February 2, 2006

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, February 2, 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.

Moved by Adamson, seconded by Pazour to approve the consent calendar as follows:

Motion to receive and file report on Action Plan update related to Zoning Ordinance.

Motion to receive and file recommendations of Priorities Advisory Committee for FY 06-07 through FY 11-12 Capital Improvements Priorities.

Motion to approve Project Calendar regarding Planning and Development payments, as follows:
a.           Resolution No. 18606 approving Payment No. 5 related to Housing Rehabilitation Grant – Project No. 6 for lead hazard testing in the amount of $130.00.
b.           Resolution No. 18607 approving Payment No. 24 to Howard R. Green Company for services related to Brownfield Assessment Grant in the amount of $936.00.

Motion to approve Project Calendar regarding Engineering Department payments, as follows:
a.          Resolution No. 18608 approving Partial Payment No. 2 to Linn County regarding the 2005 Digital Orthophoto/Two-foot Contour Update in the amount of $20,076.50.
b.          Resolution No. 18609 approving payment to Prairie Hill Development Company for reimbursement of overwidth and overdepth of pavement relating to 50^th Street associated with the Prairie Hill 9^th Addition to the City of Marion in the amount of $19,021.25.
c.           Resolution No. 18610 approving payment to Prairie Hill Development Company for reimbursement for over sizing of storm sewer pipe in the Prairie Hill 9^th Addition to the City of Marion in the amount of $36,645.20.

Resolution No. 18611 accepting the 10^th Street Improvement Project.

Motion to approve Project Calendar regarding accepting public improvements for the following subdivisions:
a.          Resolution No. 18612 accepting the public improvements for the Wal-Mart First Addition to the City of Marion.
b.          Resolution No. 18613 accepting the public improvements for the Prairie Hill 9^th Addition to the City of Marion.

Motion to receive and file Sidewalk Assessment Committee recommendations for 2006 projects.

Motion to approve the minutes of the January 17 and 19, 2006 City Council meetings.

Motion to approve bills as presented in the amount of $687,983.61.

Resolution No. 18614 approving renewal application for a Class C Liquor permit with additional privilege for Outdoor and Sunday Sales for B & J Catering, LTD dba Olde Indian Creek Country Club.

Resolution No. 18615 approving renewal application for a Class C Liquor permit with additional privilege for Outdoor and Sunday Sales for TEP, Inc. dba Cedar Rapids Bowling Center.

Resolution No. 18616 approving renewal application for a Class C Liquor permit with additional privilege for Outdoor and Sunday Sales for Marion Post #298 The American Legion dba Marion Veterans Club.

Resolution No. 18617 approving renewal application for a Class C Beer permit with additional privilege for Sunday Sales for Windmill Enterprises, LLC dba Foskel’s Food N Fuel.

Resolution No. 18618 approving renewal application for a Class E Liquor permit with additional privilege for Carryout Wine and Carryout Beer for HY-VEE, Inc. dba HY-VEE Drugstore.

Motion to receive and file annual report regarding directed patrol related to accident locations.

Motion to receive and file reports related to the Fire Department, as follows:
a.          2005 Fire Department Annual Report
b.          CIPA Report
c.           Fire Department Strategic Plan Update

Resolution No. 18619 setting public hearing for March 2, 2006 regarding FY 06-07 budget.

Resolution No. 18620 setting public hearing for March 2, 2006 regarding Five-Year Capital Improvements Program for FY 06-07 through FY 10-11.

Motion to receive and file Master Trails Plan.

Resolution No. 18621 setting public hearing for February 16, 2006 regarding Master Trails Plan.

Motion to receive and file Library Citizen Initiated Performance Assessment Critical Elements and Performance Measures.

Motion to receive and file resignation of Richard Bice from Citizen Initiated Performance Assessment Committee.

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

Moved by Cram, seconded by Wagner to approve City of Marion membership in Prosperity Eastern Iowa Program (Highway 151 Development Group).  All in favor, motion carried.

Resolution No. 18622 approving Final Plat and Memorandum of Agreement for Stonefield Fourth Addition, located west of 10^th Street north of 34^th Avenue (Mooney-Engle Land Company) was read by Wagner.  Moved by Wagner, seconded by Pazour to approve Res. No. 18622.  All in favor, motion carried.

Resolution No. 18623 approving revised Preliminary Plat and Preliminary Site Development Plan of the Coves of English Glen Addition, located north of 29^th Avenue east of 35^th Street (Primus Construction) was read by Rehn.  Moved by Rehn, seconded by Lammers to approve Res. No. 18623.  Planning and Development Director Tom Treharne presented the staff report.  All in favor, motion carried.

Resolution No. 18624 approving Final Plat and Memorandum of Agreement for Prairie Hill 9^th Addition, located west of Highway 13, east of 50^th Street north of Prairie Ridge Avenue was read by Lammers.  Moved by Lammers, seconded by Pazour to approve Res. No. 18624.  All in favor, motion carried. 

Moved by Pazour, seconded by Rehn to approve the Project Calendar for the 2006 9^th Street/14^th Avenue Storm Sewer Reconstruction Project, Phase III, as follows:
    a.    Motion to retain the City Engineer as Project Engineer for the 2006 9^th Street/14^th Avenue Storm Sewer Reconstruction Project, Phase III.
   b.    Resolution No. 18625 approving Resolution of Necessity for the 2006 9^th Street/14^th Avenue Storm Sewer Reconstruction Project, Phase III.
    c.    Resolution No. 18626 ordering preparation of detailed plans, specifications, notice of hearing, notice to bidders, form of contract and estimate of cost for the 2006 9^th Street/14^th Avenue Storm Sewer Reconstruction Project, Phase III.
    d.    Resolution No. 18627 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost for the 2006 9^th Street/14^th Avenue Storm Sewer Reconstruction Project, Phase III.
All in favor of motion to approve the Project Calendar, motion carried.

Moved by Adamson, seconded by Pazour to approve the 2006 Sidewalk Project List.  All in favor, motion carried.

Moved by Cram, seconded by Pazour to direct City Engineer to request Iowa Department of Transportation to analyze speed limits along Highway 13/north and south of Highway 151.  The motion was amended by unanimous consent to request that the  DOT analyze speed limits approaching all four legs of the intersection of Highway 13 and Highway 151.  All in favor of motion as amended, motion carried.

Moved by Wagner, seconded by Rehn to concur with TAC recommendation of no change to traffic control at 3^rd Avenue/18^th Street intersection.  All in favor except Lammers and Pazour, motion carried.

Resolution No. 18628 approving purchase of replacement paint truck equipment from EZ Liner Industries in the amount of $49,500 was read by Rehn.  Moved by Rehn, seconded by Pazour to approve Res. No. 18628.  All in favor, motion carried.

Resolution No. 18629 approving purchase of sandbagging unit from The Sandbagger Corporation in the amount of $15,752 was read by Lammers.  Moved by Lammers, seconded by Pazour to approve Res. No. 18629.  All in favor, motion carried.

Resolution No. 18630 approving purchase of Fire Prevention staff vehicle replacement from Zimmerman Ford in the amount of $14,586 was read by Pazour.  Moved by Pazour, seconded by Rehn to approve Res. No. 18630.  All in favor, motion carried.

Resolution No. 18631 approving purchase of ball diamond groomer and accessories from All Seasons Equipment in the amount of $12,816.36 was read by Adamson.  Moved by Adamson, seconded by Rehn to approve Res. No. 18631.  All in favor, motion carried.

Mayor Nieland recommended the following appointments to the  Citizen Initiated Performance Assessment Committee:
          Dan Abolins, 630 Telluride Trail
          Greg Smith, 2410 Spoonbill Drive
Moved by Rehn, seconded by Pazour to concur with the Mayor’s recommendations.  All in favor, motion carried.

Council Discussion Time:
          Council Member Cram expressed concerns regarding parking near the Marion High School Athletic Complex.
          Council Member Cram noted that there are a large number of cats running loose in his neighborhood.
           City Manager Jeff Schott reminded Council of the Budget work session on Saturday, February 11^th beginning at 10:00 a.m.