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HomeMy WebLinkAbout11.November 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, NOVEMBER 23, 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: Mark Rice, Superintendent of Central Garage. November 23, 2009 Page 2 Agenda, as proposed or amended. Minutes of November 16, 2009, Regular Session, as proposed. Recognition of Timothy Pillack 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. b. Motion to approve the following: 1. Cammie Scully, Director; Kent Shankle, Curator, to tour collections, visit artists and purchase for the Mexican folk art collection in Mexico on January 30- February 14, 2010, with costs not to exceed $5,600.00. 2. Communication from Mayor Tim Hurley transmitting recommendation of reappointment of Craig Caslavka to the Waterloo Water Works Board, with term expiration date of January 12, 2016. 3. Communication from Deputy City Clerk transmitting request of Richard Warhol for an exception to burning yard waste to burn approximately 1,500 sq.ft. of prairie grass located to the rear of the lot at 2151 Grand Boulevard in mid-November to December, with recommendation of approval of Fire Chief c. Beer License Permit Application Class B La Michuacana Restaurant, 1221 Franklin Street (Renewal) (Expires 11/12/10) (Includes Sunday Sales) d. Beer License Permit Application Class C One Stop, 2100 Lafayette Street (New Owner) (Expires 10/07/10) (Includes Sunday Sales) November 23, 2009 Page 3 e. Liquor License Permit Application Class C Club 2000, 2000 Hawthorne Avenue (Renewal) (Expires 06/06/10) Club Xclusive, 1607 Sycamore Street (New Owner) (Expires 11/25/10) (Includes Sunday Sales) Trucker Bar, 1915 Bourland Avenue (Renewal) (Expires 12/12/10) (Includes Sunday Sales) Joan's 9'er, 929 W. 5th Street (Renewal) (Expires 11/30/10) (Includes Sunday Sales) Spicoli's, 3555 University Avenue (Renewal) (Expires 12/11/10) (Includes Sunday Sales) The Winning Edge, 341 Fletcher Avenue (Renewal) (Expires 12/02/10) (Includes Sunday Sales) f. Wine License Permit Application Class B Prime Mart 1008 LaPorte Road (New) (Expires 11/22/10) g. Outdoor Service Area Application Joan's 9'er, 929 W. 5th Street Spicoli's, 3555 University Avenue h. Cigarette/Tobacco Permit Application Harris One Stop, 220 West Parker Street One Stop, 2100 Lafayette Street HEARINGS AND BIDS 2. F.Y. 2010 Fletcher Avenue Flood Gate Repairs, Contract No. 753. 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 Deputy City Clerk to open and read bids and refer to City Engineer for review. 3. Five Sullivan Brothers Convention Center Kitchen Equipment Upgrade 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 recommendation of Building Official/Maintenance Administrator to award bids in the amount of$8,741.55 to Wilson Restaurant Supply of Waterloo, Iowa and $25,327.22 to Edward Don & Co. of Riverside, Illinois. November 23, 2009 4-- e., Page 4 HEARINGS 4. Sale and conveyance for $2,210.00 property located at 201 and 205 Independence Avenue for the purpose of constructing two homes —Iowa Heartland Habitat for Humanity. 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. 5. Vacation of a portion of excess right-of-way generally located at the southeast corner of Greenhill Road and University Avenue 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. REPORTS 6. Motion-to approve communication from Deputy City Clerk transmitting Abstract of Votes for the November 3, 2009 Municipal Election. 7. Resolution-to approve communication from Chief Financial Officer transmitting City of Waterloo Annual Financial Report for Fiscal Year Ended June 30, 2009 to be filed with the Auditor of State. DOCUMENTS 8. General Obligation Bond Demolition Project, Contract No. 163-D-GO-07-20-09. Motion-to approve communication from Contracts and Grants Coordinator transmitting Change Order No. 1 for a net increase in the amount of$2,065.00 for a total contract amount of$51,867.00 for work to be performed by Kayser Plumbing & Heating of Waterloo, Iowa. 9. F.Y. 2010 Sidewalk Repair Block Grant Program-Zone 9, Contract No. 766. Motion-to approve communication from Associate Engineer transmitting Change Order No. 1 for a net decrease in the amount of$8,400.10 for work to be performed by B & B Builders and Supply of Waterloo, Iowa. 10. Resolution-to approve communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by B & B Builders and Supply of Waterloo, Iowa at a total cost of$24,375.05 for the F.Y. 2010 Sidewalk Repair Block Grant Program -Zone 9, Contract No. 766. November 23, 2009 Page 5 11. Resolution-to approve communication from Community Planning & Development Director transmitting agreement with Iowa Department of Economic Development for a Community Development Block Grant (CDBG) Disaster Recovery Infrastructure contract in the amount of$3,941,250.00 for the design and construction of storm water lift stations. 12. Resolution-to approve communication from Community Planning & Development Director transmitting agreement with Iowa Department of Economic Development for a Community Development Block Grant (CDBG) Disaster Recovery Infrastructure contract in the amount of$6,310,000.00 for the design and construction of storm water lift stations. 13. Resolution-to approve communication from Community Planning & Development Director transmitting agreement with Iowa Department of Economic Development for a Community Development Block Grant (CDBG) Disaster Recovery HUD Buyout contract in the amount of$261,180.00 for the buyout of residential sites in the 100-year floodplain that were not eligible for the FEMA buyout. 14. Resolution-to approve communication from Community Planning & Development Director transmitting application with the U.S. Census Bureau for funds in the amount of$2,499.00, with no required city match, to be used for participation in the Census Partnership Support Program (PSP). 15. Resolution-to approve communication from Leisure Services Sports Manager transmitting application with Waterloo Convention and Visitors Bureau for grant in the amount of$10,000.00, with no required city match, to be used for lighting of the West Exchange Diamond within the Cedar Valley Youth Sports Complex. 16. Resolution-to approve communication from Young Arena Manager transmitting application with Waterloo Convention and Visitors Bureau for grant in the amount of$10,000.00, with no required city match, to be used for the purchase and installation of a new event subfloor for Young Arena. 17. Resolution-to approve communication from City Engineer transmitting Professional Services Agreement with AECOM of Waterloo, Iowa at a cost not to exceed $15,000.00 for Dry Run Creek Watershed Sanitary Sewer Evaluation. 18. Resolution-to approve communication from Associate Engineer transmitting City- State Federal-Aid Project Agreement with Iowa Department of Transportation for Right-of-Way Acquisition in conjunction with U.S. Highway 63 Transportation Improvements. November 23, 2009 Page 6 19. Resolution-to approve communication from Associate Engineer transmitting agreement with Snyder &Associates of Ankeny, Iowa at a cost not to exceed $49,308.00, with 20 percent city match not to exceed $9,861.60, to provide professional services for the design of the F.Y. 2010 Ridgeway Avenue and La Porte Road Connection, Contract No. 775. 20. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting Professional Services Agreement with Gilmor & Doyle, Ltd. of Waterloo, Iowa at a cost not to exceed 10.5 percent of the contract price for Flood Mitigation Design Proposal for City Hall, Carnegie Annex, Public Library and Center For The Arts. 21. Resolution-to approve communication from Leisure Services Director transmitting three-year lease agreement with MobileMoney, Inc. to provide two ATM machines at Young Arena. RESOLUTIONS TO BE ADOPTED 22. Resolution-to approve communication from Community Planning & Development Director transmitting request for fourteen (14) day extension to the moratorium for new alcohol-related drinking and retail establishments. 23. Resolution-to approve communication from Mayor Tim Hurley transmitting request of University of Northern Iowa for council discretionary hotel/motel mini-grant funds in the amount of$3,000.00 to be used for transportation service for 2010 Overseas Recruiting Fair to be held on February 1-8, 2010 in Waterloo. 24. Resolution-to approve communication from City Planner transmitting request to authorize sale and conveyance of excess right-of-way generally located at the southeast corner of Greenhill Road and University Avenue to Lockard Development, Inc. for$61,007.00. 25. Resolution-to approve communication from Community Planning & Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Northeast Industrial Tax Increment District. 26. Resolution-to approve communication from Community Planning & Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Rath Tax Increment District. 27. Resolution-to approve communication from Community Planning & Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with San Marnan Tax Increment District. November 23, 2009 Page 7 28. Resolution-to approve communication from Community Planning & Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Logan Avenue Tax Increment District. 29. Resolution-to approve communication from Community Planning & Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with MidPort/Airport Tax Increment District. 30. Resolution-to approve communication from Community Planning & Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Cattle Congress Tax Increment District. 31. Resolution-to approve communication from Community Planning & Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Downtown Waterloo Urban Renewal and Redevelopment Tax Increment District. 32. Resolution-to approve communication from Community Planning & Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Martin Road Tax Increment District. ORDINANCES TO BE ADOPTED 33. An ordinance adopting Zoning Ordinance Amendment to change the provisions of the Ordinance regulating the placement of alcohol sales related businesses Motion-to consider and pass for the third time and adopt ordinance. 34. Vacation, sale and conveyance for$253.26, plus costs, a portion of April Street right-of-way north of the property at 2524 Gloria Drive for the purpose of constructing a privacy fence along the north side property line —Ifet and Jasminka Salihovic Motion-to consider and pass for the third time and adopt ordinance. Resolution-to authorize said sale and conveyance. NEW BUSINESS 35. Archaeological Services for Hazard Mitigation Grant Program (HMGP) Property Acquisition Project-Public Assistance (PA) Demolition. Motion-to instruct City Planner to prepare Request for Proposal, contract, etc. Motion-to receive and file Request for Proposal document, contract, etc. Resolution-to preliminarily approve Request for Proposal document, contract, etc. Resolution-to instruct Deputy City Clerk to publish notice of Request for Proposal, contract, etc. and taking of proposals. Set date of hearing as December 7, 2009. November 23, 2009 Page 8 36. Resolution-to approve communication from Community Planning & Development ADDED Director transmitting request to vacate a portion of right-of-way at the Northwest corner of E. San Marnan Drive and La Porte Road. Set date of hearing as December 14, 2009. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Carol Failor Deputy City Clerk MEETINGS Monday, November 23, 2009 4:50 p.m. -Boards & Commissions, Council Chambers 4:55 p.m. - Human Resources Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Waterloo Housing Authority minutes of September 17, 2009 on file in the office of the City Clerk. 2. Black Hawk County Criminal Justice Information System Board of Directors minutes of October 7, 2009 on file in the office of the City Clerk. 3. Consolidated Public Safety Communications Center Board minutes of October 7, 2009 on file in the office of the City Clerk. 4. Black Hawk County 911 Service Board minutes of October 7, 2009 on file in the office of the City Clerk. 5. Waterloo Cultural &Arts Commission Board minutes of October 21, 2009 on file in the office of the City Clerk. CONTRACT PAYMENT SCHEDULE 1. General Obligation Bond Demolition Project, Contract No. 136-AR-08-24-09-GO Pay estimate No. 1 to Advanced Environmental, Inc. in the total amount due of $3,950.00. November 23, 2009 Page 9 2. General Obligation Bond Demolition Project, Contract Nos. 166-D-GO-10-05-09 and 167-D-GO-10-05-09 Pay estimate No. 1 to Lehman Trucking & Excavating in the total amount due of $21,793.00. 3. General Obligation Bond Demolition Project, Contract No. 169-D-GO-09-28-09 Pay estimate No. 1 to Lehman Trucking & Excavating in the total amount due of $8,740.00. 4. General Obligation Bond Demolition Project, Contract No. 166-D-GO-10-05-09 Pay estimate No. 1 to Lehman Trucking & Excavating in the total amount due of $21,683.75. 5. Commercial St Extension, River Road Relocation & Storm Water Pump Station, Contract No. 720 Pay estimate No. 28 to Cedar Valley Corp in the total amount due of$7,180.58. 6. Cedar River Dam Rehabilitation & Riverwall Reconstruction, Contract No. 713. Pay estimate No. 56 to Peterson Contractors, Inc. in the total amount due of $29,269.12. 7. F.Y. 2009 Street Reconstruction Program, Contract No. 756. Pay estimate No. 15 to Aspro, Inc. in the total amount due of$212,969.58. 8. F.Y. 2010 Geraldine Road, Contract No. 757. Pay estimate No. 6 and 7 to V.J. Engineering in the total amount due of$3,569.75. 9. 09 Permanent Closure of Railroad Crossing Across Black Hawk Creek, Contract No. 747. Pay VJ Engineering in the total amount due of$591.00. 10. F.Y. 2009 Asphalt Overlay Program, Contract No. 754. Pay estimate No. 13 to Aspro, Inc. in the total amount due of$9,862.27. 11. Riverwalk Loop Trail from 6th to Cedar River Dam Including Overlooks, Contract No. 743. Pay estimate No. 21 to Vieth Construction Corp. in the total amount due of $30,605.44. 12. U.S. Highway 63 Initial Design Phase, NHSX-63-6(69)-3H-07. Pay estimate No. 42 to Earth Tech in the total amount due of$7,079.48. 13. F.Y. 2006 M.L.Kinq Jr. Drive Recreational Trail Head, Contract No. 709 Pay estimate No. 7 to B & B Builders in the total amount due of$2,605.67. November 23, 2009 Page 10 14. F.Y. 2007 Riverview Recreational Trail, Contract No. 726 Pay estimate No. 6 to Earth Tech AECOM in the total amount due of$7,038.21 BOARDS AND COMMISSIONS November 23, 2009 4:50 p.m. Council Chambers Roll Call: Members: Chairperson Carolyn Cole Quentin Hart Harold Getty Approval of Agenda, as proposed. 1. Approval of Mayor Hurley's recommendation of reappointment of Craig Caslavka to the Waterloo Water Works Board of Trustees. ADJOURNMENT Carol Failor Deputy City Clerk Council Work Session November 19, 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, NOVEMBER 16, 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: Steve Decker, Superintendent of Streets. November 16, 2009 Page 2 Agenda, as proposed or amended. Minutes of November 9, 2009, Regular Session, as proposed. Swearing-In of the following Firefighters: David Meiser and Chris Linder. 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. Communication from Mayor Hurley transmitting appointment of Steve Trost to the Design Review Board. 2. Communication from Mayor Hurley transmitting appointment of Dustin Whitehead to the Planning, Programming and Zoning Commission. 3. Michelle Weidner, Chief Financial Officer, to attend Government Finance Officers Association Webcast annual Governmental GAAP Update in Waterloo, Iowa on November 5, 2009, with costs not to exceed $180.00. 4. Chris Western, Planner II/Brownfield Coordinator to attend 2009 Brownfield Annual Conference in New Orleans, Louisiana on November 16-18, 2009, with costs not to exceed $1,805.00. c. Cigarette/Tobacco Permit License Application Small Mart, 1913 Bourland Avenue HEARINGS AND BIDS 2. Sale and conveyance of city-owned property generally located at the southeast corner of Greenhill Road and University Avenue, north of 1015 South Hackett Road Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Resolution-to confirm approval of Request for Proposal Documents. Resolution-to authorize to proceed. Motion-to receive and file and instruct City Clerk to open and read proposals and refer to Community Planning & Development Director for review. November 16, 2009 Page 3 HEARINGS 3. Sale and conveyance for$1.00 a portion of Elm Street right-of-way generally located between Lafayette and Mulberry Streets to accommodate for parking space for the proposed women's correctional facility —First Judicial District Department of Correctional Services 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 Building and Grounds Committee and oral and written comments. Resolution-to authorize said sale and conveyance. 4. Sale and conveyance for $100,000.00 Lot 1 of the Human Services Campus Addition generally located at the corner of Elm and Lafayette Streets for the proposed women's correctional facility —First Judicial District Department of Correctional Services 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 Building and Grounds Committee and oral and written comments. Resolution-to authorize said sale and conveyance. 5. Sale and conveyance for$1.00 Lots 2 and 3 of the Human Services Campus Addition generally located at the corner of Elm and Lafayette Streets for their proposed office building— Operation Threshold 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 Building and Grounds Committee and oral and written comments. Resolution-to authorize said sale and conveyance. UNFINISHED BUSINESS 6. General Obligation Bond Demolition Project, Contract No. 170-D-GO-11-09-09. Resolution-to approve communication from Contracts and Grants Coordinator transmitting recommendation of award of contract in the amount of$79,999.00 to D.W. Zinser Co., Inc. of Walford, Iowa. 7. Appraisal Services for Hazard Mitigation Grant Program (HMGP) Property Acquisition Project. Resolution-to approve communication from City Planner transmitting recommendation of award of primary contract in the maximum amount of $10,000.00 to McRae Appraisals, Inc. of Cedar Falls, Iowa. November 16, 2009 Page 4 8. Appraisal Services for Hazard Mitigation Grant Program (HMGP) Property Acquisition Project. Resolution-to approve communication from City Planner transmitting recommendation of award of secondary contract in the maximum amount of $5,000.00 to Rally Appraisal, L.L.C. of Cedar Falls, Iowa. 9. F.Y. 2010 Cedar Valley River Trail, Contract No. 734 Resolution-to approve communication from Association Engineer transmitting recommendation of award of contract in the amount of$468,113.89 to Vieth Construction Corporation of Cedar Falls, Iowa. DOCUMENTS 10. Resolution-to approve communication from Community Planning & Development Director transmitting Development Agreement with MBAK Properties LLC (Beecher and Kimball)for development of 12,500 sq. ft. professional office building, with a new minimum taxable value of$1,658,000.00 on a 1.25-acre site generally located at the southeast corner of Hurst Drive and San Marnan Drive, with tax rebates for 7 years at 100 percent and an 8th year at 36 percent. 11. Resolution-to approve communication from Assistant City Engineer transmitting Construction Plans for Sanitary Sewer Serving Tower Park Drive Extension - Tower Park No. 5 (Lot 1), as submitted by VJ Engineering, Inc. of Cedar Falls. 12. Resolution-to approve communication from Associate Engineer transmitting Professional Services Agreement with Snyder & Associates of Ankeny, Iowa at a cost not to exceed $29,390.00 to provide additional professional services for the Storm Water Utility fee. 13. F.Y. 2010 Cedar Valley River Trail, Contract No. 734. Resolution-to approve communication from Associate Engineer transmitting Contract, Bonds and Certificates of Insurance in the amount of$468,113.89 with Vieth Construction Corporation of Cedar Falls, Iowa. 14. Resolution-to approve communication from Associate Engineer transmitting Professional Services Agreement with AECOM of Waterloo, Iowa at a cost of $46,000.00 for construction related services for the F.Y. 2010 Cedar Valley River Trail, Contract No. 734. 15. Resolution-to approve communication from Community Planning & Development Director transmitting extension of agreement with Development Solutions Inc.for continued work on the Section 108 Loan and BEDI grant programs. November 16, 2009 Page 5 16. Resolution-to approve communication from Community Planning & Development Director transmitting Right of Entry Agreement and Indemnity Agreement with Iowa Department of Natural Resources to allow for clean up of an orphaned underground storage tank on East 9th Street. 17. 2009 Waterloo Boat House Project Resolution-to approve communication from Leisure Services Director transmitting Contract, Bonds and Certificates of Insurance in the amount of$842,320.00 with Peters Construction Corporation of Waterloo, Iowa. 18. Resolution-to approve communication from Leisure Services Director transmitting Golf Course Pro Shop Agreement with Nathaniel Lubs to provide golf pro services at Gates Park Golf Course. 19. Resolution-to approve communication from Leisure Services Director transmitting a new five-year Amended and Restated Lease Agreement with Twin Sports Group, Inc. for lease of Waterloo Riverfront Stadium at a cost of$1,250.00 per month. RESOLUTIONS TO BE ADOPTED 20. Resolution-to name private street generally located at the southeast corner of Newell Street and Mobile Street to serve the Unity Square Townhomes Development as Unity Square. ORDINANCES TO BE ADOPTED 21. An ordinance adopting Zoning Ordinance Amendment to change the provisions of the Ordinance regulating the placement of alcohol sales related businesses 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. Vacation, sale and conveyance for $253.26, plus costs, a portion of April Street right-of-way north of the property at 2524 Gloria Drive for the purpose of constructing a privacy fence along the north side property line —Ifet and Jasminka Salihovic 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. Resolution-to authorize said sale and conveyance. November 16, 2009 Page 6 NEW BUSINESS 23. F.Y. 2010 Office Furniture Update Project for Police Department Motion-to instruct Police Chief 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 plans, specifications, form of contract, etc. and taking of bids. Set date of hearing as December 7, 2009. 24. Resolution-to approve communication from City Planner transmitting regtest to vacate a portion of excess right-of-way generally located at the southeast corner of Greenhill Road and University Avenue. Set date of hearing as November 23, 2009. 25. Resolution-to approve communication from Superintendent of Traffic Operations transmitting request to install street light at the intersection of Hammond Avenue and Maxhelen Boulevard. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Carol Failor Deputy City Clerk MEETINGS Monday, November 16, 2009 4:10 p.m. - Boards & Commissions, Council Chambers 4:15 p.m. - Council Work Session, Council Chambers 4:30 p.m. - Council Work Session, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Civil Service Commission minutes of October 1, 2009 on file in the office of the City Clerk. 2. Waterloo Public Library Board of Trustees minutes of October 12, 2009 on file in the office of the City Clerk. 3. Waterloo Leisure Services Commission minutes of September 15, 2(.09 and October 13, 2009 on file in the office of the City Clerk. November 16, 2009 Page 7 4. Communication from Police Chief transmitting resignation of Tammera Babb, Police Officer, effective October 30, 2009, together with recommendation of payment of $1,811.05 for unused vacation pay. 5. Communication from Police Chief transmitting retirement of Ann Meyer, Police Lieutenant, effective October 28, 2009, together with recommendation of payment of$14,952.60 for unused vacation and sick pay. CONTRACT PAYMENT SCHEDULE 1. F.Y. 2009 Permanent Closure of Black Hawk Creek Railroad Crossings, Contract No. 747. Pay engineering services to VJ Engineering in the total amount of$24,796.00. 2. F.Y. 2009 Big Rock Road Bridges Replacement With Box Culverts, Contract No. 739. Pay estimate No. 9 to AECOM in the total amount due of$7,418.56. 3. Dry Run Creek Arch Review. Pay AECOM in the total amount due of$13,999.98. 4. Tower Park Recreational Trail. Pay estimate No. 6 to JDE Engineering in the total amount due of$25,959.75. Council Work Session November 16, 2009 4:15 —4:30 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. SAFER (Staffing for Adequate Fire and Emergency Response) Program grant application with the U.S. Department of Homeland Security for funding salaries and benefits to hire new firefighters and rehire laid-off firefighters, with no required local match, for three years—Fire Chief. Adjourn. Carol Failor Deputy City Clerk Council Work Session November 16, 2009 4:30—5:00 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. U.S. Highway 63 Transportation Improvements (Newell Street — Donald Street) City Cost Participation—Associate Engineer. Adjourn. Carol Failor Deputy City Clerk BOARDS AND COMMISSIONS November 16, 2009 4:10—4:15 p.m. Council Chambers Roll Call: Members: Chairperson Carolyn Cole Quentin Hart Harold Getty Approval of Agenda, as proposed. 1. Approval of Mayor Hurley's recommendation of appointment of Steve Trost to the Design Review Board. 2. Approval of Mayor Hurley's recommendation of appointment of Dustin Whitehead to the Planning, Programming &Zoning Commission. ADJOURNMENT Carol Failor Deputy City Clerk Council Work Session November 12, 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, NOVEMBER 9, 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: Larry Smith, Superintendent of Waste Management Services. November 9, 2009 Page 2 Agenda, as proposed or amended. Minutes of November 2, 2009, Regular Session, as proposed. Presentation of Flag Football Character Counts Coach of the Year to: Armond Floyd, Patrick Mouton, William Muhammad and Michael Sailor. Presentation of Flag Football Character Counts Player of the Year to: Justin Jasper and Alijah Muhammad. 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 Deputy City Clerk. b. Motion to approve the following: 1. James Walsh, City Attorney, to attend IMAA's 2009 Annual Seminar in Johnston, Iowa on November 20, 2009, with costs not to exceed $144.00. 2. Kent Arnsbarger, Visiting Musician/Performer, to perform at the Waterloo Center of the Arts on November 14-15, 2009, with costs not to exceed $835.00. 3. Communication from Mayor Hurley transmitting recommendation of the following to the Local Option Sales Tax Oversight Committee: appointment of Bill Seibert, Geoff Grimes and W. Ray Richardson. c. Beer License Permit Application Class C Hy-Vee Gas #2, 2221 Logan Avenue (Renewal) (Expires 01/02/11) (Includes Sunday Sales) d. Liquor License Permit Application Class C Mexikelly, 209 Jefferson Street (Renewal) (Expires 11/22/10) (Includes Sunday Sales) D'Vine Medical Spa LLC, 2515 Cyclone Drive (Renewal) (Expires 11/30/10) e. Dance License Permit Application DELETE Dance Room, 310 W. 4th Street November 9, 2009 Page 3 f Vehicle For Hire Business License Application Paddy Wagon Cab/City Cab, 999 Home Plaza Suite 205 HEARINGS AND BIDS 2. Appraisal Services for Hazard Mitigation Grant Program (HMGP) Property Acquisition 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 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. HEARINGS 3. An ordinance adopting Zoning Ordinance Amendment to change the provisions of the Ordinance regulating the placement of alcohol sales related businesses 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. 4. Sale and conveyance for$200.00 a parcel of City owned land generally located at 120 Argyle Street to use as a garden plot—Dave and Ellen Beck 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 Building and Grounds Committee and oral and written comments. Resolution-to authorize said sale and conveyance. 5. Vacation, sale and conveyance for$253.26, plus costs, a portion of April Street right-of-way north of the property at 2524 Gloria Drive for the purpose of constructing a privacy fence along the north side property line —Ifet and Jasminka Salihovic 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 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. Resolution-to authorize said sale and conveyance. November 9, 2009 ` Page 4 PETITIONS FROM PUBLIC 6. Resolution-to approve communication from Community Planning & Development Director transmitting request of Iowa Heartland Habitat for Humanity to sell and convey property located at 201 and 205 Independence Avenue for$2,210.00 to construct two homes. Set date of hearing as November 23, 2009. UNFINISHED BUSINESS 7. 2009 Waterloo Boat House Project. Resolution-to approve communication from Leisure Services Director transmitting recommendation of award of contract in the amount of$842,320.00 to Peters Construction Corporation of Waterloo, Iowa. DOCUMENTS 8. Resolution-to approve communication from Associate Engineer transmitting Amendment No. 1 to Professional Services Agreement with Snyder &Associates of Ankeny, Iowa at a cost not to exceed $5,010.00 to provide additional Storm Water Utility fee services. 9. Resolution-to approve communication from Community Planning & Development Director transmitting conditional purchase offers with: 1) John E. Williams, 118 Sans Souci Drive, $130,824.00; and 2)Kent F. Shankle, 15 Sans Souci Drive, $60,072.00 in conjunction with the development of the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project. 10. Resolution-to approve communication from Community Planning & Development Director transmitting Amendment No. 1 to an agreement with Iowa Department of Economic Development for Community Development Block Grant Business Disaster Recovery funding for disaster impacted business sites to give up to six months free rent for businesses renting space. 11. Resolution-to approve communication from Leisure Services Director transmitting revised agreement with AHTS Architects of Waterloo, Iowa at a cost not to exceed $39,000.00 for architectural services for reconstruction of the boat house building in Cedar River Park. 12. Resolution-to approve communication from Community Development Director transmitting request to submit the Analysis of Impediments to Fair Housing Choice document as part of the Five-Year Consolidated Plan for program years 2009-2014 to U.S. Department of Housing and Urban Development. 13. Commercial Street Parking Garage Repairs, Phase H. Motion-to approve communication from Building Official/Maintenance Administrator transmitting Change Order No. 1 for a net increase of$67,547.50 for work performed by Restoration Systems, Inc. of Chaska, Minnesota. November 9, 2009 Page 5 14. Final Plat of Human Services Campus Addition. Resolution-to approve Final Plat and necessary documents. 15. Final Plat of Waterloo Rx Addition. Resolution-to approve Final Plat and necessary documents and rescind Resolution No. 2009-531 in its entirety. 16. F.Y. 2010 Geraldine Road, Contract No. 767. AMENDED Motion-to approve communication from Associate Engineer transmitting Change Order No. 1 for a net increase of$26,692.80 for work performed by Cunningham Construction Inc. of Cedar Falls, Iowa. RESOLUTIONS TO BE ADOPTED 17. Resolution-to accept and approve acquisition of property generally located at 510 Elm Street, as granted by court order pursuant to Section 657A of the Iowa Code. 18. Resolution-to accept and approve acquisition of property generally located at 620 W. Park Avenue, as granted by court order pursuant to Section 657A of the Iowa Code. 19. Resolution-to approve communication from Associate Engineer transmitting request AMENDED to authorize Peterson Contractors, Inc. of Reinbeck, Iowa to make emergency/valve engineering repairs at a cost not to exceed $35,649.17 for Sanitary Sewer Relocation at Canadian National Railroad Bridge Over No Name Creek. NEW BUSINESS 20. Five Sullivan Brothers Convention Center Kitchen Equipment Upgrade Motion-to instruct Building Official/Maintenance Administrator 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 November 23, 2009. ORAL PRESENTATIONS Motion-to receive and file oral comments. Motion-to adjourn to Executive Session. November 9, 2009 Page 6 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, November 2, 2009 4:50 p.m. -Boards and Commissions, Council Chambers 4:55 p.m. - Public Works Committee, Council Chambers 5:00 p.m. -Finance Committee, Council Chambers PUBLIC INFORMATION 1. Community Development Board minutes of September 15, 2009 on file in the office of the Deputy City Clerk. 2. Communication from Fire Chief transmitting resignation of Kristopher C. Clark, Firefighter, effective October 21, 2009, together with recommendation of payment of$769.50 for unused vacation pay. CONTRACT PAYMENT SCHEDULE 1. Commercial St Extension, River Road Relocation & Storm Water Pump Station, Contract No. 720 Pay estimate No. 27 to Cedar Valley Corp in the total amount due of$165,013.51 2. F.Y. 2007 River Dam Rehabilitation & Riverwall Construction, Contract No. 713 Pay estimate No. 54 to Peterson Contractors, Inc. in the total amount due of $88,472.03 3. F.Y. 2009 Street Reconstruction Program, Contract No. 756 Pay estimate No. 14 to Aspro, Inc. in the total amount due of$311,775.48 4. F.Y. 2009 Asphalt Overlay Program, Contract No. 754 Pay estimate No. 13 to Aspro, Inc. in the total amount due of$23,911.50 November 9, 2009 Page 7 5. F.Y. 2007 Riverloop Exposition Plaza, Phase 1, Contract No. 721 Pay estimate No. 42 to Cunningham Construction in the total amount due of $3,460.49 6. F.Y. 2008 Street Reconstruction, Contract No. 736 Pay estimate No. 29 to Aspro, Inc. in the total amount due of$9,427.80 7. F.Y. 2009 West Shaulis Road Extension, Contract No. 759 Pay estimate No. 5 to Peterson Contractors in the total amount due of$38,851.90 8. F.Y. 2008 Cedar Valley River Renaissance Trail Enhancement, Contract No. 743 Pay estimate No. 20 to Vieth Construction Corp. in the total amount due of $64,753.62 9. F.Y. 2009 Big Rock Road Bridges Replacement with Box Culverts,Contract No 739 Pay estimate No. 6 to HelmKamp Construction of IA in the total amount due of $3,705.47 10. F.Y. 2010 Geraldine Road, Contract No. 757 Pay estimate No. 5 to V.J. Engineering in the total amount due of$775.00 11. F.Y. 2010 Sidewalk Repair Assessment, Contract No. 765 Pay estimate No. 4 to B & B Builders in the total amount due of$8,371.61 12. General Obligation Bond Demolition Project, Contract No. 163-D-GO-07-20-09 Pay estimate No. 2 to Kayser Plumbing & Heating in the total amount due of $19,078.00. BOARDS AND COMMISSIONS November 9, 2009 4:50—4:55 p.m. Council Chambers Roll Call: Members: Chairperson Carolyn Cole Quentin Hart Harold Getty Approval of Agenda, as proposed. 1. Approval of Mayor Hurley's recommendation of appointment of Bill Seibert, Geoff Grimes and W. Ray Richardson to the Local Option Sales Tax Oversight Committee. ADJOURNMENT Carol Failor Deputy City Clerk Council Work Session November 5, 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, NOVEMBER 2, 2009 CITY OF WATERLOO GOALS I. 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. DeveIop 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: Jim Quint, MIS Manager. November 2, 2009 ` Page 2 Agenda, as proposed or amended. Minutes of October 26, 2009, Regular Session, as proposed. Presentation of Flag Football Coaches of the Year to Armond Floyd, Patrick Mouton, William Muhammad and Michael Sailor. Presentation of Flag Football Players of the Year to Justin Jasper and Alijah Muhammad. 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$716.41 for work performed by the Water Works at 1006 Fairview Avenue, together with recommendation of approval of Board of Water Works Trustees. b. Motion to approve the following: 1. Dave Zellhoefer, Assistant City Attorney to attend IMAA's 2009 Annual Seminar in Johnston, Iowa on November 20, 2009, with costs not to exceed $144.00. c. Beer License Permit Application Class B Taqueria LaGuadalupana, 1010 E. Mitchell Avenue Unit #6 (Renewal) (Expires 11/16/10) (Includes Sunday Sales) d. Beer License Permit Application Class C New Star Liquor, 1625 W. 4h Street (Renewal) (Expires 12/10/10) (Includes Sunday Sales) Casey's General Store #2427, 3035 Logan Avenue (Renewal) (Expires 12/31/10) (Includes Sunday Sales) Fareway Stores, Inc. #951, 40 W. San Marnan Drive (New) (Expires 11/16/10) November 2, 2009 Page 3 e. Liquor License Permit Application Class C Carlos O'Kelly's Mexican Café, 1331 Flammang Drive (Renewal) (Expires 12/30/10) (Includes Sunday Sales) Lone Star Steakhouse, 4045 Hammond Avenue (New Owner) (Expires 3/12/10) Jameson's Public House, 310 E. 4th Street (New Owner) (Expires 11/30/10) (Includes Sunday Sales) OL'Skool, 735 Logan Avenue (New Owner) (Expires 11/9/10) (Includes Sunday Sales) f Liquor License Permit Application Class E New Star Liquor, 1625 W. 4th Street (Renewal) (Expires 12/10/10) (Includes Sunday Sales) Fareway Stores, Inc. #951, 40 W. San Maman Drive (New) (Expires 11/16/10) g. Wine License Permit Application Class B New Star Liquor, 1625 W. 4th Street (Renewal) (Expires 12/10/10) (Includes Sunday Sales) Fareway Stores, Inc. #951, 40 W. San Marnan Drive (New) (Expires 11/16/10) h. Outdoor Service Area Application Carlos O'Kelly's Mexican Café, 1331 Flammang Drive Jameson's Public House, 310 E. 4th Street i. Pool/Billiard License Application Buzz's Bar, 1016 Maynard Avenue j. Dance License Permit Application Wildsides, 312 W. 4th Street k. Pawnbroker's License Application Mister Money Financial Services, Inc., 920 LaPorte Road Farris Stereo & Loan, 211 W. 18th Street Levi Brothers Jewelry & Loan, 306 E. 4th Street Money and More of Waterloo, 1516 LaPorte Road November 2, 2009 Page 4 HEARINGS AND BIDS 2. General Obligation Bond Demolition Project, Contract No. 170D-GO-11-02-09. 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 Deputy City Clerk to open and read bids and refer to Contracts and Grants Coordinator for review. HEARINGS 3. An ordinance adopting Zoning Ordinance Amendment to change the provisions of the Ordinance regulating the placement of alcohol sales related businesses. 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. UNFINISHED BUSINESS 4. Abstracting Services for Hazard Mitigation Grant Program (HMGP) Property Acquisition Project. Resolution-to approve communication from City Planner transmitting recommendation of award of contract in the maximum amount of$50,000.00to Title Services Corporation of Waterloo, Iowa. 5. Purchase of Two Servers, Storage Access Network and Licensing Software for Police Department. Resolution-to approve communication from Police Chief transmitting recommendation of award of contract in the amount of$109,903.37.00 to Aces of Cedar Falls, Iowa. PETITIONS FROM PUBLIC 6. Resolution-to approve communication from City Planner transmitting request of Common Bond Communities and East Waterloo Family Housing LLLP for a minor site plan amendment to the "R 3,R-P" Planned Residence District for the development of the Unity Square Townhomes to be located at the southeast corner of Newell Street and Mobile Street. November 2, 2009 Page 5 7. Resolution-to approve communication from City Planner transmitting reque. of First Judicial District Department of Correctional Services to sell and convey for $1.00 a portion of Elm Street right-of-way generally located between Lafayette and Mulberry Streets to accommodate for parking space for the proposed women's correctional facility. Set date of hearing as November 16, 2009. 8. Resolution-to approve communication from City Planner transmitting request of Operation Threshold to sell and convey for$1.00 Lots 2 and 3 of the Human Services Campus Addition generally located at the corner of Elm and Lafayette Streets for their proposed office building. Set date of hearing as November 16, 2009. 9. Resolution-to approve communication from City Planner transmitting request of First Judicial District Department of CorrectionalServices to sell and convey for $100,000.00 Lot 1 of the Human Services Campus Addition generally located at the corner of Elm and Lafayette Streets for the proposed women's correctional facility. Set date of hearing as November 16, 2009. DOCUMENTS 10. Resolution-to approve communication from Community Development Coordinator transmitting application for FY10 Economic Development Initiative Special Purpose Grant funds in the amount of$380,000.00 to be used for Chamberlain site demolition. 11. Resolution-to approve communication from Superintendent of Waste Management REVISED transmitting Certificate of Substantial Completion and recommendation of Acceptance of Work performed by Prairie Construction Co., Inc. of Waterloo, Iowa for a total amount of$353,951.60 in conjunction with the Storage Building for Water Pollution Control Facility. 12. 2009 Riverfront Stadium Grandstand ADA Ramp Project. Motion-to approve communication from Leisure Services Director transmitting Change Order No. 1 for a net increase of$3,753.00 for work performed by Peters Construction Corp. of Waterloo, Iowa. 13. Preliminary Plat of Human Services Campus Addition. Resolution-to adopt preliminary plat and necessary documents. 14. Resolution-to approve communication from Leisure Services Director transmitting completion of project and final payment of$2,500.00 for work performed by Miller Fence Company of Waterloo, Iowa, with a project total amount of$24,999.99 for 2009 Tibbitts Baseball Complex Fencing Project. November 2, 2009 �,. Page 6 15. Resolution-to approve communication from Community Planning & Development Director transmitting application with Army Corps of Engineers for grant in the amount of$1.5 million, with city match of 15 percent,for the Riverfront Stadium Levee Construction project to provide additional flood protection. 16. Resolution-to approve communication from Community Planning & Development Director transmitting application with Army Corps of Engineers for grant in the amount of$525,000.00, with city match of 15 percent,fcr the Dry Run Creek Gatewell Replacement project to provide additional flood protection. 17. Resolution-to approve communication from Community Planning & Development Director transmitting total acquisition contracts with: 1) Michael R. Price, Sr., 148 Sans Souci Drive, $243,708.00; 2) Dale and Helen Wilcox, 106 Sans Souci Drive, $159,684.00; 3) Richard and Lynne Johnson, 128 Sans Souci Drive, $157,608.00; 4) Edward and Patricia Stanhope, 176 Sans Souci Drive, $229,908.00; 5) Robert and Sylvia Walker, 168 Sans Souci Drive, $162,384.00 in conjunction with the development of the Hazard Mitigation Grant Program Property Acquisition Project. 18. Resolution-to approve communication from Community Planning & Development Director transmitting request to accept and approve Warranty Deed from Christopher Harris and Shuhong Harris for property generally located at 1121 South Street. 19. Resolution-to approve communication from Superintendent of Waste Management Services transmitting Supplemental Agreement No. 1 withAECOM Technical Services, Inc. at a cost of$116,000.00 for the review of various services in conjunction with the Waterloo Pollution Control System. RESOLUTIONS TO BE ADOPTED 20. Resolution-to accept and approve acquisition of property generally locatal at 520 Locust Street, as granted by court order pursuant to Section 657A of the Iowa Code. 21. Resolution-to approve changes to City Council Discretionary Hotel/Motel Tax Grant form and grant process. ORDINANCES TO BE ADOPTED 22. An ordinance amending the 2003 Traffic Code by repealing Subsection (62) River Road of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof new Subsection (62) River Road of Section 541, Increasing Speed Limits in Certain Areas(reduce speed limit from 45 mph to 30 mph on River Road from W. Commercial Street to 1,200 feet west of the intersection). 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. November 2, 2009 Page 7 23. Vacation, sale and conveyance for$1.00 plus costs, a portion of River Road abutting the current property on Mullan Avenue to allow for continued operation and upgrade to the concrete plant facility Manatt's, Inc. Motion-to consider and pass for the third time and adopt ordinance. Resolution-to authorize said sale and conveyance. NEW BUSINESS 24. F.Y. 2010 Fletcher Avenue Flood Gate Repairs, Contract No. 753. Motion-to instruct City Engineer to prepare plans, specfications,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 plan4 specifications, form of contract, etc. and taking of bids. Set date of hearing as November 23, 2009. 25. Resolution-to approve communication from Community Planning & Development Director transmitting request for authorization to seek Requests for Proposals for sale of property located at the southeast corner of Greenhill Road and University Avenue, located north of 1015 South Hackett Road. Set date of hearing and bid opening as November 16, 2009. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Carol Failor Deputy City Clerk MEETINGS Monday, November 2, 2009 4:00 p.m. - Council Work Session, Council Chambers 4:10 p.m. - Council Work Session, Council Chambers 4:25 p.m. - Council Work Session, Council Chambers 4:40 p.m. - Public Safety Committee, Council Chambers 4:45 p.m. -Public Works Committee, Council Chambers 4:50 p.m. - Human Resources Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers November 2, 2009 Page 8 PUBLIC INFORMATION 1. Northeast Iowa Response Group minutes of September 3, 2009 on file in the office of the Deputy City Clerk. 2. Waterloo Regional Airport Board minutes of July 15, 2009 on file in the office of the Deputy City Clerk. 3. Waterloo Regional Airport Board minutes of September 3Q 2009 on file in the office of the Deputy City Clerk. 4. Memorial Hall Commission minutes of September 23, 2009 on file in the office of the Deputy City Clerk. 5. Waterloo Water Works Board of Trustees minutes of October 20, 2009 on file in the office of the Deputy City Clerk. CONTRACT PAYMENT SCHEDULE 1. Asbestos Inspection & Removal at the former Rath Administration Building Pay estimate No. 1 to Haasco Ltd. in the total amount due of$1,596.00. 2. U.S. Highway 63 Initial Design Phase, NHSX63-6(69) 3H-07. Pay engineering services to Earth Tech in the total amount due of$16,377.65. 3. F.Y. 09 Big Rock Road Bridges Replacement With Box Culverts, Contract No. 739. Pay estimate No. 5 to HelmKamp Construction of IA in the total amount due of $21,686.89. 4. University Avenue Corridor Study Pay contracted services to Iowa Northland Regional Council of Governments in the total amount due of$199.39. 5. F.Y. 09 HMA Resurfacing Federal Highway Stimulus Program, Contract No. 758 Pay estimate No. 6 to Aspro, Inc. in the total amount due of$19,010.85. 6. Riverwalk Loop Trail from 611 St to Cedar River Dam, Including Overlooks, Contract No. 743 Pay estimate No. 5 to Earth TechAECOM in the total amount due of$16,610.29. 7. Riverloop Exposition Plaza Signage, Contract No. 755 Pay estimate No. 3 to Nagle Signs in the total amount due of$5,624.90. 8. F.Y. 09 Permanent Closure of RR Crossing across Black Hawk Creek, Contract No. 747 Pay engineering services to VJ Engineering in the total amount of$4,070.00. Council Work Session November 2, 2009 4:25 —4:40 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Analysis of Impediments to Fair Housing—Community Development Board Adjourn. Carol Failor Deputy City Clerk Council Work Session November 2, 2009 4:00—4:10 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Review of changes to City Council Discretionary Hotel/Motel Tax Grant form and process. Adjourn. Carol Failor Deputy City Clerk Council Work Session November 2, 2009 4:10—4:25 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Downtown Snow Removal Adjourn. Carol Failor Deputy City Clerk