City Council Minutes February 26, 2008

North Liberty City Council
February 26, 2008
Regular Session

At 7:00 p.m., Mayor Tom Salm called the meeting to order.

Council members present: Chipman, Donahue, Hoffman, Kuhl, Wozniak.

Others present: Ryan Heiar, City Administrator; Tracey Mulcahey, Assistant City Administrator; Kevin Trom, City Engineer; Erek Sittig, City Attorney; Dean Wheatley, City Planner; Rachel Gallegos; Adam Bohr; Keith Steurer; Jason Harder; Harold Cameron; Lori Lindner; Bill Mausser; Duane Musser, Karla Davis; Jerry Burns and other interested citizens.

Kuhl moved, Chipman seconded to approve the agenda. The vote was: ayes – Donahue, Kuhl, Chipman, Wozniak, Hoffman; nays – none. Motion carried.

Kuhl moved, Wozniak seconded to approve the consent agenda with the Library Report, Planning and Zoning Commission minutes, City Council Minutes – Regular Meeting February 12, 2008 and Special Meeting February 19, 2008, Facility Holiday Hours Policy – Recreation Center, Penn Way Liquor License Renewal, Club 76 Liquor Class C License for event at Southslope on March 8, 2008, the attached list of bills, and January revenues. After discussion the vote was: ayes – Hoffman, Wozniak, Kuhl, Chipman, Donahue; nays — none; Motion carried.
No public comment was received.

City Attorney Erek Sittig had nothing to report.

City Engineer Kevin Trom reported on the following City projects:
• Penn/I-380. At the next council meeting, Shive-Hattery will be making a presentation to Council regarding the project. Council will be setting the date for the public hearing and bid letting at that time as well. Comments were received back from Ames with no big surprises. Stop lights at Kansas have been modified to lengthen time on Penn passing.

• The construction progress meeting for the Wastewater Treatment Plant was held two weeks ago. The substantial completion date is set for July 1, 2008 with the final completion November 30.

• Trom updated the Council regarding the ASR Well project. The project will be split into two bid packages, a deep Jordan well and a small controls building. Once access is agreed to for the project, it will be ready to be bid.

Mayor Salm asked about the development of treated water. Trom explained that after the well is drilled and all is connected for a period of time the well will be operated by City staff with Fox Engineering and IDNR’s assistance.
City Administrator Ryan Heiar reported on the Chamber of Commerce trip to Washington DC. The group made a presentation to staff regarding the I-380 bridge and Highway 965 at Golfview/Fairview projects. Forms are coming from staffers for appropriation requests.

Heiar reported on the Iowa League of Cities Day. He attended with Councilors Chipman and Donahue. The group heard from legislators on topics including TIF, Road Use Tax, bridge study by state, and smoking in public places ban.

The code recodification process has begun. Iowa Codification will be beginning a twelve month process. The code and zoning code will be combined into one document and made available electronically.

Staff will be working on the Snow Emergency Ordinance, the board appointment ordinance, and travel policy.

Heiar reminded Council that on Thursday March 6 from 4:00 – 8:00 p.m. Council will be holding their goal setting session.

Heiar is working through each of the City departments. On February 27, he will be at NLTV.

Mayor Salm clarified the I380 and Penn St. projects. The phase that will be bid this year includes the ramp improvements and signalization. Staff is working to get federal funds to widen bridge to five lanes with bike/pedestrian accommodation.

Mayor Salm talked about the very trying winter. Last year the city used 325 tons of sand/salt mix, this year the City has used 1,580 tons of sand/salt mix. Last winter, the city used 500 gallons of liquid calcium chloride and 1,500 gallons this winter. Snow accumulation for last winter was 15.6 inches and 10.2 inches of rain/ice. So far this winter, the city has received 58 inches of snow and 7.7 inches of rain/ice. The city’s cost of snow removal last fiscal year was $5,500 versus $12,300 this current fiscal year. Mayor Salm updated Council and the public that the city purchased a new snow plow last June. It was delivered and put into service in January. Six street employees each operate a piece of equipment to clear the sixty-one miles of streets in the city. To clear a street, four passes are required resulting in 250 miles of plowing each time all streets are cleared.

FY 09 Budget. Council discussed the proposed Fiscal Year 2009 Budget. Donahue moved, Kuhl seconded to set the public hearing for Fiscal Year 2009 Budget for March 11, 2008 at 7:00 p.m. in Council Chambers. After discussion, the vote was: ayes – Kuhl, Chipman, Wozniak, Donahue, Hoffman; nays – none. Motion carried.

Post Construction Stormwater Runoff Control Ordinance. City Engineer Trom presented the Council with a summary of the proposed ordinance. City worked with Iowa City, Coralville, University Heights, and the University of Iowa. Discussion was held with Council regarding the ordinance.

The public hearing was opened at 7:38 p.m. No oral or written comments were received. The hearing was closed.

Chipman moved, Wozniak seconded to approve the first consideration of Ordinance Number 08-11, An Ordinance Amending Chapter 13 of the North Liberty Municipal Code adding Section 13.23, “Post-Construction Stormwater Runoff Control Ordinance.” The vote was ayes – Chipman, Wozniak, Hoffman, Kuhl; nays – Donahue. Motion carried.

Ordinance Amendment – Regarding Design Standards for Development. City Planner Wheatley presented information regarding the ordinance amendment.

Kuhl moved, Chipman seconded to reconsider the third consideration of Ordinance Number 08-03, An Ordinance Amending Title 17, Zoning Code, of the North Liberty Municipal Code Regarding Design Standards for Development. The vote was: ayes – Wozniak, Donahue, Hoffman, Kuhl, Chipman; nays — none. Motion carried.

Kuhl moved, Hoffman seconded to approve the third consideration of Ordinance Number 08-03, An Ordinance Amending Title 17, Zoning Code, of the North Liberty Municipal Code Regarding Design Standards for Development. The vote was: ayes – Hoffman, Chipman, Donahue, Kuhl, Wozniak; nays — none. Motion carried.

Collins Community Credit Union Site Plan Request. Michael Cloos presented Collins Community Credit Union’s request for a commercial site plan for 1655 Jordan Street, Lots 26 and 27, Corridor Commercial Subdivision, Part 2B. Jason Drewelow from Primus Construction thanked staff and Council for process. Jerry Burns the Vice-President of branches from Collins Community Credit Union stated that they are looking forward to becoming a part of North Liberty. Cloos presented the changes from the original submission of the site plan.

Mausser reported that the Planning and Zoning Commission recommended approval to the City Council with submission of assessment waiver or one time cash reimbursement for sidewalk installation along Highway 965.

Staff had no further recommendations.

Council discussed the site plan request.

Kuhl moved, Hoffman seconded to approve Resolution Number 08-09, A Resolution Approving the Commercial Development Site Plan for Lots 26 and 27, Corridor Commercial Subdivision, Part 2B with a sidewalk waiver or one time cash reimbursement for sidewalk installation along Highway 965. After discussion, the vote was: ayes – Chipman, Donahue, Kuhl, Wozniak, Hoffman; nays — none. Motion carried.

Harold Cameron Rezoning Request. Jason Harder presented Harold Cameron’s request to rezone property from ID (Interim Development) to RS-6 (Single Family Residential) and RM-12 (Multi-family Residential) located east of lots that front on West Lake Road and Lily Pond Roads.

Council discussed the application.

The public hearing regarding rezoning request was opened at 7:52 p.m. Salm requested comments be limited to 3 minutes. Keith Steurer, 532 Sicily Court, representing his association indicated that they are that the density be reduced from RM-12 to more single family/condo development. Steurer requested the RM-12 be amended to RM-8 as recommended by staff in report.

Chuck Tonelli, 512 Sicily Court, represented the homeowner’s association speaking for 22 owners in their association. They are surrounded on three sides by twelve-plexes. He inquired why zone to the same density when it is not selling? He encouraged council to look at what is good for neighborhood and good for the community.

The public hearing was closed.
Mausser presented the Planning and Zoning Commission’s recommended approval of the request for rezoning with the designations being RS‐6 and RM‐12 with only two stories of structures above ground in the RM‐12 district.

Wheatley pointed to the staff report that was included in the Council packet. Staff recommended the multi-family zoning be designated as RM-8.

Council discussed the proposed rezoning request.

Kuhl moved, Donahue seconded to table this agenda item and refer back to staff and the Planning and Zoning Commission. The vote was: ayes – Donahue, Kuhl, Wozniak, Hoffman, Chipman; nays – none. Motion carried.

Lucky Pawz, LLC Rezoning Request. Jim Kelly made the presentation of Lucky Pawz, LLC’s request to rezone property from C-2-A Highway Commercial to I-1 Light Industrial located at Lot 5, Liberty Medical and Commerce Subdivision.

The Public Hearing regarding the rezoning request was opened at 8:15 p.m. Harold Cameron owner of property directly to the West stated that he has completed a concept plan and feels it is ill advised to consider having light industrial adjacent to C-2-A Highway Commercial. He recommended that the development should be out front where it is more visible and accessible.

Mausser reported that the Planning and Zoning Commission recommended denial of this application.

Wheatley clarified that we are discussing rezoning not the particular use.

Council discussed the request.

Hoffman moved, Chipman seconded to approve the first Consideration of Ordinance 08-13, An Ordinance Amending the Zoning Ordinance to change the Use Regulations on Property Owned by Quality Care, located in North Liberty, Iowa, to those set forth in the North Liberty Municipal Code for the I-1 Light Industrial District. After discussion, the vote was: ayes — Hoffman; nays – Kuhl, Donahue, Chipman, Wozniak. First consideration failed.

Joe Robson Amended Site Plan Request. Duane Musser presented Joe Robson’s request to amend the site plan for Lots 1 and 2 of West Lake Addition, Part Ten, Auditor’s Parcel 2007138, located east of Kansas Avenue and north of Zeller Street.

Mausser presented that the Planning and Zoning Commission recommends approval subject to submittal of building elevations for staff approval.

Staff noted that the building elevations submitted will now show a color palette for the development.

Wozniak moved, Donahue seconded to approve Resolution Number 08-10, A Resolution Approving the Amended Site Plan Request for Lots 1 and 2 of West Lake Addition, Part Ten, Auditor’s Parcel 2007138 with the submitted building elevations. After discussion, the vote was: ayes – Hoffman, Wozniak, Kuhl, Donahue, Chipman; nays — none. Motion carried.
Outdoor Eating Establishments Ordinance Amendment. City Planner Wheatley presented the ordinance amendment regarding the authorization of outdoor eating establishments. Wheatley pointed out an error in the ordinance.

Donahue moved, Kuhl seconded to table the first consideration of Ordinance Number 08-14, An Ordinance amending Chapter 5 of the North Liberty Municipal Code Regarding Outdoor Eating Establishments for amendments. After discussion, the vote was: ayes – Hoffman, Donahue, Kuhl, Chipman, Wozniak; nays — none. Motion carried.

Projecting Signs Ordinance Amendment. City Planner Wheatley presented the ordinance amendment regarding the authorization of projecting signs.

At 8:44 p.m. the public hearing regarding the ordinance amendment was opened. No oral or written comments were received.

The Planning and Zoning Commission recommended approval of the ordinance amendment.

Kuhl moved, Chipman seconded to approve the first consideration of Ordinance Number 08-15, An Ordinance amending title 17, Zoning Code, of the North Liberty Municipal Code Regarding Projecting Signs. After discussion, the vote was: ayes – Donahue, Chipman, Hoffman, Wozniak, Kuhl; nays – none. Motion carried.

Annexation and Accompanying Rezoning. Wozniak moved, Hoffman seconded to approve the second consideration of Ordinance Number 08-04, An Ordinance Amending the Zoning Ordinance to change the Use Regulations on Property Owned by Kay Nelson and the Estate of Ronald G. Nelson, 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 – Kuhl, Chipman, Wozniak, Hoffman; nays — Donahue. Motion carried.
Kuhl moved Donahue seconded to approve the second consideration of Ordinance Number 08-05, An Ordinance Amending the Zoning Ordinance to change the Use Regulations on Property Owned by Marcella LaVonne Riddle Raim and Delores Riddle Wagner, Located in North Liberty, Iowa, to those set forth in the North Liberty Municipal Code for the ID (Interim Development) District. After discussion, the vote was: ayes – Hoffman, Donahue, Kuhl, Chipman, Wozniak; nays — none. Motion carried.

Donahue moved, Wozniak seconded to approve the second consideration of Ordinance Number 08-06, An Ordinance Amending the Zoning Ordinance to change the Use Regulations on Property Owned by the Cedar Rapids and Iowa City Railroad Company (CRANDIC) Located in North Liberty, Iowa, to those set forth in the North Liberty Municipal Code for the ID (Interim Development) District. After discussion, the vote was: ayes – Kuhl, Chipman, Wozniak, Hoffman, Donahue; nays – none. Motion carried.

Chipman moved, Wozniak seconded to approve the second consideration of Ordinance Number 08-07, An Ordinance Amending the Zoning Ordinance to change the Use Regulations on Property Owned by Pleasant Valley LP, Located in North Liberty, Iowa, to those set forth in the North Liberty Municipal Code for the ID (Interim Development) District. After discussion, the vote was: ayes – Chipman, Wozniak, Hoffman, Donahue, Kuhl; nays — none. Motion carried.

Ordinance Amendment – Temporary Storage Units. Kuhl moved, Hoffman seconded to approve the third consideration and adoption of Ordinance Number 08-08, An Ordinance Amending Title 17, Zoning Code, of the North Liberty Municipal Code Regarding Temporary, Portable storage Units. The vote was: ayes – Hoffman, Chipman, Donahue, Kuhl, Wozniak; nays — none. Motion carried.

Ordinance Amendment – Preliminary Plat Approval and Expiration. Donahue moved, Kuhl seconded to approve the third consideration and adoption of Ordinance Number 08-09, An Ordinance Amending Title 16, Subdivision Code, of the North Liberty Municipal Code Regarding Preliminary Plat Approval and Expiration. The vote was: ayes – Wozniak, Hoffman, Chipman, Donahue, Kuhl; nays — none. Motion carried.

Ordinance Amendment – Parking on West Cherry Street. Kuhl moved, Wozniak seconded to approve the third consideration and adoption of Ordinance Number 08-10, An Ordinance Limiting Parking on West Cherry Street. The vote was: ayes – Kuhl, Wozniak, Hoffman, Chipman, Donahue; nays — none. Motion carried.

Old Business. Hoffman asked for clarification regarding Facility Planning document. Heiar reported that city hall staff will be meeting this week to discuss proposed plan. Staff will be getting direction from Council. Hoffman would like Council to consider going in the direction of the document. He wants consensus among council regarding order of the items.

New Business. Mulcahey presented information regarding RAGBRAI.

Chipman inquired about receiving a housing inventory of what is for sale.

At 9:00 p.m. Donahue moved to adjourn and Kuhl seconded. All ayes. Meeting adjourned.