City Council Minutes September 12, 2006

 September 12, 2006
No. 5

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

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

Also present: Brian James, Scott Peterson, Kevin Trom, Tommy Haines, Bill Mausser, Natlie Wilkerson, George Farkus, Suzanne Mitchell, Bruce and Lisa Brechtel, Rich Webster, Shawn Krantz, Duane Musser, Adam Bohr, John Weis, Forest Leveille, Teri Snell, other concerned citizens.

Consent agenda.  Salm moved, seconded by Kuhl, to approve Police Chief report, Building Official report, Street Superintendent report, Park Superintendent report, Recreation Director report, Telecommunication Coordinator report, Water Superintendent report, Wastewater Superintendent report, Park and Recreation Commission Minutes, Planning and Zoning Commission Minutes, Liquor License for Cigarette Outlet #12, Class E Liquor License, Liquor License for Johncy’s Liquor Store, Class E Liquor License, Resolution Number 06-155, Resolution Approving Street Lights in Saints Corridor Commercial Park, Part 1 (Revised), City Council minutes of August 22, 2006, Regular Meeting and payments of the attached list of bills.  During discussion, Kuhl requested an explanation of the stolen electrical hoist that is referenced in the Wastewater Superintendent Report; explanation of the deficit reported on the Aquatic and Community Center Report; Council member Wozinak would like new Liquor License Applications listed as its own item on the Agenda, and to remove agenda item number 9.  After discussion, the vote was: ayes—Bahl, Kuhl, Moody, Salm, Wozinak; nays—none.  Motion carried.

Public Comment: Natlie Wilkerson: 5 East Zeller, thanked everyone who participated in the food drive of September 9th   and reported a great success.

John Weis, 870 St. Andrews Drive: thanked Mayor Franker on the good job that he is doing.  Kuhl was also thanked for his job as Mayor Pro-Tem.

Forrest Leveille, 855 St. Andrews Drive: questioned Council Member Bahl on the election appeal and wanted clarity on if he was going to continue to appeal or accept the courts decision.

Teri Snell, 275 Fox Run: questioned the appeal of the election by Council Member Bahl.  She would like to move forward.

Official Announcement—Mayor Franker: the Iowa City School District has a series of  scenarios  for consideration with respect on how best to make use of existing facilities at the current High Schools.  The scenarios are on the website and the Mayor encouraged  interested citizens to visit the website.

City Administrator Report:
Telecommunications Wireless Report.   James reviewed a memo from Media Coordinator Laura Bergus that compared two proposals for limited outdoor wireless internet access.  Coverage areas would include Liberty Centre Park, Penn Meadows Park and the area around City Hall and the Public Safety/Council Chambers building.

Salm suggested going with Bergus’ recommendation, which is to use South Slope DSL with wireless access points for limited coverage areas.

Kuhl noted that the two proposals were for different technologies.  James said that the City would own the equipment from cFree, but South Slope would retain ownership of the equipment for these three locations.

Wozinak said that purchasing the equipment, as in the cFree  proposal, would enable the City to expand wireless internet service in the future.

Bahl expresses concerns with the City competing with South Slope in offering such a service.

Moody noted that the service the City would be offer would be outside exclusively, and is not intended to compete with South Slope.

Franker directed James to follow up with the City Attorney as to the future implications of each proposal, considering that the City may or may not own the equipment, and considering the possibility of competing with private business in offering outdoor wireless internet access.

Left Turn Report:  The council was given a report from Anissa Williams, Traffic Engineer Planner for Johnson County Council of Governments.

West Trunk Line Project: City has a verbal agreement on the compensation for crop damage and is working on completing the legal descriptions.   Property owners will have individual meetings with City Staff when easements are obtained.  Council wants this project expedited due to the sewer gas odors on Saint Andrews Drive.

Phase II Community Center Project: The final payment is being approved tonight.  There is a problem on the roof and James has contacted McComas Lacina to get the problem corrected.

Proposed Budget Timeline: Work Session will be October 17, 2006.

Sidewalk at 1490 Velvet Lane is to be installed before the end of the year.

Highway 965 Task Force Report: Councilor Tom Salm reported that a work session is scheduled for the Request for Qualifications for guideline for Highway 965.  The committee is working with Coralville on the design.  Salm will get the date of the work session out to everyone.

City Attorney Compensation:  Moody moved, seconded by Bahl, to approve Resolution Number 06-156, A Resolution Approving the City Attorney Compensation subject to changing the contract ending date to June 30, 2007.  After discussion, the vote was: ayes—Kuhl, Bahl, Wozinak, Moody, Salm; nays—none.  Motion carried.

Tree and Stormwater Board Appointment.  Aaron Granquist introduced himself to the Mayor and Council, and asked questions on the roll of the Tree and Stormwater Board.

Kuhl moved, seconded by Bahl, to appoint Aaron Granquist to the Tree and Stormwater Board.  After discussion, the vote was: ayes—Kuhl, Bahl, Wozinak, Moody, Salm; nays—none.  Motion carried.

Drinks Liquor License.
George Farkus, 1456 Eastview Drive, Coralville, IA: owns two four-plexes approximately 120 feet from Drinks.  Farkus once again reviewed the police calls to Drinks and asked the Council not to renew the Liquor License.

Suzanne Mitchell, 175 Juniper Court: thanked the citizens in the community for their support in this effort.  She has counted eight incidents since the last council meeting.  She would like the Council to approve a 6 month Liquor License and have meetings periodically with Drinks staff, City Administration and neighbors to keep working out issues.

Joe Gumpper, 245 Juniper Court: feels that Drinks may be a business in North Liberty, but not a part of the Community.

Lisa Brechtel, 155 Juniper Court: filed a petition opposing the current location of Drinks Bar with 93 signatures.

Bruce Brechtel, 155 Juniper Court: wanted to remind the council, “what if this was in your backyard.”

Rich Webster, Attorney for Drinks, emphasized that Drinks did everything required by the North Liberty Zoning and Building Codes prior to locating their business at this location.  Since the complaints on noise have become an issue, his client has added security people and video cameras in the parking lot.  He would like to sit down with neighbors to work something out.

The council members had a discussion on a proposed fence to be placed between the houses on Juniper Court and Drinks Bar.  The cost is estimated at $15,000.00.  It was the consensus of the Council to make no monetary contribution to this fence.

The Council would like 5 parking spaces removed so car lights will not be shining into the homes of the neighbors.

Kuhl moved, seconded by Wozinak, to approve Resolution No. 06-149, A Resolution approving a six month Liquor License for Drinks Neighborhood Pub subject to a reduction in calls for service on noise complaints, fights and public intoxication by not serving alcohol to intoxicated persons, and a committee of neighbors, City Staff, and Drinks Pub Staff meeting to resolve matters of the last six months.  After discussion, the vote was: ayes—Wozinak, Moody, Kuhl, Bahl; nays—Salm.  Motion carried.

Johnson County Fringe Area Agreement:  Wozinak moved, seconded by Bahl, to approve Resolution number 06-158, A Resolution Approving the Fringe Area Policy Agreement between the City of North Liberty and Johnson County that Establishes the Extraterritorial Area and the Policies for Review of Development in that Area.  After discussion, the vote was: ayes—Kuhl, Bahl, Wozniak, Salm, Moody; nays—none.  Motion carried.

Housing Rehabilitation Application:   Kuhl moved, seconded by Moody, to approve Resolution Number 06-159, A Resolution Approving the Service Agreement with East Central Iowa Council of Governments for Grant Writing Service for the Owner-Occupied Housing Rehabilitation Application to the Iowa Department of Economic Development.
After discussion, the vote was: ayes—Kuhl, Bahl, Wozinak, Salm, Moody; nays—none.  Motion carried.

State Revolving Fund Loan (Planning and Design):  Moody moved, seconded by Wozinak, to approve Resolution Number 06-166, A Resolution to fix a date for a Public Hearing on a Sewer Revenue Loan and Disbursement Agreement for September 26, 2006.  After discussion, the vote was: ayes—Kuhl, Bahl, Wozinak, Salm, Moody; nays—none.  Motion carried.

Street Finance Report:  Moody moved, seconded by Wozinak, to approve Resolution Number 06-160, A Resolution Approving the Street Finance Report for Fiscal Year 2006.   After discussion, the vote was: ayes—Kuhl, Bahl, Wozinak, Salm, Moody; nays—none.  Motion carried.

IJUMP:  Wozinak moved, seconded Kuhl, to approve Resolution Number 06-161, A Resolution Approving the Agreement between the City of North Liberty and Iowa Joint Utility Management Program, Inc. that sets Forth the Terms of Membership and Participation.  After discussion, the vote was: ayes—Kuhl, Bahl, Wozinak, Salm, Moody; nays—none.  Motion carried.

Mid America Hobbies Planned Area Development:  Public Hearing was opened at 8:35 pm and there were no comments.  Public Hearing was closed.   Moody moved, seconded by Bahl, to approve the first consideration of Ordinance Number 06-27, An Ordinance Approving the Variances to the North Liberty Zoning Code set forth in the Planned Area Development Plan for Mid America Hobbies, North of 240th Street and Southeast of Highway 965, North Liberty, Iowa.  After discussion, the vote was: ayes—Kuhl, Bahl, Wozinak, Salm, Moody; nays—none.  Motion carried.

Moody moved, seconded by Bahl, to approve the First consideration of Ordinance Number 06-27, An Ordinance Approving the Variances to the North Liberty Zoning Code set Forth in the Planned Area Development Plan for Mid American Hobbies, North of 240th Street and Southeast of Highway 965, North Liberty, Iowa.  After discussion, the vote was: ayes—Kuhl, Bahl, Wozinak, Salm, Moody; nays—none.  Motion carried.

Mid American Hobbies Conditional Use Permit:  The Public Hearing was opened at 8:37 pm and there were no comments.  Public Hearing was closed.  Moody moved, seconded by Bahl, to approve Resolution Number 06-162, A Resolution Approving a Conditional Use Agreement Between the City of North Liberty and Mid American Hobbies Setting Forth the Conditions under which an Outdoor Race Car Track can be permitted, North of 240th Street and Southeast of Highway 965, North Liberty, Iowa.  After discussion, the vote was: ayes—Kuhl, Bahl, Wozinak, Salm, Moody; nays—none.  Motion carried.

Liberty Bank Site Plan:  Bahl moved, seconded by Wozinak, to approve Resolution Number 06-163, A Resolution Approving the Amended Commercial Development Site Plan for Lot 14, Liberty Centre Part 1, North Liberty, Iowa.  After discussion, the vote was: ayes—Kuhl, Bahl, Wozinak, Salm, Moody; nays—none.  Motion carried.

Cedar Springs, Part 5:  Bahl moved, seconded by Salm, to approve Resolution Number 06-164, A Resolution Approving the Final Plat for Cedar Springs, Part 5, North Liberty, Iowa.  After discussion, the vote was: ayes—Kuhl, Bahl, Wozinak, Salm, Moody; nays—none.  Motion carried.

Liberty Centre, Part 7:  Moody moved, seconded by Salm, to approve Resolution Number 06-165, A Resolution Approving the Final Plat for Liberty Centre, Part 7, North Liberty, Iowa.  After discussion, the vote was: ayes—Kuhl, Bahl, Wozinak, Salm, Moody; nays—none.  Motion carried.

Raim Subdivision, Johnson County, Iowa:  Moody moved, seconded by Bahl to table this item until the City can determine if this is a non-buildable lot.  After discussion, the vote was: ayes—Kuhl, Bahl, Wozinak, Salm, Moody; nays—none.  Motion carried.

Councilor Comments:  Iowa League of Cities meeting will be at the Marriott in Coralville on Sept 27-29.

Kuhl went to several meetings, University of Iowa Community Credit Union Legislative and City Officials; two meetings with the Iowa Land and Task Force.  He has finished his NIMS Training and also helped in the Food Drive for the United Methodist Church.

Bahl will not be at the next meeting.

Moody will be doing a class at the League of Cities.  He received a letter in the mail of a threatening manner.

Wozinak attended a JCCOG Subcommittee on the Communication Center.   Park Steering Committee Meeting will be Wednesday, September 13, 2006 at 6:30 pm.  If anyone has any comments on the parks, please get in touch with him.  Wozinak attended the JCCOG meeting on the arterial road discussion for Forevergreen Road.

Mayor Franker reminded the public on how important it is to get on the Website of Iowa City School District and check out the scenarios of the possible boundaries of 2009.

The transit has started and going very well.  University of Iowa is supporting the program by encouraging their employees to take the bus for $10.00 per month.

Adjourment:  Kuhl moved, seconded by Wozinak, to adjourn the meeting at 9:21 pm.  After discussion, the vote was: ayes—Wozinak, Moody, Bahl, Salm, Kuhl; nays—none.  Motion carried.

Meeting adjourned.