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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. fe*—(2,3L Nancy Ackert, CMC City Clerk