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HomeMy WebLinkAboutMinutes-08/17/2009• • August 17, 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 17, 2009. 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: Rudy Jones, Community Development Director. 129640 - Welper/Steve Schmitt that the Agenda, as proposed, for the Regular Session on Monday, August 17, 2009, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. 129641 - Welper/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, August 10, 2009, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. Mayor Pro Tem Reggie Schmitt read a Proclamation declaring September 5, 2009 as Welcome Home Iowa Veterans' Day. Mayor Hurley now in the chair at 5:37 p.m. CONSENT AGENDA 129642 - 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. 1-88, dated August 17, 2009, in the amount of $4,943,460.94, 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. 2009-804. 2. Communication from City Clerk transmitting request of Heal The Family, Inc. for a variance to the Noise Ordinance on August 22, 2009 from 12:00 p.m. to 4:00 p.m. in conjunction with Take Back The Community Event to be held at Sullivan Park, including a PA system and a DJ, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2009-805. 3. Communication from Police Chief transmitting request of Ivan Wieland II, President of Screaming Eagle American Bar and Grill, to extend the Thursday Night Bike Nite to include the entire month of October 2009 and extend each night's event to end at 11:00 p.m. to complete clean up of the outside area, with beer sales to end at 9:30 p.m. and the event closed down at 10:00 p.m.. Resolution adopted and upon approval by Mayor assigned No. 2009-806. 4. Communication from Fire Chief transmitting request to hold MDA Boot Block on September 4-7, 2009 from 10:00 a.m. to 2:00 p.m. at the intersections of Franklin & E. 3rd Street; Ansborough & Downing; Kimball & Ridgeway; and LaPorte Road & San Marnan. Resolution adopted and upon approval by Mayor assigned No. 2009-807. August 17, 2009 Page 2 Consent Agenda continued b. Motion to approve the following: 1. Kent Shankle, Curator, to pick up artwork in Minneapolis, Minnesota on August 19-20, 2009, with costs not to exceed $350.00, including use of city vehicle. 2. Greg Stewart, Medical Officer; Mike Spence, Engineer; Mike Moore, Training Officer; Steve Weliver, Captain; and Ty Graham, Engineer; to attend Inflatable Boat Operations Class on July 15-16, 2009, with costs not to exceed $1,000.00, including use of city vehicle. c. Liquor License Permit Application Class E Kwik Stop, 1761 Independence Avenue (New Owner) (Expires 8/30/10) (Includes Sunday Sales) Kwik Stop, 1104 Washington Street (New Owner) (Expires 7/26/10) (Includes Sunday Sales) d. Beer/Liquor License Permit Application Class C New World Lounge II, 120 Sumner Street (Renewal) (Expires 9/14/10) (Includes Sunday Sales) The Penalty Box, 118 Commercial Street (Renewal) (Expires 9/18/10) (Includes Sunday Sales) Ma Ma Nick's Circle Pizzeria, 1934 Washington Street (Renewal) (Expires 9/9/10) (Includes Sunday Sales) e. Beer License Permit Application Class C Kwik Stop, 1761 Independence Avenue (New Owner) (Expires 8/30/10) (Includes Sunday Sales) Kwik Stop, 1104 Washington Street (New Owner) (Expires 7/26/10) (Includes Sunday Sales) f. Wine License Permit Application Class B Kwik Stop, 1761 Independence Avenue (New Owner) (Expires 8/30/10) (Includes Sunday Sales) Kwik Stop, 1104 Washington Street (New Owner) (Expires 7/26/10) (Includes Sunday Sales) g. Beer/Wine License Permit Application Special Class C Young Arena, 125 Commercial Street (Renewal) (Expires 9/6/10) (Includes Sunday Sales) h. Beer License Permit Application Class C Tobacco Outlet Plus, 1803 LaPorte Road (Renewal) (Expires 10/14/09) (Includes Sunday Sales) i. Second Hand Goods Dealers License Application Hometown Cash Advance, 323 Franklin Street j. Cigarette/Tobacco Permit License Application Kwik Stop, 1761 Independence Avenue k. Outdoor Service Area Application The Penalty Box, 118 Commercial Street Ayes: Six. Absent: Cole. Motion carried. HEARINGS & BIDS 129643 - Hart/Greenwood that proof of publication of notice of public hearing on Purchase of One New 2007 Log Loader Truck, as published in the Waterloo Courier on August 10, 2009, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. • • • August 17, 2009 Page 3 Hearings & Bids continued 129644 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Reggie Schmitt that the hearing be closed. Ayes: Six. Absent: Cole. Motion carried. 129645 - Hart/Reggie Schmitt that "Resolution approving recommendation of Superintendent of Central Garage to purchase new 2007 Log Loader Truck from V&H Trucks Inc., of Marshfield, Wisconsin at a cost of $168,817.00, with discounts and trade in", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2009-808. PETITIONS FROM PUBLIC 129646 - Getty/Greenwood that communication from Associate Engineer transmitting request of Crystal Distribution Services to place concrete between the sidewalk, back of curb and the existing driveway approaches in front of their property at 1435 Sycamore Street, be received, placed on file and "Resolution approving said request", be adopted Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2009-809. DOCUMENTS 129647 - Getty/Greenwood that communication from Associate Engineer transmitting Change Order No. 1 for a net increase in the amount of $685.28 for work performed by K. Cunningham Construction Co., Inc. in conjunction with F.Y. 2007 Cyclone Drive/Titan Trail, Contract No. 727, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Motion carried. 129648 - Getty/Greenwood that communication from Community Development Director transmitting agreement and Funding Approval Forms with U.S. Department of Housing and Urban Development for Community Development Block Grant Recovery Program Substantial Amendment for funding in the amount of $373,140.00 for use on housing rehabilitation and emergency repair activities for eligible homeowners, be received, placed on file and "Resolution approving said agreement and documents", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2009-810. 129649 - Getty/Greenwood that communication from Community Development Director transmitting Subrecipient Agreement with Cedar Valley Tech. Works, Inc. for Economic Development Initiative (EDI) funds for a forgivable loan in the amount of $176,400.00 to assist in renovation, construction and build -out of the Cedar Valley Tech. Works Technology Center, 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. 2009-811. 129650 - Greenwood/Steve Schmitt that communication from Leisure Services Director transmitting Supplemental Agreement No. 8 with AECOM at a estimated cost of $104,000.00 for final design of Mark's Park and Performance Structure, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. August 17, 2009 Page 4 Documents continued Doug Schindel, Project Engineer for AECOM, reported that there are preliminary drawings available. Marks Park is a splash park, and space is being creating for that in the Lower Plaza Project, adjacent to the US Bank. This project will have utilities and be bid as part of the Lower Plaza, and the equipment will be bid as part of the Marks Park Project. The performance structure cannot be a band shell because its in the floodway of the Cedar River, and there is a preliminary design of the performance structure that will be going in later as part of the Lower Plaza Project. The Amphitheatre seating will actually be shaped into the river side face of the levee looking out towards the river and at the performance structure. The only thing that will be in the floodway are the two columns that support the performance structure. There is a model with a no rise on that due to the fact that the levee is actually being pushed landward from that towards the US Bank parking lot and Marks Place is on top of the levee, which is above the flood zone or the 100 year flood levels and the levee design frequency. Both the performance structure and Marks Park have received generous donations from the Young family and the Black Hawk County Gaming Association. Mr. Schindel noted that they hope to bring the plans next month to council for the Lower Plaza, which will include at least the walls for Marks Park space. Later they will proceed with the design of the actual features within Marks Park. Mr. Schindel stated that the project is probably a year out. 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. 2009-812. 129651 - Greenwood/Steve Schmitt that communication from Assistant City Engineer transmitting revised Construction Plans for Paving Serving Tower Park Drive Extension Tower Park No. 5, as submitted by VJ Engineering of Cedar Falls, Iowa, 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. 2009-813. 129652 - Steve Schmitt/Greenwood that communication from Community Planning & Development Director transmitting an agreement with Iowa Department of Economic Development for Community Development Block Grant Business Disaster Recovery funding for disaster impacted business sites for up to six months free rent for businesses renting space fee, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Aric Schroeder, City Planner, explained that they have been taking applications for the rent assistance program for over a month, with around 40 plus applications already in the file, or somewhere between $350,000.00 to $400,000.00 of eligible assistance based on the applications that have already been submitted. 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. 2009-814. 129653 - Steve Schmitt/Greenwood that communication from Community Planning & Development Director transmitting request from Economic Development Administration for additional information for further consideration of $7 million grant for funding of the design and construction of lift stations at Blowers Creek, Vinton, Dry Run, Virden and Westfield, be received, placed on file and "Resolution approving submission of additional information", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. • • • • August 17, 2009 Page 5 Documents continued Mayor Hurley explained the lift stations are part of the city's flood mitigation plan. We originally asked for over $8 million, and they are signaling that we would be eligible for $7 million if we answer these questions. This would give the city a great start on the major big lift stations in the priority that we have all agreed upon. We have applied for other grants for our match requirement. 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. 2009-815. RESOLUTIONS TO BE ADOPTED 129654 - Welper/Reggie Schmitt that "Resolution accepting and approving acquisition of property generally located at 326 Courtland Street, as granted by court order pursuant to Section 657A of the Iowa Code", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2009-816. 129655 - Welper/Reggie Schmitt that communication from Fire Chief transmitting request to accept the Centers for Disease Control and Prevention grant (FIRE PALS) in the amount of $238,000.00 for school based injury prevention and juvenile fire setters prevention program, be received, placed on file and "Resolution accepting said grant", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2009-817. 129656 - Reggie Schmitt/Hart that communication from Airport Director transmitting request to authorize Modern Builders of Waverly, Iowa to make emergency repairs at a cost of $55,517.00 to replace sidewall hangar metal sections at the airport damaged in recent wind storm, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2009-818. 129657 - Reggie Schmitt/Hart that communication from Airport Director transmitting request to authorize Giese Roofing of Dubuque, Iowa to make emergency repairs at a cost of $85,984.00 to replace three roof sections at the airport damaged in the recent wind storm, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2009-819. ORDINANCES TO BE ADOPTED 129658 - 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", (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 purpose of establishing an auto sales lot with incidental repair and tire and detailing shop) be received, placed on file, considered and passed for the second time. Ayes: Five. Nays: Getty. Absent: Cole. Motion carried. 129659 - Steve Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Four. Nays: Getty, Steve Schmitt. Absent: Cole. Motion failed. August 17, 2009 Page 6 NEW BUSINESS 129660 - Hart/Reggie Schmitt that communication from City Planner transmitting San Marnan Development Plan Amendment No. 2 to include vacant commercial areas and existing residential areas along Kimball Avenue, north of Highway 20, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as September 14, 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: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2009-820. 129661 - Hart/Reggie Schmitt that communication from City Planner transmitting request to rezone from "A-1" Agricultural District and "R-2" One and Two Family Residence District to "R-2" One and Two Family Residence District approximately 11.39 acres generally located on Lots 1, 8, 9 and Tract A of Silver Lakes Estates to provide for existing residential lots to have homes rebuilt on them, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as September 14, 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: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2009-821. 129662 Getty/Hart to instruct Building Official/Maintenance Administrator to prepare plans, specifications, form of contract, etc. in conjunction with 2010 ADA Accessibility Plan - University Avenue and Greenhill Road, be received, placed on file and approved. Ayes: Six. Absent: Cole. Motion carried. 129663 - Getty/Hart that plans, specifications, form of contract, etc. in conjunction with 2010 ADA Accessibility Plan - University Avenue and Greenhill Road, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 129664 - Getty/Hart 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. 2009-822. 129665 - Getty/Hart that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and taking of bids as September 8, 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: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2009-823. ORAL PRESENTATIONS 129666 - Mayor Hurley noted that council approved on the consent agenda the Fire Department's request to hold the MDA Boot Block on September 4-7, 2009. Some of the members of the Fire Department were in attendance at that time. The Boot Block will be at Franklin and 3rd Street by Station 1, Ansborough and Downing by Stations 4 and 3, Kimball and Ridgeway by Station 6, and La Porte Road and San Marnan by Stations 5 and 8 from 10:00 a.m. to 2:00 p.m. Doug Carter, Fire Chief, noted that the fire fighters were here to answer any questions. They will be promoting it more in the next couple of weeks to make sure the information is out there. They are doing it as safely as possible, with additional safety precautions and the MDA is stepping up for insurance purposes. • • • • August 17, 2009 Page 7 Oral Presentations continued Mayor Hurley noted that they introduce themselves as the new volunteer MDA coordinators. Firefighters Garrett Gingrich, Sam Hess and Josh Meyer all are new members of the Waterloo Fire Rescue within the last year and half, and all have come from the Armed Services from the Army National Guard, active Army duty and from the Marine Corp Reserve. Hart/Reggie Schmitt that the above oral comments be received and placed on file and that the Council adjourn at 6:01 p.m. Ayes: Six. Absent: Cole. Motion carried. Nancy Eckert, CMC City Clerk