City Council Minutes September 26, 2006

September 26, 2006
No. 6

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

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

Also present: Brian James, Scott Peterson, Kevin Trom, Andy Kromphardt, Tracey Mulcahey, Bill Mausser, Tom Palmer, Erika Harper, Janet Lubben, Jess Noelk, Mary K. Mitchell, Doug DuCharme, Paula Vincent, Barbara Beaumont, Duane Musser, Jason Harder, and other interested citizens.

Consent agenda.  Kuhl moved, Wozniak seconded to approve Library Director’s Report, City Council minutes of September 12, 2006 Regular Meeting, Bills, and July and August Revenues with the agenda being amended to remove item number twenty, “Wagner Subdivision.”  The vote was: ayes – Kuhl, Wozniak, Moody, Salm; nays – none. Absent – Bahl. Motion carried.

Public Comment. No public comment not related to an agenda item was presented.

Official Announcements—Mayor Franker.  Mayor Franker presented the Education/Research walk in Muddy Creek for Sunday, October 1 at 2 p.m. starting at Van Allen Elementary. The group will be walking the creek to obtain information regarding the current condition of the creek.

The announcement of the committee for addressing concerns regarding Drinks Bar will be delayed until the October 10, 2006 meeting.

Trick-or-Treat will be held on Halloween, Tuesday, October 31, 2006 from 5 to 8 p.m.

Mayor Franker reported on intergovernmental discussions he has had with Superintendent Plugge and other officials.

City Administrator Report.
Liberty Centre Project Update.  The project is very close to completion.  Council directed staff to plan a small ribbon cutting event in October with a large grand opening celebration in the Spring.

Scales Bend Road Sidewalk Report.  Construction is going on. The grading is underway for the installation of the sidewalk.

Water Tower Report. City Administrator James reported that the water tower contractor has now reported that they can not paint yet this fall and now plan to do so in the Spring.

Discussion was held regarding Josh Schaumberger from the Iowa City Convention and Visitor’s Bureau will be coming to a Council meeting in September to provide information regarding Hotel/Motel Tax.

Discussion was held regarding the lettering on the water tower and easements for the west trunk sewer line.

Assistant City Administrator/City Clerk Report.   Assistant City Administrator/City Clerk, Tracey Mulcahey, reported on the International City Manager’s Association (ICMA) Conference in San Antonio, Texas.

City Engineer Report.  City Engineer, Kevin Trom, provided an overview of the City’s Municipal Separate Storm Sewer System (MS-4) Permit.  The Mayor requested that the permit and the City Engineer’s timeline chart be posted on the City’s website.

City Attorney Report.  City Attorney, Scott Peterson presented information regarding policy development for the City.  Mayor Franker requested that with the twenty-five to thirty areas that need policies, the Attorney create the process and report back to Council in two weeks regarding the process.

Exclusive Options for Land Acquisition in Support of the Clear Creek-Amana Elementary School Site.  Doug DuCharme, Shive-Hattery, and Paula Vincent, Clear Creek-Amana School Superintendent, presented the preliminary layout of the new elementary school.  Construction will commence in the spring of 2007 with the school being occupied in 2008 school year.  The initial capacity will be 325 students and be expandable to 400-450 students on approximately sixteen acres.

Council held discussion regarding the proposed execution of the exclusive options for land acquisition.

Kuhl moved, Wozniak seconded to approve Resolution Number 06-153, A Resolution Approving Execution of Exclusive Option Between the City of North Liberty and JDHP Development, LLC.  After discussion, the vote was: ayes – Kuhl, Wozniak, Salm; nays – Moody; absent – Bahl.

Kuhl moved, Wozniak seconded to approve Resolution Number 06-167, A Resolution Approving Execution of Exclusive Option Between the City of North Liberty and Cedar Holdings, LLC.  After discussion, the vote was: ayes – Salm, Wozniak, Kuhl; nays – Moody; absent – Bahl.
State Revolving Fund.  A public hearing was held regarding the State Revolving Fund Planning and Design Loan.  No written or verbal comments were received.  The public hearing was closed.
Moody moved, Kuhl seconded to approve Resolution Number 06-168, A Resolution taking additional action with respect to a Sewer Revenue Loan and Disbursement Agreement and authorizing, approving and securing the payment of a $550,000 Interim Loan and Disbursement Agreement (Project Note) pursuant to Section 76.13 of the Code of Iowa.  After discussion, the vote was: ayes—Moody, Salm, Wozniak, Kuhl; nays – none; absent – Bahl.

Fringe Area Agreement with the City of Coralville.  Mary K. Mitchell of the North Liberty Development Corporation presented information about the Fringe Area Agreement with the City of Coralville in regards to annexation and development.  The five year agreement expires in November 2006.  North Liberty Development Corporation recommends the resolution to terminate be passed and notice be sent to the City of Coralville.

Barbara Beaumont, 2989 Naples Avenue, North Liberty spoke regarding the Fringe Area Agreement.  She would like County residents to have say in the drafting of the agreement.

Moody moved, Salm seconded to approve Resolution Number 06-169, A Resolution to Notify the City of Coralville that the City of North Liberty’s Desires to Terminate the Growth Area Agreement.  After discussion, the vote was: ayes – Kuhl, Wozniak, Moody, Salm; nays – none; absent – Bahl.

Mayor Franker announced the North Liberty Fringe Area Committee. The committee includes, City Attorney Scott Peterson (ex-officio), City Administrator Brian James (ex-officio), Mayor David Franker (ex-officio), Councilor Tom Salm, Candace Daniels, Mary K. Mitchell, Christine Ralston, and Barbara Beaumont with Councilor Wozniak serving in an advisory role.

Discussion regarding Lobbying.
Mayor Franker announced that the delegation going to Washington DC in early 2007 will consist of Councilors Salm and Wozniak, Mayor Franker, and Administrator James. Councilor Moody was named the city’s liaison to the State House delegation and Governor.  He will potentially participate in the Iowa League of Cities lobbying trip.

Mayor Franker identified the following, I-380/Penn intersection, Highway 965, wind generation with the Iowa City Community School District, and intermodal center as issues to be placed on the Chamber’s lobbying list.

North Liberty Comprehensive Park Plan Report.  Councilor Wozniak provided an update regarding the progress of the Comprehensive Park Plan Committee. Mayor Franker asked for Councilor Wozniak to make sure trail connections are included in the discussion.

Moody moved, Wozniak seconded to table “Discussion regarding Minimum Distance from Residences for Establishments Deriving 50% or more of their gross receipts from the sale of Alcoholic Beverages” and “End of the Year Budget Report” to a later meeting. The vote was all ayes. Motion carried.

Mid America Hobbies Planned Area Development.  Moody moved, Kuhl seconded to approve the second 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. The vote was: ayes – Wozniak, Salm, Moody, Kuhl; nays – none; absent—Bahl.  Motion carried.

Corridor Commercial, Part 4 Developer’s Agreement.  Moody moved, Salm seconded to approve Resolution Number 06-170, A Resolution Approving the Agreement between the City of North Liberty and Corridor Commercial Development Company hat sets forth the Terms and Conditions under which Corridor Commercial, Part 4 will be developed in the City of North Liberty, Iowa.  After discussion, the vote was: ayes – Moody, Kuhl, Wozniak, Salm; nays – none; absent—Bahl. Motion carried.

Liberty Executive Park, Preliminary Plat.  Duane Musser, MMS Consultants, presented the preliminary plat for Liberty Executive Park.  This preliminary plat is a split of the original preliminary plat with the Office/Research Park classification separated from the residential.

The Planning and Zoning Commission recommended approval on March 7, 2006 subject  to a 30-foot buffer with a berm between the Residential and Commercial District, 30-foot wooded buffer along Interstate 380, connection of Landon Road to Madison Avenue, no direct driveway access to Kansas Avenue and driveways on intersecting streets should be pulled back at least 125-feet from Kansas Avenue right-of-way. Staff recommended the buffer be fifty feet based on the code allowance for industrial development.

Moody moved, Kuhl seconded to approve Resolution Number 06-171, A Resolution Approving the Preliminary Plat for Liberty Executive Park, North Liberty, Iowa with a fifty foot buffer being required.  After discussion, the vote was: ayes – Kuhl, Moody; nays—Wozniak, Salm; absent—Bahl.  Motion failed.

Wozniak moved, Salm seconded to approve Resolution Number 06-171, A Resolution Approving the Preliminary Plat for Liberty Executive Park, North Liberty, Iowa with a thirty foot buffer being required with Planning and Zoning’s recommendations.  After discussion, the vote was:  ayes – Wozniak, Salm, Kuhl; nays – Moody; absent – Bahl.  Motion carried.

West Lake Part 9, — A Resubdivision of West Lake, Part Six Final Plat.  Duane Musser, MMS Consultants, presented the request of JDHP Development for Final Plat of West Lake Part 9, A Resubdivision of West Lake, Part Six.

City Administrator James reported that this is a simple subdivision that can be handled by Council without the Planning and Zoning Commission’s review.  James further reported that no public infrastructure other then the access will be involved.

Salm moved, Wozniak seconded to approve Resolution Number 06-172, A Resolution Approving the Final Plat for West Lake, Part 9- A Resubdivision of West Lake Part Six, Lot 95, North Liberty, Iowa.  The vote was: ayes – Wozniak, Salm, Moody, Kuhl; nays – none; absent – Bahl. Motion carried.

Raim Subdivision – Johnson County Subdivision.  The Planning and Zoning Commission recommends approval.  Staff wants the lot to remain as an outlot so that it can not be buil on.  Council asked for clarification regarding what the County is asking for from the City.  Moody moved to table Raim Subdivision – Johnson County Subdivision, Salm seconded.  After discussion, the vote was: ayes – Salm, Moody; nays – Kuhl, Wozniak; absent – Bahl.  Motion failed.

Kuhl moved, Wozniak seconded to waive subdivision requirements for Raim Subdivision.  After discussion, the vote was: ayes – Kuhl; nays—Salm, Wozniak, Moody; absent – Bahl.  Motion failed.

Arlington Ridge, Parts 1, 2, and 3 Acceptance of Property Improvements.  Moody moved, Salm seconded to approve Resolution Number 06-174, A Resolution Accepting Property Improvements in Arlington Ridge Part 1, North Liberty, Iowa.  After discussion, the vote was: ayes – Wozniak, Salm, Moody, Kuhl; nays – none; absent – Bahl. Motion carried.

Moody moved, Salm seconded to approve Resolution Number 06-175, A Resolution Accepting Property Improvements in Arlington Ridge Part 2, North Liberty, Iowa.  The vote was: ayes – Kuhl, Moody, Salm, Wozniak; nays – none; absent – Bahl. Motion carried.

Moody moved, Salm seconded to approve Resolution Number 06-176, A Resolution Accepting Property Improvements in Arlington Ridge Part 3, North Liberty, Iowa.  After discussion, the vote was: ayes – Wozniak, Salm, Moody, Kuhl; nays – none; absent – Bahl. Motion carried.

West Lake, Parts 5B, 6 & 8 Acceptance of Property Improvements.  Salm moved, Wozniak seconded to approve Resolution Number 06-177, A Resolution Accepting Property Improvements for West Lake, Part 5B.  After discussion, the vote was:  ayes – Salm; nays—Wozniak, Kuhl, Moody; absent – Bahl.  Motion failed.

Salm moved, Wozniak seconded to approve Resolution Number 06-178, A Resolution Accepting Property Improvements for West Lake, Part 6.  After discussion, the vote was:  ayes – Wozniak, Salm; nays—Kuhl, Moody; absent – Bahl.  Motion failed.

Discussion was held regarding the property improvements in West Lake, Part 8, but no action was taken.

Council Comments.
Councilor Moody reported on the Consortium of Aging meeting and upcoming Iowa League of Cities conference in Coralville later this week.

Councilor Salm reported on upcoming Highway 965 Task Force meeting on 9/27/06.

Councilor Kuhl commented that he attended the TIF luncheon on 9/15 and wants all councilors to receive a DVD copy of the presentation. The Mayor and Councilor Kuhl will be on an energy panel.  He reported that he attended the Iowa City Convention and Visitor’s Bureau Retreat, met with the auditor, attended the ICAD luncheon, and will be attending the Iowa League of Cities conference in Coralville.

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

Mayor Comments.  Mayor Franker reported on the University of Iowa’s Energy Expo where he will serve on the Mayor’s panel.

Adjournment.  Moody moved, Salm seconded to adjourn the meeting at 9:30 pm.  All ayes. Motion carried.

Meeting adjourned.