Johnston City Council Regular Council Meeting Monday, December 1, 2025

Johnston City Council Regular Council Meeting Monday, December 1, 2025 1. Participation Information A. To Participate in this Meeting: https://us02web.zoom.us/j/96939835050 (See content for additional information) 2. Opening of Meeting A. Call to Order Johnston City Council Meeting No. 25-23 Mayor Dierenfeld called the meeting to order at 7:04 p.m. B. Roll Call Members present Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt C. Welcome Mayor Dierenfeld welcomed residents and guests to the meeting. D. Pledge of Allegiance Library Director Holly Sealine led the meeting in the Pledge. E. Agenda Approval City Administrator Mike Pogge-Weaver noted the removal of item 5P from consideration. Motion by James Evans, second by Rhonda Martin to approve the agenda as noted. Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt 3. Public Communications A. How to Make Public Comments - Electronic Participation B. Public Comment No public comments were received. 4. Public Hearings A. Public Hearing and First Consideration of Ordinance Nos. 1152 and 1153 - Amending Chapter 155 Johnston Building Code and Chapter 159 Johnston Fire Code The Public Hearing opened at 7:07 p.m. Building Official/Fire Marshal Adam Ostert presented the item to the Council and provided an overview of the proposed changes. Ostert noted that the request is to update the building and fire codes from the 2021 editions to the 2024 editions of the International Fire Code and the International Building Code. Ostert also noted that the intention was also to get back to the base code to eliminate amendments that were outdated or no longer needed. Ostert advised that these proposed changes had also been presented to the Johnston Grimes Metropolitan Fire Board, with unanimous approval to move forward with the adoption of the 2024 Fire Code. He also noted that Johnston and Grimes had make strong efforts to make sure that both cities have the same fire code. No public comments were received. The Public Hearing closed at 7:11 p.m. Motion by Suresh Reddy, second by James Evans to approve First Consideration of Ordinance Nos. 1152 and 1153. Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt 5. Consent Agenda A. Consider Approval of the November 17, 2025 Work Session Minutes B. Consider Approval of the November 17, 2025 City Council Meeting Minutes C. Consider Requisition No. REQ01071 to Stivers Ford to Purchase 2026 Transit Van in the amount of $50,257 D. Consider Resolution No. 25-281- Initiating an Official Zoning Map Amendment to Rezone 4.36 Acres From R-1(75), Medium Lot Residential District and M-1, Light Industrial District to M-1, Light Industrial District E. Consider Requisition No. REQ01072 to Stivers Ford to Purchase 2026 Transit Van in the amount of $50,257 F. Consider Change Order #2 in the Amount of $39,552.00 for additional trail work and Pay Request No. 4 in the Amount of $47,855.50 for November to Concrete Connections LLC for Work Completed at Ridgedale Heights as of November 17, 2025 G. Consider Resolution No. 25-282 - Accepting the Ridgedale Heights Park H. Consider Pay Request No. 7 in the Amount of $238,506.86 for Work Completed on the 78th Ave Trail as of November 15, 2025 I. Consider Change Order #2 in the amount of (-$18,793.50) and Pay Request No. 7 in the Amount of $68,756.32 to Concrete Connections LLC for Work Completed on the Merle Hay Water Access Project as of November 17, 2025 J. Consider Pay Request No. 2 in the Amount of $125,597.13 to TK Concrete for Work Completed on the Johnston Dog Pak Project as of November 19, 2025 K. Consider Resolution No. 25-285 - Approving an Amendment to the Resolution Authorizing Issuance of $450,000 Water Revenue Capital Loan Notes Anticipation Project Note, Series 2022E, and authorizing execution and delivery of amendment to Interim Loan and Disbursement Agreement by and between the City of Johnston and the Iowa Finance Authority L. Consider Authorizing the City Attorney to File an Interpleader Action to Address a Dispute Between J&K Contracting LLC and Funding Futures LLC Related to Pay Request No. 13 for the Little Beaver Creek Sanitary Sewer Extension-Segment 2A M. Consider Pay Request No. 5 in the Amount of $697,691.62 to On Track Construction for the NW Saylorville Drive Water Main Extension Segment B & C as of November 7, 2025 N. Consider Pay Request No. 4 in the Amount of $1,394,205.73 to S M Hentges & Sons, Inc. for the Little Beaver Creek Sanitary Extension Segment B as of November 6, 2025 O. Consider Pay Request No. 9 in the Amount of $323,622.10 to InRoads LLC for the NW 100th Street & NW 78th Avenue Improvements NW 70th Avenue to Hidden Valley Drive as of November 15, 2025 P. Consider Approval of a Memorandum of Understanding Between the City of Johnston, Iowa and The Cork 50131 LLC Q. Consider Pay Request No. 1 in the Amount of $63,156.70 to JC Midwest Services, LLC for the Royal Park Estates Channel Repair Phase II as of November 19, 2025 R. Consider Requisition No. REQ01079 to Karl Emergency Vehicles and Apparel to Purchase a new Fire District Command Vehicle in the amount of $116,710.80 S. Consider Approval of Liquor License Applications and Renewals T. Consider Accepting Abstract of Election for the November 4, 2025 Election for the Offices of Mayor and Council Members at Large U. File and Receive Reports in Item 6 Motion by Suresh Reddy, second by Tom Cope to approve the Consent Agenda. Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt 6. Reports A. 2026-2027 Tax Increment Financing (TIF) Indebtedness Certifications to Polk County Auditor 7. Non-Consent Agenda A. Consider Second Consideration of Ordinance No. 1151 - Vacating a Water Main Easement Located in Century Trace Plat 1, an Official Plat in the City of Johnston, Polk County, Iowa Public Works Director Matt Greiner noted that there had been no changes and no comments from the previous consideration. Motion by Rhonda Martin, second by Tom Cope to Approve Second Consideration of Ordinance No. 1151 Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt Motion by Tom Cope, second by Rhonda Martin to waive Third and Final Consideration and to Adopt and Publish Ordinance No. 1151. Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt B. Consider Second Consideration of Ordinance No. 1154 - Official Zoning Map Amendment to Rezone 0.81 Acres From R-1(100), Large Lot Residential District to C-1, Neighborhood Commercial District with Conditions Planner Jakob Sheraden addressed the Council, noting that there had been no changes and no comments received since First Consideration of the proposed Ordinance. Motion by James Evans, second by Suresh Reddy to approve Second Consideration of Ordinance No. 1154. Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt C. Consider Approval of the Third Reading and to Adopt and Publish Ordinance No. 1149 - An Official Zoning Map Amendment to Rezone 1.486 Acres From R-4, High Density Mixed Residential District to M-1, Light Industrial District Planner Michael Delp addressed the Council, noting that there had been no changes to the Ordinance, or comments received since the previous consideration. Motion by Suresh Reddy, second by Tom Cope to approve Third and Final Consideration of Ordinance No. 1149, and to adopt and publish. Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt D. Consider Approval of the Third Reading and to Adopt and Publish Ordinance No. 1150 - An Official Zoning Map Amendment to Rezone 1.816 Acres From R-4, High Density Mixed Residential District to M-1, Light Industrial District Planner Michael Delp addressed the Council, noting that there had been no changes to the Ordinance, or comments received since the previous consideration. Motion by Suresh Reddy, second by Tom Cope to approve Third and Final Consideration of Ordinance No. 1150, and to Adopt and Publish. Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt E. Consider Resolution No. 25-286 - Authorizing Delivery of a Notice of Exercise of Special Remedy & Notice of Event of Default City Administrator Mike Pogge-Weaver addressed the Council, noting that Lincoln Savings Bank had filed a foreclosure action against Ignite Johnston, LLC, which constitutes an event of default under Section 9.1E of the development agreement between the City of Johnston and Ignite Johnston, LLC. Pogge-Weaver advised that in light of this foreclosure action and the developer's failure to meet the required pre-development obligations, staff is recommending the Council approve a resolution authorizing the delivery of a notice exercise of special remedy and notice of event of default in order to preserve our rights going forward. Motion by Tom Cope, second by Bryan Burkhardt to Approve Resolution No. 25-286. Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt F. Consider Resolution No. 25-287 - Approving and Authorizing Execution and Delivery of Third Amended and Restated Agreement for the Des Moines Metropolitan Wastewater Reclamation Authority (WRA), Consenting to the Issuance of Bonds by the Board of the WRA for the Purpose of Constructing Improvements Under the Terms of Said Agreement, and Related Matters City Administrator Mike Pogge-Weaver presented the item to the Council, noting that Johnston has been a long-standing member of the WRA and that the agreement with the WRA was last amended in 2014. He noted that this amended agreement includes modernizing the governance structure, financial provisions, long-range planning, as well as capital programming over the next several decades. Pogge-Weaver noted that the WRA Board of Directors had approved the agreement las week, and it is now being considered by the member agencies. He provided information on key items, such as the long-range capital programming through 2040 that includes more than $1.21 billion in improvements, and increase the outstanding debt limit from $675 million to $975 million to address those improvements. He provided information on the governance updates, which include 1 representative for every 65,000 in population with a cap of 3 representatives, and transitions the weighted vote from population-based to flow-based. Pogge-Weaver also advised that there are no immediate changes to rates, but that the long-range plans may require adjustment to our sewer rates over the long run. Motion by Suresh Reddy, second by James Evans to Approve Resolution No. 25-287. Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt G. Consider Approval of Claims in the Amount of $6,126,276.93. Motion by Bryan Burkhardt, second by Rhonda Martin to Approve Claims in the Amount of $6,126,276.93. Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt 8. City Administrator / Staff Comments A. Comments City Administrator Mike Pogge-Weaver provided an update on a request from a resident at the last Council meeting for a 6-month extension on a compliance issue, and that staff has granted that 6-month extension. Communications Director Janet Wilwerding provided an update on the impact that the weekend snow would have on the Holidays at the Town Center event, noting that staff had made some changes in the layout of the event, but that there should not be any disruption to the event. Chief of Police Dennis McDaniel continued his Work Session discussion on proposed changes to the Animal Control ordinances, specifically addressing the appeal process for dangerous, or potentially dangerous declarations. McDaniel provided two options for this appeal - using a magistrate to hear the appeal, or using an Administrative Law Judge. Council members discussed the merits of the options. Council Member Reddy requested additional information on the processes. There was no consensus on one option over the other. Chief McDaniel noted that he would provide additional information and further discussion would be undertaken at a future Work Session. 9. City Council Comments A. Comments Council Member Reddy relayed a conversation that he'd had with a couple from Iowa City, where the couple commented that Johnston is one of the best managed cities in the state. He also noted that he'd had a grinder pump issue over the weekend, and that Public Works staff had responded to his home within 30 minutes of him making the call. Council Member Cope thanked the Public Works staff for their prompt, outstanding work during the snow event over the weekend. Council Member Burkhardt noted that Metro Waste is collecting used, battery powered toys and decorations in an effort to help prevent fire at the landfills. He advised that the Johnston Library has collection containers for these items. Library Director Holly Sealine noted that the Library also has collection containers for batteries. Council Member Martin thanked Pogge-Weaver for the update on the outcome for the resident who had requested an extension for compliance. Mayor Dierenfeld commented on the presentation on the Coyote Management Plan that had been given by the Department of Natural Resources and Parks Director Geoff Hubbard. 10. Closed Session A. CLOSED SESSION - Pursuant to Iowa Code Section 21.5(1)(c) to Discuss Strategy with Counsel in Matters that are Presently in Litigation or Where Litigation is Imminent Where its Disclosure Would be Likely to Prejudice or Disadvantage the Position of the Governmental Body in that Litigation 11. Closing of Meeting A. Upcoming Meeting: Monday, December 15, 2025 - 5:30 p.m. Work Session and 7:00 p.m. Council Meeting B. Meeting Adjournment The meeting adjourned at 8:40 p.m. _________________________ Paula S. Dierenfeld, Mayor Attest: ___________________________ Cyndee Rhames, City Clerk December 11 2025 LIOW0421081