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HomeMy WebLinkAboutMinutes-08/21/2006August 21, 2006 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, August 21, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Getty, Cole, Schmitt. Absent: Greenwood. Moment of Silence. Pledge of Allegiance: Tim Shea, Superintendent of Waste Management Services. 124034 - Schmitt/Kincaid that the Agenda, as amended, for at 5:30 p.m., be accepted and Motion carried. 124035 - Schmitt/Kincaid the Regular Session on Monday, August 21, 2006, approved. Ayes: Six. Absent: Greenwood. that the Minutes, as proposed, for the Regular Session on Monday, August 14, 2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. Mayor Hurley read a Proclamation endorsing Cedar Valley Promise's efforts bring together parents, students, schools and our community in celebration DAY ONE of the school year, August 24, 2006. to of Anna Mae Weems presented Urban Potential Training Certificates to Community Development, Police Department and Fire Department. CONSENT AGENDA 124036 - Schmitt/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. 1-68, dated August 21, 2006, in the amount of $1,848,016.60, 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. 2006-708. 2. Communication from City Clerk transmitting request of Sam's Club, 210 East Tower Park Drive, for a variance to the Noise Ordinance on September 4, 2006 from 1:00 to 5:00 p.m. in conjunction with MDA Telethon to be held in the parking lot of Sam's Club on the east end of the building, including a four member band, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2006-709. 3. Communication from City Clerk transmitting request of Dr. Gail Moon, Principal of West High School, requesting an exception to burning to have a bonfire in the back parking lot of West High School during the Homecoming event on September 20, 2006 from 8:00 to 9:15 p.m., together with recommendation of approval of Fire Chief. Resolution adopted and upon approval by Mayor assigned No. 2006-710. b. Motion to approve the following: 1. Communication from Superintendent of Central Garage recommendation of appointment of Johnny Garcia to the Mechanic, effective August 28, 2006. 2. Communication from Community Planning & Development Director recommendation of appointment of Timothy Andera to the Associate Planner, effective at a mutually agreeable date. 3. Steve Weliver, Fire Captain, to attend training in Emmetsburg, September 10-16, 2006, with costs not to exceed $1,259.20. transmitting position of transmitting position of Maryland on 4. Michael Dobson, Police Officer, to attend Hazardous Devices School -FBI Huntsville, Alabama on September 3 - October 13, 2006, with costs not exceed $5,360.00, including use of city vehicle. in to August 21, 2006 Consent Agenda continued c. Beer/Liquor License Permit Application Class C Kings and Queens Tap, 304-306 West 4th Street (Renewal) (Expires 8/27/07) (Includes Sunday Sales) Narey's 19th Hole, 2073 Logan Avenue (Renewal) (Expires 8/22/07) (Includes Sunday Sales) Page 2 d. Outdoor Service Area Application Narey's 19th Hole, 2073 Logan Avenue Ayes: Six. Absent: Greenwood. Motion carried. HEARINGS & BIDS 124037 - Gunderson/Welper that proof of publication of notice of public hearing on 2006 Byrnes Tennis Complex Renovation Project, as published in the Waterloo Courier on August 11, 2006, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 124038 - This being the time and place of public hearing, the Mayor called for written and oral objections. Michael Allen, 411 Candlewick Road, stated everything is just so fitting today to talk about how kids are our future, and its appropriate to talk about our six pillars of character: trustworthiness, respect, responsibility, fairness, caring and trying to be the best citizens possible. Mr. Allen stated one of the city's goal is to enhance and protect the diverse family community where the neighborhoods are safe and well maintained. Mr. Allen stated yesterday he read in the newspaper about the tennis courts project returning to the Waterloo council agenda. Mr. Allen stated he thinks the article was well written by Tim Jamison, and it said that work to refurnish more courts at the city's primary tennis complex will be up for decision. The city council members are expected to hold a public hearing and open bids on a $225,000.00 renovation of the courts at Byrnes. Mr. Allen stated something needs to be done and he asked what does his granddaughter, Anisia, do who lives on East 4th Street and there are no tennis courts on East 4th Street at Gates Park. This is tax payers money, how can we sit here and say that we put $175,000.00 on those courts in June and we are going to put another $225,000.00 on those courts now. And right now on the Eastside of Waterloo, there are no tennis courts for our kids of the future to be able to walk to, play on, and he asked why is that happening, and asked the council to think about that. Mr. Allen stated they do need some monies in regards to continue to have one of the finest, competitive tennis courts on the west side, no question about that, but he asked where do the kids on the eastside go. When his granddaughter goes to Gates Park, which is a nice swimming pool, and when he picks her up and she says she would like to play tennis, there is no good environment there for tennis. Mr. Allen asked the council to take a look at doing what they have to do to continue to have Waterloo's tennis complex as one of the best tennis complexes in the State of Iowa, but he also would like the council to say we also have some recreation type of tennis courts around Waterloo that will also allow the kids'of the future the opportunity to play tennis. Mr. Allen hopes the council will consider allowing his granddaughter the opportunity to walk out of her house with a tennis racket, be five minutes away versus walking out of the house and saying grandpa I can't play tennis. Mayor Hurley stated he thinks everything Mr. Allen said is absolutely valid and its something that we all hear. In the case with this business tonight, its not an either or. We are going to focus on finishing what we started over on the west side. Mayor Hurley stated he presumes the west side courts started with the Leisure Services Commission and urged Mr. Allen to take his same argument, the same passion to the Leisure Services Commission where we start with budgeting and planning. Mr. Allen stated he talked to Mark Gallagher and asked him to come out of his office and asked him what did he see. Mr. Gallagher looked around and he said he saw a young kid playing tennis. Mr. Allen stated he said no your not you see a young kid getting lessons by a certified coach. Mr. Allen then asked Mr. Gallagher to turn around and look to the east and asked him what do you see. Mr. Gallagher asked what is your point, and Mr. Allen said he told him the point is the kids on the east side do not have that opportunity. Mr. Allen said he knows Cedar Valley's philosophy regarding trying to make everything equitable, and he is just saying that in the future be more conscious to what's equitable and what's not, and he thinks we slipped on this one. • • August 21, 2006 Page 3 Hearings & Bids continued Gunderson/Schmitt that the hearing be closed and oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 124039 - Gunderson/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with 2006 Byrnes Tennis Complex Renovation Project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-711. 124040 - Gunderson/Welper 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. 2006-712. 124041 - Gunderson/Welper to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Bond Bid Amount Aspro Inc., Waterloo, Iowa 5& $199,227.00 Ayes: Six. Absent: Greenwood. Motion carried. 124042 - Getty/Cole that proof of publication of notice of public hearing on Purchase of Two Garbage Trucks, as published in the Waterloo Courier on August 11, 2006, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 124043 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Schmitt that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 124044 - Getty/Cole that "Resolution confirming approval of specifications, etc. in conjunction with Purchase of Two Garbage Trucks", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-713. 124045 - Getty/Cole that "Resolution authorizing to proceed in conjunction with above said purchase", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-714. 124046 - Getty/Cole to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Central Garage for review: Bidder Price Each Price Total Wayne Engineering, Cedar Falls, Iowa $178,770.00 $357,540.00 Elliot Equipment, Davenport, Iowa $181,541.00 $362,082.00 Ayes: Six. Absent: Greenwood. Motion carried. August 21, 2006 DOCUMENTS 124047 - Cole/Schmitt Page 4 that communication from Assistant City Engineer transmitting sanitary and sewer paving construction plans serving Nottingham Heights Addition, as submitted by Wayne Claassen Engineering and Surveying, Inc. of Waterloo, Iowa, and Sewage Treatment Agreement with Iowa Department of Natural Resources, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-715. 124048 - Cole/Schmitt that communication from Senior Planner transmitting Preliminary Plat of Crossroads Estates Replat No. 3, together with staff report, aerial photograph of the area and Report of the City Engineer, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-716. 124049 - Cole/Schmitt that communication from Senior Planner transmitting request of Don Homolar for tax exemptions for improvements totaling $17,000.00 for 210 Leonard Avenue located 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 instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-717. 124050 - Cole/Schmitt that communication from Community Planning & Development Director transmitting Professional Services Agreement with TallGrass Historians of Iowa City, Iowa at a cost not to exceed $15,862.00 to provide Section 106 Evaluation of the Tech Works buildings, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-718. 124051 - Cole/Schmitt that communication Agreement with Todd Winterbottom Supply assessment of $186,5 received, placed on and Mayor and City Greenwood. from City Planner transmitting Supplemental Johnston for redevelopment of condominium in building located at 25 Westfield Avenue, with 00.00 and 100 percent tax rebatements for seven file and "Resolution approving said agreement", Clerk authorized to execute same. Ayes: Six Development the former minimum Resolution adopted and upon approval by Mayor assigned 124052 - Cole/Schmitt No. 2006-719. a years, be adopted Absent: be that communication from City Planner transmitting Supplemental Development Agreement with Richard Jenney for redevelopment of condominium in Winterbottom Supply building located at 25 Westfield Avenue, with assessment of $125,700.00 and 100 percent tax rebatements for seven received, placed on file and "Resolution approving said agreement", and Mayor and City Clerk authorized to execute same. Ayes: Six Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-720. 124053 - Cole/Schmitt the former a minimum years, be be adopted Absent: that communication from Community Planning & Development Director transmitting Acquisition Agreement with the Chicago Central and Pacific Railroad Company at a maximum cost of $40,000.00, plus $5,000.00 for incidental expenses, and $3,500.00 down payment for property located between Mullan Avenue and Lafayette Street to be used for the bike trail from Mullan Avenue to Cedar Bend, 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. 2006-721. • • August 21, 2006 RESOLUTIONS TO BE ADOPTED 124054 - Schmitt/Cole that "Resolution dedicating property generally located to Summerland Farms for right-of-way purposes", be Absent: Greenwood. Page 5 on Dysart Road adjacent adopted. Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2006-722. 124055 - Schmitt/Cole that "Resolution canceling regular September 5, 2006 due to Labor instructed to publish notice of same Resolution adopted and upon approval NEW BUSINESS 124056 - Welper/Gunderson city council meeting scheduled for Tuesday, Day holiday"; be adopted and City Clerk Ayes: Six. Absent: Greenwood. by Mayor assigned No. 2006-723. that communication from Superintendent of Traffic Operations transmitting recommendation of installation of street lights to install six street lights on the curve of the 4100 block of Harbin Drive, corner of Harbin Drive and Red Tail Drive, the cul-de-sac of Red Tail Drive, the corner of Paloma Drive and Falcon Ridge, the cul-de-sac of Paloma Drive, the corner of Crabapple Lane and Falcon Ridge, and the curve in the 1200 block of Flammang Drive, be received, placed on file and "Resolution approving installation of said lights", be adopted and City Clerk instructed to notify MidAmerican of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-724. 124057 - Kincaid/Schmitt to instruct Fire Chief to prepare specifications, form of contract, etc. in conjunction with Purchase of Emergency Generators for Fire Stations 1, 3, 4, 5, 6 and 8, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 124058 - Kincaid/Schmitt that specifications, form of contract, etc. in Emergency Generators for Fire Stations 1, 3, 4, placed on file. Ayes: Six. Absent: Greenwood. 124059 - Kincaid/Schmitt conjunction with Purchase of 5, 6 and 8, be received and Motion carried. that "Resolution preliminarily approving specifications, form of contract, etc. in conjunction with above described purchase", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-725. 124060 - Kincaid/Schmitt that "Resolution setting date of hearing on specifications, form of contract, etc. as September 11, 2006 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described purchase", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2006-726. ORAL PRESENTATIONS 124061 - Laura Nash, 212 Ankeny Street, President and representative of African American Historical Cultural Museum, stated she is here today because of a concern she has about the future of the African American Historical Cultural Museum. Monies have been applied for and received under recreation and culture, and the African American community has received very little of those dollars. The museum is in the position to market itself and receive the same recreational and cultural dollars as other cultural entities in the community. They now have the box car that is available and on site and they will be opening it up for tours. Ms. Nash asked how many from the council and the mayor have been inside the box car and invited them to tour the box car. August 21, 2006 Oral Presentations continued Ms. Nash stated there is a wonderful display of the history of African-Americans in the Cedar Valley. Another opportunity will be the Peoples Community Clinic's 30 year anniversary celebration. They are planning the celebration for Friday, September 22, and Saturday, September 23. The planning committee consists of all sections of the community. Ms. Nash distributed an invitation to the mayor and council to attend Peoples Community Clinic 30 year anniversary at the Elks Club on Friday beginning at 6:00 p.m., with hors d'oeuvres, entertainment, beverages and recognition of the leaders in the community who made Peoples Clinic a reality. Peoples Clinic still exists and still operates to serve the medically underserved, and this year alone they will serve approximately 15,000 clients. Peoples Clinic began in the basement of Antioch Baptist Church, and Antioch Church is still a prominent church in the African-American community. Without the entire medical and church community working with the local, state and federal governments supporting this effort and this idea, they would not be able to celebrate 30 years in operation. Saturday's activities will consist of a fun walk/run/ride and also a health fair extravaganza. There will be a selection of healthy foods, health screenings, class demonstrations including coepriera which is an Afro -Brazilian martial arts form, there will be music, a keynote speaker along with helmet fittings and activities for young people. They will help Peoples Community Health Clinic create a foundation and the African American Museums' part is the planning of Friday evening's recognition because it is an historical event. Ms. Nash stated we do not want any of the history of African-Americans, as it pertains to Waterloo, to be lost. Without the history of African-Americans in the Cedar Valley, you will only get part of the story. Ms. Nash stated we know that the Isle of Capri casino will bring thousand of tourism dollars to the community and there will be African-Americans who will come to the casino who will be looking for cultural activities. As an African-American, she is concerned that the history and culture will be lost without the African American Historical and Cultural Museum. Nothing is more important right now to our youth and to the community. Ms. Nash stated Mike Allen used to work for Leisure Services when she was coming up as a child and they used to have programs in the park and she remembers going to the park in the mornings and during the summer time because of the activities that they had at Sullivan Park when he was one of the people who was responsible for that. Ms. Nash stated it is important that the names and figures not be lost and that our children will have an idea of who the people are and who they look like who were responsible for making our community the way it is today, and for making Waterloo the city that it is today. That the opportunities that they have today were once not available and if we are going to create a legacy in this community and be viable and thriving, the African-American history must not be lost. Ms. Nash stated the African-American Historical and Cultural Museum is designed to do that, and they are tired of having no representation in our community. The African-American Historical and Cultural Museum and the cultural district are a part of the tourism that is coming to Waterloo in the very near future. These are dollars that not only can we capitalize on but our youth need the information and we can certainly make the museum a dream come true. Page 6 Councilperson Getty asked what hours has the museum been open because he has been there but it has never been open. Ms. Nash responded it has not been opened because they did not have an executive director to have regular hours, but they will be opening up the museum for tours. They are looking at possibly three days a week, four or five hours a day. They are working on a program to get the Waterloo schools involved in the box car history. Ms. Nash stated they will publicize the hours, and they would like to make a special invitation to the city council to come as a group to see the display that is in the box car. Ms. Nash stated people think that its just a box car, but there are some nice things in the box car about the history of African-Americans coming to the Cedar Valley. Mayor Hurley asked Ms. Nash to call his office tomorrow and leave his secretary her e-mail address. Charles Peyton, 220 Linwood Avenue, reported he has two letters on the street construction. Mr. Peyton stated one is seven weeks and the other one is eight weeks, this is the tenth week and this is the first time that he has been able to drive in his driveway. They have only one-half of the street done, the sewer lines are all in but the grates are not in, and if we have heavy rain or something, look out. Mr. Peyton stated for two weeks no one came around. Before they constructed this street they were usingit for a race way. They have a 25 mph speed limit for the kids. There are four houses in his half a block and 12 kids who are all under the age of 10. They will probably go back to using it for a raceway when they finish it, if they ever do. • • August 21, 2006 Oral Presentations continued Mayor Hurley stated he thinks every member here shares Mr. Peyton's frustration because they all have been through probably the same thing at one time or another. The letters from City Hall are our best guess, our best estimate. We rely very heavily on the contractor, their schedule and equipment and weather. Page 7 Mr. Peyton stated as far as weather, he doesn't think you could have found any better weather than we have had this year. Mr. Peyton asked if there is anything the contract with these construction companies that they have got a certain date to finish. Dennis Gentz, Assistant City Engineer, responded we have a completion date for the whole project but not intermediate completion dates for various streets within the project. Mr. Gentz stated he thinks the completion date for this project is the later part of October or November. Forest Dillavou, 1725 Huntington Road, stated our kids our future. He discovered today that in the process of redoing Huntington Road the school crosswalk signs were removed. He called Traffic Operations and was told that they did that because they could no longer see the yellow lines and they didn't want people to have to slow down if there wasn't a crosswalk there. Mr. Dillavou stated there is a crosswalk there whether there is yellow lines or not, and he does not feel removing and replacing these signs is good use of city dollars. More importantly, school starts Thursday. Mr. Dillavou stated he called and it appears that had he not called those signs would have not been replaced until the road was completed because that is what he was told. Mr. Dillavou urged the Traffic Department to go out in the city and any place that is being redone where the signs have been removed to get them back up. There is nothing in this town more important than kids. Mr. Dillavou thanked Sandie Greco and her department because the signs at the intersection at Huntington and Wren are back up. Charles Pearson, 41% John Street, reported he is currently working on a project called the Historic East Waterloo and Sullivan Memorial Park Cultural District. Over the years he has come to city council with various ideas and various things about the community. Last year he was before the council on a project with the African-American business directory. Mr. Pearson stated the only reason that they did the directory is so there is something to identify the African- Americans with the cultural district. When he started looking into the downtown cultural district, he saw some voids when it came to preserving heritage and other people's cultures. When he looked at maybe bringing a second cultural district to the table, he figured if we did a second cultural district we would have to look at all the cultures and the different diversity that goes inside with the eastside of Waterloo. For example, the Five Sullivan Brothers. While they are working on the Five Sullivan Brothers Museum, there is no way you can have a museum if you don't set something up to preserve the history of the park. Because the memorial was actually an Irish/Catholic park which is currently across the street from the African American Cultural Museum. So if there were a cultural district you definitely have to implement those two cultural districts. St. Mary's Catholic School just closed and he doesn't think it is going to be open as a school again, but if you talk about historical preservation you would also have to probably include St. Mary's as a historical site. Mr. Pearson stated he thinks the city and our local government has never made an effort in looking at minorities and what they can do for economic development in the City of Waterloo. Mr. Pearson stated he thinks race has always played the biggest factor when it comes to minorities and your opinions about how it can get somewhere. Mr. Pearson stated the reason he and Laura Nash came together was because he thinks the cultural district should partner with the African American Cultural Museum. This year is the 10th anniversary of the attempt to build the African American Cultural Museum. Mr. Pearson stated he went to a meeting and members of the museum were suppose to attend and there were only four representatives, including Ms. Nash, who actually came to this meeting. Mr. Pearson stated when he started thinking about this, he felt the museum is extinct because to him if you have no force to actually make this African American Cultural Museum go what happens is there is no reason to keep pursuing it. Mr. Pearson stated it is great leaders like Sammy Dell and Mannie Holmes and other friends, and if we don't take that extra step in preserving their history it is all lost and gone. Mr. Pearson stated he here supporting Ms. Nash and the African American Museum because the African-American history and Waterloo history all go together. Even though it might not be the best of things and when we look back at it, it might not be how everybody wants it, but how our community can go forward is actually to pursue that history. When you go down East 4th Street, the youth should be able to see instead of a park maybe some signage or something saying welcome to Sullivan Memorial Park, home of the Five Sullivan Brothers who fought in WWII. There should be signs that say welcome to the African American Cultural Museum Box Car, the hours that we are open. There just needs to be attempts to make it a better place. August 21, 2006 Oral Presentations continued Page 8 Getty/Schmitt that the above oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 124062 - Schmitt/Cole that the council adjourn to Executive Session at 6:20 p.m. Ayes: Six. Absent: Greenwood. Motion carried. City Attorney Jim Walsh stated that discussion of Acquisition of Riley Floors property, 300 West Park Avenue, is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(j)(2005). EXECUTIVE SESSION 124063 Schmitt/Gunderson that the council adjourn Executive Session at 6:41 p.m. Ayes: Six. Absent: Greenwood. Motion carried. 124064 - Schmitt/Cole that Planning, Programming & Zoning staff be authorized to proceed. Ayes: Six. Absent: Greenwood. Motion carried. ADJOURNMENT 124065 - Getty/Cole that the Council adjourn at 6:42 p.m. Ayes: Six. Absent: Greenwood. Motion carried. rcALet Nancy Eckert, CMC City Clerk