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HomeMy WebLinkAboutMinutes-7/28/2014July 28, 2014 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, July 28, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, and Welper. Absent: Hart. Moment of Silence. Pledge of Allegiance: Paul Huting, Leisure Services Director. 143182 - Welper/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, July 28, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. 143183 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, July 14, 2014, at 5:30 p.m. and Special Session June 4, 2014, be accepted and approved. Voice vote -Ayes: Six. Motion carried. CONSENT AGENDA 143184 - Welper/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 Finance Committee Invoice Summary Report, dated July 28, 2014, in the amount of $4,972,664.34, 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. 2014-601. 2. 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: Address and amount to certify: 401 Reed Street - $2,870.00. Resolution adopted and upon approval by Mayor assigned No. 2014-602. 3. Request to cancel assessment for 1618 Newell Street in the amount of $177.11; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2014-603. 4. Request to cancel assessment for 133 St. Albans Street in the amount of $141.16; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2014-604. 5. Request to cancel assessment for 429 Baltimore Street in the amount of $104.50; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2014-605. 6. Request to cancel assessment for 318 Fowler Street in the amount of $102.92; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2014-606. 7. Request to cancel assessment for 219 Oaklawn Avenue in the amount of $223.40; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2014-607. July 28, 2014 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Page 3 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday 19. 20. 21. 22. 23. 24. 25. Casey's General Store, #2879 3260 University Ave. Cork's Grocery 1956 Lafayette St. Class C Beer, B Native Wine Renewal 04/18/15 X Class C Beer Renewal 04/30/15 X CVS/Pharmacy #8544 1825 E. San Marnan Dr. Class E Liquor, B Wine, C Beer Renewal 05/31/15 X 26. CVS/Pharmacy #8546 205 Franklin St. Class E Liquor, B Wine, C Beer Renewal 05/31/15 X 27. Diamond Dave's 124 Crossroads Blvd. Class C Liquor Renewal 05/14/15 X 28. 29. Dollar General Store #4698 2935 Logan Ave. Class C Beer & B Wine Renewal 02/28/15 X Dollar General Store #7136 66 E. Tower Park Dr. Class C Beer & B Wine Renewal 02/28/15 X 30. 31. 32. Dollar General Store #10073 3815 University Ave. Edo's Sports Bar 110 E. 11th St. Class C Beer & B Wine Renewal 02/28/15 X Class C Liquor Renewal 05/07/15 X 33. 34. Five Star Snacks & More 315 Fletcher Ave. Class E Liquor, B Wine, C Beer Renewal 06/02/15 X Fiesta Jalisco 350 Fletcher Ave. Class C Liquor, B Wine, B Native Wine Renewal 04/05/15 X Hwy 63 Diner 3030 Marnie Ave. Class C Liquor & B Wine Renewal 05/31/15 Jim Lind Standard Service 230 E. Ridgeway Ave. Class C Beer Renewal 04/06/15 X Kum & Go #212 117 E/ San Marnan Dr. Class E Liquor, B Wine, C Beer Renewal 06/30/15 X Kwik Star #722 1214 Franklin St. Class C Beer Renewal 07/21/15 X Kwik Star #723 707 Broadway St. Class C Beer Renewal 07/21/15 X Kwik Star #724 1105 Cedar Bend Dr. Class C Beer & B Native Wine Renewal 07/21/15 X Kwik Star #4 515 Broadway St. Class E Liquor, B Wine, C Beer Renewal 05/31/15 X Michoacana Meat Market 1215 Franklin St. Class C Beer Renewal 04/26/15 X National Dairy Cattle Congress 250 Ansborough Ave. New Star Liquor 1309 Lafayette St. Class C Liquor Renewal 02/28/15 X Class E Liquor Ownership Update X Noodles & Company 2833 Crossroads Blvd. Special Class C (BW) & Outdoor Sales Renewal 06/30/15 X The Other Place 360 E. Ridgeway Ave. Class C Liquor Renewal 01/25/15 X Panchero's Mexican Grill 2845 Crossroads Blvd. Class B Beer & Outdoor Sales Renewal 03/31/15 X Plaid Peacock 316 W. 3rd St. Class B Native Wine Renewal 05/29/15 X Prime Mart #3 1008 LaPorte Rd. Class E Liquor, B Wine, C Beer Renewal 06/12/15 X Red Lobster #6727 941 E. San Marnan Dr. Class C Liquor New 06/29/15 X Red Lobster #6727 941 E. San Marnan Dr. Class C Liquor Renewal 03/10/15 X Riverloop Expo Plaza 400 Jefferson St. Special Class C (BW) & Outdoor Sales New 06/20/14- 12/20/14 X July 28, 2014 Page 6 143198 - Morrissey/Welper Motion to postpone bid opening for August 7, 2014 and hearing until August 11, 2014. Ayes: Six. Motion carried. 143199 - Cole/Schmitt that proof of publication of notice of public hearing on East Fifth Street Parking Ramp Garage Repairs, as published in the Waterloo Courier on July 11, 2014, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 143200 - Cole/Schmitt that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 143201 - Cole/Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with East Fifth Street Parking Ramp Garage Repairs", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-622. 143202 - Cole/Schmitt that "Resolution ordering construction in conjunction with East Fifth Street Parking Ramp Garage Repairs", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-623. 143203 - Cole/Schmitt to receive, file and instruct City Clerk to read bids and refer to Building Official/Maintenance Administrator for review: Voice vote -Ayes: Six. Bidder Bid Security Bid Amount Western Waterproofing Co. 1829 Industrial Circle West Des Moines, IA 50265 5% $51,157.07 143204 - Welper/Morrissey that proof of publication of notice of public hearing on request for proposal for Demolition and Site Clearance Services for 1423 Hawthorne Avenue, 928 Mulberry, 421 Almond, 717 Vinton, and 1013 Lincoln Streets, as published in the Waterloo Courier on July 17, 2014, be received and placed on file. Voice vote - Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Mr. Morrissey questioned if there is interest to purchase 928 Mulberry. Noel Anderson, Community Planning and Development Director, explained that someone has contacted Planning and staff will be working with the contractor and the interested party to see if there is an opportunity to save the property. 143205 - Welper/Morrissey that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. 143206 - Welper/Morrissey that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with proposal for Demolition and Site Clearance Services for 1423 Hawthorne Avenue, 928 Mulberry, 421 Almond, 717 Vinton, and 1013 Lincoln Streets", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-624. July 28, 2014 143207 - Welper/Morrissey Page 7 that "Resolution ordering construction in conjunction with proposal for Demolition and Site Clearance Services for 1423 Hawthorne Avenue, 928 Mulberry, 421 Almond, 717 Vinton, and 1013 Lincoln Streets", be adopted. Roll call vote - Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-625. 143208 - Welper/Morrissey to receive, file and instruct City Clerk to read bids and refer to Community Planning & Development Director for review: Voice vote -Ayes: Six. Bidder Bid Security Bid Amount Lehman Trucking & Excavating, Inc. 1422 Ashland Ave. Waterloo, IA 50703-5611 5% $48,400.00 Peterson Contractors, Inc. Box A Reinbeck, IA 50669-0155 5% $150,000.00 143209 - Schmitt/Welper that proof of publication of notice of public hearing on rezone request from Brent Dahlstrom of Cedar Falls, Iowa to rezone 2.38 acres from "R-2" One and Two Family Residence District and "R -3,R -P" Planned Residence District to "R -2,R -P" Planned Residence District, located southeast of 5609 Summerland Drive, as published in the Waterloo Courier on July 17, 2014, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 143210 - Schmitt/Welper that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 143211 - Schmitt/Welper 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 from Brent Dahlstrom of Cedar Falls, Iowa to rezone 2.38 acres from "R-2" One and Two Family Residence District and "R -3,R -P" Planned Residence District to "R -2,R -P" Planned Residence District, located southeast of 5609 Summerland Drive", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Five. Nays: One (Cole). Motion carried. 143212 - Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Two. Nays: Four (Jones, Lind, Morrissey, and Cole). Motion failed. 143213 - Welper/Morrissey that proof of publication of notice of public hearing on request by Brent Dahlstrom of Cedar Falls, Iowa for a Site Plan Amendment to the "R-2, R -P" Planned Residence District, to allow for the construction of five duplexes, located southeast of 5609 Summerland Drive, as published in the Waterloo Courier on July 17, 2014, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Mr. Morrissey questioned the public safety issue with entrance and exits from the subdivision and the drainage issues noted at the zoning meeting. Noel Anderson, Community Planning and Development Director, explained that this development will put a second exit into the subdivision and alleviate the safety issue. The drainage issues have been reviewed and should be improved. There will be more drainage improvements needed in the future. July 28, 2014 Page 8 Brent Dahlstrom, 3538 Augusta Circle, explained that the drainage issues are being addressed for the piece of the project before Council and another piece will be brought next month. The homeowners association is regrouping to address the issue. Mayor Clark explained that the storm water requirements will have to be met in the subdivision. 143214 - Welper/Morrissey that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. 143215 - Welper/Morrissey 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 by Brent Dahlstrom of Cedar Falls, Iowa for a Site Plan Amendment to the "R-2, R -P" Planned Residence District, to allow for the construction of five duplexes, located southeast of 5609 Summerland Drive", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Five. Nays: One (Cole). Motion carried. 143216 - Welper/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Two. Nays: Four (Lind, Morrissey, Cole, Jones). Motion failed. 143217 - Cole/Welper that proof of publication of notice of public hearing on Request for proposal for Well Plugging, Demolition, and Site Clearance Services for former Rath Packing Company Well House located in the 1600 block of Sycamore Street, as published in the Waterloo Courier on July 17, 2014, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 143218 - Cole/Welper Motion to cancel hearing. Ayes: Six. Motion carried. RESOLUTIONS 143219 - Schmitt/Cole that "Resolution approving bid from Ultramax Ammunition of Rapid City, SD in the amount not to exceed $36,500.00 in conjunction with FY15 Ammunition Supplies purchase", be adopted. Roll call vote -Ayes: Six. Mr. Jones questioned if the brand of ammunition was a requirement on that item. Pat Treloar, Chief of Fire Services, was unable to answer the question. Mayor Clark explained that the brand was probably not specified. Resolution adopted and upon approval by Mayor assigned No. 2014-626. 143220 - Schmitt/Cole that "Resolution approving application for a 2015 National Crime Victims' Rights Week, Community Awareness Projects Funds in the amount of $5,000.00; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-627. 143221 - Schmitt/Cole that "Resolution approving award of contract to Midwest Janitorial of Waterloo, Iowa in the amount of $7,154.00 per month; and approving the Contract, Bonds, and Certificate of Insurance in conjunction with the City of Waterloo Janitorial Services contract; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Five. Nays: One (Morrissey). Mr. Morrissey explained that the contractor's employees are part-time with little to no benefits and Waterloo should be a leader in promoting good paying jobs. He asked that the City demand that contractors pay a minimum of $10.00 per hour. July 28, 2014 Page 9 John Sherbon, 1715 Robin Road, expressed concern on raising the wages. Resolution adopted and upon approval by Mayor assigned No. 2014-628. 143222 - Cole/Welper that "Resolution approving award of contract to Don Gardner Construction of Waterloo, Iowa in the amount of $126,000.00; and approving the Contract, Bonds, and Certificate of Insurance in conjunction with the Waterloo Public Library Restroom Renovation; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-629. 143223 - Cole/Welper that "Resolution approving an Agreement with Advanced Systems, Inc. of Waterloo, Iowa in the amount not to exceed $88,831.54 for the extension of the Electronic Document Management System to include Novus Agenda Management software and hardware for processing paper documents and Laserfiche software assurance program currently utilized by the Police Department and Water Works; and authorize City Clerk to execute said documents", be adopted. Roll call vote - Ayes: Six. Mr. Jones questioned if there is a cost savings analysis. Suzy Schares, City Clerk, explained that this software will increase transparency, efficiency and decrease the use of paper. Resolution adopted and upon approval by Mayor assigned No. 2014-630. 143224 - Cole/Welper That "Resolution approving settlement agreement with Michael Guild", be adopted. Roll call vote -Ayes: Six. Mr. Lind questioned if payroll taxes will be paid. Jim Walsh, City Attorney, explained that if taxes are due Mr. Guild will be responsible for them unless they are payroll taxes. Resolution adopted and upon approval by Mayor assigned No. 2014-631. 143225 - Morrissey/Welper that "Resolution to approve extending the completion date of July 29, 2014 for the FY14 Sidewalk Repair Program property locations as follows: 205 W. 4th St., 217 W. 4th St., 219 W. 4th St., 221 W. 4th St., 223 W. 4th St., 225 W. 4th St., 229 W. 4th St., 191 W. 5th St., 1515 Black Hawk St., 422 Commercial St., property adjacent to 800 block Commercial St., 928 Jefferson St., 1300 Block Jefferson, 1420 Jefferson St., and 1501-1511 Jefferson St.", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-632. 143226 - Morrissey/Welper that "Resolution approving a variance to allow temporary parking on the east side of St. Francis Drive from W. 9th Street to Wildwood Rd.", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-633. 143227 - Morrissey/Welper that "Resolution approving installation of a 25 mph speed hump at the 400 block of Edwards Street", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-634. 143228 - Morrissey/Welper that "Resolution approving an Agreement with Berens -Tate Consulting Group to complete required arbitrage testing for the general obligation bonds issued in 2007, 2008, and 2009 in an amount not to exceed $7,000.00; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-635. July 28, 2014 Page 10 143229 - Cole/Schmitt that "Resolution approving Amendment #2 to the Development and Property Transfer Agreement with the Waterloo Development Corporation for the SportsPlex facility and adopt a resolution approving Amendment #1 to the Lease Purchase Agreement with the Waterloo Development Corporation for the SportsPlex facility", be adopted. Roll call vote -Ayes: Six. Don Miller, 707 Stone Quarry Road, expressed concern with Council removing the "Put Clause." Mayor Clark explained that it is not a question and answer period, but he welcomes comments. Steve Murphy, 124 Terrace Drive, expressed concern with Council removing the "Put Clause." Randy Herod, 111 Highland, expressed concern with Council removing the "Put Clause." Lula Hanson, 232 Madison Street, expressed concern with Council removing the "Put Clause." Forest Dillavou, 1725 Huntington Road, expressed concern with Council removing the "Put Clause." Bryan Molinaro-Bloningan, 3545 Augusta Circle, expressed concern with Council removing the "Put Clause." Rick Young, Waterloo Development Corporation, explained the "put clause" and the need for the sales tax exemption. John Sherbon, 1715 Robin Road, expressed concern with Council removing the "Put Clause." Mr. Lind asked for a work session to have further discussion on amendment to agreement. 143230 - Lind/Schmitt to table the resolution approving Amendment #2 to the Development and Property Transfer Agreement with the Waterloo Development Corporation for the SportsPlex facility and adopt a resolution approving Amendment #1 to the Lease Purchase Agreement with the Waterloo Development Corporation for the SportsPlex facility for two weeks. Mr. Lind withdrew his motion to table. He asked to have a work session to discuss the amendment. Mr. Schmitt explained that the work session did not have documentation. He asked to have a work session. Mayor Clark explained that there is a time limit to getting the sales tax exemption refund. Ms. Cole asked for clarification on the public vote regarding a recreation center. Mr. Walsh explained that the citizen vote was whether to use local option sales tax to build the Sportsplex. Mr. Morrissey expressed concern with the letter received from the Department of Revenue. Mr. Walsh explained that the language in the letter is in every letter the Department of Revenue issues so that they can change if a mistake was made. If the sales tax refund is not received the WDC will not guarantee the mortgage and the same problem could arise in eight years. The $27 million building was a gift to the City from donors. Mayor Clark asked that Council forward questions to him so that answers could be sought. July 28, 2014 Page 11 143231 - Lind/Schmitt to table the resolution approving Amendment #2 to the Development and Property Transfer Agreement with the Waterloo Development Corporation for the SportsPlex facility and adopt a resolution approving Amendment #1 to the Lease Purchase Agreement with the Waterloo Development Corporation for the SportsPlex facility for two weeks. Roll Call vote -Ayes: Four. Nays: Two (Morrissey, Cole). Motion carried. 143232 - Lind/Schmitt to table the Resolution approving the Agreement for Debt Payment with the Waterloo Development Corporation for the SportsPlex Facility; and authorize Mayor and City Clerk to execute said document for two weeks. Roll call vote - Ayes: Ayes: Four. Nays: Two (Morrissey, Cole). Motion carried. 143233 - Cole/Schmitt that "Resolution approving 28E Agreements with City of Waterloo and the following counties: Allamakee, Black Hawk, Bremer, Butler, Chickasaw, Grundy, Hardin, Howard, Poweshiek, Tama, and Winneshiek for Hazmat team response; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-636. 143234 - Cole/Schmitt that "Resolution approving the Vanderwalle & Associates Proposed Scope of Work for 2014-2015 Agreement for Implementation Services for the City of Waterloo in the amount not to exceed $72,000.00; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Mr. Schmitt questioned the length of time that the City has used Vanderwalle and how much the contract was when it started. Mayor Clark explained that the City has used them for approximately fifteen years and the contract has been raised in the past but it is not increasing this year. There is value in utilizing them and the continued use will be dependent on development in the downtown area. Mr. Morrissey clarified the term of the contract. Resolution adopted and upon approval by Mayor assigned No. 2014-637. 143235 - Cole/Schmitt that "Resolution setting date of hearing as August 11, 2014 to authorize the sale and conveyance of City owned interest in property Parcel ID #8913-24-312- 017, for $4,000.00, plus costs, to Raymond Hayes; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-638. 143236 - Lind/Morrissey that "Resolution approving award of bid to P & K Midwest of Waterloo, IA in the amount of $88,820.00; and authorize purchasing the Utility Vehicle with Snow Blower and Broom for Waterloo Regional Airport", be adopted. Roll call vote - Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-639. 143237 - Lind/Morrissey that "Resolution approving award of bid to Dan Deery Motor Co. of Waterloo, IA in the amount $39,698.00; and authorize purchase of Pick-up Truck with Plow for Waterloo Regional Airport", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-640. 143238 - Lind/Morrissey that "Resolution approving award of bid to Murphy Tractor & Equipment Co. of Waterloo, IA in the amount of $243,494.00; and authorize purchasing Front End Loader for Waterloo Regional Airport", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-641. July 28, 2014 Page 12 143239 - Morrissey/Welper that "Resolution approving award of contract to Pella Roofing and Insulation, Inc. of Vinton, Iowa in the amount of $27,950.00 in conjunction with the Metal Roofing Restoration - Snow Removal Equipment Building Project at Waterloo Regional Airport; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-642. 143240 - Morrissey/Welper that "Resolution approving award of contract to Modern Builders, Inc. of Janesville, Iowa in the amount of $66,350.00 in conjunction with the Replace Bi - Fold Door, Hangar #2 Project at Waterloo Regional Airport; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-643. 143241 - Morrissey/Welper that "Resolution approving Stormwater Pollution Prevention Plan Development Agreement for Waste Water Treatment Plant and Public Works Campus facilities in the amount not to exceed $6,800.00; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-644. 143242 - Schmitt/Welper that "Resolution approving Construction Plans for Sanitary Sewer Serving Summerland Farms Replat Lot 1, as submitted by Kess & Associates, Inc. of Waterloo, Iowa; and Sewage Treatment Agreement DNR Form 29 (Nov 00) with the Department of Natural Resources and the final acceptance of construction plans subject to the review and acceptance by the DNR; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-645. 143243 - Schmitt/Welper that Change Order No. 2 for a net increase of $9,655.20 for work performed by K. Cunningham Construction Co., Inc. of Cedar Falls, Iowa for the F.Y. 2013 Byrnes Park Drainage Improvements - Phase III, Contract No. 850; and authorize Mayor and City Clerk to execute said document, be received and placed on file. Voice - vote -Ayes: Six. Motion carried. 143244 - Schmitt/Welper that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by K. Cunningham Construction Co., Inc. of Cedar Falls, Iowa in the amount of $301,378.71 for the F.Y. 2013 Byrnes Park Drainage Improvements - Phase III, Contract No. 850 and receive and file two (2) year maintenance Bond", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-646. ORDINANCES 143245 - Cole/Welper that "an Ordinance amending the 2008 Traffic Code by amending Section 551, Parking Prohibited at all times on certain streets, by adding Subsection 182(a) Hummingbird Circle - Outer Circle Side", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. 143246 - Cole/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. 143247 - Cole/Morrissey that "an Ordinance amending the 2008 Traffic Code by amending Section 551, Parking Prohibited at all times on certain streets, by adding Subsection 182(a) Hummingbird Circle - Outer Circle Side", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Ordinance adopted and upon approval by Mayor assigned No. 5228. July 28, 2014 Page 13 143248 - Welper/Morrissey that "an Ordinance amending the 2008 Traffic Code by amending Section 551, Parking Prohibited at all times on certain streets, by adding Subsection 274(a) East side of Mourning Dove Drive.", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Five. Motion carried. Ms. Cole excused herself from the meeting for a minute. 143249 - Welper/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. 143250 - Welper/Morrissey that "an Ordinance amending the 2008 Traffic Code by amending Section 551, Parking Prohibited at all times on certain streets, by adding Subsection 274(a) East side of Mourning Dove Drive.", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Ordinance adopted and upon approval by Mayor assigned No. 5229. 143251 - Schmitt/Morrissey 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 the request of Robson Homes, Inc. of Cedar Rapids, Iowa for a Site Plan Amendment to the "R -3,R -P" Planned Multiple Residence District, for 144 new dwelling units located on 20.63 acres of land, generally located east of Mourning Dove Drive", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Six. Motion carried. Ron Bockenstedt, 1234 Hummingbird Lane, explained that the neighborhood has been working with the Developer and the City and several changes have been discussed and made to the original plan to improve traffic. The neighborhood association is now in support of the development. He recognized the developer, the residents, Council, and City staff for working together to find a solution. Mr. Schmitt thanked the citizens. 143252 - Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. 143253 - Schmitt/Welper 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 the request of Robson Homes, Inc. of Cedar Rapids, Iowa for a Site Plan Amendment to the "R -3,R -P" Planned Multiple Residence District, for 144 new dwelling units located on 20.63 acres of land, generally located east of Mourning Dove Drive", be considered and passed for the third time and adopted. Roll call vote -Ayes: Six. Ordinance adopted and upon approval by Mayor assigned No. 5230. 143254 - Schmitt/Welper That "Resolution approving request by Robson Homes, Inc. for the 7 -lot Preliminary Plat of Prairie Meadow Estates, for the development of a new residential subdivision on 20.63 acres, generally located east of Mourning Dove Drive", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2014-647. OTHER COUNCIL BUSINESS 143255 - Morrissey/Schmitt to instruct Traffic Operations Superintendent to prepare plans, specifications, form of contract, etc. in conjunction with U.S. 218/Washington Street Systemic Traffic Safety Improvements, be approved. Voice vote -Ayes: Six. Motion carried. July 28, 2014 143256 - Morrissey/Schmitt Page 14 that plans, specifications, form of contract, etc. in conjunction with U.S. 218/Washington Street Systemic Traffic Safety Improvements, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 143257 - Morrissey/Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with U.S. 218/Washington Street Systemic Traffic Safety Improvements", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-648. 143258 - Morrissey/Schmitt that "Resolution setting date of bid opening as August 7, 2014 and date of public hearing as August 11, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. and taking of bids in conjunction with U.S. 218/Washington Street Systemic Traffic Safety Improvements", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-649. 143259 - Morrissey/Schmitt to instruct Community Planning & Development Director to prepare plans, specifications, form of contract, etc. in conjunction with Sheerwood Bollard Installation Services, be approved. Voice vote -Ayes: .Six. Motion carried. 143260 - Morrissey/Schmitt that plans, specifications, form of contract, etc. in conjunction with Sheerwood Bollard Installation Services, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 143261 - Morrissey/Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with Sheerwood Bollard Installation Services", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-650. 143262 - Morrissey/Schmitt that "Resolution setting date of bid opening as August 7, 2014 and date of public hearing as August 11, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. and taking of bids in conjunction with Sheerwood Bollard Installation Services", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-651. ORAL PRESENTATIONS Jim Chapman, 224 Bertch Ave., expressed concern with the response being received by animal control as his phone call was not returned. Steve Murphy, 124 Terrace Drive, expressed concern with a feral cat trap, neuter, return program and spoke in support of euthanasia. Randy Herod, 111 Highland Blvd., spoke in opposition to a trap, neuter, return feral cat program and spoke in support of euthanasia. Bruce Kaiser, 627 Sycamore Street, offered his services to assist in making the City restrooms ADA compliant. Bill Kammeyer, 526 Home Park Blvd., asked if the public can speak at a work session and asked that the City have a public forum regarding the Sportsplex agreement to let the citizens speak. Dixon Stuelke, 421 Belmont, expressed concern with the landlord certification ordinance. Mayor Clark asked that he speak with the Building Official to get clarification on the ordinance. • July 28, 2014 143263 - Welper/Schmitt Page 15 that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. ADJOURNMENT 143264 - Welper/Schmitt that the Council adjourn at 7:22 p.m. Voice vote -Ayes: Six. Motion carried. uzy Sch.res, CMC City Clea /Human Resource Director