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Published on The City of Marion, Iowa (http://cityofmarion.org)

Council Minutes - April 5, 2007

By City Administration
Created Apr 9 2007 - 10:06am

April 5, 2007

 

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, April 5, 2007, at 7:00 p.m. in the council chambers of City Hall with Mayor Nieland presiding and the following council members present:  Wagner, Rehn, and Pazour.  Absent:  Cram, Lammers and Adamson.

The meeting was opened with the Pledge of Allegiance.

Council Members Cram and Adamson arrived at 7:03 p.m.

Mayor Nieland administered the oath of office to new patrol officers Christopher Ward and Benjamin Lord.

Moved by Adamson, 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. 19307 approving Partial Payment No. 14 to Howard R. Green Company for services related to the 2005 EPA Brownfields Cleanup Grant in the amount of $1,210.14.
    b.       Resolution No. 19308 approving Partial Payment No. 6 to Howard R. Green Company for work related to the 2006 Brownfield Assessment Grant (Hazardous Substances) in the amount of $8,154.10
    c.       Resolution No. 19309 approving Partial Payment No. 6 to Howard R. Green Company for work related to the 2006 Brownfield Assessment Grant (Petroleum) in the amount of $7,842.85.
    d.       Resolution No. 19310 approving Payment No. 10 to Flat Earth Planning for services related to updating the Marion Zoning Ordinance in the amount of $2,060.00.

Motion to receive and file recommendations from the Planning and Zoning Commission regarding moratorium on the placement of wind generators until such time that an ordinance is established regarding placement of such device.

Resolution No. 19311 setting public hearing for April 19, 2007 related to the Five-Year Capital Improvement Program for FY 07-08 through 12-13.

Motion directing staff to review sign ordinance regulations relating to open house signs (Kevin Platz, Cedar Rapids Area Association of Realtors).

Motion to receive and file request and refer to Tax Increment Financing Advisory Committee for TIF funding (First United Methodist Church).

Motion to receive and file and refer to the Planning and Zoning Commission, as follows:
   a.     Bowman Woods Unit Thirty-Three Revised Preliminary Plat, located south of East Robins Road west of Newcastle Road (Midwest Development Company).
   b.     Request to vacate and purchase a portion of the east/west alley in the block bounded by 30th and 31st Streets and 5th and 6th Avenues (T & V Properties, LLC).

Motion to receive and file Prairie Bend Second Addition Final Plat, located west of 35th Street south of Tower Terrace Road (Morris Wood, LLC).

Resolution No. 19312 approving Partial Payment No. 8 to Veenstra & Kimm, Inc. for engineering services regarding the Squaw Creek Basin Flood Map Revisions in the amount of $5,000.00.

Resolution No. 19301 approving contract and bond for the 2007 Orrian Drive Sanitary Sewer Drainage Project with Rathje Construction Co. in the amount of $16,656.00

Resolution No. 19313 setting a public hearing for April 19, 2007, regarding establishing hook-up fees related to a sanitary sewer along the north side of Tower Terrace Road from Station 100+56 to 123+19 associated with the Prairie Bend First Addition to the City of Marion.

Motion to receive and file recommended 2007 HMA Overlay and Curb Replacement Project locations.

Motion to receive and file, as follows:
    a.     Request for no parking on the west side of Country Club Drive from McGowan Boulevard to 80’ north (Gary Kamp, 1255 Linn-Mar Court).
    b.     Request for no parking at the northwest corner of McGowan Boulevard and 27th Street and the west end of 23rd Avenue at 27th Street (Staff recommendations).
    c.     Motion to receive and file request to reconsider a request for additional no parking on the east side of 9th Street south of 33rd Avenue (John Sevier, 975 33rd Avenue – Unit No. 3).

Motion to authorize soliciting bids for skid steer loader replacement for FY 07-08.

Motion to authorize soliciting quotes for new garbage truck for FY 07-08.

Motion to approve the minutes of the March 13 and 15, 2007 City Council meetings.

Motion to approve bills as presented in the amount of $626,002.01.

Resolution No. 19314 approving renewal application for a Class C Liquor permit with additional privilege for Outdoor and Sunday Sales for Hunters Ridge Development Company LC dba Hunters Ridge Golf Course.

Resolution No. 19315 approving renewal application for a Class C Liquor (Beer & Wine) permit with additional privilege for Sunday Sales for Zoey’s Pizzeria, Inc. dba Zoey’s Pizzeria.

Resolution No. 19316 approving renewal application for a Class C Beer permit with additional privilege for Sunday Sales for Carpenter Companies, Inc. dba Short Stop Marion.

Resolution No. 19317 approving renewal application for a Class C Beer permit with additional privilege for Sunday Sales for Fauser Oil Company, Inc. dba Pantry Express.

Resolution No. 19318 accepting the waiver of hearing and the consent to penalty/settlement agreement with Castle Lanes Bowling # LC 0032707 regarding alcohol sales regulations.

Resolution No. 19319 accepting the wavier of hearing and the consent to penalty/settlement agreement with Quik Trip #BC 0026663 regarding alcohol sales regulations.

Motion to receive and file revised cash flow analysis for the City of Marion for the period July 1, 2006 to June 30, 2008.

Motion to receive and file FY 05-06 audit prepared by Clifton Gunderson LLP.

Motion to approve Project Calendar regarding FY 06-07 and 07-08 budgets as follows:
   a.     Resolution No. 19320 approving agreements for FY 07-08 Hotel-Motel funding with Marion Arts Festival, Entrepreneurial Development Center, Red Cedar Chamber Music, MEDCO, Marion Chamber of Commerce – Tourism, Marion Historical Museum, Inc. – Granger House, Marion Historical Museum, Inc. – Heritage Center, Cedar Rapids Area Convention & Visitors Bureau, Marion Boys Baseball and Marion Cultural and Entertainment District.
   b.     Resolution No. 19321 approving Early Retirement Option Program for FY 07-08.
   c.     Resolution No. 19322 approving retainer agreements with City Attorney and Assistant City Attorneys for the period July 1, 2007 through June 30, 2008.
   d.     Resolution No. 19323 approving revision to monthly car allowances for FY 07-08.
   e.     Resolution No. 19324 setting public hearing for May 17, 2007 regarding FY 06-07 budget amendment.
   f.      Resolution No. 19325 approving renewal of long-term disability and group life insurance for FY 07-08.
   g.     Motion setting special City Council meeting for June 28, 2007 at 4:00 p.m. for approval of year-end bills.

All in favor of motion to approve the consent calendar, motion carried.

 

Mayor Nieland reopened the public hearing regarding a request to rezone property located east of Alburnett Road, north of Randolph Road from Linn County A to R-2, Medium density, Single-Family Residential (Summerfield Investments, LLC)  (Continued from March 15, 2007).  No comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Moved by Cram, seconded by Pazour to remove from the table Ordinance No. 07-05 amending the Code of Ordinances regarding a request to rezone property located east of Alburnett Road, north of Randolph Road from Linn County A to R-2, Medium density, Single-Family Residential (Summerfield Investments, LLC)  (Tabled 03/15/07).  All in favor, motion carried. 

Ordinance No. 07-05 amending the Code of Ordinances regarding a request to rezone property located east of Alburnett Road, north of Randolph Road from Linn County A to R-2, Medium density, Single-Family Residential, with conditions (Summerfield Investments, LLC)  (Tabled) was read by Wagner for initial consideration.  Moved by Wagner, seconded by Rehn to approve the first reading of Ord. No. 07-05.  All in favor, motion carried.

Resolution No. 19326 establishing moratorium on issuance of permits for and/or erection of wind powered generators until the 5th day of September, 2007, pending review of an ordinance regulating the same was read by Rehn.  Moved by Rehn, seconded by Pazour to approve Res. No. 19326.  All in favor, motion carried.

Moved by Pazour, seconded by Rehn to approve the Project Calendar designating by Plat of Survey property owned by the Canadian National Railroad and transferring said property by deed to the City of Marion, as follows:
     a.        Resolution No. 19327 approving Plat of Survey No. 1405 establishing railroad property boundaries between west city limits and 9th Street south of 7th and 8th Avenues.
     b.        Resolution No. 19328 approving Plat of Survey No. 1406 establishing railroad property boundaries between 19th Street and approximately 700 feet east of 35th Street south of 7th Avenue.
     c.        Resolution No. 19329 approving the acceptance of deeds to property identified in Plat of Survey No. 1405 and 1406 from Canadian National Railroad.
     d.        Resolution No. 19330 authorizing payment to Canadian National Railroad for railroad property located between west city limits and 9th Street south of 7th and 8th Avenues and between 19th Street approximately 700 feet east of 35th Street south of 7th Avenue, not to exceed $300,000.

All in favor of motion to approve the Project Calendar, motion carried.

 

Moved by Adamson, seconded by Wagner to receive and file request to encroach into city right-of-way regarding a stone mail box (Jaime and Dawn Guerrero, 2155 Beryl Street).  All in favor, motion carried.

Resolution No. 19331 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost regarding the 2007 Sidewalk Assessment Project was read by Cram.  Moved by Cram, seconded by Pazour to approve Res. No. 19331.  All in favor, motion carried.

Moved by Wagner, seconded by Rehn to approve the Project Calendar regarding the 2007 Curb Replacement Project, as follows:
    a.     Motion to retain the City Engineer as Project Engineer regarding the 2007 Curb Replacement Project.
    b.     Resolution No. 19332 approving Resolution of Necessity regarding the 2007 Curb Replacement Project.
    c.     Resolution No. 19333 ordering preparation of detailed plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost regarding the 2007 Curb Replacement Project.
    d.     Resolution No. 19334 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost regarding the 2007 Curb Replacement Project.

All in favor of motion to approve the Project Calendar, motion carried.

 

Resolution No. 19335 accepting the offer for the purchase of property located at 107 35th Street in the amount of $380,000.00 (Dygert Peck Company) was read by Rehn.  Moved by Rehn, seconded by Pazour to approve Res. No. 19335.  All in favor, motion carried.

Resolution No. 19336 approving transferring $25,000 identified for the Mayor’s 6th Avenue brownfield project to funding for Chamber of Commerce Cultural and Entertainment District Director (FY 07-08 Budget) was read by Pazour.  Moved by Pazour, seconded by Rehn to approve Res. No. 19336.  Moved by Pazour, seconded by Wagner to amend the Resolution to commit the funds for the Chamber of Commerce Cultural and Entertainment District Director and release the funds upon City Council approval of a program plan of action.  Council Member Pazour called the question.  All in favor of amendment, motion carried.  All in favor of motion as amended, motion carried.

Moved by Adamson, seconded by Pazour to approve registration fees for five volunteers to attend the Linn County Non-Profit Resource Center workshop April 25, 2007.  All in favor, motion carried.

Council Discussion:
          Council Member Adamson congratulated the new police officers.

Mayor Nieland adjourned the meeting at 7:29 p.m.

 

____________________________
John B. Nieland, Mayor

 

Attest:

 

____________________________
Beth J. Little, Assistant City Clerk

 

 


Source URL:
http://cityofmarion.org/council/minutes/040507