Resolution No. 19560 approving request for a tax abatement for improvements to property located at 2240 7^th Avenue (Eldon and Patricia McMillen request) was read by Adamson.  Moved by Adamson, seconded by Wagner to approve Res. No. 19560.  All in favor, motion carried.

Resolution No. 19561 of the City Council of Marion, Iowa, determining an area to be a slum and blighted area, and that the rehabilitation, conservation, redevelopment, development, or a combination thereof of the area is necessary in the interest of the public health, safety or welfare of the residents of the city; designating such area as appropriate for an urban renewal project; and adopting the Urban Renewal Plan for the Central Corridor Urban Renewal Area was read by Cram.  Moved by Cram, seconded by Wagner to approve Res. No. 19561.  All in favor, motion carried.

Mayor Nieland opened the public hearing regarding the adoption of a Tax Increment Financing Ordinance for the proposed Central Urban Renewal Area.  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.

Ordinance No. 07-22 providing that general property taxes levied and collected each year on all property located with the Central Corridor Urban Renewal Area Project Area, in the City of Marion, County of Linn, State of Iowa, by and for the benefit of the State of Iowa, City of Marion, County of Linn, Marion Community Schools, and other taxing districts, be paid to a special fund for payment principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said Urban Renewal Development Project was read by Wagner for initial consideration. Moved by Wagner, seconded by Rehn to approve the first reading of Ord. No. 07-22.  All in favor, motion carried.

Mayor Nieland opened the public hearing regarding Virginia M. Duffy and Mooney-Engle Land Company, LLC 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).  No comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Ordinance No. 07-23 amending the Marion Code of Ordinances regarding 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/Mooney-Engle Land Company, LLC) was read by Rehn for initial consideration.  Moved by Rehn, seconded by Lammers to approve the first reading of Ord. No. 07-23.  All in favor, motion carried.

Moved by Lammers, seconded by Adamson to receive and file letter requesting the withdrawal of the request to rezone property located at the northeast corner of 31^st Street and Munier Road (Robin Holub).  All in favor, motion carried.

Mayor Nieland opened the public hearing regarding request to rezone property located at the northeast corner of 31^st Street and Munier Road from A-1, Rural Restricted to C-3, General Commercial (Robin Holub).  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.

Mayor Nieland opened the public hearing regarding a request to vacate and sell the north one-half of the north-south alley between 10^th and 11^th Avenues, adjacent to 1915 11^th Avenue (Galen and Connie Glick, 1915 11^th Avenue).  Galen Glick, 1915 11^th Avenue, spoke in favor of the sale of the alley.  No other comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Resolution No. 19562 approving the vacation of the north one-half of the north-south alley between 10^th and 11^th Avenues, adjacent to 1915 11^th Avenue (Galen and Connie Glick, 1915 11^th Avenue) was read by Adamson.  Moved by Adamson, seconded by Lammers to approve Res. No. 19562.  All in favor, motion carried.

Resolution No. 19563 authorizing sale of the north one-half of the north-south alley between 10^th and 11^th Avenues, adjacent to 1915 11^th Avenue, in the amount of $1,085.55 (Galen and Connie Glick, 1915 11^th Avenue) was read by Cram.  Moved by Cram, seconded by Adamson to approve Res. No. 19563.  All in favor, motion carried.

Resolution No. 19564 approving the Final Plat and Memorandum of Agreement for Prairie Bend Third Addition located west of 35^th Street south of Tower Terrace Road (Morris Wood Enterprises) was read by Wagner.  Moved by Wagner, seconded by Adamson to approve Res. No. 19564.  Roll Call:  Yeas:  Cram, Wagner, Rehn, Lammers, and Adamson.  Nays:  None.  Abstention due to conflict of interest:  Mayor Nieland.  Motion carried.

Moved by Rehn, seconded by Lammers to table the Project Calendar related to the approval of the TIF Committee recommendations for the use of Winslow Road Tax Increment Financing Funds for low and moderate income households, as follows:
    a.        Resolution No. 19565 approving payment to First United Methodist Church (Mission Makeover) in the amount of $4,590.00 to assist low and moderate income homeowners with housing repairs.
    b.        Resolution No. 19566 approving payment to Marion Churches Senior Living Community Foundation in the amount of $28,200.00 for improvements related to Senior Housing at 5960 East Kacena Drive.
     c.        Resolution No. 19567 approving payment to Helping Hands Ministry for assistance to homeless and near homeless families in Marion in the amount of $36,260.00.
    d.        Resolution No. 19568 approving payment to HACAP in an amount not to exceed $80,000.00 for the purchase of a home in Marion associated with their Permanent Housing Program.
    e.        Resolution No. 19569 approving the use of $24,000.00 of Winslow Road TIF funds to match Housing Grant Application to the State of Iowa.
  f.        Resolution No. 19570 approving the use of $5,000.00 of Winslow Road TIF funds to update the City of Marion Housing Needs Assessment.

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

Moved by Lammers, seconded by Wagner to approve the Project Calendar regarding the 2007 Draintile Project, as follows:
a.   Motion to retain the City Engineer as Project Engineer regarding the 2007 Draintile Project.
b.   Resolution No. 19571 approving Resolution of Necessity regarding the 2007 Draintile Project.
c.   Resolution No. 19572 ordering preparation of detailed plans, specifications, notice of solicitation of bids, form of contract and estimate of cost regarding the 2007 Draintile Project.
d.   Resolution No. 19573 approving and adopting final plans, specifications, notice of solicitation of bids, form of contract and estimate of cost regarding the 2007 Draintile Project.

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

Moved by Adamson, seconded by Rehn to approve 8^th Street Patching Project in an amount not to exceed $10,000.  All in favor, motion carried.

Resolution No. 19574 approving letter of support for Boyson Road/Alburnett Road intersection improvement and directing staff to submit ICAAP application for federal funding was read by Cram.  Moved by Cram, seconded by Rehn to approve Res. No. 19574.  All in favor, motion carried.

Moved by Wagner, seconded by Lammers to receive and file request related to parking at intersection of Somerbrook Lane at 29^th Avenue (Todd Dickinson, 2997 Somerbrook Lane).  All in favor, motion carried.

Resolution No. 19575 approving request for No Parking on Indian Creek Circle from 7:30 a.m. to 3:30 p.m. Monday through Friday (Dale Monroe, 1140 Indian Creek Road, et al) was read by Rehn.  Moved by Rehn, seconded by Lammers to approve Res. No. 19575.  All in favor except Wagner, motion carried.

Resolution No. 19576 approving request for temporary stop signs on north and south bound 10^th Street at 33^rd Avenue (Linn-Mar Schools/staff) was read by Lammers.  Moved by Lammers, seconded by Adamson to approve Res. No. 19576.  All in favor, motion carried.

Resolution No. 19577 approving request for pedestrian crossing on West Williams Drive at Pinehurst Drive was read by Adamson.  Moved by Adamson, seconded by Wagner to approve Res. No. 19577.  All in favor, motion carried.

Moved by Cram, seconded by Adamson to concur with TAC recommendation of no installation of traffic signals at Tama Street and Highway 100 at this time.  All in favor, motion carried.

Moved by Wagner, seconded by Rehn to direct staff to notify residents regarding request to reduce parking on the north side of 29^th Avenue from Indian Creek to 35^th Street.  All in favor, motion carried.

Ordinance No. 07-24 amending Chapter 105 of the Code of Ordinances related to solid waste collections was read by Rehn for initial consideration.  Moved by Rehn, seconded by Lammers to approve the first reading of Ord. No. 07-24.  All in favor, motion carried.

Mayor Nieland opened the public hearing regarding the proposed action to institute proceedings to enter into a loan agreement in a principal amount not to exceed $2,750,000 (Refinancing previous general obligation bonds).  Finance Director Wes Nelson presented the staff report.  No other comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Resolution No. 19578 taking additional action to enter into a General Obligation Refunding Loan Agreement and authorizing the sale of General Obligation Refunding Bonds, Series 2007A in a principal amount not to exceed $2,750,000 was read by Lammers.  Moved by Lammers, seconded by Adamson to approve Res. No. 19578.  All in favor, motion carried.

Mayor Nieland opened the public hearing regarding the proposed action to institute proceedings to enter into a loan agreement in a principle amount not to exceed $4,850,000 (Essential Corporate Purposes) and $150,000 (General Corporate).  Finance Director Wes Nelson presented the staff report.  No other comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Resolution No. 19579 taking additional action to enter into a General Obligation Refunding Loan Agreement and authorizing the sale of General Obligation Refunding Bonds, Series 2007B in a principal amount not to exceed $4,850,000 (Essential Corporate Purposes) and $150,000 (General Corporate) was read by Adamson.  Moved by Adamson, seconded by Wagner to approve Res. No. 19579.  All in favor, motion carried.

Ordinance No. 07-25 amending Chapter 45 of the Code of Ordinances relating to Public Intoxication and providing penalties was read by Cram for initial consideration.  Moved by Cram, seconded by Rehn to approve the first reading of Ord. No. 07-25.  City Attorney Don Hoskins presented the staff report.  All in favor, motion carried.

Ordinance No. 07-26 amending Chapters 69 and 82 of the Code of Ordinances relating to the parking of certain vehicles and providing penalties was read by Wagner for initial consideration.  Moved by Wagner, seconded by Lammers to approve the first reading of Ord. No. 07-26.  City Attorney Don Hoskins presented the staff report.  Moved by Wagner, seconded by Adamson to amend the Ordinance to allow for street parking of certain vehicles for 24 hours.  Roll Call:  Yeas:  Wagner and Cram.  Nays:  Rehn, Nieland, Lammers, and Adamson.  Motion failed.  All in favor of the motion to approve the first reading of Ord. No. 07-26 as originally stated, motion carried.

Resolution No. 19580 approving City Manager salary increase was read by Rehn.  Moved by Rehn, seconded by Wagner to approve Res. No. 19580.  All in favor, motion carried.

Moved by Rehn, seconded by Lammers to receive and file and approve the Waiver of Noise Ordinance for outdoor social/network mixer at Thomas Park on Thursday, September 13, 2007 from 4:00 p.m. to 10:00 p.m. (African American Network).  City Attorney Don Hoskins noted that this item was just received today and was not on the posted agenda.  He noted that Iowa Code does allow for action on items not on the printed agenda if they are emergency in nature.  Mr. Hoskins noted that this event is scheduled for next week and needs Council approval in advance of the event.  All in favor, motion carried.

Council Discussion.
          Council Member Lammers noted that she was at Kelly Green Motors.  Seth Green stated that he appreciated working with Dave Hockett in the Planning Department.  Council Member Adamson stated that he also had visited with Mr. Green.  Mr. Green had also mentioned to him that Mr. Hockett was very helpful.

Mayor Nieland adjourned the meeting at 8:13 p.m.

 

 

 

____________________________
John B. Nieland, Mayor

 

Attest:

 

____________________________
Beth J. Little, Assistant City Clerk