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HomeMy WebLinkAboutMinutes-05/29/2012May 29, 2012 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 Tuesday, May 29, 2012. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: 138046 - Hart/Getty Sandie Greco, Superintendent of Traffic Operations. that the Agenda, as amended by changing the event information for item la7 and deleting item #31 and adding #38 awarding a contract, for the Regular Session on Tuesday, May 29, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 138047 - Hart/Getty that the Minutes, as proposed, for the Regular Session on Monday, May 21, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Charles Peyton gave a presentation of the Poppy Exhibit for the VFW #1623. Mayor Clark read a Proclamation commending Dixie Smith, Dixie School of Dance, for her 60 years of outstanding service to the citizens of Waterloo and the entire Cedar Valley and declaring Saturday, June 2, 2012 as Dixie Smith Day. CONSENT AGENDA 138048 - Hart/Cole that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Accounts Payable Invoice Report, pp. 1-27, in the amount of $1,454,131.27, 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. 2012-485. 2. Request of Mark C. Reis for a concrete driveway to be located at 178 Trible Road, together with recommendation of approval of City Engineer - Submitted by Eric Thorson, P.E., City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2012-486. 3. Request of Brent Williams for a concrete driveway to be located at 1515 and 1517 Black Hawk Road, together with recommendation of approval of City Engineer -Submitted by Eric Thorson, P.E., City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2012-487. 4. Request of Angie Stoneman for tax exemptions on improvements totaling $122,000.00 for property located at 303 Monroe Street and located in the Consolidated Urban Revitalization Area (CURA)-Submitted by Chris Western, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2012-488. 5. Request of My Waterloo Days Committee for a variance to Ordinance to hold My Waterloo Days People in the Park event live band and PA system on Thursday, May 31, 2012 from 10:30 p.m. and on Friday, June 1, 2012 from 10:30 a.m. to 2:30 permission to fence posts, Safety the Noise to include am to 9:00 p.m., with close surrounding streets, bag the meters and placement of together with recommendation of approval of Director of Services -Submitted by Joe Leibold, Captain of Police Services. Resolution adopted and upon approval by Mayor assigned No. 2012-489. May 29, 2012 Page 2 6. Request of My Waterloo Days Committee to hold My Waterloo Days parade event on Friday, June 1, 2012 to start at 6:00 p.m., with parade route to start on Park Avenue and Bluff Street, travel north on Park Avenue, turn east at Mulberry Street, turn south at 5th Street, travel south to Jefferson Street, with permission to close afore said streets and bag the meters together with recommendation of approval of Director of Safety Services -Submitted by Joe Leibold, Captain of Police Services. Resolution adopted and upon approval by Mayor assigned No. 2012-490. 7. Request of My Waterloo Days Committee for a variance to the Noise Ordinance to hold My Waterloo Days Evening at the Expo event and/or Lincoln Park event to include live band and PA system on Friday, June 1, 2012 from 5:00 p.m. to 12:00 a.m., with permission to close surrounding streets, together with recommendation of approval of Director of Safety ,Services -Submitted by Joe Leibold, Captain of Police Services. Resolution adopted and upon approval by Mayor assigned No. 2012-491. 8. Request of My Waterloo Days Commission to hold My Waterloo Days 5K walk/run event on Saturday, June 2, 2012, with permission to barricade streets, together with recommendation of approval of Director of Safety Services -Submitted by Joe Leibold, Captain of Police Services. Resolution adopted and upon approval by Mayor assigned No. 2012-492. 9. Request of My Waterloo Days Committee to hold My Waterloo Days Fireworks/Laser Light Show event on Saturday, June 2, 2012 from 4:00 p.m. to 12:00 a.m., with permission to hold the event on grounds surrounding Waterloo Regional Airport, together with recommendation of approval of Director of Safety Services -Submitted by Joe Leibold, Captain of Police Services. Resolution adopted and upon approval by Mayor assigned No. 2012-493. 10.Request of My Waterloo Days Committee to hold My Waterloo Days Dragon Boat Race and Waterhawks Ski Show on Saturday, June 2, 2012 for practice and Sunday, June 3, 2012 for the actual event, with permission to use the Boat House, together with recommendation of approval of Director of Safety Services -Submitted by Joe Leibold, Captain of Police Services. Resolution adopted and upon approval by Mayor assigned No. 2012-494. 11.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 806 Ash Street $3,600.00 304 Sumner Street $3,850.00 Resolution adopted and upon approval by Mayor assigned No. 2012-495. 12.Request of VFW Post 138 to hold annual Poppy Sale on June 1-2, 2012 at Hy - Vee Stores located on University, Logan, Crossroads and Byron; Fareway, Wal-Mart, K -Mart and Farmers Market -Submitted by Suzy Schares, City Clerk. Resolution adopted and upon approval by Mayor assigned No. 2012-496. b. Motion to approve the following: 1. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Mayor Buck Clark Mayors' Volunteer Awards Luncheon; Mayors' Top Teen Awards Reception Waterloo, Iowa April 19, 2012 $550.00 May 29, 2012 2. Mayor Clark's recommendation of the following appointments: Page 3 Appointee Board/Commission Expiration Date New or Re - Appointment Cyd McHone Waterloo Convention Visitors Bureau and June 30, 2015 Re -Appointment Chawne Paige g Waterloo Convention Visitors Bureau and June 20, 2015 New Appointment Class B Native Wine License Permit Application 3. Plaid Peacock, 316 W. 3rd Street (New) (Expires 2/3/2013) 4. Calico Hen House, 1022 Alabar Avenue (New) (Expires 2/27/2013) Class C Liquor License Permit Application 5. Diamond Daves Crossroads, 124 Crossroads Boulevard (Renewal) (Expires 5/14/2013) Includes Sunday Sales 6. The Broken Record, 315 W. Sunday Sales 4th Street (New) (Expires 5/25/2013) Includes Class B Beer License Permit Application 7. Main Street Waterloo, Lincoln Park (Transfer to 2790 Livingston Lane Airport Outside Field on June 2, 2012) 8. Main Street Waterloo, Lincoln Park (Transfer to 707 Park Road - Cedar River Park Outside on June 3, 2012) 9. Bonds Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 138049 - Schmitt/Greenwood that proof of publication of notice of public hearing on F.Y. 2012 Sidewalk Inspection and Repair Assessment Program - Zone 2, Contract No. 824, as published in the Waterloo Courier on May 24, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 138050 - This being the time and place of public hearing, the Mayor called for written and oral objections. Mike Cowings, 1203 W. 2❑d St., spoke in opposition to the guidelines and expressed concern with the consistency of the program. He questioned where the guidelines are kept because the City Code is vague. He asked that the program be placed on hold until the consistency issue can be addressed. Eric Thorson, City Engineer, reported that the ordinance is online and the guidelines are in the Code. He reported that he will check into the consistency and the Ordinance does require full squares to be repaired. Mayor Clark reported that there is a re -inspection process and citizens can work with the staff to get that scheduled. Ibrahim Shehata, 330 South Street, expressed concern with the condition of the alleys near his property. Bill Zak, 800 Campbell Avenue, spoke in opposition of the assessments. Joshua Dale, 106 Locust, expressed concern with the condition of the alley and his inability to pay to have the sidewalk repaired. David Youngblut, 315 Randall Street, reported that his sidewalk was not marked but he received a letter. Crystal Haus-Baumgartner, 205 Denver Street, spoke in opposition to the assessment because the damage is caused by the snowplows. She expressed concern with the alley near her property because it is grated to high and is creating a drainage issue. Verla Paulson, 115 Home Park Blvd., questioned if only City bonded people can repair the sidewalk. She questioned the need to lower the water valve. May 29, 2012 Page 4 Eric Thorson, City Engineer, reported that those who repair the sidewalk need to be bonded and take out the permit. He explained that the water valve needs to be maintained to not cause a tripping hazard. Zhibko Radv, 311 Vermont Street, expressed concern with the report as it has discrepancies. Getty/Hart that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 138051 - Schmitt/Hart that "Resolution adopting Proposed Resolution of Necessity, as proposed or amended in conjunction with F.Y. 2012 Sidewalk Inspection and Repair Assessment Program - Zone 2, Contract No. 824", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-497. 138052 - Getty/Hart that proof of publication of notice of public hearing on Rehabilitate Airfield Electrical Vault at Waterloo Regional Airport, as published in the Waterloo Courier on May 24, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 138053 - 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. Voice vote -Ayes: Seven. Motion carried. 138054 - Getty/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Rehabilitate Airfield Electrical Vault at Waterloo Regional Airport", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-498. 138055 - Getty/Hart that "Resolution ordering construction in conjunction with Rehabilitate Airfield Electrical Vault at Waterloo Regional Airport", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-499. 138056 - Getty/Hart Bidder Bid Security Bid Amount K& W Electric, Inc. 1127 Lincoln Street P.O. Box 967 Cedar Falls, IA 50613 5% $865,905.00 Voice vote -Ayes: Seven. Motion carried. 138057 - Hart/Welper that "Resolution to elect classifications and procedures for proposed bond projects listed in the Requested G.O. Bonds FY2012 Summary -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-500. 138058 - Jones/Hart that proof of publication of notice of public hearing on the issuance of not to exceed $8,600,000 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay costs of the acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control, storm water and drainage improvements; the construction, reconstruction and repairing of street, sidewalk and intersection improvements; the acquisition, construction and installation of storm sewer and May 29, 2012 Page 5 sanitary sewer improvements, including ,treatment plant effluent disinfection and other waste management facilities and improvements; the acquisition, construction, improvement and repair of bridges; 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 sports facilities, boating center, tennis, dog park and bikeway improvements; the acquisition, improvement and installation of traffic control devices, signage, fixtures, equipment and improvements, including but not limited to traffic signal, traffic safety and street light improvements; the acquisition and demolition of dangerous or dilapidated buildings, structures or properties; and the acquisition, equipping and improving of the automated GIS/GPS mapping system, as published in the Waterloo Courier on May 24, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 138059 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Cole/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 138060 - Cole/Hart that "Resolution to institute proceedings to take additional action of issuance of said bonds", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-501. 138061 - Jones/Hart that proof of publication of notice of public hearing on the issuance of not to exceed $120,000.00 of General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay costs of the aiding in the planning, 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 Downtown Waterloo Riverfront Urban Renewal and Redevelopment Area, including costs associated with the downtown development plan, and demolition costs, as published in the Waterloo Courier on May 24, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 138062 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Cole/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 138063 - Cole/Hart that "Resolution to institute proceedings to take additional action of issuance of said bonds", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-502. 138064 - Jones/Hart that proof of publication of notice of public hearing on the issuance of not to exceed $590,000.00 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the acquisition of vehicles for the Building Inspection, Maintenance, Engineering and Leisure Services Departments; acquisition of off-road maintenance equipment for the parks, golf course, and downtown departments; and acquisition of radio communication equipment for Public Works, and shall bear interest at a rate not exceeding the maximum specified in the attached notice, as published in the Waterloo Courier on May 24, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 138065 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Cole/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. May 29, 2012 Page 6 138066 - Cole/Hart that "Resolution to institute proceedings to take additional action of issuance of said bonds", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-503. 138067 - Jones/Hart that proof of publication of notice of public hearing on the issuance of not to exceed $655,000.00 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the reconstruction, renovation, remodeling, improvement, equipping and repairing of various City buildings and facilities, including Police Training Center and Station improvements, Public Library, Council Chambers, Five Sullivan Brothers Center, Downtown Parking Garages, the Center for the Arts, Youth Pavilion, and ADA compliance improvements, and shall bear interest at a rate not exceeding the maximum specified in the attached notice, as published in the Waterloo Courier on May 24, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 138068 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Cole/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 138069 - Cole/Hart that "Resolution to institute proceedings to take additional action of issuance of said bonds", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-504. 139070 - Cole/Hart that proof of publication of notice of public hearing on the issuance of not to exceed $630,000.00 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the reconstruction, renovation and improvements to the Young Arena, Riverfront Stadium, and the Public Market Facility; computer upgrades; parking meter improvements; swimming pool renovations; the improvement of City golf courses; and development and equipping a site for City use of natural gas as fuel for City vehicles, and shall bear interest at a rate not exceeding the maximum specified in the attached notice, as published in the Waterloo Courier on May 24, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139071 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Cole/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 139072 - Cole/Hart that "Resolution to institute proceedings to take additional action of issuance of said bonds", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-505. 139073 - Cole/Hart that proof of publication of notice of public hearing on the issuance of not to exceed $700,000.00 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of acquisition, construction, improvement and equipping City facilities, including a new Public Works building, and shall bear interest at a rate not exceeding the maximum specified in the attached notice, as published in the Waterloo Courier on May 24, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139074 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Cole/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. May 29, 2012 139075 - Cole/Hart Page 7 that "Resolution to institute proceedings to take additional action of issuance of said bonds", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-506. 139076 - Cole/Hart that proof of publication of notice of public hearing on the issuance of not to exceed $6,950,000.00 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of refunding outstanding general obligation indebtedness of the City, consisting of the General Obligation Bonds, Series 2003A, dated June 15, 2003, General Obligation Bonds, Series 2005A, dated June 1, 2005, and General Obligation Bonds, Series 2005B, dated June 1, 2005, as published in the Waterloo Courier on May 24, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139077 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Cole/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 139078 - Cole/Hart that "Resolution to institute proceedings to take additional action of issuance of said bonds", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-507. 139079 - Cole/Hart that proof of publication of notice of public hearing on the issuance of not to exceed $750,000 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay costs of remediation, replacement and improvement of property, buildings, equipment, and public facilities that have been damaged by a disaster as defined in Section 29C.2 and that are located in an area that the President of the United States has declared a major disaster (FEMA -DR -1763), including the relocated Public Works building/Central Garage Facilities Centralization project, as published in the Waterloo Courier on May 24, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139080 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Cole/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 139081 - Cole/Hart that "Resolution to institute proceedings to take additional action of issuance of said bonds", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-508. 139082 - Hart/Greenwood that proof of publication of notice of public hearing on FYE2012 Budget Amendment, as published in the Waterloo Courier on May 17, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139083 - 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. Voice vote -Ayes: Seven. Motion carried. 139084 - Hart/Greenwood that "Resolution to approve said budget amendment in conjunction with FYE2012 Budget Amendment", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-509. May 29, 2012 RESOLUTIONS 139085 - Greenwood/Schmitt Page 8 that "Resolution directing the advertisement for sale of $8,040,000.00 General Obligation Bonds, Series 2012A, $5,470,000.00 General Obligation Refunding Bonds, Series 2012B and $5,205,000.00 General Obligation Bonds, Taxable Series 2012C, setting the sale date as June 5, 2012 and approving electronic bidding procedures for the sales -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-510. 139086 - Greenwood/Schmitt that "Resolution approving award of bid and contract to DeBoef Grinding of New Sharon, Iowa in the amount of $34,800.00 to grind the stockpile of brush at the City's yard waste site located at Waste Management Service 3505 Easton Avenue; and authorize Mayor and City Clerk to execute said document -Submitted by Keith Kerns, Waste Management Services Collection Systems/Maintenance Supervisor", be adopted. Roll call vote -Ayes: Seven. Mr. Schmitt reported that he has received concerns from citizens on commercial dumping at the yard waste site. He asked what security is in place and questioned what can be done to remedy this issue. Keith Kearns, Collective System Maintenance Supervisor, reported that that problem is ongoing and the City has checked license plates but it backs up traffic. He suggested there is little that can be done without added personnel. There are guards there for eight hours a day. Surrounding communities have shorter hours. Mayor Clark reported that there have been work sessions in the past but none of the suggestions have worked. Mr. Greenwood reported that the grinder being brought in will be larger and will allow the grinding to get caught up. Mr. Schmitt asked staff to monitor the impact of commercial dumping and evaluate if this is the main cause of the overflow. If it is, he suggested Council hold a work session to discuss the issue. Mayor Clark made a plea to the citizens and contractor's to obey the rules and regulations for the yard waste site. Resolution adopted and upon approval by Mayor assigned No. 2012-511. 139087 - Greenwood/Schmitt that "Resolution approving Contract 08-DRH-211 Amendment No. 11 to decrease the award amount by $525,000.00 from the Multi -Family New Production line item for the submission to the Iowa Economic Development Authority -Submitted by Nancy Gulick, Community Development Coordinator", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-512. 139088 - Schmitt/Hart that "Resolution approving Contract 08-DRH-011 Amendment No. 14 to increase the award amount by $698,746.00 for Round 4 Single Family New Construction and extend the end date to April 30, 2014 for the submission to the Iowa Economic Development Authority -Submitted by Nancy Gulick, Community Development Coordinator", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-513. 139089 - Schmitt/Hart that "Resolution approving request to name a portion of vacated Elm Street in the 300 block as Private Elm Street -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-514. May 29, 2012 139090 - Schmitt/Hart Page 9 that "Resolution approving request to vacate, sell and convey a portion of Almond Street right-of-way at the intersection of Almond Street and Logan Avenue to FEPH-Acquisitions Fund 1I, LLC for $1.00 to allow for the construction of a new CVS Pharmacy -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-515. 139091 - Welper/Hart that "Resolution approving Lease Agreement with Wendell Lupkes in the amount of $200.00 per year to farm approximately 19 acres of land located near the northwest corner of West 4th Street and West Shaulis Road for the purpose of baling hay -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-516. 139092 - Welper/Hart that "Resolution approving designation of Hoover Street as a temporary Yield street due to the detour for West 9th Street -Submitted by Sandie Greco, Traffic Operations Superintendent", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-517. 139093 - Welper/Hart that "Resolution approving request to dedicate a 21,736 square foot sanitary sewer easement next to O'Neal Steel located at 2680 Sergeant Road -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-518. 139094 - Welper/Hart that "Resolution approving installation of speed hump on Burton Avenue north of the intersection with Park Road -Submitted by Sandie Greco, Traffic Operations Superintendent", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-519. 139095 - Hart/Welper that "Resolution approving award of contract, Bonds, and Certificate of Insurance to B & B Builders and Supply of Waterloo, Iowa in the amount of $95,389.49 for the F.Y. 2012 Sidewalk Repair Program - Zone 2, Contract No. 824; and authorize Mayor and City Clerk to execute said documents -Submitted by W. Wayne Castle, PLS, EI, Associate Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-520. 139096 - Hart/Welper that Change Order No. 3 for a net increase of $19,121.00 to Don Gardner Construction Co. Inc. of Waterloo, Iowa for the Waterloo Center for the Arts Window Replacement Project; and authorize Mayor to execute said document - Submitted by Craig Clark, Building Official/Maintenance Administrator, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 139097 - Hart/Welper that "Resolution approving request for a variance to the requirements of the Subdivision Ordinance in Section 2.2(2) Preliminary Plat and Section 2.3(1) Final Plat Submittal for Preliminary and Final Plat of John Deere Museum Addition -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Mayor Clark reported this is one of the first actions to make the John Deere Museum. He thanked John Deere and said it will be a wonderful addition to the City. Resolution adopted and upon approval by Mayor assigned No. 2012-521. May 29, 2012 139098 - Hart/Welper Page 10 that "Resolution approving the Preliminary and Final Plats, together with staff report, aerial photo, Deed of Dedication, and Report of the City Engineer in conjunction with John Deere Museum Addition -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-522. 139099 - Cole/Welper that "Resolution approving the Program Evaluation and Payment to Greater Cedar Valley Alliance, in the amount of $20,000, for economic development efforts completed in fiscal year 2011 -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-523. 139100 - Cole/Welper that "Resolution setting date of hearing for June 11, 2012 for a request by Cedar Valley Tech Works Inc. for a "M -2,P" Planned Industrial District site plan amendment for approximately 27 acres of land for the Tech Works Campus redevelopment project, The Green at Tech Works Project, and the Deere Museum Project; 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. 2012-524. 139101 - Cole/Welper that "Resolution approving Amendment Agreement between City of Waterloo and Iowa Department of Economic Development for extension of the Brownfield Redevelopment Program Contract, No. 09-BRN-07, be approved to allow the City more time for the Chamberlain Project by extending the completion date to December 31, 2012, and the expiration date to December 31, 2016, and authorize Mayor to sign and fully execute the 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. 2012-525. 139102 - Schmitt/Welper that "Resolution setting date of hearing for June 11, 2012 for a request by Kal Sundaram for a "B -P" Business Park District site plan amendment for property generally described as the southwest corner of Greyhound Drive and Ridgeway Avenue for the purpose of developing a new 4,000 sq. ft. office building; 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. 2012-526. 139103 - Schmitt/Welper that "Resolution approving an amendment to the original Development Agreement with FEPH-Acquisitions Fund LLC (CVS Pharmacy) dated in 2012, to change parties involved, adding Iowa CVS Pharmacy LLC, changing square footage from 13,000 to 13,225, changing the date of vacate from February 27, 2012 to June 15, 2012, removing reversion language for street conveyance, and changing notice mailing with new LLC wording 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. 2012-527. May 29, 2012 ORDINANCES 139104 - Hart/Welper Page11 that "an Ordinance amending the 2008 Traffic Code by adding a new Subsection (53a) Heartland Hills Drive to Section 553, No Parking Here To Corner; and amending the 2008 Traffic Code by adding to Subsection 970) Mark Drive, No Parking Here To Corner n conjunction with Ordinance Change - No Parking Here to Corner: West side of the 1000 block of Heartland Hills Drive, in a southerly direction from the corner of Mark Drive", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Nate Hertzal, 1001 Heartland Hills, spoke in opposition of this ordinance. He expressed concern with the lack of parking and the neighbor complaining about the parking. Sandie Greco, Superintendent of Traffic Operations, reported that staff has looked into the intersection and it needs to be modified. There is a visibility issue but staff is going to reduce the no parking here to corner from 18 feet to 11 feet. 139105 - 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. 139106 - Hart/Welper that "an Ordinance amending the 2008 Traffic Code by adding a new Subsection (53a) Heartland Hills Drive to Section 553, No Parking Here To Corner; and amending the 2008 Traffic Code by adding to Subsection 970) Mark Drive, No Parking Here To Corner in conjunction with Ordinance Change - No Parking Here to Corner: West side of the 1000 block of Heartland Hills Drive, in a southerly direction from the corner of Mark Drive", 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. 5118. 139107 - Hart/Welper that "an Ordinance amending the 2008 Traffic Code by adding Subsection (3a) Burton Avenue to Section 545, Yield Streets; and repealing part of Subsection (23) Burton Avenue of Section 543, thru Street Park Road to North Corporate Limits in conjunction with Ordinance Change - Yield Street: Burton Avenue at Park Road", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 139108 - 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. 139109 - Hart/Welper that "an Ordinance amending the 2008 Traffic Code by adding Subsection (3a) Burton Avenue to Section 545, Yield Streets; and repealing part of Subsection (23) Burton Avenue of Section 543, thru Street Park Road to North Corporate Limits in conjunction with Ordinance Change - Yield Street: Burton Avenue at Park Road", 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. 5119. OTHER COUNCIL BUSINESS 139110 - Greenwood/Hart to instruct Director of Safety Services to prepare specifications, bid document, etc. in conjunction with Purchase of Uniforms and Equipment for Police Department, be approved. Voice vote -Ayes: Seven. Motion carried. 139111 - Greenwood/Hart that specifications, bid document, etc. in conjunction with Purchase of Uniforms and Equipment for Police Department, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. May 29, 2012 139112 - Greenwood/Schmitt Page 12 that "Resolution preliminarily approving specificatio.hs, bid doCuhent, etc. in conjunction with Purchase of Uniforms and Equipment for Police Department", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-528. 139113 - Greenwood/Schmitt that "Resolution setting date of hearing and bid opening as June 18, 2012; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids in conjunction with Purchase of Uniforms and Equipment for Police Department", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-529. 139114 - Schmitt/Greenwood to instruct Building Official/Maintenance Administrator to prepare specifications, form of contract, etc. in conjunction with City Clerk's Office Remodel, be approved. Voice vote -Ayes: Seven. Motion carried. 139115 - Schmitt/Greenwood that plans, specifications, form of contract, etc. in conjunction with City Clerk's Office Remodel, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139116 - Schmitt/Greenwood that "Resolution preliminarily approving specifications, form of contract, etc. in conjunction with City Clerk's Office Remodel", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-530. 139117 - Schmitt/Greenwood that "Resolution setting date of hearing and bid opening as June 11, 2012; and instruct City Clerk to publish notice of specifications, form of contract, etc. in conjunction with City Clerk's Office Remodel", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-531. 139118 - Hart/Welper that "Resolution approving award of Contract, Bonds and Certificate of Insurance to Story Construction of Ames, Iowa in the amount of $4,123,000.00 for the Disinfection Facilities at the Water Pollution Control Facility, Contract No. 817; and authorize Mayor and City Clerk to execute said documents -Submitted by Larry Smith, Waste Management Services Superintendent", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-532. ORAL PRESENTATIONS Paul Huting, Leisure Services Director, invited citizens to come to the Waterloo Bucks opening game. Mayor Clark invited the citizens to My Waterloo Days events. 139119 - Hart/Greenwood that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 139120 - Hart/Greenwood that the Council adjourn at 6:51 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy S hares City C erk