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City Council on June 22, 2021

Agenda

Work Session, 6:00 p.m., via Zoom
Regular Session, 6:30 p.m., via Zoom

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 youtube.com/c/northliberty. You can also attend by phone; call 1 (312) 626 6799 with a touch-tone phone and enter the meeting ID 859 4168 7358 and meeting password 359050156. Meetings are rebroadcast on cable and available on-demand on northlibertyiowa.org.

  1. Call to order
  2. Roll call
  3. Approval of the Agenda

Work Session

  1. City Hall Project
    1. Presentation and discussion

Regular Session

  1. Consent Agenda
    1. City Council Minutes, Regular Session, June 8, 2021
    2. Southwest Area Growth Utilities Project, Pay Application Number 10, Boomerang Corporation, $213,490.79
    3. Southwest Area Growth Utilities Project, Change Order Number 2, Boomerang Corporation, $18,750.00
    4. Ranshaw Phase 5 Project, Pay Application Number 1, PCI, $181,552.23
    5. Claims
    6. FY 2022 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for J & A Tap
    7. FY 2022 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for LD Express
    8. FY 2022 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Liberty View Wine & Spirit
    9. FY 2022 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for The Station II LLC
    10. FY 2022 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Urban Fuel LLC
    11. FY 2022 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Casey’s General Store #2788, 595 N. Kansas Avenue
    12. FY 2022 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Casey’s General Store #2479, 625 W. Zeller Street
    13. FY 2022 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for The Depot North Liberty LLC
    14. FY 2022 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Fareway Stores, Inc. #993
    15. FY 2022 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Smokin’ Joe’s Tobacco & Liquor Outlet #12
    16. FY 2022 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Johncy’s Liquor Store
    17. FY 2022 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Kum & Go #507
    18. FY 2022 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Walgreens #11710
  2. City Engineer Report
  3. City Administrator Report
  4. Mayor Report
  5. Forevergreen Road Trail Project
    1. Public Hearing regarding proposed plans, specifications, estimate of cost and form of contract for the Forevergreen Road Trail Project
    2. Resolution Number 2021-54, A Resolution approving and confirming plans, specifications, and estimate of cost for the Forevergreen Road Trail Project
    3. Resolution Number 2021-55, A Resolution approving the purchase of a Temporary Construction Easement by the City of North Liberty for the Forevergreen Road Trail Project
  6. Ag Experience Ordinance
    1. Public Hearing regarding proposed Ag Experience Ordinance amendment
    2. First consideration of Ordinance Number 2021-12, An Ordinance amending Section 167.01 Code of Ordinances of North Liberty, Iowa, entitled “Definitions” by amending definitions “Agriculture”, “Food Pantry” and “Livestock”, by adding the definitions “Agricultural Experience” and “Animal Confinement Operations” and by deleting the definitions “Farm”, “Farm Animals” and “Farming”; amending Section 168.01 Code of Ordinances of North Liberty, Iowa, entitled “ID Zone – Interim Development District” by adding, amending and/or deleting certain uses in Table 168.01-A, entitled “ID Zone Uses”, by adding, amending and/or deleting certain uses in Table 168.01B, entitled “ID Zone Bulk Regulations” and by amending “Off-Street Parking” regulations, by deleting “Stockyard Operation, License Required” and “Kennel, License Required” and by amending “Signs” regulations, amending Section 169.06, entitled “Location of Accessory Buildings and Uses” by amending “Food Pantry” regulations, and amending Chapter 170, entitled “Special Use Regulations” by creating Section 170.07 entitled “Agricultural Experience” and associated use regulations.
  7. Hope Evangelical Church Site Plan
    1. Staff and Planning Commission recommendations
    2. Applicant presentation
    3. Resolution Number 2021-56, A Resolution approving the Development Site Plan for 420 N. Front Street (Hope Evangelical Church), North Liberty, Iowa
  8. FY 21-22 Wages
    1. Resolution Number 2021-57, A Resolution authorizing salaries and hourly wages for City Employees for the Fiscal Year of July 1, 2021 through June 30, 2022
  9. Dubuque Street Project
    1. Resolution Number 2021-58, A Resolution approving the purchase of Temporary Construction Easements, Permanent Drainage Easement, and Right-of-way by the City of North Liberty for the Dubuque Street Phase One Project
    2. Resolution Number 2021-59, A Resolution approving the Underground Utility Easements between the City of North Liberty and Interstate Power and Light Company and Qwest Corporation
  10. Red Door Properties
    1. Staff and Planning Commission recommendations
    2. Applicant presentation
    3. Resolution Number 2021-60, A Resolution approving the Preliminary Plat and Final Plat for Progress Park – Part Twelve , North Liberty, Iowa
    4. Resolution Number 2021-61, A Resolution approving the Development Site Plan for Lot 2, Progress Park – Part Six (Scooters Coffee), North Liberty, Iowa
  11. Livestock Ordinance
    1. Discussion and possible action regarding Mayor’s veto of Ordinance Number 2020-06, An Ordinance amending the Code of Ordinances of the City of North Liberty, Iowa, updating portions of the Animal Control Code concerning livestock within City limits
  12. Water Rate Amendment
    1. Third consideration and adoption of Ordinance Number 2021-09, An Ordinance amending Chapter 92.02, entitled “Rates for Service,” of the Municipal Code of North Liberty by adopting a new Section 92.02 to increase the charges for water used
  13. Physician’s Building Rezoning Request
    1. Third consideration and adoption of Ordinance Number 2021-10, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by amending the use regulations on property located on the west side of south Kansas Avenue approximately .23 miles north of west Forevergreen Road located in North Liberty, Iowa to those set forth in the Municipal Code for the O/RP Office and Research Park District
  14. Solomon Holdings LLC Rezoning Request
    1. Third consideration and adoption of Ordinance Number 2021-11, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances by amending the use regulations on property located on the west side of Community Drive approximately 240 feet south of West Penn Street located in North Liberty, Iowa to those set forth in the Municipal Code for the C-2A PAD Highway Commercial District Planned Area Development
  15. Hate Crime Ordinance Discussion
    1. Discussion regarding proposed Hate Crime Ordinance
  16. Old Business
  17. New Business
  18. Adjournment

Minutes

City Council
June 22, 2021
Work & Regular Sessions

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.

Call to order
Mayor Terry Donahue called the June 22, 2021 Work and Regular Sessions of the North Liberty
City Council to order at 6:00 p.m. Councilors present: RaQuishia Harrington, Chris Hoffman, Annie
Pollock, Brent Smith, Brian Wayson; absent –none.
Others present: Ryan Heiar, Tracey Mulcahey, Grant Lientz, Ryan Rusnak, Kevin Trom, Tandi
Brannaman, Natalie Oppedal, Emily Naylor, Kaila Rome, Brandon Pratt, Mark Holtkamp, Jon
Marner and other interested parties.

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

Work Session – City Hall Project
Heiar offered an introduction on the City Hall design process. Kevin Trom, Tandi Brannaman, Emily
Naylor, Emma Riordan and Natalie Oppedal from Shive Hattery presented information on the
proposed project including floor plan, site, layout and design, cost estimates and schedule. Council
discussed the presentation with Shive Hattery staff.
At 6:50 p.m., Council moved into the Regular Session.

Consent Agenda
Pollock moved, Smith seconded to approve the Consent Agenda including the City Council
Minutes, Regular Session, May 25, 2021; the attached list of Claims; Southwest Area Growth
Utilities Project, Pay Application Number 10, Boomerang Corporation, $213,490.79; Southwest
Area Growth Utilities Project, Change Order Number 2, Boomerang Corporation, $18,750.00;
Ranshaw Phase 5 Project, Pay Application Number 1, PCI, $181,552.23; FY 2022 Retail Permit
Application for Cigarette/Tobacco/Nicotine/Vapor for J & A Tap; FY 2022 Retail Permit
Application for Cigarette/Tobacco/Nicotine/Vapor for LD Express; FY 2022 Retail Permit
Application for Cigarette/Tobacco/Nicotine/Vapor for Liberty View Wine & Spirit; FY 2022 Retail
Permit Application for Cigarette/Tobacco/Nicotine/Vapor for The Station II LLC; FY 2022 Retail
Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Urban Fuel LLC; FY 2022 Retail
Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Casey’s General Store #2788, 595
N. Kansas Avenue; FY 2022 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for

Casey’s General Store #2479, 625 W. Zeller Street; FY 2022 Retail Permit Application for
Cigarette/Tobacco/Nicotine/Vapor for The Depot North Liberty LLC; FY 2022 Retail Permit
Application for Cigarette/Tobacco/Nicotine/Vapor for Fareway Stores, Inc. #993; FY 2022 Retail
Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Smokin’ Joe’s Tobacco & Liquor
Outlet #12; FY 2022 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for
Johncy’s Liquor Store; FY 2022 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor
for Kum & Go #507; and FY 2022 Retail Permit Application for
Cigarette/Tobacco/Nicotine/Vapor for Walgreens #11710. The vote was all ayes. Consent Agenda
approved.

City Engineer Report
City Engineer Trom reported that the first part of the Ranshaw Way Phase 5 project is completed
and traffic is shifted for the next part. Forevergreen Road Trail Project public hearing is on
tonight’s agenda. Bids will be accepted and awarded at the next Council meeting. The Centennial
Park Road Project is a meeting behind the trail project. Bid documents will be on the July 27
meeting.

City Administrator Report
City Administrator Heiar reported on the Project Better Together update. Representatives will be
present at the next Council meeting for an update to the City Council on the next steps.

Mayor Report
Mayor Donahue reported on the calls and contacts regarding the panhandlers next to Walgreens.
Staff will continue monitoring the situation.

Forevergreen Road Trail Project
At 6:56 p.m., Mayor Donahue opened the Public Hearing regarding proposed plans, specifications,
estimate of cost and form of contract for the Forevergreen Road Trail Project. No written or oral
comments were received. The public hearing was closed.

Wayson moved, Smith seconded to approve Resolution Number 2021-54, A Resolution approving
and confirming plans, specifications, and estimate of cost for the Forevergreen Road Trail Project.
The vote was: ayes – Wayson, Hoffman, Pollock, Harrington, Smith; nays – none. Motion carried.
Wayson moved, Harrington seconded to approve Resolution Number 2021-55, A Resolution
approving the purchase of a Temporary Construction Easement by the City of North Liberty for
the Forevergreen Road Trail Project. The vote was: ayes – Hoffman, Pollock, Harrington, Wayson,
Smith; nays – none. Motion carried.

Ag Experience Ordinance
Rusnak presented a summary of the ordinance updates. At 7:01 p.m. Mayor Donahue opened the
Public Hearing regarding proposed Ag Experience Ordinance amendment. Katie Colony and Kaila
Rome spoke regarding the proposed ordinance amendment. The public hearing was closed.

Smith moved, Pollock seconded to approve the first consideration of Ordinance Number 2021-12,
An Ordinance amending Section 167.01 Code of Ordinances of North Liberty, Iowa, entitled
“Definitions” by amending definitions “Agriculture”, “Food Pantry” and “Livestock”, by adding the
definitions “Agricultural Experience” and “Animal Confinement Operations” and by deleting the
definitions “Farm”, “Farm Animals” and “Farming”; amending Section 168.01 Code of Ordinances
of North Liberty, Iowa, entitled “ID Zone – Interim Development District” by adding, amending
and/or deleting certain uses in Table 168.01-A, entitled “ID Zone Uses”, by adding, amending
and/or deleting certain uses in Table 168.01B, entitled “ID Zone Bulk Regulations” and by amending
“Off-Street Parking” regulations, by deleting “Stockyard Operation, License Required” and
“Kennel, License Required” and by amending “Signs” regulations, amending Section 169.06,
entitled “Location of Accessory Buildings and Uses” by amending “Food Pantry” regulations, and
amending Chapter 170, entitled “Special Use Regulations” by creating Section 170.07 entitled
“Agricultural Experience” and associated use regulations.
After discussion, the vote was: ayes – Harrington, Hoffman, Pollock, Wayson, Smith; nays – none.
Motion carried.

Hope Evangelical Church Site Plan
Rusnak reported on staff and Planning Commission recommendations for the application.
Jon Marner, MMS Consultants, was present on behalf of the applicant and offered to answer
questions. Council discussed the application with Marner.
Hoffman moved, Wayson seconded to approve Resolution Number 2021-56, A Resolution
approving the Development Site Plan for 420 N. Front Street (Hope Evangelical Church), North
Liberty, Iowa. The vote was: ayes – Wayson, Hoffman, Smith, Harrington, Pollock; nays – none.
Motion carried.

FY 21-22 Wages
Hoffman moved, Pollock seconded to approve Resolution Number 2021-57, A Resolution
authorizing salaries and hourly wages for City Employees for the Fiscal Year of July 1, 2021 through
June 30, 2022. The vote was: ayes – Wayson, Hoffman, Smith, Pollock, Harrington; nays – none.
Motion carried.

Dubuque Street Project
Wayson moved, Hoffman seconded to approve Resolution Number 2021-58, A Resolution
approving the purchase of Temporary Construction Easements, Permanent Drainage Easement,
and Right-of-way by the City of North Liberty for the Dubuque Street Phase One Project. The
vote was: ayes – Wayson, Pollock, Hoffman, Harrington, Smith; nays – none. Motion carried.
Smith moved, Hoffman seconded to approve Resolution Number 2021-59, A Resolution
approving the Underground Utility Easements between the City of North Liberty and Interstate
Power and Light Company and Qwest Corporation. The vote was: ayes – Smith, Wayson, Hoffman,
Pollock, Harrington; nays – none. Motion carried.

Red Door Properties
Rusnak presented the staff and Planning Commission recommendations on this application. The
presented plans were updated to the recommendations.

Jon Marner, MMS Consultants, and Mark Holtkamp, applicant, were present and offered additional
information on the application. Council discussed the application with them.
Hoffman moved, Harrington seconded to approve Resolution Number 2021-60, A Resolution
approving the Preliminary Plat and Final Plat for Progress Park – Part Twelve , North Liberty, Iowa.
The vote was: ayes – Smith, Pollock, Wayson, Harrington, Hoffman; nays – none. Motion carried.
Pollock moved, Wayson seconded to approve Resolution Number 2021-61, A Resolution
approving the Development Site Plan for Lot 2, Progress Park – Part Six (Scooters Coffee), North
Liberty, Iowa. The vote was: ayes – Smith, Harrington, Pollock, Hoffman, Wayson; nays – none.
Motion carried.

Livestock Ordinance
Mayor and the Council discussed the Mayor’s veto of Ordinance Number 2020-06, An Ordinance
amending the Code of Ordinances of the City of North Liberty, Iowa, updating portions of the
Animal Control Code concerning livestock within City limits. Hoffman moved, Wayson seconded
to override the Mayor’s veto. The vote was: ayes – Smith, Hoffman, Harrington, Wayson; nays –
Pollock. Motion carried.

Water Rate Amendment
Wayson moved, Hoffman seconded to approve the third consideration and adoption of
Ordinance Number 2021-09, An Ordinance amending Chapter 92.02, entitled “Rates for Service,”
of the Municipal Code of North Liberty by adopting a new Section 92.02 to increase the charges
for water used. The vote was: ayes – Smith, Harrington, Hoffman, Pollock, Wayson; nays – none.
Motion carried.

Physician’s Building Rezoning Request
Hoffman moved, Wayson seconded to approve the third consideration and adoption of
Ordinance Number 2021-10, An Ordinance amending Chapter 167 of the North Liberty Code of
Ordinances by amending the use regulations on property located on the west side of south Kansas
Avenue approximately .23 miles north of west Forevergreen Road located in North Liberty, Iowa
to those set forth in the Municipal Code for the O/RP Office and Research Park District. The vote
was: ayes – Pollock, Harrington, Wayson, Smith, Hoffman; nays – none. Motion carried.

Solomon Holdings LLC Rezoning Request
Hoffman moved, Smith seconded to approve the third consideration and adoption of Ordinance
Number 2021-11, An Ordinance amending Chapter 167 of the North Liberty Code of Ordinances
by amending the use regulations on property located on the west side of Community Drive
approximately 240 feet south of West Penn Street located in North Liberty, Iowa to those set
forth in the Municipal Code for the C-2A PAD Highway Commercial District Planned AreaDevelopment.
The vote was: ayes – Hoffman, Harrington, Pollock, Smith, Wayson; nays – none.
Motion carried.

Hate Crime Ordinance Discussion
Lientz presented information on regarding proposed Hate Crime Ordinance. Council discussed
the proposed ordinance. Staff was asked to draft a potential resolution for the next meeting.

Old Business
Councilor Hoffman spoke regarding the North Liberty Community Pantry Golf Outing that had
120 participants. He updated on Project Better Together. Councilor Wayson offered additional
information on the chicken ordinance.

New Business
No new business was presented.

Adjournment
Mayor Donahue adjourned the meeting at 8:20 p.m.

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