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HomeMy WebLinkAboutMinutes-07/11/2005• July 11, 2005 The Council of the City of Waterloo, Iowa, met in Regular Session =t City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, July 11, 2005 Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Clark, Schmitt Gunderson, Welper. Absent: Greenwood. Moment of Silence. Pledge of Allegiance: Councilperson Carolyn Cole. 121914 - Welper/Kincaid that the Agenda, as amended, for the Regular Session on Mo day, July 11, 2005, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 121915 - Welper/Kincaid 121916 that the Minutes, as proposed, for the Regular at 5:30 p.m., be accepted and approved. Ayes: Motion carried. Session on T esday, July 5, 2005, Six. Absent: Greenwood. CONSENT AGENDA - Welper/Kincaid that the following items on the consent approved: a. Resolutions to approve the following: agenda be received, placed on 1. Resolution approving Schedule AP640, pp. 1-56, dated amount of $1,814,195.40, a copy of which is on file office, together with recommendation of approval of th file and my 11, 2005, in the in the City Clerk's Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2005-594. 2. Communication from City Engineer transmitting reque=t of Donald Beenken for a waiver for a concrete driveway to be located . t 1005 Short Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2005-595. 3. Communication from City Engineer transmitting requesu of James M. Dirkes for a waiver for a concrete driveway to be located - t 201 Lamont Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2005-596. 4. Communication from City Engineer transmitting requesu of Steven J. Vogel for a waiver for a concrete driveway to be located - t 1022 Short Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2005-597. 5. Communication from City Engineer transmitting request of John Deery Sr. for a waiver for an asphalt driveway to be located =t 1346 West Airline Highway, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2005-598. b. Motion -to approve the following: 1. Communication from Leisure Services of appointment of Lucas Even to effective July 12, 2005. 2. Communication from Leisure Services of appointment of Lawrence Harms to Forestry, effective July 12, 2005. Director transm the position o Director transm the position of 3. Rich Carter, Police Lieutenant; and Robert Hewitt, attend Practical Homicide Investigation Seminar in July 10-13, 2005, with costs not to exceed $1,477. city vehicle. tting recommendation Forestry Foreman, tting recommendation Park Maintenance II, Police Sergeant; to Lawrence, Kansas on 9, including use of July 11, 2005 Consent Agenda continued 4. Willie Keller, Jeffrey Harrington, Jody Stratton and Robert Greenlee, School Resource Officers, to attend School Resource Officer Leadership School in Appleton, Wisconsin on July 17-21, 2005, with costs not to exceed $675.00, including use of city vehicle. Page 2 5. Four Human Rights Commission members to attend RECCR Summer 2005 Training Conference in Kansas City, Missouri on July 13-15, 2005, with costs not to exceed $2,221.50. c. Beer/Liquor License Permit Application Neighborhood Corner Spot, 735 Logan Avenue (Includes Sunday Sales) Karma Bar, 309 West 4th Street (Renewal) (Expires Sales) Vic's Lounge, 1106 LaPorte Road (Renewal) (Expires 7/16/06) Randy's Tap, 307 West 4th Street (Renewal) (Expires 7/24/06) Sales) (Renewal) (Expires 7/8/06) 7/8/06) (Includes Sunday d. Liquor License Permit Application Class E Kwik Stop, 1761 Independence Avenue (Renewal) (Expires Sunday Sales) e. Wine License Permit Application Class B Kwik Stop, 1761 Independence Avenue (Renewal) (Expires Sunday Sales) (Includes Sunday 7/6/06) (Includes 7/6/06) (Includes f. Beer License Permit Application Class C Kwik Stop, 1761 Independence Avenue (Renewal) (Expires 7/6/06) (Includes Sunday Sales) g. Cigarette Permit Application Eight (8) h. Bonds. Ayes: Six. Absent: Greenwood. Motion carried. HEARINGS AND BIDS 121917 - Gunderson/Schmitt that proof of publication of notice of public hearing on Extending University Avenue Left Turn Lanes At Ansborough Avenue, as published in the Waterloo Courier on July 1, 2005, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 121918 - 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: Greenwood. Motion carried. 121919 - Gunderson/Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Extending University Avenue Left Turn Lanes At Ansborough Avenue", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2005-599. 121920 - Gunderson/Schmitt that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2005-600. • • r July 11, 2005 • • Hearings and Bids continued 121921 - Gunderson/Schmitt Page 3 to receive, file and instruct City Clerk to open and zea• bids and refer to Superintendent of Traffic Operations for review: Bidder Bid Bond Bid Amou Aspro, Inc. of Waterloo, IA 5% $82,646 Ayes: Six. Absent: Greenwood. Motion carried. 121922 - Welper/Cole that proof of publication of notice of public hearing on Youth Pavilion Project - Waterloo Center For The Arts, as published in the Waterloo Courier on June 22, 2005, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 121923 - This being the time and place of public hearing, the Mayocalled for written and oral objections and there were none. Welper/Kincaid that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 121924 - Welper/Cole that "Resolution confirming approval of plans, specificatio etc. in conjunction with Youth Pavilion Project - Waterloo be adopted. Ayes: Six. Absent: Greenwood. s, form of contract, enter For The Arts", Resolution adopted and upon approval by Mayor assigned No. 2005-601. 121925 - Welper/Cole that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2005-602. 121926 - Welper/Cole to receive, file and instruct City Clerk to open and re -d bids and refer to Director of Cultural & Arts Commission for review: Bidder Bid Bond Bid Amount Calendar Days Cardinal Construction 5% $4,132,000.00 Waterloo, IA Larson Construction 5% $4,437,000.00 Independence, IA Peters Construction 5% $4,342,800.00 Waterloo, IA Prairie Construction 5% $4,270,000.00 Waterloo, IA Ayes: Six. Absent: Greenwood. Motion carried. HEARINGS 121927 - Schmitt/Welper that proof of publication of notice of public hearing Elliott for a site plan amendment to the "R -3,R -P" Planned for property generally located at 3216-3222 Thistledown Dri converting current office building into a 3 -unit seni creating a one or two family residential lot on the vacan of the existing building, as published in the Waterloo Cour be received and placed on file. Ayes: Six. Absent: carried. 450 400 475 480 on request of Grace Residential District e for the purpose of r housing unit and ground to the south er on June 28, 2005, Greenwood. Motion July 11, 2005 Hearings continued 121928 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Page 4 Mike Elliott, 738 Jane Street and representing his mother Grace Elliott, stated this request is to change the usage of the existing building from office space to three senior housing units of approximately 1,500 square feet each. Mr. Elliott stated the vacant lot adjoining to the south is zoned "R -3,R -P", and they would like to restrict the use of that to one or two family units to satisfy the concerns of the neighbors. Schmitt/Cole that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission and oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 121929 - Schmitt/Cole that "Resolution approving said site plan amendment", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2005-603. 121930 Welper/Kincaid that proof of publication of notice of public hearing on request of Schenk Engineering on behalf of Tubing Fabricators of Iowa for a site plan amendment to the "R -4,R -P" Planned Residential District for property generally located east of 3203 Marigold Drive at the east end of Marigold Drive to change the use of the property from a green space/buffer area to residential use, as published in the Waterloo Courier on June 28, 2005, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 121931 - Welper/Kincaid that the request of the applicant to remove from the agenda the hearing on said site plan amendment be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 121932 - Kincaid/Clark that proof of publication of notice of public hearing on request of Powers Manufacturing Company for a development agreement to sell for $1.00 approximately 1.6 acres of property generally located at the northeast corner of Sycamore and East 11th Streets for construction of an additional 27,000 square foot industrial building near their site at 1340 Sycamore Street, with a minimum taxable value of $1,200,000.00 and tax rebatements for five years, as published in the Waterloo Courier on July 5, 2005, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 121933 - 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: Greenwood. Motion carried. 121934 - Kincaid/Cole 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. 2005-604. 121935 - Kincaid/Cole 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. 2005-605. 121936 Clark/Schmitt that proof of publication of notice of public hearing on request of James H. Slife to sell and convey for $1.00 a portion of alleys generally located between West 4th and West 5th Streets, north of Bluff Street, as published in the Waterloo Courier on June 28, 2005, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. o • ti • • July 11, 2005 • • Hearings continued 121937 - This being the time and place of public hearing, the Mayo and oral objections and there were none. Clark/Schmitt that the hearing be closed. Ayes: Six. Absent: Greenwood. 121938 - Clark/Schmitt that "Resolution approving said sale and conveyance", Attorney instructed to prepare and deliver deed accord Absent: Greenwood. Page 5 called for written Motion carried. e adopted and City ngly. Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2.05-606. UNFINISHED BUSINESS 121939 - Gunderson/Welper that communication from Airport Director transmitting recom contract in the amount of $284,912.00 to KW Electric, Inc. in conjunction with Replacement of Part 139 Airfield Sig Regional Airport, be received, placed on file and "Resoluti said contract", be adopted. Ayes: Six. Absent: Greenwood endation of award of of Cedar Falls, Iowa age at the Waterloo n approving award of Resolution adopted and upon approval by Mayor assigned No. 2005-607. DOCUMENTS 121940 - Clark/Schmitt that communication from Leisure Services Director transmit and Certificates of Insurance in the amount of $46,500.0 Metal, Inc. of Waterloo, Iowa in conjunction with 200 Renovations and Improvements Project (Metal Roofing Mate placed on file and "Resolution approving said documents", and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments Paul Huting, Leisure Services Director, reported the city Dolan Concrete to start the project this summer. The ba will be done in-house as this contact is for the metal ro Huting reported the goal is to have it opened for the Bucks Following comments a vote was taken on the above motio result. Ayes: Six. Absent: Greenwood. ing Contracts, Bonds with Hawkeye Sheet Riverfront Stadium ials), be received, be adopted and Mayor ere heard. has a contract with ance of the project fing materials. Mr. 006 Season. with the following Resolution adopted and upon approval by Mayor assigned No. 2005-608. 121941 - Clark/Schmitt that communication from Building Official/Maintenance Admin Contracts, Bonds and Certificates of Insurance from Marsden Co., Inc. of Des Moines, Iowa in conjunction with Cleani Hall, Carnegie Annex, Police Training Center and Waterloo placed on file and "Resolution approving said documents", and City Clerk authorized to execute same. Ayes: Six. Abs strator transmitting Building Maintenance g Contract for City irport, be received, be adopted and Mayor nt: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2005-609. 121942 - Clark/Schmitt that communication from Airport Director transmitting Department of Transportation Federal Aviation Administrat' $285,000.00 to be used for the airfield signage project at be received, placed on file and "Resolution approving adopted and Mayor authorized to execute same. Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2 121943 - Cole/Schmitt that communication from Airport Director transmitting Certificates of Insurance in the amount of $284,912.00 with Cedar Falls, Iowa in conjunction with Replacement of Part at the Waterloo Regional Airport, be received, placed on approving said documents", be adopted and Mayor and City execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2 greement with U.S. on in the amount of he Waterloo Airport, said agreement", be •sent: Greenwood. 005-610. ontracts, Bonds and KW Electric, Inc. of 139 Airfield Signage file and "Resolution Clerk authorized to 05-611. July 11, 2005 Documents continued 121944 - Cole/Schmitt Page 6 that communication from Leisure Services Director transmitting Memorandum of Understanding with INRCOG at a cost not to exceed $3,000.00 to write an application for REAP funding for the Riverview Recreation Area Passive Recreation Unit Project, be received, placed on file and "Resolution approving said memorandum of understanding", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2005-612. 121945 - Cole/Schmitt that communication from General Manager of Water Works transmitting Release of Real Estate Mortgage with Norris and Camelia Annis, 8441 Kimball Avenue, for payment of Promissory Note and Mortgage in conjunction with Kimball South Rural Water Main Project, be received, placed on file and "Resolution approving said release of real estate mortgage", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2005-613. 121946 - Schmitt/Welper that communication from Police Chief transmitting agreement with Governors Office of Drug Control Policy for FFY 05 Byrne -Justice Assistance grant in the amount of $274,244.00, with a required local match of $82,273.00, for funding the Tri -County Drug Enforcement Task Force, 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. 2005-614. 121947 - Schmitt/Welper that communication from Director of Cultural & Arts Commission transmitting grant from the Institute of Museum and Library Service in the amount of $133,920.00, with required local match of $716,080.00, to be used to support exhibitions for the Youth Pavilion's Experiential Gallery, be received, placed on file and "Resolution accepting said grant", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2005-615. 121948 - Schmitt/Welper that communication from Associate Engineer transmitting Change Order No. 11 for a net increase in the amount of $41,275.00 for work to be performed by Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with 18th Street Bridge and Approach Roadway, Contract No. 622, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Motion carried. RESOLUTIONS TO BE ADOPTED 121949 - Cole/Gunderson that communication from City Planner transmitting request to dedicate property generally located at the northeast corner of East 11th Street and Sycamore Street for right-of-way purposes, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2005-616. 121950 - Cole/Gunderson that communication from City Planner transmitting request to dedicate property generally located at the northwest corner of West 4th Street and Ansborough Avenue for right-of-way purposes, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2005-617. • • • July 11, 2005 • • Resolutions to be Adopted continued 121951 - Cole/Gunderson that "Resolution accepting from Black Hawk County property the northeast corner of East 7th and Sycamore Streets", be Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2 121952 - Cole/Gunderson that communication from City Planner transmitting request to sell and convey for $70,000.00 a portion of the generally located on East 6th Street between Lafayette and received, placed on file and "Resolution setting date of 2005, at 5:30 p.m. in the City Hall Council Chambers on request", be adopted and City Clerk instructed to publish n Six. Absent: Greenwood. Page 7 generally located at dopted. Ayes: Six. 05-618. •f Black Hawk County xisting parking lot Sycamore Streets, be hearing as July 18, the above described •tice of same. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2005-619. 121953 - Cole/Gunderson that communication from City Planner transmitting develo Cedar Valley Restoration & Development to sell and conve generally located at the northeast corner of East 7th and Sy for new housing in the Cedar River Neighborhood, be receive "Resolution setting date of hearing as July 18, 2005, at Hall Council Chambers on the above described development a and City Clerk instructed to publish notice of same. A Greenwood. ment agreement with for $1.00 property amore Streets to use , placed on file and :30 p.m. in the City reement", be adopted es: Six. Absent: Resolution adopted and upon approval by Mayor assigned No. 2005-620. ORDINANCES TO BE ADOPTED 121954 - Gunderson/Welper that "an Ordinance amending the Burton Avenue and Newton Street Control Devices (removal of the Street)", be received, placed on Ayes: Six. Absent: Greenwood. 121955 - Gunderson/Schmitt 2003 Traffic Code by repe of Section 540, Obedience pedestrian signals on Bur file, considered and passe Motion carried. that rules requiring ordinances to be considered and vote prior meetings be suspended. Ayes: Six. Absent: Greenwo 121956 - Gunderson/Welper that "an Ordinance amending the 2003 Traffic Code by repe Burton Avenue and Newton Street of Section 540, Obedience Control Devices (removal of the pedestrian signals on Bur Street)", be considered and passed for the second and thi Ayes: Six. Absent: Greenwood. ling Subsection (38) to Official Traffic - on Avenue at Newton • for the first time. for passage at two d. Motion carried. ling Subsection (38) to Official Traffic - on Avenue at Newton d times and adopted. Ordinance adopted and upon approval by Mayor assigned No. 4 76. NEW BUSINESS 121957 - Schmitt/Cole that communication from Superintendent of Traffic Ope'ations transmitting request to install 25 mph speed humps in the 900 block o: Campbell Avenue, in the vicinity of 233 West Orange Road and in the vicinit of 156 West Orange Road, be received, placed on file and "Resolution approvi g said speed humps", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2005-621. 4 July 11, 2005 New Business continued 121958 - Schmitt/Cole Page 8 that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $618.64 for work performed by the Water Works at 801 South View Drive, together with recommendation of approval of the Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2005-622. 121959 - Schmitt/Cole that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $698.34 for work performed by the Water Works at 1026 Creston Avenue, together with recommendation of approval of the Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2005-623. ADJOURNMENT 121960 - Welper/Gunderson that the Council adjourn at 6:04 p.m. Ayes: Six. Absent: Greenwood. Motion carried. Nancy EcKert, CMC City Clerk ��t •