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HomeMy WebLinkAbout10. October Council Work Session October 28, 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, OCTOBER 25, 2004 General Rules for Public Particivation 1. You may address anv 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. Agenda, as proposed or amended. Minutes of October 18, 2004, Regular Session, as proposed. Proclamation declaring October 23-30, 2004 as Red Ribbon Week. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Resolution-to approve Bills Payment, Schedule AP640, a copy of which is on file in the City Clerk's office. 2. Resolution-to approve communication from City Engineer transmitting request of William Cozart for a waiver for an asphalt driveway to be located at 828 Hanna Boulevard, together with recommendation of approval. October 25, 2004 Page 2 3. Resolution-to approve communication from City Engineer transmitting request of Terry Lichty for a waiver for a concrete driveway to be located at 4750 Winghaven Drive, together with recommendation of approval. 4. Resolution-to approve communication from City Engineer transmitting request of Gene Sheetz for a waiver for a concrete driveway to be located at 611 Rooff Avenue, together with recommendation of approval. 5. Resolution-to approve communication from City Clerk transmitting request of Hawkeye Community College for an exception to burning yard waste to burn approximately / acre of prairie grass located across from Hawkeye Center directly east of Campus Drive from October 27-November 17, 2004, together with recommendation of approval of Leisure Services Director, Fire Chief and Superintendent of Waste Management Services. 6. Resolution-to approve communication from Police Chief transmitting request of Main Street Waterloo to hold Downtown Lights The Night event on November 27, 2004 from 5:45 p.m. to 8:00 p.m., with parade route to begin in public parking area under Hwy. 218 to Mulberry Street, Mulberry Street to 5th Street, 5th Street back to public parking area under Hwy. 218. b. Beer/Liquor License Permit Application Class C Hacienda Las Glorias III, 2822 University Avenue (Renewal) (Expires 10/14/05) (Includes Sunday Sales) Club 319, 229 East 4th Street (New) (Expires 9/07/05) (Includes Sunday Sales) Embassy Lounge, 225 East 5th Street (Renewal) (Expires 11/22/05) (Includes Sunday Sales) Club Thirty's, 1607 Sycamore Street (New) (Expires 10/07/05) (Includes Sunday Sales) c. Beer License Permit Application Class C Metro 66, 2332 Falls Avenue (Renewal) (Expires 11/13/05) (Includes Sunday Sales) Wine and Spirits, 2126 Kimball Avenue (New) (Expires 12/15/05) (Includes Sunday Sales) d. Wine License Permit Application Class B Wine and Spirits, 2126 Kimball Avenue (New) (Expires 12/15/05) (Includes Sunday Sales) e. Liquor License Permit Application Class E Wine and Spirits, 2126 Kimball Avenue (New) (Expires 12/15/05) (Includes Sunday Sales) October 25, 2004 Page 3 f. Fireworks Display Application Columbus High School on October 29, 2004 g. Bonds. HEARINGS AND BIDS 2. Iry Warren Pro Shop 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 order construction. Motion-to receive and file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review. 3. East and West Fifth Street Parking Ramps Deck Waterproofing. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to confirm approval of plans, specifications,form of contract, etc. Resolution-to order construction. Motion-to receive and file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review. HEARINGS 4. Vacation of 50'platted right-of-way generally located in the 200 Block of Creston Avenue and rescind Ordinance No. 4467 in its entirety. 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. 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. Rezone from "C-3" Central Business District to "C-P"Planned Commercial District property generally located along Commercial and Jefferson Streets, between near West 5th and West 6th Streets for the purpose of developing a gaming facility— Cedar Valley Gaming Co., LLC. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file recommendation of approval of 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. October 25, 2004 `- `-- Page 4 6. Rezone from "A-1"Agricultural District and "C-2" Commercial District with conditions to "C-P"Planned Commercial District property generally located at the northeast corner of Shaulis and Hess Roads for the purpose of developing a gaming facility Isle of Capri Casinos, 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 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. 7. Development Agreement to develop 25,000 sq.ft. of industrial buildings on a 3.01 acre site generally located along Highway 63,just north of Cyclone Drive to allow expansion of existing business, with a minimum taxable value of$600,000.00, with the city to reimburse Wilbert Burial Vault Company for the purchase price of the land plus five percent interest through rebatement of taxes of 90 percent over a ten-year time frame—Wilbert Burial Vault 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 recommendation of approval of Planning, Programming and Zoning Commission and oral and written comments. Resolution-to approve said development agreement. REPORTS 8. Resolution-to approve Snow and Ice Control Program and Policy. DOCUMENTS 9. Resolution-to approve communication from Community Planning and Development Director transmitting Release of Real Estate Mortgage with Consumer Credit Counseling of Northeast Iowa for payment in full of Loan No. RED-28. 10. Resolution-to approve communication from City Planner transmitting an application with Iowa Emergency Management Division through the Federal Emergency Management Agency for Hazard Mitigation Grant funding in the amount of $250,000.00, with 15 percent local match and 10 percent state match, in conjunction with acquisition of Litzkow Salvage Operation located within the Floodway District on Black Hawk Road. 11. Resolution-to approve communication from City Planner transmitting Memorandum of Understanding with Iowa Northland Regional Council of Governments to administer Flood Hazard Area Home Buyout/Mitigation Grant Program in conjunction with acquisition of Litzkow Salvage Operation located within the Floodway District on Black Hawk Road. October 25, 2004 Page 5 RESOLUTIONS TO BE ADOPTED 12. Resolution-to approve communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Martin Road Tax Increment District. 13. Resolution-to approve communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with San Marnan Tax Increment District. 14. Resolution-to approve communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Airport Tax Increment District. 15. Resolution-to approve communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Cattle Congress Tax Increment District. 16. Resolution-to approve communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Northeast Industrial Tax Increment District. 17. Resolution-to approve communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Downtown Tax Increment District. 18. Resolution-to approve communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Rath Tax Increment District. 19. Resolution-to endorse the use of Metropolitan Enhancement Funds in the amount of $50,000.00 for development of a trail head adjacent to the Cedar Valley Lakes Trail. 20. Resolution-to endorse the use of Metropolitan Enhancement Funds in the amount of $241,952.00 for development of a segment of the Donald Street Trail. 21. Resolution-to approve list of Priority One Snow Removal Streets. October 25, 2004 `' `- Page 6 22. Resolution-to approve installation of 25 mph speed hump in the middle of Saratoga Drive between Rudi Place and Cataract Avenue. 23. Resolution-to support Highland Crossing I, LLP for an Iowa Finance Authority tax credit project for affordable housing development along Idaho Street north of Stokes Manor. ORDINANCES TO BE ADOPTED 24. Rezone from "R-2" One and Two Family Residence District to "R-4,R P"Planned Residence District property generally located along Indiana Street between Lafayette and Dearborn Streets for the purpose of constructing an affordable assisted living facility—Richard Helegson. 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. 25. An ordinance amending the 2003 Traffic Code by repealing Subsection (4)Newton Street of Section 568, Two Hour Parking Between 8:00 a.m. and 4:00 p.m.(remove restricted two hour parking between 8:00 a.m. and 4:00 pan. on the south side of the 900 block of Newton Street). 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. 26. An ordinance amending the 2003 Traffic Code by adding Subsection (31a) Pleasant Street to Section 545, Yield Streets (installing Yield signs on Allen Street at Pleasant Street). 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 27. Resolution-to approve communication from City Engineer transmitting Reconstruction and Overlay Street Improvements Lists for 2005. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Nancy Eckert, CMC City Clerk • October 25, 2004 Page 7 MEETINGS Monday, October 25, 2004 4:05 p.m. -Public Works Committee, Council Chambers 4:10 p.m. -Finance Committee, Council Chambers 4:30 p.m. - Council Work Session, Council Chambers PUBLIC INFORMATION 1. Certified list for the position of Sewer Maintenance Worker as certified by the Civil Service Commission on October 14, 2004. 2. Certified list for the position of Housing Coordinator as certified by the Civil Service Commission on October 14, 2004. 3. Certified list for the position of Data Systems/Records Section Manager as certified by the Civil Service Commission on October 14, 2004. 4. Waterloo Cultural and Arts Commission minutes of September 15, 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. 12 to Aspro, Inc. in the total amount due of$84,932.95. 2. F.Y. 2004 Asphalt Overlay Project, Contract No. 676. Pay estimate No. 12 to Aspro, Inc. in the total amount due of$194,513.49. 3. F.Y. 2004 Young Arena Parking Lot Paving and Lighting, Contract No. 681. Pay estimate No. 6 to Bowers Masonry in the total amount due of$1,828.94. 4. F.Y. 03 NE Industrial Park GT Drive Extension Construction, Contract No. 663. Pay estimate No. 2 to Cunningham Construction in the total amount due of $19,102.09. 5. 18th Street Bridge &Approach Roadway, Contract No. 622. Pay estimate No. 10 to Peterson Contractors in the total amount due of $241,183.53. 6. F.Y. 2004 Ferguson Enterprises Development Sanitary Sewer Improvements, Contract No. 682. Pay estimate No. 3 to Peterson Contractors in the total amount due of$5,190.42. COUNCIL WORK SESSION October 25, 2004 4 : 30 p.m. Council Chambers Roll Call . Approval of Agenda, as proposed. 1. Discussion of Request for Proposals for Eastside Housing Project between East 8th and East 9th Streets and Request for Proposals for Housing next to the Center for the Arts— Community Planning and Development Director. Adjournment. Nancy Eckert City Clerk Council Work Session October 21, 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, OCTOBER 18, 2004 General Rules for Public Participation 1. You may address any item on the agenda by stepping to the podium, and after recognition by the chair, state your name, address and group affiliation(if appropriate)and speak clearly into the microphone. 2. You may speak one(1)time per item for a maximum of three(3)minutes. 3. Although not required by city code of ordinances, oral presentations may be allowed at the Mayor's discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1)issue per meeting for a maximum of three(3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 4. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 5. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 6. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Jim Quint, MIS Manager Agenda, as proposed or amended. Minutes of October 11, 2004, Regular Session, as proposed. Proclamation declaring October 18-22, 2004 as National Business Women's Week. Proclamation declaring month of October 2004 as National Disability Employment Awareness Month. Proclamation declaring month of November 2004 as National Family Caregivers Month. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: October 18, 2004 Page 2 1. Resolution-to approve Bills Payment, Schedule AP640, a copy of which is on file in the City Clerk's office. b. Motion to approve the following: 1. Communication from Mayor Hurley transmitting recommendation of appointment of the following to the Main Street Board: Mike Butler and Julie Brunning, with term expiration date of June 2007; Sue Fangman, Sherryl Newton and George Warren, with term expiration date of June 2006; Chuck Orr, Joe Murphy and Dwight Fritts, with term expiration date of June 2005. 2. Michelle Weidner, Chief Financial Officer, to attend Iowa Municipal Finance Officers Association Fall Conference in Des Moines, Iowa on October 21-22, 2004, with costs not to exceed $205.00, including use of city vehicle. 3. Stacey Hogle and Willie Keller, School Resource Officers, to attend Drugs, Guns and Gangs Class in West Des Moines, Iowa on October 14, 2004, with costs not to exceed $388.00, including use of city vehicle. 4. Aaron McClelland, Police Officer, to attend Rifle Instructor School in Des Moines, Iowa on November 1-5, 2004, with costs not to exceed $488.00, including use of city vehicle. 5. Brian Weldon and Ritchie Hesse, Police Officers, to attend Region 3 Annual In- Service Training Conference in Des Moines, Iowa on October 17-21, 2004, with costs not to exceed $1,612.12, including use of city vehicle. c. Beer License Permit Application Class B Godfather's Pizza, 1946 Schukei Road (Renewal) (Expires 10/31/05) (Includes Sunday Sales) Black Hawk Tennis Club, 1005 Black Hawk Road (Renewal) (Expires 10/31/05) (Includes Sunday Sales) d. Beer License Permit Application Class C Kum & Go, 3016 Mamie Avenue (Renewal) (Expires 12/10/05) (Includes Sunday Sales) Neighborhood Convenience Store, 916 Linn Street (Renewal) (Expires 10/8/05) (Includes Sunday Sales) Holiday Stationstore, 1604 LaPorte Road (Renewal) (Expires 11/30/05) (Includes Sunday Sales) Franklin Super Market, 1975 Franklin Street (Renewal) (Expires 11/11/05) (Includes Sunday Sales) • October 18, 2004 Page 3 e. Liquor License Permit Application Class E Franklin Super Market, 1975 Franklin Street (Renewal) (Expires 11/11/05) (Includes Sunday Sales) f. Wine License Permit Application Class B Franklin Super Market, 1975 Franklin Street (Renewal) (Expires 11/11/05) (Includes Sunday Sales) g. Outdoor Service Area Application Black Hawk Tennis Club, 1005 Black Hawk Road h. Cigarette Permit Application Jula's Liquor, 521 Dane Street i. Secondhand Goods Dealer License Application Hollywood Entertainment Corporation, 1511 E. San Marnan Drive j. Bonds. HEARINGS 2. Amendment to Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to creating a definition of a gaming facility and adding gaming facility as a permitted use in the "C-P"Planned Commercial District and the "M-2,P"Planned Industrial District and a special permitted use in the "M-2"Industrial 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. 3. Rezone from "R-2" One and Two Family Residence District to "R-4,RP"Planned Residence District property generally located along Indiana Street between Lafayette and Dearborn Streets for the purpose of constructing a 60-unit affordable assisted senior living facility Richard Helgeson. 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. October 18, 2004 `- Page 4 ' UNFINISHED BUSINESS 4. Purchase of 2005 Ford Ambulance Chassis. Resolution-to approve communication from Fire Chief transmitting recommendation to accept proposal in the amount of$23,908.00 from Dick Witham Ford of Waterloo, Iowa. DOCUMENTS 5. Resolution-to approve communication from Associate Planner transmitting request of Kenneth Yuska for tax exemptions on improvements totaling $13,000.00 for property located at 1735 Logan Avenue in the Consolidated Urban Revitalization Area, together with recommendation of approval. 6. Preliminary Plat of Highland Crossing. Resolution-to approve preliminary plat and necessary documents. 7. Final Plat of Nottingham Second Addition. Resolution-to approve final plat and necessary documents. 8. Preliminary Plat of Nottingham Third Addition. Resolution-to approve preliminary plat and necessary documents. 9. Metal Roof Restoration Storage/Repair Shop Water Pollution Control. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting Contracts, Bonds and Certificates of Insurance in the amount of$87,600.00 from Exteriors Limited of Vinton, Iowa. 10. 18th Street Bridge and Approach Roadway, Contract No. 622. Motion-to approve communication from Associate Engineer transmitting Change Order No. 7 for a net increase in the amount of$32,500.00 for work to be performed by Peterson Contractors, Inc. of Reinbeck, Iowa. RESOLUTIONS TO BE ADOPTED 11. Resolution-to support Richard Helgeson's application for low income housing tax credit for the development of 60-unit affordable assisted senior living facility development along Indiana Street between Lafayette and Dearborn Streets. ORDINANCES TO BE ADOPTED 12. An ordinance reducing the utility easement on property generally located at 147 Trible Road from 8'8" to 5 feet. 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. • October 18, 2004 Page 5 NEW BUSINESS 13. Resolution-to approve communication from Senior Planner transmitting request to set new date of hearing as November 1, 2004 on the request to vacate a utility easement generally located at the northeast corner of Hammond Avenue and San Marnan Drive,just south of the Menard's Lumber yard and rescind Ordinance No. 4691 in its entirety. 14. End Loader for Street Department. Motion-to instruct Superintendent of Central Garage to prepare specif cations,form of contract, etc. Motion-to receive and file specifications,form of contract, etc. Resolution-to preliminarily approve specifications,form of contract, etc. Resolution-to instruct City Clerk to publish notice of specifications,form of contract, etc. and taking of bids. Set date of hearing as November 1, 2004. ORAL PRESENTATIONS Motion-to receive and file oral comments. - ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, October 18, 2004 4:20 p.m. -Public Safety Committee, Council Chambers 4:25 p.m. -Finance Committee, Council Chambers 4:45 p.m. - Council Work Session, Council Chambers PUBLIC INFORMATION 1. Civil Service Commission minutes of July 30, 2004 and September 27, 2004 are on file in the City Clerk's office. 2. Waterloo Public Library Board of Trustees minutes of September 13, 2004 on file in the City Clerk's office. 3. Communication from City Clerk transmitting resignation of Lori Shepard, Clerk II, effective September 23, 2004, together with recommendation of payment of $591.31 for unused vacation time and sick pay. October 18, 2004 Page 6 4. Communication from City Clerk transmitting retirement of Dianne Pearson, Administrative Secretary, effective September 30, 2004, together with recommendation of payment of$1,329.35 for unused vacation time and sick pay. COUNCIL WORK SESSION October 18, 2004 4 : 45 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed. 1 . Update from Main Street Waterloo. Adjournment . Nancy Eckert City Clerk Council Work Session October 14, 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, OCTOBER 11, 2004 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: Ned DeBerg, Fire Chief. Agenda, as proposed or amended. • Minutes of October 4, 2004, Regular Session, as proposed. Proclamation declaring October 15, 2004 as White Cane Safety Day. Proclamation declaring October 14, 2004 as Lights On After School Day. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Resolution-to approve Bills Payment, Schedule AP640, a copy of which is on file in the City Clerk's office. October 11, 2004 Page 2 2. Communication from Police Chief transmitting request of West High School to hold annual Homecoming Parade on October 15, 2004 from approximately 2:00 p.m. to 2:30 p.m., with parade starting at the west side parking lot traveling west on E. Ridgeway Avenue, north on Kimball Avenue, east on Easton Avenue, south on Baltimore and west on E. Ridgeway to the west parking lot. b. Motion-to approve the following: 1. Jason Hernandez, Medical Officer, to attend Iowa EMS Association Conference and Trade Show in Des Moines, Iowa on November 11-13, 2004, with costs not to exceed $503.80. 2. Rudy Jones, Community Development Director, to attend Iowa NAHRO Fall Conference in Des Moines, Iowa on October 20-22, 2004, with costs not to exceed $610.00, including use of city vehicle. 3. Stacy Hogle and Jody Clark, School Resource Officers, to attend Urban Potential Seminar in Waterloo, Iowa on September 30, 2004, with costs not to exceed $198.00 each, including use of city vehicle. AMEND- 4. Abraham Funchess, Human Rights Commissioner, to attend HUD Section 3 Training Conference in Baltimore Maryland on October 12-15, 2004, with costs not to exceed $2,497.90. 4. Keith Rogers, Police Investigator, to attend Law Enforcement Intelligence Conference in Des Moines, Iowa on October 17-20, 2004, with costs not to exceed $458.65, including use of city vehicle. 5. Kent Shankle, Curator, to attend Iowa Museum Association Annual Conference in Okoboji, Iowa on October 10-12, 2004, with costs not to exceed $370.00, including use of city vehicle. 6. Cammie Scully, Director of Cultural &Arts Commission, to attend Iowa Museum Association Annual Conference in Okoboji, Iowa on October 10-13, 2004, with costs not to exceed $145.00. c. Beer/Liquor License Permit Application Class C Z's Restaurant & Lounge, 3937 W. Airline Highway (Renewal) (Expires 10/31/05) d. Beer/Wine License Permit Application Special Class C Highway 63 Diner, 3030 Mamie Avenue (Renewal) (Expires 11/04/05) (Includes Sunday Sales) October 11, 2004 Page 3 e. Beer License Permit Application Class C Julia's Liquor, 521 Dane Street (New) (Expires 10/13/05) (Includes Sunday Sales) f Wine License Permit Application Class B Julia's Liquor, 521 Dane Street (New) (Expires 10/13/05) (Includes Sunday Sales) g. Liquor License Permit Application Class E Julia's Liquor, 521 Dane Street (New) (Expires 10/13/05) (Includes Sunday Sales) HEARINGS AND BIDS 2. Purchase of 2005 Ambulance Chassis. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file oral and written comments. Resolution-to confirm approval of specifications,form of contract, etc. Resolution-to authorize to proceed. Motion-to receive,file and instruct City Clerk to open and read bids and refer to Fire Chief for review. HEARINGS 3. Reduction of the 8'8" utility easement to 5 feet on property generally located at 147 Trible Road and rescind Ordinance No. 4353 in its entirety. 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. 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 4. Metal Roof Restoration For Solid Waste Storage and Repair Center at Pollution Control. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $87,600.00 to Exteriors Limited of Vinton Iowa for Urethane Insulation. October 11, 2004 Page 4 PETITIONS FROM PUBLIC 5. Resolution-to approve communication from City Planner transmitting request of Cedar Valley Gaming Co. LLC to rezone from "C-3" Central Business District to "C- P"Planned Commercial property generally located along Commercial and Jefferson Streets between near West 5th Street and West 6th Street for the purpose of developing a gaming facility, together with recommendation of approval of Planning, Programming and Zoning Commission. Set date of hearing as October 25, 2004. 6. Resolution-to approve communication from City Planner transmitting request of Isle of Capri Casinos, Inc. to rezone from"A-1"Agricultural District and "C-2" Commercial District to "C-P"Planned Commercial property generally located at the northeast corner of Shaulis Road and Hess Road for the purpose of developing a gaming facility, together with recommendation of approval of Planning, Programming and Zoning Commission. Set date of hearing as October 25, 2004. 7. Resolution-to approve communication from City Planner transmitting request of Willow Springs Estates, LP to rezone from "R-2" One and Two Family Residential District to "R-3,R-P"Planned Multifamily Residential District property generally located at the northwest corner of Willow Street and Idaho Street for the purpose of constructing a 60-unit affordable family housing development, together with recommendation of approval of Planning, Programming and Zoning Commission. Set date of hearing as November 1, 2004. DOCUMENTS 8. FY. 2003 Sidewalk Repair Program-Zone 3 and Trail Repair, Contract No. 664. Motion-t o approve communication from City Engineer transmitting Change Order No. 2 for a net decrease of$8,949.89 for work performed by Rampart Corporation of Waterloo, Iowa. 9. Resolution-to approve communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Rampart Corporation of Waterloo, Iowa in conjunction with F.Y. 2003 Sidewalk Repair Program-Zone 3 and Trail Repair, Contract No. 664, and receive and file two-year Maintenance Bond. 10. Resolution-to approve communication from Fire Chief transmitting Memorandum of Agreement with University of Northern Iowa at a cost of$5,501.00 for a partnership with Waterloo Fire Rescue in the planning, design and completion of an evaluation of the Fire Pals Education Program, with total funding provided by Center for Disease Control grant. October 11, 2004 Page 5 11. Resolution-to approve communication from Police Chief transmitting an agreement with Iowa Department of Public Safety, Iowa Governor's Traffic Safety Bureau for a Discretionary Innovative grant in the amount of$6,000.00 to be used to allow officers to conduct overtime enforcement directed at safety belt, child restraint and other traffic violations and funding of one in-car video camera. 12. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting agreement with Johnson Controls at a cost of $119,444.00 in conjunction with Phase I of Five Sullivan Brothers Convention Center Mechanical Restoration Project. 13. 2004 Pool Renovation - Gates. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting award of contract in the amount of$24,602.00 and agreement with Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa in conjunction with deck replacement and footing installation. 14. Resolution-to approve communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Cedar Valley Corporation of Waterloo, Iowa in conjunction with F.Y. 2003 Intersection Improvements for Franklin Street/E. 1st Street and Franklin Street/E. 5th Street, Contract No. 670, and receive and file two-year Maintenance Bond. 15. Resolution-to approve communication from City Engineer transmitting Construction Plans for paving for Anderson's First Addition (Mirage Ridge) to serve Furniture Row, as submitted by Wayne Claassen Engineering and Surveying, Inc. of Waterloo, Iowa. 16. Resolution-to approve communication from Fire Chief transmitting an agreement with C & S Car Company to lease a truck for FIREPALS Program at a cost of $490.00 per month for 12 months. 17. Preliminary Plat of Highland Crossing. Resolution-to approve preliminary plat and necessary documents. NEW BUSINESS 18. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$2,934.00 for work performed by the Water Works at 1208 Washington Street, together with recommendation of approval of Waterloo Water Works Trustees. October 11, 2004 Page 6 19. Resolution-to approve communication from City Planner transmitting Development Agreement with Wilbert Burial Vault Company to develop 25,000 sq.ft. of industrial buildings on a 3.01 acre site generally located along Highway 63,just north of Cyclone Drive, requiring a minimum taxable value of$600,000.00 with the city to reimburse Wilbert Burial Vault Company for the purchase of land, plus five percent interest through rebatement of taxes over a ten-year timeframe. Set date of hearing as October 25, 2004. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Nancy.Eckert, CMC City Clerk MEETINGS Monday, October 11, 2004 5:00 p.m. -Finance Committee, Council Chambers PUBLIC INFORMATION 1. Planning, Programming and Zoning Commission minutes of September 14, 2004 on file in the City Clerk's office. 2. Hwy 218 Design Review Board minutes of September 14, 2004 on file in the City Clerk's office. 3. Board of Waterloo Water Works Trustees minutes of September 29, 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. 12 to Aspro, Inc. in the total amount due of$357,979.20. 2. F.Y. 2004 Asphalt Overlay Project, Contract No. 676. Pay estimate No. 10 to Aspro, Inc. in the total amount due of$277,074.95. 3. F.Y. 2004 Sidewalk Repair Program-Zone 4, Contract No. 677. Pay estimate No. 10 to Borwig Building Services in the total amount due of $10,169.86. 4. F.Y. 2004 Young Arena Parking Lot, Contract No. 681. Pay estimate No. 5 to Bowers Masonry in the total amount due of$6,996.75. October 11, 2004 Page 7 5. U.S. Highway 63 Planning Study US 218 to Donald Street Pay invoice No. 17 to Earth Teach in the total amount due of$5,859.54. 6. Martin Luther King Drive & Bishop Avenue Connection Wetland Monitoring 2004 Growing Season. Pay final billing to Earth Tech in the total amount due of$6,700.00. 7. Ansborough Avenue Interchange With U.S. Highway 20, Contract No. 667. Pay estimate No. 3 to Earth Tech in the total amount due of$14,313.61. 8. 18th Street Bridge Replacement &Approach Roadway, Contract No. 622. Pay estimate No. 6 to Earth Tech in the total amount due of$18,771.71. 9. San Marnan Drive, Phase II, Contract No. 647. Pay estimate No. 1 to K. Cunningham Construction Co. in the total amount due of $10,850.55. 10. 18th Street Bridge Replacement &Approach Roadway, Contract No. 622. Pay estimate No. 10 to Peterson Contractors in the total amount due of $200,544.78. Council Work Session October 7, 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, OCTOBER 4, 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: Paul Huting, Leisure Services Director. Agenda, as proposed or amended. Minutes of September 27, 2004, Regular Session, as proposed. Proclamation declaring October 3-9, 2004 as Fire Prevention Week. Recognition of KBBG for receiving 2003 Media Award from the State of Iowa Community Betterment Program. October 4, 2004 Page 2 Recognition of Locke Funeral for receiving 2003 Leadership Award from the State of Iowa Community Betterment Program. Certificate of Recognition to Waterloo Church Row Historic Neighborhood Association for their New Neighbor Welcome Project. Recognition of Gayle and Neil Lundgren for receiving 2003 Good Neighbor Award from the State of Iowa Community Betterment Program. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. 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 Clarence Main for a waiver for a concrete driveway to be located at 1822 Byron Avenue, together with recommendation of approval. 3. Communication from City Clerk transmitting request of Richard Warhol for an exception to burning yard waste to burn approximately 1,500 sq.ft. of prairie grass located to the rear of the lot located at 2151 Grand Boulevard in Mid- November, together with recommendation of approval of Fire Chief, Leisure Services Director and Superintendent of Waste Management Services. b. Motion to approve the following: 1. Jason Brodie, Paramedic, to attend ACLS and PALS Classes in Iowa City, Iowa on October 28-29, 2004, with costs not to exceed $225.00. 2. Rick Curran, Steve Schmitz and Joel Shepard, Leisure Services Maintenance, to attend Playground Safety Inspector Certification Course in Council Bluffs, Iowa on October 18-20, 2004, with costs not to exceed $1,468.00, including use of city vehicle. 3. Louis Cutwright, Building Official/Maintenance Administrator, to attend Iowa Paralyzed Vets of America on Accessibility for ADA in West Des Moines, Iowa on October 13-14, 2004, with costs not to exceed $200.00, including use of city vehicle. October 4, 2004 - Page 3 c. Beer License Permit Application Class C All Stop Convenience Store, 2424 Ranchero Road (Renewal) (Expires 11/26/05) (Includes Sunday Sales) Kwik Trip, 506 West 9th Street (Renewal) (Expires 11/18/05) (Includes Sunday Sales) d. Wine License Permit Application Class B Q&T Pharmacy, 920 West 5th Street (Renewal) (Expires 10/29/05) (Includes Sunday Sales) e. Beer License Permit Application Class B Gates Park Golf Course, 820 E. Donald Street (Renewal) (Expires 10/03/05) (Includes Sunday Sales) f. Beer/Wine License Permit Application Special Class C Doughy Joey's Peetza Joynt, 300 West 4th Street (Renewal) (Expires 10/08/05) (Includes Sunday Sales) g. Beer/Liquor License Permit Application Class C Bar Furious, 1435 Sycamore Street (New) (Expires 10/15/05) DELETE - Club Thirty, 1607 Sycamore Street (Renewal) (Expires 10/07/05) (Includes Sunday Sales) The Brown Bottle, 209 West 5th Street (Renewal) (Expires 10/21/05) (Includes Sunday Sales) h. Outdoor Service Area Application Gates Park Golf Course, 820 E. Donald Street Doughy Joey's Peetza Joynt, 300 West 4th Street BID OPENING 2. Metal Roof Restoration For Solid Waste Storage and Repair Center at Pollution Control. Motion-to receive,file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review. October 4, 2004 -' ' Page 4 , HEARINGS 3. Vacation of 12 foot portion of the 17 foot utility easement generally located at 3951 Valdez Drive to allow moving the existing garage back on the property to allow an addition to be constructed to the rear of the home—Gary Larson. Motion-to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file recommendation of approval of Planning, Programming and Zoning Commission and oral and written comments. Motion-to receive,file, consider and pass for the first time. Motion-to suspend the rules. Motion-to consider and pass for the second and third times and adopt ordinance. PETITIONS FROM PUBLIC 4. Resolution-to approve communication from Community Planning & Development Director transmitting request of Basic Materials to dredge material from Tract F on city-owned property located in the East Lake/Brinker Lake area. DOCUMENTS 5. Resolution-to approve communication from Associate Planner transmitting request of Douglas and Tina Hoeppner for tax exemptions on improvements totaling $8,719.00 for property located at 1128 Kern Street in the Consolidated Urban Revitalization Area, together with recommendation of approval. 6. Resolution-to approve communication from Fire Chief transmitting Letter of Agreement between Waterloo Air Traffic Control Tower/Waterloo Airport and Waterloo Fire Rescue. 7. Resolution-to approve communication from City Clerk transmitting Acknowledgment/Settlement Agreement with Falls Road Drug to serve 30-day suspension of retail cigarette permit from October 11 through November 9, 2004 for sale of tobacco products to minors. 8. Resolution-to approve communication from Police Chief transmitting agreement with the Iowa Department of Human Rights -Division of Criminal and Juvenile Justice Planning for Juvenile Accountability Incentive Block Grant (JAIBG) in the amount of $11,649.00, with no required match, to develop programs that will target youth violence, gang and drug-related issues. RESOLUTIONS TO BE ADOPTED 9. Resolution-to approve allocation of$4,400.00 hotel/motel discretionary funds to the Grout Museum District to be used for year round advertising campaign. • October 4, 2004 Page 5 ORDINANCES TO BE ADOPTED 10. An ordinance amending the 2003 Traffic Code by adding Subsection (11 a) Pheasant Lane to Section 546, Yield Intersections (installation of Yield signs on Pheasant Lane at the intersection of Brookeridge Drive). 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 11. Resolution-to approve communication from Senior Planner transmitting request to set new date of hearing as October 25, 2004 on vacation of 50 foot platted right-of- way generally located in the 200 Block of Creston Avenue and rescind Ordinance No. 4467 in its entirety. 12. Resolution-to approve communication from Airport Director transmitting request to purchase John Deere 1600 Utility Vehicle with snow blower at a cost of $56,575.00 and Dodge 2500 Pickup Truck and snow blade at a cost of $36,455.00. 13. East Fifth and West Fifth Street Parking Ramps Deck Waterproofing. Motion-to instruct Building Official/Maintenance Administrator to prepare specifications,form of contract, etc. Motion-to receive and file specifications,form of contract, etc. Resolution-to preliminarily approve specifications,form of contract, etc. Resolution-to instruct City Clerk to publish notice of specifications,form of contract, etc. and taking of bids. Set date of hearing as October 25, 2004. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, October 4, 2004 4:50 p.m. -Human Resources Committee, Council Chambers 4:55 p.m. -Building and Grounds Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers October 4, 2004 Page 6 PUBLIC INFORMATION 1. Waterloo Regional Airport minutes of August 19, 2004 on file in the City Clerk's office. 2. Board of Adjustment minutes of August 24, 2004 on file in the City Clerk's office. 3. Metropolitan Transit Authority minutes of June 24, 2004 on file in the City Clerk's office. 4. Waterloo Convention & Visitors Bureau minutes of August 17, 2004 on file in the City Clerk's office. 5. Community Development Board minutes of July 20, 2004 on file in the City Clerk's office. 6. Memorial Hall Commission minutes of August 25, 2004 on file in the City Clerk's office. 7. Civil Service List for the position of Financial Analyst, as certified by the Civil Service Commission on September 27,.2004. CONTRACT PAYMENT SCHEDULE 1. F.Y. 2004 Ferguson Enterprises Development Sanitary Sewer Improvements, Contract No. 682. Pay estimate No. 2 to Peterson Contractors in the total amount due of$53,171.40.