HomeMy WebLinkAboutMinutes-03/22/2004March 22, 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, March 22, 2004. Mayor Pro Tem Ron
Welper in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson,
Welper.
Moment of Silence.
Pledge of Allegiance: Jim Quint, MIS Manager.
119544 - Clark/Cole
that the Agenda, as amended to delete Item Nos. 5 and 22, for the Regular
Session on Monday, March 22, 2004, at 5:30 p.m., be accepted and approved.
Ayes: Seven. Motion carried.
119545 - Clark/Cole
119546
that the Minutes, as proposed, for the Regular Session on Monday, March 15,
2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
Mayor Pro Tem Welper read a proclamation declaring March 28 through April 2,
2004, as Boys & Girls Club Week.
Mayor Pro Tem Welper read a proclamation declaring April 2004 as Fair Housing
Month.
CONSENT AGENDA
Clark/Gunderson
that the following items on the consent agenda be received, placed on file and
approved:
a. Communication from Police Chief transmitting request of Waterloo Jaycees to
hold Fireworks Festival on July 3, 2004, from 7:00 p.m. to 12:00 midnight,
including use of Veterans Memorial Park, Fourth Street Bridge, Soldiers and
Sailors Park, lot along 4th Street in front of Courier and Sixth Street
Bridge.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2004-
134.
b. Steve Grimm, Haz Mat Instructor, to teach class in Boscobel, Wisconsin, on
March 23-25, 2004, with costs not to exceed $400.00.
c. Bradley Walter, Police Officer, to attend FBI Instructor Development Course
in Johnston, Iowa, on March 28 -April 2, 2004, with costs not to exceed
$335.00, including use of city vehicle.
d. Ann Meyer, Police Lieutenant; Mark Meyer, Police Sergeant; and Melissa
Ludwig, Police Investigator, to attend Iowa Association of Women Police
Annual Conference in Mason City, Iowa, on March 15-16, 2004, with costs not
to exceed $395.00, including use of city vehicle.
e. Michelle Weidner, Chief Financial Officer, to attend GFOA Annual Conference
in Milwaukee, Wisconsin, on June 11-16, 2004, with costs not to exceed
$1,500.00, including use of city vehicle.
f. Robert Hewitt, Police Sergeant, to attend Violence Against Women, Law
Enforcement Prosecution Conference in San Diego, California, on March 30 -
April 4, 2004, with costs not to exceed $270.00.
g•
Beer License Permit Application
Class C
New Star Mart, 1415 Logan Avenue (Renewal)
Sunday Sales)
Jim Lind Standard Service, 230 E. Ridgeway
4/6/05) (Includes Sunday Sales)
h. Beer/Liquor License Permit Application
Class C
Legends, 2122 Kimball Avenue (New Owner)
Sunday Sales)
Beck's Pub and Grille, 3295 University
(Includes Sunday Sales)
Nightclub Galaxy, 820 Sycamore
(Includes Sunday Sales)
Fortunes, 328 Elm Street (Renewal)
Sales)
(Expires 5/18/05) (Includes
Avenue
(Expires
Avenue (Renewal)
Street (New Owner)
(Renewal) (Expires
3/28/05) (Includes
(Expires 3/24/05)
(Expires 3/15/05)
(Expires 3/27/05) (Includes Sunday
March 22, 2004 Page 2
CONSENT AGENDA CONTINUED
i. Outdoor Service Area Application
Fortunes, 328 Elm Street (3/28/04 - 3/27/05)
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Bonds.
HEARINGS AND BIDS
119547 - Gunderson/Schmitt
that proof of publication of notice of public hearing on the F.Y. 2004 Sidewalk
Repair Program - Zone 4, Contract No. 677, as published in the Waterloo Courier
on March 12, 2004, be received and placed on file. Ayes: Seven. Motion
carried.
119548 - This being the time and place of public hearing, the Mayor Pro Tem called for
written and oral objections and there were none.
Cole/Gunderson
that the hearing be closed. Ayes: Seven. Motion carried.
119549 - Gunderson/Greenwood
that "Resolution confirming approval of plans, specifications, form of
contract, etc. in conjunction with F.Y. 2004 Sidewalk Repair Program - Zone 4,
Contract No. 677", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2004-135.
119550 - Gunderson/Greenwood
that "Resolution ordering construction in conjunction with above said project",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2004-136.
119551 - Gunderson/Greenwood
to receive, file and instruct City Clerk to open and read bids and refer to
City Engineer for review:
Bidder
Bid Bond Bid Amount
..........._.____.
B & B Builders and Supply, Waterloo, IA 5% $127,787.05
Borwig Building Services, Inc., Waterloo, IA 5% $ 88,183.19
Bowers Masonry, Inc., Waterloo, IA 5% $ 95,975.68
Ayes: Seven. Motion carried.
119552 - Gunderson/Kincaid
that proof of publication of notice of public hearing on the 2004 Maywood Park
Restroom Project, as published in the Waterloo Courier on March 5, 2004, be
received and placed on file. Ayes: Seven. Motion carried.
119553 - This being the time and place of public hearing, the Mayor Pro Tem called for
written and oral objections and there were none.
Paul Huting, Leisure Services Director, reported the bids being opened tonight
are for the concrete block and flatwork portion. Mr. Huting explained that the
estimated cost of the whole project is $48,000.00. Leisure Services staff will
be the General Contractor for the project and will provide the labor for
shelter installation, restroom plumbing and carpentry. The Maywood Park
Project will receive Community Development Block Grant funds covering 60
percent of the project, and the remaining 40 percent will be funded with
General Obligation bonds.
Kincaid/Gunderson
that the hearing be closed and oral comments be received and placed on file.
Ayes: Seven. Motion carried.
119554 - Gunderson/Schmitt
that "Resolution confirming approval of plans, specifications, form of
contract, etc. in conjunction with 2004 Maywood Park Restroom Project", be
adopted. Ayes: Seven.
Resolution adop� and upon approval by Mayor PrIIIP
m assigned No. 2004-137.
March 22, 2004
• •
HEARINGS AND BIDS CONTINUED
119555 - Gunderson/Schmitt
Page 3
that "Resolution ordering construction in conjunction with above said project",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2004-138.
119556 - Gunderson/Kincaid
to receive, file and instruct City Clerk to open and read bids and refer to
Leisure Services Director for review:
Bidder
Bowers Masonry, Waterloo, IA
Ayes: Seven. Motion carried.
HEARINGS
Bid Bond
Bid Amount
5% $13,485.00
119557 - This being the time and place of public hearing on violation by Lafayette
Liquors, 1309 Lafayette 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 Pro Tem called for
written and oral objections and there were none.
Gunderson/Greenwood
that the hearing be closed. Ayes: Seven. Motion carried.
119558 - Greenwood/Cole
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 Pro Tem assigned No. 2004-139.
UNFINISHED BUSINESS
119559 - Schmitt/Cole
that communication from City Engineer transmitting recommendation of award of
contract in the amount of $2,996,391.91 to Aspro, Inc. & Subsidiaries of
Waterloo, Iowa, in conjunction with F.Y. 2004 Street Reconstruction Program,
Contract No. 675, be received, placed on file and "Resolution approving said
award of contract", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Eric Thorson, City Engineer, reported the MBE goal for this project was 10
percent and 2 percent WBE goal. The prime contractor subcontracted 10.4
percent to a Minority Business Enterprise (MBE) and 15.6 percent to a Women
Business Enterprise (WBE), which are both above the stated goals.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2004-140.
PETITIONS FROM PUBLIC
119560 - Kincaid/Gunderson
that communication from City Planner transmitting request of Allen Hospital to
rezone from "R-3" Multiple Residence District and "C-1" Commercial District to
"C -P" Planned Commercial District property generally located at the southwest
corner of Heath Street and Highway 63 for the construction of a new 37,000 sq.
ft. Hy -Vee Grocery and Convenience Store, be received, placed on file and
"Resolution setting date of hearing as April 12, 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 Pro Tem assigned No. 2004-141.
March 22, 2004 Page 4
PETITIONS FROM PUBLIC CONTINUED
119561 - Gunderson/Schmitt
that communication from City Planner transmitting request for site plan
amendment to the "M -2,P" Planned Industrial District for property generally
located at the northwest corner of Martin Road and West Ridgeway Avenue for
Denso International to construct a new 36,000 sq ft. industrial building to be
located on an approximate 6.5 acre parcel with access from Martin Road and West
Ridgeway Avenue, be received, placed on file and "Resolution setting date of
hearing as April 12, 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 Pro Tem assigned No. 2004-142.
REPORTS
119562 - Greenwood/Kincaid
that communication from City Engineer transmitting recommendation of additions
and removals of streets to the 2004 Asphalt Overlay Program, Contract No. 676,
be received, placed on file and approved.
Prior to a vote on the above motion, the following comments were heard.
Eric Thorson, City Engineer, reviewed the changes to the 2004 Asphalt Overlay
Program, Contract No. 676. Mr. Thorson recommended that San Marnan Drive
between LaPorte Road and Penneys Street be removed from the program. Instead
of an overlay, San Marnan Drive would be replaced full depth with concrete. It
would be placed into its own separate contract with construction later this
year or next year. Mr. Thorson also recommended that River Road between Conger
Street and Mullan Avenue be placed into the 2004 Asphalt Overlay Program. Mr.
Thorson reported that during the design process for the Asphalt Overlay
Program, the Waste Management Department televises the sanitary sewer mains in
the streets that are included in the program. The Engineering Department then
reviews the sanitary sewer main tapes for condition and problems. It was
discovered that the portions of Cottage Street, Shilliam Avenue and Hawthorne
Avenue included in the program have sanitary sewer mains that are in poor
condition. Mr. Thorson recommended these streets be removed from this year's
program and be placed into the Reconstruction program for the 2009 and 2010
years. Mr. Thorson also recommended the portions of N. Barclay Street,
Hillside Avenue and Wisner Drive included in the 2005 Asphalt Overlay Program
be moved to the 2004 Asphalt Overlay Program.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven. Motion carried.
DOCUMENTS
119563 - Greenwood/Gunderson
that communication from City Engineer transmitting Contracts, Bonds and
Certificates of Insurance in the amount of $2,996,391.91 from Aspro, Inc. &
Subsidiaries of Waterloo, Iowa, in conjunction with F.Y. 2004 Street
Reconstruction Program, Contract No. 675, be received, placed on file and
"Resolution approving said documents", be adopted and Mayor Pro Tem and City
Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2004-143.
119564 - Gunderson/Kincaid
that communication from Associate Engineer transmitting Contracts, Bonds and
Certificates of Insurance in the amount of $4,445,968.39 from Peterson
Contractors, Inc. of Reinbeck, Iowa, in conjunction with F.Y. 2004 18th Street
Bridge and Approach Roadway, BRM -8155(650)-8N-07, STP -U-8155(652)-70-07, RM -
8155(654) -9D-07, Contract No. 622, be received, placed on file and "Resolution
approving said documents", be adopted and Mayor Pro Tem and City Clerk
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2004-144.
• •
March 22, 2004 Page 5
DOCUMENTS CONTINUED
119565 Schmitt/Kincaid
that communication from Associate Engineer transmitting Supplemental Agreement
No. 3 with Earth Tech, Inc. of Waterloo, Iowa, to provide professional services
at a cost of $424,000.00, with local match of $74,526.47, in conjunction with
F.Y. 2004 18th Street Bridge and Approach Roadway, BRM -8155(650)-8N-07, STP -U-
8155(652)-70-07, RM -8155(654)-9D-07, Contract No. 622, be received, placed on
file and "Resolution approving said Supplemental Agreement No. 3", be adopted
and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2004-145.
119566 - Cole/Schmitt
that communication from Associate Engineer transmitting Supplemental Agreement
No. 1 with Earth Tech, Inc. of Waterloo, Iowa, to provide professional services
at a cost of $169,500.00, with local match of $20,340.00, in conjunction with
U.S. 20/Ansborough Avenue Interchange Project, Contract No. 667, STP -U-
8155(616)-70-07, be received, placed on file and "Resolution approving said
Supplemental Agreement No. 1", be adopted and Mayor Pro Tem and City Clerk
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2004-146.
119567 - Schmitt/Cole
that communication from Assistant City Attorney transmitting
Acknowledgement/Settlement Agreement in the amount of $300.00 from Kwik Star,
324 Fletcher 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 Pro Tem and
City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2004-147.
119568 - Schmitt/Cole
that communication from Assistant City Attorney transmitting
Acknowledgement/Settlement Agreement in the amount of $300.00 from Kwik Stop,
1761 Independence 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 Pro Tem and
City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2004-148.
119569 - Schmitt/Cole
that communication from Assistant City Attorney transmitting
Acknowledgement/Settlement Agreement in the amount of $300.00 from New Star
Mart, 1415 Logan 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 Pro Tem and
City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2004-149.
119570 - Gunderson/Greenwood
that communication from Police Chief transmitting an application to the
Governor's Office of Drug Control Policy for FY 2004 Edward Byrne Memorial
Grant in the amount of $453,872.00, with city's portion of $204,700.00
supported by 25 percent match of $51,175.00, to be used for funding of the Tri -
County Drug Enforcement Task Force, be received, placed on file and "Resolution
approving said grant application", be adopted and Mayor Pro Tem authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2004-150.
March 22, 2004 Page 6
DOCUMENTS CONTINUED
119571 - Schmitt/Gunderson
that communication from Associate Planner transmitting request of Eric Berg of
Aspen Square Management for tax exemptions on improvements totaling
$1,688,200.00 for property located at 405 W. Donald Street in the Consolidated
Urban Revitalization Area, together with recommendation of approval, be
received, placed on file and "Resolution approving said application", be
adopted and City Clerk instructed to forward same to County Assessor. Ayes:
Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2004-151.
119572 - Gunderson/Schmitt
that communication from Airport Director transmitting Change Order No. 2 for a
net increase in the amount of $5,335.00 for work performed by Iowa -Illinois
Taylor Insulation in conjunction with Waterloo Regional Airport Terminal
Renovation be received, placed on file and approved and Mayor Pro Tem and City
Clerk authorized to execute same. Ayes: Seven. Motion carried.
119573 - Gunderson/Schmitt
that communication from Airport Director transmitting Change Order No. 8 for a
net increase in the amount of $31,309.00 for work performed by Peters
Construction in conjunction with Waterloo Regional Airport Terminal Renovation
be received, placed on file and approved and Mayor Pro Tem and City Clerk
authorized to execute same. Ayes: Seven. Motion carried.
119574 - Clark/Gunderson
that communication from City Planner transmitting Acquisition Contract with
Virgil and Winston Haley to acquire property located at 1628 Mulberry Street at
a cost of $44,630.00 in conjunction with EDA Rath Area Redevelopment Project be
received, placed on file and "Resolution approving said acquisition contract",
be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes:
Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2004-152.
119575 - Gunderson/Cole
that communication from Building Official/Maintenance Administrator
transmitting renewal of 28E Agreement with Black Hawk County to provide
Building Maintenance Administration for a 24 -month period be received, placed
on file and "Resolution approving said 28E Agreement", be adopted and Mayor Pro
Tem and City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2004-153.
ORDINANCES TO BE ADOPTED
119576 Noel Anderson, City Planner, reported that his letter to the council dated
February 17, 2004 contained conditions approved by the Planning, Programming
and Zoning Commission. City staff met with representatives from Omega Cabinets
and abutting property owners and have changed the conditions as follows: a)
That the line of trees along the west boundary of the property to be rezoned
shall not be removed; or if removed, a fence would be erected in their place;
and b) If a building were to be erected, said building would not be built, at a
minimum, within 50 feet of the west boundary.
Steve Moore, attorney representing Omega Cabinets, clarified they are asking
the council to vote on new actions tonight.
Clark/Schmitt
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance, by adding Subsection No. 352 to Section 2A-5, Rezoning Certain
Property", to rezone from "A-1" Agricultural District to "M-1" Light Industrial
District property generally located west of Burton Avenue, south of Airline
Highway for purpose of developing a 200 -stall parking lot for employees and
access for trucks off Burton Avenue be received, placed on file, considered and
passed for the first time. Ayes: Seven. Motion carried.
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4
March 22, 2004 • • Page 7
ORDINANCES TO BE ADOPTED CONTINUED
119577 - Schmitt/Clark
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended.
Prior to a vote on the above motion, the following comments were heard.
Noel Anderson, City Planner, reported that there are only two neighbors living
along Roor Lane. Mr. Anderson stated he spoke to both property owners and they
appear to be in agreement with these conditions. One of the property owners is
concerned about drainage in the area, but Omega Cabinets will have to meet the
city's storm water drainage requirements.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven. Motion carried.
119578 - Clark/Gunderson
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance, by adding Subsection No. 352 to Section 2A-5, Rezoning Certain
Property", be received, placed on file, considered and passed for the second
and third times and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4676.
119579 - Gunderson/Kincaid
that "an Ordinance vacating city right-of-way generally located at the corner
of Chestnut and Utica Streets", be received, placed on file, considered and
passed for the second time. Ayes: Seven. Motion carried.
119580 - Schmitt/Greenwood
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried
119581 - Gunderson/Kincaid
that "an Ordinance vacating city right-of-way generally located at the corner
of Chestnut and Utica Streets", be considered and passed for the third time and
adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4677.
119582 - Greenwood/Gunderson
that "Resolution authorizing sale and conveyance to Roosevelt Roby, Jr. for
$1.00", be adopted and City Attorney instructed to prepare and deliver deed
accordingly. Ayes: Seven.
Resolution adopted and upon approval of Mayor Pro Tem assigned No. 2004-154.
119583 - Greenwood/Gunderson
that the addendum to the development agreement be received, placed on file and
"Resolution approving said addendum", be adopted and Mayor Pro Tem and City
Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2004-155.
119584 - 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 received, placed on file, considered and
passed for the second time.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Clark stated he has been talking to the owners of Priority One
Automotive and they are trying to cooperate. Councilperson Clark stated he
understand WDC is trying to protect the city from increased costs when we
purchase these properties. Councilperson Clark stated in this particular
instance these gentlemen are trying to build their business, and the city is
stifling them. Councilperson Clark stated it could be years before the city
needs this property, and when we need the property we will have to purchase it
from them.
March 22, 2004 Page 8
ORDINANCES TO BE ADOPTED CONTINUED
Noel Anderson, City Planner, reported that the moratorium would be in effect
for 30 days from today, or until April 21, 2004. If the council does not
suspend the rules, then the moratorium would be in effect until April 28, 2004.
Mr. Anderson reported that the Downtown Redevelopment Master Plan will be
adopted as part of the City of Waterloo Comprehensive Plan. The Zoning
Ordinance will restrict the development. Mr. Anderson stated that staff will
develop an overlay district for the downtown area, and he does not believe
Priority One Automotive will fit into the overlay. Mr. Anderson stated
Priority One Automotive can continue to operate, but one of the objectives of
the moratorium is to not allow businesses to expand because the city would have
to pay more when purchasing the property. Mr. Anderson reported staff is
working with Priority One Automotive.
Councilperson Greenwood stated he could not support this ordinance any longer
as the council has received a letter from Eric Johnson, attorney for Priority
One Automotive, saying the city is impeding their ability to operate their
small business. Councilperson Greenwood noted as a small business owner, not
allowing them to improve their building leaves them at a disadvantage.
Councilperson Greenwood commented that Priority One Automotive just wants to
remodel, and their time is now because the time for them to really develop
their business is right now. Councilperson Greenwood stated he feels Priority
One Automotive should be allowed to expand, and the city can deal with the cost
later.
Councilperson Schmitt agreed with Councilperson Greenwood, but noted that the
downtown plan is where the city is going. By allowing businesses to expand
knowing they have to move is increasing the city's liability.
Councilperson Gunderson asked if there are plans for this property, and Mr.
Anderson responded not at this time.
Dave Zellhoefer, Assistant City Attorney, reported if the council does not pass
the ordinance, the moratorium will be over.
Councilperson Greenwood reported that nine months ago there were two property
owners who wanted to make improvements and an agreement was reached with them.
Waterloo Development Corporation purchased the former Yen Ching and Parrott &
Wood Funeral Home properties, and we are using them for their intended
purposes. Councilperson Greenwood stated he feels this moratorium impedes
Priority One Automotive from moving forward with their business.
Following comments a vote was taken on the above motion with the following
result. Ayes: Four. Nays: Greenwood, Clark, Gunderson. Motion carried.
119585 - Schmitt/Cole
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Four. Nays: Greenwood, Clark, Gunderson.
Motioned failed.
119586 - Greenwood/Clark
that "an Ordinance amending
Waterloo, Iowa, by repealing
Suspension; Civil Penalty, of
Offenses, of Title 5, Police
Subparagraph 2, of Paragraph
the 2001 Code of Ordinances of the City of
Subparagraph 2, of Paragraph F, Revocation or
Section 5-2A-2, Tobacco Products, of Article A,
Regulations; and enacting in lieu thereof a new
F, Revocation or Suspension; Civil Penalty, of
Section 5-2A-2, Tobacco Products, of Article A, Offenses, of Title 5, Police
Regulations (changing civil penalty for second, third, fourth and fifth offense
to reflect Iowa Code)", be received, placed on file, considered and passed for
the first time. Ayes: Seven. Motion carried.
119587 - Gunderson/Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
119588 - Gunderson/Schmitt
1
that "an Ordinance amending
Waterloo, Iowa, by repealing
Suspension; Civil Penalty, of
Offenses, of Title 5, Police
Subparagraph 2, of Paragraph
the 2001 Code of Ordinances of the City of
Subparagraph 2, of Paragraph F, Revocation or
Section 5-2A-2, Tobacco Products, of Article A,
Regulations; and enacting in lieu thereof a new
F, Revocation or Suspension; Civil Penalty, of
Section 5-2A-2, Tobacco Products, of Article A, Offenses, of Title 5, Police
Regulations (changing civil penalty for second, third, fourth and fifth offense
to reflect Iowa Code)", be considered and passed for the second and third times
and adopted. Ayes: Seven.
Ordinance adoptlend upon approval by Mayor Pro. assigned No. 4678.
f
March 22, 2004
BILLS PAYMENT
• •
119589 - Greenwood/Clark
Page 9
that "Resolution approving Schedule AP640, pp. 1-57, dated March 22, 2004, in
the amount of $2,300,840.79, 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 Pro Tem assigned No. 2004-156.
NEW BUSINESS
119590 - Kincaid/Gunderson
that communication from Superintendent of Traffic Operations transmitting
recommendation to install two 100 watt HPS street lights in the 1100 and 1200
blocks of Willow Street be received, placed on file and "Resolution approving
request", be adopted and City Clerk instructed to notify MidAmerican Energy of
same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2004-157.
119591 - Cole/Kincaid
to instruct Leisure Services Director to prepare plans, specifications, form of
contract, etc. in conjunction with City Hall Landscaping Project, be received,
placed on file and approved. Ayes: Seven. Motion carried.
119592 - Kincaid/Gunderson
that plans, specifications, form of contract, etc. in conjunction with City
Hall Landscaping Project, be received and placed on file. Ayes: Seven.
Motion carried.
119593 - Cole/Greenwood
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 Pro Tem assigned No. 2004-158.
119594 - Kincaid/Cole
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. as April 12, 2004, at 5:30 p.m. in the City Hall Council
Chambers", be adopted and City Clerk instructed to publish notice of same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2004-159.
119595 - Schmitt/Gunderson
to instruct Superintendent of Traffic Operations to prepare plans,
specifications, form of contract, etc. in conjunction with Purchase of LED
Traffic Signal Light Retrofit Module for Programmable Visibility Signal Heads,
be received and placed on file. Ayes: Seven. Motion carried.
119596 - Gunderson/Greenwood
that plans, specifications, form of contract, etc. in conjunction with Purchase
of LED Traffic Signal Light Retrofit Module for Programmable Visibility Signal
Heads, be received and placed on file. Ayes: Seven. Motion carried.
119597 - 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 Pro Tem assigned No. 2004-160.
119598 - Gunderson/Schmitt
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. as April 5, 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 Pro Tem assigned No. 2004-161.
March 22, 2004
NEW BUSINESS CONTINUED
119599 - Schmitt/Gunderson
Page 10
to instruct Leisure Services Director to prepare specifications, form of
contract, etc. in conjunction with 2004 Right of Way Mowing, be received,
placed on file and approved. Ayes: Seven. Motion carried.
119600 - Gunderson/Greenwood
that specifications, form of contract, etc. in conjunction with 2004 Right of
Way Mowing, be received and placed on file. Ayes: Seven. Motion carried.
119601 - Gunderson/Cole
that "Resolution preliminarily approving specifications, form of contract, etc.
in conjunction with above described project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2004-162.
119602 - Gunderson/Cole
that "Resolution setting date of hearing on specifications, form of contract,
etc. as April 5, 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 Pro Tem assigned No. 2004-163.
119603 - Schmitt/Gunderson
that communication from Community Planning & Development Director transmitting
Development Agreement with Denso International America, Inc. to sell and convey
for $1.00 approximately 6.5 acres of land in the Martin Road Industrial Park to
build 36,000 square foot facility generally located at the northwest corner of
Ridgeway Avenue and Martin Road, with tax rebates for five years at 30 percent
and a minimum assessment of $1,200,000.00, with the city to provide sanitary
sewer, water works front footage charge and grading estimated at $40,000.00, be
received, placed on file and "Resolution setting date of hearing as April 12,
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 by Mayor Pro Tem assigned No. 2004-164.
119604 - Kincaid/Gunderson
that communication from Community Planning & Development Director transmitting
Development Agreement with Hy -Vee to build 37,000 square foot facility
generally located at the southwest corner of U.S. 63 and Heath Street, with a
minimum assessment of $3,500,000.00, with tax rebates for approximately seven
years at $100,000.00 per year until the purchase price for the land is
reimbursed be received, placed on file and "Resolution setting date of hearing
as April 12, 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 by Mayor Pro Tem assigned No. 2004-165.
ADJOURNMENT
119605 - Gunderson/Schmitt
that the Council adjourn at 6:36 p.m. Ayes: Seven. Motion carried.
feiLt
Nancy Eckert
City Clerk
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