September 15, 2005

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, September 15, 2005, at 7:00 p.m. in the council chambers of City Hall with Mayor pro tem Rehn presiding and the following council members present:  Cram, Wagner, Lammers, Pazour and Stark.  Absent:  Nieland.

The meeting was opened with the Pledge of Allegiance.

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

Motion to receive and file correspondence regarding rezoning of property located west of Keyes Court.  (Wendy Bucklin, 870 Keyes Court)

Motion to receive and file request to waive final consideration of Ordinance No. 05-30 related to Hunters Ridge Fifteenth Addition.  (Hunters Ridge Development Company, LC)

Motion to approve Project Calendar regarding Planning and Development payments as follows:

a.           Resolution No. 18384 approving Partial Payment No. 4 related to the Housing Rehabilitation Program – Project No. 4, regarding reimbursement of relocation assistance in the amount of $357.50.

b.           Resolution No. 18385 approving Partial Payment No. 5 to Linn County Health related to the Housing Rehabilitation Program – Project No. 4, in the amount of $130.00.

Motion to receive and file the following subdivision plats:

a.           Edgebrooke Fourth Addition Final Plat, located north of 29^th Avenue between Indian Creek Road and Edgebrooke Drive.  (Midwest Development Co.)

b.           Winslow Heights Second Addition Final Plat, located east of Winslow Road south of Winslow Court.  (JPM Enterprises, Inc.)

Motion to receive and file and refer to the Planning and Zoning Commission KPPC First Addition Preliminary Plat to Linn County, located north of East Robins Road, east of C Avenue NE.  (Blackford Farms, Inc.)

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

a.           Resolution No. 18386 approving Partial Payment No. 4 to Horsfield Construction, Inc. regarding the 2005 Intersection Improvement Project, in the amount of $44,893.11.

b.           Resolution No. 18387 approving Partial Payment No. 3 to Linn County for the Tenth Street Improvement Project in the amount of $55,033.05.

c.           Resolution No. 18388 approving Partial Payment No. 2 to Anderson-Bogert, Inc. for engineering services regarding the U.S. 151/Iowa 13 and Iowa 100 Intersection Improvement Project in the amount of $8,921.81.

Resolution No. 18389 accepting the 2005 Intersection Improvement Project.

Resolution No. 18390 approving purchase of computer replacements and server memory upgrade for Engineering Department from Erb’s Business Machines, Dell Computers and ESRI in the amount of $18,252.56.

Motion to receive and file and refer to TAC correspondence regarding 34^th Avenue.  (Kevin and Helen Wagner, 765 34^th Avenue)

Motion to approve the minutes of the August 30 and September 1, 2005, City Council meetings.

Motion to approve bills as presented in the amount of $412,263.81.

Resolution No. 18391 approving Official Finance Report for City Streets for the period July 1, 2004 through June 30, 2005.

Motion to approve proposal for sale of light fixtures and bulbs from Fire Station No. 2 to Graybill Electronics in the amount of $200.00.

Motion to approve Project Calendar regarding the New City Hall Project as follows:

a.           Resolution No. 18392 approving Partial Payment No. 9 to Howard R. Green Company for design services relating to the New City Hall Project in the amount of $7,675.75.

b.           Resolution No. 18393 approving Partial Payment No. 3 to D. W. Zinser Company, Inc. for demolition services relating to the New City Hall Project in the amount of $35,862.50.

Motion directing staff to solicit proposals for installation of city hall telephone system per recommendation of the City Hall Telephone Committee.

Resolution No. 18394 setting public hearing for October 6, 2005, regarding sale of City Hall building to Farmers State Bank.

Motion to receive and file Departmental Monthly Reports for August 2005.

Motion to receive and file correspondence relating to the Noise Ordinance.  (Anita Strouf, 3680 Jonquil Court)

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

Ordinance No. 05-28 amending the Code of Ordinances regarding the rezoning of property located north of Marion Boulevard, west of Keyes Court from R-5, Moderate Density Multiple-Family Residential to C-3, General Commercial, with conditions (Hames Properties, LLC) was read by Cram for second consideration.  Moved by Cram, seconded by Stark to approve Ord. No. 05-28 for second consideration.  George Kanz, 2208 Bever Ave. Cedar Rapids, civil engineer with Shive-Hattery Inc. gave an overview of what was being proposed by Curt Hames.  Mr Hames, 4001 Tama Street, answered questions from the council.  Steve Zeets, 930 Keys Court, spoke against the rezoning and had a handout for council regarding suggested traffic changes on Keyes Court.  Moved by Pazour, seconded by Stark to receive and file handout.  All in favor of the motion, motion carried.  All in favor of Ord. 05-28 for second consideration except Cram and Lammers, motion carried.

Moved by Wagner, seconded by Pazour to receive and file request to reconsider amendment of Ordinance No. 05-29 regarding rezoning west of 44^th Street between 29^th Avenue and 35^th Avenue (Jeff Witter, Hanzac, L.L.P.).  Jeff Witter, Springville, gave a brief presentation about his proposal and addressed council questions.  All in favor, motion carried.

Ordinance No. 05-29 amending Code of Ordinances regarding the rezoning of property located between 29^th Avenue and 35^th Avenue, east and west of 44^th Street from Linn County A, Agricultural to R-2, Medium Density Single-Family Residential and R-4, Four-Family Residential, as amended (Hanzac, L.L.P.) was read by Lammers for second consideration.  Moved by Lammers, seconded by Pazour to approve Ord. No. 05-29 for second consideration.  Moved by Lammers, seconded by Pazour to amend Ord. 05-29 back to its original request to include R-4 west of 44^th Street.  Roll Call on the amendment.  Yeas:  Cram, Lammers, Pazour and Stark.  Nays:  Wagner and Rehn.  Amendment passes.  Roll Call on Ord. No. 05-29 as amended.  Yeas:  Cram, Rehn, Lammers, Pazour and Stark.  Nays:  Wagner.  Motion carried.

Ordinance No. 05-30 amending Code of Ordinances regarding the rezoning of property located east of Winslow Road, south of Winslow Heights Addition from Linn County A, Agricultural and PD-R, Planned Development-Residential to R-1, Low Density Single-Family Residential (Hunter Ridge Development Company, LC) was read by Pazour.  Moved by Pazour, seconded by Wagner to approve Ord. No. 05-30 for second consideration.  All in favor, motion carried.  Moved by Pazour, seconded by Wagner to suspend the rules and adopt Ord. No. 05-30.  All in favor, motion carried.

Ordinance No. 05-31 amending Code of Ordinances regarding the rezoning of property located west of Red Fox Way, south of Kacena Avenue from C-3, General Commercial to R-5, Moderate Density Multiple-Family Residential (Eagle Ridge, L.L.C.) was read by Stark.  Moved by Stark, seconded by Pazour to approve Ord. No. 05-31 for second consideration.  All in favor, motion carried.  Moved by Pazour, seconded by Wagner to suspend the rules and adopt Ord. No. 05-31.  All in favor, motion carried.

Ordinance No. 05-32 amending Code of Ordinances regarding the rezoning of property located east of Shamrock Woods, south of Huntington Hills Addition from Linn County A, Agricultural to R-2, Medium Density Single-Family Residential (Larry Kane) was read by Cram.  Moved by Cram, seconded by Pazour to approve Ord. No. 05-32 for second consideration.  All in favor, motion carried.  Moved by Pazour, seconded by Stark to suspend the rules and adopt Ord. No. 05-32. All in favor, motion carried.

Ordinance No. 05-33 to establish 44^th Street as an Urban Revitalization Area was read by Wagner for second consideration.  Moved by Wagner, seconded by Stark to approve Ord. No. 05-32.  All in favor, motion carried.

Mayor pro tem Rehn opened the public hearing regarding establishment of the Community Center Urban Revitalization Plan.  No comments, written or verbal were received.  Mayor pro tem Rehn declared the public hearing closed.

Moved by Lammers, seconded by Pazour to approve Project Calendar regarding establishment of the Community Center Urban Revitalization Plan, as follows:

       a.        Resolution No. 18395 finding that the rehabilitation, conservation, redevelopment or combination thereof of a proposed Urban Revitalization Area is necessary in the interest of the public health, safety or welfare of the residents of the city and the criteria set forth under Chapter 404 of the Code of Iowa.  (Community Center Urban Revitalization Plan)

       b.        Ordinance No. 05-34 establishing Community Center Urban Revitalization Area.  Initial consideration.

All in favor, motion carried.

Mayor pro tem Rehn opened the public hearing regarding establishment of 12^th Street Urban Revitalization Plan, located between 12^th and 13^th Streets, and 2^nd and 3^rd Avenues.  (Custom Cabinets, 295 12^th Street)  No comments, written or verbal were received.  Mayor pro tem Rehn declared the public hearing closed.

Moved by Pazour, seconded by Stark to approve Project Calendar regarding establishing 12^th Street Urban Revitalization Plan, as follows:

       a.        Resolution No. 18396 finding that the rehabilitation, conservation, redevelopment or combination thereof of a proposed Urban Revitalization Area is necessary in the interest of the public health, safety or welfare of the residents of the city and the criteria set forth under Chapter 404 of the Code of Iowa.  (12^th Street Urban Revitalization Plan)

       b.        Ordinance No. 05-35 establishing 12^th Street as an Urban Revitalization Area.  Initial consideration.  (Custom Cabinets, 295 12^th Street)

All in favor, motion carried.

Resolution No. 18397 authorizing installation of “Children at Play” signs on Keyes Court was read by Stark.  Moved by Stark, seconded by Lammers to approve Res. No. 18397.  City Manager Jeff Schott addressed questions from the council.  Roll Call:  Yeas:  None. Nays:  Rehn, Lammers, Pazour, Stark, Cram and Wagner.  Resolution fails.

Moved by Cram, seconded by Pazour to concur with TAC recommendation against installation of a westbound right turn lane on McGowan Boulevard east of 10^th Street.  All in favor, motion carried.

Resolution No. 18398 establishing no parking on both sides of South 14^th Street between B and C Avenues (Diane Hoffa, 1355 B Avenue) was read by Wagner.  Moved by Wagner, seconded by Lammers to approve Res. No. 18398.  Diane Hoffa spoke in favor of the Resolution as presented and had a few pictures to show council.  Moved by Pazour, seconded by Lammers to amend Res. No. 18398 to remove parking on the west side only.  All in favor of amendment, motion carried.

Resolution No. 18399 approving purchase of backhoe and pavement breaker from Martin Equipment Co. in the amount of $70,960 was read by Lammers.  Moved by Lammers, seconded by Pazour to approve Res. No. 18399.  All in favor, motion carried.

Resolution No. 18400 approving purchase of asphalt planer from Bobcat of Cedar Rapids in the amount of $16,862 was read by Pazour.  Moved by Pazour, seconded by Stark to approve Res. No. 18400.  All in favor, motion carried.

Resolution No. 18401 approving purchase of box, sander, plow and pre-wet system for two and one-half ton truck from Henderson Equipment Co., Manchester, Iowa, in the amount of $42,689 was read by Stark.  Moved by Stark, seconded by Wagner to approve Res. No. 18401.  All in favor, motion carried.

Resolution No. 18402 approving contract and bond with Kleiman Construction, Inc. for the 2005 City Hall Construction Project was read by Cram.  Moved by Cram, seconded by Pazour to approve Res. No. 18402.  All in favor, motion carried.

Resolution No. 18403 authorizing and providing for the issuance of not to exceed $3,850,000 aggregate principal amount of Multi-Family Housing Revenue Bonds (Village Place at Marion Project) of the City of Marion, Iowa, for the purpose of lending the proceeds thereof to the borrower; the executive and delivery of a loan agreement between the city and the borrower providing for the repayment of the Loan of the proceeds of the bonds and the securing of the repayment obligation; the executive and delivery of an indenture of trust to secure the bonds; the execution and delivery of a bond purchase agreement relating to the sale of the bonds; the approval of an official statement; the sale of the bonds; and the execution of other documents related thereto (Village Place) was read by Wagner.  Moved by Wagner, seconded by Lammers to approve Res. No. 18403.  All in favor, motion carried.

Mayor pro tem Rehn recommended the following appointment to the Area Ambulance Governing Board:

• Council Member Paul Rehn
• City Manager Jeff Schott

Moved by Wagner, seconded by Lammers to concur with the Mayor pro tem’s recommendation.  All in favor, with Rehn abstaining, motion carried.

Council Discussion Time:

Council Member Pazour expressed concern over those outside chimney pots and that people were burning trash in them.

City Manager Jeff Schott reminded council of the City Hall ground breaking at noon on Monday.

Mr. Schott also indicated that he had spoken to staff regarding having the applicant and their consultants/representatives at the public hearing to make their own presentations as opposed to having staff do so.

Council was informed that Mr. Schott would be having some outpatient surgery next week.

Mayor pro tem adjourned the meeting at 8:31 p.m.

__________________________
Paul Rehn, Mayor pro tem

Attest:

____________________________
Wesley A. Nelson, City Clerk