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HomeMy WebLinkAbout03.March 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, MARCH 24, 2008 CITY OF WATERLOO GOALS 1. Support ein a°diverse economic base and increaseic development efforts that population., retain and create quality jobs resulting 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 Ray 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. ay be ed the Mayor's 3. The "o Although not requed by city code section ofof the inances, oral presentations agendais your opportunity tto addressuitems not on the agenda.discretion.A The "oral presentations" speaker may speak maximumr a e (3) s. on thatl n al action cannot be time, but maybe placed on a future eagenda norereferredtto the appropriate taken by the Councilit at 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. fice nday of the day of e City 6. Council aree encouraged troregister he Citythe Clerk's Counciil (may also alsobegiste by phone).y 5:00 p.m. on Registered speakershwill be Council meeting to appearbefore given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Don Temeyer, Community Planning & Development Director. Agenda, as proposed or amended. March 24, 2008 Page 2 . Minutes of March 17, 2008, Regular Session, as proposed. Proclamation declaring April 3, 2008 as Frank Gotch Day. Proclamation declaring March 24-30, 2008 as National Community Development Week. Swearing-in of the following firefighters: Garrett Gingrich, Steven Spalla, Samuel Hess, Ian Wass. 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 Clerk transmitting request of Bruce Stiles for an exception to burning yard waste to burn approximately 3 acres of prairie grass located on Big Rock Road, % mile west of Highway 63 during the time period of April 17 and May 17, 2008, together with recommendation of approval of Fire Chief 3. Communication from Police Chief transmitting request of Waterloo Jaycees to hold Jaycees Fireworks Festival on July 5, 2008 from 6:00 p.m. to Midnight, including live bands,food and beverage vendors, beer gardens and fireworks, and located on the 4th Street Bridge area, Veterans Memorial Park, Soldiers and Sailors Park, lot along 4th Street next to the Courier building and the Sixth Street Bridge. b. Motion to approve the following: 1. Chuck Carpenter, Chief Electrical Inspector, to attend 70th Annual Educational Meeting of the International Association of Electrical Inspectors in Waterloo, Iowa on April 9-11, 2008, with costs not to exceed $170.00, including use of city vehicle. 2. Communication from Director of Cultural and Arts Commission transmitting recommendation of appointment of Johanna Kramer-Westin to the position of Public Program Coordinator, effective March 25, 2008. c. Beer License Permit Application Class B South Hills Golf Course, 1830 E. Shaulis Road (Renewal) (Expires 3/31/09) (Includes Sunday Sales) • March 24, 2008 Page 3 d. Beer License Permit Application Class C Cork's Grocery, 1956 Lafayette Street (Renewal) (Expires 4/30/09) (Includes Sunday Sales) e. Beer/Liquor License Permit Application Class C Legends, 2122 Kimball Avenue (Renewal) (Expires 3/27/09) (Includes Sunday Sales) CU and the Cellar, 320 E. 4th Street (Renewal) (Expires 3/17/09) (Includes Sunday Sales) f. Outdoor Service Area Application South Hills Golf Course, 1830 E. Shaulis Road CU and the Cellar, 320 E. 4th Street g. Cigarette/Tobacco Permit Application AMEND Tiny's Bargain Corner, 500 Sycamore Street HEARINGS AND BIDS 2. 2007 Cedar River/Exchange Sports Complex Fencing Project. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to confirm approval of plans, specifications,form of contract, etc. Resolution-to order construction Motion-to receive and file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review. 3. Roof Replacement for Filter Building At Waste Water Treatment Plant. 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 Building Official/Maintenance Administrator for review. UNFINISHED BUSINESS 4. Purchase of Two 4-Wheel Drive Pickup Trucks. Resolution-to approve communication from Superintendent of Central Garage transmitting recommendation of award of contract in the amount of$52,190.00 to Community Motors of Cedar Falls, Iowa. March 24, 2008 �.. �.' Page 4 5. Purchase of One 4-Wheel Drive Truck and Service Body. Resolution-to approve communication from Superintendent of Central Garage AMEND - transmitting recommendation of award of contract in the amount of$33,668.00 to Witham Auto Center of Waterloo, Iowa. REPORTS 6. Resolution-to approve communication from Mayor Hurley transmitting changes to Comp Time Policy for non-exempt, non-bargaining employees as it relates to payout of comp time upon promotion and submission of over time hours to payroll. 7. Resolution-to approve communication from Mayor Hurley transmitting amendment to sick leave policy for non-bargaining employees. DOCUMENTS 8. Resolution-to approve communication from Leisure Services Director transmitting application to Black Hawk Gaming for a grant in the amount of$75,000.00 for improvements to Hoeing-Rice Softball Complex. 9 Resolution-to approve communication from Leisure Services Director transmitting application to Black Hawk Gaming for grants in the amount of$250,000.00 for Mark's Park and $480,000.00 for an amphitheatre on the Cedar River. 10. Resolution-to approve communication from Leisure Services Director transmitting application to the Community Foundation of Northeast Iowa for a grant in the amount of$10,000.00 for the T-Ball field project at the Cedar River Youth Sports Complex at Exchange Park. 11. Resolution-to approve communication from Leisure Services Director transmitting application to the Minnesota Twins "Fields For Kids"program for grant in the amount of$5,000.00 for T-Ball field project at the Cedar River Youth Sports Complex at Exchange Park. 12. Resolution-to approve communication from Mayor Hurley transmitting applications to Black Hawk Gaming for grants in the amount of$19,900.00 for Shaulis Road Recreation Area Traffic Safety Enhancement and $160,000.00 for Cedar Valley Traffic Safety Education Program. 13. Resolution-to approve communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of$300.00 with The Isle Casino, 777 Isle of Capri Blvd.,for selling tobacco, tobacco products or cigarettes to person under 18 years of age. March 24, 2008 Page 5 14. Resolution-to approve communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of$300.00 with Walgreen's, 3910 University Avenue,for selling tobacco, tobacco products or cigarettes to person under 18 years of age. 15. Resolution-to approve communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of$300.00 with Diamond Bar, 313 West 5th Street,for selling tobacco, tobacco products or cigarettes to persons under 18 years of age. 16. Resolution-to approve communication from Police Chief transmitting agreement with Silver Eagle Harley-Davidson/Buell for lease of two police motorcycles at a cost of $125.00 per month per bike. 17. Resolution-to approve communication from Police Chief transmitting application with the Governor's Office of Drug Control Policy for FFY 2008 Justice Assistance Grant in the amount of$652,703.00 for funding of the Tri-County Drug Enforcement Task Force for city portion of$360,657.00, with required 25 percent city match of$90,164.00. 18. Resolution-to approve communication from Community Planning and Development Director transmitting Consulting Service Agreement with AHTS Architects of Waterloo, Iowa for design services, at a cost not to exceed $42,500.00, in conjunction with redevelopment of Lafayette Park. 19. Resolution-to approve communication from Fire Chief transmitting application with U.S. Department of Homeland Security, Federal Emergency Management Agency, for a 2008 Assistance to Firefighters Grant in the amount of$75,000.00, with 20 percent matching funds, to be used to purchase eight thermal imagers. 20. Resolution-to approve communication from Superintendent of Waste Management Services transmitting Treatment and Flow Control Agreement with ConAgra Foods- Packaged Foods, LLC. 21. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting amendment to 800 MHz Frequency Reconfiguration Agreement with Nextel. 22. Resolution-to approve communication from Leisure Services Director transmitting agreement with Black Hawk County Gaming Association for grant#1065 in the amount of$190,000.00 for field improvements at Riverfront Baseball Stadium. 23. F.Y. 2007 CMC Parcel 2 Cleanup Project, Contract No. 725. Motion-to approve communication from City Planner transmitting Change Order No. 2 in the net amount of$50,000.00 for work to be performed by Howard R. Green Company of Cedar Rapids, Iowa. March 24, 2008 . Page 6 24. Former Chamberlain Manufacturing Brownfields Assessment Project. Motion-to approve communication from City Planner transmitting Change Order No. 4 in the net amount of$3,900.00 for work to be performed by Howard R. Green Company of Cedar Rapids, Iowa. ADD - 24a. Resolution-to approve communication from Fire Chief transmitting application with Black Hawk County Gaming for a grant in the amount of$185,000.00 to be used to purchase a new ambulance for Waterloo Fire Rescue. RESOLUTIONS TO BE ADOPTED 25. Resolution-to designate National Community Development Week of March 24-30, 2008 to commemorate the Community Development Block Grant Program in the City of Waterloo, Iowa. ORDINANCES TO BE ADOPTED 26. Vacation of the alleys generally located between W. 3rd Street and W. Park Avenue and between Commercial Street and Washington Street for the development of the Waterloo Riverloop Expo. Motion-to receive,file, consider and pass for the second time Motion-to suspend the rules. Motion-to consider and pass for the third time and adopt ordinance. 27. Logan Avenue Urban Renewal and Redevelopment Plan Amendment No. 1 to include the area along U.S. 63 from Donald Street to the Cedar River. Motion-to receive,file, consider and pass for the second time Motion-to suspend the rules. Motion-to consider and pass for the third time and adopt ordinance. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, March 24, 2008 4:15 p.m. - Finance Committee, Council Chambers 4:30 p.m. - Council Work Session, Council Chambers 5:00 p.m. - Council Work Session, Council Chambers • March 24, 2008 Page 7 PUBLIC INFORMATION 1. Waterloo Housing Authority minutes of January 17, 2008 on file in the City Clerk's office. 2. Civil Service Commission minutes of January 23, 2008 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. F.Y. 2007 CMC Parcel 2 Cleanup Project, Contract No. 725. Pay retainage release to Environmark Corporation in the total amount due of $19,570.28. 2. 08 Permanent Closure of RR Crossing Over Black Hawk Creek, Contract No. 728. Pay estimate No. 7 to VJ Engineering in the total amount due of$1,835.00. Council Work Session March 24, 2008 5:00 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Presentation on the upcoming digital TV transition. Adjourn. Nancy Eckert City Clerk Council Work Session March 24, 2008 4:30—5:00 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Update on the proposed traffic improvement project at the intersection of Hammond Avenue and Ridgeway Avenue—Superintendent of Traffic Operations. Adjourn. Nancy Eckert City Clerk Council Work Session March 20, 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, MARCH 17, 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: Rudy Jones, Community Development Director. Agenda, as proposed or amended. March 17, 2008 Page 2 Minutes of March 10, 2008, Regular Session, as proposed. Presentation of check in the amount of$20,000.00 from MidAmerican Energy for the Trees Please! Program. 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 Clerk transmitting request of Grace Reformed Church, 520 Maxwell Street,for a variance to the Noise Ordinance on June 15 and August 10, 2008 form 8:00 a.m. - 2:00 p.m. in conjunction with an outdoor neighborhood-wide worship service and picnic at Galloway Park, together with recommendation of Police Chief. b. Motion to approve the following: 1. Communication from Mayor Hurley transmitting recommendation of appointment of Bonetta Culp to the Civil Service Commission, with term expiration date of April 1, 2012. 2. Communication from Mayor Hurley transmitting recommendation of appointment of Noel Anderson to the position of Community Planning and Development Director, effective March 31, 2008. 3. Communication fromMa or Hurley transmitting recommendation of Community Planning and Development Director to appoint Aric Schroeder to the position of City Planner, effective March 31, 2008. 4. Maureen Newbill, Visitor Services Manager, to travel to Marion, Iowa City and Kalona, Iowa and Kansas City, Missouri on March 13-15, 2008, with costs not to exceed $240.00, including use of city vehicle. 5. Mark Boesen, Manager of Rehabilitation Services, to attend IAHO Spring Conference in Waterloo, Iowa on April 2-4, 2008, with costs not to exceed $250.00, including use of city vehicle. 6. Steve Bose, John Heuer, Greg Kemp, Darin Rulapaugh, Matt Wertz and Joe Zubak, Police Officers, to attend Field Training Officer Certification Course in Waterloo, Iowa on April 7-11, 2008, with costs not to exceed $2,100.00. March 17, 2008 Page 3 c. Beer License Permit Class B 'DELETE - All Golf Center, 1850 W. Ridgeway Avenue (Renewal) (Expires 4/15/09) (Includes Sunday Sales) Iry Warren Memorial Golf Course, 1000 Fletcher Avenue (Renewal) (Expires 3/31/09) (Includes Sunday Sales) d. Beer/Liquor License Permit Application Class C Babes Tap, 210 Division Street (Renewal) (Expires 3/14/09) (Includes Sunday Sales) e. Liquor License Permit Application Class B The Isle Casino & Hotel at Waterloo, 777 Isle of Capri Boulevard (Renewal) (Expires 4/30/09) (Includes Sunday Sales) f Outdoor Service Area Application DELETE - All Golf Center, 1850 W. Ridgeway Avenue Iry Warren Memorial Golf Course, 1000 Fletcher Avenue g. Bonds. HEARINGS AND BIDS 2. Purchase of One 4-Wheel Drive Truck and Service Body. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to confirm approval of specifications, bid document, etc. Resolution-to authorize to proceed. Motion-to receive and file and instruct City Clerk to open and read bids and refer to Superintendent of Central Garage for review. 3. Purchase of Two 4-Wheel Drive Pickup Trucks. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to confirm approval of specifications, bid document, etc. Resolution-to authorize to proceed. Motion-to receive and file and instruct City Clerk to open and read bids and refer to Superintendent of Central Garage for review. March 17, 2008 Page 4 HEARINGS 4. Issuance of Variable/Fixed Rate Note in the principal amount not to exceed $2,970,000.00 under the Contract for Loan Guarantee Assistance dated September 19, 2006 with the U.S. Department of Housing and Urban Redevelopment. Motion-to receive and file proof of publication of notice of public hearing to finance the River Walls reconstruction portion of the Cedar River Dam to be repaid using Black Hawk County Solid Waste distributions. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to take additional action and authorize issuance of said note. S. Vacation of the alleys generally located between W. 3rd Street and W. Park Avenue and between Commercial Street and Washington Street for the development of the Waterloo Riverloop Expo. 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 the Planning, Programming and Zoning Commission and oral and written comments. Motion-to receive,file, consider and pass for the first time. 6. Site Plan amendment to the "B-P"Business Park District for construction of a 40,000 sq. ft. office building with a 20,000 sq.ft.future addition on property generally located at the southeasterly corner of Ansborough Avenue and San Marnan Drive in the Country Club Business Center Second Addition—Grainger, Inc. on behalf of Leondorf LLC. 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 the Planning, Programming and Zoning Commission and oral and written comments. Resolution-to approve said site plan amendment. 7. Logan Avenue Urban Renewal and Redevelopment Plan Amendment No. 1 to include the area along U.S. 63 from Donald Street to the Cedar River. 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 the Planning, Programming and Zoning Commission and oral and written comments. Resolution-to adopt said Amendment No. 1 to the Plan. Motion-to receive,file, consider and pass for the first time. • March 17, 2008 Page 5 UNFINISHED BUSINESS 8. Purchase of One 4-Wheel Drive Pickup With Snowplow. Resolution-to approve communication from Superintendent of Central Garage transmitting recommendation of award of contract in the amount of$32,517.00 to Witham Auto Center of Waterloo, Iowa. PETITIONS FROM PUBLIC 9. Resolution-to approve communication from Senior Planner transmitting request of Benton's Ready Mix Concrete to rezone from "A-1"Agricultural District to "M-1" Light Industrial District approximately 6.85 acres 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, together with recommendation of approval of Planning, Programming and Zoning Commission. Set date of hearing as April 7, 2008. DOCUMENTS 10. 2007 Window Replacement at Waterloo Public Library. Motion-to approve communication from Building Official/Maintenance Administrator transmitting Change Order No. 1 for a net increase in the amount of$73,674.00 for work performed by Failor-Hurley Construction of Hudson, Iowa. 11. Phase I-Demolition of Former Chamberlain Manufacturing Property, 550 Esther Street, Contract No. 741. Motion-to approve communication from City Planner transmitting Change Order No. 1 for a net increase in the amount of$23,943.00 for work to be performed by Howard R. Green Company of Cedar Rapids, Iowa. 12. Phase I Demolition of Former Chamberlain Manufacturing Property, 550 Esther Street, Contract No. 741. Motion-to approve communication from City Planner transmitting Change Order No. 3 for a net increase in the amount of$18,961.20 for work to be performed by D.W. Zinser Company of Walford, Iowa. 13. Preliminary Plat of Klingaman Park Fourth Addition. Resolution-to approve preliminary plat and necessary documents. 14. Final Plat of Country Club Business Center Second Addition. Resolution-to approve final plat and necessary documents. 15. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting Settlement Agreement in the amount of$9,440.92 with Pries Roofing of LaPorte City, Iowa for water damage in conjunction with FY 2007 Roof Repair Program, Contract No. 731. March 17, 2008 Page 6 16. Resolution-to approve communication from Associate Engineer transmitting Notice of Discontinuation of a Storm Water Discharge covered under Iowa NPDES General Permit No. 2 with Iowa Department of Natural Resources in conjunction with F.Y. 2006 U.S. 20/Ansborough Avenue Interchange Project, Contract No. 667. 17. Resolution-to approve communication from Airport Director transmitting Engineering Agreement with Earth Tech Engineering of Waterloo, Iowa, at a cost of$154,00,00, with city cost of$7,700.00,for an Airport Master Plan Update at the Waterloo Regional Airport. 18. General Obligation Bond Demolition Project, 93 and 97 Vinton, 156-D-GO-03-03-08. Resolution-to approve communication from Contracts and Grants Coordinator transmitting contract in the amount of$120,000.00 with D.W. Zinser Co. Inc of Walford, Iowa. 19. Resolution-to approve communication from Superintendent of Traffic Operations transmitting application with Iowa Department of Transportation for Traffic Safety grant in the amount of$375,000.00 for improvements to the intersection of US 63 (Sergeant Road) and Ridgeway Avenue. 20. Resolution-to approve communication from City Planner transmitting Development Agreement with W.W. Grainger, Inc. to develop a 40,000 sq. ft. professional office building, with a new minimum taxable value of$5 million, with 100 percent tax rebates for six years and 49 percent on the seventh year, on 7.18 acres of property generally located along Fisher Drive in the Country Club Business District. 21. Resolution-to approve communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of$300.00 with Metro 66, 3201 West 4th Street,for selling tobacco, tobacco products or cigarettes to any person under 18 years of age. 22. Resolution-to approve communication from City Planner transmitting Development Agreement and Parking Ramp User Agreement with HQAA-JSA, LLC for redevelopment of the former Walker Shoes Building located at 112-116 East 4th Streets for the Healthcare Quality Association on Accreditation professional office building, with a new minimum taxable value of$718,000.00, creation of 40 jobs and 100 percent tax rebates for ten years. RESOLUTIONS TO BE ADOPTED 23. Resolution-to name private street generally located off of public Edgemont Avenue, north of Park Lane to serve a proposed 3-plex development as Edgemont Avenue. • March 17, 2008 Page 7 NEW BUSINESS 24. F.Y. 2008 Public Market Building, Contract No. 738. 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 14, 2008. ORAL PRESENTATIONS Motion-to receive and file oral comments. Motion-to adjourn to Executive Session. EXECUTIVE SESSION 1. Discussion of acquisition of property pursuant to Iowa Code Section 21.5(1)(j)(2007). Motion-to adjourn Executive Session. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, March 17, 2008 4:25 p.m. -Human Resources Committee, Council Chambers 4:30 p.m. -Building and Grounds Committee, Council Chambers 4:40 p.m. -Boards and Commissions, Council Chambers 4:45 p.m. -Finance Committee, Council Chambers 5:00 p.m. - Council Work Session, Council Chambers PUBLIC INFORMATION 1. Waterloo Leisure Services Commission minutes of January 8, 2008 and February 12, 2008 are on file in the City Clerk's office. 2. Waterloo Public Library Board of Trustees minutes of February 11, 2008 are on file in the City Clerk's office. L \ March 17, 2008 Page 8" CONTRACT PAYMENT SCHEDULE 1. Phase I-Demolition of Former Chamberlain Manufacturing Property, 550 Esther Street, Contract No. 741. Pay estimate No. 1 to D.W. Zinser Co. Inc. in the total amount due of$82,464.27. 2. Cedar Valley Riverfront Renaissance pWaaitarand Amphitheatoo Vision Iowa re Phase II ojects Riverfront Loop/Cedar River Dam/Cedar River p Pay estimate No. 33 to Earth Tech in the total amount due of$32,584.86. 3. Waterloo Dam Rehabilitation & Riverwall Reconstruction, Contract No. 713. Pay estimate No. 9 to Earth Tech in the total amount due of$12,396.22. 4. U.S. Highway 63 Initial Design, NHSX-63-6(69)-3H-07. Pay estimate No. 22 to Earth Tech in the total amount due of$27,155.48. 5. 06 VGM Expansion Rood, Contract No. 764. Pay estimate No. 4 to K. Cunningham Construction Co. Inc. in the total amount due of$9,080.46. 6. San Marnan Drive, Phase III, Contract No. 702. Pay estimate No. 7 to KWS, Inc. in the total amount due of$3,756.28 and estimate No. 8 in the total amount due of$16,934.36. 7. Waterloo Dam Rehabilitation and Riverwall Reconstruction, Contract No. 713. Pay estimate No. 21 to Peterson Contractors, Inc. in the total amount due of $223,541.65. Council Work Session March 17, 2008 5:00—5:20 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Update on fair housing activities and year-end complaint numbers flow charts—Director of Human Rights Commission Adjourn. Nancy Eckert City Clerk BOARDS AND COMMISSIONS March 17, 2008 4:40—4:45 p.m. Council Chambers Roll Call: Members: Chairperson Carolyn Cole Quentin Hart Harold Getty Approval of Agenda, as proposed. 1. Approval of Mayor Hurley's recommendation of appointment of Bonetta Culp to the Civil Service Commission, with term expiration date of April 1, 2012. ADJOURNMENT Nancy Eckert City Clerk Council Work Session March 13, 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, MARCH 10, 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 anq 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: Bob Stringer, Human Resources Director. Agenda, as proposed or amended. • March 10, 2008 Page 2 Minutes of March 3, 2008, Regular Session, as proposed. Presentation of Basketball Coaches of the Year to JP Garrey, Tom Eighmey, Joe Berinobis, Theron Montgomery and Rudy Jones. Presentation of Character Counts Players of the Year to Kalen Saddler, Blaire Thomas, Molly Severin and Jackson Little. 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 Clerk transmitting request of John Marso of the Waterloo Bucks for a variance to the Noise Ordinance on August 30, 2008 from 2:00 p.m. to 9:30 p.m. in conjunction with a Styx concert at Riverfront Stadium, together with recommendation of Police Chief b. Motion to approve the following: 1. Eric Thorson, City Engineer, to attend American Public Works Association 2008 Mid American Conference and Exhibit Show in Overland Park, Kansas on May 7- 9, 2008, with costs not to exceed $585.00. 2. James Bolger, Golf Manager, to staff the Waterloo golf booth at the LaCrosse Golf Show in LaCrosse, Wisconsin on March 14-16, 2008, with costs not to exceed $300.00. c. Motion to receive and file the following: 1. Communication from Iowa Department crete (PCC)patching tion transmitting project cation that the DOT proposes to let a Portland CementConcrete on 1-380 from 1 mile north of U.S. 30 in Cedar Rapids north to U.S. 218 in Waterloo on March 18, 2008. d. Beer License Permit Application Class C Holiday Stationstore, 3260 University Avenue (Renewal) (Expires 5/4/09) (Includes Sunday Sales) March 10, 2008 Page 3 e. Beer/Liquor License Permit Application Class C The Ground Round Restaurant, 1425 San Marnan Drive (Renewal) (Expires 3/31/09) (Includes Sunday Sales) Legends, 2122 Kimball Avenue (Renewal) (Expires 3/27/09) (Includes Sunday Sales) Grand Café Bar, 1402 Black Hawk Street (Renewal) (Expires 3/15/09) (Includes Sunday Sales) HEARINGS AND BIDS 2. Purchase of 4-Wheel Drive Truck With Snow-Plow. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to confirm approval of specifications, bid document, etc. Resolution-to authorize to proceed. Motion-to receive and file and instruct City Clerk to open and read bids and refer to Superintendent of Central Garage for review. UNFINISHED BUSINESS 3. General Obligation Bond Demolition Project, 93 and 97 Vinton, 156-D-GO-03-03-08. Resolution-to approve communication from Contracts and Grants Coordinator transmitting recommendation of award of contract in the amount of$120,000.00 to D.W. Zinser Co. Inc. of Walford, Iowa. 4. F.Y. 2008 Street Reconstruction Program, Contract No. 736. Resolution-to approve communication from Assistant City Engineer transmitting recommendation of award of contract in the amount of$3,159,413.78 to Aspro, Inc. and Its Subsidiary of Waterloo, Iowa. DOCUMENTS 5. F.Y. 2008 Street Reconstruction Program, Contract No. 736. Resolution-to approve communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of$3,159,413.78 with Aspro, Inc. and Its Subsidiary of Waterloo, Iowa. 6. Resolution-to approve communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by KWS, Inc. of Cedar Falls, Iowa at a total cost of$564,478.71 in conjunction with F.Y. 2006 San Marnan Drive Traffic Improvements -Phase III, Contract No. 702 and receive and file two-year Maintenance Bond. • March 10, 2008 Page 4 7. Resolution-to approve communication form City Engineerperformedans transmitting Complby etion of Project and Recommendation °f Fallse�owa at a tance of Work al cost of$181,609.14, with city's Construction Co. Inc. of Cedar portion of$90,804.57, in conjunction with F.Y. 2006 VGM Expansion Entrance Road (Fitzway Drive), Contract No. 704 and receive and file two-year Maintenance Bond 8. Resolution-to approve communication from Senior Planner transmitting request of Lisa Kipp for tax exemptions on improvements totaling $13,500.00 for property located at 727 Kirkwood Avenue located in the Consolidated Urban Revitalization Area, together with recommendation of approval. 9. Resolution-to approve communication from City Planner transmitting Housing Enterprise Zone Program Agreement with Iowa Department of Economic Development and Rooff Contracting & Development for construction of four new homes on Madison and Monroe Streets located within Enterprise Zone boundaries. 10. Resolution-to approve communication from City Planner transmitting CEBA Funding mic Agreement and Promissory Note 0�00 loan/h Iowa Department loan for�nve�tment of over evelopment and A-Line EDS, Inc. for a $45,000.00 forgivable $1.2 million in new construction, building remodeling as well as machinery equipment, including construction of new 13,488 sq.ft. building at 808 Dearborn Avenue with an estimated construction cost of$400,000.00 and creation of nine new jobs. 11. Resolution-to approve communication from City Planner transmitting a amention dment to Development Agreement with MAKO Waterloo Corporation for re rehabilitation of the Rath Administration Building located at 1515 Sycamore Street to extend the Due Diligence period to March 24, 2008 and require the city to remove asbestos by July 18, 2008. 12. Resolution-to approve communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of$300.00 with New Star Liquor, 1625 West 4th Street,for selling tobacco, tobacco products or cigarettes to any person under 18 years of age. NEW BUSINESS 13. 2008 Cedar River/Exchange Sports Complex Fencing Project. 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 March 24, 2008. March 10, 2008 Page 5 HEARINGS 14. FYE 2009 Budget. 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 adopt said budget. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, March 10, 2008 4:55 p.m. -Human Resources Committee, Council Chambers 5:00 p.m. -Finance Committee, Council Chambers PUBLIC INFORMATION 1. Communication from Police Captain transmitting retirement of R. Bruce Arends, Captain, effective February 17, 2008, together with recommendation of payment of $15,350.51 for unused vacation pay. 2. Planning, Programming and Zoning Commission minutes of December 4, 2007 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. F.Y. 08 Public Market Building, Contract No. 738. Pay estimate No. 6 to Craig Ritland Landscape Architect in the total amount due of $2,555.00. 2. F.Y. 2007 Riverloop Expo Plaza Phase 1, Contract No. 721. Pay estimate No. 5 to Craig Ritland Landscape Architect in the total amount due of $6,730.00. 3. 2008 Permanent Closure of RR Crossing Across Black Hawk Creek, Contract No. 728. Pay estimate No. 6 to VJEngineering in the total amount due of$1,373.00. Council Work Session March 6, 2008 8:15 a.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Update on FYE09 Budget—Mayor Hurley. Adjourn. Nancy Eckert City Clerk 11310 /CID 1taxag'CamN •uJnofp1 oi—uopoy% •2ufaauz ituouvuuoJui pug rpuaRe Itaunoa Aixaann Jo uoIssnas!Q I •papuauxr io pasodoid sr tpuaav Jo irnoaddd 'II13 PIT siaqur qD Iiaunoj 'U" 00:8 800Z `9 iia•TglAI uoissas N1oM Iiauno3 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, MARCH 3, 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: Michelle Weidner, Chief Financial Officer. Agenda, as proposed or amended. March 3, 2008 Page 2 Minutes of February 25, 2008, Regular Session, as proposed. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. 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 Peregrine Charities to hold Peregrine Charities Triathlon on September 28, 2008 starting at 7:30 a.m., including one mile swim, 22 mile bike ride on Waterloo, Cedar Falls and Black Hawk County roads and six mile run on trails through George Wyth Park and Hartman Reserve. b. Motion-to approve the following: 1. Rudy Jones, Community Development Director, to attend Iowa NAHRO Annual Conference in Des Moines, Iowa on April 16-18, 2008, with costs not to exceed $630.00, including use of city vehicle. c. Beer/Liquor License Permit Application Class C Fortune's, 328 Elm Street (Renewal) (Expires 3/27/09) (Includes Sunday Sales) Catherine Doyle's Pub, 504 Sycamore Street (Renewal) (Expires 3/7/09) (Includes Sunday Sales) Beck's Pub and Grille, 3295 University Avenue (Renewal) (Expires 3/24/09) (Includes Sunday Sales and Brew Pub) d. Beer/Wine License Permit Application Special Class C Waterloo Bucks, 850 Park Road (6 months-3/24/08 - 9/24/08) (Includes Sunday Sales) e. Outdoor Service Area Application Fortune's, 328 Elm Street Waterloo Bucks, 850 Park Road f Fireworks Display Application Waterloo Bucks, Riverfront Stadium on May 29, July 11, July 12, August 11, 2008 g. Bonds. March 3, 2008 Page 3 HEARINGS AND BIDS 2. F.Y. 2008 Street Reconstruction Program, Contract No. 736. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to confirm approval of plans, specifications, form of contract, etc. Resolution-to order construction. Motion-to receive and file and instruct City Clerk to open and read bids and refer to City Engineer for review. 3. General Obligation Bond Demolition Project, 93 and 97 Vinton, 156-D-GO-03-03-08. 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 Contracts and Grants Coordinator for review. HEARINGS 4. Rezone from "M-2,P"Planned Industrial District to "B-P Business Park approximately 119 acres of land generally located west of 2015 West Ridgeway Avenue and north of 3250 Greyhound Drive for the purpose of establishing a business park development—Deer Creek Development. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file 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. PETITIONS FROM PUBLIC 5. Resolution-to approve communication from Senior Planner transmitting request of Mike Reimer for a minor site plan amendment to the "R-3,R-P" Planned Residence District for property generally located at the northwest corner of Hummingbird Circle and Sarah Drive, directly south of Wal-Mart and Hy-Vee grocery store. Set date of hearing, if necessary. March 3, 2008 Page 4 6. Resolution-to approve communication from City Planner transmitting request of Grainger, Inc. on behalf of Leondorf LLC for a site plan amendment to the "B-P" Business Park District to construct a 40,000 sq.ft. office building, with 20,000 sq. ft. future expansion, on property generally located at the southeasterly corner of Ansborough Avenue and San Marnan Drive. Set date of hearing as March 17, 2008. DOCUMENTS 7. Resolution-to approve communication from Police Chief transmitting Letter of Agreement with Pathways Behavioral Services, Inc.for a grant in the amount of $2,500.00, with no required match,for enforcement of underage drinking laws. 8. Resolution-to approve communication from Leisure Services Director transmitting application with Iowa Department of Natural Resources for LAWCON (Land and Water Conservation Fund)grant in the amount of$50,000.00 for development of Mark's Park near the Waterloo Center For The Arts. 9. Resolution-to approve communication from Senior Planner transmitting addendum to temporary construction easement for total compensation of$1,670.69 for trees to be removed on property located at 629 West Donald Street as part of the Donald Street Recreational Trail project. 10. Resolution-to approve communication from Assistant City Engineer transmitting acceptance of plat improvements for Nottingham Second Addition and two year maintenance bond from Peterson Contractors, Inc. 11. Resolution-to approve communication from City Planner transmitting agreement with Roberta Wagner to lease approximately 8 acres of property generally located along Bishop Avenue,just south of the Blowers Creek drainage way at a rate of $600.00 per year RESOLUTIONS TO BE ADOPTED 12. Resolution-to fix date of hearing as March 17, 2008 on authorization and issuance of a variable/fixed rate note in the amount not to exceed $2,970,000.00 under the contract for loan guarantee assistance dated September 19, 2006 between the City of Waterloo and the U.S. Department of Housing and Urban Development to finance the River Walls reconstruction portion of the Cedar River Dam, to be repaid using Black Hawk County Solid Waste distributions. • March 3, 2008 Page 5 ORDINANCES TO BE ADOPTED 13. An ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 5-1B-1, Definitions, Section 5-1B-4 Dangerous Dogs Prohibited, and Section 5-1B-6, Restrictions on Possession of Animals, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations; and enacting in lieu thereof new Section 5-1B-1, Definitions, Section 5- 1B-4 Dangerous Dogs Prohibited, Section 5-1 B-6, Restrictions on Possession of Animals, and Section 5-1B-7, Registration of Potentially Dangerous Dogs, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations (new definitions, violation registry, new section on potentially dangerous dogs). Motion-to receive,file, consider and pass for the second time. Motion-to suspend the rules. Motion-to consider and pass for the third time and adopt ordinance. NEW BUSINESS 14. Resolution-to approve communication from Senior Planner transmitting request to vacate the alleys generally located between West 3rd Street and West Park Avenue, and between Commercial Street and Washington Street to allow for construction of the Waterloo RiverLoop Expo as part of the Waterloo Downtown Redevelopment Master Plan, together with recommendation of approval of Planning, Programming and Zoning Commission. Set date of hearing as March 17, 2008. 15. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$388.54 for work performed by the Water Works at 619 Anthony Street, together with recommendation of approval of Waterloo Water Works Board of Trustees. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, March 3, 2008 4:30 p.m. - Council Work Session, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers March 3, 2008 `.- Page 6 PUBLIC INFORMATION 1. Community Development Board and Public Hearing minutes of January 15, 2008 on file in the City Clerk's office. 2. Waterloo Historic Preservation Commission minutes of January 15, 2008 on file in the City Clerk's office. 3. Northeast Iowa Response Group minutes of January 3, 2008 on file in the City Clerk's office. 4. Memorial Hall Commission minutes of January 23, 2008 on file in the City Clerk's office. 5. Board of Waterloo Water Works Trustees minutes of February 20, 2008 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. Cedar River Dam Portages Cedar River Water Trail, Contract No. 734. Pay estimate No. 1 to Earth Tech in the total amount due of$8,850.00. 2. US 63 Westfield Avenue Connection, Contract No. 730. Pay Earth Tech in the total amount due of$16,115.07. 3. Waterloo Dam Rehabilitation and Riverwall Reconstruction, Contract No. 713. Pay estimate No. 21 to Peterson Contractors, Inc. in the total amount due of $9,554.63. Council Work Session March 3, 2008 4:30—5:00 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Update on FYE09 Budget—Mayor Hurley. Adjourn. Nancy Eckert City Clerk