City Council Minutes August 24, 2004

August 24, 2004
No. 4

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, Gardiner, Moody, Salm, and Soukup.

Also present were Brian James, William J. Sueppel, Kevin Trom, Mary K. Mitchell, Travis Alden, Allen Merta, Karla Davis, Scott Andersen, Jason Harder, Duane Musser, Shawn Yoder, Amy Peterson, Dennis Keitel and interested citizens.

Consent Agenda.  Soukup moved, seconded by Bahl, to approve staff reports, renewal of Class C Beer and Sunday Sales permits for Liberty’s Gate HandiMart and Corridor Convenience, Telecommunication Commission minutes, City Council minutes of August 10, 2004, July receipts and payment of the attached list of claims.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Maytag Alexander Way RISE Project.  A public hearing was held on the plans, specifications, form of contract and estimate of cost for the Alexander Way/Penn Street Improvement project for Maytag.  No oral or written comments were received.  The public hearing was closed.  Bahl moved, seconded by Gardiner, to adopt Resolution No. 04-110, RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE ALEXANDER WAY IMPROVEMENT PROJECT.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

The following bids were received:
Metro Pavers                $ 726,011.73
Streb Construction            $ 731,196.93
Bockenstedt Excavating        $ 754,089.04
Gee Grading & Excavating        $ 755,086.63

City Engineer recommends acceptance of the low bid from Metro Pavers.  The Iowa Department of Transportation concurs with that recommendation.  Moody moved, seconded by Salm, to adopt Resolution No. 04-111, RESOLUTION AWARDING CONTRACT FOR THE ALEXANDER WAY IMPROVEMENT PROJECT.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Alexander Way Competitive RISE Application.  Council reviewed the proposed application to the Iowa Department of Transportation for competitive RISE funding for the balance of Alexander Way from the Maytag drive north to 240th Street.  Bahl moved, seconded by Soukup, to adopt Resolution No. 04-112, RESOLUTION AUTHORIZING THE SUBMITTAL OF A STATE RISE APPLICATION.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Housing Rehabilitation.  Amy Peterson, East Central Iowa Council of Governments, presented an overview of the Federal housing rehabilitation program.  The program provides grants or forgivable loans up to $24,999 to repair owner-occupied homes if owners meet income guidelines.  Peterson will work with a housing committee to identify homes and determine a targeted area.  A public hearing will be held prior to submittal of an application to HUD.  James Moody volunteered to represent the City Council on the housing committee.

Cahill Addition.  Council continued the review of the preliminary plat of Cahill Addition.  City Administrator reported that the gravel driveway that connects properties north of Cahill Addition to Scales Bend Road is a grade “B” County road as far west as the Cahill property line.  That drive then crosses Cahill property before continuing northwest.  Dennis Keitel stated that the developer will grant an easement for three property owners but does not want a public right-of-way across the northeast corner of Lot 120.  Developer will resolve prior to final platting.

Keitel also reported that a major drainage swale is planned to extend westward from the existing 42″ culvert under Scales Bend Road.  A 42″ culvert will also be required under the Close driveway.  Sanitary sewer facilities will be designed in cooperation with the property owner to the north who wants to develop that property.  Council also discussed the JCCOG recommendation for future turn lanes on Pheasant Court and Highway 965, the need for a 6′ sidewalk on the access to Fox Run Park and the vacation by Johnson County of a portion of the Scales Bend right-of-way along the east boundary of the subdivision.

Salm moved, seconded by Bahl, to adopt Resolution No. 04-94, RESOLUTION APPROVING THE PRELIMINARY PLAT OF CAHILL ADDITION, subject to resolution of the Scales Bend right-of-way, commitment to construct a 6′ sidewalk on the park access and providing right-of-way for future turn lanes, or turn lanes if traffic warrants, on Highway 965 and Pheasant Court.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Day Care Groups, Nursing Homes and Assisted Living Facilities Zoning.  Bahl moved, seconded by Gardiner, to approve second consideration of Ordinance No. 04-53, AN ORDINANCE AMENDING TITLE 17, ENTITLED “ZONING,” OF THE NORTH LIBERTY MUNICIPAL CODE BY AMENDING CHAPTER 9, “COMMERCIAL DISTRICT C-ZONES,” BY ADDING DAY CARE GROUPS, NURSING HOMES AND ASSISTED LIVING FACILITIES TO THE PERMITTED USES IN TABLES 9-C FOR THE C-2-A DISTRICT AND 9-D FOR THE C-2-B HIGHWAY COMMERCIAL DISTRICTS.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Liberty Medical and Commerce Center.  Mayor Pro Tem Soukup assumed the chair.  Council continued the discussion on the request of Shawn Yoder to rezone from C-2-A Highway Commercial to RM-12 Multi-Family Residential 14.9 acres of the Liberty Medical and Commerce Center.  The Planning and Zoning Commission recommends approval of the RM-12 zoning for 8.9 acres of the parcel with 6 acres to be conditionally zoned for assisted living and senior housing.  Developer, Shawn Yoder, stated that he plans for a mix of multi-family, senior housing and assisted living within the 14.9 acres of multi-family zoning and that he will proceed with a feasibility study to determine need for the assisted living facility.  Soukup asked whether zoning the entire 14.9 acres would prevent future expansion of the rehabilitation hospital.  Yoder stated that the current lot is sufficient for the hospital’s needs.  Moody moved, seconded by Salm, to approve first consideration of Ordinance No. 04-54, AN ORDINANCE AMENDING TITLE 17, ENTITLED “ZONING,” OF THE NORTH LIBERTY MUNICIPAL CODE TO CHANGE THE USE REGULATIONS ON 8.9 ACRES, OWNED BY LDR IOWA CITY LC, TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RM-12 MULTI-FAMILY RESIDENCE DISTRICT, and to approve first consideration of Ordinance No. 04-57, AN ORDINANCE AMENDING TITLE 17, “ZONING,” OF THE NORTH LIBERTY MUNICIPAL CODE TO CONDITIONALLY ZONE RM-12 MULTI-FAMILY RESIDENCE 6 ACRES, OWNED BY LDR IOWA CITY LC, TO BE USED FOR ASSISTED LIVING AND SENIOR HOUSING FOR A PERIOD OF TWO YEARS, AT WHICH TIME IT WILL REVERT TO C-2-A HIGHWAY COMMERCIAL IF IT IS NOT DEVELOPED FOR ASSISTED LIVING AND SENIOR HOUSING.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Mekota Zoning.  Bahl moved, seconded by Gardiner, to approve second consideration of Ordinance No. 04-55, AN ORDINANCE AMENDING TITLE 17 “ZONING,” OF THE NORTH LIBERTY MUNICIPAL CODE BY CHANGING THE USE REGULATIONS ON PROPERTY OWNED BY CLAIR S. MEKOTA AND JUDITH L. JOHNSON-MEKOTA TO THOSE SET FORTH IN THE NORTH LIBERTY MUNICIPAL CODE FOR THE ID INTERIM DEVELOPMENT DISTRICT.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Mayor Mekota resumed the chair.

Industrial Development Programs.  Council reviewed an economic development proposal that would provide for a property tax exemption for an industrial speculative shell building until it is occupied.  Bahl moved, seconded by Moody, to approve first consideration of Ordinance No. 04-112, AN ORDINANCE AMENDING TITLE 3, “REVENUE AND FINANCE,” OF THE NORTH LIBERTY CODE BY ADDING CHAPTER 3.10, “SPECULATIVE SHELL BUILDINGS,” TO ALLOW AN EXEMPTION FROM PROPERTY TAXATION FOR SPECULATIVE SHELL BUILDINGS.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Cemetery Board.  Moody moved, seconded by Soukup, to appoint Karyl Bonnett to the Cemetery Board for a term that continues to January 1, 2007.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Scales Bend Road Speed Limit.  Council discussed a request for a lower speed limit on Scales Bend Road through the Fox Run Subdivisions.  Staff will check with Chief Warkentin and the County to assist in determining the appropriate speed.

New Business.  Gardiner requested more enforcement of the speed limit on South Front Street.  Bahl concurred as the changes in school bus routes has resulted in more school bus stops on Front Street.

The Mayor asked the Council to consider enforcement by the City of subdivision covenants.  Council discussed the wide variance in covenants from none to somewhat restrictive and the problems inherent in enforcement of unequal requirements.  It was the consensus of the Council to investigate neighborhood standards.

Adjournment.  Bahl moved, seconded by Soukup, to adjourn the meeting at 8:20 p.m.  Motion carried.