Loading...
HomeMy WebLinkAboutMinutes-06/27/2005• • June 27, 2005 The Council of the City of Waterloo, Iowa, met in Regular Session Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, June 27, 200 Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark Welper. Moment of Silence. Pledge of Allegiance: Tim Shea, Superintendent of Waste Managemen 121878 - Welper/Kincaid at City Hall Council . Mayor Timothy J. Schmitt, Gunderson, Services. that the Agenda, as amended to add Item 16a, for the Regul-r Session on Monday, June 27, 2005, at 5:30 p.m., be accepted and approved. yes: Seven. Motion carried. 121879 - Welper/Kincaid that the Minutes, as proposed, for the Regular Session on at 5:30 p.m., be accepted and approved. Ayes: Seven. Mot Mayor Hurley administered the Oath of Office to the fol Officers: Arthur Brunson, Michael Cummings, Jim Dra Christopher Reisinger, Brian Sayer, Thomas Steils and Scott CONSENT AGENDA 121880 - Welper/Kincaid that the following items on the consent agenda be receive approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP640, pp. 1-122, dat the amount of $3,780,134.08, a copy of which is Clerk's office, together with recommendation of ap Committee. onday, June 20, 2005, on carried. owing Reserve Police de, Brian Harrison, Willms. placed on file and d June 27, 2005, in n file in the City royal of the Finance Resolution adopted and upon approval by Mayor assignee No. 2005-566. 2. Communication from City Engineer transmitting reques of Gary Sherman for a waiver for a concrete driveway to be located at 237 Carrington Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigne 41; No. 2005-567. 3. Communication from City Engineer transmitting requesof Ed McClure for a waiver for an asphalt driveway to be located at 1027 Shultz Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigne a No. 2005-568. 4. Communication from City Engineer transmitting request of Jim Voshell for a waiver for an asphalt driveway to be located at 1,13 Roosevelt Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assignee No. 2005-569. b. Motion to approve the following: 1. Steve Grimm, Ralph Baracz and David Floyd, Fire Depa tment Instructors, to teach Tech Class in Marshalltown, Iowa on June 19 - 25, 2005, with costs not to exceed $960.00. c. Beer/Liquor License Permit Application Class C Club 2000, 2000 Hawthorne (Renewal) (Expires 7/10/06) (I Light House Lounge, 1307 West 5th Street (Renewal) (Expi Park Road Inn, 306 Park Road (Renewal) (Expires 6/30 Sales) cludes Sunday Sales) es 6/28/06) 06) (Includes Sunday d. Liquor License Permit Application Class B The Times, 226 West 5th Street (Renewal) (Expires 6/30/06) Sales) (Includes Sunday June 27, 2005 Consent Agenda continued Page 2 e. Liquor License Permit Application. Class E Broadway Liquor, 821 Broadway Street (New) (Expires 7/10/06) (Includes Sunday Sales) f. Wine License Permit Application Class B Broadway Liquor, 821 Broadway Street (New) (Expires 7/10/06) (Includes Sunday Sales) g• Beer License Permit Application Class C Broadway Liquor, 821 Broadway Street (New) (Expires 7/10/06) (Includes Sunday Sales) h. Liquor License Permit Application Class A Fraternal Order of Eagles, 202 East 1st Street (Renewal) (Expires 6/30/06) (Includes Sunday Sales) i. Outdoor Service Area Application Club 2000, 2000 Hawthorne j. Fireworks Display Application Waterloo Bucks, Riverfront Stadium on July 8 and July 16 and August 13, 2005 k. Dance License Application Tequila Club, 228 East 4th Street 1. Bonds. m. Cigarette Permit Application Twenty-three (23) Ayes: Seven. Motion carried. HEARINGS AND BIDS 121881 - Gunderson/Schmitt to receive, file and instruct City Clerk to open and read bids in conjunction with Cleaning Contract for City Hall, Carnegie Annex, Police Training Center and Waterloo Airport and refer to Building Official/Maintenance Administrator for review: City Hall, Carnegie Annex and Police Training Center YEARLY BASE BID Bidder Bid Amount Marsden Building Maintenance Co. Inc. Des Moines, Iowa Diamond Shine Waterloo, Iowa Personal Touch Janitorial Waterloo, Iowa Midwest Janitorial Service & Supply Hiawatha, Iowa Bidder Waterloo Municipal Airport BASE BID Marsden Building Maintenance Co. Inc. Des Moines, Iowa Diamond Shine Waterloo, Iowa Personal Touch Janitorial Waterloo, Iowa Midwest Janitorial Service & Supply Hiawatha, Iowa Ayes: Seven. Mot4110 i carried. $46,380.00 $52,820.00 $48,288.00 $89,572.43 Hourly Monthly $12.32 $10.00 $8.00 $15.10 • $2,361.00 $2,700.00 $2,400.00 $2,717.12 June 27, 2005 Hearings and Bids continued 121882 - Gunderson/Welper to receive, file and instruct with F.Y. 2005 Winn Street Engineer for review: Bidder City Clerk to open and rea' Extension, Contract No. 69 K. Cunningham Construction Co., Inc. Cedar Falls, Iowa Dolan Excavating, LLC Manchester, Iowa Peterson Contractors, Inc. Reinbeck, Iowa Ayes: Seven. Motion carried. PETITIONS FROM PUBLIC 121883 - Welper/Cole Bid Bond 5% 5% 5% that communication from City Planner transmitting Constructions dba Three Kids & A Dog, LLC to sell and conv generally located between 1903 Lafayette Street and 1919 - to construct a one or two family home at an estimated val 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 Seven. Resolution adopted and upon approval by Mayor assigned No. DOCUMENTS 121884 - Greenwood/Welper that communication from Superintendent of Traffic Op agreement with Earth Tech Inc. of Waterloo, Iowa to pr• final design services at an estimated cost of $69,500.00 Page 3 bids in conjunction and refer to City Bid Amount $475,727.55 $496,723.85 $468,190.75 equest of Shelter y for $1.00 property 921 Lafayette Street e of $120,000.00, be hearing as July 18, the above described tice of same. Ayes: 005-570. rations transmitting vide preliminary and in conjunction with East Orange Road and Iowa 21 Traffic Safety Improvements, 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. Sandie Greco, Superintendent of Traffic Operations, report d the study is being paid using GO Bonds. They are finishing up a study tha was started six or seven years ago. Ms. Greco stated there is a grant from t e Iowa Department of Transportation that will redo the whole intersection, a d we will be adding lanes and new signals. Following comments a vote was taken on the above motio with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 005-571. 121885 - Greenwood/Welper that communication from Superintendent of Traffic Op=rations transmitting agreement with Iowa Department of Transportation for traf:ic safety improvement funding in the amount of $48,000.00 in conjunction with Fl mmang Drive and Sarah Drive Traffic Safety Improvements, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Cit Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 005-572. 121886 - Greenwood/Welper that communication from Assistant City Planner transmittin preliminary plat of the R. Wagner Addition, together with report of City Engin er and staff report, be received, placed on file and "Resolution approving said preliminary plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 005-573. June 27, 2005 Documents continued 121887 - Greenwood/Welper Page 4 that communication from Associate Planner transmitting acquisition contract and temporary easement with Richard and Phyllis Oesterling for 4342 Ansborough Avenue at a cost of $44,000.00, plus incidental costs not to exceed $2,000.00, in conjunction with Ansborough Avenue Interchange Project, be received, placed on file and "Resolution approving said acquisition contract", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Abstain: Cole because she is an employee of VGM. Resolution adopted and upon approval by Mayor assigned No. 2005-574. 121888 - Greenwood/Welper that communication from Associate Planner transmitting acquisition contract, permanent easement and temporary easement with Duane and Danita Stoner for 4404 Ansborough Avenue at a cost of $13,500.00, plus incident costs not to exceed $2,000.00, in conjunction with Ansborough Avenue Interchange Project, be received, placed on file and "Resolution approving said acquisition contract", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Abstain: Cole because she is an employee of VGM. Resolution adopted and upon approval by Mayor assigned No. 2005-575. 121889 - Greenwood/Welper that communication from Associate Planner transmitting agreement with Rouselow Brothers Farms, Inc. to lease a 26.51 acre parcel of land generally located at 2010 Ridgeway Avenue at a cost of $3,410.00 per year to use for farming purposes, be received, placed on file, and "Resolution approving said lease agreement", be adopted and Mayor and City Clerk authorized to execute the same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-576. 121890 - Schmitt/Welper that communication from Assistant City Engineer transmitting Notice of Discontinuation of a Storm Water Discharge covered under Iowa NPDES General Permit 2 with Iowa Department of Natural Resources in conjunction with F.Y. 2004 Ferguson Distribution Center Sanitary Sewer Extension, Contract No. 682, be received, placed on file and "Resolution approving said notice", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-577. 121891 Schmitt/Welper that communication from City Clerk transmitting renewal of general and auto liability, law enforcement, public officials errors and omissions and umbrella insurance with St. Paul Fire & Marine Insurance with a premium of $574,037.00 and property insurance with Chubb Insurance with a premium of $165,021.00, be received, placed on file and "Resolution approving said insurance policies", be adopted. Prior to a vote on the above motion, the following comments were heard. Nancy Eckert, City Clerk, reported the premium costs increased about 2.63 percent over last year's premium for an increase of about $19,000.00 In addition, this year's premium includes an additional $8,971.00 for the cost of adding terrorism insurance. Councilperson Clark asked if an act of terrorism is defined somewhere so we know what terrorism is if it happens, at least as our insurance policy is concerned. Frank Dowie, from PDCM Insurance Agent, responded that is from the Terrorism Act from about four years ago, and they are trying to renew that Act, federally, so we can get mortgages and loans on large building construction. Mr. Dowie stated to answer the question specifically, they do not want anything excluded from the city's general liability. If someone threw a pipe bomb and it exploded in one of the buildings in city hall, there is terrorism on the property coverage and the building would be covered, but they want to make sure that bodily injury is covered. It currently is excluded, and we need to delete the exclusion and add the terrorism coverage. Mr. Dowie stated that at the National League of Cities meeting in June in Milwaukee, Wisconsin, they encouraged all municipalities to re -look at the terrorism coverage. A lot of cities have excluded the coverage from the general liability coverage and auto liability coverage, and the National League of Cities is encouraging the agents and brokers to make an effort to add terro'm back into the policies. • June 27, 2005 • • Documents continued Page 5 Councilperson Clark asked to define terrorism, is it domestic terrorism, foreign terrorism. Councilperson Clark asked who decides if it is or willful injury, and has anyone collected on a terroris responded that fortunately no one has collected on the Mr. Dowie stated that St. Paul has not reported to them tha incidents of terrorism that have gone to court at definition. Jim Walsh, City Attorney, stated that one of the reasons t narrowed their coverage is because they didn't know either. coverage after September 11 and took a number of things ou coverage. Mr. Walsh stated the purpose of this purchase i things that have been narrowed out of our coverage ove years. Mr. Walsh stated we shouldn't have to decide how or we buy back the coverage and we won't have to worry about it could be a big problem if we don't buy it. Mr. Dowie stated that a true definition has not been defi yet. Councilperson Schmitt pointed out that the rates went up 2 is a lot less than was estimated a year ago when we Councilperson Schmitt reported the city's property value f• and equipment went up over $9 million which is a 7 percent percent increase in our total asset analysis we have the increase of only 2.63 percent. Mr. Schmitt stated that st- giving us a continued good rate. Mayor Hurley noted that Councilpersons Greenwood, Schmitt Insurance Committee with the City Clerk and Mr. Dowie, and and have good discussions and debates and stay on top of th Councilperson Greenwood stated there have been a lot of Self -Insured Retention fund. If we don't use all our m• deductible, that we would sweep some of the monies into a fund so that in the future we can buy down some of our assuming a larger risk and putting that money into terrorism, vandalism policy. Mr. Dowie errorism policy yet. there have been any his point for that e insurance companies They narrowed their where we still need to buy back some of the past couple of why this happened if that definition, and ed by a court of law .63 percent, but that ade out the budget. ✓ building, machinery increase, so for a 7 same coverage for an ying with St. Paul is and Cole sit on the they meet faithfully ngs. discussions about a nies that are in the elf -Insured Retention premium by the city a protected fund. Councilperson Greenwood asked Mayor Hurley to seriously look at doing that so that going forward we won't have the insurance premium escalation if we could set some money aside and take some of the risk ourselves. Councilperson Greenwood stated the Insurance Committee is pretty set o doing that and they want to make sure that recommendation gets passed along. Mayor Hurley stated the Insurance Committee set him a lett: their meeting asking that an item be on tonight's agenda. when he sat on the Insurance Committee he was for the sam he is Mayor he is still for it, it is a great idea, but dot and Ts to cross. Mayor Hurley stated his concern was be done before the end of the fiscal year, but that is Hurley pledged to look at the committee's recommendation. ✓ last Thursday after Mayor Hurley stated thing, and now that here are a few Is to that it would need to not the case. Mayor Following comments a vote was taken on the above motio with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. '005-578. 121892 - Schmitt/Welper that communication from Associate Engineer transmitting agreement with Iowa Department of Transportation for STP funds in the amount of $421,952.00, with required city match of $197,592.00, in conjunction with F.Y. 2006 Donald Street Trail, Contract No. 700, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk auth.rized to execute the same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. '005-579. 121893 - Schmitt/Welper that communication Associate Engineer transmitting agreeme Waterloo, Iowa for design engineering services at a maxi $57,900.00 in conjunction with F.Y. 2006 Donald Street Tr. be received, placed on file and "Resolution approving adopted and Mayor and City Clerk authorized to execute same Resolution adopted and upon approval by Mayor assigned No. t with Ament, Inc. of um amount payable of 11, Contract No. 700, said agreement", be . Ayes: Seven. 005-580. June 27, 2005 Documents continued 121894 - Schmitt/Welper Page 6 that "Resolution approving and accepting property from Cardinal Construction, Inc. and temporary easement generally located along border of GMAC site near Tower Park in conjunction with extension of Winn Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-581. 121895 - Schmitt/Welper that communication from City Planner transmitting agreement with Willard Frost in the amount of $1.00 to lease approximately 70 acres of land generally located west of the creek along the westerly border of the Northeast Industrial Park, be received, placed on file and "Resolution approving said lease 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. Councilperson Gunderson asked for an explanation of why the city is leasing this land to Mr. Frost for $1.00 when previously we approved a lease with Rouselow Brothers Farm for a much larger amount of money. Aric Schroeder, Senior Planner, explained Mr. Frost requested to lease the property earlier, and the city did not enter into the lease at that time because we were looking at a potential development and road construction in that area. It does not look like that will happen, so Mr. Frost is again requesting to lease the land. Mr. Schroeder stated given the timeframe most of the crops are already in, and at this point Mr. Frost would be expecting a significantly reduced crops based on the timeframe. The alternative if we don't lease is the city would have to mow it. Following comments a vote was result. Ayes: Seven. taken on the above motion with the following Resolution adopted and upon approval by Mayor assigned No. 2005-582. RESOLUTIONS TO BE ADOPTED 121896 - Schmitt/Welper that "Resolution transferring Iowa Projects Fund to transfer County Solid Waste Commission Resolution No. 2005-555 in its $306,440.65 from the General Fund a portion of the distribution from to the Vision Iowa Projects Fund entirety," be adopted. to the and Prior to a vote on the above motion, the following comments were heard. the Vision Black Hawk rescinding Mayor Hurley reported that last week the council approved Resolution No. 2005- 555 in the amount of $895,000.00, which was more funds than have been spent, so it has been reduced to a transfer of $306,440.65. We will just retain more funds for the Riverfront Renaissance Project, which will eventually be spent, but there is a little over $500,000.00 we will retain and get some interest on. 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. 2005-583 NEW BUSINESS 121897 Cole/Schmitt to instruct Superintendent of Traffic Operations to prepare plans, specifications, form of contract, etc. in conjunction with Extending University Avenue Left Turn Lanes at Ansborough Avenue, Project No. TRAF-110-05, be received and placed on file. Ayes: Seven. Motion carried. 121898 - Cole/Schmitt that plans, specifications, form of contract, etc. in conjunction with Extending University Avenue Left Turn Lanes at Ansborough Avenue, Project No. TRAF-110-05, be received and placed on file. Ayes: Seven. Motion carried. • • June 27, 2005 • • New Business continued 121899 - Cole/Schmitt Page 7 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. 2005-584. 121900 - Cole/Schmitt that "Resolution setting date of hearing on plans, spe contract, etc. as July 11, 2005, at 5:30 p.m. in the City and taking of bids on the above described project", be a' instructed to publish notice of same. Ayes: Seven. ifications, form of all Council Chambers opted and City Clerk Resolution adopted and upon approval by Mayor assigned No. 2005-585. ORAL PRESENTATIONS 121901 - Brian Madisen, 3303 Parkridge Road, stated that about two when the casino was approved and asked the city several • question was is the city going to put street lights out question was he asked the Police Chief if the city was pl. police officers, and he was told the city would not be officers. Mr. Madisen stated the city is already under officers, and there is a high crime rate in Waterloo at th stated he just read in the paper last Sunday that a lady in her own yard by some young kids while she was mowing stated we have taken tax dollars to fill a focus group when be doing is hiring more officers. Mr. Madisen stated he received $1 million from the Isle of Capri Casino, and h should know and it should be itemized and adopted where thi to go. Mr. Madisen stated he knows Isle of Capri gave where Isle of Capri originated, ten times more than th Waterloo because Biloxi, Mississippi not only hired poli hired fire fighters, built more police stations, and recr= Mr. Madisen stated he feels that is where we are lacking helping our kids, we would rather build casinos. Mr. Madi months ago he called estions. One of the there and the second nning on hiring more rushing into hiring taffed by 22 police s time. Mr. Madisen as beaten and mugged er yard. Mr. Madsen the thing we need to understand the city feels the community s $1 million is going Biloxi, Mississippi, y gave the City of e officers but they ation hall for kids. in Waterloo, we lack en stated we need to do something for our kids, because as a community we are turning our back on our kids. Mr. Madisen stated the $1 million should go towar more recreational halls, hiring more police officers. M feels we need to give the Police Department 22 more o million because that is what they need. s the kids, building . Madisen stated he ficers using the $1 Mayor Hurley stated he agrees with the sentiment abou hiring more police officers. Mayor Hurley stated when an itemized list of where the $1 million from Isle of Capri will go, when that is decided it wil be done in public. Mayor Hurley stated he has given the council his initial recommendation, and he has the council's recommendation. Mayor Hurley stated council unanimously authorized $50,000 of those funds to g Skills Program, which is jobs, education and physical activ' Mr. Madisen stated he feels the city should have do negotiating with Isle of Capri, because Biloxi, Mississip City of Waterloo. Mr. Madisen stated he thinks before ground we should know what we are going to do with the $1 cops in hand. Mr. Madisen stated he is prepared to pr• family, but there are people who can't protect themselves, some kind of safety measures over in that area. Councilperson Welper reported they had a neighborhood clea and he thanked the city for all they did, all the neighbor Gary Gillis with the Renaissance Program for having his you Schmitt/Clark that the above oral comments be received and placed on Motion carried. ADJOURNMENT 121902 - Gunderson/Cole that the Council adjourn at 6:14 p.m. Ayes: Seven. Motio Nancy Eckert, CMC City Clerk that last week the the Youth Essential ties for kids. e a better job of •i got more than the Isle of Capri breaks million and have the tect himself and his and there needs to be up this last weekend, who participated and g men help them. ile. Ayes: Seven. carried.