City Council Minutes August 9, 2005

August 9, 2005
No. 3

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.  Bahl arrived at 7:35 p.m.

Also present were Brian James, Kevin Trom, Mary K. Mitchell, Travis Alden, Paul Osterholt, Lesly Huffman, Duane Musser, Kevin Hochstetler, Jason Dumont, Mike Hodge, Rob and Sally O’Rear, Faye and Jeff Murguia, Jenny Garner, Steve Epley, Jason Harder, Judy and Jeff Rugger, John Moreland, Priscilla Gomez-Stream, Deana Kerschen, Dennis Henderson and interested citizens.

Consent Agenda.  Franker moved, seconded by Salm, to amend the agenda to move discussion of the school zone speed limit and the request for contribution to the Van Allen Elementary school playground equipment to the front of the agenda, to approve staff reports, renewal of Class C Beer and Sunday Sales permits for Gasby’s Amoco, renewal of Class C Liquor and Sunday Sales permits for Café Brown Bottle, Planning & Zoning Commission minutes, Telecommunications Commission minutes, City Council minutes of July 26, 2005 and payment of the attached list of claims.  After discussion, the vote was: ayes—Franker, Gardiner, Moody, Salm; nays—none; absent—Bahl.  Motion carried.

Corridor Convenience Beer/Wine Permits.  Council discussed the police report regarding comments made by a Corridor Convenience employee to a customer regarding liquor purchase for a minor.  City Administrator reported that no charges will be filed.  Franker moved, seconded by Moody, to approve renewal of Class C Beer, Class B Wine and Sunday Sales permits for Corridor Convenience.  After discussion, the vote was: ayes—Franker, Gardiner, Salm; nays—Moody; absent—Bahl.  Motion carried.

DevMont Estates.  Jason Dumont presented the final plat of DevMont Estates.  The Planning & Zoning Commission recommends approval of the plat subject to a requirement that the developer chip seal 240th Street from Alexander Way west to the western most access to DevMont Estates.  Council reviewed the proposed Developer’s Agreement.  Council agreed that the seal coat requirement is for a one time application.  Moody moved, seconded by Gardiner, to adopt Resolution No. 05-114, RESOLUTION SETTING FORTH THE TERMS AND CONDITIONS UNDER WHICH DEVMONT ESTATES WILL BE DEVELOPED IN THE CITY OF NORTH LIBERTY.  After discussion, the vote was: ayes—Franker, Gardiner, Moody, Salm; nays—none; absent—Bahl.  Motion carried.

Moody moved, seconded by Gardiner, to adopt Resolution No. 05-115, RESOLUTION APPROVING PLAT AND SUBDIVISION OF DEVMONT ESTATES.  After discussion, the vote was: ayes—Franker, Gardiner, Moody, Salm; nays—none; absent—Bahl.  Motion carried.

Arlington Ridge.  The public hearing on the request of Robert Barker, Dean Oakes, Mike Hodge, Prime Ventures Construction and Carter Kudrle to rezone property from ID Interim Development to RS-4 Single Family Residence and RS-6 Single Family Residence districts was continued.  No oral or written comments were received.  The public hearing was closed.  The Planning & Zoning Commission recommends approval of the requested zoning.

Council reviewed the preliminary plat of Arlington Ridge.  Franker suggested that Penn Ridge Place be made a U-shaped street rather than a cul-de-sac.  Hochstetler replied that two or three lots would be lost with that configuration.  City Administrator reported that the green space and trails plan was presented and approved by the Park Board.  The plan includes purchase by the City of approximately 3.33 acres at the northwest corner of the subdivision.  A plan for extra-wide sidewalks on the through streets was discussed.  The Planning & Zoning Commission recommends approval of the preliminary plat subject.

Bahl arrived at 7:35.  Gardiner moved, seconded by Moody, to approve first consideration of Ordinance No. 05-31, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY ROBERT BARKER, DEAN OAKES, MIKE HODGE, PRIME VENTURES CONSTRUCTION AND CARTER KUDRLE TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RS-4 SINGLE FAMILY RESIDENCE DISTRICT.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Moody moved, seconded by Salm, to approve first consideration of Ordinance No. 05-32, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY ROBERT BARKER, DEAN OAKES, MIKE HODGE, PRIME VENTURES CONSTRUCTION AND CARTER KUDRLE TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RS-6 SINGLE FAMILY RESIDENCE DISTRICT.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Council discussed items to be included in the developer’s agreement.  The Planning & Zoning items and the requirement for extra-wide (6′) sidewalks to provide east-west and north-south connections will be included.

Bahl moved, seconded by Gardiner, to adopt Resolution No. 05-116, RESOLUTION APPROVING THE PRELIMINARY PLAT OF ARLINGTON RIDGE, subject to a trail connection to the north of Outlot F, a street light at East Penn and Juniper Streets, a 60-foot right-of-way on Penn Ridge Place, private ownership of all outlots except Outlots H & G, drainage from Outlot F to discharge between Lots 171 and 172, no direct access to Dubuque nor Penn Streets except for the existing access from Lot 12 and six-foot sidewalks from the east end of Radcliff to Juniper to Kensington to Whitman and from the east end of Hemmingway to Juniper to Dubuque.  Franker expressed concern about the number of new subdivisions and the number of residential lots being developed and the City’s ability to provide services.  The Mayor reported that planning for services has been an ongoing process and cited the sewer trunk and treatment plant expansion that is underway and the new water tower planned for the west side.  Franker suggested a meeting with Iowa City and Clear Creek schools and Johnson County.   After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—Franker.  Motion carried.

School Zone Designation and Speed Limit.  Bahl moved, seconded by Salm, to approve second 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 NEW SCHOOL DISTRICT ZONE ON SOUTH FRONT STREET.  Citizens spoke in favor of lowering the speed to 20 mph to increase safety for school children.  After discussion, the vote was: ayes—Gardiner; nays—Bahl, Franker, Moody, Salm.  Motion failed.

It was the consensus of the Council to hold a special meeting on August 16th to amend the proposed ordinance to set the speed limit in a school zone at 25 mph with a 20 mph speed limit between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday and to adopt the ordinance prior to the start of school.

Van Allen Elementary School Playground.  The Van Allen Elementary PTO requests a donation of $5,000 for playground equipment.  The Mayor noted that the City has already been billed approximately $16,000 for the soccer fields at Van Allen and has already provided many free hours of City staff time and equipment in installing the playground equipment, all of which were non-budgeted items.  A motion to commit $4,000 over the next two years was withdrawn.  Council also discussed the playground equipment needs for Penn Elementary.  Supt. Laures has proposed that, as an option, the City purchase and install four outdoor basketball hoops.  The school’s estimate of cost is $1,500 each, installed.  Moody moved, seconded by Franker, that the City purchase and install four basketball hoops at Van Allen Elementary.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Aspen Ridge.  The preliminary plat of Aspen Ridge that was amended to address wetlands requirements was reviewed by Council.  The Planning & Zoning Commission recommends approval of the amended preliminary plat subject to approval of the Wetland Mitigation Plan by the Corps of Engineers, relocation of the access easement to between Lots 29 &30, agreement that the developer will construct turn lanes on Highway 965 at Pheasant Lane, a note on the plat noting whether each stormwater detention basin is dry or wet bottom and a fence agreement with Jim Sartain.  Dennis Henderson reported that he has talked with both adjoining property owners regarding fence agreements and drainage easements since the P&Z meeting.  The Developer’s Agreement will address construction of the Highway 965 turn lanes, an impact fee for Scales Bend Road, sizing of the sewer lift station and wide sidewalks along collector streets.

Public hearing was held on the request of Kenneth and Marilyn Cahill to conditionally rezone 5.08 acres of their property from RS-4 Single Family Residence to RM-12 Multi-Family Residence district for nursing home and assisted living uses.  No oral or written comments were received.  The public hearing was closed.  The Planning & Zoning Commission recommends approval of the conditional zoning subject to clarification of the legal description.  Bahl moved, seconded by Moody, to approve first consideration of Ordinance No. 05-35, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CONDITIONALLY CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY KENNETH CAHILL AND MARILYN CAHILL TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RM-12 MULTI-FAMILY RESIDENCE DISTRICT FOR NURSING HOME AND ASSISTED LIVING USES ONLY.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Bahl moved, seconded by Gardiner, to adopt Resolution No. 05-117, RESOLUTION APPROVING THE “AMENDED” PRELIMINARY PLAT OF ASPEN RIDGE, subject to the items to be included in the Developer’s Agreement.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—Franker.  Motion carried.

Moody moved, seconded by Franker, to table action on the final plat of Aspen Ridge.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Corridor Commercial Subdivision.  A Public hearing was held on the request to rezone the eastern half of Corridor Commercial Subdivision from C-2A Highway Commercial to RM-12 and RM-8 Multi-Family Residence districts and RD-10 Two-Unit Family Residence districts.  No oral or written comments were received.  The public hearing was closed.

Mike Hodge presented a preliminary plat of Corridor Commercial Subdivision that has been amended to accommodate the City’s request that Ashley Court be extended to the CRANDIC right-of-way for future connection to Creekside Commons.  He also presented a concept plan of how the area will be developed that includes multi-family and zero-lot homes with a community center, trails and green space with recreation facilities.  The west half of Corridor Commercial Subdivision will remain commercial.  The Planning & Zoning Commission recommends approval of the RM-12, RM-8 and RD-10 zoning but recommends that the four lots abutting Forevergreen Road remain commercial.

Salm moved, seconded by Moody, to set a public hearing for August 23, 2005, on the proposed amendment to the Future Land Use Map for Planning District No. 6 to add residential uses on the east half of Corridor Commercial Subdivision.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Bahl moved, seconded by Gardiner, to approve first consideration of Ordinance No. 05-36, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY NORTH LIBERTY SOD FARM L.C. TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RM-12 MULTI-FAMILY ZONING DISTRICT.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Bahl moved, seconded by Gardiner, to approve first consideration of Ordinance No. 05-37, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY NORTH LIBERTY SOD FARM L.C. TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RM-8 MULTI-FAMILY ZONING DISTRICT.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Bahl moved, seconded by Gardiner, to approve first consideration of Ordinance No. 05-38, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY NORTH LIBERTY SOD FARM L.C. TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RD-10 MULTI-FAMILY ZONING DISTRICT.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Council discussed conditions of development.  Bahl moved, seconded by Gardiner to adopt Resolution No. 05-118, RESOLUTION APPROVING THE “AMENDED” PRELIMINARY PLAT OF CORRIDOR COMMERCIAL SUBDIVISION subject to including in the Developer’s Agreement the following: 1) removal of the existing metal building when the area is graded or within 24 months, whichever is earlier; 2) development of a 30-foot buffer between the commercial and residential areas; 3)an 8-foot sidewalk along the north side of Forevergreen Road, with the City paying 50% of the cost in exchange for the right-of-way needed for paving Forevergreen Road; and 4) construction of a turn lane along Highway 965 from Sarah Court to Forevergreen Road at the same time as the Highway 965/Forevergreen Road intersection is constructed.  Franker expressed concern about the number of units being added and the speed limit on Highway 965.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—Franker.  Motion carried.

Lenane Zoning.  Bahl moved, seconded by Gardiner, to approve third consideration of Ordinance No. 05-30, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATION 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 RESIDENCE DISTRICT.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Moody moved, seconded by Gardiner, to adopt Ordinance No. 05-30.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Rugger’s Café.  Council reviewed the site plan for Rugger’s Café that includes a first floor restaurant with second story apartments.  They discussed the 4-5′ grade difference between the Rugger’s Café parking lot and the Community Center parking lot that results from the grade of Community Drive.  The Planning & Zoning Commission recommends approval of the site plan subject to removal of the stairs connecting the parking lots.  Moody moved, seconded by Salm, to adopt Resolution No. 05-119, RESOLUTION APPROVING THE SITE PLAN FOR RUGGER’S CAFÉ, subject to elimination of the stairs between the parking lots and the applicant working with the City Engineer to lower the site elevation of Rugger’s Café to minimize the grade difference between the parking lots.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Creekside Commons Part Two.  Council discussed the proposed Developer’s Agreement for Creekside Commons Part Two with Steve Epley and specifically clarified responsibility for the installation of the proposed trail.  Moody moved, seconded by Bahl, to adopt Resolution No. 05-76, RESOLUTION SETTING FORTH THE TERMS AND CONDITIONS UNDER WHICH CREEKSIDE COMMONS PART TWO WILL BE DEVELOPED IN THE CITY OF NORTH LIBERTY, and specifically stating that the trail, as shown on the Preliminary Trail Design drawing dated July 2, 2005, will be installed by the developer except for the connection to the future Front Street underpass that will be installed by the City.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

West Lake Addition.  Council reviewed the Developer’s Agreement for West Lake Addition and discussed the developer’s responsibility to seal coat 270th Street, to remove waste from the West Lake lift station until the west trunk sewer construction is complete, and to pay a sanitary sewer connection fee.  Developer feels the City should be responsible to seal coat 270th Street because the City will pay for all the 270th Street improvements if the City exercises the option to purchase the outlots for park land.  The Mayor recommended that the Developer’s Agreement not be approved because infrastructure work has been completed in West Lake Addition Part Two without approved construction plans and without inspections.  Bahl moved, seconded by Franker, to defer action until construction plans have been approved.  After discussion, the vote was: ayes—Bahl, Franker; nays—Gardiner, Moody, Salm.  Motion denied.

City Engineer reported that the construction plans for West Lake Part One have been approved and the developer does have permission to grade in Part Two.  However, some infrastructure construction has been started.  Moody moved, seconded by Franker, to table action on the Developer’s Agreement until August 16 so that the final draft can be reviewed.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Progress Park Improvements.  City Engineer reported on the status of the improvements in Progress Park Part Two and recommended an escrow of $16,500 for completion of the remaining items.  Franker moved, seconded by Salm, to adopt Resolution No. 05-120, RESOLUTION ACCEPTING PROPERTY IMPROVEMENTS IN PROGRESS PARK – PART TWO, subject to payment of the escrow amount.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

City Engineer reported on the status of the improvements in Progress Park Parts Four and Five and recommended an escrow of $28,800 for completion of the remaining items.  Moody moved, seconded by Bahl, to adopt Resolution No. 05-105, RESOLUTION ACCEPTING PROPERTY IMPROVEMENTS IN PROGRESS PARK – PART FOUR, subject to payment of the escrow.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Moody moved, seconded by Bahl, to adopt Resolution No. 05-122, RESOLUTION ACCEPTING PROPERTY IMPROVEMENTS IN PROGRESS PARK – PART FIVE.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Dogs in Park Athletic Fields.  Bahl moved, seconded by Moody, to approve second consideration of Ordinance No. 05-28, AN ORDINANCE AMENDING CHAPTER 9.10, “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—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Penn Street Overlay District.  Moody moved, seconded by Gardiner, to approve third 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—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Gardiner moved, seconded by Bahl, to adopt Ordinance No. 05-33.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Holiday Wrecker Conditional Use Agreement.  Council reviewed the Conditional Use Agreement for Holiday Wrecker to permit outdoor storage on Lot 23, Deerfield Fifth Addition.  Bahl moved, seconded by Gardiner, to adopt Resolution No. 05-124, RESOLUTION APPROVING A CONDITIONAL USE AGREEMENT BETWEEN THE CITY OF NORTH LIBERTY AND HOLIDAY WRECKER & CRANE SERVICE INC. THAT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH OUTDOOR STORAGE WILL BE PERMITTED ON LOT 23, DEERFIELD FIFTH ADDITION.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Owner-Occupied Housing Rehabilitation Program.  Council reviewed the proposal from ECICOG to prepare an application for CDGB Housing Funds for rehabilitation of some qualified owner-occupied housing in North Liberty.  Moody moved, seconded by Bahl, to adopt Resolution No. 05-125, RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF NORTH LIBERTY AND THE EAST CENTRAL IOWA COUNCIL OF GOVERNMENTS FOR THE PREPARATION OF A CDBG HOUSING FUND APPLICATION.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Traffic Safety Improvement Program (TSIP).  Council discussed the proposal to apply for Traffic Safety Improvement Program funds for a portion of the cost of the realignment of and improvements to the Highway 965/Fairview Lane/Golf View Drive intersection.  Moody moved, seconded by Franker, to adopt Resolution No. 05-126, RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR TRAFFIC SAFETY FUNDING FOR THE REALIGNMENT OF THE GOLF VIEW DRIVE AND FAIRVIEW LANE INTERSECTIONS WITH HIGHWAY 965 AND INTERSECTION IMPROVEMENTS, INCLUDING TURN LANES AND SIGNALS.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Hackberry/Juniper Sidewalk Connection.  City Administrator reported that the school has requested that a sidewalk be constructed to provide a connection between Hackberry & Juniper Streets for children walking to school.  The property owners have requested to wait a year or two until after a building is constructed on the site so that the new sidewalk will not be damaged by the construction.  Bahl moved, seconded by Franker, to require the sidewalk installation and to proceed with an assessment project if necessary.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Old Business.  Salm suggested that the Penn Meadows Park trail be improved from gravel to asphalt to comply with the City standards.

Gardiner noted that the grass along the sidewalk connection from Juniper Court to Beaver Kreek Park has not been mowed.  Moody also noted other lots that need to be mowed.

Adjournment.  Moody moved, seconded by Bahl, to adjourn the meeting at 10:40 p.m.  Motion carried.