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HomeMy WebLinkAboutMinutes-08/04/2008• • August 4, 2008 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 4, 2008. Mayor Pro Tem Reggie Schmitt in the Chair. Roll Call: Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Absent: Cole. Moment of Silence. Pledge of Allegiance: Ron Welper, Ward 5 Council Member. 127554 - Welper/Steve Schmitt that the Agenda, as amended, for the Regular Session on Monday, August 4, 2008, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. 127555 - Welper/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, June 28, 2008, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. Mayor Pro Tem Reggie Schmitt presented Coach of the Year to the following: Jon Olson, Greg Wolf, Ria Hansen, Luke Jenson, Andrew Metcalf, Jon Dabney, Marvin Spencer, Jim Moeller, Robin Lund. Mayor Pro Tem Reggie Schmitt presented Character Counts Players of the Year to the following: Austin Ross, Katelyn Kinnetz, Brooke Craig, Trenton Stoakes. Mayor Pro Tem Reggie Schmitt read a Proclamation declaring August 5, 2008 as National Night Out. CONSENT AGENDA 127556 - Welper/Hart 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 AP642, pp. 1-62, dated August 4, 2008, in the amount of $2,292,545.64, 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 Pro Tem assigned No. 2008- 642. b. Motion -to approve the following: 1. Wendy Drinovsky, Systems Coordinator; Rose Davis, Records Clerk; and Molly Volding, Records Clerk; to attend Uniform Crime Reporting Training Conference in Johnston, Iowa on August 19-20, 2008, with costs not to exceed $300.00, including use of city vehicle. 2. Shawn Bram, Police Officer, to attend Basic SRO School in Springfield/Willard, Missouri on August 3-8, 2008, with costs not to exceed $1,453.00, including use of city vehicle. 3. Kye Richter, Police Officer, to attend Armorer Course in Cedar Rapids, Iowa on August 19-21, 2008, with costs not to exceed $511.00, including use of city vehicle. 4. Communication from Superintendent of Traffic Operations transmitting recommendation of appointment of Mathew Vlasak to the position of Traffic Signal Technician II, effective August 5, 2008. c. Beer/Liquor License Permit Application Class C Chapala Mexican Restaurant, 900 LaPorte Road (Renewal) (Expires 8/7/09) (Includes Sunday Sales) August 4, 2008 Consent Agenda continued Page 2 d. Beer License Permit Application Class C A & S Petroleum, Inc., 127 Jefferson Street (Renewal) (Expires 6/29/09) (Includes Sunday Sales) e. Wine License Permit Application Class B A & S Petroleum, Inc., 127 Jefferson Street (Renewal) (Expires 6/29/09) (Includes Sunday Sales) f. Cigarette/Tobacco Permit Application Jim Lind BP Service Station, 230 E. Ridgeway Avenue g. Fireworks Display Application Waterloo Bucks Baseball, 850 Park Road, for August 4 and 5, 2008 Ayes: Six. Absent: Cole. Motion carried. REPORTS 127557 - Getty/Welper that communication from Community Planning and Development Director transmitting Capital Improvements List for Fiscal Year 2009-2013, be received, placed on file and "Resolution approving said capital improvements list", be adopted. Prior to a vote on the above motion, the following comments were heard. Noel Anderson, Community Planning & Development Director, explained that the Capital Improvements Program is a five year plan. Its updated annually to review the needs, goals and financial capabilities of the city of Waterloo. It allows us to look at short-range and long-range planning for each capital improvement project for the City of Waterloo. As part of this process. the Planning and Financial Departments meet with each city department to look at their immediate needs and long term -plans, and then prioritize their projects for the year. Some of the projects included in the immediate year are: the Shaulis Road extension, the Commercial Street extension, Hammond & Ridgeway intersection if the council moves forward with that, levy certification, improving Verdin Creek, Sink Creek and Clark Street drainage, East 6th Street pump replacement, portions of the Riverwalk, the dam projects, improvements to Riverfront Stadium, the parking garages, the public market, demolitions throughout the city, the Chamberlain site, improvements to the airport and to the golf courses. The capital improvements program includes funding sources such as NPO federal dollars, GO Bonds as well as grants and other opportunities. Mr. Anderson, noted that a copy of the plan is on file in the City Clerk's office, Planning and Zoning office and the Waterloo Public Library. Mayor Pro Tem Reggie Schmitt noted that this document is not a static document. The priorities change as the city grows, and projects can move up or down from year to year based on what is going on in the city. 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 Pro Tem assigned No. 2008-643. DOCUMENTS 127558 - Welper/Steve Schmitt that communication from Assistant City Engineer transmitting Change Order No. 3 for a net increase in the amount of $37,997.19 for work performed by Bentley Construction, Inc. of Waterloo, Iowa in conjunction with F.Y. 2008 Sidewalk Repair Program - Zone 7, and Trail Repairs, Contract No. 723, be received, placed on file and approved and Mayor Pro Tem authorized to execute same. Ayes: Six. Absent: Cole. Motion carried. • • • August 4, 2008 Documents continued 127559 - Getty/Hart Page 3 that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $1,539,947.00 with Vieth Construction Corporation of Cedar Falls, Iowa in conjunction with F.Y. 2008 Cedar Valley Renaissance Trail Enhancement, Contract No. 743, be received, placed on file and "Resolution approving said documents", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-644. 127560 - Getty/Hart that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $730,281.00 with Electric Pump, Inc. of Des Moines, Iowa in conjunction with F.Y. 2008 West Commercial Street Stormwater Pumps Base Bid + Alternate 2, Contract No. 750, be received, placed on file and "Resolution approving said documents", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Eric Thorson, City Engineer, reported this project is for the new West Commercial Street that runs behind the TechWorks and the front of Deere's facilities that comes off River Road and runs around to the new Westfield connection to Highway 63 and 218. The project includes a large pump station. They expect to start the project within the next several weeks. Councilperson Getty asked if the pump station will eliminate run off on the corner of Mullan and Jefferson area. Mr. Thorson responded the new pump station will handle the storm water in that whole area, west of West Mullan, around Westfield and the Deere property and the new TechWorks area. 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 Pro Tem assigned No. 2008-645. 127561 - Getty/Hart that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $5,024,362.36 with Cedar Valley Corporation of Waterloo, Iowa in conjunction with F.Y. 2008 West Commercial Street Extension, River Road Relocation, and Storm Water Pump Station Base Bid + Alternates 2 and 3, Contract No. 720, be received, placed on file and "Resolution approving said documents", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-646. 127562 - Steve Schmitt/Welper that communication from Associate Engineer transmitting Notice of Intent for NPDES Coverage Under General Permit with the Iowa Department of Natural Resources in conjunction with F.Y. 2008 Cedar Valley River Renaissance Trail Enhancement, Contract No. 743, be received, placed on file and "Resolution approving said notice of intent", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-647. 127563 - Steve Schmitt/Welper that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Bentley Construction, Inc. of Waterloo, Iowa at total cost of $115,026.04 in conjunction with F.Y. 2008 Sidewalk Repair Program - Zone 7, and Trail Repairs, Contract No. 723, 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 Pro Tem assigned No. 2008-648. August 4, 2008 Page 4 Documents continued 127564 - Steve Schmitt/Welper that communication from Fire Chief transmitting agreement with Wayne Claassen Engineering at a cost of $2,000.00 to prepare plans and specifications for the Hydrant Loop Project at the Regional Training Center, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and City Clerk authorized to execute the same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-649. ORDINANCES TO BE ADOPTED 127565 - Hart/Welper that "an Ordinance amending the 2008 Traffic Code by adding Subsection (15a) Sheffield Street to Section 546, Yield Intersections (install a yield sign on Sheffield Street at the intersection with Regal Avenue)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Cole. Motion carried. 127566 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Cole. Motion carried. 127567 - Hart/Welper that "an Ordinance amending the 2008 Traffic Code by adding Subsection (15a) Sheffield Street to Section 546, Yield Intersections (install a yield sign on Sheffield Street at the intersection with Regal Avenue)", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Cole. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4922. NEW BUSINESS 127568 - Greenwood/Steve Schmitt to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2008 Riverfront Stadium Infield Natural Turf System, be received, placed on file and approved. Ayes: Six. Absent: Cole. Motion carried. 127569 - Greenwood/Steve Schmitt that plans, specifications, form of contract, etc. in conjunction with 2008 Riverfront Stadium Infield Natural Turf System, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 127570 - Greenwood/Steve 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 Pro Tem assigned No. 2008-650. 127571 - Greenwood/Steve Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as August 18, 2008 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 Pro Tem assigned No. 2008-651. 127572 - Greenwood/Steve Schmitt to instruct Contracts and Grants Coordinator to prepare plans, specifications, form of contract, etc. in conjunction with Asbestos Removal, Rath Administration Building, Contract No. 131 -AR -09 -2 -08 -GO, be received, placed on file and approved. Ayes: Six. Absent: Cole. Motion carried. • • • • August 4, 2008 New Business continued 127573 Greenwood/Steve Schmitt Page 5 that plans, specifications, form of contract, etc. in conjunction with Asbestos Removal, Rath Administration Building, Contract No. 131 -AR -09 -2 -08 -GO, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 127574 - Greenwood/Steve 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 Pro Tem assigned No. 2008-652. 127575 Greenwood/Steve Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as August 25, 2008 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 Pro Tem assigned No. 2008-653. 127576 - Greenwood/Steve Schmitt to instruct Superintendent of Central Garage to prepare specifications, bid document, etc. in conjunction with Purchase of one Current Model Year End Loader, be received, placed on file and approved. Ayes: Six. Absent: Cole. Motion carried. 127577 - Greenwood/Steve Schmitt that specifications, bid document, etc. in conjunction with Purchase of one Current Model Year End Loader, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 127578 - Greenwood/Steve Schmitt that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with above described purchase", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-654. 127579 - Greenwood/Steve Schmitt that "Resolution setting date of hearing on specifications, bid document, etc. as August 18, 2008 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: Cole. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-655. 127580 - Greenwood/Steve Schmitt to instruct Building Official/Maintenance Administrator to prepare plans, specifications, form of contract, etc. in conjunction with 2008 Stone Replacement for The Waterloo Public Library, be received, placed on file and approved. Ayes: Six. Absent: Cole. Motion carried. 127581 - Greenwood/Steve Schmitt that plans, specifications, form of contract, etc. in conjunction with 2008 Stone Replacement for The Waterloo Public Library, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 127582 - Greenwood/Steve 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 Pro Tem assigned No. 2008-656. August 4, 2008 New Business continued 127583 - Greenwood/Steve Schmitt that "Resolution setting date of hearing contract, etc. as August 25, 2008 at 5:30 p and taking of bids on the above described instructed to publish notice of same. Ayes: Page 6 on plans, specifications, form of .m. in the City Hall Council Chambers project", be adopted and City Clerk Six. Absent: Cole. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-657. 127584 Hart/Getty that communication from Superintendent of Traffic Operations transmitting request to install two flood lights to be located behind 1621 E. 4th Street and to the east of the driveway of 122 Newell Street, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify MidAmerican Energy of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-658. 127585 Hart/Welper that communication from Community Planning & Development Director transmitting request for a site plan amendment to the "B -P" Business Park District for the Country Club Business Center development generally located at the southeasterly corner of Ansborough Avenue and San Marnan Drive to allow for development of an approximately 14,400 sq. ft. office building and up to four smaller office buildings of approximately 4,000 sq. ft. each, be received, placed on file and "Resolution setting date of hearing as August 18, 2008, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-659. ORAL PRESENTATIONS 127586 - Karen Jones, 5067 Foulk Road, reported she was at tonight's meeting with her neighbors from Foulk Road, East Shaulis and Cedar Terrace Addition, and they are extremely upset that council decided not to talk about waiving the permits for flood victims. Ms. Jones stated she feels it is unconscionable for the city to profit off donated labor, material and the citizens' loss. They are not adding four seasons porches to their homes but are simply bringing the homes back to where they were before the flood. They are hard working, productive citizens who pay taxes. Ms. Jones stated she does not feel it is right for the city to make a huge profit off of their losses, and they are asking council to refund all taxes, permit charges and waive any permit charges into the future. Ms. Jones noted that the Cedar Terrace Addition includes Belle, Ruby, Cedar Crest, Trible, South Crest, Oakridge. Craig McIntyre, 5137 Foulk Road, noted that the cities of Cedar Rapids, Cedar Falls, and Waverly have waived their permit fees and asked why can't Waterloo. Karen Meyer, 4030 East Shaulis Road, reported she has been out of her home since June 10, 2008, and she has been trying to get contractors and people to help her. She has an electrician from Readlyn who wanted to donate some time to help her. He is a licensed electrician in Iowa, but when he went to City Hall he was told he could not do any work unless he took a test in Waterloo. The electrician was told the test is offered once a month, and he would have to pay $300.00 for the privilege of taking such a test. Ms. Meyer asked why is Waterloo so staunch they won't allow a licensed electrician volunteering to come here to help because of having to take this test. Ms. Meyer commented she understands that the city is trying to keep out people who prey on the victims. She has lived in her home for 48 years and never had water in the pit in her basement. Ms. Meyer commented that at the current time everything is out of her home but the walls. Ms. Meyer asked the council to relinquish some of the rules and forego the permit. Ms. Meyer stated she is doing some of the work in her home because she can't afford to hire a lot of it done, her children are helping, but the city is telling her she has to have a permit or be fined up to $500.00. • • • • August 4, 2008 Page 7 Oral Presentations continued Mike Jones, 5067 Foulk Road, reported he has had to wait six weeks to get the electrician to come back from Waverly because he is putting in furnaces and air conditioners, and he is booked up into August this year. Mr. Jones explained that since he had his air conditioner installed this spring before the flood and paid him upfront, the electrician honored him and came back and put him on the list. Otherwise, he was not going to do anything in Waterloo because of all the hoops he has to go through. Mr. Jones stated he moved back into his home a week ago, and he feels it is a hard thing to play ball with the people here in Waterloo. He has lived here all his life and feels it is sad this came down to a $400.00 building permit. Because of some donated labor, the inspectors took off that fee so now it will cost $370.00 just to put things back order, such as sheet rock. Mr. Jones stated they lost all the carpeting, linoleum, and furniture in the basement. Now he has to get another loan from the bank and pay flood insurance on that and it doesn't make sense. Craig McIntyre, 5137 Foulk Road, reported there is a field to the north of East Shaulis where the river or creek broke through, and there is sand strewn all the way through that farmers field. Mr. McIntyre asked if the city going to do anything about building that back up. Mayor Pro Tem Reggie Schmitt responded the city engineer will check on that. Councilperson Getty asked if it is a fact that a contractor or electrician from outside the City of Waterloo is not allowed to work in Waterloo. Louis Cutwright, Building Official/Maintenance Administrator, explained that the State passed a law in January that requires all electricians to be licensed in the State of Iowa no matter where they are. Electricians had to send a letter to the State, the State sent the letter back. The letter was not a license, but it had an official number on it saying that they had applied for a license. The city's Electrical Contractors Board, because of the regulations that have been in place for the last 20 years in Waterloo, requires that the license be accompanied by a test that the individual had taken previously from a national testing organization, the name was Prometric and now it is Experior Block Testing. Mr. Cutwright noted the only thing the city requires is that the contractor show he has taken those tests and then the inspection department will give him a license based upon a reciprocal license with the State. The State offers two types of license. They offer a license that they will issue based on nothing but experience and that is a Class B license. The Class A license is based upon them taking a test. The city's Electrical Contractors Board has decided that we will honor and recognize all Class A licenses issued by the State, but not Class B because of the regulations that the city has had in place for years. Mr. Cutwright explained that the test is not given by the city but by Thompson Prometric. Its given throughout the state of Iowa once a month in one or another city throughout the state. In this region within a radius of 75 miles of Waterloo, it is given approximately six times a year. Councilperson Greenwood stated he feels sorry for the people who have been damaged by the flood and what is the cost to the city to provide the inspection services. Mr. Cutwright responded that the budget every year just to run the Inspection Department is approximately $900,000.00 a year. The permit fees pay for the labor, the cars, and the gasoline necessary to go out and make these inspections. Its not just a profit application, and the permit fees are charged in order to make those inspections. Councilperson Hart asked if other cities around the state or within the Cedar Valley charge a permit fee or is it just Waterloo. Mr. Cutwright responded there are two things we are talking about. We are talking about licensing as opposed to the actual permit fee. Permit fees are generally driven by an ordinance of a city. Most all cities have an ordinance to support their Building Department, then they adopt a permit fee schedule, and Waterloo has adopted a permit fee schedule. Mr. Cutwright stated he received several calls indicating that now that we were impacted by the flood, we don't need a permit to put things back together. But that is not so because a permit is necessary to put things back together. One of the largest problems in a flooding situation is dealing with the electrical. Some individuals think that if its underwater and its now dry on the surface than everything is fine. Most electrical cabling has a paper wrap on the internal side of the vinyl. That paper gets wet and it will very seldom dry out, and any kind of a niche in the internal wire can cause a problem. This is why the need to have a licensed electrician to make the home runs, to go back to the box. August 4, 2008 Page 8 Oral Presentations continued The breakers more than likely have to be changed out, and all of those things have to be looked at. A homeowner could start replacing these things, but the problem that exists is are they correct, do they have the correct runs. Mr. Cutwright stated he has made a suggestion to Mayor Hurley that once the permit has been taken out to make sure the inspections are made and make sure the place is safe then perhaps the council could have a rebate on the permit fees, maybe a percentage, something to help ease the burden that citizens are experiencing. Karen Jones, 5067 Foulk Road, stated she called all her workers to find what the fee was for their permit, and they pretty much had a flat fee, and the flat fee was $35.00 for a electric permit, a flat fee of $15.00 for a water heater installed and $25 for the furnace. The building permit is based on the cost to bring the house back up. Ms. Jones noted that they received from the Planning and Zoning Department a form from FEMA that says that all of these requirements have to be brought back to them to show that she did not lose 50 percent of the assessed value of her home. Ms. Jones stated she was very diligent, made sure everything was in there, and it came to $23,000.00. They based the permit on that $23,000.00, and it is not going to cost $23,000.00 because she is has donated time and material. Ms. Jones how does the city come up with that when there is a flat fee for the electrical, which is one of the most important things in a house. Mayor Pro Tem Reggie Schmitt responded that the fee is based on volunteer labor and donated materials, which are FEMA regulations so that everybody is using the exact same formula. Ms. Jones stated she understands the need for everyone to use the same formula, but she does not feel it is correct for the city to base how much her permit is going to be using her estimated dollar amount. Ms. Jones stated she does not feel it is right when other surrounding cities here decided to waive the fee for a building permit, but Waterloo decided not to discuss it. Welper/Steve Schmitt that the above oral comments be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 127587 - Welper/Steve Schmitt that the council adjourn to Executive Session at 6:20 p.m. Ayes: Six. Absent: Cole. Motion carried. Assistant City Attorney Chris Wendland stated that discussion of strategy in matters in litigation is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(c)(2007). EXECUTIVE SESSION 127588 Welper/Steve Schmitt that the council adjourn Executive Session at 6:51 p.m. Ayes: Six. Absent: Cole. Motion carried. 127589 - Welper/Steve Schmitt that the attorney be authorized to proceed. Ayes: Six. Absent: Cole. Motion carried. ADJOURNMENT 127590 - Hart/Steve Schmitt that the Council adjourn at 6:52 p.m. Ayes: Six. Absent: Cole. Motion carried. Nancy Eckert, CMC City Clerk •