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HomeMy WebLinkAboutMinutes-02/07/2011February 7, 2011 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, February 7, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Greenwood, Welper, Hart. Absent: Getty, Schmitt Moment of Silence. Pledge of Allegiance: Abraham Funchess, Human Rights Director. 135895 - Hart/Welper that the Agenda, as amended , for the Regular Session on Monday, February 7, 2011, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Getty, Schmitt. Motion carried. 135896 - Hart/Welper that the Minutes, as proposed, for the Regular Session on Monday, January 24, 2011, at 5:30 p.m. and Special Session on Thursday, January 27, 2011, at 8:00 a.m., be accepted and approved. Ayes: Five. Absent: Getty, Schmitt. Motion carried. CONSENT AGENDA 135897 - Hart/Welper 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. 1-63, dated February 7, 2011, in the amount of $3,054,234.08, 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. 2011-63. 2. Request of Peregrine Charities to hold Fourth Annual Peregrine Charities Triathlon event to be held at George Wyth State Park on Sunday, September 25, 2011 from 7:30 a.m. to 11:30 a.m., together with approval of Director of Safety Services -Submitted by Daniel J. Trelka, Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2011-64. 3. Request of Dr. Walter Cunningham School of Excellence to hold Cunningham 5K Run/Walk event to be held on Saturday, April 16, 2011 from 9:00 a.m to 10:00 a.m., together with approval of Director of Safety Services - Submitted by Daniel J. Trelka, Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2011-65. 4. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00 with Liquor & Tobacco Outlet of 2844 University Avenue, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age - Submitted by David R. Zellhoefer, Assistant City Attorney. Resolution adopted and upon approval by Mayor assigned No. 2011-66. 5. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00 with Jet Lounge of 451 Parker Street, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age -Submitted by David R. Zellhoefer, Assistant City Attorney. Resolution adopted and upon approval by Mayor assigned No. 2011-67. 6. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00 with Casey's General Store of 1604 LaPorte Road, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age -Submitted by David R. Zellhoefer, Assistant City Attorney. Resolution adopted and upon approval by Mayor assigned No. 2011-68. February 7, 2011 Page 2 7. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00 with Kwik Star #723 of 707 Broadway Street, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age -Submitted by David R. Zellhoefer, Assistant City Attorney. Resolution adopted and upon approval by Mayor assigned No. 2011-69. 8. Request of Jerry Grier for tax exemptions on improvements totaling $136,532.00 for property located at 23 Lafayette Street and located in the Consolidated Urban Revitalization Area -Submitted by Shane Graham, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2011-70. 9. Request of M.E.N.D. LLC for tax exemptions on improvements totaling $136,532.00 for property located at 916 Bishop Avenue and located in the Consolidated Urban Revitalization Area -Submitted by Shane Graham, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2011-71. 10. Request to certify the following assessments to properties for work performed by the Water Works, together with recommendation of approval of Board of Water Works Trustees -Submitted by Dennis Clark, General Manager of Waterloo Water Works: Address Amount to certify 410 Lane Street $1,850.00 1914 Howard Avenue $2,400.00 Resolution adopted and upon approval by Mayor assigned No. 2011-72. b. Motion to approve the following: 1. 2. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Bob Etringer, Sports Programmer Certified Pool Operator School Cedar Falls, Iowa January 24-25, 2011 $240.00 Craig Hintzman, Signal Tech II; Tina Schellhorn, Maintenance Electrician; Roger Wooden, Maintenance Electrician Brown Traffic Products Training: 2011 Cabinet and EPAC Training West Des Moines, Iowa February 10-11, 2011 $540.00 3. Recommendation of appointment of Kelby Haynes to the position of Maintenance Electrician, effective February 14, 2011 -Submitted by Sandie Greco, Superintendent of Traffic Operations 4. Recommendation of appointment of Craig Clark to the position of Building Official/Maintenance Administrator effective February 7, 2011 -Submitted by Mayor Buck Clark Beer License Permit Application Class C 5. E 4th Liquor Store, 735 Logan Avenue (transfer from 1027 E. 4th) (Expires 8/2/11) 6. Hy -Vee Food Store #2, 2181 Logan Avenue (Renewal) (Expires 3/23/12) (Includes Sunday Sales) 7. Hy -Vee Food Store and Drugstore #4, 4000 University Avenue (Renewal) (Expires 3/15/12) (Includes Sunday Sales) 8. Hy -Vee Food Store #1, 306 Byron Avenue (Renewal) (Expires 3/23/12) (Includes Sunday Sales) February 7, 2011 Liquor License Permit Application Class C Page 3 9. The Saloon, 303 W. 4th Street (New) (Expires 11/15/11) (Includes Sunday Sales) 10 Packers Inn, 201 Rath Street (Renewal) (Expires 2/27/12) (Includes Sunday Sales) 11. Elitte Cafe Bar, 1108 Jefferson Street (New) (Expires 1/4/12) (Includes Sunday Sales) 12. Amalgamated Local 838 UAW, 2615 Washington Liquor License Permit Application Class E 13. E 4th Liquor Store, 735 Logan Avenue (Expires 8/2/11) 14. Hy -Vee Food Store #2, 2181 Logan Avenue (Includes Sunday Sales) 15. Hy -Vee Food Store and Drugstore #4, 4000 (Expires 3/15/12) (Includes Sunday Sales) 16. Hy -Vee Food Store #1, 306 Byron Avenue (Includes Sunday Sales) Wine License Permit Application Class B 17. E 4th Liquor Store, 735 Logan Avenue (Expires 8/2/11) 18. Hy -Vee Food Store #2, 2181 Logan Avenue (Includes Sunday Sales) 19. Hy -Vee Food Store and Drugstore #4, 4000 (Expires 3/15/12) (Includes Sunday Sales) 20. Hy -Vee Food Store #1, 306 Byron Avenue (Includes Sunday Sales) Street (Ownership Change) (transfer from 1027 E. 4th) (Renewal) (Expires 3/23/12) University Avenue (Renewal) (Renewal) (Expires 3/23/12) (transfer from 1027 E. 4th) (Renewal) (Expires 3/23/12) University Avenue (Renewal) (Renewal) (Expires 3/23/12) Sunday Sales Permit Application 21. Barney's, 501 W. 4th Street (Effective 1/30/11) Outdoor Service Area Application 22. Packers Inn, 201 Rath Street c. Motion to receive and file the following: 1. Communication from Iowa Department notification that the DOT proposes to let patching project on I-380 from I-80 north 15, 2011. of Transportation transmitting a Portland Cement Concrete (PCC) to U.S. 218 in Waterloo on March Ayes: Five, and move items 1b5, 1b13 and 1b17 to be discussed after the consent agenda. Absent: Getty, Schmitt. Motion carried. Hart/Greenwood to approve agenda items 1b5, 1b13 and 1b17. Prior to a vote on the above items, the following comments were heard. Renee Carson, 713 Logan Avenue, Common Grounds Logan Avenue Neighborhood Association, I am coming and asking the council to really think about this. We don't want this in our neighborhood Do you know how long it took us to clean Elm block up? And then have this dumped right back in. Where all the drug dealers and everything else can come back in our neighborhood. We are now getting to the place where we can let our kids out. And now to put this liquor store? I don't want it, the neighborhood don't want it. We want our neighborhood to be safe. And its not a safe environment with a liquor store in there. And then we have Remix, a youth organization that's housed right in our building. We don't want that when we got youth coming in our building. We don't want that there. And I want you all to really consider. Its time for the council to say enough is enough. And everybody knows Elm block is a trouble area. We got it cleaned up. We don't want this back in our area no more. We want to enjoy the quality of life too. And then to have it interrupted with this, no. We don't want this. So whatever it takes we don't want it. We got to sit out and picket or do whatever that's what we are gonna do. We don't want it. Charlene Mishler, Common Grounds Neighborhood, 319 Center Street, I've lived in that address for over 30 years. I can tell you right now we already have two liquor stores within two blocks of where this one wants to open up. And a third one that would be within 5 blocks. Last year my husband and I picked up over 2,000 cans and bottles in Common Ground. And we didn't get them all, I'll tell you. We do not need this in our neighborhood. We don't want this in our neighborhood. We cleaned up some of the problems and this is not gonna help. February 7, 2011 Page 4 Raquel Harman, 2028 E. 4th Street, on behalf of remix I am one of the co-founders and we are housed in the upper area of Tri City. Also I am one of the fellow, I was youth of the year for the Boys and Girls Club. I don't believe that it is a good idea to have a liquor store there. There is a lot of youth that live in that community. I can give a testimony of myself. When I was about 18 years old it was easy for me to walk into one of these liquor stores and buy liquor without being asked for i.d. And I find it very terrible that we are just displaying all of these different liquor stores and we are not really thinking, is this really a problem. I believe that it is a problem. Its not going to do anything but cause more violence, I believe. And if you think about it there has in the past couple of years. There's been a lot of violence, a lot of robberies, a lot of murders. A lot of different things like that. So I am completely against it. And also on behalf of the youth we just don't need this. Russell Tidwell, 927 Conger Street, I am hear on behalf of the formerly East 4th Street Liquor Store. And all we are asking for is a transfer of the license. And if the people would think back those who were opposed to us moving that this location at 735 Logan Avenue has been a bar for the last 40 years. And within the last two or three years I think its called Ole School Bar there was no opposition to it. And actually very little trouble in that area. So to blame one move to be to go and saturate this community as to oppose a bar that's been there for like 40 years I think that's just absolutely ridiculous. Plus the other thing, I think people are really confusing what we do. Liquor store, I think they take that out of content. We are a convenience store. And I have proof right here in my hand. The amount of liquor that we buy versus our non- perishable product is double. So its not just completely a liquor store. So I wish people would take that concept out of what we are trying to do. Plus the other factor is that we're in the progress of purchasing this property. One way or another we are going to purchase this under an agreement. So what we're trying to do is expand the business. So we are not there to harm the neighborhood we are there to try to grow the neighborhood so you think a bar is better than a liquor store then that's a misconception there someplace. Roger Weber, Weber Urethane Insulation, we are in the same block. And there is no parking for the bars. And the bars business they do has to be very minimal because there's never anybody there. It is an eyesore with all of the bottles and cans and broken glass and everything else that alcohol leads to. Its just not good at all for the neighborhood. And we don't appreciate all of the mess that we have to pick up in the morning just so we could enjoy our shop and stuff. We've been there since 1974 so we've seen it all. And I'd just like to thank you for that opportunity and I hope you vote no. Reverend Loggins, 233 Oliver Street, I think we really should consider since this is in the 4th Ward and I live in the 4th Ward, I think we really should consider the history not too long past this particular store. We really need to think about that history. We need to consider the fact that no matter how many stores we put up they all seem to sell liquor. They go in as convenience stores, that's true there is no doubt about that. But then as they are there they seem to turn into something different. I would certainly agree with the fact that you have so many young in that area. And especially youth. And especially the fact that Remix is there. That you seriously consider your vote. Now you know I understand whenever there is a nay like when the state changes it. But then there comes a time and you have to. So I would hope that you would consider that. Allan Hayes, University of Northern Iowa, I work an awful lot with the Callition. I would just like to see the city move from trying to deal with these issues on a case by case basis to really totally evaluate. And I know some of you have been working on that to totaling evaluate the weight that liquor licenses are granted. And so that there's consideration of the neighborhood impact. Because this is not just another business. It's a business that we know obviously alcohol is a legal product. Its got to be sold some places as long as its legal. But trying to carefully consider what the impact of the surrounding would be. So we don't have to be back here week after week. Same thing, new liquor license the neighborhood says it has a negative impact, which it does. So I just want to urge you to continue to consider in a wholelistic way on how we can deal with these licenses in such a way that its not gonna have a negative impact and it allows business to do what it needs to do. Pastor Belinda Creghton-Smith, 416 Oliver Street, I am standing here today asking that you seriously consider denying the placement of another liquor store in our community. We know that there is a direct correlation between the granting of a liquor store and having a liquor store in our community with crime, youth violence, etc. It is proven that not only the prevention resource institute but there is a number of agencies and organizations nationally that have done research and determined this to be true. The other statement that I want to make that I would ask you to contemplate is the density the number of February 7, 2011 Page 5 liquor stores in places that sell liquor in a 10 block radius in our communities. And the number that are present in our community versus some other communities. And then the third thing that I would like you to consider to look at is that often times many of my people live in situations that are less than pleasant and to continue to put these kinds of businesses in our community continues to send the message that no one really cares about us. And so, I was kind of thinking about a Michael Jackson song, but really it sends the message that no one really cares about us. And I really don't think that you want to send that message to our community again. And so I just wanted to share those points and pray that you do the right thing. Councilperson Welper, we certainly understand the citizens in your neighborhood and we really appreciate you coming out tonight. But we are sworn to up hold the law and I'm just wondering if Mr. Walsh might explain just what that law is. Jim Walsh, City Attorney, the liquor license has been in existence at this location for many, many years prior to our zoning ordinance. Therefore it's a legal non -conforming use here. And if you turn it down I confidently predict that it will be granted in Des Moines, Iowa. The existence of liquor is a problem that goes beyond our ability to regulate where its sold. And this use is legal at the location in question. I can't think of any reason to give you on why you shouldn't grant it. And if you don't they will in Des Moines, Iowa. Councilperson Greenwood, does the business conform? Is it open now? Is it like a restaurant bar now versus a convenience store/liquor store? Aric Schroeder, City Planner, I did provide a letter regarding the zoning and the conforming status of this property the background for why the Planning & Zoning Department signed off on the transfer of license. The site in question was previously, as I understand it anyway, the last business that was in there was called Ole School Bar. That business is closed but its only been closed for a few months now. Less than one year and one year is the turning point in the zoning ordinance for when a legal non -conforming status would lapse. The site is less than 100 feet from a protected use. There's a church located northwest of the property in question. So the bar that was there was legal non- conforming. The bar closed but its been closed for less than one year. The change from a bar to a convenient store would change it from one non -conforming use to another non -conforming use. And as zoning ordinance does have a prevision allowing for a general rule of the Board of Adjustment that if the change is use is to a use that's permitted in a more restrictive district that that is allowed. Board of Adjustment as approved such an administrative rule. They did it back in 2007 as a blanket rule to cover changing a non -conforming use. For example a use like a bar that would normally be permitted in a C-2 Commercial District to a use like a convenience store that would be permitted in the C-1 Commercial District is considered a change in non -conforming use that's allowed by the zoning ordinance. So based on that the Planning & Zoning office did sign off on the license transfer. Councilperson Hart, when they applied for their license they applied to be a liquor retail place correct? Not a convenience store. So since their moving to a convenience store that's the parameters that the zoning places upon them or how can we actually legislate rather or whether or not its going to be a convenience store? Mr. Schroeder, when you apply for a license there really isn't anything that defines whether that business is a liquor store versus a convenience store other than the zoning ordinance requirements. So when they applied in the documentation that they submitted it did not indicate and it doesn't indicate on any of them that are in that situation. So that's the first question that we had for them: are you going to be a non -limited liquor store or a limited alcohol sales convenience store? And they agreed to be a limited alcohol sales convenience store and they have submitted an affidavit and agreement stating that they will meet those requirements which include no more than 50 percent alcohol sales and no more than 25 percent floor space devoted to alcohol sales. Councilperson Hart, so with the application for licensing where they indicate premises type as a liquor store that is consistent with what is going over in out in the Logan area. Its premises information LE0001250, E. 4th Street Liquor. Premises type it states a liquor store. So now they are moving to a convenience store or limited alcohol use. Is that type of premise listed on the application where they can actually be a limited alcohol sales or is it just liquor store? Mr. Schroeder, to my knowledge its just liquor store. I'm not as involved with the actually alcohol license and the paperwork that you have to file. But its my understanding that the licenses are just broke down on the type of alcohol that you sell: beer, wine, liquor. So I don't think that the application has that indication. February 7, 2011 Page 6 Councilperson Hart, in regards to the visibility and being able to see inside of the proposed store from the outside. All of the ability to be able to look into the window, are all of those types of requirements been met thus far? Or have you received any calls or something about any safety issues? Mr. Schroeder, I have received calls on that. There is nothing in the zoning ordinance where the other angle that was looked at was the building code that would directly require that. But that has been questioned under general home rule police power public safety provisions that cities are entitled to enforce. As to whether or not that's something that could be attached to if the city was going to approve the license requiring additional visibility and safety measures. So its nothing that directly required by the zoning ordinance or building codes so there is nothing that they are technically deficient from a code stand point. But that safety or visibility issue has been raised and could be something that the council addresses. Councilperson Hart, I did receive an e-mail from Councilperson Schmitt who is not here who had asked to at least give this another week to answer some of the safety concerns. Mayor Clark, as many of you might know Councilperson Getty is on vacation today and he did call with his opinion and would like this letter that I received from him to be read into the record. Mayor reads the letter. Hart/Cole to table for 1 week. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Getty, Schmitt. Motion carried. PUBLIC HEARINGS 135898 - Hart/Welper that proof of publication of notice of public hearing on Five Sullivan Brothers Convention Center Duct and Coil Cleaning, as published in the Waterloo Courier on February 4, 2011, be received and placed on file. Ayes: Five. Absent: Getty, Schmitt. Motion carried. 135899 - 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: Five. Absent: Getty, Schmitt. Motion carried. 135900 - Hart/Greenwood that "Resolution confirming approval of specifications, form of contract, etc. in conjunction with Five Sullivan Brothers Convention Center Duct and Coil Cleaning", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-73. 135901 - Hart/Greenwood that "Resolution ordering construction in conjunction with Five Sullivan Brothers Convention Center Duct and Coil Cleaning", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-74. 135902 - Hart/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to Interim Building Official/Maintenance Administrator for review: Bidder Bid Bond Bid Amount Alternate Americlean 1410 Rockford Rd SW Cedar Rapids, IA 52404 5% $148,44.00 $13,060.00 Ayes: Five. Absent: Getty, Schmitt. Motion carried. 135903 - Greenwood/Hart February 7, 2011 Page 7 that proof of publication of notice of public hearing on Development Agreement with Black Hawk Contracting & Development Inc. for the sale and conveyance for $1.00 city -owned property located on East 8th Street from Lafayette and Sycamore Streets, for the construction of 5 new single-family homes, as published in the Waterloo Courier on February 4, 2011, be received and placed on file. Ayes: Five. Absent: Getty, Schmitt. Motion carried. 135904 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Hart that the hearing be closed. Ayes: Five. Absent: Getty, Schmitt. Motion carried. 135905 - Greenwood/Hart that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-75. 135906 - Greenwood/Hart that "Resolution approving said development agreement and authorize Mayor and City Clerk to execute said document", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-76. RESOLUTIONS 135907 - Welper/Hart that "Resolution supporting the City of Cedar Falls 2020 plan -Submitted by Mayor Buck Clark", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-77. 135908 - Welper/Hart that "Resolution approving recommendation of acceptance of bid from CDW Government of Vernon Hills, Illinois in the amount of $37,526.35 for the purchase of computers and related hardware needed for paperless ambulance reporting system -Submitted by Daniel J. Trelka, Director of Safety Services", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-78. 135909 - Welper/Hart that "Resolution approving agreement with Harley-Davidson Cycle Center to lease two Harley Davidson motorcycles at a cost of $125.00 per month per motorcycle for one year, plus routine maintenance; and authorize Mayor to execute said document -Submitted by Daniel J. Trelka, Director of Safety Services", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-79. 135910 - Hart/Greenwood that "Resolution approving the award of bid to John Deere Company of Cary, North Carolina in the amount of $156,658.04 for the 2011 Golf & Downtown Area Maintenance Turf Equipment to be delivered by Van Wall Equipment -Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-80. 135911 - Hart/Greenwood that "Resolution approving the award of bid to John Deere Company of Cary, North Carolina in the amount of $73,671.90 for the 2011 Golf & Downtown Area Maintenance Turf Equipment to be delivered by Waterloo Implement -Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager", be adopted. Ayes: Five. Absent: Getty, Schmitt. February 7, 2011 Page 8 Resolution adopted and upon approval by Mayor assigned No. 2011-81. 135912 - Hart/Greenwood that "Resolution approving request from Richard Penn for an Encroachment Agreement to encroach up to 13" into the public alley for the purpose of constructing 4 parking bollards in the public alley adjacent to 316-320 W. 4th Street -Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Five. Absent: Getty, Schmitt. Richard Penn, 316-320 W. 4th Street, you are here talking about serious money and I am here to ask you for a little bit more space in the alley down there. We've been working on that property and we replaced the wall on the northerly side of that because someone drove into it and we had to rebuild the whole wall. And now that that is done we've asked permission to put four bollards in there. And that was okay but we asked for an encroachment that was actually 19 inches into the alley. Which would allow us to get beyond the 8 feet of limestone foundation that was originally put in for that building. And Planning rightfully looked at the traffic issues and felt that with a 20 foot alley that that encroachment was too large. And in fact we've looked around the neighboring area there and its precisely the same thing that was done across W. 4th Street for Pioneer Graphics. And we've actually set our wall back three inches so we've picked up three inches in terms of the encroachment needed. But the traffic area that was at the most concerned was the traffic that was perpendicular to our alley. That ran from Jefferson Street down to where our alley was between Doughey Joey's and the Subway. That alley is a 15 foot alley and its got bollards placed in it that are on 19 inch centers as well reducing the traffic area there to 13'1 feet. Even with our bollards set at 19 inches which is where we think they really need to be we still have got more access to traffic than either of the alleys across 4th Street or the alley that runs perpendicular. And in addition there's been a three foot concrete abutment that's stuck out in that alley for 80 years and its never really caused a problem that I'm aware of. So we appreciate the council approving this but I know you guys are talking about a lot of money and I'm just asking for 6 more inches to put up 4 posts in that alley. I would hope that you would allow us to protect that wall that we just put up. Mayor Clark, we can't undo what we've done and I don't think there is any desire to do that tonight but the request for the encroachment for 13 inches was granted. If you need 6 more than we will probably have to get another request for 6 inches to either be affirmed or denied. Mr. Penn, we made the request to Planning and in fact we are the only one in that area that has ever requested approval for encroachment for bollards in the alley down there. We requested it and they looked at the traffic issues and concluded that there was some congestion. When the congestion was in the 15 foot alley not in the 20 foot alley. So they approved the 13 inches and now we have to bore down 8 feet of stone to put those in. Mayor Clark, let us go with the action for tonight and I will have a conversation with Planning to see where we are with 6 more. Resolution adopted and upon approval by Mayor assigned No. 2011-82. 135913 - Cole/Welper that "Resolution approving recommendation of award of contract in the amount of $86,710.00 to Advanced Environmental Testing and Abatement, Inc. of Waterloo, Iowa in conjunction with Asbestos Abatement Services for the Hazard Mitigation Grant Program Property Acquisition Project -Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-83. 135914 - Cole/Welper that "Resolution approving Professional Services Agreement with Main Street Waterloo in the amount of $40,000.00 per year for FY 2011 and FY 2012 -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Prior to a vote on the above items, the following comments were heard. Councilperson Hart, I am fully aware of all of the work that Main Street does not just in Waterloo but throughout Iowa but I was wondering why we went from $20,000.00 to $40,000.00 per year? What has changed? Noel Anderson, Community Planning & Development Director, actually last year they were awarded at $40,000.00 the year before it was $30,000.00. Last year council decided to up that amount basing the amount to the activities and February 7, 2011 Page 9 revitalization needed downtown. And so it was at $40,000.00 last year and that's what's proposed for the next two fiscal years. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-84. 135915 - Cole/Welper that "Resolution approving Convention and Visitors Bureau Board recommendations for funding forty (40) FYE2012 hotel/motel tax grant applications in the total amount of $250,000.00 -Submitted by Aaron Buzza, Executive Director of Waterloo Convention & Visitors Bureau", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-85. 135916 - Cole/Welper that "Resolution approving Contract, Bonds and Certificate of Insurance with Peterson Contractors, Inc. of Reinbeck, Iowa in the amount of $1,078,215.75 in conjunction with F.Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801; and authorize Mayor to execute said documents -Submitted by Jamie Knutson, P.E., Associate Engineer", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-86. 135917 - Hart/Welper that "Resolution setting date of hearing as February 21, 2011 to approve a request by the City of Waterloo to vacate 60' x 465' unopened portion of Regent Street, and 60' x 425' unopened portion of Campbell Avenue directly to the west of the intersection of Campbell Avenue and Alice Avenue -Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-87. 135918 - Hart/Welper that "Resolution setting date of hearing as February 21, 2011 to adopt an ordinance granting MidAmerican Energy Company, its successors and assigns, the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the City of Waterloo, Iowa an electric system and communications facilities; and to furnish and sell electric energy to the city and its inhabitants; and authorize the city to collect franchise fees for a period of 10 years -Submitted by Mayor Buck Clark", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-88. 135919 - Hart/Welper that "Resolution setting date of hearing as February 21, 2011 to adopt an ordinance granting MidAmerican Energy Company, its successors and assigns, the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the City of Waterloo, Iowa a natural gas system to furnish and sell natural gas to the city and its inhabitants; and authorize the city to collect franchise fees for a period of 10 years -Submitted by Mayor Buck Clark", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-89. Jim Walsh, City Attorney, there is no provision for the collection of franchise fees at zero percent. ORDINANCES 135920 - Greenwood/Welper that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by Adding a new Article 0, Post -Construction Storm Water Management, of Chapter 4, Storm Water Management Program, of Title 8, Public Utilities", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Getty, Schmitt. Motion carried. OTHER COUNCIL BUSINESS 135921 - Cole/Greenwood February 7, 2011 Page 10 that Change Order No. 1 for a net increase of $64,185.00 for work performed by Plumb Tech Inc. of Waterloo, Iowa in conjunction with Flood Mitigation for Various Building -Submitted by Craig Clark, Interim Building Official/Maintenance Administrator, be received, placed on file and approved. Ayes: Five. Absent: Getty, Schmitt. Motion carried. 135922 - Cole/Greenwood that Change Order No. 1 for a net increase of $1,550.00 for work performed by KW Electric Inc. of Waterloo, Iowa in conjunction with Flood Mitigation for Various Buildings -Submitted by Craig Clark, Interim Building Official/Maintenance Administrator, be received, placed on file and approved. Ayes: Five. Absent: Getty, Schmitt. Motion carried. 135923 - Welper/Hart to instruct Building Official/Maintenance Administrator to prepare specifications, form of contract, etc. in conjunction with Library Third Floor Carpet, be received, placed on file and approved. Ayes: Five. Absent: Getty, Schmitt. Motion carried. 135924 - Welper/Hart that specifications, form of contract, etc. in conjunction with Library Third Floor Carpet, be received and placed on file. Ayes: Five. Absent: Getty, Schmitt. Motion carried. 135925 - Welper/Hart that "Resolution preliminarily approving specifications, form of contract, etc. in conjunction with Library Third Floor Carpet", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-90. 135926 - Welper/Hart that "Resolution instructing City Clerk to publish notice of specifications, form of contract, etc. on the Library Third Floor Carpet and set date of hearing and bid opening as March 14, 2011", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-91. 135927 - Hart/Cole to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Downtown Wayfinding Signage, Contract No. 783, be received, placed on file and approved. Ayes: Five. Absent: Getty, Schmitt. Motion carried. 135928 - Hart/Cole that plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Downtown Wayfinding Signage, Contract No. 783, be received and placed on file. Ayes: Five. Absent: Getty, Schmitt. Motion carried. 135929 - Hart/Cole that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Downtown Wayfinding Signage, Contract No. 783", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-92. 135930 - Hart/Cole that "Resolution instructing City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Downtown Wayfinding Signage, Contract No. 783 and set date of hearing as February 14, 2011. (Project will be let by IDOT on February 15, 2011)", be adopted. Ayes: Five. Absent: Getty, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2011-93. ORAL PRESENTATIONS February 7, 2011 Page 11 135931 - Mitch Biersner, Marketing and Event Coordinator for Main Street Waterloo, just wanted to come in and address the council to say thank you for your support. Main Street Waterloo is getting ready well we are entering our 15th year of being in Waterloo. And we have a lot of good things planned for this up coming year to go with our Fridayloo series. It would be the 10th year for BBQ'loo. We are getting ready and have our plans underway for hanging our flower baskets. We actually also have partnered with you in terms of getting some grant funding to help with the Downtown Waterloo Beautification. With painting some of the light poles and we've got other beautification projects coming up as well. We just wanted to come and say thank you. I just had our last review with the state and they told us that we are a little to humble so we need to start tooting our horn a little bit so that is what I am here doing by taking those first steps. So I just want to say thank you for renewing your commitment with us for the next two years and hopefully for the future. Hart/Welper that the above oral comments be received and placed on file. Ayes: Five. Absent: Getty, Schmitt. Motion carried. ADJOURNMENT 135932 - Hart/Welper that the Council adjourn at 6:22 p.m. Ayes: Five. Absent: Getty, Schmitt. Motion carried. Suzy Sc'4es City Clerk