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City Council on May 25, 2021

Agenda

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 835 1269 5035 and meeting password 316702099. 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, May 11, 2021
    2. Claims
    3. SW Growth Area Water & Sewer Extensions, Pay Application Number 9, Boomerang Corporation, $333,687.50
  5. City Engineer Report
  6. City Administrator Report
  7. Mayor Report
  8. Livestock Ordinance
    1. Third consideration and adoption of Ordinance Number 2021-06, 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
  9. Greenbelt Trail Subdivision
    1. Third consideration and adoption of Ordinance Number 2021-07, 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 North Liberty Road approximately 700 feet north of Salm Drive located in North Liberty, Iowa to those set forth in the Municipal Code for the RD-10 Two-Unit Residence District
    2. Resolution Number 2021-43, A Resolution approving the Preliminary Plat of Greenbelt Trail Part Two-B, North Liberty, Iowa
  10. Alcohol in Public Places
    1. Third consideration and adoption of Ordinance Number 2021-08, An Ordinance amending Chapter 45 of the North Liberty Code of Ordinances to allow the consumption and sale of alcohol in authorized public areas
  11. FY 21 Budget Amendment
    1. Public Hearing
    2. Resolution Number 2021-44, A Resolution amending the Current Budget for the Fiscal Year ending June 30, 2021
  12. Pool Water Heater Replacement Project
    1. Public Hearing regarding proposed plans, specifications, form of contract and cost of project
    2. Resolution Number 2021-45, A Resolution finally approving and confirming plans, specifications, and estimate of cost for the Pool Water Heater Replacement Project
  13. Dubuque Street Project
    1. Resolution Number 2021-46, A Resolution approving the purchase of Temporary Construction Easements by the City of North Liberty for the Dubuque Street Phase One Project
  14. 2021A Borrowing
    1. Resolution Number 2021-47, A Resolution setting the date for public hearing on proposal to enter into General Obligation Loan Agreement and to borrow money thereunder
  15. Meade Farm Linn County REC Utility Easement
    1. Resolution Number 2021-48, A Resolution approving the Public Easement Agreement for Electric Utility and Franchisees between Linn County Rural Electric Cooperative Association and the City of North Liberty
  16. Face Covering Resolution
    1. Resolution Number 2021-49, A Resolution providing continued guidance regarding the North Liberty Face Covering Public Health Initiative to help combat COVID-19
  17. Water Rate Amendment
    1. Public Hearing regarding proposed water rate amendment
    2. First consideration 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
  18. Physician’s Building Rezoning Request
    1. Public Hearing regarding proposed rezoning
    2. First consideration 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
  19. Solomon Holdings LLC Rezoning Request
    1. Public Hearing regarding proposed rezoning
    2. First consideration 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
  20. Old Business
  21. New Business
  22. Adjournment

Minutes

City Council
May 25, 2021
Regular Session

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 May 25, 2021 Regular Session of the North Liberty City Council
to order at 6:30 p.m. Councilors present: RaQuishia Harrington, Chris Hoffman, Annie Pollock,
Brian Wayson; absent –Brent Smith.
Others present: Ryan Heiar, Tracey Mulcahey, Grant Lientz, Ryan Rusnak, Kevin Trom, Brandon
Pratt, Troy Culver and other interested parties.
Council started the meeting with a moment of silence for the one-year anniversary of the George
Floyd event.

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

Consent Agenda
Before Council consideration, Trom presented information on the SW Growth Area Water & Sewer
Extension Project. Pollock moved, Hoffman seconded to approve the Consent Agenda including
the City Council Minutes, Regular Session, May 11, 2021; the attached list of Claims; and Pay
Application Number 9 for the SW Growth Area Water & Sewer Extensions to Boomerang
Corporation in the amount of $333,687.50. The vote was all ayes. Consent Agenda approved.

City Engineer Report
City Engineer Trom reported that the SW Growth contractor is working on electrical, parking lot
and other items. An extension was approved to May 13, which has passed. A meeting will be held
onsite on Thursday. The IDOT has not approved the Ranshaw Way, Phase 5 Project, yet. When
approved, the preconstruction meeting will be scheduled with PCI. The Ranshaw Way, Phase 2
project has a ship date on the change order items of June 18. Shive-Hattery is scheduling the walk
through to create the punchlist. The Pool Heater Replacement Project bids are due June 1. At the
pre-bid meeting, concerns from bidders were expressed on lead times and the volatility of prices
on materials. Shive-Hattery is continuing with programming of the concept phase of the City Hall
Project. At the June 22 City Council meeting a presentation will be made. The Forevergreen Road
Trail plans are 100% complete and submitted to City staff. The project will be awarded in July. The
Centennial Park Loop Road plans are almost 100% complete. The contract will be awarded in July.
Council discussed the report with Trom.

City Administrator Report
City Administrator Heiar reported on the SW Growth Utilities Project and retainage. Heiar
provided an update on City operations for the upcoming weeks. Council will be returning to
Council Chambers and meeting in person at the July 13 meeting.

Mayor Report
Mayor Donahue reported on MPOJC and Emergency Management upcoming meetings. He
saluted Liberty High School and Clear Creek Amana High School for a great showing at the State
track meet.

Livestock Ordinance
Hoffman moved, Pollock seconded to approve the third consideration and adoption of Ordinance
Number 2021-06, 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. After
discussion, the vote was: ayes – Wayson, Hoffman, Pollock, Harrington; nays – none; absent –
Smith. Motion carried.

Greenbelt Trail Subdivision
Hoffman moved, Wayson seconded to approve the third consideration and adoption of
Ordinance Number 2021-07, 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 North
Liberty Road approximately 700 feet north of Salm Drive located in North Liberty, Iowa to those
set forth in the Municipal Code for the RD-10 Two-Unit Residence District. The vote was: ayes –
Wayson, Hoffman, Harrington, Pollock; nays – none; absent – Smith. Motion carried.
Pollock moved, Wayson seconded to approve Resolution Number 2021-43, A Resolution
approving the Preliminary Plat of Greenbelt Trail Part Two-B, North Liberty, Iowa. The vote was:
ayes – Pollock, Harrington, Hoffman, Wayson; nays – none; absent – Smith. Motion carried.

Alcohol in Public Places
Harrington moved, Wayson seconded to approve the third consideration and adoption of
Ordinance Number 2021-08, An Ordinance amending Chapter 45 of the North Liberty Code of
Ordinances to allow the consumption and sale of alcohol in authorized public areas. After
discussion, the vote was: ayes – Harrington, Hoffman, Pollock, Wayson; nays – none; absent –
Smith. Motion carried.

FY 21 Budget Amendment
At 6:52 p.m., Mayor Donahue opened the public hearing regarding the proposed budget
amendment for FY 21. No oral or written comments were received. The public hearing was closed.
Mulcahey presented information on the amendment. Harrington moved, Pollock seconded to
approve Resolution Number 2021-44, A Resolution amending the Current Budget for the Fiscal
Year ending June 30, 2021. The vote was: ayes – Pollock, Wayson, Harrington, Hoffman; nays –
none; absent – Smith. Motion carried.

Pool Water Heater Replacement Project
Mayor Donahue opened the public hearing regarding proposed plans, specifications, form of
contract and cost of project at 6:54 p.m. No oral or written comments were received. The public
hearing was closed. Council discussed the project with Trom. Wayson moved, Hoffman seconded to approve
Resolution Number 2021-45, A Resolution finally approving and confirming plans, specifications,
and estimate of cost for the Pool Water Heater Replacement Project. The vote was: ayes –
Wayson, Pollock, Hoffman, Harrington; nays – none; absent – Smith. Motion carried.

Dubuque Street Project
Lientz presented information on the agenda item. Pollock moved, Hoffman seconded to approve
Resolution Number 2021-46, A Resolution approving the purchase of Temporary Construction
Easements by the City of North Liberty for the Dubuque Street Phase One Project. The vote was:
ayes – Hoffman, Pollock, Wayson, Harrington; nays – none; absent – Smith. Motion carried.

2021A Borrowing
Heiar presented information on the agenda item. Hoffman moved, Harrington seconded to
approve Resolution Number 2021-47, A Resolution setting the date for public hearing on proposal
to enter into General Obligation Loan Agreement and to borrow money thereunder. The vote was:
ayes – Pollock, Hoffman, Harrington, Wayson; nays – none; absent – Smith. Motion carried.

Meade Farm Linn County REC Utility Easement
Lientz provided information on the agenda item. Harrington moved, Wayson seconded to
approve Resolution Number 2021-48, A Resolution approving the Public Easement Agreement
for Electric Utility and Franchisees between Linn County Rural Electric Cooperative Association
and the City of North Liberty. The vote was: ayes – Harrington, Pollock, Wayson, Hoffman; nays –
none; absent – Smith. Motion carried.

Face Covering Resolution
Wayson moved, Pollock seconded to approve Resolution Number 2021-49, A Resolution
providing continued guidance regarding the North Liberty Face Covering Public Health Initiative
to help combat COVID-19. After discussion, the vote was: ayes – Hoffman, Wayson, Harrington,
Pollock; nays – none; absent – Smith. Motion carried.
Water Rate Amendment
At 7:08 p.m., Mayor Donahue opened the Public Hearing regarding proposed water rate
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
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.
After discussion, the vote was: ayes – Harrington, Hoffman, Wayson, Pollock; nays – none; absent
– Smith. Motion carried.

Physician’s Building Rezoning Request
Rusnak presented the rezoning request. Mayor Donahue opened the Public Hearing regarding
proposed rezoning at 7:13 p.m. No oral or written comments were received. The public hearing was
closed.
Hoffman moved, Harrington seconded to approve the first consideration 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
– Harrington, Wayson, Pollock, Hoffman; nays – none; absent – Smith. Motion carried.

Solomon Holdings LLC Rezoning Request
Rusnak presented the rezoning application. Council discussed the application with staff. At 7:25
p.m., Mayor Donahue opened the Public Hearing regarding proposed rezoning. No oral or written
comments were received. Two emails – public record. Brandon Pratt offered information on the
application. The public hearing was closed.
Pollock moved, Hoffman seconded to approve the first consideration 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. After discussion, the
vote was: ayes – Pollock, Wayson, Harrington, Hoffman; nays – none; absent – Smith. Motion
carried.

Old Business
No old business was presented.

New Business
Councilor Hoffman provided an update on some discussions coming soon for regional
betterment.

Adjournment
Mayor Donahue adjourned the meeting at 7:39 p.m.

CITY OF NORTH LIBERTY

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