Johnston City Council Regular Meeting Monday, November 17, 2025

Johnston City Council Regular Meeting Monday, November 17, 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. 25-22 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 Finance Director Sarah Swisher led the meeting in the Pledge. E. Agenda Approval Motion by Rhonda Martin, second by Tom Cope to Approve Agenda as Presented. 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 Steve Kraber, 7375 NW 107th Street, addressed the Council regarding a notice of code violations that he's received. He provided additional information and asked for a pause in the enforcement on the violations. Trent Walraven, 6000 NW 62nd Ave., addressed the Council on his concerns related to transparency with the Flock camera system utilized by the Police Department. 4. Public Hearings A. Conduct a Public Hearing and Consider Approval of the First Readings of Ordinance 1151 - Vacating a Water Main Easement Located in Century Trace Plat 1, an Official Plat in the City of Johnston, Polk County, Iowa The Public Hearing opened at 7:20 p.m. Public Works Director Matt Greiner reviewed the purpose of the Ordinance, noting that the water main had not been fully constructed within the platted water main easement. Greiner advised that earlier this year, the Council had approved a new water main easement that would encompass the entire public portion of the watermain, and that tonight's action would vacate the old easement that is no longer needed. No public comments were received. The Public Hearing closed at 7:21 p.m. Motion by Tom Cope, second by Bryan Burkhardt to approve First Consideration of Ordinance 1151. Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt B. Conduct Public Hearing to Consider Resolution No. 25-277 - Approving and Authorizing Conveyance of an Easement Interest in Real Property to the City of Des Moines, Iowa The Public Hearing opened at 7:22 p.m. Public Works Director Matt Greiner reviewed the item, noting that the proposed action allows Des Moines Water Works to acquire a 60-foot easement which would connect Des Moines Water Works Saylorville Water Treatment Plant to the Tinney Tower. No public comments were received. The Public Hearing closed at 7:24 p.m. Motion by Bryan Burkhardt, second by Suresh Reddy to approve Resolution No. 25-277. Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt C. Conduct a Public Hearing and Consider Approval of the First Reading of Ordinance 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 The Public Hearing opened at 7:25 p.m. Planner Jakob Sheraden reviewed the action, noting that an application to rezone property at 9401 NW Beaver Drive from R-1(100) to C-1 Neighborhood Commercial District, with conditions had been received. Sheraden advised that the applicant is seeking to convert an accessory structure into a beverage stand. Sheraden reviewed the history of the property, including the Board of Adjustment granting a perpetual Special Use permit for a greenhouse in 1990. He also noted that the Special Use permit runs with the land and is not affected by a change in zoning. Sheraden noted that at this time there are no actions which would require amendments to the site plan. He also noted that the Comprehensive Plan identifies the future land use for the subject property as suburban residential. Sheraden noted that staff had mailed notice to the public within 250-feet of right of way, and that staff has received several phone calls, and a petition that meets the 20% threshold per Section 190.02 of the Johnston Code, which triggers a supermajority of the Council to approve the action. Sheraden also indicated that the majority of phone calls and questions were related to parking, appearance, and general use. Sheraden noted that Planning and Zoning recommended approval, but did change the recommendation to only allow specialty coffee and food store, and a small standalone retail and service. Following a question from the Council on any site plan changes, Sheraden advised that any site plan change would follow the normal review process. He also noted that no new buildings are being built, and nothing is being constructed in the conversion of the existing structure into a beverage stand. There was discussion regarding noise and alcohol, with Sheraden noting that alcohol is regulated, and that the City's noise ordinance does not change by zoning. The applicants, Matt and Nancy Brown, provided the hours of operations, and discussed traffic flow and parking around the site. Matt Brown explained the rationale for the C-1 request, noting that there are no conditional use provisions that would allow the sale of food or beverages onsite. The following residents addressed the Council: Dave Johnson, 6820 NW 93rd Court. Noted that he is opposed to the rezoning of the property because from the potential long-term perspective. He noted that the proposal speaks highly of spot zoning. Johnson also advised that he is the Chair of the Planning & Zoning Commission, and that while he directed the conversation, he did not participate in the deliberation or vote so as to not bias the outcome. Angie Bulter, 6820 NW 93rd Court. Noted that she is opposed to the proposed rezoning. She reiterated that the petition means that a supermajority is required for approval. She also reiterated what the previous speaker said about spot zoning, and that spot zoning is generally illegal in Iowa. Butler also noted concern with whether or not the Special Use Permit should have ended when the City purchased the property in 2017. Additional comments regarding traffic and parking were also received. Butler also pointed out that the business has hosed one to two special events each month, and that there have been instances where the business may have skirted the line when it comes to alcoholic beverage control on the site. Jean Poock, 6909 NW 93rd Court. Advised that she is against what is being proposed. She requested the Council to give back her land, her lot and her street, stating that she did not need any more congestion. Jake Black, 6918 NW 93rd Court. Discussed the increased traffic along NW 93rd Court, and the safety concerns of the neighborhood. He also mentioned noise and light pollution from the site. Black also noted concern over what this site could be in the future, specifically mentioning a vape store, a liquor store, Dollar General, and Dollar Tree. Amy Plymat, 6892 NW 93rd Court. Noted that like her neighbors, she is concerned about what could happen in the future, and voiced concerns over a liquor or convenience store, a bar or restaurant that sold alcohol, and how those things wouldn't be a good fit for the neighborhood. Katie Powell, 9340 NW 70th Avenue. Noted the improvements to the site since the business went in, and her gratitude for those improvements. Bill Kearns, 9340 NW 70th Avenue. Requested some clarification on what would be allowed now, and in the future. He also noted that the property owners have been great neighbors. Sheraden pulled up Code section 169.1, and noted that Planning and Zoning recommended only specialty coffee and food store, and a small standalone retail or service as the allowable uses. He also noted that any change in the future would require going through this process again. At the Mayor's request, City Attorney Kristine Stone reviewed spot zoning, noting that not all spot zoning is illegal as sometimes there is a good reason that a property may be treated differently than surrounding property. As, for example a property has had a commercial greenhouse that's been established for more than 30 years, that's different than a single-family home next door. There was further discussion about curb and gutter in the area, as well as parking on one side of the street only. Public Works Director Matt Greiner noted that, from a quick review, it appears that the water main resides on the east side of 93rd, so parking would likely be restricted on the east side of the road so as not to block fire hydrants. There was also discussion on the WRA provisions that may be required. The applicant reiterated that there are no changes to the site plan or building structures on the site, and that there is no drive-through coffee pickup planned. He noted that there is no reason for anything to be open earlier or later than the store; it is only to supplement what's available at the store. Further discussion led to a motion to continue the Public Hearing to the end of this meeting to allow the applicants and staff to craft language addressing the conditional C-1 action. Motion by Tom Cope, second by Suresh Reddy to continue the Public Hearing to the end of this meeting. Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt 5. Consent Agenda A. Consider Approval of the November 3, 2025 Work Session Minutes B. Consider Approval of the November 3, 2025 City Council Meeting Minutes C. Consider Approval of the November 8, 2025 Strategic Planning Work Session D. Consider Pay Request No. 15- Release of Retainage in the Amount of $19,093.90 to C.L. Carroll Company, Inc. for Work Completed on the NW Beaver Drive Pump Station Improvements Project E. Consider Authorizing the Parks & Recreation Director to Sign a Revised Design Agreement with MidAmerican Energy for Power to the Merle Hay Water Access Site and for the Installation cost of $8,314.15 F. Consider Resolution No. 25-272 - Correcting Transfers for 2024-2025 Fiscal Year G. Consider Resolution No. 25-273 - Approving the Street Finance Report for Fiscal Year 2024/2025 for the City of Johnston H. Consider Resolution No. 25-274 - Authorizing and Creating TIF Indebtedness I. Consider Approval of the 2024-2025 Urban Renewal Area Report J. Consider Approval of REQ01061 to I-80 Trailers in the Amount of $6,125.00 for a New Trailer to Haul Mowers and Parks Equipment with. K. Consider Resolution No. 25-280 - Authorizing the Mayor to Sign a Memorandum of Understanding with the State Office of the Chief Information Officer to Provide Enhanced Security Services L. Consider Pay Request No. 13 Releasing Retainage in the Amount of $55,740.61 to J&K Contracting, LLC for Work Completed on the Little Beaver Creek Sanitary Sewer Extension-Segment 2A M. Consider Resolution 25-276 - Approving and Authorizing a Form of Loan and Disbursement Agreement by and between the City of Johnston, Iowa, and the Iowa Finance Authority, and Authorizing and Providing for the Issuance and Securing the Payment of $11,000,000 Water Revenue Capital Loan Notes, Series 2025D, of the City of Johnston, Iowa, Under the Provisions of the Code of Iowa, and Providing for a Method of Payment of Said Notes and Approving Form of Tax Exemption Certificate N. Consider Resolution No. 25-278 - Approving and Authorizing Execution of a Concessions Stand Operations Agreement by and Among City of Johnston, Iowa, Johnston Town Center Owners' Association, and The Cork 50131, LLC O. Consider Setting a Public Hearing for the Adoption of Ordinances No. 1152 and 1153 Adoption of the 2024 Building Codes and Fire Codes P. Consider Approval of Out-of-State Travel for the Fire Marshal/Building Official to Attend the NFPA Building Official Forum December 9th-11th. Q. Consider Authorizing the Economic Development Director to Sign an EECGB Grant Agreement with Iowa Economic Development Authority to Receive $17,860 in Project Funds for the Installation of a Dual-Port EV Charging Station at the Town Center R. Consider Resolution No. 25-279- Making Award of Construction Contract and Approving Contract and Bond for the Beaver Creek Water Main Emergency Repair Project S. File and Receive Reports in Item 6 Motion by James Evans, second by Suresh Reddy to approve the Consent Agenda. Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt 6. Reports A. Building Department October 2025 Monthly Reports B. Planning and Zoning Commission Minutes - November 10, 2025 C. Water/Wastewater Monthly Operations Report for October 2025 D. Street Department Monthly Operations Report E. October 2025 Bank Reconciliation F. October 2025 Treasurer's Investment Report G. October 2025 Year-to-Date Treasurer's Report H. October 2025 Revenue and Expense Summary and Written Summarization of Current Budget Standing I. State of Iowa Annual Financial Report Fiscal Year Ended June 30, 2025 7. Non-Consent Agenda A. Consider Third and Final Consideration, Adoption and Publishing of Ordinance No. 1144 - Establishing the Highway 141 / NW Saylorville Drive Area Sanitary Sewer Connection District City Administrator Mike Pogge-Weaver noted that there were no comments or changes from previous consideration. Motion by Rhonda Martin, second by Suresh Reddy to approve Third and Final Consideration, Adoption and Publishing of Ordinance 1144. Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt B. Consider Third and Final Consideration, Adoption and Publishing of Ordinance No. 1145 - Establishing a Separate Sewer User Charge for Users Located in the Highway 141 / NW Saylorville Drive Area Sanitary Sewer Connection Fee District City Administrator Mike Pogge-Weaver noted that there were no comments or changes from previous consideration. Motion by Tom Cope, second by James Evans to approve Third and Final Consideration, Adoption and Publishing of Ordinance No. 1145. Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt C. Consider Second Consideration of 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 noted that there were no comments or changes from previous consideration. Motion by James Evans, second by Tom Cope to approve Second Consideration of Ordinance 1149. Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt D. Consider Second Consideration of 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 noted that there were no comments or changes from previous consideration. Motion by James Evans, second by Tom Cope to approve Second Consideration of Ordinance 1150 Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt E. Consider Resolution No. 25-275- Approving a Site Plan For The Lithia Audi Building Addition And Service Entrance Project Located at 5190 Merle Hay Road Planner Michael Delp presented the item, noting that the applicant is proposing a 2,720 square-foot building addition on the western side of the building, and making an alignment change to their drive entrance for the service center on the northeast end of the building. Delp reviewed the existing zoning on the site and advised that as proposed, all uses with the addition would meet the zoning requirements. He also discussed the landscaping requirements for the site, indicating that because of a proposed tree removal, the applicant is required to plant an additional 5 trees on the site. Council Member Martin commented on the 6 trees that had been along Merle Hay Road, and noted that there are only 2 trees remaining. A Civil Engineer from Shive-Hattery agreed to meet the requirements in the previous site plan as it relates to landscaping. Motion by Rhonda Martin, second by James Evans to approve Resolution 25-275. Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt F. Consider Third and Final Consideration, Adoption and Publishing of Ordinance No. 1147 - Providing That General Property Taxes Levied and Collected Each Year on All Property Located Within the Windsor Fields Urban Renewal Area, in City of Johnston, County of Polk, State of Iowa, By and For the Benefit of the State of Iowa, City of Johnston, County of Polk, Johnston Community School District, and Other Taxing Districts, Be Paid to a Special Fund for Payment of Principal and Interest on Loans, Monies Advanced To and Indebtedness, Including Bonds Issued or to Be Issued, Incurred By the City in Connection With the Windsor Fields Urban Renewal Area (the Windsor Fields Urban Renewal Plan) Economic Development Director Josh Laraby reviewed the purpose of the ordinance, and noted that there have been no questions, comments, or changes from previous consideration. Motion by Tom Cope, second by Rhonda Martin to approve Third and Final Consideration of Ordinance No. 1147, and to adopt and publish. Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt G. Consider Third and Final Consideration and Adopting and Publishing Ordinance No. 1146 - Amending Sections 165.01, 165.02, 176.14, 177.01 and Table 168.2 of the Johnston Code of Ordinances Planner Jakob Sheraden noted that there have been no comments received, nor changes made from previous consideration. Motion by Suresh Reddy, second by Bryan Burkhardt to approve Third and Final Consideration of Ordinance 1146 and to adopt and publish. Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt H. Consider Third Consideration and Adopting and Publishing Ordinance No. 1148 (PZ Case 25-14) - Text Amendment to Modify Section 190 of the Johnston Zoning Code to be Consistent with State Legislation Effective July 1, 2025 Planner Jakob Sheraden noted that there have been no comments received, nor changes made from previous consideration. Motion by Tom Cope, second by Suresh Reddy to approve Third and Final Consideration of Ordinance No. 1148, and to adopt and publish. Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt I. Consider Approval of Claims in the Amount of $2,180,388.55 Motion by Rhonda Martin, second by James Evans to approve claims as presented. Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt Motion by Rhonda Martin, second by Tom Cope to continue the Public Hearing to Consider Approval of the First Reading 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 at 8:59 p.m. Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt Community Development Director Rose Schroder presented the language agreed upon, and signed off on, by the owners to explicitly prohibit alcohol sales, tobacco sales, and sales of vape products. Following the review of that language, Council members commented on the challenges of these types of issues, and thanked all involved for the dialogue and the participation in the process. Motion by Rhonda Martin, second by Tom Cope to approve First Consideration of Ordinance 1154, to include the amended conditions of explicit prohibitions on the sale of alcohol, tobacco, or vape products on the property. Final Resolution: Motion Carried Yes: Tom Cope, James Evans, Rhonda Martin, Suresh Reddy, Bryan Burkhardt 8. City Administrator / Staff Comments A. Comments Public Works Director Matt Greiner noted that the rectangular rapid flashing beacon has been installed at the trail crossing on Johnston Drive. 9. City Council Comments A. Comments Council Member Reddy noted that he, the Mayor, and Council Member Cope had met with the school district where three new initiatives were reviewed. He provided insight on the Launch program for disabled students aged 18-21 who are no longer attending school, and how the district is helping those students evolve away from school. He also noted that the school district mentioned having local businesses employ those students, which led him to question whether the City Council could help do more to help with this program. Mayor Dierenfeld indicated that the district is planning for a public open house to reveal the changes to the offices, and to discuss the new programming. Council Member Cope noted that both of his kids had attended Wallace and it was fun to see the changes in how that building is being used now. Council Member Martin thanked everyone who came out to vote and re-elect herself, Council Member Evans, and Mayor Dierenfeld. 10. Closing of Meeting A. Upcoming Meeting: Monday, December 1, 2025 - 5:30 p.m. Work Session and 7:00 p.m. Council Meeting B. Meeting Adjournment The meeting adjourned at 9:22 p.m. _________________________ Paula S. Dierenfeld, Mayor Attest: ___________________________ Cyndee Rhames, City Clerk December 1 2025 LIOW0415264