City Council Minutes May 11, 2010

Minutes
North Liberty City Council
May 11, 2010
Regular Session

Call to order. At 7:00 p.m., Mayor Salm called the May 11, 2010 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, Alan Marks, Adam Bohr, Tina Dubois, Rich Nichols, Jim Seelman, Merrill Smalley, Bev Seelman, Cheryle Caplinger and other interested citizens.

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

Consent Agenda. Hoffman moved, Wayson seconded to approve the Consent Agenda including the following items: City Council Minutes, Regular Meeting, April 27, 2010; the attached list of Claims; Liquor License Application, Liberty Centre Blues & BBQ, Class B Beer with Outdoor Sales and Sunday Sales Endorsements; Liquor License Renewal,  Casey’s General Store #2479 – 625 W. Zeller Street, Class C Beer Permit with Sunday Sales Endorsement; Liquor License Renewal,  Corridor Ventures, Class E Carryout beer-wine-Sunday Sales endorsement; Liquor License Application, and CMD Investments – Event at Southslope on 06/18/10.  The vote was: ayes – Donahue, Kuhl, Chipman, Wayson, Hoffman; nays – none. Motion carried.

Public Comment.  Tina Dubois Director of the North Liberty Food and Clothing Pantry presented information regarding the past year at the Pantry.  A public open house is scheduled for Wednesday, May 19 from 3-7 p.m. at the pantry.  Councilor Kuhl asked about limited public transportation comment included in the report. Dubois reported that of the 10% sample of families surveyed, 28% ride their bikes or get rides to the pantry.

Rich Nichols of Hauer Drive inquired about the size of lots that are planned to be zoned RS-4 on Jones Blvd and 270th versus the size of lots adjacent to West Hauer Drive. He asked about berm and design for proposed landscape buffer.

Jim Seelman, 2790 Kansas Avenue, spoke about the statement that was made that no one could find evidence of agreements.  He expressed that with the revisions made at the last meeting this application   needs to go back to Planning and Zoning Commission. He asked if his agreement is in place and valid and whether there are agreements with other land owners.

Merrill Smalley expressed concerns with water run-off from the Harvest Estates 2 development.  He reported that the pond in Stoner development overflows every year due to lack of owner maintenance.  He stated that he sees the same thing happening with this development. He will not let the water come over his property and lower the value of his property, according to Iowa law.

Bev Seelman, 2790 Kansas Ave., agreed with what has been said. She stated that this is a complete change from what was reviewed by the Planning & Zoning Commission. As a result of the complete change, this item should be required to go back to the Commission.  With that return to the Commission, all property owners should be notified again and the process should begin from the beginning again. She encouraged Council to review tapes from five years ago.

City Attorney Report.  City Attorney Peterson had nothing special to report.

City Engineer Report. City Engineer Trom reported that the Forevergreen Road is under construction. He also reported that Shive-Hattery has begun survey work on the Jones Boulevard project.

City Administrator Report.  City Administrator Heiar reported on the following items:
•    The Scales Bend Road project plans are progressing.  The plan is to award the bid at June 8 meeting. The public hearing regarding the project will be held at the next meeting. The project will include a widened road of 4 feet. The goal is to have project complete before school starts. Staff plans to maintain communication with letters and through the website. $200,000 is the estimated project cost.
•    Heiar met with a staffer from Harkin’s office. TIGER 2 funding is coming up. The staffer encouraged us to partner with Coralville and submit another application for Highway 965 improvements.
•    Heiar is providing constant updates on street projects on the website and blogging a couple of times times per week.

Councilor Donahue asked about ditch work on Scales Bend.  Trom reported that the project will include an expanded two foot paved shoulder.  This is a maintenance project like Dubuque and other streets, not a major reconstruction.  Flaggers will be at all intersections. The road will be open to traffic.

Mayor Report. Mayor Salm reported that representatives from the City traveled to Des Moines to receive two awards from an engineering society for the Waste Water Treatment Plant and for the Penn Street/I380 Project.  
Mayor Salm read the Older American’s Month Proclamation for the month of May.

Board of Appeals Application.  Donahue moved, Hoffman seconded to approve the appointment of Mike Bails to the Board of Appeals. The vote was: ayes – Wayson, Hoffman, Chipman, Kuhl, Donahue; nays – none. Motion carried.

Harvest Estates, Part 2. The developer Alan Marks, Midwest Development, presented the revised rezoning exhibit for the development.  The overall density was lowered by about twenty-five units. He responded to the questions that were presented at public comment regarding berming, agreements, and returning the application to the Planning Commission.

Councilor Kuhl requested removing all the RD-10 zone and making it all RS-6.  Marks stated has gone through expense in redesigning based on the proposed compromise from the last meeting.

Peterson responded to the question about changes, if they are legal with having first reading go forward. The action taken at last meeting is appropriate and legal.

Wheatley spoke regarding the issue of multi-family. No multifamily in this development, rather 17 duplex lots. In North Liberty classifications, duplex are two units, multi-family is three or more units. Councilor Donahue responded that multifamily is perceived as being 2 or more units regardless of definition.
Councilor Hoffman asked about the size of lots along West Hauer Drive versus St. Andrews and Jones Blvd.  Wheatley reported that the lots vary in size from 0.29 to 0.48 acres.

Councilor Kuhl asked about water as it flows off field down Hauer Drive then on to golf course. He asked who is responsible if that becomes a problem. Trom stated that water issues should improve.  Councilor Wayson asked who is responsible if it does not consistently work.  Peterson responded that it is a joint responsibility.  Trom stated that a Stormwater BMP (Best Management Practices) agreement will be required.  Within that agreement, the City can spot check at any time.

Councilor Chipman wants to see all agreements, Smalley, Streb and Seelman, to make sure they are in place before the third consideration. Councilor Donahue stated that the issue of agreements comes up again and again, are they recorded or unrecorded. He gave the developer two weeks to produce them. These agreements go to personal and project credibility. He has to have agreements in hand.

Councilor Kuhl stated that he had water standing in ditch next to his house tonight that has never been a problem before. He is really concerned about the water issue. Mayor Salm spoke regarding storm water requirements.  Trom stated that Jones Boulevard is flat. The water is supposed to travel in ditch, with the undulation of the land, but due to the flatness some water stands.

Hoffman moved, Wayson seconded to approve the second 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 and RD-10 Residential Districts. After discussion, the vote was: ayes – Hoffman, Wayson, Chipman; nays – Kuhl, Donahue. Motion carried.

Liberty Medical and Commerce.  Hoffman moved, Wayson seconded to approve the third consideration and adoption 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 – Kuhl, Wayson, Chipman, Donahue, Hoffman; nays –none. Motion carried.

Tiffin Annexation Moratorium Agreement. Kuhl moved, Donahue seconded to approve Resolution Number 10-53, A Resolution Approving an Amended Agreement between the City of North Liberty and the City of Tiffin that sets forth the terms and condition of the annexation moratorium. After discussion, the vote was: ayes – Wayson, Donahue, Hoffman, Chipman, Kuhl; nays – none. Motion carried.

Highway 965, Part 1. Kuhl moved, Wayson seconded to approve Resolution Number 10-54, A Resolution Accepting the Bid from Metro Pavers for the 2010 Highway 965, Phase 1 Project.  After discussion, the vote was: ayes – Donahue, Chipman, Kuhl, Hoffman, Wayson; nays – none.

Donahue moved, Chipman seconded to approve Resolution Number 10-55, A resolution approving services agreement amendment number 1 between the City of North Liberty and McClure Engineering Company for services relating to Highway 965, Phase 1 Improvement Project, North Liberty, Iowa.  After discussion, the vote was: ayes – Chipman, Kuhl, Hoffman, Wayson, Donahue; nays – none. Motion carried.

Donahue moved, Wayson seconded to approve Resolution Number 10-56, A Resolution approving and ratifying the Purchase of a parcel of 0.49 from Holiday Mobile Lodge, Inc. After discussion, the vote was: ayes – Kuhl, Donahue, Hoffman, Wayson, Chipman; nays – none. Motion carried.

Cherry Street Intersection Project. Hoffman moved, Donahue seconded to approve Resolution Number 10-57, A resolution approving services agreement amendment number 2 between the City of North Liberty and McClure Engineering Company for services relating to Cherry Street Improvement Project, North Liberty, Iowa.  The vote was: ayes – Hoffman, Chipman, Wayson, Donahue, Kuhl; nays – none. Motion carried.

2010 Liberty Centre Blues and BBQ. Chipman moved, Hoffman seconded to approve Resolution Number 10-58, A Resolution authorizing the use of Liberty Centre Park and city equipment for Liberty Centre Blues and BBQ and authorizing a temporary street closing for the event.   The vote was: ayes – Chipman, Kuhl, Donahue, Wayson, Hoffman; nays – none. Motion carried.

FY 10 Budget Amendment. At 8:08 p.m., Mayor Salm opened the Public Hearing regarding proposed amendment to the FY 10 Budget. No oral or written comments were received. The public hearing was closed.

Kuhl moved, Donahue seconded to approve Resolution Number 10-59, A Resolution Approving the Amendment for the Current Budget for the Fiscal Year ending June 30, 2010. After discussion, the vote was: ayes – Donahue, Hoffman, Wayson, Kuhl, Chipman; nays – none. Motion carried.

Cedar Springs Streetlights.  Chipman moved, Hoffman seconded to approve Resolution Number 10-60, A Resolution approving the installation of streetlights in Cedar Springs, Part 10 according to the terms set forth in the existing street light contract. After discussion, the vote was: ayes – Hoffman, Wayson, Chipman, Kuhl, Donahue; nays – none. Motion carried.

Hoffman moved, Chipman seconded to approve Resolution Number 10-61, A Resolution approving the installation of streetlights in Cedar Springs, Part 11 according to the terms set forth in the existing street light contract.  The vote was: ayes – Wayson, Donahue, Kuhl, Hoffman, Chipman; nays – none. Motion carried.

Reimbursement Resolution.  Kuhl moved, Hoffman seconded to approve Resolution Number 10-62, A Resolution relating to the financing of certain proposed projects to be undertaken by the City of North Liberty, Iowa; establishing compliance with reimbursement bond regulations under the Internal Revenue Code.  After discussion, the vote was: ayes – Donahue, Kuhl, Hoffman, Chipman, Wayson; nays – none. Motion carried.

Assessment Resolution.  Kuhl moved, Donahue seconded to approve Resolution Number 10-63, A Resolution authorizing the assessment of delinquent amounts owed to the City of North Liberty, Iowa to individual property taxes. After discussion, the vote was: ayes – Chipman, Wayson, Hoffman, Kuhl, Donahue; nays – none. Motion carried.

West Village, Part 2.  Hoffman moved, Chipman seconded to approve Resolution Number 10-64, A Resolution Approving the Developer’s Agreement between the City of North Liberty and Robson Homes, Inc. that establishes the terms and conditions under which West Village, Part 2 will be developed in the City of North Liberty, Iowa. The vote was: ayes – Kuhl, Donahue, Wayson, Hoffman, Chipman; nays – none. Motion carried.

2010 Forevergreen Road Improvements Project.  Chipman moved, Wayson seconded to approve Resolution Number 10-65, A Resolution approving the Agreement between the City of North Liberty and Metro Pavers for the 2010 Forevergreen Road Improvements Project.   The vote was: ayes – Wayson, Hoffman, Donahue, Chipman, Kuhl; nays – none. Motion carried.

Transit.  Council discussed the diagram regarding transit. Council provided direction to staff to move forward with the Commission’s mission including the following:
•    Look at making the system more cost effective to serve the most people.
•    Stay within the current budget or find other funding streams to increase services.
•    How can the City most cost effectively use their current funds?
•    Have a plan in place for FY 12.

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