October 6, 2005
The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, October 6, 2005, at 7:00 p.m. in the council chambers of City Hall with Mayor Nieland presiding and the following council members present: Cram, Wagner, Rehn, Lammers, Pazour, and Stark. Absent: None.
The meeting was opened with the Pledge of Allegiance led by Council Member Stark.
Steve Zeets, 930 Keyes Court, spoke regarding installation of children at play signs in the Keyes Court area. Council Member Lammers noted that two additional speed limit signs would be installed instead of the children at play signs. City Manager Jeff Schott suggested that Mr. Zeets meet with City Engineer Dan Whitlow. Police Chief Harry Daugherty noted that there has only been one accident reported on Keyes Court in the past seven years. That accident involved a motorcycle that lost control due to sand on the streets.
Moved by Rehn, seconded by Pazour to approve the consent calendar as follows:
Motion to approve Project Calendar regarding Planning and Development Department payments as follows:
a. Resolution No. 18404 approving Partial Payment No. 9 to East Central Iowa Council of Government for administrative services related to the Housing Rehabilitation Program in the amount of $1,920.00.
b. Resolution No. 18405 approving final payment to East Central Iowa Council of Government for administrative services related to the Federal Emergency Management Agency Buyout Program in the amount of $1,125.00.
c. Resolution No. 18406 approving payment to Affordable Hazards Removal for services associated with the Federal Emergency Management Agency Buyout Program in the amount of $1,497.00.
d. Resolution No. 18407 approving payment to Linn County Treasurer for taxes for 1120 3rd Street associated with the Federal Emergency Management Agency Buyout Program in the amount of $606.00.
e. Resolution No. 18408 approving final payment to HACAP for services related to the Lead Hazard Mitigation Program in the amount of $13,045.63.
f. Resolution No. 18409 approving Partial Payment No. 1 to Flat Earth Planning relating to updating zoning ordinance in the amount of $550.00.
g. Resolution No. 18410 approving Partial Payment No. 19 to Howard R. Green Company for services related to Brownfield Assessment Grant in the amount of $9,243.25.
Resolution No. 18411 setting public hearing for October 20, 2005 regarding amendment to Section 176.38 - Major Streets of the Code of Ordinances eliminating 50th Street designation as a collector street north of 29th Avenue.
Motion to receive and file request to purchase city-owned property at the southeast corner of Alburnett Road and Boyson Road (Arlette and Steve Deines, 330 Alburnett Road).
Resolution No. 18412 approving waiver of Subdivision Ordinance regarding filing Plat of Survey for property located west of North 10th Street north of 34th Avenue, extending Barrington Parkway westerly (Mooney-Engle Land Company, LLC).
Resolution No. 18413 approving service agreement with East Central Iowa Council of Governments for preparation and submittal of Community Development Block Grant Housing Fund Application for Owner-Occupied Housing Rehabilitation.
Resolution No. 18414 setting public hearing for October 20, 2005 regarding rezoning of property located south of County Home Road east and west of Highway 13 from Linn County A, Agricultural; A-F, Agricultural Farmstead Overlay, I-1, Light Industrial; OT, Office-Transitional and A-R-5A, Agricultural/Residential Sub-District Five Acre Lots to Marion A-1, Rural Restricted per Section 176.07-7(A) of the Marion Zoning Ordinance (City initiated).
Motion to receive and file Stonefield Fourth Addition Final Plat, located west of North 10th Street north of 34th Avenue, extending Barrington Parkway westerly (Mooney-Engle Land Company, LLC).
Motion to approve Project Calendar regarding Engineering Department payments as follows:
a. Resolution No. 18415 approving Partial Payment No. 1 to Curtis Contracting Corp regarding the 2005 Sidewalk Assessment Project in the amount of $28,856.72.
b. Resolution No. 18416 approving Partial Payment No. 1 to Eastern Iowa Excavating and Concrete, LLC regarding the 2005 11th Street/13th Avenue Storm Sewer Repair Project in the amount of $48,643.09.
c. Resolution No. 18417 approving Partial Payment No. 1 to Connolly Construction Inc. regarding the 2005 Squaw Creek Channel Improvement Project in the amount of $97,867.66.
d. Resolution No. 18418 approving Partial Payment No. 1 to Linn County regarding the 2005 Digital Orthophoto/Two Foot Contour Update in the amount of $20,076.50.
Resolution No. 18419 accepting the 2005 Squaw Creek Channel Improvement Project.
Resolution No. 18420 accepting the 2005 Sidewalk Assessment Project.
Motion authorizing City Engineer to solicit proposals from Anderson-Bogert Engineering for engineering services regarding the 2006 9th Street/14th Avenue Storm Sewer Project – Phase III.
Motion to receive and file and refer to TAC request for four handicapped parking spaces on the west side of 12th Street between east/west alley and 8th Avenue, Sundays only (Rev. Howard Chapman, First Presbyterian Church).
Motion to receive and file report regarding alternative treatments on brick streets.
Resolution No. 18421 approving purchase of dump box and two snow plows from Henderson Equipment Co., Manchester, Iowa in the amount of $30,562.
Motion to approve the minutes of the September 13 and 15, 2005 City Council meetings.
Motion to approve bills as presented in the amount of $786,273.62.
Resolution No. 18422 approving renewal application for a Class C Beer permit with additional privilege for Sunday Sales for Cigarette Outlet, Inc. dba Cigarette Outlet #10.
Resolution No. 18423 approving renewal application for a Class C Beer permit with Class C Wine permit as an additional privilege for ALDI, Inc. dba ALDI, Inc. #1.
Resolution No. 18424 accepting waiver of hearing and consent to alcohol violation penalty/settlement agreement for Zio Johno’s for citation issued January 22, 2005.
Resolution No. 18425 authorizing Finance Director to remit abatement of property taxes per Iowa Code to Lois C. Batson, 2018 County Home Road.
Resolution No. 18426 approving Partial Payment No. 1 to Clifton Gunderson LLP for FY 04-05 audit services in the amount of $14,175.00.
Motion to approve Project Calendar regarding Lowe Park Art and Environment Center, as follows:
a. Resolution No. 18427 approving Change Order No. 3 to Miron Construction for Lowe Park Art and Environment Center in the amount of a deduct of $2,117.
b. Resolution No. 18428 approving Change Order No. 4 to Miron Construction for Lowe Park Art and Environment Center in the amount of an increase of $5,555.00.
c. Resolution No. 18429 approving Partial Payment No. 2 to Miron Construction Co., Inc. for Lowe Park Art and Environment Center in the amount of $211,239.86.
d. Resolution No. 18430 approving Partial Payment No. 3 to Miron Construction Co., Inc. for Lowe Park Art and Environment Center in the amount of $137,945.70.
Resolution No. 18431 authorizing the Parks and Recreation Director to submit Branching Out (Alliant Energy) Tree Grant Application in the amount of $10,000.00.
Resolution No. 18432 authorizing the Parks and Recreation Director to submit Trees Please! (MidAmerican Energy) Tree Grant Application in the amount of $1,500.00.
Motion to approve Project Calendar regarding the New City Hall Project, as follows:
a. Resolution No. 18433 approving Change Order No. 4 for Iowa Illinois Taylor Insulation reducing the amount by $7,040.00.
b. Resolution No. 18434 accepting project by Active Thermal Concepts related to 2005 City Hall Construction Project and authorizing final payment in the amount of $1,134.65.
All in favor of motion to approve the consent calendar, motion carried.
Ordinance No. 05-28 amending the Code of Ordinances regarding the rezoning of property located north of Marion Boulevard west of Keyes Court from R-5, Moderate Density Multiple-Family Residential to C-3, General Commercial, with conditions, (Hames Properties, LLC) was read by Lammers for final consideration. Moved by Lammers, seconded by Stark to approve the third reading of Ord. No. 05-28. All in favor except Lammers, motion carried.
Ordinance No. 05-29 amending Code of Ordinances regarding the rezoning of property located between 29th Avenue and 35th Avenue, east and west of 44th Street from Linn County A, Agricultural to R-2, Medium Density Single-Family Residential and R-4, Four-Family Residential, as amended, (Hanzac, L.L.P.) was read by Pazour for final consideration. Moved by Pazour, seconded by Stark to approve the third reading of Ord. No. 05-29. All in favor except Wagner, motion carried.
Ordinance No. 05-34 establishing Community Center Urban Revitalization Area was read by Stark for second consideration. Moved by Stark, seconded by Wagner to approve the second reading of Ord. No. 05-34. All in favor, motion carried.
Ordinance No. 05-35 establishing 12th Street as an Urban Revitalization Area was read by Cram for second consideration (Custom Cabinets, 295 12th Street). Moved by Cram, seconded by Lammers to approve the second reading of Ord. No. 05-35. All in favor, motion carried.
Resolution No. 18435 approving Hunters Ridge Fifteenth Addition Preliminary Plat, located east of Winslow Road south of Winslow Heights Addition (Hunters Ridge Development, LLC) was read by Wagner. Moved by Wagner, seconded by Cram to approve Res. No. 18435. All in favor, motion carried.
Resolution No. 18436 approving Memorandum of Agreement and Final Plat for Hunters Ridge Fifteenth Addition, located east of Winslow Road south of Winslow Heights Addition (Hunters Ridge Development, LLC) was read by Rehn. Moved by Rehn, seconded by Wagner to approve Res. No. 18436. All in favor, motion carried.
Moved by Lammers, seconded by Pazour to direct staff to prepare for additional study and planning in the area east of Indian Creek Road north of 29th Avenue as it relates to the Comprehensive Plan (Planning and Zoning Commission recommendation). All in favor, motion carried.
Resolution No. 18437 authorizing submittal of application to the Iowa Brownfield Redevelopment Program for assistance with the Central Corridor Brownfield Redevelopment area and authorizing the Mayor and City Clerk to sign documents as part of this submission was read by Pazour. Moved by Pazour, seconded by Rehn to approve Res. No. 18437. All in favor, motion carried.
Moved by Stark, seconded by Rehn to receive and file TAC report regarding correspondence concerning 34th Avenue (Kevin and Helen Wagner, 765 34th Avenue). All in favor, motion carried.
Resolution No. 18438 approving purchase of televising sewer van upgrades from Ques in the amount of $47,650 was read by Cram. Moved by Cram, seconded by Rehn to approve Res. No. 18438. All in favor, motion carried.
Mayor Nieland opened the public hearing regarding sale of city hall building to Farmers State Bank. City Manager Jeff Schott presented the staff report. Council discussed possible removal of the painting in the Water Department area. No other comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Resolution No. 18439 approving sale of city hall building to Farmers State Bank was read by Wagner. Moved by Wagner, seconded by Pazour to approve Res. No. 18439. All in favor, motion carried.
Moved by Rehn, seconded by Lammers to authorize flying of United Nations Flag at City Hall on October 24, 2005. Dan Abolins, 630 Telluride Trail, spoke opposing flying the United Nations flag at City Hall. All opposed, motion failed.
Mayor Nieland recommended appointments regarding length of term for Ambulance Governance Board Members as follows:
Mayor pro tem Paul Rehn - One year
City Manager Jeff Schott - Two years
Moved by Wagner, seconded by Lammers to concur with the Mayor’s recommendations. All in favor, motion carried.
Mayor Nieland recommended the following appointments to the Priority Advisory Committee:
Tom Funk, 2905 26th Avenue - Ward 2 Representative
Tom Lammers, 2820 2nd Avenue - Ward 3 Representative
Brian Bartz, 777 S. 15th Street - Marion Independent Schools
Katie Mulholland, 2880 Silver Oak Trail - Linn-Mar Schools
Greg Hapgood, 1180 F Avenue - Marion Water Board
Tom Padley, 2860 23rd Avenue - Public Services Board
Leah Rodenberg, 2390 Acacia Court - Ward 4 Representative
Moved by Rehn, seconded by Wagner to concur with the Mayor’s recommendations. All in favor, motion carried.
Council Discussion Time:
Council Member Pazour expressed concern with Starry School parents parking on South 15th Street waiting for their children. She stated that it would be difficult to get an emergency vehicle through in case of an emergency.
City Manager Jeff Schott noted that Pat Callahan has accepted the City Administrator position in Anamosa beginning January 1st, 2006, but he will still be available to facilitate goal setting in November.
Council Member Lammers asked about the upcoming local elections.
Council Member Pazour asked about the green landscape spray used by contractors.
Mayor Nieland adjourned the meeting at 7:31 p.m.
__________________________
John B. Nieland, Mayor
Attest:
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Beth J. Little, Assistant City Clerk