City Council Minutes February 8, 2007

North Liberty City Council
February 8, 2007
Regular Session
Number 18

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, Andy Kromphardt, Janet Grafft, Jeff Mekota, Terry Campie, Brian Motley, Janet Lubben, Laura Bergus, Adam Bohr, Jennifer Winter, Don Colony, George Farkas, Shelly Simpson, Lori Lindner, Steve Sovern, Shawn Krantz, Dean Spina, Guy Goldsmith, Denise Bradley, Jeff Werle, Anissa Williams and other interested citizens.

Consent Agenda. Moody moved, Kuhl seconded to approve the agenda, consent agenda including the Police Chief’s report, Building Official’s report, Street Superintendent’s report, Park Superintendent’s report, Recreation Director’s report, Telecommunications report, Water Superintendent’s report, Wastewater Superintendent’s report, Parks & Recreation Commission minutes, Telecommunications Commission minutes, Liberty Centre Project Acceptance, Fareway Liquor License Renewal – Class C License, City Council Minutes – January 23, 2007 Regular Meeting, City Council Minutes – February 1, 2007 Special Meeting, attached list of Bills, Set Public Hearing date on the proposed Bidding Requirements, Contract Documents (Plans, Specifications, and Form of Contract), and Opinion of Probable Cost for the Phase I Wastewater Treatment Plant Improvements project for March 27, 2007, Set date to receive bids on March 22, 2007 for Phase I Wastewater Treatment Plant Improvements, and Resolution Number 07-12, A Resolution Setting Terms and Conditions of a Voluntary Annexation Agreement with Certain Property Owners with moving Drinks Liquor License discussion to when a representative arrives. After discussion, the vote was: ayes — Kuhl, Bahl, Wozniak, Moody, Salm; nays — none. Motion carried.

Public Comment. No public comment was received.

Official Announcements – Mayor Franker. Mayor Franker announced Johnson County Community Foundation will match $2,500 to be the seed to start the North Liberty Committee of the Community Foundation dedicated by the City.

City Attorney Report. City Attorney Scott Peterson presented proposed election laws for Council discussion. Peterson reported that the instant runoff possibility does not exist according to State law. If State law were to change, the mechanics of that possibility would have to change as well. Basic two options are plurality versus majority. He recommended against having a split format for Mayor versus Council. Council expressed their opinions regarding plurality versus majority. The consensus of the council was the plurality system with some sentiment to hearing options regarding both systems.

Drinks Liquor License Renewal. City Administrator James presented a summary of the update regarding Drinks Committee recommended actions. Steve Sovern spoke regarding the process of the committee moving to an agreement. The group made a unanimous recommendation regarding the terms of the agreement.

Moody moved, Kuhl seconded to approve Resolution Number 07-14, A Resolution Approving a One-year Liquor License for Drinks Neighborhood Pub for a Class C Liquor License with Outdoor Sales and Sunday Service. After discussion, the vote was: ayes – Moody, Bahl, Wozniak, Kuhl, Salm; nays – none. Motion carried.

City Administrator Report. City Administrator James offered information regarding the list of items on his report. Regarding the Animal/Pet ordinance, City Administrator James is waiting on information from Misha Goodman regarding Iowa City’s ordinances. Their ordinances are not completed at this time. James asked for direction regarding waiting for Iowa City’s ordinances are drafted or move ahead with drafting our own ordinance on February 27. Council discussed the options regarding the ordinance.

James made a formal, public apology to Councilor Matt Bahl from City Administrator regarding not providing notice regarding the February 1 Council meeting.

Councilor Moody had requested Agenda Process Discussion. James opened the discussion with Council regarding agenda setting. All council members provided their opinion about the agenda setting process.

Policy and Procedures for Petitions. City Attorney Peterson presented information regarding proposed policy and procedures for the handling of petitions when received in City Hall. The protocol will be returned to Council on February 27 for consideration. Council discussed the proposed protocol.

Economic Development Incentive Proposal. City Administrator James provided an outline of the city’s procedure for offering incentive proposals for the City. James presented a summary of the economic development incentive proposal for Energy Mizer Systems, Inc. Council discussed the proposal.

Mayor Franker presented information regarding the SILO tax vote for school districts scheduled for next week.

James requested a consensus of Council regarding this item. Consensus was in support of the issue.

Telecommunications Commission Appointment. The applications for the Telecommunications Commission vacancy were reviewed. The applicants include Joseph Wagner and Denise Bradley. Denise Bradley was present. After discussion, Kuhl moved, Wozniak seconded to appoint Denise Badley to the vacancy on the Telecommunications Commission created through the resignation of Marvin Kerr. The vote was: ayes – Bahl, Wozniak, Kuhl; nays – Salm, Moody. Motion carried.

Approval of Funding for Joint Communications Facility Design and Engineering Services. Councilor Wozniak and City Administrator James presented information regarding the Joint Communications Facility Design and Engineering proposal. Discussion was held regarding the City’s contribution to the design and engineering services for the Joint Communications Facility.

Moody moved, Bahl seconded to approve Resolution Number 07-13, A Resolution Approving City Contribution to the Funding of Design and Engineering Services for the Joint Communications Facility not to exceed $45,000. After discussion, the vote was: ayes – Moody, Wozniak, Kuhl, Salm, Bahl; nays — none. Motion carried.

Restaurant New Liquor License Application. Jeff Werle was present to propose the construction of a new restaurant with a liquor license at 320 W. Cherry Street. Discussion was held regarding a potential application for new restaurant with liquor license at 320 W. Cherry Street. The restaurant will be 80% food and 20% alcohol. Council recommended submittal of the application to staff to begin the process.

Candy Bouquet Liquor License. The application for Class B Native Wine Permit for Candy Bouquet was presented. Janet Grafft from Candy Bouquet was present to discuss her application.

Moody moved, Bahl seconded to approve Resolution Number 07-15, A Resolution Approving a One-Year Liquor License for Candy Bouquet for a Class B, Native Wine Permit. After discussion, the vote was: ayes – Salm, Moody, Bahl, Wozniak, Kuhl ; nays — none. Motion carried.

Highway 965 Concept Plan. Discussion occurred regarding the contract for Highway 965 Concept Plan. Salm presented the proposed scope of services. Adam Bohr, McClure Engineering, and Jennifer Winter, Howard R. Green, were present to discuss. The firms are working with JCCOG to narrow the scope of the project to bring the funds back into the price range desired. Kuhl made a motion to table, Wozniak seconded. The vote was: ayes – Moody, Wozniak, Kuhl, Salm, Bahl; nays– none. Motion carried.

Johnson County Fringe Area Agreement. City Administrator James presented information regarding rescission of the previously adopted resolution approving the Fringe Area Agreement due to the annexation requests that have been made. City Attorney Peterson provided additional details regarding the rescission request.

Wozniak moved, Moody seconded to approve Resolution Number 07-17, A Resolution Rescinding Resolution Number 06-158, “RESOLUTION APPROVING THE FRINGE AREA POLICY AGREEMENT BETWEEN THE CITY OF NORTH LIBERTY AND JOHNSON COUNTY THAT ESTABLISHES THE EXTRATERRITORIAL AREA AND THE POLICIES FOR REVIEW OF DEVELOPMENT IN THAT AREA.” After discussion, the vote was: ayes – Kuhl, Salm, Moody, Bahl, Wozniak; nays — none. Motion carried.

West Trunk Sewer Main Easement Agreement. Moody moved, Salm seconded to approve Resolution Number 07-18, A Resolution Approving the West Trunk Sewer Main Easement Agreement Between Mike Stoner, Tenant Farmer, and the City of North Liberty, Johnson County, Iowa. After discussion, the vote was: ayes – Moody, Wozniak, Kuhl, Salm, Bahl; nays — none. Motion carried.

West Trunk Sewer Easement Payments. Moody moved, Bahl seconded to approve Resolution Number 07-19, 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 – Wozniak, Bahl, Salm, Kuhl, Moody; nays — none. Motion carried.

Police Car Replacement. Moody moved, Bahl seconded to approve Resolution Number 07-20, A Resolution Approving the Sale of a Vehicle, 2003 Dodge Intrepid, Owned by the City of North Liberty to a Salvage Yard in Cedar Falls, Iowa. After discussion, the vote was: ayes – Kuhl, Wozniak, Salm, Moody, Bahl; nays — none. Motion carried.

Moody moved, Bahl seconded to approve Resolution Number 07-21, A Resolution Authorizing and Approving the Purchase of a New Police Car, A 2007 Chevrolet Impala. After discussion, the vote was: ayes – Salm, Moody, Bahl, Kuhl, Wozniak; nays — none. Motion carried.

DevMont Development L.L.C. Easement. Bahl moved, Salm seconded to approve Resolution Number 07-22, A Resolution Approving the Utility Easement Agreement Between DevMont Development, L.L.C. and the City of North Liberty, Johnson County, Iowa. After discussion, the vote was: ayes – Moody, Wozniak, Kuhl, Salm, Bahl; nays — none. Motion carried.

Budget Work Session. Mayor Franker recognized city staff and department heads in the audience and for their work on the budget. Discussion was held regarding the proposed budget for Fiscal Year 2008.

Wozniak moved, Salm seconded to move ahead with the proposed budget including $2,500 for the funding of the Johnson County Community Foundation’s North Liberty fund. After discussion, the vote was: ayes – Wozniak, Kuhl, Salm; nays – Moody, Bahl. Motion carried.

Council Comments. Councilor Bahl reported on problems with rearrangement of meeting schedule. He requested that we go to our regular meeting schedule. Councilor Bahl offered information regarding sales taxes impact.

Councilor Salm reported the Chamber of Commerce group is going to Washington DC, Monday, Tuesday, and Wednesday He will be paricipating.

Councilor Kuhl commented regarding the cordiality of the meeting.

Councilor Wozniak will also be in Washington, DC on Monday, Tuesday, and Wednesday. He reported that the Parks Comprehensive Plan meeting will be on Tuesday, February 13. He requested that zoning regulations update be provided to Council in the next couple of meetings.

Councilor Moody echoed Bahl’s concerns regarding moving meeting dates. He requested who was being removed or replaced from the Chamber trip.

At 9:07 p.m., Kuhl moved, Moody seconded to adjourn. All ayes. Meeting adjourned.