City Council to Meet on July 26, 2022
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.
This meeting will be held in person and may be accessed live by the public in person or on the internet.
This meeting may be accessed live by the public in person or on the internet at at northlibertyiowa.org/live, on Facebook at facebook.com/northliberty or on YouTube at youtube.com/ northliberty. Meetings are rebroadcast on cable and available on-demand on northlibertyiowa.org/meetings.
Consent Agenda
The following items are on the consent agenda and included in the packet:
- City Council Minutes (07/12/22)
- Claims
- Liquor License Renewal
- Smokin’ Joes
- Casey’s #2788
- Pay Application #4, Dubuque Street, Phase 1 Project, All American Concrete, Inc., $228,082.75
- Change Order #12, Ranshaw Way Phase 5 Project, Peterson Contractors, Inc., $2,909.50
- Pay Application #18, Ranshaw Way Phase 5 Project, Peterson Contractors, $210,885.28
Solomon’s Landing
Solomon Holdings, LLC is requesting that the City amend the conditions in the resolution approving the Solomon’s Landing Preliminary Plat. The City Attorney has advised that the City Council may amend these conditions without the need for the Planning Commission to re-review since the content in the Preliminary Plat would remain unchanged. Currently, the developer is required to construct and dedicate Saratoga Lane prior to final plat approval for certain lots within the development. Additionally, there is a required timing for the signalization of the Saratoga Lane/Penn Street intersection due to the impacts of the proposed development. The developer is wishing to utilize the code authorized option of bonding for some of the improvements prior to constructing them in order to obtain Final Plat approval. Additionally, the developer has demonstrated that certain phasing would not warrant the installation of Saratoga Lane and the signalization of the Saratoga Lane/Penn Street intersection. City staff concurs that this has been adequately demonstrated with the amended traffic impact study. The subdivision exhibit depicts which lots would be buildable while the remaining lots would be unbuildable outlots. Once Saratoga Lane and the signalization of the Saratoga Lane/Penn Street intersection occurs (or is bonded for), the remaining lots may be re- platted as buildable lots. As mentioned with the previous approval, this is a complex development, which is being further complicated by market changes due to rising interest rates. Staff recommends approval of the amended conditions.
2022A Bond Sale
The 2022 bond sale will be in the amount of $9.135 million ($265k less than originally anticipated) for the following projects:
Ranshaw Way, Phase 5 (series 1 of 2) $4,500,000
SW Utilities Project $4,160,000 Forevergreen Road Trail $120,000 Capitalized Interest & Fees $355,000
$9,135,000
The bond sale will take place Tuesday morning and official results will be available Tuesday afternoon. The resolution included in the packet approves the loan agreement and will be updated shortly after the sale with the applicable details. The City’s financial advisor, Tionna Pooler with Independent Public Advisors, will be at the meeting to review the results with Council and recommend award. The loan closing is slated for August 10.
West Side Fire Station Land Acquisition
The City has identified a need for an additional fire station situated on the western side of town to accommodate the needs of the community, and to provide improved emergency service response times. Staff, informed by Fire Chief Platz, has determined that the acquisition of approximately four acres of agricultural land near Centennial Park is the most effective and appropriate way to satisfy those needs. This resolution allows for the City Attorney to initiate negotiations with the property owner for the acquisition of the necessary property and is a precondition for the exercise of the City’s powers of eminent domain if no agreement can be reached. No purchase will take place, however, without City Council first establishing an amount for just compensation pursuant to an appraisal and authorizing the payment of any negotiated or awarded amount.
Northside Park Land Acquisition
The City’s Parks Plan identifies the area north of Penn Street near North Jones Boulevard (see included map) as an appropriate area for the construction of a community park. Staff has identified approximately 42 acres of land which appears to be suitable for construction of such a park. Like the West Side Fire Station Project, this resolution allows for the City Attorney to initiate negotiations with the property owner for the acquisition of the necessary property, and is a precondition for the exercise of the City’s powers of eminent domain if no agreement can be reached. No purchase will take place without City Council first establishing an amount for just compensation pursuant to an appraisal and authorizing the payment of any negotiated or awarded amount.
Employee Handbook Update
From time to time, updates to the City’s Employee Handbook are needed to accommodate changes in law, provide clarity on an issue and ensure best practices are being followed. The proposed updates include several minor language revisions that will have minimal impact on current operations. Two of the updates relating to residency requirements and vacation are more significant, with the intent to address employee recruitment and retention. The proposed revision to residency requirements expands the radius from 15 to 30 miles for employees of the Police, Water, Wastewater and Streets departments, excluding the Fire Department. Fulltime firefighters will be required to stay at the department during their shift and the new duty crew program will require the same; therefore, a residency requirement is not necessary for the FD. The intent of this change is to widen the scope of potential employees by allowing them to live farther outside the corporate limits. Further, from a retention perspective, it would allow current employees to relocate without such a limited radius restriction. The proposed revisions to vacation accrual would provide access to vacation time sooner for newer employees, while offering longer term employees some additional time off. The intent of this change is to be more flexible with our employees, encouraging time away to disengage, refresh and attend to family matters.
DOT Substance Abuse Policy Update
The City’s current DOT Substance Abuse Policy is outdated and requires an update. The proposed policy (included in the packet), is applicable to city employees with a CDL designation, assures compliance with federal law and provides clear expectations to employees with a commercial driver’s license. Human Resources Director Debra Hilton has worked closely with the City’s labor attorney, Lynch Dallas, on this revised policy and recommends approval.
Property Disposal Policy
Staff is recommending approval of a policy that defines how the City disposes of surplus property. Surplus property can range from office furniture to a dump truck and depending on the property various disposal methods are considered. The proposed policy mirrors current practice and will formalize the disposal process.
Assessment Resolution
The assessment resolution includes one property that failed to maintain their lawn. After serving notice and seeing no action taken by the owner, staff authorized a contractor to mow the lawn. The amount of the assessment is $190.30. Staff recommends approval of the resolution.
Buck Moon Preliminary Plat
The Buck Moon Preliminary Plat (FKA Liberty Villas) – located at the east side of North Dubuque Street south of Scales Bend Road – consists of 61 single-unit residence lots, 7 townhouse lots and related infrastructure on 24.18 acres. The Preliminary Plat is generally consistent with the concept plan provided during the rezoning. One notable change is the 8’ wide trail has been moved south so that the drainage from the Fox Run Subdivision can be accommodated. The Planning Commission unanimously recommended approval of the Preliminary Plat at its July 5 meeting. Staff also recommends approval.
MLDC, Inc. Rezoning
MLDC, Inc. is requesting a zoning map amendment from RS-6 Single-Unit Residence District to RS-9 Single-Unit Residence District on 2.29 acres and RD-10 Two-Unit Residence District on 7.05 acres – north terminus of Morrison Street – to facilitate development of smaller lot homes and two-unit lot homes. Staff has been seeing denser development requests as a result of increases in construction costs and interest rates.
Staff has been generally in favor of increasing density in areas where utilities are available if the development would be compatible with the surrounding area. RS-6 zoning would be maintained along the Sutter/Chipman Lane block faces and along future Remley Street. This would allow for block faces to be relatively consistent and limit the number of driveway accesses along a future collector street. A good neighbor meeting was held on May 12 and there were objections expressed at the meeting. The objections pertained to wanting to maintain a homogeneous neighborhood of RS-6 zoned lots and concerns of increased traffic due to the additional home sites. To date, there have been eight formal objections. The Planning Commission recommended approval of the rezoning at its July 5 meeting. One Commissioner voted no due to the inclusion of two-unit home lots. Staff points to other examples of successful subdivisions with a mix of housing types, such as The Preserve and Cedar Springs. Staff disagrees that 22 additional homes would create a significant increase in traffic. Generally, home sites generate on average 9.5 vehicle trips per day, which equates to 209 vehicles spread out throughout the day with part traveling north to Remley Street and part traveling south to Chipman Lane. Staff also recommends approval of the rezoning.
CMW Properties Rezoning
CMW Properties, LLC is requesting a zoning map amendment from ID Interim Development District to C-3 Higher-Intensity Commercial District on approximately 6.76 acres– southeast corner of South Dubuque Street and North Liberty Road – to facilitate a horizontal mixed-use development, which means a mixture of residential and commercial development in separate buildings. Considering the properties are located at the intersection of major arterial road (North Liberty Road) and minor arterial road (South Dubuque Street), it is staff’s opinion that this is an appropriate location for a higher-intensity commercial district. A good neighbor meeting was held on June 15 and no one outside of City staff and the applicant attended. The Planning Commission unanimously recommended approval of the rezoning at its July 5 meeting. Staff recommends approval as well.
Scanlon Rezoning
Scanlon Family, LLC and Trustees of Penn Township are requesting a zoning map amendment from ID Interim Development District to RS-4 Single-Unit Residence District on 36.32 acres – southeast corner of North Liberty Road and Oak Lane NE – to facilitate development of up to 37 residential lots. The Scanlon Family, LLC has been working with Penn Township about developing in a sensitive manner around the existing cemetery. A good neighbor meeting was held on June 15 and there were objections expressed about stormwater runoff and the use of Oak Lane NE, which would remain a private street in unincorporated Johnson County. These are technical issues related to the actual development of the property. Notably, the Planning Commission tabled the Preliminary Plat request at its July 5 meeting to provide the developer additional time to work with the Fjords North HOA to resolve these issues. Staff is unaware of any objection to the proposed RS-4 zoning. The Planning Commission unanimously recommended approval of the rezoning at its July 5 meeting. Staff also recommends approval.
Zoning Ordinance Update, First Reading
This minor amendment to the Zoning Code proposed by City staff addresses oversights and scrivener errors discovered after the most recent large Zoning Code update.
Specifically, the amendments address the inadvertent exclusion of the use “Building Trades and Services”, clarifying requirements in the construction plan review process and clarifying landscaping requirements. Staff has also taken the opportunity to rewrite the trash enclosure regulations after it was discovered that the legacy ordinance did not actually articulate that dumpsters had to be located within an enclosure. Trash enclosure regulations would apply retroactively to June 27, 2000, which was when they were first required. The Planning Commission unanimously recommended approval of the Ordinance at its July 5 meeting. Staff recommends approval as well.
ITC Midwest Franchise Agreement
ITC has taken over ownership of Alliant Energy’s transmission lines and is seeking a franchise with the City of North Liberty. The franchise agreement as proposed is for a ten-year term, which automatically renews for an additional ten years unless the City opts not to renew the franchise at least six months prior to the end of the initial term. It allows ITC to manage its existing equipment in town, to notify and work with the City to avoid damage to any landscaping during that maintenance. Most importantly, the agreement requires City Council approval prior to the installation of any new lines. There is no franchise fee associated with this agreement, as transmission lines do not directly serve individual residences, but rather supply power to the substations which do. Staff recommends approval.
Park Speed Limits Ordinance Amendment, Third & Final Reading
With the completion of the Centennial Park Loop Road project, staff has reevaluated the park speed limit ordinance and is recommending reducing the speed limits from 15 mph to 10 mph in all City parks. The proposed change is also applicable to public parking lots, such as the community center and Penn Meadows Park.
