January 19, 2006

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, January 19, 2006, at 7:00 p.m. in the council chambers of City Hall with Mayor Nieland presiding and the following council members present:  Cram, Wagner, Rehn, Lammers, and Pazour.  Absent:  Adamson.

The meeting was opened with the Pledge of Allegiance.

Council Member Adamson arrived at 7:02 p.m.

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

Motion to receive and file request regarding use of Brownfield Assessment Funds (Howard Hessman for 2075 and 2175 7^th Avenue).

Motion to receive and file correspondence regarding the award of a Certified Local Government Grant (CLG) in the amount of $12,000 for completion of Historic Survey and Evaluation of Downtown Marion (State Historical Society of Iowa).

Motion to approve Project Calendar regarding Planning and Development payments, as follows:
a.    Resolution No. 18578 approving Payment No. 2 related to Housing Rehabilitation Grant – Project No. 6 for relocation assistance in the amount of $400.00.
b.     Resolution No. 18579 approving Payment No. 3 related to Housing Rehabilitation Grant – Project No. 6 to RJ Construction in the amount of $7,373.00.
c.      Resolution No. 18580 approving Payment No. 4 related to Housing Rehabilitation Grant – Project No. 6 to RJ Construction in the amount of $3,645.00.
d.      Resolution No. 18581 approving Payment No. 23 to Howard R. Green Company for services related to Brownfield Assessment Grant in the amount of $360.50.
e.      Resolution No. 18582 approving Partial Payment No. 4 to Flat Earth Planning for services related to the Zoning Ordinance Update in the amount of $2,820.00.
f.      Resolution No. 18583 approving payment from Winslow Road Tax Increment Financing Fund to Aging Services for reimbursement of work associated with Chore Services Program in the amount of $1,163.08.
g.      Resolution No. 18584 approving Partial Payment No. 13 to East Central Iowa Council of Governments for administration of the Housing Rehabilitation Program in the amount of $1,488.00.

Motion to receive and file request regarding regulating mailboxes (Kim McCarty, Postmaster).

Motion to receive and file and refer to the Planning and Zoning Commission Edgebrooke Fifth Addition Preliminary Plat, located east of Indian Creek Road, south of 29^th Avenue (Midwest Development Co.).

Motion to approve Project Calendar regarding Engineering payments, as follows:
a.     Resolution No. 18585 approving Partial Payment No. 14 to Anderson-Bogert Engineers, Inc. for engineering services regarding the Dry Creek Regional Basin Project in the amount of $5,000.00.
b.     Resolution No. 18586 approving Partial Payment No. 2 to Skogman Homes for reimbursement regarding the construction of an oversized public detention basin located in Bowman Woods Unit 33 Addition in the amount of $21,905.50 (Brentwood Basin).

Resolution No. 18587 approving compensation settlement agreement related to Indian Creek Sanitary Sewer Extension Project (Richard A. and Carol C. Patterson).

Resolution No. 18588 approving sale of two and one-half ton dump truck (No. 51) to Rathje Construction in the amount of $15,500.

Resolution No. 18589 approving purchase of wireless communications package related to traffic signals at Wal-Mart on Business Highway 151 and Highway 13 from Traffic and Transportation in the amount of $47,188.00.

Motion to receive and file 2005 Building Inspection Department Annual Report.

Motion to approve the minutes of the January 3 and 5, 2006 City Council meetings.

Motion to approve bills as presented in the amount of $1,170,261.14.

Resolution No. 18590 approving payment to Public Financial Management in the amount of $14,213.70 for professional fees in connection with the General Obligation Corporate Purpose Bonds, Series 2005.

Resolution No. 18591 approving renewal application for a Class C Liquor permit with additional privilege for Sunday Sales for Regina Ray Saldana dba Gi Gi’s Place.

Resolution No. 18592 approving new application for a Class C Beer permit with additional privilege for Sunday Sales for Murphy Oil USA, Inc. dba Murphy Oil USA #7287, 5497 Business Highway 151.

Motion to approve cigarette permit for Murphy Oil USA, Inc. dba Murphy Oil USA #7287, 5497 Business Highway 151.

Motion to receive and file audit report and 2005 Annual Report of Activities for the Marion Water Department.

Resolution No. 18593 authorizing submission of grant applications to Iowa Governor’s Traffic Safety Bureau Intoxicated Driver Prevention Program in the amount of $14,500.00.

Motion to approve Project Calendar related to Lowe Park Art and Environment Center, as follows:
a.     Resolution No. 18594 approving Change Order No. 6 to Miron Construction for Lowe Park Art and Environment Center in the amount of an increase of $4,164.00.
b.     Resolution No. 18595 approving Partial Payment No. 6 to Miron Construction for Lowe Park Art and Environment Center in the amount of $118,220.98.
c.     Resolution No. 18596 approving proposal from RDG Dahlquist Art Studio for artistic elements for the Lowe Park Art and Environment Center in the amount of $20,000.

Motion to receive and file request for funding in the amount of $500 for “Fifteen in Five” Cedar-Iowa Rail Transit Project (Bill Hoekstra, Five Seasons Transportation Department).

Motion to receive and file request for funding from Area Substance Abuse Council.

Motion to approve Project Calendar regarding the 2005 City Hall Construction Project, as follows:
a.     Resolution No. 18597 approving Partial Payment No. 3 to Kleiman Construction related to the 2005 City Hall Construction Project in the amount of $241,658.15.
b.     Resolution No. 18598 approving Partial Payment No. 3 to Terracon for services related to the 2005 City Hall Construction Project in the amount of $1,054.00.
c.     Resolution No. 18599 approving Partial Payment No. 1 to Howard R. Green Company related to 2005 City Hall Construction Project related to dais redesign in the amount of $2,500.
d.     Resolution No. 18600 approving Partial Payment No. 4 to Howard R. Green Company related to 2005 City Hall Construction Project for construction site services in the amount of $3,000.00.

Motion to receive and file resignation of Pam Hobbs from the CIPA Committee and Sheryl Knodle from the Tree Board.

Motion to receive and file Departmental Monthly Reports for December 2005.

Motion to receive and file request for FY 06-07 Hotel-Motel Funding from the Cedar Rapids Area Convention and Visitors Bureau.

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

Resolution No. 18601 approving and adopting of the Central Corridor Strategic Plan as recommended by Brownfield Steering Committee was read by Adamson.  Moved by Adamson, seconded by Pazour to approve Res. No. 18601.  All in favor, motion carried.

Resolution No. 18602 approving contract with Howard R. Green Company to complete work associated with the 2005 City EPA Brownfield Cleanup Grant in the amount of $192,000.00 was read by Cram.  Moved by Cram, seconded by Wagner to approve Res. No. 18602.  All in favor, motion carried.

Mayor Nieland opened the public hearing regarding request to rezone property located north of East Robins Road east of Mulberry Drive from Linn County “A” to R-2, Medium Density Single-Family Residential (Katherine E. Kloubec et. al.).  Planning and Development Director Tom Treharne presented the staff report.  Dustin Kern, Arcon Developers 7625 Metro Boulevard, Suite 350, Edina, MN, spoke in favor of the project.  Arcon Developers will be developing the property.  No other comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Ordinance No. 06-01 amending the Code of Ordinances regarding rezoning of property located north of East Robins Road east of Mulberry Drive from Linn County “A” to R-2, Medium Density Single-Family Residential (Katherine E. Kloubec et. al.) was read by Wagner for initial consideration.  Moved by Wagner, seconded by Cram to approve the first reading of Ord. No. 06-01.  Planning and Development Director Tom Treharne and City Engineer Dan Whitlow reviewed the timetable for the retention basin.  Jay Quimby, 3351 Mulberry Drive, presented an aerial photograph of the area.  Moved by Pazour, seconded by Lammers to receive and file the photograph.  All in favor, motion carried.  All in favor of motion to approve the first reading of Ord. No. 06-01, motion carried.

Moved by Rehn, seconded by Cram to approve the Project Calendar related to the 2006 Orrian Drive Draintile Project, as follows:
a.    Motion to retain the City Engineer as Project Engineer related to the 2006 Orrian Drive Draintile Project.
b.    Resolution No. 18603 approving Resolution of Necessity related to the 2006 Orrian Drive Draintile Project.
c.    Resolution No. 18604 ordering preparation of detailed plans and specifications, notice of hearing, notice to bidders, form of contract and estimate of cost related to the 2006 Orrian Drive Draintile Project.
All in favor of motion to approve the Project Calendar, motion carried.

Moved by Lammers, seconded by Pazour to approve the 2006 HMA Overlay and Curb Replacement Project locations.  All in favor, motion carried.

Moved by Pazour, seconded by Rehn to receive and file and refer to TAC, the following:
a.     Request for traffic signage at 3^rd Avenue/18^th Street.
b.     Request for no parking on the east side of 3^rd Street between 5^th and 6^th Avenues (John Marlin, 313 6^th Avenue).
Moved by Pazour, seconded by Wagner to amend the motion to withdraw Mr. Marlin’s request from the motion to refer to TAC.  All in favor of amendment, motion carried.  All in favor of motion as amended except Wagner, motion carried.

Resolution No. 18605 approving purchase of a used boom truck from Truck Equipment in the amount of $61,843.00 was read by Adamson.  Moved by Adamson, seconded by Pazour to approve Res. No. 18605.  All in favor, motion carried.

Mayor Nieland recommended the following appointments:
     Cedar Rapids/Linn County Solid Waste Agency:
             Charlie Kress, 2745 Heather View Circle
      Tree Board:
             Mary Clark, 1280 McGowan Boulevard
Moved by Rehn, seconded by Pazour to concur with the Mayor’s recommendations.  All in favor, motion carried.

Council Discussion Time: