City Council Minutes December 19, 2006

City Council Meeting
December 19, 2006
Regular Session
Number 14

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

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

Others present, Brian James, Scott Peterson, Kevin Trom, Tracey Mulcahey, Andy Kromphardt, Bill Mausser, Doug DuCharme, Dee Crowner, Dave Ramsey, Tom Palmer, Shelly Simpson, Guy Goldsmith, Duane Musser, Pam Wagner, Forrest Leveille, Art Chipman, and other interested citizens.

Consent Agenda.  Kuhl moved, Wozniak seconded to approve the agenda and the consent agenda with the Police Chief’s report, City Council minutes from the December 12, 2006 regular meeting and the attached list of bills. The vote was: ayes — Kuhl, Bahl, Wozniak, Moody, Salm; nays – none.  Motion carried.

Public Comment.  Todd Parks, 230 Lockview, spoke in support of the partnership with Clear Creek-Amana School district for shared gymnasium space.  He commended council for previous decision to implement public transit from North Liberty to downtown Iowa City.  He reported that the bus is almost full on a daily basis and will soon be standing room only.

Mayor Announcements.  Mayor Franker announced that he has received correspondence regarding interest in having community band events at Liberty Centre next summer. He has also received Farmers Market interest for Liberty Centre. He requested that Council discuss possibility of implementation.

City Administrator Report.  City Administrator James reported on several items from his report.  The sewer rate proposal in packet shows in FY 08 quite a jump in costs.  This is not a tiered system, rather strictly a cost analysis.  This projection shows where rates will be required to go to cover projected expenses.  Staff is working with our financial consultant advising on rate structures.  Staff will also review hook up fees for cost of new plant.

Information regarding the North Liberty Community Food Pantry was contained in the packet.  James comments were included in his report.

Regarding the pond ordinance, City Administrator James offered additional information regarding his memo.  He held discussion with Tree/Stormwater board regarding the  ordinance to have a little better control over public and private wet basin detention ponds.  He had recommended the possibility of moving more to a dry basin situation which could put less requirements in this ordinance.  Developer’s agreements and covenants will be recommended to use to provide for pond maintenance and upkeep.  The ordinance will address garbage, debris, weeds, brush, algae and other issues with ponds.  Discussion with the City Engineer and Parks Supt. Was held regarding chemical treatments, depth of ponds, and aeration. Council recommended that City Attorney and City Administrator put together an ordinance that encompasses all  needs of pond upkeep and maintenance including chemical usage and aeration.

Discussion was held regarding scheduling Council meeting dates for February.  Staff expressed concerns regarding bill payment and number of meetings to address budget issues.  The City Administrator was asked to make a recommendation regarding meetings to ensure that Staff’s concerns are satisfied.

City Attorney Report.  City Attorney Peterson offered an update regarding the West Trunk sewer lines and easements.  The agreement has been proposed to the attorney.  Due to the timing and schedule of the attorney, a turn around date is unknown.  Peterson is hopeful that we will be hearing back soon.

Board and Commission Appointments.  Four applicants were presented for three positions on the Board of Adjustments,  Art Chipman, Alison Werner Smith, Forrest Leveille, Jay Strunk. The terms consist of a one year term, a two year, and a full 4 year assignment.  Art Chipman spoke regarding his application. He would like to be involved in the community and can see all sides of issue.  Forrest Leveille would like to serve the city in an official capacity. As in his application, he has worked for Rockwell for the past ten years as an engineer.  He would weigh all the issues and make an objective decision.  Werner Smith and Strunk were not present.

Council discussed candidate preferences.  Councilor Wozniak proposed the fourth non-appointed could serve on the Cemetery Board.

Kuhl moved to approve Werner Smith to the four year term, Leveille to the two year term and Chipman to the one year term.  The motion died for lack of a second.

Moody moved, Bahl seconded to appoint Werner Smith to the four year term, Strunk to the two year term and Chipman to the one year term.  The vote was: ayes – Salm, Moody, Bahl, Wozniak, Kuhl; nays – none. Motion carried.

Mr. Leveille was asked to serve on the cemetery board. He requested additional information regarding the board before making the commitment to serve.

Conditional Use Ordinance.  Bahl moved, Salm seconded to approve the second consideration of Ordinance Number 06-35, An Ordinance Amending Chapter 20, Entitled “Conditional Uses,” of the North Liberty Municipal Code by adding Sections 2002, 2003, 2004, 2005, and 2006 to allow the Board of Adjustments to Authorize Conditional Use Permits.  The vote was: ayes—Salm, Wozniak, Moody, Kuhl, Bahl; nays – -none.  Motion carried.

Clear Creek Amana School District Property Conveyance.    Salm moved, Wozniak seconded to approve Resolution Number 06-250, A Resolution Accepting a Deed from Cedar Holdings LLC and A & G Holdings LLC and a deed from JDHP Development LLC and Authorizing the Conveyance of Property to Clear Creek-Amana School District.   After discussion, the vote was: ayes – Moody, Bahl, Salm, Wozniak, Kuhl; nays – none. Motion carried.

The public hearing regarding the City’s disposal of interest in property being conveyed to Clear Creek-Amana School District was opened.  No oral or written comments were received. The public hearing was closed.

Kuhl moved, Wozniak seconded to approve Resolution Number 06-251, A Resolution Approving the Deed from the City of North Liberty to the Clear Creek-Amana School District.  The vote was: ayes – Kuhl, Bahl, Wozniak, Moody, Salm; nays – none. Motion carried.

North Liberty Recreation Space Needs.   Data and information were presented to provide Council with the basis to work toward making a decision regarding funding the expansion of the Clear Creek Amana School District gymnasium to expand recreational space for the City.  Information was received from Bill Dikis of RDG, Mike Moran, City of Iowa City Parks and Rec., Lane Plugge, ICCSD, and Bill Hoefer, the original architect for the Community Center.

Bahl moved, Moody seconded to table the discussion regarding North Liberty Recreation Space Needs.  After discussion, the vote was: ayes – Moody, Bahl; nays – Wozniak, Kuhl, Salm.  Motion failed.

Doug DuCharme,– Shive Hattery architect for school district, provided update regarding design process and possibilities of adding gymnasium to new building.  He presented floor plan and footprint for proposed building.

Council discussed the information presented and offered their concerns and opinions.

Public Works Facility Property Purchase.  Wozniak moved, Kuhl seconded to approve Resolution Number 06-252, A Resolution Approving a Purchase Agreement of a 29.57 acre parcel from Alberhasky Family Farm.  After discussion, the vote was: ayes – Wozniak, Salm, Moody, Kuhl, Bahl; nays – none. Motion carried.

Department Budget Priorities.  Waste Water Dept. Superintendent,  Dave Ramsey spoke regarding budget priorities for FY 2008.  Three major projects include new plant design for membrane bioreactor system, lift station backup equipment, and additional staff as new plant comes online.

Library Director, Dee Crowner, presented report regarding budget priorities for FY 2008.  The main goal is expansion within three years. The library is working on increasing staff salaries and adding adult services librarian before library is expanded.  Library would request fully funding the tuition reimbursement for staff taking classes at $4,800 per year.   With the elimination of print reference material and moving to an all database system, this budget item will increase to $2,500 rom $975 per year.

City Administrator James reported that in the administration budget, Staff will be requesting funds for city wide compensation study.

Buildings and Grounds Superintendent, Guy Goldsmith presented priorities for budget year FY 2008.  Experiencing large growth equals additional maintenance requirements.  In the last year, the City has received an additional 3.5 miles of trail system.  Goldsmith expects that the Parks Comprehensive Plan will help achieve the vision for tomorrow.  Budget priorities include:  1. More employees–Full time & seasonal 2. More equipment including commercial walk behind mower, commercial zero turn mower, utility vehicle, and a  new pickup truck. 3.  New park maintenance facilities.

Code Official, Tom Palmer presented departmental priorities for FY 08.  Departmental needs include:  1.  stormwater permitting and inspection staff to handle the growing needs 2.  At 15,000 population, rental housing inspection is required 3.  At approximately 20-25,000 population, water protection systems which will require additional staffing.

Water and Waste Water Rates Ordinances.  Moody moved, Kuhl seconded to approve the third consideration and adoption 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 – Kuhl, Bahl, Wozniak, Moody, Salm; nays – none. Motion carried.

Kuhl moved, Salm seconded to approve the third consideration and adoption 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.  The vote was: ayes – Wozniak, Salm, Moody, Kuhl, Bahl; nays – none.  Motion carried.

Wagner/Fox Run Part 13 Subdivision.  Moody moved, Bahl seconded to table Wagner/Fox Run Part 13 Subdivison until zoning comes in on other part.  After discussion, the vote was:  ayes – Moody, Bahl; nays – Kuhl, Wozniak, Salm. Motion failed.

Salm moved, Kuhl seconded to approve 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.  After discussion, the vote was: ayes – Salm, Wozniak, Kuhl; nays – Moody, Bahl. Motion carried.

Duane Musser, MMS Consultants, and Pam Wagner, the developer presented the Preliminary Plat for Fox Run Subdivision, Part 13.

The Planning and Zoning Commission recommended approval subject to correcting note two on the plat to reflect that lots 14, 15, and 16 shall not have access to Highway 965 and deleting lot number 3.  Staff recommends approval of the Preliminary Plat as submitted.

Moody moved to table Resolution Number 06-248, A Resolution Approving the Preliminary Plat for Fox Run Subdivision, Part 13.  The motion died for lack of a second.

Salm moved, Wozniak seconded to approve Resolution Number 06-248, A Resolution Approving the Preliminary Plat for Fox Run Subdivision, Part 13.  After discussion, the vote was: ayes – Kuhl, Salm, Moody, Bahl, Wozniak; nays – none. Motion carried.

Council Comments.  Councilor Kuhl asked for updates to the City website regarding commission/board appoinements when they happen.

Councilor Salm reported that Thursday, December 21 is the Highway 965 interviews starting at 4:30 p.m.

Councilor Bahl reported that the City has tried Farmer’s Market several times through the years and has never really seen a big interest.

Councilor Moody inquired about the next agenda setting meeting.  The Johnson County supervisors will be considering the first consideration of the Human Rights Ordinance on December 21, 2006.  Moody requested that on an upcoming agenda, the start time of Council meetings being moved to an earlier time be discussed due to the lengthiness of meetings.

Councilor Wozniak reported that he attended the JCCOG meeting last week.  He reported that the public session for the Parks Comp Plan is scheduled for Wed. (December 20) from 5 – 7 p.m. in the Gerdin Conference Center.  The public will have the opportunity to see proposals from RDG regarding park concepts and overarching plans and add input.

Mayor Comments.  Mayor Franker expressed disappointment in the communications and updates from consultants regarding their process He requested regular updates for City Council from RDG, especially regarding city facilities.  He wants it in written form right away and RDG should be at all  Council meetings.

Regarding the Farmers Market, the Mayor has received correspondence from vendors who don’t have space in Coralville and Iowa City due to the growth in their markets.

Mayor Franker inquired as to the effective date of the revised speed limit on Highway 965.  Staff offered that the publication will be on December 20, 2006. Signs are on order and will be posted as soon as received.

At 9:10 p.m. Kuhl moved, Salm seconded to go into closed session 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” to discuss the Coralville Annexation.  The vote was: ayes – Wozniak, Salm, Moody, Kuhl, Bahl; nays – none. Motion carried.

At 10:06 p.m, Moody moved, Wozniak seconded to come out of closed session. The vote was: ayes – Wozniak, Salm, Moody, Kuhl, Bahl; nays – none.  Motion carried.

At 10:07 p.m., Moody moved, Bahl seconded to adjourn. All ayes. Meeting adjourned.