City Council Minutes November 9, 2004

November 9, 2004
No. 10

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, Gardiner, Moody, Salm and Soukup.  Absent: Mayor Mekota.

Also present were Brian James, Kevin Trom, Mary K. Mitchell, Travis Alden, Paul Osterholt, Duane Musser, Bryan Wilhelm, Scott Shrader, Cody Wagner, Rob Wagner, Anthony Marlowe and interested citizens.

Consent agenda.  Bahl moved, seconded by Moody, to approve staff reports, Library policy changes, renewal of Class B Beer and Sunday Sales permits for Pizza Ranch, Resolution No. 04-141, approving street lights in Progress Park Part Two, Planning & Zoning Commission minutes, City Council minutes of October 26, 2004 and payment of the attached list of claims.  Council members discussed the unusually high 26% water loss this month that was due to emptying the tower for repair and flushing hydrants.  After discussion, the vote was:  ayes—Bahl, Gardiner, Moody, Salm and Soukup; nays—none.  Motion carried.

Lot 19, Deerfield Fourth Addition.  Duane Musser presented the industrial site plan for McDonough Structures on Lot 19, Deerfield Fourth Addition.  The Planning & Zoning Commission recommends approval of the site plan subject to changing the trees shown on the site plan from a deciduous variety to an evergreen variety.  Bahl moved, seconded by Gardiner, to adopt Resolution No. 04-142, RESOLUTION APPROVING THE INDUSTRIAL DEVELOPMENT SITE PLAN FOR LOT 19, DEERFIELD FOURTH ADDITION, NORTH LIBERTY, IOWA, subject to including evergreen trees on the site plan.  After discussion, the vote was:  ayes—Bahl, Gardiner, Moody, Salm and Soukup; nays—none.  Motion carried.

North Corridor School.  The public hearing on the Planned Area Development plan for the North Corridor Junior High School was continued.  No oral or written comments were received.  The public hearing was closed.  The Planning & Zoning Commission recommends approval with the following variances: screening of the dumpster with landscaping, a 15′ width service drive, no curbs on the interior island of the westerly parking lot and adding a storm sewer easement when the final Forevergreen Road design is completed.

Bahl moved, seconded by Moody, to approve first consideration of Ordinance No. 04-60, AN ORDINANCE APPROVING THE VARIANCES TO THE NORTH LIBERTY ZONING CODE SET FORTH IN THE PLANNED AREA DEVELOPMENT PLAN FOR THE IOWA CITY COMMUNITY SCHOOL DISTRICT NORTH CORRIDOR JUNIOR HIGH, NORTH LIBERTY, IOWA, subject to the Planning & Zoning Commission recommendations.  After discussion, the vote was:  ayes—Bahl, Gardiner, Moody, Salm and Soukup; nays—none.  Motion carried.

Progress Park Part Four.  Council reviewed the final plat of Progress Park Part Four.  The Planning & Zoning Commission recommends approval subject to obtaining an off-site easement for the storm sewer.  Bahl moved, seconded by Salm, to adopt Resolution No. 04-143, RESOLUTION APPROVING PLAT AND SUBDIVISION OF PROGRESS PARK PART FOUR, NORTH LIBERTY, IOWA, subject to filing the off-site storm sewer easement.  After discussion, the vote was:  ayes—Bahl, Gardiner, Moody, Salm and Soukup; nays—none.  Motion carried.

Cedar Springs Part Two.  Council reviewed the Developer’s Agreement for Cedar Springs Part Two.  Bahl moved, seconded by Gardiner, to adopt Resolution No. 04-144, RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF NORTH LIBERTY AND CEDAR SPRINGS LLC THAT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH CEDAR SPRINGS PART TWO WILL BE DEVELOPED.  After discussion, the vote was:  ayes—Bahl, Gardiner, Moody, Salm and Soukup; nays—none.  Motion carried.

Cedar Springs Part Three.  Council reviewed the Developer’s Agreement for Cedar Springs Part Three.  Salm moved, seconded by Gardiner, to adopt Resolution No. 04-145, RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF NORTH LIBERTY AND CEDAR SPRINGS LLC THAT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH CEDAR SPRINGS PART THREE WILL BE DEVELOPED.  After discussion, the vote was:  ayes—Bahl, Gardiner, Moody, Salm and Soukup; nays—none.  Motion carried.

Cedar Springs Part Four.  Council reviewed the Developer’s Agreement for Cedar Springs Part Four.  Bahl moved, seconded by Salm, to adopt Resolution No. 04-146, RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF NORTH LIBERTY AND CEDAR SPRINGS LLC THAT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH CEDAR SPRINGS PART FOUR WILL BE DEVELOPED.  After discussion, the vote was:  ayes—Bahl, Gardiner, Moody, Salm and Soukup; nays—none.  Motion carried.

MBM Development.  Council reviewed a proposed development agreement with MBM Development LLC, a real estate holding company that plans to build an office building with an estimated value of $900,000.  The agreement provides for a TIF grant of 5% of the assessed new value added.  MBM Development plans to lease space to TM One.  After discussion, Bahl moved, seconded by Salm, to adopt Resolution No. 04-147, RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF NORTH LIBERTY AND MBM DEVELOPMENT LLC THAT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH A TAX INCREMENT FINANCING GRANT WILL BE OFFERED.  After discussion, the vote was:  ayes—Bahl, Gardiner, Moody, Salm and Soukup; nays—none.  Motion carried.

Fire Department Officers.  The following slate of officers was elected by the North Liberty Volunteer Firefighters for two-year terms: Chief—Eric Vandewater, Asst. Chief—Jeremy Snyder and Secretary-Treasurer—Scott Shrader.  Moody moved, seconded by Gardiner, to approve the Fire Department officers.  After discussion, the vote was:  ayes—Bahl, Gardiner, Moody, Salm and Soukup; nays—none.  Motion carried.

Water Service—Installation & Maintenance.  Bahl moved, seconded by Gardiner, to approve third consideration of Ordinance No. 04-57, AN ORDINANCE AMENDING CHAPTER 13.04 ENTITLED “WATER RULES AND REGULATIONS,” OF THE NORTH LIBERTY MUNICIPAL CODE BY REPEALING SECTION 13.04.050, “SERVICE INSTALLATION AND MAINTENANCE EXPENSE,” AND ADOPTING IN LIEU THEREOF A NEW SECTION 13.04.050 TO ESTABLISH THE RESPONSIBILITY OF THE WATER CUSTOMER TO INSTALL AND MAINTAIN THE WATER SERVICE INCLUDING THE SADDLE.  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. 04-57.  After discussion, the vote was:  ayes—Bahl, Gardiner, Moody, Salm and Soukup; nays—none.  Motion carried.

Alexander Way RISE.  City Administrator reported that the Iowa Department of Transportation has awarded a second RISE grant of $177,794 toward construction of the next 937 feet of Alexander Way.  The developer will pay the balance of the cost to construct Alexander Way north to 240th Street.

Dubuque/Front Street Intersection.  The JCCOG study of accidents at the Dubuque/Front intersection reports 7 accidents within the past 5 years which is well below the 5-in-one-year threshold for installation of a stop sign.

Adjournment.  Moody moved, seconded by Gardiner, to adjourn the meeting at 7:30 p.m.  Motion carried.