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HomeMy WebLinkAboutMinutes-12/10/2007December 10, 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, December 10, 2007. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Getty, Schmitt. Absent: Greenwood, Cole. Moment of Silence. Pledge of Allegiance: 126317 - Schmitt/Kincaid Steve Decker, Superintendent of Streets. that the Agenda, as amended, for the Regular Session on Monday, December 10, 2007, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Greenwood, Cole. Motion carried. 126318 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, December 3, 2007, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Greenwood, Cole. Motion carried. Mayor Hurley read a Proclamation declaring December 16-22, 2007 as Battle of the Bulge Week. CONSENT AGENDA 126319 - 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. 1-94, dated December 10, 2007, in the amount of $2,500,780.32, 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. 2007-1015. 2. Communication from Police Chief transmitting request of Black Hawk County Street Machines to hold 32nd Annual Springfest Car Show on May 4, 2008 from 8:00 a.m. to 4:00 p.m. and to close numerous bridges, streets and parking lots for the show. Resolution adopted and upon approval by Mayor assigned No. 2007-1016. b. Motion to approve the following: 1. Communication from Leisure Services Director transmitting recommendation of appointment of Matt Boquist to the position of Park Maintenance II - Forestry, effective December 13, 2007 subject to passing physical examination and drug testing. 2. James Bolger, Golf Manager; Tom Klein and Mark Such, Golf Superintendents; to attend Iowa Turfgrass Conference in Ames, Iowa on January 21-23, 2008, with costs not to exceed $355.00. 3. Nancy Gulick, Community Development Coordinator, Community Development Association Winter Legislative Washington, DC on January 22-26, 2008, with costs not 4. Bob Walker, Black Hawk County Building Inspector, Seminars in West Des Moines, Iowa on January 20-23, to exceed $735.00, including use of city vehicle. to attend National and Policy meeting in to exceed $2,185.00. to attend IABO Code 2008, with costs not 5. Kent Quin, ICT Foreman; and John Hyman, ICT Tech; to attend 2008 National Electrical Code Session in Waterloo, Iowa on November 29, 2007, with costs not to exceed $400.00, including use of city vehicle. December 10, 2007 Page 2 Consent Agenda continued c. d. Beer/Liquor License Permit Application Class C Trucker Bar, 1915 Bourland Avenue (New) (Expires 12/13/08) (Includes Sunday Sales) Amigos Mexican Restaurant, 910 West 5th Street (Renewal) (Expires 1/2/09) (Includes Sunday Sales) Karma Bar, 309 West 4th Street (Renewal) (Expires 1/8/09) (Includes Sunday Sales) Club 2000, 2000 Hawthorne Avenue (Renewal) (Expires 12/6/08) (Includes Sunday Sales) Liquor License Permit Application Class E Hy -Vee Food & Drugstore, 1422 Flammang (Includes Sunday Sales) XO Food & Liquor, 428 Franklin Street Sunday Sales) New Star Liquor, 1625 West 4th Street Sales) Drive (Renewal) (Expires 2/8/09) (New) (Expires 12/1/08) (Includes (New) (Expires 12/1/08) (Includes Sunday e. Wine License Permit Application Class B Hy -Vee Food & Drugstore, 1422 Flammang (Includes Sunday Sales) XO Food & Liquor, 428 Franklin Sunday Sales) New Star Liquor, 1625 West 4th Street Sales) Drive (Renewal) (Expires 2/8/09) Street (New) (Expires 12/1/08) (Includes (New) (Expires 12/1/08) (Includes Sunday f. Beer License Permit Application Class C Hy -Vee Food & Drugstore, 1422 Flammang (Includes Sunday Sales) XO Food & Liquor, 428 Franklin Street Sunday Sales) New Star Liquor, 1625 West 4th Street Sales) g• Cigarette/Tobacco License Permit New Star Liquor, 1625 West 4th Street XO Food & Liquor, 428 Franklin Street Drive (Renewal) (Expires 2/8/09) (New) (Expires 12/1/08) (Includes (New) (Expires 12/1/08) (Includes Sunday Ayes: Five. Absent: Greenwood, Cole. Motion carried, HEARINGS & BIDS 126320 - Getty/Schmitt that proof of publication of notice of public hearing on Phase I Demo - Former Chamberlain Manufacturing Property/Demolition at 550 Esther Street, Contract No. 741, as published in the Waterloo Courier on November 20, 2007, be received and placed on file. Ayes: Five. Absent: Greenwood, Cole. Motion carried. 126321 - 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: Five. Absent: Greenwood, Cole. Motion carried. 126322 - Getty/Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Phase I Demo - Former Chamberlain Manufacturing Property/Demolition at 550 Esther Street, Contract No. 741", be adopted. Ayes: Five. Absent: Greenwood, Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-1017. • • December 10, 2007 Page 3 Hearings & Bids continued 126323 Getty/Schmitt that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Five. Absent: Greenwood, Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-1018. 126324 - Getty/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review: Base Bid Base Bid Total Bid Bidder Bid Bond Stage I Stage II Stage I & II D.W. Zinser Co. Walford, IA 5% $219,000.00 $25,950.00 $244,950.00 Dore & Associates Contracting 5% $382,500.00 $34,500.00 $417,000.00 Bay City, MI Landwehr Construction Inc. 5% $338,301.00 $54,001.00 $392,302.00 St. Cloud, MN Metro Demolition 5% $331,330.00 $23,120.00 $354,450.00 Des Moines, IA National Salvage & Service Corp. 5% $348,000.00 $15,000.00 $363,000.00 Clear Creek, IN Peterson Contractors, Inc. 5% $292,872.00 $18,000.00 $310,872.00 Reinbeck, IA Robinson Brothers Environmental Inc. 5% $388,500.00 $24,000.00 $412,500.00 Waunakee, WI Veit & Co., Inc. 5% $284,349.00 $58,500.00 $343,849.00 Rogers, MN Ayes: Five. Absent: Greenwood, Cole. Motion carried. 126325 - Kincaid/Welper that proof of publication of notice of public hearing on 2007 Spring View Park Restroom Project, as published in the Waterloo Courier on November 27, 2007, be received and placed on file. Ayes: Five. Absent: Greenwood, Cole. Motion carried. 126326 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Kincaid/Welper that the hearing be closed. Ayes: Five. Absent: Greenwood, Cole. Motion carried. 126327 - Kincaid/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with 2007 Spring View Park Restroom Project", be adopted. Ayes: Five. Absent: Greenwood, Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-1019. 126328 - Kincaid/Welper that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Five. Absent: Greenwood, Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-1020. December 10, 2007 Page 4 Hearings & Bids continued 126329 - Kincaid/Welper to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Bond Bid Amount LNS Builders Inc., Waterloo, IA $1,355.00 $27,100.00 Prairie Construction, Waterloo, IA 5% $33,900.00 Ayes: Five. Absent: Greenwood, Cole. Motion carried. 126330 - Gunderson/Welper that proof of publication of notice of public, hearing on Purchase of One Automated Side -Loading Garbage Truck, as published in the Waterloo Courier on November 20, 2007, be received and placed on file. Ayes: Five. Absent: Greenwood, Cole. Motion carried. 126331 - 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: Five. Absent: Greenwood, Cole. Motion carried. 126332 - Gunderson/Welper that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of One Automated Side -Loading Garbage Truck", be adopted. Ayes: Five. Absent: Greenwood, Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-1021. • 126333 - Gunderson/Welper that "Resolution authorizing to proceed in conjunction with above said purchase", be adopted. Ayes: Five. Absent: Greenwood, Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-1022. 126334 - Gunderson/Welper to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Central Garage for review: Bidder Bid Amount Truck Country, Cedar Rapids, IA $185,163.00 Ayes: Five. Absent: Greenwood, Cole. Motion carried. UNFINISHED BUSINESS 126335 - Welper/Kincaid that communication from Superintendent of Central Garage transmitting recommendation of award of contract in the amount of $41,690.00 from Witham Auto Center of Waterloo, Iowa in conjunction with Purchase of 19,000 GVW Truck With 12' Box and Hydraulic Lift, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Five. Absent: Greenwood, Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-1023. • • December 10, 2007 Page 5 Unfinished Business continued 126336 - Welper/Kincaid that communication from Contracts and Grants Coordinator transmitting recommendation of award of contract in the amount of $109,430.00 with Advanced Environmental of Waterloo, Iowa in conjunction with Asbestos Removal, 93 and 97 Vinton Street, Contract No. 129 -AR -11 -13 -07 -GO, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Five. Absent: Greenwood, Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-1024. PETITIONS FROM PUBLIC 126337 - Getty/Schmitt that communication from City Planner transmitting request of Liberty Bank for a minor site plan amendment for construction of a bank on property generally located at the southwest corner of Banker's Boulevard and San Marnan Drive in the new Country Club Business Center, be received, placed on file and "Resolution approving said minor site plan amendment", be adopted. Ayes: Five. Absent: Greenwood, Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-1025. DOCUMENTS 126338 - Schmitt/Kincaid that communication from Superintendent of Traffic Operations transmitting Change Order No. 1 for a net increase in the amount of $8,900.00 for work performed by KWS Electric of Waterloo, Iowa in conjunction with Intersection of Airport Blvd and Westbound Broadway, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Five. Absent: Greenwood, Cole. Motion carried. 126339 - Schmitt/Kincaid that communication from Airport Director transmitting Change Order No. 1 for a net increase in the amount of $43,930.00 for work to be performed by Aspro, Inc. of Waterloo, Iowa in conjunction with Rehabilitation of Runway 12/30 at the Waterloo Regional Airport, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Five. Absent: Greenwood, Cole. Motion carried. 126340 - Schmitt/Kincaid that communication from Superintendent of Traffic Operations transmitting agreement with Snyder Associates at a cost of $48,709.00 for engineering design services for the intersection of Hammond Avenue and Ridgeway Avenue, 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. Sandie Greco, Superintendent of Traffic Operations, reported that Snyder & Associates will be hired to design the improvements to Hammond Avenue and Ridgeway Avenue. This contract is for design only, which will include traffic signals and additional lanes. A public meeting will be held before the design is forwarded to the council, so the design can be explained to the citizens and questions answered. Councilperson Gunderson asked if we are just looking at signals or will we consider a roundabout at that intersection. - Ms. Greco explained that the Traffic Engineer studied a roundabout, and this intersection is not appropriate for a roundabout mainly because of the driveways around the intersection and the traffic, especially when GMAC lets out. Mayor Hurley reported he received a conversation today from the Traffic Engineer and others interested in alternatives and the council received a copy. Sharon Free, 1020 Langley Road, commented that she was going to say a few things tonight, but she didn't know there would be a neighborhood meeting to go over questions and concerns. December 10, 2007 Documents continued Mayor Hurley noted that this will be a step-by-step process, and the project will not come before the council until we have held public meetings. We have to start somewhere, and tonight council is authorizing a design from professionals. Page 6 Councilperson Schmitt noted that part of the need for speed on this design is that area of Ridgeway Avenue is set for total reconstruction in next year's program, so it would be nice to get all this in place before the construction season starts so it can be done in the 2008 construction season. Ms. Free commented that years ago the neighbors met with former Mayor Rooff and city council about traffic lights at that corner. They had concerns and still have concerns today with the flow of traffic and accidents at that corner. Ms. Free spoke with Sergeant Greenlee today and asked him about the amount of traffic accidents at that area. Sergeant Greenlee told her that since 2002, there have been 14 accidents, which is a little over two accidents a year at that corner. Councilperson Schmitt noted that the city has applied for an Iowa's Clean Air Attainment Program grant and the city has been awarded half a million dollars for that intersection. Part of Clean Air Attainment is to keep the traffic moving. So whether its signals or whatever it takes, whatever is the best for that intersection to keep traffic moving is part of the grant application. Councilperson Schmitt stated in talking with Ms. Greco the neighborhood meetings could be as early as the first week in January. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Greenwood, Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-1026. 126341 - Schmitt/Kincaid that communication from Human Resources Director transmitting agreement with Covenant Medical Center, Inc. to provide Employee Assistance Program for city employees and covered dependent family members, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Greenwood, Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-1027. 126342 - Schmitt/Kincaid that communication from City Planner transmitting Development Agreement with JARF LC (Fahr Beverage) for a 6,400 sq. ft. warehousing addition and 10,332 sq. ft. office addition to the current site generally located at 1369-1425 Martin Road, just north of Ridgeway Avenue, with new taxable value of $1.1 million and tax rebatements for five years at 50 percent and the sixth year at 61 percent, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Greenwood, Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-1028. 126343 - Gunderson/Welper that communication from Airport Director transmitting engineering agreement with Earth Tech Engineering in the amount of $68,500.00 for design phase of General Aviation and Taxilanes (Phase II) project at the Waterloo Regional Airport, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Greenwood, Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-1029. 126344 - Gunderson/Welper that communication from Community Planning & Development Director transmitting an agreement with Juan Tobar to lease property generally located at 209 Jefferson at a cost of $600.00 per month on a month to month basis, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Greenwood, Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-1030. • • December 10, 2007 Page 7 Documents continued 126345 - Gunderson/Welper that communication from Mayor Tim Hurley transmitting contracts with the Black Hawk Gaming Association for grants in the amount of $85,000.00 for Emergency Repair Program for Owner Occupied Homes, $51,450.00 for Library Learning Center Expansion and $89,583.00 for Seeing is Believing Center For The Arts Signage, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Greenwood, Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-1031. Mayor Hurley thanked the Black Hawk County Gaming Association for the award of those contracts. There were 79 applications totaling over $11.5 million and they had about $700,000.00 to award. Mayor Hurley noted the $85,000.00 for emergency repair is going to be a tremendous boost to what Rudy Jones is trying to do and running out of money in the low and moderate areas in helping people who truly need it. The Library's numbers are going up, and they desperately need to expand their Learning Center and might not have been able to do it so soon as they could without this grant, so this is going to be a better library for the citizens of Waterloo. The art signage is very dramatically and strategically located at the corner of Commercial Street and 18t Street. It will not only serve the Center For The Arts and the Youth Pavilion, but also the Theater and general announcements. 126346 - Gunderson/Welper that communication from Director of Cultural & Arts Commission application for Teen Trust grant in the amount of $2,000.00 to Experiencing the Phelps Youth Pavilion Student Field Trips Program, placed on file and "Resolution approving said grant application", Ayes: Five. Absent: Greenwood, Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-1032. 126347 - Gunderson/Welper transmitting support the be received, be adopted. that communication from Contracts and Grants Coordinator transmitting agreement in the amount of $109,430.00 with Advanced Environmental of Waterloo, Iowa in conjunction with Asbestos Removal, 93 and 97 Vinton Street, Contract No. 129 -AR - 11 -13 -07 -GO, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Greenwood, Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-1033. NEW BUSINESS 126348 - Welper/Schmitt that communication from Community Planning and Development Director transmitting Development Agreement with MAKO Waterloo Corporation for restoration and redevelopment of the Rath Administration Building located at 1515 Sycamore Street, be received, placed on file and "Resolution setting date of hearing as January 7, 2008, at 5:30 p.m. in the City Hall Council Chambers on the above described development agreement", be adopted and City Clerk instructed to publish notice of same. Ayes: Five. Absent: Greenwood, Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-1034. 126349 - Welper/Schmitt that communication from Senior Planner transmitting numerous changes and updates to the Zoning Ordinance, Ordinance No. 2479, as amended, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file, and "Resolution setting date of hearing as January 14, 2008, at 5:30 p.m. in the City Hall Council Chambers on the above described amendment", be adopted, and City Clerk instructed to publish notice of same. Prior to a vote on the above motion, the following comments were heard. December 10, 2007 Page 8 New Business continued Don Temeyer, Community Planning & Development Director, noted that the council proposed to delete the sections on the Design Review and the vertical siding from the proposed amendments because if council passes the motion as written, it will stay the same and not with the changes council proposed. Mayor Hurley stated the motion will add subject to removing the language that would include design review for Highway 20 and the addition of a Highway Corridor with design review for Highways 63 and 21 and that the Accessory Building Metal Siding Exemption for vertical metal siding on sheds remain at 120 square feet or less. Following comments a vote was taken on the following motion with the following result. Welper/Schmitt that communication from Senior Planner transmitting numerous changes and updates to the Zoning Ordinance, Ordinance No. 2479, as amended, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file, and "Resolution setting date of hearing as January 14, 2008, at 5:30 p.m. in the City Hall Council Chambers on the above described amendment", be adopted, subject to removing the addition of Design Review for development within Highway 20 Corridor and creation of a Corridor with Design Review along Highways 63 and 21 and keeping the Accessory Building Metal Siding Exemption to certain metal siding like vertical metal siding for sheds at 120 square feet or less, and City Clerk instructed to publish notice of same. Ayes: Five. Absent: Greenwood, Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-1035. 126350 - Getty/Schmitt to instruct Superintendent of Central Garage to prepare specifications, bid document, etc. in conjunction with Purchase of One Current Model Year Service Truck, be received, placed on file and approved. Ayes: Five. Absent: Greenwood, Cole. Motion carried. 126351 - Getty/Schmitt that specifications, bid document, etc. in conjunction with Purchase of One Current Model Year Service Truck, be received and placed on file. Ayes: Seven. Motion carried. Ayes: Five. Absent: Greenwood, Cole. Motion carried. 126352 - Getty/Schmitt that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with above described purchase", be adopted. Ayes: Five. Absent: Greenwood, Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-1036. 126353 - Getty/Schmitt that "Resolution setting date of hearing on specifications, bid document, etc. as January 7, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking bids on the above described purchase", be adopted and City Clerk instructed to publish notice of same. Ayes: Five. Absent: Greenwood, Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-1037. ADJOURNMENT 126354 - Gunderson/Schmitt that the Council adjourn at 6:14 p.m. Ayes: Five. Absent: Greenwood, Cole. Motion carried. Nancy Ecke t, CMC City Clerk