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HomeMy WebLinkAboutMinutes-11/22/2010November 22, 2010 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 22, 2010. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Robert Stringer, Human Resources Director. 135601 - Hart/Schmitt that the deleting p.m., be Agenda, as amended changing amount on item #15; wording on item #16 and item #29, for the Regular Session on Monday, November 22, 2010, at 5:30 accepted and approved. Ayes: Seven. Motion carried. 135602 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, November 15, 2010, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 135603 - Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Schedule AP642, pp. 1-64, dated November 22, 2010, in the amount of $4,815,473.78, 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. 2010-1034. b. Motion to approve the following: 1. 2. 3. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Kent Shankle, Curator Pick up Mothers, Merchants & Mambos exhibition Omaha, Nebraska November 29, 2010 $300.00 Buck Clark, Mayor Cedar Valley Coalition Washington, DC February 26 -March 2, 2011 $1,975.00 Noel Anderson, Community Planning & Development Director Cedar Valley Coalition Washington, DC February 27 -March 1, 2011 $1,975.00 Beer License Permit Application Class B 4. La Michuacana Restaurant, 1221 Franklin Street Sales) Beer License Permit Application Class C 5. Casey's General Store #2867, 2424 Ranchero Sales) 6. Casey's General Store #2866, 51 E. Tower Sunday Sales) Road Park Liquor License Permit Application Class C 7. The Supervisors Club, 3265 Dewitt Road (Renewal) 8. Rumors, 229 E. 4th Street (New) (Includes Sunday 9. Wild Ice Lounge, 120 Sumner Street (New) (6 Month License Expires 05/22/2011) (Renewal) (Includes Sunday (Renewal) (Includes Sunday Drive (Renewal) (Includes (Includes Sunday Sales) Sales) (Includes Sunday Sales) November 22, 2010 Page 2 Liquor License Permit Application Class C 10. Wishbone, 201 W. 18th Street (New) (Includes Sunday Sales) 11. Carlos O'Kelly's Mexican Cafe, 1331 Flammang Drive (Renewal) (Includes Sunday Sales & Catering Privilege) Native Wine License Permit Application Class B 12. Casey's General Store #2867, 2424 Ranchero Road (Renewal) (Includes Sunday Sales) 13. Casey's General Store #2866, 51 E. Tower Park Drive (Renewal) (Includes Sunday Sales) Outdoor Service Area Application 14. Carlos O'Kelly's Mexican Cafe, 1331 Flammang Drive 15. The Supervisors Club, 3265 Dewitt Road Mr. Schmitt asked to remove items B.8 and B.9. Mayor Clark indicated that both items would then be taken care of individually after the other consent items were motioned on. Consent agenda cont. Ayes: Seven. Motion carried. 135604 - Schmitt/Hart 1.b.8 To approve the Class C liquor license permit application for Rumors, 229 E. 4th Street (New) (Includes Sunday Sales.) Pastor Michael Edward Coleman, Antioch Baptist Church at 426 Sumner Street, I rise for both 1b8 and 1b9 in the community. I just think that we are a church that's about 4 blocks down. In the interest to the community I don't believe approving a liquor license is good for developing that community. Especially if its going to be Sunday drinking we are still having programs and different things. We are trying to building into our youth to get them to understand to come together for other different reasons other than maybe just to drink and not particularly about drinking. But just being in this environment in the interest of this community I think is just not a good thing. And I just wanted to stand and come to express those feelings. Ryan Madison, 650 Dawson Street, I wasn't aware of this one but I guess where is 229 East 4th Street? Mayor Clark, its on the southwest corner of 4th and Lafayette. It's right across from the Screaming Eagle. It's had several licenses at that location. Mr. Madison, so that's all I wanted to check because I didn't see that one on the agenda until now. So I just wanted to make sure its not right next door to Wild Ice Lounge. Councilperson Jones, do we have any legal basis to deny either of those? Dan Trelka, Chief of Police, we have not established any just cause for either establishment to deny a license. Initially we did with Wild Ice Lounge but that has since been cleared up and tonight we're pushing forward with the six month license so they can see what kind of track record they establish in the six month period. And after six months then they can apply for their year license. But we have not come up with any just cause to deny. Mayor Clark, either one of them. But we are talking specifically now about Rumors. Mr. Trelka, correct. Councilperson Schmitt, but Rumors is not a 6 month it's a one year? Mr. Trelka, Rumors is a one year, correct. Mayor Clark, keep in mind Rumors reqest. Councilperson Hart, isn't that the building owner getting the license? Councilperson Schmitt, my concern was that neither one of these items were on the agenda meeting on Thursday morning and I don't know anything about them. I don't know who owns them. And given what we have been having going on both downtown and some other areas in the city I'd just like to have a little bit more visible. Because that was one of the reasons I asked to have it addressed. So the owners and the managers have been vetted? November 22, 2010 Page 3 Mr. Trelka, correct they have been vetted and they've gone through out normal vetting process that Sergeant Greenlee initiates and conducts. And then Captain Beckman reviews. And they both have asked the criteria. Mayor Clark, Rumors applicant is the son of the person that owns that building and I can't tell you exactly but it was three to four years ago when that establishment first opened. The person that's applying for the license now had it at that time and as far as I know there were no issues at that time with that license application. Councilperson Jones, I know a lot of us are concerned with having so many liquor stores and establishments in the neighborhood and such but we don't have a legal basis to deny them. So based on that I do support these two even though I think that there are probably too many in the community. But until we can have a legal basis to reduce the number I don't think we can deny them. Ayes: Seven. Motion carried. 135605 - Greenwood/Schmitt 1.b.9 to approve the Class C liquor license permit application for Wild Ice Lounge, 120 Sumner Street (New) (Includes Sunday Sales) (6 Month License Expires 05/22/2011) Randy Soper, 1309 E. Shaulis Road, I am the owner and applicant of the license for Wild Ice. I've been trying to open it for over three months. I've invested quite a bit of money. And I have talked to the police in extent. They have told me that they were going to recommend that I get a license 6 months to give me a try and make sure it was okay. I have told them that I will cooperate in any way with the police department and the city. We could go for a year one but I figured we'd go 6 months at that point if we do a good job we will see you here again. Ryan Madison, 650 Dawson Street, I'm trying to rationalize why we gave this place a license. I've got quite a few questions because from what I'm understanding right that this is a bar not a special restaurant. Is that correct? And that's not a C-3 area correct? And we have an ordinance that states that they have to be 250 feet away from a church, residential area, park, recreational area, or daycare or school. Did we do a survey on that church that's across the street to see how far away it was? So who did the survey? Noel Anderson, Community Planning & Development Director, I am not aware of what information you looked at so I guess I'd like to check on that. The fact that it was a bar previously may grandfather it in from some of the requirements. I'd have to check some more details on that. Mr. Madison, according to the ordinance if it has not been a bar within 6 months it has to follow the new ordinance. Dave Zellhoefer, Assistant City Attorney, I haven't had a chance to look up what you are bringing up right now. We will be happy to look it up. If you could get more specific then we can meet afterwards if you'd like to. Mr. Madison, what I ask is that this be denied tonight for that reason alone. Because we are not on our ballgame. And on top of that I can tell you that that church is less than 150 feet away. The house across the street is less than 200 feet away. Sullivan Park is less than 250 feet away. And this place according to our ordinance shouldn't have a license. So I'm wondering, is this ordinance for Waterloo as a whole or is this just for certain classes or certain areas? Because you guys are not taken care of that ordinance. Because that ordinance is not worth the paper that its written on. And this is disgusting and disrespectful. Mr. Soper, we went through the zoning process. We checked all the applicable laws and we've invested quite a bit of money in this. If it was not zoned correctly we would not have pursued the license. Mr. Anderson, you may recall that we put in a new alcohol ordinance. And of course that had more provisions in it, in the zoning ordinance that we use for the use. I'm at a little bit of a loss here because I don't know the history of when the last bar was there. And the exact distances that he is bringing up. We would have to look those up. I believe it is appropriately zoned but with the new ordinance going into place if there are stricter provisions for distances in protected uses such as a church, such as residence we'd have to check those. But again normal wording in a zoning ordinance which is pretty common throughout the nation is one year for grandfathered uses. So if there was a previous bar there in operation less than a year ago it can continue to bring in a new bar under the same regulations because of the grandfathering is November 22, 2010 Page 4 technically called legal non -conforming status. But I don't know what applies in this one because I was not aware of the request ahead of time to check that. Suzy Schares, City Clerk, I can say that it was sent to Planning & Zoning and we did not get any negative comments back or any issues the we were aware of. Mayor Clark, all of these go to Planning & Zoning to be approved correct? Ms. Schares, correct. Councilperson Schmitt, this building and I think there is another building across the street from this building that over the last decade has been both bars and have been in all kinds of trouble. Which I understand has nothing to do with Mr. Soper but that area has been pretty notorious for having problems. Would that be a correct assessment? Mayor Clark, I think we'd be hesitant to answer that without the numbers. Councilperson Schmitt, regarding the applicant and with all due respect to Mr. Soper but wasn't he declined six months ago? Dan Trelka, Chief of Police, yes he was. He was missing some information on the application. He came in and cleared that up. And that's what brought us to this point today. Councilperson Schmitt, as part of the legal wording we use on approving a license have to do with good moral character for these errors or omissions were would not fall within the bounds of taking a person outside of that definition? Mr. Trelka, we didn't feel that it did at all. He claimed it was an honest error. Councilperson Jones, where does this leave us if its not zoned properly? To approve that it is zoned properly but what if it turns out that it is not? Mayor Clark, I'm going to assume at this point that the Planning & Zoning Department reviewed the application at took those items into consideration that it is zoned properly. I'm strictly under assumption on that and that our Planning & Zoning Department did the job that they were suppose to. Mr. Madison, how could you assume that when he just told us that there was no survey done? Mayor Clark, I know that but that is up to the Planning & Zoning Department to do that. And when a license request comes in we submit that to Planning & Zoning to make sure that there's no issues with it. When it comes back approved I have to assume that they did their job. Mr. Madison, well can we also assume that they didn't? Mayor Clark, I would prefer to assume that they did. Mr. Madison, well I personally as a taxpayer assume that they didn't. Mr. Anderson, is it possible for the council to take whatever action they want to subject to the legality by the zoning status? Mr. Zellhoefer, I suppose you could but it leaves a mess. I would prefer not on a legal standpoint. I think we either have to table it for the next meeting or vote today and let the chips fall wherever they may. Ms. Schares, with a 6 -month license if it wasn't zoned properly would we be able to take action then? Mr. Zellhoefer, that is a very good question and I think it argues both ways. We'd have to do some research on that to see what the precedence is in Iowa law. This is why we don't want to get into situations where we jump into the crevice not knowing what's at the bottom. I think the best thing to do now would be to make sure we dotted all our I's and crossed all our T's and wait for the next meeting. I know Mr. Soper doesn't want to hear that but it beats having to go to court and spend three years litigating. Mr. Anderson, could we table it temporarily? 135606 - Greenwood/Schmitt To table until later in the meeting. Ayes: Seven. Motion carried. November 22, 2010 Page 5 PUBLIC HEARINGS 135607 - Greenwood/Schmitt that proof of publication of notice of public hearing on Purchase of a New Fire Truck, as published in the Waterloo Courier on November 9, 2010, be received and placed on file. Ayes: Seven. Motion carried. 135608 - This being the time and place of public hearing, the Mayor called for written and oral objections. Greenwood/Schmitt that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 135609 - Greenwood/Schmitt that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of a New Fire Truck", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1035. 135610 - Greenwood/Schmitt that "Resolution authorizing to proceed in conjunction with Purchase of a New Fire Truck", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1036. 135611 - Greenwood/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Fire Chief for review: Bidder Bid Bond Bid Amount Marion Body Works, Inc. 211 W. Ramsdell Street Marion, Wisconsin 54950 100 $462,328.00 Pierce Manufacturing Inc. 2600 American Drive PO Box 2017 Appleton, Wisconsin 54912 100 $479,000.00 Ayes: Seven. Motion carried. 135612 - Schmitt/Greenwood that proof of publication of notice of public hearing on Request of Suresh and Rupa Reddy to rezone from "A-1" Agricultural District to "R-4" Multifamily Residence District approximately 7.48 acres generally located south of 6015-6220 Donegal Circle for the purpose of constructing apartments that will serve the students at Hawkeye Community College, as published in the Waterloo Courier on November 11, 2010, be received and placed on file. Ayes: Six. Abstain: One, Mr. Hart Abstained as this involves his employer. Motion carried. 135613 - This being the time and place of public hearing, the Mayor called for written and oral objections. Chuck Augustine, Attorney with Dunakey & Klatt Lawfirm, 531 Commercial Street, I represent Mr. & Mrs. Reddy, the applicants here. They own exactly 22 residential department structures out in Hawkeye Village Apartments. These buildings housed 243 rental units and they provide essential housing for Hawkeye Community College. Presently they are 100 percent occupied. In fact, there is a waiting list for and quite a demand for further units to be built out there. The Reddy's own that parcel of approximately 7.5 acres immediately adjacent into the south of the existing Hawkeye Village Apartments. What they would like to do is have it rezoned because presently they way its zoned now agricultural wouldn't allow an additional building out there but they would like to have an additional buildings placed out there. And build additional rental units to house additional students. They've discussed this matter with officials out at Hawkeye Community College. They are in favor of it, in fact they would like very much for this development to go forward. And we are here today to request that this land be rezoned so that Mr. & Mrs. Reddy may proceed. November 22, 2010 Page 6 Councilperson Welper, it seems that the information that there is a crosswalk on Orange Road. Are you working with the city on this to approve the crosswalk there? Mr. Augustine, the matter was addressed at the Planning & Zoning meeting and I think at the conclusion it was that although there could be some potential concern, benefits greatly outweigh and it was a minor concern in that regard. But certainly Mr. & Mrs. Reddy will make sure that their architects and engineers work with the city. They have a plan that best suits all that are concerned. Councilperson Cole, I spoke with Ms. Greco before the meeting and the city is watching this area very carefully. We are very aware of the pedestrian situation out there. Mayor Clark, so depending on traffic counts and so forth there may be further controls added in the future. Schmitt/Greenwood that the hearing be closed and file recommendation of approval of Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Six. Abstain: one. Mr. Hart Abstained as this involves his employer. Motion carried. 135614 Schmitt/Greenwood that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 409 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 135615 - Schmitt/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 135616 - Schmitt/Greenwood that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 409 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5021. Item 1.b.9 continued.. 135617 - Greenwood/Schmitt To revisit item 1.b.9 to approve the Class C liquor license permit application for Wild Ice Lounge, 120 Sumner Street (New) (Includes Sunday Sales) (6 Month License Expires 05/22/2011) Noel Anderson, Community Planning & Development Director, I am happy to report that we did review it. They did check it as a non -limited alcohol sales use which a bar meets the criteria of. It was previously Club Cream that closed back in June 2010. Which was also a non -limited alcohol sales use or bar. Which does grandfather it in. It is who would normally require a 100 foot actually 50 feet from a protected use the special permit process but since So the zoning is legal. currently zoned C-2 which allows for bars distance to a protected use. This one is so it is closer than normal, not requiring it is grandfathered in it is a legal use. Ryan Madison, 650 Dawson Street, now if I read the ordinance right this is a new establishment so it does not fall under the current ordinance. It was Club Creme which was a different owner and different license. Mayor Clark, it is a new license in an existing building that was previously a bar. Mr. Madison, so you are telling me that as long as the bar. Cause when I read the ordinance it didn't say as long as that area had a license it can follow under or be grandfathered in. It said anything that is a new establishment has to go on the ordinance. This is a new establishment. Mayor Clark, what you probably need to do is come in and check with our City Attorney. November 22, 2010 Page 7 Mr. Madison, but you guys are going to vote on it right now not later. Mayor Clark, well the result from the Planning & Zoning has indicated that this is a legal conforming use building and license application. We took the time to go check that and that is where we are with this one now. Mr. Madison, I don't feel comfortable that you checked it for 10 minutes. If I've been a doctor for 10 minutes your not going to let me perform open heart surgery on you would you? Mayor Clark, any further research that you would like to do with your attorney you are certainly able to do afterwards. Mr. Madison, it won't make a difference if your going to vote on it right now. I would ask you to table it until you guys actually do some checking. Ayes: Four. Nays: Greenwood, Schmitt, Hart. Motion carried. 135618 - Hart/Greenwood that proof of publication of notice of public hearing on Grant Application for $869,950.00 to Iowa Department of Economic Development for Community Development Block Grant Supplemental Funds for the purpose of funding Single Family Unit Production New Construction - Round #3, as published in the Waterloo Courier on November 11, 2010, be received and placed on file. Ayes: Seven. Motion carried. 135619 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Greenwood that the hearing be closed. Ayes: Seven. Motion carried. 135620 - Hart/Greenwood that "Resolution authorizing submission of said application to Iowa Department of Economic Development in conjunction with Grant Application for $869,950.00 to Iowa Department of Economic Development for Community Development Block Grant Supplemental Funds for the purpose of funding Single Family Unit Production New Construction - Round #3", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1037. RESOLUTIONS 135621 - Getty/Schmitt that Change Order No. 3 for a net increase of $2,527.50 for work performed by Peters Construction Corporation of Waterloo, Iowa in conjunction with 2009 Riverfront Stadium Locker Room Renovations - Phase I & II and Mayor authorized to execute said document -Submitted by Rick Curran, Leisure Services Facilities Manager, be received, placed on file and approved. Ayes: Seven. Motion carried. Councilperson Jones, according to our documentation the change order is for $7,261.50 with a net increase of $2,527.50. Michelle Weidner, Chief Financial Officer, of the $7,000.00 about $5,000.00 of that is just construction allowance. It probably would be more clear if we would have mentioned that motion to have that change order be that full $7,000.00 even though the net increase in the actual contract from start to finish was only the $2,000.00 it is mentioned in that motion. But council has previously approved two different change orders they used up portions of the $3,800.00 allowance so it might be more consistent if we go ahead and approve the $7,000.00. Even though the net increase in the entire contract is only $2,000.00. Greenwood/Schmitt To amend the motion so that the total amount of the change order is in the amount of $7,261.50. Ayes: Seven. Motion carried. 135622 - Getty/Schmitt that "Resolution approving Certificate of Substantial Completion to Peters Construction Corporation of Waterloo, Iowa in the amount of $1,125,627.50 in conjunction with 2009 Riverfront Stadium Locker Room Renovations - Phase I & II November 22, 2010 Page 8 and Mayor authorized to execute said document -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1038. 135623 - Getty/Schmitt that Change Order No. 1 for a net increase of $1,973.26 for work performed by Tschiggfrie Excavating Co. of Dubuque, Iowa in conjunction with F.Y. 2010 Rainbow Drive and Letsch Road Force Main, Contract No. 792 and Mayor and City Clerk authorized to execute said document -Submitted by Dennis Gentz, P.E. Assistant City Engineer, be received, placed on file and approved. Ayes: Seven . Motion carried. 135624 - Getty/Schmitt that "Resolution approving Completion of Project and Recommendation of Acceptance total cost Road Force of Work performed by Tschiggfrie Excavating Co. of Dubuque, Iowa at a of $118,038.39 in conjunction with F.Y. 2010 Rainbow Drive and Letsch Main, Contract No. 792, and receive and file two-year maintenance bond -Submitted by Eric Thorson, P.E., City Engineer", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1039. 135625 - Schmitt/Welper that "Resolution approving Professional Services Agreement with AECOM in the amount of $39,500.00 in conjunction with F.Y. 2011 MidPort Boulevard Extension - Phase II, Contract No. 802 and Mayor authorized to execute said document - Submitted by Jeff Bales, Associate Engineer", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1040. 135626 - Schmitt/Welper that "Resolution approving Supplemental Agreement No. 4 with AECOM to remove task 31 water main design in conjunction with F.Y. 2011 U.S. Highway 63 Improvements from Conger/Newell Street to Donald Street, Contract No. 790 and Mayor authorized to execute said document -Submitted by Jeff Bales, Associate Engineer", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1041. 135627 - Schmitt/Welper that "Resolution approving City/State Federal -Aid Agreement for the utilization of Surface Transportation Program funds in the amount of $280,000.00 with a city match of $70,000.00 in conjunction with F.Y. 2010 Downtown Wayfinding Signage, Contract No. 783 and Mayor and City Clerk authorized to execute said document - Submitted by Jeff Bales, Associate Engineer", be adopted. Ayes: Seven. Councilperson Jones, as we have discussed signage is expected to come in for less than what is stated here. Mayor Clark, I think this is the amount. We were talking earlier today that the amount was in the $300,000.00 and it was indicated that it was going to be closer to $280,000.00. So I think this is closer to the reality count. Am I correct? Eric Thorson, City Engineer, this is actually what the grant was that we applied for based on the preliminary estimates. What Mark was saying is based on the design of where we are and it will probably come in cheaper than that but we'd still like to approve the full grant amount just in case. Councilperson Greenwood, so is there a percentage match throughout? There is a grant and then the city would, so I guess there probably is a percentage match. For whatever the grant we spend the city has to put in 20 percent then. Resolution adopted and upon approval by Mayor assigned No. 2010-1042. 135628 - Welper/Greenwood that "Resolution approving Contract for the Disaster Recovery Business Rental Assistance $6,300.00; $5,400.00; Schroeder, Program for My Thai Cuisine at 624 Sycamore Street, in the amount of and Dixie's School of Dance at 800 Jefferson Street, in the amount of and authorize Mayor to execute said documents -Submitted by Aric City Planner", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1043. November 22, 2010 Page 9 135629 - Welper/Greenwood that "Resolution approving Contract for the Disaster Recovery Expanded Business Rental Assistance Program for The Twin Sports Group, Inc. at 850 Park Road, in the amount of $18,513.18; and A&S Petroleum, Inc. at 127 Jefferson Street, in the amount of $125,559.00; and authorize Mayor to execute said documents - Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1044. 135630 - Welper/Greenwood that "Resolution approving Contract & Final Acceptance Amount Modification in the amount of $1,666.14 to cover the cost of seven (7) loop detectors in conjunction with U.S. 218 & 18th/Williston Avenue Traffic Safety Improvements, Contract No. 768, and authorize Mayor to execute said document -Submitted by Sandie Greco, Traffic Operations Superintendent", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1045. 135631 - Greenwood/Schmitt that "Resolution approving recommendation of award of contract in the amount of $134,160.00 to Halvorson Trane Services, Inc. of Clive, Iowa in conjunction with City of Waterloo Smart Controls for City Buildings -Submitted by Debra Anderson, Building Official/Maintenance Administrator", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1046. 135632 - Greenwood/Schmitt that "Resolution approving Contract, Bonds and Certificates of Insurance to Halvorson Trane Services, Inc. of Clive, Iowa in conjunction with City of Waterloo Smart Controls for City Buildings, and authorize Mayor and City Clerk to execute said documents -Submitted by Debra Anderson, Building Official/Maintenance Administrator", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1047. 135633 - Greenwood/Schmitt that "Resolution approving the City of Waterloo Annual Financial Report for the Fiscal Year Ended June 30, 2010, and authorize the publication of the report and submission of the report to the State of Iowa -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1048. 135634 - Greenwood/Schmitt that "Resolution setting date of hearing as December 13, 2010 to approve the issuance of not to exceed $14,000,000.00 in aggregate principal amount of Midwestern Disaster Area Revenue Bonds (New Empire, L.L.C. Project) Series 2010, of City of Waterloo, Iowa -Submitted by Noel Anderson, Community Planning & Development Director and Michelle Weidner, Chief Financial Officer", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1049. 135635 - Hart/Welper that "Resolution approving to certify to the Black Hawk County Auditor expenditure that qualify for reimbursement in the Downtown Waterloo Urban Renewal and Redevelopment Tax Increment District and place the certification on file -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1050. 135636 - Hart/Welper that "Resolution approving to certify to the Black Hawk County Auditor expenditure that qualify for reimbursement in the Cattle Congress Tax Increment District and place the certification on file -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1051. November 22, 2010 Page 10 135637 - Hart/Welper that "Resolution approving to certify to the Black Hawk County Auditor expenditure that qualify for reimbursement in the Logan Avenue Tax Increment District and place the certification on file -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1052. 135638 - Hart/Welper that "Resolution approving to certify to the Black Hawk County Auditor expenditure that qualify for reimbursement in the Martin Road Tax Increment District and place the certification on file -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1053. 135639 - Hart/Welper that "Resolution approving to certify to the Black Hawk County Auditor expenditure that qualify for reimbursement in the MidPort/Airport Tax Increment District and place the certification on file -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1054. 135640 - Hart/Welper that "Resolution approving to certify to the Black Hawk County Auditor expenditure that qualify for reimbursement in the Northeast Industrial Area Tax Increment District and place the certification on file -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1055. 135641 - Hart/Welper that "Resolution approving to certify to the Black Hawk County Auditor expenditure that qualify for reimbursement in the Rath Area Tax Increment District and place the certification on file -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1056. 135642 - Hart/Welper that "Resolution approving to certify to the Black Hawk County Auditor expenditure that qualify for reimbursement in the San Marnan Tax Increment District and place the certification on file -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1057. 135643 - Hart/Greenwood that "Resolution approving City of Waterloo Cafeteria Benefits Plan -Submitted by Suzy Schares, City Clerk", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1058. 135644 - Hart/Greenwood that "Resolution approving cancellation of Monday, December 27, 2010 City Council meeting due to the Christmas Holiday", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1059. 135645 - Hart/Greenwood that Change Order No. 8 to include items A -K listed on the AIA Document G701 for work performed by Cardinal Construction, Inc. of Waterloo, Iowa in conjunction with Fire Station No. 8 and authorize Mayor to sign said document -Submitted by Debra Anderson, Building Official/Maintenance Administrator, be received, placed on file and approved. Ayes: Seven. Motion carried. OTHER COUNCIL BUSINESS 135646 - Schmitt/Greenwood November 22, 2010 Page 11 to instruct Leisure Services Director to prepare plans, bid document, specifications, etc. in conjunction with Percy Danes Baseball Complex Fencing Improvements Diamond #3, be received, placed on file and approved. Ayes: Seven. Motion carried. 135647 - Schmitt/Greenwood that plans, bid document, specifications, etc. in conjunction with Percy Danes Baseball Complex Fencing Improvements Diamond #3, be received and placed on file. Ayes: Seven. Motion carried. 135648 - Schmitt/Greenwood that "Resolution preliminarily approving plans, bid document, specifications, etc. in conjunction with Percy Danes Baseball Complex Fencing Improvements Diamond #3", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1060. 135649 - Schmitt/Greenwood that "Resolution setting date of hearing on plans, bid document, specifications, etc. and taking of bids as December 6, 2010 at 5:30 p.m. in the City Hall Council Chambers on the Percy Danes Baseball Complex Fencing Improvements Diamond #3", be adopted and City Clerk instructed to publish notice of same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1061. 135650 - Cole/Hart to instruct Superintendent of Waste Management Services to prepare plans, specifications, form of contract, etc. in conjunction with Alarm Controller System in 23 Lift Stations, be received, placed on file and approved. Ayes: Seven. Motion carried. 135651 - Cole/Hart that plans, specifications, etc. in conjunction with Alarm Controller System in 23 Lift Stations, be received and placed on file. Ayes: Seven. Motion carried. 135652 - Cole/Hart that "Resolution preliminarily approving plans, specifications, etc. in conjunction with Alarm Controller System in 23 Lift Stations", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1062. 135653 - Cole/Hart that "Resolution setting date of hearing on plans, specifications, etc. and taking of bids as December 20, 2010 at 5:30 p.m. in the City Hall Council Chambers on the Alarm Controller System in 23 Lift Stations", be adopted and City Clerk instructed to publish notice of same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-1063. ORAL PRESENTATIONS None ADJOURNMENT 135651 - Hart/Cole that the Council adjourn at 6:22 p.m. Ayes: Seven. Motion carried. Suzy Schares City Clerk