The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, July 20, 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, Pazour, Lammers and Adamson. Absent: None.

The Meeting was opened with the Pledge of Allegiance.

City Manager Jeff Schott indicated that an e-mail from Matt Youngblut , 2210 Robert Dr. had been received regarding a National Night Out .  Mr. Youngblut requested that the City of Marion consider the same type of event. Moved by Rehn, seconded by Pazour to receive and file this correspondence.

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

 

Resolution No. 18906 approving Partial Payment No. 18 to East Central Iowa Council of Governments for administration of the Housing Rehabilitation Grant Program in the amount of $3,555.00.

Motion to receive and file plats, as follows:
a.           Briargate First Addition Final Plat, located north of 29^th Avenue, west of 44^th Street extended.  (Pheasant Ridge Development, LLC)
b.           Rolling Hills Estate Seventh Addition Final Plat, located north of Boyson Road, west of Beryl Street.  (Midwest Development Co.)
c.           Marion Churches Second Addition Final Plat, located east of Highway 13, south of Robinwood Lane.  (Marion Churches Senior Living Foundation)

Motion to receive and file and refer to the Planning and Zoning Commission, as follows:
a.          Oakbrook Third Addition Final Plat, located north of Highway 100, west of Menard Lane.  (Menard, Inc.)
b.           Request to rezone property located east of Armar Drive, south of Marion Boulevard from A-1, Rural Restricted to 0-2, Office-Park (Parcel C).  (City of Marion/Armstrong Development Company)
c.           Request to rezone property located east of Armar Drive, south of Marion Boulevard from A-1, Rural Restricted to 0-2, Office-Park (Parcel D)  (City of Marion/Armstrong Development Company)

Motion to approve Project Calendar regarding Engineering Department payments, as follows:
a.          Resolution No. 18907 approving Partial Payment No. 1 to Linn County regarding the Improvements to Tower Terrace Road in the amount of $3,500.00.
b.           Resolution No. 18908 approving Partial Payment No. 1 to Linn County regarding the improvements to Artesian Road in the amount of $8,009.50.

Resolution No. 18909 approving contract and bond for the 2006 HMA Resurfacing Project with L.L. Pelling Company.

Motion to receive, file and refer to TAC, as follows:  traffic control around new city hall, 3^rd Avenue/44^th Street, Valentine Drive/Artesian Road, South 26^th Street and Bullis Drive/ Pennington Drive, 3^rd Street/Barrington Parkway.

Motion to approve the minutes of the July 6, 2006 City Council meeting.

Motion to approve bills as presented in the amount of $1,054,447.69. 

Resolution No. 18910 approving renewal application for a Class C Beer permit with additional privilege for Sunday Sales for Inland Transport Company dba Marion Hawkeye Convenience Store, 2500 7^th Avenue.

Resolution No. 18911 approving an outdoor permit for July 29^th – July 30^th for the Class C Liquor License for Dean Wheeler dba Wheel’er In.

Resolution No. 18912 approving purchase of nineteen police portable radios from Graybill Communications in the amount of $22,151.00.

Motion to receive and file Civil Service Commission Certified Eligibility List for entry-level Police Officer.

Motion to receive and file Civil Service Commission Certified Eligibility List for entry-level Firefighter.

Resolution No. 18913 approving Partial Payment No. 12 to Miron Construction related to Lowe Park Art and Environment Center Project in the amount of $4,884.90

Motion approving FY 07-08 budget calendar – Council Budget Goal Setting Session – November 7.

Motion to receive and file correspondence regarding city hall roof.  (Howard R. Green Company.)

Resolution No. 18914 approving Partial Payment No. 8 to Howard R. Green Company related 2005 City Hall Project regarding construction services in the amount of $6,528.00.

Resolution No. 18915 approving payment to Ray and Associations for fact-finding services in the amount of $12,109.37.

Motion to approve Departmental Monthly Reports for June 2006.

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

Resolution No. 18916 approving the Final Plat and Memorandum of Agreement for Hunters Field First Addition, located west of Winslow Road, south of Huntington Hills Drive was read by Pazour.  Moved by Pazour, seconded by Wagner to approve Res. No. 18916.  All in favor, motion carried.

Resolution No. 18917 approving the Preliminary Plat of Prairie Bend Addition, located west of 35^th Street, south of Tower Terrace Road was read by Adamson.  Moved by Adamson, seconded by Lammers to approve Res. No. 18917.  All in favor, motion carried.  By unanimous consent, the Mayor corrected his vote to abstain.

Resolution No. 18918 approving Final Plat and Memorandum of Agreement for Glen Rock Farms Fifth Addition, located west of Winslow Road, north of Valentine Drive was read by Cram.  Moved by Cram, seconded by Pazour to approve Res. No. 18918.  All in favor, motion carried.

Moved by Wagner, seconded by Cram, consenting to filing of rezoning request regarding city-owned property located east of Armar Drive south of Marion Boulevard.  All in favor, motion carried.
 

Moved by Rehn, seconded by Pazour to approve Project Calendar regarding agreements related to 29^th Avenue Extension Project, as follows:
  a.        Resolution No. 18919 approving ICAAP Federal Aid Agreement with the Iowa Department of Transportation regarding the 29^th Avenue Extension Project.
  b.        Resolution No. 18920 approving STP Federal Aid Agreement with the Iowa Department of Transportation regarding the 29^th Avenue Extension Project.
All in favor, motion carried.

Mayor Nieland opened the public hearing regarding establishing hook-up fees related to the Winslow Road Sanitary Sewer Extension Project.  No comments, written or verbal were received.  Mayor Nieland declared the public hearing closed.

Ordinance No. 06-16 establishing hook-up fees related to the Winslow Road Sanitary Sewer Extension Project was read by Lammers for initial consideration.  Moved by Lammers, seconded by Rehn to approve Ord. No. 06-16 for initial consideration.  All in favor, motion carried.

Mayor Nieland opened the public hearing regarding amending Chapter 155 of the Code of Ordinances, Erosion and Sediment Control for Construction Sites. No comments, written or verbal were received.  Mayor Nieland declared the public hearing closed.

Ordinance No. 06-17 amending Chapter 155 of the Code of Ordinances, Erosion and Sediment Control for Construction Sites was read by Pazour for initial consideration. Moved by Pazour, seconded by Rehn to approve Ord. No. 06-17 for initial consideration.  All in favor, motion carried.

Resolution No. 18921 approving purchase of two replacement pick-up trucks from Junge Ford in the amount of $36,140 was read by Adamson. Moved by Adanson, seconded by Lammers to approve Res. No. 18921.  All in favor, motion carried.

Resolution No. 18922 approving purchase of tandem dump truck and equipment from Henderson Manufacturing, Manchester, Iowa, in the amount of $51,070 was read by Cram.  Moved by Cram, seconded by Pazour to approve Res. No. 18922.  All in favor, motion carried.

Resolution No. 18923 approving purchase of two unmarked police vehicles from Lynch Ford in the amount of $32,833.45 was read by Wagner.  Moved by Wagner, seconded by Cram to approve Res. No. 18923.  All in favor, motion carried

Moved by Rehn, seconded by Lammers to approve request for modification of noise levels/Hold Harmless Agreement from Wheel’er In, 620 Lindale Drive, July 29, 2006 – 10:00 a.m. – 10:00 p.m.  All in favor, motion carried.

City Manager Jeff Schott presented the quarterly report regarding City Council Action Plan.

Council Discussion:
          Council Member Pazour mentioned that there were several big sports events scheduled in the metro area that would help contribute to local option sales tax revenue.
          Council Member Lammers asked City Attorney Hoskins if it was legal for a landlord to be required to keep some rent back to upkeep rental properties.  Hoskins will check into it.

Mayor Nieland adjourned the meeting at 7:34 p.m.

 

______________________________
John B. Nieland, Mayor

Attest:

________________________________
Wesley A. Nelson, City Clerk