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HomeMy WebLinkAboutMinutes-11/03/2008November 3, 2008 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, November 3, 2008. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Moment of Silence. Pledge of Allegiance: Dennis Clark, General Manager Waterloo Water Works. 128063 Reggie Schmitt/Welper that the Agenda, as amended, for the Regular Session on Monday, November 3, 2008, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 128064 - Reggie Schmitt/Welper that the Minutes, as proposed, for the Regular Session on Monday, October 27, 2008, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley performed a Swearing-in of the following Firefighters: Matthew Carter, Tyler Elliott, Jeremiah VanDyke. CONSENT AGENDA 128065 - Reggie Schmitt/Steve Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP642, pp. 1-67, dated November 3, 2008, in the amount of $1,713,304.12, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2008-963. 2. Communication from City Engineer transmitting request of Joshua Hubrig for a waiver for a concrete driveway to be located at 4170 North Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2008-964. b. Motion -to approve the following: 1. Communication from Mayor Hurley transmitting recommendation of appointment of Jan Hahn to the Waterloo Board of Library Trustees, with term expiration date of June 30, 2014. c. Beer License Permit Application Class C Hy -Vee Gas, 2221 Logan Avenue (Renewal) (Expires 1/02/10 (Includes Sunday Sales) Casey's General Store, 3035 Logan Avenue (Renewal) (Expires 12/31/09) (Includes Sunday Sales) d. Beer/Liquor License Permit Application Class C Mexikelly, 209 Jefferson Street (Renewal) (Expires 11/22/08) (Includes Sunday Sales) Ayes: Seven. Motion carried. HEARINGS 128066 - Greenwood/Steve Schmitt that proof of publication of notice of public hearing on expansion of the Consolidated Urban Revitalization Area (CURA) to include commercial areas along LaPorte Road/Hwy 218, and along University Avenue/Ansborough Avenue, an area south of Northgate Addition, a part of Section 14 Township 89 Range 13 and the Cedar River, as published in the Waterloo Courier on October 24, 2008, be received and placed on file. Ayes: Seven. Motion carried. November 3, 2008 Page 2 Hearings continued 128067 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Rhonda Deeds, 902 Sheffield Avenue, explained this is part of the Riverview Addition, and she has lived there since 1984. Ms. Deeds thanked staff for the letter regarding the expansion of the Consolidated Urban Revitalization Area (CURA) as they appreciate being involved in the expansion. The residents would like to know if the expansion includes residential, commercial, and light industrial and would they receive tax abatements. Ms. Deeds asked if the tax abatements would be retroactive for any projects started prior to 2008 but not completed at that point in time. Ms. Deeds asked if the city will continue to enforce any code violations within that vicinity. Mayor Hurley responded that the city will continue to enforce code violations. Noel Anderson, Community Planning & Development Director, explained that residential, commercial and industrial development are eligible for the CURA, and these developments will be eligible for either of the tax abatement schedules. Mr. Anderson stated the city will work with the Black Hawk County Assessor regarding projects started prior to the actual enactment of the CURA expansion. Mayor Hurley noted that on tonight's agenda there is an application for tax abatements for a new garage on residential property located in the current CURA. Councilperson Hart stated that he remembers a couple of years ago when the CURA expansion came before Planning & Zoning and some of the questions that were raised during that meeting. Councilperson Hart questioned how much incentives the areas off University Avenue and LaPorte Road actually need to spur development because they are already developed. The actual principles of CURA is deteriorated or deteriorating structures, predominance of building improvements because of age, history, architecture and economic development. And the last one, number five, is related to housing residential development. Looking at some of these criteria, Councilperson Hart asked why the city needed to spur those particular areas that are actually developing. A little bit further down on LaPorte Road, there has been more hotels built within the last five years than probably any one street. Councilperson Hart noted that the intent of the CURA is to work in some of those areas that have been underserved. Councilperson Hart asked if expanded the CURA would saturate the focus and intent of CURA by moving it to various areas of the community when we are making progress in the parts where CURA is now located Mr. Anderson explained that looking at the map at those areas along University Avenue and the area along LaPorte Road which is actually the areas north of Ridgeway Avenue. Both of those areas were discussed during the council work session and discussion with the Planning Commission, and the main point of discussion was that both of these areas are primarily developed commercial areas along major corridors within the City of Waterloo and to the City of Waterloo from other communities. The thought process was we did not want them to become severely deteriorated before we gave some help to them and with the city working to open up some new business parks along the San Marnan area. In the Greenbelt area, there was some concern that the University Avenue corridor would be forgotten for business development and redevelopment of sites as well as the LaPorte area north of Ridgeway Avenue. Both University Avenue and the LaPorte Road corridors have some older development areas within them, and we would like to continue to see redevelopment of those sites. Mr. Anderson noted that the larger area along the former quarry area was included this time because there was some question as to whether it was included in the previous CURA expansion as it was meant to be because in reviewing the legal description it did not appear to be included. The other areas just south of St. Croix and San Mateo, both of which are roads where the subdivisions are not fully completed. It was connected to the south for ease of writing the legal description, and if we do see some residential development along there because there is existing water and sewer in some places that are not fully developed at this point, we could take advantage of that infrastructure further to the south. Mayor Hurley asked during the work sessions and the discussions at Planning & Zoning if there were any commentary along the lines of Councilperson Hart's concern about diluting the growth and the opportunities we've seen along Highway 63 and along the eastside. • • November 3, 2008 Hearings continued Mr. Anderson responded there definitely was some discussion and some concern that we could be diluting the CURA by expanding it too far. At the same time in the existing CURA area, there is not really another similar corridor such as University Avenue that has the major existing commercial. The University Avenue corridor is pretty unique and some of the larger big box stores have left. We are fortunate that some of them such as Hobby Lobby, K -Mart and Hy -Vee have remained to help stabilize and bring forth some of the smaller new developments we have seen such as Dollar General in that corridor. The discussion tilted toward the University Avenue area and the LaPorte area north of Ridgeway. That those were kind of unique areas that were not already covered by the existing CURA. Page 3 Councilperson Hart stated the important comment is existing versus non -existing because of the development that already exists in those particular areas such as K -Mart, Hobby Lobby and the series of hotels that are being built near LaPorte Road or a few blocks away. Councilperson Hart stated he thinks there has been significant progress made over the last couple of years with the help of this council and the mayor's leadership, and he thinks right now might not be the best time to open up the CURA when we have such a wonderful opportunity to continue progress in that particular sector where the CURA already exist. Councilperson Hart stated he does believe that opening it up because there are certain businesses that may look especially for the CURA benefits that it would provide. When we open up the CURA, it could possibly take away the concentration that this council has worked so hard to make sure we have in this particular area. Councilperson Hart stated it doesn't make since to him as LaPorte Road is already developing, we have the casino a half a mile or a mile away from there, that area is developing and expanding right now. Councilperson Greenwood stated that Councilperson Hart does have a point, but he thinks the area is more north of Ridgeway Avenue than south of Ridgeway Avenue. Councilperson Greenwood stated he has a business in an older developed neighborhood, and it really helps businesses stay in that area versus going south or west of town where you can get free land and development agreements. Councilperson Greenwood stated he thinks there are a lot of people who would like to stay in their location because they are established there, and he thinks by extending the CURA it would help the businesses stay in that area. It will also help the residential infill in the expanded area. Councilperson Reggie Schmitt stated its not a dilution of the CURA as CURA is meant. It is an expansion of our city portfolio of improvements because this is across the board, this is residential, commercial and industrial that helps neighborhoods stay developed and current. The CURA is there to help the improvements, and we are increasing our portfolio of areas of improvements or areas to be improved, and he thinks it is right thing to do. Greenwood/Steve Schmitt that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission and oral comments be received and placed on file. Ayes: Seven. Motion carried. 128068 - Greenwood/Steve Schmitt that "Resolution approving said plan", be adopted. Ayes: Six. Nays: Hart. Resolution adopted and upon approval by Mayor assigned No. 2008-965. 128069 - Greenwood/Steve Schmitt that "an Ordinance amending the expansion of the Consolidated Urban Revitalization Area (CURA) to include commercial areas along LaPorte Road/Hwy 218, and along University Avenue/Ansborough Avenue, an area south of Northgate Addition, a part of Section 14 Township 89 Range 13 and the Cedar River", be received, placed on file, considered and passed for the first time. Ayes: Six. Nays: Hart. Motion carried. UNFINISHED BUSINESS 128070 - Hart/Cole that communication from Fire Chief transmitting recommendation to reject all bids and rebid at a later date in conjunction with Regional Training Center Hydrant Loop Project, be received, placed on file and approved. Ayes: Seven. Motion carried. November 3, 2008 Unfinished Business continued 128071 Hart/Cole Page 4 that communication from Fire Chief transmitting recommendation of award of contract in the amount of $74,671.00 to Municipal Emergency Services, Inc. of Reinbeck, Iowa in conjunction with Waterloo Fire Rescue Thermal Imager Project, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-966. 128072 - Hart/Cole that request of Councilperson Hart to reconsider request of Interim Holdings (John Foley) for resolution of support for tax credits with the Iowa Finance Authority for new construction of 30 new single-family homes under the State of Iowa's Rose Program where the homes would be rented for 15 years and then offered for sale to the residents in a new subdivision in the Maywood area along Bishop Avenue, be approved. Ayes: Seven. Motion carried. 128073 - Getty/Cole that communication from Community Planning & Development Director transmitting request of Interim Holdings (John Foley) for resolution of support for tax credits with the Iowa Finance Authority for new construction of 30 new single- family homes under the State of Iowa's Rose Program where the homes would be rented for 15 years and then offered for sale to the residents in a new subdivision in the Maywood area along Bishop Avenue, be received, placed on file and "Resolution approving said request", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Reggie Schmitt commented that four years ago the council, through an ad hock committee, came up with a form to be filled out and a check list for everything to be done for these projects, and he asked if all those items were checked off on this project. Noel Anderson, Community Planning & Development Director, noted that at last week's meeting, he handed out some materials late that showed the subdivision layout and the types of homes that could be built in this area. One of the questions asked last week was if we could approve a resolution of support based on the materials submitted. In particular, Councilperson Hart's question was since these are the types of homes showing, could we make the resolution of support contingent upon the houses as shown. The answer from the Iowa Finance Authority was yes we could do that. Regarding the question about the check list, in looking at the past check list and how we followed those for recognized neighborhood areas, they were suppose to try to meet with the residents about the project. On this particular one, they did not have a meeting with the Maywood Neighborhood Association; however, they did note that the proposed development was previously approved through the platting process of the Planning Commission, which a courtesy letter was sent to the neighborhood for that plat. This particular developer did not meet with the neighborhood, but he is proposing to basically build something that had previously been approved. Councilperson Reggie Schmitt asked if these homes will be identical to the homes built by the Waterloo Housing Authority on Oneida Street. Mr. Anderson responded they would be built similar to those as those styles of home is what they submitted. Mayor Hurley noted the material shows single family ranch with basement, two to three bedroom, 1000 to 800 square feet with attached garages. Councilperson Hart asked regarding the part that says it would be rented for 15 years and then offered for sale is there an option to purchase early within that agreement or do they have to wait to the end of 15 years. Mr. Anderson responded the developer is proposing to pattern after the State of Iowa's Rose program which is an ownership program through Iowa Finance Authority. Mr. Anderson stated it is his understanding that they do have to wait the 15 years; however, $50.00 of their rent each month is put towards their homeownership down payment. The other nice thing about that is someone that is renting one of these units, if they decide to buy a house outside of this subdivision, they can still use the $50.00 per month that they have been putting away to buy a home elsewhere in another subdivision according to the program. If they choose to leave this subdivision and rent somewhere else, the $50.00 per month that they had been putting aside would then go back for the others who are still within the subdivision renting or toward improvements in that subdivision. • • November 3, 2008 Page 5 Unfinished Business continued Councilperson Hart stated that he had heard that it was not true that the $50.00 could be put towards another home purchase. Mr. Anderson stated in the literature and his discussions with Iowa Finance Authority that down payment assistance, the $50.00 per month, would be eligible for another house in the community even it if it was outside the subdivision. Councilperson Hart stated he received a call from the Gaines family today and had them email the City Clerk, and if it got in on time that it would be circulated to all of us, but it must not have gotten here. Councilperson Hart stated the Gaines family wanted council to wait a week so they could talk to the developer. Mayor Hurley noted there is a timeliness in this in terms that the tax credit application process has already opened up. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-967. 128074 - Reggie Schmitt/Cole that request of Councilperson Reggie Schmitt to reconsider Waterloo, Iowa Housing Development Action Plan, as prepared by Endeavor Corp. of Milwaukee, Wisconsin at a total costs of $30,000.00, be approved. Ayes: Seven. Motion carried. 128075 - Reggie Schmitt/Hart that communication from Community Planning & Development Director transmitting Waterloo, Iowa Housing Development Action Plan, as prepared by Endeavor Corp. of Milwaukee, Wisconsin at a total costs of $30,000.00, be received, placed on file and "Resolution approving said request", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Steve Schmitt stated he talked to a couple of city staff and a few other folks about Endeavor. While he appreciates the fact that they were involved with bringing Hy -Vee to the development on Highway 63 north, and the letter regarding Endeavor talks about commercial development, he still thinks $30,000.00 could be spent in a variety of different ways to help with residential development in Waterloo. As he mentioned last week, he talked to some of our local developers, and he thinks the sense was that if we were to get a group of realtors together that a lot of what Endeavor is talking about doing we could do. And then whether or not that $30,000.00 could be used for possibly some tax abatements for some of these developments, which the city has not done before residentially. Councilperson Steve Schmitt stated we have a variety of issues as far as some of the competition with some of the surrounding cities, some of it is perceptional, and that is going to take some time and take some marketing and salesmanship on our part. One of the things that he heard from the realtors and developers that he talked with is that one of the obstacles Waterloo faces is the fact that we have the highest tax rate allowable and some of the surrounding cities do not. Whether or not we could use this $30,000.00 to help in those developments could be one idea. Councilperson Steve Schmitt stated last week Mayor Hurley talked about a group that was put together in 2000 to take a look at this, and he doesn't know what plans they came up with or whatever happened to that report. Mayor Hurley stated the report said we needed 500 per year and then a certain amount in each category. What has happened is we have been building at that pace, but we are getting very little of it. Mayor Hurley noted the $30,000.00 is $15,000.00 from IHAP and $15,000.00 from old bond money. Mayor Hurley asked councilperson Steve Schmitt if he is thinking local developers would do it for nothing or less than that or would he just rather spend the money locally. Councilperson Steve Schmitt stated he would rather spend the money locally. Councilperson Steve Schmitt stated his impression initially was that they would be willing to get together because its going to benefit them too. Because they would prefer to have development and the realtors would prefer to have development and sales opportunities in Waterloo. As we look at some of the things that we are approving tonight, there are variety of developments going on. There is development in a couple of different sections of Waterloo that have kind of perked along, but they are starting to slow down and that has nothing to do with what is going on here locally, that has to do with the economy. November 3, 2008 Page 6 Unfinished Business continued Councilperson Steve Schmitt stated he does not think the timing of this is particularly appropriate given what is going on in the development arena. It just seems to him there are better uses of this $30,000.00 than bringing somebody in from outside of our city to tell us again the three items listed and the purpose of the action plan is identification of residential development opportunities and challenges as he really thinks we know that. We could do the identification of the highest and best feasible development project sites and then recommendation of a market based development plan and preliminary time table for implementation. Councilperson Steve Schmitt stated he thinks we have the expertise locally to be able to do this if we want to ask the folks to get engaged. Councilperson Reggie Schmitt stated he thinks this is a case where the city needs to pre -act because part of what they are going to do for us is try to find developers because that part is not happening today. Councilperson Reggie Schmitt stated the city's Community Development Board and the Waterloo Housing Authority has approved this request for additional affordable housing. Councilperson Reggie Schmitt stated he has a letter from Linda Morgan, Director of the Iowa Habitat for Humanity, supporting Randy Roth and Endeavor for this project, and she is pleading that we continue to work on housing initiatives for low and moderate -income neighborhoods in Waterloo and encourages all council members to support this project. Ms. Morgan goes on to say that the city council and city' Planning Department staff need to consistently address the housing needs of all the citizens of Waterloo. Councilperson Hart stated that if we take a look at the fact that we have just been impacted with our housing market via some of the flooding that has taken place in our community and the fact that we want to make sure that those residents rebuild right here within the city if they chose to do so. Councilperson Hart stated that last week when it came time to look at the four or five proposals that we had, the Interim Holdings, the Whitman and the other proposals, we kind of said as a council what is our priority, what are we going to spend money on, do we send these projects on to Iowa Finance Authority and which order do we do that. Councilperson Hart stated that that a housing plan, and especially with a company that has been as aggressive as Endeavor, helping multiple sides of this community prosper, he thinks it is the right time for us to start acting and to put something in place. This isn't a stone towards anyone, but when we take a look at the fact that we just spent $60,000.00 on a downtown plan which we need and is necessary, $30,000.00 for a housing plan that is going to make sure that we have priorities for housing stock in this community, he thinks its the right time and its a good proposal so he is in favor of this opportunity that we have with Endeavor. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2008-968. DOCUMENTS 128076 - Cole/Reggie Schmitt that communication from Acting Superintendent of Waste Management Services transmitting Completion of Project and Recommendation of Acceptance of Work performed by EBSCO, Inc. of Janesville, Iowa at a total cost of $1,126,443.43 in conjunction with the Odor Control and HVAC Replacement, Contract No. 653, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-969. 128077 - Cole/Reggie Schmitt that communication from Airport Director transmitting Completion of Project and Recommendation of Acceptance of Work performed by KW Electric, Inc. at a total cost of $294,823.75 in conjunction with Replacement of Part 139 Airfield Signage at the Waterloo Regional Airport, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-970. • • November 3, 2008 Documents continued 128078 Cole/Reggie Schmitt Page 7 that communication from Community Planning & Development Director transmitting amendment to Development Agreement with MAKO Waterloo Corporation for the restoration and rehabilitation of the Rath Administration Building at 1515 Sycamore Street to extend completion date to July 1, 2011, be received, placed on file and "Resolution approving said amendment", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Noel Anderson, Community Planning & Development Director stated that 2011 is the final completion date. The reason for the extension is we had hoped to have all the asbestos materials taken out this fall, but because some of its in the roofing materials and the time of year, they will wait until the spring to take out some of the asbestos and the roofing so that its not compromised over the winter months. The developer will still have to begin shortly after our asbestos completion is done in May 2009. This is only about six months later than the original completion date. Councilperson Getty asked if the city's contractor extended his contract as it seems he is taking a long time to get that asbestos out. Mr. Anderson responded where the delay occurred was we had an asbestos report done on the building, but it was over seven years old. At one point in the midst of the agreement we decided to have new asbestos testing done hoping that some of the new testing methods may change some of the report. It did change slightly but it was actually because we decided to go back and retest since it was over seven years old, and that is where the delay occurred. Noel Anderson, Community Planning & Development Director, noted that none of the provisions will change in the development agreement. There may be some change in the legal wording because the building is already built. Some of the wording in the copy of the draft agreement that council has will change, but it won't change the actual incentive package. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-971. 128079 - Cole/Reggie Schmitt that communication from Planner II transmitting request of Jamie Johnson for tax exemptions on improvements totaling $14,500.00 for property located at 722 Colorado Street located in the Consolidated Urban Revitalization Area, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-972. 128080 - Cole/Reggie Schmitt that communication from Community Planning & Development Director transmitting Development Agreement with Magee Properties LC for construction of a 9,000 square foot building at 3400 Wagner, just north of Airline Highway, with new added taxable value of $322,170.00 and tax rebatement at 50 percent for five years, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-973. 128081 - Cole/Reggie Schmitt that communication from Community Planning & Development Director transmitting application with Iowa Department of Economic Development for Brownfields Redevelopment grant in the amount of $250,000.00 for the Chamberlain Manufacturing site, be received, placed on file and "Resolution approving said application", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-974. November 3, 2008 Page 8 Documents continued 128082 Reggie Schmitt/Welper that communication from City Planner transmitting contract for Jumpstart Small Business Assistance Program with Quality Mat Company, Inc., 410 Rath Street, for $50,000.00, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-975. 128083 Reggie Schmitt/Welper that communication from City Planner transmitting contract for Jumpstart Small Business Assistance Program with Pioneer Graphics, Inc., 316 West 5th Street, in the amount of $17,142.25, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-976. 128084 Reggie Schmitt/Welper that communication from City Planner transmitting contract for Jumpstart Small Business Assistance Program with Happy Chef of Waterloo Inc., 218 W. Mullan Avenue, in the amount of $36,832.00, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-977. 128085 Reggie Schmitt/Welper that communication from City Planner transmitting contract for Jumpstart Small Business Assistance Program with KBBT, Inc. DBA Kings and Queens Tap, 304 W. 4th Street, in the amount of $2,625.00, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-978. 128086 Reggie Schmitt/Welper that communication from City Planner transmitting contract for Jumpstart Small Business Assistance Program with American Pattern & CNC Works Inc., 324 Duryea Street, in the amount of $8,750.00, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-979. 128087 Reggie Schmitt/Welper that communication from City Planner transmitting contract for Jumpstart Small Business Assistance Program with JSA Development LLC, 604 Lafayette Street, in the amount of $50,000.00, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Six. Abstain: Cole because the principal of JSA is on the board of directors for the company she works for. Resolution adopted and upon approval by Mayor assigned No. 2008-980. 128088 Reggie Schmitt/Welper that communication from City Planner transmitting contract for Jumpstart Small Business Assistance Program with Impact Marketing Technologies, Inc., 110 Fletcher Avenue, in the amount of $25,000.00, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-981. • • • • November 3, 2008 Page 9 Documents continued 128089 Reggie Schmitt/Welper that communication from City Planner transmitting contract for Jumpstart Small Business Assistance Program with The Russell Lamson, LC, 209 W. Fifth Street, in the amount of $50,000.00, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-982. 128090 Reggie Schmitt/Welper that communication from City Planner transmitting contract for Jumpstart Small Business Assistance Program with Crystal Distribution Services, Inc., 1432 Sycamore Street, in the amount of $50,000.00, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-983. 128091 Reggie Schmitt/Welper that communication from City Planner transmitting contract for Jumpstart Small Business Assistance Program with Blue River Bar, 315 W. 4th Street, in the amount of $12,500.00, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-984. 128092 Reggie Schmitt/Welper that communication from City Planner transmitting contract for Jumpstart Small Business Assistance Program with Cedar Valley Fish Market, Inc., 218 Division Street, in the amount of $15,480.00, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-985. 128093 Reggie Schmitt/Welper that communication from City Planner transmitting contract for Jumpstart Small Business Assistance Program with City & National Employment, 221 E. 4th Street, in the amount of $50,000.00, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-986. ORDINANCES TO BE ADOPTED 128094 - Getty/Hart that "an Ordinance amending the 2007 Waterloo Code of Ordinances by adding new section pertaining to Waste Hauler", be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4927. 128095 - Getty/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 399 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time (request by CommonBond Communities to rezone from "R-2" One and Two Family Residence District to "R -3,R -P" Planned Multiple Residence District property generally located on the block bounded by Ash Street, Mobile Street, Newell Street and Webster Street to allow for the development of 40 townhouse units and a community building). Ayes: Seven. Motion carried. 128096 - Getty/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. November 3, 2008 Page 10 Ordinances to be Adopted continued 128097 - Getty/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 399 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted, (request by CommonBond Communities to rezone from "R-2" One and Two Family Residence District to "R -3,R -P" Planned Multiple Residence District property generally located on the block bounded by Ash Street, Mobile Street, Newell Street and Webster Street to allow for the development of 40 townhouse units and a community building). Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4928. NEW BUSINESS 128098 - Steve Schmitt/Greenwood that General Manager of Waterloo Water Works transmitting request to certify the amount of $3,199.00 for work performed by the Water Works at 400 Gable Street, together with recommendation of approval of Board of Trustees of Waterloo Water Works, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-987. 128099 Steve Schmitt/Greenwood that General Manager of Waterloo Water Works transmitting request to certify the amount of $1,081.59 for work performed by the Water Works at 1008 Ann Street, together with recommendation of approval of Board of Trustees of Waterloo Water Works, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-988. 128100 - Steve Schmitt/Greenwood that General Manager of Waterloo Water Works transmitting request to certify the amount of $177.68 for work performed by the Water Works at 319 Oaklawn, together with recommendation of approval of Board of Trustees of Waterloo Water Works, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-989. 128101 - Steve Schmitt/Greenwood that General Manager of Waterloo Water Works transmitting request to certify the amount of $210.31 for work performed by the Water Works at 1137 Scott Avenue, together with recommendation of approval of Board of Trustees of Waterloo Water Works, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-990. 128102 Welper/Steve Schmitt to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2008 W.S.A. Restroom Project, be received, placed on file and approved. Ayes: Seven. Motion carried. 128103 - Welper/Steve Schmitt that plans, specifications, form of contract, etc. in conjunction with 2008 W.S.A. Restroom Project, be received and placed on file. Ayes: Seven. Motion carried. • • • • November 3, 2008 Page 11 New Business continued 128104 - Welper/Steve Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-991. 128105 - Welper/Steve Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as November 17, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-992. ADJOURNMENT 128106 - Getty/Reggie Schmitt that the Council adjourn at 6:26 p.m. Ayes: Seven. Motion carried. Nancy Eckert, CMC City Clerk