May 3, 2007
The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, May 3, 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, and Adamson. Absent: Pazour.
The meeting was opened with the Pledge of Allegiance.
Duane Weltha, 845 South 15th Street, explained that the curb adjacent to his driveway needs repaired. He has scheduled a contractor to replace both his driveway and six feet of curb tomorrow. Mr. Weltha requested that the City reimburse him for the cost of replacing the six feet of curb at $20 per foot for a total of $120. Mayor Nieland asked Mr. Weltha to submit pictures of the curb and the bill to the City Manager for review of the claim.
Rich Mahaney introduced himself to the Council. He is the new Director of the Linn County Emergency Management Association.
Motion to approve Project Calendar related to Planning and Development Department payments, as follows:
a. Resolution No. 19352 approving Payment No. 15 to Howard R. Green Company for services related to the 2005 EPA Brownfields Cleanup Grant in the amount of $182.07.
b. Resolution No. 19353 approving Payment No. 16 to Howard R. Green Company for services related to the 2005 EPA Brownfields Cleanup Grant in the amount of $279.25.
c. Resolution No. 19354 approving Payment No. 7 to Howard R. Green Company for services related to the 2006 Brownfields Assessment Grant (Hazard Substances) in the amount of $12,001.32.
d. Resolution No. 19355 approving Payment No. 8 to Howard R. Green Company for services related to the 2006 Brownfields Assessment Grant (Hazard Substances) in the amount of $722.22.
e. Resolution No. 19356 approving Payment No. 7 to Howard R. Green Company for services related to the 2006 Brownfields Assessment Grant (Petroleum Substances) in the amount of $2,063.57.
f. Resolution No. 19357 approving Payment No. 8 to Howard R. Green Company for services related to the 2006 Brownfields Assessment Grant (Petroleum Substances) in the amount of $1,010.25.Resolution No. 19358 approving Partial Payment No. 1 to Launch Kwik-Way for Economic Development Set-Aside Program in the amount of $34,502.
Motion to receive and file Flynn’s Sixth Addition Final Plat, located between Partridge Avenue and 29th Avenue and Meghann Drive and Geode Street extended north (Flynn Homes, Inc.).
Motion to receive and file and refer to the Planning and Zoning Commission, as follows:
a. Request to amend Land Use Map of the Comprehensive Plan for property located south of Highway 100 west of East Post Road from Conservation Develop to Commerce (Ralph W. Potter, Robert W. Potter, Denise A. Potter, Boyd D. Potter and Barbara K. Potter - owners).
b. Request to rezone property located north of Randolph Road and east of Alburnett Road from Linn County “A” to City of Marion A-1, Rural Restricted (Mary Stark, owner. City Initiated).Motion to approve Project Calendar regarding Engineering Department payments, as follows:
a. Resolution No. 19359 approving Partial Payment No. 1 to Rathje Construction Co. regarding the 2006 Orrian Drive Sanitary Draintile Project in the amount of $13,817.85.
b. Resolution No. 19360 approving Partial Payment No. 1 to Tschiggfrie Excavating regarding the U.S. 151/Iowa 13 and Iowa 100 Intersection Improvement Project in the amount of $39,253.64.
c. Resolution No. 19361 approving Partial Payment No. 1 to Visu Sewer Clean and Seal regarding the 2007 Sanitary Sewer Slip Lining Project in the amount of $89,115.23.Resolution No. 19362 approving 28E Agreement with Linn County regarding Winslow Road Sealcoat Project in the amount of $19,250.
Resolution No. 19363 approving the route of the Iowa Lincoln Highway Heritage Byway.
Resolution No. 19364 approving fee schedule for Public Services Department services.
Motion to approve the minutes of the April 17 and 19, 2007 City Council meetings.
Motion to approve bills as presented in the amount of $421,692.46.
Resolution No. 19365 resetting public hearing for May 17, 2007 regarding amending Code of Ordinances regarding Fire Code.
Resolution No. 19366 stating support of Housing Fund for Linn County (Linn County Board of Supervisors).
Motion to receive and file Pay-for-Performance recommendations for Department Heads.
Motion to approve Hold Harmless Agreement/waiver of noise ordinance related to the following:
a. Hawkeye Area Classic Chevy Club Car Show on June 3, 2007 in Thomas Park from 7:00 a.m. to 5:00 p.m.
b. Marion By Moonlight on June 7, 14, 21 and 28, 2007 in City Square Park (Farmers State Bank).
c. Livestrong on May 16, 2007 from 2:00 to 9:00 p.m. in City Square Park (Morgan Hazelbaker).
d. Lisa DeWees on May 5, 2007 from 6:00 to 10:00 p.m. at 1850 39th Street.
All in favor of motion to approve the consent calendar, 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 final consideration. Moved by Adamson, seconded by Lammers to approve the third reading of Ord. No. 07-05. All in favor, motion carried.
Resolution No. 19367 approving the Preliminary Plat of Echo Hill Addition located east of Alburnett Road, north of Randolph Road (Summerfield Investments, L.L.C.) was read by Cram. Moved by Cram, seconded by Rehn to approve Res. No. 19367. All in favor, motion carried.
Mayor Nieland opened the public hearing related to the Five-Year Capital Improvement Program for FY 07-08 through FY 12-13 (Continued from April 17, 2007). No comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Resolution No. 19368 approving the Five-Year Capital Improvement Program for FY 07-08 through FY 12-13 was read by Wagner. Moved by Wagner, seconded by Rehn to approve Res. No. 19368. All in favor, motion carried.
Mayor Nieland opened the public hearing 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.). Planning and Development Director Tom Treharne presented the staff report. No other comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Ordinance No. 07-07 amending the Code of Ordinances 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.) was read by Rehn for initial consideration. Moved by Rehn, seconded by Lammers to approve the first reading of Ord. No. 07-07. All in favor, motion carried.
Mayor Nieland opened the public hearing 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). Planning and Development Director Tom Treharne presented the staff report. Mary Burbach, 2161 Agate Street, spoke in favor of the rezoning. No other comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Moved by Lammers, seconded by Adamson to receive and file petition supporting 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 (James P. Nelsen, 2281 Agate Street, et al). All in favor, motion carried.
Ordinance No. 07-08 amending the Code of Ordinances 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) was read by Adamson for initial consideration. Moved by Adamson, seconded by Rehn to approve the first reading of Ord. No. 07-08. All in favor, motion carried.
Mayor Nieland opened the public hearing regarding a request to vacate and sell 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). Planning and Development Director Tom Treharne presented the staff report. No other comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Resolution No. 19369 approving vacation of 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) was read by Cram. Moved by Cram, seconded by Wagner to approve Res. No. 19369. All in favor, motion carried.
Resolution No. 19370 authorizing sale of 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) in the amount of $743.03 (T & V Properties, LLC) was read by Wagner. Moved by Wagner, seconded by Rehn to approve Res. No. 19370. All in favor, motion carried.
Resolution No. 19371 approving the Memorandum of Agreement and Final Plat for Old Settler’s First Addition, located west of Alburnett Road south of Boyson Road (Interstate Power and Light Company) was read by Rehn. Moved by Rehn, seconded by Cram to approve Res. No. 19371. All in favor, motion carried.
Resolution No. 19372 approving the Memorandum of Agreement and Final Plat of Prairie Bend Second Addition located west of 35th Street north of 29th Avenue (Morris Wood Enterprises) was read by Lammers. Moved by Lammers, seconded by Wagner to approve Res. No. 19372. Roll Call: Yeas: Cram, Wagner, Rehn, Lammers, and Adamson. Nays: None. Abstention due to conflict of interest: Nieland. Motion carried.
Resolution No. 19373 approving closing agreement with Canadian National Railroad was read by Adamson. Moved by Adamson, seconded by Lammers to approve Res. No. 19373. All in favor, motion carried.
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 Cram for second consideration. Moved by Cram, seconded by Wagner to approve the second reading of Ord. No. 07-06. All in favor, motion carried.
Moved by Wagner, seconded by Rehn to approve Project Calendar regarding the 2007 Sanitary Sewer Repair Project, as follows:
a. Motion to retain City Engineer as Project Engineer regarding the 2007 Sanitary Sewer Repair Project.
b. Resolution No. 19374 approving Resolution of Necessity regarding the 2007 Sanitary Sewer Repair Project.
c. Resolution No. 19375 ordering preparation of detailed plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost regarding the 2007 Sanitary Sewer Repair Project.
d. Resolution No. 19376 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract, and estimate of cost regarding the 2007 Sanitary Sewer Repair Project.
All in favor of motion to approve the Project Calendar, motion carried.
Mayor Nieland opened the public hearing regarding the 2007 Curb Replacement Project. City Engineer Dan Whitlow presented the staff report. No other comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Resolution No. 19377 accepting bids and awarding contract to City Wide Construction Corporation for the 2007 Curb Replacement Project in the amount of $35,420.00 was read by Rehn. Moved by Rehn, seconded by Cram to approve Res. No. 19377. All in favor, motion carried.
Moved by Lammers, seconded by Wagner to receive and file and refer to TAC request related to parking on Indian Creek Circle south of 29th Avenue (Public Services Director Tom Newbanks). City Engineer Dan Whitlow requested that the motion be amended to approve temporary no parking on the north side of Indian Creek Circle, south of 29th Avenue, 60 feet each direction of the southeast and southwest corners from 8:00 a.m. to 4:00 p.m. until the end of the current school year. Moved by Lammers, seconded by Wagner to amend the motion to approve temporary no parking on Indian Creek Circle, south of 29th Avenue, as requested by the City Engineer. All in favor of amendment, motion carried. All in favor of motion as amended, motion carried.
Resolution No. 19378 approving purchase of garbage truck from Elliott Equipment and International Truck and Engine Company in the amount of $120,240 was read by Adamson. Moved by Adamson, seconded by Lammers to approve Res. No. 19378. All in favor, motion carried.
Ordinance No. 07-09 amending the Code of Ordinance by establishing a schedule fine for jakebraking and by deleting obsolete provisions regarding speed limit on 44th Street and railroad regulations was read by Cram for initial consideration. Moved by Cram, seconded by Rehn to approve the first reading of Ord. No. 07-09. City Attorney Don Hoskins presented the staff report. All in favor, motion carried.
Resolution No. 19379 approving participation in joint program with Linn County Sheriff’s Office and the Linn County Conservation Board to update and expand the firearms range at Matsell Bridge Natural Area through asset forfeiture funds was read by Wagner. Moved by Wagner, seconded by Rehn to approve Res. No.19379. All in favor, motion carried.
Resolution No. 19380 approving enforcement of traffic laws for Marion Village Manufactured Home Community, 700 35th Street, was read by Rehn. Moved by Rehn, seconded by Lammers to approve Res. No. 19380. All in favor, motion carried.Council Discussion:
Council Member Adamson thanked the Council for supporting the Linn County Nonprofit Resource Center conference at Lowe Park last week. He noted that he also attended the Smart Conference today with Planning and Development Director Tom Treharne and Marion Chamber of Commerce President Gary Keoppel. Council Member Adamson thanked the Marion Times and Cedar Rapids Gazette reporters for coverage of the Linn County Nonprofit Resource Center conference.
Council Member Adamson congratulated the athletes that have signed letters of intent. He stated that his niece, Katelynn Hogenson, from Muscatine has signed a letter of intent to play golf at Iowa State University.
Mayor Nieland explained that Council had approved a number of payments on tonight’s agenda. He noted that Council always has more projects that need done than there is money to do the projects. He noted that Council tries to keep property taxes low.
Mayor Nieland adjourned the meeting at 7:56 p.m.
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John B. Nieland, Mayor
Attest:
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Beth J. Little, Assistant City Clerk