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HomeMy WebLinkAboutMinutes-11/15/2004• November 15, 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, November 15, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Sandie Greco, Superintendent of Traffic Operations. 120778 - Welper/Kincaid that the Agenda, as proposed, for the Regular Session on Monday, November 15, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 120779 - Welper/Kincaid that the Minutes, as proposed, for 'the Regular Session on Monday, November 8, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation declaring November 14-20, 2004 as American Education Week. Mayor Hurley read a Proclamation declaring November 20, 2004 as National Adoption Day. Presentation by Waterloo Exchange Club to the Police Honor Guard in the amount of $2,000.00 and Fire Rescue Honor Guard in the amount of $2,000.00. Presentation by representatives of the African-American Museum. CONSENT AGENDA 120780 - Welper/Kincaid that the following items on the consent agenda be received, placed on file and approved: a. Resolution to approve the following: 1. Resolution approving Schedule AP640, dated November 15, 2004, in the amount of $1,592,236.84, pp. 1-84, 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. 2004-785. 2. Resolution -to approve communication from City Engineer transmitting request of Duane Feldmann for a waiver for a concrete driveway to be located at 4909 William Drive, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2004-786. b. Motion to approve the following: 1. Communication from Leisure Services Director transmitting recommendation of appointment of Brad Vander Werff to the position of Golf Maintenance II, effective November 16, 2004. 2. Kent Shankle, Curator, to pick up artwork in Bethlehem, Pennsylvania on November 22-24, 2004, with costs not to exceed $700.00, including use of city vehicle. 3. Jimmie Schmidt and Aaron McClelland, Police Officers, to attend Armorer School in Cedar Rapids, Iowa on December 14-16, 2004, with costs not to exceed $1,152.88, including use of city vehicle. c. Beer License Permit Application Class C Europa Market, 301 West 5th Street (Renewal) (Expires 11/11/05) (Includes Sunday Sales) Crossroad BP, 2035 Mitchell Avenue (Renewal) (Expires 12/17/05) (Includes Sunday Sales) Casey's General Store, 3035 Logan Avenue (Renewal) (Expires 12/31/05) (Includes Sunday Sale) November 15, 2004 Consent Agenda - continued d. Beer/Liquor License Permit Application Class C Barney's, 501 West 4th Street (Renewal) (Expires 11/13/05) e. Second Hands Goods Dealer License Application Game Brands, Inc. dba Rhino Video Games, 3556 Kimball Avenue Ayes: Seven. Motion carried. HEARINGS 120781 - Greenwood/Cole Page 2 that proof of publication of notice of public hearing on Rehabilitation/Refurbishment of Two Belt Filter Press Biosolids Dewatering Units at Easton Avenue Wastewater Treatment Facility, as published in the Waterloo Courier on November 8, 2004 be received and placed on file. Ayes: Seven. Motion carried. 120782 - 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. Ayes: Seven. Motion carried. 120783 - Greenwood/Welper that "Resolution approving proposal in the amount of $125,000.00 from Ashbrook Inc. of Houston, Texas in conjunction with said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-787. UNFINISHED BUSINESS 120784 - Councilperson Gunderson reported that the following bids were received: Altorfer, Inc. of Cedar Falls, Iowa in the amount of $77,282.00; Murphy Tractor of Waterloo, Iowa in the amount of $78,600.00; and Martin Equipment of Rock Island, Illinois in the amount of $86,000.00 Gunderson/Welper that the above bids be received, placed on file and "Resolution approving award of contract to Altorfer, Inc. of Cedar Falls, Iowa in the amount of $77,282.00 in conjunction with the Purchase of End Loader for the Street Department", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Schmitt stated that he doesn't think Murphy Tractor's bid meets the minimum specifications for the hydraulics, and that is the most important part of an end loader. Councilperson Kincaid stated he thought when he first came on the council we became a John Deere community and would purchase John Deere equipment because they are located here. Councilperson Kincaid stated he would like to see the city purchase from John Deere and see his brothers and sisters work. Mayor Hurley noted that the John Deere end loader is not built in Waterloo. Councilperson Clark stated that because the Department Head went out for bid, we will never go wrong as long as the bidders meet the specifications. Denny Bell, Superintendent of Central Garage, says the low bidder meets the specifications. Councilperson Clark stated if we go with the low bidder, we can't go wrong or otherwise we would be second guessing all bids. Councilperson Clark stated he feels the city should go with the low bidder. Councilperson Gunderson stated that if you go through the specifications both bidders have good equipment, are well known and respected. Councilperson Gunderson stated that in some areas the John Deere equipment does not meet specifications. Councilperson Gunderson stated he will go with the Caterpillar • November 15, 2004 • • Unfinished Business - continued Page 3 end loader because it is the low bid. Councilperson Gunderson stated he feels obligated to go with the low bid if the bids are comparable. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Kincaid, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2004-788. PETITIONS FROM PUBLIC 120785 - Cole/Greenwood that communication from City Planner transmitting 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 addition, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as December 6, 2004 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-789. DOCUMENTS . 120786 - Cole/Welper that communication Iowa's Sound percent City serve south development application", from City Planner transmitting application for Revitalize Economy (RISE) funding, in the amount of $500,000.00 with 20 match, to be used for the easterly extension off Fisher Drive to Tower Park area in conjunction with CBE Group Inc. office be received, placed on file and "Resolution approving said be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Don Temeyer, Community Planning & Development Director, reported that last Tuesday, The CBE Group Inc. announced plans to expand its operation in the Tower Park Office Complex. Mr. Temeyer stated that this application is for RISE funds from the Iowa Department of Transportation in the amount of $500,000.00, with $100,000.00 required city match. The city will use GO Bonds to fund our portion. Mr. Temeyer noted that we are moving fast on the application to meet the State's December meeting. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval .by Mayor assigned No. 2004-790. 120787 - Cole/Welper that communication from City Planner transmitting Memorandum of Understanding with Iowa Northland Regional Council of Governments (INRCOG) at a maximum cost of $3,000.00 to prepare Revitalize Iowa's Sound Economy (RISE) grant in conjunction with CBE Group Inc. office development, be received, placed on file and "Resolution approving said memorandum of understanding", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-791. 120788 - Cole/Welper that communication from City Planner transmitting Deeds Minor Plat, together with staff report, Report of City Engineer, and Certificate of Survey, be received, placed on file and "Resolution approving said minor plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-792. November 15, 2004 Documents - continued 120789 - Cole/Welper Page 4 that communication from Leisure Services Director transmitting application with Major League Baseball and Major League Baseball Players Association for a Baseball Tomorrow Fund Grant in the amount of $25,000.00, with no required match, to be used for improvements at Tibbitts Baseball Complex including replacement of fencing, building bullpens and dugouts and creating seating areas behind home plate, be received, placed on file and "Resolution approving said application", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-793. 120790 - Cole/Welper that communication from Police Chief transmitting agreement with State of Iowa, Department of Human Services for a grant in the amount of $1,000.00 to be used for overtime costs for enforcement of underage drinking laws, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-794. 120791 - Clark/Gunderson that communication from City Planner transmitting Housing Enterprise Zone Program Agreement with Iowa Department of Economic Development for NCN LLC redevelopment of the former Winterbottom building for housing, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Don Temeyer, Community Planning and Development Director, stated that the Enterprise Zone was recommended by the council and approved by the State of Iowa for tax credits for developers in older parts of the community. Mr. Temeyer stated that the three applications were approved by the Enterprise Zone Committee. The state awards 10 percent tax credits to the applicants who sell the tax credits to banks who have Iowa Corporate tax. The banks get a return on their investment. Mr. Temeyer stated the tax credits were invented by the State of Iowa to encourage development in older neighborhoods. Mr. Temeyer stated the tax credits help lower the cost of the projects. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-795. 120792 - Clark/Gunderson that communication from City Planner transmitting Housing Enterprise Zone Program Agreement with Iowa Department of Economic Development for Roosevelt Housing Partners LP redevelopment of the former Roosevelt School building for senior housing, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-796. 120793 - Clark/Gunderson that communication from City Planner transmitting Housing Enterprise Zone Program Agreement with Iowa Department of Economic Development for Cedar Valley Restoration & Development construction of new homes in the Rath Neighborhood area, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-797. • • November 15, 2004 • • Documents - continued 120794 - Clark/Gunderson Page 5 that communication from Building Official/Maintenance Administrator transmitting Change Order No. 1 for a net increase in the amount of $40,590.00 for work to be performed by McGill Restoration of Omaha, Nebraska in conjunction with East and West 5th Street Parking Ramps Repair, 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. Louis Cutwright, Building Official/Maintenance Administrator, reported the project was bid on a constant, the membrane. The bid also included alternate bids for the variables because of the amount of concrete on the decks that delaminated from the structure. Each bidder included a square foot cost for that part of the project. McGill Restoration was the low bidder and found out what concrete was delaminated and used their square foot amount from their alternate bid. Mr. Cutwright noted that GO bond funds will be used for this project. In answer to a question from Councilperson Greenwood, Nancy Eckert, City Clerk, reported that the city bonded for improvements made to the ramps a few years ago and there is outstanding debt. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. ORDINANCES TO BE ADOPTED 120795 - Welper/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 370 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the third time and adopted. (See CR 120724) for hearing on request of Willow Springs Estates, LP to rezone from "R-2" One and Two Family Residential District to "R -3,R -P" Planned Multifamily Residential District property generally located at the northwest corner of Willow Street and Idaho Street for the purpose of constructing a 60 -unit affordable family housing development.) Prior to a vote on the above motion, the following comments were heard. Bonnie Leitz, 331 Independence Avenue, stated there is a problem sometimes with low-income housing and out-of-town management. A representative from Willow Springs reported there is an on-site manager for maintenance and administration on call 24 hours per day. Councilperson Clark reiterated that he does not hold anything against Willow Springs Estates, but he is opposed to this project in this neighborhood. Councilperson Clark stated he would like to see homes in that area rather than low-income housing. Councilperson Clark stated he is concerned in a few years we will say we wished we hadn't done.this. Councilperson Greenwood stated his concern is it will concentrate too much low- income housing in a small area. Councilperson Greenwood stated he thinks the city needs to draw up a development of what we would like in this area similar to the plan for the property between 11th Street and 6th Street rather than hodgepodge development. Mayor Hurley stated he received a phone call from a citizen who was concerned the council was giving the project a green light, but this is just the rezoning of the property tonight. Mayor Hurley stated that neither the Highland nor Willow Springs project is guaranteed to go in that area, but both will probably develop if they get the tax credits and will probably apply for HOME funds. Mayor Hurley stated if this is approved tonight, it is just the rezoning issue, and it does not approve either housing project. Following comments a vote was taken on the above motion with the following result. Ayes: Four. Nays: Greenwood, Clark, Gunderson. Ordinance adopted and upon approval by Mayor assigned No. 4745. November 15, 2004 NEW BUSINESS 120796 - Gunderson/Greenwood Page 6 that communication from Superintendent of Traffic Operations transmitting request to install 100 -watt HPS street light and wooden pole at the intersection of Shaulis Road and West 4th Street, and 100 -watt HPS street light on existing wooden pole at the intersection of Shaulis Road and Hess Road and the intersection of Smith Street and Mohawk Street, be received, placed on file and "Resolution approving installation of said lights", be adopted and City Clerk instructed to notify MidAmerican Energy of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-798. 120797 - Schmitt/Cole to instruct Leisure Services to prepare plans, specifications, form of contract, etc. in conjunction with 2004 Tibbitts Baseball Complex Fencing Project, be received, placed on file and approved. Ayes: Seven. Motion carried. 120798 - Schmitt/Gunderson that plans, specifications, form of contract, etc. in conjunction with 2004 Tibbitts Baseball Complex Fencing Project, be received and placed on file. Ayes: Seven. Motion carried. 120799 - Schmitt/Gunderson 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 assigned No. 2004-799. 120800 - Schmitt/Cole that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as December 6, 2004 at 5:30 p.m. in the City Hall Council Chambers and taking 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 assigned No. 2004-800. 120801 - Greenwood/Schmitt to instruct Fire Chief to prepare specifications, form of contract, etc. in conjunction with Purchase of New Ambulance Box With Related Equipment, be received, placed on file and approved. Ayes: Seven. Motion carried. 120802 - Greenwood/Schmitt that specifications, form of contract, etc. in conjunction with Purchase of New Ambulance Box With Related Equipment, be received and placed on file. Ayes: Seven. Motion carried. 120803 - Greenwood/Cole that "Resolution preliminarily approving specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-801. 120804 - Greenwood/Welper that "Resolution setting date of hearing on specifications, form of contract, etc. as January 3, 2005 at 5:30 p.m. in the City Hall Council Chambers and taking 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 assigned No. 2004-802. • • November 15, 2004 ORAL PRESENTATIONS Page 7 120805 - James Robison, 1555 Newell Street, stated he was at last week's meeting and asked for answers to his questions. Mr. Robison distributed copies of a police report to council members. Mr. Robison stated it is possible that he missed Mayor Hurley's call, but no one got back to him. James Robison, 1555 Newell Street, stated he was at last week's meeting and asked for answers to his questions. Mr. Robison distributed copies of a police report to council members. Mr. Robison stated it is possible that he missed Mayor Hurley's call, but no one got back to him. Mayor Hurley responded he is putting, together a letter to Mr. Robison. Dale Willie, 2648 Saratoga, stated he received a letter concerning a meeting on November 10 regarding Community Development Block Grant funds and HOME funds that are available in the community. Mr. Willie asked if the funds could they be used for eyesores. Rudy Jones, Community Development Director, stated they invite the community and Neighborhood Associations to explain in detail eligible items. Mr. Jones stated that demolition is eligible and encouraged neighborhoods to contact his office. Mr. Jones stated that some funds are available to be used citywide in cases of blight. Mayor Hurley stated that a lot of the funds are used for demolition and restoration in the Rath Brownfields because of strings attached to the funds. Ryan Madison, 3303 Parkridge asked what area is in the Brownfields. Don Temeyer, Community Planning and Development Director, stated the Rath Brownfields area is from Linden Avenue to Lafayette to Nevada to the Cedar River to the railroad tracks to Linden Avenue. Mr. Temeyer stated any old industrial sites contaminated or perceived as contaminated are included in the Brownfields area. Mr. Temeyer stated the Greenfield is any new industrial sites such as the Northeast Industrial site or the Airport Industrial site. Mr. Temeyer stated the Cedar River is perceived to be Brownfield, but that doesn't mean it is contaminated. Mr. Temeyer stated that anyone with a building in the Brownfields will want to check ground water in the area. Welper/Gunderson that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 120806 - Gunderson/Welper that the Council adjourn at 6:26 p.m. Ayes: Seven. Motion carried. qe.kaA Na cy Eckert, CMC City Clerk