The meeting was opened with the Pledge of Allegiance.

 

Moved by Pazour, seconded by Lammers to receive and file the letter from Rodney Hrdlicka, 1310 1^st Ave, who was opposed to his sidewalk assessment.

 

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

 

Resolution No. 19290 approving Partial Payment No. 27 to East Central Iowa Council of Governments related to administration of the 2003 Housing Rehabilitation Grant Program in the amount of $450.00.

Resolution No. 19291 approving payment of FY 06-07 dues to Linn County Regional Planning Commission in the amount of $8,921.19.

Motion to receive and file request to amend sign ordinance relating to open house signs.  (Kevin Platz, Cedar Rapids Area Association of Realtors)

Motion to approve Project Calendar regarding Engineering Department payments, as follows:

a.           Resolution No. 19292 approving Partial Payment No. 1 to Linn County Regional Planning Commission regarding the Indian Creek and Dry Creek Sanitary Sewer System Modeling in the amount of $32,879.96.

b.           Resolution No. 19293 approving Partial Payment No. 6 to Shive-Hattery, Inc. for engineering services regarding the 29^th Avenue Extension Project in the amount of $35,508.78.

Motion to receive and file the 2007 Engineering Work Program.

Motion to receive and file request related to timing of traffic lights on 7^th Avenue and traffic light at Boyson Road and 10^th Street.  (Nick Sturtz, 820 Magnolia Lane #5)

Motion to receive and file the 2007 Public Services Department Work Program.

Motion to receive and file revised job description for Building Inspection Director.

Motion to approve the minutes of the February 27, March 1, and 5, 2007, City Council meetings.

Motion to approve bills as presented in the amount of $490,796.32.

Resolution No. 19294 approving renewal application for a Class C Liquor permit with additional privilege for Outdoor and Sunday Sales for Tabasco’s Mexican Restaurant & Patio, Inc. dba Villa’s Patio Mexican Restaurant.

Resolution No. 19295 approving renewal application for a Class C Liquor (Beer & Wine) permit with additional privilege for Outdoor Sales for Amy J. Bean dba Mr. Beans.

Resolution No. 19296 accepting the waiver of hearing and the consent to penalty settlement agreement with Reynaldo’s #LC 0029975 regarding alcohol sales regulations.

Resolution No. 19297 authorizing the Fire Chief to solicit and accept proposals to purchase items of surplus Fire Department equipment.

Motion to receive and file Proclamation related to Arbor Day – April 27, 2007.

Resolution No. 19298 authorizing revision to designated co-signers of checks in excess of $20,000.

Motion to receive and file Departmental Monthly Reports for February 2007.

Resolution No. 19299 approving deferred compensation agreement.  (Lon D. Pluckhahn)

 

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

Mayor Nieland opened the public hearing regarding a request to rezone property located east of Alburnett Road, north of Randolph Road from Linn County A to R-2, Medium Density, Single-Family Residential.  (Summerfield Investments, LLC)  Planning Director Tom Treharne gave an overview of the rezoning.  Shane Wicks from Hall and Hall Engineers presented council with a packet of their proposed project and discussed the request for the rezoning.  Steve Emerson, representing Linn-Mar Schools spoke in favor of the rezoning.  Jerry DePenning, 5408 Smithland Dr., spoke against the rezoning.  Moved by Rehn, seconded by Lammers to continue the public hearing until the April 5^th council meeting.

Ordinance No. 07-05 amending the Code of Ordinances regarding a request to rezone property located east of Alburnett Road, north of Randolph Road from Linn County A to R-2, Medium Density, Single-Family Residential (Summerfield Investments, LLC) was read by Rehn for initial consideration.  Dick Ransom from Hall and Hall Engineers addressed additional questions from council.  Moved by Rehn, seconded by Wagner to postpone action on the initial reading of Ord. No. 07-05.  Roll Call:  Yeas:  Cram, Wagner, Rehn, Nieland, Lammers, Pazour, and Adamson.  Nays:  None.  Motion carried.

Ordinance No. 07-04 changing the name of Bison Street to Bison Court, located south of Rosewood Lane Avenue (Marion Churches Second Addition) was read by Lammers for second consideration.  Moved by Lammers, seconded by Pazour to approve the second reading of Ord. No. 07-04.  All in favor, motion carried.

Moved by Pazour, seconded by Rehn to suspend the rules and adopt Ord. No. 07-04.  All in favor, motion carried.

Resolution No. 19300 approving the Memorandum of Agreement and Final Plat for Linn-Mar III Addition, located east of Alburnett Road, south of Randolph Road extended (Linn-Mar Community School District) was read by Pazour.  Planning Director Tom Treharne requested that if Res. No. 19300 is approved that it not be signed by the Mayor until all related fees have been paid for regarding this plat.  Moved by Rehn, seconded by Pazour to have the Res. 19300 not signed until all related fees are paid.  All in favor, motion carried.  Moved by Pazour, seconded by Rehn to approve Res. No.19300.  All in favor, motion carried.

Resolution No. 19301 approving contract and bond for the 2007 Orrian Drive Sanitary Sewer Drainage Project with Rathje Construction Co. in the amount of $16,656.00 was deleted from the agenda.

Mayor Nieland opened the public hearing regarding the 2007 Sidewalk Assessment Project.  Engineering Project Manager Darin Andresen presented an overview of the project.  No other comments, written or verbal were received.  Mayor Nieland declared the public hearing closed.

Moved by Cram, seconded by Rehn to approve Project Calendar regarding the 2007 Sidewalk Assessment Project, as follows:

             a.        Resolution No. 19302 amending the resolution of necessity regarding the 2007 Sidewalk Assessment Project.

             b.        Resolution No. 19303 overruling (or amending) objections regarding the 2007 Sidewalk Assessment Project.

             c.        Resolution No. 19304 approving the final resolution of necessity regarding the 2007 Sidewalk Assessment Project.

             d.        Resolution No. 19305 approving and adopting preliminary plans and specifications regarding the 2007 Sidewalk Assessment Project.

All in favor, motion carried.

Mayor Nieland opened the public hearing on the assessment of delinquent fees.  David Walker, 2165 A Avenue, indicated that the proposed special trash assessment was requested by previous owners and they had just acquired the property and didn’t feel they should be liable for it.  City Attorney Don Hoskins addressed other questions from the council.  No other comments, written or verbal were received.  Mayor Nieland declared the public hearing closed.

Moved by Wagner, seconded by Rehn to receive and file correspondence related to special assessments (Douglas Clemen, 3199 2^nd Street; Tim Hicks, 1330 Brockman Avenue; Hills Bank for 4460 Widgeon Court, and Kristin L. Dawson, 1425 Country Club Drive).  All in favor, motion carried.

Resolution No. 19306 adopting final assessment schedule for delinquent fees and confirming and levying the assessments was read by Rehn. Moved by Rehn, seconded by Pazour to amend the final assessment list to remove Douglas Clemen, Tim Hicks, Hills Bank, and David Walker.  All in favor, motion carried.  Moved by Rehn, seconded by Pazour to approve Res. No. 19306 as amended.  All in favor, motion carried.
 
Mayor Nieland recommended the following appointment – City Manager Lon Pluckhahn – Area Ambulance Board.

 

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

Council Discussion:
          Council Member Lammers commented on the ability to ask additional questions on an issue before the council.
          Council Member Pazour asked City Attorney to clarify a possible conflict of interest concern that she had.

 

Mayor Nieland adjourned the meeting at 8:05 p.m.

 

__________________________  
John B. Nieland, Mayor

 

 

Attest:

 

 

____________________________ 
Wesley A. Nelson, City Clerk