City Council Minutes February 27, 2007

North Liberty City Council
February 27, 2007
Regular Session
Number 19

Mayor Franker called to order the regular session of the North Liberty City Council at 7:01 p.m.

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

Others present: City Administrator Brian James, City Attorney Scott Peterson, City Engineer Kevin Trom, Assistant City Administrator/Clerk Tracey Mulcahey, Tommy Haines, Laura Bergus, Bill Mausser, Rachel Gallegos, Lori Lindner, Mark Owen, Paul Anderson, Melvin Green, Chris Hoffman, Duane Musser, Jason Dumont, Kevin O’Brien, Mike Hodge, Mike Pugh, Douglas Paul, Bill Pypes, Clair Mekota and other interested citizens.

Consent agenda. Moody moved, Bahl seconded to approve the agenda with the removal of items number 20 & 21 relating to the closed session regarding annexation and the consent agenda with the Library Director’s Report, Tree and Stormwater Board minutes, Telecommunications Commission minutes, Planning and Zoning Commission minutes, City Council Minutes – February 8, 2007 Regular Meeting, Resolution Number 07-23, A Resolution Supplementing Resolution Number 06-250 Passed on December 19, 2006, January Revenues and the attached list of Bills. After discussion the vote was: ayes – Kuhl, Bahl, Wozniak, Moody, Salm; nays — none. Motion carried.

Public Comment. Mark Owen, 30 W. Penn Street, expressed concerns regarding snowmobile traffic on Penn Street. He reported that the snowmobilers do not comply with the time limits, location of snowmobile trails, and other issues.

Paul Anderson, 3150 230th Street, is attempting to get his mother’s house rezoned. Johnson County needs information from the City. He requests that the Council approve that.

Melvin Green, 2159 Hwy 965 NE, is seeking permission to lease/purchase property in County to operate a small daycare center.

Official Announcements – Mayor Franker. Mayor Franker announced a new twist to the phrase “Lighten Up North Liberty.” Mayor Franker expressed thanks to volunteer fire department, police department, JR Brumley at Southslope Cooperative, Brian James, and Tracey Mulcahey for their work with the storm.

City Engineer Report. City Engineer Trom reported on active projects. Liberty Center Pond has received two awards, Iowa Concrete Association for the trail and the Engineering Excellence Award in special projects category.

Wastewater Treatment Plant bids will be received March 22 for consideration at second council meeting in March.

The 240th Street second segment will start soon and be done in June.

The West Trunk Sewer plans have been with IDNR for a month. The project has been moved up in their permitting schedule. The engineer expects that we should receive permit soon.

The 270th Street project is approximately 70% complete in design. Bids will be received in May. The project is expected to be complete in September or October.

Water tower completion is estimated around June 10, 2007.

With the Water Bid Pack 3, the ASR Well, staff has located a viable site that will not require property acquisition.

City Attorney Report. City Attorney Peterson reported that on February 21 the Supreme Court denied the appeal from the City of Coralville regarding annexation. On February 14, the district court ruled on Coralville’s motion to dismiss adversely to the City of Coralville. He does not expect any action taken by the Development Board as the case is still pending.

Discussion was held regarding City Development Board meeting schedules and agenda posting.

Mayor Franker requested consideration of election law updates be on the agenda for the March 13 meeting.

Discussion Human Rights Ordinance: City Attorney. City Attorney Peterson presented the proposed Human Rights Ordinance. Peterson reported that the City can not join in with the County without the amount of population requiring the creation of a separate Civil Rights Commission. Without this, the State Civil Rights Commission is the enforcement authority. Johnson County has not expressed interest in other cities joining in on the ordinance with the creation of a Civil Rights Commission. Discussion was held regarding the creation of a Commission in regards to enforcement.

Petition Process and Procedure. Wozniak moved, Bahl seconded to approve Resolution Number 07-24, A Resolution Establishing Protocol Concerning Petitions Presented to the City as Authorized by State Law. City Attorney Peterson presented the petition process and procedure. Discussion was held regarding the language in the policy. After discussion, the vote was: ayes – Moody, Bahl, Wozniak, Kuhl, Salm; nays — none. Motion carried.

City Administrator Report. City Administrator James presented his report. James reported that the work was not able to be completed on the Animal/Pet ordinance due to this weekend’s storm.

City has received an email complaint about snowmobiles. James has spoken to Mel Rhinehart from the Snowdrifters snowmobile club regarding the complaint. James will speak with Mr. Rhinehart again regarding new concerns brought up tonight and check on enforcement. James encouraged citizens to make the report to the police department of snowmobiles running late. Mayor Franker requested best practices regarding what other cities are doing with snowmobiles in communities our size. Discussion was held regarding snowmobiles operating in other cities our size.

Mayor Franker requested increased patrolling after 5 p.m. with the addition of new officers.

James presented an update regarding the storm and power outage this weekend. He provided Council with a memo regarding the weekend’s events. James stated that staff did a really good job in cleaning up from the storm as the damage was occurring. He is coordinating with Johnson County Emergency Management regarding reimbursement for storm damage. Discussion was held regarding backup generation in the Community Center. Councilor Bahl commended staff for their work and long hours in the storm.

80/20 Voluntary Annexation Petition. Mayor Franker opened the public hearing regarding the application for annexation. Douglas Paul, Peterson Place, spoke representing Citizens for Sensible Development. He thanked Council for receiving this petition. He commented regarding the Johnson County resolution regarding the fringe agreement. The public hearing was closed.

Moody moved, Kuhl seconded to approve Resolution Number 07-25, A Resolution Authorizing the Applications of Daniel S. O’Leary and Laura K. Heilenman (Parcel Number 0721326001), Barbara Putnam (Parcel Numbers 0720201001, 0717376006), Lisa Mysnyk (Parcel Numbers 0720278005, 0720279002, 0729201013), Thomas J. Schmidt (Parcel Number 0720402001), Daniel C. Gerot and Jill Anne Gerot (Parcel Number 0720152001), Richard Turnipseed and Lorraine Turnipseed (Parcel Number 0729101008), Carol G. Schiltz (Parcel Number 0729101007), Dale A. Ott and Debra G. Ott (Parcel Number 0729101006), Michael D. McDowell (Parcel Number 0729101001), Darlene M. Reed (Parcel Number 0729101009), Lon A. Tinkey and Catherine L. Tinkey (Parcel Number 0729101005), David E. Brown and Cynthia J. Brown (Parcel Number 0729101004), Thomas L. Kirk and Denise L. Kirk (Parcel Number 0729101002), Robert T. Loyd and Rebecca A. Loyd (Parcel Number 0721330001), Thomas R. Scherrman (Parcel Number 0721327001), Steven G. and Marla K. Faga (Parcel Number 0721328006), Kert O. Thielen and Rozalee R. Thielen (Parcel Number 0720476003), James E. Savage and Cassie L. Savage (Parcel Number 0721328004), Richard S. Levine (Parcel Number 0720476001), Hillary Granfield (Parcel Numbers 0721353003 and 0721353002), Michael J. Haight and Polly A. Haight (Parcel Number 0720476002), Mary E. Brown (Parcel Number 0721329002), Robert R. Stessman and Mary C. Stessman (Parcel Number 0729101003), Donald G. Shurr and Marilyn L. Shurr (Parcel Number 0721226001), Stephen W. Wessels and Jana R. Wessels (Parcel Number 0721226006), Patricia Ann Podhajsky (Parcel Number 0721226005), Paul Rozinek and Kathleen B. Rozinek (Parcel Number 0721226003), Kathy M. Keifer and Catherine A. Young (Parcel Number 0721252006), Joanne M. Swenson (Parcel Number 0721252007), David Roland Sheff (Parcel Number 072152002), Steven W. Meyer and Maureen G. Meyer (Parcel Number 0721252004), Leo R. Zeithamel and Donna J. Zeithamel (Parcel Number 0721226002), James A. and Nancy E. Goeken (Parcel Number 0721226004), Dale Eric Wurster and Pamela Ann Wurster (Parcel Number 0721252005), Bruce D. Goddard and Carolyn C. Goddard (Parcel Number 0721252003), County Down Homes Association (Parcel Number 0721252001), Stephen A. Knebel (Parcel Number 0721326002), Squire Point Homeowner’s Association, Tim E. Schowalter (Parcel Number 0717376004), Paul R. Brown and Jane M. Brown (Parcel Number 0717377001), Robert L. Barta (Parcel Number 0717378002), Charles J. Pruchno and Marcia C. Willing (Parcel Number 0729201003), Kim Louise Callaghan (Parcel Number 0729201020), John P. Murry and Leann J. Larson (Parcel Number 0729201021), Ruth B. Poust (Parcel Number 0729201008), Judith A. Allen (Parcel Number 0729201009), M. Paul Strottmann and LaVella A. Strottmann (Parcel Number 0729201014), Dwight R. Norris and Judith A. Norris (Parcel Number 0729201011), Siroos S. Shirazi (Parcel Number 0729201010), Brian D. Adams and Deborah J. Adams (Parcel Number 0729202005), Lee D. Staak and Robin von Maur Staak (Parcel Number 0729202004), Michael M. Durkee and Carla S. Durkee (Parcel Number 0729201002), Steven J. Burton and Serena D. Stier (Parcel Number 0729202002), Melanie Haupert (Parcel Number 0729201001), Forest Gate Homeowners Association, John A. Bertolatus and Dianne L. Atkins (Parcel Number 0729127005), Maureen Mondonaro (Parcel Number 0729202001), Roger J. Ludwig and Susan F. Ludwig (Parcel Number 0729127004), Timothy F. Terry (Parcel Numbers 0729202007, 0729128004), Thomas S. Gruca and Rhoda M. Cummings (Parcel Number 0729127003), Herbert A. Berger and Christine M. Berger (Parcel Number 0729127002), David Huston and Sheryl S. Morgan (Parcel Number 0729128003), James H. and Kathleen Eick (Parcel Number 0729127001), Dariush S. Shirazi and Barbara J. Shirazi (Parcel Number 0729126004), Daniel R. Rogers (Parcel Number 0729128001), Scott L. Hochstrasser and Julie B. Hochstrasser (Parcel Number 0729129003), Arden G. Miller and Patricia Dianne Miller (Parcel Number 0729129002), Gene S. Gessner and Mary L. Gessner (Parcel Number 0729129001), Neil Quellhorst and Nancy Quellhorst (Parcel Number 0729126003), Stephan C. Seemuth and Janene K. Seemuth (Parcel Number 0729126002), Asha Righsinghani and Sudershan Bhatia (Parcel Number 0729105002), Daniel R. Napierala and Rebecca J. Napierala (Parcel Number 0729126001), John M. Ceurvorst and Tamara Ceurvorst (Parcel Number 0729102001), Jerry E. Wear and Vicki D. Wear (Parcel Number 0729105001), Kurt D. Griebel and Sandra M. Griebel (Parcel Number 0720480002), Sergio A. Mendoza and Sandra E. Bruno (Parcel Number 0720480001), Benton Junior Everett and Linda Quinn Everett (Parcel Number 0729201015), Scott D. Cray and Julie C. Cray (Parcel Number 0729202006), Mary Evelyn Murphy (Parcel Numbers 0720202004, 0720202005, 0720226002), Carmen K. Davis and Todd A. Davis (Parcel Number 0720202003), Suzette E. Wheeler (Parcel Number 0720202006), Stephen K. Beaumont (Parcel Number 0719177001), Barbara G. Beaumont (Parcel Number 0719176002, 0719401001, 0719476001), Walter E. Jensen and Gayle A. Jensen (Parcel Number 0717376005), Herbert S. Loops and Mary C. Loops (Parcel Number 0720151002), David M. Tigges and Joanne Tigges (Parcel Numbers 0720326001, 0720351001, 0720302001), Cory J. Hodapp (Parcel Numbers 0721335002, 0721335001, 0721328007, 0721328008), Gerald A. Schaapveld and Helen T. Schaapveld (Parcel Number 0717376007), Paul R. Bonnett (Parcel Number 0717376008), Sunaura Homeowners Association, Josh E. Braverman and Sara H. Braverman (Parcel Number 0720376002), Jon Harding and Jamie Adair (Parcel Number 0717376010), Donald A. and Mary A. Thompson (Parcel Number 0721228007), Daryl K. and Nancy J. Granner (Parcel Numbers 0721228002, 0721228003), Satish and Sheila Rao (Parcel Number 0721229001), Michael J. and Virginia A. Hogan (Parcel Number 0721228005), Elliott L. and Mae E. Johnson (Parcel Number 0721254001), Paul W. and Rachel A. Hottell (Parcel Number 0721228006), Michael R. and Janet S. Cooper (Parcel Number 0721254002), Donald G. and Mary A. Thompson (Parcel Number 0721253001), W. Douglas and Monique A. Moore (Parcel Number 0720478001), Gary Weinman (Parcel Numbers 0719426001, 0719301009, 0719451005), Stoney Pointe Homeowners Association (Parcel Number 0721228001), Jean Robillard and Renee Robillard (Parcel Number 0720454001); Frank E. Colony and Margaret J. Colony (Parcel Numbers 0719126002, 0719201001, 0719176001, 0719101001, 0719151001, 0719176001); 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 Homeowners’ Association; Craig C. Porter and Patricia A Donohue (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 Numbers 0720481001, 0720481002), Jeffrey A. Whitehead and Stephanie A. Whitehead (Parcel Number 0729201017), Leon P. Burmeister and Pamela A. Burmeister (Parcel Number 0729201004), Joseph E. Lucas (Parcel Number 0729201012), Randy P. Ward (Parcel Number 0729202003), Samuel B. and Margaret M. Gurian (Parcel Number 0729128002), Craig S. Albrecht (Parcel Number 0720427001), Kenneth L. and Dorothy I. Albrecht (Parcel Number 0720427002), Robert A. Shelladay and Phillys A. Shellady (Parcel Numbers 0720476004, 0720476005), Walter Theodore Halm and Barbara Ann Halm (Parcel Number 0717376011), Cynthia G. Hames (Parcel Number 0721253002), Nicholas R. Kempf and Mary Susan Kempf (Parcel Number 0721254003), Saylor Construction, Inc. (Parcel Number 0721229002), Edward and Deborah Caldwell (Parcel Number 0721228004), Jay E. Siems and Sheryl A. Siems (Parcel Number 0721326003), Jeffrey L. Cretsinger and Jill A. Cretsinger (Parcel Number 0717376003) to Annex Tracts of Ground to the City of North Liberty, Iowa. City Attorney Peterson noted that the full text of the annexation applications and the resolution are available at City Hall and on the City’s website. After discussion, the vote was: ayes – Salm, Moody, Bahl, Wozniak, Kuhl; nays — none. Motion carried.

Wireless Internet Report. A presentation of the Telecommunications Commission’s Wireless Internet Survey was made by Chris Hoffman, Chair of the Telecommunications Commission. Hoffman requested that Council provide direction regarding wireless internet service. Three options exist for wireless internet service: completely public funded, completely privately funded, or a blend of both of those types of service. Hoffman encouraged the Council to utilize the Commission for the process. Council discussed the report and wireless internet service. Mayor Franker directed the Commission to draft three scenarios and costs: similar to what was previously proposed with a bit more expansion, even broader, and even broader still.

North Liberty 2007 Jordan Wells & Plant Improvements. A public hearing was held regarding the proposed plans, specifications, form of contract, and estimated cost of the North Liberty 2007 Jordan Wells and Plant Improvements. No oral or written comments were received. The public hearing was closed.

Bahl moved, Moody seconded to approve Resolution Number 07-26, A Resolution Approving Plans, Specifications, Form of Contract and Estimate of Cost for the 2007 Jordan Wells and Plant Improvements Project. Trom presented information regarding the project. After discussion, the vote was: ayes – Moody, Wozniak, Kuhl, Salm, Bahl; nays — none. Motion carried.

Bahl moved, Moody seconded to approve Resolution Number 07-27, A Resolution Approving Agreement between the City of North Liberty and Northway Well and Pump Company, Inc. for the 2007 Jordan Wells and Plant Improvements Project. The vote was: ayes – Salm, Moody, Bahl, Wozniak, Kuhl; nays — none. Motion carried.

Bahl moved, Kuhl seconded to approve Resolution Number 07-28, 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. The vote was: ayes – Kuhl, Salm, Moody, Bahl, Wozniak; nays — none. Motion carried.
Fiscal Year 2008 Budget. Mayor Franker opened the public hearing regarding the FY 08 Budget. Bill Pypes, 575 Juniper Street, spoke regarding the proposed budget. He is opposed to a tax increase. Clair Mekota, 2342 Scales Bend Road, spoke opposing the proposed tax increase. The public hearing was closed.

Wozniak moved, Kuhl seconded to approve Resolution Number 07-29, A Resolution Adopting the Annual Budget for the Period Ending June 30, 2008 for the City of North Liberty, Iowa. After discussion, the vote was: ayes – Wozniak, Kuhl, Salm; nays – Moody, Bahl. Motion carried.

Energy Mizer Systems Economic Development Incentive. Mayor Franker opened the Public Hearing Regarding proposed tax increment financing agreement with Energy Mizer Systems. No oral or written comments were received regarding the matter. The public hearing was closed.

Moody moved, Salm seconded to approve Resolution Number 07-30, A Resolution Approving the Agreement Between The City of North Liberty and Energy Mizer Systems, Inc. that sets forth the terms and conditions under which a Tax Increment Financing Rebate will be Granted. After discussion, the vote was: ayes – Bahl, Salm, Kuhl, Moody; nays — Wozniak. Motion carried.

240th Street Reimbursement Resolution. Moody moved, Kuhl seconded to approve Resolution Number 07-31, 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. The vote was: ayes – Kuhl, Wozniak, Salm, Moody, Bahl; nays — none. Motion carried.

Devmont Development Site Plan. Jason Dumont representing Devmont Development and Duane Musser, MMS Consultants, presented the proposed site plan for Devmont Development, Lot 8, Deerfield 9th Addition. They have addressed Planning and Zoning concerns except covenants requiring all open decks rather than enclosed. Dumont agrees to comply with the request. Kuhl asked about energy efficiency. Dumont reported he began building energy star homes last year. Currently they are building “green” with an outside contractor. Kuhl asked about unique housing versus cookie cutters. Dumont reported that he assesses his competition and tries to do something different than others in the price point.

The Planning and Zoning Commission recommended approval subject to another row of staggered evergreen trees in the buffer and labeling of the sidewalk. Staff Comments were the same. Trom confirmed that the developer has complied with the requests of Staff.

Moody moved, Salm seconded to approve Resolution Number 07-32, A Resolution Approving the Residential Development Site Plan for Lot 8, Deerfield 9th Addition, North Liberty, Iowa. After discussion, the vote was: ayes – Moody, Wozniak, Kuhl, Salm, Bahl; nays — none. Motion carried.

Grand North Plaza Final Plat Approval. The final plat for Grand North Plaza was presented by Duane Musser MMS Consultants, Kevin O’Brien, and Mike Evans. Attorney Mike Pugh was present as well. The final plat has been approved by Planning and Zoning.

The Planning and Zoning Commission recommended approval of the final plat subject to providing a bond or escrow for public improvements in November 2006. Staff reported that all the comments have been addressed. Three items still need to be completed: sidewalk on north side of Penn Street, pavement markings, and installation of stop light on Highway 965. Trom clarified that the request for approval was due to exceptional circumstances. Peterson reported that the Developer’s Attorney is willing to provide an agreement relating to the development. James stated that the plat is fine, and the agreement will be brought before Council at the next meeting.

Moody moved, Bahl seconded to approve Resolution Number 07-33, A Resolution Approving the Final Plat for Grand North Plaza Subdivision, North Liberty, Iowa. After discussion, the vote was: ayes – Salm, Moody, Bahl, Wozniak, Kuhl; nays — none. Motion carried.

Council Comments. Kuhl attended the Coles grand opening ribbon cutting. He also attended the Chamber luncheon. Kuhl reviewed tape of February city Council meeting last year at this time. It is time for staff reviews.

Salm expressed his thanks to City staff for their work during the ice storm. He went to Washington DC on the Chamber trip.

Moody reported on League of Cities trip to DC. After consultation with legislative staff, he does not feel it is appropriate to go to DC at the City’s expense. Moody was activated for emergency management on Saturday night.

Wozniak thanked staff and emergency services for their efforts during the storm. He also reported on the DC trip.

Mayor Comments. Mayor Franker reported regarding meeting with Mike Stoffregen regarding North Liberty committee of the Johnson County Foundation. He attended Johnson County meeting on Trails.

At 9:21 p.m., Moody moved, Kuhl seconded to adjourn. All ayes. Meeting adjourned.