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HomeMy WebLinkAboutMinutes-12/19/2005• December 19, 2005 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 19, 2005. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Schmitt, Gunderson, Welper. Absent: Clark. Moment of Silence. Pledge of Allegiance: Cammie Scully, Director of Cultural & Arts Commission. 122754 Welper/Kincaid that the Agenda, as amended to add 22a, for the Regular Session on Monday, December 19, 2005, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Clark. Motion carried. 122755 - Welper/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, December 12, 2005, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Clark. Motion carried. Mayor Hurley read a proclamation asking all citizens to remember John Kay III's family and friends. CONSENT AGENDA 122756 - Welper/Kincaid 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. 1-115, dated December 19, 2005, in the amount of $2,182,096.41, 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. 2005-1119. b. Motion -to approve the following: 1. Tom Klein, Golf Maintenance III, to attend Iowa Turfgrass Conference in Des Moines, Iowa on January 30 - February 1, 2006, with costs not to exceed $140.00. 2. Adam Galbraith, Police Officer, to travel to Rochester, Minnesota on December 15, 2005, with costs not to exceed $107.00. 3. Pat Treloar, Fire Engineer, to attend Fire Service Communication Class in Emmetsburg, Maryland on January 8-21, 2006, with costs not to exceed $223.30, including use of city vehicle. 4. Communication from Mayor Hurley transmitting recommendation of appointment of the following to the Board of Trustees of the Municipal Telecommunications Utility: Doris Kelly with term expiration date of January 1, 2012; Jim Waterbury with term expiration date of January 1, 2011; Scott Crowley with term expiration date of January 1, 2010; Randy Pilkington with term expiration date of January 1, 2009; Bob Heaton with term expiration date of January 1, 2008. c. Beer/Liquor License Permit Application Class C Diamond Bar, 313 West 5th Street (Renewal) (Expires 12/30/06) (Includes Sunday Sales) d. Liquor License Permit Application Class A El Mecca Shrine Club, transfer from 716 Commercial Street to 325 E. Park Avenue effective January 2, 2006 e. Beer License Permit Application Class B National Dairy Cattle Congress, 250 Ansborough Avenue (Renewal) (Expires 12/23/06) (Includes Sunday Sales) Ayes: Six. Absent: Clark. Motion carried. December 19, 2005 HEARINGS & BIDS 122757 - Gunderson/Schmitt Page 2 that proof of publication of notice of public hearing on Purchase of Street Light Poles, TRF -126-06, as published in the Waterloo Courier on November 30, 2005, be received and placed on file. Ayes: Six. Absent: Clark. Motion carried. 122758 - 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: Clark. Motion carried. 122759 - Gunderson/Schmitt that "Resolution confirming approval of specifications, form of contract, etc.. in conjunction with the Purchase of Street Light Poles, TRF -126-06", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2005-1120 122760 Gunderson/Schmitt that "Resolution authorizing to proceed in conjunction with above purchase", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2005-1121 122761 - Gunderson/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Traffic Operations for review: Bidder Bid Bond Bid Amount Crescent Electric Supply Co., Waterloo, Iowa 5% $32,800.00 Terry-Durnin Company, Cedar Rapids, Iowa 5% $33,000.00 Ayes: Six. Absent: Clark. Motion carried. HEARINGS 122762 - Kincaid/Welper that proof of publication of notice of public hearing to rezone from "A-1" Agricultural District to "M -2,P" Planned Industrial District approximately 70 acres of land generally located at 2375 Independence Avenue for the purpose of future expansion of the Northeast Industrial Park and rescind Ordinance No. 4784, as published in the Waterloo Courier on December 9, 2005, be received and placed on file. Ayes: Six. Absent: Clark. Motion carried. 122763 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed. Ayes: Six. Absent: Clark. Motion carried. 122764 - Kincaid/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 376 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Clark. Motion carried. 122765 Kincaid/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Clark. Motion carried. • • December 19, 2005 • • Hearings continued 122766 - Kincaid/Cole Page 3 that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 376 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Clark. Ordinance adopted and upon approval by Mayor assigned No. 4797. 122767 - Schmitt/Kincaid that proof of publication of notice of public hearing on request of Cedar Valley Restoration & Development on the Addendum to Development Agreement to construct new homes and a mixed use building within the block bounded by Lafayette Street, Sycamore Street, East 7th Street and East 8th Street to allow for more time for development and convey additional parcel, as published in the Waterloo Courier on December 9, 2005, be received and placed on file. Ayes: Six. Absent: Clark. Motion carried. 122768 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Kincaid that the hearing be closed. Ayes: Six. Absent: Clark. Motion carried. 122769 - Schmitt/Cole that "Resolution approving said addendum", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2005-1122. 122770 - Schmitt/Cole that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2005-1123. 122771 - Kincaid/Welper that proof of publication of notice of public hearing on request of Black Hawk County to sell and convey a portion of the existing parking lot bounded by East 6th Street, Lafayette Street and Sycamore Street for $70,000.00 and rescind Resolution No. 2005-630, as published in the Waterloo Courier on December 9, 2005, be received and placed on file. Ayes: Six. Absent: Clark. Motion carried. 122772 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed. Ayes: Six. Absent: Clark. Motion carried. 122773 - Kincaid/Cole that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2005-1124. 122774 - Schmitt/Welper that proof of publication of notice of public hearing on acquisition by donation from Atlas Wauhouse L.C. of the former Chamberlain site generally located at 550 Esther Street, as published in the Waterloo Courier on December 9, 2005, be received and placed on file. Ayes: Six. Absent: Clark. Motion carried. December 19, 2005 Hearings continued 122775 This being the time and place of public hearing, the Mayor called for written and oral objections. Page 4 Matt Boyd, 1422 Vine Street and Chair of the Waterloo Neighborhood Coalition, submitted a letter of support from the organization, which was voted on unanimously by the Coalition members. The Neighborhood Coalition feels the surrounding neighborhoods face enough challenges, and that purchase and future demolition of this property will be a great thing. Schmitt/Welper that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Clark. Motion carried. 122776 Schmitt/Kincaid that "Resolution approving Real Estate Conveyance Agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2005-1125. UNFINISHED BUSINESS 122777 - Gunderson/Schmitt that communication from Airport Director transmitting recommendation of award in the amount of $24,513.32 to Bob Brown Chevrolet of Des Moines, Iowa (state bid) in conjunction with Purchase of Large Crew Cab Pick Up Truck With 4 Wheel Drive for Waterloo Airport, be received, placed on file and "Resolution approving said award", be adopted. Prior to a vote on the above motion, the following comments were heard. Brad Hagen, Airport Director, reported they went to the state bid and found the lowest priced vehicle that met their specifications, which was a Chevrolet Silverado. Once they found it was a Chevrolet Silverado, they contacted Rydell Chevrolet and Community Motors to give them a change to match the state bid. Both local dealers were not able to match the price. The dealers submitted a price but did not formally put forth a bid because they could not get as much bid assistance from GM as the state. Mr. Hagen stated there was just under $3,000.00 difference. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2005-1126. 122778 - Gunderson/Schmitt that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $56,202.00 to Techline Office Systems of Waterloo, Iowa in conjunction with Five Sullivan Brothers Convention Center Chair Replacement, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2005-1127. REPORTS 122779 - Kincaid/Gunderson that communication from City Clerk transmitting Abstract of Votes for December 6, 2005 Runoff Election, be received and placed on file. Ayes: Six. Absent: Clark. Motion carried. DOCUMENTS 122780 - Greenwood/Schmitt that communication from Contracts and Grants Coordinator transmitting Change Order for a net increase in the amount of $918.00 for work performed by Affordable Hazards Removal, Inc. in conjunction with Asbestos Removal Contract, 139 -D -G0-08-19-05, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Clark. Motion carried. • December 19, 2005 • • Documents continued 122781 Greenwood/Schmitt Page 5 that communication from Associate Engineer transmitting Change Order No. 4 for a net decrease of $8,599.45 for work performed by B&B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2005 Sidewalk Repair Program - Zone 5 and Trail Repairs, Contract No. 689, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Clark. Motion carried. 122782 Greenwood/Schmitt that communication from Building Official/Maintenance Administrator transmitting Change Order No. 1 for a net increase in the amount of $21,059.00 for extra equipment for the building and a change to the roof system in conjunction with Live Fire Training Building for Fire Rescue, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Clark. Motion carried. 122783 - Cole/Schmitt that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by B&B Builders and Supply of Waterloo, Iowa at a total cost of $76,943.97 in conjunction with F.Y. 2005 Sidewalk Repair Program - Zone 5, Contract No. 689, be received, placed on file and "Resolution approving said documents", be adopted and two year Maintenance Bond be received and placed of file. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2005-1128. 122784 - Cole/Schmitt that communication from Building Official/Maintenance Administrator transmitting Contract in the amount of $56,202.00 with Techline Office Systems of Waterloo, Iowa in conjunction with Five Sullivan Brothers Convention Center Chair Replacement, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2005-1129. 122785 - Cole/Schmitt that communication from Superintendent of Traffic Operations transmitting Completion of Project and Acceptance of Work performed by Aspro, Inc. of Waterloo, Iowa at a total cost of $85,893.72 in conjunction with Extending Left Turn Bays on University Avenue at Ansborough Avenue, TRAF-110-05, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2005-1130. 122786 - Cole/Schmitt that communication from Director of Cultural & Arts Commission transmitting invoice for InterActive Group to continue design services for exhibits for Junior Art Galleries 1 and 2 in the Youth Pavilion a cost of $25,000.00, be received, placed on file and "Resolution approving said invoice", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2005-1131. 122787 - Kincaid/Welper that communication from Fire Chief transmitting application for Homeland Security Commercial Equipment Direct Assistance Program - Phase II grant to purchase an ICRI-Incident Commander's Radio Interface for a total cost of $15,000.00, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2005-1132. 122788 - Kincaid/Welper that communication from Fire Chief transmitting three-year agreement with Rydell Chevrolet to lease a pickup at a cost of $343.43 per month for the Fire PALS Program, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2005-1133. December 19, 2005 Documents continued Page 6 122789 - Kincaid/Welper that communication from City Planner transmitting Amendment to Offer to Buy Real Estate with R & N Investment Properties LC (Chemlawn) to extend closing date from December 1, 2005 to March 1, 2006, be received, placed on file and "Resolution approving said amendment", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2005-1134. 122790 - Welper/Kincaid that communication from Community Planning and Development Director transmitting Scope of Services and Purchase Order in the amount of $30,000.00 with Howard R. Green Company of Cedar Rapids, Iowa to continue environmental assessment at the former Chamberlain Manufacturing site, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2005-1135. 122791 - Welper/Kincaid that communication from Community Development Director transmitting application with U.S. Department of Housing and Urban Development for FY06 Economic Development Initiative Special Purpose Grant funds in the amount of $198,400.00, with no required local match, to be used for acquisition and demolition in the Rath Brownfields Area and rescind Resolution No. 2005-1044, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2005-1136. 122792 - Welper/Kincaid that communication from Assistant City Engineer transmitting One-year extension of coverage under NPDES General Permit No. 2 from the Iowa Department of Natural Resources in conjunction with F.Y. 2005 Garden Avenue Area Relief Sanitary Sewer, Contract No. 684, be received, placed on file and "Resolution approving said extension", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2005-1137. 122793 - Welper/Kincaid that "Resolution approving Assignment of Option to assign the city's fiber optic cable lease option with McLeod USA Network Services, Inc. to the Board of Trustees of the Municipal Telecommunications Utility", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Jim Walsh, City Attorney, stated this is a request to assign an option the city has had to activate some fiber optic strains that are in a cable that McLeod installed in the city's right of way back in 1997. The city has never done anything with those two fibers, they have sat inactive since then because the city has never had a communications utility or anyone who knew what to do with them. The fibers are still available, and there is some thought the new Communications Utility Board might have some way to put those to use, and given that the board is going to meet tomorrow, it was thought that an assignment by the city to them which was short termed enough so that they can look at it, then the city can reassess the situation. The assignment allows the city another look at it in 180 days, and if there is revenue that comes from it, Mr. Walsh expects the council will want to get back with the board and see if there is some fair split that could be arranged. Mr. Walsh stated we don't know right now if any revenue can be derived from that capacity. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Clark. Resolut,on adopted and upon approval by Mayor assigned No. 2005-1138. • • December 19, 2005 • • RESOLUTIONS TO BE ADOPTED 122794 - Gunderson/Welper Page 7 that communication from Leisure Services Director transmitting request to approve fee of $320.00 per team for a new indoor hitting league for baseball and softball to be held at the A & C Sports Facility, be received, placed on file and "Resolution approving said fee", be adopted. Prior to a vote on the above motion, the following comments were heard. Paul Huting, Leisure Services Director, reported this is a new program to be held at the A & C Sports Facility, Leisure Services is guesstimating there will be 20 teams. Teams score points with their indoor hitting. The program will be held from January 16, 2006 through March 12, 2006. Anyone interested in starting a team should contact the Leisure Services Department at 291-4370. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2005-1139. 122795 - Gunderson/Welper that communication from Mayor Hurley transmitting recommendation that the practice of treating annual payouts for unscheduled leave, sick and casual time as earnable compensation for the Municipal Fire and Police Retirement System of Iowa will only be allowed for public safety employees hired before January 1, 2006, be received, placed on file and "Resolution approving said recommendation", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2005-1140. NEW BUSINESS 122796 - Schmitt/Welper that communication from City Planner transmitting request of James Rooff to purchase for $500.00 city -owned property (house only) generally located at 4330 Ansborough Avenue, be received, placed on file and "Resolution setting date of hearing as January 4, 2006 at 5:30 p.m. in the City Hall Council Chambers on above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2005-1141. ORAL PRESENTATIONS 122797 - Forest Dillavou, 1725 Huntington Road, spoke about an event that happened two weeks ago about midnight. Mr. Dillavou received a telephone call from a friend who lives at 1720 Black Hawk Road. Mr. Dillavou stated his emotions that night ran from great praise to great discouragement. There was a large fire at 1720 Black Hawk Road, and he went down Black Hawk Road to attempt to get to the home. There were seven children at the home. Mr. Dillavou could not get through because a police car was there, and the firefighters were trying to open the fire hydrant. He then went down Wren Road across the dike. In crossing the dike, Mr. Dillavou saw the barn was on fire, but the other two buildings were still intact at that time. Mr. Dillavou arrived by the house to see the Fire Department had laid the lines from over the dike (which is over .2 of a mile) laying in the street and up to the house ready to be used. Mr. Dillavou stated in doing some checking he found it was 30 minutes before the fire hydrant could be turned on and the lines charged to use the hydrant. Mr. Dillavou stated he talked to one of the firefighters asked if they could get one of those tanks and drop it in the street and start dropping water in the pump since they could not get the hydrant working. Mr. Dillavou was told the city does not own a tank. Mr. Dillavou stated a tank is what he has seen in rural farm fires where they drop it in the farm yard, called tank trucks, fill it and pump out of and fight fires that way because they don't have fire hydrants in the country. Mr. Dillavou stated this property is at the end of the line and a long ways from the hydrant, as he clocked it with a speedometer and it is over .2 of a mile. Mr. Dillavou then asked why not go over the dike because there is a closer hydrant over the dike, and he was told the hoses are heavy. Mr. Dillavou and the owner of the property volunteered to assist the firefighters in doing that. Mr. Dillavou stated here they sat with what he assumes to be $1 to $2 million worth of city equipment, bought and paid for by the taxpayers, in the street ready and waiting to do their job, 30 of the best trained firefighters in the world, and yet it was 30 minutes before they could do anything significant. They did empty one or two trucks as he saw one burst of water which lasted a couple of minutes and that was off of one of the trucks. Mr. Dillavou stated he feels the city needs one of these tanks with all of the potential homes we have building around the edge of Waterloo. December 19, 2005 Oral Presentations continued The council approved building a bunch of homes on Ranchero Road, and they do not have a hydrant. Without a hydrant or a large tank and tank wagons to take water out there when one catches on fire, it would be like standing on a step ladder with a pair of water cannons because you just can't do much with a limited amount of water. Mr. Dillavou stated we have nothing but the best in Waterloo, but when the hydrant could not be opened for 30 minutes after arrival, there is something wrong with a hydrant that won't open. Mr. Dillavou stated he did some checking and initially it was thought 1/. of the hydrants are checked per year, but in talking with the General Manager of the Waterloo Water Works 44 percent of the hydrants were checked last year. Mr. Dillavou stated he feels we need some way to prevent the hydrants from ever rusting shut so they won't open. Mr. Dillavou stated he talked with the Fire Chief and talked with people, and we have the best firefighters, but there were thousands of dollars in tools and equipment lost in this fire that he feels could have been saved if we had gotten to the water in a more timely fashion. Page 8 Welper/Kincaid that the above oral comments be received and placed on file. Ayes: Six. Absent: Clark. Motion carried. OATH OF OFFICE 122798 - City Clerk administered Oath of Office to Mayor -Elect Tim Hurley. Mayor Tim Hurley administered the Council Members -Elect: Council Member at Large - Council Member, 1gt Ward Council Member, 3rd Ward Council Member, 5th Ward Bob Greenwood - Reggie Schmitt - Harold Getty - Ron Welper Oath of Office to the following Mayor Hurley stated Councilperson Clark was not able to be here this evening, and he would like to acknowledge Mr. Clark's service to Ward 3 and the City of Waterloo. Mr. Clark was the councilperson for Ward 3 for four years, he served on the Waterloo Police Department and has a long lineage of service in volunteerism to the City of Waterloo and particularly to Ward 3. Mayor Hurley stated he told Councilperson Clark that he always appreciated his counsel and appreciated the way, when he disagreed with the mayor which was not frequently but on issues which were significant to him, that he did so in a gentlemanly way, a civil way and a constructive way. Mayor Hurley stated there are very few people who are willing to run for office at the local office and even fewer yet who make it, and he congratulates Councilperson Clark for his four years of service and wishes him the best. ADJOURNMENT 122799 - Welper/Greenwood that the Council adjourn at 6:24 carried. p.m. Ayes: Six. Absent: Clark. Motion `7\e" -- Nancy Eckert, CMC City Clerk • •