City Council Minutes October 10, 2006

October 10, 2006
No. 7

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

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

Also present: Brian James, Scott Peterson, Kevin Trom, Andy Kromphardt, Tracey Mulcahey, Bill Mausser, Tom Palmer, Erika Harper, Bill Keisel, Shawn Sevier, Barbara Beaumont, Dean Spina, Bill Oglesby, Doug Lindner, Jason Harder, Steve Sovern, Pam Wagner, Duane Musser, and other interested citizens.

Consent agenda.  Moody moved, Bahl seconded to approve Staff Reports, Parks and Recreation Commission minutes, Telecommunications Commission Minutes, Tree and Stormwater Advisory Board Minutes, Planning and Zoning Commission Minutes, City Council minutes of September 26, 2006 Regular Meeting, Holiday Foods Liquor License Renewal for Class C Beer, Carryout Wine and Sunday Sales, Bills, and September Revenues with the agenda being amended to remove item number six, “Dog Discusion: Misha Goodman, Iowa City Animal Control Officer,” number fifteen,  “Wagner/Fox Run Part 13 Subdivision” and number sixteen “Raim Subdivision.” After discussion, the vote was: ayes – Kuhl, Bahl, Wozniak, Moody, Salm; nays – none. Motion carried.

Public Comment. Barbara Beaumont, 2898 Naples Avenue NE, North Liberty spoke regarding the annexation application made by the City of Coralville.  Beaumont offered information regarding the fringe area committee and county residents concerns.

Bill Oglesby, 2988 North Liberty Road, North Liberty offered additional comments relating to the annexation application made by the City of Coralville as a member of the Citizens for Sensible Development group.

Official Announcements—Mayor Franker.  Mayor Franker presented a letter dated September 27 from Kevin Olson, Coralville City Attorney with the annexation request between North Liberty Road and Dubuque Street extending north of Dubuque Street above the intersection of the two roads.  Coralville will be holding a public hearing regarding the matter on October 24 at 7 p.m. in the Coralville Council Chambers.  North Liberty City Council will be discussing this item at their special meeting on October 17.  Other items to be addressed in the special meeting include ideas of priorities for the next fiscal year budget process, report from the Fringe Area Committee, and action in response to Coralville’s application.

Mayor Franker announced the committee to look at the Drinks Neighborhood Pub issue. Members include:  Councilor James Moody, Bruce Brechtel, Suzanne Mitchell, George Farkas, and Steve Sovern.  Another bar owner/proprietor will be asked to participate as well, but was not confirmed at Council time.  Steve Sovern spoke regarding his role as facilitator and mediator on this committee.

City Administrator Report.
Bond Sale Timeline Report.  Council will be setting dates for the public hearings on the bonds tonight for the October 24 Council meeting.

Pond Ordinance Update.  Councilor Moody asked if the Pond Ordinance Update had been referred to the Stormwater Board.  City Administrator James indicated that the plan had been for the policy was going to be drafted by Staff and reviewed by Council. He will refer the item to the Stormwater Board.

West Trunk Sewer Line.  A copy of the draft agreement for crop damages has been received by the City.  This item should be on the next Council agenda

Wireless Clarification. City Administrator James requested additional information from Council regarding wireless services.  Council requested that CFree, Southslope, Mediacom, and Laura Bergus present information to Council regarding the technology and technical aspects of wireless internet services for the Cit of North Liberty.

Green City Report.  City Administrator James sought information from Dubuque with no response to date.

Subdivision Improvements Proposal.  James and City Attorney Scott Peterson presented a draft of the subdivision improvements approval process.  The document contains timeframes for requesting inspections and a drop dead date for completion of punchlist items of Wednesday, 4 p.m. prior to Council meeting.  Three items that will be excepted out include:  seeding/planting, private utilities and streetlights, and pond stocking.

Request for Proposals (RFP) regarding Facilities Study.  Three proposals for services were received by the City from RDG Planning and Design, Durrant, and VJ Engineering.  Discussion was held regarding how to proceed.  Consensus was to interview all three firms on October 17 and October 24.

Highway 965 Request for Qualifications (RFQ).  The RFQ for the Highway 965 corridor that will create a scope and a concept plan from Holiday Road to 230th Street jointly with the City of Coralville was presented.

Kuhl moved, Moody seconded to approve Resolution Number 06-180, A Resolution approving the request for qualifications for services relating to Highway 965.  After discussion, the vote was: ayes – Kuhl, Bahl, Wozniak, Moody, Salm; nays – none. Motion carried.

Speed Limit on Highway 965 at Cherry Street Intersection.  Discussion was held regarding potential speed limit reduction on Highway 965. Councilors were polled and offered the consensus that Staff should begin the process immediately to look at reducing speed limits on the entire Highway 965 Corridor.

Discussion regarding Required Minimum Distance from Residences for Establishments Deriving 50% or more of their gross receipts from the sale of Alcoholic Beverages.  Council provided their policy direction regarding this issue. The consensus was to look at best practices for minimum distances for all types of commercial uses not just those deriving 50% or more of their gross receipts from the sale of alcoholic beverages.

Drink Specials Limitations.  Kuhl moved, Wozniak seconded to approve the first consideration of Ordinance Number 06-28, An Ordinance Limiting Sales of Alcoholic Beverages. After discussion, the vote was: ayes – Wozniak, Moody, Kuhl; nays – Bahl, Salm. First consideration approved.

General Obligation and Water Revenue Bonds.  Moody moved, Wozniak seconded to approve Resolution Number 06-181, A resolution to fix a date for a public hearing on a loan agreement in a principal amount not to exceed $600,000.
The funds will be used to pay for the new pumper/tanker truck ($500,000), fire department water rescue equipment ($10,000) and Deerfield Park improvements ($40,000).  The public hearing will be held on October 24 at the regular Council meeting.  The vote was: ayes – Moody, Bahl, Salm, Wozniak, Kuhl; nays – none. Motion carried.

Bahl moved, Wozniak seconded to approve Resolution Number 06-182, Resolution to fix a date for a public hearing on a loan agreement in a principal amount not to exceed $1,700,000.  The funds will be used to fund the water tower construction and water treatment improvement projects.  After discussion, the vote was: ayes – Kuhl, Bahl, Wozniak, Moody, Salm; nays – none. Motion carried.

Moody moved, Bahl seconded to approve Resolution Number 06-183, Resolution relating to financing of a proposed project to be undertaken by the City of North Liberty, Iowa; establishing compliance with reimbursement bond regulations under the Internal Revenue Code.  The vote was ayes – Wozniak, Salm, Moody, Kuhl, Bahl; nays – none. Motion carried.
End of the Year Budget Report.  Assistant City Administrator Tracey Mulcahey presented the end of Fiscal Year 2006 budget report.

Mid America Hobbies Planned Area Development.  Moody moved, Bahl seconded to approve the third consideration and adoption 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 – Moody, Kuhl, Bahl, Wozniak, Salm; nays – none.  Ordinance adopted.

Agreement between JDHP and City of North Liberty regarding West Lake, Parts 5B, 6, & 8.  Bahl moved, Wozniak seconded to approve Resolution A Number 06-185, A Resolution Approving the Agreement between JDHP and the City of North Liberty regarding West Lake, Parts 5B, 6, & 8 and Related Improvements with the language to clarify the installation of sidewalks.  After discussion, the vote was: ayes – Moody, Wozniak, Salm, Bahl, Kuhl; nays – none. Motion carried.

Moody moved, Kuhl seconded to approve Resolution Number 06-197, A Resolution Approving the Agreement between JDHP and the City of North Liberty regarding Wetlands Responsibility relating to West Lake, Parts 5B, 6, and 8.  The vote was: ayes – Salm, Bahl, Moody, Kuhl, Wozniak; nays – none. Motion carried.

West Lake, Parts 5B, 6, & 8.  Moody moved, Salm seconded to approve Resolution Number 06-177, A Resolution Accepting Property Improvements for West Lake, Part 5B. After discussion, the vote was: ayes – Wozniak, Salm, Moody, Kuhl, Bahl; nays – none. Motion carried.

Bahl moved, Moody seconded to approve Resolution Number 06-178, A Resolution Accepting Property Improvements for West Lake, Part 6.  The vote was: ayes – Bahl, Kuhl, Moody, Salm, Wozniak; nays – none. Motion carried.

Bahl moved, Salm seconded to approve Resolution Number 06-179, A Resolution Accepting Property Improvements for West Lake, Part 8.  After discussion, the vote was: ayes—Wozniak, Salm, Moody, Kuhl, Bahl; nays – none. Motion carried.

Progress Park, Parts 8 & 9 Developer’s Agreements. Moody moved, Salm seconded to approve Resolution Number 06-186, A Resolution approving the Agreement between the City of North Liberty and Cedar Development Progress Park LLC that sets forth the terms and conditions under which Progress Park, Part 8 will be developed in the City of North Liberty, Iowa.  The vote was: ayes – Salm, Wozniak, Bahl, Kuhl, Moody; nays – none. Motion carried.

Moody moved, Bahl seconded to approve Resolution Number 06-187, A Resolution approving the Agreement between the City of North Liberty and Cedar Development Progress Park LLC that sets forth the terms and conditions under which Progress Park, Part 9 will be developed in the City of North Liberty, Iowa.  The vote was ayes – Wozniak, Bahl, Kuhl, Moody, Salm; nays – none.  Motion carried.

Liberty Medical and Commerce.  This is an application for a sign at Penn Street and Cameron Way  for Liberty Medical and Commerce.  The Planning and Zoning Commission and staff recommend approval of this application.

Bahl moved, Moody seconded to approve Resolution Number 06-188, A Resolution Approving the Master Sign Permit Application for Liberty Medical and Commerce, Lots 1 and 2, North Liberty, Iowa.  The vote was: ayes – Kuhl, Moody, Wozniak, Bahl, Salm; nays – none. Motion carried.

Core Fitness Center Site Plan.  Duane Musser, MMS Consultants, presented Core Fitness Center’s application for site plan to expand their business to North Liberty in the Corridor Commercial Subdivision.

The Planning and Zoning Commission recommended approval with the following requirements:  setback lines clarified on plan, engineer’s signature, adoption of building committee’s design recommendation to choose one type or the other.  Staff recommends approval and cited that the applicant had addressed all of staff’s comments.

Wozniak moved, Bahl seconded to approve Resolution Number 06-189, A Resolution Approving the Commercial Development Site Plan for the Core Fitness Center located in Corridor Commercial Subdivision Parts 2A and 2B, Lots 20, 21, and 25, North Liberty, Iowa. with Planning and Zoning’s recommendations.  The vote was:  ayes – Wozniak, Salm, Moody, Kuhl, Bahl; nays – none. Motion carried.

Jefferson Addition, Part Three Final Plat.  Duane Musser, MMS Consultants, presented the request of Robert Burns and Burns and Burns LC’s request for Final Plat of Jefferson Addition, Part Three.

The Planning and Zoning Commission and staff recommend approval.

Moody moved, Bahl seconded to approve Resolution Number 06-190, A Resolution Approving the Final Plat for Jefferson Addition, Part Three.  The vote was: ayes – Kuhl, Salm, Bahl, Wozniak, Moody; nays – none.  Motion carried.

595 Ashley Court Master Sign Plan.  The Planning and Zoning Commission and Staff recommend approval of  Matt Collins’ application for Master Sign Plan at 595 Ashley Court.

Bahl moved, Moody seconded to approve Resolution Number 06-191, A Resolution Approving the Master Sign Plan for 595 Ashley Court.  The vote was: ayes – Moody, Bahl, Wozniak, Kuhl, Salm; nays – none.  Motion carried.

Cedar Springs, Part Six Final Plat.  Duane Musser, MMS Consultants presented Cedar Springs, LLC’s request to approve the Final Plat of Cedar Springs, Part Six.  The developer is installing storm sewer and preparing for pavement installation.

The Planning and Zoning Commission and staff recommend approval.

Moody moved, Bahl seconded to approve Resolution Number 06-192, A Resolution Approving the Final Plat for Cedar Springs, Part Six.  The vote was: ayes – Bahl, Moody, Kuhl, Salm, Wozniak; nays – none. Motion carried.

Progress Park, Part Eight Final Plat.  Duane Musser, MMS Consultants, presented the application of Progress Park, LLC’s request for approval of Final Plat for Progress Park, Part Eight.  This is a two lot commercial subdivision on Alexander Way.

The Planning and Zoning Commission recommended approval subject to verification of vacation documents for a stormsewer easement.  Staff recommended approval subject to the same verification.

Bahl moved, Wozniak seconded to approve Resolution Number 06-193, A Resolution Approving the Final Plat for Progress Park, Part Eight.  The vote was: ayes – Kuhl, Wozniak, Salm, Moody, Bahl; nays – none.  Motion carried.

Progress Park, Part Nine Final Plat.  Duane Musser, MMS Consultants, presented the application of Progress Park, LLC’s request for approval of Final Plat for Progress Park, Part Nine.  This is a two lot commercial subdivision on Alexander Way.

The Planning and Zoning Commission recommended approval.  Staff recommended approval.

Bahl moved, Kuhl seconded to approve Resolution Number 06-194, A Resolution Approving the Final Plat for Progress Park, Part Nine.  The vote was: ayes – Wozniak, Salm, Moody, Kuhl, Bahl; nays – none.  Motion carried.

Liberty Centre, Part 7.  Kuhl moved, Bahl seconded to approve Resolution Number 06-195, A Resolution Accepting Property Improvements in Liberty Centre, Part 7, North Liberty, Iowa. The vote was:  ayes – Kuhl, Moody, Salm, Wozniak, Bahl; nays – none.  Motion carried.

Saints Corridor Commercial Park, Part 1.  Moody moved, Bahl seconded to approve Resolution Number 06-196, A Resolution Accepting Property Improvements in Saints Corridor Commercial Park, Part 1.  The vote was: ayes – Bahl, Kuhl, Moody, Salm, Wozniak; ayes – none.  Motion carried.

Council Comments.
Councilor Wozniak reported on the Joint Meeting with Coralville, Johnson County, and the Iowa City Community School District.  SILO and the Joint Communications Center were discussed.  The next Parks Comprehensive Plan meeting is set for October 23.

Councilor Moody reported on the Joint Meeting and the Iowa League of Cities Conference in Coralville.

Councilor Kuhl commented that he attended the Iowa League of City’s in Coralville. He reported on the Energy Symposium at the University of Iowa and the change a light rebate campaign.  He requested the city pass a declaration urging citizens to change.

Councilor Bahl reported on his work trip to Bethesda, Maryland and the fluorescent bulb Councilor Kuhl displayed.

Mayor Comments.  Mayor Franker remarked about the bulb Gerry Kuhl had.  The Council meeting next Tuesday will be to set budget priorities, the fringe area discussion, and for a report from the negotiating committee.  Mayor Franker reported he had three meetings with Supt. Plugge,  Mayor Faussett, Kelly Hayworth, Brian James and others regarding the SILO and other issues.  Supt. Plugge has indicated an inclination to table the original scenario to flex North Liberty students to Iowa City High School.

Adjournment.  Bahl moved, Moody seconded to adjourn the meeting at 9:10 pm.  All ayes. Motion carried.

Meeting adjourned.