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HomeMy WebLinkAboutMinutes-03/21/2005• March 21, 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, March 21, 2005. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Boy Scouts Troop 2 - Westminister Presbyterian Church: Cody DeMaro, Daniel Durst, Matt Gerst, Tyler Christensen, Dylan Blanchard, Matt Holmes, Jacob Kazenelson, Tyler Russell, Buster Worthington, Eric Harbaustt. Mayor Hurley spoke regarding Item No. 14 on tonight's agenda concerning an agreement with Isle of Capri Black Hawk County, Inc. and Black Hawk County Gaming Association. Mayor Hurley stated he received a number of calls and a number of concerns have been expressed to him and council members concerning the agreement. Mayor Hurley stated he spoke with representatives of Isle of Capri, and they have asked that we remove the agreement from the agenda. Isle of Capri will still stand by their commitment of the agreement which was in the council's packet, but they did not wish to add to the fervor of the situation and the number of people from the other gaming applicants wishing to speak. Mayor Hurley stated Isle of Capri did not wish to put the council and mayor in this position. Mayor Hurley asked that Item No. 14 be removed from tonight's agenda. 121321 - Welper/Kincaid that the Agenda, as amended to remove Item No. 14, for the Regular Session on Monday, March 21, 2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 121322 - Welper/Kincaid that the Minutes, as proposed, for the Special Session on Thursday, March 10, 2005, at 5:30 p.m., and Regular Session on Monday, March 14, 2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley recognized Tom Lanigan for 30 years of service to the City of Waterloo. Mayor Hurley recognized Army Staff Sergeant Eric Steffeney and read a resolution adopted by the City of Harlan, Iowa. CONSENT AGENDA 121323 - 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. 1-75, dated March 21, 2005, in the amount of $1,652,640.68, 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. 2005-220. 2. Communication from City Clerk transmitting request of Dennis Clark and Mary Eldridge for an exception to burning yard waste to burn approximately one acre of prairie grass located north and south of the pond on property located at 2204 Ashland Avenue during the time frame of March 20 - May 31, 2005, together with recommendation of approval of the Fire Chief, Leisure Services Director and Superintendent of Waste Management Services. Resolution adopted and upon approval by Mayor assigned No. 2005-221. b. Motion to approve the following: 1. Communication from Mayor Hurley transmitting recommendation of appointment of Steve Grimm to the Planning, Programming and Zoning Commission, with term expiration date of February 7, 2006. 2. Communication from Mayor Hurley transmitting recommendation of appointment of Robert C. Stringer to the position of Human Resources Director, effective March 28, 2005, including relocation and temporary housing expenses. March 21, 2005 Consent Agenda continued Page 2 3. Pat Treloar, Fire Department Community Services Coordinator, to attend Discovering the RD to High Risk AUD Course in Emmitsburg, Maryland on April 16-30, 2005, with costs not to exceed $216.00, including use of city vehicle. 4. Monte Frana, Police Sergeant; and Brent Cirksena, Police Lieutenant, to attend Tactical Procurement Midwest Conference in Indianapolis, Indiana on April 25-28, 2005, with costs not to exceed $904.00, including use of city vehicle. 5. Alan Carrier, Police Lieutenant, to attend Firearms Instructor Recertification School in Des Moines, Iowa on May 5-6, 2005, with costs not to exceed $252.00, including use of city vehicle. 6. John Kehoe, Chief Electrical Inspector, to attend 67th Annual IAEI Iowa Chapter meeting in Marshalltown, Iowa on April 11-13, 2005, with costs not to exceed $470.00, including use of city vehicle. c. Beer License Permit Application Class B Iry Warren Memorial Golf Course, 1000 Fletcher Avenue (Renewal) (Expires 3/31/06) (Includes Sunday Sales) d. Beer/Liquor License Permit Application Class C The Ground Round, 1425 San Marnan Drive (Renewal) (Expires 3/31/06) (Includes Sunday Sales) Beck's Pub & Grille, 3295 University Avenue (Renewal) (Expires 3/24/06) (Includes Sunday Sales) J's R & B Lounge, 501 Independence Avenue (Renewal) Expires 4/6/06) (Includes Sunday Sales) Legends, 2122 Kimball Avenue (Renewal) (Expires 3/27/06) (Includes Sunday Sales) Red Carpet Golf, 1409 Newell Street (Renewal) (Expires 4/4/06) (Includes Sunday Sales) e. Beer/Wine License Permit Application Special Class C Waterloo Bucks Baseball, 850 Park Road (Renewal) (6 months - 3/23/05 9/23/05) (Includes Sunday Sales) f. Brew Pub Privilege Beck's Pub & Grille, 3295 University Avenue (Renewal) (Expires 3/24/06) (Includes Sunday Sales) g• Outdoor Service Area Application Iry Warren Memorial Golf Course, 1000 Fletcher Avenue Red Carpet Golf, 1409 Newell Street Waterloo Bucks Baseball, 850 Park Road h. Cigarette Permit Application Packers Inn, 201 Rath Street i. Fireworks Display Application West High School, 425 E. Ridgeway during West Fest on April 18, 2005 j. Bonds. Ayes: Seven. Motion carried. HEARINGS AND BIDS 121324 - Greenwood/Gunderson that proof of publication of notice of public hearing on F.Y. 2005 Sidewalk Repair Program - Zone 5, and Trail Repairs, Contract No. 689, as published in the Waterloo Courier on March 7, 2005, be received and placed on file. Ayes: Seven. Motion carried. 121325 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Gunderson that the hearing be closed. Ayes: Seven. Motion carried. • • March 21, 2005 • • Hearings and Bids continued 121326 - Greenwood/Cole Page 3 that "Resolution confirming approval of plans, specifications, form of contract, etc." in conjunction with F.Y. 2005 Sidewalk Repair Program - Zone 5, and Trail Repairs, Contract No. 689", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-222. 121327 - Greenwood/Gunderson that "Resolution ordering construction in conjunction with F.Y. 2005 Sidewalk Repair Program - Zone 5, and Trail Repairs, Contract No. 689", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-223. 121328 - Greenwood/Gunderson to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review. Bid Total Bidder Bond Division I Division II Division I & II Ti -Zack Concrete, Inc. 5% $90,946.51 $24,587.25 $115,533.76 LeCenter, MN B & B Builders and Supply 5% $56,521.75 $26,465.83 $ 82,987.58 Waterloo, IA Matt Construction, Inc. 5% $59,159.15 $36,686.35 $ 95,845.50 Sumner, IA Borwig Building Service 5% $66,355.92 $27,296.64 $ 93,652.56 Waterloo, IA Ayes: Seven. Motion carried. UNFINISHED BUSINESS 121329 - Gunderson/Schmitt that communication from Superintendent of Central Garage transmitting recommendation of award of contract in the amount of $169,130.00 to Harrison Truck Center of Elk Run Heights, Iowa for purchase of two snow control trucks with related equipment, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-224. 121330 - Gunderson/Schmitt that communication from Superintendent of Central Garage transmitting recommendation of award of contract in the amount of $63,615.00 to Don's Trucks of Fairbank, Iowa for purchase of one chip truck, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-225. PETITIONS FROM PUBLIC 121331 - Welper/Gunderson that communication from Senior Planner transmitting request of Iowa Post Frame Builders to rezone from "R-2" One and Two Family Residence District to "R-4" Multiple Residence District property generally located at the corner of Broadway and Virginia Streets for the purpose of constructing a new multiple housing complex unit, together with recommendation of approval of the Planning, Programming and Zoning Commission be received, placed on file and "Resolution setting date of hearing as April 11, 2005 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. With approval of the mover and seconder, the above motion was withdrawn. Clark/Schmitt that the request of Iowa Post Frame Builders be tabled and referred back to the Planning, Programming and Zoning Commission. March 21, 2005 Petitions from Public continued Prior to a vote on the above motion, the following comments were heard. Page 4 Councilperson Clark stated he would like the Planning, Programming and Zoning Commission to look at the proposed site plan. Councilperson Schmitt stated this item has been before the Planning, Programming and Zoning Commission several times, but they have not seen the applicant's request to construct an 8 -stall garage along the westerly property line. Councilperson Schmitt stated the request to construct an 8 -stall garage is similar to their request to build a pole building which was denied by the Planning, Programming and Zoning Commission. Councilperson Schmitt stated the Planning, Programming and Zoning Commission needs to see if it is a 4 -unit complex and that no construction materials are stored in the area. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. DOCUMENTS 121332 - Cole/Schmitt that communication from Associate Engineer transmitting Notice of Discontinuation of Storm Water Discharge with Iowa Department of Natural Resources covered under Iowa NPDES General Permit 2 for construction activities in conjunction with F.Y. 2002 San Marnan Drive Traffic Improvements, Contract No. 647, be received, placed on file and "Resolution approving said Notice of Discontinuation", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-226. 121333 - Cole/Schmitt that communication from Associate Engineer transmitting agreement with Iowa Department of Transportation for installation of traffic signals at ramp intersections in conjunction with F.Y. 2005 US 20/IA 21 Interchange Traffic Signal Improvement, Contract No. 685, with total project cost of $270,000.00 and city match of $24,300.00, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-227. 121334 - Cole/Schmitt that communication from Associate Planner transmitting request of Mian Nisar Ahmed for tax exemptions on improvements totaling $109,000.00 for property located at 3021 Angeles Drive in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk authorized to forward same to Black Hawk County Treasurer. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-228. 121335 - Cole/Schmitt that communication from Associate Planner transmitting request of Lisa O'Connell for tax exemptions on improvements totaling $3,900.00 for property located at 363 Indiana Street in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk authorized to forward same to Black Hawk County Treasurer. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-229. 121336 - Cole/Schmitt that communication from Building Official/Maintenance Administrator transmitting agreement with Communication Engineering Company of Hiawatha, Iowa for maintenance of sound system at Five Sullivan Brothers Convention Center at a cost of $427.92 per month, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-230. • • March 21, 2005 • • Documents continued 121337 - Cole/Schmitt Page 5 that communication from Building Official/Maintenance Administrator transmitting agreement with Johnson Controls to perform maintenance/energy study at five city buildings at a cost of $15,000.00, 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. Councilperson Clark asked if the agreement would require the city to purchase items from Johnson Controls, Inc. rather than put them out for bid. Lou Cutwright, Building Official/Maintenance Administrator, responded that Johnson Controls, Inc. would be the facilitator to purchase items, not necessarily from them but they would bring the bids to the council. Councilperson Clark stated it is his understanding if we hire Johnson Controls, Inc. to perform the audit they would show positive savings for the city or they would charge the city $15,000.00. Mr. Cutwright responded that is correct, and Johnson Controls will use past utility bills and our cost to maintain the buildings as a benchmark. Councilperson Clark stated he understands that Black Hawk County is negotiating with Johnson Controls at the same time at the same cost, and he asked if we would be able to do a co -contract with Black Hawk County and get a cheaper rate. Mr. Cutwright responded there are like things that take place in the full project which could lower the cost for both entities and the implementation cost could be shared. Mr. Cutwright reported that the city has an agreement with Johnson Controls for energy savings at the Five Sullivan Brothers Convention Center at an initial cost of $119,000.00 and then $15,000.00 was added for Phase I. The city entered into an agreement with Gilmore & Doyle for consultant services for that project. Mr. Cutwright reported that the five major buildings included in this agreement are: Five Sullivan Brothers Convention Center, Waterloo Library, City Hall, The Center For The Arts, and Young Arena. Mr. Cutwright stated that Five Sullivan Brothers Convention Center is included in this agreement to recover additional savings. Councilperson Clark asked what would happen if the council did not approve the agreement in order to allow time for Mr. Cutwright to ask Johnson Controls about a joint contract with the city and county. Mr. Cutwright responded we are on a timeline to reach savings which will affect the 2006 Budget. Mr. Cutwright reported that Black Hawk County's agreement with Johnson Controls is on tomorrow's Board of Supervisors agenda. Following comments a vote was taken on the above motion with the following result. Ayes: Three. Nays: Cole, Greenwood, Clark, Gunderson. Motion failed. 121338 - Cole/Schmitt that communication from Fire Chief transmitting Fire Service Training Bureau grant from the Iowa Department of Public Safety in the amount of $6,250.00 to be used to enhance the Hazardous Materials Regional Training Center, with no required city match, be received, placed on file and "Resolution approving said grant", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-231. 121339 - Cole/Schmitt that communication from City Engineer transmitting Release of Temporary Easement Form in conjunction with FY. 1996 Sunnyside Heights Area Street Improvements, Contract No. 504, be received, placed on file and "Resolution approving said Release of Temporary Easement Form", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-232. RESOLUTIONS TO BE ADOPTED 121340 - Schmitt/Cole that "Resolution approving building permit and plan review fees schedule", be adopted. Prior to a vote on the above motion, the following comments were heard. March 21, 2005 Resolutions to be Adopted continued Page 6 Lou Cutwright, Building Official/Maintenance Administrator, reported that the salary for the Permit Writing Specialist would be about $15.00 per hour, but an exact salary has not been set. Mayor Hurley stated that the Permit Writing Specialist would be a new employee who would work at the counter which will clear up the Plan Review Specialist's time for plan review. Mr. Cutwright stated that the number of permit applications at the counter eats into the Plan Review Specialist's time. Mr. Cutwright reported that the proposed permit fee is the same percentage schedule used by the City of Cedar Falls. 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. 2005-233. NEW BUSINESS 121341 - Welper/Kincaid to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2005 Right of Way Mowing, be received, placed on file and approved. Ayes: Seven. Motion carried. 121342 - Welper/Gunderson that plans, specifications, form Right of Way Mowing, be received carried. 121343 - Welper/Gunderson of contract, etc. in conjunction with 2005 and placed on file. Ayes: Seven. Motion 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. 2005-234. 121344 - Welper/Gunderson that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as April 4, 2005 at 5:30 p.m. in the City Hall Council Chambers and taking of 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. 2005-235. 121345 - Schmitt/Greenwood to instruct Airport Director to prepare specifications, form of contract, etc. in conjunction with Waterloo Regional Airport Replacement of Airfield Signage, be received, placed on file and approved. Ayes: Seven. Motion carried. 121346 - Schmitt/Clark that plans, specifications, form of contract, etc. in conjunction with Waterloo Regional Airport Replacement of Airfield Signage, be received and placed on file. Ayes: Seven. Motion carried. 121347 - Schmitt/Clark 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. 2005-236. 121348 - Schmitt/Cole that "Resolution setting date of hearing contract, etc. as April 18, 2005 at 5:30 p. and taking of bids on the above described instructed to publish notice of same. Ayes: on plans, specifications, form of m. in the City Hall Council Chambers project", be adopted and City Clerk Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-237. March 21, 2005 • • New Business continued 121349 - Schmitt/Greenwood Page 7 to instruct Airport Director to prepare specifications, form of contract, etc. in conjunction with Waterloo Regional Airport Class I Aircraft Rescue and Fire Fighting Vehicle, be received, placed on file and approved. Ayes: Seven. Motion carried. 121350 - Schmitt/Clark that plans, specifications, form of contract, etc. in conjunction with Waterloo Regional Airport Class I Aircraft Rescue and Fire Fighting Vehicle, be received and placed on file. Ayes: Seven. Motion carried. 121351 - Schmitt/Clark 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. 2005-238. 121352 - Schmitt/Cole that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as April 18, 2005 at 5:30 p.m. in the City Hall Council Chambers and taking of 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. 2005-239. Brad Hagen, Airport Director, reported that the new Airfield Rescue Fire - Fighting (ARFF) vehicle will be a primary response vehicle for the airport, and the current ARFF vehicle will be used as a back-up vehicle. Currently, any back up request has to come from Waterloo Fire Rescue. Mr. Hagen stated that if we trade in the current vehicle it would reduce the cost of a new vehicle, but he feels it would be most advantageous to keep the current vehicle. Councilperson Greenwood noted there is only one firefighter stationed at the Airport so why would we have to call Waterloo Fire Rescue for backup. Mr. Hagen responded the vehicle could be down due to mechanic problems. Councilperson Gunderson asked that the bids be sent out with the option to bid with and without trade-in. 121353 - Clark/Schmitt that communication from Leisure Services Director transmitting bids received for Work Package #7, Metal Roofing & Flashings, in conjunction with 2005 Riverfront Stadium Renovations & Improvements, be received, placed on file and "Resolution setting date of hearing as April 4, 2005 at 5:30 p.m. in the City Hall Council Chambers on above described bids", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-240. 121354 - Clark/Schmitt that communication from Leisure Services Director transmitting bids received for Work Package #5, Structural Steel & Metal Decking (Materials Only) in conjunction with 2005 Riverfront Stadium Renovations & Improvements, be received, placed on file and "Resolution setting date of hearing as April 4, 2005 at 5:30 p.m. in the City Hall Council Chambers on above described bids", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-241. ORAL PRESENTATIONS 121355 - Richard Ennega, 1316 Mulberry Street, reported he was involved in Dick's Auto Salvage for 27 years, Mr. Ennega stated the property is located at 637 Powell Street and 2405 Hawthorne Avenue, and they have hazardous material buried 25 to 30 feet deep that he and his ex-wife buried. Mr. Ennega stated that the Health Department says it is a landfill, but it has never been a landfill. Mr. Ennega stated the material should be cleaned up. Mr. Ennega stated there is paint buried in water level and probably 3,000 gas tanks and 5,000 tires, and the property is contaminated. Mayor Hurley stated he will give the information to the Planning and Zoning and Engineering Departments and the City Attorney for review. March 21, 2005 Oral Presentations continued Page 8 Ryan Madison, 3303 Parkridge Road, stated he was not a resident at the time of the gambling issue vote. Mr. Madison stated one of the proposed locations for a casino is one block from his home and one is near his mother's home. Mr. Madison stated he doesn't think the community knows what comes with a casino. Mr. Madison distributed copies of statistics for the crime rate and unemployment rate in Dubuque. Mr. Madison reported the unemployment rate in Dubuque before the casino was at 9.5 percent, in 1993 it was 13.3 percent and it never dropped below 6.5 percent until Dubuque built its second casino. Mr. Madison stated he talked to Iowa Workforce and the ideal unemployment rate is 2.4 percent and Dubuque hasn't reached it yet. Mr. Madison reported that the population in Dubuque in 1980 was 62,321 and 6,560 were unemployed, and in 1983 the population in Dubuque was 62,226 and 4,679 were unemployed. Mr. Madison reported Dubuque's crime rate in 1980 was at 7 percent and in 1983 it was at 5 percent when the population started to drop. Mr. Madison stated the city is talking about not filling five police officers' positions when they retire, but if we build a casino there is going to be a lot of crime and a lot of murders not solved. Mr. Madison stated that casinos bring with them crimes such as rapes and murder, so why would we bring in a casino. Mr. Madison stated he contacted the Water Pollution Department for statistics in 1980, but they don't test the ozone in Dubuque but in Clinton. Mr. Madison stated that a good ozone rating is 40 percent, and in Clinton it is at 42 percent, and he believes if there were a monitor in Dubuque it would be higher. Mr. Madison stated when a casino is build there are many things to think about, but right now the city is just thinking of the money and not the people. Mayor Hurley stated that the council is not the deciding body concerning where a casino is located. Mr. Madison stated there are 8,000 Blacks in Waterloo and one-half of them didn't vote, and he thinks the gambling issue should be brought back to the voters. Jerry Shatzer, 1829 West 7th Street, distributed a copy of information from the state on wind energy. Senate File 371 encourages Iowa's renewable energy industry by providing tax credits to the producers and buyers of renewable energy. The state legislators are working on this as a state project, and they look at it as a private utility and the savings could be passed onto cities and citizens. Councilperson Gunderson spoke about the information furnished by Mr. Madison. Dubuque's crime rate went from 7 percent in 1980 to 3 percent in 2000, and the unemployment rate went from 9.5 percent in 1980 to 3.7 percent in 2000. Councilperson Gunderson stated these statistics do not show casinos having any affect on the crime rate. Councilperson Gunderson stated if you talked to Police Departments you would find that the crime rate around casinos is very minute due to the security. Councilperson Gunderson stated he doesn't think Mr. Madison's ideas hold water. Councilperson Greenwood stated that Dubuque's spike in unemployment happened when Dubuque Packing and the John Deere Works were experiencing the farm crisis and laid off employees. Welper/Clark that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 121356 - Welper/Clark that the Council adjourn at 6:38 p.m. Ayes: Seven. Motion carried. Nancy Eckert, CMC City Clerk • •