City Council Minutes December 14, 2004

December 14, 2004
No. 12

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 and Salm.

Also present were Brian James, William J. Sueppel, Kevin Trom, Mary K. Mitchell, Travis Alden, Tom Palmer, Diedre Bello, Lori Lindner, Paul Osterholt, Steve Anderson, Dave Franker, William Mausser, Stephanie Jones, James Wozniak, Chris Hoffman, Marvin Kerr, Peggy Waters, Carol Thompson, Mike Stoffregen, Karla Davis, Jim Strubel, Kevin Vogel, Shawn Yoder, Duane Musser, Susan and Gordon Glasgow, Jim Hennis, Dan Schmidt and interested citizens.

The City Council met informally with applicants for Boards and Commissions and for the City Council vacancy.

Consent Agenda. Bahl moved, seconded by Salm, to approve staff reports, Resolution No. 04-153 approving street lights in Penn Meadows – Part V, new Class C Liquor and Sunday Sales permits for Yang Chow Wok restaurant, new 5-day Class C Liquor License for Club 76 for January 7-12, 2005 at the South Slope Community Room, Planning & Zoning Commission, Telecommunications Commission and Park & Recreation Commission minutes, City Council minutes of November 23, 2004, November receipts and payment of the attached list of claims. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Fleck Annexation and Zoning. Public hearing was held on the application of Sabra and Brian Fleck to annex and simultaneously zone ID Interim Development district a three-acre parcel adjacent to Cahill Addition. No oral or written comments were received. The Planning & Zoning Commission recommends approval of the annexation and zoning. Bahl moved, seconded by Gardiner, to adopt Resolution No. 04-154, RESOLUTION APPROVING THE APPLICATION OF BRIAN FLECK AND SABRA FLECK TO ANNEX A TRACT OF GROUND TO THE CITY OF NORTH LIBERTY. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Bahl moved, seconded by Moody, to approve first consideration of Ordinance No. 04-62, AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CHANGE THE USE REGULATIONS ON PROPERTY OWNED BY SABRA FLECK AND BRIAN FLECK TO THOSE SET FORTH IN THE NORTH LIBERTY ZONING CODE FOR THE ID INTERIM DEVELOPMENT DISTRICT. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Liberty Medical and Commerce Center. Council reviewed the preliminary plat of Liberty Medical and Commerce Center. An agreement was presented between developer, LMC Partners, LLC. and J&M Associates, LLC, owner of adjoining property, for construction of an area storm water detention pond to serve both properties. A preliminary agreement by Harold Cameron to grant a sanitary sewer easement contingent upon his approval of the easement agreement was also presented. A public hearing will be scheduled for vacation of the previous Liberty Medical and Commerce Center plat. Bahl moved, seconded by Salm, to adopt Resolution No. 04-150, RESOLUTION APPROVING PRELIMINARY PLAT OF LIBERTY MEDICAL AND COMMERCE. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

The final plat of Liberty Medical and Commerce Center has been revised to accommodate the shared storm water detention design. The Planning & Zoning Commission recommends approval subject to finalizing the storm water and sanitary sewer easement agreements with adjoining property owners, approval of construction drawings by the City Engineer and vacation of the existing Liberty Medical and Commerce Center plat. Bahl moved, seconded by Salm, to adopt Resolution No. 04-155, RESOLUTION APPROVING PLAT AND SUBDIVISION OF LIBERTY MEDICAL AND COMMERCE CENTER, NORTH LIBERTY, IOWA, subject to receipt of signed easement agreements and approval of construction drawings by the City Engineer. After discussion, the vote was: ayes—Bahl, Gardiner, Salm; nays—Moody. Motion carried.

Lot 15, I-380 Industrial Park. Council reviewed the site plan submitted by Brown National Lease for Lot 15, I-380 Industrial Park. The Planning & Zoning Commission recommends approval of the site plan subject to submittal of north and south building elevations, an approved lighting plan and relocating the required trees from the sewer easement. The Mayor noted that Stoner Court should be extended to the southern boundary of Lot 15, requiring dedication of a 30′ right-of-way along the western boundary of Lot 15. The Mayor stated that the City would be flexible with parking requirements if the owner dedicates the easement. City Administrator will proceed with acquiring the necessary right-of-way. Bahl moved, seconded by Gardiner, to adopt Resolution No. 04-156, RESOLUTION APPROVING THE INDUSTRIAL DEVELOPMENT SITE PLAN FOR LOT 15, I-380 INDUSTRIAL PARK. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Public hearing was held on the request of Brown National Lease for a Conditional Use Permit for outdoor storage of semi trailers on Lot 15, I-380 Industrial Park. No oral or written comments were received. The Planning & Zoning Commission recommends approval of the Conditional Use Permit. Moody moved, seconded by Gardiner, to adopt Resolution No. 04-157, RESOLUTION APPROVING CONDITIONAL USE PERMIT TO BROWN NATIONAL LEASE FOR OUTDOOR STORAGE OF SEMI TRAILERS ON LOT 15, I-380 INDUSTRIAL PARK. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Community Foundation of Johnson County. Mike Stoffregen, Executive Director of the Community Foundation of Johnson County, reviewed with the Council the proposed agreement with the Community Foundation of Johnson County to establish a Designated Agency Endowment Fund for the North Liberty Community Library and the provisions of Exhibit B that grant the right to the City for future withdrawal of the capital balance for legitimate need, i.e. library expansion. The Library Board of Trustees proposes to contribute $5,000 from their capital account to establish the fund. Moody moved, seconded by Bahl, to adopt Resolution No. 04-148, RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF NORTH LIBERTY AND THE COMMUNITY FOUNDATION OF JOHNSON COUNTY, IOWA, THAT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH THE NORTH LIBERTY COMMUNITY LIBRARY FUND WILL BE ESTABLISHED AND MAINTAINED. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

North Corridor School. Moody moved, seconded by Salm, to approve third 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. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Moody moved, seconded by Gardiner, to adopt Ordinance No. 04-60. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Alexander Way RISE Agreement. Council reviewed the Agreement with the Iowa Department of Transportation for a RISE grant in the amount of $177,974 to pay one-half the cost of the construction of Alexander Way from the Maytag drive north 937 feet. The developer will pay the local match of $177,973 and will also construct the remaining distance north to 240th Street. Salm moved, seconded by Moody, to adopt Resolution No. 04-158, RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF NORTH LIBERTY AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR A REVITALIZE IOWA’S SOUND ECONOMY PROGRAM (RISE) PROJECT. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Highway 965/Forevergreen Road TSIP Agreement. Council reviewed the Agreement with the Iowa Department of Transportation for $120,000 STIP funds for the Highway 965/Forevergreen Road intersection improvements. Moody moved, seconded by Bahl, to adopt Resolution No. 04-159, RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF NORTH LIBERTY AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR TRAFFIC SAFETY IMPROVEMENT FUNDING. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Cedar Springs Improvements. Council reviewed the engineering report regarding status of improvements in Cedar Springs Additions. Moody moved, seconded by Bahl, to adopt Resolution No. 04-160, RESOLUTION ACCEPTING PAVEMENT AND STORM SEWER IN CEDAR SPRINGS PART ONE AND THE CEDAR SPRINGS DRIVE PAVEMENT AND STORM SEWER AND WATER MAIN ALONG CEDAR SPRINGS DRIVE, subject to receipt of the maintenance bonds. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Copeland’s Meadow Improvements. Council reviewed the engineering report regarding status of improvements in Copeland’s Meadow. Moody moved, seconded by Bahl, to adopt Resolution No. 04-161, RESOLUTION ACCEPTING PROPERTY IMPROVEMENTS IN COPELAND’S MEADOW, subject to receipt of $2,000 in escrow for seeding and a written agreement for the installation of sidewalks. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Deerfield Ninth. Council reviewed the Developer’s Agreement for Deerfield Ninth Addition. Moody moved, seconded by Salm, to adopt Resolution No. 04-162, RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF NORTH LIBERTY AND DEVMONT DEVELOPMENT THAT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH DEERFIELD NINTH ADDITION WILL BE DEVELOPED IN THE CITY OF NORTH LIBERTY, IOWA. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Snowmobile Routes. Bahl moved, seconded by Moody, to approve second consideration of Ordinance No. 04-61, AN ORDINANCE AMENDING CHAPTER 10.52, “SNOWMOBILES,” OF THE NORTH LIBERTY MUNICIPAL CODE BY AMENDING SECTION 10.52.050, “DESIGNATED ROUTES AND OPERATION,” TO DELETE JONES BOULEVARD AS A ROUTE AND TO ESTABLISH A ROUTE ON PENN STREET FROM JONES BOULEVARD TO THE WESTERN BOUNDARY OF LIBERTY’S GATE SUBDIVISION AND ALSO ON KANSAS AVENUE FROM 270TH STREET TO FOREVERGREEN ROAD, THEN WEST ON FOREVERGREEN ROAD TO THE WEST CITY LIMIT. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Moody moved, seconded by Bahl, to suspend the rule requiring an ordinance to be considered on three different days. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried. Moody moved, seconded by Bahl, to approve third consideration of Ordinance No. 04-61. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried. Moody moved, seconded by Bahl, to adopt Ordinance No. 04-61. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Liberty Center Project. Council reviewed the Liberty Center Project proposal to create a unique public/commercial area and community focal point at the Liberty Centre pond by adding a perimeter trail, bridge, fountains, fishing pier, pavilion and landscaping. An important part of the project is a safe pedestrian access Highway 965 via an underpass and a trail extension north to 240th Street. The Liberty Center Project is proposed to be funded with $128,000 from the developer and property owners, $2,000 from the Johnson County Board of Supervisors, $1,000,000 in Vision Iowa Community Attraction and Tourism funds and $1,970,000 in TIF bonds that will be repaid with the property taxes from new commercial buildings in Liberty Centre.

The amendment to the North Liberty Trails plan that incorporates the Highway 965 underpass and the north trail extension has been approved by the Park and Recreation Commission. Moody moved, seconded by Bahl, to adopt Resolution No. 04-163, RESOLUTION ADOPTING THE NORTH LIBERTY TRAILS PLAN AS A GUIDE FOR THE DEVELOPMENT OF A TRAIL SYSTEM IN NORTH LIBERTY. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Bahl moved, seconded by Moody, to adopt Resolution No. 04-164, RESOLUTION TO SUPPORT THE LIBERTY CENTER PROJECT AND AUTHORIZING THE APPLICATION TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR A $1,000,000 GRANT FROM THE VISION IOWA COMMUNITY ATTRACTION AND TOURISM FUND FOR THE CONSTRUCTION OF THE LIBERTY CENTER PROJECT. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

J.M. Swank Building. Point Builders requested approval to change the plaster system on the exterior of the office portion of the new J.M. Swank Building on Herky Drive to all pre-cast concrete to permit cold weather construction. Moody moved, seconded by Salm, to approve the request from Point Builders for a change in color and architectural features on the J.M. Swank Building on Lots 1&2, I-380 Industrial Park. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Rudi’s Bakery. City Attorney stated, that in his opinion, it would be worthwhile for the City to pursue a judgment against Rudi’s Bakery for loan defaults of $99,332 in RISE and RED funding and then transfer the judgment to Colorado. He has contacted the Iowa Attorney General’s office to see if they have an interest in a joint or separate action. Moody moved, seconded by Bahl, to direct the City Attorney to purse action. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Suburban Landscape. City Administrator reported that three items remain to be completed by Suburban Landscape to comply with their development agreement with the City. A 12-foot drive with 6″ rollover curb is scheduled to be completed by the end of the week, as is the handicap ramp and handrails for the office. The storage area must be seal coated or an amount escrowed equal to 110% of the cost of the seal coating. Bahl moved, seconded by Moody, to set a public hearing for January 25, 2005 on revocation of Suburban Landscape’s conditional use permit if the items have not been satisfactorily resolved prior to that. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Advance Millwork Rental Building. City Administrator reported that certificate of occupancy will not be issued for Advance Millwork for their rental units until the canopies have been installed, the detention basin has been constructed according to an approved design and the dumpster enclosures have been stalled. Also the Will Haul business is occupying a unit without the occupancy permit and is storing U Haul units outside without a conditional use permit. Gordon and Susan Glasgow requested a time extension for installation of the canopies and stated that because of their highway exposure, they would prefer not to provide a dumpster but have each tenant dispose of their own trash. Salm moved, seconded by Bahl, to approve the following deadlines: installation of the canopies on the building by March 15, dumpster and enclosure in place by February 1, and completion of detention pond by June 1. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

City Council Appointment. Moody moved to appoint Paul Osterholt to the City Council to fill the vacancy created by John Soukup’s resignation. There was no second to the motion. Bahl moved, seconded by Salm, to appoint Dave Franker to fill the City Council vacancy until the November 2005 election. After discussion, the vote was: ayes—Bahl, Gardiner, Salm; nays—Moody. Motion carried.

Planning & Zoning Commission. Salm moved, seconded by Gardiner, to appoint Paul Osterholt and Stephanie Jones to the Planning & Zoning Commission for three-year terms that will expire on January 1, 2008. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried. Moody moved, seconded by Bahl, to appoint William Mausser to the Planning & Zoning Commission to fill a vacancy in a term that will expire on January 1, 2007. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Board of Adjustment. Salm moved, seconded by Bahl, to appoint Merle Kelley to a term on the Board of Adjustment that will continue to January 1, 2010. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Park & Recreation Commission. Moody moved, seconded by Bahl, to appoint Russ Husted and Michael Bloeser to the Park & Recreation commission for terms that will expire on January 1, 2008. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Tree & Water Quality Board. Bahl moved, seconded by Salm, to appoint Jayson Johnson to the Tree & Water Quality Board for a term that will continue to January 1, 2008. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Cemetery Board. Bahl moved, seconded by Gardiner, to appoint Don Koss to the Cemetery Board for a term that continues to January 1, 2008. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Telecommunications Commission. Bahl moved, seconded by Salm, to appoint Chris Hoffman and Marvin Kerr to the Telecommunications Commission for terms that expire on January 1, 2007. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried. Moody moved, seconded by Gardiner, to appoint Ron Bandy to the Telecommunications Commission for a term that will continue to January 1, 2007. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Library Board of Trustees. The Mayor appointed Peggy Waters to the Library Board of Trustees to fill a vacancy on the Library Board of Trustees that continues to January 1, 2006. The Mayor appointed Carol Thompson to serve as the County representative on the Library Board of Trustees to fill a vacancy in a term that will expire on January 1, 2006. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Water Tower Site. City Administrator reported that Cedar Development has offered a site for water tower #3 south of Liberty’s Gate on Kansas Avenue. The Mayor and Council thanked Scott Andersen and Cedar Development. Bahl moved, seconded by Salm, to approve the water tower site. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Property Appraisals. Council reviewed the proposal from Appraisal Associates Company to appraise an easement for the west sanitary sewer trunk extension and for property for expansion of the public works facility. Bahl moved, seconded by Salm, to approve the agreement with Appraisal Associates Company at a cost of $1000 for appraisal of the sanitary sewer easement and $2,000 for appraisal of the property surrounding the public works facility. After discussion, the vote was: ayes—Bahl, Gardiner, Moody, Salm; nays—none. Motion carried.

Library Report. Library Director, Dee Crowner, presented the semi-annual report for the North Liberty Community Library.

Adjournment. Moody moved, seconded by Bahl, to adjourn the meeting at 8:50 p.m. Motion carried.