City Council Minutes November 26, 2006

November 28, 2006
No. 14

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, Tommy Haines, Tracey Mulcahey, Laura Bergus, Dan Smith, Kevin Hochstedler, Doug Lindner, Rachel Gallegos, Janet Lubben, Paul Osterholt, Mary K, Mitchell, Duane Musser, Rob Pilaszewski, Lee Grassley, Natalie Stallman, Misha Goodman, and other interested citizens.

Consent agenda.  Kuhl moved, Moody seconded to approve Library Director’s Report, Bob’s Place Liquor License, Club 76 Event on 12/30/06 Liquor License, Resolution -236 approving streetlights in West Lake Addition, Part 5B, City Council minutes from November 14 regular meeting, and the attached list of bills.  The vote was: ayes – Kuhl, Bahl, Wozniak, Moody, Salm; nays – none.  Motion carried.

Public Comment. Dan Smith representing the Land Development Council of the Homebuilders Association offered his concerns regarding the Good Neighbor and Sensitive Areas Ordinance.  The Land Development Council is not in a position to support or oppose either of these ordinances. He stated this would increase the cost of staffing and reduce the amount of land stock available for development.  Concerns about the Good Neighbor ordinance include not alleviating citizen concerns.  He reported that members of the Land Development Council frequently have meetings with the neighbors now and making this mandatory may be unwarranted.

Kevin Hochstedler, chair of the Land Development Council, spoke regarding the development policies.  With the Good Neighbor policy, he believes in creating neighborhoods that work in harmony with other neighborhoods.  The one mile radius requirement from Liberty Centre would encompass 90% of the city. He expressed concerns regarding the size of the meetings and location.  He encouraged the involvement of all including citizens, environmentalists, engineers, etc. in the process of creating the Sensitive Areas ordinance.

Official Announcements—Mayor Franker.  Mayor Franker thanked the County Board of Supervisors for action regarding concerns about short notification time.

City Administrator Report.  City Administrator James provided an update regarding several items.  The Highway 965 Commission will be meeting on November 29 to review RFQs for the Highway 965 project. Interviews will be scheduled for the December 19 Council meeting.

James presented information regarding the Planning job description. He requested that all comments regarding it be received by Friday so that he might advertise for the position.

City Attorney Report.  City Attorney Peterson stated he had nothing new to report at this time.

City Engineer Report.  City Engineer Trom updated Council regarding wastewater treatment plant design, the second bid package for the water plant upgrade, and 270th Street improvements. Mayor Franker commented on the I-380 – Penn graphic that will be reviewed by Council on December 12.

Rezoning of New Annexation.  Moody moved, Kuhl seconded to approve Second consideration of Ordinance Number 06-32, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property owned by Jean Robillard and Renee Robillard (Parcel Number 0720454001); Frank E. Colony and Margaret J. Colony (Parcel Numbers 0719176001 and 0719151001); Moon Dance L.L.C. (Parcel Number 0720252003); Diana Pratt (Parcel Number 0720252002); Jay R. Davidson and Beverly J. Davidson (Parcel Number 0720251002); Kent D. Gedlinske and Colleen E. Gedlinske (Parcel Number 0720278004); Kristi A. Meyer (Parcel Number 0720301002); Bradford J. Houser and Becky Jo Houser (Parcel Number 0720301001); Michael J. McCue and Kathleen J. McCue (Parcel Numbers 0720377001, 0720376005, 0720451003, 0720452004); Whitetail Valley Number Two Homeowners’ Association (Outlots in Parts Two and Three); Craig C. Porter and Patricia A Donohoue (Parcel Number 0720453001); Sholeh Rejvani (Parcel Number 0720451001); Frances J. Meyer and Paul B. Rothman (Parcel Number 0720452002); Nicholas & Nancy Yutzy (Parcel Number 0720452001); Teresa M. Lee (Parcel Number 0720479001); David Lewis Bushnell, Jr. and Denise Marie Bushnell (Parcel Number 0720479002); and William B. Oglesby and Sharon K. Oglesby (Parcel Number 0720481002)  in North Liberty, Iowa, to those Set Forth in the North Liberty Municipal Code for the ID Interim Development District. The vote was: ayes – Salm, Wozniak, Moody, Kuhl, Bahl; nays – none. Motion carried.

Comprehensive Transit Study.  Bahl moved, Wozniak seconded to approve Resolution Number 06-237, A Resolution requesting that the Johnson County Council of Governments Board act to coordinate a Comprehensive Transportation Study for the entire area and committing the City to fund the City of North Liberty’s share of the cost for this study.  Discussion was had regarding Envirotech study and the City’s funding of the previous study.  Mayor Franker clarified that the City is in favor of a comprehensive study and willing to pay our portion. The vote was:  ayes – Moody, Bahl, Salm, Wozniak, Kuhl; nays – none. Motion carried.

Draft Good Neighbor Ordinance.  Mayor Franker commented regarding the proposed ordinance.  Kuhl moved to approve Resolution Number 06-238, A Resolution referring the draft of the Good Neighbor Ordinance to the Planning and Zoning Commission.  Discussion was held regarding the need for the resolution.  After the discussion was completed, the vote was: ayes – Kuhl, Wozniak; nays: Bahl, Moody, Salm.  Motion failed.

Draft Sensitive Areas Ordinance.  Wozniak moved, Kuhl seconded to approve Resolution Number 06-239, A Resolution referring the draft of the Sensitive Areas Ordinance to the Planning and Zoning Commission.  Discussion was had regarding Planning and Zoning’s involvement in the creation of the ordinance. The vote was: ayes – Wozniak, Kuhl; nays – Salm, Moody, Bahl. Motion failed.

Wireless Presentation.
C Free.  Rob Pilaszewski  presented information regarding C Free.  C Free installs free wireless service in public spaces.  Their service is designed to supplement other providers.  C Free would be happy to provide the service and/or advocate for the service to be provided in North Liberty.  C Free did an assessment and determined that coverage of three public areas, Penn Meadows Park, Liberty Centre, and the Recreation Center would cost the City $40,000.

Mediacom.  Lee Grassley presented information regarding Mediacom’s potential participation in providing WiFi service to the city.  He requested that Mediacom be given time to submit the same proposal as Southslope and CFree.  Grassley recommended working in partnership with businesses to create a program to ease the cost and keep the taxpayer money safe.

Southslope.  Natalie Stallman presented Southslope’s proposal for wireless services to the city.   Stallman provided information to Council regarding technologies for wireless service.  Southslope proposed a two phased installation of wireless services.  If the service is a managed service, one that requires subscription, staff would be needed to manage the service.

Laura Bergus, Media Coordinator, reiterated information submitted in Council’s packet.   The Mayor recommended the Telecommunications Commission review this matter.  Bergus requested direction from Council regarding this matter.  The Mayor requested several scenarios be returned to Council for their consideration.

Dog Discussion – Misha Goodman, Iowa City Animal Control.  City Administrator James provided background information for this matter being before Council.  Misha Goodman informed Council of the relationship between Iowa City Animal Control and cities.  Goodman discussed current dog ordinance shortcomings and recommended some solutions.  Goodman also recommended Council consider a tether ordinance and an exotic animal ordinance.  Goodman recommended staffing animal control with well trained volunteers.

Mayor Franker directed the City Administrator and City Attorney to work with Misha Goodman to update our ordinances.

Zenon Engineering Proposal.  Bahl moved, Salm seconded to approve Resolution Number 06 -240, A Resolution Approving the proposal for engineering services between GE Water and Process Technologies and the City of North Liberty in regards to the Zenon Membrane Design process.  The vote was: ayes – Moody, Kuhl, Bahl, Wozniak, Salm; nays – none. Motion carried.

License Agreement for Occupation of Railway Corridor.  Bahl moved, Salm seconded to approve Resolution Number 06-241, A Resolution Approving the License Agreement for Occupation of Railway Corridor between Cedar Rapids and Iowa City Railway Company and the City of North Liberty, Iowa.  The vote was:  ayes – Moody, Kuhl, Bahl, Wozniak, Salm; nays – none. Motion carried.

Water and Waste Water Rates Ordinances.  Salm moved, Moody seconded to approve the first consideration of Ordinance Number 06-33, An Ordinance amending Chapter 13.08, entitled “Water Rates and Charges,” of the Municipal Code of North Liberty by repealing Section 13.08.030, “Rates and Charges Established,” by adopting in lieu thereof new Section 13.08.03 to increase the charges for water used.  After discussion, the vote was: ayes – Bahl, Wozniak, Salm, Moody, Kuhl; nays – none. Motion carried.

Salm moved, Kuhl seconded to approve the first consideration of Ordinance Number 06-34, An Ordinance amending Chapter 13.16, entitled “Sewer Rates and Charges,” of the Municipal Code of North Liberty by repealing Section 13.16.020, “Service Charge Schedule,” therein to increase the Rates and Charges for Sewer Service.  After discussion, the vote was: ayes – Bahl, Salm, Kuhl, Wozniak, Moody; nays – none. Motion carried.

Facilities Planning Report.  Moody moved, Kuhl seconded to approve Resolution Number 06-242, A Resolution Approving the contract with RDG Planning and Design for services relating to the Facilities Planning Report.  After discussion, the vote was: ayes – Moody, Wozniak, Salm, Bahl, Kuhl; nays – none. Motion carried.

Highway 965 Speed Limit.  Moody moved, Bahl seconded to approve the second consideration of Ordinance Number 06-29, An  Ordinance amending Chapter 10.20, entitled “Speed Limits” of the North Liberty Municipal Code by deleting Section 10.20.020,  “ Exceptions to Speed Limits, “ and to adopt in lieu thereof a new section 10.20.020 to establish the exceptions to speed limits, in North Liberty, Iowa.  Kuhl would like to see the Jones Boulevard speed limit amended.  After discussion, the vote was: ayes – Kuhl, Moody, Bahl, Wozniak, Salm; nays – none. Motion carried.

Floodplain Ordinance.  Bahl moved, Salm seconded to approve the second consideration of Ordinance Number 06-30, An Ordinance amending Title 17, “Zoning,” of the North Liberty Municipal Code by amending Chapter 14, to establish Floodplain Management and Overlay Districts in the City of North Liberty, Iowa.  The vote was:  ayes – Salm, Bahl, Moody, Kuhl, Wozniak; nays – none.  Motion carried.

Wagner/Fox Run Part 13 Subdivision.  Moody moved, Bahl seconded to table the third consideration and adoption 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.  City Administrator James reported that the County Planning and Zoning Commission has requested the City table this action until the County’s concerns are worked out. After discussion, the vote was: ayes – Wozniak, Salm, Moody, Kuhl, Bahl; nays – none. Motion carried.

Limousine Ordinance.  Moody moved, Bahl seconded to approve the second consideration of Ordinance Number 06-31, An Ordinance Amending Title 17, entitled “Zoning,” of the North Liberty Municipal Code by amending Chapter 3, “Definitions,” by adding the Definition for “Limousine” and Chapter 9, “Commercial District C-Zones,”  adding Limousine to permitted uses in Table 9-C for the C-2-A Highway Commercial District and to Conditional Uses in Table 9-D for the C-2-B Highway Commercial District and Chapter 12, “Industrial District I-Zones,” adding Limousine to permitted uses in Table 12-A for the I-1 Industrial District , and Table 12-B for the I-2 Industrial District.  The vote was:  ayes – Bahl, Kuhl, Moody, Salm, Wozniak; nays – none.  Motion carried.

Council Comments.
Councilor Wozniak reported on his meeting with Paula Vincent from Clear Creek-Amana School district regarding the city contributing $500,000 for the upgrading of the gymnasium.  The School needs to know the City’s position as soon as possible for bidding specifications and final design of the project.

Councilor Salm provided information regarding the 965 Task Force Meeting scheduled for November 29.

Mayor Comments.  Mayor Franker noted that Councilor Moody has been named Mayor Pro-tem for the next six months.  The Mayor has had conversations with the North Liberty Food Pantry.  He requested the following items be included in the next agenda:  discussion regarding board and commission appointments, schedule for January and February meetings, 28E with the Iowa City Community School District, pond ordinance, and budget process

Closed Sessions.  At 8:44 p.m. Kuhl moved, Wozniak seconded to move into closed session for Discussion regarding the Coralville Annexation Application 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” and discussion regarding the West Trunk Sewer Main according to the Iowa State Code Section 21.5(c) and (j), “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.” and “To discuss purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property.” The vote was:  ayes – Wozniak, Salm, Moody, Kuhl, Bahl; nays – none. Motion carried.

At 9:58 p.m., Moody moved, Bahl seconded to come out of closed session and return to open session.  The vote was: ayes – Wozniak, Salm, Moody, Kuhl, Bahl; nays – none. Motion carried.

Adjournment.  Moody moved, Bahl seconded to adjourn at 9:59 p.m. All ayes. Motion carried.