December 10, 2002 No. 11

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1 December 10, 2002 No. 11 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: Bahl, Bandy, Dorst, Gardiner and Soukup. Also present were Brian James, William J. Sueppel, Kevin Trom, Mary K. Mitchell, Laura Noth, Steve Riley, Diedre Bello, Tom Salm, Mark Robe, Pat Guard, Natlie Wilkerson, John Lohman, Duane Musser, Michael Leick, Jenny Garner, Eric Sittig, Kelly Sittig, Margie Jones, Nancy Hale, Lewis Wright, Michael Boatman, Dennis Henderson, Gary Werle and interested citizens. Consent Agenda. Dorst moved, seconded by Gardiner, to approve staff reports, Planning & Zoning Commission minutes, resolution assessing delinquent amounts to property taxes, November receipts, payment of attached list of claims and City Council minutes of November 26, After discussion, the vote was: ayes Bahl, Bandy, Dorst, Gardiner, Soukup; nays none. Motion Iowa City Community School District Bond Referendum. Pat Guard and Jenny Garner outlined the Iowa City Community School District's needs for elementary and junior high school buildings and improvements to existing facilities. After discussion, Soukup moved, seconded by Bahl, to adopt Resolution No , RESOLUTION IN SUPPORT OF THE IOWA CITY COMMUNITY SCHOOL DISTRICT BOND REFERENDUM IN THE APPROXIMATE AMOUNT OF $39,000,000. The vote was: ayes Bahl, Bandy, Dorst, Gardiner, Soukup; nays none. Motion Liberty's Gate Part Seven. Council reviewed the final plat of Liberty's Gate Part Seven. The Planning & Zoning Commission recommended approval of the final plat. After discussion, Dorst moved, seconded by Bahl, to direct the City Attorney to prepare a Developer's Agreement. The vote was: ayes Bahl, Bandy, Dorst, Gardiner, Soukup; nays none. Motion Soukup moved, seconded by Bahl, to adopt Resolution No , RESOLUTION APPROVING PLAT AND SUBDIVISION OF LIBERTY'S GATE PART SEVEN, NORTH LIBERTY, IOWA. After discussion, the vote was: ayes Bahl, Bandy, Dorst, Gardiner, Soukup; nays none. Motion

2 Page 2 Penn Heights Part Three. A pubic hearing was held on the request to zone property located east of Penn Heights Parts One and Two from ID Interim Development district to RS-6 Single Family Residence district. No oral or written comments were received. The public hearing was closed. A concept plan of lot layout was reviewed and the timing of construction of a second access was discussed. The Planning & Zoning Commission recommended approval of the zoning request. Dorst moved, seconded by Soukup, to approve the first consideration of Ordinance No , AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY GEORGE AND CONSTANCE FROHWEIN AND DAVID AND JOAN PARSONS TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RS-6 SINGLE FAMILY RESIDENCE DISTRICT. Bandy stated that he thought RS-4 zoning would be more appropriate. After discussion, the vote was: ayes Bahl, Dorst, Gardiner, Soukup; nays Bandy. Motion Council reviewed the preliminary plat of Penn Heights Part Three and discussed whether the number of lots to be platted should be limited until a second access is in place. Dorst moved, seconded by Bandy, to defer action until a discussion can be held with adjoining property owners regarding construction of the second access road. The vote was: ayes Bandy, Dorst; nays Bahl, Gardiner, Soukup. Motion failed. Bahl moved, seconded by Soukup, to approve the preliminary plat of Penn Heights Part Three. After discussion, the vote was: ayes Bahl, Gardiner, Soukup; nays Bandy, Dorst. Motion Lot 9, North Liberty Commercial Park Amended Planned Area Development. A public hearing was held on a proposed amendment to the Planned Area Development plan for Lot 9, North Liberty Commercial Park. No oral or written comments were received. The public hearing was closed. Developer proposes to build two 12-plex residential units with garages at the north part of Lot 9 in place of the commercial buildings with upstairs apartments. The Planning & Zoning Commission recommended approval of the amended plan with a requirement for concrete curb and gutters. After discussion, Dorst moved, seconded by Soukup to approve the first consideration of Ordinance No , AN ORDINANCE APPROVING THE AMENDED PLANNED AREA DEVELOPMENT PLAN FOR LOT 9, NORTH LIBERTY COMMERCIAL PARK, NORTH LIBERTY, IOWA, subject to the plan meeting design standard requirements for concrete curb and gutters and to the drives meeting Fire Code access requirements. The vote was: Bahl, Dorst, Gardiner, Soukup; nays Bandy. Motion North Liberty Urban Renewal Area. A public hearing was held on a proposed amendment to the area of the North Liberty Urban Renewal Area. No oral or written comments were received. The public hearing was closed. The Planning & Zoning Commission has recommended approval of the amendment. Dorst moved, seconded by Bahl, to adopt Resolution No , RESOLUTION TO DECLARE NECESSITY AND AMEND AN URBAN RENEWAL AREA PURSUANT TO SECTION OF THE CODE OF IOWA AND APPROVE THE 2002 AMENDMENT TO THE NORTH LIBERTY URBAN RENEWAL AREA AND URBAN

3 Page 3 RENEWAL PLAN. After discussion, the vote was: ayes Bahl, Bandy, Dorst, Gardiner, Soukup; nays none. Motion Bahl moved, seconded by Soukup, to approve the first consideration of Ordinance No , AN ORDINANCE PROVIDING FOR THE DIVISION OF TAXES LEVIED ON TAXABLE PROPERTY IN THE 2002 AMENDMENT TO THE NORTH LIBERTY URBAN RENEWAL AREA, PURSUANT TO SECTION OF THE CODE OF IOWA. After discussion, the vote was: ayes Bahl, Bandy, Dorst, Gardiner, Soukup; nays none. Motion Soukup moved, seconded by Bahl, to suspend the rule requiring an ordinance to be considered on three different days. After discussion, the vote was: ayes Bahl, Bandy, Dorst, Gardiner, Soukup; nays none. Motion Dorst moved, seconded by Bahl, to approve the second consideration of Ordinance No The vote was: ayes Bahl, Bandy, Dorst, Gardiner, Soukup; nays none. Motion Soukup moved, seconded by Bahl, to approve the third consideration of Ordinance No The vote was: ayes Bahl, Bandy, Dorst, Gardiner, Soukup; nays none. Motion Bahl moved, seconded by Soukup, to adopt Ordinance No After discussion, the vote was: ayes Bahl, Bandy, Dorst, Gardiner, Soukup; nays none. Motion Liddell Acres, Johnson County. Council discussed their policy to waive review of farmstead splits in Johnson County within the two miles jurisdictional limit. Dorst moved, seconded by Bandy, to waive review of Liddell Acres in Johnson County. The vote was: ayes Bahl, Bandy, Dorst, Gardiner, Soukup; nays none. Motion Landscaping Requirements for Commercial, Industrial and Multi-Family Districts. Bahl moved, seconded by Soukup, to approve the third consideration of Ordinance No , AN ORDINANCE AMENDING CHAPTER 17, "ZONING," OF THE NORTH LIBERTY MUNICIPAL CODE BY AMENDING SECTION 1602, "LANDSCAPING REQUIREMENTS," THEREIN TO DEFINE TREE PLANTING REQUIREMENTS. After discussion, the vote was: ayes Bahl, Bandy, Dorst, Gardiner, Soukup; nays none. Motion Dorst moved, seconded by Soukup, to adopt Ordinance No After discussion, the vote was: ayes Bahl, Bandy, Dorst, Gardiner, Soukup; nays none. Motion Design Standards. Council discussed proposed amendment to City design standards that would require detectable warning panels on all pedestrian crossings at any entrance to a street as required by ADA standards and would require rock base and drainage tile under all streets. The merits of stamped vs. brick panels were discussed. Bahl moved, seconded by Dorst, to adopt the requirement for detectable warning panels at pedestrian crossings, to permit either brick or stamped panels, to require rock base and drainage tile under all new streets and to direct staff to prepare the code amendment. The vote was: ayes Bahl, Bandy, Dorst, Gardiner, Soukup; nays none. Motion

4 Page 4 Harvest Estates. Council reviewed the Harvest Estates Developer's Agreement and the effect of the future re-alignment of 270th. It was the consensus of the Council to schedule the adoption of the Master Transportation Plan and Harvest Estates Developer's Agreement on the next agenda. Planning & Zoning Commission. Soukup moved to appoint Natlie Wilkerson and Michael Leick to the Planning & Zoning Commission. There was no second to the motion. Dorst moved, seconded by Bahl, to appoint Michael Lieck and Mark Robe to the Planning and Zoning Commission. The vote was: ayes Dorst Bahl; nays Bandy, Gardiner, Soukup. Motion failed. Dorst moved, seconded by Soukup, to appoint Michael Lieck to the Planning and Zoning Commission. The vote was: ayes Bahl, Bandy, Dorst, Soukup; nays Gardiner. Motion Bandy moved, seconded by Dorst, to appoint Eric Sittig to the Planning & Zoning Commission. The vote was: ayes Bahl, Bandy, Dorst, Soukup; nays Gardiner. Motion Park and Recreation Commission. Bahl moved, seconded by Soukup, to appoint Jana Bennett to the Park and Recreation Commission. The vote was: ayes Bahl, Bandy, Dorst, Gardiner, Soukup; nays none. Motion Bahl moved, seconded by Soukup, to appoint Jennie Hornug to the Park and Recreation Commission. The vote was: ayes Bahl, Bandy, Dorst, Gardiner, Soukup; nays none. Motion Dorst moved, seconded by Bahl, to appoint Margie Jones to the Park and Recreation Commission. The vote was: ayes Bahl, Bandy, Dorst, Gardiner, Soukup; nays none. Motion Tree Board. Dorst moved, seconded by Soukup, to appoint Nancy Hale and Lewis Wright to the Tree Board. The vote was: ayes Bahl, Bandy, Dorst, Gardiner, Soukup; nays none. Motion Telecommunications Commission. Bandy moved, seconded by Bahl, to appoint John Lohman and Michael Boatman to the Telecommunications Commission. The vote was: ayes Bahl, Bandy, Dorst, Gardiner, Soukup; nays none. Motion Wastewater Study. City Administrator suggested that a plan be developed to outline a schedule for future improvements to the wastewater utility. Dorst moved, seconded by Gardiner, to approve a contract with Shive Hattery Inc. in the amount of $17,500 to prepare a study of the wastewater system and its future needs. The vote was: ayes Bahl, Bandy, Dorst, Gardiner, Soukup; nays none. Motion Muslim Youth Camp and Conference Center. Council will meet with the Board of Supervisors on December 17th to discuss financial implications of the proposed development on the former Camp Day Break site.

5 Page 5 South Front Street Parking. The Council discussed the pros and cons of permitting parking on Front Street south of Zeller Street. After discussion, Council directed the City Administrator to prepare an evaluation of parking needs vs. safety on all of Front and Zeller Streets. New Business. Bandy suggested a television for the City Hall reception area. Dorst reported that the Johnson County Council of Governments will be discussion cellular tower locations, the Silurian aquifer study and the environmental assessment of the Muslim Youth Camp and Conference Center site. Adjournment. Bahl moved, seconded by Gardiner, to adjourn the meeting at 8:50 p.m. Motion Clair Mekota, Mayor Mary K. Mitchell, City Clerk

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