Motion to approve Project Calendar related to Planning and Zoning Department payments, as follows:
a.           Resolution No. 19057 approving Payment No. 21 to East Central Iowa Council of Governments for administration of the Housing Rehabilitation Grant Program in the amount of $900.00.
b.           Resolution No. 19058 approving Partial Payment No. 8 to Howard R. Green Company for services related to the 2005 Brownfields Cleanup Grant in the amount of $3,039.58.
c.           Resolution No. 19059 approving the Final Payment to Tallgrass Historians, L.C. for services related to the National Register District Nomination of Terrace Park Neighborhood in the amount of $2,072.83.

Resolution No. 19060 setting public hearing for November 2, 2006 regarding the development agreement with Ideal Window and Door Supply, 4701 10^th Avenue, for Tax Increment Financing (TIF) Incentives.

Resolution No. 19061 authorizing submittal of request to the Iowa Department of Economic Development for an extension for the 2004 Housing Rehabilitation Grant from December 2006 to August 2007.

Motion to receive and file and refer to the Planning and Zoning Commission, as follows:
a.     Old Settler’s First Addition Final Plat located on the east side of Alburnett Road between Boyson Road and Indian Creek (Interstate Power and Light Co.).
b.     Final Site Development Plat Lot 1, Feders Sixth Addition, located at the northeast corner of Munier Road (storage garages) (Gary Holub).
c.     Rezoning request for property located between 49^th Street and 50^th Street on the northerly extension of 49^th Street from R-2, Medium Density Single-Family Residential to R-3, Two-Family Residential (Lance and Karen Dunn).
d.     Rezoning request for property located northeast of Alburnett Road west of Geode Street from A-1, Rural Restricted to R-3, Two-Family Residential (Burger Homes and Development, Inc.).

Motion to approve Project Calendar regarding engineering payments, as follows:
a.     Resolution No. 19062 approving Partial Payment No. 7 to Veenstra & Kimm, Inc. for engineering services regarding the Squaw Creek Basin Flood Map Revisions in the amount of $6,647.58.
b.     Resolution No. 19063 approving Partial Payment No. 1 to Shive-Hattery, Inc. for engineering services regarding the 29^th Avenue Extension Project in the amount of $20,966.17.

Resolution No. 19064 approving contract and bond for the 2006 Sidewalk Repair Project with Eggleston Concrete Contractors.

Resolution No. 19065 adopting final assessment schedule regarding the 2006 Sidewalk Assessment Project and amending, confirming and levying the assessments.

Resolution No. 19066 accepting public improvements for Industrial Center East Second Addition to the City of Marion.

Motion to receive and file and refer to TAC request for stop sign at Quarry Oak Drive at its intersection with Newcastle Road (Karen George, 2160 Timber Creek Drive).

Motion to receive and file request for additional six-month deferment for sidewalk installation (E. Denise Kopp, 2890 Brandon Court).

Resolution No. 19067 approving purchase of traffic paint from the State of Iowa in the amount of $11,666.40.

Motion to receive and file new Part-Time Housing Inspector job description.

Motion to approve the minutes of the October 3 and 5, 2006 City Council meetings.

Motion to approve bills as presented in the amount of $737,944.11.  

Resolution No. 19068 approving renewal application for a Class B Native Wine Permit with additional privilege for Sunday Sales for Marion Square Gardens, Inc. dba Marion Square Gardens.

Resolution No. 19069 approving Partial Payment No. 1 for auditing services to Clifton Gunderson LLP in the amount of $12,275.00.

Motion to receive and file request of $600 for printing of trail guides (Linn County Trails Association).

Motion to receive and file request to purchase used computer (Bob Huffman).

Motion to receive and file request to purchase used server (Marion Chamber of Commerce).

Motion to receive and file requests for FY 07-08 Hotel-Motel Tax funding, as follows:  Entrepreneurial Development Center, Inc., Marion Girls Softball, and Cedar Rapids Area Convention and Visitors Bureau.

Motion to receive and file request for $5,000 in surplus 06-07 Hotel-Motel funds (Cedar Rapids Area Convention and Visitors Bureau).

Motion to receive and file Departmental Monthly Reports for September 2006.

a)    How the need for the proposed activities was identified:
The proposed project is a joint venture between the Kwik-Way, Inc., and the Chinese company Launch Tech Company.  The new company formed will be Launch Kwik-Way, Inc.  The joint venture will allow the production of automobile tire changing equipment to be completed at a much lower cost than currently being completed by Kwik-Way, Inc.  Because of the marketplace, without a reduction in the cost to manufacture the equipment Kwik-way Inc. is going to be forced to eliminate production of the equipment all together.  The project was born out the need to produce the equipment at a lower price and to continue to be competitive in the market place.
b)    How the proposed activities will be funded and source of funds:
Total Cost of the project is $943,800.  The City of Marion will apply for $135,000 in Community Development Block grant Funds from the Iowa Department of Economic Development for the project.  There is an additional $60,000 being requested from the Marion Economic Development Revolving Loan Fund.  The remaining funds will be provided by Kwik-Way, Inc. and Launch Tech Company as a part of their joint venture to create Launch Kwik-Way, Inc.
c)    Date the application will be submitted:
October 2006
d)    Requested amount of CDBG (EDSA) funds:
The City of Marion is requesting $135,000 in EDSA funds for the identified project there is additional $10,000 being requested for administrative services.
e)    Estimated portion of CDBG funds requested that will benefit persons of low and moderate income:
At least 51% of the 36 permanent, full time jobs created or retained by the proposed project will be taken by or made available through first consideration activities to persons from low and moderate-income families.
f)    Where the proposed activities will be conducted:
The project will take place on the property locally know as 500 57^th Street, Marion, Iowa.
g)    Plans to minimize displace of persons and businesses as a result of funded activities:
No displacement of persons or businesses will occur

h)    Plans to assist persons actually displaced; and,
No displacement of persons or businesses will occur.
i)     The nature of the proposed activities.
The Economic Development Set-Aside Program funding will allow the City of Marion to support business expansion in the community.  Specifically, the funding will be used to assist with necessary building remodeling and machinery and equipment up grades.

No other comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Resolution No. 19070 authorizing submittal of Economic Development Set-Aside Application to the State of Iowa (Launch Kwik-Way, Inc., 500 57^th Street) was read by Rehn.  Moved by Rehn, seconded by Wagner to approve Res. No. 19070.  All in favor, motion carried.

Resolution No. 19071 approving Final Plat and Memorandum of Agreement for Kane’s First Addition, located east of Shamrock Wood south of Elderton Drive (Larry Kane) was read by Lammers.  Moved by Lammers, seconded by Pazour to approve Res. No. 19071.  All in favor, motion carried.

Resolution No. 19072 approving the Preliminary Plat of Marion Churches Second Addition, located east of Highway 13, south of Robinwood Lane (Marion Churches Senior Living Foundation) was read by Pazour.  Moved by Pazour, seconded by Lammers to approve Res. No. 19072.  All in favor, motion carried.

Resolution No. 19073 approving the Final Plat and Memorandum of Agreement for Edgebrook Fifth Addition, located west of Beechwood Lane north of Somerbrook Lane (Midwest Development Company) was read by Adamson.  Moved by Adamson, seconded by Wagner to approve Res. No. 19073.  All in favor, motion carried.

Resolution No. 19074 approving the Preliminary Development Plan for Lot 2, Hennessey First Addition, located on the west side of 10^th Street, north of 2650 10^th Street (William and Geraldine Hennessey) was read by Cram.  Moved by Cram, seconded by Pazour to approve Res. No. 19074.  All in favor, motion carried.

Resolution No. 19075 approving the Final Development Plan for Lot 2, Hennessey First Addition located on the west side of 10^th Street, north of 2650 10^th Street (William and Geraldine Hennessey) was read by Wagner.  Moved by Wagner, seconded by Rehn to approve Res. No. 19075.  All in favor, motion carried.

Resolution No. 19076 approving the Final Plat and Memorandum of Agreement for Briargate Second Addition, located north of 29^th Avenue on the northerly extension of 44^th Street (Pheasant Ridge Development, LLC) was read by Rehn.  Moved by Rehn, seconded by Pazour to approve Res. No. 19076.  All in favor except Wagner, motion carried.

Resolution No. 19077 approving the Preliminary Development Plan for Lot 1, Feder’s Sixth Addition (Garden Shed), located at the northeast corner of 35^th Street and Munier Road (Gary Holub) was read by Lammers.  Moved by Lammers, seconded by Pazour to approve Res. No. 19077.  All in favor, motion carried.

Resolution No. 19078 approving the Final Development Plan for Lot 1, Feder’s Sixth Addition (Garden Shed), located at the northeast corner of 35^th Street and Munier Road (Gary Holub) was read by Pazour.  Moved by Pazour, seconded by Lammers to approve Res. No. 19078.  All in favor, motion carried.

Resolution No. 19079 approving contract with Howard R. Green Company to complete work associated with the 2006 EPA Brownfield Assessment Grant (Hazard Substances) in the amount of $193,000 was read by Adamson.  Moved by Adamson, seconded by Wagner to approve Res. No. 19079.  All in favor, motion carried.

Resolution No. 19080 approving contract with Howard R. Green Company to complete work associated with the 2006 EPA Brownfield Assessment Grant (Petroleum) in the amount of $193,000 was read by Cram.  Moved by Cram, seconded by Lammers to approve Res. No. 19080.  All in favor, motion carried.

Ordinance No. 06-29 related to establishing speed limits along Winslow Road from Berry’s Run Bridge to Cakebread Court was read by Rehn for second consideration.  Moved by Rehn, seconded by Wagner to approve the second reading of Ord. No. 06-29.  All in favor, motion carried.

Moved by Pazour, seconded by Lammers to suspend the rules and place Ord. No. 06-29 on the agenda for adoption and to adopt Ord. No. 06-29.  All in favor, motion carried.

Moved by Lammers, seconded by Pazour to approve the Project Calendar regarding the 2006 Sanitary Sewer Slip Lining Project, as follows:
    a.      Motion to retain City Engineer as Project Engineer regarding the 2006 Sanitary Sewer Slip Lining Project.
    b.      Resolution No. 19081 approving Resolution of Necessity regarding the 2006 Sanitary Sewer Slip Lining Project.
    c.      Resolution No. 19082 ordering preparation of detailed plans, specifications, notice of hearing, notice to bidders, form of contract and estimate of cost regarding the 2006 Sanitary Sewer Slip Lining Project.

Moved by Pazour, seconded by Rehn to receive and file report regarding left turn lanes at Highway 151/13 (Kathy Davis, 3925 Brookside Drive).  City Engineer Dan Whitlow presented the staff report.  All in favor, motion carried.

Moved by Adamson, seconded by Pazour to approve request for additional six-month deferment for sidewalk installation (E. Denise Kopp, 2890 Brandon Court).  Moved by Pazour, seconded by Adamson to amend the motion to allow a deferment of the sidewalk installation until May 15, 2007.  All in favor of amendment, motion carried.  All in favor of motion as amended, motion carried.

Ordinance No. 06-23 amending Chapter 23 of the Municipal Code relating to solid waste collection fees was read by Cram for final consideration.  Moved by Cram, seconded by Rehn to approve the third reading of Ord. No. 06-23.  All in favor, motion carried.

Mayor Nieland opened the public hearing amending Code of Ordinances relating to adoption of 2006 edition of the International Construction Codes.  Building Inspection Director Ron Hoover presented the staff report.  No other comments, written or verbal, were received.  Mayor Nieland declared the public hearing closed.

Ordinance No. 06-30 relating to adoption by reference of the International Building Code, 2006 Edition and the International Residential Code, 2006 Edition and providing penalties was read by Wagner for initial consideration.  Moved by Wagner, seconded by Cram to approve the first reading of Ord. No. 06-30.  All in favor, motion carried.

Ordinance No. 06-31 relating to adoption by reference of the International Plumbing Code, 2006 Edition and providing penalties was read by Rehn for initial consideration.  Moved by Rehn, seconded by Pazour to approve the first reading of Ord. No. 06-31.  All in favor, motion carried.

Ordinance No. 06-32 relating to adoption by reference of the International Mechanical Code, 2006 Edition and the Uniform Mechanical Code, 2006 Edition and providing penalties was read by Lammers for initial consideration.  Moved by Lammers, seconded by Pazour to approve the first reading of Ord. No. 06-32.  All in favor, motion carried.

Ordinance No. 06-24 repealing Chapter 67 of the Marion Code of Ordinances pertaining to Ambulances and enacting in lieu thereof a new Chapter 67 and providing penalties was read by Pazour for final consideration.  Moved by Pazour, seconded by Lammers to approve the third reading of Ord. No. 06-24.  All in favor, motion carried.

          Council Member Cram noted that he will not be at the November 2^nd City Council meeting.

Mayor Nieland adjourned the meeting at 7:58 p.m.

____________________________
John B. Nieland, Mayor

Attest:

____________________________
Beth J. Little, Assistant City Clerk