City Council Minutes February 24, 2009

North Liberty City Council
February 24, 2009
Regular Session

Mayor Salm called the regular session of the North Liberty City Council to order at 7:00 p.m.
Council members present: Chipman, Donahue, Kuhl, Wozniak; absent – Hoffman.

Others present: City Administrator Ryan Heiar, City Attorney Scott Peterson, City Engineer Kevin Trom, City Planner Dean Wheatley, City Clerk Tracey Mulcahey, Corinne Lemmage, Lori Lindner, Adam Bohr, Glen Siders, Missy Evans, Bill Mausser, Cheryle Caplinger, Karla Davis, and other interested citizens.

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

Consent Agenda. Wozniak moved, Kuhl seconded to approve the Consent Agenda including the City Council Minutes of the Regular Meeting on February 10, 2009, the attached list of Claims, January Revenues, Fareway Liquor License Renewal – Class C Beer and Carryout Wine, Penn Way Park Liquor License Renewal – Class C Liquor, Outdoor Sales, and Sunday Sales, and the Wastewater Treatment Plant Project — Staab Construction Pay Request #23 for $22,500. After discussion, the vote was: ayes – Donahue, Wozniak, Chipman, Kuhl; nays – none; absent – Hoffman. Motion carried.

Public Comment. No public comments were offered.

City Attorney Report. City Attorney Peterson presented information regarding concerns relating to the Highway 965 design contract. Peterson is drafting a letter regarding the matter. He asked council for some direction. Council requested continued public discussion with review of the letter as soon as possible. The matter will be placed on an upcoming agenda for Council discussion.

City Engineer Report. City Engineer Trom reported on the ASR Well project. The contractor has drilled down to the upper formation of the Jordan aquifer. The contractor will begin air drilling soon. A mid-March completion date is still projected. Shive-Hattery is preparing Bid Pack #2 with design review sets to staff next Monday. Heiar & Trom will be speaking to Neighborhood Association to provide an update on March 16.

City Administrator Report. City Administrator Heiar stated that the neighborhood around the ASR Well project has been really good to work with. Heiar provided information regarding the question of term dates for Board members from the February 10 meeting. He traveled with the Iowa City Chamber group to Des Moines for Legislative Day. He introduced Nancy Richardson, the IDOT Director. The group discussed projects and issues including light rail and property tax reform. On Monday, March 2, he will 1
be meeting with UI Political Science majors to talk about local government. Heiar will be out of the office for the remainder of the week.

Mayor Report. Mayor Salm reported that the Johnson County Board of Supervisors will be meeting regarding time frame on local option sales tax. On Thursday, February 26, the supervisors will be determining the sunset.
Board of Appeals Appointments. Staff is recommending the appointments of the following to the Board of Appeals: Doug Lee (Term ending June 30, 2010), Rob Hajek (Term ending June 30, 2011), Tom Kazmierczek (Term ending June 30, 2011), and Dean Colony (Term ending June 30, 2012). Donahue moved, Wozniak seconded to approve the appointments. After discussion, the vote was: ayes – Wozniak, Kuhl, Chipman, Donahue; nays – none; absent – Hoffman. Motion carried.

KinderWorld Agreement. At 7:15 p.m., the Mayor opened the Public Hearing regarding the KinderWorld TIF agreement. No oral or written comments were received. Councilor Kuhl asked several questions of the applicant. The public hearing was closed.
Wozniak moved, Kuhl seconded to approve Resolution Number 09-11, A Resolution Approving the Agreement between the City of North Liberty and Melissa Evans that sets forth the terms and conditions under which a Tax Increment Financing Forgivable Loan will be awarded for KinderWorld Learning and Childcare Center. A letter from Councilor Hoffman was read into the record. After discussion, the vote was: ayes –Wozniak; nays – Donahue, Chipman, Kuhl; absent – Hoffman. Motion failed.
Donahue asked council to consider returning rent funds for January and February and waiving rent for March. This item will be placed on the next agenda for consideration.

Speed Limits on Highway 965. Chipman moved, Donahue seconded to approve the Second consideration of Ordinance Number 09-01, An Ordinance Amending Chapter 10.20, Entitled “SPEED LIMITS,” of the North Liberty Municipal Code by amending Section 10.20.020 “EXCEPTIONS TO SPEED LIMITS,” to establish the speed limit on Highway 965 from the North City Limit to Dubuque Street. After discussion, the vote was: ayes – Chipman, Wozniak, Kuhl, Donahue; nays – none; absent – Hoffman. Motion carried.
Autumn Ridge Rezoning. Kuhl moved, Donahue seconded to approve the Second consideration of Ordinance Number 09-02, An Ordinance Amending the Zoning Ordinance to change the use regulations on property owned by Autumn Ridge LC, located in North Liberty, Iowa, to those set forth in the North Liberty Municipal Code for the P – Public, RS-6 Single Family Residential, and RD-10 Duplex Residential Districts. After discussion, the vote was: ayes – Wozniak, Donahue, Chipman, Kuhl; nays – none; absent – Hoffman.
Donahue moved, Wozniak seconded to approve suspending the requirement for three separate readings on three separate dates. After discussion, the vote was: ayes – Donahue, Kuhl, Chipman, Wozniak; nays – none; absent – Hoffman. Motion carried.
Wozniak moved, Donahue seconded to approve the third consideration of Ordinance Number 09-02, An Ordinance Amending the Zoning Ordinance to change the use regulations on property owned by Autumn Ridge LC, located in North Liberty, Iowa, to those set forth in the North Liberty Municipal Code for the P – Public, RS-6 Single Family Residential, and RD-10 Duplex Residential Districts. After discussion, the vote was: ayes – Kuhl, Wozniak, Donahue, Chipman; nays – none; absent – Hoffman. Ordinance adopted.

Autumn Ridge Preliminary Plat Agreement. Siders presented information regarding the Autumn Ridge Preliminary Plat Agreement. Siders thanked the Alberhasky Family, the Iowa City School District, and City staff for all the work on the project.
Chipman moved, Kuhl seconded to approve Resolution Number 09-12, A Resolution Approving the agreement between the City of North Liberty and Autumn Ridge Partners, LC that sets forth the Terms and Conditions under which Autumn Ridge Subdivision will be Preliminarily Platted in the City of North Liberty, Iowa. The vote was: ayes – Wozniak, Chipman, Kuhl, Donahue; nays – none; absent – Hoffman. Motion carried.

Disposal of City Property. At 7:35 p.m., Mayor Salm opened the public hearing regarding the transfer of city owned property. No oral or written comments were received. The public hearing was closed.
Kuhl moved, Wozniak seconded to approve Resolution Number 09-13, A Resolution Approving the Disposal of Property owned by the City of North Liberty and authorizing the Mayor to sign and the City Clerk to attest to a Quit Claim Deed for the Conveyance of the property. After discussion, the vote was: ayes – Chipman, Donahue, Wozniak, Kuhl; nays – none; absent – Hoffman. Motion carried.

Iowa City Community School District Site Plan Agreement. Kuhl moved, Wozniak seconded to approve Resolution Number 09-14, A Resolution approving the Agreement between the City of North Liberty and the Iowa City Community School District that sets forth the Terms and Conditions under which Buford Garner Elementary School Site Plan will be developed in the City of North Liberty, Iowa. After discussion, the vote was: ayes – Donahue, Wozniak, Kuhl, Chipman; nays – none; absent – Hoffman. Motion carried.
Fox Valley Rezoning Application. Jason Dumont of Shelby Builders made the applicant’s presentation of the Fox Valley Rezoning application from RM-8 to RD-10 and RS-6.
At 7:40 p.m., the Mayor opened the Public Hearing regarding the rezoning request of Fox Valley, Inc. No oral or written comments were received. The public hearing was closed.
Mausser reported that the Planning and Zoning Commission recommends approval with the following:
1. That development along the north boundary of the property (in the proposed RS-6 district) shall be limited to one dwelling unit per building and buildings shall be separated by side yards averaging a combined twenty (20) feet.
2. That each dwelling unit shall have access to a garage containing at least 2 side-by-side stalls.
3. That no final plat that contains more than 8 single family lots or more duplex lots than will accommodate 52 housing units shall be approved for this property.
4. That sight distance requirements for the southern entrance onto Jones Boulevard have not been addressed despite repeated mention through previous rezoning, preliminary platting, and construction plan review, and a plat for this development will not be accepted until that issue is resolved.
Staff Recommendation. Wheatley reported that a 20 foot side yard larger than RS-6 Code requirement. Staff requests to delete the provision completely and rely on what ordinance says.
Wozniak moved, Donahue seconded to approve the First consideration of Ordinance 09-03, An Ordinance Amending the Zoning Ordinance to change the use regulations on property owned by Fox Valley, Inc. to those set forth in the North Liberty Municipal Code for the RS-6 Single Family Residential and RD-10 Duplex Residential Districts with the following conditions:
1. That each dwelling unit shall have access to a garage containing at least 2 side-by-side stalls.
2. That no final plat that contains more than 8 single family lots or more duplex lots than will accommodate 52 housing units shall be approved for this property.
Donahue requested that the rezoning be presented to the Planning and Zoning Commission as a matter of courtesy. After discussion, the vote was: ayes –Chipman, Kuhl, Donahue, Wozniak; nays—none; absent – Hoffman. Motion carried.

Arlington Ridge Subdivision Preliminary Plat. Chipman moved, Wozniak seconded to approve Resolution Number 09-15, A Resolution Approving Extension for the Preliminary Plat of Arlington Ridge Subdivision, North Liberty, Iowa from August 8, 2008 to February 9, 2010. After discussion, the vote was: ayes –Kuhl, Wozniak, Donahue, Chipman; nays – none; absent – Hoffman. Motion carried.

Local Option Sales Tax. Heiar reported that 100% of Coralville & Iowa City’s proceeds will go to flood recovery.
Kuhl moved, Wozniak seconded to approve Resolution Number 09-16, A Resolution Adopting the Ballot Language for North Liberty’s 2009 Local Option Sales Tax Election subject to Iowa City’s City Council approval of placing the sales tax on the ballot. After discussion, the vote was: ayes – Chipman, Kuhl, Wozniak; nays – Donahue; absent – Hoffman. Motion carried.

FY 10 Budget. At 7:55 p.m., Mayor Salm opened the Public Hearing regarding proposed Budget for the fiscal year starting July 1, 2009 and ending June 30, 2010. No oral or written comments were received. Council discussed issues and concerns regarding the budget. The public hearing was closed. Adoption of the budget will be on the March 10, 2009 Council meeting agenda for consideration.

New Business. Councilor Kuhl met with the Affordable Housing Task Force. The Task Force formulated a set of four recommendations that will be coming to JCCOG for approval.
Councilor Wozniak reported that the JCCOG Urban Policy Board will be meeting regarding stimulus package. A tentative project list has been made. At the moment, the North Liberty Cherry Street signalization project is on the list.
Mayor Salm reported that the Joint Emergency Communications Center hired Mike Sullivan as director for the facility.
Adjourn. At 8:06 p.m., Kuhl moved, Chipman seconded to adjourn. All ayes. Meeting adjourned.