June 15, 2006

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, June 15, 2006, at 7:00 p.m. in the council chambers of City Hall with Mayor Nieland presiding and the following council members present:  Cram, Rehn, Lammers, Pazour, and Adamson.  Absent:  Wagner.

The meeting was opened with the Pledge of Allegiance.

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

Motion to receive and file communication from Linn-Mar School District regarding sidewalk construction priorities.

Motion to approve Project Calendar regarding Planning and Development payments, as follows:
a.      Resolution No. 18843 approving Partial Payment No. 5 to Linn County Public Health for services related to the Housing Rehabilitation Grant Program – Project No. 9 in the amount of $120.00.
b.      Resolution No. 18844 approving final payment to Heskje Painting for services related to the Housing Rehabilitation Grant Program – Project No. 9 in the amount of $6,278.00.
c.      Resolution No. 18845 approving Partial Payment No. 3 to Linn County Public Health for services related to the Housing Rehabilitation Program – Project No. 7 in the amount of $130.00.

Motion to receive and file request for Tax Increment Financing incentives for Wholesale Feeds, Inc., 6000 Linn Aire Avenue.

Motion to approve Project Calendar regarding Engineering Department payments, as follows:
a.     Resolution No. 18846 approving Partial Payment No. 2 to Kruser Excavating for the 2006 19^th Avenue Reconstruction Project in the amount of $8,066.93.
b.     Resolution No. 18847 approving Partial Payment No. 5 to Veenstra & Kimm, Inc. for engineering services regarding the Squaw Creek Basin Flood Map Revisions in the amount of $8,628.00.

Resolution No. 18848 accepting the 2006 19^th Avenue Reconstruction Project.

Resolution No. 18849 approving contract and bond with Curtis Contracting Corp. regarding the 2006 Sidewalk Assessment Project.

Resolution No. 18850 approving contract and bond with Gravel Grading and Excavating regarding the 2006 Cemetery Storm Sewer Project.

Resolution No. 18851 approving Five-Year Agreement with the Iowa Department of Transportation regarding Maintenance and Repair of Primary Road in Municipalities.

Resolution No. 18852 approving settlement agreement with Edwin and Harriett Morris related to 29^th Avenue Paving Project.

Motion authorizing Public Services Director to solicit quotes for sale of 1988 GMC 7000 tandem dump truck.

Motion to receive and file recommendations from Nuisance Advisory Board regarding processing of citizen requests.

Motion to receive and file correspondence regarding nuisances (Marlene Lacy, 580 South 11th Street and Retha Straka, 1055 4^th Avenue).

Motion to approve the minutes of the May 30 and June 1, 2006 City Council meetings.

Motion to approve bills as presented in the amount of $926,837.23. 

Resolution No. 18853 approving renewal application for a Class C Beer permit with additional privilege for Sunday Sales for Nordstrom Oil Company dba Seventh Avenue Handimart.

Resolution No. 18854 approving renewal of Class C Beer permit with additional privilege for Sunday Sales for Kum & Go, LC, dba Kum & Go #503.

Resolution No. 18855 approving renewal application for a Class C Liquor Permit with additional privilege for Sunday Sales for Broken Glass, Inc. dba Castle Lanes.

Motion to receive and file report regarding status of Area Ambulance Service.

Resolution No. 18856 approving Partial Payment No. 11 to Miron Construction related to Lowe Park Art and Environment Center Project in the amount of $13,290.50.

Resolution No. 18826 setting public hearing for July 6, 2006 regarding lease/purchase of geothermal system for Lowe Park Arts and Environment Center.

Motion authorizing carryover of City Manager vacation through March 31, 2007.

Motion to approve Project Calendar related to the 2005 City Hall Project, as follows:
a.     Resolution No. 18857 approving Partial Payment No. 2 to Pioneer Workspace Solutions related to 2005 City Hall Project in the amount of $633.75.
b.     Resolution No. 18858 approving Partial Payment No. 1 to Erb’s Business Machines, Inc. for structured cabling related to the 2005 City Hall Project in the amount of $10,450.
c.     Resolution No. 18859 approving Partial Payment No. 8 to Terracon for soil testing services related to 2005 City Hall Project in the amount of $427.70.

Motion to receive and file request to park band shell on the east side of 11^th Street, north of entrance to mall from July 6 through 27, 2006 (Marion Big Band).

Motion to receive and file Departmental Monthly Reports for May, 2006.

Motion to receive and file letter of resignation from Bill Sperry from the Nuisance Advisory Board.

Finance Director Wes Nelson stated that Resolution No. 18855, approving new application for a Class C Liquor Permit with additional privilege for Sunday Sales for Broken Glass, Inc. dba Castle Lanes, should have been on the agenda as a renewal instead of a new application.  All in favor of motion to approve the consent calendar, motion carried.

Council Member Wagner arrived at 7:07 p.m.

Planning and Development Director Tom Treharne presented the staff report.  All in favor of motion to approve Res. No. 18860, motion carried.

Moved by Lammers, seconded by Pazour to approve the Project Calendar for the 2006 HMA Resurfacing Project, as follows:

Resolution No. 18864 approving agreement with Jerry’s Homes related to the Lowe Park Detention Basin was read by Pazour.  Moved by Pazour, seconded by Wagner to approve Res. No. 18864.  All in favor, motion carried.

Moved by Adamson, seconded by Pazour to receive and file and refer to TAC request for “Children Playing” or “Caution-Children” on Hawthorne Drive between 33^rd Avenue and Gill Park (Gail Nix, 285 West 34^th Avenue).  All in favor except Wagner, motion carried.

Resolution No. 18865 approving purchase of tandem chassis for replacement dump truck from Hawkeye International Trucks, Cedar Rapids, Iowa, in the amount of $69,153.24, was read by Cram.  Moved by Cram, seconded by Lammers to approve Res. No. 18865.  All in favor, motion carried.

Resolution No. 18866 approving purchase of hoist and hose reels for Public Services Department from P.E.S., Inc., Marion, Iowa, in the amount of $10,231.00, was read by Wagner.  Moved by Wagner, seconded by Rehn to approve Res. No. 18866.  All in favor, motion carried.

Moved by Rehn, seconded by Pazour to approve the following cigarette permits:  Fareway Stores, Inc., Market Express, Wal-Mart Supercenter #3630, and Wrigleyville.  All in favor, motion carried.

Hearing regarding appeal of alcohol penalty (Kats Lounge, 740 10^th Street):
          Assistant City Attorney Anne Loomis explained the proceedings.  She called Police Officer Jason Schamberger as her first witness.  Officer Schamberger explained the details of the compliance check at the Kats Lounge on January 26, 2006.  Officer Schamberger answered questions from Assistant City Attorney Anne Loomis and City Council.  Thomas Shaheen, Kats Lounge, 740 10^th Street, made a statement regarding the compliance check.  Officer Schamberger answered questions from Mr. Shaheen.  Police Chief Harry Daugherty explained alcohol and cigarette compliance checks. 

Resolution No. 18867 relating to the liquor license of Kats Lounge, 740 10^th Street, was read by Lammers.  Moved by Lammers, seconded by Pazour to approve Res. No. 18867.  The Resolution states that the City Council conducted a hearing and found that the evidence showed that a violation occurred on January 26, 2006 at Kats Lounge and that penalties mandated by Iowa law should be imposed.  The Resolution directs the City Attorney to prepare Findings of Fact, Conclusions of Law and Decision and Order to be submitted to the City Council at the July 6^th meeting.  Roll Call:  Yeas:  Nieland, Lammers, Pazour, Adamson, Cram, Wagner, and Rehn.  Nays:  None.  Motion carried.

Resolution No. 18868 approving modification to Volunteer Firefighter compensation was read by Pazour.  Moved by Pazour, seconded by Lammers to approve Res. No. 18868.  All in favor, motion carried.

City Manager Jeff Schott reported on the status of railroad land acquisition.  No agreement has been reached with the railroad yet.

City Council discussed the Local Option Sales Tax. 

City Manager Jeff Schott reviewed the city hall furnishings budget issues.

Moved by Adamson, seconded by Wagner to approve the Project Calendar related to FY 06-07 budget, as follows:
a.     Resolution No. 18869 approving transfer of unexpended funds for unemployment accounts to Employee Benefit Fund.
b.     Resolution No. 18870 approving carryover of the following budget items from FY 05-06 to FY 06-07 budget:  Manager:  lateral file cabinet ($750), filing cabinet ($700), storage unit ($275), Planning:  Historic Preservation ($2,400); Building Department:  Camera/equipment ($250), Codes on CD ($425), hiring costs ($230); Fire Department:  Aerial Repairs ($1,500); Engineering Department:  Computer Equipment ($11,000) and stormwater management ($5,439).
All in favor of motion to approve the Project Calendar, motion carried.

Moved by Cram, seconded by Pazour to approve request to park band shell on the east side of 11^th Street, north of entrance to mall from July 6 through 27, 2006 (Marion Big Band).  Public Services Director Tom Newbanks presented the staff report.  Roll Call:  Yeas:  Pazour, Rehn, and Nieland.  Nays:  Lammers, Adamson, Cram, and Wagner.  Motion failed.

Mayor Nieland recommended the following reappointments to the Library Board:  
          Sally Reck, 2305 Coventry Court, term to expire 06/30/12.
          Eileen Robinson, 3560 28^th Avenue, term to expire 06/30/12.

Mayor Nieland recommended the following appointment to the Library Board:
          Sue Verhille, 2815 Silver Oak Trail, term to expire 06/30/12.

Moved by Rehn, seconded by Pazour to concur with the Mayor’s recommendations.  All in favor, motion carried.

Council Discussion:
          Council Member Lammers stated that she had been contacted by a citizen concerned that contiguous streets are not named the same.
          Council Member Pazour commended Marion resident Bob Bruce who was featured in an article in the Marion Times.
          Council Member Pazour noted that Bill Reed was inducted into the Marion Independent School Hall of Fame.  Mr. Reed graduated from Marion and was killed in World War II.  She noted that a lithograph has been presented to the Foundation. 
          City Manager Jeff Schott reminded Council of the special meeting on Thursday, June 29^th at 4:00 p.m.
          Council Member Adamson thanked Officer Schamberger for testifying at the Kats Lounge hearing and thanked Assistant City Attorney Anne Loomis for her work on the issue.  Council Member Adamson also thanked Public Services Director Tom Newbanks and Parks Director Richard Fox for providing pictures for Council to review.  He also thanked Council for their discussion on the local option sales tax.

Mayor Nieland adjourned the meeting at 8:48 p.m.

____________________________
John B. Nieland, Mayor

Attest:

____________________________
Beth J. Little, Assistant City Clerk