City Council Minutes December 12, 2006

 December 12, 2006
No. 15

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

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

Also present: Brian James, Scott Peterson, Kevin Trom, Tommy Haines, Tracey Mulcahey, JR Brumley, Joy Brumley, Joe Raso, Aaron Belton, Steven McCann, Dan Skemp, Virginia Combs, Don Colony, Shelly Simpson, Laura Bergus, Jim Warkentin, Greg Metternich, Duane Musser, Matthew Adam, and other interested citizens.

Consent agenda.  Bahl moved, Moody seconded to approve Building Official’s report, Street Superintendent’s report, Park Superintendent’s report, Recreation Director’s report, Telecommunication Coordinator’s report, Water Superintendent’s report, Wastewater Superintendent’s report, Parks & Recreation Commission minutes, Telecommunications Commission minutes, Tree and Stormwater Advisory Board minutes, Planning and Zoning Commission minutes, City Council Minutes – November 28, 2006 Regular Meeting, City Council Minutes – November 27, 2006 Special Meeting, attached list of Bills and November revenues. After discussion, the vote was: ayes – Kuhl, Bahl, Wozniak, Moody, Salm; nays – none.  Motion carried.

Public Comment. None.

Official Announcements—Mayor Franker.   None.

Bill of Rights Day.  Moody moved, Kuhl seconded to approve Resolution Number 06-243, A Resolution Proclaiming December 15 as “Bill of Rights Day” in North Liberty, Iowa Mayor Franker read the resolution.  The vote was: ayes – Salm, Wozniak, Moody, Kuhl, Bahl; nays – none. Motion carried.

City Administrator Report.  City Administrator James provided an update regarding several items.  The Planning/Zoning Officer position has been advertised.  The application period is expected to close in early January depending on applications received.

Discussion was held regarding the funding for expansion of the Clear Creek Amana School Gymnasium.  James presented potential tax levy increase reminding council the amount of the levy necessary is dependent upon many factors that have not been finalized at this time. Many items were presented and discussed including, but not limited to, cost per North Liberty student, purpose of the facility, space needs of the city, increase in funding request, and the city’s participation in the school project.

James presented information regarding the Planning job description. He requested that all comments regarding it be received by Friday so that he might advertise for the position.

City Attorney Report.  City Attorney Peterson reported that after the next Planning and Zoning Commission meeting, he would have revisions for the subdivision ordinance.

City Engineer Report.  City Engineer Trom updated Council regarding the I-380/Penn Street interchange with turn lanes and signalization including bridge replacement and expansion.  The project is estimated at $3 million.

Conditional Use Ordinance.  Moody moved, Bahl seconded to approve the first consideration of Ordinance Number 06-35, An Ordinance Amending Chapter 20, Entitled “Conditional Uses,” of the North Liberty Municipal Code by adding Sections 2002, 2003, 2004, 2005, and 2006 to allow the Board of Adjustments to Authorize Conditional Use Permits.  City Attorney Peterson clarified that this update is to make the city’s ordinance compliant with State law.  After discussion, the vote was:  ayes – Moody, Bahl, Salm, Wozniak, Kuhl; nays – none. Motion carried.

Park Land Donation.  JR and Joy Brumley presented information regarding their donation offer of 2.5 acres of land.  The land is to be used specifically as park land. The 70 foot easement on the North end of the property will be appropriately used as right-of-way for the Golfview Drive connection to the west.  Kuhl moved, Salm seconded to approve Resolution Number 06-244, A Resolution Authorizing the City to accept Real Estate from Elmer (J.R.) and Joy Brumley for the location of a park known as “Joy’s Park.”  After discussion, the vote was:  ayes – Kuhl, Bahl, Wozniak, Moody, Salm; nays – none. Motion carried.

ICAD Presentation – Joe Raso.  ICAD Executive Director, Joe Raso, presented information regarding ICAD’s investment campaign’s success and hiring of two new staff.  He reviewed a memorandum of understanding with Council regarding ICAD’s responsibilities to the City.  Raso provided updates regarding local business.

Board and Commission Appointments.    Kuhl moved, Bahl seconded to approve the appointments of Aaron Belton, Candace Daniels, and Bill Mausser to the Planning and Zoning Commission for the three full terms.  After discussion, the vote was:  ayes – Moody, Bahl, Wozniak, Kuhl, Salm; nays – none. Motion carried.

Moody moved, Salm seconded to appoint Terry Donahue to the unexpired Planning and Zoning term to 2009.  After discussion, the vote was: ayes – Salm, Moody, Bahl, Wozniak, Kuhl; nays – none. Motion carried.

Moody moved, Kuhl seconded to appoint Dan Skemp and Steven McCann to the Parks and Recreation Board.  After discussion, the vote was: ayes – Kuhl, Salm, Moody, Bahl, Wozniak; nays – none.  Motion carried.

Kuhl moved, Moody seconded to appoint Ron Bandy, Chris Hoffman, and Marvin Kerr to the Telecommunications Commission. After discussion, the vote was: ayes—Moody, Wozniak, Kuhl, Salm, Bahl; nays – none. Motion carried.

Kuhl moved, Moody seconded to appoint Virginia Combs and Aaron Granquist to the Tree and Stormwater Board.  After discussion, the vote was: ayes – Moody, Bahl, Wozniak, Kuhl, Salm; nays – none. Motion carried.

Bahl moved, Moody seconded to appoint Clair Mekota to the Board of Adjustments.  After discussion, the vote was: ayes – Moody, Bahl; nays – Salm, Wozniak, Kuhl,  Motion failed.

Department Budget Priorities.  Street Superintendent, Don Colony, presented the Street Department’s budget priorities.

Recreation Director, Shelly Simpson, presented the Recreation and Aquatic Departments’ budget priorities.

Media Coordinator, Laura Bergus, presented the Telecommunications Department’s budget priorities.

Police Chief, Jim Warkentin, talked about the growth of the city and number of call in relation to the Police Department’s budget.

Water Superintendent, Greg Metternich, presented priorities for the Water Department.

Pond Ordinance.  Salm moved, Kuhl seconded to table discussion regarding the Pond Ordinance to December 19, 2006. After discussion, the vote was: ayes – Moody, Bahl, Wozniak, Kuhl, Salm; nays – none. Motion carried.

Rezoning of New Annexation.  Moody moved, Bahl seconded to approve the third consideration and adoption of Ordinance Number 06-32, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property owned by Jean Robillard and Renee Robillard (Parcel Number 0720454001); Frank E. Colony and Margaret J. Colony (Parcel Numbers 0719176001 and 0719151001); Moon Dance L.L.C. (Parcel Number 0720252003); Diana Pratt (Parcel Number 0720252002); Jay R. Davidson and Beverly J. Davidson (Parcel Number 0720251002); Kent D. Gedlinske and Colleen E. Gedlinske (Parcel Number 0720278004); Kristi A. Meyer (Parcel Number 0720301002); Bradford J. Houser and Becky Jo Houser (Parcel Number 0720301001); Michael J. McCue and Kathleen J. McCue (Parcel Numbers 0720377001, 0720376005, 0720451003, 0720452004); Whitetail Valley Number Two Homeowners’ Association (Outlots in Parts Two and Three); Craig C. Porter and Patricia A Donohoue (Parcel Number 0720453001); Sholeh Rejvani (Parcel Number 0720451001); Frances J. Meyer and Paul B. Rothman (Parcel Number 0720452002); Nicholas & Nancy Yutzy (Parcel Number 0720452001); Teresa M. Lee (Parcel Number 0720479001); David Lewis Bushnell, Jr. and Denise Marie Bushnell (Parcel Number 0720479002); and William B. Oglesby and Sharon K. Oglesby (Parcel Number 0720481002)  in North Liberty, Iowa, to those Set Forth in the North Liberty Municipal Code for the ID Interim Development District contingent upon the finalization of the annexation. The vote was: ayes – Kuhl, Bahl, Wozniak, Moody, Salm; nays – none. Motion carried.  Ordinance adopted.

Highway 965 Speed Limit.  Bahl moved, Moody seconded to approve the third consideration and adoption of Ordinance Number 06-29, An  Ordinance amending Chapter 10.20, entitled “Speed Limits” of the North Liberty Municipal Code by deleting Section 10.20.020,  “ Exceptions to Speed Limits, “ and to adopt in lieu thereof a new section 10.20.020 to establish the exceptions to speed limits, in North Liberty, Iowa.  The vote was: ayes – Wozniak, Salm, Moody, Kuhl, Bahl; nays – none. Motion carried.

Floodplain Ordinance.  Bahl moved, Moody seconded to approve the third consideration and adoption of Ordinance Number 06-30, An Ordinance amending Title 17, “Zoning,” of the North Liberty Municipal Code by amending Chapter 14, to establish Floodplain Management and Overlay Districts in the City of North Liberty, Iowa.  The vote was:  ayes – Moody, Kuhl, Bahl, Wozniak, Salm; nays – none.  Motion carried.

Limousine Ordinance.  Moody moved, Bahl seconded to approve the third consideration and adoption of Ordinance Number 06-31, An Ordinance Amending Title 17, entitled “Zoning,” of the North Liberty Municipal Code by amending Chapter 3, “Definitions,” by adding the Definition for “Limousine” and Chapter 9, “Commercial District C-Zones,”  adding Limousine to permitted uses in Table 9-C for the C-2-A Highway Commercial District and to Conditional Uses in Table 9-D for the C-2-B Highway Commercial District and Chapter 12, “Industrial District I-Zones,” adding Limousine to permitted uses in Table 12-A for the I-1 Industrial District , and Table 12-B for the I-2 Industrial District.  The vote was:  ayes – Moody, Kuhl, Bahl, Wozniak, Salm; nays – none.  Motion carried.

Water and Waste Water Rates Ordinances.  Salm moved, Wozniak seconded to approve the second consideration of Ordinance Number 06-33, 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.  After discussion, the vote was: ayes – Bahl, Wozniak, Salm, Moody, Kuhl; nays – none. Motion carried.

Moody moved, Salm seconded to approve the second consideration of Ordinance Number 06-34, An Ordinance amending Chapter 13.16, entitled “Sewer Rates and Charges,” of the Municipal Code of North Liberty by repealing Section 13.16.020, “Service Charge Schedule,” therein to increase the Rates and Charges for Sewer Service.  After discussion, the vote was: ayes – Wozniak, Salm, Kuhl, Bahl, Moody; nays – none. Motion carried.

Waste Water Treatment Plant Funding.  Moody moved, Salm seconded to approve Resolution Number 06-245, Resolution relating to financing of a proposed project to be undertaken by the City of North Liberty, Iowa; establishing compliance with reimbursement bond regulations under the Internal Revenue Code.  The vote was: ayes – Moody, Wozniak, Salm, Bahl, Kuhl; nays – none. Motion carried.

Con Agra TIF Rebate Annual Appropriation.  Salm moved, Moody seconded to approve Resolution Number 06-246, A Resolution Obligating funds from the Urban Renewal Tax Revenue Fund for appropriation to the payment of annual appropriation tax increment financed obligations which shall come due in the next succeeding fiscal year.  The vote was:  ayes – Salm, Bahl, Moody, Kuhl, Wozniak; nays – none. Motion carried.

The Villas at Liberty Executive Park – Preliminary Plat.  Duane Musser, MMS Consultants, and Matthew Adam, attorney for the developer presented the 10 lot preliminary plat.  Discussion was held regarding the concept and overall design.

The Planning and Zoning Commission recommended approval contingent upon the name being corrected on the plat and the development proceeding with the original concept and design. Staff offered that concerns can be handled at the site plan review stage.

Moody moved to table Resolution Number 06-247, A Resolution approving the Preliminary Plat for The Villas at Liberty Executive Park until the developer’s agreement and restrictive covenants are in place, Bahl seconded.  After discussion, the vote was: ayes – Salm, Moody, Kuhl, Bahl; nays – Wozniak. Motion carried.

Wagner/Fox Run Part 13 Subdivision.  Moody moved, Bahl seconded to table the third consideration and adoption of Ordinance Number 06-29, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property owned by Marcella Lavonne Riddle Raim c/o George and Pam Wagner, Located Between Highway 965 and Fox Run Subdivision in North Liberty, Iowa, to Those Set Forth in the North Liberty Municipal Code for the RS-4 Residential District.  City Administrator James reported that the County Planning and Zoning Commission has requested the City table this action until the County’s concerns are worked out. After discussion, the vote was: ayes – Bahl, Kuhl, Moody; nays – Salm, Wozniak. Motion carried.

Cedar Springs, Part 2 Infrastructure Improvements.  Moody moved, Bahl seconded to approve Resolution Number 06-249, A Resolution Accepting Improvements in Cedar Springs, Part 2, North Liberty, Iowa.  After discussion, the vote was: ayes – Salm, Moody, Bahl, Wozniak, Kuhl; nays – none. Motion carried.

Council Comments.
Councilor Kuhl reported on the Muddy Creek clean-up meeting, the ECICOG Legislative meeting, and the report of the light rail committee.

Councilor Salm reported that the next Highway 965 Task Force meeting is scheduled for 12/21 at 4:30 p.m.

Councilor Moody reported on the school board meeting regarding the SILO tax and the Emergency Management meeting.

Councilor Wozniak reported that the next JCCOG meeting is scheduled for 12/13/06 at 6 p.m. in Coralville Council chambers and that the next Parks Study meeting is on 12/20 with a public presentation.

Mayor Comments.  Mayor Franker noted that he was disappointed in the Johnson County Supervisors letter to the City Development Board. He noted correspondence from the Cemetery Board.  Next Tuesday, December 19 is the second December Council meeting.

Adjournment.  Moody moved, Bahl seconded to adjourn at 9:47 p.m. All ayes. Motion carried.

Meeting adjourned.