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HomeMy WebLinkAboutMinutes-11/19/2007• • November 19, 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, November 19, 2007. Mayor Pro Tem Reggie Schmitt in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: Councilperson Bob Greenwood. 126235 - Getty/Greenwood that the Agenda, as amended, for the Regular Session on Monday, November 19, 2007, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 126236 - Welper/Greenwood that the Minutes, as proposed, for the Regular Session on Tuesday, November 13, 2007, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Pro Tem Schmitt read a Proclamation recognizing Jimmie Porter. CONSENT AGENDA 126237 - Getty/Greenwood 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. 1-81, dated November 19, 2007, in the amount of $3,271,101.25, 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- 965. b. Motion -to approve the following: 1. Aaron McClelland, Police Officer, to attend Rifle Instructor Recertification School in Des Moines, Iowa on December 5, 2007, with costs not to exceed $230.50, including use of city vehicle. 2. Chuck Carpenter, Chief Electrical Inspector, to take Commercial Electrical Inspector Test in Clive, Iowa on December 7-8, 2007, with costs not to exceed $350.00. c. Liquor License Permit Application Class E Save More Inc., 1975 Franklin Street (New) (Expires 10/17/08) Sunday Sales) d. Wine License Permit Application Class B Save More Inc., 1975 Franklin Street (New) (Expires 10/17/08) Sunday Sales) e. Beer License Permit Application Class C Save More Inc., 1975 Franklin Sunday Sales) f. Street (New) (Expires 10/17/08) Beer/Liquor License Permit Application Class C Galleria DePaco & Coffee Shop, 622 Commercial Street (Renewal) 12/19/08) (Includes Sunday Sales) Mexikelly, 209 Jefferson Street (Renewal) (Expires 11/22/08) Sales) The Winning Edge, 341 Fletcher Avenue (Renewal) (Expires 12 Sunday Sales) Joan's 9'er, 929 West 5th Street (Renewal) (Expires 11/30/08) Sales) (Includes (Includes (Includes (Expires (Includes Sunday /2/08) (Includes (Includes Sunday November 19, 2007 Consent Agenda continued g• Outdoor Service Area Application Joan's 9'er, 929 West 5th Street h. Cigarette/Tobacco Permit Application Elite Liquor, 1309 Lafayette Street Page 2 i. Fireworks Display Application Main Street Waterloo between 4th and 5th Street Bridges on December 8, 2007 for Downtown Lights The Night Event Ayes: Seven. Motion carried. HEARINGS & BIDS 126238 - Greenwood/Welper to receive, file and instruct City Clerk to open with Replace T -Hangar Doors at Waterloo Regional Airport Director for review: and read bids in conjunction Airport Project and refer to Bidder Bid Bond Base Bid Alternate 1 Alternate 2 Schwiss Dist, Inc. 5% $187,825.92 Fairfax, MN Logan Construction 5% $126,700.00 $48,000.00 $109,500.00 Metamoron, IL Ayes: Seven. Motion carried. UNFINISHED BUSINESS 126239 - Gunderson/Welper that communication from Superintendent of recommendation of award of contract in the Equipment Company of Ankeny, Iowa in conjunction Brush Chipper Unit, be received, placed on file of said contract", be adopted. Ayes: Seven. Central Garage transmitting amount of $53,557.00 to Aspen with Purchase of One Heavy Duty and "Resolution approving award Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-966. 126240 - Gunderson/Welper that communication from Superintendent of Central Garage transmitting recommendation of award of contract in the amount of $49,385.00 to Bill Colwell Ford of Hudson, Iowa in conjunction with Purchase of One 2008 4 -Wheel Drive Truck With Service Body and Snow Plow, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-967. 126241 - Gunderson/Welper that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $112,800.00 to Prairie Construction Company of Waterloo, Iowa in conjunction with 2007 Riverfront Stadium East Concession Renovation, 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. Paul Huting, Leisure Services Director, reported that the project should be completed by early spring, some time in May, prior to the Bucks season. They are not guaranteeing that it will be ready for the UNI season, but they feel the one existing new concession stand will be adequate. If the contract is approved by council tonight, the contractor is planning on starting the project tomorrow. 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. 2007-968. • November 19, 2007 Page 3 PETITIONS FROM PUBLIC 126242 - Welper/Kincaid that communication from Senior Planner transmitting request of Bob Huff on behalf of Landmark Commons for a minor site plan amendment to the "R -4,R -P" Planned Residence District for the development to two detached garages on property generally located at 1400 Maxhelen Boulevard, 14 mile east of Hammond Avenue, just south of Highway 20, be received, placed on file and "Resolution approving said minor site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-969. REPORTS 126243 - Kincaid/Greenwood that communication from City Clerk transmitting Abstract of Votes for the November 6, 2007 Municipal Elections, be received and placed on file. Ayes: Seven. Motion carried. 126244 - Kincaid/Greenwood that communication from Chief Financial Officer transmitting City of Waterloo Annual Financial Report for Fiscal Year Ended June 30, 2007 to be filed with the Auditor of State, be received, placed on file and "Resolution approving said financial report", be adopted. Prior to a vote on the above motion, the following comments were heard. Michelle Weidner, Chief Financial Officer, explained that this report is required to be filed annually with the state. The report summarizes the monies that were spent by the city during the year and collected, and it is sorted by different types of funds. There is a line on the report with the description that the expenditures are for a public zoo, marina, auditorium. The city gets questioned that we don't have a zoo, but we do have an auditorium which is the category Young Arena fits in, so you will see Young Arena expenses on that expense line. Other items of interest in the report is the city's outstanding debt is included in the last page, and we don't even use half of our actual allowable debit limit. This is not the actual audited financial statements, but these are internally prepared statements that are required to be filed with the State of Iowa annually. 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. 2007-970. DOCUMENTS 126245 - Greenwood/Cole that communication from Associate Engineer transmitting Change Order No. 1 for a net decrease in the amount of $1,489.64 for work performed by Aspro, Inc. and Its Subsidiary of Waterloo, Iowa in conjunction with F.Y. 2008 Commercial Street/W. 3rd Street Parking Lot Paving, Contract No. 733, be received, placed on file and approved and Mayor Pro Tem authorized to execute same. Ayes: Seven. Motion carried. 126246 - Greenwood/Cole that communication from Director of Cultural & Arts Commission transmitting Change Order No. 10 for net increase in the amount of $46,439.00 for work to be performed by Cardinal Construction, Inc. of Waterloo, Iowa in conjunction with Waterloo Center For The Arts Youth Pavilion, be received, placed on file and approved and Mayor Pro Tem authorized to execute same. Ayes: Seven. Motion carried. November 19, 2007 Page 4 Documents continued 126247 - Greenwood/Cole that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Aspro, Inc. and Its Subsidiary of Waterloo at a total cost of $42,268.81 in conjunction with F.Y. 2008 Commercial Street/W. 3rd Street Parking Lot Paving, Contract No. 733 and two-year Maintenance Bond, be received, placed on file and "Resolution approving said documents", be approved. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-971. 126248 Greenwood/Cole that communication from Assistant City Engineer transmitting Professional Services Agreement for Design Engineering Services with Earth Tech, Inc. of Waterloo, Iowa at a maximum amount payable of $38,000.00 in conjunction with F.Y. 2008 Big Rock Road Bridges Replacement With Box Culverts, Contract No. 739, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Eric Thorson, City Engineer, bridges that city has. We will we will still be in pretty good Following comments a vote was result. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-972. 126249 - Greenwood/Cole explained that these are the last two wooden replace these bridges, hopefully, next year, and shape with the rest of the bridges. taken on the above motion with the following that communication from Senior Planner transmitting request of Iowa Heartland Habitat for Humanity for tax exemptions on improvements totaling $10,500.00 for 65 Mulberry Street 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. 2007-973. 126250 - Cole/Welper that communication from Leisure Services Director transmitting agreement with Trail Blazers, Inc. for use and maintenance of existing ATV park at Riverview Recreation Area, 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. 2007-974. 126251 - Cole/Welper that communication from Leisure Services Director transmitting Completion of Project and Recommendation of Acceptance of Work performed by Aspro, Inc. of Waterloo, Iowa in the total amount of $164,480.00 in conjunction with the 2007 Byrnes Tennis Complex Renovation Project, be received, placed on file and "Resolution approving said documents", be approved. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-975. 126252 - Cole/Welper that communication from Leisure Services Director transmitting Contracts, Bonds and Certificates of Insurance in the amount of $112,800.00 with Prairie Construction Company of Waterloo, Iowa in conjunction with 2007 Riverfront Stadium East Concession Renovation, be received, placed on file and "Resolution approving said documents", 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. 2007-976. • • • • November 19, 2007 Page 5 Documents continued 126253 - Cole/Welper that communication from Director of Cultural & Arts Commission transmitting application with Veridian Credit Union for an Inclusive Community grant to be used to support the Experiencing the Phelps Youth Pavilion Student Field Trips Program, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-977. 126254 - Cole/Welper that communication from Building Official/Maintenance Administrator transmitting Professional Services Agreement with Cardinal Construction to upgrade link between Commercial Street parking ramp and Ramada Inn at a cost not to exceed $18,000.00, 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. 2007-978. 126255 - Cole/Welper that communication from Community Planning and Development Director transmitting Release of Real Estate Mortgage dated March 3, 1988 executed by JNH Enterprises, Inc. and recorded in the records of the office of the Black Hawk County Recorder in City Lot Mortgage Book 580, Page 745, on March 10, 1988 for property generally located at 1608-1610 Jefferson Street, be received, placed on file and "Resolution approving said release of real estate mortgage", 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. 2007-979. RESOLUTIONS TO BE ADOPTED 126256 - Welper/Gunderson that communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Martin Road Tax Increment District, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Auditor of same. Prior to a vote on the above motion, the following comments were heard. Don Temeyer, Community Planning & Development Director, reported that the city annually certifies expenditures that are eligible for reimbursement in the tax increment districts. It includes revenue, so the schedules include a Schedule A and B for each district. The documents are forwarded to the Black Hawk County Auditor who sends them to the State. This helps calculate a taxable value that is available for the budget process that will start in January. 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. 2007-980. 126257 - Welper/Gunderson that communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with San Marnan Tax Increment District, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Auditor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-981. November 19, 2007 Page 6 Resolutions to be Adopted continued 126258 - Welper/Gunderson that communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Airport Tax Increment District, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Auditor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-982. 126259 - Welper/Gunderson that communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Northeast Industrial Tax Increment District, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Auditor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-983. 126260 - Welper/Gunderson that communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Downtown Tax Increment District, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Auditor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-984. 126261 - Welper/Gunderson that communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Rath Tax Increment District, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Auditor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-985. 126262 - Welper/Gunderson that communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Logan Avenue Tax Increment District, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Auditor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-986. 126263 - Welper/Gunderson that communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Cattle Congress Tax Increment District, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Auditor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-987. • • • • • November 19, 2007 Page 7 ORDINANCES TO BE ADOPTED 126264 - Gunderson/Greenwood that "an Ordinance amending the 2003 Traffic Code By Adding a New Subsection (48a) Heath Street to Section 553, No Parking Here To Corner (no parking here to corner on Heath Street in a northerly direction from West Donald Street to the driveway of Fire Station #3)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 126265 - Gunderson/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 126266 Gunderson/Greenwood that "an Ordinance amending the 2003 Traffic Code By Adding a New Subsection (48a) Heath Street to Section 553, No Parking Here To Corner (no parking here to corner on Heath Street in a northerly direction from West Donald Street to the driveway of Fire Station #3)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4892. NEW BUSINESS 126267 - Kincaid/Welper to instruct Community Planning & Development Director to prepare plans, specifications, form of contract, etc. in conjunction with Phase I Demo -Former Chamberlain Manufacturing Property/Demolition, 550 Esther Street, Contract No. 741, be received, placed on file and approved. Ayes: Seven. Motion carried. 126268 - Kincaid/Welper that plans, specifications, form of contract, etc. in conjunction with Phase I Demo -Former Chamberlain Manufacturing Property/Demolition, 550 Esther Street, Contract No. 741, be received and placed on file. Ayes: Seven. Motion carried. 126269 - Kincaid/Welper 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 Pro Tem assigned No. 2007-988. 126270 - Kincaid/Welper that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as December 10, 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. 2007-989. 126271 - Kincaid/Welper to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2007 Spring View Park Restroom Project, be received, placed on file and approved. Ayes: Seven. Motion carried. 126272 - Kincaid/Welper that plans, specifications, form of contract, etc. in conjunction with 2007 Spring View Park Restroom Project, be received and placed on file. Ayes: Seven. Motion carried. November 19, 2007 Page 8 New Business continued 126273 - Kincaid/Welper 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 Pro Tem assigned No. 2007-990. 126274 - Kincaid/Welper that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as December 10, 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. 2007-991. ADJOURNMENT 126275 - Greenwood/Gunderson that the Council adjourn at 6:05 p.m. Ayes: Seven. Motion carried. Nancy'Eckert, CMC City Clerk • •