HomeMy WebLinkAboutMinutes-01/02/2007January 2, 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, January 2, 2007. Mayor Timothy J.
Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Getty, Cole, Schmitt.
Absent: Greenwood.
Moment of Silence.
Pledge of Allegiance:
124716 - Schmitt/Kincaid
Michelle Weidner, Chief Financial Officer.
that the Agenda, as proposed, for the Regular Session on Monday, January 2,
2007, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood.
Motion carried.
124717 - Schmitt/Kincaid
that the Minutes, as proposed, for the Regular Session on Monday, December 18,
2007, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood.
Motion carried.
Mayor Hurley performed Swearing -In of the following Police Officers: Edward
Raymond Savage and Tyler Eugene Rice.
CONSENT AGENDA
124718 - 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. 1-73, dated January 2, 2007, in
the amount of $2,295,645.42, 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. 2007-1.
2. Communication from City Engineer transmitting request of Jerald Quint for
a waiver for a concrete driveway to be located at 5640 Kimball Avenue,
together with recommendation of approval
Resolution adopted and upon approval by Mayor assigned No. 2007-2.
b. Motion to approve the following:
1. Greg Erie, Police Officer, to attend Taser Instructor School in Pleasant
Hill, Iowa on January 10-11, 2007, with costs not to exceed $361.37,
including use of city vehicle.
c. Beer License Permit Application
Class B
Cedar Valley Fish Market, Inc., 218 Division Street (Renewal) (Expires
1/25/08)
d. Beer/Liquor License Permit Application
Class C
Electric Park Ballroom, 310 West Conger Street (Renewal) (Expires 1/28/08)
(Includes Sunday Sales)
Tony's Trattoria, 3251 West 4th Street (Renewal) (Expires 1/31/08) (Includes
Sunday Sales)
Amigos Mexican Restaurant, 910 West 5th Street (New) (Expires 1/3/08)
(Includes Sunday Sales)
Ayes: Six. Absent: Greenwood. Motion carried.
HEARINGS & BIDS
124719 - Gunderson/Welper
that proof of publication of notice of public hearing on propos4ls received for
sale and conveyance of property generally located at the southwesterly corner of
West 10th Street and. Jefferson Street, as published in the WatIrloo Courier on
December 15, 2006, be received and placed on file. Ayes: Six. Absent:
Greenwood. Motion carried.
January 2, 2007
Hearings & Bids continued
124720 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Page 2
Gunderson/Welper
that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried.
124721 - Gunderson/Welper
to receive, file and instruct City Clerk to open and read bids and refer to City
Planner for review:
Bidder Earnest Check Bid Amount
Iowa Post Frame Bldrs, Waterloo, IA $500.00 $3,000.00
Roger Klingfus, Waterloo, IA $500.0.0 $5,000.00
Ayes: Six. Absent: Greenwood. Motion carried.
124722 - Welper/Gunderson
that proof of publication of notice of public hearing on proposals received on
sale and conveyance of two metal pole buildings generally located at the corner
of East 8th Street and Sycamore Street, as published in the Waterloo Courier on
December 15, 2006, be received and placed on file. Ayes: Six. Absent:
Greenwood. Motion carried.
124723 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Welper/Gunderson
that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried.
124724 - Welper/Gunderson
to receive, file and instruct City Clerk to open and read bids and refer to City
Planner for review:
Bidder Earnest Check Bid Amount
Jerry Weekly, Waterloo, IA $500.00 $3,610.00
Ayes: Six. Absent: Greenwood. Motion carried.
HEARINGS
124725 - Kincaid/Welper
that proof of publication of notice of public hearing on ground lease agreement
with Planergy Waterloo, LLC for lease of approximately two acre portion of the
Lagoon Digester area in conjunction with the Gas Rights Agreement, as published
in the Waterloo Courier on December 15, 2006, be received and placed on file.
Ayes: Six. Absent: Greenwood. Motion carried.
124726 - 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: Six. Absent: Greenwood. Motion carried.
124727 - Kincaid/Cole
that "Resolution approving said lease agreement", be adopted and Mayor and City
Clerk authorized to execute same. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-3.
124728 - Schmitt/Welper
that proof of publication of notice of public hearing on reallocation of
$30,000.00 unspent proceeds of General Obligation Bonds, Series 2003A to pay
costs of constructing Leisure Services Vehicle Storage/Maintenance Building, as
published in the Waterloo Courier on December 20, 2006, be received and placed
on file. Ayes: Six. Absent: Greenwood. Motion carried.
1 •
January 2, 2007 Page 3
Hearings continued
124729 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Schmitt/Kincaid
that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried.
124730 - Schmitt/Gunderson
that "Resolution instituting proceedings to take additional action and approving
reallocation of said bonds", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-4.
124731 - Schmitt/Welper
that proof of publication of notice of public hearing on reallocation of
$100,000.00 unspent proceeds of General Obligation Bonds, Series 2005A to pay
costs of constructing Leisure Services Vehicle Storage/Maintenance Building, as
published in the Waterloo Courier on December 20, 2006, be received and placed
on file. Ayes: Six. Absent: Greenwood. Motion carried.
124732 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Schmitt/Kincaid
that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried.
124733 - Schmitt/Gunderson
that "Resolution instituting proceedings to take additional action and approving
reallocation of said bonds", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-5.
UNFINISHED BUSINESS
124734 - Getty/Gunderson
that communication from Leisure Services Director transmitting recommendation of
award of contract to Great American Outdoor of Urbandale, Iowa for two John
Deere 2500A Greens mowers at a total price of $43,800.00, two John Deere 2653A
Utility mowers at a total price of $40,900.00 and one John Deere 2030 Pro Gator
Gas at a total price of $14,500.00 in conjunction with Purchase of 2006 Golf
Turf Equipment, be received, placed on file and "Resolution approving award of
said contract", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-6.
PETITIONS FROM PUBLIC
124735 - Getty/Gunderson
that communication from Senior Planner transmitting request of Isle of Capri
Blackhawk County, LLC for a minor site plan amendment to the "C -P" Planned
Commercial District for the addition of an indoor pool and spa area generally
located on the northwest end of their building located at 777 Isle of Capri
Boulevard, be received, placed on file and "Resolution approving said minor site
plan amendment", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-7.
124736 - Getty/Gunderson
that communication from Senior Planner transmitting request of Isle of Capri
Blackhawk County, LLC for a site plan amendment to the "C -P" Planned Commercial
District for the addition of a entertainment venue/restaurant/nightclub
generally located on the southeast end of their building located at 777 Isle of
Capri Boulevard, be received, placed on file and "Resolution setting date of
hearing as January 16, 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: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-
January 2, 2007
REPORTS
124737 - Gunderson/Welper
Page 4
that communication from Chief Financial Officer transmitting City of Waterloo
Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2006, be
received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried.
Mayor Hurley stated he enjoys and benefits when we are rated or judged by an
objective third party outside agencies, and he is particularly proud of his
entire staff, every employee of the City of Waterloo and this council. Mayor
Hurley noted that over the last four years, the city has made very admirable
progress and has been good stewards of the taxpayers' money. Mayor Hurley
commented that this year's audit is a single event, and it may not mean a lot in
the day-to-day activities, but it means an awful lot when it comes from the
third parties, somebody who is paid to look for, and watch for things. Mayor
Hurley stated there were times in the city's recent history when we had over
four findings, in the not too distant past those findings were in the high
teens, and last year we had the findings down to five. Mayor Hurley stated he
is especially proud to report this year that those findings are zero. There are
a couple of statutory statements on some items that the city has little control
over. Just as important, in terms of financial stewardship, is the Executive
Summary on the key indicators to the trends in the city's general fund balances.
We have unrestricted cash that is 13 percent of our general fund revenues. The
state said the city should have at least 5 percent and Moody's Investors says we
should have three months or 25 percent of the general fund that is undesignated,
unrestricted reserves. Mayor Hurley noted when he and most of the council took
office the city had 5, 6 percent and today it is 13 percent of undesignated,
unrestricted reserves, and it is the city's intention to keep moving that amount
up safely and soundly. The TIF fund realized a decrease in. both cash fund
balances but we expected that, that was planned. We have employee benefit funds
as part of our property taxes and that cash and fund balance has increased
significantly due to primarily lower than expected costs. The one cent local
option sales tax for the year end June 30, 2006 showed an increase in cash and
fund balance. Mayor Hurley noted he saw a report today for the year to date
local option sales tax received and we are lagging behind last year. Road use
tax fund is the same way, although it now has a balance of $2.3 million, which
gives us a great balance or a great buffer for streets, snow removal, black
topping, etc. Cash and fund balance increased in the Housing fund, the capital
project funds, the sanitation fund, the wastewater fund, and all the fund
balances show significant increases and that wasn't because we just got lucky.
It wasn't because of some horrific windfall, but it is because of the men and
women who work for the city doing their job as they know how best to do. The
assistant department heads, the supervisors, the foremen, the department heads
doing what they know how to do so well over the years. We have a CFO staff and
Clerk staff who take the lead in making sure that we stay on course, that we do
what we are supposed to do, when we do it and how it is supposed to be done, to
be accountable for the taxpayers' money. Mayor Hurley stated that where we were
at not so long ago to where we are today is a really beautiful thing to see it,
to experience, and he is thankful to everyone he mentioned for the fact that he
is sitting where he is.
DOCUMENTS
124738 Cole/Schmitt
that communication from Assistant City Engineer transmitting Change Order No. 7
for a net increase in the amount of $40,446.77 for work performed by Aspro, Inc.
& Subsidiaries of Waterloo, Iowa in conjunction with F.Y. 2006 Street
Reconstruction Program, Contract No. 705, be received, placed on file and
approved and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood.
Motion carried.
124739 - Cole/Schmitt
that communication from City Engineer transmitting Completion of Project and
Recommendation of Acceptance of Work performed by Aspro, Inc. & Subsidiaries of
Waterloo, Iowa at a total cost of $3,113,370.71 in conjunction with F.Y. 2006
Street Reconstruction Program, Contract No. 705, 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: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-9.
January 2, 2007 Page 5
Documents continued
124740 - Cole/Schmitt
that communication from Leisure Services Director transmitting Contracts, Bonds
and Certificates of Insurance in the amount of $122,800.00 with Modern
Builders, Inc. of Janesville, Iowa in conjunction with 2006 Riverfront Stadium
Grandstand Roof Replacement, be received, placed on file and "Resolution
approving said documents", be adopted and Mayor and City Clerk authorized to
execute same. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-10.
124741 Cole/Schmitt
that communication from Leisure Services Director transmitting Contracts, Bonds
and Certificates Insurance in the amount of $262,903.00 with Michael Huff
Construction, Inc. of Waterloo, Iowa in conjunction with 2006 Storage Building -
1101 Campbell, be received, placed on file and "Resolution approving said
documents", be adopted and Mayor and City Clerk authorized to execute same.
Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-11.
124742 - Cole/Schmitt
that communication from Associate Engineer transmitting Contracts, Bonds and
Certificates of Insurance in the amount of $325,763.93 with Peterson
Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2007 Midport
Boulevard Extension, Contract No. 717, be received, placed on file and
"Resolution approving said documents", be adopted and Mayor and City Clerk
authorized to execute same. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-12.
124743 - Schmitt/Cole
that communication from Senior Planner transmitting request of Glenda Lentz for
tax exemptions on improvements totaling $50,607.00 for 1736 Williston Avenue
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: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-13.
124744 Schmitt/Cole
that communication from Senior Planner transmitting request of Roxanne Palmer
for tax exemptions on improvements totaling $29,701.00 for 612 Upton Avenue
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: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-14.
124745 - Schmitt/Cole
that communication from Senior Planner transmitting request of D&T Carwash for
tax exemptions on improvements totaling $233,000.00 for 2180 Logan Avenue
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: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-15.
Mayor Hurley noted that is another $313,000.00 plus investment in our
Consolidation Area.
January 2, 2007 Page 6
Documents continued
124746 - Schmitt/Cole
that communication from Community Development Director transmitting application
with the Environmental Protection Agency for lead grant in the amount of
$100,000.00, with no required local match, be received, placed on file and
"Resolution approving said grant application", be adopted and Mayor authorized
to execute same. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No: 2007-16.
RESOLUTIONS TO BE ADOPTED
124747 - Welper/Gunderson
that communication from Contracts and Grants Coordinator transmitting request to
forgive demolition assessment of $250.00 for 516 Rhey Street, be received,
placed on file and "Resolution forgiving said demolition assessment", be
adopted.
Prior to a vote on the above motion, the following comments were heard,
Don Temeyer, Community Planning & Development Director, stated when the city
takes ownership of property we have to take action so we can get clear title.
Mayor Hurley stated he heard the city used CDBG funds for renovations at Ms.
Mosley's dwelling. She satisfied the income guidelines and the costs of the
demolition were absorbed as a grant. Ms. Mosley received a special assessment
bill and requested to have the assessment waived.
Getty/Gunderson
that this item be tabled for one week for further information. Ayes: Six.
Absent: Greenwood. Motion carried.
ADJOURNMENT
124748 - Schmitt/Gunderson
that the Council adjourn at 6:05 p.m. Ayes: Six. Absent: Greenwood. Motion
carried.
G J
Nancy ckert, CMC
City Clerk