Loading...
HomeMy WebLinkAboutMinutes-01/08/2007January 8, 2007 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, January 8, 2007. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper,. Gunderson, Greenwood, Getty, Schmitt. Absent: Cole. Moment of Silence. Pledge of Allegiance: 124749 - Schmitt/Kincaid Bob Stringer, Human Resources Director. that the Agenda, as amended, for the Regular Session on Monday, January 8, 2007, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion. carried. 124750 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, January 2, 2007, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. Mayor Hurly recognized Fire Chief Ned DeBerg for 30 years of service. CONSENT AGENDA 124751 - Schmitt/Kincaid that the following items on the consent agenda be received, placed on file and approved: a. Resolution to approve the following: 1. Resolution approving Schedule AP640, pp. 1-66, dated January 8, 2007, in the amount of $2,138,602.89, 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. 2007-17. b. Motion to approve the following: 1. Mike Jenn, Fire Captain; and Darryl Hartema, Mechanic; to travel to Weweuwega, Wisconsin and Appleton, Wisconsin on January 2, 2007, with costs not to exceed $450.00. 2. Chris Western and Tim Andera, Associate Planners, to attend the Uniform Acquisition Standards Land Acquisition Design Course in Ames, Iowa on January 24-25, 2007, with costs not to exceed $470.00 each, including use of city vehicle. 3. Edward Savage and Tyler Rice, Police Officers, to attend Iowa Law Enforcement Academy in Johnston, Iowa on January 15 - April 13, 2007, with costs not to exceed $8888.32, including use of city vehicle. c. Wine License Permit Application Class B Hy -Vee, 1422 Flammang Drive (Renewal) (Expires 2/8/08) (Includes Sunday Sales) d. Beer License Permit Application Class C Hy -Vee, 1422 Flammang Drive (Renewal) (Expires 2/8/08) (Includes Sunday Sales) e. Liquor License Permit Application Class E Hy -Vee, 1422 Flammang Drive (Renewal) (Expires 2/8/08) (Includes Sunday Sales) f. Beer/Liquor License Permit Application Class C Mustang Bar, 1927 Jefferson Street (New) (Expires 1/22/08) (Includes Sunday Sales) Ayes: Six. Absent: Cole. Motion carried. January 8,.2007 HEARINGS & BIDS Page 2 124752 - Getty/Schmitt that proof of publication of notice of public hearing on Five Sullivan Brothers Convention Center Security Alarm, as published in the Waterloo Courier on December 19, 2006, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124753 - 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: Cole. Motion carried. 124754 - Getty/Schmitt that "Resolution confirming approval of specifications, form of contract, etc. in conjunction with Five Sullivan Brothers Convention Center Security Alarm", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-18. 124755 Getty/Schmitt that "Resolution authorizing to proceed in conjunction with above said project", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-19. 124756 - Getty/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review: Bidder Bid Bond Bid Amount Freeman Lock & Alarm, Cedar Rapids, IA $736.25 $14,722.83 Radio Communications, Waterloo, IA 5% $23,883.40 Hawkeye Alarm, Waterloo, IA $600.00 $11,856.00 Ayes: Six. Absent: Cole. Motion carried. 124757 - Gunderson/Welper that proof of publication of notice of public hearing on Purchase of Eight Patrol Cars, as published in. the Waterloo Courier on December 22, 2006, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124758 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Welper that the hearing be closed. Ayes: Six. Absent: Cole. Motion carried. 124759 - Gunderson/Welper that "Resolution confirming approval of specifications, form of contract, etc. in conjunction with the Purchase of Eight Patrol Cars", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-2p. 124760 - Gunderson/Welper that "Resolution authorizing to proceed in conjunction with above said purchase", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-21. January 8, 2007 Hearings & Bids continued Page 3 124761 - Gunderson/Welper to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Central Garage for review: Bidder Price Each Bid Amount Stivers Ford, Waukee, IA $21,260.75 $170,086.00 Dick Witham Ford, Waterloo, IA $21,639.00 $173,112.00 Ayes: Six. Absent: Cole. Motion carried. UNFINISHED BUSINESS 124762 - Greenwood/Welper that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $80,500.00 to Ram Building Restoration and Waterproofing of Little Canada, Minnesota in conjunction with East Park Avenue Parking Ramp Repair - Phase I, be received, placed on file and "Resolution approving award of said contract", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson asked what is the total estimated cost to fix the ramp. Lou Cutwright, Building Official/Maintenance Administrator, responded we have a total estimated cost of about $1.6 million from Earth Tech, the engineering company, to bring it back to its proper condition. Mr. Cutwright reported that the entire project will be phased in over a three year period. The first section is stabilizing some of the structural portions of the front ramp and getting those in proper condition and then we are going to be looking at the upper decks. That will include stabilizing and fixing the exposed concrete and putting toppings on them. After that is completed, we will then go to the lower decks. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-22. DOCUMENTS 124763 - Greenwood/Welper that communication from Associate Engineer transmitting Change Order No. 2 for a net increase in the amount of $14,039.40 for work performed by Dolan Excavating, LLC of Manchester, Iowa in conjunction with F.Y. 2005 Winn Street Extension, Contract No. 692, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Motion carried. 124764 Greenwood/Welper that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Dolan Excavating, LLC of Manchester, Iowa at a total cost of $449,549.90 in conjunction with F.Y. 2005 Winn Street Extension, Contract No. 692, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond be received and placed on file. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-23. 124765 Greenwood/Welper that communication from Airport Director transmitting Completion of Project and Recommendation of Acceptance of Work performed by Cedar Valley Corporation at a_ total cost of $1,222,309.80 in conjunction with the Terminal Apron Rehabilitation Project at Waterloo Regional Airport, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-24. January 8, 2007 Documents continued 124766 - Greenwood/Welper Page 4 that communication from Senior Planner transmitting request of Donald Beenken for tax exemptions on improvements totaling $200,000.00 for 1005 Short Street 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: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-25. 124767 - Greenwood/Welper that communication from City Engineer transmitting agreement with Craig Ritland Landscape Architects of Waterloo, Iowa for Landscape Architect Services at a maximum cost of $17,800.00 in conjunction with streetscape improvements for the 100-300 blocks of East Fourth Street, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-26. 124768 - Greenwood/Welper that communication from Building Official/Maintenance Administrator transmitting Contracts, Bonds and Certificates of Insurance in the amount of $80,500.00 with Ram Building Restoration and Waterproofing of Little Canada, Minnesota in conjunction with East Park Avenue Parking Ramp Repair - Phase I, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-27. RESOLUTIONS TO BE ADOPTED 124769 - Welper/Kincaid that "Resolution approving communication from Contracts and Grants Coordinator transmitting request to forgive demolition assessments for 516 Rhey Street 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: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-28. 124770 - Welper/Kincaid that communication from Mayor Hurley transmitting request of National Wrestling Coaches Association for discretionary hotel/motel funds in the amount of $3,000.00 to support the National Dual Meeting Wrestling Championships hosted at UNI on January 13-14, 2007, be received, placed on file and "Resolution approving said request", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley reported there is currently $4,537.00 available in the discretionary fund. If council approves this request, there will be a balance of $1,537.00. We will receive our next influx of money on July 1, 2007. The Cedar Falls Tourism Bureau has awarded $2,500.00, and the Cedar Valley Sports Commission has stepped forward with something around $4,400.00, and the association is soliciting help from other organizations. Mayor Hurley stated that our hotels and motels are full this coming weekend. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-29. NEW BUSINESS 124771 - Kincaid/Schmitt instruct Building Official/Maintenance Administrator to prepare plans, specifications, form of contract, etc. in conjunction with Byrnes & Gates Swimming Pools Bath House Remodel, be received, placed on file and approved. Ayes: Six. Absent: Cole. Motion carried. • • January 8, 2007 New Business continued 124772 - Kincaid/Schmitt Page 5 that plans, specifications, form of contract, etc. in conjunction with Byrnes & Gates Swimming Pools Bath House Remodel, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124773 - Kincaid/Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-30. 124774 - Kincaid/Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as February 5, 2007 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: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-31. 124775 - Schmitt/Welper that communication from City Planner requesting to rescind Ordinance No. 4809 due to an error in the legal description on vacation of portions of Hallowell Road and Willow Street, north of the railroad tracks, be received, placed on file and "Resolution setting new date of hearing as January 22, 2007, at 5:30 p.m. in the City Hall Council Chambers on the above described vacation", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-32. 124776 - Schmitt/Welper that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $1,125.28 for work performed by the Water Works at 733 Denver Street, together with recommendation of approval of Waterloo Water Works Board of 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: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-33. 124777 - Schmitt/Welper that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $1,145.65 for work performed by the Water Works at 325 Ricker Street, together with recommendation of approval of Waterloo Water Works Board of 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: Cole. Resolution adopted and upon approval by Mayor assigned No. 2007-34. ORAL PRESENTATIONS 124778 - James B. Robison spoke on grass being cut on 121 Sumner Street that is in an estate that is unsettled from his mother. They cut the grass when he wasn't there and charged him $263.00, and he has a problem with that because they should have seen someone already started doing some work because he had already cut part of the fence line, and the second problem is that they said they took 3.75 hours. Mr. Robison stated there is no way it could have taken that long because the whole lot is only 60 x 140 and the square footage of the house is 668 feet. He lives on Newell Street on three acres and can cut his entire yard in 3% hours. He has driven to this property on his tractor, which is a 20hp hydrostat saber tractor with a hydrostatic drive which moves pretty slow, but he can drive to this property, cut the grass and go back to his house and not be gone three hours. Mr. Robison stated he has pictures of the property, both before and after. Mr. Robison noted he is dealing with this estate, he has to get these houses together, is dealing with helping his niece raise three children, trying to work and other legal problems, and he doesn't have time for anybody trying to defraud him. The neighborhood residents were watching, saw him cutting the brush and saw how much brush he hauled out of there and the days leading up to that. January 8, 2007 Oral Presentations continued The barber shop next door is pretty busy with people coming and going, and they saw him cut the yard. The children in the neighborhood walked up to him, and they said that they walk through the yard all the time and they saw it too. Mr. Robison stated he has looked at the ordinance and it is his understanding that a person can just file a complaint against a property and then the city sends a Code Enforcement Officer out to see if that property is in violation of the ordinance. Mr. Robison asked if the Code Enforcement Officers ignore all the other properties that are around it that might have similar violations. Mayor Hurley responded no, but the city does not have several hundred people to camp out on each property so that is why we respond as called. James Robison stated that any direction that you come in from any street, there are violations. The lot that sits on the corner of Linn and Cottage, which is a city lot, the grass was like this and it hadn't been cut for at least a couple of years. Mr. Robison stated the pictures that he has shows when he was cited for the grass. The reason he is taking so many pictures is because he is constantly going down and looking at the property. Mr. Robison stated he discovered on his way to work on September 13, 2006 that two sides of the siding had been stolen from the backend side and the side of the house. He called the Police Department and Police Officer Erie came out, and Officer Erie did not take any pictures, didn't take any prints or anything like that so he went to the Police Department the next day and got a copy of the police report, which costs $10.00. The police report listed the value of his siding as being a loss of $1.00 and that was pretty upsetting. The siding is 8 inches wide and was put on the house in the 60s. Mr. Robison stated you can see in the pictures after September 13, 2006 that the grass was not taller than 8 inches because you are looking at the siding on the house. Mr. Robison stated they cited him back in August, and he and his cousin had just cut the grass the first of August so if the grass was only just that tall in September, how could the city cite him in August. Mr. Robison asked the council to look at the pictures after the council meeting so they can wrap this up. Page 6 Mayor Hurley stated this is not the place to wrap it up, but council may want to look at the pictures before they make a decision. Mayor Hurley strongly recommended that council members find out from Waste Management Services and Code Enforcement their end of it. James Robison reported he was also cited for the house on Newell Street because of the cars, and he has spoken with Lou Cutwright. His parents bought the house in 1963 to move away from Sumner because of the trouble and it was not a safe environment to raise their two children. From day one, his father parted out cars and he junked them. That was how he was able to afford it because of what he was making at the time. This was all before any ordinances came into play, and Newell Street was beyond Beech Street at the time and was a dirt road. Mr. Robison stated they keep citing him, and he tells them that that they have been doing this before any ordinances came into play. Mr. Robison asked the council for a list of all businesses that were grandfathered in when they changed the law because they were already doing it and engaged in this existing activity, and he asked under what circumstances were they grandfathered in. Mayor Hurley responded he is not aware of any residents, businesses, or addresses that were grandfathered in. James Robison stated it is not a business, his father just did this part time for extra money, but it is not a junk yard. That is why he bought so far out, and they own three acres. Mayor Hurley stated Mr. Robison's premise that the city grandfathered anyone may be erroneous. When an ordinances changes as a city law that typically is applicable to all addresses. James Robison stated he is not trying to start a junk yard. Mr. Robison stated he had a house fire and two kids burned up right across the street from it, and four months later his mother died, three months later his other uncle died and in between all of this he is dealing with three houses. Mr. Robison stated he has pictures of Mr. Cutwright's house and pictures of city garages. Mr. Robison stated the address for the issue about the cars is 1555 Newell Street. Mr. Robison stated he is also in the middle of remodeling. Some of the cars his mother never had a license, she never had a license after she had an accident. Mayor Hurley stated presuming this is a property maintenance code issue, and if Mr. Robison has an issue, if he has been cited, this is something that the appeals board could take up, but we need the information and he asked Mr. Robison to send a memo or something. • • January 8, 2007 Oral Presentations continued James Robison stated the thing to do is go out to 121 Sumner, look at the yard, look at the house. There is a bar sitting right next to it. The house and the yard together are barely as big as the bar. Mr. Robison stated 121 Sumner Street is in reference to the invoice he received for mowing, and there is no way that Waste Management could have took 3.75 hours to cut the yard. James Robison stated he spoke with the lady and asked how could you take that long because everybody who lives around there said what did they do cut it with scissors. Mr. Robison stated he can cut the yard in an hour, no matter how tall the grass. Mr. Robison stated if anybody thinks he is lying, he has pictures of the yard. He will cut the yard in front of the council and show them that it does not take 3.75 hours to cut this yard. Page 7 Getty/Schmitt that the above oral comments be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. ADJOURNMENT 124779 - Schmitt/Gunderson that the Council adjourn at 6:08 p.m. Ayes: Six. Absent: Cole. Motion carried. Nancy ckert, CMC City Clerk