Moved by Lammers, seconded by Pazour to direct the Finance Director to accrue interest related to Police Canine Unit within that account.  All in favor, motion carried.

Moved by Wagner, seconded by Rehn to approve the consent calendar as follows:

Resolution No. 18789 approving vacation of 20’ drainage easement at 1710 Winslow Court.  (Raymond and Lorna Richards)

Resolution No. 18790 setting public hearing for June 1, 2006 regarding a proposed amendment to the Future Land Use Map of the Marion Comprehensive Plan to change the designation for property located south of Tower Terrace Road west of 35^th Street in Marion, Linn County, Iowa, from Office/ High-Intensity Mixed Use to Urban Residential.  (Morris Wood, LLC)

Resolution No. 18791 setting a public hearing for June 1, 2006 regarding a request to rezone property located south of Tower Terrace Road west of 35^th Street in Marion, Linn County, Iowa, from A-1, Rural Restricted to R-2, Medium Density Single-Family Residential, R-4, Four-Family Residential and PD-C, Planned Development-Commercial.  Vaughn Farm Co./Hertz Farm Management, Inc. and Morris Wood, LLC (Jon Morris)

Motion to approve Project Calendar regarding Planning and Development payments, as follows:
a.           Resolution No. 18792 approving Partial Payment No. 17 to East Central Iowa Council of Government for administration of Housing Rehabilitation Grant Program in the amount of $2,835.00.
b.           Resolution No. 18793 approving Partial Payment No. 1 to R.J. Construction related to Housing Rehabilitation Grant Program – Project No. 7 in the amount of $15,072.00.
c.           Resolution No. 18794 approving Final Payment to R.J. Construction related to Housing Rehabilitation Grant Program – Project No. 7 in the amount of $15,493.00.
d.           Resolution No. 18795 approving Final Payment to R.J. Construction related to Housing Rehabilitation Grant Program – Project No. 8 in the amount of $14,139.00.
e.           Resolution No. 18796 approving Partial Payment No. 2 to Heskje Painting related to Housing Rehabilitation Grant Program – Project No. 9 in the amount of $20,551.00.
f.            Resolution No. 18797 approving Partial Payment No. 3 for relocation assistance related to the Housing Rehabilitation Grant Program - Project No. 9 in the amount of $700.00.
g.           Resolution No. 18798 approving Partial Payment No. 2 to Linn County Public Health Department related to the Housing Rehabilitation Grant Program – Project No. 8 in the amount of $130.00.

Motion to receive and file request for deferral of sidewalks along the east side of Lucore Road adjacent to Camden Farms 3^rd Addition.  (Mooney Engle Land Company, L.L.C.)

Motion to receive and file request to encroachment into city right-of-way related to a retaining wall at 535 8^th Avenue.  (Donald W. Tomanka, Jr.)

Motion to receive and file Hunter’s Field First Addition Final Plat, located west of Winslow Road, south of Huntington Hills Drive.  (Fritz Development, LLC)

Motion to receive and file request to vacate storm sewer and drainage easement related to Squaw Creek Meadows Second Addition.  (Platinum Development, LLC)

Resolution No. 18799 approving Partial Payment No. 7 to Anderson-Bogert Engineers, Inc. for engineering services regarding the U.S. 151/Iowa 13 and Iowa 100 Intersection Improvement Project in the amount of $721.35.

Motion to receive and file job description for Assistant Street Maintenance Supervisor.

Motion to approve salary schedule for Assistant Street Maintenance Supervisor position, as follows:  FY 05-06 – Minimum – 38,670; Target Point – 45,494; Maximum – 54,593; FY 06-07 – Minimum – 39,830; Target Point – 46,859; Maximum – 56,231.

Motion to approve the minutes of the May 2 and 4, 2006 City Council meetings.

Motion to approve bills as presented in the amount of $1,082,960.36. 

Resolution No. 18800 approving renewal application for a Class B Beer permit with additional privilege for Sunday Sales for Vange, Inc. dba The Pizza Ranch.

Motion authorizing sale of City property at public auction on May 25, 2006.

Resolution No. 18801 awarding contract to Per Mar Security Services for fire/security system installation and monitoring related to 2005 City Hall Project in the amount of $1,257.00.

Motion to approve Project Calendar regarding requests related to Waiver of Noise Ordinance/Hold Harmless Agreements, as follows:
a.           Motion to approve Waiver of Noise Ordinance/Hold Harmless Agreement related to Car Show at Thomas Park on June 4, 2006 – 8:00 a.m. – 5:00 p.m.  (Hawkeye Area Classic Chevy Club)
b.           Motion to approve Waiver of Noise Ordinance/Hold Harmless Agreement related to Cycle for the Cure Bike Tour through the city, Butterfield Park and Carlos O’Kelly’s on June 12, 2006 – 6:00 a.m. – 3:00 p.m.  (Jan Carmer, Chairman)
c.           Motion to approve Waiver of Noise Ordinance/Hold Harmless Agreement related to American Legion State Convention Parade on July 15, 2006 4:00 p.m. – 10:00 p.m.  (American Legion Post 298)
d.           Motion regarding Hold Harmless Agreement for Sanctuary Antique Center, to allow outdoor seating on city right-of-way adjacent to 1120 7^th Avenue subject to the following conditions:  (1) not more than two tables and four chairs; (2) tables and chairs must be taken inside each night; (3) tables and chairs to be located between curb and main sidewalk (to line up with tree grates and planters); (4) if problems arise, the City Council may rescind the approval.

Motion to receive and file correspondence related to Wastewater Treatment Plant.  (Leroy Willey, 215 Midway Drive, Marion)

Motion to receive and file correspondence regarding library.  (Jeorgie Smith, 2184 Douglas Drive)

Motion to receive and file Departmental Monthly Reports for April, 2006.

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

Moved by Rehn, seconded by Pazour to receive and file correspondence related to development agreement.  All in favor, motion carried.

Mayor Nieland opened the public hearing related to the 2006 Business Highway 151 HMA Resurfacing Project.  No comments, written or verbal were received.  Mayor Nieland declared the public hearing closed.

Resolution No. 18802 accepting bids and awarding a contract to L.L. Pelling Co., Inc. for the 2006 Business Highway 151 HMA Resurfacing Project in the amount of $247,742.34 was read by Lammers.  Moved by Lammers, seconded by Pazour to approve Res. No. 18802.  All in favor, motion carried.

Resolution No. 18803 approving purchase of new controller and video detection system for 44^th Street/Business Highway 151 intersection from Traffic and Transportation Products, Ltd., Port Byron, Illinois in the amount of $21,722 was read by Pazour.  Moved by Pazour, seconded by Rehn to approve Res. No. 18803.  All in favor, motion carried.

Moved by Cram, seconded by Rehn to direct staff to notify residents regarding establishing no parking on the west end of Huntington Hills Drive and south end of Elderton Drive.  All in favor, motion carried.

Moved by Wagner, seconded by Pazour to approve Project Calendar regarding purchase of solid waste equipment, as follows:
a.        Resolution No. 18804 approving purchase of 2006 Freightliner M-2 chassis from Truck Country of Cedar Rapids in the amount of $46,922.00.
b.        Resolution No. 18805 approving purchase of packer from Elliott Equipment Co. of Bettendorf in the amount of $37,941.00.
c.        Resolution No. 18806 approving purchase of 2006 Freightliner M-2 chassis from LaBrie, Inc. of Quebec, Canada in the amount of $62,770.00.
d.        Resolution No. 18807 approving purchase of packer for replacement of solid waste truck from Elliott Equipment Co. of Bettendorf in the amount of $63,417.00 – after trade-in.
All in favor, motion carried. 

Mayor Nieland opened the public hearing on the FY 05-06 budget amendment. Finance Director Wes Nelson briefed Council on the need for the amendment.  No other comments, written or verbal were received.  Mayor Nieland declared the public hearing closed.

Resolution No. 18808 approving the FY 05-06 budget amendment was read by Rehn. Moved by Rehn, seconded by Wagner to approve Res. No. 18808.  All in favor, motion carried.

Ordinance No. 06-10 relating to the possession of alcoholic liquor, wine, or beer by minors and providing penalties was read by Pazour for final consideration.  Moved by Pazour, seconded by Wagner to approve Ord. 06-10 for final consideration.  All in favor, motion carried.

Ordinance No. 06-13 amending Code of Ordinances related to Section 129.04 – surveillance camera tapes was read by Cram for the initial consideration.  Moved by Cram, seconded by Rehn to approve Ord. 06-13 for the initial consideration. All in favor, motion carried.

Resolution No. 18809 approving an easement to Alliant Energy; a supplemental agreement and an offer and acceptance related to property adjacent to the easement property was read by Wagner.  Moved by Wagner, seconded by Cram to approve Res. No. 18809.  All in favor, motion carried.

Moved by Rehn, seconded by Pazour directing deposit of Alliant Energy easement payment into Park Development Fund.  All in favor, motion carried.

Moved by Lammers, seconded by Pazour to receive and file request regarding acquisition of property south of Legion Park.  All in favor, motion carried. 

Moved by Pazour, seconded by Rehn to direct staff to proceed with negotiations regarding acquisition of property south of Legion Park.  All in favor, motion carried.

Resolution No. 18810 approving agreement with Ascension Lutheran Church regarding improvement to parking lot adjacent to Ascension Park was read by Cram.  Moved by Cram, seconded by Pazour to approve Res. No. 18810.  All in favor, motion carried.

Resolution No. 18811 approving Change Order No. 1 to D & N Fence Company related to Lowe Park Fence Project in the amount of $8,380.00 was read by Wagner.  Moved by Wagner, seconded by Cram to approve Res. No. 18811.  All in favor, motion carried.

Ordinance No. 06-11 amending Chapter 131 of the Code of Ordinances – Amusement Licenses relating to Astrologers was read by Rehn for final consideration. Moved by Rehn, seconded by Pazour to approve Ord. No. 06-11 for final consideration.  All in favor except Cram, motion carried

Ordinance No. 06-12 repealing Chapter 132 of the Code of Ordinances and enacting a new Chapter in lieu thereof providing regulations for taxicabs and limousines in the City of Marion and penalties for the violation thereof was read by Lammers for final consideration.  Moved by Lammers, seconded by Pazour to approve Ord. No. 06-12 for final consideration.  All in favor, motion carried.

Resolution No. 18812 approving renewal of FY 06-07 workers compensation coverage with Iowa Municipal Workers Compensation Association in the amount of $95,823.00 was read by Pazour.  Moved by Pazour, seconded by Lammers to approve Res. No. 18812.  All in favor, motion carried.

Council Discussion Time.
                  City Manager Jeff Schott reminded council that they will be unveiling the park signs and the Art in the Pots tomorrow.

Mayor Nieland adjourned the meeting at 7:26 p.m.

_____________________________ 
John B. Nieland, Mayor

Attest:

______________________________ 
Wesley A. Nelson, City Clerk