April 6, 2006

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, April 6, 2006, at 7:00 p.m. in the council chambers of City Hall with Mayor Nieland presiding and the following council members present:  Cram, Rehn, Lammers, Pazour, and Adamson.  Absent:  Wagner.

The meeting was opened with the Pledge of Allegiance.

Mayor Nieland administered the Oath of Office to Patrol Officer Amy L. Ford.

Mayor Nieland proclaimed May as Motorcycle Safety Awareness Month. 

Jan Boland, 1495 Douglas Court, thanked the Council for the allocation of hotel/motel funding for Red Cedar Chamber Music.

Nikki Meister, 1405 McGowan Boulevard, presented a petition requesting Council to fund repairs to McGowan Boulevard from 10th Street to 27^th Street.  City Manager Jeff Schott noted that the reconstruction is scheduled over multiple years.  City Engineer Dan Whitlow explained that the project is broken into five phases with the first phase scheduled for 2009.  Mayor Nieland stated that City projects are prioritized by a citizens committee.  Moved by Pazour, seconded by Lammers to receive and file the petition from Nikki Meister regarding repairs to McGowan Boulevard.  All in favor, motion carried.

Moved by Lammers, seconded by Pazour to receive and file correspondence from Robert Copper, 2265 Daleview Drive, regarding reimbursement of costs related to the pavement of South 26^th Street, and Ray Franklin, 3060 McGowan Boulevard, regarding allocations of TIF Low-Moderate Income Funds for FY 06-07.  All in favor, motion carried.

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

Resolution No. 18698 setting public hearing for April 20, 2006 regarding a request to rezone property located at 600 10^th Avenue from R-2, Single-Family Residential and R-3, Two-Family Residential to RT-1, Residential Transitional (City of Marion, owner/Jerry Blazek, purchaser).

Motion to receive and file request for deferment of improvements for 35^th Street and Munier Road regarding Feder’s Sixth Addition (Brain Engineering for Gary Holub).

Motion to approve Project Calendar regarding Planning and Development payments, as follows:
a.           Resolution No. 18699 approving Partial Payment No. 26 to Howard R. Green Company for services related to the Brownfields Assessment Grant in the amount of $3,024.50.
b.           Resolution No. 18700 approving Partial Payment No. 2 to Howard R. Green Company for services related to the 2004 Brownfields Cleanup Grant in the amount of $3,740.00.
c.           Resolution No. 18701 approving Partial Payment No. 6 to R.J. Construction related to the Housing Rehabilitation Grant Program – Project No. 6, in the amount of $17,389.00.
d.           Resolution No. 18702 approving Partial Payment No. 15 to East Central Iowa Council of Government for administration of the Housing Rehabilitation Grant Program in the amount of $2,064.00.
e.           Resolution No. 18703 approving payment from the Winslow Road Tax Increment Financing Fund to Aging Services for reimbursement of work associated with Chore Services program in the amount of $505.43.
f.            Resolution No. 18704 approving Partial Payment No. 5 to Flat Earth Planning for services related to updating the Marion Zoning Ordinance in the amount of $2,540.00.
g.           Resolution No. 18705 approving Partial Payment No. 1 to Tallgrass Historians, L.C. for services related to the National Register District Nomination for Terrace Park Neighborhood in the amount of $1,909.08.

Motion to receive and file recommendations from Tax Increment Financing (TIF) Advisory Committee regarding the use of TIF Low-Moderate Income Funds for FY 06-07.

Motion to receive and file correspondence regarding Prosperity Eastern Iowa (Karen Adams, Regional Economic Development Coordinator).

Motion to receive and file Highview First Addition Final Plat, located north of East Robins Road, east of Mulberry Drive (Katherine Kloubec, Raymond Kloubec, Jr. and Karol Tefer).

Motion to receive and file and refer to the Planning and Zoning Commission Nassif Office Park Addition Final Plat, located on the south side of Blairs Ferry Road west of Lindale Drive (Eugene L. Nassif, Jr., D.P.M., dba Foot and Ankle Specialist of Iowa).

Resolution No. 18706 approving Partial Payment No. 3 to Veenstra and Kimm, Inc. for engineering services regarding the Squaw Creek Basin Flood Map Revisions in the amount of $626.00.

Resolution No. 18707 approving contract and bond for the 2006 19^th Avenue Reconstruction Project with Kruser Excavating.

Motion authorizing City Engineer to solicit proposals for engineering services regarding the 2006 GPS Structure Location Survey.

Motion to receive and file request for six-month deferment of sidewalk installation on 29^th Avenue adjacent to 2890 Brandon Court (Jeffrey and Denise Kopp).

Motion to authorize Public Services Department to solicit quotes for purchase of chassis for garbage truck replacement, tandem dump truck replacement and eleven-yard garbage truck.

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

Motion to approve bills as presented in the amount of $1,314,703.41.

Resolution No. 18708 approving new application for a Class C Beer permit with additional privilege for Sunday Sales for Fauser Oil Company, Inc. dba Pantry Express (680 Lindale Drive).

Motion to approve a cigarette permit for Fauser Oil Company dba Pantry Express.

Resolution No. 18709 approving renewal application for a Class C Beer permit with additional privilege for Sunday Sales for Carpenter Companies, Inc. dba Short Stop Marion.

Resolution No. 18710 approving renewal application for a Class BW (Special Class C Liquor) permit with additional privilege for Sunday Sales for Zoey’s Pizzeria, Inc. dba Zoey’s Pizzeria.

Resolution No. 18711 approving renewal application for a Class C Liquor permit with additional privilege for Sunday and Outdoor Sales for Reynaldo’s Restaurants, Inc. dba Reynaldo’s Mexican American Restaurant.

Resolution No. 18712 approving renewal application for a Class C Liquor permit with additional privilege for Sunday and Outdoor Sales for Hunters Ridge Development Company LC dba Hunters Ridge Golf Course.

Motion authorizing switching natural gas billing for smaller city facilities to I-Jump Lite Program.

Motion to approve Hold Harmless Agreement related to Marion Art Festival on May 20, 2006 in City Square Park.

Motion authorizing disposal of outdated payroll records.

Planning and Development Director Tom Treharne stated that Resolution No. 18701 approving Partial Payment No. 6 to Linn County Health Department related to the Housing Rehabilitation Grant Program – Project No. 6, in the amount of $17,389.00 should have read approving Partial Payment No. 6 to R.J. Construction related to the Housing Rehabilitation Grant Program – Project No. 6, in the amount of $17,389.00.  Council amended Res. No. 18701 by unanimous consent to approve the payment to R.J. Construction instead of Linn County Health Department.  All in favor, motion carried.  All in favor of motion to approve the consent calendar as amended, motion carried.

Resolution No. 18713 approving the Final Plat and Memorandum of Agreement of Oakbrook Second Addition, located north of Highway 100 and west of East Post Road (Menard, Inc.) was read by Pazour.  Moved by Pazour, seconded by Rehn to approve Res. No. 18713.  All in favor, motion carried.

Resolution No. 18714 approving the Final Plat and Memorandum of Agreement of Creek View Addition, located between the abandoned railroad right-of-way and Indian Creek, west of Grand Avenue (Anace Aossey and Polly Aossey) was read by Adamson.  Moved by Adamson, seconded by Lammers to approve Res. No. 18714.  All in favor, motion carried.

Resolution No. 18715 approving the Final Plat, Final Development Plan and Memorandum of Agreement of The Coves at English Glen First Addition, located east of 35^th Street, north of 29^th Avenue (Joseph N. Geelan and Susan E. Geelan) was read by Cram.  Moved by Cram, seconded by Rehn to approve Res. No. 18715.  All in favor, motion carried.

Resolution No. 18716 approving the Final Plat, Final Development Plan and Memorandum of Agreement of Feder’s Sixth Addition, located at the northeast corner of 35^th Street and Munier Road (Gary Holub) was read by Rehn.  Moved by Rehn , seconded by Pazour to approve Res. No. 18716.  All in favor, motion carried.

Moved by Rehn, seconded by Cram to approve allocations of TIF Low-Moderate Income Funds for FY 06-07 as recommended by the Tax Increment Financing (TIF) Advisory Committee. 

Council Member Wagner arrived at 7:24 p.m.

Roll Call on motion to approve allocations of TIF funds:  Yeas:  Cram, Wagner, Rehn, Lammers, Pazour, and Adamson.  Nays:  Nieland.  Motion carried.

Moved by Lammers, seconded by Pazour to receive and file correspondence regarding citations (Eastern Iowa Construction, 2254 5^th Avenue).  Jennifer Bleeker, representing Eastern Iowa Construction, 2254 5^th Avenue, stated that they will meet with the Planning Director.  She stated that they want to work with the City regarding the issues.  All in favor, motion carried.

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 second consideration.  Moved by Pazour, seconded by Rehn to approve the second reading of Ord. No. 06-03.  All in favor, motion carried.

Moved by Pazour, seconded by Lammers to suspend the rules and place Ord. No. 06-03 on the agenda for adoption and to adopt Ord. No. 06-03.  All in favor, motion carried.

Mayor Nieland opened the public hearing regarding establishing hook-up fees related to the Indian Creek Sanitary Sewer Extension Project.  City Engineer Dan Whitlow presented the staff report.  No other comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed. 

Ordinance No. 06-04 establishing hook-up fees related to the Indian Creek Sanitary Sewer Extension Project was read by Adamson for initial consideration.  Moved by Adamson, seconded by Lammers to approve the first reading of Ord. No. 06-04.  All in favor, motion carried.

Mayor Nieland opened the public hearing regarding establishing hook-up fees related to the 35^th Avenue/Indian Creek Sanitary Sewer Extension Project.  City Engineer Dan Whitlow presented the staff report.  No other comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed. 

Ordinance No. 06-05 establishing hook-up fees related to the 35^th Avenue/Indian Creek Sanitary Sewer Extension Project was read by Cram for initial consideration.  Moved by Cram, seconded by Rehn to approve the first reading of Ord. No. 06-05.  All in favor, motion carried.

Mayor Nieland opened the public hearing related to the 2006 Curb Replacement Project.  No comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed. 

Resolution No. 18717 accepting bids and awarding a contract to Eastern Iowa Excavating and Concrete L.L.C. for the 2006 Curb Replacement Project was read by Wagner.  Moved by Wagner, seconded by Cram to approve Res. No. 18717.  All in favor, motion carried.

Moved by Rehn, seconded by Lammers to approve the Project Calendar related to the 2006 Sanitary Sewer Repair Project, as follows:

a.    Motion to retain the City Engineer as Project Engineer regarding the 2006 Sanitary Sewer Repair Project.
b.    Resolution No. 18718 approving Resolution of Necessity regarding the 2006 Sanitary Sewer Repair Project.
c.    Resolution No. 18719 ordering preparation of detailed plans, specifications, notice of hearing, notice to bidders, form of contract and estimate of cost regarding the 2006 Sanitary Sewer Repair Project.
d.    Resolution No. 18720 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost regarding the 2006 Sanitary Sewer Repair Project.

All in favor of motion to approve the Project Calendar, motion carried.

Moved by Lammers, seconded by Rehn to direct the City Engineer to initiate negotiations with Shive Hattery Engineers for engineering services regarding the 29^th Avenue Extension Project.  All in favor except Wagner, motion carried.

Resolution No. 18737 approving Partial Payment No. 1 to Borst Bros. Construction, Inc. for the 2006 9^th Street/14^th Avenue Storm Sewer Reconstruction Phase III in the amount of $41,406.16 was read by Pazour.  Moved by Pazour, seconded by Wagner to approve Res. No. 18737.  All in favor, motion carried.

Resolution No. 18721 approving a new application for a Class C Liquor License (Beer/Wine) with additional privilege for Sunday Sales for Amy J. Bean dba Mr. Beans was read by Adamson.  Moved by Adamson, seconded by Pazour to approve Res. No.18721.  All in favor, motion carried.

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

Ordinance No. 06-06 amending Chapter 40.07 of the Code of Ordinances relating to disorderly houses and providing penalties was read by Wagner for initial consideration.  Moved by Wagner, seconded by Lammers to approve the first reading of Ord. No. 06-06.  All in favor, motion carried.

Resolution No. 18722 approving labor agreement with International Association of Firefighters for the period July 1, 2006 through June 30, 2007 was read by Rehn.  Moved by Rehn, seconded by Pazour to approve Res. No. 18722.  All in favor, motion carried.

Moved by Lammers, seconded by Wagner to approve the Project Calendar related to the Lowe Park Art and Environment Center, as follows:

a.     Resolution No. 18723 approving Change Order No. 8 to Miron Construction related to the Lowe Park Art and Environment Center in the amount of $13,955.00.
b.     Resolution No. 18724 approving Change Order No. 9 to Miron Construction related to the Lowe Park Art and Environment Center by adding thirty days to the contract at no cost change (extending to May 1, 2006).
c.     Resolution No. 18725 approving Partial Payment No. 9 to Miron Construction related to the Lowe Park Art and Environment Center in the amount of $84,596.10.
d.     Resolution No. 18726 approving amendment No. 3 to Iowa Community Attraction and Tourism (CAT) Grant for Lowe Park Arts & Environment Center.

All in favor of motion to approve the Project Calendar, motion carried.

Mayor Nieland opened the public hearing regarding the 2006 Lowe Park Ball Diamond Fencing Project.  Mayor Nieland explained the fencing project.  No other comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed. 

Resolution No. 18727 accepting bids and awarding a contract to D & N Fencing for the 2006 Lowe Park Ball Diamond Fencing Project in the amount of $49,206 was read by Pazour.  Moved by Pazour, seconded by Wagner to approve Res. No. 18727.  All in favor, motion carried.

Moved by Adamson, seconded by Pazour to authorize potential change order for raised platform in Council Chambers in new city hall.  All in favor except Wagner, motion carried.

Moved by Cram, seconded by Rehn to approve the Project Calendar regarding the 2005 City Hall Project, as follows:

a.     Resolution No. 18728 approving contract with Pioneer Workspace Solutions for preparation of furniture bid package related to the 2005 City Hall Project.
b.     Resolution No. 18729 approving Partial Payment No. 6 to Terracon for services related to the 2005 City Hall Project in the amount of $644.85.
c.     Resolution No. 18730 approving Partial Payment No. 6 to Kleiman Construction for services related to the 2005 City Hall Project in the amount of $516,778.15.

All in favor of motion to approve the Project Calendar, motion carried.

Moved by Wagner, seconded by Pazour to receive and file request for waiver of Chapter 131 Amusement Licensing requirements (Margaret A. Anderson, MS, Astrologer, 1435 26^th Street).  All in favor except Cram and Nieland, motion carried.

Moved by Rehn, seconded by Lammers to direct staff to prepare an ordinance amending Chapter 131 Amusement of the Municipal Code to exempt astrologers from amusement licensing requirements.  All in favor except Cram and Nieland, motion carried.

Moved by Lammers, seconded by Pazour to approve the Project Calendar regarding the FY 06-07 budget, as follows:

a.     Resolution No. 18731 approving agreements for FY 06-07 Hotel-Motel funding with Marion Arts Festival, Marion Merchants Association, American Legion Post #298, Entrepreneurial Development Center, Red Cedar Chamber Music, MEDCO, Marion Chamber of Commerce – Tourism, Marion Historical Museum, Inc. – Granger House, Marion Historical Museum, Inc. – Heritage Center, Emerson Elementary School and Greater Cedar Rapids Open.
b.     Resolution No. 18733 approving Pay-For-Performance for City Manager.
c.     Resolution No. 18734 approving retainer agreements with City Attorney and Assistant City Attorneys for the period July 1, 2006 through June 30, 2007.
d.     Resolution No. 18735 approving revision to monthly car allowances for FY 06-07.
e.     Resolution No. 18736 approving non-bargaining pay schedule for FY 06-07.

City Manager Jeff Schott requested that Resolution No. 18732, approving Early Retirement Option Program for FY 06-07 be tabled.  Moved by Lammers, seconded by Pazour to table Res. No. 18732.  All in favor of motion to table, motion carried.  All in favor of motion to approve Project Calendar as amended, motion carried.

Council Discussion Time:

          Council Member Pazour expressed sympathy for the family of Iva Hess.  City Manager Jeff Schott stated that Mrs. Hess sewed the original City of Marion flag that hangs in the City Hall lobby.
          Council Member Pazour congratulated University of Maryland coach Brenda Frese on winning the NCAA Women’s Basketball Tournament.  Ms. Frese is from Cedar Rapids.
          Mayor Nieland commented on his nephew’s achievements.