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HomeMy WebLinkAboutMinutes-05/27/2008• • May 27, 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 Tuesday, May 27, 2008. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Hart, Steve Schmitt, Welper, Reggie Schmitt. Absent: Greenwood. Moment of Silence. Pledge of Allegiance: Paul Huting, Leisure Services Director. 127138 - Reggie Schmitt/Welper that the Agenda, as amended, for the Regular Session on Tuesday, May 27, 2008, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 127139 - Reggie Schmitt/Welper that the Minutes, as proposed, for the Regular Session on Monday, May 19, 2008, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. CONSENT AGENDA 127140 - Reggie Schmitt/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. 1-59, dated May 27, 2008, in the amount of $12,592,781.67, 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. 2008-421. 2. Communication from City Clerk transmitting request of President of SHOUT! Ministries for a variance to the Noise Ordinance on June 30, 2008 from 5:00 - 11:00 p.m. in conjunction with Family Festival and Christian Music Concert to be held at Sullivan Park, including a band and PA system, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2008-422. 3. Communication from City Engineer transmitting request of Gary Anderson for a waiver for a concrete driveway to be located at 1639 Locke Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2008-423. 4. Communication from City Engineer transmitting request of Gerry A. Heying for a waiver for a concrete driveway to be located at 1635 Locke Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2008-424. b. Motion -to approve the following: 1. Todd Derifield, City Forester, to attend Trees and the Law Workshop in Des Moines, Iowa on May 16, 2008, with costs not to exceed $125.00, including use of city vehicle. 2. Nancy Gulick, Community Development Coordinator, to attend Monitoring HOME: Ensuring Program Compliance Training in Minneapolis, Minnesota on June 16-19, 2008, with costs not to exceed $840.00, including use of city vehicle. 3. David Meeks, Executive Director of Human Rights Commission, to attend 6th Annual Woodbury County Disproportionality of Minority Confinement Training in Sioux City, Iowa on June 5-6, 2008, with costs not to exceed $103.50, including use of city vehicle. May 27, 2008 Consent Agenda continued 4. Steve Carey, Fire Department Instructor, to teach classes in Eddyville, Iowa on May 20-22, 2008 and May 27-29, 2008, with costs not to exceed $620.00. Page 2 5. Communication from Mayor Tim Hurley transmitting recommendation of reappointment of Jennifer Heller and appointment of Shannon Farlow to the Waterloo Convention and Visitors Bureau, with term expiration of June 30, 2011. c. Liquor License Permit Application Class E Kwik Stop, 1761 Independence Avenue (Renewal) (Expires 7/9/09) (Includes Sunday Sales) d. Wine License Permit Application Class B Kwik Stop, 1761 Independence Avenue (Renewal) (Expires 7/9/09) (Includes Sunday Sales) e. Beer License Permit Application Class C Kwik Stop, 1761 Independence Avenue (Renewal) (Expires 7/9/09) (Includes Sunday Sales) Kwik Star, 324 Fletcher Avenue (Renewal) (Expires 7/21/09) (Includes Sunday Sales) Kwik Star, 1214 Franklin Street (Renewal) (Expires 7/21/09) (Includes Sunday Sales) Kwik Star, 707 Broadway Street (Renewal) (Expires 7/21/09) (Includes Sunday Sales) Kwik Star, 1105 Cedar Bend Street (Renewal) (Expires 7/21/09) (Includes Sunday Sales) f. Beer License Permit Application Class B The Waterloo Jaycees Fireworks Festival, 100 Block of W. 7/3/08 - 7/8/08) g• 4th Street (5 days— Beer/Wine License Permit Application Special Class C Gary's Restaurant & Catering, 2820 Falls Avenue (Renewal) (Expires 6/14/09) h. Beer/Liquor License Permit Application Class C Buzz's Bar, 1016 Maynard (Renewal) (Expires 5/27/09) (Includes Sunday Sales) Monica's, 324 E. 4th Street (New Owner) (Expires 5/21/09) i. Outdoor Service Area Application The Waterloo Jaycees Fireworks Festival, 100 Block of W. 4th Street Buzz's Bar, 1016 Maynard j. Fireworks Display Application American Cancer Society, Hawkeye Community College on June 20, 2008 Sunnyside Country Club, 1600 Olympic Drive on July 4, 2008 k. Bonds. Ayes: Six. Absent: Greenwood. Motion carried. ASSESSMENT HEARING 127141 Getty/Hart that proof of publication of notice of public hearing on Sidewalk Assessments in Conjunction with F.Y. 2008 E. 4th Street Reconstruction and Streetscape Improvements, Contract No. 742, as published in the Waterloo Courier on May 8, 2008 and May 15, 2008, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. • • May 27, 2008 Assessment Hearing continued 127142 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Page 3 Bill Micou, 229 East 4th Street, noted that he is not against the restoration project, but was concerned that it would increase his property taxes and asked if this would impact property owners in the future. Mayor Hurley responded that property taxes start with the Black Hawk County Assessor's office and is based on buildings and land. Mayor Hurley noted that in his opinion this upgrade in and of itself would not cause a significant increase in taxes. Mr. Micou noted that the property owners have to put dollars into the project, and that he thinks its great that we are pulling dollars to the downtown area, but questioned how this would affect the taxes. Mayor Hurley commented that the intention is not to raise taxes. The expense to the property owner is the same as if the city did its normal sidewalk program, which is the property owner's responsibility. Property owners will pay the same amount as if concrete is poured, and if the property has bricks, the city will pick up that extra costs. Jim Walsh, City Attorney, noted that he owns property in the downtown, and he hopes it will increase property value in the downtown. Mr. Walsh commented that the city does not know if this project will increase property taxes. The market value may go up but not the assessed value, but that is the Black Hawk County Assessor's decision. Mr. Micou noted that the project will start from Lafayette to Sycamore Street and asked why that area is being done first and commented that summertime is when a lot is going in the downtown. Mayor Hurley responded that no work will be started until after My Waterloo Days, and it is hoped that it will be completed by early August in time for the 2nd Annual Irish Feast and other downtown events, which is the reason the project was divided into areas. Mayor Hurley asked Mr. Micou if he has attended any of the meetings regarding the sidewalk project and suggested Mr. Micou get in contact with Terry Poe-Buschkamp at Main Street Waterloo who is coordinating the project with downtown property owners. Eric Thorson, City Engineer, reported that there are update meetings at Cottonwood Canyon every Tuesday at 8:00 a.m. with staff in attendance. Mr. Thorson suggested that Mr. Micou contact the Engineering Department regarding this project. Dennis Johnson, 211-215 East 4th Street, asked if new water lines will be installed during this project. Mayor Hurley responded that the city tries to coordinate all public work projects with the utility providers. Mr. Thorson noted that installation of new water lines is not included in the project to be let by the city, but there is a small window of time when property owners could do that. Councilperson Hart asked if property owners can make payments on a sliding scale so they don't have to pay all the costs up front. Mr. Thorson reported that once the project is final, the property owner is given 30 days to pay some, all or none, and what remains is assessed to the property with interest. Getty/Hart that the hearing be closed and oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 127143 - Getty/Hart that "Resolution of Necessity, as proposed, for the Sidewalk Assessments in Conjunction with F.Y. 2008 E. 4th Street Reconstruction and Streetscape Improvements, Contract No. 742", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-425. May 27, 2008 HEARINGS Page 4 127144 - Welper/Steve Schmitt that proof of publication of notice of public hearing on Development agreement with Laverne Lehman to vacate, sell and convey a portion of Ashland Avenue and alley adjacent to 1500 Ashland Avenue for $1.00 to use for construction of an 8,000 SF building and 450 SF office, as published in the Waterloo Courier on May 16, 2008, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 127145 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Steve Schmitt 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. 127146 - Welper/Steve Schmitt that "an Ordinance vacating a portion of Ashland Avenue and alley adjacent to 1500 Ashland Avenue", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried. 127147 - Welper/Steve Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Greenwood. Motion carried. 127148 - Welper/Steve Schmitt that "an Ordinance vacating a portion of Ashland Avenue and alley adjacent to 1500 Ashland Avenue", be considered and passed for the second and third times and adop€ed. Ayes: Six. Absent: Greenwood. Ordinance adopted and upon approval by Mayor assigned No. 4907. 127149 - Welper/Steve Schmitt 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. 2008-426. 127150 Welper/Steve Schmitt that "Resolution approving said development 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. 2008-427. 127151 Steve Schmitt/Welper that proof of publication of notice of public hearing on FYE2008 Budget Amendment, as published in the Waterloo Courier on May 14, 2008, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 127152 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Steve Schmitt/Welper that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 127153 - Steve Schmitt/Welper that "Resolution approving FYE2008 Budget amendments", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-428. • • May 27, 2008 Hearings continued 127154 - Reggie Schmitt/Hart Page 5 that proof of publication of notice of public hearing on not to exceed $300,000.00 General Obligation Capital Loan Notes to provide funds to pay costs of funding termination payments to retiring employees, including accrued vacation and sick leave, as published in the Waterloo Courier on May 13, 2008, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 127155 - This being the time and place of public hearing, and oral objections and there were none. the Mayor called for written Reggie Schmitt/Hart that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 127156 - Reggie Schmitt/Hart that "Resolution instituting proceedings to take additional action for authorization of a loan agreement and issuance of said capital loan notes", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-429. UNFINISHED BUSINESS 127157 Cole/Reggie Schmitt that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $471,910.00 to Michael Huff Construction of Waterloo, Iowa in conjunction with 2008 Lafayette Park Renovation Project, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Five. Abstain: Steve Schmitt as relative is a subcontractor. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-430. 127158 - Cole/Reggie Schmitt that communication from Contracts and Grants Coordinator transmitting recommendation of award of contract in the amount of $29,120.00 to Lehman Trucking & Excavating of Waterloo, Iowa in conjunction with General Obligation Bond Demolition Project, Contract No. 157 -D -GO -05-26-08, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-431. 127159 - Cole/Reggie Schmitt that communication from Airport Director transmitting recommendation of award of contract in the amount of $424,002.15 to K. Cunningham Construction Co., Inc. of Cedar Falls, Iowa in conjunction with General Aviation Apron and Taxilanes Rehabilitation, Phase II, for Waterloo Regional Airport, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-432. PETITIONS FROM PUBLIC 127160 - Getty/Hart that communication from City Planner transmitting request of Craft -Cochran for a site plan amendment to the "B -P" Business Park District for construction of a 17,600 square foot building and a 28 -stall parking lot on lot 2 of Greenbelt Centre Plat No. 2 generally located at the southwest corner of Highway 63 and Cyclone Drive, be received, placed on file and "Resolution setting date of hearing as June 9, 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-433. May 27, 2008 Page 6 Petitions from Public continued 127161 - Getty/Hart that communication from Community Planning & Development Director transmitting request of Financial Resource Advisors for a minor site plan amendment for construction of a 8,688 square foot, 1 -story professional office building in the Country Club Business Center, generally located just west of the Liberty Bank building, be received, placed on file and "Resolution approving said minor site plan amendment", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-434. DOCUMENTS 127162 Getty/Hart that communication from Director of Cultural & Arts Commission transmitting Change Order No. 2 for net increase in the amount of $695.00 for work performed by Sullivan Construction of Cedar Falls, Iowa in conjunction with Youth Pavilion Interactive Staircase, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Motion carried. 127163 - Hart/Steve Schmitt that communication from Director of Cultural and Arts Commission transmitting Change Order between $8,500.00 and $10,000.00, with 50 percent city's share, for cost of electrical work performed by Signs By Designs of Cedar Falls, Iowa in conjunction with Purchase of Digital Sign for Waterloo Center For The Arts, be received, placed on file and approved and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty commented that it was hard for him to understand how we could forget to put the electrical into the sign project. Mayor Hurley noted that legal for both sides were involved, we needed to get the sign up and running, and another contractor was found to do the electrical work for less. Cammie Scully, Director of Cultural & Arts Commission, noted that the electrical work was missed in the language, it was meant to have the electrical work included, but it is her understanding that it is customary not to have the electrical work included. Ms. Scully noted that it was felt it could get expensive to include legal or we could mediate, which we did and everyone felt this was the way to do it. Councilperson Steve Schmitt noted that he doesn't think it was the city or Signs By Design, it was just missed, and he feels the general contractor should have been making sure electrical was included. Ms. Scully responded that this is a separate project from the Youth Pavilion project. Councilperson Steve Schmitt commented that we need to get the electrical work done, but that going forward we need to make sure to cross all of our T's and dot our I's. Mayor Hurley noted that he had the same conversation to apply across all staff, that this was an honest mistake, but he feels this is the best approach. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Greenwood. Motion carried. 127164 Hart/Steve Schmitt that communication from Director of Cultural and Arts Commission transmitting Change Order No. 11 for a net increase in the amount of $46,673.00 for work performed by Cardinal Construction of Waterloo, Iowa in conjunction with Youth Pavilion - Center For The Arts, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Motion carried. • • • 1 May 27, 2008 Documents continued 127165 - Hart/Steve Schmitt Page 7 that communication from Contracts and Grants Coordinator transmitting contract in the amount of $29,120.00 with Lehman Trucking & Excavating of Waterloo, Iowa in conjunction with General Obligation Bond Demolition Project, Contract No. 157 -D -GO -05-26-08, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-435. 127166 - Steve Schmitt/Welper that communication from Associate Engineer transmitting agreement with Ament, Inc. of Waterloo, Iowa for construction phase services at a cost of $78,686.12, with city costs of $15,737.22, in conjunction with F.Y. 2006 Donald Street Trail, Contract No. 700, 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. 2008-436. 127167 Steve Schmitt/Welper that communication from Leisure Services Director transmitting Completion of Project and Recommendation of Acceptance of work performed by Century Fence Company of Waukesha, Wisconsin in the total amount of $28,478.00 in conjunction with 2008 Cedar River/Exchange Sports Complex Fencing Project, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-437. 127168 Steve Schmitt/Welper that communication from Leisure Services Director transmitting Letter of Intent with Iowa Department of Natural Resources to allow an urban deer management hunt within the city limits for ten year period, be received, placed on file and "Resolution approving said Letter of Intent", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-438. 127169 Welper/Reggie Schmitt that communication from Traffic Engineer transmitting agreement with Iowa Department of Transportation for Urban -State Traffic Engineering Program (U - STEP) grant in the amount of $27,291.00, with city's cost of $22,329.00, for a total cost of $49,620.00 for implementation of short-term traffic safety improvements at the intersection of Sergeant Road (U.S. 63) and Ridgeway Avenue, 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. 2008-439. 127170 - Welper/Reggie Schmitt that communication from Building Official/Maintenance Administrator transmitting Contract, Bond and Certificate of Insurance in the amount of $1,177,037.06 with Aduddell Restoration and Waterproofing of St. Paul, Minnesota in conjunction with Park Avenue Parking Garage Renovation, 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. 2008-440. May 27, 2008 Documents continued Page 8 127171 - Welper/Reggie Schmitt that communication from Director of Cultural & Arts Commission transmitting amendment to agreement with Invision Architecture for additional fees in the amount of $21,300.00 in conjunction with Youth Pavilion at Center for The Arts 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. 2008-441. RESOLUTIONS TO BE ADOPTED 127122 - Reggie Schmitt/Welper 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: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-442. NEW BUSINESS 127173 - Reggie Schmitt/Welper that communication from City Planner transmitting request to rescind Ordinance No. 4866 in its entirety due to an error in the legal description and to set new date of hearing on vacation of portion of alleys in Block 7 and Block 8 of Rose Hill First Addition and Ash Street between Sumner Street and Cottage Street, be received, placed on file and "Resolution setting date of hearing as June 9, 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-443. 127174 Reggie Schmitt/Welper that communication from City Engineer transmitting request to send out notification to property owners of proposed sidewalk repairs and estimate of costs and setting date of hearing as June 16, 2008 at 5:30 p.m. in the City Hall Council Chambers on proposed repairs in conjunction with the Sidewalk Inspection and Repair Program - Zone 8, be received, placed on file and "Resolution approving said 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. 2008-444. ORAL PRESENTATIONS 127175 - Mayor Hurley reported that one lane on westbound Ridgeway Avenue is closed, and the city is in the process of getting estimates, but it won't be cheap to fix. Mayor Hurley noted that council could see a proposal on next week's agenda to go ahead with the project. Getty/Reggie Schmitt that the above oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. ADJOURNMENT 127176 - Getty/Reggie Schmitt that the Council adjourn at 6:16 p.m. Ayes: Six. Absent: Greenwood. Motion carried. Nancy Eckert, CMC City Clerk • •