HomeMy WebLinkAboutMinutes-01/23/20061 •
January 23, 2006
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, January 23, 2006. Mayor Timothy J.
Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Getty, Cole, Schmitt.
Absent: Greenwood.
Moment of Silence.
Pledge of Allegiance: Brad Hagen, Airport Director.
122879 - Schmitt/Kincaid
that the Agenda, as amended, for the Regular Session on Monday, January 23,
2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood.
Motion carried.
122880 - Schmitt/Kincaid
that the Minutes, as proposed, for the Regular Session on Monday, January 17,
2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood.
Motion carried.
CONSENT AGENDA
122881 - Schmitt/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. 1-41, dated January 23, 2006, in
the amount of $3,078,805.64, 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. 2006-48.
2. Communication from Police Chief transmitting request of Black Hawk County
Street Machines to hold car show on May 7, 2006 from 8:00 a.m. to 4:00
p.m., including blocking off several streets.
Resolution adopted and upon approval by Mayor assigned No. 2006-49.
3. Communication from Assistant City Engineer transmitting request of Willard
Frost for a temporary variance to the truck embargo ordinance on Idaho
Street from East Donald Street to Newell Street and West Donald Street
from Longfellow Avenue to Logan Avenue from January through April 2006.
Resolution adopted and upon approval by Mayor assigned No. 2006-50.
b. Motion to approve the following:
1. Tim Hurley, Mayor; and Don Temeyer, Community Planning & Development
Director, to attend Cedar Valley Coalition meetings in Washington, DC on
March 27-30, 2006, with costs not to exceed $1,400.00 each.
2. Cammie Scully, Director of Cultural & Arts Commission, to attend Iowa
Department of Cultural Affairs Advocacy Day workshops and IDCA Operating
Support Grant Workshop in Des Moines, Iowa on January 23-24, 2006, with
costs not to exceed $235.00.
3. Rhonda Weber, Police Officer; and Becky DeKruif, Police Officer, to attend
2006 Mid -States Division IAI Conference in Davenport, Iowa on April 10-14,
2006, with costs not to exceed $860.60, including use of city vehicle.
c. Beer/Liquor License Permit Application
Class C
Amalgamated Local 838 UAW, 2615 Washington Street (Renewal) (Expires 2/28/07)
d. Going Out of Business License Application
The Mulberry Bush, 1010 E. Mitchell Avenue (60 days thru 3/31/06)
Ayes: Six, with Councilperson Gunderson abstaining on a payment to him in the
amount of $338.74. Absent: Greenwood. Motion carried.
January 23, 2006
HEARINGS
122882 - Kincaid/Welper
that proof of publication of notice of public hearing on an
Wards and Precincts Ordinance to remove wording referring
Township Precinct 2, as published in the Waterloo Courier on
be received and placed on file.
carried.
Page 2
ordinance amending
to East Waterloo
January 13, 2006,
reenwood. Motion
Ayes: Six. Absent: G
122883 - This being the time and place of public hearing, the Mayor
and oral objections and there were none.
Schmitt/Kincaid
that the hearing be closed. Ayes: Six. Absent:
122884 - Kincaid/Cole
Greenwood.
called for written
Motion carried.
that "an ordinance amending Wards and Precincts Ordinance to remove wording
referring to East Waterloo Township Precinct 2", be received, placed on file,
considered and passed for the first time. Ayes: Six. Absent: Greenwood.
Motion carried.
122885 - Kincaid/Cole
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Greenwood. Motion carried.
122886 - Getty/Kincaid
that "an ordinance amending Wards and Precincts Ordinance to remove wording
referring to East Waterloo Township Precinct 2", be considered and passed for
the second and third times and adopted. Ayes: Six. Absent: Greenwood.
Ordinance adopted and upon approval by Mayor assigned No. 4798.
UNFINISHED BUSINESS
122887 - Welper/Schmitt
that communication from Assistant City Engineer transmitting recommendation of
award of contract in the amount of $129,435.00 to Summers' Enterprise of
Masonville, Iowa in conjunction with F.Y. 2006 Rath Brownfields Area Demolition,
Contract No. 708, be received, placed on file and "Resolution approving award of
said contract", be adopted subject to EDA approval.
Prior to a vote on the above motion, the following comments were heard.
Mayor Hurley noted a letter has been received from Louis Starks, Contracts and
Grants Coordinator, who has reviewed the contract and discussed it with the
apparent low bidder, and it appears Summers' Enterprise will at minimum reach
the city's 10 percent participation goal for minority contractors.
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. 2006-51.
REPORTS
122888 - Schmitt/Kincaid
that
Tech
used
file
communication from Airport Director transmitting report prepared by Earth
Engineering for release of five parcels of airport property from FAA to be
for commercial use in the Mid Port Industrial Park, be received, placed on
and "Resolution approving said report", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Don Temeyer, Community Planning & Development Director, reported four properties
were listed in the blue area and the fifth one is in the red area. These are
properties that have been shown on the Airport Master Plan to be converted to
future industrial use.
• •
January 23, 2006
Reports continued
Mayor Hurley noted this is an eternal process, and it is a step required by the
FAA. Mr. Temeyer stated this way the city would be able to sell the property in
the future rather than lease it.
• •
Page 3
Following comments a vote was taken with the following result. Ayes: Six.
Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2006-52.
DOCUMENTS
122889 - Cole/Schmitt
that communication from Assistant City Engineer transmitting recommendation to
accept plat improvements for Audubon Heights Third Addition be received, placed
on file and "Resolution approving said document", be adopted, and two year
maintenance bond from Aspro, Inc. & Subsidiaries, be received and placed on
file. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2006-53.
122890 - Cole/Schmitt
that communication from Community Planning and Development Director transmitting
Letter of Understanding with Union Pacific Railroad to purchase property
generally located at Cedar River and East 7th Street at a cost of $18,299.05 as
part of the redevelopment of the Eastside Housing, be received, placed on file
and "Resolution approving said letter of understanding", be adopted and Mayor
authorized to execute same. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2006-54.
122891 - Cole/Schmitt
that communication from Community Planning & Development Director transmitting
agreement with U.S. Department of Housing and Urban Development for the
Brownfields Economic Development Initiative grant in the amount of
$2,000,000.00, Section 108 loan in the amount of $8,220,000.00 and the Section
108 loan for Brownfields streets in the amount of $2,075,000.00, be received,
placed on file and "Resolution approving said agreements", be adopted and Mayor
and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2006-55.
122892 - Cole/Schmitt
that communication from Police Chief transmitting application with Iowa
Governor's Traffic Safety Bureau for an Intoxicated Driver Prevention Program
grant in the amount of $18,126.00, be received, placed on file and "Resolution
approving said application", be adopted and Mayor authorized to execute same.
Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2006-56.
122893 - Cole/Schmitt
that communication from Police Chief transmitting Memorandum of Understanding
with Department of Veteran Affairs granting local Police Department full rights
to exercise law enforcement functions on VA grounds at a healthcare clinic
located at 1015 S. Hackett Street, be received, placed on file and "Resolution
approving said memorandum of understanding", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Tom Jennings, Police Chief, reported he was recently contacted about a facility
on South Hackett, and the Department of Veterans Affairs wanted a Memorandum of
Understanding with the city.
Councilperson Welper asked if we have this kind of agreement with Black Hawk
County, and if there is an incident at the courthouse, does the city have rights
to assist them. Chief Jennings responded he does not know if there is an
agreement with Black Hawk County, but we do have one with the Social Security
Office for the federal building on West Fourth Street. Chief Jennings noted if
there is an incident at the courthouse, the Sheriff would be the primary law
enforcement agency responsible for the county building, and the Police
Department would assist if called upon.
January 23, 2006
Documents continued
Page 4
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. 2006-57.
122894 - Cole/Schmitt
that communication from City Planner transmitting Encroachment Agreement with
Community National Bank, 422 Commercial Street, to allow them to place building
footings over a 2 foot portion of city right-of-way generally located along the
southeasterly line of their property in conjunction with expansion of the drive-
thru area, 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. 2006-58.
RESOLUTIONS TO BE ADOPTED
122895 - Kincaid/Welper
that "Resolution rescinding Resolution No. 2004-733 which adopted the City of
Waterloo Snow and Ice Control Program and Policy", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Mayor Hurley explained at his urging council adopted a policy which restricted
the number of hours an operator could continuously drive. Prot to that it was
16 hours to infinite. We put in the policy a maximum of 14 continuous hours,
and that was grieved by the union representing the operators. The policy went
to arbitration, and we just found out last week that the city lost on the
arbitration, with the union's position prevailing based on the current contract.
We need to rescind the policy and go back to the old schedule. Mayor Hurley
noted he believes this is something that can be discussed reasonably with
representatives for the future.
Councilperson Gunderson asked if this would be brought up with the union in the
next contract. Mayor Hurley responded hopefully.
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. 2006-59.
NEW BUSINESS
122896 - Cole/Schmitt
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. in conjunction with F.Y. 2006 Rath Brownfields Street Reconstruction
Program, Contract No. 686, be received, placed on file and approved. Ayes:
Six. Absent: Greenwood. Motion carried.
122897 - Getty/Cole
that plans, specifications, form of contract, etc. in conjunction with F.Y. 2006
Rath Brownfields Street Reconstruction Program, Contract No. 686, be received
and placed on file. Ayes: Six. Absent: Greenwood. Motion carried.
122898 Cole/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. 2006-60.
122899 - Getty/Schmitt
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. as February 13, 2006 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. 2006-61.
•
January 23, 2006
ADJOURNMENT
122900 - Cole/Gunderson
1 •
Page 5
that the Council adjourn at 5:50 p.m. Ayes: Six. Absent: Greenwood. Motion
carried.
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Nancy Ackert, CMC
City Clerk