January 17, 2008

 

 

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, January 17, 2008, at 7:00 p.m. in the council chambers of City Hall with Mayor Rehn presiding and the following council members present:  Sprague, Adamson, Lammers, Pazour, and Glew.  Absent:  None.

 

The meeting was opened with the Pledge of Allegiance.

 

Council Member Glew requested that Resolution No. 19732, approving proposal from Altorfer Power Systems related to maintenance of city hall generator, be removed from the consent calendar for separate consideration.

Moved by Pazour, seconded by Lammers to approve Consent Calendar, as follows:

Motion to approve Project Calendar related to Planning and Development Department payments, as follows:

                    a.       Resolution No. 19721 approving Partial Payment No. 1 to Howard R. Green Company for services related to the 2007 EPA Brownfield Cleanup Grant in the amount of $2,525.30.

                    b.       Resolution No. 19722 approving Partial Payment No. 21 to Howard R. Green Company for services related to the 2005 EPA Brownfield Cleanup Grant in the amount of 791.25.

                    c.       Resolution No. 19723 approving Partial Payment No. 16 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Petroleum Substances) in the amount of $3,527.50.

                    d.       Resolution No. 19724 approving Partial Payment No. 16 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Hazardous Substances) in the amount of $8,291.31.

                    e.       Resolution No. 19725 approving Partial Payment No. 5 to East Central Iowa Council of Governments for administrative services related to a Community Development Block Grant Program Economic Development Set-Aside Project (Launch Kwik Way, Inc.) in the amount of $245.00.

                      f.       Resolution No. 19726 approving Partial Payment No. 37 to East Central Iowa Council of Governments for administration of the 2003 Housing Rehabilitation Grant Program in the amount of $1,078.00.

Resolution No.19727 setting public hearing for February 7, 2008 regarding a Development Agreement with Russell E. Miller, M & E Investments, LLC and Iowa Health Physicians Clinic (2998 7^th Avenue) for tax increment financing (TIF) incentives.

Motion to receive and file Highview Second Addition Final Plat, extending Newcastle Road north of East Robins Road (Highview Marion, Inc.).

 

Resolution No. 19728 approving Partial Payment No. 16 to Shive Hattery Inc. for engineering services regarding the 29^th Avenue Extension Project in the amount of $37,333.66.

Motion to remove Business Highway 151/Squaw Creek Culvert Project from the current Capital Improvements Program.

Motion to approve the minutes of the January 8 and 10, 2008 City Council meetings.

Motion to approve bills as presented in the amount of $366,224.19.

Resolution No. 19729 approving renewal application for a Class C Liquor Permit with additional privilege for outdoor service, Sunday Sales and Catering for American Skillet, Inc. dba CIBO.

Resolution No. 19730 approving revised fee schedule for sidewalk snow and ice removal.

Resolution No. 19731 approving three-year contract with Schumacher Elevator Company related to maintenance of city hall elevator.

Motion to receive and file correspondence regarding snow emergencies (Pam Couser, 4521 Lantern Court).

Motion to receive and file correspondence from Friends of the Marion Parks supporting splash pad at Ascension Park. 

Motion to approve Departmental Monthly Reports for December 2007.

All in favor of motion to approve the consent calendar, motion carried.

 

Resolution No. 19732 approving proposal from Altorfer Power Systems related to maintenance of city hall generator was read by Glew.  Moved by Glew, seconded by Pazour to place Res. No. 19732 on the table for discussion.  Council Member Glew asked about the cost of the proposal.  City Manager Lon Pluckhahn reviewed the proposal.  He asked that the proposal be approved subject to final approval from the City Attorney.  Moved by Glew, seconded by Adamson to approve Res. No. 19732 subject to final approval from the City Attorney.  All in favor, motion carried.

Moved by Lammers, seconded by Pazour to approve Rules of Procedures for appointment of new Council Member.  All in favor, motion carried.

Presentations were made by Candidates for Council Member Second Ward vacancy  (Joe Spinks and Cheryl Tharp).  Council Members asked questions of each candidate.

The City Council then proceeded to vote on filling the vacancy pursuant to the previously adopted rules. 

Balloting for the appointment of Council Member Second Ward:

 

Results of Ballot No. 1:  Sprague, Lammers, and Pazour voted for Spinks.  Rehn, Glew, and Adamson voted for Tharp.  Candidates Spinks and Tharp each received three votes.  The rules call for a re-ballot in the case of a tie.

 

Results of Ballot No. 2:  Sprague, Lammers, and Pazour voted for Spinks.  Rehn, Glew, and Adamson voted for Tharp.  Candidates Spinks and Tharp each received three votes.  The rules call for a second re-ballot in the case of a tie.

 

Results of Ballot No. 3:  Sprague, Lammers, and Pazour voted for Spinks.  Rehn, Glew, and Adamson voted for Tharp.  Candidates Spinks and Tharp each received three votes.  The rules call for the Mayor to draw a name at random.  The rules state that the City Council shall then proceed to consider passage of a resolution of appointment with the name of the candidate drawn by the Mayor.

 

Drawing of the name:  Mayor Rehn drew the name of Candidate Joe Spinks.

 

Resolution No. 19733 making an appointment of Joe Spinks to fill the existing vacancy on Marion City Council (Second Ward Council Member) was read by Lammers.  Moved by Lammers, seconded by Pazour to approve Res. No. 19733.  All in favor, motion carried.

Mayor Rehn administered the Oath of Office to newly appointed Ward Two Council Member Joe Spinks.  Council Member Spinks was immediately seated on the Council.

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 Glew for final consideration.  Moved by Glew, seconded by Pazour to approve the third reading of Ord. No. 07-17.  All in favor 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 Sprague for final consideration.  Moved by Sprague, seconded by Lammers to approve the third reading of Ord. No. 07-19.  All in favor except Adamson, motion carried.

Ordinance No. 07-32 amending the Marion Code of Ordinances regarding a request to rezone property located east of 31^st Street, north of Munier Road from A-1, Rural Restricted to PD-C, Planned Development – Commercial (Robin Holub request) was read by Adamson for final consideration.  Moved by Adamson, seconded by Sprague to approve the third reading of Ord. No. 07-32.  All in favor except Sprague and Adamson, motion carried.

Ordinance No. 07-33 amending Chapter 176 of the Marion Code of Ordinances regulating placement and operation of wind energy conservation systems was read by Lammers for final consideration.  Moved by Lammers, seconded by Pazour to approve the third reading of Ord. No. 07-33.  All in favor, motion carried.

Moved by Spinks, seconded by Glew to approve the Project Calendar for the 2008 Brookside Drive Sanitary Sewer Extension Project, as follows:

                          a.      Motion to retain the City Engineer as Project Engineer regarding the 2008 Brookside Drive Sanitary Sewer Extension Project.

                          b.      Resolution No. 19734 approving Resolution of Necessity regarding the 2008 Brookside Drive Sanitary Sewer Extension Project.

                          c.      Resolution No. 19735 ordering preparation of detailed plans, specifications, notice of hearing and letting, notice to bidders, form of contract, and estimate of cost regarding the 2008 Brookside Drive Sanitary Sewer Extension Project.

                          d.      Resolution No. 19736 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract, and estimate of cost regarding the 2008 Brookside Drive Sanitary Sewer Extension Project.

Moved by Sprague, seconded by Adamson to table the Project Calendar.  Roll Call on motion to table:  Yeas:  Sprague and Adamson.  Nays:  Lammers, Rehn, Spinks, Pazour, and Glew.  Motion failed.  Roll Call on Project Calendar as originally read:  Yeas:  Lammers, Rehn, Spinks, Pazour, and Glew.  Nays:  Sprague and Adamson.  Motion carried.

Mayor Rehn stated that a settlement was reached in regard to the tobacco violation (Hy-Vee Drugstore, 2790 7^th Avenue – Dan Strait, Store Director) so the hearing would not be necessary tonight and Resolution No. 19737 related to tobacco violation (Hy-Vee Drugstore, 2790 7^th Avenue – Dan Strait, Store Director) can be removed from the agenda.

Ordinance No. 07-34 amending Chapter 120 of the Code of Ordinances and prohibiting boxing, wrestling, martial arts fighting or similar contests in establishments holding liquor licenses and/or wine or beer and providing penalties was read by Glew for final consideration.  Moved by Glew, seconded by Pazour to approve the third reading of Ord. No. 07-34.  All in favor, motion carried.

Ordinance No. 08-01 amending Chapter 40 relating to disorderly houses was read by Sprague for second consideration.  Moved by Sprague, seconded by Adamson to approve the second reading of Ord. No. 08-01.  All in favor, motion carried.

 

Moved by Pazour, seconded by Lammers to suspend the rules and place Ord. No. 08-01 on the agenda for adoption and to adopt Ord. No. 08-01.  All in favor, motion carried.

 

Moved by Adamson, seconded by Glew to receive and file request regarding funding related to plasma arc technology (wastenotIOWA, Inc.).  All in favor, motion carried

Mayor Rehn recommended the appointment of Kim McCarty to the Regional Planning Commission with term to expire 12/31/2010.  Moved by Lammers, seconded by Pazour to concur with the Mayor’s recommendation.  All in favor, motion carried.

Mayor Rehn noted that the appointment to the Civil Service Commission with term to expire 04/01/2010 will be made at the next Council meeting.

 

Council Discussion:
           Council Member Sprague thanked Council for allowing him to share his opinions on the Brookside Drive project.  He also thanked the Public Services Department for picking up the limbs from the ice storm.
           Council Member Adamson thanked the Public Services Department for the great job they did on snow removal today. 
           Mayor Rehn thanked the Public Services Department for snow removal and limb pickup.  He suggested that Council Members take the opportunity to ride with the snow plow drivers. 
           Council Member Glew stated that he is excited about the Council Budget Workshop scheduled for Saturday.
           Council Member Spinks asked for information on the State of the City address.  Mayor Rehn noted that it is scheduled for Monday, January 28^th at 11:45 at the Longbranch.   He noted that reservations are necessary.
           Council Member Pazour asked that TAC review the intersection of 18^th Street and 3^rd Avenue.  She would like stop signs installed at the intersection.
           Council Member Adamson requested that the Mayor ask the Cedar Rapid Gazette and Marion Times to publish an article about the survey being done on the future land use planning in the Central Corridor.  He noted that the public has the opportunity to provide input by completing a survey on the City’s website (www.cityofmarion.org) 

 

Mayor Rehn adjourned the meeting at 8:31 p.m.

 

 

____________________________
Paul E. Rehn, Mayor

 

 

Attest:

 

 

 

 

____________________________
Beth J. Little, Assistant City Clerk