April 20, 2006 The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, April 20, 2006, at 7:00 p.m. in the council chambers of City Hall with Mayor Nieland presiding and the following council members present: Wagner, Rehn, Lammers, Pazour, and Adamson. Absent: Cram.

The meeting was opened with the Pledge of Allegiance.

Finance Director Wes Nelson stated that Resolution No. 18742, approving new application for a Class C Beer permit with additional privilege’s for Sunday Sales and Class B Wine for Nordstrom Oil Company dba Grandview Handimart, should have read approving renewal application for a Class C Beer permit with additional privilege’s for Sunday Sales for Nordstrom Oil Company dba Grandview Handimart. He noted that the agenda needs to amended to reflect the correction. The resolution is correct as printed.

Council Member Pazour introduced her brother, John Pazour. He is the City Manager for the City of Centennial, Colorado.

Moved by Pazour, seconded by Lammers to approve the consent calendar as follows with the correction to Res. No. 18742:

Motion concurring with staff recommendation to withdraw from Historic Preservation Grant for preservation of old city documents.

Motion to receive and file request for sidewalk waiver on Par Circle adjacent to and south of detention basin (Winslow Heights First Addition) (Jon Morris and Todd Wood).

Motion to receive and file and refer to the Planning and Zoning Commission, as follows:

a.   Request to rezone property located south of Tower Terrace Road, west of 35th Street from A-1, Rural Restricted to R-2, Single-Family Residential, R-4, Four-Family Residential and PD-C, Planned Development-Commercial. Vaughn Farm Co./Hertz Farm Management, Inc. and Morris Wood, LLC (Jon Morris).
b.   Preliminary Plat and Preliminary Development Plan for Prairie Bend Addition, located south of Tower Terrace Road, west of 35th Street (Morris Wood, LLC).

Motion to approve Project Calendar regarding engineering payments as follows:

a.   Resolution No. 18738 approving Partial Payment No. 4 to Anderson-Bogert Engineers, Inc. for engineering services regarding the 2004 9th Street/14th Avenue Storm Project – Phase III in the amount of $3,000.00.
b.   Resolution No. 18739 approving Partial Payment No. 6 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 $6,472.60.

Resolution No. 18740 approving contract and bond for the 2006 Curb Replacement Project with Eastern Iowa Excavating and Concrete, LLC.

Motion to receive and file Public Services Department Strategic Plan.

Resolution No. 18741 approving contract with the City of Robins related to building inspection services.

Motion to approve the minutes of the April 4 and 6, 2006 City Council meetings.

Motion to approve bills as presented in the amount of $1,200,008.13.

Resolution No. 18742 approving renewal application for a Class C Beer permit with additional privilege’s for Sunday Sales for Nordstrom Oil Company dba Grandview Handimart.

Resolution No. 18743 approving contract and bond for the 2006 Lowe Park Ball Diamond Fencing Project with D & N Fencing.

Motion to receive and file Parks and Recreation Department Annual Report for 2005.

Motion to receive and file Parks and Recreation Department Operations Division Work Program for 2006.

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

Motion to receive and file e-mail regarding trash and litter at Azure Apartments on Boyson Road (Dennis Murdock, 1085 Indian Creek Circle).

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

Mayor Nieland opened the public hearing regarding a request to rezone property located at 600 10th 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). Planning and Development Director Tom Treharne presented the staff report. Jerry Blazek, 684 8th Avenue, was present to answer questions. Council Member Lammers asked Mr. Blazek what he plans to do with the building. Mr. Blazek stated that the schools and an early childhood facility may be interested in using the building. No other comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.

Ordinance No. 06-07 amending the Code of Ordinances regarding the rezoning of property located at 600 10th 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) was read by Adamson for initial consideration. Moved by Adamson, seconded by Pazour to approve the first reading of Ord. No. 06-07. All in favor, motion carried.

Resolution No. 18744 approving Nassif Professional Park Addition Final Plat and Memorandum of Agreement, located on the south side of Blairs Ferry Road, west of Lindale Drive (Nassif Professional Park, L.L.C.) was read by Wagner. Moved by Wagner, seconded by Pazour to approve Res. No. 18744. All in favor except Adamson, motion carried.

Moved by Wagner, seconded by Adamson to approve request for sidewalk waiver on Par Circle adjacent to and south of detention basin (Winslow Heights First Addition) (Jon Morris and Todd Wood). Jon Morris, representing JPM Enterprises, Inc., 2213 Aspen Ridge SE, Cedar Rapids, noted that he had submitted a letter requesting that Council approval a sidewalk waiver. Comments were heard from Council Members Lammers, Pazour, Rehn, and Adamson. Roll Call: Yeas: None. Nays: Wagner, Rehn, Lammers, Pazour, and Adamson. Abstention due to conflict of interest: Mayor Nieland. Motion failed.

Moved by Rehn, seconded by Wagner to concur with Planning and Zoning Commission recommendation not to proceed with proposed mailbox ordinance (Kim McCarty, Marion Postmaster request). Kim McCarty, 3097 3rd Street, representing the United States Postal Service, explained that his intent was to have the location of the cement pads for the centralized delivery units noted on the preliminary plat. City Manager Jeff Schott suggested that Mr. McCarty be involved in the plat review process. All in favor, motion carried.

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

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

Moved by Adamson, seconded by Pazour to approve a six-month extension of sidewalk installation on 29th Avenue adjacent to 2890 Brandon Court (Jeffrey and Denise Kopp). All in favor, motion carried.

Resolution No. 18745 approving agreement with Arcon Development, Inc. for acquisition and construction of Dry Creek Regional Detention Basin Project was read by Wagner. Moved by Wagner, seconded by Rehn to approve Res. No. 18745. All in favor, motion carried.

Mayor Nieland opened the public hearing regarding the 2006 Sanitary Sewer Repair Project. No comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.

Resolution No. 18746 accepting bids and awarding a contract to Connolly Construction (Peosta, Iowa) for the 2006 Sanitary Sewer Repair Project in the amount of $58,852.90 was read by Wagner. Moved by Wagner, seconded by Rehn to approve Res. No. 18746. All in favor, motion carried.

Moved by Rehn, seconded by Pazour to approve the Project Calendar for the 2006 Business Highway 151 HMA Resurfacing Project, as follows:

a.   Motion to retain City Engineer as Project Engineer regarding the 2006 Business Highway 151 HMA Resurfacing Project.
b.   Resolution No. 18747 approving Resolution of Necessity regarding the 2006 Business Highway 151 HMA Resurfacing Project.
c.   Resolution No. 18748 ordering preparation of detailed plans, specifications, notice of hearing, notice to bidders, form of contract and estimate of cost regarding the 2006 Business Highway 151 HMA Resurfacing Project.
d.   Resolution No. 18749 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost regarding the 2006 Business Highway 151 HMA Resurfacing Project.

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

Council discussed the McGowan Boulevard street repairs and possible funding sources. Moved by Pazour, seconded by Lammers to direct staff to prepare policy regarding special assessment for construction of new traffic signals. All in favor, motion carried.

Council discussed the policy regarding special assessment for construction of new traffic signals.

Mayor Nieland opened the public hearing regarding nuisance enforcement approach. No comments, written or verbal, were received. Mayor Nieland continued the public hearing until further notice.

Ordinance No. 06-08 amending Chapter 120 of the Code of Ordinances relating to liquor license inspection fees was read by Wagner for initial consideration. Moved by Wagner, seconded by Rehn to approve the first reading of Ord. No. 06-08. All in favor, motion carried. Moved by Pazour, seconded by Rehn to suspend the rules and place Ord. No. 06-08 on the agenda for adoption and to adopt Ord. No. 06-08. All in favor, motion carried.

Resolution No. 18750 approving an outdoor permit for the Class C (BW) Liquor (Beer/Wine) permit for Amy J. Bean dba Mr. Bean was read by Adamson. Moved by Adamson, seconded by Pazour to approve Res. No. 18750. All in favor, motion carried.

Finance Director Wes Nelson requested that Resolution No. 18755, approving an outdoor permit for a Class C Liquor permit for Reynaldo’s Restaurants, Inc. dba as Reynaldo’s Mexican American Restaurant, be added to the agenda and approved. Resolution No. 18755, approving an outdoor permit for a Class C Liquor permit for Reynaldo’s Restaurants, Inc. dba as Reynaldo’s Mexican American Restaurant was read by Pazour. Moved by Pazour, seconded by Wagner to approve Res. No. 18755. City Attorney Don Hoskins stated that State law does allow for action on an item not on the printed agenda if it is emergency in nature. Mr. Hoskins noted that Reynaldo’s is planning an outdoor event for May 5th and needs to have the permit for that event. 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 second consideration. Moved by Wagner, seconded by Pazour to approve the second reading of Ord. No. 06-06. All in favor, motion carried.

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

Ordinance No. 06-09 relating to the registration and sale of keg beer and providing penalties was read by Rehn initial consideration. Moved by Rehn, seconded by Pazour to approve the first reading of Ord. No. 06-09. All in favor, motion carried.

Moved by Pazour, seconded by Adamson to suspend the rules and place Ord. No. 06-09 on the agenda for adoption and to adopt Ord. No. 06-09. Moved by Rehn, seconded by Pazour to amend the motion to have the Ordinance effective as soon as published instead of June 1, 2006 as stated in the Ordinance. All in favor of motion to suspend the rules, motion carried. All in favor of motion as amended, motion carried.

Ordinance No. 06-10 relating to the possession of alcoholic liquor, wine, or beer by minors and providing penalties was read by Lammers for initial consideration. Moved by Lammers, seconded by Pazour to approve the first reading of Ord. No. 06-10. All in favor, motion carried.

Ordinance No. 06-11 amending Chapter 131 of the Code of Ordinances – Amusement Licenses relating to Astrologers was read by Pazour for initial consideration. Moved by Pazour, seconded by Lammers to approve the first reading of Ord. No. 06-11. Roll Call: Yeas: Rehn, Lammers, Pazour, Adamson, and Wagner. Nays: Nieland. Motion carried.

Moved by Adamson, seconded by Pazour to approve the Project Calendar regarding the FY 05-06 and FY 06-07 budgets, as follows:

a.   Resolution No. 18732 approving Early Retirement Option Program for FY 06-07.
b.   Resolution No. 18751 setting public hearing for May 18, 2006 regarding FY 05-06 budget amendment.
c.   Motion to receive and file Department Performance Criteria for FY 06-07.
d.   Motion to receive and file Pay-for-Performance recommendations for Department Heads.
e.   Resolution No. 18752 approving renewal of health insurance/third party administration for FY 06-07.
f.   Resolution No. 18753 approving renewal of long-term disability and group life insurance for FY 06-07.
g.   Resolution No. 18754 approving six-month extension of Communications Consultant contract with Lynda L. Waddington. 
h.   Motion setting special City Council meeting for June 29, 2006 at 4:00 p.m. for approval of year-end bills.

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

Moved by Wagner, seconded by Rehn to approve Hold Harmless Agreement for Bookmark Café to allow outdoor seating on city right-of-way adjacent to 1120 7th Avenue subject to the following conditions: (1) not more than two tables and four chairs; (2) tables and chairs must be taken inside each night; (3) tables and chairs to be located between curb and main sidewalk (to line up with tree grates and planters); (4) if problems arise, the City Council may rescind the approval. All in favor, motion carried.

Ordinance No. 06-12 repealing Chapter 132 of the Code of Ordinances and enacting a new Chapter in lieu thereof providing regulations for taxicabs and limousines in the City of Marion and penalties for the violation thereof was read by Wagner for initial consideration. Moved by Wagner, seconded by Pazour to approve the first reading of Ord. No. 06-12. All in favor, motion carried.

Mayor Nieland recommended the appointment of Ann Gillaspie, 1640 Grand Avenue, to the ADA Committee. Moved by Rehn, seconded by Pazour to concur with the Mayor’s recommendation. All in favor, motion carried.

Council Discussion Time:

Council Member Pazour suggested holding all of the public hearings at the beginning of the Council meeting.

Council Member Lammers commented regarding council member questions during public hearings. She noted that the public needs to be given adequate information.

Council Member Pazour expressed concern about the development on Lindale Drive and removal of the trees.

Mayor Nieland commented on the article in the Cedar Rapids Gazette regarding the payout of comp time to Emergency Management Director Ned Wright. He stated that he has asked City Manager Jeff Schott to review our current policy. Mr. Schott noted that currently department heads do not get paid out for comp time upon leaving employment but other employees would receive payment.

Council Member Adamson commended Mayor Nieland and Council Member Wagner for reviewing funding options for the McGowan Boulevard repairs.

Council Member Adamson expressed concern with motorists rolling through stop signs instead of coming to a complete stop.

Mayor Nieland adjourned the meeting at 8:25 p.m.

____________________________
John B. Nieland, Mayor

Attest:

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Beth J. Little, Assistant City Clerk