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City Council on January 8, 2019

Agenda

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, Work and Regular Session, December 11, 2018
    2. Claims
    3. November Revenues
    4. November Treasurer Report
    5. Liquor License Renewal for El Cactus Mexican Restaurant
    6. Liquor License Renewal for Walgreen’s
    7. Liquor License Renewal for The Station II
    8. Liquor License Application for Beat the Bitter, January 29, 2019 – February 2, 2019
    9. Highway 965/Ranshaw Way Phase 3, Pay Application Number 9, Streb Construction, $117,614.05
    10. Highway 965/Ranshaw Way Phase 3, Change Order Number 9, Streb Construction, $869.05
    11. Phase I Water System Improvements Division I – Water Treatment Plant, Pay Application Number 26, Portzen Construction, Inc., $6,421.42
    12. Phase I Water System Improvements Division II – Water Mains, Change Order Number 2, Ricklefs Excavating, Ltd., ($3,869.00)
    13. Phase I Water System Improvements Division II – Water Mains, Pay Application Number 5, Ricklefs Excavating, Ltd., $74,034.45
    14. Phase I Water System Improvements Division II – Water Mains, Pay Application Number 6, Ricklefs Excavating, Ltd., $53,917.79
    15. Phase I Water System Improvements Division II – Water Mains, Substantial Completion, Ricklefs Excavating, Ltd.
    16. Kansas Avenue RISE Improvements, Pay Application Number 8, Streb Construction Co., Inc., $55,421.93
  5. Public Comment
  6. City Planner Report
  7. City Engineer Report
  8. Assistant City Administrator Report
  9. City Administrator Report
  10. Mayor Report
  11. Police Department Project
    1. Resolution Number 2019-01, A Resolution accepting the bid and authorizing execution of the contract for the Police Department Project, North Liberty, Iowa
    2. Resolution Number 2019-02, A Resolution authorizing execution of Change Order Number One for the Contract with Tricon General Construction for the Police Department Project, North Liberty, Iowa
  12. FY 18 Audit
    1. Resolution Number 2019-03, A Resolution accepting the Audit Report for Fiscal Year 2018 as completed by Winkel, Parker & Foster CPA, PC
  13. City Attorney Contract
    1. Resolution Number 2019-04, A Resolution approving the City Attorney Employment Agreement
  14. Mickelson Preliminary Plat
    1. Applicant Presentation
    2. Staff and Planning Commission recommendation
    3. Resolution Number 2019-05, A Resolution approving the Preliminary Plat Agreement between the City of North Liberty and MLDC, Inc. that establishes the terms and conditions under which a Preliminary Plat will be approved for Mickelson Second Addition in the City of North Liberty, Iowa
    4. Resolution Number 2019-06, A Resolution approving the Preliminary Plat of Mickelson Second Addition, North Liberty, Iowa
  15. Hardwick Conditional Use (County)
    1. Applicant Presentation
    2. Staff and Planning Commission recommendations
    3. Resolution Number 2019-07, A Resolution regarding the review of the David Scott Hardwick Conditional Use Application, Johnson County, Iowa
  16. Longsterman Holdings LLC Subdivision Plat (County)
    1. Applicant Presentation
    2. Staff and Planning Commission recommendations
    3. Resolution Number 2019-08, A Resolution regarding the review of the Longsterman Subdivision Preliminary and Final Plat, Johnson County, Iowa
  17. Main Street Right of Way Vacation
    1. Resolution Number 2019-09, A Resolution setting the public hearing regarding the disposition of real estate owned by the City of North Liberty
  18. DERS 380 LLC, Moyna North LLC Rezoning
    1. Third consideration and adoption of Ordinance Number 2018-12, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by amending the use regulations on property owned by DES 380 LLC, Moyna North LLC to those set forth in the Municipal Code for the C-2-A Commercial District
  19. Penn Street and Front Street Project
    1. Resolution Number 2019-10, A Resolution approving the Temporary Construction Easement Agreement between Daniel L. Crawford and Krista M. Crawford and the City of North Liberty
    2. Resolution Number 2019-11, A Resolution approving the Temporary Construction Easement Agreement between Iowa City Community School District and the City of North Liberty
    3. Resolution Number 2019-12, A Resolution approving the Temporary Construction Easement Agreement between Jeff D. Moses and Bonita L. Moses and the City of North Liberty
    4. Resolution Number 2019-13, A Resolution approving the Public Easement Agreement between Eric J. Cameron and the City of North Liberty
  20. Main Street Project
    1. Resolution Number 2019-14, A Resolution approving the Temporary Construction Easement Agreement between Patricia Curry and the City of North Liberty
    2. Resolution Number 2019-15, A Resolution approving the Temporary Construction Easement Agreement between Lepic & Lepic, LLC and the City of North Liberty
    3. Resolution Number 2019-16, A Resolution approving the Temporary Construction Easement Agreement between Nelson Weber and Elizabeth Beckman and the City of North Liberty
  21. North Bend Drive
    1. Resolution Number 2019-17, A Resolution approving the Services Agreement between the City of North Liberty and Shive-Hattery, Inc. for the North Bend Drive Improvements Project
  22. Sanitary Sewer Upgrades Project
    1. Resolution Number 2019-18, A Resolution authorizing condemnation of certain real property
  23. Old Business
  24. New Business
  25. Adjournment

Minutes

Call to order 

Mayor Terry Donahue called the January 8, 2019 Regular Session of the North Liberty City Council to order. Councilors present: Jennifer Goings, Chris Hoffman, Sarah Madsen, and Jim Sayre; absent: Annie Pollock.

Others present: Ryan Heiar, Tracey Mulcahey, Kevin Trom, Dean Wheatley, Joel Miller, Diane Venenga, James Estes, Scott Hardwick, Aaron Klosterman, Kevin Digmann and other interested parties.

Approval of the Agenda

Madsen moved, Sayre seconded to approve the agenda.  The vote was all ayes. Agenda approved.

Consent Agenda

Goings moved, Hoffman seconded to approve the Consent Agenda including City Council Minutes from the Work and Regular Session on December 11, 2018; the attached list of Claims; November Revenues; November Treasurer Report; the Liquor License Renewal for El Cactus Mexican Restaurant; the Liquor License Renewal for Walgreen’s; the Liquor License Renewal for The Station II; the Liquor License Applications for Beat the Bitter, January 29, 2019 – February 2, 2019; Highway 965/Ranshaw Way Phase 3, Pay Application Number 9 to Streb Construction in the amount of $117,614.05 ; Highway 965/Ranshaw Way Phase 3, Change Order Number 9 to Streb Construction in the amount of $869.05; Phase I Water System Improvements Division I – Water Treatment Plant, Pay Application Number 26 to Portzen Construction, Inc. in the amount of $6,421.42 ; Phase I Water System Improvements Division II – Water Mains, Change Order Number 2 to Ricklefs Excavating, Ltd. In a deduct amount of $3,869.00; Phase I Water System Improvements Division II – Water Mains, Pay Application Number 5 to Ricklefs Excavating, Ltd. in the amount of $74,034.45; Phase I Water System Improvements Division II – Water Mains, Pay Application Number 6 to Ricklefs Excavating, Ltd. in the amount of $53,917.79; Phase I Water System Improvements Division II – Water Mains, Substantial Completion, Ricklefs Excavating, Ltd.; Kansas Avenue RISE Improvements, Pay Application Number 8 to Streb Construction Co., Inc. in the amount of $55,421.93.  The vote was all ayes. Consent Agenda approved.

Public Comment

No public comment was offered.

City Planner Report

City Planner Dean Wheatley reported on the updated City street map that was included in the Council packet.

City Engineer Report

City Engineer Kevin Trom reported that the last part of the Forevergreen Road project will be bid a week from tomorrow in Ames.  The Highway 965, Phase 3 final walk through will be on Monday with IDOT, City staff and the contractor. The Penn and Front Street Project final owner review meeting was held last month. The bid documents will be released tomorrow.  Alliant and Mediacom have begun work undergrounding utilities for the project. The public hearing will be held at the next regular Council meeting with construction starting in late March.  The Main Street project final owner review meeting is tomorrow. Bid documents will be issued next week. The design work has begun on the 2019 Trail Projects.  Council discussed the report with Trom.

Assistant City Administrator Report

Assistant City Administrator Tracey Mulcahey reported that the audit is on tonight’s agenda. Cross Park Place Open House is scheduled for Wednesday, January 16.

City Administrator Report

City Administrator Ryan Heiar reported that the City Attorney agreement is in the packet tonight.  Colin Smith will be in town tomorrow to do final paperwork. His start date will be provided soon. Meetings in January are January 15 at 5:30 on budget, January 22 regular meeting and January 29 on CIP.  The Joint Meeting of Johnson County entities will be hosted by Johnson County on January 14 starting at 4:00 p.m. Heiar reported that a photo of the updated aquatic play feature is in the packet. This is an upgrade to the outdoor pool. The funds are available to make it happen including installation. He requested that the Iowa City Community School District easement agreement be removed from tonight’s agenda as the agreement is still being finalized.

Mayor Report

Mayor Terry Donahue reported he attended the Diventures Groundbreaking and the Fire Department Badge and Bugle ceremony. He will be attending the Fair Play economic alliance formal agreement signing on Friday morning at 7:30 a.m.  The Transportation Committee meeting minutes and RFP were included in the Council packet. If no questions, the Committee will start working on contract.  Councilor Jim Sayre has tendered his resignation. He will be leaving on February 1.  Filling Councilor Sayre’s position will be on the January 22 agenda.

Police Department Project

Jim Estes and Chief Diane Venenga presented information on the project. Council discussed the project with Estes and Venenga.

Madsen moved, Goings seconded to approve Resolution Number 2019-01, A Resolution accepting the bid and authorizing execution of the contract for the Police Department Project, North Liberty, Iowa.  The vote was: ayes – Hoffman, Goings, Sayre, Madsen; nays – none. Motion carried.

Hoffman moved, Sayre seconded to approve Resolution Number 2019-02, A Resolution authorizing execution of Change Order Number One for the Contract with Tricon General Construction for the Police Department Project, North Liberty, Iowa.  After discussion, the vote was: ayes – Madsen, Goings, Hoffman, Sayre; nays – none. Motion carried.

FY 18 Audit

Mayor Donahue presented information on the audit.  Council discussed the audit. Madsen moved, Hoffman seconded to approve Resolution Number 2019-03, A Resolution accepting the Audit Report for Fiscal Year 2018 as completed by Winkel, Parker & Foster CPA, PC.  The vote was: ayes – Hoffman, Sayre, Goings, Madsen; nays – none. Motion carried.

City Attorney Contract

Hoffman moved, Goings seconded to approve Resolution Number 2019-04, A Resolution approving the City Attorney Employment Agreement. The vote was: ayes – Goings, Madsen, Hoffman, Sayre; nays – none. Motion carried.

Mickelson Preliminary Plat

Wheatley presented information on the plat and the agreement and reported that Staff and Planning Commission recommend approval of the Preliminary Plat with no conditions.

Kevin Digmann was present on behalf of the applicant and offered additional information.

Goings moved, Sayre seconded to approve Resolution Number 2019-05, A Resolution approving the Preliminary Plat Agreement between the City of North Liberty and MLDC, Inc. that establishes the terms and conditions under which a Preliminary Plat will be approved for Mickelson Second Addition in the City of North Liberty, Iowa.  After discussion, the vote was: ayes – Hoffman, Madsen, Sayre, Goings; nays – none. Motion carried.

Hoffman moved, Madsen seconded to approve Resolution Number 2019-06, A Resolution approving the Preliminary Plat of Mickelson Second Addition, North Liberty, Iowa.  After discussion, the vote was: ayes – Goings, Madsen, Hoffman, Sayre; nays – none. Motion carried.

Hardwick Conditional Use (County)

Scott Hardwick was present on behalf of the applicant and offered to answer questions on the application.

Wheatley presented the Staff and Planning Commission recommendations.  The Planning Commission recommended approval with the conditions that the use be limited to no more than 24 months, be limited to the current applicant, and retail sales not be allowed.  Council discussed the application with staff.

Hoffman moved, Sayre seconded to approve Resolution Number 2019-07, A Resolution regarding the review of the David Scott Hardwick Conditional Use Application, Johnson County, Iowa.  The vote was: ayes – Goings, Madsen, Hoffman, Sayre; nays – none. Motion carried.

Longsterman Holdings LLC Subdivision Plat (County)

Aaron Klosterman was present on behalf of the applicant and offered to answer questions.

Wheatley reported on Staff and Planning Commission recommendations. Both recommend deferring approval to the County.

Madsen moved, Goings seconded to approve Resolution Number 2019-08, A Resolution regarding the review of the Longsterman Subdivision Preliminary and Final Plat, Johnson County, Iowa.  The vote was: ayes – Madsen, Sayre, Goings, Hoffman; nays – none. Motion carried.

Main Street Right of Way Vacation

Hoffman moved, Sayre seconded to approve Resolution Number 2019-09, A Resolution setting the public hearing regarding the disposition of real estate owned by the City of North Liberty. The vote was: ayes – Hoffman, Madsen, Sayre, Goings; nays – none. Motion carried.

DERS 380 LLC, Moyna North LLC Rezoning

Goings moved, Madsen seconded to approve the third consideration and adoption of Ordinance Number 2018-12, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by amending the use regulations on property owned by DES 380 LLC, Moyna North LLC to those set forth in the Municipal Code for the C-2-A Commercial District.  The vote was: ayes – Sayre, Madsen, Goings, Hoffman; nays – none. Motion carried.

Penn Street and Front Street Project

Hoffman moved, Madsen seconded to approve Resolution Number 2019-10, A Resolution approving the Temporary Construction Easement Agreement between Daniel L. Crawford and Krista M. Crawford and the City of North Liberty. The vote was: ayes – Hoffman, Sayre, Goings, Madsen; nays – none. Motion carried.

Hoffman moved, Madsen seconded to approve Resolution Number 2019-12, A Resolution approving the Temporary Construction Easement Agreement between Jeff D. Moses and Bonita L. Moses and the City of North Liberty. The vote was: ayes – Sayre, Madsen, Hoffman, Goings; nays – none. Motion carried.

Heiar presented information on this agreement. Council discussed the agreement. Sayre moved, Madsen seconded to approve Resolution Number 2019-13, A Resolution approving the Public Easement Agreement between Eric J. Cameron and the City of North Liberty. The vote was: ayes – Goings, Madsen, Hoffman, Sayre; nays -none. Motion carried.

Main Street Project

Goings moved, Hoffman seconded to approve Resolution Number 2019-14, A Resolution approving the Temporary Construction Easement Agreement between Patricia Curry and the City of North Liberty. The vote was: ayes – Sayre, Madsen, Hoffman, Goings; nays – none. Motion carried.

Sayre moved, Madsen seconded to approve Resolution Number 2019-15, A Resolution approving the Temporary Construction Easement Agreement between Lepic & Lepic, LLC and the City of North Liberty. The vote was: ayes – Sayre, Hoffman, Madsen, Goings; nays – none. Motion carried.

Madsen moved, Goings seconded to approve Resolution Number 2019-16, A Resolution approving the Temporary Construction Easement Agreement between Nelson Weber and Elizabeth Beckman and the City of North Liberty. The vote was: ayes – Hoffman, Madsen, Goings, Sayre; nays – none.  Motion carried.

North Bend Drive

Heiar presented information on the project and agreement. Madsen moved, Hoffman seconded to approve Resolution Number 2019-17, A Resolution approving the Services Agreement between the City of North Liberty and Shive-Hattery, Inc. for the North Bend Drive Improvements Project. After discussion, the vote was: ayes – Madsen, Sayre, Hoffman, Goings; nays – none. Motion carried.

Sanitary Sewer Upgrades Project

Heiar presented information on the agenda item.  Hoffman moved, Madsen seconded to approve Resolution Number 2019-18, A Resolution authorizing condemnation of certain real property. After discussion, the vote was: ayes – Goings, Madsen, Hoffman, Sayre; nays – none. Motion carried.

Old Business

Councilor Hoffman reported on the Fire Department Pinning Ceremony. He suggested all attend in the future due to the quality of the event.

New Business

Councilor Madsen reminded all about the upcoming Beat the Bitter events.

Adjournment

At 7:48 p.m., Mayor Donahue adjourned the meeting.

Videos

Attachments

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