City Council Minutes April 8, 2008

North Liberty City Council
April 8, 2008

At 7:00 p.m., Mayor Salm called the regular council meeting to order.

Council members present: Chipman, Donahue, Hoffman, and Kuhl. Absent — Wozniak

Others present: City Administrator Ryan Heiar, City Attorney Scott Peterson, Assistant City Administrator Tracey Mulcahey, City Engineer Kevin Trom, City Planner Dean Wheatley, Bill Mausser, Arie Hovenkamp, Lori Lindner, Cindy Parsons, Duane Musser, Tom Palmer, Jason Harder and other interested citizens.

Approval of the Agenda. Chipman moved, Donahue seconded to approve the agenda. The vote was ayes – Donahue, Kuhl, Chipman, Hoffman; nays – none; absent – Wozniak. Motion carried.

Consent agenda. Hoffman moved Kuhl seconded to approve the Consent Agenda including department reports, Parks & Recreation Commission minutes, Planning and Zoning Commission minutes, Tree and Storm Water Board minutes, Telecommunications Commission minutes, City Council Minutes – Regular Meeting – March 25, 2008, Liquor License Renewal – LD Express Class C Beer-carryout wine-Sunday Sales, Library Confidentiality of Patrons Policy, and the attached list of bills. After discussion, the vote was: ayes – Hoffman, Kuhl, Chipman, Donahue; nays – none; absent – Wozniak. Motion carried.

Public Comment. No public comment was offered.

City Attorney Report. City Attorney Peterson reported that staff is putting in a substantial amount of time on development issues. This should be a significant help to all city development. Regarding Iowa Codification, Peterson thinks this is a good step for the city in terms of getting the ordinance book in a different form and updated.

City Engineer Report. City Engineer Trom reported on the following projects:
• Penn Street/ I-380 Project — Division 3 Agreement with IDOT still being drafted and should before Council before construction begins.
• Waste Water Treatment Plant Project – The next progress meeting scheduled for Thursday, April 17.
• ASR Well – The City has been working with the neighborhood. It appears that we are getting really close to having access easement.

City Administrator Report. City Administrator Heiar reported on the modification to the City’s SRF Loans. The rate has been reduced from 3.92% to 3.0% in June resulting in a savings of about $170,000 over the life of the loan.

On April 24, KCRG TV 9 will host Our Town Kickoff Meeting. The schedule is 7:30 breakfast and 8:00 program in the Gerdin Conference Center.

A fundraiser for RAGBRAI is scheduled for Thursday, April 10 at 11:30 a.m. at Southslope Conference Center. John Campbell from KCRG will be the keynote. The logo will be released at this event.

I-380/Penn Street Project. City Engineer Trom reported the results of the bid for the Penn Street Improvements project. The two bids received were from Metro Pavers – $1,240,455.34 and Streb Construction – $1,430,295.84. Shive Hattery recommends approval of Metro Pavers Bid.

Chipman moved, Kuhl seconded to approve Resolution Number 08-22, A Resolution Approving Agreement Between the City of North Liberty and Metro Pavers Company for the Penn Street Improvements (Herky Drive to Kansas Avenue) subject to receiving concurrence from IDOT. The vote was: ayes – Kuhl, Chipman, Donahue, Hoffman; nays—none; absent – Wozniak. Motion carried.

FY 07 Audit. City Administrator Heiar presented the findings of the audit from Fiscal Year 2007. Kuhl moved, Hoffman seconded to approve Resolution Number 08-18, A Resolution Accepting the Audit Report for Fiscal Year 2007 as completed by Greenwood and Crim, P.C. After discussion, the vote was ayes – Chipman, Donahue, Hoffman, Kuhl; nays – none; absent – Wozniak. Motion carried.

Strategic Planning Report. Donahue moved, Hoffman seconded to approve Resolution Number 08-23, A Resolution Accepting the Strategic Plan Prepared by the Institute of Public Affairs for the City of North Liberty for FY 09. After discussion, the vote was: ayes –Hoffman, Kuhl, Chipman, Donahue; nays – none; absent – Wozniak. Motion carried.

Animal Ordinance Revisions. At 7:19 p.m., the Mayor opened the public hearing regarding the revisions to the City’s animal ordinances. No oral or written comments were received. The public hearing was closed.

Kuhl moved, Donahue seconded to approve the First consideration of Ordinance Number 08-19, An Ordinance Amending the Pet Ordinance. After discussion, the vote was: ayes – Hoffman, Kuhl, Donahue, Chipman; nays – none; absent – Wozniak. Motion carried.

NAPA Auto Parts Site Plan Amendment. Cindy Parsons, attorney for the applicant, made the applicant’s Presentation regarding the proposed revisions to the approved front elevation of the NAPA Auto Parts building on lot 23, Corridor Commercial Addition, Part 2A. Duane Musser made presentation regarding the project. The owner of the building, Dominic Mininni, presented information regarding his store versus other stores. Lee Brucken, General Auto Parts Co. spoke regarding NAPA’s requirements in other areas for building materials. Mininni presented materials, photographs, and information regarding the building and materials.

Council asked questions of the applicant. The Council discussed the application and the requirements of the construction.

The Planning and Zoning Commission recommended denial of this request.

Hoffman moved to approve Resolution Number 08-24. The motion died for lack of second.

Kuhl moved, Donahue seconded to affirm the recommendation of denial of the Planning and Zoning Commission’s recommendation. After discussion, the vote was: ayes – Chipman, Kuhl; nays – Hoffman, Donahue; absent – Wozniak. Motion failed.
Chipman moved, Donahue seconded to approve Resolution Number 08-24, A Resolution Approving the Amended Commercial Development Site Plan for Lot 23, Corridor Commercial Addition, Part 2A, North Liberty, Iowa with the façade being repainted to match the brick, a $1,000 fine to be paid within thirty days, the project completed within sixty days, and a temporary occupancy permit issued until complete. After discussion, the vote was: ayes – Kuhl, Hoffman, Donahue, Chipman; nays – none; absent – Wozniak. Motion carried.

Linder Tire Site Plan. Brian Crawford, McClure Engineering, and John Linder, Linder Tire, made the applicant’s Presentation of request of Marsha J. Linder to approve a site plan for an addition to the existing Linder Tire building at 55 Commercial Drive, proposed Auditors Parcel #2007131.

The Planning and Zoning Commission recommended approval of the application as submitted.

Staff recommended approval.

Discussion was held regarding storage of used tires in outdoor holding area. Consensus was to ask the Board of Adjustment to consider requiring a cover on the area.

Donahue moved, Hoffman seconded to approve resolution Number 08-25, A Resolution Approving the Commercial Site Plan for 55 Commercial Drive, North Liberty, Iowa. After discussion, the vote was: ayes – Donahue, Hoffman, Kuhl, Chipman; nays – none; absent – Wozniak. Motion carried.

Cedar Estates Subdivision Preliminary and Final Plat. Duane Musser made the applicant’s presentation of request of Tim and Kevin Lehman to approve a preliminary and final plat for Cedar Estates subdivision to Johnson County, located generally east of the Cedar Springs additions. This subdivision is outside the corporate limits but within the 2-mile extraterritorial plat review jurisdiction of the city.

The Planning and Zoning Commission recommended approval of this application with the requirement that an agreement regarding annexation being completed with the owner of the property that is maintained with the property.

Wheatley reported regarding the annexation agreement.

Chipman moved, Kuhl seconded to approve resolution Number 08-26, A Resolution Approving the Preliminary and Final Plat of Cedar Estates Subdivision. After discussion, the vote was: ayes – Kuhl, Donahue, Chipman, Hoffman; nays – none; absent – Wozniak. Motion carried.

Harold Cameron Rezoning Request. Kuhl moved, Donahue seconded to approve the third Consideration and adoption of Ordinance 08-12, An Ordinance Amending the Zoning Ordinance to change the Use Regulations on Property Owned by Harold Cameron, located in North Liberty, Iowa, to those set forth in the North Liberty Municipal Code for the RS-6 District. The vote was: ayes – Donahue, Chipman, Hoffman, Kuhl; nays – none; absent – Wozniak. Motion carried.

West Village Subdivision. Jason Harder and Duane Musser made the applicant’s presentation for the concept plan of West Village.

The Planning and Zoning Commission recommended approval of the concept plan with the following conditions: 1. Park dedication participation. It is reasonable for this area to contain park facilities. Land surrounding ponds may make up most of this land, but an approximately 40-acre area should be identified for a future community park that the city may acquire. It should be located and planned such that residential development can occur if a park proves to be infeasible. The developer has shown a potential park location on the concept plan. 2. Trail development. A trail development plan, linking parks and other west side features, needs to be part of the concept plan. The developer has shown this network on the concept plan. As plats progress, we will need to determine the exact configuration of each trail segment (wide sidewalk, roadway lane, separate trail, other). 3. Major street corridor design (Jones, Alexander, Zeller, St. Andrews). Develop cross-sections and design details to include trail corridors (on-street, separate, combination), berming and landscaping, and limited driveway access. Staff and the developer will need to work together on future plats to create street features that will help control speeds and create pleasant environments while providing the traffic capacity necessary. 4. General street design over the development area with: a. Maximum 600’ – 800’ blocks; b. Curved and offset-intersection streets whenever possible to reduce speed and adds visual interest; Staff and the developer will work to ensure that these basic residential design standards are met. 5. Intersections of major, collector, and connector streets that include: a. Aesthetic treatment such as boulevards, colored concrete, special lighting. b. Safe and effective accommodations for pedestrians and trail users, including refuges in boulevards at major intersections, or other similar features. c. Consideration for roundabouts at the following intersections: Alexander Way and Zeller, and Alexander Way and St. Andrews; Cameron Way and Zeller, and Cameron Way and St. Andrews. Major street intersections can become a dangerous and intimidating place for pedestrians. Staff and the developer will incorporate low maintenance and pedestrian-friendly features. 6. Traffic calming measures for long blocks or straight-line streets where traffic might exceed neighborhood speeds because of the lack of friction factors such as curves, intersections, street trees, or others. 7. Extension of streets up to adjoining properties, to promote good circulation, which has been addressed on the concept plan. 8. Potential for a neighborhood commercial area, oriented to neighborhood commercial uses, well buffered, and connected to the neighborhood trail network. This idea was not well developed in the concept plan because the developer has no intent to incorporate non-residential development at this time; however, potential areas are identified at 3 intersection locations. Rezonings and plats will need to provide significantly more detail. 9. Entrance treatments at neighborhood edges, mostly at intersections, and mostly accomplished with intersection design measures. This issue has not been addressed on the concept plan, but will need to be considered during plat processing. Some of these features have been included on the concept plan, and some are development standards that apply more to individual plats as they are developed with increased levels of detail. The city will continue to work closely with the owner and developers to incorporate more sophisticated trail plans and neighborhood place-making ideas into this area as it develops. General development issues that will need to be considered by the developer as this area builds include the following: 10. Phasing. Public infrastructure needs for the entire area must be addressed as phases of the total Cameron property develop. The owner and developers will need to be aware of those improvements and their costs so that each phase can be financially feasible considering the
amount of public infrastructure falling within its area, even if that infrastructure is not necessary for that particular phase. This is one of the reasons the city required an overall concept plan – to help understand those upcoming needs. Issues include parks, trails/wide sidewalks, stormwater management facilities, sanitary sewer and water extensions and upgrades, and major street improvements. 11. Off-site Improvements. In some cases, development of future phases may require improvements, beyond those within a plan under review at the time, to serve the increasing number of residents in this area. For example, St. Andrews Drive is not planned to be improved in the near future, but if development progresses from west to east with St. Andrews Drive as a main access, we may reach a point when no further phases are approved by the city until St. Andrews is upgraded all the way east to Jones Boulevard. Similarly, storm water management will be required as development progresses, and at some point off-site improvements may need to be made to serve particular phases if they are not well planned. 12. Neighborhood. The owner and developer need to consider how this large area can be developed with a unique identity (or a number of areas each with a unique identity) that will be special to its residents and to the city of North Liberty. This issue can be addressed in a number of ways, such as through street patterns and features, zoning district distribution, special features such as trails and parks, housing types, design and building material covenants, special gateways or signage, or others. As phases progress, the city may impose certain requirements to address this provision. 13. Bus pullouts should be included.
Wheatley presented information regarding the proposed concept plan.

Donahue moved, Hoffman seconded to approve Resolution Number 08-27, A Resolution approving the concept plan for West Village with the above listed terms and conditions. The vote was: ayes –Hoffman, Chipman, Donahue, Kuhl; nays – none; absent – Wozniak. Motion carried.

Donahue moved, Hoffman seconded to approve Resolution Number 08-28, A Resolution Approving the Agreement Between the City of North Liberty and Harder Investment and Harold W. Cameron that sets forth the terms and conditions under which West Village Subdivision will be developed in the City of North Liberty, Iowa subject to full execution of the agreement by the developer and property owners. After discussion, the vote was: ayes – Chipman, Hoffman, Kuhl, Donahue; nays – none; absent – Wozniak. Motion carried.

Discussion was held regarding the Preliminary Plat of West Village.

The Planning and Zoning Commission recommended approval of the Preliminary Plat application for West Village subject to Lot 1 meeting Zoning Ordinance bulk requirements at the time of final platting, That a Preliminary Plat Agreement is executed by City Council concurrently with approval of the preliminary plat, that includes provisions for completing trail and planting obligations at West Lake; payment to the city for storm water capacity use at West Lake for this development; payment of sanitary sewer hookup fees; payment of developer’s share of future St. Andrews Drive reconstruction; improvements on Outlot A; and previous and future wetlands obligations. Improvements on Outlot A include a parallel parking flare-out 8 feet in depth and approximately 150 feet in length, a sidewalk behind and parallel to the parking area, a 10 foot trail from the West Lake Trail to a mid-block crossing point to match up with the trail easement on the east side of Sunset Drive, and a park identification sign as specified by the Parks Department for installation in the park, similar to the Quail Creek Park sign.

Wheatley offered information regarding the non zoned property on the north end that was proposed for multi-family development.

Hoffman moved, Chipman seconded to approve Resolution Number 08-29, A Resolution approving the Preliminary plat for West Village Subdivision, North Liberty, Iowa with the above listed conditions and subject to execution of preliminary plat agreement and to acceptable rezoning of property on the north of the plat. After discussion, the vote was: ayes – Hoffman, Kuhl, Donahue, Chipman; nays – none; absent — Wozniak. Motion carried.

Codification. Kuhl moved, Donahue seconded to approve Resolution Number 08-30, A Resolution Approving the Agreement between the City of North Liberty and Iowa Codification for Codification Services. After discussion, the vote was: ayes –Chipman, Hoffman, Kuhl, Donahue; nays – none; absent – Wozniak. Motion carried.

North Liberty RAGBRAI® Mayor Salm made the presentation of North Liberty RAGBRAI request for start up funds for the event.

Kuhl moved, Chipman seconded to approve Resolution Number 08-31, A Resolution Authorizing the City Contribution for North Liberty RAGBRAI Start Up funds. After discussion, the vote was: ayes – Chipman, Hoffman, Kuhl, Donahue; nays – none; absent – Wozniak. Motion carried.

Post Construction Stormwater Runoff Control Ordinance. Donahue moved, Chipman seconded to approve the third consideration and adoption of Ordinance Number 08-11, An Ordinance Amending Chapter 13 of the North Liberty Municipal Code adding Section 13.23, “Post-Construction Stormwater Runoff Control Ordinance.” The vote was: ayes –Kuhl, Hoffman, Donahue, Chipman; nays – none; absent – Wozniak. Motion carried.

RAGBRAI® Ordinance. Chipman moved, Hoffman seconded to approve the third consideration and adoption of Ordinance No. 08-17, An Ordinance Amending Section 5.12 in the Code of Ordinances of the City of North Liberty and Entitled “RAGBRAI – Miscellaneous Permits” The vote was: ayes – Kuhl, Hoffman, Donahue, Chipman; nays – none; absent – Wozniak. Motion carried.

Outdoor Eating Establishments Ordinance Amendment. Kuhl moved, Hoffman seconded to approve the third consideration and adoption of Ordinance Number 08-14, An Ordinance amending Chapter 5 of the North Liberty Municipal Code Regarding Outdoor Eating Establishments. The vote was: ayes – Donahue, Chipman, Wozniak, Kuhl, Hoffman; nays – none. Motion carried.

Old Business. Peterson recognized Tom Palmer for his work in subdivision and development activity. Kuhl inquired about transportation development strategy. He requested a work session with represenative from Shive Hattery to consider this. Kuhl would like to see better accesses across town.

New Business. Chipman inquired if anyone going to Des Moines for League of Cities? There will not be a work session in April. Donahue asked about resolution of nuisance relating to noise. The issue has been resolved between the police department and neighbor. Discussion was held regarding monitoring of noise. Hoffman reported Muddy Creek Clean Up, Saturday April 19 and RAGBRAI fundraiser at Southslope on 4/10.

At 9:00 p.m., Chipman moved, Kuhl seconded to adjourn. All ayes. Meeting adjourned.