HomeMy WebLinkAboutMinutes-10/10/2005• •
October 10, 2005
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, October 10, 2005. Mayor Timothy J.
Hurley in the Chair. Roll Call: Kincaid, Cole, Clark, Schmitt, Gunderson, Welper.
Absent: Greenwood.
Moment of Silence.
Pledge of Allegiance: Don Temeyer, Community Planning & Development Director.
122413 - Welper/Kincaid
that the Agenda, as proposed, for the Regular Session on Monday, October 10,
2005, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood.
Motion carried.
122414 - Welper/Kincaid
that the Minutes, as proposed, for the Regular Session on Monday, October 3,
2005, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood.
Motion carried.
Mayor Hurley recognized Police Sergeant Kerry Devine and Reserve Officer Mike
Devine for first place trophy for the Team Obstacle Course Event at the Mounted
Horse Patrol School.
CONSENT AGENDA
122415 - Welper/Kincaid
that the following items on the consent agenda be received, placed on file and
approved:
a. Resolutions to approve the following:
1. Resolution approving Schedule AP640, pp. 1-65, dated October 10, 2005, in
the amount of $966,755.71, a copy of which is on file in the City Clerk's
office, together with recommendation of approval of the Finance Committee.
Resolution adopted and upon approval by Mayor assigned No. 2005-910.
2. Communication from City Engineer transmitting request of Michael M. Maxson
for a waiver for an asphalt driveway to be located at 1404 Robin Road,
together with recommendation of approval.
Resolution adopted and upon approval by Mayor assigned No. 2005-911.
3. Communication from Police Chief transmitting request of Waterloo
Convention & Visitors Bureau to hold Celebrate the Season Festival on
December 1-4, 2005, including Main Street lighted parade on December 3,
2005, ice carving competition, Friday'Loo at the Convention Center, kids
activities and sale at the Waterloo Center For The Arts, and performance
at Young Arena by the Cedar Valley Figure Skating Club.
Resolution adopted and upon approval by Mayor assigned No. 2005-912.
b. Motion -to approve the following:
1. Michael Rasmussen, Police Investigator, to attend Internet Crimes Against
Children Training in Minneapolis, Minnesota on October 23-28, 2005, with
costs not to exceed $497.00, including use of city vehicle.
2. Triad Architects -Youth Pavilion Consultants to travel to Waterloo, Iowa on
January 18-21, 2005, April 27-28, 2005, July 7-8, 2005, with costs not to
exceed $2,830.00.
c. Wine License Permit Application
Class B
Q&T Pharmacy, 920 West 5th Street (Renewal) (Expires 10/29/06)
d. Beer License Permit Application
Class C
Metro Mart, 2332 Falls Avenue (Renewal) (Expires 11/13/06) (Includes Sunday
Sales)
e. Beer/Wine License Permit Application
Special Class C
Highway 63 Diner, 3030 Marnie Avenue (Renewal) (Expires 11/4/06) (Includes
Sunday Sales)
October 10, 2005
Consent Agenda continued
f. Bonds.
Ayes: Six. Absent: Greenwood. Motion carried.
HEARINGS
122416 - Gunderson/Welper
Page 2
that proof of publication of notice of public hearing on request of Schenk
Engineering on behalf of Nooren Realtors for a site plan amendment to the "S-1"
Shopping Center District for property generally located west of 1535 Flammang
Drive for the purpose of constructing a 14,950 square foot commercial building
to be broken into 9 equal bays of 1,661 square feet, as published in the
Waterloo Courier on September 30, 2005, be received and placed on file. Ayes:
Six. Absent: Greenwood. Motion carried.
122417 - 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 filed. Ayes: Six. Absent:
Greenwood. Motion carried.
122418 - Gunderson/Welper
that "Resolution approving said site plan amendment", be adopted. Ayes: Six.
Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2005-913.
122419 - Schmitt/Clark
that proof of publication of notice of public hearing on request of Commercial
Horizons for a site plan amendment to the "S-1" Shopping Center Commercial
District for property generally located at the southwest corner of Sears Street
and San Marnan Drive for construction of an Advanced Auto and retail
development, as published in the Waterloo Courier on September 30, 2005, be
received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried.
122420 This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Schmitt/Clark
that the hearing be closed and recommendation of approval of the Planning,
Programming and Zoning Commission be received and filed. Ayes: Six. Absent:
Greenwood. Motion carried.
122421 - Schmitt/Clark
that "Resolution approving said site plan amendment", be adopted. Ayes: Six.
Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2005-914.
122422 - Welper/Kincaid
that proof of publication of notice of public hearing on request of Deer Creek
Development for a site plan amendment to the "M -2,P" Planned Industrial District
for property generally located at the northeasterly corner of Greyhound Drive
and Highway 63 for purpose of construction of a Gold's Gym and convenience store
development, as published in the Waterloo Courier on September 30, 2005, be
received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried.
122423 - 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 filed. Ayes: Six. Absent:
Greenwood. Motion carried.
October 10, 2005
Hearings continued
122424 - Welper/Gunderson
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Page 3
that "Resolution approving said site plan amendment", be adopted. Ayes: Six.
Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2005-915.
DOCUMENTS
122425 - Kincaid/Schmitt
that communication from Building Official/Maintenance Administrator transmitting
Certificate of Completion and Acceptance of Work performed by Johnson Controls
in conjunction with Five Sullivan Brothers Convention Center Equipment Upgrade -
Phase I, be received, placed on file and "Resolution approving said documents",
be adopted and Mayor authorized to execute same.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Gunderson asked what work was performed by Johnson Controls under
Phase I.
Lou Cutwright, Building Official/Maintenance Administrator, responded Phase I
was installation of new control valves for all the zones in the facility so they
can function properly. Most of the control valves were nomadic which is an out-
dated control system even though still used today. Mr. Cutwright stated the
cost of the project was lowered by utilizing the city's maintenance workforce to
do all of the installation. Johnson Controls subcontracted the electrical work
to K & W Electric to replace all the wiring and thermostats so we would have
absolute control over all the zones in the facility.
Councilperson Gunderson referred to Mr. Cutwright's memorandum dated August 16,
2005 concerning Phase II, which involves controls at a cost of $211,000.00 for
the Five Sullivan Brothers Convention Center. Mr. Cutwright responded that none
of the air handlers were worked on in Phase I. Phase I involved replacement of
all of the controls dealing with valving which controls the hot and cold water
coming from the chiller and boilers.
Councilperson Gunderson asked when will the city receive the report from Johnson
Controls on the upgrade which was included in the agreement to perform a study
on improvements to save money. Mr. Cutwright responded the council has the
study which was presented by Johnson Control, and that item has nothing to do
with the item before the council. tonight nor Phase II.
Mayor Hurley stated the city entered into an energy management study which is
completely separate from this item. Mr. Cutwright stated he believes the
document has been distributed to Mayor Hurley
Following comments a vote was taken on the above motion with the following
result. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2005-916.
122426 - Kincaid/Cole
that communication from Building Official/Maintenance Administrator transmitting
agreement with Martin Brothers of Cedar Falls, Iowa, to lease a booster heater
for the dish machine at the Five Sullivan Brothers Convention Center at a cost
of $65.00 per month, be received, placed on file and "Resolution approving said
agreement", be adopted and Mayor authorized to execute same Ayes: Six.
Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2005-917.
122427 - Kincaid/Cole
that communication from Community Planning and Development Director transmitting
agreement with Terracon Consulting of Cedar Falls, Iowa to perform Phase 3
limited site investigation at a cost of $18,875.00 for the Cedar Valley Art Mali
property as part of the implementation of the Riverfront Renaissance Vision Iowa
Program, be received, placed on file and "Resolution approving said agreement",
be adopted and Mayor authorized to execute same. Ayes: Six. Absent:
Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2005-918.
October 10, 2005 Page 4
Documents continued
122428 - Kincaid/Cole
that communication from Associate Engineer transmitting Professional Services
Agreement, Supplemental Agreement No. 2 with Earth Tech, Inc. for construction
review services at an estimated cost of $15,000.00 in conjunction with Floodwall
Relocation at the Waterloo Center For The Arts Youth Pavilion, be received,
placed on file and "Resolution approving said agreement", be adopted and Mayor
and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2005-919.
122429 - Kincaid/Cole
that communication from Associate Engineer transmitting City -State Agreement
with the Iowa Department of Transportation for Surface Transportation Program
(STP) funds for traffic safety and operational improvements in conjunction with
F.Y. 2006 San Marnan Drive Traffic Improvements - Phase III, Contract No. 702,
be received, placed on file and "Resolution approving said agreement", be
adopted and Mayor and City Clerk authorized to execute same. Ayes: Six.
Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2005-920.
122430 - Clark/Schmitt
that communication from Assistant City Engineer transmitting Acceptance of Plat
Improvements (Sanitary Sewer) for the Summerland Farms Addition, be received,
placed on file and "Resolution approving said improvements", be adopted and two-
year maintenance bond from Ernster & Co. be received and placed on file. Ayes:
Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2005-921.
122431 - Clark/Schmitt
that communication from Superintendent of Waste Management Services transmitting
Professional Services Agreement with Earth Tech of Waterloo, Iowa to develop an
Emergency Conditions Continuation of Process plan for the Wastewater operation,
with project to be 93.33 percent funded by Black Hawk County Emergency Homeland
Security Grant funds, be received, placed on file and "Resolution approving said
agreement", be adopted and Mayor authorized to execute same. Ayes: Six.
Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2005-922.
122432 - Clark/Schmitt
that communication from City Engineer transmitting Engineering Services
agreement with Ament, Inc. of Waterloo, Iowa at a cost not to exceed $8,500.00
to assist the city in the preparation and implementation of the permit
requirements and continue coordination with other metropolitan cities in
conjunction with EPA Phase II Storm Water Management Permit, be received, placed
on file and "Resolution approving said agreement", be adopted and Mayor
authorized to execute same. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2005-923.
122433 - Clark/Schmitt
that communication from City Planner transmitting Preliminary Plat of Deer Creek
Plat No. 1, together with staff report, aerial photograph of the area, report of
the City Engineer, Certificate of Survey and legal description, be received,
placed on file and "Resolution approving said preliminary plat", be adopted.
Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2005-924.
RESOLUTIONS TO BE ADOPTED
122434 - Welper/Kincaid
that "Resolution accepting grant in the amount of $7,000.00 from 2004 FY Iowa
State Homeland Security to reimburse the cost of providing a Continuity of
Operation Plan for Waterloo Wastewater Pollution Control Facility", be adopted.
Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2005-925.
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October 10, 2005
NEW BUSINESS
122435 - Clark/Welper
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Page 5
that communication from General Manager of Waterloo Water Works transmitting
request to certify the amount of $956.79 for work performed by the Water Works
at 1912 Locke Avenue, together with recommendation of approval of the Waterloo
Water Works Trustees, be received, placed on file and "Resolution approving said
request", be adopted and City Clerk instructed to notify Black Hawk County
Treasurer of same. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2005-926.
122436 - Clark/Welper
that communication from General Manager of Waterloo Water Works transmitting
request to certify the amount of $2,020.00 for work performed by the Water Works
at 327 Adams Street, together with recommendation of approval of the Waterloo
Water Works Trustees, be received, placed on file and "Resolution approving said
request", be adopted and City Clerk instructed to notify Black Hawk County
Treasurer of same. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2005-927.
122437 Gunderson/Schmitt
to instruct Building Official/Maintenance Administrator to prepare plans,
specifications, form of contract, etc. in conjunction with Concrete Replacement
at Fire Station No. 1, be received, placed on file and approved. Ayes: Six.
Absent: Greenwood. Motion carried.
122438 - Gunderson/Schmitt
that plans, specifications, form of contract, etc. in conjunction with Concrete
Replacement at Fire Station No. 1, be received and placed on file. Ayes: Six.
Absent: Greenwood. Motion carried.
122439 - Gunderson/Schmitt
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with above described project", be adopted. Ayes:
Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2005-928.
122440 - Gunderson/Schmitt
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. as October 24, 2005 at 5:30 p.m. in the City Hall Council
Chambers and taking bids on the above described project", be adopted and City
Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2005-929.
122441 - Schmitt/Gunderson
that communication from City Planner transmitting five-year agreement with
Cingular Wireless to lease land for the placement of a cellular tower within the
fenced area of the treatment facility located along Airline Highway, near the
Waterloo Regional Airport at a cost of $700.00 per month, with option for four
additional five-year terms, be received, placed on file and "Resolution setting
date of hearing as October 24, 2005 at 5:30 p.m. in the City Hall Council
Chambers on above said request", be adopted and City Clerk instructed to publish
notice of same.
Prior to a vote on the above motion, the following comments were heard.
Don Temeyer, Community Planning and Development Director, stated this will be a
Cingular tower with attachments. A similar tower would be at West 3rd Street and
US Highway 63. Mr. Temeyer stated it is the intersection where the railroad
tracks tie into Airline Highway and into the Airport area and along the access
road to the treatment plant. Mr. Temeyer stated there is one house south of the
railroad track but this is not a residential area.
Councilperson Clark asked if the city is
landowners, and Mr. Temeyer responded that
Following comments a vote was taken on
result. Ayes: Six. Absent: Greenwood.
required to send notices to adjacent
we usually do not send notices.
the above motion with the following
Resolution adopted and upon approval by Mayor assigned No. 2005-930.
October 10, 2005 Page 6
ADJOURNMENT
122442 - Welper/Gunderson
that the Council adjourn at 5:59 p.m. Ayes: Six. Absent: Greenwood. Motion
carried.
Nancy Eckert, CMC
City Clerk
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