October 20, 2005

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, October 20, 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:  Mayor Nieland.

The meeting was opened with the Pledge of Allegiance led by Douglas Fiester.

Paul Draper, 4670 Fairways Court, stated that he is representing Ensuring Marion’s Future.  He stated that Dr. Leo Circeo from Georgia Tech University will be speaking in Marion on November 21^st and 22^nd regarding plasma torch technology and solid waste disposal.  Mr. Draper also noted that the Cedar Rapids Gazette refers to the landfill north of Marion.  He distributed maps showing the location of the Marion city limits.  He also noted that representatives from Bluestem have indicated that the landfill will be filled soon and there will be a crisis if the landfill issue is not resolved soon.  He noted that the Bluestem map that was submitted to the Department of Natural Resources does not show expansion onto the Black property until between 2012 and 2017.  Mr. Draper distributed copies of this map also.  Moved by Pazour, seconded by Stark to receive and file both maps.  All in favor, motion carried.

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

Motion to receive and file MEDCO quarterly report on economic development activities.

Resolution No. 18440 approving Partial Payment No. 2 to Flat Earth Planning related to updating zoning ordinance in the amount of $1,030.00.

Motion directing staff to solicit consulting services related to implementing the City US EPA Clean-Up Grant.

Resolution No. 18441 awarding contract to Tallgrass Historians for National Register District Nomination for Terrace Park Neighborhood, located north of 9^th Avenue south of 10^th Avenue between 11^th and 12^th Streets, in the amount of $3,985.00.

Motion to receive and file KPPC First Addition Final Plat to Linn County, located north of East Robins Road, east of C Avenue Extension (Blackford Farms, Inc.).

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

a.       Revised REC Second Addition Preliminary Plat and Preliminary Development Plan, located north of 29th Avenue west of Highway 13 (Linn County REC).

b.       Hunters Field Additions Preliminary plat located between 10th Street and Winslow Road south of Huntington Hills Addition (Eschman and Kane).

Motion to approve Project Calendar regarding engineering payments, as follows:

a.    Resolution No. 18442 approving Partial Payment No. 2 to Eastern Iowa Excavating and Concrete, LLC regarding the 2005 11th Street/13th Avenue Storm Sewer Repair Project in the amount of $13,370.47.

 

b.    Resolution No. 18443 approving Partial Payment No. 2 to Connolly Construction, Inc. regarding the 2005 Squaw Creek Channel Improvement Project in the amount of $372.40

c.    Resolution No. 18444 approving Partial Payment No. 4 to Snyder and Associates, Inc. for engineering services regarding the 2005 Squaw Creek Channel Improvement Project in the amount of $1,800.00.

d.    Resolution No. 18445 approving Partial Payment No. 11 to Anderson-Bogert Engineers, Inc. for engineering services regarding the Dry Creek Regional Basin Project in the amount of $235.50.

e.    Resolution No. 18446 approving Partial Payment No. 1 to Anderson-Bogert Engineers, Inc. for engineering services regarding the Boyson Road/ Alburnett Road Intersection Improvement Project in the amount of $2,408.44.

f.    Resolution No. 18447 approving Partial Payment No. 18 to Snyder and Associates for engineering services regarding the US 151/IA 13 Intersection Improvement Project in the amount of $102.00.

Resolution No. 18448 accepting the 2005 11^th Street/13^th Avenue Storm Sewer Project.

Resolution No. 18449 approving three-year contract for janitorial services with Expert Janitorial Services for Public Services Department building in the amount of $490.00 per month.

Motion to approve the minutes of the October 4 and 6, 2005 City Council meetings.

Motion to approve bills as presented in the amount of $1,105,594.47.

Resolution No. 18450 approving renewal application for a Class B Native Wine permit with additional privilege for Sunday Sales for Marion Square Gardens, Inc. dba Marion Square Gardens, Inc.

Resolution No. 18451 approving an additional privilege for Kum and Go, L.C. dba Kum & Go #153 License #BC0016756 Class C Beer Permit by adding a Class B Wine Permit from November 1, 2005 to June 30, 2006.

Motion to receive and file Civil Service Commission Certified Eligible List for Entrance Level Police Officer.

Resolution No. 18452 setting public hearing for November 3, 2005 regarding General Obligation Bond Sale and Reverse Referendum.

Resolution No. 18453 setting public hearing for November 3, 2005 regarding budget amendment for FY 05-06.

Motion to receive and file request for Hotel-Motel Tax funding for FY 06-07 (American Legion – Post 298).

Motion to receive and file Monthly Department Reports for September 2005.

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

Ordinance No. 05-33 establishing 44^th Street as a Revitalization Area was read by Stark for final consideration.  Moved by Stark, seconded by Pazour to approve the third reading of Ord. No. 05-33.  All in favor, motion carried.

Mayor pro tem Rehn opened the public hearing regarding amendment to Section 176.38 – Major Streets of the Code of Ordinances eliminating 50^th Street designation as a collector street north of 29^th Avenue.  Planning and Development Director Tom Treharne presented the staff report.  No other comments, written or verbal, were received.  Mayor pro tem Rehn declared the public hearing closed.

Ordinance No. 05-36 amending Section 176.38 – Major Streets of the Code of Ordinances eliminating 50^th Street designation as a collector street north of 29^th Avenue was read by Cram for initial consideration.  Moved by Cram, seconded by Wagner to approve the first reading of Ord. No. 05-36.  All in favor, motion carried.

Mayor pro tem Rehn opened the public hearing regarding rezoning of property located south of County Home Road east and west of Highway 13 from Linn County A, Agricultural, A-5, Agricultural Farmstead Overlay, I-1, Light Industrial; OT, Office-Transitional and A-R-5A, Agricultural/Residential Sub-District Five Acre Lots to Marion A-1, Rural Restricted per Section 176.07-7(A) of the Marion Code of Ordinance (City Initiated).  Planning and Development Director Tom Treharne and City Manager Jeff Schott presented the staff report.  Council Member Pazour noted that the Secretary of State considers the property to be annexed to the City of Marion.  Moved by Pazour, seconded by Wagner to receive and file correspondence opposing the rezoning from James Wainwright from Ahlers and Cooney, PC, representing the Cedar Rapids/Linn County Solid Waste Agency, and Les Beck, Director of Linn County Planning and Development.  All in favor, motion carried.  Lowell Batson, 2018 County Home Road, stated that his wife is unable to attend the meeting tonight.  He stated that they are in favor of the rezoning.  Bill Copper, 1055 Edwin Drive, stated that his family owns 117 acres included in the rezoning.  He stated that they are in favor of the rezoning.  Bill Humbert, 3765 Windemere Way, spoke in favor of the rezoning.  Ed Mulholland, 2880 Silver Oak Trail, representing Ensuring Marion’s Future, stated that they are in favor of the rezoning.  Bob Copper, 2265 Daleview Drive, stated that Mr. Elson was unable to attend the meeting tonight.  He stated that both he and Mr. Elson are in favor of the rezoning.  Mr. Bob Copper requested that the letters from Ahlers and Cooney and Les Beck be read.  Mayor pro tem Rehn read the letters.  Bill Humbert, 3765 Windemere Way, reminded Council that the Linn County Planning and Zoning Commission voted unanimously against expansion of the landfill.  He noted that not just the City of Marion is opposed.  No other comments, written or verbal, were received.  Mayor pro tem Rehn declared the public hearing closed.

Ordinance No. 05-37 amending the Code of Ordinances regarding rezoning of property located south of County Home Road east and west of Highway 13 from Linn County A, Agricultural, A-5, Agricultural Farmstead Overlay, I-1, Light Industrial; OT, Office-Transitional and A-R-5A, Agricultural/Residential Sub-District Five Acre Lots to Marion A-1, Rural Restricted per Section 176.07-7(A) of the Marion Code of Ordinance (City Initiated) was read by Wagner for initial consideration.  Moved by Wagner, seconded by Stark to approve the first reading of Ord. No. 05-37.  All in favor, motion carried.

Resolution No. 18454 approving Memorandum of Agreement and Final Plat for Edgebrooke 4^th Addition, located north of 29^th Avenue east of Indian Creek Road (Midwest Development, LLC) was read by Lammers.  Moved by Lammers, seconded by Pazour to approve Res. No. 18454.  All in favor, motion carried.

Resolution No. 18455 approving Memorandum of Agreement and Final Plat for Winslow Heights 2^nd Addition, located northeast of Winslow Road south of Winslow Court (JPM Enterprises, Inc.) was read by Pazour.  Moved by Pazour, seconded by Wagner to approve Res. No. 18455.  All in favor, motion carried.

Moved by Stark, seconded by Pazour to approve request for deferral of sidewalk requirements for property located adjacent to Alburnett Road at 450 Partridge Court (Academy Homes and Remodeling).  City Manager Jeff Schott noted that this item should have been a resolution instead of a motion.  Council agreed by unanimous consent to amend the motion to approve Resolution No. 18465, approving request for deferral of sidewalk requirements for property located adjacent to Alburnett Road at 450 Partridge Court.  All in favor, motion carried.

Moved by Cram, seconded by Stark to concur with TAC recommendation regarding Keyes Court traffic.  All in favor, motion carried.

Moved by Wagner, seconded by Lammers to approve the Project Calendar regarding Public Services Department vehicle and equipment purchases, as follows:

a.    Resolution No. 18456 approving purchase of ¾ ton pick-up from Junge Ford in the amount of $20,198 and a one-ton cab and chassis from Junge Ford in the amount of $17,334.

b.    Resolution No. 18457 approving purchase of lift gate, box liner and snow plow for ¾ ton truck from Tri-State Truck Equipment, Dubuque, in the amount of $5,871.00.

c.    Resolution No. 18458 approving purchase of two dump bodies, two tail gate sanders and two snow plows for one-ton chassis from Henderson Equipment, Manchester, in the amount of $28,894.

d.    Resolution No. 18459 approving purchase of one-ton cab and chassis from Rydell Chevrolet in the amount of $12,652.

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

Ordinance No. 05-38 relating to the definition of nuisances relating to gambling devices was read by Lammers for initial consideration.  Moved by Lammers, seconded by Pazour to approve the first reading of Ord. No. 05-38.  All in favor, motion carried.

Moved by Pazour, seconded by Cram to direct staff to prepare an ordinance regarding sex offenders’ residency restrictions.  Council Member Wagner stated that he received an email from a resident asking if sex offenders could be restricted from living near a household with a minor child.  City Attorney Don Hoskins stated he would review the request.  City Manager Jeff Schott stated that the City is proposing to use the State law as a basis for the ordinance.  Sam Dillon, 2795 23^rd Avenue, noted that even if the sex offender cannot live within 2,000 feet of a park he can still walk or drive to the park.  He stated that although this may make you feel better it just moves the offenders residence.  Karen Clark Hansen, 625 South 22^nd Street, agreed that this does not solve the problem.  She noted that it may make people more complacent.  Police Chief Harry Daugherty stated that the proposed ordinance would broaden the current State law to add certain other areas including parks and libraries. Chief Daugherty noted that parks don’t have supervision. Council Member Lammers noted that several residents had approached her with the same comments as Mr. Dillon and Ms. Hansen. City Manager Schott stated that tonight’s legislation only directs staff to prepare an ordinance for Council to consider. All in favor, motion carried.

Moved by Stark, seconded by Pazour to approve the Project Calendar related to the 2005 City Hall Construction Project, as follows:

a.     Resolution No. 18460 approving Final Payment to D. W. Zinser Company, Inc. for demolition services relating to the 2005 City Hall Construction Project in the amount of $9,050.00.

b.     Resolution No. 18461 accepting demolition project by D. W. Zinser Company, Inc. relating to the 2005 City Hall Construction Project.

c.     Resolution No. 18462 approving agreement with Kleiman Construction, Inc. related to the 2005 City Hall Construction Project for storm sewer construction in the amount of $22,777.00.

d.     Resolution No. 18463 approving Change Order No. 1 to Kleiman Construction, Inc. related to the 2005 City Hall Construction Project for additional hydrant and widening basement footing in the amount of $5,532.00.

e.     Resolution No. 18464 approving payment to Greiner Well for well plugging related to the 2005 City Hall Construction Project in the amount of $2,788.88.

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

Mayor pro tem Rehn recommended the following appointments to the Priorities Advisory Committee:

John Botkin - MEDCO

Tim Mooney - Planning and Zoning Commission

Moved by Pazour, seconded by Lammers to concur with Mayor pro tem Rehn’s recommendations.  All in favor, motion carried.

City Manager Jeff Schott noted that a representative is needed from Council to serve on the Priorities Advisory Committee.  Mayor pro tem Rehn recommended that Council Member Nick Wagner be appointed to the Priorities Advisory Committee.  Moved by Pazour, seconded by Lammers to concur with Mayor pro tem Rehn’s recommendations.  All in favor, motion carried.

Council Discussion Time:

City Manager Jeff Schott stated that a phone call was received from Frank Reynolds, 111 19th Street, asking Council to consider removing the stop signs on 15th and 19th Streets at 6th Avenue.  Mr. Reynolds feels that since there are no longer trains using this area, the stop signs should be removed.  Council Member Pazour suggested that the stop signs be replaced with yield signs. City Engineer Dan Whitlow noted that this area had been recently reviewed by TAC.  TAC had recommended no change. Moved by Pazour, seconded by Lammers to receive and file and refer the request to TAC and have TAC review the possible installation of yield signs. Roll Call: Yeas: Rehn, Lammers, and Pazour. Nays: Cram, Wagner, and Stark. Motion failed.

Mayor pro tem Rehn adjourned the meeting at 7:53 p.m.

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Paul E. Rehn, Mayor pro tem

Attest:

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Beth J. Little, Assistant City Clerk