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HomeMy WebLinkAboutMinutes-06/27/2011June 27, 2011 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, June 27, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones (via phone), Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Bob Stringer, Human Resources Director. 136800 - Hart/Schmitt that the Agenda, as amended changing the amount authorized for #1a3, #1a9, and #lal; adding the contract price for #24; adding the funding requested for item #25; clarifying the agreement is with INRCOG for item #33; adding 1a14, Jaycees Fireworks, 24 hour notice was not given but was added due to the date of the event; and removing item #28 for the Regular Session on Monday, June 27, 2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 136801 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, June 20, 2011, at 5:30 p.m.; Special Session on Tuesday, June 14, 2011, at 4:30 p.m.; and Special Session on Wednesday, June 22, 2011, be accepted and approved. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 136802 - Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP642, pp. 1-112, dated June 27, 2011, in the amount of $2,473,861.36, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2011-581. 2. Request of Larry W. Spragle for a concrete driveway to be located at 458 Martin 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. 2011-582. 3. Authorizing the transfer of $8,537,506.00 from Fund 200, Trust & Agency Fund, to Fund 010, General Fund. The tax levy for the fiscal year ending June 30, 2011 included a portion for employee benefits that is deposited to the trust fund (Fund 200) when collected and is subsequently available for transfer to the general fund to reimburse the general fund for employee benefits. Resolution adopted and upon approval by Mayor assigned No. 2011-583. 4. Authorizing the transfer of $566,982.28 from Fund 200, Trust & Agency Fund, to Fund 010, General Fund to reimburse the general fund for the amount of the emergency levy received. Resolution adopted and upon approval by Mayor assigned No. 2011-584. 5. Authorizing the transfer of $48,275.00 from Fund 010, General Fund to Fund 100, Debt Service Fund in payment of debt payments made during FYE11 for the Five Sullivan Brothers Convention Center renovation. Resolution adopted and upon approval by Mayor assigned No. 2011-585. 6. Authorizing the transfer of $398,020.00 from Fund 010, General Fund to Fund 100, Debt Service Fund in payment of the Vision Iowa portions of general obligation bond principal and interest. Resolution adopted and upon approval by Mayor assigned No. 2011-586. June 27, 2011 Page 2 7. Authorizing the transfer of $2,278,767.37 from Fund 101, Tax Increment Financing Fund to Fund 100, Debt Service Fund for the TIF portions of general obligation bond principal and interest paid during the fiscal year ending June 30, 2011. Resolution adopted and upon approval by Mayor assigned No. 2011-587. 8. Authorizing the transfer of $2,270,577.79 from Fund 520, Sewer Fund to Fund 100, Debt Service Fund. This transfer is for the sewer fund portion of general obligation bond principal and interest paid during the fiscal year ending June 30, 2011. Resolution adopted and upon approval by Mayor assigned No. 2011-588. 9. Authorizing the transfer of $669,746.20 from Fund 520, Sewer Fund to Fund 100, Debt Service Fund for the sewer fund portion of the general obligation bond issue refunded in June 2011. (Under state law, sewer revenue collected that is used to make debt service payments for refunded bonds originally issued for sewer projects must be received into the sewer fund and transferred to the debt service fund.) Resolution adopted and upon approval by Mayor assigned No. 2011-589. 10. Authorizing the transfer of $901,543.81 from Fund 010, General Fund, to Fund 100, Debt Service Fund. This transfers a portion of the Black Hawk County Solid Waste Commission distributions to pay the principal and interest on the Section 108 loan borrowed for the Riverwalls construction that is part of the Vision Iowa projects. Resolution adopted and upon approval by Mayor assigned No. 2011-590. 11. Authorizing the transfer of $915,316.78 from Fund 101, Tax Increment Financing Fund to Fund 426, Capital Improvements Fund to reimburse amounts paid for the following projects: 1. Failor-Hurley economic development grant $ 80,000.00 2. Dry Run Creek sewer study 9,539.75 3. CMC Site land purchase 355.00 4. Secor Railroad Spur Project 99,111.32 5. 123 Stanley Court land purchase 600,018.00 6. Martin Road sanitary sewer design 425.50 7. 306-308 Jefferson Street land purchase 92,781.02 8. East Fourth Street Streetscape Project 31,886.19 9. Martin Road development services 1,200.00 Total $ 915,316.78 Resolution adopted and upon approval by Mayor assigned No. 2011-591. 12. Authorizing additional transfers from Fund 101, Tax Increment Financing Fund, to Fund 426, Capital Improvements Fund in an amount to cover all additional expenses incurred through June 30, 2011 for the Dry Run Creek Sewer Study, the Secor Railarod Spur and the Martin Road Sanitary Sewer Project. Resolution adopted and upon approval by Mayor assigned No. 2011-592. 13. Authorizing the transfer of $59,000.00 from Fund 101, Tax Increment Financing Fund to the General Fund, Fund 010, to reimburse contract expenses paid by the General Fund for TIF contract expenses. Resolution adopted and upon approval by Mayor assigned No. 2011-593. 14. Waterloo Jaycees Fireworks Festival event to be held at Riverloop Expo Grounds on Saturday, July 2, 2011 (with a raindate of July 3, 2011) from 5:00 p.m. to 12:00 a.m., together with approval of Director of Safety Services -Submitted by Daniel J. Trelka, Director of Safety Services Resolution adopted and upon approval by Mayor assigned No. 2011-594. June 27, 2011 Page 3 b. Motion to approve the following: 1. 2. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Sergeant McGeough; Officer Nissen Criminal Street Gang Identification and Interdiction Johnston, Iowa August 22-24, 2011 $320.00 Investigator Richter 3 Gun Tactical Firearms Instructor Course Grain Valley, Missouri July 10- 15, 2011 $1,918.00 3. Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/ Commission Expiration Date New or Re - Appointment Dan Gillen Enterprise Zone Commission January 10, 2014 New Appointment Class C Beer License Permit Application 4. Kwik Stop 3, 1104 Washington Street (Renewal) (Expires 7/14/12) (Includes Sunday Sales) 5. Kum & Go #211, 1976 Franklin Street (New) (Expires 7/1/12) (Includes Sunday Sales) 6. Kum & Go #212, 117 E. San Marnan Drive (New)(Expires 7/1/12) (Includes Sunday) Class C Liquor License Permit Application 7. Smitty's Bar, 709 Jefferson Street (Renewal) (Expires 5/26/12) (Includes Sunday Sales) Class E Liquor License Permit Application 8. Kwik Stop 3, 1104 Washington Street (Renewal) (Expires 7/14/12) (Includes Sunday Sales) 9. Kum & Go #211, 1976 Franklin Street (New) (Expires 7/1/12) (Includes Sunday Sales) 10. Kum & Go #212, 117 E. San Marnan Drive (New)(Expires 7/1/12) (Includes Sunday) Class B Wine License Permit Application 11. Kwik Stop 3, 1104 Washington Street (Renewal) (Expires 7/14/12) (Includes Sunday Sales) 12. Kum & Go #212, 117 E. San Marnan Drive (New)(Expires 7/1/12) (Includes Sunday) Outdoor Service Area Application 13. Smitty's Bar, 709 Jefferson Street Fireworks Display Application 14. Sunnyside Golf Course on July 4, 2011 at Sunnyside Golf Course 15. The Lost Island Waterpark on July 3, 2011 at The Lost Island Waterpark Cigarette Permit Application 16. Spicoli's, 3555 University Avenue 17. X.O. Food & Liquor, 428 Franklin Street 18. City Liquor & Tobacco, 508 Broadway Street 19. John's Tobacco, 1848 Airline Highway 20. Waterloo General Market, Inc., 822 LaPorte Road 21. One Stop Action, 115 E. Arlington Street Going Out of Business Application 22. Digital Dog Pound Inc., 1205 E. San Marnan Drive 23. Bonds Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt abstained from the bill payment to Schmitt Telecom. June 27, 2011 Page 4 PUBLIC HEARINGS 136803 - Schmitt/Welper that proof of publication of notice of public hearing on F.Y. 2011 Highway 63 South Manhole Rehabilitation Project, Contract No. 809,as published in the Waterloo Courier on June 22, 2011, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 136804 - 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: Seven. Motion carried. 136805 - Schmitt/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Highway 63 South Manhole Rehabilitation Project, Contract No. 809", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-595. 136806 - Schmitt/Greenwood that "Resolution ordering construction in conjunction with F.Y. 2011 Highway 63 South Manhole Rehabilitation Project, Contract No. 809", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-596. 136807 - Schmitt/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to Waste Management Services Superintendent for review: Bidder Bid Bond Bid Amount Reilly Construction Co., Inc. P.O. Box 99 Ossian, Iowa 52161 5% $99,675.00 Voice vote -Ayes: Seven. Motion carried. 136808 - Getty/Hart that proof of publication of notice of public hearing on Purchase of Snow Removal Equipment at Waterloo Regional Airport, as published in the Waterloo Courier on June 22, 2011, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 136809 - 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. 136810 - Getty/Hart that "Resolution confirming approval of specifications, form of contract, etc. in conjunction with Purchase of Snow Removal Equipment at Waterloo Regional Airport", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-597. 136811 - Getty/Hart that "Resolution authorizing to proceed in conjunction with Purchase of Snow Removal Equipment at Waterloo Regional Airport", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-598. June 27, 2011 136812 - Getty/Hart Page 5 to receive, file and instruct City Clerk to open and read bids and refer to Airport Director for review: Bidder Bid Amount Trans -Iowa Equipment 4607 SE Rio Court Ankeny, Iowa 50021 $513,920.00 Voice vote -Ayes: Seven. Motion carried. 136813 - Greenwood/Schmitt that proof of publication of notice of public hearing on Exterior Painting of Snow Removal Equipment Building/Hangar Painting at Waterloo Regional Airport, as published in the Waterloo Courier on June 22, 2011, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 136814 - 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: Seven. Motion carried. 136815 - Greenwood/Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Exterior Painting of Snow Removal Equipment Building/Hangar Painting at Waterloo Regional Airport", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-599. 136816 - Greenwood/Schmitt that "Resolution ordering construction in conjunction with Exterior Painting of Snow Removal Equipment Building/Hangar Painting at Waterloo Regional Airport", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-600. 136817 - Greenwood/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Airport Director for review: Bidder Bid Bond Bid Amount Michael Painting & Decorating, Inc. 1008 Jefferson Street P.O. Box 44 Waterloo, Iowa 50704 5% $51,103.00 Modern Painting, Inc. 1010 Upton Avenue Waterloo, Iowa 50701 5% $56,695.00 Superior Painting & Epoxy Coatings 1530 NW 120th Clive, Iowa 50325 5% $86,662.00 Voice vote -Ayes: Seven. Motion carried. 136818 - Hart/Greenwood that proof of publication of notice of public hearing on Request of Howard L. Allen Investments, Inc. to vacate an easement generally located east of 2825 Crossroads Boulevard for the purpose of developing a retail strip center, as published in the Waterloo Courier on June 22, 2011, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 136819 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Greenwood that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Voice vote - Ayes: Seven. Motion carried. June 27, 2011 Page 6 136820 - Hart/Greenwood that "an Ordinance vacating an easement generally located east of 2825 Crossroads Boulevard", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 136821 - Hart/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 136822 - Hart/Greenwood that "an Ordinance vacating an easement generally located east of 2825 Crossroads Boulevard", 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. 5050. 136823 - Hart/Greenwood that proof of publication of notice of public hearing on Request of Howard L. Allen Investments, Inc. for a site plan amendment to the "S-1" Shopping Center District for property generally located east of 2825 Crossroads Boulevard for the purpose of developing a retail strip center, as published in the Waterloo Courier on June 22, 2011, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 136824 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Greenwood that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 136825 - Hart/Greenwood that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 421 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 136826 - Hart/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 136827 - Hart/Greenwood that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 421 to Section 2A-5, Rezoning Certain Property", 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. 5051. 136828 - Welper/Hart that proof of publication of notice of public hearing on Request of Westfield Lofts Condominium Association for the vacation, sale and conveyance of former Westfield Avenue right-of-way located between West Jefferson and West Commercial Streets, directly west and adjacent to 25 West Commercial Street for $1.00 plus costs, as published in the Waterloo Courier on June 22, 2011, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 136829 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Schmitt that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Voice vote - Ayes: Seven. Motion carried. • June 27, 2011 Page 7 136830 - Welper/Schmitt that "an Ordinance vacating former Westfield Avenue right-of-way located between West Jefferson and West Commercial Streets, directly west and adjacent to 25 West Commercial Street", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 136831 - Welper/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 136832 - Welper/Schmitt that "an Ordinance vacating former Westfield Avenue right-of-way located between West Jefferson and West Commercial Streets, directly west and adjacent to 25 West Commercial Street", 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. 5052. 136833 - Welper/Schmitt that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-601. 136834 - Schmitt/Greenwood that proof of publication of notice of public hearing on Development Agreement with Campbell Brothers Enterprises L.L.C. for the sale and conveyance of city - owned property generally located at 318 W. 12th Street for $1.00 plus costs, as published in the Waterloo Courier on June 22, 2011, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 136835 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Greenwood that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 136836 - Schmitt/Greenwood that "Resolution approving said development agreement; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-602. 136837 - Schmitt/Greenwood that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-603. 136838 - This being the time and place to reopen public hearing on Development Agreement with Sunnyside South Addition, LLC for the vacation, sale and conveyance of a portion of San Marnan Drive generally located between Galactic Drive and West 4th Street, west of Ansborough for $1.00 plus costs, for the purpose of relocating the- roadway for the creation of new residential lots, the Mayor called for written and oral objections. Jerry Shatzer, 1829 W. 7th St., spoke in opposition to the sale of property to the developer for $1.00. Jeff Stickfort, Stickfort Construction, introduced himself and welcomed any questions. Robert Molinaro, 3545 Augusta Cir., spoke in opposition to the sale of a portion of San Marnan Drive. He asked for the item to be continued to allow more outstanding questions to be answered. Mr. Getty asked that Council give some time to answer the questions and table the item. June 27, 2011 Page 8 Mayor Clark asked that the item not be tabled until the rest of the citizens present be allowed to speak prior to tabling the item. Getty/Cole To table the hearing until July 11, 2011. Voice vote -Ayes: Five. Nays: Two (Jones, Greenwood). Motion carried. Mr. Schmitt asked that a committee be established to address the questions be raised. 136839 - This being the time and place to reopen public hearing on Request of Mrs. Lola Burt for the sale and conveyance a 10,420 square foot portion of land adjacent to 522 Albany Street for $691.83 plus costs, the Mayor called for written and oral objections. Lola Burt, 522 Albany St., wanted to be sure Council had seen the schematics of the property. Mr. Welper thanked Ms. Burt for her continued investment in the City of Waterloo. Cole/Welper that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 136840 - Cole/Welper that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-604. RESOLUTIONS 136841 - Getty/Cole that "Resolution approving renewal of general and auto liability, law enforcement, public officials, errors and omissions, and umbrella insurance for a premium of $897,468.00, together with recommendation of approval of Insurance Committee -Submitted by Suzy Schares, City Clerk", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-605. 136842 - Getty/Cole that "Resolution approving one-year renewal agreement for Third Party Administration work comp insurance with Alternative Service Concepts at a cost not to exceed $23,865.00 to provide administrative and claims services for self- funded work comp insurance and Safety National Casualty at a cost of $86,139.00 to provide stop loss coverage and an agent administration fee at a cost of $8,000.00 -Submitted by Suzy Schares, City Clerk", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-606. 136843 - Getty/Cole that "Resolution authorizing City Clerk to certify against certain parcels for: unpaid life safety and rental .inspection fees; unpaid garbage and sewer fees; unpaid mowing and lot cleanup fees -Submitted by Suzy Schares, City Clerk", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-607. 136844 - Cole/Welper that "Resolution authorizing the redemption of the outstanding Sewer Revenue Bonds, Series 2004A, of the City of Waterloo, Iowa, dated August 1, 2004; and directing the Notice of Redemption be approved -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-608. .t • June 27, 2011 Page 9 136845 - Cole/Welper that "Resolution authorizing the redemption of the outstanding Sewer Revenue Bonds, Series 2004B, of the City of Waterloo, Iowa, dated August 1, 2004; and directing the Notice of Redemption be approved -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-609. 136846 - Cole/Welper that "Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing funds in the amount of $40,000.00 for each of the years ended June 30, 2011 and June 30, 2012 for the contract with Main Street -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-610. 136847 - Cole/Welper that "Resolution approving the use of MidPort Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $42,500.00 for the year ended June 30, 2011 to finance the contract with the Greater Cedar Valley Alliance - Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-611. 136848 - Cole/Welper that "Resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $42,500.00 for the year ended June 30, 2011 to finance the contract with the Greater Cedar Valley Alliance -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-612. 136849 - Welper/Greenwood that "Resolution approving the proposed Fund Balance and Reserve Policy - Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-613. 136850 - Welper/Greenwood that "Resolution authorizing the use of Rath Tax Increment Financing funds for the acquisition and demolition of property generally located at 123 Stanley Court in an amount not to exceed $610,000.00 -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-614. 136851 - Welper/Greenwood that "Resolution authorizing the use of MidPort Tax Increment Financing funds for the development of property generally located on Lot 22, MidPort Plat No. 3 in an amount not to exceed $210,000.00 -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-615. 136852 - Schmitt/Hart that "Resolution approving an agreement with Governor's Office of Drug Control Policy for FY2012 Byrne -Justice Assistance Grant (JAG) in the amount of $344,709.00, with a $122,909.00 cash match, to be used for funding the Tri - County Drug Task Force; and authorize Mayor and Director of Safety Services to execute said document -Submitted by Joe Leibold, Captain of Police Services", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-616. June 27, 2011 Page 10 136853 - Schmitt/Hart that "Resolution approving grant agreement with Black Hawk County Gaming Association in the amount of $30,000.00 to be used by the Waterloo Police Department for forensic equipment; and authorize Mayor to execute said document - Submitted by Joe Leibold, Captain of Police Services, be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-617. 136854 - Schmitt/Hart that "Resolution approving recommendation of award of bid to Flint Hills Resources for the following products: HFMS-2S at $2.0430/gallon; CRS -2P at $2.2830/gallon; and HFE-300 at $2.0430/gallon; and award of bid to Bituminous Materials for the following product: Dilute CSS -1 at $0.96/gallon in conjunction with the purchase of Emulsions for Seal Coating Program -Submitted by Mark Rice, Public Works Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-618. 136855 - Getty/Hart that "Resolution approving submission of grant application to Black Hawk County Gaming Association requesting $1,000,000.00 for funding in the construction of the Public Works Building; and authorize Mayor to execute said document - Submitted by Mark Rice, Public Works Director", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-619. 136856 - Getty/Hart that "Resolution approving award of bid and contract in the amount of $1,145,000.00 to Peterson Contractor, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2012 Anaerobic Lagoon Influent Pump Station, Contract No. 807 -Submitted by Larry N. Smith, Waste Management Services Superintendent", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-620. 136857 - Getty/Hart that "Resolution approving Agreement with Planergy Capital LLC for rights to all waste gas produced by the waste deposited and received from the Waterloo Digester; and authorize Mayor and City Clerk to execute said documents -Submitted by Larry N. Smith, Waste Management Services Superintendent", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-621. 136858 - Cole/Welper that "Resolution approving recommendation of award of contract in the amount of $95,700.00 to K&W Electric Inc. of Cedar Falls, Iowa in conjunction with City Hall & Five Sullivan Brothers Convention Center - Energy Efficient Lighting Project -Submitted by Craig Clark, Building Official/Maintenance Administrator", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-622. 136859 - Cole/Welper that "Resolution approving Contract, Bonds and Certificates of Insurance. with K&W Electric Inc. of Cedar Falls, Iowa in the amount of $95,700.00 in conjunction with City Hall & Five Sullivan Brothers Convention Center - Energy Efficient Lighting Project; and authorize Mayor and City Clerk to execute said documents -Submitted by Craig Clark, Building Official/Maintenance Administrator", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-623. June 27, 2011 Page 11 136860 - Cole/Welper that "Resolution approving Professional Services Agreement with AECOM of Waterloo, Iowa in the amount of $169,000.00 for design related services for the F.Y. 2012 Virden Creek Levee Improvements; and authorize Mayor and City Clerk to execute said document -Submitted by Jamie Knutson, P.E., Associate Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-624. 136861 - Greenwood/Schmitt that "Resolution approving application with the Iowa Department of Economic Development for Enterprise Zone Certification for the expansion of the Enterprise Zone to include the land near the former Lincoln School site; and authorize Mayor 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. 2011-625. 136862 - Greenwood/Schmitt that "Resolution approving Memorandum of Understanding with INRCOG in the amount of 1.5 percent with a maximum of $2,000.00 if the application is successful, for the writing, preparation and submittal of a State Recreational Trails Fund Application for $855,950.00 for the Cedar Valley Lakes Trail Enhancement and Water Trail Connection; and authorize Mayor and City Clerk to execute said documents -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-626. 136863 - Greenwood/Schmitt that "Resolution approving placement of temporary traffic control lights on Hess Road, approximately 'i mile north of E. Shaulis Road, at the Bamboo Ridge construction site -Submitted by Dennis Gentz, P.E., Assistant City Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-627. 136864 - Welper/Schmitt that "Resolution approving Cooperative Agreement with U.S. Department of Housing & Urban Development in the amount of $2,500.00 for the allocation of training funds for use at the Fair Housing Assistance Program/Fair Housing Initiatives Program Training Conference -Submitted by Abraham Funchess, Jr., Human Rights Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-628. 136865 - Welper/Schmitt that "Resolution authorizing Mayor Clark (or his designee) to submit an application to the Department of Justice, Bureau of Justice Assistance for the F.Y. 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $104,714.00, with no required city match -Submitted by Daniel J. Trelka, Director of Safety Services", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-629. ORDINANCES 136866 - Schmitt/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 115 to Section 2A -7N, Conditional Zoning Certain Property in conjunction with Request of Ross and Kathryn Jones for a site plan amendment to the "C -1,C -Z" Conditional Zoning District to allow for the establishment of a grinding shop and computer office within the existing building located at 700 West Parker Street", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 136867 - Schmitt/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. June 27, 2011 Page 12 136868 - Schmitt/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 115 to Section 2A -7N, Conditional Zoning Certain Property", 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. 5053. OTHER COUNCIL BUSINESS 136869 - Hart/Cole to instruct Leisure Services Director to prepare specifications, bid document, etc. in conjunction with Purchase of Public Market Kitchen Hood (Equipment Only), be approved. Voice vote -Ayes: Seven. Motion carried. 136870 - Hart/Cole that specifications, bid document, etc. in conjunction with Purchase of Public Market Kitchen Hood (Equipment Only), be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 136871 - Hart/Cole that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with Purchase of Public Market Kitchen Hood (Equipment Only)", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-630. 136872 - Hart/Cole that "Resolution setting date of hearing and bid opening as July 11, 2011 and instruct City Clerk to publish notice of plans, specifications, bid document, etc. in conjunction with Purchase of Public Market Kitchen Hood (Equipment Only)", be adopted. Roll call vote -Ayes: Seven.. Resolution adopted and upon approval by Mayor assigned No. 2011-631. 136873 - Hart/Cole to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with Public Market Interior Development Project", be adopted. Voice vote -Ayes: Seven. Motion carried. 136874 - Hart/Cole that plans, specifications, form of contract, etc. in conjunction with Public Market Interior Development Project, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 136875 - Hart/Cole that "Resolution preliminarily approving specifications, form of contract, etc. in conjunction with Public Market Interior Development Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-632. 136876 - Hart/Cole that "Resolution setting date of hearing and bid opening as July 11, 2011 and instruct City Clerk to publish notice of specifications, form of contract, etc. in conjunction with Public Market Interior Development Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-633. 136877 - Hart/Greenwood to instruct Building Official/Maintenance Administrator to prepare specifications, form of contract, etc. in conjunction with Fire Station Concrete Replacement & Repair Project, be approved. Voice vote -Ayes: Seven. Motion carried. June 27, 2011 136878 - Hart/Greenwood Page 13 that specifications, form of contract, etc. in conjunction with Fire Station Concrete Replacement & Repair Project, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 136879 - Hart/Greenwood that "Resolution preliminarily approving specifications, form of contract, etc. in conjunction with Fire Station Concrete Replacement & Repair Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-634. 136880 - Hart/Greenwood that "Resolution setting date of hearing and bid opening as July 18, 2011 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with Fire Station Concrete Replacement & Repair Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-635. 136881 - Cole/Hart to instruct Community Planning & Development Director to prepare plans, specifications, form of contract, etc. in conjunction with Request for Proposal for Asbestos survey and Abatement Monitoring Services Group 2 for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, be approved. Voice vote -Ayes: Seven. Motion carried. 136882 - Cole/Hart that plans, specifications, form of contract, etc. in conjunction with Request for Proposal for Asbestos survey and Abatement Monitoring Services Group 2 for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 136883 - Cole/Hart that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with Request for Proposal for Asbestos survey and Abatement Monitoring Services Group 2 for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-636. 136884 - Cole/Hart that "Resolution setting date of hearing and bid opening as July 11, 2011 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with Request for Proposal for Asbestos survey and Abatement Monitoring Services Group 2 for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-637. 136885 - Getty/Cole that "Resolution setting date of hearing as July 11, 2011 to approve request of Todd Welch to rezone 1.59 acres from "C-1" Commercial District to "C -1,C -Z" Conditional Zoning District, to allow for the establishment of an automobile sales office in the existing building at 1033 Decathlon Drive; 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. 2011-638. 136886 - Getty/Hart that "Resolution re -setting the date of hearing and bid opening as July 11, 2011 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with 2011 Public Market Window Replacement and New Vestibules Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-639. June 27, 2011 Page 14 ORAL PRESENTATIONS Forest Dillavou, 1725 Huntington Road, suggested the City give an explanation of the CLURA district. He also reported several streetlights that were out. Joshua Jebe, 813 Fairview, spoke regarding the rezoning of the property for the grinding shop. Mr. Schmitt announced that the fireworks will be Saturday, July 2, 2011. 136887 - Hart/Cole that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 136888 - Hart/Cole that the Council adjourn at 6:44 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy Schres City Clerk