February 15, 2007
The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, February 15, 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, Lammers, and Pazour. Absent: Rehn and Adamson.
The meeting was opened with the Pledge of Allegiance.
Charles Kress, 2745 Heather View Circle, spoke regarding the FY 07-08 budget request for $25,000 as a potential match for a state grant being solicited by the Waste Not Iowa Organization. Mr. Kress stated that he supports the letter that the Acting City Manager sent to the Linn County/Cedar Rapids Solid Waste Agency this week. He explained that he suggested that the landfill accept waste from Jones County. He noted that regional solid waste facilities are better for the State. He also noted that unlined landfills must be closed by next year.
Peggy Fite, 457 22nd Street NW, Cedar Rapids, Cedar Valley Humane Society Board Member, requested more funding from the City of Marion for animal care services provided by the Cedar Valley Humane Society.
Moved by Lammers, seconded by Pazour to receive and file and refer to TAC the correspondence from John Sevier, 975 33rd Avenue, Unit #3, President of the Carrington Place Homeowners Association, regarding parking at the northeast corner of 33rd Avenue and 9th Street and streetlight repair south of that intersection. All in favor, motion carried.
Moved by Wagner, seconded by Pazour to receive and file the report from the Cedar Valley Humane Society. All in favor, motion carried.
Resolution No. 19244 approving payment from the Winslow Road Tax Increment Financing Fund to Marion Churches Senior Living Community Foundation for assistance related to the Low Income Senior Housing Project (Project No. 3) in the amount of $60,000.00.Resolution No. 19245 approving vacation of drainage and utility easement and establishment of drainage and storm sewer easement located over Lot 33 of Prairie Hill Seventh Addition (Prairie Hill Development Co. request).
Resolution No. 19246 approving sub-recipient agreement between the City of Marion and Launch Kwik-Way, Inc., related to the Economic Development Set-Aside Program Forgivable Loan in the amount of $135,000.
Motion to approve Project Calendar regarding Engineering Department payments, as follows:
a. Resolution No. 19247 approving Partial Payment No. 3 to Brain Engineering, Inc. for surveying/plat services regarding the railroad property in the amount of $571.75.
b. Resolution No. 19248 approving partial reimbursement to Pheasant Ridge Development, LLC for the over width/over depth of paving associated with the installation of 44th Street in the Briargate First Addition in the amount of $33,201.50.
c. Resolution No. 19249 approving reimbursement to Primus Construction, Inc. for the over width/over depth of paving associated with the installation of 35th Street in the Coves First Addition in the amount of $26,781.08.
d. Resolution No. 19250 approving Partial Payment No. 5 to Shive-Hattery, Inc. for engineering services regarding the 29th Avenue Extension Project in the amount of $42,245.61.Motion to approve Project Calendar regarding acceptance of certain public improvements, as follows:
a. Resolution No. 19251 accepting the public improvements for Highview First Addition to the City of Marion.
b. Resolution No. 19252 accepting REC Drive and 44th Street between Station 0+60 to 13+33 associated with the Briargate First Addition to the City of Marion.
c. Resolution No. 19253 accepting 35th Street associated with the Coves First Addition to the City of Marion.Motion to receive and file request to defer public improvements on a portion of 29th Avenue (Flynn Homes, Inc.).
Motion to approve the minutes of the January 30 and February 1, 2007 City Council meetings.
Motion to approve bills as presented in the amount of $492,435.28.
Resolution No. 19254 setting a public hearing for March 15, 2007 regarding the proposed assessment of delinquent fees.
Motion to receive and file 2006 Police Department Annual Report.
Motion to approve Hold Harmless Agreement regarding Heat Team training.
Resolution No. 19255 authorizing sale of four sections of surplus large diameter fire hose to West Bertram Fire Department in the amount of $200.
Motion to receive and file copies of future fire station needs presentation.
Resolution No. 19256 setting public hearing for March 1, 2007 regarding the sale of city-owned property located east of Armar Drive south of Marion Boulevard to Anace Aossey.
Motion to receive and file 2006 Park and Recreation Annual Report.
Motion to receive and file 2007 Park Maintenance Department Work Program.
Resolution No. 19257 approving payment replacing server switches for the 2005 City Hall Project to Erb’s Business Machines in the amount of $4,618.00.
Motion to receive and file Departmental Monthly Reports for January 2007.
Motion to receive and file correspondence from Marion-East Cedar Rapids Rotary Board of Directors.
Mayor Nieland opened the public hearing 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.). Planning and Development Director Tom Treharne presented the staff report. Council Member Wagner asked about the fiscal impact. Mr. Treharne explained the calculations. No other comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Moved by Cram, seconded by Pazour to approve the Project Calendar 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.) as follows:a. Motion to receive and file Fiscal Impact Analysis regarding annexation of 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.).
b. Resolution No. 19258 approving annexation of 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.).
All in favor of motion to approve the Project Calendar, motion carried.
Resolution No. 19259 approving Edgebrooke Estates First Addition Final Plat and Memorandum of Agreement located south of Tower Terrace Road (formerly 35th Avenue) and east of Indian Creek Road (Country Creek, LLC) was read by Wagner. Moved by Wagner, seconded by Pazour to approve Res. No. 19259. All in favor, motion carried.
Resolution No. 19260 amending contract with Brain Engineering, Inc. for surveying/plat services regarding the railroad property and approving Final Payment in the amount of $5,250.00 was read by Lammers. Moved by Lammers, seconded by Wagner to approve Res. No. 19260. All in favor, motion carried.
Resolution No. 19261 approving bridge length for the 29th Avenue Extension Project was read by Pazour. Moved by Pazour, seconded by Lammers to approve Res. No. 19261. All in favor except Wagner, motion carried.
Moved by Pazour, seconded by Lammers to approve the Project Calendar for the 2007 Sidewalk Assessment Project, as follows:
a. Motion to receive and file Sidewalk Assessment Committee recommendations for 2007 projects.
b. Motion to retain the City Engineer as Project Engineer for the 2007 Sidewalk Assessment Project.
c. Resolution No. 19262 approving the preliminary resolution pursuant to Chapter 384.42 of the Code of Iowa for the 2007 Sidewalk Assessment Project.
d. Resolution No. 19263 approving the proposed resolution of necessity and setting public hearing for March 15, 2007, for the 2007 Sidewalk Assessment Project.
All in favor of motion to approve the Project Calendar, motion carried.
Mayor Nieland opened the public hearing related to adoption of Cable Television Franchise Ordinance. City Attorney Don Hoskins presented the staff report. Steve Gray, 2649 Indian Hill Road, Cedar Rapids, representing ImOn Communications, spoke in support of the ordinance. Jon Koebrick, Mediacom Communications Corporation, 6300 Council Street NE, Cedar Rapids, asked that Council take this opportunity to carefully review the franchise agreement. No other comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Ordinance No. 07-02 amending Chapter 113 of the Code of Ordinances, City of Marion, regulating Cable Television Systems and providing for payment of franchise fees was read by Cram for initial consideration. Moved by Cram, seconded by Lammers to approve the first reading of Ord. No. 07-02. All in favor, motion carried.
Resolution No. 19264 approving mortgage or pledge of cable system assets by ImOn Communications LLC was read by Wagner. Moved by Wagner, seconded by Pazour to approve Res. No. 19264. All in favor, motion carried.
Ordinance No. 07-03 amending Chapter 5 of the Code of Ordinances, City of Marion, by providing for approval of employment agreements was read by Lammers for initial consideration. Moved by Lammers, seconded by Pazour to approve the first reading of Ord. No. 07-03. All in favor, motion carried.
Council Member Pazour thanked the citizens for removing their cars for snow plowing.
Council Member Lammers asked about the landscape plan for the City Hall parking lot. City Engineer Dan Whitlow stated that staff is working on a revised plan.
Mayor Nieland expressed concern about a disabled car in the City Hall parking lot. Police Chief Harry Daugherty stated that it will be towed if not removed after 24 hours.
City Attorney Don Hoskins stated that a special meeting is needed to approve the cable franchise ordinance before their scheduled closing date.
Mayor Nieland adjourned the meeting at 8:09 p.m.
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John B. Nieland, Mayor
Attest:
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Beth J. Little, Assistant City Clerk