March 16, 2006

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, March 16, 2006, at 7:00 p.m. in the council chambers of City Hall with Mayor pro tem Rehn presiding and the following council members present:  Cram, Wagner, Pazour, and Adamson.  Absent:  Mayor Nieland and Lammers.

The meeting was opened with the Pledge of Allegiance.

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

Motion to receive and file the following:
a.     REC Second Addition Final Plat, located north of 29^th Avenue west of Highway 13.
b.     REC Third Addition Final Plat, located north of 29^th Avenue west of Highway 13.
c.     Feder’s Sixth Addition Final Plat, located north of Munier Road east of 35^th Street.

Motion to receive and file and refer to the Planning and Zoning Commission, as follows:
a.     Request to vacate and sell the north-south alley north of 10^th Avenue between 25^th and 26^th Streets (Jeff and Shelley Evans).
b.      Prairie Hill Commercial Second Addition Final Plat, located north of Business Highway 151, east of 50^th Street (Aldi, Inc.)

Motion to approve Project Calendar regarding Engineering Department payments, as follows:
a.     Resolution No. 18677 approving Partial Payment No. 2 to Veenstra and Kimm, Inc. for engineering services regarding the Squaw Creek Basin Flood Map Revisions in the amount of $2,046.08.
b.     Resolution No. 18678 approving Partial Payment No. 5 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 $6,611.28.
c.     Resolution No. 18679 approving Partial Payment No. 15 to Anderson-Bogert Engineers, Inc. for engineering services regarding the Dry Creek Regional Basin Project in the amount of $8,891.28.

Resolution No. 18680 setting a public hearing for April 6, 2006, regarding establishing hook-up fees related to the Indian Creek Sanitary Sewer Extension Project.

Resolution No. 18681 setting a public hearing for April 6, 2006, regarding establishing hook-up fees related to the 35^th Avenue/Indian Creek Sanitary Sewer Extension Project.

Motion to approve the Project Calendar for the 2006 Sidewalk Assessment Project as follows:
a.    Motion to retain the City Engineer as Project Engineer for the 2006 Sidewalk Assessment Project.
b.    Resolution No. 18682 approving the preliminary resolution pursuant to Chapter 384.42 of the Code of Iowa for the 2006 Sidewalk Assessment Project.
c.     Resolution No. 18683 approving the proposed resolution of necessity and setting public hearing for the 2006 Sidewalk Assessment Project.

Motion to receive and file 2006 Engineering Work Program.

Motion to receive and file Public Services Department 2006 Work Program.

Motion to approve the minutes of the February 28 and March 2, 2006 City Council meetings.

Motion to approve bills as presented in the amount of $396,751.44.

Resolution No. 18684 approving new application for a Class C Liquor permit with additional privilege for Sunday Sales for Dean Wheeler dba Wheel’er In. (formerly Gi Gi’s, 620 Lindale Drive).

Resolution No. 18685 approving renewal application for a Class C Liquor permit with additional privilege for Sunday and Outdoor Sales for Tabasco’s Mexican Restaurant & Patio, Inc. dba Villa’s Patio Mexican Restaurant.

Motion to approve a cigarette permit for Wrigleyville, Inc. dba Wrigleyville.

Motion to receive and file cash flow analysis for the City of Marion for the period July 1, 2005 to June 30, 2007.

Motion to receive and file Sunday Sales Privilege Application for Aldi, Inc. dba Aldi Foods #01, 1001 50^th Street.

Motion to receive and file report regarding drug enforcement and prevention activities.

Resolution No. 18686 accepting the 2006 Addendum to the City of Marion/Marion Township Contract for Services.

Motion to receive and file correspondence request for police officer for traffic control at the intersections of Highway 13 at Highway 151, Highway 100 and Mt. Vernon Road (Jeanne Hindman, 1998 Apache Drive).

Motion to approve Project Calendar regarding the 2005 City Hall Project, as follows:
a.     Resolution No. 18687 approving Partial Payment No. 5 to Terracon for services related to the 2005 City Hall Project in the amount of $446.05.
b.     Resolution No. 18688 approving Partial Payment No. 5 to Kleiman Construction for services related to the 2005 City Hall Project in the amount of $374,067.25.
c.     Resolution No. 18689 approving Partial Payment No. 2 to H.R. Green Company for design services related to Council Room dais related to the 2005 City Hall Project in the amount of $1,500.00.
d.    Resolution No. 18690 approving Partial Payment No. 5 to H. R. Green Company for Construction Site  Services related to the 2005 City Hall Project in the amount of $6,000.00.

Motion to receive and file request for funding assistance for CAT grant for Cedar Amateur Astronomers, Inc. Project at Palisades-Dows Preserve (Bunnie Tomes, 122 Lakota Court N.E., Cedar Rapids).

Motion to receive and file correspondence opposing state-wide cable franchising (Bill Peard, Mediacom Communications).

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

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

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 Wagner.  Moved by Wagner, seconded by Cram to approve Res. No. 18665.  All in favor, motion carried.

Mayor pro tem Rehn opened the public hearing 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.).  Planning and Development Director Tom Treharne presented the staff report.  Mr. Treharne stated that he had received a phone call from Hawkeye Convenience regarding the rezoning request.  He also noted that written correspondence was received from Mark Morgan, Fosters Heating and Air Conditioning, Inc., 1040 East Post Road, in support of the rezoning request.  Mr. Treharne reviewed the conditions imposed on the rezoning.  No other comments, written or verbal, were received.  Mayor pro tem Rehn declared the public hearing closed.

Ordinance No. 06-03 amending the Code of Ordinances 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.) was read by Pazour for initial consideration.  Moved by Pazour, seconded by Wagner to approve the first reading of Ord. No. 06-03.  All in favor, motion carried.

Mayor pro tem Rehn opened the public hearing regarding status of Community Development Block Grant (CDBG) funded activities for owner-occupied housing rehabilitation.  Lisa-Marie Garlich, Community Development Planner from ECICOG, was present to report on the CDBG status.  General Description of overall project and status of accomplishments to date:  Marion Community Development Block Grant (CDBG), originally in the amount of $396,790 was awarded for the purpose of owner-occupied rehabilitation to persons within the Targeted Area of the City of Marion.  The project is scheduled to be complete by the fall of 2006.  To date, rehabilitation has been completed on six homes.  Three homes are in the bid process and one home is on hold.  All six homes have involved various levels of lead based paint work safe practices.  Summary of expenditures to date:  For rehabilitation construction, $104,325.00 has been expended to date.  For lead hazard reduction, $19,645.00 has been expended to date.  $14,802.00 has been funded by the City of Marion as local match and another $14,436.00 has been funded by the CDBG funds for administration and related services for a total project cost to date of $153,208.00.  General description of changes made to project:  No changes have been requested to date.  A description of how the public has reasonable access to all local meetings, project records, and information relating to the proposed and actual use of CDBG funds:  Project records and information relating to the use of CDBG and local funds are subject to the requirement of Iowa’s Open Records law and are available to the public.  Persons having proposals, questions, and complaints concerning this project may contact Tom Treharne, City of Marion, 1100 8^th Avenue, Marion, IA  52302.  A translation of these proceedings will be made available at the request of any non-English speaking resident.  Such requests should be submitted to the Clerk at City Hall.  No other comments, written or verbal, were received.  Mayor pro tem Rehn declared the public hearing closed.

Mayor pro tem Rehn opened the public hearing regarding the 2006 19^th Avenue Reconstruction Project.  No comments, written or verbal, were received.  Mayor pro tem Rehn declared the public hearing closed.

Resolution No. 18691 accepting bids and awarding a contract to Kruser Excavating for the 2006 19^th Avenue Reconstruction Project in the amount of $94,478.60 was read by Adamson.  Moved by Adamson, seconded by Pazour to approve Res. No. 18691.  All in favor, motion carried.

Resolution No. 18692 setting public hearing for April 20, 2006 regarding nuisance enforcement approach was read by Cram.  Moved by Cram, seconded by Wagner to approve Res. No. 18692.  All in favor, motion carried.

Moved by Wagner, seconded by Pazour to approve request for waiver of Section 122.06(5) of the Peddlers, Solicitors and Transient Merchant Ordinance related to seven consecutive day requirement and allow extension of time period for Fruitzen Shaved Ice effective April 1, 2006 through September 30, 2006 at the East End Shopping Center (Lee Roy Dean).  All in favor, motion carried.

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

Resolution No. 18693 establishing moratorium on enforcement of a portion of the International Fire Code 2003 Edition pending review or revision (Gas grill usage at multiple-family residential structures) was read by Adamson.  Moved by Adamson, seconded by Pazour to approve Res. No. 18693.  Assistant Fire Chief Rick Boots explained that the moratorium only applies to side by side multi-family units.  He noted that this does not apply to single family or two family units.  All in favor, motion carried.

Moved by Wagner, seconded by Pazour to approve the Project Calendar for the 2006 Lowe Park Ball Diamond Fencing Project as follows:
a.    Resolution No. 18695 approving Resolution of Necessity for the 2006 Lowe Park Ball Diamond Fencing Project.
b.    Resolution No. 18696 ordering preparation of detailed plans and specifications, notice of hearing, notice to bidders, form of contract, and estimate of cost for the 2006 Lowe Park Ball Diamond Fencing Project.
c.    Resolution No. 18697 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract, and estimate of cost for the 2006 Lowe Park Ball Diamond Fencing Project.
All in favor of motion to approve the Project Calendar, motion carried.

Resolution No. 18694 approving Partial Payment No. 8 to Miron Construction related to Lowe Park Art and Environment Center in the amount of $336,003.15 was read by Cram.  Moved by Cram, seconded by Pazour to approve Res. No. 18694.  All in favor, motion carried.

Moved by Pazour, seconded by Wagner to approve funding in the amount of $200 in FY 06-07 for funding assistance for CAT grant for Cedar Amateur Astronomers, Inc. Project at Palisades-Dows Preserve (Bunnie Tomes, 122 Lakota Court N.E., Cedar Rapids).  All in favor, motion carried.

Mayor pro tem Rehn recommended the reappointment of Cornie Bender to the Civil Service Commission with term to expire April 1, 2010.  Moved by Pazour, seconded by Wagner to concur with Mayor pro tem Rehn’s recommendation.  All in favor, motion carried.

Council Discussion Time:
          Council Member Pazour congratulated the Linn Mar boys basketball team on their win at the State Tournament.