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HomeMy WebLinkAbout04. April Council Work Session April 29, 2004 8:00 a.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Discussion of weekly council agenda and informational meeting. Motion—to adjourn. Nancy Eckert City Clerk THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, APRIL 26, 2004 CITY OF WATERLOO GOALS 1. Continue efforts to expand and improve the tax base in order to achieve fiscal stability and an enhanced capacity to invest in and provide effective services to the community. 2. Complete airport renovation and improvements. 3. Develop, adopt and begin implementation of a Logan Plaza retail development plan. 4. Begin implementation of the downtown and river revitalization plans. 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: Sandie Greco, Superintendent of Traffic Operations Oral Presentations. Motion-to receive and file oral comments. Agenda, as proposed or amended. Minutes of April 19, 2004, Regular Session, as proposed. Proclamation declaring Thursday, April 29, 2004 as Partners in Education Day. April 26, 2004 � L Page 2 Proclamation declaring September 11, 2003 to September 10, 2004 as The Year of Mentd Health Awareness and May 2-8, 2004 as Mental Health Counselors' 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. Motion to approve the following: 1. Becky Morgan, Crime Lab Investigator, to attend Iowa Association of Identification Officers Spring Training Conference in Osceola, Iowa on May 5 7, 2004, with costs not to exceed $130.00, using use of city vehicle. 2. Keith Rogers, Police Investigator, to attend Midwest Gang Investigators Association Annual Conference in St. Charles, Illinois on May 1-5, 2004, with costs not to exceed $787.00, including use of city vehicle. 3. Greg Maified, Systems Analyst, to attend Shield Technology Corporation Semi Annual Training in Des Moines, Iowa on May 25, 2004, with costs not to exceed $300.00, including use of city vehicle. 4. Request of Human Rights Director to approve costs in the amount of $4,077.76 for Fair Housing Conference held by the Human Rights Commission and Graduate Program in Public PolicyUNI in Waterloo, Iowa on April 29, 1004. b. Beer License Permit Application Class B Becker Chapman Post No. 138 of the American Legion, 619 Franklin Street (Renewal) (Expires 5/13/05) (Includes Sunday Sales) Pizza Hut, 2825 Crossroads (Renewal) (Expires 06/07/05) (Includes Sunday Sales) c. Beer License Permit Application Class C Lost Island Water Park, 2225 E. Shaulis Road (Renewal) (Expires 10/31/04) (Includes Sunday Sales) d. Beer/Liquor License Permit Applicatvn Class C Flirt's Gentlemen's Club, 319 Jefferson Street (Renewal) (Expires 4/30/05) (Includes Sunday Sales) Olive Garden, 1315 E. San Marnan Drive (Renewal) (Expires 5/28/05) (Includes Sunday Sales) April 26, 2004 Page 3 e. Outdoor Service Area Application Lost Island Water Park, 2225 E. Shaulis Road f Going-Out-of-Business Application Full House & Home Furnishings, 1945 Enterprise Avenue g. Bonds. HEARINGS 2. Sale of not to exceed $4,000,000.00 General Obligation Bonds for an Essential Corporate Purpose. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING--to pay costs of aiding in the planning, undertaking and carrying out urban renewal project activities including costs associated with acquisition of real property, construction of sanitary sewer, railroad spur, water main improvements and funding of economic development grants to developers. 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. 3. Amendment No. 1 to the Northeast Industrial Area Development Plan which will allow tax increment financing for the Ferguson Enterprises 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 the Planning, Programming and Zoning Commission and oral and written comments. Resolution-to adopt said amendment No. 1 to the Plan. Motion-to receive,file, consider and pass for the first time. Motion-to suspend the rules. Motion-to consider and pass for the second and third times and adopt ordinance. 4. Rezone from "A-1"Agricultural District to "M2,P"Planned Industrial District property generally located between Independence Avenue and Martin Luther King to allow construction of a 608,800 sq.ft. distribution center. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments. Motion-to receive,file, consider and pass for the first time. Motion-to suspend the rules. Motion-to consider and pass for the second and third times and adopt ordinance. Motion-to delay rezoning of Parcel Nos.1 and 2 until annexation occurs. April 26, 2004 L Page 4 5. Waterloo/Cedar Falls HOME Consortium Consolidated Plan 20052009 and FY2005 One-Year Action Plan for Community Development Block Grant and HOME Program Funds. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to adopt said plans and authorize submission to U.S. Departmert of Housing and Urban Development. 6. Sale of cigarettes or tobacco products to a person under eighteen years of age— Sycamore Convenience Store, 619 Sycamore Street. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to order civil penalty in the amount of$300.00. UNFINISHED BUSINESS 7. F.Y. 2004 Asphalt Overlay Program, Contract No. 676. Resolution-to approve communication from City Engineer transmitting recommendation of award of contract in the amount of$2,996,056.72 to Aspro, Inc. & Subsidiaries of Waterloo, Iowa. 8. 2004 Right-of-way Mowing. Resolution-to approve communication from Leisure Services Director transmitting recommendation of award of contractfor Option E at $37.65 per acre to Professional Lawn Care, L.L.C. of Waterloo, Iowa and Options A, B and C at $31.45 per acre, Option D at $20.00 per acre, Option F at $40.00 per hour and Option G at $50.00 per hour to B & B Lawn Care, Inc. of Waterloo, Java. PETITIONS FROM PUBLIC 9. Resolution-to approve communication from City Planner transmitting request of Menards Inc. to vacate an utility easement generally located at the northeast corner of Hammond Avenue and San Marnan Drive,just south of the Mencrds Lumber Yard, to make room for expansion, together with recommendation of approval of Planning, Programming and Zoning Commission. Set date of hearing as May 10, 2004. REPORTS 10. Resolution-to approve communication from Superintendent of Traffic Operations transmitting Speed Hump Policy and petition form. April 26, 2004 Page 5 DOCUMENTS 11. F.Y. 2004 Asphalt Overlay Program, Contract NO. 676. Resolution-to approve communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of$2,996,056.72 from Aspro, Inc. & Subsidiaries of Waterloo, Iowa. 12. 2004 Right-of-Way Mowing. Resolution-to approve communication from Leisure Services Director transmitting Contracts, Bonds and Certificates of Insurance from Professional Lawn Care, L.L.C. of Waterloo, Iowa for Option E, and from B & B Lawn Care, Inc. of Waterloo, Iowa for Options A, B, C, D, F and G. 13. Resolution-to approve communication from Leisure Services Director transmitting an application for Twin Fields for Kids grant in the amount of$5,000.00, with local match of$5,000.00, to be used for renovations of Tibbitts Baseball Complex. 14. Resolution-to approve communication from Associate Planner transmitting request from Roosevelt Roby for tax exemptions on improvements totaling $117,713.00 for property located at 424 Douglas Street in the Consolidated Urban Renewal Area, together with recommendation of approval. 15. Resolution-to approve communication from Mayor Hurley transmitting an architect agreement with In Vision Architecture for design of addition to the Waterloo Center For The Arts for the Youth Pavilion. 16. Resolution-to approve communication from City Engineer transmitting Professional Services Agreement with Earth Tech, Inc.for design services at an amount not to exceed $146,400.00 in conjunction with F.Y. 2004 Ferguson Distribution Center Sanitary Sewer Extension, Contract No. 682 and F.Y. 2004 Ferguson Distribution Center Railroad Spur, Contract No. 683. 17. Resolution-to approve communication from City Engineer transmitting Professional Services Agreement with Earth Tech, Inc.for design services at an amount not to exceed $138,000.00 in conjunction with F.Y. 2005 Garden Avenue Area Relief Sanitary Sewer, Contract No. 684. 18. Resolution-to approve communication from Assistant City Attorney transmitting Acknowledgement/Settlement in the amount of$300.00 with Neighborhood Convenience Store, 926 Linn,for selling tobacco, tobacco products or cigarettes to any person under eighteen years of age. RESOLUTIONS TO BE ADOPTED 19. Resolution-to approve communication from City Attorney transmitting request to appoint special legal council to review snowplow incident. April 26, 2004 \ - Page 6 • 20. Resolution-to dedicate an easement for utility purposes on property geneally located at the northeast corner of Hammond Avenue and San Marnan Drive, south of the Menards Lumber Yard. BILLS PAYMENT 21. Resolution-to approve Schedule AP640, a copy of which is on file in the City Clerk's office. NEW BUSINESS 22. Resolution-to approve communication from City Engineer transmitting request to send out notification to property owners of proposed sidewalk repairs and estimate of costs and setting date of hearing as May 17, 2004 on proposed repairs in conjunction with the Sidewalklnspection and Repair Program-Zone 4. ADJOURNMENT Nancy Eckert City Clerk MEETINGS Monday, April 26, 2004 3:50 p.m. - Public Works Committee, Council Chambers 4:00 p.m. -Finance Committee, Council Chambers 4:20 p.m. - Council Work Session, Council Chambers 4:30 p.m. - Ordinance Committee, Council Chambers PUBLIC INFORMATION 1. Waterloo Public Library Board of Trustees minutes of April 12, 2004 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. F.Y. 2004 Street Reconstruction Project, Contract No. 675. Pay estimate No. 1 to Aspro, Inc. in the total amount due of$14,296.91. 2. 18th Street Bridge &Approach Roadway, BRIM-8155(650)-8N-07, STP-U- 8155(652)-70-07, RM-8155(654)-9D-07, Contract No. 622. Pay estimate No. 24 to Peterson Contractors in the total amount due of $212,747.21. COUNCIL WORK SESSION April 26, 2004 4 :20 - 4 :30 p.m. Council Chambers Roll Call . Approval of Agenda, as proposed. 1 . Review of Speed Hump Policy—Superintendent of Traffic Operations . Adjournment . Nancy Eckert City Clerk ORDINANCE COMMITTEE April 26, 2004 4 : 30 p.m. Council Chambers Roll Call : Members : Chairperson Mayor Pro Tem All Council Members Approval of Agenda, as proposed. 1 . Review of proposed Front Yard Parking Ordinance—Building Official/Maintenance Administrator. Adjournment . Nancy Eckert City Clerk Council Work Session April 22, 2004 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 r THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, APRIL 19, 2004 CITY OF WATERLOO GOALS 1. Continue efforts to expand and improve the tax base in order to achieve fiscal stability and an enhanced capacity to invest in and provide effective services to the community. 2. Complete airport renovation and improvements. 3. Develop, adopt and begin implementation of a Logan Plaza retail development plan. 4. Begin implementation of the downtown and river revitalization plans. 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: Dennis Bell, Superintendent of Central Garage. Oral Presentations. Motion-to receive and file oral comments. Agenda, as proposed or amended. Minutes of April 12, 2004, Regular Session, as proposed. Swearing-in of the following Firefighters: Steven Heyerhoff, Jason Shoars, Theodore Schaffer, Joshua Powers and Nicholas Anderson. April 19, 2004 Page 2 Proclamation declaring April 1 824, 2004 as Make-A-Wish Week. Proclamation declaring April 1824, 2004 as National Volunteer Week. Proclamation declaring April 24-30, 2004 as Arbor Week. Presentation of a check in the amount of$500.00 from MidAmerican Energy for funding the Citizens Police Academy. Presentation of a check in the amount of$2,626.00 from MidAmerican Energy for an Energy Efficiency Rebate in conjunction with lighting installed at theFive Sullivan Brothers Convention 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 separctely.) a. Resolution to approve the following: 1. Communication from City Engineer transmitting request of Richard Bishop for a waiver for a concrete driveway to be located at 4229 Suburban Drive, together with recommendation of approval. b. Motion to approve the following: 1. John Beckman, Police Captain, to attend FBI National Academy Associates Iowa Chapter Annual Training in Altoona, Iowa on April 2830, 2004, with costs not to exceed $230.00, including use of city vehicle. c. Beer License Permit Applicatnn Class B Waterloo Women's Softball Association, Park Road & Burton Avenue (Six Month Expires 10/25/04) (Includes Sunday Sales) d. Beer/Liquor License Permit Application Class C Paulie's Place, 814 LaPorte Road (Renewal) (Expires 5/14/05) (Includes Sunday Sales) Expresso Café Oasis, 307 West Sh Street (New) (Expires 4/27/05) (Includes Sunday Sales) e. Outdoor Service Area Application Waterloo Women's Softball Association, Park Road & Burton Avenue f. Bonds. April 19, 2004 Page 3 HEARINGS AND BIDS 2. F.Y. 2004 Asphalt Overlat Program, Contract No. 676. 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. HEARINGS 3. Development Agreement with Ferguson Enterprises, Inc. tobuild a 608,800 square foot distribution center generally located westerly of the northwest corner of Independence Avenue and North Elk Run Road and southerly of Martin Luther King Jr. Drive, with the city making a grant for the purchase price estimated t $2,433,500.00 and $600,000.00 for grading the property, with 50 percent tax rebates for ten years, construction of a railroad spur if needed and various utility companies will bring sewer and water lines and all utilities to the site at no cost to the company. 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 development agreement. 4. Rezone from "R-2"Residential District and "G2" Commercial District to "1R3" Residential District property generally located north of Greenhill Road and west of South Hackett Road for purpose of constructing multifamily apartments—Hawkeye Capitol Investments, L.L.C. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—Motion-to receive and file letters of support and objection. Motion-to close hearing and receive and file recommendation of approval of tle Planning, Programming and Zoning Commission and oral and written comments. Motion-to receive,file, consider and pass for the first time. Motion-to suspend the rules. Motion-to consider and pass for the second and third times and adopt ordinance. PETITIONS FROM PUBLIC 5. Resolution-to approve communication from Associate Engineer transmitting request of Peterson Contractors Inc.for a variance to the Noise Ordinance on April 20, 2004 to December 31, 2004 in conjunction with 18h Street Bridge and Approach Roadway, BR1118155(650)-8N-07, Contract No. 622. April 19, 2004 Page 4 REPORTS 6. Resolution-to approve communication from Superintendent of Traffic Operations transmitting Street Lighting Policy. DOCUMENTS 7. Final Plat of Brock Addition. Resolution-to approve final plat and necessary documents. 8. Resolution-to approve communication from Associate Planner transmitting request of James and Valerie Teisinger for tax exemptions on improvements totaling $140,000.00 for property located at 1709 Butler Avenue in the Consolidated Urban Renewal Area Plan, together with recommendation of approval. 9. Resolution-to approve communication from Associate Planner transmitting request of Walt Tournier for tax exemptions on improvements totaling $125,000.00 for property located at 747 W. Donald Street in the Consolidated Urban Renewal Area Plan, together with recommendation of approval. 10. F.Y. 2003 Intersection Improvements for Franklin Street/E. 1st Street and Franklin Street/E. 5th Street, Contract No. 670. Resolution-to approve communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of$68,468.30 from Cedar Valley Corporation of Waterloo, Iowa. 11. Resolution-to approve communication from Police Chit transmitting 5-year agreement with National Cattle Congress to lease Barn No. 10, with the Police Department to provide a maximum of$7,000.00 of security services per year. 12. Resolution-to approve communication from Police Chief transmitting grant frm the Governor's Office of Drug Control Policy to support a new Methamphetamine Clandestine Laboratory Task Force in Eastern Iowa to include funding for one new police officer's salary, equipment, operating expenses, overtime and training. 13. Resolution-to approve an application for a NFL Local Agency Grant with the National Recreation and Park Association in the amount of$4,800.00, with a local match of$4,800.00, to be used for the purchase of bleachers to be used in the NFL Flag Football Program. 14. Resolution-to approve communication from Police Chief transmitting 28E Agreement for Tobacco Enforcement with the Iowa Alcoholic Beverages Divisionfor the purpose of policing youth smoking during My Waterloo Days, June 3- 6, 2004. ' April 19, 2004 Page 5 RESOLUTIONS TO BE ADOPTED 15. Resolution-to allocate $5,000.00 discretionary hotel/motel funds to be used for promotion of the airport terminal dedication and additional jet services. 16. Resolution-to authorize City Clerk to certify against certain parceb unpaid mowing and lot cleanup fees. ORDINANCES TO BE ADOPTED 17. An ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Paragraph A, Fees Established, of Section 43-6, Fees for Services, of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health & Safety; and enacting in lieu thereof a new Paragraph A, Fees Established, of Section 4-3-6, Fees for Services, of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health & Safety(updating fees to include garbage, yardwaste, recyclables and bulk items.) 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. BILLS PAYMENT 18. Resolution-to approve Schedule AP640, a copy of which is on file in the City Clerk's office. NEW BUSINESS 19. Sulentic Park Playground Equipment. Motion-to instruct Leisure Services Director to prepare plans, specifications,form of contract, etc. Motion-to receive and file plans, specifications,form of contract, etc. Resolution-to preliminarily approve plans, specifications,form of contract, etc. Resolution-to instruct City Clerk to publish notice of plans, specifications form of contract, etc. Set date of hearing as May 3, 2004. 20. Resolution-to approve communication from City Planner transmittingrequest to rescind Ordinance No. 3682 due to an error in the legal description and set new date of hearing as May 3, 2004 on request to rezone from "U-1" Unclassified District to "M-2,P"Planned Industrial District property generally located north of Ridgeway Avenue and west of Martin Road ADJOURNMENT Nancy Eckert City Clerk April 19, 2004 Page 6 MEETINGS Monday, April 19, 2004 3:45 p.m. - Building and Grounds Committee, Council Chambers 3:55 p.m. - Finance Committee, Council Chambers 4:15 p.m. - Ordinance Committee, Council Chambers PUBLIC INFORMATION 1. Waterloo Commission on Human Rights minutes of February 12, 2004 and March 18, 2004 on file in the City Clerk's office. 2. Waterloo Convention & Visitors Bureau minutes of March 18, 2004 onfle in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. U.S. Highwati 63 Planning Study, US 218 to Donald Street. Pay engineering services to Earth Tech in the total amount due of$38,701.20. 2. FY 2004 CMC Parcel 2 Demolition, Contract No. 68Q Pay Metro Wrecking & Excavation, Inc. in the total amount due of$81,831.10. ORDINANCE COMMITTEE April 19, 2004 4 : 15 p.m. Council Chambers Roll Call : Members : Chairperson Mayor Pro Tem All Council Members Approval of Agenda, as proposed. 1 . Review of adoption of 2003 International Fire Code and 2003 Life Safety Code—Fire Chief. 2 . Review of adoption of the 2003 International Maintenance Code and implementation of Comprehensive Inspection and Building Department—Building Official/Maintenance Administrator. Adjournment . Nancy Eckert City Clerk Council Work Session April 15, 2004 8:00 a.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Discussion of weekly council agenda and informational meeting. Motion—to adjourn. Nancy Eckert City Clerk THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, APRIL 12, 2004 CITY OF WATERLOO GOALS 1. Continue efforts to expand and improve the tax base in order to achieve fiscal stability and an enhanced capacity to invest in and provide effective services to the community. 2. Complete airport renovation and improvements. 3. Develop, adopt and begin implementation of a Logan Plaza retail development plan. 4. Begin implementation of the downtown and river revitalization plans. 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: Steve Decker, Superintendent of Streets Oral Presentations. Motion-to receive and file oral comments. Agenda, as proposed or amended. Minutes of April 5, 2004, Regular Session, as proposed. Proclamation declaring April 19, 2004 as West Fest Day. April 12, 2004 Page 2 • Proclamation declaring April2004 as Sexual Assault Awareness Month and April 18-24, 2004 as National Crime Victims'Right Week. Proclamation declaring April 12-18, 2004 as National Community Development 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. Communication from City Engineer transmitting request of Hasan Tncic for a waiver for a concrete driveway to be located at 1755 Howard Avenue, together with recommendation of approval. 2. Communication from City Engineer transmitting request of Steven Vogel for a waiver for a concrete driveway to be located at 1709 Buter Avenue, together with recommendation of approval. b. Motion to approve the following: 1. Aric Schroeder, Senior Planner, to attend American Planning Association National Planning Conference in Washington, DC on April 24-28, 2004, with costs not to exceed $1,355.00. 2. Michelle Weidner, Chief Financial Officer, to attend Iowa Municipal Finance Officers Spring Conference in Des Moines, Iowa on April 22, 2004, with costs not to exceed $131.40. 3. Christopher Leach and Jason Verbraken, Rehabilitation Specialts, to attend Iowa Association of Housing Officials Spring Conference in Waterloo, Iowa on April 22-23, 2004, with costs not to exceed $125.00 each. 4. Dave Keidel, Manager of Rehabilitation Services, to attend Iowa Association of Housing Officials Spring Conference in Waterloo, Iowa on April 21-23, 2004, with costs not to exceed $250.00. 5. Eric Thorson, City Engineer, to attend 2004 American Public Works Association Mid America Conference and Exhibit Show in Overland Park, Kansas on May 12-14, 2004, with costs not to exceed $657.00. 6. Rudy Jones, Community Development Director; and Nancy Gulick, Community Development Coordinator, to attend Environmental Training Course in St. Peters, Missouri on May 5-7, 2004, with costs not to exceed $510.00 each, including use of city vehicle. • April 12, 2004 Page 3 7. Walter Reed, Jr., Executive Director of Human Rights Commission, to attend 2004 Regional Fair Housing Training Symposium in St. Louis, Missouri on April 14-16, 2004, with costs not to exceed $440.52, including use of city vehicle. c. Beer License Permit Application Class B Godfather's Pizza, 3811 University Avenue (Renewal) (Expires 4/30/05) (Includes Sunday Sales) d. Beer License Permit Application Class C Triple J Mart, 1807 LaPorte Road (Renewal) (Expires 4/8/05) (Includes Sunday Sales) e. Beer/Liquor License Permit Application Class C Brooster's, 3555 University Avenue (Renewal) (Expires 4/21/05) (Includes Sunday Sales) f Outdoor Service Area Application Brooster's, 3555 University Avenue g. Fireworks Display Application My Waterloo Days on June 4, 2004 h. Bonds. HEARINGS 2. City Hall Landscaping Project at an estimated cost of$26,750.00. 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, etc. Resolution-to authorize to proceed. April 12, 2004 Page 4 3. Amendment to Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to listing storage and mini-storage facilities as a special permitted use in the "G2" Commercial District and as a principle permitted use in the "Ml"Light Manufacturing District. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments. Motion-to receive,file, consider and pass for the first time. Motion-to suspend the rules. Motion-to consider and pass for the second and third times and adopt ordinance. 4. Rezone from "R-3" Multiple Residence District and "G l" Commercial District to "C- P" Planned Commercial Districtproperty generally located at the southwest corner of Heath Street and U.S. Highway 63 for the purpose of constructing a new 37,000 sq. ft. Hy-Vee Grocery and Convenience Store Allen Hospital. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments. Motion-to receive, file, consider and pass for the first time. Motion-to suspend the rules. Motion-to consider and pass for the second and third times and adopt ordinance. 5. Development Agreement to build 37,000 sq.ft.facility generally located at the southwest corner of U.S. Highway 63 and Heath Street, with a minimum assessment of$3,500,000.00, with tax rebates for approximately seven years at $100,000.00 per near until the purchase price for the land is reimburses-Hy-Vee. 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 development agreement 6. Development Agreement to sell and convey for$1.00 approximately 6.5 acres of land in the Martin Road Industrial Park to build a 36,000 sq. ft.facility generally located at the northwest corner of Ridgeway Avenue and Martin Road, with tax rebates for five years at 30 percent and minimum assessment of$1,200,000.00 with the city to provide sanitary sewer, waterworks front footage charge and grading estimated at $4Q 000.00—Denso International America Inc. 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 development agreement April 12, 2004 Page 5 7. Site plan amendment to the "M2,P"Planned Industrial District for property generally located at the northwest corner of Martin Road and West Ridgeway Avenue for the purpose of constructing a new 36,000 sq.ft. industrial buibling to be located on an approximate 6.5 acre parcel with access from Martin Road and West Ridgeway Denso International America Inc. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments. Resolution-to approve said site plan amendment. UNFINISHED BUSINESS 8. LED Traffic Signal Light Retrofit Modules for Programmable Visibility Signal Heads. Resolution-to approve communication from Superintendent of Traffic Operations transmitting recommendation of award of contract in the amount of$15,470.60 to Traffic Controls Corporation of Ridge, Missouri. 9. Public Restroom, Break Room and Women's Police Locker Room Renovation. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $30,280.00 to Don Gardner Construction of Waterloo, Iowa. PETITIONS FROM PUBLIC 10. Resolution-to approve communication from Community Planning and Development Director transmitting Development Agreement with Ferguson Enterprises, Inc. to build a 608,800 square foot distributarn center generally located westerly of the northwest corner of Independence Avenue and North Elk Run Road and southerly of Martin Luther King Jr. Drive with a taxable value of$19,000,000.00, with the city making a grant for the purchase price of the land estimated at $2,433,500.00, and $600,000.00 for grading the property, with 50 percent tax rebates for ten years, construction of a railroad spur if needed and installation of various utilities to the site at no cost to the company. Set date of hearing asApril 19, 2004. DOCUMENTS 11. Resolution-to approve communication from General Manager of the Waterloo Water Works transmitting Release of Real Estate Mortgage for Grady Farms Dairy, 7540 Hammond Avenue, for payment of promissory note and mortgage in cc junction with Kimball South Rural Water Main Project. 12. Public Restroom, Break Room and Women's Police Locker Room Renovation. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting Contracts, Bonds and Certficates of Insurance in the amount of$30,280.00 from Don Gardner Construction of Waterloo, Iowa. April 12, 2004 `-' Page 6 13. Resolution-to approve communication from Planning & Development Director transmitting an offer to buy real estate from Brock Inc. for approximately 48. acres of property generally located at the northwest intersection of Ridgeway Avenue and Martin Road at a cost of$385,000.00, with $55,440.00 due at closing, with Brock Inc. to carry a contract on $329,560.00 balance at three percent per annum with annual payments of$40,000.00 due on June 1 of each year and a balloon on the remaining balance due on June 1, 2009. 14. Resolution to approve communication from City Planner transmitting request to dedicate land generally located along Ridgeway Avenue and Martin Road for right- of-way purposes. 15. Preliminary Plat of Brock Addition. Resolution-to approve preliminary plat and necessary documents. 16. Resolution-to approve communication from City Planner transmitting agreement with Iowa Department ofEconomic Development for a New Capital Investment Program (NCIP)for Denso International America, Inc., which will allow tax credits and other potential incentives based on the state evaluation system. 17. Resolution-to approve communication from City Planner transmitting an application with the Iowa Department of Economic Development for New Capital Investment Program for Ferguson Enterprises, Inc., which will allow tax credits and other potential incentives based on the state evaluation system. RESOLUTIONS TO BE ADOPTED 18. Resolution-to designate National Community Development Week to commemorate the Community Development Block Grant Program in the City of Waterloo, Iowa. 19. Resolution-to approve 5.5 percent increase in current ambulance rates and add $55.00 to base rates for supplies billed for a total ALS rate of$490.05 and BLS rate of$374.84. 20. Resolution-to fix date of hearing as April 26, 2004 on the issuance of not to exceed $4,000,000.00 General Obligation Bonds for an Essential Corporate Purpose to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities in the Northeast Industrial Area. 21. Resolution-to establish the amount of just compensation for certain properties to be acquired in the Rath Neighborhood Area and to authorize the use of condemnation procedures for acquisition of said properties in the Rath Neighborhood Area in furtherance of the objectives of the Rath Neighborhood Revitalization Master Plan. April 12, 2004 Page 7 ORDINANCES TO BE ADOPTED 22. An ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Article C, Peddlers, Solicitors and Transient Merchants, of Chapter 4, Businesses Relating to Sales, of Title 3, Business & License Regulations; and enacting in lieu thereof a new Article C, Peddlers, Solicitors and Transient Merchants, of Chapter 4, Businesses Relating to Sales, of Title 3, Business & License Regulations(requiring bond to be filed with Secretary of State and increasing 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. BILLS PAYMENT 23. Resolution-to approve Schedule AP640, a copy of which is on file in the City Clerk's office. NEW BUSINESS 24. Resolution-to approve communication from General Manager of the Waterloo Water Works transmitting request to certify the amount of$1,033.50 for work performed by the Water Works at 1632 Forest Avenue, together with recommendation of approval of the Waterloo Water Works Board of Trustees. 25. Resolution-to approve communication from General Manager of the Waterloo Water Works transmitting request to certify the amount of$2,995.00 for work performel by the Water Works at 345 Albany Street, together with recommendation of approval of the Waterloo Water Works Board of Trustees. 26. Resolution-to approve communication from General Manager of the Waterloo Water Works transmitting request to certify theamount of$477.00 for work performed by the Water Works at 4760 Edgebrook Drive, together with recommendation of approval of the Waterloo Water Works Board of Trustees. 27. Resolution-to approve communication from Community Planning & Development Director transmitting Northeast Industrial Area Development Plan Amendment No. 1 to allow tax increment financing to be used for Ferguson Enterprises Project. Set date of hearing as April 26, 2004. 28. Resolution-to approve communication from City Planner transnitting request to annex property generally located between Independence Avenue and Martin Luther King, Jr. Drive. Set date of hearing as April 26, 2004. April 12, 2004 \r Page 8 29. Resolution-to approve communication from City Planner transnitting request to rezone from "A-1"Agricultural District to "1V12,P" Planned Industrial District property generally located between Independence Avenue and Martin Luther King, Jr. Drive to allow construction of a 608,800 square foot distribution center. Set date of hearing as April 26, 2004. ADJOURNMENT Nancy Eckert City Clerk MEETINGS Monday, April 12, 2004 3:50 p.m. -Public Works Committee, Council Chambers 3:55 p.m. -Public Safety Committee, Council Chambers 4:00 p.m. -Human Resources Committee, Council Chambers 4:10 p.m. - Finance Committee, Council Chambers 4:30 p.m. - Council Work Session, Council Chambers PUBLIC INFORMATION 1. Waterloo Commission on Human Rights minutes of January 8, 2004 on file in the City Clerk's office. 2. Board of Waterloo Water Works Trustees minutes of March 31, 2004 on file in the City Clerk's office. 3. Communication from Fire Chief transmitting retirement of Robert Boeck, Fire Lieutenant, effective March 29,.2004, together wih recommendation of payment of $11,039.39 for unused vacation pay and sick time. CONTRACT PAYMENT SCHEDULE 1. Northwest Interceptor Sewer, Contract No. 480. Pay estimate No. 1 to Claassen Engineering & Surveying in the total amount due of $294,711.43. 2. Windows on Waterloo, Phase V, STP-ES-8155(32)-81-07. Pay estimate No. 16 to Craig Ritland ASLA in the total amount due of$1,800.00. COUNCIL WORK SESSION April 12, 2004 4 :30 p.m. Council Chambers Roll Call . Approval of Agenda, as proposed. 1 . Update on progress from African American Museum Board. Adjournment . Nancy Eckert City Clerk Council Work Session April 8, 2004 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 COUNCIL WORK SESSION April 6, 2004 6 : 00 p.m. Council Chambers Roll Call . Approval of Agenda, as proposed. 1 . Review of request of Hawkeye Capitol Investments, LLC to rezone from "R-2" One and Two Family Residence District and "C-2" Commercial District to "R-3" Multifamily Residence District property generally located north of Greenhill Road and west of South Hackett Road for the purpose of constructing multifamily apartments—City Planner. Comments . Adjournment . Nancy Eckert City Clerk THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, APRIL 5, 2004 CITY OF WATERLOO GOALS 1. Continue efforts to expand and improve the tax base in order to achieve fiscal stability and an enhanced capacity to invest in and provide effective services to the community. 2. Complete airport renovation and improvements. 3. Develop, adopt and begin implementation of a Logan Plaza retail development plan. 4. Begin implementation of the downtown and river revitalization plans. 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: Tim Shea, Superintendent of Waste Management Services Oral Presentations. Motion-to receive and file oral comments. Agenda, as proposed or amended. Minutes of March 22, 2004, Regular Session, as proposed. April 5, 2004 Page 2 • 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. Communication from Police Chief transmitting request of EasterSeals Camp Sunnyside to hold Pony Express Ride on April 9, 2004, with route to begin at approximately 3:00 p.m. along Lafayette Road from the city limits of Evansdale/Waterloo to 6h Street near the Black Hawk County Courthouse to Mulberry Street. 2. Communication from Police Chief transmitting request of Kari Boeckenstedt and Krista Barker to hold a Boot Block on April 17, 2004 from 10:00 a.m.- 3:00 p.m. at the corners of Ridgeway and Hammond Avenues to raise money for the Leukemia and Lymphoma Society's Team in Training Program. 3. Communication from City Engineer transmitting request of Ken Stirm for a waiver for a concrete driveway to be located at 914 Reber Avenue, together with recommendation of approval. 4. Communication from City Clerk transmitting request of Grace Reformed Church, 520 Maxwell Street,for a variance to the Noise Ordinance on June 13, 2004 and August 8, 2004 from 8:30 a.m. to 11:30 a.m. in conjunction with outdoor community-wide worship services at Byrnes Park, including a P.A. system and live band. 5. Communication from City Clerk transmitting request of Hawkeye Community College for an exception to burning yard waste to burn approximately 1 acre of prairie grass located across from the campus pond on the east edge of the campus and 10 acres of prairie grass located south of Arboretum Drive on April 7, 2004 or when weather permits, together with recommendation of approval of the Fire Chief Leisure Services Director and Superintendent of Waste Management Services. 6. Communication from City aerk transmitting request of Tom Shilke for an exception to burning yard waste to burn approximately 1/2 acre of prairie grass located at Hoover Middle School and 1/2 acre of prairie grass located at Kittrell Elementary School from April through May 2004, when conditions permit, together with recommendation of approval of the Fire Chief Leisure Services Director and Superintendent of Waste Management Services. April 5, 2004 Page 3 7. Communication from City Clerk transmitting request of Vern Fish, Nature Center Director,for an exception to burning yard waste to burn approximately 4 acres of prairie grass located within Hartman Reserve Nature Center in early April 2004, when weather permits, together with recommendation of approval of the Fire Chief Leisure Services Director and Superintendent of Waste Management Services. b. Motion to approve the following: 1. Communication from Community Planning and Development Director transmitting recommendation of appointment of Connie Smith to the position of Secretary/Receptionist, effective at a mutually agreed upon date. 2. Communication from Leisure Services Director transmitting recommendation of appointment of Casey Ham to the position of Golf Maintenance II, effective April 12, 2004. 3. Communication from Leisure Services Director transmitting recommendation of appointment of Joseph McCracken to the position of Golf Maintenance II, effective April 12, 2004. 4. Communication from Leisure Services Director transmitting recommendation of appointment of Steven Schmitz to the position of Park Maintenance II, subject to passing physical examination. 5. Communication from Mayor Hurley transmitting recommendation of reappointment of Nicky Rainey-Thomas and Abraham Funchess to the Waterloo Commission on Human Rights, with term expiration date of Jaauary 1, 2007 and appointment of William Kay, with term expiration date of January 1, 2007. 6. Communication from Mayor Hurley transmitting recommendation of reappointment of Lou Porter to the Civil Service Commission, with term expiration date of April 1, 2008. 7. Dave Boesen, Fire Marshal, to attend class on Fire Inspection Principles in Emmetsburg, Maryland on May 15-30, 2004, with costs not to exceed $207.00, including use of city vehicle. 8. Greg Bagsby, Rehabilitation Specialist, to attend Construction andProduction Management Seminar in Minneapolis, Minnesota on May 27, 2004, with costs not to exceed $2,130.00, including use of city vehicle. 9. Brent Cirksena, Police Lieutenant; and Joe Leibold, Police Sergeant, to attend Tactical Procurement Conference in Indianapolis, Indiana on April 11-14, 2004, with costs not to exceed $908.00, including use of city vehicle. April 5, 2004 Page 4 10.Kerry Devine, Police Sergeant; and Ryan Muhlenbruch, Police Officer, to attend Urban Potential Seminar in Waterloo, Iowa on April 7, 2004, witl-costs not to exceed $296.00. c. Beer License Permit Application Class B All Golf Center, 1850 W. Ridgeway Avenue (Renewal) (Expires 4/15/05) (Includes Sunday Sales) Waterloo Softball Association, Corner of Burton & Longfellow (New) (Expires 10/24/04) (Includes Sunday Sales) d. Beer License Permit Application Class C Falls Road Drug, 2027 Falls Avenue (Renewal) (Expires 4/30/05) Cork's Grocery, 1956 Lafayette Road (Renewal) (Expires 4/30/05) (Includes Sunday Sales) Holiday Station, 3260 University (Renewal) (Expires 5/04/05) (Includes Sunday Sales) e. Beer/Liquor License Permit Application Class C J's R&B Lounge, 501 Independence Avenue (New) (Expires 4/07/05) (Includes Sunday Sales) A.J. Eatery & Spirits, 1415 San Marnan Drive (Renewal) (Expires 4/21/05) (Includes Sunday Sales) DELETE Expresso Café Oasis, 307 West 5th Street (New) (Expires 4/27/05) (Includes Sunday Sales) Odessey, 820 Newell Street (Transfer of License from 501 Independence) (Expires 11/04/04 (Includes Sunday Sales) f Liquor License Permit Application Class A Sunnyside Country Club (Renewal) (Expires 4/13/05) (Includes Sunday Sales) g. Cigarette Permit Application Ramada Inn/Convention Center, 205 West 4h Street h. Outdoor Service Area Application All Golf Center, 1850 Ridgeway Avenue Waterloo Softball Association, Corner of Burton & Longfellow Sunnyside Country Club, 1600 Olympic Drive i. Bonds. April 5, 2004 Page 5 HEARINGS AND BIDS 2. 2004 Right of Way Mowing. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to confirm approval of plans, specifications,form of contract, etc. Resolution-to authorize to proceed. Motion-to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review. 3. Purchase of LED Traffic Signal Light Retrofit Module for Programmable Visibility Signal Heads, TRAF-1 03-04. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to confirm approval of plans, specifications,form of contract, etc. Resolution-to authorize to proceed. Motion-to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Traffic Operations for review. 4. Public Restrooms, Break Room and Women's Police Locker Room Renovation. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to confirm approval of plans, specifications,form of contract, etc. Resolution-to authorize to proceed. Motion-to receive, file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review. HEARINGS 5. Sale of cigarettes or tobacco products to a person under eighteen years of age— Waterloo Convenience,formerly known as 3 Star Mart, 127 Jefferson Street. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to order civil penalty in the amount of$300.00. 6. Vacation, sale and conveyance for$1.00 an alley generally located between West 4th and West 5th Streets, north of Bluff Street Pioneer Graphics. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments. Motion-to receive,file, consider and pass for the first time. Motion-to suspend the rules. Motion-to consider and pass for the second and third times and adopt ordinance. Resolution-to authorize said sale and conveyance. April 5, 2004 \-4-' Page 6 7. Development Agreement with James H. Slife of Pioneer Graphics for 9,600 sq.ft. addition to property generally located at 316 West 5h Street, with a 10-year minimum assessment of$500,000 and 100 percent tax rebatements for five years 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 development agreement. 8. Sale and conveyance for $1.00 property acquired from the Stevens Family Trust and generally located just north of the Gibson Specialty site, 323 West 4h Street, in conjunction with addition to property located at 316 West 9' Street—James H. Slife of Pioneer Graphics. 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 sale and conveyance. 9. Rezone from "C-1" Commercial District to "C-2" Commercial District property generally located at 3520 Marigold Drive,just west of Highway 218 for the purpose of building a mini-storage facilitn--John Hill and Andy Austin. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments. Motion-to receive,file, consider and pass for the first time. Motion-to suspend the rules. Motion-to consider and pass for the second and third times and adopt ordinance. 10. Rezone from "R-3"Residential District to "R 4",C-Z" Commercial District property generally located just east of 42 Franklin Street for the purpose of constructing a commercial appliance and repair business--John Dixon. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments. Motion-to receive,file, consider and pass for the first time. Motion-to suspend the rules. Motion-to consider and pass for the second and third times and adopt ordinance. April 5, 2004 Page 7 11. Proposed amendment to Comprehensive Plan to include updated Waterloo Downtown Redevelopment Master Plan. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments. Resolution-to approve said amendment. UNFINISHED BUSINESS 12. 2004 Maywood Park Restroom Project (concrete block and flat work portion). Resolution-to approve communication from Leisure Services Director transmitting recommendation of award of contract in the amount of$13,485.00 to Bowers Masonry Inc. of Waterloo, Iowa. 13. F.Y. 2004 Sidewalk Repair Program-Zone 4, Contract No. 677. Resolution-to approve communication from Associate Engineer transmitting recommendation of award of contract in the amount of$88,183.19 to Borwig Building Services, Inc. of Waterloo, Iowa. PETITIONS FROM PUBLIC 14. Resolution-to approve communication from City Planner transmitting request of Hawkeye Capitol Investments, L.L.C. to rezone from "132" One and Two Family Residence District and "G2" Commercial District to "1 3"Multifamily Residence District property generally located north of Greenhill Road and west of South Hackett Road for the purpose of constructing multifamily apartments, together with recommendation of approval of the Planning, Programming and Zoning Commission. Set date of hearing as April 19, 2004. DOCUMENTS 15. 2004 Maywood Park Restroom Project (concrete bbck and flat work portion). Resolution-to approve communication from Leisure Services Director transmitting Contracts, Bonds and Certificates of Insurance in the amount of$13,485.00 from Bowers Masonry Inc. of Waterloo, Iowa. 16. F.Y. 2004 Sidewalk Repair Program-Zone 4, Contract No. 677. Resolution-to approve communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of$88,183.19 from Borwig Building Services, Inc. of Waterloo, Iowa. 17. Resolution-to approve communication from Police Chief transmitting renewal of one year maintenance and support agreement with Printrak at a cost of$2,556.00 for utilization of services and equipment for mug shots. 18. Resolution-to approve communication from Fire Chief transmitting 28E Agreement with Cedar Township to provide for fire protection and ambulance service. April 5, 2004 Page 8 19. Resolution-to approver communication from Fire Chief transmitting 28E Agreement with Elk Run Heights to provide fire protection and ambulcnce service. 20. Resolution-to approve communication from Leisure Services Director transmitting request of Trailblazers Off Road Club, Inc. to submit a grant application for ATV Registration funds from the Iowa Department of Natural Resources to pave a parking lot in the Riverview Recreation Area. 21. Resolution-to approve communication from City Planner transmitting an Access Agreement with Friends of Faith for property generally located on the easterly side of Lot 5, Southbrooke Addition, to allow construction of a patio/fencing to overhand on existing 20' easement. 22. Resolution-to approve communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of$300.00 with T Mart/Sinclair nka MS Petroleum, Inc.,2100 Lafayette Street,for selling tobacco, tobacco products or cigarettes to any person under eighteen years of age. 23. Resolution-to approve communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of$300.00 with Tobacco Outlet Plus, 1803 LaPorte Road,for selling tobacco, tobacco products or cigarettes to any person under eighteen years of age. 24. Resolution-to approve communication from Assistant City Attorney transmitting Acknowledgement/SettlementAgreement in the amount of$300.00 with Walgreen's, 111 W. Ridgeway Avenue,for selling tobacco, tobacco products or cigarettes to any person under eighteen years of age. 25. Resolution-to approve communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of$300.00 with Babe's Tap, 210 Division,for selling tobacco, tobacco products or cigarettes to any person under eighteen years of age. 26. Resolution-to approve communication from City Planner transmittitg agreement with Schenk Engineering to provide platting and surveying services in conjunction with further development in the Martin Road Tax Increment Finance District. RESOLUTIONS TO BE ADOPTED 27. Resolution-to approve acceptance of assignment and irrlemnity agreement from Rampart Corporation assigning the F.Y. 2003 Intersection Improvements for Franklin St./1st St. & Franklin St./5th Street, Contract No. 670, to Cedar Valley Corporation. April 5, 2004 Page 9 ORDINANCES TO BE ADOPTED 28. An ordinance extending the moratorium an additional 30 days on the construction, development, redevelopment, remodeling or new construction within the Vision Iowa Project. Motion-to receive, file, consider and pass for the third time. Motion-to adopt ordinance. Resolution-to approve Redevelopment Criteria and Standards for Moratorium Area. BILLS PAYMENT 29. Resolution-to approve Schedule AP640, a copy of which is on file in the City Clerk's office. NEW BUSINESS 30. F.Y. 2004 Asphalt Overlay Program, Contract No. 676. Motion-to instruct City Engineer to prepare plans, specifications,form of contract, etc. Motion-to receive and file plans, specifications,form of contract, etc. Resolution-to preliminarily approve plans, specifications,form of contract, etc. Resolution-to instruct City Clerk to publish notice of plans, specifications,form of contract, etc. and taking of bids. Set date of hearing as April 19, 2004. 31. Resolution-to approve communication from Superintendent of Traffic Operations transmitting request to install 100 watt HPS street light at the intersection of Sager Avenue and South Hackett Road and install 250 watt HPS street light at the southwest corner of Greenhill Road and Katoski Drive. ADJOURNMENT Nancy Eckert City Clerk MEETINGS Monday, April 5, 2004 3:00 p.m. - Council Work Session, Council Chambers 3:30 p.m. - Ordinance Committee, Council Chambers 3:45 p.m. -Public Safety Committee, Council Chambers 4:00 p.m. -Public Works Committee, Council Chambers 4:10 p.m. -Human Resources Committee, Council Chambers 4:15 p.m. -Finance Committee, Council Chambers Tuesday, April 6, 2004 6:00 p.m. - Council Work Session, Council Chambers April 5, 2004 ..-- Page 10 ` PUBLIC INFORMATION 1. Communication from Fire Chief transmitting appointment of Steven Heyerhof Jason Shoars, Theodore Schaffer, Joshua Powers and Nicholas Anderson to the position of Firefighter, effective April 19, 2004. 2. Community Development Board minutes of February 17, 2004 and Public Hearing minutes of February 17, 2004 on file in the City Clerk's office. 3. Waterloo Board of Adjustment minutes of February 24, 2004 on file in the City Clerk's office. 4. Memorial Hall Commission minutes of February 25, 2004 on file in the City Clerk's office. 5. Telecommunications Commission minutes ofMarch 4, 2004 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. Park Avenue Bridge Over the Cedar River. Pay professional services to Earth Tech in the total amount due of$13,739.70. 2. San Marnan Traffic Improvements, STP-U-8155(651) 70-07. Pay estimate No.25 to Parsons Transportation Group in the total amount due of $62,627.85. COUNCIL WORK SESSION April 5, 2004 3 : 00 - 3 : 30 p.m. Council Chambers Roll Call . Approval of Agenda, as proposed. 1 . Update on progress of Youth Pavilion expansion—Cultural & Arts Commission. Adjournment . Nancy Eckert City Clerk ORDINANCE COMMITTEE April 5, 2004 3 : 30 - 3 :45 p.m. Council Chambers Roll Call : Members : Chairperson Mayor Pro Tem All Council Members Approval of Agenda, as proposed. 1 . Review of proposed changes to Transit Merchant Ordinance— City Clerk. Adjournment . Nancy Eckert City Clerk Council Work Session April 1, 2004 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