July 12, 2007

 

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, July 12, 2007, at 7:00 p.m. in the council chambers of City Hall with Mayor Nieland presiding and the following council members present:  Rehn, Lammers, Pazour, and Adamson.  Absent:  Cram and Wagner.

 

The meeting was opened with the Pledge of Allegiance.

 

Moved by Adamson, seconded by Pazour to approve the consent calendar as follows:

 

Motion to approve Project Calendar related to Planning and Development Department payments, as follows:
a.      Resolution No. 19454 approving Partial Payment No. No. 10 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Hazard Substances) in the amount of $3,044.00.
b.      Resolution No. 19455 approving Partial Payment No. 10 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Petroleum Substances) in the amount of $2,513.00.
c.      Resolution No. 19456 approving Partial Payment No. 30 to East Central Iowa Council of Governments for administration of the 2003 Housing Rehabilitation Grant Program in the amount of $961.00.

Resolution No. 19457 setting public hearing for August 2, 2007 regarding the voluntary annexation request for property located at 4901 10^th Street (Virginia M. Duffy).

Motion to receive and file request to encroach in north-south alley adjacent to 1111 24^th Street to allow for parking trailer on paved surface (Matthew J. Kinley request).

Motion to approve Project Calendar regarding Engineering Department payments, as follows:

a.    Resolution No. 19458 approving Partial Payment No. 3 to Tschiggfrie Excavating regarding the U.S. 151/Iowa 13 and Iowa 100 Intersection Improvement Project in the amount of $53,229.81.

b.    Resolution No. 19459 approving Partial Payment No. 1 to City-Wide Construction Co. regarding the 2007 Curb Replacement Project in the amount of $62,907.62.

c.    Resolution No. 19460 approving Partial Payment No. 1 to L.L. Pelling Co. regarding the 2007 HMA Resurfacing Project in the amount of $266,341.28.

Motion to direct staff to solicit bids for the 2007 Sidewalk Ramp Repair Project.

Resolution No. 19461 accepting the Permanent Encroachment Agreement with James A. Reider and Cheri J. Mase-Reider, 2180 Daleview Drive, regarding the 2007 Sidewalk Assessment Project.

Motion directing staff to notify residents regarding the alignment of 35^th Street from Tower Terrace Road to Indian Creek Road.

Motion to receive and file and refer to TAC related to traffic on 6^th Avenue and requesting a stop sign on 1^st Street at 6^th Avenue (Dave Calhoun, 560 6^th Avenue).

Motion to approve the minutes of the June 19, 21 and 28, 2007 City Council meetings.

Motion to approve bills as presented in the amount of $235,473.59.

Resolution No. 19462 approving renewal application for a Class C Liquor permit with additional privilege for Sunday Sales for Broken Glass, inc. dba Castle Lanes.

Resolution No. 19463 approving an Outdoor Permit for Hy-Vee, Inc. dba Hy-Vee Food Store, 3600 Highway 151 East, License LE0000470 for a tent sale being held July 19-29, 2007.

Motion to receive and file Civil Service Eligibility List for entry level Police Officer.

Resolution No. 19464 of support for an interchange at Interstate 380 and Tower Terrace Road (City of Hiawatha).

All in favor of motion to approve the Consent Calendar, motion carried.

 

Ordinance No. 07-12 amending the Code of Ordinances regarding a request to rezone property located east of Alburnett Road, north of Randolph Road from Linn County “A” to A-1, Rural Restricted (City Initiated) was read by Rehn for final consideration.  Moved by Rehn, seconded by Lammers to approve the third reading of Ord. No. 07-12.  All in favor, motion carried.

Ordinance No. 07-15 amending Section 176.31 of the Marion Code of Ordinances regarding real estate signs (Cedar Rapids Area Association of Realtors) was read by Rehn for second consideration.  Moved by Rehn, seconded by Pazour to approve the second reading of Ord. No. 07-15.  All in favor, motion carried.

Moved by Lammers, seconded by Pazour to receive and file correspondence requesting 200 yard buffer zone between residential and commercially zoned property as well as request office space commercial related to amending Future Land Use Map of the Marion Comprehensive Plan (Kara and Todd Heying, 3155 Diamond Drive S.E., Cedar Rapids, IA 52403).  Planning and Development Director Tom Treharne noted that correspondence was received today from Karen Beard, 3010 Diamond Lane, Cedar Rapids, and Phillip and Lauri Seidl, 3011 Orrian Drive, opposing the proposed amendment to the Future Land Use Map of the Marion Comprehensive Plan.  Moved by Rehn, seconded by Pazour to amend the motion to also receive and file the correspondence from Karen Beard and Phillip and Lauri Seidl.  All in favor of motion as amended, motion carried.

Moved by Pazour, seconded by Lammers to receive and file petitions/letters objecting to amendment of Future Land Use Map of the Marion Comprehensive Plan to change the designation for property located south of Highway 100, west of East Post Road from Conservation Development to Commercial (David Kresnicka, 4400 Hickory Wind Lane et al, Kyle Skogman, 4757 Hickory Wind Lane; William Neppl, 2989 Diamond Lane, et al, Judy Hall, 385 Grand Avenue).  All in favor, motion carried.

Mayor Nieland opened the public hearing regarding request to amend the Future Land Use Map of the Marion Comprehensive Plan to change the designation for property located south of Highway 100, west of East Post Road from Conservation Development to Commercial (Ralph Potter, Robert Potter, Denise Potter, Boyd Potter and Barbara Potter request).  Planning and Development Director Tom Treharne presented the staff report.  He noted that the petitioner has requested to amend their application to change the Future Land Use Map of the Comprehensive Plan from Conservation Development to Office/High-Intensity Mixed Use.  City Manager Lon Pluckhahn noted that the Resolution will need to be amended if Council wants High Intensity Mixed Use designation.  Boyd Potter, 1900 East Post Road, spoke in favor of the land use change.  Patrick Cosgrove, 3140 Diamond Drive, Cedar Rapids, requested that action be deferred until the comprehensive plan is reviewed.  Les Marquart, 3130 30^th Street Drive SE, Cedar Rapids, expressed concern with flooding downstream if the property is developed.  Dr. David Kresnicka, 4400 Hickory Wind Lane, stated that he felt there would be a negative impact on the area.  Written correspondence was received from Kara and Todd Heying, 3155 Diamond Drive S.E., Cedar Rapids, Karen Beard, 3010 Diamond Lane, Cedar Rapids, and Phillip and Lauri Seidl, 3011 Orrian Drive, David Kresnicka, 4400 Hickory Wind Lane et al, Kyle Skogman, 4757 Hickory Wind Lane; William Neppl, 2989 Diamond Lane, et al, and Judy Hall, 385 Grand Avenue.  No other correspondence, written or verbal, was received.  Mayor Nieland declared the public hearing closed.

Resolution No. 19465 approving amendment to the Future Land Use Map of the Marion Comprehensive Plan to change the designation for property located south of Highway 100, west of East Post Road from Conservation Development to Office/High-Intensity Mixed Use (Ralph Potter, Robert Potter, Denise Potter, Boyd Potter and Barbara Potter request) was read by Adamson.  Moved by Adamson, seconded by Pazour to approve Res. No. 19465.  Roll Call:  Yeas:  None.  Nays:  Rehn, Nieland, Lammers, Pazour, and Adamson.  Motion failed.

Mayor Nieland opened the public hearing regarding request to rezone property located at the northeast corner of 31^st Street and Munier Road from A-1, Rural Restricted to R-2, Medium Density, Single-Family Residential, C-3, General Commercial and C-4, Warehouse/Commercial (Robin J. Holub request)  Planning and Development Director Tom Treharne presented the staff report.  Scott Peterson, attorney for Robin Holub, spoke in favor of the proposed rezoning.  Perry Jayne, 4485 Armar Drive, and Judy Hubbell, 2490 Hillview Drive, spoke in favor of the rezoning.  Tom Lammers, 2820 2^nd Avenue, spoke opposing the rezoning.  No other comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed. 

Ordinance No. 07-17 amending the Marion Code of Ordinances regarding a request to rezone property located at the northeast corner of 31^st Street and Munier Road from A-1, Rural Restricted to R-2, Medium Density, Single-Family Residential (Robin J. Holub request) was read by Rehn for initial consideration.  Moved by Rehn, seconded by Lammers to approve the first reading of Ord. No. 07-17.  Roll Call:  Yeas:  Nieland, Lammers, Pazour, and Rehn.  Nays:  Adamson.  Motion carried.

Ordinance No. 07-18 amending the Marion Code of Ordinances regarding a request to rezone property located at the northeast corner of 31^st Street and Munier Road from A-1, Rural Restricted to C-3, General Commercial (Robin J. Holub request) was read by Rehn for initial consideration.  Moved by Rehn, seconded by Lammers to approve the first reading of Ord. No. 07-18.  Moved by Rehn, seconded by Pazour to amend Ord. No. 07-18 amending the Marion Code of Ordinances regarding a request to rezone property located at the northeast corner of 31^st Street and Munier Road from A-1, Rural Restricted to C-3, General Commercial, with conditions, as presented by Scott Peterson, attorney for Robin Holub.  Moved by Rehn, seconded by Pazour to remand the request back to the Planning and Zoning Commission for their recommendation.  All in favor of motion to remand back to the Planning and Zoning Commission except Adamson, motion carried.

Ordinance No. 07-19 amending the Marion Code of Ordinances regarding a request to rezone property located at the northeast corner of 31^st Street and Munier Road from A-1, Rural Restricted to C-4, Warehouse/Commercial (Robin J. Holub request) was read by Lammers for initial consideration.  Moved by Lammers, seconded by Pazour to approve the first reading of Ord. No. 07-19.  All in favor except Adamson, motion carried.

Mayor Nieland opened the public hearing regarding the 2007 9^th Street/14^th Avenue Storm Sewer Reconstruction Project – Phase IV.  No comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed. 

Resolution No. 19466 accepting bids and awarding contract to Dave Schmitt Construction for the 2007 9^th Street/14^th Avenue Storm Sewer Reconstruction Project – Phase IV in the amount of $109,269.35 was read by Pazour.  Moved by Pazour, seconded by Rehn to approve Res. No. 19466.  All in favor, motion carried.

Resolution No. 19467 approving connecting sanitary sewer through railroad right-of-way (Triple E. Manufacturing, 3200 5^th Avenue) was read by Adamson.  Moved by Adamson, seconded by Rehn to approve Res. No. 19467.  All in favor, motion carried.

Ordinance No. 07-14 relating to the standards for the design of subdivisions was read by Rehn for final consideration.  Moved by Rehn, seconded by Pazour to approve the third reading of Ord. No. 07-14.  All in favor, motion carried.

Moved by Rehn, seconded by Lammers to receive and file petition to remove parking on 29^th Avenue east and west of its intersection with Edgebrooke Drive (Gene Korleski, 2905 Edgebrooke Drive, et al).  All in favor, motion carried.

Ordinance No. 07-20 amending Chapter 50 of the Code of Ordinances relating to defining a nuisance was read by Nieland for initial consideration.  Moved by Nieland, seconded by Pazour to approve the first reading of Ord. No. 07-20.  All in favor, motion carried.

Ordinance No. 07-21 related to dangerous wild animals was read by Rehn for initial consideration.  Moved by Rehn, seconded by Pazour to approve the first reading of Ord. No. 07-21.  All in favor, motion carried.

Moved by Lammers, seconded by Adamson to approve Waiver of Noise Ordinance/Hold Harmless Agreement for Dumas’s Outdoor Summer Party, 1803 6^th Avenue, on July 21, 2007 from 5:00 to 10:00 p.m.  All in favor except Lammers, motion carried.

Council Discussion:

            Mayor Nieland asked about review of design standards for 7^th Avenue, Highway 151, and Marion Boulevard.  Council Member Adamson asked that MEDCO be involved in the review. 

Mayor Nieland adjourned the meeting at 8:33 p.m.

 

____________________________
John B. Nieland, Mayor

 

Attest:

 

____________________________
Beth J. Little, Assistant City Clerk