City Council Minutes September 28, 2004

September 28, 2004
No. 7

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, Kevin Trom, Mary K. Mitchell, Travis Alden, Diedre Bello, Lori Lindner, Christina Erb, Paul Osterholt, Kirsten Fry, Gary Werle, Kevin Vogel, Scott Andersen and interested citizens.

Consent agenda.  Moody moved, seconded by Bahl, to approve staff reports, Community Center Phase II update, renewal of Class E Liquor, Carry Out Beer and Sunday Sales permits for Holiday Spirits, renewal of Class C Beer, Carry Out Wine and Sunday Sales permits for Holiday Foods, Telecommunication Commission minutes, City Council minutes of September 14, 2004, August receipts and payment of the attached list of claims.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm and Soukup; nays—none.  Motion carried.

Cherry Creek Square.  Bahl moved, seconded by Moody, to reconsider the “Amended” Planned Area Development plan for Cherry Creek Square with a 654 s.f. first-floor handicapped accessible dwelling unit.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm and Soukup; nays—none.  Motion carried.

Moody moved, seconded by Soukup, to approve the first consideration of Ordinance No. 04-58, AN ORDINANCE APPROVING THE VARIANCES TO THE NORTH LIBERTY ZONING CODE SET FORTH IN THE “AMENDED” PLANNED AREA DEVELOPMENT PLAN FOR CHERRY CREEK SQUARE LOCATED ON LOT 9, NORTH LIBERTY COMMERCIAL PARK AND THE ABUTTING ONE-ACRE PARCEL, including a 10-foot rear yard.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm and Soukup; nays—none.  Motion carried.

Kirsten Fry requested a condensation of readings so that final approval is received in time to take advantage of the Fall construction season.  Public hearing on the amended plat has been published for October 12.  Second and third considerations will be scheduled for that meeting.

J.M. Swank Company Project.  Council reviewed the Development Agreement with the J.M. Swank Company.  Bahl moved, seconded by Salm, to adopt Resolution No. 04-137, RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF NORTH LIBERTY AND CONAGRA FOODS THAT’S SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH A TAX INCREMENT FINANCING REBATE WILL BE GRANTED.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm and Soukup; nays—none.  Motion carried.

Fox Run Subdivision – Part 11.   Mayor Pro Tem Soukup assumed the chair.  Council reviewed the Engineer’s report on completion of improvements in Fox Run Subdivision – Part 11.  Bahl moved, seconded by Gardiner, to adopt Resolution No. 04-131, RESOLUTION ACCEPTING PROPERTY IMPROVEMENTS, EROSION CONTROL AND GRADING IN FOX FUN SUBDIVISION – PART 11, subject to receipt of an escrow to cover the cost of completion of remaining items.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm and Soukup; nays—none.  Motion carried.

Fox Run Subdivision – Part 12.  Council reviewed the Engineer’s report on completion of improvements in Fox Run Subdivision – Part 12.  Moody moved, seconded by Salm, to adopt Resolution No. 04-132, RESOLUTION ACCEPTING PROPERTY IMPROVEMENTS, EROSION CONTROL AND GRADING IN FOX RUN SUBDIVISION – PART 12, subject to addition of a water main easement and receipt of an escrow to cover the cost of completion of remaining items.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm and Soukup; nays—none.  Motion carried.

Mayor Mekota resumed the chair.

Industrial Development Programs.  Bahl moved, seconded by Moody, to approve third consideration of Ordinance No. 04-112, AN ORDINANCE AMENDING TITLE 3, “REVENUE AND FINANCE,” OF THE NORTH LIBERTY CODE BY ADDING CHAPTER 3.10, “SPECULATIVE SHELL BUILDINGS,” TO ALLOW AN EXEMPTION FROM PROPERTY TAXATION FOR SPECULATIVE SHELL BUILDINGS.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm and Soukup; nays—none.  Motion carried.

Moody moved, seconded by Bahl, to adopt Ordinance No. 04-112.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm and Soukup; nays—none.  Motion carried.

Auto Dealership Regulations.  Soukup moved, seconded by Moody, to approve second consideration of Ordinance No. 04-44, AN ORDINANCE AMENDING TITLE 17 “ZONING,” BY ADDING TO CHAPTER 17, “SPECIAL USES,” SECTION 1705, “AUTO DEALERSHIPS AND AUTO SALES-USED,” TO ADD REGULATIONS GOVERNING THE OPERATION OF AUTO DEALERSHIPS.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm and Soukup; nays—none.  Motion carried.

Water Service—Installation & Maintenance.  Council reviewed a proposed ordinance to establish that the property owner is responsibility for installation and maintenance of water services, including the saddle on the main line.  Salm noted that the City accepts saddles along with the water mains when improvements in new subdivisions are accepted.  The owner has no control over the installation of the saddle.  He also requested a copy of the existing code to review.  Salm moved, seconded by Moody, to table action until the next meeting.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm and Soukup; nays—none.  Motion carried.

Scales Bend Road Speed Limit.   Council reviewed the proposal to establish a 45 mph speed limit on Scales Bend Road within the city limits.  Bahl moved, seconded by Soukup, to approve first consideration of Ordinance No. 04-59, AN ORDINANCE AMENDING CHAPTER 12.20, “SPEED LIMITS,” OF THE NORTH LIBERTY MUNICIPAL CODE BY AMENDING SECTION 10.20.020 “EXCEPTIONS TO SPEED LIMITS,” TO ESTABLISH THE SPEED LIMITS ON SCALES BEND ROAD FROM HIGHWAY 965 TO THE NORTH CITY LIMIT AT 45 MPH.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm and Soukup; nays—none.  Motion carried.

Annual Street Report.  Council reviewed the Street Finance Report for FY04.  Bahl moved, seconded by Gardiner, to adopt Resolution No. 04-130, RESOLUTION APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING FOR THE CITY OF NORTH LIBERTY, IOWA, FOR THE FISCAL YEAR ENDING JUNE 30, 2004.  After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm and Soukup; nays—none.  Motion carried.

Beaver Kreek Park.  City Administrator noted that the new playground equipment is being installed in Beaver Kreek Park.

Forevergreen Road.  Salm noted that the design of the Forevergreen Road improvements has been restarted.  It was the consensus of the Council to also proceed with construction of the Highway 965/Forevergreen Road intersections improvements as soon as possible.

Golf View Drive.  Soukup asked the status of the Golf View Drive connection.  Council will hold a work session on capital projects next month.

Ground Floor Handicapped Unit.  Bahl stated that he is uncomfortable with permitting a ground floor handicapped-accessible dwelling on the ground floor in a commercial district.  Osterholt reported that the Planning & Zoning Commission is considering permitting taller buildings in commercial areas that would justify the cost of an elevator.

Adjournment.  Bahl moved, seconded by Moody, to adjourn the meeting at 7:40 p.m.  Motion carried.