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July 10, 2001
The North Liberty City Council met in regular session in Council Chambers. Mayor Pro Tem Soukup called the meeting to order at 7:00 p.m.
Council members present: Bahl, Bandy, Dorst, Ries and Soukup. Absent: Mayor Mekota.
Also present were Tim Shanahan, William J. Sueppel, Kevin Trom, Mary K. Mitchell, Laura Noth, Hannah Fletcher, Emily Tjelmeland, Michael Knock, Tom Salm, Keith Hodapp, Duane Musser, Bob Burns, Larry Robinson, Monty Mitchell, Mart Hutt, Steve McCoy, Rob Gardiner and interested citizens.
Consent Agenda. Bahl moved, seconded by Dorst, to approve staff reports, Planning & Zoning Commission minutes, renewal of Class C Beer and Sunday Sales permits for Gasby’s Amoco, June receipts, attached list of claims and City Council minutes of June 26, 2001. Bandy extended an apology to Steve McCoy. After discussion, the vote was: ayes—Bahl, Bandy, Dorst and Soukup; nays—none; absent—Ries. Motion carried.
Beaver Kreek Development Addition Amended Planned Area Development. Public hearing was held on the application of Keith Hodapp to amend the Planned Area Development plan for Beaver Kreek Development Addition by deleting one building and increasing the size of the remaining two buildings. No oral or written comments were received. The public hearing was closed. Tom Salm reported that some neighboring property owners attended the Planning & Zoning hearing to ask questions about the impact the additional hard surfaced area would have on stormwater drainage and whether the plan includes removal of trees in the Beaver Kreek area. After discussion, P&Z voted to recommend approval of the amended PAD.
City Engineer reported that the trees are to remain and that the new stormwater detention pond in Penn Heights will help the Beaver Kreek drainage. Soukup stated that he likes this plan but noted that a grease trap has not yet been installed, as required, for the Dairy Queen store located in the Beaver Kreek PAD and should be done prior to approval of the amended plat. Other Council members agreed. Hodapp agreed to install the grease trap. City Administrator reported that Hodapp has requested the Council to have both second and third considerations of the ordinance approving the amendment at the next meeting. Some Council members were concerned about providing opportunity for public input. After discussion, the City Attorney suggested that the second and third considerations could be scheduled but would not have to be completed if there are objections. After further discussion, Dorst moved, seconded by Bahl, to approve the first consideration of Ordinance No. 01-20, AN ORDINANCE APPROVING THE AMENDED PLANNED AREA DEVELOPMENT PLAN FOR LOT 2, A SUBDIVISION OF LOT 2, BEAVER KREEK DEVELOPMENT ADDITION, contingent upon the installation of a grease trap for the Dairy Queen store and with the recommendation to schedule both the second and third considerations of the ordinance on the next agenda. The vote was: ayes—Bahl, Bandy, Dorst, Soukup; nays—none; absent—Ries. Motion carried.
Auto Mart Hutt. The public hearing on the application of Auto Mart Hutt for a Conditional Use Permit for auto sales at 175 Highway 965 North was continued. No oral or written comments were received. The public hearing was closed. The Planning & Zoning Commission has recommended approval of the Conditional Use with the stipulation that no more than six automobiles can be displayed outdoors at one time on this property.
Council members expressed concern that the existing concrete is not large enough to display six cars and also had concerns about signage and lighting. Hutt stated that he would not be adding to the existing lighting on the property and plans to use the signboard that exists for his business sign. Cars on display will only have the year of manufacture on the windshield and the normal window sticker. Dorst expressed concern about Hutt’s lack of compliance with outdoor storage requirements on his property on Jones Boulevard. After discussion, Bandy moved, seconded by Ries, to adopt Resolution No. 01-36, RESOLUTION APPROVING THE CONDITIONAL USE AGREEMENT BETWEEN AUTO MART HUTT AND THE CITY OF NORTH LIBERTY THAT WILL PERMIT AUTO SALES ON PROPERTY LOCATED AT 175 HIGHWAY 965 NORTH, NORTH LIBERTY, IOWA. The vote was: ayes—Bahl, Bandy, Dorst, Ries; nays—Soukup. Motion carried.
Creekside Subdivision. Council reviewed the Developer’s Agreement for Creekside Subdivision Part Three. Bandy moved, seconded by Bahl, to approve the Developer’s Agreement. After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Ries, Soukup; nays—none. Motion carried.
Suburban Landscape Associates. Public hearing was held on the application of Suburban Landscape Associates and Larry and Sylvia Robinson to annex and simultaneously zone I-1 Industrial property located at the southwest corner of Highway 965 and 240th Street. No oral or written comments were received. The public hearing was closed. The Planning & Zoning Commission has recommended approval of the annexation and zoning.
After discussion, Dorst moved, seconded by Bahl, to adopt Resolution No. 01-42, RESOLUTION AUTHORIZING AND ACCEPTING THE APPLICATION OF LARRY AND SYLVIA ROBINSON TO ANNEX A TRACT OF GROUND TO THE CITY OF NORTH LIBERTY, IOWA. The vote was: ayes—Bahl, Bandy, Dorst, Ries, Soukup; nays—none. Motion carried.
Bahl moved, seconded by Ries, to approve the first consideration of Ordinance No. 01-19, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY LARRY AND SYLVIA ROBINSON TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE I-1 INDUSTRIAL DISTRICT. After discussion, the vote was: ayes—Bahl, Bandy, Dorst, Ries, Soukup; nays—none. Motion carried.
Public hearing was held on the request of Suburban Landscape Associates for a Conditional Use Permit to allow outdoor display and storage of plants, hard goods and equipment on property located at Highway 965 & 240th Street. No oral or written comments were received. The public hearing was closed. The Planning & Zoning Commission has recommended approval of the Conditional Use subject to approval of the drainage plan, hard surface on drive and parking areas, curbing on the east side of the property, widening of the east drive to allow semi truck access, chip and seal of the hard goods storage area, use of the property for wholesale business only and connection to the sanitary sewer when a manhole is located closer than 710’ from the property. After discussion, the City Council directed the City Attorney to prepare a Conditional Use Agreement.
Cedar Springs—Part One. Council reviewed the final plat of Cedar Springs—Part One. The Planning & Zoning Commission has recommended approval of the plat subject to compliance with all the items on the City Engineer’s review letter and submission of a landscape plan for Outlot B. City Engineer reported that items on his review letter have been addressed. The landscape plan for Outlot B shows the drainage piped directly to drainage ditch on the Corp of Engineers’ property. Duane Musser, project engineer, stated that the drainage would be redesigned to include a detention pond if that system did not meet the approval of neighboring property owners.
Bob Burns, owner of property to the south of Cedar Springs, expressed concern that the sanitary sewer manhole that Cedar Springs will connect to may be located on his property and that the proposed secondary access to Cedar Springs dead ends at his property line where he does not want a street to be located. Burns requested the Council to agree that he will never be required to extend the street through his subdivision because it is not desirable to have residential traffic passing through industrial areas. Council members were not comfortable agreeing to future commitments regarding unknown future development. Bandy requested further review on both items before making a decision.
After further discussion, Bahl moved, seconded by Dorst, to adopt Resolution No. 01-44, RESOLUTION APPROVING PLAT AND SUBDIVISION OF CEDAR SPRINGS—PART ONE. The vote was: ayes—Bahl, Dorst, Ries, Soukup; nays—Bandy. Motion carried.
Saints Corridor Commercial Park Zoning. Bahl moved, seconded by Dorst, to approve the second consideration of Ordinance No. 01-21, AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS ON PROPERTY OWNED BY SAINTS CORRIDOR INVESTMENT L.C. 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, Ries, Soukup; nays—none. Motion carried.
Dorst moved, seconded by Bahl, to suspend the rule requiring an ordinance to be considered on three different days. Bandy objected to waiving the requirement. After discussion, the vote was: ayes—Bahl, Dorst, Ries, Soukup; nays—Bandy. Motion carried.
Dorst moved. Seconded by Bahl, to approve the third consideration of Ordinance No. 01-21. After discussion, the vote was: ayes—Bahl, Dorst, Ries, Soukup; nays—Bandy. Motion carried.
Dorst moved, seconded by Bahl, to adopt Ordinance No. 01-21. After discussion, the vote was: ayes—Bahl, Dorst, Ries, Soukup; nays—Bandy. Motion carried.
Dorst moved, seconded by Bahl, to approve the second consideration of Ordinance No. 01-22, AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY SAINTS CORRIDOR INVESTMENT L.C. TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE I-1 INDUSTRIAL DISTRICT. After discussion, the vote was: ayes—Bahl, Dorst, Ries, Soukup; nays—Bandy. Motion carried.
Bahl moved, seconded by Dorst, to suspend the rule requiring an ordinance to be considered on three different days. Bandy objected and suggested that Council procedures should be reviewed. After discussion, the vote was: ayes—Bahl, Dorst, Ries, Soukup; nays—Bandy. Motion carried.
Dorst moved, seconded by Bahl, to approve the third consideration of Ordinance No. 01-22. After discussion, the vote was: ayes—Bahl, Dorst, Ries, Soukup; nays—Bandy. Motion carried.
Bahl moved, seconded by Ries, to adopt Ordinance No. 01-22. After discussion, the vote was: ayes—Bahl, Dorst, Ries, Soukup; nays—Bandy. Motion carried.
The Council discussed a proposed partial release of the lien placed on Lots 1-14, Saints Corridor Commercial Park via Sections 3.E and 3.J of the Developer’s Agreement regarding street and water main improvements along 240th Street. The requirements would remain in place for development of Outlot C. After discussion, Bandy moved, seconded by Ries, to approve the partial release. The vote was: ayes—Bahl, Dorst, Ries, Soukup; nays—Bandy. Motion carried.
Public Works Garage. Public hearing was held on the plans, specifications, form of contract and estimate of cost for a storage building at the public works facility. No oral or written comments were received. Two bids were received on the building—one included a concrete floor and one did not. Because of the difference in bids, the City Attorney recommended that the public hearing be continued, all bids be rejected and the project be rebid. After discussion, Bandy moved, seconded by Ries, to reject all bids and to continue the public hearing to July 24, 2001. The vote was: ayes—Bahl, Bandy, Dorst, Ries, Soukup; nays—none. Motion carried.
Private Garages in R-FB Residential Factory Built District. Bahl moved, seconded by Dorst, to approve the second consideration of Ordinance No. 01-23, AN ORDINANCE AMENDING TITLE 17, CHAPTER 8, “RESIDENTIAL FACTORY-BUILT HOUSING PARK DISTRICT,” OF THE MUNICIPAL CODE OF NORTH LIBERTY, IOWA, TO AMEND THE CITY OF NORTH LIBERTY ZONING CODE TO PERMIT ONE PRIVATE GARAGE PER LOT AS AN ACCESSORY USE IN THE R-FB ZONE. After discussion, the vote was: ayes—Bahl, Dorst, Ries, Soukup; nays—Bandy. Motion carried.
Public Comment. Mark Byerly requested that the City construct a woven wire fence along the west side of the CRANDIC railroad right-of-way abutting Holiday Mobile Home Court to keep children from crossing or playing on the tracks. Some council members were not convinced that a fence would actually deter many children. After discussion, Ries suggested that Byerly get a petition for installation of a fence. Byerly was also concerned about the boulders that have been thrown in the culvert under the railroad tracks. The City Engineer will check out the boulders in the culvert.
Curt Kieffer stated that the residents of Penn Heights Part I are concerned about the grading in Penn Heights Part II and are concerned that the proposed stormwater management improvements are not satisfactory. After discussion, Soukup reported that he believes that most residents are satisfied with the following remedies that were discussed at a meeting on site on July 9: 1) sump pump lines in Penn Heights II are required to be hooked to either a sump pump collection line or to the storm sewer located in the front of said lots and will not be permitted to connect to the tile existing in the back of Lots 29-37; 2) Rear yard elevations on Lots 29-37 cannot be changed within the 10’ and 20’ easements shown on the final plat and no dirt can be stored in the easement; 3) City will clean out the 30” storm sewer in Whitman Avenue and clean out the drainage channel south of Whitman; 4) City will install new storm water intake on Whitman Avenue and 4) a swale will be installed in the easement in the back of Lots 29-37 Penn Heights II. A 6” drainage line will be installed in the swale. If the swale is found unsatisfactory with the property owners in Penn Heights I, the developer will install an 18” berm. The stormwater management improvements will be discussed further at the next Council meeting.
Bob Moore expressed his concern about the safety of children playing in the Penn Heights stormwater detention pond because it is located some distance away from the houses in a corn field.
New Business. Soukup encouraged Council members to let the Iowa City School Board members know that they support the location of a middle school in North Liberty.
Council discussed the sample bench around the gazebo posts in Old Town Park. After discussion, it was the consensus of the Council to remove the sample bench and install four benches, like those outside the gazebo in Old Town Park, between the gazebo posts.
Adjournment. Dorst moved, seconded by Bandy, to adjourn the meeting at 9:00 p.m. Motion carried.
_________________________________ Clair Mekota, Mayor
_________________________________ Mary K. Mitchell, City Clerk
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