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HomeMy WebLinkAboutMinutes-12/07/2009• • December 7, 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, December 7, 2009. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Moment of Silence. Pledge of Allegiance: Sandie Greco, Superintendent of Traffic Operations. 130306 - Reggie Schmitt/Steve Schmitt that the Agenda, as amended, for the Regular Session on Monday, December 7, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 130307 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, November 23, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Bruce Clark of Liberty Bank presented the Community of Character Award to the Cedar Valley. Mayor Hurley recognized Chuck Meinders for 34 years of service; Rick Westphal and Steve Scanlon for 30 years of service. CONSENT AGENDA 130308 - 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. 1-94, dated December 7, 2009, in the amount of $4,261,620.77, 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. 2009-1176. 2. Communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $1,926.30 for work performed by the Water Works at 1024 Vine Street, together with recommendation of approval of Board of Water Works Trustees. Resolution adopted and upon approval by Mayor assigned No. 2009-1177. 3. Communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $593.65 for work performed by the Water Works at 506 Denver Street, together with recommendation of approval of Board of Water Works Trustees. Resolution adopted and upon approval by Mayor assigned No. 2009-1178. b. Beer License Permit Application Class C Ali's West Side Liquor, 919 W. 5th Street (Renewal) (Expires 12/19/10) (Includes Sunday Sales) c. Liquor License Permit Application Class C Balkan Grill, 926 LaPorte Road (Renewal) (Expires 11/21/10) (Includes Sunday Sales) Red Lobster #6267, 941 E. San Marnan Drive (Ownership Change) (Expires 3/11/10) Olive Garden Italian Restaurant #1489 (Ownership Change) (Expires 5/29/10) d. Liquor License Permit Application Class E . Ali's West Side Liquor, 919 W. (Includes Sunday Sales) 5th Street (Renewal) (Expires 12/19/10) December 7, 2009 Page 2 Consent Agenda continued e. Wine License Permit Application Class B Ali's West Side Liquor, 919 (Includes Sunday Sales) W. 5th Street (Renewal) (Expires 12/19/10) f. Recycling Yard License Applications for Approval Airline Auto Plaza, 1346 W. Airline A -Line Iron and Metal, 808 Dearborn A -Line Iron and Metal 1500 David Alter Trading, 1500 W. Airline Chase Auto Parts, 1041 Sheffield Chase Auto Parts, 1117 Sheffield Jones Metals, 2452 Burton Kevin's Car and Truck, 953 Fulton Midwest Auto Parts, 275 Rampart New Deal Auto Salvage, 612 Power Northside Auto, 821 Dearborn Pat's Auto Salvage, 924 Lowell Pat's Auto Salvage, 945 Lowell Pat's Auto Salvage, 1000 Lowell Pierce Used Cars, 1500 Commercial Plum's R&B, 2630 W.C.F.& N. Drive Quail's Auto Salvage, 202 Glendale R's Recycling, 110 Court Avenue Tournier Recycling, 900 Fulton Vic Fuller Salvage 2112 Mitchell Vic Fuller Salvage 2113 Mitchell Waterloo Auto Parts, 1491 David Waterloo Auto Parts, 1501 Grandview Weekley's Recycling, 105 Dunham Place Wilber Auto Body, 2220 Easton g. Recycling Yard License Applications for No Action Litzkow Auto Parts, 1720 Black Hawk h. Bonds Prior to a vote on the above motion, the following comments were heard. Councilperson Getty asked if Pat's Auto Salvage has a license to operate. Noel Anderson, Community Planning & Development Director, responded that he is in compliance after an inspection was done on the properties. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. HEARINGS & BIDS 130309 - Steve Schmitt/Welper that proof of publication of notice of public hearing on F.Y. 2010 Office Furniture Update Project for Police Department, as published in the Waterloo Courier on November 20, 2009, be received and placed on file. Ayes: Seven. Motion carried. 130310 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Steve Schmitt/Welper that the hearing be closed. Ayes: Seven. Motion carried. 130311 - Steve Schmitt/Welper that "Resolution confirming approval of specifications, bid document, etc. in conjunction with F.Y. 2010 Office Furniture Update Project for Police Department", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-1179. • • • • December 7, 2009 Page 3 Hearings & Bids continued 130312 - Steve Schmitt/Welper that "Resolution authorizing to proceed in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-1180. 130313 - Steve Schmitt/Welper to receive, file and instruct Deputy City Clerk to open and read bids and refer to Police Chief for review: Bidder Bid Amount Kirk Gross Co., Waterloo, IA $41,045.58 Dimensions, Waterloo, IA $36,442.72 Ayes: Seven. Motion carried. 130314 - Greenwood/Steve Schmitt that proof of publication of notice of public hearing on Archaeological Services for Hazard Mitigation Grant Program (HMGP) Property Acquisition Project - Public Assistance (PA) Demolition, as published in the Waterloo Courier on November 27, 2009, be received and placed on file. Ayes: Seven. Motion carried. 130315 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Steve Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 130316 - Greenwood/Steve Schmitt that "Resolution confirming approval of Request for Proposal, contract, etc. in conjunction with Archaeological Services for Hazard Mitigation Grant Program (HMGP) Property Acquisition Project - Public Assistance (PA) Demolition", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-1181. 130317 - Greenwood/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. 2009-1182. 130318 - Greenwood/Steve Schmitt to receive, file and instruct Deputy City Clerk to open and read bids and refer to Community Planning & Development Director for review: Monitoring of demolition, Phase I Archaeological Study if required Bidder (lump -sum cost for all properties) (per property cost) Louis Berger Company Marion, Iowa Ayes: Seven. Motion carried. $36,925.00 $1,200.00 December 7, 2009 Page 4 UNFINISHED BUSINESS 130319 - Reggie Schmitt/Welper that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $55,985.00 to Magee Construction Company of Cedar Falls, Iowa in conjunction with F.Y. 2010 Fletcher Avenue Flood Gate Repairs, Contract No. 753, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-1183. PETITIONS FROM PUBLIC 130320 - Reggie Schmitt/Welper that communication from City Planner transmitting request of Turn Key Associates, L.C. for a minor site plan amendment to the "B -P" Business Park District for the development of an office complex on Lot 1 of Greenbelt Centre Plat No. 3 to be located at the northeast corner of Greyhound Drive and Athens Drive, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-1184. 130321 - Reggie Schmitt/Welper that communication from Community Planning & Development Director transmitting Development Agreement with Antioch Baptist Church to sell and convey property generally located at 317 Oneida Street for $1,320.00, be received, placed on file and "Resolution setting date of hearing as December 14, 2009, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and Deputy City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-1185. REPORTS 130322 - Reggie Schmitt/Welper that communication from Waterloo Water Works General Manager transmitting Calendar Year 2010 Budget, be received, placed on file and "Resolution approving said Calendar Year 2010 Budget", be adopted and Deputy City Clerk instructed to file same with the Black Hawk County Auditor. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-1186. DOCUMENTS 130323 - Getty/Hart that communication from Building Official/Maintenance Administrator transmitting Change Order No. 1 for a net increase of $20,200.00 for work performed by Stickfort Construction of Cedar Falls, Iowa in conjunction with F.Y. 2010 ADA Accessibility Plan, University Avenue and Greenhill Road, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 130324 - Getty/Hart that communication from Assistant City Engineer transmitting Recommendation of Acceptance of Work performed by B & B Builders and Supply of Waterloo, Iowa for Greenbelt Center for the West Ridgeway Avenue Two -Way Left Turn Lane - Phase I Improvements, 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 assigned No. 2009-1187. • • December 7, 2009 Page 5 Documents continued 130325 - Getty/Hart that communication from Community Planning & Development Director transmitting Memorandum of Understanding with Iowa Northland Regional Council of Governments at a maximum cost of $1,000.00 for grant writing services for a Low Head Safety Dam Program grant for construction of downtown portages along the Cedar River Water Trail, be received, placed on file and "Resolution approving said Memorandum of Understanding", be adopted and Mayor and Deputy City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-1188. 130326 - Getty/Hart that communication from Leisure Services Director transmitting completion of project and final payment of $16,368.00 for work performed by B & B Builders & Supply of Waterloo, Iowa for 2009 Riverview Recreation Area Trail Enhancements, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-1189. 130327 - Cole/Reggie Schmitt that communication from City Planner transmitting contracts and promissory notes for Disaster Recovery Business Rental Assistance Program with the following: Rock King, LP, 109 Jefferson Street, for $50,000.00; Dajerabby, Inc., 228 E. 4th Street, for $50,000.00; The Tiki Bar, 229 E. 4th Street, for $18,000.00; Gold Comb, 311 W. 4th Street, for $7,200.00; Silver Threads, Inc., 328 E. 4th Street, for $5,400.00; Impact Marketing Technologies, Inc., 110 Fletcher Avenue, for $11,924.52; Technology Resources International, Inc., 722 Water Street, for $3,000.00; Schmitt Telecom Partners, Inc., 722 Water Street, for $15,000.00; Blue River Bar, 315 W. 4th Street, for $15,000.00; The Loop, 528 Mulberry Street, for $4,200.00; Walden Pawn, 223 W. 4th Street, for $4,200.00; Mi3rdeye Photography, 501 Sycamore Street, for $3,000.00; Stoner's Radiator Service, LTD, 724 Jefferson Street, for $20,013.96; Iowa Sports Center, LLC, 1719 Commercial Street, for $7,200.00; Jameson's, 310 E. 4th Street, for $15,360.00; Waterloo Barber College, 722 Water Street, for $42,000.00; Cummings Ventures II dba Butt Ugly's Saloon, 728 Commercial Street, for $16,200.00; The Drunken Monkey, 307 W. 4th Street, for $11,182.50; BioMarkinetics, LLC, 219 W. 4th Street, for $7,200.00; and New York Life, 722 Water Street, for $3,499.98, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Seven, with Councilperson Steve Schmitt abstaining on Technology Resources International, Inc., Schmitt Telecom Partners, Inc. because he is the owner of these business; Waterloo Barber College, New York Life because they are tenants. Resolution adopted and upon approval by Mayor assigned No. 2009-1190. 130328 - Cole/Reggie Schmitt that communication from Community Planning & Development Director transmitting Right of Entry Agreement with Operation Threshold and Department of Corrections to allow drilling of test wells on the future Human Services Campus, 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. 2009-1191. RESOLUTIONS TO BE ADOPTED 130329 - Welper/Steve Schmitt that "Resolution canceling December 28, 2009, Council meeting due to the Christmas Holiday", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-1192. December 7, 2009 Page 6 Resolutions to be Adopted continued 130330 - Welper/Steve Schmitt that "Resolution renaming portions of public streets serving the Techworks Addition generally located off River Road, Westfield Avenue, Jefferson Street and unnamed public street generally described as the southerly extension of West Commercial Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-1193. 130331 - Steve Schmitt/Welper that "Resolution approving the Driver's License and Accident Policy for the City of Waterloo, Iowa", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley stated that these are policies that, through a series of events, have been brought to the floor and there was a grievance on an incident that went to arbitration. Mayor Hurley stated that the city lost that arbitration and so the message from the arbitrator was to fix this. Mayor Hurley stated that he met with staff and the insurance carrier to fix these policies. Mayor Hurley referenced new items of change to the policy. Councilperson Steve Schmitt asked if our insurance carrier was in agreement, and Mayor Hurley responded that they are. Councilperson Hart asked if the vehicle was a city vehicle or personal vehicle in the arbitration that the city lost. Mayor Hurley responded that it was a personal vehicle but the individual had a job that required a valid driver's license. Council deliberated on wording on the moving violations. Frank Dowie, PDCM Insurance, stated that there are certain standards in the insurance industry where a person with 4 minor violations in 3 years is more likely to have an accident. Mayor Hurley referenced more items of change to the policy. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Cole, Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-1194. ORDINANCES TO BE ADOPTED 130332 - Greenwood/Steve Schmitt that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa for the Storm Water Management Program", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley referenced the changes that were made to the ordinance. Wayne Castle, Associate Engineer, stated that the railroad tracks and ballast were exempted for Canadian National and the rail yard was included. Mayor Hurley continued to reference the changes that were made to the ordinance. Councilperson Steve Schmitt asked what the timeliness of this was and if this was going to take place at the first of the year. Mayor Hurley stated he would like to get it through the three readings before the end of the year. Councilperson Steve Schmitt stated that he just wants to make sure that everyone has the opportunity to comment on it. Councilperson Cole stated that this is not something that the City of Waterloo has decided to do because it sounded like a good idea. Mayor Hurley stated that is correct and this is a mandate. James Walsh, City Attorney, stated that this came from Congress and is a law that requires EPA to put rules on each state and each state to put rules on municipalities within the state to mandate clean water. Mr. Walsh stated that these are not funded and the federal government did not give money to the states or municipalities to pay for the mandate. Mr. Walsh stated this was not the city's idea but was a mandate. Mayor Hurley stated that if the mandate is not followed we are facing $25,000.00 per day in fines for not having an effective ordinance and practices to the Clean Water Act. Councilperson Getty asked if churches would pay because it is not in the ordinance. Mayor Hurley responded that the only exempt properties are the railroad and government. Councilperson Welper asked if our Code Enforcement Officers are going to be monitoring the program and to check on properties that may be in violation. Mr. Castle responded that Engineering staff would be monitoring and enforcing the ordinance. Mr. Castle stated that it may have to be a policy that will have to be worked out with Building Inspection where a form will have to be filled out so Engineering staff are aware of new projects. • • • • December 7, 2009 Page 7 Ordinances to be Adopted continued Councilperson Hart questioned the fund break down so he knows what to tell citizens as to where the $1.5 million is going. Michelle Weidner, Chief Financial Officer, responded that paying for some storm water projects using the fee would eliminate the use of bond money and eliminate the expensive interest. Ms. Weidner stated that citizens would be saving by switching to this type of method to pay for storm water projects. Mayor Hurley stated an example of a neighborhood having storm water sewer problems and having the user fee and capital items would help instead of using bond money and paying of interest. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 130333 - Greenwood/Steve Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Three. Nays: Getty, Hart, Greenwood, Steve Schmitt. Motion failed. 130334 - Cole/Welper that "an Ordinance fixing Storm Water User Fees pursuant to Section 8-4-7 of the 2007 Code of Ordinances of the City of Waterloo, Iowa", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 130335 - Cole/Reggie Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Three. Nays: Getty, Hart, Greenwood, Steve Schmitt. Motion failed. 130336 - Steve Schmitt/Welper that "an Ordinance amending the Standing Committees of the Council pursuant to Section 1-4-4 of the 2007 Code of Ordinances of the City of Waterloo, Iowa", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. Councilperson Reggie Schmitt stated that there are several standing committees of the city that are required by state law. Councilperson Schmitt stated that right now three Councilpersons are assigned to each committee. Councilperson Schmitt stated that presently if there are not enough Councilpersons to hold a standing committee, then the meeting cannot be held because there is no quorum. Councilperson Reggie Schmitt stated that this allows an alternate to the committees or the Chairperson can assign another Councilperson to conduct the business. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 130337 - Steve Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 130338 - Steve Schmitt/Welper that "an Ordinance amending the Standing Committees of the Council pursuant to Section 1-4-4 of the 2007 Code of Ordinances of the City of Waterloo, Iowa", be considered and passed for the second and third times and adopted. Ayes: Six. Nays: Cole. Ordinance adopted and upon approval by Mayor assigned No. 4978. NEW BUSINESS 130339 - Cole/Reggie Schmitt to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2010 River Renaissance Trail from W. 6th Street to W. 18th Street, Contract No. 761, be received, placed on file and approved. Ayes: Seven. Motion carried. December 7, 2009 Page 8 New Business continued 130340 - Cole/Reggie Schmitt that plans, specifications, form of contract, etc. in conjunction with F.Y. 2010 River Renaissance Trail from W. 6th Street to W. 18th Street, Contract No. 761, be received and placed on file. Ayes: Seven. Motion carried. 130341 - Cole/Reggie Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with the above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-1195. 130342 - Cole/Reggie Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and taking of bids as December 14, 2009 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and Deputy City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-1196. ORAL PRESENTATIONS 130343 - Lee Grassley, Vice President of Mediacom Government Relations, update to the progress with launching the PEG channel to a digital Grassley stated that on December 9, 2009 the PEG channels are going the current analog format to a digital format. He stated that it to keep citizens informed of what is going to happen. Mr. Grassley there will be free digital tuners for the analog customers. He information has and will continue to be available via neighborhood associations and the city's cable site. provided an format. Mr. to move from is important stated that stated that ials, local infomerc Dwayne Eilers stated that he was here about two months ago regarding a complaint on the City Inspectors. He stated that he has been to the Inspector's office twice, Mayor's office twice and nothing has been done. Mr. Filers stated that his home is now frozen up and there is still no electricity. He stated that Lafayette Park used to be Pat's pond and now it's filled in and is now a nice park. He stated that if the retention pond was still there, then half of the houses would have never been flooded. Mr. Eilers stated that the city filled in Lafayette Park over the last 30 years and raised it to a nice park instead of a retention pond. He stated that he is flooded out and lost his house for over a year. Mr. Eilers stated that he has put up with the city inspectors that mandated to shut the electricity off and it shouldn't have happened. He stated that no one has contacted him for over two months and he has been here to try to get the problem solved. Mr. Eilers stated that his house is froze up and he can't get any heat. He asked what is going to be done about this. He stated that no one has done anything and he still has had nothing done. Mayor Hurley stated that Mr. Eilers should stay and speak to Lou Cutwright after the meeting. Mr. Eilers stated he refuses to speak to Mr. Cutwright because he hasn't done anything. Mayor Hurley stated that this issue has been addressed before and asked Mr. Eilers what he would like to do. Mr. Eilers responded that he would like to have an inspector go to his home and tell him exactly why the electricity was cut off. Mr. Eilers stated that he refuses to have Mr. Youngblut inspect his home. Mayor Hurley stated that someone will contact him to set up an inspection with another inspector. Getty/Cole that the above oral comments be received and placed on file and adjourn at 7:05 p.m. Ayes: Seven. Motion carried. eotik ra.Liteu Carol Failor Deputy City Clerk