City Council Minutes October 24, 2006

October 24, 2006
No. 9

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, Kim Colberg, Anna Wu, Eric Wolfmeyer, Dean Colony, Duane Musser, Pam Wagner, Jesse Burns, Robert Burns, and other interested citizens.

Consent agenda.  Moody moved, Bahl seconded to approve Library Director’s Report, City Council minutes from October 10, 2006, City Council minutes from October 17, 2006, Resolution Number 06-199, A Resolution Approving Street Lights in Arlington Ridge, Part 1, Resolution Number 06-200, A Resolution Approving Street Lights in Arlington Ridge, Part 2, Holiday Spirits Liquor License Renewal:  Class E Liquor License, Carryout beer, and Sunday Sales, Jaycee’s Liquor License Application: Class B Liquor License for the Fireman’s Dance on November 4, 2006, and the attached list of bills with switching item number seventeen “ 965 Speed Limit Changes” and item number eleven “Drinks Specials Limitations,” and moving number fifteen “Proclamation regarding Change a Light Campaign” to immediately after the consent agenda.  After discussion, the vote was: ayes – Bahl, Wozniak, Moody, Salm; nays – none; absent – Kuhl. Motion carried.

Proclamation regarding Change a Light Campaign.  Kim Colberg from Linn County REC offered kudos to the City for recognizing the Change a Light program.  Mayor Franker read a proclamation declaring October 24, 2006 as Change a Light Day in North Liberty.

Public Comment. Anna Wu thanked the council for the bond issue for Deerfield Park equipment which will improve the physical health of the children in the neighborhood and provide connectivity of neighbors.

Eric Wolfmeyer, a MECCA Substance Abuse Specialist, spoke in regards to high risk alcohol consumption with relation to the drinks specials ordinance.

Dean Colony, 105 N. George Street, spoke regarding sludge application bids.  His concern was that the city accepted bids for sludge hauling, but not from the current hauler.

Official Announcements—Mayor Franker.  Mayor Franker read a statement to clarify issues regarding Coralville and fringe area issues.

RDG Planning and Design. Bill Dikis and Laura Hawks of RDG Planning and Design made a presentation regarding their proposal for services in regards to Facilities Planning Services.

Durrant.  Bill Lawrence, Bill Ludwig, Tim Hielkema, Mike Lewis, and Adam Bohr presented their proposal for services in regards to Facilities Planning Services.

Councilor Kuhl arrived at 8:20 p.m.

VJ Engineering.   Darrell Smith, Teri Petrazalek, and Jack Palmer offered additional information about their proposal for services for Facilities Planning.

Facilities Plan Proposals.   Council discussed the presentations made by the consultants and offered their ratings of the firms.

Wozniak moved, Kuhl seconded to approve Resolution Number 06-201, A Resolution Awarding the Comprehensive Facilities Planning Project to RDG Planning and Design.  The vote was: ayes—Salm, Wozniak, Moody, Kuhl, Bahl; nays – none. Motion carried.

City Administrator Report.  City Administrator James updated Council regarding the Muddy Creek Grant Committee.  The group will be approaching the Council to jointly fund part of the project for matching funds.

Regarding the West Sewer Trunk Line Project, the City Administrator and City Attorney are reviewing the agreements. Council should expect to see the agreements at the next Council meeting.

James reviewed the information received from the City of Dubuque regarding green cities.  Council directed staff to investigate this possibility. Councilor Kuhl wants all building and zoning codes to be as green as possible.

Concerns for sludge hauling and application were addressed.   James will set up meeting with Dave Ramsey and property owners.

Moody inquired about purchase of land for Street Department.

Franker spoke regarding including the Penn Street/I-380 interchange on the Chamber’s Lobbying List for this year.  City Engineer Trom reported on the three phases of Penn Street improvements.
City Administrator Six Month Performance Update Report.  City Administrator James updated Council in relation to items listed during his performance review. He recommends hiring of a city planner to relieve his work load.  He reported on improved communications with city council and staff and departmental improvements.

965 Speed Limit Changes.  Staff and Council engaged in discussion regarding reduction in speeds on Highway 965.  The consensus of Council was to reduce the speed on 965 from where it is today. The Mayor requested that Councilor Moody meet with staff, the city of Coralville, and Johnson County to formulate a draft ordinance for 965 speed limits.

General Obligation Bonds.  A public hearing was held regarding issuance of $600,000 in general obligation bonds.  No written or oral comments were received.

Wozniak moved, Kuhl seconded to approve Resolution Number 06-202, Resolution taking additional action to enter into a Loan Agreement and setting the date for the sale of the corresponding sale of $585,000 General Obligation Corporate Purpose Bonds, Series 2006C.  The vote was: ayes – Moody, Bahl, Salm, Wozniak, Kuhl; nays – none. Motion carried.

Water Revenue Bonds.  The public hearing was held regarding the sale of water revenue bonds. No written or oral comments were received.

Kuhl moved, Moody seconded to approve Resolution Number 06-203, Resolution taking  additional action to enter into a Loan Agreement and setting the date for the sale of the corresponding sale of $1,670,000 Water Revenue Bonds, Series 2006B.  The vote was: ayes –  Moody, Bahl, Wozniak, Kuhl, Salm; nays – none. Motion carried.

Subdivision Improvements Approval Policy.  Moody moved, Wozniak seconded to approve Resolution Number 06-204, A Resolution Approving the Subdivision Improvements Approval Policy for the City of North Liberty, Iowa.  The vote was: ayes – Kuhl, Bahl, Wozniak, Moody, Salm; nays – none. Motion carried.

Sale of Grass Rig Fire Truck and Equipment to the City of Swisher and the City of Conesville, respectively.  Moody moved, Bahl seconded to approve Resolution Number 06-205, A Resolution Approving the Sale of a Vehicle and Equipment owned by the City of North Liberty to the City of Swisher, Iowa and the City of Conesville, Iowa, respectively.  The vote was: ayes—Wozniak, Salm, Moody, Kuhl, Bahl; nays – none. Motion carried.

Drinks Specials Limitations.  Wozniak moved, Kuhl seconded to approve the second consideration of Ordinance Number 06-28, An Ordinance amending Chapter 5.04, Entitled, “Alcoholic Beverage and Beer Control,” of the North Liberty Municipal Code by adding Subsection  5.04.030(H) to implement limitations on sales of alcoholic beverages.  After discussion, the vote was:  ayes – Kuhl, Wozniak; nays – Bahl, Salm, Moody.  The motion was defeated.
Wagner/Fox Run Part 13 Subdivision.  Duane Musser, MMS Consultants, and Pam Wagner presented the application for simultaneous annexation and rezoning to RS-4 at the request of Marcella Lavonne Riddle-Raim c/o George and Pam Wagner for property located between Highway 965 and Fox Run Subdivision.

The public hearing was held regarding the application for simultaneous annexation and rezoning to RS-4 at the request of Marcella Lavonne Riddle-Raim c/o George and Pam Wagner for property located between Highway 965 and Fox Run Subdivision.  No oral or written comments were received.

The Planning and Zoning Commission and staff recommend approval of the annexation and rezoning applications.

Moody moved, Bahl seconded to table Resolution Number 06-173, A  Resolution Approving the Annexation Request of George and Pam Wagner to the City of North Liberty, Iowa.  After discussion, the vote was:  ayes – Moody, Bahl; nays – Kuhl, Wozniak, Salm. Motion was defeated.

Salm moved, Kuhl seconded to approve Resolution Number 06-173,  A Resolution Approving the Annexation Request of George and Pam Wagner to the City of North Liberty, Iowa.  After discussion, the vote was:  ayes – Salm, Bahl, Wozniak, Kuhl; nays – Moody. Motion carried.

Salm moved, Kuhl seconded to approve the first consideration of Ordinance Number 06-29, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property owned by Marcella Lavonne Riddle Raim c/o George and Pam Wagner, Located Between Highway 965 and Fox Run Subdivision in North Liberty, Iowa, to Those Set Forth in the North Liberty Municipal Code for the RS-4 Residential District.  The vote was: ayes – Kuhl, Bahl, Wozniak, Salm; nays – Moody. Motion carried.

Discussion:  Request to Include Limousine definition in City Zoning Code.  The Planning and Zoning Commission recommends the following definition relating to limousines:
Limousine: means a motor vehicle with a passenger rated capacity of more than three, exclusive of the driver, and not regulated by the Office of Motor and Carrier Services of the Iowa Department of Transportation, including but not limited to standard size limo, and stretch limos or a motor vehicle, with a passenger rate capacity of more than 16, including the driver, and regulated by the Office of Motor and Carrier Services of the Iowa Department of Transportation to include only stretch limos. The vehicle and driver are engaged in transportation of passengers for hire in a limousine service. The vehicle shall be operated on a fixed route or have reservations 24 hours in advance for their service, operate without a meter installed in the vehicle and charge for services on an hourly basis or longer periods of time with a minimum of one hour requirement.

The Planning and Zoning Commission recommended that the Limousine use be allowed in the C-2-A Highway Commercial District as a permitted use, included as a conditional use in the C-2-B Highway Commercial District, and included as permitted use in both Industrial zoning districts.

Jefferson Point, Phase II.  Jesse Burns presented information relating to Jefferson Point, Phase II.  This represents the next phase of development to an application that was funded last year.

Bahl moved, Salm seconded to approve Resolution Number 06-207, A Resolution Supporting Jefferson Point, Phase II in the City of North Liberty, Iowa.  The vote was: ayes – Kuhl, Bahl, Wozniak, Salm, Moody; nays – none. Motion carried.

Jefferson Addition, Part Three.   Wozniak moved to approve Resolution Number 06-213, A Resolution Approving the Agreement between Robert P. Burns and the City of North Liberty establishing the terms and conditions under which Jefferson Addition, Part Three will be developed in the City of North Liberty, Iowa. He later withdrew his motion.

Kuhl moved, Moody seconded to table Resolution Number 06-213, A Resolution Approving the Agreement between Robert P. Burns and the City of North Liberty establishing the terms and conditions under which Jefferson Addition, Part Three will be developed in the City of North Liberty, Iowa. After discussion, the vote was: ayes – Moody, Kuhl; nays—Bahl, Wozniak, Salm. Motion defeated.

Bahl moved, Salm seconded to approve Resolution Number 06-213, A Resolution Approving the Agreement between Robert P. Burns and the City of North Liberty establishing the terms and conditions under which Jefferson Addition, Part Three will be developed in the City of North Liberty, Iowa. After discussion, the vote was: ayes – Salm, Bahl, Wozniak; nays – Kuhl, Moody. Motion carried.

Cedar Springs, Parts 7, 8, and 9 Developer’s Agreements.   Salm moved, Bahl seconded to approve Resolution Number 06-208, A Resolution Approving the Agreement between Cedar Springs Partners and the City of North Liberty establishing the terms and conditions under which Cedar Springs, Part 7 will be developed in the City of North Liberty, Iowa.  After discussion, the vote was: ayes – Bahl, Salm, Wozniak, Moody; nays – Kuhl. Motion carried.

Bahl moved, Salm seconded to approve Resolution Number 06-209, A Resolution Approving the Agreement between Cedar Springs Partners and the City of North Liberty establishing the terms and conditions under which Cedar Springs, Part 8 will be developed in the City of North Liberty, Iowa.  The vote was: ayes – Moody, Wozniak, Salm, Bahl; nays – Kuhl. Motion carried.

Bahl moved, Salm seconded to approve Resolution Number 06-210, A Resolution Approving the Agreement between Cedar Springs Partners and the City of North Liberty establishing the terms and conditions under which Cedar Springs, Part 9 will be developed in the City of North Liberty, Iowa.  The vote was: ayes – Salm, Bahl, Moody, Wozniak; nays – Kuhl. Motion carried.

Cedar Springs, Part 5.  Bahl moved, Wozniak seconded to approve Resolution Number 06-212, A Resolution Accepting Improvements in Cedar Springs, Part 5.  The vote was: ayes – Wozniak, Salm, Moody, Kuhl, Bahl, nays—none.  Motion carried.
Council Comments.
Councilor Wozniak reported on the Parks Comprehensive Plan meeting. The next meeting is scheduled for November 13.  JCCOG is meeting on 10/25/06 at 6 p.m. at the Iowa City Chamber.  Wozniak requested the addition of art to our community as we do future projects.

Councilor Salm reported on the Fringe Area meeting.

Councilor Kuhl reported on the Chamber Luncheon, Hills Bank Economic Development Luncheon on 10/25, Chamber Economic Development banquet on 11/2, Coralville annexation process, and passed on the request from the Convention and Visitors’ Bureau at the city purchase a table on November 8 for their annual banquet.

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

Mayor Comments.  Mayor Franker reiterated his comments regarding the Coralville annexation application.

Kuhl moved, Bahl seconded to move into closed session at 10:26 p.m. as according to Iowa State Code Section 21.5(c),“To discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation.”  The vote was ayes – Bahl, Kuhl, Moody, Salm, Wozniak; nays – none. Motion carried.

At 11:20 p.m., Kuhl moved, Moody seconded to return to open session. The vote was: ayes – Wozniak, Salm, Moody, Kuhl, Bahl.

Adjournment.  Bahl moved, Salm seconded to adjourn the meeting at 11:20 pm.  All ayes. Motion carried.

Meeting adjourned.