November 2, 2006
The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, November 2, 2006, at 7:00 p.m. in the council chambers of City Hall with Mayor Nieland presiding and the following council members present: Wagner, Rehn, Lammers, Pazour, and Adamson. Absent: Cram.
The meeting was opened with the Pledge of Allegiance.
Council Member Pazour stated that she disagrees with statements made by Council Member Wagner regarding his election campaign for the Iowa House District No. 36. She asked the press to meet her in the foyer after the Council meeting so she could express her views on this matter.
City Manager Jeff Schott noted that this is the first formal Council meeting at the new City Hall. He reviewed various features of the Council Chambers. Bob Ledo, Senior Vice President of Coffeen Fricke & Associates, Inc, Lenexa, Kansas, reviewed the audio/visual system with the City Council.
Moved by Rehn, seconded by Lammers to approve the consent calendar as follows:
Resolution No. 19090 approving Payment No. 9 to Howard R. Green Company for services related to the 2005 Brownfields Cleanup Grant in the amount of $1,404.00.Resolution No. 19091 approving request for waiver of subdivision requirements regarding City of Marion’s rights for review of Marth First Addition located south of County Home Road, west of C Avenue within the city two-mile extraterritorial jurisdiction, but outside the City of Marion Service Area (Richard D. Marth Revocable Trust).
Resolution No. 19092 approving vacation of 10-foot utility easement located on part of Lots 26 and 27 of Pheasant Trail Second Addition (Pheasant Ridge Development, LLC).
Motion to receive and file request for funding from Winslow Road Tax Increment Financing District Fund, as follows:
a. Aging Services, Inc.
b. Milestones in MarionResolution No. 19093 accepting public improvements for Stonefield 5th Addition to the City of Marion.
Motion to receive and file correspondence related to the following traffic issues:
a. Objecting to stop light at the corner of McGowan Boulevard and 35th Street (Duane and Joan Grave, 3450 McGowan Boulevard).
b. Request for crosswalk west at 35th Street between Pizza Ranch and Hy-Vee and on Linden Drive between Family Video and Fareway.Motion to receive and file and refer to TAC request for No Parking on 29th Avenue at the entrance to Roseberry Court and on Roseberry Court at 29th Avenue (Rubin Moffett, 3015 Roseberry Court).
Motion to receive and file report regarding trunk sanitary sewer project financing (Public Financial Management).
Motion to approve the minutes of the October 17 and 19, 2006 City Council meetings.
Motion to approve bills as presented in the amount of $350,186.72.
Resolution No. 19094 approving renewal application for a Class B Liquor Permit with additional privilege for Sunday Sales and Catering for The Longbranch, Inc. dba Best Western Longbranch Hotel.
Resolution No. 19095 approving renewal application for a Class C Beer Permit with additional privilege for Class B Wine and Sunday Sales for Quik Trip Corporation dba Quik Trip #504.
Resolution No. 19096 approving renewal application for a Class C Beer Permit with additional privilege for Sunday Sales for HY-VEE, INC. dba HY-VEE Gas.
Resolution No. 19097 approving renewal application for a Class C Liquor Permit with additional privilege for Outdoor and Sunday Sales for Dumas’s, L.C. dba Dumas’s.
Motion to receive and file revised Personnel Policies.
Motion to receive and file request for FY 07-08 Hotel-Motel Tax funding: Greater Cedar Rapids Open and Liar’s Theatre.
All in favor of motion to approve the consent calendar, motion carried.
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 Lammers for final consideration. Moved by Lammers, seconded by Pazour to approve the third reading of Ord. No. 06-25. All in favor, motion carried.
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 Pazour for final consideration. Moved by Pazour, seconded by Wagner to approve the third reading of Ord. No. 06-26. All in favor, motion carried.Mayor Nieland opened the public hearing regarding the development agreement with Ideal Window and Door Supply, authorizing tax abatement and Tax Increment Rebates and pledging certain tax increment revenues to the payment of the agreement (4701 10th Avenue). No comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Resolution No. 19098 approving development agreement with Ideal Window and Door Supply authorizing tax abatement and Tax Increment Rebates and pledging certain tax increment revenues to the payment of the Agreement (4701 10th Avenue) was read by Adamson. Moved by Adamson, seconded by Pazour to approve Res. No. 19098. All in favor, motion carried.
Resolution No. 19099 approving application of Rathje Brothers Investments for property tax exemption for construction of a new building located within the 44th Street Urban Revitalization District (305 44th Street) was read by Wagner. Moved by Wagner, seconded by Rehn to approve Res. No. 19099. All in favor, motion carried.
Mayor Nieland opened the public hearing regarding the Grand Avenue/East Post Road Urban Revitalization Plan. Mark Morgan, owner of Foster’s Plumbing and Heating, 1040 East Post Road, asked for an explanation of the Urban Revitalization Plan. Assistant Planning and Development Director Dave Hockett presented the staff report. City Manager Jeff Schott explained that projects must meet specific criteria and be approved by the City Council to be eligible for property tax abatements. He noted that the City has a number of Urban Revitalization Districts and that the benefits of the districts expire at different times. Mr. Morgan stated that he is in favor of the Urban Revitalization Plan. No other comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Resolution No. 19100 finding that the rehabilitation, conservation, redevelopment or combination thereof of a proposed Urban Revitalization Area is necessary in the interest of the public health, safety or welfare of the residents of the City and the criteria set forth under Chapter 404 of the Code of Iowa ( Grand Avenue/East Post Road Urban Revitalization Plan) was read by Rehn. Moved by Rehn, seconded by Pazour to approve Res. No. 19100. All in favor, motion carried.
Ordinance No. 06-33 establishing the Grand Avenue Urban Revitalization Area was read by Lammers for initial consideration. Moved by Lammers, seconded by Pazour to approve the first reading of Ord. No. 06-33. All in favor, motion carried.
Moved by Pazour, seconded by Adamson to approve the Project Calendar regarding the U.S. 151/Iowa 13 and Iowa 100 Intersection Improvement Project, as follows:a. Resolution No. 19101 approving and adopting final plans, specifications, notice of letting, notice to bidders and form of contract and estimate of cost for the U.S. 151/Iowa 13 and Iowa 100 Intersection Improvement Project.
b. Resolution No. 19102 accepting bids and awarding a contract to Tschiggfrie Excavating Co., Inc. for the U.S. 151/Iowa 13 and Iowa 100 Intersection Improvement Project in the amount of $442,339.29.
City Engineer Dan Whitlow reviewed the project. All in favor of motion to approve the Project Calendar, motion carried.
Resolution No. 19103 approving installation of stop sign at Quarry Oak Drive at its intersection with Newcastle Road (Karen George, 2160 Timber Creek Drive) was read by Adamson. Moved by Adamson, seconded by Lammers to approve Res. No. 19103. All in favor, motion carried.
Resolution No. 19104 contract for services for surveying/plat of survey of railroad property with Brain Engineering not to exceed $10,000 was read by Wagner. Moved by Wagner, seconded by Rehn to approve Res. No. 19104. All in favor, motion carried.
Moved by Rehn, seconded by Pazour to reset bid opening date to November 14, 2006 for the 2006 Sanitary Service Slip Lining Project. All in favor, motion carried.
Ordinance No. 06-30 relating to adoption by reference of the International Building Code, 2006 Edition and the International Residential Code, 2006 Edition and providing penalties was read by Lammers for second consideration. Moved by Lammers, seconded by Pazour to approve the second reading of Ord. No. 06-30. All in favor, motion carried.
Ordinance No. 06-31 relating to adoption by reference of the International Plumbing Code, 2006 Edition and providing penalties was read by Pazour for second consideration. Moved by Pazour, seconded by Lammers to approve the second reading of Ord. No. 06-31. All in favor, motion carried.
Ordinance No. 06-32 relating to adoption by reference of the International Mechanical Code, 2006 Edition and the Uniform Mechanical Code, 2006 Edition and providing penalties was read by Adamson for second consideration. Moved by Adamson, seconded by Pazour to approve the second reading of Ord. No. 06-32. All in favor, motion carried.
Mayor Nieland opened the public hearing regarding loan agreement in a principal amount of $285,577 for the geo-thermal system at City Hall. Mayor Nieland explained that both the Lowe Park Arts and Environment Center and the new City Hall have geo-thermal systems. City Manager Jeff Schott stated that no action should be taken tonight because the attorneys are still reviewing the documents. Mark Morgan, owner of Foster’s Plumbing and Heating, 1040 East Post Road, asked why a public hearing was necessary. Mr. Schott explained that State law requires a public hearing for the financing. No other comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Moved by Wagner, seconded by Rehn to approve the Project Calendar regarding the 2005 City Hall Project, as follows:
a. Resolution No. 19105 approving Change Order No. 3 related to structured cabling additions related to the 2005 City Hall Project to Erb’s Business Machines in the amount of $1,286.00.
b. Resolution No. 19106 approving Partial Payment No. 1 related to installation of wireless internet services related to the 2005 City Hall Project to Dynamic Broadband in the amount of $1,275.04.
c. Resolution No. 19107 approving Partial Payment No. 2 related to installation of wireless internet services related to the 2005 City Hall Project to Dynamic Broadband in the amount of $924.93.
d. Resolution No. 19108 approving payment for painting office files related to the 2005 City Hall Project to O’Connell Bros. in the amount of $2,750.00.
e. Resolution No. 19109 approving Partial Payment No. 10 to Howard R. Green Company for construction services related to the 2005 City Hall Project in the amount of $3,321.80.
f. Resolution No. 19110 approving Partial Payment No. 1 to Fandel Alarms, Inc. for additional fire alarm set-up related to the 2005 City Hall Project in the amount of $275.00.
g. Resolution No. 19111 approving Change Order No. 1 to add key pad related to the 2005 City Hall Project to Per May Security Services in the amount of $100.00.
All in favor of motion to approve the Project Calendar, motion carried.
City Manager Jeff Schott presented the staff report regarding the new City Hall. He reported on the lighting in the Council Chambers and the name plates for the Council Members. He also reviewed the automatic locking system for the doors. He suggested requesting a change order to add automatic locking doors to the north doors and the other south door. Council expressed support for adding the automatic locking doors.
Mayor Nieland recommended the appointment: of Terry Speral, Park Board representative, and Gordon Trimble, Ward II representative, to the Priorities Advisory Committee. Moved by Rehn, seconded by Lammers to concur with the Mayor’s recommendation. All in favor, motion carried.
Council Discussion:
Council Member Lammers stated that the pigeon issue has not been resolved. She requested that City Council discuss whether an ordinance change should be considered. City Manager Jeff Schott stated that he will add this to the agenda for discussion at the November 14th work session.
Mayor Nieland noted that the Ribbon Cutting/Open House for the new City Hall will be Thursday, November 9th from 11:00 a.m. to 1:00 p.m.
Council Member Adamson congratulated City Manager Jeff Schott on his new position with the University of Iowa’s Institute for Public Affairs. He also noted that his daughter will be celebrating her 2nd birthday.
City Manager Jeff Schott reminded Council of the Budget Goal setting meeting on Tuesday, November 7th at 3:00 p.m.
Mayor Nieland reminded everyone to vote on Tuesday, November 7th.
Mayor Nieland adjourned the meeting at 7:58 p.m.
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John B. Nieland, Mayor
Attest:
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Beth J. Little, Assistant City Clerk