City Council Minutes March 25, 2003

March 25, 2003
No. 19

The North Liberty City Council met in regular session in Council Chambers.  Mayor Mekota called the meeting to order at 7:00 p.m.

Council members present: Bahl, Bandy, Dorst and Soukup.  Absent: Gardiner.

Also present were Brian James, William J. Sueppel, Kevin Trom, Mary K. Mitchell, Laura Bergus, Jon Harding, Don Strabala, Duane Musser, Bob Burns and interested citizens.

Consent Agenda.  Dorst moved, seconded by Bahl, to approve staff reports, Telecommunications Commission minutes, Class B Beer, Sunday Sales, Outdoor Service and Living Quarters permits for Quail Creek Golf Course, City Council minutes of March 11, 2003, February receipts and payment of attached list of claims; and to defer action on the renewal of the Class C Liquor, Sunday Sales and Outdoor Service permits for Third Base Sports Bar until the Council discusses with the owner parking and occupancy problems.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Soukup; nays—none; absent—Gardiner.  Motion carried.

Zoning District Map.  A public hearing was held on the proposed zoning map schedule that reflects the new zoning districts set forth in the zoning ordinance adopted June 27, 2000.  Don Strabala repeated his objection to the proposed change in zone for his property located at 125 Hwy 965 North to C-2-A because it is more restrictive than the previous C-2 zone that permitted single family, duplex, multi-family and commercial uses.  He feels that restricting any of those uses devalues his property.  No other comments were received.  The public hearing was closed.

In response to several requests that second story residential be permitted above highway commercial, it was suggested that C-1-B General Commercial designations be used in areas where second story residential is appropriate.  A conditional zoning agreement was suggested for Strabala’s residential use.  After discussion, it was the consensus of the Council to direct staff to prepare a revised map.

Liberty Medical and Commerce Center.  Bahl moved, seconded by Dorst, to approve the second consideration of Ordinance No. 03-09, AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY MIKE AND MARSHA MYERS AND LDR IOWA CITY LLC TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE C-2-A HIGHWAY COMMERCIAL DISTRICT.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Soukup; nays—none; absent—Gardiner.  Motion carried.

Bandy moved, seconded by Bahl, to suspend the rule requiring an ordinance to be considered on three different days.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Soukup; nays—none; absent—Gardiner.  Motion carried.

Bandy moved, seconded by Dorst, to approve the third consideration of Ordinance No. 03-09.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Soukup; nays—none; absent—Gardiner.  Motion carried.

Bandy moved, seconded by Bahl, to adopt Ordinance No. 03-09.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Soukup; nays—none; absent—Gardiner.  Motion carried.

Jefferson Addition.  Bahl moved, seconded by Soukup, to approve the second consideration of Ordinance No. 03-10, AN ORDINANCE APPROVING A PLANNED AREA DEVELOPMENT PLAN FOR JEFFERSON ADDITION, NORTH LIBERTY, IOWA.  After discussion, the vote was: ayes—Bahl, Dorst, Soukup; nays—Bandy; absent—Gardiner.  Motion carried.

Penn Heights Part 4.  Soukup moved, seconded by Bahl, to approve the second consideration of Ordinance No. 03-11, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY BARKER DEVELOPMENT TO THOSE SETFORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RS-6 SINGLE FAMILY RESIDENCE DISTRICT.  Bandy stated that he thinks a second access is needed.  After discussion, the vote was: ayes—Bahl, Dorst, Soukup; nays—Bandy; absent—Gardiner.  Motion carried.

Quail Ridge.  Bandy moved, seconded by Bahl, to approve the second consideration of Ordinance No. 03-12, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY WILLIAM T. CAMERON AND VLASTA M. CAMERON TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RS-6 SINGLE FAMILY RESIDENCE DISTRICT.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Soukup; nays—none; absent—Gardiner.  Motion carried.

Lot 9, North Liberty Commercial Park.  Bandy moved, seconded by Soukup, to approve the second consideration of Ordinance No. 03-13, AN ORDINANCE APPROVING THE AMENDED PLANNED AREA DEVELOPMENT PLAN FOR LOT 9, NORTH LIBERTY COMMERCIAL PARK.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Soukup; nays—none; absent—Gardiner.  Motion carried.

North Front Street Parking.  Dorst moved, seconded by Bahl, to approve the third consideration of Ordinance No. 03-06, AN ORDINANCE AMENDING CHAPTER 10.36, ENTITLED “STOPPING, STANDING AND PARKING,” OF THE MUNICIPAL CODE OF NORTH LIBERTY BY AMENDING SECTION 10.36.050 THEREIN TO PROHIBIT PARKING ON BOTH SIDES OF NORTH FRONT STREET FROM DUBUQUE STREET NORTH TO THE CITY LIMITS.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Soukup; nays—none; absent—Gardiner.  Motion carried.

Bahl moved, seconded by Dorst, to adopt Ordinance No. 03-06.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Soukup; nays—none; absent—Gardiner.  Motion carried.

Key Lock Box System.  Council members reported receiving many calls from business owners who have concerns about keeping a key to their premises in a box on the exterior of the building.  Most felt they should have the option to either have a key lock box or acknowledge that their door will be broken in by emergency personnel if necessary in case of an emergency.  Council members stated that fire fighters should not hesitate to break in a door if there is an emergency.  Fire Chief Harding stated that it is not always possible to determine if there is a true emergency prior to gaining access.  After discussion, the Council agreed that a committee made up of the Fire Chief, the City Administrator and one Council member be appointed to modify the proposed ordinance.  Matt Bahl volunteered to represent the City Council.

Council Salaries.  The motion to approve first consideration of an ordinance to increase Council salaries to $50 per meeting and the Mayor’s salary to $5,000 per year was withdrawn so that the draft can be corrected to show that the Council salary change would be effective on January 1, 2004 and the Mayor’s salary change would be effective January 1, 2006.

Hawkeye Area Community Action Program.  Rob Gardiner was appointed to represent the City on the HACAP Site Council.

City Administrator.  James reported on the following items.
Water Iron Filter.  Staff is investigating options for repair or replacement of the old iron filter at the water treatment plant because it is leaking.  Council discussed relative cost and life expectancy of the options.

Civil Defense Siren.  The siren to be located at Hwy 965 and Forevergreen Road has been received.  Public Works staff will install with assistance from Linn County REC in installing the pole.  Coralville has agreed to split the cost with North Liberty.  Dorst asked about the status of the North Liberty de-annexation and Coralville annexation of property south of Forevergreen Road.  James reported that he has arranged meetings with property owners who want an annexation agreement with Coralville prior to moving forward.

Road Embargo.  Forevergreen Road has been embargoed for trucks over 5,000 pounds.  Repairs will be made after the frost is out.

MYCA Corp Lease.  James reported that he met with Corps of Engineers and Johnson County representatives about environmental and road concerns resulting from the MYCA development project.  The Corps also plans to update their master plan for the Coralville Lake.

New Business.  Dorst reported that the Johnson County Council of Governments will be addressing the Silurian aquifer study, cell tower location study, waste tire collection program and an electronics collection program at their regular meeting.  He also reported that University of Iowa President Skorton is interested in attending a North Liberty City Council meeting.  Dorst will schedule.

Matt Bahl presented a report on the Johnson County Emergency Management Commission meeting.

Closed Session.  Dorst moved, seconded by Bahl, to hold a closed session to evaluate the professional competency and performance of individuals as requested by those individuals.  The vote was: ayes—Bahl, Bandy, Dorst, Soukup; nays—none; absent—Gardiner.  Motion carried.  The City Attorney acknowledged that to be a proper cause for a closed session.

Regular session resumed.

Adjournment.  Bandy moved, seconded by Bahl, to adjourn the meeting at 8:30 p.m.  Motion carried.