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HomeMy WebLinkAboutMinutes-08/10/2009• • August 10, 2009 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 10, 2009. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Prayer by Mayor Hurley. Pledge of Allegiance: Bob Stringer, Human Resources Director. 129613 - Reggie Schmitt/Steve Schmitt that the Agenda, as amended, for the Regular Session on Monday, August 10, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 129614 Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, August 3, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation declaring August 12-15, 2009 as Women of Color Networking Days. CONSENT AGENDA 129615 - Reggie Schmitt/Steve Schmitt 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. 1-63, dated August 10, 2009, in the amount of $2,422,207.01, 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. 2009-788. 2. Communication from Police Chief transmitting request of Main Street Waterloo, the Waterloo Community Schools and the City of Waterloo to hold the Mayor's Fitness Day on September 17, 2009 from 9:30 a.m. to 12:00 p.m. at Lincoln Park, including a 1 -mile fun run to begin and end at Lincoln Park. Resolution adopted and upon approval by Mayor assigned No. 2009-789. b. Motion to approve the following: 1. Jim Bartlett, Police Officer; and Todd Wilson, Analyst; to attend 2009 MidStates Organized Crime Information Center Annual Conference and Training Session in Duluth, Minnesota on August 24-28, 2009, with costs not to exceed $1,041.64, including use of city vehicle. 2. Numerous Public Safety Officers to attend 2009 MidStates Organized Crime Information Center Annual Conference and Training Session in Duluth, Minnesota on August 24-28, 2009, with costs not to exceed $5,000.00. 3. Mark Boesen, Manager of Rehabilitation Services, to attend 2nd Day Training - Lead Inspector/Risk Assessor for Iowa Department of Public Health Certification in Council Bluffs, Iowa on August 17-18, 2009, with costs not to exceed $425.00, including use of city vehicle. c. Beer/Liquor License Permit Application Class C Triple D, 921 Broadway Street (Renewal) (Expires 8/31/10) (Includes Sunday Sales) Kings & Queens Tap, 304-306 W. 4th Street (Renewal) (Expires 8/27/10) (Includes Sunday Sales) d. Liquor License Permit Application Class E Wal-Mart Supercenter, 1334 Flammang Drive (Renewal) (Expires 9/30/10) (Includes Sunday Sales) August 10, 2009 Page 2 Consent Agenda continued e. Wine License Permit Application Class B Wal-Mart Supercenter, 1334 Flammang Drive (Renewal) (Expires 9/30/10) (Includes Sunday Sales) f. Beer License Permit Application Class C Wal-Mart Supercenter, 1334 Flammang Drive (Renewal) (Expires 9/30/10) (Includes Sunday Sales) Ayes: Seven. Motion carried. HEARINGS & BIDS 129616 Hart/Steve Schmitt that proof of publication of notice of public hearing on Williston/18th & US 218 Washington Traffic Safety Project, CS -TSF -8155(707)-85-07, as published in the Waterloo Courier on July 31, 2009, be received and placed on file. Ayes: Seven. Motion carried. 129617 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Steve Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 129618 - Hart/Steve Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Williston/18th & US 218 Washington Traffic Safety Project, CS -TSF -8155(707)-85-07", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-790. 129619 - Hart/Steve Schmitt that "Resolution authorizing to proceed in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-791. 129620 - Hart/Steve Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Traffic Operations for review: Bidder Bid Bond Bid Amount KWS, Inc., Cedar Falls, IA 10% $94,784.00 Ayes: Seven. Motion carried. HEARINGS 129621 Steve Schmitt/Welper that proof of publication of notice of public hearing on request of John Rice to Rezone from "C-1" Commercial District to "C-2" Commercial District With Conditions approximately 1.04 acres generally located at 2260 Independence Avenue at the southeast corner of Independence Avenue and Bishop Avenue for the purpose of establishing an auto sales lot with incidental repair as well as tire and detailing shop, as published in the Waterloo Courier on July 31, 2009, be received and placed on file. Ayes: Seven. Motion carried. 129622 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Councilperson Getty stated he received phone calls from a couple of residents who are concerned with changing the zoning for this property, and that they were not happy with the auto sales lot as proposed along with the incidental repairs and tire repair and detailing. Councilperson Getty noted that the rezoning application is from Mr. Rice, but the property is owned by Mr. Ehlers. • • August 10, 2009 Page 3 Hearings continued The application says that Mr. Rice is in the process of purchasing or will eventually purchase the property from Mr. Ehlers if this is a successful business. Councilperson Getty stated that the citizens question if the property will revert back to "C-1" if its not successful or will it stay at "C-2" on this corner. The property across the street had the same problem for years so the neighbors are concerned. Noel Anderson, Community Planning & Development Director, explained that the property would remain "C-2" with conditions. The restrictive covenant allows any "C-1" use, but the only "C-2" use that would be allowed would be the auto retailing shop and tire repair shop. It would remain "C-2" with conditions unless the Council were to take action to rezone it back to a "C-1". Steve Schmitt/Welper that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission and oral comments be received and placed on file. Ayes: Seven. Motion carried. 129623 - Steve Schmitt/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 402 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Nays: Getty. Motion carried. 129624 - Steve Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nays: Getty, Steve Schmitt. Motion failed. DOCUMENTS 129625 - Cole/Reggie Schmitt that communication from Building Official/Maintenance Administrator transmitting addendum to Janitorial Contract with ABM Janitorial to add Wastewater Treatment Plant at a cost of $1,325.82 per month, be received, placed on file and "Resolution approving said addendum", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-792. 129626 - Cole/Reggie Schmitt that communication from Police Chief transmitting 28E Agreement with Iowa Alcoholic Beverages to provide tobacco enforcement, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-793. 129627 - Cole/Reggie Schmitt that communication from Building Official/Maintenance Administrator transmitting Completion of Project and Recommendation of Acceptance of Work performed by ACCO Unlimited Corp. of Johnston, Iowa at a cost of $129,179.00 for Gates Pool Filter Replacement & Painting, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-794. 129628 - Cole/Reggie Schmitt that communication from Associate Engineer transmitting Addendum to Grade Crossing Surface Repair Agreement with Iowa Department of Transportation and Chicago, Central and Pacific Railroad Company for grade crossing surface repairs at Dearborn Street to use rubber surface material at main line crossing instead of composite material, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-795. August 10, 2009 Page 4 Documents continued 129629 - Cole/Reggie Schmitt that communication from Associate Engineer transmitting request from Ament, Inc. of Waterloo, Iowa to use contingency fee in the amount of $6,180.26 in conjunction with F.Y. 2006 Donald Street Trail, Contract No. 700, be received, placed on file and "Resolution approving said request", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-796. RESOLUTIONS TO BE ADOPTED 129630 - Cole/Reggie Schmitt that the request from Waterloo Municipal Band for discretionary hotel/motel tax in the amount of $22,275.00 for this year's summer program, 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. Councilperson Hart asked if it is possible to have some type of application where it can be attached to goals, whether its to put heads on beds or if its to bring out the best of what the city has. Councilperson Hart stated he feels there needs to be some parameters because it gets a little hard to justify when people call you on the telephone and ask you questions or if you ask about a particular program trying to receive funding or whether or not they submit. Mayor Hurley stated that not so long ago we were dealing with $20,000.00, $60,000.00 and in 2009 we had $132,000.00 of discretionary money. Those dollars have gone to some very worthy efforts, including internal efforts. One of the biggest portions of that is with our own Waterloo Police Department and now the Fire Department for overtime during events. Mayor Hurley stated he certainly hopes we wouldn't hold this resolution hostage, and that he is hearing Councilperson Hart say that going forward lets get a formal application process. Councilperson Hart stated that he would take a gentleman's agreement that whatever happens with this resolution that we immediately get something put on paper that would identify the goals of what council foresees with these discretionary monies. He is not really looking for an application deadline, but at least be able to justify. We are not really asking for a whole lot of accountability. We probably can see the works of the fire department and police department, but after the usage of the money, whether its a year, could we at least have them say we had five concerts, and we had 200 people that came to the event. We have to have some type of accountability from the people who receive discretionary funding. Councilperson Hart stated that Councilperson Welper asked a question last week about originally asking for "X" amount of dollars and then having that siphoned down, which is rational because there is only so much money. Have the council be a little bit more engaged in the process from the start so that the mayor doesn't have to bear all the brunt and try to answer those questions as why they go from $30,000.00 or whatever it was to $24,000.00? Mayor Hurley suggested scheduling a council work session for next week to discuss what we have tried before and find out what council would like for parameters and process, etc. Mayor Hurley stated that in their request the Municipal Band did talk about how they use their money, and he was personally involved so he could give personal witness to what goes on with the band. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2009-797. NEW BUSINESS 129631 - Getty/Hart to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2009 Riverview Recreation Area Trail Enhancements, be received, placed on file and approved. Ayes: Seven. Motion carried. • • • • • August 10, 2009 Page 5 New Business continued 129632 Getty/Hart that plans, specifications, form of contract, etc. in conjunction with 2009 Riverview Recreation Area Trail Enhancements, be received and placed on file. Ayes: Seven. Motion carried. 129633 Getty/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 assigned No. 2009-798. 129634 - Getty/Hart that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and taking of bids as August 24, 2009 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-799. 129635 - Hart/Reggie Schmitt that communication from Community Planning & Development Director transmitting request for authorization to seek Requests for Proposals for sale of property located at 2554-2556 Edgemont, be received, placed on file and "Resolution setting date of hearing as September 8, 2009, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-800. 129636 - Hart/Reggie Schmitt that communication from Community Planning & Development Director transmitting request for authorization to seek Requests for Proposals for sale of property located at 325 Rath Street, be received, placed on file and "Resolution setting date of hearing as September 8, 2009, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-801. 129637 - Hart/Reggie Schmitt that communication from Community Planning & Development Director transmitting request for authorization to seek Requests for Proposals for sale of property located at 1604 Garden Avenue, be received, placed on file and "Resolution setting date of hearing as September 8, 2009, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-802. 129638 - Welper/Steve Schmitt that communication from Fire Chief transmitting request for authorization to seek bids for Water Rescue Equipment, be received, placed on file and "Resolution setting date of hearing as September 8, 2009, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-803. August 10, 2009 Page 6 ORAL PRESENTATIONS 129639 - Michael Allen, 411 Candlewick Road, stated its kind of nice to hear the National Anthem and the Pledge of Allegiance because basically what you are hearing and what you are talking about is what is good for everybody. You wonder what seems to be the problem if the National Anthem and everybody is for everybody, why are we having so much chaos. Mr. Allen congratulated Mayor Hurley for everything he has done, that he will be missed, and he applauds everything Mayor Hurley has done, and the new Mayor will have a good baseline when he takes office. Mr. Allen stated he was here tonight to ask the city to look at something like the Waterloo Public Schools are looking at, facilities. Mr. Allen asked the mayor and all the council members to stand up, and he asked them to stand up because the seats that they are sitting in are all the same. He is saying that to them because he thinks if one of them would come to a council meeting and the seat was different, not so comfortable, an iron seat, they would probably wonder what is going on. Mr. Allen stated he is bring this to them because he is in a situation, we are in a situation, the Chambers is in a situation, and Waterloo is in a situation where its facilities in Waterloo are not the same with the taxpayers' money. The facilities at Gates Park Golf Course, the facilities with our taxpayers' money are not the same. The restroom facilities are not the same. The restaurant facilities are not the same. They are not adequate and for those who are his age know about Brown vs. the Board of Education, know about Plessey vs. Ferguson that separate but equal never exist. We had one of the best golf trainers in the Nation at the Waterloo Open. We bring in amateurs and professionals. The amateurs play at Gates and at South Hills. When they qualify they go to Iry Warren. There were two amateurs at Gates and South Hills who then went to Iry Warren and made the comment to him on the driving range that what is wrong with the facility and the restrooms at Gates Park, and that is something we should never hear. They had a golf tournament this weekend, the Swingers Golf Tournament, with people from Milwaukee, Illinois, Minneapolis and the locals. They could not sit in the restaurant because the roof was leaking and the lights were not working. Mr. Allen stated that when you talk about equal rights for all, he applauds South Hills, he applauds Iry Warren, but he is dissatisfied with Gates. Carole Gustafson, 209 Forest Avenue and representing the West Central Neighborhood Association, noted they have been in existence for 2% years. They are very concerned with the number of liquor stores that have been opening up in and around their neighborhood. In the past year, there have been five liquor stores opened up within a ten block radius of Six Corners. Its too much liquor going in and out of their neighborhoods, its attracting the wrong kind of people coming into those neighborhoods for the wrong reasons, and its causing an increase in crime, thefts, loitering and damage to property. They are requesting the city take a hard look at the applications for expansion and what is already there because it just is not a good situation. Many people have lived in these neighborhoods for 40 to 50 years and now they are scared to leave their homes. They are scared to go to the community businesses and it shouldn't be that way. Ms. Gustafson stated the second thing she has been asked to address to the council is the number of properties that are located to the south side of the Byron Street Hy -Vee. These properties have changed hands within the last five or six years. The people who own these properties right now are really not doing a good job of up keeping the properties. There are a lot of people who are renting these properties who are not doing a good job of keeping the properties in good sanitary conditions. There us a kit if loitering around the community of the Byron Street Hy -Vee. They are seeing an increase of crime. She can't tell how many times the police have been called to the Byron Street Hy -Vee either because of thefts in the store, thefts outside the store, fights outside the store, near riots outside the store. This is a neighborhood with 90 percent older citizens, people who are scared to death of what is changing in their community. Ms. Gustafson submitted copies of letters that the association sent to the people who own the properties in question. They hope these property owners they will come to their next association meeting and directly address some of the concerns. Ms. Gustafson encouraged the council to do anything within their power to put landlords and property owners to a high standard because it affects all of the community when we see the kinds of chaos that is taking place right now in her neighborhood. Mayor Hurley explained that a few weeks ago the council passed a resolution placing a 120 day moratorium on new liquor/beer/wine licenses, so that the Planning Department can do research and the necessary homework to put a good ordinance together that addresses this problem. Existing licensed establishments are legal, but one of the things we do is keep a watch on calls for service from the Police Department or even the Fire Department. If they get to a point they are a nuisance, the council looks at that at renewal time. In the meantime the 120 day moratorium allows staff time to look at an ordinance that slows down this rampage of new liquor outlets. • • • August 10, 2009 Page 7 Oral Presentations continued Mayor Hurley stated he will give a copy of the list to Lou Cutwright, who oversees the Code Enforcement Officers, and we will send folks over to see what is going on. Ms. Gustafson stated they had the code enforcement person to their Neighborhood Association meeting, they had a long dialog with him, and he was very helpful. He said that he wanted to do everything he could, but his hands are tied to a great extent, and he made suggestions of some people that we could contact within the city. This is property that is not being maintained, and its in deplorable condition. It reminds her a lot of how the apartments were that used to be on West Donald, just the scourge of the community and now they've been taken over by a new agent and they have been fixed up, and the people who live there are being held to a higher standard. Those same kinds of steps need to be taken with the people who own the properties by Byron Street. Mayor Hurley asked if West Central Neighborhood Association had an event on National Night Out. Ms. Gustafson replied they did not as some of their key people were out of town. Tammi Schloemer, 1345 Ingersoll Road, stated that a few Fridays ago, a little girl got hit by a car on the corner of Edgewood and Ingersoll. There is not a stop sign nor a yield sign. Ms. Schloemer stated she talked with Councilperson Reggie Schmitt and Sandie Greco. They had a person come out and do a survey, but her question is how many days do they get to keep a survey for them to be able to take a survey. If its only for a day, you really can't get approximately how many people come up and down the street. We have plenty of little kids on that area. Sandi Greco, Superintendent of Traffic Operations, stated Traffic Operations does a 24 hour speed count, either on Tuesday, Wednesday or Thursday. They check with the Police Department to see if there were any accidents, anybody hit, anything within the last five years. They do an aerial from Black Hawk County mapping system and go out and view if there are any visibility problems. They gather all that information together and come up with the study and then they let the neighborhood know if it qualifies for a stop sign. They have to follow the guidelines of the METCD. If it doesn't warrant a stop sign, the city cannot just put one in. Traffic Operations is not done with the study, and she will notify Ms. Schloemer as soon as they are done with the study. Ms. Schloemer stated there is not even a sign saying the speed limit, there is just a "No Parking" on one side. There are a lot of kids on this street ranging in age from 5 to 17. A lot of parents are outside with their kids, and a lot of drivers speed down that street. Mayor Hurley stated the city will continue through the process, and he appreciates Ms. Schloemer contacting Councilperson Reggie Schmitt and the Traffic Department because a lot of times this is the only way the city knows there are trouble spots. Ms. Schloemer asked why its only for 24 hours. Ms. Greco responded that the city follows the METCD guidelines, which includes 24 hour speed count. We use the 24 hour speed count for speed humps and any of the traffic studies. Paul Huting, Leisure Services Director, noted that in response to Mike Allen's comments the council approved a $79,830.00 new roof at last week's council meeting for the Gates Park Pro Shop Reroofing Project. We did build new restrooms for Gates Pro Shop more recently than any of the others, and there is no restaurant at all at South Hills. Cole/Reggie Schmitt that the above oral comments be received and placed on file and Council adjourn at 6:14 p.m. Ayes: Seven. Motion carried. Nanc�rt, CMC City Clerk