February 7, 2008

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, February 7, 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, Spinks, Pazour, and Glew.  Absent:  None.

The meeting was opened with the Pledge of Allegiance.

Motion to receive and file Priorities Advisory Committee Capital Improvements Program recommendations.

Motion to approve the sale of an Engineering Department plotter to the Marion Water Department in the amount of $700.00.

Resolution No. 19738 authorizing purchase of engineering truck from Chezik-Bell Ford in the amount of $18,041.00.

Motion to approve the minutes of the January 15, 17, and 19, 2008 City Council meetings.

Motion to approve bills as presented in the amount of $480,489.10.  

Resolution No. 19739 approving renewal application for a Class C Liquor Permit with additional privilege for outdoor service, Sunday Sales and Catering for B & J Catering, Inc. dba Olde Indian Creeke Country Club.

Resolution No. 19740 approving renewal application for a Class C Liquor Permit with additional privilege for outdoor service and Sunday Sales for TEP, Inc. dba Cedar Rapids Bowling Center.

Resolution No. 19741 approving renewal application for a Class C Liquor Permit with additional privilege for outdoor service and Sunday Sales for Marion Post #298 The American Legion dba Marion Veterans Club.

Resolution No. 19742 approving renewal application for a Class E Liquor Permit with additional privilege for Carry Out Beer, Carry Out Wine and Sunday Sales for HY-VEE, Inc. dba HY-VEE Drugstore.

Resolution No. 19743 approving renewal application for a Class C Beer Permit with additional privilege for Carry Out Wine for Fareway Stores, Inc. dba Fareway Stores, Inc. #949.

Resolution No. 19744 approving renewal application for a Class C Liquor Permit with additional privilege for outdoor service and Sunday Sales for Libations, Inc. dba CT’s Bar & Grill.

Resolution No. 19745 approving renewal application for a Class C Beer permit with additional privilege for Carry Out Wine and Sunday Sales for Road Ranger, LLC dba Road Ranger #146.

Resolution No. 19746 approving renewal application for a Class C Beer Permit with additional privilege for Native Wine and Sunday Sales for Windmill Enterprises, LLC dba Foskel’s Food N Fuel.

Resolution No. 19747 approving a new application for a Class C Liquor Permit for Advanced Business Concepts, LLC dba Pitcher’s (620 Lindale Drive).

Resolution No. 19748 approving payment to Moody’s Investors Service relating to the 2007 General Obligation Bond Issue in the amount of $8,275.

Resolution No. 19749 setting public hearing for March 6, 2008 regarding the FY 08-09 budget.

Motion to receive and file revised cash flow for the period July 1, 2007 to June 30, 2008.

Resolution No. 19750 approving payment to Dorsey & Whitney for services related to the General Obligation Bond Issued for $5,000,000 in the amount of $9,791.40.

Motion to receive and file 2007 Fire Department Annual Report.

Motion to receive and file report regarding Governor’s Traffic Safety Bureau program and police patrol activities.

Resolution No. 19751 approving a renewal application for a special lunch permit allowing Cocktails permission to allow under age persons to enter their place of business for lunch during the hours of 11:00 a.m. and 3:00 p.m.

Resolution No. 19752 approving 28E Agreement with Patrol Officer Jason Schamberger regarding installation of a fence related to Police Department drug dog.

Resolution No. 19753 approving Partial Payment No. 1 to Linn County Conservation Board related to shared shooting range in the amount of $22,734.78.

Motion to receive and file request to mount informational monitor in south lobby (Marion Chamber of Commerce).

Motion to receive and file letter of resignation from Bob Klostermann from the Historic Preservation Commission.

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

Mayor Rehn opened the public hearing regarding a Development Agreement with Russell E. Miller, M & E Investments, LLC and Iowa Health Physicians Clinic authorizing tax increment rebates and pledging certain tax increment revenues to the payment of the Agreement  (2998 7^th Avenue).  Jim Lamb, Iowa Realty Commercial, reviewed the proposed project.  No other comments, written or verbal, were received.  Mayor Rehn declared the public hearing closed.

Resolution No. 19754 approving Development Agreement with Russell E. Miller, M & E Investments, LLC and Iowa Health Physicians Clinic authorizing tax increment rebates and pledging certain tax increment revenues to the payment of the Agreement (2998 7^th Avenue) was read by Sprague.  Moved by Sprague, seconded by Glew to approve Res. No. 19754.  All in favor, motion carried.

Mayor Rehn opened the public hearing regarding request to rezone property located at 241 13^th Street from C-4, Warehouse/Commercial to R-3, Two-Family Residential (Frank Reynolds request).  Planning and Development Director Tom Treharne stated that Mr. Reynolds is out of town.  Mr. Reynolds requested that the public hearing be continued to the February 21, 2008 Council meeting.  Moved by Pazour, seconded by Lammers to continue the public hearing to the February 21, 2008 Council meeting.  All in favor, motion carried.

Ordinance No. 08-02 amending the Code of Ordinances regarding request to rezone property located at 241 13^th Street from C-4, Warehouse/Commercial to R-3, Two-Family Residential (Frank Reynolds request, 111 19^th Street) was not brought to the table.

Motion to receive and file request to waive second and third readings of Ordinance No. 08-02 regarding request to rezone property located at 241 13^th Street from C-4, Warehouse/Commercial to R-3, Two-Family Residential (Frank Reynolds, 111 19^th Street) was not brought to the table.

Resolution No. 19755 approving the Final Plat and Memorandum of Agreement for Edgebrooke Sixth Addition in the City of Marion, Linn County, Iowa, located west of Beechwood Lane, north of Somerbrook Lane (Midwest Development Co.) was read by

Spinks.  Moved by Spinks, seconded by Adamson to approve Res. No. 19755.  All in favor, motion carried.

Resolution No. 19756 approving the Final Plat and Memorandum of Agreement for Holub’s Second Addition to the City of Marion, Linn County, Iowa, located east of 31^st Street, north of Munier Road (Robin J. Holub) was read by Pazour.  Moved by Pazour, seconded by Lammers to approve Res. No. 19756.  All in favor except Adamson, motion carried.

Moved by Sprague, seconded by Adamson to authorize Public Services Department to purchase additional salt/sand for FY 07-08.  All in favor, motion carried.

Resolution No. 19757 approving purchase of Police Department Mobile Data Computer Replacements from Vateck Communication Product in the amount of $84,791.50 was read by Adamson.  Moved by Adamson, seconded by Sprague to approve Res. No. 19757.  All in favor, motion carried.

Ordinance No. 08-03 amending Chapter 120 of the Code of Ordinances relating to persons being upon licensed premises after closing and providing penalties was read by Lammers for initial consideration.  Moved by Lammers, seconded by Glew to approve the first reading of Ord. No. 08-03.  All in favor, motion carried.

Moved by Spinks, seconded by Pazour to reschedule hearing regarding VIP liquor license violation to February 21, 2008.  All in favor, motion carried.

Mayor Rehn recommended the following appointments:

Civil Service Commission:

Fred Weber, 3005 16^th Avenue, term expires 04-01-10.

29^th Avenue Sub Area Plan Advisory Committee – no terms:

Craig Adamson, City Council Representative
Frank Bellon, Residential Developer
Dave Nicholson, Linn Mar School
Bill Bogert – MEDCO
JD Schlotterback – Marion Chamber of Commerce
Rick Krusie – Resident
Drew Westburg – Corridor MPO Representative
Terry Jackson – Fire Department
Kirk Weih – Property Owner

Moved by Lammers, seconded by Pazour to concur with the Mayor’s recommendations.  All in favor, motion carried.

Council Discussion:
           Council Member Pazour stated that she has received complaints about the new sign at the McDonald’s.  She said motorists feel it is distracting. 
           Council Member Glew thanked the Public Services Department for their snow removal efforts during the snowstorm on February 5^th and 6^th. 
           Council Member Sprague noted that the Marion Wal-Mart was named the outstanding Wal-Mart in the nation.
           Council Member Adamson thanked the Public Services Department for all their work during the recent snowstorm. 
           Council Member Pazour thanked her neighbors for plowing the snow at her home this week.

Mayor Rehn adjourned the meeting at 7:40 p.m.

_________________________________

Paul E. Rehn, Mayor

Attest:

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Beth J. Little, Assistant City Clerk