October 4, 2007

 

 

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, October 4, 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 Pazour.  Absent:  Adamson.

 

The meeting was opened with the Pledge of Allegiance.

 

 

Mayor Nieland noted that he received an anonymous letter regarding the appearance of Marion Iron.  Mayor Nieland requested that letters be signed so that staff can contact the individual to explain the situation. 

 

 

 

Resolution No. 19606 approving Partial Payment No. 33 to East Central Iowa Council of Governments for administration of the 2003 Housing Rehabilitation Grant Program in the amount of $1,911.00.

Resolution No. 19607 approving request for waiver of Subdivision Regulations regarding a split of property by Plat of Survey No. 1436 Parcel A for transfer purposes only, located between Robinwood Lane and East Kacena Avenue (E. Wayne Scott/Prairie Hill Development Co.).

Motion to receive and file request for voluntary annexation for property located south of Randolph Road, east of Alburnett Road in Linn County, Iowa (Farmers State Bank for 2129 Randolph Road).

Motion to receive and file Edgebrooke Sixth Addition Final Plat, located east of Indian Creek Road north of 29^th Avenue (Midwest Development Co.).

Motion to approve Project Calendar regarding Engineering Department payments as follows:

a.    Resolution No. 19608 approving Partial Payment No. 2 to Dave Schmitt Construction for the 2007 9^th Street/14^th Avenue Storm Sewer Reconstruction Project in the amount of $50,325.97.

b.    Resolution No. 19609 approving Partial Reimbursement to Arcon Development, Inc. per agreement regarding the Dry Creek Regional Detention Basin Project in the amount of $96,567.31.

Resolution No. 19610 approving contract and bond with Dave Schmitt Construction for the 2007 Draintile Project.

Motion to receive and file correspondence related to speed limit on 44^th Street (Dani Blin, 4501 Lantern Court).

Motion to approve Project Calendar regarding the 2008 Brookside Drive Sanitary Sewer Project, as follows:
a.     Resolution No. 19611 approving the Temporary Construction Easement Agreement with Thomas and Diane Tucker regarding the 2008 Brookside Drive Sanitary Sewer Project and authorizing payment in the amount of $1,717.15.
b.     Resolution No. 19612 approving the Permanent Easement Agreement with Thomas and Diane Tucker regarding the 2008 Brookside Drive Sanitary Sewer Project and authorizing payment in the amount of $1,698.49.
 

Motion to concur with TAC recommendation, making no change in the current parking on 5^th Street between Central Avenue and 10^th Avenue (Melvina Bruce, 1050 5^th Street).

Motion to approve the minutes of the September 18 and 20, 2007 City Council meetings.

Motion to approve bills as presented in the amount of $604,040.97.  

Resolution No. 19613 approving renewal application for a Class C Beer permit with additional privilege for Sunday Sales and Carryout Wine for ALDI, Inc. dba ALDI, Inc. #1.

Resolution No. 19614 approving new Application for a Class C Liquor permit with additional privilege for Sunday Sales for Dean Wheeler dba Wheel’er In, 895 Blairs Ferry Road.

Resolution No. 19615 approving a loan agreement and providing for the issuance of $2,250,000 General Obligation Refund Bonds, Series 2007A, and for the levy of taxes to pay the same, and providing for the redemption of General Obligation Corporate Purpose Bonds, Series 1997, dated December 1, 1997, and General Obligation Corporate Purpose Bonds, Series 1999, dated December 15, 1999.

Resolution No. 19616 approving enforcement of traffic laws for Sixth Street south of 29^th Avenue (Sixth Street Pheasant Ridge Condo Association Board request).

Motion setting City Council Goal Session for Saturday, January 19, 2008.

Motion setting City Council January 2008 meetings for Tuesday, January 8 at 4:00 p.m. and Thursday, January 10 at 7:00 p.m. in lieu of January 1 and 3, 2008.

Motion to approve waiver of Noise Ordinance on October 13, 2007 from 6:00 to 10:00 p.m. at City Square Park (Barack the Vote).

 

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 Lammers for final consideration.  Moved by Lammers, seconded by Wagner to approve the third reading of Ord. No. 07-22.  All in favor, motion carried.

Moved by Pazour, seconded by Lammers to remove from table Resolution No. 19598 approving request regarding fence to encroach onto city property (ABC Connection Preschool, 640 14^th Street).  All in favor, motion carried.

Resolution No. 19598 approving request regarding fence to encroach onto city property (ABC Connection Preschool, 640 14^th Street) was read by Pazour.  Moved by Pazour, seconded by Rehn to approve Res. No. 19598.  Planning and Development Director Tom Treharne presented the staff report.  Catherine Lovell, 240 Valleyview Drive, explained that if they have not received approval for the encroachment and install the fence by October 30^th they will have to reduce the number of children at the preschool.  Moved by Rehn, seconded by Cram to table Res. No. 19598 to the October 18^th Council meeting.  Roll Call on motion to table:  Yeas:  Cram, Wagner, Rehn, and Nieland.  Nays:  Lammers and Pazour.  Motion carried.

Resolution No. 19617 approving Resolution of Intent to approve request for use of Tax Increment Financing from the Collins Road East Urban Renewal Area for MTG Fasteners, Inc. dba Midwest Fastener and Fitting, 695 51^st Street, was read by Cram.  Moved by Cram, seconded by Pazour to approve Res. No. 19617.  All in favor, motion carried.

Resolution No. 19618 approving the Memorandum of Agreement and Final Plat of Bowman Woods Unit Thirty Three Addition, located south of East Robins Road, west of Newcastle Road (Midwest Development Co.) was read by Wagner.  Moved by Wagner, seconded by Pazour to approve Res. No. 19618.  All in favor, motion carried.

Moved by Rehn, seconded by Lammers to proceed with amendment of Winslow Road TIF District.  All in favor, motion carried.

Resolution No. 19619 approving the Memorandum of Agreement and Final Plat of R.E.C. Second Addition, located north of 29^th Avenue, west of REC Drive (Linn County Rural Electric Cooperative Association) was read by Lammers.  Moved by Lammers, seconded by Pazour to approve Res. No. 19619.  Planning and Development Director Tom Treharne presented the staff report.  Moved by Lammers, seconded by Pazour to table Res. No. 19619 to the October 18^th Council meeting.  All in favor of motion to table Res. No. 19619, motion carried.

Resolution No. 19620 approving request for waiver of Subdivision Regulations regarding a split of property by Plat of Survey No. 1452 for transfer purposes only, located north of East Robins Road east of Mulberry Drive (Arcon Development, Inc.) was read by Pazour.  Moved by Pazour, seconded by Lammers to approve Res. No. 19620.  All in favor, motion carried.

Planning and Development Director Tom Treharne noted that Resolution No. 19621, approving request for waiver of subdivision regulations regarding a split of property by Plat of Survey No. 1437 for transfer purposes, located between Prairie Ridge Avenue and Fernow Road (E. Wayne Scott/Prairie Hill Development Co.) was inadvertently omitted for the agenda.  City Attorney Don Hoskins noted that the Resolution can be placed on agenda if it is emergency in nature.  Mr. Treharne noted that the Resolution needs to be approved so that the transfer of property can be completed.  Resolution No. 19621, approving request for waiver of subdivision regulations regarding a split of property by Plat of Survey No. 1437 for transfer purposes, located between Prairie Ridge Avenue and Fernow Road (E. Wayne Scott/Prairie Hill Development Co.) was read by Pazour.  Moved by Pazour, seconded by Wagner to approve Res. No. 19621.  All in favor, motion carried.

 

Ordinance No. 07-27 amending Chapter 63 of the Code of Ordinances establishing speed limit on North 10^th 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 Pazour for second consideration.  Moved by Pazour, seconded by Lammers to approve the second reading of Ord. No. 07-27.  All in favor, motion carried.

Moved by Pazour, seconded by Wagner to suspend the rules and place Ord. No. 07-27 on the agenda for adoption and to adopt Ord. No. 07-27.  All in favor, motion carried.

Moved by Cram, seconded by Pazour to amend Ordinance No. 07-28 regarding speed limits on 44^th Street from Highway 151 north to Tower Terrace Road.  All in favor, motion carried. 

Ordinance No. 07-28 amending Chapter 63 of the Code of Ordinances establishing speed limit on 44^th Street to 35 mph from Highway 151 north to Tower Terrace Road, as amended (Staff) was read by Wagner for second consideration.  Moved by Wagner, seconded by Rehn to approve the second reading of Ord. No. 07-28.  City Engineer Dan Whitlow presented the staff report.  Dani Blin, 4501 Lantern Court, spoke opposing the increase to the speed limit on 44^th Street.  Richard Holland, 4325 Widgeon Drive, also spoke opposing the increase to the speed limit.  He requested that the crosswalk be painted before the speed is increased. 

Council Member Lammers left the Council Chambers at 7:57 p.m. and returned at 7:58 p.m.

Roll Call on second reading of Ord. No. 07-28:  Yeas:  Wagner, Rehn, Nieland, Lammers, Pazour, and Cram.  Nays:  None.  Motion carried.

Moved by Rehn, seconded by Pazour to approve aesthetics regarding the 29^th Avenue Extension Project bridge.  All in favor, motion carried.

Moved by Lammers, seconded by Pazour  to receive and file correspondence regarding safety concerns at the intersection of 29^th Avenue and Indian Creek Road (Kim Sleezer, 1705 25^th Avenue).  All in favor, motion carried.

Moved by Pazour, seconded by Lammers to receive and file correspondence from Gerald and Marvalee Vuichard, 3649 Brookside Drive, regarding sewer easements.  All in favor, motion carried.

Ordinance No. 07-24 amending Chapter 105 of the Code of Ordinances related to solid waste collections was read by Pazour for final consideration.  Moved by Pazour, seconded by Wagner to approve the third reading of Ord. No. 07-24.  All in favor, motion carried.

Ordinance No. 07-29 amending Chapter 120 of the Code of Ordinances related to under age persons being upon licensed premises was read by Cram for second consideration.  Moved by Cram, seconded by Wagner to approve the second reading of Ord. No. 07-29.  All in favor, motion carried.

Moved by Wagner, seconded by Cram to suspend the rules and place Ordinance No. 07-29 on the agenda for adoption and adopt Ord. No. 07-29 (Cocktails request).  All in favor, motion carried.

Moved by Rehn, seconded by Lammers to receive and file request regarding Connection Boulevard alignment and adjacent property annexation (W. Wayne Saur).  All in favor, motion carried.

City Manager Lon Pluckhahn noted that the east portion of 29^th Avenue is in poor condition.  He suggested that City crews do a scratch coat and that the County then do a seal coat.  The cost of the seal coat is approximately $17,000.  Cost of the asphalt for the scratch coat is unknown at this time.  Mr. Pluckhahn suggested reallocating funds budgeted for the downtown curb and sidewalk project to this project.  He noted that the downtown curb and sidewalk project will probably not be done this fiscal year.  Mayor Nieland expressed concern about trucks using this portion of 29^th Avenue.  City Engineer Dan Whitlow suggested amending the current embargo.

Council Discussion:

            City Attorney Don Hoskins noted that Resolution No. 19622, approving a special permit for minors on the premises for Cocktails and Company, needs to be added to the agenda.  It was not on the printed agenda because Ord. No. 07-29 needed to be approved before this Resolution could be acted upon.  Resolution No. 19622 approving a special permit for minors on the premises for Cocktails and Company was read by Pazour.  Moved by Pazour, seconded by Rehn to approve Res. No. 19622.  All in favor, motion carried.

Mayor Nieland adjourned the meeting at 8:17 p.m.

 

____________________________
John B. Nieland, Mayor

 

Attest:

 

 

____________________________
Beth J. Little, Assistant City Clerk