City Council Minutes August 14, 2007

North Liberty City Council
August 14, 2007
City Council Chambers
No. 37

Mayor Tom Salm called the meeting to order at 7:00 p.m.

Council Members Present: Kuhl, Moody, Wilkerson, Bahl, Wozniak.

Also Present: City Attorney Scott Peterson, Acting City Administrator Tracey Mulcahey, City Planner Dean Wheatley, City Engineer Kevin Trom, Paul Osterholt, Mayor Salm, Bill Mausser, Lori Lindner, Jessie Burns, Doug Decharm, Assistant City Attorney Eric Sittig, Mary Byers, Alfred Carr, Connie Redig, Matthew Adam, Scott Anderson,

1. Approval of the Agenda. Moody moved, seconded by Bahl to approve the Agenda with the deletion of Agenda items four and eleven. After discussion, the vote was: Wozniak, Kuhl, Moody, Bahl, Wilkerson; nays—none. Motion carried.

2. Consent Agenda. Bahl moved, seconded by Wilkerson, to approve the Consent Agenda. During discussion, Moody pointed out that there was no quorum at the Parks and Recreation Meeting and also questioned the addition of the bill for the West Trunk Line Project first payment. Mulcahey assured the Council that the invoice is reviewed by the City Engineer before it is authorized for payment. After discussion, the vote was: ayes—Wilkerson, Bahl, Wozniak, Moody, Kuhl; nays—none. Motion carried.

3. Public Comment. Alfred Carr, 722 Molly Drive: Voiced a concern on two bit bulls that were loose in his neighborhood on Saturday evening, August 11th when they were having a neighbor block party. The dogs charged at him, but with the help of a neighbor, he was able to avoid injury. He is a new resident of North Liberty and voiced a concern on the lack of animal control and the procedure for vicious animals. He feels this type of aggressive dog does not belong in North Liberty and would like the City to come up with some better ideas on how to deal with animals and their control.

Acting City Administrator shared with the Council the situation of the incident that Mr. Carr is referring too. On the particular Saturday night two bit bulls from the Molly Drive area got loose and were eventually cornered in a backyard on George Street. The North Liberty Police Department, with the help of Johnson County Sheriff’s Department, were able to capture the dogs without incident and the Iowa City Animal Control took the animals to the shelter. A Municipal Infraction will be served against the owners for non-registration of the animals, allowing them at large within the City and for maintaining a nuisance because one of the dogs did bite another dog. As of this writing the dogs are still at the animal shelter.

This did bring up a reminder on the City’s part to revisit our Pet Ordinance, and Mulcahey will have information on the next Agenda.
Connie Redig, 667 Molly Drive: This is not the first time this has happened with these dogs. These dogs will come over other people’s fences when they are cooking out. She would like the City to address the vicious dog ordinance.

The Mayor told the audience that the City Council is very concerned about Public Safety and will take an aggressive approach to this situation.

4. Official Announcements. This item was removed.

5. City Attorney Report. No report was given.

6. City Engineer Report. Water Plant and Jordon Well Update: Well #5 has been rehabilitated and tested, and is pumping 1100 gallons per minute. The rest of the project is completed with the ordering of the pump for Well #5.

West Trunk Sewer Project: Construction continues on this project with no issues to report. The Final Completion Date is October 15, 2007.

Wastewater Treatment Plant Project: Still ahead of schedule and

270th Street Construction. All the sanitary sewer, storm sewer, and the water mains are in. Grading for the street, paving of the street and the sidewalks are remaining to be completed. Completion of these items should occur in the next two weeks weather permitting.

7. Acting City Administrator Report. Vision Iowa/CAT Project Update. The City has received $50,000 in Community Attraction and Tourism funds for the project at 515 West Penn Street. The funds can only be committed with the following parameters:
1. The funds can only be used for the grounds, construction of the gazebo, landscaping and other garden improvements, and not for the house. Because rehab of the house included office space for Telecommunications, the CAT /Board decided to not fund that item.
2. The funds will be committed contingent upon the City having raised or received commitments for the remaining unfunded balance of $110,000 within 90 days. If the funds cannot be shown as being committed or received, the grant will not be made to the City.

Council may be asked to consider increasing their contribution to the project from a projected $340,000 to $450,000. Mulched is waiting on recommendation from the History Committee regarding the financing gap.
City Administrator Application Process: When the application period closed on August 1, 2007, twenty-one applications were received for the position. Four candidates requested that their name be removed from experience and qualification surveys. Application packets are being provided to the Committee this weekend for scoring. The top applicants will be interviewed on September 7 and 8, and the Committee will be visiting the top applicant’s hometown the following week. The recommendation of the Committee will be presented to Council for consideration on September 25, 2007.

Parks Plan Update: Mulched received a draft Parks Plan Update from the RDG Planning and Design Group in the mail today. The Mayor and Mulched will get the review process started and get back to Council as soon as possible for their review.

Compensation Study Update: The Personnel Committee of Council has been conducting Appeals Hearings from City employees regarding their classification by the consultant. Mulched anticipates that the Council will consider the Compensation Study on August 28th.

Adopt a Street Program: Should be on the Council Agenda soon for their consideration.

Highway 965 Project: The kickoff Meeting should be in September.

Bob’s Place: The owners were granted a continuance from the State indefinitely. They have been attempting to get the items completed that the City has sited them on. Hopefully all items will be completed by August 28 City Council Meeting.

Mulched reminded the Council of the joint meeting with the Planning Commission on Saturday, August 11, 2007.

Fox Engineering will be presenting to the community the new Wastewater Treatment Plant Facility on August 21st in the Garden Conference Center. Everyone is welcome.

August 22nd is the joint meeting with Johnson County, Cities of Coralville and Iowa City, and the Iowa City School Board.

8. Parks and Recreation Commission Appointment. Moody moved, seconded by Kuhl, to appoint Kerry Fitzpatrick to the Parks and Recreations Commission. After discussion, the vote was: ayes—Kuhl, Moody, Wilkerson, Wozniak, Bahl; nays—none. Motion carried.

9. Jefferson Point II: Planned Area Development. The developer is providing payment which will fund a four foot sidewalk across Jefferson Point II in the amount of $2001.69 which would fund a four foot sidewalk across this part of the development when installed.

Bah moved, seconded by Wozniak to approve the Third consideration and adoption of Ordinance Number 07-17, An Ordinance Approving the Variances to the North Liberty Zoning Code Set Forth in the Planned Area Development Plan for Jefferson Point II, located at 45 West Jefferson Street, North Liberty, Iowa. After discussion, the vote was: ayes—Bahl, Moody, Wozniak, Kuhl, Wilkerson; nays—none. Motion carried.

Bahl would like the City look at North Front Street for the future trails systems before the sidewalk is put in. He feels this area would be a good connection to Cedar Development and a safe way for travel on North Front Street.

10. Pet Daycare Ordinance. Moody moved, seconded by Bahl, to approve the Third consideration and adoption of Ordinance Number 07-15, An Ordinance Amending Title 17, Chapter 12, Section 12.02, Zoning Code of the North Liberty Municipal Code Adding “Pet Animal Boarding Facilities” as Conditional Uses in I-1 and I-2 Zoning Districts. After discussion, the vote was: ayes—Wozniak, Kuhl, Moody, Bahl, Wilkerson; nays—none. Motion carried.

11. Bob’s Place Liquor License. Removed from the Agenda.

12. Strategic Plan. Kuhl moved, seconded by Wilkerson, to approve Resolution Number 07-139, A Resolution Approving the Strategic Plan Prepared by the Institute of Public Affairs for the City of North Liberty for FY08. During discussion, Bahl would like the Council to revisit this document on a regular basis as we look to the future. Wozniak’s two priorities are developing the Green Ordinance and expanding the Transit System. Moody would like to see the Strategic Plan come up on a yearly basis. After discussion, the vote was: ayes—Bahl, Moody, Kuhl, Wilkerson, Wozniak; nays—none. Motion carried.
13. Facilities Plan. Doug DuCharme, architect for Shive Hattery Engineers, showed a proposed future plan for Streets, Parks and Water Departments to all eventually be located on the new land the City purchased from the Alberhasky Family on South Front Street. The plan was requested some time ago by Council to determine whether there is room on the site for all their uses, and the plan shows that there is.

14. Riddle Ridge Plats (Johnson County). Moody moved, seconded by Bahl, to pass Riddle Ridge Plats on to Johnson County without objection as the Planning and Zoning Commission recommended. After discussion, the vote was: ayes—Bahl, Moody, Kuhl, Wilkerson, Wozniak; nays—none. Motion carried.

15. Zell-Mar Subdivision. This property located on the edge of North Liberty, and staff and the Planning Commission recommended this property be annexed into the City rather than approve in the County. Johnson County has different standards for development than the City and once development occurs it could create a very problematic blockage for the City’s growth.

The Planning Commission recommended denial of the Preliminary Plat citing the need for the property to be annexed in to the City of North Liberty.

Paul Anderson addressed the Council on the long process he has been through the last year with this property, and stated that he just wants someone to act on his development. He also would like the speed limit on Highway 965 lowered in this area so there wouldn’t be a problem with vehicle traffic turning on to 230th Street.

Moody moved, seconded by Wozniak, to deny the Preliminary Plat. During discussion, Moody wanted clarification that with the City denying the Preliminary Plat, it doesn’t preclude him from requesting annexation from the City. Wheatley said if he annexed just his development lot into the City, the subdivision plat would not be required. After discussion, the vote was: ayes—Moody, Wozniak, Kuhl, Bahl, Wilkerson; nays—none. Motion carried.

16. Tattoo Establishment Permitted Use. Wheatley worked with Mark Schwalm-Bell on an amendment to the Zoning Ordinance to allow for tattoo establishments in the Highway Commercial District that would conform to State Guidelines.

Moody moved to deny the First consideration of Ordinance Number 07-19, An Ordinance Amending Title 17, Chapter 9, Tables 9-C and 9-D, Zoning Code, of the North Liberty Municipal Code Adding “Tattoo Establishment” as a permitted use in the C-2-A and C-2-B Highway Commercial Zoning District. Motion died for lack of a seconded.

Moody moved, seconded by Wilkerson, to approve the First consideration of Ordinance Number 07-19, An Ordinance Amending Title 17, Chapter 9, Tables 9-C and 9-D, Zoning Code, of the North Liberty Municipal Code Adding “Tattoo Establishment” as a permitted use in the C-2-A and C-2-B Highway Commercial Districts. During discussion, Moody has concern with the reputation of tattoo parlors and hopes the owner stays on top of things. Bahl supports the Amendment as long as establishments follow state code and are run in a clean and safe manner. Wilkerson feels this is a good business, is regulated under state law, and would fit perfectly in this zoning district. She is in favor of the Amendment. Kuhl questioned if this type of business could be in or next to a bar or liquor store. Wheatley explained it could be located next to a bar or liquor store, and Schwalm-Bell noted that a tattoo establishment cannot tattoo a person under the influence of alcohol.

The applicant, reemphasis that he plans to run his business above and beyond the state requirements for sanitation, having more an appearance of higher end art gallery business and not the stereotype.

After discussion, the vote was: ayes—Wilkerson, Moody, Kuhl, Bahl, Wozniak; nays—none. Motion carried.

17. Board of Adjustment Criteria. The purpose of this amendment is to give the Board of Adjustment guidance in making their decision in granting variances from the terms of the Zoning Ordinance. Variances should only be granted in very special limited circumstances.

Moody moved, seconded by Bahl, to approve first consideration of Ordinance Number 07-20, An Ordinance Amending Title 17, Chapter 2, Section 203.7, Zoning Code of the North Liberty Municipal Code Regarding Criteria to be Utilized by the Board of Adjustment in deciding variances. After discussion, the vote was: ayes—Wilkerson, Moody, Kuhl, Bahl, Wozniak; nays—none. Motion carried.

18. Liberty Centre, Part One, Lot 14 Final Plat. This item was on the agenda of July 24th where Council attendance constituted a quorum, but not enough members to take official action on Resolutions and Ordinances without unanimous vote. The vote on this item was 2-1 in favor, but was later found to be insufficient to pass the Resolution. It is the City Attorney’s opinion that the Council Member that voted against the Final Plat could move to reconsider, then the Council could act on that motion to reconsider the Resolution. If there is not a motion to reconsider then any member of the Council could move to rescind the action of the Council’s vote from the last meeting; and if that motion prevails then the Council could reconsider the Resolution.

Moody was the Councilor who voted against this item at the last meeting, and he stands by his vote until there is an Overlay District for this area. Wheatly stated that at the last Planning Commission meeting there was discussion on an Overlay District for Liberty Centre and he will have a proposal for them in September.

There was no action taken on this item.

19. The Villas at Liberty Executive Park. This item was also on the agenda of July 24th where the Council consisted of a quorum, but not enough members to take official action on Resolutions or Ordinances without unanimous votes. The vote on this item was also a 2-1, so the motion failed, though at the time it was considered passed.

Mathew Adam, attorney for the Developer, addressed the Council, and stated that he believes the law requires a majority vote to pass, but that the motion fails in the absence of that majority; not a denial. He believes that the Villas at Liberty Executive Park and the Liberty Centre items are not to be reconsidered or rescinded, but that the effect is the same as if they never happened. He believes they should be considered new items at this meeting.

Wilkerson was the Councilor who voted against the Villas at Liberty Executive Park, and would reconsider her vote if the City had some building design standards in place. She wants to make sure that the City does not have to bear the cost of any future sound barriers and that there are design standards in place to protect the future homeowners of this area, so that they will be able to enjoy their backyards and the pleasure of an opened window. She would like to have this discussed at the joint meeting with Planning Commission and City Council on Saturday.

It was the consensus of the Council to not take action on this item until after the joint meeting with Planning Commission and the City Council.

Matthew Adam reemphized his opinion that the Council does not have to reconsider or rescind these items. It is only an option if it takes place within the same meeting that the original action was taken. He would like the Council to take action on these items tonight.

20. The Villas at Liberty Executive Park, Final Plat. No action taken.

21. Street Closure Request. Moody moved, seconded by Bahl, to approve Resolution Approving the closure of Cattail Lane from Watercress to North Park Ridge on August 25, 2007 from 3:00 p.m. to 11:00 p.m. for a Block Party. After discussion, the vote was: ayes—Wilkerson, Kuhl, Bahl, Wozniak, Moody; nays—none. Motion carried.

22. Salt/Sank Bunker. The Public Hearing was opened at 8:35 p.m. and there were no comments. The Public Hearing was closed.

Moody moved, seconded by Bahl, to approve Resolution Number 07-149, A Resolution approving the proposed plans, specifications, form of contract, and estimated cost of the North Liberty Salt/Sand Storage Facility. After discussion, the vote was: ayes—Kuhl, Moody, Bahl, Wozniak, Wilkerson; nays—none. Motion carried.

Bahl moved, seconded by Moody, to approve Resolution Number 07-150, A Resolution Awarding the Bid for construction of the Salt/Sand Bunker Iowa Bridge and Culvert. After discussion, the vote was: ayes—Wozniak, Bahl, Kuhl, Moody, Wilkerson; nays—none. Motion carried.

Moody moved, seconded by Wozniak, to approve Resolution Number 07-151, A 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. After discussion, the vote was: ayes—Bahl, Wilkerson, Moody, Kuhl, Wozniak; nays—none. Motion carried.

23. Forevergreen/Jasper Stop Sign. Kuhl moved, seconded by Moody, to approve the first consideration of Ordinance Number 07-21, An Ordinance Amending Chapter 10.28, Entitled “Special Stops, “ of the North Liberty Municipal Code by Amending Section 10.28.010, “Through Streets Established,” to Establish through Streets at and to set forth the Requirements for Designation Placement of Stops for Motor Vehicles Entering Through Streets. After discussion, the vote was: ayes—Bahl, Wilkerson, Moody, Kuhl, Wozniak; nays—none. Motion carried.

24. Annexation of City Shop Property. Public Hearing was opened at 8:40 p.m. and there were no comments. Public Hearing was closed.
Kuhl moved, seconded by Moody, to approve Resolution Number 07-152, A Resolution Authorizing and Accepting the Application of the City of North Liberty to Annex a Tract of Ground to the City of North
Liberty. After discussion, the vote was: ayes—Bahl, Wilkerson, Moody, Kuhl, Wozniak; nays—none. Motion carried.

25. Building Department Vehicle Purchase. Moody moved, seconded by Bahl, to approve Resolution Number 07-153, A Resolution Authorizing and Approving the Purchase of a 2007 Jeep Liberty for the City Building Department. After discussion, the vote was: ayes—Bahl, Wilkerson, Moody, Kuhl, Wozniak; nays—none. Motion carried.

26. Old Business. Moody would like an update on the Pond Maintenance Ordinance.

Kuhl want an up-date on the Irrigation Ordinance. Mulcahey reported that the Ordinance needs some fine tuning, but the Water Superintendent is out of the office due to the birth of his daughter. As soon as he gets back, Mulcahey will get with him.

Moody questioned the time frame for placing a traffic light at Penn Street and I-380 Interchange. Mulcahey reported that it’s the order time that takes so much time.

27. New Business. Moody commented on Paul Anderson’s request to lower the speed limit on Highway 965. Moody believes that section of Highway to be in the County, and would like staff to ask the County if they will lower the speed. Mulcahey has talked to the County and they feel as we annex in the Highway, the City can lower the Speed limits.

Wilkerson would like the Council to talk about trail etiquette.

Moody moved, seconded by Wozniak, to adjourn the meeting at 8:33 p.m. After discussion, the vote was: ayes—Kuhl, Moody, Wilkerson, Wozniak, Bahl; nays—none. Motion carried.