April 19, 2007
The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, April 19, 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, Pazour, and Adamson. Absent: Lammers.
The meeting was opened with the Pledge of Allegiance.
Mayor Nieland commended Cedar Rapids native Zach Johnson on winning the Masters PGA Golf Tournament in Augusta, Georgia.
Mayor Nieland requested that a moment of silence be observed for the victims of the Virginia Tech massacre.
Moved by Pazour, seconded by Rehn to approve the consent calendar as follows:
Resolution No. 19337 approving Payment No. 28 to East Central Iowa Council of Governments related to administration of the 2003 Housing Rehabilitation Grant Program in the amount of $1,152.00.Resolution No. 19338 setting public hearing for May 3, 2007 regarding a request to rezone property located south of Boyson Road, west of Geode Street in Marion from A-1, Rural Restricted to R-2, Medium Density, Single-Family Residential (Robert Burger, Burger Homes and Development, Inc.).
Resolution No. 19339 setting public hearing for May 3, 2007 regarding city-initiated rezoning of property located on Agate Street, north of Boyson Road from R-4, Four-Family Residential to R-2, Medium Density, Single-Family Residential (City Initiated).
Resolution No. 19340 setting public hearing for May 3, 2007 regarding a request to vacate a portion of the east-west alley adjacent to Lot 7, Block 1, Hurlburt’s Addition (bounded by 30th and 31st Streets and 5th and 6th Avenues) (T & V Properties, LLC).
Motion to receive and file Linn Meadows First Addition Final Plat, located extending east of East Kacena Avenue east of Crestwood Lane (Timber Creek Homes).
Motion to receive and file and refer to the Planning and Zoning Commission, as follows:
a. Request to rezone property located east of 31st Street north of Munier Road from A-1, Rural Restricted to R-2, Medium Density Single-Family Residential, C-3, General Commercial and C-4, Warehouse-Commercial (Robin Holub).
b. Holub’s Second Addition Final Plat, located east of 31st Street, north of Munier Road (Robin J. Holub).
Motion to receive and file request for waiver of subdivision requirements by allowing a building permit prior to approval of Final Plat (Morris Wood Enterprises, LLC).
Motion to approve Project Calendar regarding Engineering Department payments, as follows:
a. Resolution No. 19341 approving Partial Payment No. 7 to Shive-Hattery, Inc. for engineering services regarding the 29th Avenue Extension Project in the amount of $12, 645.52.
b. Resolution No. 19342 approving sanitary sewer oversizing reimbursement to Morris Wood, LLC for the sanitary sewer line installation along Tower Terrace Road as part of the Prairie Bend First Addition in the amount of $6,433.72.Motion to receive and file 29th Avenue Extension Final Design Concept Report (Shive-Hattery Engineers).
Motion to approve donation of outdated surveying and drafting equipment to the Society of Land Surveyors of Iowa.
Motion to approve the minutes of the April 3 and 5, 2007 City Council meetings.
Motion to approve bills as presented in the amount of $290,870.93.
Resolution No. 19343 approving renewal application for a Class C Liquor permit with additional privilege for Sunday Sales for Reynaldo’s Restaurants, Inc. dba Reynaldo’s Mexican American Restaurant.
Resolution No. 19344 approving request from James Scott Embrey for a waiver of 7-day time requirement per Marion Code Section 122.06 (5) for Pocano Ice at 3400 7th Avenue parking lot.
Motion to receive and file audit report for the Marion Water Department for the year ended June 30, 2006.
Resolution No. 19345 approving Partial Payment No. 3 to Clifton Gunderson LLP for audit services for the FY 05-06 audit in the amount of $4,530.00.
Resolution No. 19346 setting public hearing for May 3, 2007 regarding amending Fire Code.
Motion to receive and file revised landscape tree plan for city hall.
Resolution No. 19347 approving payment for interior signage for the 2005 City Hall Project to Pioneer Workspace Solutions in the amount of $9,028.35.
Motion to receive and file request related to funding for affordable housing in Linn County (Linn County Board of Supervisors).
Motion to approve Hold Harmless Agreement related to Marion Art Festival on May 19, 2007 in City Square Park.
Motion to receive and file Departmental Monthly Reports for March 2007.
All in favor of motion to approve the consent calendar, motion carried.
Mayor Nieland opened the public hearing related to the Five-Year Capital Improvement Program for FY 07-08 through 12-13. City Engineer Dan Whitlow presented the staff report. Mayor Nieland explained that a citizen’s committee prioritizes the projects. Moved by Cram, seconded by Pazour to continue the public hearing related to the Five-Year Capital Improvement Program for FY 07-08 through 12-13 to May 3, 2007. 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 (Summerfield Investments, LLC) was read by Adamson for second consideration. Moved by Adamson, seconded by Pazour to approve the second reading of Ord. No. 07-05. All in favor, motion carried.
Resolution No. 19348 approving waiver of the subdivision requirements to allow the issuance of one (1) building permit for Building #11, Lot 19 of Prairie Bend Second Addition, located west of 35th Street, north of 29th Avenue (Morris Wood Enterprises, LLC) was read by Wagner. Moved by Wagner, seconded by Cram to approve Res. No. 19348. All in favor, motion carried.
Moved by Rehn, seconded by Pazour to approve the Project Calendar for the 2007 HMA Resurfacing Project, as follows:a. Motion to retain the City Engineer as Project Engineer regarding the 2007 HMA Resurfacing Project.
b. Resolution No. 19349 approving Resolution of Necessity regarding the 2007 HMA Resurfacing Project.
c. Resolution No. 19350 ordering preparation of detailed plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost regarding the 2007 HMA Resurfacing Project.
d. Resolution No. 19351 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost regarding the 2007 HMA Resurfacing Project.
All in favor of motion to approve the Project Calendar, motion carried.
Mayor Nieland opened the public hearing 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. No comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Ordinance No. 07-06 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 was read by Pazour for initial consideration. Moved by Pazour, seconded by Wagner to approve the first reading of Ord. No. 07-06. All in favor, motion carried.
Moved by Adamson, seconded by Pazour to direct staff to publicize consideration of establishing “No Parking” on one side of all new residential development. All in favor except Wagner, motion carried.Council Discussion:
Council Member Pazour congratulated Zach Johnson on winning the Masters PGA Golf Tournament in Augusta, Georgia.
Mayor Nieland stated that he received an email from the Cedar Rapids Area Chamber of Commerce. They are hosting a meeting with Iowa House Representative Tyler Olson on Saturday, April 21st at 8:30 a.m. at the Cedar Rapids Chamber office regarding House File 905. Mayor Nieland asked that Council, staff, and citizens attend the meeting or contact Tyler Olson to oppose HF 905. Mayor Nieland noted that this bill would be detrimental to cities, counties, and school districts. City Manager Lon Pluckhahn explained that the bill also removes the authority of cities and counties to levy property taxes for fiscal years beginning on or after July 1, 2011 except for purposes of paying indebtedness incurred by a city or a county.
Mayor Nieland adjourned the meeting at 7:26 p.m.
____________________________
John B. Nieland, Mayor
Attest:
____________________________
Beth J. Little, Assistant City Clerk