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HomeMy WebLinkAbout12.December 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, DECEMBER 21, 2009 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tern) 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. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. You may speak one(1)time per item for a maximum of three(3)minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. 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: Reggie Schmitt, Ward 1 Council Member. December 21, 2009 Page 2 Agenda, as proposed or amended. Minutes of December 14, 2009, Regular Session, as proposed. Presentation of Certificate of Achievement for Excellence in Financial Reporting to the City of Waterloo, Iowa for its Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2008. Swearing-In of the following Police Officers: Kyle E. Law, Tyler B. Brownell, Thomas J. Frein II, Luke LaMere, Meho Su jic, Ryan C. Jacobson. 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 AP642, a copy of which is on file in the office of the City Clerk. b. Motion to approve the following: 1. Robert Stringer, Human Resources Director to attend NPELRA Annual Training Conference in New Orleans, Louisiana on April 26-28, 2010, with costs not to exceed $2,080.61. 2. J.B. Bolger, Golf Manager to attend Iowa Turfgrass Conference & Trade Show in Des Moines, Iowa on January 19-21, 2010, with costs not to exceed $480.00, including use of city vehicle. 3. Tom Klein, Golf Maintenance III and Mark Suchy, Golf Maintenance III to attend Iowa Turfgrass Conference & Trade Show in Des Moines, Iowa on January 19- 21, 2010, with costs not to exceed $280.00. 4. Monty Frana, Sergeant and Brian Hoelscher, Police Officer to attend Rifle Armorers Re-Certification School in LaCrosse, Wisconsin on January 12-13, 2010, with costs not to exceed $1,060.00, including use of city vehicle. 5. Communication from Human Resources Manager transmitting recommendation of appointment of Suzy Schares to the position of City Clerk, effective January 11, 2010. 6. Communication from Human Resources Manager transmitting recommendation of appointment of Michelle Boswell to the position of Executive Secretary for the Mayor's office, effective at a mutually agreed upon date. December 21, 2009 Page 3 c. Beer License Permit Application Class B National Dairy Cattle Congress, 250 Ansborough Avenue (Renewal) (Expires 12/23/10) (Includes Sunday Sales) d. Beer License Permit Application Class C XO Food & Liquor, 428 Franklin Street (Renewal) (Expires 12/14/10) (Includes Sunday Sales) Save More Foods, 1975 Franklin Street (Renewal) (Expires 1/5/11) (Includes Sunday Sales) Hy-Vee Food & Drugstore #3, 1422 Flammang Drive (Renewal) (Expires 2/8/11) (Includes Sunday Sales) Casey's General Store #2866, 51 E. Tower Park Drive (New Owner) (Expires 12/22/10) (Includes Sunday Sales) Casey's General Store #2867, 2424 Ranchero Road (New Owner) (Expires 12/22/10) (Includes Sunday Sales) e. Liquor License Permit Application Class C Roux Orleans, Bourre Lounge, Sky Event Centre, 501 Sycamore Street (New) (1/1/11) (Includes Sunday Sales & Catering Privilege) Karma Bar, 309 W. 4th Street (Renewal) (Expires 1/8/11) (Includes Sunday Sales) The Locker Room Lounge, 1918 Hawthorne Avenue (Renewal) (Expires 12/31/10) (Includes Sunday Sales) DELETED Beck's Sports Brewery, 3295 University Avenue (New) (Expires 1/1/11) (Includes Sunday Sales and Brew Pub) f. Liquor License Permit Application Class E XO Food & Liquor, 428 Franklin Street (Renewal) (Expires 12/14/10) (Includes Sunday Sales) Save More Foods, 1975 Franklin Street (Renewal) (Expires 1/5/11) (Includes Sunday Sales) Hy-Vee Food & Drugstore #3, 1422 Flammang Drive (Renwal) (Expires 2/8/11) (Includes Sunday Sales) g. Wine License Permit Application Class B XO Food & Liquor, 428 Franklin Street (Renewal) (Expires 12/14/10) (Includes Sunday Sales) Save More Foods, 1975 Franklin Street (Renewal) (Expires 1/5/11) (Includes Sunday Sales) Hy-Vee Food & Drugstore #3, 1422 Flammang Drive (Renwal) (Expires 2/8/11) (Includes Sunday Sales) December 21, 2009 Page 4 h. Beer/Wine License Permit Application Special Class C Grout Museum, 503 South Street (Renewal) (Expires 12/14/10) (Includes Sunday Sales) i. Native Wine Permit Application Casey's General Store #2866, 51 E. Tower Park Drive (New Owner) (Expires 12/22/10) (Includes Sunday Sales) Casey's General Store #2867, 2424 Ranchero Road (New Owner) (Expires 12/22/10) (Includes Sunday Sales) j. Outdoor Service Area Application Grout Museum, 503 South Street The Locker Room Lounge, 1918 Hawthorne Avenue k. Dance License Permit Application Tiki's Bar, 229 E. 4th Street i. Recommendation of Police Chief to deny the following: Liquor License Permit Application Class C Diamond Bar, 313 W. 5th Street (Renewal) (Expires 12/30/10) (Includes Sunday Sales and Catering Privilege) HEARINGS 2. Sale and conveyance for$4,330.00 city-owned property generally located at 717 Columbia Street to build a two-stall garage on the property—Emilio Castro 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. 3. Purchase of One (1) 2010 Elgin Pelican 3-Wheel Street Sweeper for Street Department from Trans-IA Equipment at a cost of$160,629.50. 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 purchase. UNFINISHED BUSINESS 4. F.Y. 2010 Office Furniture Update Project for Police Department Resolution-to approve communication from Police Chief transmitting recommendation of award of contract in the amount of$38,719.03 to Dimensions of Waterloo, Iowa. December 21, 2009 Page 5 REPORTS 5. Resolution-to approve communication from City Engineer transmitting request to rescind Resolution No. 2009-977 in its entirety and to approve revised list for Reconstruction and Overlay Street Improvements for 2010. 6. Motion-to approve communication from Chief Financial Officer transmitting City of Waterloo Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2009. DOCUMENTS 7. Resolution-to approve communication from Director of Waterloo Center For The Arts transmitting application with Waterloo Convention & Visitors Bureau Hotel/Motel grant in the amount of$9,472.00 for general marketing, advertising and printing expenses for the Waterloo Center For The Arts. 8. Resolution-to approve communication from Director of Waterloo Center For The Arts transmitting application with Iowa Department of Economic Development for Community Attraction and Tourism Program Marketing grant in the amount of $15,000.00, with required 50 percent local cash match, to be used for advertising and promotional efforts of the Phelps Youth Pavilion. 9. Resolution-to approve communication from Leisure Services Director transmitting grant applications with McElroy Trust in the amount of$25,000.00, Black Hawk Gaming Commission in the amount of$20,000.00, Black Hawk County Board of Supervisors in the amount of$5,000.00, to provide the match required by the Vision Iowa Board for a RECAT grant for Mark's Park and Performance Structure. 10. Resolution-to approve communication from City Planner transmitting request for a variance to the requirements of the Subdivision Ordinance in Section 2.3(1)Final Plat Submittal for Preliminary and Final Plat of Kalsem Minor Plat. 11. Preliminary Plat of Kalsem Minor Plat. Resolution-to adopt preliminary plat and necessary documents. 12. Final Plat of Kalsem Minor Plat. Resolution-to adopt final plat and necessary documents. 13. Resolution-to approve communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Aspro, Inc. & Subsidiaries of Waterloo, Iowa at a total cost of$3,229,675.54 for the F.Y. 2008 Street Reconstruction Program, Contract No. 736. December 21, 2009 Page 6 14. F.Y. 2008 Street Reconstruction Program, Contract No. 736 Motion-to approve communication from Assistant City Engineer transmitting Change Order No. 2 for a net increase in the amount of$69,794.26 for work performed by Aspro, Inc. & Subsidiaries of Waterloo, Iowa. 15. Resolution-to approve communication from Assistant City Engineer transmitting Construction Plans for Sanitary Sewer Serving Anderson Building, Et Al, as submitted by VJ Engineering, Inc. of Cedar Falls, and Sewage Treatment Agreement with Iowa Department of Natural Resources. 16. Resolution-to approve communication from Associate Engineer transmitting modified agreement with Snyder&Associates of Ankeny, Iowa at a cost not to exceed $46,972.00, with 20 percent city match not to exceed $9,394.40, to provide professional services for the design of the F.Y. 2010 Ridgeway Avenue and La Porte Road Connection, Contract No. 775. RESOLUTIONS TO BE ADOPTED 17. Resolution-to rescind Resolution No. 2009-1193 and adopt new resolution for the City of Waterloo, Iowa Driver's License and Accident Policy and rescind the City of Waterloo Insurability Criteria for Driving City Vehicles. 18. Resolution-to approve communication from Mayor Tim Hurley transmitting request from Waterloo Center For The Arts for discretionary hotel/motel tax funds in the amount of$25,091.00 for support of Youth Pavilion marketing. 19. Resolution-to approve communication from Executive Director of Waterloo Convention & Visitors Bureau transmitting recommendation of hotel/motel mini- grants in the amount of$1,000.00 for The Girl Scouts Present an Evening with Olympic Gold Medalist Shawn Johnson to be held on March 25, 2010 to assist with advertising costs; and $950.00 for Waterhawks Ski Team to assist with web site re-development. 20. Resolution-to approve communication from City Engineer transmitting request for reduced storm water management fees for the Storm Water Management Program for Low-Income Households and Single Family Households over 65 years of age. 21. Resolution-to accept and approve acquisition of property generally located at 233 Ash Street, as granted by court order pursuant to Section 657A of the Iowa Code. 22. Resolution-to accept and approve acquisition of property generally located at 1828 Franklin Street. December 21, 2009 Page 7 NEW BUSINESS 23. Resolution-to approve communication from Leisure Services Director requesting to CHANGED rescind Resolution No. 2009-1215 and to set new date of hearing as January 11, 2010 on the Purchase of 2010 Golf Turf Equipment. FINAL REMARKS FROM MAYOR TIM HURLEY ADJOURNMENT Carol Failor Deputy City Clerk MEETINGS Monday, December 21, 2009 4:10 p.m. -Appeals Hearing, Council Chambers 4:20 p.m. - Public Works Committee, Council Chambers 4:25 p.m. -Public Safety Committee, Council Chambers 4:30 p.m. - Council Work Session, Council Chambers 4:45 p.m. - Council Work Session, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Communication from Police Chief transmitting appointment of Kyle E. Law, Tyler B. Brownell, Thomas J. Frein II, Luke LaMere, Meho Sufic and Ryan C. Jacobson to the position of Police Officer effective December 21, 2009. 2. Communication from Police Chief transmitting retirement of Scott Lake, Police Officer, effective November 18, 2009, together with recommendation of payment of $8,481.37 for unused vacation and sick leave. 3. Communication from Superintendent of Traffic Operations transmitting resignation of Nick Dunn, Signal Technician II, effective December 9, 2009, together with recommendation of payment of$895.90 for unused vacation and sick leave. CONTRACT PAYMENT SCHEDULE 1. Waterloo Storm Water Utility Development & Project Professional Services. Pay to Snyder&Associates in the total amount due of$8,882.85. 2. Tower Park Trail Pay estimate No. 7 to JDE Engineering in the total amount due of$4,866.25. December 21, 2009 ` Page 8 3. F.Y. 2009 West Shaulis Road Extension, Contract No. 759 Pay estimate No. 7 to Peterson Contractors in the total amount due of$51,497.90. 4. Riverloop Exposition Plaza Signaqe, Contract No. 755 Pay estimate No. 4 to Nagle Signs in the total amount due of$1,389.80. 5. 2010 Sanitary Sewer Relocation Pay estimate No. 1 to Peterson Contractors Inc. in the total amount due of $26,219.81. 6. Cedar Valleq Riverfront Renaissance Waterloo Vision Iowa Projects Pay to AECOM in the total amount due of$40,724.79. 7. Cedar Valley Riverfront Renaissance Waterloo Vision Iowa Projects Pay to AECOM in the total amount due of$16,935.14 Council Work Session December 21, 2009 4:45 —5:00 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Present audited financial statements for Fiscal Year Ended June 2009— McGladrey& Pullen Adjourn. Carol Failor Deputy City Clerk Council Work Session December 21, 2009 4:30—4:45 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Kingsley "First Leggo League" students will present findings on a safe routes to school study Adjourn. Carol Failor Deputy City Clerk APPEALS HEARING December 21, 2009 4:10—4:20 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Appeal of Section 5-1B-7 of the Waterloo Code of Ordinances, Registration of Potentially Dangerous Dogs for dog named Duke - Corey Dripps. HOLD HEARING. Motion-to close hearing and receive and file oral and written comments. Motion-to affirm or reverse decision of Animal Control Motion-to adjourn. Carol Failor Deputy City Clerk Council Work Session December 17, 2009 8:00 a.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Discussion of weekly council agenda. Motion to adjourn. Carol Failor Deputy 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, DECEMBER 14, 2009 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. • 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) 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. 2. At the chair/presider's discretion,you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these general rules". 4. You may speak one(1)time per item for a maximum of three(3)minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. 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: Mayor Timothy Hurley. December 14, 2009 � Page 2 Agenda, as proposed or amended. Minutes of December 7, 2009, 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 AP642, a copy of which is on file in the office of the City Clerk. b. Motion to approve the following: 1. Nancy Gulick, Community Development Coordinator, to attend 2010 Winter Legislative and Policy Meeting in Washington, D.C. on January 20-22, 2010, with costs not to exceed $2,060.00. 2. Tim Moyer, Chief Electrical Inspector, to take the required Commercial Electrical Exam in Des Moines, IA on December 9, 2009, with costs not to exceed $180.00. c. Beer License Permit Application Class B National Dairy Cattle Congress, 250 Ansborough Avenue (Renewal) (Expires 12/23/10) (Includes Sunday Sales) d. Beer License Permit Application Class C Casey's General Store #2867, 2424 Ranchero Road (New Owner) (Includes Sunday Sales) Casey's General Store #2866, 51 E. Tower Park Drive (New Owner) (Includes Sunday Sales) e. Liquor License Permit Application Class C Beck's Sport's Brewery, 3295 University Avenue (New) (Expires 1/01/11) (Includes Sunday Sales and Brew Pub) DELETE Diamond Bar, 313 W. 5th Street (Renewal) (Expires 12/30/10) (Includes Sunday Sales and Catering Privilege) The Locker Room Lounge, 1918 Hawthorne Avenue (Renewal) (Expires 12/31/10) (Includes Sunday Sales) Tiki's, 229 E. 4th Street (New Owner) (Expires 12/25/10) December 14, 2009 Page 3 f Native Wine Permit Application Casey's General Store #2867, 2424 Ranchero Road (New Owner) (Includes Sunday Sales) Casey's General Store #2866, 51 E. Tower Park Drive (New Owner) (Includes Sunday Sales) g. Outdoor Service Area Application The Locker Room Lounge, 1918 Hawthorne Avenue h. Cigarette/Tobacco Permit Application Casey's General Store #2867, 2424 Ranchero Road Casey's General Store #2866, 51 E. Tower Park Drive HEARINGS 2. Vacation of a portion of right-of-way generally located at the northwest corner of E. San Marnan Drive and La Porte Road for the purpose of future commercial development 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. 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. 2010 River Renaissance Trail- 6th Street to 18th Street, Contract No. 761 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. (State bid opening on 12/15/09) 4. Sale and conveyance of city-owned property generally located at 317 Oneida Street for$1,320.00 to accommodate for future expansion of an existing parking lot— Antioch Baptist Church 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. PETITIONS FROM PUBLIC 5. Resolution-to approve communication from Community Planning & Development Director transmitting request of Emilio Castro to sell and convey for$4,330.00 city- owned land generally located at 717 Columbia Street to build a two-stall garage on the property. Set date of hearing as December 21, 2009. December 14, 2009 . Page 4 DOCUMENTS 6. Runway 18-36 Rehabilitation at Waterloo Regional Airport. Motion-to approve communication from Airport Director transmitting Change Order No. 1 for a net increase in the amount of$31,700.00 for work performed by K. Cunningham Construction, Inc. of Cedar Falls, Iowa. 7. Resolution-to approve communication from Airport Director transmitting agreement addendum with Iowa Department of Transportation for FY 2010 Commercial Service Vertical Infrastructure Program to decrease eligible project funding from $104,376.00 to $93,938.00, with no required match,for engineering and construction costs at the Waterloo Regional Airport. 8. Resolution-to approve communication from City Planner transmitting amendment to contracts and promissory notes for Disaster Recovery Business Rental Assistance Program with the following: Cross Checking Inc, d.b.a. The Penalty Box, 118 Commercial Street, changing the total financial assistance amount from $20,706.42 to $19,198.44. 9. Resolution-to approve communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Aspro, Inc. of Waterloo, Iowa at a total cost of$1,508,193.32 for the F.Y. 2009 Economic Stimulus Overlay, Contract No. 758. 10. Resolution-to approve communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Aspro, Inc. of Waterloo, Iowa at a total cost of$2,853,233.78 for the F.Y. 2009 Asphalt Overlay Program, Contract No. 754, and receive and file two-year Maintenance Bond. 11. F.Y. 2010 Fletcher Avenue Flood Gate Repairs, Contract No. 753 Resolution-to approve communication from Associate Engineer transmitting Contract, Bonds and Certificates of Insurance in the amount of$55,985.00 with Magee Construction Company of Cedar Falls, Iowa. 12. Resolution-to approve communication from Associate Engineer transmitting Professional Services Agreement with VJ Engineering of Cedar Falls, Iowa at a cost not to exceed $6,000.00 to provide professional services for F.Y. 2010 Fletcher Avenue Flood Gate Repairs, Contract No. 753. 13. F.Y. 2009 Economic Stimulus Overlay, Contract No. 758 Motion-to approve communication from Associate Engineer transmitting Change Order No. 3 for a net decrease in the amount of$48,449.27 for work performed by Aspro, Inc. of Waterloo, Iowa. December 14, 2009 Page 5 14. F.Y. 2009 Asphalt Overlay Program, Contract No. 754 Motion-to approve communication from Associate Engineer transmitting Change Order No. 7 for a net decrease in the amount of$68,348.25 for work performed by Aspro, Inc. of Waterloo, Iowa. 15. Resolution-to approve communication from Community Planning & Development Director transmitting request for a variance to the requirements of the Subdivision Ordinance in Section 2.3(1)Final Plat Submittal for Preliminary and Final Plat of Preserve at Crossroads. 16. Preliminary Plat of Preserve at Crossroads. Resolution-to adopt preliminary plat and necessary documents. 17. Final Plat of Preserve at Crossroads. Resolution-to adopt final plat and necessary documents. 18. Resolution-to approve communication from Superintendent of Traffic Operations transmitting agreement with Iowa Department of Transportation for Kimball Avenue Traffic Study in the amount of$50,000.00, with 80 percent reimbursable by Federal STPU funds, and the city covering 20 percent of the costs. 19. Resolution-to approve communication from Superintendent of Traffic Operations transmitting agreement with Iowa Department of Transportation for installation of warning signs on IA 21 approaches to East Orange Road in the amount of $15,500.00, with 55 percent reimbursable by State U-STEP funds, and the city covering 45 percent of the costs. 20. Resolution-to approve communication from Community Planning & Development Director transmitting Closeout Agreement with the U.S. Environmental Protection Agency for Waterloo Brownfield Cleanup Revolving Loan Fund used to cleanup the Construction Machinery site. ORDINANCES TO BE ADOPTED 21. An ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa for the Storm Water Management Program 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. 22. An ordinance fixing Storm Water User Fees pursuant to Section 8-4-7 of the 2007 Code of Ordinances of the Citz1 of Waterloo, Iowa 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. December 14, 2009 Page 6 NEW BUSINESS 23. Purchase of 2010 Golf Turf Equipment. Motion-to instruct Leisure Services Director 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 Deputy City Clerk to publish notice of plans, specifications, form of contract, etc. and taking of bids. Set date of hearing as January 4, 2010. 24. Purchase of One (1) 2010 Elgin Pelican Street Sweeper. Motion-to instruct Superintendent of Central Garage to prepare specifications, bid document, etc. Motion-to receive and file specifications, bid document, etc. Resolution-to preliminarily approve specifications, bid document, etc. Resolution-to instruct Deputy City Clerk to publish notice of specifications, bid document, etc. Set date of hearing as December 21, 2009. ORAL PRESENTATIONS Motion-to receive and file oral comments. Motion-to adjourn to Executive Session. EXECUTIVE SESSION 1. Discussion of strategy in matters in litigation pursuant to Iowa Code Section 21.5(1)(c)(2007). Motion-to adjourn Executive Session. ADJOURNMENT Carol Failor Deputy City Clerk MEETINGS Monday, December 14, 2009 4:50 p.m. —Human Resources Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers December 14, 2009 Page 7 PUBLIC INFORMATION 1. Black Hawk County Criminal Justice Information System Board of Directors minutes of October 7, 2009 on file in the office of the City Clerk. 2. Consolidated Public Safety Communications Center Board minutes of November 4, 2009 on file in the office of the City Clerk. 3. Black Hawk County 911 Service Board minutes of November 4, 2009 on file in the office of the City Clerk. 4. Waterloo Water Works Board of Trustees minutes of November 18, 2009 on file in the office of the City Clerk. CONTRACT PAYMENT SCHEDULE 1. Permanent Easement South of Ranchero Road between DeWitt Rd and Hwu 63 Pay estimate No. 1 to Gene and Marcia Meyer in the total amount due of$253.05. 2. Cedar River Dam and Riverwall Reconstruction, Contract 713 Pay estimate No. 58 to Peterson Contractors, Inc. in the total amount due of $31,238.85. 3. Riverloop Exposition Plaza Div. 1, Contract No. 721 Pay estimate No. 44 to Cunningham Construction in the total amount due of $4,199.73. 4. F.Y. 2008 Street Reconstruction, Contract No. 736 Pay estimate No. 30 to Aspro, Inc. in the total amount due of$20,894.72. 5. Riverwalk Loop Overloop Enhancements, Contract No. 743 Pay estimate No. 23 to Vieth Construction Corp. in the total amount due of $36,510.58. 6. F.Y. 2009 Street Reconstruction Program, Contract No. 756 Pay estimate No. 16 to Aspro, Inc. in the total amount due of$368,463.34. 7. F.Y. 2010 Geraldine Road, Contract No. 767 Pay estimate No. 4 to V.J. Engineering in the total amount due of$817.00. Council Work Session December 10, 2009 8:00 a.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Discussion of weekly council agenda. Motion—to adjourn. Carol Failor Deputy 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, DECEMBER 7, 2009 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) 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. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. You may speak one(1)time per item for a maximum of three(3)minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. 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. December 7, 2009 Page 2 Agenda, as proposed or amended. Minutes of November 23, 2009, Regular Session, as proposed. Community of Character Award presentation to the Cedar Valley. Recognition of Chuck Meinders for 34 years of service; Rick Westphal and Steve Scanlon for 30 years of service. 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 AP642, a copy of which is on file in the office of the City Clerk. 2. Communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$1,926.30 for work performed by the Water Works at 1024 Vine Street, together with recommendation of approval of Board of Water Works Trustees. 3. Communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$593.65 for work performed by the Water Works at 506 Denver Street, together with recommendation of approval of Board of Water Works Trustees. b. Beer License Permit Application Class C Ali's West Side Liquor, 919 W. 5th Street (Renewal) (Expires 12/19/10) (Includes Sunday Sales) c. Liquor License Permit Application Class C Balkan Grill, 926 LaPorte Road (Renewal) (Expires 11/21/10) (Includes Sunday Sales) Red Lobster#6267, 941 E. San Marnan Drive (Ownership Change) (Expires 3/11/10) Olive Garden Italian Restaurant #1489 (Ownership Change) (Expires 5/29/10) d. Liquor License Permit Application Class E Ali's West Side Liquor, 919 W. 5th Street (Renewal) (Expires 12/19/10) (Includes Sunday Sales) December 7, 2009 Page 3 e. Wine License Permit Application Class B Ali's West Side Liquor, 919 W. 5th Street (Renewal) (Expires 12/19/10) (Includes Sunday Sales) f. Recycling Yard License Applications for Approval Airline Auto Plaza, 1346 W. Airline A-Line Iron and Metal, 808 Dearborn A-Line Iron and Metal 1500 David Alter Trading, 1500 W. Airline Chase Auto Parts, 1041 Sheffield Chase Auto Parts, 1117 Sheffield Jones Metals, 2452 Burton Kevin's Car and Truck, 953 Fulton Midwest Auto Parts, 275 Rampart New Deal Auto Salvage, 612 Power Northside Auto, 821 Dearborn Pat's Auto Salvage, 924 Lowell Pat's Auto Salvage, 945 Lowell Pat's Auto Salvage, 1000 Lowell Pierce Used Cars, 1500 Commercial Plum's R&B, 2630 W.C.F.& N. Drive Quail's Auto Salvage, 202 Glendale R's Recycling, 110 Court Avenue Tournier Recycling, 900 Fulton Vic Fuller Salvage 2112 Mitchell Vic Fuller Salvage 2113 Mitchell Waterloo Auto Parts, 1491 David Waterloo Auto Parts, 1501 Grandview Weekley's Recycling, 105 Dunham Place Wilber Auto Body, 2220 Easton g. Recycling Yard License Applications for No Action Litzkow Auto Parts, 1720 Black Hawk h. Bonds December 7, 2009 Page 4 HEARINGS AND BIDS 2. F.Y. 2010 Office Furniture Update Project for Police Department 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 specifications, bid document, etc. Resolution-to authorize to proceed. Motion-to receive and file and instruct Deputy City Clerk to open and read bids and refer to Police Chief for review. 3. Archaeological Services for Hazard Mitigation Grant Program (HMGP) Property Acquisition Project-Public Assistance (PA)Demolition. 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 Proposal, contract, etc. Resolution-to authorize to proceed. Motion-to receive and file and instruct Deputy City Clerk to open and read bids and refer to Community Planning & Development Director for review. UNFINISHED BUSINESS 4. F.Y. 2010 Fletcher Avenue Flood Gate Repairs, Contract No. 753 Resolution-to approve communication from Associate Engineer transmitting recommendation of award of contract in the amount of$55,985.00 to Magee Construction Company of Cedar Falls, Iowa. PETITIONS FROM PUBLIC 5. Resolution-to approve communication from City Planner transmitting request of Turn Key Associates, L.C. for a minor site plan amendment to the "B-P"Business Park District for the development of an office complex on Lot 1 of Greenbelt Centre Plat No. 3 to be located at the northeast corner of Greyhound Drive and Athens Drive. 6. Resolution-to approve communication from Community Planning & Development Director transmitting Development Agreement with Roosevelt Roby by request of Antioch Baptist Church to sell and convey property generally located at 317 Oneida Street for$1,320.00. Set date of hearing as December 14, 2009. REPORTS 7. Resolution-to approve communication from Waterloo Water Works General Manager transmitting Calendar Year 2010 Budget. December 7, 2009 Page 5 DOCUMENTS 8. F.Y. 2010 ADA Accessibility Plan, University Avenue and Greenhill Road Motion-to approve communication from Building Official/Maintenance Administrator transmitting Change Order No. 1 for a net increase of$20,200.00 for work performed by Stickfort Construction of Cedar Falls, Iowa. 9. Resolution-to approve communication from Assistant City Engineer transmitting AMENDED Recommendation of Acceptance of Work performed by B & B Builders and Supply of Waterloo, Iowa for the West Ridgeway Avenue Two-Way Left Turn Lane —Phase I Improvements, and receive and file two-year Maintenance Bond. 10. Resolution-to approve communication from Community Planning & Development Director transmitting Memorandum of Understanding with Iowa Northland Regional Council of Governments at a maximum cost of$1,000.00 for grant writing services for a Low Head Safety Dam Program grant for construction of downtown portages along the Cedar River Water Trail. 11. Resolution-to approve communication from Leisure Services Director transmitting completion of project and final payment of$16,368.00 for work performed by B & B Builders & Supply of Waterloo, Iowa for 2009 Riverview Recreation Area Trail Enhancements. 12. Resolution-to approve communication from City Planner transmitting contracts and promissory notes for Disaster Recovery Business Rental Assistance Program with the following: Rock King, LP, 109 Jefferson Street, for$50,000.00; Dajerabby, Inc., 228 E. 4th Street,for$50,000.00; The Tiki Bar, 229 E. 4th Street, for $18,000.00; Gold Comb, 311 W. 4th Street,for$7,200.00; Silver Threads, Inc., 328 E. 4th Street,for$5,400.00; Impact Marketing Technologies, Inc., 110 Fletcher Avenue,for$11,924.52; Technology Resources International, Inc., 722 Water Street,for$3,000.00; Schmitt Telecom Partners, Inc., 722 Water Street, for $15,000.00; Blue River Bar, 315 W. 4th Street,for$15,000.00; The Loop, 528 Mulberry Street,for$4,200.00; Walden Pawn, 223 W. 4th Street,for$4,200.00; Mi3rdeye Photography, 501 Sycamore Street,for$3,000.00; Stoner's Radiator Service, LTD, 724 Jefferson Street,for$20,013.96; Iowa Sports Center, LLC, 1719 Commercial Street,for $7,200.00; Jameson's, 310 E. 4th Street,for$15,360.00; Waterloo Barber College, 722 Water Street,for$42,000.00; Cummings Ventures II dba Butt Ugly's Saloon, 728 Commercial Street,for$16,200.00; The Drunken Monkey, 307 W. 4th Street, for$11,182.50; BioMarkinetics, LLC, 219 W. 4th Street, for$7,200.00; and New York Life, 722 Water Street,for $3,499.98. 13. Resolution-to approve communication from Community Planning & Development Director transmitting Right of Entry Agreement with Operation Threshold and Department of Corrections to allow drilling of test wells on the future Human Services Campus. December 7, 2009 �,,,. �... Page 6 RESOLUTIONS TO BE ADOPTED 14. Resolution-to cancel regular City Council meeting of December 28, 2009 due to the Christmas Holiday. 15. Resolution-to rename portions of public streets serving the Techworks Addition generally located off River Road, Westfield Avenue, Jefferson Street and unnamed public street generally described as the southerly extension of West Commercial Street. 16. Resolution-to approve the Driver's License and Accident Policy for the City of Waterloo, Iowa. ORDINANCES TO BE ADOPTED 17. An ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa for the Storm Water Management Program 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. 18. An ordinance fixing Storm Water User Fees pursuant to Section 8-4-7 of the 2007 Code of Ordinances of the City of Waterloo, Iowa 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. 19. An ordinance amending the Standing Committees of the Council pursuant to Section 1-4-4 of the 2007 Code of Ordinances of the City of Waterloo, Iowa 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. NEW BUSINESS 20. F.Y. 2010 River Renaissance Trail from W. 6th Street to W. 18th Street, Contract No. 761 Motion-to instruct City Engineer to prepare plans, specifications,form of contract, etc. Motion-receive and file plans, specifications, form of contract, etc. Resolution-to preliminarily approve plans, specifications, form of contract, etc. Resolution-to instruct Deputy City Clerk to publish notice of plans, specifications, form of contract, etc. Set date of hearing as December 14, 2009. (Iowa Department of Transportation to hold bid letting December 15, 2009) December 7, 2009 Page 7 ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Carol Failor Deputy City Clerk MEETINGS Monday, December 7, 2009 3:50 p.m. - Council Work Session, Council Chambers 4:10 p.m. - Building and Grounds Committee, Council Chambers 4:15 p.m. - Finance Committee, Council Chambers 4:35 p.m. - Council Work Session, Council Chambers PUBLIC INFORMATION 1. Waterloo Regional Airport Board minutes of October 21, 2009 on file in the office of the City Clerk. 2. Civil Service Commission minutes of November 12, 2009 on file in the office of the City Clerk. 3. Community Development Board minutes of October 20, 2009 on file in the office of the City Clerk. CONTRACT PAYMENT SCHEDULE 1. General Obligation Bond Demolition Project, Contract No. 163-D-GO-07-20-09 Pay estimate No. 3 to Kayser Plumbing & Heating in the total amount due of $12,825.00. Council Work Session December 7, 2009 3:50—4:10 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Maureen Collins-Williams presentation on MyEntre.Net. Adjourn. Carol Failor Deputy City Clerk Council Work Session December 7, 2009 4:35—5:20 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Snyder & Associates presentation on Storm Water Management Program ordinance and fee schedule. Adjourn. Carol Failor Deputy City Clerk Council Work Session December 3, 2009 8:00 a.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Discussion of weekly council agenda. Motion—to adjourn. Carol Failor Deputy City Clerk