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Council Minutes - April 3, 2008

Submitted by City Administration on Fri, 04/04/2008 - 3:15pm. City Council

April 3, 2008

 

 

 

 

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, April 3, 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.

 

Moved by Spinks, seconded by Lammers to approve the Consent Calendar, as follows:

 

 

Motion to approve Project Calendar related to Planning and Development Department payments, as follows:

a.    Resolution No. 19817 approving Partial Payment No. 3 to Howard R. Green Company for services related to the 2007 EPA Brownfield Cleanup Grant in the amount of $3,559.50.
b.    Resolution No. 19818 approving Partial Payment No. 18 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Petroleum Substances) in the amount of $420.00.
c.    Resolution No. 19819 approving Partial Payment No. 18 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Hazardous Substances) in the amount of $614.50.
d.    Resolution No. 19820 approving Partial Payment No. 23 to Howard R. Green Company for services related to the 2005 EPA Brownfield Cleanup Grant in the amount of $1,604.00.

Resolution No. 19821 resetting public hearing for April 17, 2008, regarding the vacation and sale of a portion of the east-west alley in the block bounded by 2nd and 3rd Avenues and 13th and 14th Streets, adjacent to 241 13th Street (Frank Reynolds request).

Resolution No. 19822 approving request for Waiver of Subdivision Regulations regarding a split of property by Plat of Survey for transfer purposes only located north of Barrington Court in Stonefield Addition (Robert and Beverly Etzel, Owner/Mooney-Engle Land Company, LLC, Applicant).

Motion to receive and file request for deferral of Subdivision Regulations regarding paving improvements along Tower Terrace Road related to Prairie Bend Fourth Addition (Jon Morris, Morris Wood Enterprises, LLC).

Motion to receive and file and refer to the Planning and Zoning Commission Boyson Place Addition Preliminary Plat, located south of Boyson Road between Alburnett Road and Geode Street (J. Murphy Homes, L.L.C.).

Motion to receive and file request to encroach into right-of-way to install a brick mailbox (Karen S. Beard, 3010 Diamond Lane, Cedar Rapids).

Resolution No. 19823 approving contract and bond with Dolan Excavating, LLC. regarding the 2008 McGowan Boulevard Paving Project – Phase 1.

Resolution No. 19824 accepting proposal from Dickenson Engineering, PC for engineering services related to replacement of Central Business District Traffic Signals not to exceed $25,000.

Motion to approve the minutes of the March 18 and 20, 2008 City Council meetings.

Motion to approve bills as presented in the amount of $650,998.23.

Resolution No. 19825 approving renewal application for a Class C Beer Permit with additional privilege for Sunday Sales and Carry Out Wine for J.D. Carpenter Companies, Inc. dba Short Stop-Marion.

Resolution No. 19826 approving renewal application for a Special Class C Liquor (Beer & Wine) Permit with additional privilege for Sunday Sales for Zoey’s Pizzeria, Inc. dba Zoey’s Pizzeria.

Resolution No. 19827 approving renewal application for a Class C Beer Permit with additional privilege for Sunday Sales for Fauser Oil Company, Inc. dba Pantry Express.

Resolution No. 19828 accepting settlement and consent to penalty and imposing the penalties for Liquor violations for Dumas’s (License No. LC0032900), Hy-Vee Food Store (License No. LE0000470), Pantry Express (License No. BC0028775) and Murphy Oil USA (License No. BC0028710).

Resolution No. 19829 accepting settlement and consent to penalty and imposing the penalties for Tobacco violations for Casey’s General Store #2760 (License No. 14481), Hy-Vee Gas (license No. 14483), Market Express (License No. 14488), Pantry Express (License No. 14490), Road Ranger #146 (License No. 14491) and Walgreens #03876 (License No. 14494).

Motion to receive and file 2007 Insurance Services Office Public Protection Summary Report.

Resolution No. 19830 approving purchase of a vehicle for H.E.A.T from Vander Haag’s, Des Moines, in the amount of $12,400.00.

Resolution No. 19831 approving Hold Harmless Agreement for H.E.A.T training at the vacant residence located at 830 Blairs Ferry Road, Marion.

Motion to receive and file Proclamation for 2008 Arbor Day.

Motion to approve Project Calendar regarding FY 07-08 and 08-09 budgets as follows:

a.    Resolution No. 19832 approving Early Retirement Option Program for FY 08-09.
b.    Resolution No. 19833 approving retainer agreements with City Attorney and Assistant City Attorneys for the period July 1, 2008 through June 30, 2009.
c.    Resolution No. 19834 setting public hearing for May 15, 2008 regarding FY 07-08 budget amendment.
d.    Motion setting special City Council meeting for June 26, 2008 at 4:00 p.m. for approval of year-end bills.

Motion to approve Hold Harmless Agreement related to Marion Art Festival on May 17, 2008 in City Square Park.

Motion to receive and file letter from Linn County Board of Supervisors regarding compensations for expenses related to Randolph Road name change to Echo Hill Road.

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

 

Mayor Rehn opened the public hearing regarding the 2008 Curb Replacement Project.  No comments, written or verbal, were received.  Mayor Rehn declared the public hearing closed.

Resolution No. 19835 accepting bids and awarding contract to Eggleston Concrete Contractors, Inc. regarding the 2008 Curb Replacement Project in the amount of $59,500.70 was read by Pazour.  Moved by Pazour, seconded by Glew to approve Res. No. 19835.  All in favor, motion carried.

Mayor Rehn opened the public hearing regarding the 2008 HMA Resurfacing Project.  No comments, written or verbal, were received.  Mayor Rehn declared the public hearing closed.

Resolution No. 19836 accepting bids and awarding contract to L.L. Pelling Co., Inc. regarding the 2008 HMA Project in the amount of $388,133.55 was read by Glew.  Moved by Glew, seconded by Pazour to approve Res. No. 19836.  All in favor, motion carried.

Ordinance No. 08-05 amending Section 105.058 of the Code of Ordinances related to solid waste collection containers was read by Sprague for second consideration.  Moved by Sprague, seconded by Pazour to approve the second reading of Ord. No. 08-05.  All in favor, motion carried.

Moved by Pazour, seconded by Glew to suspend the rules and place Ord. No. 08-05 on the agenda for adoption and to adopt Ord. No. 08-05.  All in favor, motion carried.

Moved by Adamson, seconded by Lammers to award Request for Proposals related to City’s website (Tabled at 3/20/08 meeting).  City Manager Lon Pluckhahn requested that this item be tabled to the April 17th council meeting.  Moved by Pazour, seconded by Sprague to table the motion to award request for proposals related to the City’s website.  All in favor of motion to table, motion carried.

Moved by Lammers, seconded by Adamson to approve a request from Vic Klopfenstein to donate $10,000 to the Mural Relocation Project.  Victor Klopfenstein, 5540 Hunters Ridge Court, stated that he is representing the Marion Historical Society.  He asked Council to donate $10,000 to the mural relocation project.  He noted that the Marion Historical Society is donating $5,000.  The cost is estimated at $25,800 to move the mural.  Dr. Klopfenstein handed out information regarding the mural.  Dave Martin, 700 11th Street, explained that the mural will weigh 2,000 to 3,000 pounds when moved.  He noted that the quote does not include the cost of the crane or truck to move the mural.  Moved by Lammers, seconded by Pazour to receive and file the information from Victor Klopfenstein.  All in favor, motion carried.  All in favor of motion to donate $10,000 to the mural relocation project, motion carried.

Council Discussion Time:
            Council Member Pazour stated that the Cedar Rapids Community Concert Association will present Empire Brass on Saturday, April 5th at the Paramount Theatre in Cedar Rapids. 

 

Moved by Spinks, seconded by Glew to adjourn to Executive Session regarding potential land acquisition as permitted under Section 21.5(1)(j) of the Code of Iowa.  City Attorney Don Hoskins stated that he has reviewed the subject matter to be discussed and found it to be an appropriate topic for closed session.  Roll Call:  Yeas:  Sprague, Adamson, Lammers, Rehn, Spinks, Pazour, and Glew.  Nays:  None.  Motion carried.

 

Moved by Adamson, seconded by Lammers to reconvene to regular session.  All in favor, motion carried.

Mayor Rehn adjourned the meeting at 8:14 p.m.

 

                                                                                    Attest:

 

 

 

____________________________                     ________________________________

Paul E. Rehn, Mayor                                               Beth J. Little, Assistant City Clerk

 

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