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City Council on August 10, 2021

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, July 27, 2021
    2. Claims
    3. Liquor License Renewal, Sushiya
    4. Liquor License Renewal, Liberty View Wine & Spirits
  5. Public Comment
  6. City Engineer Report
  7. City Administrator Report
  8. Mayor Report
  9. CDBG Housing Sustainability (Housing Rehab) Application
    1. Public Hearing regarding the City’s application for Housing Sustainability Grant Funds
    2. Resolution Number 2021-76, A Resolution awarding Community Development Block Grant (CDBG) Housing Rehabilitation Technical Services Contract upon notification of a Housing Sustainability Grant Award
    3. Resolution Number 2021-77, A Resolution authorizing and directing the Mayor to sign, execute and submit an application and associated documents for funding the Community Development Block Grant (CDBG) Housing Sustainability Program
  10. Board of Adjustment Appointments
    1. Affirming Mayor’s appointments to the Board of Adjustment
  11. Solum Lang Architects, LLC Site Plan
    1. Staff and Planning Commission recommendations
    2. Applicant presentation
    3. Resolution Number 2021-78 A Resolution approving the Development Site Plan for Lot 24, Corridor Commercial Subdivision – Part Two A, North Liberty, Iowa
  12. Urban Renewal Plan Amendment
    1. Public Hearing regarding proposed Urban Renewal Plan Amendment
    2. Resolution Number 2021-79, A Resolution to declare necessity and establish an Urban Renewal Area, pursuant to Section 403.4 of the Code of Iowa and approve Urban Renewal Plan Amendment for the North Liberty Urban Renewal Area
  13. 5 E. Cherry Street
    1. Public Hearing regarding proposed disposal of property
    2. Resolution Number 2021-80, A Resolution authorizing the acceptance of Purchase Offer received for the real property situated at 5 E. Cherry Street
  14. Lot C, Beaver Kreek Third Addition
    1. Public Hearing regarding proposed disposal of property
    2. Resolution Number 2021-81, A Resolution authoring the acceptance of Purchase Offer received for the real property at Lot C, Beaver Kreek Third Addition
  15. City Hall Project
    1. Resolution Number 2021-82, A Resolution approving Services Agreement Amendment between the City of North Liberty and Shive-Hattery, Inc. for the City Hall Project
  16. The Preserve Part Two A
    1. Resolution Number 2021-83, A Resolution approving the Developer’s Agreement for The Preserve – Part Two A
  17. Hate Crime Ordinance
    1. Discussion and possible action
  18. Recordation Ordinance
    1. Public Hearing regarding proposed amendments to the Recordation Ordinance
    2. First consideration of Ordinance Number 2021-14, An Ordinance amending the recordation requirements of final subdivision plat documents in Chapter 180 of the North Liberty Code of Ordinances
  19. JT Properties Rezoning
    1. Second consideration of Ordinance Number 2021-13, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by amending the use regulations on property located at the southwest corner of Highway 965 and 240th Street located in North Liberty, Iowa to those set forth in the Municipal Code for the C-2A Highway Commercial District
  20. Old Business
  21. New Business
  22. Adjournment

Minutes

City Council
August 10, 2021
Regular Session
Call to order

Mayor Pro Tem Chris Hoffman called the August 10, 2021 Regular Session of the North Liberty
City Council to order at 6:30 p.m.

Councilors present: RaQuishia Harrington, Chris Hoffman, Annie
Pollock, Brent Smith, Brian Wayson; absent –Mayor Terry Donahue.
Others present: Ryan Heiar, Tracey Mulcahey, Grant Lientz, Ryan Rusnak, Kevin Trom, Tracey
Achenbach, Paul Park and other interested parties.

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

Consent Agenda
Pollock moved, Wayson seconded to approve the Consent Agenda including the City Council
Minutes, Regular Session of July 27, 2021, the attached list of claims, Sushiya License Renewal, and
Liberty View Wine and Spirits Liquor License Renewal. The vote was all ayes. Consent Agenda
approved.

Public Comment
No public comment was offered.

City Engineer Report
City Engineer Trom reported that the Southwest Growth Utility Project is close to completion.
Shive-Hattery is working on the schematic designs of the City Hall Project form staff review on
September 3. The Forevergreen Road Trail Project preconstruction meeting was held yesterday.
Work will begin on October 11. Completion date is November 1. To begin the Centennial Park Loop
Road Project, the notice of award has been issued, but the signed contract documents have not
been returned. The preconstruction meeting is next week with a start later this month. Ranshaw
Way Phase 5 is nearing completion of the current phase of paving. On August 30, the entire
roadway will be closing. There are 77 days in the contract allowed for the closure. Detours will
include Front Street and Jones Boulevard. Council discussed the report with Trom.

City Administrator Report
City Administrator Heiar reported that effective tomorrow, August 11, face coverings will be
required in all public buildings for staff and visitors. He announced that Tracey Mulcahey received
her Certified Municipal Clerk status today from the International Institute of Municipal Clerks.

CDBG Housing Sustainability (Housing Rehab) Application
At 6:36 p.m., Mayor Pro Tem Hoffman opened the Public Hearing regarding the City’s application
for Housing Sustainability Grant Funds. Tracey Achenbach, ECICOG, reviewed the proposed
CDBG Housing Sustainability application activities for the City of North Liberty. How the need for
the proposed activity or project was identified. The City of North Liberty has determined that
housing rehabilitation funding assistance would be greatly beneficial in implementing its goal of
maintaining safe, livable, and affordable housing within the city. The Housing Trust Fund of
Johnson County (HTFJC) has an FHLB-funded owner-occupied rehabilitation grant, and while
that grant is available throughout the county, nearly half of the assisted homes are located in North
Liberty, demonstrating the need. The City has financially contributed to HTFJC for many years,
which indicates the importance the City has placed on affordable housing in the community – for
both the creation of new housing, as well as the preservation of existing housing. How the
proposed activity or project will be funded and the source of the funds. The owner-occupied
housing rehabilitation project will be funded with $207,495 in federal funds. The date the
Housing Fund application will be submitted. The application will be submitted online no later
than August 20, 2021, at 5:00 pm. Amount of federal funds to be requested. The amount of
federal funds to be requested is $207,495. Estimated portion of federal funds that will benefit
persons of low and moderate income. One hundred percent of the funds will benefit
households with incomes at or below 80 percent of the area’s median income level. Where the
proposed activity or project will be. The proposed activity will be located within the city limits of
City of North Liberty and outside of the 100-year floodplain. Plans to minimize displacement of
persons and businesses as a result of funded activities or projects. Due to the lead hazard
reduction activities required as a part of this program, homeowners may be temporarily relocated
from their homes as part of the project. Because the project is an exterior improvements
rehabilitation project, and the only interior work to be done will be lead hazard reduction activity,
displacement is not anticipated to occur often. If it does, a portion of the grant has been dedicated
to cover the costs associated with temporary displacement. The amount will be allocated as
necessary for each rehabilitation project. Plans to assist persons actually displaced. Those
owner-occupants who are required to be temporarily relocated will be asked to find housing that
is Lead Safe in which to be relocated until the rehabilitated home has passed clearance testing.
The City will pay up to three days of relocation expenses and reimburse the rest of the funds once
the full amount of days out of the project home is known. If the homeowner is to enter the home
during a period of relocation activity, funds will not be awarded or reimbursed. The nature of the
proposed activity or project. This project will provide for the exterior rehabilitation of five
owner-occupied homes and the voluntary relocation of these participants within city limits.
Exterior improvements will be completed, and any lead hazards identified in the interior of the
home will also be addressed. Rehabilitation activities include, but are not limited to, siding, gutters,
roofing, windows, and activities related to lead hazard reduction. Eligible households must meet
the State of Iowa’s Housing Fund income guidelines. The home to be rehabilitated must be the
occupant’s principal residence and be located outside of the 100-year floodplain, and property
insurance on the home is required. Maximum federal dollars to be spent per home for rehabilitation
costs is $24,999 plus an average of $6,000 per house for lead hazard reduction activities. The
federal funds utilized for rehabilitation will be secured by five-year forgivable loans.
Achenbach then requested comment from the elected officials and the general public on the
Community Development and Housing Needs Assessment. She requested input on the needs of
low-to-moderate income persons. The first need identified was for the rehabilitation of existing
housing in the community. In particular, for those homeowners in the community with lower
income in need of assistance to make their homes safer and more energy efficient. Other items
identified were: the need for additional food resources for the food pantry; and potentially the
need for additional funding to assure that children returning to school have the supplies they need.
Achenbach then requested input on other community development and housing needs in the
community, and the needs identified were: to increase resources, including clothing, for all those
in need; upgrade the trail system to increase accessibility, improve surfaces and increase safety;
and increase the availability of transit within the community. Achenbach then requested input on
planned or potential activities to address the community development and housing needs. The
City of North Liberty is currently applying for CDBG funds to assist lower income homeowners
with rehabilitation, expanding the food pantry to include clothing and other items people need,
and the City has developed a trail plan to address the needs identified.
Mayor Pro Tem requested additional input from the public and City Council, and there were no
written comments submitted prior to the meeting. The public hearing was closed at 6:51 p.m.
Harrington moved, Pollock seconded to approve Resolution Number 2021-76, A Resolution
awarding Community Development Block Grant (CDBG) Housing Rehabilitation Technical
Services Contract upon notification of a Housing Sustainability Grant Award. After discussion, the
vote was: ayes – Smith, Wayson, Pollock, Harrington, Hoffman; nays – none. Motion carried.
Pollock moved, Harrington seconded to approve Resolution Number 2021-77, A Resolution
authorizing and directing the Mayor to sign, execute and submit an application and associated
documents for funding the Community Development Block Grant (CDBG) Housing Sustainability
Program. The vote was: ayes – Wayson, Pollock, Hoffman, Harrington, Smith; nays – none. Motion
carried.

Board of Adjustment Appointments
Wayson moved, Smith seconded to affirm the Mayor’s appointments to the Board of Adjustment.
The vote was all ayes. Appointments approved.
Solum Lang Architects, LLC Site Plan
Heiar reported that Staff and Planning Commission recommend approval.
Kevin Coon, MMS Consultants, was present on behalf of the applicant and offered additional
information. Council discussed the application with Coon.
Harrington moved, Smith seconded to approve Resolution Number 2021-78 A Resolution
approving the Development Site Plan for Lot 24, Corridor Commercial Subdivision – Part Two A,
North Liberty, Iowa. After discussion, the vote was: ayes – Hoffman, Smith, Wayson, Pollock,
Harrington; nays – none. Motion carried.

Urban Renewal Plan Amendment
At 6:57 p.m., Mayor Pro Tem Hoffman opened the Public Hearing regarding proposed Urban
Renewal Plan Amendment. No oral or written comments were received. The public hearing was
closed at 6:58 p.m.
Wayson moved, Pollock seconded to approve Resolution Number 2021-79, A Resolution to
declare necessity and establish an Urban Renewal Area, pursuant to Section 403.4 of the Code of
Iowa and approve Urban Renewal Plan Amendment for the North Liberty Urban Renewal Area.
After discussion, the vote was: ayes – Hoffman, Harrington, Wayson, Smith, Pollock; nays – none.
Motion carried.

5 E. Cherry Street
Mayor Pro Tem Hoffman opened the Public Hearing regarding proposed disposal of property at
6:59 p.m. No oral or written comments were received. The public hearing was closed at 6:59 p.m.
Harrington moved, Wayson seconded to approve Resolution Number 2021-80, A Resolution
authorizing the acceptance of Purchase Offer received for the real property situated at 5 E.
Cherry Street. The vote was: ayes – Wayson, Harrington, Pollock, Hoffman, Smith; nays – none.
Motion carried.

Lot C, Beaver Kreek Third Addition
At 7:00 p.m., Mayor Pro Tem Hoffman opened the Public Hearing regarding proposed disposal of
property. No oral or written comments were received. The public hearing was closed at 7:00 p.m.
Smith moved, Harrington seconded to approve Resolution Number 2021-81, A Resolution
authoring the acceptance of Purchase Offer received for the real property at Lot C, Beaver Kreek
Third Addition. The vote was: ayes – Hoffman, Pollock, Smith, Harrington, Wayson; nays – none.
Motion carried.

City Hall Project
Wayson moved, Pollock seconded to approve Resolution Number 2021-82, A Resolution
approving Services Agreement Amendment between the City of North Liberty and ShiveHattery, Inc. for the City Hall Project. After discussion, the vote was: ayes – Harrington, Smith,
Pollock, Hoffman, Wayson; nays – none. Motion carried.

The Preserve Part Two A
Pollock moved, Smith seconded to approve Resolution Number 2021-83, A Resolution approving
the Developer’s Agreement for The Preserve – Part Two A. After discussion, the vote was: ayes –
Pollock, Harrington, Hoffman, Smith, Wayson; nays – none. Motion carried.

Hate Crime Ordinance
Council discussed the possibility of adopting a Hate Crime Ordinance. The consensus was to
move ahead with an ordinance with a resolution for the position statement.

Recordation Ordinance
Mayor Pro Tem Hoffman opened the Public Hearing regarding proposed amendments to the
Recordation Ordinance at 7:33 p.m. No oral or written comments were received. The public
hearing was closed at 7:33 p.m.
Wayson moved, Pollock seconded to approve the first consideration of Ordinance Number 2021-
14, An Ordinance amending the recordation requirements of final subdivision plat documents in
Chapter 180 of the North Liberty Code of Ordinances. The vote was: ayes – Wayson, Pollock,
Hoffman, Smith, Harrington; nays – none. Motion carried.

JT Properties Rezoning
Harrington moved, Smith seconded to approve the second consideration of Ordinance Number
2021-13, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by
amending the use regulations on property located at the southwest corner of Highway 965 and
240th Street located in North Liberty, Iowa to those set forth in the Municipal Code for the C-2A
Highway Commercial District. The vote was: ayes- Hoffman, Smith, Pollock, Wayson, Harrington;
nays – none. Motion carried.

Old Business
Councilor Smith spoke regarding the updated COVID-19 situation and asked that all be kind
regardless of the position on masks and the virus. Councilor Pollock spoke about the latest
COVID-19 updates and encouraged all to seek information on vaccinations and masks. Councilor
Harrington offered thoughts on the current COVID-19 condition and reminded all that youth are
not able to be vaccinated. Councilor Hoffman stated that the City follows CDC guidance
regarding masking and the virus. Paul Park spoke regarding his property purchase that was
approved tonight. Councilor Wayson spoke regarding the thoughtfulness of disposing of property
that the City paid for maintenance on that did not fit in our current plans.

New Business
Councilor Smith thanked Boy Scouts for working with the Park Department to construct a new
bridge in Beaver Kreek Park.

Adjournment
Mayor Pro Tem Hoffman adjourned the meeting at 7:47 p.m.

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