November 15, 2007

 

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, November 15, 2007, 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 Adamson.  Absent:  Mayor Nieland.

The meeting was opened with the Pledge of Allegiance led by Boy Scout Troop 89.

Gerald Vuichard, 3649 Brookside Drive, explained that he submitted a request at the October 18^th Council meeting regarding the Brookside Drive Sanitary Sewer Project.  He has since met with the City Manager regarding his concerns.  He noted that the issue was not resolved.  He asked that the City help him obtain an easement across the neighbor’s property so that he can connect to the sanitary sewer.  He noted that he would also like financial assistance.  City Manager Lon Pluckhahn noted that if Mr. Vuichard is unable to obtain the easement the City may be able to assist.  Council asked for further information regarding the agreement.  City Attorney Don Hoskins noted that no action can be taken on this item tonight since it was not on the printed agenda and is not an emergency.

 

Motion to approve Project Calendar regarding Planning and Zoning Department payments, as follows:

a.      Resolution No. 19664 approving Partial Payment No. 14 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Hazard Substances) in the amount of $13,813.11.

b.      Resolution No. 19665 approving Partial Payment No. 14 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Petroleum Substances) in the amount of $1,457.44.

c.      Resolution No. 19666 approving Partial Payment No. 19 to Howard R. Green Company for services related to the 2005 EPA Brownfields Cleanup Grant in the amount of $728.00.

Resolution No. 19667 approving Partial Payment No. 1 from the Winslow Road Tax Increment Financing Fund (TIF) to Helping Hands Ministry for assistance to homeless or near homeless families in Marion in the amount of $4,500.00.

Resolution No. 19668 stating no objection to voluntary annexation to the City of Robins for property located north of Tower Terrace Road, east of Center Point Road within the two-mile extraterritorial jurisdiction (Interstate Power and Light Company).

Motion to receive and file correspondence related to development agreement (Rapids Wholesale Equipment Company).

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

a.        Request to rezone property located east of 31^st Street, north of Munier Road from A-1, Rural Restricted to PD-C, Planned Development – Commercial (Robin Holub request).

b.        Preliminary and Final Site Development Plans for Holub’s Second Addition, located north of Munier Road and east of 31^st Street.

c.        Request to rezone property located at 241 3^rd Avenue from C-4, Warehouse/Commercial to R-2, Two-Family Residential (Frank Reynolds request).

Motion to approve the Project Calendar regarding acceptance of certain public improvements, as follows:

a.      Resolution No. 19669 approving Partial Payment No. 1 to Dave Schmitt Construction regarding the 2007 Draintile Project in the amount of $14,156.79.

b.      Resolution No. 19670 approving Partial Payment No. 14 to Shive Hattery Inc. for engineering services regarding the 29^th Avenue Extension Project in the amount of $75,331.16.

Motion to receive and file report regarding 29^th Avenue Extension Project schedule.

Motion to receive and file the 2007 Engineering Work Program.

Motion to concur with TAC recommendation for no change related to parking on the west side of south half of 10^th Street between 6^th and 7^th Avenues (Sharon Otte).

Motion to receive and file preliminary report regarding licensing drywall and roofing trades.

Motion to approve the minutes of the October 30 and November 1, 2007 City Council meetings.

Motion to approve bills as presented in the amount of $288,348.71.

Resolution No. 19671 approving renewal application for a Class C Liquor permit with additional privilege for Outdoor, Sunday Sales and Catering for Naso’s Pizza, Inc. dba Naso’s Pizza Marion.

Resolution No. 19672 setting a public hearing for December 6, 2007 regarding the proposed assessment of delinquent fees.

Resolution No. 19673 approving purchase of five police vehicles (four regular patrol cars and one canine patrol vehicle) from Junge Ford, Center Point, in the amount of $107,340.00.

Motion to receive and file preliminary report related to road construction/street installations: Proactive-vs.-Reactive.

Motion setting Saturday, December 15, 2007 at 8:30 a.m. for Council Budget Workshop.

Motion to receive and file Department Monthly Reports for October 2007.

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

 

Moved by Adamson, seconded by Pazour to receive and file request for Tax Increment Financing assistance for 2998 7^th Avenue (Russell E. Miller, M & E Investments, LLC and Iowa Health Physicians Clinic).  Jim Lamb from Iowa Realty Commercial and Tom Kieffer, 8801 Birchwood Court, Johnston, Director of Facilities for Iowa Health Physicians Clinics, reviewed the project.  All in favor, motion carried.

 

Moved by Lammers, seconded by Pazour to direct staff to prepare Resolution of Intent to proceed with Tax Increment Financing assistance for 2998 7^th Avenue (Russell E. Miller, M & E Investments, LLC and Iowa Health Physicians Clinic).  Planning and Development Director Tom Treharne noted that this item was not on the printed agenda.  He noted that Iowa Health Physicians wanted an indication if Council would be supportive of the request for their Board meeting on December 4^th.  City Attorney Don Hoskins noted that Council can take action on an item not on the printed agenda if it is emergency in nature.  He noted that Iowa Health Physicians needs the information for their December 4^th Board meeting.  City Council does not meet again until December 6^th.  City Manager Lon Pluckhahn stated that he did a financial analysis on the TIF request.  The project does fit within the terms of the City’s existing TIF policy.  Moved by Adamson, seconded by Wagner to amend the motion to require staff do what is necessary regarding landscape and design.  All in favor of amendment, motion carried.  All in favor of motion as amended, motion carried.

Moved by Cram, seconded by Pazour to remove from table Resolution No. 19619 approving the Memorandum of Agreement and Final Plat of R.E.C. Second Addition, located north of 29^th Avenue, west of REC Drive (Linn County Rural Electric Cooperative Association (Tabled October 18, 2007).  All in favor, motion carried.

Resolution No. 19619 approving the Memorandum of Agreement and Final Plat of R.E.C. Second Addition, located north of 29^th Avenue, west of REC Drive (Linn County Rural Electric Cooperative Association (Tabled October 18, 2007) was read by Wagner.  Moved by Wagner, seconded by Adamson to approve Res. No. 19619.  Planning and Development Director Tom Treharne presented the staff report.  All in favor, motion carried.

Moved by Lammers, seconded by Wagner to approve Project Calendar for the REC Drive Assessment Project, as follows:

     a.       Motion to retain City Engineer as Project Engineer regarding the REC Drive Assessment Project.
     b.       Resolution No. 19674 approving the preliminary resolution pursuant to Chapter 384.42 of the Code of Iowa regarding the REC Drive Assessment Project.
     c.       Resolution No. 19675 approving proposed Resolution of Necessity regarding the REC Drive Assessment Project.

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

 

Ordinance No. 07-30 amending Chapter 75 of the Code of Ordinances relating to definition of all terrain vehicles was read by Pazour for second consideration.  Moved by Pazour, seconded by Wagner to approve the second reading of Ord. No. 07-30.  All in favor, motion carried.

 

Moved by Pazour, seconded by Lammers to suspend the rules and place Ord. No. 07-30 on the agenda for adoption and to adopt Ord. No. 07-30.  All in favor, motion carried.

Resolution No. 19676 approving fee schedule related to background checks of alarm companies was read by Adamson.  Moved by Adamson, seconded by Pazour to approve Res. No. 19676.  City Attorney Don Hoskins presented the staff report.  All in favor, motion carried.

Mayor pro tem Rehn opened the public hearing regarding the 2007 Lowe Park Concession Stand Project.  Parks Director Richard Fox presented the staff report.  No other comments, written or verbal, were received.  Mayor pro tem Rehn declared the public hearing closed.

Resolution No. 19677 accepting bids and awarding a contract to Apex Construction, Iowa City, for the 2007 Lowe Park Concession Stand Project in the amount of $191,000 was read by Cram.  Moved by Cram, seconded by Pazour to approve Res. No. 19677.  All in favor, motion carried.

Council Discussion:
            Mayor pro tem Rehn reminded everyone that political signs cannot be placed in the City right-of-way.
            Mayor pro tem Rehn noted that there will be a vacancy for the Ward 2 Council Member position effective January 1^st when he becomes Mayor.  He recommended that Council appoint to fill the vacancy.  Council discussed how to fill the vacancy.  Mayor pro tem Rehn noted that the citizens can petition for an election. 
            Council Member Adamson congratulated newly elected Council Member Steve Sprague on his election and on his retirement from Kirkwood Small Business Development Center.
            Council Member Pazour noted the many improvements to the 7^th Avenue corridor including the Hy-Vee Drug Store, Kentucky Fried Chicken, Subway, Papa Murphy’s, and the new fence at Marion Iron.

 

Mayor pro tem Rehn adjourned the meeting at 7:48  p.m.

 

 

____________________________
Paul E. Rehn, Mayor pro tem

 

Attest:

 

____________________________
Beth J. Little, Assistant City Clerk