HomeMy WebLinkAboutMinutes-07/09/2007• •
July 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, July 9, 2007. Mayor Timothy J. Hurley
in the Chair. Roll Call: Kincaid, Welper, Gunderson, Getty, Cole, Schmitt. Absent:
Greenwood.
Moment of Silence.
Pledge of Allegiance: Councilperson Reggie Schmitt.
125538 Schmitt/Kincaid
that the Agenda, as amended, for the Regular Session on Monday, July 9, 2007, at
5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion
carried.
125539 Schmitt/Kincaid
that the Minutes, as proposed, for the Regular Session on Monday, June 25, 2007,
at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood.
Motion carried.
Mayor Hurley complimented and gave kudos to the Waterloo Jaycees. Mayor Hurley
feels the fireworks display Saturday night was awesome, the crowd was terrific,
there were lots for them to do, they were well behaved, and they represented
Waterloo very well. Mayor Hurley stated he does not, personally, remember
enjoying a display such as that in his life, and he has had the good fortune
this last week and a half to see displays in other states, in other cities, and
he couldn't be more proud of what the Jaycees put on Saturday night. Mayor
Hurley gave kudos to what the Jaycees stand for and how they use their
resources.
CONSENT AGENDA
125540 - 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. 1-71, dated July 9, 2007, in the
amount of $3,202,009.72, 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. 2007-560.
2. Communication from City Engineer transmitting request of Leo Quinn for a
waiver for a concrete driveway to be located at 313 Harwood Avenue,
together with recommendation of approval.
Resolution adopted and upon approval by Mayor assigned No. 2007-561.
3. Communication from Police Chief transmitting request of Jeff Smith from
Gateway Endurance Training for authorization to hold a Youth Triathlon at
the Lost Island Waterpark and the Hawkeye Community College Campus on
August 18, 2007 beginning at 8:00 a.m., with participants bicycling
southbound on Hess Road towards Hawkeye Community College one mile and
returning northbound on Hess Road.
Resolution adopted and upon approval by Mayor assigned No. 2007-562.
4. Communication from City Clerk transmitting request of Orchard Hill Church
for a variance to the Noise Ordinance on July 11, 2007 from 5:00 - 8:30
p.m. in conjunction with Neighborhood Fund Night at Immanuel Lutheran
School park on Walnut Street, including a live band and PA system,
together with recommendation of approval of Police Chief.
Resolution adopted and upon approval by Mayor assigned No. 2007-563.
July 9, 2007
Consent Agenda continued
Page 2
5. Communication from City Clerk transmitting request of Sierra Club for a
variance to the Noise Ordinance on August 11, 2007 from 11:00 a.m. - 3:00
p.m. in conjunction with event to be held at Lincoln Park, including music
and PA system, together with recommendation of approval of Police Chief.
Resolution adopted and upon approval by Mayor assigned No. 2007-564.
b. Motion -to approve the following:
1. Cammie
to the
Island
$3,480.
Scully, Director; and Kent Shankle, Curator; to pick up donations
collection, meet with donors and gallerists in New York City, Rhode
and Massachusetts on July 8-15, 2007, with costs not to exceed
00, including use of city vehicle.
2. Steven Newell, Police Officer, to attend Basic School Resource Officer
Course in Des Moines, Iowa on July 16-20, 2007, with costs not to exceed
$1,108.52, including use of vehicle.
3. Tim Hurley, Mayor, to attend Iowa League of Cities 109th Annual Conference
& Exhibit in Dubuque, Iowa on September 27-28, 2007, with costs not to
exceed $190.00.
c. Liquor License Permit Application
Class E
Kwik Stop, 1761 Independence Avenue (New) (Expires 7/1/08) (Includes Sunday
Sales)
d. Wine License Permit Application
Class B
Kwik Stop, 1761 Independence Avenue (New)
Sales)
Stop -N -Save, 1415 Logan Avenue (New) (Expires 7/1/08)
(Expires 7/1/08) (Includes Sunday
e. Beer License Permit Application
Class C
Kwik Stop, 1761 Independence Avenue
Sales)
Stop -N -Save, 1415 Logan Avenue (New) (Expires 7/1/08)
(Includes Sunday Sales)
(New) (Expires 7/1/08) (Includes Sunday
f. Beer/Liquor License Permit Application
Class C
Cadillac Lanes, 650 LaPorte Road (Renewal) (Expires
Sales)
g. Outdoor Service Area Application
Cadillac Lanes, 650 LaPorte Road
h. Fireworks Display Application
Supervisors Club on August 18, 2007
i. Cigarette/Tobacco Permit Application
Times Lounge, 213 E. 5th Street
Mustang Bar, 1927 Jefferson Street
Down Town New Star, 428 Franklin Street
Harris One Stop, 220 West Parker Street
Jet Lounge, 451 West Parker Street
Neighborhood Convenience Store, LLC, 926 Linn Street
Neighborhood Corner Spot, LLC, 735 Logan Avenue
Franklin Super Market, 1975 Franklin Street
Westside Liquor, 835 West Fifth Street
j. Bonds.
Ayes: Six. Absent: Greenwood. Motion carried.
1 •
(Includes Sunday Sales)
7/25/08) (Includes Sunday
• •
July 9, 2007
HEARINGS & BIDS
125541 - Gunderson/Welper
Page 3
that proof of publication of notice of public hearing on General Aviation Apron
and Taxilanes Rehabilitation at Waterloo Regional Airport, as published in the
Waterloo Courier on June 21, 2007 and notice to bidders, as published in the
Waterloo Courier on June 14, 2007, be received and placed on file. Ayes: Six.
Absent: Greenwood. Motion carried.
125542 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: Six. Absent: Greenwood. Motion carried.
125543 Gunderson/Welper
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with General Aviation Apron and Taxilanes Rehabilitation at
Waterloo Regional Airport", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-565.
125544 Gunderson/Welper
that "Resolution ordering construction in conjunction with above said project",
be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-566.
125545 Gunderson/Welper
to receive, file and instruct City Clerk to open and read bids and refer to
Airport Director for review:
Bidder Bid Bond Bid Amount
K. Cunningham Construction, Cedar Falls, IA 5% $633,141.75
Allied Construction Co. Inc, Charles City, IA 5% $671,317.25
Cedar Valley Corp, Waterloo, IA 5% $710,118.00
Flynn Company, Inc., Dubuque, IA 5% $844,594.25
Ayes: Six. Absent: Greenwood. Motion carried.
125546 - Gunderson/Welper
that proof of publication of notice of public hearing on Rehabilitation of
Taxiway "A" at the Waterloo Regional Airport, as published in the Waterloo
Courier on June 21, 2007 and notice to bidders, as published in the Waterloo
Courier on June 14, 2007, be received and placed on file. Ayes: Six. Absent:
Greenwood. Motion carried.
125547 - 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: Six. Absent: Greenwood. Motion carried.
125548 - Gunderson/Welper
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with Rehabilitation of Taxiway "A" at the Waterloo Regional
Airport", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-567.
July 9, 2007
Hearings & Bids continued
125549 - Gunderson/Welper
Page 4
that "Resolution ordering construction in conjunction with above said project",
be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-568.
125550 - Gunderson/Welper
to receive, file and instruct City Clerk to open and read bids and refer to
Airport Director for review:
Base Bid Alternate
Bidder Bid Bond Amount Amount
K. Cunningham Construction, Cedar Falls, IA 5% $378,763.25 $102,725.55
Cedar Valley Corp, Waterloo, IA 5% $426,390.10 $105,802.86
Flynn Company Inc, Dubuque, IA 5% $492,949.90 $129,201.50
Ayes: Six. Absent: Greenwood. Motion carried.
HEARINGS
125551 - Schmitt/Welper
that proof of publication of notice of public hearing on request of InVision
Architecture on behalf of Cedar Valley Medical Specialist for a site plan
amendment to the "R -4,C -Z" Conditional Zoning District for property generally
located east of 1661 West Ridgeway Avenue, just west of West 4th Street, to allow
for development of Oncology Clinic, including a 17,678 sq. ft. building and 81
stall parking lot, as published in the Waterloo Courier on June 22, 2007, be
received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried.
125552 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Schmitt/Welper
that the hearing be closed and recommendation of approval of Planning,
Programming and Zoning Commission be received and placed on file. Ayes: Six.
Absent: Greenwood. Motion carried.
125553 - Schmitt/Welper
that "Resolution approving said site plan amendment", be adopted. Ayes: Six.
Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-569.
125554 - Welper/Gunderson
that proof of publication of notice of public hearing on request of US Bank
National Association for an Exchange Agreement for sale and conveyance for $1.00
property general located at the intersection of Mullan Avenue and Commercial
Street for a new drive -up facility as part of agreement to purchase US Bank
drive -up and adjacent parking lot at a cost of $783,116.80 in conjunction with
the Riverfront Renaissance Project, as published in the Waterloo Courier on July
2, 2007, be received and placed on file. Ayes: Six. Absent: Greenwood.
Motion carried.
125555 - 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.
• •
• •
July 9, 2007
Hearings continued
125556 - Welper/Gunderson
Page 5
that "Resolution approving said exchange 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. 2007-570.
125557 - Welper/Gunderson
that "Resolution authorizing said sale and conveyance", be adopted and City
Attorney instructed to prepare and deliver deed accordingly. Ayes: Six.
Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-571.
PETITIONS FROM PUBLIC
125558 - Kincaid/Schmitt
that communication from City Planner transmitting development agreement with
Roger Klingfus to sell and convey for $5,000.00 property generally located at
the southwest corner of West 10th and Jefferson Streets to be used for
construction of a commercial building with a minimum value of $80,000.00, be
received, placed on file and "Resolution setting date of hearing as July 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:
Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-572.
REPORTS
125559 - Getty/Cole
that the Waterloo Water Works 2006 Operating Report be received and placed on
file.
Prior to a vote on the above motion, the following comments were heard.
Dennis Clark, Water Works General Manager, reported 2006 was an interesting year
as the Water Works started to ramp up the capital improvements and major
maintenance programs. The Water Work's revenue was up $226,000.00, and net
revenue was down 47 percent because of increased expenses. The major capital
improvements more than doubled last year from the previous year. The Water
Works installed one and three quarter miles of water main, and the water main
inventory now stands at 366 miles. They gained 48 valves for 650,000 valves in
the system and have just over 3,100 hydrants. Last year, the Water Works
inspected over 50 percent of the hydrants, which was a major undertaking and
they are continuing with that program this year. The customer service line
leaks were up 31 percent, which is up from last year so that is an ongoing
problem. At the end of the year, they were down to about 2,700 meters that
don't have a remote read devise on the outside of their homes, and that number
is continuing to shrink. The Water Works pumped a little over 5.1 billion
gallons of water last year. Service outside the city was over 152 million
gallons and the total gallons provided to the City of Waterloo was just under 18
million gallons for a total cost of $105,000.00, which was down about 13 percent
from the previous year. A lot of the city's reduction was work that Paul Huting
and his crew did to try to hold down water usage on the golf courses and Water
Pollution Control Plant's usage was down also. The Water Works sent out 135,000
bills.
Following comments a vote was taken on the above motion with the following
result. Ayes: Six. Absent: Greenwood. Motion carried.
DOCUMENTS
125560 - Getty/Welper
that communication from Building Official/Maintenance Administrator transmitting
Change Order No. 1 for a net increase of $4,000.00 for design work performed by
VJ Engineering in conjunction with 2007 Roof Repair Project, be received, placed
on file and approved and Mayor authorized to execute same. Ayes: Six. Absent:
Greenwood. Motion carried.
July 9, 2007
Documents continued
125561 - Getty/Welper
Page 6
that communication from Superintendent of Traffic Operations transmitting
agreement with Iowa Department of Transportation for Iowa Clean Air Attainment
Program grant in the amount of $408,200.00, with required 20 percent local
match, for an estimated total project cost of $546,000.00 for Ridgeway Avenue
and Hammond Avenue intersection improvements, 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.
Mayor Hurley reported this is a grant that the city went after because regular
MPO and INRCOG grants weren't available. This will be to study changes at
Hammond and Ridgeway. Mayor Hurley stated anybody who has lived in Waterloo for
any period of time knows that is a busy intersection and that there has been all
sorts of input and interest in it. Mayor Hurley assured council and the
citizens that if council accepts the agreement all they are doing is that.
There is no design yet, there is no construction, no dedication, no minds made
up about what we need to do in that area. Mayor Hurley commented as we progress
the city will involve the citizens in public meetings, neighborhood meetings and
forums to get their input. Mayor Hurley noted it makes some folks nervous about
what we might do at that intersection. Something clearly needs to be done, but
we will go after and receive and weigh the input, particularly of those who live
around there. Mayor Hurley noted there is no commitment tonight other than to
accept the grant.
Following comments a vote was taken on the above motion, with the following
result. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-573.
125562 Cole/Schmitt
that communication from Police Chief transmitting agreement with Governor's
Office of Drug Control Policy for FFY 07 Byrne/Iowa-Justice Assistance grant in
the amount of $283,173.00, with local cash match of $94,391.00, for FY08 funding
of Tri -County Drug Enforcement Task Force, be received, placed on file and
"Resolution approving said agreement", be adopted and Mayor authorized to
execute same. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-574.
125563 Cole/Schmitt
that communication from Police Chief transmitting application on behalf of the
Waterloo School for COPS Secure Our Schools Program to be used to assist with
the development of school safety resources, be received, placed on file and
"Resolution approving said application", be adopted. Ayes: Six. Absent:
Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-575.
125564 - Schmitt/Cole
that communication from Director of Cultural and Arts Commission transmitting
application for R.J. McElroy Trust grant in the amount of $100,800.00 and Target
grant in the amount of $2,900.00, be received, placed on file and "Resolution
approving said applications", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-576.
125565 - Schmitt/Cole
that communication from Assistant City Engineer transmitting construction plans
for sanitary sewer serving Lost Island East, as submitted by Wayne Claassen
Engineering and 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: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-577.
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July 9, 2007 Page 7
Documents continued
125566 - Kincaid/Schmitt
that communication from Assistant City Engineer transmitting construction plans
for sanitary sewer, storm sewer and paving serving Country Club Business Center
Addition, as submitted by Shive-Hattery, Inc. of Cedar Rapids, 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: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-578.
125567 - Kincaid/Schmitt
that communication from Associate Engineer transmitting addendum to railroad
crossing agreements for surface improvements with Iowa Department of
Transportation and Canadian National Railroad for Ansborough Avenue, E. 4th
Street, Rainbow Drive, Idaho Street, Logan Avenue and Conger Street, be
received, placed on file and "Resolution approving said addendum to agreements",
be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six.
Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-579.
125568 - Welper/Gunderson
that communication from Mayor Hurley transmitting agreement with Vision Iowa
Board and Waterloo Development Corporation for CAT grant award in the amount of
$1,000,000.00 to be used for the Downtown Riverloop Expo Project, be received,
placed on file and "Resolution approving said agreement", be adopted and Mayor
authorized to execute same. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-580.
125569 - Welper/Gunderson
that communication from Community Planning and Development Director transmitting
Brownfields Cleanup Revolving Loan Fund application, loan fund agreement and
promissory note in the amount of $350,000.00 with U.S. Environmental Protection
Agency for cleanup of CMC site, 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. 2007-581.
125570 Gunderson/Welper
that communication from City Planner transmitting amendment to Reciprocal
Easement Agreement with U.S. Bank National Association to extend term of
easement for an additional one year to use their property during construction of
the Youth Pavilion, amphitheatre and dam improvements, be received, placed on
file and "Resolution approving said 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. 2007-582.
125571 - Gunderson/Welper
that communication from City Planner transmitting Warranty Deeds from Richard
and Janet Winder and Thomas Winder for acquisition of property for construction
of streets for the business park located at the southeast corner of San Marnan
Drive and Ansborough Avenue, be received, placed on file and "Resolution
accepting and approving said deeds", be adopted. Ayes: Six. Absent:
Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-583.
NEW BUSINESS
125572 Getty/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
149-D/AR-G0-07-23-07, be received, placed on file and
Absent: Greenwood. Motion carried.
July 9, 2007
New Business continued
125573 - Getty/Schmitt
Page 8
that plans, specifications, form of contract, etc. in conjunction with General
Obligation Bond Demolition Project, Contract No. 149-D/AR-GO-07-23-07, be
received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried.
125574 - Getty/Schmitt
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with above described project", be adopted. Ayes:
Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-584.
125575 Getty/Schmitt
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. as July 23, 2007 at 5:30 p.m. in the City Hall Council Chambers
and taking of bids on the above described project", be adopted and City Clerk
instructed to publish notice of same. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-585.
125576 Getty/Cole
that communication from General Manager of Waterloo Water Works transmitting
request to certify the amount of $3,220.00 for work performed by the Water Works
at 1308 Leavitt Street, together with recommendation of approval of the Board of
Waterloo Water Works 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: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-586.
125577 - Getty/Cole
that communication from General Manager of Waterloo Water Works transmitting
request to certify the amount of $5,697.00 for work performed by the Water Works
at 301-303 E. 4th Street, together with recommendation of approval of Board of
Waterloo Water Works 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: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2007-587.
125578 - Schmitt/Gunderson
that the council adjourn to Executive Session at 6:05 p.m. Ayes: Six. Absent:
Greenwood. Motion carried.
Assistant City Attorney Chris Wendland stated that discussion of acquisition of
property is an approved topic of Executive Session pursuant to Iowa Code Section
21.5 (1)(j)(2007).
EXECUTIVE SESSION
125579 - Schmitt/Cole
that the council adjourn Executive Session at 7:23 p.m. Ayes: Six. Absent:
Greenwood. Motion carried.
ADJOURNMENT
125580 - Schmitt/Gunderson
that the Council adjourn at 7:23 p.m. Ayes: Six. Absent: Greenwood. Motion
carried.
Nancy 'Eckert, CMC
City Clerk
• •