City Council to Meet on March 9, 2021

Included in each City Council information packet is a memo from the City Administrator offering a summary and context of items appearing on the agenda. We will begin publishing these memos here in our news feed to make them more accessible. You can sign up to be notified of news items, agendas and more by email.

Due to the COVID-19 pandemic, public health and safety concerns require City of North Liberty public meetings to be held electronically, so as to limit the spread of the virus. The public is invited to submit questions and comments in advance of the meeting for consideration submitting them to the City Clerk Tracey Mulcahey via email at [email protected].

This meeting may be accessed live by the public on the internet at northlibertyiowa.org/live.

Meeting Note

Tuesday’s meeting will be held virtually via Zoom and live streamed at Watch Meetings Live as well as available on the website. The City Council and participants will log into the meeting in order to conduct business while the public will be able to watch the debate and decisions being made.

Consent Agenda

The following items are on the consent agenda and included in the packet:

• City Council Minutes (02/23/21)
• Claims
• Liquor License Renewals
  • Panchero’s
  • Jalapeno Mexican Restaurant
• Pay Application #6, Southwest Growth Area Utilities Project, Boomerang Corporation, $127,333.25
• Pay Application #10 (FINAL) and Project Acceptance, Andrews Drive Project, Metro Pavers Inc., $11,000

FY22 Budget

The agenda includes a second and final public hearing and resolution approving the FY22 budget. For the first time in a decade the City’s tax levy will increase, from $11.03 to $11.32. The $0.29 increase is the result of a higher debt service levy to cover the bond payment for the new police station. Full details of the FY22 budget can be found in the final budget documents (the budget model and CIP), which are included in the packet. Staff recommends approval of the resolution and FY22 budget.

Tree & Storm Water Board Appointment

The Mayor is recommending the appointment of Doris Vaske to the Tree and Storm Water Board. Ms. Vaske’s application is included in the packet for reference.

Hardwick Conditional Use (County)

Johnson County is requesting the City review a Conditional Use Permit application for property located within unincorporated Johnson County, but within the City’s extraterritorial jurisdiction. The request is to renew a landscape business located at 2780 Front Street NE, generally located on the east side of Front Street between the Broadmoor and Windsor Farms subdivisions. The City Council considered a Conditional Use Permit for the same landscape business on January 8, 2019 and voted to recommend approval subject to the following conditions: 1. the Conditional Use Permit only applies to the owner; 2. there be no retail sales; and that the Conditional Use Permit be valid for a period of two years. City staff has not observed any major impacts associated with the use over the past two years. The application states that the business owner anticipates being in a position to relocate to a permanent commercial location in approximately 16 months. Therefore, staff recommends the City Council approve the request with the same conditions as the January 8, 2019 approval.

Corridor Commercial Development Company Site Plan

The site plan proposes a new medical spa and salon at 750 Jordan Street. The 9,245 square foot building would contain masonry and wood accent panels on the east and west elevations. Awnings and a pergola would provide additional architectural interest. The building placement and site design is an excellent example of thoughtful accommodation to multiple forms of transportation. There would be dedicated

pedestrian walkways from Jordan Street and Sara Court, a bicycle rack and side and rear loaded vehicle stalls. This is a lower impact commercial use, which would be compatible with the adjacent residential properties to the east. Trees were planted along the east property line several years ago, which have now matured. With additional landscaping and berms, the site will be a very high-quality addition to North Liberty. The Planning Commission unanimously recommended approval of the site plan at its March 2, 2021 meeting. Staff also recommends approval the site plan.

Aquatic Center Pool Heater Replacement

Recently, the indoor pool was forced to temporarily close because of a heater failure. The pool is now operational; however, the heater repair is only a short-term solution. A permanent repair will require both pool boiler heating units to be relocated and replaced. An inspection of the boiler room by a mechanical engineer found that the current setup is code deficient as the required clearance between the boiler units and the adjacent walls is not met. Moreover, the boilers’ close proximity has also resulted in combustion exhaust recirculating to the units fresh air intakes, which has reduced their lifespans. Due to the current piping arrangement, chlorinated pool water is directly heated by the boilers, which has further diminished the lifespans. Resolving the issues caused by the piping arrangement and lack of clearance will not be possible without providing the additional storage room dedicated to the boilers.

It should also be noted that the current situation only allows for minimal use of a boiler to heat the outdoor pool. Hot weather is a necessity this summer to assist in heating the outdoor pool until the project is complete.

There is $70k available in the FY22 budget; unfortunately, that figure is well short of the

$475k needed to fund this project. At Tuesday’s meeting, staff will be recommending moving ahead immediately with this scope of work, so further unplanned shutdowns of the pools can be minimized.

A funding proposal is outlined below:

Pool Heater Replacement: Summary of Costs & Funding Streams

Ranshaw Way, Phase 5 Easements & Acquisitions

The City has secured agreements with the owners of the remaining properties which will be impacted by the Ranshaw Way Phase 5 public improvement project, and for which condemnation actions are pending. The agreements are conditioned upon Council approval, and involve the acquisition of permanent utility, landscaping, drainage and sidewalk easements on the various properties, as well as temporary construction easements along Ranshaw Way. Staff believes that the negotiated values for just compensation for each parcel are reasonable, and therefore recommends approval.

Dubuque Street, Phase 1 Easements & Acquisitions

Appraisals have been completed for many of the real property acquisitions required for the Dubuque Street Phase 1 public improvement project. Prior to making an offer to purchase the necessary interests in these properties, and to avail itself of the statutory condemnation process, the City is required by law to first establish the amount of just compensation for each, which can be no less than the appraised value or compensation estimate. In addition, some of the real estate interests to be acquired for the Dubuque Street Phase 1 project are so minor or uncomplicated that a formal appraisal would be uneconomical. In those instances, state law allows for cities to establish compensation estimates in lieu of formal appraisals. This resolution authorizes the City Attorney to establish those estimated values for the remaining parcels affected by the Dubuque Street Project which were not appraised, and then to present those estimates for formal approval at a subsequent meeting. Staff recommends approval of the resolutions.

Greenbelt Trail Rezoning, 2nd Reading

Greenbelt Trail II, LLC is requesting a zoning map amendment to allow 66.84 acres – west of North Liberty Road and east of the Arlington Ridge Subdivision – to be developed with approximately 150 single-family dwellings and related infrastructure. The request is consistent with the Comprehensive Plan Future Land Use designation, which is Residential. It is staff’s opinion that the RS-6 zoning is compatible with surrounding properties as a portion of Arlington Ridge subdivision to the west and all of Greenbelt Trail – Part One to the south are zoned RS-6 . The Planning Commission recommended approval of the request at its February 2, 2021 meeting. Notably, one Commissioner expressed a concern with the RS-6 zoning as it allows for smaller lot sizes than RS-4 zoning. Staff noted that the draft preliminary plat depicts most lots exceeding the RS-6 lot size requirements. However, since all lots do not meet RS-4 lot size requirements, the developer selected the RS-6 zoning. Staff recommends approval of the zoning change request.

Red Fern Dog Park Rezoning, 2nd Reading

This is a staff initiated zoning map amendment for the 11.04 acre dog park, located on North Liberty Road. This is a clean-up of the zoning map as the property is already developed as a park and the Comprehensive Plan Future Land Use designation is Parks and Recreation. The Planning Commission unanimously recommended approval of the request at its February 2, 2021 meeting. Staff recommends approval of the zoning change as well.

Zoning Code (Signs) Ordinance Amendment, 2nd Reading

This is a staff-initiated amendment to specific elements of the Sign Ordinance, which are generally more permissive in nature. Changes include amending directional signs to meet contemporary practices and specifying when a permit is not required, relocating the window sign text to a more appropriate section and providing for real estate signs to be for one size (as opposed to a sliding scale) depending on the zoning district. Notably, staff is proposing to remove the regulation which allows real estate signs to be placed in the right-of-way on a temporary basis. The zoning ordinance is not intended to regulate uses in the right-of-way and the precedent of allowing any private sign in the right-of- way is concerning. The last change includes amending construction activity signs to meet contemporary practices and specifying that a permit is not required. The Planning Commission unanimously recommended approval of the request at its February 2, 2021 meeting. Staff recommends approval of the zoning change as well.

Dog Park Membership Ordinance, 2nd Reading

This ordinance establishes that as of June 1, 2021, memberships are required for use of the Red Fern Dog Park (and any future designated off-leash areas) and sets forth requirements for those memberships. The ordinance allows for the City to establish a fee structure for memberships by resolution and provides basic rules for conduct to ensure public safety. Staff will bring forward a resolution with the above proposed rates when the third reading of the ordinance is considered.

Utility Franchise Fee

Over the last couple of years, the City Council has had discussions about implementing a franchise fee. Most recently, the City Council identified as a priority, making a decision about a franchise fee, in its 2020 Strategic Planning Session. To help facilitate this discussion and decision, the packet includes a document identifying the cities in Iowa that currently utilize a gas and/or electric franchise fee and the respective rates for each, and a spreadsheet outlining revenue projections if NL were to adopt a franchise fee.

Additionally, the spreadsheet provides sample data as to how the fee would impact a specific household.

There are a few other points to take into consideration:

1. There are some restrictions for the use of the franchise fee funds. They must first be used for the regulation of each franchise. In North Liberty’s case, that regulation does not need or require any funding, so the amount necessary is zero Every dollar above that, then, can be expended only for the following purposes:
   1. Property tax
   2. The repair, remediation, restoration, cleanup, replacement, and improvement of existing public improvements and other publicly owned property, buildings, and facilities.
   3. Projects designed to prevent or mitigate future disasters as defined in section 2.
   4. Energy conservation measures for low-income homeowners, low-income energy assistance programs, and weatherization programs.
   5. Public safety, including the equipping of fire, police, emergency services, sanitation, street, and civil defense
   6. The establishment, construction, reconstruction, repair, equipping, remodeling, and extension of public works, public utilities, and public transportation
   7. The construction, reconstruction, or repair of streets, highways, bridges, sidewalks, pedestrian underpasses and overpasses, street lighting fixtures, and public grounds, and the acquisition of real estate needed for such
   8. Property tax abatements, building permit fee abatements, and abatement of other fees for property damaged by a disaster as defined in section 2.
   9. Economic development activities and
   10. Payment of judgments against the City.

Note that items b and g are very vague and can fit most, if not all, public projects.

2. If the Council wishes to move forward with a FF, a Revenue Purpose Statement, identifying how the money collected will be spent, must be This is done via a resolution and must be consistent with the language above.
3. The approval of a FF will require three ordinance amendments, including chapters 110 (Mid American), 111 (Alliant) and 117 (Linn County REC).
4. Each utility has specific notification requirements when amending the FF rate, requiring between 90 days and 6 months after the ordinance is approved to start