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HomeMy WebLinkAboutMinutes-10/22/2012October 22, 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 Monday, October 22, 2012. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Greenwood, Schmitt, Welper, Hart. Absent: Getty.; Moment of Silence. Pledge of Allegiance: Cammie Scully, Director of Cultural & Arts Commission. 139999 - Hart/Schmitt that the Agenda, as amended removing item #14 fees for the Cedar Valley Sportsplex, for the Regular Session on Monday, October 22, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 140000 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, October 15, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Absent: Getty. Motion carried. Mayor Clark presented a Certificate of Recognition to Tiger Cub Den #4, Pack 17 for picking up garbage at Hope Martin Park. Mayor Clark read a Proclamation declaring Thursday, October 25, 2012 as "Dan Gable Day". There will be a presentation and reception with Dan Gable and the Governor on October 25, 2012. CONSENT AGENDA 140001 - 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 Accounts Payable Invoice Report, dated October 22, 2012, in the amount of $3,950,253.86, 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. 2012-1029. 2. Request of Nathan Scott Cose for a concrete driveway to be located at 1027 Vine Street, 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. 2012-1030. 3. Request of Terry Sandberg for a concrete driveway to be located at 230 W. Orange 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. 2012-1031. b. Motion to approve the following: 1. 2. Travel Requests Name & Title of Personnel Class/Meeting Destination • Date(s) Amount not to exceed Mark Brandes, CMOM Specialist; Brian Rath, Operations Supervisor Sanitary Sewer and Collection System Engineering Course Madison, Wisconsin December 3-6, 2012 $2,790.00 Steve Jordan, Fire Marshal R222 - Principals of Fire Protection: Structures and Systems Emmitsburg, Massachusetts September 24 -October 5, 2012 $300.48 October 22, 2012 3. 4. 5. 6. 7. Page 2 Sergeant Carter Dealing with Difficult People Cedar Falls, Iowa November 15, 2012 $149.00 Ed Abben, Building/Maintena nce; Todd Henrich, Building/Maintena nce; Joel Shepard, Building/Maintena nce Gas Heating Diagnostics Waterloo, Iowa October 23, 2012 $360.00 Brian Backer, Chief HVAC Inspector Gas Heating Diagnostics Waterloo, Iowa October 23, 2012 $120.00 Officer Lindaman FBI Hazardous Devices Basic School Huntsville, Alabama January 5- 17, 2013 $8,500.00 Mark Gallagher, Sports Manager Athletic Business Conference & Expo/National Association for Youth Sports Congress New Orleans, Louisiana November 27 - December 1, 2012 $1,859.00 Class C Beer License Permit Application 8. A & S Petroleum, Inc., 127 Jefferson Street (Renewal) (Expires 6/29/2013) (Includes Sunday Sales) Class C Liquor License Permit Application 9. Maison DeMartini, 708 Jefferson Street (Renewal) (Expires 9/6/2013) (Includes Sunday Sales) Class B Wine License Permit Application 10.A & S Petroleum, Inc., 127 Jefferson Street (Renewal) (Expires 6/29/2013) (Includes Sunday Sales) Outdoor Service Area Application 11.Maison DeMartini, 708 Jefferson Street Cigarette Permit Application 12.Romantix Waterloo/Adult Emporium, 1507 N. LaPorte Road Class B Beer,License Permit Application 13.Las Palmas Mexican Restaurant, 921 Broadway Street (New) (Expires 9/18/2013) (Includes Sunday Sales) 14.Recommendation of appointment of Maria Tiller to the new position of Code Enforcement Foreman effective October 23, 2012—Submitted by Larry N. Smith, Waste Management Services Superintendent Roll call vote -Ayes: Six. Absent: Getty. Motion carried. Mr. Hart abstained from the bill payment to himself for the amount of $70.06. Mr. Schmitt clarified that Maria Tiller will still do the Animal Control enforcement on nights and weekends. Mayor Clark recognized Maria Tiller on her promotion. APPEAL 140002 - Greenwood/Cole that Shaton Starks appeal on $100.00 fine for weed mowing at 215 Fletcher Avenue, be denied. Voice vote -Ayes: Six. Absent: Getty. Motion carried. October 22, 2012 Page 3 PUBLIC HEARINGS 140003 - Schmitt/Welper that proof of publication of notice of public hearing on the issuance of not to exceed $750,000.00 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 October 11, 2012, be received and placed on file. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 140004 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Welper that the hearing be closed. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 140005 - Schmitt/Welper that "Resolution to institute proceedings to take additional action of issuance of said bonds in conjunction with the issuance of not to exceed $750,000.00 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", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-1032. 140006 - Greenwood/Schmitt that proof of publication of notice of public hearing on Reallocation of unspent bond proceeds from the 2007A General Obligation Bonds in an amount not to exceed $200,000.00 for a general corporate purpose, which bonds will be used to provide funds to pay for equipping and remodeling City facilities, including City Hall, as published in the Waterloo Courier on October 11, 2012, be received and placed on file. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 140007 - This being the time and place of public hearing, the Mayor called for written and oral objections. John Sherbon, 1750 Robin Road, spoke in opposition to the bond reallocation. expressed concern with not using the funds to pay down the bonds. Forest Dillavou, 1725 Huntington Road, spoke in opposition to the bond reallocation. Michelle Weidner, Chief Financial Officer, reported that the City decided to use these funds rather than bond for these projects. The City is asking to use $533,000 and if it were used to pay down the fund balance, it would only reduce the levy by $.23 and only for one year. Greenwood/Schmitt that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 140008 - Greenwood/Schmitt that "Resolution to institute proceedings to take additional action and approve said reallocation in conjunction with Reallocation of unspent bond proceeds from the 2007A General Obligation Bonds in an amount not to exceed $200,000.00 for a general corporate purpose, which bonds will be used to provide funds to pay for equipping and remodeling City facilities, including City Hall", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-1033. October 22, 2012 Page 4 140009 - Greenwood/Schmitt that proof of publication of notice of public hearing on Reallocation of unspent bond proceeds from the 2010A General Obligation Bonds in an amount not to exceed $150,000.00 for a general corporate purpose, which bonds will be used to provide funds to pay for information technology needs, as published in the Waterloo Courier on October 11, 2012, be received and placed on file. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 140010 - 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. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 140011 - Greenwood/Schmitt that "Resolution to institute proceedings to take additional action and approve said reallocation in conjunction with Reallocation of unspent bond proceeds from the 2010A General Obligation Bonds in an amount not to exceed $150,000.00 for a general corporate purpose, which bonds will be used to provide funds to pay for information technology needs", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-1034. 140012 - Greenwood/Schmitt that proof of publication of notice of public hearing on Reallocation of unspent bond proceeds from the 2011A General Obligation Bonds in an amount not to exceed $250,000.00 for a general corporate purpose, which bonds will be used to provide funds to pay for computer software and hardware, including financial, payroll and community development software, as published in the Waterloo Courier on October 11, 2012, be received and placed on file. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 140013 - 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. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 140014 - Greenwood/Schmitt that "Resolution to institute proceedings to take additional action and approve said reallocation in conjunction with Reallocation of unspent bond proceeds from the 2011A General Obligation Bonds in an amount not to exceed $250,000.00 for a general corporate purpose, which bonds will be used to provide funds to pay for computer software and hardware, including financial, payroll and community development software", be adopted. Roll call vote -Ayes: Five. Nays: One (Schmitt). Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-1035. 140015 - Welper/Hart that proof of publication of notice of public hearing on Development Agreement with Stick Brothers, L.L.C. for the sale and conveyance of approximately 13 acres of city -owned property for $1.00, generally located within the Northeast Industrial Park area for the purposes of rubble deposit and rock crushing operations, as published in the Waterloo Courier on October 16, 2012, be received and placed on file. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 140016 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Hart that the hearing be closed. Voice vote -Ayes: Six. Absent: Getty. Motion carried. October 22, 2012 Page 5 140017 - Welper/Hart that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly in conjunction with Development Agreement with Stick Brothers, L.L.C. for the sale and conveyance of approximately 13 acres of city -owned property for $1.00, generally located within the Northeast Industrial Park area for the purposes of rubble deposit and rock crushing operations", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-1036. 140018 - Welper/Hart that "Resolution approving said development agreement; and authorize Mayor and City Clerk to execute said document in conjunction with Development Agreement with Stick Brothers, L.L.C. for the sale and conveyance of approximately 13 acres of city -owned property for $1.00, generally located within the Northeast Industrial Park area for the purposes of rubble deposit and rock crushing operations", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-1037. 140019 - Hart/Welper that proof of publication of notice of public hearing on Request by Stick Brothers, L.L.C. for a site plan amendment in the "M -2,P" Planned Heavy Industrial District to allow for the establishment of a rock crushing operation and rubble fill site, generally located along the west side of Northeast Drive, south of Martin Luther King, Junior Drive and just south of the railroad tracks, as published in the Waterloo Courier on October 16, 2012, be received and placed on file. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 140020 - This being the time and place of public hearing, the Mayor called for written and oral objection 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: Six. Absent: Getty. Motion carried. 140021 - Hart/Welper that "Resolution approving said site plan amendment in conjunction with Request by Stick Brothers, L.L.C. for a site plan amendment in the "M -2,P" Planned Heavy Industrial District to allow for the establishment of a rock crushing operation and rubble fill site, generally located along the west side of Northeast Drive, south of Martin Luther King, Junior Drive and just south of the railroad tracks", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-1038. 140022 - Hart/Welper that proof of publication of notice of public hearing on Development Agreement with Kent Orchard for the sale and conveyance of city -owned property for $1.00 plus costs, located at 1427 Jefferson Street for construction of a new building, as published in the Waterloo Courier on October 16, 2012, be received and placed on file. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 140023 - 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: Six. Absent: Getty. Motion carried. 140024 - Hart/Welper that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly in conjunction with Development Agreement with Kent Orchard for the sale and conveyance of city -owned property for $1.00 plus costs, located at 1427 Jefferson Street for construction of a new building", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-1039. October 22, 2012 Page 6 140025 - Hart/Welper that "Resolution approving said development agreement; and authorize Mayor and City Clerk to execute said document in conjunction with Development Agreement with Kent Orchard for the sale and conveyance of city -owned property for $1.00 plus costs, located at 1427 Jefferson Street for construction of a new building", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-1040. 140026 - Schmitt/Greenwood that proof of publication of notice of public hearing on Wireless Communication Services, as published in the Waterloo Courier on October 16, 2012, be received and placed on file. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 140027 - 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. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 140028 - Schmitt/Greenwood that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Wireless Communication Services", be adopted. Roll call vote - Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-1041. 140029 - Schmitt/Greenwood that "Resolution authorizing to proceed in conjunction with Wireless Communication Services", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-1042. 140030 - Schmitt/Greenwood to receive and file and instruct City Clerk to open and read bids and refer to City Clerk for review: On file in the City Clerk's office Voice vote -Ayes: Six. Absent: Getty. Motion carried. 140031 - Hart/Greenwood that proof of publication of notice of public hearing on Rental of Three (3) Motor Graders to Support Snow Operations, as published in the Waterloo Courier on October 16, 2012, be received and placed on file. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 140032 - 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: Six. Absent: Getty. Motion carried. 140033 - Hart/Greenwood that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Rental of Three (3) Motor Graders to Support Snow Operations", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-1043. 140034 - Hart/Greenwood that "Resolution authorizing to proceed in conjunction with Rental of Three (3) Motor Graders to Support Snow Operations", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-1044. October 22, 2012 140035 - Hart/Greenwood Page 7 to receive and file and instruct City Clerk to open and read bids and refer to Public Works Director for review: Bidder Bid Security Bid Amount Boulder Contracting Murphy Tractor & Equipment $4,500.00 $94,322.50 Waterloo, IA $54,000.00 per season Voice vote -Ayes: Six. Absent: Getty. Motion carried. 140036 - Hart/Welper that proof of publication of notice of public hearing on F.Y. 2012 Chautauqua Park Curb Repair, Contract No. 828, as published in the Waterloo Courier on October 16, 2012, be received and placed on file. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 140037 - This being the time and place of public hearing, the Mayor called for written and oral objections. Mayor Clark noted that there is no immediate plans to widen the street, to do that it would take a complete reconstruction of the road. Eric Thorson, City Engineer, noted that there have been streets in the area reconstructed and the engineering department will take a look at widening the street as they come up for additional improvements. Sandie Greco, Traffic Superintendent, reported that there is no parking the streets in that area. Traffic could look at making the streets one-way. There may be a couple that have parking and she will check on them. Hart/Welper that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 140038 - Hart/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Chautauqua Park Curb Repair, Contract No. 828", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-1045. 140039 - Hart/Welper that "Resolution ordering construction in conjunction with F.Y. 2012 Chautauqua Park Curb Repair, Contract No. 828", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-1046. 140040 - Hart/Welper to receive and file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Security Bid Amount Boulder Contracting 5% $107,910.50 Mike Dolan Concrete and Masonry Inc. Waterloo, IA 5% $94,322.50 Voice vote -Ayes: Six. Absent: Getty. Motion carried. RESOLUTIONS 140041 - Welper/Hart that "Resolution approving Convention and Visitors Bureau Board recommendations for funding the following hotel/motel tax mini -grant request: Cedar Valley PrideFest in the amount of $2,190.00 -Submitted by Aaron Buzza, Executive Director of Waterloo Convention & Visitors Bureau", be adopted. Roll call vote - Ayes: Five. Nays: One (Schmitt). Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-1047. October 22, 2012 Page 8 140042 - Welper/Hart that "Resolution setting date of hearing as November 5, 2012 to approve Riverfront Stadium Lease Renewal with Twin Sports Group, Inc./Waterloo Bucks Baseball for a 5 year renewal option; and instruct City Clerk to publish notice Submitted by Paul Huting, Leisure Services Director", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-1048. 140043 - Welper/Hart that "Resolution approving Contract, Bonds, and Certificate of Insurance with Reilly Construction Company, Inc. of Ossian, Iowa in the amount of $447,672.00 for the F.Y. 2013 Dry Run Creek Gate Well Replacement, Contract No. 814; and authorize Mayor and City Clerk to execute said documents -Submitted by Jamie Knutson, PE, Associate Engineer", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-1049. 140044 - Schmitt/Welper that "Resolution approving Professional Services Agreement with AECOM in the amount of $53,600.00 for construction related services on the F.Y. 2013 Dry Run Creek Gate Well Replacement, Contract No. 814; and authorize Mayor and City Clerk to execute said document -Submitted by Jamie Knutson, PE, Associate Engineer", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-1050. 140045 - Schmitt/Welper that Change Order No. 19 for a net decrease of $41,626.42 for work performed by Vieth Construction Company of Cedar Falls, Iowa on the F.Y. 2008 Cedar Valley River Renaissance Trail Enhancement, Contract No. 743 -Submitted by Jamie Knutson, PE, Associate Engineer, be received, placed on file and approved. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 140046 - Schmitt/Welper that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Vieth Construction Company of Cedar Falls, Iowa at a total cost of $1,653,233.11 in conjunction with F.Y. 2008 Cedar Valley River Renaissance Trail Enhancement, Contract No. 743 -Submitted by Eric Thorson, PE, City Engineer", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-1051. 140047 - Greenwood/Schmit.t that "Resolution approving the donation of land from NCN Limited Company LLC to the City of Waterloo, for property generally described as the northerly portion of the parking lot, northwest of US Bank at 11 West Commercial Street; and authorize Mayor and City Clerk to execute any necessary documents -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-1052. 140048 -'Greenwood/Schmitt that "Resolution approving Real Estate Purchase Agreement between the City of Waterloo and Stick Brothers LLC for the acquisition of approximately 20 acres of land identified as parcel numbers 8913-10-251-017 and 8913-10-276-006 in the amount of $1.00 with up to $5,000.00 in city environmental and closing; costs; and authorize Mayor and City Clerk to execute any necessary documents -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-1053. October 22, 2012 Page 9 140049 - Greenwood/Schmitt that "Resolution approving recommendation of award of contract to Advanced Environmental Testing and Abatement, Inc. of Waterloo, Iowa in an amount not to exceed of $11,879.00 in conjunction with Asbestos Removal Contract No. 141 -AR - 10 -22 -12 -NSP; and authorize Mayor and City Clerk to execute said contract - Submitted by Rudy D. Jones, Community Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-1054. 140050 - Jones/Hart that "Resolution approving Consent to Mortgage by the City of Waterloo for the Cedar Valley Sportsplex Project; and authorize Mayor and City Clerk to execute any necessary documents -Submitted by Noel Anderson, Community Planning '& Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Noel Anderson, Community Planning and Development Director, reported that this will encumber the property and the City has the option of taking the property in eight years. Resolution adopted and upon approval by Mayor assigned No. 2012-1055. 140051 - Jones/Hart that Change Order No. 1 for a net increase of $550.00 for work performed by ATC and Associates of Waterloo, Iowa on asbestos survey services for 214-216 Independence, 1029 South Street, 622 Fowler, 616-618 W. 9th Street, and 506 Reed Street -Submitted by Noel Anderson, Community Planning & Development Director, be received, placed on file and approved. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 140052 - Jones/Hart that "Resolution setting date of hearing as November 5, 2012 to approve the adoption of an Ordinance amending the City Code of Ordinance in Title 1 Administration, Chapter 3 General Penalty, Section 2 Municipal Infraction, and in Title 3, Business and License Regulations, Chapter 2, Liquor Control, Section 11, Penalties, and amending the City of Waterloo Zoning Ordinance No. 5079 in 10-32-2, Violations and Penalties - increasing the civil penalty for violations related to alcohol sales regulations; and instruct City Clerk to publish notice - Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2012-1057. OTHER COUNCIL BUSINESS 140053 - Hart/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2013 Blowers Creek Cunette Repairs, Contract No. 845, be approved. Voice vote -Ayes: Six. Motion carried. 140054 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2013 Blowers Creek Cuvette Repairs, Contract No. 845, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 140055 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2013 Blowers Creek Cunette Repairs, Contract No. 845", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2012-1058. 140056 - Hart/Welper that "Resolution setting date of hearing and bid opening as November 5, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with F.Y. 2013 Blowers Creek Cunette Repairs, Contract No. 845", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-1059. October 22, 2012 Page 10 140057 - Hart/Welper to instruct Public Works Director to prepare specifications, bid document, etc. in conjunction with Purchase of Two (2) 2013 Single Axle Snow Control Trucks for the Street Department, be approved. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 140058 - Hart/Welper that specifications, bid document, etc. in conjunction with Purchase of Two (2) 2013 Single Axle Snow Control Trucks for the Street Department, be received and placed on file. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 140059 - Hart/Welper that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with Purchase of Two (2) 2013 Single Axle Snow Control Trucks for the Street Department", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-10'60. 140060 - Hart/Welper that "Resolution setting date of hearing and bid opening as November 19, 2012; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids in conjunction with Purchase of Two (2) 2013 Single Axle Snow Control Trucks for the Street Department", be adopted. Roll call vote -Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-1061. ORAL PRESENTATIONS Breann Martin, expressed concern with the police department enforcing the rule of not riding bikes on the streets in the business district. Jim Walsh, City Attorney reported that it is not illegal to ride in the street but there is an ordinance prohibiting riding bicycles on the sidewalk in the business district. 140061 - Hart/Shcmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Absent: Getty. Motion carried. 140062 - Hart/Schmitt that the council adjourn to Executive Session at 6:30 p.m. Roll call vote -Ayes: Six. Absent: Getty. Motion carried. City Attorney Jim Walsh stated that discussion of Labor Negotiations is an approved topic of Executive Session pursuant to Iowa Code Section 20.17(3)(2011). EXECUTIVE SESSION 140063 — Hart/Welper that the council adjourn Executive Session at 6:426:42 p.m. Voice vote -Ayes: Six. Absent: Getty. Motion carried. ADJOURNMENT 140064 - Hart/Welper that the Council adjourn at 6:42 p.m. Voice vote -Ayes: Six. Absent: Getty. Motion carried. Suzy Sc .res City Cle k