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HomeMy WebLinkAbout05.May Council Work Session May 28, 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. Nancy Eckert City Clerk THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. TUESDAY, MAY 26, 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. CoIlaborate 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. You may address any item on the agenda by stepping to the podium, and after recognition by the chair, state your name, address and group affiliation(if appropriate)and speak clearly into the microphone. 2. You may speak one(1)time per item for a maximum of three(3)minutes. 3. Although not required by city code of ordinances, oral presentations may be allowed at the Mayor's discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 4. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 5. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 6. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Councilperson Reggie Schmitt. Agenda, as proposed or amended. May 26, 2009 Page 2 Minutes of May 18, 2009, Regular Session, as proposed. Swearing-in of the following Police Officer: Kenneth E. Schaaf Presentation by Robert Kipp 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 City Clerk's office. b. Motion to approve the following: 1. Kent Shankle, Curator, to pick up Dreaming Cows exhibition in Little Rock, Arkansas on June 16-18, 2009, with costs not to exceed $755.00, including use of city vehicle. 2. Cammie Scully, Waterloo Center For The Arts Director; Kent Shankle, Curator, to attend opening of the Mystical Imagination Exhibit in Washington, DC on June 10- 14, 2009, with costs not to exceed $1,995.00. 3. Steve Gerberich, Artist, to travel to Waterloo, Iowa on May 30 -June 17, 2009 to disassemble, pack and ship Springs, Sprockets & Pulleys Exhibition, with costs not to exceed $1,905.00. 4. Thomas Schuster and Keith Rogers, Police Officers to attend GIS Training Class in Dubuque, Iowa on May 11-13, 2009, with costs not to exceed $302.00, including use of city vehicle. 5. Carole Fishback, Independent Contractor, to travel to Washington, DC on May 17- 19, 2009, to photograph exhibition, with costs not to exceed $505.00. c. Beer License Permit Application Class B My Waterloo Days, 519 Mulberry Street (Lincoln Park) (New) (5/26/09- 5/30/09) --r May 26, 2009 Page 3 d. Beer License Permit Application Class C Target Store T-1792, 1501 E. San Marnan (Renewal) (Expires 6/27/10) (Includes Sunday Sales) A & S Petroleum, Inc., 127 Jefferson Street (Renewal) (Expires 6/29/10) (Includes Sunday Sales) Kwik Star#722, 1214 Franklin Street (Renewal) (Expires 7/21/10) (Includes Sunday Sales) Kwik Star#723, 707 Broadway Street (Renewal) (Expires 7/21/10) (Includes Sunday Sales) Kwik Star#724, 1105 Cedar Bend Drive (Renewal) (Expires 7/21/10) (Includes Sunday Sales) Kwik Star#732, 324 Fletcher Avenue (Renewal) (Expires 7/21/10) (Includes Sunday Sales) Broadway Liquor, 821 Broadway Street (Renewal) (Expires 6/30/10) (Includes Sunday Sales) e. Liquor License Permit Application Class A El Mecca Shrine Club, 325 E. Park Avenue (Renewal) (Expires 6/20/10) f. Liquor License Permit Application Class C Fanatics Sports Bar & Grille, Inc., 814 LaPorte Road (Renewal) (Expires 6/16/10) (Includes Sunday Sales) Steamboat Gardens, 1740 Falls Avenue (Renewal) (Expires 6/13/10) (Includes Sunday Sales) g. Liquor License Permit Application Class E Target Store T-1792, 1501 E. San Marnan (Renewal) (Expires 6/27/10) (Includes Sunday Sales) Broadway Liquor, 821 Broadway Street (Renewal) (Expires 6/30/10) (Includes Sunday Sales) h. Wine License Permit Application Class B Target Store T-1792, 1501 E. San Marnan (Renewal) (Expires 6/27/10) (Includes Sunday Sales) A & S Petroleum, Inc., 127 Jefferson Street (Renewal) (Expires 6/29/10) (Includes Sunday Sales) Broadway Liquor, 821 Broadway Street (Renewal) (Expires 6/30/10) (Includes Sunday Sales) May 26, 2009 Page 4 i. Outdoor Service Area Application My Waterloo Days, 519 Mulberry Street (Lincoln Park) (New) (5/26/09- 5/30/09) Fanatics Sports Bar & Grille, Inc., 814 LaPorte Road (Renewal) (Expires 6/16/10) (Includes Sunday Sales) VFW Post #1623, 1406 Commercial Street (New) (Expires 1/14/10) j. Bonds. HEARINGS & BIDS 2. Janitorial Contract for City Hall, Carnegie Annex, Police Training Center &_ Memorial Hall. 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 Proposals,form of contract, etc. Resolution-to authorize to proceed. Motion-to receive, file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review. 3. Carpet Replacement for Human Resources Office and Carpet and Tile Replacement for Second Floor of City Hall. 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 bid documents, specifications, form of contract, etc. Resolution-to authorize to proceed. Motion-to receive, file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review. HEARINGS 4. FYE2009 Budget Amendment. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to approve said budget amendment. ASSESSMENT HEARING 5. F.Y. 2010 Sidewalk Inspection and Repair Program -Zone 9. 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 proposed repairs to sidewalks. May 26, 2009 Page 5 UNFINISHED BUSINESS 6. Purchase of Seven Current Model Year Police Cars. Resolution-to approve communication from Superintendent of Central Garage transmitting recommendation of award of contract to Stivers Ford of Waukee, Iowa in the amount of$157,717.00. DOCUMENTS 7. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting Supplemental Agreement No. 1 with AECOM Technical Services, Inc. at a cost of$93,500.00 for construction related services in conjunction with the Commercial Street Parking Ramp Repair. 8. Resolution-to approve communication from Assistant City Engineer transmitting Easement and Right-of-Way Agreement for cul-de-sac located in the 200 block of Spieker Road for street purposes. 9. Resolution-to approve communication from Association Engineer transmitting Amendment No. 2 to agreement with Claassen Engineering at a cost of$18,000.00 for additional surveying and design engineering services in conjunction with F.Y. 2009 E. 6th Street Storm Pump Station Improvements, Contract No. 716. 10. Resolution-to approve communication from Association Engineer transmitting Amendment No. 1 to agreement with Claassen Engineering at a cost of$42,000.00 for additional surveying and design engineering services in conjunction with F.Y. 2009 Northwest Interceptor-Black Hawk Creek to Highway 218, Contract No. 748. 11. Resolution-to approve communication from Associate Engineer transmitting Notice of Intent for NPDES Coverage Under General Permit with the Iowa Department of Natural Resources in conjunction with F.Y. 2010 New Road Off of Airline Highway, Contract No. 767. 12. Resolution-to approve communication from Community Planning & Development Director transmitting Professional Services Agreement with Main Street Waterloo at a cost of$30,000.00 for FY 2009 and $40,000.00 for FY 2010 to provide technical and professional services in conjunction with redevelopment of downtown Waterloo. 13. Resolution-to approve communication from Airport Director transmitting agreement with Federal Aviation Administration for FAA grant in the amount of$2,094,000, for the Runway 18-36 Reconstruction Project, FAA AIP Project No. 3-19-0094-34 at the Waterloo Regional Airport, with 5 percent of the project being funded through Passenger Facility Charge (PFC) Program. May 26, 2009 `"" Page 6 14. Resolution-to approve communication from Airport Director transmitting agreement with Federal Aviation Administration for FAA grant in the amount of$3,590,000, for the Runway 18-36 Reconstruction Project, FAA AIP Project No. 3-19-0094-35 at the Waterloo Regional Airport, with no required city match. 15. Runway 18-36 Reconstruction, FAA AIP Project Nos. 3-19-0094-34 & 35. Resolution-to approve communication from Airport Director transmitting Contracts, Bonds and Certificates of Insurance with K. Cunningham Construction of Cedar Falls, Iowa. 16. Resolution-to approve communication from Police Chief transmitting Memorandum of Understanding with City of Cedar Falls and Black Hawk County for allocation of FY2009 Justice Assistance Grant (JAG) in the amount of$441,589.00 for funding of Tri-County Drug Task Force. 17. Resolution-to approve communication from Community Planning & Development Director transmitting development agreement with Secor Investments, LLC for rehabilitation and construction of the existing 58,000 sq.ft. facility at 3215 Lafayette Street and approximately 20,000 sq.ft. in new buildings on the site, with new taxable value of$750,000.00. RESOLUTIONS TO BE ADOPTED 18. Resolution-to direct advertisement for sale of$7,435,000.00 General Obligation Bonds, Series 2009A , $6,190,000.00 General Obligation Refunding Bonds, Series 2009B and $1,565,000.00 General Obligation Bonds, Taxable Series 2009C, as June 2, 2009 and approve electronic bidding procedures. NEW BUSINESS 19. Resolution-to approve communication from Superintendent of Streets transmitting recommendation of acceptance of bid from North American Salt Company at $69.24 per ton for a total cost of$415,440.00 for F.Y. 2010 Snow and Ice Control Program. 20. Resolution-to approve communication from Community Development Director transmitting 2nd Amendment to the Fiscal Year 2009 Consolidated Plan One-Year Action Plan. Set date of hearing as June 1, 2009. 21. Resolution-to approve communication from Community Planning & Development Director transmitting Development Agreement with Dr. Sundaram of Avita Properties to sell and convey property generally located at 301 Ralston Road for $28,930.00. Set date of hearing as June 8, 2009. May 26, 2009 Page 7 ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Tuesday, May 26, 2009 4:10 p.m. - Public Safety Committee, Council Chambers 4:15 p.m. - Finance Committee, Council Chambers 4:30 p.m. - Council Work Session, Council Chambers 5:00 p.m. - Ordinance Committee, Council Chambers PUBLIC INFORMATION 1. Civil Service Commission minutes of April 30, 2009 on file in the City Clerk's office. 2. Waterloo Housing Authority minutes of April 30, 2009 on file in the City Clerk's office. 3. Waterloo Cultural and Arts Commission minutes of April 15, 2009 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. F.Y. 08 Public Market Building, Contract No. 738. Pay estimate No. 9 to Prairie Construction Co. Inc. in the total amount due of $36,531.98. 2. F.Y. 2009 Sidewalk Repair Program -Zone 9 and Trail Repairs, Contract No. 752. Pay estimate No. 1 to B & B Builders in the total amount due of$10,262.83. 3. FY 09 Permanent Closure of Black Hawk Creek Railroad Crossings, Contract No. 747. Pay estimate No. 1 to VJEngineering in the total amount due of$12,242.60. 4. F.Y. 2009 Asphalt Overlay Program, Contract No. 754. Pay estimate No. 2 to Aspo, Inc. in the total amount due of$9,643.74. 5. U.S. Highway 63 Initial Design Phase, NHSX-63-6(69) 3H-07. Pay estimate No. 36 to Earth Tech in the total amount due of$60,451.48. May 26, 2009 `-- �'' Page 8 6. FY 08 4th Street Reconstruction & Streetscape Improvements, Contract No. 742. Pay estimate No. 10 to Peterson Contractors in the total amount due of$11,821.80. 7. F.Y. 2008 Street Reconstruction Program, Contract No. 736. Pay estimate No. 19 to Aspro, Inc. in the total amount due of$76,724.38. 8. Commercial Street Extension & River Road Relocation & Storm Water Pump Station, Contract No. 720. Pay estimate No. 15 to Cedar Valley Corp. in the total amount due of$202,459.96. 9. F.Y. 2009 Street Reconstruction Program, Contract No. 756. Pay estimate No. 1 to Aspro, Inc. in the total amount due of$206,023.95. ORDINANCE COMMITTEE May 26, 2009 5:00— 5:30 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed. 1. Review of ordinance amending the Waterloo Code of Ordinances by adding a new section pertaining to height of all weeds, vines, brush, grass and noxious weeds. Adjourn. Nancy Eckert City Clerk Council Work Session May 26, 2009 4:30—5:00 p.m. Council Chambers Approval of Agenda, as proposed or amended. NEW BUSINESS 1. Discussion of Professional Services Agreement with Main Street Waterloo at a cost of$30,000.00 for FY 2009 and $40,000.00 for FY 2010 to provide technical and professional services in conjunction with redevelopment of downtown Waterloo. Adjourn. Nancy Eckert City Clerk Council Work Session May 21, 2009 8:00 a.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Discussion of weekly council agenda. 2. Motion—to adjourn. Nancy Eckert City Clerk THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, MAY 18, 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. You may address any item on the agenda by stepping to the podium, and after recognition by the chair, state your name, address and group affiliation(if appropriate)and speak clearly into the microphone. 2. You may speak one(1)time per item for a maximum of three(3)minutes. 3. Although not required by city code of ordinances, oral presentations may be allowed at the Mayor's discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one(1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 4. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 5. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 6. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Eric Thorson, City Engineer. Agenda, as proposed or amended. May 18, 2009 Page 2 Minutes of May 11, 2009, Regular Session, as proposed. Proclamation declaring May 17-23, 2009 as National Public Works Week. Proclamation declaring May 19, 2009 as Youth Baseball and Softball Day. Proclamation declaring May 23, 2009 as KOKZ Cool 105.7 Fourth Street Cruse. Proclamation declaring May 17-23, 2009 as Emergency Medical Services Week. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolutions 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 City Clerk transmitting request of Waterloo Public Library for a variance to the Noise Ordinance on June 17, 2009 from 7:00 p.m. to 8:00 p.m. in conjunction with Rock'n Read Program to be held in the Library parking lot, including a band and PA system, together with recommendation of approval of Police Chief. 3. Communication from City Engineer transmitting request of Brenda Jarchow for a waiver for a concrete driveway to be located at 825 Bayard, together with recommendation of approval. 4. Communication from City Engineer transmitting request of Craig Cose for a waiver for a concrete driveway to be located at 890 Belle Street, together with recommendation of approval. 5. Communication from Police Chief transmitting request of Cool 105.7 Radio to hold the 4th Street Cruise on May 23, 2009 from 12:00 Noon to 4:00 p.m. with cars from the East side will travel from Mulberry Street across the river on Fourth Street to Bluff Street and will return on Park Avenue back to Mulberry Street; cars from the West side will travel from Bluff Street across the river on Fourth Street to Mulberry Street and will return to Bluff Street on Fifth Street, with alternate route if 4th Street is not finished. May 18, 2009 Page 3 ADD - 5a. Communication from Police Chief transmitting request of Executive Director of My Waterloo Days to hold My Waterloo Days event on May 28-31, 2009, with activities to be held at the Expo Plaza and Lincoln Park, including People In The Park on May 28-29, Fireworks on May 29, and Parade and 5K Run on May 30, including street closures and barricade needs. b. Motion to approve the following: 1. Nancy Gulick, Community Development Coordinator, to attend Homelessness Prevention and Rapid Re-Housing Program Training in Chicago, Illinois on June 3- 5, 2009, with costs not to exceed $960.00, including use of city vehicle. 2. Gary Ciddio, Fire Lieutenant; and Shane Schellhorn, Fire Engineer; to attend Juvenile Firesetters Intervention Specialist I Class in Ames, Iowa on May 15-16, 2009, with costs not to exceed $220.64, including use of city vehicle. 3. Gary Ciddio, Fire Lieutenant; and Shane Schellhorn, Fire Engineer; to attend Juvenile Firesetters Intervention Specialist II Class in Ames, Iowa on June 5-6, 2009, with costs not to exceed $220.64, including use of city vehicle. 4. Mike McNamee, Police Lieutenant, to attend Property Evidence Training Seminar in Ames, Iowa on May 14-15, 2009, with costs not to exceed$528.00, including use of city vehicle. 5. Dave Bovy and Brad Walter, Police Officers, to attend Midwest Association of Technical Accident Investigators Conference in Wisconsin Dells, Wisconsin on June 8-11, 2009, with costs not to exceed $1,132.67, including use of city vehicle. 6. Communication from Mayor Tim Hurley transmitting recommendation of appointment of Cyd McHone and Bari Richter to the Waterloo Convention and Visitors Bureau, with term expiration date of June 30, 2012. c. Beer/Liquor License Permit Application Class C Chaser's Pub, 3005 University Avenue (Renewal) (Expires 7/7/10) (Includes Sunday Sales) Diamond Daves Crossroads, 124 Crossroads Blvd. (Renewal) (Expires 5/14/10) (Includes Sunday Sales) Monica's, 324 East 4th Street (Renewal) (Expires 5/20/10) (Includes Sunday Sales) Wildside, 312 West 4th Street (New) (Expires 4/30/10) (Includes Sunday Sales) d. Fireworks Display Application Waterloo Bucks Baseball, 850 Park Road,for May 30, June 6, June 20, July 3 and August 6, 2009 My Waterloo Days for May 29, 2009 from the bank of the Center For The Arts May 18, 2009 Page 4 e. Outdoor Service Area Application Chasers Pub, 3005 University Avenue f. Bonds. g. Motion to deny the following: Outdoor Service Area Application The Winning Edge, 341 Fletcher Avenue HEARINGS AND BIDS 2. Purchase of Four Galvanized Mast Arm Poles for Traffic Signals, Easton & Hammond Traffic Safety Improvements, Contract No. CS-TSF-8155(702) 85-07. 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, file and instruct City Clerk to open and read bids and refer to Superintendent of Traffic Operations for review. HEARINGS 3. Issuance of not to exceed $5,060,000.00 General Obligation Bonds for Essential Corporate Purposes. Proof of publication of notice of public hearing-- to pay costs of acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high water, including flood control, storm water, tributary and drainage improvements; construction, reconstruction and repairing of street, sidewalk and intersection improvements; the acquisition, construction and installation of storm sewer and sanitary sewer improvements, including pump station, lift station and interceptor improvements; the acquisition of vehicles and equipment for the Police, Fire Rescue and Street Departments; the rehabilitation and improvement of city parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in city parks, including sports facilities and boating center improvements and the acquisition of off-road maintenance equipment; the acquisition, improvement and installation of traffic control devices, signage, fixtures and equipment, including traffic signal and street light improvements; and the acquisition and improving of the automated GIS/GPS system. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to institute proceedings to take additional action of issuance of said bonds. • May 18, 2009 Page 5 4. Issuance of not to exceed $6,350,000.00 General Obligation Bonds for Essential Corporate Purposes. Motion-to receive and file proof of publication of notice of public hearing--to pay costs of refunding and refinancing of certain outstanding city indebtedness consisting of the General Obligation Bonds, Series 2001, dated June 1, 2001. HOLD HEARING--No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to institute proceedings to take additional action of issuance of said bonds. 5. Issuance of not to exceed $710,000.00 General Obligation Bonds for Essential Corporate Purposes. Motion-to receive and file proof of publication of notice of pubic hearing--to pay costs of refunding and refinancing of certain outstanding city indebtedness consisting of General Obligation Bonds Taxable Series 2003B, dated June 15, 2003. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to institute proceedings to take additional action of issuance of said bonds. 6. Issuance of not to exceed $1,620,000.00 General Obligation Bonds for Essential Corporate Purposes. Motion-to receive and file proof of publication of notice of public hearing--to pay costs of aiding in the planning and undertaking and carrying out of urban renewal project activities and the Urban Renewal Plans for the Rath Tax Increment Redevelopment Area, the MidPort America Business Park at Waterloo Airport and the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Area, including the downtown development plan, the acquisition of properties and clearance and preparation of the same for public and private redevelopment, and the construction, repair and improvement of the Commercial Street Parking Ramp. HOLD HEARING-No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to institute proceedings to take additional action of issuance of said bonds. 7. Issuance of not to exceed $680,000.00 General Obligation Bonds for General Corporate Purposes. Motion-to receive and file proof of publication of notice of public hearing--to pay costs of reconstruction, renovation and improvement of Riverfront Stadium, Young Arena, the Center For The Arts and Youth Pavilion. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to institute proceedings to take additional action of issuance of said bonds. May 18, 2009 .�- Page 6 8. Issuance of not to exceed $550,000.00 General Obligation Bonds for General Corporate Purposes. Motion-to receive and file proof of publication of notice of public hearing--to pay costs of acquisition of capital equipment, office equipment and vehicles for various city departments, operations and buildings. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to institute proceedings to take additional action of issuance of said bonds. 9. Issuance of not to exceed $700,000.00 General Obligation Bonds for General Corporate Purposes. Motion-to receive and file proof of publication of notice of public hearing--to pay costs of reconstruction, remodeling, improvement, equipping and repairing of various city buildings and facilities, including the Five Sullivan Brothers Convention Center, Central Garage, Fire Stations, Public Library and swimming pools renovations. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to institute proceedings to take additional action of issuance of said bonds. 10. Issuance of not to exceed $390,000.00 General Obligation Bonds for General Corporate Purposes. Motion-to receive and file proof of publication of notice of public hearing--to pay costs of improvement of city golf courses and acquisition of maintenance equipment. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to institute proceedings to take additional action of issuance of said bonds. DOCUMENTS 11. Resolution-to approve communication from Planner II transmitting request of Iowa Heartland Habitat for Humanity for tax exemptions on improvements totaling $82,000.00 for property located at 409 Thompson Avenue, together with recommendation of approval. 12. Resolution-to approve communication from Fire Chief transmitting application with U.S. Department of Homeland Security, Federal Emergency Management Agency 2009 Assistance to Firefighters grant in the amount of$203,475.00, with required 20 percent local match, to be used to purchase 31 SCBAs, 69 face pieces and related equipment. May 18, 2009 Page 7 13. Resolution-to approve communication from Community Planning & Development Director transmitting Certified Local Government National Register Review form with United States Department of the Interior National Park Services to nominate the Fowler Building, corner of Lafayette Street and East 4th Street, for National Register of Historic Places. 14. Resolution-to approve communication from Superintendent of Waste Management Services transmitting agreement with Terracon Consulting Engineers of Cedar Falls, Iowa, at a cost of$2,485.00 for subsurface exploration and laboratory testing for the construction of the shallow foundation system and floor slab for the WPFC Storage Building. 15. Resolution-to approve communication from Airport Director transmitting agreement with AECOM of Waterloo, Iowa at a cost of$182,000.00 for construction related engineering services for the Rehabilitation of Runway 18/36 at the Waterloo Airport. 16. Resolution-to approve communication from Airport Director transmitting agreement with AECOM of Waterloo, Iowa at a cost of$320,000.00 for construction related engineering services for the federal stimulus portion of Rehabilitation of Runway 18/36 at Waterloo Airport. 17. Resolution-to approve communication from Associate Engineer transmitting agreement with VJ Engineering of Cedar Falls, Iowa at a cost not to exceed $28,250.00, with 50 percent required city match, for engineering services for the F.Y. 2010 New Road Off Of Airline Highway, Contract No. 767. 18. F.Y. 2008 West Commercial Street Extension, River Road Relocation and Storm Water Pump Station, Contract No. 720. Motion-to approve communication from Assistant City Engineer transmitting Change Order No. 7 for a net increase in the amount of$54,346.60 for work performed by Cedar Valley Corp. 19. Resolution-to approve communication from Superintendent of Traffic Operations transmitting agreement with Iowa Department of Transportation for funding in the amount of$62,000.00, with 20 percent required local match, for Traffic Safety Awareness Campaign. 20. Resolution-to approve communication from Community Planning & Development Director transmitting Memorandum of Understanding with Iowa Northland Regional Council of Governments to write EDA grant for lift station improvements in the Blowers Creek area, Vinton Street area, Dry Run Creek area, Virden Creek area and Westfield area. e8 May 18, 2009 Pa 9 21. Resolution-to approve communication from Community Planning & Development Director transmitting application with Environmental Protection Agency for grant in the amount of approximately $8.175 million for funding permanent lift station improvements in the Blowers Creek area, Vinton Street area, Dry Run Creek area, Virden Creek area and Westfield area. NEW BUSINESS 22. F.Y. 2009 West Shaulis Road, Contract No. 759. 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 City Clerk to publish notice of plans, specifications,form of contract, etc. Set date of hearing as June 15, 2009. 23. F.Y. 2009 U.S. 63/U.S. 218 Interchange Area, Contract No. 757. 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 City Clerk to publish notice of plans, specifications,form of contract, etc. Set date of hearing as June 15, 2009. 24. Purchase of One Current Year Tandem Dump Truck and Two Single Axle Dump Trucks With Snow Control Package for the Street Department. 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 City Clerk to publish notice of plans, specifications,form of contract, etc. and taking of bids. Set date of hearing as June 8, 2009. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Nancy Eckert, CMC City Clerk • May 18, 2009 Page 9 MEETINGS Monday, May 18, 2009 4:45 p.m. -Building & Grounds Committee, Council Chambers 4:50 p.m. -Public Safety Committee, Council Chambers 4:55 p.m. - Public Works Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Municipal Telecommunications Utility (MTU) Board minutes of February 20, 2009 on file in the office of the City Clerk. 2. Consolidated Public Safety Communications Center Board minutes of April 1, 2009 on file in the office of the City Clerk. 3. Black Hawk County 911 Service Board minutes of April 1, 2009 on file in the office of the City Clerk. 4. Black Hawk County Criminal Justice Information System Board of Directors minutes of April 1, 2009. 5. Waterloo Leisure Services Commission minutes of April 14, 2009 on file in the office of the City Clerk. 6. Memorial Hall Commission minutes of April 22, 2009 on file in the office of the City Clerk. 7. Waterloo Public Library Board of Trustees minutes of April 13, 2009 on file in the office of the City Clerk. 8. Hwy 218 Design Review Board minutes of November 4, 2008 on file in the office of the City Clerk. 9. Planning, Programming and Zoning Commission minutes of April 7, 2009 on file in the office of the City Clerk. CONTRACT PAYMENT SCHEDULE 1. Asbestos Survey, Contract No. 135 AS-03-16-09-GO. Pay American Testing & Training, Inc. in the total amount due of S1,995.00 2. Riverwalk Loop Trail Cedar Bend to Mullan Avenue, Contract No. 714. Pay estimate No. 20 to Cedar Valley Corp. in the total amount due of S24,737.65. May 18, 2009 Page 10 3. Streetscape Improvements for East 4th Street. Pay construction related services to Craig Ritland Landscape Architects in the total amount due of$110.00. 4. Riverloop Exposition Plaza, Contract No. 721. Pay estimate No. 30 to Cunningham Construction in the total amount due of $176,565.78. 5. Riverwalk Loop Trail from 6th Street to Cedar River Dam. Pay construction review services to Earth Tech/AECOM in the total amount due of $9,132.84. 6. West Shaulis Road Extension. Pay estimate No. 14 to Kirkham Michael &Associates in the total amount due of $6,051.07. 7. Cedar River Dam Waterloo Dam Rehabilitation Riverwall Reconstruction, Contract No. 713. Pay estimate No. 43 to Peterson Contractors, Inc. in the total amount due of $33,155.47. 8. F.Y.07 Riverview Recreational Trail, Contract No. 726. Pay estimate No. 3 to Stickfort Construction in the total amount due of$17,521.33. 9. Cedar River Renaissance Trail Enhancements Riverwalk Loop Enhancements, Contract No. 743. Pay estimate No. 8 to Vieth Construction Corp. in the total amount due of $20,324.37. Council Work Session May 14, 2009 8:00 a.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Discussion of weekly council agenda. 2. Motion—to adjourn. Nancy Eckert City Clerk THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, MAY 11, 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. You may address any item on the agenda by stepping to the podium, and after recognition by the chair, state your name, address and group affiliation(if appropriate)and speak clearly into the microphone. 2. You may speak one(1)time per item for a maximum of three(3)minutes. 3. Although riot required by city code of ordinances, oral presentations may be allowed at the Mayor's discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1)issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 4. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 5. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 6. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Noel Anderson, Community Planning & Development Director. Agenda, as proposed or amended. May 11, 2009 Page 2 Minutes of May 4, 2009, Regular Session, and April 23, 2009 Special Session, as proposed. Presentation by Tracye Redd and Diane Neebel on Elevate Program and first Annual Graduation Party on May 15, 2009. ADD - Proclamation declaring May 10-16, 2009 as National Police Week. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolutions 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 City Engineer transmitting request of Wayne Snell for a waiver for a concrete driveway to be located at 1154 Williston Avenue, together with recommendation of approval. b. Motion to approve the following: 1. Michelle Weidner, Chief Financial Officer, to attend Iowa Governmental Audits Local Government Update in Cedar Rapids, Iowa on May 28, 2009, with costs not to exceed $345.00, including use of city vehicle. 2. Shannon Farlow, Development/Marketing Director, to attend Dana Hines on Membership Development Conference at Urbandale, Iowa on May 11-12, 2009, with costs not to exceed $295.00. 3. Wendy Drinovsky, Data Systems Manager; and Rose Davis, Clerk I; to attend Shield Spring User Training in Johnston, Iowa on May 12-14, 2009, with costs not to exceed $545.00, including use of city vehicle. c. Liquor License Permit Application Class E Five Star Snacks & More, 315 Fletcher Avenue (Renewal) (Expires 6/2/10) (Includes Sunday Sales) d. Wine License Permit Application Class B Five Star Snacks & More, 315 Fletcher Avenue (Renewal) (Expires 6/2/10) (Includes Sunday Sales) Hwy 63 Diner, 3030 Mamie Avenue (New) (Expires 6/1/10) (Includes Sunday Sales) May 11, 2009 Page 3 e. Beer License Permit Application Class C Five Star Snacks & More, 315 Fletcher Avenue (Renewal) (Expires 6/2/10) (Includes Sunday Sales) f. Liquor License Permit Application Class B Ramada Inn, 205 West 4th Street (Renewal) (Expires 4/30/10) (Includes Sunday Sales) g. Beer License Permit Application Class C Metro 66, 3201 West 4th Street (Renewal) (Expires 6/30/10) (Includes Sunday Sales) h. Beer/Liquor License Permit Application Class C Five Sullivan Brothers Convention Center, 200 West 4th Street (Renewal) (Expires 4/30/10) (Includes Sunday Sales) Time Sports Bar and Grill, 213 East 5th Street (Renewal) (Expires 5/12/10) (Includes Sunday Sales) Waterloo Expo Services Corporation, 317 West 3rd Street (New) (Expires 5/25/10) (Includes Sunday Sales) Southtown Lounge, 2026 Bopp Street (Renewal) (Expires 6/7/10) (Includes Sunday Sales) Hwy 63 Diner, 3030 Mamie Avenue (New) (Expires 6/1/10) (Includes Sunday Sales) Barneys, 501 West 4th Street (New) (Expires 5/14/10) (Includes Sunday Sales) i. Outdoor Service Area Application DELETE - The Winning Edge, 341 Fletcher Avenue Waterloo Expo Services Corporation, 317 West 3rd Street j. Vehicle for Hire Business License Application First Call, 1773 Independence Avenue k. Bonds. 1. Fireworks Display Application My Waterloo Days, 6th Street Bridge or Park Avenue Bridge on 5/29/09 May 11, 2009 `' Page 4 HEARINGS AND BIDS 2. Parking Access and Revenue Management System (PARMS). 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, file and instruct City Clerk to open and read bid and refer to Superintendent of Traffic Operations for review. HEARINGS 3. Amendment to FY 2009 Consolidated Plan One-Year Action Plan. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to approve said amendment and authorize submittal to U.S. Department of Housing and Urban Development. UNFINISHED BUSINESS 4. Rehabilitation of Runway 18-36 at Waterloo Regional Airport. Resolution-to approve communication from Airport Director transmitting recommendation of award of contract in the amount of$4,885,341.60 to K. Cunningham Construction Co., Inc. of Cedar Falls, Iowa, subject to receipt of FAA grant funding. 5. Oiling/Seal Coating and Crack Sealing Program. Resolution-to approve communication from Superintendent of Streets transmitting recommendation of award of contract to Flint Hills Resources, LP for the products of HFMS-2S at $1.9191 per gallon ($15,659.86) and CRS-2P at $2.1691 per gallon ($75,951.03) and award of contract to Bituminous Materials & Supply for the products of CSS1-Dilute at $1.00 per gallon ($15,000.00) and HFE-300 at $2.00 per gallon ($10,000.00)for a total bid not to exceed $150,000.00. 6. F.Y. 2009 Economic Stimulus Overlay, Contract No. 758. Resolution-to approve communication from Associate Engineer transmitting recommendation of award of contract in the amount of$1,571,037.57 to Aspro, Inc. of Waterloo, Iowa. DOCUMENTS 7. F.Y. 2007 Recreational Trail - Cedar Bend to Mullan Avenue, Contract No. 714. Motion-to approve communication from Associate Engineer transmitting Change Order No. 11 for a net increase in the amount of$76,763.81 for work performed by Cedar Valley Corp. of Waterloo, Iowa. May 11, 2009 Page 5 8. Resolution-to approve communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Cedar Valley Corp. Of Waterloo, Iowa at a total cost of$824,588.08 in conjunction with F.Y. 2007 Recreational Trail- Cedar Bend to Mullan Avenue, Contract No. 714. 9. Resolution-to approve communication from Airport Director transmitting agreement with Iowa Department of Transportation for Fiscal Year 2009 Commercial Service Vertical Infrastructure Program grant in the amount of$106,181.00, with no required city match, to be used for new entrance door for Livingston Aviation, hangar repairs, new hangar doors, windows and sealing roofs. 10. Resolution-to approve communication from Airport Director transmitting one-year lease agreement with Waterloo Implement for 72" side discharge riding mower at a cost of$3,950.00 and 20'flex wing rotary cutter at a cost of$3,000.00. 11. Resolution-to approve communication from Police Chief transmitting renewal of insurance through PDCM for the Tri-County Drug Enforcement Task Force at a cost of$5,872.21. 12. Resolution-to approve communication from Chief Financial Officer transmitting agreements with Berens-Tate Consulting Group to complete arbitrage calculations for 2004A General Obligation Bond issue and 2004A Sewer Revenue Refunding Bond issue at a cost of$3,000.00 to $5,000.00 plus expenses for each bond issue. 13. F.Y. 2009 Economic Stimulus Overlay, Contract No. 758. Resolution-to approve communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of$1,571,037.57 with Aspro, Inc. of Waterloo, Iowa. 14. Resolution-to approve communication from Associate Engineer transmitting Notice of Intent for NPDES Coverage Under General Permit with Iowa Department of Natural Resources for F.Y. 2009 West Shaulis Road, Contract No. 759. 15. Resolution-to approve communication from Associate Engineer transmitting agreement with Chicago, Central & Pacific Railroad and Iowa Department of Transportation for installation of 12"LED flashing light signals and gate arms at the railroad crossing on North Evans Road at an approximate cost of$175,000.00, with no city match. 16. Resolution-to approve communication from Associate Engineer transmitting agreement with Chicago, Central & Pacific Railroad and Iowa Department of Transportation for installation of 12"LED flashing light signals, additional sidelights and gate arms at the railroad crossing on Osage Road at an approximate cost of$175,000.00, with no city match. May 11, 2009 Page 6 17. Resolution-to approve communication from Associate Engineer transmitting agreement with Chicago, Central & Pacific Railroad and Iowa Department of Transportation for installation of 12"LED flashing light signals, additional sidelights and gate arms at the railroad crossing on Wagner Road at an approximate cost of$175,000.00, with no city match. 18. Center For The Arts 2009 Roofing Project. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting Contracts, Bonds and Certificates of Insurance in the amount of$142,886.00 with Service Roofing of Waterloo, Iowa. 19. Resolution-to approve communication from Airport Director transmitting application with Federal Aviation Administration for grant in the amount of$3,590,000.00, with no required local match, to be use for Runway 18/36 Rehabilitation Project. 20. Resolution-to approve communication from Associate Engineer transmitting Right of Entry Agreement with Union Pacific Railroad to use city property at the end of East 7th Street for repairs to the bridge. 21. Resolution-to approve communication from Superintendent of Traffic Operations transmitting recommendation of acceptance of work performed by KWS Electric of Cedar Falls, Iowa at a total cost of$12,247.00 in conjunction with Traffic Safety Improvements, Sign Installation and Pavement Markings at West 4th Street and Allen, CS-TSF-8155(699)-85-07. 22. Resolution-to approve communication from Director of Cultural &Arts Commission transmitting application with Silos and Smokestacks National Heritage Area for grant in the amount of$8,500.00, with required 50 percent match, for support of Public Art in downtown Waterloo. RESOLUTIONS TO BE ADOPTED 23. Resolution-to order flags on all city facilities to be flown at half-staff on May 14, 2009 for Peace Officers Memorial Day. 24. Resolution-to set the date of hearing as May 26, 2009 on amendments to FYE2009 Budget. 25. Resolution-to approve communication from Mayor Hurley transmitting request for discretionary hotel/motel funds in the amount of$20,000.00 to WESCO for startup funding. 26. Resolution-to allow temporary parking on the north side of Oleson Road back 150 feet east of the intersection with Hammond Avenue until construction is completed. ORAL PRESENTATIONS May 11, 2009 Page 7 Motion-to receive and file oral comments. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, May 11, 2009 4:50 p.m. -Public Safety Committee, Council Chambers 4:55 p.m. -Human Resources Committee, Council Chambers 5:00 p.m. -Finance Committee, Council Chambers PUBLIC INFORMATION 1. Northeast Iowa Response Group minutes of March 12, 2009 on file in the office of the City Clerk. CONTRACT PAYMENT SCHEDULE 1. F.Y. 2009 Street Reconstruction Program, Contract No. 756. Pay estimate No. 2 to Aspro, Inc. in the total amount due of$137,186.77. 2. F.Y. 2009 Asphalt Overlay Program, Contract No. 754. Pay estimate No. 1 to Aspo, Inc. in the total amount due of$67,924.98. 3. F.Y. 2008 Street Reconstruction Program, Contract No. 736. Pay estimate No. 18 to Aspro, Inc. in the total amount due of$26,277.22. 4. Commercial Street Extension & River Road Relocation & Storm Water Pump Station, Contract No. 720. Pay estimate No. 15 to Cedar Valley Corp. in the total amount due of$157,127.63. 5. Waterloo Dam Rehabilitation & River Walk Reconstruction, Contract No. 713. Pay estimate No. 20 to Earth Tech/AECOM in the total amount due of$9,005.08. 6. F.Y. 07 Riverview Recreational Trail, Contract No. 726. Pay estimate No. 5 to Earth Tech in the total amount due of$10,196.06. 7. FY 08 4th Street Reconstruction & Streetscape Improvements, Contract No. 742. Pay estimate No. 10 to Peterson Contractors in the total amount due of$46,685.14. 8. FY 09 Permanent Closure of Black Hawk Creek Railroad Crossings, Contract No. 747. Pay estimate No. 1 to Peterson Contractors in the total amount due of$108,517.79. Council Work Session May 7, 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. Nancy Eckert City Clerk THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, MAY 4, 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. You may address anti item on the agenda by stepping to the podium, and after recognition by the chair, state your name, address and group affiliation(if appropriate)and speak clearly into the microphone. 2. You may speak one(1)time per item for a maximum of three(3)minutes. 3. Although not required by city code of ordinances, oral presentations may be allowed at the Mayor's discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 4. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 5. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 6. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Rudy Jones, Community Development Director Agenda, as proposed or amended. May 4, 2009 Page 2 Minutes of April 27, 2009, Regular Session, and April 23, 2009, Special Session, as proposed. Proclamation declaring Letter Carrier Food Drive Day as May 9, 2009. 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. Resolutions 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 City Clerk transmitting request of Screaming Eagle American Bar & Grill, 228 East 4th Street,for a variance to the Noise Ordinance starting Thursday, May 7, 2009 and each Thursday through September 2009 from 6:00 p.m. to 10:00 p.m. in conjunction with Bike Night event to be held on Lafayette Street between 4th and 5th Streets, including PA system and band, together with recommendation of approval of Police Chief 3. Communication from City Engineer transmitting request of Brian Schmedeke for a waiver for a concrete driveway to be located at 321 Maryland Avenue, together with recommendation of approval. 4. Communication from City Engineer transmitting request of John Brunson for a waiver for a concrete driveway to be located at 205 Joy Drive, together with recommendation of approval. b. Motion to approve the following: 1. Communication from Superintendent of Traffic Operations transmitting recommendation of appointment of Craig Hintzman to the position of Signal Technician I, effective May 11, 2009. 2. Rich Warren and Allynn Howe, Consultants for Government Relations, to travel to Waterloo, Iowa on May 5-6, 2009, with costs not to exceed $1,400.00. c. Beer/Liquor License Permit Application Class C Applebee's Neighborhood Grill & Bar, 2780 Crossroads Boulevard (Renewal) (Expires 6/23/10) (Includes Sunday Sales) Benevolent & Protective Order of Elks, 407 E. Park Avenue (Renewal) (Expires 6/30/10) (Includes Sunday Sales) May 4, 2009 Page 3 d. Beer License Permit Application Class C Michoacana Meat Market, 1215 Franklin Street (Renewal) (Expires 4/26/10) (Includes Sunday Sales) e. Liquor License Permit Application Class E Liquor& Tobacco Outlet, 5151 Broadway Street (Renewal) (Expires 5/31/10) (Includes Sunday Sales) f Wine License Permit Application Class B Liquor& Tobacco Outlet, 5151/ Broadway Street (Renewal) (Expires 5/31/10) (Includes Sunday Sales) g. Beer License Permit Application Class C Liquor& Tobacco Outlet, 5151/ Broadway Street (Renewal) (Expires 5/31/10) (Includes Sunday Sales) h. Outdoor Café Application Cottonwood Canyon Coffee, 218 East 4th Street i. Bonds. UNFINISHED BUSINESS 2. Asbestos Removal for 218-220 and 222-224 W. 2nd Street, 118 E. 10th Street, 116- 118 E. 8th Street and 1218 Sycamore Street, Contract No. 133-AR-04-13-09-GO. Resolution-to approve communication from Contracts and Grants Coordinator transmitting recommendation of award of contract in the amount of$9,850.00 to Advanced Technologies of Waterloo, Iowa. 3. Center For The Arts 2009 Roofing Project. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $142,886.00 to Service Roofing of Waterloo, Iowa. DOCUMENTS 4. Resolution-to approve communication from Associate Engineer transmitting request from AECOM Technical Services, Inc. to transfer the unused part of Weston Solution's contingency costs of$5,500.00 to Earth Tech's estimated actual costs and release $4,000.00 contingency to cover finalized costs in conjunction with U.S. Highway 63 - Westfield Avenue Connection, Contract No. 730. May 4, 2009 Na'' Page 4 5. Resolution-to approve communication from Associate Engineer transmitting request from AECOM Technical Services, Inc. to modify scope of services, transfer costs of $9,000.00 from unused contingencies of sub consultants to AECOM Technical Services authorized costs, release of contingency in the amount of$34,000.00 and extend completion date to December 31, 2009 in conjunction with U.S. Highway 63 Improvements, U.S. 218 Donald Street, NHSX-63(6)-3H-07. 6. Asbestos Removal for 218-220 and 222-224 W. 2nd Street, 118 E. 10th Street, 116- 118 E. 8th Street and 1218 Sycamore Street, Contract No. 133 AR-04-13-09-GO. Resolution-to approve communication from Contracts and Grants Coordinator transmitting Contract in the amount of$9,850.00 with Advanced Technologies of Waterloo, Iowa. 7. Resolution-to approve communication from Mayor Tim Hurley transmitting modified contract for Legal Services with Jim Walsh for retainer of$1,600.00 per month and Clark, Butler, Walsh and Hamann at $115.00 per hour for attorneys and $70.00 for paralegals. 8. Resolution-to approve communication from Police Chief transmitting agreement with the University of Northern Iowa to provide evaluation of police activities pertaining to 2007 Methamphetamine Initiative grant. 9. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting agreement with Black Hawk County for use of city's computer maintenance management system. 10. Resolution-to approve communication from Community Development Director transmitting agreement with Iowa Department of Economic Development for Housing Disaster Recovery Fund grant in the amount of$21,000.00, with no required local match,for purchase of X-Ray Florescence (XRF)Analyzer. 11. Resolution-to approve communication from Community Planning & Development Director transmitting application with the Iowa Department of Economic Development for recertification and expansion of existing Enterprise Zone. 12. Resolution-to approve communication from Superintendent of Traffic Operations transmitting agreement with Iowa Department of Transportation for safety grant in the amount of$250,000.00, with no required local match,for installation of guidance signs on Sergeant Road, TSF20-6(56)-92-07. 13. Resolution-to approve communication from Police Chief transmitting application with U.S. Department of Justice, Office of Community Oriented Policing Services for COPS Secure our Schools Program grant, with 50 percent match to be provided by Waterloo School District, to assist with development of school safety resources. May 4, 2009 Page 5 RESOLUTIONS TO BE ADOPTED 14. Resolution-to rescind Resolution No. 2008-534 due to error in legal description and adopt new resolution approving encroachment agreement with Budke Properties, LC to allow for monument sign and existing flag pole to encroach onto easement over a portion of vacated West Airline Highway. 15. Resolution-to elect classifications and procedures for proposed bond projects listed in the Requested G.O. Bonds F.Y. 2010 Summary. 16. Resolution-to fix date of hearing as May 18, 2009 on the issuance of not to exceed $5,060,000.00 General Obligation Bonds for Essential Corporate Purposes to pay costs of acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high water, including flood control, storm water, tributary and drainage improvements; construction, reconstruction and repairing of street, sidewalk and intersection improvements; the acquisition, construction and installation of storm sewer and sanitary sewer improvements, including pump station, lift station and interceptor improvements; the acquisition of vehicles and equipment for the Police, Fire Rescue and Street Departments; the rehabilitation and improvement of city parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in city parks, including sports facilities and boating center improvements and the acquisition of off-road maintenance equipment; the acquisition, improvement and installation of traffic control devices, signage, fixtures and equipment, including traffic signal and street light improvements; and the acquisition and improving of the automated GIS/GPS system. 17. Resolution-to fix date of hearing as May 18, 2009 on issuance of not to exceed $6,350,000.00 General Obligation Bonds for Essential Corporate Purposes to pay costs of refunding and refinancing of certain outstanding city indebtedness consisting of the General Obligation Bonds, Series 2001, dated June 1, 2001. 18. Resolution-to fix date of hearing as May 18, 2008 on issuance of not to exceed $710,000.00 General Obligation Bonds for Essential Corporate Purposes to pay costs of refunding and refinancing of certain outstanding city indebtedness consisting of General Obligation Bonds Taxable Series 2003B, dated June 15, 2003. May 4, 2009 `�' Page 6 19. Resolution-to fix date of hearing as May 18, 2009 on issuance of not to exceed $1,620,000.00 General Obligation Bonds for Essential Corporate Purposes to pay costs of aiding in the planning and undertaking and carrying out of urban renewal project activities and the Urban Renewal Plans for the Rath Tax Increment Redevelopment Area, the MidPort America Business Park at Waterloo Airport and the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Area, including the downtown development plan, the acquisition of properties and clearance and preparation of the same for public and private redevelopment, and the construction, repair and improvement of the Commercial Street Parking Ramp. 20. Resolution-to fix date of hearing as May 18, 2009 on issuance of not to exceed $680,000.00 General Obligation Bonds to pay costs of reconstruction, renovation and improvement of Riverfront Stadium, Young Arena, the Center For The Arts and Youth Pavilion. 21. Resolution-to fix date of hearing as May 18, 2009 on issuance of not to exceed $550,000.00 General Obligation Bonds to pay costs of acquisition of capital equipment, office equipment and vehicles for various city departments, operations and buildings. 22. Resolution-to fix date of hearing as May 18, 2009 on issuance of not to exceed $700,000.00 General Obligation Bonds to pay costs of reconstruction, remodeling, improvement, equipping and repairing of various city buildings and facilities, including the Five Sullivan Brothers Convention Center, Central Garage, Fire Stations, Public Library and swimming pools renovations. 23. Resolution-to fix date of hearing as May 18, 2009 on issuance of not to exceed $390,000.00 General Obligation Bonds to pay costs of improvement of city golf courses and acquisition of maintenance equipment. ORDINANCES TO BE ADOPTED 24. An ordinance amending the 2008 Traffic Code by repealing Subsection (21) Sycamore Street of Section 552, No Parking Between Signs; and enacting in lieu thereof new Subsection (21) Sycamore Street of Section 552, No Parking Between Signs (place No Parking Between Signs 20 feet either side of the driveway along the south side of the 1100 Block of Sycamore Street). 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. 25. An ordinance rescinding Ordinance No. 4914 and adopting new ordinance vacating a portion of West Airline Highway adjacent to 3533 West Airline Highway and retaining an easement over a portion of the vacated right-of-way. Motion-to receive,file, consider and pass for the first time. Motion-to suspend the rules. Motion-to consider and pass for the second and third times and adopt ordinance. May 4, 2009 Page 7 NEW BUSINESS 26. Carpet Replacement for Human Resources Office and Carpet and Tile Replacement for Second Floor of City Hall. Motion-to instruct Building Official/Maintenance Administrator to prepare bid documents, specifications, form of contract, etc. Motion-to receive and file bid documents, specifications,form of contract, etc. Resolution-to preliminarily approve bid documents, 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 May 26, 2009. 27 Janitorial Contract for City Hall, Carnegie Annex, Police Training Center and Memorial Hall. Motion-to instruct Building Official/Maintenance Administrator to prepare bid documents, specifications, form of contract, etc. Motion-to receive and file bid documents, specifications,form of contract, etc. Resolution-to preliminarily approve bid documents, 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 May 26, 2009. 28. Purchase of Four Galvanized Mast Arm Poles for Traffic Signals, Easton & Hammond Traffic Safety Improvements, CS-TSF-8155(702) 85-07. Motion-to instruct Superintendent of Traffic Operations to prepare bid documents, specifications, form of contract, etc. Motion-to receive and file specifications,form of contract, etc. Resolution-to preliminarily approve 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 May 18, 2009. 29. Resolution-to approve communication from City Engineer transmitting request to send out notification to property owners of proposed sidewalk repairs and estimate of costs and setting date of hearing as May 26, 2009 on proposed repairs in conjunction with the Sidewalk Inspection and Repair Program -Zone 9. 30. Resolution-to approve communication from Community Development Director transmitting Amendment to the Fiscal Year 2009 Consolidated Plan One-Year Action Plan. Set date of hearing as May 11, 2009. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT May 4, 2009 4' Page 8 Nancy Eckert, CMC City Clerk MEETINGS Monday, May 4, 2009 4:45 p.m. - Building and Grounds Committee, Council Chambers 4:50 p.m. - Public Works Committee, Council Chambers 4:55 p.m. -Public Safety Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Community Development Board minutes of February 17, 2009 and Community Development Board public hearing minutes of February 17, 2009 on file in the office of the City Clerk. 2. Communication from Fire Chief transmitting layoff of Kerry Burt, Fire Fighter, effective May 1, 2009, together with recommendation of payment of$2,914.23 for unused vacation time. CONTRACT PAYMENT SCHEDULE 1. Riverloop Exposition Plaza, Contract No. 721. Pay estimate No. 29 to Cunningham Construction in the total amount due of $133,758.73. 2. West Shaulis Road Extension. Pay estimate No. 14 to Kirkham Michael & Associates in the total amount due of $17,256.46. 3. Waterloo Dam Rehabilitation and Riverwall Reconstruction, Contract No. 713. Pay estimate No. 42 to Peterson Contractors Inc. in the total amount due of $66,768.57. 4. F.Y. 08 Public Market Building, Contract No. 738. Pay estimate No. 8 to Prairie Construction Co. Inc. in the total amount due of $2,366.71. 5. F.Y. 07 Riverview Recreational Trail, Contract No. 726. Pay estimate No. 1 to Stickfort Construction in the total amount due of$2,365.50.