City Council Minutes July 11, 2006

July 11, 2006
No. 1

Mayor Franker called the session to order at 6:30 p.m.

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

Wozniak moved, Salm seconded to move into closed session.  The vote was: ayes – Wozniak, Moody, Salm, Bahl; nays – none; absent – Kuhl.

The closed session was held according to Iowa State Code Section 21.5(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 the property.”

At 6:45 p.m., Moody moved, Bahl seconded to return to open session.  The vote was ayes – Wozniak, Moody, Bahl, Salm; nays- none; absent – Kuhl.

The meeting was recessed at 6:45 p.m.

Mayor Franker reconvened the regular session at 7:06 p.m.

Council members present: Bahl, Moody, Salm, Wozniak, and Kuhl (by phone due to business commitment out of town).

Also present were Brian James, Tracey Mulcahey, Bill Sueppel, Tommy Haines, Suzanne Mitchell, Paula Vincent, Jim Seelman, Carmen Davis, Paul Osterholt, Doug Lindner, Rachel Gallegos, Suzette Wheeler, Joe Raso, Andy Johnson, Senator Bob Dvorsky, Bart Floyd, John Huffaker, and other interested citizens.

Consent agenda. Salm moved, Wozniak seconded to approve the Building Official’s Report, Street Superintendent’s Report, Park Superintendent’s Report, Recreation Director’s Report, Telecommunication Coordinator’s Report, Water Superintendent’s Report, Wastewater Superintendent’s Report, Parks & Recreation Commission minutes, Renewal of Liquor License for Corridor Convenience, Class C Beer, Carryout Wine, and Sunday Sales, City Council minutes of the June 27, 2006 regular meeting, and payment of the attached list of bills with the following amendments to the agenda:
1.    Agenda item number 10, “North Park” and agenda item number 16, “Construction Site Runoff Ordinance” will be swapped.
2.    Item number 17, “Jefferson Point.” will be deleted and placed on the July 25 agenda.
3.    Item number 6, “City Administrator Contract Amendment” will be deleted.
4.    Item number 12, “Local Option Sales Tax Proposal from Iowa City Community School District Discussion.” will be deleted.
Salm moved approval of the consent agenda as written and the agenda with the amendments as listed,
1.    Agenda item number 10, “North Park” and agenda item number 16, “Construction Site Runoff Ordinance” will be swapped.
2.    Item number 17, “Jefferson Point.” will be deleted and placed on the July 25 agenda.
3.    Item number 6, “City Administrator Contract Amendment” will be deleted.
4.    Item number 12, “Local Option Sales Tax Proposal from Iowa City Community School District Discussion.” will be deleted.
After discussion, the vote was: ayes – Salm, Wozniak, Kuhl; nays – Moody, Bahl. Motion carried.

The Mayor moved “Official Announcements” before “Public Comment.”

Councilman Moody left at 7:08 p.m.

Official Announcements – Mayor Franker.
Paula Vincent, Clear Creek Amana Superintendent and Jim Seelman, Clear Creek Amana School Board President provided information regarding the new elementary school coming to North Liberty. They both thanked the Council and City Administrator, Brian James for their assistance in bringing the school to North Liberty.

Councilman Moody returned at 7:11 p.m.

Public Comment.
Suzanne Mitchell spoke regarding trouble with noise and disruption due to a bar in her neighborhood and showed a photo of a child sleeping with her ears covered.

Official Announcements—Mayor Franker.
Mayor Franker appointed Gerry Kuhl to serve on the Iowa City Coralville Convention and Visitor’s Bureau committee.

Mayor Franker announced the North Liberty Public Library has wireless internet service.

Regarding the Fox Valley development, the Mayor announced he signed the rezoning, RM-8, ordinance.  Due to his concerns regarding the last second announcement, connections of infrastructure with Coralville, road assessment, trail connections, and environmental concerns, he would not sign the resolution regarding the preliminary plat.  He did not veto it; however, he will not sign it to show his concerns.
Johnson County Fringe Area Agreement.
City Administrator James presented the Johnson County Fringe Area Agreement. The agreement is open ended.  County and City staff are working on a new map.  The draft copy is in Brian James’ office.  Suzette Wheeler, 3667 Murphy Court, spoke regarding her property. She resides within two miles of North Liberty and would prefer annexation to North Liberty rather than Coralville. Jim Seelman asked about the City and County having partnerships for maintaining gravel roads and ditches.  The public hearing was continued to the July 25, 2006 Council meeting.

Capital Improvements Planning.
City Administrator James presented the Capital Improvements Plan for FY 08 to FY 12.  Discussion was held regarding the plan.  Administrator James was requested to obtain the cost for a sight and sound barrier for Drinks Bar.

City Administrator Report.
City Administrator James updated Council regarding escrows held by the City.  Construction Inspector, Larry Trout, has been verifying items are complete and recommending release of escrow funds.

James provided information regarding the Fox Run/Scales Bend Road Project.  The permit from Johnson County to do work in the median has been issued.  Work is expected to be complete the week of July 17, 2006.

James reported that the wastewater treatment plant reported numbers look appropriate.  City staff and consultants will be traveling to Georgia the week of July 17 to visit Membrane Bioreactor Wastewater Treatment Plants.

James provided gallons of water pumped from July 1 to July 7.  The Mayor reminded residents of the voluntary water consumption plan that requests that odd numbered houses water grass only on odd numbered days and even numbered houses irrigate their grass on even numbered days.

James provided information regarding wireless internet services in Liberty Centre.

City Administrator James provided information regarding the Community Foundation of Johnson County. Council may be asked to consider creating their foundation/trust fund for donation recipients.

James reported he will be on vacation from July 22 to July 30.

Administrator James presented a dog bite situation that occurred in the City.  Discussion was held regarding potentially limiting breeds in the city limits, review of the current ordinance to ensure needs of citizens being met, and other related items.

Cole’s Quality Foods Agreement.
Joe Raso, ICAD President and Administrator James presented the agreement for TIF funds to Cole’s Quality Foods.  The agreement commits a $100,000, 36-month forgivable loan with the creation of 59 new jobs of $11.85 per hour starting wage and a minimum of $6,700,000 in capital investments.

At 8:15, the public hearing was opened regarding the agreement.  Raso acknowledged Mark Seckman, Priority One; Dennis Jordan, Priority One; and Dee Baird, Kirkwood Community College for their participation in finding a well qualified occupant for the structure. The public hearing was closed at 8:20 p.m.

Bahl moved, Wozniak seconded to approve Resolution Number 06-117, A Resolution Approving the Agreement between the City of North Liberty and Cole’s Quality Foods that sets forth the terms and conditions under which a tax increment financing grant will be awarded.  After discussion, the vote was: ayes – Wozniak, Kuhl, Moody, Bahl, Salm; nays – none. Motion carried.

Housing Trust Fund.
Andy Johnson, Executive Director of the Housing Trust Fund, presented the Johnson County Housing Trust Fund.

Kuhl moved, Bahl seconded to approve Resolution number 06-118, A Resolution to Recognize the Housing Trust Fund of Johnson County.  The vote was: ayes – Kuhl, Salm, Wozniak, Moody, Bahl; nays – none. Motion carried.

Moody moved, Kuhl seconded to approve Resolution number 06-119, A Resolution in Support of an Application by the Housing Trust Fund of Johnson County for Funds from the State Housing Trust Fund.  The vote was: ayes – Wozniak, Bahl, Moody, Salm, Kuhl; nays – none. Motion carried.

Construction Site Runoff Ordinance.
Bahl moved, Salm seconded to approve second consideration of Ordinance number 06-26, An Ordinance Amending Title 13, “Water, Sewers, and Public Services” of the North Liberty Municipal Code by adding a new Chapter 13.50, “Construction Site Erosion and Sediment Control,” to Establish Rules and Regulations to control or eliminate storm water pollution along with soil erosion and sedimentation within the City of North Liberty. The vote was: ayes – Moody, Wozniak, Bahl, Kuhl, Salm; nays – none. Motion carried.

City Attorney RFQ.
Discussion was held regarding the proposed City Attorney RFQ draft as presented by Administrator James.

Bahl moved, Moody seconded to approve Resolution number 06-120, A Resolution Approving the Request for Qualifications for City Attorney Services. The vote was: ayes – Moody, Kuhl, Bahl, Wozniak, Salm; nays – none. Motion carried.

Comprehensive Park Plan.
Assistant City Administrator Mulcahey presented the contract with RDG Planning and Design for Comprehensive Park Plan Services.

Mayor Franker indicated he has created the advisory committee for the plan that includes Guy Goldsmith, Shelly Simpson, Jim Wozniak, Dr. Amy Anderson, someone from the disability community, Barb Lind, Larry Pacha, and Bill Keisel.

Wozniak moved, Salm seconded to approve Resolution number 06-121, A Resolution Approving the Contract with RDG Planning and Design for Comprehensive Park Plan Services.  The vote was: ayes – Kuhl, Bahl, Wozniak, Salm, Moody; nays – none. Motion carried.

John Huffaker from the Parks and Recreation Commission spoke regarding RDG and their qualifications.

Confidential Emergency Preparedness Policy.
Administrator James presented the Confidential Emergency Preparedness Policy. The policy is necessary as state code changes have repealed protection of critical city information including emergency contingency plans.

Wozniak moved, Salm seconded to adopt the Confidential Emergency Preparedness Policy. The vote was: ayes – Bahl, Wozniak, Salm, Moody, Kuhl; nays – none. Motion carried.

Liberty’s Gate, Part 10.
Bahl moved, Salm seconded to approve Resolution number 06-122, A Resolution Accepting Property Improvements in Liberty’s Gate, Part 10. The vote was: ayes – Kuhl, Moody, Wozniak, Bahl, Salm; nays – none. Motion carried.

North Park.
Administrator James presented the agreement as negotiated by staff and the developer.

Bahl moved, Salm seconded to approve Resolution number 06-104, A Resolution Approving the Developer’s Agreement between the City of North Liberty and CJ’s Construction that sets forth the terms and conditions under which North Park will be developed in the City of North Liberty, Iowa.  After discussion, the vote was: ayes – Bahl, Moody, Salm; nays – Kuhl, Wozniak. Motion carried.

Liberty’s Gate, Part Nine, Lot One.
Kuhl moved, Bahl seconded to approve the third consideration and adoption of Ordinance number 06-25, An Ordinance Approving the Variances to the North Liberty Zoning Code set forth in the Planned Area Development Plan for Liberty’s Gate, Part Nine, Lot One, North Liberty, Iowa subject to the following items being included in the plan:
1.    showing the existing street lights
2.    revising the note on the plat to reflect 30 foot setbacks on the eight plex.
The vote was ayes—Moody, Kuhl, Bahl, Wozniak, Salm; nays – none.  Motion carried.

Council Comments.
Councilman Kuhl left the meeting at 9:03 p.m.

Councilman Bahl reported he will not be at the meeting on July 25.

Councilman Salm reported that the traffic counts for Highway 965 are complete.  The next meeting will be scheduled for early in August.

Councilman Moody discussed the Local Option Sales Tax agenda item that was removed from the agenda.  He inquired about the agenda setting procedure.

Councilman Wozniak indicated he is looking forward to serving on the Park Comprehensive Plan Steering Committee.  He reported on the JCCOG meeting regarding the Forevergreen Road extension.  An August 30 meeting will be held with North Liberty, Coralville, and Johnson County presenting growth plans for the area.

Mayor Comments.
Mayor Franker thanked citizens for complying with the voluntary water conservation request.

Meeting adjourned.