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HomeMy WebLinkAboutMinutes-08/11/2008• • August 11, 2008 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, August 11, 2008. Mayor Pro Tem Reggie Schmitt in the Chair. Roll Call: Cole, Getty, Greenwood, Welper, Reggie Schmitt. Absent: Hart, Steve Schmitt. Moment of Silence. Pledge of Allegiance: Reggie Schmitt, Ward 1 Council Member. 127591 - Welper/Greenwood that the Agenda, as proposed, for the Regular Session on Monday, August 11, 2008, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Hart, Steve Schmitt. Motion carried. 127592 - Welper/Greenwood that the Minutes, as proposed, for the Special Session on Thursday, June 26, 2008, at 1:00 p.m., and Regular Session on Monday, August 4, 2008, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Hart, Steve Schmitt. Motion carried. Mayor Pro Tem Reggie Schmitt read a Proclamation thanking all who assisted with clean up and recovery efforts during the 2008 Flood. CONSENT AGENDA 127593 - Welper/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 AP642, pp. 1-82, dated August 11, 2008, in the amount of $1,249,485.86, 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. 2008- 660. 2. Communication from Police Chief transmitting request of Grout Museum to hold Brewfest on September 27, 2008 at Soldiers & Sailors Park and Cedar Street between West 4th to West 5th Streets. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008- 661. 3. Communication from City Engineer transmitting request of David & Terry Roeder for a waiver for a concrete driveway to be located at 1200 Baltimore Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008- 662. 4. Communication from City Clerk transmitting request of Spicoli's, 3555 University Avenue, for a variance to the Noise Ordinance on August 16, 2008 from 4:00 - 11:00 p.m. in conjunction with a band playing in their outdoor service area, together with recommendation of Police Chief. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008- 663. b. Motion -to approve the following: 1. Larry Ticknor, Rusty Zey, Scott Kroeze and Randy Shepard, Airport Maintenance Workers, to attend Live Fire Training in Cedar Rapids, Iowa on September 24-25, 2008, with costs not to exceed $2,800.00, including use of city vehicle. 2. Reggie Schmitt, Councilperson, to attend Iowa League of Cities 110th Annual Conference in Council Bluffs, Iowa on September 10-12, 2008, with costs not to exceed $450.00. August 11, 2008 Page 2 Consent Agenda - continued 3. Dave Boesen, Battalion Chief, to attend Arson K-9 Handler Recertification in Ringgold, Georgia on October 20-24, 2008, with costs not to exceed $932.00, including use of city vehicle. 4. Tom Jennings, Police Chief, to attend 23rd Annual LECC Executive Training in Des Moines, Iowa on September 23-24, 2008, with costs not to exceed $170.00, including use of city vehicle. 5. Joe Saunders, Police Officer, to attend Basics of Outlaw Motorcycle Gangs Conference in Des Moines, Iowa on September 13-19, 2008, with costs not to exceed $635.00, including use of city vehicle. 6. Maureen Newbill, Visitor Services Manager, to attend Morning Glory Fine Craft Fair in Milwaukee, Wisconsin on August 9-10, 2008, with costs not to exceed $275.00. 7. Communication from Superintendent of Traffic Operations transmitting recommendation of appointment of Scott Kroeze to the position of Sign & Traffic Operator, effective August 18, 2008. c. Beer/Liquor License Permit Application Class C Kings and Queens Tap, 304-306 West 4th Street (Renewal) (Expires 8/27/09) (Includes Sunday Sales) Casey's Pub & Eatery, 1125 West Donald Street (Renewal) (Expires 9/23/09) (Includes Sunday Sales) d. Liquor License Permit Application Class E Wal-Mart Supercenter, 1334 Flammang Drive (Renewal) (Expires 9/30/09) (Includes Sunday Sales) e. Wine License Permit Application Class B Wal-Mart Supercenter, 1334 Flammang Drive (Renewal) (Expires 9/30/09) (Includes Sunday Sales) f. Beer License Permit Application Class C Wal-Mart Supercenter, 1334 Flammang Drive (Renewal) (Expires 9/30/09) (Includes Sunday Sales) g• Cigarette/Tobacco Permit Application Neighborhood Mart, 2100 Lafayette Street h. Outdoor Service Area Application Caseys Pub & Eatery, 1125 West Donald Street i. Bonds. Ayes: Five, with Councilperson Reggie Schmitt abstaining on Item b2. Absent: Hart, Steve Schmitt. Motion carried. PETITIONS FROM PUBLIC 127594 Getty/Cole that communication from Community Planning & Development Director transmitting site plan amendment to the "B -P" Business Park District for property generally located at the southeasterly corner of Greyhound Drive and the future Athens Drive for development of 13,000 sq. ft office building for expansion and relocation of the Waterloo Social Security Office, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 25, 2008, 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: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-664. d Y • • • • August 11, 2008 REPORTS 127595 - Cole/Welper Page 3 that communication from Human Resources Director transmitting Voluntary Transfer of Benefits Policy, be received, placed on file and "Resolution approving said policy", be adopted. Councilperson Greenwood reported he was approached by several Engineering Department employees who were concerned that they could only contribute a maximum amount of 25 percent of currently available time. Councilperson Greenwood stated he will support this policy for the sake of having a policy in place, but he would like employees to have the ability to contribute up to 50 percent of time that they don't need. Councilperson Greenwood will propose said change at a future council meeting. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-665. 127596 - Cole/Welper that communication from City Clerk transmitting Smoking Area Application Form, be received, placed on file and "Resolution approving said form", be adopted. Ayes: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-666. DOCUMENTS 127597 - Cole/Welper that communication from Leisure Services Director transmitting Change Order No. 1 for a net increase in the amount of $2,847.00 for work performed by Prairie Construction of Waterloo, Iowa in conjunction with Riverfront Stadium East Concession Renovation Project, be received, placed on file and approved and Mayor Pro Tem authorized to execute same. Ayes: Five. Absent: Hart, Steve Schmitt. Motion carried. 127598 - Cole/Welper that communication from Associate Engineer transmitting Change Order No. 3 for a net decrease in the amount of $12,169.56 for work performed by Happel Excavating, Inc. of Waverly, Iowa in conjunction with F.Y. 2007 Prescotts Creek Area Sanitary Sewer and Water Main Extensions, Contract No. 703, be received, placed on file and approved and Mayor Pro Tem authorized to execute same. Ayes: Five. Absent: Hart, Steve Schmitt. Motion carried. 127599 Greenwood/Cole that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Happel Excavating, Inc. of Waverly, Iowa at a total cost of $2,290,123.87 in conjunction with F.Y. 2007 Prescotts Creek Area Sanitary Sewer and Water Main Extensions, Contract No. 703, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond be received and placed on file. Ayes: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-667. 127600 - Greenwood/Cole that communication from Associate Engineer transmitting Amendment No. 1 to agreement with VJ Engineering at a cost of $7,500.00 to develop plats and legal descriptions in conjunction with F.Y. 2009 Permanent Closure of Black Hawk Creek Railroad Crossings, Contract No. 747, be received, placed on file and "Resolution approving said amendment", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-668. August 11, 2008 Documents - continued 127601 - Greenwood/Cole Page 4 that communication from Associate Engineer transmitting Notice of Discontinuation of Storm Water Discharge covered under Iowa NPDES General Permit 2 with Iowa Department of Natural Resources for construction activities in conjunction with F.Y. 2007 Riverwalk Loop Trail East 6th to 18th, Contract No. 696, be received, placed on file and "Resolution approving said notice", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-669. 127602 Greenwood/Cole that communication from Associate Engineer transmitting Notice of Intent for NPDES Coverage Under General Permit with Iowa Department of Natural Resources for renewal of storm water discharge in conjunction with F.Y. 2007 Riverloop Exposition Plaza, Phase 1, be received, placed on file and "Resolution approving said notice", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-670. 127603 - Welper/Cole that communication from City Clerk transmitting agreement with American Red Cross to use Veterans Memorial Hall in case of emergency or disaster, together with recommendation of Memorial Hall Commission, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-671. 127604 - Welper/Cole that communication from Community Planning & Development Director transmitting Property Access Agreement for 415 East 8th Street, 906 Franklin Street and 926 Franklin Street to perform environmental site assessments as part of the Brownfields Redevelopment Program in the downtown area, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-672. 127605 - Welper/Cole that communication from Community Planning & Development Director transmitting Property Access Agreement for 216-222 Commercial Street and Parcel #8913-26-205- 007 (Locus Partnership) to perform environmental site assessments as part of the Brownfields Redevelopment Program in the downtown area, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-673. 127606 - Welper/Cole that communication from Planner II transmitting request of Scott & Connie Peterson for tax exemptions on improvements totaling $150,000.00 for property located at 1045 Fulton 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: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-674. • • • • August 11, 2008 Page 5 Documents - continued 127607 Getty/Cole that communication from Community Planning & Development Director transmitting Development Agreement with Cardinal Construction Inc. for development of 14,400 sq. ft. professional office building in Country Club Business Center between Tower Park and Fisher Drive with a new minimum taxable value of $3,202,656.08, including tax rebates for seven years at 100 percent and an 8th year at 36 percent for repayment of their land purchase, be received, placed on file, and "Resolution approving said agreement", be adopted and Mayor Pro Tem and City Clerk authorized to execute the same. Ayes: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-675. 127608 Getty/Cole that communication from Community Planning & Development Director transmitting Development Agreement with Cardinal Construction Inc. for development of 5,300 sq. ft. and 3,840 sq. ft. office buildings in the Country Club Business Center between Tower Park and Fisher Drive with a new minimum taxable value of $2,301,724.30, including tax rebates for seven years at 100 percent and an 8th year at 80 percent for repayment of their land purchase, be received, placed on file, and "Resolution approving said agreement", be adopted and Mayor Pro Tem and City Clerk authorized to execute the same. Ayes: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-676. 127609 - Getty/Cole that communication from City Planner transmitting request for a variance to the requirements of the Subdivision Ordinance in Section 2.3(1) Final Plat Submittal for Preliminary and Final Plat of Greenbelt Centre No. 3, be received, placed on file and "Resolution approving said variance", be adopted. Ayes: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-677. 127610 - Getty/Cole that communication from City Planner transmitting Preliminary Plat of Greenbelt Centre Plat No. 3, together with staff report, aerial photo, preliminary plat, Owner's State of Restrictions, legal description, Report of the City Engineer, be received, placed on file and "Resolution approving said preliminary plat", be adopted. Ayes: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-678. 127611 Getty/Cole that communication from City Planner transmitting Final Plat of Greenbelt Centre Plat No. 3, together with staff report, aerial photo, preliminary plat, Owner's State of Restrictions, legal description, Report of the City Engineer, be received, placed on file and "Resolution approving said final plat", be adopted. Ayes: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-679. 127612 - Getty/Cole that communication from City Planner transmitting Final Plat of Country Club Business Center Third Addition, together with staff report, aerial photo, final plat and Report of the City Engineer, be received, placed on file and "Resolution approving said final plat", be adopted. Ayes: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-680. August 11, 2008 Documents - continued 127613 - Cole/Welper Page 6 that communication from Community Planning & Development Director transmitting First Amendment to City of Waterloo Section 108 Loan Guarantee Contract with the U.S. Department of Housing and Urban Development to allow the city to retain the funds for reuse and not deposit them into the Loan Repayment Account and extend date for withdrawal and disbursement to December 31, 2009, be received, placed on file and "Resolution approving said amendment", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-681. 127614 Cole/Welper that communication from Community Planning & Development Director transmitting Total Acquisition Contract with Wayne and Joanna Wiltfang for 218-220 West 2nd Street for $55,000.00 and 224-226 West 2nd Street for $58,315.00, and $50,000.00 for potential relocation and closing costs, be received, placed on file and "Resolution approving said contract", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-682. 127615 Cole/Welper that communication from Director of application for a Cedar Falls Tourism $2,200.00 to be used for marketing Holiday Arts Festival, be received, said application", be adopted. Ayes: Cultural & Arts Commission transmitting and Visitors Bureau grant in the amount of and advertising efforts for the annual placed on file and "Resolution approving Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-683. ORDINANCES TO BE ADOPTED 127616 Greenwood/Welper that "an Ordinance amending the 2008 Traffic Code by adding Subsection (9a) Linn Street to Section 546, Yield Intersection (installing yield signs on Linn Street at the intersection of Ricker Street)", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Hart, Steve Schmitt. Motion carried. NEW BUSINESS 127617 Greenwood/Getty that communication from Police Chief transmitting request to set date of hearing on purchase of a new target system for the Police Training Center, be received, placed on file and "Resolution setting date of hearing as August 25, 2008, 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: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-684. 127618 Getty/Greenwood to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2009 Sidewalk Repair Block Grant Program - Zone 8, Contract No. 751, be received, placed on file and approved. Ayes: Five. Absent: Hart, Steve Schmitt. Motion carried 127619 - Getty/Cole that plans, specifications, form of contract, etc. in conjunction with F.Y. 2009 Sidewalk Repair Block Grant Program - Zone 8, Contract No. 751, be received and placed on file. Ayes: Five. Absent: Hart, Steve Schmitt. Motion carried. • • • • August 11, 2008 Page 7 New Business - continued 127620 - Getty/Greenwood that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-685. 127621 - Getty/Cole that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as August 25, 2008 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: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-686. 127622 Getty/Greenwood to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with Young Arena Message Center, be received, placed on file and approved. Ayes: Five. Absent: Hart, Steve Schmitt. Motion carried. 127623 - Getty/Cole that plans, specifications, form of contract, etc. in conjunction with Young Arena Message Center, be received and placed on file. Ayes: Five. Absent: Hart, Steve Schmitt. Motion carried. 127624 - Getty/Greenwood that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-687. 127625 - Getty/Cole that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as August 25, 2008 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: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-688. 127626 - Welper/Greenwood that communication from Superintendent of Traffic Operations transmitting request to install temporary No Parking signs on the south side of Oleson Road between Hammond Avenue and Bethel Street, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-689. 127627 - Welper/Greenwood that communication from Community Planning & Development Director transmitting request to sell and convey Fire Station Number 8 generally located at the northwest corner of LaPorte Road and San Marnan Drive for $2.1 million to First Equity Acquisitions LLC be received, placed on file and "Resolution setting date of hearing as August 25, 2008 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: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-690. August 11, 2008 Page 8 ORAL PRESENTATIONS 127628 - Mayor Pro Tem Reggie Schmitt asked that the council receive and place on file a letter received from Lawrence Wheeler, 433 Bratnober Street, regarding the city's purchase of vehicles. Welper/Getty that the above letter be received and placed on file. Ayes: Five. Absent: Hart, Steve Schmitt. Motion carried. ADJOURNMENT 127629 - Welper/Greenwood that the Council adjourn at 6:01 p.m. Ayes: Five. Absent: Hart, Steve Schmitt. Motion carried. L4Nlamx 'cit. Nancy Eckert, CMC City Clerk 1