City Council Minutes April 8, 2003

April 8, 2003
No. 20

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, Gardiner, and Soukup.

Also present were Brian James, William J. Sueppel, Kevin Trom, Mary K. Mitchell, Laura Noth, Jim Warkentin, Jenny Garner, Sarah Fletcher, Suzanne Conrad, Gary Watts, Steve Becker, Dennis Henderson, Don Strabala, Scott Sailor, Bob Burns, Duane Musser, Kevin McElyea, Thad Long, Joe Denny and interested citizens.

Consent Agenda.  Bahl moved, seconded by Dorst, to approve staff reports, Planning & Zoning Commission and Library Board minutes, Resolution authorizing street lights in Fox Run Subdivision Part 8, City Council minutes of March 25, 2003, payment of attached list of claims, and Proclamation designating April 6-12 as Crime Victims Week in North Liberty.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Third Base Sports Bar.  Council discussed concerns regarding parking and occupancy limitations as well as an incident when Third Base employees were not cooperative in assisting police.  Chief Warkentin reported that incident was two years ago and cooperation has improved.  Joe Denny reported that Third Base will have more security at the front and back doors when the baseball season starts, to control occupancy.  They have also asked patrons to car pool and to observe parking signs.  Denny also agreed to the suggestion that all bars in town close down at 12:30 during the annual Fun Days celebration.  After discussion, Dorst moved, seconded by Bandy, to approve the renewal of Class C Liquor, Sunday Sales and Outdoor Sales permits for Third Base Sports Bar.  The vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Penn Elementary School Sign.  Council reviewed the master sign plan and application from Iowa City Community Schools for a ground sign in front of Penn Elementary School.  The Planning & Zoning Commission has recommended approval of the master sign plan.  After discussion, Bandy moved, seconded by Bahl, to approve the master sign plan for Penn Elementary School.  The vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Traffic Safety Award.  Dorst commended Chief Warkentin and the North Liberty Police Department for their work in earning the 2002 Iowa Traffic Safety Incentives Award from the Iowa Governor’s Traffic Safety Bureau.

Lot 11, Liberty Medical and Commerce Center.  Scott Sailor presented the site plan for a physical rehabilitation hospital to be located on Lot 11, Liberty Medical and Commerce Center.  The Planning and Zoning Commission has recommended approval of the site plan.  Dorst moved, seconded by Soukup, to adopt Resolution No. 03-22, RESOLUTION APPROVING THE COMMERCIAL DEVELOPMENT SITE PLAN FOR LOT 11, LIBERTY MEDICAL AND COMMERCE CENTER.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Lots 23 & 24, Liberty’s Gate Part Two.  Mayor Mekota noted that the required information was not available for the Planning & Zoning Commission review of the site plan and conditional use application Lots 23 & 24, Liberty’s Gate Part Two and that the proposed building design for River City Auto does not meet the guidelines in the Zoning Code.  He suggested that the application be returned to P&Z for further review.  After discussion, Dorst moved, seconded by Bahl, that the site plan and conditional use application be returned to the Planning & Zoning Commission for further review.  The vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

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

Dorst moved, seconded by Bahl, to adopt Ordinance No. 03-10.  After discussion, the vote was: ayes—Bahl, Dorst, Gardiner, Soukup; nays—Bandy.  Motion carried.

Council reviewed the final plat of Jefferson Addition—Part One.  The Planning & Zoning Commission has recommended approval of the final plat.  Dorst moved, seconded by Bahl, to adopt Resolution No. 03-25, RESOLUTION APPROVING PLAT AND SUBDIVISION OF JEFFERSON ADDITION—PART ONE, NORTH LIBERTY, IOWA.  After discussion, the vote was: ayes—Bahl, Dorst, Gardiner, Soukup; nays—Bandy.  Motion carried.

Dorst moved, seconded by Bahl, to direct the City Attorney to prepare a Developer’s Agreement for Jefferson Addition—Part One.  The vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

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

Bahl moved, seconded by Dorst, to adopt Ordinance No. 03-11.  After discussion, the vote was: ayes—Bahl, Dorst, Gardiner, Soukup; nays—Bandy.  Motion carried.

Quail Ridge.  The subdivider has requested that the Council defer action on the Quail Ridge zoning.

Creekside Subdivision, Part Three.  Council reviewed the final walk-through report on completion of subdivision improvements in Creekside Subdivision, Part Three.  An escrow amount has been paid for items not yet completed.  Dorst moved, seconded by Soukup, to adopt Resolution No. 03-19, RESOLUTION ACCEPTING SUBDIVISION IMPROVEMENTS IN CREEKSIDE SUBDIVISION, PART THREE.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Harvest Estates, Part One.  Council reviewed the final walk-through report on completion of the subdivision improvements in Harvest Estates, Part One.  A letter of credit or escrow will be submitted for items not yet completed.  Dorst moved, seconded by Bahl, to adopt Resolution No. 03-26, RESOLUTION ACCEPTING SUBDIVISION IMPROVMENTS IN HARVEST ESTATES, PART ONE, subject to receipt of acceptable security.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Lot 9, North Liberty Commercial Park.  Soukup moved, seconded by Bahl, to approve the third 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, Gardiner, Soukup; nays—none.  Motion carried.

Bahl moved, seconded by Gardiner, to adopt Ordinance No. 03-13.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Dixie Chopper Mower.  Council reviewed the bids received for a new Dixie Chopper Mower.  The Park Superintendent has recommended accepting the bid from Quality Care because of the extended warranty available and the convenience of service.  After discussion, Dorst moved, seconded by Bahl, to approve the purchase of a 2003 Dixie Chopper Mower from Quality Care at a cost of $9,358 and the five-year extended warranty for $599.  The vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Park Use Agreement.  Bahl moved, seconded by Gardiner, to approve an Agreement with the Jammn’ K9′s Flyball Club for use of Quail Ridge Park.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Lost 1, 2 & 3, Corridor Commercial Part 1A.  The Corridor Commercial Building Design Review Committee has approved the building plan for Lots 1, 2 & 3, Corridor Commercial Part 1A.  The Committee also plans to establish written requirements for building design for Corridor Commercial Subdivision so that staff will be able to review building design for compliance with those requirements and the committee will no longer be needed.  Dorst moved, seconded by Soukup, to approve the recommendation of the Corridor Commercial Building Design Review Committee to approve the building plan for Lots 1, 2 & 3, Corridor Commercial Part 1A.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Council reviewed the final walk-through report on subdivision improvements in Corridor Commercial Part 1A.  An escrow has been paid for completion of items not yet completed.  Bahl moved, seconded by Dorst, to adopt Resolution No. 03-20, RESOLUTION ACCEPTING SUBDIVISION IMPROVEMENTS IN CORRIDOR COMMERCIAL PART IA.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Zoning Map Update.  Commercial property zoning was discussed.  City Administrator noted locations along Highway 965 where the owners have expressed their desire to retain the option to have second-story residential over commercial uses.  He outlined the differences in permitted uses and development requirements between the C-2-A Highway Commercial and C-1-B General Commercial designations.  After discussion, it was the consensus of the Council to hold a work session with the Planning & Zoning Commission to discuss the commercial zoning issues.

Council Salaries.  Bahl moved, seconded by Gardiner, to approve the first consideration of Ordinance No. 03-07, AN ORDINANCE AMENDING CHAPER 2.12 OF THE NORTH LIBERTY MUNICIPAL CODE BY AMENDING SECTIONS 2.12.010, “COUNCIL MEMBERS,” AND SECTION 2.12.020, “MAYOR,” THEREIN TO ADJUST THE SALARIES TO BE PAID TO THE NORTH LIBERTY MAYOR AND CITY COUNCIL MEMBERS.  The ordinance increases Council salaries from $25 per meeting to $50 per meeting effective January 1, 2004, and increases the Mayor’s salary from $2,500 per year to $5,000 per year effective January 1, 2006.  Dorst stated that with the pending state cuts in city funding he can’t support the increase.  Bandy noted that the increase is long overdue, the last increase was in 1984, but he cannot support an increase at this time.   After discussion, the vote was: ayes—Bahl, Gardiner, Soukup; nays—Bandy, Dorst.  Motion carried.

Special Census.  Nearly 500 new residential units have been added in North Liberty since the 2000 census.  Staff estimates that there will be a population increase of approximately 1265 persons by April of 2004 and recommends a special census be taken then so that the City can receive the state funds that are distributed on a per capita basis to serve that additional population.  The cost of the census is estimated at $77,000 but the increase in Road Use Tax funds alone is estimated at over $103,000 per year.  After discussion, Soukup moved, seconded by Bahl, to approve a Memorandum of Understanding between the City of North Liberty and the U.S. Department of Commerce, Bureau of the Census for completion of the special census.  The vote was: ayes—Bahl, Dorst, Gardiner, Soukup; nays—Bandy.  Motion carried.

Iowa Donor Network.  The Iowa Donor Network has requested that the City issue Industrial Revenue Bonds in a principal amount not to exceed $1,500,000 for the purpose of acquisition of real property and construction and equipping of an office building at 550 Madison Avenue in North Liberty.  The bonds will not become an obligation of the City of North Liberty but will only be the obligation of the Iowa Donor Network.  Dorst moved, seconded by Soukup, to adopt Resolution No. 03-27, RESOLUTION AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT WITH THE IOWA DONOR NETWORK AND FIXING A DATE FOR A HEARING ON THE PROPOSED ISSUANCE OF CAPITAL IMPROVEMENT REVENUE BONDS (IOWA DONOR NETWORK PROJECT), SERIES 2003.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.  The public hearing will be held on May 13, 2003, at 7:00 p.m. in Council Chambers.

County/Cities/School Meeting.  Council suggested that TIF law, the proposed state economic development growth fund and state’s proposal to reduce revenue to cities be items for discussion at the quarterly meeting between Johnson County, Iowa City Schools and the cities in Johnson County on April 23, 2003 at 4:00 p.m. at the Iowa City Civic Center.

Lot 48, Creekside Development Plan.  The City Administrator reviewed the street master plan relative to the proposed development of Lot 48, Creekside.  The street master plan indicates a future collector street connecting Highway 965 and Front Street is to be located along the north boundary of Lot 48, Creekside.  The cost of the collector street, including a crossing of the CRANDIC railroad tracks and a bridge over Muddy Creek is estimated at $988,000.  The street master plan allows some flexibility in the exact location of the street based on topography and existing physical features.  The Mayor and Council members expressed concern about the cost of the street connection.  City Administrator explained that the street would be constructed in increments by developers as development occurs but the plan must be in place and the right-of-way dedicated in order to preserve future access.  Significant traffic increases are anticipated when the multi-family and commercial uses in area are fully developed and the elementary and junior high schools are operating.  After discussion, the Council requested a review by the JCCOG transportation planner.

Holiday Mobile Home Court Water Shut-Off Procedure.  City Administrator reported that Allie Alberhasky has requested that Holiday Mobile Home Court no longer be required to shut off water at individual residences because of non-payment of the City utility bill.  She requests that City staff shut off the water as is done in Golf View Mobile Home Court.  After studying the situation, the City Administrator recommends that the same policy be followed in both mobile home courts, i.e., City staff will shut off water as needed with a written agreement with the mobile home court owners that any malfunction or repairs to service lines, mains and shut-off valves are the responsibility of the mobile home court and the mobile home court also agrees to be responsible for repair of any damage to the service line, main line or shut-off valve.  Dorst moved, seconded by Gardiner, to approve the City Administrator’s recommendation.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Community Center Phase II.  A public hearing was held on the proposed plans, specifications, form of contract and estimate of cost for Phase II of the North Liberty Community Center.  No oral or written comments were received.  The public hearing was closed.  Kevin McAlyea of Larkin Aquatics and Thad Long of SVPA Architects reviewed the proposed plans and specifications and answered questions.  Total project cost is estimated at $6,800,000.   After discussion, Bahl moved, seconded by Gardiner, to approve plans, specifications, form of contract and estimate of cost for the Community Center Phase II project.  The vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Old Business.  Truck/Tractor Pull.  Soukup objected to the scar in the grass at Penn Meadows Park at the location of the truck/tractor pull held on Fun Days.  He suggested that the Fun Days Committee be given notice to find another location with 1 1/2 to 2 years.  Dorst and Gardiner support keeping the truck/tractor pull site in its present location.  Bahl noted that the area is a weed patch.  Soukup stated that truck/tractor pull fans will travel to a new location.

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