October 5, 2006
The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, October 5, 2006, at 7:00 p.m. in the council chambers of City Hall with Mayor Nieland presiding and the following council members present: Wagner, Lammers, Pazour, and Adamson. Absent: Cram and Rehn.
The meeting was opened with the Pledge of Allegiance.
City Manager Jeff Schott noted that a letter was received from Kathy Davis, 3925 Brookside Drive, expressing concern about the offset left turn lanes at the intersection of Highway 151 and Highway 13 on the east edge of Marion. Ms. Davis is requesting that left turns only be allowed with a green arrow. Moved by Pazour, seconded by Lammers to receive and file the correspondence from Kathy Davis. All in favor, motion carried.
Moved by Lammers, 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. 19039 approving Payment No. 4 for relocation expenses related to the Housing Rehabilitation Grant Program, Project No. 10, in the amount of $320.00.
b. Resolution No. 19040 approving Partial Payment No. 5 to Linn County Public Health related to the Housing Rehabilitation Grant Program, Project No. 10, in the amount of $130.00.
c. Resolution No. 19041 approving Final Payment to Jim Heskje Construction related to the Housing Rehabilitation Grant Program, Project No. 10, in the amount of $14,049.00.Motion to receive and file request for a waiver of the subdivision regulations to allow issuance of five building permits for Lots 121, 126, 127, 128 and 129 of Edgebrooke Fifth Addition, located west of Beechwood Lane north of Somerbrook Lane (Skogman Homes request).
Resolution No. 19042 accepting permanent utility easements agreement related to Highview First Addition, located north of East Robins Road east of Mulberry Drive (Arcon Development, Inc.).
Resolution No. 19043 setting public hearing for October 19, 2006, authorizing submittal of Economic Development Set-Aside Application to the State of Iowa (Launch Kwik-Way, Inc., 500 57th Street).
Motion to receive and file and refer to the Planning and Zoning Commission, as follows:
a. Prairie Hill Commercial Second Addition, located east of 50th Street north of Business Highway 151.
b. Hennessey First Addition Final Site Development Plan, located west of 10th Street south of 29th Avenue, north of Busy Bee Day Care Center (William R. and Geraldine F. Hennessey request).Motion to receive and file Final Plats, as follows:
a. Kane’s First Addition Final Plat located east of Shamrock Wood south of Elderton Drive (Larry Kane).
b. Edgebrooke Fifth Addition Final Plat located west of Beechwood Lane north of Somerbrook Lane (Midwest Development request).Motion to receive and file correspondence regarding 31st Street extension (Barry Smith, Platinum Development).
Motion to receive and file correspondence related to speed limits along Winslow Road (Andy Wolter).
Motion to receive and file and refer to TAC petition regarding request for pedestrian signal at McGowan Boulevard and 35th Street (Wilkins Elementary School parents).
Resolution No. 19044 setting public hearing for October 19, 2006, amending Code of Ordinance relating to adoption of 2006 edition of the International Construction Codes.
Motion to approve the minutes of the September 19, 21 and 27, 2006 City Council meetings.
Motion to approve bills as presented in the amount of $311,839.86.
Resolution No. 19045 approving new application for a Class LE Liquor License with additional privilege for carryout wine, carryout beer and Sunday Sales for Cigarette Outlet, Inc. dba Cigarette Outlet #10, 503 7th Avenue.
Resolution No. 19046 approving renewal application for a Class C Beer Permit with additional privilege for carryout wine and Sunday Sales for ALDI, INC. dba ALDI, INC. #1.
All in favor of motion to approve the consent calendar, motion carried.
Resolution No. 19047 approving installation of library parking lot sign into 11th Street right-of-way was read by Pazour. Moved by Pazour, seconded by Lammers to approve Res. No. 19047. All in favor, 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 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). Planning and Development Director Tom Treharne presented the staff report. Jon Dusek, 4293 Fox Meadow Drive SE, Cedar Rapids, spoke in favor of the amendment to the future land use map. He noted that he is also in favor of the City of Marion/Anace Aossey rezoning requests that are on tonight’s agenda. Joyce Dietzgen, 1912 50th Street, spoke opposing the Dunn rezoning on 50th Street. Mayor Nieland explained that item is later on the agenda. Ryan Durant, Project Manager with Dimensions in Senior Living, 17220 Wright Street, Suite 200, Omaha, Nebraska, stated that they acquired Village Ridge and Village Place. He asked if Armar Drive will be extended to Highway 100. City Manager Jeff Schott stated that the comprehensive plan does show the extension of Armar Drive to Highway 100. He noted that although some developers have requested that the City extend the street before development occurs, it is currently planned to be extended as development occurs. No other comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Resolution No. 19048 approving amendment to the Future Land Use Map of the Marion Comprehensive Plan 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) was read by Adamson. Moved by Adamson, seconded by Pazour to approve Res. No. 19048. Council Member Pazour asked about development plans. Anace Aossey indicated that they are planning high end office or residential condominiums. Jon Dusek, 4293 Fox Meadow Drive SE, Cedar Rapids, stated that they also developed the property east of I-380 and north of Boyson Road in Hiawatha. He noted that the development exceeded required development standards. All in favor, motion carried.
Mayor Nieland opened the public hearing 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). No comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.Ordinance No. 06-25 amending the Code of Ordinances regarding a 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) was read by Wagner for initial consideration. Moved by Wagner, seconded by Lammers to approve the first reading of Ord. No. 06-25. All in favor, motion carried.
Mayor Nieland opened the public hearing 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). No comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Ordinance No. 06-26 amending the Code of Ordinances regarding a 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) was read by Wagner for initial consideration. Moved by Wagner, seconded by Lammers to approve the first reading of Ord. No. 06-26. All in favor, motion carried.
Mayor Nieland opened the public hearing 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). Planning and Development Director Tom Treharne explained that the Dunn’s have withdrawn their request. Notices had already been published and mailed to residents so the public hearing will be held, however, no action will be taken on the rezoning request. Joyce Dietzgen, 1912 50th Street, spoke opposing the rezoning. John Morrow, 5825 Winslow Road, spoke regarding the speed limit on Winslow Road. Mayor Nieland explained that item is later on the agenda. No other comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Moved by Lammers, seconded by Pazour to receive and file correspondence withdrawing 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 from October 5, 2006 agenda (Lance and Karen Dunn). All in favor, motion carried.
Mayor Nieland opened the public hearing 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). 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.
Ordinance No. 06-27 amending the Code of Ordinances 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) was read by Pazour for initial consideration. Moved by Pazour, seconded by Lammers to approve the first reading of Ord. No. 06-27. All in favor, motion carried.
Resolution No. 19049 approving Resolution of Intent to approve request for Tax Increment Finance from Collins Road Extension Urban Renewal Area (Ideal Window and Door Supply, 4701 10th Avenue) was read by Adamson. Moved by Adamson, seconded by Wagner to approve Res. No. 19049. All in favor, motion carried.
Ordinance No. 06-28 related to establishing speed limits on Highways US 151, US Business Highway 151 and Iowa Highway 13 was read by Wagner for initial consideration. Moved by Wagner, seconded by Pazour to approve the first reading of Ord. No. 06-28. All in favor, motion carried.
Resolution No. 19050 accepting bids and awarding a contract for the 2006 Sidewalk Repair Project to Eggleston Concrete Contractors in the amount of $17,202.00 was read by Lammers. Moved by Lammers, seconded by Pazour to approve Res. No. 19050. All in favor, motion carried.
William Cary, 7814 Thorndale Drive NE, Cedar Rapids, of Shive Hattery, Inc., made a presentation to Council regarding the 29th Avenue Extension Project.
Moved by Pazour, seconded by Lammers to concur with TAC recommendation for no change regarding travel lanes on 1st Avenue between 22nd and 31st Streets (Larry Hansen, 1235 B Avenue). All in favor, motion carried.
Moved by Adamson, seconded by Pazour to concur with TAC recommendation for no change regarding traffic control at 10th Avenue and Willow Park Court (Patti Herman). All in favor, motion carried.
Moved by Wagner, seconded by Pazour to concur with TAC recommendation for no change regarding pedestrian signal at McGowan Boulevard and 35th Street (Jeff Schneekloth, Wilkins School Principal). City Engineer Dan Whitlow explained that the intersection does not meet warrants for a signal. All in favor, motion carried.
Ordinance No. 06-23 amending Chapter 23 of the Municipal Code relating to solid waste collection fees was read by Wagner for second consideration. Moved by Wagner, seconded by Lammers to approve the second reading of Ord. No. 06-23. 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 Lammers for second consideration. Moved by Lammers, seconded by Pazour to approve the second reading of Ord. No. 06-24. All in favor, motion carried.
Resolution No. 19051 approving contract for services with Jeff Schott was read by Pazour. Moved by Pazour, seconded by Adamson to approve Res. No. 19051. All in favor, motion carried.
Moved by Adamson, seconded by Pazour to approve the Project Calendar regarding 2005 City Hall Project, as follows:
a. Resolution No. 19052 approving Partial Payment No. 12 to Kleiman Construction related to 2005 City Hall Project in the amount of $279,433.95.
b. Resolution No. 19053 approving Change Order No. 1 related to structured cabling additions related to the 2005 City Hall Project to Erb’s Business Machines in the amount of $3,463.00.
c. Resolution No. 19054 approving contract with Pioneer Workspace Solutions for interior signage related to the 2005 City Hall Project in the amount of $9,028.35.
d. Resolution No. 19055 setting public hearing for November 2, 2006 on a loan agreement in the principal amount of $285,577.00 related to the 2005 City Hall Project geothermal system.
e. Resolution No. 19056 setting public hearing for October 19, 2006 related to lease agreement with Marion Chamber of Commerce.
All in favor of motion to approve the Project Calendar, motion carried.
Mayor Nieland recommended the following appointments: City Manager Selection Committee (John Nieland, Paul Rehn, Kay Lammers, Katie Mulholland, Vic Klopfenstein, Steve Jensen, Harry Daugherty, Susan Kling, Sue Tate); Public Advisory and Resource Committee related to 29th Avenue Extension Project (Rick Ironside, Brian Cruise, Dan Whitlow, Maryann Shinrock, Bernard Berntsen, Steve Brown, Tom Bice, Kim Colberg; Craig Adamson and John Nieland) and the reappointment of Mary Ann McComas to the Water Board of Trustees with term to expire November 1, 2012. Moved by Lammers, seconded by Pazour to concur with the Mayor’s recommendations. All in favor, motion carried.
Council Discussion:
Council Member Lammers noted that she was the speaker for the Kiwanis Club. One of their members lives on County Home Road. He indicated that he has not noticed an increase in the refuse truck traffic to the landfill.
Council Member Adamson asked if he should have abstained on the vote regarding appointments to the 29th Avenue Extension Project committee since he was being appointed. Mayor Nieland stated he did not need to abstain.
Mayor Nieland adjourned the meeting at 8:12 p.m.
_______________________________
John B. Nieland, Mayor
Attest:
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Beth J. Little, Assistant City Clerk