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Council Minutes - March 2, 2006

Submitted by City Administration on Fri, 03/03/2006 - 1:00pm. City Clerk

March 2, 2006

 

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, March 2, 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 Wagner, seconded by Lammers to approve the consent calendar as follows:

Motion to approve Project Calendar regarding Planning and Development payments, as follows:
a.           Resolution No. 18653 approving Partial Payment No. 14 to East Central Iowa Council of Governments for administration of the Housing Rehabilitation Program in the amount of $2,736.00.
b.           Resolution No. 18654 approving Payment No. 25 to Howard R. Green Company for services related to Brownfield Assessment Grant in the amount of $2,614.25.
c.           Resolution No. 18655 approving Payment No. 1 to Howard R. Green Company for services related to 2004 Brownfield Cleanup Grant in the amount of $7,583.25.

Resolution No. 18656 setting the public hearing for March 16, 2006 regarding the rezoning of property located at 1080 East Post Road from C-1, Neighborhood Commercial to C-3, General Commercial (F.S. Investment, Inc.).

Resolution No. 18657 setting March 16, 2006 as the date of the public hearing regarding status of Community Development Block Grant (CDBG) funded activities for owner-occupied housing rehabilitation.

Motion to receive and file and refer to the Planning and Zoning Commission, as follows:
a.     Preliminary Site Development and Final Site Development Plan for property located east of 35th Street, north of Munier Road (Gary Holub).
b.     The Coves at English Glen First Addition Final Plat and Final Development Plan for property located north of 29th Avenue, east of 35th Street (Joseph N. and Susan E. Geelan).
c.     Rezoning request from C-1, Neighborhood Commercial to C-3, General Commercial for property located at 1080 East Post Road (F.S. Investment, Inc.).
d.     Oakbrook Second Addition Final Plat, located north of Highway 100, west of East Post Road (Menard Inc).
e.     Rezoning Request from R-2, Single-Family Residential and R-3, Two Family Residential, to RT-1, Residential Transitional for property located at 600 10th Avenue (City of Marion, owner/Jerry Blazek, purchaser).

Motion consenting to filing of rezoning request regarding City-owned property located at 600 10th Avenue (Jerry Blazek Request).

Resolution No. 18658 approving payment to JPM Enterprises, Inc. for reimbursement for over-width and over-depth of pavement relating to Winslow Road associated with the Winslow Heights 1st and 2nd Additions to the City of Marion in the amount of $41,222.43.

Motion to receive and file request to close off street and bag traffic signals at Highway 100 and Oak Lane (Kim Greene, 1295 F Avenue).

Motion to receive and file Civil Service Commission eligibility list for Building Inspector.

Motion to approve the minutes of the February 11, 14, and 16, 2006 City Council meetings.

Motion to approve bills as presented in the amount of $772,032.14.

Resolution No. 18659 approving renewal application for a Class C Liquor permit with additional privilege for Sunday Sales for Prairie Hill Pavilion Inc. dba Prairie Hill Pavilion Inc.

Resolution No. 18660 approving renewal application for a Class B Beer permit for E.T. Maid-Rite, Inc. dba Marion Maid-Rite.

Resolution No. 18661 approving renewal application for a Class C Liquor permit with additional privilege for Sunday Sales for Huntington, L.L.C. dba Huntington Restaurant.

Resolution No. 18662 approving new application for a Class C Liquor permit with additional privilege for Outdoor and Sunday Sales for Wrigleyville, Inc. dba Wrigleyville, 1899 7th Avenue (Formerly Horseless Carriage).

Resolution No. 18663 approving contract with Clifton Gunderson LLP to perform the annual audit for the year ended June 30, 2006.

Motion to receive and file 2005 Police Department Annual Report.

Motion authorizing Police Department to solicit bids for three-year maintenance contracts for the communications center, heating and cooling system, generator maintenance, police towing and storage service effective July 2006 through June 2009.

Motion to receive and file revised job description for Part-Time Administrative Clerk.

Motion to approve waiver of Noise Ordinance for New Beginnings Church on June 24, 2006 in City Square Park.

Resolution No. 18664 approving Change Order No. 3 in the amount of $593.17 for City Hall Project (transoms).

Motion to receive and file letter of resignation from Housing Code Board of Appeals (Judy Slaven).

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

Planning and Development Director Tom Treharne presented the report regarding sub-area planning in key development areas.

Resolution No. 18665 approving Final Plat and Memorandum of Agreement for Frank Stark First Addition to Linn County, located east of Alburnett Road, north of Randolph Road (Michael Stark) was read by Rehn.  Moved by Rehn, seconded by Pazour to approve Res. No. 18665.  Moved by Wagner, seconded by Rehn to table Res. No. 18665.  All in favor of motion to table, motion carried.

Resolution No. 18666 approving the Revised Preliminary Plat for Edgebrooke Addition, located east of Indian Creek Road, north of 29th Avenue (Midwest Development Co.) was read by Lammers.  Moved by Lammers, seconded by Pazour to approve Res. No. 18666.  All in favor except Wagner, motion carried.

Resolution No. 18667 approving request for waiver of Subdivision Regulations to allow the transfer of property by Plat of Survey for property located north of 29th Avenue, west of 44th Street extended (Hanzac L.L.P.) was read by Pazour.  Moved by Pazour, seconded by Lammers to approve Res. No. 18667.  All in favor except Wagner, motion carried.

Mayor Nieland opened the public hearing regarding the 2006 9th Street/14th Avenue Storm Sewer Reconstruction Project, Phase III.  No comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Moved by Adamson, seconded by Pazour to approve the Project Calendar regarding the 2006 9th Street/14th Avenue Storm Sewer Reconstruction Project, Phase III, as follows
a.    Resolution No. 18668 accepting bids and awarding a contract to Borst Bros. Construction, Inc. for the 2006 9th Street/14th Avenue Reconstruction Project – Phase III in the amount of $130,044.01.
b.    Resolution No. 18669 approving contract and bond for the 2006 9th Street/ 14th Avenue Storm Sewer Reconstruction Project- Phase III with Borst Bros. Construction, Inc.
All in favor of motion to approve the Project Calendar, motion carried.

Moved by Cram, seconded by Rehn to approve the Project Calendar for the 2006 Curb Replacement Project as follows:
a.     Motion to retain the City Engineer as Project Engineer regarding the 2006 Curb Replacement Project.
b.     Resolution No. 18670 approving Resolution of Necessity for the 2006 Curb Replacement Project.
c.     Resolution No. 18671 ordering preparation of detailed plans, specifications, notice of hearing, notice to bidders, form of contract, and estimate of cost for the 2006 Curb Replacement Project.
d.     Resolution No. 18672 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract, and estimate of cost for the 2006 Curb Replacement Project.
All in favor of motion to approve the Project Calendar, motion carried.

Resolution No. 18673 restricting parking (north side) on west 620’ of Linn-Aire Avenue was read by Wagner.  Moved by Wagner, seconded by Rehn to approve Res. No. 18673.  All in favor, motion carried.

Ordinance No. 06-02 related to scheduled violations of the Code of Ordinances was read by Rehn for initial consideration.  Moved by Rehn, seconded by Pazour to approve the first reading of Ord. No. 06-02.  All in favor, motion carried.

Moved by Lammers, seconded by Rehn to authorize Mayor to file for a 60-day time extension for Lowe Park Arts and Environment Center CAT Grant.  All in favor, motion carried.

Mayor Nieland opened the public hearing regarding the FY 06-07 budget.  City Manager Jeff Schott presented the staff report.  Carol Swanson, 1190 25th Street, representing the Marion Merchants Association, thanked Council for the allocation of hotel/motel funds to the Marion Merchants Association.  Duane Weltha, 845 South 15th Street, presented Council with comments opposed to the property tax increase.  Written comments were also received from Iowalive and Brad Cunningham.  No other comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Moved by Pazour, seconded by Rehn to receive and file correspondence regarding the FY 06-07 budget (Iowalive; Duane Weltha, 845 South 15th Street; and Brad Cunningham, 2670 Victoria Street).  All in favor, motion carried.

Resolution No. 18674 approving the FY 06-07 budget was read by Adamson.  Moved by Adamson, seconded by Lammers to approve Res. No. 18674.  Moved by Wagner, seconded by Adamson to amend the budget to transfer $57,000 from the pension fund to the general fund.  Mayor Nieland suggested that staff be allowed to determine where to reduce the $57,000 to obtain a 0% tax increase.  Moved by Nieland, seconded by Adamson to amend the amendment to direct staff to prepare a budget with no tax increase.  Roll Call on amendment as amended:  Yeas:  Wagner, Nieland, and Adamson.  Nays:  Cram, Rehn, Lammers, and Pazour.  Motion failed.  Roll Call on Res. 18674 as originally read:  Yeas:  Rehn, Nieland, Lammers, Pazour, Adamson, and Cram.  Nays: Wagner.  Motion carried.

Mayor Nieland opened the public hearing regarding Five-Year Capital Improvements Program for the period FY 06-07 through FY 10-11.  City Manager Jeff Schott presented the staff report.  No other comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Resolution No. 18675 approving Five-Year Capital Improvements Program for the period FY 06-07 through FY 10-11 was read by Cram.  Moved by Cram, seconded by Pazour to approve Res. No. 18675.  All in favor except Wagner, motion carried.

Resolution No. 18676 approving labor agreement with the American Federation of State, County and Municipal Employees – Local 231, for the period July 1, 2006 through June 30, 2007 was read by Wagner.  Moved by Wagner, seconded by Rehn to approve Res. No. 18676.  All in favor, motion carried.

Council Discussion Time:
          Council Member Cram inquired about the National League of Cities Newspaper that is distributed to Council members. 
          Council Member Pazour congratulated the Linn-Mar and Marion basketball teams on their great season.
          Mayor Nieland asked that staff research a regional helicopter program with a regional board.

 

Mayor Nieland adjourned the meeting at 8:10 p.m.

 

____________________________
John B. Nieland, Mayor

 

Attest:

 

____________________________
Beth J. Little, Assistant City Clerk

 

 

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