City Council Minutes October 30, 2006

October 30, 2006
No. 10

Mayor Franker called the special session to order at 6:30 p.m.

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

Also present: Brian James, Scott Peterson, Tommy Haines, Tracey Mulcahey, Bill Oglesby, Paul Morf, Larry Schroeder, Herb Loops, and other interested citizens.

Agenda.  Kuhl moved, Moody seconded to approve the agenda.  The vote was: ayes – Salm, Moody, Bahl, Wozniak, Kuhl; nays – none. Motion carried.

Public Comment. No public comment was received.

Annexation Agreement and Resolution.  Mayor Franker opened the public hearing regarding the Voluntary Annexation Agreement Resolution.

Bill Oglesby representing Citizens for Sensible Development presented the map of the area of petitioners that want to be annexed to the City of North Liberty.  He reported the group has signed consents from many property owners in the area.

Paul Morf, legal counsel for Citizens for Sensible Development presented information regarding the agreement and the process.

Larry Schroeder, Spring Valley resident, offered concerns regarding infrastructure and issues that have not seen resolution or response.

Herb Loops, 2900 North Liberty Road, expressed concerns regarding the density of the proposed development of the proerpty.

Mike McCue of Whitetail Subdivision reported that 90% of the homeowners in his subdivision have approved the resolution.

Paul Morf clarified the Attachment A with the resolution.

City Attorney, Scott Peterson, presented the history of the resolution. It was drafted by a member of Citizens for Sensible Development and negotiated with the City.

Moody moved, Bahl seconded to move into closed session at 6:50 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 – Kuhl, Salm, Moody, Bahl, Wozniak; nays – none. Motion carried.

Moody moved, Bahl seconded to return to open session at 7:20 p.m. The vote was: ayes – Salm, Moody, Wozniak, Kuhl, Bahl; nays – none. Motion carried.

Moody moved, Kuhl seconded to approve Resolution Number 06-214,  A Resolution Setting Terms and Conditions of a Voluntary Annexation Agreement with Certain Property Owners.  After discussion, the vote was: ayes – Salm, Moody, Wozniak, Kuhl, Bahl; nays – none. Motion carried.

Adjournment.  Moody moved, Bahl seconded to adjourn the meeting at 7:26 pm.  All ayes. Motion carried.

Meeting adjourned.