City Council Minutes October 23, 2007

North Liberty City Council
October 23, 2007
City Council Chambers
No. 45

Mayor Salm called the meeting to order at 7:00 p.m.
Council Members Present: Kuhl, Moody, Wilkerson, Bahl, Wozniak.
Also Present: City Engineer Kevin Trom, Acting City Administrator Tracey Mulcahey, Asst. City Attorney Eric Sittig, Matt Walker, Duane Musser, Eric Forsman and other interested citizens.

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

2. Consent Agenda: Moody moved, seconded by Kuhl, to approve the Consent Agenda. During
discussion, it was the consensus of the Council to discuss the new financial reports at a
Work Session. After discussion, the vote was: ayes—Kuhl, Moody, Wilkerson, Bahl, Wozniak; nays—
None. Motion carried.

3. Public Comment: Several residents that use the bus service wanted reassurance that the city was
not going to cancel the service. There have been rumors that the bus service was going to be
discontinued, and the residents wanted to show their support for the service.

The Mayor and Council explained that the city has an agreement with the City of Coralville to
continue the service and that they are looking at the possibility of expanding the routes.

4. City Attorney Report: There was no report.
5. City Engineer Report: Salt/Sand Bunker: Will be completed tomorrow. City Staff, with the help of
Shive-Hattery will be working on a grant for trees to surround the fencing of the facility.

270th Street: Should be completed by this Friday.

I-380/Penn Street Interim Signal Improvements: This project is about 85% complete with staff
planning for a bid letting for late winter, with construction starting in early spring.

Waterwater Treatment Plant: Remains ahead of schedule.

Capital Improvements: Trom met with city staff to review a number of street projects that need to
be prioritize for Council’s consideration.
6. Acting City Administrator Report: Animal Control Ordinance: The City Attorney has completed his
assessment of the Animal Control Ordinance. The first consideration and public hearing relating to
this document will be held November 13th.

The city has received two requests to plant street trees closer to their driveways than the North
Liberty Code requires. Staff has reviewed the request and is concerned with visibility for cars
backing out of the driveways.

Wheatly explained a proposed 80/20 voluntary annexation for an area north of North Liberty.
Property owners involved with this annexation would be MidAmerican Energy, Ronald Nelson Estates,
Scales Bend Street ROW, Raim Property, Pleasant Valley LP, CRANDIC Railroad, Highway 965 ROW,
and Paul Anderson. There are two property owners that are not willing to annex into the City
voluntarily. The State Code does allow for situations like this with, what they refer to as, a 80/20
Annexations. This will be before Council in the future.

7. West Trunk Sewer Connection Fees: Several property owners were in attendance that need
to connect to the City’s sewer line because the line is now within 100 feet of their property. These
property owners were told by the city, that if they connected by the end of 2007, that the city would
waive the $3500.00 construction charge to bore the sewer line from the main to the property line.
The property owners would be responsible for extending the service from the property line to the
house. These property owners are asking for an extension to the date for the connection, due
to some miscommunication between the City and the property owners.

Moody moved, seconded by Kuhl, to approve Resolution Number 07-201, A Resolution waiving the
$3500.00 charge for the West Trunk Sewer Connection if Connection has occurred by June 30, 2009.
During discussion, Mulcahey wanted clarification that this motion is for North Liberty residents
only, and not County residents that are adjacent to the project. These should be addressed on an
individual basis. Moody suggested that if the County residents annex into the city, the city should
waive their hook ups also. It was the consensus of the Council that County residences are a
separate issue. Council should address only the residents on South Jones Blvd only at this time.
Bahl and Wozniak encouraged the property owners present at the meeting to hook up voluntarily
and get rid of septic tanks within the city. After discussion, the vote was: ayes—Kuhl, Moody,
Bahl, Wozniak, Wilkerson; nays—none. Motion carried.

8. Library Expansion Committee: Wilkerson would like to table this item since this is her last meeting
and there will be an elected Council Member in her seat at the next meeting. She feels more
information is needed, and all City needs should be prioritized.

Wozniak agrees on tabling this item indefinitely. He feels that more information is needed before
this discussion can be held. The Council needs to determine the scope of this project and determine
the money needed.

Bahl would like to move forward on this item. This process has proven to work on two other Fund
Raisers for the Library and Community Center.

Moody feels that the Council should move forward on the Library Expansion because putting it off
will only hurt the people that use it.

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

9. Water Tower Lease Agreement—Dynamic Broadband: Moody moved, seconded by Bahl, to
Approve Resolution Number 07-202, A Resolution Approving the Lease Agreement between the
City of North Liberty and Dynamic Broadband Corporation for an Electronics Equipment Site Lease.
After discussion, the vote was: ayes—Moody, Kuhl, Wozniak, Wilkerson, Bahl; nays—none. Motion
Carried.

10. Water Tower Lease Agreement-CommSpeed: Moody moved, seconded by Wilkerson, to approve
Resolution Number 07-203, A Resolution Approving a Lease Agreement between the City of North
Liberty and CommSpeed Iowa LLC for an Electronics Equipment Site Lease. After discussion, the
Vote was: ayes—Moody, Kuhl, Wozniak, Bahl, Wilkerson; nays—none. Motion carried.

11. Forevergreen Road Improvement Project: Bahl moved, seconded by Moody, to approve Resolution
Number 07-204, A Resolution Approving the Forevergreen Road Project Warranty Deed between
TL&L and the City of North Liberty, Johnson County, Iowa. After discussion, the vote was: ayes–
Moody, Kuhl, Wozniak, Bahl, Wilkerson; nays—none. Motion carried.

12. Paul Anderson Rezoning: Bahl moved, seconded by Moody, to approve the second consideration
Of Ordinance Number 07-24, An Ordinance Amending the Zoning Ordinance to change the Zoning
Ordinance to change the Zoning on Property Owned by Paul Anderson. After discussion, the vote
was: ayes—Moody, Kuhl, Wozniak, Bahl, Wilkerson; nays—none. Motion carried.

13. Annexation of City Shop Property: Public Hearing was opened at 8:19 p. and there were no
Comments. Public Hearing was closed.

14. Water Rates and Deposit: Public Hearing was opened at 8:21 pm and there were no comments.
Public Hearing was closed.

Bahl moved, seconded by Kuhl, to approve the seconded consideration of Ordinance Number 07-25,
An Ordinance Amending Chapter 13.08, Entitled “Water Rates and Charges, “ of the Municipal Code
of North Liberty by repealing Section 13.08.030, “Rates and Charges Established,” By Adopting in
lieu thereof New Section 13.08.030 to Increase the Charges for Water Used and Amending Chapter
13.08 Entitled “Water Rates and Charges,” of the Municipal Code of North Liberty by Repealing
Section 13.08.050, “Liability for Service—Deposit.” By Adopting in lieu thereof a New Section
13.08.050 to Establish the Amount of the Utility Bill Deposit for New Customers in the City of North
Liberty, Iowa. After discussion, the vote was: ayes—Moody, Kuhl, Wozniak, Bahl, Wilkerson; nays—
none. Motion carried.

15. Annual Appropriation for Tax Increment Financing: Moody moved, seconded by Wilkerson, to
Approve Resolution Number 07-205, A Resolution Obligating funds from the Urban Renewal Tax
Revenue Fund for appropriation to the payment of annual appropriation tax increment financed
obligations which shall come due in the next succeeding fiscal year. After discussion, the vote was:
ayes—Bahl, Moody, Wozniak, Wilkerson,Kuhl; nays—none. Motion carried.

16. Water Bond: Bahl moved, seconded by Wilkerson, to approve Resolution Number 07-206, A
Resolution to fix a date for a public hearing on November 27, 2007 for a loan agreement and the
date for the sale for General Obligation Water Improvement Bonds to be issued in evidence of the
City’s obligation thereunder. After discussion, the vote was: ayes—Bahl, Moody, Kuhl,
Wilkerson, Wozniak; nays—none. Motion carried.

17. Old Business: None
18. New Business: Moody reminded the public of Election Day, November 6th and encouraged
everyone to vote.

This is the last meeting for Council member Wilkerson and the Mayor thanked her for her for her
service.

19. Adjournment: Wilkerson moved, seconded by Moody, to adjourn the meeting at 8:30 pm. After
discussion, the vote was: ayes—Bahl, Moody, Kuhl, Wilkerson, Wozniak; nays—none. Motion
carried.