City Council Minutes March 11, 2003

March 11, 2003
No.

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 Bergus, Diedre Bello, Dave Roberts, Glenn Siders, Edgar Colony, Ray Colony, Al Streb, Don Strabala, Steve McCoy, John Wolfe, Ryan Anderson, Suzanne Conrad, Sarah Fletcher, Scott Saylor, Verne Edwards, Duane Musser, Dennis Henderson, Jim Tallman, Jon Harding, Larry White, Matt Crull and interested citizens.

Consent Agenda.  Bahl moved, seconded by Soukup, to approve staff reports, Planning & Zoning Commission and Library Board minutes, payment of attached list of claims and City Council minutes of February 25, 2003.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Zoning District Map.  Public hearing was held on the proposed Zoning Map Schedule dated March 2003 that reflects the zoning district designations set forth in North Liberty Municipal Code Title 17, “Zoning,” adopted June 27, 2000.  Several owners of property zoned Highway Commercial objected to the elimination of second story residential units from the permitted uses for that district.  Some own commercial buildings with second story residential units that could not be rebuilt under the current code and others purchased property with that use in mind.  Other owners stated that any change in permitted uses eliminates some options, therefore devalues property and equals a taking.

The Planning& Zoning Commission acknowledged the comments on the Highway Commercial zoning but recommended approval of the proposed Zoning Map Schedule.  Council members were generally not opposed to second story commercial in the Highway Commercial district but wanted to discuss the options further.  After discussion, Dorst moved, seconded by Soukup, to continue the public hearing to March 25, 2003, at 7:00 p.m.  The vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Iowa Donor Network Site Plan.  Suzanne Conrad and Sarah Fletcher presented a site plan for the Iowa Donor Network facility to be located on Lot 22 and part of Lot 7, Liberty’s Gate Part One.  The Planning & Zoning Commission has recommended approval of the site plan.  After discussion, Dorst moved, seconded by Bahl, to adopt Resolution No. 03-13, RESOLUTION APPROVING THE COMMERCIAL DEVELOPMENT SITE PLAN FOR IOWA DONOR NETWORK ON LOT 22 AND 1/2 OF LOT 7, LIBERTY’S GATE PART ONE, NORTH LIBERTY, IOWA.  The vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Liberty Medical and Commerce Center.  Public hearing was held on the request to rezone property owned by Mike and Marsha Myers and LDR Iowa City, LLC, located on West Penn Street, from ID Agricultural to C-2-A Highway Commercial district.  No oral or written comments were received.  The public hearing was closed.  The Planning & Zoning Commission recommended approval of the rezoning noting that it is compatible with the Comprehensive Plan.  After  discussion, Soukup moved, seconded by Bahl, to approve the first consideration of Ordinance No. 03-09, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY MIKE AND MARSHA MYERS AND LDR IOWA CITY, LLC, LOCATED IN NORTH LIBERTY, IOWA, TO THE USE REGULATIONS SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE C-2-A HIGHWAY COMMERCIAL DISTRICT.  The vote was: Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Council reviewed the preliminary plat for Liberty Medical and Commerce Center.  The Planning & Zoning Commission has recommended approval of the plat subject to the developer addressing all the items in the engineer’s review.  The developer has proposed a 90% opaque fence in lieu of a 25′ berm and screening along the south property boundary.  The City Engineer reported that all engineering items have been addressed.  After discussion, Dorst moved, seconded by Bahl, to approve the preliminary plat.  The vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

River Oaks III Subdivision, Johnson County.  Council reviewed the preliminary plat of River Oaks III Subdivision located in Johnson County within North Liberty’s two-mile jurisdiction.  The Planning & Zoning Commission waived review of the plat.  Dorst moved, seconded by Soukup, to waive review of the preliminary plat of River Oaks III Subdivision.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Jefferson Addition.  Council reviewed the preliminary plat of Jefferson Addition.  The Planning & Zoning Commission has recommended approval of the preliminary plat.  After discussion, Dorst moved, seconded by Bahl, to approve the preliminary plat of Jefferson Addition.  The vote was: ayes—Bahl, Dorst, Gardiner, Soukup; nays—Bandy.  Motion carried.

Public hearing was held on the Planned Area Development plan for Jefferson Addition.  No oral or written comments were received.  The public hearing was closed. The Planning & Zoning Commission motion to approve the PAD failed by a 5-2 vote.  Council discussed an impact fee for future Front Street improvements and agreed to permit sidewalks to be constructed only on the south side of Jefferson Street for this development.  Dorst moved, seconded by Soukup, to direct the City Attorney to prepare a Developer’s Agreement for Jefferson Addition to include the agreement for Front Street impact fee and the sidewalk requirement.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Bahl moved, seconded by Soukup, to approve the first consideration of Ordinance No. 03-10, AN ORDINANCE APPROVING A PLANNED AREA DEVELOPMENT PLAN FOR JEFFERSON ADDITION, NORTH LIBERTY, IOWA.  After discussion, the vote was: ayes—Bahl, Dorst, Gardiner, Soukup; nays—Bandy.  Motion carried.

Penn Heights Part 4.  Public hearing was held on the request to rezone property owned by Barker Development Co. located east of Penn Heights Part 3 from ID Interim Development (Agricultural) to RS-6 Single Family Residence district.  No oral or written comments were received.  The public hearing was closed.  The Planning & Zoning Commission recommends approval of the zoning request, noting that it is compatible with the Comprehensive Plan.  Bahl moved, seconded by Dorst, to approve the first consideration of Ordinance No. 03-11, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY BARKER DEVELOPMENT CO. TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RS-6 SINGLE FAMILY RESIDENCE DISTRICT.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Council reviewed the preliminary plat of Penn Heights Part 4.  The Planning & Zoning Commission recommends approval of the preliminary plat.  Future street extensions to connect to Penn Street and Dubuque Street were discussed.  Expansion of Penn Meadows Park and the need to increase sewer trunk capacity for future phases of the development were discussed.  Bandy stated that he would not support the platting without a secondary access.  After discussion, the vote was: ayes—Bahl, Dorst, Gardiner, Soukup; nays—Bandy.  Motion carried.

Site Plan—Lots 1, 2 & 3, Corridor Commercial Part IA.  The Council reviewed a site plan for Lots 1, 2 & 3, Corridor Commercial for two commercial buildings on the three lots.  The Planning & Zoning Commission recommends approval of the site plan with a variance to the tree planting requirement and subject to the establishment of a Design Review Committee to review building elevations prior to building permit approval.  Dorst moved, seconded by Gardiner, to adopt Resolution No. 03-14, RESOLUTION APPROVING SITE PLAN FOR LOTS 1-3, CORRIDOR COMMERCIAL PART IA, subject to approval of the building elevation by the Design Review Committee.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Quail Ridge.  Public hearing was held on the request to rezone from ID Interim Development (Agricultural) to RS-6 Single Family Residence district 30.22 acres located east of Jones Boulevard and south of Zeller Street extended.  No oral or written comments were received.  The public hearing was closed.  The Planning & Zoning Commission recommends approval of the zoning, noting that it is compatible with the Comprehensive Plan.  Bahl moved, seconded by Soukup, to approve the first consideration of Ordinance No. 03-12, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY WILLIAM T. CAMERON AND VLASTA M. CAMERON TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RS-6 SINGLE FAMILY RESIDENCE DISTRICT.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Council reviewed the preliminary plat of Quail Ridge.  The Planning & Zoning Commission recommends approval of the preliminary plat with the following provisions: the city will reimburse the cost of the 12″ water main loop along Jones Boulevard from Cory Street to Zeller Street, an agreement is reached for the sewer main extension along Zeller Street and an agreement for obtaining right-of-way and future construction of Zeller Street.  After discussion, Bahl moved, seconded by Dorst, to approve the preliminary plat with the Planning & Zoning comments to be addressed in the Developer’s Agreement.  The vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Lot 9, North Liberty Commercial Park.  Public hearing was held on an amended Planned Area Development plan for Lot 9, North Liberty Commercial Park to add additions for storage on building #3 and building #4 and the addition of a pad for an outdoor grill at the north end of the existing building.  No oral or written comments were received.  The public hearing was closed.  After discussion, Bandy moved, seconded by Gardiner, to approve the first consideration of Ordinance No. 03-13, AN ORDINANCE APPROVING THE AMENDED PLANNED AREA DEVELOPMENT PLAN FOR LOT 9, NORTH LIBERTY COMMERCIAL PARK.  The vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Lot 48, Creekside Subdivision, Part Two.  A concept plan was presented for residential development of Lot 48, Creekside Subdivision, Part Two.  The Planning & Zoning Commission gave a favorable response subject to working out concerns regarding private drives and access to public streets.  The proposal includes clusters of multi-family units on the 33-acre parcel with a density of approximately four units per acre.  Staff recommends negotiation with the developer to address the collector street shown in the master transportation plan.  It was the consensus of the Council to direct the City Engineer to review the feasibility and project a cost for the collector street connection.

North Front Street Parking.  Jim Tallman, owner of property at 470 N. Front Street, asked Council to reconsider prohibiting parking on both sides of North Front Street, noting that the closest public parking would be over a block away.  After discussion, Dorst moved, seconded by Soukup, to approve the second consideration of Ordinance No. 03-06, AN ORDINANCE AMENDING CHAPTER 10.36, ENTITLED “STOPPING, STANDING AND PARKING,” OF THE NORTH LIBERTY MUNICIPAL CODE BY AMENDING SECTION 10.36.050 THEREIN TO PROHIBIT PARKING ON BOTH SIDES OF NORTH FRONT FROM DUBUQUE STREET TO THE CITY LIMITS.  The vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Key Lock Box System.  Council discussed the key lock box system proposed by the Fire Department that would provide access with a key for medical or fire emergencies in lieu of breaking down a door to gain access.  Property owners expressed concern about having a key on the exterior of a building.  Fire Chief Harding explained that access to the key in the lock box is possible only when the Sheriff activates the master key box located in emergency vehicles by radio.  Because breaking down a door also provides quick emergency access, some Council members thought the property owner should have the option whether or not to use a key box.  After discussion, Bahl moved, seconded by Bandy, to approve second consideration of Ordinance No.03-14, AN ORDINANCE AMENDING TITLE 15, ENTITLED “BUILDINGS AND CONSTRUCTION,” OF THE NORTH LIBERTY MUNICIPAL CODE BY ADDING SECTION 15.02, ENTITLED “KEY LOCK BOX SYSTEM,” TO REQUIRE A KEY LOCK BOX ENTRY DEVICE TO BE PLACED ON COMMERCIAL, INDUSTRIAL, MULTI-FAMILY, GOVERNMENT AND NURSING CARE BUILDINGS FOR FIRE SAFETY PURPOSES.  The vote was: ayes—Bahl, Gardiner, Soukup; nays—Bandy, Dorst.  Motion carried.

Liberty’s Gate Zoning.  Bandy moved, seconded by Soukup, to approve the third consideration of Ordinance No. 03-03, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY PRIME VENTURES 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, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Bandy moved, seconded by Bahl, to adopt Ordinance No. 03-03.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Bahl moved, seconded by Soukup, to approve the third consideration of Ordinance No. 03-04, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY PRIME VENTURES TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE C-1-B GENERAL COMMERCIAL DISTRICT.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

FY04 City Budget.  Soukup moved, seconded by Bahl, to adopt Resolution No. 03-15, RESOLUTION CONVERTING THE CURRENT BUDGET FOR THE FISCAL YEAR 2003 TO CONFORM WITH IOWA CODE 384.16 AND IOWA ADMINISTRATIVE RULES 545-2.1(384, 388).  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Public hearing was held on the proposed budget for the City of North Liberty for the fiscal year ending June 30, 2004.  No oral or written comments were received.  The public hearing was closed.  Soukup moved, seconded by Bahl, to adopt Resolution No. 03-16, RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE CITY OF NORTH LIBERTY FOR THE FISCAL YEAR ENDING JUNE 30, 2004.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Dorst moved, seconded by Bahl, to adopt Resolution No. 03-17, RESOLUTION AUTHORIZING DEBT SERVICE TAX LEVY FOR GENERAL OBLIGATION COMMUNITY CENTER PHASE II BONDS.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Freedom Park Development.  Council reviewed a proposal and application to the Iowa Department of Natural Resources for 50% funding from the Land and Water Conservation fund to install playground equipment, floating dock for fishing, an eight-space parking lot and six-foot connecting walkways in Freedom Park.  Dorst moved, seconded by Bahl, to adopt Resolution No. 03-18, RESOLUTION ON DEVELOPMENT FOR OUTDOOR RECREATION.  After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

HACAP Site Council.  Received a request from HACAP for a City Council volunteer to serve on their Site Council.  City Administrator will attend the next meeting to get details on meeting schedule, etc.

Disposal of Portable Air Compressor.  City Administrator asked Council approval to dispose of a Gardner Denver Air Compressor that is no longer operational by donating it, as is, to Midwest Central Railroad in Mount Pleasant.  After discussion, Bahl moved, seconded by Gardiner, to approve the Agreement with Midwest Central Railroad.  The vote was: ayes—Bahl, Bandy, Dorst, Gardiner, Soukup; nays—none.  Motion carried.

Community Center Phase II.  City Administrator presented the bid schedule.  Plans and specifications will be available to contractors starting March 19, bids will be received on April 22 and contract awarded on April 29, 2003.  Contract completion date is May 2004.

New Business.  Bahl reported on complaints received on snowmobilers not following designated routes.

Adjournment.  Dorst moved, seconded by Bahl, to adjourn the meeting at 9:15 p.m.  Motion carried.