City Council Minutes March 27, 2007

North Liberty City Council
March 27, 2007
Regular Session
Number 21

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

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

Others present: City Attorney Scott Peterson, City Engineer Kevin Trom, Assistant City Administrator/Clerk Tracey Mulcahey, Deputy City Clerk Mary Byers, Ethel Green, Mary K Mitchell, Dave Ramsey, JR Brumley, Shelly Simpson, Duane Musser, Lori Lindner, Rex Honey, Duane Olney, Harold Cameron, John Christianson, Peg Colony, and other interested citizens.

Consent Agenda. Moody moved, Kuhl seconded, to approve the Agenda subject to moving agenda items 9-B,E,G, to the City Attorney Report, the Mayor will report on 9-F, and delete Agenda items 9-10-23-24, and moving Agenda item 2-G to 6-G ,and approve the Librarian’s report, Matt Meseck Wedding — Class B Beer license — 4/24/07 at South Slope, Quail Creek Liquor License Renewal Class B with Sunday sales, City Council Minutes – March 13, 2007 Regular Meeting, February Revenues, the attached list of bills, and Resolution Number 07-64, A Resolution Authorizing the City to Accept Real Estate from Fox Run Development, Inc., Fox Run Part 8, Outlot A. After discussion, the vote was: ayes–Kuhl, Moody, Bahl, Salm, Wozniak; nays–none. Motion carried.

Public Comment.
Duane Olney, 1460 Doe Run Drive, would like the City Attorney to work on updating the Sex Offender Map. The City is currently working off of the 2002 map that does not include the most current growth in North Liberty.

Official Announcements – Mayor Franker.
Mayor Franker announced the Liberty Centre Celebration will be May 27, 2007 from 12:00 pm until 10:00 pm. Laura Bergus also joined in on the announcement stating more of the details of the event.

City Engineer Report.
Kevin Trom reported that the new water tower painting is going to start March 25th and 26th. The preconstruction meeting for the Jordon Wells has been held and their ready to get started. The 240th Street Project will be starting soon and will give the schedule as soon as possible.

City Attorney Report.
Scott Peterson wanted input from the Council on the submittal time frame from the Planning and Zoning Meeting to the City Council Meeting. After discussion with the Council the consensus was if the item is completed, with no changes from Planning and Zoning, then it can go on to City Council for the first meeting of the month. If any changes are recommended, then it goes to the second meeting of the month for City Council. It was also recommended that City Staff draft a memo on the status of the items to go on to City Council.

Mulcahey up-dated the Council on the Hotel/Motel Tax Vote. The vote will take place at the General Election but the process will start in August.

Scott Peterson wanted the Council to be aware of a land owner’s dispute with the Aspen Ridge Subdivision. The Amended Preliminary and Final Plats are on the Planning and Zoning Commission Meeting for April. There was discussion of not having Planning and Zoning review the plats until the dispute between the property owners is solved. City Engineer, Kevin Trom stated that the Developer would like to come and support their case for the Amended Plats.

Peterson also would like the Council to approve Resolution Number 07-64. This is for the City to own Outlot A, which should have been transferred at the time the Final Plat for Fox Run Part Eight was approved. The City thought they did own it and had been maintaining it for several years.

Moody moved, seconded by Bahl to accept Resolution Number 07-64, A Resolution Authorizing the City to Accept Real Estate from the Fox Run Development, Inc. After discussion, the vote was: ayes–Moody, Wozniak, Kuhl, Salm, Bahl; nays–none. Motion carried.

Facilities Planning Presentation. Rex Honey represented the Citizens Facilities Study Committee and Bill Dikis of RDG Planning and Design presented the final report regarding the Facilities Plan. The plans are on file at the City Administration Office.

Election Law Update. The public hearing was opened at 9:03 regarding the proposed update of election laws. No oral or written comments were received. The public hearing was closed.
Kuhl moved, Wozniak seconded, to approve the first consideration of Ordinance Number 07-13, An Ordinance Amending Chapter 2.28, Entitled “Elections,” and Chapter 1.08, Entitled “City Charter,” of the North Liberty Municipal Code by Amending Provisions Pertaining to City Elections and excepting Alternative A: 2.28.060 Persons Elected. The Candidates who receive the greatest number of votes for each office on the ballot are elected, to the extent necessary to fill the position open, in lieu of a runoff election, pursuant to Section 376.9, Code of Iowa (2005). After discussion, the vote was: ayes–Moody, Wozniak, Kuhl, Salm; nays–Bahl. Motion carried.

Audit RFP Award. Two proposals for Audit Services were received from Greenwood and Crim, P.C. and Hogan Hansen, P.C. Greenwood and Crim propose charges of $11,250 (FY 07), $13,750 (FY 08), and $15,000 (FY 09). Hogan Hansen proposed charges of $14,000 (FY 07), $15,000 (FY 08) and $16,000 (FY 09). Staff recommends awarding the contract to Greenwood and Crim, P.C.

Kuhl wanted it noted that General Expected Auditing Standards recommend a client change auditors at least once every five years to give a fresh look of accounting practices and to insure the auditor’s independence. Kuhl was involved with the current audit and felt the audit was done very well.

Kuhl moved, seconded Wozniak, to approve Resolution Number 07-52, A Resolution Accepting the Proposal from and Awarding the Audit Services Contract to Greenwood and Crim, P.C. for Fiscal Years 2007, 2008, and 2009. After discussion, the vote was: ayes–Salm, Moody, Bahl, Wozniak, Kuhl; nays–none. Motion carried.

FY 07 Audit Report. Staff presented information regarding the audit report. Kuhl moved, seconded by Wozniak, to approve Resolution Number 07-53, A Resolution Accepting the Audit Report for Fiscal Year 2006 as completed by Greenwood and Crim, P.C. After discussion, the vote was: ayes–Salm, Moody, Bahl, Wozniak, Kuhl; nays–none. Motion carried.

Insurance RFP Award. Staff presented information regarding the insurance proposals received. Proposals were received from AW Welt Ambrisco Insurance, Inc. (EMC) and Insurance Associates (ICAP). Staff recommends awarding the insurance services to AW Welt Ambrisco, Inc.

Moody moved, seconded by Kuhl, to approve Resolution Number 07-54, A Resolution Accepting the Proposal from and Awarding the Insurance Services Contract to AW Welt Ambrisco Insurance, Inc. After discussion, the vote was: ayes–Salm, Moody, Bahl, Wozniak, Kuhl; nays–none. Motion carried.

Wastewater Treatment Plant Project Phase I. Mayor Franker opened the public hearing 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. No oral or written comments were received. The public hearing was closed.

Moody moved, seconded by Wozniak, to approve Resolution Number 07-55, Resolution Approving 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. After discussion, the vote was: ayes–Salm, Moody, Bahl, Wozniak, Kuhl; nays–none. Motion carried.

Moody moved, seconded by Wozniak, to approve Resolution Number 07-56, A Resolution Approving an Agreement between the City of North Liberty and Staab Construction for the Phase I Wastewater Treatment Plant Improvements Project. After discussion, the vote was: ayes–Kuhl, Salm, Moody, Bahl, Wozniak; nays–none. Motion carried.

Subdivision Ordinance. The public hearing regarding amendment of Subdivision Ordinance was opened. No oral or written comments were received. The public hearing was closed.

Wozniak moved, seconded by Salm, to approve the first consideration of Ordinance number 07-01, An Ordinance Amending Title 16, Entitled “Subdivisions”, of the North Liberty Municipal Code by Adding Chapter 16.15 and Amending Chapters 16.16.020 and 16.20.030 Relating to Subdivision Requirements and Processes and, Further, Amending Chapter 1, Zoning Code, of the North Liberty Municipal Code by Adding Section 109 Related to Rezoning Requirements; subject to the City being required to hold Good Neighbor Meetings for zoning and subdivision plat requests. After discussion, the vote was: ayes–Salm, Moody, Bahl, Wozniak, Kuhl; nays–none. Motion carried.

North Liberty Community Fund as An Affiliate of the Community Foundation of Johnson County. Discussion was held regarding the creation of a North Liberty Community Fund as part of the Community Foundation of Johnson County.

Moody moved, seconded by Wozniak, to approve Resolution Number 07-58, A Resolution Approving an Agreement Between the City of North Liberty and the Community Foundation of Johnson County Establishing the North Liberty Community Fund as an Affiliate of the Community Foundation of Johnson County and Authorizing $2,500 Contribution from the City. After discussion, the vote was: ayes–Salm, Moody, Bahl, Wozniak, Kuhl; nays–none. Motion carried.

Zoning Map Update. Mayor Franker opened the public hearing regarding the update of the zoning map. No oral or written comments were received. The public hearing was closed.

Wozniak moved, seconded by Salm, to approve the first consideration of Ordinance Number 07-02, An Ordinance Adopting the Zoning Map Schedule Prepared by Shive-Hattery, Inc. dated January 2007 as the Official Zoning Map for the City of North Liberty. After discussion, the vote was: ayes–Salm, Moody, Bahl, Wozniak, Kuhl; nays –none. Motion carried.

South Slope Cooperative Planned Area Development. Moody moved, seconded by Salm, to approve the second Consideration of Ordinance Number 07-03, An Ordinance Approving the Variances to the North Liberty Zoning Code set forth in the Planned Area Development Plan for South Slope Cooperative located at West Cherry Street and West Main Street, North Liberty, Iowa. After discussion, the vote was: ayes–Salm, Moody, Bahl, Wozniak, Kuhl; nays–none. Motion carried.

Moody moved, seconded by Wozniak, to approve the request to waive the requirement of three readings on three separate dates. After discussion, the vote was: ayes–Salm, Moody, Bahl, Wozniak, Kuhl; nays–none. Motion carried.

Moody moved, seconded by Wozniak, to approve the third Consideration and adoption of Ordinance Number 07-03, An Ordinance Approving the Variances to the North Liberty Zoning Code set forth in the Planned Area Development Plan for South Slope Cooperative located at West Cherry Street and West Main Street, North Liberty, Iowa. After discussion, the vote was: ayes–Salm, Moody, Bahl, Wozniak, Kuhl; nays –none. Motion carried.

Alois Alberhasky Zoning Request. Moody moved, seconded by Wozniak, to approve the second consideration 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. After discussion, the vote was: ayes–Salm, Moody, Bahl, Wozniak, Kuhl; nays–none. Motion carried.

Salm moved, seconded by Wozniak, to approve the Second consideration 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 –Salm, Moody, Bahl, Wozniak, Kuhl; nays–none. Motion carried.

Moody moved, seconded by Salm, to approve the Second consideration of Ordinance Number 07-06, 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 RD-8 Residential District. After discussion, the vote was: ayes – Salm, Moody, Bahl, Wozniak, Kuhl; nays–none. Motion carried.

Moody moved, seconded by Wozniak, to approve the Second consideration of Ordinance Number 07-07, 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 RS-6 Residential District. After discussion, the vote was: ayes –Salm, Moody, Bahl, Wozniak, Kuhl; nays–none. Motion carried.

Salm moved, seconded by Wozniak, to approve the Second consideration 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. After discussion, the vote was: ayes –Salm, Moody, Bahl, Wozniak, Kuhl; nays–none. Motion carried.

Harold Cameron Rezoning Request. Adam Bohn presented the zoning request. They had two Good Neighbor Meeting and several Liberty’s Gate Residents were at the meeting. The concern of the neighbors was the RM-12 proposed zone. From the discussion at the meeting the developer would be willing to agree to submit a Planned Area Development instead of a Site Plan.

The Public Hearing was open at 9:03 p.m.

Keith Steurer, lives on Sicily Court in Liberty’s Gate and was grateful for the Good Neighbor Meetings. He has concerns of the neighboring properties around them not following the transition from commercial to less dense single-family. He is happy with the Planned Area Development for the RM-12 zone but is requesting a condition be placed at the Planned Area Development stages that the homes match the density of Liberty’s Gate.

The public hearing was closed.

The Planning and Zoning Commission recommends approval of the rezoning request of RM-12 and C-2-A and Lots 8, 9 and 14, zoned from C-2-A to C-1-B.

Salm moved, seconded by Moody to approve the first consideration of Ordinance 07-08, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property owned by Harold Cameron located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the C-2-A Highway Commercial District. After discussion, the vote was: ayes–Salm, Moody, Wozniak, Kuhl, Bahl; nays–none. Motion carried.

Moody moved, seconded by Salm to approve the first consideration of Ordinance 07-09, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property owned by Harold Cameron located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the RM-12 Multifamily Residential District subject to the Developer presenting a Planned Area Development for this area. After discussion, the vote was: ayes–Salm, Moody, Kuhl, Bahl; nays –Wozniak. Motion carried.

Wozniak moved, seconded by Salm, to approve the first consideration of Ordinance 07-12, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property owned by Harold Cameron located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the C-1-A Central Commercial District. After discussion, the vote was: ayes—Salm, Moody, Kuhl, Bahl, Wozniak; nays—none. Motion carried.

Alan Arzu Rezoning Request. Wozniak moved, seconded by Salm, to approve the second consideration of Ordinance 07-10, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property owned by Alan Arzu located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the C-1-A Central Commercial District. After discussion, the vote was: ayes–Salm, Kuhl, Moody, Wozniak, Bahl; nays–none. Motion carried.

West Lake Addition, Part Ten, Final Plat. Duane Musser, MMS Consultants, explained that the applicant is requesting to take an existing lot and subdivide it into two lots.

The Planning and Zoning Commission recommends approval subject to submitting a private easement agreement.

Moody moved, seconded by Salm to approve Resolution Number 07-42, A Resolution Approving the Final Plat for West Lake Addition, Part 10. After discussion, the vote was: ayes–Salm, Kuhl, Moody, Wozniak, Bahl; nays –none. Motion carried.

CAT/Vision Iowa Application. A presentation of the Community Attraction Tourism Grant application for the History/Visitor’s Center at 515 West Penn Street was made. The City is requesting $160,000 in funds.

John Christiansen the Co-Chair of the North Liberty History Committee told the background of the Committee and their interest in making the Ranshaw House the North Liberty History and Visitors Center.

Moody moved, seconded by Kuhl to approve Resolution Number 07-63 A Resolution Approving Public Improvements for Cedar Springs Part 6. After discussion, the vote was: ayes–Salm, Kuhl, Moody, Bahl, Wozniak; nays–none. Motion carried.

North Park Final Plat. Moody moved, seconded by Salm to approve Resolution Number 07-61, A Resolution Approving the Final Plat for Cedar Springs Part 6. After discussion, the vote was: ayes–Salm, Kuhl, Moody, Bahl, Wozniak; nays–none. Motion carried.

Council Comments. Wozniak wanted to let everyone know that the Johnson County Council of Government Transportation Plan is completed.

Mulcahey wanted to let the Council know that the North Liberty Volunteer Fire Department would like the Council participate in a training event.

April 11th is the Joint Meeting with Johnson County, Iowa City, and Coralville.

There will be an assessment of Muddy Creek done on April 14th and 15th. If anyone is interested let Mulcahey know.

Moody moved, seconded by Kuhl, to amend the Agenda to remove the closed session to review the City Attorney. After discussion, the vote was: ayes—Salm, Kuhl, Moody, Bahl, Wozniak; nays—none. Motion carried.

Adjourn. At 10:15 p.m., Moody moved, seconded by Kuhl to adjourn. All ayes. Motion carried.

Ace Electric Generator $3396.29
Advance Water Tech Polyquest $1000.50
Air Cooled Engines Blade Sharpening $ 44.17
Altorfer Inc Generator Rental $4750.00
American Bottling Co Vending Supplies $ 245.15
American Red Cross Lifeguard Supplies $ 475.00
Apache Hose Pump Supplies $1257.91
Auditor of State Filing Fee $ 625.00
Autoglass Solutions Truck Windshields $ 358.00
B. G. Brecke Inc Install Tekmar for Boiler $1612.54
Bill Ross Trucking Hauling Sand $ 180.00
Cargill Salt Softner Salt $ 218.78
City of Coralville Bus Service – Feb $7700.30
Clarey’s Safety Equipment Shock Absorber $ 837.18
Coles Quality Foods Forgiveable Loan $100000.00
Collection Service Center Garnishments $ 202.05
CSS Consulting Service $ 829.19
Dall Inc Inter Library Loan Conference $ 60.00
Delta Dental Dental Ins $ 620.52
Ed M. Feld Equipment Mounting Bra, Temple Str $ 256.00
EFTPS/Federal Withholding Federal $2119.71
EFTPS/FICA FICA $3347.96
EFTPS/Medicare Medicare $ 782.98
Egly, Jason Reimburse Prescription $ 72.00
Electrical Engineering Service Generator $ 524.95
Esco Automation Inc Service call on HSP $ 629.10
Fareway Stores Paper Towels $ 98.84
Feslers Inc Supplies $1683.90
Fiebelkorn, Lori CR Bal Refund $ 100.01
Fielder, Matt Prescription Reimburse $ 144.95
FireGuard Inc Core Pressure Relief Dev $ 114.16
Frohwein Office Supply Nameplates $ 94.20
Future Line Hydraulics Flood Lights $ 75.30
Gall’s Inc Jacket $ 331.28
Halstead, William Reimburse Medical Co-Pay $ 327.67
Hawkeye Fire and Safety Calibrate Gas Monitor $ 410.80
Hills Bank and Trust Sewer Revenue Bond $20445.00
Holiday Spirits Refund Liquor License $ 56.25
Hygienic Lab Swimming Pool Test $ 11.00
Ikon Office Solutions Rent $ 291.50
Iowa Assoc of Municipal Water Member dues $ 600.79
Iowa Book and Supply Supplies $ 428.70
Iowa Department of Agric Core & 30T Brian Hamer $ 15.00
Iowa Department of Natural Sanitary Sewer & Water Main $ 261.10
Iowa Department of Public Swimming Pool Registration $ 140.00
Iowa One Call Locate Service $ 30.60
Iowa Paper Duplex Repair $ 114.34
Iowa Small Library Assoc ISLA Spring Meeting $ 10.00
Iowa Water Pollution Con Spring Industrial Pretre $ 40.00
IPERS IPERS $ 2465.15
Johnson County Treasurer Police Contract $ 9000.00
Keating, Michael Mileage $ 32.01
Klag, John Cr Bal Refund#6063738211 $ 2.69
Kopecky, Shannon Reimbursement Med Co-pay $ 20.00
Linn County Anesthesiolo Medical Ded Kopecky $ 312.00
Linn County OB-Gyn PC Medical Ded Kopecky $ 463.00
Lowe’s Supplies $ 182.68
Mid Town Glass Windshield Repair $ 271.90
Miller, Nate and Stacey CR Bal Refund $ 45.78
Motley, Brian Medical Reimburse $ 96.40
Moyer & Bergman PLC Professional Service $ 3707.00
Nerad, Dave CR Bal Refund $ 21.89
Nextel Partners Cellular Phones $ 222.14
Nidey Peterson Erdahl Professional Services $ 3770.00
North Liberty Fire Depart IFA Dues, Fire School $ 436.14
O’Reilly Auto Temp Sensor, Anti-Freeze $ 21.66
Parkison, Theresa Parent Tot Swim Lessons $ 25.00
Pentecost, Michael Medical Reimbursement $ 362.60
Peterson, Jenilee Refund Early Bird Water $ 38.00
Pitney Bowes Rental $ 291.00
Pool Tech Midwest Inc Muriatic Acid, Chlorine $ 649.55
Principal Life Insurance Life/Dis $ 527.70
Progressive Rehab Medical Co-Pay Tygart $ 40.00
Pyramid Services Lawnboy Part $ 8.94
Raley, Jon CR Bal Refund $ 25.17
Ramsey, David Reimbursement Medical $ 2000.00
RDG Planning & Design Comprehensive Facility $ 6028.93
Roublev, Nikolai CR Bal Refund $ 42.89
Sandry Fire Equipment Supplies $ 1495.36
Sprint Cellular Phone Bill $ 106.07
Staples Supplies $ 157.94
Stoner, Michael Attorney Fee Reimbursement $ 750.00
Sysstemax MFG Repair $ 39.95
UPS Shipping Charges $ 23.11
Total Backflow Resource Backflow Certification $ 550.00
Tractor Supply Supplies $ 1131.69
Treasurer State of Iowa State $ 779.00
United Way of Johnson United Way $ 15.00
University of Iowa Health Medical Reimbursement $ 2581.15
US Bank Credit Card Charges $ 2526.47
Utility Equipment Supplies $ 1237.05
Van Meter Supplies $ 566.15
Visa Postage $ 329.87
VSP Vision Insurance $ 238.50
Wagner, Traci CR Bal Refund $ 75.00
Wellmark Health Ins $ 4164.06
Wingfoot Commercial Tires $ 1463.06