December 15, 2005

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, December 15, 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.

Ralph Briles, 2544 4^th Avenue, requested that a tree located in the right-of-way adjacent to his driveway be removed.  Public Services Director Tom Newbanks stated that the tree is a healthy tree.  He noted that it would probably cost between $1,000 and $1,200 to have the tree removed.  City Manager Jeff Schott noted that the City is responsible for street trees.  The City only budgets to remove dead or dying trees.  Council Member Rehn stated that he would like an opportunity to look at the tree. 

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

Motion to receive and file and refer to the Planning and Zoning Commission, as follows:
a.  The Coves at English Glen Preliminary Plat and Preliminary Development Plan (replat of northern portion of Park Gate Village Addition) located east of 35^th Street, north of 29^th Avenue (Joseph and Susan Geelan/Primus Construction, Inc.).
b.  Frank Stark First Addition to Linn County Final Plat located east of Alburnett Road, north of Randolph Road (Michael Stark, Mary Stark, James Stark, Eileen Ahn and Thomas Stark).

Motion to approve Project Calendar regarding Engineering payments, as follows:
a.  Resolution No. 18521 approving Partial Payment No. 13 to Anderson-Bogert Engineers, Inc. for engineering services regarding the Dry Creek Regional Basin Project in the amount of $520.00
b.  Resolution No. 18522 approving Partial Payment No. 1 to Anderson-Bogert Engineers, Inc. for engineering services regarding the 2004 9^th Street/14^th Avenue Storm Project-Phase III in the amount of $2,254.50.

Motion to approve Project Calendar regarding accepting the public improvements for the following subdivisions:
a.  Resolution No. 18523 accepting the public improvements for the Pheasant Trail Seventh Addition to the City of Marion.
b.  Resolution No. 18524 accepting the public improvements for the Meadow Glen Seventh Addition to the City of Marion.
c.  Resolution No. 18525 accepting the public improvements for the Bowman Ridge East Seventh Addition to the City of Marion.  d.  Resolution No. 18526 accepting the public improvements for the Hunters Ridge Golf Club 15^th Addition to the City of Marion.
e.  Resolution No. 18527 accepting the public improvements for the Winslow Heights First Addition to the City of Marion.
f.   Resolution No. 18528 accepting the public improvements for the Prairie Meadows First Addition to the City of Marion.
g.  Resolution No. 18529 accepting the public improvements for the Winslow Heights Second Addition to the City of Marion.
h.  Resolution No. 18530 accepting the public improvements for the Champion Estates First Addition to the City of Marion.
i.   Resolution No. 18531 accepting the public improvements for the Edgebrooke Fourth Addition to the City of Marion.
j.   Resolution No. 18532 accepting the public improvements for the Edgebrooke Estates First Addition to the City of Marion.
k.  Resolution No. 18533 accepting the public improvements for the Edgebrooke Estates Second Addition to the City of Marion.
l.   Resolution No. 18534 accepting the public improvements for Sellner’s Addition to the City of Marion.
m. Resolution No. 18535 accepting the public improvements for the Prairie Ridge Estates Third Addition to the City of Marion.

Motion to receive and file and refer to TAC request to prohibit parking on north side of Linn-Aire Drive from Iowa Department of Transportation entrance to the west (Steve Wilson, IDOT).

Resolution No. 18536 approving release of mortgage related to Hunters Ridge Golf Fifteenth Addition.

Resolution No. 18537 approving purchase of traffic paint from State of Iowa in the amount of $10,181.75.

Motion to approve the minutes of the November 29, 30 and December 1, 2005 City Council meetings.

Motion to approve bills as presented in the amount of $462,221.74.

Resolution No. 18538 approving renewal application for a Class E Liquor permit with additional privileges for Sunday Sales, carryout beer and carryout wine for Hy-Vee, Inc. dba Hy-Vee Food & Drugstore.

Motion to receive and file correspondence regarding sex offenders residency requirements (Lynn Silberstein).

Resolution No. 18539 approving Partial Payment No. 5 to Miron Construction Co., Inc. for Lowe Park Art and Environment Center in the amount of $306,557.91.

Motion to receive and file report regarding 2005 Marion tourism (Marion Chamber of Commerce).

Motion authorizing disposal of surplus equipment (computers).

Resolution No. 18540 awarding contract for structured cabling of new City Hall to Erb’s Business Machines in the amount of $24,941.

Resolution No. 18541 approving Partial Payment No. 2 to Terracon Consultants, Inc. related to the 2005 City Hall Construction Project in the amount of $1,064.50.

Motion to receive and file Robert Nelson resignation from the Nuisance Advisory Committee.

Motion to receive and file Departmental Monthly Reports for November 2006.

Moved by Rehn, seconded by Lammers to amend the motion to remove Res. No. 18527, accepting the public improvements for the Winslow Heights First Addition to the City of Marion, and Res. No. 18529, accepting the public improvements for the Winslow Heights Second Addition to the City of Marion, from the consent calendar for separate consideration.  All in favor of amendment, motion carried.  All in favor of motion to approve the consent calendar as amended, motion carried.

Moved by Rehn, seconded by Lammers to approve Resolution No. 18527, accepting the public improvements for the Winslow Heights First Addition to the City of Marion, and Resolution No. 18529, accepting the public improvements for the Winslow Heights Second Addition to the City of Marion.  Roll Call:  Cram, Wagner, Rehn, Lammers, Pazour, and Adamson.  Nays:  None.  Abstention due to conflict of interest:  Nieland.  Motion carried.

Moved by Wagner, seconded by Pazour to receive and file and refer to TAC request to relocate stop signs east and west bound on 6^th Avenue at 19^th Street (Tom Lammers, 2820 2^nd Avenue).  All in favor, motion carried.

Resolution No. 18542 establishing no parking on the west side of South 14^th Street between A and B Avenues, the south side of B Avenue between 12^th and 13^th Streets, the south side of C Avenue between 12^th and 13^th Streets, the south side of D Avenue between 12^th and 13^th Streets and the north side of E Avenue between 12^th and 13^th Streets was read by Rehn.  Moved by Rehn, seconded by Pazour to approve. Res. No. 18542.  City Engineer Dan Whitlow noted that a number of correspondence had been received.  Moved by Rehn, seconded by Pazour to receive and file the correspondence regarding parking restrictions.  All in favor, motion carried.  Larry Hansen, 1235 B Avenue, stated that he is opposed to removing parking on one side of B Avenue.  Moved by Rehn, seconded by Wagner to amend the motion to change the references to 13^th Street in the Resolution to South 14^th Street as follows:  Resolution No. 18542 establishing no parking on the west side of South 14^th Street between A and B Avenues, the south side of B Avenue between South 12^th and South 14^th Streets, the south side of C Avenue between South 12^th and South 14^th Streets, the south side of D Avenue between South 12^th and South 14^th Streets and the north side of E Avenue between South 12^th and South 14^th Streets.  All in favor of amendment, motion carried.  All in favor of motion as amended except Wagner, motion carried.

Resolution No. 18543 approving contract with Veenstra and Kimm Engineering for engineering services related to Squaw Creek Basin FEMA map updates in an amount not to exceed $38,000.00 was read by Lammers.  Moved by Lammers, seconded by Pazour to approve Res. No. 18543.  All in favor, motion carried.

Resolution No. 18544 approving modification of Public Services Department Table of Organization was read by Pazour.  Moved by Pazour, seconded by Lammers to approve Res. No. 18544.  All in favor, motion carried.

Ordinance No. 05-40 amending the Code of Ordinances by adding a chapter related to residency restrictions for sex offenders was read by Adamson for second consideration.  Moved by Adamson, seconded by Pazour to approve the second reading of Ord. No. 05-40.  All in favor, motion carried.

Moved by Pazour, seconded by Cram to suspend the rules and place Ord. No. 05-40 on the agenda for adoption and to adopt Ord. No. 05-40.  All in favor, motion carried.

Ordinance No. 05-41 amending the Code of Ordinances by amending the chapter related to pawnbrokers was read by Cram for second consideration.  Moved by Cram, seconded by Pazour to approve the second reading of Ord. No. 05-41.  All in favor, motion carried.

Moved by Pazour, seconded by Lammers to suspend the rules and place Ord. No. 05-41 on the agenda for adoption and to adopt Ord. No. 05-41.  All in favor, motion carried. 

Resolution No. 18545 approving purchase of four police squad cars from Junge Ford in the amount of $83,220.00 was read by Wagner.  Moved by Wagner, seconded by Rehn to approve Res. No. 18545.  All in favor, motion carried.

Moved by Rehn, seconded by Wagner to approve the Project Calendar regarding offer to purchase 150 foot wide transmission line easement in Willow Park as follows:
a.  Motion to receive and file offer to purchase 150 foot wide easement in Willow Park in the amount of $65,000 (Alliant Energy).
b.   Motion to authorize staff to prepare purchase agreement regarding 150 foot wide easement in Willow Park in the amount of $65,000.00 (Alliant Energy).
All in favor of motion to approve the Project Calendar, motion carried.

Moved by Lammers, seconded by Pazour to approve Hold Harmless Agreement permitting on-street parking on 10^th Street between 7^th and 8^th Avenues from 2:00 a.m. to 3:00 a.m. (KATS Lounge).  Roll Call:  Yeas:  None.  Nays:  Wagner, Rehn, Nieland, Lammers, Pazour, Adamson, and Cram.  Motion failed.

Resolution No. 18546 approving City Council Action Plan for the period January 1, 2006 to June 30, 2007 was read by Pazour.  Moved by Pazour, seconded by Lammers to approve Res. No. 18546.  All in favor, motion carried.

Mayor Nieland recommended the following reappointments to the 7^th Avenue East Urban Revitalization Committee: 
          Lorna Barnes                              Term expires 12/31/08
          Marv Brown                                Term expires 12/31/08
Mayor Nieland recommended the following appointment to the Nuisance Advisory Committee:
          Gina Ballestrasse-Ernster            Term expires 01/01/08.
Moved by Rehn, seconded by Pazour to concur with the Mayor’s recommendations.  All in favor, motion carried.

City Manager Jeff Schott stated that Jim Taylor has resigned his position on the Housing Code Board of Appeals.  Moved by Rehn, seconded by Pazour to receive and file Jim Taylor’s resignation.  All in favor, motion carried.

Council Discussion Time:
          Council Member Adamson stated that the Big Brothers/Big Sisters organization needs volunteers.  They are currently serving 690 children.  He stated that they are also in need of office supplies. 

Moved by Rehn, 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.  He noted that this item was not on the agenda because it just came up today and therefore could not be placed on the agenda 24 hours in advance.  Roll Call:  Yeas:  Rehn, Nieland, Lammers, Pazour, Adamson, Cram and Wagner.  Nays:  None.  Motion carried.

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

Mayor Nieland adjourned the meeting at 8:27 p.m.