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City Council for July 9, 2019

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, June 25, 2019
    2. Claims
    3. Liquor License Renewal, Rocky O’Brien’s
    4. Main Street Improvements Project, Pay Application Number 3, Schrader Excavating and Grading Co., $247,075.24
  5. Public Comment
  6. City Planner Report
  7. City Engineer Report
  8. City Attorney Report
  9. Assistant City Administrator/City Clerk Report
  10. City Administrator Report
  11. Mayor Report
  12. Street Renamings
    1. Staff and Commission recommendations
    2. Resolution Number 2019-74, a Resolution authorizing the change of a street name from North Bend Drive to Centro Way and change of a street name from East Penn Street to North Liberty Road (East of Juniper Street) in North Liberty, Iowa
  13. 2019A Bond Sale
    1. Public Hearing on a proposal to enter into a General Obligation Corporate Purpose and Refunding Loan Agreement
    2. Resolution Number 2019-72, A Resolution taking additional action on proposal to enter into a General Obligation Corporate Purpose and Refunding Loan Agreement
  14. Conduit Bonding – Heartland Goodwill Enterprises
    1. Resolution Number 2019-73, A Resolution relating to the issuance of not to exceed $3,000,000 in aggregate principal amount of Revenue Bonds (Heartland Goodwill Enterprises Project) Series 2019, of City of North Liberty, Iowa; and specifically (1) declaring intent to reimburse expenditures from proceeds of said bonds; (2) fixing a date for a public hearing on the proposal to issue said bonds; (3) directing publication of notice of intention to issue said bonds; and (4) authorizing the execution of a Memorandum of Agreement
  15. Water Rate Ordinance Amendment
    1. Third consideration and adoption of Ordinance Number 2019-10, An Ordinance amending Chapter 92.02 entitled “Rates for Service,” of the Municipal Code of North Liberty by adopting a new section 92.02 to increase the charges for water used
  16. Sewer Rate Ordinance Amendment
    1. Third consideration and adoption of Ordinance Number 2019-11, An Ordinance amending Chapter 99.02 entitled, “Rate,” of the Municipal Code of North Liberty by adopting a new Section 99.02 to increase the charges for sanitary sewer services
  17. Backflow Prevention Ordinance Amendment
    1. Second consideration of Ordinance Number 2019-12, An Ordinance amending the Code of Ordinances of the City of North Liberty, Iowa, clarifying backflow prevention assembly installation and testing responsibilities and procedures
  18. Grass and Weeds Ordinance Amendment
    1. Second consideration of Ordinance Number 2019-13, An Ordinance amending Chapter 52 of the North Liberty Code of Ordinances
  19. Greenbelt Trail, L.L.C. Rezoning
    1. Second consideration of Ordinance Number 2019-14, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by amending the use regulations on property owned by Greenbelt Trail, L.L.C. located in North Liberty, Iowa to those set forth in the Municipal Code for the RS-6 Residential District
  20. Dog Park Vacation
    1. Second consideration of Ordinance Number 2019-16, An Ordinance vacating a portion of Right of Way in North Liberty, Iowa
  21. Animal Code Ordinance Amendments
    1. Public Hearing regarding proposed amendments to the Animal Control Code
    2. First consideration of Ordinance Number 2019-15, An Ordinance amending the Code of Ordinances of the City of North Liberty, Iowa, updating portions of the Animal Control Code
  22. Colony Pumpkin Patch & Corn Maze
    1. Discussion and possible action regarding revised Conditional Use Permit Application for the Colony Pumpkin Patch
  23. Old Business
  24. New Business
  25. Adjournment

Minutes

Call to order 

Mayor Terry Donahue called the July 9, 2019 Regular Session of the North Liberty City Council to order at 6:30 p.m.  Councilors present:  RaQuishia Harrington, Chris Hoffman, Sarah Madsen, Annie Pollock; absent: Brent Smith.

Others present: Ryan Heiar, Grant Lientz, Tracey Mulcahey, Kevin Trom, Dean Wheatley, Joel Miller and other interested parties.

Approval of the Agenda

Pollock moved, Madsen seconded to approve the agenda with moving the Colony Pumpkin Patch item to right after the Street Renamings. The vote was all ayes. Agenda approved.

Consent Agenda

Madsen moved, Pollock seconded to approve the Consent Agenda including the City Council Minutes from the Regular Session on June 25, 2019; the attached list of Claims; Liquor License Renewal for Rocky O’Brien’s; and Main Street Improvements Project, Pay Application Number 3, Schrader Excavating and Grading Co., $247,075.24. The vote was all ayes. Consent Agenda approved.

Public Comment

No public comment was offered.

City Planner Report

City Planner Dean Wheatley reported that a new submission for the August Planning Commission is a forty lot subdivision.

City Engineer Report

City Engineer Kevin Trom reported that Ranshaw Way, Phase 3 has a completed punchlist. The IDOT audit is all that remains.  The Kansas Avenue RISE project is complete other than the IDOT concurrence.  The Penn and Front Street project is nearing completion of stage one.  Next week, the detours will shift, dependent on weather and contractors.  Council discussed the project with Trom.  The Main Street project is close to complete.  The contractor on the Trail Project will mobilize and start work in late July.  The North Bend Drive project punchlist is complete.   The contractor for the Sewer Main project has mobilized.  Trom is scheduling a staff review meeting for the St. Andrew’s Drive project.  Staff is working with Trom on fencing and paving bid packets for the Dog Park project.  They plan to award a contract in late August. The park should be open and ready for the public in the summer of 2020. Council discussed the report with Trom.

City Attorney Report

City Attorney Grant Lientz had no report.

Assistant City Administrator/City Clerk Report

Assistant City Administrator/City Clerk Tracey Mulcahey reported that the celebration of the United Way’s 100th Birthday will be at Summer Lunch and Fun next Tuesday. Fiscal Year 2019 ended last week and close out is under way in preparation for the auditor’s visit in August.

City Administrator Report

City Administrator Ryan Heiar reported that the swimming pool closed this week to remove and replace the sand in the filters. It could be reopened as early as Thursday, but more likely Friday.  In June 2019, the City produced and used 10% less water than June 2018.  The underground issues at the Police Department have all been resolved. The costs will be less than $10,000. The Joint Government meeting is next Monday in Coralville starting at 4 p.m.

Mayor Report

Mayor Terry Donahue had no report.

Street Renamings

Wheatley reported that staff and the Planning Commission recommended approval of the renaming of the streets.

Madsen moved, Pollock seconded to approve Resolution Number 2019-74, a Resolution authorizing the change of a street name from North Bend Drive to Centro Way and change of a street name from East Penn Street to North Liberty Road (East of Juniper Street) in North Liberty, Iowa.  After discussion, the vote was: ayes – Madsen, Harrington, Pollock, Hoffman; nays – none. Motion carried.

Colony Pumpkin Patch & Corn Maze

Katie Colony presented information regarding the revised Conditional Use Permit Application for the Colony Pumpkin Patch for special events outside of seasonal ag.   Pollock moved to provide positive approval of the application to the County.  Harrington seconded. The vote was all ayes. Motion carried.

2019A Bond Sale

Heiar presented information regarding projects being funded with bond funds. At 6:50 p.m., the Mayor opened the Public Hearing on a proposal to enter into a General Obligation Corporate Purpose and Refunding Loan Agreement. No oral or written comments were received. The public hearing was closed.

Hoffman moved, Madsen seconded to approve Resolution Number 2019-72, A Resolution taking additional action on proposal to enter into a General Obligation Corporate Purpose and Refunding Loan Agreement.  After discussion, the vote was: ayes – Pollock, Madsen, Harrington, Hoffman; nays – none. Motion carried.

Conduit Bonding – Heartland Goodwill Enterprises

Dean Spina and Jessica Schamberger were present on behalf of Heartland Goodwill Enterprises and offered additional information on the project. Pollock moved, Harrington seconded to approve Resolution Number 2019-73, A Resolution relating to the issuance of not to exceed $3,000,000 in aggregate principal amount of Revenue Bonds (Heartland Goodwill Enterprises Project) Series 2019, of City of North Liberty, Iowa; and specifically (1) declaring intent to reimburse expenditures from proceeds of said bonds; (2) fixing a date for a public hearing on the proposal to issue said bonds; (3) directing publication of notice of intention to issue said bonds; and (4) authorizing the execution of a Memorandum of Agreement.  After discussion, the vote was: ayes – Pollock, Harrington, Madsen; nays – none; abstain – Hoffman. Motion carried.

Water Rate Ordinance Amendment

Hoffman moved, Madsen seconded to approve the third consideration and adoption of Ordinance Number 2019-10, An Ordinance amending Chapter 92.02 entitled “Rates for Service,” of the Municipal Code of North Liberty by adopting a new section 92.02 to increase the charges for water used. The vote was: ayes – Hoffman, Madsen, Pollock, Harrington; nays – none. Motion carried.

Sewer Rate Ordinance Amendment

Harrington moved, Hoffman seconded to approve the third consideration and adoption of Ordinance Number 2019-11, An Ordinance amending Chapter 99.02 entitled, “Rate,” of the Municipal Code of North Liberty by adopting a new Section 99.02 to increase the charges for sanitary sewer services.  The vote was: ayes – Harrington, Madsen, Hoffman, Pollock; nays – none. Motion carried.

Backflow Prevention Ordinance Amendment

Madsen moved, Pollock seconded to approve the second consideration of Ordinance Number 2019-12, An Ordinance amending the Code of Ordinances of the City of North Liberty, Iowa, clarifying backflow prevention assembly installation and testing responsibilities and procedures.  The vote was: ayes –Pollock, Harrington, Hoffman, Madsen; nays – none. Motion carried.

Grass and Weeds Ordinance Amendment

Pollock moved, Madsen seconded to approve the second consideration of Ordinance Number 2019-13, An Ordinance amending Chapter 52 of the North Liberty Code of Ordinances.  The vote was: ayes – Harrington, Madsen, Hoffman, Pollock; nays – none. Motion carried.

Greenbelt Trail, L.L.C. Rezoning

Hoffman moved, Harrington seconded to amend the language of the pending ordinance to reflect the amended legal description provided by staff. The vote was all ayes. Motion carried.

Hoffman moved, Pollock seconded to approve the first consideration of Ordinance Number 2019-14, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by amending the use regulations on property owned by Greenbelt Trail, L.L.C. located in North Liberty, Iowa to those set forth in the Municipal Code for the RS-6 Residential District. After discussion, the vote was: ayes – Pollock, Hoffman, Harrington, Madsen; nays – none. Motion carried.

Dog Park Vacation

Madsen moved, Hoffman seconded to approve the second consideration of Ordinance Number 2019-16, An Ordinance vacating a portion of Right of Way in North Liberty, Iowa.  The vote was: ayes – Hoffman, Pollock, Harrington, Madsen; nays – none. Motion carried.

Animal Code Ordinance Amendments

Chief Venenga presented information regarding the Animal Code Ordinance amendment. Mayor Donahue opened the Public Hearing regarding proposed amendments to the Animal Control Code at 7:18 p.m.  Amy Holcomb, 184 Golfview Court, spoke regarding the community cat component.  Megan Johnson, 1537 Burr Drive, thanked council for considering this.  Preston Moore, Iowa State Director of the Humane Society, offered support for the community cat ordinance. Charisma Tandy, Walford, is a part of the Community Cat League that supports community cat caregivers offered her thanks for putting the ordinance together.  Andrew Brown, 647 Molly Drive, spoke regarding dogs doing their business wherever and owners not picking up. He also spoke about the issue of dogs hanging out driver’s side window. The public hearing was closed at 7:25 p.m.

Pollock moved, Madsen seconded to approve the first consideration of Ordinance Number 2019-15, An Ordinance amending the Code of Ordinances of the City of North Liberty, Iowa, updating portions of the Animal Control Code. After discussion, the vote was: ayes – Pollock, Madsen, Hoffman, Harrington; nays – none. Motion carried.

Old Business

No old business was presented.

New Business

Councilor Pollock reported that Blues and BBQ is Saturday, July 13. Councilor Hoffman needs a sub for the MPOJC meeting tomorrow.

Adjournment

At   7:27 p.m.  Mayor Donahue adjourned the meeting.

Videos

Attachments

Information Packet Goodwill slides
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