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HomeMy WebLinkAboutMinutes-09/11/2006• • September 11, 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, September 11, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Absent: Kincaid. Moment of Silence. Pledge of Allegiance: Nancy Eckert, City Clerk. 124134 - Schmitt/Welper that the Agenda, as amended, for the Regular Session on Monday, September 11, 2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Kincaid. Motion carried. 124135 - Schmitt/Welper that the Minutes, as proposed, for the Regular Session on Monday, August 28, 2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Kincaid. Motion carried. Presentation by Main Street Waterloo extending Employees' Appreciation Night at FridayLoo on September 15, 2006. Mayor Hurley read a Proclamation memorializing the men, women and children who lost their lives on September 11, 2001. Mayor Hurley read a Proclamation for Fire Fighter Day of Remembrance. Brad Condon, Sunrise Exchange Club, reported placement of flags in Lincoln Park in remembrance of September 11, 2001, and presented a plaque in memory of September 9, 2001. Mayor Hurley read a Proclamation declaring September 15, 2006 as Prisoner-of- War/Missing-In-Action Recognition Day. Mayor Hurley read a Proclamation congratulating Exceptional Persons, Inc. and the Children and Family Services program on the opening of the EPI Deery Center. CONSENT AGENDA 124136 - Schmitt/Welper 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. 1-103, dated September 11, 2006, in the amount of $2,861,340.20, 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. 2006-767. 2. Communication from City Engineer transmitting request of Aspro, Inc. of Waterloo, Iowa for a variance to the Noise Control Ordinance from September 18 - October 31, 2006 for work to be performed on an Iowa Department of Transportation project on University Avenue between Midway Drive and U.S. 63. Resolution adopted and upon approval by Mayor assigned No. 2006-768. 3. Communication from Police Chief transmitting request of East High School to hold Homecoming Parade on October 13, 2006 beginning at approximately 2:40 p.m. and ending at approximately 3:30 p.m., with route to begin on north side of East High School, beginning at Tremont and Walnut, onto Walnut Street to E. 5th Street, south on E. 5th Street to Sycamore Street, west on Sycamore Street to E. 4th Street, north on E. 4th Street to Lime Street returning to East High School. Resolution adopted and upon approval by Mayor assigned No. 2006-769. September 11, 2006 Consent Agenda continued Page 2 4. Communication from Police Chief transmitting request of West High School to hold Homecoming Parade on September 22, 2006 from approximately 2:00 p.m. to 2:30 p.m., with route to start from the west side of parking lot traveling west on E. Ridgeway Avenue, north on Kimball Avenue, east on Easton, south on Baltimore and west on E. Ridgeway to the west parking lot. Resolution adopted and upon approval by Mayor assigned No. 2006-770. 5. Communication from Police Chief transmitting request of Grout Museum District to hold Tall Grass Prairie Brewfest on September 30, 2006 at Soldier's & Sailor's Park and Cedar Street from 4th Street to 5th Street. Resolution adopted and upon approval by Mayor assigned No. 2006-771. 6. Communication from Fire Chief to hold MDA Boot Block on September 1-3, 2006 at 10:00 a.m. to 2:00 p.m. on Franklin & 3rd Streets, Ansborough & Downing Avenues, Kimball & Ridgeway Avenues, and Flammang Drive; and September 4, 2006 on Flammang Drive and San Marnan Drive. Resolution adopted and upon approval by Mayor assigned No. 2006-772. b. Motion to approve the following: 1. Ann Meyer, Police Lieutenant; and Aaron McClelland, Police Officer; to attend 2006 Field Training Officer Conference in West Des Moines, Iowa on September 7-8, 2006, with costs not to exceed $561.00, including use of city vehicle. 2. Michelle Weidner, Chief Financial Officer, to attend New World 2006 Executive Customer Conference in Chicago, Illinois on September 17-19, 2006, with costs not to exceed $1,125.00, including use of city vehicle. 3. Aaron McClelland and Brad Walter, Police Officers, to attend Sudden and In -Custody Deaths Instructor School in Des Moines, Iowa on September 14, 2006, with costs not to exceed $225.00, including use of city vehicle. 4. Mike Dufel and Carl Reninger, Firefighters; Darryl Hartema, Mechanic; and Mike Jenn, Fire Captain; to pick up new rescue pumper and drop off Quint in Appleton, Wisconsin and Weweuwega, Wisconsin on September 13-14, 2006, with costs not to exceed $350.00, including use of city vehicle. 5. Wendy Drinovsky, Systems Administrator; and Jeremy Pohl, Police Officer; to attend Traffic and Criminal Software Statewide User Group Meeting in Des Moines, Iowa on September 14-15, 2006, with costs not to exceed $257.22, including use of city vehicle. 6. Tim Pillack, Police Captain, to attend FBINAA Conference in Lake of the Ozarks, Missouri on September 5-8, 2006, with costs not to exceed $818.89, including use of city vehicle. c. Beer License Permit Application Class C Crossroads BP, 2035 E. Mitchell Avenue (Renewal) (Expires 9/30/07) (Includes Sunday Sales) d. Beer License Permit Application Class B Grout Museum District, 4th Street & Cedar Street (5 days -9/26/06 - 9/30/06) e. Beer/Liquor License Permit Application Class C Rudy's Taco, 2401 Falls Avenue (Renewal) (Expires 9/27/07) Ma Ma Nick's Circle Pizzeria, 1934 Washington Street (Renewal) (Expires 9/9/07) (Includes Sunday Sales) f. Fireworks Display Application Waterloo West High School, Waterloo Memorial Field on September 22, 2006. g. Bonds. Ayes: Six, with Councilperson Cole abstaining on reimbursement of $160.00 for League of Cities registration. Absent: Kincaid. Motion carried. • September 11, 2006 Page 3 HEARINGS & BIDS 124137 - Gunderson/Welper that proof of publication of notice of public hearing on F.Y. 2007 Kimball Avenue A.D.A. Pedestrian Way, Contract No. 711, as published in the Waterloo Courier on September 1, 2006, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 124138 - 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. 124139 - Gunderson/Cole that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2007 Kimball Avenue A.D.A. Pedestrian Way, Contract No. 711", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-773. 124140 - Gunderson/Schmitt 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. 2006-774. 124141 - Gunderson/Welper to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Bid Amount B & B Builders and Supply, Waterloo, Iowa 5% $81,587.90 Borwig Building Service, Waterloo, Iowa 5% $75,092.00 TI-ZACK Concrete Construction, Inc., Le Center, Minnesota 5% $94,962.00 Ayes: Six. Absent: Kincaid. Motion carried. 124142 - Getty/Greenwood that proof of publication of notice of public hearing on Purchase of Emergency Generators for Fire Stations #1, #3, #4, #5, #6 and #8, as published in the Waterloo Courier on August 25, 2006, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 124143 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Greenwood that the hearing be closed. Ayes: Six. Absent: Kincaid. Motion carried. 124144 - Getty/Cole that "Resolution confirming approval of specifications, form of contract, etc. in conjunction with Purchase of Emergency Generators for Fire Stations #1, #3, #4, #5, #6 and #8", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-775. 124145 - Getty/Greenwood that "Resolution authorizing to proceed in conjunction with above purchase", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-776. September 11, 2006 Hearings $ Bids continued 124146 - Getty/Cole Page 4 to receive, file and instruct City Clerk to open and read bids and refer to Fire Chief for review: Bidder Altorfer Power Systems 3E Kohler Power Systems Bid Bond 10% None Ayes: Six. Absent: Kincaid. Motion carried. PETITIONS FROM PUBLIC 124147 - Welper/Greenwood Bid Amount $162,918.00 $158,402.64 that communication from City Planner transmitting request of Atul Patel for a site plan amendment to the "S-1" Shopping Center Commercial District for construction of a hotel development on the lot generally located just south of the new Hampton Inn, located on the northwest corner of Bopp Street and LaPorte Road, be received, placed on file and "Resolution setting date of hearing as September 18, 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. 2006-777. DOCUMENTS 124148 - Cole/Gunderson that communication from City Planner transmitting Supplemental Development Agreement with Glennyce Drenner for redevelopment of condominium in the former Winterbottom Supply building located at 25 Westfield Avenue, with a minimum assessment of $159,100.00 and 100 percent tax rebatements for seven years, 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. 2006-778. 124149 - Cole/Gunderson that communication Agreement with Ken Winterbottom Supply assessment of $205,4 received, placed on and Mayor and City Kincaid. from City Planner transmitting Supplemental Development Nelson for redevelopment of condominium in the former building located at 25 Westfield Avenue, with a minimum 00.00 and 100 percent tax rebatements for seven years, be file and "Resolution approving said agreement",, be adopted Clerk authorized to execute same. Ayes: Six. Absent: Resolution adopted and upon approval by Mayor assigned No. 2006-779. 124150 - Cole/Gunderson that communication from Community Planning & Development Director transmitting Residential Rehabilitation Development Agreement with Maxine Scott for rehabilitation of 219 Sumner Street within six months of issuance of building permits, 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. 2006-780. 124151 - Cole/Gunderson that communication from City Planner transmitting Encroachment Agreement with The Rose of Waterloo, L.P. for a portion of the parking lot to be constructed upon the easterly 15 feet of the Utica Street right-of-way, 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. 2006-781. September 11, 2006 Documents continued 124152 - Cole/Gunderson Page 5 that communication from City Planner transmitting agreement with Lamar Advertising to extend existing lease for the billboard on property generally located at the corner of West 11th Street and Black Hawk Street for ten -years starting at $900.00 per year with 3 percent increase yearly, 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. 2006-782. 124153 - Greenwood/Getty that communication from Leisure Services Director transmitting agreement with Community Foundation of Waterloo Cedar Falls and Northeast Iowa creating a Non - Endowed and Designated Fund for flag poles and flags in Waterloo, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Paul Huting, Leisure Services Director, explained all donations will go the Community Foundation for new flags. The flags are located at the north entrance to Waterloo, one at the south entrance of Waterloo, and there are discussions of putting one at the Airport. The donations will help keep the flags fresh and in new condition. 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. 2006-783. 124154 - Greenwood/Getty that communication from Director agreement with the State Historical of $28,500.00 to be used to fund Gallery I, be received, placed agreement", be adopted and Mayor Absent: Kincaid. of Cultural& Arts Commission transmitting Society of Iowa for HRDP grant in the amount the Grant Wood exhibit in the Junior Art on file and "Resolution approving said authorized to execute same. Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2006-784. 124155 - Greenwood/Getty that communication from Assistant City Engineer transmitting proposal from Howard R. Green at a cost of $14,000.00, plus $0.87 per gallon for removal of underground storage tank on public right-of-way generally located under a paved driveway approach to property formerly addressed as 223 E. 9th Street in conjunction with F.Y. 2006 Brownfields Street Reconstruction Program, Contract No. 686, be received, placed on file and "Resolution approving said proposal", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-785. 124156 - Greenwood/Getty that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $954,558.66 with Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2007 Riverwalk Loop Trail East 6th to 18th Street, Contract No. 696, 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. 2006-786. RESOLUTIONS TO BE ADOPTED 124157 - Greenwood/Getty that "Resolution dedicating a portion of property generally located along the southerly side of Shaulis Road for right-of-way purposes", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-787. September 11, 2006 ORDINANCES TO BE ADOPTED 124158 Schmitt/Greenwood Page 6 that "an Ordinance vacating a portion of the southerly right-of-way generally located along San Marnan Drive from Ansborough Avenue west to Galactic Drive to allow for increased parking at the VGM professional office complex", be received, placed on file, considered and passed for the second time. Ayes: Five. Abstain: Cole because she is employed by VGM. Absent: Kincaid. Motion carried. NEW BUSINESS 124159 - Schmitt/Cole that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,639.20 for work performed by the Water Works at 218 Gable Street, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-788. 124160 - Schmitt/Cole that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,090.00 for work performed by the Water Works at 318 Wendell Court, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-789. 124161 - Schmitt/Cole that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $4,168.22 for work performed by the Water Works at 2118 Plainview Street, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-790. 124162 - Gunderson/Cole that communication from Superintendent of Traffic Operations transmitting request to install two 25 mph speed humps on Olympic Drive, be received, placed on file and "Resolution approving said speed humps", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-791. 124163 - Welper/Gunderson to instruct Superintendent of Waste Management Services to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2007 Odor Control and HVAC Replacement, Water Pollution Control Facilities, Contract No. 716, be received, placed on file and approved. Ayes: Six. Absent: Kincaid. Motion carried. 124164 - Welper/Gunderson that plans, specifications, form of contract, etc. in conjunction with F.Y. 2007 Odor Control and HVAC Replacement, Water Pollution Control Facilities, Contract No. 716, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 124165 - Welper/Gunderson that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-792. • September 11, 2006 Page 7 New Business continued 124166 - Welper/Gunderson that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as October 9, 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: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-793. 124167 - Greenwood/Schmitt to instruct Superintendent of Traffic Operations to prepare plans, specifications, form of contract, etc. in conjunction with U.S. 20 and Iowa 21 Traffic Signalization, STP -U-8155(675)-27-07, be received, placed on file and approved. Ayes: Six. Absent: Kincaid. Motion carried. 124168 - Greenwood/Schmitt that plans, specifications, form of contract, etc. in conjunction with U.S. 20 and Iowa 21 Traffic Signalization, STP -U-8155(675)-27-07, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 124169 - Greenwood/Cole that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-794. 124170 - Greenwood/Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as September 18, 2006 at 5:30 p.m. in the City Hall Council Chambers", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-795. 124171 - Greenwood/Schmitt to instruct Superintendent of Streets to prepare specifications, etc. in conjunction with Rental of Four Road Graders, be received, placed on file and approved. Ayes: Six. Absent: Kincaid. Motion carried. 124172 - Greenwood/Schmitt that specifications, etc. in conjunction with Rental of Four Road Graders, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 124173 - Greenwood/Cole that "Resolution preliminarily approving specifications, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-796. 124174 - Greenwood/Schmitt that "Resolution setting date of hearing on specifications, etc. as September 25, 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: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-797. September 11, 2006 ADJOURNMENT Page 8 124175 - Mayor Hurley announced that the City of Waterloo will be holding its Fall Citywide Cleanup on Saturday, September 16, 2006 from 7:00 a.m. until 5:00 p.m. at the Waste Management Services site at 3505 Easton Avenue. It is open to all City of Waterloo residents. To help defray the cost for this event, each vehicle entering the site will be charged $1.00. An additional charge of $1.00 will be collected per tire or household appliance, with a limit of four tires and four appliances per household. The yard waste site will be closed on September 16, 2006. Residents can bring: appliances with a limit of four per household. These include air conditioner, dehumidifier, freezer, refrigerator, clothes dryer, clothes washer, dishwasher, kitchen range, oven/stove, microwave oven, furnace, thermostat, water heater, etc. Four tires per household. Furniture, lawn furniture, worn out clothing, bedding, scrap lumber and building remodeling and repair scrap materials, carpet, house wares, toys, bicycles, etc. All gasoline powered equipment, including lawnmowers, weed eaters, tillers, and snow blowers. Residents cannot bring: garbage, hazardous materials, paint, liquids, batteries, yard waste or tree debris, and propane gas tanks. All loads should be properly secured when transporting them to the Easton Avenue facility. Cole/Schmitt that the above oral comments be received and placed on file and the Council adjourn at 6:26 p.m. Ayes: Six. Absent: Kincaid. Motion carried. Nancy E ert, CMC City Clerk