HomeMy WebLinkAboutMinutes-03/26/2007March 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, March 26, 2007. Mayor Pro Tem Reggie
Schmitt in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole,
Schmitt.
Moment of Silence.
Pledge of Allegiance: Ned DeBerg, Fire Chief.
Mayor Pro Tem Schmitt read a letter from Mayor Hurley recognizing Fire Chief Ned DeBerg
on his upcoming retirement and thanking him for his years of service with the city.
125065 Kincaid/Welper
that the Agenda, as proposed, for the Regular Session on Monday, March 26, 2007,
at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
125066 - Kincaid/Welper
that the Minutes, as proposed, for the Regular Session on Monday, March 19,
2007, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
CONSENT AGENDA
125067 - Kincaid/Welper
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. 1-64, dated March 26, 2007, in
the amount of $1,012,037.37, 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 Pro Tem assigned No. 2007-
194.
2 Communication from City Engineer transmitting request of Joel Kidder for a
waiver for a concrete driveway to be located at 1319 Jersey Lane, together
with recommendation of approval.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-
195.
3. Communication from City Engineer transmitting request of Jerry Makedonski
for a waiver for a concrete driveway to be located at 1013 Ann Street,
together with recommendation of approval.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-
196.
4. Communication from Police Chief transmitting request of March of Dimes to
hold 2007 Cedar Valley Walk America event on April 28, 2007 starting at
9:00 a.m. and finishing around 11:30 a.m., with route to start and finish
at Pfeiffer Spring Park in Cedar Falls, Iowa.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-
197.
5. Communication from Police Chief transmitting request of Waterloo Memorial
Board to hold annual Memorial Day Parade on May 28, 2007 starting at 10:30
a.m. on West 6th and Commercial to Park Avenue, right to Mulberry Street,
right to 5th Street, right to Commercial Street.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-
198.
March 26, 2007
Consent Agenda continued
6. Communication from City Clerk transmitting request of Hartman Nature
Center Director to burn approximately 26.30 acres of prairie grass located
in four areas within Hartman Reserve Nature Center in March - May 2007
and October - December 2007, together with recommendation of approval of
Fire Chief.
Page 2
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-
199.
b. Beer License Permit Application
Class B
Iry Warren Memorial Golf Course, 1000 Fletcher Avenue (Renewal) (Expires
3/31/08) (Includes Sunday Sales)
South Hills Golf Course, 1830 East Shaulis Road (Renewal) (Expires 3/31/08)
(Includes Sunday Sales)
Waterloo Softball Association, Corner of Burton & Josephine (New) (4/20/07
10/20/07) (Includes Sunday Sales)
c. Beer/Wine License Permit Application
Special Class C
Waterloo Bucks, 850 Park Road (New) (3/20/07 - 9/20/07) (Includes Sunday
Sales)
d. Beer License, Permit Application
Class C
Holiday Stationstore, 3260 University Avenue (Renewal) (Expires 5/4/08)
(Includes Sunday Sales)
New Star Liquor, 1625 West 4th Street (New) (Expires 3/1/08) (Includes Sunday
Sales)
e. Beer/Liquor License Permit Application
Class C
Grand Cafe Bar, 1400 Black Hawk Street (New) (Expires 3/15/08) (Includes
Sunday Sales)
f. Liquor License Permit Application
Class E
New Star Liquor, 1625 West 4th Street (New) (Expires 3/1/08) (Includes Sunday
Sales)
g. Outdoor Service Area Application
Iry Warren Memorial Golf Course, 1000 Fletcher Avenue
South Hills Golf Course, 1830 East Shaulis Road
Waterloo Bucks, 850 Park Road
Waterloo Softball Association, Corner of Burton & Josephine
h. Bonds.
Ayes: Seven. Motion carried.
HEARINGS & BIDS
125068 - Getty/Gunderson
that proof of publication of notice of public hearing on 2007 Right of Way
Mowing, as published in the Waterloo Courier on March 18, 2007, be received and
placed on file. Ayes: Seven. Motion carried.
125069 - This being the time and place of public hearing, the Mayor Pro Tem called for
written and oral objections and there were none.
Getty/Gunderson
that the hearing be closed. Ayes: Seven. Motion carried.
125070 - Getty/Gunderson
that "Resolution confirming approval of bid documents, specifications, etc. in
conjunction with 2007 Right of Way Mowing", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-200.
v
March 26, 2007 Page 3
Hearings & Bids continued
125071 - Getty/Gunderson
that "Resolution authorizing to proceed in conjunction with above project", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-201.
125072 - Getty/Gunderson
to receive, file and instruct City Clerk to open and read bids and refer to
Leisure Services Director for review:
Bid Bid Bid Bid Bid Bid Bid
Bidder Bond Option A Option B Option C Option D Option E Option F
B & B Lawn Care $3,000.00 $40.60 $37.00 $25.00 $66.75 $38.00 $66.75
Waterloo, IA
Ayes: Seven. Motion carried.
125073 - Getty/Gunderson
that proof of publication of notice of public hearing on F.Y. 2007 Street
Reconstruction Program, Contract No. 718, as published in the Waterloo Courier
on March 8, 2007 and notice to bidders as published in the Waterloo Courier on
March 2, 2007, be received and placed on file. Ayes: Seven. Motion carried.
125074 - This being the time and place of public hearing, the Mayor Pro Tem called for
written and oral objections and there were none.
Getty/Gunderson
that the hearing be closed. Ayes: Seven. Motion carried.
125075 - Getty/Gunderson
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with F.Y. 2007 Street Reconstruction Program, Contract No.
718", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-202.
125076 - Getty/Gunderson
that "Resolution ordering construction in conjunction with above project", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-203.
125077 - Getty/Gunderson
to receive, file and instruct City Clerk to open and read bids and refer to City
Engineer for review:
Base Bid Base Bid
Bidder Bid Bond + Alt A + Alt B
Aspro Inc. and. Its Subsidiary, Waterloo, Iowa 51 $4,264,867.00 No Bid
Ayes: Seven. Motion carried.
PETITIONS FROM PUBLIC
125078 - Gunderson/Cole
that communication from Senior Planner transmitting request of Hope M. Anderson
to rezone from "R -4,R -P" Planned Residence District to "C -1,C -Z" Conditional
Commercial District approximately 0.74 acres generally located north of 1266 E.
Orange Road at the southeast corner of E. Orange Road and Stardust Drive to
allow for development of a retail strip mall, including a restaurant, together
with recommendation of approval of Planning, Programming and Zoning Commission,
be received, placed on file and "Resolution setting date of hearing as April 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.
March 26, 2007 Page 4
Petitions from Public continued
Prior to a vote on the above motion, the following comments were heard.
Councilperson Gunderson commented that Mr. Davis lives in this area and could be
blocked in by redevelopment. At one time, Mr. Davis had a drainage problem, and
the Street Department did some corrections giving them a bigger culvert.
Councilperson Gunderson questioned if this development would affect Mr. Davis'
drainage, and he noted that Mr. Davis has put a mortar around his house to keep
the water away from his home that was draining off the apartments.
Councilperson Gunderson asked staff to investigate the drainage issue by the
hearing date to make sure we are not going to cause any more problems for this
gentleman.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-204.
DOCUMENTS
125079 - Cole/Kincaid
thatcommunication from Associate Engineer transmitting Change Order No. 1 for a
amount of $5,483.31 for work performed by Ti -Zack Concrete,
Minnesota in conjunction with F.Y. 2007 Sidewalk Repair
- Zone 6, Contract No. 712, be received, placed on file and
Pro Tem authorized to execute same. Ayes: Seven. Motion
net decrease in the
Inc. of Le Center,
Assessment Program
approved and Mayor
carried.
125080 - Cole/Kincaid
that communication from City Engineer transmitting Completion of Project and
Recommendation of Acceptance of Work performed by Ti -Zack Concrete, Inc. of Le
Center, Minnesota at a total cost of $69,865.68 in conjunction with F.Y. 2007
Sidewalk Repair Assessment Program - Zone 6, Contract No. 712, be received,
placed on file and "Resolution approving said documents", be adopted and two-
year Maintenance Bond be received and placed on file. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-205.
125081 Cole/Kincaid
that communication from City Clerk transmitting renewal of rental agreement with
Pitney Bowes to lease a postage machine at a cost of $515.00 per month for 63
months effective July 1, 2007, be received, placed on file and "Resolution
approving said agreement", be adopted and Mayor Pro Tem authorized to execute
same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-206.
125082 — Cole/Kincaid
that communication from Police Chief transmitting one-year School Resource
Officer's Agreement with Waterloo Community School District providing for
assignment of five police officers, be received, placed on file and "Resolution
approving said agreement", be adopted and Mayor Pro Tem and City Clerk
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-207.
125083 - Cole/Kincaid
that communication from Police Chief transmitting Memorandum of Agreement with
Iowa Internet Crimes Against Children Task Force, be received, placed on file
and "Resolution approving said agreement", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-208.
• •
March 26, 2007 Page 5
Documents continued
125084 Cole/Kincaid
that communication from Director of Cultural & Arts Commission transmitting
amendment #5 to the Community Attraction & Tourism (CAT) grant with Iowa
Department of Economic Development to extend the completion date for the
construction of the Youth Pavilion to August 2, 2007, be received, placed on
file and "Resolution approving said amendment", be adopted and Mayor Pro Tem
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-209.
125085 Kincaid/Welper
that communication from Senior Planner transmitting request of Juanita Fager for
tax exemptions on improvements totaling $40,000.00 for 1105 Grant 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: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-210.
125086 - Kincaid/Welper
that communication from Superintendent
agreement with Hellman of Waterloo, Iowa
provide services in conjunction with
Campaign, be received, placed on file and
be adopted and Mayor Pro Tem authorized to
of Traffic Operations transmitting
at an estimated cost of $44,063.60 to
Traffic Education Safety Awareness
"Resolution approving said agreement",
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-211.
125087 - Kincaid/Welper
that communication from Community Planning & Development Director transmitting
amendment #2 to the Vision Iowa contract for a time extension for the Grout
Museum financial commitment, be received, placed on file and "Resolution
approving said amendment", be adopted and Mayor Pro Tem authorized to execute
same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-212.
125088 - Kincaid/Welper
that communication from Fire Chief transmitting Response
MidAmerican Energy Company if a large scale oil release
MidAmerican Electrifarm Facility, be received, placed on file
approving said agreement", be adopted. Ayes: Seven.
Agreement with
occurs at the
and "Resolution
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-213.
125089 - Kincaid/Welper
that communication from Fire Chief transmitting Letter of Agreement with City of
Evansdale to lease city's Opticom controlled intersections at an annual cost of
$150.00 per intersection, be received, placed on file and "Resolution approving
said agreement", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-214.
NEW BUSINESS
125090 - Greenwood/Gunderson
that "Resolution approving abandonment schedule in conjunction with F.Y. 2007
Sidewalk Repair Assessment Program - Zone 6, Contract No. 712", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-215.
March 26, 2007
New Business continued
125091 - Greenwood/Gunderson
Page 6
that "Resolution adopting and levying final schedule of assessments and
providing for payment thereof in conjunction with F.Y. 2007 Sidewalk Repair
Assessment Program - Zone 6, Contract No. 712 ", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-216.
125092 - Welper/Gunderson
instruct Leisure Services Director to prepare proposal document, specifications,
form of contract, etc. in conjunction with Riverfront Stadium Fencing, be
received, placed on file and approved. Ayes: Seven. Motion carried.
125093 - Welper/Gunderson
that proposal documents, specifications, form of contract, etc. in conjunction
with Riverfront Stadium Fencing, be received and placed on file. Ayes: Seven.
Motion carried.
125094 - Welper/Gunderson
that "Resolution preliminarily approving proposal documents, specifications,
form of contract, etc. in conjunction with above described project", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-217.
125095 - Welper/Gunderson
that "Resolution setting date of hearing on proposal documents, specifications,
form of contract, etc. as April 9, 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: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-218.
125096 - Greenwood/Gunderson
instruct Building Official/Maintenance Administrator to prepare bid documents,
specifications, form of contract, etc. in conjunction with Facility Management
for The City of Waterloo, be received, placed on file and approved. Ayes:
Seven. Motion carried.
125097 - Greenwood/Gunderson
that bid documents, specifications, form of contract, etc. in conjunction with
Facility Management for The City of Waterloo, be received and placed on file.
Ayes: Seven. Motion carried.
125098 - Greenwood/Gunderson
that "Resolution preliminarily approving bid documents, specifications, form of
contract, etc. in conjunction with above described project", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-219.
125099 - Greenwood/Gunderson
that "Resolution setting date of hearing on bid documents, specifications, form
of contract, etc. as June 4, 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.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Gunderson asked if there are number of companies that do this and
how many companies will we send the bid document.
Louis Cutwright, Building Official/Maintenance Administrator, responded there
are quite a few companies across the nation that are into facilities management.
Many of them are existing companies that provide services for JCI, Trane,
Siemans and other companies.
March 26, 2007 Page 7
New Business continued
Councilperson Getty stated in essence, depending on the way these bids come back
on the date of hearing, we won't have any maintenance people in our city
Mr. Cutwright stated that according to the document, the contract provider will
have on -staff persons in the City of Waterloo, but we will no longer have an
actual Maintenance Department for city buildings. It will be composed of the
Facilities Management.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-220.
ORAL PRESENTATIONS
125100 - Kristi Zimmerman, representing Professional Lawncare, stated earlier tonight the
council opened bids for the right of way mowing project. Ms. Zimmerman stated
she turned in a bid today about 2:30 p.m. in the Clerk's office, and they
stamped in it. Ms. Zimmerman stated she was at home watching the council
meeting and noticed that their bid was not opened. Ms. Zimmerman stated she has
copies of the bid, and she is concerned that their bid wasn't represented.
Nancy Eckert, City Clerk, responded she would look in the morning to see if the
bid was in the Clerk's office. If the bid was stamped in, it will be in the
Clerk's office. We will look, and if that is the fact we will bring the bid
back next Monday and open it in front of Council.
Dale Willie, 2648 Saratoga Drive, asked if the city has done anything with the
parking of semis in residential areas.
Mayor Pro Tem Schmitt responded that council had a work session on that a couple
of months ago, and there was not enough support to carry it any further after
the work session.
Mr. Willie stated he has seven of them in Ward 5 and Ward 2 within a three block
area. They take up a lot of room and they are on the sideway.
Councilperson Getty asked Mr. Willie is he is talking about the whole semi or
the tractor. Mr. Willie responded he is talking about the tractor.
Mr. Willie stated they are parked in the street, parked on the corner, backed in
a driveway two side-by-side, and he has seven of them and it is kind of
unsightly. Mr. Willie stated he doesn't see Warren Trucking Company having
their employees take their trucks home, now all of a sudden we have Transport
America, you name it.
Mr. Willie stated he knows the coal plant is a situation that has everybody
going, and he thinks it is time that the City of Waterloo get into the business
of making electricity, selling electricity and making money. Mr. Willie stated
he thinks it's time that we take Chet Culvers' foresight and start marketing
wind turbines. Mr. Willie stated he knows you can put wind turbines all over
the City of Waterloo. We could put one out at Southhills as it is always
blowing out there. The wind turbine would allow the City of Waterloo to resell
electricity, and it would also help those who have low income get a little help
with their heating bills in the winter time.
Mayor Pro Tem Schmitt asked Mr. Willie to get with Police Chief Tom Jennings and
give him the location of the tractors.
Cole/Kincaid
that the above oral comments be received and placed on file. Ayes: Seven.
Motion carried.
ADJOURNMENT
125101 - Gunderson/Getty
that the Council adjourn at 6:00 p.m. Ayes: Seven. Motion carried.
CClavt—
Nancy ert, CMC
City Clerk