City Council for August 28, 2018

Agenda

Regular Session
6:30 p.m.
City Council Chambers
1 Quail Creek Circle

  1. Call to order
  2. Roll call
  3. Approval of the Agenda
  4. Consent Agenda
    1. City Council Minutes, Regular Session, August 14, 2018
    2. Claims
    3. July Revenues
    4. July Treasurer Report
    5. Trail Improvements Project, All American Concrete, Change Order Number 3, $1,203.87
    6. Trail Improvements Project, All American Concrete, Pay Request Number 3, $17,334.46
    7. Liquor License Renewal, Beer Burger
    8. Liquor License Renewal, Zio Johno’s
    9. Liquor License Renewal, Gasby’s
  5. Public Comment
  6. City Planner Report
  7. City Engineer Report
  8. City Attorney Report
  9. Assistant City Administrator Report
  10. City Administrator Report
  11. Mayor Report
    1. Proclamation of September as Library Card Sign Up Month
  12. Rezoning – Golf View Commercial Part 1, Lot 2
    1. Third consideration and adoption of Ordinance Number 2018-08, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by amending the use regulations on property owned by Streb Investment Partnership LC located in North Liberty, Iowa to those set forth in the Municipal Code for the C-2-B Commercial District
  13. Rezoning – Golf View Commercial Part 2, Lot 14
    1. Third consideration and adoption of Ordinance Number 2018-09, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by amending the use regulations on property owned by Streb Investment Partnership LC located in North Liberty, Iowa to those set forth in the Municipal Code for the C-2-B Commercial District
  14. The Preserve
    1. Remove from the table
    2. Staff and Commission recommendations
    3. Applicant presentation
    4. Resolution Number 2018-110, A Resolution approving the Preliminary Plat Agreement between the City of North Liberty and Watts Group Development, Inc. that establishes the terms and conditions under which a Preliminary Plat will be approved for The Preserve in the City of North Liberty, Iowa
    5. Resolution Number 2018-111, A Resolution approving the Preliminary Plat of The Preserve, North Liberty, Iowa
  15. Police Department Building Project
    1. Public Hearing regarding the plans, specifications, estimate of cost for the Police Department Building Project
    2. Resolution Number 2018-115, A Resolution finally approving and confirming plans, specifications and estimate of cost for the Police Department Building Project
  16. 2018A Bond Sale
    1. Public Hearing on proposal to enter into an Essential Purpose Loan Agreement and to borrow money thereunder in a principal amount not to exceed $4,450,000
    2. Public Hearing on a proposal to enter into a Ranshaw Loan Agreement and to borrow money thereunder in a principal amount not to exceed $210,000
    3. Resolution Number 2018-116, A Resolution taking additional action on proposals to enter into General Obligation Loan Agreements
  17. Forevergreen Road Project
    1. Resolution Number 2018-117, A Resolution approving the Temporary Easement Purchase Agreement for the Forevergreen Road Project (Project: IMN-380-6(344)2—OE-52) – Keystone North Liberty
    2. Resolution Number 2018-118, A Resolution approving the Purchase Agreement and Administrative Settlement for the Forevergreen Road Project (Project: IMN-380-6(344)2—OE-52) – Bartel Ruba and Andrea Ruba
    3. Resolution Number 2018-119, A Resolution approving the Purchase Agreement and Administrative Settlement for the Forevergreen Road Project (Project: IMN-380-6(344)2—OE-52) – Thomas Dornbush and Carol Dornbush
    4. Resolution Number 2018-120, A Resolution approving the Purchase Agreement and Administrative Settlement for the Forevergreen Road Project (Project: IMN-380-6(344)2—OE-52) – Brian Wayson and Sheila Wayson
    5. Resolution Number 2018-121, A Resolution approving the Purchase Agreement and Administrative Settlement for the Forevergreen Road Project (Project: IMN-380-6(344)2—OE-52) – Arthur Chipman and Coleen Chipman
    6. Resolution Number 2018-122, A Resolution approving the Purchase Agreement and Administrative Settlement for the Forevergreen Road Project (Project: IMN-380-6(344)2—OE-52) – Julia Oxley and Nicholas Oxley
  18. Penn and Front Street Project
    1. Resolution Number 2018-123, A Resolution approving amendment to Purchase Agreement for 490 N. Front Street
    2. Resolution Number 2018-124, A Resolution approving the proposed tax-deferred exchange documents related to the purchase of 490 N. Front Street
    3. Resolution Number 2018-125, A Resolution approving amendment to Purchase Agreement for 610 N. Front Street
    4. Resolution Number 2018-126, A Resolution approving the proposed tax-deferred exchange documents related to the purchase of 610 N. Front Street
  19. Old Business
  20. New Business
  21. Adjournment

Minutes

Call to order 

Mayor Terry Donahue called the August 28, 2018 regular session of the North Liberty City Council to order at 6:30 p.m.  Councilors present: Chris Hoffman, Sarah Madsen, Annie Pollock, Jim Sayre; absent: Jennifer Goings.

Others present: Ryan Heiar, Tracey Mulcahey, Scott Peterson, Kevin Trom, Evan Runkle and other interested parties.

Approval of the Agenda

Madsen moved, Pollock seconded to approve the agenda with removal of the resolutions relating to tax deferred exchange documents for properties on North Front Street. After discussion, the vote was all ayes. Agenda approved.

Consent Agenda

Pollock moved, Madsen seconded to approve the Consent Agenda including City Council Minutes from the Regular Session on August 14, 2018; the attached list of Claims; July Revenues; July Treasurer Report; Trail Improvements Project Change Order Number 3 to All American Concrete in the amount of $1,203.87; Trail Improvements Project Pay Request Number 3 to All American Concrete in the amount $17,334.46; Liquor License Renewal for Beer Burger; Liquor License Renewal for Zio Johno’s; Liquor License Renewal for Gasby’s. The vote was all ayes. Consent Agenda approved.

Public Comment

No public comment was offered.

City Planner Report

City Planner Dean Wheatley reported that development has slowed.

City Engineer Report

City Engineer Kevin Trom reported that rain has made construction difficult in August.  Front Street is substantially complete. Highway 965/Ranshaw Way Phase 3 Project’s outer lanes will be closed for the duration of the project. No other long-term closures are planned as a part of this project. The Kansas Avenue Project has been most affected by the rainy weather. The Penn and Front Streets Project design is 50% complete. It is expected to be bid this winter. The survey is complete on the Main Street Project.  Bidding is expected in April 2019.    Council discussed the report with Trom.

City Attorney Report

City Attorney Scott Peterson had nothing special to report.  Peterson offered a few thoughts on his last Council meeting before his retirement.

Assistant City Administrator Report

Assistant City Administrator Tracey Mulcahey reported that the Back to School Bash served more than 500 kids.

Wheatley arrived at 6:40 p.m.

City Administrator Report

City Administrator Ryan Heiar reported that the City has closed on the Dog Park land and is starting the annexation process.  Heiar explained the amendments for the property purchases on Front Street on the agenda tonight.  The City closes on the properties on Friday. Demolition will begin shortly thereafter.  Heiar sent out a Doodle poll for a special work session to discuss goals, priorities and development related issues.

Councilor Goings arrived at 6:43 p.m.

Mayor Report

Mayor Donahue proclaimed September as Library Card Sign Up Month. Donahue has communicated with the Mayor of Cedar Rapids regarding a letter in response to the letter sent to the IDOT by Iowa City Mayor Throgmorton.  The Mayor presented a gift of appreciation for retiring City Attorney Scott Peterson.

Rezoning – Golf View Commercial Part 1, Lot 2

Hoffman moved, Pollock seconded to approve the third consideration and adoption of Ordinance Number 2018-08, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by amending the use regulations on property owned by Streb Investment Partnership LC located in North Liberty, Iowa to those set forth in the Municipal Code for the C-2-B Commercial District.  The vote was: ayes – Sayre, Goings, Hoffman, Pollock, Madsen; nays – none. Motion carried.

Rezoning – Golf View Commercial Part 2, Lot 14

Madsen moved, Goings seconded to approve the third consideration and adoption of Ordinance Number 2018-09, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by amending the use regulations on property owned by Streb Investment Partnership LC located in North Liberty, Iowa to those set forth in the Municipal Code for the C-2-B Commercial District.  The vote was: ayes – Pollock, Goings, Hoffman, Sayre, Madsen; nays – none. Motion carried.

The Preserve

Goings moved, Madsen seconded to remove from the table. The vote was all ayes.  Motion carried.

Wheatley reported that the staff and commission recommend approval.

Dune Musser was present on behalf of the applicant and offered to answer questions.  Council, the Mayor and staff discussed the plat and agreement.

Goings moved, Madsen seconded to approve Resolution Number 2018-110, A Resolution approving the Preliminary Plat Agreement between the City of North Liberty and Watts Group Development, Inc. that establishes the terms and conditions under which a Preliminary Plat will be approved for The Preserve in the City of North Liberty, Iowa. The vote was: ayes – Pollock, Goings, Sayre, Hoffman, Madsen; nays – none. Motion carried.

Hoffman moved, Madsen seconded to approve Resolution Number 2018-111, A Resolution approving the Preliminary Plat of The Preserve, North Liberty, Iowa.  The vote was: ayes – Hoffman, Pollock, Sayre, Goings, Madsen; nays – none. Motion carried.

Police Department Building Project

Council discussed the project with Chief Venenga. At 6:57 p.m., Mayor Donahue opened the public hearing regarding the plans, specifications, estimate of cost for the Police Department Building Project.  No written or oral comments were received. The public hearing was closed.

Pollock moved, Goings seconded to approve Resolution Number 2018-115, A Resolution finally approving and confirming plans, specifications and estimate of cost for the Police Department Building Project.  The vote was: ayes – Hoffman, Sayre, Goings, Pollock, Madsen; nays – none. Motion carried.

2018A Bond Sale

At 6:58 p.m., Mayor Donahue opened the public hearing on proposal to enter into an Essential Purpose Loan Agreement and to borrow money thereunder in a principal amount not to exceed $4,450,000. No oral or written comments were received. The public hearing was closed.

At 6:59 p.m., Mayor Donahue opened the public hearing on a proposal to enter into a Ranshaw Loan Agreement and to borrow money thereunder in a principal amount not to exceed $210,000. No oral or written comments were received. The public hearing was closed.

Hoffman moved, Goings seconded to approve Resolution Number 2018-116, A Resolution taking additional action on proposals to enter into General Obligation Loan Agreements.  The vote was: ayes – Madsen, Goings, Sayre, Hoffman, Pollock; nays – none. Motion carried.

Forevergreen Road Project

Hoffman moved, Pollock seconded to approve Resolution Number 2018-117, A Resolution approving the Temporary Easement Purchase Agreement for the Forevergreen Road Project (Project: IMN-380-6(344)2—OE-52) – Keystone North Liberty.  The vote was: ayes – Madsen, Sayre, Goings, Pollock, Hoffman; nays – none. Motion carried.

Madsen moved, Hoffman seconded to approve Resolution Number 2018-118, A Resolution approving the Purchase Agreement and Administrative Settlement for the Forevergreen Road Project (Project: IMN-380-6(344)2—OE-52) – Bartel Ruba and Andrea Ruba.  The vote was: ayes – Goings, Hoffman, Pollock, Sayre, Madsen; nays – none. Motion carried.

Pollock moved, Madsen seconded to approve Resolution Number 2018-119, A Resolution approving the Purchase Agreement and Administrative Settlement for the Forevergreen Road Project (Project: IMN-380-6(344)2—OE-52) – Thomas Dornbush and Carol Dornbush.  The vote was: ayes – Goings, Hoffman, Sayre, Pollock, Madsen; nays – none. Motion carried.

Madsen moved, Pollock seconded to approve Resolution Number 2018-120, A Resolution approving the Purchase Agreement and Administrative Settlement for the Forevergreen Road Project (Project: IMN-380-6(344)2—OE-52) – Brian Wayson and Sheila Wayson. The vote was: ayes – Goings, Hoffman, Sayre, Madsen, Pollock; nays – none. Motion carried.

Goings moved, Hoffman seconded to approve Resolution Number 2018-121, A Resolution approving the Purchase Agreement and Administrative Settlement for the Forevergreen Road Project (Project: IMN-380-6(344)2—OE-52) – Arthur Chipman and Coleen Chipman.  The vote was: ayes – Goings, Madsen, Hoffman, Sayre, Pollock; nays – none. Motion carried.

Pollock moved, Madsen seconded to approve Resolution Number 2018-122, A Resolution approving the Purchase Agreement and Administrative Settlement for the Forevergreen Road Project (Project: IMN-380-6(344)2—OE-52) – Julia Oxley and Nicholas Oxley.  The vote was: ayes – Goings, Sayre, Madsen, Hoffman, Pollock; nays – none. Motion carried.

Penn and Front Street Project

Hoffman moved, Goings seconded to approve Resolution Number 2018-123, A Resolution approving amendment to Purchase Agreement for 490 N. Front Street.  The vote was: ayes – Madsen, Sayre, Goings, Hoffman, Pollock; nays – none. Motion carried.

Madsen moved, Sayre seconded to approve Resolution Number 2018-124, A Resolution approving amendment to Purchase Agreement for 610 N. Front Street.  The vote was: ayes – Sayre, Pollock, Hoffman, Madsen, Goings; nays – none. Motion carried.

Old Business

No old business was presented.

New Business

Wheatley spoke regarding development in general. He offered to meet with any Councilors with questions or concerns.

Adjournment

At 7:06 p.m., Mayor Donahue adjourned the meeting.

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