Council Minutes - November 16, 2006

City Council

November 16, 2006

 

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, November 16, 2006, at 7:00 p.m. in the council chambers of City Hall with Mayor Nieland presiding and the following council members present:  Cram, Wagner, Rehn, Lammers, Pazour, and Adamson.  Absent:  None.

 

The meeting was opened with the Pledge of Allegiance.

 

Perry Walton, 1710 Marion Airport Road, asked about the status of the regional police helicopter service.  Mayor Nieland explained that the City is waiting for information from the City of Cedar Rapids.  Mr. Walton stated that the police helicopter service is very important to the area. 

 

Moved by Adamson, seconded by Rehn to approve the consent calendar as follows:

 

Motion to approve Project Calendar related to Planning and Development Department payments, as follows:
a.           Resolution No. 19112 approving Partial Payment No. 22 to East Central Iowa Council of Governments for administration of the Housing Rehabilitation Grant Program in the amount of $1,125.00.
b.           Resolution No. 19113 approving Partial Payment No. 9 to Flat Earth Planning for services related to updating the Marion Zoning Ordinance in the amount of $2,610.00.

Resolution No. 19114 approving request for waiver of subdivision regulations to allow the transfer of property - Plat of Survey No. 1384 located south of Boyson Road, west of Alburnett Road (Midwest Development Co.).

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

Motion to receive and file correspondence regarding Terrace Park Historic District.

Motion to receive and file request for funding from Winslow Road Tax Increment Financing District Fund from Marion Churches Senior Living Community Foundation.

Motion to receive and file Bloomington Road First Addition Final Plat, located at the intersection of Bloomington Road and Fox Hollow Road (Robert and Christine Magill).

Motion to approve Project Calendar regarding Engineering Department payments, as follows:
a.     Resolution No. 19115 approving payment to Sara Fishel for reimbursement for overwidth and overdepth of pavement and sub-base related to Artesian Road associated with Glen Rock Farms 5th Addition in the amount of $5,751.81.

b.     Resolution No. 19116 approving Partial Payment No. 2 to Shive-Hattery, Inc. for engineering services regarding the 29th Avenue Extension Project in the amount of $52,169.67.

Motion to approve Project Calendar regarding acceptance of public improvements in the following subdivisions:
a.     Resolution No. 19117 accepting public improvements for Glen Rock Farm 5th Addition to the City of Marion.
b.     Resolution No. 19118 accepting public improvements for Creek View Addition to the City of Marion.
c.     Resolution No. 19119 accepting public improvements for Marion Churches 2nd Addition to the City of Marion.

Resolution No. 19120 approving contract and bond for the U.S. 151/Iowa 13 and Iowa 100 Intersection Improvement Project with Tschiggfrie Excavating Co., Inc.

Motion to receive and file the 2006 Engineering Work Program.

Motion to receive and file report regarding Linn County Regional Planning Commission Ordinance Review Committee evaluation and update of regional flood plain regulations.

Motion to receive and file recommendations for sidewalk installation from ADA Advisory Committee.

Resolution No. 19121 approving 2006-2007- Snow and Ice Policy.

Motion to receive and file report from the CIPA Committee regarding Critical Elements and Performance Measures for Nuisance Enforcement.

Motion to approve the minutes of the October 31, November 2 and 7, 2006 City Council meetings.

Motion to approve bills as presented in the amount of $443,779.55.

Motion to approve a cigarette permit for SpyBar on Tenth, Inc.

Motion to receive and file correspondence from Marion Tree Board regarding city hall tree planting.

Motion to receive and file correspondence regarding transfer of McLeodUSA cable television franchise and renewal of franchise ordinance to JB and SG Communications, LLC.  (Shuttleworth & Ingersoll request).

Motion authorizing sale by closed bid of Police Department computer and server.

Motion to receive and file requests for FY 07-08 Hotel-Motel Tax funding:  Marion Art Festival, Cultural and Entertainment District Committee, MEDCO, Chamber of Commerce – Tourism, Red Cedar Chamber Music, Granger House, Heritage Center, Marion Boys Baseball Board; Marion Merchants Association; Historic Preservation Commission and Historic Preservation Commission.

Motion to receive and file Departmental Monthly Reports for October, 2006.

Motion to receive and file request from Red Cedar Chamber Music requesting City of Marion participate in their Community Partner grant.

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

 

Ordinance No. 06-33 establishing the Grand Avenue Urban Revitalization Area was read by Cram for second consideration.  Moved by Cram, seconded by Pazour to approve the second reading of Ord. No. 06-33.  All in favor, motion carried.

Resolution No. 19122 approving application of Hearthstone Gifts for property tax abatement for improvements to the property located at 710 10th Street located within the Central Business District Urban Revitalization District (Dan and Sandy Rosenberger request) was read by Wagner.  Moved by Wagner, seconded by Pazour to approve Res. No. 19122.  All in favor, motion carried.

Resolution No. 19123 approving Final Plat and Memorandum of Agreement for Marion Churches Second Addition Final Plat, located east of Highway 13, south of Robinwood Lane (Marion Churches Senior Living Foundation) was read by Rehn.  Moved by Rehn, seconded by Lammers to approve Res. No. 19123.  All in favor, motion carried.

Mayor Nieland opened the public hearing related to the 2006 Sanitary Sewer Slip Lining Project.  City Engineer Dan Whitlow presented the staff report.  No other comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Resolution No. 19124 accepting bids and awarding contract to Visu-Sewer Clean and Seal, Inc. for the 2006 Sanitary Sewer Slip Lining Project in the amount of $271,193.00 was read by Lammers.  Moved by Lammers, seconded by Pazour to approve Res. No. 19124.  All in favor, motion carried.

Moved by Pazour, seconded by Rehn to authorize the Public Services Director to solicit quote regarding repair of lights in North 11th Street mall area.  All in favor, motion carried.

Ordinance No. 06-30 relating to adoption by reference of the International Building Code, 2006 Edition and the International Residential Code, 2006 Edition and providing penalties was read by Adamson for final consideration.  Moved by Adamson, seconded by Pazour to approve the third reading of Ord. No. 06-30.  All in favor, motion carried.

Ordinance No. 06-31 relating to adoption by reference of the International Plumbing Code, 2006 Edition and providing penalties, was read by Cram for final consideration.  Moved by Cram, seconded by Pazour to approve the third reading of Ord. No. 06-31.  All in favor, motion carried.

Ordinance No. 06-32 relating to adoption by reference of the International Mechanical Code, 2006 Edition and the Uniform Mechanical Code, 2006 Edition and providing penalties, was read by Wagner for final consideration.  Moved by Wagner, seconded by Rehn to approve the third reading of Ord. No. 06-32.  All in favor, motion carried.

Resolution No. 19125 approving a new application for a Class LC Liquor License with additional privilege for Sunday Sales and an Outdoor Permit for SpyBar on Tenth, Inc. dba SpyBar on Tenth, 740 Tenth Street, was read by Rehn.  Moved by Rehn, seconded by Lammers to approve Res. No. 19125.  All in favor, motion carried.

Moved by Lammers, seconded by Pazour to approve the Project Calendar regarding 2005 City Hall Project, as follows:
a.     Resolution No. 19126 setting a public hearing on a loan agreement in a principal amount of $285,577 for December 7, 2006 for the geo-thermal system at City Hall.
b.     Resolution No. 19127 approving Partial Payment related to IT equipment, services and relocation related to the 2005 City Hall Project to Erb’s Business Machines in the amount of $117,117.72. 
c.     Resolution No. 19128 approving Partial Payment to Pratt Audio-Visual for Council Chambers audio-visual equipment in the amount of $102,150.00 ($99,191.00 - equipment and $2,959.00 – lectern)
d.      Resolution No. 19129 approving purchase of three chairs from Pioneer Workspace Solutions related to the 2005 City Hall Project in the amount of $445.50.
e.     Resolution No. 19130 approving purchase of miscellaneous office items and lettering for building address related to the 2005 City Hall Project from Pioneer Workspace Solutions in the amount of $69.12.
All in favor of motion to approve the Project Calendar, motion carried.

 

Moved by Pazour, seconded by Rehn to authorize purchase of network switch expansion related to the 2005 City Hall Project from Erb’s Business Machines in the amount of $4,278.00.  All in favor, motion carried.

Resolution No. 19131 of intent to provide interim funding for the Science Station was read by Adamson.  Moved by Adamson, seconded by Lammers to approve Res. No. 19131.  Dan Thies, 388 East Post Road, Cedar Rapids, President of the Science Station, stated that he will share the business plan for the Science Station with the City Council.  He noted that the plan should be completed in December.  Acting City Manager Harry Daugherty noted that the funds will have to come out of cash reserves.  City Attorney Don Hoskins reviewed the draft resolution.  He noted that the payment of $10,000 from the City to the Science Station would be contingent upon the Science Station securing similar commitments for an additional $20,000 from other area governments, businesses or individuals, providing a sound business plan, and having financial safeguards in place to assure its financial future.  Mr. Hoskins stated that the final draft of the resolution will indicate that payment is also contingent upon final council approval.  Roll Call:  Yeas:  Cram, Nieland, Adamson, and Pazour.  Nays:  Wagner, Rehn, and Lammers.  Motion carried.

Moved by Cram, seconded by Wagner to receive and file request from MEDCO regarding funding for additional full-time Executive Director.  All in favor, motion carried.

Moved by Wagner, seconded by Pazour to receive and file letter of resignation from Amy Olson from the Planning and Zoning Commission.  All in favor, motion carried.

Moved by Rehn, seconded by Pazour to approve Hold Harmless Agreement related to Christmas in the Park (Chamber of Commerce).  All in favor, motion carried.

There were no Mayoral appointments. 

Council Discussion:
          Council Member Lammers stated that several residents have contacted her with concerns about the Munier Road/Highway 100 intersection. 
          Council Member Lammers encouraged citizens to volunteer for committees.
          Council Member Pazour noted that organizations request funding from the City because of the City’s excellent financial condition.
          Mayor Nieland noted that citizen input will be solicited regarding the development of the former railroad right-of-way.
          Acting City Manager Harry Daugherty suggested that Council goal setting be held Monday, March 5, 2007 and Thursday, March 8, 2007 from 3:00 p.m. to 7:00 p.m.

 

Mayor Nieland adjourned the meeting at 8:05 p.m.

 

____________________________
John B. Nieland, Mayor

 

Attest:

 

____________________________
Beth J. Little, Assistant City Clerk