City Council Minutes February 8, 2005

February 8, 2005
No. 15

The North Liberty City Council met in regular session in Council Chambers.  Mayor Pro Tem Bahl called a work session to order at 6:00 p.m.

FY06 Budget.  Council members reviewed the proposed capital expenditures for the fiscal year ending June 30, 2006.

Mayor Mekota called the regular session to order at 7:00 p.m.  Council members present: Bahl, Franker, Gardiner, Moody, and Salm.

Also present were Brian James, William J. Sueppel, Kevin Trom, Mary K. Mitchell, Travis Alden, Diedre Bello, Paul Osterholt, Duane Musser, Jason Harder, Scott Andersen, Karla Davis, Jere Wissink, Shane Vonnahme, Brian Hutchinson, Dennis Spencer, JR Brumley, Ron Bandy and interested citizens.

Consent Agenda.  Bahl moved, seconded by Franker, to approve staff reports, renewal of Class C Beer Permit with Carryout Wine for Fareway, Planning & Zoning Commission and Park & Recreation Commission minutes, City Council minutes of January 25, 2005 and payment of the attached list of claims.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Proclamation.  Mayor Mekota proclaimed February 14, 2005 to be SALUTE TO HOSPITALIZED VETERANS DAY in North Liberty.

Public comment.  Shane Vonnahme asked about the schedule for improvement of Forevergreen Road and installation of the traffic signal at Highway 965 and Forevergreen Road.  The Mayor stated that the paving project will be done by the City of Coralville and is scheduled to be completed before school starts in August 2005, and that the traffic signal at Highway 965 and Forevergreen Road will for sure be completed by that date.

Holiday Wrecker Conditional Use Permit.  Public hearing on was held on the application of Holiday Wrecker & Crane Service for a conditional use permit for outdoor storage of company vehicles, dealer vehicles, semi trailers and crane related equipment on Lot 23, Deerfield Fifth Addition.  A letter from Aaron and Megan Farnsworth, neighboring homeowners, opposing the conditional use was received.  The public hearing was closed.  The Planning & Zoning Commission recommends approval of the conditional use permit subject to installation of an 8-foot earth-tone chain-link screening fence with criss-crossed slats, to requiring all the trees shown on the plat be evergreen trees, to moving the two trees on the corner of 236th Street and Jones Boulevard back from the street to provide visibility for traffic at the intersection and to paving the designated parking area inside the fence.  Owner, Jere Wissink, agreed that there would be no storage of towed vehicles on the lot, only company vehicles and wreckers.

Salm moved, seconded by Moody, to adopt Resolution No. 05-06, RESOLUTION APPROVING A CONDITIONAL USE PERMIT BETWEEN THE CITY OF NORTH LIBERTY AND HOLIDAY WRECKER & CRANE SERVICE INC. THAT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH OUTDOOR STORAGE OF COMPANY VEHICLES AND EQUIPMENT WILL BE PERMITTED ON LOT 23, DEERFIELD FIFTH ADDITION, subject to an 8-foot fence with criss-cross slats or equal screening within the fence as approved by City Administrator.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Bahl moved, seconded by Moody, to direct City Attorney to prepare a Conditional Use Agreement.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Will-Haul Conditional Use Permit.  Public hearing was held on the application of Will-Haul for a conditional use permit to allow display of U-Haul trailers in the parking area of Lot 2, Lumber Addition.  No oral or written comments were received.  The public hearing was closed.  The Planning & Zoning Commission recommends approval of the conditional use permit.

Council discussed the proposal to use four parking spaces fronting Highway 965 for display of U-Haul vehicles and in exchange to add additional vehicle parking in the rear of the commercial units.  Mayor and Council members did not feel that outdoor display is appropriate along Highway 965.  Bahl moved, seconded by Gardiner, to adopt Resolution No. 05-07, RESOLUTION APPROVING A CONDITIONAL USE AGREEMENT BETWEEN THE CITY OF NORTH LIBERTY AND WILL-HAUL THAT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH OUTDOOR DISPLAY OF U-HAUL TRAILERS WILL BE PERMITTED ON LOT 2, LUMBER ADDITION.  After discussion, the vote was: ayes—none; nays—Bahl, Franker, Gardiner, Moody, Salm.  Motion failed.

Creekside Commons – Part Two.  Council reviewed the final plat of Creekside Commons – Part Two.  The Planning & Zoning Commission recommends approval of the plat subject to resolution of the name of the street because of the connection of Sadler Drive with Rachael Street.  Bahl moved, seconded by Gardiner, to adopt Resolution No. 05-09, RESOLUTION APPROVING PLAT AND SUBDIVISION OF CREEKSIDE COMMONS – PART TWO, subject to a recommendation from staff on the street name.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

A Resubdivision of Lot 10, I-380 Industrial Park.  Council reviewed the preliminary and final plats of A Resubdivision of Lot 10, I-380 Industrial Park.  The Planning & Zoning Commission recommends approval of the plats.  Salm moved, seconded by Bahl, to adopt Resolution No. 05-10, RESOLUTION APPROVING PRELIMINARY PLAT OF A RESUBDIVISION OF LOT 10, I-380 INDUSTRIAL PARK.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Bahl moved, seconded by Salm, to adopt Resolution No. 05-11, RESOLUTION APPROVING PLAT AND SUBDIVISION OF A RESUBDIVISION OF LOT 10, I-380 INDUSTRIAL PARK, NORTH LIBERTY, IOWA.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

West Lake Addition.  A public hearing was held on the request to rezone .12 acres from RS-6 Single Family to RD-10 Two-Unit Family and 20.23 acres from RM-12 Multi-Family to RD-10 Two-Unit Family residence district in the proposed West Lake Addition.  No oral or written comments were received.  The public hearing was closed.  The Planning & Zoning Commission recommends approval of the zoning request.

Council discussed the zoning request relative to the proposed preliminary plat of West Lake Addition.  The developer withdrew the preliminary plat from the agenda in order to address the Planning & Zoning Commission and staff comments.  Moody moved, seconded by Franker, to approve first consideration of Ordinance No. 05-06, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY CEDAR DEVELOPMENT TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RD-10 TWO-UNIT FAMILY RESIDENCE DISTRICT.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Second consideration of the zoning request will not be held until the preliminary plat is submitted.

Liberty View.  Council reviewed the preliminary and final plats of Liberty View.  The Planning & Zoning Commission recommends approval of the plats subject to the private drive name being the same on the preliminary and the final plats.  Moody moved, seconded by Bahl, to adopt Resolution No. 05-13, RESOLUTION APPROVING PRELIMINARY PLAT OF LIBERTY VIEW, subject to correction of the street name.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Moody moved, seconded by Gardiner, to adopt Resolution No. 05-14, RESOLUTION APPROVING THE PLAT AND SUBDIVISION OF LIBERTY VIEW, NORTH LIBERTY, IOWA.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Site Plan – Lot 5, Corridor Commercial Part 1-A.  Council reviewed the site plat for Lot 5, Corridor Commercial Subdivision Part 1-A.  The Planning & Zoning Commission recommends approval of the site plan subject to receipt of colored elevations of the building, a landscaping plan and a signage plan.

After reviewing the colored elevation of the building, Mayor Mekota stated that while he would really like to see the Sherwin-Williams store locate in North Liberty, the color and style of the proposed building do not meet the requirements of the restrictive covenants for the Corridor Commercial subdivision and are not compatible with the existing Jordan Village building.  Brian Hutchinson stated that split rock building is not inexpensive and he does not have much flexibility on the colors and style because it is part of the Sherman-Williams Paints branding.  He asked what specific changes would need to be made to the building to meet the subdivision standards.  Council directed Hutchinson to work with the City Administrator.  Moody moved, seconded by Bahl, to table action on the request.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Establish Tree and Storm Water Advisory Board.  Bahl moved, seconded by Franker, to approve third consideration of Ordinance No. 05-02, AN ORDINANCE AMENDING CHAPTER 2.21 ENTITLED “TREE BOARD,” OF THE NORTH LIBERTY MUNICIPAL CODE BY REPEALING CHAPTER 2.21 AND ADOPTING IN LIEU THEREOF A NEW CHAPTER 2.21 TO BE ENTITLED “TREE AND STORM WATER ADVISORY BOARD,” AND TO ADD STORM WATER ADVISORY DUTIES TO THE RESPONSIBILITIES OF THE BOARD.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Moody moved, seconded by Gardiner, to adopt Ordinance No. 05-02 After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Ordinance to Designate Through Streets.  Council reviewed the proposal to modify Ordinance No. 05-03 amending Municipal Code Section 10.28.010 “Through Streets Established,” to correct the descriptions of the existing through streets in addition to adding Herky Street as a through street and to start over with the first consideration of the ordinance because the changes are substantive.  Council discussed the locations where currently there are not all-way stops where through streets intersect and how that should be addressed in the ordinance.  The motion to approve first consideration was withdrawn.  Moody moved, seconded by Bahl, to table action on the ordinance.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Zoning District Map.  Bahl moved, seconded by Moody, to approve third consideration of Ordinance No. 05-01, AN ORDINANCE ADOPTING THE ZONING MAP SCHEDULE FOR THE CITY OF NORTH LIBERTY, IOWA, DATED DECEMBER 2004.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Bahl moved, seconded by Gardiner, to adopt Ordinance No. 05-01.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Mayor and City Council Salaries.  Bahl moved, seconded by Moody, to approve second consideration of Ordinance No. 05-04, AN ORDINANCE AMENDING CHAPTER 2.12, ENTITLED “OFFICERS’ SALARIES,” OF THE NORTH LIBERTY MUNICIPAL CODE BY REPEALING CHAPTER 2.12 AND ADOPTING IN LIEU THEREOF A NEW CHAPTER 2.12 TO ESTABLISH THE COMPENSATION OF THE MAYOR AT $5,000 PER YEAR AND THE COMPENSATION OF EACH CITY COUNCIL MEMBER AT $50 PER MEETING BEGINNING JANUARY 1, 2006.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody; nays—Franker, Salm.  Motion carried.

Telecommunications Infrastructure.  Council discussed the proposed “Residential Telecommunications Infrastructure Standards” proposed to be adopted.  Moody pointed out that the standard is quite extensive and the number of outlets required in each room seems extreme.  City Administrator stated that he will meet with builders before deciding which standards to enforce, suggesting that only the wire standard necessary to accommodate data, voice and video transmission be enforced now.

Dennis Spencer, representing the Home Builders Association, stated that they oppose passing an ordinance to set the wiring standard, but propose education of builders rather than adopting a new code.  Spencer said that he would invite South Slope to speak at the next meeting of the Home Builders Association.

Franker questioned why the Council would legislate a product that should be market driven and asked for further discussion of administration of the ordinance.

Bahl moved, seconded by Salm, to approve second consideration of Ordinance No. 05-05, AN ORDINANCE AMENDING TITLE 15, “BUILDINGS AND CONSTRUCTIONS,” OF THE NORTH LIBERTY MUNICIPAL CODE BY ADDING A NEW CHAPTER 15.34, “RESIDENTIAL TELECOMMUNICATIONS INFRASTRUCTURE STANDARDS,” TO ADOPT BY REFERENCE THE RESIDENTIAL TELECOMMUNICATIONS INFRASTRUCTURE STANDARDS SET FORTH BY THE TELECOMMUNICATIONS INDUSTRY ASSOCIATION.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Ron Bandy Driver Training.  Council considered the request of Ron Bandy to use the north Penn Meadows Park parking lot for motorcycle and moped driver safety classes.  Bandy stated that he would work around the summer ball schedule.  Moody moved, seconded by Gardiner, to approve the use of the north Penn Meadows Park parking lot providing that Bandy work with staff to determine when the lot is available.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.  The Mayor will sign a letter in support of Bandy’s Rider Education Program in North Liberty.

Wastewater Treatment Facility Improvements.  Bahl moved, seconded by Moody, to hold a public hearing on February 22, 2005, on the plans, specifications, form of contract and estimate of cost for the equalization basin and wastewater treatment facility improvements.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Board and Commission By-Laws.  Franker commended Osterholt on his rewrite of the section of the Planning & Zoning Commission by-laws concerning replacement of members not fulfilling their responsibilities.  Moody suggested that all of the City’s boards and commissions review their by-laws.

Closed Session.  Bahl moved, seconded by Gardiner, to hold a closed session for the performance evaluation of the City Engineer.  The vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Regular session resumed.  It was the consensus of the Council to hold a goal setting session on March 3, 2005 at 6:00 p.m.

Adjournment.  Franker moved, seconded by Moody, to adjourn the meeting at 8:50 p.m.  Motion carried.