Loading...
HomeMy WebLinkAboutMinutes-01/26/2009January 26, 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, January 26, 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: Jim Quint, MIS Manager. 128456 Reggie Schmitt/Steve Schmitt that the Agenda, as amended, for the Regular Session on Monday, January 26, 2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 128457 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for 2009, at 5:30 p.m., be accepted and CONSENT AGENDA 128458 - Reggie Schmitt/Steve Schmitt the Regular Session on Tuesday, January 20, approved. Ayes: Seven. Motion carried. 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 January 26, 2009, in the amount of $1,159,437.65, 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. 2009-41. 2. Communication from Police Chief transmitting request of the Executive Director of Peregrine Charities to hold the Annual Peregrine Charities Triathlon at 7:30 a.m. on September 27, 2009 to include one mile swim in George Wyth Lake, 22 mile bike ride in Waterloo, Cedar Falls and Black Hawk County and six mile run in George Wyth Park. Resolution adopted and upon approval by Mayor assigned No. 2009-42. b. Motion to approve the following: 1. Communication from Building Official/Maintenance Administrator transmitting recommendation of appointment of Maria Tiller to the position of Code Enforcement Officer, effective February 9, 2009. 2. Brad Hagen, Airport Director, to attend Allegiant Airlines Conference in Las Vegas, Nevada on February 10-12, 2009, with costs not to exceed $1,350.00. c. Liquor License Permit Application Class E Hy -Vee Food Store, 2181 Logan Avenue (Renewal) (Expires 3/23/10) (Includes Sunday Sales) Hy -Vee Food Store, 306 Byron Avenue (Renewal) (Expires 3/23/10) (Includes Sunday Sales) d. Beer License Permit Class C Hy -Vee Food Store, Sunday Sales) Hy -Vee Food Store, Sunday Sales) e. Wine License Permit Class B Hy -Vee Food Store, Sunday Sales) Hy -Vee Food Store, Sunday Sales) Application 2181 Logan Avenue 306 Byron Avenue Application (Renewal) (Expires 3/23/10) (Includes (Renewal) (Expires 3/23/10) (Includes 2181 Logan Avenue (Renewal) (Expires 3/23/10) (Includes 306 Byron Avenue (Renewal) (Expires 3/23/10) (Includes January 26, 2009 Page 2 Consent Agenda continued f. g• Beer/Liquor License Permit Application Class C Jameson's, 310 East 4th Street (Renewal) (Expires 2/5/10) Sales) Jefferson Street Tap, 708 Jefferson (Ownership Change) Eagles After Hours LLC,.312 West 4th Street (New) (6 months) Outdoor Service Area Application Jameson's, 310 East 4th Street h. Cigarette/Tobacco Permit Application XO Food and Liquor, 428 Franklin Street (Includes Sunday (Expires 7/1/09) Prior to a vote on the above motion, the following comments were heard. Councilperson Getty inquired with this appointment how many Code Enforcement Officers will we have. Mayor Hurley responded this appointment will put us at our authorized level of four. We filled a fourth position temporarily with a retired police officer. Councilperson Getty asked if Mr. Washington is staying, will he be part time or is he leaving. Mayor Hurley responded Mr. Washington has been given his notice of termination, and he understood coming into this that it was a temporary position. Following comments a vote was taken on the above motion with the following result. Ayes: Seven, with Councilperson Steve Schmitt abstaining on PV in the amount of $3,030.26 for work performed by Schmitt Telecom Partners. Motion carried. HEARINGS & BIDS 128459 - Greenwood/Steve Schmitt that proof of publication of notice of public hearing on Purchase of 2009 Golf Turf Equipment, as published in the Waterloo Courier on January 16, 2009, be received and placed on file. Ayes: Seven. Motion carried. 128460 - 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. 128461 - Greenwood/Steve Schmitt that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of 2009 Golf Turf Equipment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-43. 128462 - Greenwood/Steve Schmitt that "Resolution authorizing to proceed in conjunction with above adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-44. 128463 - Greenwood/Steve Schmitt purchase", be to receive, file and instruct City Clerk to open and read bids and Leisure Services Director for review: refer to JD JD JD PRO JD JD BUFFALO Bidder 7700D 2653B GATOR SPRAYER 1565 GATOR TS CYCLONE KB3 Great American Outdoor $37,900.00 $22,700.00 $26,000.00 $23,200.00 $5,800.00 $5,340.00 Waterloo Implement $28,450.00 $21,570.00 $6,580.00 Ayes: Seven. Motion carried. • • 1 • January 26, 2009 Hearings & Bids continued 128464 - Steve Schmitt/Welper Page 3 that proof of publication of notice of public hearing on Installation of Chiller Plant and Upgrade of Existing Air Handling Units at Center For the Arts, as published in the Waterloo Courier on January 7, 2009, be received and placed on file. Ayes: Seven. Motion carried. 128465 - 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. 128466 - Steve Schmitt/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Installation of Chiller Plant and Upgrade of Existing Air Handling Units at Center For the Arts", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-45. 128467 - 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. 2009-46. 128468 - Steve Schmitt/Welper to receive, file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review: Bidder Bid Bond Bid Amount Plumb Tech Inc., Waterloo, IA 5% $337,600.00 Young Plumbing & Heating, Waterloo, IA 5% $307,100.00 Modern Piping Inc., Cedar Rapids, IA 5% $348,200.00 WBC Mechanical Inc., Waterloo, IA 5% $306,190.25 Ayes: Seven. Motion carried. UNFINISHED BUSINESS 128469 - Hart/Reggie Schmitt that communication from Contracts and Grants Coordinator transmitting recommendation of award of contract in the amount of $49,425.00 to Stickfort Construction Corp. in conjunction with General Obligation Bond Demolition Project, Contract No. 162 -D -GO -01-20-09, 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. 2009-47. REPORTS 128470 - Hart/Reggie Schmitt that communication from City Planner transmitting Iowa Certified Local Government 2008 Annual Report to be filed with State Historic Preservation Office, be received, placed on file, and "Resolution approving said report" be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-48. 128471 - Hart/Reggie Schmitt that communication from City Clerk transmitting request for authorization to publish 2008 salaries for city employees and officials, as required by law, be received, placed on file and approved. Ayes: Seven. Motion carried. January 26, 2009 DOCUMENTS 128472 - Getty/Hart Page 4 that communication from Assistant City Engineer transmitting Change Order No. 5 for a net increase in the amount of $67,589.67 for work performed by Aspro, Inc. & Subsidiaries of Waterloo, Iowa in conjunction with F.Y. 2007 Street Reconstruction Program, Contract No. 718, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. 128473 - Getty/Hart that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Aspro, Inc. & Subsidiaries of Waterloo, Iowa at a total cost of $4,339,505.23 in conjunction with F.Y. 2007 Street Reconstruction Program, Contract No. 718, 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. 2009-49. 128474 - Getty/Hart that communication from Assistant City Engineer transmitting storm sewer and paving construction plans 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-50. 128475 - Cole/Reggie Schmitt that communication from Assistant City Engineer transmitting Recommendation of Acceptance of Work performed by Peterson Contractors, Inc. and Aspro, Inc. and Its Subsidiaries in conjunction with off-site roadway improvements at the intersections of US 218 (LaPorte Road)/E. Shaulis Road/Dysart Road and at E. Shaulis Road/Isle of Capri Boulevard, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond be received and placed on file. Prior to a vote on the above motion, the following comments were heard. Councilperson Steve Schmitt asked if these improvements were part of the original project or if they were added after the fact. Mayor Hurley responded these improvements were part of the original project. We had quite an extensive traffic study in working with the Isle and getting that set up out there. We have done what we said what we would do and now we are accepting it. Eric Thorson, City Engineer, stated this is work that was done as part of the Isle project. There were just some small items that the contractors had to cleanup and they finally got that done so we can accept the work. It meets the specifications and all the studies that were done. Mr. Thorson noted that this was all funded by the Isle of Capri. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-51. 128476 - Cole/Reggie Schmitt that communication from Planner II transmitting request of Shayla Denton for tax exemptions on improvements totaling $109,994.00 for property located at 639 Mobile Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, 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 assigned No. 2009-52. • • January 26, 2009 Documents continued 128477 - Cole/Reggie Schmitt Page 5 that communication from City Planner transmitting contract for Jumpstart Small Business Assistance Program with Gur-Land, Inc. dba Brown Bottle -Waterloo, 209 West 5th Street, for $7,500.00, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-53. 128478 - Cole/Reggie Schmitt that communication from City Planner transmitting contract for Jumpstart Small Business Assistance Program with Classic Kitchen & Bath, Inc., 220 East 4th Street, for $12,500.00, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-54. 128479 - Cole/Reggie Schmitt that communication from City Planner transmitting contract for Jumpstart Small Business Assistance Program with Karma Bar LLC, 309 West 4th Street, for $6,250.00, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-55. 128480 - Reggie Schmitt/Welper that communication from City Planner transmitting Partial Acquisition Contract for $616.66 and Temporary Construction Easement Agreement for $48.54 with Craig and Terry Sage for property generally located on the north side of West Big Rock Road between Burton Avenue and Wagner Road for construction of box culvert improvements, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-56. 128481 - Reggie Schmitt/Welper that communication from City Planner transmitting Acquisition Contract with Ron and Catherine Soper at cost of $91.08 for property generally located on the south side of West Big Rock Road, adjacent to 1575 West Big Rock Road for construction of box culvert improvements, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-57. 128482 - Reggie Schmitt/Welper that communication from City Planner transmitting Partial Acquisition Contract for $424.05 and two Temporary Construction Easements at a cost of $34.17 with James Sage for property generally located on the south side of West Big Rock Road for construction of box culvert improvements, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-58. 128483 - Reggie Schmitt/Welper that communication from Police Chief transmitting Memorandum of Understanding with Seeds of Hope, Hawkeye Valley Area Agency on Aging and the Black Hawk County Attorney as partners for an Enhanced Training and Services To End Violence Against and Abuse of Women Later In Life Program grant, be received, placed on file and "Resolution approving said Memorandum of Understanding", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-59. January 26, 2009 Page 6 Documents continued 128484 - Reggie Schmitt/Welper that communication from Building Official/Maintenance Administrator transmitting agreement with Black Hawk County to use City Hall first floor lobby in case of inclement weather during courthouse evacuation due to fire or bomb threats, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2009-60. ORAL PRESENTATIONS 128485 - L. S. Wheeler III, Esquire, 433 Bratnober Street, voiced a complaint regarding the neighborhood associations that have been establishing themselves in Waterloo. Mr. Wheeler stated he did not receive notification when the Common Ground Neighborhood Association was established. They elected their officials for that organization and got a name and mission statement, but he has dealt with neighborhood associations before and they have no bylaws for their organization. Mr. Wheeler stated he doesn't understand how Iowa and the City of Waterloo can let a non-profit neighborhood group conduct themselves in that manner. Over the last calendar year, they have only held three meeting. Mr. Wheeler stated he has been told Mayor Hurley made a statement requesting people put their trash cans out in the street. Mr. Wheeler stated that apparently government access channel 15 is a closed circuit network, and the only way that you can get it is if you are a Mediacom subscriber. Persons with a satellite dish cannot get it. When the digital TV conversion goes into effect, it won't be available on that network. Mr. Wheeler stated that to be in compliance with the open meetings, he wishes the City of Waterloo would consider upgrading their technology to make that channel available as an open network. Mr. Wheeler stated during the flood when Mayor Hurley held a news conference to try to get the community organized to deal with the flooding situation and the cleanup, the news media censored our mayor. The way the television media conducted themselves was unethical. Mr. Wheeler stated if the government access channel were available as an open network like KWWL or CBS 2, it would have been more effective. Councilperson Steve Schmitt stated he wanted to point out for those who did not get a chance to see the Sunday Courier. On the front page of the editorial section, there was discussion about the property tax issue. Councilperson Steve Schmitt stated he thinks its probably a follow-up to the conversation we had Tuesday night, and there were some conversations in other parts of the Cedar Valley too. The article referred to part of what was talked about last week about the confusion that he thinks most people have regarding the levy, the roll back, the re -assessments and those types of things. Councilperson Steve Schmitt stated he loves the fact that they used a term that he uses quite often. It talked about local elected officials sometimes play a shell game to mask whether or not they are raising property taxes. The gist of the article is at the end of the day if you are able to break it down to whether or not a given government agency is spending more money than it did last year, raising more tax dollars than last year rather than getting into some of the other discussions. Councilperson Steve Schmitt complimented the Courier as he thinks they did a great job and really boiled it down to the basic stuff. Mayor Hurley stated he has a different opinion. Mayor Hurley stated he may ask if he can do a guest editorial not so much in retort, but he takes a little umbrage that something like shell game is directed at this body and this staff. There are other important questions besides the three, which are fair, and when we get to the budget one of the things we will do is answer those three questions honestly and transparently. There are other questions and one of them would be what are the citizens, our constituents, expecting and asking for and in some cases demanding in terms of services from city government. We all would love to lower the total askings. Mayor Hurley stated he does not see anybody playing a shell game, he sees everybody working as hard as they can. Mayor Hurley stated he knows that it came from his comment about three out of the last four years we have reduced our levy. Mayor Hurley stated he cannot impress enough if you look at what we have done with our levy rate over the last 10 or 15 years and track it against inflation, we are under that inflationary level. Mayor Hurley stated we know our levy rate is high, but we are not sitting here inventing new things. Mayor Hurley stated he works to hard to accept that shell game kind of thing, as does the council and staff. • • 1 • January 26, 2009 Page 7 Oral Presentations continued Getty/Cole that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 128486 - Greenwood/Cole that the Council adjourn at 6:06 p.m. Ayes: Seven. Motion carried. Nancy Ec'iEert, CMC City Clerk