March 20, 2008

 

 

The City Council of the City of Marion, Linn County, Iowa met in regular session, Thursday, March 20, 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.

 

Moved by Lammers, seconded by Pazour to approve the Consent Calendar, as follows:

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

           a.       Resolution No. 19800 approving Partial Payment No. 2 from the Winslow Road Tax Increment Financing Fund (TIF) to Helping Hands Ministry for assistance to homeless or near homeless Families in Marion in the amount of $4,500.00.

           b.       Resolution No. 19801 approving Partial Payment No. 1 to East Central Iowa Council of Governments for completion of an updated 2008 Housing Needs Assessment in the amount $735.00.

           c.       Resolution No. 19802 approving Partial Payment No. 39 to East Central Iowa Council of Governments for Administration of the 2003 Housing Rehabilitation Grant Program in the amount of $1,470.00.

Motion to receive and file recommendations from the Planning and Zoning Commission related to:

               a.      Request for legal opinion regarding the establishment of an ordinance providing for the dedication of parkland within subdivision regulations.

               b.      Request to establish schools as a Conditional Use in all districts currently not regulated.

Resolution No. 19803 approving Partial Payment No. 18 to Shive Hattery Inc. for engineering services regarding the 29^th Avenue Extension Project in the amount of $61,794.00.

Resolution No. 19804 accepting the Permanent Encroachment Agreement with Marion Christian Church, 1050 McGowan Boulevard, regarding the 2008 McGowan Boulevard Paving Project – Phase 1.

Resolution No. 19805 approving On-site Borrow Site contract with Shive-Hattery, Inc. for engineering services regarding the 29^th Avenue Extension Project in an amount not to exceed $34,200.00.

Motion to receive and file 2008 Engineering Department Work Program.

Motion to receive and file FY 08/09 Public Services Department Work Program.

Motion to receive and file 2007 Building Inspection Department Annual Report.

Motion to approve the minutes of the March 4, 6 and 11, 2008 City Council meetings.

Motion to approve bills as presented in the amount of $370,513.78.

Resolution No. 19806 approving renewal application for a Class C Liquor Permit with additional privilege for outdoor and Sunday Sales for Tabasco’s Mexican Restaurant & Patio, Inc. dba Villa’s Patio Mexican Restaurant.

Resolution No. 19807 approving renewal application for a Special Class C Liquor (Beer & Wine) Permit with additional privilege for Outdoor and Sunday Sales for Amy J. Bean dba Mr. Beans.

Resolution No. 19808 approving renewal application for a Class C Liquor Permit with additional privilege for outdoor and Sunday Sales for Hunters Ridge Development Company LC dba Hunters Ridge Golf Course.

Resolution No. 19809 approving request from James Scott Embrey for a waiver of 7-day time requirements per Marion Code Section 122.06 (5) for Pocano Ice at 3400 7^th Avenue parking lot.

Motion to receive and file Substance Abuse Enforcement Education and Prevention Report.

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

Motion to approve hold harmless agreement related to noise waiver for New Beginnings Church on June 28, 2008 from 9:00 a.m. to 8:00 p.m. (City Square Park).

Motion to receive and file notice of resignation from Lorna Barnes from the Zoning Board of Adjustment.

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

 

Moved by Spinks, seconded by Glew to remove from table 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).  (Tabled at 03/06/08 meeting).  All in favor, motion carried.

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 Pazour for second consideration.  Moved by Pazour, seconded by Lammers to approve the second reading of Ord. No. 08-02.  All in favor, motion carried.

Moved by Pazour, seconded by Glew to suspend the rules and place Ord. No. 08-02 on the agenda for adoption and to adopt Ord. No. 08-02.  All in favor, motion carried.

Mayor Rehn opened the public hearing regarding the vacation and sale of a portion of the east/west alley in the block bounded by 2^nd and 3rd Avenues and 13^th and 14th Streets adjacent to 241 13^th Street (Frank Reynolds request).  Frank Reynolds, 111 19^th Street, spoke in favor of the sale of the alley.  He stated that the neighbor is not interested in purchasing a portion of the alley.  Mr. Reynolds noted that he is requesting to purchase the full alley.  No other comments, written or verbal, were received.  Mayor Rehn declared the public hearing closed.

Resolution No. 19810 approving the vacation of a portion of the east/west alley in the block bounded by 2^nd and 3rd Avenues and 13^th and 14th Streets adjacent to 241 13^th Street (Frank Reynolds request) was read by Glew.  Moved by Glew, seconded by Sprague to approve Res. No. 19810.  All in favor, motion carried.

Resolution No. 19811 approving the sale of a portion of the east/west alley in the block bounded by 2^nd and 3rd Avenues and 13^th and 14th Streets adjacent to 241 13^th Street (Frank Reynolds request) was read by Sprague.  Moved by Sprague, seconded by Pazour to approve Res. No. 19811.  All in favor, motion carried.

Resolution No. 19812 approving the Final Plat and Memorandum of Agreement for Stordahl First Addition located east of S. 11^th Street, north of  F Avenue (Norman and Carolyn Stordahl) was read by Lammers.  Moved by Lammers, seconded by Pazour to approve Res. No. 19812.  All in favor, motion carried.

Moved by Spinks, seconded by Glew to direct staff to prepare a report establishing schools as a Conditional Use in all districts currently not regulated.  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 Pazour for final consideration.  Moved by Pazour, seconded by Lammers to approve the third reading of Ord. No. 08-04.  All in favor, motion carried.

Moved by Glew, seconded by Pazour to approve the Project Calendar for the 2008 Sanitary Sewer Repair Project, as follows:

                    a.       Motion to retain the City Engineer as Project Engineer regarding the 2008 Sanitary Sewer Repair Project.

                    b.       Resolution No. 19813 approving Resolution of Necessity regarding the 2008 Sanitary Sewer Repair Project.

                    c.       Resolution No. 19814 ordering preparation of detailed plans, specifications, notice of hearing and letting, notice to bidders, form of contract, and estimate of cost regarding the 2008 Sanitary Sewer Repair Project.

                    d.       Resolution No. 19815 approving and adopting final plans, specifications, notice of hearing and letting, notice to bidders, form of contract, and estimate of cost regarding the 2008 Sanitary Sewer Repair Project.

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

Mayor Rehn opened the public hearing regarding the 2008 McGowan Boulevard Project.  City Engineer Dan Whitlow presented the staff report.  No other comments, written or verbal, were received.  Mayor Rehn declared the public hearing closed.

Resolution No. 19816 accepting bids and awarding contract to Dolan Excavation LLC regarding the 2008 McGowan Boulevard Project in the amount of $667,026.00 was read by Sprague.  Moved by Sprague, seconded by Lammers to approve Res. No. 19816.  All in favor, motion carried.

Ordinance No. 08-05 amending Section 105.058 of the Code of Ordinances related to solid waste collection containers was read by Lammers for initial consideration.  Moved by Lammers, seconded by Glew to approve the first reading of Ord. No. 08-05.  All in favor, motion carried.

Moved by Spinks, seconded by Pazour to remove from table motion to authorize $500 contribution towards Art in the Depot Project (Tabled at February 21, 2008 meeting).  All in favor, motion carried.

Moved by Pazour, seconded by Sprague to authorize $500 contribution towards Art in the Depot Project.   All in favor, motion carried.

Moved by Glew, seconded by Pazour to award Request for Proposals related to the City’s website.  Acting City Manager Harry Daugherty stated that the second proposal was not received.  He asked that this motion be tabled.  Moved by Sprague, seconded by Pazour to table motion to award Request for Proposals related to the City’s website. All in favor of motion to table, motion carried.

Mayor Rehn recommended the re-appointment of Paul Draper, 4670 Fairways Court, to the Civil Service Commission with term to expire April 1, 2012.  Moved by Lammers, seconded by Pazour to concur with the Mayor’s recommendation.  All in favor, motion carried.

Council Discussion Time:
            Council Member Sprague thanked the Engineering Department for the map they prepared showing the location of projects scheduled for 2008. 
            Council Member Glew noted that Horizons has received the highest level of achievement from the Council on Accreditation.  He thanked Horizons for the work they do in the community.
            Council Member Glew also thanked the Engineering Department for preparing the map showing the locations of projects scheduled for the 2008 construction season.  He asked if this information could be made available to the public.  Mr. Glew also asked if there is a way that the Council priorities could be more available to the public.  Mayor Rehn stated that he will discuss ways to make information more available to the public with the City Manager.
            Council Member Pazour congratulated Iowa Women’s Basketball Coach Lisa Bluder on being named Region 6 Coach of the Year by the Women’s Basketball Coaches Association. 
            Council Member Pazour noted that residents can scoop up the sand left from sanding this winter and take it to the Public Services Department.
            Council Member Pazour asked if the City needs to embargo some roads this spring.  Public Services Director Tom Newbanks stated that Winslow Road and 29^th Avenue from Greenways Court to Highway 13 both have five ton weight limits. 
            Council Member Pazour thanked the City of Cedar Rapids City Council for not approving the widening of East Post Road.

            City Attorney Don Hoskins spoke opposing the proposed changes to the bargaining laws being considered by the State legislature.  Council Member Glew thanked the City Manager for sending communications to some of the State Representatives and Senators opposing the changes.

Mayor Rehn adjourned the meeting at 7:48 p.m.

 

 

____________________________
Paul E. Rehn, Mayor

 

 

Attest:

 

____________________________
Beth J. Little, Assistant City Clerk