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HomeMy WebLinkAboutMinutes-04/05/2004• • April 5, 2004 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, April 5, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Tim Shea, Superintendent of Waste Management Services. ORAL PRESENTATIONS 119606 - Merrett Terrell, 1046 Independence Avenue, reported that he and his son were deer hunting in the Dunkerton Creek area on November 13, 2004, and his son shot a 26 -point buck. Mr. Terrell stated that people claiming to have shot the deer actually drove up and took his son's deer as part of the fair game chase law. Mr. Terrell stated the law needs to be looked at because he doesn't see how they can consider that fair game chase. Mr. Terrell indicated he still has the bloody arrow and would like to test the blood on the arrow with the deer, but the DNR has said he has no right to test the deer. Mr. Terrell stated that guy did not shoot the deer as he and his son tracked the deer on almost a run to the gravel road and then lost the trail. Mr. Terrell commented he just wanted people to know about this law, and the law needs to be changed. Welper/Kincaid that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 119607 - Clark/Gunderson that the Agenda, as amended, for the Regular Session on Monday, April 5, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 119608 - Clark/Greenwood that the Minutes, as proposed, for the Regular Session on Monday, March 22, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read Proclamation declaring April 5-11, 2004, as Ron Steele Week. CONSENT AGENDA 119609 - Clark/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Communication from Police Chief transmitting request of Easter Seals Camp Sunnyside to hold Pony Express Ride on April 9, 2004, with route to begin at approximately 3:00 p.m. along Lafayette Road from the city limits of Evansdale/Waterloo to 6th Street near the Black Hawk County Courthouse to Mulberry Street. Resolution adopted and upon approval by Mayor assigned No. 2004-166. 2. Communication from Police Chief transmitting request of Kari Boeckenstedt and Krista Barker to hold a Boot Block on April 17, 2004, from 10:00 a.m.-3:00 p.m. at the corners of Ridgeway and Hammond Avenues to raise money for the Leukemia and Lymphoma Society's Team in Training Program. Resolution adopted and upon approval by Mayor assigned No. 2004-167. 3. Communication from City Engineer transmitting request of Ken Stirm for a waiver for a concrete driveway to be located at 914 Reber Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2004-168. 4. Communication from City Clerk transmitting request of Grace Reformed Church, 520 Maxwell Street, for a variance to the Noise Ordinance on June 13, 2004, and August 8, 2004, from 8:30 a.m. to 11:30 a.m. in conjunction with outdoor community -wide worship services at Byrnes Park, including a P.A. system and live band. Resolution adopted and upon approval by Mayor assigned No. 2004-169. April 5, 2004 Page 2 CONSENT AGENDA CONTINUED 5. Communication from City Clerk transmitting request of Hawkeye Community College for an exception to burning yard waste to burn approximately 1 acre of prairie grass located across from the campus pond on the east edge of the campus and 10 acres of prairie grass located south of Arboretum Drive on April 7, 2004, or when weather permits, together with recommendation of approval of the Fire Chief, Leisure Services Director and Superintendent of Waste Management Services. Resolution adopted and upon approval by Mayor assigned No. 2004-170. 6. Communication from City Clerk transmitting request of Tom Shilke for an exception to burning yard waste to burn approximately acre of prairie grass located at Hoover Middle School and % acre of prairie grass located at Kittrell Elementary School from April through May 2004, when conditions permit, together with recommendation of approval of the Fire Chief, Leisure Services Director and Superintendent of Waste Management Services. Resolution adopted and upon approval by Mayor assigned No. 2004-171. 7. Communication from City Clerk transmitting request of Vern Fish, Nature Center Director, for an exception to burning yard waste to burn approximately 4 acres of prairie grass located within Hartman Reserve Nature Center in early April 2004, when weather permits, together with recommendation of approval of the Fire Chief, Leisure Services Director and Superintendent of Waste Management Services. Resolution adopted and upon approval by Mayor assigned No. 2004-172. b. Motion to approve the following: 1. Communication from Community Planning and Development Director transmitting recommendation of appointment of Connie Smith to the position of Secretary/Receptionist, effective at a mutually agreed upon date. 2. Communication from Leisure Services Director transmitting recommendation of appointment of Casey Harn to the position of Golf Maintenance II, effective April 12, 2004. 3. Communication from Leisure Services Director transmitting recommendation of appointment of Joseph McCracken to the position of Golf Maintenance II, effective April 12, 2004. 4. Communication from Leisure Services Director transmitting recommendation of appointment of Steven Schmitz to the position of Park Maintenance II, subject to passing physical examination. 5. Communication from Mayor Hurley transmitting recommendation of reappointment of Nicky Rainey -Thomas and Abraham Funchess to the Waterloo Commission on Human Rights, with term expiration date of January 1, 2007, and appointment of William Kay, with term expiration date of January 1, 2007. 6. Communication from Mayor Hurley transmitting recommendation of reappointment of Lou Porter to the Civil Service Commission, with term expiration date of April 1, 2008. 7. Dave Boesen, Fire Marshal, to attend class on Fire Inspection Principles in Emmetsburg, Maryland, on May 15-30, 2004, with costs not to exceed $207.00, including use of city vehicle. 8. Greg Bagsby, Rehabilitation Specialist, to attend Construction and Production Management Seminar in Minneapolis, Minnesota, on May 2-7, 2004, with costs not to exceed $2,130.00, including use of city vehicle. 9. Brent Cirksena, Police Lieutenant; and Joe Leibold, Police Sergeant, to attend Tactical Procurement Conference in Indianapolis, Indiana, on April 11-14, 2004, with costs not to exceed $908.00, including use of city vehicle. 10. Kerry Devine, Police Sergeant; and Ryan Muhlenbruch, Police Officer, to attend Urban Potential Seminar in Waterloo, Iowa, on April 7, 2004, with costs not to exceed $296.00. • April 5, 2004 CONSENT AGENDA CONTINUED Page 3 c. Beer License Permit Application Class B All Golf Center, 1850 W. Ridgeway Avenue (Renewal) (Expires 4/15/05) (Includes Sunday Sales) Waterloo Softball Association, Corner of Burton & Longfellow Avenues (New) (Expires 10/24/04) (Includes Sunday Sales) d. Beer License Permit Application Class C Falls Road Drug, 2027 Falls Avenue (Renewal) (Expires 4/30/05) Cork's Grocery, 1956 Lafayette Road (Renewal) (Expires 4/30/05) (Includes Sunday Sales) Holiday Station, 3260 University (Renewal) (Expires 5/04/05) (Includes Sunday Sales) e. Beer/Liquor License Permit Application Class C J's R&B Lounge, 501 Independence Avenue (New) (Expires 4/07/05) (Includes Sunday Sales) A.J. Eatery & Spirits, 1415 (Includes Sunday Sales) Odessey, 820 Newell Street (Expires 11/04/04 (Includes San Marnan Drive (Renewal) (Expires 4/21/05) (Transfer of License from 501 Independence) Sunday Sales) f. Liquor License Permit Application Class A Sunnyside Country Club (Renewal) (Expires 4/13/05) (Includes Sunday Sales) g Cigarette Permit Application Ramada Inn/Convention Center, 205 West 4th Street h. Outdoor Service Area Application All Golf Center, 1850 Ridgeway Avenue Waterloo Softball Association, Corner of Burton & Longfellow Avenues Sunnyside Country Club, 1600 Olympic Drive i Bonds Ayes: Seven. Motion carried. HEARINGS AND BIDS 119610 - Clark/Gunderson that proof of publication of notice of public hearing on 2004 Right of Way Mowing, as published in the Waterloo Courier on March 26, 2004, be received and placed on file. Ayes: Seven. Motion carried. 119611 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed. Ayes: Seven. Motion carried. 119612 - Greenwood/Cole that "Resolution confirming approval of plans, specifications, contract, etc. in conjunction with 2004 Right of Way Mowing", be Ayes: Seven. form of adopted. Resolution adopted and upon approval by Mayor assigned No. 2004-173. 119613 - Welper/Greenwood that "Resolution authorizing to proceed in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-174. April 5, 2004 Page 4 HEARINGS AND BIDS CONTINUED 119614 - Kincaid/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Option Option Option Option Option Option Option A B C D E F G Bid price/ price/ price/ price/ price/ price/ price/ Bidder Bond acre acre acre acre acre acre acre B&B Lawn Care, $3,000.00 $31.45 $31.45 $31.45 $20.00 $49.50 $40.00 $50.00 Inc. Waterloo, IA Professional $3,000.00 $35.65 No No $30.10$37.65No No Lawn Care Bid Bid Bid Bid Waterloo, IA Ayes: Seven. Motion carried. 119615 - Schmitt/Gunderson that proof of publication of notice of public hearing on Purchase of LED Traffic Signal Light Retrofit Module for Programmable Visibility Signal Heads, TRAF-103-04, as published in the Waterloo Courier on March 26, 2004, be received and placed on file. Ayes: Seven. Motion carried. 119616 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed. Ayes: Seven. Motion carried. 119617 - Greenwood/Cole that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Purchase of LED Traffic Signal Light Retrofit Module for Programmable Visibility Signal Heads, TRAF-103-04", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-175. 119618 - Greenwood/Schmitt that "Resolution authorizing to proceed in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-176. 119619 - Welper/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Traffic Operations for review: Bidder Brown Traffic Products, Davenport, IA General Traffic Control, Inc., Spencer, IA Traffic Control Corporation, Addison, IL Ayes: Seven. Motion carried. 119620 - Greenwood/Kincaid Bid Bond 5% $900.00 $775.00 Bid Amount $17,021.25 $16,285.00 $15,470.60 that proof of publication of notice of public hearing on Public Restrooms, Break Room and Women's Police Locker Room Renovation, as published in the Waterloo Courier on March 22, 2004, be received and placed on file. Ayes: Seven. Motion carried. 119621 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Gunderson that the hearing be closed. Ayes: Seven. Motion carried • April 5, 2004 • • HEARINGS AND BIDS CONTINUED 119622 - Welper/Gunderson Page 5 that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Public Restrooms, Break Room and Women's Police Locker Room Renovation", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-177. 119623 - Welper/Cole that "Resolution authorizing to proceed in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-178. 119624 - Gunderson/Welper to receive, file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review: Bidder Kidder Construction, Waterloo, IA Don Gardner Construction, Waterloo, IA Ayes: Seven. Motion carried. HEARINGS Bid Bond Bid Amount 5% $33,203.00 5% $30,280.00 119625 - This being the time and place of public hearing on violation by Waterloo Convenience, formerly known as 3 Star Mart, 127 Jefferson Street, of City of Waterloo Code of Ordinances Section 5 -2A -C, selling, giving or supplying any tobacco, tobacco products or cigarettes to person under eighteen years of age, the Mayor called for written and oral objections and there were none. Tahir Tatla, owner of the business located at 127 Jefferson Street, explained that the employee just started working on the day the violation notice was issued. The employee checked the ID, but was nervous and mistakenly sold cigarettes to an underage individual. Mr. Tatla asked the council to dismiss the violation because it was training time for the new employee, and she was nervous and under a lot of strain. Councilperson Clark stated he sympathizes with Mr. Tatla, but unfortunately when an employer hires someone, it is a tremendous responsibility to train them. Councilperson Clark explained if sales are to someone under 18 years of age, that is violation of state law, and the council cannot dismiss it because of training. Councilperson Clark reported the state has training for new employees and advised Mr. Tatla to send his employees to the training. Nikole Blackledge, 207 Miriam Drive, explained that she pled guilty and paid her fine and asked the council not to charge Mr. Tatla the civil penalty for her mistake. Ms. Blackledge reported she did check the ID, but she miscalculated. Gunderson/Clark that the hearing be closed and oral comments be received and placed on file. Ayes: Seven. Motion carried. 119626 - Welper/Schmitt that "Resolution affirming said violation and ordering civil penalty in the amount of $300.00 within 30 days of hearing", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-179. 119627 - Gunderson/Welper that proof of publication of notice of public hearing on request of Pioneer Graphics to vacate, sell and convey for $1.00 an alley generally located between West 4th and West 5th Streets, north of Bluff Street, as published in the Waterloo Courier on March 18, 2004, be received and placed on file. Ayes: Seven. Motion carried. April 5, 2004 Page 6 HEARINGS CONTINUED 119628 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Don Temeyer, Community Planning and Development Director, reported that Pioneer Graphics is planning a 9,600 square foot expansion. This request to expand involves Pioneer Graphics purchasing nearby properties just north of the Gibson Specialty site. They will be purchasing the former site of the Devil's Den, which was demolished by the city as a dangerous building and a lien placed against one of the lots. As part of this project the city would forgive the $45,704.00 demolition lien and a weed lien. The Stevens Family Trust will offer the property for $1.00 due to the forgiveness of the lien. This project will meet the Sale of Property Guidelines policy for acquiring city property because the expansion would pay the difference in taxes in the next eight years. Welper/Gunderson that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission and oral comments be received and placed on file. Ayes: Seven. Motion carried. 119629 - Schmitt/Cole that "an Ordinance vacating an alley generally located between West 4th and West 5th Streets, north of Bluff Street", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 119630 - Gunderson/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 119631 - Gunderson/Schmitt that "an Ordinance vacating an alley generally located between West 4th and West 5th Streets, north of Bluff Street", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4679. 119632 - Welper/Cole that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-180 119633 - Welper/Gunderson that proof of publication of notice of public hearing on the Development Agreement with James H. Slife of Pioneer Graphics for 9,600 sq. ft. addition to property generally located at 316 West 5th Street, with a 10 -year minimum assessment of $500,000 and 100 percent tax rebatements for five years, as published in the Waterloo Courier on March 18, 2004, be received and placed on file. Ayes: Seven. Motion carried. 119634 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Gunderson that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 119635 - Kincaid/Gunderson that "Resolution approving said Development Agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-181. April 5, 2004 • • HEARINGS CONTINUED 119636 - Gunderson/Schmitt Page 7 that proof of publication of notice of public hearing on request of James H. Slife of Pioneer Graphics to sell and convey for $1.00 property acquired from the Stevens Family Trust and generally located just north of the Gibson Specialty site, 323 West 4th Street, in conjunction with addition to property located at 316 West 5th Street, as published in the Waterloo Courier on March 18, 2004, be received and placed on file. Ayes: Seven. Motion carried. 119637 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 119638 - Welper/Cole that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-182. 119639 - Schmitt/Gunderson that proof of publication of notice of public hearing on request of John Hill and Andy Austin to rezone from "C-1" Commercial District to "C-2" Commercial District property generally located at 3520 Marigold Drive, just west of Highway 218, for the purpose of building a mini -storage facility, as published in the Waterloo Courier on March 22, 2004, be received and placed on file. Ayes: Seven. Motion carried. 119640 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 119641 - Kincaid/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 353 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 119642 - Schmitt/Gunderson that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 119643 - Welper/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 353 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4680. 119644 - Greenwood/Kincaid that proof of publication of notice of public hearing on request of John Dixon to rezone from "R-3" Residential District to "R -4",C -Z" Commercial District property generally located just east of 42 Franklin Street for the purpose of constructing a commercial appliance and repair business, as published in the Waterloo Courier on March 22, 2004, be received and placed on file. Ayes: Seven. Motion carried. April 5, 2004 HEARINGS CONTINUED Page 8 119645 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Cole that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 119646 - Kincaid/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 104 to Section 2A -7N, Conditional Zoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 119647 - Gunderson/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 119648 - Gunderson/Schmitt that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 104 to Section 2A -7N, Conditional Zoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4681. 119649 - This being the time and place of public hearing on the proposed amendment to the Comprehensive Plan to include updated Waterloo Downtown Redevelopment Master Plan, the Mayor called for written and oral objections. Merrett Terrell, 1046 Independence Avenue, asked if the plan went through Vision Iowa or is this a sneaky way to bypass what the citizens want. Mr. Terrell reported that by the railroad dam there is a big square opening on the south wall of the river, and it looks like Christmas with all kinds of refuse floating around. Mr. Terrell stated that the Cedar River is less than two feet deep all downtown with a few deep holes. When people want to fish there are no good accesses nor handicap accesses. Mr. Terrell stated he feels a city is only as good as its water supply, and ours is now mud. Mr. Terrell explained that he protested the Vision Iowa project standing in the Cedar River between 11th and 18th Streets. Mayor Hurley explained that the Vision Iowa Board approved this plan and awarded the funds to the city. Mayor Hurley stated that one of the first places we will start is the river and the 18th Street Bridge and amenities on I the river. Mr. Terrell commended the city on its trail, but even the trails don't have access to the river. Mr. Terrell stated that the citizens voted twice on the gambling issue and voted it down, and then the gambling issue was brought back to the citizens for a third time. People get tired of voting. Mr. Terrell stated they all told the council don't do the Vision Iowa Project until we clean the river. Mayor Hurley responded that over 30,000 citizens voted on the gambling issue, and the Cedar River will be addressed. Don Temeyer, Community Planning and Development Director, reported that a letter from Vanderwalle & Associates recommends removing the Community National Bank from the Economic Expansion Zone. Welper/Gunderson that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission and oral comments be received and placed on file. Ayes: Seven. Motion carried. 119650 - Welper/Gunderson that "Resolution approving said amendment to Comprehensive Plan to include updated Waterloo Downtown Redevelopment Master Plan", be adopted. Ayes: Seven. Resolution adoptedd upon approval by Mayor assig1 No. 2004-183. April 5, 2004 • • Page 9 UNFINISHED BUSINESS 119651 - Kincaid/Welper that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $13,485.00 to Bowers Masonry, Inc. of Waterloo, Iowa, in conjunction with 2004 Maywood Park Restroom Project (concrete block and flat work portion), be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-184. 119652 - Kincaid/Welper that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $88,183.19 to Borwig Building Services, Inc. of Waterloo, Iowa, in conjunction with F.Y. 2004 Sidewalk Repair Program - Zone 4, Contract No. 677, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-185. PETITIONS FROM PUBLIC 119653 - Schmitt/Cole that communication from City Planner transmitting request of Hawkeye Capitol Investments, L.L.C. to rezone from "R-2" One and Two Family Residence District and "C-2" Commercial District to "R-3" Multifamily Residence District property generally located north of Greenhill Road and west of South Hackett Road for the purpose of constructing multifamily apartments, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as April 19, 2004, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 2004-186. DOCUMENTS 119654 - Clark/Gunderson that communication from Leisure Services Director transmitting Contracts, Bonds and Certificates of Insurance in the amount of $13,485.00 from Bowers Masonry, Inc. of Waterloo, Iowa, in conjunction with 2004 Maywood Park Restroom Project (concrete block and flat work portion), be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-187. 119655 - Clark/Gunderson that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $88,183.19 from Borwig Building Service, Inc. of Waterloo, Iowa, in conjunction with F.Y. 2004 Sidewalk Repair Program - Zone 4, Contract No. 677, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-188. 119656 - Clark/Gunderson that communication from Police Chief transmitting renewal of one-year maintenance and support agreement with Printrak at a cost of $2,556.00 for utilization of services and equipment for mug shots be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-189. 119657 - Clark/Gunderson that communication from Fire Chief transmitting 28E Agreement with Cedar Township to provide fire protection and ambulance services be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. April 5, 2004 DOCUMENTS CONTINUED Prior to a vote on the above motion, the following comments were heard. Page 10 Councilperson Greenwood stated he doesn't think its fair that those citizens living across the street pay more. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-190. 119658 - Clark/Gunderson that communication from Fire Chief transmitting 28E Agreement with Elk Run Heights to provide fire protection and ambulance services be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-191. 119659 - Gunderson/Cole that communication from Leisure Services Director transmitting request of Trailblazers Off Road Club, Inc. to submit a grant application for ATV Registration funds from the Iowa Department of Natural Resources to pave a parking lot in the Riverview Recreation Area be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-192. 119660 - Gunderson/Cole that communication from City Planner transmitting an Access Agreement with Friends of Faith for property generally located on the easterly side of Lot 5, Southbrooke Addition, to allow construction of a patio/fencing to overhang on existing 20' easement be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-193. 119661 - Clark/Schmitt that communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of $300.00 from T Mart/Sinclair nka MS Petroleum, Inc., 2100 Lafayette Street, in settlement of selling tobacco, tobacco products or cigarettes to a person under eighteen years of age be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-194. 119662 - Clark/Schmitt that communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of $300.00 from Tobacco Outlet Plus, 1803 LaPorte Road, in settlement of selling tobacco, tobacco products or cigarettes to a person under eighteen years of age be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-195. 119663 - Clark/Schmitt that communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of $300.00 from Walgreen's, 111 W. Ridgeway Avenue, in settlement of selling tobacco, tobacco products or cigarettes to a person under eighteen years of age be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-196. • • • • April 5, 2004 • • DOCUMENTS CONTINUED 119664 - Clark/Schmitt Page 11 that communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of $300.00 from Babe's Tap, 210 Division Street, in settlement of selling tobacco, tobacco products or cigarettes to a person under eighteen years of age be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-197. 119665 - Greenwood/Schmitt that communication from City Planner transmitting agreement with Schenk Engineering to provide platting and surveying services in conjunction with further development in the Martin Road Tax Increment Finance District be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-198. RESOLUTIONS TO BE ADOPTED 119666 - Welper/Kincaid that "Resolution approving acceptance of assignment and indemnity agreement from Rampart Corporation assigning the F.Y. 2003 Intersection Improvements for Franklin St./let St. & Franklin St. /5'h Street, Contract No. 670, to Cedar Valley Corporation" be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-199. ORDINANCES TO BE ADOPTED 119667 - Kincaid/Welper that "an Ordinance extending the moratorium an additional 30 days on the construction, development, redevelopment, remodeling or new construction within the Vision Iowa Project area", be received, placed on file, considered and passed for the third time. Prior to a vote on the above motion, the following comments were heard. Councilperson Clark commented he didn't understand why we would need this ordinance when the Master Plan would do the same thing. Don Temeyer, Community Planning and Development Director, responded that it does, but the city is going to create an overlay. Mr. Temeyer explained that the city will try to help people relocate. Mr. Temeyer stated that Priority 1 Muffler & Brake Shops will be allowed to go ahead with their improvement project. Mayor Hurley explained that this ordinance guidelines for the short term. Councilperson Clark stated he feels this will feels we should allow small businesses to exp this will protect the city and Item #6 has protects the city and provides restrain and. been Criteria and Standards for Moratorium Area • small businesses, and he Mayor Hurley responded that added to the Redevelopment Mr. Temeyer explained that businesses can make improvements as long as they meet the criteria. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Greenwood, Clark. Motion carried. 119668 - Schmitt/Cole that "an Ordinance extending the moratorium an additional 30 days on the construction, development, redevelopment, remodeling or new construction within the Vision Iowa Project area", be adopted. Ayes: Five. Nays: Greenwood, Clark. Ordinance adopted and upon approval by Mayor assigned No. 4682. 119669 - Welper/Cole that "Resolution approving Redevelopment Criteria and Standards for Moratorium Area", be adopted. Ayes: Five. Nays: Greenwood, Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-200. April 5, 2004 Page 12 BILLS PAYMENT 119670 - Greenwood/Gunderson that "Resolution approving Schedule AP640, pp. 1-78, dated April 5, 2004, in the amount of $1,654,706.06, a copy of which is on file in the City Clerk's Office", be adopted, together with recommendation of approval of the Finance Committee. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-201. NEW BUSINESS 119671 - Welper/Gunderson to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2004 Asphalt Overlay Program, Contract No. 676, be received, placed on file and approved. Ayes: Seven. Motion carried. 119672 - Gunderson/Schmitt that plans, specifications, form of contract, etc. in conjunction with F.Y. 2004 Asphalt Overlay Program, Contract No. 676, be received and placed on file. Ayes: Seven. Motion carried. 119673 - Welper/Cole that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-202. 119674 - Gunderson/Kincaid that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as April 19, 2004, at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-203. 119675 - Welper/Gunderson that communication from Superintendent of Traffic Operations transmitting request to install 100 watt HPS street light at the intersection of Sager Avenue and South Hackett Road and install 250 watt HPS street light at the southwest corner of Greenhill Road and Katoski Drive be received, placed on file and "Resolution approving installation of said street lights", be adopted and City Clerk instructed to notify MidAmerican Energy of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-204. ADJOURNMENT 119676 - Gunderson/Cole that the Council adjourn at 6:50 p.m. Ayes: Seven. Motion carried. Nancy ckert City Clerk • • •