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City Council on June 23, 2020

Agenda

6:30 p.m., Regular Session

NOTICE: 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 889 0392 0020 and meeting password 292133. 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, June 9 2020
    2. Claims
    3. May Revenues
    4. May Treasurers Report
    5. Liquor License Renewal, Sushiya
    6. Liquor License Update, Red’s Alehouse, expanded outdoor service
    7. FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for J & A Tap
    8. FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for LD Express
    9. FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Liberty View Wine & Spirit
    10. FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for The Station II LLC
    11. FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Urban Fuel LLC
    12. FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Casey’s General Store #2788, 595 N. Kansas Avenue
    13. FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Casey’s General Store #2479, 625 W. Zeller Street
    14. FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for The Depot North Liberty LLC
    15. FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Fareway Stores, Inc. #993
    16. FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Smokin’ Joe’s Tobacco & Liquor Outlet #12
    17. FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Walgreens #11710
    18. FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Johncy’s Liquor Store
    19. FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Kum & Go #507
    20. Police Department Construction, Change Order Number 5, Tricon General Construction, Inc., $15,103.48
    21. Andrews Drive Project, Pay application Number 3, Metro Pavers, Inc., $373,966.67
  5. City Engineer Report
  6. City Administrator Report
  7. Mayor Report
  8. Vintage Estates
    1. Public Hearing regarding proposed PAD for Vintage Estates
    2. Planning Commission and Staff recommendations
    3. First consideration 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
  9. Zoning Ordinance Updates
    1. Third consideration and adoption of Ordinance Number 2020-03, An Ordinance amending Chapter 167 Code of Ordinances of North Liberty, Iowa, entitled “Zoning Code – Definitions” by amending Section 167.01, entitled “Definitions” by Deleting the definitions “Congregate Residence”, “Family” And “Sign” and by amending the definition “Dwelling Unit” and Amending Chapter 173 Code of Ordinances of North Liberty, Iowa, entitled “Zoning Code – Sign Regulations” by amending Section 173.02, entitled “Definitions” by amending the definition “Sign” and adding the definition “Sign, Window” and by amending Section 173.05, entitled “Exempt Signs” by amending Subsection 12 pertaining to window informational signs
  10. 2020A Bond Sale
    1. Resolution Number 2020-53, A Resolution authorizing and approving a Loan Agreement, providing for the sale and issuance of General Obligation Corporate Purpose Bonds, Series 2020A, and providing for the levy of taxes to pay the same
  11. Water Rate Update
    1. Second consideration of Ordinance Number 2020-04, 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
  12. FY 20-21 Wages
    1. Resolution Number 2020-54, A Resolution authorizing salaries and hourly wages for City Employees for the Fiscal Year of July 1, 2020 through June 30, 2021
  13. Mowing Assessment
    1. Resolution Number 2020-55, A Resolution assessing delinquent amounts owed to the City of North Liberty, Iowa to individual property taxes
  14. CDBG Grant Agreement – Summer Lunch & Fun
    1. Resolution Number 2020-56, A Resolution approving the Community Development Block Grant Agreement between the City of North Liberty and the Iowa Economic Development Authority that establishes the terms and conditions under which grant funds will be used for the Summer Lunch & Fun Program in the City of North Liberty, Iowa
  15. Chapter 180 Ordinance regarding Minimum Low Openings on Plat Requirement
    1. Public Hearing regarding proposed ordinance amendment
    2. First consideration 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. Public Hearing regarding proposed ordinance amendment
    2. First consideration 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. Public Hearing regarding proposed ordinance amendment
    2. First consideration 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. Public Hearing regarding proposed ordinance amendment
    2. First consideration 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. Public Hearing regarding proposed ordinance amendment
    2. First consideration 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. Public Hearing regarding proposed ordinance amendment
    2. First consideration 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

At 6:30 p.m., Mayor Terry Donahue called the June 23, 2020 Regular Session of the North Liberty City Council to order. Councilors present: RaQuishia Harrington, Chris Hoffman, Annie Pollock, Brent Smith and Brian Wayson; absent: Chris Hoffman.

Others present: Ryan Heiar, Tracey Mulcahey, Grant Lientz, Ryan Rusnak, Kevin Trom, Derek Blackman, Tionna Pooler, Ray Bisbee, Jason Ledden, Heather Ropp and other interested parties.

Approval of the Agenda

Smith moved, Pollock seconded to approve the agenda with adding an item under Item 8 allowing for an applicant presentation. The vote was all ayes. Agenda approved.  Hoffman arrived at 6:32 p.m.

Consent Agenda

Pollock moved, Wayson seconded to approve the Consent Agenda including City Council Minutes from the Regular Session on June 9 2020; the attached list of Claims; May Revenues; May Treasurers Report; the Liquor License Renewal, Sushiya; Liquor License Update, Red’s Alehouse, expanded outdoor service; FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for J & A Tap; FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for LD Express; FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Liberty View Wine & Spirit; FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for The Station II LLC; FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Urban Fuel LLC; FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Casey’s General Store #2788, 595 N. Kansas Avenue; FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Casey’s General Store #2479, 625 W. Zeller Street; FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for The Depot North Liberty LLC; FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Fareway Stores, Inc. #993; FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Smokin’ Joe’s Tobacco & Liquor Outlet #12; FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Walgreens #11710; FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Johncy’s Liquor Store; FY 2021 Retail Permit Application for Cigarette/Tobacco/Nicotine/Vapor for Kum & Go #507; Police Department Construction, Change Order Number 5, Tricon General Construction, Inc., $15,103.48; and St. Andrews Drive Project, Pay application Number 3, Metro Pavers, Inc., $373,966.67. The vote was all ayes. Consent Agenda approved.

City Engineer Report

City Engineer Kevin Trom provided a status update on the St. Andrews Drive Project. He attended a virtual Aquatic HVAC progress meeting this a.m. The project is progressing well. They plan to start work on August 3 with completion on August 31.  Ranshaw House, Phase 3 project will be short bid process. Staff is working to get it bid in August to get work done before winter. Staff review next Monday. Council discussed the report with Trom.

City Administrator Report

City Administrator Ryan Heiar provided an update on COVID-19 responses. City Hall and the Building Department have reopened, but no one is allowed beyond the front desk. Foot traffic has been pretty slow. The Community Center’s summer program for school age kids is underway.  Thirty-five kids are attending this week. The number is expected to increase throughout the summer.  Lap swim has been very popular in the indoor pool. The outdoor pool is remaining closed for the summer.  The Recreation Center and Library plan to reopen the week of July 6 with restrictions.  As the number of cases increases in Johnson County, staff is keeping their interactions with outsiders to a minimum and are being vigilant in wearing masks or shields.  Meetings are continuing to be held by phone or online.  Heiar is working with Jason Hall at Moxie Solar. The plan is to have something by the end of the week with an agreement coming to Council in July.  Heiar is meeting with the owner of the Quail Creek facility in July.  Council may need to make decisions on next steps after that meeting. Council discussed the report with Heiar.

Mayor Report

Mayor Donahue reported noticing positive case rates are climbing with most under age 25. He reported that the first meeting in July will be held in Council Chambers with social distancing around the dais.  If councilors are not comfortable attending in person, other provisions can be made.

Vintage Estates

At 6:42 p.m., Mayor Donahue opened the Public Hearing regarding proposed PAD for Vintage Estates. Jason Ledden and Heather Ropp presented information on the project. Written comments were received and entered into the record. The public hearing was closed.

Rusnak reported that the Planning Commission and Staff recommend approval with conditions as included in the ordinance. The Good Neighbor Meeting was held. A public hearing was held at the May Planning Commission meeting.

Council discussed the project with the applicant.

Wayson moved, Smith seconded to approve the first consideration 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. After discussion, Hoffman moved to table until the objection is withdrawn in writing.  Harrington seconded the motion to table.  The vote on tabling was: ayes – Harrington, Hoffman; nays – Wayson, Smith, Pollock. Motion failed. The vote on the first consideration of the ordinance was: ayes –Wayson, Smith, Pollock; nays – Hoffman, Harrington. With a written objection in place, the vote required ¾ affirmative votes to pass. With two ayes, the motion failed.

Zoning Ordinance Updates

Wayson moved, Hoffman seconded to approve the third consideration and adoption of Ordinance Number 2020-03, An Ordinance amending Chapter 167 Code of Ordinances of North Liberty, Iowa, entitled “Zoning Code – Definitions” by amending Section 167.01, entitled “Definitions” by Deleting the definitions “Congregate Residence”, “Family” And “Sign” and by amending the definition “Dwelling Unit” and Amending Chapter 173 Code of Ordinances of North Liberty, Iowa, entitled “Zoning Code – Sign Regulations” by amending Section 173.02, entitled “Definitions” by amending the definition “Sign” and adding the definition “Sign, Window” and by amending Section 173.05, entitled “Exempt Signs” by amending Subsection 12 pertaining to window informational signs.  The vote was: ayes – Harrington, Hoffman, Wayson, Pollock, Smith; nays – none. Motion carried.

2020A Bond Sale

Tionna Pooler, Independent Public Advisors, presented information on the bond sale. Hoffman moved, Smith seconded to approve Resolution Number 2020-53, A Resolution authorizing and approving a Loan Agreement to R.W. Baird, providing for the sale and issuance of General Obligation Corporate Purpose Bonds, Series 2020A, and providing for the levy of taxes to pay the same.  After discussion, the vote was: ayes – Pollock, Smith, Harrington, Wayson, Hoffman; nays – none. Motion carried.

Water Rate Update

Hoffman moved, Wayson seconded to approve the second consideration of Ordinance Number 2020-04, 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, Wayson, Pollock; nays – none. Motion carried.

FY 20-21 Wages

Pollock moved, Hoffman seconded to approve Resolution Number 2020-54, A Resolution authorizing salaries and hourly wages for City Employees for the Fiscal Year of July 1, 2020 through June 30, 2021. The vote was: ayes – Wayson, Harrington, Hoffman, Pollock, Smith; nays – none. Motion carried.

Mowing Assessment

Hoffman moved, Harrington seconded to approve Resolution Number 2020-55, A Resolution assessing delinquent amounts owed to the City of North Liberty, Iowa to individual property taxes. After discussion, the vote was: ayes – Smith, Pollock, Wayson, Harrington, Hoffman; nays – none. Motion carried.

CDBG Grant Agreement – Summer Lunch & Fun

Pollock moved, Harrington seconded to approve Resolution Number 2020-56, A Resolution approving the Community Development Block Grant Agreement between the City of North Liberty and the Iowa Economic Development Authority that establishes the terms and conditions under which grant funds will be used for the Summer Lunch & Fun Program in the City of North Liberty, Iowa. The vote was: ayes – Hoffman, Wayson, Harrington, Pollock, Smith; nays – none. Motion carried.

Chapter 180 Ordinance regarding Minimum Low Openings on Plat Requirement

Lientz provided information on this ordinance amendment.  At 7:24 p.m., Mayor Donahue opened the public Hearing regarding proposed ordinance amendment.  No oral or written comments were received. The public hearing was closed.

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

Chapter 146.05 Ordinance regarding Rental Permit Guest

Lientz provided information on this ordinance amendment. At 7:27 p.m., Mayor Donahue opened the public Hearing regarding proposed ordinance amendment.  No oral or written comments were received. The public hearing was closed.

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

Chapter 90.23 Ordinance regarding Backflow customer responsibility

Lientz provided information on this proposed ordinance amendment.  At 7:28 p.m., Mayor Donahue opened the public Hearing regarding proposed ordinance amendment.  No oral or written comments were received. The public hearing was closed.

Smith moved, Hoffman seconded to approve the first consideration 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, Wayson, Smith; nays – none. Motion carried.

Chapter 50.07 Ordinance regarding Nuisance Ordinance Scriveners error

Lientz presented information on this ordinance amendment. At 7:30 p.m., Mayor Donahue opened the public Hearing regarding proposed ordinance amendment.  No oral or written comments were received. The public hearing was closed.

Pollock moved, Harrington seconded to approve the first consideration 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 – Smith, Pollock, Hoffman, Harrington, Wayson; nays – none. Motion carried.

Chapter 41.07 Ordinance regarding Toy Guns

Lientz presented information on this ordinance amendment. At 7:33 p.m., Mayor Donahue opened the public Hearing regarding proposed ordinance amendment.  No oral or written comments were received. The public hearing was closed.

Hoffman moved, Harrington seconded to approve the first consideration of Ordinance Number 2020-09, An Ordinance amending Chapter 41 of the North Liberty Code of Ordinances.  The vote was: ayes – Hoffman, Wayson, Pollock, Harrington, Smith; nays – none. Motion carried.

Chapter 40.03 Ordinance regarding Disorderly Conduct

Lientz presented information on this ordinance amendment.  At 7:36 p.m., Mayor Donahue opened the public Hearing regarding proposed ordinance amendment.  No oral or written comments were received. The public hearing was closed.

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

Old Business

No old business was presented.

New Business

Council discussed Vintage Estates objection with Rusnak. A motion for reconsideration was discussed.  Lientz presented information on the procedures to reconsider the previous vote.

Harrington moved to suspend the rules, Smith seconded.  The vote was: ayes – Pollock, Wayson, Hoffman, Smith, Harrington; nays – none. Motion to suspend the rules carried.

Harrington moved to reconsider, Pollock seconded. After discussion, the vote was: ayes – Wayson, Smith, Harrington, Pollock; nays – Hoffman. Motion carried.

Hoffman moved, Wayson seconded to approve the first consideration 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 – Hoffman, Smith, Harrington, Pollock, Wayson; nays – none. Motion carried.

Adjournment

Mayor Donahue adjourned the meeting at 7:52 p.m.

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