January 11, 2007
The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, January 11, 2007, 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, Pazour, and Adamson. Absent: None.
The meeting was opened with the Pledge of Allegiance.
Moved by Lammers, seconded by Pazour to approve the consent calendar as follows:
Motion to approve Project Calendar related to Planning and Development Department payments, as follows:
a. Resolution No. 19176 approving Partial Payment No. 2 to Howard R. Green Company for work related to the 2006 Brownfield Assessment Grant (Petroleum) in the amount of $1,856.25.
b. Resolution No. 19177 approving Partial Payment No. 2 to Howard R. Green Company for work related to the 2006 Brownfield Assessment Grant (Hazardous Substances) in the amount of $3,233.75.
c. Resolution No. 19178 approving Partial Payment No. 11 to Howard R. Green Company for work related to the 2005 Brownfield Cleanup Grant in the amount of $810.00.
d. Resolution No. 19179 approving Partial Payment No. 24 to ECICOG for work related to the 2004 Housing Rehabilitation Grant Administration in the amount of $3,330.00.Motion to receive and file annexation request for property located east of Alburnett Road, north of Randolph Road in Linn County (Mary E. Stark and Dennis J. Stevenson, Summerfield Investments, L.L.C.).
Resolution No. 19180 setting public hearing for February 15, 2007 regarding annexation request for property located east of Alburnett Road, north of Randolph Road in Linn County (Mary E. Stark and Dennis J. Stevenson, Summerfield Investments, L.L.C.).
Resolution No. 19181 approving Partial Payment No. 2 to Brain Engineering for surveying/plat services regarding the railroad property in the amount of $2,271.50.
Motion to approve Project Calendar regarding acceptance of public improvements to the following subdivisions:
a. Resolution No. 19182 accepting sanitary sewer along the north side of Tower Terrace Road from Station 100+56 to 123+19 within the Prairie Bend First Addition to the City of Marion.
b. Resolution No. 19183 accepting the public improvements for the Rolling Hill Estates Seventh Addition to the City of Marion.Motion to receive and file correspondence regarding parking on 29th Avenue (Vickie Johnson, 2667 29th Avenue and Sue Taylor, 2891 29th Avenue).
Motion to receive and file report regarding 2006-07 Public Services Department Work Program.
Motion to approve the minutes of the December 19 and 21, 2006 City Council meetings.
Motion to approve bills as presented in the amount of $684,116.90.
Resolution No. 19184 approving renewal of Class C Beer Permit with additional privilege for Sunday Sales for Murphy Oil USA, Inc. dba Murphy Oil USA # 7287.
Resolution No. 19185 accepting the waiver of hearing and the consent to penalty/settlement agreement with VIP Lounge #LC 23915 regarding alcohol sales regulations.
Resolution No. 19186 accepting the waiver of hearing and the consent to penalty/settlement agreement with Market Express #H2122 regarding tobacco sales regulations.
Resolution No. 19187 accepting the waiver of hearing and the consent to penalty/settlement agreement with Cedar Rapids Bowling Center #LC 0029746 regarding alcohol sales regulations.
Resolution No. 19188 approving Partial Payment No. 2 to Clifton Gunderson LLP for audit services for the FY 05-06 audit in the amount of $2,950.
Resolution No. 19189 approving purchase of four patrol cars from Charles Gabus Ford, Des Moines, IA in the amount of $83,564.60.
Motion to receive and file report related to the 2005 Crime Rate.
Motion to receive and file letter of resignation from Sharon Reilly, Arts Council.
All in favor of motion to approve the consent calendar, motion carried.
Moved by Pazour, seconded by Lammers to suspend the rules and place Ord. No. 06-35 on the agenda for adoption and to adopt Ord. No. 06-35. All in favor, motion carried.
Ordinance No. 07-01 amending the Code of Ordinances regarding a request to rezone property located south of Boyson Road, west of Geode Street from A-1, Rural Restricted to R-3, Two-Family Residential (Robert Burger, Burger Homes and Development, Inc.) was read by Adamson for initial consideration. Moved by Adamson, seconded by Rehn to approve the first reading of Ord. No. 07-01. Roll Call: Yeas: Cram and Nieland. Nays: Wagner, Rehn, Lammers, Pazour, and Adamson. Motion failed.
Resolution No. 19190 approving contract with the Iowa Department of Economic Development Community Development Block Grant (CDBG) Program for Economic Development Set-Aside loan to Launch Kwik-Way, Inc. was read by Cram. Moved by Cram, seconded by Pazour to approve Res. No. 19190. All in favor, motion carried.
Resolution No. 19191 approving contract with East Central Iowa Council of Governments for administration of the Community Development Block Grant (CDBG) Program for Economic Development Set-Aside loan to Launch Kwik-Way, Inc. was read by Wagner. Moved by Wagner, seconded by Rehn to approve Res. No. 19191. All in favor, motion carried.
Resolution No. 19192 approving Brownfield Project Financial Assistance Agreement with the Iowa Department of Economic Development related to Brownfield Forgivable Loan in the amount of $150,000.00 was read by Rehn. Moved by Rehn, seconded by Pazour to approve Res. No. 19192. All in favor, motion carried.
Resolution No. 19193 establishing no parking 50’ west and 100’ east on the north side of 29th Avenue at various intersection locations between Indian Creek Road and 35th Street was read by Lammers. Moved by Lammers, seconded by Rehn to approve Res. No. 19193. Moved by Rehn, seconded by Lammers to receive and file correspondence from Pam and Randy Cibula, 2769 29th Avenue, opposing removal of parking, and a petition also opposing removal of parking on 29th Avenue. All in favor, motion carried. Steve Phillips, 2199 29th Avenue, Vickie Johnson, 2667 29th Avenue, Jim Paulson, 3255 29th Avenue, Richard Nurre, 2855 Northview Drive, Sue Taylor, 2891 29th Avenue, Jeff Miles, 2861 29th Avenue, Robert Jordan, 3355 29th Avenue, Marilyn Benesh, 3495 29th Avenue, Jane Hawley, 3125 29th Avenue, Ruth Bernstein, 2583 29th Avenue, and Ron Larson, 3235 29th Avenue, spoke opposing removal of parking. Gene Korleski, 2905 Edgebrooke Drive, stated that this is a safety issue and parking should be removed for 200 feet. Joe Spinks, 3165 29th Avenue, Harry Hawley, 3125 29th Avenue, and Arlene Carson, 2709 29th Avenue, spoke opposed to removal of the parking. Moved by Rehn, seconded by Lammers to table Res. No. 19193 to the January 18th Council meeting. Roll Call: Yeas: Rehn. Nays: Wagner, Nieland, Lammers, Pazour, Adamson, and Cram. Motion failed. Roll Call on Res. No. 19193: Yeas: Rehn and Wagner. Nays: Nieland, Lammers, Pazour, Adamson, and Cram. Motion failed.
Resolution No. 19194 amending the sanitary sewer boundary established by the Linn Mar sanitary sewer trunk line extension north of Randolph Road was read by Pazour. Moved by Pazour, seconded by Wagner to approve Res. No. 19194. All in favor, motion carried.
Resolution No. 19195 approving additional funding related to replacement of swimming pool filter room doors in the amount of $8,545 was read by Adamson. Moved by Adamson, seconded by Pazour to approve Res. No. 19195. All in favor, motion carried.
Resolution No. 19196 accepting the Lowe Park Art and Environment Center Project was read by Cram. Moved by Cram, seconded by Rehn to approve Res. No. 19196. All in favor, motion carried.
Moved by Wagner, seconded by Pazour to approve the Project Calendar regarding 2005 City Hall Project, as follows:
a. Resolution No. 19197 approving Partial Payment No. 3 related to furnishings for the 2005 City Hall Project to Pioneer Workspace Solutions in the amount of $32,801.62.
b. Resolution No. 19198 approving Partial Payment No. 3 related to design services for interior signage for the 2005 City Hall Project to Pioneer Workspace Solutions in the amount of $43.75.
c. Resolution No. 19199 approving Partial Payment No. 14 to Kleiman Construction, Inc. regarding the 2005 City Hall Project in the amount of $15,480.25.
All in favor of motion to approve the Project Calendar, motion carried.
Resolution No. 19200 approving installing wireless internet system within City Hall by Erb’s Business Machines in the amount of approximately $6,531.00 was read by Rehn. Moved by Rehn, seconded by Pazour to approve Res. No. 19200. All in favor, motion carried.
Resolution No. 19201 approving expanding wireless interconnectivity between city facilities (Phase II) in the amount of $4,500 (Erb’s) was read by Lammers. Moved by Lammers, seconded by Pazour to approve Res. No. 19201. All in favor, motion carried.
Resolution No. 19202 approving the extension of the McLeodUSA Telecommunications Services, Inc. D/B/A McLeodUSA ATS Cable Television Franchise heretofore approved for transfer to JB and SG Communications, LLC, an Iowa Limited Liability Company until negotiations are completed regarding the renewal of said franchise was read by Pazour. Moved by Pazour, seconded by Wagner to approve Res. No. 19202. All in favor, motion carried.
Mayor Nieland recommended the following appointments:
Americans with Disabilities Act Committee – Kevin Morgan
Central Corridor Brownfields Steering Committee – Gary Nesteby
Arts Council – Joyce Dietzgen - term expires 01/01/2008
Moved by Rehn, seconded by Lammers to concur with the Mayor’s recommendations. All in favor, motion carried.
Mayor Nieland also recommended the following reappointments:
Construction Code Review Board:
Larry Nesset Term expires 01/01/2011
Jim McDonald Term expires 01/01/2011
Tom Mooney Term expires 01/01/2011
Moved by Rehn, seconded by Lammers to concur with the Mayor’s recommendations. All in favor, motion carried.
Council Discussion:
Council Member Lammers stated that she would like to be able to ask questions during the public hearing while the speaker is at the podium. Council Member Pazour concurred. Mayor Nieland suggested that chairs be removed in the Council Chambers so there is a center isle. He stated that would make it easier for people to get to the podium.
Council Member Pazour stated that there needs to be a smoking receptacle outside of City Hall. City Engineer Dan Whitlow stated that they are on order.
Mayor Nieland adjourned the meeting at 8:47p.m.
____________________________
John B. Nieland, Mayor
Attest:
____________________________
Beth J. Little, Assistant City Clerk