06-08-10 Council Packet
City of North Liberty
City Council Agenda
Regular Session
June 8, 2010
City Administrator
Memo.
City Council Memo
Meeting Date: June 8, 2010
From the Desk of Ryan C. Heiar
UPCOMING
MEETINGS & EVENTS
Tuesday, Jun 8
7:00 P.M.
Consent Agenda
The following items are on the consent agenda and included in your packet:



City Council
Thursday, June 10 – Sunday, June 13

North Liberty Fun Days
Monday, Jun 21
7:00 P.M.
Library Board
Tuesday, Jun 22

City Council Minutes (05/25/10)
Claims
Liquor Licenses
o
Yang Chow Wok
o
Michele Gerot – Southslope Reception Hall
Pay Request #1, Cherry Street Project, Advanced Electrical Services,
$26,496.52
Pay Request #2, Cherry Street Project, Advanced Electrical Services,
$61,577.54
7:00 P.M.
City Council
Need more Information?
Contact:
Ryan C. Heiar
City Administrator
Phone:
626-5700 (w)
626-3288 (f)
541-8404 (c)
Email:
[email protected]
Building Code Amendment
The Building Department and Fire Department, in conjunction with the Board
of Appeals have been working on building code updates. In your packet are the
updates for the 2009 building and fire codes in ordinance fashion. The second
reading of the ordinance is up for consideration.
FY 10 Budget Amendment
There was an error in publication of the Budget Amendment for FY 10. General
publications are to be published not less than four, but not more than twenty
days before the hearing. Budget related publications are required to be
published not less than ten, but not more than twenty days before the hearing.
With the budget amendment, there were only seven days between the
publication and the hearing. The notice has been republished and the item will
be back in front of Council for consideration at this meeting.
Autumn Ridge, Part 2
Included in your packet is a memo and supporting documents regarding the
final plat for Autumn Ridge, Part 2, located just south of the new elementary
school. Staff and the P&Z Commission are recommending approval of the plat.
Also on the agenda is a best management practices (BMP) storm water
agreement and a developers agreement. The BMP agreement requires the
developer and/or Home Owners Association to maintain the storm water
detention pond within the subdivision.
Cedar Springs, Part 10
Included in your packet is a memo and supporting documents regarding the
final plat for Cedar Springs, Part 10. Staff and the P&Z Commission are
recommending acceptance of the improvements and approval of the plat.
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Publish Date: Friday, June 04, 2010
Olney Electric Site Plan
th
Olney Electric is planning to construct two buildings on 236 Street. One building will be used by Olney Electric
and the other is a speculative lease facility to be built at a later date. Included in your packet is a memo and site
plan documents for the project. Staff recommended approval to the P&Z Commission and the Commission is
recommending approval to Council.
Liberty Medical & Commerce Preliminary and Final Plat
This preliminary and final plat is required to complete the “clean up” work regarding the recent rezoning on this
property. Included in your packet is a memo and supporting materials for this case. Staff and the Planning and
Zoning Commission are recommending approval of the plats.
Water Rates
As discussed during the FY 11 budget
process, a water rate increase is proposed,
starting July 1, 2010. The proposed increase
keeps the base rate the same and adjusts
the consumption rate by $0.56 (see chart
below). There are a number of reasons a
rate increase is needed:
1.
Expenses continue to increase due
to the addition of the ASR well and
rising costs of water treatment in
general.
FY 11 Water Rate Increase Analysis
FY 10
FY 11
Difference
Base Rate
$11.44
$11.44
$0.00
Rate/1000
$3.72
$4.28
$0.56
Consumption
FY 10
Monthly Cost
FY 11
Monthly Cost
%
Increase
$
Increase
3,000
$22.60
$24.27
7.41%
$1.67
5,000
$30.04
$32.83
9.29%
$2.79
8,000
$41.20
$45.66
10.83%
$4.46
2.
The Water Utility has future capital
11,000
$52.36
$58.50
11.72%
$6.14
projects planned, including the
repainting of Water Tower #2 and the likelihood of a new plant. Regular increases should be considered
to avoid much larger increases at a later date.
3.
The reserve balance in the water fund continues to shrink as revenues are not meeting expenditures. As
previously discussed, we should continue to work to establish a 25% reserve fund.
Included in your packet is the planning model worksheet for the Water Fund. The second reading of the water rate
ordinance is up for consideration.
Scales Bend Project
We received two bids for the Scales Bend Road
Project (see chart).
Company
LL Pelling, North Liberty
Shamrock Construction, Iowa City
Bid
$160,917.50
$174,470.00
Engineer's Estimate
$180,000.00
($19,082.50)
As previously noted, the project consists of overlaying
Difference
Scales Bend Road from Hwy 965, north to the City
limits with 4” asphalt. In addition, we will widen the road by 4’, paving 2’ shoulders on each side.
Forevergreen Road Overlay Project
On the agenda is a public hearing and resolution regarding the plans and specifications for the FGR overlay project.
This project will consist of improving the road base with fly ash (as needed) and applying a 4” asphalt overlay. A
th
detail of the project is included in your packet. The estimated cost is $120,000. Bids are due on June 16 and
nd
Council will be asked to award a bid on June 22 .
2
Publish Date: Friday, June 04, 2010
Compassion for Awareness, Remembrance and Education 5k and 10k
The My Angel Foundation out of Cedar Rapids is sponsoring a Compassion for Awareness, Remembrance and
th
Education run/walk to raise awareness for organ, eye and tissue donations on August 28 in North Liberty. They
are requesting permission to run/walk on the streets. A map is included in your packet. These streets will not be
closed; rather the event volunteers will monitor the streets to ensure runner/walker safety.
City Hall Land Acquisition
On the agenda are two purchase agreements for property adjacent to the property recently purchased on Cherry
Street. I am proposing we move ahead with the purchases in order to secure the land for future use. One
property is an owner occupied residential unit and the other is an owner occupied business. The business intends
to relocate in North Liberty. Included in your packet are the purchase agreements and a map outlining the
property.
Urban Renewal Area
Included in your packet is a resolution setting a public hearing to amend the City’s urban renewal area to include a
nd
piece of property adjacent to the interstate, known as the Villas. The public hearing will be set for June 22 .
Documents Included For Your Review
Building Official’s Report
Park Superintendent's Report
Telecommunication Director’s Report
Recreation Director’s Report
Water Superintendent's Report
Wastewater Superintendent’s Report
Street Superintendent’s Report
Parks & Recreation Commission Minutes
Planning Commission Minutes
Tree & Storm Water Board Minutes
If you have any questions, concerns or comments about the agenda, memo or packet, please contact me prior to
the meeting.
3
Publish Date: Friday, June 04, 2010
Agenda.
AGENDA
North Liberty City Council
June 8, 2010
Regular Session
7:00 p.m.
City Council Chambers
1. Call to order.
2. Roll call.
3. Approval of the Agenda.
4. Consent Agenda.
A. City Council Minutes. Regular Meeting. May 25, 2010.
B. Claims.
C. Liquor License Renewal. Yang Chow Wok-Class C liquor license with Sunday Sales
endorsement.
D. Liquor License Application. Class C Liquor License (LC) (Commercial). Event at
Southslope on July 24, 2010.
E. Cherry Street Project. Pay Request Number 1. Advanced Electrical Services. $26,496.52.
F. Cherry Street Project. Pay Request Number 2. Advanced Electrical Services. $61,577.54.
5. Public Comment.
6. City Attorney Report.
7. City Engineer Report.
8. City Administrator Report.
9. Mayor Report.
10. Building Code Amendments.
A. Second consideration of Ordinance Number 10-05, An Ordinance amending Title 15 of the
North Liberty Municipal Code entitled, “Buildings and Construction” by repealing Chapter
15 and adopting in lieu thereof new Chapter 15.01 to adopt the 2009 International Residential
Code to be utilized by the City of North Liberty, Iowa.
B. Second consideration of Ordinance Number 10-06, An Ordinance amending Title 15 of the
North Liberty Municipal Code entitled, “Buildings and Construction” by repealing Chapter
15 and adopting in lieu thereof new Chapter 15.01 to adopt the 2009 International Fire Code
to be utilized by the City of North Liberty, Iowa.
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Updated: June 4, 2010, 10:00 a.m.
11. FY 10 Budget Amendment
A. Public Hearing regarding proposed FY 10 Budget Amendment.
B. Resolution Number 10-73, A Resolution Approving the FY 10 City Budget Amendment and
Certification.
12. Autumn Ridge, Part 2.
A. Resolution Number 10-74, A Resolution Approving the Final Plat of Autumn Ridge, Part 2,
North Liberty, Iowa.
B. Resolution Number 10-75, A Resolution Approving the Stormwater Management Facility
Maintenance Agreement and Easement between the City of North Liberty and Autumn
Ridge Partners, LC that establishes the terms and conditions under which Autumn Ridge, Part
two stormwater management facilities will be maintained in the City of North Liberty, Iowa.
C. Resolution Number 10-76, Developer’s Agreement between the City of North Liberty and
Autumn Ridge Partners, LC that establishes the Terms and Conditions under which Autumn
Ridge, Part Two will be developed in the City of North Liberty, Iowa.
13. Cedar Springs, Part 10.
A. Resolution Number 10-77, A Resolution Approving the Final Plat of Cedar Springs, Part 10,
North Liberty, Iowa.
14. Olney Electric Site Plan.
A. Staff/Commission case presentation of Olney Electric Site Plan Application.
B. Applicant’s presentation of Olney Electric Site Plan Application.
C. Resolution Number 10-78, A Resolution Approving the Commercial Development Site Plan
for Auditor’s Parcel Number 2005035, North Liberty, Iowa.
15. Liberty Medical & Commerce, Part 2 Preliminary and Final Plat.
A. Staff/Commission case presentation of Liberty Medical and Commerce Preliminary and Final
Plat Applications.
B. Applicant’s presentation of Preliminary and Final Plat applications.
C. Resolution Number 10-79, A Resolution Approving the Preliminary Plat of Liberty Medical
and Commerce, Part 2, North Liberty, Iowa.
D. Resolution Number 10-80, A Resolution Approving the Final Plat of Liberty Medical and
Commerce, Part 2, North Liberty, Iowa.
16. Water Rate.
A. Second consideration of Ordinance Number 10-07, An Ordinance amending Chapter 13.08,
entitled “Water Rates and Charges,” of the Municipal Code of North Liberty by repealing
Section 13.08.030, “Rates and Charges Established,” and adopting in lieu thereof a new
Section 13.08.03 to increase the charge for water consumed.
17. Scales Bend Road Project.
A. Resolution Number 10-81, A Resolution Accepting Bid from LL Pelling for the Scales Bend
Road Improvement Project.
18. Forevergreen Road Project (West of Jones).
A. Public hearing regarding plans, specifications, form of contract and estimate of cost for the
West Forevergreen Road Project.
B. Resolution Number 10-82, A Resolution approving plans, specifications, form of contract and
estimate of cost for the West Forevergreen Road Project.
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Updated: June 4, 2010, 10:00 a.m.
19. Compassion for Awareness, Remembrance and Education (C.A.R.E.) 5k and 10k.
A. Resolution Number 10-83, A resolution authorizing the use of City Streets for the 2010
C.A.R.E. 5k and 10k.
20. City Hall Land Acquisition.
A. Resolution Number 10-84, A Resolution Approving and Ratifying the Purchase of Parcel
Number 0612411010 from Lori Stahl.
B. Resolution Number 10-85, A Resolution Approving and Ratifying the Purchase of Parcel
Number 0612412007 from Yetley Real Estate LLC.
21. Urban Renewal Area.
A. Resolution Number 10-86, A Resolution setting the date for public hearing on
designation of the expanded North Liberty Urban Renewal Area and on urban renewal
plan amendment
22. Old Business.
23. New Business.
24. City Engineer Evaluation.
A. Possible closed session according to Iowa State Code Section 25.1.i, to evaluate the
professional competency of an individual whose performance is being considered as
requested by that individual.
25. City Attorney Evaluation.
A. Possible closed session according to Iowa State Code Section 25.1.i, to evaluate the
professional competency of an individual whose performance is being considered as
requested by that individual.
26. Adjourn.
3
Updated: June 4, 2010, 10:00 a.m.
Consent Agenda.
Minutes
North Liberty City Council
May 25, 2010
Call to order. At _ p.m., Mayor Tom Salm called the May 25, 2010 Regular Session of the North
Liberty City Council. Council members present: Chipman, Donahue, Hoffman, Kuhl, Wayson.
Others present: Ryan Heiar, Tracey Mulcahey, Dean Wheatley, Scott Peterson, Kevin Trom,
Erika Harper, Stephen Schmidt, Cheryle Caplinger, Tom Palmer, Alan Marks, Alison WernerSmith and other interested parties.
Approval of the Agenda. Chipman moved, Kuhl seconded to approve the agenda. The vote
was: ayes – Hoffman, Wayson, Kuhl, Donahue, Chipman; nays – none. Motion carried.
Consent Agenda. Kuhl moved, Hoffman seconded to approve the Consent Agenda including:
City Council Minutes, Regular Meeting, May 11, 2010; the attached list of Claims; April
Revenues; Liquor License Renewal, Cigarette Outlet, Class E Liquor with carryout beer & wine
and Sunday sales endorsements; Liquor License Application, North Liberty Jaycees Special Class
C Liquor License (Beer and wine) with outdoor service and Sunday Sales endorsements,
Forevergreen Road Project Change Order # 1, $110,730, Metro Pavers. After discussion, the vote
was: ayes – Donahue, Kuhl, Chipman, Wayson, Hoffman; nays – none. Motion carried.
Public Comment. No public comment was offered.
City Attorney Report. City Attorney Peterson will present the legislative update at either the
second meeting in June or the first meeting in July. He asked council to let him know if there are
items of interest from the last session.
City Engineer Report. City Engineer Trom reported on the following:
Forevergreen Road Project. Work is progressing. All utilities have been relocated and
reactivated. The temporary road has been installed. Sanitary sewer installation was
completed today. The contractor has started on storm sewer. The work is progressing
west from Highway 965. The progress meeting is scheduled for tomorrow.
West Forvergreen Road Sealcoat. Staff is working to get bid documents for this project.
The extent will be from Colony Campground west to the west side of Covered Bridge
Road. The contract will be awarded at the second meeting in June. The road will be open
to local traffic at all times, but closed to through traffic. City staff will install gravel
shoulders.
1
Scales Bend Road Project. The public hearing will be held tonight. The bids will be
considered at the first Council meeting in June. The extent of the project will be from
Highway 965 to Pheasant Lane. The project is an asphalt mill and overlay.
City Administrator Report. City Administrator Heiar reported on the following items:
The Highway 965 preconstruction meeting will be this week for phase 1.
Cherry Street foundations, for the stoplights, were poured yesterday.
A developer has submitted a site plan for Liberty Medical & Commerce. Staff will share
information when the application is considered by the Planning Commission in July.
The Employee Recognition & Rally Group is reviewing different options for employee
recognition and morale. Staff is in the process of updating the employee handbook.
Heiar is proposing some of the suggested ideas that are non monetary “incentives” for
employees. The amended handbook will be considered by council at the end of June. The
group is looking at establishing some sort of awards banquet for staff recognition.
The Telecommunications Commission is not meeting in June.
City Hall will be closed Monday, May 31 for the Memorial Day holiday.
Mayor Report. Mayor Salm proclaimed May as Building Safety Month. He presented certificate
to Tom Palmer.
Harvest Estates, Part 2 Discussion. Mayor Salm introduced this item stating that Council is
being asked for direction for staff and Midwest Development regarding Harvest Estates, Part 2.
City Administrator Heiar and City Planner Wheatley presented the recommendation to amend
the original staff report to require the preliminary plat with the final reading of the rezoning.
They recommend that the plat be allowed to be considered after the zoning is completed.
Council spoke regarding their opinions regarding the third consideration of the proposed zoning
and the timing of that consideration. The developer’s attorney, Allison Werner-Smith and the
developer, Alan Marks, both spoke regarding their concerns to date with the process. The
consensus of the Council was to authorize the separation of the consideration of the preliminary
plat and third consideration of the rezoning. The third consideration of the rezoning will be held
at the July 13, 2010 Council meeting.
Building Code Amendments. At 8:00 p.m., Mayor Salm opened the public hearing regarding
proposed amendments to Building Codes. Tom Palmer, Building Official, thanked the Board of
Appeals for all of their work on the Building Code. He reported that there were low turnouts at
all Board of Appeals meetings except for homebuilders on sprinkling single family homes. The
sprinkler requirement in single family codes has been dropped out of this revision. It will be
revisited in 2011 code. The public hearing was closed.
Hoffman moved, Wayson seconded to approve the first consideration of Ordinance Number 1005, An Ordinance amending Title 15 of the North Liberty Municipal Code entitled, “Buildings
and Construction” by repealing Chapter 15 and adopting in lieu thereof new Chapter 15.01 to
adopt the 2009 International Residential Code to be utilized by the City of North Liberty, Iowa.
The vote was: ayes – Wayson, Chipman, Kuhl, Hoffman, Donahue; nays – none. Motion carried.
2
Chipman moved, Donahue seconded to approve the first consideration of Ordinance Number 1006, An Ordinance amending Title 15 of the North Liberty Municipal Code entitled, “Buildings
and Construction” by adopting a new Chapter 15.04 to adopt the 2009 International Fire Code
to be utilized by the City of North Liberty, Iowa. The vote was: ayes - Kuhl, Donahue, Hoffman,
Chipman, Wayson; nays – none. Motion carried.
Water Rate. At 8:05 p.m., Mayor Salm opened the public hearing regarding proposed
amendment to water consumption rates. Councilor Kuhl spoke regarding why the rate increase
is needed, which includes falling consumption and capital needs. Heiar presented the updated
fund sheet in packet. Revenues are not coming in as projected. The Water Department is set to
receive approximately 85% of projected revenues which will have an effect on the ending
balance. Councilor Donahue presented information on water rates in different communities in
Iowa. The public hearing was closed.
Donahue moved, Chipman seconded to approve the first consideration of Ordinance Number 1007, An Ordinance amending Chapter 13.08, entitled “Water Rates and Charges,” of the
Municipal Code of North Liberty by repealing Section 13.08.030, “Rates and Charges
Established,” and adopting in lieu thereof a new Section 13.08.03 to increase the charge for
water consumed. After discussion, the vote was: ayes – Chipman, Hoffman, Donahue, Wayson,
Kuhl; nays – none. Motion carried.
Transit Task Force Discussion. Council discussed the size and composition of the committee.
Applications will be solicited from the community just like other boards and commissions.
Gender balance will be required. The consensus was to create a seven person commission with
two ex-officio members (City Councilors). The personnel committee will review applications
and make recommendations. Applications will be available at Blues and BBQ. The Task Force
will meet for eight to ten months making recommendations to the Council at the end.
Fun Days. Chipman moved, Wayson seconded to approve Resolution Number 10-66, A
Resolution Authorizing the use of Penn Meadows Park and city equipment for Fun Days and
authorizing temporary street closings in connection with the Fun Days parade. The vote was:
ayes – Kuhl, Donahue, Wayson, Hoffman, Chipman; nays – none. Motion carried.
Lighting Retrofit Project. Donahue moved, Kuhl seconded to approve Resolution Number 1067, A Resolution Approving the Agreement between the City of North Liberty and Interstate
Power and Light Company (An Alliant Energy Company) for the Performance Edge Contract for
Lighting Retrofit Projects at the Community Center, Police Department, and Fire Department
Facilities, North Liberty, Iowa. After discussion, the vote was: ayes – Donahue, Hoffman,
Wayson, Chipman, Kuhl; nays – none. Motion carried.
Scales Bend Road Project. At 8:24 p.m., Mayor Salm opened the public hearing regarding the
proposed plans, specifications, form of contract and estimate of cost for the Scales Bend Road
Project. No oral or written comments were received. The public hearing was closed.
Donahue moved, Kuhl seconded to approve Resolution Number 10-68, A Resolution approving
plans, specifications, form of contract and estimate of cost for the Scales Bend Road Project.
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After discussion, the vote was: ayes – Hoffman, Chipman, Kuhl, Wayson, Donahue; nays – none.
Motion carried.
Highway 965 Project. Hoffman moved, Chipman seconded to approve Resolution Number 1069, A Resolution approving the Residential Moving Expense Reimbursement Agreement
between the City of North Liberty, Iowa and Danielle Callahan and Amanda Alexander. The
vote was: ayes – Wayson, Kuhl, Chipman, Donahue, Hoffman; nays – none. Motion carried.
Kuhl moved, Hoffman seconded to approve Resolution Number 10-70, A Resolution Approving
Contract Number 52-5557-615 between the City of North Liberty, Iowa and Metro Pavers, Inc.
for the 2010 Highway 965 Improvement Project. The vote was: ayes – Chipman, Hoffman,
Donahue, Kuhl, Wayson; nays – none. Motion carried.
Cedar Springs, Part 11. Hoffman moved, Wayson seconded to approve Resolution Number 1071, A Resolution approving the installation of an additional street light in Cedar Springs, Part 11,
according to the terms set forth in the existing street light contract. The vote was: ayes –
Donahue, Hoffman, Wayson, Kuhl, Chipman; nays – none. Motion carried.
Assessment Resolution. Kuhl moved, Donahue seconded to approve Resolution Number 10-72,
A Resolution authorizing the assessment of delinquent amounts owed to the City of North
Liberty, Iowa to individual property taxes. After discussion, the vote was: ayes – Hoffman,
Chipman, Kuhl, Wayson, Donahue; nays – none. Motion carried.
Old Business. No old business was presented.
New Business. Councilor Kuhl presented an update on the JCCOG meeting that was held last
Wednesday. As soon as minutes are available, they will be forwarded to Council from the
JCCOG board. The Board is discussing representation on the JCCOG Board and ECICOG
Board. The City was awarded funding to complete trail through town on Dubuque Street to
Front Street/Mehaffey Bridge Road. Mayor Salm reported that the JCCOG Rural Policy Board
was disbanded.
Mayor Salm reported that a JECC Joint Board meeting is scheduled on Friday, May 28 at 8 a.m.
Items that will be discussed include 28E agreement adjustments and other issues that have been
growing over last few months.
Property Acquisition. At 8:30 p.m., Kuhl moved, Hoffman seconded to move into Closed
Session according to Iowa State Code Section 21.5(1)j “To discuss the purchase of particular real
estate only where premature disclosure could be reasonably expected to increase the price the
governmental body would have to pay for that property.” The vote was: ayes – Kuhl, Wayson,
Donahue, Chipman, Hoffman; nays – none. Motion carried.
At 9:09 p.m., Chipman moved, Hoffman seconded to return to open session. The vote was: ayes –
Wayson, Donahue, Chipman, Hoffman, Kuhl; nays –none. Motion carried.
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Adjournment. At 9:10 p.m., Kuhl moved, Wayson seconded to adjourn. All ayes. Meeting
adjourned.
Signed:
_________________________________________
Thomas A. Salm, Mayor
Attest:
_________________________________________
Tracey Mulcahey, City Clerk
5
Date: 05‐11‐2010 Ref: Yang Chow Wok A records check does not indicate any incidents in the past year that could affect the renewal of a liquor license. Chief James Warkentin North Liberty Police Department North Liberty, Iowa License Application (
)
Applicant
Name of Applicant:
Michele Gerot
Name of Business (DBA):
George & Michele Gerot
655 Liberty Way
Address of Premises:
County: Johnson
City: North Liberty
Business Phone:
(319) 648-2417
Mailing Address:
1406 Tulip Ave
City: Riverside
Zip:
State: IA
Zip:
52317
52327
Contact Person
Name:
Michele Gerot
Phone:
(319) 648-2417
Email Address:
[email protected]
Classification: Class C Liquor License (LC) (Commercial)
Term: 5 days
Effective Date: 07/24/2010
Expiration Date: 01/01/1900
Privileges:
Catering Privilege
Class C Liquor License (LC) (Commercial)
Status of Business
BusinessType:
Sole Proprietorship
Corporate ID Number:
Federal Employer ID # 485764094
Ownership
George Gerot
First Name: George
Last Name: Gerot
City: Riverdale
State:
Iowa
Zip: 52327
Position owner
% of Ownership 50.00 %
U.S. Citizen
Michele Gerot
First Name: Michele
Last Name: Gerot
City: Riverside
State:
Iowa
Position owner
% of Ownership 50.00 %
Insurance Company Information
U.S. Citizen
Zip: 52327
Insurance Company:
Founders Insurance Company
Policy Effective Date:
07/24/2010
Policy Expiration Date:
07/29/2010
Bond Effective Continuously:
Dram Cancel Date:
Outdoor Service Effective Date:
Outdoor Service Expiration Date:
Temp Transfer Effective Date:
Temp Transfer Expiration Date:
Construction Pay Estimate Report
5/10/2010 4:21 PM
City of North Liberty
FieldManager 4.5a
Contract: _52-5557-614-A, TRAFFIC SIGNALS
Estimate
No.
Estimate
Date
1
5/10/2010
All Contract
Work Completed
Entered
By
Estimate
Type
Dave W Schiefelbein
Construction
Started Date
Managing
Office
Semi-Monthly
McCLURE ENGINEERING CO.
Prime Contractor
ADVANCED ELECTRICAL SERVICES, INC.
4/27/2010
IOWA CITY IA 52240
Comments
Work completed as of 5-7-10.
Item Usage Summary
Project: 52-5557-614-A, Traffic Signals
Category: 01, Traffic Signals
Prop. Project Item Mod.
Ln. Line No. Type No.
Quantity
Item Price
Dollar Amount
MOBILIZATION
LS
2533-4980005 0080
0040
00
000
0.250
10,500.00
$2,625.00
TRAFFIC CONTROL
LS
2528-8445110 0060
0030
00
000
0.330
2,700.00
$891.00
TRAFFIC SIGNALIZATION
LS
2525-0000100 0040
0020
00
000
0.070
340,000.00
$23,800.00
Subtotal for Category 01:
$27,316.00
Subtotal for Project 52-5557-614-A:
$27,316.00
Total Estimated Item Payment:
$27,316.00
Item Description
Unit
Item Code
Time Charges
Site Site Description
00
Site Method
Overall Contract Site
Days Charged
Working Days
7
Liq. Damages
$0
Total Liquidated Damages:
$0
Pre-Voucher Summary
Project
52-5557-614-A, Traffic Signals
Contract ID: _52-5557-614-A
Voucher No.
Item Payment
0001
Estimate: 1
$27,316.00
Stockpile
Adjustment
Dollar Amount
$0.00
$27,316.00
Voucher Total:
$27,316.00
Page 1 of 2
Construction Pay Estimate Report
5/10/2010 4:21 PM
City of North Liberty
FieldManager 4.5a
Summary
Current Voucher Total:
$27,316.00
Earnings to date:
$27,316.00
-Current Retainage:
-Current Liquidated Damages:
$819.48
- Retainage to date:
$819.48
$0.00
- Liquidated Damages to date:
$0.00
-Current Adjustments:
$0.00
- Adjustments to date:
$0.00
Total Estimated Payment:
$26,496.52
Net Earnings to date:
$26,496.52
- Payments to date:
$0.00
Net Earnings this period:
$26,496.52
Estimate Certification
The work items shown herein are just and unpaid, and the requirements of the Iowa Department of
Transportation specifications for this project, including all requirements as to maximum hours of labor and
minimum wages have been complied with. For Final Estimates only - - Total number of working days
charged to date for this contract is
Advanced Electrical Services, Inc.
(Date)
Recommended by Project Engineer
(Date)
Approved by Owner: City of North Liberty
(Date)
Contract ID: _52-5557-614-A
Estimate: 1
Page 2 of 2
Construction Pay Estimate Report
6/1/2010 3:08 PM
City of North Liberty
FieldManager 4.5a
Contract: _52-5557-614-A, TRAFFIC SIGNALS
Estimate
No.
Estimate
Date
2
6/1/2010
All Contract
Work Completed
Entered
By
Estimate
Type
Dave W Schiefelbein
Construction
Started Date
Managing
Office
Semi-Monthly
McCLURE ENGINEERING CO.
Prime Contractor
ADVANCED ELECTRICAL SERVICES, INC.
4/27/2010
IOWA CITY IA 52240
Comments
This pay estimate is for work complete as of 5-28-10.
Item Usage Summary
Project: 52-5557-614-A, Traffic Signals
Category: 01, Traffic Signals
Prop. Project Item Mod.
Ln. Line No. Type No.
Quantity
Item Price
Dollar Amount
MOBILIZATION
LS
2533-4980005 0080
0040
00
000
0.500
10,500.00
$5,250.00
TRAFFIC CONTROL
LS
2528-8445110 0060
0030
00
000
0.160
2,700.00
$432.00
TRAFFIC SIGNALIZATION
LS
2525-0000100 0040
0020
00
000
0.170
340,000.00
$57,800.00
Subtotal for Category 01:
$63,482.00
Subtotal for Project 52-5557-614-A:
$63,482.00
Total Estimated Item Payment:
$63,482.00
Item Description
Unit
Item Code
Time Charges
Site Site Description
00
Site Method
Overall Contract Site
Days Charged
Working Days
12
Liq. Damages
$0
Total Liquidated Damages:
$0
Pre-Voucher Summary
Project
52-5557-614-A, Traffic Signals
Contract ID: _52-5557-614-A
Voucher No.
Item Payment
0002
Estimate: 2
$63,482.00
Stockpile
Adjustment
Dollar Amount
$0.00
$63,482.00
Voucher Total:
$63,482.00
Page 1 of 2
Construction Pay Estimate Report
6/1/2010 3:08 PM
City of North Liberty
FieldManager 4.5a
Summary
Current Voucher Total:
$63,482.00
Earnings to date:
$90,798.00
-Current Retainage:
-Current Liquidated Damages:
$1,904.46
- Retainage to date:
$2,723.94
$0.00
- Liquidated Damages to date:
$0.00
-Current Adjustments:
$0.00
- Adjustments to date:
$0.00
Total Estimated Payment:
$61,577.54
Net Earnings to date:
$88,074.06
- Payments to date:
$26,496.52
Net Earnings this period:
$61,577.54
Estimate Certification
The work items shown herein are just and unpaid, and the requirements of the Iowa Department of
Transportation specifications for this project, including all requirements as to maximum hours of labor and
minimum wages have been complied with. For Final Estimates only - - Total number of working days
charged to date for this contract is
Advanced Electrical Services, Inc.
(Date)
Recommended by Project Engineer
(Date)
Approved by Owner: City of North Liberty
(Date)
Contract ID: _52-5557-614-A
Estimate: 2
Page 2 of 2
Building Code
Amendments.
ORDINANCE NO. 10-05
AN ORDINANCE AMENDING TITLE 15 OF THE NORTH LIBERTY MUNICIPAL CODE
ENTITLED “BUILDINGS AND CONSTRUCTION” BY REPEALING CHAPTER 15.01 AND
ADOPTING IN LIEU THEREOF NEW CHAPTER 15.01 TO ADOPT THE 2009
INTERNATIONAL RESIDENTIAL CODE TO BE UTILIZED BY THE CITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH LIBERTY, IOWA:
SECTION 1. Section 15.01, “North Liberty Building Code” of Title 15, “Buildings and Construction,”
the North Liberty Municipal Code of Ordinances, City of North Liberty, Iowa, is hereby repealed and the
following adopted in lieu thereof:
Chapter 15.01
NORTH LIBERTY BUILDING CODE
15.01.010 Short title.
15.01.020 International Building Codes adopted.
15.01.030 Amendments of the International Building Code and the International
Residential Code.
15.01.040 Availability of the building code.
15.01.010 Short title. The ordinance codified in this chapter shall be known as the "North
Liberty Building Code," may be cited as such, and will be referred to as such herein in this
chapter. Any higher standards in the state statute or city ordinance shall be applicable.
15.01.020 International Building Codes adopted. Except as hereafter modified, that certain
building codes known as the International Building Code, 2009 Edition, including Appendix H
titled "Signs", the International Residential Code, 2009 Edition, including Appendices E titled
"Manufactured Housing Used as Dwellings," F titled "Radon Controlled Methods," G titled
"Swimming Pools, Spas and Hot Tubs," H titled "Patio Covers" and K titled "Sound
Transmission" as published by the International Code Council in cooperation with the
International Conference of Building Officials, which codes are specifically incorporated by
reference shall be known as the building code. The provisions of said building code shall control
the design, construction, quality of materials, erection, installation, addition, alteration, repair,
location, relocation, replacement, removal, demolition, use and maintenance of buildings and
other structures within the incorporated limits of North Liberty, Iowa.
15.01.030 Amendments of the International Building Code and the International
Residential Code. Certain sections, and portions of sections, of the International Building Code,
2009 Edition (hereinafter IBC) and the International Residential Code for One- and Two-Family
Dwellings, 2009 Edition (hereinafter IRC), are modified as set forth in this section.
A. Delete the following Sections from Chapter One of the IBC and insert in lieu thereof the
following:
101.1 Title.
These regulations shall be known as the Building Code of North Liberty, hereinafter referred to
as "this code."
Page 2
Ordinance No. 10-05
101.4 Referenced codes.
The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code
shall be considered part of the requirements of this code to the prescribed extent of each such
reference.
101.4.1 Electrical.
The provisions of the Electrical Code adopted by the State of Iowa Electrical Board shall apply
to the installation of electrical systems, including alterations, repairs, replacement, equipment,
appliances, fixtures, fittings, and appurtenances thereto.
101.4.2 Gas.
The provisions of the 2009 International Fuel Gas Code shall apply to the installation of gas
piping from the point of delivery, gas appliances, and related accessories as covered in this code.
These requirements apply to gas piping systems extending from the point of delivery to the inlet
connections of appliances and the installation and operation of residential and commercial gas
appliances and related accessories.
101.4.3 Mechanical.
The provisions of the 2009 International Mechanical Code shall apply to the installation,
alterations, repairs and replacement of mechanical systems, including equipment, appliances,
fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning
and refrigeration systems, incinerators and other energy related systems.
101.4.4 Plumbing.
The provisions of the 2009 International Plumbing Code shall apply to the installation, alteration,
repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings
and appurtenances, and where connected to a water or sewage system and all aspects of a
medical gas system. The provisions of the International Private Sewage Disposal Code shall
apply to private sewage disposal systems.
101.4.5 Property maintenance.
The provisions of the 2009 International Property Maintenance Code shall apply to existing
structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life
and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of
existing premises and structures.
101.4.6 Fire prevention.
The provisions of the 2009 International Fire Code and as amended in Chapter 15.03 shall apply
to matters affecting or relating to structures, processes and premises from the hazard of fire and
explosion arising from the storage, handling or use of structures, materials or devices; from
conditions hazardous to life, property or public welfare in the occupancy of structures or
premises; and from the construction, extension, repair, alteration or removal of fire suppression
and alarm systems or fire hazards in the structure or on the premises from occupancy or
operation.
101.4.7 Energy.
Page 3
Ordinance No. 10-05
The provisions of the State of Iowa Energy Conservation Code shall apply to all matters
governing the design and construction of buildings for energy efficiency.
105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair,
move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge,
alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the
installation of which is regulated by this code, or to cause any such work to be done, shall first
make application to the building official and obtain the required permit.
105.1.1 Issuance of permits. No permit shall be issued to individual who does not have a valid
license to perform such work.
105.1.2 Licenses required.
a) State of Iowa electrical contractor license with a class A master electrician for all electrical
work defined by the State of Iowa contractor licensing program.
b) State of Iowa master license for hydronic, mechanical, medical gas and plumbing work
defined by State of Iowa contractor licensing program.
c) National Institute for certification in Engineering Technologies (NICET) Level III for any
person designing water based fire protection system.
d) National Institute for certification in Engineering Technologies (NICET) Level III for any
person designing fire alarm system.
e) City of North Liberty sewer & water installer license.
110.3 Required inspections.
The building official, upon notification, shall make the inspections set forth in Sections 110.3.1
through 110.3.10.
110.3.1 Footing and foundation inspection.
Footing and foundation inspections shall be made after excavations for footings are complete and
any required reinforcing steel is in place. For concrete foundations, any required forms shall be
in place prior to inspection. Materials for the foundation shall be on the job, except where
concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job.
110.3.2 Concrete slab and under-floor inspection.
Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing
steel and building service equipment, conduit, piping accessories and other ancillary equipment
items are in place, but before any concrete is placed or floor sheathing installed, including the
subfloor.
110.3.3 Lowest floor elevation.
In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to
further vertical construction, the elevation certification required in Section 1612.5 shall be
submitted to the building official.
110.3.4 Frame inspection.
Page 4
Ordinance No. 10-05
Framing inspections shall be made after the roof deck or sheathing, all framing, fireblocking and
bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough
electrical, plumbing, heating wires, pipes and ducts are approved.
110.3.5 Fire-resistant penetrations.
Protection of joints and penetrations in fire resistance-rated assemblies shall not be concealed
from view until inspected and approved.
110.3.6 Other inspections.
In addition to the inspections specified above, the building official is authorized to make or
require other inspections of any construction work to ascertain compliance with the provisions of
this code and other laws that are enforced by the department of building safety.
110.3.7 Special inspections.
For special inspections, see Section 1704.
110.3.8 Final inspection.
The final inspection shall be made after all work required by the building permit is completed.
B. Delete the following Section from Chapter Five of the IBC and insert in lieu thereof the
following:
501.2 Address numbers. Approved numbers or addresses shall be placed on all buildings in
accordance with the fire code.
C. Amend Sections 1011 from Chapter Ten of the IBC and insert in lieu the following:
1011.1.1 Additional Exit Signs. Exit signs may be required at the discretion of the code official
to clarify an exit or exit access.
1011.5.2 Exit Sign Illumination. In new construction, or if an exit sign is replaced, exit signs
shall use an LED lighting system and be illuminated internally. Exit signs shall have a battery
backup unless an on-site generator set is used. Luminance on the face of an exit sign shall have
an intensity of not less than 5.0 foot-candles (53.82 lux).
1011.5.4 Combination Lights. Combination exit sign/emergency light devices are prohibited in
all new construction.
Section 1011.5.5 Separation of Emergency Lighting. In new construction, emergency lighting
shall be separated from the exit sign by a minimum of 6 feet.
Section 1011.5.6 Self-luminous and Photo luminescent exit signs.
Self-luminous and photo luminescent exit signs are not allowed. Exception: Approved selfluminous and/or photo luminescent exit may be allowed in tents by approval of the Code
Official.
Page 5
Ordinance No. 10-05
Section 1011.5.7 Self-Testing Exit Signs and Emergency Lights.
Exit signs and/or emergency lights mounted higher than 8 1/2 feet from floor level to the bottom
of the exit sign or emergency light or if the exit sign or emergency light is mounted in a location
where it cannot be manually tested, the exit sign and/or emergency light shall be self-testing and
have a visual diagnostic indicator.
D. Delete the following Section from Chapter Thirteen of the IBC and insert in lieu thereof
the following:
1301.1.1 Criteria.
Buildings shall be designed and constructed in accordance with the State of Iowa Energy
Conservation Code.
E. Delete the following Sections from Chapter Twenty-seven of the IBC and insert in lieu
thereof the following:
2701.1 Scope.
This chapter governs the electrical components, equipment and systems used in buildings and
structures covered by this code. Electrical components, equipment, and systems shall be
designed and constructed in accordance with the provisions of the 2008 National Electrical Code,
except as hereafter modified:
Delete section 210.8, paragraph (A) and insert in lieu thereof the following paragraph:
(A) Dwellings Units. All 125-volt, single-phase, 15- and 20-ampere receptacles installed in the
locations specified in (1) through (8) shall have ground-fault circuit-interrupter protection for
personnel.
(1) Bathrooms.
(2) Garages, and also accessory buildings that have a floor located at or below grade level
not intended as habitable rooms and limited to storage areas, work areas, and areas of
similar use.
Exceptions:
1. Receptacles not readily accessible.
2. A single receptacle or a duplex receptacle for two appliances located within
dedicated space for each appliance that, in normal use, is not easily moved from
one place to another and that is cord-and-plug connected in accordance with
400.7(A)(6), (A)(7), or (A)(8). Receptacles installed under exception 210.8(A) (2)
shall not be considered as meeting the requirements of 210.52(G).
(3) Outdoors.
Exception: Receptacles not readily accessible and supplied by a dedicated branch circuit
for electric snow-melting or deicing equipment shall be permitted to be installed in
accordance with 426.28.
(4) Crawl spaces at or below grade level.
(5) Unfinished basements, for the purposes of this section, unfinished basements are
defined as portions or areas of the basement not intended as habitable rooms and limited
tom storage areas, work areas, and other similar uses.
Page 6
Ordinance No. 10-05
Exceptions:
1. Receptacles not readily accessible.
2. A single receptacle or a duplex receptacle for two appliances located within dedicated
space for each appliance that, in normal use, is not easily moved from one place to
another and that is cord-and-plug connected in accordance with 400.7(A)(6), (A)(7), or
(A)(8).
3. A receptacle supplying a permanently installed fire or burglar alarm systems.
Receptacles installed under exception 210.8(A) (2) shall not be considered as meeting the
requirements of 210.52(G).
(6) Kitchen receptacles that serve a countertop surfaces.
(7) Laundry, utility, and wet bar sinks receptacles when installed within 6-ft of outside
edge of a sink.
2702.1 Installation.
Emergency and standby power systems shall be installed in accordance with the 2008 National
Electrical Code, NFPA 110, and NFPA 111.
F. Delete the following Section from Chapter Thirty-four of the IBC and insert in lieu
thereof the following:
3410.2 Applicability.
Structures existing prior to the effective date of this ordinance and in which there is work
involving additions, alterations or changes of occupancy shall be made to conform to the
requirements of this section or the provisions of Sections 3403 through 3407. The provisions in
Sections 3410.2.1 through 3410.2.5 shall apply to existing occupancies that will continue to be,
or are proposed to be, in Groups A, B, E, F, M, R, S and U. These provisions shall not apply to
buildings with occupancies in Group H or I.
G: Delete the following Sections from Chapter One of the IRC and insert in
lieu thereof the following:
R1O1.1 Title.
These provisions shall be known as the Residential Code for One- and Two-Family Dwellings of
North Liberty, and shall be cited as such and will be referred to herein as is “this code”.
R105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter,
repair, move, demolish, or change the occupancy of a building or structure, or to erect, install,
enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing
system, the installation of which is regulated by this code, or to cause any such work to be done,
shall first make application to the building official and obtain the required permit.
R105.1.1 Issuance of permits. No permit shall be issued to individual who does not have a valid
license to perform such work, except for state’s exemption for a homeowner that qualifies for a
Homestead Tax Exemption.
R105.1.2 Licenses required.
Page 7
Ordinance No. 10-05
a) State of Iowa electrical contractor license with a class A master electrician for all electrical
work defined by the State of Iowa contractor licensing program.
b) State of Iowa master license for hydronic, mechanical, medical gas and plumbing work
defined by State of Iowa contractor licensing program.
c) National Institute for certification in Engineering Technologies (NICET) Level III for any
person designing water based fire protection system.
d) National Institute for certification in Engineering Technologies (NICET) Level III for any
person designing fire alarm system.
e) City of North Liberty sewer & water installer license.
R105.2 Work exempt from permit.
Permits shall not be required for the following. Exemption from permit requirements of this code
shall not be deemed to grant authorization for any work to be done in any manner in violation of
the provisions of this code or any other laws or ordinances of this jurisdiction.
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and
similar uses, provided the floor area does not exceed 200 square feet (13.29 m2).
2. Fences not over 6 feet (1829 mm) high.
3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the
footing to the top of the wall, unless supporting a surcharge.
4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18
927 L) and the ratio of height to diameter or width does not exceed 2 to 1.
5. Sidewalks and driveways.
6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
8. Swings and other playground equipment.
9. Window awnings supported by an exterior wall which do not project more than 54 inches
(1372 mm) from the exterior wall and do not require additional support.
10. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches
(762 mm) above grade at any point and do not serve the exit door required by Section R311.4.
11. Reapplication of shingles and roof sheathing provided less than 50% of the sheathing is
replaced and other structural alterations are not required.
12. Reapplication of siding.
13. Window replacement provided window opening sizes are not altered and conforming rescue
and escape windows are present in all sleeping rooms.
Electrical:
Repairs and maintenance: A permit shall not be required for minor repair work, including the
replacement of lamps or the connection of approved portable electrical equipment to approved
permanently installed receptacles.
Gas:
1. Portable heating, cooking or clothes drying appliances.
2. Replacement of any minor part that does not alter approval of equipment or make such
equipment unsafe.
Page 8
Ordinance No. 10-05
3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not
interconnected to a power grid.
Mechanical:
1. Portable heating appliances.
2. Portable ventilation appliances.
3. Portable cooling units.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this
code.
5. Replacement of any minor part that does not alter approval of equipment or make such
equipment unsafe.
6. Portable evaporative coolers.
7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or
that are actuated by motors of 1 horsepower (746 W) or less.
8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not
interconnected to a power grid.
The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any
concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes
necessary to remove and replace the same with new material, such work shall be considered as
new work and a permit shall be obtained and inspection made as provided in this code.
The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal
and reinstallation of water closets, provided such repairs do not involve or require the
replacement or rearrangement of valves, pipes or fixtures.
R108.3 Building permit valuations.
The applicant for a permit shall provide an estimated permit value at time of application. Permit
valuations shall include total value of work, including materials and labor, for which the permit
is being issued, such as electrical, gas, mechanical, plumbing equipment, and permanent systems.
The building official shall verify the applicant’s valuation by using the most current Building
Valuation Data Table published in Building Safety Journal to determine the permit value. Final
building permit valuation shall be set by the building official.
H. Modify the following Sections from Chapter Three of the IRC and inserting the
following:
R301.2 Climatic and geographic design criteria.
Buildings shall be constructed in accordance with the provisions of this code as limited by the
provisions of this section. Additional criteria shall be established by the local jurisdiction and set
forth in Table R301.2 (1).
R302.2 Townhouses.
Page 9
Ordinance No. 10-05
Each townhouse shall be considered a separate building and shall be separated by fire-resistance-rated wall assemblies meeting the requirements of Section R302 for exterior walls.
Exception: A common 2-hour fire-resistance-rated wall is permitted for townhouses if such walls
do not contain plumbing or mechanical equipment, ducts or vents in the cavity of the common
wall. Electrical installations shall be installed in accordance with Chapters 33 through 42.
Penetrations of electrical outlet boxes shall be in accordance with Section R302.3.
R302.2.1 Continuity.
The fire-resistance-rated wall or assembly separating townhouses shall be continuous from the
foundation to the underside of the roof sheathing, deck or slab. The fire-resistance rating shall
extend the full length of the wall or assembly, including wall extensions through and separating
attached enclosed accessory structures.
R302.2.2 Parapets.
Parapets constructed in accordance with Section R302.2.3 shall be constructed for townhouses as
an extension of exterior walls or common walls in accordance with the following:
1. Where roof surfaces adjacent to the wall or walls are at the same elevation, the parapet
shall extend not less than 30 inches (762 mm) above the roof surfaces.
2. Where roof surfaces adjacent to the wall or walls are at different elevations and the
higher roof is not more than 30 inches (762 mm) above the lower roof, the parapet shall
extend not less than 30 inches (762 mm) above the lower roof surface.
Exception: A parapet is not required in the two cases above when the roof is covered with
a minimum class C roof covering, and the roof decking or sheathing is of noncombustible
materials or approved fire-retardant treated wood for a distance of 4 feet (1219 mm) on
each side of the wall or walls, or one layer of 5/8-inch (15.9 mm) Type X gypsum board
is installed directly beneath the roof decking or sheathing, supported by a minimum of
nominal 2-inch (51 mm) ledgers attached to the sides of the roof framing members, for a
minimum distance of 4 feet (1220 mm) on each side of the wall or walls.
3. A parapet is not required where roof surfaces adjacent to the wall or walls are at
different elevations and the higher roof is more than 30 inches (762 mm) above the lower
roof. The common wall construction from the lower roof to the underside of the higher
roof deck shall have not less than a 1-hour fire-resistance rating. The wall shall be rated
for exposure from both sides.
R302.2.3 Parapet construction.
Parapets shall have the same fire-resistance rating as that required for the supporting wall or
walls. On any side adjacent to a roof surface, the parapet shall have noncombustible faces for the
uppermost 18 inches (457 mm), to include counter flashing and coping materials. Where the
roof slopes toward a parapet at slopes greater than two units vertical in 12 units horizontal (16.7percent slope), the parapet shall extend to the same height as any portion of the roof within a
distance of 3 feet (914 mm), but in no case shall the height be less than 30 inches (762 mm).
R302.2.4 Structural independence.
Each individual townhouse shall be structurally independent.
Exceptions:
1. Foundations supporting exterior walls or common walls.
Page 10
Ordinance No. 10-05
2. Structural roof and wall sheathing from each unit may fasten to the common wall
framing.
3. Nonstructural wall coverings.
4. Flashing at termination of roof covering over common wall.
5. Townhouses separated by a common 2-hour fire-resistance-rated wall as provided in
Section R302.2.
R305.1 exceptions:
3. Ceiling height may be reduced 6 inches for main beams and mechanical ducts provided the
prescribed ceiling height is maintained in at least two-thirds (2/3) of the room.
R313.1 Townhouse automatic fire sprinkler systems.
An automatic residential fire sprinkler system shall be installed in townhouses with five or more
units.
Exceptions:
An automatic residential fire sprinkler system shall not be required when additions or
alterations are made to existing townhouses that do not have an automatic residential fire
sprinkler system installed.
Delete the entire Section R313.2 One- and two-family dwellings automatic fire systems.
R319.1 Premises identification. Approved numbers or addresses shall be placed on all buildings
in such a position as to be plainly visible and legible from the street or road fronting the property.
Said numbers shall contrast with their background. Address numbers shall be in Arabic numerals
or alphabet letters a minimum of 4 inches in height with a minimum stroke width of 1/2 inch.
Where access is by means of a private road and the building cannot be viewed from the public
way, a monument, pole or other sign or means shall be used to identify the structure.
R317.1 Location required.
Protection of wood and wood based products from decay shall be provided in the following
locations by the use of naturally durable wood or wood that is preservative-treated in accordance
with AWPA U1 for the species, product, preservative and end use. Preservatives shall be listed
in Section 4 of AWPA U1.
1. Wood joists or the bottom of a wood structural floor when closer than 18 inches (457
mm) or wood girders when closer than 12 inches (305 mm) to the exposed ground in
crawl spaces or unexcavated area located within the periphery of the building foundation.
2. All wood framing members that rest on concrete or masonry exterior foundation walls
and are less than 8 inches (203 mm) from the exposed ground.
3. Sills and sleepers on a concrete or masonry slab that is in direct contact with the
ground unless separated from such slab by an impervious moisture barrier.
4. The ends of wood girders entering exterior masonry or concrete walls having
clearances of less than 1/2 inch (12.7 mm) on tops, sides and ends.
5. Wood siding, sheathing and wall framing on the exterior of a building having a
clearance of less than 6 inches (152 mm) from the ground or less than 2 inches (51 mm)
measured vertically from concrete steps, porch slabs, patio slabs, and similar horizontal
Page 11
Ordinance No. 10-05
surfaces exposed to the weather and installed with frost protection methods approved by
the Building Official.
6. Wood structural members supporting moisture-permeable floors or roofs that are
exposed to the weather, such as concrete or masonry slabs, unless separated from such
floors or roofs by an impervious moisture barrier.
7. Wood furring strips or other wood framing members attached directly to the interior of
exterior masonry walls or concrete walls below grade except where an approved vapor
retarder is applied between the wall and the furring strips or framing members.
I. Delete following Section from Chapter Six of the IRC:
Sections R612 Window sills
Availability of the building code.
An official copy of the building code, including a certificate by the city clerk as to its adoption
and effective date thereof, is on file in the office of the city clerk in the administration building,
and shall be kept there on file. Copies shall be available at the department of building safety for
public inspection. Additionally the International Building Code, 2009 Edition, the International
Residential Code for One- and Two-Family Dwellings, 2009 Edition, the 2007 Supplement to
the International Codes (unmodified) are available to the public at the North Liberty public
library.
SECTION 2. REPEALER. All Ordinances and parts of Ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION 3. SEVERABILITY. If any section, provision or part of this Ordinance shall be adjudged
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication as required by law.
First reading May 25, 2010.
Second reading ______________________.
Third and final passage ________________________.
CITY OF NORTH LIBERTY
By:________________________________
Thomas A. Salm, Mayor
Attest:_____________________________
Tracey Mulcahey, City Clerk
Page 12
Ordinance No. 10-05
Approved as to form by City Attorney
_________________________
City Attorney
I certify that the forgoing was published as Ordinance No. ____ in the North Liberty Leader on the ____
day of _____________, ____.
_________________________
Tracey Mulcahey, City Clerk
ORDINANCE NO. 10-06
AN ORDINANCE AMENDING TITLE 15 OF THE NORTH LIBERTY MUNICIPAL CODE
ENTITLED “BUILDINGS AND CONSTRUCTION” BY ADOPTING A NEW CHAPTER 15.04
“FIRE CODE” TO ADOPT THE 2009 INTERNATIONAL FIRE CODE TO BE UTILIZED BY
THE CITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH LIBERTY, IOWA:
SECTION I. Section 15.04, “North Liberty Fire Code” of Title 15, “Buildings and Construction,” the
North Liberty Municipal Code of Ordinances, City of North Liberty, Iowa, is hereby adopted as follows:
Chapter 15.04
NORTH LIBERTY FIRE CODE
15.04.010 Short title.
15.04.020 International Fire Code adopted.
15.04.030 Geographic Limits.
15.04.040 Fees.
15.04.050 Amendments of the International Fire Code.
15.04.010 Short title. The ordinance codified in this chapter shall be known as the "North Liberty Fire
Code," may be cited as such, and will be referred to as such herein in this chapter. Any higher standards
in the state statute or city ordinance shall be applicable.
15.04.020 International Fire Codes adopted. A certain document, one (1) copy of which is on file in the
office of the City Clerk of the City of North Liberty being marked and designated as the International
Fire Code, 2009 edition, including Appendix Chapters B, C, D, E, F, G, H, I and J as published by the
International Code Council, is hereby adopted as the Fire Code of the City of North Liberty, in the State
of Iowa regulating and governing the safeguarding of life and property from fire and explosion hazards
arising from the storage, handling and use of hazardous substances, materials and devices, and from
conditions hazardous to life or property in the occupancy of buildings and premises as herein provided;
providing for the issuance of permits and collection of fees therefore; and each and all of the regulations,
provisions, penalties, conditions and terms of said Fire Code on file in the office of the City of North
Liberty are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with
the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance.
15.04.030 Geographic Limits. That the geographic limits referred to in certain sections of the 2009
International Fire Code are hereby established as follows:
Section 3404.2.9.6.1 The storage of Class I and Class II liquids in above-ground tanks outside of
buildings is prohibited in the entire City of North Liberty, Iowa.
Exceptions: I-1 and I-2 Zoning Districts or as approved by the Fire Code Official.
Section 3406.2.4.4 The storage of Class I and Class II liquids in above-ground tanks is prohibited in the
entire City of North Liberty, Iowa.
Exceptions: I-1 and I-2 Zoning Districts or as approved by the Fire Code Official.
Section 3506.2 The storage of flammable cryogenic fluids in stationary containers is prohibited in the
entire City of North Liberty, Iowa. Exceptions: As approved by the Fire Code Official.
Section 3804.2 The storage of liquefied petroleum gas is prohibited in the entire City of North Liberty
Exceptions: I-1 and I-2 Zoning Districts or as approved by the Fire Code Official.
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15.04.040 Fees. Fees for inspections, reinspections, plans reviews, acceptance testing, permits and other
services related to enforcement of this Code shall be established by the City Council by resolution.
15.01.050 Amendments of the International Fire Code.
Certain sections, and portions of sections, of the International Fire Code, 2009 Edition (hereinafter IFC)
are modified as set forth in this section.
A. Delete the following sections from Chapter 1, “Scope and Administration” of the IFC and insert in
lieu thereof the following:
Section 101.1 Title. These regulations shall be known as the Fire Code of the City of North Liberty,
Iowa, hereinafter referred to as “this code.”
Section 104.5 Notices and orders. The Fire Code Official is authorized to issue such notices or orders as
are required to affect compliance with this code in accordance with Section 109.1 and 109.2 The Fire
Code Official is authorized to order an operation or use stopped or the evacuation of any premises,
building, or vehicle or portion thereof which has or is a fire, life safety or health hazard.
Section 105.2 Application. Application for a permit required by the code shall be made to the Fire Code
Official in such form and detail as prescribed by the Fire Code Official. Applications for permits shall be
accompanied by such plans as prescribed by the Fire Code Official. Application for an operational permit
shall be submitted with all required information not less than fourteen (14) days prior to the event
requiring a permit.
Section 106.2 Inspections. The Fire Code Official is authorized to conduct such inspections as are
deemed necessary to determine the extent of compliance with the provisions of this code and to approve
reports of inspection by approved agencies or individuals. All reports of such inspections shall be
prepared and submitted in writing for review and approval. Inspection reports shall be certified by a
responsible officer of such approved agency or by the responsible individual. The Fire Code Official is
authorized to engage such expert opinion as deemed necessary to report on unusual, details or complex
technical issues subject to the approval of the City Council. The Fire Code Official at his/her discretion
shall send plans to an outside agency for review. The Fire Code Official shall choose the plan review
agency. The applicant shall pay all fees associated with the plan review directly to the outside agency. A
certificate of occupancy shall not be issued until the review fees have been paid.
Section 108 Board of Appeals. In order to hear and decide appeals of orders, decisions or determinations
made by the Fire Code Official relative to the application and interpretation of this code, shall be heard
and decided by the City Board of Appeals as established in the North Liberty Municipal Code Section
99.18, “Boards of Appeals.”
Section 109.3 Violation Penalties. Persons who violate a provision of this code or fail to comply with
any of the requirements thereof or who erect, install, alter, repair, or do work in violation of the approved
construction documents or directive of the Fire Code Official, or of a permit or certificate used under
provision of this code, shall be guilty of a Municipal Infraction, as prescribed in North Liberty Municipal
Code, Section 1.18, “Municipal Infraction.”
Section 111.4 Failure to comply. Any person who continues any work after having been served with a
stop work order, except such work as that person is directed to perform to remove a violation or unsafe
condition, shall be liable to a fine of up to $500 and $750 for a repeat offense.
B. Delete the following sections from Chapter 2, “Definitions” of the IFC and insert in lieu thereof the
following:
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Section 202 General Definitions. Add a new definition to read as follows: FIRE CODE OFFICIAL. The
Fire Chief, the Assistant Fire Chief, the Code Official or the Chief’s authorized representative for the
purposes of this Fire Code.
Section 202 General Definitions. R-4 Residential occupancies shall include buildings arranged for
occupancy as residential care/assisted living facilities including more than five (5) but not more than
sixteen (16) occupants, excluding staff.
Group R-4 occupancies shall meet the requirements for construction as defined in the International
Building Code for Group R-3, except as otherwise provided for in that code.
C. Delete the following sections from Chapter 3, “General Requirements” of the IFC and insert in lieu
thereof the following:
Section 307.1 General. A person shall not kindle or maintain or authorize to be kindled or maintained
any open burning unless conducted and approved in accordance with this section. The provisions of the
North Liberty Municipal Code Section 8.12.020, Section O, “Open Burning” shall apply, as well.
Section 307.1.1 Prohibited Open Burning. Burning that is offensive or objectionable because of smoke
or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous shall
be prohibited.
Section 307.3 Extinguishment authority. The Fire Code Official is authorized to order the
extinguishment by the responsible person or the fire department of any burning that creates or adds to a
hazardous or objectionable situation.
D. Delete the following sections from Chapter 4, “Emergency Planning and Preparedness” of the IFC
and insert in lieu thereof the following:
Section 401.9 Building evacuation. Upon activation of the building fire alarm system or upon
notification by other means of detecting and reporting unwanted fire, all building occupants shall
promptly evacuate the building. Building employees and tenants shall implement the appropriate
emergency plan and procedures.
Exception: When the emergency evacuation plan, as approved by the Fire Code Official, does not require
the immediate total evacuation of the building.
Section 405.2 Frequency. Required emergency evacuation drills shall be held at the intervals specified
in Table 405.2 or more frequently where necessary to familiarize all occupants with the drill procedure.
Fire and evacuation drills in Group E occupancies, excluding daycares and preschools shall be conducted
in accordance with Section 100.31 of the Code of Iowa. Emergency evacuation/fire drills shall be
conducted at least four times a year. Not less than two (2) drills shall be conducted between July 1 and
December 31 of each year and not less than two (2) drills shall be conducted between January 1 and June
30 of each year. The North Liberty Fire Department shall conduct one of the two drills during July 1 and
December 31 and one of the two drills during January 1 and June 30 of each year. The fire department
emergency evacuation/fire drills shall be unannounced.
Table 405.2 Fire and Evacuation Drill Frequency and Participation. Add footnote e. Group E
occupancies, excluding Preschools and Daycares shall conduct fire and evacuation drills at least four (4)
times a year in accordance with Section 100.31 of the Code of Iowa. Footnote shall be added to Group E
occupancy frequency.
E. Delete the following sections from Chapter 5, “Fire Service Features” of the IFC and insert in lieu
thereof the following:
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Section 505.1 Address Identification. Approved numbers or addresses shall be placed on all new and
existing buildings in such a position as to be plainly visible and legible from the street or road fronting the
property. Said numbers shall contrast with their background. Address numbers and exterior suite numbers
shall be in Arabic numerals or alphabet letters a minimum of four (4) inches in height with a minimum
stroke width of one-half (1/2) inch. Where access is by means of a private road and the building cannot be
viewed from the public way, a monument, pole or other sign or means shall be used to identify the
structure. Exterior address location for commercial buildings shall be determined by the Code Official.
Exceptions:
1. Monument signs shall have the address installed a minimum of thirty-six (36) inches from the ground.
2. Addresses located one hundred (100) to one hundred and ninety-nine (199) feet from the street shall
be a minimum of six (6) inches in height with a minimum stroke width of one-half (1/2) inch.
Addresses located two hundred (200) to two hundred ninety-nine (299) feet from the street shall be a
minimum of eight (8) inches in height with a minimum stroke width of one (1) inch. For each
additional one hundred (100) feet from the street, the number shall increase by an additional two (2)
inches in height with the stroke increased proportionally. Measurements to determine the minimum
number or letter size shall be measured from the approved address location to the center line of the
street for which the premise is addressed. Minimum height and minimum stroke may be increased by
the Code Official.
3. Interior suite numbers shall be a minimum of three (3) inches in height.
Section 505.3 Addresses for Buildings Under Construction. All new commercial and residential
buildings under construction shall have plainly visible addresses from the street. The temporary address
sign shall be approved and issued by the City of North Liberty Building Department and be placed no
further than ten (10) feet from the street. Additional address signage may be required at the discretion of
the Code Official.
Section 506.1 Where required. Where access to or within a structure or an area is restricted because of
secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the
Fire Code Official is authorized to require a key box to be installed in an approved location. The key box
shall be of an approved type and shall contain keys to gain necessary access as required by the Fire Code
Official. An approved key box shall be installed in accordance to the North Liberty Municipal Code
Section 15.34, “Key Lock Box.”
Section 507.5.1 Where required. Where a portion of the facility or building hereafter constructed or
moved into or within the jurisdiction is more than four hundred (400) feet (122 m) from a hydrant on a
fire apparatus road, as measured by an approved route around the exterior of the facility or building, onsite fire hydrants and mains shall be provided where required by the Fire Code Official. (Delete
Exceptions 1 & 2.)
Section 507.5.1.1 Fire Sprinkler System & Standpipe System Support. A fire hydrant shall be located
no more than one hundred (100) feet from a fire sprinkler or standpipe system connection on hard surface,
easily accessible by fire apparatus and meeting the approval of the Fire Code Official.
Section 507.5.7 Fire Hydrant Installation.
Section 507.5.7.1 Fire Hydrant height. Fire hydrants shall be installed a minimum of eighteen (18)
inches from the nominal ground level to the center of the lowest water outlet.
Section 507.5.7.2 Fire hydrant outlet direction. All fire hydrants shall be positioned so that the four and
one-half (4 1/2) inch connection is facing the street or driveway accessible to fire department apparatus.
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Section 507.5.7.3 Fire hydrants threads. All new fire hydrants within the limits of the city of North
Liberty shall have National Standard Threads (NST) on the two and one-half (2 1/2) inch connections and
the four and one-half (4 1/2) inch connection will have a Storz connection.
Section 507.5.7.4 Flow. The minimum flow requirements for a water main serving a fire hydrant is the
rate of water flow, at a residual pressure of twenty pounds per square inch (20psi) and for a specified
duration, as specified in appendix B of this code.
F. Delete the following sections from Chapter 6, “Building Services and Systems” of the IFC and
insert in lieu thereof the following:
Section 605.10 Portable, electric, space heaters. Portable electric space heaters shall comply with
Sections 605.10.1 through 605.10.5.
Section 605.10.5 Fully enclosed. Portable, electric space heaters shall be fully enclosed space heaters that
by design have no external surfaces that reach temperatures capable of igniting materials placed against
the surface.
Section 607.4 Elevator Keys. Keys for the elevator car doors and fire-fighter service keys shall be kept
in an approved location for immediate use by the fire department. The required elevator keys shall be
secured in an approved elevator key box in an approved location by the Fire Code Official.
G. Delete the following sections from Chapter 8, “Interior Finish, Decorative Materials and
Furnishings” of the IFC and insert in lieu thereof the following:
Section 804.4 Maintenance. The interior finish of buildings shall be maintained in accordance with the
conditions of original approval. Any change to the interior finish that is regulated by the provisions of this
code or the building code shall be made in accordance with all applicable requirements.
Section 806.1 Natural Cut Trees. Natural cut trees, where allowed by this section, shall have the trunk
bottoms cut off at least one half (0.5) inch (12.7 mm) above the original cut and shall be placed in a
support device complying with Section 806.1.2. Natural or resin-bearing cut trees and natural decorative
vegetation used in buildings open to the general public shall be properly treated with an approved flame
retardant.
Section 806.1.1 Restricted occupancies. Natural cut trees shall be prohibited in Group A, B, E, I-1, I-2,
I-3, I-4, M, R-1, R-2 and R-4 occupancies.
Exceptions:
1. Trees located in areas protected by an approved automatic sprinkler system installed in accordance
with Section 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, B, E, M, R-1 and R-2.
2. Trees shall be allowed within dwelling units in Group R-2 occupancies.
Section 807.4.3.1 Storage in corridors and lobbies. Clothing and personal effects shall not be stored in
corridors and lobbies.
Exception:
1. Storage in metal lockers, provided the minimum egress width is maintained.
H. Delete the following sections from Chapter 9, “Fire Protection Systems” of the IFC and insert in
lieu thereof the following:
Section 901.2 (a) Water based fire protection systems. Working plans submitted to the fire department
for water based fire protection systems shall be stamped and approved by a qualified person to be in
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compliance with applicable NFPA standards and the North Liberty Fire Code. Any changes to the
working plans shall be approved by a qualified person. A qualified person shall have a minimum National
Institute for Certification in Engineering Technologies [NICET] Level III certification for Automatic
Sprinkler System Layout or be a licensed engineer with experience in life safety system design. Other
qualifications may be approved by the Fire Code Official.
Section 901.2 (b) Fire alarm systems. Working plans submitted to the fire department by a qualified
person for fire alarm systems shall be stamped and approved by a qualified person to be in compliance
with applicable NFPA standards and the North Liberty Fire Code. Any changes to the working plans shall
be approved by a qualified person. A qualified person shall have a minimum National Institute for
Certification in Engineering Technologies [NICET] Level III certification for Fire Alarm Systems or be a
licensed engineer with experience in life safety system design. Other qualifications may be approved by
the Fire Code Official.
Section 901.7 Systems out of service. Where a required fire protection system is out of service, the fire
department and Fire Code Official shall be notified immediately and, where required by the Fire Code
Official, the building shall be evacuated or an approved fire watch shall be provided for all occupants left
unprotected by the shutdown until the fire protection system has been returned to service.
Where utilized, fire watches shall be provided with at least one approved means for notification of the fire
department. Their only duty shall be to perform constant patrols of the protected premises and keep watch
for fires. A person assigned to firewatch must walk through the building at least once every thirty (30)
minutes checking for fire or smoke. A firewatch must be continued until the fire alarm system and/or fire
protection system has been restored to normal operating condition or the building has been evacuated. A
competent adult familiar with the building must conduct the firewatch. If a fire is discovered, call 911 and
immediately evacuate the building.
Section 903.3.5.3 Water supply safety margin. Provide a minimum ten percent (10%), but not less than
five (5) psi, safety margin above static pressure in the fire protection system hydraulic calculation.
Section 903.3.8 Fire Sprinkler Riser Room. Fire sprinkler riser room shall be separated from electrical
room and have no electrical panels inside the rooms other than the outlets required for the use of the fire
sprinkler system or fire alarm panel. The fire sprinkler riser room shall have an exterior access door.
Exception: Non-mixed use R-2 occupancies and approval by Fire Code Official.
Section 903.4.2 Alarms. An approved weatherproof horn/strobe device shall be mounted directly above
the fire department connection between seven (7) and ten (10) feet in height above grade. The water-flow
alarm device shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest
orifice size installed in the system. Approved and supervised audible visual notification appliances shall
be installed through out each level of the interior of the building as required by the Fire Code Official and
NFPA 72.
Section 903.7 Zones. Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13
or NFPA 13R and shall provide a sprinkler control valve and water flow device for each normally
occupied floor or normally occupied space in a multi-tenant building. Except by approval of the Fire
Code Official, all control valves shall be located in the sprinkler system riser room.
Section 903.8 Fire sprinkler for canopies. A canopy covering a door that is required to be marked as an
exit shall be required to have fire sprinklers installed outside that door if the canopy extends more than
four (4) feet out from the door and is twelve (12) feet or less in height from the ground regardless of
whether the canopy is combustible or noncombustible. Canopies that have vehicle access under them with
door openings shall be required to have fire sprinklers installed under the total canopy regardless of
whether the canopy is combustible or non-combustible.
Ordinance No. 10-06
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Exception:
1. If the Code does not require a building to have a fire sprinkler system, Section 903.8 does not apply.
Section 904.11.6.4 Ventilation Operation. The ventilation system shall shut down the make up air to the
hood and continue to exhaust upon activation of the hood fire extinguishing system. Supply air openings
other than part of the hood system shall be a minimum of six (6) feet from any part of a Type 1 Hood.
Supply air openings closer than six (6) feet must shut down upon activation of the extinguishing system.
Exception
1. Section 904.11.6.6 may be revoked if the fire extinguishing agent will not perform to specifications
due to exhausting requirements.
Section 905.1.1 Standpipe Systems. All references to class II standpipe system should be replaced with
class III standpipe systems.
Section 905.3.8 Additional Standpipe Systems. Additional standpipe systems may be added to new
buildings or structures as deemed necessary by the Fire Code Official.
Section 906.1 Where required. Portable fire extinguishers shall be installed in the following locations.
1. In new and existing Group A, B, E, F, H, I, M, R-1, R-2, R-4 and S occupancies.
2. Within thirty (30) feet (9144 mm) of commercial cooking equipment.
3. In areas where flammable or combustible liquids are stored, used or dispensed.
4. On each floor of structures under construction, except Group R-3 occupancies, in accordance with
Section 1415.1.
5. Where required by the sections indicated in Table 906.1.
6. Special-hazard areas, including but not limited to laboratories, computer rooms and generator rooms,
where required by the Fire Code Official.
Section 906.3 Size and distribution. The size and distribution of portable fire extinguishers shall be in
accordance with Sections 906.3.1 through 906.3.4. The minimum size and rating of any required portable
fire extinguisher for Class A, Class B, or Class C hazard shall be five (5) lb. 2-A, 10-B C.
Section 907.1.4 Fire alarm control panels and fire alarm annunciator panels. Installation of fire
alarm control panels and fire alarm annunciator panels shall be installed in accordance with section
907.1.4.1 through 907.1.4.5
Section 907.1.4.1 Fire alarm panel height. Installation of fire alarm panels shall not exceed six (6) feet
in height measured from the floor to the top of the panel.
Exception: Panel height may be altered by the Fire Code Official.
Section 907.1.4.2 Number of fire alarm control panels in buildings. Only one listed fire alarm control
panel shall be allowed per building. The panel shall lock in the alarm until the system is reset and shall
not be canceled by the operation of an audible – alarm silencing switch. This control panel shall only
receive alarm signals from fire protection equipment.
Section 907.1.4.3 Combination fire/security alarm system panels. A listed combination fire/security
alarm system panel that meets all the requirements of this code and amendments may be permitted by
approval of the Fire Code Official. The fire/security panel shall be capable of providing a signal that can
differentiate between the fire and security alarm.
Section 907.1.4.4 Password/PIN protection prohibited. Fire alarm control panels and/or fire alarm
annunciator panels that require a password/PIN to silence an alarm/supervisory/trouble signal and/or to
reset an alarm/supervisory/trouble signal shall be prohibited.
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Section 907.1.4.5 Fire alarm annunciator panels. The Fire Code Official can require addition fire alarm
annunciator panels based on the size of building and access to the building. These panels shall meet the
requirements of 907.1.4 and 907.2.
Section 907.2 Where required -- new buildings and structures. An approved and addressable manual,
automatic or manual and automatic fire alarm system installed in accordance with the provisions of this
code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1
through 907.2.23 and provide occupant notification in accordance with 907.10, unless other requirements
are provided by another section of this code. A minimum of one (1) manual fire alarm box shall be
provided in an approved location to initiate a fire alarm signal for fire alarm system employing automatic
fire detectors or water-flow devices. Where other sections of this code allow elimination of fire alarm
boxes due to sprinklers, a single fire alarm box shall be installed.
Exceptions:
1. The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control and
supervisory service.
2. The manual fire alarm box is required for Group R-2 occupancies to provide a means for fire watch
personnel to initiate an alarm during a sprinkler system impairment event. The manual fire alarm box
shall not be located in an area that is accessible to the public.
3. Multi-tenant buildings required to have a manual/automatic fire alarms system shall install one (1)
manual pull station per tenant space.
Section 907.2.1.2 Electrical shunt for amplified sound conditions. For Group A occupancies, having
an occupant load of three hundred (300) or more, electrical shunts shall be provided to de-energize the
music or sound systems upon fire alarm activation.
Section 907.2.11.2 Groups R-2, R-3, R-4 and I-1. Single or multiple-station smoke alarms shall be
installed and maintained in Groups R-2, R-3, R-4 and I-1 regardless of occupant load at all of the
following locations:
1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
2. In each room used for sleeping purposes.
Exception: Single- or multiple-station smoke alarms in Group I-1 shall not be required where smoke
detectors are provided in the sleeping rooms as part of an automatic smoke detection system.
3. In each story within a dwelling unit, including basements but not including crawl spaces and
uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door
between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent
lower level provided that the lower level is less than one full story below the upper level.
4. Supervised smoke alarms shall be installed in all common corridors and at the top and bottom of all
stairway enclosures in Groups R-2, R-4 and I-1 occupancies. In corridors, detectors shall be located
within fifteen (15) feet of the end of the corridor and in such a way that one detector is located for
each thirty (30) feet of corridor length or spaced as allowed by the code.
Section 907.5.2 Manual fire alarm boxes. Where a manual fire alarm system is required by another
section of this code, it shall be activated by fire alarm boxes installed in accordance with Sections
907.5.2.1 through 907.5.2.5. Where in the opinion of the Fire Code Official manual fire alarm boxes may
be used to cause false fire alarms, the Fire Code Official is authorized to modify the requirements for
manual fire alarm boxes.
Section 907.6.2.3.5 Alarm signal deactivation. Both audible and visual appliances shall shut off when
the signal silence feature is activated on the fire alarm control panel or the fire alarm annunciator panel.
Exception: Exterior water flow horn/strobe.
Section 907.7.3.3 Zone and address location labeling. Fire alarm and/or annunciator panels shall have
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all zones and address points plainly and permanently labeled as to their location on the outside of the
panel or on an easily readable map of the building, if no display is present.
Section 907.7.5 Monitoring. Fire alarms required by this chapter, the International Building Code, or by
the Fire Code Official, shall be monitored by an approved UL listed Central Station service in accordance
with NFPA 72. The monitoring service shall monitor fire alarm systems to provide for the immediate and
automatic notification of the Fire Department.
Exception: Monitoring by a supervising station is not required for:
1.
Single- and multiple-station smoke alarms required by Section 907.2.11.
2.
Smoke detectors in Group I-3 occupancies.
3.
Automatic sprinkler systems in one- and two-family dwellings.
4.
Fire alarm systems in one- and two-family dwellings.
Section 907.7.5.1Automatic telephone-dialing devices. Automatic telephone-dialing devised used to
transmit an emergency alarm shall not be connected to any fire department phone number unless
approved by the fire chief. Each address point shall have an alpha/numeric descriptor location.
Alpha/numeric descriptor locations are required to be reported to the Emergency
Communications/Dispatch Center upon activation of a water-flow tamper and/or alarm conditions as
specified by the Fire Code Official.
Section 907.7.5. Existing fire alarm systems monitoring requirements. Existing fire alarms systems
that are currently not monitored by an approved UL listed Central Station shall become monitored within
1 year from receiving notice in accordance with section 907.7.5.
Section 907.7.5.3 Existing sprinkler systems monitoring requirements. Existing sprinkler systems
shall have all valves controlling the sprinkler system and water flow electrically supervised and monitored
by an approved UL listed Central Station in accordance with sections 903.4 and 903.4.1 within one (1)
year from receiving notice.
Section 907.10 Approved hold-open devices. When installed in buildings that have a fire alarm system
and/or sprinkler system, all approved hold open devices shall release upon activation of a fire alarm and
sprinkler water-flow activation.
Section 910.3.2.2 Sprinklered buildings. Where installed in buildings provided with an approved
automatic sprinkler system, smoke and heat vents shall be designed to operate automatically by actuation
of a heat-responsive device rated at least one hundred (100) degrees F (38 degrees C) above the operating
temperature of the sprinkler.
Exception: Gravity-operated drop-out vents complying with Section 910.3.2.1.
Section 910.4.3 Operation. Mechanical smoke exhaust fans shall be automatically activated by heat
detectors having operating characteristics equivalent to those described in Section 910.3.2. Individual
manual controls for each fan unit shall also be provided.
Section 912.1.1 Fire Department Connection Height. The fire department connection shall be located
not less than eighteen (18) inches from the bottom of the cap(s) and not more than three (3) feet from the
top of the cap(s) above the level of the adjacent grade or access level. Deviation from this height may be
granted by the Fire Code Official for just cause.
Section 912.3.1 Locking fire department connections caps. Locking fire department connections caps
approved by the fire department are required for all new construction that have a water-based fire
protective system and existing structures that have a water-based fire protective system immediately after
conducting the five (5) year obstruction and maintenance testing or if one or more of the fire department
caps are missing.
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Section 912.7 Size. Minimum fire department connection size shall be two and one half inches (2 ½”)
National Standard Thread.
I. Delete the following sections from Chapter 10, “Means of Egress” of the IFC and insert in lieu
thereof the following:
Section 1011.5.2 Exit sign illumination. In new construction, or if an exit sign is replaced, exit signs
shall use an LED lighting system and be illuminated internally. Exit signs shall have a battery backup
unless an on-site generator set is used. Luminance on the face of an exit sign shall have an intensity of not
less than five (5.0) foot-candles (53.82 lux).
Section 1011.6 Combination lights. In new construction, combination exit sign/emergency light devices
shall not be allowed.
Section 1011.7 Separation of emergency lighting. In new construction, emergency lighting shall be
separated from the exit sign by a minimum of six (6) feet.
Section 1011.8 Self-luminous and photoluminescent exit signs. Self-luminous and photoluminescent
exit signs are not allowed. Exception: Approved self-luminous and/or photoluminescent exit may be
allowed in tents by approval of the Fire Code Official.
Section 1011.9 Self-testing exit signs and emergency lights. Exit signs and/or emergency lights
mounted higher than eight and one-half (8 ½) feet from floor level to the bottom of the exit sign or
emergency light or if the exit sign or emergency light is mounted in a location where it cannot be
manually tested, the exit sign and/or emergency light shall be self-testing and have a visual diagnostic
indicator.
Section 1011.6 Additional exit signs. Exit signs may be required at the discretion of the Fire Code
Official to clarify an exit or exit access.
J. Delete the following section from Chapter 23, “High-Piled Combustible Storage” of the IFC and
insert in lieu thereof the following:
Table 2306.2 General fire protection and life safety requirements. Delete footnote “j” from the table.
K. Delete the following section from Chapter 27, “Hazardous Materials –General Provisions” of the
IFC and insert in lieu thereof the following:
Section 2703.13 Tier II reporting. Facilities reporting hazardous chemical inventories in excess of their
Threshold Planning Quantities pursuant to Section 312 of the Emergency Planning and Community Right
to Know Act shall use an approved electronic “Emergency and Hazardous Chemical Inventory” form or
show reason to use paper forms and submit the electronic or paper form prior to March 1 of each year.
L. Delete the following section from Chapter 33, “Explosives and Fireworks” of the IFC and insert in
lieu thereof the following:
Section 3301.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks
are prohibited.
Exceptions:
1. Storage and handling of fireworks as allowed in Section 3304.
2. Manufacture, assembly and testing of fireworks as allowed in Section 3305.
3. The use of fireworks for fireworks displays as allowed in Section 3308.
Ordinance No. 10-06
Page 11
4. The possession, storage, sale, handling and use of gold star producing sparklers on wires which
contain no magnesium or chlorate or perchlorate, flitter sparklers in paper tubes that do not exceed
one-eighth of an inch in diameter, and toy snakes which contain no mercury or caps used in cap
pistols.
M. Delete the following sections from Chapter 34, “Flammable and Combustible Liquids” of the IFC
and insert in lieu thereof the following:
Section 3404.2.9 Above-ground tanks. Above-ground storage of flammable and combustible liquids in
tanks shall comply with Section 3402.2 and Sections 3404.2.9.1. For above ground storage tanks of two
hundred seventy-six (276) gallons capacity or more, the minimum distance between such above ground
tanks and any residential zone boundary must be at least one hundred (100) feet. If the above ground tank
is located in an approved vault, the minimum separation distance from a residential zone boundary may
be reduced to no less than fifty (50) feet.
Section 3404.2.11.2 Location. Flammable and combustible liquid storage tanks located underground,
either outside or under buildings, shall be in accordance with all of the following:
1. Tanks shall be located with respect to existing foundations and supports such that the loads carried by
the latter cannot be transmitted to the tank.
2. The distance from any part of a tank storing liquids to the nearest wall of a basement, pit, cellar or lot
line shall not be less than three (3) feet (914 mm).
3. A minimum distance of one (1) foot (305 mm), shell to shell, shall be maintained between
underground tanks.
4. A minimum distance of ten (10) feet shall be maintained between underground tanks and any
residential zone boundary.
Section 3404.2.13.2.4 Existing above-ground tank hazards. Existing above-ground tank installations,
even if previously approved, that are determined to constitute a hazard by the Fire Code Official shall not
be continued in service. Unsafe tanks shall be removed as required by the Fire Code Official and in
accordance with this code.
1.
2.
3.
4.
5.
6.
Section 3405.5.1 Corridor installations. Where wall-mounted dispensers containing alcohol-based hand
rubs are installed in corridors, they shall be in accordance with all of the following:
Level 2 and 3 aerosol containers shall not be allowed in corridors.
The maximum capacity of each Class I or II liquid dispenser shall be forty-one (41) ounces (1.21 L) and
the maximum capacity of each Level 1 aerosol dispenser shall be eighteen (18) ounces (0.51 kg).
The maximum quantity allowed in a corridor within a control area shall be ten (10) gallons (37.85 L) or
Class I or II liquids or 1135 ounces (32.2 kg) of Level 1 aerosols not to exceed, in total, the equivalent of
ten(10) gallons (37.85 L) or 1135 ounces (32.2 kg) such that the sum of the ratios of the liquid and
aerosol quantities divided by the allowable quantity of liquids and aerosols, respectively, shall not exceed
one.
The minimum corridor width shall be seventy-two (72) inches (1829 MM)
Projections into a corridor shall be in accordance with Section 1003.3.3.
Corridor installations are prohibited in Group-E occupancies.
N. Amend Chapter 45, “Marinas” of the IFC by inserting the following:
Section 45. Marinas. Amend the NFPA referenced standards listed to reflect the most current NFPA
editions.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Ordinance No. 10-06
Page 12
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole
or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance and the rules, regulations, provisions, requirements,
orders and matters established and adopted shall be in full force and effect after its final passage, approval
and publication, as provided by law.
First reading this 25th day of May, 2010.
Second reading _________________.
Third and final passage _____________________.
CITY OF NORTH LIBERTY
By:________________________________
Thomas A. Salm, Mayor
Attest:_____________________________
Tracey Mulcahey, City Clerk
Approved as to form by City Attorney
_________________________
City Attorney
I certify that the forgoing was published as Ordinance No. ____ in the North Liberty Leader on the ____
day of _______________,____.
_________________________
Tracey Mulcahey, City Clerk
FY 10 Budget
Amendment.
52-485
CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION
To the Auditor of
JOHNSON
County, Iowa:
The City Council of
North Liberty
in said County/Counties met on
June 8, 2010
,at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to
publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against
the amendment.
The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave
final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any.
thereupon, the following resolution was introduced.
RESOLUTION No.
10-73
A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30,
(AS AMENDED LAST ON
.)
2010
Be it Resolved by the Council of the City of
North Liberty
Section 1. Following notice published
May 26, 2010
and the public hearing held,
June 8, 2010
the current budget (as previously amended) is amended as set out
herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing:
Total Budget
as certified
or last amended
Total Budget
after Current
Amendment
Current
Amendment
Revenues & Other Financing Sources
Taxes Levied on Property
Less: Uncollectted Property Taxes-Levy Year
Net Current Property Taxes
Delinquent Property Taxes
TIF Revenues
Other City Taxes
Licenses & Permits
Use of Money and Property
Intergovernmental
Charges for Services
Special Assessments
Miscellaneous
Other Financing Sources
Total Revenues and Other Sources
1
2
3
4
5
6
7
8
9
10
11
12
13
14
4,951,964
0
4,951,964
0
1,000,012
84,536
522,950
118,960
2,334,602
5,467,784
0
227,481
12,403,611
27,111,900
0
0
0
0
0
0
3,000
0
85,218
162,000
5,674
468,018
0
723,910
4,951,964
0
4,951,964
0
1,000,012
84,536
525,950
118,960
2,419,820
5,629,784
5,674
695,499
12,403,611
27,835,810
15
16
17
18
19
20
21
22
23
24
25
26
27
1,992,974
807,228
71,850
2,522,612
1,203,428
792,108
2,876,868
7,981,394
18,248,462
3,864,797
22,113,259
6,236,611
28,349,870
76,575
69,225
0
59,072
90,000
117,950
198,441
661,844
1,273,107
2,018,807
3,291,914
0
3,291,914
2,069,549
876,453
71,850
2,581,684
1,293,428
910,058
3,075,309
8,643,238
19,521,569
5,883,604
25,405,173
6,236,611
31,641,784
28
29
30
31
-1,237,970
0
2,245,995
1,008,025
-2,568,004
N/A
5,658,978
3,090,974
-3,805,974
0
7,904,973
4,098,999
Expenditures & Other Financing Uses
Public Safety
Public Works
Health and Social Services
Culture and Recreation
Community and Economic Development
General Government
Debt Service
Capital Projects
Total Government Activities Expenditures
Business Type / Enterprises
Total Gov Activities & Business Expenditures
Transfers Out
Total Expenditures/Transfers Out
Excess Revenues & Other Sources Over
(Under) Expenditures/Transfers Out Fiscal Year
Continuing Appropriation
Beginning Fund Balance July 1
Ending Fund Balance June 30
Passed this
day of
(Day)
(Month/Year)
Signature
Signature
City Clerk/Finance Officer
Mayor
Autumn Ridge, Part 2.
May 26, 2010
Memo
To: North Liberty Planning Commission
From: Dean Wheatley, Planning Director
Subject: Final Plat Approval Request for Autumn Ridge Part 2.
(Autumn Ridge Preliminary Plat)
Your North Liberty city staff has reviewed the subject submission, and offer comments presented in this
memo. The staff review team includes the following personnel:
Ryan Heiar, City Administrator
Tracey Mulcahey, Assistant City Administrator
Tom Palmer, City Building Official
Scott Peterson, City Attorney
Kevin Trom, City Engineer
Dean Wheatley, Planning Director
This request is to approve the second final plat of the Autumn Ridge development area that includes the
new Buford Garner Elementary school currently under construction. It is consistent with the preliminary
plat approved in February of last year, and is recommended for approval.
Recommended for approval with no conditions by Planning Commission June 1, 2010.
Resolution No. 10-74
RESOLUTION APPROVING THE FINAL PLAT OF AUTUMN RIDGE, PART 2, NORTH
LIBERTY, IOWA.
WHEREAS, the owner and developer, Autumn Ridge Partners, has filed with the City
Clerk a final plat for the property described in Exhibit A, which is attached hereto and made a
part hereof, and
WHEREAS, said real estate is owned by the above-named party and the subdivision is
being made with the free consent and in accordance with the desires of the owner, and
WHEREAS, said final plat has been examined by the North Liberty Planning and Zoning
Commission, which did recommend that the final plat of property described as Autumn Ridge,
Part 2 be accepted and approved with no conditions, and
WHEREAS, said final plat is found to conform with Chapter 354 of the Code of Iowa
and ordinances of the City of North Liberty, and
NOW, THEREFORE, BE IT RESOLVED that the City Council of North Liberty, Iowa,
does hereby approve the final plat of Autumn Ridge, Part 2, including such modifications,
variances and waivers from the general requirements of the Municipal Code of North Liberty as
shown on the final plat.
Passed and approved this ____ day of ____, 20___.
CITY OF NORTH LIBERTY, IOWA
BY: _____________________________
Thomas A. Salm, Mayor
ATTEST: ____________________________
Tracey Mulcahey, City Clerk
Prepared by and Return to: Scott C. Peterson, 425 2nd St. SE, Ste. 1010, Cedar Rapids, IA 52401 319-366-7795
STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT AND EASEMENT
AUTUMN RIDGE PART TWO
THIS AGREEMENT, made by and between the City of North Liberty, Iowa, a municipal
corporation, hereinafter referred to as "City," and Autumn Ridge Partners, L.C., hereinafter referred
to as "Owner."
SECTION 1. REQUEST FOR BMP MAINTENANCE AGREEMENT.
A.
The Owner has requested that the City approve this Stormwater Management
Facility Maintenance Agreement and Easement with respect to the real estate situated in North
Liberty, Johnson County, Iowa, upon which the Stormwater Management Facility for Autumn
Ridge (the “Facility”) will be constructed, which real estate is legally described as follows:
Outlot “B”, Autumn Ridge Part Two, North Liberty, Iowa.
B.
As part of this request, the Owner acknowledges the following:
1.
The Owner has full ownership and control of the real estate
described above;
2.
The Owner, for the purposes of this Agreement, includes the
current owner of the property described above; any successor
owners, assigns, and heirs of the original Owner; and any
other person or party determined to be a “responsible person”
as defined in Chapter 13.23, City of North Liberty Code of
Ordinances, or any successor ordinance thereto.
3.
This Agreement is required by and shall be enforced pursuant
to Chapter 13.23, City of North Liberty Code of Ordinances,
or any successor ordinance thereto, and the Iowa Stormwater
Management Manual, or any successor manual thereto.
SECTION 2. CONDITIONS OF APPROVAL OF AGREEMENT.
A.
The Owner agrees that this Agreement shall be a covenant running with the land
and shall be binding on the present and future owners of the property.
B.
This Agreement shall be filed with the City Clerk, approved by the City Council,
fully executed by both parties, and recorded at the Owner’s expense at the Office of the Johnson
County Recorder.
SECTION 3. MAINTENANCE AND REPAIR OF STORMWATER BMP
A.
The Owner and any future owners of any part or all of the property described
above shall be responsible for maintaining and repairing the Facility in a properly functioning
condition, as determined in the sole judgment of the City, after approval of the final plat that
includes the property described in Section 1 above. Maintenance and repair shall include but is
not limited to the following Best Management Practices:
1.
Sediment Forebay:
a. Install depth marker and monitor sediment build-up.
Monitor and remove sediment after accumulation of
33% of original depth.
b. Remove trash and debris as needed.
c. Inspect filter strip and re-seed or sod on a semi-annual
basis.
d. Based on inspection, plant an alternative grass species
if the original grass cover has not been successfully
established.
2.
Pond:
a. Prune and weed wildflower plantings as needed.
Inspect vegetation on a semi-annual basis. Corrective
measures may include replanting any bare patches
where vegetation has been unsuccessful or removed.
b. Inspect for damage to the embankment, repair undercut
or eroded areas, mow side slopes, and remove litter and
debris.
c. Monitor sediment accumulations in the facility and
remove sediment when the pond volume has been
reduced by 25 percent.
d. Examine to ensure that inlet and outlet devices are free
of debris and operational.
3.
Overflow Spillway
a. Mow grass to maintain a height of 3-4 inches.
b. Inspect vegetation on a semi-annual basis and remove
and replace if found dead or unhealthy.
c. Inspect and correct grass alongside slopes for erosion
and formation of rills, gullies, bank slumping and
erosion.
d. Remove sediment, grass, weeds and debris from
erosion stone / rip-rap area on a semi-annual basis.
B.
A complete copy of the specifications for the as-built Facility and related
documents will be kept on file with the City and provide more detail as to the Facility and the
maintenance and repair requirements related thereto.
C.
The Owner is responsible for documenting maintenance and repair needs and
ensuring compliance with the requirements of this ordinance and accomplishment of its
purposes.
SECTION 4. MAINTENANCE AND REPAIR EASEMENT.
A.
Permanent maintenance and repair easements shall be established and designated
on the final plat, subject to approval of the City Council.
B.
The Owner grants to the City a perpetual easement for the area shown as “Access
Easement” on the approved Final Plat of Autumn Ridge Part Two for access to the Facility at
reasonable times for periodic inspection by City or City’s designee to ensure that the Facility is
maintained in proper working condition to meet City stormwater requirements, and for Outlot B
for maintenance and repair of the Facility, in accordance with the terms of this Agreement.
SECTION 5. INSPECTION OF FACILITY.
The Facility is subject to periodic inspections by the City on any reasonable basis,
including but not limited to: routine inspections; random inspections; inspections based upon
complaints or other notice of possible violations; inspection of drainage basins or areas identified
as higher than typical sources of sediment or other contaminants or pollutants; inspections of
uses of a type associated with higher than usual discharges of contaminants or pollutants or with
discharges of a type which are more likely than the typical discharge to cause violations of state
or federal water or sediment quality standards or the NPDES stormwater permit; and joint
inspections with other agencies inspecting under environmental or safety laws. Inspections may
include but are not limited to: reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in the Facility, and evaluating the condition of
the Facility.
SECTION 6. RIGHT OF ENTRY FOR INSPECTION.
In the event any new stormwater management facility is installed on private property
within Autumn Ridge, or when any new connection is made between private property and a
public stormwater management facility, sanitary sewer or combined sewer, the Owner of that
private property will be required to grant to the City the perpetual right to enter the property at
reasonable times and in a reasonable manner for the purpose of inspection. This includes the
right to enter a property when City has a reasonable basis to believe that a violation of this
Agreement or the City’s ordinance is occurring or has occurred or when necessary for abatement
of a public nuisance or correction of a violation of this Agreement or the City’s ordinance.
SECTION 7. RECORDS OF INSTALLATION AND MAINTENANCE AND REPAIR
ACTIVITIES.
The Owner is responsible for the operation and maintenance of the Facility, shall make
records of the installation and of all maintenance and repairs, and shall retain the records for at
least twenty five (25) years. These records shall be made available to City during inspection of
the facility and at other reasonable times upon the City’s request.
SECTION 8. FAILURE TO MAINTAIN STORMWATER BMPs
In the event that the Facility is not being maintained and repaired as required by this
Agreement or the City’s ordinance, the City shall notify the Owner in writing. Upon receipt of
that notice, the Owner shall have thirty (30) days to effect maintenance and repair of the Facility
in an approved manner. A reasonable extension may be allowed if the work cannot be
completed within the thirty days due to weather or unavailability of necessary materials.
If the Owner fails or refuses to meet the requirements of the maintenance covenant or any
provision of this Agreement or the City’s ordinance, the City, after reasonable notice, may
correct a violation by performing all necessary work to place the Facility in proper working
condition. After correcting said violation, City may assess, jointly and severally, the Owner of
the Facility, and any other persons or parties responsible for maintenance under any applicable
written agreement with the Owner, for the cost of repair work and any penalties; and the cost of
the work shall be a lien on the property or prorated against the beneficial users of the property,
and may be placed on the tax bill and collected as ordinary taxes. The Owner hereby agrees that
it shall not be necessary for the City to seek a court order for permission to enter upon the property
or take the corrective actions it determines necessary under this Section.
SECTION 9. ENFORCEMENT AND APPEALS
A.
Building and occupancy permits shall not be issued for Autumn Ridge Part Two
until the Facility has been constructed by the Owner and inspected and approved by the City.
Upon request of the Owner and prior to completion of the Facility, the City may, in its discretion,
conditionally approve the Facility, subject to certain terms and the posting of sufficient security
in accordance with Section 8A of the Developer’s Agreement for Autumn Ridge Part Two. Any
violator may be required to restore land to its undisturbed condition. In the event that restoration
is not undertaken within a reasonable time after notice, City may take necessary corrective
action, the cost of which shall become a lien upon the property until paid.
B.
Violation of any provision of this ordinance may be enforced by civil action
including an action for injunctive relief. In any civil enforcement action, administrative or judicial,
the City shall be entitled to recover attorney fees and court costs from any person or party who is
determined by a court of competent jurisdiction to have violated this ordinance.
C.
Violation of any provision of this ordinance may also be enforced as a municipal
infraction within the meaning of §364.22 of the Code of Iowa, pursuant to the City’s municipal
infraction ordinance.
SECTION 10. OWNER'S OBLIGATION AND CITY ACTIONS.
A.
The Owner of part or all of the property described above agrees and is fully
obligated to perform as provided in this Agreement. The Owner is liable and responsible for each
and every obligation agreed to be undertaken pursuant to this Agreement. Failure of any party
responsible to perform under this Agreement is not a defense against any action to be taken by the
City.
B.
The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Agreement. To be binding, amendments or waivers must be in writing, signed by
both parties and approved by written resolution of the City Council.
C.
Upon completion of the stormwater management facility and, further, upon
inspection and approval of the facility by the City, Autumn Ridge Partners, L.C. shall have the right
to assign all of its obligations under this Agreement to the Autumn Ridge Owners Association, and
is thereafter released from performance under this Agreement. Such assignment shall not affect
the obligations or rights other persons may have under this Agreement.
SECTION 11. FEES.
The Owner agrees to pay for the costs of recording this Agreement. The Owner agrees to
pay all necessary recording and filing fees that accrue as a result of any work that is performed
under this Agreement or made necessary as a result of this development project. A copy of all
recorded documents, including but not limited to this Agreement, shall be provided to the City.
SECTION 12. NOTICES.
Required notices to the Owner shall be in writing and shall either be hand delivered to the
Owner, its agents or employees, or mailed to the Owner by registered mail at the following address:
Autumn Ridge Partners, LC
Attn: Joseph T. Braverman
755 Mormon Trek Boulevard
Iowa City, IA 52244-1907
The Owner is required to maintain current contact information on file with the City at all times. In
the event ownership of the property changes for any reason and under any circumstances, any new
owner shall maintain current contact information on file with the City.
Notices to the City shall be in writing and shall be either hand delivered to the City
Administrator or mailed to the City by registered mail in care of the City Administrator at the
following address:
North Liberty City Administrator
P.O. Box 77
North Liberty, IA 52317
Notices mailed in conformance with this section shall be deemed properly given.
SECTION 13. SUCCESSORS AND ASSIGNS.
This Agreement shall be a covenant running with the land and inure to the benefit of and be
binding upon the Owner and all successors, heirs, and assigns.
DATED this ____ day of ___________________, 2010.
CITY OF NORTH LIBERTY, IOWA
DEVELOPER, AUTUMN RIDGE
PARTNERS, LC
BY: Southgate Development Services, L.L.C.,
Manager
By:
Thomas A. Salm, Mayor
By:
Joseph T. Braverman, President
ATTEST:
Tracey Mulcahey, City Clerk
STATE OF IOWA
JOHNSON COUNTY
)
) ss:
)
On this _____ day of _______________, 2010, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared Thomas A. Salm and Tracey Mulcahey, to me
personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of North Liberty, Iowa, a municipal corporation; that the seal affixed to the
foregoing instrument is the corporate seal of the municipal corporation; and that the instrument was
signed and sealed on behalf of the municipal corporation by the authority of its City Council, as
contained in Resolution No. ___________ of the City Council on the _____ day of
___________________, 2010; and that Thomas A. Salm and Tracey Mulcahey acknowledged the
execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it and by them voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA
JOHNSON COUNTY
)
) ss:
)
This instrument was acknowledged before me on this _____ day of _______________,
2010, by Joseph T. Braverman, as President of Southgate Development Services L.L.C., and as
Manager of Autumn Ridge Partners LC.
Notary Public in and for the State of Iowa
Resolution No. 10-75
RESOLUTION APPROVING THE STORMWATER MANAGEMENT FACILITY
MAINTENANCE AGREEMENT AND EASEMENT BETWEEN THE CITY OF NORTH
LIBERTY AND AUTUMN RIDGE PARTNERS, LC THAT ESTABLISHES THE TERMS
AND CONDITIONS UNDER WHICH AUTUMN RIDGE, PART TWO STORMWATER
MANAGEMENT FACILITIES WILL BE MAINTAINED IN THE CITY OF NORTH
LIBERTY, IOWA.
WHEREAS, the terms and conditions for the maintenance of stormwater management
facilities of Autumn Ridge Part Two have been set forth in ans Agreement between the City of
North Liberty and Autumn Ridge Partners, LC, and
NOW, THEREFORE, BE IT RESOLVED by the City of North Liberty, Iowa, that the
Stormwater Management Facility Maintenance Agreement and Easement between the City of
North Liberty and Autumn Ridge Partners LC is approved for Autumn Ridge, Part Two North
Liberty, Iowa.
Passed and approved this ____ day of _______, 20___.
CITY OF NORTH LIBERTY
By:_______________________________
Thomas A. Salm, Mayor
Attest:_________________________________
Tracey Mulcahey, City Clerk
Prepared by and Return to: Scott C. Peterson, 425 2nd St. SE, Ste. 1010, Cedar Rapids, IA 52401 319-366-7795
DEVELOPER'S AGREEMENT
AUTUMN RIDGE PART TWO
THIS AGREEMENT, made by and between the City of North Liberty, Iowa, a municipal
corporation, hereinafter referred to as "City," and Autumn Ridge Partners LC, hereinafter referred to
as "Developer."
SECTION 1. REQUEST FOR PLAT APPROVAL.
Developer has requested that the City approve the final plat, as proposed and attached
hereto as Exhibit A and incorporated herein by reference, for a proposed subdivision known as
Autumn Ridge Part 2 (referred to herein as the "plat") for the real estate situated in North Liberty,
Johnson County, Iowa, legally described as follows:
PART OF THE NE 1/4 OF SECTION 13, TOWNSHIP 80 NORTH, RANGE 7
WEST OF THE 5TH P.M., IN THE CITY OF NORTH LIBERTY, JOHNSON
COUNTY, IOWA DESCRIBED AS:
COMMENCING AT THE NE CORNER OF SECTION 13, TOWNSHIP 80
NORTH, RANGE 7 WEST OF THE 5TH P.M., IN THE CITY OF NORTH
LIBERTY, JOHNSON COUNTY, IOWA; THENCE S01°12'51"E, 1179.65
FEET ALONG THE EAST LINE OF THE NE 1/4 OF SAID SECTION 13 TO
THE NE CORNER OF AUDITOR'S PARCEL #2007087 AS RECORDED IN
BOOK 52, PAGE 120 OF THE JOHNSON COUNTY RECORDS; THENCE
S88°47'09"W, 176.84 FEET; THENCE S00°47'59"E, 101.28 FEET; THENCE
S41°25'31"W, 420.85 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING S41°25'31"W, 67.93 FEET; THENCE S88°49'32"W, 366.04
FEET; THENCE S01°10'28"E, 75.30 FEET; THENCE S30°58'16"W, 95.96
FEET; THENCE N60°37'29"W, 412.00 FEET TO THE EAST LINE OF THE
CEDAR RAPIDS AND IOWA CITY RAILWAY AND LIGHT COMPANY
RIGHT OF WAY, THENCE ALONG SAID RIGHT OF WAY N00°42'29"W,
659.19 FEET, THENCE N89°17'31"E, 125.00 FEET; THENCE N00°42'29"W,
Page 1 of 11
15.31 FEET; THENCE N89°33'32"E, 370.00 FEET; THENCE S00°42'29"E,
35.00 FEET; THENCE N89°33'32"E, 230.00 FEET; THENCE S00°42'29"E,
185.00 FEET; THENCE N89°33'32"E, 129.02 FEET; THENCE
SOUTHEASTERLY 14.92 FEET ALONG A 9.50 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY WITH CHORD BEARING S45°26'28"E,
13.44
FEET;
THENCE
S00°26'28"E,
66.29
FEET;
THENCE
SOUTHWESTERLY 87.69 FEET ALONG A 120.00 FOOT RADIUS CURVE
CONCAVE NORTHWESTERLY WITH CHORD BEARING S20°29'32"W,
85.75
FEET;
THENCE
S41°25'31"W,
86.23
FEET;
THENCE
SOUTHWESTERLY 100.81 FEET ALONG A 120.00 FOOT RADIUS CURVE
CONCAVE NORTHWESTERLY WITH CHORD BEARING S65°29'32"W,
97.87 FEET; THENCE S89°33'32"W, 92.74 FEET; THENCE S00°26'28"E,
190.39 FEET; THENCE N88°49'32"E, 226.75 FEET TO THE POINT OF
BEGINNING. SAID LAND CONTAINS 12.48 ACRES.
As part of this request, Developer acknowledges full ownership of the real estate described
above.
SECTION 2. CONDITIONS OF PLAT APPROVAL AND RIGHT TO PROCEED.
A.
The City agrees that it will approve the final plat of this subdivision upon the
conditions that:
1.
The final plat conforms to the preliminary plat, subject to changes
approved by the City;
2.
The construction plans have been submitted and approved;
3.
The public improvements have been constructed and accepted by the City
or, in the event the Developer requests and the City agrees to the construction of the
public improvements after final plat approval, the Developer has complied with the
security requirements set forth in Section 16.20.020 of the Code of Ordinances and
Section 8 of this Agreement; and
4.
The Developer enters into and abides by this Agreement.
B.
The Developer further agrees that this Agreement shall be a covenant running
with the land and shall be binding on the present and future owners of the property.
C.
The Developer may not grade or otherwise disturb the earth, remove trees,
construct sanitary sewer mains, storm sewer mains, water mains, streets, utilities, public or
private improvements or any buildings until the following conditions have been satisfied:
Page 2 of 11
1.
This Agreement has been fully executed by the Developer, filed with the
City Clerk, and approved by the City Council.
2.
The Developer has complied with the erosion control and grading
provisions set forth in Section 5 of this agreement;
3.
All permits required by local, state, and federal law have been applied for
and issued by the appropriate authority; and
4.
Contingent upon the permitting requirements set forth in Paragraph 3 of
this section being met, all necessary construction permits have been applied for and
issued by the City.
SECTION 3. DEVELOPMENT REQUIREMENTS AND PROPERTY IMPROVEMENTS.
A.
Development Standards. The subdivision shall be developed according to the
preliminary and final subdivision plats as approved by the City and according to the plans and
specifications as approved by the City. All plans shall be approved before the commencement of
any work in accordance with the subdivision plat. There shall be no variance from the subdivision
plats, or from the construction plans and specifications, unless approved in writing by the City.
B.
Public Improvement Standards. All improvements and facilities described in this
Agreement shall be constructed and installed by the Developer according to the plans,
specifications, ordinances and standards of the City and in accordance with all applicable federal
and state laws and regulations. All required inspections shall be performed by the City Engineer or
designate. Said inspections shall consist of inspection of the work in progress but shall not relieve
or release the Developer from its responsibility to construct said improvements and facilities
pursuant to the agreed upon plans and specifications. These improvements and facilities include but
are not limited to public water system; sanitary sewer system; storm sewer and drainageway system;
site grading; underground utilities; setting for lot and block monuments; and surveying and staking.
C.
Standard Requirements. Further, the Developer agrees that:
1.
All streets shown on the plat will be constructed of concrete paving with
concrete curb and gutter as shown on the approved construction plans and will be dedicated
to the City.
2.
The Developer shall provide for the installation of all electric lines, street
lights, gas mains, telephone lines and other utility facilities that are necessary at the
Developer’s sole cost. Developer further agrees that all utilities shall be installed
underground.
Page 3 of 11
3.
Any decorative street lighting must be approved by the City and installed at
the Developer’s sole cost.
4.
At such time as building construction occurs on a lot, but in no event later
than five (5) years from the date the subdivision plat is recorded, the Developer shall install
sidewalks in said subdivision abutting said lots per the widths approved on the preliminary
plat, in accordance with the plans and specifications of the City, and subject to inspections
by the City Engineer or designate, unless otherwise shown on the plat or otherwise specified
in this agreement.
5.
The Developer shall submit a storm water management plan that will
identify the drainage of this development and specify the manner in which storm water,
drainage and runoff will be accommodated. The Developer agrees to dispose of all storm
water through the approved storm water and drainageway system as set forth in the storm
water management plan. The design and construction of the storm water detention basin,
if required by the City for this development, shall be in compliance with the City’s
current storm water management ordinances and policies. The Developer shall have a
duty to continue the drainage across the property, and, in no event, shall the Developer
create an undue hardship on the adjoining property owners in the manner in which storm
water runoff and drainage is managed.
6.
The Developer shall provide water, sewer, utility and drainage easements
as shown on the plat.
7.
The City shall vacate and release all utility easements in favor of the City
which will not be used to provide services to the area included within the final plat. The
final plat shall include appropriate utility easements for those services.
D.
Additional Requirements. Further, the Developer agrees that:
1.
The Developer shall, prior to approval of the final plat, establish a buffer
within the boundaries of the preliminary plat and along the southern boundary of this plat
and north of the property owned by the City in accordance with the Landscape Plan, as
set forth in more detail in the Preliminary Plat Agreement, incorporated herein by
reference, and approved by the City.
2.
A homeowners association (“Autumn Ridge Homeowners Association”)
has been created and shall, at a minimum, own and be responsible for all outlots and
common areas within the boundaries of the Autumn Ridge Preliminary Plat, including
but not limited to ownership and maintenance of the stormwater management facilities.
Page 4 of 11
3.
South Stewart Street between West Zeller Street and Birch Court shall be
constructed and accepted by the City no later than September 1, 2012. If this section of
South Stewart Street is not constructed and accepted by the City by that date, no further
building permits shall be issued for any lot in this Subdivision.
4.
A Stormwater BMP Maintenance Agreement must be finalized and
executed by the Developer and the City prior to approval of final plat.
5.
Access for regular maintenance of the Storm Water Management Area
(“Outlot B”) shall be by the ten foot easement established between Lots 34 and 35.
When this regular access is not adequate, given special or unexpected circumstances,
e.g., size of the equipment or nature of the project, the City agrees to allow for reasonable
and necessary access through its property to the stormwater management facilities.
6.
The Developer shall be responsible for maintaining the buffer described in
Paragraph 1 of this subsection, unless and until said responsibility is affirmatively
transferred to the homeowners association established for this subdivision (see Paragraph
2 of this subsection).
E.
Developer’s Obligations. Nothing in this Agreement shall be construed to impose a
requirement on the City to install the original public improvements at issue herein, nor shall the
Developer be deemed to be acting as the City's agent during the original construction and
installation of the above-described improvements. The parties agree that the obligation to install the
above-described public improvements herein shall be in accordance with the plans and
specifications drafted by the Developer and subject to the approval of the City. Furthermore, the
obligations shall remain on the Developer until completion by the Developer and until acceptance
by the City, as provided by law.
SECTION 4. PUBLIC UTILITIES.
Developer agrees that it will obtain any necessary concurrence of utility or other easements
from appropriate utility companies. Developer agrees that it will provide for the continuation of all
required water, sanitary sewer and storm drainage facilities. The Developer agrees that it will
connect and use existing public water supplies in accordance with the North Liberty Municipal
Code and that the Developer will provide a plan outlining the drainage of the land and indicating the
manner in which the drainage will be accommodated and will connect to the existing storm water
sewer systems when available in accordance with the plan approved by the City Engineer.
SECTION 5. EROSION CONTROL AND GRADING.
A.
Erosion Control. Before any grading or utility construction is commenced or
building permits are issued, the Developer shall design and implement an erosion control plan
Page 5 of 11
which shall be reviewed and approved by the City. All areas disturbed by the excavation and
backfilling operations shall be reseeded forthwith after the completion of the work in that area. All
seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The
parties recognize that time is of the essence in controlling erosion. If the Developer does not
comply with the erosion control plan or any supplementary instructions received from the City, the
City may take such action as it deems appropriate to control erosion and assess the costs of such
action to the Developer or to the property, or both. The City will endeavor to notify the Developer
in advance of any proposed action, but failure of the City to do so will not affect the Developer's and
City's rights or obligations hereunder.
B.
Grading. No grading of any nature may occur on this property until a grading plan
is implemented by the Developer and approved by the City. Within ninety (90) days after the
completion of any grading, the Developer shall provide the City with an "as-constructed" grading
plan and a certification by registered land surveyor or engineer that all ponds, swales and ditches, if
any, have been constructed in accordance with the plans approved by the City.
SECTION 6. PHASED DEVELOPMENT.
If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final
plats of subsequent phases if the Developer has breached this Agreement and the breach has not
been remedied. Development of subsequent phases will not be allowed to proceed until Developer's
Agreements for such phases are approved by the City.
SECTION 7. MISCELLANEOUS.
A.
The Developer represents and states that the plat complies with all City, state and
federal laws and regulations, including but not limited to subdivision ordinances, zoning ordinances
and environmental regulations. The City may, at its option, refuse to allow construction or
development work in the subdivision until the Developer complies with the appropriate law or
regulation. Upon the City's demand, the Developer shall cease work until there is compliance.
B.
Third parties shall have no recourse against the City under this Agreement.
C.
Breach of the terms of this Agreement by the Developer shall be grounds for denial
of building permits, occupancy permits or other permits.
D.
If any portion, section, subsection, sentence, clause, paragraph or phrase of this
Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining
portion of this Agreement.
E.
The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Agreement. To be binding, amendments or waivers must be in writing, signed by
Page 6 of 11
both parties and approved by written resolution of the City Council. The City's failure to promptly
take legal action to enforce this Agreement shall not be a waiver or a release.
F.
The Developer may not assign this Agreement or the obligations imposed by this
Agreement without the written permission of the City Council or as otherwise provided in this
Agreement.
G.
The Developer's obligations under this Agreement shall continue in full force and
effect even if the Developer sells a portion of the subdivision, the entire platted area, or any part
thereof.
H.
No building or occupancy permits will be issued until all public improvements have
been constructed in accordance with applicable standards and formally accepted by the City.
I.
The Developer shall take out and maintain a public liability and property damage
insurance policy covering personal injury, including death, and claims for property damage which
may arise out of the Developer's work or the work of its subcontractors or by one directly or
indirectly employed by any of them.
J.
The Developer shall record any restrictive or protective covenants for the
subdivision. A copy of the recorded restrictive or protective covenants will be provided to the
City.
K.
The Developer shall record the original copy of this agreement, with all requisite
signatures, at the time the other final plat documents are recorded as required by law.
SECTION 8. PUBLIC IMPROVEMENTS AND ASSESSMENT WAIVER.
A.
If all the public improvements and facilities as provided in this agreement are not
installed and accepted by the City prior to approval of the final plat, the Developer is required to
either deposit in escrow or file a surety bond with the City in the amount equal to the estimated
costs of the public improvements and facilities plus ten percent prior to the approval of the final
plat, as set forth in Section 16.20.020 of the Code of Ordinances.
B.
In the event the Developer, its assigns or successors in interest, should sell or convey
lots in said subdivision without having constructed the public improvements and facilities as
provided in this Agreement or without the City having accepted all public improvements and
facilities; or the Developer, its assigns or successors in interest in said subdivision, shall fail to
construct sidewalks as set forth in Section 3(C)(4), the City shall have the right to install and
construct said improvements, facilities and sidewalks. Unless City is fully reimbursed for these
costs from the escrowed money or surety bond held by the City, the costs of said public
improvements, facilities and sidewalks shall be a lien and charge against all of the lots adjacent to or
Page 7 of 11
in front of the improvements, facilities and sidewalks that are constructed and any lots which may
be assessed for public improvements, facilities and sidewalks under the provisions of Chapters 364
and 384 of the Iowa Code. It is further provided that this requirement to construct said public
improvements, facilities and sidewalks is and shall remain a lien from the date of execution until
properly released as hereinafter provided.
C.
The Developer acknowledges and agrees that all lots of the subdivision are
specifically benefited by the public improvements, facilities and sidewalks, and the cost of such
public improvements, facilities and sidewalks need not meet the requirements of notice, benefit or
value as provided by the law of the State of Iowa for assessing such improvements and facilities.
The City agrees when such public improvements, facilities and sidewalks have been installed to the
satisfaction of the City, it will file in the office of the County Recorder of Johnson County, Iowa, a
good and sufficient release to the various lots in said subdivision so that this Agreement will not
constitute a cloud upon the title to the lots in the subdivision.
SECTION 9. ENGINEERING ADMINISTRATION AND CONSTRUCTION
OBSERVATION.
A.
The Developer shall submit to the City, for approval by the City Engineer, plans and
specifications for the construction of improvements in the subdivision which have been prepared by
a registered professional civil engineer. The Developer shall obtain approval of the construction
plans and all necessary permits from the appropriate city, state and federal agencies before
proceeding with construction. In addition, the Developer shall cause to have its engineer provide
adequate field inspection personnel to ensure that an acceptable level of quality control is
maintained.
B.
The Developer shall pay all costs of engineering administration, which will include
review of the Developer’s final construction plans and specifications, monitoring of construction,
and consultation with the Developer and its engineer on the status, progress or other issues
regarding the project. The Developer shall pay for the reasonable construction observation
performed by the City staff or consulting City Engineer. Construction observation will consist of
examination of proposed public utilities, street construction and other infrastructure improvements.
The engineering administrative fee and construction observation fees to be paid by the Developer
shall be determined by the City, in part based on the standard hourly fee schedule in effect between
the City Engineer and the City on file at City Hall and in part based on standard fees for other staff
members that perform the duties noted above. The City shall provide the appropriate supporting
documentation for these fees upon request by the Developer.
SECTION 10. RELEASE.
The City agrees that when the improvements and facilities required by this Agreement have
been installed to the satisfaction of the City, it will promptly issue a release to the Developer, its
Page 8 of 11
assigns or successors in interest, for recording in the Johnson County Recorder's Office so that this
Agreement will no longer constitute a cloud on the title of the lots in said subdivision.
SECTION 11. DEVELOPER'S OBLIGATION AND DEFAULT.
A.
The Developer agrees and is fully obligated to perform as provided in this
Agreement. The Developer is liable and responsible for each and every obligation agreed to be
undertaken pursuant to this Agreement. Failure of the Developer, its employees, agents or assigns,
to perform is not a defense for the Developer against any action to be taken by the City.
B.
In the event of default by the Developer regarding any work to be performed by the
Developer under this Agreement, the City may, at its option, perform the work and bill the
Developer for said work. The Developer shall promptly reimburse the City for any expense
incurred by the City, provided the Developer, except in an emergency as determined by the City, is
first given written notice of the work in default, and has not cured such default within fourteen (14)
days of such notice. This Agreement is an authorization for the City to act, and it shall not be
necessary for the City to seek a court order for permission to enter upon the property. When the
City does any such work, the City may, in addition to its other remedies, assess the cost in whole or
in part against all of the property located in the subdivision.
SECTION 12. AUTHORIZATION TO ENTER PREMISES.
Developer grants the City, its agents, employees, officers and contractors, authorization to
enter the subdivision area to perform all work and inspections deemed appropriate and necessary by
the City in conjunction with this development.
SECTION 13. FEES.
The Developer agrees to record this Agreement and to pay all necessary recording and filing
fees that accrue as a result of any work that is performed under this Agreement or made necessary
as a result of this subdivision project. A copy of this recorded Agreement will be provided to the
City.
SECTION 14. TIME OF PERFORMANCE.
Developer shall install all required public improvements within two (2) years from the date
of City approval of this Agreement. In the event that the Developer fails to install the required
public improvements within the above-referenced time, authorization to proceed with the
development shall cease, and the Developer shall be required to seek reauthorization and approval
of this development. Developer may, however, request an extension of time from the City. If an
extension is granted, it may be conditioned upon updating any security posted by the Developer or
requiring the Developer to provide security to reflect cost increases and extended completion date.
Page 9 of 11
SECTION 15. NOTICES.
Required notices to the Developer shall be in writing and shall either be hand delivered to
the Developer, its agents or employees, or mailed to the Developer by registered mail at the
following address:
Autumn Ridge Partners, LC
Attn: Joseph T. (Jody) Braverman
755 Mormon Trek Boulevard
Iowa City, IA 52244-1907
Notices to the City shall be in writing and shall be either hand delivered to the City
Administrator or mailed to the City by registered mail in care of the City Administrator at the
following address:
North Liberty City Administrator
P.O. Box 77
North Liberty, IA 52317
Notices mailed in conformance with this section shall be deemed properly given.
SECTION 16. SUCCESSORS AND ASSIGNS.
This Agreement shall be a covenant running with the land and inure to the benefit of and be
binding upon the parties, their successors and assigns.
DATED as of this ____ day of ______, 2010.
CITY OF NORTH LIBERTY, IOWA
DEVELOPER, AUTUMN RIDGE
PARTNERS, LC
BY: Southgate Development Services, L.L.C.,
Manager
By:
Tom Salm, Mayor
By:
Joseph T. Braverman, President
ATTEST:
Tracey Mulcahey, City Clerk
Page 10 of 11
STATE OF IOWA
JOHNSON COUNTY
)
) ss:
)
On this _____ day of ______, 2010, before me, the undersigned, a Notary Public in and for
the State of Iowa, personally appeared Thomas A. Salm and Tracey Mulcahey, to me personally
known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively,
of the City of North Liberty, Iowa, a municipal corporation; that the seal affixed to the foregoing
instrument is the corporate seal of the municipal corporation; and that the instrument was signed and
sealed on behalf of the municipal corporation by the authority of its City Council, as contained in
Resolution No. ___________ of the City Council on the _____ day of ______, 2010; and that
Thomas A. Salm and Tracey Mulcahey acknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation, by it and by them
voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA
JOHNSON COUNTY
)
) ss:
)
This instrument was acknowledged before me on this _____ day of ______, 2010, by
Joseph T. Braverman, as President of Southgate Development Services L.L.C., and as Manager
of Autumn Ridge Partners LC.
Notary Public in and for the State of Iowa
Page 11 of 11
EXHIBIT A
Resolution No. 10-76
RESOLUTION APPROVING THE DEVELOPER’S AGREEMENT BETWEEN THE CITY
OF NORTH LIBERTY AND AUTUMN RIDGE PARTNERS, LC THAT ESTABLISHES THE
TERMS AND CONDITIONS UNDER WHICH AUTUMN RIDGE, PART TWO WILL BE
DEVELOPED IN THE CITY OF NORTH LIBERTY, IOWA.
WHEREAS, the terms and conditions for the development of Autumn Ridge Part Two
have been set forth in a Developer's Agreement between the City of North Liberty and Corridor
Autumn Ridge Partners, LC and
NOW, THEREFORE, BE IT RESOLVED by the City of North Liberty, Iowa, that the
Developer's Agreement between the City of North Liberty and Autumn Ridge Partners, LC is
approved for Autumn Ridge, Part Two North Liberty, Iowa.
Passed and approved this ______ day of _________, 20____.
CITY OF NORTH LIBERTY
By:_______________________________
Thomas A. Salm, Mayor
Attest:_________________________________
Tracey Mulcahey, City Clerk
Cedar Springs, Part 10.
May 26, 2010
Memo
To: North Liberty Planning Commission
From: Dean Wheatley, Planning Director
Subject: Final Plat Approval Request for Cedar Springs Part 10.
(Cedar Springs Part 10 Preliminary Plat)
Your North Liberty city staff has reviewed the subject submission, and offer comments presented in this
memo. The staff review team includes the following personnel:
Ryan Heiar, City Administrator
Tracey Mulcahey, Assistant City Administrator
Tom Palmer, City Building Official
Scott Peterson, City Attorney
Kevin Trom, City Engineer
Dean Wheatley, Planning Director
This request is to approve the first final plat of the Cedar Springs Part 10 Preliminary Plat approved in
August of last year. It is consistent with that approval, and construction of improvements is likely to be
completed soon. The plat is recommended for approval.
Recommended for approval with no conditions by Planning Commission June 1, 2010.
Resolution No. 10-77
RESOLUTION APPROVING THE FINAL PLAT OF CEDAR SPRINGS, PART 10, NORTH
LIBERTY, IOWA.
WHEREAS, the owner and developer, Cedar Springs Partners, has filed with the City
Clerk a final plat for the property described in Exhibit A, which is attached hereto and made a
part hereof, and
WHEREAS, said real estate is owned by the above-named party and the subdivision is
being made with the free consent and in accordance with the desires of the owner, and
WHEREAS, said final plat has been examined by the North Liberty Planning and Zoning
Commission, which did recommend that the final plat of property described as Cedar Springs,
Part 10 be accepted and approved with no conditions, and
WHEREAS, said final plat is found to conform with Chapter 354 of the Code of Iowa
and ordinances of the City of North Liberty, and
NOW, THEREFORE, BE IT RESOLVED that the City Council of North Liberty, Iowa,
does hereby approve the final plat of Cedar Springs, Part 10, including such modifications,
variances and waivers from the general requirements of the Municipal Code of North Liberty as
shown on the final plat.
Passed and approved this ____ day of ____, 20___.
CITY OF NORTH LIBERTY, IOWA
BY: _____________________________
Thomas A. Salm, Mayor
ATTEST: ____________________________
Tracey Mulcahey, City Clerk
Olney Electric Site
Plan.
May 26, 2010
Memo
To: North Liberty Planning Commission
From: Dean Wheatley, Planning Director
Subject: Site Plan Approval Request and Outside Storage Conditional Use Request for Olney Electric
Office, Warehouse, and Contractor Bays.
(Auditor’s Parcel 2005035)
Your North Liberty city staff has reviewed the subject submission, and offer comments presented in this
memo. The staff review team includes the following personnel:
Ryan Heiar, City Administrator
Tracey Mulcahey, Assistant City Administrator
Tom Palmer, City Building Official
Scott Peterson, City Attorney
Kevin Trom, City Engineer
Dean Wheatley, Planning Director
This request is to construct office/warehouse/construction bays in an industrial subdivision south of 236th
Street between Progress Street and West Jones Boulevard. The area is mostly developed, with warehouse
and construction offices to the south, east, and west, and with RM-8 (multi-family) residential
condominiums across 236th Street to the north.
The site layout is straightforward, showing two buildings each with its own access and parking lot. The
building elevations submitted show a reddish metal building with masonry areas somewhat exceeding
minimum requirements. The outside storage space identified is located behind building #1 (easterly
building) and not visible from the condominiums north of the site.
The site plan and conditional use are recommended for approval.
Recommended for approval with no conditions by Planning Commission June 1, 2010.
Resolution No. 10-78
RESOLUTION APPROVING THE COMMERCIAL DEVELOPMENT SITE PLAN FOR
AUDITOR’S PARCEL NUMBER 2005035, NORTH LIBERTY, IOWA.
WHEREAS, Olney Electric has filed with the City Clerk a Commercial development site
plan for property legally described as follows:
Auditor’s Parcel 2005035, North Liberty, Iowa, in accordance with the Plat
thereof recorded in Plat Book 49, at Page 88, in the Records of the Johnson County
Recorder’s Office, containing 1.37 acres, and subject to easements and restrictions of
record; and
WHEREAS, said Commercial development site plan is found to conform with the
Comprehensive Plan and the Zoning Ordinance of the City of North Liberty, and
WHEREAS, said Commercial development site plan has been examined by the North
Liberty Planning and Zoning Commission, which recommended that the site plan be approved.
NOW, THEREFORE, BE IT RESOLVED that the City Council of North Liberty, Iowa,
does hereby approve the Commercial development site plan for Auditor’s Parcel Number
20058035, North Liberty, Iowa, including such modifications, variances and waivers from the
general requirements of the Zoning Code of North Liberty as shown on the site plan and
including said recommendations from the North Liberty Planning and Zoning Commission.
Passed and approved this ____ day of __________, 20___.
CITY OF NORTH LIBERTY, IOWA
BY: ______________________________
Thomas A. Salm, Mayor
ATTEST: _________________________
Tracey Mulcahey, City Clerk
Liberty Medical and
Commerce Preliminary
and Final Plat.
May 26, 2010
Memo
To: North Liberty Planning Commission
From: Dean Wheatley, Planning Director
Subject: Request of LMC Investment Group, L.C. to approve a preliminary and final plat of property
located in the Liberty Medical & Commerce subdivision, south of West Penn Street and west of LL
Pelling company.
(Currently platted as lot 6, Liberty Medical & Commerce Part Two.)
Your North Liberty city staff has reviewed the subject submission, and offer comments presented in this
memo. The staff review team includes the following personnel:
Ryan Heiar, City Administrator
Tracey Mulcahey, Assistant City Administrator
Tom Palmer, City Building Official
Scott Peterson, City Attorney
Kevin Trom, City Engineer
Dean Wheatley, Planning Director
This request is to subdivide an existing lot into 2 lots, a necessary follow-up to a recent action taken to
“clean up” a previous rezoning by specifically defining a multi-family zoned area. Proposed lot 1 is the
previously-zoned area and is the subject of a multi-family site plan under development for potential future
consideration. A “Good Neighbor” meeting was held to allow any interested party an opportunity to
comment on this case prior to submission, and 1 person attended who did not voice opposition to the plat.
Staff recommends approval of the preliminary and final plat.
Recommended for approval with no conditions by Planning Commission June 1, 2010.
Resolution No. 10-79
RESOLUTION APPROVING THE PRELIMINARY PLAT OF LIBERTY MEDICAL AND
COMMERCE, PART 2, NORTH LIBERTY, IOWA.
WHEREAS, the owner and developer, LMC Investment Group, L.C., has filed with the
City Clerk a preliminary plat for the property described in Exhibit A, which is attached hereto
and made a part hereof, and
WHEREAS, said real estate is owned by the above-named party and the subdivision is
being made with the free consent and in accordance with the desires of the owner, and
WHEREAS, said preliminary plat has been examined by the North Liberty Planning and
Zoning Commission, which did recommend that the preliminary plat of property described as
Liberty Medical and Commerce, part 2 be accepted and approved, and
WHEREAS, said preliminary plat is found to conform with Chapter 354 of the Code of
Iowa and ordinances of the City of North Liberty, and
NOW, THEREFORE, BE IT RESOLVED that the City Council of North Liberty, Iowa,
does hereby approve the preliminary plat of Liberty Medical and Commerce, Part 2, including
such modifications, variances and waivers from the general requirements of the Municipal Code
of North Liberty as shown on the preliminary plat.
Passed and approved this ___ day of ____________, 20___.
CITY OF NORTH LIBERTY, IOWA
BY: _____________________________
Thomas A. Salm, Mayor
ATTEST: __________________________
Tracey Mulcahey, City Clerk
Resolution No. 10-80
RESOLUTION APPROVING THE FINAL PLAT OF LIBERTY MEDICAL AND
COMMERCE, PART 2, NORTH LIBERTY, IOWA.
WHEREAS, the owner and developer, LMC Investment Group, L.C. , has filed with the
City Clerk a final plat for the property described in Exhibit A, which is attached hereto and made
a part hereof, and
WHEREAS, said real estate is owned by the above-named party and the subdivision is
being made with the free consent and in accordance with the desires of the owner, and
WHEREAS, said final plat has been examined by the North Liberty Planning and Zoning
Commission, which did recommend that the final plat of property described as Liberty Medical
and Commerce, Part 2 be accepted and approved with no conditions, and
WHEREAS, said final plat is found to conform with Chapter 354 of the Code of Iowa
and ordinances of the City of North Liberty, and
NOW, THEREFORE, BE IT RESOLVED that the City Council of North Liberty, Iowa,
does hereby approve the final plat of Liberty Medical and Commerce, Part 2, including such
modifications, variances and waivers from the general requirements of the Municipal Code of
North Liberty as shown on the final plat.
Passed and approved this ____ day of ____, 20___.
CITY OF NORTH LIBERTY, IOWA
BY: _____________________________
Thomas A. Salm, Mayor
ATTEST: ____________________________
Tracey Mulcahey, City Clerk
Water Rates.
ORDINANCE NO. 10-07
AN ORDINANCE AMENDING CHAPTER 13.08, ENTITLED "WATER RATES AND
CHARGES," OF THE MUNICIPAL CODE OF NORTH LIBERTY BY REPEALING
SECTION 13.08.030, "RATES AND CHARGES ESTABLISHED," BY ADOPTING IN LIEU
THEREOF A NEW SECTION 13.08.03 TO INCREASE THE CHARGES FOR WATER
CONSUMED.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH LIBERTY, IOWA:
SECTION 1 . The purpose of this Ordinance is to establish the rates and charges for residential
and commercial water usage.
SECTION 2. That Chapter 13.08, "Water Rates and Charges," of the Municipal Code of North
Liberty be, and the same is hereby amended, by repealing Section 13.08.030 therein, and
enacting in lieu thereof new sections to be codified the same to read as follows:
13.08.030 -- RATES AND CHARGES ESTABLISHED. Rates and charges are hereby
established for the use of and for the service supplied by the municipal water utility. The
minimum monthly charge for each and every residential, commercial or industrial unit
shall be as follows, based upon the meter readings of the amount of water consumed.
A.
The first 1,000 gallons of water or any lesser amount, the sum of $11.44 per month.
$11.44 will be the minimum monthly bill.
B.
All gallons used over 1,000 gallons will be at the rate of $4.28 per each 1,000
gallons used. The charge shall also be on a monthly basis and in addition to the
minimum monthly charge.
C.
Service to industrial establishments may be by contract, if the City finds such an
arrangement to be in the best interest of the City.
SECTION 3. REPEALER. All Ordinances and parts of Ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
SECTION 4. SEVERABILITY. If any section, provision or part of this Ordinance shall be
adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication as required by law.
FIRST CONSIDERATION: May 25, 2010.
SECOND CONSIDERATION:
THIRD CONSIDERATION AND ADOPTION:
Ordinance No. 10-07
Page 2
PASSED AND APPROVED __________________.
CITY OF NORTH LIBERTY, IOWA
BY:_________________________________
Thomas A. Salm, Mayor
ATTEST:__________________________
Tracey Mulcahey, City Clerk
Scales Bend Project.
SHIVE-HATTERY, INC.
2834 Northgate Drive
Iowa City, Iowa 52245-9568
(319) 354-3040 FAX (319) 354-6921
TABULATION OF BIDS
Client:
Project Name:
S-H Project #:
Bid Date: June 2, 2010, 2:00 P.M.
Location: City Administration Building, North Liberty
Page No.: 1
City of North Liberty
Scales Bend Road Improvements
110104-0 (20)
LL Pelling
1425 West Penn Street
North Liberty, Iowa 52317
NAME AND ADDRESS OF BIDDER
Bid Bond
ITEM
Shamrock Construction
1205 1st Avenue
Coralville, Iowa 52241
Yes
DESCRIPTION
1
Asphalt Milling
2
Shoulder Widening and Grading
3
4
QUANTITY
6,800
SY
190
CY
Asphalt Paving
1,700
TON
Traffic Control
1
LS
5
Flaggers
45
DAY
6
Pavement Markings
100
STA
TOTAL BASE BID
UNIT PRICE
$2.35
$36.25
$71.00
$1,275.00
$235.00
$55.00
Engineer's Estimate
Yes
EXTENDED PRICE
$15,980.00
$6,887.50
$120,700.00
$1,275.00
$10,575.00
$5,500.00
$160,917.50
UNIT PRICE
$1.75
$23.50
$80.00
$3,330.00
$295.00
$55.00
EXTENDED PRICE
$11,900.00
$4,465.00
$136,000.00
$3,330.00
$13,275.00
$5,500.00
$174,470.00
UNIT PRICE
$4.00
$25.00
$72.00
$5,200.00
$290.00
$75.00
EXTENDED PRICE
$27,200.00
$4,750.00
$122,400.00
$5,200.00
$13,050.00
$7,500.00
$180,100.00
RESOLUTION NO 10-81
RESOLUTION ACCEPTING BID FROM LL PELLING FOR THE SCALES BEND ROAD
IMPROVEMENT PROJECT.
NOW, THEREFORE, BE IT RESOLVED by the City Council of North Liberty, Iowa, as
follows:
The bid for Scales Bend Road Improvement Project submitted by LL Pelling in the amount
of $ 160,917.50 is fully responsive to the plans and specifications for the project and is the
lowest responsible bid received.
All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of
such conflict.
Passed and approved this ____ day of __________, 20_____.
CITY OF NORTH LIBERTY, IOWA
By: _________________________________
Thomas A. Salm, Mayor
Attest: _____________________________
Tracey Mulcahey, City Clerk
Forevergreen Road
Overlay Project.
RESOLUTION NO. 10-82
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATE OF COST FOR THE WEST FOREVERGREEN ROAD PROJECT.
WHEREAS, detailed plans, specifications, form of contract and estimate of cost for the
West Forevergreen Road Project have been prepared by the Engineer and examined by the City
Council, and
WHEREAS, a public hearing has been held and no objections have been filed,
NOW, THEREFORE, BE IT RESOLVED by the North Liberty City Council that the
plans, specifications, form of contract and estimate of cost for the West Forevergreen Road
Project are hereby approved.
BE IT FURTHER RESOLVED that all resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
Passed and approved this ___ day of ____, 20___.
CITY OF NORTH LIBERTY, IOWA
By:_________________________________
Thomas A. Salm, Mayor
Attest:______________________________
Tracey Mulcahey, City Clerk
Compassion for
Awareness,
Remembrance and
Education 5k and 10k.
RESOLUTION NO. 10-83
RESOLUTION AUTHORIZING THE USE OF CITY STREETS FOR THE 2010
COMPASSION FOR AWARENESS, REMEBRANCE AND EDUCATION (C.A.R.E.) 5K
AND 10K.
WHEREAS, the My Angel Foundation has requested the use of City streets on August
28, 2010 for the C.A.R.E. 5k and 10k, as shown on Exhibit A, which is attached hereto and made
a part hereof, and
WHEREAS, the My Angel Foundation C.A.R.E. Committee and volunteers will be on
duty along the entire route to urge runners and walkers to keep either on sidewalks or on the right
side of streets,
NOW, THEREFORE, BE IT RESOLVED by the City Council of North Liberty, Iowa:
1.
That the My Angel Foundation is hereby authorized to hold a 5k/10k on Saturday,
August 28, 2010, commencing at 6:30 AM until approximately 11:30 AM or
until the 5k/10k ends, over portions of Cherry Street, Elm Ridge Drive, Zeller
Street, Washington Street, Liberty Way, and Front Street, as shown on Exhibit A.
2.
The My Angel Foundation will arrange for extra traffic control during the period
of the 5k/10k.
Passed and approved this ____ day of __________, 20___.
CITY OF NORTH LIBERTY, IOWA
BY:________________________________
Thomas A. Salm, Mayor
ATTEST:____________________________
Tracey Mulcahey, City Clerk
City Hall Land
Acquisition.
Q
BU
DU
UE
FRONT
Purchased
$182,000
MAIN
Offer Accepted
$207,000
Purchased
$140,430
Offer Accepted
$285,000
Alberhasky Property
Purchased
$205,080
.
CHERRY
1 inch = 80 feet
RESOLUTION NO. 10-84
RESOLUTION APPROVING AND RATIFYING THE PURCHASE OF PARCEL NUMBER
0612411010 FROM LORI STAHL.
WHEREAS, acquisition of that property will enable the City of North Liberty to provide
for future expansion of the city facilities for service to its citizens, and
WHEREAS, Lori Stahl, owns parcel number 0612411010, also known as 340 N. Main
Street, and
WHEREAS, an Offer to Buy Real Estate and Acceptance for the above referenced
property was executed by the City of North Liberty, a municipal corporation, and Lori Stahl and
WHEREAS, the Offer to Buy Real Estate and Acceptance sets the price of the parcel at
$207,000, and
WHEREAS, the City is now desirous of approving and ratifying the purchase of the
above-referenced property in accordance with the terms and conditions of the Offer to Buy Real
Estate and Acceptance,
NOW, THEREFORE, BE IT RESOLVED by the City Council of North Liberty, Iowa,
that the purchase of the property in accordance with the terms and conditions set forth in the
Offer to Buy Real Estate and Acceptance is hereby approved and ratified.
BE IT FURTHER RESOLVED, that the City Attorney is hereby directed and instructed
to prepare any necessary documents needed in order to transfer the property to the City of North
Liberty, Iowa, and to review the abstract and render an opinion regarding the merchantability of
title to this property.
Passed and approved this ____ day of _______, 20__.
CITY OF NORTH LIBERTY, IOWA
By: _______________________________
Thomas A. Salm, Mayor
Attest: ________________________________
Tracey Mulcahey, City Clerk
RESOLUTION NO. 10-85
RESOLUTION APPROVING AND RATIFYING THE PURCHASE OF PARCEL NUMBER
0612412007 FROM YETLEY REAL ESTATE, LLC.
WHEREAS, acquisition of that property will enable the City of North Liberty to provide
for future expansion of the city facilities for service to its citizens, and
WHEREAS, Yetley Real Estate, LLC, owns parcel number 0612412007, also known as
325 N. Front Street, and
WHEREAS, an Offer to Buy Real Estate and Acceptance for the above referenced
property was executed by the City of North Liberty, a municipal corporation, and Yetley Real
Estate, LLC and
WHEREAS, the Offer to Buy Real Estate and Acceptance sets the price of the parcel at
$285,000, and
WHEREAS, the City is now desirous of approving and ratifying the purchase of the
above-referenced property in accordance with the terms and conditions of the Offer to Buy Real
Estate and Acceptance,
NOW, THEREFORE, BE IT RESOLVED by the City Council of North Liberty, Iowa,
that the purchase of the property in accordance with the terms and conditions set forth in the
Offer to Buy Real Estate and Acceptance is hereby approved and ratified.
BE IT FURTHER RESOLVED, that the City Attorney is hereby directed and instructed
to prepare any necessary documents needed in order to transfer the property to the City of North
Liberty, Iowa, and to review the abstract and render an opinion regarding the merchantability of
title to this property.
Passed and approved this ____ day of _______, 20__.
CITY OF NORTH LIBERTY, IOWA
By: _______________________________
Thomas A. Salm, Mayor
Attest: ________________________________
Tracey Mulcahey, City Clerk
Urban Renewal Area.
North Liberty/421033-42/Set Date Amend UR Area
SET DATE FOR HEARING ON
EXPANDED URBAN RENEWAL AREA
DESIGNATION
AND
URBAN
RENEWAL PLAN AMENDMENT
421033-42
North Liberty, Iowa
June 8, 2010
The Council of the City of North Liberty, Iowa, met on June 8, 2010, at _______ o’clock,
___.m., at the ______________________, in the City, for the purpose of setting a date for a
public hearing on the designation of an expanded urban renewal area and on a proposed urban
renewal plan amendment. The Mayor presided and the roll being called, the following members
of the Council were present and absent:
Present:
Absent:
.
The Mayor announced that an amendment to the boundaries of the North Liberty Urban
Renewal Area had been prepared, along with an amendment to the urban renewal plan for the
area, and that it was now necessary to set a date for a public hearing on the proposed amended
area and proposed amendment to the urban renewal plan. Accordingly, Council Member
_____________________ moved the adoption of the following resolution entitled “Resolution
Setting Date for a Public Hearing on Designation of the Expanded North Liberty Urban Renewal
Area and on Urban Renewal Plan Amendment,” and the motion was seconded by Council
Member ______________________________. Following due consideration, the Mayor put the
question on the motion and the roll being called, the following named Council Members voted:
Ayes:
Nays:
.
Whereupon, the Mayor declared the resolution duly adopted as follows:
-1DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
North Liberty/421033-42/Set Date Amend UR Area
RESOLUTION NO.10-86
Setting date for public hearing on designation of the expanded North Liberty
Urban Renewal Area and on urban renewal plan amendment
WHEREAS, the City Council of the City of North Liberty, Iowa (the “City”) by previous
resolution created the North Liberty Urban Renewal Area (the “Urban Renewal Area”); and
WHEREAS, a proposal has been made which shows the desirability of expanding the
Urban Renewal Area to add and include all the property (the “Property”) lying within the legal
description set out in Exhibit A; and
WHEREAS, this City Council is desirous of obtaining as much information as possible
from the residents of the City before making this decision; and
WHEREAS, an amendment to the urban renewal plan covering the expanded Urban
Renewal Area has been prepared and it is now necessary that a date be set for a public hearing on
the designation of the expanded area and on that plan amendment;
NOW, THEREFORE, Be It Resolved by the City Council of the City of North Liberty,
Iowa, as follows:
Section 1.
This Council will meet at the Council Chambers, North Liberty, Iowa, on
the 22nd day of June, 2010, at seven o’clock p.m., at which time and place it will hold a public
hearing on the designation of the expanded Urban Renewal Area described in the preamble
hereof and on the proposed urban renewal plan amendment for said area.
Section 2.
The City Clerk shall publish notice of said hearing, the same being in the
form attached hereto, which publication shall be made in a legal newspaper of general circulation
in North Liberty, which publication shall be not less than four (4) nor more than twenty (20) days
before the date set for hearing.
Section 3.
Pursuant to Section 403.5 of the Code of Iowa, the City Clerk and the City
Administrator are hereby designated as the City’s representatives in connection with the
consultation process which is required under that section of the urban renewal law.
-2DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
North Liberty/421033-42/Set Date Amend UR Area
Section 4.
The proposed urban renewal plan amendment is hereby submitted to the
City’s Planning and Zoning Commission for review and recommendations, as required by
Section 403.5, Code of Iowa.
Passed and approved June 8, 2010.
Mayor
Attest:
City Clerk
-3DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
North Liberty/421033-42/Set Date Amend UR Area
NOTICE OF PUBLIC HEARING ON DESIGNATION OF EXPANDED
NORTH LIBERTY URBAN RENEWAL AREA AND ON PROPOSED
URBAN RENEWAL PLAN AMENDMENT
Notice Is Hereby Given: That at seven o’clock p.m., at the Council Chambers, North
Liberty, Iowa, on the 22nd day of June, 2010, there will be conducted a public hearing on the
question of designating an expansion of the North Liberty Urban Renewal Area, pursuant to
Chapter 403, Code of Iowa, by adding and including all the property within the following
boundaries:
Certain real property in the City of North Liberty, County of Johnson, State of
Iowa more particularly described as follows:
LOTS 1 AND 2, THE VILLAS AT LIBERTY EXECUTIVE PARK – PART ONE, NORTH
LIBERTY, JOHNSON COUNTY, IOWA, ACCORDING TO THE PLAT THEREOF
RECORDED IN BOOK 52, PAGE 187, PLAT RECORDS OF JOHNSON COUNTY, IOWA;
AND
LOTS 3 AND 4, THE VILLAS AT LIBERTY EXECUTIVE PARK – PART TWO, NORTH
LIBERTY, JOHNSON COUNTY, IOWA, ACCORDING TO THE PLAT THEREOF
RECORDED IN BOOK 52, PAGE 188, PLAT RECORDS OF JOHNSON COUNTY, IOWA;
AND
LOTS 5, 6 AND 7, THE VILLAS AT LIBERTY EXECUTIVE PARK – PART THREE, NORTH
LIBERTY, JOHNSON COUNTY, IOWA, ACCORDING TO THE PLAT THEREOF
RECORDED IN BOOK 52, PAGE 189, PLAT RECORDS OF JOHNSON COUNTY, IOWA;
AND
LOTS 8, 9 AND 10, BOTH INCLUSIVE, THE VILLAS AT LIBERTY EXECUTIVE PARK –
PART FOUR, NORTH LIBERTY, JOHNSON COUNTY, IOWA, ACCORDING TO THE PLAT
THEREOF RECORDED IN BOOK 52, PAGE 190, PLAT RECORDS OF JOHNSON COUNTY,
IOWA.
The subject matter of the public hearing will also include a proposed amendment to the
urban renewal plan for the North Liberty Urban Renewal Area covering the area identified
above, pursuant to Chapter 403, Code of Iowa, a copy of which amendment is on file for public
inspection in the office of the City Clerk.
The proposed amendment to the urban renewal plan brings the property described above
under the plan and makes it subject to the provisions of the plan. The primary purposes for the
amendment are (1) to add the above-described property to the urban renewal area; (2) to
facilitate the potential acquisition and disposition of the above-described property in connection
with urban renewal projects; and (3) to facilitate the use of tax increment financing in support of
a commercial development project on the above-described property.
-4DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
North Liberty/421033-42/Set Date Amend UR Area
At said hearing any interested person may file written objections or comments and may
be heard orally with respect to the subject matters of the hearing.
Tracey Mulcahey
City Clerk
-5DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
North Liberty/421033-42/Set Date Amend UR Area
•••••
On motion and vote the meeting adjourned.
Mayor
Attest:
City Clerk
-6DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
North Liberty/421033-42/Set Date Amend UR Area
EXHIBIT A
Legal Description
Expanded North Liberty Urban Renewal Area
(2010 Addition)
LOTS 1 AND 2, THE VILLAS AT LIBERTY EXECUTIVE PARK – PART
ONE, NORTH LIBERTY, JOHNSON COUNTY, IOWA, ACCORDING TO
THE PLAT THEREOF RECORDED IN BOOK 52, PAGE 187, PLAT
RECORDS OF JOHNSON COUNTY, IOWA;
AND
LOTS 3 AND 4, THE VILLAS AT LIBERTY EXECUTIVE PARK – PART
TWO, NORTH LIBERTY, JOHNSON COUNTY, IOWA, ACCORDING TO
THE PLAT THEREOF RECORDED IN BOOK 52, PAGE 188, PLAT
RECORDS OF JOHNSON COUNTY, IOWA;
AND
LOTS 5, 6 AND 7, THE VILLAS AT LIBERTY EXECUTIVE PARK – PART
THREE, NORTH LIBERTY, JOHNSON COUNTY, IOWA, ACCORDING TO
THE PLAT THEREOF RECORDED IN BOOK 52, PAGE 189, PLAT
RECORDS OF JOHNSON COUNTY, IOWA;
AND
LOTS 8, 9 AND 10, BOTH INCLUSIVE, THE VILLAS AT LIBERTY EXECUTIVE
PARK – PART FOUR, NORTH LIBERTY, JOHNSON COUNTY, IOWA,
ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 52, PAGE 190,
PLAT RECORDS OF JOHNSON COUNTY, IOWA.
-7DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
North Liberty/421033-42/Set Date Amend UR Area
STATE OF IOWA
COUNTY OF JOHNSON
CITY OF NORTH LIBERTY
SS:
I, the undersigned, City Clerk of the aforementioned City do hereby certify that pursuant
to the resolution of its City Council fixing a date of public hearing on the question of designating
the expanded North Liberty Urban Renewal Area for the City and on a proposed urban renewal
plan amendment, the notice, of which the printed slip attached to the publisher’s affidavit hereto
attached is a true and complete copy, was published on the date and in the newspaper specified in
such affidavit, which newspaper has a general circulation in the City, and copies were sent to the
county, school district and community college.
WITNESS my hand and the seal of the aforementioned City hereto affixed this ____ day
of ______________________, 2010.
City Clerk
(Seal)
(Attach here publisher’s affidavit of publication of notice.)
(PLEASE NOTE: This certificate must not be dated until the publication has
been made and you have reviewed it to be sure that the notice was published on
the date indicated in the attached affidavit.)
-8DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
North Liberty/421033-42/Set Date Amend UR Area
STATE OF IOWA
COUNTY OF JOHNSON
CITY OF NORTH LIBERTY
SS:
I, the undersigned, City Clerk of the aforementioned City, do hereby certify that as such I
have in my possession or have access to the complete corporate records of the City and of its
officers; and that I have carefully compared the transcript hereto attached with the aforesaid
records and that the attached is a true, correct and complete copy of the corporate records
relating to the action taken by the City Council preliminary to and in connection with setting a
date for public hearing on the question of designating the expanded North Liberty Urban
Renewal Area for the City and on an urban renewal plan amendment.
WITNESS my hand and the seal of the aforementioned City hereto affixed this ___ day
of ______________________, 2010.
City Clerk
(Seal)
-9DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
Documents included for
review.
To:
Mayor and City Council
Parks and Recreation Commission
City Administrator
From: Guy Goldsmith, Director of Parks, Building and Grounds
Date: June 3, 2010
Re:
Monthly Report
We performed building maintenance as needed this month.
We picked up trash and pet waste stations as needed this month.
We installed the Liberty Centre Pond fountain aerator. We pulled the water fall
pump at Liberty Centre pond for maintenance and reinstalled.
We have been maintaining ball diamonds and facilities this month. On May 15th
and 16th the Parks Department maintained the diamonds and picked up trash
during our 2nd annual Baseball tournament. On May 29th & 30th the Memorial
Day Classic Baseball Tournament was held at Penn Meadows Park. The Parks
Department maintained the ball fields and pickup trash both days.
More staff hours will be spent maintaining ball diamonds and facilities this season
due to increased usage.
A great deal of time was spent mowing and trimming all city parks and grounds this
month. With the cooler temperatures and adequate rain fall we continue to mow at
full capacity.
We performed ground and landscape maintenance. We have been trimming and
pruning trees as needed.
We spent much time making preparations for the May 30th Liberty Centre Blues &
BBQ. I would like to thank everyone who volunteered their time and helped out to
make this day a great City celebration.
We have made preparations for the tree and prairie planting at Cornerstone Park that
will occur later this month. Trees and prairie plants are now here.
Telecommunications Department Progress Report for the North Liberty City Council
May 27, 2010 for the period of May 1 - 31, 2010
NLTV Project Videos
Title
Requested By
Status
Updates included Ryan Heiar’s blog, road
construction, UNESCO City of Literature, police
and more.
Garner principal Mindy Paulsen complete and
playing. Erika Harper shot for June.
City Update Series
City officials/staff
In-depth
NLTV
Blues at Blues & BBQ
NLTV
Shot during event, will be edited into shows to
play throughout summer
Prime Time & Game Time
leagues
Randy Larson/NLTV
Planning for games starting in mid-June
Oral History
North Bend Hist/NLTV
Subject identifies, production being coordinated
Completed NLTV Shoots
Title
Telecommunications
Preschool Storytime
Tree and Storm
Parks and Recreation
City Update: Ryan Heiar: Blogger
City Council Meeting
Preschool Storytime
City Update: Police Update
City Update: Fire Department Update
Board of Appeals
Library Board
City Update: Community Gardens
Preschool Storytime
Chamber Lunch
City Update: Library Fundraising
City Update: Librarians
City Update: Summer Reading Program
City Council Meeting
City Update: City Planning
City Update: Blues & BBQ
City Update: Farmers’ Market
Total shoots: 21
Edited
Date Shot
Requested By
duration
NLTV/City Administration
May 3
0:20
Youth/Teen Librarian
May 5
0:20
NLTV/City Administration
May 5
0:10
NLTV/City Administration
May 6
1:30
NLTV
May 11
0:05
NLTV/City Administration
May 11
1:30
Youth/Teen Librarian
May 12
0:20
NLTV
May 12
0:10
NLTV
May 12
0:10
NLTV/City Administration
May 12
0:21
NLTV/City Administration
May 17
0:50
NLTV
May 18
0:10
Youth/Teen Librarian
May 19
0:20
NLTV
May 19
0:20
NLTV
May 24
0:10
NLTV
May 24
0:10
NLTV
May 25
0:10
NLTV/City Administration
May 25
1:30
NLTV
May 26
0:10
NLTV
May 30
0:10
NLTV
May 30
0:10
Approx. duration of new NLTV programming: 16.5 hours
Top 5 videos last 60 days on third-party sites
City Update for April 19
Legislative Forum
City Update for May 3
North Liberty Blues & BBQ
North Liberty’s Farmers’ Market
City on Facebook
URL
http://blip.tv/file/3444629
http://blip.tv/file/3485899
http://blip.tv/file/3573676
http://blip.tv/file/3560028
http://blip.tv/file/3582367
http://blip.tv/file/3614173
Views last 60 Days
58
48
37
34
25
25
Website statistics
Top 5 Pages this month
North Liberty homepage
Ryan’s Road Blog
Blues and BBQ
Recreation Dept. homepage
North Liberty jobs page
Total website hits for month of
Unique visitors:
Number of visits:
Pages:
URL
http://www.northlibertyiowa.org/
… /category/ryan-heiar/feed/
http://northlibertyiowa.org/bluesandbbq
http://www.northlibertyiowa.org/rec/
http://northlibertyiowa.org/about-us/employment/
April 2010: 565,129
Apr 6,357
Apr 11,194
Apr 115,375
Viewed
Apr 8,620
May 8,020
May 3,900
Apr 586
May 1,499
Apr 1,352 May 1,395
Apr 998
May 961
May 2010: 583,513
May 6,789
May 11,583
May 118,834
Public & Education programs submitted to NLTV this month
Program length/ frequency
Title
Producer/Provider
30 Minutes
Royce Phillips, Tabernacle Baptist Church
30 minutes/week
30 Odd Minutes
Jeff Belanger
30 minutes every 2 weeks
85 db TV
Tim Tack
30 minutes every 2 weeks
Army Newswatch
Melody Day, US Army
30 min every 2 wks
The Coffee House
Mark Cohen
60 minutes/month
Clear Creek Amana Board Meeting
Guy Goldsmith
1 meeting/month
Drawing with Mark
Mark Marderosian
30 minutes/month
Education Exchange
School District
30 minutes/week
Econews
Educational Communication
30 minutes/week
Fulfilling Destiny
Pastor Jacob Butler
1 hour/week
Gospel Explosion Ministry
Silvia Boyer, Gospel Explosion Ministry
1 hour/week
Grace Community Church service
Grace Community Church
1 hour/week
Grilldog
George Bakley
30 minutes/week
Hoover: Celebrating Iowa part 1
Hoover Presidential Library
60 minutes
Hoover: Celebrating Iowa part 2
Hoover Presidential Library
75 minutes
Hoover: Novembering
Hoover Presidential Library
28 minutes
Iowa Bicycle Coalition
Iowa Bicycle Coalition
30 minutes/month
ICCSD Board Meeting
Iowa City Community School District
2 meetings/month
Independent Voices
Manzoor Cheema
30 minutes/month
In the Fight
US Army
30 minutes/month
Jazzercise
Jazzercise Inc
60 minutes/week
JCCOG
Coralvision
60 minutes
Midnight Mausoleum
Mid Knight Productions
2 hours every 2 weeks
Perils for Pedestrian
John Z Wetmore
30 min every wk
Revival in Oxford!
John Schmit, Anchored in Faith Church
1 hour/week
Saturday Fright Special
SFS Productions
2 hours week
Second Coming Church
Daniel E. Hayes
1 hour/week
Senior Center: Mature Focus
Iowa City/Johnson County Senior Center
30 minutes/month
Senior Center: War Stories
Iowa City/Johnson County Senior Center
50 minutes
Senior Center: At the Center
Iowa City/Johnson County Senior Center
30 minutes/month
Sharing Miracles
Pharma
30 minutes/week
Tabernacle Baptist Church service
Royce Phillips, Tabernacle Baptist Church
1 hour/week
Vet’s Visits on TV
Jerry Barnhardt
30 minutes/month
Whistle When You Work
Mark Cohen
30 minutes/month
Total programs: 33
Total approx. duration of new Public & Education programming: 70 hours
Programs submitted to Iowa City: City Council Meetings
Public Service Announcements created this month
Topic
Schedule
Farmers Market (Update 2009)
SRP Kick-Off and Registration
ICARE Pancake Breakfast
Fishing Pole Rental
Bike Helmets for Sale
May Library Events
Family Fish Event
City Board/Commission Openings
Job Board- May Update
City on Facebook
June Library Events
ALA Poppies
Rod Roberts in North Liberty
North Liberty Fun Days
Geocaching
Requestor
NLTV
Recreation
Library
MECCA
Recreation
Recreation
Library
Parks and Recreation
City Administration
Human Resources
NLTV
Library
American Legion
Rod Roberts
Fun Days Committee
Recreation
Running Dates
Daily
May 4 – Oct 24
May 11 – May 25
May 6 – June 6
May 20 – Sept 7
Ongoing
May 1 – May 31
May 5 – June 5
May 17 – June 7
Ongoing
Ongoing
May30 – June 30
May 18 – May 31
May 19 – May 23
May 20 – June 13
May 27 – July 31
North Liberty Parks & Recreation Committee Meeting
Thursday, June 3, 2010; 7:00PM @ City Council Chambers
Proposal of Agenda
NEW BUSINESS:
1. Approve minutes from meeting (s) of:
Minutes from May meeting.
2. Public Comments/Concerns:
Open to public for comments and concerns;
5 minutes per person time limit.
3. Building & Grounds Report:
See Guy’s monthly report.
4. B. Garner Playground:
Board discussion and recommendation to City Council.
5. Outdoor Pool Opening Weekend:
Update on Opening Weekend
6. Prime Time & Game Time:
Update on schedule; changes.
7. Upcoming Events:
Youth Tennis Lessons
Summer Swim Lessons
Summer Camp Weeks 1-8
Midnight Sports
Amusement Park Tickets on Sale
8. Board Terms / Openings:
Re-apply Candidates;
Dan Skemp & Steve McCann
New Candidates;
Mike Haas
Applications due to City Hall by Monday, June 7th.
9. Iowa’s Water & Land Legacy:
Received an email from Sherri Proud (CV) interest in holding a joint hosted (IC, CV, NL)
meeting/event regarding Iowa’s Water & Land Legacy legislative amendment.
Event proposed for late Sept or early Oct; Vote on Nov. 2
10. Other Issues/Concerns:
Any new issues not on the agenda?
June 8
June 14
June 14
June 14
OLD BUSINESS:
1. Recreation Monthly Report:
Report included in packet summarizing the past month.
2. Monthly Budget Reports:
Request for monthly budget revenue & expenditure reports.
3. Other Issues/Concerns:
Any old issues not on the agenda?
CONCLUSION:
1. Next Meeting
2. Adjourn
Thursday, July 1, 2010 at 7:00PM
Location: City Council Chambers
To:
From:
Date:
Re:
Park & Recreation Commission Board Members
Mayor, City Council and City Administrator
Shelly Simpson, Recreation Director
June 1, 2010
Monthly Report- May 2010
Month Summary: This month consisted of draining the indoor pool, opening the outdoor pool and preparing for summer operations. We
held our annual baseball tourney which was successful.
Program Summaries – May
Swim Lessons:
Parent Tot:
Next session begins in June.
PS Level 1:
Next session begins in June.
PS Level 2:
Next session begins in June.
PS Level 3:
Next session begins in June.
RC Level 1:
Next session begins in June.
RC Level 2:
Next session begins in June.
RC Level 3:
Next session begins in June.
RC Level 4:
Next session begins in June.
RC Level 5:
Next session begins in June.
RC Level 6:
Next session begins in June.
Private Lessons:
Next session begins in June.
Private (Open) Lessons: For this month, $ 689.00
Semi-Private (Open) Lessons: For this month, $ 44.00
Pool Programs:
Water Fitness:
Stroke Clinic (May 8):
Lifeguard Class:
Family Fridays:
Preschool:
Indoor Playground:
Lucky Duck:
Babysitting / Childcare:
Blastball:
Youth: Recsters 2010:
RC Fall 2010:
BG Fall 2010:
Tae Kwon Do:
Adult Sports/Programs:
Adult Open Gym:
Adult Basketball:
Co-ed Volleyball:
Pickleball:
Early Bird Aqua Aerobics: (6) participants, plus walk-ins
Water Resistance AM: Next session in September.
Water Resistance PM: Next session in September.
Easy Does It AM: Next session in September.
This session had no participants.
This class had (6) participants.
This month, took in $10.00
For this month, this program took in $62.00
For this month, this program took in $16.00
For this month, this program took in $203.00
This program has (37) participants.
May AM: (13) participants
May PM: (40) participants
AM = (26) registered
PM = (54) registered
AM = (53) registered
PM = (65) registered
This class had (8) participants.
This month, the program took in $58.00
Fall leagues will begin in September.
Fall leagues will begin in September.
This open play continues inside on Tuesdays/Wednesdays/Fridays from 9AM-12(Noon); outside on
Wednesdays & Fridays; 6:00-9:00PM and Sundays; 10:00AM-12(Noon)
Outdoor Pool Opening Weekend Summary
Date
Season Pool Passes Daily Pool Fees
2004 Totals
??
2005 Totals
??
Concessions
Sat., May 27, 2006
Sun., May 28, 2006
Mon., May 29, 2006
2006 Totals
$
$
$
$
3,253.25
4,506.51
6,438.50
14,198.26
$
$
$
$
1,066.00
3,103.55
3,263.00
7,432.55
$
$
$
$
582.00
1,182.10
1,163.26
2,927.36
$
24,558.17
Sat., May 26, 2007
Sun., May 27, 2007
Mon., May 28, 2007
2007 Totals
$
$
$
$
38.00
823.75
534.00
1,395.75
$
$
$
$
145.00
425.00
339.00
909.00
$
$
$
$
59.50
184.75
175.50
419.75
$
2,724.50
Sat., May 24, 2008
Sun., May 25, 2008
Mon., May 26, 2008
2008 Totals
$
$
$
$
449.00
783.00
1,730.00
2,962.00
$
$
$
$
66.00
68.00
1,074.00
1,208.00
$
$
$
$
5.50
38.75
562.50
606.75
$
4,776.75
Sat., May 23, 2009
Sun., May 24, 2009
Mon., May 25, 2009
2009 Totals
$
$
$
$
839.00
921.00
655.00
2,415.00
$
$
$
$
230.00
959.00
279.00
1,468.00
$
$
$
$
141.50
452.50
160.75
754.75
$
4,637.75
Sat., May 29, 2010
Sun., May 30, 2010
Mon., May 31, 2010
2010 Totals
$
$
$
$
3,191.95
844.55
2,803.95
6,840.45
$
$
$
$
1,349.00
1,723.00
2,154.00
5,226.00
$
$
$
$
902.75
832.75
1,355.50
3,091.00
$
15,157.45
Ultimate Frisbee:
Bead It Up:
(20) participants
May 6: No participation
May 21: No participation
Adult Fitness:
Cardio Pump:
Kickboxing PM:
Cardio / Kick Combo:
Lower Body Blast:
Body Blast:
Jazzercise:
Yoga Boot::
Zumba:
Yogilates:
This session had (6) participants plus walk-ins.
This session had (6) participants plus walk-ins.
This session had (5) participants plus walk-ins.
This session had no participants.
This session had (3) participants plus walk-ins.
Continues with AM & PM classes
This class had (5) participants plus walk-ins.
This session had (5) participant plus walk-ins.
This session had (7) participants.
Adult / Senior Programs:
Senior Dining: May 7: (10) Senior Citizens were in attendance.
May 21: (5) Senior Citizens were in attendance.
Special Events:
Neil Smith Wildlife Preserve Trip:
NL Baseball Tournament:
Community Gardens:
Farmers Market:
ActiveNet Totals:
Residency
Breakdown
May 1-31, 2010
Package
Track Package
Daily Fees
May 1-31, 2010
Daily Weight
Senior Daily Weight
Sub Total
Pool
May 1-31, 2010
Daily Fees
Attachments:
This trip had (10) participants.
8U = 4 teams; 9U = 4 teams; 10U = 4 teams; 11U = 8 teams; 12U = 0 teams
To date, we have (30) plots sold.
To date, we have (12) registered season vendors.
Gross Income for the month of May, 2010: $ 62,015.02
Residents
54
Non-residents
556
90
646
Adult
930
Total
20
74
vs. Apr. = 84
95
28
123
651
118
769
vs. Apr. = 648
vs. Apr. = 71
vs. Apr. = 719
1,039
Total
1,969
Youth
ActiveNet Net Revenue Monthly Reports
Recreation Expenditures Monthly Report; Pool Expenditures Monthly Report
Monthly Attendance Totals Sheet
vs. Apr. = 598
To: Mayor and City Council
From: Greg Metternich, Water Superintendent
Re: Monthly Report
June 3, 2010
Read 6,240 radio reads last month. We had to re read approximately 44 accounts.
We delivered 235 shut off notices and shut off approximately 60 over due accounts for nonpayment this month.
In the month of May we averaged about 1,219,000 gallons a day and our total pumpage for the
month was 31,452,000 gallons that is an increase of about 6.2% from last May.
On May 5th we started our annual flushing of every hydrant in town. We should be finished by
the end of next week. We have found several hydrants in need of repair and three hydrants that
will have to be excavated and re-set because they had been hit by large trucks and pushed over.
The number of repairs seems to grow each year.
Well’s #3 and #6 failed and have been pulled out for maintenance. Well #6 had some corrosion
issues and had one pump stage with a 6 inch piece of the volute missing, Well #6 is our largest
producing well. Well #3 looks like it might have been hit by lighting. Northway Well and
Pump’s evaluation of Well #3 is that the pump and motor will have to be replaced, some of the
drop piping needs to be repaired, and the well needs a chemical treatment for the amount of iron
found on the drop piping, in addition to the chemical treatment they will also brush the entire
column of the Well, in preparation for the maintenance to be done on Well #3 we repaired two
broken valves and replaced a broken hydrant at the Well site. Well #3 has not had any
maintenance done for over 14 years.
We continue to stay very busy installing meters and RF’s in new residential and commercial
buildings.
Please feel free to contact me if you have any questions.
Water Superintendent
Greg Metternich
To: Mayor and City Council, and City Administrator
From: Don Colony, Street Superintendent
Date: June 2nd, 2010
Re: Monthly Report
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
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•
Minor building maintenance.
Maintenance of all equipment including Police and Fire.
We turned our leaf compost pile.
Cemetery locates water and sewer locates are ongoing. South Slope is
installing fiber all over town this is keeping Dan very busy.
Animal control calls are ongoing.
I have attended meetings on our Hwy 965, Cherry st and Forevergreen.
Contractors are moving on fiber up and down 965. Dan and I have
stayed very busy with these two projects.
Last month’s siren checks were normal.
Started painting crosswalks and stop bars on 965.
Ongoing work with staff on the new S.U.D.A.S requirements.
Repaired street signs.
We are still flushing a force sewer main from Westlake.
Several hours cleaning sewer lines in low flow areas.
Staff has been working on street lights that have issues.
Minor traffic signal maintenance.
Staff has been patching streets and working gravel roads and shoulders.
I have been working on specs for a crack sealer for our Department.
Street Department staff has attended all safety meetings.
We have found and raised several sewer man holes that were buried.
We have completed mowing road right of ways this month and
trimming around hydrants and signs.
Assisted other departments as needed.
TO: Mayor, City Council and City Administrator
FROM: Dave Ramsey
DATE: June 1, 2010
SUBJECT: May 2010 Water Pollution Control Plant Report
The following items at the Water Pollution Control Plant were worked on during the
month of May:
1. All preventative maintenance at the plant and lift stations was completed this
month.
2. Entire staff stayed very busy with the day to day operations of this facility.
3. Worked on inventory for facility spare parts. Prioritized critical parts needed for
all the different equipment for future purchases of stand-by equipment.
4. Worked on a new safety support system for the aeration and digester tanks. This
was engineered by Shive-Hattery. We are getting all the materials and installing
the equipment at six entry points into the 22’ deep tanks.
5. I received quotes for the last four remaining lift station generators. Ace Electric in
North Liberty was low bidder on all four. I plan on having all these generators
installed and operational by October. When this project is complete, all eight lift
stations in the city will have emergency stand-by power.
Dave Ramsey
WPCP Superintendent
North Liberty Parks & Recreation Committee
Minutes from May 6, 2010
Board Members in Attendance:
Others in Attendance:
Dan Skemp, Jami Maxson, Kerry Fitzpatrick, Carmen Noska, Deana Kerschen, Steve McCann
Shelly Simpson, Brain Motley
Meeting called to order at 7:00 pm.
Brief Summary of April meeting (no quorum present):
Garner playground committee is looking for funding assistance and will present at the May meeting. Volunteers are needed for Blues &
BBQ. Ball field cleanup was successful. Guy was able to reduce summer labor by 3 due to a more efficient shop. Alliant Energy is
planning a LED lighting project at Liberty Center. Community garden plots are available at Penn Meadows Park. Summer brochure is
out, with several new items included. Indoor pool closed May 17-23 for maintenance.
NEW BUSINESS
1. Approved minutes from March meeting. (No quorum in April/no official minutes)
2. Building and Grounds Report: Staff worked on maintaining ball fields and mowing, and preparing the community garden plots.
Bike Trail/Muddy Creek Clean-up Day April 17 resulted in a truck load of trash being removed. The dept participated in the Citywide Clean-up Day April 24.
3. Buford Garner Playground: Presentation by the Design Committee – they are interested in an ADA facility; currently in the Iowa
City/Coralville/North Liberty area there is accessible equipment or accessible groundcover but not both. Group goals are to have
accessible groundcover, wheelchair and walker accessible play structures, sensory panels (for those with non-physical
disabilities), intergenerational features (for toddlers to grandparents), and soccer nets. The estimate is that ADA accessible
structures add $25,000 to the total cost, and that the accessible groundcover is $9-12 per square foot. The group is trying to raise
$180,000 and Iowa City Community Schools gave the PTO $50,000. The group is asking for a $50,000 donation, and would like
to know within 2 months. The Board is supportive of their efforts but has limited ability to procure funds. Shelly and Guy will meet
to determine if there are items in the 2011 budget (starting July 2010) that can be shifted to free up funds. Board members also
recommended the committee contact city administration for help in applying for available grants.
4. Lights on Babe Ruth Field: Shelly has received an email regarding lighting; a presentation/proposal will be coming.
5. Indoor Pool Closing: the indoor pool will be closed May 17-23 to install state-mandated drain covers (costing $10,000). It will be
drained to the outdoor pool (new drain covers already installed) to save on water, chemical, and heating costs.
6. Upcoming Events:
Community Gardens – planting begins
May 3
Farmer’s Market (Sun 1-4pm)
May 9
Youth Baseball Tourney
May 15&16
Blues & BBQ
May 30
7. Facility Hours, Memorial Day Weekend:
Sat May 29-Mon May 31; Indoor Pool 8am-6pm; Outdoor Pool noon-6pm
8. Other issues/concerns: Recently Penn Meadows parking lots has been used for motorcycle training, keeping those using the ball
diamonds from using the parking lot, instead parking on nearby streets. This creates safety issues for the children. It is the result of
scheduling issues, with no dedicated “parking lot rental” list. Rec Center Staff were already aware and are looking at options to prevent
such issues in the future.
OLD BUSINESS
1. Recreation Monthly Report: Participation numbers were reviewed. There is good enrollment in the before and after school
programs. The Garner pm program limit has been increased to 70 participants based on Van Allen numbers and site capability.
Facility usage numbers were down in April, with the better weather.
2. Monthly Budget Reports: Reports were presented and reviewed.
3. Other issues: Prime Time League and Game Time League are starting in June. New bleachers are to be put in, to avoid need to
use University bleachers. This will also be useful for other Rec Center programs. This will be paid in FY 2011, cost is $22,000
with $25,000 budgeted for this purpose.
CONCLUSION
1. Next meeting: Thursday, June 3, 2010; 7 pm in City Council Chambers.
2. Meeting adjourned at 8:18 pm.
Minutes submitted by Jami Maxson
NORTH LIBERTY PLANNING COMMISSION
June 1, 2010
ROLL CALL. At 6:30 p.m., Chairman Mausser called the regular meeting of the Planning
Commission to order. Commission members present: Anderson, Detlefson, Frost, Haack,
Mausser, Moore, Wilkerson; absent – none.
Others present: Dean Wheatley, Tracey Mulcahey, Scott Peterson, Kevin Trom, Carter Kurdlre,
Duane Olney, Duane Musser, Brian Wayson and other interested parties.
AGENDA APPROVAL. Moore moved, Frost seconded to approve the agenda. The vote was:
ayes – Frost, Wilkerson, Moore, Detlefson, Haack, Mausser, Anderson; nays – none. Motion
carried.
PUBLIC COMMENTS. No public comments were received.
OLNEY ELECTRIC SITE PLAN.
Staff Review. Wheatley presented the commercial site plan application made by Olney Electric for
a new electric office, warehouse and contractor bays development located on 236th Street
between Progress Street and North Jones Boulevard. Staff recommends approval with no
conditions.
Applicants Presentation. Duane Olney spoke regarding his commercial site plant application. The
front of building has enough masonry to exceed the masonry requirement. He is using high
efficiency lighting, LED cans and LED outside lights.
Haack asked why two buildings and two parking lots are shown on the plan. Olney responded
that it was to show future development on the site. The second building is proposed for the
future not going to happen right away. The second building will house larger bays than
currently available around town. Haack asked about signage. Olney responded that he will
apply for a sign permit when necessary. Anderson asked if the outside storage area would be
fenced. Olney indicated that it would not. Wheatley explained that fencing is only required
when the property is adjacent to residential.
Haack asked what will be stored outside. Olney reported that nothing at the this time, except
trucks.
Public Comments. No comments were made.
Questions and Comments. No additional questions were posed from the Commission.
Recommendation to City Council. Moore moved, Frost seconded to recommend approval of the site
plan to the City Council. The vote was: ayes – Wilkerson, Haack, Mausser, Anderson, Moore,
Detlefson, Frost; nays – none. Motion carried.
OLNEY ELECTRIC CONDITIONAL USE.
Staff Review. Wheatley presented the application for conditional use for outside storage made by
Olney Electric for a new electric office, warehouse and contractor bays development located on
236th Street between Progress Street and North Jones Boulevard.
Applicants Presentation. No additional presentation was made.
Public Comments. No comments were made.
Questions and Comments. Frost commented that it was better thought out to put it behind the
building.
Recommendation to Board of Adjustment. Moore moved, Wilkerson seconded to recommend approval
of the Conditional Use application to the Board of Adjustment. After discussion, the vote was:
ayes – Detlefson, Mausser, Moore, Frost, Anderson, Haack, Wilkerson; nays – none. Motion
carried.
LIBERTY MEDICAL AND COMMERCE, PART TWO, PRELIMINARY AND FINAL PLAT.
Staff Review. Wheatley presented the subdivision application made by LMC Investment Group,
L.C. for Liberty Medical and Commerce, Part Two to subdivide property located south of Penn
Street at Cameron Way and Lincoln Drive into 2 lots, to be named Liberty Medical &
Commerce Part Two.. Staff recommends approval with no conditions.
Applicants Presentation. Duane Musser presented the application and reported that it is pretty
straight forward preliminary and final plat to create two lots.
Public Comments. No public comments were offered.
Questions and Comments. Wilkerson asked how far from LL Pelling this development is located.
Wheatley reported that it is one lot depth from the Pelling property.
Detlefson asked about plans to develop lot 4 & 5. Wheatley reported that development is ot
immediately planned.
Haack inquired about zoning to the West of the development. Wheatley stated that the
property is zoned ID – agricultural uses.
Recommendation to City Council. Moore moved, Anderson seconded to recommend approval to City
Council of the preliminary and final plats of Liberty Medical and Commerce, Part Two with no
conditions. After discussion, the vote was: ayes – Mausser, Moore, Frost, Anderson, Haack,
Wilkerson, Detlefson; nays – none. Motion carried.
AUTUMN RIDGE PART TWO FINAL PLAT.
Staff Review. Wheatley presented the application from Autumn Ridge Partners, LC for the final
plat for Autumn Ridge, Part Two.
Applicants Presentation. Applicant had a conflict and could not attend. Staff advised that with it
being a final plat, their attendance was not really necessary.
Public Comments. No public comments received.
Questions and Comments. The Commission had no questions or comments.
Recommendation to City Council. Haack moved, Detlefson seconded to recommend approval of the
final plat for Autumn Ridge Part Two with no conditions: . After discussion, the vote was: ayes
– Moore, Haack, Frost, Wilkerson, Anderson, Detlefson, Mausser; nays – none. Motion carried.
CEDAR SPRINGS, PART 10 FINAL PLAT.
Staff Review. Wheatley presented the application of Cedar Springs Partners, LLC to final plat
Cedar Springs, Part 10.
Applicant’s Presentation. Duane Musser reported that the contractor feels they have everything
completed on the punch list and are ready for council consideration next week.
Public Comments. No public comments were received.
Questions and Comments. Wilkerson stated that this is pretty straight forward as it is a final plat.
Recommendation to City Council. Moore moved, Frost seconded to recommend approval of the final
plat for Cedar Springs, Part 10. The vote was: ayes – Haack, Frost, Wilkerson, Anderson,
Detlefson, Mausser, Moore; nays – none. Motion carried.
ID ZONING DISTRICT ORDINANCE AMENDMENT.
Staff Review. Wheatley reported on the request from Food Pantry to consider construction of a
new building at current location. Staff is working on solutions for them.
The Commission recommended amendments including reference to design standards and
including “Accessory” in title.
Recommendation to City Council. Haack moved, Moore seconded to recommend approval of the
proposed zoning amendment. The vote was: ayes – Frost, Wilkerson, Detlefson, Anderson,
Moore, Mausser, Haack; nays – none. Motion carried.
MINUTES. Moore moved, Wilkerson seconded to approve the minutes from the April 26, 2010
meeting. The vote was: ayes – Anderson, Mausser, Haack, Detlefson, Moore, Wilkerson, Frost;
nays – none. Motion carried.
OLD BUSINESS. Wheatley included the Road Safety Audit Action Plan in Commission
members’ packets for their review and use.
NEW BUSINESS. None was presented.
CASES UNDER DEVELOPMENT. Wheatley mentioned that staff has been working with
developer for multifamily Townhome site plan for Prime Ventures, Inc. on Cameron
Way/Lincoln Drive. This is side by side housing vs. twelve-plex units. Staff is working with
developers on infrastructure in multifamily developments like private drives and sidewalks.
Developer is working well with staff.
Mausser asked about transit committee being created. Wheatley reported that the openings are
posted on city website.
ADJOURNMENT. At 7:17 p.m., Moore moved, Haack seconded to adjourn. All ayes. Meeting
adjourned.
North Liberty Tree & Storm Water Advisory Board
Minutes of May 5th, 2010 meeting
Meeting called to order at 7:10 pm.
Present: Virginia Combs, Thomas Stoeffler, Todd Coleman, and Guy
Goldsmith
Absent: Aaron Granquist
New Business
1. April Minutes approved as written.
2. Fox Valley Pond Issues. Unable to stock the pond due to presence of
Sunfish. Will have to drain and kill the sunfish in order to stock it
with Blue Gill/Channel Cat/Bass.
3. Street Tree SUDAS Document: On City Council July agenda for
approval. Main difference between current standard is the new
document no longer allows trees to be planted in the right of way.
4. Bike Trail and Muddy Creek Clean-up Day: Thanks to the scout troop
for coming to help and the volunteers from the community.
Old Business
1. None
Next meeting is June 2nd, 2010 at 7:00pm at the City Council Chambers.
Meeting adjourned at 7:18 pm.
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