September 20, 2007
The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, September 20, 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, Pazour, and Adamson. Absent: None.
The meeting was opened with the Pledge of Allegiance.
Mayor Nieland administered the Oath of Office to Police Officer Brian M. Davis. Captain Bob Huffman stated that Officer Davis graduated from Hamilton College and had previously worked for the University of Iowa Public Safety Department.
Mayor Nieland signed a Constitution Week Proclamation.
Resolution No. 19581 awarding General Obligation Refunding Bonds, Series 2007A, was read by Rehn. Moved by Rehn, seconded by Lammers to approve Res. No. 19581. Finance Director Wes Nelson presented the staff report. Tionna Reed Pooler, Senor Managing Consultant with Public Financial Management, Inc. presented the report regarding the bond bids . All in favor, motion carried.
Council Member Adamson reported on the Renewable Energy Conference in Riverside. He thanked the Council for allowing him to attend the conference.
Motion to receive and file request for three-year Tax Increment Financing Property Tax Rebate for 695 51st Street (Matthew D. Grundy, MTG Fasteners, Inc. dba Midwest Fastener and Fitting).
Motion directing staff to proceed with establishing regulations regarding Zoning Amendment and proposed adoption of regulations for self storage facilities.
Motion directing staff to proceed with city initiated rezoning of McLeod property located south of Highway 100 east of East Post Road.
Resolution No. 19582 approving extending moratorium related to Wind Energy Conservation Systems to January 1, 2008.
Resolution No. 19583 approving Metro-Area Hazard Mitigation Plan.
Motion to approve Project Calendar regarding Engineering Department payments as follows:
a. Resolution No. 19584 approving Partial Payment No. 2 to City Wide Construction Co. regarding the 2007 Sidewalk Assessment Project in the amount of $11,309.06.
b. Resolution No. 19585 approving Partial Payment No. 2 to City Wide Construction Co. regarding the 2007 29th Avenue Widening Project in the amount of $41,093.72.
c. Resolution No. 19586 approving Partial Payment No. 1 to Eggleston Concrete Contractors for the 2007 Sidewalk Ramp Project in the amount of $13,526.10.
d. Resolution No. 19587 approving Partial Payment No. 3 and final reimbursement to Pheasant Ridge Development, LLC for the over width and over depth of paving associated with the installation of 44th Street from station 13+33 to 18+74 in the Briargate First Addition to the City of Marion in the amount of $14,290.78.
e. Resolution No. 19588 approving Partial Payment No. 12 to Shive Hattery Inc. for engineering services regarding the 29th Avenue Extension Project in the amount of $27,873.39.Motion to approve Project Calendar regarding accepting Engineering Department Projects, as follows:
a. Resolution No. 19589 accepting the 2007 Sidewalk Assessment Project.
b. Resolution No. 19590 accepting the 2007 29th Avenue Widening Project.
c. Resolution No. 19591 accepting the 2007 Sidewalk Ramp Project.
d. Resolution No. 19592 accepting the U.S. Highway 151/Iowa 13 and Iowa 100 Intersection Improvement Project.
e. Resolution No. 19593 accepting pavement of 44th Street between Station 13+33 to 18+74 associated with the Briargate First Addition to the City of Marion.Resolution No. 19594 accepting bids and awarding a contract to Dave Schmitt Construction for the 2007 Draintile Project in the amount of $15,584.00.
Motion to receive and file correspondence related to condition of 29th Avenue west of Highway 13 (Roger L. Baldwin, 3432 Prairie Bend Circle).
Motion to approve the minutes of the September 4 and 6, 2007 City Council meetings.
Motion to approve bills as presented in the amount of $554,436.71.
Resolution No. 19595 approving renewal application for a Class C Liquor permit with additional privilege for Sunday Sales for OMEGA, INC. dba V.I.P. Lounge.
Resolution No. 19596 approving payment of $30,000 to the Marion Chamber toward their three-year pledge to help fund a full time MEDCO Director.
Resolution No. 19597 approving the Street Finance Report for the year ended June 30, 2007.
Motion to approve waiver of Noise Ordinance for outdoor party on September 29, 2007 from 6:00 p.m. to 11:00 p.m. at 1665 49th Street (George Gasaway).
Motion to receive and file Departmental Monthly Reports for August 2007.
All in favor of motion to approve the consent calendar, motion carried.
Ordinance No. 07-22 providing that general property taxes levied and collected each year on all property located with the Central Corridor Urban Renewal Area Project Area, in the City of Marion, County of Linn, State of Iowa, by and for the benefit of the State of Iowa, City of Marion, County of Linn, Marion Community Schools, and other taxing districts, be paid to a special fund for payment principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said Urban Renewal Development Project was read by Pazour for second consideration. Moved by Pazour, seconded by Adamson to approve the second reading of Ord. No. 07-22. All in favor, motion carried.
Ordinance No. 07-23 amending the Marion Code of Ordinances regarding a request to rezone property located east of North 10th Street, south of Shamrock Woods from Linn County A to R-2, Medium Density Single-Family Residential (Virginia M. Duffy/Mooney-Engle Land Company, LLC) was read by Adamson for second consideration. Moved by Adamson, seconded by Wagner to approve the second reading of Ord. No. 07-23. All in favor, motion carried.
Moved by Pazour, seconded by Lammers to suspend the rules and place Ord. No. 07-23 on the agenda for adoption and to adopt Ord. No. 07-23. All in favor, motion carried.
Moved by Cram, seconded by Rehn to remove from table, Project Calendar related to the approval of the TIF Committee recommendations for the use of Winslow Road Tax Increment Financing Funds for low and moderate income households. Planning and Development Director Tom Treharne presented the staff report. He noted that the payment to Marion Churches Senior Living Community Foundation should be in amount not to exceed $28,200. All in favor, motion carried.
Moved by Wagner, seconded by Rehn to approve the Project Calendar related to the approval of the TIF Committee recommendations for the use of Winslow Road Tax Increment Financing Funds for low and moderate income households, as follows:
a. Resolution No. 19565 approving payment to First United Methodist Church (Mission Makeover) in the amount of $4,590.00 to assist low and moderate income homeowners with housing repairs.
b. Resolution No. 19566 approving payment to Marion Churches Senior Living Community Foundation in the amount of $28,200.00 for improvements related to Senior Housing at 5960 East Kacena Drive.
c. Resolution No. 19567 approving payment to Helping Hands Ministry for assistance to homeless and near homeless families in Marion in the amount of $36,260.00.
d. Resolution No. 19568 approving payment to HACAP in an amount not to exceed $80,000.00 for the purchase of a home in Marion associated with their Permanent Housing Program.
e. Resolution No. 19569 approving the use of $24,000.00 of Winslow Road TIF funds to match Housing Grant Application to the State of Iowa.
f. Resolution No. 19570 approving the use of $5,000.00 of Winslow Road TIF funds to update the City of Marion Housing Needs Assessment.
Resolution No. 19566 was amended by acclamation to approve payment to Marion Churches Senior Living Community Foundation in an amount not to exceed $28,200.00 for improvements related to Senior Housing at 5960 East Kacena Drive. All in favor of amendment, motion carried. All in favor of motion to approve the Project Calendar as amended, motion carried.
Moved by Rehn, seconded by Pazour to receive and file the correspondence from Sarah Mossman and Kathy Lovell, of ABC Connection Inc. requesting that Resolution No. 19598 be tabled. All in favor of the motion to receive and file, motion carried.
Moved by Rehn, seconded by Pazour to table Resolution No. 19598, approving request regarding fence to encroach onto city property (ABC Connection Preschool, 640 14th Street). All in favor of motion to table, motion carried.
Resolution No. 19599 approving intent to approve request for the use of Tax Increment Financing from the Highway #13 North #1 Urban Renewal Area for Linn County Rural Electric Cooperative Association (Involta, 5050 REC Drive) was read by Lammers. Moved by Lammers, seconded by Pazour to approve Res. No. 19599. Planning and Development Director Tom Treharne presented the staff report. All in favor, motion carried.
Resolution No. 19600 approving Lot 1 R.E.C. Second Addition Preliminary Site Development Plan and Final Site Development Plan located west of Highway 13, north of 29th Avenue (Linn County Rural Electric Cooperative Association for Involta) was read by Pazour. Moved by Pazour, seconded by Adamson to approve Res. No. 19600. Planning and Development Director Tom Treharne presented the staff report. All in favor, motion carried.
Resolution No. 19601 approving revised Highview Addition Preliminary Plat, located north of East Robins Road between Mulberry Drive and Elshire Street (Arcon Development) was read by Adamson. Moved by Adamson, seconded by Pazour to approve Res. No. 19601. All in favor, motion carried.
Resolution No. 19602 approving Turning Stone Addition Preliminary Plat located east of North 10th Street, south of Shamrock Woods Addition (Virginia M. Duffy and Mooney-Engle Land Company LLC) was read by Cram. Moved by Cram, seconded by Pazour to approve Res. No. 19602. Moved by Pazour, seconded by Adamson to table Res. No. 19602 until after the public hearing on the proposed alignment of Connection Boulevard. All in favor of motion to table, motion carried.
Mayor Nieland opened the public hearing regarding the proposed alignment of Connection Boulevard from 10th Street to Winslow Road. City Engineer Dan Whitlow presented the staff report. Moved by Pazour, seconded by Wagner to receive and file correspondence from Saur & Saur, Attorneys at Law, for the Norman Gunnison Family Trust, indicating the willingness of the Trust to allow the use of the real estate in the Norman Gunnison Family Trust to establish a connecting road between Winslow Road and 10th Street, provided it runs in at straight line, east and west, with the Trust’s real estate on the south and the former Eschman and Duffy real estate on the north. They do not consent to a curve in the road at the west end that would involve the taking of more real estate from the Gunnison Family Trust than would be taken by a straight road. All in favor of motion to receive and file, motion carried. No other comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Resolution No. 19603 approving proposed alignment of Connection Boulevard from 10th Street to Winslow Road was read by Wagner. Moved by Wagner, seconded by Cram to approve Res. No. 19603. City Manager Lon Pluckhahn spoke regarding the financing for construction of Connection Boulevard. Tim Mooney, 3060 Covey Run Court, spoke in favor of the curved alignment. City Engineer Dan Whitlow noted that Council will need to set a policy regarding financing of the road. Planning and Development Director Tom Treharne reviewed options if easements are not provided. Roll Call: Yeas: Cram, Wagner, Rehn, Nieland, Lammers, Pazour, and Adamson. Nays: None. Motion carried.
Moved by Pazour, seconded by Adamson to remove Res. No. 19602 from the table. All in favor, motion carried.
Resolution No. 19602 approving Turning Stone Addition Preliminary Plat located east of North 10th Street, south of Shamrock Woods Addition (Virginia M. Duffy and Mooney-Engle Land Company LLC) was read by Cram. Moved by Cram, seconded by Pazour to approve Res. No. 19602. Planning and Development Director Tom Treharne presented the staff report. All in favor, motion carried.
Mayor Nieland opened the public hearing regarding request to reduce speed limits on North 10th Street (Brain Engineering for Tim Mooney). City Engineer Dan Whitlow presented the staff report. Tim Mooney, 3060 Covey Run Court, spoke in favor of the reduction in the speed limit. No other comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Ordinance No. 07-27 amending Chapter 63 of the Code of Ordinances establishing speed limit on North 10th Street at 45 mph from approximately 800’ north of Williams Drive to 150’ north of Shamrock Drive (Brain Engineering for Tim Mooney) was read by Rehn for initial consideration. Moved by Rehn, seconded by Pazour to approve the first reading of Ord. No. 07-27. All in favor, motion carried.
Mayor Nieland opened the public hearing regarding request for increase speed limits on 44th Street from Highway 151 to Tower Terrace Road (Staff). City Engineer Dan Whitlow presented the staff report. No other comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Ordinance No. 07-28 amending Chapter 63 of the Code of Ordinances establishing speed limit on 44th Street to 35 mph from Highway 151 north to Tower Terrace Road (Staff) was read by Lammers for initial consideration. Moved by Lammers, seconded by Pazour to approve the first reading of Ord. No. 07-28.
Council Member Lammers left the Council Chambers at 8:15 p.m.
Council Member Lammers returned at 8:17 p.m.
All in favor of motion to approve the first reading of Ord. No. 07-28, motion carried.
Resolution No. 19604 approving no parking on the north side of 29th Avenue at various intersections from Indian Creek Road to 35th Street was read by Pazour. Moved by Pazour, seconded by Adamson to approve Res. No. 19604. Moved by Rehn, seconded by Pazour to receive and file correspondence from the following requesting that parking be removed on 29th Avenue 160 feet east of Edgebrooke Drive and 100 feet west of Edgebrooke Drive: Howard Meister, 2925 Edgebrooke Drive, Glenn and Deb Phillips, 2945 Edgebrooke Drive, Gordon and Diane Wisgerhof, 2960 Edgebrooke Drive, Linda Newbanks, 2965 Edgebrooke Drive, Pam and Jason Mackowiak, 3000 Edgebrooke Drive, Raymond and Vicki Mitchell, 3120 Edgebrooke Drive, Michael Lorenz, 3180 Edgebrooke Drive, Barbara Lorenz, 3180 Edgebrooke Drive, Tom and Bette Jo Plotner, 3185 Edgebrooke Drive, Tom Newbanks, 2965 Edgebrooke Drive, Tammy Speth, 3215 Edgebrooke Drive, Don Uecker, 3240 Edgebrooke Drive, Kathleen and Jeff Wenthe, 3245 Edgebrooke Drive, Michele Barry, 3270 Edgebrooke Drive, Randy Green, 3275 Edgebrooke Drive, Lisa and David Buelow, 3300 Edgebrooke Drive, Dianne Miller, 3305 Edgebrooke Drive, Christy Kalous, 3340 Edgebrooke Drive, Mike Platner, 3345 Edgebrooke Drive, Hunter Skogman, 2390 Pebble Creek Drive, Tara and Jim Erickson, 2575 Pebble Creek Drive, Don and Nadine Garrett, 2615 Pebble Creek Drive, Michele Legate, 2695 Pebble Creek Drive, Carolyn and Robert Shay, 2735 Pebble Creek Drive, Nate Severin, 2795 Pebble Creek Drive, Gabe and Cathy Finch, 3100 Beechwood Lane, Tim and Celeste Luksetich, 3130 Beechwood Lane, Tim and Noelle Wittkop, 3190 Beechwood Lane, Brad and Heidi Horn, 3255 Beechwood Lane, Paul and Penelope Nicks, 3280 Beechwood Lane, Michael Carman, 3285 Beechwood Lane, Nick Mahoney, 3315 Beechwood Lane, Kelly Novak, 3450 Beechwood Lane, and Penny Alhensvold, 3125 Edgebrooke Drive. All in favor of motion to receive and file, motion carried. City Engineer Dan Whitlow stated that staff is recommending removing parking 100 feet east and 50 feet west on the north side of 29th Avenue between Indian Creek Road and 35th Street. Todd Dickinson, 2997 Somerbrook Lane, and Charles Oehler, 3022 Somerbrook Lane, spoke in favor of removal of the parking at least 100 feet east and 50 feet west at each intersection. Don Uecker, 3240 Edgebrooke Drive, requested that parking be removed for 160 feet east and 100 feet west of Edgebrooke Drive. Moved by Pazour, seconded by Adamson to amend the resolution to remove parking 160 feet east and 100 feet west of Edgebrooke Drive and removing parking 100 feet east and 50 feet west on the north side of all other intersections on 29th Avenue between Indian Creek Road and 35th Street. All in favor of amendment, motion carried. Tim Luksetich, 3130 Beechwood Lane, spoke in favor of removing parking at each intersection. Carter Kudrle, 2583 29th Avenue, spoke in favor of removing parking and expressed concern about reduced visibility at 29th Avenue and 35th Street due to a tree. Bob Kalous, 3340 Edgebrooke Drive, spoke in favor of removal of parking 160 feet east and 100 feet west of Edgebrooke Drive. Carolyn Shay, 2735 Pebble Creek Drive, spoke in favor of removal of the parking. Harry Hawley, 3125 29th Avenue, presented a petition opposed to reduction in parking on the north side of 29th Avenue. Moved by Rehn, seconded by Lammers to receive and file the petition opposing a reduction of the allowed parking on the north side of 29th Avenue. All in favor of motion to receive and file the petition, motion carried. The following citizens spoke opposing reduction in the parking on 29th Avenue: Vickie Johnson, 2667 29th Avenue, Jeff Mills, 2861 29th Avenue, Greg Barnhart, 2503 29th Avenue, Marilyn Benesh, 3495 29th Avenue, Joe Spinks, 3165 29th Avenue, Ruth Bernstein, 2583 29th Avenue, and Marty Allen, 3215 29th Avenue. Nicole Green, 3275 Edgebrooke Drive, spoke in favor of removal of the parking. Jane Hawley, 3125 29th Avenue, spoke regarding the safety concerns on 29th Avenue. Mike Platner, 3345 Edgebrooke Drive, spoke in favor of removing parking. Roll Call on motion as amended: Yeas: Wagner, Rehn, Lammers, Pazour, and Adamson. Nays: Nieland and Cram. Motion carried.
Mayor Nieland declared a recess at 9:27 p.m.
Mayor Nieland reconvened the meeting at 9:34 p.m.
Ordinance No. 07-24 amending Chapter 105 of the Code of Ordinances related to solid waste collections was read by Adamson for second consideration. Moved by Adamson, seconded by Pazour to approve the second reading of Ord. No. 07-24. All in favor, motion carried.
Moved by Cram, seconded by Lammers to amend Ordinance No. 07-25 to include wine and beer and “as permitted in Chapter 47 of the Code of Ordinance”. All in favor, motion carried.
Ordinance No. 07-25 amending Chapter 45 of the Code of Ordinances relating to Public Intoxication and providing penalties, as amended, was read by Wagner for second consideration. Moved by Wagner, seconded by Rehn to approve the second reading of Ord. No. 07-25. All in favor, motion carried.
Moved by Pazour, seconded by Rehn to suspend the rules and place Ord. No. 07-25 on the agenda for adoption and adopt Ord. No. 07-25. All in favor, motion carried.
Ordinance No. 07-26 amending Chapters 69 and 82 of the Code of Ordinances relating to the parking of certain vehicles and providing penalties was read by Rehn for second consideration. Moved by Rehn, seconded by Pazour to approve the second reading of Ord. No. 07-26. Moved by Wagner, seconded by Adamson to amend Ord. No. 07-26 to allow parking up to 24 hours instead of 60 minutes for motor home, motor truck, trailer, semi-trailer, truck tractor, boat or boat trailer, or other motor vehicle with trailer attached which exceeds 72 inches in width and/or 18 feet in length on any street or alley between sunrise and sunset. Yeas: Cram and Wagner. Nays: Rehn, Nieland, Lammers, Pazour, and Adamson. Motion failed. All in favor of motion as originally stated except Wagner, motion carried.
Moved by Pazour, seconded by Lammers to suspend the rules and place Ord. No. 07-26 on the agenda for adoption and adopt Ord. No. 07-26. All in favor except Wagner, motion carried.
Resolution No. 19605 authorizing submission of State-Wide Transportation Enhancement Fund Grant in the amount of $500,000 to construct a trail through Krumboltz and Faulkes Woods to adjoin the CeMar Trail in Cedar Rapids was read by Lammers. The motion died for lack of a second.Ordinance No. 07-29 amending Chapter 120 of the Code of Ordinances related to under age persons being upon licensed premises was read by Pazour for initial consideration. Moved by Pazour, seconded by Rehn to approve the first reading of Ord. No. 07-29. All in favor, motion carried.
Council Discussion:
Council Member Wagner congratulated Council Member Adamson for being named one of the 40 under 40 in the Corridor Business Journal.
Mayor Nieland adjourned the meeting at 9:49 p.m.
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John B. Nieland, Mayor
Attest:
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Beth J. Little, Assistant City Clerk