City Council Minutes March 9, 2004

March 9, 2004
No. 18

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, Gardiner, Moody, Salm, and Soukup.

Also present were Brian James, William J. Sueppel, Kevin Trom, Mary K. Mitchell, Travis Alden, Diedre Bello, Paul Osterholt, Allen Merta, Duane Musser, Karla Davis, Chick Meade, Brian Willham, Kirk Perreau, Gary Werle and interested citizens.

Consent Agenda.  Bahl moved, seconded by Moody, to approve staff reports, Planning & Zoning Commission, Park & Recreation Commission and Telecommunications Commission minutes, City Council minutes of February 18 and 24, 2004, and payment of the attached list of claims.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Homeland Security Emergency Management Commission.  The Mayor recognized and presented a plaque to Council member Bahl in recognition of his service in representing the City of North Liberty on the Homeland Security Emergency Management Commission.

Centro Inc.  A public hearing was held on the request of Centro Inc. for assistance from the State of Iowa via Community Development Block Grant Economic Development Set-Aside (EDSA) funding for a major expansion of their manufacturing facility.  City Administrator reported that the proposed expansion of Centro’s facility at 950 North Bend Drive will bring new technology to North America for rotational molding of a liquid nylon product.

Centro has asked for assistance because of the unusually high cost of the machinery, equipment and other project related expenses, estimated at over $2,400,000.   An EDSA forgivable loan request of $132,000 will be submitted to the Iowa Department of Economic Development on March 12, 2004.  Other funding sources are:  $124,850 Centro equity, $1,936,000 bank loan, $87,760 investment tax credit, $3,150 construction sales tax refund, $9,651 industrial property tax exemption and $135,975 in job training funding.  There will be no displacement of persons or businesses.  The expansion project will benefit low/moderate income persons by creating 26 new jobs and retain 18 existing jobs at an average pay rate of $12.00 per hour.

Allen Merta of Priority One noted that Centro Inc. is ranked 4th of all rotational molders in the United States.  This expansion of a quality company, the first of several phases, is a great benefit for the Technology Corridor.  Merta observed the first robin of spring last week.  No other oral or written comments were received.  The public hearing was closed.

After review of the community development goals and housing needs in North Liberty, Soukup moved, seconded by Bahl, to adopt Resolution No. 04-09, RESOLUTION APPROVING THE COMMUNITY DEVELOPMENT AND HOUSING NEEDS ASSESSMENT FOR THE CITY OF NORTH LIBERTY, IOWA.  The vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried

Council members noted that Centro has been a good neighbor and corporate citizen and thanked Centro for their community spirit.  Bahl moved, seconded by Gardiner, to adopt Resolution No. 04-10, RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR ECONOMIC DEVELOPMENT SET-ASIDE FUNDING FOR CENTRO INC.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Maytag Corporation.  A public hearing was held on the request of the Maytag Corporation for financial assistance from the Iowa Department of Economic Development for Community Development Block Grant Public Facilities Set-Aside funding for a new regional warehouse facility to be located north of Penn Street and west of Jones Boulevard extended.  The new facility will create 66 new jobs and retain 10 jobs, at an average wage of $12.89 per hour, which will be available to low to moderate income persons.

Maytag is requesting assistance to help with the $16,000,000 facility cost plus and additional $1,083,366 in needed off-site water main and street improvements.  The City will contribute $40,532 to the request for $88,434 in Public Facilities Set-Aside funds for a water main connection necessary to provide the 2000 gpm and 40 psi needed for the facility.  An application is also proposed for RISE funding in the amount of $360,000 to be matched with a city contribution of $594,400.  No persons or businesses will be displaced as a result of the construction of the proposed regional warehouse facility.  No oral or written comments were received.  The public hearing was closed.

After discussion, Moody moved, seconded by Salm, to adopt Resolution No. 04-08, RESOLUTION APPROVING AN APPLICATION TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR PUBLIC FACILITIES SET-ASIDE FUNDING FOR THE MAYTAG CORPORATION REGIONAL WAREHOUSE FACILITY.  The vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Soukup moved, seconded by Moody, to adopt Resolution No. 04-19, RESOLUTION APPROVING AN APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR RISE FUNDS FOR STREET IMPROVEMENTS FOR THE MAYTAG CORPORATION REGIONAL WAREHOUSE FACILITY.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

South Slope Telephone Cable TV Franchise.  Public hearing was held on the proposal to grant a non-exclusive franchise to South Slope Cooperative Telephone Company for the erection, maintenance and operation of a cable television system within the City of North Liberty.  No oral or written comments were received.  The public hearing was closed.

After discussion, Bahl moved, seconded by Gardiner, to approve the first consideration of Ordinance No. 04-04, AN ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE TO SOUTH SLOPE COOPERATIVE TELEPHONE COMPANY TO PERMIT THE CONSTRUCTION, INSTALLATION, MAINTENANCE OR OPERATION, WITHIN OR ON ANY PUBLIC STREET OR OTHER PUBLIC PROPERTY OF THE CITY OF NORTH LIBERTY, OF EQUIPMENT AND FACILITIES FOR THE DISTRIBUTION OF CABLE TELEVISION SIGNALS TO THE CITIZENS OF NORTH LIBERTY, IOWA.  The vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

ICCSD North Corridor School Elementary.  Bahl moved, seconded by Salm, to approve the third consideration of Ordinance No. 04-03, AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS ON PROPERTY OWNED BY THE MCLAUGHLIN FAMILY LIMITED PARTNERSHIP TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE P PUBLIC DISTRICT.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Soukup moved, seconded by Moody, to adopt Ordinance No. 04-03.  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 North Corridor School Addition.  Kirk Perreau expressed concern about the additional traffic and the condition of the railroad crossing on Forevergreen Road.  The Mayor reported that the city is working with Coralville and Johnson County on improvements to 12th Avenue, Forevergreen Road and the Highway 965 intersection.  The railroad crossing is scheduled for grade improvement by the CRANDIC Railroad.  No other oral or written comments were received.  The public hearing was closed.

The Planning & Zoning Commission recommends approval of the Planned Area Development Plan subject to an agreement with the adjoining property owner on the fence location and an agreement on maintenance of the access drive and approval of the following variances listed on the plat: 1) no curbs on drives, 2) no curbs for parking stalls in lieu of precast concrete curb stops, 3) dumpster to be screened with landscaping, 4) service drive width of 15 feet, 5) access drive to overflow parking width of 12 feet, 6) no parking coverage trees between overflow parking lots and building, and 7) no lines to be painted on overflow parking lot.  After discussion, Bahl moved, seconded by Gardiner, to approve first consideration of Ordinance No. 04-06, AN ORDINANCE APPROVING THE VARIANCES TO THE NORTH LIBERTY ZONING CODE SET FORTH IN THE PLANNED AREA DEVELOPMENT PLAN FOR IOWA CITY COMMUNITY SCHOOL DISTRICT NORTH CORRIDOR ELEMENTARY, subject to agreements on the fence location and maintenance of the access drive and with the variances noted on the plat.  The vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Liberty Centre – Part One.  Council reviewed the proposed Developer’s Agreement for Liberty Centre Part One.  City Administrator noted that the Agreement is based on the Council’s previous agreement with the developer.  After discussion, Bahl moved, seconded by Moody, to adopt Resolution No. 04-11, RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF NORTH LIBERTY AND LIBERTY CENTRE DEVELOPMENT, L.C. THAT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH LIBERTY CENTRE – PART ONE WILL BE DEVELOPED IN THE CITY OF NORTH LIBERTY, IOWA, specifically the March 9, 2004, draft of the agreement.  The vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Liberty Centre – Part Two.  Council reviewed the final plat of Liberty Centre – Part Two.  The Planning & Zoning Commission recommends approval of the plat.  After discussion, Soukup moved, seconded by Moody, to adopt Resolution No. 04-12, RESOLUTION APPROVING PLAT AND SUBDIVISION OF LIBERTY CENTRE – PART TWO, NORTH LIBERTY, IOWA.  The vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Moody moved, seconded by Gardiner, to direct the City Attorney to prepare a Developer’s Agreement for Liberty Center – Part Two.  The vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Bio-Research Planned Area Development.  Public hearing was held on the amended Planned Area Development plan for Bio-Research Products.  No oral or written comments were received.  The public hearing was closed.  The Planning & Zoning Commission recommends approval of the amended Planned Area Development with variances to permit reduction of required parking spaces to 40 and planting the required screening trees on the east side of the railroad tracks.  After discussion, Soukup moved, seconded by Gardiner to approve first consideration of Ordinance No. 04-07, AN ORDINANCE APPROVING THE VARIANCES TO THE NORTH LIBERTY ZONING CODE SET FORTH IN THE AMENDED PLANNED AREA DEVELOPMENT PLAN FOR BIO-RESEARCH PRODUCTS INC., NORTH LIBERTY, IOWA, with 40 parking spaces and the trees located on the east side of the railroad tracks.  The vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Lots 3 & 4, Golf View Commercial Subdivision Part One.  Council reviewed the Planned Area Development plan for Lots 3 & 4, Golf View Commercial Subdivision Part One.  The Planning & Zoning Commission recommends approval of the Planned Area Development plan.  Council discussed whether brick should be required on the garages.  Developer’s engineer, Duane Musser, reported that the main building will be all brick and the garage units are proposed to have vinyl siding and will be screened with landscaping.  After discussion, Soukup moved, seconded by Gardiner, to approve the first consideration of Ordinance No. 04-08, AN ORDINANCE APPROVING THE VARIANCES TO THE NORTH LIBERTY ZONING CODE SET FORTH IN THE PLANNED AREA DEVELOPMENT PLAN FOR LOTS 3 & 4, GOLF VIEW COMMERCIAL SUBDIVISION, PART ONE, subject to approval of a landscaping plan to be submitted at the next meeting.  The vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Lot 15, Deerfield Seventh Addition.  Public hearing was held on the proposed Planned Area Development plan for Lot 15, Deerfield Seventh 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.  Council asked why three-story buildings were proposed instead of the 2 1/2 story allowed in the zoning code.  Developer, Cory Hodapp, responded that three-story buildings are more efficient to build and create more green space on the lot.  Salm thought that the code requirement may have been based on fire protection which is no longer an issue now that the city has a ladder truck.  After discussion, Moody moved, seconded by Gardiner, to approve first consideration of Ordinance No. 04-09, AN ORDINANCE APPROVING THE VARIANCES TO THE NORTH LIBERTY ZONING CODE SET FORTH IN THE PLANNED AREA DEVELOPMENT PLAN FOR LOT 15, DEERFIELD SEVENTH ADDITION, NORTH LIBERTY, IOWA, including the variance for three-story buildings.  The vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Lot 16, Deerfield Seventh Addition.  Public hearing was held on the proposed Planned Area Development plan for Lot 16, Deerfield Seventh 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 with three-story buildings.  After discussion, Bahl moved, seconded by Salm, to approve the first consideration of Ordinance No. 04-10, AN ORDINANCE APPROVING THE VARIANCES TO THE NORTH LIBERTY ZONING CODE SET FORTH IN THE PLANNED AREA DEVELOPMENT PLAN FOR LOT 16, DEERFIELD SEVENTH ADDITION, NORTH LIBERTY, IOWA.  The vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Penn Meadows Addition – Part IV.  Council reviewed the final plat of Penn Meadows Addition – Part IV which is a subdivision of two multi-family lots.  The Planning & Zoning Commission recommends approval of the subdivision.  After discussion, Salm moved, seconded by Moody, to adopt Resolution No. 04-13, RESOLUTION APPROVING THE PLAT AND SUBDIVISION OF PENN MEADOWS ADDITION – PART IV.  The vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Penn Meadows Addition – Part V.  Council reviewed the final plat of Penn Meadows Addition – Part V.  The Planning & Zoning Commission recommends approval of the plat subject to a drainage easement agreement with the owner of the property to the west.  Musser reported that a meeting with the property owner has been scheduled.  After discussion, Moody moved, seconded by Bahl, to defer action until an agreement is executed.  The vote was:  ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Quarter Moon Farms Annexation.  Public hearing was held on the application of Quarter Moon Farms to annex and simultaneously zone I-1 Industrial and C-2-A Highway Commercial 80 acres located north of Penn Street and west of Jones Boulevard extended.  The Planning & Zoning Commission recommends approval of the annexation and zoning.  The City Administrator reported that the annexation and zoning are consistent with the Comprehensive Plan.  No other oral or written comments were received.  Bahl moved, seconded by Moody, to continue the public hearing to March 23, 2004, to provide the required 14 day period for the County and utilities to comment.  The vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Cedar Springs.  Public hearing was held on the request for RS-3, RS-4 and RS-7 Single Family Residence districts, RD-8 Two-Unit Family Residence and RM-8 Multi-Family Residence districts in the Cedar Springs subdivision.  No oral or written comments were received.  The public hearing was closed.  The Planning & Zoning Commission recommends approval of the zoning with the stipulation that no building permits will be granted east of Tupelo Lane until a water booster pump is installed and with a recommendation that the developer meet with Bob Burns, owner of the property to the south of the subdivision regarding the access.  Staff recommends a cap of 125 units in the RM-8 zone and addressing the booster pump requirement in the Developer’s Agreement.

After discussion, Bahl moved, seconded by Gardiner, to approve the first consideration of Ordinance No. 04-13, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY CEDAR SPRINGS L.L.C. TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RS-3 SINGLE FAMILY RESIDENCE DISTRICT.  The vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

After discussion, Soukup moved, seconded by Bahl, to approve the first consideration of Ordinance No. 04-14, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY CEDAR SPRINGS L.L.C. TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RS-4 SINGLE FAMILY RESIDENCE DISTRICT.  The vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

After discussion, Salm moved, seconded by Moody, to approve the first consideration of Ordinance No. 04-17, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY CEDAR SPRINGS L.L.C. TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RS-7 SINGLE FAMILY RESIDENCE DISTRICT.  The vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

After discussion, Gardiner moved, seconded by Bahl, to approve the first consideration of Ordinance No. 04-15, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY CEDAR SPRINGS L.L.C. TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RD-8 TWO-UNIT FAMILY RESIDENCE DISTRICT.  The vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

After discussion, Bahl moved, seconded by Gardiner, to approve the first consideration of Ordinance No. 04-16, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY CEDAR SPRINGS L.L.C. TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE RM-8 MULTI-FAMILY RESIDENCE DISTRICT, with a maximum of 125 units to be permitted in the RM-8 district.  The vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Council reviewed the major revised preliminary plat for Cedar Springs Addition.  The Planning & Zoning Commission recommends approval of the preliminary plat.  Developer will be requested to rename some streets to prevent confusion with existing street names.  After discussion, Salm moved, seconded by Moody, to defer action on the preliminary plat.  The vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Fox Run Subdivision Parts 11 & 12.  Mayor Pro Tem Soukup assumed the chair.  Council reviewed the preliminary plat of Fox Run Subdivision Parts 11 & 12.  The Planning & Zoning Commission recommends approval of the preliminary plat.  The transportation plan approved by Planning & Zoning and the Council last year shows the connection between Scales Bend Road and Highway 965 to be located on the property north of the Fox Run Subdivision.  After discussion, Bahl moved, seconded by Moody, to adopt Resolution No. 04-15, RESOLUTION APPROVING THE PRELIMINARY PLAT OF FOX RUN SUBDIVISION PARTS ELEVEN AND TWELVE.  The vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Mayor Mekota resumed chair of the meeting.

320 West Cherry Street Zoning.  Bahl moved, seconded by Moody, to approve second consideration of Ordinance No. 04-02, AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS ON PROPERTY OWNED BY BRYCE CUNNINGHAM TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE C-1-B GENERAL COMMERCIAL DISTRICT.  City Administrator reported that the developer, Gary Werle, plans to submit a Planned Area Development plan for the property for the April Planning & Zoning Commission meeting.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

FY05 City Budget.  Public hearing was held on the proposed budget for the City of North Liberty for the fiscal year ending June 30, 2005.  No oral or written comments were received.  The public hearing was closed.  Moody moved, seconded by Salm, to adopt Resolution No. 04-16, RESOLUTION APPROVING THE ANNUAL BUDGET FOR THE CITY OF NORTH LIBERTY FOR THE FISCAL YEAR ENDING JUNE 30, 2005.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Water and Sewer Rates.  Council reviewed proposed increases in water and sanitary sewer utility rates that would increase the connection fee to $175 and the average residential monthly water bill by $1.05 and the average residential sanitary sewer bill by $.80.  After discussion, Bahl moved, seconded by Soukup, to approve the first consideration of Ordinance No. 04-11, AN ORDINANCE AMENDING CHAPTER 13.08, “WATER RATES AND CHARGES,” OF THE NORTH LIBERTY MUNICIPAL CODE BY AMENDING SECTION 13.08.020, “CONNECTION APPLICATION FEE TO INCREASE THE PERMIT FEE TO $175 AND BY AMENDING SECTION 13.08.030, “RATES AND CHARGES,” TO INCREASE THE CHARGE FOR WATER CONSUMED.  The vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Soukup moved, seconded by Gardiner, to approve the first consideration of Ordinance No. 04-12, AN ORDINANCE AMENDING CHAPTER 13.16, “SEWER RATES AND CHARGES,” OF THE NORTH LIBERTY MUNICIPAL CODE BY AMENDING SECTION 13.16.030, “APPLICATION FEE,” BY INCREASING THE PERMIT FEE TO $175 AND BY AMENDING SECTION 13.16.020, “SERVICE CHARGE SCHEDULE,” BY INCREASING THE CHARGES FOR SANITARY SEWER SERVICE.  The vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Snow Removal.  Bahl moved, seconded by Moody, to approve the second consideration of Ordinance No. 04-05, AN ORDINANCE AMENDING CHAPTER 9.02, “OFFENSES GENERALLY,” OF THE NORTH LIBERTY MUNICIPAL CODE BY AMENDING SECTION 9.02.060, “OFFENSES AGAINST STREETS,” THEREIN BY ADDING SUBSECTION D, “DEPOSITING SNOW OR ICE UPON STREETS, SIDEWALKS OR MUNICIPAL PARKING LOTS,” TO THE ACTIONS PROHIBITED.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Capital Planning.  City Administrator reported that a capital projects planning work session will be held on March 18, 2004, beginning at 6:00 p.m.

Washington DC Legislative Trip.  Council member Moody reported on his trip with the Iowa City and Cedar Rapids Chambers of Commerce and other governmental leaders to Washington DC to visit with legislators regarding area concerns.

Old Business.  Council members discussed the spring street embargo and violators and suggested that contractors be notified.

Council members discussed the pros and cons of three-story multi-family buildings vs. 2 1/2-story buildings, specifically green space and shading of adjoining lots.  The code requirement will be scheduled for discussion by Planning & Zoning Commission and Council.

Adjournment.  Moody moved, seconded by Bahl, to adjourn the meeting at 8:25 p.m.  Motion carried.