Loading...
HomeMy WebLinkAboutMinutes-12/22/2008• • December 22, 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, December 22, 2008. Mayor Pro Tem Reggie Schmitt in the Chair. Roll Call: Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Moment of Silence. Pledge of Allegiance: Reggie Schmitt, Ward 1 Council Member. 128341 - Welper/Steve Schmitt that the Agenda, as amended, for the Regular Session on Monday, December 22, 2008, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 128342 - Welper/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, December 15, 2008, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 128343 - Welper/Steve Schmitt 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 AP642, pp. 1-63, dated December 22, 2008, in the amount of $2,659,073.35, 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- 1127. b. Motion to approve the following: 1. Rudy Jones, Community Development Director, to travel with the Cedar Valley Coalition Group to meet with Congressional Delegation in Washington, DC on February 27 -March 3, 2009, with costs not to exceed $1,540.00. 2. Mark Boesen, Manager of Rehabilitation Services, to attend recertification for Lead Abatement Contractor and Lead Inspector/Risk Assessor Class in Omaha, Nebraska, on January 5-8, 2009, with costs not to exceed $830.00, including use of city vehicle. 3. Mark Boesen, Manager of Rehabilitation Services, to attend Lead Contractor Refresher Course in Dubuque, Iowa on February 20, 2009, with costs not to exceed $200.00, including use of city vehicle. 4. Nancy Eckert, City Clerk, to attend 63rd International Institute of Municipal Clerks Conference in Chicago, Illinois on May 19-23, 2009, with costs not to exceed $1,530.00. 5. Tim Hurley, Mayor; and Noel Anderson, Community Planning & Development Director; to travel with the Cedar Valley Coalition Group to meet with Congressional Delegation in Washington, DC on March 1-3, 2009, with costs not to exceed $1,450.00 each. 6. Bob Stringer, Human Resources Director, to attend NPELRA 2009 Annual Training Conference in San Antonio, Texas on April 4-8, 2009, with costs not to exceed $2,389.93. c. Liquor License Permit Application." Class E New Star Liquor, 1625 West 4th Street (Renewal) (Expires 12/10/09) (Includes Sunday Sales) Hy -Vee Food & Drugstore, 1422 Flammang Drive (Renewal) (2/08/10) (Includes Sunday Sales) Kwik Stop, 1761 Independence Avenue (New) (Expires 1/1/10) (Includes Sunday Sales) December 22, 2008 Page 2 Consent Agenda continued d. Beer License Permit Application Class B New Star Liquor, 1625 West 4th Street (Renewal) (Expires 12/10/09) (Includes Sunday Sales) e. Wine License Permit Application Class B New Star Liquor, 1625 West 4th Street (Renewal) (Expires 12/10/09) (Includes Sunday Sales) Hy -Vee Food & Drugstore, 1422 Flammang Drive (Renewal) (Expires 2/08/10) (Includes Sunday Sales) Kwik Stop, 1761 Independence Avenue (New) (Expires 1/1/10) (Includes Sunday Sales) f. Beer License Permit Application Class C Hy -Vee Food & Drugstore, 1422 Flammang Drive (Renewal) (Expires 2/08/10) (Includes Sunday Sales) The Pit Stop, 1459 Ansborough Avenue (Renewal) (Expires 2/03/10) (Includes Sunday Sales) Kwik Stop, 1761 Independence Avenue (New) (Expires 1/1/10) (Includes Sunday Sales) g• Liquor License Permit Application Class A Veterans of Foreign Wars, 1408 Commercial Street (Renewal) (Expires 1/14/10) (Includes Sunday Sales) h. Beer/Wine License Permit Application Special Class C Grout Museum, 503 South Street (New) (Expires 12/15/09) (Includes Sunday Sales) i. Outdoor Service Area Application Grout Museum, 503 South Street j. Cigarette/Tobacco Permit Application Kwik Stop, 1761 Independence Avenue Ali West Side Liquor, 919 West 5th Street Save More Food, 1975 Franklin Street Infinite Liquor, 1309 Lafayette Street Ayes: Seven. Motion carried. HEARINGS & BIDS 128344 - Getty/Cole that proof of publication of notice of public hearing on Purchase of Three John Deere 4 -Wheel Drive Utility Tractors With Attachments, as published in the Waterloo Courier on December 8, 2008,, be received and placed on file. Ayes: Seven. Motion carried. 128345 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there,.were none. Getty/Hart that the hearing be closed. Ayes: Seven. Motion carried. 128346 - Getty/Hart that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of Three John Deere 4 -Wheel Drive Utility Tractors With Attachments", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-1128. 128347 - Getty/Welper that "Resolution authorizing to proceed in conjunction with above purchase", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-1129. • • • • December 22, 2008 Hearings & Bids continued Page 3 128348 - Getty/Hart to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Amount Waterloo Implement, Waterloo, IA $96,474.00 Waverly Implement, Waverly, IA $98,320.00 Great American Outdoors, Urbandale, IA $98,559.00 Ayes: Seven. Motion carried. 128349 - Hart/Cole that proof of publication of notice of public hearing on Purchase of Tennant S30 Sweeper, as published in the Waterloo Courier on December 12, 2008, be received and placed on file. Ayes: Seven. Motion carried. 128350 This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Hart/Cole that the hearing be closed. Ayes: Seven. Motion carried. 128351 - Hart/Cole that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of Tennant S30 Sweeper", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-1130. 128352 - Hart/Cole that "Resolution authorizing to proceed in conjunction with above purchase", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-1131. 128353 - Hart/Cole to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review:' Bidder Tennant International Ayes: Seven. Motion carried. 128354 - Steve Schmitt/Hart Bid Amount $37,308.22 that proof of publication of notice of'public hearing on Purchase of One Current Year Single Axle Dump Truck with 12 -Foot Box, as published in the Waterloo Courier on December 12, 2008, be received and placed on file. Ayes: Seven. Motion carried. 128355 This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Steve Schmitt/Hart that the hearing be closed. Ayes: 128356 - Steve Schmitt/Hart Seven. Motion carried. that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of One Current Year Single Axle Dump Truck with 12 - Foot Box", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-1132. December 22, 2008 Hearings & Bids continued 128357 Steve Schmitt/Hart Page 4 that "Resolution authorizing to proceed in conjunction with above purchase", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-1133. 128358 Steve Schmitt/Hart to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Central Garage for review: Bidder Truck Country of Iowa, Cedar Rapids, IA Ayes: Seven. Motion carried. DOCUMENTS 128359 - Hart/Steve Schmitt Bid Amount With Trade-in $83,163.00 $82,763.00 that communication from Airport Director transmitting Change Order No. 1 for a net increase in the amount of $13,126.70 for work performed by Allied Construction Company of Charles City, Iowa in conjunction with Rehabilitation of GA Apron, Phase 1, at Waterloo Regional Airport, be received, placed on file and approved and Mayor Pro Tem authorized to execute same. Ayes: Seven. Motion carried. 128360 - Hart/Steve Schmitt that communication from Associate Engineer transmitting Change Order No. 2 for a net decrease in the amount of $4,991.30 for work performed by Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2007 Midport Boulevard Extension, Contract No. 717, be received, placed on file and approved and Mayor Pro Tem authorized to execute same. Ayes: Seven. Motion carried. 128361 - Getty/Hart that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Peterson Contractors, Inc. of Reinbeck, Iowa at a total cost of $322,872.90 in conjunction with F.Y. 2007 Midport Boulevard Extension, Contract No. 717, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance bond be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-1134. 128362 Getty/Hart that communication from Community Development Director transmitting application with Black Hawk County Gaming Association for grant in the amount of $100,000.00, with no required local match, to be used to supplement the Emergency Home Repair Program, be received, placed on file and "Resolution approving said application", be adopted and Mayor Pro Tem authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Mayor Pro Tem Reggie Schmitt noted that this is the second application to Black Hawk Gaming for emergency repairs. Isle of Capri awarded $90,000.00 to the city last time. Of the $90,000 00, 22 homes were repaired, one in Ward 1, eight in Ward 3, ten in Ward 4 and three in Ward 5. There were 13 new roofs and five water service repairs, plus other repairs. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-1135. • • • December 22, 2008 Page 5 Documents continued 128363 - Cole/Hart that communication from Community Planning & Development Director transmitting lease agreement with Lee Rottinghaus at a cost of $145.00 per acre to farm approximately 67 acres of land generally located along the east side of Northeast Drive between Martin Luther King Jr. Drive and Independence Avenue, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-1136. 128364 - Cole/Hart that communication from Community Planning & Development Director transmitting lease agreement with Michael Cook at a cost of $90.00 per acre to farm approximately 9 acres of land generally located on both the north and south sides of Martin Luther King Jr. Drive between Idaho Street and Northeast Drive, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-1137. 128365 Cole/Hart that communication from Community Planning & Development Director transmitting lease agreement with Lee Rottinghaus at a cost of $90.00 per acre to farm approximately 11 acres of land generally located along the east side of Northeast Drive between Martin Luther King Jr. Drive and Independence Avenue, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-1138. 128366 - Welper/Cole that communication from Planner II transmitting request of Howard Allen for tax exemptions on improvements totaling $190,000.00 for property located at 1329 LaPorte Road located in the Consolidated Urban Revitalization Area, 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: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-1139. 128367 Welper/Cole that communication from Building Official/Maintenance Administrator transmitting Mutual Assignment of FCC Licenses and Reconfiguration Certifications with Nextel West Corp. in conjunction with Sprint/Nextel 800 MHz Switchover project, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-1140. 128368 - Steve Schmitt/Welper that communication from Community Planning & Development Director transmitting request to accept and approve acquisition of property generally located at 125 Conger Street, as granted by court order pursuant to Section 657A.10A of the Iowa Code, be received, placed on file and "Resolution accepting and approving acquisition of said property", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-1141. 128369 Steve Schmitt/Welper that communication from Director of''Caltura'1 & Arts Commission transmitting application with Black Hawk County Gaming Association for a grant in the amount of $109,100.00 for support of a new satellite Phelps Youth Pavilion and Waterloo Center For The Arts' mission and collections, be received, placed on file and "Resolution approving said application", be adopted and Mayor Pro Tem authorized to execute same. December 22, 2008 Page 6 Documents continued Prior to a vote on the above motion, the following comments were heard. Councilperson Steve Schmitt inquired as to how much of the $109,000.00 would be used to fund the satellite operation at Crossroads Center. Councilperson Steve Schmitt stated that he is raising this question because it seems to him going back a few years when we headed down the road of gambling that one of the purposes of all the proceeds from the gambling was supposed to be tax reduction. Councilperson Steve Schmitt stated he,doesn?,t see that happening, and it seems to him that we are consistently going..tto the Gaming Commission for things like this item. Councilperson Steve Schmitt stated that earlier council approved Item 8 on the agenda, which was an application for funding for the emergency home repair program. That program seems like a logical use of those funds, but he is not sure that spending this kind of money on an outreach program at Crossroads is the best use of that money. Mayor Pro Tem Reggie Schmitt stated that Cammie Scully, Director of Cultural & Arts Commission, is not at tonight's meeting to answer council's questions. Mayor Pro Tem Reggie Schmitt noted that we are talking about two different buckets of money. The money for the tax abatement is the home city fee in lieu of the sales tax. This is by state law the money that they are holding out the 5.74 percent. Jim Walsh, City Attorney, noted that the application to Black Hawk County Gaming Association is discretionary on their part. They do have an obligation under the agreement with the city to use half their funds for local government projects, but those are competitive, so the city submits competitive projects. The council is asked to approve these projects because the money is going to be spent through the city. All city projects are subject to debate and discussion, and he would urge council to do that for projects that they don't think are meritorious. If people in the departments shouldn't be submitting them than council has to regulate that. The departments are doing what they are suppose to do, which in this case promotes ats'in the community. The two applications to the Black Hawk County Gaming Associati'&25n'are two separate matters. Councilperson Greenwood asked if we know anything about the project or what the total budget would be and will we have to hire a position to run it if the grant is awarded. Councilperson Hart stated he has some of the same questions as Councilperson Greenwood, and he would have liked to have seen a little bit more information. There was a sheet provided to council from Cammie Scully, but it was vague. In answer to a question from Councilperson Greenwood, Michelle Weidner, Chief Financial Officer, reported that the applications are due to the Black Hawk County Gaming Association by January 1, 2009. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-1142. 128370 Greenwood/Steve Schmitt that communication from Executive Director of Human Rights Commission transmitting Memorandum of Understanding with Iowa Civil Rights Commission for case closure reimbursements for the `pe'r'iod cif July 1, 2008 to June 30, 2009, be received, placed on file and "Resolution approving said Memorandum of Understanding", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-1143. RESOLUTIONS TO BE ADOPTED 128371 Greenwood/Steve Schmitt that communication from Building Official/Maintenance Administrator transmitting request to extend existing plumbing and HVAC licenses to June 30, 2009 to cover the period between January 1 -June 30, 2009, be received, placed on file and "Resolution approving said extension", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-1144. • December 22, 2008 NEW BUSINESS 128372 - Greenwood/Steve Schmitt Page 7 that communication from Superintendent of Traffic Operations transmitting request to install street light at the intersection of West San Marnan Drive and Bankers Boulevard, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify MidAmerican Energy of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-1145. 128373 - Cole/Hart to instruct Contracts and Grants Coordinator to prepare plans, specifications, form of contract, etc. in conjunction with General Obligation Bond Demolition Project, Contract No. 162 -D -GO -01-20-09, be received, placed on file and approved. Ayes: Seven. Motion carried. 128374 - Cole/Hart that plans, specifications, form of contract, etc. in conjunction with General Obligation Bond Demolition Project, Contract No. 162 -D -GO -01-20-09, be received and placed on file. Ayes: Seven. Motion carried. 128375 - Cole/Hart 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 Pro Tem assigned No. 2008-1146. 128376 - Cole/Hart that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as January 20, 2009 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 Pro Tem assigned No. 2008-1147. 128377 - Cole/Hart to instruct Building Official/Maintenance' Administrator to prepare plans, specifications, form of contract,' e Ci` in'conjunction with HVAC Upgrade for Center For The Arts, be received, placed on file and approved. Ayes: Seven. Motion carried. 128378 - Cole/Hart that plans, specifications, form of contract, etc. in conjunction with HVAC Upgrade for Center For The Arts, be received and placed on file. Ayes: Seven. Motion carried. 128379 - Cole/Hart 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 Pro Tem assigned No. 2008-1148. 128380 - Cole/Hart that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as January 26, 2009 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'Lgia'e. ,Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-1149. December 22, 2008 Page 8 ORAL PRESENTATIONS 128381 - Councilperson Steve Schmitt stated he wanted to share a couple of recent experiences. About six or eight weeks ago he received a phone call from a friend, Randy Walls, who lives north of town on Logan Avenue. His friend commented on how many of the street lights were out on Highway 63 and Logan Avenue coming into downtown. This was about the same time that Forrest Dillavou spoke at a council meeting and made the same comment about University Avenue, and Councilperson Getty spoke that same night about our street light situation. Councilperson Steve Schmitt stated he talked to Sandie Greco and Mike Massina and another person from MidAmerican Energy about these issues. They both had the same problems we have had all summerwith the weather and the floods and getting behind on things. The .pr-flems, were primarily facility related. MidAmerican Energy mentioned that they, had a couple of special crews working specifically on the lighting situation. Councilperson Steve Schmitt stated that he received a call within the last couple of weeks from Randy Walls thanking the city because he said every street light on highway 63 and Logan Avenue is now on. Councilperson Steve Schmitt stated he was driving back on University Avenue from an event at UNI last week, and every street light was on. Councilperson Steve Schmitt stated he thinks this is a good example of a partnership between a public and private group in getting that job done. Councilperson Steve Schmitt complimented Sandie Greco and her department. Councilperson Steve Schmitt also complimented Steve Decker and his group with the Street Department for all the good work they are doing. With all the weather we have had in the last week or ten days, he has received calls from folks about plowing issues, but typically before he can call the Street Department those issues are taken care of. Councilperson Steve Schmitt wished everybody a Merry Christmas and Happy New Year. Welper/Steve Schmitt that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 128382 - Welper/Steve Schmitt that the Council adjourn at 6:00 p.m. Ayes: Seven. Motion carried. t - Nancy Eckert, CMC City Clerk • •