September 7, 2006
The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, September 7, 2006, at 7:00 p.m. in the council chambers of City Hall with Mayor pro tem Rehn presiding and the following council members present: Cram, Wagner, Lammers, Pazour, and Adamson. Absent: Mayor Nieland.
The meeting was opened with the Pledge of Allegiance.
Mayor pro tem Rehn administered the Oath of Office to Patrol Officer Jeffrey D. Gilson.
Police Chief Harry Daugherty introduced Police Chaplain Darran Whiting from the Calvary Baptist Church in Coggon. Pastor Whiting lives in Marion. Pastor Whiting stated that he also serves as Chaplain for the Linn County Sheriff’s Department.
Leonard Kulish, 2640 Clark Avenue, requested that Council consider removal of parking on the north side of 1st Avenue from 22nd Street to 31st Street. He noted that there is no parking on the south side currently. He would like no parking on both sides of the street. Council Member Lammers stated that she has also received complaints regarding the parking. City Manager Jeff Schott suggested that TAC review the request. Notices would be sent to the neighbors. Mr. Kulish asked when 31st Street will be opening. Mr. Schott explained that it will be completed as development occurs. Moved by Wagner, seconded by Pazour to refer to TAC the request for no parking on the north side of 1st Avenue from 22nd Street to 31st Street. All in favor, motion carried.
Moved by Cram, seconded by Pazour to approve the consent calendar as follows:
Motion to approve Project Calendar related to Planning and Zoning Department payments, as follows:
a. Resolution No. 18983 approving Payment No. 2 (final payment) from the Winslow TIF Fund for work related to the installation of a canopy at Hilltop Manor in the amount of $15,000.
b. Resolution No. 18984 approving Partial Payment No. 7 to Howard R. Green Company for services related to 2005 Brownfield Cleanup Grant in the amount of $7,262.04.
c. Resolution No. 18985 approving Partial Payment No. 20 to East Central Iowa Council of Governments for administration of the Housing Rehabilitation Grant Program in the amount of $2,385.00.Motion to receive and file and refer to the Central Business District Design and Review Committee request for Tax Abatement associated with Central Business District Urban Revitalization District for Hearthstone Gifts, 710 10th Street.
Resolution No. 18986 approving vacation of ten foot utility easement located along the north lot line of Lot 26, Eagle Ridge Third Addition, located west of 50th Street south of Kacena Avenue (Scott Akers Construction, Inc.).
Resolution No. 18987 authorizing submission of Certified Local Government grant application for survey and evaluation project related to the north and south side of 6th Avenue between 1st and 9th Streets.
Motion to receive and file and refer to the Planning and Zoning Commission, as follows:
a. Briargate Second Addition Final Plat, located north of 29th Avenue extending 44th Street north (Pheasant Ridge Development, LLC).
b. Revised request to rezone property located east of Armar Drive, south of Marion Boulevard from R-2, Medium Density Single-Family Residential to O-2, Office-Park (Parcel D) (Armstrong Development Company).
c. Revised request to rezone property located east of Armar Drive, south of Marion Boulevard from A-1, Rural Restricted and R-3, Two-Family Residential, to O-2, Office-Park (Parcels C and H) (City of Marion/Armstrong Development Company).
d. Request to amend the Future Land Use Map of the Marion Comprehensive Plan to change the designation of property located east of Armar Drive, south of Marion Boulevard from Parks and Recreation to Office/High-Intensity Mixed Use (City of Marion and Anace Aossey/Armstrong Development).Motion to approve Project Calendar regarding Engineering Department payments, as follows:
a. Resolution No. 18988 approving Partial Payment No. 16 to Anderson-Bogert Engineers, Inc. for engineering services regarding the Dry Creek Regional Basin Project in the amount of $657.76.
b. Resolution No. 18989 approving Partial Payment No. 1 to L. L. Pelling Co., Inc. for the 2006 Business Highway 151 HMA Resurfacing Project in the amount of $250,994.39.
c. Resolution No. 18990 approving Partial Payment No. 1 to L.L. Pelling Co., Inc. for the 2006 HMA Resurfacing Project in the amount of $357,784.70.
d. Resolution No. 18991 approving Partial Payment No. 3 to Eastern Iowa Excavating and Concrete, LLC for the 2006 Curb Replacement Project in the amount of $2,280.00.
e. Resolution No. 18992 approving Partial Payment No. 2 to Curtis Contracting Corp. for the 2006 Sidewalk Assessment Project in the amount of $3,163.50.
f. Resolution No. 18993 approving payment to Fritz Development, LLC for reimbursement of overwidth/overdepth of pavement and sub-base related to Winslow Road associated with Hunters Field First Addition in the amount of $11,951.62.Motion to approve Project Calendar regarding improvements for various capital projects, as follows:
a. Resolution No. 18994 accepting the 2006 Business Highway 151 HMA Resurfacing Project.
b. Resolution No. 18995 accepting the 2006 Sidewalk Assessment Project.
c. Resolution No. 18996 accepting the 2006 Curb Replacement Project.Motion authorizing City Engineer to solicit quotes for the 2006 Sidewalk Repair Project.
Resolution No. 18997 approving purchase of equipment for two pick-up trucks from Future Line Equipment, Center Point, in the amount of $12,774.50.
Motion to approve the minutes of the August 15 and 17, 2006 City Council meeting.
Motion to approve bills as presented in the amount of $593,121.16.
Resolution No. 18998 approving renewal application for a Class C Liquor permit with additional privilege for Sunday Sales for OMEGA, Inc. dba V.I.P. Lounge.
Resolution No. 18999 approving renewal application for a Class C Liquor permit for WAILER, INC. dba Bill’s Drinking Establishment.
Resolution No. 19000 approving renewal application for a Special Class C Liquor (Beer/Wine) with additional privilege for Sunday Sales for Liars Theatre, Inc. dba Liars Theatre.
Motion to receive and file Finance Report for July 2006.
Resolution No. 19001 approving permanent water main easement agreement between Eldon D. McMillen and Curtis J. Cope and the City of Marion.
Motion to approve noise and parking variances related to Swamp Fox Festival events on September 7 through 10, 2006.
All in favor of motion to approve the Project Calendar, motion carried.
Mayor pro tem Rehn opened the public hearing regarding a proposed amendment to the Transportation Map of the Marion Comprehensive Plan regarding the 31st Street alignment between 29th Avenue and Tower Terrace Road (formerly 35th Avenue). Eric Brown, 1560 25th Avenue, asked about bike lanes. City Engineer Dan Whitlow explained which streets are designated to have bike lanes. No other comments, written or verbal, were received. Mayor pro tem Rehn declared the public hearing closed.
Resolution No. 19002 approving an amendment to the Transportation Map of the Marion Comprehensive Plan regarding the 31st Street alignment between 29th Avenue and Tower Terrace Road (formerly 35th Avenue) was read by Wagner. Moved by Wagner, seconded by Cram to approve Res. No. 19002. All in favor, motion carried.Moved by Lammers, seconded by Wagner to receive and file proposed real estate sales contract with Chicago Central and Pacific Railroad regarding acquisition of abandoned railroad right-of-way. All in favor, motion carried.
Moved by Pazour, seconded by Adamson to direct staff to negotiate sales contract with Chicago Central and Pacific Railroad regarding acquisition of abandoned rail property. All in favor, motion carried.
Resolution No. 19003 approving Development Agreement with Wholesale Feeds, Inc., 6000 Linn Aire Avenue, authorizing Tax Increment Rebates and pledging certain tax increment revenues to the payment of the agreement was read by Adamson. Moved by Adamson, seconded by Pazour to approve Res. No. 19003. All in favor, motion carried.
Resolution No. 19004 accepting donation of a portion of Lot 19, Prairie Meadows First Addition located north of 49th Street Court, west of 50th Street to the City of Marion for use as greenbelt area (JPM Enterprises) was read by Cram. Moved by Cram, seconded by Pazour to approve Res. No. 19004. All in favor, motion carried.
Resolution No. 19005 approving the Final Plat and Memorandum of Agreement for Oakbrook Third Addition, located north of Highway 100, east of Menard Lane (Menard, Inc.) was read by Wagner. Moved by Wagner, seconded by Lammers to approve Res. No. 19005. All in favor, motion carried.
Resolution No. 19006 approving the Final Plat and Memorandum of Agreement for Prairie Hill Twelfth Addition, located north of Prairie Ridge Avenue, east of 50th Street (Prairie Hill Development Co.) was read by Lammers. Moved by Lammers, seconded by Cram to approve Res. No. 19006. All in favor, motion carried.
Resolution No. 19007 approving the Final Plat and Memorandum of Agreement for Rolling Hill Estates Seventh Addition, located north of Boyson Road, west of Beryl Street (Midwest Development Co.) was read by Pazour. Moved by Pazour, seconded by Lammers to approve Res. No. 19007. All in favor, motion carried.
Moved by Adamson, seconded by Pazour to approve the Project Calendar related to Prairie Bend Addition, located north of Quail Trail Court and west of 35th Street (Morris Wood, LLC), as follows:
a. Resolution No. 19009 rescinding Resolution No. 18967, dated August 17, 2006 approving Final Plat and Memorandum of Agreement of Prairie Bend First Addition, located north of Quail Trail Court and west of 35th Street (Morris Wood, LLC).
b. Resolution No. 19010 approving Final Plat and Memorandum of Agreement of Prairie Bend First Addition, located north of Quail Trail Court and west of 35th Street (Morris Wood, LLC).
c. Resolution No. 19011 approving permanent utility, drainage and sanitary sewer easement agreements related to Prairie Bend First Addition, located north of Quail Trail Court and west of 35th Street, south of Tower Terrace Road (Morris Wood, LLC).
All in favor of motion to approve the Project Calendar, motion carried.
Resolution No. 19012 authorizing submission of Economic Development Set-Aside application to Iowa Department of Economic Development for Launch Kwik-Way Inc. was read by Cram. Moved by Cram, seconded by Wagner to approve Res. No. 19012. David Parks, President of Kwik-Way, 500 57th Street, explained the proposed project. All in favor, motion carried.
Ordinance No. 06-18 related to establishing speed limits along 29th Avenue from 143 feet east of Highland Drive to 423 feet east of Greenway Court to 30 mph and 45 mph east to Highway 13 was read by Wagner for final consideration. Moved by Wagner, seconded by Cram to approve the third reading of Ord. No. 06-18. All in favor, motion carried.
Resolution No. 19013 approving 28E Agreement with the City of Hiawatha regarding Sanitary Sewer Slip Lining Project was read by Lammers. Moved by Lammers, seconded by Pazour to approve Res. No. 19013. All in favor, motion carried.
Moved by Pazour, seconded by Lammers to receive and file communications regarding stop signs on 19th Street at 6th Avenue (Nick Davidson, 365 18th Street and Jan Borst, 597 21st Street). All in favor, motion carried.
Moved by Adamson, seconded by Pazour to concur with TAC recommendation of no action regarding request for “Caution-Children” on Hawthorne Drive between 33rd Avenue and Gill Park (Gail Nix, 285 West 34th Avenue). All in favor, motion carried.
Resolution No. 19014 setting public hearing for September 21, 2006, regarding reducing speed limit on Winslow Road between bridge and Cake Bread Court (Andy Wolter, 5155 Winslow Road) was read by Cram. Moved by Cram, seconded by Wagner to approve Res. No. 19014. All in favor, motion carried.
Ordinance No. 06-19 related to mailboxes in city-owned right-of-way was read by Wagner for final consideration. Moved by Wagner, seconded by Lammers to approve the third reading of Ord. No. 06-19. All in favor, motion carried.
Ordinance No. 06-20 related to penalties for Municipal Infractions and providing penalties was read by Lammers for second consideration. Moved by Lammers, seconded by Pazour to approve the second reading of Ord. No. 06-20. All in favor, motion carried.
Ordinance No. 06-21 relating to disorderly conduct at a funeral service and providing penalties was read by Pazour for initial consideration. Moved by Pazour, seconded by Wagner to approve the first reading of Ord. No. 06-21. All in favor, motion carried.
Moved by Pazour, seconded by Lammers to suspend the rules and place Ord. No. 06-21 on the agenda for adoption and to adopt Ord. No. 06-21. Roll Call: Yeas: Cram, Wagner, Rehn, Lammers, Pazour, and Adamson. Nays: None. Motion carried.
Mayor pro tem Rehn opened the public hearing regarding 2006 Swimming Pool Sandblasting and Repainting Project. No comments, written or verbal, were received. Mayor pro tem Rehn declared the public hearing closed.
Moved by Cram, seconded by Pazour to approve the Project Calendar regarding 2006 Swimming Pool Sandblasting and Repainting Project, as follows:
a. Resolution No. 19015 awarding contract related to the 2006 Swimming Pool Sandblasting and Repainting Project to Pospisil Painting, Inc., Cedar Rapids, in the amount of $29,950.00.
City Manager Jeff Schott stated that item b., Resolution No. 19016, approving contract and bond related to the 2006 Swimming Pool Sandblasting and Repainting Project, is not ready to be approved. The contract and bond have not been received. The motion was amended by unanimous consent to remove Res. No. 19016 from the Project Calendar. All in favor of motion to approve the Project Calendar as amended, motion carried.
Moved by Wagner, seconded by Lammers to establish Council Goal Setting Sessions – Monday, November 6 – 3:00 – 7:00 p.m.; Thursday, November 9 – 3:00 – 7:00 p.m. – extra sessions as necessary. All in favor, motion carried.
Moved by Lammers, seconded by Pazour to re-schedule Budget Goal Setting Session for Tuesday, November 8 at 4:00 p.m. All in favor, motion carried.
Moved by Pazour, seconded by Lammers to re-schedule City Council work session from Tuesday, January 2, 2007 to Tuesday, January 9, 2007 and City Council official meeting from Thursday, January 4, 2007 to Thursday, January 11, 2007. All in favor, motion carried.
Moved by Adamson, seconded by Wagner to approve the Project Calendar regarding 2005 City Hall Project, as follows:
a. Resolution No. 19017 approving Partial Payment No. 11 to Kleiman Construction related to 2005 City Hall Project in the amount of $354,577.45.
b. Resolution No. 19018 approving Partial Payment No. 9 to Howard R. Green Company related to 2005 City Hall Project regarding construction services in the amount of $3,254.80.
c. Resolution No. 19019 approving agreement for one LD265 and one LD345c copier from Koch Brothers for new city hall.
City Manager Jeff Schott reported on the bids received for the copiers. All in favor of motion to approve the Project Calendar, motion carried.
City Manager Jeff Schott reported on issues with the landscaping at the new City Hall. He also noted two lecterns were ordered for the Council Chambers. One of the lecterns will be used at the Lowe Parks Arts and Environment Center.
Resolution No. 19020 approving designation of the National Incident Management System (NIMS) as the basis for all incident management in the City of Marion, Iowa, was read by Cram. Moved by Cram, seconded by Wagner to approve Res. No. 19020. All in favor, motion carried.
Resolution No. 19021 adopting security information policy was read by Wagner. Moved by Wagner, seconded by Cram to approve Res. No. 19021. All in favor, motion carried.
Moved by Lammers, seconded by Pazour to receive and file letter of resignation from Srilatha N. Rao - Marion Arts Council. All in favor, motion carried.
Mayor pro tem Rehn recommended the following appointment to the Art Council:
Frances Renfer, 1065 25th Street Term to expire 1/1/07
Moved by Lammers, seconded by Pazour to concur with Mayor pro tem Rehn’s recommendations. All in favor, motion carried.
Council Discussion.
There was no Council discussion.
Mayor pro tem Rehn adjourned the meeting at 7:57 p.m.
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Paul E. Rehn, Mayor pro tem
Attest:
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Beth J. Little, Assistant City Clerk