HomeMy WebLinkAboutMinutes-03/27/2006March 27, 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, March 27, 2006. Mayor Pro Tem Reggie
Schmitt in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole,
Schmitt.
Moment of Silence.
Pledge of Allegiance: Councilperson Harold Getty.
123198 - Getty/Kincaid
that the Agenda, as proposed, for the Regular Session on Monday, March 27, 2006,
at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
123199 - Cole/Welper
that the Minutes, as proposed, for the Regular Session on Monday, March 20,
2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
Mayor Pro Tem Schmitt performed swearing in of the following firefighters: John
Kieler, Charles Donohue and Brian Peters.
CONSENT AGENDA
123200 - Cole/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. 1-47, dated March 27, 2006, in
the amount of $1,298,519.74, 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 Pro Tem assigned No. 2006-
228.
2. Communication from Police Chief transmitting request of Tracey Southall to
hold a Boot Block on April 8, 2006 from 10:00 a.m. to 4:00 p.m. on the
corners of Ridgeway and Hammond Avenues to raise money for the Leukemia
and Lymphoma Society's Team in Training program.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-
229.
b. Motion to approve the following:
1. John Kehoe, Chief Electrical Inspector, to attend Iowa Chapter of The
International Association of Electrical Inspectors meeting in Mason City,
Iowa on April 12-14, 3006, with costs not to exceed $365.00, including use
of city vehicle.
2. Nancy Gulick, Community Development Coordinator, to attend FY06
Environmental Training in Des Moines, Iowa on May 9-10, 2006, with costs
not to exceed $250.00, including use of city vehicle.
3. 24 LEIN Region 2 officers to attend Criminal Intelligence Course in
Johnston, Iowa and Ankeny, Iowa on April 10-21, 2006 and May 1-12, 2006,
with costs not to exceed $27,210.00.
c. Beer License Permit Application
Class B
Waterloo Softball Association, corner of Burton & Longfellow (Renewal) (6
months -4/26/06 - 10/26/06) (Includes Sunday Sales)
Waterloo Women's Softball Association, Park Road & Burton Avenue (Renewal) (6
months -4/25/06 - 10/25/06) (Includes Sunday Sales)
d. Beer/Liquor License Permit Application
Class C
Wings of Jonathan Livingston, 2790 Livingston Lane (New) (Expires 4/1/07)
(Includes Sunday Sales)
e. Outdoor Service Area Application
Waterloo Softball Association, corner of Burton & Longfellow
Waterloo Women's Softball Association, Park Road & Burton Avenue
March 27, 2006 Page 2
Consent Agenda continued
f. Theater License Application
Fantasy Island Amusements, 1850 West Airline Highway
g. Bonds.
Ayes: Seven. Motion carried.
HEARINGS & BIDS
123201 - Getty/Cole
that proof of publication of notice of public hearing on 2006 Right of Way
Mowing, as published in the Waterloo Courier on March 17, 2006, be received and
placed on file. Ayes: Seven. Motion carried.
123202 - This being the time and place of public hearing, the Mayor Pro Tem called for
written and oral objections and there were none.
Gunderson/Kincaid
that the hearing be closed. Ayes: Seven. Motion carried.
123203 - Cole/Kincaid
that "Resolution confirming approval of bid documents, specifications, etc. in
conjunction with 2006 Right of Way Mowing", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-230.
123204 - Getty/Cole
that "Resolution authorizing to proceed in conjunction with above project", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-231.
123205 - Getty/Greenwood
to receive, file and instruct City Clerk to open and read bids and refer to
Leisure Services Director for review:
Bid Option E
Bidder Bid Option A Bid Option B Bid Option C Bid Option D Per Hour Bid Option F
B & B Lawn Care $37.60 $37.60 $25.00 $62.50 $39.95 $62.50
Waterloo, IA
Professional Lawn Care $39.75 $39.75 $32.35 $53.85 No Bid No Bid
Waterloo, IA
Ayes: Seven. Motion carried.
123206 - Getty/Greenwood
that proof of publication of notice of public hearing on Purchase of Eight
Patrol Cars, as published in the Waterloo Courier on March 17, 2006, be received
and placed on file. Ayes: Seven. Motion carried.
123207 - This being the time and place of public hearing, 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.
123208 - Gunderson/Welper
that "Resolution confirming approval of bid documents, specifications, etc. in
conjunction with Purchase of Eight Patrol Cars", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-232.
123209 - Gunderson/Welper
that "Resolution authorizing to proceed in conjunction with above purchase", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-233.
• •
March 27, 2006 Page 3
Hearings & Bids continued
123210 - Gunderson/Welper
to receive, file and instruct City Clerk to open and read bids and refer to
Superintendent of Central Garage for review:
Bidder
Dewey Ford, Ankeny, Iowa
Dick Witham Ford, Waterloo, Iowa
Bill Collwell Ford, Hudson, Iowa
Ayes: Seven. Motion carried.
123211 - Welper/Greenwood
Seven Patrol Cars One Patrol Car
Bid Amount Bid Amount
$20,562.00
$21,224.00
$20,948.00
$20,184.00
$20,540.00
$20,570.00
that proof of publication of notice of public hearing on Chemical Feed System
for Biosolids Filter Building Operations at Easton Avenue Wastewater Facility,
as published in the Waterloo Courier on March 17, 2006, be received and placed
on file. Ayes: Seven. Motion carried.
123212 - This being the time and place of public hearing, the Mayor Pro Tem called for
written and oral objections and there were none.
Welper/Gunderson
that the hearing be closed. Ayes: Seven. Motion carried.
123213 - Welper/Greenwood
that "Resolution confirming approval of bid documents, specifications, etc. in
conjunction with Chemical Feed System for Biosolids Filter Building Operations
at Easton Avenue Wastewater Facility", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-234.
123214 - Welper/Greenwood
that "Resolution authorizing to proceed in conjunction with above project", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-235.
123215 - Welper/Greenwood
to receive, file and instruct City Clerk to open and read bids and refer to the
Superintendent of Waste Management Services for review:
Bidder
Vessco Inc., Ames, Iowa
Ayes: Seven. Motion carried.
UNFINISHED BUSINESS
123216 - Gunderson/Cole
Bid Amount
$82,000.00
that communication from City Engineer transmitting recommendation of award of
contract in the amount of $572,993.00 to Van Hauen & Associates of Clive, Iowa
in conjunction with F.Y. 2006 East Side Sanitary Sewer Interceptor, Contract No.
707, be received, placed on file and "Resolution approving award of said
contract", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-236.
123217 - Gunderson/Cole
that communication from City Engineer transmitting recommendation of award of
contract in the amount of $3,057,099.01 to Aspro, Inc,. and Its Subsidiary of
Waterloo, Iowa in conjunction with F.Y. 2006 Street Reconstruction Program,
Contract No. 705, be received, placed on file and "Resolution approving award of
said contract", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-237.
March 27, 2006 Page 4
Unfinished Business continued
123218 - Gunderson/Cole
that communication from Leisure Services Director transmitting recommendation of
award of contract in the amount of $37,500.00 to Premier Recreation Products of
West Des Moines, Iowa in conjunction with Cedar Terrace Play Equipment, be
received, placed on file and "Resolution approving award of said contract", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-238.
123219 - Gunderson/Cole
that communication from Leisure Services Director transmitting recommendation of
award of contract in the amount of $70,000.00 to Boland Recreation/Gazaway &
Associates of Marshalltown, Iowa in conjunction with Byrnes Park Play Equipment,
be received, placed on file and "Resolution approving award of said contract",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-239.
PETITIONS FROM PUBLIC
123220 - Greenwood/Welper
that communication from Senior Planner transmitting request of M.E.N.D. L.L.C.
to rezone from "R-2" One and Two Family Residence District to "R -3","R -P"
Planned Multifamily Residence District property generally located along Cottage
Grove Avenue in the proposed Scotch Grove Addition for the purpose of
development of seven 8-plex condos as well as approximately 31 one and two
family dwellings, together with recommendation of approval of Planning,
Programming and Zoning Commission, be received, placed on file and "Resolution
setting date of hearing as April 17, 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: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-240.
123221 - Welper/Cole
that communication from Senior Planner transmitting request of Cedar Valley
Restoration and Development LLC to rezone from "C-2" Commercial District, "C-3"
Commercial District and "M-1" Light Industrial District to "R -4,R -P" Planned
Multiple Residence .District and "C -P" Planned Commercial District property
generally located in the 900 block of Water Street for development of the Water
Street Flats and Rowhouses, together with recommendation of approval of
Planning, Programming and Zoning Commission, be received, placed on file and
"Resolution setting date of hearing as April 17, 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: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-241.
123222 - Getty/Welper
that communication from Senior Planner transmitting request of Jean Merrick to
rezone from "R-3" Multiple Residence District to "R -4,C -Z" Conditional Multiple
Residence District property generally located at the northwest intersection of
Reber Avenue and Euclid Avenue to allow for professional office and neighborhood
commercial use in an existing legal non -conforming commercial building, together
with recommendation of approval of Planning, Programming and Zoning Commission,
be received, placed on file and "Resolution setting date of hearing as April 17,
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:
Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-242.
• •
March 27, 2006 Page 5
DOCUMENTS
123223 - Cole/Gunderson
that communication from Assistant City Engineer transmitting Contracts, Bonds
and Certificates of Insurance in the amount of $3,057,099.01 from Aspro, Inc.
and Its Subsidiary of Waterloo, Iowa, in conjunction with F.Y. 2006 Street
Reconstruction Program, Contract No. 705, 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. 2006-243.
123224 - Cole/Gunderson
that communication from Leisure Services Director transmitting Contract in the
amount of $37,500.00 with Premier Recreation Products of West Des Moines, Iowa
in conjunction with Cedar Terrace Play Equipment, be received, placed on file
and "Resolution approving said contract", be adopted and Mayor Pro Tem
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-244.
123225 - Cole/Gunderson
that communication from Leisure Services Director transmitting Contract in the
amount of $70,000.00 with Boland Recreation/Gazaway & Associates of
Marshalltown, Iowa in conjunction with Byrnes Park Play Equipment, be received,
placed on file and "Resolution approving said contract", be adopted and Mayor
Pro Tem authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-245.
123226 - Cole/Gunderson
that communication from Associate Engineer transmitting Construction Permit
Application with the Iowa Department of Natural Resources for sanitary sewer
construction in conjunction with F.Y. 2006 VGM Expansion Entrance Road, Contract
No. 704, be received, placed on file and "Resolution approving said
application", be adopted and Mayor Pro Tem authorized to execute the same.
Ayes: Six. Abstain: Cole because she is an employee of VGM.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-246.
123227 - Cole/Gunderson
that communication from Associate Engineer transmitting Pipeline Crossing
Agreement with Union Pacific Railroad at a cost of $1,500.00 for maintenance and
operation of an underground pipeline crossing to accommodate a sprinkler system
for vegetation in conjunction with F.Y. 2006 Riverwalk Loop Trail, Contract No.
696, be received, placed on file and "Resolution approving said application", be
adopted and Mayor Pro Tem authorized to execute the same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-247.
123228 - Cole/Gunderson
that communication from Fire Chief transmitting agreement with City of Sioux
City, Iowa to lease a Pierce Aerial Truck at a cost of $1,200.00 per month for a
period not to exceed five months, be received, placed on file and "Resolution
approving said agreement", be adopted and Mayor Pro Tem authorized to execute
same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-248.
123229 - Greenwood/Welper
that communication from Senior Planner transmitting Final Plat of Scotch Grove
Addition, together with aerial photograph, Staff Report, Certificate of Survey
and Deed of Dedication, be received, placed on file and "Resolution approving
said final plat", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-249.
March 27, 2006
Documents continued
123230 - Greenwood/Welper
Page 6
that communication from Community Planning and Development Director transmitting
agreement in an amount of $18,645.31 with Blue Lines Moving and Storage for
moving services for Edward and Wanda Hedges as part of the Eastside Riverfront
Housing Project, be received, placed on file and "Resolution approving said
agreement", be adopted and Mayor Pro Tem authorized to execute same. Ayes:
Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-250.
123231 - Greenwood/Welper
that communication from Director of Cultural & Arts Commission transmitting an
amendment with Iowa Department of Economic Development for Community Attraction
and Tourism grant to extend project completion date to March 1, 2007, be
received, placed on file and "Resolution approving said amendment to grant" be
adopted and Mayor Pro Tem authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-251.
123232 - Greenwood/Welper
that communication from Community Planning and Development Director transmitting
Quit Claim Deed from Nektarios Brokalakis for the city to acquire property
located at 414 Fowler Street at a cost of $1.00, be received, placed on file and
"Resolution accepting said deed", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-252.
123233 - Greenwood/Welper
that communication from City Planner transmitting Final Plat of Deer Creek Plat
No. 2, together with Staff Report, aerial photograph, letter from City Engineer,
Certificate of Survey, Conceptual Plan of overall development and Deed of
Dedication, be received, placed on file and "Resolution approving said final
plat", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Gunderson asked if the developer would be required to have
sidewalks along Ridgeway Avenue. Noel Anderson, City Planner, responded they
will have sidewalks within the portion of Titan Trail, which would be going
south off Ridgeway Avenue.
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. 2006-253.
RESOLUTIONS TO BE ADOPTED
123234 - Kincaid/Welper
that "Resolution requesting Black Hawk County Board of Supervisors to convey to
the city Parcel Nos. 8913-24-101-004, 8913-24-412-006, 8913-24-412-018, and
8913-21-201-001 to be used for current right-of-way or continued ownership of
certain areas of land", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-254.
123235 - Kincaid/Welper
that "Resolution approving communication from Senior Planner transmitting
request that 20 parking stalls be required for an outdoor paintball recreation
facility to be located south of 2750 WCF&N Drive", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-255.
ORDINANCES TO BE ADOPTED
123236 - Welper/Gunderson
that "an Ordinance vacating a portion of Gayle Street generally located between
Joy and Rainbow Drives", be received, placed on file, considered and passed for
the first time. Ayes: Seven. Motion carried.
• •
March 27, 2006
Ordinances to be Adopted continued
123237 - Welper/Gunderson
Page 7
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
123238 - Welper/Gunderson
that "an Ordinance vacating a portion of Gayle Street generally located between
Joy and Rainbow Drives", be considered and passed for the second and third times
and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4803.
NEW BUSINESS
123239 - Gunderson/Welper
that communication from Senior Planner transmitting request to vacate a portion
of public East 7th Street generally located between Sycamore Street and Water
Street and to vacate a portion of public Water Street generally located between
the main track of the Union Pacific Railroad and East 8th Street as part of the
development of the Water Street Flats and Rowhouses Riverfront Housing Project,
together with recommendation of approval of Planning, Programming and Zoning
Commission, be received, placed on file and "Resolution setting date of hearing
as April 10, 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 vacating that section of Water Street between the
river and the main railroad track of the Union Pacific Railroad would hinder or
cause any problem if the Fire Department needs access to the river along that
area. Ned DeBerg, Fire Chief, responded it could be a little more difficult
getting back in there, but most of the time they will be able to get back in
that area.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-256.
123240 - Gunderson/Welper
that communication from Senior Planner transmitting request to vacate a portion
of public John Street generally located off E. Parker Street east of Highway 63,
together with recommendation of approval of Planning, Programming and Zoning
Commission, be received, placed on file and "Resolution setting date of hearing
as April 10, 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: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-257.
123241 - Getty/Cole
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. in conjunction with F.Y. 2006 E. San Marnan Drive Paving Improvements -
Penneys Street to LaPorte Road, Contract No. 698, be received, placed on file
and approved. Ayes: Seven. Motion carried.
123242 - Getty/Greenwood
that plans, specifications, form of contract, etc. in conjunction with F.Y. 2006
E. San Marnan Drive Paving Improvements - Penneys Street to LaPorte Road,
Contract No. 698, be received and placed on file. Ayes: Seven. Motion
carried.
123243 - Getty/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. 2006-258.
March 27, 2006 Page 8
New Business continued
123244 - Getty/Cole
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. as April 17, 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: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2006-259.
ORAL PRESENTATIONS
123245 - Craig Hundley, 1214 Wren Road, stated that one of the things he is seeing, and
this is in no way critical of this city because its not just a problem this city
is facing but every major city in the U.S. is facing it. We are going into an
age when all of a sudden Detroit has decided to unleash foreign 500 horsepower
cars on us. Mr. Hundley stated some people take speeding lightly, but he
watches every day as people go down Ansborough Avenue 65 mph to 70 mph. Mr.
Hundley stated he is watching more and more people with new high-powered cars
going back to the 60s and 70s with big burnouts. Mr. Hundley stated there is no
way that any police department can possibly maintain and manage the amount of
people who are out there, just totally disregarding the law. Mr. Hundley asked
the council to consider and debate using traffic cameras. Mr. Hundley reported
Dubuque has gone to it and Des Moines is going to use them, and he thinks we can
not only ensure the safety of our city, but as a side benefit the amount of
revenue that will be raised by increasing the safety of our city would probably
be in excess of $250,000.00 to $300,000.00 based on preliminary results he has
looked at from other cities. Mr. Hundley stated now that spring is here the
kids are playing on Downing Avenue at night. Mr. Hundley stated the Waterloo
Police Department has done a great job in the past few months slowing traffic
down in the day time, and he sees a tremendous improvement, but they are still
getting traffic going through between 5:30 p.m. and 7:00 p.m. at 50 mph and 60
mph on a 25 mph city street. Mr. Hundley stated people run the red light on a
daily basis on Ansborough Avenue and Black Hawk Road. Mr. Hundley stated he
believes it is the mindset of the drivers in the world, and as horsepower is
increasing we will be facing some serious accident. Mr. Hundley asked the
council to consider opening up for debate the possibility of using cameras to
get our streets as safe as they can be.
Forest Dillavou, 1725 Huntington Road, reported on a couple living in a house
which Community Development made some plumbing repairs in October or November.
Upon leaving, Community Development informed the owners that they were unable to
open the sanitary sewer, which is plugged to the street. Mr. Dillavou stated
since then this couple has lived in this house without sanitary sewer.
Community Development told them they do not have any money. Mr. Dillavou stated
today he spoke with a gentlemen with Operation Threshold who said he has a
plumber who is willing to do the sanitary sewer for $1,200.00 and in his budget
he has $800.00 to apply toward fixing the sanitary sewer. Mr. Dillavou
challenged the city to help this couple, and he would also like to help by
giving the first $50.00 to challenge the council to do the same so there will be
enough money to get this sewer hooked up for these folks. Mr. Dillavou asked
that the $50.00 be given to Nancy Eckert to place on file to give to Community
Development. Mr.. Dillavou stated the Mayor's office and Community Development
know of this situation. Mr. Dillavou stated the Mayor's office knows the
couple's name and address because they have been contacted several times.
Getty/Kincaid
that the above oral comments be received and placed on file. Ayes: Seven.
Motion carried.
ADJOURNMENT
123246 - Kincaid/Gunderson
that the Council adjourn at 6:16 p.m. Ayes: Seven. Motion carried.
Nancy kert, CMC
City Clerk