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HomeMy WebLinkAbout09. September Council Work Session September 28, 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, SEPTEMBER 25, 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: Jim Quint, MIS Director Agenda, as proposed or amended. September 25, 2006 Page 2 Minutes of September 18, 2006, Regular Session, as proposed. Swearing-In of the following Firefighters: Jerry Alan Bjerke, Randall William Schleusner and David James Jensson. Proclamation declaring September 25-30, 2006 as Dollar Wise Week. Proclamation declaring October 8, 2006 as Second Annual Down Syndrome Buddy Walk Day. Proclamation declaring the second week in October 2006 as Earth Science 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. 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 Associate Engineer transmitting request of Happel Excavating, Inc. of Waverly, Iowa for a variance to the Noise Control Ordinance from September 25, 2006 -May 1, 2007 in conjunction with F.Y. 2007 Prescotts Creek Sanitary Sewer and Water Main Extensions, Contract No. 703. 3. Resolution-to approve communication from Assistant City Engineer transmitting request of Aspro, Inc. for a temporary variance to the truck embargo for approximately four days of work through October 13, 2006 on Leversee Road from West Dunkerton Road to 1/4 mile south of Dunkerton Road in conjunction with Rehabilitation of Runway 12-30. 4. Resolution-to approve communication from City Engineer transmitting request of Donald Easton, Jr. for a waiver for an asphalt driveway to be located at 1752 Lark Lane, together with recommendation of approval. 5. Resolution-to approve communication from City Clerk transmitting request of Dennis Clark and Mary Eldridge to burn approximately 2.5 acres of prairie grass located north and south of the pond located at 2204 Ashland Avenue during the time frame of late September through November 30, 2006, together with recommendation of approval of Fire Chief September 25, 2006 Page 3 6. Resolution-to approve communication from Police Chief transmitting request of Rachael Goings to hold Crop Walk on October 1, 2006 starting at 2:00 p.m., with walk to begin and end at Our Savior's Lutheran Church, located at the corner of Magnolia Pkwy. & Harwood. 7. Resolution-to approve communication from Senior Planner transmitting request of Dick Wald for an appeal of the Driveway Specifications prohibiting more than a 26'wide driveway at the back of the sidewalk to allow for a 110' wide driveway at the back of the sidewalk onto West 13th Street on vacant lot generally located southeast of 1420 Black Hawk Street for the construction of a mini-storage building, together with recommendation of denial of Planning, Programming & Zoning Commission. b. Motion-to approve the following: 1. Communication from Mayor Hurley transmitting recommendation of reappointment of Reed Hunemiller, Wayne Magee and Mark Koch to the General Contractor's Board of Licensing, Examiners and Appeals, with term expiration date of July 18, 2009. 2. Rudy Jones, Community Development Director, to attend HUD sponsored ICF Home Rental Housing Training in Des Moines, Iowa on September 26-27, 2006, with costs not to exceed $312.00, including use of city vehicle. 3. Christopher Leach, Rehabilitation Specialist, to attend IAHO Fall Conference and Training Course in Waterloo, Iowa on October 5-6, 2006, with costs not to exceed $125.00, including use of city vehicle. c. Beer License Permit Application Class B Gates Park Golf Course, 820 E. Donald Street (Renewal) (Expires 10/04/07) (Includes Sunday Sales) d. Beer License Permit Application Class C Kwik Trip, 506 West 9th Street (Renewal) (Expires 11/19/07) (Includes Sunday Sales) Sunrise, 1027 East 4th Street (Renewal) (Expires 9/14/07) (Includes Sunday Sales) e. Wine License Permit Application Class B Sunrise, 1027 East 4th Street (Renewal) (Expires 9/14/07) (Includes Sunday Sales) f Outdoor Service Area Application Gates Park Golf Course, 820 E. Donald Street September 25, 2006 \.•- Page 4 ' g. Cigarette/Tobacco Permit Application El Carnaval Latino, 708 Jefferson Street h. Bonds. HEARINGS AND BIDS 2 Rental of Four Road Graders. 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, 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 Streets for review. UNFINISHED BUSINESS 3. Purchase of Emergency Generators for Fire Stations #1, #3, #4, #5, #6 and #8. Resolution-to approve communication from Fire Chief transmitting recommendation to reject all bids and requesting authorization to seek new bids and set date of hearing as October 9, 2006. 4. Iowa 21/Orange Road Tragic Safety Improvements. Resolution-to approve communication from Superintendent of Traffic Operations transmitting recommendation of award of contract in the amount of$854,782.38 to Peterson Contractors, Inc. of Reinbeck, Iowa. 5. Purchase of Four Pick-Up Trucks. Resolution-to approve communication from Superintendent of Central Garage transmitting recommendation to award bid in the amount of$92,704.00 to Witham Ford of Waterloo, Iowa and to rescind the award of bid in the amount of $91,826.00 to Community Motors. PETITIONS FROM PUBLIC 6. Resolution-to approve communication from Senior Planner transmitting request of Affordable Housing, LLC to rezone from "R-2" One and Two Family Residence District to "R-3" Multiple Residence District property generally located at 65 Conger Street to legalize an existing 8-unit apartment building, together with recommendation of approval of Planning, Programming and Zoning Commission. Set date of hearing as October 16, 2006. September 25, 2006 Page 5 7. Resolution-to approve communication from Senior Planner transmitting request of Beaver Valley Nursery & Landscape to rezone from "A-1"Agricultural District to "B-P"Business Park District approximately 77 acres generally located at the southeast corner of Sergeant Road and Ranchero Road,just south of 2424 Ranchero Road for future commercial development, together with recommendation of approval of Planning, Programming and Zoning Commission. Set date of hearing as October 16, 2006. REPORTS 8. Resolution-to approve communication from Chief Financial Officer transmitting 2006 Annual Financial Report for City Streets to be filed with the Iowa Department of Transportation. 9. Resolution-to approve communication from Community Development Director transmitting request to submit Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development for the CDBG and HOME Program for the period of July 1, 2005 through June 30, 2006. DOCUMENTS 10. Resolution-to approve communication from Leisure Services Director transmitting agreement in the amount of$17,900.00 with Ament, Inc. of Waterloo, Iowa for design and engineering services in conjunction with construction of a new storage building at 1101 Campbell Avenue (Byrnes Park). 11. Resolution-to approve communication from Leisure Services Director transmitting agreement in the amount of$7,500.00 with Ament, Inc. of Waterloo, Iowa for design and engineering services in conjunction with Riverfront Stadium Grandstand Roof Project. 12. Resolution-to approve communication from Leisure Services Director transmitting agreement in the amount of$16,800.00 with Invision Architecture of Waterloo, Iowa for design services in conjunction with South Hills Pro Shop Renovation project. 13. Resolution-to approve communication from City Planner transmitting agreement at a cost of$13,000.00 with Claassen Engineering and Surveying, Inc. to perform preliminary plat in conjunction with development of MidPort America Business Park. 14. Final Plat of Nottingham Heights Addition. Resolution-to approve final plat and necessary documents. • September 25, 2006 . Page 6 15. Resolution-to approve communication from Community Planning & Development Director transmitting application to Iowa Department of Economic Development for a Community Attraction and Tourism grant and committing $400,000.00 financial support towards acquisition and demolition of property as part of the RiverLoop Expo project. 16. Resolution-to approve communication from Community Planning & Development Director transmitting application to Iowa Department of Transportation for Federal Recreational Trails funding for development of a water trail on the Cedar River in downtown Waterloo, with city match of$72,419.00. 17. Resolution-to approve communication from Senior Planner transmitting request of Michelle Dybevik for tax exemptions on improvements totaling $11,978.40 for 810 Kern Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval. 18. Resolution-to approve communication from Community Planning & Development Director transmitting Memorandum of Understanding at a maximum cost of $2,500.00 with Iowa Northland Regional Council of Government to prepare application for Statewide Enhancement Trail Funds for development of a trail between 6th Street and 18th Street on the south side of the Cedar River as part of the River Renaissance Project. 19. Resolution-to approve communication from Community Planning & Development Director transmitting application to Iowa Department of Transportation for Statewide Enhancement funding, with city match of$227,700.00,for development of trail between 6th Street and 18th Street on the south side of the Cedar River as part of the River Renaissance Project. 20. Resolution-to approve communication from Community Planning & Development Director transmitting agreement at a cost of$8,800.00 with Howard R. Green Company of Cedar Rapids, Iowa to prepare applications with U.S. Environmental Protection Agency for Brownfields Cleanup grant in the amount of$200,000.00 and Iowa Department of Economic Development for Iowa Brownfield Redevelopment Program grant in the amount of$200,000.00 to be used for asbestos removal and demolition of a portion of the former Chamberlain site. 21. Resolution-to approve communication from Community Planning & Development Director transmitting application with Economic Development Administration for grant in the amount of$1,236,200.00, with city match of$1,236,200.00, for Commercial Street Tech Works storm water pump station project. 22. Iowa 21/Orange Road Traffic Safety Improvements. Resolution-to approve communication from Superintendent of Traffic Operations transmitting agreement in the amount of$854,782.38 with Peterson Contractors Inc. of Reinbeck, Iowa. September 25, 2006 Page 7 23. Resolution-to approve communication from Superintendent of Traffic Operations transmitting Professional Services Agreement at a cost of$70,000.00 for construction review services with Earth Tech of Waterloo, in conjunction with Iowa 21/Orange Road Traffic Safety Improvements Project. 24. Preliminary Plat of Lost Island East Addition. Resolution-to approve preliminary plat and necessary documents. 25. Resolution-to approve communication from City Planner transmitting Utility Easement Agreement with The Rose of Waterloo, L.P.for public sanitary sewer line generally located at the corner of Oak and Franklin Streets. 26. Resolution-to approve communication from City Planner transmitting Assignment and Assumption Agreement with Lockard Development, Inc. and Cedar Valley HQ, L.C. as part of the construction of 13,200 sq.ft., $2.1 million professional office building in the Tower Park Office Complex area. 27. Resolution-to approve communication from Community Planning & Development Director transmitting approval of proposal in the amount of$8,150.00 from Frickson Brothers Excavating to demolish 1024 Sycamore Street. ORDINANCES TO BE ADOPTED 28. An ordinance amending the 2003 Traffic Code by: repealing Subsection (25) Wellington Street of Section 579, No Parking Any Time Except Sunday; and enacting in lieu thereof a new Subsection (25) Wellington Street of Section 579, No Parking Any Time Except Sunday; and adding Section 580B, No Parking Any Time Except Sunday and Friday P.M. (allowing parking on the north side of Wellington Street between West 1st and West 2nd Streets on Sunday and Friday p.m). Motion-to table indefinitely. 29. An ordinance amending the 2003 Traffic Code by: repealing Subsection (415) Wellington Street of Section 551, Parking Prohibited At All Times on Certain Streets; and enacting in lieu thereof a new Subsection (415) Wellington Street of Section 551, Parking Prohibited At All Times on Certain Streets; and repealing Subsection (25) Wellington Street of Section 579, No Parking Any Time Except Sunday; and enacting in lieu thereof a new Subsection (25) Wellington Street of Section 579, No Parking Any Time Except Sunday (prohibiting parking on the north side of the 200 block of Wellington Street and authorize 'No Parking Any Time' signs be installed). 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. September 25, 2006 Page 8 NEW BUSINESS 30. Resolution-to approve communication from Senior Planner transmitting amendments to the Zoning Ordinance, Ordinance No. 2479, as amended, as it pertains to signage for strip developments or strip malls, double frontage lots, projections, schedule of fees and fee structure, together with recommendation of approval of Planning, Programming and Zoning Commission. Set date of hearing as October 16, 2006. ORAL PRESENTATIONS Motion-to receive and file oral comments. Motion-to adjourn to Executive Session. EXECUTIVE SESSION 1. Discussion of Earl Baugh lawsuit pursuant to Iowa Code Section 21.5(1)(c)(2005). Motion-to adjourn Executive Session. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, September 25, 2006 3:45 p.m. -Boards and Commissions, Council Chambers 3:50 p.m. - Building and Grounds Committee, Council Chambers 3:55 p.m. - Public Works Committee, Council Chambers 4:00 p.m. - Finance Committee, Council Chambers 4:15 p.m. - Council Work Session, Council Chambers 4:45 p.m. - Council Work Session, Council Chambers PUBLIC INFORMATION 1. Waterloo Convention & Visitors Bureau Board minutes of August 15, 2006 on file in the City Clerk's office. 2. Waterloo Housing Authority minutes of July 20, 2006 on file in the City Clerk's office. 3. Waterloo Leisure Services Commission minutes of August 8, 2006 on file in the City Clerk's office. September 25, 2006 Page 9 CONTRACT PAYMENT SCHEDULE 1. F.Y. 2006 Asphalt Overlay Project, Contract No. 706. Pay estimate No. 8 to Aspro in the total amount due of$295,621.39. 2. F.Y. 2005 Street Reconstruction Project, Contract No. 687. Pay estimate No. 27 to Aspro in the total amount due of$9,688.73. 3. F.Y. 2006 Street Reconstruction Project, Contract No. 705. Pay estimate No. 10 to Aspro in the total amount due of$133,498.52. 4. F.Y. 2006 E. San Martian Drive Paving Improvements, Contract No. 698. Pay estimate No. 7 to K. Cunningham Construction Co. Inc. in the total due of $224,231.52. 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. 19 to Earth Tech in the total amount due of$40,820.64. 6. F.Y. 2007 Waterloo Exposition, Phase I, Contract No. 721. Pay estimate No. 1 to Craig Ritland Landscape Architect in the total amount due of $15,946.00. 7. Brownfields Area Demolition, Contract No. 708. Pay estimate No. 2 to Summers'Enterprises in the total amount due of$56,010.81. COUNCIL WORK SESSION September 25, 2006 4:15 —4:45 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed. 1. Review of Human Rights Commission's work and funding—Executive Director of Human Rights. ADJOURNMENT Nancy Eckert City Clerk COUNCIL WORK SESSION September 25, 2006 4:45 - 5:15 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed. 1. Update on Expo Project—Community Planning & Development Director. ADJOURNMENT Nancy Eckert City Clerk BOARDS AND COMMISSIONS September 25, 2006 3:45 —3:50 p.m. Council Chambers Roll Call: Members: Chairperson Bob Greenwood Eric Gunderson Harold Getty Approval of Agenda, as proposed. NEW BUSINESS 1. Approval of Mayor Hurley's recommendation of reappointment of Reed Hunemiller, Wayne Magee and Mark Koch to the General Contractor's Board of Licensing, Examiners and Appeals, with term expiration date of July 18, 2009. ADJOURNMENT Nancy Eckert City Clerk Council Work Session September 21, 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, SEPTEMBER 18, 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: Mark Rice, Superintendent of Central Garage. Agenda, as proposed or amended. September 18, 2006 Page 2 . Minutes of September 12, 2006, 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. 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 Clerk transmitting request of the Iowa Democratic Party for a variance to the Noise Ordinance on September 24, 2006 from 12:00 Noon to 6:00 p.m. in conjunction with event to be held at Gates Park, including a PA system and DJ, together with recommendation of approval of Police Chief b. Motion-to approve the following: 1. Eric Thorson, City Engineer, to attend American Public Works Association Iowa Chapter 2006 Fall Conference in Des Moines, Iowa on September 20-22, 2006, with costs not to exceed $373.00, including use of city vehicle. 2. Donna Lesyshen, Waterloo Housing Partnership Coordinator, to attend Iowa Housing Conference Building A Framework for Success in Des Moines, Iowa on September 19-20, 2006, with costs not to exceed $374.00, including use of city vehicle. 3. Paul Huting, Leisure Services Director, to attend Iowa Park & Recreation Association Fall Workshop in Fort Dodge, Iowa on September 19-21, 2006, with costs not to exceed $303.00, including use of city vehicle. 4. Don Temeyer, Community Planning & Development Director; and Chris Western, Associate Planner; to attend Brownfields 2006 Conference in Boston, Massachusetts on November 12-15, 2006, with costs not to exceed $1,397.00 each. 5. Eleven Public Safety Officers to attend Law Enforcement Intelligence Network Conference in Des Moines, Iowa on October 15-18, 2006, with costs not to exceed $5,198.00, including use of city vehicle. 6. Waterloo Commission on Human Rights & Waterloo Center For The Arts to hold Cultural & Arts Festival in Waterloo, Iowa on September 21, 2006, with costs not to exceed $750.00. September 18, 2006 _ Page 3 7. Rhonda Weber, Police Officer, to attend MO National Homicide Seminar in Kansas City, Missouri on October 15-19, 2006, with costs not to exceed $1,120.56. 8. Robert Duncan and Stacy Hogle, Police Officers, to attend Statement Analysis and Forensic Interviewing Techniques in Waterloo, Iowa on October 23-27, 2006, with costs not to exceed $590.00. c. Beer/Liquor License Permit Application Class C El Carnaval Latino, 708 Jefferson Street (New) (Expires 10/01/07) (Includes Sunday Sales) The Penalty Box, 118 Commercial Street (Renewal) (Expires 9/18/07) (Includes Sunday Sales) Casey's 218 Pub, 4010-4018 University Avenue (Renewal) (Expires 9/30/07) (Includes Sunday Sales) d. Liquor License Permit Application Class E Liquor and Tobacco Outlet, 508 Broadway Street (New Owner) (Expires 9/19/07) (Includes Sunday Sales) e. Wine License Permit Application Class B Liquor and Tobacco Outlet, 508 Broadway Street (New Owner) (Expires 9/19/07) (Includes Sunday Sales) f Beer License Permit Application Class C Liquor and Tobacco Outlet, 508 Broadway Street (New Owner) (Expires 9/19/07) (Includes Sunday Sales) g. Fireworks Display Application Columbus High School Homecoming Football Game on September 29, 2006 h. Bonds. HEARINGS AND BIDS 2. U.S. 20 and Iowa 21 Ramps Traffic Signalization, STP-U-8155(675)-27-07. Motion-to receive and file proof of publication of notice of 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 9/19/06.) September 18, 2006 Page 4 HEARINGS 3. Rezone from "A-1"Agricultural District and "R-2" One and Two Family Residence District to "R-4" Multiple Residence District for purpose of multi family residential development on property generally located east of 1012 Lois Lane, south of Bethel Street and north of 1913 Schukei Road—Shadow Creek Crossing L.C. 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 & Zoning Commission and oral and written comments. Motion-to receive,file, consider and pass for the first time. Motion-to suspend the rules. Motion-to consider and pass for the second and third times and adopt ordinance. 4. Site plan amendment to the "S-1" Shopping Center District for construction of a hotel development on the lot generally located just south of the new Hampton Inn, located on the northwest corner of Bopp Street and LaPorte Road—Atul Patel. 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 & Zoning Commission and oral and written comments. Resolution-to approve said site plan amendment. UNFINISHED BUSINESS 5. F.Y. 2007 Kimball Avenue A.D.A. Pedestrian Way, Contract No. 711. Resolution-to approve communication from Associate Engineer transmitting recommendation of award of contract in the amount of$75,167.00 to Borwig Building Service, Inc. of Waterloo, Iowa. DOCUMENTS 6. Resolution-to approve communication from Senior Planner transmitting request of Jim Rhodenbaugh for tax exemptions on improvements totaling $120,000.00 for 1251 Lucas Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval. 7. Resolution-to approve communication from Senior Planner transmitting request of James Smith for tax exemptions on improvements totaling $145,699.00 for 305 Hallowell Road located in the Consolidated Urban Revitalization Area, together with recommendation of approval. 8. Resolution-to approve communication from Senior Planner transmitting request of Phillip Caldwell for tax exemptions on improvements totaling $70,000.00 for 209 Candlewick Road located in the Consolidated Urban Revitalization Area, together with recommendation of approval. September 18, 2006 Page 5 9. Resolution-to approve communication from Senior Planner transmitting request of Izet Omeragic for tax exemptions on improvements totaling $11,978.00 Bertch Avenue located in the Consolidated Urban Revitalization Area,together with recommendation of approval. 10. F.Y. 2007 Kimball Avenue A.D.A. Pedestrian Way, Contract No. 711. Resolution-to approve communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of$75,167.00 with Borwig Building Service, Inc. of Waterloo, Iowa. 11. Resolution-to approve communication from City Planner transmitting Development Agreement with Young Development Co., L.C. (Company) to develop 9,600 sq.ft. building on 1.5 acre site along Highway 63,just southeast of the Wilbert Burial Vault site on east side of Mamie Avenue, with new taxable value of$450,000.00 and reimbursement for the $90,000.00 cost of the land over seven years. 12. Resolution-to approve communication from City Clerk transmitting application with Iowa Department of Transportation to place signs within State Highway Right of Way to allow Five Star Snow Trails Association to place snowmobile trail signs on city right-of-way. 13. Resolution-to approve communication from Associate Engineer transmitting Professional Services Agreement with Earth Tech to provide construction related services at a cost of$85,000.00 in conjunction with Riverwalk Loop Trail, East 6th to 18th Street, Contract No. 696. 14. Resolution-to approve communication from Senior Planner transmitting request for a variance to the requirements of the Subdivision Ordinance in Section 2.3(1)Final Plat Submittal, Section 5.1 Preliminary Plat requirements and Section 5.2 Final Plat requirements for Preliminary and Final Plat of Shadow Creek Crossing Plat of Survey. 15. Preliminary Plat of Shadow Creek Crossing Plat of Survey. Resolution-to approve preliminary plat and necessary documents. 16. Final Plat of Shadow Creek Crossing Plat of Survey. Resolution-to approve final plat and necessary documents. 17. Resolution-to approve communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Summers' Enterprise of Masonville, Iowa in the amount of$170,930.00 in conjunction with F.Y. 2006 Rath Brownfields Area Demolition, Contract No. 708. • September 18, 2006 . Page 6 RESOLUTIONS TO BE ADOPTED 18. Resolution-to name the following streets within the proposed Shadow Creek Crossing Development as Huntley Lane, Governor Court, Destin Drive, Crown Court, Talcott Court and Creekside Court and to name the private street extension of Lois Lane from the east end of existing Lois Lane to its dead end just east of the extension of Schukei Road as Lois Lane; and the public street extension of Schukei Road from the north end of existing Schukei Road to existing Bethel Street as Schukei Road and to rename a portion of the existing public street Bethel Street south of its intersection with Kaplan Drive as Schukei Road. 19. Resolution-to authorize the City Clerk to certify against 420-422 Locust Street demolition costs of$2,227.99 and 618-620 West 3rd Street unpaid demolition costs of$687.79. ORDINANCES TO BE ADOPTED 20. Vacation, sale and conveyance for$1.00 a portion of the southerly right-of-way generally located along San Marnan Drive from Ansborough Avenue west to Galactic Drive to allow for increased parking at the VGM professional office complex—VGM Management, Ltd. Motion-to receive,file, consider and pass for the third time and adopt ordinance. Resolution-to authorize said sale and conveyance. 21. An ordinance amending the 2003 Traffic Code by: repealing Subsection (25) Wellington Street of Section 579, No Parking Any Time Except Sunday; and enacting in lieu thereof a new Subsection (25) Wellington Street of Section 579, No Parking Any Time Except Sunday; and adding Section 580B, No Parking Any Time Except Sunday and Friday P.M. (allowing parking on the north side of Wellington Street between West 1st and West 2nd Streets on Sunday and Friday p.m). 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. 22. An ordinance amending the 2003 Traffic Code to stop traffic on both sides of the T- intersection of the Kimball Avenue Access and no-name street by the Walgreen's entrance. 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. . September 18, 2006 Page 7 NEW BUSINESS 23. F.Y. 2007 Fire Training Center Burn Pad and Burn Tower Paving, Contract No. 715. 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 October 2, 2006. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, September 18, 2006 4:50 p.m. - Public Works Committee, Council Chambers 4:55 p.m. -Building and Grounds Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Communication from Police Chief transmitting retirement of David Taylor, Police Lieutenant, effective August 12, 2005, together with recommendation of payment of $708.96 for unused frozen sick time. 2. Communication from Library Director transmitting retirement of Joyce Kolpek, Library Aide, effective September 2, 2006, together with recommendation of payment of$2,089.23 for unused vacation time. 3. 911 Board minutes of August 2, 2006 on file in the City Clerk's office. 4. Consolidated Public Safety Communications Center Board minutes of August 2, 2006 on file in the City Clerk's office. 5. Black Hawk County Criminal Justice Information System Board of Directors minutes of August 2, 2006 on file in the City Clerk's office. 6. Planning, Programming and Zoning Commission minutes of August 1, 2006 on file in the City Clerk's office. September 18, 2006 .... Page 8 7. Waterloo Public Library Board of Trustees minutes of August 14, 2006 on file in the City Clerk's office. 8. Municipal Telecommunications Utility Board minutes of April 11, May 9, June 27 and August 8, 2006 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. Asbestos Removal for 103-107 East 7th Street, Contract No. 123 AR-10-17-05. Pay estimate No. 1 to Advanced Technologies in the total amount due of$1,230.00. 2. F.Y. 2007 Flood Control Riprap Spraying. Pay estimate No. 1 to Control Services in the total amount due of$18,050.00. 3. San Marnan Traffic Improvements, Phase III, Contract No. 702. Pay estimate No. 1 to Kirkham Michael in the total amount due of$2,087.70. 4. Demolition of 520 Mobile Street, Contract No. 141. Pay retainage to Lehman Trucking & Excavating, Inc. in the total amount due of $820.00. Council Work Session September 14, 2006 8:30 a.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Discussion of the Expo Project. Motion—to adjourn. Nancy Eckert City Clerk Council Work Session September 14, 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, SEPTEMBER 11, 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: Mark Rice, Superintendent of Central Garage. Agenda, as proposed or amended. September 11, 2006 Page 2 Minutes of August 28, 2006, Regular Session, as proposed. Presentation by Main Street Waterloo extending Employees'Appreciation Night at FridayLoo on September 15, 2006. Proclamation memorializing the men, women and children who lost their lives on September 11, 2001. Proclamation declaring September 15, 2006 as Prisoner-of-War/Missing-In Action Recognition Day. Proclamation congratulating Exceptional Persons, Inc. and the Children and Family Services program on the opening of the EPI Deery Center. 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 Aspro, Inc. of Waterloo, Iowa for a variance to the Noise Control Ordinance from September 18 - October 31, 2006 for work to be performed on an Iowa Department of Transportation project on University Avenue between Midway Drive and U.S. 63. 3. Communication from Police Chief transmitting request of East High School to hold Homecoming Parade on October 13, 2006 beginning at approximately 2:40 p.m. and ending at approximately 3:30 p.m., with route to begin on north side of East High School, going west on East 4th Street, southbound until reaching East 4th and Sycamore Streets, east on Sycamore to East 6th Street returning to East High School. 4. Communication from Police Chief transmitting request of West High School to hold Homecoming Parade on September 22, 2006 from approximately 2:00 p.m. to 2:30 p.m., with route to start from the west side of parking lot traveling west on E. Ridgeway Avenue, north on Kimball Avenue, east on Easton, south on Baltimore and west on E. Ridgeway to the west parking lot. 5. Communication from Police Chief transmitting request of Grout Museum District to hold Tall Grass Prairie Brewfest on September 30, 2006 at Soldier's & Sailor's Park and Cedar Street from 4th Street to 5th Street. September 11, 2006 Page 3 6. Communication from Fire Chief to hold MDA Boot Block on September 1-3, 2006 at 10:00 a.m. to 2:00 p.m. on Franklin & 3rd Streets, Ansborough & Downing Avenues, Kimball & Ridgeway Avenues, and Flammang Drive; and September 4, 2006 on Flammang Drive and San Marnan Drive. b. Motion-to approve the following: 1. Ann Meyer, Police Lieutenant; and Aaron McClelland, Police Officer; to attend 2006 Field Training Officer Conference in West Des Moines, Iowa on September 7-8, 2006, with costs not to exceed $561.00, including use of city vehicle. 2. Michelle Weidner, Chief Financial Officer, to attend New World 2006 Executive Customer Conference in Chicago, Illinois on September 17-19, 2006, with costs not to exceed $1,125.00, including use of city vehicle. 3. Aaron McClelland and Brad Walter, Police Officers, to attend Sudden and In- Custody Deaths Instructor School in Des Moines, Iowa on September 14, 2006, with costs not to exceed $225.00, including use of city vehicle. k.MEND - 4. Mike Dufel and Carl Reninger, Firefighters; Darryl Hartema, Mechanic; and Mike Jenn, Fire Captain; to pick up new rescue pumper and drop off Quint in Appleton, Wisconsin and Weweuwega, Wisconsin on September 13-14, 2006, with costs not to exceed $350.00, including use of city vehicle. 5. Wendy Drinovsky, Systems Administrator; and Jeremy Pohl, Police Officer; to attend Traffic and Criminal Software Statewide User Group Meeting in Des Moines, Iowa on September 14-15, 2006, with costs not to exceed $257.22, including use of city vehicle. 6. Tim Pillack, Police Captain, to attend FBINAA Conference in Lake of the Ozarks, Missouri on September 5-8, 2006, with costs not to exceed $818.89, including use of city vehicle. c. Beer License Permit Application Class C Crossroads BP, 2035 E. Mitchell Avenue (Renewal) (Expires 9/30/07) (Includes Sunday Sales) d. Beer License Permit Application Class B Grout Museum District, 4th Street & Cedar Street (5 days-9/26/06- 9/30/06) e. Beer/Liquor License Permit Application Class C Rudy's Taco, 2401 Falls Avenue (Renewal) (Expires 9/27/07) September 11, 2006 `.. Page 4 Ma Ma Nick's Circle Pizzeria, 1934 Washington Street (Renewal) (Expires 9/9/07) (Includes Sunday Sales) f. Fireworks Display Application Waterloo West High School, Waterloo Memorial Field on September 22, 2006. g. Bonds. HEARINGS AND BIDS 2. F.Y. 2007 Kimball Avenue A.D.A. Pedestrian Way, Contract No. 711. 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 to receive and file and instruct City Clerk to open and read bids and refer to City Engineer for review. 3. Purchase of Emergency Generators for Fire Stations #1, #3, #4, #5, #6 and #8. 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,form of contract, etc. Resolution-to authorize to proceed. Motion-to to receive and file and instruct City Clerk to open and read bids and refer to Fire Chief for review. PETITIONS FROM PUBLIC 4. Resolution-to approve communication from City Planner transmitting request of Atul Patel for a site plan amendment to the "S-1" Shopping Center Commercial District for construction of a hotel development on the lot generally located just south of the new Hampton Inn, located on the northwest corner of Bopp Street and LaPorte Road. Set date of hearing as September 18, 2006. DOCUMENTS 5. Resolution-to approve communication from City Planner transmitting Supplemental Development Agreement with Glennyce Drenner for redevelopment of condominium in the former Winterbottom Supply building located at 25 Westfield Avenue, with a minimum assessment of$159,100.00 and 100 percent tax rebatements for seven years. September 11, 2006 Page 5 6. Resolution-to approve communication from City Planner transmitting Supplemental Development Agreement with Ken Nelson for redevelopment of condominium in the former Winterbottom Supply building located at 25 Westfield Avenue, with a minimum assessment of$205,400.00 and 100 percent tax rebatements for seven years. 7. Resolution-to approve communication from Community Planning & Development Director transmitting Residential Rehabilitation Development Agreement with Maxine Scott for rehabilitation of 219 Sumner Street within six months of issuance of building permits. 8. Resolution-to approve communication from City Planner transmitting Encroachment Agreement with The Rose of Waterloo, L.P.for a portion of the parking lot to be constructed upon the easterly 15 feet of the Utica Street right-of-way. 9. Resolution-to approve communication from City Planner transmitting agreement with Lamar Advertising to extend existing lease for the billboard on property generally located at the corner of West 11th Street and Black Hawk Street for ten- years starting at $900.00 per year with 3 percent increase yearly. 10. Resolution-to approve communication from Leisure Services Director transmitting agreement with Community Foundation of Waterloo Cedar Falls and Northeast Iowa creating a Non-Endowed and Designated Fund for flag poles and flags in Waterloo. 11. Resolution-to approve communication from Director of Cultural&Arts Commission transmitting agreement with the State Historical Society of Iowa for HRDP grant in the amount of$28,500.00 to be used to fund the Grant Wood exhibit in the Junior Art Gallery I. 12. Resolution-to approve communication from Assistant City Engineer transmitting proposal from Howard R. Green at a cost of$14,000.00, plus $0.87 per gallon for removal of underground storage tank on public right-of-way generally located under a paved driveway approach to property formerly addressed as 223 E. 9th Street in conjunction with F.Y. 2006 Brownfields Street Reconstruction Program, Contract No. 686. 13. F.Y. 2007 Riverwalk Loop Trail East 6th to 18th Street, Contract No. 696. Resolution-to approve communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of$954,558.66 with Peterson Contractors, Inc. of Reinbeck, Iowa. RESOLUTIONS TO BE ADOPTED 14. Resolution-to dedicate a portion of property generally located along the southerly side of Shaulis Road for right-of-way purposes. September 11, 2006 �.. Page 6 ORDINANCES TO BE ADOPTED 15. Vacation, sale and conveyance for$1.00 a portion of the southerly right-of-way generally located along San Marnan Drive from Ansborough Avenue west to Galactic Drive to allow for increased parking at the VGM professional office complex—VGM Management, Ltd. Motion-to receive,file, consider and pass for the second time. Motion-to suspend the rules. Motion-to consider and pass for the third time and adopt ordinance. Resolution-to authorize said sale and conveyance. NEW BUSINESS 16. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$2,639.20 for work performed by the Water Works at 218 Gable Street, together with recommendation of approval of Waterloo Water Works Board of Trustees. 17. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$2,090.00 for work performed by the Water Works at 318 Wendell Court, together with recommendation of approval of Waterloo Water Works Board of Trustees. 18. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$4,168.22 for work performed by the Water Works at 2118 Plainview Street, together with recommendation of approval of Waterloo Water Works Board of Trustees. 19. Resolution-to approve communication from Superintendent of Traffic Operations transmitting request to install two 25 mph speed humps on Olympic Drive. 20. F.Y. 2007 Odor Control and HVAC Replacement, Water Pollution Control Facilities, Contract No. 716. Motion-to instruct Superintendent of Waste Management Services 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 October 9, 2006. September 11, 2006 Page 7 21. U.S. 20 and Iowa 21 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 September 18, 2006. 22. Rental of Four Road Graders. Motion-to instruct Superintendent of Streets to prepare specifications, etc. Motion-to receive and file specifications, etc. Resolution-to preliminarily approve specifications, etc. Resolution-to instruct City Clerk to publish notice of specifications, etc. and taking of bids. Set date of hearing as September 25, 2006. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, September 11, 2006 3:55 p.m. -Public Safety Committee, Council Chambers 4:00 p.m. -Human Resources Committee, Council Chambers 4:05 p.m. -Public Works Committee, Council Chambers 4:25 p.m. - Finance Committee, Council Chambers 4:45 p.m. - Council Work Session, Council Chambers PUBLIC INFORMATION 1. Communication from Chief Financial Officer transmitting resignation of Mandi Timmerman, Financial Analyst, effective August 23, 2006, together with recommendation of payment of$2,175.64 for unused vacation time and sick pay. 2. Waterloo Cable TV Commission minutes of July 6, 2006 on file in the City Clerk's office. 3. Waterloo Regional Airport Board minutes of May 17, 2006 and June 29, 2006 on file in the City Clerk's office. 4. Waterloo Public Library Board of Trustees minutes of July 17, 2006 on file in the City Clerk's office. September 11, 2006 ,+ Page 8 5. Black Hawk County Solid Waste Management Commission minutes of July 27, 2006 on file in the City Clerk's office. 6. Board of Waterloo Water Works Trustees minutes of August 23, 2006 on file in the City Clerk's office. 7. Communication from Police Chief transmitting retirement of David Perigo, Police Officer, effective August 29, 2006, together with recommendation of payment of $11,178.70 for unused vacation time. CONTRACT PAYMENT SCHEDULE 1. Garden Avenue Area Relief Sewer, Contract No. 684. Pay estimate No. 5 to Earth Tech in the total amount due of$8,317.78. 2. Ansborough Avenue Interchange with U.S. Highway 20, Contract No. 667. Pay estimate Nos. 9 thru 10 to Iowa Department of Transportation in the total amount due of$74,527.37. COUNCIL WORK SESSION September 11, 2006 4:45 —5:15 p.m. Council Chambers Roll Call. Approval of Agenda, as amended. 1. Summary of internal communications study conducted by the Municipal Telecommunications Utility Board. ADJOURNMENT Nancy Eckert City Clerk Council Work Session September 7, 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