November 3, 2005

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, November 3, 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.

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

Resolution No. 18466 stating no objection to voluntary annexation from Linn County to the City of Robins for property located east of I-380 north and south of County Home Road (Don Burd and Kenneth D. Brown/Cliff Bowers/Russ Thompson).

Motion to receive and file request to withdraw Revised Hunters Field Preliminary Plat (Larry Kane).

Resolution No. 18467 resetting public hearing for December 1, 2005 regarding voluntary annexation of property located east of Indian Creek Road, north and south of 35^th Avenue (Vaughn Farm Co., Inc./Edison Properties/Marion Municipal Water Department).

Resolution No. 18468 setting public hearing for November 17, 2005 regarding submittal of an application to the Iowa Department of Economic Development Housing Fund and the city commitment of $24,000 as matching funds.

Motion to approve Project Calendar regarding Planning and Development payments, as follows:
a.       Resolution No. 18469 approving payment to Aging Services for reimbursement of work associated with the Chore Services Program in the amount of $486.73.
b.       Resolution No. 18470 approving Partial Payment No. 20 to Howard R. Green Company for services related to Brownfield Assessment Grant in the amount of $8,909.78.
c.       Resolution No. 18471 approving Partial Payment No. 10 to East Central Iowa Council of Governments for administration of the Housing Rehabilitation Program in the amount of $1,920.

Resolution No. 18472 approving waiver of subdivision requirements to allow the transfer of property by Plat of Survey, located south of Boyson Road west of Alburnett Road (Midwest Development Co.).

Motion to receive and file correspondence regarding major street planning (MEDCO).

Motion to receive and file correspondence regarding proposal to change the name of 35^th Avenue to Tower Terrace Road (Steve Gannon, Linn County Engineer).

Motion to receive and file request for waiver of sidewalk requirement for property located at 1308 1^st Avenue (Frank Reynolds, 111 19^th Street).

Motion to receive and file and refer to the Planning and Zoning Commission, as follows:
       a.    Request to rezone property located north of Robins Road between Alburnett Road and Mulberry Drive from Linn County A to R-2, Medium Density Single-Family (Raymond Kloubec, Jr., Karol Tefer and ARCON Development, Inc.).
       b.    Highview Addition Preliminary Plat, located north of Robins Road between Alburnett Road and Mulberry Drive (Raymond Kloubec, Jr., Karol Tefer and ARCON Development, Inc.).
       c.    Creekview Addition Final Plat, located northwest of Grand Avenue extended (Anace and Polly Aossey).

Motion to receive and file to TAC request to review speed limits on Business Highway 151 west of Highway 13.

Motion concurring with TAC recommendation regarding request for handicapped parking on Sundays only for First Presbyterian Church, 802 12^th Street.

Motion to receive and file correspondence regarding parking restrictions in the South 14^th Street area.

Motion to receive and file correspondence from J.F. Nemec, 1850 Country Club Drive.

Motion to approve the minutes of the October 18 and 20, 2005 City Council meetings.

Motion to approve bills as presented in the amount of $313,487.06.

Resolution No. 18473 approving renewal application for a Class B Liquor permit with additional privilege for Sunday Sales, catering privilege and an outdoor permit for The Longbranch, Inc. dba Best Western Longbranch Hotel.

Resolution No. 18474 approving renewal application for a Class C Beer permit with additional privilege for a Class B Wine permit and Sunday Sales for Quik Trip Corporation dba Quik Trip #504.

Resolution No. 18475 approving renewal application for a Class C Beer permit with additional privilege for Sunday Sales for HY-VEE, Inc. dba HY-VEE Gas.

Motion to approve a new cigarette permit for Wal-Mart Stores, Inc. dba Wal-Mart Supercenter #3630.

Motion to receive and file the Annual Financial Report for the fiscal year ended June 30, 2005.

Resolution No. 18476 setting a public hearing for December 1, 2005 regarding the proposed assessment of delinquent fees.

Resolution No. 18477 approving Partial Payment No. 4 to Miron Construction  Co., Inc. for Lowe Park Art and Environment Center in the amount of $760,245.39.

Resolution No. 18478 approving Partial Payment No. 10 to Howard R. Green Company for design services relating to the 2005 City Hall Construction Project in the amount of $17,608.08.

Motion to receive and file request for Hotel/Motel funding (Entrepreneurial Development Center, Inc. and Red Cedar Chamber Music).

Resolution No. 18479 approving Utility License Agreement for Duane Arnold Energy Center Sirens with Interstate Power and Light Company.

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

Ordinance No. 05-34 establishing Community Center Urban Revitalization Area was read by Cram for final consideration.  Moved by Cram, seconded by Pazour to approve the third reading of Ord. No. 05-34.  All in favor, motion carried.

Ordinance No. 05-35 establishing 12^th Street as an Urban Revitalization Area was read by Wagner for final consideration (Custom Cabinets, 295 12^th Street).  Moved by Wagner, seconded by Lammers to approve the third reading of Ord. No. 05-35.  All in favor, motion carried.

Ordinance No. 05-36 amending Section 276.38 – Major Streets of the Code of Ordinances eliminating 50^th Street designation as a collector street north of 29^th Avenue was read by Lammers for second consideration.  Moved by Lammers, seconded by Pazour to approve the second reading of Ord. No. 05-36.  All in favor, motion carried.

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-F, 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 Pazour for second consideration.  Moved by Pazour, seconded by Stark to approve the second reading of Ord. No. 05-37.  All in favor, motion carried.

Resolution No. 18480 approving Memorandum of Agreement and Final Plat of Meadow Glen Seventh Addition to the City of Marion located east of Alburnett Road, north of 29^th Avenue (Burger Homes and Development, Inc.) was read by Stark.  Moved by Stark, seconded by Pazour to approve Res. No. 18480.  All in favor, motion carried.

Resolution No. 18481 adopting final assessment schedule regarding the 2005 Sidewalk Assessment Project and amending, confirming and levying the assessments was read by Cram.  Moved by Cram, seconded by Lammers to approve Res. No. 18481.  All in favor, motion carried.

Moved by Wagner, seconded by Cram to direct staff to notify residents regarding proposed removal of parking on one side of street in South 14^th Street area.  Larry Hansen, 1235 B Avenue, stated that the residents of B Avenue are opposed to the removal of parking on B Avenue.  He noted that he had previously submitted a petition and comments regarding the removal of parking.  All in favor, motion carried.

Moved by Lammers, seconded by Pazour to receive and file correspondence regarding snow routes (Russ Miller, 2775 Silver Oak Trail).  Council Member Lammers read the correspondence form Mr. Miller.  All in favor, motion carried.

Resolution No. 18482 designating certain streets in the city as snow routes was read by Pazour.  Moved by Pazour, seconded by Stark to approve Res. No. 18482.  All in favor, motion carried.

Resolution No. 18483 approving new application for a Class C Beer permit with additional privilege for Sunday Sales, Class E Liquor and Class B Wine for Wal-Mart Stores, Inc. dba Wal-Mart Supercenter #3630 was read by Stark.  Moved by Stark, seconded by Lammers to approve Res. No. 18483.  All in favor except Cram, motion carried.

Moved by Cram, seconded by Stark to receive and file the Annual Audit Report for the year ended June 30, 2005.  All in favor, motion carried.

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

Resolution No. 18484 setting public hearing for November 17, 2005 regarding sex offenders residency requirements was read by Lammers.  Moved by Lammers, seconded by Wagner to approve Res. No. 18484.  All in favor, motion carried.

Mayor pro tem Rehn opened the public hearing regarding General Obligation Sale and Reverse Referendum.  No comments, written or verbal, were received.  Mayor pro tem Rehn declared the public hearing closed.

Resolution No. 18485 determining to proceed with the issuance and setting date of November 17, 2005 for the sale of $3,300,000 General Obligation Corporate Purpose Bonds, Series 2005, and providing for the advertisement of such sale was read by Pazour.  Moved by Pazour, seconded by Lammers to approve Res. No. 18485.  All in favor, motion carried.

Mayor pro tem Rehn opened the public hearing regarding budget amendment for FY 05-06.  No comments, written or verbal, were received.  Mayor pro tem Rehn declared the public hearing closed.

Resolution No. 18486 approving budget amendment for FY 05-06 was read by Stark.  Moved by Stark, seconded by Pazour to approve Res. No. 18486.  All in favor, motion carried.

Mayor pro tem Rehn recommended the following appointments to the Priorities Advisory Committee:
    Robert Burkhart, 408 11^th Street       Ward 1 Representative
    Brian Wilson                                      Chamber of Commerce
    Charlie Kress                                     Park Board
    Molly Andersen                                  Library Board
Moved by Lammers, seconded by Pazour to concur with Mayor pro tem Rehn’s recommendations.  All in favor, motion carried.

Council Discussion Time:
          Council Member Pazour congratulated the Marion girls volleyball team.  They qualified for the state tournament.  Ms. Pazour noted that she was the first girls volleyball coach at Marion.

          Council Member Pazour thanked Council Member Stark for his service to the City.  Council Member Stark thanked the staff and Council.  Mayor pro tem Rehn noted that Council Member Stark was a valued member of the Council.  Council Member Wagner stated that Council Member Stark was an asset to the Council.  Council Member Cram stated that he was glad to have Council Member Stark serve on the City Council.  Acting City Manager Harry Daugherty, on behalf of the staff, thanked Council Member Stark for his service to the City. 

Mayor pro tem Rehn adjourned the meeting at 7:29 p.m.

Attest:

____________________________ ________________________________

Paul E. Rehn, Mayor pro tem                           Beth J. Little, Assistant City Clerk