Loading...
HomeMy WebLinkAboutMinutes-06/05/2006• • June 5, 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, June 5, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Absent: Kincaid. Moment of Silence. Pledge of Allegiance: Rudy Jones, Community Development Director. 123590 - Schmitt/Welper that the Agenda, as amended to delete No. 6 and add No. 28a, for the Regular Session on Monday, June 5, 2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Kincaid. Motion carried. 123591 - Schmitt/Welper that the Minutes, as proposed, for the Regular Session on Monday, May 22, 2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Kincaid. Motion carried. Mayor Hurley read a Proclamation declaring the week of June 4, 2006 as Optimist Week. Special Presentation by Friends of the Waterloo Public Library. CONSENT AGENDA 123592 - Schmitt/Cole 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. 1-88, dated June 5, 2006, in the amount of $1,996,661.18, 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. 2006-459. 2. Communication from City Clerk transmitting request of Antioch Baptist Church for a variance to the Noise Ordinance on June 12, 2006 from 9:00 a.m. to 5:00 p.m. in conjunction with Basketball Tournament sponsored by the Iowa Baptist Convention to be held at Ferguson Field, including music and PA system, together with recommendation of approval of Police Chief for 82 dBA. Resolution adopted and upon approval by Mayor assigned No. 2006-460. b. Motion to approve the following: 1. Nyok Mei Wong & Anni Hom, Visiting Artists, to perform at Waterloo Center For The Arts events at My Waterloo Days on June 2 - June 5, 2006, with costs not to exceed $200.00. c. Beer License Permit Application Class C Kwik Star, 1214 Franklin Street (Renewal) (Expires 7/21/07) (Includes Sunday Sales) Kwik Star, 324 Fletcher Avenue (Renewal) (Expires 7/21/07) (Includes Sunday Sales) Kwik Star, 1105 Cedar Bend (Renewal) (Expires 7/21/07) (Includes Sunday Sales) Kwik Star, 707 Broadway Street (Renewal) (Expires 7/21/07) (Includes Sunday Sales) d. Beer/Wine License Permit Application Special Class C Gary's Restaurant & Catering, 2820 Falls Avenue (Renewal) (Expires 6/14/07) Friends of the Art Center, 225 Commercial Street (Renewal) (Expires 6/21/07) (Includes Sunday Sales) June 5, 2006 Consent Agenda continued e. Beer/Liquor License Permit Application Class C Steamboat Gardens, 1740 Falls Avenue (Renewal) (Expires 6/13/07) Pat's Tavern, 303 West 4th Street (Renewal) (Expires 5/20/07) (Includes Sunday Sales) Jo Mama's, 352 Fletcher Avenue (Renewal) (Expires 6/10/07) (Includes Sunday Sales) Maple Lanes Bowling Center, 2608 University Avenue (Renewal) (Expires 7/9/07) (Includes Sunday Sales) Southtown Lounge, 2026 Bopp Street (Renewal) (Expires 6/7/07) (Includes Sunday Sales) Page 2 f. Beer License Permit Application Class B American Golf Course, 1575 W. Big Rock Road (Renewal) (Expires 6/30/07) (Includes Sunday Sales) Becker -Chapman Post No. 138 of the American Legion, 619 Franklin Street (New) (Expires 6/9/07) (Includes Sunday Sales) g. Outdoor Service Area Application Friends of the Art Center, 225 Commercial Street h. Fireworks Display Application Relay For Life of Black Hawk County at Hawkeye Community College on June 9, 2006 i. Cigarette/Tobacco Permit Application CVS Pharmacy, 2068 Logan Avenue CVS Pharmacy, 2060 Crossroads j. Bonds. Ayes: Six. Absent: Kincaid. Motion carried. HEARINGS & BIDS 123593 - Getty/Welper that proof of publication of notice of public hearing on Rehabilitation of Runway 12-30 at Waterloo Regional Airport, as published in the Waterloo Courier on May 19, 2006, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 123594 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Schmitt that the hearing be closed. Ayes: Six. Absent: Kincaid. Motion carried. 123595 - Getty/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Rehabilitation of Runway 12-30 at Waterloo Regional Airport", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-461. 123596 - Getty/Greenwood that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-462. 123597 - Getty/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to Airport Director for review: Bidder Bid Bond Bid Amount Aspro Inc. and Its Subsidiary, Waterloo, Iowa 5% $2,527,598.75 Ayes: Six. Absent: Kincaid. Motion carried. June 5, 2006 Hearings & Bids continued 123598 - Gunderson/Welper Page 3 that proof of publication of notice of public hearing on Parking Lot Control System for Waterloo Regional Airport, as published in the Waterloo Courier on May 26, 2006, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 123599 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Welper that the hearing be closed. Ayes: Six. Absent: Kincaid. Motion carried. 123600 - Gunderson/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Parking Lot Control System for Waterloo Regional Airport", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-463. 123601 - Gunderson/Welper that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-464. 123602 - Gunderson/Welper to receive, file and instruct City Clerk to open and read bids and refer to Airport Director for review: Bidder Bid Bond Bid Amount Access Control Technologies, Inc., Des Moines, Iowa 55k $74,947.00 Ayes: Six. Absent: Kincaid. Motion carried. 123603 - Greenwood/Welper that proof of publication of notice of public hearing on U.S. 20 and Iowa 21 Ramps Traffic Signalization, STP -U-8155(675)-27-07, as published in the Waterloo Courier on May 26, 2006, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 123604 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Schmitt that the hearing be closed. Ayes: Six. Absent: Kincaid. Motion carried. 123605 - Greenwood/Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with U.S. 20 and Iowa 21 Ramps Traffic Signalization, STP -U- 8155(675)-27-07", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-465. 123606 - Greenwood/Schmitt that "Resolution authorizing to proceed in conjunction with above said project", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-466. June 5, 2006 HEARINGS Page 4 • 123607 - Welper/Gunderson that proof of publication of notice of public hearing on request of Diane Latusick with Lil' Jimmy O's Donut Shop for a minor site plan amendment to the "S-1" Shopping District for property generally located near the northwest corner of Ridgeway Avenue and Kimball Avenue for the location of a 8' x 14' temporary trailer, as published in the Waterloo Courier on May 19, 2006, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 123608 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Schmitt that the hearing be closed. Ayes: Six. Absent: Kincaid. Motion carried. 123609 - Councilperson Getty asked if this meets the state's requirements for a mobile concession trailer. Don Temeyer, Community Planning & Development Director, responded they will have to meet the Health Department's requirements in order to get their restaurant or license and that is a separate process. Mr. Temeyer stated what we are doing tonight is deciding whether the physical location of the trailer can go there. Councilperson Getty asked how long is temporary. Mr. Temeyer responded probably for the summer time, but we can make that specific in this situation. Diane Latusick, 1203 Indiana Avenue, Hazelton, Iowa, stated it will be used for the weekends, Saturday and Sunday. Councilperson Getty asked if water would be connected to the trailer. Ms. Latusick responded it has its own water containment, so she doesn't need a hose outside, and it is an all contained unit. Councilperson Getty noted it is his understanding that the state requirement is that the unit must be taken home every couple of days. Ms. Latusick responded that it has to be removed every third day, and then it can come back. Ms. Latusick stated she will be hooked to electricity, and she has already been approved by the Health Department. Councilperson Getty stated he is totally opposed to this type of operation in the city. There have been several of them sitting around that have been there for years, and it is hard to control them, it is hard for the Health Department to catch up with them. Councilperson Getty stated he doesn't think it is sanitary to leave the trailer sitting there. Councilperson Getty stated they don't pay taxes when businesses inside a building have to pay property taxes, and these mobile units don't have to do that and he is totally opposed to this request. Councilperson Greenwood stated he feels the same as Councilperson Getty when we talk about the transient merchant license. Councilperson Greenwood stated for the people who put a stake in the ground, rent a facility, employ people, pay property taxes, he just feels it is an unfair advantage to have a temporary business come in during the summer versus the people who are here in business. Councilperson Greenwood stated he does not support this. Mayor Hurley stated he presumes an operation like this can't just park where it wants to but has to seek permission from the property owner, which in this case is a shopping mall, and they are an amenity to draw people in and maybe visit the rest of the stores making them more viable. Councilperson Gunderson stated last year there was a stand on Kimball Avenue and another one at Crossroads and asked if they had to go through the same process when they set up. Mr. Temeyer stated you wouldn't need this process if it wasn't a "S-1" Shopping Center District area. In a "C-2" area there are the corn sellers who have to get their permits, but are allowed as long as the property owners permits them to have a temporary vegetable stand. Mr. Temeyer commented the stand located there last summer did not go through this process but should have. Councilperson Gunderson stated they just showed up there on the site and started doing their business. Mr. Temeyer stated the property owner probably gave them permission, but they should have gone through the minor site plan amendment. Councilperson Welper stated he feels the more diversity we have, the better it is. Councilperson Welper stated someone is paying taxes and if they can help that property owner pay the taxes, he doesn't see a problem with it. Councilperson Schmitt stated these types Councilperson Schmitt stated the market to be, they are regulated by the Health them as long as they go through the site of businesses are after a niche market; determines how long temporary is going Department, and he sees no problem with plan amendment like this one. June 5, 2006 Hearings continued Welper/Schmitt Page 5 that "Resolution approving said minor site plan amendment", be adopted. Ayes: Three. Nays: Greenwood, Getty, Cole. Absent: Kincaid. Motion failed. 123610 - This being the time and place of public hearing on the Franklin Supermarket,. 1975 Franklin Street, violation of Waterloo Code of Ordinances, Sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age, the Mayor called for written and oral objections and there were none. Greenwood/Schmitt that the hearing be closed. Ayes: Six. Absent: Kincaid. Motion carried. 123611 - Greenwood/Schmitt that "Resolution assessing $300.00 penalty for said violation", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-467. UNFINISHED BUSINESS 123612 - Getty/Schmitt that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $559,864.70. to KWS, Inc. of Cedar Falls, Iowa in conjunction with F.Y. 2006 San Marnan Drive Traffic Improvements - Phase III, Contract No. 702, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-468. 123613 - Getty/Schmitt that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $275,951.00 to Johnson Controls, Inc. in conjunction with Five Sullivan Brothers Convention Center Mechanical Upgrade, Phase II, be received, placed on file and "Resolution approving award of said contract", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson stated he will vote no on this item, it has nothing to do with Johnson Controls, Inc. as a company or their product. Councilperson Gunderson noted he talked to a number of people this week and Johnson Controls' product is comparable to anything else out there. Councilperson Gunderson stated his problem goes back to March 8, 2005 when Johnson Controls submitted a proposal for $360,925.00 to do this work. At that time, they did not bid on the project. In the meantime, they did submit one bill for $29,000.00 towards this project, which the city paid. After that, it came out there was going to be a bid process, and now Johnson Controls has revised their bid by $65,000.00 down to $275,951.00 to do the same project. Councilperson Gunderson stated he has a hard time believing this company was basically takingadvantage of the situation when they first got the work from the city. Councilperson Gunderson stated there are four other buildings that the city will be working on in the near future to upgrade, and he hopes the city goes out for bids on all of them so the city has a true and accurate price on them. Councilperson Gunderson stated he is putting everybody on notice if there are any change orders that come before him, he will not vote yes on any change orders for this project. Councilperson Gunderson stated this company is suppose to be experts in this area, they have had plenty of time to work on the system and know the information. Councilperson Gunderson noted there is a tendency after a bid goes out that we keep getting change orders on projects that keep raising the prices. Councilperson Gunderson stated he will not accept any change orders on this project. Councilperson Greenwood echoed Councilperson Gunderson's frustration. Todd Davis, Johnson contract between the Doyle acting in the created based on the Controls, Inc., stated the first item was a negotiated city, Gilmore & Doyle and Johnson Controls, with Gilmore & interest of the city. Mr. Davis stated the project was information Johnson Controls knew of the facility, and they created a business case for that project. At that time, Johnson Controls was not aware of the change in the state law requiring a formal bid process. Mr. Davis stated they weren't trying to circumvent the process or the law, they just didn't know that was the case. June 5, 2006 Unfinished Business continued Mr. Davis stated they negotiated the work, it was about $360,000.00; and the city did not pay them $29,000.00, it was $19,000.00. Mr. Davis stated he was present the day the council rescinded the contract, and Mayor Hurley asked him if the city should rescind the contract, and he responded based on the information he knew then, he thought that was something the city should do. Mr. Davis stated there was a lawsuit in Polk County in Des Moines where the contractor loss because it was a negotiated opportunity that should not have been negotiated, but should have been put out to bid. Mr. Davis stated state law clearly says that any improvement, and there is a portion of the law you can argue whether the word is a verb or noun, and that was the basis of the law suit, and it went all the way to the Supreme Court. Mr. Davis stated the bottom line is any improvement over $25,000.00 has to be bid out. Mr. Davis stated from this point forward any opportunities that Johnson Controls is involved with, if they exceed $25,000.00, they will not negotiate with the city because it has to be bid out. Mr. Davis stated as far as change orders, the request for proposal was slightly different from the negotiated opportunity for $360,000.00. In the business case for that opportunity, there was energy savings and also an energy credit. What Johnson Controls does in a lot of their opportunities with city, state, county and federal governments is they have a portion they call measurement verification. Mr. Davis noted the State of Iowa does not have performance contracting, but in every other state surrounding Iowa there is legislation that allows for performance contracting. Performance contracting allows Johnson Controls to come in, and if there is an opportunity they will upgrade a facility and they will guarantee the outcome. In the original opportunity the payback was 5.2 or 5.6 years, and if this were any other state Johnson Controls would guarantee that, if they were wrong they would issue a check, but in Iowa that is not legal because they have not passed that legislation. Mr. Davis stated what they had planned to do with this opportunity is do what Johnson Controls calls measurement and verification and bring a performance specialist in, who would study the energy bills, who would look at the consumption and who would verify, but in this case Johnson Controls cannot guarantee but would verify the city is receiving the estimates they put together in their original project and original scope. Mr. Davis stated measurement verification was not included in this RFP, so Johnson Controls pulled it out of this proposal. Mr. Davis stated the original amount was for about $360,000.00, Johnson Controls put forth a bill for $30,000.00, he talked with Jim Walsh and it was reduced to about $19,900.00, and at that point when the measurement verification was pulled out over the five year period, Johnson Controls came in at $275,951.00. Mr. Davis stated as far as change orders, they absolutely stand behind their bid of $275,951.00. Page 6 Councilperson Schmitt stated he feels the city should allow change orders because he likes to see the costs go down. Councilperson Schmitt stated we are talking about replacing 30 year old mechanicals for a quarter of a million dollars and there are going to be unforeseen pluses and minuses that the city will have to deal with as they occur. Following comments a vote was taken on the above motion with the following result. Ayes: Four. Nays: Gunderson, Greenwood. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-469. PETITIONS FROM PUBLIC 123614 - Getty/Welper that communication from Senior Planner transmitting request of Gene Dettmer to vacate, sell and convey for $1.00 a portion of right-of-way formerly known as Utica Street generally located south of Dawson Street and north of the east -west alley east of Columbia Street and approve Development Agreement with a minimum increase in taxable value of $40,200.00, be received, placed on file and "Resolution setting date of hearing as June 19, 2006, 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: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-470. June 5, 2006 Petitions from Public continued 123615 - Welper/Greenwood that communication from City Planner transmitting request of development generally located at the easterly end of the Boulevard for a minor site plan amendment to the "R -4,R -P" District for a 69,193 sq. ft. building, with a pool, preparation and dining areas and over 90 independent living placed on file and "Resolution approving said minor site pl adopted. Ayes: Six. Absent: Kincaid. c spa Page 7 Landmark Commons current Maxhelen Planned Residence ommon area, food ces, be received, an amendment", be Resolution adopted and upon approval by Mayor assigned No. 2006-471. 123616 - Schmitt/Welper that communication from City Planner transmitting request of Stainless Plus, Inc. for a site plan amendment to the "C -1,C -Z" Conditional Zoning District for 9,750 sq. ft expansion to the west of the existing building for additional industrial space as well as office expansion, be received, placed on file and "Resolution setting date of hearing as June 19, 2006, 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: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-472. 123617 - Schmitt/Welper that communication from City Planner transmitting request of NM Development LC to rezone from "R-2" One and Two Family Residence District to "C -P" Planned Commercial District property generally located at the southeast corner of Donald Street and Logan Avenue for the purpose of a proposed 14,820 sq. ft. Walgreen's Pharmacy Store, be received, placed on file and "Resolution setting date of hearing as June 26, 2006, 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: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-473. 123618 - Schmitt/Welper that communication from City Planner transmitting request of NM Development LC to vacate, sell and convey for $1.00 the alley generally located within the northerly ten lots of the block at the southeast corner of Donald Street and Logan Avenue for the purpose of a proposed 14,820 sq. ft Walgreen's Pharmacy, be received, placed on file and "Resolution setting date of hearing as June 26, 2006, 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. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty asked if they are going to leave that as an alley, or will that be for their use only. Don Temeyer, Community Planning & Development Director, responded at the present time they are planning on letting the alley connect into Walgreen's parking lot, so there is ingress and egress. Mr. Temeyer stated they will provide an easement for people to have a right to drive through their parking lot to get to the alley. Councilperson Getty noted the alley could not go onto Logan Avenue, and it currently goes toward Donald Street. Councilperson Getty stated there are three or four houses that are northeast of this property with garages, and he asked will they still have access to that alley. Mr. Temeyer responded the property owners who are going to stay and who are located south of Walgreen's development will still have access to the alley. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-474. 123619 - Schmitt/Welper that communication from City Planner transmitting request of National Guard to lease for 25 years city -owned property generally located north of their site at 3106 Airport Boulevard for expansion of parking area, be received, placed on file and "Resolution setting date of hearing as June 19, 2006, 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: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-475. June 5, 2006 REPORTS 123620 - Gunderson/Schmitt 123621 Page 8 that the 2005 Operating Report for the Waterloo Water Works be received and placed on file. Prior to a vote on the above motion, the following comments were heard. Dennis Clark, General Manager of Waterloo Water Works, reported the Water Works had a good year, the revenue was up due to strong water sales. The water sales were larger than expected, and water sales this year are about 5 percent ahead of last year. The pumpage is strong and there is a good demand for water. Mr. Clark stated the expenses were down due to some unfilled vacancies and some projects that weren't completed. Mr. Clark reported quite a bit of water main was put in last year, including the 18th Street river crossing replacement, which was a major project for them, and they were able to do that without any bonded dollars. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Kincaid. Motion carried. DOCUMENTS - Gunderson/Welper that communication from Building Official/Maintenance Administrator transmitting Contracts, Bonds and Certificates of Insurance in the amount of $275,951.00 from Johnson Controls, Inc. in conjunction with Five Sullivan Brothers Convention Center Mechanical Upgrade, Phase II, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-476. 123622 Schmitt/Getty that communication from Senior Planner transmitting request of Dorothy Haugeback for tax exemptions totaling $28,552.00 for 748 Sherman Avenue located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be'received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-477. 123623 - Schmitt/Getty that communication from Senior Planner transmitting request of Lois Gleason for tax exemptions totaling $45,000.00 for 941 Shultz Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request",. be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-478. 123624 - Schmitt/Getty that communication from Senior Planner transmitting request of Jay Trevor for tax exemptions totaling $3.08 million for 200 East Arlington Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-479. 123625 - Greenwood/Schmitt that communication from Police Chief transmitting grant in the amount of $37,744.00, with required match of $12,581.00, from the Department of Justice, Crime Victim Assistance Division to be used for,theDomestic Abuse Response Team (DART) Program, be received, placed on file and "Resolution approving said acceptance of said grant", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-480. • • • June 5, 2006 Documents continued 123626 - Greenwood/Schmitt Page 9 that communication from City Engineer transmitting agreement with Iowa Department of Transportation for improvements to University Avenue from Midway Drive east to near U.S. 63, including replacement of traffic signal detection loops with video image detection system cameras, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-481. 123627 - Greenwood/Schmitt that communication from Associate Engineer transmitting Supplemental Agreement with Iowa Department of Transportation for locally procured federal -aid contracts in conjunction with F.Y. 2006 M.L. King Jr. Drive Recreational Trail Head, Contract No. 709, be received, placed onfile and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-482. 123628 Gunderson/Welper that communication from Associate Engineer transmitting Supplemental Agreement No 1 to the Contract for Engineering Services with Kirkham, Michael and Associates of Urbandale, Iowa 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 authorized to execute same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-483. 123629 - Gunderson/Welper that communication from Community Planning & Development Director transmitting supplemental agreement for Professional Services with Earth Tech Inc. at a cost not to exceed $10,000.00 to provide information necessary to release western portion of the airport property, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Don Temeyer, Community Planning & Development Director, reported they are requesting that the city -owned property on the western side of the airport be released from the airport inscription that was included in the FAA grants over the past several years. Mr. Temeyer stated that way the land can be used for future development and allow access off of Lone Tree Road from the west. Mr. Temeyer commented this has been part of the MidPort development plans for several years. Mr. Temeyer stated there is an existing contract for $15,000.00 with Earth Tech, and the FAA has requested the city do an archaeological study of the farm land, although no one believes they will actually find any evidence of archaeological evidence because it has been farmed for so many years. Mr. Temeyer noted this will still be City of Waterloo property, and it will still be used as airport farming land until there would be a future economical project. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-484. 123630 - Gunderson/Welper that communication from Community Planning & Development Director transmitting Amendment No. 3 for Professional Services with Howard R. Green at a cost not to exceed $10,000.00 to provide professional services for the Chamberlain Brownfield site, be received, placed on file and "Resolution approving said amendment", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-485. June 5, 2006 Documents continued 123631 - Gunderson/Welper Page 10 that communication from City Planner transmitting addendum to Purchase Agreement with Rose of Waterloo L.P. to correct error in parcel number for the parcel they would be conveying back to the city as part of the project located on the Mulberry Street crossover generally located near the southwest corner of the Oak/Franklin Streets intersection, be received, placed on file and "Resolution approving said addendum to purchase agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-486. 123632 - Gunderson/Welper that communication from Manager of Information Services transmitting Change Order No. 1 for net decrease of $554.04 and Change Order No. 2 for a net increase of $4,776.14 for work to be performed by Schmitt Telecom Partners, Inc. for a total cost of $41,570.10 in conjunction with Replacement of Voice Mail Systems at City Hall, Fire Rescue, Leisure Services, Library and Center For The Arts, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Kincaid. Motion carried. 123633 - Gunderson/Welper that communication from Community Development Director transmitting contract with ToJo Construction in the amount of $6,934.00 for lead abatement at 341 Anthony Street, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood commented that of the $6,934.00 lead abatement cost part of the cost is paid by the Lead grant and part is paid by city G.O. Bond funds, and he asked how many houses does the city have to do. Councilperson Greenwood stated he thought when the city started doing these that the whole abatement was paid by the Lead grant. Rudy Jones, Community Development Director, responded that the Lead grant requires a local match, some of which is paid out of the Block Grant account. Mr. Jones stated there are also some projects that come up for consideration that are specifically recommended by the Black Hawk County Health Department as referrals because of the immediate need to address some of those. Mr. Jones stated that last fall the council approved G.O. Bonds to match the Lead grant. Mr. Jones stated he does not have a specific number, but they roll over into the total number of units they are trying to complete, which is 120. Mr. Jones stated when the Black Hawk County Health Department has a case where kids are in immediate danger, Community Development tries to give them high priority and addresses them as they come up. Following comments a vote was taken on the above motion with the following I!I result. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-487. RESOLUTIONS TO BE ADOPTED 123634 - Welper/Schmitt that "Resolution endorsing the use of Metropolitan Enhancement Funds for implementation of the Prairie Pathways Master Plan in the Black Hawk Metropolitan Area", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-488. 123635 - Welper/Schmitt that "Resolution authorizing the City Clerk to certify against certain parcels unpaid mowing, lot cleanup and snow removal fees", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-489. June 5, 2006 Resolutions to be Adopted continued Page 11 123636 - Welper/Schmitt that "Resolution directing the acceptance of a proposal to purchase $250,000.00 General Obligation Capital Loan Notes, Taxable Series 2006C from Liberty Bank, F.S.B. of Waterloo, Iowa at a Net Interest Rate of 6.499%", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-490. 123637 - Welper/Schmitt that communication from City and storage costs of $16,044 the Ansborough Interchange received, placed on file and costs", be adopted. Ayes: VGM. Absent: Kincaid. Planner transmitting request to approve relocation .00 for 4316 and 4330 Ansborough Avenue as part of Project and rescind Resolution No. 2005-699, be "Resolution approving said relocation and storage Five. Abstain: Cole because she is employee of Resolution adopted and upon approval by Mayor assigned No. 2006-491. ORDINANCES TO BE ADOPTED 123638 - Schmitt/Getty that "an Ordinance amending the 2003 Traffic Code to change East 4th Street to a Yield Street from Keystone Street to Lakeside Street", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Kincaid. Motion carried. 123639 - Schmitt/Getty that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Kincaid. Motion carried. 123640 - Schmitt/Getty that "an Ordinance amending the 2003 Traffic Code to change East 4th Street to a Yield Street from Keystone Street to Lakeside Street", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Kincaid. Ordinance adopted and upon approval by Mayor assigned No. 4816. ORAL PRESENTATIONS 123641 - Gene Geiger, 1537 Oakwood Drive and owner of Quality Tire, stated he processes scrapped tires and has been doing that for about a year. Mr. Geiger stated he contacted Tim Shea, and he has had a contract with the city to do the tires. On May 5, 2006, he was told he could not take the tires to the Landfill anymore, and he is here tonight to solicit business. Mr. Geiger stated as he talked with Councilperson Getty, this is one way to come to the council with a proposal. Mr. Geiger stated the Landfill wants to charge him $262.00 per ton for the same thing he was paying $33.00 per ton just a week ago. Mr. Geiger stated if the city is taking any scrapped tires to the Landfill, they might want to take the tires to his place at 1671 Sycamore Street, and he can do it for half the price the Landfill is wanting to charge him. Mayor Hurley asked Mr. Geiger to submit a proposal to his office. Mr. Geiger reported the Solid Waste Commission voted to ban cut tires on May 25, 2006, and he got a hold of Councilperson Getty who was unaware that he was cutting tires. Mr. Geiger stated he is willing to turn this into a win/win situation for him and the city. Mayor Hurley again asked Mr. Geiger to submit a written proposal to the city. Councilperson Getty reported the Solid Waste Commission voted to not take cut tires at the Landfill because they don't dissolve or compact. The Solid Waste Commission decided not to fill the landfill, but provide another means of getting rid of the cut tires Mr. Geiger takes to the Landfill. Councilperson Getty stated Mr. Geiger now has a way to get rid of the cut tires. Councilperson Getty suggested Mr. Geiger submit a written proposal to Mayor Hurley or Tim Shea and then it will go through the steps and be submitted to the council for approval or denial. Mayor Hurley commented that Mr. Geiger can send the proposal to him. June 5, 2006 Oral Presentations continued Councilperson Welper stated he was contacted by a resident of Cedar Rivers Towers regarding people parking in their parking lots. Councilperson Welper noted he explained to the individual that this is private property, and the city does not have jurisdiction, but he would pass his request along that if you do not live at the Cedar Rivers Towers, please do not use their parking lots. Page 12 Mayor Hurley reported on the Property Maintenance Code Appeals Board. Mayor Hurley reported that the following seven people have expressed an interest in serving on the board: Karen Atwood, Mary Potter, DeLon Gobeli, Carl Swaim, Brad Cote, Robert Bowlsby and Richard Hotchkiss. Five are permanent members and two will be alternates. Mayor Hurley stated after their training, they will go through the formal process of being appointed to the Property Maintenance Code Appeals Board. Mayor Hurley stated that very soon they will be put through a three -sessions training so they are ready to go when the council approves their appointment. The sessions include: administration, law and the technical aspects of the Property Maintenance Code. Schmitt/Welper that the above oral comments be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 123642 - Schmitt/Welper that the council adjourn to Executive Session at 6:42 p.m. Ayes: Six. Absent: Kincaid. Motion carried. City Attorney Jim Walsh stated that discussion of acquisition of property generally located at the corner of West Park Avenue and Jefferson Street is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(j)(2005). Councilperson Welper now absent at 6:42 p.m. EXECUTIVE SESSION 123643 - Schmitt/Cole that the council adjourn Executive Session at 7:16 p.m. Ayes: Five. Absent: Kincaid, Welper. Motion carried. 123644 Schmitt/Gunderson that Planning and Zoning staff be authorized to proceed as directed. Ayes: Five. Absent: Kincaid, Welper. Motion carried. ADJOURNMENT 123645 - Schmitt/Gunderson that the Council adjourn at 7:17 p.m. Ayes: Five. Absent: Kincaid, Welper. Motion carried. :any EcSe'ert, CMC City Clerk