City Council Minutes November 8, 2005

November 8, 2005
No. 13

The North Liberty City Council met in work session in Council Chambers.  Mayor Pro Tem Bahl called the work session to order at 6:30 p.m.

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

Also present were Brian James, Kevin Trom, Tracey Mulcahey, Travis Alden, Bill Nowysz,  Paul Osterholt, Erek Sittig, and other interested citizens.

Brian James and Bill Nowysz presented the preliminary designs for adaptive reuse and site improvements for 515 West Penn Street.  The concept involves remodeling and restoring the structure for use as a history and visitor’s center. The adaptive reuse of the building is estimated at $354,000.  Site and grounds improvements are estimated at $494,000 including parking lot installation.  James recommended establishing a community committee to plan the design and future of the structure.  Council recommended discussing the project again at a later date with recommendations for funding.

Mayor Pro Tem  Bahl called the regular session to order at 7:00 p.m.

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

Also present were Brian James, Kevin Trom, Tracey Mulcahey, Travis Alden, Bill Nowysz,  Paul Osterholt, Erek Sittig, Jason Harder, Duane Musser, Mickey Miller, Jesse Burns, Jeff Maxwell, Jason Dumont, Cory Hodapp, Kelly Thompson, Mike Cheney, other interested citizens.

Consent agenda.  Salm moved, seconded by Moody, to approve, City Council minutes from October 25, 2005, staff reports, Planning & Zoning minutes, Telecommunications Commission minutes, Parks & Rec Commission minutes, Class C Liquor permit for Club 76, letter from Mark Wyatt thanking the City for construction of bike accessible paths, and payment of the attached list of claims.  The vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Public Comment.  No public comment was offered.

National Hospice Month Proclamation.  Mayor Pro Tem Matt Bahl proclaimed November 2005 as National Hospice/Palliative Care Month.  Mickey Miller from Hospice spoke about Hospice’s offerings and encouraged all to consider planning for their future medical needs.

West Lake Subdivision, Part 3.  Staff provided an update regarding the improvements in West Lake Subdivision, Part 3. Trom reported that all improvements have been satisfactorily made except erosion control. He recommended an escrow of $5,000 for erosion control in this part.  Salm moved to approve Resolution 05-192 Accepting Property Improvements in West Lake Subdivision, Part 3 with a $5,000 escrow for erosion control.  Gardiner seconded.  The vote was:  ayes—Salm, Gardiner, Franker, Bahl, Moody; nays – none.  Motion carried.

West Lake Subdivision, Part 5A.  Staff provided an update regarding the improvements in West Lake Subdivision, Part 5A. Trom reported that all improvements have been satisfactorily made except erosion control. He recommended an escrow of $2,000 for erosion control in this part.  Moody moved to approve Resolution 05-193 Accepting Property Improvements in West Lake Subdivision, Part 5A with a $2,000 escrow for erosion control.  Gardiner seconded.  The vote was:  ayes—Gardiner, Franker, Bahl, Moody, Salm; nays – none.  Motion carried.

West Lake Subdivision, Part 7.  Staff provided an update regarding the improvements in West Lake Subdivision, Part 7. Trom reported that all improvements have been satisfactorily made except erosion control. He recommended an escrow of $5,000 for erosion control in this part.  Salm moved to approve Resolution 05-200 Accepting Property Improvements in West Lake Subdivision, Part 7 with a $5,000 escrow for erosion control.  Gardiner seconded.  The vote was:  ayes—Franker, Bahl, Moody, Salm, Gardiner; nays – none.  Motion carried.

Jefferson Point Ltd. Partnership.  Jesse Burns from Burns and Burns presented Jefferson Point Ltd. Partnership Service Enriched Housing. The proposed development will provide affordable, service enriched housing to elderly and disabled persons at 60% of area median income.  Burns and Burns is submitting applications for assistance to IDED and IFA.  Burns reported that this is a similar project to Emerson Point in Iowa City.  Council thanked Burns for bringing a project such as this to North Liberty.  Salm moved, Gardiner seconded to approve Resolution 05-205 Supporting Jefferson Point Ltd. Partnership in the City of North Liberty.  The vote was:  ayes—Bahl, Moody, Salm, Gardiner, Franker; nays—none.  Motion carried.

Saints Corridor Commercial Park.  Duane Musser and Jeff Maxwell presented the preliminary plat for Saints Corridor Commercial Park.  This is a revised preliminary plat for the development.   Planning & Zoning recommend approval of the revised preliminary plat with the following conditions:  the water main at the North end of Parker Place being connected to the water main at the lift station, a water and sewer agreement being completed with the developers of Progress Park, an eight foot walk being installed on both sides of Penn Street, and the previous preliminary plat being vacated.  Staff recommends approval with the following conditions:  planning for more IDOT right-of-way on Kansas Avenue and a developer’s agreement being completed.

Salm moved to approve Resolution 05-197 Approving the Preliminary Plat of Saints Corridor Commercial Park subject to a new developer’s agreement being drafted and approved and with Planning and Zoning’s recommendations being addressed.  Gardiner seconded.  After discussion, the vote was: ayes—Moody, Salm, Gardiner, Franker, Bahl; nays—none.  Motion carried.

Public hearing was held on the application for amending the zoning classification from I-1 to C-2-A Highway Commercial for the Saints Corridor Commercial Park. No oral or written comments were received.  The public hearing was closed.

The Planning & Zoning Commission recommends approval of the rezoning to C-2-A. Staff recommends approval as well.

Moody moved, Gardiner seconded to approve the first consideration of Ordinance 05-47, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property Owned by Saints Corridor Investment and Jeff Maxwell to those Set Forth in the North Liberty Zoning Code for the C-2-A Highway Commercial District.  The vote was:  ayes—Franker, Bahl, Moody, Salm, Gardiner; nays—none.  Motion carried.

Lumber Addition, Lot 1.  Public hearing was  held on the application for amending the zoning classification from I-1 to C-2-A Highway Commercial.  No oral or written comments were received.  The public hearing was closed.

Planning and Zoning recommended approval of the zoning change.  Staff recommended approval with the existing buildings and office annex being removed.

Gardiner moved, Salm seconded to approve the first consideration of Ordinance 05-48, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property Owned by Saints Corridor Investment and Jeff Maxwell to those set forth in the North Liberty Zoning Code for the C-2-A Highway Commercial District.  After discussion, the vote was: ayes—Bahl, Moody, Salm, Gardiner, Franker; nays—none. Motion carried.

Lots 5 & 6, Golf View Commercial Subdivision, Part One.  Public hearing was held on the request for Conditional Use Permit to allow rental of storage units on Lots 5 & 6, Golf View Commercial Subdivision.  No oral or written comments were received.  The public hearing was closed.

Planning and Zoning and staff recommend approval of the Conditional Use Permit.

Gardiner moved, Salm seconded to approve Resolution 05-178, A Resolution Approving a Conditional Use Agreement between the City of North Liberty and Martin Gaffey setting forth the conditions under which rental of mini-storage units will be permitted on Lots 5 & 6, Golf View Commercial Subdivision, Part One. Franker stated he would be abstaining from the vote due to a relationship with the applicant. Bahl stated that abstentions can only be valid when a financial interest is had by the Council member and no vote would be considered a yes vote.  After further discussion, the vote was:  ayes – Moody, Salm, Gardiner, Bahl; nays – none.  Franker voted present.  Motion carried.

Golf View Commercial Subdivision, Lots 5 & 6.  Planning and Zoning recommended approval of the commercial site plan for this development.  Staff recommends approval with a permit from the Army Corps of Engineers.  VJ Engineering reported that the permit has been applied for.   S

Salm moved, Gardiner seconded to approve Resolution 05-201 Approving the Commercial Development Site Plan for Lots 5 & 6, Golf View Commercial Subdivision.  After discussion, the vote was ayes—Salm, Gardiner, Bahl, Moody; nays – none.  Franker voted present. Motion carried.

Deerfield 5thAddition, Lot 25.  Jason Dumont and Duane Musser presented the site plan for Lot
25, Deerfield 5th Addition.  Planning and Zoning recommends approval.  Staff recommended approval with a buffer between industrial site and this lot which is shown on the plan.  Moody moved to approve Resolution 05-195, a Resolution Approving the Residential Development Site Plan for Lot 25, Deerfield 5th Addition.  Salm seconded.  The vote was:  ayes—Gardiner, Franker, Bahl, Moody, Salm; nays—none.  Motion carried.

Devmont Court, Lot 3.  Jason Dumont and Duane Musser presented the site plan for Lot 3, Devmont Court.  Planning and Zoning recommends approval with a permit from IDNR and placement of the sidewalk.  Staff requested walkways being connected from private to public and the public access easement needs to be prepared and recorded. Trom reported that the IDNR permit has been pulled for this project.

Moody moved to approve Resolution 05-199 Approving the Residential Development Site Plan for Lot 3, Devmont Court with the requirement that the private sidewalk be connected to the public sidewalk.  Gardiner seconded the motion.  After discussion, the vote was:  ayes – Franker, Bahl, Moody, Salm, Gardiner; nays – none.   Motion carried.

Liberty’s Bend 1st Addition.   The preliminary and final plat for this county subdivision was presented.  Planning and Zoning recommends approval subject to an 85 foot right of way on North Liberty Road, property owner agrees to waive right to oppose any future assessments for improvement required by the City, and preliminary and final plat requirements for the subdivision be waived.  Staff approves the development with concurrence with Planning and Zoning’s recommendations.

Salm moved to recommend Liberty’s Bend 1st Addition with Planning & Zoning’s recommendations.  Moody seconded.  The vote was:  ayes—Bahl, Moody, Salm, Gardiner, Franker; nays—none.  Motion carried.

North Park.  Moody moved, Gardiner seconded to approve the second consideration of Ordinance 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.  After discussion, the vote was:  ayes—Moody, Salm, Gardiner, Franker, Bahl; nays—none. Motion carried.

Staff presented an update regarding the items required to be completed by CJ’s Construction prior to the approval of the preliminary plat.  Moody moved to approve Resolution 05-175 Approving the Preliminary Plat of North Park with the requirement that the developer have a signed agreement with adjacent property owners concerning drainage and the retaining wall prior to the close of business on November 17, 2005.  Gardiner seconded.  After discussion, the vote was:  ayes—Bahl, Moody, Salm, Gardiner; nays—Franker.  Motion carried.

Liberty’s Gate – Parts Nine & Ten. Gardiner moved, Moody seconded by, to approve third 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.

Gardiner moved, Moody seconded to adopt Ordinance No. 05-45.  The vote was: ayes—Bahl, Franker, Gardiner, Moody, Salm; nays—none.  Motion carried.

Easement Agreements.  The negotiated permanent easements for sanitary sewer for 180 Front Street and 240 Front Street were presented.  Moody moved to approve the easements as amended.  Franker seconded.  The vote was:  ayes—Salm, Gardiner, Franker, Bahl, Moody; nays—none. Motion carried.

Special Event Permit.  Mike Cheney presented the request for a fireworks permit for November 19, 2005.  Gardiner moved, Moody seconded to approve the request for the fireworks permit.  The vote was:  ayes—Gardiner, Franker, Bahl, Moody, Salm; nays—none. Motion carried.

Fire Department—Pumper/Tanker Bid.  Members of the fire department presented the proposal to send out bids for a new pumper/tanker truck.  Moody moved to authorize the solicitation of bids for the new pumper/tanker truck.  Gardiner seconded.  The vote was:  ayes—Franker, Bahl, Moody, Salm, Gardiner; nays—none.  Motion carried.

City Administrator.
A.    Approval of recommendation from Planning & Zoning Commission regarding Housing Inventory Tables.  Moody moved, Salm seconded to approve the recommendation of the Planning and Zoning Commission regarding Housing Inventory Tables.  The vote was:  ayes—Bahl, Moody, Salm, Gardiner, Franker; nays—none.  Motion carried.
B.    Trash & Recycling Enclosures.  The ordinance has been approved by Planning and Zoning.  City staff and City attorney are working on language for ordinance. Council directed staff to move forward.
C.    Selling City Property at Auction. Staff is requesting direction for disposal of property including the Big A waste applier.  Council directed staff to pursue disposal of property at auction.
D.    Access for Green Meadows onto Zeller Street.  Duane Musser from MMS Consultants asked for Council direction regarding access for Green Meadows directly onto Zeller Street.  Council offered positive support for this direction.
E.    City Administrator James informed Council of a letter at their seats regarding the Glynmor Subdivision to the Johnson County Supervisors.

Old Business.  None.

New Business.   Moody expressed concerns regarding escrows for subdivisions.  Council requested staff investigate setting up deadlines.

Adjournment.  Moody moved, Gardiner seconded, to adjourn the meeting at 8:27 p.m.  Motion carried.