January 5, 2006

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, January 5, 2006, at 7:00 p.m. in the council chambers of City Hall with Mayor Nieland presiding and the following council members present:  Cram, Wagner, Rehn, Lammers, Pazour, and Adamson.  Absent:  None.

The meeting was opened with the Pledge of Allegiance.

The Honorable Fae Hoover-Grinde, Associate District Court Judge, administered the Oath of Office to Park Board Member Charles Kress.

The Honorable Fae Hoover-Grinde, Associate District Court Judge, administered the Oath of Office to Ward Two Council Member Paul Rehn.

The Honorable Fae Hoover-Grinde, Associate District Court Judge, administered the Oath of Office to Council Member At-Large Mary Lou Pazour.

The Honorable Fae Hoover-Grinde, Associate District Court Judge, administered the Oath of Office to Ward Four Council Member Craig Adamson.

Mayor Nieland administered the Oaths of Office to new Patrol Officers Raquel Wilson and Karl Djerf.

Richard Bice, 2980 1^st Avenue, presented comments regarding his experience on the Cedar Rapids/Linn County Solid Waste Agency Board for the past three years.  He thanked Council for the opportunity to serve on the Board.  Council thanked Mr. Bice for serving on the Board.

Sam Dillon, 2795 23^rd Avenue, expressed concerns regarding the railroad bridge over Indian Creek.  He asked Council to work with the railroad to have the bridge fenced.  Mayor Nieland stated that the City has been discussing this situation with the railroad.

Moved by Rehn, 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. 18548 approving Payment No. 1 related to Housing Rehabilitation Grant – Project No. 6 for relocation assistance in the amount of $700.00.
b. Resolution No. 18549 approving payment to Howard R. Green Company for completion of Grant Writing Contract in the amount of $6,000.00.
c. Resolution No. 18550 approving Partial Payment No. 21 to Howard R. Green Company for services related to Brownfield Assessment Grant in the amount of $9,995.40.
d. Resolution No. 18551 approving Partial Payment No. 22 to Howard R. Green Company for services related to Brownfield Assessment Grant in the amount of $787.00.
e.  Resolution No. 18552 approving Partial Payment No. 10 to East Central Iowa Council of Governments for administration of the Housing Rehabilitation Program in the amount of $1,605.00.
f.   Resolution No. 18553 approving Partial Payment No. 11 to East Central Iowa Council of Governments for administration of the Housing Rehabilitation Program in the amount of $2112.00.

Resolution No. 18554 approving application for tax abatement related to improvements to Custom Cabinets and Millwork located within the 12^th Street Urban Revitalization District (295 - 12^th Street).

Resolution No. 18555 setting the public hearing for January 19, 2006 regarding the rezoning of property located north of East Robins Road east of Mulberry Drive from Linn County “A” to R-2, Medium Density Single-Family Residential (Katherine E. Kloubec et. al.).

Motion to approve Project Calendar regarding Engineering payments, as follows:
a. Resolution No. 18556 approving Partial Payment No. 3 to Anderson-Bogert Engineers, Inc. for engineering services regarding the U. S. 151/Iowa 13 and Iowa 100 Intersection Improvement Project in the amount of $5,969.00.
b. Resolution No. 18557 approving Partial Payment No. 2 to Anderson-Bogert Engineers, Inc. for engineering services regarding the 2004 9^th Street/14^th Avenue Storm Project-Phase III in the amount of $3,492.80.
c.  Resolution No. 18558 approving Partial Payment No. 1 to Iowa Department of Transportation regarding the US 151/IA 13 Intersection Improvement Project in the amount of $237,621.74.

Resolution No. 18559 approving the transfer of jurisdiction of a portion of former Highway 100 and accepting a quit claim deed from the Iowa Department of Transportation for Lots 7, 8, 9, and all that portion of Lot 10 Hillcrest Second Addition.

Motion to approve Project Calendar regarding installation of stop signs as follows:
a.  Resolution No. 18560 approving the installation of stop signs west bound on Par Circle at each intersection with Winslow Road.
b.  Resolution No. 18561 approving the installation of stop sign west bound on Artesian Road at Lucore Road.
c.  Resolution No. 18562 approving the installation of stop sign north bound on Triple Crown Drive at Artesian Road.
d.  Resolution No. 18563 approving the installation of stop sign west bound on Oak Savannah Court at Indian Creek Road.
e.  Resolution No. 18564 approving the installation of stop sign west bound on Vaughn Drive at Indian Creek Road.
f.   Resolution No. 18565 approving the installation of stop sign west bound on 21^st Avenue at 49^th Street.
g.  Resolution No. 18566 approving the installation of stop sign west bound on 23^rd Avenue at 49^th Street / 49^th Street Court.
h.  Resolution No. 18567 approving the installation of stop sign east bound on Tallgrass Drive at 49^th Street / 49^th Street Court.
i.   Resolution No. 18568 approving the installation of stop sign east bound on Tallgrass Drive at 49^th Street.

Motion to approve the minutes of the December 13, 15 and 20, 2005 City Council meetings.

Motion to approve bills as presented in the amount of $1,034,543.87.

Resolution No. 18569 approving payment to the Linn County Auditors Office in the amount of $10,126.87 for the November 8, 2005 municipal election.

Motion to receive and file cash flow analysis for the City of Marion for the period July 1, 2005 to June 30, 2006.

Resolution No. 18570 approving Change Order No. 5 to Miron Construction for Lowe Park Art and Environment Center in the amount of an increase of $2,988.13.

Motion to receive and file correspondence regarding Cedar Rapids/Linn County Solid Waste Agency representative (Assuring Marion’s Future).

Motion to receive and file e-mails and correspondence regarding landfill agreement (Chris Fulk; Steve Williams, 640 Telluride Drive; and anonymous).

Motion to receive and file report regarding City of Marion Technology Assessment (Erb’s Business Machines).

Motion to approve Project Calendar regarding the 2005 City Hall Construction Project, as follows:
a.  Resolution No. 18571 approving Partial Payment No. 2 to Kleiman Construction related to the 2005 City Hall Construction Project in the amount of $228,131.10.
b.  Resolution No. 18572 approving Partial Payment No. 3 to Howard R. Green Company for construction administration related to the 2005 City Hall Construction Project in the amount of $3,000.00.
c.  Resolution No. 18573 approving retainage payment to Iowa-Illinois Taylor Insulation, Inc. related to the 2005 City Hall Construction Project in the amount of $2,368.88.

Resolution No. 18574 designating custodians of public records.

Planning and Development Director Tom Treharne noted that Resolution No. 18552, approving Partial Payment No. 10 to East Central Iowa Council of Governments for administration of the Housing Rehabilitation Program in the amount of $1,605.00, should be amended to reflect that this is Partial Payment No. 11 and Resolution No. 18553, approving Partial Payment No. 11 to East Central Iowa Council of Governments for administration of the Housing Rehabilitation Program in the amount of $2112.00, should be amended to reflect that this is Partial Payment No. 12.  The motion was amended by unanimous consent to correct the payment numbers.  All in favor of motion as amended, motion carried.

Moved by Lammers, seconded by Pazour to approve the Project Calendar regarding KPPC Addition located east of C Avenue, north of East Robins Road in Linn County (Kenwood Park Presbyterian Church) as follows:
a.    Resolution No. 18575 approving the preliminary plat of KPPC Addition, located east of C Avenue, north of East Robins Road in Linn County (Kenwood Park Presbyterian Church).
b.    Resolution No. 18576 approving the Memorandum of Agreement and Final Plat of KPPC Addition, located east of C Avenue, north of East Robins Road in Linn County (Kenwood Park Presbyterian Church).
All in favor of motion to approve the project calendar, motion carried.

Moved by Pazour, seconded by Lammers to select Howard R. Green Company as consultant to complete work related to EPA Brownfield Cleanup Grant and authorizing staff to negotiate a contract for such services.  All in favor, motion carried.

Resolution No. 18577 approving Federal-Aid ICAAP Agreement with the Iowa Department of Transportation regarding Intersection modifications at U. S. 151/Iowa 13, Iowa 100 and Secrist Road was read by Adamson.  Moved by Adamson, seconded by Rehn to approve Res. No. 18577.  All in favor, motion carried.

Moved by Cram, seconded by Lammers to not remove healthy tree located at 2544 4^th Avenue (Ralph Briles request).  All in favor, motion carried.

Mayor Nieland recommended the appointment of Council Member Lammers as Mayor Pro Tem Pro Tem.  Moved by Rehn, seconded by Pazour to concur with the Mayor’s recommendation.  All in favor, motion carried.

Mayor Nieland recommended the appointment of Council Member Rehn as Mayor Pro Tem.  Moved by Lammers, seconded by Pazour to concur with the Mayor’s recommendation.  All in favor, motion carried.

Mayor Nieland recommended the appointment of Council Member Adamson to the Sidewalk Advisory Committee.  Moved by Rehn, seconded by Wagner to concur with the Mayor’s recommendation.  All in favor, motion carried.

Mayor Nieland recommended the appointment of Police Chief Harry Daugherty as the Primary Representative for the E-911 Board and Police Lieutenant Doug Slagle as the Alternate Representative for the E-911 Board.  Moved by Pazour, seconded by Lammers to concur with the Mayor’s recommendations.  All in favor, motion carried.

Council Discussion Time: