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HomeMy WebLinkAbout04.April THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 4:00 P.M. MONDAY, APRIL 28, 2008 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: Dennis Clark, General Manager of Waterloo Water Works. Agenda, as proposed or amended. April 28, 2008 Page 2 Minutes of April 21, 2008, Regular Session, and April 24, 2008 Special Session, as proposed. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolutions to approve the following: 1. Resolution-to approve Bills Payment, Schedule AP640, a copy of which is on file in the City Clerk's office. 2. Communication from City Engineer transmitting request of Bennie Owen for a waiver for a concrete driveway to be located at 1532 Liberty Avenue, together with recommendation of approval. 3. Communication from City Engineer transmitting request of James Winder for a waiver for a concrete driveway to be located at 1526 Liberty Avenue, together with recommendation of approval. ADD_ 4. Communication from Police Chief transmitting request of Main Street Waterloo to hold Cinco de Mayo event on May 3, 2008 from 3:00 p.m. to 9:30 p.m. and to close Bluff Street from 2:30 - 9:30 p.m. in the block of West 4th Street between LaPlacita Grocery Store and the underpass. b. Motion to approve the following: 1. Brad Walter and Dave Bovy, Police Officers, to attend Midwest Association of Technical Accident Investigators Conference in Council Bluffs, Iowa on May 4-7, 2008, with costs not to exceed $1,030.64, including use of city vehicle. 2. Greg Erie, Police Officer; and Aaron McClelland, Police Sergeant; to attend Taser Armorer Course in Des Moines, Iowa on May 7-8, 2008, with costs not to exceed $780.00, including use of city vehicle. 3. Nancy Gulick, Community Development Coordinator, to attend Iowa Finance Authority Housing Development Finance Professional Certification Program in Des Moines, Iowa on May 19-23, 2008, with costs not to exceed $720.00, including use of city vehicle, including use of city vehicle. c. Beer License Permit Application Class B Lost Island Waterpark, 2225 E. Shaulis Road (New) (5/1/08 - 11/1/08) (Includes Sunday Sales) • April 28, 2008 Page 3 Godfather Pizza, 3811 University Avenue (Renewal) (Expires 4/30/09) (Includes Sunday Sales) d. Beer/Wine Permit Application Special Class C Main Street Waterloo, Lincoln Park (New) (5/1/08 - 11/1/08) e. Beer/Liquor License Permit Application Class C Flirt's Gentlemen's Club, 319 Jefferson Street (Renewal) (Expires 4/30/09) (Includes Sunday Sales) La Chiquita, Inc., 301 East 4th Street (New) (4/29/08-10/29/08) (Includes Sunday Sales) f. Outdoor Service Area Application La Chiquita, 301 East 4th Street Lost Island Waterpark, 2225 E. Shaulis Road Main Street Waterloo, Lincoln Park g. Outdoor Café Application La Chiquita, 301 East 4th Street h. Fireworks Display Application Waterloo Bucks Baseball, 850 Park Road on June 20, 2008 i. Theater License Application Crossroads 12 Theatre, 2450 Crossroads Boulevard Mini Cinema 16, 315 E. 4th Street Fantasy Island Amusement, 1850 W. Airline Hwy Adult Emporium, 1507 LaPorte Road j. Bonds. HEARINGS AND BIDS 2. F.Y. 2008 Sidewalk Repair Program -Zone 8 and Trail Repairs, Contract No. 740. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to confirm approval of plans, specifications, form of contract, etc. Resolution-to order construction. Motion-to receive and file and instruct City Clerk to open and read bids and refer to City Engineer for review. April 28, 2008 Page 4 3. East Park Avenue Parking Garage. 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 move date of bid opening to May 5, 2008. HEARINGS 4. Sale and conveyance of a portion of vacated alley generally located adjacent to 432 James Street for$70.00—Rosalie Fischels. 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. UNFINISHED BUSINESS 5. 2008 Right-of-Way Mowing. Resolution-to approve communication from Leisure Services Facilities Manager transmitting recommendation of award of contract to B & B Lawn Care, Inc. of Waterloo, Iowa at $46.48 per acre for Option A, $46.48 per acre for Option B, $37.24 per acre for Option C, $48.00 per hour for Option D and $65.00 per acre for Option E. DOCUMENTS 6. F.Y. 2007 Recreational Trail- Cedar Bend Park to Mullan Avenue, Contract No. 714. Motion-to approve communication from Associate Engineer transmitting Change Order for a net increase in the amount of$23,683.00 for work performed by Cedar Valley Corporation of Waterloo, Iowa. 7. Resolution-to approve communication from Airport Director transmitting lease agreement with Mobile Money, Inc. at a cost of$150.00 per month for the period of November 15, 2007-November 14, 2008 to provide an ATM machine at the Airport. 8. Resolution-to approve communication from Associate Engineer transmitting Memorandum of Agreement with FHWA, IDOT, and Iowa State Historic Preservation Office for treatment of houses located at 1252 and 1302 Logan Avenue. 9. Preliminary Plat of Southland Park 5th Addition. Resolution-to approve preliminary plat and necessary documents. April 28, 2008 Page 5 10. Final Plat of Techworks Addition. Resolution-to approve final plat and necessary documents. 11. Motion-to approve communication from Associate Engineer transmitting final breakdown of construction costs for a final contract amount of$3,005,419.51 in conjunction with F.Y. 2006 U.S. 20/Ansborough Avenue Interchange Project, Contract No. 667. 12. Resolution-to approve communication from Community Planning & Development Director transmitting Property Access Agreement for property located at 108 Commercial Street for environmental site assessment as part of the Brownfield Redevelopment Program in the downtown. 13. Resolution-to approve communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of$300.00 with Hy-Vee Gas, 1512, Flammang Drive, for sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age. RESOLUTIONS TO BE ADOPTED 14. Resolution-to approve communication from City Engineer transmitting request of Grout Museum District to extend the closure of West Park Avenue from Washington Street to South Street during construction for the Sullivan Brothers Iowa Veterans Museum for two more months, beginning May 1, 2008. 15. Resolution-to approve communication from Community Planning & Development Director transmitting request to accept and approve acquisition of property generally located at 133 Argyle Street, as granted by court order pursuant to Section 657A of the Iowa Code. NEW BUSINESS 16. F.Y. 2006 Donald Street Trail, Contract No. 700. Motion-to instruct City Engineer to prepare plans, specifications,form of contract, etc. Motion-to receive and file plans, specif cations, 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 May 19, 2008. 17. Resolution-to approve communication from Superintendent of Streets requesting authorization to seek quotes for various asphalt emulsions/bituminous products needed for the upcoming oiling, seal coating, chip sealing, fog sealing and crack sealing programs. • April 28, 2008 Page 6 18. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$2,280.00 for work performed by the Water Works at 526 Center Street, together with recommendation of approval of Waterloo Water Works Board of Trustees. ORAL PRESENTATIONS Motion-to receive and file oral comments. Motion-to adjourn to 5:30 p.m.for the hearings on the annexation and rezoning request of Elk Run Energy Associates, LLC. Roll Call. HEARINGS 19. Voluntary annexation of approximately 346.61 acres of property generally located along Merle Road, north of Newell Street, 3/4 mile east of N. Elk Run Road for purpose of constructing a 750-megawatt coal-fired electric generation facility and rescind Resolution No. 2007-332 in its entirety.—Elk Run Energy Associates, LLC on behalf of property owners. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING. Motion-to close hearing and receive and file recommendation of approval of Planning, Programming and Zoning Commission, letters in favor and opposed, and oral and written comments. Motion-to deny applicants' request for waiver of Section 4-3-7(C), Section 5-2-6(A) and Title 9, Chapter 1, Article B. Resolution-to approve said annexation. 20. Rezone from "A-1"Agricultural District to "M-2,P"Planned Industrial District approximately 260.36 acres of property generally located along Merle Road, north of Newell Street, 3/4 mile east of N. Elk Run Road for the purpose of constructing a 750-megawatt coal-fired electric generation facility and rescind Ordinance No. 4868 in its entirety--Elk Run Energy Associates, LLC on behalf of property owners. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING. Motion-to close hearing and receive and file recommendation of approval of Planning, Programming and Zoning Commission, letters in favor and opposed, 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, with ordinance to become effective following publication as required by law and upon completion of the annexation process for the subject real estate in accordance with the requirements of Chapter 368 of the Code of Iowa (2007), which in any event must be completed within six months from the date hereof or this ordinance shall be void and of no force or effect. April 28, 2008 Page 7 DOCUMENTS 21. Resolution-to approve communication from City Planner transmitting amendment to Development Agreement with Elk Run Energy Associates LLC for the construction and related improvements for a modern electric generating facility, with approximately $800,000.00 per year excise tax, no tax rebatement or abatement, provide for extension of utilities for the development, improvements to Newell Street, a grant of$150,000.00 for construction of a recreational trail on the east side, a grant of$400,000.00 to the Highway 63 Gateway Community Development Corporation for the Highway 63 Corridor, a grant of$100,000.00 for establishment of Technical Scholarship Fund to assist with post-secondary educational funding for students in Black Hawk County, etc. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, April 28, 2008 3:40 p.m. -Finance Committee, Council Chambers PUBLIC INFORMATION 1. Waterloo Public Library Board of Trustees minutes of March 10, 2008 on file in the City Clerk's office. 2. Northeast Iowa Response Group minutes of March 6, 2008 on file in the City Clerk's office. 3. Memorial Hall Commission minutes of March 26, 2008 on file in the City Clerk's office. 4. Waterloo Convention & Visitors Bureau Board minutes of March 25, 2008 on file in the City Clerk's office. 5. Community Development Board minutes of March 18, 2008 on file in the City Clerk's office. 6. Communication from Human Rights Director transmitting resignation of Thadine Graham, Administrative Secretary, effective April 18, 2008, together with recommendation of approval of payout of$1,271.02 for unused vacation time. April 28, 2008 `. 1.. Page 8 CONTRACT PAYMENT SCHEDULE 1. F.Y. 2008 Street Reconstruction, Contract No. 736. Pay estimate No. 1 to Aspro in the total amount due of$15,465.00. 2. Riverwalk Loop Trail Cedar Bend to Mullan Avenue, Contract No. 714. Pay estimate No. 13 to Cedar Valley Corporation in the total amount due in the amount of$6,059.59. 3. 2007 Riverloop Exposition Plaza, Phase 1, Division 2, Contract No. 721. Pay estimate No. 8 to Cunningham Construction in the total amount due of $7,630.55. 4. F.Y. 07 Riverview Recreational Trail, Contract No. 726. Pay estimate No. 2 to Earth Tech in the total amount due of$6,646.25. 5. FY 2008 Big Rock Rd. Bridge Replacement With Culverts Design, Contract No. 739. Pay estimate No. 1 to Earth Tech in the total amount due of$7,579.42. 6. West Shaulis Road Extension. Pay estimate No. 3 to Kirkham Michael & Associates in the total amount due of $16,506.07. AGENDA OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, TO BE HELD IN THE COUNCIL CHAMBERS IN THE CITY HALL, 8:15 A.M. THURSDAY, APRIL 24, 2008 ROLL CALL: Motion-to approve Agenda, as proposed or amended. NEW BUSINESS 1. Motion to approve the following: a. Beer/Liquor License Applications Class C Screaming Eagle American Bar & Grill, 228 East 4th Street (Renewal) (Expires 4/21/09) (Includes Sunday Sales) b. Outdoor Service Area Application Screaming Eagle American Bar& Grill, 228 East 4th Street ADJOURNMENT Motion-to adjourn. Nancy Eckert City Clerk Council Work Session April 24, 2008 8:00 a.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Discussion of weekly council agenda and informational meeting. Motion—to adjourn. Nancy Eckert City Clerk THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, APRIL 21, 2008 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: Tom Jennings, Police Chief Agenda, as proposed or amended. April 21, 2008 Page 2 Minutes of April 14, 2008, Regular Session, as proposed. Proclamation declaring April 22, 2008 as Women's Equal Pay Day. Proclamation declaring April 27-May 2, 2008 as Days of Remembrance of Victims of the Holocaust. Proclamation declaring the week of May 5, 2008 as Alzheimer's Action and Awareness 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 AP640, a copy of which is on file in the City Clerk's office. 2. Communication from Police Chief transmitting request of Executive Director transmitting request to hold My Waterloo Days on May 29-June 1, 2008, with most activities to be held in and around Lincoln Park and numerous street closings, including People in the Park on May 29 and May 30; the Fireworks on May 30; the Parade, Children's bike races, and 5K run on May 31; and the Lincoln Park Kid's Zone on June 1, 2008. b. Motion to approve the following: 1. Tony McGrane, Fire Lieutenant; and Josh Heller, Firefighter; to attend MSA C.A.R.E. Training in Butler, Wisconsin on April 23-24, 2008, with costs not to exceed $1,163.00, including use of city vehicle. 2. Kye Richter, Police Officer, to attend Firearms Instructor School in Johnston, Iowa on May 19-30, 2008, with costs not to exceed $831.00, including use of city vehicle. 3. Louis Cutwright, Building Official/Maintenance Administrator, to attend National ADA Symposium in St. Louis, Missouri on May 11-14, 2008, with costs not to exceed $1,664.00. 4. Tim Hurley, Mayor, to attend Iowa Great Places Committee and Iowa League of Cities Executive Committee meetings in Des Moines, Iowa on April 16-17, 2008, with costs not to exceed $200.00. April 21, 2008 Page 3 5. Nancy Eckert, City Clerk, to attend Iowa Municipal Professionals Institute in Ames, Iowa on July 23-25, 2008, with costs not to exceed $694.00. 6. Pat Treloar, Fire Captain, to attend training on turnout gear in Montreal, Quebec, Canada on May 4-7, 2008, with costs not to exceed $1,750.00. c. Beer License Permit Application Class C Michoacana Meat Market, 1215 Franklin Street (New) (Expires 4/27/09) (Includes Sunday Sales) CVS/Pharmacy, 2068 Logan Avenue (Renewal) (Expires 5/31/09) (Includes Sunday Sales) CVS/Pharmacy, 2060 Crossroads (Renewal) (Expires 5/31/09) (Includes Sunday Sales) d. Beer/Liquor License Permit Application Class C Hickory House, 315 Park Road (Renewal) (Expires 5/23/09) Diamond Daves Crossroads, 124 Crossroads Boulevard (Renewal) (Expires 5/14/09) (Includes Sunday Sales) Applebee's Neighborhood Grill & Bar, 2780 Crossroads Boulevard (Renewal) (Expires 6/23/09) (Includes Sunday Sales) Jet Lounge, 451-453 W. Parker Street (Renewal) (Expires 4/14/09) (Includes Sunday Sales) e. Liquor License Permit Application Class E CVS/Pharmacy, 2068 Logan Avenue (Renewal) (Expires 5/31/09) (Includes Sunday Sales) CVS/Pharmacy, 2060 Crossroads (Renewal) (Expires 5/31/09) (Includes Sunday Sales) f Wine License Permit Application Class B CVS/Pharmacy, 2068 Logan Avenue (Renewal) (Expires 5/31/09) (Includes Sunday Sales) CVS/Pharmacy, 2060 Crossroads (Renewal) (Expires 5/31/09) (Includes Sunday Sales) g. Liquor License Permit Application Class A Amvets Home, Inc., 32 Lafayette Road (Renewal) (Expires 5/13/09) (Includes Sunday Sales) April 21, 2008 Page 4 h. Outdoor Service Area Application Jet Lounge, 451-453 W. Parker Street Amvets Home, Inc., 32 Lafayette Road i. Cigarette/Tobacco Permit Application La Chiquita Mexican Store, 301 East 4th Street j. Bonds. HEARINGS AND BIDS 2. 2008 Right of Way Mowing. 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, etc. Resolution-to authorize to proceed. Motion-to receive and file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review. HEARINGS 3. FY2009 Waterloo/Cedar Falls HOME Consortium Consolidated Plan - Community Development Block Grant and HOME Program Funds. 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 plan. 4. Violation of Waterloo Code of Ordinances, Sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age—Randy's Tap, 307 West 4th Street. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file or al and written comments. Resolution-to assess $300.00 penalty for said violation. DOCUMENTS 5. 2007 Window Replacement at Waterloo Public Library. Motion-to approve communications from Building Official/Maintenance Administrator transmitting Change Order Number 002 for a net increase in the amount of$960.00 and Change Order Number 003 for a net increase in the amount of$1,653.91 for work performed by Failor Hurley Construction of Hudson, Iowa. '1 April 21, 2008 Page 5 6. Resolution-to approve communication from City Planner transmitting lease agreement with Rousselow Brothers Farms, Inc.for$3,410.00 to farm approximately 31 acres of land generally located north of West Ridgeway Avenue, west of Martin Road, directly adjacent to Denso International. 7. Resolution-to approve communication from Police Chief transmitting service agreement with U.S. Cellular Corporation at a cost of$30 per phone per month. 8. Resolution-to approve communication from City Clerk transmitting service agreement with Sprint/Nextel at a cost of$24.75 per phone per month. 9. Resolution-to approve communication from Associate Engineer transmitting Notice of Intent for NPDES Coverage Under General Renewal of NPDES Permit with Iowa Department of Natural Resources in conjunction with F.Y. 2007 MidPort Boulevard Extension, Contract No. 717. 10. Resolution-to approve communication from Police Chief transmitting agreement with Advanced Computer Engineering Solutions at a cost of$14,878.72 to demonstrate proof of concept of serving applications hosted from the Police Department to users at home as well as patrol cars. 11. Resolution-to approve communication from Director of Waterloo Housing Authority transmitting Real Estate Purchase Agreement with Wiley Young Lodge, III and Alfreda Lodge to purchase three lots on Oneida for a total of$15,000.00 to use to build single-family homes. 12. Resolution-to approve communication from Superintendent of Traffic Operations transmitting application with Iowa Department of Transportation for Traffic Safety Funds grant in the amount of$131,000.00, with no required city match, to be used for US 218/Washington Street and Williston Avenue/West 18th Street. 13. Resolution-to approve communication from Fire Chief transmitting 28E Agreement with City of Elk Run Heights to provide fire and emergency medical response. 14. 2008 Cedar River/Exchange Sports Complex Project. Resolution-to approve communication from Leisure Services Director transmitting Contract in the amount of$30,078.00 with Century Fence Company of Waukesha, Wisconsin. RESOLUTIONS TO BE ADOPTED 15. Resolution-to accept and approve acquisition of property generally located at 123 Argyle Street, as granted by court order pursuant to Section 657A of the Iowa Code. April 21, 2008 Page 6 • 16. Resolution-to accept and approve acquisition of property generally located at 120 Argyle Street, as granted by court order pursuant to Section 657A of the Iowa Code. 17. Resolution-to elect classifications and procedures for proposed bond projects listed in the Requested G.O. Bonds F.Y. 2009 Summary. 18. Resolution-to fix date of hearing as May 5, 2008 on the issuance of not to exceed $4,075,000 General Obligation Bonds for Essential Corporate Purposes to pay costs of acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control, storm water and drainage improvements; construction, reconstruction and repairing of street, sidewalk and intersection improvements; the repair and inspection of bridges; acquisition, construction and installation of storm sewer and sanitary sewer improvements, including lift station and interceptor improvements; acquisition of vehicles and capital equipment for Police, Fire Rescue and Street Departments; rehabilitation and improvement of city parks and acquisition, repair and replacement of park facilities including bikeway development, sports facilities, boating center and tennis court improvements and acquisition of off-road maintenance equipment; acquisition, improvement and installation of traffic control devices, signage,fixtures and equipment, including traffic signal and street light improvements; acquisition and improving of automated GIS/GPS mapping system. 19. Resolution-to fix date of hearing as May 5, 2008 on issuance of not to exceed $3,090,000 General Obligation Bonds for Essential Corporate Purposes to pay cost of aiding in the planning, undertaking and carrying out of urban renewal project activities and Urban Renewal Plans for the San Marnan Urban Renewal Area, the Logan Tax Increment Redevelopment Area, the Rath Tax Increment Redevelopment Area, the Martin Road District, and the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Area, including downtown master plan development, property acquisitions, demolition and clearance for public and private redevelopment, incentive payments relating to acquisition and private redevelopment of properties within such areas; the construction, repair and improvement of East Park Avenue and Commercial Street Parking Ramp facilities; and the repair and renovation of the Public Market buildings. 20. Resolution-to fix date of hearing as May 5, 2008 on issuance of not to exceed $690,000 General Obligation Bonds for General Corporate Purposes to pay costs of reconstruction, renovation and improvement of Riverfront Stadium, Young Arena, the Center For The Arts and Youth Pavilion. April 21, 2008 Page 7 21. Resolution-to fix date of hearing as May 5, 2008 on issuance of not to exceed $600,000 General Obligation Bonds for General Corporate Purposes to pay costs of acquisition of equipment, computer and other technology upgrades, office equipment and vehicles for various city departments, operations and buildings; and reconstruction and improvement of golf courses and acquisition of maintenance equipment for same. 22. Resolution-to fix date of hearing as May 5, 2008 on issuance of not to exceed $585,000 General Obligation Bonds for General Corporate Purposes to pay costs of reconstruction, remodeling, improvement and repairing of various city buildings and facilities, including Five Sullivan Brothers Convention Center, Central Garage, Fire Stations, Public Library and swimming pools. ORDINANCES TO BE ADOPTED 23. An ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa by repealing Section 5-1B-4, Dangerous Dogs Prohibited; and enacting in lieu thereof new Section 5-1B-4, Dangerous Dogs Prohibited; amending Subsection (B), Registration Requirement and Penalty for Failure to Register, and Subsection (L), Dangerous Dog Finding, of Section 5-1B-7, Registration of Potentially Dangerous Dogs; and adding new Subsection (M), Dog Found Dangerous By Another Jurisdiction and new Subsection (N), Appeal Procedure, of Section 5-1B-7, Registration of Potentially Dangerous Dogs (adding administrative penalty and increased registration fee for failure to register or appeal, provisions for failure to appeal and a dog found dangerous in another jurisdiction automatically deemed dangerous in Waterloo). 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. 24. An ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa by repealing Section 7-5B-5, Notice to Property Owners and enacting in lieu thereof new Section 7-5B-5, Notice to Property Owners; repealing Section 7-5B-6, Payment, Assessment of Costs, and enacting in lieu thereof new Section 7-5B-6, Payment, Assessment of Costs, Appeal(assessing $100 administrative fee for more than one notice per calendar year, administrative fee of$100 for second abatement and $300 administrative fee for each and every subsequent abatement). 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. April 21, 2008 Page 8 25 An ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa by repealing Section 5-1-2, Swine Prohibited; Exceptions, and enacting in lieu thereof new Section 5-1-2, Swine Prohibited, Exceptions (allowing two potbellied pigs at a residence). Motion-to receive, file, consider and pass for the first time. Motion-to suspend the rules. Motion-to consider and pass for the second and third times and adopt ordinance. NEW BUSINESS 26 2008 Riverfront Stadium Kitchen Hood and Exhaust Fan Renovation. Motion-to instruct Leisure Services Director to prepare plans, specifications,form of contract, etc. Motion-to receive and file plans, specifications, form of contract, etc. Resolution-to preliminarily approve plans, specifications,form of contract, etc. Resolution-to instruct City Clerk to publish notice of plans, specifications,form of contract, etc. and taking of bids. Set date of hearing as May 12, 2008. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, April 21, 2008 4:35 p.m. - Building and Grounds Committee, Council Chambers 4:40 p.m. - Public Works Committee, Council Chambers 4:45 p.m. - Finance Committee, Council Chambers 5:00 p.m. - Ordinance Committee, Council Chambers PUBLIC INFORMATION 1. Waterloo Board of Adjustment minutes of February 26, 2008 on file in the City Clerk's office. 2. Waterloo Leisure Services Commission minutes of March 11, 2008 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. U.S. Highway 63 Initial Design Phase, NHSX-63-6(69)-3H-07. Pay estimate No. 23 to Earth Tech in the total amount due of$35,590.45. . April 21, 2008 Page 9 2. FY 2008 Big Rock Rd Bridge Replacement with Box Culverts, Contract No. 739. Pay estimate No. 1 to Earth Tech in the total amount due of$10,779.77. ORDINANCE COMMITTEE April 21, 2008 5:00 p.m. Council Chambers Roll Call: Members: Chairperson Mayor Pro Tem All Council Members Approval of Agenda, as proposed. 1. Review of proposed changes to Section 5-1B-4, Dangerous Dogs Prohibited; Section 5- 1B-7, Registration of Potentially Dangerous Dogs; Section 7-5B-5, Notice to Property Owners; Section 7-5B-6, Payment, Assessment of Costs, Appeal; and 5-1-2, Swine Prohibited: Exceptions, of the 2007 Waterloo Code of Ordinances. ADJOURNMENT Nancy Eckert City Clerk Council Work Session April 17, 2008 8:00 a.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Discussion of weekly council agenda and informational meeting. Motion—to adjourn. Nancy Eckert City Clerk THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, APRIL 14, 2008 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 fora 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: Noel Anderson, Community Planning & Development Director. Agenda, as proposed or amended. April 14, 2008 ""- \-. Page 2 N Minutes of April 7, 2008, Regular Session, as proposed. Proclamation declaring April 20-26, 2008 as Arbor Week. Proclamation declaring April 2008 as Fair Housing Month. 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 AP640, a copy of which is on file in the City Clerk's office. 2. Communication from City Engineer transmitting request of Derrick Reedy for a waiver for a concrete driveway to be located at 3155 Mulberry Street, together with recommendation of approval. 3. Communication from City Engineer transmitting request of Roger R. Ormord for a waiver for a concrete driveway to be located at 2144 Westview Avenue, together with recommendation of approval. 4. Communication from City Clerk transmitting request of Leisure Services Department for a exception to burning yard waste to burn approximately three acres of prairie grass located in the Katoski Greenbelt, north of the shelter on Ridgeway Avenue between April 22 and 24, 2008, together with recommendation of approval of Fire Chief 5. Communication from Police Chief transmitting request of Cool 105.7 Radio to hold 4th Street Cruise on May 24, 2008 from 12:00 Noon to 4:00 p.m. with cars from the East side traveling from Mulberry Street across the river on Fourth Street to Bluff Street to Park Avenue to Mulberry Street, cars from the West side traveling from Bluff Street across the river on Fourth Street to Mulberry Street to Fifth Street to Bluff Street, together with request to block 700 block of Mulberry and barricades at intersections. b. Motion-to approve the following: 1. Jim Noss, Police Officer, to attend Glock Armorer's Course in Des Moines, Iowa on May 20, 2008, with costs not to exceed $150.00, including use of city vehicle. 2. Rita Bollans, Administrative Secretary, to attend Excel Basics and Beyond the Basics Seminar in Cedar Falls, Iowa on May 12-13, 2008, with costs not to exceed $128.00. April 14, 2008 Page 3 3. Wendy Drinovsky, Police Information Systems Manager; and Ruther Muller, Records Clerk; to attend Shielf Spring Training Conference in Johnston, Iowa on April 29-May 1, 2008, with costs not to exceed $474.00, including use of city vehicle. 4. Nathan Watson, Matthew Miller, Tamara Babb, Michael Girsch and Vaska Tosic, Police Officers, to attend ILEA Basic Training Police Academy in Johnston, Iowa on April 13-July 18, 2008, with costs not to exceed $25,675.00, including use of city vehicle. c. Beer License Permit Application Class B Waterloo Softball Association, corner of Burton Avenue & Josephine, (Renewal) (4/18/08 - 10/18/08) (Includes Sunday Sales) d. Beer License Permit Application Class C Kwik Stop, 4335 Texas Street (Renewal) (Expires 4/30/09) (Includes Sunday Sales) e. Beer/Liquor License Permit Application Class C Half Pint Saloon, 1831 Independence Avenue (Expires 4/18/09) (Includes Sunday Sales) Edo's Sports Bar, 110 E. 11th Street (Renewal) (Expires 5/7/09) (Includes Sunday Sales) f. Outdoor Service Area Application Waterloo Softball Association, corner of Burton Avenue & Josephine Half Pint Saloon, 1831 Independence Avenue g. Bonds. HEARINGS AND BIDS 2. F.Y. 2008 Public Market Building, Contract No. 738. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to confirm approval of plans, specifications, form of contract, etc. Resolution-to order construction. Motion-to receive and file and instruct City Clerk to open and read bids and refer to City Engineer for review. April 14, 2008 Page 4 DOCUMENTS 3. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting Professional Services Agreement with Earth Tech at a cost of$126,000.00 in conjunction with Commercial Street Parking Garage Repairs. 4. Resolution-to approve communication from Police Chief transmitting agreement with PBI-Tech, LLC to locate a relay antenna on property known as The Bridges, 214 Washington Street. 5. Resolution-to approve communication from Assistant City Attorney transmitting Acknowledgment/Settlement Agreement in the amount of$300.00 with Kimball Avenue Drug, 2104 Kimball Avenue, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. 6. Resolution-to approve communication from City Planner transmitting request of Richard and Patricia Billington for tax exemptions on improvements totaling $62,086.00 for property located at 1730 Butler Avenue located in the Consolidated Urban Revitalization Area, together with recommendation of approval. 7. Resolution-to approve communication from Chief Financial Officer transmitting agreement with Berens-Tate Consulting Group at a cost not to exceed $4,000.00 to complete arbitrage rebate calculations for General Obligation Bonds issued in 2003. 8. Resolution-to approve communication from Superintendent of Waste Management Services transmitting application with Iowa Department of Natural Resources for the expansion of the ConAgra/City Flow Equalization and Pretreatment Facility. RESOLUTIONS TO BE ADOPTED 9. Resolution-to rename a portion of existing public street Bishop Avenue located between MLK Jr. Drive and Independence Avenue as Northeast Drive. 10. Resolution-to approve communication from City Planner transmitting request to dedicate the west 7 feet of property generally located at 4707 Hoff Road for utility easement purposes. 11. Resolution-to change the time for the regular council meeting of Monday, April 28, 2008 to 4:00 p.m., with the council adjourning to 5:30 p.m. for the annexation and rezoning hearings for Elk Run Energy Associates, LLC. NEW BUSINESS 12. Resolution-to approve communication from Superintendent of Streets transmitting request for authorization to be included with Iowa Department of Transportation's bid letting for rock salt for fiscal year 2009. April 14, 2008 Page 5 ORAL PRESENTATIONS Motion-to receive and file oral comments. Motion-to adjourn to Executive Session. EXECUTIVE SESSION 1. Discussion of strategy in matters in litigation pursuant to Iowa Code Section 21.5(1)(c)(2007). Motion-to adjourn Executive Session. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, April 14, 2008 4:50 p.m. -Building & Grounds Committee, Council Chambers 4:55 p.m. - Human Resources Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Black Hawk County Criminal Justice Information System Board of Directors minutes of February 6 and March 5, 2008 on file in the City Clerk's office. 2. Consolidated Public Safety Communications Center Board minutes of February 6, 2008 on file on the City Clerk's office. 3. Black Hawk County 911 Service Board minutes of February 6 and March 5, 2008 on file in the City Clerk's office. 4. Communication from Library Director transmitting layoff of Susan Pearson, Librarian I, effective March 21, 2008, together with recommendation of payment of $2,657.50 for unused vacation pay. 5. Communication from Police Chief transmitting retirement of Carroll Kienol, Police Lieutenant, effective March 31, 2008, together with recommendation of payment of $23,800.36 for unused vacation pay and sick time. \-- L Page 6 April 14, 2008 CONTRACT PAYMENT SCHEDULE 1. Demolition of Former Chamberlain Manufacturing Property, Contract No. 741. Pay estimate No. 2 to D.W. Zinser Co., Inc. in the total amount due of$122,382.99. 2. Cedar Valley Riverfront Renaissance Waterloo Vision Iowa Projects Riverfront Loop/Cedar River Dam/Cedar River Plaza and Amphitheatre, Phase II. Pay estimate No. 34 to Earth Tech in the total amount due of$32,008.35. 3. Waterloo Dam Rehabilitation & River Walk Reconstruction, Contract No. 713. Pay estimate No. 10 to Earth Tech in the total amount due of$11,791.48. 4. F.Y. 2008 Public Market Building, Contract No. 738. Pay estimate No. 7 to Craig Ritland Landscape Architect in the total amount due of $1,020.00. 5. F.Y. 2007 Riverloop Expo Plaza, Phase 1, Contract No. 721. Pay estimate No. 6 to Craig Ritland Landscape Architect in the total amount due of $2,387.50. 6. RiverWalk Loop Trail E. 6th to 18th Street, Contract No. 696. Pay estimate No. 16 to Peterson Contractors Inc. in the total amount due of $1,455.00. Council Work Session April 10, 2008 8:00 a.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Discussion of weekly council agenda and informational meeting. Motion—to adjourn. Nancy Eckert City Clerk THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, APRIL 7, 2008 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: Eric Thorson, City Engineer. Agenda, as proposed or amended. April 7, 2008 Page 2 Minutes of March 24, 2008, Regular Session, as proposed. Proclamation declaring April 6-12, 2008 on Square and Round Dance Week. Swearing-in of the following Police Officers: Nathan Watson, Matthew Miller, Mark Nissen, Tammera Babb, Michael Girsch, and Vaska Tosic. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Resolution-to approve Bills Payment, Schedule AP640, a copy of which is on file in the City Clerk's office. 2. Communication from Police Chief transmitting request of Waterloo Memorial Day Board to hold annual Memorial Day Parade on May 26, 2008, starting at 10:30 a.m. on 6th & Commercial to Park Avenue, right to Mulberry Street, right to 5th Street and right to Commercial Street. 3. Communication from City Clerk transmitting request of the Nature Center Director for an exception to burning yard waste to burn approximately 26.3 acres of prairie grass located within the Hartman Reserve Nature Center during the time period of March-May 2008 and October-December 2008, together with recommendation of approval of Fire Chief 4. Communication from City Clerk transmitting request of McKinstry Elementary School for an exception to burning yard waste located at the southeast corner of the athletic field during the week of April 21, 2008, together with recommendation of Fire Chief. 5. Communication from City Clerk transmitting request of Waterloo Commission on Human Rights for a variance to the Noise Ordinance on June 20, 2008 between 1:00 p.m. and 7:00 p.m. in conjunction with the Summer Harmony Day 3 event to be held at Lincoln Park, including PA system and music, together with recommendation of approval of Police Chief 6. Communication from City Clerk transmitting request of Waterloo Jaycees for a variance to the Noise Ordinance on July 5, 2008 from 10:00 to 10:30 p.m. in conjunction with Jaycees Fireworks Festival, together with recommendation of approval of Police Chief • April 7, 2008 Page 3 7. Communication from Assistant City Engineer transmitting request for a temporary variance to the truck embargo on Rainbow Drive between Greenhill Road and Northland Drive from April 7-July 15, 2008 to allow Northland Products, Inc. and customers to use this portion of Rainbow Drive during reconstruction of Rainbow Drive. b. Motion to approve the following: 1. Michelle Boswell, Administrative Secretary, to attend Excel Basics and Beyond the Basics Seminars in Cedar Falls, Iowa on May 12 and May 13, 2008, with costs not to exceed $128.00, including use of city vehicle. 2. Bill Bachman, Assistant Director; and Todd Derifield, City Forester; to attend Iowa Park and Recreation Association Spring Conference in Council Bluffs, Iowa on March 31 April 2, 2008, with costs not to exceed $565.00, including use of city vehicle. c. Beer License Permit Application Class B All Golf Center, 1850 West Ridgeway Avenue (Renewal) (Expires 4/15/09) (Includes Sunday Sales) d. Beer License Permit Application Class C El Mercadito, 520 LaPorte Road (Renewal) (Expires 5/21/09) (Includes Sunday Sales) DELETE - Five Star Snacks & Liquor, 437 Sullivan (New) (Expires 3/25/09) (Includes Sunday Sales) e. Beer/Liquor License Permit Application Class C A.J.'s Eatery & Spirits, 1415 E. San Marnan Drive (Renewal) (Expires 4/21/09) (Includes Sunday Sales) J's R & B Lounge, 501 Independence Avenue (Renewal) (Expires 4/6/09) (Includes Sunday Sales) DELETE - Edo's Sports Bar, 110 East 11 th Street (Renewal) (Expires 5/7/09) (Includes Sunday Sales) f. Liquor License Permit Application Class A The Sunnyside Country Club, 1600 Olympic Drive (Renewal) (Expires 4/13/09) (Includes Sunday Sales) April 7, 2008 Page 4 g. Liquor License Permit Application Class E DELETE - Five Star Snacks & Liquor, 437 Sullivan (New) (Expires 3/25/09) (Includes Sunday Sales) h. Wine License Permit Application Class B DELETE - Five Star Snacks & Liquor, 437 Sullivan (New) (Expires 3/25/09) (Includes Sunday Sales) i. Outdoor Service Area Application All Golf Center, 1850 West Ridgeway Avenue The Sunnyside Country Club, 1600 Olympic Drive j. Fireworks Display Application VGM Group, 1111 W. San Marnan Drive on June 9, 2008 Suresh Reddy, 1873 Crabapple Lane on May 17, 2008 k. Cigarette/Tobacco Permit Application Five Star Snacks & Liquor, 437 Sullivan Avenue 1. Bonds. m. Blasting Permit Application John Deere Waterloo Works for demolition of abandoned powerhouse located at 400 Westfield Avenue. HEARINGS 2. Rezone from "A-1"Agricultural District to "M-1"Light Industrial District property generally located on the west side of Bishop Avenue between Independence Avenue and MLK Jr. Drive to allow for the establishment of a portable ready mix concrete plant—Benton's Ready Mix Concrete. 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. • • April 7, 2008 Page 5 3. Violation of Waterloo Code of Ordinances, Sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age—Casey's 218 Pub, Inc., 4014 University Avenue. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file or al and written comments. Resolution-to assess $300.00 penalty for said violation. 4. Violation of Waterloo Code of Ordinances, Sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age Harris One Stop, 220 West Parker. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file or al and written comments. Resolution-to assess $300.00 penalty for said violation. DELETE 5. Violation of Waterloo Code of Ordinances, Sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age—Randy's Tap, 307 West 4th Street. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file or al and written comments. Resolution-to assess $300.00 penalty for said violation. UNFINISHED BUSINESS 6. 2008 Cedar River/Exchange Sports Complex Fencing Project. Resolution-to approve communication from Leisure Services Director transmitting recommendation of award of contract in the amount of$30,078.00 to Century Fence Company of Waukesha, Wisconsin. 7. Roof Replacement for Filter Building at Waste Water Treatment Plant. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $117,439.00 to Service Roofing Co. of Waterloo, Iowa. PETITIONS FROM PUBLIC 8. Resolution-to approve communication from City Planner transmitting request of Rosalie Fischels to sell and convey a portion of a vacated alley generally located adjacent to 432 James Street. Set date of hearing as April 28, 2008. 9. Resolution-to approve communication from City Planner transmitting request of Elk Run Energy Associates, LLC, on behalf of the property owners,for voluntary annexation of approximately 347.61 acres generally located along Merle Road, north of Newell Street, 3/4 mile east of N. Elk Run Road for the purpose of constructing a 750-megawatt coal-fired electric generation facility, together with recommendation of approval of Planning, Programming and Zoning Commission. AMEND - Set date of hearing as April 28, 2008. April 7, 2008 Page 6 10. Resolution-to approve communication from City Planner transmitting request of Elk Run Energy Associates, LLC, on behalf of the property owners, to rezone from "A- 1"Agricultural District to "M-2,P"Planned Industrial District approximately 260.36 acres generally located along Merle Road, north of Newell Street, 3/4 mile east of N. Elk Run Road for the purpose of constructing a 750-megawatt coal-fired electric generation facility, together with recommendation of approval of Planning, AMEND _ Programming and Zoning Commission. Set date of hearing as April 28, 2008. DOCUMENTS 11. Resolution-to approve communication from Police Chief transmitting Equipment Credit Agreement with RCSystems, Inc.for$5,800.00 credit to be used to purchase electronic relay and/or surveillance equipment. 12. Resolution-to approve communication from City Planner transmitting Encroachment Agreement with Ron and Cora Turner to allow two sections of a reconstructed split rail fence at 616 Newell Street to encroach seven feet into the right-of-way of Newell Street. 13. Resolution-to approve communication from Community Planning and Development Director transmitting Development Agreement with Empire Enterprises LLC for construction of a 15,000 square foot building addition at their current facility located at 2729 Wagner Road,just north of Broadway Street, with a new taxable value of$388,000.00, and tax rebatements for five years at 50 percent. 14. Resolution-to approve communication from Community Planning and Development Director transmitting agreement with Richard F. Warren & Associates at a cost of $30,000.00 to prepare an application to the federal Office of Community Services Program grant in the amount of$700,000.00 for economic redevelopment in the Logan/Donald Street retail area. 15. Resolution-to approve communication from Community Planning and Development Director transmitting agreement with Wendell Lupkes to lease approximately 19 acres of land generally located north of West Shaulis Road, between Southland Addition and Prescotts Creek for $100.00 to use for baling purposes. 16. Resolution-to approve communication from Fire Chief transmitting 28E Agreement with East Waterloo Township to provide fire and ambulance services. 17. Resolution-to approve communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Flynn Company, Inc. of Dubuque, Iowa at a total cost of$3,005,419.51 in conjunction with F.Y. 2006 U.S. 20/Ansborough Avenue Interchange Project, Contract No. 667. April 7, 2008 Page 7 18. Resolution-to approve communication from Mayor Tim Hurley transmitting agreement with University of Northern Iowa in support of Cedar Valley MyEntreNet funding at a cost of$35,000.00 per year for two years starting July 1, 2008. 19. Resolution-to approve communication from City Engineer transmitting agreement with Craig Ritland Landscape Architects for design and construction related services at a maximum cost of$14,800.00 in conjunction with F.Y. 2008 E. 4th Street Reconstruction and Streetscape Improvements, Contract No. 742. 20. 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 pull behind mower at a cost of$3,000.00. 21. Resolution-to approve communication from Mayor Hurley transmitting Memorandum of Understanding with the International Association of Firefighters Local No. 66 as it relates to sick leave credit, accumulation, annual distribution and accounting. 22. Resolution-to approve communication from Senior Planner transmitting request for a variance to the requirements of the Subdivision Ordinance in Section 2.3(1)Final Plat Submittal for Preliminary and Final Plat of Greenbelt Centre No. 2. 23. Preliminary Plat of Greenbelt Centre No. 2. Resolution-to approve preliminary plat and necessary documents. 24. Final Plat of Greenbelt Centre No. 2. Resolution-to approve final plat and necessary documents. 25. Resolution-to approve communication from Community Planning and Development Director transmitting Easement Modification Agreement with Deere & Company and the Cedar Valley Tech Works, Inc. to shorten the no build/utility easement No. 1 so the easement does not go over the new road construction in conjunction with the redevelopment of the former Deere & Company site. 26. Roof Replacement for Filter Building at Waste Water Treatment Plant. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting Contracts and Bonds in the amount of$117,439.00 with Service Roofing Co. of Waterloo, Iowa. RESOLUTIONS TO BE ADOPTED 27. Resolution-to approve communication from Community Planning and Development Director transmitting request for authorization to make payment in the amount of $37,729.72 and up to $10,000.00 incidental closing costs to Metropolitan Transit Authority for repayment of FTA grant for landscaping and pavement at the corner of West Mullan Avenue and Commercial Street. , • April 7, 2008 Page 8 28. Resolution-to approve communication from Superintendent of Traffic Operations transmitting request to place temporary yield signs on Lyon Street at Cornwall Avenue due to reconstruction on Hammond Avenue. 29. Resolution-to approve communication from City Clerk transmitting request to cancel assessments in the amount of$655.00 for fire life safety inspection fees for 426 and 404 Beech Street. NEW BUSINESS 30. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$710.70 for work performed by the Water Works at 225 Linden Avenue, together with recommendation of approval of Waterloo Water Works Board of Trustees. 31. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$710.70 for work performed by the Water Works at 120 Rhey Street, together with recommendation of approval of Waterloo Water Works Board of Trustees. 32. East Park Avenue Parking Garage, Phase II, Divisions I and II. 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 April 28, 2008. 33. 2008 Right of Way Mowing. Motion-to instruct Leisure Services Director 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 specifications, bid document, etc. and taking of bids. Set date of hearing as April 21, 2008. 34. F.Y. 2008 Sidewalk Repair Program -Zone 8 and Trail Repairs, Contract No. 740. Motion-to instruct City Engineer 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 April 28, 2008. April 7, 2008 Page 9 35. Resolution-to approve communication from Community Development Director transmitting proposed funding recommendations for the FY2009 Waterloo/Cedar Falls HOME Consortium Consolidated Plan - Community Development Block Grant and HOME Program Funds. Set date of hearing as April 21, 2008. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, April 7, 2008 4:25 p.m. -Public Safety Committee, Council Chambers 4:30 p.m. -Human Resources Committee, Council Chambers 4:35 p.m. - Building and Grounds Committee, Council Chambers 4:40 p.m. - Public Works Committee, Council Chambers 4:45 p.m. -Finance Committee, Council Chambers 5:00 p.m. - Council Work Session, Council Chambers PUBLIC INFORMATION 1. Communication from Police Chief transmitting appointment of Nathan Watson, Matthew Miller, Mark Nissen, Tammera Babb, Michael Girsch, and Vaska Tosic to the position of Police Officer, effective March 31, 2008. 2. Communication from Director of Cultural & Arts Commission transmitting resignation of Chad Allen, Public Program Coordinator, effective March 7, 2008, together with recommendation of payment of$993.75 for unused vacation time. 3. Communication from Police Chief transmitting payment of$1,096.00 to R. Bruce Arends, Police Captain,for unused sick time. 4. Waterloo Regional Airport Board minutes of January 23, 2008 on file in the City Clerk's office. 5. Planning, Programming and Zoning Commission minutes of February 5, 2008 on file in the City Clerk's office. 6. Waterloo Convention & Visitors Bureau Board minutes of February 19, 2008 on file in the City Clerk's office. April 7, 2008 Page 10 7. Community Development Board minutes of February 19, 2008 and Public Hearing minutes of February 19, 2008 on file in the City Clerk's office. 8. Board of Waterloo Water Works Trustees minutes of March 19, 2008 on file in the City Clerk's office. 9. Memorial Hall Commission minutes of February 27, 2008 on file in the City Clerk's office. 10. Communication from Community Planning & Development Director transmitting retirement of Don Temeyer, Community Planning & Development Director, effective March 31, 2008, together with recommendation of payment of$41,276.95 for unused sick time and vacation pay. CONTRACT PAYMENT SCHEDULE 1. Riverwalk Loop Trail Cedar Bend to Mullan Avenue, Contract No. 714. Pay estimate No. 13 to Cedar Valley Corporation in the total amount due of $3,019.61. 2. 07 Riverloop Exposition Plaza Phase 1, Div. 2, Contract No. 721. Pay estimate No. 6 to Cunningham Concrete in the total amount due of$12,397.50. 3. Odor Control and HVAC Replacement at Water Pollution Control Facilities, Contract No. 653. Pay estimate No. 14 to EBSCO in the total amount due of$28,161.08. 4. West Shaulis Road Extension. Pay estimate No. 3 to Kirkham Michael & Associates in the total amount due of $5,614.28. 5. Demolition Project, 149-D/AR-GO-08-06-07. Pay estimate No. 1 to Lehman Trucking & Excavating in the total amount due of $3,129.00. 6. Waterloo Dam Rehabilitation and Riverwall Reconstruction, Contract No. 713. Pay estimate No. 23 to Peterson Contractors, Inc. in the total amount due of $37,704.07. Council Work Session April 7, 2008 5:00—5:20 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Discussion of phased-in plan to staff police department crime lab with civilian personnel—Mayor Hurley. Adjourn. Nancy Eckert City Clerk Council Work Session April 3, 2008 8:00 a.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Discussion of weekly council agenda and informational meeting. Motion—to adjourn. Nancy Eckert City Clerk