City Council Minutes October 9, 2007

North Liberty City Council
October 9, 2007
City Council Chambers
No. 43

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, City Attorney Scott Peterson, Bill Mausser, Adam Bohr, Glenn Siders, Police Chief Warkentin, Duane Musser, Ann Bogs, Jeff Potter, Matt Walker, Lisa Marie Garlich, and other interested Citizens.
1. Approval of Agenda: Kuhl moved, seconded by Bahl, to approve the agenda with addition of the Liquor License for the Jaycees for the Fire Department Dance; and removing item number 11 Library Expansion Committee. After discussion, the vote was: ayes—Kuhl, Moody, Wilkerson, Bahl, Wozniak; nays—none. Motion carried.
2. Consent Agenda: Wilkerson moved, seconded by Moody, to approve the reports from the Police Chief, Building Official, Street Superintendent, Park Superintendent, Recreation Director, Telecommunications, Water Superintendent, Wastewater Superintendent; Park and Recreation Commission Minutes, Planning Commission Minutes, Tree and Stormwater Board Minutes, City Council Minutes of September 25, 2007, Resolution Number 07-187, A Resolution Accepting Outlot A-Fox Run Subdivision, Part 8, CRANDIC Grade Crossing Agreement, Wastewater Treatment Plant Payment, Bills, and Liquor License for the North Liberty Fire Department/NL Jaycees. During discussion, Kuhl questioned item #M, Resolution Number 07-187. Peterson explained that this is a cleanup item for accepting the Outlot in Fox Run, Part Eight. The Mayor also noted that Item Q was added for the North Liberty Fire Department Dance. After discussion, the vote was: ayes—Kuhl, Moody, Wilkerson, Bahl, Wozniak; nays—none. Motion carried.
3. Public Comment: Matt Walker, 1345 South Jones Blvd: He currently is on his own private septic system. He has a concern with the West Trunk Line Project established time line, the cost of the hook-up and the way the project has progressed without adequate information given to the affected property owners. Several property owners attended an informational meeting last February on the project, where property owners had an opportunity to express their concerns regarding the project. At that point they were lead to believe that they would have ample time to get contractors lined up and arrange funding for their portion of the project because the deadline for the project was indefinite.
A letter was received by property owners in August, from the city, stating that the project was underway and that property owners had until December 31, 2007 to connect to the system. If property owners chose not to abide by the timeline they would be charged a highly unreasonable amount of money to tie in. Property owners would also have to make modifications to their own sewer systems that would be financially beneficial to the City, but not to the homeowners.
Walker was speaking on behalf of the affected property owners and requested further discussion on this issue.
Jeff Potter, 1365 South Jones Blvd: He agrees with Matt Walker and has a concern with the December 31, 2007 timeline.
The Mayor requested this item be placed on the next City Council Agenda to allow the Council time to get additional information to decide correctly.
The Mayor spoke on the Candidates Form and encouraged the public to watch this on NLTV.
4. City Attorney Report:
Peterson is expecting to have two Water Tower Leases at the next City Council meeting along with the Animal Ordinance.
Peterson will have a Temporary Construction Easement before the Council within the next several weeks.
Peterson will not be in attendance at the next Council Meeting.
5. City Engineer Report:
Sand/Salt Bunker: The only items left to be completed by the contractor are sealing the walls and floor. The Public Works Department will finish up the project.
270th Street: The asphalt has been completed, along with the testing of the sewers, which have passed. They have completed all of the storm intakes, backfilling and grading and have opened Kansas Intersection. The last major item to complete is the 8’ sidewalk on the north side of the road. It is anticipated that the road will be open by the end of the week.
West Truck Sewer Project: Finish up work is being completed. The contractor will be meeting with the farm owner and the land owner to have their approval of the completion of the project.
Wastewater Treatment Project: A progress meeting was held on October 9, 2007 and it is estimated that the building should be enclosed by early November. They are a month ahead of schedule.
Bahl asked Trom about the screening of the Public Works Facility. Trom reported that there will be a double row of trees along South Front Street and along the old access road to the south to screen the fence.
6. Acting City Administrator Report:
Update on Capital Improvements Planning and Budget Process: Mulcahey has a list of Capital Improvements for the next five years. She plans to meet with department heads next week to discuss request. Council will get started on the budget process at the work session in November.
West Trunk Sewer Connection Charges: Staff is working on getting additional information for the next council meeting.
City Hall Software: Payroll and Financial have been installed.
Work Session: There will be a tour of the Public Works Facility at 6:00 pm at the next work session. After the tour the Council will return to the chambers at 7:00 pm. to meet with the Library Expansion Committee and also discuss priorities for the Washington DC trip.
The Police Chief, Lieutenant, and Mulcahey have been at NIMS Training this week in Iowa City.
7. Police Chief Presentation: Chief Warkentin was at the meeting to address crime statistics within the City of North Liberty.
8. Owner-Occupied Housing Rehab Grant Application: Public Hearing was opened at 7:31 p.m. The East Central Council of Governments will be writing the grant for the City of North Liberty. Lisa Marie from ECCOG went over the nine points that are needed to determine if the City of North Liberty qualifies for the grant.
Moody moved, seconded Bahl, to approve Resolution Number 07-188, A Resolution Authoring the City’s Application to the Iowa Department of Economic Development for Owner-Occupied Housing Rehabilitation. During Discussion, Bahl encouraged the public to apply if they have a need to renovate their homes. This is the city’s second opportunity for this grant. The first one was a great success. Wilkerson confirmed. After discussion, the vote was: ayes—Kuhl, Moody, Wilkerson, Bahl, Wozniak; nays—none. Motion carried.
9. Site Plan Moratorium: Moody moved, seconded by Bahl, to approve Resolution Number 07-189, A Resolution Approving the Repeal of the Moratorium Regarding Site Plan Consideration and Approval on Multi-family Lots. After discussion, the vote was: ayes—Kuhl, Moody, Wilkerson, Bahl, Wozniak; nays—none. Motion carried.
10. 515 West Penn Street: Mulcahey reported that, as of the close of business today, the City has received $12,615.00 for the fundraising for the upgrades to the home.
Kuhl questioned if it would be possible, if the Hotel/Motel Tax passes, to borrow the money and complete the project, then pay back with Hotel/Motel Tax? Mulcahey explained that 50% of the monies need to be allocated to community tourism promotions or to the Convention and Tourism Bureau. This would leave 50%, which would amount to approximately $20,000.00 to pay any debt service. If this was to be done that would be a council decision.
Bahl moved, seconded by Moody, to approve Resolution Number 07-164, A Resolution to Commit funds to the Project Expenses for the Construction of the North Liberty Welcome and History Center Project at 515 West Penn Street, North Liberty, Iowa. Wozniak would like the fund raising committee to continue their effort to raise money for the house. Mayor stated that passing this resolution would tie the city into the $50,000.00 Vision Iowa Funds. After discussion, the vote was: ayes—Kuhl, Moody, Wilkerson, Bahl, Wozniak; nays—none. Motion carried.
Bahl moved, seconded by Wilkerson, to approve Resolution Number 07-165, A Resolution Approving the Agreement between the City of North Liberty and the Iowa Department of Economic Development that sets forth the terms and conditions of the Community Attraction and Tourism grant for the project at 515 West Penn Street. After discussion, the vote was: ayes—Kuhl, Moody, Wilkerson, Bahl, Wozniak; nays—none. Motion carried.
11. Library Expansion Committee: Removed from the Agenda.
12. Liberty Centre, Part 1B: Preliminary Plat: The Planning Commission recommended approval. Wilkerson moved, seconded by Bahl, to approve Resolution Number 07-192, A Resolution Approving the Preliminary Plat of Liberty Centre, Part 1B, A Subdivision of Lot 13, Liberty Centre, Part One, North Liberty, Iowa. After discussion, the vote was: ayes—Kuhl, Moody, Wilkerson, Bahl, Wozniak; nays—none. Motion carried.
Site Plan: The Planning Commission recommended approval.
Wilkerson moved, seconded by Kuhl, to approve Resolution Number 07-193, A Resolution Approving the Commercial Development Site Plan for Liberty Centre, Part 1B a Subdivision of Liberty Centre, Part I, North Liberty, Iowa. After discussion, the vote was: ayes—Kuhl, Moody, Wilkerson, Bahl, Wozniak; nays—none. Motion carried.
13. West Lake Addition, Part 12: City Staff recommends that the plat be denied. The proposed plat would create a numbered, nonbuildable lot that could create significant problems for the city in the future. If neither adjacent owner purchases the lot, it could remain as a stand-alone lot, and the city could be pressured to issue building permits. A new third-party owner could demand access from Kansas Avenue and request concessions in site development, because the lot shape will not work well in this zoning district (RM-12) to maximize area potential. Staff suggests that the entire original Lot 2 be sold without subdivision and the new owner could choose to retain the entire parcel or offer the northern portion to the adjoining property through a plat survey.
Duane Musser addressed the Council, explaining that the lot to the north, which is Part 1 of the Original Part Nine, has been purchased by a church. MMS is currently working with them on a concept plan and fund raising efforts. Part of their agreement, with the original developer, is a purchase option for land shown on this plat as Outlot A. Musser told the Council that proposed Lot A would have access to Kansas Avenue already, through a joint access easement with the church lot.
Moody moved, seconded by Wilkerson, to deny Resolution Number 07-194, A Resolution Approving the Final Plat of West Lake Addition, Part 12. During discussion, Wozniak stated that he understands staff’s concerns, but questioned if this is a legal subdivision? Wheatley addressed the Council on the questions. The plat does meet the technical requirements of a plat submission, but staff does not feel that it’s in the best interest of the city to approve the outlot. After discussion, the vote was: ayes—Kuhl, Moody, Wilkerson, Bahl, Wozniak; nays—none. Motion carried.
14. Quality Care Site Plan: The Planning Commission recommended approval.
Moody moved, seconded by Bahl, to approve Resolution Number 07-195, A Resolution Approving the Commercial Development Site Plan for Lot 4 and Outlot B of the Final Plat of Liberty Medical and Commerce Subdivision, North Liberty, Iowa. After discussion, the vote was: ayes—Kuhl, Moody, Wilkerson, Bahl, Wozniak; nays—none. Motion carried.
15. Paul Anderson Annexation: Public Hearing was opened at 8:15 p.m. and there were no comments.
The Planning Commission recommended approval of the Annexation.
Moody moved, seconded by Wilkerson, to approve Resolution Number 07-196, A Resolution Approving the Annexation Request of Paul Anderson. After discussion, the vote was: ayes—Kuhl, Moody, Wilkerson, Bahl, Wozniak; nays—none. Motion carried.
16. Paul Anderson Rezoning: Public Hearing was opened at 8:18 p.m. and there were no comments.
The Planning Commission recommended approval of the zoning request.
Moody moved, seconded by Bahl, to approve first consideration of Ordinance Number 07-24, An Ordinance Amending the Zoning Ordinance to change the Zoning on Property Owned by Paul Anderson. After discussion, the vote was: ayes—Kuhl, M oody, Wilkerson, Bahl, Wozniak; nays—none. Motion carried.
A Conditional Use Permit will be needed for the proposed daycare.
17. Frog Hollow School: The Planning Commission recommended approval of the Site Plan.
Bahl moved, seconded by Wozniak, to approve Resolution Number 07-197, A Resolution Approving the Commercial Development Site Plan for Frog Hollow School located at 410 North Front Street, North Liberty, Iowa. During discussion, Kuhl noted a concern with the intersection of North Dubuque Street and North Front Street and the problem with visibility. Staff stated that this intersection is on the Capital Improvement list to modify the intersection.
Moody also has concerns with the intersection, but feels the school traffic will be staggered enough that it would not cause a problem.
Wilkerson shares Kuhl’s concern and feels it should be moved up on the Capital Improvements list.
Bahl agrees with the concerns and would like to see a stop sign on Dubuque Street.
Kuhl would like staff to research a 4-Way Stop intersection.
After discussion, the vote was: ayes—Wilkerson, Wozniak, Bahl, Moody; nays—Kuhl. Motion carried.
18. Corridor Commercial Part 4: Moody moved, seconded by Wilkerson, to approve Resolution Number 07-198, A Resolution Accepting Improvements in Corridor Commercial, Part 4 and Outlot C. During discussion, Bahl was asked by a concerned citizen about placing a stop sign at the corner of Sara Court and Forevergreen Road, due to the fact that people are using the street and vehicles are not stopping to turn onto Forevergreen Road. After discussion, the vote was: ayes—Wilkerson, Wozniak, Bahl, Moody, Kuhl; nays—none. Motion carried.
Final Plat: The Planning Commission recommended approval of the Final Plat.
Bahl moved, seconded by Wilkerson, to approve Resolution Number 07-199, A Resolution Approving the Final Plat for Corridor Commercial, Part 4. After discussion, the vote was: ayes—Wilkerson, Wozniak, Bahl, Moody, Kuhl; nays—none. Motion carried.
19. Train Ride Funding: Moody moved, seconded by Kuhl, to pay $1500.00 for the train excursion on September 1, 2007. After discussion, the vote was: ayes—Wilkerson, Wozniak, Bahl, Moody, Kuhl; nays—none. Motion carried.
20. Street Name: Moody moved, seconded by Bahl, to approve Resolution Number 07-200, A Resolution Authorizing the Change of Name from Aspen Ridge to Cypress Ridge in Cedar Springs Subdivision. After discussion, the vote was: ayes—Wilkerson, Wozniak, Bahl, Moody, Kuhl; nays—none. Motion carried.
21. Waters and Deposit: Council would like staff to research the possibility of a new utility customer paying $100.00 at the time of sign up and split the additional $60.00 into three payments of $20.00 each if the customer cannot afford to pay the total $160.00 at once.
Moody moved, seconded by Bahl, to approve the first 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 13.08.03 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—Wilkerson, Wozniak, Bahl, Moody, Kuhl; nays—none. Motion carried.
22. Old Business: Kuhl would like staff to continue with the Sidewalk Program when possible.
23. New Business: Moody encouraged the public to view the candidates form on the North Liberty Website.
24. Closed Session: Moody moved, seconded by Kuhl, to go into closed session to discuss Potential Property Acquisition. This section may be a Closed Session as according to the Iowa State Code Section 21.5 (j), “To discuss purchase of particular real estate only where premature disclosure could be reasonable expected to increase the price the governmental body would have to pay for that property. After discussion, the vote was: ayes—Wilkerson, Wozniak, Bahl, Moody, Kuhl; nays—none. Motion carried.
25. Resume Regular Session: Moody moved, seconded by Wilkerson, to resume regular session. After discussion, the vote was: ayes—Wilkerson, Wozniak, Bahl, Moody, Kuhl; nays—none. Motion carried.
26. Adjourn: Moody moved, seconded by Bahl to adjourn the meeting at 9:02 pm. After discussion, the vote was: ayes—Wilkerson, Wozniak, Bahl, Moody, Kuhl; nays—none. Motion carried.