December 6, 2007
The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, December 6, 2007, at 7:00 p.m. in the council chambers of City Hall with Mayor Nieland presiding and the following council members present: Wagner, Rehn, Lammers, and Pazour. Absent: Cram and Adamson.
The meeting was opened with the Pledge of Allegiance.
Motion to receive and file report related to city facilities ADA accessibility/codes (Brad Ciha).
Motion to approve Project Calendar regarding Planning and Zoning Department payments, as follows:
a. Resolution No. 19678 approving Partial Payment No. 15 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Hazard Substances) in the amount of $825.75.
b. Resolution No. 19679 approving Partial Payment No. 15 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Petroleum Substances) in the amount of $585.75.
c. Resolution No. 19680 approving Partial Payment No. 20 to Howard R. Green Company for services related to the 2005 EPA Brownfields Cleanup Grant in the amount of $352.00.
d. Resolution No. 19681 approving Partial Payment No. 1 to Linn County Public Health Department related to the Housing Rehabilitation Grant Program, Project 13, in the amount of $130.00.
Motion to receive and file Linn Meadows Second Addition Final Plat, located east of Crestwood Lane on an extension of East Kacena Avenue (LTC Homes, Inc.).
Resolution No. 19682 setting public hearing for December 20, 2007, regarding the sale of a portion of the east/west alley bounded by 8th and 9th Avenues and 8th and 9th Streets adjacent to 888 8th Avenue (Steven and Courtney Takes, Antiques Avenue).
Resolution No. 19683 setting public hearing for December 20, 2007, regarding a request to rezone property located east of 31st Street, north of Munier Road from A-1, Rural Restricted to PD-C, Planned Development – Commercial (Robin Holub request).
Resolution No. 19684 setting public hearing for December 20, 2007, regarding an amendment to Chapter 176 of the Marion Code of Ordinances regulating placement and operation of wind energy conservation systems.
Motion directing staff to negotiate a contract with Shive Hattery, Inc. related to a Sub Area Plan for property located north of 29th Avenue between Indian Creek Road and Highway 13.
Motion to receive and file and refer to the Planning and Zoning Commission, as follows:
a. Nottingham Hills Addition Revised Preliminary Plat, located south of East Robins Road east of Newcastle Road (BBAK Investments).
b. Yoder First Addition Final Plat to Linn County, located north of Big Springs Road west of Hindman Road (Darrell Loan).
Motion to accept right-of-way easement for the extension of Grand Avenue related to Creek View Addition to the City of Marion.
Resolution No. 19685 approving the installation of a stop sign northbound on Lennon Lane at Tower Terrace Road.
Resolution No. 19686 adopting final assessment schedule regarding the 2007 Sidewalk Assessment Project and amending, confirming and levying the assessments.
Motion to approve the minutes of the November 13 and 15, 2007 City Council meetings.
Motion to approve bills as presented in the amount of $593,033.06.
Resolution No. 19687 approving renewal application for a Class C Liquor permit with additional privilege for Sunday Sales and Catering for Carlos O’Kellys of Marion, Inc. dba Carlos O’Kellys Mexican Café.
Resolution No. 19688 approving renewal application for a Class E Liquor permit with additional privilege for Carry Out Beer, Carry Out Wine and Sunday Sales for Wal-Mart Stores, Inc. dba Wal-Mart Supercenter #3630.
Resolution No. 19689 approving payment to Dorsey & Whitney in the amount of $7,949 in connection with the City’s $2,250,000 GO Refunding Bonds.
Resolution No. 19690 approving payment to the Iowa Individual Health Benefit Reinsurance Association in the amount of $9,793.30 in connection with the City’s self-insurance health plan.
Resolution No. 19691 approving the Abstract of Votes for those offices on the City Election ballot in 2007.
Motion setting special meeting for Saturday, January 19, 2008 at 8:30 a.m. for Council Goal Setting Session and Saturday, February 9, 2008 at 8:30 a.m. for Council Budget Workshop.
Motion to receive and file letter of resignation as Ward Two Council Member effective December 31, 2007 at 11:59 p.m. (Paul Rehn).
Motion to approve Notice of Intent to fill a City Council Ward Two vacancy by appointment.
Motion to receive and file summary of findings relating to brownfield open house events (distributed November 13, 2007).
Motion to receive and file letter of resignation from the Marion Arts Council effective December 31, 2007 (Robert Naujoks).
All in favor of motion to approve the consent calendar, motion carried.
Resolution No. 19692 Resolution of Intent to approve request for the use of Tax Increment Financing assistance from the Central Corridor Urban Renewal Area for Russell E. Miller, M & E Investments, LLC and Iowa Health Physicians Clinic (2998 7th Avenue) was read by Wagner. Moved by Wagner, seconded by Lammers to approve Res. No. 19692. All in favor, motion carried.
Council Member Adamson arrived at 7:05 p.m.
Mayor Nieland opened the public hearing regarding the voluntary annexation request for property located at 2129 Randolph Road (Farmers State Bank). Yvonne Harger, 5512 Cartwright Lane, stated that she owns two acres located next to this property. She explained that she had previously contacted the City regarding annexing her property that is located in Linn County to the City of Marion but was told she could not annex the property. Planning and Development Director Tom Treharne explained that her property was not contiguous to the Marion city limits, so she could not annex to the City at that time. He noted that the annexation of this property on Randolph Road would make her property contiguous to the city limits, so she could now request to annex her property. No other comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Resolution No. 19693 approving the voluntary annexation of property located at 2129 Randolph Road (Farmers State Bank) was read by Rehn. Moved by Rehn, seconded by Pazour to approve Res. No. 19693. All in favor, motion carried.
Resolution No. 19694 approving the Memorandum of Agreement and Final Plat of Linn Meadows Second Addition, located east of Crestwood Lane on an extension of East Kacena Avenue (LTC Homes, Inc.) was read by Lammers. Moved by Lammers, seconded by Pazour to approve Res. No. 19694. All in favor, motion carried.
Mayor Nieland opened the public hearing regarding amendment to the Winslow Road Urban Renewal Plan and Area. No comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Resolution No. 19695 a Resolution of the City of Marion, Iowa, determining an economic development area exists and it is in the interest of the public health, safety or welfare of the residents of the City designating such area as appropriate for an urban renewal project; and adopting the Urban Renewal Plan for the Amended Winslow Road Urban Renewal Area was read by Pazour. Moved by Pazour, seconded by Rehn to approve Res. No. 19695. All in favor, motion carried.
Ordinance No. 07-31 an ordinance providing that general property taxes levied and collected each year on all property located within the amended Winslow Road Urban Renewal Area project area, in the City of Marion, County of Linn, State of Iowa, Linn Mar Community Schools, and other taxing districts, to 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 redevelopment project was read by Adamson for initial consideration. Moved by Adamson, seconded by Lammers to approve the first reading of Ord. No. 07-31. All in favor, motion carried.
Resolution No. 19696 approving Memorandum of Agreement and Final Plat of Mormann First Addition to Linn County, located east of Highway 13, north of Tower View Road (Ronald L. Mormann) was read by Rehn. Moved by Rehn, seconded by Pazour to approve Res. No. 19696. All in favor, motion carried.
Mayor Nieland opened the public hearing regarding the final assessment of delinquent fees. Written correspondence was received from George F. Panosh, 2485 Winchester Drive, opposing the assessment to his property. No other comments, written or verbal, were received. Mayor Nieland declared the public hearing closed.
Moved by Wagner, seconded by Pazour to receive and file correspondence opposing assessment related to housing inspection (George F. Panosh, 2485 Winchester Drive). All in favor, motion carried.
Moved by Rehn, seconded by Pazour to amend final assessment schedule by deleting assessment for George Panosh, 2485 Winchester Drive. All in favor, motion carried.
Resolution No. 19697 adopting final assessment schedule for delinquent fees and confirming and levying assessments was read by Lammers. Moved by Lammers, seconded by Rehn to approve Res. No. 19697. All in favor, motion carried.
Mayor Nieland recommended the appointment of Lyle Lochner, 955 Emerald Street, to the Nuisance Advisory Board with term to expire January 1, 2010 and the following appointments to the Priorities Advisory Committee:
Gordon Trimble, 1358 Ottawa Drive Ward 2 Representative
Tom Lammers, 2820 2nd Avenue Ward 3 Representative
Leah Rodenberg, 2390 Acacia Court Ward 4 Representative
Brian Bartz Marion School District
Rick Ironside Linn-Mar School District
Greg Hapgood Marion Water Board
Cassie Willis Marion Chamber of Commerce
Tim Mooney Planning and Zoning Commission
Tom Padley Public Services Board
David Martin Historic Preservation Commission
Moved by Rehn, seconded by Lammers to concur with the Mayor’s recommendation. All in favor, motion carried.
Council Discussion:
Council Member Lammers thanked the City crews for removing the ice and snow from the sidewalks in the downtown area.
Council Member Pazour thanked Brad Ciha for his report related to city facilities ADA accessibility/codes.
Council Member Wagner thanked the Mayor for asking him to light the Peace Tree at Marion Square Park tonight.
Mayor Nieland noted that the December 20th meeting will be the last meeting for Council Member Wagner, Council Member Cram, and him. He noted that there will be a coffee starting at 6:30 p.m. at City Hall.
Mayor Nieland adjourned the meeting at 7:25 p.m.
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John B. Nieland, Mayor
Attest:
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Beth J. Little, Assistant City Clerk