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HomeMy WebLinkAboutMinutes-04/09/2007April 9, 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 9, 2007. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: 125145 Schmitt/Kincaid Jim Quint, MIS Manager. that the Agenda, as amended, for the Regular Session on Monday, April 9, 2007, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 125146 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, April 2, 2007, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation declaring April 15-22, 2007 as Days of Remembrance in memory of victims and in honor of survivors of the Holocaust. Mayor Hurley read a Proclamation declaring April 9-15, 2007 as National Community Development Week. Mayor Hurley read a Proclamation declaring April 2007 as Fair Housing Month. CONSENT AGENDA 125147 - Schmitt/Kincaid that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP640, pp. 1-61, dated April 9, 2007, in the amount of $656,638.13, 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. 2007-243. 2. Communication from Police Chief transmitting request from Executive Director of My Waterloo Days to hold My Waterloo Days Totally '80s on May 31 - June 3, 2007, including People in the Park and closing 4th Street from Franklin to Mulberry Streets; Parade, with route to begin on 4th and Jefferson Streets to Mulberry Street, down 5th Street to Bluff Street; Bike Races; Fun Run; and Byrnes Park events on June 2 with music to run until 10:30 p.m. and vendors closing at 11:00 p.m.. Resolution adopted and upon approval by Mayor assigned No. 2007-244. 3. Communication from Police Chief transmitting request of Cool 105.7 Radio to hold 4th Street Cruise on May 26, 2007 from 12:00 noon until 4:00 p.m., with cars from the east side traveling from Mulberry Street across the river on Fourth Street to Bluff Street and returning on Park Avenue back to Mulberry Street; cars from the west side traveling from Bluff Street across the river on Fourth Street to Mulberry and returning to Bluff on Fifth Street and to block .off 700 block of Mulberry from 10:00 a.m. to shortly after noon for staging. Resolution adopted and upon approval by Mayor assigned No. 2007-245. 4. Communication from City Engineer transmitting request of Dennis Kubik for a waiver for a concrete driveway to be located at 629 Jane Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2007-246. b. Motion to approve the following: 1. Communication from Mayor Hurley transmitting recommendation of reappointment of the following to the Historic Preservation Commission: Noel Anderson, Gale Quirk and Sherryl Newton, with term expiration date of April 7, 2010; and appointment of Patrick Berry, with term expiration date of April 7, 2009 and Mary Potter, with term expiration date of April 7, 2010. April 9, 2007 Page 2 Consent Agenda continued 2. Communication from Leisure Services Director transmitting recommendation of appointment of Eric Pecenka to the position of Park Maintenance II - Forestry, effective April 16, 2007. 3. Bob Osgood, Chief Plumbing Inspector, to attend Plumbing. Code Class for 2006 UPC in Cedar Falis, Iowa on April 27, 2007, with costs not to exceed $150.00, including use of city vehicle. 4. Jeff. Siebel, Maintenance Assistant, to attend Plumbing Code Class for 2006 UPC in Cedar Falis, Iowa on April 27, 2007, with costs not to exceed $150.00, including use of city vehicle. 5. Ryan Muhlenbruch and Matt Wertz, Police Officers, to attend Standardized Field Sobriety Testing Instructor Courses in Coralville, Iowa on May 7-10, 2007, with costs not to exceed $421.32, including use of city vehicle. 6. Kristen Hoelscher, Police Officer, to attend Defensive Tactics Instructors School in Johnston, Iowa on May 14-18, 2007, with costs not to exceed $450.25, including use of city vehicle. c. Beer/Liquor License Permit Application Class C Hickory House, 315 Park Road (Renewal) (Expires 5/23/08) Flirt's Gentlemen's Club, 319 Jefferson Street (Renewal) (Expires 4/30/08) (Includes Sunday Sales) d. Beer/Wine License Permit Application Special Class C Main Street Waterloo, Lincoln Park (5/1/07 - 11/1/.07) e. Outdoor Service Area Application Main Street Waterloo, Lincoln Park f. Bonds. Ayes: Seven. Motion carried. HEARINGS & BIDS 125148 Getty/Gunderson that proof of publication of notice of public hearing on Riverfront Stadium Fencing, as published in the Waterloo Courier on March 31, 2007, be received and placed on file. Ayes: Seven. Motion carried. 125149 - 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: Seven. Motion carried. 125150 - Getty/Greenwood that "Resolution confirming approval of proposal document, specifications, etc. in conjunction with Riverfront Stadium Fencing", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-247. 125151 - Getty/Greenwood that "Resolution authorizing to proceed in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-248. • April 9, 2007 Hearings & Bids continued 125152 Getty/Greenwood Page 3 to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Amount Century Fence Company, Waukesha, WI $49,998.00 D & N Fence Co, Cedar Rapids, IA $41,235.00 Miller Fence, Waterloo, IA $53,088.79 Ayes: Seven. Motion carried. ADJOURNED HEARING from. April 2, 2007 125153 - This being the time and place of adjourned hearing on the request of the Islamic Foundation of Iowa for a site plan amendment to the "M -2,P" Planned Industrial District for property generally located west of 2010 West Ridgeway Avenue to construct a 106' x 160' Islamic Community Center and 137 stall parking lot, the Mayor declared the hearing opened. Mayor Hurley stated that the restrictive covenant agreeing with city staff's conditions has been signed by Mr. Sehata Valentina Martin, 907 Meadow Lane, stated they have accepted all the city's requirements and are very happy with this. Ms. Martin stated if there is a change that includes any of the property along Ridgeway Avenue, they would like all the property owners to share the cost, and she thinks everything else will be fine. Mayor Hurley reported he met with Ms. Martin and Mr. Sehata this afternoon and the conversation was that the item of confusion was the wider right hand turning land and the left turn lane, and that there is some discussion going on right now for a five lane concept for that portion of Ridgeway Avenue. There is. nothing immediate that Mr. Sehata would need to put in a left turn lane right now, and that as he proceeds with his project, there is probably some time for that to develop, and we will see what happens. Ms. Martin added that they would be willing to share that cost with the rest of the property owners. Councilperson Gunderson stated with the development we have in that area with Denso, Mauer and everybody, he thinks a five lane traffic added to the area is a logical thing to solve everybody's problem, especially if we have any other development between the Islamic Center and Denso on that side. Mayor Hurley stated that is what staff is looking at right now, and Traffic Operations has promised to do a study. Mayor Hurley stated we need to get our stats and data together to see about a possible reduction in the speed limit in that portion. Schmitt/Kincaid that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 125154 - Gunderson/Kincaid that "Resolution approving said site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-249. HEARINGS 125155 - Schmitt/Gunderson that proof of publication of notice of public hearing on request of Arvin and Shawn Perch to sell and convey for $882.00 city -owned property generally located in the 600 block of West Donald Street, as published in the Waterloo Courier on March 25, 2007, be received and placed on file. Ayes: Seven. Motion carried. April 9, 2007 Page 4 Hearings continued 125156 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Gunderson that the hearing be closed. Ayes: Seven. Motion carried. 125157 - Schmitt/Gunderson that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-250. 125158 - Schmitt/Gunderson that proof of publication of notice of public hearing on request of Rebecca Cain to sell and convey for $4,500.00 a 102 x 315 sq. ft. lot generally located at 642 Donald Street, as published in the Waterloo Courier on March 25, 2007, be received and placed on file. Ayes: Seven. Motion carried. 125159 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Gunderson that the hearing be closed. Ayes: Seven. Motion carried. 125160 Schmitt/Gunderson that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-251. UNFINISHED BUSINESS 125161 - Cole/Kincaid that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $3,753,358.20 to Aspro, Inc. and Its Subsidiary of Waterloo, Iowa in conjunction with F.Y. 2007 Asphalt Overlay Program, Contract No. 719, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-252. DOCUMENTS 125162 - Cole/Kincaid that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $3,753,358.20 with Aspro, Inc. and Its Subsidiary of Waterloo, Iowa in conjunction with F.Y. 2007 Asphalt Overlay Program, Contract No. 719, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-253. 125163 - Cole/Kincaid that communication from Associate Engineer transmitting Permanent Easement Agreement with Cedar Valley Tech Works, Inc. in conjunction with F.Y. 2007 U.S. 63/Westfield Avenue Connection, Contract No. 730, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-254. April 9, 2007 Documents continued 125164 - Cole/Kincaid Page 5 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 Cyclone Drive/Titan Trail, Contract No. 727, be received, placed on file and "Resolution approving said notice of intent", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-255. 125165 Cole/Kincaid that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract to Struxture Architects for 5.75 percent of the construction cost and approval of agreement for the Design of Window Repair And/Or Replacement and Granite Repair for the Waterloo Public Library, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-256. 125166 - Cole/Kincaid that communication from Community Planning & Development Director transmitting amendment to Cooperative Agreement with U.S. Environmental Protection Agency to extend completion date to September 30, 2007 and decrease Brownfields Cleanup Revolving Loan award by $650,000.00 for low interest loans for cleanup of brownfields properties citywide, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-257. 125167 - Cole/Kincaid that communication from Community Planning & Development Director transmitting Professional Services Agreement with TallGrass Historian at a cost not to exceed $27,465.00 to provide Section 106 Evaluation of the Rath Administration, Maintenance and Cooper buildings, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-258. 125168 - Cole/Kincaid that communication from Community Planning & Development Director transmitting Professional Services $55,000.00 for FY2007 be received, placed adopted and Mayor and Agreement with Greater Cedar Valley Alliance at a cost of and $85,000.00 for FY2008 to provide economic development, on file and "Resolution approving said agreement", be City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-259. RESOLUTIONS TO BE ADOPTED 125169 - Kincaid/Schmitt that communication from Contracts and Grants Coordinator transmitting request to cancel demolition assessment in the amount of $5,500.25 for former 525 Webster Street now known as 205 Peek Street, be received, placed on file and "Resolution canceling said demolition assessment", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley noted that we are canceling the demolition assessments against the properties because these assessments should have been waived in the first place because they qualified for financial assistance under the block grant program. Councilperson Kincaid questioned why 525 Webster Street is now 205 Peek Street. Mayor Hurley responded when they rebuilt on Webster Street they moved the front door facing Peek Street so it got a new address. Following comments a vote was taken with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-260. April 9, 2007 Resolutions to be adopted continued Page 6 125170 Kincaid/Schmitt that communication from Contracts and Grants Coordinator transmitting request to cancel demolition assessment in the amount of $250.00 for 516 Rhey Street, be received, placed on file and "Resolution canceling said demolition assessment", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-261. 125171 Kincaid/Schmitt that "Resolution designating April 9-15, 2007 as National Community Development Week to commemorate the Community Development Block Grant Program", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-262. NEW BUSINESS 125172 - Welper/Gunderson that communication from Community Development Director transmitting proposed funding recommendations for the FY2008 Waterloo/Cedar Falls HOME Consortium Consolidated Plan - Community Development Block Grant and HOME Program Funds, be received, placed on file and "Resolution setting date of hearing as April 23, 2007, at 5:30 p.m. in the City Hall Council Chambers on the above described plan", be adopted -and City Clerk instructed to publish notice of same. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley stated the 30 day comment period after the Community Development Board published their recommendations has closed and now its proper that the council give due notification for the hearing. The council will decide at the hearing how this money is dispersed. The Community Development Board made a recommendation that we pull $140,000.00 of what were termed administration costs out and reinvest them toward rehab and some of the other projects. Mayor Hurley noted there was concern that we were getting too heavy on the administration and he intends to address that to the council. Mayor Hurley stated he met with staff internally about some of his recommendations, and those stood. Mayor Hurley stated he is trying to hang onto the administration as we have it. Mayor Hurley noted the council has plenty of block grant information, the three ring binder and other things, so there is lots to study in the next two weeks. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-263. 125173 Greenwood/Schmitt that communication from Superintendent of Streets requesting authorization to seek quotes for various asphalt emulsions/bituminous products needed for the upcoming oiling, seal coating, chip sealing, fog sealing and crack sealing programs, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-264. 125174 - Greenwood/Schmitt that communication from City Planner transmitting request to rescind Ordinance No. 4474 vacating a portion of alleys in Block 7 and Block 8 of the Rose Hill First Addition and Ash Street between Sumner Street and Cottage Street for the construction of Cunningham School of Excellence due to an error in the legal description, be received, placed on file and "Resolution setting new date of hearing on vacation of said right of way as April 23, 2007, 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 assigned No. 2007-265. April 9, 2007 New Business continued 125175 - Greenwood/Schmitt Page 7 that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $1,810.00 for work performed by the Water Works at 430 Bratnober 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-266. 125176 - Greenwood/Schmitt that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $671.17 for work performed by the Water Works at 220 Cottage 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-267. 125177 Greenwood/Schmitt that communication from Superintendent of Traffic Operations transmitting request to perform signal removal study for the intersections of West 9th Street and Hawthorne Avenue, Baltimore and Hawthorne Avenue, West 6th Street and Williston Avenue, West 6th Street and Mitchell Avenue, and Sheridan Road and West Ridgeway Avenue, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-268. ORAL PRESENTATIONS 125178 - Mayor Hurley reminded people this coming Saturday is the city wide clean-up buck day. It runs from 8:00 a.m. until 4:00 p.m. at the Waste Management site on Easton Avenue. All City of Waterloo residents can participate, and we will be asking for proof of residency. The buck day means your entire vehicle can get in for a dollar, and an additional $1.00 will be charged per tire or per household appliance. So if you had four refrigerators and four tires its going to be the dollar to get you past the gate and another $8.00. This has been very successful. We've held it in the fall, we've added this performance in the spring, and we will probably do it again in the fall. For anyone with questions, Mayor Hurley referred citizens to either call the Mayor's office or the Waste Management Department. Getty/Gunderson that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 125179 - Getty/Gunderson that the Council adjourn at 6:12 p.m. Ayes: Seven. Motion carried. Nancy EI ert, CMC City Clerk