September 21, 2006
The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, September 21, 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, and Pazour. Absent: Adamson.
The meeting was opened with the Pledge of Allegiance.
Scott Hansen, 1363 8th Street, stated that he is Chair of the Tree Board. He explained that the Tree Board is concerned with the architect’s plan for landscaping at the new City Hall facility. City Manager Jeff Schott stated that he has discussed deleting the tree planting from the contract for City Hall with the contractor. If the change order amount is sufficient, the Tree Board and Parks Department will supply and plant the trees. Mr. Hansen expressed concern with the plans that show trees to be planted in the bioswale and under the overhead power lines.
Moved by Wagner, seconded by Pazour to approve the consent calendar as follows:
Resolution No. 19022 approving Payment No. 8 to Flat Earth Planning for services related to updating the Marion Zoning Ordinance in the amount of $4,820.00.
Resolution No. 19023 setting public hearing for October 5, 2006, regarding a proposed amendment to the Future Land Use Map of the Marion Comprehensive Plan Amendment to change the designation from Parks and Recreation to Office/High-Intensity Mixed Use for property located east of Armar Drive, south of Marion Boulevard (City of Marion/Anace Aossey).
Resolution No. 19024 setting public hearing for October 5, 2006, regarding 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 (City of Marion/Anace Aossey).
Resolution No. 19025 setting public hearing for October 5, 2006, regarding 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 (Anace Aossey).
Resolution No. 19026 setting public hearing for October 5, 2006, regarding request to rezone property located between 49th Street and 50th Street on the northerly extension of 49th Street from R-2, Medium Density Single-Family Residential to R-4, Four-Family Residential (Lance and Karen Dunn).
Resolution No. 19027 setting public hearing for October 5, 2006, regarding request to rezone property located at 600 35th Street from A-1, Rural Restricted to I-2, General Industrial (T & M Properties, LLP/Michael Borst and Thomas Borst).
Resolution No. 19028 setting public hearing for November 2, 2006, regarding the Grand Avenue/East Post Road Urban Revitalization Plan.
Motion to receive and file and refer to the Planning and Zoning Commission, as follows:
a. Preliminary Site Development Plan and Final Site Development Plan for Lot 2, Hennessey First Addition located west of 10th Street and south of 29th Avenue for construction of two residential duplex buildings (William R. Hennessey and Geraldine Frances Hennessey, 6201 Hennessey Parkway request).
b. Preliminary Site Development Plan and Final Site Development Plan for Lot 1, Feder’s Sixth Addition, located east of 35th Street, north of Munier Road to allow construction of a 24’ x 40’ garden shed (Gary Holub request).
c. Preliminary Site Development Plan for Lot 1, Feder’s Sixth Addition, located at the east of 35th Street, north of Munier Road amending the commercial and residential designations (Ordinance No. 99-28) to accommodate construction of 50 storage units (Gary Holub request).Resolution No. 19029 approving Partial Payment No. 17 to Anderson-Bogert Engineers, Inc. for engineering services regarding the Dry Creek Regional Basin Project in the amount of $1,112.69.
Resolution No. 19030 accepting the 2006 HMA Resurfacing Project.
Motion to approve the minutes of the September 5 and 7, 2006 City Council meeting.
Motion to approve bills as presented in the amount of $1,512,627.34.
Resolution No. 19031 amending the Indenture of Trust related to the Health Care Facilities Revenue Refunding Bonds, Series 2003 (AHF/Kentucky-Iowa, Inc. Project) (the “Bonds”) and the Bonds, and authorizing the execution of documents related to such amendments.
Motion to receive and file correspondence related to disorderly conduct at a funeral services (Bret Himes, Firefighter).
Resolution No. 19016 approving contract and bond related to the 2006 Swimming Pool Sandblasting and Repainting Project.
Motion to receive and file job description for Part-Time Payroll Clerk position for the City Manager’s Office.
Motion to receive and file Departmental Monthly Reports for August 2006.
Motion to receive and file correspondence related to Noise Ordinance (Joe Nemec, 1850 Country Club Drive).
All in favor of motion to approve the consent calendar, motion carried.
Resolution No. 19032 selecting Howard R. Green Company for consulting services related to 2006 Brownfield Assessment Grant and authorizing Planning and Development Director to negotiate a contract for such services was read by Rehn. Moved by Rehn, seconded by Lammers to approve Res. No. 19032. All in favor, motion carried.
Mayor Nieland opened the public hearing regarding request for reducing speed limit on Winslow Road between bridge and Cakebread Court (Andy Wolter, 5155 Winslow Road). Cassidee Wolter, 5155 Winslow Road, spoke in favor of lowering the speed limit on Winslow Road. She presented written correspondence in support of lowering the speed limit. Assistant City Engineer Maryann Shinrock explained the guidelines for speed limits on streets classified as collectors and minor arterials. Mrs. Wolter also expressed concern with cars parking on both sides of the street. Moved by Rehn, seconded by Wagner to receive and file the correspondence from Andy and Cassidee Wolter, 5155 Winslow Road. All in favor, motion carried. City Manager Jeff Schott noted that correspondence was also received from Rodger D. Keleher, 1565 Country Club Drive, in favor of lowering the speed limit. Moved by Rehn, seconded by Pazour to receive and file the correspondence from Rodger Keleher. All in favor, motion carried. No other comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Resolution No. 19033 approving letter of support for Boyson Road/Alburnett Road intersection improvement and directing staff to submit ICAAP application for federal funding was read by Lammers. Moved by Lammers, seconded by Pazour to approve Res. No. 19033. All in favor, motion carried.
Resolution No. 19034 approving Cooperative Agreement for Speed Limit Reduction on U.S. 151/IA 13 in Marion was read by Pazour. Moved by Pazour, seconded by Rehn to approve Res. No. 19034. All in favor, motion carried.
Resolution No. 19035 approving letter of support for 10th Street/33rd Avenue Intersection Improvement and 29th Avenue Sidewalk Projects and directing staff to submit Safe Routes To School (SRTS) application for federal funding was read by Cram. Moved by Cram, seconded by Pazour to approve Res. No. 19035. All in favor, motion carried.
Moved by Wagner, seconded by Rehn to approve the Project Calendar related to TAC items, as follows:a. Motion to receive and file and refer to TAC correspondence regarding travel lanes on 1st Avenue between 22nd and 31st Streets (Larry Hansen, 1235 B Avenue).
b. Motion to receive and file and refer to TAC request for stop sign at 10th Avenue and Willow Park Court (Patti Herman).
c. Motion to receive and file and refer to TAC request for pedestrian light at McGowan Boulevard and 35th Street (Jeff Schneekloth, Wilkens School Principal).
All in favor of motion to approve the Project Calendar, motion carried.
Ordinance No. 06-23 relating to solid waste collection fees was read by Rehn for initial consideration. Moved by Rehn, seconded by Pazour to approve the first reading of Ord. No. 06-23. Public Services Director Tom Newbanks presented the staff report. All in favor, motion carried.
Ordinance No. 06-20 related to penalties for Municipal Infractions and providing penalties was read by Lammers for final consideration. Moved by Lammers, seconded by Pazour to approve the third reading of Ord. No. 06-20. All in favor, motion carried.
Ordinance No. 06-22 relating to machines used to vaporize an alcoholic beverage and providing for penalties was read by Pazour for second consideration. Moved by Pazour, seconded by Wagner to approve the second reading of Ord. No. 06-22. All in favor, motion carried.
Moved by Pazour, seconded by Lammers to suspend the rules and place Ord. No. 06-22 on the agenda for adoption and to adopt Ord. No. 06-22. All in favor, motion carried.
Ordinance No. 06-24 repealing Chapter 67 of the Marion Code of Ordinances pertaining to Ambulances and enacting in lieu thereof a new Chapter 67 and providing penalties was read by Cram for initial consideration. Moved by Cram, seconded by Rehn to approve the first reading of Ord. No. 06-24. City Manager Jeff Schott presented the staff report. All in favor, motion carried.
Moved by Wagner, seconded by Rehn to approve the Project Calendar regarding 2005 City Hall Project, as follows:
a. Resolution No. 19036 approving purchase of five-year warranty and tape back-up for file and printer server in the amount of $6,609, IT racks and related equipment in the amount of $2,562 and UPS system for hardware in the amount of $5,212 from Erb’s Business Machines.
b. Resolution No. 19037 approving purchase of basement storage shelving units from Pioneer Workspace Solutions in the amount of $5,574.93.
City Manager Jeff Schott presented the staff report. All in favor of motion to approve the Project Calendar, motion carried.
City Manager Jeff Schott stated that a special meeting is needed next week to have Council approve the Official Finance Report for City Streets for the period July 1, 2005 through June 30, 2006. Moved by Rehn, seconded by Wagner to set a special City Council meeting for Wednesday, September 27th at 2:00 p.m. All in favor, motion carried.
City Manager Jeff Schott stated that he has accepted a position with the Institute of Public Affairs with the University of Iowa. He stated that his employment contract calls for a sixty day notice. He stated that he would like to leave earlier and would be willing to provide assistance to the City on a contract basis until a new City Manager is hired. Police Chief Harry Daugherty will be Acting City Manager until a new City Manager is hired. Mr. Schott stated that he appreciated the opportunity to work for the City. He noted that the City is in excellent financial condition and has excellent staff. Mayor Nieland noted that the City is losing a very valuable employee with 19 years experience as City Manager. Council Member Cram stated that he regretted that Mr. Schott is leaving. Council Member Wagner stated that it was a pleasure working with Mr. Schott and thanked him for helping him when he was a new Council Member. Council Member Rehn agreed with the previous statements and noted that Mr. Schott was always very understanding and treats people well. Police Chief Harry Daugherty noted that the City will be losing a wealth of experience. Chief Daugherty asked Council to consider hiring Mr. Schott on a consulting basis until a new City Manager is hired. He also suggested that Council consider asking Mr. Schott to serve on the selection committee.
Mayor Nieland recommended the following appointment to the Central Corridor Brownfields Steering Committee:
Jerry Sunderman, 2355 Rosewood Ridge Court - no term.
Moved by Rehn, seconded by Pazour to concur with the Mayor’s recommendation. All in favor, motion carried.
Council Discussion:
Council Member Pazour noted the changes to the old Erving School. She said the building is being painted.
Moved by Pazour, seconded by Lammers to receive and file the letter of resignation from City Manager Jeff Schott. All in favor, motion carried.
Mayor Nieland asked about the status of the 28E agreement regarding the trunk sanitary sewer improvement project. He noted that the Mayor of the City of Robins is urging the agreement to be signed soon. City Manager Jeff Schott stated staff will look into the status of the agreement.
Council Member Lammers expressed concern about the pigeons at 1375 26th Street. Mayor Nieland stated that he would contact Mr. Livingston.
Police Chief Harry Daugherty stated that the Police Department is presenting a program regarding internet safety for the parents of teenagers. The program will be Tuesday, September 26th at 7:00 p.m. at Linn Mar High School and Wednesday, September 27th at 7:00 p.m. at Marion High School.
Mayor Nieland adjourned the meeting at 7:52 p.m.
_______________________
John B. Nieland, Mayor
Attest:
_________________________
Beth J. Little, Assistant City Clerk