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HomeMy WebLinkAboutMinutes-05/24/2010• • May 24, 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, May 24, 2010. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Dennis Clark, General Manager Waterloo Water Works. 131082 - Hart/Schmitt that the Agenda, as amended, for the Regular Session on Monday, May 24, 2010, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 131083 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, May 17, 2010, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Clark read a Proclamation declaring the annual sale of buddy poppies by the Veterans of Foreign Wars of the United States. Mayor Clark read a Proclamation declaring May 29, 2010 as Cool 105.7 Fourth Street Cruise Day. CONSENT AGENDA 131084 - 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. 1-93, dated May 24, 2010, in the amount of $14,157,648.35, 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. 2010-387. 2. Request of Selim Osmic for tax exemptions on improvements totaling $8,213.00 for property located at 1709 Commercial St. and located in the Consolidated Urban Revitalization Area. Resolution adopted and upon approval by Mayor assigned No. 2010-388. 3. Request of Iowa Heartland Habitat for Humanity for tax exemptions on improvements totaling $16,625.00 for property located at 1137 Leavitt Street and located in the Consolidated Urban Revitalization Area. Resolution adopted and upon approval by Mayor assigned No. 2010-389. 4. Request of Cedar Valley Colonial Apts, LLC for tax exemptions on improvements totaling $770,000.00 for property located at 801 W. 4th Street and located in the Consolidated Urban Revitalization Area. Resolution adopted and upon approval by Mayor assigned No. 2010-390. 5. Request of Anthony Thomas of Life Line Resources for a variance to the Noise Ordinance on June 19, 2010 from 10:00 a.m. to 5:00 p.m. in conjunction with Juneteenth event that will be held at City View Park, including PA system and live DJ, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2010-391. 6. Request of Rev. David Van Netten of Grace Reformed Church for a variance to the Noise Ordinance on June 13, 2010 and August 15, 2010 from 8:00 a.m. to 1:00 p.m. in conjunction with Sunday in the Park event that will be held at Galloway Park, including PA system and live DJ, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2010-392. 7. Request to cancel assessments for 134 Dearborn Avenue. Resolution adopted and upon approval by Mayor assigned No. 2010-393. May 24, 2010 Page 2 b. Motion to approve the following: 1. Recommendation of appointment of Cynthia Shepard to the position of Building Inspections Part-time Secretary, effective May 25, 2010. Submitted by Debra Anderson, Building Official/Maintenance Administrator 2. Beer License Permit Application Class B Waterloo Expo Services Corp, Park Ave. Bridge (5 -day license) (6/4/2010 6/9/2010) Waterloo Expo Services Corp, 519 Mulberry -Lincoln Park (5 -day license) (6/3/2010 - 6/9/2010) American Golf Course, 1575 W. Big Rock Rd. (Renewal) (6/30/11) (Includes Sunday Sales) 3. Beer License Permit Application Class C Kwik Star #732, Sales) Kwik Star #723, Sales) Kwik Star #721, Sales) Kwik Star #722, Sales) 324 Fletcher Ave. 707 Broadway St. 1105 Cedar Bend Dr. 1214 Franklin St. (Renewal) (7/21/11) (Renewal) (7/21/11) (Renewal) (7/21/11) (Renewal) (7/21/11) 4. Liquor License Permit Application Class C Risque' Gentlemen's Club, 301 W. 4th St. (New) Sales) Flirts Gentlemen's Club, 319 Jefferson St. Sunday Sales) Screaming Eagle American Bar & Grill, 228 E. (Includes Sunday Sales) WESCO, 420 Jefferson St. (6 Month license) Sunday Sales) Hickory House, 315 Park Road (Renewal) (Includes (Includes (Includes (Includes Sunday Sunday Sunday Sunday (5/28/11) (Includes Sunday (New) (5/28/11) (Includes (4/20/11) (5/25/10 toll/25/10) (Includes 4th St. (Renewal) (5/23/11) (Includes Sunday Sales) Volks Haus, 324 E. 4th St. (Permanent (11/23/10) (Includes Sunday Sales) Transfer from 225 E. 5th St.) 5. Liquor/Beer/Wine License Permit Application Class E Liquor/Class B Wine, Class C Beer Broadway Liquor, 821 Broadway St. (New) (6/1/11) (Includes Sunday Sales) Five Star Snacks & More, 315 Fletcher Ave. (Renewal) (6/2/11) (Includes Sunday Sales) Target Store, 1501 E. San Marnan Dr. (Renewal) (6/27/11) (Includes Sunday Sales) 6. Outdoor Service Area Application Waterloo Expo Services Corp, Park Ave. Bridge (5 -day license) (6/4/2010 - 6/9/2010) Waterloo Expo Services Corp, 519 Mulberry -Lincoln Park (5 -day license) (6/3/2010 - 6/9/2010) American Golf Course, 1575 W. Big Rock Rd. (Renewal) (6/30/11) (Includes Sunday Sales) WESCO, 420 Jefferson St. (6 Month license) (5/25/10-11/25/10) (Includes Sunday Sales) Screaming Eagle, 228 E. 4th St. (6 Month license) (5/6/10-11/30/10) (Includes Sunday Sales) 7. Fireworks Permit Application The Lost Island Water Park, 2225 East Shaulis Rd. on June 10, 2010, July 10, 2010 and August 10, 2010. Waterloo Bucks Baseball, 850 Park Rd. on June 2, July 9, July 10, July 17, and August 16, 2010. Greater Cedar Valley Chamber, Bank of Cedar River by Phelps Youth Pavillion on June 4, 2010. 8. Bonds Ayes: Seven. Motion carried. RESOLUTIONS 131085 - Schmitt/Welper that "Resolution approving request to assign the lease between the City of Waterloo and International Wrestling Institute and Museum, Inc. (property • • • May 24, 2010 Page 3 located at 303 Jefferson St.) to National Wrestling Hall of Fame, Incorporated, and Oklahoma non-profit corporation", be adopted. Councilperson Cole asked the City Attorney to explain the implications because it makes her a little nervous. James Walsh, City Attorney, stated that what he understands is that the Oklahoma entity is going to buy the assets of the local museum. They will stay here and the museum is going to continue to operate. That is as far as the plan has gone. The Oklahoma entity is asking for an assignment of the lease. Mr. Walsh does not know if one is required or not. The language in the lease seems to say that if there is a merger or a purchase by another entity of the museum consolidation, then they don't have to ask for approval by this body. They have asked for the approval, though, and Mr. Walsh in turn asked for some information to present to council. He received an unsigned agreement that has been given to council where the assets are purchased by the Oklahoma entity. The lease itself provides some protection from the city. It says that if they don't operate the museum as a museum, then the property goes back to the city and the rest of the lease is forfeited. So the assignment by itself wouldn't seem to cause a lot of difficulties although it would be much better if control could be here rather than Oklahoma. Mr. Walsh suggested that if council is inclined to approve it, then to ask for release documents signed and held in escrow somewhere here to make it easier to get the building back if it stops operating as a museum. If they want the assignment, Mr. Walsh does not think it would be a problem for them to get the document for the city to hold here; perhaps at their lawyer's office rather than here at City Hall if they don't trust us to handle it. It would just be easier not to have to deal with Oklahoma City should the museum stop operating sometime in the future. Councilperson Schmitt asked how the museum is doing financially. Mr. Walsh responded that he asked for financial information and was not provided with any. He is not sure if that is because the Oklahoma entity is the owner now. They are probably not inclined to want to give financial information. Councilperson Cole suggested to table the item because if the building would close the city owns it and to protect the city taxpayers' assets. Mayor Clark asked what the urgency is regarding this issue. Kyle Klingaman, Wrestling Hall of Fame Executive Director, responded that it is fairly urgent. The reason why this is being done is the long-term viability of the operation and sport. Waterloo is known for its wrestling and this is something that Dan Gable has invested in. It has more prominence to Dan Gable and the Dan Gable Wrestling Museum as a whole. So the reason for the merge is to become one entity to provide a better resource for wrestling and will now be a part of the Olympic movement. They are endorsed by the Olympic committee. Mr. Klingaman stated that this enhances the mission of what the Dan Gable Wrestling Museum is going to be. So it is urgent and it is something that they would like to do as quickly as possible. Mayor Clark stated that he has talked with several people from the organization and with this particular issue nothing necessarily needs to be in front of council right now. Mayor Clark stated that it is the attorney that asked for authorization from Mayor Clark and he cannot get it without the council's consent. So now the council has it and what the city is looking for is protection for the building. Mayor Clark stated that they do not want to damage the reputation, name or liability. But the city needs protection for the building. Mayor Clark stated that what has been done from the attorneys is basically requiring the city to provide consent and the city is asking for more. Mr. Walsh stated a document can be prepared by the next planned meeting and the document is saying that if the museum stops locally, then the lease is void and the city will get the building back. Councilperson Schmitt asked Mr. Klingaman if he represents the local museum or the Oklahoma corporation. Mr. Klingaman responded that he represents the local Dan Gable Wrestling Museum. Councilperson Hart asked what his position with the museum was, and Mr. Klingaman responded that he is the Executive Director. Councilperson Schmitt asked that from local individuals perspective what the urgency is and asked if waiting two weeks breaks the deal. Mr. Klingaman responded that the National Wrestling Hall of Fame has had their induction weekend coming up in about a week and a half. He thinks from a national exposure point of view from Waterloo, he would think council would want to push it through because it is hopefully going to be announced sooner than later. Anytime that Waterloo can have that exposure the better it is for the community. The National Wrestling Hall of Fame is having their induction weekend on June 5-6, 2010 and would like to get this done by that point. Councilperson Cole stated that nobody is denigrating the sport or the museum, but council is in charge with protecting the city's assets. Mr. Walsh has asked for information that was not forthcoming and she would feel better if the city has a signed document. Councilperson Getty asked if there is any idea of the intent to move the Dan Gable Wrestling Museum to Oklahoma. Mr. Klingaman stated there is no intent and the National Wrestling Hall of Fame is located in Stillwater and this is more of a movement to make wrestling better throughout the nation. So this would make the museum a branch of the National Wrestling Hall of Fame and would give Waterloo more prominence. Councilperson Greenwood stated that he got a call on May 19, 2010 from a board member of the wrestling museum from Stillwater. He is an ex -Mayor of Stillwater, Chairman of the Regents, a very qualified and dedicated man with a lot of vision. He told Councilperson Greenwood that the plans are not to pillage, but it is going to May 24, 2010 Page 4 help stabilize the museum. That it is going to increase the marketing abilities and will strengthen them financially within the existing structure. It is going to strengthen the management structure. The Olympics recognized the Stillwater wrestling museum. They are going to give the representatives of the Dan Gable Museum four board seats with two seats on the executive committee. Councilperson Greenwood stated that Chuck Yagla from Waterloo was inducted into the Hall of Fame and if that is something that they would like to announce at their induction, then he thinks the language should be put together before their June 5, 2010 meeting so the announcement could be made at the meeting. Councilperson Getty stated that he just wants to make sure the museum stays in Waterloo and stays that way. Cole/Getty Item tabled until June 3, 2010. Ayes: Seven. 131086 - Getty/Cole that "Resolution approving request by Craig Z. Ziemer of 142 Greenwood Avenue for an exception to the policy of the Waterloo Administrative Plan for the HMGP Property Acquisition Program adopted by the Waterloo City Council to allow for the acquisition of 142 Greenwood Avenue without acquisition of an adjacent/contiguous vacant lot", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty asked if this is where the city is going to get the lot and house that the city will tear down and he wants to keep the lot next to him. Mayor Clark stated that is correct. Councilperson Getty strongly urges council to vote no on that because if the city is going to take it all, then take it all and move on with it. Craig Ziemer, 142 Greenwood Avenue, stated that he is the owner of the two properties. He knows that if the city were able to obtain all of the properties in that area, then he would have no problem selling. But the city is not obtaining every property in the location. He stated that there are at least four residents that are staying that also own empty lot properties. After the flood of 2008, there was a young man that was able to obtain other empty lot properties in the area, which he owns today to use for recreation. He knows that in the 1994 buyout, the city didn't pursue going after the empty lots. He would just like to retain the empty lot to have access to the river for recreation down there. Councilperson Getty asked if FEMA offered to buyout the house in the area. Mr. Ziemer responded that FEMA did offer to buy the lot with the dwelling and he is willing to go through with that, but would like to retain the empty lot so he still has access. He stated that he knows that he can never build in the area, but would like to retain it so that he could still go there to fish and campout. That way when he is down there, no one can come down and tell him that he is not able to be there and he would still be maintaining the area. Aric Schroeder, City Planner, stated that as part of the buyout, an administrative plan was adopted for a set of policies, procedures, and how the buyout would be handled. FEMA and Homeland Security gave the city a template for an administrative plan, but the city was free to more or less adopt the plan and the rules that govern that plan any way that the city wanted as long as it didn't conflict with a rule that they had. FEMA and Homeland Security do not have a rule or requirement that vacant lots have to be included with the purchase in a buyout. When the City of Waterloo adopted the plan, there was a line item put in there indicating that if a property owner is going to sell a property and a house, that any other property adjacent were contiguous that they own, including vacant lots, must also be sold. And that was the general intent of the city trying to get everything that the city could in the area. Because that was put in the plan and it was adopted by resolution of the City Council, staff felt if Mr. Ziemer was going to perceive with something that went against that, then it would require a special action from the city council to recognize that is was going against the Administration Plan. Staff has already reviewed it with Homeland Security and FEMA as noted. It is not a rule of theirs so they have no objection with the city making an exception in this case. In general, it is definitely better to get as much property in the area as the city can, which is why the rule was put in the plan. Although he does recognize what Mr. Ziemer is indicating that the city is not going to get all of the properties in the area, that is included in the map that was included with the communication that was given to council. Some of the properties in that area not included in the buyout are some just to the west of his property and will remain as privately owned land. So from a long term use of the property, obviously if the city was going to try and put some sort of developed park, campground or other type of recreational use like that, there would be other properties in the way that the city would not own even after this buyout. So its something staff struggled with, but it is noted that it would not appear to have any detrimental impact if this vacant lot was not a part of the buyout. Mayor Clark stated there are some circumstances involved that Mr. Ziemer didn't purchase the vacant lot at the same time he purchased the lot where the house is. It was titled separately, purchased separately and completely different. • • May 24, 2010 Page 5 And if it was one lot over, this discussion wouldn't be happening. Mr. Schroeder stated that often times there is a situation where there may be more than one lot or parcel but are all acquired on one deed and one abstract. And this is a situation where it was acquired separately but he has got a separate deed and abstract for that property. The plan still says that regardless of the separate deed and abstract, he owns it and it is adjacent and is contiguous to be sold unless an exception is made. Councilperson Schmitt asked if this is the first occurrence that has come up since instituting the plan. Mr. Schroeder responded that it is. He was not working for the city after the 1993 flood when the buyout occurred in 1994-1995. Mr. Schroeder indicated that some vacant lots were acquired, but the city didn't actively perceive vacant lots and to his knowledge of any policy at that time. This is the first flood buyout since that buyout and staff chose to insert that in the plan. The city is quite a ways into the buyout now. The question came up for concern to setting precedent and obviously there is a little bit of concern on that, however, the city is quite a ways into the buyout now. The city now has accepted offers on every single property regarding the buyout except for two and the two that there are no buyouts, the issue is the vacant lots. James Walsh, City Attorney, stated that from a legal point of view, the city needs to continue on the efforts to obtain all possible property in that area. The intent of the council is to do that. The fact that council is restricted by some rules from acquiring it all right now shouldn't stop council from acquiring as much as the city can. There is a difference in the way that council treats this property, the island as a whole, but the difference in the way it is treated based on what the intent is for the future. If council's intention is to make it into a whole piece of publicly owned land, then the possibility of making it an exception now is contrary to that. The amenities, improvements and protections you might have to afford to that piece of property could differ depending upon what you publicly stated and public actions indicate is your intention. Does council have to provide public protections down there of some kind? What does council have to do with that property? Does council have to make sure people can't trip and fall on it? Does council have to make sure there are no hazardous things left out? How is council treating that piece of property as a wholly owned public property that's as near as council could get it to being all of city property or one that council is willing to open up for development and continued public use by others? Council should consider that before opening this up for public use beyond the ones that can't be bought. Council certainly could decide to make it a private thing and sell lots in the middle of Byrnes Park if council wanted to, but the point is this is suppose to be an acquisition to get as much property as the city can get in the area and Mr. Walsh stated that he feels council should stick with that if there is no intent to develop anything and sell the rest of the lots to someone else. Mayor Clark asked what happens to the whole sale if this is not approved. Mr. Schroeder commented that he wanted to add to Mr. Walsh's comments that at this point, it is a voluntary acquisition and FEMA requires that it remain a voluntary acquisition up to closing. At any point a property owner can back out and not take the buyout offer. So if this exception is denied, the applicant will have two options; 1) would be to accept the initial offer and sell both the lot with the house on it and the vacant lot; or 2) to sell the city nothing, so he would keep the lot with the house on it and either look at what he can do to fix it up or demolition it as his expense and keep both properties. Mr. Schroeder understands there are pros and cons on both sides of this, but definitely agrees that the city would be better off to get as much property as possible. But staff's kind of position was that it is better off to get the house out of there and a lot be still privately owned, then to leave both the house and the lots. Following comments a vote was taken on the above motion with the following result. Ayes: Two. Nays: Cole, Getty, Jones, Schmitt, Hart. Motion failed. 131087 - Getty/Cole that "Resolution approving and authorizing submittal of an EPA Brownfields Area - Wide Planning Pilot Program grant application in the amount of $175,000 for the continued development and redevelopment of the Highway 63 Corridor and authorizing the Mayor to sign and submit the application on behalf of the City of Waterloo", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-394. 131088 - Greenwood/Schmitt that "Resolution approving the Conditional Offer Form for the Acceptance of Purchase Offers; 302 North Hackett Road, The Avis Family Trust, in the amount of $109,872; 114 Blackwood Avenue, Mary A. Jebe Estate, in the amount of $53,004; 160A, 160B & 160C Greenwood Avenue, Mary A. Jebe Estate, in the amount of $82,728; 140 Greenwood Avenue, Mary A. Jebe Estate, in the amount of $41,508; 159 Greenwood Avenue, Mary A. Jebe Estate, in the amount of $30,180; 148 Greenwood Avenue, Mary A. Jebe Estate, in the amount of $14,208; 162 Greenwood May 24, 2010 Page 6 Avenue, Mary A. Jebe Estate, in the amount of $12,564; and 128 Greenwood Avenue, Mary A. Jebe Estate, in the amount of $27,168", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-395. 131089 - Schmitt/Greenwood that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Peterson Construction, Inc. of Reinbeck, Iowa at a total cost of $85,017.68 in conjunction with F.Y. 2010 Salvaged Asphalt Crushing, Contract No. 785", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-396. 131090 - Schmitt/Greenwood that "Resolution approving award of contract in the amount of $540,002.96 to Robert Hauptley Construction of Waterloo, Iowa in conjunction with F.Y. 2010 Removal and Replacement of the Aeration Equipment at the Satellite and Easton Avenue Water Pollution Control Facilities, Contract No. 788", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-397. 131091 - Schmitt/Greenwood that "Resolution approving recommendation of hotel/motel mini grants in the amount of $3,000.00 for the Kiwanis Club of Waterloo (Air Show Marketing/Research), $3,000.00 for the Grout Museum District (Science Circus) and $500.00 for the Cedar Trails Partnership (Iowa Trails Summit)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-398. 131092 - Schmitt/Greenwood that "Resolution approving license and conduits with Chicago, Central Crossing on E. 4th Street in Reconstruction Program, Contract No. agreement for underground pipelines, cables & Pacific Railroad Company for Storm Sewer conjunction with the F.Y. 2010 Street 772", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-399. PUBLIC HEARINGS 131093 - Cole/Getty that proof of publication of notice of public hearing on issuance of not to exceed $7,091,000.00 General Obligation Bonds for Essential Corporate Purposes to pay costs of acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high water, including flood control, storm water, tributary and drainage improvements; construction, reconstruction and repairing of street, sidewalk and intersection improvements; the acquisition, construction and installation of storm sewer and sanitary sewer improvements, including treatment plant effluent disinfection and treatment system improvements; the acquisition of vehicles and equipment for the Police, Fire Rescue and Street Departments; the rehabilitation and improvement of city parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in city parks, including bikeway maintenance, sports facilities and boating center improvements and the acquisition of off-road maintenance equipment; the acquisition, improvement and installation of traffic control devices, signage, fixtures and equipment, including but not limited to traffic signal, traffic safety and street light improvements; and the acquisition and improving of the automated GIS/GPS system, as published in the Waterloo Courier on May 13, 2010, be received and placed on file. Ayes: Seven. Motion carried. 131094 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Cole/Getty that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 131095 - Cole/Getty that "Resolution instituting proceedings to take additional action on issuance of said bonds", be adopted. Ayes: Seven. • • • • May 24, 2010 Resolution adopted and upon approval by Mayor assigned No. 2010-400. 131096 - Hart/Cole Page 7 that proof of publication of notice of public hearing on issuance of not to exceed $2,092,000.00 General Obligation Bonds for Essential Corporate Purposes to pay costs of aiding in the planning and undertaking and carrying out of urban renewal project activities under Chapter 403 of the Code of Iowa, as amended, and the Urban Renewal Plans for the Rath Tax Increment Redevelopment Area, the Logan Plaza area, the Northeast Industrial Park and the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Area, including costs associated with the downtown development plan, demolition costs, the acquisition of properties and clearance and preparation of the same for public and private redevelopment, and Central Garage Facilities Centralization Project, as published in the Waterloo Courier on May 13, 2010, be received and placed on file. Ayes: Seven. Motion carried. 131097 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Cole that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 131098 - Hart/Cole that "Resolution instituting proceedings to take additional action on issuance of said bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-401. 131099 - Getty/Cole that proof of publication of notice of public hearing on issuance of not to exceed $621,000.00 General Obligation Bonds to pay costs of the reconstruction, renovation and improvement of Riverfront Stadium, Young Arena, the Center For The Arts and Youth Pavilion, as published in the Waterloo Courier on May 13, 2010, be received and placed on file. Ayes: Seven. Motion carried. 131100 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none Getty/Cole that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 131101 - Getty/Cole that "Resolution instituting proceedings to take additional action on issuance of said bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-402. 131102 - Getty/Cole that proof of publication of notice of public hearing on issuance of not to exceed $665,000.00 General Obligation Bonds to pay costs of acquisition of capital equipment, office equipment and vehicles for various City departments, operations and buildings, as published in the Waterloo Courier on May 13, 2010, be received and placed on file. Ayes: Seven. Motion carried. 131103 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Cole that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 131104 - Getty/Cole that "Resolution instituting proceedings to take additional action on issuance of said bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-403. May 24, 2010 Page 8 131105 - Welper/Hart that proof of publication of notice of public hearing on issuance of not to exceed $640,000.00 General Obligation Bonds, said bonds to be issued for the purpose of providing funds to pay costs of the reconstruction, remodeling, improvement, equipping and repairing of various City buildings and facilities, including the five Sullivan Brothers Center, Downtown Parking Garages, Fire Stations, Public Library, and swimming pools renovations, as published in the Waterloo Courier on May 13, 2010, be received and placed on file. Ayes: Seven. Motion carried. 131106 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Hart that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 131107 - Welper/Hart that "Resolution instituting proceedings to take additional action on issuance of said bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-404. 131108 - Welper/Hart that proof of publication of notice of public hearing on issuance of not to exceed $391,000.00 General Obligation Bonds to pay costs of improvement of city golf courses; the renovation and improvement of the Center for the Arts and the acquisition and installation of radio frequency ID conversion for the Public Library, as published in the Waterloo Courier on May 13, 2010, be received and placed on file. Ayes: Seven. Motion carried. 131109 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Hart that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 131110 - Welper/Hart that "Resolution instituting proceedings to take additional action on issuance of said bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-405. 131111 - Welper/Hart that proof of publication of notice of public hearing on issuance of not to exceed $4,900,000.00 General Obligation Bonds for Essential Corporate Purposes to pay costs of refunding and refinancing of certain outstanding city indebtedness consisting of General Obligation Bonds Series 2002A, dated June 1, 2002, as published in the Waterloo Courier on May 13, 2010, be received and placed on file. Ayes: Seven. Motion carried. 131112 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none Welper/Hart that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 131113 - Welper/Hart that "Resolution instituting proceedings to take additional action on issuance of said bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-406. 131114 - Hart/Schmitt that proof of publication of notice of public hearing on FYE2010 Budget Amendment, as published in the Waterloo Courier on May 12, 2010, be received and placed on file. Ayes: Seven. Motion carried. • May 24, 2010 Page 9 131115 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Schmitt that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 131116 - Hart/Schmitt that "Resolution approving said budget amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-407. 131117 - Schmitt/Hart that proof of publication of notice of public hearing on a request by Lockard Construction on behalf of MBAK Properties for an alternative Site Plan Amendment to the "R -4,R -P" Planned Multiple Residence District for the development of a 9,976 sq. ft. professional office building at the southeast corner of West San Marnan Drive and Hurst Drive, as published in the Waterloo Courier on May 13, 2010, be received and placed on file. Ayes: Seven. Motion carried. 131118 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Hart that the hearing be closed and recommendation of approval of Planning and Zoning Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 131119 - Schmitt/Hart that "Resolution approving site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-408. 131120 - Greenwood/Schmitt that proof of publication of notice of public hearing on a request by KNK Enterprise, LLC for a Site Plan Amendment to the "S-1" Shopping Center District to allow for a 23,250 sq. ft. addition to the west end of the former EconoFoods building located at 1411 Flammang Drive, as published in the Waterloo Courier on May 13, 2010, be received and placed on file. Ayes: Seven. Motion carried. 131121 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Schmitt that the hearing be closed and recommendation of approval of Planning and Zoning Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 131122 - Greenwood/Schmitt that "Resolution approving site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-409. 131123 - Getty/Cole that proof of publication of notice of public hearing on the sale and conveyance of city -owned property located at 923 Oneida Street, Waterloo, Iowa to Le Noard Holmes for $126,000, as published in the Waterloo Courier on May 13, 2010, be received and placed on file. Ayes: Seven. Motion carried. 131124 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. May 24, 2010 Page 10 131125 - Getty/Hart that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-410. 131126 - Hart/Greenwood that proof of publication of notice of public hearing on Riverview Recreation Area OHV Park Parking Lot and Fencing Improvements, Contract No. 789, as published in the Waterloo Courier on May 13, 2010, be received and placed on file. Ayes: Seven. Motion carried. 131127 - 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 and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 131128 - Hart/Greenwood that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Riverview Recreation Area OHV Park Parking Lot and Fencing Improvements, Contract No. 789", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-411. 131129 - Hart/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Bond Bid Amount Peterson Contractors, Inc. Reinbeck, IA 5% $78,657.00 Stickfort Construction Cedar Falls, IA 596 $89,709.60 Vieth Construction Corp. Cedar Falls, IA 596 $89,891.58 Ayes: Seven. Motion carried. 131130 - Getty/Hart that proof of publication of notice of public hearing on Two (2) Covered Archways at Waterloo Softball Complex, as published in the Waterloo Courier on May 14, 2010, be received and placed on file. Ayes: Seven. Motion carried. 131131 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 131132 - Getty/Hart that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Two (2) Covered Archways at Waterloo Softball Complex", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-412. • • May 24, 2010 131133 - Getty/Hart Page 11 to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Ayes: Seven. Motion carried. OTHER COUNCIL BUSINESS 131134 - Cole/Hart that "Resolution directing the advertisement for sale of $9,165,000 General Obligation Bonds, Series 2010A; $4,820,000 General Obligation Refunding Bonds, Series 2010B; and $2,355,000 General Obligation Bonds, Taxable Series 2010C; setting the sale date as Thursday, June 3, 2010 and approve electronic bidding procedures", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-413. 131135 - Hart/Schmitt that Change Order No. 3 for a net increase of $2,220.00 for work performed by Aduddell Restoration and Waterproofing, Inc./Granite-RE in conjunction with East Park Avenue Parking Ramp Repairs, be approved. Ayes: Seven. Motion carried. 131136 - Hart/Schmitt that Change Order No. 2 for a net increase of $989.00 for work performed by Restoration Systems, Inc. in conjunction with Commercial Street Parking Garage Phase II Repairs, be approved. Ayes: Seven. Motion carried. 131137 - Hart/Schmitt that Change Order No. 5 for a net increase of $1,127.00 for work performed by Failor-Hurley Construction in conjunction with Commercial Street Parking Garage Phase I Repairs, be approved. Ayes: Seven. Motion carried. 131138 - Hart/Schmitt that Change Order No. 5 for a net decrease of $1,434.00 for work performed by Cardinal Construction, Inc. in conjunction with New Fire Station #8, be approved. Ayes: Seven. Motion carried. 131139 - Hart/Schmitt that Change Order No. 1 for a net increase of $16,787.68 in conjunction with FY2010 Salvaged Asphalt Crushing, Contract No. 785, be approved. Ayes: Seven. Motion carried. 131140 - Welper/Hart to instruct Police Chief to prepare request for specifications and bid proposal in conjunction with the Purchase of Tactical Body Armor, be received, placed on file and approved. Ayes: Seven. Motion carried. 131141 - Welper/Hart that request for specifications and bid proposal in conjunction with the Purchase of Tactical Body Armor, be received and placed on file. Ayes: Seven. Motion carried. 131142 - Welper/Hart that "Resolution preliminarily approving request for specifications and bid proposal in conjunction with the above described purchase", be adopted.", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-414. 131143 - Welper/Hart that "Resolution setting date of hearing on request for specifications and bid proposal as June 21, 2010 at 5:30 p.m. in the City Hall Council Chambers on the Bidder Bid Amount Miller Fence 23,295.72 Waterloo, IA 50703 17,052.44 Ayes: Seven. Motion carried. OTHER COUNCIL BUSINESS 131134 - Cole/Hart that "Resolution directing the advertisement for sale of $9,165,000 General Obligation Bonds, Series 2010A; $4,820,000 General Obligation Refunding Bonds, Series 2010B; and $2,355,000 General Obligation Bonds, Taxable Series 2010C; setting the sale date as Thursday, June 3, 2010 and approve electronic bidding procedures", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-413. 131135 - Hart/Schmitt that Change Order No. 3 for a net increase of $2,220.00 for work performed by Aduddell Restoration and Waterproofing, Inc./Granite-RE in conjunction with East Park Avenue Parking Ramp Repairs, be approved. Ayes: Seven. Motion carried. 131136 - Hart/Schmitt that Change Order No. 2 for a net increase of $989.00 for work performed by Restoration Systems, Inc. in conjunction with Commercial Street Parking Garage Phase II Repairs, be approved. Ayes: Seven. Motion carried. 131137 - Hart/Schmitt that Change Order No. 5 for a net increase of $1,127.00 for work performed by Failor-Hurley Construction in conjunction with Commercial Street Parking Garage Phase I Repairs, be approved. Ayes: Seven. Motion carried. 131138 - Hart/Schmitt that Change Order No. 5 for a net decrease of $1,434.00 for work performed by Cardinal Construction, Inc. in conjunction with New Fire Station #8, be approved. Ayes: Seven. Motion carried. 131139 - Hart/Schmitt that Change Order No. 1 for a net increase of $16,787.68 in conjunction with FY2010 Salvaged Asphalt Crushing, Contract No. 785, be approved. Ayes: Seven. Motion carried. 131140 - Welper/Hart to instruct Police Chief to prepare request for specifications and bid proposal in conjunction with the Purchase of Tactical Body Armor, be received, placed on file and approved. Ayes: Seven. Motion carried. 131141 - Welper/Hart that request for specifications and bid proposal in conjunction with the Purchase of Tactical Body Armor, be received and placed on file. Ayes: Seven. Motion carried. 131142 - Welper/Hart that "Resolution preliminarily approving request for specifications and bid proposal in conjunction with the above described purchase", be adopted.", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-414. 131143 - Welper/Hart that "Resolution setting date of hearing on request for specifications and bid proposal as June 21, 2010 at 5:30 p.m. in the City Hall Council Chambers on the May 24, 2010 Page 12 above described purchase", be adopted and City Clerk instructed to publish notice of same.", be adopted. Ayes: Seven. Resolution adopted and upon approval.by Mayor assigned No. 2010-415. 131144 - Schmitt/Hart to instruct Police Chief to prepare request for specifications and bid proposal in conjunction with FY2011 Ammunition Supplies, be received, placed on file and approved. Ayes: Seven. Motion carried. 134445 - Schmitt/Welper that request for specifications and bid proposal in conjunction with FY2011 Ammunition Supplies, be received and placed on file. Ayes: Seven. Motion carried. 134446 - Schmitt/Welper that "Resolution preliminarily approving specifications and bid proposal in conjunction with the above described purchase", be adopted.", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-416. 134447 - Schmitt/Hart that "Resolution setting date of hearing on request for specifications and bid proposal as June 21, 2010 at 5:30 p.m. in the City Hall Council Chambers on the above described purchase", be adopted and City Clerk instructed to publish notice of same.", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-417. 134448 - Getty/Hart to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with Cedar River/Exchange Park Play Structure, Park Road & Burton Ave, be received, placed on file and approved. Ayes: Seven. Motion carried. 134449 - Getty/Hart that plans, specifications, form of contract, etc. in conjunction with Cedar River/Exchange Park Play Structure, Park Road & Burton Ave, be received and placed on file. Ayes: Seven. Motion carried. 134450 - Getty/Hart that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with the above described project", be adopted.", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-418. 134451 - Getty/Hart that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as June 7, 2010 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same.", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-419. 134452 - Hart/Cole to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2010 E. Sixth Street Storm Pump Station Improvements, Contract No. 716, be received, placed on file and approved. Ayes: Seven. Motion carried. 134453 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2010 E. Sixth Street Storm Pump Station Improvements, Contract No. 716, be received and placed on file. Ayes: Seven. Motion carried. • • May 24, 2010 134454 - Hart/Welper that "Resolution contract, etc. in be adopted. Ayes: preliminarily approving conjunction with the above Seven. Page 13 plans, specifications, form of described purchase", be adopted.", Resolution adopted and upon approval by Mayor assigned No. 2010-420. 134455 - Hart/Welper that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as June 21, 2010 at 5:30 p.m. in the City Hall Council Chambers on the above described purchase", be adopted and City Clerk instructed to publish notice of same.", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-421. ORAL PRESENTATIONS Forrest Dillavou, 1725 Huntington Road, stated that last week a council member brought up a concern about water line repair. He stated that in his neighborhood there was a water main meter repair across from his house; seven vehicles and seven people showed up and did their repair within a reasonable amount of time. They did an excellent job of patching. They redid the lawn where they had to disturb the curb. They have been back since and repaired the patch because it did sink some. They have taken out the rock and sand that was placed there for fill in the yard. They put black dirt in and seeded it even though the permanent repair hasn't been made yet. They did a wonderful job. Mayor Clark thanked Mr. Dillavou for bringing that to their attention and gave a Gung Ho to the individuals that did the work. Councilperson Getty stated that the three locations that were brought up at the May 17, 2010 council meeting, the Street Department went out on Tuesday morning and they have all been taken care of. Mayor Clark thanked Councilperson Getty for bringing it up and gave a Gung Ho to the Street Department. 134456 - Cole/Hart that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 134457 - Cole/Hart that the Council adjourn at 6:44 p.m. Ayes: Seven. Motion carried. Carol Failor Deputy City Clerk