PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF CORALVILLE, JOHNSON COUNTY, IOWA SUBJECT TO THE APPROVAL BY THE CORALVILLE CITY COUNCIL AT A SUBSEQUENT MEETING A Regular Meeting of the City Council of the City of Coralville, Johnson County, IA was held at City Hall, 1512 7th Street on Tuesday, May 27, 2008 with Mayor Jim L. Fausett presiding and was called to order at 7:00 P.M. The following Council Members were present: Herwig, Gill, Weihe, Lundell. Absent: Gross. The following staff were present: City Attorney Don Diehl, City Attorney Kevin Olson; City Administrator Kelly Hayworth; Asst. City Administrator Ellen Habel; City Engineer Dan Holderness; Building Official Jim Kessler; Finance Officer Terry Kaeding; Parks and Recreation Director Sherri Proud; Transit and Parking Director Vicky Robrock; Asst. Fire Chief Orey Schwitzer; Human Resource and Risk Manager Mike Funke; Telecommunications Director Ryan Wickstrom; Telecommunication Assistant Tim Busse; Telecommunication Assistant Eric Grimes; City Clerk Thorsten J. Johnson. Motion by Gill, seconded by Weihe to change the amount in item 17 aa in the agenda from $40,534.76 to $30,534.76 and approve the agenda as amended. Motion carried. Ayes: 4. Absent: 1. There were no citizen comments. BUDGET AMENDMENT~ PUBLIC HEARING Mayor Fausett announced this was the time for a public hearing on the Budget Amendment for FY 2008. Finance Officer Terry Kaeding reported the budget amendment would amend the total revenues by $35,433,000 and most of that comes in the form of proceeds for refunding bonds of about $16,800,000. They also are amending it because of the way grants come in for capital projects and the charges of services by the Hotel and Conference Center. This is the first year for the Hotel and Conference Center being part of the budget. The expenditures are being amended by $35,347,000 for property purchases that were not budgeted, paying off the bonds that are being refinanced. There is also an amendment to the transfers in and out that brings the recommended expenditures amount to $41,000,000. There were no other public or written comments. Fausett closed the public hearing. RESOLUTION NO. 2008-122 RESOLUTION APPROVING THE FISCAL YEAR 2008 BUDGET AMENDMENT was introduced by Herwig, seconded by Weihe. Roll call vote, Ayes: Gill, Weihe, Lundell, Herwig. Absent: Gross. Resolution declared adopted. $8,000,000 LOAN AGREEMENT ~ PUBLIC HEARING Mayor Fausett announced this was the time for a public hearing on a loan agreement in a principal amount not to exceed $8,000,000. There were no public or written comments. Fausett closed the public hearing. After the resolution was read Mayor Fausett noted this is to finance the Youth Sport Complex, Bio Ventures Payment and Coral Ridge Avenue Reconstruction Design Agreement. RESOLUTION NO. 2008-123 RESOLUTION TAKING ADDITIONAL ACTION TO ENTER INTO A LOAN AGREEMENT was introduced by Gill, seconded by Lundell. Roll call vote, Ayes: Weihe, Lundell, Herwig, Gill. Absent: Gross. Resolution declared adopted. ZONING APPEALS ~ PUBLIC HEARING 1 City Attorney Kevin Olson reported this was a request from his office to change the zoning code from the 30 day notice to a reasonable time limit that is in the State Code. This would reduce a reasonable time for things like sign violations to whatever the Board of Adjustment thinks is reasonable, which could end up being as short as 3 days. Mayor Fausett announced this was the time for public hearing on the proposal to amend Section 165.55 of the Coralville Zoning Code regarding the time-frame for appeals. There were no public or written comments. Fausett closed the public hearing. ORDINANCE NO. 2008-1012 AN ORDINANCE AMENDING SECTION 165 OF THE CODE OF ORDINANCES OF THE CITY OF CORALVILLE (2001), AS PREVIOUSLY AMENDED, REGARDING THE TIME FOR APPEALS FROM A DECISION OF THE BUILDING OFFICIAL was introduced by Weihe, seconded by Gill for 1st consideration. Roll call vote, Ayes: Lundell, Herwig, Gill, Weihe. Absent: Gross. Motion carried. CHANGE TO COMMUNITY PLAN ~ PUBLIC HEARING Building Official Jim Kessler reported this amendment affects zones 3 and 4 of the Town Center District. Zone 4 is the area bounded by 10th Ave. on the west, 6th Ave. on the east, 5th St. on the north and 2nd St, on the south. Zone three is the area bounded by 12th Ave. on the east, 18th Ave. on the west, 5th St. on the north and 2nd St. on the south. One of the uses for Zones 3 and 4 would restrict any lot with an access to 2nd Street to uses permitted in C-2 zoning district, which would only allow a church or educational facility on the lot. So they are proposing to change it to permitted and provisional uses of the C-2 zoning district with the exception of provisional uses c, d & e in the C-2 arterial zoning districts. This would exclude convenience stores; the sales of gasoline, diesel and fuels; automobile service stations; automobile repair stations; trailer sales and automobile sales. This was approved by the Planning & Zoning Commission by 6-0. Mayor Fausett announced this was the time for a public hearing on the proposal to amend the Coralville Community Plan regarding the uses allowed in the Town Center District. There were no public or written comments. Fausett closed the public hearing. ORDINANCE NO. 2008-1013 After the ordinance was read, Councilperson John Lundell asked for clarification. Would a convenience store with access to 5th St. be permitted? Building Official Jim Kessler responded that the zoning for lots with access off of 5th St. would not change. Lundell also asked if car washes were going to be allowed and Kessler responded they would not be allowed. ORDINANCE NO. 2008-1013 AN ORDINANCE AMENDING THE CORALVILLE COMMUNITY PLAN REGARDING THE PROPOSED USES FOR THE TOWN CENTER DISTRICT was introduced by Lundell, seconded by Weihe for 1st consideration. Roll call vote, Ayes: Herwig, Gill, Weihe, Lundell. Absent: Gross. Motion carried. FIRE SAFETY PERMITS It was noted this will set a minimum Fire Safety Permit fee of $25.00 per year for commercial occupancies. ORDINANCE NO. 2008-1011 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CORALVILLE, AS PREVIOUSLY AMENDED, ENACTING THE REQUIREMENT FOR A FIRE SAFETY PERMIT was introduced by Herwig, seconded by Gill for 1st consideration. Roll call vote, Ayes: Gill, Weihe, Lundell, Herwig. Absent: Gross. Motion carried. AMEND PARKING ORDINANCE 2 Mayor Fausett noted this will establish a 2 hour parking period in posted areas of the City of Coralville. ORDINANCE NO. 2008-1014 AN ORDINANCE AMENDING CHAPTER 69 OF THE CODE OF ORDINANCES OF THE CITY OF CORALVILLE, AS PREVIOUSLY AMENDED AND ORDINANCE NO. 2006-1050 REGARDING PARKING REGULATIONS was introduced by Gill, seconded by Weihe for 1st consideration. Roll call vote, Ayes: Weihe, Lundell, Herwig, Gill. Absent; Gross. Motion carried. AUTOMATED EXTERNAL DEFIBRILLATORS ORDINANCE NO. 2008-1015 After the ordinance was read City Administrator Kelly Hayworth noted that most if not all the buildings that would meet this already have AEDs. An insurance company wanted to know if AEDs would continue to be allowed in these facilities. After meeting with the Fire Department and Police Chief it was determined that having AEDS in these buildings did provide major benefits and it would be a good thing to require these in buildings with occupancies of 500 or more people. Councilperson Gill asked how many AEDs per population are needed. Hayworth responded that the need is based more on location rather than population, but he would look into that before the next reading of the ordinance. City Attorney Olson added that there is a bill passed by the State Legislature giving immunity to facilities providing these devices and there will be some rules coming from the Department of Public Health. ORDINANCE NO. 2008-1015 AN ORDINANCE AMENDING CHAPTER 165 OF THE CODE OF ORDINANCES OF THE CITY OF CORALVILLE (2001), AS PREVIOUSLY AMENDED, REQUIRING AUTOMATED EXTERNAL DEFIBRILLATORS (AED’S) IN ALL OCCUPANCIES WITH AN OCCUPANT LOAD OF 500 OR MORE PERSONS was introduced by Weihe, seconded by Gill for 1st consideration. Roll call vote, Ayes: Herwig, Gill, Weihe, Lundell. Absent; Gross. Motion carried. USER FEES ORDINANCE NO. 2008-1008 It was noted this ordinance will revise the commercial and industrial fees. ORDINANCE NO. 2008-1008 AN ORDINANCE AMENDING CHAPTER 107 OF THE CODE OF ORDINANCES OF THE CITY OF CORALVILLE (2001), REGARDING WATER UTILITY RATES was introduced by Lundell, seconded by Weihe for 3rd and final consideration. Roll call vote, Ayes: Gill, Weihe, Lundell, Herwig. Absent: Gross. Ordinance declared adopted after its publication as required by law. ORDINANCE NO. 2008-1009 It was noted the City’s equivalent residential unit is 3,440 sq. ft. ORDINANCE NO. 2008-1009 AN ORDINANCE AMENDING THE CITY’S STORM WATER UTILITY ORDINANCE AND REVISING THE STORM WATER UTILITY RATE was introduced by Herwig, seconded by Gill for 3rd and final consideration. Roll call vote, Ayes: Weihe, Lundell, Herwig, Gill. Absent: Gross. Ordinance declared adopted after its publication as required by law. RENTAL PERMITS AND SANCTIONS It was noted this ordinance will provide enhanced sanctions for rental permit violations and requires a local representative for all rental properties. ORDINANCE NO. 2008-1010 After the ordinance was read, Councilperson Herwig asked if the ordinance has been passed out to the property owners to get comments. City Attorney Olson responded he forwarded it to the two largest 3 apartment owners, Mr. Barker and Mr. Gregory’s firms, and some residents. Herwig asked is there were any comments and Olson responded there were not. ORDINANCE NO. 2008-1010 AN ORDINANCE AMENDING CHAPTER 145 OF THE CODE OF ORDINANCES OF THE CITY OF CORALVILLE, AS PREVIOUSLY AMENDED, REGARDING RENTAL PERMITS AND SANCTIONS was introduced by Weihe, seconded by Gill for 2nd consideration. Roll call VOTE, Ayes: Lundell, Herwig, Gill, Weihe. Absent: Gross. Motion carried. AUDIT SERVICES AGREEMENT Terry Kaeding reported on quotes. She sent out requests on March 31st to five different firms. She received two quotes back for audit services for Fiscal Years 2008-2012. One quote was from Hogan Hansen, which is the firm that has performed our audit services since the year 2000. The other was from McGladrey & Pullen. The quotes for the first three years from Hogan Hansen were $40,000, $43,000 and $46,000. McGladrey’s were $50,000, $52,000 and $53,000, which is at least $3,000 to $4,000 more every year. At this time she recommended we accept Hogan Hansen’s bid because we have been satisfied with their work and they have also submitted the lowest proposal. RESOLUTION NO. 2008-124 CONSIDER RESOLUTION APPROVING AN AGREEMENT WITH HOGAN HANSEN TO PROVIDE AUDIT SERVICES FOR FISCAL YEARS 2008 THROUGH 2012 was introduced by Gill, seconded by Weihe. Roll call vote, Ayes: Herwig, Gill, Weihe, Lundell. Absent: Gross. Resolution declared adopted. SIGN APPLICATION Councilperson Henry Herwig reported from the Design Review Committee. They recommended approval of the signs because they conform to the Town Center requirements. It was noted this resolution includes a two sided tenant panel, 2 awning signs and 1 door vinyl sign. RESOLUTION NO. 2008-125 RESOLUTION APPROVING THE DESIGN PLANS FOR THE PROPOSED SIGNAGE FOR PROFESSIONAL EYE CARE, LOCATED AT 1150 5TH STREET, CORALVILLE, IOWA was introduced by Lundell, seconded by Gill. Roll call vote, Ayes: Gill, Weihe, Lundell, Herwig. Absent; Gross. Resolution declared adopted. BRIDGE DECK PATCHING ON 12TH AVENUE OVER I-80 After reading the resolution the council asked when the project would begin and City Engineer Holderness responded that when he called to get that information he was informed that it was being bid on June 21st, and they won’t know when it will happen until they award the bid. It was noted the patching will be done in the evening by the IDOT and will involve closing one lane to traffic during those hours. There is no cost to the City for this project. RESOLUTION NO. 2008-126 RESOLUTION APPROVING AN AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION REGARDING THE BRIDGE DECKING REPAIR ON THE 12TH AVENUE BRIDGE OVER I-80 was introduced by Herwig, seconded by Lundell. Roll call vote, Ayes: Weihe, Lundell, Herwig. Gill. Absent: Gross. Resolution declared adopted. HIGHWAY 6/6TH AVENUE TRAFFIC SIGNAL PROJECT Motion by Lundell, seconded by Weihe to approve payment to Ryan Companies US Inc. for the Highway 6/6th Avenue Traffic Signal: $28,993.07. Motion carried. Ayes: 4. Absent:1. 4 It was noted there is no retainage on this project. RESOLUTION NO. 2008-127 RESOLUTION ACCEPTING THE HIGHWAY 6/6TH AVENUE TRAFFIC SIGNAL PROJECT AS COMPLETED was introduced by Gill, seconded by Herwig. Roll call vote, Ayes: Lundell, Herwig, Gill, Weihe. Absent: Gross. Resolution declared adopted. MOTION BY HERWIG TO APPROVE CONSENT CALENDAR items a-ee inclusive with item aa as amended: a) Approve minutes May 13, 2008 Council Meeting. b) Approve renewal of Class E Liquor License with Sunday Sales and Carryout Wine & Beer for Village Liquors: Eff. 06/08. c) Approve renewal of Class C Beer Permit with Sunday Sales for Cantebury BP Amoco: Eff. 06/15. d) Approve payment to Neumann Monson Architects for: i) The Coralville Arena $925.00 ii) North Fire Station $2,024.11 e) Approve payment to EarthView Environmental, L.L.C. for Brown Deer Golf Course Wetland Mitigation Planting 2007: $1,866.33. f) Approve payment to Active Thermal Concepts, Inc. for Asbestos removal and sampling at 802 5th Street: $21,749.00. g) Approve payment to Integrated Technology Group for: i) Coralville Library Expansion Project – 2005 (RFID Equipment) $15,867.04 ii) A/V Locking Case & components $1,657.00. h) Approve payment to Carter & Associates for West Music Sewer Service (Hwy 6 Phase 7): $26,567.53. i) Approve payment to Terracon for: i) Street Improvements 2008 $582.00 ii) Hawkeye Express Parking Lot $267.00 iii) Police Station Vestibule & Parking Lot Improvements $416.00 j) Approve payment to Noel’s Tree & Crane Service, Inc. tree trimming for Street Impr0vements 2008: $4,637.50. k) Approve payment to VJ Engineering for: i) Town Center Parking Structure $230.00 $363.75 ii) 5th Street Sidewalk Improvements 2008 iii) North Fire Station (Holiday Ct Sanitary Sewer) $1,411.25 l) Approve payment to MMS Consultants, Inc. for the Coral Ridge Ave Extension: $4,348.11. m) Approve payment to Advance Electrical Services, Inc. for IRL Banner Bracket Replacement: $5,367.00. n) Approve payment to RDG Planning & Design for: i) Coral North Planting $271.00 ii) 12th Avenue Roundabout Landscaping CD thru CA $1,425.00 o) Approve payment to Lynch’s Excavating, Inc. for moving a fire hydrant on the 5th Street Sidewalk Improvements – 2008: $1,440.00. p) Approve payment to BRC Imagination Arts for “Stories” Change Order #2 per contract dated 09/04/07: $4,357.00. q) Approve payment to Paragon Commercial Interiors, Inc. for Library Furniture Phase II: $6,092.93. r) Approve payment to Jones Library Sales, Inc. for steel shelving at the Library Addition: $900.00. s) Approve payment to Saxton Inc. for Library Furniture Phase II: $8,061.00. t) Approve payment to Knoll, Inc. for Library Furniture Phase II: $1,211.09. 5 u) Approve payment to Layne Christensen Company for Bore blast and Chemical Treatments of Wells 6, 7 & 8: $27,799.20. v) Approve payment to Path Construction Inc. for construction of the Cold Storage Maintenance Facility at Creekside Ballpark: $24,925.00. w) Approve payment of Stockman Stevens Erosion Control Inc. for Forevergreen Road Improvements: $2,396.00. x) Approve Pay Estimate #1, $13,876.45, and Change Order #1, $447.00, TO Huber Family Concrete for the 5th Street Sidewalk Improvements – 2008. y) Approve Pay Estimate #2, $136,822.00, and Change Order #2, +$8,178.50, to Streb Construction Co., Inc. for Street Improvements 2008. z) Approve Pay Estimate #1, $28,821.50, Change Order #1, -$3,631.85, and Change Order #2, +$2,721.58, to Country Landscapes for 12th Ave. /Forevergreen Road Enhancements 2008. aa) Approve Pay Estimate #24, $355,012.15, Change Order #17, +$15,546.00, and Change Order #18, +$30,534.76 (as amended) to McComas-Lacina Construction for the Coralville Public Library Expansion Project – 2005. bb) Approve Pay Application #2 to APEX Construction Company, Inc. for the Police Vestibule and Parking Lot Improvements – 2008: $26,804.25. cc) Approve attendance of David Stannard to the Missouri Valley Fire Chiefs Conference in Joplin, MO from July 8th-12th, 2008: $1,194.36. dd) Approve April 2008 Treasurer Report. ee) Approve Bill List for 5-27-08. Seconded by Weihe. Roll call vote, Ayes: Gill, Weihe, Lundell, Herwig. Absent: Gross. Motion carried. Receipts for the month of April were General: $2,159,479.54; Water: $165,902.21; Sewer: $200,073.11; Stormwater: $17,436.52; Solid Waste: $149,678.12; Transit: $37,627.28; Parking Operations: $54,784.30; Road Use: $107,928.15; Sp. Rev. TIF: $3,762,575.10; Sp. Rev. T & A: $582,463.69; Trust & Agency: $13,850.99; Debt Service: $818,703.99; Debt Service TIF: $46,000.00; Special Assessment: $674.58; Showcase: $145.00; Golf: $147,245.47; Marriott Hotel: $2,288.31; IRL Area: $423,226.80; Library Addition: $305,717.72; WW Improvements: $1,530.58; Street Repair: $14,560.48; Water Improvements: $358.82; 12th Ave. Urban Renewal: $1,000.00; Recreation/Aquatic Center: $2,000.00. Total receipts for April were $9,015,250.76 and of this $6,890,479.27 were property tax. City Administrator Kelly Hayworth reminded everyone the Grand Opening for the Coralville Library will be this Saturday at 10:00 a.m. and he encourages everyone to come out for the many events planned and to see the new Library Improvements. He also wanted to remind everyone that Nancy Beuter, a long time employee and former City Clerk, is retiring and her 18 years of service will be coming to a conclusion this week. He wished her the best. Mayor Jim L. Fausett also wished Nancy the best and mentioned she was a very valuable employee and she will be missed. He also reported they are still in the process of fund raising for the new theater/auditorium and if you have not had the opportunity to donate they will be contacting you soon. City Attorney Kevin Olson wanted to thank Mike O’Leary, Mrs. Ferguson, Mrs. Gelman and Mrs. Peck for their years of service at Coralville Central and wish them luck on their retirements. Councilperson Henry Herwig commented that Memorial Day was celebrated appropriately at the cemetery and wanted to thank the American Legion and Coralville Parks Department for making it possible. Mayor Fausett wanted to wish Mitch Gross and the West High Tennis Team well as they competed in Des Moines today. Councilperson Tom Gill had nothing to report. 6 Councilperson John Weihe noted June 19th and 20th is the Nate Kaeding Golf Outing and he thinks there are still some spots left if you want to come out. Proceeds will go to the Sports Authority and Hope Lodge. Councilperson John Lundell congratulated Nate Kaeding and wife on being new parents and Terry Kaeding on becoming a Grandma. He also reported the letter for the Sidewalk Repair project to people north of the interstate and to show there are no preferences he also received a letter. He thought it makes for a nicer neighborhood. Motion by Gill, seconded by Herwig to adjourn at 7:29 p.m. Motion carried. Ayes: 4. Absent: 1. Jim L. Fausett, Mayor Thorsten J. Johnson, City Clerk Complete minutes and descriptions of bills are available at Coralville City Hall or at the City web site at www.coralville.org. 7
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