February 21, 2008

 

 

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, February 21, 2008, at 7:00 p.m. in the council chambers of City Hall with Mayor Rehn presiding and the following council members present:  Sprague, Lammers, Spinks, Pazour, and Glew.  Absent:  Adamson.

 

The meeting was opened with the Pledge of Allegiance.

 

Council Member Adamson arrived at 7:02 a.m.

 

Motion to approve Project Calendar related to Planning and Development Department payments, as follows:

a.    Resolution No. 19758 approving Partial Payment No. 2 to Howard R. Green Company for services related to the 2007 EPA Brownfield Cleanup Grant in the amount of $704.00

b.    Resolution No. 19759 approving Partial Payment No. 22 to Howard R. Green Company for services related to the 2005 EPA Brownfield Cleanup Grant in the amount of 391.00.

c.    Resolution No. 19760 approving Partial Payment No. 17 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Petroleum Substances) in the amount of $991.50.

d.    Resolution No. 19761 approving Partial Payment No. 17 to Howard R. Green Company for services related to the 2006 Brownfield Assessment Grant (Hazardous Substances) in the amount of $2,778.50.

e.    Resolution No. 19762 approving Partial Payment No. 38 to East Central Iowa Council of Governments for Administration of the 2003 Housing Rehabilitation Grant Program in the amount of $1,519.00.

f.     Resolution No. 19763 approving payment to the Corridor Metropolitan Planning Organization for FY2008 dues in the amount of $10,596.90  (Formerly Linn County Regional Planning Commission).

Motion to receive and file and refer to the Planning and Zoning Commission a request to rezone property located south of East Robins Road, west of Newcastle Road from R-2, Single-Family Residential to PD-R, Planned Development Residential (Midwest Development Co.).

Resolution No. 19764 approving Partial Payment No. 17 to Shive Hattery Inc. for engineering services regarding the 29^th Avenue Extension Project in the amount of $29,794.46.

Motion to receive and file the Corridor Metropolitan Planning Organization (CMPO) Sanitary Trunk Sewer Modeling Report.

Resolution No. 19765 approving purchase of replacement light fixtures for Public Services Department from Alliant Energy in the amount of $12,221.31.

Motion to approve the minutes of the February 5, 7, and 9, 2008 City Council meetings.

Motion to approve bills as presented in the amount of $305,365.16.

Resolution No.19766 approving the 2008 Addendum related to fee schedule for the 2001 contract with Marion Township. 

Motion to receive and file report by MEDCO Director George Lake regarding MEDCO activities on February 5, 2008. 

Motion to receive and file Departmental Monthly Reports for January 2008.

Motion to receive and file 2007 Water Department Annual Report.

Resolution No. 19767 resetting public hearing for FY 08-09 Budget for Tuesday, March 11, 2008 at 4:00 p.m.

Motion to approve project calendar regarding the 2005 City Hall Construction Project, as follows:

a.    Resolution No. 19768 approving Change Order No. 7 from Kleiman Construction, Inc. regarding the 2005 City Hall Construction Project, decreasing project amount by $3,100.00. 
b.    Resolution No.19769 accepting the 2005 City Hall Construction Project and approving final payment in the amount of $211,127.67.

 

All in favor of motion to approve the consent calendar, motion carried.

 

Mayor Rehn opened the public hearing regarding request to rezone property located at 241 13^th Street from C-4, Warehouse/Commercial to R-3, Two-Family Residential (Frank Reynolds request).  (Continued from February 7, 2008 meeting).  Frank Reynolds, 111 19^th Street, spoke in favor of the rezoning.  Mr. Reynolds submitted a map of the property.  Moved by Lammers, seconded by Pazour to receive and file the map.  All in favor, motion carried.  Council Member Pazour asked Mr. Reynolds if he had visited with the neighbor regarding purchase of the alley.  Mr. Reynolds stated that the neighbor does not object to him buying the alley.  No other comments, written or verbal, were received.  Mayor Rehn declared the public hearing closed.

Jeremiah Hatcher, 201 13^th Street, asked if the rezoning would affect his property.  Mayor Rehn stated that the rezoning just applies to the property at 241 13^th Street.  Deborah Hatcher asked if the property would meet setback requirements even if Mr. Reynolds purchases the alley.  Planning and Development Director Tom Treharne stated that Mr. Reynolds will need to request a variance from the Zoning Board of Adjustment. 

 

Ordinance No. 08-02 amending the Codes of Ordinances regarding request to rezone property located at 241 13^th Street from C-4, Warehouse/Commercial to R-3, Two-Family Residential (Frank Reynolds request, 111 19^th Street) was read by Adamson for initial consideration.  Moved by Adamson, seconded by Glew to approve the first reading of Ord. No. 08-02.  All in favor, motion carried.

Moved by Lammers, seconded by Adamson to receive and file request to waive second and third readings of Ordinance No. 08-02 regarding request to rezone property located at 241 13^th Street from C-4, Warehouse/Commercial to R-3, Two-Family Residential (Frank Reynolds, 111 19^th Street).  All in favor, motion carried.

Resolution No. 19770 approving Revised Nottingham Hills Addition Preliminary Plat, located east of Newcastle Road, between Hampshire Drive and East Robins Road (BBAK Investments) was read by Spinks.  Moved by Spinks, seconded by Pazour to approve Res. No. 19770.  All in favor, motion carried.

Moved by Pazour, seconded by Glew to approve the Project Calendar related to the 2008 Sidewalk Assessment Project, as follows:

a.    Motion to receive and file Sidewalk Assessment Committee recommendations for 2008 projects.

b.    Motion to retain the City Engineer as Project Engineer for the 2008 Sidewalk Assessment Project.

c.    Resolution No. 19771 approving Resolution of Necessity regarding the 2008 Sidewalk Assessment Project.

d.    Resolution No. 19772 ordering preparation of detailed plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost regarding the 2008 Sidewalk Assessment Project.

All in favor of motion to approve the Project Calendar, motion carried.

 

Moved by Glew, seconded by Pazour to approve the Project Calendar related to the 2008 McGowan Boulevard Paving Project – Phase I, as follows:

a.    Motion to retain the City Engineer as Project Engineer regarding the 2008 McGowan Boulevard Paving Project – Phase I.

b.    Resolution No. 19774 approving Resolution of Necessity regarding the 2008 McGowan Boulevard Paving Project – Phase I.

c.    Resolution No. 19775 ordering preparation of detailed plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost regarding the 2008 McGowan Boulevard Paving Project – Phase I.

d.    Resolution No. 19776 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract and estimate of cost regarding the 2008 McGowan Boulevard Paving Project – Phase I.

City Engineer Dan Whitlow presented the staff report.  All in favor of motion to approve the Project Calendar, motion carried.

 

Mayor Rehn opened the public hearing regarding the 2008 Brookside Drive Sanitary Sewer Project.  No comments, written or verbal, were received.  Mayor Rehn declared the public hearing closed.

Resolution No. 19777 accepting bids and awarding contract to Rathje Construction Co. regarding the 2008 Brookside Drive Sanitary Sewer Project in the amount of $335,156.75 was read by Sprague.  Moved by Sprague, seconded by Pazour to approve Res. No. 19777.  All in favor, motion carried.

Ordinance No. 08-04 establishing a moratorium on construction of open loop geothermal heating/cooling systems until the 21^st of August, 2008, pending adoption of an ordinance establishing fees for the discharge of water into the city storm water and/or surface water drainage systems from open loop geothermal heating/cooling systems and providing penalties was read by Adamson for initial consideration.   Moved by Adamson, seconded by Pazour to approve the first reading of Ord. No. 08-04.  Steve Emerson, Aspect Architecture Design, stated that he is representing Linn Mar Schools on the project.  The project at Novak Elementary School is expected to be completed by August 15, 2008.  Mr. Emerson explained the proposed project.  Council asked Mr. Emerson questions about the project.  City Attorney Don Hoskins stated that Section 1, Paragraph B of the proposed Ordinance states that any building permits that include construction of open loop geothermal heating/cooling systems issued prior to the adoption of this moratorium ordinance are hereby suspended.  City Attorney Don Hoskins suggested that Section 1, Paragraph B of the Ordinance be amended to not apply the moratorium to the permit issued to Linn Mar Community School District for the Novak Elementary School building.  Moved by Glew, seconded by Lammers to amend Section 1, Paragraph B of Ord. No. 08-04 to not apply the moratorium to the permit issued to Linn Mar Community School District for the Novak Elementary School building.  Ayes:  Lammers, Rehn, Spinks, and Glew.  Nays:  Sprague, Adamson, and Pazour.  Motion carried.  Roll Call on the first reading of Ord. No. 08-04 as amended:  Yeas:  Sprague, Adamson, Lammers, Rehn, Spinks, Pazour, and Glew.  Nays:  None.  Motion carried.

 

Moved by Lammers, seconded by Pazour to receive and file as follows:

a.    Request for no parking on the west side of 16^th Street north of 7^th Avenue 50 feet (Staff).

b.    Request for installation of stop signs at the intersection of 3^rd Avenue and 18^th Street (Council Member Pazour at January 17^th meeting).

All in favor of motion to receive and file and refer item (a) to TAC, motion carried.  Council Member Pazour requested that all intersections from 15^th Street to 20^th Street with 3^rd Avenue be reviewed by TAC.  Moved by Adamson, seconded by Sprague to amend item (b) to refer to TAC request for installation of stop signs/yield signs at the intersections of 15^th Street through 20^th Street with 3^rd Avenue.  Yeas:  Sprague, Rehn, Spinks, and Pazour.  Nays:  Adamson, Lammers, and Glew.  Motion carried.

 

Moved by Pazour, seconded by Adamson to receive and file the request for installation of stop signs at the intersection of 3^rd Avenue and 18^th Street (Council Member Pazour at January 17^th meeting).  All in favor, motion carried.

Ordinance No. 08-03 amending Chapter 120 of the Code of Ordinances relating to persons being upon licensed premises after closing and providing penalties was read by Spinks for second consideration.  Moved by Spinks, seconded by Pazour to approve the second reading of Ord. No. 08-03.  George Ulferts, 2565 5^th Avenue, asked for an explanation of Ord. No. 08-03.  Mayor Rehn and City Attorney Don Hoskins explained the proposed ordinance.  All in favor, motion carried.

 

Moved by Pazour, seconded by Lammers to suspend the rules and place Ord. No. 08-03 on the agenda for adoption and to adopt Ord. No. 08-03. All in favor, motion carried.

 

Moved by Pazour, seconded by Lammers to authorize $500 contribution towards Art in the Depot Project.  Mayor Rehn stated that he had received a number of comments regarding the proposed art work.  Moved by Sprague, seconded by Lammers to table the motion.  All in favor of motion to table, motion carried.

Mayor Rehn recommended the following appointments to the 29^th Avenue Sub Area Plan Advisory Committee: 

                     Nick AbouAssaly - Planning Commission

                     Jon Morris - Commercial Developer
Moved by Lammers, seconded by Pazour to concur with the Mayor’s recommendations.  All in favor, motion carried.

 

Mayor Rehn explained that no hearing related to liquor violation (VIP, 648 8^th Street) is necessary because a settlement has been reached.   

Resolution No. 19778 accepting settlement and consent to penalty and imposing the penalties for liquor violations (VIP, 648 8^th Street) was read by Lammers.  Moved by Lammers, seconded by Pazour to approve Res. No. 19778.  All in favor, motion carried.

Council Discussion:
            Council Member Sprague stated that the City needs to consider environmental issues when making decisions.
            Council Member Adamson thanked the Mayor for allowing the discussion regarding the moratorium.  Council Member Adamson also thanked the Linn Mar representatives for attending the Council meeting to address Council’s concerns.  He noted that the Council needs to work with both Linn Mar and Marion Independent school officials.  Council Member Glew stated that he would like Council to meet with both the Linn Mar and Marion Independent School boards.
            Frank Reynolds stated that he kept all the Council packets and correspondence from his twelve years on the City Council.  He stated that they are available if someone would like the information for historical purposes.

 

Mayor Rehn adjourned the meeting at 8:40 p.m.

 

 

____________________________
Paul E. Rehn, Mayor

 

 

Attest:

 

 

 

 

____________________________
Beth J. Little, Assistant City Clerk