to approve Resolution Number 10-49, A Resolution approving the Services Agreement between the City of North Liberty and Shive-Hattery, Inc. for services relating to Jones Boulevard Improvements, North Liberty, Iowa.  After discussion, the vote was: ayes – Donahue, Kuhl, Chipman, Wayson, Hoffman; nays – none. Motion carried.

Penn Street Turn Lane Improvements. Kuhl moved, Hoffman seconded to approve Resolution Number 10-50, A Resolution approving the Services Agreement between the City of North Liberty and Shive-Hattery, Inc. for services relating to Penn Street Turn Lane Improvements, North Liberty, Iowa.  After discussion, the vote was: ayes – Chipman, Hoffman, Kuhl, Wayson, Donahue; nays – none. Motion carried.

City Hall Property Purchases. Kuhl moved, Chipman seconded to approve Resolution Number 10-51, A Resolution Approving and Ratifying the Purchase of Parcel Number 0612411003 from Stephen J. Hirsch. After discussion, the vote was:  Kuhl, Donahue, Wayson, Hoffman, Chipman; nays – none.  Motion carried.

Hoffman moved, Wayson seconded to approve Resolution Number 10-52, A Resolution Approving and Ratifying the Purchase of Parcel Number 0612412008 from Aziz R. and Angela M. Longou. The vote was ayes – Donahue, Hoffman, Chipman, Wayson, Kuhl; nays – none. Motion carried.

Old Business.  Councilor Hoffman requested clarification regarding the price being paid for the Golfview property as a part of the Highway 965 Phase 1 Project. Heiar clarified the language in the agreement.  
Councilor Kuhl attended the volunteer recognition event at the Library.
Councilor Chipman asked City Attorney Peterson about the legality of changing the ordinance for Harvest Estates Rezoning.  Peterson stated that in the end the adjustments were made in response to council and public concerns. This was an adjustment rather than increasing density or changing zoning types. Since there are two additional considerations, it is all relative.

New Business. Councilor Wayson attended the Municipal Leadership Academy, Part 3 regarding financing & emergency management.

Adjourn. At 9:55 p.m., Wayson moved, Hoffman seconded to adjourn. All ayes. Meeting adjourned.

Minutes
North Liberty City Council
April 20, 2010
Work Session
Johnson County Emergency Communications Center

Call to order.  At 5:00 p.m., Mayor Salm called the work session of the North Liberty City Council to order at the Johnson County Emergency Communications Center.

Council members present: Chipman, Kuhl, Wayson; absent – Donahue, Hoffman. Others present: Ryan Heiar.

Approval of the Agenda.  Chipman moved, Wayson seconded to approve the agenda.  All ayes. Agenda approved.

Tour of the Johnson County Emergency Communications Center.  The group toured the newly constructed facility.

Adjourn.  Kuhl moved, Chipman seconded to adjourn. All ayes. Meeting adjourned.