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HomeMy WebLinkAboutMinutes-07/23/2007• • July 23, 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 23, 2007. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Greenwood, Getty, Cole, Schmitt. Absent: Gunderson. Moment of Silence. Pledge of Allegiance: 125607 - Schmitt/Kincaid Michelle Weidner, Chief Financial Officer. that the Agenda, as amended, for the Regular Session on Monday, July 23, 2007, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Gunderson. Motion carried. 125608 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, July 16, 2007, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Gunderson. Motion carried. Mayor Hurley read a Proclamation declaring August 3-5, 2007 as Iowa Irish Fest Days. Mayor Hurley presented Water Fluoridation Award to Waterloo Water Works. Mayor Hurley commented that on Wednesday of this week the area will be populated with thousands of people on the Ragbrai tour. Many of them will come downtown on our shuttle service and enjoy the amenities downtown. Lance Armstrong will be with the Ragbrai group, and there will be a concert Wednesday featuring the Blues Travelers and Nada, a well-known state band. Mayor Hurley stated that also on Wednesday we have even more important and longer lasting luminaries, and they are all local folks. On Wednesday afternoon at 1:00 p.m. at Riverfront Stadium in Waterloo, we will be welcoming back the lst battalion of the 133rd Infantry, some 640 of our own National Guard. Mayor Hurley noted that the Waterloo Courier has done an outstanding job of educating people and letting them know what is going on that day and encouraging everyone from Dubuque and even Fort McCoy to show signs of welcome, patriotism and thanksgiving for what these men and women have done. Mayor Hurley invited everyone within earshot to do the same. Mayor Hurley noted we expect a big crowd at Riverfront Stadium, and we expect parking to be at a premium, but that should not discourage anyone. If just standing along the street of the route as they come into town and giving them a wave or displaying the flag, just some sign that we remembered them. The route has changed a little bit. They are going to come in from Dubuque on Highway 20 to Waterloo, then north on Highway 218 to Ansborough Avenue, then northeast along West Conger in front of the Cattle Congress, south on Burton Avenue and then east on Park Road to Riverfront Stadium. CONSENT AGENDA 125609 - 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. 1-53, dated July 23, 2007, in the amount of $3,797,949.10, 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. 2007-603. 2. Communication from Police Chief transmitting request of Mary TeWinkel, 4-H and Youth Development Field Specialist, for a variance to Waterloo Code of Ordinance, 5-2-6B, Discharging and Possessing Air Rifles and Similar Devices, to fire air rifles on July 28, 2007 as part of a demonstration for the 4-H Shooting Sports program in conjunction with the Black Hawk County 4-H & FFA Fair being held at the Cattle Congress Grounds. Resolution adopted and upon approval by Mayor assigned No. 2007-604. July 23, 2007 Consent Agenda - continued 3. Communication from Police Chief transmitting request of Exchange Club to hold Healing Field 2007 at Veterans Memorial Hall on September 7-9, 2007, including procession of flags on September 7, 2007 starting at West Fourth and Washington Streets and to close Cedar Street between E. 4th & E. 5th Streets. Page 2 Resolution adopted and upon approval by Mayor assigned No. 4. Communication from City Engineer transmitting for a waiver for an asphalt driveway to be together with recommendation of approval. request of located at Resolution adopted and upon approval by Mayor assigned No. 5. Communication from City Engineer transmitting request of waiver for a concrete driveway to be located at 404 together with recommendation of approval. 2007-605. Emma M. Petersen 1329 Wren Road, 2007-606. Robert Lee for a Douglas Street, Resolution adopted and upon approval by Mayor assigned No. 2007-607. 6. Communication from City Engineer transmitting request of Waterloo Water Works to be allowed to place concrete in the area between the back of the curb and the sidewalk in the 200 block of East 3rd Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2007-608. 7. Communication from City Engineer transmitting request of Bruce Nelson for a waiver for a concrete driveway to be located at 4626 Winghaven Drive, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2007-609. b. Motion -to approve the following: 1. Communication from Leisure Services Director transmitting recommendation of appointment of Aaron Olson to the position of Park Maintenance II - Forestry, effective August 8, 2007. 2. Paul Huting, Leisure Services Director, to attend 2007 National Recreation and Parks Association Congress & Exposition in Indianapolis, Indiana on September 23-29, 2007, with costs not to exceed $1,867.25. 3. S. Maureen Newbill, Jr. Art Gallery Director, to attend Madison Fine Arts Festival in Madison, Wisconsin on July 14-15, 2007, with costs not to exceed $183.00. 4. Eric Thorson, City Engineer, to attend American Public Works Association Iowa Chapter 2007 Fall Conference in Iowa City, Iowa on August 15-17, 2007, with costs not to exceed $475.00, including use of city vehicle. 5. Lou Ball, Firefighter, to attend the Governor's Conference on Public Health in Des Moines, Iowa on August 2-3, 2007, with costs not to exceed $285.00, including use of city vehicle. c. Liquor License Permit Application Class E Dane Street Liquor, 521 Dane Street (Renewal) (Expires 8/2/08) (Includes Sunday Sales) s d. Beer License Permit Application Class C Dane Street Liquor, 521 Dane Street (Renewal) (Expires 8/2/08) (Includes Sunday Sales) Hy -Vee Gas, 1512 Flammang Drive (Renewal) (Expires 8/26/08) (Includes Sunday Sales) All Stop, 51 E. Tower Park Drive (Renewal) (Expires 8/6/08) (Includes Sunday Sales) e. Wine License Permit Application Class B Dane Street Liquor, 521 Dane Street (Renewal) (Expires 8/2/08) (Includes Sunday Sales) July 23, 2007 Consent Agenda - continued f. Beer License Permit Application Class B Pizza Hut, 2825 Crossroads Boulevard (Renewal) Sunday Sales) g• Page 3 (Expires 7/8/08) (Includes Beer/Liquor License Permit Application Class C Randy's Tap, 307 West 4th Street (Renewal) (Expires 7/24/08) (Includes Sunday Sales) Cafe Bar Fontana, 801 Commercial Street (Renewal) (Expires 7/31/08) (Includes Brew Pub & Sunday Sales) h. Outdoor Services Area Application Narey's 19th Hole, 2073 Logan Avenue for July 28, 2007 i. Fireworks Display Application Dermatology Associates at John Deere Supervisors Club on August 24, 2007 j. Bonds. Ayes: Six. Absent: Gunderson. Motion carried. HEARINGS & BIDS 125610 - Getty/Welper that proof of publication of notice of public hearing on F.Y. 2008 Commercial Street/W. 3rd Street Parking Lot Paving, Contract No. 733, as published in the Waterloo Courier on July 5, 2007 and notice to bidders, as published in the Waterloo Courier on June 29, 2007, be received and placed on file. Ayes: Six. Absent: Gunderson. Motion carried. 125611 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Welper that the hearing be closed. Ayes: Six. Absent: Gunderson. Motion carried. 125612 - Getty/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2008 Commercial Street/W. 3rd Street Parking Lot Paving, Contract No. 733", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor 125613 - Getty/Welper assigned No. 2007-610. that "Resolution ordering construction in conjunction be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned 125614 - Getty/Welper with above said project", No. 2007-611. to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Aspro, Inc. and It's Subsidiary, Waterloo, IA Ayes: Six. Absent: Gunderson. Motion carried. 125615 - Welper/Kincaid that proof of publication of notice of public for The Waterloo Public Library, as published 2007 and notice to bidders, as published in 2007, be received and placed on file. Ayes: carried. Bid Bond Bid Amount 5% $43,758.45 hearing on 2007 Window Replacement in the Waterloo Courier on July 5, the Waterloo Courier on June 28, Six. Absent: Gunderson. Motion July 23, 2007 Page 4 Hearing & Bids - continued 125616 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed. Ayes: Six. Absent: Gunderson. Motion carried. 125617 - Welper/Kincaid that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with 2007 Window Replacement for The Waterloo Public Library", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2007-612. 125618 - Welper/Kincaid that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2007-613. 125619 - Welper/Kincaid to receive, file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review: Bidder Bid Bond Bid Amount Failor Hurley, Hudson, IA 5% $241,800.00 Magee Construction Co., Cedar Falls, IA 5% $251,985.00 National Window Associates, Rogers, MN 5% $327,014.00 Zephyr Aluminum, Dubuque, IA 5% $264,791.00 Ayes: Six. Absent: Gunderson. Motion carried. 125620 Kincaid/Schmitt that proof of publication of notice of public hearing on Intersection Traffic Safety Improvements, Contract No. 732, as published in the Waterloo Courier on July 5, 2007 and notice to bidders, as published in the Waterloo Courier on July 2, 2007, be received and placed on file. Ayes: Six. Absent: Gunderson. Motion carried. 125621 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Kincaid/Schmitt that the hearing be closed. Ayes: Six. Absent: Gunderson. Motion carried. 125622 - Kincaid/Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Intersection Traffic Safety Improvements, Contract No. 732", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2007-614. 125623 - Kincaid/Schmitt that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2007-615. 125624 - Kincaid/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Traffic Operations for review: • • • • July 23, 2007 Hearing & Bids - continued Bidder Bid Bond Bid Amount Price Industrial Electric, Hiawatha, IA 5% $359,229.00 KWS, Inc., Cedar Falls, IA 5% $286,490.00 Ayes: Six. Absent: Gunderson. Motion carried. HEARINGS 125625 - Greenwood/Welper Page 5 that proof of publication of notice of public hearing on request of Roger Klingfus. to sell and convey property generally located at the southwest corner of West 10th and Jefferson Streets for $5,000.00 to construct a commercial building with a minimum value of $80,000.00, as published in the Waterloo Courier on July 13, 2007, be received and placed on file. Ayes: Six. Absent: Gunderson. Motion carried. 125626 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Welper that the hearing be closed. Ayes: Six. Absent: Gunderson. Motion carried. 125627 - Greenwood/Kincaid that "Resolution approving said development agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2007-616. 125628 Greenwood/Kincaid that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2007-617. PETITIONS FROM PUBLIC 125629 - Schmitt/Kincaid that communication from Senior Planner transmitting request of City of Waterloo on behalf of Chase Auto to rezone from "A-1" Agricultural District to "M-1" Light Industrial District portions of property generally located at 1041-1117 Sheffield Avenue along the former Mill Race between Mitchell Avenue and Easton Avenue to allow for the continued use of the area as part of a recycling yard, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 6, 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: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2007-618. 125630 - Schmitt/Kincaid that communication from Senior Planner transmitting request of Richard Schmidt and Dee Ann Francis to rezone from "M -2,P" Planned Industrial District to "R-1" One and Two Family Residence District property generally located at 2000 E. Donald Street for purpose of converting the former Veridian Credit Union building into a single family home, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 6, 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. July 23, 2007 Page 6 Petitions From Public - continued Prior to•a vote on the above motion, the following comments were heard. Councilperson Kincaid asked since this is part of our industrial area if Richard Schmidt planned to sell this property would the city have first option to buy it. Noel Anderson, City Planner, responded the city has not been involved in the purchase or sale of this property, this is just a zoning request. Later on tonight's agenda, the council will be setting a date of hearing for the future Land Use Map amendments. This property is actually near the boarder of where the future Land Use Map shows industrial to the east and potential residential to the west. This is right on that borderline, but there is always a potential if we had a project, the city would be buying the property in the future if it were all industrial out there. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2007-619. 125631 - Schmitt/Kincaid that communication from Senior Planner transmitting request of David Milligan to rezone from "A-1" Agricultural District to "R-2" One and Two Family Residence District property generally located at 3458 East Shaulis Road, west of the intersection of East Shaulis Road and Cedar Terrace Drive, for the purpose of splitting existing home onto a smaller lot, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 6, 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: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2007-620. DOCUMENTS 125632 - Cole/Schmitt that communication from Associate Engineer transmitting Change Order No. 2 for a net decrease in the amount of $4,614.23 for work performed by Borwig Building Service, Inc. of Waterloo, Iowa in conjunction with F.Y. 2007 Kimball Avenue ADA Pedestrian Way, Contract No. 711, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Gunderson. Motion carried. 125633 - Cole/Schmitt that communication from Chief Financial Officer transmitting letters from Berens -Tate Consulting Group of Omaha, Nebraska regarding completed arbitrage testing for 2002 and 2003 general obligation bond issues, be received, placed on file and "Resolution approving said letters", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2007-621. 125634 - Cole/Schmitt that communication from Police Chief transmitting agreement with Advanced Computer Engineering Solutions (ACES) of Cedar Falls, Iowa for support services for stand-alone computer system for the Police Department and authorization to purchase appropriate hardware and software items, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2007-622. • • • • July 23, 2007 Page 7 Documents - continued 125635 - Cole/Schmitt that communication from Building Official/Maintenance Administrator transmitting three-year agreement with Black Hawk County to provide parking lot enforcement services at county parking lots, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2007-623. 125636 Cole/Schmitt that communication from Community Planning & Development Director transmitting grant award documents with the Economic Development Administration (EDA) for a grant in the amount of $1,600,000.00 for the Tech Works Technology Center project, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2007-624. RESOLUTIONS TO BE ADOPTED 125637 - Getty/Greenwood that "Resolution naming a public street generally located off of Martin Luther King Jr. Drive west of N. Elk Run Road to serve as access to Tyson Foods as Tyson Drive, be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2007-625. 125638 - Getty/Greenwood that "Resolution authorizing and directing the City Clerk to destroy certain records and papers, as provided in Section 272.13(5) of 2007 Code of Iowa", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2007-626. 125639 - Getty/Greenwood that "Resolution approving acquisition of property located at 919 Lafayette Street from Mooring Tax LLC at a cost of $3,500.00", be adopted. Ayes: Six. Absent: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2007-627. NEW BUSINESS 125640 Welper/Schmitt that communication from Senior Planner transmitting amendment to the City of Waterloo Comprehensive Plan, which makes multiple changes to the Future Land Use Map, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 13, 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: Gunderson. Resolution adopted and upon approval by Mayor assigned No. 2007-628. ORAL PRESENTATIONS 125641 Greg McClain, 4104 Tiffany Lane, Cedar Falls, Iowa, presented updated information he received from Henry Brown, a former national board member, regarding the locker room policy at the YMCA that promotes adult and children of the opposite sex nudity. Mr. McClain noted Mr. Brown finds it odd that the local Board of Directors have to be convinced to back away from this outdated policy. Morals and Christian principles aside there are huge liability issues for the Black Hawk YMCA and directors. It is an issue of liability that caused the Y -USA to issue a policy directive that all new construction has family/special needs toilet/locker facilities. The policy also directs that where possible older facilities would be renovated to provide the same type of facility. The policy statement related to children in locker rooms of the July 23, 2007 Page 8 Oral Presentations - continued opposite sex was not published nor organizations. Instead it is reflected construction which require inclusion of facilities. Mr. McClain noted that the national board want the association to be in a pos circumstances where the unthinkable can issued to the association member in the guidelines for new facility family change and special restroom was very clear on this. They do not ition of supporting conditions and happen. Mr. McClain stated this gentleman is also a board member of the YMCA of Greater Cincinnati, which has 19 branches and 7 program centers in three states and 7 counties. None of them allow children of the opposite sex in their locker rooms. Mr. McClain commented that Mr. Brown went on to say what dynamics are at work that would cause an informed Black Hawk Board to disregard advise and counsel from the National Y Board. It is simply beyond his comprehension that Black Hawk would chose to take the position described in the face of having family and special needs facilities available. There is simply no need to put staff and volunteers at risk of some deliberate, innocent or misunderstood incident or episode that will no doubt occur at some point in time. Mr. McClain explained a letter he received from Reverend Monsignor Lyle Wilgenbusch, Vicar of the Waterloo Regional Archdiocese of Dubuque. This letter contains compelling data that he collected from Catholic Clergy Director of the Archdiocesan Office For The Protection of Young Children and Young People. It basically says that they do not think this is a wise policy. Mr. McClain stated he is not requesting that the Waterloo City Council prescribe policy changes for the YMCA. He understands that such action is not within the council's purview. However, the city council is a body of local government concerned about the safety, protection and well being of its citizens, both children and adults, and it is on these basis that he is asking the city council to take action. Schmitt/Kincaid that the above oral comments be received and placed on file. Ayes: Six. Absent: Gunderson. Motion carried. ADJOURNMENT 125642 - Welper/Cole that the Council adjourn at 6:14 p.m. Ayes: Six. Absent: Gunderson. Motion carried. -("Jk'*• Nancy Eckert, CMC City Clerk • •