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HomeMy WebLinkAboutMinutes-04/16/2007April 16, 2007 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, April 16, 2007. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole. Absent: Schmitt. Moment of Silence. Pledge of Allegiance: Mark Rice, Superintendent of Central Garage. 125180 - Greenwood/Kincaid that the Agenda, as amended, for the Regular Session on Monday, April 16, 2007, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Schmitt. Motion carried. 125181 - Greenwood/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, April 9, 2007, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Schmitt. Motion carried. Mayor Hurley presented a Proclamation declaring April 22-28, 2007 as Arbor Week. CONSENT AGENDA 125182 - Getty/Greenwood 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. 1-71, dated April 16, 2007, in the amount of $2,254,017.26, 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. 2007-269. 2. Communication from City Clerk transmitting request of John Deere Product Engineering Center for an exception to burning yard waste to burn approximately 40 acres of prairie grass located on the corner of Cedar Heights Drive and Ridgeway Avenue during April 17 - May 31, 2007, together with recommendation of approval of Acting Fire Chief. Resolution adopted and upon approval by Mayor assigned No. 2007-270. b. Motion to approve the following: 1. Carroll Kienol, Police Lieutenant; David Bovy, Willie Keller and Bradley Walter, Police Officers; to attend Midwest Association of Technical Accident Investigators Conference in St. Paul, Minnesota on May 15-18, 2007, with costs not to exceed $2,260.96, including use of city vehicle. 2. Richard Carter, Police Lieutenant, to attend 13th Annual Drug Court Training Conference in Washington, D.C. on June 13-16, 2007, with costs not to exceed $475.00. 3. John Beckman and Tim Pillack, Police Captains, to attend Spring Training Conference for the Iowa Chapter of the FBI National Academy Associates in Dubuque, Iowa on April 26-27, 2007, with costs not to exceed $200.40, including use of city vehicle. 4. Melissa Ludwig, Police Sergeant, to attend First Line Supervisors School in Johnston, Iowa on April 9-13, 2007, with costs not to exceed $755.25, including use of city vehicle. April 16, 2007 Consent Agenda continued 5. Chris Gergen and Gus Farmer, Police Officers, to attend United States Police Canine Association Narcotic Re -Certification in Clive, Iowa on April 29 -May 1, 2007, with costs not to exceed $710.72, including use of city vehicle. Page 2 6. Wendy Drinovsky, Information Systems Manager; and Rose Davis, Records Clerk; to attend Shield Technology Training Conference in Johnston, Iowa on May 8-10, 2007, with costs not to exceed $447.88, including use of city vehicle. 7. Kent Shankle, Curator, to attend Grant Writing Workshop in St. Paul, Minnesota on April 18-20, 2007, with costs not to exceed $690.00, including use of city vehicle. c. Beer License Permit Application Class C Kwik Stop, 4335 Texas Street (Renewal) (Expires 4/30/08) (Includes Sunday Sales) d. Beer/Liquor License Permit Application Class C Jet Lounge, 451-453 West Parker Street (Renewal) (Expires 4/14/08) (Includes Sunday Sales) e. Bonds. Ayes: Six. Absent: Schmitt. Motion carried. HEARINGS 125183 - Gunderson/Welper that proof of publication of notice of public hearing on request of Hope M. Anderson to rezone from "R -4,R -P" Planned Residence District to "C -1,C -Z" Conditional Commercial District approximately 0.74 acres generally located north of 1266 E. Orange Road at the southeast corner of E. Orange Road and Stardust Drive to allow for development of a retail strip mall, including a restaurant, as published in the Waterloo Courier on April 2, 2007, be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 125184 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 and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. Councilperson Gunderson commented that in looking at the site plan, he does not see a detention pond for this property, and he would like to see it included on the site plan. Councilperson Gunderson stated that the next door neighbor, Mr. Davidson, has had a water problem in the past which he has resolved. Eric Thorson, City Engineer, responded that typically this information is not included in the zoning request. The Engineering Department noted early on that they may have some draining issue. Mr. Thorson stated he talkedto the consultant for this development, who indicated they have not been told to move on with this project. Mr. Thorson stated the Engineering Department is aware of this issue and agrees that this needs to be taken care of before the applicant moves on. Mr. Thorson stated he won't sign off any permits until the drainage issue has been looked at. Ayes: Six. Absent: Schmitt. Motion carried. 125185 - Gunderson/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 112 to Section 2A -7N, Conditional Zoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Schmitt. Motion carried. April 16, 2007 Page 3 Hearings continued 125186 - Gunderson/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Schmitt. Motion carried. 125187 - Gunderson/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 112 to Section 2A -7N, Conditional Zoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Schmitt. Ordinance adopted and upon approval by Mayor assigned No. 4865. Cammie Scully, Director of Cultural & Arts Commission, introduced Esta. UNFINISHED BUSINESS 125188 - Getty/Gunderson that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $74,806.84 to Bentley Construction, Inc. of Waterloo, Iowa in conjunction with F.Y. 2007 Sidewalk Repair Program - Zone 7 and Trail Repairs, Contract No. 723, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-271. 125189 - Getty/Gunderson that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $41,235.00 to D & N Fence Co., Inc. of Cedar Rapids, Iowa in conjunction with 2007 Riverfront Stadium Fencing, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-272. 125190 - Getty/Gunderson that communication from Leisure Services Director transmitting recommendation of award of contract to B&B Lawn Care, Inc. of Waterloo, Iowa in conjunction with 2007 Right -of -Way Mowing, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-273. PETITIONS FROM PUBLIC 125191 - Kincaid/Greenwood that communication from City Planner transmitting request of B&R Quality Meats, Inc. to sell and convey for $4,140.00 property generally located at 210 Park Road, be received, placed on file and "Resolution setting date of hearing as May 14, 2007 at 5:30 p.m. in the City Hall Council Chambers on above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-274. 125192 - Kincaid/Greenwood that communication from City Planner transmitting request of Elk Run Energy Associates LLC to annex approximately 345 acres of land generally located along Merle Road, north of Newell Street, X mile east of North Elk Run Road to allow for development of a 750 -megawatt coal-fired electric generation facility, be received, placed on file and "Resolution setting date of hearing as May 7, 2007 at 5:30 p.m. in the City Hall Council Chambers on above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-275. April 16, 2007 Petitions from Public continued 125193 - Kincaid/Greenwood Page 4 that communication from City Planner transmitting request of Elk Run Energy Associates LLC to rezone from "A-1" Agricultural District to "M -2,P" Planned Industrial District approximately 260 acres of land generally located along Merle Road, north of Newell Street, X mile east of North Elk Run Road to allow for development of a 750 -megawatt coal-fired electric generation facility, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 7, 2007 at 5:30 p.m. in the City Hall Council Chambers on above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-276. DOCUMENTS 125194 - Cole/Kincaid that communication from Associate Engineer transmitting Change Order No. 2 for a net increase in the amount of $8,731.48 for work performed by Bowers Masonry, Inc. of Waterloo, Iowa in conjunction with F.Y. 2007 Fire Training Center Burn Pad and Burn Tower Paving, Contract No. 715, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Schmitt. Motion carried. 125195 Cole/Kincaid that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $74,806.84 from Bentley Construction, Inc. of Waterloo, Iowa in conjunction with F.Y. 2007 Sidewalk Repair Program - Zone 7 and Trail Repairs, Contract No. 723, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-277. 125196 - Cole/Kincaid that communication from Leisure Services Director transmitting Contract and Certificate of Insurance in the amount of $41,235.00 with D & N Fence Co., Inc. of Cedar Rapids, Iowa in conjunction with 2007 Riverfront Stadium Fencing, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-278. 125197 Cole/Kincaid that communication from Leisure Services Director transmitting Contract, Bond and Certificate of Liability with B&B Lawn Care, Inc. of Waterloo, Iowa in conjunction with 2007 Right -of -Way Mowing, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-279. 125198 Cole/Kincaid that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Bowers Masonry, Inc. of Waterloo, Iowa in the total amount of $65,423.13 in conjunction with F.Y. 2007 Fire Training Center Burn Pad and Burn Tower Paving, Contract No. 715, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond be received and placed on file. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-280. April 16, 2007 Page 5 Documents continued 125199 Cole/Kincaid that communication from Associate Engineer transmitting Notice of Intent for NPDES Coverage Under General Permit with Iowa Department of Natural Resources in conjunction with F.Y. 2007 U.S. 63/Westfield Avenue Connection, Contract No. 730, be received, placed on file and "Resolution approving said notice of intent", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-281. 125200 - Cole/Kincaid that communication from Building Official/Maintenance Administrator transmitting Substantial Completion of Project for work performed by Johnson Controls Inc. in the total amount of $309,904.00 in conjunction with Energy Upgrade at Five Sullivan Brothers Convention Center, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-282. NEW BUSINESS 125201 Welper/Gunderson to instruct Building Official/Maintenance Administrator to prepare plans, specifications, form of contract, etc. in conjunction with FY 2007 City of Waterloo Roof Project, be received, placed on file and approved. Ayes: Six. Absent: Schmitt. Motion carried. 125202 - Welper/Gunderson that plans, specifications, form of contract, etc. in conjunction with FY 2007 City •of Waterloo Roof Project, be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 125203 - Welper/Gunderson that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-283. 125204 - Welper/Gunderson that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as May 7, 2007 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: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-284. 125205 - Welper/Gunderson to instruct Building Official/Maintenance Administrator to prepare plans, specifications, form of contract, etc. in conjunction with Emergency Generators Installation at Fire Stations 1, 3, 4, 5, 6 and 8, be received, placed on file and approved. Ayes: Six. Absent: Schmitt. Motion carried. 125206 - Welper/Gunderson that plans, specifications, form of contract, etc. in conjunction with Emergency Generators Installation at Fire Stations 1, 3, 4, 5, 6 and 8, be received and placed on file. Ayes: Six. Absent: Schmitt. Motion carried. 125207 - Welper/Gunderson that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-285. April 16, 2007 New Business continued 125208 - Welper/Gunderson that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as May 7, 2007 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: Schmitt. Page 6 Resolution adopted and upon approval by Mayor assigned No. 2007-286. 125209 - Getty/Gunderson that the council adjourn to Executive Session at .6:07 p.m. Ayes: Six. Absent: Schmitt. Motion carried. City Attorney Jim Walsh stated that discussion of purchase of property for the Virden Creek drainage way and the Rath area development are approved topics of Executive Session pursuant to Iowa Code Section 21.5(1)(j)(2007). EXECUTIVE SESSION 125210 - Welper/Gunderson that the council adjourn Executive Session at 6:28 p.m. Ayes: Six. Absent: Schmitt. Motion carried. ADJOURNMENT 125211 - Gunderson/Welper that the Council adjourn at 6:28 p.m. Ayes: Six. Absent: Schmitt. Motion carried. 6IJ? 7ih Nancy kert, CMC City Clerk