August 2, 2007

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, August 2, 2007, 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.

Police Chief Harry Daugherty presented a letter of appreciation from the United States Attorney’s office to Detective Lance Miller in recognition for his help in Operation Black Widow.  This operation involved a number of heroin overdose deaths.

Motion to receive and file correspondence regarding sanitary sewer hook-up fees for Champions Estate Additions, located east of Lucore Road, south of Artesian Road (G.S. Enterprises/Champion Estates).

Motion to receive and file request to vacate utility easement located on the south lot line of Lot 6, Dunn’s Industrial Park 2^nd Addition (Neff Metal Products, 693 49^th Street).

Motion to receive and file Prairie Bend Third Addition Final Plat, located west of 35^th Street south of Tower Terrace Road (Morris Wood Enterprises).

Motion to receive and file request for waiver of subdivision requirements by allowing issuance of one building permit prior to approval of Final Plat (Morris Wood Enterprises, LLC).

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

a.        Request to rezone property located east of North 10^th Street, south of Shamrock Woods from Linn County A to R-2, Medium Density Single-Family Residential (Virginia M. Duffy).

b.        Turning Stone Addition Preliminary Plat, extending Hunters Green Way westerly to North 10^th Street (Mooney-Engle Land Company, LLC).

 

Motion to approve Project Calendar regarding Engineering Department payments as follows:

a.         Resolution No. 19489 approving Partial Payment No. 4 to Tschiggfrie Excavating regarding the U.S. 151/Iowa 13 and Iowa 100 Intersection Improvement Project in the amount of $97,092.01.

b.         Resolution No. 19490 approving Partial Payment No. 1 to Rathje Construction Company for the 2007 Sanitary Sewer Repair Project in the amount of $19,350.27.

c.         Resolution No. 19491 approving partial reimbursement No. 2 to Pheasant Ridge Development, LLC for the over width and over depth of paving associated with the installation of 29^th Avenue and 44^th Street intersection in the Briargate First Addition to the City of Marion in the amount of $29,372.21.

Resolution No. 19492 approving contract and bond for the 2007 29^th Avenue Widening Project with City Wide Construction Co.

Motion to approve Project Calendar regarding acceptance of certain public improvements, as follows:

a.         Resolution No. 19493 accepting the public improvements for Edgebrooke 5^th Addition to the City of Marion.

b.         Resolution No. 19494 accepting pavement of 29^th Avenue and 44^th Street intersection associated with Briargate First Addition to the City of Marion.

c.         Resolution No. 19495 accepting public improvements for Flynn’s Sixth Addition to the City of Marion.

Resolution No. 19496 approving installation of stop signs east bound on Durango Drive at its two intersections with Geode Street.

Resolution No. 19497 approving installation of “No Parking” signs on both sides of 44^th Street from 29^th Avenue to Quail Trail Drive.

Resolution No. 19498 approving encroachment/hold harmless agreement regarding Linn-Mar Community School District placing playground equipment on Taube Park property.

Motion to approve the minutes of the July 17 and 19, 2007 City Council meetings.

Motion to approve bills as presented in the amount of $424,951.31.

Resolution No. 19499 approving renewal application for a Class C Beer permit with additional privilege for Sunday Sales for Inland Transport Company dba Marion Hawkeye Convenience Store.

Resolution No. 19500 approving renewal application for a Class C Beer permit with additional privilege for Sunday Sales for Market Express L.C. dba Market Express.

Resolution No. 19501 approving a renewal application for a Class C (BW) Liquor permit with additional privilege for Sunday Sales for Marion Columbus Club dba Marion Columbus Club.

Resolution No. 19502 authorizing submission of REAP Grant in the amount of $150,000 to construct three bridges in Krumboltz Woods.

Resolution No. 19503 approving amending lease contract agreement with the Chamber of Commerce.

Motion to receive and file letter of resignation from Dan Abolins from Citizens Initiative Performance Assessment Committee.

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

Resolution No. 19504 approving the Final Plat and Memorandum of Agreement for Champions Estate Second Addition, located east of Lucore Road, south of Stanley Cup Drive (G.S. Enterprises) was read by Adamson.  Moved by Adamson, seconded by Pazour to approve Res. No. 19504.  All in favor, motion carried.

Mayor Nieland opened the public hearing regarding the voluntary annexation request for property located at 4901 10^th Street (Virginia M. Duffy).  Planning and Development Director Tom Treharne presented the staff report.  No other comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Moved by Wagner, seconded by Rehn to approve the Project Calendar regarding the voluntary annexation of property located at 4901 10^th Street (Virginia M. Duffy), as follows:

    a.       Motion to approve Fiscal Impact Analysis regarding the voluntary annexation at 4901 10^th Street (Virginia M. Duffy).

    b.       Resolution No. 19505 approving the voluntary annexation of property located at 4901 10^th Street (Virginia M. Duffy).

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

Resolution No. 19506 approving waiver of subdivision requirements by allowing issuance of one building permit prior to approval of Final Plat (Morris Wood Enterprises, LLC) was read by Wagner.  Moved by Wagner, seconded by Rehn to approve Res. No. 19506.  All in favor except Lammers, motion carried.

Resolution No. 19507 accepting bids and awarding contract to Eggleston Concrete Contractors, Inc. for the 2007 Sidewalk Ramp Project in the amount of $12,390.00 was read by Rehn.  Moved by Rehn, seconded by Wagner to approve Res. No. 19507.  All in favor, motion carried.

Resolution No. 19508 approving alignment of 35^th Street from Tower Terrace Road to Indian Creek Road was read by Lammers.  Moved by Lammers, seconded by Rehn to approve Res. No. 19508.  City Engineer Dan Whitlow presented the staff report.  Lucille Novotny, 4201 Indian Creek Road, asked questions about the right-of-way that would go through her property.  Mr. Whitlow explained that it would be an 80 foot right-of-way.  He noted that the buildings are not within the right-of-way and would not need to be moved.  He noted that the street would be installed as development occurs in the area.  All in favor, motion carried.

Moved by Pazour, seconded by Lammers to receive and file and refer to TAC, as follows:

     a.   Request for traffic signals at the intersection of Pinehurst Drive and West Williams Drive (Alicia Jessen, 4090 Pinehurst Drive, et al).

    b.   Request for traffic lights at Tama Street and Highway 100 (Petition).

City Engineer Dan Whitlow stated that the request at the intersection of Pinehurst Drive and West Williams Drive is for traffic control not for traffic signals.  Moved by Rehn, seconded by Wagner to amend the motion to receive and file and refer to TAC the request for traffic control at the intersection of Pinehurst Drive and West Williams Drive.  All in favor of amendment, motion carried.  All in favor of motion as amended, motion carried.

Council Discussion:
     Council Member Lammers asked about the purple fire hydrant near the Vernon Middle School.  Acting City Manager Harry Daugherty stated that he would visit with the Fire Chief about the hydrant.
     Mayor Nieland congratulated the Public Services Department on the repairs they did in the eastbound lane of the 2300 block of 7^th Avenue.
     Mayor Nieland stated that he has received questions about nuisance abatement.  He stated that the City Manager was to present a report to Council on whether nuisance abatement would be proactive or reactive.
      City Engineer Dan Whitlow reported that the sidewalk at 2890 Brandon Court (Jeffery and Denise Kopp) has been poured.
      Council Member Pazour wished the Linn-Mar High School girls softball team good luck at the State softball tournament.
      Council Member Craig Adamson congratulated Public Services Director Tom Newbanks on his hole-in-one on the 15^th hole at the Indian Creek Golf Course on Saturday, July 28^th.

Mayor Nieland adjourned the meeting at 7:29 p.m.

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John B. Nieland, Mayor                                         

Attest:

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Beth J. Little, Assistant City Clerk