June 1, 2006
The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, June 1, 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.
Public Services Director Tom Newbanks stated that the City has contracted to remove a street tree in the right-of-way in front of 1077 27th Street. Mr. Newbanks noted that he has received a request from Wendy Douglas, 1077 27th Street, to leave 10 feet of trunk so that they can have the tree trunk carved. Council agreed that the trunk can remain in the right-of-way for carving.
Moved by Rehn, seconded by Wagner to receive and file correspondence dated May 24th from Paul and Kim Eby, 3990 Willowbrook Drive, and correspondence dated June 1st from Thomas J. Jones III regarding encroachment into the drainage/utility easement. All in favor, motion carried.
Motion to approve Project Calendar regarding Planning and Development payments, as follows:
a. Resolution No. 18813 approving Partial Payment No. 27 to Howard R. Green Company for services related to the Brownfields Assessment Grant in the amount of $4,002.53.
b. Resolution No. 18814 approving Partial Payment No. 4 to Howard R. Green Company for services related to the 2004 Brownfields Cleanup Grant in the amount of $10,129.24.
c. Resolution No. 18815 approving Payment No. 4 for relocation assistance related to the Housing Rehabilitation Grant Program – Project No. 9 in the amount of $400.00.Motion to approve Project Calendar regarding Engineering Department payments, as follows:
a. Resolution No. 18816 approving Partial Payment No. 1 to Connolly Construction, Inc. for the 2006 Sewer Repair Project in the amount of $50,403.14.
b. Resolution No. 18817 approving Partial Payment No. 3 to Borst Bros. Construction, Inc. for the 2006 9th Street/14th Avenue Storm Sewer Reconstruction Project – Phase III in the amount of $8,623.71.
c. Resolution No. 18818 approving Partial Payment No. 1 to Kruser Excavating for the 2006 19th Avenue Reconstruction Project in the amount of $81,989.15.Motion to approve Project Calendar regarding Engineering Projects, as follows:
a. Resolution No. 18819 accepting the 2006 9th Street/14th Avenue Storm Sewer Reconstruction Project – Phase III.
b. Resolution No. 18820 accepting the 2006 Sanitary Sewer Repair Project.Resolution No. 18821 approving contract and bond with L.L. Pelling Co., Inc. for the 2006 Business Highway 151 HMA Resurfacing Project.
Motion denying request for refund of garbage fees paid for unoccupied rental property at 2720 4th Avenue (Darlene Cleary, 1650 48th Street).
Motion to approve the minutes of the May 16 and 18, 2006 City Council meetings.
Motion to approve bills as presented in the amount of $350,634.79.
Resolution No. 18822 approving new application for a Class B Native Wine Permit with additional privilege for Sunday Sales for Ends With E, LLC dba Temptations Fine Candies (1026 7th Ave).
Motion to approve the following cigarette permits: American Legion Post #298, Bill’s Drinking Est., Broken Glass Inc dba Castle Lanes, Dumas’s, Cigarette Outlet #10, CT Bar & Grill aka Cocktails, East Post Road Hawkeye Convenience, Foskel’s Food ‘N Fuel, Grandview Handimart, Hy-Vee, Inc. dba Hy-Vee, Hy-Vee, Inc. dba Hy-Vee Drugstore, Hy-Vee, Inc. dba Hy-Vee Gas, Kat’s Lounge, Kum & Go #503, Marion Hawkeye Convenience Store, Marion Short Stop, Pantry Express, Quick, Trip #504, Seventh Avenue Handimart, V.I.P. Lounge and Walgreen’s #03876.
Motion to reschedule hearing regarding appeal of alcohol penalty to June 15, 2006 (Kats Lounge, 740 10th Street).
Resolution No. 18823 approving three-year contract with Ace Refrigeration for maintenance contract for heating and cooling system at the Police Station.
Resolution No. 18824 approving three-year contract with Darrah’s Towing and Recovery for police towing and storage service contract.
Resolution No. 18825 approving Change Order No. 10 to Miron Construction related to the Lowe Park Arts and Environment Center in the amount of $2,173.00.
Resolution No. 18827 approving renewing general insurance with EMC Insurance Company for FY 06-07.
Motion to approve Waiver of Noise Ordinance/Hold Harmless Agreement related to BBQ Supper/Fundraiser on June 22, 2006 from 4:00 p.m. to 9:00 p.m. located in the parking on the south side of 8th Avenue west of 12th Street (First United Methodist Church).
City Manager Jeff Schott requested that Resolution No. 18826, setting public hearing for June 15, 2006 regarding lease/purchase of geothermal system for Lowe Park Arts and Environment Center, be removed from the agenda. Moved by Rehn, seconded by Pazour to amend the motion to delete Res. No. 18826 from the agenda. All in favor of motion to amend the consent calendar, motion carried. All in favor of motion to approve the consent calendar as amended, motion carried.
Mayor Nieland opened the public hearing regarding a proposed amendment to the Future Land Use Map of the Marion Comprehensive Plan to change the designation for property located south of Tower Terrace Road west of 35th Street in Marion, Linn County, Iowa, from Office/High-Intensity Mixed Use to Urban Residential (Morris Wood, LLC). Planning and Development Director Tom Treharne presented the staff report. No other comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Resolution No. 18828 approving amendment to the Future Land Use Map of the Marion Comprehensive Plan to change the designation for property located south of Tower Terrace Road, west of 35th Street in Marion, Linn County, Iowa, from Office/High-Intensity Mixed Use to Urban Residential (Morris Wood, LLC) was read by Pazour. Moved by Pazour, seconded by Lammers to approve Res. No. 18828. Roll Call: Yeas: Cram, Wagner, Rehn, Lammers, Pazour, and Adamson. Nays: None. Abstention due to conflict of interest: Nieland. Motion carried.
Mayor Nieland opened the public hearing regarding a request to rezone property located south of Tower Terrace Road, west of 35th Street in Marion, Linn County, Iowa, from A-1, Rural Restricted to R-2, Medium Density Single-Family Residential, R-4, Four-Family Residential and PD-C, Planned Development-Commercial (Vaughn Farm Co./Hertz Farm Management, Inc. and Morris Wood, LLC (Jon Morris)). Planning and Development Director Tom Treharne presented the staff report. Tred Schnoor from Schnoor Bonifazi Engineering and Surveying, 320 11th Avenue SE, Suite 123, Cedar Rapids, stated that he is the engineer for the project. He was present to answer questions regarding the project. No other comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Ordinance No. 06-14 amending the Code of Ordinances regarding a request to rezone property located at the southwest corner of Tower Terrace Road and 35th Street in Marion, Linn County, Iowa, from A-1, Rural Restricted to PD-C, Planned Development-Commercial (Morris Wood, LLC) was read by Adamson for initial consideration. Moved by Adamson, seconded by Wagner to approve the first reading of Ord. No. 06-14. Roll Call: Yeas: Wagner, Rehn, Lammers, Pazour, Adamson, and Cram. Nays: None. Abstention due to conflict of interest: Nieland. Motion carried.
Ordinance No. 06-15 amending the Code of Ordinances regarding a request to rezone property located south of Tower Terrace Road, west of 35th Street in Marion, Linn County, Iowa, from A-1, Rural Restricted to R-2, Medium Density Single-Family Residential and R-4, Four-Family Residential (Morris Wood, LLC) was read by Cram for initial consideration. Moved by Cram, seconded by Pazour to approve the first reading of Ord. No. 06-15. Roll Call: Yeas: Rehn, Lammers, Pazour, Adamson, Cram, and Wagner. Nays: None. Abstention due to conflict of interest: Nieland. Motion carried.
Mayor Nieland opened the public hearing regarding amendment to Five-Year Capital Improvement Program for FY 06-07 to 10-11 related to McGowan Boulevard Street repairs. City Manager Jeff Schott presented the staff report. Robert Mowry, 1890 16th Street, Vern Vaske, 1920 McGowan Boulevard, David Ard, 1875 McGowan Boulevard, Bob Rosburg, 1690 McGowan Boulevard, Cindy Kreassig, 2230 McGowan Boulevard, and Gail Golden, 1285 McGowan Boulevard, spoke in favor of moving the McGowan Boulevard street repairs forward in the Five-Year Capital Improvements Program. Tom Jones, 1820 Sugaridge Drive, asked if the lack of asphalt companies in the area effects the price of the project. Mayor Nieland explained that the McGowan Boulevard project is not an asphalt project. Ken Enneking, 1560 McGowan Boulevard, Nikki Meister, 1405 McGowan Boulevard, Tim Lansing, 1270 McGowan Boulevard, and Dave Kemper, 1290 McGowan Boulevard, spoke in favor of moving the McGowan Boulevard street repairs forward in the Five-Year Capital Improvements Program. No other comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Resolution No. 18829 approving amendment to Five-Year Capital Improvement Program for FY 06-07 to 10-11 related to McGowan Boulevard Street repairs was read by Wagner. Moved by Wagner, seconded by Pazour to approve Res. No. 18829. All in favor, motion carried.Mayor Nieland declared a recess at 7:45 p.m.
Mayor Nieland reconvened the meeting at 7:51 p.m.
Resolution No. 18830 approving encroachment into drainage/utility easement (Paul and Kim Eby, 3990 Willowbrook Drive) was read by Rehn. Moved by Rehn, seconded by Wagner to approve Res. No. 18830. Planning and Development Director Tom Treharne presented the staff report. Paul Eby, 3990 Willowbrook Drive, spoke in favor of allowing the encroachment. Tom Jones, 1820 Sugaridge Drive, spoke opposing encroachment into the easement for the basketball hoop structure. Tim Palm, 3945 Willowbrook Drive, spoke in favor of allowing the encroachment. Roll Call: Yeas: Wagner and Rehn. Nays: Nieland, Lammers, Pazour, Adamson, and Cram. Motion failed.Moved by Lammers, seconded by Pazour to approve encroachment into the drainage/utility easement at 3990 Willowbrook Drive for the basketball court cement slab. All in favor, motion carried.
a. Resolution No. 18831 approving vacation of storm sewer and drainage easement related to Squaw Creek Meadows Second Addition (Platinum Development, LLC request).
b. Resolution No. 18832 approving Final Plat and Memorandum of Agreement for Squaw Creek Meadows Second Addition, located south of First Avenue, west of 31st Street (Platinum Development, LLC).
All in favor of motion to approve the Project Calendar, motion carried.
Resolution No. 18842 authorizing Mayor to contact the City of Cedar Rapids and Linn County Regional Planning Commission regarding Chapter 358 of the Iowa Code (related to regionalizing Indian Creek and Dry Creek trunk sanitary sewer improvements) was read by Adamson. Moved by Adamson, seconded by Wagner to approve Res. No. 18842. City Manager Jeff Schott stated that the motion should be amended to also contact the City of Hiawatha and the City of Robins. The motion was amended be acclamation to also contact the City of Hiawatha and the City of Robins. All in favor of amendment, motion carried. All in favor of motion as amended, motion carried.
Resolution No. 18836 establishing no parking on Huntington Hills Drive and Elderton Drive between 7:00 a.m. and 3:00 p.m. on weekdays was read by Lammers. Moved by Lammers, seconded by Pazour to approve Res. No. 18836. All in favor, motion carried.
Moved by Pazour, seconded by Rehn to authorize expenditure of $25,000 in Miscellaneous Street Repair funds for full-depth concrete repairs to North 10th Street by Public Services Department personnel. All in favor except Wagner, motion carried.
Moved by Adamson, seconded by Lammers to direct Public Services Department to paint additional pavement arrows on eastbound Blairs Ferry Road, west of Lindale Drive. All in favor except Wagner, motion carried.
Ordinance No. 06-13 amending Code of Ordinances related to Section 129.04 – surveillance camera tapes was read by Cram for second consideration. Moved by Cram, seconded by Pazour to approve the second reading of Ord. No. 06-13. All in favor, motion carried.
Moved by Pazour, seconded by Lammers to suspend the rules and place Ord. No. 06-13 on the agenda for adoption and to adopt Ord. No. 06-13. All in favor, motion carried.
Moved by Wagner, seconded by Cram to approve the Project Calendar related to the 2005 City Hall Project, as follows:
a. Resolution No. 18837 approving contract with Pratt Audio-Visual for audio/visual system related to the 2005 City Hall Project, in the amount of $86,553.00 (with Alternate $12,638).
b. Resolution No. 18838 approving Partial Payment No. 8 to Kleiman Construction related to 2005 City Hall Project in the amount of $304,124.45.
c. Resolution No. 18839 approving Partial Payment No. 7 to Howard R. Green Company related 2005 City Hall Project regarding construction services in the amount of $3,273.00.
All in favor of motion to approve the Project Calendar, motion carried.
Resolution No. 18840 invoking the ordinance pending doctrine regarding issuance of ambulance licensing was read by Rehn. Moved by Rehn, seconded by Pazour to approve Res. No. 18840. All in favor, motion carried.
Resolution No. 18841 directing staff to negotiate reimbursement of payment related to the pavement of South 26th Street (Bob Copper) was read by Lammers. Moved by Lammers, seconded by Pazour to approve Res. No. 18841. Roll Call: Yeas: Lammers, Pazour, and Nieland. Nays: Adamson, Cram, Wagner, and Rehn. Motion failed.
Mayor Nieland recommended the following appointments:
Housing Board of Appeals:
Ken Klingler, 1180 Elm Street
Ambulance Board:
Councilmember Paul Rehn
Moved by Pazour, seconded by Wagner to concur with the Mayor’s recommendations. All in favor, motion carried.
Council Member Adamson stated that he would like to see developers dedicate neighborhood park space.
Moved by Pazour, seconded by Wagner to adjourn to executive session regarding land acquisition and litigation as permitted under Section 21.5(1)(j) and Section 21.5(1)(c) of the Code of Iowa. City Attorney Don Hoskins stated that he has reviewed the subject matter to be discussed and found it to be an appropriate topic for closed session. Roll Call: Yeas: Pazour, Adamson, Cram, Wagner, Rehn, Nieland, and Lammers. Nays: None. Motion carried.
Moved by Pazour, seconded by Rehn to reconvene to regular session. All in favor, motion carried.
Mayor Nieland adjourned the meeting at 9:24 p.m.
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John B. Nieland, Mayor
Attest:
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Beth J. Little, Assistant City Clerk