Administration 1225 6th Avenue, Suite 110 Marion, Iowa 52302 www.cityofmarion.org

Manager’s Memo September 2, 2016

To:

Mayor and Council

From: Lon Pluckhahn, City Manager Re:

Upcoming Agenda Items – September 6, 2016

General Information: This week the Mayor and I met with the superintendent and board president of Marion Independent to talk about the future of Emerson Elementary. The district plans to vacate the building next year when their new Longfellow school is completed. We discussed issuing a joint request for proposals for the re-use of the site. Public outreach would be conducted in the fall, with the goal of having responses reviewed and submitted so the school could have a plan in place for the summer of 2017. As the RFP develops the council will continue to be briefed on its progress. Engineering reported that a few old underground storage tanks were found on the former Whetstone building site. It appears they were old heating oil tanks that were not removed before the Whetstone building was constructed. The tanks did not have oil in them, but did contain some rusty water. They have been moved to a temporary location, and the DNR was notified so that we can determine if any other remediation needs to be completed. The east end roundabout is moving along now that the utility poles are out of the way. Rock will be installed and compacted next, and then paving can take place. Similarly, the utility companies are out of the way in the Art in the Alleys project and it will start to take shape quickly. Retaining wall construction is under way. Phone (319) 743-6301

[email protected]

Fax (319) 377-7892

Following are a couple of pictures of the progress at Waldo’s Rock Park. The roadway and parking lot have been paved, and the roof on the pavilion is being finished up this week. It is taking shape nicely.

Contracts $10,000 and below approved by City Manager: None.

Informational Items:

(to be distributed at the Tuesday work session)

Chamber Annual meeting is October 4. Please RSVP to Traci. Iowa League of Cities Conference is September 14-16 in Des Moines. If you are planning to attend, please RSVP to Traci as soon as possible.

Agenda: Discussion regarding the potential of forming a Regional Transit Authority (RTA) for the Cedar Rapids Metro Area (Andres Gomez, Corridor Metropolitan Planning Organization) (Tuesday) (4:00 -4:20) Proclamation: Constitution Week (Thursday) Proclamation: 11th Annual Five Seasons Stand Down Day (Thursday)

A.

FINANCE (4:20 – 4:25) 1. Motion to approve minutes of the August 16 and 18, 2016 City Council meetings. 2. Motion to approve the bills as presented in the amount of $ Available 9/6/16. 3. Motion to approve the following liquor license applications: a. Renewal application for a Class E Liquor License with additional privilege for Sunday Sales for Fauser Oil Co., Inc., dba Guppy’s on the Go (680 Lindale Drive). Expiration 09/30/2016. One violation in previous five years. b. Renewal application for a Class E Liquor License with additional privileges for Carryout Wine, Carryout Beer, and Sunday Sales for Iowa CVS Pharmacy, LLC, dba CVS/pharmacy #10032 (3495 7th Avenue). Expiration 10/13/2016. No violations in previous five years. c. New application for a Class C Liquor License with additional privilege for Sunday Sales for Another Road Brewing (631 9th Avenue). Effective Date 09/09/2016. No violations in previous five years. (Has only sold beer and would like to begin selling liquor). 4. Motion to receive and file letter requesting waiver of time constraints of Sections 122.19 (3) and 122.06(5) Transient Merchant (Chubbs BBQ, LLC, Jessie Parham, Owner). Marion’s ordinances limit the amount of time a transient merchant may spend in one location. The applicant operates a food truck, and would like to stay in one spot longer than the ordinances permit and is asking for an exception.

5. Resolution No. authorizing an exception to the time constraints of Sections 122.19(3) and 122.06(5) of the Marion Code of Ordinances to Chubbs BBQ, LLC (Jessie Parham, Owner), Transient Merchant.

6. Motion to receive and file certified list for Police Chief. 7. Resolution No. _ setting a public hearing regarding a proposed fiscal year 2016-2017 budget amendment for October 6, 2016. B.

PUBLIC SERVICES (4:25 – 4:30) 1. Ordinance No. 16amending Chapter 105 of the Solid Waste Ordinance and establishing base monthly collection fees at $14.25 and eliminating reduced monthly fees. Initial consideration. This is the revised ordinance that establishes a single solid waste fee.

C.

POLICE/FIRE (4:30 – 4:40) 1. Discussion regarding the purchase of new Tasers. The police department is ready to replace tasers, and would like to proceed with the purchase.

2. Resolution No. approving the purchase of ___ tasers from Taser International in an amount of $21,967.97. 3. Public hearing regarding a three (3) year lease agreement with Verizon Communications for the installation of communications equipment at Marion Fire Station No. 1, 600 8th Avenue. To enter into a lease of 3 or more years, the city must hold a public hearing. The tower at Station 1 is owned by the city and has equipment from several companies on it. This lease is consistent with the terms of the other leaseholders.

4. Resolution No. approving a three (3) year lease agreement with Verizon Communications for the installation of communications equipment at Marion Fire Station No. 1, 600 8th Avenue.

D.

PARKS (4:40 – 4:55) 1.

Discussion regarding a Resolution of Support regarding the 1000 Acre Prairie/Pollinator Zones Project. The parks department will brief the council on a proposed new program that would potentially benefit the city. It is anticipated to have no direct cost to Marion and will help with prairie land expansion and restoration projects.

2. Resolution No. ____ of support regarding the 1000 Acre Prairie/Pollinator Zones Project. See #1 preceding.

E.

BUILDING INSPECTION NONE

F.

ENGINEERING (4:55 – 5:05) 1. Motion to approve Project Calendar regarding Engineering Department payments as follows: a. Resolution No. approving Partial Payment No. 2 to L.L. Pelling Company, Inc. regarding the 2016 Lowe Park Parking Lot Project in the amount of $298,775.02. b. Resolution No. approving Partial Payment No. 3 to Central States Concrete, LLC regarding the 2016 ImaginArt in the Alley Project in the amount of $44,212.83. c. Resolution No. approving Partial Payment No. 6 to Ricklefs Excavating, LTD regarding the Central Corridor Complete Streets and Capacity Improvements, Roundabout at 7th Avenue and 7th Street, STP-A-4775(627)-86-57 in the amount of $385,683.52. d. Resolution No. approving Partial Payment No. 3 to Rathje Construction Company, Inc. regarding the 2016 Fairview Drive Reconstruction Project in the amount of $226,130.45.

e. Resolution No. approving Partial Payment No. 5 to Genesis Equities, LLC per Resolution No. 24763 regarding the construction of the Central Corridor Project (26th St to 31st St – Stage 1; Phase II) in the amount of $25,158.85. f. Resolution No. approving Partial Payment No. 3 to Genesis Equities, LLC per Resolution No. 25306 regarding the 2015 Central Corridor Improvements Project (13th to 31st Street – Stage 2; Phase II) in the amount of $255,913.68. g. Resolution No. approving Partial Payment No. 1 to Visu-Sewer, Inc. regarding the 2016 Sanitary Sewer Slip lining Project in the amount of $129,757.65. h. Resolution No. approving Partial Payment No. 1 to Rathje Construction Company, Inc. regarding the 2016 Winslow Road Reconstruction Project in the amount of $90,800.78. i.

Resolution No. approving Partial Payment No. 5 to Eastern Iowa Excavating & Concrete LLC regarding the 35th Street and 29th Avenue MiniRoundabout (CS-TSF-4775(629) - - 85 – 57) in the amount of $2,470.00.

j.

Resolution No. approving Partial Payment No. 1 to Borst Bros. Construction, Inc. regarding the 2016 Sidewalk Assessment Project in the amount of $108,628.09.

2. Resolution No. accepting the 35th Street and 29th Avenue MiniRoundabout. (CS-TSF-4775(629) - - 85 – 57). This project is complete and ready for acceptance as a public improvement.

3. Resolution No.

accepting the 2016 Sanitary Sewer Slip Lining Project.

The slip lining project for this year is finished, and engineering has completed inspection and found it to meet city standards.

4. Resolution No. approving an encroachment agreement with Ken and Karen Swalley (3500 28th Avenue) to allow for the temporary use of the southern 30’ x 83’ of property located at 3501 29th Avenue. This agreement will allow the Swalley’s to use the south 30 feet of this lot.

5. Discussion regarding 29th Avenue and 31st Street STIP Funding Application. The application deadline for the safety transportation improvement program was extended until December of 2016. Council had indicated some interest in looking at the 29th and 31st intersection during the discussion about Indian Creek and 29th. Engineering would like to know if the council will support applying to improve the 29th and 31st intersection.

6. Resolution No. approving a Stop Sign stopping east bound traffic on Adare Pass at its intersection with Alburnett Road. 7. Resolution No. _____ approving a Stop Sign stopping south bound traffic on Adare Pass at its intersection with Tramore Road. 8. Resolution No. approving a Stop Sign stopping south bound traffic on Lennon Lane at its intersection with Tower Terrace Road. 9. Resolution No. approving a Stop Sign stopping north bound traffic on Lennon Lane at its intersection with Gemstone Road. 10. Resolution No. approving a Stop Sign stopping north bound traffic on Citrine Court at its intersection with Gemstone Road. 11. Resolution No. approving a Stop Sign stopping east bound traffic on Vaughn Drive at its intersection with Edgebrooke Drive. 12. Resolution No. approving a Stop Sign stopping west bound traffic on White Oak Drive at its intersection with Edgebrooke Drive.

G.

PLANNING AND DEVELOPMENT (5:05 – 6:05) 1. Motion to approve Project Calendar regarding Planning and Development Department Payments as follows: a. Resolution No. approving Payment No. 11 to Universal Filed Services, Inc., for services related to right-of-way acquisitions for the Central Corridor Improvement Project in the amount of $11,174.41. 2. Motion to receive and file the following items to the Planning and Zoning Commission: a. Conrad Ramsey is requesting an alley vacation of the west 120 feet of the east/west alleys bounded by 7th and 8th Avenues and 11th and 12th Streets, Block 14, Original Town, Marion, Linn County, Iowa. b. Annette Perry (Perry Development Partners) is requesting an alley vacation of the north 130 feet of the north/south alley bounded by 8 th and 9th Street and south of 6th Avenue, Block 26, Original Town in Marion, Linn County, Iowa (Perry Development Partners). These requests will go to the planning commission for review and a recommendation will come back to the council.

3. Public Hearing regarding a request to amend the Future Land Use Map of the Marion Comprehensive Plan for property located at 1100 Meadowview Drive, Marion, Iowa from Neighborhood Commercial to Corridor Commercial and rezone property from C-1 Neighborhood Commercial to C-3 General Commercial (MeierGast). 4. Resolution No. _______ approving a request to amend the Future Land Use Map of the Marion Comprehensive Plan for property located at 1100 Meadowview Drive, Marion, Iowa from Neighborhood Commercial to Corridor Commercial (Meier-Gast). Items 3-6 are related to the relocation of the veterinary practice on the southwest corner of the 15th Street/6th Avenue intersection. The owner has found a building suitable for their needs and would like to move ahead with relocating, but the zoning needs to be changed to allow for this use.

5. Ordinance No. 16- approving a request to rezone property from C-1 Neighborhood Commercial to C-3 General Commercial for property located at 1100 Meadowview Drive, Marion, Iowa (Meier-Gast). First Consideration. 6. Resolution No. approving Purchase Agreement for property located at th 1483-1493 6 Avenue, Marion, Iowa (Meier-Gast). This is the purchase agreement for the lot and building at the current vet clinic site.

7. Resolution No. approving a request for Briargate 6th Addition Preliminary Plat for property located north of Hasting Drive and south of 35th Avenue (Abode Construction). Abode has been developing this property off 44th Street for several years, and this will finish up the northernmost portion of it.

8. Public hearing regarding a request for a partial demolition of the rear portion of the structure located at 1038/1048 7th Avenue within the Uptown Commercial Historic District per Ordinance No 08-16 & 10-02. Items 8 and 9 are in response to a request from Les Arnold, who has purchased the former Bill’s Tap. His plan is to remove the non-historic metal part on the rear of the building as part of his renovation plans. 9. Resolution No. approving a request for a partial demolition of the rear portion of the structure located at 1038/1048 7th Avenue within the Uptown Commercial Historic District per Ordinance No 08-16 & 10-02. See #8 preceding.

10. Resolution No. approving a Purchase Agreement for property located at th 1195 6 Avenue related to the Marion Library Project. (L&M Holdings). The city has had an interesting in purchasing the rest of the properties between city hall and the library for years. Since 2007, the two properties fronting 5 th Avenue and closest to 11th street have been purchased. These have only taken place when the properties are offered for sale rather than being initiated by the city. Both the former ABC Daycare building and the house on the corner of 5 th and 12th are now available, so the city would like to proceed with acquisition.

11. Resolution No. approving Purchase Agreement for property located at 520 12th Street related to the Marion Library Project (Cheri Wheeler). See #10 preceding.

12. Resolution No. approving a Memorandum of Understanding regarding an exchange of property between the City of Marion and GLD Properties, LLC, generally located at 2823 7th Avenue (former Prince Agra Property). This is an agreement setting out the terms of the property exchange between the city and GLD for the 7th Avenue right of way and the former railroad property south of their site.

13. Motion to approve Project Calendar regarding Temporary Construction Easements associated with the 2015 Central Corridor Improvement Project 26th-31st Street as follows: a. Resolution No. approving Temporary Construction Easement with Beaver Point, LLC., (3025 7th Avenue) regarding the 2015 Central Corridor Improvement Project - 26th-31st Street. b. Resolution No. approving Temporary Construction Easement with Hy-Vee, Inc., (2790 7th Avenue) regarding the 2015 Central Corridor Improvement Project - 26th-31st Street. c. Resolution No. approving Temporary Construction Easement with Cedar Rapids REH, LLC., (2840 7th Avenue) regarding the 2015 Central Corridor Improvement Project - 26th-31st Street. These are all construction easements needed to finish the reconstruction of 7 th Avenue between the east roundabout and 31st Street.

14. Motion to approve Project Calendar approving Plats of Survey related to the 2015 Central Corridor Improvement Project 26th-31st Street as follows: a. b. c. d. e.

Resolution No. Resolution No. Resolution No. Resolution No. Resolution No.

approving Plat of Survey No. 2053. approving Plat of Survey No. 2052. approving Plat of Survey No. 2055. approving Plat of Survey No. 2091. approving Plat of Survey No. 2092.

Items A-E are conveyance survey plats for the excess railroad property the city will not need after the 6th Avenue extension is complete. As the properties redevelop, these can be added to adjoining parcels.

15. Resolution No. approving a Purchase Agreement for property located at 3600 Winslow Road, Marion, Iowa, associated with Tower Terrace Road construction (Patters). The Patters own a house that is in the alignment for the future Tower Terrace extension on the east side of Indian Creek. They have found another property they would like to buy, so they are ready to proceed with a sale to the city.

16. Resolution No. authorizing the Mayor to sign an agreement with the Iowa Department of Transportation regarding a Transportation Alternatives Grant for the CeMar Trail project. DOT has several grant programs that can assist with trail construction costs. This grant would help supplement funding for the coming CeMar trail connection between Cedar Rapids and Marion.

17. Discussion regarding the DRAFT Recreational Vehicle Parking Ordinance. Staff is seeking any additional input or feedback from the council regarding the potential changes to regulations affecting outside storage.

H.

ADMINISTRATION/OTHER 1. Discussion and Update regarding Uptown Parking Lease/Purchase. The Manager will update the council regarding progress toward a potential lease/purchase of the property on the southwest corner of 12 th Street and 8th Avenues.

2. Staff Report regarding Airport Tax Exemption. Enclosed is a report providing more detail about the public use exemption that the airport has requested.

3. Update regarding Prospect Meadows. Staff will update the council regarding progress on the Prospect Meadows project.

4. Resolution No. print services.

approving request for proposals regarding managed

Marion currently has contracts with several providers for print device management, maintenance, and supply. This is timed to allow consolidation of the agreements and see if cost savings can be realized by going to a single larger contract.

5. Resolution No. approving final payment to Genesis Equities regarding the APC Emmert relocation project in an amount of $1,500,000.00. The City has an agreement with Genesis to relocate APC Emmert in the same manner that Marion Iron and Klingler Paint were moved to new locations. The building is up and the company has interim occupancy with APC, so the terms of the agreement have been met.

6. Resolution No. approving Partial Payment No. 39 to Martin Gardner Architecture for professional services related to the downtown façade revitalization program in the amount of $1,475.00.

7. Resolution No. approving pay application No. 4 to Renaissance Restoration, Inc. related to the downtown façade revitalization program in the amount of $103,012.56. 8. Resolution No. approving Change Order No. 3 with Renaissance Restoration, Inc. regarding the downtown façade revitalization program in the amount of ($11,712.20). 9. Resolution No. Biechler).

_ authorizing deferred compensation agreement (Michael

The council has authorized the city to allow deferred compensation agreements (outside of the IPERs program) with a couple of providers. These are only funded with employee contributions, so there is not a direct city cost.

10. Motion to receive and file a request the Mayor’s signature of support regarding the MPO dollars and participation of $200,000 as the match to the Tower Terrace Interchange Project (City of Hiawatha). As part of the continued efforts to complete Tower Terrace Road, the affected cities have worked with DOT to see when there may be a window to get the interchange constructed at 380. If all the benefitting cities contribute $200,000, additional funding (up to $4,000,000) can be leveraged through the Corridor Metropolitan Planning Organization in 2021. That matches up with an opportunity to have the interchange put in the DOT 5 year plan for that same year, which would bring in another potential $15 million to get the interchange built. Without the local and CMPO contributions, DOT will not consider the project, so the cities are being asked to consider this commitment.

11. Motion to receive and file correspondence regarding the recommendation to reappoint Dave Baumler, Renae Forsyth-Christy, Bret Niles and Shirley Pantini to the Marion Civil Rights Commission (Steve Moshier, Chair, Marion Civil Rights Commission). I.

Adjourn

PROCLAMATION Whereas: the tradition of celebrating the Constitution was started many years ago by the Daughters of the American Revolution (DAR); and Whereas: in 1955, the Daughters petitioned the congress to set aside September 17-23 annually to be dedicated for the observance of Constitution Week which was later adopted by the United States Congress and signed into Public Law #915 on August 2, 1956 by President Dwight D. Eisenhower; and Whereas: the aims of the celebration are to (1) emphasize citizens’ responsibilities for protecting and defending the Constitution, preserving it for posterity; (2) inform the people that the Constitution is the basis for America’s great heritage and the foundation for our way of life; and (3) encourage the study of the historical events which led to the framing of the Constitution in September 1787; and Whereas: the United States of America functions as a Republic under the constitution, which is the oldest document still in active use that outlines the self-government of a people; and Whereas: today, the Constitution stands as an icon of freedom for people around the world. Now, therefore, I, Nicolas AbouAssaly, Mayor of the City of Marion, Iowa, do hereby proclaim September 17-23, 2016, as

CONSTITUTION WEEK in the City of Marion, Iowa, and encourage all citizens to take time this week to reflect on our heritage of freedom.

IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Marion, Iowa to be affixed this 9th day of September, in the year of Our Lord Two Thousand Sixteen.

________________________________ Nicolas AbouAssaly Mayor

PROCLAMATION Whereas: Linn County Veteran Affairs, in partnership with the Cedar Rapids Metro Area Veterans Council, the Iowa City VA Medical Center, and the Linn County Continuum of Care will hold Linn County’s 11th annual Stand Down for homeless and near-homeless veterans and non-veterans, and; Whereas: Stand Down is a term used in times of war in which exhausted combat units come off the battlefield to rest and recover in a place of safety; and Whereas: According to the U.S. Department of Veteran Affairs, the first Stand Down was organized in 1988 by a group of Vietnam Veterans in San Diego, and; Whereas: Today, Stand Down also refers to a community-based program that provides assists homeless and near-homeless veterans transition to community living by providing access to human service agencies, including benefits counseling (Social Security and Veterans), employment and training assistance, eye exams screenings, health care screenings, housing services, legal assistance, mental health treatment and substance abuse counseling, and; Whereas: Stand Downs have been used as an effective tool in reaching out to homeless veterans, nationally reaching more than 200,000 veterans and their family members. Now, therefore, I, Nicolas AbouAssaly, Mayor of the City of Marion, Iowa, do hereby proclaim September 9, 2016, as the

11TH ANNUAL FIVE SEASONS STAND DOWN DAY and encourage residents to recognize the positive impacts of this event to assist Veterans, and to express gratitude to those who have served and continue to serve.

IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Marion, Iowa to be affixed this 9th day of September, in the year of Our Lord Two Thousand Sixteen.

________________________________ Nicolas AbouAssaly Mayor