City Council Minutes July 25, 2006

July 25, 2006
No. 2

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

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

Also present were Tracey Mulcahey, Kevin Trom, Tom Palmer, Tommy Haines, Bill Mausser, Lane Plugge, Paula Vincent, Brent Smith, Sara Day, Lisa Green Douglas, Dan Schaapveld, Rachel Gallegos, Doug Lindner, Duane Musser, Peg Griffin-Wood, Jessie Burns, and other interested citizens.

Consent agenda. Kuhl moved, Wozniak seconded to approve the Police Chief’s Report, Library Director’s Report, Planning and Zoning Commission Minutes, City Council minutes of the July 11, 2006 regular meeting and payment of the attached list of bills.

The vote was: ayes – Moody, Salm, Wozniak, Kuhl; nays-  none; absent – Bahl. Motion carried.

SILO – School Infrastructure Local Option Sales Tax.
Superintendent Lane Plugge presented information regarding the SILO opportunity for school districts.  97 of Iowa’s 99 counties currently participate in SILO.  SILO has an incentive program in place now to attract the final two counties into the program. The first five years of the ten year program, the school district will be able to keep 100% of the SILO funds raised in their school district.  After the incentive period ends, the school district maximum receipt is limited to $570 per pupil with all remaining overages going to the state for equalization of funds statewide.  Plugge estimated the revenue at $87,000,000 over 10 years for the Iowa City Community School District.  The school district plans to use the funds for technology, two new elementary schools, classroom expansion at North Central Jr. High, reducing the PPEL (Physical Plant and Equipment Levy) list and a new high school or additions to existing high schools.

Council consensus was essentially in support of the school seeking SILO. If the school district decides to share funds with any city, the city of North Liberty would like to involved in the discussion regarding sharing.

Public Comment.
Sara Day presented Council with regarding the pit bull breed ban discussion.  She is a member of an organization called SPEAK that provides pet education to citizens and children.  Day presented information to Council regarding Nevada’s program regarding dog bites.

Brent Smith, 1640 Vandello Circle, encouraged the school to strongly consider sharing the SILO funds in support of the Johnson County Communications Center.

Johnson County Fringe Area Agreement.
The Mayor announced the continuation of the public hearing regarding the Johnson County Fringe Area Agreement.  No public comments were received. Mayor Franker announced the public hearing will be continued to the August 8 Council meeting.

Official Announcements – Mayor Franker.
Mayor Franker announced the appointments of Dr. Sara Vanartz, Michelle Steinus, Adam McGlaughlin, and representatives from NLYBS and Babe Ruth.

Mayor Franker announced the $870,000 appropriation bill for Highway 965 improvements.  He thanked Jim Wozniak, James Moody, Brian James, and Mary K. Mitchell for their assistance in receiving the funds.

City Administrator Report.
Assistant City Administrator Mulcahey presented information about the following:
1.    Escrow Report.  Four escrows have been closed out in the month of June and many others are being inspected for close out as well.
2.    Water Usage. Council received the water pumpage report in their packet.
3.    North Trail. Council agreed to have a ribbon cutting for the North Trail Project.
4.    Liberty Centre.  Mulcahey thanked the volunteers that planted 7,000 plants in Liberty Centre last week.
5.    NIMS Training.  Training will be held on August 15 and August 28.  Times will be announced later. This training will meet the requirements for Council members.

West Trunk Sewer Agreement.
Mulcahey presented the West Trunk Sewer Agreement for a sewer main easement across TL & L’s property. The City will be paying $50,000 per acre for the permanent easement (6.248 acres) and $4,500 per acre for the temporary easement (6.087 acres) and crop damages in an undetermined amount for a total of $339,791.50 plus crop damages.

Kuhl moved, Wozniak seconded to approve Resolution Number 06-123, A Resolution Approving the Agreement between the City of North Liberty and T L & L for the West Trunk Sewer Main Easement with the final sentence in section 4B being deleted and language added to refer to the attached exhibit.  After discussion, the vote was: ayes – Salm, Wozniak, Kuhl, Moody; nays – none, absent – Bahl.  Motion carried.

Approval of Development Agreement with Clear Creek Amana School District.
Mulcahey presented the agreement with Clear Creek Amana for infrastructure improvements. The City would exercise their option to purchase the land from the developer for $1 and would deed the land to the school district. The City would be responsible for paving 270th Street at an estimated cost of $545,500. The City’s portion would have been 33% of the costs. With the land acquisition and deed, the City’s cost goes to 66.5% of the project. The final 1/3 will be funded through development on the South side of 270th when it occurs.  The City would also be responsible for ensuring that sewer and water service is available at the property.  Other future negotiation items include sidewalks, before-after school program facilities and other recreation facilities.  CCA Superintendent Vincent reported that the District has approved the agreement as written.

Kuhl moved, Wozniak seconded to approve Resolution Number 06-125, A Resolution Approving the Development Agreement between the City of North Liberty and Clear Creek Amana School District for funding of infrastructure improvements.  After discussion, the vote was: ayes – Wozniak, Kuhl, Moody, Salm; nays – none; absent – Bahl. Motion carried.

Extra-wide Sidewalk Construction Project on Scales Bend Road.
Mulcahey presented the cost estimate of $47,733 for the extra-wide sidewalk project, including engineering, on Scales Bend Road.  Savings will come from Street Department Assistance.  Development fees will fund the project.

Moody moved, Kuhl seconded to approve Resolution Number 06-126, A Resolution Authorizing the Extra-wide sidewalk Construction Project on Scales Bend Road.  After discussion, the vote was: ayes – Kuhl, Salm, Wozniak, Moody; nays – none; absent – Bahl.  Motion carried.

North Liberty Tennis Center.
The public hearing was held regarding the proposed plans, specifications, form of contract, and estimated cost of the 2006 North Liberty Tennis Center.

Moody moved, Wozniak seconded to approve Resolution Number 06-127, A Resolution Approving Plans, Specifications, Form of Contract and Estimate of Cost for the 2006 North Liberty Tennis Center.  The vote was: ayes – Wozniak, Moody, Salm, Kuhl; nays – none; absent – Bahl. Motion carried.

Mulcahey presented the bids for the 2006 North Liberty Tennis Center.

Name     Base Bid    Alternate 1    Alternate 2    Alternate 3
LL Pelling    265,000    15,000    7,100    4,600
Veith Construction    288,951    14,575    6,750    4,350

The City Engineer, Kevin Trom, recommended the bid from LL Pelling for the base bid and alternates 2 and 3.

Kuhl moved, Wozniak seconded to approve Resolution Number 06-128, A Resolution Awarding the Bid for the 2006 North Liberty Tennis Center for the base bid and alternates 2 &3.  The vote was: ayes – Moody, Salm, Kuhl, Wozniak; nays – none; absent – Bahl. Motion carried.

Water Plant Filter Project.
Mayor Franker opened the public hearing regarding the proposed plans, specifications, form of contract and estimated cost of the Water Plant Filter project.  No oral or written comments were received.  The public hearing was closed.

Kuhl moved, Moody seconded to approve Resolution Number 06-129, A Resolution Approving Plans, Specifications, Form of Contract and Estimate of Cost for the Water Plant Filter project.  The vote was: ayes – Moody, Kuhl, Wozniak, Salm; nays – none; absent – Bahl. Motion carried.

Moody moved, Kuhl seconded to approve Resolution Number 06-130, A Resolution Awarding the Bid for the Water Plant Filter project to Hometown Plumbing for $63,000.   The vote was: ayes – Wozniak, Kuhl, Salm, Moody; nays – none; absent – Bahl. Motion carried.

Saints Corridor Commercial Subdivision, Part One.
Salm moved, Moody seconded to approve Resolution Number 06-131, A Resolution Approving a Water Main Easement Agreement between the City of North Liberty and Saints Corridor Investments, LC.  The vote was: ayes – Wozniak, Salm, Moody, Kuhl; nays – none; absent – Bahl. Motion carried.

Construction Site Runoff Ordinance.
Kuhl moved, Salm seconded to approve the third consideration and adoption 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 – Kuhl, Moody, Wozniak, Salm; nays – none; absent – Bahl. Motion carried.

Liberty View.
Salm moved, Wozniak seconded to approve Resolution Number 06-132, A Resolution Approving an Extension of the Developer’s Agreement for Liberty View from March 23, 2006 to July 25, 2007.  After discussion, the vote was: ayes – Moody, Wozniak, Kuhl, Salm; nays – none; absent – Bahl. Motion carried.

Common Threads Quilt Shoppe.
Duane Musser, MMS Consultants, Peg Griffin-Wood, Common Threads Quilt Shoppe presented the site plan for the proposed commercial development at the north east corner of the intersection of Zeller and Highway 965.

The Planning and Zoning Commission recommends approval of the site plan with the addition of brick on he southeast wall, revised color site plans with additional windows, and  changing the roof color to match the trim.  Staff recommends approval as well.

Kuhl moved, Salm seconded to approve Resolution Number 06-133, A Resolution Approving the Site Plan for Common Threads Quilt Shoppe.  After discussion, the vote was: ayes – Salm, Kuhl, Wozniak, Moody; nays – none; absent – Bahl.  Motion carried.

6 Hawkeye Drive and 8 Hawkeye Drive.
The Master Sign Permit applications for 6 Hawkeye Drive and 8 Hawkeye Drive were presented.

The Planning and Zoning Commission and staff recommend approval.

Moody moved, Salm seconded to approve Resolution Number 06-134, A Resolution Approving the Master Sign Permit for 6 Hawkeye Drive.  The vote was: ayes –Moody, Kuhl, Wozniak, Salm; nays –none; absent – Bahl.  Motion carried.

Moody moved, Salm seconded to approve Resolution Number 06-135, A Resolution Approving the Master Sign Permit for 8 Hawkeye Drive. The vote was:  ayes – Kuhl, Salm, Moody, Wozniak; nays – none; absent – Bahl. Motion carried.

Liberty’s Gate, Part 10, Lot 1.
The revised elevations for Liberty’s Gate, Part 10, Lot 1 were presented.  The Planning and Zoning Commission and Staff recommend approval.

Salm moved, Kuhl seconded to approve Resolution Number 06-136, A Resolution Approving the changes to the elevations of a building at Liberty’s Gate, Part 10, Lot 1.  After discussion, the vote was: ayes – Moody, Kuhl, Wozniak, Salm; nays – none; absent – Bahl. Motion carried.

Liberty’s Gate, Part 7.
Moody moved, Salm seconded to approve Resolution Number 06-137, A Resolution Accepting Improvements in Liberty’s Gate, Part 7.  After discussion, the vote was: ayes – Kuhl, Moody, Wozniak, Salm; nays – none; absent – Bahl. Motion carried.

Liberty’s Gate, Part 9.
Moody moved, Salm seconded to approve Resolution Number 06-138, A Resolution Accepting Improvements in Liberty’s Gate, Part 9.  After discussion, the vote was: ayes – Kuhl, Moody, Salm, Wozniak; nays – none; absent – Bahl. Motion carried.

Cedar Springs, Part 6.
Moody moved, Kuhl seconded to approve Resolution Number 06-139, A Resolution Approving the Developer’s Agreement between Cedar Springs Partners LLC and the City of North Liberty, Iowa setting forth the terms and conditions for the development of Cedar Springs, Part 6.

The vote was: ayes – Salm, Moody, Kuhl; nays – Wozniak; absent – Bahl. Motion carried.

Jefferson Point.
Kuhl moved, Salm seconded to approve the third consideration and adoption of Ordinance number 06-24, An Ordinance Approving the variances to the North Liberty Zoning Code set forth in the Planned Area Development Plan for Jefferson Point located at 45 W. Jefferson Street, North Liberty, Iowa with the following conditions:
1.    subject the old Planned Area Development being vacated
2.    masonry component being added to the front of the building
3.    approve the variance to the parking to allow 24 spaces instead of the 32 spaces required by code.
The vote was: ayes – Kuhl, Moody, Wozniak, Salm; nays – none; absent – Bahl. Motion carried.

Council Comments.
Councilman Moody encouraged Council to attend the Iowa League of Cities conference in Coralville in September.  He addressed the Washington trip.  He requested a closed session to complete the City Administrator review on the next agenda.

Councilman Salm reported on traffic counts for Highway 965. The next Highway 965 Task Force meeting will be set in the next few weeks.  He has received many emails regarding the pit bull discussion that encourages pet owner ordinances versus breed specific ordinances.

Councilman Wozniak reported he contacted Rep. Leach’s office regarding the appropriations bill.  He is on the Communications Center Subcommittee for JCCOG.

Councilman Kuhl reported that he attended the Chamber lunch and read the Mayor’s statement.  He reported that Travis Alden is leaving North Liberty to be the Community Development Director in Cedar County.

Mayor Comments.
Mayor Franker thanked Supt. Plugge for joining the Council.  He reminded Council of the Joint Meeting on August 2 at 4:30 p.m. in Coralville.  He thanked Supt. Vincent and School Board Member Schaapveld for attending the meeting.  The Steering Committee for the Parks Comprehensive Plan will meet on August 3 from 5:30 to 7:00 p.m.  The North Central Jr. High Open House will be on August 14 from 6 -8 p.m. He thanked the citizens for reducing water usage.

Meeting adjourned at 8:57 p.m.