City Council Minutes April 27, 2004

April 27, 2004
No. 22

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, Moody, Salm, and Soukup.  Absent: Gardiner.

Also present were Brian James, Kevin Trom, Mary K. Mitchell, Travis Alden, Diedre Bello, Paul Osterholt, Steve Smith, Don Strabala, Duane Musser, Chick Meade, Mr. & Mrs. Paul Anderson, Lisa Green Douglas and interested citizens.

Consent Agenda.  Bahl moved, seconded by Soukup, to approve staff reports, renewal of Class C Beer and Sunday Sales permits for Casey’s General Store, renewal of Class C Liquor and Sunday Sales permits for Carney’s Café, City Council minutes of April 13, 2004, March receipts and payment of attached list of claims.  After discussion, the vote was: ayes—Bahl, Moody, Salm, Soukup; nays—none; absent—Gardner.  Motion carried.

Recycling & Garbage Contract.  Council reviewed the request of Johnson County for a five-year extension of their recycling and garbage pickup contract.  No increase in the schedule of fees for trash stickers or recycling pickup fees is proposed.  After discussion, Bahl moved, seconded by Moody, to adopt Resolution No. 04-23, RESOLUTION TO AMEND THE AGREEMENT FOR REFUSE COLLECTION SERVICES BETWEEN THE CITY OF NORTH LIBERTY AND JOHNSON COUNTY REFUSE INC. BY EXTENDING THE CONTRACT TO JUNE 30, 2009.  After discussion, the vote was: ayes—Bahl, Moody, Salm, Soukup; nays—none; absent—Gardiner.  Motion carried.

Lot 28, Liberty Centre Part Two.  Public hearing was held on the proposed Planned Area Development plan for Lot 28, Liberty Centre Part Two.  No oral or written comments were received.  The public hearing was closed.  Soukup moved, seconded by Bahl, to approve second consideration of Ordinance No. 04-20, AN ORDINANCE APPROVING THE PLANNED AREA DEVELOPMENT PLAN FOR LOT 28, LIBERTY CENTRE PART TWO.  After discussion, the vote was: ayes—Bahl, Moody, Salm, Soukup; nays—none; absent—Gardiner.  Motion carried.

A letter was submitted from Michael Pugh, attorney for the developer, requesting that both second and third readings be considered at this meeting.  After discussion, Bahl moved, seconded by Salm, to suspend the rule requiring an Ordinance to be considered on three different days.  Council requested that future requests should include the reason for the request.  The vote was: ayes—Bahl, Moody, Salm, Soukup; nays—none; absent—Gardiner.  Motion carried.

Soukup moved, seconded by Moody, to approve third consideration of Ordinance No. 04-20.  After discussion, the vote was: ayes—Bahl, Moody, Salm, Soukup; nays—none; absent—Gardiner.  Motion carried.

Bahl moved, seconded by Moody, to adopt Ordinance No. 04-20.  After discussion, the vote was: ayes—Bahl, Moody, Salm, Soukup; nays—none; absent—Gardiner.  Motion carried.

Lot 1, Wallace’s Second Subdivision.  Public hearing was held on the proposed Planned Area Development plan for Cross-Roads Car Company on Lot 1, Wallace’s Second Subdivision and their request for a Conditional Use Permit for auto sales in the C-2-A Highway Commercial district.  No oral or written comments were received.  The public hearing was closed.  Don Strabala requested that the Developer’s Agreement be deferred until the next meeting for some minor changes.

Bahl moved, seconded by Soukup, to approve second consideration of Ordinance No. 04-21, AN ORDINANCE APPROVING THE PLANNED AREA DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR CROSS ROADS CAR COMPANY LOCATED ON LOT 1, WALLACE’S SECOND SUBDIVISION, NORTH LIBERTY, IOWA.  After discussion, the vote was: ayes—Bahl, Moody, Salm, Soukup; nays—none; absent—Gardiner.  Motion carried.

Penn Meadows Addition – Part IV.  Public hearing was held on the proposed Planned Area Development plan for Lot 73, Penn Meadows Addition – Part IV.  No oral or written comments were received.  The public hearing was closed.  Bahl moved, seconded by Salm, to approve second consideration of Ordinance No. 04-22, AN ORDINANCE APPROVING THE PLANNED AREA DEVELOPMENT PLAN FOR LOT 73, PENN MEADOWS ADDITION – PART IV.  After discussion, the vote was:  ayes—Bahl, Moody, Salm, Soukup; nays—none; absent—Gardiner.  Motion carried.

Public hearing was held on the proposed Planned Area Development plan for Lot 74, Penn Meadows Addition – Part IV.  No oral or written comments were received.  The public hearing was closed.  Soukup moved, seconded by Moody, to approve second consideration of Ordinance No. 04-23, AN ORDINANCE APPROVING THE PLANNED AREA DEVELOPMENT PLAN FOR LOT 74, PENN MEADOWS ADDITION – PART IV.  After discussion, the vote was:  ayes—Bahl, Moody, Salm, Soukup; nays—none; absent—Gardiner.  Motion carried.

Pat-Chi Addition.  Public hearing was held on the request of Maytag, Inc. for a Planned Area Development Plan and Conditional Use Agreement for outdoor storage on Lot 1, Pat-Chi Addition.  No oral or written comments were received.  The public hearing was closed.  Moody moved, seconded by Bahl, to approve second consideration of Ordinance No. 04-25, AN ORDINANCE APPROVING THE PLANNED AREA DEVELOPMENT PLAN FOR MAYTAG INC. ON LOT 1, PAT-CHI ADDITION.  After discussion, the vote was:  ayes—Bahl, Moody, Salm, Soukup; nays—none; absent—Gardiner.  Motion carried.

Soukup moved, seconded by Moody, to approve third consideration of Ordinance No. 04-18, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY QUARTER MOON FARMS INC. TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE C-2-A HIGHWAY COMMERCIAL DISTRICT.  Chick Meade reminded Council that the zoning changes should be approved subject to release of the contingencies on the sale of the property to First Industrial.  After discussion, the vote was:  ayes—Bahl, Moody, Salm, Soukup; nays—none; absent—Gardiner.  Motion carried.

Bahl moved, seconded by Salm, to adopt Ordinance No. 04-18, subject to release of contingencies on the sale of the property.  After discussion, the vote was:  ayes—Bahl, Moody, Salm, Soukup; nays—none; absent—Gardiner.  Motion carried.

Bahl moved, seconded by Soukup, to approve the third consideration of Ordinance No. 04-19, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY QUARTER MOON FARMS INC. TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE I-1 INDUSTRIAL DISTRICT, subject to release of contingencies on the sale of the property.  After discussion, the vote was:  ayes—Bahl, Moody, Salm, Soukup; nays—none; absent—Gardiner.  Motion carried.

Moody moved, seconded by Soukup, to adopt Ordinance No. 04-19, subject to release of contingencies on the sale of the property.  After discussion, the vote was:  ayes—Bahl, Moody, Salm, Soukup; nays—none; absent—Gardiner.  Motion carried.

Proposals for Annual Audit.  Three responses were received from the Request for Proposal sent out for performing the City’s annual audit but the only bid received was from Greenwood & Crim PC, who has performed the City’s audit for the past six years.  Staff recommends accepting the Greenwood & Crim PC proposal.  Moody moved, seconded by Gahl, to approve the contract with Greenwood & Crim PC to perform the annual audit for FY04, FY05 and FY06.  After discussion, the vote was: ayes—Bahl, Moody, Salm, Soukup; nays—none; absent—Gardiner.  Motion carried.

C-2-B Highway Commercial District.  Soukup moved, seconded by Salm, to approve second consideration of Ordinance No. 04-24, AN ORDINANCE AMENDING THE ZONING CODE BY AMENDING SECTION 901.4, C-2-B HIGHWAY COMMERCIAL DISTRICT.  After discussion, the vote was: ayes—Bahl, Moody, Salm, Soukup; nays—none; absent—Gardiner.  Motion carried.

North Trail Extension.  Council discussed the pros and cons of several possible routes for the north trail extension.  After discussion, Soukup moved, seconded by Bahl, to approve the route from Scales Bend Road to Dubuque Street to the existing trail end at Penn Street.  The vote was: ayes—Bahl, Salm, Soukup; nays—Moody; absent—Gardiner.  Motion carried.

Maytag Project.  Bahl moved, seconded by Soukup, to hold a public hearing on incentives for Maytag warehouse project on May 11, 2004 at 7:00 p.m.  After discussion, the vote was:  ayes—Bahl, Moody, Salm, Soukup; nays—none; absent—Gardiner.  Motion carried.

Sanitary Sewer Trunk Extensions.  Council reviewed the proposed contracts with Shive Hattery to design a sanitary sewer trunk extension north along Muddy Creek from Cherry Street to serve development on the north side and a sanitary sewer trunk from Highway 965 west to serve development west of Jones Boulevard.  Salm reported that a citizen questioned how the City assures that it is getting a competitive rate for design services.  City Administrator reported that Shive Hattery’s rates are comparable with other engineering firms and their experience and knowledge of the project would give them an edge if RFPs were considered.  Also, planning for utility needs is an ongoing process with much of the preliminary work already completed by the time a project is ready for design.

Bahl moved, seconded by Soukup, to approve a contract with Shive Hattery for design of the north sewer trunk at a cost not to exceed $28,000.  After discussion, the vote was: ayes—Bahl, Moody, Salm, Soukup; nays—none; absent—Gardiner.  Motion carried.

Bahl moved, seconded by Soukup, to approve a contract with Shive Hattery for design of the west sewer trunk at a cost not to exceed $45,000.  After discussion, the vote was: ayes—Bahl, Moody, Salm, Soukup; nays—none; absent—Gardiner.  Motion carried.

James Van Allen Elementary.   City Administrator reported that the groundbreaking for the James Van Allen Elementary school groundbreaking ceremony will be held on April 29, 2004 at 1:30 p.m.

Old business.  Bahl reported receiving complaints from citizens about the language and behavior at the skate park.  Council suggested more police patrol and recommended that citizens call the police when events occur.

New Business.  Soukup reported receiving concerns about lead paint and asbestos during the house burn on Penn Street.

Paul Anderson reported drainage and standing water problems along 230th Street and on his property north of 230th Street, noting that the drainageway has not been cleaned for 100 years.  The developer to the south of Anderson’s property is attempting to get permission from Anderson  and Bill Young to clean the drainageway through their properties to alleviate the problem.

Lisa Green Douglas requested that a dead end sign be put up on 230th Street so people unfamiliar with the area would not end up in her driveway, citing an event where a semi-trailer truck got lost and had to turn around in her driveway.  She was generally concerned about safety because of the increased traffic on the gravel road.

Property Purchase.  Moody moved, seconded by Bahl, to hold a closed session to discuss property purchase.  After discussion, the vote was: ayes—Bahl, Moody, Salm, Soukup; nays—none; absent—Gardiner.  Motion carried.

Regular session resumed.

Moody moved, seconded by Soukup, to direct the City Administrator to proceed as directed.  The vote was: ayes—Bahl, Moody, Salm, Soukup; nays—none; absent—Gardiner.  Motion carried.

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