City Council Minutes June 13, 2006
June 13, 2006
No. 28
Mayor Franker called the regular session to order at 7:00 p.m.
Council members present: Bahl, Kuhl, Moody, Salm, and Wozniak.
Also present were Brian James, Tracey Mulcahey, Kevin Trom, Travis Alden, Bill Mausser, Guy Goldsmith, Shelly Simpson, Tommy Haines, Dave Ramsey, Tom Palmer, Doug Lindner, Mary Buschmann, Rachel Gallegos, Judy Rugger, Cory Hodapp, Duane Musser, Jesse Burns, Jason Dumont, and other interested citizens.
Consent agenda. Kuhl moved, Moody seconded to approve Police Chief’s Report, Building Official’s Report, Street Superintendent’s Report, Park Superintendent’s Report, Recreation Director’s Report, Telecommunication Coordinator’s Report, Water Superintendent’s Report, Wastewater Superintendent’s Report, Planning and Zoning Commission minutes, Parks & Recreation Commission minutes, Telecommunications Commission minutes, Tree and Stormwater Board minutes, Yang Chow Wok Class C Liquor License renewal, Club 76 Class C Liquor License for July 11 – 15, 2006, Rugger’s Café Class B Beer Permit/Sunday sales license, Rookies Sports Bar and Grill Class C liquor license renewal with Sunday Sales privilege, City Council minutes from May 23, 2006 meeting and the attached list of bills with agenda item number 11, Discussion regarding Traffic Study from Grand North Plaza, being removed from the agenda. The vote was: ayes— Bahl, Kuhl, Moody, Salm, Wozniak; nays—none. Motion carried.
Public Comment.
None was offered.
Official Announcements.
None were made.
USTA – Check Award Presentation for Tennis Court Grant.
Mary Buschmann, the Executive Director of the Missouri Valley United States Tennis Association, presented a check for the USTA Tennis in the Parks grant in the amount of $58,850 for the construction of four new tennis courts in Penn Meadows Park to Parks Superintendent, Guy Goldsmith, and Recreation Director, Shelly Simpson.
MIS Report: Dave Ramsey, Wastewater Superintendent.
Wastewater Superintendent Dave Ramsey presented an update regarding the status of the wastewater treatment plant. Ramsey has hired one new staff person and anticipates hiring the second staff person in two to three weeks. In six months, the City’s lab should be certified for testing onsite. Discussion was held regarding the condition of the plant when Ramsey was hired versus the improved condition to date.
Tobacco Civil Penalties.
Bahl moved to approve Resolution Number 06-101, A Resolution Assessing a Civil Penalty against Quail Creek Golf Course, Pursuant to Iowa Code Section 453A.22, Kuhl seconded. The vote was: ayes – Wozniak, Moody, Salm, Bahl, Kuhl; nays – none. Motion carried.
Bahl moved, Moody seconded to approve Resolution Number 06-102, A Resolution Assessing a Civil Penalty against Penn Way Park, Pursuant to Iowa Code Section 453A.22. The vote was: ayes – Moody, Salm, Bahl, Kuhl, Wozniak; nays – none. Motion carried.
City of North Liberty Annex and Rezone Request.
Moody moved, Salm seconded to approve the second consideration of Ordinance Number 06-17, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property Owned by the City of North Liberty, Iowa, to those set forth in the North Liberty Municipal Code for the C-2-A Commercial District. The vote was: ayes – Kuhl, Wozniak, Moody, Bahl, Salm; nays – none. Motion carried.
Rugger’s Café.
City Administrator Brian James presented the conditional use request for outdoor seating request for restaurant establishment known as Rugger’s Café.
The public hearing was opened regarding the conditional use request for outdoor seating for dining at Rugger’s Café. No oral or written comments were received. The public hearing was closed.
Bahl moved, Moody seconded to approve Resolution Number 06-103, A Resolution Approving a Conditional Use Agreement between the City of North Liberty and Rugger’s Café Setting forth the Conditions Under Which Outdoor Seating for Dining will be Permitted on Property located at 420 Community Drive, North Liberty, Iowa. A clarification was made that outdoor service and consumption of alcohol will not be permitted. After discussion, the vote was: ayes – Moody, Salm, Bahl, Wozniak, Kuhl; nays – none. Motion carried.
Mid America Hobbies.
The Mayor opened the public hearing regarding the lease agreement with Mid America Hobbies. No oral or written comments were received. The public hearing was closed.
Kuhl moved, Salm seconded to approve Resolution number 06-100, A Resolution Approving the Lease Agreement between the City of North Liberty and Mid America Hobbies. After discussion, the vote was: ayes – Salm, Wozniak, Kuhl, Moody, Bahl; nays – none. Motion carried.
North Park.
Cory Hodapp of CJ’s Construction, the developer of North Park presented the developer’s agreement. He expressed concerns regarding the 240th Street assessment. Moody moved, Bahl seconded to table the North Park agenda item to the June 27, 2006 meeting for further clarification of the 240th Street assessment. After discussion, the vote was: ayes – Wozniak, Kuhl, Moody, Bahl, Salm; nays – none. Motion carried.
Jefferson Addition.
Duane Musser, MMS Consultants, and Jesse Burns, Burns and Burns, L.C., presented the amended preliminary plat for Jefferson Addition.
The Planning and Zoning Commission unanimously recommended approval of the amended preliminary plat. Staff recommended approval.
Salm moved, Bahl seconded to approve Resolution number 06-105, A Resolution Approving the Amended Preliminary Plat for Jefferson Addition. After discussion, the vote was: ayes – Kuhl, Salm, Wozniak, Moody, Bahl; nays –none. Motion carried.
Jefferson Point.
Duane Musser, MMS Consultants, and Jesse Burns, Jefferson Point Limited Partnership, presented the request for the Planned Area Development at 45 W. Jefferson Street. Burns reported the PAD will have 27 one-bedroom and 3 two-bedroom units, meal services, and medical services.
The Planning and Zoning Commission recommended approval of the Planned Area Development with the following conditions:
1. subject the old Planned Area Development being vacated
2. masonry component being added to the front of the building
3. approve the variance to the parking to allow 24 spaces instead of the 32 spaces required by code.
Salm moved, Kuhl seconded to approve the first consideration of Ordinance number 06-24, An Ordinance Approving the variances to the North Liberty Zoning Code set forth in the Planned Area Development Plan for Jefferson Point located at 45 W. Jefferson Street, North Liberty, Iowa with the following conditions:
1. subject the old Planned Area Development being vacated
2. masonry component being added to the front of the building
3. approve the variance to the parking to allow 24 spaces instead of the 32 spaces required by code.
After discussion, the vote was: ayes – Wozniak, Bahl, Moody, Salm, Kuhl; nays – none. Motion carried.
Lot 2, West Lake Addition.
Duane Musser of MMS Consultants presented the site plan for Lot 2, West Lake Addition.
The Planning and Zoning Commission recommended approval with the following conditions:
1. subject to spot elevations on walks through the driveways being provided
2. confirmation of owner’s name and authorization of the plat
3. correct lot line dimensions
4. engineer’s signature and seal
5. 2” caliper trees added to the parking.
Staff recommended approval with the amended version being received by the City today.
Bahl moved, Salm seconded to approve Resolution number 06-106, A Resolution Approving the Residential Development Site Plan for Lot 2, West Lake Addition, North Liberty, Iowa subject to the following conditions:
1. subject to spot elevations on walks through the driveways being provided
2. confirmation of owner’s name and authorization of the plat
3. correct lot line dimensions
4. engineer’s signature and seal
5. 2” caliper trees added to the parking.
After discussion, the vote was: ayes – Bahl, Moody, Salm; nays – Kuhl, Wozniak. Motion carried.
Goose Lake Estates.
Jason Dumont representing Devmont Estates presented the amended site plan for Goose Lake Estates. Dumont reported the amendments included changes in elevations and building layouts with a reduction of one unit.
The Planning and Zoning Commission recommended approval subject to the following conditions:
1. subject to the engineer’s signature and seal on the plat
2. show the proposed utility service.
Staff recommended approval.
Bahl moved, Salm seconded to approve Resolution number 06-107, A Resolution Approving the Amended Residential Development Site Plan for Goose Lake Estates, North Liberty, Iowa with the following conditions:
3. subject to the engineer’s signature and seal on the plat
4. show the proposed utility service.
After discussion, the vote was: ayes – Moody, Bahl, Salm; nays—Kuhl, Wozniak. Motion carried.
Liberty’s Gate, Part Nine, Lot One.
Duane Musser, MMS Consultants, presented the amended Planned Area Development for Liberty’s Gate, Part Nine, Lot One. The PAD is being revised to reduce the thirty foot setbacks to twenty-five feet.
The public hearing was opened regarding the amended Planned Area Development for Liberty’s Gate, Part Nine, Lot One. No oral or written comments were received. The public hearing was closed.
The Planning and Zoning Commission recommended approval subject to the following:
1. showing the existing street lights
2. revising the note on the plat to reflect 30 foot setbacks on the eight plex.
Staff indicated that the revised site plan had been submitted and recommended approval.
Bahl moved, Moody seconded to approve the first consideration of Ordinance number 06-25, An Ordinance Approving the Variances to the North Liberty Zoning Code set forth in the Planned Area Development Plan for Liberty’s Gate, Part Nine, Lot One, North Liberty, Iowa subject to the following items being included in the plan:
1. showing the existing street lights
2. revising the note on the plat to reflect 30 foot setbacks on the eight plex.
The vote was ayes—Kuhl, Bahl, Salm, Moody; nays – Wozniak. Motion carried.
West Lake Addition, Part Five B, Lot 94.
Duane Musser, MMS Consultants, presented the request of JDHP Development for a site plan for West Lake Addition, Part Five B, Lot 94 for multifamily housing adjacent to Kansas Avenue. The development has the capacity for 48 units, but 32 will be constructed including four-plex, three-plex, and duplex units.
The Planning and Zoning Commission recommends approval subject to the following conditions:
1. subject to placing the owner’s name on the plan and providing the owner’s authorization letter
2. show existing street lights
3. providing minimum low opening table.
Staff concurred.
Bahl moved, Salm seconded to approve Resolution number 06-108, A Resolution Approving the Residential Development Site Plan for West Lake Addition, Part Five B, Lot 94, North Liberty, Iowa subject to the following conditions: subject to placing the owner’s name on the plan and providing the owner’s authorization letter, show existing street lights, and providing minimum low opening table. The vote was: ayes—Bahl, Salm, Moody; nays – Wozniak, Kuhl. Motion carried.
Cedar Springs, Part 5.
Duane Musser from MMS Consultants and Brian James, City Administrator, presented the developer’s agreement for Cedar Springs, Part 5.
Salm moved, Moody seconded to approve Resolution number 06-110, A Resolution Approving the Developer’s Agreement between the City of North Liberty and Cedar Springs, LLC that sets forth the Terms and Conditions under which Cedar Springs, Part 5 will be developed in the City of North Liberty, Iowa. After discussion, the vote was: ayes – Kuhl, Salm, Moody, Bahl; nays – Wozniak. Motion carried.
Fox Valley.
Bahl moved, Salm seconded to approve the second consideration of Ordinance Number 06-22, An Ordinance amending the Zoning Code to change the use regulations on property owned by Fox Valley, Inc, located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the RM-8 Residential District with the following requirements: No buildings constructed for dwelling purposes upon the Property shall exceed four dwelling units.
1. No more than forty percent (40%) of the buildings constructed for dwelling purposes upon the Property shall contain four dwelling units. The four dwelling unit buildings shall be constructed in a “townhouse” style with a ground floor entry for each unit.
2. No more than forty percent (40%) of the buildings constructed for dwelling purposes upon the Property shall contain two dwelling units.
3. The remaining buildings constructed for dwelling purposes upon the Property shall contain at most one dwelling unit per building.
4. Buildings containing dwellings constructed upon the Property along the north boundary of the Property [in the proposed RM 8 district] shall be limited to one dwelling unit per building and each of such buildings containing dwellings shall be separated by sideyards averaging a combined twenty (20) feet.
5. The fronts of all buildings constructed for dwelling purposes upon the Property shall be at least seventy five percent (75%) brick and/or stone, except doors (including garage doors), windows and trim.
6. No buildings constructed for dwelling purposes upon the Property shall exceed two stories in height.
7. Each dwelling unit constructed upon the Property shall have access to a garage, which garage shall be at least a two stall garage.
After discussion, the vote was: ayes –Moody, Bahl, Salm; nays – Kuhl, Wozniak. Second consideration approved.
Fireworks Permit.
Moody moved, Bahl seconded to approve Resolution number 06-109, A Resolution Approving a Fireworks Permit for the Henley-Malmberg Wedding July 1, 2006 at South Slope. After discussion, the vote was: ayes – Moody, Wozniak, Bahl, Salm, Kuhl; nays – none. Motion carried.
Construction Site Runoff Ordinance.
Kevin Trom, City Engineer, and Tracey Mulcahey, Assistant City Administrator, presented the Construction Site Runoff Ordinance.
Bahl moved, Moody seconded to approve the first consideration of Ordinance number 06-26, An Ordinance Amending Title 13, “Water, Sewers, and Public Services” of the North Liberty Municipal Code by adding a new Chapter 13.50, “Construction Site Erosion and Sediment Control,” to Establish Rules and Regulations to control or eliminate storm water pollution along with soil erosion and sedimentation within the City of North Liberty. The vote was: ayes – Salm, Wozniak, Bahl, Moody, Salm; nays – none. Motion carried.
Roseberry Stop.
The public hearing regarding Roseberry Stop Planned Area Development was opened. No oral or written comments were received. The public hearing was closed.
Bahl moved, Salm seconded to approve third consideration and adoption of Ordinance number 06-18, An Ordinance Approving the Variances to the North Liberty Zoning Code Set Forth in the Planned Area Development Plan for Roseberry Stop located at 2797 Front Street South, North Liberty, Iowa with the submission of revised color elevations, the dumpster enclosures being removed, granting variance to raise the southwest corner of the development above the 100 year flood plain elevation to allow for the construction of the southerly three units in building four and the 100 year flood way limit line being reshaded correctly. The vote was: ayes – Kuhl, Moody, Salm, Bahl; nays – Wozniak. Motion carried.
Cedar Springs Rezoning.
Kuhl moved, Salm seconded to approve the third consideration and adoption of Ordinance number 06-19, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY CEDAR SPRINGS PARTNERS, LOCATED IN NORTH LIBERTY, IOWA, TO THOSE SET FORTH IN THE NORTH LIBERTY MUNICIPAL CODE FOR THE RS-4 DISTRICT (2.41 acres from RM-8). The vote was: ayes –Salm, Bahl, Wozniak, Moody, Kuhl; nays – none. Motion carried.
Kuhl moved, Moody seconded to approve the third consideration and adoption of Ordinance number 06-20, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY CEDAR SPRINGS PARTNERS, LOCATED IN NORTH LIBERTY, IOWA, TO THOSE SET FORTH IN THE NORTH LIBERTY MUNICIPAL CODE FOR THE RS-3 DISTRICT (2.14 acres from RS-4). The vote was: ayes –Moody, Bahl, Wozniak, Kuhl, Salm; nays—none. Motion carried.
Kuhl moved, Wozniak seconded to approve the third consideration and adoption of Ordinance number 06-21, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY CEDAR SPRINGS PARTNERS, LOCATED IN NORTH LIBERTY, IOWA, TO THOSE SET FORTH IN THE NORTH LIBERTY MUNICIPAL CODE FOR THE RS-4 DISTRICT (0.76 acres from RS-3). The vote was: ayes –Wozniak, Bahl, Kuhl, Moody, Salm; nays—none. Motion carried.
City Administrator.
City Administrator James provided Council with updates regarding the Fringe Area Agreement with the City of Coralville and Johnson County. Both agreements are ready for discussions to be started regarding amendments to the agreements. James presented a proposed timeline for revisions to the Coralville agreement with a completion date estimated at November 14, 2006. Discussion was also held regarding a meeting between a developer and property owners that may be annexed.
James presented information to Council regarding questions about pit bulls in the City limits. The City has animal and nuisance ordinances to enforce the issue of animals at large, but no ordinance limiting pit bulls, specifically, in the city
James addressed the issue of police salaries. The Police Chief and City Administrator have reviewed the salaries and will continue to do so on an annual basis to ensure that salaries are in line with the value and wage of other agencies.
Council Comments.
Councilman Kuhl commented on his enjoyment of Fun Days’ fireworks. He encouraged the Fun Days’ Committee to do similar activities next year.
Councilman Salm reported that there will be no Highway 965 meeting in June.
Councilman Moody stated that the Human Rights Ordinance for the City is on hold while Johnson County compiles information.
Councilman Wozniak reported that the JCCOG meeting regarding the Forevergreen Road extension will be held on June 28. Any citizen with concerns over the Forevergreen Road extension project should contact him. Wozniak was invited by Gordon Fisher to meet with Governor Vilsack and Congressman Boswell. He expressed concern to them regarding unfunded mandates.
Mayor Comments.
Mayor Franker reported that the North Liberty Committee of the Iowa City Area Chamber of Commerce will be hosting lunch on June 21 at noon at North Central Jr. High. The Mayor further reported that the Iowa City Community School District is discussing scenarios for the third traditional high school.
At 8:30 p.m., Moody moved to adjourn, Bahl seconded. All ayes. Motion carried.
Meeting adjourned.
