June 21, 2007
The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, June 21, 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.
Police Chief Harry Daugherty introduced newly promoted Sergeant Phil Fort. Sergeant Fort has been with the Police Department since 1996.
Tim Boyle, President of the Cedar Rapids Area Convention and Visitors Bureau, requested an allocation of $5,000 from the FY 06-07 hotel/motel funding. He thanked Council for their support in the past. Mr. Boyle presented a letter to Council requesting the allocation. Mayor Nieland asked the Finance Director and City Manager to review the request. Finance Director Wes Nelson noted that hotel/motel revenues for FY 06-07 are approximately $7,000 greater than the revised budget amount of $140,000. Acting City Manager Harry Daugherty stated that the request will be placed on the agenda for the special meeting on June 28th.
Acting City Manager Harry Daugherty stated that correspondence was received from Steve Junion and Dave Lorenz regarding a city recreational facility. Moved by Lammers, seconded by Rehn to receive and file and refer the request to the Marion Park Board. All in favor, motion carried.
Moved by Lammers, seconded by Adamson to receive and file the request for hotel/motel funding from FY 06-07 from the Cedar Rapids Area Convention and Visitors Bureau. All in favor, motion carried.
Resolution No. 19436 approving Partial Payment No. 3 to ECICOG for administrative services related to the Economic Development Set-Aside Project (Launch Kwik-Way, Inc.) in the amount of $490.00.Motion to reset public hearing for July 12, 2007 regarding request to rezone property located at the northeast corner of 31st Street and 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 J. Holub).
Motion setting July 10, 2007 at 6:00 p.m. as special City Council and Planning and Zoning Commission joint meeting.
Resolution No. 19437 setting public hearing for July 12, 2007 regarding request to amend the Future Land Use Map of the Marion Comprehensive Plan to change the designation for property located south of Highway 100, west of East Post Road from Conservation Development to Commercial (Ralph Potter, Robert Potter, Denise Potter, Boyd Potter and Barbara Potter request).
Motion to receive and file annexation request for property located at 4901 10th Street (Virginia M. Duffy).
Motion to approve Project Calendar regarding Engineering Department payments, as follows:
a. Resolution No. 19438 approving Partial Payment No. 9 to Shive-Hattery, Inc. for engineering services regarding the 29th Avenue Extension Project in the amount of $9,149.35.
b. Resolution No. 19439 approving reimbursement to Platinum Development, LLC for repairs to A Avenue pavement associated with the Squaw Creek Meadows First Addition in the amount of $925.56.Resolution No. 19440 approving contract and bond for the 2007 Sanitary Sewer Repair Project.
Motion to receive and file request regarding connecting to sanitary sewer through railroad right-of-way property (Dennis Johnson, Triple E Manufacturing, 3200 5th Avenue).
Motion to approve the minutes of the June 5 and 7, 2007 City Council meetings.
Motion to approve bills as presented in the amount of $697,614.63.
Motion to approve the following cigarette permits: Wal-Mart Supercenter #3630, Hy-Vee, Hy-Vee Gas, Hy-Vee Drug Store, East Post Road Hawkeye, Marion Hawkeye Convenience Store, Pantry Express, CT’s Cocktails, Foskel’s Food ‘N Fuel, Bill’s Drinking Est., Dumas’s, Spy Bar on 10th, Market Express, Murphy USA #7287, Cigarette Outlet #10, American Legion Post 298, Best Western Longbranch, Castle Lanes, Wrigleyville and V.I.P.
Resolution No. 19441 approving collective bargaining agreement between the City of Marion and the International Association of Firefighters Local 1937 for the period July 1, 2007 through June 30, 2009.
Resolution No. 19442 approving City Council Action Plan for the period July 1, 2007 through January 2009.
Motion to approve Project Calendar regarding hold harmless agreements/noise ordinance waivers, as follows:
a. Marion Chamber of Commerce – Downtown Get Down – August 2, 9, 16 and 23, 2007 from noon to 10:30 p.m. in City Square Park.
b. Steve Mullen, 1035 Ridge Valley Drive, July 6, 2007 from 7:00 to 10:00 p.m.Motion to receive and file Departmental Monthly Reports for May 2007.
All in favor of motion to approve the consent calendar, motion carried.
Ordinance No. 07-10 approving renaming Randolph Road and Artesian Road between Alburnett Road and Lucore Road to Echo Hill Road (Linn Mar School District request) was read by Lammers for final consideration. Moved by Lammers, seconded by Wagner to approve the third reading of Ord. No. 07-10. All in favor, motion carried.
Ordinance No. 07-12 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 A-1, Rural Restricted (City Initiated) was read by Adamson for second consideration. Moved by Adamson, seconded by Wagner to approve the second reading of Ord. No. 07-12. All in favor, motion carried.
Mayor Nieland opened the public hearing regarding request to sell a portion of the east/west alley bounded by 7th and 8th Avenues and 22nd and 25th Streets (adjacent to Lot 14, Durhams Addition) (Eldon D. McMillen). Lisa McMillen Boese, 418 Dunreath Drive NE, Cedar Rapids, spoke in favor of the sale. Council Member Lammers asked if the access to 8th Avenue would be blocked. Ms. McMillen Boese stated it would remain open. No other comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Resolution No. 19443 authorizing sale of a portion of the east/west alley bounded by 7th and 8th Avenues and 22nd and 25th Streets (adjacent to Lot 14, Durhams Addition) (Eldon D. McMillen) was read by Cram. Moved by Cram, seconded by Rehn to approve Res. No. 19443. All in favor, motion carried.
Ordinance No. 07-13 relating to the assignment of annexed territory to a ward and precinct was read by Wagner for second consideration. Moved by Wagner, seconded by Rehn to approve the second reading of Ord. No. 07-13. All in favor, motion carried.Moved by Adamson, seconded by Lammers to suspend the rules and place Ord. No. 07-13 on the agenda for adoption and to adopt Ord. No. 07-13. All in favor, motion carried.
Mayor Nieland opened the public hearing regarding an amendment to Section 176.31 of the Marion Code of Ordinances regarding real estate signs (Cedar Rapids Area Association of Realtors). Kevin Platz, Association Executive for the Cedar Rapids Area Association of Realtors, asked Council to support the ordinance. No other comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.Ordinance No. 07-15 amending Section 176.31 of the Marion Code of Ordinances regarding real estate signs (Cedar Rapids Area Association of Realtors) was read by Rehn for initial consideration. Moved by Rehn, seconded by Lammers to approve the first reading of Ord. No. 07-15. Mayor Nieland asked that discussion regarding signs in the right-of-way be placed on the agenda for the next work session. All in favor, motion carried.
Resolution No. 19444 approving Memorandum of Agreement and Final Plat of Linn Meadows First Addition, located east of Highway 13 north of East Kacena Drive, was read by Lammers. Moved by Lammers, seconded by Adamson to approve Res. No. 19444. All in favor, motion carried.
Moved by Adamson, seconded by Rehn to approve Project Calendar regarding the 2007 29th Avenue Widening Project, as follows:a. Motion to retain the City Engineer as Project Engineer regarding the 2007 29th Avenue Widening Project.
b. Resolution No. 19445 approving Resolution of Necessity regarding the 2007 29th Avenue Widening Project.
c. Resolution No. 19446 ordering preparation of detailed plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost regarding the 2007 29th Avenue Widening Project.
d. Resolution No. 19447 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost regarding the 2007 29th Avenue Widening Project.
All in favor of motion to approve the Project Calendar, motion carried.
Moved by Cram, seconded by Rehn to direct staff to notify property owners of installation of sidewalks on the east side of 50th Street (Linn-Mar Community School District). City Engineer Dan Whitlow stated that Linn-Mar school officials would like the opportunity to notify the property owners first. All in favor, motion carried.
Ordinance No. 07-14 relating to the standards for the design of subdivisions was read by Wagner for second consideration. Moved by Wagner, seconded by Rehn to approve the second reading of Ord. No. 07-14. All in favor except Wagner, motion carried.
Moved by Rehn, seconded by Adamson to receive and file request for no parking on 5th Avenue (Dave Brainerd, 475 5th Avenue, Apt. 1). All in favor, motion carried.
Police Chief Harry Daugherty reported on a compliance check in the Boyson Road/10th Street area. As a result of the special enforcement project, 13 persons were arrested and taken to the Linn County Jail for a total of 19 charges. Numerous citations and warnings were also issued. One individual was detained by Immigration and Customs Enforcement for immigration violations.Moved by Lammers, seconded by Rehn to receive and file Civil Service Certified Eligibility List for Police Department Communications Operator. All in favor, motion carried.
Moved by Lammers, seconded by Wagner to suspend the rules and place Ord. No. 07-16 on the agenda for adoption and to adopt Ord. No. 07-16. All in favor, motion carried.
Moved by Cram, seconded by Rehn to approve the Project Calendar regarding FY 07-08 budgets as follows:a. Resolution No. 19448 approving carryover of the following budget items from FY 06-07 to FY 07-08. Planning: Historic Preservation Commission - Survey ($2,100), Updating Zoning Ordinance/Comprehensive Plan ($26,930); Engineering: Stormwater Management ($12,939), Equipment Reserve – Survey Station ($9,500), Air Meter ($900); Library: Equipment Reserve – Carpet ($30,000), Chairs ($1,240), Paint Cupola ($1,000), Printers ($2,400), Telephone System ($17,800); Road Use – GPS ($7,500), Signals/Signs ($14,000), Solid Waste – GPS ($7,500) Parks: Equipment Reserve – Pool – Acid Doors ($6,055), Water Heater ($4,650), Motor Pumps ($2,500), Pool Painting ($19,409); Hotel/Motel - Boys Baseball Dugouts ($3,900), Farmers Market Doors ($2,000), Park Development – Alliant Trail ($65,000), Trust and Agency – Tree Grant ($10,475), Capital Projects – REAP Grant ($150,000), Lowe Park West End ($19,259), Arts and Environment Center ($226,701), Gill Park Restrooms ($28,485), Thomas Park Parking Lot ($4,250)
b. Resolution No. 19449 approving three-month extension of Communications Consultant contract with Lynda L. Waddington.
All in favor of motion to approve the Project Calendar, motion carried.
Resolution No. 19450 approving agreement with Cedar Rapids/Linn County Solid Waste Agency was read by Wagner. Moved by Wagner, seconded by Rehn to approve Res. No. 19450. All in favor, motion carried.
Resolution No. 19451 awarding general insurance coverage for period 7/1/07 through 6/30/10 with Bouslog Insurance Agency (Employers Mutual) in the amount of $203,538.00 (FY 07-08) was read by Rehn. Moved by Rehn, seconded by Lammers to approve Res. No. 19451. Finance Director Wes Nelson presented the staff report. Jim Bouslog, Bouslog Insurance Agency, explained that rates are better this year due to fewer storm related claims in the Midwest. All in favor, motion carried.
Council Member Cram stated that traffic is speeding in the area of 11th Street and 5th Avenue.
Mayor Nieland adjourned the meeting at 7:44 p.m.
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John B. Nieland, Mayor
Attest:
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Beth J. Little, Assistant City Clerk