Home>Government>City Council>Minutes>August 22, 2006 

North Liberty
City Council Meeting Minutes
August 22, 2006
No. 4

Mayor Franker called the regular session to order at 7:00 p.m.

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

Also present were Brian James, Tracey Mulcahey, Bill Sueppel, Kevin Trom, Laura Bergus, Tommy Haines, Bill Mausser, Natalie Wilkerson, John Yapp, Pat Harney, Greg Parker, Dan Holderness, Ken Fearing, Rev. Bob Welch, Brendan Dailey, Dewayne Olney, Candace Daniels, Coleen Chipman, Jess Bernhard, George Farkas, Suzanne Mitchell, Lisa Gumper, Bruce Brechtel, Lisa Brechtel, Heather Brechtel, Rich Webster, Shawn Krantz, Mark Owen, Rich Hawkey, Scott Peterson, Mike Evans, Duane Musser, Kevin O’Brien and other interested citizens.

Consent agenda. Kuhl moved, Bahl seconded to approve Police Chief’s' Report, Library Director’s Report, Café Brown Bottle Liquor License Renewal: Class C liquor license/carryout beer, Eggy’s Liquor License Renewal: Class C Liquor/Outdoor Service/Sunday Sales, Club 76 Liquor License: September 3, 2006 Class C, Casey’s General Store (d.b.a. Liberty’s Gate Handimart): Class C Beer Permit/Sunday Sales, Casey’s General Store Tobacco Permit (d.b.a. Liberty’s Gate Handimart), Johncy’s Liquor Store, Inc. Tobacco Permit, City Council minutes of August 8, 2006, Regular Meeting.and payment of the attached list of bills.

The vote was: ayes – Kuhl, Bahl, Wozniak, Moody, Salm; nays -- none. Motion carried.

Public Comment.
Natalie Wilkerson representing the North Liberty Community Food and Clothing Pantry announced the Food Pantry Food Drive scheduled for Saturday, September 9, 2006. Food needs to be placed on your front porch by 2 p.m. The winning neighborhood will receive recognition. All non-perishable items are welcomed.

Official Announcements – Mayor Franker.
Mayor Franker thanked residents for reducing water usage.

Work Session: North Liberty – Coralville – Johnson County Connections: A Discussion with Johnson County, Coralville and JCCOG Officials.
John Yapp, JCCOG staff, Pat Harney, Johnson County Supervisor, Greg Parker, Johnson County Engineer, and Dan Holderness, Coralville Engineer joined Council at the table to discuss connectivity of city utilities, streets, and trail systems. Council requested a work session with Clear Creek Amana School District, Tiffin, Coralville, and Johnson County regarding issues with the new elementary school.

North Liberty Transit.
Ken Fearing and Rev. Bob Welch commended the City for implementing the transit system.

Wozniak moved, Kuhl seconded to approve Resolution Number 06-124, A Resolution Approving an Agreement for Transit Services between the City of Coralville and the City of North Liberty, Iowa. After discussion, the vote was: ayes – Salm, Wozniak, Moody, Kuhl; nays – Bahl. Motion carried.

Planning and Zoning Commission Members.
Ryan Wade, Brenden Dailey, Dewayne Olney, Candace Daniels, Coleen Chipman, and Jacob Koller submitted applications for appointment to the Planning and Zoning Commission. Brendan Dailey, Dewayne Olney, Candace Daniels, and Coleen Chipman were present to answer questions from the Council.

Moody moved, Bahl seconded to appoint Ryan Wade to fill Cindy Diouf’s position and Dewayne Olney to fill Scott Shrader’s position on the Planning and Zoning Commission. After discussion, the vote was: ayes – Moody, Bahl; nays – Salm, Wozniak, Kuhl. Motion failed.

Bahl moved to appoint Ryan Wade to the Planning and Zoning Commission. The motion died for lack of a second.

Bahl moved, Moody seconded to appoint Dewayne Olney to the Planning and Zoning Commission. The vote was: ayes—Bahl, Moody, Salm; nays – Kuhl, Wozniak. Motion carried.

Kuhl moved, Wozniak seconded to appoint Coleen Chipman to the Planning and Zoning Commission. The vote was: ayes – Kuhl, Wozniak; nays – Bahl, Moody, Salm. Motion failed.

Moody moved, Bahl seconded to appoint Candace Daniels to the Planning and Zoning Commission. The vote was: ayes – Wozniak, Salm, Moody, Kuhl, Bahl; nays – none. Motion carried.

MIS Report: Telecommunications: Laura Bergus.
Media Coordinator, Laura Bergus, updated Council on the status of the Telecommunications Department and programming. NLTV has produced more than 335 original programs in the last year.

City Administrator Report.
A. Telecommunications Wireless Report.
City Administrator James presented the report and cost proposal from CFree. Council requested that James prioritize the list according to financial capacity.

B. Escrow Report.
City Administrator James reviewed the updated escrow list.

C. Waste Water Report (Muddy Creek Grant Committee).
City Administrator James presented the minutes from the Muddy Creek Clean-up Committee. The next meeting will be scheduled sometime between 9/12 and 9/14.

D. Water Usage Information.
James presented the latest water consumption reports. He recommended that Council consider looking at an ordinance for water conservation for future usage.

E. Liberty Centre Project Update.
James reported that sod was installed today. He expects the City to collect all liquidated damages requested.

F. North Trail Project and Johnson County Trail Connection.
The project is completed.

G. Bond Sale Timeline Report.
Bond sale will occur when projects are closer to completion.

H. Street Striping, weed and pond control.
James provided updates on street striping, weed control procedures, and pond control. Council directed the City Administrator to work on an ordinance putting tighter controls on ponds as soon as possible.

I. Park Equipment Escrow.
James reported that legally the City can not require a developer to provide funds for park equipment. He cited examples of two developers that have committed funds in an escrow to the city for park equipment. Council asked for best practices regarding developers contributing to park equipment funds.

J. Report: Left Turn Report: Hwy 965.
No new information was provided. Council directed staff to request that JCCOG input the new information and regenerate the report. .

K. West Sewer Trunk Line Project.
James has attempting contact with the attorney for the farmer for crop damage calculations. The attorney has not returned James’ calls.

L. 2005 Sidewalk Program.
City Administrator James provided an update regarding the 2005 Sidewalk Program. Council directed James to send letter with specific deadline for installation of missing link. Council requested the implementation of a 2007 Sidewalk Program.

M. Phase II Community Center Project.
The final payment will be made on 9/12.

N. Scales Bend Road Sidewalk Project.
City Administrator James reported that the owner of two of the easements has agreed to come in and sign both of them. He reported on difficulties in connecting with the owner of the third easement.

O. Penn Street / I-380 intersections.
James reported that a call the City’s bond counsel is required prior to proceeding with this. The work is expected to be complete by Spring 2007.

City Administrator Compensation.
Salm moved, Kuhl seconded to approve Resolution Number 06-116, A Resolution Approving an Amendment to the Employment Agreement Between the City of North Liberty, Iowa and Brian James, City Administrator. After discussion, the vote was: ayes – Wozniak, Salm, Kuhl; nays – Moody, Bahl. Motion carried.

Drinks Liquor License.
Public comment was received regarding renewal of the Drinks Bar Liquor License.
George Farkas who owns two four plexes approximately 120 feet from Drinks reviewed Drinks police calls for Council.

Suzanne Mitchell, 175 Juniper Court, clarified her comments from the previous meeting, offered sample parking lot language, and asked Council to consider their choices.

Lisa Gumper, 235 Juniper Court, offered that Drinks Bar does not promote a good, safe, family environment.

Mark Owen, 30 W. Penn Street, remarked that the bar was having growing pains due to the age of the establishment.

Heather and Lisa Brechtel, 155 Juniper Court, played a video from inside their bedroom window at approximately 1 to 2 a.m.

Rich Hawkey, Sugar Creek Lane, works part time at Drinks as a door person. He stated that they have no jurisdiction over what happens in the parking lot. He stated he has the same instance at his apartment and that all bars have complaints.

Rich Webster, Drinks Attorney, thanked Council and Staff for time and apologized on behalf of Drinks Bar. He proposed working together to alleviate this issue. He stated that Drinks is willing to spend $4,000 on the fence. He reported that the bar provides extra security, closes earlier, and trains employees to recognize when to not serve someone. He invited staff, neighbors, and Council to call him directly if they have concerns or ideas to make this better.

Bruce Brechtel, 155 Juniper Court, stated that this is a lack of understanding. Noise is the problem. Precedent exists for owner’s being held responsible for their patrons.
Brian James reviewed the agreement between Drinks Bar and the City of North Liberty regarding renewal of the facility’s liquor license with conditions. Discussion was held regarding the installation of a sight and sound barrier on the property. The City Engineer recommended having an acoustical engineer review the issue and make recommendations.

Gerry Kuhl moved to approve Resolution Number 06-149 with additional conditions. The motion died for lack of a second.

Salm moved to table the issue to the next Council meeting so that the City can get more information about the fence, see what costs are, see what Krantz is willing to bear, see what design or what we consider the design and what the neighbors are comfortable with, Moody seconded. After discussion, the vote was: ayes – Salm, Moody, Kuhl, Bahl, Wozniak; nays – none. Motion carried.

Moody moved, Kuhl seconded to move agenda item number 18, Grand North Plaza to this time on the agenda. The vote was ayes : 5; nays: none. Motion carried.

Grand North Plaza.
Duane Musser, MMS Consultants, Kevin O’Brien, and Mike Evans were present to discuss the revised preliminary plat of Grand North Plaza. The plat was revised to show Community Drive intersecting directly into the development. An additional future drive is shown on the east end of the plat.

Kuhl moved, Moody seconded to approve Resolution Number 06-154, A Resolution Approving the Revised Preliminary Plat for Grand North Plaza, North Liberty, Iowa. The vote was: ayes – Salm, Bahl, Moody, Kuhl, Wozniak; nays – none. Motion carried.

City Attorney.
Discussion was held regarding the hiring process for the City Attorney. Bahl moved, Salm second to table agenda item relating to the appointment of the City Attorney. After discussion, the vote was: ayes-- Bahl, Salm; nays – Moody, Kuhl, Wozniak. Motion failed.

Wozniak moved, Kuhl seconded to approve Resolution Number 06-150, A Resolution Naming Scott Peterson as the Official City Attorney for the City of North Liberty. After discussion, the vote was: ayes – Salm, Wozniak, Kuhl, Moody; nays – Bahl. Motion carried.

Information Presentation: City Councilor Wozniak: RE JCCOG Discussion of East Forevergreen Road Request for Information.
Councilor Wozniak and City Administrator James provided updates regarding the Forevergreen Road Extension discussion. JCCOG has requested input from Coralville and North Liberty regarding projected future growth in order to better determine the alignment of East Forevergreen Road.

North Liberty Fun Run.
Moody moved, Salm seconded to approve Resolution Number 06-151, A Resolution Authorizing the Use of City Streets and Temporary Street Closings for the Annual North Liberty Chamber Steering Committee Fun Run/Walk. After discussion, the vote was: ayes – Kuhl, Bahl, Wozniak, Salm, Moody; nays – none. Motion carried.

Safe Routes to School Grant Application.
City Administrator James provided information regarding the Safe Routes to School Grant application.

Moody moved, Kuhl seconded to approve Resolution Number 06-152, A Resolution Approving the Joint Application of Iowa City Community School District and the City of North Liberty for Safe Routes to School Grant. The vote was: ayes—Bahl, Wozniak, Salm, Moody, Kuhl; nays – none. Motion carried.

Facilities Study Request for Proposals.
City Administrator James presented the RFP (Request for Proposals) for Facilities Study.

Moody moved, Kuhl seconded to approve the RFP. The vote was: ayes – Bahl, Salm, Kuhl, Wozniak, Moody; nays -- none. Motion carried.

Council Comments
Councilor Wozniak reported the JCCOG meeting regarding Forevergreen Road is scheduled for 8/30. The next Parks Comprehensive Plan meeting is scheduled for September 11.

Councilor Moody reported that the Human Rights group’s representative is meeting with the Johnson County Attorney’s office. He also reported that former Mayor Clair Mekota’s mother passed away.

Councilor Salm reported on NIMS training and the next Highway 965 Task Force meeting.

Councilor Kuhl reported on the Chamber lunch, Iowa River Landing Task Force meeting with imagineers on Sept. 5 & 6 from 6 – 7:30, and requested that Josh Schamberger from the Iowa City Convention and Visitor’s Bureau be asked to attend an October meeting regarding Hotel/Motel Taxes.

At 10:55, the meeting was recessed.

At 11:00 p.m., the meeting moved into closed session as according to Iowa State Code Section 21.5 (j), to discuss the purchase of particular real estate where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property.


Meeting adjourned.


_________________________________
David Franker, Mayor

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Tracey Mulcahey, City Clerk