City Council Minutes May 9, 2006

May 9, 2006
No. 26

Mayor David Franker called the regular session to order at 7:01 p.m.

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

Also present were Brian James, Tracey Mulcahey, Kevin Trom, Bill Sueppel, Travis Alden, William Mausser, Janet Lubben, Guy Goldsmith, Melvin Rivers, Duane Musser, Angie Rios, Don Colony, Mandy Moellering, Paula Vincent, Dave Ramsey, Paul Osterholt, Chad Kost, Todd Parks, Denny Henderson, Mike Evans, Frank Lenane, Dave Fox, Steve Troyer, and other interested citizens.

Consent agenda. Kuhl moved, Salm seconded to approve Department Head Reports, Planning and Zoning Commission minutes, Parks & Recreation Commission minutes, Telecommunications Commission minutes, Tree and Stormwater Board minutes, Casey’s General Store Class C Beer and Sunday Sales Renewal, City Council minutes from April 25, regular Council meeting, Resolution number 06-78 – Street Light resolution for Liberty’s Gate Part 9, Resolution number 06-79 – Street Light resolution for Highway 965 and 230th Street, Resolution number 06-80 – Street Light resolution for Saints Corridor Commercial Park Part 1, Resolution Number 06-81 – Street Light resolution for West Lake Part 5, Lot 2, and payment of the attached list of claims.  After discussion, the vote was: ayes— Bahl, Kuhl, Wozniak, Salm; nays—none, absent – Moody.  Motion carried.

Council member Moody arrived at 7:02 p.m.

Public Comment.
Paul Osterholt, 115 Vixen Lane, spoke regarding open meetings and email correspondence for boards and commissions. He asked about the disclaimer on Councilmember Kuhl’s email correspondence.

Mandy Moellering, 210 N. Front Street, thanked the Parks & Recreation Commission and City Council for being open to discussions regarding placement of tennis courts at Koser Park.

The meeting was recessed at 7:08 p.m. due to tornado sirens sounding. The meeting was reconvened at 7:13 p.m.

Mandy Moellering finished her statement with requests that the City find other ways to share information with homeowners that may be affected by projects.

Older Americans Month Proclamation.  Mayor Franker read the Older Americans Month Proclamation for the month of May.

Iowa School Board Recognition Week.  Mayor Franker read the proclamation naming May 14-20, 2006 as Iowa School Board Recognition Week.

Official Announcements.
Mayor Franker announced that he would be enacting a process for agenda setting similar to the Iowa City Community School District.  He will be rotating the Mayor Pro-tem position on a semi-annual basis to allow all council members to serve as Mayor Pro-tem.  He declared that the Friday or Saturday after each Council meeting, he, the City Administrator, the Mayor Pro-tem, and one other Council member will meet to set the agenda for the next meeting. The first meeting will be either Friday, May 12 or Saturday, May 13 with Mayor Franker, City Administrator Brian James, Mayor Pro-tem Bahl, and Council member Kuhl.

The mayor also reported that a Trails meeting will be held on May 22 at 5 p.m. at the Rec Center.

Clear Creek Amana – North Liberty Intergovernmental Cooperation.  Clear Creek Amana School District Superintendent, Paula Vincent, spoke regarding a potential partnership between the City and the school. She thanked city council and city staff for assistance. She reported they are not ready to announce a site location and are evaluating several factors including safety factors, partnership opportunities, and site issues.

Kuhl moved, Wozniak seconded approval of Resolution number 06-82, A Resolution of Support to Cooperate with Clear Creek-Amana School District to Site a New Elementary School in the Corporate City Limits of North Liberty, Iowa.  The vote was: ayes – Wozniak, Moody, Salm, Bahl, Kuhl; nays – none. Motion carried.

North Liberty Babe Ruth Baseball.  Chad Kost, President, and Angie Rios, Secretary/Treasurer, of the North Liberty Babe Ruth Baseball program thanked the City of North Liberty for all of their assistance.  Angie Rios also thanked Drinks Bar for sponsorship in the amount of $300 and for paying the Babe Ruth Baseball’s $400 utility bill.

USTA Koser Park Tennis Facility Grant.  Parks Superintendent, Guy Goldsmith, and City Administrator James presented the revised plan for the Tennis Facility. The four-plex of courts will now be located in Penn Meadows Park.  Goldsmith presented a schematic of the potential layout of the facility.

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

Waste Water Treatment Plant.  Wozniak moved, Kuhl seconded to approve Resolution Number 06-83, A Resolution Supporting an Application for 319 IDNR Non-point Source Pollution Clean-Up Grant.  The vote was: ayes – Moody, Salm, Bahl, Wozniak, Kuhl; nays – none. Motion carried.

City Administrator James introduced the new Waste Water Superintendent, Dave Ramsey.

City Administrator James, City Engineer, Kevin Trom, and Dave Fox, Fox Engineering presented information from the May 3, 2006 meeting with IDNR.  Discussion was held regarding the rumor of a moratorium on sewer connections that was not accurate.  Discussion was also held regarding the treatment plant, phases, capacity, funding sources, violations, and population vs. phases.

Moody moved, Salm seconded to approve Resolution number 06-84, A Resolution Accepting the Proposal for Services from Fox Engineering for Wastewater Services for Phase I of the Wastewater Treatment Plant Improvements. After discussion, the vote was: ayes – Salm, Wozniak, Kuhl, Moody, Bahl; nays – none. Motion carried.

Forevergreen Road Report.  City Administrator Brian James presented the final report regarding the potential extension of Forevergreen Road to North Liberty Road.  Paul Osterholt commented regarding property owners jeopardizing the right-of-way.  JCCOG will hold a public hearing regarding the matter on June 21, 2006.

Kuhl moved, Wozniak seconded to approve Resolution Number 06-85, A Resolution Accepting the Forevergreen Road Extension, Location Study Report prepared by EarthTech. After discussion the vote was: ayes – Wozniak, Kuhl, Moody, Bahl, Salm; nays – none.  Motion carried.

Capital Improvement Plan.  City Administrator James presented the proposed capital improvements plan and requested direction from Council.  Discussion was held regarding the information presented.

City Attorney Report.  City Attorney, Bill Sueppel informed Council regarding emails and use of email accounts.  He advised Council that emails are often times public record.  If the majority of the Council is involved in a discussion regarding an issue, a meeting could be inadvertently created.  Discussion was held regarding what makes public record, violations of open meeting laws, what constitutes a meeting, legality of disclaimers, and deletion of emails.

Water Treatment Plant Improvements.  City Administrator James presented the proposed improvements to the water treatment plant filter.  This is a replacement of equipment.  Council was asked to approve at this point due to the length of time required for construction of the tank. The installation of the filter will be bid out. A penalty clause will be affected for late delivery of the tank.

Salm moved, Kuhl seconded to approve Resolution Number 06-86, A Resolution Authorizing Staff and Consultants to Proceed with the Replacement of the Water Filter at the Water Treatment Plant.  After discussion, the vote was: ayes – Kuhl, Salm, Wozniak, Moody, Bahl; nays—none. Motion carried.

Liberty Medical and Commerce.  City Engineer Trom updated Council regarding the status of improvements in Liberty Medical and Commerce.  All requirements of the walk through have been satisfied. The City has received the contract and escrow for stocking the pond with fish.  Trom recommended approval of acceptance of improvements.

Moody moved, Wozniak seconded to approve Resolution number 06-68, A Resolution Accepting Property Improvements in Liberty Medical and Commerce.  The vote was: ayes – Wozniak, Bahl, Moody, Salm, Kuhl; nays – none. Motion carried.

Liberty’s Gate, Part 10, Lot 1.  Duane Musser, MMS Consultants, and Denny Henderson, Stellar Homes, presented the revised site plan for Sea of Marvels as required by the Planning and Zoning Commission.

The Planning and Zoning Commission recommend approval of the site plan subject to spot elevations on the sidewalks being corrected and resubmittal of color elevations. Staff concurred.

Salm moved, Moody seconded to approve Resolution number 06-88, A Resolution Approving the Commercial Development Site Plan for Liberty’s Gate Subdivision, Part 10, Lot 1.  The vote was: ayes— Bahl, Moody, Salm, Kuhl, Wozniak; nays – none. Motion carried.

Roseberry Stop.  Frank Lenane presented the Planned Area Development for 2797 Front Street South to be known as Roseberry Stop.

The Planning and Zoning Commission recommended approval with the dumpster enclosures being removed, granting variance to raise the southwest corner of the development above the 100 year flood plain elevation to allow for the construction of the southerly three units in building four and the 100 year flood way limit line being reshaded correctly.  Staff concurred, but no resubmittals have been submitted, yet.

Bahl moved, Salm seconded to approve first consideration of Ordinance number 06-18, An Ordinance Approving the Variances to the North Liberty Zoning Code Set Forth in the Planned Area Development Plan for Roseberry Stop located at 2797 Front Street South, North Liberty, Iowa with the submission of revised color elevations, the dumpster enclosures being removed, granting variance to raise the southwest corner of the development above the 100 year flood plain elevation to allow for the construction of the southerly three units in building four and the 100 year flood way limit line being reshaded correctly. After discussion, the vote was: ayes – Moody, Bahl, Salm; nays – Kuhl, Wozniak. Motion carried.

Cedar Springs Rezoning.  Duane Musser, MMS Consultants, and Mike Evans, Cedar Springs Partners presented the request of Cedar Springs Partners to rezone a portion of their property located on North Front Street.

The public hearing was held regarding Cedar Springs Partners rezoning requests.  No oral or written comments were received. The public hearing was closed.

The Planning and Zoning Commission and staff recommend approval.

Salm moved, Kuhl seconded to approve the first consideration of Ordinance number 06-19, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY CEDAR SPRINGS PARTNERS, LOCATED IN NORTH LIBERTY, IOWA, TO THOSE SET FORTH IN THE NORTH LIBERTY MUNICIPAL CODE FOR THE RS-4 DISTRICT (2.41 acres from RM-8).  The vote was: ayes – Kuhl, Bahl, Wozniak, Salm, Moody; nays – none. Motion carried.

Moody moved, Kuhl seconded to approve the first consideration of Ordinance number 06-20, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY CEDAR SPRINGS PARTNERS, LOCATED IN NORTH LIBERTY, IOWA, TO THOSE SET FORTH IN THE NORTH LIBERTY MUNICIPAL CODE FOR THE RS-3 DISTRICT (2.14 acres from RS-4).  The vote was: ayes – Bahl, Wozniak, Salm, Moody, Kuhl; nays—none. Motion carried.

Salm moved, Moody seconded to approve the first consideration of Ordinance number 06-21, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY CEDAR SPRINGS PARTNERS, LOCATED IN NORTH LIBERTY, IOWA, TO THOSE SET FORTH IN THE NORTH LIBERTY MUNICIPAL CODE FOR THE RS-4 DISTRICT (0.76 acres from RS-3).  The vote was: ayes –Wozniak, Kuhl, Salm, Moody, Bahl; nays—none. Motion carried.

Cedar Springs Amended Preliminary Plat.  Duane Musser, MMS Consultants and Mike Evans, Cedar Springs Partners presented the amended preliminary plat for Cedar Springs.

The Planning and Zoning Commission recommends approval with a change to the typical street section reflecting Silver Maple Trail as a collector street, add a trail easement between lots 123 and 124, and eight foot sidewalk on the north side of Silver Maple Trail.  Staff reported that the developer has resubmitted and met all comments except the sidewalk. Discussion was held regarding trails in the subdivision.  JCCOG’s recommendation was for narrower right-of-way with wider sidewalks. The developer is proposing a wider right-of-way and a narrower sidewalk.

Salm moved, Bahl seconded to approve Resolution number 06-54, A Resolution Approving the Amended Preliminary Plat of Cedar Springs Addition, North Liberty, Iowa with the standard four foot sidewalks.  After discussion, the vote was ayes—Kuhl, Moody, Wozniak, Bahl, Salm; nays—none. Motion carried.

270th Street.  Streets Superintendent Don Colony and City Administrator James presented the 270th Street sealcoat project.  Harvest Estates will be contributing $15,500 and West Lake $15,000 with the balance being funded by the City with Road Use Tax Funds.

Salm moved, Bahl seconded to approve Resolution Number 06-90, A Resolution Authorizing Staff to Proceed with 270th Street Sealcoat Project.  After discussion, the vote was: ayes – Wozniak, Bahl, Salm, Kuhl; nays – Moody. Motion carried.

Saints Corridor Commercial Park, Part 1, Lot 4.  Moody moved, Wozniak seconded to approve the third consideration and adoption 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, Wozniak, Bahl, Moody, Kuhl; nays – none.  Motion carried.

Utility Billing Deposit.  Bahl moved, Kuhl seconded to approve the second 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 – Kuhl, Moody, Salm, Bahl, Wozniak; nays – none. Motion carried.

515 W. Penn Street.  Assistant City Administrator Mulcahey provided Council with an update regarding the contract with William Nowysz and Associates for architectural services for 515 W. Penn Street.

Moody moved, Bahl seconded to approve Resolution number 06-91, A Resolution Authorizing Additional Services from William Nowysz and Associates up to a cap of $30,000.  After discussion, the vote was: ayes – Bahl, Kuhl, Moody, Salm; nays – Wozniak. Motion carried.

Water and Wastewater Departments Capital Equipment Purchases.  Assistant City Administrator Mulcahey presented the bids for the purchase of a hydraulic lift trailer, hydraulic excavator, and a skid loader.  Recommended bids were: Patton Equipment (hydraulic lift trailer) $13,916.00; Altorfer CAT (Excavator) $86,977.00; and Altorfer (Skid loader) $36,957.00. These bids were the lowest, responsive bids in that they met the specifications requested by the Department.

Bahl moved, Moody seconded to approve Resolution number 06-92, A Resolution Awarding the Bids for Purchase of Water and Wastewater Departments Capital Equipment Purchases to the above listed bidders.  The vote was: ayes – Salm, Kuhl, Bahl, Wozniak, Moody; nays – none. Motion carried.

Loan Agreement for Capital Equipment Purchases.  Bahl moved, Wozniak seconded to approve Resolution number 06-74, A Resolution Authorizing a Loan Agreement for Capital Equipment Purchases with Hills Bank and Trust.  The vote was: ayes – Wozniak, Moody, Salm, Bahl, Kuhl; nays – none. Motion carried.

Aerial Mapping.  Moody moved, Salm seconded to approve Resolution number 06-76, A Resolution Approving the Contract between the City of North Liberty and Kucera International, Inc. for Aerial Mapping Services.  After discussion, the vote was: ayes – Moody, Salm, Bahl, Kuhl, Wozniak; nays—none. Motion carried.

Budget Amendment.  Salm moved, Wozniak seconded to set the public hearing for May 23, 2006 regarding the budget amendment for fiscal year 2006.  The vote was: ayes – Salm, Wozniak, Bahl, Kuhl, Moody; nays – none. Motion carried.

City Administrator.  City Administrator James distributed a note from Rod Sullivan complimenting Shelly Simpson and Rec Staff for their hospitality during senior dining.  James thanked Council for their kind comments in the past week with the death in his family.

Council Comments.
•    James Wozniak met with ECICOG and transit representatives from the Region.
•    Tom Salm reported that the next Highway 965 Task Force meeting is scheduled for May 17.  The Parks & Rec meeting he attended last week had many comments about a west side park. He was pleased to see the west side park on the capital improvements plan. He reported he wrote a letter for the Food and Clothing Pantry for a grant for a freezer. The cost of the freezer is $2,500, $1,000 of the funds needed have been raised.
•    James Moody inquired regarding NIMS Training for Council. He reported that he would need to phone in for the next meeting due to being out of town for business.
•    Gerry Kuhl reported that the Task Forest regarding the Rain Forest meets tomorrow. He will be attending the Chamber lunch on May 17.

Closed Session.  Moody moved, Kuhl seconded to adjourn to closed session at 10:02 p.m. The vote was: ayes – Wozniak, Moody, Salm, Bahl, Kuhl; nays – none. Motion carried. Meeting moved to closed session.

Meeting adjourned.