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HomeMy WebLinkAbout05. May THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, MAY 22, 2006 CITY OF WATERLOO GOALS 1. Enhance the economic well-being of Waterloo by emphasizing economic development as • the top priority for the City Council, resulting in an expanded tax base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Adopt the International Property Maintenance Code to improve the health, safety and appearance of the City. 6. Seek additional opportunities to share services and resources with other government entities. 7. Work toward lowering the overall property tax rate for Waterloo. 8. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. 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: Robert Stringer, Human Resources Director. Agenda, as proposed or amended. May 22, 2006 " Page 2 Minutes of May 15, 2006, Regular Session, as proposed. Proclamation declaring May 27, 2006 as Cool 105.7 Fourth Street Cruise Day. 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. Resolution-to approve communication from City Engineer transmitting request of David J. Amend for a waiver for a concrete driveway to be located at 277 Derbyshire Road, together with recommendation of approval. 3. Resolution-to approve communication from City Clerk transmitting request of Pastor Dave Van Netten of Grace Reformed Church for a variance to the Noise Ordinance on June 11, 2006 and August 13, 2006 from 8:00 a.m. to 12:00 noon in conjunction with outdoor worship services at Byrnes Park; including a live band and PA system, together with recommendation of approval of Police Chief for 80 dBA. 4. Resolution-to approve communication from City Clerk transmitting request of Michael and Colette Shull for a variance to the Noise Ordinance on June 3, 2006 from 5:00 p.m. to 10:00 p.m. in conjunction with a backyard graduation party at 81 Lafayette Street, including a karaoke system, together with recommendation of approval of Police Chief for 80 dBA. 5. Resolution-to approve communication from Police Chief transmitting request of Iowa Missionary Educational Baptist State Convention to hold a parade on June 12, 2006 at 5:30 p.m., with route to travel along East 4th Street from Donald to Sumner, down Sumner to Jackson Street with the parade ending at the Union Missionary Baptist Church. 6. Resolution-to approve communication from Police Chief transmitting request of Executive Director of My Waterloo Days to hold My Waterloo Days Summer in the City event from June 1-4, 2006, including People in the Park, Dancin'Downtown, Fireworks Extravaganza, Fun Run, Children's Bike Race and Parade with route beginning on 4th Street and Jefferson Street to Mulberry Street, down 5th Street to Bluff Street. May 22, 2006 Page 3 b. Motion-to approve the following: 1. Mark Meyer, Police Sergeant; and Jim Schmidt, Police Officer; to attend Remington Armorer School in Montezuma, Iowa on June 14-16, 2006, with costs not to exceed $1,249.78, including use of city vehicle. 2. Mark Boesen, Manager of Rehabilitation Services, to attend Nan McKay & Associates Seminar for Section 8/HCV Housing Quality Standards Training and Exam Certification in Cedar Rapids, Iowa on June 13-15, 2006, with costs not to exceed $1,010.00, including use of city vehicle. 3. Mark Boesen, Manager of Rehabilitation Services, to attend Lead Abatement Contractor Course in Marshalltown, Iowa on June 19-23, 2006, with costs not to exceed $340.00, including use of city vehicle. 4. Michelle Weidner, Chief Financial Officer, to attend 2006 Iowa Governmental Roundtable in West Des Moines, Iowa on May 19, 2006, with costs not to exceed $270.00, including use of city vehicle. 5. Jeff Tyler and Andrea Fana, Police Investigators, to attend Practical Homicide Investigation Seminar in Bloomington, Minnesota on June 18-21, 2006, with costs not to exceed $1,855.60, including use of city vehicle. 6. Aaron McClelland, Police Officer, to attend Taser Instructor School in Johnston, Iowa on June 20-21, 2006, with costs not to exceed $352.00, including use of city vehicle. 7. Nancy Eckert, City Clerk, to attend Iowa Municipal Clerk's Academy in Ames, Iowa on July 19-21, 2006, with costs not to exceed $435.00. 8. Human Rights Commission members and staff to attend National Fair Housing Policy Conference in Anaheim, California on June 26-30, 2006, with costs not to exceed $9,650.26. c. Beer/Wine License Permit Application Special Class C Gary's Restaurant & Catering, 2820 Falls Avenue (Renewal) (Expires 6/14/07) d. Beer/Liquor License Permit Application Class C Buzzs Bar, 1016 Maynard Avenue (Renewal) (Expires 5/27/07) (Includes Sunday Sales) May 22, 2006 Page 4 e. Liquor License Permit Application Class E CVS Pharmacy, 2060 Crossroads (New) (Expires 6/1/07) (Includes Sunday Sales) CVS Pharmacy, 2068 Logan Avenue (New) (Expires 6/1/07) (Includes Sunday Sales) f. Beer License Permit Application Class C CVS Pharmacy, 2060 Crossroads (New) (Expires 6/1/07) (Includes Sunday Sales) CVS Pharmacy, 2068 Logan Avenue (New) (Expires 6/1/07) (Includes Sunday Sales) g. Wine License Permit Application Class B CVS Pharmacy, 2060 Crossroads (New) (Expires 6/1/07) (Includes Sunday Sales) CVS Pharmacy, 2068 Logan Avenue (New) (Expires 6/1/07) (Includes Sunday Sales) h. Beer License Permit Application Class B My Waterloo Days, 100 E. Park Avenue (5 days-6/1/06- 6/5/06) My Waterloo Days, 100 W. 4th Street (5 days-6/1/06 - 0 6/5/06) My Waterloo Days, 519 Mulberry Street (5 days-6/1/06- 6/5/06) (Includes Sunday Sales) My Waterloo Days, 1000 Fletcher(Transfer License from 519 Mulberry Street for 6/3/06- 6/4/06) Waterloo Fireworks Festival, 100 block W. 4th Street (5 days-7/1/06 - 7/5/06) (Includes Sunday Sales) Waterloo Fireworks Festival, 100 block E. 4th Street (5 days-7/1/06- 7/5/06) (Includes Sunday Sales) i. Liquor License Permit Application Class B Times Lounge, 226 W. 5th Street (New) (Expires 5/23/07) (Includes Sunday Sales) j. _ Outdoor Service Area Application Buzzs Bar, 1016 Maynard Avenue My Waterloo Days, 100 E. Park Avenue My Waterloo Days, 100 W. 4th Street My Waterloo, Days, 519 Mulberry Street My Waterloo, Days, 1000 Fletcher Avenue Waterloo Fireworks Festival, 100 block W. 4th Street Waterloo Fireworks Festival, 100 block E. 4th Street k. Fireworks Display Application Van G. Miller & Associates, 1111 W. San Marnan Drive, on June 12, 2006 \.DD - Kenneth Gebert, 2205 Katoski Drive on May 28, 2006 May 22, 2006 Page 5 1. Bonds. HEARINGS AND BIDS 2. Five Sullivan Brothers Convention Center Mechanical Upgrade, Phase H. 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,file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review. HEARINGS 3. FYE2006 Budget Amendment. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING-No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to approve said budget amendment. 4. Issuance of not to exceed $4,155,000.00 General Obligation Bonds for Essential Corporate Purposes. Motion-to receive and file proof of publication of notice of public hearing--to pay costs of acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control and drainage improvements; construction, reconstruction and repairing of street, sidewalk and intersection improvements; improvement and repair of bridges; acquisition, construction and installation of storm sewer and sanitary sewer improvements; acquisition of vehicles and capital equipment for the Police, Fire Rescue and Street Departments; acquisition, rehabilitation and demolition of abandoned, dilapidated or dangerous buildings; rehabilitation and improvement of city parks and acquisition, repair and replacement of facilities, equipment and improvements in city parks, including bikeway development, tennis court improvements and mowing equipment; acquisition, improvement and installation of traffic control devices, signage,fixtures and equipment, including traffic signal and street light improvements; and acquisition and improving of the automated GIS/GPS mapping system. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to institute proceedings to take additional action for issuance of said bonds. May 22, 2006 Page 6 5. Issuance of not to exceed $1,680,000.00 General Obligation Bonds for Essential Corporate Purposes. Motion-to receive and file proof of publication of notice of public hearing--to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities and the Urban Renewal Plans for the San Marnan Urban Renewal Area, the Logan Tax Increment Redevelopment Area and the Rath Tax Increment Redevelopment Area, including consulting fees and other planning expenses, property acquisitions and clearance for public and private development, and incentive payments relating to acquisition and private redevelopment of properties within such areas. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to institute proceedings to take additional action for issuance of said bonds. 6. Issuance of not to exceed $700,000.00 General Obligation Bonds for General Corporate Purposes Motion-to receive and file proof of publication of notice of public hearing--to pay costs for reconstruction, remodeling, improvement and repairing of city buildings and facilities, including the Five Sullivan Brothers Convention Center, Young Arena, Youth Pavilion, Center for the Arts, the roofs of various city buildings and facilities, the Police Department, Fire Station, Street Department and Public Library. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to institute proceedings to take additional action for issuance of said bonds. 7. Issuance of not to exceed $590,000.00 General Obligation Bonds for General Corporate Purposes. Motion-to receive and file proof of publication of notice of public hearing—to pay costs of reconstruction, remodeling, repair and improvement of city buildings and facilities, including downtown parking garages and the Central Garage facilities; acquisition of capital equipment and vehicles for various city departments and operations; and reconstruction and improvement of city golf courses. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to institute proceedings to take additional action for issuance of said bonds. • May 22, 2006 Page 7 8. Issuance of not to exceed $475,000.00 General Obligation Bonds for General Corporate Purposes. Motion-to receive and filef 0 proof f publication of notice of public hearing--to pay costs of reconstruction, renovation and improvement of Riverfront Stadium, swimming pools and sports facilities; and improvements to the Center For The Arts. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to institute proceedings to take additional action for issuance of said bonds. 9. Authorization of a loan agreement and issuance of not to exceed $450,000.00 General Obligation Capital Loan Notes for a General Corporate Purpose. Motion-to receive and file proof of publication of notice of public hearing--to pay costs of funding termination payments to retiring employees, including accrued vacation and sick leave obligations. HOLD HEARING--No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to institute proceedings to take additional action for issuance of said bonds. 10. Second violation of Waterloo Code of Ordinance, Sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age New Star Mart, 1415 Logan Avenue. HOLD HEARING—No objections on file Motion-to close hearing and receive and file oral and written comments Resolution-to assess 30 day cigarette permit suspension for said second violation. 11. Violation of Waterloo Code of Ordinance, Sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age—New Star Liquor, 1309 Lafayette Street. HOLD HEARING—No objection on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to assess $300.00 penalty for said violation. UNFINISHED BUSINESS 12. F.Y. 2006 E. San Martian Drive Paving Improvements -Penneys St. to LaPorte Road, Contract No. 698. Resolution-to approve communication from City Engineer transmitting recommendation of award of contract in the amount of$897,455.06 to K. Cunningham Construction Co., Inc. of Cedar Falls, Iowa. May 22, 2006 Page 8 13. F.Y. 2006 Asphalt Overlay Program, Contract No. 706. Resolution-to approve communication from City Engineer transmitting recommendation of award of contract in the amount of$5,032,463.60 to Aspro, Inc. and Its Subsidiary of Waterloo, Iowa. PETITIONS FROM PUBLIC 14. Resolution-to approve communication from Senior Planner transmitting request of Harold and Charlene Burington to rezone from "A-1"Agricultural District to "R-1" One and Two Family Residence District property generally located at 4466 Wagner Road, 1/2 mile north of Big Rock Road and '/2 mile south of Dunkerton Road,just inside the City Limits for the construction of a single-family home, together with recommendation of denial of Planning, Programming and Zoning Commission. Set date of hearing as June 12, 2006. DOCUMENTS 15. F.Y. 2006 E. San Marnan Drive Paving Improvements -Penneys St. to LaPorte Road, Contract No. 698. Resolution-to approve communication from Associate Engineer transmitting Contract, Bond and Certificate of Insurance in the amount of$897,455.06 with K. Cunningham Construction Co., Inc. of Cedar Falls, Iowa. 16. F.Y. 2006 Asphalt Overlay Program, Contract No. 706. Resolution-to approve communication from Associate Engineer transmitting Contract, Bond and Certificate of Insurance in the amount of$5,032,463.60 with Aspro, Inc. and Its Subsidiary of Waterloo, Iowa. 17. Resolution-to approve communication from Police Chief transmitting one-year Automobile Lease Agreement with C & S Car Company for 2006 Hyundai Entourage van. 18. Resolution-to approve communication from Associate Engineer transmitting joint application for sanitary sewer permit with Iowa Department of Natural Resources and the U.S. Army Corps of Engineers for the sanitary sewer extension for the Prescotts Creak area as proposed by Claassen Engineering. 19. Resolution-to approve communication from City Planner transmitting partial acquisition contract with Roger and Janice Kalsem at a cost of$14,627.00, plus $1,000.00 for incidental closing costs, to purchase property generally located south of East Orange Road and east of Highway 21 as part of widening and construction of turn lanes at the intersection of East Orange Road and Highway 21. • May 22, 2006 Page 9 20. Resolution-to approve communication from City Planner transmitting partial acquisition contract with Faye Dorothy Anderson and Hope Martin Anderson at a cost of$1,661.84, plus $1,000.00 for incidental closing costs, to purchase property generally located north of East Orange Road and east of Highway 21 as part of widening and construction of turn lanes at the intersection of East Orange Road and Highway 21. 21. Resolution-to approve communication from Community Planning & Development Director transmitting Purchase Agreement with Charles Nichols at a cost of $15,070.00, plus $2,000.00 for miscellaneous expenses, located at 1016 Lafayette Street as part of the Rath Area Neighborhood Plan.generally 22. Resolution-to approve communication from City Engineer transmitting Professional Services Agreement with Earth Tech at a cost not to exceed $40,000.00 in conjunction with Park Avenue Bridge Conceptual Design and public involvement services. 23. Resolution-to approve communication from Superintendent of Traffic Operations transmitting agreement with Iowa Department of Transportation for Traffic Safety Improvement funding in the amount of$50,000.00 to start a traffic safety education and awareness campaign. 23a. F.Y. 2006 U.S. Highway 20/Ansborough Avenue Interchange, Contract No. 667. Motion-to approve communication from Associate Engineer transmitting Extra Work Order in the amount of$52,690.00 for work to be performed by Flynn Company, Inc. of Dubuque, Iowa. RESOLUTIONS TO BE ADOPTED 24. Resolution-to approve communication from Senior Planner transmitting request of David Heideman to dedicate public street right of way for existing private Belle Street, an extension of existing public Belle Street generally located west of Ruby Drive, together with recommendation of denial of the Planning, Programming and Zoning Commission. -25. Resolution-to direct advertisement for sale of$8,200,000.00 General Obligation Bonds, Series 2006A as June 6, 2006 and approve electronic bidding procedures. 26. Resolution-to direct advertisement for sale of$1,900,000.00 General Obligation Bonds, Taxable Series 2006B as June 6, 2006 and approve electronic bidding procedures. May 22, 2006 Page 10 NEW BUSINESS 27. Resolution-to approve communication from Community Planning & Development Director transmitting request of Metropolitan Transit Authority to transfer a portion of city property commonly referred to as the Browning lot that was approved as part of a Federal Transit Administration grant to construct parking lots under the Highway 218 viaduct and a lot near River Road. Set date of hearing as June 12, 2006. 28. Parking Lot Control System for Waterloo Regional Airport. Motion-to instruct Airport 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 June 5, 2006. 29. U.S. 20 and Iowa 21 Ramps Traffic Signalization, STP-U-8155(675) 27-07. Motion-to instruct Superintendent of Traffic Operations 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 June 5, 2006. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, May 22, 2006 3:30 p.m. -Human Resources Committee, Council Chambers 3:35 p.m. -Public Works Committee, Council Chambers 3:40 p.m. - Building and Grounds Committee, Council Chambers 3:45 p.m. - Finance Committee, Council Chambers 4:00 p.m. - Council Work Session, Council Chambers 4:50 p.m. - Council Work Session, Council Chambers May 22, 2006 Page 11 PUBLIC INFORMATION 1. Waterloo Convention & Visitors Bureau minutes of April 18, 2006 on file in the City Clerk's office. 2. Waterloo Housing Authority minutes of March 17, 2006 on file in the CityClerk's office. 3. Waterloo Historic Preservation Commission minutes of April 25, 2006 on file in the City Clerk's office. 4. Waterloo Cultural and Arts Commission minutes of April 25, 2006 on file in the City Clerk's office. 5. Civil Service List for the position of Mechanic, as certified by the Civil Service Commission on May 16, 2006. 6. Communication from Police Captain transmitting retirement of Steven Frost, Police Officer, effective May 9, 2006, together with recommendation of payment of $30,963.54 for unused vacation time and sick pay. CONTRACT PAYMENT SCHEDULE 1. Phase II Storm Water Program. Pay engineering services to Ament Inc. in the total amount due of$1,789.50. 2. F.Y. 2005 Street Reconstruction Program, Contract No. 687. Pay estimate No. 19 to Aspro Inc. in the total amount due of$36,938.75. 3. F.Y. 2006 Street Reconstruction Program, Contract No. 705. Pay estimate No. 3 to Aspro Inc. in the total amount due of$196,579.77. 4. F.Y. 2006 Sidewalk Repair Program -Zone 6 & Trail Repair, Contract No. 710. Pay estimate No. 1 to B & B Builders in the total amount due of$24,245.82. 5. Cedar Valley Riverfront Renaissance Waterloo Vision Iowa Projects Riverfront Loop/Cedar River Dam/Cedar River Dam/Cedar River Plaza and Amphitheatre. Pay estimate No. 15 to Earth Tech in the total amount due of$44,590.67. JOINT WORK SESSION COUNCIL AND BOARD OF SUPERVISORS May 22, 2006 4:00—4:45 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed. 1. Discussion of dilapidated buildings, development in older neighborhoods and the Black Hawk County tax sale process. ADJOURNMENT Nancy Eckert City Clerk COUNCIL WORK SESSION May 22, 2006 4:50 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed. 1. Discussion of work camp group initiative for housing improvements on the Eastside. ADJOURNMENT Nancy Eckert City Clerk Council Work Session May 18, 2006 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, MAY 15, 2006 CITY OF WATERLOO GOALS 1. Enhance the economic well-being of Waterloo by emphasizing economic development as the top priority for the City Council, resulting in an expanded tax base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Adopt the International Property Maintenance Code to improve the health, safety and appearance of the City. 6. Seek additional opportunities to share services and resources with other government entities. 7. Work toward lowering the overall property tax rate for Waterloo. 8. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. 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: Jim Walsh, City Attorney. Agenda, as proposed or amended. May 15, 2006 Page 2 Minutes of May 8, 2006, Regular Session, as proposed. Proclamation declaring May 14-20, 2006 as Emergency Medical Services Week. Proclamation declaring May 14-20, 2006 as Celebrate Quota 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 City Engineer transmitting request of Michael & Lisa Kearney for a waiver for a concrete driveway to be located at 1524 Shultz Street, together with recommendation of approval. b. Motion-to approve the following: 1. Communication from Superintendent of Traffic Operations transmitting recommendation of appointment of Dean Briggs to the position of Parking Meter Repairman, effective May 30, 2006 subject to passing physical and drug test. 2. Cammie Scully, Director of Cultural & Arts Commission, to attend Haitian Art Conference and visit galleries in Miami, Florida on May 18-23, 2006, with costs not to exceed $1,546.76. c. Beer/License Permit Application Class C Downtown Amoco, 428 Franklin Street (Renewal) (Expires 5/31/07) (Includes Sunday Sales) New Star Liquor, 1309 Lafayette Street (Renewal) (Expires 5/31/07) (Includes Sunday Sales) d. Wine License Permit Application Class B New Star Liquor, 1309 Lafayette Street (Renewal) (Expires 5/31/07) (Includes Sunday Sales) e. Beer/Liquor License Permit Application Class C Hickory House, 315 Park Road (Renewal) (Expires 5/23/07) May 15, 2006 Page 3 Applebee's Neighborhood Grill & Bar, 2780 Crossroads Boulevard (Renewal) (Expires 6/23/07) (Includes Sunday Sales) f Liquor License Permit Application Class E New Star Liquor, 1309 Lafayette Street (Renewal) (Expires 5/31/07) (Includes Sunday Sales) g. Bonds. HEARINGS AND BIDS 2. F.Y. 2006 Asphalt Overlay Program, Contract No. 706. 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,file and instruct City Clerk to open and read bids and refer to City Engineer for review. 3. F.Y. 2006 San Marnan Traffic Improvements -Phase II, Contract No. 702. 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. (Bids will be opened by the IDOT on May 16, 2006.) HEARINGS 4. Sidewalk Inspection and Repair Program Zone 6. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—Motion-to receive and file letters of opposition. Motion-to close hearing and receive and file oral and written comments. Resolution-to authorize proposed repairs to sidewalks. UNFINISHED BUSINESS 5. F.Y. 2006 VGM Expansion Entrance Road, Contract No. 704. Resolution-to approve communication from City Engineer transmitting recommendation of award of contract in the amount of$178,204.10 to K. Cunningham Construction Co., Inc. of Cedar Falls, Iowa. May 15, 2006 �- -- Page 4 PETITIONS FROM PUBLIC 6. Resolution-to approve communication from Senior Planner transmitting of Diane Latusick with Lil'Jimmy O's Donut Shop for a minor Site Plan Amendment to the "S-1" Shopping District for property located near the northwest corner of Ridgeway Avenue and Kimball Avenue for the location of a 8'x 14' temporary trailer. Set date of hearing as June 5, 2006. DOCUMENTS 7. F.Y. 2006 VGM Expansion Entrance Road, Contract No. 704. Resolution-to approve communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of$178,204.10 from K. Cunningham Construction Co., Inc. of Cedar Falls, Iowa. 8. Resolution-to approve communication from Community Development Director transmitting application with U.S. Department of Housing and Urban Development for Lead-Based Paint Hazard Control Program grant for personnel costs, blood testing, education, training, rehabilitation and equipment to be used toward the elimination of lead paint hazards. 9. Resolution-to approve communication from Leisure Services Director transmitting Leisure Services Golf Course Rental Contract with Waterloo Jaycees in the amount of$3,000.00 for rental of city golf courses on July 19-23, 2006. 10. Resolution-to approve communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of$300.00 with Hy-Vee Food Store, 306 Byron Avenue,for selling tobacco, tobacco products or cigarettes to any person under 18 years of age. 11. Resolution-to approve communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of$300.00 with Sycamore Convenience, 619 Sycamore Street, for selling tobacco, tobacco products or cigarettes to any person under 18 years of age. 12. Resolution-to approve communication from City Planner transmitting agreement with Wendell Lupkes to lease for$100.00 property generally located between Prescott's Creek and Southland Park to use for baling purposes. 13. Resolution-to approve communication from City Planner transmitting Development Agreement with Gilmor& Doyle Ltd.for property located at 210-214 East 4th Street for tax rebatements for five years at 100 percent of improvements to existing buildings and a minimum assessment of$300,000.00 for ten years. May 15, 2006 Page 5 14. Resolution-to approve communication from City Planner transmitting Development Agreement with Community National Bank for expansion at 422 Commercial Street for tax rebatements for ten years at 100 percent of new construction with a minimum assessment of$1,500.000.00 for twenty years. 15. Resolution-to approve communication from Assistant City Engineer transmitting Construction Plans for sanitary sewer serving Deer Creek Plat No. 1 and Deer Creek Plat No2 and Sewage Treatment Agreement with Iowa Department of Natural Resources. 16. Resolution-to approve communication from Superintendent of Central Garage transmitting 28E Agreement with Black Hawk County Board of Supervisors to provide fuel and vehicle maintenance to Black Hawk County Health Department. 17. Final Plat of Summerland Farms First Addition. Resolution-to approve final plat and necessary documents. 18. Resolution-to approve communication from Community Development Director transmitting agreement with Daniels Home Improvement at a cost of$26,187.00 for lead abatement at 817 Wellington Street using $18,187.00 G.O. Bond funding and $8,000.00 Lead Grant funding to assist in the repair of the property. ORDINANCES TO BE ADOPTED 19. An ordinance amending the 2001 Code of Ordinance of the City of Waterloo, Iowa, by repealing Chapter 13, Telecommunications Commission, of Title 2, Boards and Commissions; and enacting in lieu thereof a new Chapter 13, Waterloo Cable TV Commission, of Title 2, Boards and Commissions (changing name of Telecommunications Commission to Waterloo Cable TV Commission ). 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. 20. An ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection A, Fees, of Section 9-2A-12, Services, of Article A, Fire Prevention Inspections, of Chapter 2, Fire Prevention and Protection, of Title 9, Building Regulations; and enacting in lieu thereof a new Subsection A, Fees, of Section 9-2A-12, Services, of Article A, Fire Prevention Inspections, of Chapter 2, Fire Prevention and Protection, of Title 9, Building Regulations (adding aerial response fees). Motion-to receive,file, consider and pass for the first time. Motion-to suspend the rules. Motion-to consider and pass for the second and third times and adopt ordinance. May 15, 2006 \... . Page 6 NEW BUSINESS 21. Resolution-to approve communication from Superintendent of Traffic Operations transmitting recommendation of installation of street lights on the southwest corner of William Drive and Crusade Drive and on the northeast corner of William Drive and Luxley Drive. 22. Rehabilitation of Runway 12-30 at the Waterloo Regional Airport. Motion-to instruct Airport 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 June 5, 2006. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, May 15, 2006 4:50 p.m. -Public Works Committee, Council Chambers 4:55 p.m. - Public Safety Committee, Council Chambers 5:00 p.m. -Finance Committee, Council Chambers PUBLIC INFORMATION 1. Civil Service Commission minutes of April 7, 2006 on file in the City Clerk's office. 2. Waterloo Public Library Board of Trustees minutes of April 10, 2006 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. F.Y. 2005 Winn Street Extension, Contract No. 692. Pay estimate No. 4 to Northern Escrow in the total amount due of$54,920.35. 2. 18th Street Bridge & Approach Roadway, Contract No. 622. Pay estimate No. 37 to Peterson Contractors in the total amount due of$37,240.82. Council Work Session May 11, 2006 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, MAY 8, 2006 CITY OF WATERLOO GOALS 1. Enhance the economic well-being of Waterloo by emphasizing economic development as the top priority for the City Council, resulting in an expanded tax base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Adopt the International Property Maintenance Code to improve the health, safety and appearance of the City. 6. Seek additional opportunities to share services and resources with other government entities. 7. Work toward lowering the overall property tax rate for Waterloo. 8. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. General Rules for Public Participation 1. You may address anu 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. May 8, 2006 Page 2 Minutes of May 1, 2006, Regular Session, as proposed. Swearing-in of the following Police Officers: Jason Paul Chopard, Jamie Michael Sullivan, Melissa Sue Hansen and Jeremy Dale Copp. Proclamation declaring May 14-20, 2006 as National Police Week. Proclamation declaring May 13, 2006 as Letter Carrier Food Drive Day. 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 City Engineer transmitting request of John P. Huff, Jr. for a waiver for a concrete driveway to be located at 602 Ansborough Avenue on Stratford Avenue, together with recommendation of approval. 3. Communication from City Engineer transmitting request of Theodore Keys for a waiver for a concrete driveway to be located at 1117 Fulton Street, together with recommendation of approval. b. Motion-to approve the following: 1. Communication from Leisure Services Director transmitting recommendation of appointment of Jacob Schaefer to the position of Recreation Specialist, effective May 9, 2006. 2. Communication from Community Planning & Development Director transmitting recommendation of appointment of Mark Boesen to the position of Manager of Rehabilitation Services, effective May 30, 2006. 3. Rudy Jones, Community Development Director, to attend Iowa NAHRO Annual Conference in Waterloo, Iowa on April 19-21, 2006, with costs not to exceed $225.00, including use of city vehicle. 4. Brice Lippert, Police Officer, to attend Defensive Tactics School in Johnston, Iowa on May 15-19, 2006, with costs not to exceed $563.00, including use of city vehicle. May 8, 2006 Page 3 c. Beer License Permit Application Class B Pizza Hut, 2825 Crossroads Boulevard (Renewal) (Expires 6/7/07) (Includes Sunday Sales) d. Beer/Wine License Permit Application Special Class C Mauer Esthetic Center, 3410 Kimball Avenue (New) (Expires 4/24/07) e. Liquor License Permit Application Class B Ramada Inn, 205 West 4th Street (Renewal) (Expires 4/30/07) (Includes Sunday Sales) f Beer/Liquor License Permit Application Class C Smitty's Bar, 709 Jefferson Street (Renewal) (Expires 5/26/07) (Includes Sunday Sales) Five Sullivan Brothers Convention Center, 200 West 4th Street (Renewal) (Expires 4/30/07) (Includes Sunday Sales) Olive Garden Italian Restaurant, 1315 E. San Marnan Drive (Renewal) (Expires 5/28/07) (Includes Sunday Sales) Golden China Restaurant, 2046 E. Ridgeway Avenue (Renewal) (Expires 5/4/07) (Includes Sunday Sales) g. Outdoor Service Area Application Smitty's Bar, 709 Jefferson Street Beck's Pub & Grille, 3295 University Avenue for May 13, 2006 h. Bonds. HEARINGS AND BIDS 2. F.Y. 2006 VGM Expansion Road, Contract No. 704. 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,file and instruct City Clerk to open and read bids and refer to City Engineer for review. May 8, 2006 Page 4 3. F.Y. 2006 E. San Marnan Drive Paving Improvements -Penneys St. to LaPorte Rd., Contract No. 698. 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,file and instruct City Clerk to open and read bids and refer to City Engineer for review. 4. Replacement of Voice Mail Systems at City Hall, Fire Rescue, Leisure Services, Library and Center For The Arts. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to confirm approval of request for proposal document. Resolution-to authorize to proceed. Resolution-to approve communication from Manager of Information Services transmitting recommendation of award of contract in the amount of$37,348.00 to Schmitt Telecom Partners of Waterloo, Iowa. HEARINGS 5. Amendment to FY2005-FY2009 Five-Year Consolidated Plan and FY2006 One- Year Action Plan for U.S. Department of Housing and Urban 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 Community Development Board and oral and written comments. Resolution-to approve said amendment and authorize submission to U.S. Department of Housing and Urban Development. 6. Site plan amendment to the "R-3,R-P"Planned Residence District for property generally located at 3216 Thistledown Drive and 5309-5311 Blue Bonnet Drive for construction of a 26'x 62'garage, a 26'x 26'garage and two small sheds for the senior housing complex—Grace Elliott. 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. Resolution-to approve said site plan amendment. May 8, 2006 Page 5 7. Rezone from "C-P"Planned Commercial to "C-3" Commercial District property generally located between the Cedar River and Jefferson Street, between West 5th Street and West 6th Street, the northerly corner of West 5th Street and Jefferson Street and the easterly corner of West 6th Street and Commercial Street. 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. 8. Rezone from "C-1" Commercial District to "C-1,C Z" Conditional Zoning District property generally located at 956-958 West Parker Street to legalize the existing auto sales with incidental repair shop and taxi business Brian Tressler. 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. 9. Amendment to Development Agreement with ConAgra Foods Company, Inc. (Hunt Wesson)for Phase II for construction of 200,000 sq.ft. additional warehousing and production space for property generally located at 2701 MidPort Boulevard, with minimum assessment of$13 million, tax abatements for 20 years and right of first refusal on the additional 25 acres to the east of the plant site. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to approve said amendment to development agreement. REPORTS 10. Motion-to receive and file communication from City Engineer transmitting Annual Report for NPDES Permit No. 07-90-0-02 for the Storm Water Management Program. DOCUMENTS 11. Resolution-to approve communication from Police Chief transmitting one-year agreement with Silver Eagle Harley-Davidson/Buell to lease two Harley-Davidson police motorcycles at a cost of$850.00 per motorcycle per year. May 8, 2006 \... 4 Page 6 12. Resolution-to approve communication from Police Chief transmitting award agreement with Department of Justice Office of Justice Programs-Bureau of Justice Assistance for FY 2006 Edward Byrne Memorial Justice Grant (JAG) in the amount of$59,695.00, with no required match, to be used for funding the Tri-County Drug Task Force. 13. Resolution-to approve communication from Superintendent of Traffic Operations transmitting agreement with Iowa Department of Transportation for Traffic Safety Funds grant in the amount of$50,000.00 to conduct traffic safety study at the intersection of San Marnan Drive and Flammang Drive. 14. Resolution-to approve communication from Community Development Director transmitting Master Contract and Funding Agreement with Iowa Department of Economic Development (IDED)for HOME Investment Partnership Program funds in the amount of$100,000.00 for homeownership assistance to ten households. 15. Resolution-to approve communication from Assistant City Attorney transmitting Acknowledge/Settlement Agreement in the amount of$300.00 with Pit Stop, 1459 Ansborough Avenue,for selling tobacco, tobacco products or cigarettes to any person under eighteen years of age. RESOLUTIONS TO BE ADOPTED 16. Resolution-to approve communication from Human Resources Director transmitting 3 percent salary increase for non-bargaining employees effective July 1, 2006 and to discontinue additional payments to the Voluntary Employees Beneficiary Association (VEBA)for full time non-bargaining employees. 17. Resolution-to set date of hearing as May 22, 2006 on amendments to FYE2006 Budget. 18. Resolution-to designate the week of May 14, 2006 as National Police Week and May 16, 2006 as Peace Officer's Memorial Day and authorize that flags on all city facilities be flown at half-staff on Peace Officer's Memorial Day. 19. Resolution-to elect classifications and procedures for proposed bond projects listed in the Requested G.O. Bond 2007 Summary. • May 8, 2006 Page 7 20. Resolution-to fix date of hearing as May 22, 2006 on the issuance of not to exceed $4,155,000.00 General Obligation Bonds for Essential Corporate Purposes to pay costs of acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control and drainage improvements; construction, reconstruction and repairing of street, sidewalk and intersection improvements; improvement and repair of bridges; acquisition, construction and installation of storm sewer and sanitary sewer improvements; acquisition of vehicles and capital equipment for the Police, Fire Rescue and Street Departments; acquisition, rehabilitation and demolition of abandoned, dilapidated or dangerous buildings; rehabilitation and improvement of city parks and acquisition, repair and replacement of facilities, equipment and improvements in city parks, including bikeway development, tennis court improvements and mowing equipment; acquisition, improvement and installation of traffic control devices, signage,futures and equipment, including traffic signal and street light improvements; and acquisition and improving of the automated GIS/GPS mapping system. 21. Resolution-to fix date of hearing as May 22, 2006 on the issuance of not to exceed $1,680,000.00 General Obligation Bonds for Essential Corporate Purposes to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities and the Urban Renewal Plans for the San Marnan Urban Renewal Area, the Logan Tax Increment Redevelopment Area and the Rath Tax Increment Redevelopment Area, including consulting fees and other planning expenses, property acquisitions and clearance for public and private development, and incentive payments relating to acquisition and private redevelopment of properties within such areas. 22. Resolution-to fix date of hearing as May 22, 2006 on the issuance of not to exceed $700,000.00 General Obligation Bonds to pay costs for reconstruction, remodeling, improvement and repairing of city buildings and facilities, including the Five Sullivan Brothers Convention Center, Young Arena, Youth Pavilion, Center for the Arts, the roofs of various city buildings and facilities, the Police Department, Fire Station, Street Department and Public Library. 23. Resolution-to fix date of hearing as May 22, 2006 on the issuance of not to exceed $590,000.00 General Obligation Bonds to pay costs of reconstruction, remodeling, repair and improvement of city buildings and facilities, including downtown parking garages and the Central Garage facilities; acquisition of capital equipment and vehicles for various city departments and operations; and reconstruction and improvement of city golf courses. 24. Resolution-to fix date of hearing as May 22, 2006 on the issuance of not to exceed $475,000.00 General Obligation Bonds to pay costs of reconstruction, renovation and improvement of Riverfront Stadium, swimming pools and sports facilities; and improvements to the Center For The Arts. May 8, 2006 L \.,, Page 8 ` 25. Resolution-to fix date of hearing as May 22, 2006 on the authorization of a loan agreement and issuance of not to exceed $450,000.00 General Obligation Capital Loan Notes for a General Corporate Purpose to pay costs of funding termination payments to retiring employees, including accrued vacation and sick leave obligations. ORDINANCES TO BE ADOPTED 26. An ordinance vacating an alley generally located between West 4th and West 5th Streets, north of Bluff Street and rescinding Ordinance No. 4806 in its entirety (correcting typo in published ordinance). 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. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, May 8, 2006 4:50 p.m. -Building and Grounds Committee, Council Chambers 4:55 p.m. -Public Works Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Planning, Programming and Zoning Commission minutes of April 4, 2006 on file in the City Clerk's office. 2. Tri-County Drug Enforcement Task Force Board minutes of April 3, 2006 on file in the City Clerk's office. 3. Black Hawk County Solid Waste Management Commission minutes of March 23, 2006 on file in the City Clerk's office. 4. Communication from Police Chief transmitting recommendation of appointment of Jason Paul Chopard, Jamie Michael Sullivan, Melissa Sue Hansen and Jeremy Dale Copp to the position of Police Officer, effective May 8, 2006. May 8, 2006 Page 9 5. Communication from Police Captain transmitting administrative leave of Ronald DeVoll, Police Officer, effective April 29, 2006, together with recommendation of payment of$1,952.25 for unused vacation time. CONTRACT PAYMENT SCHEDULE 1. F.Y. 2005 Street Reconstruction Program, Contract No. 687. Pay estimate No. 18 to Aspro Inc. in the total amount due of$8,095.85. 2. F.Y. 2006 Street Reconstruction Program, Contract No. 705. Pay estimate No. 2 to Aspro Inc. in the total amount due of$124,239.28. 3. Demolition of 230 Gable, 1720 Locke & 642 W. Donald, 141-D-GO-02-10-06. Pay Kayser Plumbing, Heating & Excavating in the total amount due of $11,945.00. Council Work Session May 4, 2006 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, MAY 1, 2006 CITY OF WATERLOO GOALS 1. Enhance the economic well-being of Waterloo by emphasizing economic development as the top priority for the City Council, resulting in an expanded tax base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Adopt the International Property Maintenance Code to improve the health, safety and appearance of the City. 6. Seek additional opportunities to share services and resources with other government entities. 7. Work toward lowering the overall property tax rate for Waterloo. 8. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. General Rules for Public Participation 1. You may address any item on the agenda by stepping to the podium, and after recognition by the chair, state your name, address and group affiliation(if appropriate)and speak clearly into the microphone. 2. You may speak one(1)time per item for a maximum of three(3)minutes. 3. Although not required by city code of ordinances, oral presentations may be allowed at the Mayor's discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1)issue per meeting for a maximum of three (3)minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 4. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 5. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 6. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Councilperson Reggie Schmitt. Agenda, as proposed or amended. May 1, 2006 Page 2 Minutes of April 24, 2006, Regular Session, as proposed. Proclamation declaring May 2006 as Adolescent Pregnancy Prevention 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. 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. Resolution-to approve communication from City Engineer transmitting request of Joshua Hubrig for a waiver for a concrete driveway to be located at 4170 North Avenue, together with recommendation of approval. 3. Resolution-to approve communication from Police Chief transmitting request of Rolling Thunders® Inc., Iowa Chapter#1 to hold Prisoner of War-Missing in Action Recognition Day on September 15, 2006 from 6:30 p.m. - 7:30 p.m. at Veterans Memorial Hall and Soldiers and Sailors Park and to block off Cedar Street between West 4th and West 5th Streets. 4. Resolution-to approve communication from Police Chief transmitting request of Cedar Bend Humane Society to hold Dollars for Dogs event on May 20, 2006 from 11:00 a.m. - 3:00 p.m. at Hammond and Ridgeway Avenues, the Six Corners and Ansborough Avenue and Black Hawk Road. b. Motion to approve the following: 1. Greg Bagsby, Rehabilitation Specialist, to attend NITON XRF Training on Lead- Based Paint Detection in Minneapolis, Minnesota on May 10-11, 2006, with costs not to exceed $289.00, including use of city vehicle. 2. Shane Schellhorn, Firefighter, to attend Extreme Public Education Edition Makeover in Lawrence, Kansas on June 12-15, 2006, with costs not to exceed $795.00, including use of city vehicle. c. Beer/Liquor License Permit Application Class C Diamond Daves Crossroads, 124 Crossroads Boulevard (Renewal) (Expires 5/14/07) (Includes Sunday Sales) Crystyles, 726-728 Logan Avenue (New Owner) (Expires 4/23/07) (Includes Sunday Sales) May 1, 2006 Page 3 d. Vehicle For Hire Business License Application Kips Yellow Cab Inc., 110 West 14th Street e. Theater License Application Mini Cinema 16, 315 East 4th Street f Secondhand Goods Dealer License Application 1205 E. San Martian Drive g. Bonds. HEARINGS 2. Proposed 2nd Amendment to Section 108 Loan Guarantee/BEDI Grant Application for the Cedar Valley Riverfront Renaissance 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 recommendation of approval of Community Development Board and oral and written comments. Resolution-to approve said amendment and authorize submission to U.S. Department of Housing and Urban Development. PETITIONS FROM PUBLIC 3. Resolution-to approve communication from City Planner transmitting request of Cedar Valley Imaging Center for a minor site plan for property generally located at the southwest corner of San Martian Drive and Johnathan Street,just west of the Tower Park office complex, to build approximately 7,000 sq.ft. addition to exiting building. REPORTS 4. Motion-to receive and file communication from General Manager of Waterloo Water Works transmitting Calendar Year 2005 Audit. DOCUMENTS 5. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting Release of Real Estate Mortgage with Tim W. and Cathy L. Van Den Berg for 9443 Kimball Avenue for payment of Promissory Note and Mortgage as part of the Kimball South Rural Water Main Project. 6. Resolution-to approve communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of$300.00 with Chasers Pub, 3005 University Avenue, for selling tobacco, tobacco products or cigarettes to any person under eighteen years of age. May 1, 2006 Page 4 7. Resolution-to approve communication from Associate Engineer transmitting agreement with Union Pacific Railroad Company for construction and maintenance of recreational trail/railroad surface crossing along with needed permanent right- of-way easement in conjunction with F.Y. 2006 Riverwalk Loop Trail-East 6th to 18th (Vinton Street), Contract No. 696. 8. Resolution-to approve communication from Mayor Tim Hurley transmitting confidentiality agreement with Deere & Company and the Greater Cedar Valley Alliance relating to the Cedar Valley Tech Works Project. 9. Resolution-to approve communication from Airport Director transmitting one-year lease agreement with Waterloo Implement to lease a 20'Rotary Mower for $3,000.00 and a 72"Mower for$3,950.00. 10. Resolution-to approve communication from Mayor Hurley transmitting four-year agreement with Planergy Capital LLC for rights to all waste gas produced by the waste deposited and received from the Waterloo Digester. RESOLUTIONS TO BE ADOPTED 11. Resolution-to authorize Mayor Hurley to request the Black Hawk County Supervisor adopt an ordinance which would allow the city to purchase Certificates of Tax Sale and acquire properties through the tax foreclosure process. NEW BUSINESS 12. Resolution-to approve communication from Superintendent of Streets transmitting recommendation of award of contract in the amount of$146,000.00 to Bituminous Materials of Des Moines, Iowa for asphalt emulsion products to be used for this year's Oiling/Seal Coating and Crack Sealing Program. 13. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$2,212.00 for work performed by the Water Works at 215 Webster Street, together with recommendation of approval of Waterloo Water Works Board of Trustees. 14. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$2,265.00 for work performed by the Water Works at 111-113 Linden Avenue, together with recommendation of approval of Waterloo Water Works Board of Trustees. 15. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$2,179.50 for work performed by the Water Works at 413 Riehl Street, together with recommendation of approval of Waterloo Water Works Board of Trustees. May 1, 2006 Page 5 16. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$1,925.00 for work performed by the Water Works at 706 South View Drive, together with recommendation of approval of Waterloo Water Works Board of Trustees. 17. F.Y. 2006 Asphalt Overlay Program, Contract No. 706. 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 May 15, 2006. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, May 1, 2006 4:50 p.m. -Human Resources Committee, Council Chambers 4:55 p.m. - Building and Grounds Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Waterloo Historic Preservation Commission minutes of March 28, 2006 on file in the City Clerk's office. 2. Board of Waterloo Water Works Trustees minutes of April 19, 2006 on file in the City Clerk's office. 3. Waterloo Cultural and Arts Commission Board minutes of February 15, 2006 on file in the City Clerk's office. 4. Northeast Iowa Response Group minutes of March 2, 2006 on file in the City Clerk's office. 5. Waterloo Board of Adjustment minutes of March 28, 2006 on file in the City Clerk's office. May 1, 2006 \-., Page 6 6. Memorial Hall Commission minutes of March 22, 2006 on file in the City Clerk's office. 7. Community Development Board minutes of March 21, 2006 on file in the City Clerk's office.