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HomeMy WebLinkAbout05.May Council Work Session May 31, 2007 8:00 a.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Discussion of weekly council agenda and informational meeting. Motion—to adjourn. Nancy Eckert City Clerk THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. TUESDAY, MAY 29, 2007 CITY OF WATERLOO GOALS 1. Enhance the economic well-being of Waterloo by emphasizing economic development as the top priority for the City Council, resulting in an expanded tax base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Adopt the International Property Maintenance Code to improve the health, safety and appearance of the City. 6. Seek additional opportunities to share services and resources with other government entities. 7. Work toward lowering the overall property tax rate for Waterloo. 8. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. General Rules for Public Participation 1. You may address any item on the agenda by stepping to the podium, and after recognition by the chair, state your name, address and group affiliation (if appropriate)and speak clearly into the microphone. 2. You may speak one(1)time per item for a maximum of three(3)minutes. 3. Although not required by city code of ordinances, oral presentations may be allowed at the Mayor's discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1)issue per meeting for a maximum of three (3)minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 4. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 5. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 6. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Councilperson Ron Welper. Agenda, as proposed or amended. May 29, 2007 Page 2 Minutes of May 21, 2007, Regular Session, as proposed. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Resolution-to approve Bills Payment, Schedule AP640, a copy of which is on file in the City Clerk's office. b. Motion-to approve the following: 1. Eric Thorson, City Engineer, to attend 2007 American Public Works Association International Public Works Congress & Exposition in San Antonio, Texas on September 8-15, 2007, with costs not to exceed $2,363.10. 2. Larry Ticknor, Rusty Zey and Scott Kroeze, Airport Maintenance, to attend Lake Superior College ARFF Training in Duluth, Minnesota on May 29-31, 2007, with costs not to exceed $3,695.00, including use of city vehicle. 3. Michelle Weidner, Chief Financial Officer, to attend 2007 Iowa Governmental Roundtable in Des Moines, Iowa on May 17, 2007, with costs not to exceed $285.00, including use of city vehicle. 4. Louis Starks, Contracts and Grants Coordinator, to attend Hazwop/Emergency Response Course in Cedar Rapids, Iowa on June 12-14, 2007, with costs not to exceed $415.00, including use of city vehicle. 5. Steve Grim, Fire Department Instructor, to teach Advanced Transformers Class in Boscobel, Wisconsin on May 21-22, 2007, with costs not to exceed $215.00. c. Beer License Permit Application Class C A & S Petroleum, 127 Jefferson Street (Renewal) (Expires 6/29/08) (Includes Sunday Sales) d. Wine License Permit Application Class B A & S Petroleum, 127 Jefferson Street (Renewal) (Expires 6/29/08) (Includes Sunday Sales) May 29, 2007 Page 3 e. Beer/Liquor License Permit Application Class C Buzzs Bar, 1016 Maynard Avenue (Renewal) (Expires 5/27/08) (Includes Sunday Sales) Pat's Tavern, 303 West 4th Street (Renewal) (Expires 5/20/08) (Includes Sunday Sales) f Outdoor Service Area Application Buzzs Bar, 1016 Maynard Avenue g. Fireworks Display Application Waterloo Fireworks Festival, 6th Street Bridge on July 7, 2007 h. Bonds. HEARINGS 2. Vacation of 8'8" utility easement generally located on the southern portion of Lot 151 in Cedar Terrace 3rd Addition at 155 Trible Road for the purpose of constructing a 22'x 26'detached garage—Jeff Reeves. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file recommendation of approval of Planning, Programming and Zoning Commission and oral and written comments. Motion-to receive,file, consider and pass for the first time. Motion-to suspend the rules. Motion-to consider and pass for the second and third times and adopt ordinance. 3. F.Y. 2007 Budget Amendment. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to approve said budget amendment. 4. Authorization of a loan agreement and issuance of not to exceed $250,000.00 General Obligation Capital Loan Notes for a General Corporate Purpose. Motion-to receive and file proof of publication of notice of public hearing—to pay costs of funding termination payments to retiring employees, including accrued vacation and sick leave. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to institute proceedings to take additional action for authorization of said loan agreement and issuance of said note. May 29, 2007 . Page 4 5 Issuance of not to exceed $6,140,000.00 General Obligation Bonds for Essential Corporate Purposes. Motion-to receive and file proof of publication of notice of public hearing—to pay costs of acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control, storm water and drainage improvements; construction, reconstruction and repairing of street, sidewalk and intersection improvements; acquisition, construction and installation of storm sewer and sanitary sewer improvements, including lift station and interceptor improvements; acquisition of vehicles and capital equipment for the Police, Fire Rescue and Street Departments; acquisition, rehabilitation and demolition of abandoned, dilapidated or dangerous buildings and abatement of other nuisances and hazards; rehabilitation and improvement of city parks and acquisition, repair and replacement of facilities, equipment and improvements in city parks, including bikeway development, tennis court improvements and off-road maintenance equipment; acquisition, improvement and installation of traffic control devices, signage,fixtures and equipment, including traffic signal and street light improvements; acquisition and improving of the automated GIS/GPS mapping system. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to institute proceedings to take additional action for issuance of said bonds. 6. Issuance of not to exceed $3,800,000.00 General Obligation Bonds for an Essential Corporate Purpose. Motion-to receive and file proof of publication of notice of public hearing—to pay costs of refunding and refinancing General Obligation Bonds, Series 2000. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to institute proceedings to take additional action for issuance of said bonds. 7. Issuance of not to exceed $12,000,000.00 General Obligation Bonds for an Essential Corporate Purpose. Motion-to receive and file proof of publication of notice of public hearing--to pay costs of refunding and refinancing outstanding General Obligation Bonds, Series 1998A and General Obligation Bonds, Series 1999A. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to institute proceedings to take additional action for issuance of said bonds. May 29, 2007 Page 5 8. Issuance of not to exceed $1,580,000.00 General Obligation Bonds for Essential Corporate Purposes. Motion-to receive and file proof of publication of notice of public hearing--to pay costs of aiding in planning, undertaking and carrying out urban renewal project activities for the San Marnan Urban Renewal Area, the Logan Tax Increment Redevelopment Area, the Rath Tax Increment Redevelopment Area, the Martin Road District, and the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Area, including property acquisitions, demolition, and clearance for public and private redevelopment, incentive payments relating to acquisition and private redevelopment of properties within such area, and construction, repair and improvement of the East Park Avenue Parking Ramp Facility. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to institute proceedings to take additional action for issuance of said bonds. 9. Issuance of not to exceed $690,000.00 General Obligation Bonds. Motion-to receive and file proof of publication of notice of public hearing--to pay costs of reconstruction, remodeling, improvement and repairing of city buildings and facilities, including Five Sullivan Brothers Convention Center, Young Arena, Central Garage, Fire Stations and Public Library, and acquisition of computer replacements and system upgrades to city's data management and information processing systems. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to institute proceedings to take additional action for issuance of said bonds. 10. Issuance of not to exceed $415,000.00 General Obligation Bonds. Motion-to receive and file proof of publication of notice of public hearing--to pay costs of acquisition of capital equipment and vehicles for various city departments and operations; reconstruction and improvement of city golf courses. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to institute proceedings to take additional action for issuance of said bonds. 11. Issuance of not to exceed $575,000.00 General Obligation Bonds. Motion-to receive and file proof of publication of notice of public hearing--to pay costs of reconstruction, renovation and improvement of Riverfront Stadium, swimming pools and sports facilities; improvements to Center For The Arts and Youth Pavilion. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to institute proceedings to take additional action for issuance of said bonds. May 29, 2007 �.- Page 6 UNFIIVISHED BUSINESS 12. F.Y. 2007 Flood Wall Joint Repairs, Contract No. 729. Resolution-to approve communication from Associate Engineer transmitting recommendation of award of contract in the amount of$74,652.96 to Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa. 13. F.Y. 2007 Cyclone Drive/Titan Trail, Contract No. 727. Resolution-to approve communication from Associate Engineer transmitting recommendation of award of contract in the amount of$374,342.20 to K. Cunningham Construction Co., Inc. of Cedar Falls, Iowa. 14. F.Y. 2007 Recreational Trail, Contract No. 714. Resolution-to approve communication from Associate Engineer transmitting recommendation of award of contract in the amount of$625,011.15 to Cedar Valley Corp. of Waterloo, Iowa. DOCUMENTS 15. F.Y. 2007 Flood Wall Joint Repairs, Contract No. 729. Resolution-to approve communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of$74,652.96 with Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa. 16. F.Y. 2007 Cyclone Drive/Titan Trail, Contract No. 727. Resolution-to approve communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of$374,342.20 with K. Cunningham Construction Co., Inc. of Cedar Falls, Iowa. 17. Emergency Generators Installation at Fire Station 1, 3, 4, 5, 6 and 8. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting Contracts, Bonds and Certificates of Insurance in the amount of$78,985.00 with Menninga Electric of Pella, Iowa. 18. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting Professional Services Agreement with BluePrince at a total cost of$93,000.00 for purchase and installation of permit software system. 19. Resolution-to approve communication from Community Planning & Development DELETE Director transmitting Memorandum of Understanding with Iowa Northland Regional Council of Governments at a cost not to exceed $10,000.00 for preparation of Economic Development Administration grant for the Tech Works Technology Center. • May 29, 2007 Page 7 20. Resolution-to approve communication from Community Planning & Development Director transmitting application with U.S. Department of Commerce for Economic Development Administration (EDA)grant in the amount of$1,600,000.00 for renovation of the Tech Works Technology Center. 21. Resolution-to approve communication from Senior Planner transmitting Memorandum of Understanding with Iowa Northland Regional Council of Governments at a maximum cost of$2,000.00 for preparation of State Recreational Trails grant to be used for development of a trail between 6th Street and 18th Street on the south side of the Cedar River. 22. Resolution-to approve communication from Senior Planner transmitting application with Iowa Department of Transportation for State Recreational Trails grant to be used for construction of trail along the south side of the Cedar River from 6th Street to 8th Street. 23. Resolution-to approve communication from Associate Engineer transmitting City- State Agreement with Iowa Department of Transportation for federal funds for development of transportation improvements and economic development and land- use planning along the U.S. Highway 63 Corridor from U.S. 218 to Donald Street, including a new connection to Westfield. 24. Resolution-to approve communication from Senior Planner transmitting request of Paul Danielsen for tax exemptions on improvements totaling $8,500.00 for 1116 Englewood Avenue located in the Consolidated Urban Revitalization Area, together with recommendation of approval. 25. Resolution-to approve communication from Senior Planner transmitting request of Ron and Karen Atwood for tax exemptions on improvements totaling $33,000.00 for 924 Grant Avenue located in the Consolidated Urban Revitalization Area, together with recommendation of approval. 26. Resolution-to approve communication from City Planner transmitting Partial Acquisition Contract with Michael and Debra Goldsmith at a cost of$928.16 in conjunction with Donald Street Trail. 27. Resolution-to approve communication from Community Planning and Development Director transmitting amendment #2 to the agreement with Craig Ritland for design services for the Waterloo Exposition Grounds, Phase 1. 28. Resolution-to approve communication from Airport Director transmitting request to increase marketing agreement with Mathis, Earnest and Vandeventer in the amount of$7,615.91. May 29, 2007 Page 8 RESOLUTIONS TO BE ADOPTED 29. Resolution-to rescind Resolution No. 2005-945 in its entirety due to an error in the legal description and adopt a new resolution dedicating a 131/' easement along the south line of property generally located in the 400 block of Bourland Avenue for sanitary sewer purposes. 30. Resolution-to authorize the City Clerk to certify against certain parcels unpaid mowing, lot cleanup and snow removal fees. 31. Resolution-to direct advertisement for sale of$19,730,000.00 General Obligation Bonds, Series 2007A , $3,675,000.00 General Obligation Refunding Bonds, Series 2007B and $1,090,000.00 General Obligation Bonds, Taxable Series 2007C, as June 6, 2007 and approve electronic bidding procedures. ORDINANCES TO BE ADOPTED 32. An ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Section 4, of Chapter 10, Human Rights Commission, of Title 2, Board and Commissions (correcting last sentence of Section 4). Motion-to receive,file, consider and pass for the first time. Motion-to suspend the rules. Motion-to consider and pass for the second and third times and adopt ordinance. ORAL PRESENTATIONS Motion-to receive and file oral comments. Motion-to adjourn to Executive Session EXECUTIVE SESSION 1. Discussion of pending lawsuit pursuant to Iowa Code Section 21.5(1)(c)(2007). Motion-to adjourn Executive Session. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Tuesday, May 29, 2007 4:50 p.m. -Public Works Committee, Council Chambers 5:00 p.m. -Finance Committee, Council Chambers May 29, 2007 Page 9 PUBLIC INFORMATION 1. Community Development Board minutes of April 17, 2007 on file in the City Clerk's office. 2. Waterloo Convention & Visitors Bureau Board minutes of April 17, 2007 on file in the City Clerk's office. 3. Memorial Hall Commission minutes of April 25, 2007 on file in the City Clerk's office. 4. Communication from Acting Fire Chief transmitting retirement of Michael S. Pierce, Battalion Chief, effective May 9, 2007, together with recommendation of payment of$18,694.03 for unused vacation time and sick pay. CONTRACT PAYMENT SCHEDULE 1. F.Y. 2007 Asphalt Overlay Program, Contract No. 719. Pay estimate No. 2 to Aspro in the total amount due of$8,350.50. 2. F.Y. 2007 Street Reconstruction, Contract No. 718. Pay estimate No. 1 to Aspro in the total amount due of$110,752.26. 3. F.Y. 2007 Sidewalk Program -Zone 7 and Trail Repairs, Contract No. 723. Pay estimate No. 2 to Bentley Construction Inc. in the total amount due of $5,4 95.60. 4. Cedar Valley Riverfront Renaissance Waterloo Vision Iowa Projects Riverfront Loop/Cedar River Dam/Cedar River Plaza and Amphitheatre, Phase II. Pay estimate No. 27 to Earth Tech in the total amount due of$13,078.63. 5. Riverwalk Loop Trail, East 6th Street to 18th Street. Pay constructed related services to Earth Tech in the total amount due of $19,159.80. 6. Midport Blvd. Extension, Contract No. 717. Pay estimate No. 1 to Peterson Contractors in the total amount due of$24,246.33. 7. RiverWalk Loop Trail, East 6th to 18th Streets, Contract No. 696. Pay estimate No. 2 to Peterson Contractors in the total amount due of$68,736.53. 8. Waterloo Dam Rehabilitation and Riverwall Reconstruction, Contract No. 713. Pay estimate No. 2 to Peterson Contractors in the total amount due of$79,944.21. 9. Structural Review and Repair to Floodgate, Contract No. 728. Pay estimate No. 2 to VJ Engineering in the total amount due of$2,035.00. Council Work Session May 25, 2007 8:00 a.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Discussion of weekly council agenda and informational meeting. Motion—to adjourn. Nancy Eckert City Clerk THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, MAY 21, 2007 CITY OF WATERLOO GOALS 1. Enhance the economic well-being of Waterloo by emphasizing economic development as the top priority for the City Council, resulting in an expanded tax base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Adopt the International Property Maintenance Code to improve the health, safety and appearance of the City. 6. Seek additional opportunities to share services and resources with other government entities. 7. Work toward lowering the overall property tax rate for Waterloo. 8. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. General Rules for Public Participation 1. You may address anti item on the agenda by stepping to the podium, and after recognition by the chair, state your name, address and group affiliation(if appropriate)and speak clearly into the microphone. 2. You may speak one (1)time per item for a maximum of three(3)minutes. 3. Although not required by city code of ordinances, oral presentations may be allowed at the Mayor's discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3)minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 4. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 5. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 6. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Councilperson John Kincaid. Agenda, as proposed or amended. May 21, 2007 Page 2 Minutes of May 14, 2007, Regular Session, as proposed. Proclamation declaring May 20-26, 2007 as Emergency Medical Services Week. Proclamation declaring May 26, 2007 as Cool 105.7 Fourth Street Cruise Day. Swearing-in of the following firefighters: Lucas King, Eric Schmudlach and Brad Purdy. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Resolution-to approve Bills Payment, Schedule AP640, a copy of which is on file in the City Clerk's office. 2. Resolution-to approve communication from City Engineer transmitting request of Neil & Dawn Reinertson for a waiver for a concrete driveway to be located at 187 Trible Road, together with recommendation of approval. b. Motion-to approve the following: 1. Sue Holms, Police Sergeant, to attend Hostage Negotiation School in Iowa City, Iowa on June 25-29, 2007, with costs not to exceed $779.00, including use of city vehicle. 2. Phil Lowrey and Ryan Muhlenbruch, Police Officers, to attend High Risk Swat Operations School in Muscatine, Iowa on June 4-8, 2007, with costs not to exceed $2,010.00, including use of city vehicle. 3. Rob Camarata, Police Officer, to attend Practical Homicide Investigation Seminar in St. Paul, Minnesota on June 11-13, 2007, with costs not to exceed $680.00, including use of city vehicle. 4. Nancy Gulick, Community Development Coordinator, to attend National Community Development Association 2007 Annual Conference in San Francisco, California on June 18-22, 2007, with costs not to exceed $2,254.00. c. Wine License Permit Application Class B New Star Liquor, 1625 W. 4th Street (New) (Expires 2/29/08) (Includes Sunday Sales) May 21, 2007 Page 3 d. Beer License Permit Application Class B My Waterloo Days, Transfer to 1000 Fletcher Avenue June 2-3, 2007 American Golf Course, 1575 West Big Rock Road (Renewal) (Expires 6/30/08) (Includes Sunday Sales) e. Beer/Liquor License Permit Application Class C Jo Mama's, 352 Fletcher Avenue (Renewal) (Expires 6/10/08) (Includes Sunday Sales) Times Lounge, 213 East 5th Street (New) (Expires 5/22/08) (Includes Sunday Sales) f. Outdoor Service Area Application American Golf Course, 1575 West Big Rock Road g. Fireworks Display Application Waterloo Bucks Baseball Club, Riverfront Stadium on July 27, 2007 h. Bonds. HEARINGS AND BIDS 2. F.Y. 2007 Flood Wall Joint Repairs, Contract No. 729. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to confirm approval of plans, specifications, form of contract, etc. Resolution-to order construction. Motion-to receive and file and instruct City Clerk to open and read bids and refer to City Engineer for review. 3. F.Y. 2007 Cyclone Drive/Titan Trail, Contract No. 727. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to confirm approval of plans, specifications, form of contract, etc. Resolution-to order construction. Motion-to receive and file and instruct City Clerk to open and read bids and refer to City Engineer for review. May 21, 2007 Page 4 4. Purchase Agreement for Disposal of Fire Station No. 8. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to confirm approval of Request for Purchase Agreement documents. Resolution-to authorize to proceed. Motion-to receive and file and instruct City Clerk to open and read proposals and refer to City Planner for review. HEARINGS 5. Interactive Staircase for the Phelps Youth Pavilion. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to approve low bid in the amount of$57,200.00 from Sullivan Construction of Cedar Falls, Iowa. 6. Development agreement to sell and convey city-owned property generally located in the 700 block of Mobile Street for$1,600.00—Rebecca Jo Cain. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to authorize said sale and conveyance. Resolution-to approve said development agreement. UNFINISHED BUSINESS 7. Purchase of Emergency Generators for Fire Stations 1, 3, 4, 5, 6 and 8. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $161,778.00 to 3E Kohler Power Systems of Cedar Rapids, Iowa. PETITIONS FROM PUBLIC 8. Resolution-to approve communication from City Planner transmitting request of Beef Products, Inc. for a minor site plan amendment to the "M-2,P"Planned Industrial District for a gravel trailer parking area expansion of 41,421 sq. ft. to be located within the northeast area of the site, near the railroad line to the north, with Elk Run Road to the east, including berming and screening through landscaping as part of the project, and improvements to Elk Run Road. Set date of hearing, if necessary. 9. Resolution-to approve communication from City Planner transmitting request of The Other Place (formerly Fitzgerald's)for a site plan amendment to allow for renovations and a 25' addition to south side of building toward Cataract Avenue . Set date of hearing, if necessary. May 21, 2007 Page 5 DOCUMENTS 10. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting Professional Services Agreement at an estimated cost of $127,000.00 for design of Phase II of Park Avenue Parking Ramp Repair. 11. Resolution-to approve communication from Assistant City Attorney transmitting agreement with Security State Bank for cleanup of tires on the former Freese Ag Service property using remaining $10,000.00 rubble bond. 12. Resolution-to approve communication from Superintendent of Central Garage transmitting 28E Agreement with Black Hawk County Sheriff Department, Black Hawk County Engineering and Black Hawk County Country View Care Center to provide fuel. 13. Resolution-to approve communication from Associate Engineer transmitting an agreement with Earth Tech, Inc. of Waterloo, Iowa to provide engineering services at a maximum cost of$33,000.00, with city match of 25 percent, in conjunction with F.Y. 2008 Cedar River Trail, Contract No. 726. RESOLUTIONS TO BE ADOPTED 14. Resolution-to approve communication from Superintendent of Traffic Operations transmitting request to remove signals at West 6th Street and Mitchell Avenue and at Baltimore Street and Hawthorne Avenue. ORDINANCES TO BE ADOPTED 15. Rezone from "A-1"Agricultural District to "M-2,P"Planned Industrial District approximately 260 acres of land generally located along Merle Road, north of Newell Street, 3/4 mile east of North Elk Run Road to allow for development of a 750-megawatt coal-fired electric generation facility—Elk Run Energy Associates LLC. Motion-to receive,file, consider and pass for the second time. Motion-to suspend the rules. Motion-to consider and pass for the third time and adopt ordinance. Motion-to rescind Ordinance No. 4867 in its entirety. 16. An ordinance amending the 2003 Traffic Code by adding Subsection (13a) Ansborough Avenue and Olympic Drive to Section 540, Obedience to Official Traffic Control Devices (installation of traffic signals at the intersection of Ansborou_gh Avenue and Olympic Drive). Motion-to receive,file, consider and pass for the first time. Motion-to suspend the rules. Motion-to consider and pass for the second and third times and adopt ordinance. May 21, 2007 ..- ..., Page 6 NEW BUSINESS 17. Resolution-to approve communication from City Engineer transmitting request to send out notification to property owners of proposed sidewalk repairs and estimate of costs and setting date of hearing as June 11, 2007 on proposed repairs in conjunction with the Sidewalk Inspection and Repair Program -Zone 7. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, May 21, 2007 4:40 p.m. - Building and Grounds Committee, Council Chambers 4:45 p.m. - Finance Committee, Council Chambers 5:00 p.m. - Council Work Session, Council Chambers PUBLIC INFORMATION 1. Communication from Acting Fire Chief transmitting appointment of Lucas King, Eric Schmudlach and Brad Purdy to the position of Firefighter, effective May 21, 2007. 2. Waterloo Public Library Board of Trustees minutes of April 9, 2007 on file in the City Clerk's office. 3. Waterloo Leisure Services Commission minutes of April 10, 2007 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. Virden Creek Tributary Drainage Way Improvements, Contract No. 695. Pay estimate No. 7 to Ament Inc. in the total amount due of$1,330.25. 2. U.S. Highway 63 Initial Design Phase, NHSX-63-6(69)-3H-07. Pay estimate No. 12 to Earth Tech in the total amount due of$48,204.23. 3. 2007 Odor Control & HVAC Replacement Waterloo WPCF, Contract No. 653. Pay estimate No. 6 to E. B. Spencer Engineering Co. in the total amount due of $154,707.50. ', ..� May 21, 2007 Page 7 4. San Marnan Traffic Improvements, Phase III, Contract No. 702. Pay estimate No. 10 to Kirkham Michael in the total amount due of$2,276.70. 5. Riverwalk Loop Trail E. 6th to 18th Street, Contract No. 696. Pay estimate No. 1 to Peterson Contractors, Inc. in the total amount due of $44,151.92. 6. Waterloo Dam Rehabilitation, Contract No. 713 and Riverwall Reconstruction Pay estimate No. 1 to Peterson Contractors, Inc. in the total amount due of $112,765.00 and the total amount due of$23,907.32. 7. Structural Review and Repair of Floodgate, Contract No. 728. Pay estimate No. 1 to V.J. Engineering in the total amount due of$2,538.00. -1 COUNCIL WORK SESSION May 21, 2007 5:00 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Discussion of purchase of BluePrince Community Development Software System for the permit system—Building Official/Maintenance Administrator. 2. Overview of Fair Housing—Executive Director of Waterloo Human Rights Commission. Motion-to adjourn. Nancy Eckert City Clerk Council Work Session May 17, 2007 8:00 a.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Discussion of weekly council agenda and informational meeting. Motion—to adjourn. Nancy Eckert City Clerk THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, MAY 14, 2007 CITY OF WATERLOO GOALS 1. Enhance the economic well-being of Waterloo by emphasizing economic development as the top priority for the City Council, resulting in an expanded tax base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Adopt the International Property Maintenance Code to improve the health, safety and appearance of the City. 6. Seek additional opportunities to share services and resources with other government entities. 7. Work toward lowering the overall property tax rate for Waterloo. 8. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. General Rules for Public Participation 1. You may address any item on the agenda by stepping to the podium, and after recognition by the chair, state your name, address and group affiliation(if appropriate)and speak clearly into the microphone. 2. You may speak one(1)time per item for a maximum of three(3)minutes. 3. Although not required by city code of ordinances, oral presentations may be allowed at the Mayor's discretion. The "oral presentations' section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1)issue per meeting for a maximum of three (3)minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 4. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 5. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 6. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Sandie Greco, Superintendent of Traffic Operations. Agenda, as proposed or amended. May 14, 2007 Page 2 Minutes of May 7, 2007, Regular Session, as proposed. Presentation by Waterloo Exchange Club to Waterloo Leisure Services. Proclamation declaring May 19-25, 2007 as National Safe Boating Week. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Resolution-to approve Bills Payment, Schedule AP640, a copy of which is on file in the City Clerk's office. 2. Resolution-to approve communication from City Engineer transmitting request of Shania Guzman for a waiver for a concrete driveway to be located at 1116 Dundee Avenue, together with recommendation of approval. b. Motion-to approve the following: 1. Nicholas Anderson, Firefighter, to attend U.S. Fire Academy in Emmetsburg, Maryland on July 21-28, 2007, with costs not to exceed $126.30. 2. Tim Hurley, Mayor; and Brad Hagen, Airport Director; to meet with airline planners in Las Vegas, Nevada on May 22, 2007, with costs not to exceed $970.22. c. Beer/Liquor License Permit Application Class B Waterloo Jaycees Fireworks Festival, 100 Block of West 4th Street (5 days-7/3/07 - 7/8/07) d. Beer/Liquor License Permit Application Class C Smitty's Bar, 709 Jefferson Street (Renewal) (Expires 5/26/08) (Includes Sunday Sales) Paulie's Place, Inc., 814 LaPorte Road (Renewal) (Expires 5/14/08) (Includes Sunday Sales) Five Sullivan Brothers Convention Center, 200 West 4th Street (Renewal) (Expires 4/30/08) (Includes Sunday Sales) May 14, 2007 Page 3 e. Liquor License Permit Application Class E CVS Pharmacy, 2068 Logan Avenue (Renewal) (Expires 5/31/08) (Includes Sunday Sales) CVS Pharmacy, 2060 Crossroads (Renewal) (Expires 5/31/08) (Includes Sunday Sales) f. Wine License Permit Application Class B CVS Pharmacy, 2068 Logan Avenue (Renewal) (Expires 5/31/08) (Includes Sunday Sales) CVS Pharmacy, 2060 Crossroads (Renewal) (Expires 5/31/08) (Includes Sunday Sales) g. Beer License Permit Application Class C CVS Pharmacy, 2068 Logan Avenue (Renewal) (Expires 5/31/08) (Includes Sunday Sales) CVS Pharmacy, 2060 Crossroads (Renewal) (Expires 5/31/08) (Includes Sunday Sales) h. Vehicle for Hire Business License Application Yellow Cab Inc., 110 West 4th Street i. Fire Works Display Application Isle Casino and Hotel at Waterloo, 777 Isle of Capri Blvd on August 5, 2007 Waterloo Bucks, Riverfront Stadium on May 31, July 13 and August 11, 2007 j. Bonds. k. Outdoor Service Area Application Waterloo Jaycees Fireworks Festival, 100 Block of West 4th Street Smitty's Bar, 709 Jefferson Street HEARINGS 2. Sale and conveyance of property generally located at 210 Park Road for $4,140.00 B&R Quality Meats, Inc. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to authorization said sale and conveyance. May 14, 2007 Page 4 UNFINISHED BUSINESS 3. F.Y. 2007 City of Waterloo Roof Project. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of AMEND $63,965.00 to Services Roofing of Waterloo, Iowa, and in the amount of $209,140.00 to Pries Roofing of LaPorte City, Iowa. 4. Emergency Generators Installation at Fire Station 1, 3, 4, 5, 6 and 8. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $78,985.00 to Menninga Electric of Pella, Iowa. PETITIONS FROM PUBLIC 5. Resolution-to approve communication from Senior Planner transmitting request of Jeff Reeves to vacate an 8'8" utility easement generally located on the southern portion of Lot 151 in Cedar Terrace 3rd Addition at 155 Trible Road for the purpose of constructing a 22'x26' detached garage, together with recommendation of approval of Planning, Programming and Zoning Commission. Set date of hearing as May 29, 2007. DOCUMENTS 6. Park Avenue Parking Ramp Repair. Motion-to approve communication from Building Official/Maintenance Administrator transmitting Change Order No. 1 for a net increase in the amount of$5,200.00 for work to be performed by RAM Building Restoration and Waterproofing. 7. Resolution-to approve communication from Police Chief transmitting application with Department of Justice, Bureau of Justice Assistance for FY 2007 Justice Assistance Grant (JAG) in the amount of$87,833.00, with no required local match. 8. Resolution-to approve communication from Senior Planner transmitting request for a variance to the requirements of the Subdivision Ordinance in Section 2.3(1) Final Plat Submittal requirements for Preliminary and Final Plat of Huffman Addition. 9. Preliminary Plat of Huffman Addition. Resolution-to approve preliminary plat and necessary documents. 10. Final Plat of Huffman Addition. Resolution-to approve final plat and necessary documents. May 14, 2007 Page 5 11. Resolution-to approve communication from Senior Planner transmitting request for a variance to the requirements of the Subdivision Ordinance in Section 2.3(1)Final Plat Submittal requirements for Preliminary and Final Plat of Quint-Folkers Subdivision 12. Preliminary Plat of Quint-Folkers Subdivision. Resolution-to approve preliminary plat and necessary documents. 13. Final Plat of Quint-Folkers Subdivision. Resolution-to approve final plat and necessary documents. 14. Resolution-to approve communication from Senior Planner transmitting request of Waterloo Affordable Housing, LLC for tax exemptions on improvements totaling $2,694,118.00 for 1306 W. Donald Street, 1408-1416 Washington Street, 65 Conger Street, 412-422 Dane Street, 314 Logan Avenue/205 Argyle Street and 510 Oak Avenue/154 Argyle Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval. 15. Resolution-to approve communication from Senior Planner transmitting request of Jerry Makedonski for tax exemptions on improvements totaling $130,000.00 for 1013 Ann Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval. 16. Resolution-to approve communication from Superintendent of Traffic Operations transmitting agreement with Iowa Department of Transportation for Traffic Safety Improvement funding in the amount of$22,000.00 for West Fourth Street and Allen Street. AMEND 17. F.Y. 2007 City of Waterloo Roof Project. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting contracts and bonds in the amount of$63,965.00 with Services Roofing of Waterloo, Iowa, and in the amount of$209,140.00 with Pries Roofing of LaPorte City, Iowa. RESOLUTIONS TO BE ADOPTED 18. Resolution-to authorize City Clerk to certify to the Black Hawk County Treasurer the amount of$1,125.00 for unpaid demolition costs for 120 Harrison Street. 19. Resolution-to authorize City Clerk to certify to the Black Hawk County Treasurer the amount of$10,500.00 for unpaid demolition costs for 205 Walnut Street. 20. Resolution-to authorize City Clerk to certify to the Black Hawk County Treasurer the amount of$16,360.00 for unpaid demolition costs for 407-409 Pine Street. May 14, 2007 \-- Page 6 21. Resolution-to authorize City Clerk to certify to the Black Hawk County Treasurer the amount of$6,355.00 for unpaid demolition costs for 615 West 8th Street. 22. Resolution-to authorize City Clerk to certify to the Black Hawk County Treasurer the amount of$4,400.00 for unpaid demolition costs for 647 Ankeny Street. DELET$23. Resolution-to authorize City Clerk to certify to the Black Hawk County Treasurer the amount of$6,355.00 for unpaid demolition costs for 1020 West 3rd Street. 24. Resolution-to approve communication from Superintendent of Traffic Operations transmitting request to remove school signals at East 4th Street and Charles Street. 25. Resolution-to approve communication from Superintendent of Traffic Operations transmitting request to allow Isle of Capri to use a city traffic signal head as part of improvements to Shaulis Rd/US Highway 218/Dysart Road area. 26. Resolution-to elect classifications and procedures for proposed bond projects listed in the Requested G.O. Bonds 2008 Summary. 27. Resolution-to fix date of hearing as May 29, 2007 on the authorization of a loan agreement and issuance of not to exceed $250,000.00 General Obligation Capital Loan Notes for a General Corporate Purpose to pay costs of funding termination payments to retiring employees, including accrued vacation and sick leave. 28. Resolution-to fix date of hearing as May 29, 2007 on the issuance of not to exceed $6,140,000.00 General Obligation Bonds for Essential Corporate Purposes to pay costs of acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control, storm water and drainage improvements; construction, reconstruction and repairing of street, sidewalk and intersection improvements; acquisition, construction and installation of storm sewer and sanitary sewer improvements, including lift station and interceptor improvements; acquisition of vehicles and capital equipment for the Police, Fire Rescue and Street Departments; acquisition, rehabilitation and demolition of abandoned, dilapidated or dangerous buildings and abatement of other nuisances and hazards; rehabilitation and improvement of city parks and acquisition, repair and replacement of facilities, equipment and improvements in city parks, including bikeway development, tennis court improvements and off-road maintenance equipment; acquisition, improvement and installation of traffic control devices, signage, fixtures and equipment, including traffic signal and street light improvements; acquisition and improving of the automated GIS/GPS mapping system. May 14, 2007 Page 7 29. Resolution-to fix date of hearing as May 29, 2007 on the issuance of not to exceed $1,580,000.00 General Obligation Bonds for Essential Corporate Purposes to pay costs of aiding in planning, undertaking and carrying out urban renewal project activities for the San Marnan Urban Renewal Area, the Logan Tax Increment Redevelopment Area, the Rath Tax Increment Redevelopment Area, the Martin Road District, and the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Area, including property acquisitions, demolition, and clearance for public and private redevelopment, incentive payments relating to acquisition and private redevelopment of properties within such area, and construction, repair and improvement of the East Park Avenue Parking Ramp Facility. 30. Resolution-to fix date of hearing as May 29, 2007 on the issuance of not to exceed $690,000.00 General Obligation Bonds to pay costs of reconstruction, remodeling, improvement and repairing of city buildings and facilities, including Five Sullivan Brothers Convention Center, Young Arena, Central Garage, Fire Stations and Public Library, and acquisition of computer replacements and system upgrades to city's data management and information processing systems. 31. Resolution-to fix date of hearing as May 29, 2007 on the issuance of not to exceed $415,000.00 General Obligation Bonds to pay costs of acquisition of capital equipment and vehicles for various city departments and operations; reconstruction and improvement of city golf courses. 32. Resolution-to fix date of hearing as May 29, 2007 on the issuance of not to exceed $575,000.00 General Obligation Bonds to pay costs of reconstruction, renovation and improvement of Riverfront Stadium, swimming pools and sports facilities; improvements to Center For The Arts and Youth Pavilion. 33. Resolution-to fix date of hearing as May 29, 2007 on the issuance of not to exceed $12,000,000.00 General Obligation Bonds for an Essential Corporate Purpose to pay costs of refunding and refinancing outstanding General Obligation Bonds, Series 1998A and General Obligation Bonds, Series 1999A. 34. Resolution-to fix date of hearing as May 29, 2007 on the issuance of not to exceed $3,800,000.00 General Obligation Bonds for an Essential Corporate Purpose to pay costs of refunding and refinancing General Obligation Bonds, Series 2000. 35. Resolution-to set date of hearing on amendment to FYE2007 Budget as Tuesday, May 29, 2007. NEW BUSINESS 36. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$746.24 for work performed by the Water Works at 413 Conger Street, together with recommendation of approval of Waterloo Water Works Board of Trustees. May 14, 2007 Page 8 37. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$3,799.07 for work performed by the Water Works at 207 Lafayette Street, together with recommendation of approval of Waterloo Water Works Board of Trustees. 38. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$2,341.00 for work performed by the Water Works at 519 Courtland Street, together with recommendation of approval of Waterloo Water Works Board of Trustees. 39. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$1,200.00 for work performed by the Water Works at 1610 Logan Avenue, together with recommendation of approval of Waterloo Water Works Board of Trustees. 40. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$2,980.00 for work performed by the Water Works at 108 Quincy Street, together with recommendation of approval of Waterloo Water Works Board of Trustees. 41. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$5,269.07 for work performed by the Water Works at 1737 Logan Avenue, together with recommendation of approval of Waterloo Water Works Board of Trustees. 42. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$562.63 for work performed by the Water Works at 430 Linden Avenue, together with recommendation of approval of Waterloo Water Works Board of Trustees. 43. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$562.63 for work performed by the Water Works at 261 Cottage Street, together with recommendation of approval of Waterloo Water Works Board of Trustees. 44. Resolution-to approve communication from Community Development Director transmitting proposed Amendment to FY2005-FY2009 Five-Year Consolidated Plan/FY2006 One-Year Action Plan and FY2007 One-Year Action Plan. Set date of hearing as June 4, 2007. May 14, 2007 Page 9 45. U.S. 63 and Parker Street Intersection Traffic Safety Improvements, Contract No. 722. Motion-to instruct Superintendent of Traffic Operations to prepare plans, specifications,form of contract, etc. Motion-to receive and file plans, specifications,form of contract, etc. Resolution-to preliminarily approve plans, specifications,form of contract, etc. Resolution-to instruct City Clerk to publish notice of plans,specifications,form of contract, etc. and taking of bids. Set date of hearing as June 4, 2007. 46. Broadway Street Traffic Detector Loops. Motion-to instruct Superintendent of Traffic Operations to prepare bid documents, form of contract, etc. Motion-to receive and file bid documents,form of contract, etc. Resolution-to preliminarily approve bid documents,form of contract, etc. Resolution-to instruct City Clerk to publish notice of bid documents,form of contract, etc. and taking of bids. Set date of hearing as June 4, 2007. ORAL PRESENTATIONS Motion-to receive and file oral comments. Motion-to adjourn to Executive Session EXECUTIVE SESSION 1. Discussion of pending lawsuit pursuant to Iowa Code Section 21.5(1)(c)(2007). Motion-to adjourn Executive Session. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, May 14, 2007 4:50 p.m. -Public Works Committee, Council Chambers 4:55 p.m. -Human Resources Committee, Council Chambers 5:00 p.m. -Finance Committee, Council Chambers PUBLIC INFORMATION 1. Waterloo Regional Airport Board minutes of March 21, 2007 on file in the City Clerk's office. • May 14, 2007 ..- Page 10 2. Planning, Programming & Zoning Commission minutes of April 3, 2007 on file in the City Clerk's office. 3. Black Hawk County Criminal Justice Information System Board of Directors minutes of April 4, 2007 on file in the City Clerk's office. 4. Black Hawk County 911 Service Board minutes of April 4, 2007 on file in the City Clerk's office. 5. Consolidated Public Safety Communications Board minutes of April 4, 2007 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. F.Y. 2007 Asphalt Overlay Program, Contract No. 719. Pay estimate No. 1 to Aspro in the total amount due of$9,241.60. 2. F.Y. 2007 Street Reconstruction, Contract No. 718. Pay estimate No. 1 to Aspro in the total amount due of$97,084.29. 3. F.Y. 2006 M.L. King Jr. Drive Recreational Trail Head, Contract No. 709. Pay estimate No. 2 to B & B Builders in the total amount due of$28,034.36. 4. F.Y. 2007 Sidewalk Repair Program-Zone 7, Contract No. 723. Pay estimate No. 1 to Bentley Construction Inc. in the total amount due of $10,742.13. 5. F.Y. 2007 Asphalt Overlay Program, Contract No. 719. Pay Brown Traffic Products in the total amount due of$4,046.25. 6. Ansborough Avenue Interchange With U.S. Highway 20, Contract No. 667. Pay estimate No. 4 to Earth Tech in the total amount due of$7,453.11. 7. Midport Blvd. Extension & Sanitary Pump Station Improvements, Contract No. 717. Pay estimate No. 2 to Earth Tech in the total amount due of$9,761.77. 8. Odor Contract Facility at WPCF, Phase II. Pay estimate No. 3 to Earth Tech in the total amount due of$11,000.00. 9. Prescotts Creek Area Sanitary Sewer& Water Main Extensions, Contract No. 703. Pay estimate No. 7 to Happel Excavating Inc. in the total amount due of $155,071.98. 10. San Marnan Drive, Phase III, Contract No. 702. Pay estimate No. 2 to KWS, Inc. in the total amount due of$226,161.68. May 14, 2007 Page 11 11. F.Y. 2007 Riverloop Exposition Plaza, Phase I, Contract No. 721. Pay estimate No. 9 to Craig Ritland Landscape Architect in the total amount due of $22,520.00. Council Work Session May 10, 2007 8:00 a.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Discussion of weekly council agenda and informational meeting. Motion—to adjourn. Nancy Eckert City Clerk THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, MAY 7, 2007 CITY OF WATERLOO GOALS 1. Enhance the economic well-being of Waterloo by emphasizing economic development as the top priority for the City Council, resulting in an expanded tax base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Adopt the International Property Maintenance Code to improve the health, safety and appearance of the City. 6. Seek additional opportunities to share services and resources with other government entities. 7. Work toward lowering the overall property tax rate for Waterloo. 8. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. General Rules for Public Participation 1. You may address any item on the agenda by stepping to the podium, and after recognition by the chair, state your name, address and group affiliation(if appropriate)and speak clearly into the microphone. 2. You may speak one(1)time per item for a maximum of three(3)minutes. 3. Although not required by city code of ordinances, oral presentations may be allowed at the Mayor's discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1)issue per meeting for a maximum of three (3)minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 4. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 5. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 6. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Tim Shea, Superintendent of Waste Management Services Agenda, as proposed or amended. May 7, 2007 Page 2 Minutes of April 23, 2007, Regular Session, as proposed. Proclamation declaring May 12, 2007 as Letter Carrier Food Drive Day. Proclamation declaring May 13-19, 2007 as National Police Week and May 15, 2007 as Peace Officer's Memorial Day. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Resolution-to approve Bills Payment, Schedule AP640, a copy of which is on file in the City Clerk's office. 2. Resolution-to approve communication from Police Chief transmitting request of YMCA to hold 2007 Together We Play 5K on May 19, 2007 beginning at 7:00 a.m., with route to begin and end at the YMCA site. b. Motion-to approve the following: 1. Mohammad Elahi, Traffic Engineer; Randy Heiberger, Signal Technician Foreman; and Doug Eldridge, Signal Technician II; to attend Fundamentals of Wireless Data, Traffic Network Designs, Installation and Troubleshooting Training in High Ridge, Missouri on May 1-2, 2007, with costs no to exceed $495.00, including use of city vehicle. 2. Mark Rice, Superintendent of Central Garage, to attend Fleet Management Seminar in Chicago, Illinois on June 20-22, 2007, with costs not to exceed $1,225.00, including use of city vehicle. 3. Communication from Mayor Hurley transmitting recommendation of reappointment of Christa Miehe to the Waterloo Convention and Visitors Bureau, with term expiration date of June 30, 2010. 4. Communication from Mayor Hurley transmitting recommendation of appointment of James L. Zeiner and Pastor Reginald Haywood to Waterloo Housing Authority Board, with term expiration date of January 2008. c. Beer License Permit Application Class C Smokers Choice, 210 West 18th Street (Renewal) (Expires 6/7/08) May 7, 2007 Page 3 d. Liquor License Permit Application Class A Amvets Home Inc., 32 Lafayette Road (Renewal) (Expires 5/13/08) (Includes Sunday Sales) e. Beer/Liquor License Permit Application Class C Diamond Daves Crossroads, 124 Crossroads Boulevard (Renewal) (Expires 5/14/08) (Includes Sunday Sales) Olive Garden Italian Restaurant, 1315 East San Marnan Drive (Renewal) (Expires 5/28/08) (Includes Sunday Sales) Applebee's Neighborhood Grill & Bar, 2780 Crossroads Boulevard (Renewal) (Expires 6/23/08) (Includes Sunday Sales) f Liquor License Permit Application Class B Ramada Inn, 205 West 4th Street (Renewal) (Expires 4/30/08) (Includes Sunday Sales) g. Beer License Permit Application Class B Greater Cedar Valley Chamber of Commerce, 519 Mulberry Street (New) (5 days- 5/31/07- 6/5/07) (Includes Sunday Sales) h. Outdoor Service Area Application Amvets Home Inc., 32 Lafayette Road Greater Cedar Valley Chamber of Commerce, 519 Mulberry Street i. Theater License Application Mini 16 Cinema, 315 E. 4th Street Fantasy Theatre, 1850 West Airline Hwy Crossroads 12 Theatre, 2450 Crossroads Boulevard Adult Emporium, 1507 LaPorte Road j. Bonds. ADD k. Outdoor Service Area The Penalty Box, 118 Commercial Street May 7, 2007 ' ~' Page 4 HEARINGS AND BIDS 2. F.Y. 2007 City of Waterloo Roof Project. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to confirm approval of plans, specifications, form of contract, etc. Resolution-to authorize to proceed. Motion-to receive and file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator. 3. Emergency Generators Installation at Fire Station 1, 3, 4, 5, 6 and 8. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to confirm approval of plans, specifications,form of contract, etc. Resolution-to authorize to proceed. Motion-to receive and file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator. UNFINISHED BUSINESS 4. U.S. 63 and Parker Street Intersection Traffic Safety Improvements, Contract No. 722. Motion-to receive and file communication from Superintendent of Traffic Operations transmitting recommendation to reject all bids received on April 23, 2007. DOCUMENTS 5. Resolution-to approve communication from Assistant City Attorney transmitting Acknowledgment/Settlement Agreement in the amount of$300.00 with Casey's General Store, 3035 Logan Avenue,for selling tobacco, tobacco products or cigarettes to any person under eighteen years of age. 6. Resolution-to approve communication from Assistant City Attorney transmitting Acknowledgment/Settlement Agreement in the amount of$300.00 with Hy-Vee Wine & Spirits, 2126 Kimball Avenue,for selling tobacco, tobacco products or cigarettes to any person under eighteen years of age. 7. Resolution-to approve communication from City Clerk transmitting agreement with Hawkeye Chapter of the American Red Cross to use Veterans Memorial Hall in case of an emergency or disaster. • May 7, 2007 Page 5 8. Resolution-to approve communication from Senior Planner transmitting request of Ramo Husidic for tax exemptions on improvements totaling $10,000.00 for 423 Downing Avenue located in the Consolidated Urban Revitalization Area, together with recommendation of approval. 9. Resolution-to approve communication from Senior Planner transmitting request of Betty Seamans for tax exemptions on improvements totaling $105,000.00 for 430 Quincy Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval. 10. Resolution-to approve communication from Community Development Director transmitting application with U.S. Department of Housing and Urban Development for Lead-Based Paint Hazard Control Program grant. 11. Resolution-to approve communication from Associate Engineer transmitting agreement with Ament, Inc.for additional field surveying and design engineering services at a maximum cost of$4,000.00 in conjunction with F.Y. 2006 Donald Street Trail, Contract No. 700. 12. Resolution-to approve communication from Airport Director transmitting one-year agreement with Waterloo Implement to lease 72" side discharge riding mower and 20'flex wing rotary cutter at a cost of$6,950.00. 13. Resolution-to approve communication from Assistant City Engineer transmitting sanitary sewer plans for the Iowa Northern Railway Sanitary Sewer Extension at 1330 Sheffield Avenue, as submitted by Iowa Northern Railway Company, and sewage treatment agreement with Iowa Department of Natural Resources. 14. Resolution-to approve communication from Assistant City Engineer transmitting Acceptance of Plat Improvements (Sanitary Sewer)for Summerland Farms First Addition and receive and file two-year maintenance bond from Heartland Excavating LLC. RESOLUTIONS TO BE ADOPTED 15. Resolution-to approve communication from City Engineer transmitting request to remove the segment of East 4th Street from Mulberry Street to the northerly side of the East 4th Street Bridge from the Sidewalk Repair Program -Zone 7. 16. Resolution-to authorize Mayor Hurley to cancel all action on RFP for Facility Management Services and cancel June 4, 2007 date of hearing and bid opening. 17. Resolution-to declare the week of May 13, 2007 as National Police Week and May 15, 2007 as Peace Officer's Memorial Day and order flags on city facilities to be flown at half-staff on Peace Officer's Memorial Day. May 7, 2007 �.. Page 6 NEW BUSINESS 18. Resolution-to approve communication from City Planner transmitting Development Agreement with Rebecca Jo Cain to sell and convey city-owned property generally located in the 700 block of Mobile Street for$1,600.00. Set date of hearing as May 21, 2007. 19. Resolution-to set date of hearing as May 21, 2007 on bids received for the Interactive Staircase for the Phelps Youth Pavilion. 20. Purchase Agreement for Disposal of Fire Station Number 8. Motion-to instruct City Planner to prepare Request for Purchase Agreement document. Motion-to receive and file Request for Purchase Agreement document. Resolution-to preliminarily approve Request for Purchase Agreement document. Resolution-to instruct City Clerk to publish notice of Request for Purchase Agreement document and taking of proposals. Set date of hearing as May 21, 2007. HEARINGS 21. F.Y. 2007 Budget Amendment. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to approve said budget amendment. 22. Annexation of approximately 345 acres of land generally located along Merle Road, north of Newell Street, 3/4 mile east of North Elk Run Road to allow for development of a 750-megawatt coal-fired electric generation facility—Elk Run Energy Associates LLC. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—Motion to receive and file letters and petitions of support and opposition. Motion-to close hearing and receive and file recommendation of approval of Planning, Programming and Zoning Commission and oral and written comments. Resolution-to approve said annexation. May 7, 2007 Page 7 23. Rezone from "A-1"Agricultural District to "M-2,P"Planned Industrial District approximately 260 acres of land generally located along Merle Road, north of Newell Street, 3/4 mile east of North Elk Run Road to allow for development of a 750-megawatt coal-fired electric generation facility Elk Run Energy Associates LLC. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—Motion to receive and file letters and petitions of support and opposition. Motion-to close hearing and receive and file recommendation of approval of Planning, Programming and Zoning Commission and oral and written comments. Motion-to receive,file, consider and pass for the first time. Motion-to suspend the rules. Motion-to consider and pass for the second and third times and adopt ordinance. DOCUMENTS 24. Resolution-to approve communication from City Planner transmitting Development Agreement with Elk Run Energy Associates LLC for the construction and related improvements for a modern electric generating facility, with approximately $800,000.00 per year excise tax, no tax rebatement or abatement, provide for extension of utilities for the development, improvements to Newell Street, a grant of $150,000.00 for construction of a recreational trail on the east side, a grant of $400,000.00 to the Highway 63 Gateway Community Development Corporation for the Highway 63 Corridor, a grant of$100,000.00 for establishment of Technical Scholarship Fund to assist with post-secondary educational funding for students in Black Hawk County, etc. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, May 7, 2007 4:40 p.m. -Boards and Commissions, Council Chambers 4:45 p.m. -Public Safety Committee, Council Chambers 4:50 p.m. - Public Works Committee, Council Chambers 4:55 p.m. -Building and Grounds Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers May 7, 2007 Page 8 PUBLIC INFORMATION 1. Waterloo Historic Preservation Commission minutes of April 17, 2007 on file in the City Clerk's office. 2. Community Development Board minutes of March 20, 2007 on file in the City Clerk's office. 3. Waterloo Board of Adjustment minutes of March 27, 2007 on file in the City Clerk's office. 4. Memorial Hall Commission minutes of March 28, 2007 on file in the City Clerk's office. 5. Metropolitan Transit Authority minutes of March 29, 2007 on file in the City Clerk's office. 6. Board of Waterloo Water Works Trustees minutes of April 18, 2007 on file in the City Clerk's office. 7. Civil Service Commission minutes of February 28, 2007 on file in the City Clerk's office. 8. Communication from Acting Fire Chief transmitting retirement of Virgil Powell, Battalion Chief, effective April 22, 2007, together with recommendation of payment of$39,737.09 for unused vacation time and sick pay. CONTRACT PAYMENT SCHEDULE 1. San Marnan Traffic Improvements, STP-U-8155(651)-70-07. Pay estimate No. 26 to Parsons Transportation Group Inc. in the total amount due of$19,449.63. BOARDS AND COMMISSIONS May 7, 2006 4:40—4:45 p.m. Council Chambers Roll Call: Members: Chairperson Bob Greenwood Eric Gunderson Harold Getty Approval of Agenda, as proposed. NEW BUSINESS 1. Approval of Mayor Hurley's recommendation of reappointment of Christa Miehe to the Waterloo Convention and Visitors Bureau, with term expiration date of June 30, 2010. 2. Approval of Mayor Hurley's recommendation of appointment of James L. Zeiner and Pastor Reginald Haywood to Waterloo Housing Authority Board, with term expiration date of January 2008. ADJOURNMENT Nancy Eckert City Clerk Council Work Session May 3, 2007 8:00 a.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Discussion of weekly council agenda and informational meeting. Motion—to adjourn. Nancy Eckert City Clerk