December 1, 2005

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, December 1, 2005, 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.

Tom Shaheen, owner of Kats Lounge at 740 10^th Street, stated that there is no parking on 10^th Street from 2:00 a.m. to 6:00 a.m.  He stated that his business closes at 2:00 a.m.  His employees are receiving parking tickets because they aren’t able to leave at 2:00 a.m.  Mayor Nieland referred the parking issue to staff for review. 

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

Motion to approve Project Calendar regarding Engineering Department payments, as follows:
a.           Resolution No. 18509 approving Partial Payment No. 2 to Anderson-Bogert Engineers, Inc. for engineering services regarding the Boyson Road/Alburnett Road Intersection Improvement Project in the amount of $279.65.
b.           Resolution No. 18510 approving Partial Payment No. 12 to Anderson Bogert Engineers, Inc. for engineering services regarding the Dry Creek Regional Basin Project in the amount of $770.50.

Resolution No. 18511 approving the installation of stop sign southbound on Autumn Drive at 29^th Avenue.

Motion authorizing Public Services Director to solicit proposals for sale of 1996 Ford L7000, two and one-half ton dump truck with plow and sander.

Resolution No. 18512 approving agreement for winter snow and ice control with Linn County Board of Supervisors.

Motion to approve the minutes of the November 15, 17 and 21, 2005 City Council meetings.

Motion to approve bills as presented in the amount of $568,044.74.

Resolution No. 18513 approving renewal application for a Class C Liquor permit with additional privileges for Sunday Sales and catering for Carlos O’Kelly’s of Marion, Inc. dba Carlos O’Kelly’s Mexican Café.

Motion to approve Project Calendar regarding the 2005 City Hall Construction Project, as follows:
a.     Resolution No. 18514 approving Change Order No. 2 to Kleiman Construction, Inc. related to the 2005 City Hall Construction Project for interior drain tile in the amount of $6,668.00.
b.     Resolution No. 18515 approving Partial Payment No. 2 to Howard R. Green Company for construction services related to the 2005 City Hall Construction Project in the amount of $3,000.00.

Motion to receive and file requests for FY 06-07 Hotel-Motel funding, as follows:  Greater Cedar Rapids Open, MEDCO, Marion Chamber of Commerce (Tourism), Marion Historic Preservation Commission, Marion Merchants Association, Marion Arts Festival, Marion Heritage Center, Granger House, Marion Boys Baseball League and Marion Independent School District.

Motion to receive and file correspondence regarding landfills (Joseph F. Nemec, 1850 Country Club Drive).

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

Mayor Nieland opened the public hearing regarding sex offenders residency requirements.  Sam Dillon, 2795 23^rd Avenue, spoke opposing increased residency restrictions.  John Clark-Hansen, 625 South 22^nd Street, spoke opposing increased residency restrictions.  Kristi Hicks, 3050 5^th Street, spoke in favor of the proposed ordinance.  Karen Clark-Hansen, 625 South 22^nd Street, spoke opposing increased residency restrictions.  Mark Martinez, 987 14^th Street, spoke in favor of the proposed ordinance.  Kim Dooley, 360 Hillview Drive, spoke in favor of the proposed ordinance.  Mark Smith, 1275 Elm Street, stated that he was not for or against the proposed ordinance.  He suggested Council consider better ways to protect the community such as using electronic monitoring devices.  No other comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Ordinance No. 05-40 amending the Code of Ordinances by adding a chapter related to residency restrictions for sex offenders was read by Wagner for initial consideration.  Moved by Wagner, seconded by Cram to approve the first reading of Ord. No. 05-40.  Comments were heard from Council Member Pazour and Police Chief Harry Daugherty.  Moved by Rehn, seconded by Wagner to receive and file email from Byron Allmandinger, 2940 McGowan Boulevard, regarding the proposed ordinance.  All in favor, motion carried.  Moved by Rehn, seconded by Wagner to receive and file email from Jesse Green regarding the proposed ordinance.  All in favor, motion carried.  Comments were heard from Council Member Lammers, City Attorney Don Hoskins, Council Member Cram, Council Member Rehn, and Mayor Nieland.  Roll Call:  Yeas:  Cram, Wagner, Rehn, Nieland, Lammers, Pazour, and Adamson.  Nays:  None.  Motion carried.

Moved by Pazour to suspend the rules and place Ord. No. 05-40 on the agenda for adoption and to adopt Ord. No. 05-40.  Motion died for lack of a second.

Mayor Nieland declared a recess at 7:36 p.m.

Mayor Nieland reconvened the meeting at 7:40 p.m.

Mayor Nieland opened the public hearing 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).  No comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Resolution No. 18516 approving 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) was read by Rehn.  Moved by Rehn, seconded by Pazour to approve Res. No. 18516.  All in favor, motion carried.

Mayor Nieland opened the public hearing regarding an amendment to the Future Land Use Map from Urban Residential to Commercial and Preliminary Site Development Plan for R.E.C. Second Addition, located west of Highway 13, between 29^th Avenue and REC Drive (Linn County REC).  Planning and Development Director Tom Treharne presented the staff report.  Al Bohling, landscape architect with Shive-Hattery Engineering, reviewed the project.  Kim Colberg, 2770 Hunters Ridge Road, stated that he is employed by Linn County REC.  He stated that the REC wanted to help with economic development in Marion.  Dygert-Peck Company will be relocating their business to the site.  No other comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Moved by Lammers, seconded by Pazour to approve the Project Calendar related to Linn County REC Second Addition, as follows:
a.    Resolution No. 18517 approving amendment to the Future Land Use Map from Urban Residential to Commercial, located west of Highway 13, between 29^th Avenue and REC Drive (Linn County REC).
b.    Resolution No. 18518 approving R.E.C. Second Addition Preliminary Site Development Plan and Preliminary Plat, located west of Highway 13, between 29^th Avenue and REC Drive (Linn County REC).

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

Ordinance No. 05-39 changing the name of 35^th Avenue to Tower Terrace Road was read by Pazour for second consideration.  Moved by Pazour, seconded by Rehn to approve the second reading of Ord. No. 05-39.  All in favor, motion carried.

Moved by Pazour, seconded by Lammers to suspend the rules and place Ord. No. 05-39 on the agenda for adoption and to adopt Ord. No. 05-39.  All in favor, motion carried.

Resolution No. 18519 approving Briargate Addition Preliminary Plat to the City of Marion, located between 29^th Avenue and 35^th Avenue, east and west of 44^th Street (Hanzac L.L.P.) was read by Adamson.  Moved by Adamson, seconded by Rehn to approve Res. No. 18519.  Moved by Pazour, seconded by Rehn to amend the motion to change the name of 35^th Avenue to Tower Terrace Road.  All in favor of amendment, motion carried.  Planning and Development Director Tom Treharne presented the staff report.  Julia Wittnebel, 2199 25^th Avenue, stated that her parents, Ed and Harriet Morris, own the farm to the east.  She stated that her parents are unable to attend the meeting tonight.  She requested that Council table action.  She presented the concerns of her parents regarding the development.  Dennis Keitel, Hall and Hall Engineers, reviewed the plat.  Roll Call on motion as amended:  Yeas:  Rehn, Nieland, Lammers, Pazour, and Cram.  Nays:  Wagner and Adamson.  Motion carried.

Mayor Nieland opened the public hearing on the proposed assessment of delinquent fees.  Mike Steffeck, 1734 Tower View Road, spoke regarding the assessment to the property at 967 5^th Avenue.  He requested that the assessment be reduced from $299.43 to $100.  Fire Chief Terry Jackson and City Manager Jeff Schott presented the staff report.  City Manager Jeff Schott noted that the City Attorney is reviewing the proposed assessments to Butschi Development Company and Raymond Larson. 

No other comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Resolution No. 18520 adopting final assessment schedule and levying the assessments for delinquent fees was read by Cram.  Moved by Cram, seconded by Lammers to approve Res. No. 18520.  Moved by Wagner, seconded by Lammers to amend the assessment schedule to authorize the City Attorney do delete the assessments to Butschi Development Company and Raymond Larson if found to be inconsistent with State law.  All in favor, motion carried.  Moved by Pazour, seconded by Cram to amend the assessment schedule to reduce the assessment to Mike Steffeck from $299.43 to $150.00.  Yeas:  Cram and Pazour.  Nays:  Wagner, Rehn, Nieland, Lammers, and Adamson.  Motion failed.  All in favor of motion as amended, motion carried.

Ordinance No. 05-41 amend the Code of Ordinances by amending the chapter related to pawnbrokers was read by Rehn for initial consideration.  Moved by Rehn, seconded by Wagner to approve the first reading of Ord. No. 05-41.  All in favor, motion carried.

City Manager Jeff Schott reviewed the cost to have the architect change the design for the Council Chambers at the new City Hall building to add a raised platform.  He stated that the architect is estimating the design cost to be $4,500 plus expenses.  Mr. Schott stated that he could administratively approve the change if Council would like the design changed.  All Council Members except Wagner expressed an interest in changing the design.

Mayor Nieland recommended the following appointments:
Planning and Zoning Commission:
        Matt Krigbaum                    Term expires 12/31/06
Zoning Board of Adjustment:
        Scott Sylvester                    Term expires 12/31/08
Housing Code Board of Appeals:
        Judy Slaven                        Term expires 01/01/08

Mayor Nieland recommended the following reappointments:

Arts Council:
         Noma Lucas                      Term expires 01/01/09
Construction Code Review Board:
         Dave Martin                      Term expires 01/01/10
         JR Blok                             Term expires 01/01/10
         Jim Angerer                      Term expires 01/01/10
Historic Preservation Board:
         Judy Hall                           Term expires 01/01/09
Nuisance Advisory Board:
         Mary Klingler                     Term expires 01/01/09
Planning and Zoning Commission:
         Cindy Preussner                Term expires 12/31/10
         Tim Mooney                      Term expires 12/31/10
Public Services Board:
          Bill Jones                          Term Expires 12/31/07
          David Kroeger                   Term Expires 12/31/07
Regional Planning Commission:
          Boyd Potter                       Term Expires 12/31/08
          Jay Kacena (Alternate)      Term Expires 12/31/08
7^th Avenue Urban Revitalization Board:
          John Botkin                       Term Expires 12/31/08
Moved by Rehn, seconded by Pazour to concur with the Mayor’s recommendations.  All in favor, motion carried.

Council Discussion Time:
          City Manager Jeff Schott noted that Council approved the agreement for winter snow and ice control with Linn County tonight.  He stated that the agreement with the City of Cedar Rapids should also have been on the agenda tonight.  He noted that State law does allow for action on an item not on the printed agenda if it is emergency in nature.  He noted that the agreement needs to be approved to coordinate snow plowing between the jurisdictions.  He explained that there are no changes from last year’s agreement.  Moved by Wagner, seconded by Rehn to approve the agreement for winter snow and ice control with the City of Cedar Rapids.  All in favor, motion carried.

Moved by Pazour, seconded by Wagner to adjourn to Executive Session regarding litigation as permitted under Section 21.5(1)(c) of the Code of Iowa.  City Attorney Don Hoskins stated that he has reviewed the subject matter to be discussed and found it to be an appropriate topic for closed session.  Roll Call:  Yeas:  Rehn, Nieland, Lammers, Pazour, Adamson, Cram, and Wagner.  Nays:  None.  Motion carried.

Moved by Lammers, seconded by Rehn to reconvene to regular session.  All in favor, motion carried.

Mayor Nieland adjourned the meeting at 10:10 p.m.

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John B. Nieland, Mayor

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Beth J. Little, Assistant City Clerk