HomeMy WebLinkAboutMinutes-06/22/20091
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June 22, 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, June 22, 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: Quentin Hart, 4th Ward Council Member.
129269 - Reggie Schmitt/Steve Schmitt
that the Agenda, as amended, for the Regular Session on Monday, June 22, 2009,
at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
129270 - Reggie Schmitt/Steve Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, June 15, 2009,
at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
Mayor Hurley read a Proclamation supporting June 26-27, 2009 as days for
distribution of buddy poppies by the Veterans of Foreign Wars.
CONSENT AGENDA
129271 - 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. 1-116, dated June 22, 2009, in
the amount of $4,230,232.09, 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. 2009-572.
2. Communication from Assistant City Engineer transmitting request of
Peterson Contractors, Inc. for a variance to the Noise Ordinance from June
23, 2009 through August 14, 2009 in conjunction with work related to the
West High parking lot reconstruction, together with recommendation of
approval.
Resolution adopted and upon approval by Mayor assigned No. 2009-573.
b. Motion to approve the following:
1. Francis Jacoby to pick up Dreaming Cows Exhibition in Little Rock,
Arkansas on June 9-11, 2009, with costs not to exceed $755.00, including
use of city vehicle.
2. Communication from Human Resources Director transmitting recommendation of
appointment of Mary Peterson to the position of Administrative Secretary,
effective July 6, 2009.
c. Beer/Wine License Permit Application
Special Class C
Gary's Restaurant & Catering, 2820 Falls Avenue (Renewal) (Expires 6/14/10)
d. Beer/Liquor License Permit Application
Class C
Las Margaritas, 2822 University Avenue (Renewal) (Expires 6/30/10) (Includes
Sunday Sales)
Iowa Irish Fest, Lincoln Park (5 days -7/30/09 - 8/4/09)(Including Sunday
Sales)
House of Blues - Waterloo, 521 Dane Street (New) (Expires 7/1/10) (Includes
Sunday Sales)
e. Theater License Application
Crossroads 12 Theatre, 2450 Crossroads Boulevard
June 22, 2009
Consent Agenda continued
f. Pool & Billiard Tables Application
New World Lounge II, 120 Sumner Street
The Last Level, 118 E. 11th Street
Drunken Monkey, 307 W. 4th Street
g•
Cigarette/Tobacco Permit Application
Sixty-four (64)
h. Recommendation of Police Chief to deny the following:
Outdoor Service Area Application
VFW Post #1623, 1406 Commercial Street
i. Outdoor Service Area Application
Iowa Irish Fest, Lincoln Park
The Isle Casino Hotel Waterloo, 777 Isle of Capri Boulevard
Cafe Bar Piramida, 712 Jefferson Street
The Waterloo Jaycees, Fireworks Festival, 100 block of West 4th Street
j. Bonds.
Page 2
k. Beer License Permit Application
Class B
The Waterloo Jaycees Fireworks Festival, 100 Block of West 4th Street (5 days
- 7/3/09 - 7/8/09)
Ayes: Seven, with Councilperson Steve Schmitt abstaining on payment of $152.50
to Schmitt Telecom Partners for phone repair at W. 5th Street ramp. Motion
carried.
HEARINGS & BIDS
129272 - Hart/Welper
that proof of publication of notice of public hearing on Commercial Street
Parking Garage Structural Repairs, Phase II, as published in the Waterloo
Courier on June 3, 2009, be received and placed on file. Ayes: Seven. Motion
carried.
129273 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Hart/Greenwood
that the hearing be closed. Ayes: Seven. Motion carried.
129274 - Hart/Greenwood
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with Commercial Street Parking Garage Structural Repairs,
Phase II", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-574.
129275 - Hart/Greenwood
that "Resolution authorizing to proceed in conjunction with above project", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-575.
129276 - Hart/Greenwood
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
SPS Infrastructure, Inc., St. Paul, MN 5% $626,351.92
RAM, INC., Livonia, MI 5% $644,000.00
Restoration Systems, Inc., Chaska, MN 5% $623,755.00
Ayes: Seven. Motion carried.
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June 22, 2009
Hearings & Bids continued
129277 - Getty/Hart
Page 3
that proof of publication of notice of public hearing on Sale of city -owned
property generally located at 2554-2556 Edgemont Avenue, as published in the
Waterloo Courier on June 5, 2009, be received and placed on file. Ayes: Seven.
Motion carried.
129278 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Getty/Hart
that the hearing be closed. Ayes: Seven. Motion carried.
129279 - Getty/Hart
to receive, file and instruct City Clerk to open and read bids and refer to
Community Planning & Development Director for review:
Bidder Surety Bid Amount
W.C. Stokes, Waterloo, IA $1,000.00 $55,410.00
Armstrong Construction, Waterloo, IA $1,000.00 $89,500.00
Metro Investments, Inc, Cedar Falls, IA $1,000.00 $51,500.00
Patricia Schlindwein, Waterloo, IA $1,000.00 $59,000.00
Ayes: Seven. Motion carried.
HEARINGS
129280 - Steve Schmitt/Welper
that proof of publication of notice of public hearing to vacate a portion of
excess right-of-way generally located at the intersection of East Ridgeway
Avenue and LaPorte Road directly north of 1818 LaPorte Road for the purpose of
including it in Lot 3 of Waterloo Rx Addition, as published in the Waterloo
Courier on June 15, 2009, be received and placed on file. Ayes: Seven. Motion
carried.
129281 - 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 and recommendation of approval of Planning,
Programming and Zoning Commission be received and placed on file. Ayes: Seven.
Motion carried.
129282 - Steve Schmitt/Welper
that "an Ordinance vacating a portion of excess right-of-way generally located
at the intersection of East Ridgeway Avenue and LaPorte Road directly north of
1818 LaPorte Road for the purpose of including it in Lot 3 of Waterloo Rx
Addition", be received, placed on file, considered and passed for the first
time. Ayes: Seven. Motion carried.
129283 - Steve Schmitt/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
129284 - Steve Schmitt/Welper
that "an Ordinance vacating a portion of excess right-of-way generally located
at the intersection of East Ridgeway Avenue and LaPorte Road directly north of
1818 LaPorte Road for the purpose of including it in Lot 3 of Waterloo Rx
Addition", be considered and passed for the second and third times and adopted.
Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4944.
June 22, 2009
Hearings continued
129285 - Welper/Reggie Schmitt
Page 4
that proof of publication of notice of public hearing on Connection charge line
costs for sanitary sewer construction for properties generally located along the
800 block of Rainbow Drive, as published in the Waterloo Courier on June 15,
2009, be received and placed on file. Ayes: Seven. Motion carried.
129286 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Welper/Reggie Schmitt
that the hearing be closed. Ayes: Seven. Motion carried.
129287 - Welper/Reggie Schmitt
that "an Ordinance approving the Connection charge line costs for sanitary sewer
construction for properties generally located along the 800 block of Rainbow
Drive", be received, placed on file, considered and passed for the first time.
Ayes: Seven. Motion carried.
129288 - Welper/Reggie Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
129289 - Welper/Reggie Schmitt
that "an Ordinance approving the Connection charge line costs for sanitary sewer
construction for properties generally located along the 800 block of Rainbow
Drive", be considered and passed for the second and third times and adopted.
Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4945.
UNFINISHED BUSINESS
129290 - Greenwood/Steve Schmitt
that communication from Superintendent of Central Garage transmitting
recommendation of award of contract in the amount of $113,600.00 per single axle
dump truck and $119,747.50 for one tandem axle dump truck to Hawkeye
International of Waterloo, Iowa in conjunction with Purchase of Two Single Axle
Dump Trucks with Snow Control Equipment and One Tandem Axle Dump Truck with Snow
Plow, 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. 2009-576.
129291 - Greenwood/Steve Schmitt
that communication from City Planner transmitting request of Larry Youngblut,
4250 Harbin Drive, to appeal the Driveway Policy to allow for a 2nd curb -cut to
serve a proposed 26' x 28' detached garage along the north side of the house,
together with recommendation of approval of Planning, Programming and Zoning
Commission and recommendation of approval of the Engineering Department subject
to construction of a single lane driveway access that is no more than 10' wide
at the sidewalk and no more than 16' wide at the flare at the back of curb on
Harbin Drive, 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 Reggie Schmitt stated that he attended the Planning, Programming &
Zoning Commission meeting when this item was presented, and he thinks that the
information presented at Planning, Programming & Zoning really speaks against
the curb cut. The original intent of a second curb cut is for corner lots to
have double access from two different streets, or for a circle or horseshoe
drive, and this second curb cut is not for either of those. This is for a
detached second garage. Councilperson Reggie Schmitt stated that looking at the
aerial for that area, there are at least nine double curb cuts in that area but
they are all for single properties. There are three on Partridge, two on Caras,
two on Dakota and one on Crabapple, but none of them go to a detached garage.
+ * •
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June 22, 2009 Page 5
Unfinished Business continued
They are all either horseshoe drives or corner lots feeding off of two streets
to a single drive. Councilperson Reggie Schmitt stated that to his knowledge
this will be the only second curb cut out there that goes to a detached garage.
Councilperson Reggie Schmitt stated he thinks the original justification for a
second curb cut is not supported. The justification would be to meet the
criteria on the original intent of that ordinance such as a horseshoe drive or a
corner lot. Engineering actually ruled against this, and he thinks the city
will be setting a bad precedence if we approve that second curb cut in this
case. Councilperson Reggie Schmitt stated he cannot support this request
because he does not think the city should allow the second curb cut.
Mayor Hurley stated council was almost there last week, and the applicant
changed the dimensions of the garage and pleaded for a double lane second curb
cut.
Councilperson Getty asked if this request went back to the Planning, Programming
& Zoning Commission since the last meeting.
Councilperson Steve Schmitt stated he just wanted to make sure he understands
this correctly. Councilperson Steve Schmitt asked if it is correct that this
item says that this is supported by the Planning Commission and by the
Engineering Department because he thinks Councilman Reggie Schmitt just said
Engineering was opposed to it.
Dennis Gentz, Assistant City Engineer, stated that the Engineering Department
was trying to follow the policy established regarding corner lots and second
curb cuts, especially off the higher traffic street as is this case. Their
primary driveway is off of the cul-de-sac street, Chickadee, so the Engineering
Department's initial recommendation was to deny it based on the policy. But if
the council should so choose to approve the curb cut then the Engineer
Department would talk about the width.
Mayor Hurley noted that the Planning & Zoning Commission approved this request
with conditions, but they probably stepped a little bit over what they normally
would have done according to the letter in the packet.
Mr. Gentz stated that he thinks the issue was the Planning & Zoning Commission
was talking about the width of the driveway in addition to whether or not the
curb cut should be allowed. Their recommendation was to approve it as well as
approve a wider than the recommended size if the council would so chose to
approve the curb cut.
Chris Howard owner of Champion Garage Builders and speaking on behalf of Larry
Youngblut disagreed. Mr. Howard stated during the first hearing the Engineering
Department approved it. They approved the 16 foot curb cut for the street and
10 foot sidewalk. The Planning Commission approved it 6 to 1, and they approved
it without the width restriction because he mentioned to them that they would
love to be able to go 22 at the street, 16 at the sidewalk, which is a double
two car wide width. Mr. Howard stated the Planning Commission approved this
request 6 to 1 that Mr. Youngblut can build that garage regardless of a curb
cut. Mr. Howard stated as Councilperson Reggie Schmitt just mentioned several
people have a second curb cut, and Mr. Howard believes whether they have a
garage or not has no bearing. They can build a garage if they would like to on
their property and they may do that down the road with their second curb cut.
Mr. Gentz responded the city does not issue permits for driveway approaches on
private property, but to access the drive on private property you would need a
curb cut to do so.
Chris Howard stated he thinks the Engineering Department's first recommendation
was to approve this request.
Mr. Gentz responded its an issue with trying to follow the policy, but even the
real decision before the second curb cut is for council.
Mr. Howard stated he doesn't understand how Engineering can change their mind
from the first hearing when they approved it. The Planning Commission approved
it 6 to 1 and now the Engineering Department is saying they denied it.
Mayor Hurley stated the Engineering Department makes the recommendation on the
width. The Planning Commission is an advisory body to help staff and the
elected officials and it comes before the council as a recommendation.
June 22, 2009 Page 6
Unfinished Business continued
Mr. Howard stated Mr. Youngblut is okay with 16 foot wide at the curb and 10
foot wide at the sidewalk. They will just fan it out from there and go on up.
They would like the 22 foot at the curb, but they are fine if approved.
Mayor Hurley noted council as three options: Don't approve the second curb cut
at all, approve it with a single or approve it with a double.
Councilperson Cole stated she feels this is a divisive issue because a 728
square foot garage behind a house is not a very attractive thing although she
realizes its okay to do via ordinance. Councilperson Cole stated council could
deny the curb cut and then we would have this person driving on the grass, which
would be the only access to the garage. Councilperson Cole stated she cannot
support 22 feet wide, or 16 feet wide, but she can support a curb cut and a
single and then letting it flare out to meet the garage as the resolution reads.
Councilperson Greenwood asked if there were people from the neighborhood at the
Planning & Zoning Commission meeting, was there a public hearing or was there
public input on the proposal.
Noel Anderson, Community Planning & Development Director, stated this item was
actually on the month before at the Planning Commission meeting. We are not
required to send this out as a notification; however, the Planning Commission
wanted notices sent out due to the uniqueness of this request. Staff mailed out
notification to everyone within 250 feet like they would for rezoning to notify
the residents around there and no one came.
Mr. Howard noted that one person was in attendance. Mr.
there was one person at the meeting in support of the request
Following comments a vote was taken on the above motion
result. Ayes: Six. Nays: Reggie Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2009-577.
129292 - Greenwood/Steve Schmitt
•
Anderson responded
with the following
that communication from Airport Director transmitting recommendation of award of
contract in the amount of $72,550.00 to K&W Electric of Cedar Falls, Iowa,
contingent upon receiving FAA grant in conjunction with Rehabilitation of Ground
Power Unit at Waterloo Regional Airport, 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. 2009-578.
DOCUMENTS
129293 - Hart/Reggie Schmitt
that communication from Building Official/Maintenance Administrator transmitting
Change Order No. 2 for a net increase in the amount of $470.00 for work
performed by Failor Hurley Construction of Hudson, Iowa in conjunction with
Stone Replacement/Repair at Waterloo Public Library, be received, placed on file
and approved and Mayor and City Clerk authorized to execute same. Ayes: Seven.
Motion carried.
129294 Hart/Reggie Schmitt
that communication from Building Official/Maintenance Administrator transmitting
Change Order No. 1 for a net increase in the amount of $10,094.00 for work
performed by Failor Hurley Construction of Hudson, Iowa in conjunction with
Commercial Street Parking Garage Repairs, Phase I, Stairwells, be received,
placed on file and approved and Mayor and City Clerk authorized to execute same.
Ayes: Seven. Motion carried.
129295 - Getty/Hart
that communication from City Clerk transmitting three-year renewal of contract
with First Administrators, Inc. to administer the employee health care benefit
plan, including administrative and claim services at a cost of $23.50 per
employee per month for all three years and a disease management addendum, be
received, placed on file and "Resolution approving said contract", be adopted
and Mayor and City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-579.
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June 22, 2009 Page 7
Documents continued
129296 - Getty/Hart
that communication from City Clerk transmitting three-year renewal of contract
with Delta Dental of Iowa to provide administrative and claim services for the
employee dental benefit plan at a cost of $3.15 per employee per month for FY10,
$3.25 per employee per month for FY11 and $3.35 per employee per month for FY12,
be received, placed on file and "Resolution approving said contract", be adopted
and Mayor and City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-580.
129297 - Cole/Reggie Schmitt
that communication from City Clerk transmitting three-year renewal of contract
with Express Scripts to provide pharmacy benefits management (PBM), including
administrative and claim services, be received, placed on file and "Resolution
approving said contract", be adopted and Mayor and City Clerk authorized to
execute same. Ayes: Six. Abstain: Greenwood as his business contracts with
Express Scripts.
Resolution adopted and upon approval by Mayor assigned No. 2009-581.
129298 - Cole/Reggie Schmitt
that communication from City Clerk transmitting application with Black Hawk
County Gaming Association for grant in the amount of $6,303.00,
$1,600.00, for a new indoor/outdoor sound system for Veterans
building and Soldiers & Sailors Park, be received, placed
"Resolution approving said application", be adopted and Mayor
execute same. Ayes: Seven.
with match of
Memorial Hall
on file and
authorized to
Resolution adopted and upon approval by Mayor assigned No. 2009-582.
129299 - Reggie Schmitt/Welper
that communication from Leisure Services Director transmitting application with
Black Hawk County Gaming Association for grant not to exceed the amount of
$320,803.00, with $350,686.00 matching funds, for the construction of the new
Cedar River Boat House, be received, placed on file and "Resolution approving
said application", be adopted and Mayor authorized to execute same. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-583.
129300 Reggie Schmitt/Welper
that communication from City Engineer transmitting Right -of -Way Access Agreement
with Iowa Health System (Allen Hospital) for use of city's public right of way
for installation of fiber optic cable to serve Allen Hospital, 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. 2009-584.
129301 - Welper/Steve Schmitt
that communication from Community Planning & Development Director transmitting
Purchase Order with Howard R. Green at a cost not to exceed $25,000.00 for
completing ground water monitoring and restrictive covenant preparation for 625
Glenwood, the former Construction Machinery site, be received, placed on file
and "Resolution approving said documents", be adopted and Mayor and City Clerk
authorized to execute same.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Hart asked if there is there a minimum threshold before we have to
advertise this particular project, and if so are we going to move to a
competitive bidding process for such projects.
June 22, 2009 Page 8
Documents continued
Noel Anderson, Community Planning & Development Director, responded that we
generally do not go out for bids for Professional Services agreements. This is
a case were the city has been working with this company and it is advantageous
to work with the same company. Howard R. Green helped with the EPA grant for
the CMC site, and they put together the report as to where the city should put
the monitoring well.
Councilperson Hart asked if the $25,000.00 cost requires the city to go out for
bids. Mayor Hurley replied that on purchase of cars, road construction, etc.
the city does go out for bids, but the rule does not apply for the Professional
Services Agreement.
Councilperson Hart asked if there is another company the city could turn to if
Howard R. Green could not do the work.
Mr. Anderson responded that the city has used Terracon in the past, and they
would be a company the city could use if Howard R. Green is unavailable.
Councilperson Hart asked if the city is about done with this property. Mr.
Anderson responded this is the final step. If there is no new information we
would expect a no further action required from the DNR. Mr. Anderson noted
there was some materials left in place, and the city has an easement on that
area to restrict digging.
Councilperson Greenwood asked if the $25,000.00 agreement covers just the
professional services or does include the wells, etc. Mr. Anderson responded it
puts in the wells, monitors and everything required.
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. 2009-585.
129302 - Welper/Steve Schmitt
that communication from Community Planning & Development Director transmitting
amendment to Development Agreement to allow Sadler Brothers Ltd. seven years to
complete 6,100 sq. ft. expansion, and two years to complete improvements to
south wall with a wall similar to the other two walls on the north and east on
property located at 3289 Airport Boulevard, be received, placed on file and
"Resolution approving said amendment", be adopted and Mayor and City Clerk
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-586.
129303 - Steve Schmitt/Welper
that communication from Airport Director transmitting a pre -application with the
Federal Aviation Administration for American Recovery and Reinvestment Act grant
in the amount of $95,000.00, with no required match, to be used for the Ground
Power Unit at the Waterloo Regional Airport, be received, placed on file and
"Resolution approving said application", be adopted and Mayor authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-587.
RESOLUTIONS TO BE ADOPTED
129304 - Steve Schmitt/Welper
that "Resolution authorizing the City Clerk to certify against certain parcels
unpaid life safety and rental inspection fees", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-588.
129305 - Steve Schmitt/Welper
that "Resolution authorizing the City Clerk to certify against certain parcels
unpaid garbage and sewer fees", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-589.
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June 22, 2009 Page 9
Resolutions to be Adopted continued
129306 - Steve Schmitt/Welper
that "Resolution authorizing the City Clerk to certify against certain parcels
unpaid mowing and lot cleanup fees", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-590.
129307 - Greenwood/Steve Schmitt
that "Resolution approving temporary parking on the north side of Langley Road
and Kaplan Drive, back 150 ft. east of the intersection with Hammond Avenue due
to Hammond Avenue Reconstruction Project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-591.
129308 - Greenwood/Steve Schmitt
that "Resolution approving temporary parking on the north side of Randolph and
the north side of the 100 block of Wellington due to Mullan Avenue
Reconstruction Project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-592.
129309 - Greenwood/Steve Schmitt
that "Resolution rescinding Resolution No. 2009-505 and approving new resolution
for an advance of funds not to exceed $14,367.18 for repayment from the MidPort
Urban Renewal Tax Increment Revenue Fund and directing filing of certification
under Iowa Code Section 403.19 to pay Waterloo Industrial Development
Association for acquisition of 6.881 acres of property generally located on W.
Airline Highway", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-593.
129310 - Councilperson Reggie Schmitt noted that the city's fiscal year ends and the new
fiscal year starts on July 1, 2009. The next 14 to 15 items are moving funds to
balance accounts so the books can be closed for the end of the fiscal year so
the Chief Financial Officer can do her job.
Mayor Hurley noted the city is not panicking and moving funds, we are just
moving funds to where the city intended to spend them in the first place.
Reggie Schmitt/Cole
that "Resolution authorizing transfer of $8,170,000.00 from Trust & Agency Fund
to General Fund to reimburse General Fund for employee benefits", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-594.
129311 - Reggie Schmitt/Cole
that "Resolution authorizing transfer of $193,374.00 from Trust & Agency Fund to
Road Use Fund to reimburse the Road Use Fund for employee benefits paid", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-595.
129312 - Reggie Schmitt/Cole
that "Resolution authorizing transfer of $534,674.08 from Trust & Agency Fund
to General Fund to reimburse the General Fund for emergency levy", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-596.
129313 - Hart/Greenwood
that "Resolution authorizing transfer of $51,215.00 from General Fund to Debt
Service Fund in payment of debt payments made for the Five Sullivan Brothers
Convention Center Renovation", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-597.
June 22, 2009 Page 10
Resolutions to be Adopted continued
129314 - Greenwood/Steve Schmitt
that "Resolution authorizing transfer of $396,770.00 from General Fund to Debt
Service Fund in payment of Vision Iowa portions of general obligation bond
principal and interest", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-598.
129315 - Steve Schmitt/Welper
that "Resolution authorizing transfer of $2,514,752.42 from Tax Increment
Financing Fund to Debt Service Fund for TIF portions of general obligation bond
principal and interest", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-599.
129316 - Reggie Schmitt/Welper
that "Resolution authorizing transfer of $1,811,365.04 from Sewer Fund to Debt
Service Fund for sewer fund portion of general obligation bond and interest", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-600.
129317 - Reggie Schmitt/Welper
that "Resolution authorizing transfer of $1,165,953.26 from General Fund to
Vision Iowa Projects Fund to transfer portion of the distributions from Black
Hawk County Solid Waste Commission to the Vision Iowa Projects Fund", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-601.
129318 - Reggie Schmitt/Welper
that "Resolution authorizing transfer of $31,108.85 from General Fund to Debt
Service Fund to pay the interest on Section 108 loan amount borrowed from the
Riverwalls construction that is part of the Vision Iowa projects", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-602.
129319 - Reggie Schmitt/Welper
that "Resolution authorizing additional transfers from General Fund to Vision
Iowa Projects Fund in an amount to cover all additional expenses incurred
through June 30, 2009", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-603.
129320 - Reggie Schmitt/Welper
that "Resolution authorizing transfer of $9.92 from Series 2004 Bond Fund to
Debt Service Fund to close Fund 414", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-604.
129321 Getty/Hart
that "Resolution authorizing transfer of $1,104,443.36 from Tax Increment
Financing Fund to Capital Improvements Fund to reimburse amounts paid for the
East Fourth Street Streetscape Project and several other projects", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-605.
129322 - Getty/Hart
that "Resolution authorizing additional transfer from Tax Increment Financing
Fund to Capital Improvements Fund to cover additional expenses incurred through
June 30, 2009 for the Rath Asbestos Removal Project and East Fourth Street
Streetscape Project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-606.
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June 22, 2009 Page 11
Resolutions to be Adopted continued
129323 - Getty/Hart
that "Resolution authorizing transfer of $95,168.00 from Tax Increment Financing
Fund to General Fund to reimburse contract expenses paid by the General Fund for
TIF contract expenses", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-607.
Mayor Hurley noted that these resolutions are necessary actions for elected
officials so that staff, the appointed officials, can file and make those
transfers with the authority of council. Mayor Hurley noted that we try very
hard, whether we are appointed or elected, to be good stewards of citizens'
money and to be accountable for it in the proper way, to make sure that its
tracked to the penny and spent where it is legally allowed to be spent.
129324 - Getty/Hart
that "Resolution fixing date of hearing as June 29, 2009 at 8:00 a.m. in the
City Hall Council Chambers on proposed reallocation of not to exceed $75,000.00
unspent proceeds of General Obligation Bonds, Series 2007A for purpose of paying
costs of design services for new fire station", be adopted and City Clerk
instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-608.
129325 - Hart/Reggie Schmitt
that "Resolution fixing date of hearing as June 29, 2009 at 8:00 a.m. in the
City Hall Council Chambers on proposed reallocation of not to exceed $50,000.00
unspent proceeds of General Obligation Bonds, Taxable Series 2007C for purpose
of constructing a paved parking lot for visitors and those attending events at
Young Arena, the Center For the Arts, the Expo Plaza and Amphitheater", be
adopted and City Clerk instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-609.
129326 - Hart/Reggie Schmitt
that "Resolution approving advance of funds not to exceed $1,168.00 from the
Northeast Site Urban Renewal Tax Increment Revenue Fund to pay final property
taxes on land purchased from Waterloo Industrial Development Association and
direct filing of certification under Iowa Code Section 403.19", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-610.
129327 - Hart/Reggie Schmitt
that "Resolution approving advance of funds not to exceed $32,000.00 from the
Northeast Site Urban Renewal Tax Increment Revenue Fund to pay contracted
services with Greater Cedar Valley Alliance and direct filing of certification
under Iowa Code Section 403.19", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-611.
129328 - Hart/Reggie Schmitt
that "Resolution approving advance of funds not to exceed $30,000.00 from the
Downtown Urban Renewal Area Fund to pay contracted services with Main Street
Waterloo and direct filing of certification under Iowa Code Section 403.19", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-612.
129329 - Hart/Reggie Schmitt
that "Resolution approving advance of funds not to exceed $32,000.00 from the
Airport Urban Renewal Area Tax Increment Revenue Fund to pay contracted services
with Greater Cedar Valley Alliance and direct filing of certification under Iowa
Code Section 403.19", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-613.
June 22, 2009 Page 12
ORDINANCES TO BE ADOPTED
129330 - Steve Schmitt/Welper
that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (82)
Darlene Court of Section 551, Parking Prohibited At All Times on Certain
Streets; and enacting lieu thereof a new Subsection (82) Darlene Court of
Section 551, Parking Prohibited At All Times On Certain Streets (restrict
parking on the west side of Darlene Court.))", be received, placed on file,
considered and passed for the first time. Ayes: Seven. Motion carried.
129331 - Steve Schmitt/Greenwood
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
129332 - Steve Schmitt/Greenwood
that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (82)
Darlene Court of Section 551, Parking Prohibited At All
Streets; and enacting lieu thereof a new Subsection (82)
Section 551, Parking Prohibited At All Times On Certain
parking on the west side of Darlene Court.)", be considered
second and third times and adopted. Ayes: Seven.
Times on Certain
Darlene Court of
Streets (restrict
and passed for the
Ordinance adopted and upon approval by Mayor assigned No. 4946.
129333 - Welper/Reggie Schmitt
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo,
Iowa, by repealing Section 17, Posting Signs Indicating Substandard Housing, of
Chapter 7, Housing, of Title 9, Building Regulations", be received, placed on
file, considered and passed for the first time. Ayes: Seven. Motion carried.
129334 - Welper/Reggie Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
129335 - Welper/Reggie Schmitt
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo,
Iowa, by repealing Section 17, Posting Signs Indicating Substandard Housing, of
Chapter 7, Housing, of Title 9, Building Regulations", be considered and passed
for the second and third times and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4947.
129336 - Reggie Schmitt/Welper
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo,
Iowa, by repealing Article B, Weeds, of Chapter 5, Vegetation, of Title 7,
Public Ways & Property; and enacting in lieu thereof a new Article B, Weeds, of
Chapter 5, Vegetation, of Title 7, Public Ways & Property (changing height not
to exceed 8", adding code enforcement, requiring abatement within five calendar
days, excluding Sundays and federal holidays, requiring abatement within three
calendar days for additional notices in the same calendar year)", 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 Steve Schmitt noted he missed last week's meeting because he was
out of state but he thought at the work session the week before that council
determined that the issue was not the height of the weeds as much as it was the
timing of the notification, the follow-up and the enforcement on the existing
codes that we have. His sense from that meeting is that our problem is more
that we don't enforce the current ordinances rather than the length.
Councilperson Steve Schmitt stated he also remembers a conversation with the
City Attorney Wendland that looking at the other cities he compared us with to
come up with some of the wording for this ordinance, he said that in virtually
all of those cities 12 inches was the height they had. Councilperson Steve
Schmitt stated he supports shortening the response from the 10 days to 5 days,
which will get the lots taken care of in a more timely fashion, he is in favor
of shortening the time frame to 3 days for repeat offenders and increasing the
fines for repeat offenders.
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June 22, 2009 Page 13
Ordinances to be Adopted continued
Councilperson Steve Schmitt stated that the fact that the city is one of the
largest owners of vacant lots, he thinks going to 8 inches is going to be
stretching us extremely thin and he thinks its going to be putting stress on the
budget for that department. There are also a certain number of folks out there
that if they are on vacation or that type of thing with the rain and with the
way the grass grows at certain times of the year, he thinks 8 inches is getting
us on some pretty thin ice. Councilperson Steve Schmitt stated he supports
everything in the ordinance with the exception of the 8 inches. Councilperson
Steve Schmitt asked if we have any kind of a metric to tell us how many calls or
how many complaints we received on this so far this year.
Larry Smith, Superintendent of Waste Management, responded he just mailed out 87
notices.
Councilperson Cole noted that there was another work session while Councilperson
Steve Schmitt were gone. It was her thinking that the mood of the council
changed because a foot is a lot of grass in a residential neighborhood.
Mayor Hurley stated it ended up being kind of a compromise because there was
some sentiment on the council to use compatibility. If your lawn wasn't
compatible with mine or several of the neighbors, but we saw the danger in that
although the intent was good. Mayor Hurley stated that he thinks the survey of
what other cities do use, 12 inches is a common one but 8 inches is not
uncommon.
Following comments a vote was taken with the following result. Ayes: Six.
Nays: Steve Schmitt. Motion carried.
129337 Reggie Schmitt/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Nays: Steve Schmitt. Motion
carried.
129338 Reggie Schmitt/Welper
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo,
Iowa, by repealing Article B, Weeds, of Chapter 5, Vegetation, of Title 7,
Public Ways & Property; and enacting in lieu thereof a new Article B, Weeds, of
Chapter 5, Vegetation, of Title 7, Public Ways & Property (changing height not
to exceed 8", adding code enforcement, requiring abatement within five calendar
days, excluding Sundays and federal holidays, requiring abatement within three
calendar days for additional notices in the same calendar year)", be considered
and passed for the second and third times and adopted. Ayes: Six. Nays:
Steve Schmitt.
Ordinance adopted and upon approval by Mayor assigned No. 4948.
NEW BUSINESS
129339 - Cole/Hart
that communication from Community Development Director transmitting
Waterloo/Cedar Falls HOME Consortium FY2010-FY2014 Five -Year Consolidated Plan
and FY2010 One -Year Action Plan for CDBG and HOME Program Funds, be received,
placed on file and "Resolution setting date of hearing as July 6, 2009, at 5:30
p.m. in the City Hall Council Chambers on the above described plan", be adopted
and City Clerk instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-614.
129340 - Cole/Hart
that communication from Community Planning & Development Director transmitting
request to sell and convey land left over after the construction of Fitzway
Drive to VGM for future campus expansion and development, be received, placed on
file and "Resolution setting date of hearing as July 13, 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. 2009-615.
June 22, 2009 Page 14
New Business continued
129341 - Cole/Hart
that communication from Community Planning & Development Director transmitting
request to sell and convey property generally located at 416-418 East Mullan
Avenue to Gateway Real Estates Holdings, LLC for $3,270.00, be received, placed
on file and "Resolution setting date of hearing as July 13, 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. 2009-616.
129342 - Cole/Hart
that communication from City Planner transmitting Rath Area Urban Renewal
Development Plan Amendment No. 2 to include industrial areas along Lafayette
Street and Dubuque Road from the existing Rath Urban Renewal Area, east to the
City Limits, be received, placed on file and "Resolution setting date of hearing
as July 6, 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. 2009-617.
129343 Hart/Reggie Schmitt
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. in conjunction with F.Y. 2010 Geraldine Road, Contract No. 767, be
received, placed on file and approved. Ayes: Seven. Motion carried.
129344 - Hart/Reggie Schmitt
that plans, specifications, form of contract, etc. in conjunction with F.Y. 2010
Geraldine Road, Contract No. 767, be received and placed on file. Ayes: Seven.
Motion carried.
129345 - Hart/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. 2009-618.
129346 - Hart/Reggie Schmitt
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. as July 6, 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. 2009-619.
ORAL PRESENTATIONS
129347 - James B. Robison stated he came before the council last week about an issue and
he was told by the City Attorney that he would contact him. Mr. Robinson asked
at that time if mayor and council had seen the notice he sent back to the city.
Mr. Robison submitted a copy of his response. Mr. Robison stated this response
relates to the time table and his financial position in getting things done.
There was some actions taken by the city that resulted in his losing some money
last year when he was away and he intended to have all of this done last summer.
Mr. Robison stated the later pages of his response speaks to this issue in terms
of financial and time wise.
Councilperson Greenwood stated this sounds like it is about litigation.
Mr. Robison asked if the City Attorney wants to wait up to August 20, 2009 when
they go to court before he gets an answer.
Mayor Hurley noted that Mr. Robison just gave council a legal document so they
are not able to speak to this item.
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June 22, 2009 Page 15
James Walsh, City Attorney, stated his client is the City of Waterloo, not
Robison so he cannot give him legal advice.
Oral Presentations continued
Mr. Robison stated he is not asking for legal advice, but he is asking for a
response in terms of what the Police Department is going to do in this specific
area with the use of informants before he gets into major remodeling and spends
a lot of money on repairs.
Mayor Hurley stated he is not going to discuss what the Police Department is
going to do in terms of informants, not in public.
Mr. Robison stated his research shows what they have done in the past, and he
needs an answer before he goes there, otherwise he is in a catch 22 situation.
He can't rent property where you have informants around and your going to allow
them to be involved in criminal activity. Its hard to rent property under those
circumstances.
Mayor Hurley stated he is confident that Mr. Robison will get a response.
Mr. Robison stated he gets the indication that the city does not want to deal
with this issue at all. As elected officials you would expect that they would
tackle any issue that comes before them because they are our elected officials
and this our problem not the state's problem, not the federal government's
problem, it is our problem.
David Meeks, Human Rights Director, thanked Mayor Hurley, Council and Department
Heads and the citizens of this community for making this years Summer Harmony
Day and Juneteenth activities a success and thanked them for their support.
Councilperson Cole stated that the company she works for hosted a large
conference here two weeks ago and among the comments that she heard and someone
sought her out to make this comment. They had been coming to this event for
eight years, and there was visible and pleasant improvement in our downtown.
They truly enjoyed being in the downtown area. There is one anecdote that
someone said we're doing the right thing for a change.
Mayor Hurley stated that when the Northwest Airlines flight from Detroit to L.A.
came down in Waterloo in emergency conditions a couple of weeks ago, we reached
out and extended some hospitality to those passengers and that has ended up with
just a large amount of goodwill for the city. Mayor Hurley stated he just
received an e-mail from Billy Bailey's office at the Five Sullivan Brothers Iowa
Veterans Museum, and they hosted a rather large affair. It went over extremely
well. Memberships were sold, they set ticket sales. There were people from
outside of the area, they greatly enjoyed the community. They were awed by the
museum, in fact one person whose been around and who was a World War II vet said
the Five Sullivan Brothers Museum outshone the World War II museum in New
Orleans, Louisiana. Mayor Hurley stated the community can be proud of that and
Grout District can be proud of their efforts over there.
Reggie Schmitt/Cole
that the above oral comments be received and placed on file and that the Council
adjourn at 6:55 p.m. Ayes: Seven. Motion carried.
Nancyrt, CMC
City Clerk