March 6, 2008
The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, March 6, 2008, at 7:00 p.m. in the council chambers of City Hall with Mayor Rehn presiding and the following council members present: Sprague, Adamson, Lammers, Spinks, Pazour, and Glew. Absent: None.
The meeting was opened with the Pledge of Allegiance.
Michael Duehr, Fraternal Order of the Eagles Club, made a presentation to Council regarding organizing a new Eagles Club chapter in Marion.
Council Member Adamson requested that the motion to approve Hold Harmless Agreement regarding noise waiver for Faith Lutheran Church, 155 Boyson Road, on September 6, 2008, from 5:30 pm to 11:00 pm, be removed from the consent calendar.
Resolution No. 19779 approving payment from the Winslow Road Tax Increment Financing Fund to Aging Services for reimbursement of work associated with Chore Services Program in the amount of $2,866.50.Motion to receive and file and refer to the Planning and Zoning Commission request to vacate and purchase the portion of the east/west alley bounded by 2nd and 3rd Avenues, between 13th and 14th Streets, adjacent to 241 13th Street (Frank Reynolds request, 111 19th Street).
Resolution No. 19780 setting public hearing for March 20, 2008 regarding the vacation and sale of a portion of the east-west alley in the block bounded by 2nd and 3rd Avenues and 13th and 14th Streets, adjacent to 241 13th Street (Frank Reynolds request).
Motion to receive and file request to withdraw Bowman Woods Unit 33 rezoning request from further consideration.
Motion to receive and file Prairie Bend Fourth Addition Final Plat, located south of Tower Terrace Road, extending Lennon Lane northerly (Morris Wood Enterprises, LLC).
Resolution No.19781 approving contract and bond for 2008 Brookside Drive Sanitary Sewer Project with Rathje Construction Co.
Resolution No. 19782 accepting the public improvements for the third phase of Squaw Creek Meadows 2nd Addition to the City of Marion.
Motion to receive and file e-mail regarding geothermal moratorium (Jane Suiter, 3415 26th Avenue, and Sue Bullianga, 984 Arica Avenue).
Motion to receive and file the Squaw Creek Basin FEMA Map updates.
Motion to receive and file e-mail regarding drainage at 625 Meadow Ridge Blvd. (Tom and Terry St. John).
Motion to approve Project Calendar regarding Building Department fee scheduling as follows:
a. Resolution No. 19783 adopting a schedule of fees for the International Building Code, 2006 Edition and International Residential Code, 2006 Edition.
b. Resolution No. 19784 adopting a schedule of fees for the International Plumbing Code, 2006 Edition.
c. Resolution No. 19785 adopting a schedule of fees for the International Mechanical Code, 2006 Edition.
d. Resolution No. 19786 adopting a schedule of fees for the National Electrical Code, 2005 Edition and International Code Council Electrical Code-Administrative Provisions, 2003 Edition.
Motion to approve the minutes of the February 19 and 21, 2008 City Council meetings.
Motion to approve bills as presented in the amount of $336,747.49.
Resolution No. 19787 approving renewal application for a Class C Liquor Permit with additional privilege for catering and Sunday Sales for Prairie Hill Pavilion Inc. dba Prairie Hill Pavilion Inc.
Resolution No. 19788 approving renewal application for a Class B Beer Permit (includes Wine Coolers) for E. T. N. Maidrite, Inc. dba Marion Maid Rite.
Resolution No. 19789 approving renewal application for a Class C Liquor Permit with additional privilege for catering and Sunday Sales for Huntington, L.L.C. dba Huntington.
Resolution No. 19790 approving renewal application for a Class C Liquor Permit with additional privilege for Sunday and Outdoor Sales for Wrigleyville, Inc. dba Wrigleyville.
Motion to receive and file Police Department 2007 Annual Report.
Motion to receive and file resignation from Fred Weber from the Civil Service Commission.
All in favor of motion to approve the consent calendar, motion carried.
Moved by Pazour, seconded by Sprague to receive and approve Petition and Waiver from Marion Christian Church regarding installation of sidewalk in conjunction with McGowan Boulevard Paving Project – Phase 1. All in favor, motion carried.
Moved by Pazour, seconded by Lammers to approve Hold Harmless Agreement regarding noise waiver for Faith Lutheran Church, 155 Boyson Road, on September 6, 2008, from 5:30 pm to 11:00 pm. Moved by Lammers, seconded by Pazour to amend the time for the noise waiver to 5:30 p.m. to 10:00 p.m. All in favor of amendment, motion carried. All in favor of motion as amended, motion carried.
Ordinance No. 08-02 amending the Codes of Ordinances regarding request to rezone property located at 241 13th Street from C-4, Warehouse/ Commercial to R-3, Two-Family Residential (Frank Reynolds request, 111 19th Street) was read by Glew for second consideration. Moved by Glew, seconded by Sprague to approve the second reading of Ord. No. 08-02. Moved by Pazour, seconded by Lammers to table the second reading of Ord. No. 08-02. All in favor of motion to table, motion carried.
Moved by Sprague, seconded by Adamson to approve the Project Calendar for the 2008 Curb Replacement Project, as follows:
a. Motion to retain the City Engineer as Project Engineer regarding the 2008 Curb Replacement Project.
b. Resolution No. 19791 approving Resolution of Necessity regarding the 2008 Curb Replacement Project.
c. Resolution No. 19792 ordering preparation of detailed plans, specifications, notice of hearing and letting, notice to bidders, form of contract, and estimate of cost regarding the 2008 Curb Replacement Project.
d. Resolution No. 19793 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract, and estimate of cost regarding the 2008 Curb Replacement Project.
All in favor of motion to approve the Project Calendar, motion carried.
Moved by Adamson, seconded by Sprague to approve the Project Calendar for the 2008 HMA Resurfacing Project, as follows:
a. Motion to retain the City Engineer as Project Engineer regarding the 2008 HMA Resurfacing Project.
b. Resolution No. 19794 approving Resolution of Necessity regarding the 2008 HMA Resurfacing Project.
c. Resolution No. 19795 ordering preparation of detailed plans, specifications, notice of hearing and letting, notice to bidders, form of contract, and estimate of cost regarding the 2008 HMA Resurfacing Project.
d. Resolution No. 19796 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract, and estimate of cost regarding the 2008 HMA Resurfacing Project.
All in favor of motion to approve the Project Calendar, motion carried.
Moved by Lammers, seconded by Pazour to reconsider amendment to Ordinance No. 08-04 granting Linn Mar School District an exemption for open loop geothermal system at Novak Middle School. Steve Emerson, Aspect Architecture Design, representing Linn Mar Schools on the project, spoke in favor of allowing an exemption for the Novak Middle School project. Don Gallagher, Methwick Manor, spoke in opposition to open loop geothermal systems. Roll Call on motion to reconsider: Yeas: Sprague, Adamson, Lammers, Rehn, Spinks, Pazour, and Glew. Nays: None. Motion carried.
Moved by Lammers, seconded by Pazour to approve an amendment to allow an exemption for open loop geothermal system at Novak Middle School. Roll Call: Yeas: Adamson. Nays: Lammers, Rehn, Spinks, Pazour, Glew, and Sprague. Motion failed.
Ordinance No. 08-04 establishing a moratorium on construction of open loop geothermal heating/cooling systems until the 21st 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 Spinks for second consideration. Moved by Spinks, seconded by Pazour to approve the second reading of Ord. No. 08-04. All in favor, motion carried.
Resolution No. 19797 approving request by Alliant Energy for waiver of underground utilities requirements on 44th Street, north of Tenth Avenue, was read by Pazour. Moved by Pazour, seconded by Adamson to approve Res. No. 19797. Roll Call: Yeas: Pazour. Nays: Lammers, Rehn, Spinks, Glew, and Adamson. Abstention due to conflict of interest: Sprague. Motion failed.
Mayor Rehn recommended the appointment of J.D. Schlotterback, 2390 Rosewood Ridge Court, to the Civil Service Commission with term to expire April 1, 2010. Moved by Lammers, seconded by Pazour to concur with the Mayor’s recommendation. All in favor, motion carried.
Presentations were made by Jan Boland and John Dowdall representing Red Cedar Chamber Music, Josie Heskje representing Entrepreneurial Development Center, Inc., and George Lake, president of MEDCO, representing Prosperity Eastern Iowa regarding their requests for funding from Hotel/Motel funds for FY 08-09.
Council Discussion Time:
Council Member Pazour congratulated the area athletic teams on qualifying for the State tournaments.
Council Member Pazour stated that she received a phone call from a concerned citizen regarding children walking to school in the street because the sidewalks were not shoveled.
Council Member Adamson congratulated the area athletic teams on qualifying for the State basketball and wrestling tournaments. He also thanked Ms. Boland, Mr. Dowdall, Ms. Heskje, and Mr. Lake for making presentations tonight.
City Manager Lon Pluckhahn stated that the budget updates will be emailed to the Council tomorrow.
Council Member Sprague requested that the budget hearing be held in the evening next year.
Council Member Glew asked for an update on Council goals.
Mayor Rehn adjourned the meeting at 8:34 p.m.
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Paul E. Rehn, Mayor
Attest:
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Beth J. Little, Assistant City Clerk