December 20, 2007

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, December 20, 2007, 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 Moran from TTNT Siding and Window, 1200 Blairs Ferry Road, expressed concern about access to his property.  He noted that his business and the neighboring business, King's Kars, share a driveway.  He stated that cars from King's Kars partially block the driveway.  Mr. Moran noted that not only is it difficult for customers to get into the business, it would difficult for police or fire personnel to get into the business if there were an emergency.  Mayor Nieland asked the City Manager, City Attorney, and Police Chief to review the situation.

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

    a.      Resolution No. 19698 approving Partial Payment No. 2 to AEC Construction related to the Housing Rehabilitation Grant Program, Project No. 13 in the amount of $20,609.00.

    b.      Resolution No. 19699 approving Partial Payment No. 35 to East Central Iowa Council of Governments for Administration of the 2003 Housing Rehabilitation Grant Program in the amount of $588.00.

    c.      Resolution No. 19700 approving Partial Payment No. 36 to East Central Iowa Council of Governments for administration of the 2003 Housing Rehabilitation Grant Program in the amount of $2,058.00.

Resolution No. 19701 requesting an amendment to contract with Iowa Department of Economic Development for Owner-Occupied Housing Rehabilitation Program and the extension of the contract from December 31, 2007 to April 1, 2008.

Resolution No. 19702 approving a contract with Shive Hattery, Inc. related to a Sub Area Plan for property located north of 29^th Avenue between Indian Creek Road and Highway 13, in an amount not to exceed $62,000.00.

Resolution No. 19703 approving contract with Howard R. Green related to implementation of the 2008 Brownfield Clean-up Grant in an amount not to exceed $192,000.00.

Motion to approve Project Calendar regarding Engineering Department payments, as follows:

      a.    Resolution No. 19704 approving Partial Payment No. 15 to Shive Hattery, Inc. for engineering services regarding the 29^th Avenue Extension Project in the amount of $31,493.39.

      b.    Resolution No. 19705 approving payment to Houston and Rachel Campbell per Resolution No. 14027, dated November 18, 1999, regarding Brookside Sewer Hookup Fee, in the amount of $23,448.22.

      c.     Resolution No. 19706 approving payment to Mary Ames per Resolution No. 14027, dated November 18, 1999, regarding the Brookside Sewer Hook-Up Fee, in the amount of $15,034.75.

Motion to receive and file report on 2007 Street Work Program.

Motion to approve the minutes of the December 4 and 6, 2007 City Council meetings.

Motion to approve bills as presented in the amount of $341,044.30.  

Resolution No. 19707 approving renewal application for a Class E Liquor permit with additional privilege for Carry Out Beer, Carry Out Wine and Sunday Sales for HY-VEE, INC. dba Hy-Vee Food & Drugstore.

Resolution No. 19708 approving payment in the amount of $10,740.66 to the Linn County Treasurer for the regular election held on November 6, 2007.

Resolution No. 19709 approving payments to Public Financial Management in the amounts of $10,584.92 for the GO Refunding Bonds, Series 2007A and $16,732.41 for the GO Bonds, Series 2007B.

Motion to receive and file Parks Department Fall and Winter Work Projects for FY 07-08.

Resolution No. 19710 approving Parks Department Fee Schedule effective January 1, 2008.

Motion to receive and file monthly reports for November, 2007.

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

Ordinance No. 07-31 an ordinance providing that general property taxes levied and collected each year on all property located within the amended Winslow Road Urban Renewal Area project area, in the City of Marion, County of Linn, State of Iowa, Linn-Mar Community Schools, and other taxing districts, to be paid to a special fund for payment principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said urban renewal redevelopment project was read by Pazour for second consideration.  Moved by Pazour, seconded by Lammers to approve the second reading of Ord. No. 07-31.  All in favor, motion carried.

Moved by Pazour, seconded by Lammers to suspend the rules and place Ord. No. 07-31 on the agenda for adoption and to adopt Ord. No. 07-31.  All in favor, motion carried.

Mayor Nieland opened the public hearing regarding the sale of a portion of the east/west alley bounded by 8^th and 9^th Avenues and 8^th and 9^th Streets adjacent to 888 8^th Avenue (Steven and Courtney Takes, Antiques Avenue).  No comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Resolution No. 19711 approving sale of a portion of the east/west alley bounded by 8^th and 9^th Avenues and 8^th and 9^th Streets adjacent to 888 8^th Avenue in the amount of $494.31 (Steven and Courtney Takes, Antiques Avenue) was read by Adamson.  Moved by Adamson, seconded by Lammers to approve Res. No. 19711.  All in favor, motion carried.

Mayor Nieland opened the public hearing regarding 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).  Planning and Development Director Tom Treharne presented the staff report.  Scott Peterson, 425 2nd Street SE, Suite 1000, Cedar Rapids, stated that he is the attorney for Ms. Holub and was available to answer questions.  No other comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Ordinance No. 07-32 amending the Marion Code of Ordinances regarding 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) was read by Cram for initial consideration.  Moved by Cram, seconded by Pazour to approve the first reading of Ord. No. 07-32.  Council Member Lammers asked if a drinking establishment is allowed in the C-2 zoning.  Planning and Development Director Tom Treharne stated that bars are allowed.  Ms. Holub stated that she does not object to eliminating drinking establishments from the list of permitted uses.  Moved by Lammers, seconded by Pazour to amend Ord. No. 07-32 to eliminate drinking establishments from the list of permitted uses on the property.  All in favor of amendment, motion carried.  All in favor of Ord. No. 07-32 as amended except Adamson, motion carried.

Mayor Nieland opened the public hearing regarding an amendment to Chapter 176 of the Marion Code of Ordinances regulating placement and operation of wind energy conversion systems.  No comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Ordinance No. 07-33 amending Chapter 176 of the Marion Code of Ordinances regulating placement and operation of wind energy conversion systems was read by Wagner for initial consideration.  Moved by Wagner, seconded by Pazour to approve the first reading of Ord. No. 07-33.  Planning and Development Director Tom Treharne presented the staff report.  All in favor, motion carried.

Mayor Nieland opened the public hearing regarding the REC Drive Assessment Project.  No comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Ordinance No. 07-34 amending Chapter 120 of the Code of Ordinances and prohibiting boxing, wrestling, martial arts fighting or similar contests in establishments holding liquor licenses and/or wine or beer and providing penalties was read by Rehn for initial consideration.  Moved by Rehn, seconded by Pazour to approve the first reading of Ord. No. 07-34.  City Attorney Don Hoskins presented the staff report.  All in favor, motion carried.

Moved by Lammers, seconded by Pazour to authorize submitting Letter of Interest to designate Marion as a Ragbrai Host Community.  All in favor, motion carried.

Mayor Nieland recommended the following appointments to the Priorities Advisory Committee:
                            Dan Olmstead (MEDOC)
                            Sally Reck (Library Board)
                            Terry Speral (Park Board)
                            Nick Glew (City Council)
Moved by Rehn, seconded by Lammers to concur with the Mayor’s recommendations.  All in favor, motion carried.

Council Discussion:
            Council Member Pazour thanked Mayor Nieland, Council Member Wagner, and Council Member Cram for their service to the City.  Council Member Rehn thanked the Mayor for appointing him Mayor pro tem.  He also thanked Council Member Wagner and Council Member Cram for their service to the City.  He noted that he is looking forward to working with Nick Glew and Steve Sprague.  Council Member Adamson thanked Mayor Nieland, Council Member Wagner, and Council Member Cram for their service to the City.  Council Member Cram noted that his years on Council have been enjoyable.  He noted that the town and people of Marion are nice.  Council Member Wagner thanked the Council for their kind words and their help.  He noted that he learned something from everyone.  Mayor Nieland noted that the past ten years have been a great experience. 

Mayor Nieland adjourned the meeting at 7:41 p.m.

____________________________
John B. Nieland, Mayor

Attest:

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Beth J. Little, Assistant City Clerk