City Council Minutes July 26, 2005

July 26, 2005
No. 2

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: Franker, Gardiner, Moody and Salm.  Absent: Bahl.

Also present were Brian James, William J. Sueppel, Mary K. Mitchell, Travis Alden, Jim Wozniak, Cindy Diouf, Lesly Huffman, Hannah Fletcher, Priscilla Gomez-Stream, John Cunningham, Bill Young, Gary Watts, Kelly Beckler, Kevin Hochstetler, Bryon Willham, Mike Schmidt, Rob Pilaszewski, Brad Laures, Shawn Krantz and interested citizens.

Council met informally with candidates for the Planning & Zoning Commission vacancy at 6:50 p.m.

Consent Agenda.  Moody moved, seconded by Gardiner, to approve staff reports, renewal of Class C Liquor, Sunday Sales and Outdoor Sales permits for Eggy’s on Hwy 965, Telecommunications Commission minutes, City Council minutes of July 12, 2005, June receipts and payment of the attached list of claims, and to pull the renewal of Class C Beer, Class B Wine and Sunday Sales permits for Corridor Convenience from the consent agenda and discuss separately.  In response to the request for his reasons, Moody referred to the Police Chief’s memorandum regarding an incident that occurred during a compliance check by the Johnson County Sheriff’s Department.  After discussion, the vote was: ayes—Franker, Gardiner, Moody, Salm; nays—none; absent—Bahl.  Motion carried.

Moody moved, seconded by Franker, to table action on renewal of Class C Beer, Class B Wine and Sunday Sales permits for Corridor Convenience for further information from the Police Chief.  After discussion, the vote was: ayes—Franker, Gardiner, Moody, Salm; nays—none; absent—Bahl.  Motion carried.

Public Comment.  Priscilla Gomez-Stream asked about the status of the search for a new location for the MidAmerica Hobbies race track.  She noted that the reduced hours are very appreciated though the noise is a problem on race days.

Award of Excellence—Iowa Concrete Pavers Association.  John Cunningham presented an award to the developers, design engineers, City engineer and City inspector for the paving in Liberty Centre Parts One and Two that has been designated by the Iowa Concrete Pavers Association as one of the best paving projects in Iowa last year.

10,000 Hours Show.  Mike Schmidt explained that the 10,000 Hours Show is a concert produced for and with tickets available only to community volunteers who perform a minimum of 10 hours of community service at one or more community organizations.  It is one of the endeavors of The James Gang, a volunteer, non-profit organization that fosters community involvement.

Rob Pilaszewski reported on the cFree Wireless Network, another endeavor of The James Gang, that is working to bring free wireless internet access to public spaces in the Corridor.  Projects are currently underway in Cedar Rapids, Iowa City and Coralville.  He estimates a cost of $6-8,000 to provide wireless internet access in the public area around the Liberty Centre pond.

Highway 965/Forevergreen Road Temporary Traffic Signals.  The following bids were received for installing temporary traffic signals at the Highway 965/Forevergreen Road intersection.
Base Bid    Add’l Maintenance Fee
Dickinson Company        $15,838.00        $750/month
KWS Inc.            $18,000.00        $650/month
Kober Electric            $19,000.00        $100/month
Advanced Electrical        $28,685.00        $260/month

The contract specifies that the signals will be in place by August 31, 2005.  Snyder & Associates recommended acceptance of the bid from Dickinson Company.  Moody moved, seconded by Gardiner, to adopt Resolution No. 05-111, RESOLUTION ACCEPTING THE BID FROM DICKINSON COMPANY, INC. FOR INSTALLATION OF TEMPORARY TRAFFIC SIGNALS AT THE HIGHWAY 965 AND FOREVERGREEN ROAD INTERSECTION.  After discussion, the vote was: ayes—Franker, Gardiner, Moody, Salm; nays—none; absent—Bahl.  Motion carried.

West Penn Street 2005.  A public hearing was held on the plans, specifications, form of contract and estimate of cost for the West Penn Street 2005 project.  No oral or written comments were received.  The public hearing was closed.  Salm moved, seconded by Gardiner, to adopt Resolution No. 05-112, RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT FOR THE WEST PENN STREET 2005 PROJECT.  After discussion, the vote was: ayes—Franker, Gardiner, Moody, Salm; nays—none; absent—Bahl.  Motion carried.

The following bids were received for the 2005 West Penn Street project:

Streb Construction Co.        $411,985.15
All American Concrete        $446,097.00

City Engineer recommends acceptance of the low bid from Streb Construction.  Moody moved, seconded by Salm, to adopt Resolution No. 05-113, RESOLUTION ACCEPTING THE BID FROM STREB CONSTRUCTION FOR THE 2005 WEST PENN STREET IMPROVEMENT PROJECT.  After discussion, the vote was: ayes—Franker, Gardiner, Moody, Salm; nays—none; absent—Bahl.  Motion carried.

Penn Street Overlay District.  Moody moved, seconded by Gardiner, to approve second consideration of Ordinance No. 05-33, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CREATE A SPECIAL OVERLAY DISTRICT TO SET FORTH SPECIAL REQUIREMENTS FOR THE DEVELOPMENT OF PROPERTY ABUTTING PENN STREET.  After discussion, the vote was: ayes—Franker, Gardiner, Moody, Salm; nays—none; absent—Bahl.  Motion carried.

Moody moved, seconded by Gardiner, to suspend the rule requiring an ordinance to be considered on three different days.  It was determined that no applications are currently pending in the proposed overlay district.  After discussion, the vote was: ayes—Gardiner, Moody; nays—Franker, Salm; absent—Bahl.  Motion failed.

Creekside Commons Part Two.  Council reviewed the proposed Developer’s Agreement for Creekside Commons Part Two and the proposed trail plan that has been modified to delete the creek crossings shown on the approved preliminary plat and proposes that the trail crossing on Muddy Creek use the existing Lenane driveway.  The revised trail plan was reviewed and approved by the Park and Recreation Commission.  The Mayor felt the Agreement should state Epley’s commitment of $130,000 toward the construction of Ashley Court and the trail and his commitment that trees will be planted per his settlement agreement with the previous owner.  Franker moved, seconded by Salm, to defer action on the Developer’s Agreement until the items are resolved.  After discussion, the vote was: ayes—Franker, Gardiner, Moody, Salm; nays—none; absent—Bahl.  Motion carried.

Lenane Zoning.  Moody moved, seconded by Salm, to approve second consideration of Ordinance No. 05-30, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY FRANCIS X. LENANE AND CHRISTINE WOHLFORD-LENANE TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RM-8 MULTI-FAMILY RESIDENTIAL ZONING DISTRICT.  After discussion, the vote was: ayes—Franker, Gardiner, Moody, Salm; nays—none; absent—Bahl.  Motion carried.

Creekside Commons “Amended” PAD.  Moody moved, seconded by Gardiner, to approve the second consideration of Ordinance No. 05-29, AN ORDINANCE APPROVING THE AMENDMENTS TO THE ZONING CODE SET FORTH IN THE AMENDED PLANNED AREA DEVELOPMENT PLAN FOR CREEKSIDE COMMONS, NORTH LIBERTY, IOWA.  Franker repeated his concern about traffic on Front Street.  After discussion, the vote was: ayes—Gardiner, Moody, Salm; nays—Franker; absent—Bahl.  Motion carried.

Gardiner moved, seconded by Salm, to suspend the rule requiring an ordinance to be considered on three different days.  After discussion, the vote was: ayes—Gardiner, Moody, Salm; nays—Franker; absent—Bahl.  Motion carried.

Gardiner moved, seconded by Moody, to approve third consideration of Ordinance No. 05-29.  After discussion, the vote was: ayes—Gardiner, Moody, Salm; nays—Franker; absent—Bahl.  Motion carried.

Moody moved, seconded by Gardiner, to adopt Ordinance No. 05-29.  After discussion, the vote was: ayes—Gardiner, Moody, Salm; nays—Franker; absent—Bahl.  Motion carried.

Lots 1 & 2, I-380 Industrial Park.  Council reviewed an agreement with J.M. Swank Company that provides for an area to be designated for future parking if needed.  Gardiner moved, seconded by Moody, to approve the Agreement with the J.M. Swank Company.  After discussion, the vote was: ayes—Franker, Gardiner, Moody, Salm; nays—none; absent—Bahl.  Motion carried.

Gardiner moved, seconded by Moody, to adopt Ordinance No. 05-26, AN ORDINANCE APPROVING THE VARIANCES TO THE NORTH LIBERTY ZONING CODE SET FORTH IN THE AMENDED PLANNED AREA DEVELOPMENT PLAN FOR LOTS 1 & 2, I-380 INDUSTRIAL PARK.  After discussion, the vote was: ayes—Franker, Gardiner, Moody, Salm; nays—none; absent—Bahl.  Motion carried.

Drinks Liquor License.  Council discussed the request by Shawn Krantz for approval of a liquor license application for his new bar, Drinks, in Beaver Kreek Centre subject to completion of his building and the paperwork.  He believes that he can be ready to open prior to the next meeting.  Gardiner moved, seconded by Franker, to approve new Class C Liquor, Sunday Sales and Outdoor Sales permits for Drinks, located in Beaver Kreek Centre, subject to completion of the building and receipt of a Certificate of Occupancy, Health Department inspection and police record check.  After discussion, the vote was: ayes—Franker, Gardiner, Moody, Salm; nays—none; absent—Bahl.  Motion carried.

Dogs in Park Athletic Fields.  Council discussed the ordinance that would prohibit dogs within 50′ of any athletic field in a city park.  Gardiner moved, seconded by Salm, to approve first consideration of Ordinance No. 05-28, AN ORDINANCE AMENDING CHAPTER 9.10, ENTITLED “PARKS AND PLAYGROUND REGULATIONS,” OF THE NORTH LIBERTY MUNICIPAL CODE BY ADDING SECTION 9.10.010(R) TO PROHIBIT DOGS WITHIN 50′ OF ATHLETIC FIELDS.  After discussion, the vote was: ayes—Franker, Gardiner, Moody, Salm; nays—none; absent—Bahl.  Motion carried.

School Zone Speed Limit.  Council discussed the proposed ordinance to establish a school district zone for James Van Allen elementary on South Front Street and to set the speed limit for school zones at 25 mph.  Brad Laures, Van Allen principal, requested that the speed limit be lowered to 20 mph.  The Penn PTO president also requested the 20 mph speed limit.  A flashing light during school hours was also suggested.  Moody moved, seconded by Gardiner, to approve first consideration of Ordinance No. 05-34, AN ORDINANCE AMENDING CHAPTER 12.20, “SPEED LIMITS,” OF THE NORTH LIBERTY MUNICIPAL CODE TO SET THE SPEED LIMIT IN ANY BUSINESS AND SCHOOL DISTRICT AT 25 MPH AND TO ESTABLISH A SCHOOL DISTRICT SPEED LIMIT ON SOUTH FRONT STREET.  After discussion, the vote was: ayes—Gardiner, Moody, Salm; nays—Franker; absent—Bahl.  Motion carried.

Crossing Guard.  Council discussed the need for a crossing guard for the Front Street crosswalk at Abigail Avenue.  City Administrator estimated the cost at approximately $5,000 per year.   Moody moved, seconded by Gardiner, to approve hiring a School Crossing Guard for Van Allen Elementary.  After discussion, the vote was: ayes—Franker, Gardiner, Moody, Salm; nays—none; absent—Bahl.  Motion carried.

Planning & Zoning Commission.  Moody moved, seconded by Gardiner, to appoint Cindy Diouf to the Planning & Zoning Commission to fill a vacancy that will continue to December 31, 2007.  After discussion, the vote was: ayes—Franker, Gardiner, Moody, Salm; nays—none; absent—Bahl.  Motion carried.

Alexander Way RISE Project.  City Administrator reported that plans and bid documents for the RISE portion of Alexander Way were delivered to the City today.  Bids are to be received on August 23.

Old business.  Salm reported four vehicles with “For Sale” signs parked in the Hills Bank parking lot.  City Administrator will contact the bank.

Salm and Gardiner asked about the schedule for painting centerlines, etc. on Highway 965.

Franker invited the Council to attend the Transit Task Force meeting on Monday, August 15, at 6:30 p.m. in the Gerdin Conference Center to meet Mary Lawyer, the new director of the Iowa Department of Economic Development, who will speak on transit and economic development.

New Business.  Franker expressed concern that the informal meeting with the applicants for the Planning & Zoning Commission was not included on the agenda.  He suggested that the interviews be part of the regular session

Adjournment.  Moody moved, seconded by Franker, to adjourn the meeting at 8:35 p.m.  Motion carried.