City Council meeting on July 26, 2022
Agenda
6:30 p.m. Regular Session, Council Chambers, 1 Quail Creek Circle
- Call to order
- Roll call
- Approval of the Agenda
- Consent Agenda
- City Council Minutes, Regular Session, July 12, 2022
- Claims
- Liquor License Renewal, Smokin’ Joes
- Liquor License Renewal, Casey’s #2788
- Dubuque Street Phase 1 Project, Pay Application Number 4, All American Concrete, Inc., $228,082.75
- Ranshaw Way Phase 5 Project, Change Order Number 12, Peterson Contractors, Inc., $2,909.50
- Ranshaw Way Phase 5 Project, Pay Application Number 18, Peterson Contractors, Inc., $210,885.28
- Public Comment
- City Engineer Report
- City Administrator Report
- Mayor Report
- Council Reports
- Solomon’s Landing
- Resolution Number 2022-66, A Resolution modifying conditions for the Preliminary Plat for Solomon’s Landing, North Liberty, Iowa
- 2022A Bond Sale
- Resolution Number 2022-77, A Resolution authorizing and approving a Loan Agreement, providing for the sale and issuance of General Obligation Corporate Purpose Bonds, Series 2022A, and providing for the levy of taxes to pay the same
- West Side Fire Station Project
- Public Hearing regarding proposed West Side Fire Station Project
- Resolution Number 2022-78, A Resolution of Approval to Proceed with a Public Improvement, the West Side Fire Station Project
- North Side Park
- Public Hearing regarding proposed North Side Community Park Project
- Resolution Number 2022-79, A Resolution of Approval to Proceed with a Public Improvement, the North Side Community Park Project
- Employee Handbook
- Resolution Number 2022-80, A Resolution approving the Updated Employee Handbook
- DOT Drug and Alcohol Policy
- Resolution Number 2022-81, A Resolution approving the DOT Drug and Alcohol Policy
- Surplus Property Disposal Policy
- Resolution Number 2022-82, Approving the Surplus Property Disposal Policy
- Assessment Resolution
- Resolution Number 2022-83, A Resolution assessing delinquent amounts owed to the City of North Liberty, Iowa to individual property taxes
- Buck Moon Preliminary Plat
- Staff & Commission recommendations
- Applicant presentation
- Resolution Number 2022-84, A Resolution approving the Preliminary Plat for Buck Moon Villas, North Liberty, Iowa
- Mickelson Rezoning
- Public Hearing regarding proposed rezoning application
- Staff and Commission recommendations
- Applicant presentation
- First consideration of Ordinance Number 2022-16, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by amending use regulations on property located in North Liberty, Iowa to those set forth in the Municipal Code for the RS-9 Single-Unit Residence District and RD-10 Two-Unit Residence District
- CMW Properties Rezoning
- Public Hearing regarding proposed rezoning application
- Staff and Commission recommendations
- Applicant presentation
- First consideration of Ordinance Number 2022-17, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by amending the use regulations on property located in North Liberty, Iowa to those set forth in North Liberty, Iowa to those set forth in the Municipal Code for the C-3 Higher-Intensity Commercial District
- Scanlon and Trustees of Penn Township Rezoning
- Public Hearing regarding proposed rezoning application
- Staff and Commission recommendations
- Applicant presentation
- First consideration of Ordinance Number 2022-18, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by amending the use regulations on property located in North Liberty, Iowa to those set forth in the Municipal Code for the RS-4 Single-Unit Residence District
- ITC Midwest Franchise
- Public Hearing regarding proposed franchise with ITC Midwest
- First consideration of Ordinance Number 2022-19, An Ordinance granting to ITC Midwest LLC, a wholly owned subsidiary of ITF Holdings Corp., its successors and assigns (The “Company”), the right and franchise to acquire, construct, reconstruct, erect, maintain, operate and remove in the City of North Liberty, Johnson County, Iowa, a transmission system for electric Power and Energy and the right to erect and maintain the necessary poles, lines, wires, conduits and other appliances, equipment and substations for the transmission of electric current and telecommunications along, under and upon the streets, avenues, alleys and public places in the City of North Liberty, Johnson County, Iowa, for the period of ten (10) years; and granting the right of eminent domain
- Zoning Ordinance Amendment
- Public Hearing regarding proposed ordinance amendments
- First consideration of Ordinance Number 2022-20, An Ordinance amending Chapters 165, 168, 169, and 180 of the North Liberty Code of Ordinances regarding the Construction Plan Approval Process and Standards, Surface and Subsurface Drainage Requirements, Restoring Building Trades and Services to Use Matrix and adding and relocating certain uses within the Use Matrix, clarifying Landscaping Plan Requirements and amending Dumpster Enclosure Requirements
- Park Speed Limits
- Third consideration and adoption of Ordinance Number 2022-13, An Ordinance amending the Traffic Speed Regulations for Parks, Cemeteries and Parking Lots
- Closed Session
- Proposed Closed Session according to Iowa Code Section 21.5(1)(j) To discuss the purchase of particular real estate where premature disclosure could be reasonably expected to increase the price the governmental body would receive for that property
- Old Business
- New Business
- Adjournment
Minutes
City Council
July 26, 2022
Regular Session
Call to order
Mayor Chris Hoffman called the July 26, 2022, Regular Session of the North Liberty City Council to order at 6:30 p.m. Councilors present: Ashley Bermel, RaQuishia Harrington, Erek Sittig, Brian Wayson; absent: Brent Smith.
Others present: Ryan Heiar, Grant Lientz, Ryan Rusnak, Kevin Trom, Mary Byers, Tionna Pooler, Molly Parker, Harold Cameron, Brad Cummings, Jon Marner, Guy Goldsmith and other interested parties.
Approval of the Agenda
Harrington moved, seconded by Wayson to approve the agenda. The vote was all ayes. Agenda approved.
Consent Agenda
Harrington moved, seconded by Wayson to approve the Consent Agenda including the City Council Minutes, Regular Session, July 12, 2022; Claims; Liquor License Renewal, Smokin’ Joes; Liquor License Renewal, Casey’s #2788; Dubuque Street Phase 1 Project, Pay Application Number 4, All American Concrete, Inc., $228,082.75; Ranshaw Way Phase 5 Project, Change Order Number 12, Peterson Contractors, Inc., $2,909.50; Ranshaw Way Phase 5 Project, Pay Application Number 18, Peterson Contractors, Inc., $210,885.28. The vote was all ayes. Consent agenda approved.
Public Comment
No public comment was offered.
City Engineer Report
City Engineer Trom reported on the progress of the Dubuque Street Phase 1 Project. Trom reported that the Plans and Specifications will be released for the City Hall Project on August 2, the prebid meeting is August 16, the Public Hearing is August 23, the Bid Opening is August 30 and bids will be considered by Council on September 13. Trom updated the Council on the Centennial Park concept plan for the event structure and splash pad.
City Administrator Report
Ryan Heiar report that the International City Managers Association has recognize North Liberty’s Ambassadors program and the city will receive a Community Partnership Award in September.
Mayor Report
Hoffman thanked Mayor Pro Tem, Brian Wayson for filling in for him at the July 12, 2022, Council meeting. Hoffman thanked South Slope Cooperative for completing their project of getting fiber optic lines to all North Liberty homes.
Council Reports
Harrington, Sittig, and Bermel attended a joint government meeting with Iowa City, Coralville and North Liberty. Wayson attended the MPO meeting this month. Sittig congratulated all the North Liberty kids that had participated at the Johnson County Fair.
Solomon’s Landing
Sittig moved, seconded by Wayson to approve Resolution Number 2022-66, A Resolution modifying conditions for the Preliminary Plat for Solomon’s Landing, North Liberty, Iowa. After discussion, the vote was: ayes—Bermel, Harrington, Sittig, Wayson; nays—none; absent—Smith.
2022A Bond Sale
Tionna Pooler, Independent Public Advisors, reviewed the results with the Council on the bond sale and recommended awarding the bid to Robert W Baird.
Harrington moved, seconded by Wayson to approve Resolution Number 2022-77, A Resolution authorizing and approving a Loan Agreement, providing for the sale and issuance of General Obligation Corporate Purpose Bonds, Series 2022A, and providing for the levy of taxes to pay the same. The vote was: ayes–Harrington, Sittig, Wayson, Bermel; nays—none; absent—Smith. Motion carried.
West Side Fire Station Project
The public hearing regarding proposed West Side Fire Station Project was opened at 6:45p.m. Harold Cameron, the owner of the proposed site, challenged City Staff on selecting his property of approximately four acres. The public hearing was closed at 7:10 p.m.
Harrington moved, seconded by Wayson, to approve Resolution Number 2022-78, A Resolution of Approval to Proceed with a Public Improvement, the West Side Fire Station Project. After discussion, the vote was: ayes–Sittig, Bermel, Harrington, Wayson; nays—none; absent—Smith. Motion carried.
North Side Park
The public Hearing regarding proposed North Side Community Park Project was opened was opened at 7:10 pm. Molly Parker, Shuttleworth and Ingersoll, P.L.C, addressed the Council on the proposed site of the park and asked the Council to consider tabling this item for two month. Parker represents two of the members of the entity which owns of the property, but not the entity itself. Parker stated they would like to talk to the city informally about the location and the significant commercial potential of this property located near Ranshaw Way. The public hearing was closed at 7:20 p.m.
Sittig moved, seconded by Harrington to approve Resolution Number 2022-79, A Resolution of Approval to Proceed with a Public Improvement, the North Side Community Park Project. After discussion, the vote was: ayes–Wayson, Bermel, Sittig, Harrington; nays—none; absent—Smith. Motion carried.
Employee Handbook
Harrington moved, seconded by Sittig to approve Resolution Number 2022-80, A Resolution approving the Updated Employee Handbook. The vote was: ayes– Bermel, Wayson, Harrington, Sittig; nays—none; absent—Smith. Motion carried.
DOT Drug and Alcohol Policy
Wayson moved, seconded by Bermel to approve Resolution Number 2022-81, A Resolution approving the DOT Drug and Alcohol Policy. The vote was: ayes –Sittig, Wayson, Bermel, Harrington; nays—none; absent—Smith. Motion carried.
Surplus Property Disposal Policy
Harrington moved, seconded by Sittig to approve Resolution Number 2022-82, A Resolution Approving the Surplus Property Disposal Policy. The vote was: ayes–Harrington, Sittig, Bermel, Wayson; nays—none; absent—Smith. Motion carried.
Assessment Resolution
Harrington moved, seconded by Wayson, to approve Resolution Number 2022-83, A Resolution assessing delinquent amounts owed to the City of North Liberty, Iowa to individual property taxes. The vote was: ayes–Wayson, Harrington, Sittig, Bermel; nays-none; absent—Smith. Motion carried.
Buck Moon Preliminary Plat
Rusnak presented the Preliminary Plat to the Council. Staff and the Planning Commission recommend approval.
Brad Cummins was available for questions on behalf of the applicant.
Wayson moved, seconded by Harrington to approve Resolution Number 2022-84, A Resolution approving the Preliminary Plat for Buck Moon Villas, North Liberty, Iowa. The vote was: ayes–Bermel, Wayson, Harrington, Sittig; nays—none; absent—Smith. Motion carried.
Mickelson Rezoning
The public hearing regarding proposed rezoning application was opened at 7:40 p.m. No oral comments were received at the Council Meeting. Eight written complaints were received by City Staff. The public hearing was closed.
Rusnak presented the request with the RS-9 proposed zone which is a higher density zone. Staff has been seeing denser development requests due to the increase in construction costs and interest rates. A good neighbor meeting was held on May 12 and there were objections expressed at the meeting. The objections pertained to wanting the RS-6 zoned in this area to maintain a homogeneous neighborhood and concerns of increased traffic due to the additional home sites that the RS-9 would allow. The Planning Commission recommended approval with one Commissioner voting no due to the inclusion of two-unit homes lots.
Jon Marner, MMS Consultants, addressed the Council on the RS-9 rezoning request and agreed with the comments from City Planner Rusnak.
Wayson moved, seconded by Bermel to amend the First consideration of Ordinance Number 2022-16, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by amending use regulations on property located in North Liberty, Iowa to those set forth in the Municipal Code to remove the proposed RS-9 Single-Unit Residence District. The vote was—ayes-Bermel, Wayson, Harrington; nays—Sittig; absent—Smith. Motion carried.
Wayson moved, seconded by Bermel to approve the First consideration of Ordinance Number 2022-16, as amended, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by amending use regulation of the property located in North Liberty, Iowa to those set forth in the Municipal Code for the RS-6 Single-Unit Residence District and RD-10 Two-Unit Residential District. The vote was- ayes—Bermel, Wayson, Harrington; nays—Sittig; absent—Smith. Motion carried.
CMW Properties Rezoning
The public hearing regarding the proposed rezoning application was open at 7:55 p.m. There were no oral or written comments received. The public hearing was closed.
Rusnak presented the information on the rezoning and the staff and Commission recommendations. A Good Neighbor Meeting was held on June 15 and no one outside City Staff and the applicant attended. The Planning Commission recommended approval.
Mike Welch, Welsh Design and Development, was available for questions from the Council.
Wayson moved, seconded by Bermel to approve the first consideration of Ordinance Number 2022-17, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by amending the use regulations on property located in North Liberty, Iowa to those set forth in North Liberty, Iowa to those set forth in the Municipal Code for the C-3 Higher-Intensity Commercial District. The vote was: ayes–Sittig, Wayson, Harrington, Bermel; nays—none; absent—Smith. Motion carried.
Scanlon and Trustees of Penn Township Rezoning
The public hearing regarding proposed rezoning application was opened at 7:55 p.m. There were no oral or written comments received. The public hearing was closed.
Rusnak presented the information on the rezoning and the staff and Commission recommendations. A Good Neighbor Meeting was held on June 15 and there were objections expressed about the stormwater runoff and the use of Oak Lane NE, which would remain a private street in unincorporated Johnson County. Planning Commission recommended approval of the rezoning.
Harrington moved, seconded by Sittig to approve the First consideration of Ordinance Number 2022-18, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by amending the use regulations on property located in North Liberty, Iowa to those set forth in the Municipal Code for the RS-4 Single-Unit Residence District. The vote was: ayes–Wayson, Bermel, Harrington, Sittig; nays—none; absent—Smith. Motion carried.
ITC Midwest Franchise
The public hearing regarding proposed franchise with ITC Midwest was opened at 8:00 p.m. There were no oral or written comments received. The public hearing was closed.
Harrington moved, seconded by Sittig, to approve the first consideration of Ordinance Number 2022-19, An Ordinance granting to ITC Midwest LLC, a wholly owned subsidiary of ITC Holdings Corp., its successors and assigns (The “Company”), the right and franchise to acquire, construct, reconstruct, erect, maintain, operate and remove in the City of North Liberty, Johnson County, Iowa, a transmission system for electric Power and Energy and the right to erect and maintain the necessary poles, lines, wires, conduits and other appliances, equipment and substations for the transmission of electric current and telecommunications along, under and upon the streets, avenues, alleys and public places in the City of North Liberty, Johnson County, Iowa, for the period of ten (10) years; and granting the right of eminent domain. The vote was: ayes–Harrington, Wayson, Sittig, Bermel; nays-none; absent—Smith. Motion carried.
Zoning Ordinance Amendment
The public hearing regarding proposed ordinance amendments was opened at 8:05 p.m. There were no oral or written comments received. The public hearing was closed.
Harrington moved, seconded by Wayson, to approve the first consideration of Ordinance Number 2022-20, An Ordinance amending Chapters 165, 168, 169, and 180 of the North Liberty Code of Ordinances regarding the Construction Plan Approval Process and Standards, Surface and Subsurface Drainage Requirements, Restoring Building Trades and Services to Use Matrix and adding and relocating certain uses within the Use Matrix, clarifying Landscaping Plan Requirements and amending Dumpster Enclosure Requirements. The vote was: ayes–Bermel, Harrington, Wayson, Sittig: nays—none; absent—Smith. Motion carried.
Park Speed Limits
Harrington moved, seconded by Sittig, to approve the Third consideration and adoption of Ordinance Number 2022-13, An Ordinance amending the Traffic Speed Regulations for Parks, Cemeteries and Parking Lots. The vote was: Wayson, Sittig, Harrington, Bermel; nays—none; absent—Smith. Motion carried.
Closed Session
At 8:07 p.m. Sittig moved, and Wayson seconded, to enter in to Proposed Closed Session according to Iowa Code Section 21.5(1)(j) To discuss the purchase of real estate 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—Wayson, Sittig, Harrington, Bermel; nays—none; absent—Smith. Motion carried.
At 8:25 pm Sittig moved, seconded by Harrington to return to open session. The vote was—ayes—Wayson, Sittig, Harrington, Bermel; nays—none; absent—Smith. Motion carried.
Old Business
No old business was offered.
New Business
No new business was offered.
Adjournment
Bermel moved, seconded by Sittig, to adjourn at 8:30 p.m. The vote was all ayes. Meeting was adjourned.
CITY OF NORTH LIBERTY
By: ______________________________
Chris Hoffman, Mayor
Attest: ___________________________
Mary Byers, Deputy Clerk
