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HomeMy WebLinkAboutMinutes-02/26/2007• • February 26, 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, February 26, 2007. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Schmitt. Absent: Cole. Moment of Silence. Pledge of Allegiance: Dennis Clark, General Manager Waterloo Water Works. 124956 - Schmitt/Kincaid that the Agenda, as amended deleting Item 8, for the Regular Session on February 26, 2007, at 5:30 p.m., be accepted and approved. Ayes: Six. Cole. Motion carried. 124957 - Schmitt/Kincaid 124958 that the Minutes, as 2007, at 5:30 p.m., Motion carried. CONSENT AGENDA - Schmitt/Kincaid that the following approved: Monday, Absent: proposed, for the Regular Session on Monday, February 19, be accepted and approved. Ayes: Six. Absent: Cole. items on the consent agenda be received, placed on a. Resolutions to approve the following: 1. file and Resolution approving Schedule AP640, pp. 1-66, dated February 26, 2007, in the amount of $813,890.51, 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. 2007-132. 2. Communication from City Engineer transmitting request of Rodney & Dona Frickson for a waiver for a concrete driveway to be located at 540 Colorado Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2007-133. b. Liquor License Permit Application Class E Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires (Includes Sunday Sales) 3/11/08) c. Beer License Permit Application Class C Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/11/08) (Includes Sunday Sales) New Start Mart, 1415 Logan Avenue (Renewal) (Expires 4/14/08) (Includes Sunday Sales) Jim Lind Standard Service, 230 E. Ridgeway Avenue (Renewal) (Expires 4/6/08) (Includes Sunday Sales) d. Wine License Permit Application Class B Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Includes Sunday Sales) e. Beer/Liquor License Permit Application Class C Red Carpet Golf, 1409 Newell Street (Renewal) Sunday Sales) Lone Star Steakhouse & Saloon, 4045 Hammond 3/11/08) (Includes Sunday Sales) Beck's Pub & Grille, 3295 University Avenue (Includes Sunday Sales) (Expires 3/11/08) (Expires 4/4/08) (Includes Avenue (Renewal) (Expires (Renewal) (Expires 3/24/08) f. Outdoor Service Area Application Red Carpet Golf, 1409 Newell Street Lone Star Steakhouse & Saloon, 4045. Hammond Avenue Beck's Pub & Grille, 3295 University Avenue February 26, 2007 Page 2 Consent Agenda continued g. Fireworks Display Application Trinity Episcopal Parish, 4535 Kimball Avenue on April 7, 2007 Ayes: Six. Absent: Cole. Motion carried. HEARINGS 124959 - Kincaid/Welper that proof of publication of notice of public hearing on request of NM Development LC to vacate, sell and "convey a portion of the alley generally located adjacent to Lot's 1 thru 5 and Lots 24 thru 25 in Block 1 of North. Waterloo Place for $1.00 for the purpose of constructing a Walgreens Pharmacy Store and rescinding Ordinance No. 4820 and Resolution No. 2006-545 in their entirety due to error in the legal description, as published in the Waterloo Courier on February 16, 2007, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124960 - 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: Six. Absent: Cole. Motion carried. 124961 Kincaid/Welper that "an Ordinance vacating a portion of the alley generally located adjacent to Lots 1 thru 5 and Lots 24 thru 25 in Block 1 of North Waterloo Place", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Cole. Motion carried. 124962 - Kincaid/Welper that rules requiring orcj,inances'to,'be considered and voted for passage at two prior meetings be suspended. Ayo&: Six. Absent: Cole. Motion carried. 124963 Kincaid/Welper that "an Ordinance vacating a portion of the alley generally located adjacent to Lots 1 thru 5 and Lots 24 thru 25 in Block 1 of North Waterloo Place", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Cole. Ordinance adopted and upon approval by Mayor assigned No. 4858. 124964 - Kincaid/Welper that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-134. UNFINISHED BUSINESS 124965 - Gunderson/Schmitt that communication from City Engineer transmitting recommendation of award of contract in the amount 'of $5;530,'-048.31 to Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2007 Waterloo Dam Rehabilitation and Riverwall Reconstruction, Contract No. 713, be received, placed on file and "Resolution approving award of said contract", be adopted. Prior to a vote on the above motion, the following comments were heard. Eric Thorson, City Engineer, distributed and explained a bid tab prepared by Earth Tech summarizing the bids that were received. They are recommending that both alternates be approved. Alternate 1 is to increase the depth of bays 3 and 4, which allows the potential for a kayak run in the future. It also helps when we can open those up to help scour out the river. The second alternate is to add some rustication, which will make the wall look like block rather than a smooth concrete wall. Mr. Thorson stated they are asking that the contract be awarded to Petersen Contractors, Inc. • February 26, 2007 Page 3_ Unfinished Business continued Mayor Hurley commented that our estimates on the installation and removal of the Cofferdam were $250,000.00 and $150,000.00 respectively, and across the board the bids were $400,000.00 and $300,000.00 higher. Mr. Thorson stated that actually accounts for a %640,000.00 difference above the engineer's estimate, so that was the item that all the contractors felt was going to cost more than the city had estimated. Mayor Hurley said that alternate 1 increasing the depths of bays 3 and 4 will give us an opportunity to add enhancements in the future. If we said no on that alternate and then wanted to do it later, we would probably pay another $1 million for the cofferdam. Mr. Thorson added and also removing some of the structure and constructing the new gates so the total is around $1 million. Councilperson Getty commented that one day kayaking is a possibility by including alternate 1. Mr. Thorson responded by including alternate 1 that makes that a possibility, but there are still some other features and construction that have to take place which is not currently funded but we are looking for funds. Doug Schindel, Earth Tech, reported that the bid from Peterson Contractors for the gates system procurement is around $836,000.00, the riverwall related costs are about $2.98 million, and the total dam related costs are about $2.4 million. The causeway was split between them and that is why we phased this project together with the riverwall construction and the dam construction because that causeway is needed for both for the 'contractor to get to the dam and then also for the adjacent riverwall construction upstream of Park Avenue. Mr. Schindel stated that an Overmeyer system was bid by Peterson Contractors, and it has steel gates over the pneumatic bladder dam that functions to raise and lower the river level with the gates behind it. On the upstream side of the bladder, there will be steel panels over the top of the bladder itself so the downstream side is kind of exposed but there will be water there. You won't see that in terms of when the water is floating over the dam itself. Mr. Schindel stated that the other advantage that they looked at in the design team with this alternative is we can raise and lower different sections of the dam, so if we do get some debris caught up on it we are able to with this system possibly lower it to get it dislodged so we don't have to get our firemen out there which had been done in the past when they had to fix the crest, dislodge logs or debris that has gotten up on the dam itself. Mr. Schindel stated the project has been separated into two phases, the south side and the north side. The first phase, which is the south side, they are looking at a December 30, 2007 completion date. That would be the south half of the dam and the wall work on the south side. The north side construction would be all of next year, so we are looking for a final completion for this project of December 31, 2008. The reason why we want that south side finished is then we can come in with our lower plaza work adjacent to the art center and start working on that, too, next year. Mr. Schindel stated the life expectancy is on the order of 25 to 30 years from the manufacturer's literature, and there is a two-year maintenance bond on the system itself. D' ' Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-135. DOCUMENTS 124966 - Getty/Greenwood that communication from Senior Planner transmitting request of John Lappe for tax exemptions on improvements totaling $19,641.00 for 2215 City View Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-136. February 26, 2007 Page 4 Documents continued 124967 - Getty/Greenwood that communication from City Planner transmitting Development Agreement with Stephen J. Riley to develop 7,650 sq. ft. building on one acre site generally located along Highway 63, just southwest of the Wilbert Burial Vault site, with minimum taxable value of $470,000.00 and 100 percent tax rebatements for six years, 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. Councilperson Gunderson inquired how we came up with the six years at 100 percent. We have one for five years for 50 percent of the assessed value, and now we are going for six years at 100 percent for Mr. Riley's project. Noel Anderson, City Planner, responded the economic development plan for the Martin Road area allows for one acre of free land for one acre per 10,000 square feet, or one acre per $250,000.00 worth of value. Since this portion of Martin Road Tax Increment Finance District was developed primarily by Young Development where they put in the roads and the lots, we calculate what they are buying the land for and then offer them tax rebates, and that is the amount plus five percent interest to repay themselves through their future taxes. They essentially get the land for free. It will vary a little bit from project to project based on how much their building value is going to be worth for the acreage. Councilperson Gunderson commented that Mr. Riley is putting up the building himself and he bought the land himself, and Mr. Anderson responded that is correct. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-137. 124968 - Getty/Greenwood that communication from Assistant City Engineer transmitting construction plans for sanitary sewer serving Landmark Commons, as submitted by Wayne Claassen Engineering & Surveying, Inc. of Waterloo, Iowa, and Sewage Treatment Agreement with Iowa Department of Natural Resources, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-138. RESOLUTIONS TO BE ADOPTED 124969 — Getty/Greenwood that communication from General Manager of Waterloo Water Works transmitting request to amend Resolution No. 2007-34 authorizing certification of $1,145.65 for work performed by Water Works at 325 Ricker Street to correct legal description, 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: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-139. ORDINANCES TO BE ADOPTED 124970 - Schmitt/Gunderson that "an Ordinance amending the 2003 Traffic Code by repealing Fifth Street (E) of Section 549, Loading Zones; and enacting in new Subsection (6) Fifth Street (L) of Section 549, Loading loading zone on the southeast side of the 300 block of East 5th parking meters)", be received, placed on file, considered and first time. Ayes: Six. Absent: Cole. Motion carried. Subsection (6) lieu thereof a Zones (removing Street to allow passed for the February 26, 2007 Page 5 Ordinances to be Adopted'continued 124971 - Schmitt/Gunderson that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Cole. Motion carried. 124972 Schmitt/Gunderson that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (6) Fifth Street (E) of Section 549, Loading Zones; and enacting in lieu thereof a new Subsection (6) Fifth Street (E) of Section 549, Loading Zones (removing loading zone on the southeast side of the 300 block of East 5th Street to allow parking meters)", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Cole. Ordinance adopted and upon approval by Mayor assigned No. 4859. 124973 - Schmitt/Gunderson that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (7) Fifth Street (W) of Section 549, Loading Zones; and enacting in lieu thereof a new Subsection (7) Fifth Street (W) of Section 549, Loading Zones (removing 15 minute loading zone in the• 300 block of West 5th Street)", be received, placed on file, considered and passed for 'the first time. Ayes: Six. Absent: Cole. Motion carried. 124974 - Schmitt/Gunderson that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Cole. Motion carried. 124975 - Schmitt/Gunderson that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (7) Fifth Street (W) of Section 549, Loading Zones; and enacting in lieu thereof a new Subsection (7) Fifth Street (W) of Section 549, Loading Zones (removing 15 minute loading zone in the 300 block of West 5th Street)", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Cole. Ordinance adopted and upon approval by Mayor assigned No. 4860. NEW BUSINESS 124976 - Greenwood/Getty that communication from Superintendent` of Traffic Operations transmitting recommendation of installation o'f' ;s'treet lights on the curve in the 3900 block of Memory Lane and behind'303 Jefferson Street, be received, placed on file and "Resolution approving installation of said street lights", be adopted and City Clerk instructed to notify MidAmerican of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-140. 124977 - Welper/Kincaid to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2007 Street Reconstruction Program, Contract No. 718, be received, placed on file and approved. Ayes: Six. Absent: Cole. Motion carried. 124978 Welper/Kincaid that plans, specifications, form of contract, etc. in conjunction with F.Y. 2007 Street Reconstruction Program, Contract No. 718, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124979 - Welper/Kincaid that "Resolution preliminarily approving plans, specifications, form of. contract, etc. in conjunction with abdve described project", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-141. February 26, 2007 New Business continued Page 6 124980 Welper/Kincaid that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as March 26, 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: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-142. 124981 - Gunderson/Schmitt to. instruct Contracts form of contract, etc Project, Contract No. approved. Ayes: Six. and Grants Coordinator to prepare plans, specifications, . in conjunction with General Obligation Bond Demolition 147 -D -GO -03-19-07, be received, placed on file and Absent: Cole. Motion carried. 124982 Gunderson/Schmitt that plans, specifications, form of contract, etc. in conjunction with General Obligation Bond Demolition Project, Contract No. 147 -D -GO -03-19-07, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124983 - Gunderson/Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-143. 124984 - Gunderson/Welper that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as March 12; 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: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-144. ADJOURNMENT 124985 Mayor Hurley stated that because of the weekend storms and the amount of the limbs and things that came down, Tim Shea has very nicely and quickly reopened our Easton Avenue yard waste drop site. It was actually opened this morning to assist Waterloo residents in disposing of tree limbs and branches that came down from the ice storm, and it will remain opened for the remainder of the week. Mayor Hurley reminded everyone that it is for Waterloo residents and proof of residency could be required. We normally allow two inch diameter, four foot length at the drop site, but we will be a little more lenient about that. The site is not to be utilized for any kind of commercial or for hire transporters as they should utilize the Black Hawk County landfill. This is open only to residents of Waterloo. Welper/Schmitt that the Council adjourn at 5:57 p.'m. Ayes: Six. Absent: Cole.. Motion carried. re -ht-± Nancy�t, CMC City Clerk