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HomeMy WebLinkAboutMinutes-11/23/2009• • November 23, 2009 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 23, 2009. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Absent: Hart. Moment of Silence. Pledge of Allegiance: Mark Rice, Superintendent of Central Garage. 130251 - Reggie Schmitt/Steve Schmitt that the Agenda, as 2009, at 5:30 p.m., Motion carried. 130252 - Reggie Schmitt/Steve that the Minutes, as 2009, at 5:30 p.m., Motion carried. amended, for the Regular Session be accepted and approved. Ayes: Schmitt on Monday, November 23, Six. Absent: Hart. proposed, for the Regular Session on Monday, November 16, be accepted and approved. Ayes: Six. Absent: Hart. Mayor Hurley recognized Timothy Pillack for 30 Years of Service. CONSENT AGENDA 130253 - 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. 1-60, dated November 23, 2009, in the amount of $5,109,618.68, 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. 2009-1144. b. Motion to approve the following: 1. Cammie Scully, Director; Kent Shankle, Curator, to tour collections, visit artists and purchase for the Mexican folk art collection in Mexico on January 30 -February 14, 2010, with costs not to exceed $5,600.00. 2. Communication from Mayor Tim Hurley transmitting recommendation of reappointment of Craig Caslavka to the Waterloo Water Works Board, with term expiration date of January 12, 2016. 3. Communication from Deputy City Clerk transmitting request of Richard Warhol for an exception to burning yard waste to burn approximately 1,500 sq. ft. of prairie grass located to the rear of the lot at 2151 Grand Boulevard in mid-November to December, with recommendation of approval of Fire Chief. c. Beer License Permit Application Class B La Michuacana Restaurant, 1221 Franklin Street (Renewal) (Expires 11/12/10) (Includes Sunday Sales) d. Beer License Permit Application Class C One Stop, 2100 Lafayette Street (New Owner) (Expires 10/07/10) (Includes Sunday Sales) November 23, 2009 Page 2 Consent Agenda continued e. Liquor License Permit Application Class C Club 2000, 2000 Hawthorne Avenue (Renewal) (Expires 06/06/10) Club Xclusive, 1607 Sycamore Street (New Owner) (Expires 11/25/10) (Includes Sunday Sales) Trucker Bar, 1915 Bourland Avenue (Renewal) (Expires 12/12/10) (Includes Sunday Sales) Joan's 9'er, 929 Sales) Spicoli's, 3555 Sunday Sales) The Winning Edge, Sunday Sales) W. 5th Street (Renewal) (Expires 11/30/10) (Includes Sunday University Avenue (Renewal) (Expires 12/11/10) 341 Fletcher Avenue (Includes (Renewal) (Expires 12/02/10) (Includes f. Wine License Permit Application Class B Prime Mart 1008 LaPorte Road (New) (Expires 11/22/10) g. Outdoor Service Area Application Joan's 9'er, 929 W. 5th Street Spicoli's, 3555 University Avenue h. Cigarette/Tobacco Permit Application Harris One Stop, 220 West Parker Street One Stop, 2100 Lafayette Street Ayes: Six. Absent: Hart. Motion carried. HEARINGS & BIDS 130254 - Steve Schmitt/Welper that proof of publication of notice of public Avenue Flood Gate Repairs, Contract No. 753, 'Courier on November 13, 2009, be received and Absent: Hart. Motion carried. hearing on F.Y. as published in placed on file. 2010 Fletcher the Waterloo Ayes: Six. 130255 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Steve Schmitt/Welper that the hearing be closed. Ayes: Six. Absent: Hart. Motion carried. 130256 - Steve Schmitt/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2010 Fletcher Avenue Flood Gate Repairs, Contract No. 753", be adopted. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1145. 130257 - Steve Schmitt/Welper that "Resolution ordering construction adopted. Ayes: Six. Absent: Hart. in conjunction with above project", be Resolution adopted and upon approval by Mayor 130258 - Steve Schmitt/Welper assigned No. 2009-1146. to receive, file and instruct Deputy City Clerk to open and read bids and refer to City Engineer for review: Bidder Carl A. Nelson, Burlington, IA P.C.I., Reinbeck, IA Magee Construction, Cedar Falls, IA Ayes: Six. Absent: Hart. Motion carried. Bid Bond 5% 5% 5% Bid Amount $87,000.00 $134,000.00 $55,985.00 • • November 23, 2009 Page 3 Hearings & Bids continued 130259 - Greenwood/Steve Schmitt that proof of publication of notice of public hearing on Five Sullivan Brothers Convention Center Kitchen Equipment Upgrade, as published in the Waterloo Courier on November 13, 2009, be received and placed on file. Ayes: Six. Absent: Hart. Motion carried. 130260 - This being the time and place of public hearing, the Mayor called for written and oral objections. Louis Cutwright, Building Official/Maintenance Administrator, stated that the figures that are in the document Council currently has is the adjusted price excluding coolers that were going to be purchased. The original letter that was sent out had a total price going to Edward Don & Co. of $29,167.00. The new price stated in the current letter is $25,327.22. Mr. Cutwright stated that was less the beer coolers. Greenwood/Steve Schmitt that the hearing be closed and oral comments be received and placed on file. Ayes: Six. Absent: Hart. Motion carried. 130261 - Greenwood/Steve Schmitt that "Resolution approving recommendation of Building Official/Maintenance Administrator to award bids in the amount of $8,741.55 to Wilson Restaurant Supply of Waterloo, Iowa and $25,327.22 to Edward Don & Co. of Riverside, Illinois in conjunction with Five Sullivan Brothers Convention Center Kitchen Equipment Upgrade", be adopted. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1147. HEARINGS 130262 - Reggie Schmitt/Welper that proof of publication of notice of public hearing on request of Iowa Heartland Habitat for Humanity to sell property located at 201 and 205 Independence Avenue for the purpose of constructing one home for $2,210.00, as published in the Waterloo Courier on November 19, 2009, be received and placed on file. Ayes: Six. Absent: Hart. Motion carried. 130263 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Councilperson Welper stated that council received a letter today for recommendation of only one home to be constructed. Noel Anderson, Community Planning & Development Director, stated this is a letter that confirms the style of homes that will be constructed. Mr. Anderson stated that it was provided by Iowa Heartland Habitat for Humanity to show the style and the footprint of the homes that they will be building on the site. Mr. Anderson stated that this is just additional information for the council. Mr. Anderson stated that they do meet the sale of property policy and are buying it for the assessed value. Mr. Anderson stated that the reasoning is that they usually work to find an actual buyer/homeowner to be in the house before they build them so they are not built on spec. Mr. Anderson stated that is why they wanted to buy them for the assessed value so they were not tied into the two-year development agreement timeframe. Mr. Anderson stated that they wanted to show good faith and show that they are planning to put a nice house on the lot. Councilperson Reggie Schmitt stated that he was unclear as to how many homes were to be built. Mr. Anderson stated that they are proposing to build one house on the two lots. Reggie Schmitt/Welper that the hearing be closed. Ayes: Six. Absent: Hart. Motion carried. 130264 - Reggie Schmitt/Welper that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1148. November 23, 2009 Page 4 Hearings continued 130265 - Welper/Reggie Schmitt that proof of publication of notice of public hearing on the vacation of a portion of excess right-of-way generally located at the southeast corner of Greenhill Road and University Avenue for the purpose of future commercial development, as published in the Waterloo Courier on November 19, 2009, be received and placed on file. Ayes: Six. Absent: Hart. Motion carried. 130266 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Reggie Schmitt that the hearing be closed. Ayes: Six. Absent: Hart. Motion carried. 130267 - Welper/Reggie Schmitt that "an Ordinance vacating a portion of excess right-of-way generally located at the southeast corner of Greenhill Road and University Avenue", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Hart. Motion carried. 130268 - Welper/Reggie Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Hart. Motion carried. 130269 - Welper/Reggie Schmitt that "an Ordinance vacating a portion of excess right-of-way generally located at the southeast corner of Greenhill Road and University Avenue", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Hart. Ordinance adopted and upon approval by Mayor assigned No. 4975. REPORTS 130270 - Cole/Reggie Schmitt that communication from Deputy City Clerk transmitting Abstract of Votes for the November 3, 2009 Municipal Election, be received and placed on file. Ayes: Six. Absent: Hart. Motion carried. 130271 - Cole/Reggie Schmitt that communication from Chief Financial Officer transmitting City of Waterloo Annual Financial Report for Fiscal Year Ended June 30, 2009 to be filed with the Auditor of State, be received and placed on file. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty asked what using a modified cash basis of accounting was. Michelle Weidner, Chief Financial Officer, responded that is just how we maintain things on the AS400. Ms. Weidner stated that we don't get many payables into the system because bills are paid as soon as they are received. Ms. Weidner stated that is why you don't see them reflected on these and that is why she prefers to wait until we have the audited financials to really discuss our financial position. Mayor Hurley stated that when we do get to the audited financials that would be the accrual. Ms. Weidner stated that is correct. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Hart. Motion carried. DOCUMENTS 130272 - Cole/Reggie Schmitt that communication from Contracts and Grants Coordinator transmitting Change Order No. 1 for a net increase in the amount of $2,065.00 for a total contract amount of $51,867.00 for work to be performed by Kayser Plumbing & Heating of Waterloo, Iowa in conjunction with General Obligation Bond Demolition Project, Contract No. 163 -D -GO -07-20-09, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Hart. Motion carried. • • November 23, 2009 Page 5 Documents continued 130273 - Cole/Reggie Schmitt that communication from Associate Engineer transmitting net decrease in the amount of $8,400.10 for work to Builders and Supply of Waterloo, Iowa in conjunction Repair Block Grant Program - Zone 9, Contract No. 766, file and approved and Mayor and Deputy City Clerk aut Ayes: Six. Absent: Hart. Motion carried. 130274 - Cole/Reggie Schmitt Change Order No. 1 for a be performed by B & B with F.Y. 2010 Sidewalk be received, placed on horized to execute same. that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by B & B Builders and Supply of Waterloo, Iowa at a total cost of $24,375.05 for the F.Y. 2010 Sidewalk Repair Block Grant Program - Zone 9, Contract No. 766, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond be received and placed on file. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1149. 130275 - Getty/Cole that communication from Community Planning & Development Director transmitting agreement with Iowa Department of Economic Development for a Community Development Block Grant (CDBG) Disaster Recovery Infrastructure contract in the amount of $3,941,250.00 for the design and construction of storm water lift stations, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood asked with the lift station that was just built on Commercial if that would be the solution. Mayor Hurley stated that it is pure mitigation and he wanted to thank the Governor, those that reviewed our applications and everyone in-house that dealt with these. Mayor Hurley stated that the city received every penny that was asked for. He stated it was over $10 million dollars directed toward the design and construction of residential area and industrial area lift stations. Mayor Hurley stated that the city is still looking for $7 million more and feel pretty good that it would complete the industrial. Mayor Hurley noted that the lift stations along with a lot of other things put in place and learned will continue developing with watershed management and will greatly avert the damage we had in 2008 if we ever see that kind of water again. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1150. 130276 - Getty/Cole that communication from Community Planning & Development Director transmitting agreement with Iowa Department of Economic Development for a Community Development Block Grant (CDBG) Disaster Recovery Infrastructure contract in the amount of $6,310,000.00 for the design and construction of storm water lift stations, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1151. 130277 - Getty/Cole that communication from Community Planning & Development Director transmitting agreement with Iowa Department of Economic Development for a Community Development Block Grant (CDBG) Disaster Recovery HUD Buyout contract in the amount of $261,180.00 for the buyout of residential sites in the 100 -year floodplain that were not eligible for the FEMA buyout, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. November 23, 2009 Page 6 Documents continued Prior to a vote on the above motion, the following comments were heard. Noel Anderson, Community Planning & Development Director, stated that essentially this was a supplemental buyout program with the State of Iowa for properties that were not, for some reason or another, eligible for the normal FEMA buyout. Mr. Anderson stated that the City of Waterloo submitted 17 properties, which were believed to be flood damaged in some way. Mr. Anderson stated that the State at this point has gone through their first round and awarded about $1.5 million from a pot of money for just over $5 million. Mr. Anderson stated that residential properties were prioritized and the 100 -year flood plain. Mr. Anderson noted that this particular amount of money that the City of Waterloo is receiving is in regards to 4 properties that are in the 100 - year flood plain that were residentially classified. Mr. Anderson noted that the properties are as listed: 233 North Hackett, the Litzkow property on Black Hawk Road, the other two are empty San Souci Drive parcels. Mr. Anderson stated that we will continue to move forward on these. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1152. 130278 - Greenwood/Steve Schmitt that communication from Community Planning & Development Director transmitting application with the U.S. Census Bureau for funds in the amount of $2,499.00, with no required city match, to be used for participation in the Census Partnership Support Program (PSP), be received, placed on file and "Resolution approving said application", be adopted. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1153. 130279 - Greenwood/Steve Schmitt that communication from Leisure Services Sports Manager transmitting application with Waterloo Convention and Visitors Bureau for grant in the amount of $10,000.00, with no required city match, to be used for lighting of the West Exchange Diamond within the Cedar Valley Youth Sports Complex, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1154. 130280 - Greenwood/Steve Schmitt that communication from Young Arena Manager transmitting application with Waterloo Convention and Visitors Bureau for grant in the amount of $10,000.00, with no required city match, to be used for the purchase and installation of a new event subfloor for Young Arena, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1155. 130281 - Greenwood/Steve Schmitt that communication from City Engineer transmitting Professional Services Agreement with AECOM of Waterloo, Iowa at a cost not to exceed $15,000.00 for Dry Run Creek Watershed Sanitary Sewer Evaluation, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1156. 130282 - Greenwood/Steve Schmitt that communication from Associate Engineer transmitting City -State Federal -Aid Project Agreement with Iowa Department of Transportation for Right -of -Way Acquisition in conjunction with U.S. Highway 63 Transportation Improvements, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1157. November 23, 2009 Page 7 Documents continued 130283 - Steve Schmitt/Welper that communication from Associate Engineer transmitting agreement with Snyder & Associates of Ankeny, Iowa at a cost not to exceed $49,308.00, with 20 percent city match not to exceed $9,861.60, to provide professional services for the design of the F.Y. 2010 Ridgeway Avenue and La Porte Road Connection, Contract No. 775, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty asked if the amount the city is matching will come out of the profit for the fire station. Councilperson Getty stated that we are pushing $70,000.00 out of the 1 percent option tax now on that intersection. Mayor Hurley asked if that was old bond money. Eric Thorson, City Engineer, stated it was local option tax. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Getty. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1158. 130284 - Steve Schmitt/Welper that communication from Building Official/Maintenance Administrator transmitting Professional Services Agreement with Gilmor & Doyle, Ltd. of Waterloo, Iowa at a cost not to exceed 10.5 percent of the contract price for Flood Mitigation Design Proposal for City Hall, Carnegie Annex, Public Library and Center For The Arts, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1159. 130285 - Steve Schmitt/Welper that communication from Leisure Services Director transmitting three-year lease agreement with MobileMoney, Inc. to provide two ATM machines at Young Arena, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1160. RESOLUTIONS TO BE ADOPTED 130286 - Welper/Reggie Schmitt that communication from Community Planning & Development Director transmitting request for a fourteen (14) day extension to the moratorium for new alcohol- related drinking and retail establishments, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1161. 130287 - Welper/Reggie Schmitt that communication from Mayor Tim Hurley transmitting request of University of Northern Iowa for hotel/motel mini -grant funds in the amount of $3,000.00 to be used for transportation service for 2010 Overseas Recruiting Fair to be held on February 1-8, 2010 in Waterloo, 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 Cole asked if the City of Cedar Falls has contributed anything to the Overseas Recruiting Fair for the UNI project. Aaron Buzza, Convention & Visitors Bureau Representative, responded that the City of Cedar Falls Tourism & Visitors Bureau Department does have some input and works with the Overseas Recruiting Fair. Mr. Buzza stated that the majority of overnight stays and room nights happen in Waterloo. Mr. Buzza stated that the event is seen as sort of a joint project between the University of Northern Iowa and the City of Waterloo since it is held at the Five Sullivan Brothers Convention Center. Councilperson Cole stated that the City of Cedar Falls does not contribute then. Mr. Buzza responded that they would apply directly to the City of Cedar Falls and he is uncertain what they have applied for in the past. November 23, 2009 Page 8 Resolutions to be Adopted continued Mr. Buzza noted that the portion does come from the hotel/motel mini -grant portion not the council discretionary funds. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1162. 130288 - Welper/Reggie Schmitt that "Resolution authorizing sale and conveyance of excess right-of-way generally located at the southeast corner of Greenhill Road and University Avenue to Lockard Development, Inc. for $61,007.00", be adopted. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1163. 130289 - Reggie Schmitt/Welper that communication from Community Planning & Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Northeast Industrial Tax Increment District, be received, placed on file and "Resolution approving said request", be adopted and Deputy City Clerk instructed to notify Black Hawk County Auditor of same. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1164. 130290 - Reggie Schmitt/Welper that communication from Community Planning & Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Rath Tax Increment District, be received, placed on file and "Resolution approving said request", be adopted and Deputy City Clerk instructed to notify Black Hawk County Auditor of same. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1165. 130291 - Reggie Schmitt/Welper that communication from Community Planning & Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with San Marnan Tax Increment District, be received, placed on file and "Resolution approving said request", be adopted and Deputy City Clerk instructed to notify Black Hawk County Auditor of same. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1166. 130292 - Reggie Schmitt/Welper that communication from Community Planning & Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Logan Avenue Tax Increment District, be received, placed on file and "Resolution approving said request", be adopted and Deputy City Clerk instructed to notify Black Hawk County Auditor of same. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1167. 130293 - Reggie Schmitt/Welper that communication from Community Planning & Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with MidPort/Airport Tax Increment District, be received, placed on file and "Resolution approving said request", be adopted and Deputy City Clerk instructed to notify Black Hawk County Auditor of same. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1168. • • • • November 23, 2009 Resolutions to be Adopted continued 130294 - Reggie Schmitt/Welper Page 9 that communication from Community Planning & Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Cattle Congress Tax Increment District, be received, placed on file and "Resolution approving said request", be adopted and Deputy City Clerk instructed to notify Black Hawk County Auditor of same. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1169. 130295 - Reggie Schmitt/Welper that communication from Community Planning & Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Downtown Waterloo Urban Renewal and Redevelopment Tax Increment District, be received, placed on file and "Resolution approving said request", be adopted and Deputy City Clerk instructed to notify Black Hawk County Auditor of same. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1170. 130296 Reggie Schmitt/Welper that communication from Community Planning & Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Martin Road Tax Increment District, be received, placed on file and "Resolution approving said request", be adopted and Deputy City Clerk instructed to notify Black Hawk County Auditor of same. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1171. ORDINANCES TO BE ADOPTED 130297 - Getty/Greenwood that "an Ordinance adopting Zoning Ordinance Amendment to change the provisions of the Ordinance regulating the placement of alcohol sales related businesses", be considered and passed for the third time and adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Cole stated that she missed the first two readings of this and was however present for some work sessions and this has been a process that has gone on for a long time. Councilperson Cole stated that she will not vote yes on this and couldn't state it any more then they were stated in the minutes of November 9, 2009 when Mr. Walsh, our City Attorney, stated that we are leaving it up to the Board of Adjustment to determine some things that are normally policy determined by the ordinance and the council and he stated that they may not have the same constraints that council have but it is something to consider when a liquor license is not granted, because the conditions of the new ordinance, they are going to go to another body to have them approve or deny it. Councilperson Cole continued that Mr. Walsh stated that depending on how well that is done and how satisfied everybody is, we may be in court defending that body's decision with your dollars. Councilperson Cole stated that she will not support this and the Board of Adjustment is appointed and the council is elected. Councilperson Cole noted that if people do not like what council does they can vote us out. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Cole. Absent: Hart. Ordinance adopted and upon approval by Mayor assigned No. 4976. November 23, 2009 Page 10 Ordinances to be Adopted continued 130298 - Greenwood/Steve Schmitt that "an Ordinance vacating on request of Ifet and Jasminka Salihovic for $253.26 a portion of April Street right-of-way north of the property at 2524 Gloria Drive for the purpose of constructing a privacy fence along the north side property line", be considered and passed for the third time and adopted. Ayes: Six. Absent: Hart. Ordinance adopted and upon approval by Mayor assigned No. 4977. 130299 - Greenwood/Steve Schmitt that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1172. NEW BUSINESS 130300 Steve Schmitt/Greenwood to instruct City Planner to prepare Request for Proposal, contract, etc. in conjunction with Archaeological Services for Hazard Mitigation Grant Program (HMGP) Property Acquisition Project - Public Assistance (PA) Demolition, be received, placed on file and approved. Ayes: Six. Absent: Hart. Motion carried. 130301 - Steve Schmitt/Reggie Schmitt that Request for Proposal document, contract, etc. in conjunction with Archaeological Services for Hazard Mitigation Grant Program (HMGP) Property Acquisition Project - Public Assistance (PA) Demolition, be received and placed on file. Ayes: Six. Absent: Hart. Motion carried. 130302 - Steve Schmitt/Reggie Schmitt that "Resolution preliminarily approving Request for Proposal document, contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1173. 130303 - Steve Schmitt/Reggie Schmitt that "Resolution setting date of hearing on Request for Proposal document, contract, etc. and taking of proposals as December 7, 2009 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and Deputy City Clerk instructed to publish notice of same. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1174. 130304 - Steve Schmitt/Reggie Schmitt that communication from Community Planning & Development Director transmitting request to vacate a portion of right-of-way at the Northwest corner of E. San Marnan Drive and La Porte Road, be received, placed on file and "Resolution setting date of hearing as December 14, 2009, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and Deputy City Clerk instructed to publish notice of same. Ayes: Six. Absent: Hart. Resolution adopted and upon approval by Mayor assigned No. 2009-1175. ADJOURNMENT 130305 - Cole/Reggie Schmitt that the Council adjourn at 6:16 carried. p.m. Ayes: Six. Absent: Hart. Motion C'aro i Failor Deputy City Clerk