City Council Minutes August 8, 2006

August 8, 2006
No. 3

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

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

Also present were Brian James, Tracey Mulcahey, Bill Sueppel, Kevin Trom, Tom Palmer, Tommy Haines, Bill Mausser, Willie Barney, Kevin Monson, George Farkas, Suzanne Mitchell, Lisa Gumper, Bruce Brechtel, Lisa Brechtel, Megan Mitchell, Shawn Krantz, Janet Lubben, Tom Brase, Dave Ramsey, Steve Troyer, Duane Musser, Kevin O’Brien, Nate Bernacki, and other interested citizens.

Consent agenda. Bahl moved, Moody seconded to approve Department Head Reports, Parks and Recreation Commission minutes, Tree and Stormwater Advisory Board minutes, Planning and Zoning Commission minutes, Liquor License renewal for Gasby’s of Class C Beer/Sunday Sales, City Council minutes of the July 25, 2006 regular meeting and payment of the attached list of bills.

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

North Central Junior High School.
Kevin Monson of Neumann Monson Architects and Willie Barney presented the new North Central Junior High School.  They announced the open house on Monday, August 14 from 4 to 7 p.m.

Public Comment.
George Farkas who owns buildings on South Chestnut spoke regarding the renewal of the Drinks liquor license and expressed opposition to the noise.

Suzanne Mitchell, 175 Juniper Court, expressed concerns regarding the renewal of Drinks liquor License.

Lisa Gumper, 245 Juniper Court, requested a further search of police reports regarding Drinks complaints.
Bruce Brechtel, 155 Juniper Court, requested council vote no for the liquor license renewal and asked  Council to consider zoning to limit bar locations in relation to residential neighborhoods.

Lisa Brechtel, 155 Juniper Court, presented photos of a child sleeping with her ears covered and asked Council to vote no for the Drinks renewal.

Jim Mitchell, 175 Juniper Court, expressed feelings regarding Drinks.

Megan Mitchell, 175 Juniper Court, expressed concerns regarding noise at night from Drinks.

Shawn Krantz, 525 N. Dubuque Street, the owner of Drinks, disputed information regarding the running of his bar.

Janet Lubben who is moving to North Liberty will be living above Drinks Bar.  She stated that she chose her apartment because it is above a bar and she appreciates the noise and obnoxiousness.

Official Announcements – Mayor Franker.
Mayor Franker reported on the Muddy Creek Committee Meeting.  The committee is working with Earthview to draft grant applications to clean up Muddy Creek.

Mayor Franker reported the city’s receipt of a $550,000 State Revolving Fund zero interest planning and design loan.

Tom Salm: Highway 965 Task Force Report.
Councilman Salm reported that the next Highway 965 Task Force meeting will be held on Wednesday, August 23 at 6 p.m. in Council Chambers.  The Task Force will be discussing traffic counts, overlay districts, the $870,000 earmark for Golfview/Fairview realignment, and may have a guest speaker.

Tom Brase, Director Johnson County SEATS Service.
Tom Brase presented Council with information regarding the requirement of having daily SEATS service if we have daily transit service.  SEATS service provides Americans with Disabilities Act services to Johnson County residents on a door to door basis rather than a fixed route.  Residents wanting additional information regarding SEATS should contact City Hall or Johnson County SEATS.

City Administrator Report.
A.    Drinks’ Liquor License Report.  Staff reviewed the number of calls for service to the Police department since the opening of Drinks.  Sixty-eight calls for service were found relating to the facility.  Staff recommended the installation of a fence, reducing calls for service by not serving intoxicated individuals, and training staff to recognize intoxication.  The owner, Shawn Krantz, has agreed to these conditions. Action will be required by Council on August 22 regarding the renewal.
B.    Waste Water Trip Report: Dave Ramsey.  Waste water superintendent Dave Ramsey presented information regarding the waste water trip to Georgia to visit Membrane Bioreactor Plants.
C.    West Trunk Sewer Line.  Administrator James reported he had nothing new to report. He provided an estimated completion date of  Spring to early Summer.
D.    Water System Usage.  Administrator James reported on the numbers reported by the water department for usage.  Weather is making it difficult to see if residents are really using less or if the voluntary water restriction is working.
E.    NIMS Training.  City staff and elected officials will have the opportunity to have classroom NIMS Training on Tuesday, August 15 and Monday, August 28 from 6-10p.m. at the Community Center.
F.    Left Turn Report: Highway 965.  The report was done in 2006 that demonstrated the need for protected left turn signals at Penn and Hwy. 965.  New traffic counts may demonstrate a need for protected lefts at other intersections.
G.    2005 Sidewalk Program.  All sidewalks are in except in Deerfield. The owner will have it completed by the end of the year or the City will install it.
H.    Phase II Community Center Project.  The last payment will be made soon. There was a discrepancy in the final bill. Snow blocks are change order to original contract.
I.    Scales Bend Median Improvements and Sidewalk Project.  Administrator James thanked Street Superintendent Don Colony for completing the median improvements.  Colony is moving forward with the sidewalk project.
J.    Transit Report.  Administrator James has received information from Coralville about routes and timing.  Timing needs work to ensure meeting needs of users.  Since fuel costs are up, cost is higher. The agreement should be ready for the next meeting.
K.    North Trail Project.  The gap on Dubuque Street should be completed in the next few days before school starts.

Johnson County Fringe Area Agreement.
The public hearing was continued regarding the Johnson County Fringe Area agreement.  No oral or written comments were received. The public hearing was closed.  Council will be reviewing the language in the agreement at the next meeting.

State Revolving Loan Fund.
Mayor Franker opened the public hearing regarding the proposed improvements to the North Liberty Wastewater Treatment Facility in North Liberty, Iowa to be financed through a loan from the Iowa Clean Water Revolving Fund (SRF).  Steve Troyer from Fox Engineering presented information relating to the Membrane Bioreactor process update to the Sanitary Sewer Treatment Plant.  The existing plant is nearing capacity and has had solids violations.  The March 2006 facilities plan identified the membrane bioreactor process as the first phase of the upgrades to the facility.   The engineer’s cost estimate for the project is $7,243,000.  Fox Engineering is in the process of applying on behalf of the City for placement on the Intended Use Plan in September.  Sewer use charges will be used to repay the loan.  The environmental impacts of the update include improved effluent and maintaining the existing site. Environmental and historical comments received have indicated no areas of concern.  No written or oral public comments were received regarding the project.

Grand North Plaza.
Duane Musser and Kevin O’Brien presented the proposed revisions to the preliminary plat for Grand North Plaza.  The developer is proposing lining up the private drive in Grand North Plaza with Community Drive.  The traffic study requested by JCCOG and the City is still being completed.  JCCOG recommended offset alignment of the street for Grand North Plaza.

Council was polled for a consensus.  Kuhl stated his support of lining up the drives with an east drive on Lot 1 with a potential traffic control signal paid for by the developer.   He requested that traffic be slowed on Community Drive.  Salm stated his support for providing a straight through connection with an alternate drive on the east. Bahl stated the City has been working to avoid offset intersections.  Moody stated his dislike for offset intersections.  Wozniak stated that Community Drive should not be a thoroughfare and no matter where the street in the development is placed, it could cause a problem.

The revised preliminary plat will be presented to Council on August 22.

Jefferson Point..
Mayor Franker opened the public hearing regarding the partial vacation of the Planned Area Development for Jefferson Point, Lots 2-5.  No oral or written comments were received.  The public hearing was closed.

Bahl moved, Moody seconded to approve Resolution Number 06-140, A Resolution Approving the Partial Vacation of the Planned Area Development for Jefferson Point, Lots 2-5 Approved by the North Liberty City Council on April 8, 2003 in Ordinance Number 03-10. The vote was: ayes – Salm, Wozniak, Kuhl, Moody Bahl; nays – none.  Motion carried.

Fairwind Subdivision..
Mayor Franker opened the public hearing regarding the vacation of the Final Plat for Fairwind Subdivision.   No oral or written comments were received. The public hearing was closed.

Moody moved, Bahl seconded to approve Resolution Number 06-141, A Resolution Approving the Vacation of the Final Plat for Fairwind Subdivision.  The vote was:  ayes – Moody, Bahl, Salm, Wozniak, Kuhl; nays – none. Motion carried.

Creekside Right-of-Way.
Mayor Franker opened the public hearing regarding the vacation of the Right-of-Way for property abutting Vandello Drive located in Creekside Subdivision, Part 5.  Duane Musser, MMS Consultants presented that due to several errors on the engineer, City staff, and builder the foundation is approximately a foot into the setback.  The builder is requesting the vacation of forty-one square feet of the right-of-way.  No written or oral comments were received. The public hearing was closed.

City Administrator James recommended the City receive compensation for the property taking.  He recommended approximately $2.00 per square foot for a cost of $82.

Kuhl moved to table Creekside Right-of-Way vacation, Wozniak seconded.  After discussion, the vote was: ayes – Kuhl; nays – Bahl, Wozniak, Moody, Salm.  Motion failed.

Salm moved, Bahl seconded to approve Resolution Number 06-142,  A Resolution Vacating a Portion of the Street Right-of-Way abutting Vandello Drive located in Creekside Subdivision, Part 5, North Liberty, Iowa and Disposing of said Property by Quit Claim Deed to the Adjoining Property Owners for the sum of $82.  After discussion, the vote was: ayes – Salm, Moody, Wozniak, Bahl, Kuhl; nays – none. Motion carried.

Broadmoor Estates, Part 6.
City Administrator James presented issues regarding the pond on Outlot A, Broadmoor Estates, Part 6.

Moody moved, Salm seconded to table discussion regarding Outlot A, Broadmoor Estates, Part 6.  The vote was: ayes – Wozniak, Salm, Moody, Kuhl, Bahl; nays – none. Motion carried.

585 Highway 965.
The master sign permit for 585 Highway 965 was presented.  The Planning and Zoning Commission and Staff recommend approval of the sign permit.

Bahl moved, Wozniak seconded to approve Resolution Number 06-144, A Resolution Approving the Master Sign Permit for 585 Highway 965, North Liberty Iowa. The vote was: ayes – Salm, Moody, Kuhl, Bahl, Wozniak; nays – none. Motion carried.

West Lake Addition, Part 5A, Lot 92.
Duane Musser presented the request of JDHP Development’s request to approve a site plan for West Lake Addition, Part 5A, Lot 92.

The Planning and Zoning Commission recommend approval subject to removing dumpster and the development participates in the curb side recycling program, and adding more architectural elements to the color elevation drawing for the building that faces Kansas Avenue prior to the City Council meeting.  Staff concurred with the Commission.

Bahl moved, Salm seconded to approve Resolution Number 06-146, A Resolution Approving the Site Plan for West Lake Addition, Part 5A, Lot 92, North Liberty, Iowa with the recommendations of the Planning and Zoning Commission: removal of dumpster, development participating in curb side recycling program, and adding more architectural elements to the color elevation drawing for the building that faces Kansas Avenue prior to a building permit being granted.  After discussion the vote was: ayes – Moody, Kuhl, Bahl, Wozniak, Salm; nays – none. Motion carried.

Liberty Medical and Commerce.
Nate Bernacki of Excel Builders presented the Site Plans for Liberty Medical and Commerce, Lots 4 and 5.

The Planning and Zoning Commission and staff recommend approval of the site plans.
Moody moved, Wozniak seconded to approve Resolution Number 06-147, A Resolution Approving the Site Plan for Liberty Medical and Commerce, Lot 4.  The vote was: ayes – Kuhl, Bahl, Wozniak, Salm, Moody; nays – none. Motion carried.

Moody moved, Bahl seconded to approve Resolution Number 06-148, A Resolution Approving the Site Plan for Liberty Medical and Commerce, Lot 5. The vote was:  ayes – Bahl, Wozniak, Salm, Moody, Kuhl; nays – none. Motion carried.

North Liberty Fringe Area Subdivision Review.
The Planning and Zoning Commission recommends to Council that waive subdivision requirements for Austin Estates in Johnson County.

Moody moved, Bahl seconded to waive subdivision requirements for the Johnson County subdivision of Austin Estates.  The vote was: ayes – Bahl, Salm, Kuhl, Wozniak, Moody; nays—none. Motion carried.

Council Comments.
Councilman Bahl requested that the vicious dog ordinance be handled as a review of current pet ordinances rather than breed specific.

Councilman Moody reported that Johnson County is finalizing the Human Rights ordinance and Council will be asked to consider it when complete.

Councilman Salm reported on the water overflow from the water tower is due to the high demand for water.  The water department works to keep ahead of the demands. If the pumps are running when the softening process starts, some overflow from the tower can occur as the pumps can not shut off during the softening process.

Councilman Wozniak reported on the success of the first meeting of the Parks Comprehensive Plan Steering Committee.

Councilman Kuhl reported that he is receiving a large volume of emails relating to weeds on lots and striping of streets and intersections.  He reported on the Joint Meeting of elected officials. He inquired if the fire department is seeking grants for smoke detectors like the Cedar Rapids Fire Dept. did.

Mayor Comments.
Mayor Franker report the North Central Jr. High Open House will be on August 14 from 4 -6 p.m.

Meeting recessed at 10:00 p.m.

Meeting reconvened at 10:05 p.m.  Moody moved, Bahl seconded to go into closed session as according to Iowa State Code Section 21.5 (j), to discuss the purchase of particular real estate where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property.  The vote was: ayes – Bahl, Kuhl, Moody, Salm, Wozniak, nays – none. Motion carried.

At 10:25 p.m., the meeting moved into closed session according to Iowa State Code section 21.5 (i) to evaluate the professional competency of an individual in relation to the City Administrator’s Evaluation.

Meeting adjourned.