July 6, 2006

 

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

The meeting was opened with the Pledge of Allegiance.

Ordinance No. 06-14 amending the Code of Ordinances regarding a request to rezone property located at the southwest corner of Tower Terrace Road and 35^th Street in Marion, Linn County, Iowa, from A-1, Rural Restricted to PD-C, Planned Development-Commercial (Morris Wood, LLC) was read by Pazour for final consideration.  Moved by Pazour, seconded by Wagner to approve the third reading of Ord. No. 06-14.  All in favor, motion carried.

Ordinance No. 06-15 amending the Code of Ordinances regarding a request to rezone property located south of Tower Terrace Road west of 35^th Street in Marion, Linn County, Iowa, from A-1, Rural Restricted to R-2, Medium Density Single-Family Residential and R-4, Four-Family Residential (Morris Wood, LLC) was read by Adamson for final consideration.  Moved by Adamson, seconded by Lammers to approve the third reading of Ord. No. 06-15.  All in favor, motion carried.

Moved by Wagner, seconded by Pazour to receive and file request for waiver of subdivision regulations to allow the division of property by Plat of Survey for transfer purposes only for property located north of 29^th Avenue on either side of 44^th Street extended (Hanzac, L.L.P.).  Planning and Development Director Tom Treharne stated that the petitioner has requested that the waiver be approved tonight.  Mr. Treharne noted that approval of the waiver was not on the printed agenda.  City Manager Jeff Schott noted that he discussed the request with City Attorney Don Hoskins.  City Attorney Don Hoskins noted that State law allows for action on an item not on the printed agenda if it is urgent in nature.  The petitioner needs the waiver to be approved so that he can transfer the property.  All in favor, motion carried.

Resolution No. 18905 approving request for waiver of subdivision regulations to allow the division of property by Plat of Survey for transfer purposes only for property located north of 29^th Avenue on either side of 44^th Street extended (Hanzac, L.L.P.) was read by Pazour.  Moved by Pazour, seconded by Lammers to approve Res. No. 18905.  All in favor, motion carried.

Resolution No. 18879 approving contract with Tallgrass Historians, LLC for survey and evaluation of the Downtown Commercial District in the amount of $12,120.00 was read by Lammers.  Moved by Lammers, seconded by Pazour to approve Res. No. 18879.  Council Member Wagner noted that the council memo indicated the proposal from Tallgrass Historians, LLC was in the amount of $12,040.  The Resolution was amended by acclamation to approve contract with Tallgrass Historians, LLC for survey and evaluation of the Downtown Commercial District in the amount of $12,040.00.  All in favor of motion as amended, motion carried.

Resolution No. 18880 approving the Final Plat and Memorandum of Agreement for Duling First Addition, located east of 13^th Street north of 2^nd Avenue (Ed Duling) was read by Pazour.  Moved by Pazour, seconded by Lammers to approve Res. No. 18880.  Planning and Development Director Tom Treharne presented the staff report.  All in favor, motion carried.

Moved by Adamson, seconded by Pazour to approve the Project Calendar regarding Planning and Development Department payments, as follows:
a.     Resolution No. 18881 approving payment to Marion Independent School District related to Project Homework in the amount of $977.39.
b.     Resolution No. 18882 approving Partial Payment No. 10 to Heskje Painting related to the Housing Rehabilitation Program, Project No. 1, in the amount of $19,718.00.
All in favor of motion to approve the Project Calendar, motion carried.

 

Moved by Wagner, seconded by Pazour to receive and file and refer to the Planning and Zoning Commission correspondence stating no objection to proposed revisions to English Glen Preliminary Addition (Jerry’s Homes, Inc.).  All in favor, motion carried.

Moved by Lammers, seconded by Pazour to approve the Project Calendar regarding Engineering Department payments, as follows:
a.     Resolution No. 18883 approving Partial Payment No. 1 to Snyder and Associates for engineering services regarding the 2006 GPS Structure Location Survey in the amount of $39,200.00.
b.     Resolution No. 18884 approving Partial Payment No. 6 to Veenstra & Kimm, Inc. for engineering services regarding the Squaw Creek Basin Flood Map Revisions in the amount of $6,971.72.
c.     Resolution No. 18885 approving Partial Payment No. 1 to Eastern Iowa Excavating & Concrete L.L.C. regarding the 2006 Curb Replacement Project in the amount of $14,476.15.
d.     Resolution No. 18886 approving payment to Fritz Development LLC for reimbursement for sanitary sewer oversizing relating to the Winslow Road Sanitary Sewer Extension Project associated with the Hunters Field First Addition to the City of Marion in the amount of $9,135.50.
All in favor of motion to approve the Project Calendar, motion carried.

Mayor pro tem Rehn opened the public hearing regarding the 2006 HMA Resurfacing Project.  City Engineer Dan Whitlow presented the staff report.  City Manager Jeff Schott noted that there is only one asphalt contractor in the area.  No other comments, written or verbal, were received.  Mayor pro tem Rehn declared the public hearing closed. 

Resolution No. 18887 accepting bids and awarding a contract to L.L. Pelling Co. for the 2006 HMA Resurfacing Project in the amount of $402,155.00 was read by Pazour.  Moved by Pazour, seconded by Lammers to approve Res. No. 18887.  All in favor, motion carried.

Resolution No. 18888 accepting public improvements to the Winslow Road Sanitary Sewer Extension Project was read by Adamson.  Moved by Adamson, seconded by Pazour to approve Res. No. 18888.  All in favor, motion carried.

Resolution No. 18889 setting public hearing for July 20, 2006 regarding establishing hook-up fees related to the Winslow Road Sanitary Sewer Extension Project was read by Wagner.  Moved by Wagner, seconded by Lammers to approve Res. No. 18889.  All in favor, motion carried.

Moved by Lammers, seconded by Wagner to approve the Project Calendar regarding Tower Terrace Road (35^th Avenue) right-of-way easement acquisition and development agreement, as follows:
a.     Resolution No. 18890 approving a right-of-way easement acquisition and development agreement with Robert E. and Nina L. Schlegel regarding Tower Terrace Road (35^th Avenue).
b.     Resolution No. 18891 approving payment to Robert E. and Nina L. Schlegel regarding agreement for Tower Terrace Road (35^th Avenue) in the amount of $76,773.42.
c.     Resolution No. 18892 approving payment to Mooney-Engle Land Company, LLC regarding agreement for Tower Terrace Road (35^th Avenue) in the amount of $11,773.42.
d.     Resolution No. 18893 approving carryover from FY 05-06 to FY 06-07 budget in Road Use Fund for Tower Terrace Road (35^th Avenue) alignment ($90,000).
City Engineer Dan Whitlow presented the staff report.  All in favor of motion to approve the Project Calendar, motion carried.

 

Resolution No. 18894 setting public hearing for July 20, 2006 regarding amending Chapter 155 of the Code of Ordinances, Erosion and Sediment Control for Construction Sites was read by Pazour.  Moved by Pazour, seconded by Lammers to approve Res. No. 18894.  City Engineer Dan Whitlow presented the staff report.  All in favor, motion carried.

Moved by Adamson, seconded by Pazour to receive and file and refer to staff correspondence related to detention basin located on Indian Creek Road north of Stone Creek Court.  City Engineer Dan Whitlow reviewed the request with Council.  All in favor, motion carried.

Moved by Wagner, seconded by Pazour to receive and file and refer to TAC request for pedestrian crosswalk at Alburnett Road and Boyson Road (Wendell Debner, Faith Lutheran Church).  City Engineer Dan Whitlow reviewed the request with Council.  Council Member Pazour withdrew her second.  Moved by Wagner, seconded by Pazour to receive and file the request for pedestrian crosswalk at Alburnett Road and Boyson Road (Wendell Debner, Faith Lutheran Church).  All in favor, motion carried.

Resolution No. 18895 approving agreement with Linn County regarding maintenance of shared roads was read by Lammers.  Moved by Lammers, seconded by Pazour to approve Res. No. 18895.  All in favor, motion carried.

Moved by Pazour, seconded by Wagner to receive and file correspondence regarding removal of trees on city property (Richard Norem, 3554 Willowood Avenue).  Public Services Director Tom Newbanks, Parks Director Richard Fox, and City Manager Jeff Schott reviewed the request with Council.  All in favor, motion carried.

Resolution No. 18896 approving revised citizen request policy was read by Adamson.  Moved by Adamson, seconded by Wagner to approve Res. No. 18896.  All in favor, motion carried.

Moved by Wagner, seconded by Pazour to approve the minutes of the June 13, 15 and 29, 2006 City Council meetings.  All in favor, motion carried.

Moved by Lammers, seconded by Pazour to approve bills as presented in the amount of $144,658.06.  All in favor, motion carried.

Resolution No. 18897 approving an amendment to the current outdoor permit for July 15 –16, 2006, for the Class C Liquor Permit for Dumas’s, L.C. dba Dumas’s was read by Pazour.  Moved by Pazour, seconded by Lammers  to approve Res. No. 18897.  All in favor, motion carried.

Resolution No. 18898 approving findings of fact regarding alcohol establishment violation (Kats Lounge, 740 10^th Street) was read by Adamson.  Moved by Adamson, seconded by Wagner to approve Res. No. 18898.  All in favor, motion carried.

Mayor pro tem Rehn opened the public hearing regarding lease/purchase of geothermal system for Lowe Park Arts and Environment Center.  City Manager Jeff Schott presented the staff report.  No other comments, written or verbal, were received.  Mayor pro tem Rehn declared the public hearing closed.

Resolution No. 18899 authorizing and approving a loan agreement and providing for the issuance of a $60,255 General Obligation Geo-Thermal System Note and providing for the levy of taxes to pay the same (Lowe Park) was read by Wagner.  Moved by Wagner, seconded by Pazour to approve Res. No. 18899.  All in favor, motion carried.

Moved by Lammers, seconded by Pazour to receive and file job description for Parks Maintenance Supervisor.  All in favor, motion carried.

Moved by Pazour, seconded by Lammers to approve the Project Calendar related to the 2005 City Hall Project, as follows:
a.     Resolution No. 18900 approving Partial Payment No. 9 to Kleiman Construction related to the 2005 City Hall Project in the amount of $378,052.50.
b.     Resolution No. 18901 approving Change Order No. 3 to Kleiman Construction related to the 2005 City Hall Project in the amount of $14,749.18.
c.     Resolution No. 18902 approving Partial Payment No. 3 to Pioneer Workspace Solutions related to 2005 City Hall Project in the amount of $1,803.75.
City Manager Jeff Schott updated Council on the project and reviewed the change order.  All in favor of motion to approve the Project Calendar, motion carried.

Resolution No. 18903 approving two-year renewal of Employee Assistance Program with Mercy EAP Services was read by Adamson.  Moved by Adamson, seconded by Pazour to approve Res. No. 18903.  All in favor, motion carried.

Resolution No. 18904 approving renewal of agreement for printing/ distribution of Marion Messenger with Marion Times for FY 06-07 in the amount of $10,510 was read by Wagner.  Moved by Wagner, seconded by Pazour to approve Res. No. 18904.  All in favor, motion carried.

Moved by Lammers, seconded by Pazour to receive and file request to park band shell on the east side of 11^th Street, north of entrance to mall from July 20, 2006 to 10:00 p.m. on July 21, 2006 (Joel Whitehouse request).  All in favor, motion carried.

Moved by Pazour, seconded by Wagner to approve the Project Calendar related to requests for Waiver of Noise Ordinance/Hold Harmless Agreements, as follows:
a.     Joel Whitehouse Band Concert – City Square Park, July 21, 2006 from 6:00 p.m. to 10:00 p.m.
b.     Downtown Getdown, City Square Park, August 3, 10, 17, 24, 2006 from noon to 10:00 p.m. (Marion Chamber of Commerce).
c.     Dumas’s Outdoor Summer Party, 1803 6^th Avenue, July 15, 2006 from 5:00 p.m. to 10:00 p.m.
All in favor of motion to approve the Project Calendar, motion carried.

City Manager Jeff Schott reported to Council regarding the electronic citizen survey.  He explained that there were very few responses to the survey on the City website so the citizen survey will be mailed again next spring.

Council Discussion:
          Council Member Lammers noted that the American Legion will hold there state convention in Marion.  A parade is scheduled for July 15^th.  Council Member Pazour noted that the All Iowa Veterans Band will have a concert at the park.
          Council Member Adamson asked if Council would like to meet to discuss the book “Boomtown USA” by Jack Schultz.  City Manager Jeff Schott suggested that Council Member Adamson, Planning and Development Director Tom Treharne and the Mayor meet to develop a plan.

Moved by Adamson, seconded by Pazour to adjourn to executive session regarding 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:  Wagner, Rehn, Lammers, Pazour, and Adamson.  Nays:  None.  Motion carried.