HomeMy WebLinkAboutMinutes-11/02/2009• •
November 2, 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, November 2, 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.
130128 - Reggie Schmitt/Steve Schmitt
that the Agenda, as amended, for the Regular Session on Monday, November 2,
2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
130129 - Reggie Schmitt/Steve Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, October 26,
2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
CONSENT AGENDA
130130 - 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. 1-68, dated November 2, 2009, in
the amount of $1,512,018.50, 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. 2009-1076.
2. Communication from General Manager of Waterloo Water Works transmitting
request to certify the amount of $716.41 for work performed by the Water
Works at 1006 Fairview Avenue, together with recommendation of approval of
Board of Water Works Trustees.
Resolution adopted and upon approval by Mayor assigned No. 2009-1077.
b. Motion to approve the following:
1. Dave Zellhoefer, Assistant City Attorney, to attend IMAA's 2009 Annual
Seminar in Johnston, Iowa on November 20, 2009, with costs not to exceed
$144.00.
c. Beer License Permit Application
Class B
Taqueria LaGuadalupana, 1010 E. Mitchell Avenue Unit #6 (Renewal) (Expires
11/16/10) (Includes Sunday Sales)
d. Beer License Permit Application
Class C
New Star Liquor, 1625 W. 4th Street (Renewal) (Expires 12/10/10) (Includes
Sunday Sales)
Casey's General Store #2427, 3035 Logan Avenue (Renewal) (Expires 12/31/10)
(Includes Sunday Sales)
Fareway Stores, Inc. #951, 40 W. San Marnan Drive (New) (Expires 11/16/10)
e. Liquor License Permit Application
Class C
Carlos O'Kelly's Mexican Cafe, 1331 Flammang Drive (Renewal) (Expires
12/30/10) (Includes Sunday Sales)
Lone Star Steakhouse, 4045 Hammond Avenue (New Owner) (Expires 3/12/10)
Jameson's Public House, 310 E. 4th Street (New Owner) (Expires 11/30/10)
(Includes Sunday Sales)
OL'Skool, 735 Logan Avenue (New Owner) (Expires 11/9/10) (Includes Sunday
Sales)
November 2, 2009 Page 2
Consent Agenda continued
f. Liquor License Permit Application
Class E
New Star Liquor, 1625 W. 4th Street (Renewal)
Sunday Sales)
Fareway Stores, Inc. #951, 40 W. San Marnan
g•
(Expires 12/10/10) (Includes
Drive (New) (Expires 11/16/10)
Wine License Permit Application
Class B
New Star Liquor, 1625 W. 4th Street (Renewal)
Sunday Sales)
Fareway Stores, Inc. #951, 40 W. San Marnan Drive
(Expires 12/10/10) (Includes
h. Outdoor Service Area Application
Carlos O'Kelly's Mexican Cafe, 1331 Flammang Drive
Jameson's Public House, 310 E. 4th Street
i. Pool/Billiard License Application
Buzz's Bar, 1016 Maynard Avenue
j. Dance License Permit Application
Wildsides, 312 W. 4th Street
(New) (Expires 11/16/10)
k. Pawnbroker's License Application
Mister Money Financial Services, Inc., 920 LaPorte Road
Farris Stereo & Loan, 211 W. 18th Street
Levi Brothers Jewelry & Loan, 306 E. 4th Street
Money and More of Waterloo, 1516 LaPorte Road
Ayes: Seven. Motion carried.
HEARINGS & BIDS
130131 - Steve Schmitt/Welper
that proof of publication of notice of public hearing
Demolition Project, Contract No. 170 -D -GO -11-02-09, as published
Courier on October 22, 2009, be received and placed on file.
Motion carried.
on General Obligation Bond
in the Waterloo
Ayes: Seven.
130132 - 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 oral and written comments be received and
on file. Ayes: Seven. Motion carried.
130133 - Steve Schmitt/Welper
placed
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with General Obligation Bond Demolition Project, Contract
No. 170 -D -GO -11-02-09", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-1078.
130134 - Steve Schmitt/Welper
that "Resolution authorizing to proceed in conjunction with above project",
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-1079.
be
• •
November 2, 2009
Hearings & Bids continued
130135 - Steve Schmitt/Welper
Bidder
Page 3
to receive, file and instruct Deputy City Clerk to open and read bids and refer
to Contracts and Grants Coordinator for review:
C & J Construction
Cedar Falls, IA
Frickson Brothers Excavation
Evansdale, IA
Lehman Trucking & Excavating
Waterloo, IA
Peterson Contractors, Inc.
Reinbeck, IA
Stickfort Construction Co.
Cedar Falls, IA
D.W. Zinser Co., Inc.
Walford, IA
Bid Bond Base Bid Alternate Total
$4,243.80 $35,711.00 $49,165.00 $84,876.00
$4,060.00 $34,700.00 $46,500.00 $81,200.00
5% $38,075.00 $50,450.00 $88,525.00
5% $61,850.00 $79,700.00 $141,550.00
5% $36,900.00 $48,250.00 $85,150.00
5% $79,999.00
Prior to a vote on the above motion, the following comments were heard.
Mayor Hurley stated that the large cost of this project is due to the demolition
of 12 houses and 3 garages.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven. Motion carried.
HEARINGS
130136 - Reggie Schmitt/Steve Schmitt
that proof of publication of notice of public hearing on Amendment to the
Waterloo Code of Ordinance to change the provisions of the Ordinance regulating
the placement of alcohol sales related businesses, as published in the Waterloo
Courier on October 27, 2009, be received and placed on file. Ayes: Seven.
Motion carried.
130137 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Carol Failor, Deputy City Clerk, reported that a citizen called in favor of the
new proposed ordinance.
Reggie Schmitt/Steve Schmitt
that the hearing be closed and oral comments be received and placed on file and
the ordinance be tabled and Deputy City Clerk be authorized to publish and set a
new date of hearing as November 9, 2009. Ayes: Seven. Motion carried.
UNFINISHED BUSINESS
130138 - Hart/Reggie Schmitt
that communication from City Planner transmitting recommendation of award of
contract in the maximum amount of $50,000.00 to Title Services Corporation of
Waterloo, Iowa in conjunction with Abstracting Services for Hazard Mitigation
Grant Program (HMGP) Property Acquisition Project, be received, placed on file
and "Resolution approving award of said contract", be adopted and Mayor and
Deputy City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-1080.
November 2, 2009 Page 4
Unfinished Business continued
130139 - Hart/Reggie Schmitt
that communication from Police Chief transmitting recommendation of award of
contract in the amount of $109,903.37.00 to Aces of Cedar Falls, Iowa in
conjunction with Purchase of Two Servers, Storage Access Network and Licensing
Software for Police Department, 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. 2009-1081.
PETITIONS FROM PUBLIC
130140 - Hart/Reggie Schmitt
that approve communication from City Planner transmitting request of Common Bond
Communities and East Waterloo Family Housing LLLP for a minor site plan
amendment to the "R -3,R -P" Planned Residence District for the development of the
Unity Square Townhomes to be located at the southeast corner of Newell Street
and Mobile Street, be received, placed on file and "Resolution approving said
request", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Hart stated that the Unity Square Townhomes name came from
community input at the last meeting that was held. He stated that the residents
came together, met with Common Bonds and that was the title that they came up
with for the townhomes.
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. 2009-1082.
130141 - Welper/Steve Schmitt
that communication from City Planner transmitting request of First Judicial
District Department of Correctional Services to sell and convey for $1.00 a
portion of Elm Street right-of-way generally located between Lafayette and
Mulberry Streets to accommodate for parking space for the proposed women's
correctional facility, be received, placed on file and "Resolution setting date
of hearing as November 16, 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. 2009-1083.
130142 - Welper/Steve Schmitt
that communication from City Planner transmitting request of Operation Threshold
to sell and convey for $1.00 Lots 2 and 3 of the Human Services Campus Addition
generally located at the corner of Elm and Lafayette Streets for their proposed
office building, be received, placed on file and "Resolution setting date of
hearing as November 16, 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. 2009-1084.
130143 - Welper/Steve Schmitt
that communication from City Planner transmitting request of First Judicial
District Department of Correctional Services to sell and convey for $100,000.00
Lot 1 of the Human Services Campus Addition generally located at the corner of
Elm and Lafayette Streets for the proposed women's correctional facility, be
received, placed on file and "Resolution setting date of hearing as November 16,
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. 2009-1085.
• •
November 2, 2009
DOCUMENTS
130144 - Getty/Hart
Page 5
that communication from Community Development Coordinator transmitting
application for FY10 Economic Development Initiative Special Purpose Grant funds
in the amount of $380,000.00 to be used for Chamberlain site demolition, be
received, placed on file and "Resolution approving said application", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-1086.
130145 - Getty/Hart
that communication from Superintendent of Waste Management transmitting
Certificate of Substantial Completion and recommendation of Acceptance of Work
performed by Prairie Construction Co., Inc. of Waterloo, Iowa for a total amount
of $353,951.60 in conjunction with the Storage Building for Water Pollution
Control Facility, be received, placed on file and "Resolution approving said
documents", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-1087.
130146 - Getty/Hart
that communication from Leisure Services Director transmitting Change Order No.
1 for a net increase of $3,753.00 for work performed by Peters Construction
Corp. of Waterloo, Iowa in conjunction with 2009 Riverfront Stadium Grandstand
ADA Ramp Project, be received, placed on file and approved and Mayor authorized
to execute same. Ayes: Seven. Motion carried.
130147 - Getty/Hart
that communication from Community Planning & Development Director transmitting
Preliminary Plat of Human Services Campus Addition, together with staff report,
aerial photo, preliminary plat and report of the City Engineer, be received,
placed on file and "Resolution approving said preliminary plat", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-1088.
130148 - Getty/Hart
that communication from Leisure Services Director transmitting completion of
project and final payment of $2,500.00 for work performed by Miller Fence
Company of Waterloo, Iowa, with a project total amount of $24,999.99 for 2009
Tibbitts Baseball Complex Fencing Project, be received, placed on file and
"Resolution approving said documents", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-1089.
130149 - Cole/Reggie Schmitt
that communication from Community Planning & Development Director transmitting
application with Army Corps of Engineers for grant in the amount of $1.5
million, with city match of 15 percent, for the Riverfront Stadium Levee
Construction project to provide additional flood protection, be received, placed
on file and "Resolution approving said application", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-1090.
130150 - Cole/Reggie Schmitt
that communication from Community Planning & Development Director
application with Army Corps of Engineers for grant in the amount of
with city match of 15 percent, for the Dry Run Creek Gatewell
project to provide additional flood protection, be received, placed
"Resolution approving said application", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-1091.
transmitting
$525,000.00,
Replacement
on file and
November 2, 2009
Documents continued
130151 - Cole/Reggie Schmitt
Page 6
that communication from Community Planning & Development Director transmitting
total acquisition contracts with: 1) Michael R. Price, Sr., 148 Sans Souci
Drive, $243,708.00; 2) Dale and Helen Wilcox, 106 Sans Souci Drive, $159,684.00;
3) Richard and Lynne Johnson, 128 Sans Souci Drive, $157,608.00; 4) Edward and
Patricia Stanhope, 176 Sans Souci Drive, $229,908.00; 5) Robert and Sylvia
Walker, 168 Sans Souci Drive, $162,384.00 in conjunction with the development of
the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, be
received, placed on file and "Resolution approving said contracts", be adopted
and Mayor and Deputy City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-1092.
130152 - Cole/Reggie Schmitt
that communication from Community Planning & Development Director transmitting
request to accept and approve Warranty Deed from Christopher Harris and Shuhong
Harris for property generally located at 1121 South Street, be received, placed
on file and "Resolution approving and accepting said deed", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-1093.
130153 - Cole/Reggie Schmitt
that communication from Superintendent of Waste Management Services transmitting
Supplemental Agreement No. 1 with AECOM Technical Services, Inc. at a cost of
$116,000.00 for the review of various services in conjunction with the
Wastewater Pollution Control System, 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. 2009-1094.
RESOLUTIONS TO BE ADOPTED
130154 - Greenwood/Steve Schmitt
that "Resolution accepting and approving acquisition of property generally
located at 520 Locust Street, as granted by court order pursuant to Section 657A
of the Iowa Code", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-1095.
130155 —Hart/Reggie Schmitt
that "Resolution approving changes to City Council Discretionary Hotel/Motel Tax
Grant form and grant process", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Mayor Hurley indicated that there was a work session held regarding this item.
Councilperson Hart reviewed the changes that have been made to the form and the
grant process.
Councilperson Welper asked when the process would then start and would it be
quarterly. Mayor Hurley stated that there is still two months left for
applications to be in for the January deadline and whether it be quarterly or
not is still not confirmed.
Councilperson Welper asked how often the applications come in. Mayor Hurley
stated that they tend to come in after the Convention and Visitors Bureau does
their process. He stated that as summer approaches with all of the events then
our own Police and Fire Department make a request for portions of that money for
event overtime that is not covered with the general fund.
Councilperson Hart stated that not a lot has changed as far as who is eligible
but more so having documentation submitted to the Council to review. He stated
that having the documentation would enable the Council to review it with the
organization which is similar to what other organizations/companies do.
Councilperson Hart stated that he has had conversations with Chief Financial
Officer, Michelle Weidner, about the possibilities of doing this quarterly.
• •
• •
November 2, 2009 Page 7
Resolutions to be Adopted continued
Mayor Hurley stated that he would presume that quarterly would work and then
someone from the Finance office would do an initial screening.
Councilperson Hart stated that with the CFO and Ad -Hoc members a proposal would
be brought then to the Council. He stated that through the process Council
would be able to see what is being awarded and how it got to that amount.
Councilperson Hart stated that this process would give a better understanding of
what is being awarded versus what was submitted by the organization. Mayor
Hurley stated that this is putting a structure to what is already in place and
could help with future Council's. Councilperson Welper stated that he would
like to hold these quarterly.
Councilperson Greenwood asked how much money would be kept in the reserves.
Michelle Weidner, Chief Financial Officer, stated that what was discussed is
only allocating this fiscal year the collections from the previous fiscal year.
She stated that this will give some reserves. Ms. Weidner and Councilperson
Hart discussed perhaps only awarding 90 percent of what was available each
quarter so that there would be a small pot for larger requests. She stated that
maybe the Ad -Hoc Committee could deal with that along the way because we may get
a quarter when a lot of applications get turned in and another quarter when
there are not very many applications turned in.
Councilperson Cole asked if there is some plan to notify the organizations of
the deadlines She stated that she thinks that we need to because we've changed
the process. Mayor Hurley stated that we could just go back to all of the
agencies that have submitted applications. Councilperson Cole stated that maybe
we could send out a press release.
Mayor Hurley stated that he would like to make this effective January 1, 2010
and the new changes will not be applied to the ones that are currently in the
process.
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. 2009-1096.
ORDINANCES TO BE ADOPTED
130156 - Steve Schmitt/Welper
that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (62)
River Road of Section 541, Increasing Speed Limits in Certain Areas; and
enacting in lieu thereof new Subsection (62) River Road of Section 541,
Increasing Speed Limits in Certain Areas (reduce speed limit from 45 mph to 30
mph on River Road from W. Commercial Street to 1,200 feet west of the
intersection)", be received, placed on file, considered and passed for the first
time. Ayes: Seven. Motion carried.
130157 - Steve Schmitt/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
130158 - Steve Schmitt/Welper
that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (62)
River Road of Section 541, Increasing Speed Limits in Certain Areas; and
enacting in lieu thereof new Subsection (62) River Road of Section 541,
Increasing Speed Limits in Certain Areas (reduce speed limit from 45 mph to 30
mph on River Road from W. Commercial Street to 1,200 feet west of the
intersection)", be considered and passed for the second and third times and
adopted.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Getty asked when River Road would be open. Dennis Gentz,
Assistant City Engineer, stated that he does not have a set date of opening and
indicates that maybe in about a week and a half.
November 2, 2009 Page 8
Ordinances to be Adopted continued
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4973.
130159 - Greenwood/Steve Schmitt
that "an Ordinance vacating a portion of River Road abutting the current
property on Mullan Avenue to allow for continued operation and upgrade to the
Manatt's concrete plant facility", be received, placed on file, considered and
passed for the third time and adopted. Ayes: Five. Nays: Two.
Ordinance adopted and upon approval by Mayor assigned No. 4974.
130160 - Greenwood/Steve Schmitt
that "Resolution authorizing said sale and conveyance", be adopted and City
Attorney instructed to prepare and deliver deed accordingly. Ayes: Five.
Nays: Two.
Resolution adopted and upon approval by Mayor assigned No. 2009-1097.
NEW BUSINESS
130161 - Hart/Reggie Schmitt
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. in conjunction with F.Y. 2010 Fletcher Avenue Flood Gate Repairs, Contract
No. 753, be received, placed on file and approved. Ayes: Seven. Motion
carried.
130162 - Hart/Reggie Schmitt
that plans, specifications, form of contract, etc. in conjunction with F.Y. 2010
Fletcher Avenue Flood Gate Repairs, Contract No. 753, be received and placed on
file. Ayes: Seven. Motion carried.
130163 - Hart/Reggie Schmitt
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with above described project", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-1098.
130164 - Hart/Reggie Schmitt
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. and taking of bids as November 23, 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. 2009-1099.
130165 - Getty/Greenwood
that communication from Community Planning & Development Director transmitting
request for authorization to seek Requests for Proposals for sale of property
located at the southeast corner of Greenhill Road and University Avenue, located
north of 1015 South Hackett Road, be received, placed on file and "Resolution
setting date of hearing as November 16, 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. 2009-1100.
ORAL PRESENTATIONS
130166 - Ryan Madison, 650 Dawson Street, stated that he is in favor of the alcohol
ordinance and would like the Council to consider amending the ordinance to
restrict individuals under the age of 21 to not allow them into liquor stores
also. Mr. Madison states that he is in favor of the ordinance but would also
like to keep kids out of liquor stores as well.
• •
• r
• •
November 2, 2009 Page 9
Oral Presentations continued
Mayor Hurley reminded residents to vote in the municipal elections and that the
ballot needs to be turned over because the local option sales tax question is on
the back side.
Getty/Reggie Schmitt
that the above oral comments be received and placed on file and Council adjourn
at 6:18 p.m. Ayes: Seven. Motion carried.
FaAt
Carol Failor
Deputy City Clerk