City Council Minutes July 24, 2007

North liberty City Council
July 24, 2007
City Council Chambers
No. 35

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

Council Members Present. Kuhl, Moody, Wilkerson; absent: Bahl, Wozinak.

Also Present. Acting City Administrator Tracey Mulcahey, City Attorney Scott Peterson, City Planner Dean Wheatley, City Engineer Kevin Trom, Paul Osterholt, Jessie Burns, Doug Peters, Tionna Poler via phone, Adam Benz and other interested citizens.

Agenda. Moody moved, seconded by Wilkerson, to approve the agenda subject to
moving Item 7 (General Obligation Bond Sale) after the Consent Agenda; removing Items 13 (Irrigation Ordinance) and 19 (Strategic Plan) to the Council Meeting of August 14, 2007. After discussion, the vote was: ayes: Kuhl, Moody, Wilkerson; nays—none; absent—Bahl, Wozniak. Motion carried.

Consent Agenda. Moody moved, seconded by Wilkerson, to approve the Consent Agenda. After discussion, the vote was: ayes—Kuhl, Moody, Wilkerson; nays—none; absent—Bahl, Wozniak. Motion carried.

General Obligation Bond Sale. Tionna Poler jointed the Council Meeting via phone and explained the bond sale process and recommended to the Council to approve the bond rate from Piper Jeffery. Kuhl moved, seconded by Moody, to approve Resolution Number 07-130, A Resolution Authorizing the Sale and Issuance of General Obligation Urban Renewal Corporate Purpose Bonds, Series 2007, to Piper Jeffery. After discussion, the vote was: ayes—Kuhl, Moody, Wilkerson; nays—none; absent—Bahl, Wozniak. Motion carried.

Public Comment. None

Official Announcements. Wilkerson awarded the winning district for the North Liberty Community Food Pantry Food Drive to the north central district.

Salm reported that the Highway 965 Design Study Group will meet Tuesday, July 31st and the Traffic Study for JCCOG is almost complete.

Joint Meeting with The Planning Commission will be Saturday morning, August 18th.

There will be a special Council Meeting on Thursday, July 26th to review the Compensation Study.

City Attorney Report. Peterson will be out of the office the week of July 30th and Eric Sittig will be available if anything is needed.

Peterson and City Staff are continuing to work on Developer Agreements to make the language standard on all of them except one section that would pertain to each individual development. Peterson feels this will make the process easier and more understandable.

City Engineer Report. There was a progress meeting on 270th Street. The sanitary sewer is installed and they are finishing up on the storm sewer.

West Trunk Line Project: The first boring under Highway 965 failed due to the boring being off. The contractor has redone the boring and is now corrected.

Wastewater Sewer Project. This project is ahead of schedule and progressing well.

Water Tower: The project is completed.

Sand/Salt Bunker: Bids are due August 9, 2007 for the Council’s consideration at the Council Meeting of August 7, 2007.

Acting City Administrator Report.

The City received 12 candidates for the City Administrator report. They all were sent the questionnaire that is due back on August 1, 2007.

The City has not received a draft of the Parks Plan Update. Mulcahey will follow up.

The Compensation Study Update has been given to the Council for their review and there will be a special meeting on Thursday, July 26th with Austin Peters Group for their presentation.

The make up rain date for the Quail Ridge Picnic will be Wednesday, August 22nd.

Mulcahey meet with the Charette Committee and they would like the City to define a down town.

Planning and Zoning Commission Appointment. Moody moved, seconded by Wilkerson, to appoint Doug Peters to the Planning Commission. After discussion, the vote was: ayes—Wilkerson, Moody, nays—Kuhl; absent—Bahl, Wozniak. Motion failed.

Parks and Recreation Commission Appoint. Moody moved, seconded by Wilkerson, to appoint Adam Benz to the Park and Recreation Commission. After discussion, the vote was: ayes—Kuhl, Wilkerson, Moody; nays—none; absent—Bahl, Wozniak. Motion carried.

Block Party Request. Moody moved, seconded by Kuhl, to approve Resolution Number 07-131, A Resolution Approving the closure of Colton Drive between Cory Court and Zeller Street on August 18, 2007 from 3:00 p.m. to 12:00 a.m. for a Block Party. After discussion, the vote was: ayes—Wilkerson, Moody, Kuhl; nays—none; absent—Bahl, Wozniak. Motion carried.

Community Center Equipment Purchase. Moody moved, seconded by Wilkerson, to approve Resolution Number 07-132, A Resolution Approve the Purchase of Weight Equipment from Matrix. After discussion, the vote was: ayes—Wilkerson, Kuhl, Moody; nays—none; absent—Bahl, Wozniak. Motion carried.

Sewer Rate Change. Kuhl moved, seconded by Wilkerson, to approve the Third consideration and adoption of Ordinance Number 07-16, 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—Kuhl, Moody, Wilkerson; nays—none; absent—Bahl, Wozniak. Motion carried.

Liberty Centre, Part One, Lot 14 Final Plat. Moody moved to disapprove the Resolution. Motion died for lack of a second. Kuhl moved, seconded by Wilkerson, to approve Resolution Number 07-126, A Resolution Approving the Final Plat for Liberty Centre, Part 1A, A Subdivision of Lot 14, Liberty Centre, Part One. During discussion, Moody explained that he would be voting nay on this Resolution because he does not feel that splitting up lots in this area is right. Liberty Bank originally proposed a significantly larger building that was more consistent with city goals for development in this area, but has since scaled back its plans, and allowing the subdivision may be setting a precedent for the area. Kuhl thinks that this may be market driven and the Council will be able to view the site plan for what would be going on the other lot. Moody does not want this to become a trend with the lots on Highway 965. The City Planner, Dean Wheatley thinks that the parcel is large enough for a reasonable development to occur, but does feel that when the site plan comes in the city will want to make sure that compromises are not made based on inadequate lot size claims. After discussion, the vote was: ayes—Kuhl, Wilkerson; nays—Moody; absent—Bahl, Wozniak. Motion failed.

Jefferson Point II-Planned Area Development. Moody moved, seconded by Wilkerson, to approve the seconded consideration 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—Wilkerson, Moody, Kuhl; nays—none; Absent—Wozniak, Bahl. Motion carried.

USTEP Agreement. Wilkerson moved, seconded by Kuhl, to approve Resolution Number 07-133, A Resolution Approving Agreements Between the City of North Liberty and the Iowa Department of Transportation for USTEP Project UST-380-6(255)-4A-52 Agreement Number 06-07-USTEP-23 for the Penn Street and I-380 Interchange Improvements. During discussion, Kuhl wanted it noted for the recorded that he received a phone call this evening from a citizen at 6:15 pm who was the 31st car on the exist ramp, which leaves 4 to 5 more spaces before he would have been on the Interstate. Kuhl would like it on the list for priorities for the Washington DC Trip for 2008. After discussion, the vote was: ayes—Wilkerson, Moody, Kuhl; nays—none; absent—Wozniak, Bahl. Motion carried.

The Villas at Liberty Executive Park. Moody moved, seconded by Wilkerson, to approve Resolution Number 07-134, A Resolution Approving the Agreement Between the City of North Liberty and Cedar Holdings, LLC and A&G, FLP that sets forth the Terms and Conditions Under which The Villas at Liberty Executive Park, Part One will be developed in the City of North Liberty, Iowa. During discussion, Kuhl noted that Wilkerson and he would like to have a discussion on sound barriers. Wilkerson does not feel that barriers are effective and does not feel that the City should pay now or in the future for any kind of barriers. There was a discussion on how to effectively put this intent into writing so that future residents are aware that the City does not intend to install sound barriers in this area. Peterson would like to research other cities and what they have done. The Mayor noted that this is the first discussion on sound barriers and wanted to know of any reason not to go on with resolutions on the agenda tonight. Peterson would like to see what other cities have done and report back. Wheatly wanted clarification on this issue. It was the consensus that there be a discussion at the next City Council meeting on prohibiting sound barriers. After discussion, the vote was: ayes—Moody, Kuhl; nays—Wilkerson; absent—Bahl, Wozniak. Motion failed.

Moody moved, seconded by Wilkerson, to approve Resolution Number 07-135, A Resolution Approving the Agreement Between the City of North Liberty and Cedar Holdings, LLC and A&G, FLP that sets forth the Terms and Conditions Under which The Villas at Liberty Executive Park, Part Two will be developed in the City of North Liberty, Iowa. After discussion, the vote was: ayes—Moody, Kuhl; nays—Wilkerson; absent—Wozniak, Bahl. Motion failed.

Moody moved, seconded by Kuhl, to approve Resolution Number 07-136, A Resolution Approving the Agreement Between the City of North Liberty and Cedar Holdings, LLC and A&G, FLP that sets forth the Terms and Conditions Under which The Villas at Liberty Executive Park, Part Three will be developed in the City of North Liberty, Iowa. After discussion, the vote was: ayes—Kuhl, Moody; nays—Wilkerson; absent—Wozniak, Bahl. Motion failed.

Moody moved, seconded by Wilkerson, to approve Resolution Number 07-137, A Resolution Approving the Agreement Between the City of North Liberty and Cedar Holdings, LLC and A&G, FLP that sets forth the Terms and Conditions Under which The Villas at Liberty Executive Park, Part Four will be developed in the City of North Liberty, Iowa. After discussion, the vote was: ayes—Kuhl, Moody; nays—Wilkerson; absent—Wozniak, Bahl. Motion failed.

Disposal of City Property. Moody moved, seconded by Wilkerson, to approve Resolution Number 07-138, A Resolution Authorizing Disposal of City Property. Specifically a Rotary 1600 pound Four Post Hoist. After discussion, the vote was: ayes—Kuhl, Moody, Wilkerson; nays—none; absent—Bahl, Wozniak. Motion carried.

Progress Park Subdivision. Kuhl moved, seconded by Wilkerson, to approve Resolution Number 07-140, A Resolution Accepting Property Improvements in Progress Park Subdivision, Part 7. After discussion, the vote was: ayes—Kuhl, Moody, Wilkerson; nays—none; absent—Bahl, Wozniak. Motion carried.

Moody moved, seconded by Wilkerson, to approve Resolution Number 07-141, A Resolution Accepting Property Improvements in Progress Park Subdivision, Part 8. After discussion, the vote was: ayes—Wilkerson, Kuhl, Moody; nays—none; absent—Bahl, Wozniak. Motion carried.

Moody moved, seconded by Wilkerson, to approve Resolution Number 07-142, A Resolution Accepting Property Improvements in Progress Park Subdivision, Part 9. After discussion, the vote was: ayes—Kuhl, Moody, Wilkerson; nays—none; absent—Bahl, Wozniak. Motion carried.

Special Controlled Burn Permit Application. Kuhl moved, seconded by Wilkerson, to deny the request. After discussion, the vote was: ayes—Kuhl, Moody, Wilkerson; nays—none; absent—Bahl, Wozniak. Motion carried.

Sidewalk Shut Offs. This item was table until there was a full Council and the City Attorney to do some research.

Old Business. None.

New Business. Moody suggested a temporary light at the Penn Street and the exist ramp off of Interstate 380. Staff feels that it would be in the best interest of the City to wait for the permanent lights. In the mean time it was discussed to possibility have Police Officers at the ramp to help with the stacking of cars on the ramp.

Kuhl attended the City Finance Committee Meeting in Des Moines and they are considering revising the budget sheets to segregate the TIF money to its own line item.
Also a possibility of changing the budget filing date to April 15th.

Vision Iowa meeting will be August 8th in Des Moines.

Moody moved, seconded by Wilkerson, to adjourn the meeting at 8:10 pm. After discussion, the vote was: ayes—Wilkerson, Moody, Kuhl; nays—none. Motion carried.