November 17, 2005
The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, November 17, 2005, at 7:00 p.m. in the council chambers of City Hall with Mayor Nieland presiding and the following council members present: Cram, Wagner, Rehn, Lammers, Pazour, and Adamson. Absent: None.
The meeting was opened with the Pledge of Allegiance led by Boy Scout Pack 158.
Mayor Nieland presented a plaque to former Council Member Lou Stark in appreciation for his service to the City of Marion.
Mayor Nieland administered the Oath of Office to Ward Four Council Member Craig Adamson.
Paul Draper, 4670 Fairways Court, representing Ensuring Marion’s Future, spoke opposing expansion of the landfill.
Bill Humbert, 3765 Windemere Way, spoke opposing expansion of the landfill. Mr. Humbert showed a powerpoint presentation regarding the landfill expansion. He presented the resume of Richard Bice, member of the Cedar Rapids/Linn County Landfill Board, and a site development plan for the Cedar Rapids/Linn County Landfill Site #2. Moved by Rehn, seconded by Pazour to receive and file the documents from Bill Humbert. All in favor, motion carried.
Ed Mulholland, 2880 Silver Oak Trail, spoke opposing the landfill expansion. He presented a copy of his comments. Moved by Rehn, seconded by Pazour to receive and file the document from Ed Mulholland. All in favor, motion carried.
Charles Kress, 2745 Heather View Circle, stated that he is the Treasurer of Ensuring Marion’s Future. He stated that they are looking for alternatives to the landfill issue. He presented an excerpt from the United States Code regarding solid waste disposal. He also reminded Council that Dr. Leo Circeo will speak on November 21st and 22nd regarding plasma torch technology. Moved by Rehn, seconded by Pazour to receive and file the information presented by Charles Kress. All in favor, motion carried.
Steve Williams, 640 Telluride Trail, stated that compromise is not appropriate in regard to the landfill expansion issue.
Dave Bowser, 2705 16th Avenue, expressed concern with the filling near the bridge on 8th Avenue.
Bill Copper, 1055 Edwin Drive, stated that he owns property that adjoins the landfill. He urged Council not to negotiate with the current Cedar Rapids City Council.
Bob Copper, 2265 Daleview Drive, stated that he is opposed to any expansion of the landfill. He stated that Marion officials should not negotiate.
Karen Lumsden, 3415 25th Avenue, spoke regarding new technology available to deal with the landfill issue. She presented information regarding landfill issues. Moved by Rehn, seconded by Pazour to receive and file the information from Karen Lumsden. All in favor, motion carried.
Frank Reynolds, 111 19th Street, spoke opposing any compromise on the landfill issue.
Resolution No. 18508 providing for the sale and issuance of $3,300,000 General Obligation Corporate Purpose Bonds, Series 2005, and providing for the levy of taxes to pay the same was read by Rehn. Moved by Rehn, seconded by Lammers to approve Res. No. 18508. Tionna Reed Pooler, Senior Managing Consultant with Public Financial Management, presented the report regarding the bond bids. All in favor, motion carried.
Moved by Lammers, seconded by Pazour to approve the consent calendar as follows:
Motion to approve Project Calendar regarding Planning and Development payments, as follows:
a. Resolution No. 18487 approving Payment No. 6 related to Housing Rehabilitation Grant – Project No. 5 to AEC in the amount of $18,623.00.
b. Resolution No. 18488 approving Payment No. 6 related to Housing Rehabilitation Grant – Project No. 4 to AEC in the amount of $14,300.00.
c. Resolution No. 18489 approving Partial Payment No. 3 to Flat Earth Planning related to updating zoning ordinance in the amount of $160.00.Resolution No. 18490 setting public hearing for December 1, 2005 regarding an amendment to the Future Land Use Map from Urban Residential to Commercial and Preliminary Site Development Plan for R.E.C. Second Addition, located west of Highway 13, between 29th Avenue and REC Drive (Linn County REC).
Motion to receive and file request to encroach in city right-of-way for a community mailbox enclosure, located on the north side of Grand Avenue south of Creekbend Drive (Creekside Developers, LLC).
Motion to approve request for waiver of subdivision requirements to allow the transfer of property by Plat of Survey, located at the northwest corner of Alburnett Road and County Home Road (Brain Engineering/Burns Farm).
Resolution No. 18491 stating no objection to voluntary annexation within the two-mile extraterritorial jurisdiction from Linn County to the City of Cedar Rapids for property located east of East Post Road south of Lakeside Drive (Gregory and Jennifer McSweeny).
Resolution No. 18492 approving a contract with Anderson-Bogert Engineering for engineering services regarding the 2006 9th Street/14th Avenue Storm Sewer Reconstruction Project – Phase III in the amount not to exceed $11,086.00.
Resolution No. 18493 approving the installation of stop signs northbound on Robinwood Lane and southbound on Chestnut Lane at Prairie Ridge Avenue.
Motion to receive and file correspondence related to street improvements assessments (Ridgewood L.L.C.).
Motion to approve the minutes of the October 31, November 1 and 3, 2005 City Council meetings.
Motion to approve bills as presented in the amount of $1,338,014.65.
Resolution No. 18494 approving renewal application for a Class C Liquor permit with additional privilege for Sunday Sales for Dumas’s L.C. dba Dumas’s.
Resolution No. 18495 approving renewal application for a Class C Liquor permit with additional privilege for Sunday Sales, catering and outdoor sales for Naso’s Pizza, Inc. dba Naso’s Pizza Marion.
Resolution No. 18496 approving final payment to Clifton Gunderson related to auditing services for FY 04-05 in the amount of $6,450.
Motion to receive and file Library Annual Report.
Motion to receive and file election canvas from the Linn County Auditor.
Motion to approve Project Calendar regarding the 2005 City Hall Construction Project, as follows:
a. Resolution No. 18497 approving Partial Payment No. 1 to Kleiman Construction related to the 2005 City Hall Construction Project in the amount of $217,001.85.
b. Resolution No. 18498 approving Partial Payment No. 1 to Terracon Consultants, Inc. related to the 2005 City Hall Construction Project in the amount of $3,013.30.Motion to receive and file correspondence regarding landfill negotiations (John Vernon, 4011 10th Street; Mark Hazlett, 4493 Mallard Court, Charles Kress, 2745 Heather View Circle).
Resolution No. 18499 approving agreement with Aon Consulting for review of health insurance plan design and utilization, pre-renewal scrub and benefit plan marketing and related services (Joint purchase with City of Cedar Rapids and Linn County).
Resolution No. 18500 rescinding Resolution No. 18479 dated November 3, 2005 and approving revised Utility License Agreement for Duane Arnold Energy Center Sirens with Interstate Power and Light Company.
Motion to receive and file request to purchase discarded computer (Maryann Shinrock).
Motion to receive and file Departmental Monthly Reports for October 2005.
Motion to receive and file resignation of Jeremy Bleeker from CIPA Committee.
All in favor of motion to approve the consent calendar, motion carried.
Ordinance No. 05-36 amending Section 276.38 – Major Streets of the Code of Ordinances eliminating 50th Street designation as a collector street north of 29th Avenue was read by Pazour for final consideration. Moved by Pazour, seconded by Lammers to approve the third reading of Ord. No. 05-36. All in favor, motion carried.
Ordinance No. 05-37 amending the Code of Ordinances 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 Code of Ordinance (City Initiated) was read by Adamson for final consideration. Moved by Adamson, seconded by Rehn to approve the third reading of Ord. No. 05-37. All in favor, motion carried.
Mayor Nieland opened the public hearing regarding submittal of an application to the Iowa Department of Economic Development Housing Fund and the city commitment of $24,000 as matching funds. Lisa-Marie Garlich, Community Development Planner with the Eastern Iowa Council of Governments, was present to explain the proposed housing rehabilitation project. She explained that the City of Marion completed a Housing Needs Assessment and Action Plan in September 2002. The assessment contained data that illustrated the need for a rehabilitation program. A windshield survey conducted in March 2002 documented that approximately 800 of the homes surveyed were in need of minor or major repairs. As a result of these findings one of the highest priorities/recommendations of the Action Plan was to submit a grant application to receive funds for an owner-occupied housing rehabilitation program. The City was awarded funds in 2004 to rehabilitate 10 homes. This process is still continuing. From this project it was determined that there was quite an interest in the program: 60 pre-applications were received. Because of this, the city decided to apply for funds again for 2006. Rehabilitation activities will be funded with $214,234 in federal funds and $24,000 in local monies. The total funds for the rehabilitation project are $238,234. Project costs include, rehabilitation ($149,994), lead based paint activity ($55,260), as well as general and direct administration ($32,980). The application will be submitted by 4:30 p.m. on December 7, 2005 to the Iowa Department of Economic Development. The amount of federal funds to be requested is $214,234. 100 percent of the funds will benefit households with incomes at or below 80 percent of the median income level. Rehabilitation project activities will be located within the targeted area designated by the City’s TIF Committee and Council which falls within the heart of the corporate limits of Marion. The targeted area was created from the results of the recent windshield survey of the homes in the entire city. The targeted area consists of the homes located within the area bordered by McGowan Boulevard to the north, 31st Street to the east, 1st Avenue to the south, then running along Indian Creek to the west. With the lead based paint hazard reduction activities required with this year’s funding, money has been budgeted to assist homeowners who may be temporarily relocated from their homes as part of the project. The total amount budgeted is $36,000 for a daily stipend, moving expenses, and storage of property. The amount will be allocated as each project requires. Those who are required to be temporarily relocated will be asked to find housing that is Lead Safe for which to be relocated until the rehabilitated home has passed clearance. The City will pay up to five days of relocation funds and reimburse the rest of the funds once the full amount of days out of the house is known. If the homeowner is to enter the home during relocation activity, funds are not awarded. The project will provide for the rehabilitation of six owner-occupied houses within the target area in the City of Marion. Home health and safety deficiencies will be eliminated resulting in decent, safe, and affordable housing. Rehabilitation activities include electrical, plumbing, mechanical, siding, roofs, windows, lead-based paint, and asbestos removal. Eligible households must meet the Housing Fund income guidelines. The home to be assisted must be their principal residence and property insurance on the home is required. Maximum federal dollars to be spent per unit for rehabilitation costs assistance is $24,999. The federal funds will be secured by a five-year forgivable loan. Mayor Nieland noted that this project improves the lives of the citizens and is very important. No other comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Resolution No. 18501 authorizing submittal of an application to the Iowa Department of Economic Development Housing Fund and the city commitment of $24,000 as matching funds was read by Cram. Moved by Cram, seconded by Wagner to approve Res. No. 18501. All in favor, motion carried.
Ordinance No. 05-39 changing the name of 35th Avenue to Tower Terrace Road was read by Wagner for initial consideration. Moved by Wagner, seconded by Lammers to approve the first reading of Ord. No. 05-39. All in favor, motion carried.
Resolution No. 18502 approving deferral of sidewalk requirements at 1308 1st Avenue (Frank Reynolds, 111 19th Street) was read by Rehn. Moved by Rehn, seconded by Cram to approve Res. No. 18502. Frank Reynolds, 111 19th Street, stated that the buyer of the property plans to install the sidewalk next summer. Mayor Nieland stated that the sidewalk will need to be installed by June 1, 2006. All opposing, motion failed.
Moved by Lammers, seconded by Rehn to direct staff to prepare Urban Revitalization District for property located at 1080 East Post Road (F. S. Investment – Doreen Zumwalt). All in favor, motion carried.
Moved by Lammers, seconded by Wagner to approve Project Calendar regarding Brownfield Assessment Grant, as follows:
a. Resolution No. 18503 authorizing the Department of Planning and Development to prepare a Brownfield Assessment Grant to investigate petroleum materials and file it with the Environmental Protection Agency.
b. Resolution No. 18504 authorizing the Department of Planning and Development to prepare a Brownfield Assessment Grant to investigate hazardous materials and file it with the Environmental Protection Agency.
c. Resolution No. 18505 in support of United States Environmental Protection Agency (EPA) Brownfield Clean-up Grant Application.
d. Resolution No. 18506 approving contract with Howard R. Green Company related to preparation of Brownfield Assessment Grant and Brownfield Clean-Up Grant applications not to exceed an amount of $6,000.00.
All in favor of motion to approve the Project Calendar, motion carried.
Moved by Pazour, seconded by Rehn to receive and file correspondence related to development agreement (Rapids Wholesale Equipment Company). All in favor, motion carried.
Moved by Adamson, seconded by Pazour to direct staff to notify residents regarding parking restrictions on B, C, D and E Avenues between South 12th and South 14th Streets. Larry Hansen, 1235 B Avenue, noted that the homeowners on B Avenue oppose parking restrictions. All in favor, motion carried.
Resolution No. 18507 resetting public hearing for December 1, 2005 regarding sex offenders residency requirements was read by Cram. Moved by Cram, seconded by Wagner to approve Res. No. 18507. All in favor, motion carried.
Ordinance No. 05-38 relating to the definition of nuisances relating to gambling devices was read by Wagner for final consideration. Moved by Wagner, seconded by Pazour to approve the third reading of Ord. No. 05-38. All in favor, motion carried.
Mayor Nieland recommended the appointment of Jennifer Bleeker, 2254 5th Avenue, to CIPA Committee. Moved by Rehn, seconded by Pazour to concur with the Mayor’s recommendation. All in favor, motion carried.
Council Discussion Time:
Mayor Nieland noted that a District Court Judge will swear in the newly elected Council Members at the January 5, 2006 Council meeting. Coffee and cake will be served from 6:30 to 7:00 p.m.
Council Member Cram stated that he drove by Bluestem Site #2 and remarked on the lack of screening
Council Member Rehn suggested that the media remind pet owners to keep their animals on their own property for the safety of the animal. He stated that he has noticed a number of dogs at large recently.
City Manager Jeff Schott stated that Craig Adamson submitted a letter of resignation from the Planning and Zoning Commission. Moved by Pazour, seconded by Rehn to receive and file the letter. All in favor, motion carried.
Mayor Nieland noted that the City has received four signs regarding the Marion Cultural and Entertainment District. Businesses in the district may be eligible for tax credits.
City Manager Jeff Schott reminded Council of the Goal Setting meeting on Monday, November 21st at 3:00 p.m. Mr. Schott also reminded Council of the presentations on Monday regarding the plasma torch technology.
Mayor Nieland adjourned the meeting at 8:33 p.m.
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John B. Nieland, Mayor
Attest:
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Beth J. Little, Assistant City Clerk