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Council Minutes - August 16, 2007

Submitted by City Administration on Wed, 10/03/2007 - 10:50am. City Council
                                                                                August 16, 2007

 

 

 

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, August 16, 2007, 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.  

 

Randy Green, 3275 Edgebrooke Dr. explained his concerns with the parking on 29th Ave.  Mr. Green presented some pictures and a petition requesting a No Parking Zone on 29th Ave. where it connects to Edgebrooke Dr.  Moved by Nieland, seconded by Wagner to receive and file the pictures and the petition.  All in favor, motion carried.  Others speaking in favor of establishing a No Parking Zone were Don Uecker, 3240 Edgebrooke Dr., Carolyn Shay, 2730 Pebble Creek Dr., Ann Brunson, 2985 Edgebrooke Dr. and Phill Legate, 2695 Pebble Creek Dr.

 

Martha Shaffer, 2145 A Avenue, presented a petition to the City Council requesting a splash pad on the south side of Marion at Ascension Park.  Moved by Rehn, seconded by Wagner to receive and file the petition.  All in favor, motion carried.

 

Moved by Cram, seconded by Wagner to approve Consent Calendar, as follows:

 

Motion to approve Project Calendar related to Planning and Development Department payments, as follows:

a.     Resolution No. 19509 approving Partial Payment No. 4 to East Central Iowa Council of Governments for administrative services related to a Community Development Block Grant Program Economic Development Set-Aside Project in the amount of $490.00.  (Launch Kwik-Way, Inc.)

b.     Resolution No. 19510 approving Partial Payment No. 32 to East Central Iowa Council of Governments for administration of the 2003 Housing Rehabilitation Grant Program in the amount of $1,274.00.

c.     Resolution No. 19511 approving Partial Payment No. 11 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Hazardous Substances) in the amount of $2,340.50.

d.     Resolution No. 19512 approving Partial Payment No. 11 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Petroleum Substances) in the amount of $2,310.50.

e.     Resolution No. 19513 approving Partial Payment No. 11 to Flat Earth Planning for services related to updating the Marion Zoning Ordinance in the amount of $1,830.00.

f.       Resolution No. 19514 approving payment to Tallgrass Historians L.C. for services related to the Downtown Commercial District Study in the amount of $12,249.61.

Motion to receive and file and refer to the 7th Avenue East Corridor Urban Revitalization District Review Committee request for a tax abatement for improvements to property located at 2240 7th Avenue (Eldon and Patricia McMillen request).

Resolution No. 19515 setting a public hearing for September 6, 2007 regarding Virginia M. Duffy and Mooney-Engle Land Company, LLC request to rezone property located east of North 10th Street, south of Shamrock Woods from Linn County A to
R-2, Medium Density Single-Family Residential (Virginia M. Duffy).

Resolution No. 19516 setting a public hearing for September 6, 2007 regarding request to rezone property located at the northeast corner of 31st Street and Munier Road from A-1, Rural Restricted to C-3, General Commercial (Robin Holub).

Resolution No. 19517 setting a public hearing for September 6, 2007 regarding a request to vacate and sell the north one-half of the north-south alley between 10th and 11th Avenues, adjacent to 1915 11th Avenue (Galen and Connie Glick, 1915 11th Avenue).

Resolution No. 19518 approving a request to Iowa Department of Economic Development for extension of the Housing Rehabilitation Grant from August 31, 2007 to October 30, 2007.

Resolution No. 19519 approving contract and scope of services for completion of an update to the City Housing Needs Assessment by East Central Iowa Council of Governments in the amount of $5,000.

Resolution No. 19520 approving contract and scope of services with East Central Iowa Council of Governments for preparation of a Housing Grant to Iowa Department of Economic Development. 

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

a.   Resolution No. 19521 approving Partial Payment No. 11 to Shive-Hattery, Inc. for engineering services regarding the 29th Avenue Extension Project in the amount of $2,221.86.

b.   Resolution No. 19522 approving Partial Payment No. 2 to Rathje Construction Company for the 2007 Sanitary Sewer Repair Project in the amount of $55,454.16.

Resolution No. 19523 accepting the 2007 Sanitary Sewer Repair Project.

Resolution No. 19524 approving contract and bond for the 2007 Sidewalk Ramp Project with Eggleston Concrete Contractors, Inc.

Motion to receive and file and refer to TAC a request to reduce speed limits on North 10th Street (Brain Engineering for Tim Mooney).

Motion to approve the minutes of the July 31 and August 2, 2007 City Council meetings.

Motion to approve bills as presented in the amount of $505,864.08.

Resolution No. 19525 approving renewal application for a Class C Beer permit with additional privilege for Sunday Sales for Hawkeye Oil Company dba East Post Hawkeye Convenience Stores.

Resolution No. 19526 approving renewal application for a Class BW (Beer/Wine) permit with additional privilege for Sunday Sales for PIZZATIME, INC. dba TOMASO’S MARION.

Resolution No. 19527 approving renewal application for a Class C (BW) Liquor permit with additional privilege for Sunday Sales for Zio Johno’s, Inc. dba Zio Johno’s.

Resolution No. 19528 approving renewal application for a Class C Beer permit with additional privilege for Sunday Sales for Casey’s Marketing Company dba Grandview Handimart #2760.

Resolution No. 19529 approving renewal application for a Class C Beer permit with additional privilege for Sunday Sales for Casey’s Marketing Company dba 7th Avenue Handimart #2770.

Resolution No. 19530 approving new application for a Class BC Beer permit with additional privilege for Sunday Sales for NH petroleum LLC dba NH Petroleum LLC (1100 Eagleview Dr.).

Motion to approve cigarette license for NH petroleum LLC dba NH Petroleum LLC (1100 Eagleview Dr.).

Resolution No. 19531 accepting proposal from Hogan – Hansen for audit services.

Resolution No. 19532 approving purchase of unmarked vehicle from Junge Ford, Center Point, in the amount of $16,661 with trade-in.

Motion to receive and file report regarding immigration officer.

Motion to approve Hold Harmless Agreements/waiver of noise ordinance, as follows:
a.   Swamp Fox Festival events on September 6 through 9, 2007.
b.   Block Party on Saturday, August 25, 2007 from 7:00 p.m. – 11:00 p.m. at 4155 Canton Court (Travis Templeton).
c.   Block Party on Saturday, September 29, 2007 from 2:00 – 10:00 p.m. at 380 11th Avenue (Doug and Pam Rahe).

Motion to receive and file Department Monthly Reports for July 2007.

Resolution No. 19533 approving deferred compensation agreement (Bryan W. Casey).

 

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

Resolution No. 19534 approving the Final Plat and Memorandum of Agreement for Legion Park Addition located east of Armar Drive, south of Thomas Park (Armar Ventures, LC) was read by Wagner.  Moved by Wagner, seconded by Pazour to approve Res. No. 19534.  All in favor, motion carried.

Resolution No. 19535 approving waiver of subdivision regulations to allow the division of property for transfer purposes only by Plat of Survey No. 1419 located east of Armar Drive, south of Thomas Park (City of Marion) was read by Rehn.  Moved by Rehn, seconded by Pazour to approve Res. No. 19535.  All in favor, motion carried.

Moved by Lammers, seconded by Pazour to approve Project Calendar related to the property exchange between the City of Marion and Anace Aossey and Armar Ventures L.C., as follows:
  a.        Resolution No. 19536 approving payment to Alltrans, Inc. for engineering services related to the property exchange between the City of Marion and Armar Ventures, L.C. in the amount of $4,320.00.
  b.        Resolution No. 19537 approving payment to Armar Ventures, L.C. for abstract costs related to the property exchange between the City of Marion and Armar Ventures, L.C. in the amount of $330.00.
   c.        Resolution No. 19538 approving Exchange Agreement between the City of Marion and Anace Aossey and Armar Ventures, L.C. and providing appropriate payment and deeds for said exchange.
All in favor of motion to approve the Project Calendar, motion carried.

 

Moved by Pazour, seconded by Lammers to receive and file request to install a fence in city right-of-way at 640 14th Street (ABC Connection Preschool, Inc.).  All in favor except Cram, motion carried.

Resolution No. 19539 approving Supplemental Agreement No. 3 contract with Shive-Hattery, Inc. for engineering services regarding the 29th Avenue Extension Project in an amount not to exceed $526,166.43 was read by Adamson.  Moved by Adamson, seconded by Lammers to approve Res. No. 19539.  All in favor, motion carried.

Moved by Cram, seconded by Adamson to direct City Attorney to prepare a Resolution of Necessity regarding installation of sidewalk on the east side of 50th Street from Kacena Avenue south to Lance Avenue (Linn-Mar Community School District).  Those speaking in favor of this motion were Rick Ironside, Assistant Superintendent with Linn-Mar Schools, and Rich Holland, 3435 Widgeon Dr.  Those speaking in opposition of the motion were Jim Dyer, 5020 Mohawk Ave., and Gordon Hagen, 5025 Kacena Ave.  Roll Call:  Yeas:  Cram and Adamson.  Nays:  Wagner, Rehn, Nieland, Lammers and Pazour.  Motion fails.

Resolution No. 19540 approving purchase of a John Deere grader from Martin Equipment in the amount of $108,000 was read by Wagner.  Moved by Wagner, seconded by Rehn to approve Res. No. 19540.  All in favor, motion carried.

Resolution No. 19541 approving purchase of a Link Belt track excavator from Rexco Equipment Company in the amount of $70,854 was read by Rehn.  Moved by Rehn, seconded by Lammers to approve Res. No. 19541.  All in favor, motion carried.

Resolution No. 19542 to fix a date for a public hearing for September 6, 2007 on a loan agreement in a principal amount not to exceed $2,750,000 (refinancing previous general obligation bonds) was read by Lammers.  Moved by Lammers, seconded by Pazour to approve Res. No. 19542.  All in favor, motion carried.

Resolution No. 19543 to fix a date for public hearings for September 6, 2007 on General Obligation Loan Agreements in a principal amount not to exceed $4,850,000 for the essential corporate purpose and in a principal amount not to exceed $150,000 for the general corporate purpose (FY 07-08 General Obligation Bonds) was read by Pazour.  Moved by Pazour, seconded by Rehn to approve Res. No. 19543.  All in favor, motion carried.

 

Moved by Rehn, seconded by Adamson to receive and file letter from Jim Dyer from Eagle Ridge Development indicating the willingness to donate Lot 25, Eagle Ridge Second Addition on Lance Ave. to the City of Marion for the site of a future city park.  All in favor, motion carried.

Council Discussion:
                Council Member Pazour congratulated JD Schlotterback on his recent golf win.  She also wanted to thank the CR Gazette for spotlighting the area around south Marion in a recent article.  Mayor Nieland asked Dan Whitlow, City Engineer if he could take another look at the visibility issues on 29th Ave. to see if they could reach a possible compromise.                                                         

Mayor Nieland adjourned the meeting at 8:14 p.m.

 

 

 

                                                                                                                                                                                                        _________________________
John B. Nieland, Mayor

 

Attest:

 

 

 

____________________________
Wesley A. Nelson, City Clerk

 

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