City Council Minutes May 23, 2006

May 23, 2006
No. 27

Mayor Pro-tem Kuhl called the regular session to order at 7:00 p.m.

Council members present:  Bahl, Kuhl, Moody (by phone—Council member Moody was out of town for business) Salm, Wozniak.  Absent: Mayor Franker.

Also present were Brian James, Tracey Mulcahey, Kevin Trom, Bill Sueppel, Travis Alden, Erek Sittig, Janet Lubben, Chief Jim Warkentin, Melvin Rivers, Bill Kiesel, Rachel Gallegos, Doug Lindner, Colleen Chipman, Beth Brockette, Kelly Beckler, Beth Saxton, Edgar Colony, Adam Bohr, Byron Tinkey, and other interested citizens.

Consent agenda. Bahl moved, Wozniak seconded to approve Library Director’s Report, Beer Permit for North Liberty Jaycees for June 9 -13, City Council minutes from May 9, 2006, Planning and Zoning Commission minutes from special meeting on May 17, and payment of the attached list of claims.  After discussion, the vote was: ayes— Bahl, Kuhl, Moody, Salm, Wozniak; nays—none. Motion carried.

Public Comment.
Colleen Chipman, 1490 Forevergreen Road, inquired if she would be allowed to speak during the Fox Valley discussion.  She requested additional information regarding the twenty versus thirty day requirements for application submission for Planning and Zoning consideration.

Official Announcements.
Mayor Pro-tem Kuhl announced that the City is working with ECICOG and Five Seasons Transportation to set up a van shuttle service that will go live in September.

Branching Out Grant.
Beth Brockette announced the award of $4,000 in grant funds to the City of North Liberty from Alliant Energy/Trees Forever for tree planting in the city to assist in energy conservation.

MIS Report: Police Chief Warkentin.
Police Chief Warkentin presented information regarding the status of the police department.  Chief Warkentin presented the citizen complaint process regarding officers. The Chief informed Council that they are welcome to review departmental statistics with him at the office.

City of North Liberty Annex & Rezone Request.
City Administrator Brian James presented the city’s request to annex and rezone property purchased by the City from IDOT.

The public hearing was opened regarding the annexation and rezoning was opened. No oral or written comments were received. The public hearing was closed.

The Planning & Zoning Commission recommends approval of the annexation and rezoning.  City Staff recommends approval of the request.  Moody moved, Bahl seconded to approve Resolution Number 06-89, A Resolution Authorizing and Accepting the Application of the City of North Liberty to Annex a Tract of Ground to the City of North Liberty, Iowa. The vote was: ayes – Wozniak, Moody, Salm, Bahl, Kuhl; nays – none. Motion carried.

Bahl moved, Salm seconded to approve the first consideration of Ordinance Number 06-17, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property Owned by the City of North Liberty, Iowa, to those set forth in the North Liberty Municipal Code for the C-2-A Commercial District. The vote was: ayes – Kuhl, Wozniak, Moody, Bahl, Salm; nays – none. Motion carried.

Penn Meadows, Part 6.
Kelly Beckler, MMS Consultants on behalf of Oakes and Hodge Development presented the request to extend the preliminary plat for Penn Meadows, Part 6. Staff recommended approval of the eighteen month extension.

Salm moved, Moody seconded to approve Resolution Number 06-93, A Resolution Approving the Extension of the Expiration Date for the Preliminary Plat of Penn Meadows, Part 6 North Liberty, Iowa from February 8, 2006 to August 8, 2008.  The vote was: ayes – Moody, Salm, Bahl, Wozniak, Kuhl; nays—none. Motion carried.

National Incident Management System (NIMS).
Assistance City Administrator/Clerk Mulcahey and City Administrator James presented the training schedule for NIMS compliance.  All full time permanent city employees will be required to have some NIMS training.

Bahl moved, Wozniak seconded to approve Resolution Number 06-94, A Resolution Designating the National Incident Management System (NIMS) as the Basis for all Incident Management in the City of North Liberty, Iowa.  The vote was: ayes – Salm, Wozniak, Kuhl, Bahl; nays – none; absent – Moody.  Motion carried.

Fox Valley.
Edgar Colony, Beth Saxton, and Adam Bohr presented the rezoning request for Fox Valley Subdivision from ID and CR-V to RM-8.  The public hearing was opened at 7:33 p.m. Colleen Chipman spoke in opposition to the rezoning.  Byron Tinkey spoke in opposition to the rezoning request. The public hearing was closed at 7:37 p.m.

The Planning and Zoning Commission recommended approval subject to the conditions set forth by the Commission as follows:
1.    No buildings constructed for dwelling purposes upon the Property shall exceed four dwelling units.
2.    No more than forty percent (40%) of the buildings constructed for dwelling purposes upon the Property shall contain four dwelling units. The four dwelling unit buildings shall be constructed in a “townhouse” style with a ground floor entry for each unit.
3.    No more than forty percent (40%) of the buildings constructed for dwelling purposes upon the Property shall contain two dwelling units.
4.    The remaining buildings constructed for dwelling purposes upon the Property shall contain at most one dwelling unit per building.
5.    Buildings containing dwellings constructed upon the Property along the north boundary of the Property [in the proposed RM 8 district] shall be limited to one dwelling unit per building and each of such buildings containing dwellings shall be separated by sideyards averaging a combined twenty (20) feet.
6.    The fronts of all buildings constructed for dwelling purposes upon the Property shall be at least seventy five percent (75%) brick and/or stone, except doors (including garage doors), windows and trim.
7.    No buildings constructed for dwelling purposes upon the Property shall exceed two stories in height.
8.    Each dwelling unit constructed upon the Property shall have access to a garage, which garage shall be at least a two stall garage.

Staff reported that it is within Planning and Zoning’s scope of responsibility to take an item up for consideration that may not have been submitted in a timely manner.

Bahl moved, Salm seconded to approve the first consideration of Ordinance Number 06-22, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property Owned by Fox Valley, Inc. Located in North Liberty, Iowa to Those Set Forth in the North Liberty Municipal Code for the RM-8 Residential District with the following requirements: No buildings constructed for dwelling purposes upon the Property shall exceed four dwelling units.
1.    No more than forty percent (40%) of the buildings constructed for dwelling purposes upon the Property shall contain four dwelling units. The four dwelling unit buildings shall be constructed in a “townhouse” style with a ground floor entry for each unit.
2.    No more than forty percent (40%) of the buildings constructed for dwelling purposes upon the Property shall contain two dwelling units.
3.    The remaining buildings constructed for dwelling purposes upon the Property shall contain at most one dwelling unit per building.
4.    Buildings containing dwellings constructed upon the Property along the north boundary of the Property [in the proposed RM 8 district] shall be limited to one dwelling unit per building and each of such buildings containing dwellings shall be separated by sideyards averaging a combined twenty (20) feet.
5.    The fronts of all buildings constructed for dwelling purposes upon the Property shall be at least seventy five percent (75%) brick and/or stone, except doors (including garage doors), windows and trim.
6.    No buildings constructed for dwelling purposes upon the Property shall exceed two stories in height.
7.    Each dwelling unit constructed upon the Property shall have access to a garage, which garage shall be at least a two stall garage.

After discussion, the vote was: ayes –Moody, Bahl, Salm; nays – Wozniak, Kuhl.  First consideration approved.

Penn Street at I-380 Ramps and Kansas Avenue.  City Administrator James presented the amendment to the agreement with Shive-Hattery for services relating to Penn Street Improvements at I-380 ramps and Kansas Avenue.

Salm moved, Bahl seconded to approve Resolution Number 06-98, A Resolution Approving Amendment Number One to the Agreement between the City of North Liberty and Shive-Hattery, Inc. for Improvements at I-380 Ramps and Kansas Avenue.  The vote was: ayes – Kuhl, Salm, Wozniak, Moody, Bahl; nays – none. Motion carried.

Sidewalk Easement.
City Administrator James presented the easement for the North Trail Project at Penn Street and Stewart Street on Jill Hagenkord’s property.  The City is planting trees on the property in exchange for this easement.  James provided an update regarding the North Trail Project.

Bahl moved, Salm seconded to approve Resolution number 06-96, A Resolution Approving the Permanent Sidewalk Easement Agreement between Jill Hagenkord and the City of North Liberty.  After discussion, the vote was: ayes – Wozniak, Bahl, Moody, Salm, Kuhl; nays – none. Motion carried.

West Lake, Part 9.
City Administrator Brian James requested that Council consider tabling the West Lake, Part 9 agenda item.  Bahl moved, Wozniak seconded to table the agenda item relating to West Lake, Part 9.  The vote was: ayes – Bahl, Moody, Salm, Kuhl, Wozniak; nays – none.  Motion carried.

FY 06 Budget Amendment.
Assistant City Administrator Mulcahey presented the amended budget for FY 06.  The public hearing was opened. No oral or written comments were received. The public hearing was closed.

Wozniak moved, Salm seconded to approve Resolution Number 06-97, A Resolution Amending the Budget for Fiscal Year 2006, Ending June 30, 2006.  After discussion, the vote was: ayes – Moody, Kuhl, Bahl, Wozniak, Salm; nays – none. Motion carried.

Roseberry Stop.
Salm moved, Bahl seconded to approve second consideration of Ordinance number 06-18, An Ordinance Approving the Variances to the North Liberty Zoning Code Set Forth in the Planned Area Development Plan for Roseberry Stop located at 2797 Front Street South, North Liberty, Iowa with the submission of revised color elevations, the dumpster enclosures being removed, granting variance to raise the southwest corner of the development above the 100 year flood plain elevation to allow for the construction of the southerly three units in building four and the 100 year flood way limit line being reshaded correctly. The vote was: ayes – Kuhl, Bahl, Salm, Moody; nays – Wozniak. Motion carried.

Cedar Springs Rezoning.
Salm moved, Bahl seconded to approve the second consideration of Ordinance number 06-19, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY CEDAR SPRINGS PARTNERS, LOCATED IN NORTH LIBERTY, IOWA, TO THOSE SET FORTH IN THE NORTH LIBERTY MUNICIPAL CODE FOR THE RS-4 DISTRICT (2.41 acres from RM-8).  The vote was: ayes –Bahl, Wozniak, Salm, Moody, Kuhl; nays – none. Motion carried.

Bahl moved, Salm seconded to approve the second consideration of Ordinance number 06-20, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY CEDAR SPRINGS PARTNERS, LOCATED IN NORTH LIBERTY, IOWA, TO THOSE SET FORTH IN THE NORTH LIBERTY MUNICIPAL CODE FOR THE RS-3 DISTRICT (2.14 acres from RS-4).  The vote was: ayes –Wozniak, Salm, Moody, Kuhl, Bahl; nays—none. Motion carried.

Salm moved, Moody seconded to approve the second consideration of Ordinance number 06-21, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY CEDAR SPRINGS PARTNERS, LOCATED IN NORTH LIBERTY, IOWA, TO THOSE SET FORTH IN THE NORTH LIBERTY MUNICIPAL CODE FOR THE RS-4 DISTRICT (0.76 acres from RS-3).  The vote was: ayes –Kuhl, Moody, Wozniak, Bahl, Salm; nays—none. Motion carried.

Utility Billing Deposit.  Bahl moved, Wozniak seconded to approve the third consideration and adoption of Ordinance Number 06-16, AN ORDINANCE 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.  The vote was: ayes –Moody, Salm, Bahl, Wozniak, Kuhl; nays – none. Motion carried.

Fun Days.
Assistant City Administrator Mulcahey provided Council with the Fun Days schedule.

Moody moved, Bahl seconded to approve Resolution Number 06-98, A Resolution Authorizing the Use of Penn Meadows Park and City Equipment for Fun Days and Authorizing Temporary Street Closings in Connection with the Fun Days Parade.  The vote was: ayes – Salm, Wozniak, Bahl, Moody, Kuhl; nays – none. Motion carried.

Mid America Hobbies.
Bill Kiesel and Brian James presented revisions to the Mid America Hobbies agreement.

Salm moved, Wozniak seconded to approve Resolution Number 06-99, A Resolution Approving the Agreement between the City of North Liberty and Mid America Hobbies. After discussion, the vote was: ayes—Kuhl, Salm, Bahl, Wozniak; nays—Moody. Motion carried.

City Administrator.
City Administrator James updated Council regarding Fox Run projects.  James provided information regarding the speed limit change on Scales Bend Road, the median on Highway 965, and the extra wide sidewalk.  Council will be asked to look at proposals for the extra wide sidewalk at the June 13 council meeting.

James inquired if Council was available on June 3 for Council meeting to discuss capital projects from 9:00 a.m. to 12:00 p.m.

Council Comments.
Councilman Salm reported on the May 12 American Institute of Architects spring meeting.  The meeting focused on improving communities through design.  The AIA cited the example of mixed use developments reducing driving needs.

Councilman Bahl reported on the Johnson County/Linn County Public Leadership Group meeting that discussed trails and connectivity in both Counties.  Bahl also provided an update regarding the vanpool that will go live in September after users are identified.

At 8:45 p.m., Councilman Moody left the meeting and returned at 8:49 p.m.

Councilman Bahl requested that citizen communication be enhanced to prevent the feeling of being left out of the process.

Councilman Kuhl reported on the Iowa River Landing Task Force that is working to determine what to do with the former rain forest site.  The group is seeking public input into the project.
Kuhl also reported on the City Finance Committee’s effort to clarify repairs and maintenance.

Councilman Wozniak reported on his meeting with Dustin Vanhoff regarding USDA Special Projects.  Wozniak further reported that JCCOG’s TAC meeting will be on June 8.  Any citizen with concerns over the Forevergreen Road extension project should contact him.

Closed Session.
Bahl moved, Wozniak seconded to adjourn to closed session at 8:55 p.m. The vote was: ayes – Wozniak, Moody, Salm, Bahl, Kuhl; nays – none. Motion carried. Meeting moved to closed session as according to Iowa State Code Section 21.5(c) “ To discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation.”

At 9:23 p.m., Wozniak moved, Salm seconded to move back into open session. The vote was: ayes – Moody, Salm, Bahl, Kuhl, Wozniak; nays – none. Motion carried.

Bahl moved to adjourn, Moody seconded. All ayes. Motion carried.

Meeting adjourned.