City Council Minutes April 25, 2006

April 25, 2006
No. 25

Mayor David Franker called the regular session to order at 7:00 p.m.

Council members present:  Bahl, Kuhl, Moody, Salm, Wozniak.

Also present were Brian James, Tracey Mulcahey, Kevin Trom, Bill Sueppel, Travis Alden, William Mausser, Laura Bergus, Janet Lubben, Brian Motley, Guy Goldsmith, Melvin Rivers, Ethel Green, Harlan Ranshaw, Mary K. Mitchell, John Christenson, Constance Wagner, Russell Keeler, Todd Parks, Jeremy Norris, Kevin Hochstedler, Jason Harder, and other interested citizens.

Consent agenda. Kuhl moved, Wozniak seconded to approve Library Director’s Report, Fire Chief Activity Report, Casey L. Schweitzer Class C Liquor License for April 28, 2006, Cigarette Outlet Class B Beer License and Sunday Sales, Diane & Robert Rutherford Class C Liquor License for May 19, 2006, City Council minutes from April 11, 2006 special meeting with the inclusion of Councilmember Wozniak’s vote relating to Saints Corridor PAD, City Council minutes from April 18, 2006 special meeting, payment of the attached list of claims, with agenda item number 20 being removed from the agenda.  After discussion, the vote was: ayes—Moody, Bahl, Kuhl, Wozniak, Salm; nays—none.  Motion carried.

Public Comment.
None was offered.

Official Announcements.
Mayor Franker announced:
•    Appointment of Gerry Kuhl to Coralville ad hoc committee for Iowa River Landing Project.
•    Announced that Iowa City Community School District is purchasing a new elementary school site located south of North Liberty Road and Dubuque Street in North Liberty’s fringe area.

Highway 965 Task Force Report.  Councilman Salm presented an update regarding Task Force progress.  Dan Holderness, Coralville City Engineer, met with the Task Force at the last meeting reviewing Coralville’s plan for the road.  The Task Force will be looking at sources of funding and a vision for the appearance.

515 W. Penn Street. Assistant City Administrator/City Clerk, Tracey Mulcahey; Chair of North Bend Historical Committee, John Christenson; and Mary K. Mitchell presented information regarding the City owned house at 515 W. Penn Street.

USTA Koser Park Tennis Facility Grant.  Constance Wagner, 725 Jessie, President of NLYBS spoke on behalf of the NLYBS Board.  The Board is in favor of the courts, but not in Koser Park.  Russell Keeler, 10 E. Chestnut, lives next to Koser Park.  He likes having a neighborhood ballpark.  He would like to see the tennis courts in another part of town.  Todd Parks, 230 Lockview Avenue, Chair of the Parks & Rec Commission talked about a new field at Penn Meadows Park to replace Koser Field and the need for a windbreak for tennis courts.  Jeremy Norris, 40 Windsor Road, stated that another field at Penn Meadows Park is a good idea.

Kuhl moved, Bahl seconded to table action regarding Resolution Number 06-68, A Resolution Approving a Services Proposal with Shive-Hattery for Services Relating to the Koser Park Tennis Facility.  After discussion, the vote was: ayes – Kuhl, Salm, Wozniak, Moody, Bahl; nays – none. Motion carried.

Grand North Plaza.  City Administrator Brian James presented the developer’s agreement for Grand North Plaza.  The City will be funding half of the turn lanes and signalization for the development.

Bahl moved, Salm seconded to approve Resolution Number 06-69, A Resolution Approving the Agreement between the City of North  Liberty and North Six Development, L.L.C., that sets forth the Terms and Conditions under which Grand North Plaza will be developed in the City of North Liberty, Iowa.  After discussion the vote was: ayes – Kuhl, Bahl, Moody, Salm; nays – Wozniak.  Motion carried.

Liberty Centre, Part 7.  Kevin Hochstedler presented the agreement for Liberty Centre, Part 7.

Bahl moved, Moody seconded to approve Resolution Number 06-70, A Resolution Approving the Agreement between the City of North Liberty and Liberty Centre Development L.C., that sets forth the Terms and Conditions under which Liberty Centre, Part 7 will be developed in the City of North Liberty, Iowa. The vote was, ayes – Salm, Bahl, Moody, Kuhl, Wozniak; nays – none. Motion carried.

Progress Park.  City Administrator Brian James presented details regarding Outlot A in Progress Park, Third Addition.

Moody moved, Salm seconded to approve Resolution Number 06-77, A Resolution Accepting Outlot A, Progress Park, Third Addition. After discussion, the vote was:  ayes – Salm, Bahl, Moody, Kuhl, Wozniak; nays—none. Motion carried.
Utility Billing Deposit.  Moody moved, Wozniak seconded to approve the first consideration of Ordinance Number 06-16, AN ORDINANCE AMENDING CHAPTER 13.08 ENTITLED “WATER RATES AND CHARGES,” OF THE MUNICIPAL CODE OF NORTH LIBERTY BY REPEALING SECTION 13.08.050, “LIABILITY FOR SERVICE–DEPOSIT.”  BY ADOPTING IN LIEU THEREOF A NEW SECTION 13.08.050 TO ESTABLISH THE AMOUNT OF THE UTILITY BILL DEPOSIT FOR NEW CUSTOMERS IN THE CITY OF NORTH LIBERTY, IOWA.  After discussion, the vote was: ayes—Moody, Salm, Wozniak, Kuhl, Bahl; nays – none. Motion carried.

240th Street.  The Mayor opened the public hearing on the proposed plans, specifications, form of contract, and estimated cost of the 240th Street Reconstruction project. No oral or written comments were received. The public hearing was closed.

Moody moved, Salm seconded to approve Resolution Number 06-71, A Resolution Accepting the Bid for the 240th Street Reconstruction Project. Streb Construction was the low bidder with a bid of Streb Construction: $1,060,000 and Alternate: $37.00 per cubic yard.  After discussion, the vote was: ayes – Salm, Wozniak, Kuhl, Bahl, Moody; nays – none. Motion carried.

Amendment to West Lake Developer’s Agreement.  Jason Harder of JDHP Development, LLC presented information as received from IDNR regarding the proposed amendments to the developer’s agreement for West Lake Additions.

After much discussion, Salm moved, Moody seconded to approve Resolution Number 06-72, A RESOLUTION APPROVING THE AMENDMENT TO THE DEVELOPERS’ AGREEMENT BETWEEN THE CITY OF NORTH LIBERTY AND JDHP DEVELOPMENT,  LLC THAT AMENDS THE TERMS AND CONDITIONS UNDER WHICH WEST LAKE ADDITIONS WILL BE DEVELOPED IN THE CITY OF NORTH LIBERTY, IOWA.  The vote was: ayes – Kuhl, Bahl, Moody, Salm, Wozniak; nays – none. Motion carried.

Habitat for Humanity Building Permit.  Kuhl moved, Moody seconded to approve Resolution Number 06-73, A Resolution Waiving Building Permit Fees for Habitat for Humanity House.  The vote was: ayes – Wozniak, Salm, Kuhl, Moody, Bahl; nays – none. Motion carried.

Saints Corridor Commercial Park, Part 1, Lot 4.  Moody moved, Salm seconded to approve the second consideration of Ordinance Number 06-15,  An Ordinance Approving the Variances to the North Liberty Zoning Code Set Forth in the Planned Area Development Plan for Gerdin Family Investments located in Saints Corridor Commercial Park, Part 1, Lot 4, North Liberty, Iowa with the recommendations of Planning and Zoning.  The vote was: ayes – Salm, Bahl, Kuhl, Wozniak, Moody; nays – none.  Motion carried.

Management Information Presentation.  Fire Chief Eric Vandewater presented information regarding the fire department’s plans for the future of North Liberty Volunteer Fire Department.

Capital Improvement Plan.  Moody moved to table the discussion regarding the Capital Improvement Planning session, Kuhl seconded. The vote was: ayes—Kuhl, Salm, Bahl, Moody, Wozniak; nays – none. Motion carried.
Council offered direction to the North Bend Historical Committee to move forward with the renovation of the house at 515 W. Penn Street.

Equipment Funding.  The public hearing regarding entering into a loan agreement in a principal amount not to exceed $225,000 for the purchase of capital equipment was opened. No written or oral comments were received. The public hearing was closed.

Water System Facility Improvements.  Kuhl moved, Bahl seconded to approve Resolution Number 06-75, A Resolution Approving a Services Proposal with Shive-Hattery for Services Relating to the Water System Facility Improvements.  The vote was:  ayes—Wozniak, Kuhl, Bahl, Moody, Salm; nays – none.  Motion carried.

Aerial Mapping.  Moody moved, Salm seconded to table discussion and action relating to aerial mapping services with Johnson County. The vote was: ayes – Kuhl, Bahl, Moody, Salm, Wozniak; nays – none. Motion carried.

City Administrator.  City Administrator James provided Council with his plan for work sessions on the fourth Tuesday of each month.  He requested that Council review the memo provided and make recommendations if necessary to the requested items list before the May 9, 2006 Council meeting.

Council Comments.
•    James Wozniak met with Sherry Kuntz, Mary Day, and Rebecca Neades regarding the request for federal funding for the intersection of Highway 965. The city is asking for $870,000.  Staff indicated this is an achievable earmark. Wozniak reported on the JCCOG meeting where the Joint Communications Center was discussed.
•    Matt Bahl met with Coralville City Council members.  Coralville’s council just finished a session with UNI’s Institute of Decision Making.  He recommended North Liberty look at that option.
•    Gerry Kuhl reported on the Library Volunteer Luncheon and the Chamber Luncheon.
•    James Moody reported that he would need to phone in for both May meetings due to being out of town for business.  He also requested discussion regarding the agenda setting policy.

Closed Session.  Bahl moved, Wozniak seconded to adjourn to closed session at 9:46 p.m. The vote was: ayes – Salm, Wozniak, Kuhl, Bahl, Moody; nays – none. Motion carried. Meeting moved to closed session.

Meeting adjourned.