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City Council on April 12, 2022

Agenda

6:30 p.m., Regular Session
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, March 22, 2022
    2. City Council Minutes, Special Session, March 23, 2022
    3. Claims
    4. Liquor License Renewal, Smokin’ Joes
    5. Liquor License Renewal, The Depot
    6. Liquor License Application, Revitalize U
    7. Ranshaw Way Phase 5 Project, Change Order Number 8, PCI, $4,100
    8. Ranshaw Way Phase 5 Project, Pay Application Number 11, PCI, $69,104.80
  5. Public Comment
  6. City Engineer Report
  7. City Administrator Report
  8. Mayor Report
    1. Proclamation of Housing Trust Fund Week
  9. Council Reports
  10. Archies Brake and Lube Site Plan
    1. Staff and Commission recommendations
    2. Applicant presentation
    3. Resolution Number 2022-29, A Resolution approving the Development Site Plan for Lot 2 Liberty Centre – Part One, North Liberty, Iowa
  11. Forevergreen Estates
    1. Staff and Commission recommendations
    2. Applicant presentation
    3. Resolution Number 2022-30, A Resolution approving the Preliminary Plat for Forevergreen Estates, North Liberty, Iowa
  12. Colony Annexation
    1. Resolution Number 2022-08, A Resolution approving annexation of certain property to the City of North Liberty
    2. Resolution Number 2022-09, A Resolution approving the Wildlife Conservation and Depredation Agreement between the City of North Liberty, Colony 1927, LLC
  13. CMW Properties, LLC Annexation
    1. Resolution Number 2022-31, A Resolution approving annexation of certain property to the City of North Liberty
  14. Commercial Drive Extension
    1. Resolution Number 2022-32, A Resolution relating to the financing of certain proposed projects to be undertaken by the City of North Liberty, Iowa; establishing compliance with Reimbursement Bond Regulations under the Internal Revenue Code
  15. Jones Boulevard Extension Project
    1. Public Hearing regarding proposed plans, specifications, and estimate of cost
    2. Resolution Number 2022-33, A Resolution finally approving and confirming plans, specifications, and estimate of cost for the Jones Boulevard Extension Project
  16. Waste Water Treatment Plant Facility Plan Update
    1. Resolution Number 2022-34, A Resolution approving Task Order Number 7037.011 between the City of North Liberty and Fox Strand Engineering for the 2022 Wastewater Treatment Plant Facility Plan
  17. Goose Lake Owner’s Association Agreement
    1. Resolution Number 2022-35, A Resolution approving the Indemnification Agreement and Consent between the City of North Liberty and Goose Lake Estates Condominiums Owners Association, Inc.
  18. Zoning Ordinance Amendment
    1. Public Hearing regarding proposed Zoning Ordinance amendments
    2. First consideration of Ordinance Number 2022-09, An Ordinance amending Section 167.01 regarding the definition of “Masonry, Required”, Section 168.07(27)(9) regarding design standards for attached garages and Sections 168.07(76) and 168.07(77) correcting scrivener’s errors
  19. Solomon Holdings, LLC
    1. Third consideration and adoption of Ordinance Number 2022-07, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by amending the use regulations on property located on the north side of West Penn Street west of North Jones Boulevard as extended northerly from West Penn Street to 240th Street located in North Liberty, Iowa to those set forth in the Municipal Code for the RS-9 Single-Unit Residence District, RM-21 Multiple-Unit Residence District and C-2-A Highway Commercial District
    2. Staff and Commission recommendation regarding the preliminary plat
    3. Applicant presentation
    4. Resolution Number 2022-36, A Resolution approving the Preliminary Plat for Solomon’s Landing, North Liberty, Iowa
    5. Staff and Commission recommendation regarding The Emory Site Plan
    6. Applicant presentation
    7. Resolution Number 2022-37, A Resolution approving the Development Site Plan for Solomon’s Landing Apartments, North Liberty, Iowa
  20. Nicotine Product Free Places
    1. Third consideration and adoption of Ordinance Number 2022-06, An Ordinance Amending Chapter 49 of the North Liberty Code of Ordinances to prohibit Nicotine Products in Parks and on Trails
  21. Matnic Rezoning
    1. Second consideration of Ordinance Number 2022-08, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by amending the use regulations on property located at 10 Jaro Way located in North Liberty, Iowa to those set forth in the Municipal Code for the RM-21 Multiple-Unit Residential District
  22. Old Business
  23. New Business
  24. Adjournment

Minutes

City Council
April 12, 2022
Regular Session

Call to order
Mayor Chris Hoffman called the April 12, 2022 Regular Session of the North Liberty City Council
to order at 6:30 p.m. Councilors present: Ashley Bermel, RaQuishia Harrington, Erek Sittig, Brent
Smith, Brian Wayson; absent –none.

Others present: Ryan Heiar, Tracey Mulcahey, Ryan Rusnak, Kevin Trom, Grant Lientz, Kirsten
Frey, Mike Bails, Drew Lammers, Dean Colony, Katie Colony, Steve Troyer and other interested
parties.

Approval of the Agenda
Harrington moved; Smith seconded to approve the agenda. The vote was all ayes. Agenda
approved.

Consent Agenda
Smith moved, Harrington seconded to approve the Consent Agenda including the City Council
Minutes from the Regular Session on March 22, 2022; City Council Minutes from the Special
Session on March 23, 2022; the attached list of Claims; the Liquor License Renewal for Smokin’
Joes; the Liquor License Renewal for The Depot; the Liquor License Application for Revitalize U;
Ranshaw Way Phase 5 Project, Change Order Number 8, PCI, $4,100; and Ranshaw Way Phase 5
Project, Pay Application Number 11, PCI, $69,104.80. The vote was all ayes. Consent Agenda
approved.

Public Comment
No public comment was offered.

City Engineer Report
City Engineer Trom reported that the contractor working on the Ranshaw Way Phase 5 project is
working along the sides of the road and in the medians. Dubuque Street Phase 1 project is
progressing with storm water improvement work. A change order will be coming for an
underground box culvert that was an unexpected find. The Jones Boulevard extension project
bid opening is April 19 with the award coming to Council at the next meeting. The Community
Center Roof Project award will be on the next agenda, as well. The Community Center Facility
Plan will be submitted to City staff next week for review.

City Administrator Report
City Administrator Heiar reminded Council that Monday is the Joint Government meeting. An
ARPA work session is planned in May. Heiar is having conversations with organizations to bring
information to the meeting.

Mayor Report
Hoffman thanked all the staff for all their weekend work in past few weeks and overall. Mayor
Hoffman proclaimed April 22-28 as Housing Trust Fund Week. Kirsten Frey, HTFJC Board
member, was present and offered additional information on affordable housing in North Liberty
and Johnson County.

Council Reports
Councilor Harrington attended the Better Together 2030 Visioning Steering Committee. The
Committee is finalizing initiatives. Councilor Wayson reported on Muddy Creek Clean Up Day.
Councilor Smith reported on Penn Meadows Park baseball field clean-up day. Councilor Bermel
reported on a film at Film Scene on April 28 featuring a North Liberty community. Councilor Sittig
and Councilor Wayson attended the MPOJC meeting. The MPOJC discussed the proposed
federal money swap and alternative uses of CRANDIC right of way other than railroad use.

Archies Brake and Lube Site Plan
Rusnak presented information on the site plan and the staff and Commission recommendations.
The Planning Commission recommended approval with no conditions.
Adrienne Bricker, Axiom Consultants, was present on behalf of the applicant and offered to
answer questions.
Harrington moved, Wayson seconded to approve Resolution Number 2022-29, A Resolution
approving the Development Site Plan for Lot 2 Liberty Centre – Part One, North Liberty, Iowa.
After discussion, the vote was: ayes – Smith, Wayson, Bermel, Harrington, Sittig; nays – none.
Motion carried.

Forevergreen Estates
Rusnak presented information on the application and the staff and Commission
recommendations. The Commission recommended approval with two conditions, one of which
has been met. Chris Thompson, MMS Consultants, was present on behalf of the applicant and offered to answer
any questions regarding the application. Council discussed the application.
Smith moved, Sittig seconded to approve Resolution Number 2022-30, A Resolution approving
the Preliminary Plat for Forevergreen Estates, North Liberty, Iowa. After discussion, the vote was:
ayes – Wayson, Smith, Sittig, Harrington; nays – none; abstain – Bermel. Motion carried.

Colony Annexation
Rusnak presented information on the application. Smith moved, Sittig seconded to approve
Resolution Number 2022-08, A Resolution approving annexation of certain property to the City
of North Liberty. After discussion, the vote was: ayes – Smith, Wayson, Sittig, Bermel, Harrington;
nays – none. Motion carried.

Lientz presented information on the agreement. Harrington moved, Bermel seconded to approve
Resolution Number 2022-09, A Resolution approving the Wildlife Conservation and Depredation
Agreement between the City of North Liberty and Colony 1927, LLC. After discussion, the vote
was: ayes – Harrington, Bermel, Sittig, Wayson, Smith; nays – none. Motion carried.

CMW Properties, LLC Annexation
Rusnak presented information on the application. Bermel moved, Sittig seconded to approve
Resolution Number 2022-31, A Resolution approving annexation of certain property to the City of
North Liberty. After discussion, the vote was: ayes – Harrington, Sittig, Smith, Wayson, Bermel;
nays – none. Motion carried.

Commercial Drive Extension
Harrington moved, Wayson seconded to approve Resolution Number 2022-32, A Resolution
relating to the financing of certain proposed projects to be undertaken by the City of North
Liberty, Iowa; establishing compliance with Reimbursement Bond Regulations under the Internal
Revenue Code. After discussion, the vote was: ayes – Wayson, Smith, Sittig, Harrington, Bermel;
nays – none. Motion carried.

Jones Boulevard Extension Project
At 7:07 p.m., Mayor Hoffman opened the Public Hearing regarding proposed plans, specifications,
and estimate of cost. No oral or written comments were received. The public hearing was closed.
Harrington moved, Wayson seconded to approve Resolution Number 2022-33, A Resolution
finally approving and confirming plans, specifications, and estimate of cost for the Jones
Boulevard Extension Project. After discussion, the vote was: ayes – Bermel, Sittig, Harrington,
Wayson, Smith; nays – none. Motion carried.

Waste Water Treatment Plant Facility Plan Update
Bermel moved, Sittig seconded to approve Resolution Number 2022-34, A Resolution approving
Task Order Number 7037.011 between the City of North Liberty and Fox Strand Engineering for
the 2022 Wastewater Treatment Plant Facility Plan. After discussion, the vote was: ayes –
Harrington, Sittig, Smith, Bermel, Wayson; nays – none. Motion carried.

Goose Lake Owner’s Association Agreement
Smith moved, Harrington seconded to approve Resolution Number 2022-35, A Resolution
approving the Indemnification Agreement and Consent between the City of North Liberty and
Goose Lake Estates Condominiums Owners Association, Inc. The vote was: ayes – Harrington,
Wayson, Sittig, Smith, Bermel; nays – none. Motion carried.

Zoning Ordinance Amendment
At 7:15 p.m., Mayor Hoffman opened the Public Hearing regarding proposed Zoning Ordinance
amendments. No oral or written comments were received. The public hearing was closed.

Harrington moved, Sittig seconded to approve the first consideration of Ordinance Number
2022-09, An Ordinance amending Section 167.01 regarding the definition of “Masonry, Required”,
Section 168.07(27)(9) regarding design standards for attached garages and Sections 168.07(76)
and 168.07(77) correcting scrivener’s errors. The vote was: ayes – Sittig, Bermel, Harrington,
Smith, Wayson; nays – none. Motion carried.

Solomon Holdings, LLC
Bermel moved, Smith seconded to approve the third consideration and adoption of Ordinance
Number 2022-07, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances
by amending the use regulations on property located on the north side of West Penn Street west
of North Jones Boulevard as extended northerly from West Penn Street to 240th Street located
in North Liberty, Iowa to those set forth in the Municipal Code for the RS-9 Single-Unit Residence
District, RM-21 Multiple-Unit Residence District and C-2-A Highway Commercial District. After
discussion, the vote was: ayes – Smith, Sittig, Bermel, Harrington, Wayson; nays – none. Motion
carried.

Rusnak presented information on the plat and the site plan and the staff and Commission
recommendations the preliminary plat. The Planning Commission recommended approval of the
preliminary plat with three conditions. Council discussed the applications with Rusnak.
Brandon Pratt, the applicant, was present and offered to additional information and offered to
answer any questions regarding the applications.
Harrington moved, Wayson seconded to approve Resolution Number 2022-36, A Resolution
approving the Preliminary Plat for Solomon’s Landing, North Liberty, Iowa. The vote was: ayes –
Bermel, Smith, Sittig, Wayson, Harrington; nays – none. Motion carried.
Rusnak presented additional information on the application. The Planning Commission
recommended approval of The Emory Site Plan with one condition.
Zach Ludwig, Insite Construction & Haverkamp Properties, was present on behalf of the applicant
and offered to answer questions.
Harrington moved, Bermel seconded to approve Resolution Number 2022-37, A Resolution
approving the Development Site Plan for Solomon’s Landing Apartments, North Liberty, Iowa.
The vote was: ayes – Harrington, Smith, Sittig, Bermel, Wayson; nays – none. Motion carried.

Nicotine Product Free Places
Sittig moved, Wayson seconded to approve the third consideration and adoption of Ordinance
Number 2022-06, An Ordinance Amending Chapter 49 of the North Liberty Code of Ordinances
to prohibit Nicotine Products in Parks and on Trails. After discussion, the vote was: ayes – Wayson,
Smith, Harrington, Sittig, Bermel; nays – none. Motion carried.

Matnic Rezoning
Harrington moved, Wayson seconded to approve the second consideration of Ordinance Number
2022-08, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by
amending the use regulations on property located at 10 Jaro Way located in North Liberty, Iowa
to those set forth in the Municipal Code for the RM-21 Multiple-Unit Residential District. After
discussion, the vote was: ayes – Harrington, Smith, Sittig, Wayson, Bermel; nays – none. Motion
carried.

Old Business
No old business was presented.

New Business
Councilor Sittig spoke regarding the Long-Range Transportation Plan that was presented at the
MPOJC meeting. He encouraged all to review the plan. Mayor requested a presentation of the
plan to the Council. Staff will reach out to the MPOJC. Councilor Bermel asked about
conversation with the school district about adding a significant number of units in their district.
Councilor Wayson reported on the CRANDIC marathon coming through North Liberty on April 24.
Rusnak reported that the Comprehensive Plan consultants are coming in next week for
community design workshops. On April 21, the workshops will be held at 11:30 a.m. and 5:30 p.m.

Adjournment
Harrington moved, Wayson seconded to adjourn at 7:36 p.m. The vote was all ayes. Meeting adjourned.

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