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HomeMy WebLinkAbout08. August 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, AUGUST 16, 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: Jerry Stevens, General Manager of Waterloo Water Works. Agenda, as proposed or amended. Minutes of August 9, 2004, 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: August 16, 2004 `-- Page 2 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 Phil Bailey for a waiver for a concrete driveway to be located at 1231 Garden Avenue, together with recommendation of approval. 3. Communication from City Engineer transmitting request of Ivan D. Hankins III for a waiver for a concrete driveway to be located at 449 Martin Road, together with recommendation of approval. 4. Communication from City Engineer transmitting request of Sandra K. White for a waiver for a concrete driveway to be located at 752 Hickory Street, together with recommendation of approval. 5. Communication from City Clerk transmitting request of Donna Penne, 1524 West 4th Street, for a variance to the Noise Ordinance on September 4, 2004 from 3:00 p.m. to 8:00 p.m. in conjunction with a neighborhood block party to be held in the alley located in the 1500 block of West Fourth Street between the 500 block of Sullivan and 400 block of Bayard including a DJ playing music, together with recommendation of approval of Police Captain. 6. Communication from City Clerk transmitting request of Reverend Helen Seenster and Shandra Mitchell for a waiver to the Noise Ordinance on August 22, 2004 from 8:00 a.m. to 6:00 p.m. in conjunction with outdoor church services to be held on Wellington Street from West 2nd Street to West 1st Street, including a PA system and music, together with recommendation of approval of Police Captain. b. Motion-to approve the following: 1. Communication from Mayor Hurley transmitting recommendation of reappointment of Pat Cole to the Airport Board, with term expiration date of January 14, 2007. 2. Communication from Community Planning & Development Director transmitting recommendation of appointment of David Becker to the position of Housing Maintenance, effective at a mutually agreed upon date. 3. Brian Baker, Chief HVAC Inspector; Dan Youngblood, Chief Combination Inspector; Bob Osgood, Chief Plumbing Inspector, to attend IAPMO 2003 Uniform Mechanical Code Seminar in Cedar Rapids, Iowa on September 24, 2004, with costs not to exceed $495.00, including use of city vehicle. 4. Tim Hurley, Mayor, to attend Iowa League of Cities 106 Annual Conference and Exhibits in Sioux City, Iowa on September 23-24, 2004, with costs not to exceed $315.00. August 16, 2004 Page 3 5. Louis Cutwright, Building Official/Maintenance Administrator, to attend 2004 Iowa Downtown Summit in Muscatine, Iowa on August 24-25, 2004, with costs not to exceed $210.00, including use of city vehicle. 6. John Mattson, Fire Inspector, and Dave Boesen, Fire Marshal, to attend Fire Investigation Seminar in Waterloo, Iowa on September 14-17, 2004, with costs not to exceed $250.00, including use of city vehicle. c. Beer/Liquor License Permit Application Class C Narey's 19th Hole, 2073 Logan Avenue (Renewal) (Expires 8/22/05) (Includes Sunday Sales) Kings and Queens Tap, 304-306 West 4th Street (Renewal) (Expires 8/27/05) (Includes Sunday Sales) d. Bonds. ASSESSMENT HEARING 2. F.Y. 2005 Sidewalk Repair Assessment Program -Zone 4, Contract No. 679. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to adopt Proposed Resolution of Necessity as proposed or amended. HEARINGS AND BIDS 3. F.Y. 2005 Sidewalk Repair Assessment Program-Zone 4, Contract No. 679. 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 plan, specifications,form of contract, etc. Resolution-to order construction. Motion-to receive,file and instruct City Clerk to open and read bids and refer to City Engineer for review. 4. Purchasing Outdoor Public Warning Sirens, FY 2005- TRAF- 104-04. 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 plan, 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 Superintendent of Traffic Operations for review. August 16, 2004 '-� - Page 4 HEARINGS 5. Sergeant Road Recreational Trail, Contract No. 668, NRT-NT03(7)-9G-07, STP-E- 8155(670) 8F-07. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to authorize to proceed. 6. Proposed reallocation of$75,000 in unspent proceeds of the General Obligation Bonds, Series 2003A to pay costs of storm water quality management projects and bridge inspection and repairs. 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 institute proceedings to take additional action and approving said reallocation of said General Obligation Bonds, Series 2003A. DOCUMENTS 7. Preliminary Plat of Summerland Farms. Resolution-to approve preliminary plat and necessary documents. 8. Resolution-to approve communication from Associate Planner transmitting request of John Schlindwein for tax exemptions on improvements totaling $6,000.00 for property located at 1702 Lafayette Street in the Consolidated Urban Revitalization Area, together with recommendation of approval. 9. Resolution-to approve communication from Superintendent of Traffic Operations transmitting request to submit applications to Iowa Department of Transportation for Traffic Safety Funds grants for Flammang Drive and Sara Drive with an estimated cost of$48,000, Parker and Logan (US 63) with an estimated cost of $45,000, Hawkeye Road and East Orange Road with an estimated cost of $350,000, Olympic Drive and Ansborough Avenue with an estimated cost of $80,000, Flammang Drive and San Marnan Drive with an estimated cost of $150,000, Public Traffic Safety Awareness Campaign with an estimated cost of $350,000, GIS Based Traffic Safety Management System with an estimated cost of $77,000, with no required city match. 10. Resolution-to approve communication from Police Captain transmitting 28E Agreement for Tobacco Enforcement with Iowa Alcoholic Beverages Division for the purpose of providing and funding tobacco enforcement activities. August 16, 2004 Page 5 11. Resolution-to approve communication from Airport Director transmitting an agreement with Federal Aviation Administration for grant in the amount of $375,630.00 for funding of rehabilitation of Runway 12/30, replacing airfield signs and replacing 2/3 of concrete apron, with 5 percent of project to be funded with Passenger Facility Program funds. 12. Resolution-to approve communication from Airport Director transmitting an amendment to Architectural & Engineering agreement with Earth Tech Engineering at a cost of$138,500.00 to design and administer construction projects at the Airport to include design of reconstruction of additional commercial apron area, with 5 percent of project to be funded with Passenger Facility Program funds. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, August 16, 2004 3:55 p.m. - Council Work Session, Council Chambers 4:25 p.m. -Human Resources Committee, Council Chambers 4:30 p.m. -Building and Grounds Committee, Council Chambers 4:45 p.m. -Public Works Committee, Council Chambers 4:50 p.m. -Finance Committee, Council Chambers PUBLIC INFORMATION 1. Planning, Programming & Zoning Commission minutes of June 29, 2004 on file in the City Clerk's office. 2. Hwy 218 Design Review Board minutes of July 13, 2004 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. 18th Street Bridge &Approach Roadway, BRM-U-8155(650)-8N-07, STP-U- 8155(652)-70-07, RM-8155(654)-9D-07. Pay estimate No. 7 to Peterson Contractors in the total amount due of$37,141.90. COUNCIL WORK SESSION August 16, 2004 3: 55 - 4 :25 p.m. Council Chambers Roll Call . Approval of Agenda, as proposed. 1 . Review of changes to Animal Control Ordinance. Adjournment. Nancy Eckert City Clerk Council Work Session August 12, 2004 7:30 a.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Discussion of weekly council agenda and informational meeting and reports from council liaisons to boards and commissions. 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, AUGUST 9, 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: John Beckman, Police Captain Agenda, as proposed or amended. Minutes of August 2, 2004, 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: August 9, 2004 Page 2 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 Nancy Scoggins Rose for a variance to the Noise Ordinance on August 28, 2004 from Noon until 10:00 p.m. in conjunction with a wedding reception to be held at 3027 Ansborough Avenue„ together with recommendation of approval of the Police Captain. 3. Resolution-to approve communication from Police Captain transmitting request of Cedar Valley Pro Fitness and Martial Arts to hold 4K walk/run and 8K road/race on August 14, 2004 starting at 8:00 a.m. to raise money for the National MS Society, with route beginning on Black Hawk Road, right onto Katoski, right on Huntington, back to Cedar Valley Pro Fitness on Black Hawk Road. b. Motion to approve the following: 1 Leslie Grundy, Secretary/Receptionist, to attend Skillpath Seminars Conference for Women in Des Moines, Iowa on September 27, 2004, with costs not to exceed $159.00, including use of city vehicle. 2 Connie Smith, Secretary/Receptionist, to attend Skillpath Seminars Conference for Women in Des Moines, Iowa on September 27, 2004, with costs not to exceed $159.00, including use of city vehicle. c. Bonds. HEARINGS 2. Martin Road Development Plan Amendment No. 1 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 adopt Amendment No. 1. 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. August 9, 2004 Page 3 3. Amendment to Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to list of districts, creation of provision for the zoning of vacated right-of-way, maximum lot coverage in "R-1"District and maximum height limitation in the "C-1" 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 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. Amendment to Ordinance No. 2479, Zoning Ordinance, as it pertains to elimination of 2-acre minimum tract size for "R-P"Planned Residence District within the consolidated urban revitalization or enterprise zone areas. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file recommendation of approval of Planning, Programming and Zoning Commission and oral and written comments. Motion-to receive,file, consider and pass for the first time. Motion-to suspend the rules. Motion-to consider and pass for the second and third times and adopt ordinance. UNFINISHED BUSINESS 5. F.Y. 2005 Sidewalk Repair Block Grant Program-Zone 4, Contract No. 678. Resolution-to approve communication from Associate Engineer transmitting recommendation of award of contract in the amount of$20,499.57 to B & B Builders & Supply of Waterloo, Iowa. PETITIONS FROM PUBLIC 6. Resolution-to approve communication from City Planner transmitting request of Schenk Engineering on behalf of Cedar Valley Medical for a site plan amendment to the "R-P"Planned Residence District and "C-P"Planned Commercial District for the development of a medical imaging office facility for property generally located just west of the Lincoln Savings Bank at 242 Tower Park Drive. Set date of hearing as August 23, 2004. REPORTS 7. Resolution-to approve communication from City Planner transmitting Sale of Property Policy. In y y • August 9, 2004 � `.. Page 4 DOCUMENTS 8. Resolution-to approve communication from Associate Planner transmitting request of Gina Jordan-Burg for tax exemptions on improvements totaling $145,000.00 for property located at 526-528 Dundee Avenue in the Consolidated Urban Revitalization Area, together with recommendation of approval. 9. Resolution-to approve communication from Associate Planner transmitting request of Dale Castle for tax exemptions on improvements totaling $36,080.00 for property located at 1332 Wyandotte Street in the Consolidated Urban Revitalization Area, together with recommendation of approval. 10. Resolution-to approve communication from Associate Planner transmitting request of Ronald Eme for tax exemptions on improvements totaling $43,990.00 for property located at 2955 Lafayette Street in the Consolidated Urban Revitalization Area, together with recommendation of approval. 11. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting Completion of Project and Recommendation of Acceptance of Work performed by B & B Builders and Supply of Waterloo, Iowa in conjunction with Concrete Replacement at Fire Station Nos. 3, 4 and 6. 12. F.Y. 2003 Sycamore Street Reconstruction Program, Contract No. 654. Motion-to approve communication from City Engineer transmitting Change Order No. 1 for a net increase in the amount of$14,971.94 for work performed by K. Cunningham Construction, Inc. of Cedar Falls, Iowa. 13. Resolution-to approve communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by K. Cunningham Construction, Inc. of Cedar Falls, Iowa in conjunction with F.Y. 2003 Sycamore Street Reconstruction Program, Contract No. 654. 14. F.Y. 2005 Sidewalk Repair Block Grant Program-Zone 4, Contract No. 678. Resolution-to approve communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of$20,499.57 from B & B Builders and Supply of Waterloo, Iowa. 15. Resolution-to approve communication from City Planner transmitting application with the Iowa Department of Natural Resources for Resource Enhancement and Protection (REAP)funding in the amount of$200,000.00 for construction of trail along south side of the Cedar River from West 11 th Street to West 18th Street. 16. Resolution-to approve communication from Community Planning and Development Director transmitting Satisfaction and Release of Loan Agreement with United Beverages, Inc. for full payment of IDR bond. August 9, 2004 Page 5 17. Resolution-to approve communication from City Engineer transmitting Construction Plans for Lucas Street Sanitary Sewer Extension, as submitted by Helland Engineering & Surveying Ltd of Cedar Falls and Sewage Treatment Agreement with the Iowa Department of Natural Resources. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, August 9, 2004 4:00 p.m.- Public Safety Committee, Council Chambers 4:05 p.m. -Human Resources Committee, Council Chambers 4:10 p.m. - Building and Grounds Committee, Council Chambers 4:15 p.m. - Finance Committee, Council Chambers 4:30 p.m. - Council Work Session, Council Chambers PUBLIC INFORMATION 1. Certified List for the position of Medical Services Specialist, as certified by the Civil Service Commission on July 30, 2004. 2. Certified List for the position of Housing Maintenance, as certified by the Civil Service Commission on July 30, 2004. CONTRACT PAYMENT SCHEDULE 1. F.Y. 2004 Asphalt Overlay Project, Contract No. 676. Pay estimate No. 6 to Aspro, Inc. in the total amount due of$48,025.01. 2. F.Y. 2004 Street Reconstruction Program, Contract No. 675. Pay estimate No. 8 to Aspro, Inc. in the total amount due of$277,511.34. "V COUNCIL WORK SESSION August 9, 2004 4 : 45 p.m. Council Chambers Roll Call . Approval of Agenda, as proposed. 1 . Review of process for demolition of property. 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, AUGUST 2, 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 gay 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: Don Temeyer, Community Planning and Development Director. Agenda, as proposed or amended. Minutes of July 26, 2004, Regular Session, as proposed. Recognition of the following employees for 30 years of service with the City of Waterloo: Dave Keidel, Don Temeyer, Steve Decker, Randy Dishinger, Eric Thorson, Stanley Seda. Proclamation declaring August 3, 2004 as National Night Out in the City of Waterloo. Page 2 August 2, 2004 1. Consent Agenda: (The following items will be acted upon by voice vote on single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Resolution-to approve Bills Payment, Schedule AP640, a copy of which is on file in the City Clerk's office. 2. Communication from City Engineer transmitting request of Duane A. Widen for a waiver for a rock field entrance to be located at 3041 Ranchero Road, together with recommendation of approval. 3. Resolution-to approve communication from City Clerk transmitting request of Church of the Open Bible, 928 Jefferson Street, requesting a variance to the Noise Ordinance on August 12-14, 2004 from 10:00 a.m. to 9:00 p.m. in conjunction with outdoor event to be held at lower Gates Park, including a three on three basketball tournament on July 12 and 13, 2004 using a sound system and live bands playing on July 14, 2004, together with recommendation of approval of Police Captain. b. Motion-to approve the following: 1. Eric Thorson, City Engineer, to attend American Public Works Association Iowa Chapter 2004 Fall Conference in Knoxville, Iowa on August 25-27, 2004, with costs not to exceed $296.00, including use of city vehicle. c. Beer License Permit Application Class B LaChiquita, 301 East 4th Street (Renewal) (Expires 8/6/05) (Includes Sunday Sales) d. Beer/Liquor License Permit Application Class B Best Western Starlite Village, 214 Washington Street (Renewal) (Expires 8/15/05) (Includes Sunday Sales) e. Cigarette License Permit Application Mustang Bar, 1927 Jefferson Street Catherine Doyle's Pub, 504 Sycamore Street f. Bonds. ADD - g. Beer License Permit Application Class B Main Street Waterloo transfer to West 4th & Cedar Street on August 6-7, 2004 and Outdoor Service Area August 2, 2004 Page 3 HEARINGS AND BIDS 2. F.Y. 2005 Sidewalk Block Grant Repair Program-Zone 4, Contract No. 678. 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. DOCUMENTS 3. Resolution-to approve communication from Traffic Engineer transmitting agreement with Iowa Department of Transportation for Traffic Safety Improvement grant in the amount of$20,000.00 in conjunction with improvement to traffic signals at the intersection of Park Road and Broadway Street, with no required city match. 4. Resolution-to approve communication from Associate Engineer transmitting Iowa Department of Natural Resources Notice of Intent for NPDES coverage under general permit for storm water discharges in conjunction with F.Y. 2004 Sergeant Road Trail Paving, Contract No. 668. RESOLUTIONS TO BE ADOPTED 5. $11,640,000.00 Sewer Revenue Refunding Bonds, Series 2004A. Resolution-to appoint Wells Fargo Bank, National Association of Des Moines, Iowa to serve as Paying Agent, Bond Registrar and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement. Motion-to approve Tax Exemption Certificate. Motion-to approve Continuing Disclosure Certificate. Resolution-to authorize and provide for issuance and securing the payment of Sewer Revenue Refunding Bonds, Series 2004A and providing for a method of payment of said bonds. 6. $9,595,000.00 Sewer Revenue Refunding Bonds, Taxable Series 2004B. Resolution-to appoint Wells Fargo Bank, National Association of Des Moines, Iowa to serve as Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement. Motion-to approve Continuing Disclosure Certificate. Resolution-to authorize and provide for the issuance and securing the payment of Sewer Revenue Refunding Bonds, Taxable Series 2004B and providing for a method of payment of said bonds. August 2, 2004 Page 4 7. Resolution-to fix date of hearing as August 16, 2004 on the proposal to reallocate $75,000.00 of unspent proceeds of the General Obligation Bonds, Series 2003A for the purpose of defraying all or a portion of the costs of storm water quality management projects and bridge inspections and repairs. 8. Resolution-to approve communication from Fire Chief transmitting request for one- year extension of the Fire Pals Injury Prevention Grant for$128,370.00, with no city match, with grant starting on October 1, 2004. ORDINANCES TO BE ADOPTED 9. Vacation, sale and conveyance of alley generally located just south of Lot 20 and north of Lot 19 in Roth Park Camp Addition for$50.00—Dwayne Eilers. 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 10. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$2,244.00 for work performed by the Water Works at 714 Newell Street, together with recommendation of approval of the Waterloo Water Works Trustees. 11. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$645.69 for work performed by the Water Works at 250 Western Avenue, together with recommendation of approval of the Waterloo Water Works Trustees. 12. Resolution-to set date of hearing as August 16, 2004 on plans, specifications,form of contract, etc. in conjunction with Sergeant Road Recreational Trail, Contract No.668, NRT-NT03(7)-9G-07, STP-E-8155(670)-8V-07. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Nancy Eckert, CMC City Clerk August 2, 2004 Page 5 MEETINGS Monday, August 2, 2004 4:20 p.m. -Public Safety Committee, Council Chambers 4:25 p.m. -Human Resources Committee, Council Chambers 4:30 p.m. -Finance Committee, Council Chambers 4:50 p.m. - Council Work Session, Council Chambers PUBLIC INFORMATION 1. Board of Waterloo Water Works Trustees minutes of July 21, 2004 on file in the City Clerk's office. 2. Civil Service Commission minutes of June 28, 2004 on file in the City Clerk's office. 3. Waterloo Cultural &Arts Commission minutes of May 19, 2004 on file in the City Clerk's office. 4. Waterloo Board of Adjustment minutes of July 1, 2004 on file in the City Clerk's office. 5. Community Development Board minutes of June 15, 2004 on file in the City Clerk's office. 6. Memorial Hall Commission minutes of June 23, 2004 on file in the City Clerk's office. 7. Communication from Police Captain transmitting retirement of Jack Stainbrook, Lieutenant, effective June 29, 2004, together with recommendation of payment of $21,414.74 for unused vacation pay and sick time. 8. Communication from Police Captain transmitting resignation of Jered Engel, Police Officer, effective July 26, 2004, together with recommendation of payment of $1,551.63 for unused vacation pay. 9. Communication from Police Captain transmitting retirement of Darwin Cunningham, Police Officer, effective July 11, 2004, together with recommendation of payment of $36,820.32 for unused vacation pay and sick time. 10. Communication from Police Captain transmitting retirement of Gregory Maifield, Records Supervisor/Systems Mana ger, effective July 16, 2004, together with recommendation of payment of$6,845.83 for unused vacation pay and sick time. August 2, 2004 Page 6 CONTRACT PAYMENT SCHEDULE 1. F.Y. 2004 Sidewalk Repair Program-Zone 4, Contract No. 677. Pay estimate No. 6 to Borwig Building Services, Inc. in the total amount due of $8,100.16. 2. 18th Street Bridge &Approach Roadway, Contract No. 622. Pay estimate No. 6 to Peterson Contractors in the total amount due of$71,520.05. A COUNCIL WORK SESSION August 2, 2004 4 : 50 p.m. Council Chambers Roll Call . Approval of Agenda, as proposed. 1 . Review of proposed Sale of Property Policy—City Planner. Adjournment. Nancy Eckert City Clerk Council Work Session August 5, 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 and reports from council liaisons to boards and commissions. 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, AUGUST 23, 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: Jerry Stevens, General Manager of the Waterloo Water Works. Agenda, as proposed or amended. Minutes of August 16, 2004, Regular Session, as proposed. Recognition of the following employees for 30 years of service with the City of Waterloo: David Perigo and Carroll Kienol. Proclamation declaring August 28, 2004 as Fall Freedom Fest Day. August 23, 2004 L `. Page 2 Proclamation endorsing Pride and Cedar Valley's Promise efforts to bring together parents, students, school and community in celebration of education in Black Hawk County starting on Day One of the school year, August 26, 2004. Swearing-in of the following Police Officers: Eryn Rae Hageman, Dustin Ray Lindaman and Steven Edward Paul Luke. 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 Fire Chief transmitting request to hold Annual Boot Block for Muscular Dystrophy September 3-5, 2004 from 10:00 a.m. to 2:00 p.m. at the intersections of Kimball and Ridgeway Avenues, San Marnan Drive and LaPorte Road, Black Hawk and Ansborough Avenue, and Mullan Avenue and Franklin Street. 3. Resolution-to approve communication from Police Captain transmitting request of Main Street Waterloo, Waterloo Community Schools and the City of Waterloo to hold Fun Run Against the Mayor event to be held on September 21, 2004 from 9:00 a.m. to 12:00 p.m., with the run to begin at Lincoln Park to Park Avenue to Jefferson Street, up 4th Street to Lincoln Park and to close 4th Street and Park Avenue from Franklin Street to Jefferson Street as well as side streets from 5th Street to 3rd Street. 4. Resolution-to approve communication from Police Captain transmitting request of Grout Museum District to hold Tall Grass Prairie Brewfest on September 18, 2004 from 4:00 p.m. to 10:00 p.m. at Soldier's & Sailors Park and Cedar Street from 4th to 5th Streets. 5. Resolution-to approve communication from City Clerk transmitting request for variance to the Noise Ordinance on September 11, 2004 from 5:00 to 10:00 p.m. at 1002 Longfellow Avenue in conjunction with birthday party, including band/DJ performing from the north corner of the property facing Hoing-Rice Softball Complex, together with recommendation of approval of the Police Captain. 6. Resolution-to approve communication from City Clerk transmitting request of Jim Koch, 2720 Jasmine Drive,for a variance to the Noise Ordinance on September 4, 2004 from 10:00 a.m. to 10:00 p.m. in conjunction with Block Party to be held on Jasmine Drive between Orange Road and Dysart Road, including a DJ playing music, together with recommendation of approval of the Police Captain. • August 23, 2004 Page 3 7. Resolution-to approve communication from City Engineer transmitting request of Scott Mueller for a waiver for a concrete driveway to be located at 125 Peek Street, together with recommendation of approval. 8. Resolution-to approve communication from City Engineer transmitting request of Lighthouse Baptist Church for a waiver for a concrete driveway to be located at 300 Ralston Road, together with recommendation of approval. b. Motion to approve the following: 1. Robert Michael and Joshua Wessels, Police Officers, to attend Basic Swat School in Cedar Rapids, Iowa on August 23-27, 2004, with costs not to exceed $547.00, including use of city vehicle. 2. Alan Carrier, Police Lieutenant, and William Sauerbrei, Police Officer, to attend Firearms Instructors Certification Class in Des Moines, Iowa on September 8-9, 2004, with costs not to exceed $449.00, including use of city vehicle. 3. Steven Paul-Luke, Police Officer, to attend Basic Level 1 Officer Certification Course in Des Moines, Iowa on September 6-December 10, 2004, with costs not to exceed $3,798.40. 4. Carolyn Cole, Councilperson, to attend Iowa League of Cities 106th Annual Conference & Exhibit in Sioux City, Iowa on September 22-24, 2004, with costs not to exceed $150.00. 5. Reggie Schmitt, Councilperson, to attend Iowa League of Cities 106th Annual Conference & Exhibit in Sioux City, Iowa on September 22-24, 2004, with costs not to exceed $150.00. 6. Carolyn Cole, Councilperson, to attend National League of Cities 81st Congress of Cities and Exposition in Indianapolis, Indiana on November 30-December 4, 2004, with costs not to exceed $345.00. 7. Reggie Schmitt, Councilperson, to attend National League of Cities 81st Congress of Cities and Exposition in Indianapolis, Indiana on November 30-December 4, 2004, with costs not to exceed $345.00. 8. Don Temeyer, Community Planning & Development Director; Chris Western, Associate Planner; and Louis Starks, Contract Compliance & Grants Coordinator, to attend Brownfields 2004 Annual Conference in St. Louis, Missouri on September 19-22, 2004, with costs not to exceed $1,910.00, including use of city vehicle. August 23, 2004 Page 4 9. Communication from Leisure Services Director transmitting recommendation of appointment of Jeane Diehl to the position of Administrative Secretary, effective August 24, 2004. c. Liquor License Permit Application Class E Osco Drug, 2068 Logan Avenue (Renewal) (Expires 7/05/05) (Includes Sunday Sales) d. Wine License Permit Application Class B Osco Drug, 2068 Logan Avenue (Renewal) (Expires 7/05/05) (Includes Sunday Sales) e. Beer/Wine License Permit Application Special Class C Young Arena, 125 Commercial Street (Renewal) (Expires 9/6/05) (Includes Sunday Sales) f. Beer License Permit Application Class B Grout Museum at Soldiers & Sailors Park, 4th and Cedar Streets (5 days-9/18/04 - 9/23/04)) g. Beer License Permit Application Class C Tobacco Outlet Plus, 1803 LaPorte Road (Renewal) (Expires 10/14/05) (Includes Sunday Sales) h. Beer/Liquor License Permit Application Class C 3 Kings Sports Bar & Grill, 921 Broadway (New) (Expires 9/1/05) (Includes Sunday Sales) Mama Nick's Circle Pizzeria, 1934 Washington (Renewal) (Expires 9/9/05) (Includes Sunday Sales) Casey's 218 Pub, 4010-4018 University Avenue (Renewal) (Expires 9/30/05) (Includes Sunday Sales) Casey's Pub & Eatery, 1125 W. Donald (Renewal) (Expires 9/23/05) (Includes Sunday Sales) i. Outdoor Service Area Application Grout Museum at Soldiers & Sailors Park, 4th and Cedar Street Casey's Pub & Eatery, 1125 W. Donald • August 23, 2004 Page 5 j. Cigarette License Permit Application Balkin Grocery, 1816 Williston Avenue The Times L.C., 226 West 5th Street Neighborhood Corner Spot, LLC, 735 Logan Avenue k. Recycling Yard License Applications for Approval Chase Auto Parts, 1117 Sheffield Avenue, subject to conditions Dick's Auto Salvage, 612 Power Street, subject to conditions Northside Auto, 821 Dearborn Avenue Pierce Used Cars, 1500 Commercial, subject to conditions Plum's R&B, 2630 W.C.F.&N. Drive, subject to conditions Quail's Auto, 202 Glendale Street Weekley's Auto Salvage, 110 Court 1. Pawnbroker's License Application Fan-is Stereo &Alarm, 211 W. 18th Street Levi Brothers Jewelers Ltd, 306 E. 4th Street Robin's Surplus and Pawn, 110 E. 4th Street Waterloo Jewelry, 330 E. 4th Street Mister Money USA of Waterloo, 1516 LaPorte Road Duees Pawn & Gun, 909 Independence Avenue m. Bonds. HEARINGS 2. Site plan amendment to the "R-P"Planned Residence District and "C-P"Planned Commercial District for property generally located just west of the Lincoln Savings Bank at 242 Tower Park Drive for the purpose of development of a medical imaging office facility. 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 3. F.Y. 2005 Sidewalk Repair Assessment Program-Zone 4, Contract No. 679. Resolution-to approve communication from Associate Engineer transmitting recommendation of award of contract in the amount of$54,787.65 to Ti-Zack Concrete, Inc. of LeCenter, Minnesota. August 23, 2004 Page 6 PETITIONS FROM PUBLIC 4. Resolution-to approve communication from Senior Planner transmitting request of Midwest Auto Brokers to rezone from "C-1" Commercial District to "C-1,C-Z" Conditional Zoning District property generally located at the southeast corner of Falls and Ansborough Avenues for the purpose of establishing an off-site used vehicles sales display lot, together with recommendation of approval of Planning, Programming and Zoning Commission. Set date of hearing as September 13, 2004. 5. Resolution-to approve communication from Senior Planner transmitting request of Randy & Steve Hellman to rezone from "R-4" Multiple Residence District to "C-1" Commercial District property generally located at the southeast corner of LaPorte Road and Locke Avenue for the purpose of opening a new Dairy Queen, together with recommendation of approval of Planning, Programming and Zoning Commission. Set date of hearing as September 13, 2004. 6. Resolution-to approve communication from Senior Planner transmitting request of Norm Hayek to rezone from "A-1"Agricultural District to "R-1" One & Two Family Residence District property generally located west of Nottingham Addition for the purpose of a future residential subdivision, together with recommendation of approval of Planning, Programming and Zoning Commission. Set date of hearing as September 13, 2004. 7. Resolution-to approve communication from Senior Planner transmitting request of David Deeds to rezone from "R-3"Multiple Residence District and "C-1" Commercial District to "R-3,R-P"Planned Residence District property generally located along East 8th and Lafayette Streets for the purpose of constructing new single-family homes, together with recommendation of Planning, Programming and Zoning Commission. Set date of hearing as September 13, 2004. 8. Resolution-to approve communication from Senior Planner transmitting request of Brent and Charlotte Williams to sell and convey for$750.00 property generally located along Back Hawk Road, Huntington Park Lots 10 and 11. Set date of hearing as September 7, 2004. 9. Resolution-to approve communication from Senior Planner transmitting request of Mary Gifford to vacate, sell and convey for$1.00 an alley generally located between 1309 and 1317 West 11 th Street, together with recommendation of approval of Planning, Programming and Zoning Commission. Set date of hearing as September 7, 2004. • August 23, 2004 Page 7 10. Resolution-to approve communication from Senior Planner transmitting request of Bill Ramsey to vacate, sell and convey for$1.00 a portion of right-of-way generally located on Home Park Boulevard, south of lot 12 and the west 20 feet of lot 13 in Lewis Miller's Small Farms Addition, together with recommendation of approval of Planning, Programming and Zoning Commission. Set date of hearing as September 7, 2004. 11. Resolution-to approve communication from Senior Planner transmitting request of NCN Limited to vacate, sell and convey for$1.00 city right-of-way generally located northeast of the former Winterbottom building along Westfield Avenue. Set date of hearing as September 7, 2004. DOCUMENTS 12. Resolution-to approve communication from Leisure Services Director transmitting agreement with InVision Architect at a cost of$27,700.00 to provide design, construction documents and construction administrative services in conjunction with Iry Warren Memorial Golf Course Pro Shop Renovation Project. 13. F.Y. 2005 Sidewalk Repair Assessment Program-Zone 4, Contract No. 679. Resolution-to approve communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of$54,787.65 from Ti-Zack Concrete, Inc. of LeCenter, Minnesota. 14. Resolution-to approve communication from Community Planning and Development Director transmitting Release of Real Estate Mortgage for Michael C. Hollen for full payment of loan for The Gallery. 15. Resolution-to approve communication from Associate Planner transmitting request of Henry and Loren Wellnitz for tax exemptions on improvements totaling $32,364.00 for property located at 2142 Logan Avenue, together with recommendation of approval. 16. Resolution-to approve communication from Associate Planner transmitting request of Gary and Trudy Conner for tax exemptions on improvements totaling $135,800.00 for property located at 160 Sabrina Circle, together with recommendation of approval. RESOLUTIONS TO BE ADOPTED 17. Resolution-to rename public street generally located south of West 4th Street in the area west of Ansborough Avenue from Ridgeview Court to Kent Circle. 18. Resolution-to name a private street generally located south of E. Orange Road and east of Dublin Drive as Donegal Circle. August 23, 2004 " Page 8 19. Resolution-to establish a uniform policy regarding the lowering of flags to half staff at City of Waterloo buildings. 20. Resolution-to forgive demolition costs in the amount of$49,412.00 for 319 West 4th Street (former Devil's Den) and rescinding Resolution No. 2004-105. ORDINANCES TO BE ADOPTED 21. An Ordinance amending the 2001 Code of Ordinance of the City of Waterloo, Iowa, by repealing At Large, of Section 5-IA-1, Definitions, of Article A, Dogs and Cats, of Chapter 1, Animal Control, of Title 5, Police Regulations; and enacting in lieu thereof a new At Large, of Section 5-IA-1, Definitions, of Article A, Dogs and Cats, of Chapter 1, Animal Control, of Title 5, Police Regulations. Motion-to receive,file, consider and pass for the first time. Motion-to suspend the rules. Motion-to consider and pass for the second and third times and adopt ordinance.. NEW BUSINESS 22. Resolution-to approve communication from Senior Planner transmitting request to vacate a portion of sidewalk generally located along Washington Street east of Park Avenue, together with recommendation of approval of Planning, Programming and Zoning Commission. Set date of hearing as September 20, 2004. 23. Resolution-to approve communication from Senior Planner transmitting request to amend the Zoning Ordinance, Ordinance No. 2479, as amended, as it pertains to accessory building regulations, together with recommendation of approval of Planning, Programming and Zoning Commission. Set date of hearing as September 20, 2004. 24. Resolution-to approve communication from Senior Planner transmitting request to amend Zoning Ordinance, Ordinance No. 2479, as amended, as it pertains to sign regulations, together with recommendation of approval of Planning, Programming and Zoning Commission. Set date of hearing as September 20, 2004. 25. Spring View 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. and award of bid to Gazaway &Associates in the amount of $33,000.00. Set date of hearing as September 7, 2004. ORAL PRESENTATIONS Motion-to receive and file oral comments. August 23, 2004 Page 9 Motion-to adjourn to Executive Session. EXECUTIVE SESSION 1. Discussion of acquisition of properties as part of the Ansborough Avenue Interchange Project pursuant to Iowa Code Section 21.5(1)6) (2003). Motion-to adjourn Executive Session. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, August 23, 2004 3:15 p.m. -Public Safety Committee, Council Chambers 3:20 p.m. - Public Works Committee, Council Chambers 3:25 p.m. -Human Resources Committee, Council Chambers 3:30 p.m. -Building & Grounds Committee, Council Chambers 3:55 p.m. -Finance Committee, Council Chambers 4:15 p.m. - Council Work Session, Council Chambers PUBLIC INFORMATION 1. Communication from Police Captain transmitting appointment of Eryn Rae Hageman, Dustin Ray Lindaman and Steven Edward Paul Luke to the position of Police Officer, effective August 23, 2004. 2. Waterloo Convention & Visitors Bureau Board minutes of July 20, 2004 on file in the City Clerk's office. 3. Waterloo Historic Preservation Commission minutes of July 19, 2004 on file in the City Clerk's office. 4. Waterloo Cultural and Arts Commission minutes of July 21, 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. 9 to Aspro, Inc. in the total amount due of$94,023.19. 2. F.Y. 2004 Asphalt Overlay Project, Contract No. 676. Pay estimate No. 7 to Aspro, Inc. in the total amount due of$236,388.65. August 23, 2004 Page 10 3. F.Y. 2004 Sidewalk Repair Program -Zone 4, Contract No. 677. Pay estimate No. 7 to Borwig Building Service, Inc. in the total amount due of $6,268.13. 4. F.Y. 2004 Young Arena Parking Lot Paving and Lighting, Contract No. 681. Pay estimate No. 3 to Bowers Masonry in the total amount due of$75,176.37. 5. F.Y. 2004 Ferguson Enterprises Development Sanitary Sewer Improvements, Contract No. 682. Pay estimate No. 3 to Earth Tech in the total amount due of$6,210.78. 6. 18th Street Bridge Replacement &Approach Roadway, Contract No. 622. Pay estimate No. 4 to Earth Tech in the total amount due of$23,714.37. 7. U.S. Highway 63 Planning Study, US 218 to Donald Street. Pay invoice No. 14 to Earth Tech in the total amount due of$9,788.70. 8. Cedar Valley Riverfront Renaissance Waterloo Vision Iowa Projects Riverfront Loop/Cedar River Dam/Cedar River Dam/Cedar River Plaza and Amphitheatre. Pay estimate No. 10 to Earth Tech in the total amount due of$16,204.60. 9. Easton Avenue WPFC CRS, Contract No. 549. Pay estimate No. 47 to Earth Teach in the total amount due of$13,619.14. 10. Satellite Interceptor Corrosion Inhibition Program, Contract No. 652. Pay estimate No. 13 to Municipal Pipe Tool Co. in the total amount due of $35,967.00. II mN COUNCIL WORK SESSION August 23, 2004 4 : 15 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed. 1 . Discussion of preliminary engineering for Downtown Riverfront Renaissance Plan—Community Planning & Development Director. Adjournment . Nancy Eckert City Clerk E � Council Work Session August 19, 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 and reports from council liaisons to boards and commissions. Motion—to adjourn. Nancy Eckert City Clerk