City Council Minutes October 11, 2005

October 11, 2005
No. 11

The North Liberty City Council met in regular session in Council Chambers.  Mayor Pro Tem Bahl called the meeting to order at 7:00 p.m.

Council members present:  Bahl, Gardiner, Moody and Salm.

Also present were Brian James, Kevin Trom, Tracey Mulcahey, Travis Alden, Paul Osterholt, Janet Lyness, Bob Sentman, Bev Seelman,  Alan Marks, Kristine Ralston, Clair Mekota, Judy Mekota, Karla Davis, Jason Dumont, Duane Musser, Kevin Kidwell, Scott Anderson, Shawn Krantz, Lisa Gumper, Jim Mitchell, Mike Krantz, Martin Gaffey, Harold Cameron, Jerry Kasper, Suzanne Mitchell, Bruce Brechtel and interested citizens.

Consent agenda.  Moody moved, seconded by Salm, to approve, with amendments, staff reports, Resolution No. 05-172, accepting street lights in West Lake Addition Part Two, Resolution No. 05-173, accepting street lights in West Lake Addition Part Three, Planning & Zoning Commission, Telecommunication Commission, City Council minutes of September 27 and 29, 2005, and payment of the attached list of claims.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none; absent – Franker.  Motion carried.

Councilmember Franker arrived at 7:02 p.m.

Mayor Pro Tem Bahl presented former Mayor Clair Mekota with a token of appreciation for all his hard work.  Judy Mekota spoke in acknowledgement of her husband’s accomplishments.

Janet Lyness representing the Johnson County Coalition against Domestic Violence presented information regarding domestic violence awareness.  Lyness provided information regarding the Pat Meyer award given for persons who aid victims.  The presentation of this award will be October 18, 2005 at Uptown Bills.  On October 24, a Domestic Abuse panel will be hosted in Iowa City.  Lyness acknowledged North Liberty Police Department as being active in the Coalition against Domestic Violence.  Mayor Pro Tem Bahl proclaimed October as Domestic Violence Awareness Month.

Public Comment.
Creekside Commons. Citizens expressed concerns about traffic volumes in Creekside Commons. The representative from Creekside Commons, Kristine Ralston, expressed concerns on behalf of the residents of Vandello Lane and Vandello Circle.  She expressed concern over the 168 residential units using one exit.  She asked when Ashley Court would be extended.  City Administrator James stated that the developer is responsible for completing Ashley Court. The Developer’s Agreement for Creekside Commons Part Two is on Council’s agenda tonight.

Drinks.  Neighbors of the area surrounding Drinks offered concerns regarding the establishment.  Suzanne Mitchell expressed concerns about noise and foot traffic.  She requested consideration of a fence to control light, foot traffic and noise.  Drinks owner, Shawn Krantz stated that he did have a noise issue, but has worked hard to alleviate the issue. Lisa Gumper requested that police and the bar owner watch outdoor foot traffic through the park after 10 p.m.  Jim Mitchell asked what time the beer garden closes. He further stated that the beer garden does not create a tranquil home environment.  Mike Krantz stated that the parking lot is shared between the establishment and apartment tenants. He reported observing tenants creating noise in the parking lot and noise coming from the residential area.

Council requested that the neighbors and Krantz work together to find a solution to the issues and concerns.  If no solution can be reached, Council should be made aware.

MidAmerica Hobbies.  An adjacent property owner Priscilla Gomez- Stream inquired as to the progress in assisting  with relocation of the racetrack.  City Administrator James stated that if a renewal of the conditional use permit was requested, all adjacent property owners within 200 feet would be required to be notified with a public hearing.

Drinks.  Bruce Brechtel asked what had been decided about the bar noise from Drinks.  Councilmember Franker stated a meeting should be held with the owner and adjacent property owners to attempt to make necessary changes.  He requested staff to look at best practices across Iowa for noise ordinances with decibel measurement and specific distances.  City Administrator James was requested to provide an update at the next meeting.

Liberty’s Gate – Parts Nine & Ten. The preliminary plats of Liberty’s Gate– Parts Nine & Ten were presented.  The Planning & Zoning Commission recommends approval of the preliminary plats of Parts Nine and Ten with the note to restrict access on Lot 6 by prohibiting access from this lot to Kansas Avenue.  Moody moved, seconded by Gardiner, to adopt Resolution No. 05-174, RESOLUTION APPROVING PRELIMINARY PLAT OF LIBERTY’S GATE –PART NINE & TEN with the condition that Lot 6 be prohibited from accessing Kansas Avenue.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Public hearing was held on the application for amending the zoning classification from C-2-A Highway Commercial to C-1-B General Commercial for property in Liberty’s Gate subdivision, Parts Nine & Ten.  No oral or written comments were received.  The public hearing was closed.  The Planning & Zoning Commission recommends approval of the C-1-B General Commercial zone.

After discussion, Salm moved, seconded by Gardiner, to approve first consideration of Ordinance No. 05-45, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY LIBERTY’S GATE L.C. TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE C-1-B GENERAL COMMERCIAL DISTRICT. The vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Lot 1, Liberty’s Gate – Part Nine.  The preliminary Planned Area Development for Lot 1, Liberty’s Gate – Part 9 was presented.  The Planning & Zoning Commission has recommended approval with recommendations of moving the dumpster, changing the ten-plex to an eight-plex and moving the eight-plex to the required 35 foot setback.  The developer reported that the dumpster move has been completed.  Council made no further recommendations other than making the modifications as requested by the Planning & Zoning Commisision.

North Park.   The request of CJ’s Construction to annex and simultaneously zone I-1 Industrial property located north of 240th Street and west of CRANDIC railroad was presented.  The Planning & Zoning Commission recommend approval of this request.  Salm moved, Gardiner seconded to set the public hearing for October 25, 2005.  The vote was, ayes – Bahl, Franker, Gardiner, Moody, Salm; nays – none. Motion carried.

After discussion, Salm moved to approve the first consideration of Ordinance No. 05-46, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY CJ’S CONSTRUCTION TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE I-1 INDUSTRIAL DISTRICT.  The motion died for lack of a second.  Moody moved to table the remaining agenda items relating to North Park, First consideration of Ordinance No. 05-46, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY CJ’S CONSTRUCTION TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE I-1 INDUSTRIAL DISTRICT, Presentation of preliminary plat of North Park, and Resolution No. 05-175, RESOLUTION APPROVING THE PRELIMINARY PLAT OF NORTH PARK, Gardiner seconded.  The vote was, ayes – Bahl, Franker, Gardiner, Moody, Salm; nays – none. Motion carried.

North Dubuque Point.  The final plat of North Dubuque Point was presented.  The Planning & Zoning Commission moved to approve the final plat subject to the developer or subdivider getting approval for permit in the right-of-way.  Moody moved, seconded by Gardiner, to adopt Resolution No. 05-176, RESOLUTION APPROVING PLAT AND SUBDIVISION OF NORTH DUBUQUE POINTE, NORTH LIBERTY, IOWA.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none. Motion carried.

Park Meadow.  The concept plan for development of Park Meadow (Prizler’s Second Addition) was presented.  Council was asked for input regarding the concept. No recommendations were offered.

Conditional Use – Lots 5 & 6, Golf View Commercial Subdivision Part One.  The request for consideration of allowing conditional use of these lots was presented.  The agenda item was tabled at the Planning and Zoning Commission.  Council referred the issue back to Planning & Zoning with consideration by Council in November.

2005 Project Financing.  Council was presented with information on Capital Project Planning for fiscal year 2005 and beyond.  A work session will be held regarding capital project planning and prioritization in a November work session.

The public hearing on the proposal to enter into a loan agreement in a principal amount not to exceed $2,000,000 for street, sidewalk and trail improvements in Liberty Centre Park was held.  No oral or written comments were received.  The public hearing was closed.

Moody moved, Gardiner seconded to approve Resolution No. 05-179, RESOLUTION TAKING ADDITIONAL ACTION ON AND COMBINING LOAN AGREEMENTS AND FIXING THE DATE FOR THE SALE $3,500,000 OF GENERAL OBLIGATION URBAN RENEWAL CORPORATE PURPOSE BONDS. After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Gardiner moved, Moody seconded to approve Resolution No. 05-180, RESOLUTION AUTHORIZING THE SALE AND ISSUANCE OF $2,000,000 SEWER REVENUE BONDS.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Creekside Commons  – Part Two.  The developer’s agreement for Creekside Commons was presented.  Motion by Moody, second by Gardiner, to adopt Resolution No. 05-181, RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF NORTH LIBERTY AND STEPHEN EPLEY THAT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH CREEKSIDE COMMONS PART TWO WILL BE DEVELOPED IN THE CITY OF NORTH LIBERTY.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Jefferson Addition – Part Two.  The developer’s agreement for Jefferson Addition – Part Two was presented. Motion by Moody, second by Gardiner to adopt Resolution No. 05-182, RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF NORTH LIBERTY AND ROBERT P. BURNS THAT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH JEFFERSON ADDITION – PART TWO WILL BE DEVELOPED IN THE CITY OF NORTH LIBERTY.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Liberty Centre Part Five.   A status report on the improvements in Liberty Centre Part Five was offered.  Moody moved to approve Resolution No. 05-183, RESOLUTION ACCEPTING PROPERTY IMPROVEMENTS IN LIBERTY CENTRE – PART FIVE, NORTH LIBERTY, IOWA with a $2,500 escrow for items not completed, Gardiner seconded.  After discussion, the vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none. Motion carried.

Progress Park Part Three.  A status report on improvements in Progress Park Part Three was presented.  Salm indicated he would be abstaining from all votes relating to this item as he has been professionally involved in this project.  Franker moved to table this item. The motion died for lack of a second.  Moody moved to approve Resolution No. 05-184, RESOLUTION ACCEPTING PROPERTY IMPROVEMENTS IN PROGRESS PARK PART THREE with an escrow of $377,000 for the road and pond, Gardiner seconded.  After discussion the vote was:  ayes—none; nays – Bahl, Franker, Gardiner, Moody; abstain – Salm. Motion fails.

Devmont Estates.  This agenda item was not acted on as the previous item was defeated making this approval not possible.

Glynmor Addition.  Public comments were received regarding Glynmor Addition.  Franker moved to table the second consideration of Ordinance No. 05- 21, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY GLYNMOR LLC TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RS-3 SINGLE FAMILY RESIDENCE DISTRICT.  The motion died for lack of a second.  Moody moved to approve the second consideration of Ordinance No. 05- 21, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY GLYNMOR LLC TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RS-3 SINGLE FAMILY RESIDENCE DISTRICT, Salm seconded.  After discussion, the vote was:  ayes—Gardiner, Moody, Salm, Bahl; nays—Franker.  Motion carried.

Franker moved to table the second consideration of  Ordinance No. 05- 22, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY GLYNMOR LLC TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RS-4 SINGLE FAMILY RESIDENCE DISTRICT.
The motion died for lack of a second.  Moody moved, Salm seconded to approve the second consideration of Ordinance No. 05- 22, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY GLYNMOR LLC TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RS-4 SINGLE FAMILY RESIDENCE DISTRICT.  After discussion, the vote was:  ayes – Moody, Salm, Bahl; nays—Gardiner, Franker. Motion fails.

Aspen Ridge (North Liberty Pleasant Care).  Moody moved, Gardiner seconded to approve the third consideration of Ordinance No. 05-40, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY KENNETH AND MARILYN CAHILL 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, Salm seconded to adopt Ordinance 05-40, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY KENNETH AND MARILYN CAHILL 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.

CRANDIC Right-of-Way.  Moody moved, Salm seconded to approve the second consideration of Ordinance No. 05-43, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY THE CEDAR RAPIDS AND IOWA CITY (CRANDIC) RAILWAY TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE I-1 INDUSTRIAL DISTRICT. After discussion, the vote was:  ayes – Bahl, Franker, Gardiner, Moody, Salm; nays – none. Motion carried.

Parking Restrictions.  Salm moved, Franker seconded to approve the second consideration of Ordinance No. 05-41, AN ORDINANCE AMENDING CHAPTER 10.36, ENTITLED “STOPPING, STANDING AND PARKING,” OF THE NORTH LIBERTY MUNICIPAL CODE BY AMENDING SECTION 10.36.050 TO PROHIBIT PARKING ON WASHINGTON AVENUE. After discussion, the vote was:  ayes – Bahl, Franker, Gardiner, Moody, Salm; nays – none. Motion carried.

Penn Street Corridor.  The Corridor study was reviewed.  The intersections will be discussed further at a future work session. The Statement of Qualifications for engineering services for the concept plan and cost estimate for the Penn Street Corridor was presented.  Franker moved, Gardiner seconded to approve Resolution No. 05-185, RESOLUTION APPROVING CONTRACT FOR ENGINEERING SERVICES FOR CONCEPT PLAN AND COST ESTIMATE.  After discussion, the vote was:  ayes – Bahl, Franker, Gardiner, Moody, Salm; nays – none. Motion carried.

Beaver Kreek Park Addition.  The proposal to deed additional property to Beaver Kreek Park was presented.  Gardiner moved, Moody seconded to approve Resolution No. 05-187, RESOLUTION TO ACCEPT PROPERTY.  After discussion, the vote was:  ayes – Bahl, Franker, Gardiner, Moody, Salm; nays – none. Motion carried.

City Administrator.  City Administrator, Brian James, presented the revisions to the mileage reimbursement rate.  Franker moved, Gardiner seconded to adopt Resolution No. 05-186, RESOLUTION TO USE THE IRS MILEAGE RATE AS THE CITY’S RATE FOR MILEAGE REIMBURSEMENT.  After discussion, the vote was:  ayes – Bahl, Franker, Gardiner, Moody, Salm; nays – none. Motion carried.

Old Business.  None.

New Business. None.

Adjournment.  Moody moved, seconded by Gardiner, to adjourn the meeting at 10:26 p.m.  Motion carried.