City Council Minutes July 27, 2004

July 27, 2004
No. 2

North Liberty Council members met at the Library at 6:30 for an update and presentation of the Library’s annual report.

Mayor Mekota called the regular session to order in Council Chambers at 7:00 p.m.

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

Also present were William J. Sueppel, Kevin Trom, Mary K. Mitchell, Travis Alden, Jim Strubel, Dee Crowner, Kathy O’Malley, Bill Dorst and interested citizens.

Consent Agenda.  Bahl moved, seconded by Soukup, to approve staff reports, renewal of Class C Liquor, Sunday Sales and Outdoor Sales permits for Café Brown Bottle, new Class C Liquor and Sunday Sales permits for Eggy’s on Highway 965 subject to final completion and approval, City Council minutes of July 13, 2004, June receipts and payment of the attached list of claims.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Community Center Phase II.  Jim Strubel, CEO of the J.M. Swank Company, presented a $2,000 donation from the ConAgra Foods Foundation to Community Center Phase II project.  The J.M. Swank Company, who applied for the grant from the ConAgra Foundation on behalf of the City, also contributed $2,500 to the Community Center project.  Mayor Mekota expressed the City’s appreciation for the commitment of the J.M. Swank Company and the ConAgra Foods Foundation to North Liberty.

Lot 9, T&R Subdivision.  Public hearing was held on the Planned Area Development plan for a proposed addition to the Liberty Doors building located at 900 West Penn Street.  No oral or written comments were received.  The public hearing was closed.  Soukup moved, seconded by Moody, to approve the second consideration of Ordinance No. 04-45, AN ORDINANCE APPROVING THE VARIANCES TO THE NORTH LIBERTY ZONING CODE SET FORTH IN THE PLANNED AREA DEVELOPMENT PLAN FOR LIBERTY DOORS, 900 WEST PENN STREET, NORTH LIBERTY, IOWA.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Lot 1, Quail Creek Third Addition.  Bahl moved, seconded by Gardiner, to approve second consideration of Ordinance No. 04-46, AN ORDINANCE APPROVING THE AMENDMENT TO THE PLANNED AREA DEVELOPMENT PLAN FOR EPLEY MARKETING SERVICES, LOT 1, QUAIL CREEK THIRD ADDITION, NORTH LIBERTY, IOWA.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Lots 82 & 83, Deerfield Thirteenth Addition.  Bahl moved, seconded by Moody, to approve second consideration of Ordinance No. 04-49, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY RHINEHART 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.

Bio Research Products Amended Planned Area Development.  Bahl moved, seconded by Salm, to approve second consideration of Ordinance No. 04-47, AN ORDINANCE APPROVING THE AMENDMENT TO THE INDUSTRIAL PLANNED AREA DEVELOPMENT PLAN FOR BIO RESEARCH PRODUCTS, 323 WEST CHERRY STREET, NORTH LIBERTY, IOWA.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Penn Meadows Addition – Part VI.  Salm moved, seconded by Gardiner, to approve second consideration of Ordinance No. 48, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY H&O LC 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.

Broadmoor Estates – Part Six.  Council reviewed the proposed agreement for the development of Broadmoor Estates – Part Six.  Moody moved, seconded by Bahl, to adopt Resolution No. 04-81, RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF NORTH LIBERTY AND BROADMOOR ESTATES, L.L.C. THAT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH BROADMOOR ESTATES – PART SIX WILL BE DEVELOPED IN THE CITY OF NORTH LIBERTY, IOWA, with the specific requirement for six-foot walkways to provide access to Outlot A.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Broadmoor Estates – Part Seven.  Council reviewed the proposed agreement for the development of Broadmoor Estates – Part Seven.  Bahl moved, seconded by Soukup, to adopt Resolution No. 04-82, RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF NORTH LIBERTY AND BROADMOOR ESTATES, L.L.C. THAT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH BROADMOOR ESTATES – PART SEVEN 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.

Liberty Centre Part Three.  Council reviewed the proposed agreement for the development of Liberty Centre Part Three.  Council reviewed the fees set forth at the time of preliminary plat approval that are to be incorporated into the agreement.  Bahl moved, seconded by Salm, to adopt Resolution No. 04-83, 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 THREE WILL BE DEVELOPED IN THE CITY OF NORTH LIBERTY, IOWA, subject to the previous agreement with Liberty Centre LLC.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

2004 General Obligation/TIF Bonds.  Public hearing was held on the proposal to take action to institute proceedings for the issuance of $1,560,000 General Obligation Urban Renewal Corporate Purpose Bonds.  No oral or written comments were received.  The public hearing was closed.  Soukup moved, seconded by Bahl, to adopt Resolution No. 04-84, RESOLUTION DETERMINING TO PROCEED WITH THE SALE AND ISSUANCE OF $1,560,000 GENERAL OBLIGATION URBAN RENEWAL CORPORATE PURPOSE BONDS, SERIES 2004, AND PROVIDING FOR THE ADVERTISEMENT OF SUCH SALE.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Lindner First Addition.  Council reviewed the proposed agreement for use of the surplus capacity in the Liberty Centre stormwater detention pond to satisfy the stormwater detention requirement for Lindner First Addition.  As future owner of the detention pond, the City is made a party to the agreement.  Bahl moved, seconded by Salm, to adopt Resolution No. 04-88, RESOLUTION APPROVING THE AGREEMENT REGARDING STORMWATER DETENTION BETWEEN LIBERTY CENTRE DEVELOPMENT, L.C. AND BRADFORD J. HOUSER AND BECKY J. HOUSER AND THE CITY OF NORTH LIBERTY, IOWA.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Kansas Avenue Parking.  Soukup moved, seconded by Bahl, to approve second consideration of Ordinance No. 04-52, AN ORDINANCE AMENDING CHAPTER 10.36, “STOPPING, STANDING AND PARKING,” OF THE NORTH LIBERTY MUNICIPAL CODE TO ADD SUBSECTION 10.36.050(LL) TO PROHIBIT PARKING ON KANSAS AVENUE.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Broadmoor Estates Part 5.  Council reviewed the status report on construction of improvements in Broadmoor Estates Part 5.  City Engineer recommends an escrow of $5,000 for completion of remaining items.  Bahl moved, seconded by Moody, to adopt Resolution No. 04-85, RESOLUTION ACCEPTING PROPERTY IMPROVEMENTS, EROSION CONTROL AND GRADING IN BROADMOOR ESTATES PART 5, NORTH LIBERTY, IOWA, subject to receipt of the escrow.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Harvest Estates Part Two.  Council reviewed the status report on construction of improvements in Harvest Estates Part Two.  City Engineer recommends an escrow of $16,800 for completion of remaining items.  Moody moved, seconded by Bahl, to table until the next Council meeting because so many items remain.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Penn Meadows Part Four.  Council reviewed the status report on construction of improvements in Penn Meadows Part Four.  City Engineer recommends an escrow of $5,000 for completion of remaining items.  Bahl moved, seconded by Soukup, to adopt Resolution No. 04-87, RESOLUTION ACCEPTING PROPERTY IMPROVEMENTS, EROSION CONTROL AND GRADING IN PENN MEADOWS PART FOUR, NORTH LIBERTY, IOWA.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.

Design Standards.  Review proposed changes to design standards for water service appurtenances, hydrants and manholes.  Soukup moved, seconded by Moody, to approve the proposed Design Standards changes.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm, Soukup; nays—none.  Motion carried.  City Engineer was directed to begin implementation of the design standards immediately.  A copy of the updated Design Standards will be mailed to contractors.

Comprehensive Plan Update.  James Moody and Tom Salm volunteered to represent the City Council on the committee working on the update of the North Liberty Comprehensive Plan.

Old Business.  Soukup noted the trash and weeds around the pond in Deerfield Seventh Addition.  Mekota noted that the Suburban Landscape parking lot still needs to be asphalted.

New Business.  Bahl suggested that a Council packet be made to have available to the public at the Library.

Adjournment.  Bahl moved, seconded by Soukup, to adjourn the meeting at 7:38 p.m.  Motion carried.