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Council Minutes - August 17, 2006

Submitted by City Administration on Tue, 09/12/2006 - 9:38am. City Council

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

 

The meeting was opened with the Pledge of Allegiance.

 

Gregg Scharnau, 2690 14th Avenue, indicated that a neighbor, Ron Livingston Sr., 1375 26th Street, has a pigeon coop on his property that is open for these birds to come and go at will.  This has caused them to have some serious concerns about the constant presence of the pigeons and their excrement on their house, in their yard and near their three small children.  City Manager Jeff Schott indicated that City staff and the Linn County Health Department had looked into this issue a year ago and inspected the property in question and at that time the property was not in violation of City or health codes.  Mayor Nieland directed staff to look into this issue again and report back to council.

 

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

 

Resolution No. 18956 setting public hearing for September 7, 2006, regarding a proposed amendment to the Transportation Map of the Marion Comprehensive Plan regarding the 31st Street alignment between 29th Avenue and Tower Terrace Road (formerly 35th Avenue).

 

Motion to receive and file offer to donate a portion of Lot 19, Prairie Meadows First Addition, located north of 49th Street Court, west of 50th Street to the City of Marion for use as a greenbelt area.  (JPM Enterprises, Inc.)

 

Motion to receive and file request for Tax Increment Finance incentives.  (Ideal Window and Door Supply, 260 13th Street)

Motion to approve Project Calendar to receive and file and refer to the Planning and Zoning Commission, as follows:
a.           Request to rezone property located between 48th and 50th Street on the northerly extension of 49th Street from R-2, Medium Density, Single-Family Residential to R-4, Four-Family Residential.  (Lance and Karen Dunn)
b.           Request to rezone property located at 600 35th Street from A-1, Rural Restricted to I-2, General Industrial.  (Michael and Thomas Borst)

Motion to approve Project Calendar regarding Engineering Department payments, as follows:
a.     Resolution No. 18957 approving Partial Payment No. 2 to Snyder and Associates for engineering services regarding the 2006 GPS Structure Location Survey in the amount of $59,200.00.

b.     Resolution No. 18958 approving Partial Payment No. 2 to Gravel Grading and Excavating for the 2006 Cemetery Storm Sewer Reconstruction Project in the amount of $30,675.25.

Resolution No. 18959 accepting the 2006 Cemetery Storm Sewer Reconstruction Project.

 

Resolution No. 18960 accepting public improvements for Hunters Field First Addition to the City of Marion.

 

Motion to approve the minutes of the August 1 and 3, 2006, City Council meetings.

 

Motion to approve bills as presented in the amount of $984,323.36.

 

Resolution No. 18961 approving a 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. 18962 approving a new application for a Class B/W (Beer/Wine) permit with additional privilege for Sunday Sales for PIZZATIME, INC. dba TOMASO’S MARION.

 

Resolution No. 18963 authorizing the substitution and appointment of Bankers Trust Company as successor Paying Agent, Transfer Agent and Registrar for certain outstanding Bonds.

 

Resolution No. 18964 approving a new application for a Class C Beer permit with additional privilege for Sunday Sales for Casey’s Marketing Company dba Seventh Avenue Handimart.

 

Resolution No. 18965 approving a new application for a Class C Beer permit with additional privilege for Sunday Sales for Casey’s Marketing Company dba Grandview Handimart.

 

Motion to approve the following cigarette permits:  Casey’s Marketing Company dba Grandview Handimart #2760, and Casey’s Marketing Company dba Seventh Avenue Handimart #2770.

 

Motion to receive and file Finance Report for June 2006.

 

Motion to receive and file amendment to Personnel Policies regarding overtime compensation.

 

Motion to receive and file correspondence regarding bicycle safety.  (Linda Bader)

 

Motion to receive and file Departmental Monthly Reports for July 2006.

 

All in favor of motion to approve the consent calendar, motion carried.
Mayor Nieland opened the public hearing regarding a Development Agreement with Wholesale Feeds, Inc., 6000 Linn Aire Avenue.  No comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

 

Resolution No. 18966 approving the Final Plat and Memorandum of Agreement for Briargate First Addition, located north of 29th Avenue, west of 44th Street, was read by Wagner.  Moved by Wagner, seconded by Lammers to approve Res. No. 18966.  All in favor, motion carried. 

 

Resolution No. 18967 approving the Final Plat and Memorandum of Agreement for Prairie Bend First Addition, located west of 35th Street, south of Tower Terrace Road, was read by Cram.  Moved by Cram, seconded by Rehn to approve Res. No. 18967.  Roll call vote:  Yeas:  Cram, Wagner, Rehn, and Lammers.  Nays:  None.  Abstain:  Mayor Nieland.

 

No action taken on Resolution No. 18968 approving request to allow overhead power lines along East Robins Road beginning at Alburnett Road and west approximately 2,100 feet.

 

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

 

Ordinance No. 06-18 establishing speed limits along 29th Avenue from 143 feet east of Highland Drive to 423 feet east of Greenway Court to 30 mph, and to 45 mph east to Highway 13 was read by Lammers for second consideration.  Moved by Lammers, seconded by Rehn to approve Ord. No. 06-18 for second consideration.  All in favor, motion carried.

 

Resolution No. 18969 approving revised contract with Shive-Hattery, Inc. for engineering services regarding 29th Avenue Extension Project in the amount not to exceed $287,969.46 was read by Lammers.  Moved by Lammers, seconded by Rehn to approve Res. No. 18969.  All in favor except Wagner, motion carried.

 

Moved by Wagner, seconded by Rehn to approve Project Calendar regarding traffic control/parking regulations near new city hall site, as follows:
                     a.           Resolution No. 18970 establishing “No Parking” on the east side of 12th Street between 5th and 6th Avenues.
                     b.           Resolution No. 18971 authorizing stop signs stopping all traffic at the intersection of 12th Street and 6th Avenue.
                     c.           Resolution No. 18972 establishing a 15 Minute Parking Zone for the first four spaces on the south side of 6th Avenue east of its intersection with 12th Street from 8:00 a.m. to 5:00 p.m.
                     d.           Resolution No. 18973 authorizing removal of stop signs at the intersection of 6th Avenue and 19th Street.
All in favor, motion carried.

 

Moved by Cram, seconded by Rehn to receive and file and refer to TAC request for lower speed limit on Winslow Road north of Indian Creek Road.  Andy Wolter, 5155 Winslow Road, indicated that there were several driveways out there now and a lot of children in the area so he would like the speed limit reduced for safety reasons.  All in favor, motion carried.

 

Ordinance No. 06-19 related to mailboxes in city-owned right-of-way was read by Wagner for second consideration.  Moved by Wagner, seconded by Lammers to approve Ord. 06-19 for second consideration.  All in favor, motion carried.

 

Resolution No. 18974 approving sale of dump truck to Jeremy Erie, Performer Concrete, in the amount of $6,000.00 was read by Rehn.  Moved by Rehn, seconded by Wagner to approve Res. No. 18974.  All in favor, motion carried.

 

Ordinance No. 06-20 related to penalties for Municipal Infractions and providing penalties was read by Lammers for initial consideration.  Moved by Lammers, seconded by Rehn to approve Ord. 06-20 for initial consideration.  All in favor, motion carried.

 

Moved by Lammers, seconded by Wagner to approve Project Calendar regarding 2006 Swimming Pool Sandblasting and Repainting Project, as follows:
                     a.           Motion to retain the City Engineer as Project Engineer regarding the 2006 Swimming Pool Sandblasting and Repainting Project.
                     b.           Resolution No. 18975 approving Resolution of Necessity for the 2006 Swimming Pool Sandblasting and Repainting Project.
                     c.           Resolution No. 18976 ordering preparation of detailed plans, specifications, notice of hearing, notice to bidders, form of contract and estimate of cost for the 2006 Swimming Pool Sandblasting and Repainting Project.
                     d.           Resolution No. 18977 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost Engineer regarding the 2006 Swimming Pool Sandblasting and Repainting Project.
All in favor, motion carried.

 

Resolution No. 18978 supporting plasma arc technology for municipal solid waste disposal was read by Wagner.  Moved by Wagner, seconded by Cram to approve Res. No. 18978.  All in favor, motion carried.

 

Resolution No. 18979 approving contract with Dynamic Broadband regarding IT connectivity of city buildings was read by Cram.  Moved by Cram, seconded by Wagner to approve Res. No. 18979.  All in favor, motion carried.

 

Moved by Wagner, seconded by Rehn to approve Project Calendar regarding 2005 City Hall Project, as follows:
                     a.           Resolution No. 18954 approving Change Order No. 4 to Kleiman Construction related to 2005 City Hall Project in the amount of $7,890.01.
                     b.           Resolution No. 18980 awarding bid for city hall furnishings to Pioneer Workspace Solutions.
                     c.           Resolution No. 18981 approving purchase of firewalls, network switch, mail server, file server and relocation of IT equipment for new city hall from Erb’s Business Systems in the amount of $56,994.00.
                     d.           Resolution No. 18982 approving Proactive Network Maintenance Agreement and “Block Agreement” with Erb’s Business Services for city-wide IT maintenance.
All in favor, motion carried.

 

Mayor Nieland recommended the following appointment to the Housing Board of Appeals:  Brodie Thomas, 788 2nd Street, term expires 12/31/08.  Moved by Rehn, seconded by Lammers to concur with the Mayor’s recommendation.  All in favor, motion carried.

 

Council Discussion:
          Mayor Nieland asked about the availability of the new City Hall parking lot for Swamp Fox.  City Manager Jeff Schott indicated that it may not be available, but the new Library parking lot is open and will available.
          Planning and Development Director Tom Treharne indicated that he had received a call from Council Member Adamson to say he was absent from the council meeting due to the birth of his son, Griffin Daniel.

Mayor Nieland adjourned the meeting at 7:48 p.m.

 

 

_____________________________  
John B. Nieland, Mayor

 

Attest:

 

____________________________ 
Wesley A. Nelson, City Clerk

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