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City Council on July 28, 2020

Agenda

Regular Session
6:30 p.m.

Due to the COVID-19 pandemic, public health and safety concerns require City of North Liberty public meetings to be held electronically, so as to limit the spread of the virus. The public is invited to submit questions and comments in advance of the meeting for consideration submitting them to the City Clerk Tracey Mulcahey via email at [email protected].

This meeting may be accessed live by the public on the internet at northlibertyiowa.org/live, on Facebook at facebook.com/northliberty or on YouTube at www.youtube.com/channel/UCrCw6ipAPjJnd-olpRgPJcg. You can also attend by phone; call 1 (312) 626 6799 with a touch-tone phone and enter the meeting ID 874 8190 4314 and nine-digit meeting password 762521776. Meetings are rebroadcast on cable and available on-demand on northlibertyiowa.org.

  1. Call to order
  2. Roll call
  3. Approval of the Agenda
  4. Consent Agenda
    1. City Council Minutes, Regular Session, July 14, 2020
    2. Claims
    3. June Revenues
    4. June Treasurer’s Report
    5. Andrews Drive, Change Order Number 1, Metro Pavers, $14,038.05
    6. Andrew Drive, Pay Application Number 4, Metro Pavers, $423,121.96
    7. Liquor License Application, Liberty View Wine and Spirits
  5. City Engineer Report
  6. City Administrator Report
  7. Mayor Report
    1. Power Up Iowa Proclamation
  8. Linn County REC Site Plan Application
    1. Commission and staff recommendations
    2. Applicant Presentation
    3. Resolution Number 2020-59, A Resolution approving the Development Site Plan for the South 280 feet of Lot 104 of Inter-City Industrial Park, Part Two (Linn County Electric Cooperative Association Storage Building), North Liberty, Iowa
  9. Face Coverings
    1. Resolution Number 2020-60, A Resolution adopting a Face Covering Public Health Initiative to help combat COVID-19
  10. Social Justice & Racial Equity in North Liberty
    1. Presentation and discussion
  11. Employee Handbook
    1. Resolution Number 2020-61, A Resolution approving amendment of the City of North Liberty Employee Handbook
  12. Social Service Funding
    1. Resolution Number 2020-62, A Resolution affirming an additional Social Service Grant Allocation for Fiscal Year 2020-21
  13. Nuisances Enumerated
    1. Public Hearing regarding the proposed ordinance amendment regarding nuisances
    2. First consideration of Ordinance Number 2020-11, An Ordinance amending Chapter 50.02 of the North Liberty Code of Ordinances to include obstruction of public easements at an enumerated nuisance
  14. Vintage Estates
    1. Third consideration and adoption of Ordinance Number 2020-02, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by amending the use regulations on property located at 175 South Jones Boulevard located in North Liberty, Iowa to those set forth in the Municipal Code for the RS-4 PAD Single-Unit Residence Planned Area Development
  15. Chapter 180 Ordinance regarding Minimum Low Openings on Plat Requirement
    1. Third consideration and adoption of Ordinance Number 2020-05, An Ordinance amending the Minimum Low Opening Requirements of the North Liberty Code of Ordinances
  16. Chapter 146.05 Ordinance regarding Rental Permit Guest
    1. Third consideration and adoption of Ordinance Number 2020-06, An Ordinance amending the Rental Permit Requirements of the North Liberty code of Ordinances
  17. Chapter 90.23 Ordinance regarding Backflow customer responsibility
    1. Third consideration and adoption of Ordinance Number 2020-07, An Ordinance clarifying customer and contractor responsibilities for backflow prevention device inspection and reporting
  18. Chapter 50.07 Ordinance regarding Nuisance Ordinance Scriveners error
    1. Third consideration and adoption of Ordinance Number 2020-08, An Ordinance correcting a scrivener’s error in Chapter 50 of the North Liberty Code of Ordinances
  19. Chapter 41.07 Ordinance regarding Toy Guns
    1. Third consideration and adoption of Ordinance Number 2020-09, An Ordinance amending Chapter 41 of the North Liberty Code of Ordinances
  20. Chapter 40.03 Ordinance regarding Disorderly Conduct
    1. Third consideration and adoption of Ordinance Number 2020-10, An Ordinance amending Chapter 40.03 of the North Liberty Code of Ordinances
  21. Old Business
  22. New Business
  23. Adjournment

Minutes

Roll call

Mayor Terry Donahue called the July 28, 2020 Regular Session of the North Liberty City Council to order at 6:30 p.m. Councilors present:  RaQuishia Harrington, Chris Hoffman, Brent Smith, and Brian Wayson.  Absent: Annie Pollock.

Others present: Ryan Heiar, Tracey Mulcahey, Ryan Rusnak, Grant Lientz, Chief Diane Venenga, Nick Bergus, Derek Blackman, and other interested parties.

Approval of the Agenda

Hoffman moved, Wayson seconded to approve the agenda. The vote was all ayes. Agenda approved.

Consent Agenda

Wayson moved, Smith seconded to approve the Consent Agenda including the City Council Minutes, Regular Session, July 14, 2020; the attached list of Claims; June Revenues; June Treasurer’s Report; St. Andrews Drive, Change Order Number 1, Metro Pavers, $14,038.05; St. Andrew Drive, Pay Application Number 4, Metro Pavers, $423,121.96; and the Liquor License Application, Liberty View Wine and Spirits. The vote was all ayes. Consent agenda approved.

City Administrator Report

City Administrator Ryan Heiar reported that there is nothing new to report on the COVID-19 front. He provided an update from the Access Center. The first reimbursement has been paid. The Moxie Solar Agreement has a target date of the August 11 agenda.

Mayor Report

Mayor Donahue proclaimed August 9 – 15 as American Wind Week in North Liberty.

Councilor Pollock joined the meeting at 6:35 p.m.

Linn County REC Site Plan Application

Ryan Rusnak presented the Commission and staff recommendations on the Linn County REC Site Plan Application.  Both recommend approval.  Council discussed the application with Rusnak.

Sarah Coleman & Douglas Brain were present on behalf of the applicant and offered additional information on the application.  Council discussed the plan with the applicant.

Wayson moved, Pollock seconded to approve Resolution Number 2020-59, A Resolution approving the Development Site Plan for the South 280 feet of Lot 104 of Inter-City Industrial Park, Part Two (Linn County Electric Cooperative Association Storage Building), North Liberty, Iowa.  The vote was: ayes – Hoffman, Harrington, Pollock, Wayson, Smith; nays – none. Motion carried.

Face Coverings

Mayor Donahue read the face covering resolution. Smith moved, Harrington seconded to approve Resolution Number 2020-60, A Resolution adopting a Face Covering Public Health Initiative to help combat COVID-19. After discussion, the vote was: ayes – Harrington, Smith, Pollock, Wayson, Hoffman; nays – none. Motion carried.

Social Justice & Racial Equity in North Liberty

Heiar, Chief Venenga, and Nick Bergus presented information on the report in the packet relating to Social Justice & Racial Equity.   Listening posts are scheduled over the next week throughout the community, both virtual (Zoom) and in person. Council discussed the report with staff.

Employee Handbook

Heiar presented information on the resolution. Hoffman moved, Harrington seconded to approve Resolution Number 2020-61, A Resolution approving amendment of the City of North Liberty Employee Handbook.  The vote was: ayes – Pollock, Smith, Wayson, Harrington, Hoffman; nays – none. Motion carried.

Social Service Funding

Pollock moved, Wayson seconded to approve Resolution Number 2020-62, A Resolution affirming an additional Social Service Grant Allocation for Fiscal Year 2020-21. The vote was: ayes – Wayson, Hoffman, Smith, Harrington, Pollock; nays – none. Motion carried.

Nuisances Enumerated

Lientz provided information on the ordinance. Mayor Donahue opened the public hearing regarding the proposed ordinance amendment regarding nuisances at 7:49 p.m. No oral or written comments were received. The public hearing was closed.

Hoffman moved, Smith seconded to approve the first consideration of Ordinance Number 2020-11, An Ordinance amending Chapter 50.02 of the North Liberty Code of Ordinances to include obstruction of public easements as an enumerated nuisance. The vote was: ayes – Pollock, Hoffman, Harrington, Wayson, Smith; nays – none. Motion carried.

Vintage Estates

Wayson moved, Pollock seconded to approve the third consideration and adoption of Ordinance Number 2020-02, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by amending the use regulations on property located at 175 South Jones Boulevard located in North Liberty, Iowa to those set forth in the Municipal Code for the RS-4 PAD Single-Unit Residence Planned Area Development. The vote was: ayes – Harrington, Smith, Hoffman, Pollock, Wayson; nays – none. Motion carried.

Chapter 180 Ordinance regarding Minimum Low Openings on Plat Requirement

Wayson moved, Hoffman seconded to approve the third consideration and adoption of Ordinance Number 2020-05, An Ordinance amending the Minimum Low Opening Requirements of the North Liberty Code of Ordinances.  The vote was: ayes – Pollock, Hoffman, Smith, Wayson, Harrington; nays – none. Motion carried.

Chapter 146.05 Ordinance regarding Rental Permit Guest

Harrington moved, Pollock seconded to approve the third consideration and adoption of Ordinance Number 2020-06, An Ordinance amending the Rental Permit Requirements of the North Liberty code of Ordinances. The vote was: ayes –Pollock, Smith, Harrington, Wayson, Hoffman; nays – none. Motion carried.

Chapter 90.23 Ordinance regarding Backflow customer responsibility

Hoffman moved, Harrington seconded to approve the third consideration and adoption of Ordinance Number 2020-07, An Ordinance clarifying customer and contractor responsibilities for backflow prevention device inspection and reporting. The vote was: ayes – Pollock, Harrington, Hoffman, Smith, Wayson; nays – none. Motion carried.

Chapter 50.07 Ordinance regarding Nuisance Ordinance Scriveners error

Smith moved, Wayson seconded to approve the third consideration and adoption of Ordinance Number 2020-08, An Ordinance correcting a scrivener’s error in Chapter 50 of the North Liberty Code of Ordinances. The vote was: ayes – Hoffman, Pollock, Harrington, Smith, Wayson; nays – none. Motion carried.

Chapter 41.07 Ordinance regarding Toy Guns

Lientz provided additional information on the ordinance amendment.  He is recommending council table the item indefinitely. Pollock moved, Wayson seconded to table Ordinance Number 2020-09. The vote was all ayes.  Motion carried.

Chapter 40.03 Ordinance regarding Disorderly Conduct

Wayson moved, Hoffman seconded to approve the third consideration and adoption of Ordinance Number 2020-10, An Ordinance amending Chapter 40.03 of the North Liberty Code of Ordinances. The vote was: ayes – Smith, Wayson, Pollock, Hoffman, Harrington; nays – none. Motion carried.

Old Business

Councilor Wayson thanked all involved with making the virtual Blues and BBQ event a success.

New Business

Councilor Harrington reminded everyone to wear masks out in public and to participate in listening posts.   The listening post schedule is available on the City’s website.  Councilor Smith reminded that the United Way Pop Up Connection Center will be at Van Allen Elementary on Wednesday.

Adjournment

Mayor Donahue adjourned the meeting at 8:00 p.m.

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