City Council Minutes June 8, 2004

June 8, 2004
No. 26

The North Liberty City Council met in regular session in Council Chambers.  Mayor Mekota called the work session to order at 6:00 p.m. and the regular meeting to order at 7:00 p.m.

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

Also present were Brian James, William J. Sueppel, Kevin Trom, Mary K. Mitchell, Travis Alden, Shelly Simpson, Guy Goldsmith, Todd Parks, Russ Husted, Steve Rudin, Karla Davis, Paul Osterholt, Mike Stoffregren, Chris Lenane, Scott Andersen, Stephen Epley, Duane Musser, Jason Harder and interested citizens.

North Trail Extension.  Council members discussed with the Park & Recreation Commission the route for the north trail extension to serve Fox Run as well as future trail connections with Deerfield Addition and Cedar Springs.  Park Board members recommend that first priority be the Fox Run connection because development of the area is complete, meaning that there is less likelihood that the trail would be moved or damaged by future construction.  They expressed concern about safety at the Highway 965 and Scales Bend Road intersection and recommended a route along the north and east side of the Centro property to North Bend Drive and then Dubuque Street.  Council discussed fencing or screening of the north end of the Centro parking lot and lighting at the rear of the building.

Council members discussed the need for a trail to serve Deerfield that includes a safe Highway 965 crossing.  Future connections between 240th Street and Penn Street at Jones Boulevard and Alexander Way were discussed.  Highway 965 could then be crossed at the Penn Street light or the future Cherry Street underpass.

Consent Agenda.  Bahl moved, seconded by Moody, to approve staff reports, Planning & Zoning Commission and Park & Recreation Commission minutes, City Council minutes of May 25, 2004, and payment of the attached list of claims.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Creekside Commons.  Public hearing on the request of Stephen W. Epley and Kathryn Epley to rezone their property located on South Front Street from C-1-A General Commercial and RD-10 Two-Unit Family Residence to RM-8 Multi-Family Residence district.  Steve Epley outlined the plan for the area that includes four-plex and 12-plex buildings with large green areas, trails and 240 new trees.   Mike Stoffregren expressed support on behalf of property owners to the south.  A letter was read from Kirk Perreau stating his preference for single family development but support for the street access and park area.  Chris Lenane, owner of property north of the site, has concern about the proposal that Ashley Court extend through their property to Rachael Street and asked what happens to the street plan if their property is not developed.  There were no other comments.  The public hearing was closed.

The Planning & Zoning Commission recommends approval of the RM-8 zoning.  Soukup moved, seconded by Bahl, to approve first consideration of Ordinance No. 04-41, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY STEPHEN W. EPLEY AND KATHRYN EPLEY TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RM-8 MULTI-FAMILY RESIDENCE DISTRICT.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Public hearing was held on the Planned Area Development plan for Creekside Commons.  No further comments were received.  The public hearing was closed.  The Planning & Zoning Commission forwarded the PAD to Council without a recommendation.  They did note that approval of the plan would require an amendment to the master transportation plan and a variance to the street curve radius standard.  City Engineer recommended that Outlot E be enlarged to encompass the 100-year floodplain and that the detention pond be privately owned and maintained.  Bahl moved, seconded by Gardiner, to approve the first consideration of Ordinance No. 04-42, AN ORDINANCE APPROVING THE PLANNED AREA DEVELOPMENT PLAN FOR CREEKSIDE COMMONS.  Salm stated that he is a proponent of clustered high density residential with large open spaces but feels that the street grid is important and should be maintained.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Soukup; nays—Salm.  Motion carried.

Community Addition.  Council reviewed the final plat of Community Addition located at Hwy 965 and Community Drive.  The Planning & Zoning Commission recommends approval of the plat.  Soukup moved, seconded by Moody, to adopt Resolution No. 04-57, RESOLUTION APPROVING PLAT AND SUBDIVISION OF COMMUNITY ADDITION.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Fairview Place Planned Area Development Plan.  Public hearing on the Planned Area Development plan for Fairview Place located on Lot 1, Quail Creek 8th Addition.  No oral or written comments were received.  The public hearing was closed.  The Planning & Zoning Commission recommends approval of the Planned Area Development plan.

Moody moved, seconded by Salm, to approve the first consideration of Ordinance No. 04-39, AN ORDINANCE APPROVING THE PLANNED AREA DEVELOPMENT PLAN FOR FAIRVIEW PLACE.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Cahill Zoning.  Bahl moved, seconded by Soukup, to approve the third consideration of Ordinance No. 04-26, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY KENNETH M. & MARILYN F. CAHILL AND LAWRENCE A. & GLORIA O. CAHILL TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RS-4 SINGLE FAMILY RESIDENCE DISTRICT.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Moody moved, seconded by Gardiner, to adopt Ordinance No. 04-26.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Simpson/Deatsch Zoning.  Bahl moved, seconded by Moody, to approve the third consideration of Ordinance No. 04-31, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY THE SIMPSON FAMILY LIMITED PARTNERSHIP AND DONNA F. DEATSCH TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE O/RP OFFICE RESEARCH PARK DISTRICT.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Bahl moved, seconded by Soukup, to adopt Ordinance No. 04-31.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Moody moved, seconded by Bahl, to approve the third consideration of Ordinance No. 04-32, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY THE SIMPSON FAMILY LIMITED PARTNERSHIP AND DONNA F. DEATSCH TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RM-21 MULTI-FAMILY RESIDENCE DISTRICT.

Bahl moved, seconded by Moody, to adopt Ordinance No. 04-32.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Soukup moved, seconded by Bahl, to approve the third consideration of Ordinance No. 04-33, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY THE SIMPSON FAMILY LIMITED PARTNERSHIP AND DONNA F. DEATSCH TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RM-12 MULTI-FAMILY RESIDENCE DISTRICT.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Bahl moved, seconded by Moody, to adopt Ordinance No. 04-33.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Bahl moved, seconded by Moody, to approve the third consideration of Ordinance No. 04-34, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY THE SIMPSON FAMILY LIMITED PARTNERSHIP AND DONNA F. DEATSCH TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RD-10 TWO-UNIT FAMILY RESIDENCE DISTRICT.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Moody moved, seconded by Bahl, to adopt Ordinance No. 04-34.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Bahl moved, seconded by Moody, to approve the third consideration of Ordinance No. 04-35, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY THE SIMPSON FAMILY LIMITED PARTNERSHIP AND DONNA F. DEATSCH 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, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Soukup moved, seconded by Bahl, to adopt Ordinance No. 04-35.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Bahl moved, seconded by Moody, to approve the second consideration of Ordinance No. 04-40, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY THE SIMPSON FAMILY LIMITED PARTNERSHIP AND DONNA F. DEATSCH TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE ID INTERIM DEVELOPMENT DISTRICT.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Deerfield Thirteenth Zoning.  Bahl moved, seconded by Gardiner, to approve the third consideration of Ordinance No. 04-36, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY RINEHART LLC 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, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Moody moved, seconded by Bahl, to adopt Ordinance No. 04-36.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Deerfield Ninth and Lots 25 & 26, Deerfield Fifth Zoning.  Bahl moved, seconded by Gardiner, to approve the third consideration of Ordinance No. 04-37, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY ACR INVESTMENT L.C. TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RD-10 TWO-UNIT FAMILY RESIDENCE DISTRICT.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Moody moved, seconded by Gardiner, to adopt Ordinance No. 04-37.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Bahl moved, seconded by Moody, to approve the third consideration of Ordinance No. 04-38, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY ACR INVESTMENT L.C. TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RM-8 MULTI-FAMILY RESIDENCE DISTRICT.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Bahl moved, seconded by Gardiner, to adopt Ordinance No. 04-38.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Penn Meadows Addition – Part V.  Council reviewed the Developer’s Agreement for Penn Meadows Addition – Part V.  Bahl moved, seconded by Moody, to adopt Resolution No. 04-58, RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF NORTH LIBERTY AND H&O L.C. THAT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH PENN MEADOWS ADDITION – PART V WILL BE DEVELOPED IN THE CITY OF NORTH LIBERTY, IOWA.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Deerfield Eleventh Addition.  Council reviewed a proposed amendment to the Developer’s Agreement for Deerfield Eleventh Addition that remove the driveway access restriction for Lots 30 and 38.  Soukup moved, seconded by Gardiner, to adopt Resolution No. 04-62, RESOLUTION AMENDING THE DEVELOPERS AGREEMENT BETWEEN THE CITY OF NORTH LIBERTY AND RHINEHART LLC TO DELETE THE DRIVEWAY ACCESS RESTRICTION FOR LOT 30 AND LOT 38 IN DEERFIELD ELEVENTH ADDITION, NORTH LIBERTY, IOWA.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Master Transportation Plan.  Developers of Saints Corridor and Progress Park have requested an amendment to the Master Transportation Plan to change the classification of Kansas Avenue between Penn Street and 240th Street from collector to local so that they can eliminate the connection between Penn Street and 240th Street.  They cite a wetland area to the north and the extreme elevation change created by the detention pond at the present Kansas Avenue location and propose to instead turn Kansas east to connect to Alexander Way to accommodate relocation of the area detention pond and the lift station.  The Planning & Zoning Commission recommends approval of the change of classification.  Salm stated the importance of the transportation grid system and questioned the amount of elevation difference by the detention pond.  Bahl moved, seconded by Soukup, to adopt Resolution No. 04-59, RESOLUTION AMENDING THE MASTER TRANSPORTATION PLAN TO CLASSIFY THAT PORTION OF KANSAS AVENUE LOCATED BETWEEN PENN STREET AND 240TH STREET AS A LOCAL STREET.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Soukup; nays—Salm.  Motion carried.  Staff recommends that Kansas Avenue be extended to 240th if the 40-acre parcel at the northwest corner of the property is subdivided.

Building Height Restrictions.  Council discussed a proposal to permit taller residential buildings. Planning & Zoning Commission recommends approval of three-story buildings in the RM-8 and RM-12 districts and five-story buildings in the RM-12 district with an extra foot of front and side yard setback for each foot over 45 feet in height.  Soukup moved, seconded by Moody, to approve first consideration of Ordinance No. 04-43, AN ORDINANCE AMENDING TITLE 17, “ZONING,” BY AMENDING CHAPTER 701, “MULTI-FAMILY RESIDENCE DISTRICTS,” TO PERMIT THREE-STORY BUILDINGS IN THE RM-8 AND RM-12 DISTRICTS AND TO PERMIT FIVE-STORY BUILDINGS IN THE RM-21 DISTRICT.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Auto Dealership Regulations.  Council discussed proposed regulations governing the operation of an auto dealership in the C-2-A Highway Commercial district.  The Planning & Zoning Commission recommends approval subject to the number of vehicles to be displayed shown on the plan, limitations on the types of repair that may be performed on site, and no more than 70% of the lot to be used for outdoor display.  Council members want to allow new auto franchise dealerships to perform major repair on site as required by the franchise.  Moody moved, seconded by Gardiner, to table action on the proposed ordinance.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Comprehensive Plan Update.  Bahl moved, seconded by Soukup, to adopt Resolution No. 04-60, RESOLUTION APPROVING AN AGREEMENT WITH ECICOG FOR SERVICES TO UPDATE THE NORTH LIBERTY COMPREHENSIVE PLAN, at a cost not to exceed $5,972.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Twelfth Avenue Extension Improvements.  Council reviewed an agreement to share a portion of the cost of design and construction of 12th Avenue Extension improvements at a maximum cost of $30,000.  Soukup moved, seconded by Bahl, to adopt Resolution No. 04-61, RESOLUTION APPROVING A 28E AGREEMENT BETWEEN JOHNSON COUNTY, THE CITY OF CORALVILLE AND THE CITY OF NORTH LIBERTY FOR CONSULTANT FEES ASSOCIATED WITH THE 12TH AVENUE EXTENSION IMPROVEMENT PROJECT.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Forevergreen Road Improvement.  Bahl and Salm stated that action is needed soon on the reconstruction of Forevergreen Road if it is to be completed before James Van Allen Elementary opens.  Coralville needs to proceed or we need to do the project on our own.  The City Administrator will submit a recommendation to the Council.

North Trail Extension.  After discussion of the north trail extension route, Soukup moved, seconded by Bahl, to rescind the motion from a previous meeting setting the route along Hwy 965 and Dubuque Street.  The vote was: ayes—Bahl, Gardiner, Moody, Soukup; nays—Salm.    Motion carried.  Council will take formal action on the route location at the next meeting.

Adjournment.  Bahl moved, seconded by Soukup, to adjourn the meeting at 8:20 p.m.  Motion carried.