City Council Minutes June 26, 2007

North Liberty City Council
June 26, 2007
Regular Session
Number 32

Mayor Salm called to order the regular session of the North Liberty City Council at 7:00 p.m.

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

Others present: City Engineer Kevin Trom, Acting City Administrator Tracey Mulcahey, City Planner Dean Wheatley, Lori Linder, William Mausser, Street Superintendent Don Colony, City Attorney Scott Peterson, and other interested Citizens.

Approval of the Agenda and the Consent Agenda. Bahl moved, seconded by Wilkerson, to approve the Agenda and Consent Agenda with the amendment of adding the City Attorney Invoice to the bills for $6958.00. During discussion, Moody brought up for discussion item number 18 on the agenda. Item #18 is Resolution Number 07-120, providing for the issuance of a $1,640,000 General Obligation Urban Renewal Corporate Purpose Bond Anticipation Note. This item was added after the official posting of the Agenda and Moody wanted clarification from weather Council could act on this item. Peterson explained that the Resolution and accompanying documents were not received until the day before the meeting and the Acting City Administrator was unavailable that day. The Attorney explained that a Special Meeting could be held, but he felt acting on this item would be fine. After discussion, the vote was: ayes—Bahl, Wilkerson, Kuhl, Wozniak; nays—Moody. Motion carried.

Public Comment. None

Official Announcements. Salm reported that the Strategic Planning Session with the Council on June 14th was a very good session.

City Attorney Report. Peterson had nothing to report.

City Engineer Report. The contractor has started on 270th Street and has encountered some problems. They started laying the pipe for the Sanitary Sewer and one of the nights the city received a heavy rain fall. The plug on the end of the pipe which is to protect the city’s sanitary system did not hold, which caused heavy amounts of water to infiltrate the City’s sanitary sewer, causing back-up into residential basements. The contractor has accepted responsibility and will pay the cost of all damages.

270th Street has been paved; they need to backfill and sweep the street.

A progress meeting was held on the Water Plant Improvements. Well #6 has been completed and the improvements at the plant are almost completed.

The West Trunk Line Project has started but as been slowed due to the rain.

Penn Street / I-380 Project has received $400,000 from New Step funds from the Iowa Department of Transportation. The Preliminary Plan submittal has been at the IDOT since April of 2007 but they have been holding on reviewing the plans until funding was determined. The City should be receiving comments from the IDOT on those plans.

Acting City Administrator Report. The City has been approached by the Thomas Group to participate in a study to assess our current businesses and identify the types of services and businesses that we are lacking. This study will be completed at no cost to the City. The Council would like the City to participate.

515 West Penn Street CAT Application. A group of representatives traveled to Ottumwa to present our CAT application to the Vision Iowa Board. The Board had very few preliminary questions. The next meeting is scheduled for July 11 in Muscatine.

Official Statement Review. The draft of the Official Statement for the City’s bond rating presentation and bond sale was in the Council Packet for review. Any changes are to be given to Mulcahey by Wednesday, June 27, 2007.

Skills Advantage Testing Program. The City has been asked to participate in this program. A couple of city employees would be tested and the results would go into a collective skills assessment for the region. This information is used as a tool for our Economic Development Groups to be able to market this region’s work force.

The Strategic Plan will be on the July 10th City Council Meeting for adoption.

Adam Beecher was introduced as the new Telecommunication Employee.

Trails Consultation. Terrance Neuzil, of the Johnson County Board of Supervisors, addressed the Council on the trails and trails planning in Johnson County. The Board of Supervisors from both Linn and Johnson County have been working on a plan to connect the two county’s trails which include North Liberty. The Supervisors would like North Liberty to plan for funding of the trail for any land that would be annexed into the City of North Liberty.

Board of Adjustment Appointment. Council would like the applicant to be invited to the next meeting.

Moody moved, seconded by Wilkerson, to table this item until the next meeting. After discussion, the vote was: ayes—Wilkerson, Wozniak, Bahl, Moody, Kuhl; nays—none. Motion carried.

Proposed Name Change – 270th Street. There were no objections by the Council to remove this item from Agenda. This Street is in Johnson County and would need their approval before the name change.

Street Department Equipment Purchases. Kuhl moved, seconded by Moody, to approve Resolution Number 07-118, A Resolution approving the dump truck bid from Truck Country for $98,231.00. After discussion, the vote was: ayes—Moody, Kuhl, Wilkerson, Bahl, Wozniak; nays—none. Motion carried.

Cigarette Permits. Quail Creek Golf Course and Cigarette Outlet did not get their applications in by the deadline. Council agreed not to approve these two licensees until the applications are received.

Moody moved, seconded by Bahl, to approve the Cigarette Permit Renewals for Gasby’s, Fareway Store, Corridor Convenience, Casey’s, LD Express, Third Base;excluding Quail Creek Golf Course and Cigarette Outlet. After discussion, the vote was: ayes—Bahl, Kuhl, Moody; nays—Wilkerson, Wozniak. Motion carried.

Salary Resolution. Moody moved, seconded by Kuhl, to approve Resolution Number 07-119, A Resolution Approving Salaries for the City Staff for Fiscal Year 2008 Effective July 1, 2007. After discussion, the vote was: ayes—Wozniak, Wilkerson, Kuhl, Moody, Bahl; nays—none. Motion carried.

Sewer Rate Change. Bahl moved, seconded by Wozniak, to approve the First Consideration 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—Wozniak, Wilkerson, Kuhl, Moody, Bahl; nays—none. Motion carried.

Alois Alberhasky Zoning Request. Moody moved, seconded by Bahl, to approve the Third consideration and adoption of Ordinance Number 07-04, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property Owned by Alois Alberhasky, located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the RM-12 Residential District. During discussion, Wilkerson had issues on the density of the property. She had served previously on the Planning and Zoning Commission and also lives in this area of the zoning request, and she does not recall there being a discussion on the density requested.

Wilkerson was appointed to the City Council recently and was not included in the first two considerations of the request.

Wozniak agrees with Wilkerson, and does not support the zoning. He voted twice in favor of the zoning because of the property purchase for the City Street Facility being tied to the zoning request. He would be in favor of finding another location for the city facility and not tying it to an agreement, but has concerns on the money the City has paid out on this property already and the time it would take to do this.

Moody does not support the zoning. He feels there have been concerns on the zoning before and suggested that if a council member has a problem with the zoning, they should vote against the request. He also has concerns that the property is inadequate for what the City wants to put there.

Salm disagreed with Moody on the property being inadequate for what the City is planning to do with it.

The City Attorney explained that the City has an option to purchase a portion of this property, but it’s contingent upon the zoning requests. The City has over $20,000.00 invested in escrow money, design standards for the sand/bunker, engineering and attorney fees and platting cost for the purchase of land to house the City Street Facility.

After discussion, the vote was: ayes—Bahl, Wozniak; nays—Wilkerson, Moody, Kuhl. Motion failed.

Moody moved, seconded by Wilkerson, to table reconsideration of Ordinance Number 07-04. The consideration already failed, so the motion to table dies.

Kuhl moved, seconded by Moody, to reconsideration the motion. After discussion, the vote was: ayes—Bahl, Wozniak, Moody, Kuhl; nays—Wilkerson. Motion carried.

Moody moved, seconded by Kuhl, to table Ordinance Number 07-04, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property Owned by Alois Alberhasky, located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the RM-12 Residential District. After discussion, the vote was: ayes-Bahl, Wozniak, Moody, Kuhl; nays—Wilkerson. Motion carried.

Kuhl moved, seconded by Moody, to table the Third consideration and adoption of Ordinance Number 07-05, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property Owned by Alois Alberhasky, located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the RM-8 Residential District. After discussion, the vote was: ayes—Bahl, Wozniak, Moody, Kuhl, Wilkerson; nays—none. Motion carried.

Moody moved, seconded by Kuhl, to table Third consideration and adoption of Ordinance Number 07-06, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations of Property Owned by Alois Alberhasky, located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the RD-8 Residential District. After discussion, the vote was: ayes—Bahl, Wozniak, Moody, Kuhl, Wilkerson; nays—none. Motion carried.

Moody moved, seconded by Kuhl, to table Third consideration and adoption of Ordinance Number 07-07, An Ordinance Amending the Zoning Ordinance to Change the se Regulations on Property Owned by Alois Alberhasky, located in North Liberty, Iowa to those set forth in the North Liberty Municipal code for the RS-6 Residential District. After discussion, the vote was: ayes—Bahl, Wozniak, Moody, Kuhl, Wilkerson; nays—none. Motion carried.

Moody moved, seconded by Kuhl, to table the Third consideration and adoption of Ordinance Number 07-11, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property Owned by Alois Alberhasky, located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the P Public Use District. During discussion, Moody suggested that a concept plan be submitted for the RM-12 to alleviate any fears from the neighbors. After discussion, the vote was: ayes—Bahl, Wozniak, Moody, Kuhl, Wilkerson; nays—none. Motion carried.

Flotation Device Ordinance. Moody moved, seconded by Wilkerson, to approve the First consideration of Ordinance Number 07-14, An Ordinance Amending Chapter 9 “Public Peace, Morals and Welfare” of the North Liberty Municipal Code Adding Section 9.10.035 Ponds, Detention Basins and other City-owned Water Bodies. During discussion, Kuhl stated that he would like to condense the seconded and third consideration of this Ordinance on July 10, 2007. After discussion, the vote was: ayes—Bahl, Wozniak, Moody, Kuhl, Wilkerson; nays—none. Motion carried.

Pet Daycare Ordinance. Moody moved, seconded by Bahl, to approve the first consideration 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 the I-1 and I-2 Zoning Districts. After discussion, the vote was: ayes—Kuhl, Bahl, Moody, Wilkerson, Wozniak; nays—none. Motion carried.

Bond Anticipation Note. Kuhl moved, seconded by Bahl, to approve Resolution Number 07-120, A Resolution providing for the issuance of a $1,640,000 General Obligation Urban Renewal Corporate Purpose Bond Anticipation Note. After discussion, the vote was: ayes—Kuhl, Bahl, Wilkerson, Wozniak; nays—Moody. Motion carried.

City Administrator Position. The Council reviewed the response questionnaire for the applicants for the City Administrator position.

Bahl moved, seconded by Wozniak, to appoint the following to the people to the hiring committee for the City Administrator search: Mary K Mitchell, representing North Liberty Development, Larry Pacha, representing the business community, Lori Meyer as a citizen, Rob Hajek as a citizen and business owner, Tracey Mulcahey and Don Colony as staff, James Moody and Gerry Kuhl as City Council Members, and Tom Salm Mayor.
After discussion, the vote was: ayes—Kuhl, Bahl, Wilkerson, Wozniak, Moody; nays—none. Motion carried.

Old Business. Salm would like the Council to consider a Special Meeting to approve the Cigarette Permits for Cigarette Outlet and Quail Creek Golf Course. It was the consensus for a Thursday night meeting.

Staff is to start advertising for the Planning and Zoning Commission vacancy.

New Business. None.

Adjournment. Moody moved, seconded by Bahl, to adjourn the meeting at 8:18 pm. After discussion, the vote was: ayes—Kuhl, Moody, Wozniak, Bahl, Wilkerson; nays—none. Motion carried.