City Council Minutes February 28, 2006

February 28, 2006
No. 20

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

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

Also present were Brian James, William J. Sueppel, Kevin Trom, Tracey Mulcahey, Travis Alden, William Mausser, Colleen Chipman, Adam Bohr, Beth Saxton, Karla Davis, Kevin Hochstedler, Larry Pacha, Joe Raso, Kurt Kastendick, Mary K. Mitchell, Doug Lindner, Richard Anderson, Paul Osterholt, Swen Larson, Eve Casserly, Dennis Jordan, John Pelton, Karen Fesler, Chris Hoffman, Dave Roberts, Melvin Rivers and other interested citizens.

Consent agenda. Moody moved, seconded by Bahl to approve Library Directors Report, City Engineer Report, City Council minutes from February 14, 2006, Renewal of Class C Beer Permit and Carryout Wine Permit for Penn-Way Park, and payment of the attached list of claims with item number 4, items A through D relating to Fox Valley rezoning being deleted and item number 10, Telecommunications Resolution being moved to number four on the agenda. After discussion, the vote was: ayes—Kuhl, Salm, Wozniak, Moody, Bahl; nays—none.  Motion carried.

Public Comment.  Swen Larson of the Iowa City Homebuilders Association asked for the Homebuilders Association to have input into the City’s stormwater ordinance and reminded Council to keep looking forward to the future as they plan their developments. He requested that Council encourage higher density housing on main roads. He also encouraged Council to be diligent in looking at the future for roads and housing.

Eve Casserly, 1615 Pine Ridge Court, Coralville, spoke representing AARP regarding May 2006 being Older Americans month. Eve highlighted the events happening in North Liberty including the following:
May 5: Senior Luncheon and Entertainment
May 15:  Storytelling to Keep History Alive.
May 19: Senior Pool Tournament
May 20: Day of Service – Food Collection for the Crisis Center.
For additional information, to be involved in, or to help with these events contact Eve Casserly at 351-1135.

Ray Colony, 2085 Woodbine Lane updated Council regarding the rezoning of Fox Valley. Meetings have been held with the Mayor and City Staff and with adjacent neighbors.  When the issue is resolved, the rezoning will come back to Council.

ICAD/Priority One/North Liberty Development Group.  Dennis Jordan and Joe Raso presented regarding ICAD and Priority One. Larry Pacha, Mary K. Mitchell, Richard Anderson, Kurt Kastendick, and John Pelton presented information regarding the North Liberty Development Group and their role in economic and community development in the City of North Liberty.

Cable Franchising Authority.  Chris Hoffmann, Chair of the Telecommunications Commission, presented an overview of potential legislation regarding cable franchising authority and funding.  Cable TV franchising allows for regulation of right-of-ways, PEG, and franchise fee collection.  Franchise fees fund 70% of the telecommunications department’s budget.  Hoffmann provided information regarding the status of legislation on this issue.

Kuhl moved, Bahl seconded to approve Resolution 06-24, A Resolution of the City Council of the City of North Liberty, Iowa Expressing Opposition to Proposed Federal and State Legislation that May Threaten Local Cable Franchising Authority and Urging Congressional Representatives and State Officials to Refrain from any Form of Support or Co-sponsorship of such Legislation and to Vote in Opposition to such Bills and Directing that this Resolution be Forwarded to our State Legislators, the Iowa Congressional Delegation, Other Members of Congress as Deemed Appropriate and the President of the United States; and Providing an Effective Date.  After discussion, the vote was:  ayes – Kuhl, Salm, Wozniak, Moody, Bahl, Wozniak; nays—none.  Resolution approved.

Inter-City Industrial Park, Part 2.  Bahl moved, Salm seconded to approve the second consideration of Ordinance No. 06-05, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY KNOWN AS INTER-CITY INDUSTRIAL PARK, PART 2, AT THE REQUEST OF CORRIDOR VENTURES, LLC, 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—Moody, Salm, Wozniak, Bahl; nays –none; abstain – Kuhl.  Second consideration passed.

Inter-City Development.  Salm moved, Wozniak seconded to approve the second consideration of Ordinance No. 06-07, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY LOCATED IN THE 1100 BLOCK OF WEST PENN STREET, NORTH LIBERTY, IOWA AT THE REQUEST OF PAT-CHI DEVELOPMENT LP TO THOSE SET FORTH IN THE NORTH LIBERTY MUNICIPAL CODE FOR THE C-2-A HIGHWAY COMMERCIAL  DISTRICT.  The vote was: ayes – Salm, Wozniak, Bahl, Moody; nays – none; abstain – Kuhl.  Motion carried.

Bahl moved, Salm seconded to approve the second consideration of Ordinance No. 06-08, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY LOCATED IN THE 900 BLOCK OF HIGHWAY 965 NORTH, NORTH LIBERTY, IOWA AT THE REQUEST OF PAT-CHI DEVELOPMENT LP TO THOSE SET FORTH IN THE NORTH LIBERTY MUNICIPAL CODE FOR THE C-2-A HIGHWAY COMMERCIAL  DISTRICT.  The vote was: ayes –Bahl, Moody, Salm, Wozniak; nays – none; abstain – Kuhl.  Motion carried.

Bahl moved, Salm seconded to approve the second consideration of Ordinance No. 06-12, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY LOCATED ON THE WEST SIDE OF MEADE DRIVE, AT 685 MEADE DRIVE, NORTH LIBERTY, IOWA AT THE REQUEST OF PAT-CHI DEVELOPMENT LP TO THOSE SET FORTH IN THE NORTH LIBERTY MUNICIPAL CODE FOR THE C-2-A HIGHWAY COMMERCIAL  DISTRICT.  The vote was: ayes –Wozniak, Salm, Moody, Bahl; nays – none; abstain – Kuhl.  Motion carried.

Liberty’s Gate.  Bahl moved, Salm seconded to approve the second consideration of Ordinance No. 06-09, AN ORDINANCE APPROVING THE VARIANCES TO THE NORTH LIBERTY ZONING CODE SET FORTH IN THE PLANNED AREA DEVELOPMENT PLAN FOR PROPERTY LOCATED WEST OF MADISON AVENUE-PENN COURT INTERSECTION AND EAST OF INTERSTATE 380, NORTH LIBERTY, IOWA.  After discussion, the vote was: ayes – Salm, Bahl, Kuhl, Wozniak, Moody; nays – none. Motion carried.

Moody moved, Bahl seconded to approve the request to suspend the rule requiring an ordinance to be considered on three different days.  After discussion, the vote was:  ayes – Bahl, Moody, Salm; nays – Wozniak, Kuhl.  Motion failed.

Arlington Ridge.  City Administrator James presented information regarding the developers agreements for Arlington Ridge Parts 1, 2, and 3.

Bahl moved, Kuhl seconded to approve Resolution 06-11, A Resolution Approving the Agreement Between the City of North Liberty and Arlington Ridge Development that sets forth the Terms and Conditions under which Arlington Ridge, Part 1 will be developed in the City of North Liberty, Iowa.  After discussion, the vote was: ayes – Bahl, Salm, Wozniak, Kuhl; nays – Moody.  Motion carried.

Bahl moved, Salm seconded to approve Resolution 06-25, A Resolution Approving the Agreement Between the City of North Liberty and Arlington Ridge Development that sets forth the Terms and Conditions under which Arlington Ridge, Part 2 will be developed in the City of North Liberty, Iowa.  After discussion, the vote was: ayes – Salm, Wozniak, Kuhl, Bahl; nays – Moody.  Motion carried.

Bahl moved, Wozniak seconded to approve Resolution 06-26, A Resolution Approving the Agreement Between the City of North Liberty and Arlington Ridge Development that sets forth the Terms and Conditions under which Arlington Ridge, Part 3 will be developed in the City of North Liberty, Iowa.  After discussion, the vote was: ayes – Salm, Wozniak, Kuhl, Bahl; nays – Moody.  Motion carried.

Progress Park, Parts 8 & 9.  City Administrator James presented an agreement with Cedar Development for greenspace and trails relating to Outlot A (pond) in Progress Park, Parts 8 & 9.  This agreement needs to be approved and in place prior to Council accepting outlots A & B.

Salm moved, Bahl seconded to approve Resolution 06-31, A Resolution Approving the Agreement with Cedar Development for the Trail in Progress Park.  The vote was: ayes – Bahl, Kuhl, Moody, Salm, Wozniak; nays – none. Motion carried.

FY 07 Budget.  The Mayor opened the public hearing regarding the proposed budget for Fiscal Year 2007, ending June 30, 2007 at 8:30 p.m.  Kevin Hochstedler spoke regarding the potential effects on the tax base and tax revenues for the City.  No other public comment, oral or written, was received.  The public hearing was closed at 8:32 p.m.

Kuhl moved, Wozniak seconded to approve Resolution 06-32, A Resolution Adopting the Annual Budget for the City of North Liberty, Iowa for the Fiscal Year Ending June 30, 2007. After discussion, the vote was: ayes – Bahl, Kuhl, Wozniak, Salm; nays – Moody. Motion carried.

Depository Resolution.   Bahl moved, Wozniak seconded to approve Resolution 06-33, A Resolution Designating Hills Bank & Trust Company, US Bank, Iowa State Bank & Trust Company, and University of Iowa Community Credit Union as Depositories for Public Funds Belonging to the City of North Liberty, Iowa.  The vote was: ayes – Wozniak, Kuhl, Bahl, Moody, Salm; nays – none. Motion carried.

Water Treatment Plan.  Discussion occurred regarding options for the water treatment plant facility. Kevin Trom recommended a work session with Jim Merideth of Fox Engineering to finalize this plan.

Sewer Revenue Bond.  Bahl moved, Salm seconded to set the public hearing regarding the Sewer Revenue Bond for March 14, 2006.  After discussion, the vote was: ayes – Salm, Bahl, Moody, Kuhl, Wozniak; nays – none. Motion carried.

Johnson County Orthophotography.  City Administrator Brian James reported on a potential cooperative project with Johnson County for orthophotography.  Orthophotography would provide aerial photographs with two foot contours.  This would provide better planning information, provide a minor revenue source, and moves the City toward GIS capabilities. The project is estimated to cost $24,218.  Council will review the item at the next meeting for approval.  Consensus was to move forward with the project.

WML Fairview Garage Exterior.  WML is requesting reconsideration of Council’s previous determination of requiring brick on the entire exterior of the garage structures. After discussion, no action was taken.

Escrow Accounts.  Discussion was held regarding the City’s escrow accounts.  Council requested that staff review the accounts and set appropriate timelines for completion of items.

965 Summary sent to Congressional delegation by March 1.  Brian James provided Council with a strictly informational packet regarding Highway 965 to be sent to Washington DC.

Councilor Updates.  Bahl expressed concerns over the City committing $300,000 to Clear Creek Amana School District when Council has not approved the funding.  Salm requested forms for reviews.  Kuhl asked if North Liberty planned to apply for the grant with Johnson County/Iowa City to equip police cars.  Moody expressed concerns over speech when the Mayor was sworn in stating that North Liberty is open for business.  He stated there are issues where we are not open for business.  Wozniak stated that the City should be funding more park equipment.  He equated growth with tax increases. He stated that wastefulness and inefficiency of government causes taxes to increase.

Mayor Update.  Mayor Franker stated that the 965 Task Force’s first meeting will be on March 9, 2006 at 7 p.m.  He stated that during the budget work session he brought the Clear Creek Amana funding up in discussion and ideas.  He stated no commitment had been made by the City and it was incorrectly characterized by the press.

Adjournment.  Moody moved, Wozniak seconded, to adjourn the meeting at 9:10 p.m.  Two ayes. Motion failed.

Bahl moved to hear Dave Roberts speak, Moody seconded.  The vote was:  ayes – Kuhl, Bahl, Moody, Salm; nays – Wozniak.  Motion carried.

Dave Roberts, 2027 River Oaks Court, addressed the Council regarding cooperating with development.

Salm moved, Bahl seconded to adjourn the meeting at 9:20 p.m. All ayes. Motion carried