City Council Minutes January 22, 2008

North Liberty City Council
January 22, 2008
Regular Session
Number 3

At 7:00 p.m., Mayor Tom Salm call the regular meeting of the North Liberty City Council to order.

Council members present: Chipman, Donahue, Hoffman, Kuhl, Wozniak.

Others present: City Administrator Ryan Heiar, City Attorney Scott Peterson, City Engineer Kevin Trom, City Planner Dean Wheatley, Assistant City Administrator Tracey Mulcahey, Bill Mausser, Duane Musser, Mike Pugh and other interested citizens.

Approval of the Agenda. Donahue moved, Chipman seconded to approve the agenda. The vote was: ayes – Kuhl, Hoffman, Wozniak, Donahue, Chipman; nays — none. Motion carried.

Consent agenda. Kuhl moved, Hoffman seconded to approve the consent agenda including the Library Report, City Council minutes from the regular meeting of January 8, 2008 with the amendment of Urban Policy Board rather than Rural Policy Board and the work session on January 15, 2008, 270th Street Reconstruction – Pay Application #6 – Streb Construction $27,167.16, Resolution Number 08-04, A Resolution Approving the Final Acceptance of the 270th Street Reconstruction Project, West Trunk Sewer Project – Pay Application #5 – Maxwell Construction $40,035.36, Resolution Number 08-05, A Resolution Approving the Final Acceptance of the North Liberty Jordan Wells Project, Liquor License Application – LD Express Application to add carry-out wine to existing License, Recreation Center Revised Financial Assistance Request Form, December revenues, and the attached list of bills. After discussion, the vote was: ayes – Donahue, Wozniak, Chipman, Hoffman, Kuhl; nays – none. Motion carried.

Public Comment. No public comment was received.

City Attorney Report. City Attorney Peterson stated that he had nothing to report outside of the agenda items.

City Engineer Report. City Engineer Trom provided updates regarding ongoing city projects. The wastewater treatment plant project had no report. The next update meeting is scheduled for next Tuesday. Trom reported that the Penn-I380 project is moving forward with an expected March letting. The post construction ordinance is being presented to the Stormwater Board on February 6 and is expected to be presented to Council for the February 12 meeting. IDOT has contacted the city to start planning for the overpass on I380.

City Administrator Report. City Administrator Heiar discussed several issues with council. Moving meeting times to an earlier time was discussed. The consensus of council was to leave the meeting time at 7 p.m. to accommodate public input.
Staff has been spending a tremendous amount of time with the budget. The proposal will be presented to Council on February 19. Council will be setting the public hearing date on February 26 for the March 11 Council meeting.

Heiar reported on his day working at the Library. Heiar reminded Council that the Library and City Hall Expansion Committee will be hosting a design input meeting from 4 – 7 p.m. on January 23 for input from staff and the expansion committee.

Annexation and Accompanying Rezoning. City Planner Wheatley presented requests by multiple owners to annex certain properties in the north Highway 965 corridor, including Highway 965 and CRANDIC Railroad property adjacent to Highway 965. Includes the following properties:
• Paul Anderson property. Planning Commission has reviewed this rezoning and recommended approval, and City Council has held two readings on the case. It is currently awaiting third reading, pending completion of the annexation.
• Kay Nelson and Estate of Ronald G. Nelson property. Voluntary annexation and zoning to C-2-A (Highway Commercial district).
• Marcella LaVonne Riddle Raim and Delores Riddle Wagner property. Voluntary annexation and zoning to ID (Interim Development) to allow continued farming.
• Cedar Rapids and Iowa City Railroad Company (CRANDIC) property. Voluntary annexation and zoning to ID (Interim Development), to allow continued railroad operations.
• Pleasant Valley LP property. Nonconsenting annexation and zoning to ID (Interim Development).
• Highway 965 and Scales Bend Road rights of way. Annexation and zoning to center of right-of-way to match adjacent districts.

The public Hearing regarding requests for annexation and rezoning was opened at 7:15 p.m. Attorney Mike Pugh representing Kay Nelson and the estate of Ronald G. Nelson noted the name inaccuracy in the documents. The name will be corrected to the “Estate of Ronald G. Nelson” rather than “Robert G. Nelson.” No other public comments were received.

The Planning and Zoning Commission recommended approval of these applications. Staff concurred.

Hoffman moved, Kuhl seconded to approve Resolution Number 08-06, A Resolution Authorizing Applications of Various Owners to Annex Tracts of Ground to the City of North Liberty, Iowa. After discussion, the vote was: ayes – Hoffman, Chipman, Wozniak, Kuhl; nays – Donahue. Motion carried.

Kuhl moved, Wozniak seconded for approval of the first consideration of Ordinance Number 08-04, An Ordinance Amending the Zoning Ordinance to change the Use Regulations on Property Owned by Kay Nelson and the Estate of Ronald G. Nelson, Located in North Liberty, Iowa, to those set forth in the North Liberty Municipal Code for the C-2-A Highway Commercial District.

Donahue moved, Hoffman seconded to amend the motion to change C-2-A Highway Commercial to ID Interim Development. After discussion, the vote was: ayes – Donahue; nays – Wozniak, Kuhl, Hoffman, Chipman. Motion failed.

After discussion, the vote regarding first consideration of Ordinance 08-04 with the amendment of name to Ronald was: ayes – Kuhl, Wozniak, Chipman, Hoffman; nays – Donahue. Motion carried.

Donahue moved, Hoffman seconded to approve first consideration of Ordinance Number 08-05, An Ordinance Amending the Zoning Ordinance to change the Use Regulations on Property Owned by Marcella LaVonne Riddle Raim and Delores Riddle Wagner, Located in North Liberty, Iowa, to those set forth in the North Liberty Municipal Code for the ID (Interim Development) District. The vote was: ayes – Donahue, Hoffman, Kuhl, Chipman, Wozniak; nays — none. Motion carried.

Chipman moved, Kuhl seconded to approve first consideration of Ordinance Number 08-06, An Ordinance Amending the Zoning Ordinance to change the Use Regulations on Property Owned by the Cedar Rapids and Iowa City Railroad Company (CRANDIC) Located in North Liberty, Iowa, to those set forth in the North Liberty Municipal Code for the ID (Interim Development) District. The vote was: ayes – Chipman, Wozniak, Hoffman, Donahue, Kuhl; nays – none. Motion carried.

Hoffman moved, Donahue seconded to approve the first consideration of Ordinance Number 08-07, An Ordinance Amending the Zoning Ordinance to change the Use Regulations on Property Owned by Pleasant Valley LP, Located in North Liberty, Iowa, to those set forth in the North Liberty Municipal Code for the ID (Interim Development) District. The vote was: ayes – - Wozniak, Kuhl, Hoffman, Donahue, Chipman; nays – none. Motion carried.
Arlington Ridge Preliminary Plat Extension. The preliminary plat extension for Arlington Ridge was presented by Heiar. Donahue moved, Chipman seconded to approve Resolution Number 08-07, A Resolution Authorizing the Extension of the Preliminary Plat of Arlington Ridge to August 18, 2008. After discussion, the vote was: ayes – Kuhl, Hoffman, Donahue, Chipman, Wozniak; nays – none. Motion carried.

Ordinance Amendment – Temporary Storage Units. The ordinance amendment regarding Temporary Storage Units was presented by City Planner Wheatley. Discussion was held regarding the ordinance amendment.

The public hearing regarding the ordinance amendment was opened at 8:00 p.m. No public comments were received.

The Planning and Zoning Commission recommended approval of the ordinance amendment with the inclusion of language regarding containment on private property.

Kuhl moved, Wozniak seconded to approve the first consideration of Ordinance Number 08-08, An Ordinance Amending Title 17, Zoning Code, of the North Liberty Municipal Code Regarding Temporary, Portable storage Units. The vote was: ayes – Donahue, Kuhl, Chipman, Wozniak, Hoffman; nays – none. Motion carried.

Ordinance Amendment – Preliminary Plat Approval and Expiration. City Planner Wheatley presented the ordinance amendment regarding Preliminary Plat Approval and Expiration.

The public hearing regarding the ordinance amendment was opened at 8:10 p.m. No public input was
The Planning and Zoning Commission recommend approval of the amended ordinance with a thirty-six month term and 18 month term of extension.

Donahue moved, Hoffman seconded to approve the first consideration of Ordinance Number 08-09, An Ordinance Amending Title 16, Subdivision Code, of the North Liberty Municipal Code Regarding Preliminary Plat Approval and Expiration. After discussion, the vote was: ayes – Kuhl, Wozniak, Hoffman, Chipman, Donahue; nays – none. Motion carried.

Ordinance Amendment – Parking on West Cherry Street. The public hearing regarding the ordinance amendment to limit parking on West Cherry Street was opened at 8:20 p.m. No public input received.

Kuhl moved, Wozniak seconded to approve the first consideration of Ordinance Number 08-10, An Ordinance Limiting Parking on West Cherry Street. The vote was: ayes – Wozniak, Hoffman, Chipman, Donahue, Kuhl; nays – none. Motion carried.

Ordinance Amendment – Adding Essential Utility Uses to all Zoning Classifications. Kuhl moved, Chipman seconded to approve the second consideration of Ordinance Number 08-01, An Ordinance Amending Title 17, Zoning Code, of the North Liberty Municipal Code to allow Essential Utility Facilities in all Zoning Districts. The vote was: ayes – Hoffman, Chipman, Donahue, Kuhl, Wozniak; nays – none. Motion carried.

Ordinance Amendment – Outdoor Eating Accessory Uses. Kuhl moved, Hoffman seconded to approve the second consideration of Ordinance Number 08-02, An Ordinance Amending Title 17, Zoning Code, of the North Liberty Municipal Code Regarding Outdoor Eating Accessory Uses. The vote was: ayes – Chipman, Donahue, Kuhl, Wozniak, Hoffman; nays – none. Motion carried.

Ordinance Amendment – Regarding Design Standards for Development. Donahue moved, Wozniak seconded to approve the second consideration of Ordinance Number 08-03, An Ordinance Amending Title 17, Zoning Code, of the North Liberty Municipal Code Regarding Design Standards for Development. The vote was: ayes – Donahue, Kuhl, Wozniak, Hoffman, Chipman; nays – none. Motion carried.

Old Business. Councilor Kuhl presented information from the Chamber Banquet and the Speaker’s presenation about branding and regional planning.

New Business. Councilor Kuhl presented information about the legislative breakfast Saturday at Community Center at 7:30 a.m. Kuhl inquired regarding publicizing our snow emergencies. Kuhl asked if a temporary light would be possible at Golfview and Hwy. 965. Staff will examine this issue.

Councilor Hoffman reminded Council that tomorrow is the library expansion committee open house. Hoffman requested that the Comprehensive Facilities plan be discussed again soon.

Closed Session. At 8:35 p.m., Kuhl moved, Chipman seconded to move into closed session under 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.” The vote was: ayes – Donahue, Kuhl, Wozniak, Chipman, Hoffman; nays — none. Motion carried.

At 9:20 p.m., Kuhl moved, Hoffman seconded to return to open session. The vote was: ayes – Kuhl, Wozniak, Hoffman, Chipman, Donahue; nays – none. Motion carried.

Chipman moved to adjourn at 9:20 p.m. and Wozniak seconded. The vote was all ayes. Meeting adjourned.