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HomeMy WebLinkAboutMinutes-12/06/2004• December 6, 2004 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, December 6, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Absent: Kincaid. Moment of Silence. Pledge of Allegiance: Councilperson Carolyn Cole. 120831 - Welper/Gunderson that the Agenda, as proposed, for the Regular Session on Monday, December 6, 2004, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Kincaid. Motion carried. 120832 - Welper/Gunderson that the Minutes, as proposed, for the Regular Session on Monday, November 22, 2004, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Kincaid. Motion carried. Mayor Hurley read a Proclamation declaring the month of December 2004 as Human Rights Month. Mayor Hurley recognized Coach Aundra Meeks and the Waterloo Columbus High School Football Team as the 2004 Class 2A State Champion. CONSENT AGENDA 120833 - Welper/Gunderson 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. 1-82, dated December 6, 2004, in the amount of $1,510,497.82, 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. 2004-817. b. Motion to approve the following: 1. Robert Greenlee, School Resource Officer, to attend Iowa Juvenile Court Services Association and Disproportionate Minority Contact Resource Center Conferences in Des Moines, Iowa on December 2-3, 2004, with costs not to exceed $187.43, including use of city vehicle. 2. Steve Grimm, Fire Department Instructor, to meet with Lennox personnel in Marshalltown, Iowa on November 22-23, 2004, with costs not to exceed $125.00. 3. Doug Erpelding, Plan Review Specialist; Bob Ball, Chief Building Inspector; Brian Baker, Chief HVAC Inspector; and Dan Youngblood, Chief Combination Inspector, to attend 2003 IBC Building Planning and 2003 IBC Solving Means of Egress Problems in Commercial Structures Seminars in Johnston, Iowa on January 27-28, 2005, with costs not to exceed $1,500.00, including use of city vehicle. 4. Matt McGeough and Rich Hesse, Police Officers, to attend Desert Snow Class at Johnston, Iowa on November 29 -December 1, 2004, with costs not to exceed $363.00, including use of city vehicle. 5. Carol Kienol, Dave Mohlis, Sue Holms and Mike McNamee, Police Sergeants, to attend First Line Supervisor School in Des Moines, Iowa on December 13- 17, 2004, with costs not to exceed $3,150.00, including use of city vehicle. 6. Jeff Tyler and Robert Duncan, Police Investigators, to travel to Minneapolis, Minnesota on October 26-27, 2004, with costs not too exceed $174.80, including use of city vehicle. December 6, 2004 Page 2 Consent Agenda - continued c. Beer License Permit Application Class B La Michuacana Inc., 1221 Franklin Street (Renewal) (Expires 11/11/05) (Includes Sunday Sales) d. Beer/Wine License Permit Application Special Class C Broadway Diner, 504 Riehl Street'(Renewal) (Expires 1/6/06) (Includes Sunday Sales) e. Beer/Liquor License Permit Application Class C The Winning Edge, 341 Fletcher Avenue (Renewal) (Expires 12/02/05) (Includes Sunday Sales) Fitzgerald's Grill & Pub, 360 East Ridgeway (Renewal) (Expires 12/09/05) (Includes Sunday Sales) Joan's 9er, 929 West 5th Street (Renewal) (Expires 11/30/05) (Includes Sunday Sales) Ayes: Six. Absent: Kincaid. Motion carried. HEARINGS AND BIDS 120834 - Gunderson/Schmitt that proof of publication of notice of public hearing on 2004 Tibbitts Baseball Complex Fencing Project, as published in the Waterloo Courier on November 23, 2004, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 120835 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Gunderson that the hearing be closed. Ayes: Six. Absent: Kincaid. Motion carried. 120836 - Gunderson/Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with 2004 Tibbitts Baseball Complex Fencing Project", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2004-818. 120837 - Gunderson/Cole that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2004-819. 120838 - Gunderson/Cole to receive, file and instruct City. Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Amount Miller Fence Co., Waterloo, Iowa $65,560.31 Ayes: Six. Absent: Kincaid. Motion carried. 120839 - Schmitt/Gunderson that proof of publication of notice of public hearing on Air Service Consultant Services for the Waterloo Airport, as published in the Waterloo Courier on November 19, 2004, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 120840 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. • December 6, 2004 • • Page 3 Hearings & Bids - continued Welper/Gunderson that the hearing be closed. Ayes: Six. Absent: Kincaid. Motion carried. 120841 - Schmitt/Cole that "Resolution approving award of contract to Sabre, Inc. of Minneapolis, Minnesota at a cost not to exceed $100,000.00 in conjunction with above project", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2004-820. 120842 - Cole/Schmitt that proof of publication of notice of public hearing on Marketing Communications Services for the Waterloo Airport, as published in the Waterloo Courier on November 19, 2004, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 120843 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Gunderson that the hearing be closed. Ayes: Six. Absent: Kincaid. Motion carried. 120844 - Cole/Schmitt that "Resolution approving award of contract to ME&V of Cedar Falls, Iowa at a cost not to exceed $300,000.00 in conjunction with above project", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley reported that 96.49 percent of these projects will be funded through a federal grant and 3.51 percent will be funded by the Airport and community over a three-year period. The Airport received a $550,000 grant from the U.S. Department of Transportation for these two projects. Following comments a vote was taken on the above motion with the following results. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2004-821. HEARINGS 120845 - Gunderson/Welper that proof of publication of notice of public hearing on request of Doug Yarrington to vacate a portion of the 8 foot utility easement generally located along the north property line at 208 Zachary Court for the purpose of constructing a single stall attached garage, as published in the Waterloo Courier on November 23, 2004, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 120846 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/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: Kincaid. Motion carried. 120847 - Gunderson/Schmitt that "an Ordinance vacating a portion of the 8 foot utility easement generally located along the north property line at 208 Zachary Court", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Kincaid. Motion carried. 120848 - Gunderson/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Kincaid. Motion carried. December 6, 2004 Page 4 Hearings - continued 120849 - Gunderson/Welper that "an Ordinance vacating a portion of the 8 foot utility easement generally located along the north property line at 208 Zachary Court", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Kincaid. Ordinance adopted and upon approval by Mayor assigned No. 4747. UNFINISHED BUSINESS 120850 - Greenwood/Cole that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $37,747.00 to Paul G. Christensen Construction, Inc. of Cedar Falls, Iowa in conjunction with Basement Remodel - Fire Rescue Training Center, be received, placed no file and "Resolution approving award of said contract", be adopted. Prior to a vote on the above motion, the following comments were heard. Lou Cutwright, Building Official/Maintenance Administrator, reported that the contract does contain a completion day clause, which includes a penalty of $250 per day if work is not completed on time. Mayor Hurley reported the bid documents were mailed to twenty vendors, with four vendors present at the mandatory pre-bid meeting and one bid submitted. Mr. Cutwright stated that many contractors are currently busy and may have decided they did not have time for this project. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval.by Mayor assigned No. 2004-822. REPORTS 120851 - Gunderson/Schmitt that communication from Associate Planner transmitting Fiscal Years 1999-2004 CURA Report be received and placed on file. Prior to a vote on the above motion, the following comments were heard. Don Temeyer, Community Planning & Development Director, reported the CURA is a revitalization area designated for the older part of the city as part of the Urban Revitalization law passed by the State of Iowa. If property owners make improvements, they can receive tax abatements for a period of time. Property owners can choose to have the value added property tax rebated at 100 percent for three years or for 10 years at a scheduled rate. Mr. Temeyer stated the CURA was established to encourage people to invest in their property. Mayor Hurley reported that total costs of improvements for Fiscal Year 2004 totaled $5,792,611 for individuals taking advantage of the CURA tax incentives, which more than doubled the previous year. Mr. Temeyer reported the property owners receive the tax abatement, which includes commercial and rental property owners. Councilperson Welper noted that the Habitat for Humanity was granted several tax abatements. Mr. Temeyer stated that Habitat for Humanity can file for the tax abatement for property located in the CURA, and it will carry through the purchaser of the property. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Kincaid. Motion carried. • 1 December 6, 2004 DOCUMENTS 120852 - Cole/Schmitt • • Page 5 that communication from Mayor Hurley transmitting agreement with Iowa Northland Regional Council of Governments (INRCOG) to assist with the recruitment and selection process for a Human Resource Director, at a cost not to exceed $1,500.00, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Kincaid Resolution adopted and upon approval by Mayor assigned No. 2004-823. 120853 - Cole/Schmitt that communication from Associate Planner transmitting request of Larry and Eileen Howard for tax exemptions on improvements totaling $8,012.75 for property located at 809 W. Parker Street 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 authorized to forward same to Black Hawk County Assessor. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2004-824. 120854 - Cole/Schmitt that communication from Police Chief transmitting one-year agreement with Waterloo Community School District to provide $140,000.00 for assignment of six Police Officers within the district, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2004-825. 120855 - Cole/Schmitt that communication from City Engineer transmitting an agreement with Claassen Engineering and Surveying, Inc. to study Prescotts Creek Area for possible alternatives for sanitary sewer extension, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Eric Thorson, City Engineer, reported that Claassen Engineering & Surveying, Inc. will look at alternatives for expanding sanitary sewer in this area. Additional development will require either lift stations or a truck sanitary sewer be constructed along the Prescotts Creek drainageway for gravity sewer. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2004-826. 120856 - Cole/Schmitt that communication from Building Official/Maintenance Administrator transmitting Contracts, Bonds and Certificates of Insurance in the amount of $37,747.00 from Paul G. Christensen Construction Company, Inc. of Cedar Falls, Iowa in conjunction with Basement Remodel - Fire Rescue Training Center, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2004-827. RESOLUTIONS TO BE ADOPTED 120857 - Greenwood/Cole that "Resolution canceling December 27, 2004 council meeting due to the Christmas Holiday", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2004-828. December 6, 2004 Page 6 Resolutions to be Adopted - continued 120858 - Greenwood/Cole that "Resolution fix date of hearing as December 20, 2004 on 5:30 p.m. in City Hall Council Chambers on the proposal to reallocate $15,770.20 of unspent General Obligation Bonds, Series 2001A and reallocate $31,678.36 of unspent General Obligation Bonds, Series 2003A for the purpose of demolition of dilapidated structures", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2004-829. ADJOURNMENT 120859 - Councilperson Greenwood reported that he had a telephone call from a gentleman who read in the paper about the city wanting to tear down the Clow & Company building located on 4th street and asked why we would use city funds to tear down privately owned property. Don Temeyer, Community Planning & Development Director, responded that the Clow & Company property is not city property, but it is dilapidated and needs to be torn down. The city can demolish the property and assess the demolition cost to the property. Mr. Temeyer stated the back of the property is open which could attract children or could hurt safety personnel responding to a call at the property. Welper/Gunderson that the above oral comments be received and placed on file and Council adjourn at 6:10 p.m. Ayes: Six. Absent: Kincaid. Motion carried. NahcyJkert, CMC City Clerk • •