City Council Minutes April 27, 2010

Minutes
North Liberty City Council
April 27, 2010
Regular Session

Call to order. At 6:30 p.m., Mayor Salm called the Regular Session of the North Liberty City Council to order. Council members present:  Chipman, Donahue, Hoffman, Kuhl, Wayson.

Others present:  Ryan Heiar, Scott Peterson, Kevin Trom, Dean Wheatley, Tracey Mulcahey, Erika Harper, Joe Raso, Alan Marks, Bill Mausser and other interested persons.

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

Consent Agenda.  Kuhl moved, Hoffman seconded to approve the Consent Agenda including: City Council Minutes- Regular Meeting- April 13, 2010; City Council Minutes- Special Meeting- April 20, 2010; the attached list of Claims; Liquor License Application- Club 76 – Fun Days, Class B, Outdoor Service, Sunday Sales endorsements; Liquor License Renewal- LD Express, Class C Beer and Sunday Sales; Liquor License Renewal, Charlotte’s, Class C Liquor License with Carryout Wine, Carryout Wine, Catering Privilege, Outdoor Service, and Sunday Sales endorsements; Liquor License Application-  Al & Irene’s, Class B Beer and Wine Cooler License; ASR Well Project, WRH, Inc. Pay Application Number 6: $11,209.28; ASR Well Project, WRH, Inc. Pay Application Number 7: $65,210.26; and March Revenues. The vote was: ayes – Donahue, Wayson, Hoffman, Chipman, Kuhl; nays – none. Motion carried.

Public Comment.  Bev Seelman spoke regarding road construction projects.  She requested dust control on Kansas Avenue due to increased traffic.  She acknowledged that it is a county road, but it is not the county’s projects causing the increased dust issues.

City Attorney Report.  City Attorney Peterson had nothing significant to report at this time.

City Administrator Report. City Administrator Heiar reported on the following items:  
•    Spring clean up was Saturday morning. Heiar thanked Johnson County Refuse and city staff for all that they did for the event.
•    Regarding the Highway 965, Part 1 Project, three bids were received. Staff received the bid tabulation today.  The low bid was $2.54 million from Metro Pavers.  The engineer’s estimate was $3.46 million.  At the next meeting Council will consider the resolution awarding the bid and  contract to Metro Pavers. Since this is an IDOT project, so it takes a bit longer.
•    The preconstruction meeting for Forevergreen Road is scheduled for this The neighborhood meeting was held last week.  The project will be starting at the beginning of May. More details will be available after the preconstruction meeting.
•    The Cherry Street preconstruction meeting was held. The project will be starting this week.  The contractor will have 60 work days to complete the project.
•    Communication throughout projects is of great importance to staff. Heiar is working to ramp up communication with the public. The webpage dedicated to street projects is serving as the city’s homepage. Heiar will be blogging about the projects and status updates.
•    Mulcahey spoke regarding the Muddy Creek Clean Up day with North Central Jr. High.    
•    Regarding the fiber project that the school is doing, staff will be receiving an update in the next week or so.
•    Friends of the Library reception is scheduled for 7-8 Friday evening as a kick off to the fundraising campaign.

Councilor Kuhl asked about the possibility of having an additional city clean up day in the fall. City Administrator Heiar reported that overall, the amount being brought in has been reduced.  Heiar will consult with Don Colony and report back to Council.

Iowa City Area Development Group Presentation.  Joe Raso, Executive Director of the Iowa City Area Development Group, presented the organization’s annual report.

Mayor Report.  Mayor Salm will be attending the Rockwell Collins grant award ceremony on Friday.  

City Engineer Report.  City Engineer Trom reported on the Forevergreen Road project. The city has all l contract documents. The preconstruction meeting is set for Thursday. Press release will be issued when the road closure date is determined.

Councilor Kuhl asked how the closure of Forevergreen would impact Jones Blvd.  Trom reported that the  Jones Blvd. embargo will be lifted.  

Councilor Hoffman talked about the Kansas Avenue dust control request. He requested that Trom communicate with county to improve the grading on this road.  Heiar stated that Don Colony is in constant contact with the county roads dept.  Trom reported that the flyash contractor wants to do a test section in the county.  There is the potential for helping on that stretch of that road.

Harvest Estates, Part 2.  Wheatley made the staff Case presentation of Harvest Estates, Part 2 rezoning request.  

Bill Mausser presented the Zoning Commission Case presentation of Harvest Estates, Part 2 rezoning request. The Commission recommended approval with the following conditions
1.    That the final reading of the rezoning be held until the preliminary plat is ready for approval, so that final adjustments can be made to the zoning district legal descriptions based on the plat.
2.    That landscape plans are developed for the West Hauer Drive, Jones Boulevard, and St. Andrews Drive frontages for approval with the preliminary plat, so that drainage needs can be taken into consideration.
3.    That a 25% masonry requirement be enforced for the RS-7 zoned area to be consistent with the other subareas within the development.

Alan Marks and Doug Frederick offered the applicant’s presentation of Harvest Estates, Part 2 rezoning request.  Marks spoke regarding the process in arriving at this request.  
At 7:27 p.m., Mayor Salm opened the public hearing regarding rezoning request.  
•    Todd Tripp, 720 S. Jones Blvd. presented his concerns regarding the application. Before he moved here, there were similar types of meetings dealing with the rezoning of this property.  Agreement that this would be a certain type of zoning. Economic changes as cited by the developer are not cause for a request to amend on short notice a zoning condition.  Consider what was done five years ago.  
•    Kevin Watts who resides in the Chipman Subdivision expressed his concern  regarding landscaping and covenants to keep fences uniform and plantings to conceal outbuildings and boats that are stored on the properties.
•    Bernie Schiltz, 810 Jones Blvd., presented three issues – the incorporation of duplexes is not included in other parts of the city, requested the elimination of back yards facing Jones Blvd., and requested that the access coming off of Jones Blvd. be changed. He asked about the placement of the park.    
•    Rich Nichols, Chipman Subdivision, asked why the lots around their subdivision were not the same size as the lots on Jones Blvd and St. Andrews. reiterated fencing and landscaping requirements.
•    Cecilia Meyer, 845 St. Andrews Drive, spoke regarding the rezoning application. She supports bigger houses. The city is overwhelmed with duplexes.    
•    Bev Seelman, 2790 Kansas Avenue, spoke regarding the agreement from five years ago that they worked very hard on. She spoke regarding the impact on school.  She stated that this development will lower property values with multifamily development in the middle.  
•    Cindy Leveille, 855 St. Andrews Drive, asked what the percentage of single family vs. multifamily homes is in the City of North Liberty
•    Alan Marks, Midwest Development addressed the concerns of the speakers.  He reported that with the sale of park land to the City, the project has fewer lots. The developer has expended funds to create plat for council to see before the zoning is complete. Regarding the comments that this will devalue the neighborhood, he disagrees with that comment. His experience is that nice, high quality housing raises values in the neighborhood.

The public hearing was closed at 7:49 p.m.

Council and staff discussed the proposed rezoning request.

Donahue moved, Wayson seconded to approve the first consideration of Ordinance Number 10-04, An Ordinance amending the Zoning Ordinance to change the use regulations on property owned by Midwest Development Corporation, located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the RS-4, RS-6, RS-7 and RD-10 Residential Districts with amendments including reducing the amount of RD-10 lots and replacing the RS-7 and RD-10 with RS-6. After discussion, the vote was: ayes –Hoffman, Wayson, Chipman, Kuhl, Donahue; nays – none. Motion carried.

At 9:00 p.m., the City Council recessed.  At 9:10 p.m., the Council reconvened.

Liberty Medical and Commerce. Donahue moved, Wayson seconded to approve the second consideration of Ordinance Number 10-03, An Ordinance amending the Zoning Ordinance to change the use regulations on property owned by LMC Investment Group, LC, located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the RM-12 Multi-Family Residential District. After discussion, the vote was: ayes – Wayson, Chipman, Kuhl, Donahue, Hoffman; nays – none. Motion carried.

Corridor Commercial Part 2A, Lot 33 Commercial Development Site Plan.  Wheatley presented information regarding the Okoboji Grill Site Plan Application. The plan was recommended for approval by staff and considered at length by the Commission. Commission approved with note regarding constructing the roof to screen mechanicals.

Hoffman moved, Chipman seconded to approve Resolution Number 10-48, A Resolution Approving the Commercial Development Site Plan for Lot 33 and Part of Lot 38, Corridor Commercial Subdivision, North Liberty, Iowa. After discussion, the vote was: ayes – Chipman, Donahue, Kuhl, Hoffman, Wayson; nays –none. Motion carried.

Highway 965, Phase 1. At 9:25 p.m., Mayor Salm opened the Public Hearing regarding Plans, Specs, Form of Contract and Engineer’s Estimate. No oral or written comments were received. The public hearing was closed.

Donahue moved, Hoffman seconded to approve Resolution Number 10-45, A Resolution Approving the Plans, Specifications, Form of Contract and Estimate of Cost for the Highway 965 Improvements Project, Phase 1. The vote was: ayes – Kuhl, Wayson, Hoffman, Donahue, Chipman; nays – none. Motion carried.

Wayson moved, Donahue seconded to approve Resolution Number 10-46, A Resolution Approving and Ratifying the Purchase of a Parcel of 0.44 acres from Golfview Investors, LC. The vote was: ayes – Wayson, Donahue, Chipman, Hoffman, Kuhl; nays – none. Motion carried.

Aspen Ridge, Part 3.  Kuhl moved, Chipman seconded to approve Resolution Number 10-47, A Resolution Approving the Developer’s Agreement between the City of North Liberty and North Liberty Aspen Ridge, LLC that establishes the terms and conditions under which Aspen Ridge, Part 3 will be developed in the City of North Liberty, Iowa.  After discussion, the vote was: ayes – Hoffman, Donahue, Kuhl, Chipman, Wayson; nays – none. Motion carried.

Jones Boulevard Improvements. Donahue moved, Kuhl seconded to approve Resolution Number 10-49, A Resolution approving the Services Agreement between the City of North Liberty and Shive-Hattery, Inc. for services relating to Jones Boulevard Improvements, North Liberty, Iowa.  After discussion, the vote was: ayes – Donahue, Kuhl, Chipman, Wayson, Hoffman; nays – none. Motion carried.

Penn Street Turn Lane Improvements. Kuhl moved, Hoffman seconded to approve Resolution Number 10-50, A Resolution approving the Services Agreement between the City of North Liberty and Shive-Hattery, Inc. for services relating to Penn Street Turn Lane Improvements, North Liberty, Iowa.  After discussion, the vote was: ayes – Chipman, Hoffman, Kuhl, Wayson, Donahue; nays – none. Motion carried.

City Hall Property Purchases. Kuhl moved, Chipman seconded to approve Resolution Number 10-51, A Resolution Approving and Ratifying the Purchase of Parcel Number 0612411003 from Stephen J. Hirsch. After discussion, the vote was:  Kuhl, Donahue, Wayson, Hoffman, Chipman; nays – none.  Motion carried.

Hoffman moved, Wayson seconded to approve Resolution Number 10-52, A Resolution Approving and Ratifying the Purchase of Parcel Number 0612412008 from Aziz R. and Angela M. Longou. The vote was ayes – Donahue, Hoffman, Chipman, Wayson, Kuhl; nays – none. Motion carried.

Old Business.  Councilor Hoffman requested clarification regarding the price being paid for the Golfview property as a part of the Highway 965 Phase 1 Project. Heiar clarified the language in the agreement.  
Councilor Kuhl attended the volunteer recognition event at the Library.
Councilor Chipman asked City Attorney Peterson about the legality of changing the ordinance for Harvest Estates Rezoning.  Peterson stated that in the end the adjustments were made in response to council and public concerns. This was an adjustment rather than increasing density or changing zoning types. Since there are two additional considerations, it is all relative.

New Business. Councilor Wayson attended the Municipal Leadership Academy, Part 3 regarding financing & emergency management.

Adjourn. At 9:55 p.m., Wayson moved, Hoffman seconded to adjourn. All ayes. Meeting adjourned.