February 16, 2006

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, February 16, 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, Pazour, and Adamson.  Absent:  None.

The meeting was opened with the Pledge of Allegiance.

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

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

Motion to approve Project Calendar regarding Engineering Department payments, as follows:
a.           Resolution No. 18632 approving Partial Payment No. 3 to Anderson-Bogert Engineers, Inc. for engineering services regarding the 2004 9^th Street/14^th Avenue Storm Project – Phase III in the amount of $1,208.10.
b.           Resolution No. 18633 approving Partial Payment No. 4 to Anderson-Bogert Engineers, Inc. for engineering services regarding the U.S. 151/Iowa 13 and Iowa 100 Intersection Improvement Project in the amount of $4,904.50.
c.           Resolution No. 18634 approving Partial Payment No. 1 to Veenstra and Kimm, Inc. for engineering services regarding the Squaw Creek Basin Flood Map Revisions in the amount of $3,933.56.

Resolution No. 18635 approving amendment to contract with Anderson Bogert Engineering related to the Dry Creek Regional Detention Basin in the amount of $9,450.

Motion to approve the minutes of the January 31 and February 2, 2006 City Council meetings.

Motion to approve bills as presented in the amount of $478,502.28.

Resolution No. 18636 approving renewal application for a Class C Liquor permit with additional privilege for Outdoor and Sunday Sales for Libations, Inc. dba CT’s Bar & Grill.

Resolution No. 18637 approving renewal application for a Class C Beer permit with additional privilege for Carryout Wine for Fareway Stores, Inc. dba Fareway Stores, Inc. #949.

Resolution No. 18638 accepting waiver of hearing and consent to penalty and imposing the penalties established in Section 453A.22(2)(b) of the Code of Iowa (HY-VEE Drugstore).

Resolution No. 18639 approving renewal of risk insurance for Police and Fire Departments from National Union Fire Insurance Company in the amount of $12,730.00.

Resolution No. 18640 approving revised reimbursement agreement with Area Ambulance Service.

Motion to approve Project Calendar related to the 2005 City Hall Project, as follows:
a.     Resolution No. 18641 approving Partial Payment No. 4 to Terracon for services related to the 2005 City Hall Project in the amount of $1,768.45.
b.     Resolution No. 18642 approving Partial Payment No. 4 to Kleiman Construction for services related to the 2005 City Hall Project in the amount of $155,423.80.
c.     Resolution No. 18643 approving Partial Payment No. 1 to Kleiman Construction for storm sewer replacement related to the 2005 City Hall Project in amount of $19,090.25.

Motion to receive and file Departmental Monthly Reports for January 2006.

Motion to receive and file correspondence from Rhonda Buick, 1962 Galway Drive.

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

Larry Niegowski, Project Architect with Howard R. Green Company, presented a report to City Council regarding plans for a raised dais for Council Chambers in the new city hall.  Council agreed that the dais should be raised and that the staff should have separate tables.  The architect will solicit a cost proposal from the contractor. 

Resolution No. 18652 awarding contract for Voice Over Internet Platform telephone system for new city hall to Erb’s Business Systems in the amount of $46,495.00 was read by Adamson.  Moved by Adamson, seconded by Pazour to approve Res. No. 18652.  All in favor, motion carried.

Moved by Pazour, seconded by Lammers to approve the Project Calendar regarding Katherine Kloubec rezoning request, as follows:
a.    Motion to receive and file request to waive final consideration of Kloubec rezoning request for property located north of East Robins Road east of Mulberry Drive from Linn County “A” to R-2, Medium Density Single-Family Residential (Dustin Kern, Arcon Development, contract purchaser of Katherine E. Kloubec property request).
b.    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.).  Second consideration.
All in favor of motion to approve the Project Calendar, motion carried.

Moved by Pazour, seconded by Rehn to suspend the rules and place Ord. No. 06-01 on the agenda for adoption and to adopt Ord. No. 06-01.  All in favor, motion carried.

Resolution No. 18644 approving revised Highview Addition Preliminary Plat, located north of East Robins Road east of Mulberry Drive (Dustin Kern, Arcon Development) was read by Adamson.  Moved by Adamson, seconded by Rehn to approve Res. No. 18644.  Planning and Development Director Tom Treharne presented the staff report.  Dustin Kern, Arcon Developers, 7625 Metro Boulevard, Suite 350, Edina, Minnesota, responded to questions regarding buffering of the existing development to the east.  All in favor, motion carried.

Resolution No. 18645 approving waiver of the subdivision requirements to allow the issuance of one building permit for Lot 10, Creekview Addition Final Plat, located east of Grand Avenue extended between Hillview and Valleyview Drives (Primus Construction, Inc.) was read by Cram.  Moved by Cram, seconded by Pazour to approve Res. No. 18645.  Planning and Development Director Tom Treharne presented the staff report.  All in favor except Lammers, motion carried.

Moved by Wagner, seconded by Rehn to approve the Project Calendar for the 2006 19^th Avenue Reconstruction Project, as follows:
a.     Motion to retain the City Engineer as Project Engineer regarding the 2006 19^th Avenue Reconstruction Project.
b.     Resolution No. 18646 approving Resolution of Necessity for the 2006 19^th Avenue Reconstruction Project.
c.     Resolution No. 18647 ordering preparation of detailed plans, specifications, notice of hearing, notice to bidders, form of contract and estimate of cost for the 2006 19^th Avenue Reconstruction Project.
d.     Resolution No. 18648 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost for the 2006 19^th Avenue Reconstruction Project.
e.     Motion to receive and file and accept petition and waiver related to the 2006 19^th Avenue Reconstruction Project (Steve Emerson).
All in favor of motion to approve the Project Calendar, motion carried.

Moved by Rehn, seconded by Wagner to receive and file and refer to TAC request for crosswalks in the 1000 block of 35^th Street and Linden Drive (crossing from 1055 Linden Drive west to Fareway and east to Hy-Vee) (Linn-Mar Success Center students and staff).  All in favor, motion carried.

Mayor Nieland opened the public hearing regarding the Master Trails Plan.  Parks Director Richard Fox presented the staff report.  No other comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Resolution No. 18649 adopting Master Trails Plan was read by Lammers.  Moved by Lammers, seconded by Pazour to approve Res. No. 18649.  All in favor, motion carried.

Moved by Pazour, seconded by Lammers to approve the Project Calendar regarding Lowe Park Art and Environment Center, as follows:
a.     Resolution No. 18650 approving Change Order No. 7 to Miron Construction related to the Lowe Park Art and Environment Center in the amount of $14,940.06.
b.     Resolution No. 18651 approving Partial Payment No. 7 to Miron Construction related to Lowe Park Art and Environment Center in the amount of $193,031.44.
All in favor of motion to approve the Project Calendar, motion carried.

City Manager Jeff Schott reviewed the quarterly report regarding City Council Action Plan with the City Council.

Council Discussion Time:
          Council Member Lammers asked about corrections to the proposed FY 06-07 budget that were distributed tonight. 
          Council Member Adamson expressed appreciation for the representatives from Arcon Development who drove from Minnesota to be at tonight’s meeting.
          Council Member Cram stated that the Public Services Department did a great job plowing snow from today’s storm.

Mayor Nieland adjourned the meeting at 7:51 p.m.