City Council Minutes March 10, 2009

North Liberty City Council
March 10, 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, Hoffman, Kuhl, Wozniak.

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, Bill Mausser, Cheryle Caplinger, Karla Davis, Brian Crawford, Steve Kohli and other interested citizens.
Approval of the Agenda. Chipman moved, Kuhl seconded to approve the agenda. After discussion, the vote was: ayes – Hoffman, Wozniak, Chipman, Kuhl, Donahue; nays – none. Motion carried.

Consent Agenda. Donahue moved, Hoffman seconded to approve the consent agenda including the following: City Council Minutes. Regular Meeting. February 24, 2009, the attached list of Claims, Quail Creek Golf Course Beer Permit Renewal – Class B (Beer and Wine Coolers), Sunday Sales, Outdoor Service, Living Quarters, Gerdin Conference Center Project – Change Order #3 – $1,127.00, Gerdin Conference Center Project – Change Order #4 – $160.00, Penn Street/I 380 Project – Metro Pavers – Pay Request #5 – $46,460.50. and ASR Well Project – Layne Western – Pay Request #5 – $289,817.70. The vote was: ayes – Donahue, Kuhl, Chipman, Wozniak, Hoffman; nays – none. Motion carried.

Public Comment. No public comment was received.

City Attorney Report. City Attorney Peterson had nothing to report other than relating to agenda items.

City Engineer Report. City Engineer Trom reported on the following projects:
• ASR Well Bid Package #2. The 90% complete submittal has been presented to staff. The timeline for letting the project has been presented beginning with the public hearing on April 14.
• Gerdin Conference Center. The punch list is complete.
• Stimulus Funding. Another round of stimulus money for green projects has been announced by IDNR. City staff will be proposing projects.
Traffic Project Stimulus Funding. Trom has met with IDOT and McClure regarding the Highway 965 project.

City Administrator Report. City Administrator Heiar reported on the following items:
• Stimulus funds to Reestablish COPS program. The COPS program ended a few years ago. The program will provide 100% of funding for three years for police officer position.
• Library Expansion Project. Heiar would like to facilitate a work session with Library Board, fundraiser, and council for some direction regarding the proposed project.
• The Building Department is holding meeting with builders and officials regarding new requirements tomorrow morning.
• Forevergreen Road Project. Heiar sought direction from Council regarding assessments for the project.
• Facilities Tours. In the upcoming months, City facilities will be toured by state wide associations. The facilities include Liberty Centre and the Recreation Center by the IPRA and the waste water plant by the state wastewater association.

Mayor Report. Mayor Salm had nothing to report.

Library Board Appointments. Donahue moved, Hoffman seconded to approve the appointments of Cindy Diouf (Term ending 6/20/11) and John Henk (Term ending 6/30/09) to the Library Board. The vote was: ayes – Wozniak, Kuhl, Donahue, Hoffman, Chipman; nays- none. Motion carried.

KinderWorld Agreement. Chipman moved, Wozniak seconded to approve Resolution Number 09-11, A Resolution Approving the Amendment of Rental Agreement with Melissa Evans relating to the KinderWorld project. After discussion, the vote was: ayes – Kuhl, Hoffman, Chipman, Donahue, Wozniak; nays – none. Motion carried.
RL Rental Subdivision Final Plat. Wheatley presented the request of Robert L. Schulty and Robin L. Schulty for RL Rental Subdivision Final Plat.
The Planning and Zoning Commission recommends approval with no conditions.
Staff recommends approval with no conditions.
Donahue moved, Kuhl seconded to approve Resolution Number 09-17, A Resolution Approving the Developer’s Agreement between the City of North Liberty and Robert L. Schulty and Robin L. Schulty that establishes the terms and conditions under which RL Rental Subdivision will be developed in the City of North Liberty, Iowa. The vote was: ayes – Donahue, Chipman, Hoffman, Wozniak, Kuhl; nays – none. Motion carried.
Hoffman moved, Chipman seconded to approve Resolution Number 09-18, A Resolution approving the final plat for RL Rental Subdivision, North Liberty, Iowa. The vote was: ayes—Chipman, Donahue, Kuhl, Wozniak, Hoffman; nays – none. Motion carried.

Inter-City Industrial Park, Part 3A. Brian Crawford, McClure Engineering, made the applicant’s presentation of the preliminary plat for Inter-City Industrial Park, Part 3A. Storm water detention facility on site will correct issues with water on Penn St.
The Planning and Zoning Commission recommends approval with the following conditions:
1. That a Developer’s Agreement including at least the following provisions be developed for the subdivision:
a. Provisions for shared access maintenance and control.
b. Acknowledgement that storm water management will need to be met by the lot owners, and outline of how and where that management is intended to occur.
c. Acknowledgement that a revised site plan will be required for any additional development on either lot prior to issuance of building permits for any new structures.
Staff recommends approval of the preliminary plat with the same conditions as Planning and Zoning..
Donahue moved, Wozniak seconded to approve Resolution Number 09-19, A Resolution approving the Preliminary Plat for Inter-City Industrial Park, Part 3A with the conditions contained in the resolution. The vote was: ayes – Kuhl, Wozniak, Hoffman, Donahue, Chipman; nays – none. Motion carried.

Parkview Church Driveway Access Request. Steve Kohli presented the request of Parkview Church Driveway’s Access Request. Staff recommends approval of the request subject to design specifics to be determined through site plan review and approval. Council discussed the application with Church representatives.
Hoffman moved, Wozniak seconded to approve Resolution Number 09-22, A Resolution Approving Parkview Church Driveway Access Request onto Forevergreen Road. After discussion, the vote was: ayes – Hoffman, Chipman, Wozniak, Kuhl; nays – none; abstain — Donahue. Motion carried.

Speed Limits on Highway 965. Donahue moved, Chipman seconded to approve the third consideration and adoption 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. The vote was: ayes – Wozniak, Donahue, Kuhl, Chipman, Hoffman; nays – none. Motion carried.

Fox Valley Rezoning Application. Donahue moved, Hoffman seconded to approve the second 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. The vote was: ayes – Donahue, Chipman, Hoffman, Kuhl, Wozniak; nays – none. Motion carried.

FY 10 Budget. Kuhl moved, Wozniak seconded to approve Resolution Number 09-23, A Resolution Approving the Budget for the Fiscal Year starting July 1, 2009 and ending June 30, 2010. After discussion, the vote was: ayes – Chipman, Wozniak, Kuhl, Hoffman, Donahue; nays – none. Motion carried.
Assessment Resolution. Kuhl moved, Donahue seconded to approve Resolution Number 09-24, A Resolution Authorizing the Assessment of Delinquent Amounts owed to the City of North Liberty, Iowa, to individual property taxes. The vote was: ayes – Wozniak, Hoffman, Donahue, Kuhl, Chipman; nays – none. Motion carried.
Proceedings for Entering Into Financing. Wozniak moved, Hoffman seconded to approve Resolution Number 09-25, A Resolution Setting a Public Hearing for March 24, 2009 to Enter into Financing Proceedings. After discussion, the vote was: ayes – Kuhl, Hoffman, Donahue, Chipman, Wozniak; nays – none. Motion carried.
Highway 965 Design Contract Letting. City Attorney Peterson is seeking direction from Council as to where to go from here. Peterson offered options to Council regarding the issue. Council asked for staff to work toward improved communication and clarity with issues that are relevant to the matter. The item will be placed on an upcoming agenda for further consideration.

Old Business. No new business was brought forth.

New Business. Councilor Kuhl reported on a letter from Penn Prairie on the Pond Condo Association regarding their pond. He would like to know what responsibility the City has and what residents can do 3 Last Saved: March 5, 2009 7:00 p.m.
for the predecessor owners. Staff will make recommendations on the pond and have it on Council agenda next meeting.
Wozniak announced that the City was awarded $285,000 in stimulus package funds for Cherry Street/Highway 965 signalization.

Adjourn. At 8:30 p.m., Donahue moved, Kuhl seconded to adjourn. All ayes. Meeting adjourned.