May 17, 2007

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, May 17, 2007, 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, Lammers, Pazour, and Adamson.  Absent:  Mayor Nieland.

The meeting was opened with the Pledge of Allegiance.

Moved by Pazour, seconded by Lammers to receive and file email correspondence from Terry F. Chew, PE, Anderson Bogert Engineers and Surveyors, Inc. regarding establishing parking restrictions in new developments.  All in favor, motion carried.

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

Resolution No. 19381 approving Payment No. 1 to East Central Iowa Council of Governments for administration of a Community Development Block Grant (CDBG) Program for an Economic Development Set-Aside Loan Launch Kwik-Way, Inc. in the amount of $720.00.

Resolution No. 19382 setting public hearing for June 7, 2007 regarding a request to rezone property located at the northeast corner of 31^st Street and Munier Road from A-1, Rural Restricted to R-2, Medium Density, Single-Family Residential, C-3, General Commercial and C-4, Warehouse/Commercial (Robin J. Holub).

Resolution No. 19383 setting public hearing for June 7, 2007 regarding City-initiated rezoning of Mary E. Stark property located east of Alburnett Road, north of Randolph Road from Linn County “A” to A-1, Rural Restricted.

Motion to receive and file Spectrum Addition Final Plat, located west of South 22^nd Street between 1^st Avenue and A Avenue (Douglas W. Henderson, Spectrum Enterprises).

Motion to receive and file and refer to the Planning and Zoning Commission, as follows:
a.    Spectrum Addition Preliminary Plat, located west of South 22^nd Street between 1^st Avenue and A Avenue (Douglas W. Henderson, Spectrum Enterprises).
b.     Request to vacate and sell a portion of the east/west alley bounded by 7^th and 8^th Avenues and 22^nd and 25^th Streets (adjacent to Lot 14, Durhams Addition) (Eldon D. McMillen).

Motion to receive and file correspondence related to development agreement (Rapids Wholesale Equipment Co.).

Motion to approve Project Calendar regarding Engineering Department payments, as follows:
a.     Resolution No. 19384 approving Partial Payment No. 2 to Rathje Construction Co. regarding the 2007 Orrian Drive Sanitary Draintile Project in the amount of $1,140.00.
b.     Resolution No. 19385 approving Partial Payment No. 8 to Shive-Hattery, Inc. for engineering services regarding the 29^th Avenue Extension Project in the amount of $17,576.45.

Resolution No. 19386 approving contract and bond for the 2007 Curb

Replacement Project with City Wide Construction Corp.

Resolution No. 19387 accepting the Temporary Construction Easement Agreement with Frances Kula, 600 Central Avenue, regarding the 2007 Sidewalk Assessment Project.

Resolution No. 19388 accepting the 2007 Orrian Drive Sanitary Drainage Project.

Resolution No. 19389 accepting the 2006 Sidewalk Repair Project.

Motion to receive and file 2007 Engineering Department Strategic Plan.

Motion to receive and file correspondence related to establishing parking restrictions in new developments (Jim Dyer, President, Dyer, Inc. and Greater Cedar Rapids Area Home Builders Assoc.).

Motion to approve the minutes of the May 1 and May 3, 2007 City Council meetings.

Motion to approve bills as presented in the amount of $868,688.88

Resolution No. 19390 approving new application for a Class B Beer permit with additional privilege for Sunday Sales for Mama Oyiza Enterprises, LLC dba Michello’s Pizzeria (808 7^th Avenue).

Resolution No. 19391 approving final payment to Clifton Gunderson in the amount of $270 for the FY 05-06 annual audit.

Motion authorizing the sale of city property at public auction on May 24, 2007.

Motion to approve Project Calendar regarding FY 07-08 budget as follows:
a.     Resolution No. 19392 approving agreements for FY 07-08 Hotel-Motel funding with Marion Merchants Association and Greater Cedar Rapids Golf Open.

b.     Resolution No. 19393 approving renewal of health insurance for FY 07-08.
c.     Resolution No. 19394 approving non-bargaining pay schedule for FY 07-08.

Motion to receive and file departmental monthly reports for April 2007.

Motion to receive and file request to hold concert in City Hall on June 7, 2008 (Red Cedar Chamber Music).

Motion to receive and file correspondence regarding Mediacom Cable Company (Chris Mueller, 6732 Arrow Point Court).

Ordinance No. 07-09 amending the Code of Ordinances by establishing a schedule fine for engine brake and by deleting obsolete provisions regarding speed limit on 44^th Street and railroad regulations was read by Pazour for second consideration.  Moved by Pazour, seconded by Wagner to approve the second reading of Ord. No. 07-09.  All in favor, motion carried.

Moved by Pazour, seconded by Lammers to suspend the rules and place Ord. No. 07-09 on the agenda for adoption and to adopt Ord. No. 07-09.  All in favor, motion carried.

Moved by Adamson, seconded by Wagner to approve changing work session meeting times from 3:00 p.m. to 4:00 p.m. effective July 1, 2007.  Council Member Pazour called the question.  Roll Call:  Yeas:  Rehn, Lammers, Pazour, Adamson, Cram, and Wagner.  Nays:  None.  Motion carried.

Mayor pro tem Rehn opened the public hearing on the FY 06-07 budget amendment.  City Manager Lon Pluckhahn presented the staff report.  No other comments, written or verbal, were received.  Mayor pro tem Rehn declared the public hearing closed.

Resolution No. 19401 approving the FY 06-07 budget amendment was read by Cram.  Moved by Cram, seconded by Pazour to approve Res. No. 19401.  All in favor, motion carried.

Council Discussion:
          Mayor pro tem Rehn thanked Marion Times reporter Cathy Beke for her reporting of the City Council meetings.  Ms. Beke is leaving the Marion Times.
          Council Member Adamson congratulated his nephew, Adam Bohach, from Spillville, Iowa, on being featured in an article on education in the Cedar Rapids Gazette on Sunday, May 13^th.  Mr. Bohach just graduated from Luther College.
          Council Member Pazour congratulated Mayor Nieland on his induction into the Marion Independent School Hall of Fame.
          Council Member Pazour noted that Vicki Hughes, Director the Usher’s Ferry, is leaving.  She thanked Ms. Hughes for her service.  Mayor pro tem Rehn also wished Ms. Hughes the best.

Mayor pro tem Rehn adjourned the meeting at 7:53 p.m.

                                                                      ____________________________ 
Paul E. Rehn, Mayor pro tem

Attest:

_____________________________
Beth J. Little, Assistant City Clerk