Thursday, May 1, 2008 - 7:00 p.m. Council Chambers – 1225 6th Avenue This meeting is being tape recorded. If you wish to address the City Council, please go to the lectern, wait to be recognized by the Mayor and state your name and address before making any comments. Proclamation for National Arson Awareness Week. Citizen’s presentations, comments and/or petitions. Motion to approve Consent Calendar, as follows: a. Resolution No. 19858 approving Partial Payment 2 to East Central Iowa Council of Governments for completion of an updated 2008 Housing Needs Assessment in the amount of $735.00. b. Resolution No. 19859 approving Partial Payment No. 40 to East Central Iowa Council of Governments for Administration of the 2003 Housing Rehabilitation Grant Program in the amount of $1,764.00. 2. Motion to receive and file request to temporarily install sign in city right-of-way on Alburnett Road through September 2008. (Lininger Park Make-Over Committee) 3. Resolution No. 19860 approving Partial Payment No. 1 to Rathje Construction Co. regarding the 2008 Brookside Drive Sanitary Sewer Project in the amount of $6,136.76. 4. Resolution No. 19861 approving contract and bond with Eastern Iowa Excavating & Concrete, LLC regarding the 2008 Sanitary Sewer Repair Project. 5. Resolution No. 19773 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost regarding the 2008 Sidewalk Assessment Project. 6. Motion to receive and file report regarding existing street conditions and proposed emergency repairs. 7. Motion to receive and file correspondence regarding condition of Winslow Road. (John and Claudia Schroeder, 4395 Flagstick Drive) 8. Motion to receive and file and refer to TAC request to revise parking to 15-minute parking adjacent to 710 10th Street. (Deb and Jim Hoffmann) 9. Motion to approve the minutes of the April 15 and 17, 2008 City Council meetings. 10. Motion to approve bills as presented in the amount of $375,370.39. 11. Resolution No. 19862 naming depositories. 12. Motion to receive and file request for waiver of special weed assessment for 1356 13th Avenue. (John McNamara) 13. Resolution No. 19863 approving renewal of health insurance for FY 08-09 with Wellmark, Inc. 14. Motion to receive and file Departmental Performance Criteria for FY 08-09. 15. Motion to approve non-bargaining pay schedule for FY 08-09. A. PLANNING 1. Resolution No. 19864 approving Final Plat and Memorandum of Agreement for Edgebrooke Seventh Addition, located on Pebble Creek Drive, northeasterly of Stone Creek Court (A replat of Lots 155-160 of Edgebrooke Sixth Addition). (Midwest Development Co.) B. ENGINEERING 1. Resolution No. 19865 approving reallocation of funds for emergency street repairs in an amount not to exceed $117,000. 1. Ordinance No. 08-07 amending Chapter 105 of the Municipal Code of Ordinances relating to Solid Waste Fees. Initial consideration. 2. Ordinance No. 08-08 amending Chapter 99 of the Municipal Code of Ordinances relating to Sanitary Sewer User Fees. Initial consideration. D. BUILDING INSPECTION 1. Public hearing regarding amendments to the Marion Electrical Code by adopting the 2006 International Code Council Electrical Code and the 2008 National Electrical Code. 2. Ordinance No. 08-09 relating to amendment of Chapter 162 of the City of Marion Code of Ordinances adopting by reference the ICC Electrical Code, 2006 Edition, and the National Electrical Code, 2008 Edition, and providing penalties. Initial consideration. E. FINANCE 1. Resolution No. 19866 approving waiver of special weed assessment for 1356 13th Avenue. (John McNamara) 1. Ordinance No. 08-10 relating to bothersome animals. Initial consideration. G. PARKS 1. Ordinance No. 08-06 amending Chapter 152 of the Code of Ordinances related to trees. Second consideration. H. ADMINISTRATION/OTHER 1. Discussion regarding Lang property, 1595 8th Avenue. I. Council Discussion Time. J. Adjourn. CITY OF MARION TENTATIVE CITY COUNCIL AGENDA – Tuesday, April 29, 2008 - 4:00 P.M. A. PLANNING AND DEVELOPMENT (4:00 – 4:05) 1. Motion to approve Project Calendar related to Planning and Development Department payments, as follows: b. Resolution No. _____ approving Partial Payment No. 40 to East Central Iowa Council of Governments for Administration of the 2003 Housing Rehabilitation Grant Program in the amount of $1,764.00. 2. Resolution No. _____ approving Final Plat and Memorandum of Agreement for Edgebrooke Seventh Addition, located on Pebble Creek Drive, northeasterly of Stone Creek Court (A replat of Lots 155-160 of Edgebrooke Sixth Addition). (Midwest Development Co.) B. ENGINEERING (4:05 – 4:25) 1. Resolution No._______ approving Partial Payment No. 1 to Rathje Construction Co. regarding the 2008 Brookside Drive Sanitary Sewer Project in the amount of $7,054.25. 2. Resolution No. _____ approving contract and bond with Eastern Iowa Excavating & Concrete, LLC regarding the 2008 Sanitary Sewer Repair Project. 3. Resolution No. 19773 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost regarding the 2008 Sidewalk Assessment Project. 4. Discussion regarding existing street conditions and proposed emergency repairs. 5. Motion to receive and file correspondence regarding condition of Winslow Road. (John and Claudia Schroeder, 4395 Flagstick Drive) C. PUBLIC SERVICES (4:25 – 4:30) 1. Ordinance No. _____ amending Chapter 99 of the Municipal Code of Ordinances relating to Solid Waste Fees. Initial consideration. D. BUILDING INSPECTION (4:30 – 4:45) 1. Public hearing regarding amendments to the Marion Electrical Code by adopting the 2006 International Code Council Electrical Code and the 2008 National Electrical Code. 2. Ordinance No. _____ relating to amendment of Chapter 162 of the City of Marion Code of Ordinances adopting by reference the ICC Electrical Code, 2006 Edition, and the National Electrical Code, 2008 Edition, and providing penalties. Initial consideration. E. FINANCE (4:45 – 4:50) 1. Motion to approve the minutes of the April 15 and April 17, 2008 City Council meetings. 2. Motion to approve bills as presented in the amount of $______. 3. Resolution No. _____________ approving renewal application for a Class B Beer (includes wine coolers) Permit with additional privilege for Sunday Sales for Mama Oyiza Enterprises, LLC dba Michello’s Pizzeria. 4. Resolution No. _____ naming depositories. F. POLICE/FIRE 1. Ordinance No.________ relating to bothersome animals. Initial consideration. G. PARKS 1. Ordinance No. 08-06 amending Chapter 152 of the Code of Ordinances related to trees. Second consideration. H. ADMINISTRATION/OTHER (4:50 – 4:55) 1. Resolution No.________ approving renewal of health insurance for FY 08-09 with Wellmark, Inc. 2. Motion to receive and file Departmental Performance Criteria for FY 08-09. 3. Motion to approve non-bargaining pay schedule for FY 08-09. 4. Motion to approve Hold Harmless Agreement related to waiver of noise ordinance and traffic for Marion by Moonlight on June 5, 12, 19 and 26, 2008 in City Square Park. (Farmers State Bank) 5. Proclamation for National Arson Awareness Week. Thursday, April 17, 2008 - 7:00 p.m. Council Chambers – 1225 6th Avenue This meeting is being tape recorded. If you wish to address the City Council, please go to the lectern, wait to be recognized by the Mayor and state your name and address before making any comments. Call to Order. Pledge of Allegiance. Citizen’s presentations, comments and/or petitions. NOTE: The Consent Calendar includes routine items and will be enacted by one motion without separate discussion unless Council requests an item be removed to be considered separately. Motion to approve Consent Calendar, as follows: b. Resolution No. 19838 approving Partial Payment No. 19 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Petroleum Substances) in the amount of $1,421.00. c. Resolution No. 19839 approving Partial Payment No. 19 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Hazardous Substances) in the amount of $4,524.00. d. Resolution No. 19840 approving Partial Payment No. 24 to Howard R. Green Company for services related to the 2005 EPA Brownfield Cleanup Grant in the amount of $693.00. 2. Motion to receive and file, as follows: a. Edgebrooke Seventh Addition Final Plat located on Pebble Creek Drive, northeasterly of Stone Creek Court (A replat of Lots 155-160 of Edgebrooke Sixth Addition). (Midwest Development Co.) b. Nottingham Hills Sixth Addition Final Plat located north of Hampshire Drive, east of Newcastle Road. (BBAK Investments, Ltd) 3. Motion to receive and file and refer to the Planning and Zoning Commission request to rezone property located at 200 7th Avenue (formerly Berger Furrier) from C-1, Neighborhood Commercial to C-3, General Commercial. (Betty J. McGowan, Owner/Novak and Brannon Memorials, Applicant) 4. Resolution No.19842 approving Partial Payment No. 19 to Shive Hattery, Inc. for engineering services regarding the 29th Avenue Extension Project in the amount of $47,050.17. 5. Resolution No. 19843 approving contract and bond with Eggleston Concrete Contractors, Inc. regarding the 2008 Curb Replacement Project. 6. Resolution No. 19844 approving contract and bond with L.L. Pelling Co., Inc. regarding the 2008 HMA Project. 8. Resolution No. 19845 setting a public hearing for May 1, 2008, regarding amendments to the Marion Electrical Code by adopting the 2006 International Code Council Electrical Code and the 2008 National Electrical Code. 9. Motion to approve the minutes of the April 1 and 3, 2008 City Council meetings. 10. Motion to approve bills as presented in the amount of $357,096.13. 11. Resolution No. 19846 approving renewal application for a Class C Liquor Permit with additional privilege for Sunday Sales for Reynaldo’s Restaurants, Inc. dba Reynaldo’s Mexican American Restaurant. 12. Motion to receive and file 2008 Parks Department Project Schedule. 13. Motion to receive and file Parks Department 2007 Annual Report. 14. Resolution No. 19847 approving Pay for Performance for City Manager. 15. Motion to receive and file Pay for Performance for Department Heads. 16. Motion to receive and file Departmental Monthly Reports for March 2008. 17. Resolution No. 19848 approving agreements for FY 08-09 Hotel-Motel funding with Marion Arts Festival, Entrepreneurial Development Center, Red Chamber Music, MEDCO, Marion Chamber of Commerce – Tourism, Marion Historical Museum, Inc. – Granger House, Marion Historical Museum, Inc. – Heritage Center, Cedar Rapids Area Convention & Visitors Bureau, Marion Boys Baseball and Marion Cultural and Entertainment District. 18. Resolution No. 19849 approving renewal of long-term disability and group life insurance for FY 08-09. 19. Motion to approve Hold Harmless Agreement related to waiver of noise ordinance for Hawkeye Area Chevy Club on June 1, 2008. 20. Resolution No. 19850 approving renewal of agreement for composition, printing and distribution of Marion Messenger with Marion Times for FY 08-09 in the amount of $12,480 for an eight-page edition. 21. Motion to receive and file correspondence related to geo-thermal system. (Don C. Gallagher, 1305 Brendel Hill Drive) 1. Public hearing regarding the vacation and sale of a portion of the east/west alley in the block founded by 2nd and 3rd Avenues and 13th and 14th Streets adjacent to 241 13th Street (Frank Reynolds Request) 2. Resolution No. 19851 approving the vacation of a portion of the east/west alley in the block founded by 2nd and 3rd Avenues and 13th and 14th Streets adjacent to 241 13th Street (Frank Reynolds Request) 3. Resolution No. 19852 approving the sale of a portion of the east/west alley in the block founded by 2nd and 3rd Avenues and 13th and 14th Streets adjacent to 241 13th Street (Frank Reynolds Request) 4. Resolution No. 19853 approving the Final Plat and Memorandum of Agreement for Edgebrooke Estates Second Addition located east of Indian Creek Road, south of Oak Savannah Court. (Country Creek, LLC) 5. Resolution No. 19854 approving the Final Plat and Memorandum of Agreement for Prairie Bend Fourth Addition located on an extension of Lennon Lane, north of White Oak Drive. (Morris Wood Enterprises, LLC) 6. Motion directing staff to set a date for public meeting related Historic Preservation Commission proposal for a Historic Structure Preservation Ordinance. 7. Motion directing staff to proceed with one-year extension of the annexation agreement with the City of Cedar Rapids, located west of Alburnett Road, east of C Avenue. B. ENGINEERING 1. Public Hearing regarding the 2008 Sanitary Sewer Repair Project. 2. Resolution No.19855 accepting bids and awarding contract to Eastern Iowa Excavating & Concrete, LLC regarding the 2008 Sanitary Sewer Repair Project in the amount of $30,845.00. 3. Resolution No. 19856 authorizing installation of “No Parking” signs on the west side of 16th Street from 7th Avenue to 50’ north. C. PUBLIC SERVICES NONE. D. BUILDING INSPECTION NONE. E. FINANCE NONE. F. POLICE/FIRE NONE. G. PARKS 1. Ordinance No. 08-06 amending Chapter 152 of the Code of Ordinances related to trees. Initial consideration. 2. Resolution No. 19857 approving Arboricultural Specifications and Standards of Practice. H. ADMINISTRATION/OTHER 1. Motion to accept proposal related to city’s website and directing City Manager to execute contract. 2. Motion to receive and file correspondence regarding Culver’s Lawn and Landscaping, Inc. (Pheasant Ridge Homeowners Association) 3. Mayoral Appointment – Historic Preservation Commission - Cody Crawford, 860 South 7th Street. I. Council Discussion Time. J. Adjourn. CITY OF MARION TENTATIVE CITY COUNCIL AGENDA – Tuesday, April 15, 2008 - 4:00 P.M. Introduction of new Assistant Library Director – Jo Pearson. A. PLANNING AND DEVELOPMENT (4:00 – 4:45) 1. Motion to approve Project Calendar related to Planning and Development Department payments, as follows: a. Resolution No. ______ approving Partial Payment No. 4 to Howard R. Green Company for services related to the 2007 EPA Brownfield Cleanup Grant in the amount of $2,046.000. b. Resolution No. ______ approving Partial Payment No. 19 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Petroleum Substances) in the amount of $1,421.00. c. Resolution No. ______ approving Partial Payment No. 19 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Hazardous Substances) in the amount of $4,524.00. d. Resolution No.______ approving Partial Payment No. 24 to Howard R. Green Company for services related to the 2005 EPA Brownfield Cleanup Grant in the amount of $693.00. e. Resolution No. _____ approving Partial Payment No. 2 to Shive-Hattery, Inc. for services related to the Marion 29th Avenue North Sub Area Plan in the amount of $17,804.50. 2. Public hearing regarding the vacation and sale of a portion of the east/west alley in the block founded by 2nd and 3rd Avenues and 13th and 14th Streets adjacent to 241 13th Street (Frank Reynolds Request) 3. Resolution No. ______ approving the vacation of a portion of the east/west alley in the block founded by 2nd and 3rd Avenues and 13th and 14th Streets adjacent to 241 13th Street (Frank Reynolds Request) 4. Resolution No. ______ approving the sale of a portion of the east/west alley in the block founded by 2nd and 3rd Avenues and 13th and 14th Streets adjacent to 241 13th Street (Frank Reynolds Request) 5. Resolution No. ______ approving the Final Plat and Memorandum of Agreement for Edgebrooke Estates Second Addition located east of Indian Creek Road, south of Oak Savannah Court. (Country Creek, LLC) 6. Resolution No. ______ approving the Final Plat and Memorandum of Agreement for Prairie Bend Fourth Addition located on an extension of Lennon Lane, north of White Oak Drive. (Morris Wood Enterprises, LLC) 7. Motion to receive and file, as follows: a. Edgebrooke Seventh Addition Final Plat located on Pebble Creek Drive, northeasterly of Stone Creek Court (A replat of Lots 155-160 of Edgebrooke Sixth Addition). (Midwest Development Co.) b. Nottingham Hills Sixth Addition Final Plat located north of Hampshire Drive, east of Newcastle Road. (BBAK Investments, Ltd) 8. Motion to receive and file and refer to the Planning and Zoning Commission request to rezone property located at 200 7th Avenue (formerly Berger Furrier) from C-1, Neighborhood Commercial to C-3, General Commercial. (Betty J. McGowan, Owner/Novak and Brannon Memorials, Applicant) 9. Discussion regarding Historic Preservation Commission proposal for a Historic Structure Preservation Ordinance. 10. Discussion regarding a one-year extension of the annexation agreement with the City of Cedar Rapids, located west of Alburnett Road, east of C Avenue. 11. Discussion regarding soliciting a request for proposals for a consultant to assist with planning/transportation related to activities in the area bound on the west of 31st Street, on the east by 44th Street, on the south by Highway 100 and on the north by 5th Avenue. B. ENGINEERING (4:45 – 4:55) 1. Resolution No._______ approving Partial Payment No. 19 to Shive Hattery, Inc. for engineering services regarding the 29th Avenue Extension Project in the amount of $47,050.17. 2. Resolution No._______ approving contract and bond with Eggleston Concrete Contractors, Inc. regarding the 2008 Curb Replacement Project. 3. Resolution No._______ approving contract and bond with L.L. Pelling Co., Inc. regarding the 2008 HMA Project. 4. Public Hearing regarding the 2008 Sanitary Sewer Repair Project. 5. Resolution No._______ accepting bids and awarding contract to Eastern Iowa Excavating & Concrete, LLC regarding the 2008 Sanitary Sewer Repair Project in the amount of $30,845.00. 6. TAC report regarding the installation of “No Parking” on the west side of 16th Street from 7th Avenue to 50’ north. (Public Services) C. PUBLIC SERVICES (4:55 – 5:00) 1. Motion authorizing Public Service Department to solicit bids for a new garbage truck, tandem dump truck and a mower tractor. D. BUILDING INSPECTION (5:00 – 5:05) 1. Resolution No.________ setting a public hearing for May 1, 2008, regarding amendments to the Marion Electrical Code by adopting the 2006 Internation-al Code Council Electrical Code and the 2008 National Electrical Code. E. FINANCE 1. Motion to approve the minutes of the April 1 and 3, 2008 City Council meetings. 2. Motion to approve bills as presented in the amount of $357,096.13. 3. Resolution No._______ approving renewal application for a Class C Liquor Permit with additional privilege for Sunday Sales for Reynaldo’s Restaurants, Inc. dba Reynaldo’s Mexican American Restaurant. F. POLICE/FIRE NONE. G. PARKS (5:05 – 5:20) 1. Presentation regarding 2008 Parks Department Project Schedule. 2. Motion to receive and file Parks Department 2007 Annual Report. 3. Ordinance No.________ amending Chapter 152 of the Code of Ordinances related to trees. Initial consideration. Initial consideration. 4. Resolution No.________ approving Arboricultural Specifications and Standards of Practice. H. ADMINISTRATION/OTHER (5:20 – 5:30) 1. Motion to table award Request for Proposals related to city’s website until May 1, 2008. (tabled at 04/17/08 meeting) 2. Resolution No.________ approving Pay for Performance for City Manager. 3. Motion to receive and file Pay for Performance for Department Heads. 4. Motion to receive and file Departmental Monthly Reports for March 2008. 5. Resolution No.________ approving agreements for FY 08-09 Hotel-Motel funding with Marion Arts Festival, Entrepreneurial Development Center, Red Chamber Music, MEDCO, Marion Chamber of Commerce – Tourism, Marion Historical Museum, Inc. – Granger House, Marion Historical Museum, Inc. – Heritage Center, Cedar Rapids Area Convention & Visitors Bureau, Marion Boys Baseball and Marion Cultural and Entertainment District. 6. Resolution No.________ approving renewal of long-term disability and group life insurance for FY 08-09. 7. Motion to approve Hold Harmless Agreement related to waiver of noise ordinance for Hawkeye Area Chevy Club on June 1, 2008. 8. Resolution No. _____ approving renewal of agreement for composition, printing and distribution of Marion Messenger with Marion Times for FY 08-09 in the amount of $12,480 for an eight-page edition. 9. Motion to receive and file correspondence related to geo-thermal system. (Don C. Gallagher, 1305 Brendel Hill Drive) 10. Mayoral Appointment – Historic Preservation Commission - Cody Crawford, 860 South 7th Street Thursday, April 03, 2008 - 7:00 p.m. Council Chambers – 1225 6th Avenue This meeting is being tape recorded. If you wish to address the City Council, please go to the lectern, wait to be recognized by the Mayor and state your name and address before making any comments. Call to Order. Pledge of Allegiance. Citizen’s presentations, comments and/or petitions. Motion to approve Consent Calendar, as follows: a. Resolution No. 19817 approving Partial Payment No. 3 to Howard R. Green Company for services related to the 2007 EPA Brownfield Cleanup Grant in the amount of $3,559.50. 2. Resolution No. 19821 resetting public hearing for April 17, 2008, regarding the vacation and sale of a portion of the east-west alley in the block bounded by 2nd and 3rd Avenues and 13th and 14th Streets, adjacent to 241 13th Street. (Frank Reynolds request) 3. Resolution No. 19822 approving request for Waiver of Subdivision Regulations regarding a split of property by Plat of Survey for transfer purposes only located north of Barrington Court in Stonefield Addition. (Robert and Beverly Etzel, Owner/Mooney-Engle Land Company, LLC, Applicant) 4. Motion to receive and file request for deferral of Subdivision Regulations regarding paving improvements along Tower Terrace Road related to Prairie Bend Fourth Addition. (Jon Morris, Morris Wood Enterprises, LLC) 5. Motion to receive and file and refer to the Planning and Zoning Commission Boyson Place Addition Preliminary Plat, located south of Boyson Road between Alburnett Road and Geode Street. (J. Murphy Homes, L.L.C.) 6. Motion to receive and file request to encroach into right-of-way to install a brick mailbox. (Karen S. Beard, 3010 Diamond Lane, Cedar Rapids) 10. Motion to approve bills as presented in the amount of $650,998.23. 11. Resolution No. 19825 approving renewal application for a Class C Beer Permit with additional privilege for Sunday Sales and Carry Out Wine for J.D. Carpenter Companies, Inc. dba Short Stop-Marion. 12. Resolution No. 19826 approving renewal application for a Special Class C Liquor (Beer & Wine) Permit with additional privilege for Sunday Sales for Zoey’s Pizzeria, Inc. dba Zoey’s Pizzeria. 13. Resolution No. 19827 approving renewal application for a Class C Beer Permit with additional privilege for Sunday Sales for Fauser Oil Company, Inc. dba Pantry Express. 14. Resolution No. 19828 accepting settlement and consent to penalty and imposing the penalties for Liquor violations for Dumas’s (License No. LC0032900), Hy-Vee Food Store (License No. LE0000470), Pantry Express (License No. BC0028775) and Murphy Oil USA (License No. BC0028710. 15. Resolution No. 19829 accepting settlement and consent to penalty and imposing the penalties for Tobacco violations for Casey’s General Store #2760 (License No. 14481), Hy-Vee Gas (license No. 14483), Market Express (License No. 14488), Pantry Express (License No. 14490), Road Ranger #146 (License No. 14491) and Walgreens #03876 (License No. 14494). 16. Motion to receive and file 2007 Insurance Services Office Public Protection Summary Report. 17. Resolution No. 19830 approving purchase of a vehicle for H.E.A.T from Vander Haag’s, Des Moines, in the amount of $12,400.00. 18. Resolution No. 19831 approving Hold Harmless Agreement for H.E.A.T training at the vacant residence located at 830 Blairs Ferry Road, Marion. 19. Motion to receive and file Proclamation for 2008 Arbor Day. 20. Motion to approve Project Calendar regarding FY 07-08 and 08-09 budgets as follows: a. Resolution No. 19832 approving Early Retirements Option Program for FY 08-09. 21. Motion to approve Hold Harmless Agreement related to Marion Art Festival on May 17, 2008 in City Square Park. 22. Motion to receive and file letter from Linn County Board of Supervisors regarding compensations for expenses related to Randolph Road name change to Echo Hill Road. A. ENGINEERING 1. Public Hearing regarding the 2008 Curb Replacement Project. 2. Resolution No. 19835 accepting bids and awarding contract to Eggleston Concrete Contractors, Inc. regarding the 2008 Curb Replacement Project in the amount of $59,500.70. 3. Public Hearing regarding the 2008 HMA Resurfacing Project. 4. Resolution No. 19836 accepting bids and awarding contract to L.L. Pelling Co., Inc. regarding the 2008 HMA Project in the amount of $388,133.55. 1. Ordinance No. 08-05 amending Section 105.058 of the Code of Ordinances related to solid waste collection containers. Second consideration. C. BUILDING INSPECTION NONE. D. FINANCE NONE. E. POLICE/FIRE NONE. F. PARKS NONE. G. ADMINISTRATION/OTHER 1. Motion to award Request for Proposals related to city’s website. (tabled at 3/20/08 meeting) 2. Motion to approve a request from Vic Klopfenstein to donate $10,000 to the Mural Relocation Project. 3. Motion to adjourn to Executive Session regarding potential land acquisition. CITY OF MARION TENTATIVE CITY COUNCIL AGENDA – Tuesday, April 1, 2008 - 4:00 P.M. A. PLANNING AND DEVELOPMENT (4:00 – 4:20) 1. Motion to approve Project Calendar related to Planning and Development Department payments, as follows: b. Resolution No.________ approving Partial Payment No. 18 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Petroleum Substances) in the amount of $420.00. c. Resolution No.________ approving Partial Payment No. 18 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Hazardous Substances) in the amount of $614.50. d. Resolution No.________ approving Partial Payment No. 23 to Howard R. Green Company for services related to the 2005 EPA Brownfield Cleanup Grant in the amount of $1,604.00. 2. Resolution No.________ setting a public hearing for April 17, 2008, regarding the FY 08-09 through FY 13-14 Capital Improvements Program. 3. Resolution No. _____ resetting public hearing for April 17, 2008, regarding the vacation and sale of a portion of the east-west alley in the block bounded by 2nd and 3rd Avenues and 13th and 14th Streets, adjacent to 241 13th Street. (Frank Reynolds request) 4. Resolution No.________ approving request for Waiver of Subdivision Regulations regarding a split of property by Plat of Survey for transfer purposes only located north of Barrington Court in Stonefield Addition. (Robert and Beverly Etzel, Owner/Mooney-Engle Land Company, LLC, Applicant) 5. Motion to receive and file request for deferral of Subdivision Regulations regarding paving improvements along Tower Terrace Road related to Prairie Bend Fourth Addition. (Jon Morris, Morris Wood Enterprises, LLC) B. ENGINEERING (4:20 – 4:30) 1. Resolution No.________ approving contract and bond with Dolan Excavating, LLC. regarding the 2008 McGowan Boulevard Paving Project – Phase 1. 2. Public Hearing regarding the 2008 Curb Replacement Project. 3. Resolution No.________ accepting bids and awarding contract to Eggleston Concrete Contractors, Inc. regarding the 2008 Curb Replacement Project in the amount of $59,500.70. 4. Public Hearing regarding the 2008 HMA Resurfacing Project. 5. Resolution No.________ accepting bids and awarding contract to L.L. Pelling Co., Inc. regarding the 2008 HMA Project in the amount of $388,133.55. C. PUBLIC SERVICES (4:30 – 4:40) 1. Ordinance No. 08-05 amending Section 105.058 of the Code of Ordinances related to solid waste collection containers. Second consideration. 2. Resolution No._______ accepting proposal from Dickenson Engineering, PC for engineering services related to replacement of Central Business District Traffic Signals not to exceed $25,000.00., D. BUILDING INSPECTION NONE. E. FINANCE 1. Motion to approve the minutes of the March 18 and 20, 2008 City Council meetings. 2. Motion to approve bills as presented in the amount of $650,998.23. 3. Resolution No. ________ approving renewal application for a Class C Beer Permit with additional privilege for Sunday Sales and Carry Out Wine for J.D. Carpenter Companies, Inc. dba Short Stop-Marion. 4. Resolution No. ________ approving renewal application for a Special Class C Liquor (Beer & Wine) Permit with additional privilege for Sunday Sales for Zoey’s Pizzeria, Inc. dba Zoey’s Pizzeria. 5. Resolution No. ________ approving renewal application for a Class C Beer Permit with additional privilege for Sunday Sales for Fauser Oil Company, Inc. dba Pantry Express. 6. Resolution No. ________ accepting settlement and consent to penalty and imposing the penalties for Liquor violations for Dumas’s (License No. LC0032900), Hy-Vee Food Store (License No. LE0000470), Pantry Express (License No. BC0028775) and Murphy Oil USA (License No. BC0028710. 7. Resolution No. ________ accepting settlement and consent to penalty and imposing the penalties for Tobacco violations for Casey’s General Store #2760 (License No. 14481), Hy-Vee Gas (license No. 14483), Market Express (License No. 14488), Pantry Express (License No. 14490), Road Ranger #146 (License No. 14491) and Walgreens #03876 (License No. 14494). F. POLICE/FIRE (4:40 – 4:55) 1. Discussion concerning 2007 Insurance Services office site visit and Summary Report. 2. Resolution No. _____ approving purchase of a vehicle for H.E.A.T from Vander Haag’s, Des Moines, in the amount of $12,400.00. 3. Resolution No.________ approving Hold Harmless Agreement for H.E.A.T training at the vacant residence located at 830 Blairs Ferry Road, Marion. G. PARKS 1. Motion to receive and file Proclamation for 2008 Arbor Day. H. ADMINISTRATION/OTHER (4:55 – 5:10) 1. Motion to award Request for Proposals related to city’s website. (tabled at 3/20/08 meeting) 2. Motion to approve Project Calendar regarding FY 07-08 and 08-09 budgets as follows: a. Resolution No. _______ approving Early Retirements Option Program for FY 08-09. 3. Motion to approve Hold Harmless Agreement related to Marion Art Festival on May 17, 2008 in City Square Park. 4. Motion to receive and file letter from Linn County Board of Supervisors regarding compensations for expenses related to Randolph Road name change to Echo Hill Road. 5. Motion to adjourn to Executive Session regarding personnel matters (City Manager performance evaluation) as permitted under Section 21.5(1)(i). (Tuesday) Thursday, March 20, 2008 - 7:00 p.m. Council Chambers – 1225 6th Avenue This meeting is being tape recorded. If you wish to address the City Council, please go to the lectern, wait to be recognized by the Mayor and state your name and address before making any comments. Call to Order. Pledge of Allegiance. Roll Call. Citizen’s presentations, comments and/or petitions. CONSENT CALENDAR NOTE: The Consent Calendar includes routine items and will be enacted by one motion without separate discussion unless Council requests an item be removed to be considered separately. Motion to approve Consent Calendar, as follows: a. Resolution No. 19800 approving Partial Payment No. 2 from the Winslow Road Tax Increment Financing Fund (TIF) to Helping Hands Ministry for assistance to homeless or near homeless Families in Marion in the amount of $4,500.00. 2. Motion to receive and file recommendations from the Planning and Zoning Commission related to: a. Request for legal opinion regarding the establishment of an ordinance providing for the dedication of parkland within subdivision regulations. 3. Resolution No. 19803 approving Partial Payment No. 18 to Shive Hattery Inc. for engineering services regarding the 29th Avenue Extension Project in the amount of $61,794.00. 4. Resolution No. 19804 accepting the Permanent Encroachment Agreement with Marion Christian Church, 1050 McGowan Boulevard, regarding the 2008 McGowan Boulevard Paving Project – Phase 1. 5. Resolution No. 19805 approving On-site Borrow Site contract with Shive-Hattery, Inc. for engineering services regarding the 29th Avenue Extension Project in an amount not to exceed $34,200.00. 6. Motion to receive and file 2008 Engineering Work Program. 7. Motion to receive and file FY 08/09 Public Services Department Work Program. 8. Motion to receive and file 2007 Building Inspection Department Annual Report. 9. Motion to approve the minutes of the March 4, 6 and 11, 2008 City Council meetings. 10. Motion to approve bills as presented in the amount of $370,513.78. 11. Resolution No. 19806 approving renewal application for a Class C Liquor Permit with additional privilege for outdoor and Sunday Sales for Tabasco’s Mexican Restaurant & Patio, Inc. dba Villa’s Patio Mexican Restaurant. 12. Resolution No. 19807 approving renewal application for a Special Class C Liquor (Beer & Wine) Permit with additional privilege for Outdoor and Sunday Sales for Amy J. Bean dba Mr. Beans. 13. Resolution No. 19808 approving renewal application for a Class C Liquor Permit with additional privilege for outdoor and Sunday Sales for Hunters Ridge Development Company LC dba Hunters Ridge Golf Course. 14. Resolution No. 19809 approving request from James Scott Embrey for a waiver of 7-day time requirements per Marion Code Section 122.06 (5) for Pocano Ice at 3400 7th Avenue parking lot. 15. Motion to receive and file Substance Abuse Enforcement Education and Prevention Report. 16. Motion to receive and file Departmental Monthly Reports for February 2008. 17. Motion to approve hold harmless agreement related to noise waiver for New Beginnings Church on June 28, 2008 from 9:00 a.m. – 8:00 p.m. (City Square Park) 18. Motion to receive and file notice of resignation from Lorna Barnes from the Zoning Board of Adjustment. 1. Motion to remove from table Ordinance No. 08-02 amending the Codes of Ordinances regarding request to rezone property located at 241 13th Street from C-4, Warehouse/ Commercial to R-3, Two-Family Residential. (Frank Reynolds request, 111 19th Street). (Tabled at 03-06-08 meeting) 2. Ordinance No. 08-02 amending the Codes of Ordinances regarding request to rezone property located at 241 13th Street from C-4, Warehouse/ Commercial to R-3, Two-Family Residential. (Frank Reynolds request, 111 19th Street). Second Consideration. 3. Public hearing regarding the vacation and sale of a portion of the east/west alley in the block founded by 2nd and 3rd Avenues and 13th and 14th Streets adjacent to 241 13th Street (Frank Reynolds Request) 4. Resolution No. 19810 approving the vacation of a portion of the east/west alley in the block founded by 2nd and 3rd Avenues and 13th and 14th Streets adjacent to 241 13th Street (Frank Reynolds Request) 5. Resolution No. 19811 approving the sale of a portion of the east/west alley in the block founded by 2nd and 3rd Avenues and 13th and 14th Streets adjacent to 241 13th Street (Frank Reynolds Request) 6. Resolution No. 19812 approving the Final Plat and Memorandum of Agreement for Stordahl First Addition located east of S. 11th Street, north of F Avenue (Norman and Carolyn Stordahl). B. ENGINEERING 1. Ordinance No. 08-04 establishing a moratorium on construction of open loop geothermal heating/cooling systems until the 21st of August, 2008, pending adoption of an ordinance establishing fees for the discharge of water into the city storm water and/or surface water drainage systems from open loop geothermal heating/cooling systems and providing penalties. Final consideration. 2. Motion to approve Project Calendar for the 2008 Sanitary Sewer Repair Project, as follows: a. Motion to retain the City Engineer as Project Engineer regarding the 2008 Sanitary Sewer Repair Project. b. Resolution No. 19813 approving Resolution of Necessity regarding the 2008 Sanitary Sewer Repair Project. c. Resolution No. 19814 ordering preparation of detailed plans, specifications, notice of hearing and letting, notice to bidders, form of contract, and estimate of cost regarding the 2008 Sanitary Sewer Repair Project. d. Resolution No. 19815 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract, and estimate of cost regarding the 2008 Sanitary Sewer Repair Project. 3. Public Hearing regarding the 2008 McGowan Boulevard Project. 4. Resolution No. 19816 accepting bids and awarding contract to________ regarding the 2008 McGowan Boulevard Project in the amount of $________. 1. Ordinance No. 08-05 amending Section 105.058 of the Code of Ordinances related to solid waste collection containers. Initial Consideration. D. BUILDING INSPECTION NONE. E. FINANCE NONE. F. POLICE/FIRE NONE. G. PARKS NONE. H. ADMINISTRATION/OTHER 1. Motion to remove from table motion to authorize $500 contribution towards Art in the Depot Project. (tabled at 2-21-08 meeting) 2. Motion to authorize $500 contribution towards Art in the Depot Project. 3. Motion to award Request for Proposals related to city’s website. 4. Mayoral re-appointment: Civil Service Commission – Paul Draper, 4670 Fairways Court – term expires: 04-01-12. I. Council Discussion Time. J. Motion to adjourn. CITY OF MARION MEETING NOTICE/AGENDA The Marion City Council will meet at 5:00 p.m. on Tuesday, March 18, 2008, 1225 6th Avenue, Marion, Iowa. The agenda is as follows: 1. Call to order. 2. Roll call. 3. Resolution No. 19799 approving new application for a Class C Liquor Permit with additional privilege for outdoor and Sunday Sales for Creeke Bed Investors, LLC dba Indian Creek Country Club. 4. Adjourn. TENTATIVE CITY COUNCIL AGENDA – Tuesday, March 18, 2008 - 4:00 P.M. A. PLANNING AND DEVELOPMENT (4:00 – 4:20) 1. Motion to approve Project Calendar related to Planning and Development Department payments, as follows: a. Resolution No. ______ approving Partial Payment No. 2 from the Winslow Road Tax Increment Financing Fund (TIF) to Helping Hands Ministry for assistance to homeless or near homeless Families in Marion in the amount of $4,500.00. b. Resolution No. ______ approving Partial Payment No. 1 to East Central Iowa Council of Governments for completion of an updated 2008 Housing Needs Assessment in the amount $735.00. c. Resolution No. ______ approving Partial Payment No. 39 to East Central Iowa Council of Governments for Administration of the 2003 Housing Rehabilitation Grant Program in the amount of $1,470.00. 2. Motion to remove from table Ordinance No. 08-02 amending the Codes of Ordinances regarding request to rezone property located at 241 13th Street from C-4, Warehouse/ Commercial to R-3, Two-Family Residential. (Frank Reynolds request, 111 19th Street). (Tabled at 03-06-08 meeting) 3. Ordinance No. 08-02 amending the Codes of Ordinances regarding request to rezone property located at 241 13th Street from C-4, Warehouse/ Commercial to R-3, Two-Family Residential. (Frank Reynolds request, 111 19th Street). Second Consideration. 4. Public hearing regarding the vacation and sale of a portion of the east/west alley in the block founded by 2nd and 3rd Avenues and 13th and 14th Streets adjacent to 241 13th Street (Frank Reynolds Request) 5. Resolution No. ______ approving the vacation of a portion of the east/west alley in the block founded by 2nd and 3rd Avenues and 13th and 14th Streets adjacent to 241 13th Street (Frank Reynolds Request) 6. Resolution No. ______ approving the sale of a portion of the east/west alley in the block founded by 2nd and 3rd Avenues and 13th and 14th Streets adjacent to 241 13th Street (Frank Reynolds Request) 7. Resolution No. ______ approving the Final Plat and Memorandum of Agreement for Stordahl First Addition located east of S. 11th Street, north of F Avenue (Norman and Carolyn Stordahl). 8. Update regarding 2008 Housing Grant. 9. Motion to receive and file recommendations from the Planning and Zoning Commission related to: a. Request for legal opinion regarding the establishment of an ordinance providing for the dedication of parkland within subdivision regulations. b. Request to establish schools as a Conditional Use in all districts currently not regulated. B. ENGINEERING (4:20 – 4:45) 1. Resolution No._______ approving partial payment No. 18 to Shive Hattery Inc. for engineering services regarding the 29th Avenue Extension Project in the amount of $61,794.00. 2. Ordinance No. 08-04 establishing a moratorium on construction of open loop geothermal heating/cooling systems until the 21st of August, 2008, pending adoption of an ordinance establishing fees for the discharge of water into the city storm water and/or surface water drainage systems from open loop geothermal heating/cooling systems and providing penalties. Final consideration. 3. Resolution No._______ accepting the Permanent Encroachment Agreement with Marion Christian Church, 1050 McGowan Boulevard, regarding the 2008 McGowan Boulevard Paving Project – Phase 1. 4. Motion to approve Project Calendar for the 2008 Sanitary Sewer Project, as follows: a. Motion to retain the City Engineer as Project Engineer regarding the 2008 Sanitary Sewer Repair Project. b. Resolution No._______ approving Resolution of Necessity regarding the 2008 Sanitary Sewer Repair Project. c. Resolution No._______ ordering preparation of detailed plans, specifications, notice of hearing and letting, notice to bidders, form of contract, and estimate of cost regarding the 2008 Sanitary Sewer Repair Project. d. Resolution No._______ approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract, and estimate of cost regarding the 2008 Sanitary Sewer Repair Project. 5. Resolution No._______ approving On-site Borrow Site contract with Shive-Hattery, Inc. for engineering services regarding the 29th Avenue Extension Project in an amount not to exceed $34,200.00. 6. Public Hearing regarding the 2008 McGowan Boulevard Project. 7. Resolution No._______ accepting bids and awarding contract to________ regarding the 2008 McGowan Boulevard Project in the amount of $________. 8. Presentation regarding 2008 Engineering Work Program. C. PUBLIC SERVICES (4:45 – 4:55) 1. Presentation regarding 08/09 Public Services Department work program. 2. Ordinance No.________ amending Section 105.058 of the Code of Ordinances related to solid waste collection containers. Initial Consideration. D. BUILDING INSPECTION (4:55 - 5:00) 1. Motion to receive and file 2007 Building Inspection Department Annual Report. E. FINANCE 1. Motion to approve the minutes of the March4, 6 and 11, 2008 City Council meetings. 2. Motion to approve bills as presented in the amount of $370,513.78. 3. Resolution No. ________ approving renewal application for a Class C Liquor Permit with additional privilege for outdoor and Sunday Sales for Tabasco’s Mexican Restaurant & Patio, Inc. dba Villa’s Patio Mexican Restaurant. 4. Resolution No. ________ approving renewal application for a Special Class C Liquor (Beer & Wine) Permit with additional privilege for Outdoor and Sunday Sales for Amy J. Bean dba Mr. Beans. 5. Resolution No. ________ approving renewal application for a Class C Liquor Permit with additional privilege for outdoor and Sunday Sales for Hunters ridge Development Company LC dba Hunters Ridge Golf Course. 6. Resolution No. ________ approving new application for a Class C Liquor Permit with additional privilege for outdoor and Sunday Sales for Creeke Bed Investors, LLC dba Indian Creek Country Club. 7. Resolution No.________ approving request from James Scott Embrey for a waiver of 7-day time requirements per Marion Code Section 122.06 (5) for Pocano Ice at 3400 7th Avenue parking lot. 1. Presentation regarding Substance Abuse Enforcement Education and Prevention. G. PARKS NONE. H. ADMINISTRATION/OTHER (5:15 – 5:35) 1. Presentation by Karen Hoyt regarding “Art in the Depot” project. (Tuesday) 2. Motion to approve Departmental Monthly Reports for February 2008. 3. Motion to approve hold harmless agreement related to noise waiver for New Beginnings Church on June 28, 2008 from 9:00 a.m. – 8:00 p.m. (City Square Park) 4. Motion to award Request for Proposals related to city’s website. 5. Mayoral re-appointment: Civil Service Commission – Paul Draper, 4670 Fairways Court – term expires: 04-01-12. The Marion City Council will meet at 4:00 p.m. on Tuesday, March 11, 2008, 1225 6th Avenue, Marion, Iowa. The agenda is as follows: 1. Call to order. 2. Roll call. 3. Public hearing regarding FY 08-09 Budget. 4. Resolution No. 19798 approving FY 08-09 Budget. 5. Adjourn.AGENDA MARION CITY COUNCIL REGULAR MEETING Call to Order. Pledge of Allegiance. Roll Call. Presentation, Michael Duehr, Fraternal Order of the Eagles Club. Citizen’s presentations, comments and/or petitions. CONSENT CALENDAR NOTE: The Consent Calendar includes routine items and will be enacted by one motion without separate discussion unless Council requests an item be removed to be considered separately. Motion to approve Consent Calendar, as follows: 1. Resolution No. 19779 approving payment from the Winslow Road Tax Increment Financing Fund to Aging Services for reimbursement of work associated with Chore Services Program in the amount of $2,866.50. 2. Motion to receive and file and refer to the Planning and Zoning Commission request to vacate and purchase the portion of the east/west Alley (bounded by 2nd and 3rd Avenues, between 13th and 14th Streets, adjacent to 241 13th Street). (Frank Reynolds request, 111 19th Street) 3. Resolution No. 19780 setting public hearing for March 20, 2008, regarding the vacation and sale of a portion of the east-west alley in the block bounded by 2nd and 3rd Avenues and 13th and 14th Streets, adjacent to 241 13th Street. (Frank Reynolds request) 4. Motion to receive and file request to withdraw Bowman Woods Unit 33 Final Plat from further consideration. 5. Motion to receive and file Prairie Bend Fourth Addition Final Plat, located south of Tower Terrace Road, extending Lennon Lane northerly. (Morris Wood Enterprises, LLC) 6. Motion to receive and approve Petition and Waiver from Marion Christian Church regarding installation of sidewalk in conjunction with McGowan Boulevard Paving Project – Phase 1. 7. Resolution No.19781 approving contract and bond for 2008 Brookside Drive Sanitary Sewer Project with Rathje Construction Co. 8. Resolution No. 19782 accepting the public improvements for the third phase of Squaw Creek Meadows 2nd Addition to the City of Marion. 9. Motion to receive and file e-mail regarding geothermal moratorium. (Jane Suiter, 3415 26th Avenue) 10. Motion to receive and file the Squaw Creek Basin FEMA Map updates. 11. Motion to receive and file e-mail regarding drainage at 625 Meadow Ridge Blvd. (Tom and Terry St. John) 12. Motion to approve Project Calendar regarding Building Department fee scheduling as follows: b. Resolution No. 19784 adopting a schedule of fees for the International Plumbing Code, 2006 Edition. c. Resolution No. 19785 adopting a schedule of fees for the International Mechanical Code, 2006 Edition. d. Resolution No. 19786 adopting a schedule of fees for the National Electrical Code, 2005 Edition and International Code Council Electrical Code-Administrative Provisions, 2003 Edition. 13. Motion to approve the minutes of the February 19 and 21, 2008 City Council meetings. 14. Motion to approve bills as presented in the amount of $336,747.49. 15. Resolution No. 19787 approving renewal application for a Class C Liquor Permit with additional privilege for catering and Sunday Sales for Prairie Hill Pavilion Inc. dba prairie Hill Pavilion, Inc. 16. Resolution No. 19788 approving renewal application for a Class B Beer (includes Wine Coolers) for E. T. N. Maidrite, Inc. dba Marion Maid Rite. 17. Resolution No. 19789 approving renewal application for a Class C Liquor Permit with additional privilege for catering and Sunday Sales for Huntington, L.L.C. dba Huntington. 18. Resolution No. 19790 approving renewal application for a Class C Liquor Permit with additional privilege for Sunday and Outdoor Sales for Wrigleyville, Inc. dba Wrigleyville. 19. Motion to receive and file Police Department 2007 Annual Report. 20. Motion to approve Hold Harmless Agreement regarding noise waiver for Faith Lutheran Church, 155 Boyson Road, on September 6, 2008, from 5:30 pm – 11:00 pm. 21. Motion to receive and file resignation from Fred Weber from the Civil Service Commission. A. PLANNING AND DEVELOPMENT 1. Ordinance No. 08-02 amending the Codes of Ordinances regarding request to rezone property located at 241 13th Street from C-4, Warehouse/ Commercial to R-3, Two-Family Residential. (Frank Reynolds request, 111 19th Street) Second consideration. B. ENGINEERING 1. Motion to approve Project Calendar for the 2008 Curb Replacement Project, as follows: a. Motion to retain the City Engineer as Project Engineer regarding the 2008 Curb Replacement Project. b. Resolution No. 19791 approving Resolution of Necessity regarding the 2008 Curb Replacement Project. c. Resolution No. 19792 ordering preparation of detailed plans, specifications, notice of hearing and letting, notice to bidders, form of contract, and estimate of cost regarding the 2008 Curb Replacement Project. d. Resolution No. 19793 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract, and estimate of cost regarding the 2008 Curb Replacement Project. 2. Motion to approve Project Calendar for the 2008 HMA Resurfacing Project, as follows: a. Motion to retain the City Engineer as Project Engineer regarding the 2008 HMA Resurfacing Project. b. Resolution No. 19794 approving Resolution of Necessity regarding the 2008 HMA Resurfacing Project. c. Resolution No. 19795 ordering preparation of detailed plans, specifications, notice of hearing and letting, notice to bidders, form of contract, and estimate of cost regarding the 2008 HMA Resurfacing Project. d. Resolution No. 19796 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract, and estimate of cost regarding the 2008 HMA Resurfacing Project. 3. Motion to reconsider amendment to Ordinance No. 08-04 granting Linn Mar School District an exemption for open loop geothermal system at Novak Middle School. 4. Ordinance No. 08-04 establishing a moratorium on construction of open loop geothermal heating/cooling systems until the 21st of August, 2008, pending adoption of an ordinance establishing fees for the discharge of water into the city storm water and/or surface water drainage systems from open loop geothermal heating/cooling systems and providing penalties. Second consideration. 5. Resolution No. 19797 approving request by Alliant Energy for waiver of underground utilities requirements on 44th Street, north of Tenth Avenue. C. PUBLIC SERVICES NONE. D. BUILDING INSPECTION NONE. E. FINANCE NONE. F. POLICE/FIRE NONE. G. PARKS NONE. H. ADMINISTRATION/OTHER 1. Discussion regarding Hotel/Motel funding for FY 08-09. 2. Mayoral Appointment: Civil Service Commission - J.D. Schlotterback, 2390 Rosewood Ridge Court. I. Council Discussion Time. J. Motion to adjourn. CITY OF MARION TENTATIVE CITY COUNCIL AGENDA – Tuesday, March 4, 2008 - 4:00 P.M.A. PLANNING AND DEVELOPMENT (4:00 – 4:15) 1. Ordinance No. 08-02 amending the Codes of Ordinances regarding request to rezone property located at 241 13th Street from C-4, Warehouse/ Commercial to R-3, Two-Family Residential. (Frank Reynolds request, 111 19th Street) Second consideration. 2. Resolution No._______ approving waiver of Subdivision Regulations to allow a split of property by Plat of Survey No. 1471, for transfer purposes only, located north of Indian Creek Way, west of Highway 13 in Linn County, but within the Marion’s two-mile review jurisdiction (Anne Robinson request). 3. Resolution No. _____ approving payment from the Winslow Road Tax Increment Financing Fund to Aging Services for reimbursement of work associated with Chore Services Program in the amount of $2,866.50. 4. Motion to receive and file and refer to the Planning and Zoning Commission request to vacate and purchase the portion of the east/west Alley (bounded by 2nd and 3rd Avenues, between 13th and 14th Streets, adjacent to 241 13th Street). (Frank Reynolds request, 111 19th Street) 5. Resolution No. _____ setting public hearing for March 20, 2008, regarding the vacation and sale of a portion of the east-west alley in the block bounded by 2nd and 3rd Avenues and 13th and 14th Streets, adjacent to 241 13th Street. (Frank Reynolds request)B. ENGINEERING (4:15 – 5:05) 1. Motion to receive and approve Petition and Waiver from Marion Christian Church regarding installation of sidewalk in conjunction with McGowan Boulevard Paving Project – Phase 1. 2. Resolution No._______ approving contract and bond for 2008 Brookside Drive Sanitary Sewer Project with Rathje Construction Co. 3. Motion to approve Project Calendar for the 2008 Curb Replacement Project, as follows: a. Motion to retain the City Engineer as Project Engineer regarding the 2008 Curb Replacement Project. b. Resolution No._______ approving Resolution of Necessity regarding the 2008 Curb Replacement Project. c. Resolution No._______ ordering preparation of detailed plans, specifications, notice of hearing and letting, notice to bidders, form of contract, and estimate of cost regarding the 2008 Curb Replacement Project. d. Resolution No._______ approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract, and estimate of cost regarding the 2008 Curb Replacement Project. 4. Motion to approve Project Calendar for the 2008 HMA Resurfacing Project, as follows: a. Motion to retain the City Engineer as Project Engineer regarding the 2008 HMA Resurfacing Project. b. Resolution No._______ approving Resolution of Necessity regarding the 2008 HMA Resurfacing Project.. c. Resolution No._______ ordering preparation of detailed plans, specifications, notice of hearing and letting, notice to bidders, form of contract, and estimate of cost regarding the 2008 HMA Resurfacing Project. d. Resolution No._______ approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract, and estimate of cost regarding the 2008 HMA Resurfacing Project. 5. Resolution No._______ accepting the public improvements for the third phase of Squaw Creek Meadows 2nd addition to the City of Marion. 6. Ordinance No. 08-04 establishing a moratorium on construction of open loop geothermal heating/cooling systems until the 21st of August, 2008, pending adoption of an ordinance establishing fees for the discharge of water into the city storm water and/or surface water drainage systems from open loop geothermal heating/cooling systems and providing penalties. Second consideration. 7. Presentation regarding the Squaw Creek Basin FEMA Map updates. 8. Discussion regarding request by Alliant Energy for the installation of overheard feeder line on 44th Street, north of Tenth Street.C. PUBLIC SERVICES NONE. D. BUILDING INSPECTION (5:05 – 5:25) 1. Motion to approve Project Calendar regarding Building Department fee scheduling as follows: a. Resolution No.________ adopting a schedule of fees for the International Building Code, 2006 edition and International Residential Code, 2006 Edition. 2. Report relating to property maintenance cases (Tuesday). E. FINANCE 1. Motion to approve the minutes of the February 19 and 21, 2008 City Council meetings. 2. Motion to approve bills as presented in the amount of $336,747.49. 3. Resolution No. _______ approving renewal application for a Class C Liquor Permit with additional privilege for catering and Sunday Sales for Prairie Hill Pavilion Inc. dba prairie Hill Pavilion Inc. 4. Resolution No. _______ approving renewal application for a Class B Beer (includes Wine Coolers) for E. T. N. Maidrite, Inc. dba Marion Maid Rite. 5. Resolution No. _______ approving renewal application for a Class C Liquor Permit with additional privilege for catering and Sunday Sales for Huntington, L.L.C. dba Huntington. 6. Resolution No. _______ approving renewal application for a Class C Liquor Permit with additional privilege for Sunday and Outdoor Sales for Wrigleyville, Inc. dba Wrigleyville. F. POLICE/FIRE 1. Motion to receive and file Police Department 2007 Annual Report. G. PARKS NONE. H. ADMINISTRATION/OTHER (5:25 – 5:45) 1. Discussion regarding Hotel/Motel funding for FY 08-09 (Thursday). 2. Motion to approve Hold Harmless Agreement regarding noise waiver for Faith Lutheran Church, 155 Boyson Road, on September 6, 2008 from 5:30 pm – 11:00 pm. 3. Motion to receive and file resignation from Fred Weber from the Civil Service Commission. 4. Mayoral Appointment: Civil Service Commission - J.D. Schlotterback, 2390 Rosewood Ridge Court. 5. Presentation, Michael Duehr, Fraternal Order of the Eagles Club. (Thursday) Thursday, February 21, 2008 - 7:00 p.m. Council Chambers – 1225 6th Avenue This meeting is being tape recorded. If you wish to address the City Council, please go to the lectern, wait to be recognized by the Mayor and state your name and address before making any comments. Call to Order. Pledge of Allegiance.Roll Call. Citizen’s presentations, comments and/or petitions.CONSENT CALENDAR NOTE: The Consent Calendar includes routine items and will be enacted by one motion without separate discussion unless Council requests an item be removed to be considered separately. Motion to approve Consent Calendar, as follows: 1. Motion to approve Project Calendar related to Planning and Development Department payments, as follows: a. Resolution No. 19758 approving Partial Payment No. 2 to Howard R. Green Company for services related to the 2007 EPA Brownfield Cleanup Grant in the amount of $704.00 c. Resolution No. 19760 approving Partial Payment No. 17 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Petroleum Substances) in the amount of $991.50. 2. Motion to receive and file and refer to the Planning and Zoning Commission a request to rezone property located south of East Robins Road, west of Newcastle Road from R-2, Single-Family Residential to PD-R, Planned Development Residential. (Midwest Development Co.) 3. Resolution No. 19764 approving Partial Payment No. 17 to Shive Hattery Inc. for engineering services regarding the 29th Avenue Extension Project in the $29,794.46. 4. Motion to receive and file the Corridor Metropolitan Planning Organization (CMPO Sanitary Trunk Sewer Modeling Report. 5. Resolution No. 19765 approving purchase of replacement light fixtures for Public Services Department from Alliant Energy $12,221.31. 6. Motion to approve the minutes of the February 5, 7, and 9, 2008 City Council meetings. 7. Motion to approve bills as presented in the amount of $305,365.16. 8. Resolution No.19766 approving the 2008 Addendum related to fee schedule for the 2001 contract with Marion Township. 9. Motion to receive and file report by MEDCO Director George Lake regarding MEDCO activities on February 5, 2008. 10. Motion to receive and file Departmental Monthly Reports for January 2008. 11. Motion to receive and file 2007 Water Department Annual Report. 12. Resolution No. 19767 resetting public hearing for FY 08-09 Budget for Tuesday, March 11, 2008 at 4:00 p.m. 13. Motion to approve project calendar regarding the 2005 City Hall Construction Project, as follows: a. Resolution No. 19768 approving Change Order No. 7 from Kleiman Construction, Inc. regarding the 2005 City Hall Construction Project, decreasing project amount by $3,100.00. A. PLANNING AND DEVELOPMENT 1. Public hearing regarding request to rezone property located at 241 13th Street from C-4, Warehouse/ Commercial to R-3, Two-Family Residential. (Frank Reynolds request) Continued from February 7, 2008 meeting. 2. Ordinance No. 08-02 amending the Codes of Ordinances regarding request to rezone property located at 241 13th Street from C-4, Warehouse/ Commercial to R-3, Two-Family Residential. (Frank Reynolds request, 111 19th Street) Initial consideration. 3. Motion to receive and file request to waive second and third readings of Ordinance No. 08-02 regarding request to rezone property located at 241 13th Street from C-4, Warehouse/ Commercial to R-3, Two-Family Residential. (Frank Reynolds, 111 19th Street) 4. Resolution No. 19770 approving Revised Nottingham Hills Addition Preliminary Plat, located east of Newcastle Road, between Hampshire Drive and East Robins Road. (BBAK Investments)B. ENGINEERING 1. Resolution No. 19771 approving Project Calendar related to the 2008 Sidewalk Assessment Project, as follows: a. Motion to receive and file Sidewalk Assessment Committee recommendations for 2008 projects. b. Motion to retain the City Engineer as Project Engineer for the 2008 Sidewalk Installation Project. c. Resolution No. 19772 approving Resolution of Necessity regarding the 2008 Sidewalk Installation Project. d. Resolution No. 19773 ordering preparation of detailed plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost regarding the 2008 Sidewalk Installation Project. e. Resolution No. 19774 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost regarding the 2008 Sidewalk Installation Project. 2. Motion to approve Project Calendar related to the 2008 McGowan Boulevard Paving Project – Phase I, as follows: a. Motion to retain the City Engineer as Project Engineer regarding the 2008 McGowan Boulevard Paving Project – Phase I. b. Resolution No. 19775 approving Resolution of Necessity regarding the 2008 McGowan Boulevard Paving Project – Phase I. c. Resolution No. 19776 ordering preparation of detailed plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost regarding the 2008 McGowan Boulevard Paving Project – Phase I. d. Resolution No. 19777 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost regarding the 2008 McGowan Boulevard Paving Project – Phase I. 3. Public hearing regarding the 2008 Brookside Drive Sanitary Sewer Project. 4. Resolution No. 19778 accepting bids and awarding contract to Rathje Construction Co. regarding the 2008 Brookside Drive Sanitary Sewer Project in the amount of $335,156.75. 5. Ordinance No. 08-04 establishing a moratorium on construction of open loop geothermal heating/cooling systems until the 21st of August, 2008, pending adoption of an ordinance establishing fees for the discharge of water into the city storm water and/or surface water drainage systems from open loop geothermal heating/cooling systems and providing penalties. Initial consideration. 6. Motion to receive and file and refer to TAC, as follows: a. Request for no parking on the west side of 16th Street north of 7th Avenue 50 feet. (Staff) b. Request for installation of stop signs at the intersection of 3rd Avenue and 18th Street. (Council Member Pazour at January 17th meeting)C. PUBLIC SERVICES NONE. D. BUILDING INSPECTION NONE. E. FINANCE NONE. F. POLICE/FIRE 1. Ordinance No. 08-03 amending Chapter 120 of the Code of Ordinances relating to persons being upon licensed premises after closing and providing penalties. Second consideration. G. PARKS NONE. H. ADMINISTRATION/OTHER 1. Mayoral appointments: 29th Avenue Sub Area Plan Advisory Committee. (Nick AbouAssaly - Planning Commission and Jon Morris - Commercial Developer I. Council Discussion. J. Hearing related to liquor violation. (VIP, 648 8th Street) K. Motion related to liquor violation. (VIP, 648 8th Street) L. Adjourn. TENTATIVE CITY COUNCIL AGENDA – Tuesday, February 19, 2008 - 4:00 P.M. 1. Motion to approve Project Calendar related to Planning and Development Department payments, as follows: a. Resolution No. ______ approving Partial Payment No. 2 to Howard R. Green Company for services related to the 2007 EPA Brownfield Cleanup Grant in the amount of $704.00 b. Resolution No. ______ approving Partial Payment No. 22 to Howard R. Green Company for services related to the 2005 EPA Brownfield Cleanup Grant in the amount of 391.00. c. Resolution No. _____ approving Partial Payment No. 17 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Petroleum Substances) in the amount of $991.50. d. Resolution No. ______ approving Partial Payment No. 17 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Hazardous Substances) in the amount of $2,778.50. e. Resolution No. ______ approving Partial Payment No. 38 to East Central Iowa Council of Governments for Administration of the 2003 Housing Rehabilitation Grant Program in the amount of $1,519.00. f. Resolution No. ______ approving payment to the Corridor Metropolitan Planning Organization for FY2008 dues in the amount of $10,596.90. (Formerly Linn County Regional Planning Commission) 2. Public hearing regarding request to rezone property located at 241 13th Street from C-4, Warehouse/ Commercial to R-3, Two-Family Residential. (Frank Reynolds request) Continued from February 7, 2008 meeting. 3. Ordinance No. 08-02 amending the Codes of Ordinances regarding request to rezone property located at 241 13th Street from C-4, Warehouse/ Commercial to R-3, Two-Family Residential. (Frank Reynolds request, 111 19th Street) Initial consideration. 4. Motion to receive and file request to waive second and third readings of Ordinance No. 08-02 regarding request to rezone property located at 241 13th Street from C-4, Warehouse/ Commercial to R-3, Two-Family Residential. (Frank Reynolds, 111 19th Street) 5. Resolution No. _____ approving Revised Nottingham Hills Addition Preliminary Plat, located east of Newcastle Road, between Hampshire Drive and East Robins Road. (BBAK Investments) 6. Motion to receive and file and refer to the Planning and Zoning Commission a request to rezone property located south of East Robins Road, west of Newcastle Road from R-2, Single-Family Residential to PD-R, Planned Development Residential. (Midwest Development Co.) B. ENGINEERING (4:20 – 4:55) 1. Resolution No. _____ approving Partial Payment No. 17 to Shive Hattery Inc. for engineering services regarding the 29th Avenue Extension Project in the $29,794.46. 2. Resolution No. _____ approving Project Calendar related to the 2008 Sidewalk Assessment Project, as follows: a. Motion to receive and file Sidewalk Assessment Committee recommendations for 2008 projects. b. Motion to retain the City Engineer as Project Engineer for the 2008 Sidewalk Assessment Project. c. Resolution No. _____ approving the preliminary resolution pursuant to Chapter 384.42 of the Code of Iowa for the 2008 Sidewalk Assessment Project. d. Resolution No. _____ approving the proposed resolution of necessity and setting public hearing for the 2008 Sidewalk Assessment Project. 3. Motion to approve Project Calendar related to the 2008 McGowan Boulevard Paving Project – Phase I, as follows: a. Motion to retain the City Engineer as Project Engineer regarding the 2008 McGowan Boulevard Paving Project – Phase I. b. Resolution No. _____ approving Resolution of Necessity regarding the 2008 McGowan Boulevard Paving Project – Phase I. c. Resolution No. _____ ordering preparation of detailed plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost regarding the 2008 McGowan Boulevard Paving Project – Phase I. d. Resolution No. _____ approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost regarding the 2008 McGowan Boulevard Paving Project – Phase I. 4. Public hearing regarding the 2008 Brookside Drive Sanitary Sewer Project. 5. Resolution No. _____ accepting bids and awarding contract to Rathje Construction Co. regarding the 2008 Brookside Drive Sanitary Sewer Project in the amount of $335,156.75. 6. Discussion regarding request by Alliant Energy for the installation of overhead feeder line on 44th Street north of 10th Avenue. 7. Presentation regarding the Corridor Metropolitan Planning Organization (CMPO – formerly LCRPC, Linn County Regional Planning Commission) Sanitary Trunk Sewer Modeling Report. 8. Discussion regarding geothermal heating open loop systems (pump and dump). 9. Motion to receive and file and refer to TAC, as follows: a. Request for no parking on the west side of 16th Street north of 7th Avenue 50 feet. (Staff) b. Request for installation of stop signs at the intersection of 3rd Avenue and 18th Street. (Council Member Pazour at January 17th meeting) C. PUBLIC SERVICES (4:55 – 5:00) 1. Resolution No._________ approving purchase of replacement light fixtures for Public Services Department from Alliant Energy $12,221.31. D. BUILDING INSPECTION NONE. E. FINANCE 1. Motion to approve the minutes of the February 5, 7, and 9, 2008 City Council meetings. 2. Motion to approve bills as presented in the amount of $305,365.16. F. POLICE/FIRE (5:00 – 5:15) 1. Hearing related to liquor violation. (VIP, 648 8th Street) (Thursday) 2. Motion related to liquor violation. (VIP, 648 8th Street) (Thursday) 3. Ordinance No. 08-03 amending Chapter 120 of the Code of Ordinances relating to persons being upon licensed premises after closing and providing penalties. Second consideration. 4. Resolution No._______ approving the 2008 Addendum related to fee schedule for the 2001 contract with Marion Township. 5. Presentation regarding payment schedule related to the agreement with Area Ambulance Authority. G. PARKS NONE. H. ADMINISTRATION/OTHER (5:15 – 5:25) 1. Presentation by Karen Hoyt regarding the Art in the Depot project. 2. Discussion regarding resetting public hearing for FY 08-09 Budget. 3. Motion to approve project calendar regarding the 2005 City Hall Construction Project, as follows: a. Resolution No. _______ approving Change Order No. 7 from Kleiman Construction, Inc. regarding the 2005 City Hall Construction Project, decreasing project amount by $3,100.00. 4. Motion to receive and file report by MEDCO Director George Lake regarding MEDCO activities on February 5, 2008. 5. Motion to receive and file Departmental Monthly Reports for January 2008. 6. Mayoral appointments: 29th Avenue Sub Area Plan Advisory Committee. (Nick AbouAssaly - Planning Commission and _________Commercial Developer) Pledge of Allegiance. Roll Call. Citizen’s presentations, comments and/or petitions.CONSENT CALENDAR NOTE: The Consent Calendar includes routine items and will be enacted by one motion without separate discussion unless Council requests an item be removed to be considered separately. Motion to approve Consent Calendar, as follows: 1. Motion to receive and file Priorities Advisory Committee Capital Improvements Program recommendations. 2. Motion to approve the sale of an Engineering Department plotter to the Marion Water Department in the amount of $700.00. 3. Resolution No. 19738 authorizing purchase of engineering truck from Chezik-Bell Ford in the amount of $18,041.00 4. Motion to approve the minutes of the January 15, 17, and 19, 2008 City Council meetings. 5. Motion to approve bills as presented in the amount of $480,489.10. 6. Resolution No. 17939 approving renewal application for a Class C Liquor Permit with additional privilege for outdoor service, Sunday Sales and Catering for B & J Catering, Inc. dba Olde Indian Creeke Country Club. 7. Resolution No. 19740 approving renewal application for a Class C Liquor Permit with additional privilege for outdoor service and Sunday Sales for TEP, Inc. dba Cedar Rapids Bowling Center. 8. Resolution No. 19741 approving renewal application for a Class C Liquor Permit with additional privilege for outdoor service and Sunday Sales for Marion Post #298 The American Legion dba Marion Veterans Club. 9. Resolution No. 19742 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 Drugstore. 10. Resolution No. 19743 approving renewal application for a Class C Beer Permit with additional privilege for Carry Out Wine for Fareway Stores, Inc. dba Fareway Stores, Inc. #949. 11. Resolution No. 19744 approving renewal application for a Class C Liquor Permit with additional privilege for outdoor service and Sunday Sales for Libations, Inc. dba CT’s Bar & Grill. 12. Resolution No. 19745 approving renewal application for a Class C Beer permit with additional privilege for Carry Out Wine and Sunday Sales for Road Ranger, LLC dba Road Ranger #146. 13. Resolution No. 19746 approving renewal application for a Class C Beer Permit with additional privilege for Native Wine and Sunday Sales for Windmill Enterprises, LLC dba Foskel’s Food N Fuel. 14. Resolution No. 19747 approving a new application for a Class C Liquor Permit for Advanced Business Concepts, LLC dba Pitcher’s. (620 Lindale Drive) 15. Resolution No. 19748 approving payment to Moody’s Investors Service relating to the 2007 General Obligation Bond Issue in the amount of $8,275 16. Resolution No. 19749 setting public hearing for March 6, 2008 regarding the FY 08-09 budget. 17. Motion to receive and file revised cash flow for the period July 1, 2007 to June 30, 2008. 19. Motion to receive and file 2007 Fire Department Annual Report. 20. Motion to receive and file report regarding Governor’s Traffic Safety Bureau program and police patrol activities. 21. Resolution No. 19751 approving a renewal application for a special lunch permit allowing Cocktails permission to allow under age persons to enter their place of business for lunch during the hours of 11:00 and 3:00 p.m. 22. Resolution No. 19752 approving 28E Agreement with Patrol Officer Jason Schamberger regarding installation of a fence related to Police Department drug dog. 23. Resolution No. 19753 approving Partial Payment No. 1 to Linn County Conservation Board related to shared shooting range in the amount of $22,734.78. 24. Motion to receive and file request to mount informational monitor in south lobby. (Marion Chamber of Commerce) 25. Motion to receive and file letter of resignation from Bob Klostermann from the Historic Preservation Commission. A. PLANNING AND DEVELOPMENT 1. Public hearing regarding a Development Agreement with Russell E. Miller, M & E Investments, LLC and Iowa Health Physicians Clinic authorizing tax increment rebates and pledging certain tax increment revenues to the payment of the Agreement. (2998 7th Avenue) 2. Resolution No. 19754 approving Development Agreement with Russell E. Miller, M & E Investments, LLC and Iowa Health Physicians Clinic authorizing tax increment rebates and pledging certain tax increment revenues to the payment of the Agreement. (2998 7th Avenue) 3. Public hearing regarding request to rezone property located at 241 13th Street from C-4, Warehouse/ Commercial to R-3, Two-Family Residential (Frank Reynolds request). 4. Ordinance No. 08-02 amending the Codes of Ordinances regarding request to rezone property located at 241 13th Street from C-4, Warehouse/ Commercial to R-3, Two-Family Residential (Frank Reynolds request, 111 19th Street). Initial consideration. 5. Motion to receive and file request to waive second and third readings of Ordinance No. 08-02 regarding request to rezone property located at 241 13th Street from C-4, Warehouse/ Commercial to R-3, Two-Family Residential (Frank Reynolds, 111 19th Street) 6. Resolution No. 19755 approving the Final Plat and Memorandum of Agreement for Edgebrooke Sixth Addition in the City of Marion, Linn County, Iowa, located west of Beechwood Lane, north of Somerbrook Lane. (Midwest Development Co.) 7. Resolution No. 19756 approving the Final Plat and Memorandum of Agreement for Holub’s Second Addition to the City of Marion, Linn County, Iowa, located east of 31st Street, north of Munier Road. (Robin J. Holub)B. ENGINEERING 1. Motion authorizing staff to develop agreement regarding installation cost sharing for sidewalks along McGowan Boulevard east of 10th Street with Marion Christian Church, 1050 McGowan Boulevard. C. PUBLIC SERVICES 1. Motion authorizing Public Services Department to purchase additional salt/sand for FY 07-08. D. BUILDING INSPECTION NONE. E. FINANCE NONE. F. POLICE/FIRE 1. Resolution No. 19757 approving purchase of Police Department Mobile Data Computer Replacements from Vateck Communication Product in the amount of $84,791.50. 2. Ordinance No. 08-03 amending Chapter 120 of the Code of Ordinances relating to persons being upon licensed premises after closing and providing penalties. Initial consideration. G. PARKS NONE. H. ADMINISTRATION/OTHER 1. Mayoral appointments, as follows: Civil Service Commission - Fred Weber, 3005 16th Avenue 29th Avenue Sub Area Plan Advisory Committee – no terms Craig Adamson, City Council Representative I. Project calendar regarding VIP liquor license violation, as follows: 1. Hearing related to liquor license violation. (VIP, 648 8th Street) 2. Motion related to liquor license violation. (VIP, 648 8th Street) J. Council Discussion. K. Adjourn.CITY OF MARION TENTATIVE CITY COUNCIL AGENDA – Tuesday, February 5, 2008 - 4:00 P.M.A. PLANNING AND DEVELOPMENT (4:00 – 4:30) 1. Public hearing regarding a Development Agreement with Russell E. Miller, M & E Investments, LLC and Iowa Health Physicians Clinic authorizing tax increment rebates and pledging certain tax increment revenues to the payment of the Agreement. (2998 7th Avenue) 2. Resolution No. _____ approving Development Agreement with Russell E. Miller, M & E Investments, LLC and Iowa Health Physicians Clinic authorizing tax increment rebates and pledging certain tax increment revenues to the payment of the Agreement. (2998 7th Avenue) 3. Public hearing regarding request to rezone property located at 241 13th Street from C-4, Warehouse/ Commercial to R-3, Two-Family Residential (Frank Reynolds request). 4. Ordinance No. _____ amending the Codes of Ordinances regarding request to rezone property located at 241 13th Street from C-4, Warehouse/ Commercial to R-3, Two-Family Residential (Frank Reynolds request, 111 19th Street). Initial consideration. 5. Motion to receive and file request to waive second and third readings of Ordinance No. _____ regarding request to rezone property located at 241 13th Street from C-4, Warehouse/ Commercial to R-3, Two-Family Residential (Frank Reynolds, 111 19th Street) 6. Resolution No. _____ approving the Final Plat and Memorandum of Agreement for Edgebrooke Sixth Addition in the City of Marion, Linn County, Iowa, located west of Beechwood Lane, north of Somerbrooke Lane. (Midwest Development Co.) 7. Resolution No. _____ approving the Final Plat and Memorandum of Agreement for Holub’s Second Addition to the City of Marion, Linn County, Iowa, located east of 31st Street, north of Munier Road. (Robin J. Holub) 8. Motion to receive and file Priorities Advisory Committee Capital Improvements Program recommendations. 9. Discussion regarding annexation issues.B. ENGINEERING (4:30 – 4:40) 1. Discussion regarding sidewalk installation along McGowan Boulevard at the Marion Christian Church, 1050 McGowan Boulevard. 2. Motion to approve the sale of an Engineering Department plotter to the Marion Water Department in the amount of $700.00. 3. Resolution No. _____ authorizing purchase of engineering truck from Chezik-Bell Ford in the amount of $18,041.00C. PUBLIC SERVICES NONE. D. BUILDING INSPECTION NONE. E. FINANCE (4:40 – 4:45) 1. Motion to approve the minutes of the January 15, 17, and 19, 2008 City Council meetings. 2. Motion to approve bills as presented in the amount of $480,489.10. 3. Resolution No. _____ approving renewal application for a Class C Liquor Permit with additional privilege for outdoor service, Sunday Sales and Catering for B & J Catering, Inc. dba Olde Indian Creeke Country Club. 4. Resolution No. _____approving renewal application for a Class C Liquor Permit with additional privilege for outdoor service and Sunday Sales for TEP, Inc. dba Cedar Rapids Bowling Center. 5. Resolution No. _____ approving renewal application for a Class C Liquor Permit with additional privilege for outdoor service and Sunday Sales for Marion Post #298 The American Legion dba Marion Veterans Club. 6. Resolution No. _____ 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 Drugstore. 7. Resolution No. ______ approving renewal application for a Class C Beer Permit with additional privilege for Carry Out Wine for Fareway Stores, Inc. dba Fareway Stores, Inc. #949. 8. Resolution No. ______approving renewal application for a Class C Liquor Permit with additional privilege for outdoor service and Sunday Sales for Libations, Inc. dba CT’s Bar & Grill. 9. Resolution No. _____ approving renewal application for a Class C Beer permit with additional privilege for Carry Out Wine and Sunday Sales for Road Ranger, LLC dba Road Ranger #146. 10. Resolution No. _____ approving renewal application for a Class C Beer Permit with additional privilege for Native Wine and Sunday Sales for Windmill Enterprises, LLC dba Foskel’s Food N Fuel. 11. Resolution No. ______ approving a new application for a Class C Liquor Permit for Advanced Business Concepts, LLC dba Pitcher’s. (680 Lindale Drive) 12. Resolution No. ______ approving payment to Moody’s Investors Service relating to the 2007 General Obligation Bond Issue in the amount of $8,275 13. Resolution No. ______ setting public hearing for March 6, 2008 regarding the FY 08-09 budget. 14. Motion to receive and file revised cash flow for the period July 1, 2007 to June 30, 2008. 15. Resolution No. _____ approving payment to Dorsey & Whitney for services related to the General Obligation Bond Issued for $5,000,000 in the amount of $9,791.40. F. POLICE/FIRE (4:45 – 5:15) 1. Motion to receive and file
MARION CITY COUNCIL REGULAR MEETING
Roll Call.
a. Resolution No. ______ approving Partial Payment 2 to East Central Iowa Council of Governments for completion of an updated 2008 Housing Needs Assessment in the amount of $735.00.
MARION CITY COUNCIL REGULAR MEETING
Roll Call.
MARION CITY COUNCIL REGULAR MEETING
Roll Call.
b. Resolution No. 19818 approving Partial Payment No. 18 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Petroleum Substances) in the amount of $420.00.
c. Resolution No. 19819 approving Partial Payment No. 18 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Hazardous Substances) in the amount of $614.50.
d. Resolution No. 19820 approving Partial Payment No. 23 to Howard R. Green Company for services related to the 2005 EPA Brownfield Cleanup Grant in the amount of $1,604.00.
9. Motion to approve the minutes of the March 18 and 20, 2008 City Council meetings.
b. Resolution No. 19833 approving retainer agreements with City Attorney and Assistant City Attorneys for the period July 1, 2008 through June 30, 2009.
c. Resolution No. 19834 setting public hearing for May 15, 2008 regarding FY 07-08 budget amendment.
d. Motion setting special City Council meeting for June 26, 2008 at 4:00 p.m. for approval of year-end bills.
a. Resolution No.________ approving Partial Payment No. 3 to Howard R. Green Company for services related to the 2007 EPA Brownfield Cleanup Grant in the amount of $3,559.50.
b. Resolution No._______ approving retainer agreements with City Attorney and Assistant City Attorneys for the period July 1, 2008 through June 30, 2009.
c. Resolution No._______ setting public hearing for May 15, 2008 regarding FY 07-08 budget amendment.
d. Motion setting special City Council meeting for June 26, 2008 at 4:00 p.m. for approval of year-end bills.
MARION CITY COUNCIL REGULAR MEETING
b. Resolution No. 19801 approving Partial Payment No. 1 to East Central Iowa Council of Governments for completion of an updated 2008 Housing Needs Assessment in the amount $735.00.
Thursday, March 6, 2008 - 7:00 p.m.
Council Chambers – 1225 6th AvenueThis meeting is being tape recorded. If you wish to address the City Council, please go to the lectern, wait to be recognized by the Mayor and state your name and address before making any comments.
a. Resolution No. 19783 adopting a schedule of fees for the International Building Code, 2006 edition and International Residential Code, 2006 Edition.
b. Resolution No.________ adopting a schedule of fees for the International Plumbing Code, 2006 Edition.
c. Resolution No.________ adopting a schedule of fees for the International Mechanical Code, 2006 Edition.
d. Resolution No.________ adopting a schedule of fees for the National Electrical Code, 2005 Edition and International Code Council Electrical Code-Administrative Provisions, 2003 Edition.
AGENDA
MARION CITY COUNCIL REGULAR MEETING
b. Resolution No. 19759 approving Partial Payment No. 22 to Howard R. Green Company for services related to the 2005 EPA Brownfield Cleanup Grant in the amount of 391.00.
d. Resolution No. 19761 approving Partial Payment No. 17 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Hazardous Substances) in the amount of $2,778.50.
e. Resolution No. 19762 approving Partial Payment No. 38 to East Central Iowa Council of Governments for Administration of the 2003 Housing Rehabilitation Grant Program in the amount of $1,519.00. f. Resolution No. 19763 approving payment to the Corridor Metropolitan Planning Organization for FY2008 dues in the amount of $10,596.90. (Formerly Linn County Regional Planning Commission)
b. Resolution No. 19769 accepting the 2005 City Hall Construction Project and approving final payment in the amount of $211,127.67.
CITY OF MARION
A. PLANNING AND DEVELOPMENT (4:00 – 4:20)
b. Resolution No._______ accepting the 2005 City Hall Construction Project and approving final payment in the amount of $211,127.67.
AGENDA
MARION CITY COUNCIL REGULAR MEETING
Thursday, February 7, 2008 - 7:00 p.m.
Council Chambers – 1225 6th Avenue
This meeting is being tape recorded. If you wish to address the City Council, please go to the lectern, wait to be recognized by the Mayor and state your name and address before making any comments.Call to Order.
18. Resolution No. 19750 approving payment to Dorsey & Whitney for services related to the General Obligation Bond Issued for $5,000,000 in the amount of $9,791.40.
term expires 04-01-10.
Frank Bellon, Residential Developer
Dave Nicholson, Linn Mar School
Bill Bogert – MEDCO
JD Schlotterback – Chamber
Rick Krusie – Resident
Drew Westburg – Corridor MPO Representative
Terry Jackson – Fire Department
Kirk Weih – Property Owner