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HomeMy WebLinkAboutMinutes-03/26/2012March 26, 2012 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Cduncil Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, March 26, 2012. 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. 137643 - Hart/Schmitt that the Agenda, as amended adding an additional party to item #20; for the Regular Session on Monday, March 26, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 137644 - Hart/Schmitt that the Minutes, as proposed, for the March 7, 2012,. Budget Heating; March 15, 2012, Special Session; March 19, 2012, Regular Session, be accepted and approved. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 137645 - Hart/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. 1-41, dated March 26, 2012, in the amount of $2,529,062.32, 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. 2012-251. 2. Request of Paul Wonderly for tax exemptions on improvements totaling $475,000.00 for property located at 622-628 Ansborough Avenue and located in the Consolidated Urban Revitalization Area -Submitted by Chris Western, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2012-252. 3. Request of Ivan Wieland of Screaming Eagle American Bar & Grill, 228 East 4th Street, for a variance to the Noise Ordinance and permission to close a portion of Lafayette Street (between 4th & 5th Streets) starting Thursday, April 5, 2012 and each Thursday through October 2012 from 5:00 p.m. to 11:00 p.m. in conjunction with Bike Night event, including a band and the use of a PA system, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2012-253. 4. Request of Deacon Michael E. Lien of New Living Hope Apostolic Church, 2109 Falls Avenue, for a variance to the Noise Ordinance on April 7, 2012 from 3:00 p.m. to 7:00 p.m. in conjunction with Church Convention 3 year Anniversary event to be held at 2109 Falls Avenue, including a band and the use of a PA system, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2012-254. b. Motion to approve the following: 1. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Rehl-Mason City PD, Anderson - Clear Lake PD LEIN Criminal Intelligence Course Johnston, Iowa April 2- 13, 2012 $1,600.00 March 26, 2012 Page 2 2. 3. 4. 5. 6. Capt. Pillack, Sgt. Feaker, Investigator Saunders, Todd Wilson, Inv. Berry, Officer Roberts, Bellis - CFPD Multi -State Conference Dubuque, Iowa May 2-4, 2012 $2,231.36 Sgt. Fangman, Officer's Savage, Frein, Roberts, Muhlenbruch, Watson, Sadd, Ladage (CFPD), and Jeager (UNI) Midwest Gang Wisconsin Dells, Wisconsin May 20- 23, 2012 $5,356.00 Officer's Hundley, Jurgenson, and Wilson Advanced Vehicle Contraband and Concealment Johnston, Iowa April 5- 6, 2012 $180.00 Pat Treloar, Fire Chief IA Assoc of Professional Chiefs Spring Conference Ames, Iowa April 10-11, 2012 $175.00 Officer Walter & Bovy Police Motorcycle Training Moline, Illinois April 14-16, 2012 $676.00 7. Recommendation of appointment of Benjamin Wagner to the position of Draftsperson, effective March 27, 2012 -Submitted by Eric Thorson, P.E., City Engineer Class C Beer License Permit Application 8. Cork's Grocery, 1956 Lafayette Street (Renewal) (Expires 4/30/13) (Includes Sunday Sales) 9. New Star Liquor, 1309 Lafayette Street (Renewal) (Expires 4/15/13) (Includes Sunday Sales) 10.Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/11/13) (Includes Sunday Sales) Class E Liquor License Permit Application 11.New Star Liquor, 1309 Lafayette Street (Renewal) (Expires 4/15/13) (Includes Sunday Sales) 12.Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/11/13) (Includes Sunday Sales) Class B Wine License Permit Application 13.New Star Liquor, 1309 Lafayette Street (Renewal) (Expires 4/15/13) (Includes Sunday Sales) 14.Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/11/13) (Includes Sunday Sales) Cigarette Permit Application 15.Demi's Blue Martini Lounge, 728 Commercial Street 16.Bonds Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt abstained from the bills payment to Schmitt Telecom. Mayor Clark recognized and welcomed Benjamin Wagner to the position of Draftsperson. March 26, 2012 Page 3 PUBLIC HEARINGS 137646 - Hart/Welper that proof of publication of notice of public hearing on Request of Mobile Money Inc. for the vacation, sale and conveyance of approximately 14.5 foot by 300 foot portion of West 9th Street located between Jefferson Street and Bluff Street, with the portion located between Bluff Street and the alley located in Block 44 of the Original Plat of Waterloo West to be conveyed to Mobile Money Inc. for $750.48 and the portion located between the alley located in Block 44 of the Original Plat of Waterloo West and Jefferson Street to be retained by the City of Waterloo, subject to a condition that Mobile Money Inc. remove the sidewalk located within the area to be vacated and subject to city's retention of a permanent utility easement over, under and upon all, as published in the Waterloo Courier on March 21, 2012, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137647 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Welper that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137648 - Hart/Welper that "an Ordinance vacating approximately 14.5 foot by 300 foot portion of West 9th Street located between Jefferson Street and Bluff Street, with the portion located between Bluff Street and the alley located in Block 44 of the Original Plat of Waterloo West to be conveyed to Mobile Money Inc. for $750.48 and the portion located between the alley located in Block 44 of the Original Plat of Waterloo West and Jefferson Street to be retained by the City of Waterloo, subject to a condition that Mobile Money Inc. remove the sidewalk located within the area to be vacated and subject to city's retention of a permanent utility easement over under and upon all in conjunction with Request of Mobile Money Inc. for the vacation, sale and conveyance of approximately 14.5 foot by 300 foot portion of West 9th Street located between Jefferson Street and Bluff Street, with the portion located between Bluff Street and the alley located in Block 44 of the Original Plat of Waterloo West to be conveyed to Mobile Money Inc. for $750.48 and the portion located between the alley located in Block 44 of the Original Plat of Waterloo West and Jefferson Street to be retained by the City of Waterloo, subject to a condition that Mobile Money Inc. remove the sidewalk located within the area to be vacated and subject to city's retention of a permanent utility easement over, under and upon all", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137649 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137650 - Hart/Welper that "an Ordinance vacating approximately 14.5 foot by 300 foot portion of West 9th Street located between Jefferson Street and Bluff Street, with the portion located between Bluff Street and the alley located in Block 44 of the Original Plat of Waterloo West to be conveyed to Mobile Money Inc. for $750.48 and the portion located between the alley located in Block 44 of the Original Plat of Waterloo West and Jefferson Street to be retained by the City of Waterloo, subject to a condition that Mobile Money Inc. remove the sidewalk located within the area to be vacated and subject to city's retention of a permanent utility easement over under and upon all in conjunction with Request of Mobile Money Inc. for the vacation, sale and conveyance of approximately 14.5 foot by 300 foot portion of West 9th Street located between Jefferson Street and Bluff Street, with the portion located between Bluff Street and the alley located in Block 44 of the Original Plat of Waterloo West to be conveyed to Mobile Money Inc. for $750.48 and the portion located between the alley located in Block 44 of the Original Plat of Waterloo West and Jefferson Street to be retained by the City of Waterloo, subject to a condition that Mobile Money Inc. remove the sidewalk located within the area to be vacated and subject to city's retention of a permanent utility easement over, under and upon all", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5100. March 26, 2012 Page 4 137651 - Hart/Welper that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly in conjunction with Request of Mobile Money Inc. for the vacation, sale and conveyance of approximately 14.5 foot by 300 foot portion of West 9th Street located between Jefferson Street and Bluff Street, with the portion located between Bluff Street and the alley located in Block 44 of the Original Plat of Waterloo West to be conveyed to Mobile Money Inc. for $750.48 and the portion located between the alley located in Block 44 of the Original Plat of Waterloo West and Jefferson Street to be retained by the City of Waterloo, subject to a condition that Mobile Money Inc. remove the sidewalk located within the area to be vacated and subject to city's retention of a permanent utility easement over, under and upon all", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-255. 137652 - Schmitt/Greenwood that proof of publication of notice of public hearing on Rezone from approximately 0.34 acres from "C -P" Planned Commercial District to "R -4,R -P" Planned Residence District, property located at 820 Sycamore Street for construction of a multi -family housing development, as published in the Waterloo Courier on March 21, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137653 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Greenwood that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137654 - Schmitt/Greenwood that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Rezoning Certain Property in conjunction with Rezone from approximately 0.34 acres from "C -P" Planned Commercial District to "R -4,R -P" Planned Residence District, property located at 820 Sycamore Street for construction of a multi- family housing development", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137655 - Schmitt/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137656 - Schmitt/Greenwood that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred .to in Section 10- 4-4, Rezoning Certain Property in conjunction with Rezone from approximately 0.34 acres from "C -P" Planned Commercial District to "R -4,R -P" Planned Residence District, property located at 820 Sycamore Street for construction of a multi- family housing development", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5101. 137657 - Getty/Hart that proof of publication of notice of public hearing on Rezone approximately 1,710 square feet from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located north of 1019 South Street to legalize an existing parking area for the adjacent Kwik Star store, as published in the Waterloo Courier on March 21, 2012, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137658 - 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 recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. March 26, 2012 Page 5 137659 - Getty/Hart that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Rezoning Certain Property in conjunction with Rezone approximately 1,710 square feet from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located north of 1019 South Street to legalize an existing parking area for the adjacent Kwik Star store", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137660 - Getty/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137661 - Getty/Hart that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Rezoning Certain Property in conjunction with Rezone approximately 1,710 square feet from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located north of 1019 South Street to legalize an existing parking area for the adjacent Kwik Star store", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5102. 137662 - Greenwood/Schmitt that proof of publication of notice of public hearing on Request by Kwik Trip, Inc. to rezone approximately 8,277.5 square feet from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located at 519 W 8th Street, 1009 South Street, and 1017 South Street for construction of additional parking for the adjacent Kwik Star store, as published in the Waterloo Courier on March 21, 2012, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137663 - 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, Programming and Zoning Commission, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137664 - Greenwood/Schmitt that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Rezoning Certain Property in conjunction with Request by Kwik Trip, Inc. to rezone approximately 8,277.5 square feet from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located at 519 W 8th Street, 1009 South Street, and 1017 South Street for construction of additional parking for the adjacent Kwik Star store", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137665 - Greenwood/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137666 - Greenwood/Schmitt that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Rezoning Certain Property in conjunction with Request by Kwik Trip, Inc. to rezone approximately 8,277.5 square feet from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located at 519 W 8th Street, 1009 South Street, and 1017 South Street for construction of additional parking for the adjacent Kwik Star store", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5103. March 26, 2012 Page 6 137667 - Schmitt/Greenwood that proof of publication of notice of public hearing on Request of Hy -Vee; Inc. to rezone approximately 1.26 acres from "R-1" One and Two Family •Residence District to "C-2" Commercial District, property located at 3700 :University Avenue to legalize an existing mini -storage business, as published in the Waterloo Courier on March 21, 2012, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137668 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Greenwood that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137669 - Schmitt/Greenwood that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Rezoning Certain Property in conjunction with Request of Hy -Vee, Inc. to rezone approximately 1.26 acres from "R-1" One and Two Family Residence District to "C-2" Commercial District, property located at 3700 University Avenue to legalize an existing mini -storage business", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137670 - Schmitt/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137671 - Schmitt/Greenwood that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Rezoning Certain Property in conjunction with Request of Hy -Vee, Inc. to rezone approximately 1.26 acres from "R-1" One and Two Family Residence District to "C-2" Commercial District, property located at 3700 University Avenue to legalize an existing mini -storage business", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5104. 137672 - Welper/Schmitt that proof of publication of notice of public hearing on Request of Dolly James, LLC for a site plan amendment to the "R -4,R -P" Planned Residence District, property generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street to allow for the construction of a multi -family housing development, as published in the Waterloo Courier on March 21, 2012, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137673 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Schmitt that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. Mayor Clark noted that there will be a fence around the neighborhood but it will not be locked. 137674 - Welper/Schmitt that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Approving a Site Plan Amendment on Certain Property in conjunction with Request of Dolly James, LLC for a site plan amendment to the "R -4,R -P" Planned Residence District, property generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street to allow for the construction of a multi -family housing development", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. March 26, 2012 Page 7 137675 - Welper/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137676 - Welper/Schmitt that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Approving a Site Plan Amendment on Certain Property in conjunction with Request of Dolly James, LLC for a site plan amendment to the "R -4,R -P" Planned Residence District, property generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street to allow for the construction of a multi -family housing development", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5105. 137677 - Hart/Welper that proof of publication of notice of public hearing on Request of Kwik Trip, Inc. for the vacation, sale and conveyance of city -owned property generally located in an alley located within Block 7 of Does Addition subject to the retention of a utility easement over, under and upon the area to be vacated, and subject to the applicant constructing driveways off of South Street for 1009 South Street and 1017 South Street to allow for construction of additional parking for the adjacent Kwik Star store at a cost of $6,000.00, as published in the Waterloo Courier on March 21, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137678 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Welper that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 137679 - Hart/Welper that "an Ordinance vacating an alley located within Block 7 of Does Addition subject to the retention of a utility easement over, under and upon the area to be vacated, and subject to the applicant constructing driveways off of South Street for 1009 South Street and 1017 South Street in conjunction with Request of Kwik Trip, Inc. for the vacation, sale and conveyance of city -owned property generally located in an alley located within Block 7 of Does Addition subject to the retention of a utility easement over, under and upon the area to be vacated, and subject to the applicant constructing driveways off of South Street for 1009 South Street and 1017 South Street to allow for construction of additional parking for the adjacent Kwik Star store at a cost of $6,000.00", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137680 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137681 - Hart/Welper that "an Ordinance vacating an alley located within Block 7 of Does Addition subject to the retention of a utility easement over, under and upon the area to be vacated, and subject to the applicant constructing driveways off of South Street for 1009 South Street and 1017 South Street in conjunction with Request of Kwik Trip, Inc. for the vacation, sale and conveyance of city -owned property generally located in an alley located within Block 7 of Does Addition subject to the retention of a utility easement over, under and upon the area to be vacated, and subject to the applicant constructing driveways off of South Street for 1009 South Street and 1017 South Street to allow for construction of additional parking for the adjacent Kwik Star store at a cost of $6,000.00", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5106. March 26, 2012 Page 8 137682 - Hart/Welper that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly in conjunction with Request of Kwik Trip, Inc. for the vacation, sale and conveyance of city -owned property generally located in an alley located within Block 7 of Does Addition subject to the retention of a utility easement over, under and upon the area to be vacated, and subject to the applicant constructing driveways off of South Street for 1009 South Street and 1017 South Street to allow for construction of additional parking for the adjacent Kwik Star store at a cost of $6,000.00", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-256. 137683 - Getty/Hart that proof of publication of notice of public hearing on Request of Dolly James, LLC to vacate any and all easement located within the area generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street to allow for the construction of a multi- family housing development, as published in the Waterloo Courier on March 21, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137684 - 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 recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137685 - Getty/Hart that "an Ordinance vacating any and all easement located within the area generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street in conjunction with Request of Dolly James, LLC to vacate any and all easement located within the area generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street to allow for the construction of a multi -family housing development", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137686 - Getty/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137687 - Getty/Hart that "an Ordinance vacating any and all easement located within the area generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street in conjunction with Request of Dolly James, LLC to vacate any and all easement located within the area generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street to allow for the construction of a multi -family housing development", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5107. 137688 - Getty/Hart that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly in conjunction with Request of Dolly James, LLC to vacate any and all easement located within the area generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street to allow for the construction of a multi -family housing development", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-257. Mayor Clark recognized all the new projects in the City on the agenda. March 26, 2012 Page 9 RESOLUTIONS 137689 - Cole/Hart that "Resolution approving agreement with Silver Eagle Harley-Davidson/Buell 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 Dan Trelka, Director of Safety Services", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-258. 137690 - Cole/Hart that "Resolution approving submission of Black Hawk County Gaming Association grant application in the amount of $50,000.00 to be used for Cedar Valley SportsPlex marketing program; and authorize Mayor to execute said document - Submitted by Mark Gallagher, Sports Manager", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-259. 137691 - Cole/Hart that "Resolution approving Contracts, Bonds and Certificates of Insurance in the amount of $51,956.00 with B & B Builders & Supply of Waterloo, Iowa in conjunction with 2012 Sullivan Park Shelter Project; and authorize Mayor and City Clerk to execute said documents -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-260. 137692 - Greenwood/Schmitt that "Resolution approving Contracts, Bonds and Certificates of Insurance in the amount of $89,075.00 with Aspro, Inc. of Waterloo, Iowa in conjunction with 2012 Highland Park Basketball & Tennis Court Project; and authorize Mayor and City Clerk to execute said documents -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Roll call vote -Ayes: Seven. Mr. Jones questioned the current Mayor Clark noted that there plan to provide is not currently access to a plan but San Souci Island. one probably will and the include a boat ramp in the future. Noel Anderson, Community Planning Development Director, noted that public access would still be available near trails. Resolution adopted and upon approval by Mayor assigned No. 2012-261. 137693 - Greenwood/Schmitt that "Resolution approving a lease agreement with Janet Kendall -Post to lease city owned property located on Riverside Drive just west of 903 Riverside Drive for $1.00 per year; and authorize Mayor and City Clerk to execute said document - Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-262. 137694 - Greenwood/Schmitt that "Resolution approving a lease agreement with George A. Ryan and Loretta R. Ryan to lease city owned property located on Riverside Drive just east of 727 Riverside Drive for $1.00 per year; and authorize Mayor and City Clerk to execute said document -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-263. 137695 - Greenwood/Schmitt that "Resolution approving a lease agreement with Darlyne Yagla to lease city owned property located on Riverside Drive just south of 509 Riverside Drive for $1.00 per year; and authorize Mayor and City Clerk to execute said document - Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-264. March 26, 2012 Page 10 137696 - Schmitt/Welper that "Resolution approving request of Dolly James, LLC to dedicate the necessary easements within an area bounded by the Cedar River, Sycamore Street, East 8th Street, and the railroad tracks to allow for the construction of a multi -family housing development -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-265. 137697 - Schmitt/Welper that "Resolution resetting date of hearing and bid opening on the F.Y. 2012 Street Reconstruction Program, Contract No. 819 as April 9, 2012 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc - Submitted by Dennis Gentz, P.E., Assistant City Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-266. 137698 - Schmitt/Welper that "Resolution approving amendment to Development Agreement with Dolly James LLC to add wording for a grant payment in the amount of $14,528.99; and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-267. 137699 - Hart/Welper that "Resolution approving Real Estate Sale Contract with Jerry Lew Makedonski and Debra K. Makedonski for the acquisition of 1823 Black Hawk Street in the amount of $55,000.00 with up to $10,000.00 in city environmental and closing costs; and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-268. 137700 - Hart/Welper that "Resolution approving First amendment to Land Lease Agreement with Fidelity Towers to lease a cell tower at C.A. Morris Park; and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-269. 137701 - Hart/Welper that "Resolution approving Memorandum of Lease with Fidelity Towers to lease a cell tower at C.A. Morris Park; and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-270. 137702 - Cole/Getty that "Resolution approving Memorandum of Lease with Fidelity Towers to lease a cell tower at C.A. Morris Park; and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-271. March 26, 2012 Page 11 137703 - Cole/Getty that "Resolution approving an agreement with Sycam Orr LLC for property iodated at 616-622 Sycamore Street to allow for a skywalk connection between private building and city parking ramp; and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Mr. Jones asked for clarification if Sycam would be paying for the skywalk and Mayor Clark reported that they would be paying the expense. Resolution adopted and upon approval by Mayor assigned No. 2012-272. 137704 - Cole/Getty that "Resolution approving Early Access Agreement with Northeast Iowa Food Bank, Inc., to allow for work to begin on their new facility in Rath, area prior to closing on the property; and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-273. 137705 - Cole/Getty that Change Order No. 1 for a net increase of $28,495.00 to add 910 West Shaulis Road and 218 West Mullan Avenue for work performed by Lehman Trucking & Excavating Inc. of Waterloo, Iowa in conjunction with Demolition and Site Clearance Services (no regulated asbestos -containing materials); and authorize Mayor and City Clerk to execute said documents -Submitted by Noel Anderson, Community Planning & Development Director, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 137706 - Cole/Getty that "Resolution approving City of Waterloo Driveway and Sidewalk Specifications for use by contractors and property owners starting with the 2012 construction season -Submitted by Wayne Castle, PLS, EI, Associate Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-274. ORDINANCES 137707 - Getty/Hart that "an Ordinance amending the 7-1-2B Snow and Ice Removal in conjunction with Snow and Ice Removal (Clarifying Property Owners Responsibility)", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137708 - Getty/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137709 - Getty/Hart that "an Ordinance amending the 7-1-2B Snow and Ice Removal in conjunction with Snow and Ice Removal (Clarifying Property Owners Responsibility)", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5108. March 26, 2012 Page 12 OTHER COUNCIL BUSINESS 137710 - Schmitt/Hart that "Resolution setting date of hearing as April 9, 2012 to approve a request by Invision Architecture on behalf of the Waterloo Community School District to rezone 20.56 acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District, property located at the northeast corner of Kimball Avenue and East Orange Road in connection with the new Orange Elementary School, generally located at the northeast corner of Kimball Avenue and East Orange Road; and instruct City Clerk to publish notice -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-275. 137711 - Schmitt/Hart that "Resolution setting date of hearing as April 9, 2012 to approve the vacation of a portion of West 2nd Street located between Jefferson Street and Washington Street, a portion of Washington Street from West 3rd Street to West 2nd Street, and a portion of the public alleys located in Block 13 and Block 14 of Original Plat of Waterloo West, to allow for the development of a new 130,000 square foot recreational and athletic indoor sports facility (Cedar Valley Sportsplex); and instruct City Clerk to publish notice -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-276. 137712 - Schmitt/Hart that "Resolution setting date of hearing as April 9, 2012 to approve request by Waterloo Development Corporation and the City of Waterloo to rezone the area bonded by Jefferson Street, West 1st Street, West 3rd Street and Washington Street from "M-1" Light Industrial District to "C-3" Central Business District, to allow for the development of a new 130,000 square foot recreational and athletic indoor sports facility (Cedar Valley Sportsplex); and instruct City Clerk to publish notice -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-277. 137713 - Hart/Welper to instruct Community Planning & Development Director to prepare plans, specifications, form of contract, etc. in conjunction with Request for Proposal for Demolition and Site Clearance Services (no regulated asbestos -containing materials) for 820 and 910 Sycamore Streets, 1518 West 4th Street, be approved. Voice vote -Ayes: Seven. Motion carried. 137714 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with Request for Proposal for Demolition and Site Clearance Services (no regulated asbestos - containing materials) for 820 and 910 Sycamore Streets, 1518 West 4th Street, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137715 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with Request for Proposal for Demolition and Site Clearance Services (no regulated asbestos -containing materials) for 820 and 910 Sycamore Streets, 1518 West 4th Street", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-278. 137716 - Hart/Welper that "Resolution setting date of hearing and bid opening as April 9, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with Request for Proposal for Demolition and Site Clearance Services (no regulated asbestos -containing materials) for 820 and 910 Sycamore Streets, 1518 West 4th Street", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-279. March 26, 2012 Page 13 ORAL PRESENTATIONS Brian Rath, Treatment Operator Supervisor, reported that the new ordinance would change the snow ordinance to give residents 48 hours to clear the sidewalk if there is more than 2 inches of snow. 137717 - Hart/Getty that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 137718 - Hart/Getty that the Council adjourn at 6:16 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy S hares City lerk