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Council Minutes - December 21, 2006

Submitted by City Administration on Fri, 12/22/2006 - 3:11pm. City Council

December 21, 2006

 

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, December 21, 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.

 

Jeff Schott presented a report regarding the FY 07-08 budget.   He reviewed Council’s budget goals and budget requests.  He noted that cuts will need to be made.  The Council budget workshop is scheduled for Saturday, February 10th at 10:00 a.m. 

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

 

 

Resolution No. 19158 setting public hearing for January 11, 2007 regarding a request to rezone property located south of Boyson Road, west of Geode Street from A-1, Rural Restricted to R-3, Two-Family Residential (Robert Burger, Burger Homes and Development, Inc.).

Motion to receive and file and refer to the Planning and Zoning Commission, as follows:
   a.      Linn Mar III Addition Preliminary Plat, located south of Randolph Road, east of Alburnett Road.
   b.       Linn Mar III Addition Final Plat, located south of Randolph Road, east of Alburnett Road.

Motion to approve Project Calendar regarding engineering payments, as follows:
    a.     Resolution No. 19159 approving Partial Payment No. 3 to Snyder and Associates for engineering services regarding the 2006 GPS Structure Location Survey in the amount of $51,600.00.
   b.     Resolution No. 19160 approving Partial Payment No. 1 to Brain Engineering for surveying/plat services regarding the railroad property in the amount of $7,156.75.
   c.     Resolution No. 19161 approving Partial Payment No. 1 to Iowa State University (CTRE) for Pavement Management Services in the amount of $9,000.00.
   d.     Resolution No. 19162 approving Partial Payment No. 1 to Eggleston Concrete Contractors, Inc. for the 2006 Sidewalk Repair Project in the amount of $17,728.31.
   e.     Resolution No. 19163 approving Partial Payment No. 3 to Shive-Hattery, Inc. for Engineering Services regarding the 29th Avenue Extension Project in the amount of $32,842.57.

Motion to receive and file correspondence regarding a Portland Cement Concrete Project located on Highway 13 from Highway 151 north to Highway 20 (Iowa Department of Transportation).

Resolution No. 19164 approving 28E Agreement Extension with the City of Cedar Rapids related to Winter Snow and Ice Control.

Resolution No. 19165 approving 28E Agreement Extension with Linn County related to Winter Snow and Ice Control.

Motion to approve the minutes of the December 5 and 7, 2006 City Council meetings.

Motion to approve bills as presented in the amount of $845,619.43.

Resolution No. 19166 approving a renewal application for a Class E Liquor License with additional privilege for Sunday Sales, Carryout Beer and Carryout Wine for HY-VEE, Inc. dba HY-VEE FOOD & DRUGSTORE.

Resolution No. 19167 approving Sunday Sales permit for Wailer, Inc. dba Bill’s Drinking Establishments.

Resolution No. 19168 accepting the waiver of hearing and the consent to penalty/settlement agreement with Murphy USA #H2123 regarding tobacco sales regulations.

Resolution No. 19169 approving Three-Year Lease Agreement with Sejkora Farms regarding Lowe Park property.

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

Resolution No. 19170 approving renewal of agreement for printing/ distribution of Marion Messenger with Marion Times for FY 07-08 in the amount of $12,330 for a twelve page edition and $11,850 for an eight-page edition.

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

 

 

Mayor Nieland opened the public hearing regarding request to rezone property located north of Lance Drive between 48th Street and 50th Street from R-2 Medium Density, Single Family Residential to R-3, Two-Family Residential (Lance and Karen Dunn request).  Planning and Development Director Tom Treharne presented the staff report.  Ghassan Halloush, engineer with ALLTRANS, Inc, representing the petitioner, reviewed the rezoning request.  Rick Niemier, 1845 48th Street Court, Forrest Meyer, 2056 49th Street, Brent Wegmann, 2053 49th Street, and Debra Dietz, 2013 49th Street, spoke opposing the rezoning.  Mr. Niemier noted that five additional signatures have been added to the petition since previously submitted.  He submitted the revised petition.  Moved by Rehn, seconded by Wagner to receive and file correspondence from Brent Wegmann, 2053 49th Street, William and Marilyn Flattery, 1895 48th Street Court, Joyce Dietzgen, 1912 50th Street, and petition regarding the request to rezone property located north of Lance Drive between 48th Street and 50th Street from R-2 Medium Density, Single Family Residential to R-3, Two-Family Residential (Lance and Karen Dunn request).  All in favor of motion to receive and file, motion carried.  Council Member Lammers stated that she is not in favor of the rezoning.  Council Member Pazour stated that she is also opposed to the rezoning.  Council Member Adamson asked staff questions in regard to the parking, landscape, and the zoning on Vasey Avenue.  Council Member Wagner stated that the proposed zoning is not a good match for the area.  No other comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed. 

Ordinance No. 06-34 amending the Code of Ordinances regarding a request to rezone property located north of Lance Drive between 48th Street and 50th Street from R-2 Medium Density, Single Family Residential to R-3, Two-Family Residential (Lance and Karen Dunn request) was read by Lammers for initial consideration.  Moved by Lammers, seconded by Pazour to approve the first reading of Ord. No. 06-34.  Roll Call:  Yeas:  None.  Nays:  Cram, Wagner, Rehn, Nieland, Lammers, Pazour, and Adamson.  Motion failed.

Mayor Nieland opened the public hearing regarding the request to amend Ordinance No. 99-32 to increase amount of allowable commercial use at the northeast corner of 35th Street and Munier Road (Gary Holub request).  Planning and Development Director Tom Treharne presented the staff report.  Dan Schmidt, engineer with Brain Engineering, representing the petitioner, reviewed the request.  Andy Colson, 320 Antler Court, asked about the landscape buffer, gravel access, and hours of operation at the storage units.  Gary Holub indicated that he plans to close no later than 10:00 p.m.  Moved by Pazour, seconded by Lammers to receive and file correspondence from Janet Smith, 3730 B Deer Valley Drive, opposing the amendment to Ordinance No. 99-32 to increase amount of allowable commercial use at the northeast corner of 35th Street and Munier Road.  All in favor of motion to receive and file, motion carried.  No other comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Ordinance No. 06-35 amending conditions related to Ordinance No. 99-32 to increase amount of allowable commercial use at the northeast corner of 35th Street and Munier Road (Gary Holub request) was read by Adamson for initial consideration.  Moved by Adamson, seconded by Pazour to approve the first reading of Ord. No. 06-35.  All in favor, motion carried.

Resolution No. 19171 approving the Memorandum of Agreement and Final Plat of Bloomington Road First Addition to Linn County, Iowa, located south of Martin Creek, west of Hindman Road in Linn County (Robert Magill and Christine Magill) was read by Cram.  Moved by Cram, seconded by Rehn to approve Res. No. 19174.  All in favor, motion carried.

Resolution No. 19172 authorizing stop signs at the following locations: south bound on Newcastle Road at East Robins Road, west bound on English Glen Avenue at 35th Street and west bound on Quail Trail at 35th Street was read by Wagner.  Moved by Wagner, seconded by Pazour to approve Res. No. 19172.  All in favor, motion carried.

Moved by Rehn, seconded by Lammers to receive and file correspondence regarding stop lights at 10th Street between 7th and 8th Avenues (Kenny and Mary Burbach, 2161 Agate Street).  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. 19173 approving Partial Payment No. 2 related to furnishings for the 2005 City Hall Project to Pioneer Workspace Solutions in the amount of $75,230.42.
   b.     Resolution No. 19174 approving Partial Payment No. 2 related to design services for interior signage for the 2005 City Hall Project to Pioneer Workspace Solutions in the amount of $48.75.
All in favor of motion to approve the Project Calendar, motion carried.

Resolution No. 19175 approving the Transfer of McLeodUSA Telecommunications Services, Inc. D/B/A McLeodUSA ATS Cable Television Franchise to JB and SG Communications, LLC an Iowa Limited Liability Company was read by Pazour.  Moved by Pazour, seconded by Wagner to approve Res. No. 19175.  All in favor, motion carried.

Mayor Nieland recommended the following reappointments:                       

                                                   Term Expires

ARTS COUNCIL: 
      Frances Renfer, Kathleen Huebener, Marci Wright                                                            01-01-10

CONSTRUCTION CODE REVIEW BOARD:
      Larry Nesset, Jim McDonald, Tom Mooney                                                                                                  01-01-11

HOUSING CODE BOARD OF APPEALS:  
       Grant Hagen, Marvin Spragg     12-31-09

NUISANCE ENFORCEMENT PROPERTY MAINTENANCE ADVISORY BOARD:
        Frank Sherman, Tom Begley   01-01-10

7th AVENUE EAST URBAN REVITALIZATION:  
        Tim Mooney, Dave Martin        12-31-09

PLANNING AND ZONING COMMISSION:
        Nicolas Abou-Assaly                 12-31-11

Moved by Rehn, seconded by Lammers to concur with the Mayor’s recommendations.  All in favor, motion carried.

Council Discussion:
          Council Member Pazour stated that she is opposed to Marion participating in the joint communications center.  Police Chief Harry Daugherty stated that he is also opposed and has expressed his opposition to Linn County Supervisor Lu Barron.
          Council Member Wagner noted that Alliant Energy is replacing utility lines in Marion.  He expressed concern that the new lines are not being buried underground.  Mayor Nieland asked staff to review and report back to the Council. 
          Council Member Adamson stated that his family ate at Culver’s last week.  Santa visited that children while they were there.  He thanked Culver’s for locating in Marion and providing entertainment for the children.
          Council Member Adamson noted that the College Planning Center has opened a local office at 1100 Blairs Ferry Road NE, Suite 104, Cedar Rapids.  

Moved by Rehn, seconded by Cram to adjourn to Executive Session regarding potential 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.  City Attorney Don Hoskins asked that former City Manager Jeff Schott be allowed to attend the executive session.  Roll Call:  Yeas:  Wagner, Rehn, Nieland, Lammers, Pazour, Adamson, and Cram.  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 9:41 p.m.

____________________________
John B. Nieland, Mayor

 

Attest:

____________________________
Beth J. Little, Assistant City Clerk

 

 

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