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HomeMy WebLinkAboutMinutes-01/16/2007For, January 16, 2007 The Council of the Chambers, Waterloo, Hurley in the Chair. Schmitt. City of Iowa, at Roll Moment of Pledge of 124780 - 124781 Silence. Allegiance: Schmitt/Kincaid Waterloo, Iowa, 5:30 Call: met in Regular Session at City Hall Council p.m., on Tuesday, January 16, 2007. Mayor Timothy J. Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Rudy, Jones, Community Development Director. that the Agenda, as proposed, for the Regular Session on Tuesday, January 16, 2007, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. - Schmitt/Kincaid that the Minutes, 2007, at 5:30 p.m., be accepted and approved. Ayes: as proposed, for the Regular Session on Monday, January 8, Seven. Motion carried. Mayor Hurley read a Proclamation declaring January Month. CONSENT AGENDA 124782 - Schmitt/Kincaid 2007 as National Mentoring that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: b. 1. Resolution approving Schedule AP640, pp. 1-77, dated January 16, 2007, in the amount of $1,113,093.44, 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. 2007-35. 2. Communication from City Engineer transmitting request of Tony O'Donnell for a waiver for a concrete driveway to be located at 1003 Fulton Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2007-36. 3. Communication from City Engineer transmitting request of Tony O'Donnell for a waiver for a concrete driveway to be located at 1013 Fulton Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2007-37. Motion to approve the following: 1. Communication from Mayor Tim Hurley appointment of Brandon J. Brockway Commission, with term expiration date of of Edward Ottesen and Ann Olsson, with 2009. transmitting recommendation of to the Historic Preservation April 7, 2009; and reappointment term expiration date of April 7, 2. Communication from Mayor Tim Hurley transmitting recommendation of reappointment of Larry Herzog and Ed Hutchens to the Waterloo Cable TV Commission, with term expiration date of December 31, 2009. c. Wine License Permit Application Class B Sam's Club, 210 East Tower Park Drive (Renewal) (Expires 2/28/08) (Includes Sunday Sales) d. Beer License Permit Application Class C Sam's Club, 210 East Tower Park Drive (Renewal) (Expires 2/28/08) (Includes Sunday Sales) e. Liquor License Permit Application Clasp E Sam's Club, 210 East Tower Park Drive (Renewal) (Expires 2/28/08) (Includes Sunday Sales) January 16, 2007 Page 2 Consent Agenda continued f. Bonds. Ayes: Seven. Motion carried. HEARINGS 124783 - Gunderson/Welper that proof of publication of notice of public hearing on request of Capri Blackhawk County for a site plan amendment to the "C -P" Planned Commercial District for the addition of an entertainment venue/restaurant/nightclub generally located on the southeast end of building located at 777 Isle of Capri Boulevard, as published in the Waterloo Courier on January 8, 2007, be received and placed on file. Ayes: Seven. Motion carried. 124784 - Gunderson/Welper that date of hearing on said site plan amendment be moved to January 22, 2007, be approved. Ayes: Seven. Motion carried. UNFINISHED BUSINESS 124785 - Getty/Cole that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $11,856.00 to Hawkeye Alarm and Signal Co. of Waterloo, Iowa in conjunction with Five Sullivan Brothers Convention Center Security Alarm, 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. 2007-38. 124786 - Gunderson/Greenwood that award of contract in the amount of $173,112.00 to Witham Ford of Waterloo, Iowa in conjunction with Purchase of Eight Patrol Cars, 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. Councilperson Gunderson commented that he feels the city needs to support our local businesses, and this could be an indication that we get behind our local businesses. Councilperson Welper stated he appreciates the other council's comments regarding supporting local dealers, and that local dealers pay taxes. Councilperson Welper stated many of our taxpayers struggle to pay taxes, and he thinks many of the citizens will question the council's judgment. Councilperson Welper stated that we are looking at a bid difference of more than $300.00 per vehicle, and he feels accepting the bid from Witham Ford is a step backward. Councilperson Welper stated the city's bidding process serves a purpose, and he feels we need to follow the process. Councilperson Cole stated the council got into a lot of hot water when they took a look at bids for a Caterpillar instead of John Deere. She feels what is good for John Deere is also good for Dick Witham. People who work for Dick Witham pay taxes. Councilperson Cole stated she feels this needs further exploration by the city council. Councilperson Cole stated she supports taking the higher bid. Councilperson Kincaid stated he has a problem with taking the higher bid if the council wants to keep the bid process in place, as he feels nobody will be bidding if this is the case. Councilperson Kincaid noted he will not support this motion. Councilperson Schmitt stated he doesn't think the city should spend $3,000.00 when we don't have to, and this is a case of low bid, this is cut and dry. Councilperson Schmitt stated there isn't anyone who hasn't priced a local dealer and then driven to another city and bought the lower price. Councilperson Schmitt noted that the state bid is on-line and anyone can see it, Councilperson Getty asked Mayor Hurley to set up a committee outside of the council to look at the way the city buys our products, and he would like to see a policy drawn up that would cover situations like this. Councilperson Getty noted that years ago the council talked about using a percentage. • • IllJanuary 16, 2007 Page 3 Unfinished Business continued Mayor Hurley stated the city has a policy which is more black and white. We have talked about what is local and what would be an acceptable price difference. Mayor Hurley stated he will put together a committee, which will include someone from the Finance Committee of the council. Mayor Hurley stated he has a large file on what cities do in cases like this and its all over creation, and its a conundrum for everyone. Councilperson Greenwood stated Witham Ford pays property taxes and hires employees who pay local taxes. Councilperson Greenwood stated Witham Ford is a local business, and he doesn't think the difference is that much, and he thinks we will more than get our money's worth by buying locally. Following comments a vote was taken on the above motion with the following result. Ayes: Four. Nays: Kincaid, Welper, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2007-39. 124787 - Getty/Welper that communication from City Planner transmitting recommendation of acceptance of proposal in the amount of $3,610.00 from Jerry Weekly in conjunction with sale and conveyance of Two Metal Pole Buildings generally located at the corner of East 8th Street and Sycamore Street, be received, placed on file and "Resolution accepting and approving said proposal", be adopted. Ayes: Six. Nays: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2007-40. PETITIONS FROM PUBLIC 124788 - Greenwood/Schmitt that communication from Senior Planner transmitting request of Gleeson Constructors, L.L.C. on behalf of Tyson Foods, Inc. for a minor site plan amendment to the "M -2,P" Planned Industrial District for construction of a 11,000 sq. ft. addition to the existing BPI production facility within the Tyson Foods facility generally located off N. Elk Run Road just north of MLK Jr. Drive, be received, placed on file and "Resolution approving said minor site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-41. DOCUMENTS 124789 - Cole/Schmitt that communication from Building Official/Maintenance Administrator transmitting Contracts and Certificates of Insurance in the amount of $11,856.00 with Hawkeye Alarm and Signal Co. of Waterloo, Iowa in conjunction with Five Sullivan Brothers Convention Center Security Alarm, 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. 2007-42. 124790 - Cole/Schmitt that communication from Associate Engineer transmitting Notice of Intent for NPDES Coverage Under General Permit with the Iowa Department of Natural Resources for storm water discharges in conjunction with F.Y. 2007 MidPort Boulevard Extension, Contract No. 717, be received, placed on file and "Resolution approving said notice of intent", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-43. 124791 - Cole/Schmitt that communication from Police Chief .transmitting application with Black Hawk County Emergency Management office for Citizens Corps grant in the amount of $3,500.00, with no required city match, to be used to help support the Police Department Police Reserve Unit, be received, placed on file and "Resolution approving said grant application", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-44. January 16, 2007 Page 4 Documents continued 124792 - Cole/Schmitt that communication from Community Planning and Development Director transmitting Release of Real Estate Mortgage with George E. Nicholas for payment in full of loan RFC 17, be received, placed on file and "Resolution approving said release of real estate mortgage", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-45. 124793 - Cole/Schmitt that communication from City Planner transmitting agreement with Riley's Floors and Moore to lease building located at 300 Park Avenue until September 3, 2007, 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. 2007-46. RESOLUTIONS TO BE ADOPTED 124794 - Cole/Schmitt that "Resolution dedicating a 10' strip of right-of-way generally located along the western Side of Oak Avenue between Franklin Street and Mulberry Street for use as a public sidewalk", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-47. NEW BUSINESS 124795 - Schmitt/Greenwood to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2007 Waterloo Dam Rehabilitation and Riverwall Construction, Contract No. 713, be received, placed on file and approved. Ayes: Seven. Motion carried. 124796 - Schmitt/Greenwood that plans, specifications, form of contract, etc. in conjunction with F.Y. 2007 Waterloo Dam Rehabilitation and Riverwall Construction, Contract No. 713, be received and placed on file. Ayes: Seven. Motion carried. 124797 Schmitt/Greenwood that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-48. 124798 Schmitt/Greenwood that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as February 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2007-49. ADJOURNMENT 124799 - Gunderson/Greenwood that the Council adjourn at 5:58 p.m. Ayes: Seven. Motion carried. Nancy £kert, CMC City Clerk