May 4, 2006

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, May 4, 2006, at 7:00 p.m. in the council chambers of City Hall with Mayor Nieland presiding and the following council members present:  Cram, Wagner, Rehn, Lammers, Pazour, and Adamson.  Absent:  None.

The meeting was opened with the Pledge of Allegiance.

Mayor Nieland read a proclamation declaring May 5, 2006 as Jason Bohannon Day in the City of Marion.  Jason Bohannon is a senior at Linn-Mar High School.  He received the Mr. Basketball of Iowa award for 2006.  Mayor Nieland presented the proclamation to Jason.

Moved by Rehn, seconded by Pazour to receive and file a letter from Scott Draper, 2690 26^th Avenue, regarding curb in front of his residence and access to his office.  All in favor, motion carried.

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

Motion to receive and file request regarding Ordinance 06-07 (Jerry Blazek).

Motion to receive and file request to vacate 20’ drainage easement at 1710 Winslow Court (Raymond and Lorna Richards).

Motion to approve Project Calendar regarding Planning and Development payments, as follows:
a.    Resolution No. 18755 approving Partial Payment No. 3 to Howard R. Green Company for services related to the 2004 Brownfields Cleanup Grant in the amount of $4,975.25.
b.    Resolution No. 18756 approving Partial Payment No. 6 to Flat Earth Planning for services related to updating the Marion Zoning Ordinance in the amount of $390.00.
c.     Resolution No. 18757 approving Partial Payment No. 16 to East Central Iowa Council of Government for administration of the Housing Rehabilitation Grant Program in the amount of $2,565.00.
d.     Resolution No. 18758 approving Partial Payment No. 1 to R.J. Construction related to the Housing Rehabilitation Grant Program -Project No. 8 in the amount of $14,696.00.
e.     Resolution No. 18759 approving Payment No. 1 for relocation assistance related to the Housing Rehabilitation Grant Program - Project No. 9 in the amount of $700.00.

Motion to receive and file and refer to Planning and Zoning Commission, as follows:
a.     Request for Land Use Map amendment related to property located south of Tower Terrace Road, west of 35^th Street (Morris Wood, LLC).
b.     Stonefield Fifth Addition Final Plat, located west of 10^th Street, south of Barrington Parkway (Mooney-Engle Land Company, LLC).

Motion to approve Project Calendar regarding engineering payments as follows:
a.     Resolution No. 18760 approving Partial Payment No. 4 to Veenstra & Kimm, Inc. for engineering services regarding the Squaw Creek Basin Flood Map Revisions in the amount of $4,146.96.
b.     Resolution No. 18761 approving payment to Hunters Ridge Development Co., L.C. for reimbursement for overwidth/overdepth of pavement related to Winslow Road associated with the Hunters Ridge Golf Club 15^th Addition in the amount of $18,937.69.
c.     Resolution No. 18762 approving Partial Payment No. 2 to Borst Bros. Construction, Inc. for the 2006 9^th Street/14^th Avenue Storm Sewer Reconstruction Project – Phase III in the amount of $74,953.20.

Resolution No. 18763 approving contract and bond for the 2006 Sanitary Sewer Repair Project with Connolly Construction Co.

Resolution No. 18764 approving 28E agreement with Linn County to perform maintenance of Tower Terrace Road from 35^th Street to Highway 13 and Artesian Road from Indian Creek Bridge to Highway 13.

Motion directing Public Services Department to contact City of Cedar Rapids regarding painting of “right turn only” lane eastbound on Blairs Ferry Road.

Motion to receive and file correspondence regarding nuisances (John Marlin, 313 6^th Avenue).

Motion to approve the minutes of the April 18 and 20, 2006 City Council meetings.

Motion to approve bills as presented in the amount of $276,591.55. 

Resolution No. 18765 setting hearing for June 1, 2006 regarding appeal of alcohol penalty (Kats Lounge).

Motion to approve Project Calendar regarding Hold Harmless Agreements, as follows:
a.     Motion to approve Waiver of Noise Ordinance/Hold Harmless Agreement related to Marion By Moonlight in City Square Park on June 1, 8, 15, 22 and 29, 2006 (Farmers State Bank).
b.     Motion to approve Waiver of Noise Ordinance related to Kick-Off for Young Adult Summer Reading on June 12, 2006 from 6:30 – 8:30 p.m. in City Square Park (Marion Library).
c.     Motion to approve Waiver of Noise Ordinance related to Cinco DeMayo celebration on May 5, 2006 from 6:00 – 9:00 p.m. at Reynaldo’s Restaurant, 475 Northland Avenue N.E. (Reynaldo’s).
d.     Motion to approve Waiver of Noise Ordinance/Hold Harmless Agreement related to Martin Design PM Exchange on July 20, 2006, on 11^th Street between 7^th and 8^th Avenues from 1:00 p.m. to 8:00 p.m. (Martin Design, PC).

Motion to receive and file correspondence regarding bus service (Ann Freeman, 5960 East Kacena Avenue).

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

Ordinance No. 06-07 amending the Code of Ordinances regarding the rezoning of 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) was read by Lammers for second consideration.  Moved by Lammers, seconded by Pazour to approve the second reading of Ord. No. 06-07.  All in favor, motion carried.

Moved by Pazour, seconded by Rehn to suspend the rules and place Ord. No. 06-07 on the agenda for adoption and to adopt Ord. No. 06-07.  All in favor, motion carried.

Resolution No. 18766 approving contract with the State Historical Society of Iowa for Certified Local Governments for the Historical/Architectural Survey and Evaluation of the Downtown District (Grant No. 2006.04) in the amount of $20,109.25 (includes local match of $8,069.25) was read by Pazour.  Moved by Pazour, seconded by Wagner to approve Res. No. 18766.  All in favor, motion carried.

Resolution No. 18767 setting public hearing for June 1, 2006 regarding amendment to Five-Year Capital Improvement Program for FY 06-07 to 10-11 related to McGowan Boulevard street repairs was read by Adamson.  Moved by Adamson, seconded by Pazour to approve Res. No. 18767.  City Manager Jeff Schott presented the staff report regarding funding of the McGowan Boulevard reconstruction.  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 Cram for final consideration.  Moved by Cram, seconded by Pazour to approve the third reading of Ord. No. 06-04.  All in favor, motion carried.

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

Moved by Rehn, seconded by Pazour to approve the Project Calendar for the 2006 Cemetery Storm Sewer Reconstruction Project, as follows:
a.    Motion to retain City Engineer as Project Engineer regarding the 2006 Cemetery Storm Sewer Reconstruction Project.
b.    Resolution No. 18768 approving Resolution of Necessity regarding the 2006 Cemetery Storm Sewer Reconstruction Project.
c.    Resolution No. 18769 ordering preparation of detailed plans, specifications, notice of hearing, notice to bidders, form of contract and estimate of cost regarding the 2006 Cemetery Storm Sewer Reconstruction Project.
d.    Resolution No. 18770 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost regarding the 2006 Cemetery Storm Sewer Reconstruction Project.
All in favor of motion to approve the Project Calendar, motion carried.

Mayor Nieland opened the public hearing regarding the 2006 Sidewalk Assessment Project.  City Engineer Dan Whitlow presented the staff report. No other comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Moved by Lammers, seconded by Pazour to approve the Project Calendar regarding the 2006 Sidewalk Assessment Project, as follows:
a.     Resolution No. 18771 amending the resolution of necessity regarding the 2006 Sidewalk Assessment Project.
b.     Resolution No. 18772 overruling objections (or amendments) regarding the 2006 Sidewalk Assessment Project.
c.     Resolution No. 18773 approving the final resolution of necessity regarding the 2006 Sidewalk Assessment Project.
d.     Resolution No. 18774 approving and adopting preliminary plans and specifications regarding the 2006 Sidewalk Assessment Project.
e.     Resolution No. 18775 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost regarding the 2006 Sidewalk Assessment Project.
All in favor of motion to approve the Project Calendar, motion carried.

Resolution No. 18776 approving contract with Snyder and Associates for engineering services regarding the 2006 GPS Structure Location Survey in an amount not to exceed $150,000 was read by Pazour.  Moved by Pazour, seconded by Lammers to approve Res. No. 18776.  All in favor, motion carried.

Resolution No. 18777 approving “25 mph When Children Present” signs on North 10^th Street adjacent to Linn-Mar Campus was read by Adamson.  Moved by Adamson, seconded by Wagner to approve Res. No. 18777.  All in favor, motion carried.

Moved by Cram, seconded by Pazour to approve recommendation from CIPA Committee regarding adding Nuisance Abatement to CIPA program.  All in favor, motion carried.

Resolution No. 18778 approving Special Class C Liquor License (Beer/Wine) with additional privilege for Sunday Sales for International Skillet dba American Skillet, 685 Marion Boulevard, was read by Wagner.  Moved by Wagner, seconded by Pazour to approve Res. No. 18778.  All in favor, motion carried.

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

Resolution No. 18779 approving Partial Payment No. 10 to Miron Construction related to Lowe Park Art and Environment Center Project, in the amount of $105,990.55, was read by Lammers.  Moved by Lammers, seconded by Pazour to approve Res. No. 18779.  All in favor, motion carried.

Resolution No. 18780 approving REAP Grant Agreement with the Iowa Department of Natural Resources related to acquisition of property south of Legion Park (Krumboltz Woods) in the amount of $150,000.00 was read by Pazour.  Moved by Pazour, seconded by Lammers to approve Res. No. 18780.  All in favor, motion carried.

Moved by Adamson, seconded by Rehn to approve the Project Calendar related to 2005 City Hall Project, as follows:
a.     Resolution No. 18781 approving Partial Payment No. 6 to Howard R. Green Company related 2005 City Hall Project regarding construction services in the amount of $3,000.
b.     Resolution No. 18782 approving Partial Payment No. 11 to Howard R. Green Company related to 2005 City Hall Project in the amount of $21,970.10.
c.     Resolution No. 18783 approving Partial Payment No. 3 (Final) to Howard R. Green Company for design services related to Council Room dais for the 2005 City Hall Project in the amount of $500.
d.     Resolution No. 18784 rescinding Resolution No. 18514, dated December 1, 2005, approving Change Order No. 2 and Resolution No. 18664, dated March 2, 2006, approving Change Order No. 3 to Kleiman Construction related to 2005 City Hall Project.
e.     Resolution No. 18785 approving Change Order No. 2 to Kleiman Construction related to 2005 City Hall Project in the amount of $53,178.41.
f.      Resolution No. 18786 approving Partial Payment No. 7 to Kleiman Construction related to 2005 City Hall Project in the amount of $465,558.90.
g.     Resolution No. 18787 approving Partial Payment No. 1 to Pioneer Workspace Solutions related to 2005 City Hall Project in the amount of $162.50.
h.     Resolution No. 18788 approving Partial Payment No. 7 to Terracon for soil testing services related to 2005 City Hall Project in the amount of $325.30.
All in favor of motion to approve the project calendar except Wagner, motion carried.

Ordinance No. 06-11 amending Chapter 131 of the Code of Ordinances – Amusement Licenses relating to Astrologers was read by Wagner for second consideration.  Moved by Wagner, seconded by Rehn to approve the second reading of Ord. No. 06-11.  All in favor except Cram and Adamson, 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 Cram for second consideration.  Moved by Cram, seconded by Wagner to approve the second reading of Ord. No. 06-12.  All in favor, motion carried.

Moved by Rehn, seconded by Wagner to cancel City Council work session on July 4, 2006.  All in favor, motion carried.

Council Discussion Time:
          Mayor Nieland noted that Finance Director Wes Nelson has received his Certified Municipal Clerk designation from the International Institute of Municipal Clerks. 
          Council Member Adamson suggested that community members read the book “Boomtown USA” by Jack Schultz.  Council Member Adamson presented copies of the book to Council Members to read.