City Council Minutes July 13, 2010

Minutes
North Liberty City Council
July 13, 2010

Regular SessionCall to order.  At 7:00 p.m., Mayor Salm called the July 13, 2010 Regular Session of the North Liberty City Council to order.  Council members present: Chipman, Donahue, Wayson, Hoffman, Kuhl; absent: none.
Others present: City Administrator Ryan Heiar, City Attorney Scott Peterson, City Engineer Kevin Trom, City Planner Dean Wheatley, Jim and Bev Seelman, Mary Lou and Jim Poggenpohl, Dwain Musser, Dan Schrock, Dave Kubicek, Jim Sayre, Matt Hass, and other interested citizens.

Approval of the Agenda:  Hoffman moved, seconded by Kuhl to approve the City Council Minutes of June 22, 2010; claims; Liquor License Renewal for Corridor Convenience, Class C Beer with Carryout wine and Sunday Sales Endorsements; DC’s Class C Liquor with Sunday Sales Endorsement; Behrens Wedding Reception Class C Liquor July 31, 2010 at South Slope; Ms Susan’s Class C Liquor with Catering Privilege and Outdoor Service Endorsements; Cherry Street Project-Advanced Electrical Services-Pay Application #3 $79,811.60, Highway 965 Project-Phase 1, Metro Pavers-Pay Application #1 $79,147.05, Forevergreen Road Project-Metro Pavers pay application #1 $275240.67, and to delete item 20 from the agenda.  After discussion, the vote was: Chipman, Donahue, Wayson, Hoffman, Kuhl; nays—none.  Motion carried.

Public Comment:  Dan Schrock, 1160 Saint Andrews Drive, explained an issue with the field tile that goes through his yard.  Mediacom cut the tile and it is now full of debris causing ponding problems.  City staff is aware of the problem and will report back to Mr. Schrock on what will be done.
Cory Grabenbauer, 1480 Harvest Street, requested the City Council to have a public hearing on the third reading of the zoning changes proposed for Harvest Estates II.   He explained his process of looking for the perfect neighborhood to build a single family home for his family.  At the time of purchasing the lot in Harvest Estates Part 1, he and his wife researched the zoning in the area, and found it to be single family in the Harvest Estates Part II.   Grabenbauer was told of the history of the zoning five years ago when the property was originally zoned and felt secure with the issue of the zoning had been decided five years ago.    Grabenbauer would like the council to deny the zoning request.

Jim Seelman, 2790 Kansas Avenue, would like the council to deny the request of Harvest Estates Part II.  He attended several meetings five years ago when this property was first zoned and thought it was over.  He encouraged the council, if they had any reservations at all on this zoning, to not vote.
Bev Seelman, 2790 Kansas Avenue, presented the City Attorney with twenty notarized petitions from surrounding home owners requesting another public hearing on the Harvest Estates Part II zoning request.  The petitioners feel that there was one public hearing on a specific zone and since then the request has changed, and so have the perimeters of the affected areas.  The petitioners also feel the current zoning request has not had due process.  A public hearing with the Planning and Zoning Commission had not been held, legal notices to the surrounding homeowners had not been done, and the required Public Hearing and three readings before the City Council had not been done.  Iowa Statutes specifies due process for the rezoning and the City is obligated to follow that process.  Based on these items, Seelman would like the zoning be denied.

Ben O’Brien, 565 Prairie Street, would like the Council to deny the zoning request.  He purchased his property after the approved zoning five years ago.  He feels changing the zoning again does not set good precedence.
City Attorney Report.  Peterson explained that the filing of the petition from 20 residents on the Harvest Estates Subdivision II, under the Public Comment item of this meeting, does not in his opinion, trigger a super majority vote.   The correct time to file such a petition should have been at the time of the public hearing on April 27, 2010. 

Kuhl thought that the petition was asking for a public hearing since the zoning changed from the April 27, 2010 public hearing.  It was Peterson’s opinion that another public hearing would not have to be held.
Peterson also reported that the Legislative Update will be on the next agenda.    
City Engineer Report.  Trom gave an update on the Forevergreen Road Project. The project is going well.

LL Pelling Company will be doing the Scales Bend Road and the West Forevergreen Road Projects.  They plan to start on Scales Bend Road on Monday, July 19.  The project should take a week.  After the completion of that project, they will move over to West Forevergreen Road July 26. This road will be open to local traffic only.   The project should be completed in three days.

Hoffman questioned the South Slope Fiber Optic Project being in the area of Scales Bend Road this week and questioned if they will be completed by the time the paving is to start.  Heiar reported that city employees will follow up to be sure they are out of the area.

City Administrator Report.  Heiar reported that letters had gone out to all the residences affected by the Scales Bend Paving Project making them aware of the project and the time line.  Letters will also go out to the residences affected by the West Forevergreen Project.

Cherry Street Signal Project is almost completed and lights should be operational by August 1st.
Highway 965, Phase One is under way.  The temporary road is in place, so this should avoid having a one-lane pilot car situation.  The speed limit on Highway 965 will be 25mph during the project.
Heiar reminded the public to get updates on the road construction projects on the city’s website.
At the next scheduled council meeting there will be a Public Hearing to schedule the bond sale for ongoing and upcoming projects.

The city received a $16,000.00 grant from the State of Iowa for the Penn Meadows Parking Lot and Rain Garden Project.
City Council members and Heiar received an e-mail from Go 21, regarding feight mail.  Heiar will be meeting about this and will report back.

Heiar will be out of the office July 21-22-23 to attend a seminar in Storm Lake.    
Board/Commission Appointments.  Donahue moved, seconded by Chipman to appoint:
-Jim Sayre, Board of Adjustment for a term to expire June 30, 2015.
-Matt Hass, Parks and Recreation Commission for a term to expire June 30, 2012
-Nick Gefaller, Tree Board for a term to expire June 30, 2011
-Benjamin Voss, Tree Board for a term to expire June 30, 2013.
After discussion, the vote was: ayes—Hoffman, Donahue, Chipman, Kuhl, Wayson; nays—none.  Motion carried.

Harvest Estates, Part 2.  Hoffman moved, seconded by Wayson to approve the Third Consideration and adoption 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 District.  During discussion, Peterson told the Council that it is opinion that the change in the zoning from the Public Hearing in April does not require a Public Hearing, because of the insignificant change.
Kuhl feels the residents in this area do not want the RD-10 (Zero Lot Lines).  He also has a concern with the culvert in the Chipman Subdivision being able to handle the development. 

Wayson meet with some of the homeowners in the area and also received several e-mails on this issue.       The density of this area is 2.5 houses per acre, which results in 185 buildings, which Wayson is comfortable with.  The biggest complaint is the RD-10 Zone (Zero Lot Lines) that the residents do not want.   North Liberty has a lot of Zero-Lot Lines which some are very nice.   Wayson supports the zoning in this area because it does bring some more affordable single family homes to the area with a large city park.  The Preliminary Plat will need to address the drainage in the area, how the streets line-up, and how the new lots interface with the surrounding homes.  Wayson wants to be sure that people know that the Council does listen to the concerns of the citizens, but there are many voices. It’s the Council’s job to blend all the concerns into one vision for the future of North Liberty.

Hoffman did agree with Wayson’s remarks and wanted to elaborate on listening to the concerns of the citizens.  He feels that the Council has gone to great lengths to hold meetings on this issue and the people were listened too.  He encouraged people to drive around town and look at the different areas with townhomes. He feels the zero lot lines bring diversity to the community to allow a variety of price ranges.

Chipman explained that this was going to be a difficult decision for her, but she has to look out for the entire community.   She feels this subdivision provides a variety of housing for different economic situations, and the infrastructure is in place.

Donahue has a concern with the RD-10 in the middle of the single family subdivision, which could be considered a spot zoning issue.  He would like to have the RS-4 style subdivision for this area and will vote against the third consideration.

The Mayor stated that it’s the goal of the staff to provide the council with the most accurate and current information available to make good decision.  He feels that public opinion weighs in on decisions, but the goal of the council is to make the best decision for the city.
After discussion, the vote was: ayes—Wayson, Chipman, Hoffman; nays—Kuhl, Donahue.  Motion carried.
Cedar Springs, Part 11 Final Plat.  Staff reported that the Final Plat meets all requirements and the Planning Commission recommends approval.

Hoffman moved, seconded by Donahue to approve Resolution Number 10-96, A Resolution Approving the Final Plat of Cedar Springs, Part 11, North Liberty, IA.  After discussion, the vote was: ayes—Kuhl, Wayson, Hoffman, Donahue, Chipman; nays—none.  Motion carried.
Hunter Companies Commercial Development Site Plan.  Staff reported that the Site Plan meets all requirements and the Planning Commission recommends approval subject to the existing sidewalk adjacent to Quizno’s, match the sidewalk detail established with that earlier development (brick-form and colored or stained concrete; and consider adding one or more bicycle racks on the site.
Donahue moved, seconded by Chipman to approve Resolution Number 10-97, A Resolution approving the commercial development site plan for Hunter Companies in Liberty Centre, North Liberty, Iowa.  After discussion, the vote was: ayes—Kuhl, Wayson, Hoffman, Donahue, Chipman; nays—none.  Motion carried.

Penn Meadows Barn Project.  Hoffman moved, seconded by Kuhl to approve Resolution Number 10-98, A Resolution relating to financing of a proposed project to be undertaken by the City of North Liberty, Iowa; establishing compliance with reimbursement bond regulations under the Internal Revenue Code.  During discussion, Donahue mentioned how nice this area is and picnic tables would be nice there for people to use.  Heiar reported that it is addressed in the Parks Plan.  After discussion, the vote was: ayes—Kuhl, Wayson, Hoffman, Donahue, Chipman; nays—none.  Motion carried.

Telecommunications Commission Amendment.   Chipman moved, seconded by Wayson to approve the second consideration of Ordinance Number 10-08, An Ordinance amending Chapter 2.22, entitled “Telecommunications Commission,” of the North Liberty Municipal Code by amending section 2.22.070 to revise meeting frequency.  After discussion, the vote was: ayes—Chipman, Kuhl, Donahue, Hoffman, Wayson; nays—none.  Motion carried.

Forevergreen Road Project (West of Jones).  Donahue moved, seconded by Wayson to approve Resolution Number 10-99, A Resolution Approving a Contract between the City of North Liberty and LL Pelling for the Forevergreen Road Project (West of Jones Blvd).  After discussion, the vote was: ayes—Chipman, Kuhl, Donahue, Hoffman, Wayson; nays-none.  Motion carried.
City Attorney Contract.  Hoffman moved, seconded by Wayson to approve Resolution Number 10-100, A Resolution of Appointment and Compensation Schedule for the City Attorney of North Liberty.  After discussion, the vote was: ayes—Chipman, Kuhl, Donahue, Hoffman, Wayson; nays—none.  Motion carried.

CodeRED Agreement (Text Messaging).  This is the new CodeRED Emergency Notification System used by Johnson County Sheriff Department to send mass text messages, emails and phone calls.  For an annual cost of $2000.00 the city will be able to provide similar services to residences in North Liberty to get information out about street closures, snow emergencies, water main breaks, and the like.
Donahue moved, seconded by Kuhl to approve Resolution Number 10-101, A Resolution approving the Agreement between the Johnson County, Iowa E911 Board and the City of North Liberty, Iowa for provision of CodeRED Services.  After discussion, the vote was: ayes—Chipman, Kuhl, Donahue, Hoffman, Wayson; nays—none.  Motion carried.

RedFlags (Identity Theft Prevention) Policy.   Hoffman moved, seconded by Chipman to approve Resolution Number 10-102, A Resolution approving the Red Flags (Identity Theft Prevention) Policy for the City of North Liberty, Iowa.  After discussion, the vote was: ayes—Chipman, Kuhl, Donahue, Hoffman, Wayson; nays—none.  Motion carried.

Zoning Ordinance Amendment.  Public Hearing was open at 8:16 pm.  Dave Kubicek spoke on behalf of the North Liberty Food Pantry Board and thanked the City Council for their consideration of the Zoning Ordinance Amendment. The Public Hearing was closed.
Donahue moved, seconded by Kuhl to approve an amendment to the first consideration of Ordinance Number 10-09, An Ordinance Amending Sections 307 and 1606, and various use tables, Title 17, Zoning Code, of the North Liberty Municipal Code regarding the establishment of Food Pantries as accessory uses to Place of Worship.  Kuhl wanted to have the second sentence in Section One, Item 1, to read as follows: [FOOD PANTRY is a public or private nonprofit establishment that distributes food, clothing, personal care items, household supplies and related other commodities].  After discussion, the vote was: ayes: Chipman, Kuhl, Donahue, Hoffman, Wayson; nays—none.  Motion carried.
Donahue moved, seconded by Kuhl to approve the first consideration of Ordinance Amendment Number 10-09, An Ordinance Amending Sections 307 and 1606, and various use tables, Title 17, Zoning Code, of the North Liberty Municipal Code regarding the establishment of Food Pantries as accessory uses to Places of Worship.  After discussion, the vote was: ayes—Chipman, Kuhl, Donahue, Hoffman, Wayson; nays—none.  Motion carried.

OLD BUSINESS:  Kuhl wanted to follow up on a previous discussion that the council had on sump pump back-ups at the last meeting.  Heiar told the Council that it is on the next staff meeting agenda.
Mayor Salm would like to get a policy on e-mails that are exchanged between council members and the public.  He feels some should be part of the public record.  Council is going think about it and will be prepared to talk about it at a later date.
Kuhl attended a reception for the new Iowa City School Superintendent.
Adjournment.  Kuhl moved, seconded Donahue to adjourn the meeting at 8:25 p.m.  The vote was: Chipman, Kuhl, Donahue, Wayson, Hoffman; nays—none.  Motion carried.