City Council Minutes June 27, 2006
June 27, 2006
No. 29
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, Kevin Trom, Tommy Haines, Laura Bergus, Bill Mausser, Rob Gardiner, Janet Lubben, Bryan Wayson, Colleen Chipman, Byron Tinkey, Greg Metternich, Clair Mekota, Adam Bohr, Wayne Grell, Scott Andersen, and other interested citizens.
Consent agenda. Kuhl moved, Salm seconded to approve the Library Director’s Report, Cigarette/Tobacco Permits for TL & L, Inc., Bob’s Place, Cigarette Outlet, #12, Casey’s General Store, LD Express, Corridor Venture, Holiday Foods, Gasby’s Amoco, Handimart, and Penn-Way, Rugger’s Café Liquor License, City Council minutes of June 13, 2006 regular meeting, attached list of bills, and the agenda with the following amendments, deletion of items 1C, Controlled Burn Permit Application for Delong Construction north of old metal building at 1550 Highway 965, 5 – Capital Improvements Plan Work Session, and 14 North Park Developer’s Agreement and the moving of item 11 Fox Valley to after number 18 on the agenda. The vote was: ayes— Bahl, Kuhl, Moody, Salm, Wozniak; nays—none. Motion carried.
Public Comment.
Brian Wayson, 1550 Forevergreen Road, offered comments and concerns regarding the development known as Fox Valley Subdivision.
Colleen Chipman, 1490 W. Forevergreen Road, spoke regarding concerns about Fox Valley Subdivision.
Byron Tinkey, 1165 W. Forevergreen Road inquired as to the easement for Jones Boulevard.
Presentation of Service Awards.
Mayor Franker presented a service award to Rob Gardiner for his four years of service to the City as a Council member. Mary K. Mitchell was presented with a token of appreciation for thirty years of service to the City.
Official Announcements.
Mayor Franker announced that Coles Quality Foods is coming to begin production in former Rudi’s building. The Mayor congratulated City Administrator Brian James on his hard work in bringing this business to the community.
MIS Report: Greg Metternich, Water Superintendent.
Water Superintendent, Greg Metternich provided Council with information regarding peak day demand and peak time demand for water usage. The City averages 750,000 gallons per day. In early June, 1,780,000 gallons were pumped. The increase in water pumpage is directly related to lawn irrigation. Metternich talked about the importance of protecting our natural resource, source water in the Jordan Aquifer. Staff is proposing an ordinance that will limit water usage for lawn irrigation to odd days for odd numbered addresses and even days for even numbered addresses between the hours of 7:00 a.m. and 9:00 p.m. Discussion was held regarding enforcement, increasing rates on higher usages, and voluntary water usages.
The Mayor recommended that the City pursue a voluntary water use at this time with the ordinance being brought back at a future time for consideration.
Construction Site Runoff Ordinance.
The construction site runoff ordinance presented at the June 13 Council meeting was revised to include changes to the department name in charge of enforcement, removal of administrative penalties, and revisions to the appeals process.
Kuhl moved, Moody seconded to approve the first consideration of Ordinance number 06-26, An Ordinance Amending Title 13, “Water, Sewers, and Public Services” of the North Liberty Municipal Code by adding a new Chapter 13.50, “Construction Site Erosion and Sediment Control,” to Establish Rules and Regulations to control or eliminate storm water pollution along with soil erosion and sedimentation within the City of North Liberty. After discussion, the vote was: ayes – Wozniak, Moody, Salm, Bahl, Kuhl; nays – none. Motion carried.
Tobacco Civil Penalties.
Assistant City Administrator Mulcahey presented the tobacco civil penalties for Quail Creek Golf Course and Penn Way Park.
Bahl moved, Salm seconded to approve Resolution Number 06-111, A Resolution Accepting Payment of $300.000 Civil Penalty and Waiver of Right to Hearing from TL&L d/b/a Quail Creek Golf Course. The vote was: ayes – Kuhl, Wozniak, Moody, Bahl, Salm; nays – none. Motion carried.
Kuhl moved, Moody seconded to approve Resolution Number 06-112, A Resolution Assessing Civil Penalty of either Thirty (30) Day Retail Cigarette Permit Suspension or $1,500 against Prime Time Softball, Inc. d/b/a Penn Way Park with the permit to be surrendered as soon as legal notice is provided. After discussion, the vote was: ayes — Moody, Salm, Bahl, Wozniak, Kuhl; nays – none. Motion carried.
City Attorney Resignation..
Mayor Franker read the resignation letter from William J. Sueppel. Sueppel cited state of Iowa ethics rules and conflict of interest in his resignation.
City Administrator James presented scenarios for hiring new City Attorney.
1. The City can issue an RFQ for an attorney in a firm that has no development ties to North Liberty.
2. The City could hire a City Attorney on staff that would not be able to represent any other clients.
3. The City could enter into a 28E agreement with other communities for attorney services.
After discussion, Administrator James stated staff will be bringing an RFQ structured for either an individual or a firm to respond.
City of North Liberty Annex and Rezone Request.
Bahl moved, Moody seconded to approve the third consideration and adoption 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, Salm, Wozniak, Moody, Bahl; nays – none. Motion carried.
Assessment of Delinquent Accounts.
Assistant City Administrator Mulcahey presented the request for assessment of delinquent accounts.
Bahl moved, Moody seconded to approve Resolution Number 06- 114, A Resolution Authorizing the Assessment of Delinquent Amounts owed to the City of North Liberty, Iowa to Individual Property Taxes. After discussion, the vote was: ayes – Wozniak, Bahl, Moody, Salm, Kuhl; nays – none. Motion carried.
Park Consultant RFP.
Mulcahey presented a summary of the process of seeking a consultant for the Comprehensive Park Plan. The Parks & Recreation Commission made the recommendation to utilize the proposal for services from RDG Planning and Design, Inc.
Wozniak moved, Kuhl seconded to approve Resolution Number 06-115, A Resolution Accepting the Proposal for Services from RDG Planning and Design, Inc. for Comprehensive Park Planning Services. After discussion, the vote was: ayes – Moody, Kuhl, Bahl, Wozniak, Salm; nays – none. Motion carried.
West Lake, Part 9.
Scott Andersen of Cedar Development was present to discuss use and access for West Lake, Part 9. After discussion, Anderson stated he would look at covenants that would allow him, as the developer, to be proactive with access from Kansas Avenue into this portion of the subdivision.
Jefferson Point.
Moody moved, Kuhl seconded to approve the second consideration of Ordinance number 06-24, An Ordinance Approving the variances to the North Liberty Zoning Code set forth in the Planned Area Development Plan for Jefferson Point located at 45 W. Jefferson Street, North Liberty, Iowa with the following conditions:
1. subject the old Planned Area Development being vacated
2. masonry component being added to the front of the building
3. approve the variance to the parking to allow 24 spaces instead of the 32 spaces required by code.
After discussion, the vote was: ayes – Kuhl, Bahl, Wozniak, Salm, Moody; nays – none. Motion carried.
Liberty’s Gate, Part Nine, Lot One.
Bahl moved, Moody seconded to approve the second consideration of Ordinance number 06-25, An Ordinance Approving the Variances to the North Liberty Zoning Code set forth in the Planned Area Development Plan for Liberty’s Gate, Part Nine, Lot One, North Liberty, Iowa subject to the following items being included in the plan:
1. showing the existing street lights
2. revising the note on the plat to reflect 30 foot setbacks on the eight plex.
The vote was ayes—Bahl, Salm, Moody, Kuhl; nays – Wozniak. Motion carried.
Fox Valley.
Moody moved, Bahl seconded to approve the third consideration and adoption of Ordinance Number 06-22, An Ordinance amending the Zoning Code 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.
The vote was: ayes –Salm, Moody, Bahl; nays – Wozniak, Kuhl. Motion carried.
Clair Mekota, Adam Bohr, Wayne Grell, and Byron Tinkey presented the preliminary plat for Fox Valley Subdivision. Mekota presented Council with a signed agreement relating to Jones Boulevard for the purchase of .26 acres from Wayne Grell and Byron Tinkey for Jones Boulevard right-of-way.
The Planning and Zoning Commission recommends approval of the preliminary plat subject to the following conditions:
1. Revising the note on Lot 4 to read as follows: “ Outlot ** reserved for right-of-way and street extension to the west by the developer. Street required if land use plan west of subdivision changes to residential”.
2. Add a temporary access road to the lift station.
3. Continue the trail through the east side of Outlot A to hook up with the eight foot trail on the south side of Forevergreen Road.
4. Revise Jones Blvd intersection to 85 foot width.
5. Add to the covenants the screening of lots that abut Forevergreen Road. The lots that should have screening will be decided by City Staff and be reflected in the Developers Agreement.
6. All reasonable alternatives be explored prior to evoking the power of eminent domain.
City Engineer Trom clarified item number five to read only at the Tinkey property and confirmed this had been completed. Trom further reported that all items had been satisfactorily revised on the plat except number five which should be discussed as a component of the developer’s agreement. Trom stated that the accurate revised plat had been provided to the City complying with Planning and Zoning’s recommendations.
Kuhl moved to table the preliminary plat for Fox Valley Subdivision, Wozniak seconded. After discussion, the vote was: ayes – Kuhl, Wozniak; nays – Bahl, Salm, Moody. Motion failed.
Moody moved, Bahl seconded to approve Resolution number 06-113, A Resolution Approving the Preliminary Plat of Fox Valley with the following conditions:
1. Revising the note on Lot 4 to read as follows: “ Outlot ** reserved for right-of-way and street extension to the west by the developer. Street required if land use plan west of subdivision changes to residential”.
2. Add a temporary access road to the lift station.
3. Continue the trail through the east side of Outlot A to hook up with the eight foot trail on the south side of Forevergreen Road.
4. Revise Jones Blvd intersection to 85 foot width only at the Tinkey property.
5. All reasonable alternatives be explored prior to evoking the power of eminent domain.
The screening issue should be addressed with the developer’s agreement discussion. After discussion, the vote was: ayes—Salm, Bahl, Moody; nays – Kuhl, Wozniak. Motion carried.
City Administrator.
City Administrator James gave Council the timeline for transit services to begin in the City. It is expected that contracts will be complete by the end of August. James met with ECICOG regarding the timeline to talk to employers in Cedar Rapids to assess ridership. Cedar Rapids Transit is looking at insurance in depth. The projected vanpool start date is September, 2006.
July 11 will be the first public input session regarding the Johnson County Fringe Area agreement. Concerned citizens are invited to participate in this public forum. The Johnson County Fringe Area agreement determines what areas will remain rural versus becoming urban. The Coralville Fringe Area Agreement will be discussed in the context of development and growth.
James presented information regarding the JCCOG Policy Board’s meeting for Wednesday, June 28 where public input will be sought regarding the east extension plan of Forevergreen Road.
Council Comments.
Councilman Wozniak reported on meeting with Senator Grassley and Representative Leach in Des Moines regarding funding for the Highway 965 project. He has drafted policy ideas for a park trust fund for the city. He is donating half of his City Council salary to the City for Deerfield Park and half to the North Liberty Community Food and Clothing Pantry.
Councilman Moody requested that the light in front of his seat in Council chambers be repaired.
Councilman Bahl inquired about the status of the trail to Fox Run. City Administrator James responded that the gaps by Centro will be completed as soon as the contractor can get to it. Bahl inquired about the email from Fox Run residents regarding the trail to the park and the intersection of Scales Bend Road. He asked that the neighbors be provided an update. Bahl asked about the West Trunk sewer easements. The easement grantees claim they have had no contact with the City since April. James responded that two weeks ago, the city Attorney was sending a proposal for approval.
Councilman Salm asked residents to trim trees that are hanging low over sidewalks.
Councilman Kuhl reported on the chamber luncheon at North Central Jr. High and the Cedar Rapids/Iowa City joint chamber luncheon with Senator Harkin. Kuhl asked Senator Harkin about the Highway bill. Senator Harkin reported the bill is up for reconsideration in 2008. Kuhl offered Senator Harkin’s comments that the future of Iowa is renewable source energy and asked that the City consider renewable options when possible.
Mayor Comments.
Mayor Franker attended the Chamber Lunch at North Central Jr. High, met with North Liberty Development leadership, and met Representative Leach at the Methodist Church pancake breakfast. He reported that Tiffin will be celebrating their Centennial. He welcomed Tommy Haines to NLTV and congratulated Travis and Sarah Alden on the birth of their daughter, Natalie.
At 8:51 p.m., Kuhl moved to go into closed session as according to Iowa State Code Section 21.5(i), “To evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session” to discuss City Administrator Evaluation – Compensation. The vote was: ayes – Wozniak, Kuhl, Salm, Moody, Bahl; nays – none. Motion carried.
Meeting adjourned.
