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HomeMy WebLinkAboutMinutes-11/01/2010November 1, 2010 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 1, 2010. Mayor Ernest G. Clark in the Chair. Roll Call: Getty, Jones, Greenwood, Schmitt, Welper, Hart.Absent: Cole. Moment of Silence. Pledge of Allegiance: Suzy Schares, City Clerk. 135514 - Hart/Schmitt that the Agenda, as amended changing the amounts on items #17 and #18, for the Regular Session on Monday, November 1, 2010, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. 135515 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, October 25, 2010, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. Mayor Clark read a Proclamation declaring November 7-13, 2010 as Radiologic Technology Week. Mayor Clark recognized the November Team Member of the Month - Rick Curran. CONSENT AGENDA 135516 - Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Schedule AP642, pp. 1-47, dated November 1, 2010, in the amount of $1,219,943.69, 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. 2010-973. 2. Request of John Rooney for tax exemptions on improvements totaling $430,000.00 for property located at 1340 Logan Avenue and located in the Consolidated Urban Revitalization Area -Submitted by Shane Graham, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2010-974. b. Motion to approve the following: 1. 2. 3. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not. to Exceed Shane Schellhorn, FirePALS Coordinator; Mike Gibbons, Lieutenant Demonstrating Fire Prevention Program Emmetsburg, Maryland November 6-13, 2010 $260.96 Michelle Weidner, Chief Financial Officer 15th Annual Governmental GAAP Update Webinar - in office November 4, 2010 $180.00 Investigator Andrea Frana; Investigator Matt Wertz Forensics as a Team Focus: Current Trends in Sexual Assault Investigations Cedar Rapids, Iowa November 15-16, 2010 $260.00 Beer License Permit Application Class C 4. Aldi, Inc #33, 1918 Schukei Road (New Owner) (Includes Sunday Sales) November 1, 2010 Page 2 Liquor License Permit Application Class C 5. D'vine Medical Spa LLC, 2515 Cyclone Drive (Renewal) Wine License Permit Application Class B 6. Aldi, Inc #33, 1918 Schukei Road (New Owner) (Includes Sunday Sales) 7. Bond Ayes: Six. Absent: Cole. Motion carried. BID OPENING 135517 - Greenwood/Schmitt to receive, file and instruct City Clerk to open and read bid that was inadvertently missed during the official hearing of Monday, October 25, 2010 in conjunction with Ambulance Software - Electronic Care Reporting System and refer to Fire Chief for review: On file in the City Clerk's office. Ayes: Six. Absent: Cole. Motion carried. RESOLUTIONS 135518 - Schmitt/Welper that "Resolution approving Iowa Department of Transportation grant agreement in the amount of $104,082.00 for rehabilitation of hangars for the Waterloo Regional Airport, and authorize Mayor and City Clerk to execute said agreement - Submitted by Bradley Hagen, Airport Director", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-975. 135519 - Schmitt/Welper that "Resolution approving agreement with AECOM of Waterloo, Iowa in the amount of $9,000.00 for engineering services related to the design and construction of hangar improvements for Waterloo Regional Airport, and authorize Mayor to execute said agreement -Submitted by Bradley Hagen, Airport Director", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-976. 135520 - Schmitt/Welper that "Resolution approving recommendation of award of contract to August Enterprises, LLC of Jefferson, Iowa in the amount of $62,304.00 in conjunction with Asbestos Removal at former Van Eaton Public School, Contract No. 137-AR-10- 25-10-CDBG, and authorize Mayor and City Clerk to execute said contract - Submitted by Louis Starks, Contracts and Grants Coordinator", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-977. 135521 - Schmitt/Welper that "Resolution approving a minor site plan amendment to the property located at 1411 Flammang Drive, in the Crossroads area, for some minor changes in the Dick's Sporting Goods renovation and commercial additions -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-978. 135522 - Welper/Schmitt that "Resolution approving Conditional Offer Form for the Acceptance of Purchase Offer for 151 Greenwood Avenue, Anacapa Associates, LLC, in the amount of $32,004.00, and authorize Mayor and City Clerk to execute same -Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Six. Absent: Cole. Councilperson Getty, what is Anacapa Associates, LLC? Is this a group of several associates? • • • November 1, 2010 Page 3 Aric Schroeder, City Planner, Anacapa Associates, LLC is the business name of Otto and Kim MacLin who owned some rental properties including 149 Greenwood that we have already acquired through the flood buyout program, and then 151 Greenwood. Mayor Clark, why don't you give us a brief run down as we are about to start removing some properties down there. Mr. Schroeder, the buyout is moving along fairly well. We're probably about three quarters of the way through with acquisitions. Tomorrow should be the first demolition that will occur at 188 Greenwood. Hopefully fairly shortly after that, probably yet this week, we'll see the first couple of homes in the San Souci area that will get demolished. Last week we opened bids for an asbestos testing contract. Once we get that awarded and under contract, get the asbestos testing and asbestos abatement done, then we'll be able to move on to the next contract. Then demolition the majority of the rest of the homes, so it's going along quite well. Resolution adopted and upon approval by Mayor assigned No. 2010-979. 135523 - Welper/Schmitt that "Resolution approving Conditional Offer Form for the Acceptance of Purchase Offer for Lot 52 of Burds Subdivision in Sherwood Park, Kim M. MacLin, in the amount of $1,428.00, and authorize Mayor and City Clerk to execute same - Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-980. 135524 - Welper/Schmitt that "Resolution approving an extension of Lease Agreement with Aspro, Inc. for the mining of Riverview Recreation Area for another 10 years at a rate of 5 percent of Aspro's average net selling price with a minimum of $5,000.00 per year -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-981. 135525 - Welper/Schmitt that "Resolution approving the documents, adopting and levying the final schedule of assessments in conjunction with F.Y. 2008 East 4th Street Reconstruction and Streetscape Improvements, Contract No. 742 -Submitted by Dennis Gentz, P.E., Assistant City Engineer", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-982. 135526 - Getty/Hart that "Resolution approving proposed repairs to sidewalks in conjunction with F.Y. 2010 Sidewalk Inspection and Repair Program - Zone 10 -Submitted by W. Wayne Castle, Associate Engineer", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-983. 135527 - Getty/Hart that "Resolution approving Supplemental Agreement No. 3 with AECOM of Waterloo, Iowa for a revision in source of funds in conjunction with F.Y. 2011 U.S. Highway 63 Improvements - Conger/Newell Street to Donald Street, Contract No. 790 -Submitted by Jeff Bales, Associate Engineer", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-984. 135528 - Getty/Hart that "Resolution setting date of hearing as November 15, 2010 to approve a Development Agreement with Failor Hurley Properties, LLC for the sale and conveyance of approximately 1.13 acres of city -owned property located at the northeast corner of 18th and Black Hawk Street for the construction of a new 3,520 sq. ft. industrial building with a minimum taxable value of $230,000,00 for $1.00 and City Clerk instructed to publish notice of same -Submitted by Npel Anderson, Community Planning & Development Director", be adopted. Ayes: Six. Absent: Cole. November 1, 2010 Page 4 Councilperson Schmitt, is that construction company or is that proposed amendment there are they going to take that entire lot? Noel Anderson, Community Planning & Development Director, no they are not. They are taking the portion closest to 18th Street, 1.13 acres approximately. That entire site there is also some portion of 17th Street that we believe we could vacate. That's probably about half of the land we have out there or a little more than half. So we're going to have some more development opportunities in that area. Councilperson Schmitt, I had a conversation this weekend. I think again it kind of ties back to the Farmers Savings Bank there at 6th and Jefferson Streets. Have we had signs on this lot or this land is available for development and to call the City of Waterloo type of thing? Have we promoted? Because it seems like that's a fairly prime location given all the activity that's going on in that neighborhood. Mr. Anderson, I don't believe we've had signs up. We have in the past sent out a couple of mailings to developers in the area trying to get proposals at that site and we were unsuccessful previously in getting any of those approved. Councilperson Greenwood, did that site have some contamination on it? Has that then been remediated? Mr. Anderson, yes it was. As part of the 18th Street project you may recall we needed a portion of that because we were keeping the other existing bridge in place when we were building the new one. So we had to acquire a gas station/convenience store. We did have to acquire the front part, which is where their tank or islands were. As a part of that they asked for a total acquisition so the city did acquire the entire site. We demolished the former building. We also removed all the tanks and have a sign off by the DNR that everything has been removed properly. Resolution adopted and upon approval by Mayor assigned No. 2010-985. 135529 - Getty/Hart that "Resolution setting date of hearing as November 15, 2010 to approve a Development Agreement with Black Hawk Contracting & Development Inc. for the sale and conveyance of city -owned property located on East 8th Street from Lafayette and Sycamore Streets, for the construction of 5 new single-family homes for $1.00 and City Clerk instructed to publish notice of same -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-986. ORDINANCES 135530 - Schmitt/Welper that "an Ordinance vacating approximately 2.48 acres of city right -of way portion of Lowell Street and alleys near Mitchell Avenue, not including the Lowell Street portion between Regal and Mitchell Avenues in conjunction with Request of Pat's Auto Salvage to vacate, sell and convey approximately 2.48 acres of city right-of-way portions of Lowell Street and alleys near Mitchell Avenue at a cost of $1,975.60 plus any additional costs, not including the Lowell Street portion between Regal and Mitchell Avenues", be received, placed on file, considered and passed for the second time. Ayes: Five. Nay: Getty. Absent: Cole. Motion carried. Councilperson Getty, is all of this whole area that Pat's Auto Salvage is going to acquire now, is this all going to be fenced? Mayor Clark, yes per the requirements. Councilperson Getty, so there won't be any, the only road that will be available is the one in front of his place will be the only that will be left over. Mayor Clark, that is correct. Councilperson Getty, and that equipment will get off of city right-of-way? Mayor Clark, that's the way the proposal reads, yes, the development agreement. • • November 1, 2010 Page 5 135531 - Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Nays: Getty. Motion failed for lack of a majority vote. 135532 - Greenwood/Schmitt that "an Ordinance amending the 2008 Traffic Code by Adding a New Section (77a) Mohawk Street to Section 553, No Parking Here to Corner", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Cole. Motion carried. 135533 - Greenwood/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Cole. Motion carried. 135534 - Greenwood/Hart that "an Ordinance amending €he 2008 Traffic Code by Adding a New Section (77a) Mohawk Street to Section 553, No Parking Here to Corner", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Cole. Ordinance adopted and uponapproval by Mayor assigned No. 5019. OTHER COUNCIL BUSINESS 135535 - Getty/Schmitt that Change Order No. 2 for a net decrease of $120,650.00 for work performed by Robert C. Hauptly Construction Company of Waterloo, Iowa in conjunction with F.Y. 2010 Removal and Replacement of the Aeration Equipment at the Satellite and Easton Avenue Water Pollution Control Facilities, Contract No. 788, and authorize Mayor to execute said document -Submitted by Larry N. Smith, Superintendent of Waste Management Services, be received, placed on file and approved. Ayes: Six. Absent: Cole. Motion carried. 135536 - Welper/Schmitt that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Robert C. Hauptly Construction Company of Waterloo, Iowa in the amount of $443,013.96 in conjunction with F.Y. 2010 Removal and Replacement of the Aeration Equipment at the Satellite and Easton Avenue Water Pollution Control Facilities, Contract No. 788 -Submitted by Larry N. Smith, Superintendent of Waste Management Services", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2010-987. ADJOURNMENT 135537 - Welper/Schmitt that the Council adjourn at 5:53 p.m. Ayes: Six. Absent: Cole. Motion carried. uzyJ SJ Hates City Clerk