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October 5, 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, October 5, 2009. Mayor Pro Tem Reggie
Schmitt in the Chair. Roll Call: Cole, Getty, Greenwood, Steve Schmitt, Welper, Reggie
Schmitt.
Moment of Silence.
Pledge of Allegiance: David Meeks, Human Rights Director.
129946 - Welper/Steve Schmitt
that the Agenda, as amended, for the Regular Session on Monday, October 5, 2009,
at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
129947 - Welper/Steve Schmitt
that the Minutes, as proposed, for
2009, at 5:30 p.m., be accepted and
Mayor Pro Tem Reggie Schmitt read a
Fire Prevention Week.
Mayor Pro Tem Reggie Schmitt read a
Mental Illness Awareness Week.
CONSENT AGENDA
129948 - Welper/Steve Schmitt
the Regular Session on
approved. Ayes: Seven
Proclamation declaring
Proclamation declaring
Monday, September 28,
. Motion carried.
October 4-10, 2009 as
October 4-10, 2009 as
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. 1-69, dated October 5, 2009, in
the amount of $992,648.33, a copy of which is on file in the Deputy City
Clerk's office, together with recommendation of approval of the Finance
Committee.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2009-
993.
2. Communication from Police Chief transmitting request from East High School
to hold annual Homecoming Parade on October 9, 2009 from 2:30 p.m. to 3:20
p.m., with route beginning at intersection of High and Vine, proceeding to
East 5th and Walnut, continue on East 5th to Sycamore, right on Sycamore,
right on East 4th , proceeding on East 4th crossing Franklin returning to
East High School using Lime Street.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2009-
994.
3. Communication from City Engineer transmitting request of Kevin Wall for
waiver for a concrete driveway to be located at 235 Niagara Drive,
together with recommendation of approval.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2009-
995.
4. Communication from General Manager of Waterloo Water Works transmitting
request to certify the amount of $1,850.00 for work performed by the Water
Works at 2119 Clearview Street, together with recommendation of approval
of Board of Water Works Trustees.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2009-
996.
5. Communication from General Manager of Waterloo Water Works transmitting
request to certify the amount of $1,380.00 for work performed by the Water
Works at 2126 Idaho Street, together with recommendation of approval of
Board of Water Works Trustees.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2009-
997.
October 5, 2009 page
Consent Agenda continued
6. Communication from General Manager of Waterloo Water Works transmitting
request to certify the amount of $1,102.07 for work performed by the Water
Works at 1019 Lafayette Street, together wi€h recommendation of approval
of Board of Water Works Trustees.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2009-
998.
b. Motion to deny the following:
1. Communication from Deputy City Clerk transmitting request from Jason
Wright for a variance to the Noise Ordinance from October 8, 2009 through
October 31, 2009 from 8:00 p.m. to 12:00 a.m. in conjunction with the
House of Death haunted house to be held at 3551 University Avenue,
including a band, live D.J. and a P.A. system, together with
recommendation of denial of Police Chief.
c. Motion to approve the following:
1. Mark A. Boesen, Manager of Rehabilitation Services, to attend IAHO Fall
Conference and Program Certifications in Waterloo, Iowa on October 7-9,
2009, with costs not to exceed $250.00, including use of city vehicle.
2. Rudy D. Jones, Community Development Director, to attend HOME &
Neighborhood Stabilization Program Training in Detroit, Michigan on
October 21-22, 2009, with costs not to exceed $1,505.00.
3. David Meeks, Human
Rights Director, to attend RECCR 2009
Conference in Kansas City, Missouri
to exceed $1,050.00.
on October 14-16, 2009, with
Training
costs not
d. Beer/Liquor License Permit Application
Class C
Pat's Tavern, 303 West 4th Street (Renewal) (Expires 9/24/10) (Includes Sunday
Sales)
Club Cream, 120 Sumner Street (New Owner) (Expires 10/8/10) (Includes Sunday
Sales)
Z's Restaurant & Lounge, 3937 W. Airline Hwy (Renewal) (Expires 10/31/10)
e. Beer License Permit Application
Class C
Metro Mart #4, 2332 Falls Avenue (Renewal) (Expires 11/13/10)
Holiday Stationstore #207, 1604 LaPorte Road (Renewal) (Expires 11/30/10)
(Includes Sunday Sales)
All Stop Convenience Stores, 2424 Ranchero Road (Renewal) (Expires 11/26/10)
(Includes Sunday Sales)
f. Beer License Permit Application
Class B
Great Taste Buffet, 106 Brookeridge Drive (New) (Expires 10/1/10) (Includes
Sunday Sales)
g. Liquor License Permit Application
Class A
The Supervisors Club, 3265 DeWitt Road,
Sunday Sales)
(Renewal) (Expires 11/9/10) (Includes
h. Liquor License Permit Application
Class E
King Star, 127 Jefferson Street, (New) (Expires 11/7/10) (Includes Sunday
Sales)
i. Outdoor Service Area Application
The Supervisors Club, 3265 DeWitt Road
j. Fire Works Display Application
Waterloo Community Schools, Central Football Field for East High Homecoming
on 10/9/09
k. Bonds.
Ayes: Seven, with Councilperson Steve Schmitt abstaining on payment in the
amount of $2,212.19 to Schmitt Telecom Partners, Inc. Motion carried.
• •
October 5, 2009 Page 3
HEARINGS & BIDS
129949 - Hart/Welper
that proof of publication of notice of public hearing on Purchase of One 2010
Ford F-450 With Dump Box, as published in the Waterloo Courier on September 17,
2009, be received and placed on file. Ayes: Seven. Motion carried.
129950 - This being the time and place of public hearing, the Mayor Pro Tem called for
written and oral objections and there were none.
Hart/Welper
that the hearing be closed. Ayes: Seven. Motion carried.
129951 - Hart/Welper
that "Resolution preliminarily approving specifications, bid document, etc. in
conjunction with Purchase of One 2010 Ford F-450 With Dump Box", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2009-999.
129952 - Hart/Welper
that "Resolution authorizing to proceed in conjunction with above purchase", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2009-1000.
129953 - Hart/Welper
to receive, file and instruct Deputy City Clerk to open and read bids and refer
to Superintendent of Central Garage for review:
Bidder Bid Price Total
Bill Colwell Ford, Hudson, IA $42,671.00
Dick Witham Ford, Waterloo, IA $42,190.00
Ed Stivers Ford, Waukee, IA $42,774.00
Charles Gabus Ford, Des Moines, IA $42,950.29
Lindquist Ford, Bettendorf, IA $43,018.00
Ayes: Seven. Motion carried.
129954 - Steve Schmitt/Hart
that proof of publication of notice of public hearing on Rental of Three Motor
Graders With Snow Operations, as published in the Waterloo Courier on September
17, 2009, be received and placed on file. Ayes: Seven. Motion carried.
129955 - This being the time and place of public hearing, the Mayor Pro Tem called for
written and oral objections and there were none.
Steve Schmitt/Hart
that the hearing be closed. Ayes: Seven. Motion carried.
129956 - Steve Schmitt/Hart
that "Resolution preliminarily approving specifications, bid document, etc. in
conjunction with Rental of Three Motor Graders With Snow Operations", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2009-1001.
129957 - Steve Schmitt/Hart
that "Resolution authorizing to proceed in conjunction with above purchase", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2009-1002.
October 5, 2009 Page 4
Hearings & Bids continued
129958 - Steve Schmitt/Hart
to receive, file and instruct Deputy City
Clerk to open and
to Superintendent of Central Garage for review:
Bidder
Murphy Tractor, Waterloo, IA
Ayes: Seven. Motion carried.
129959 - Greenwood/Steve Schmitt
Total Lease
For Total Period
$48,000.00
read bids and refer
that proof of publication of notice of public hearing on One Emergency Generator
and Automatic Transfer Switch to be Installed at Central Garage, as published in
the Waterloo Courier on September 25, 2009, be received and placed on file.
Ayes: Seven. Motion carried.
129960 - This being the time and place of public hearing,
written and oral objections and there were
Greenwood/Steve Schmitt
that the hearing be closed. Ayes: Seven.
129961 - Greenwood/Steve Schmitt
none.
the Mayor
Motion carried.
Pro Tem called for
that "Resolution preliminarily approving specifications, bid document, etc. in
conjunction with One Emergency Generator and Automatic Transfer Switch to be
Installed at Central Garage", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2009-1003.
129962 - Greenwood/Steve Schmitt
that "Resolution authorizing to proceed in
adopted. Ayes: Seven.
conjunction with above project", be
Resolution adopted and upon approval by Mayor Pro Tem assigned No.
2009-1004.
129963 - Greenwood/Steve Schmitt
to receive, file and instruct Deputy City Clerk to open and read bids and refer
to Superintendent of Central Garage for review:
Bidder Bid Bond Bid Amount
Black Hawk Electric, Waterloo, IA 5% $29,830.00
Paulson Electric, Waterloo, IA 5% $39,850.00
Ayes: Seven. Motion carried.
UNFINISHED BUSINESS
129964 - Getty/Hart
that communication from Contracts and Grants Coordinator transmitting
recommendation of award of contract in the amount of $63,965.00 to Lehman
Trucking & Excavating, Inc. in conjunction with General Obligation Bond
Demolition Project, Contract No. 166 -D -GO -10-05-09, be received, placed on file
and "Resolution approving award of said contract", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2009-1005.
• •
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October 5, 2009 Page 5
Unfinished Business continued
129965 - Getty/Hart
that communication from Contracts and Grants Coordinator transmitting
recommendation of award of contract in the amount of $9,000.00 to Lehman
Trucking & Excavating, Inc. in conjunction with General Obligation Bond
Demolition Project, Contract No. 167 -D -GO -10-05-09, be received, placed on file
and "Resolution approving award of said contract", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2009-1006.
129966 - Getty/Hart
that communication from Superintendent of Central Garage transmitting
recommendation of acceptance of bid in the amount of $199,474.00 to Cedar Rapids
Truck Center in conjunction with Purchase of One (1) Cab -Over Truck Chassis With
Automated Side -Loader Garbage Compactor, be received, placed on file and
"Resolution approving acceptance of said bid", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2009-1007.
PETITIONS FROM PUBLIC
129967 - Cole/Steve Schmitt
that communication from Community Development Director transmitting request of
Tim Troyer on behalf of Cory Troyer to sell and convey for $1.00 16' x 120'
platted public alley in Block 6 of Russell Heights Addition directly north of
property located at 1415 West 11th Street for the purpose of constructing a new
detached garage, together with recommendation of approval of Building & Grounds
Committee, be received, placed on file and "Resolution setting date of hearing
as October 12, 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 Pro Tem assigned No. 2009-1008.
129968 - Cole/Steve Schmitt
that communication from City Planner transmitting request of INVISION
Architecture on behalf of the Iowa Department of Corrections to vacate a portion
of Elm Street generally located between Lafayette and Mulberry Streets, and a
portion of right-of-way for the proposed Human Services Campus, be received,
placed on file and "Resolution setting date of hearing as October 19, 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 Pro Tem assigned No. 2009-1009.
129969 - Cole/Steve Schmitt
that communication from Community Planning & Development Director transmitting
request from Manatt's to vacate, sell and convey a portion of River Road for
$1.00, be received, placed on file and "Resolution setting date of hearing as
October 19, 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 Pro Tem assigned No. 2009-1010.
DOCUMENTS
129970 - Hart/Steve Schmitt
that communication from Planning & Development Director transmitting application
with the US Environmental Protection Agency for brownfield assessment grant in
the amount of $400,000.00, with no required local match, be received, placed on
file and "Resolution approving said application", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2009-1011.
October 5, 2009 Page 6
Documents continued
129971 - Hart/Steve Schmitt
that communication from Associate Engineer transmitting City -State Federal -Aid
Project Agreement with Iowa Department of Transportation for Right -of -Way
Acquisition in conjunction with U.S. Highway 63 Transportation Improvements from
Newell Street to Donald Street, be received, placed on file and "Resolution
approving said agreement", be adopted and Mayor Pro Tem and Deputy City Clerk
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2009-1012.
129972 - Hart/Steve Schmitt
that communication from Sports Manager transmitting application with the
Community Foundation of Northeast Iowa for a grant to construct a shelter and
sidewalks at the Pat Bowlsby Off Leash Dog Park in the amount of $15,000.00,
with no required local match, be received, placed on file and "Resolution
approving said application", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2009-1013.
129973 - Hart/Steve Schmitt
that communication from City Planner transmitting Real Estate Purchase Agreement
with Dick Lewis to purchase 3 properties generally located in the Highway 63
area for $286,000.00, plus up to $12,000.00 in closing and related costs, be
received, placed on file and "Resolution approving said agreement", be adopted
and Mayor Pro Tem and Deputy City Clerk authorized to execute same. Ayes:
Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2009-1014.
ORDINANCES TO BE ADOPTED
129974 - Steve Schmitt/Hart
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo,
Iowa by repealing Section 3-4B-6, Firearms Records Register, Section 3-4B-9,
Holding Periods, and Subsection B of Section 3-4B-10, Prohibited Acts of Article
B, Secondhand Goods Dealers, of Chapter 4, Businesses relating to sales, of
Title 3, Business and License regulations (adding language for jewelry and
precious metals for licensing of Secondhand Goods Dealers)", be received, placed
on file, considered and passed for the first time. Ayes: Seven. Motion
carried.
129975 - Steve Schmitt/Hart
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
129976 - Steve Schmitt/Hart
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo,
Iowa by repealing Section 3-4B-6, Firearms Records Register, Section 3-4B-9,
Holding Periods, and Subsection B of Section 3-4B-10, Prohibited Acts of Article
B, Secondhand Goods Dealers, of Chapter 4, Businesses relating to sales, of
Title 3, Business and License regulations (adding language for jewelry and
precious metals for licensing of Secondhand Goods Dealers)", be considered and
passed for the second and third times and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4962.
129977 - Greenwood/Steve Schmitt
that "an Ordinance amending the franchise agreement with MCC Iowa LLC (change
public access channels to digital and to add DOCSIS 3.0 broadband for
residential areas)", be received, placed on file, considered and passed for the
first time. Ayes: Seven. Motion carried.
129978 - Greenwood/Steve Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
•
October 5, 2009
Ordinances to be Adopted continued
129979 - Greenwood/Steve Schmitt
Page 7
that "an Ordinance amending the franchise agreement.:with MCC Iowa LLC (change
public access channels to digital and to add DOCSIS 3.0 broadband for
residential areas)", be considered and passed for the second and third times and
adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4963.
NEW BUSINESS
129980 - Welper/Steve Schmitt
to instruct Leisure Services Director to prepare plans, specifications, form of
contract, etc. in conjunction with 2009 Waterloo Boat House Project, be
received, placed on file and approved. Ayes: Seven. Motion carried.
129981 - Welper/Steve Schmitt
that plans, specifications, form of contract, etc. in conjunction with 2009
Waterloo Boat House Project, be received and placed on file. Ayes: Seven.
Motion carried.
129982 - Welper/Steve 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 Pro Tem assigned No. 2009-1015.
129983 - Welper/Steve Schmitt
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. and taking of bids as October 19, 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 Pro Tem assigned No. 2009-1016.
129984 - Hart/Steve Schmitt
that communication from Fire Chief transmitting award of contract with Harrison
Truck Centers of Elk Run Heights, Iowa for a total amount of $72,799.00 for
Purchase of 2010 Ambulance Chassis, be received, placed on file and "Resolution
setting date of hearing as October 12, 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 Pro Tem assigned No. 2009-1017.
129985 - Hart/Steve Schmitt
that communication from Fire Chief transmitting award of contract with Emergency
Vehicle Sales of Alexander, Iowa for a total amount of $118,520.00 for Purchase
of Ambulance Modular (patient compartment), be received, placed on file and
"Resolution setting date of hearing as October 12, 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 Pro Tem assigned No. 2009-1018.
129986 - Hart/Steve Schmitt
that communication from Fire Chief transmitting recommendation of acceptance of
bid from Aramark Uniform Services for towels and mechanics uniforms, be
received, placed on file and "Resolution approving said bid", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2009-1019.
October 5, 2009 Page 8
ORAL PRESENTATIONS
129987 - Orrin Miller, 1920 Franklin Street, stated his concern of the closing of Fire
Station No. 5 on Nevada Street in one of the largest wards in the city that is
crossed with the railroad tracks.
Lawrence Wheeler, 433 Bratnober, stated that his concern that St. Vincent DePaul
thrift store located on Broadway is becoming a dump station for people. Mr.
Wheeler stated that there has been trash that has sat outside the building for
40 days and sanitation has had to clean up the mess. Mr. Wheeler stated that
there is also a constant dumping of clothing, furniture, tires, etc. at the
Community Laundry located on Conger and Broadway also. He feels that there
should be some better monitoring of the area so the tax payers are not paying
for the constant clean up of these areas. Mr. Wheeler stated that these areas
are an attraction for rats and mold. He stated that this is a hazard to the
children in the area. Mr. Wheeler stated his concern about children in the
neighborhood exposing themselves, urinating and leaving fecal matter. He has
contacted the Department of Human Services and feels that these children should
be taken away from their parents.
Cole/Welper
that the above oral comments be received and placed on file and Council adjourn
at 6:18 p.m. Ayes: Seven. Motion carried.
Carol Failor
Deputy City Clerk
• •