HomeMy WebLinkAboutMinutes-9 /14/2009• •
September 14, 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, September 14, 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: Tom Jennings, Police Chief.
129808 - Reggie Schmitt/Steve Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, September 14,
2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
129809 - Reggie Schmitt/Steve Schmitt
that the Minutes, as proposed, for the Regular Session on Tuesday, September 8,
2009, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
Mayor Hurley read a Proclamation declaring September 13-19, 2009 as Waterloo
Employer Support of the Guard and Reserve Week.
Presentation by Tammy Turner and Lyndsey Anderson, Waste Trac Recycling
Educators with Black Hawk County Solid Waste Management Commission, on the
Energy & Environment Fair to be held on Saturday, September 26, 2009.
CONSENT AGENDA
129810 - 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. 1-122, dated September 14, 2009,
in the amount of $4,546,267.80, 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. 2009-909.
2. Communication from City Engineer transmitting request of Neil J. Miller
for a waiver for a concrete driveway to be located at 1815 Castle Street,
together with recommendation of approval.
Resolution adopted and upon approval by Mayor assigned No. 2009-910.
3. Communication from Planner II transmitting request of Antoinette Johnson
for tax exemptions for improvements totaling $26,000.00 for 714 Quincy
Street located in the Consolidated Urban Revitalization Area.
Resolution adopted and upon approval by Mayor assigned No. 2009-911.
b. Motion to approve the following:
1. Paul Huting, Leisure Services Director, to attend Iowa Park & Recreation
Association 2009 Fall Workshop in Ames, Iowa on September 22-24, 2009,
with costs not to exceed $316.60, including use of city vehicle.
2. Jonikka Lyons, Police Officer, to attend ILEA Certification at Hawkeye
Community College on September 14 -November 6, 2009, with costs not to
exceed $3,100.00, including use of city vehicle.
3 Cammie Scully, Director; Kent Shankle, Curator; Carolyn Carpenter, Youth
Pavilion Manager; Shannon Farlow, Development Director; and Johanna
Kramer -Weston, Program Director; to attend Iowa Museum Association
Conference in Waterloo/Cedar Falls, Iowa on October 4-6, 2009, with costs
not to exceed $555.00, including use of city vehicle.
4. Greg Fangman, Police Sergeant, to attend Police K9 Selection and
Certification in Denver, Indiana on September 20-25, 2009, with costs not
to exceed $2,320.00, including use of city vehicle.
September 14, 2009 Page 2
Consent Agenda continued
c.
5. Stacy Hogle, Police Officer, to attend Internet Crimes Against Children
Undercover Chat Investigations Training in New Orleans, Louisiana on
September 19-25, 2009, with costs not to exceed $1,020.00.
6. Melissa Lippert, Augustine Farmer,
Officers, to attend Field Training
September 14-18, 2009, with costs not
7. Reggie Schmitt, Council Member, to
Conference & Exhibit in Davenport,
costs no to exceed $325.00.
Chris Morley and Ed Savage, Police
Officer School in Waterloo, Iowa on
to exceed $1,400.00.
attend Iowa League of Cities Annual
Iowa on September 23-25, 2009, with
8. Communication from Mayor Hurley transmitting recommendation of appointment
of the following to the ADA Compliance Commission: appointment of Debra
Hodges-Harmond and Teri Lynn Jorgensen, with term expiration date of
February 1, 2012; reappointment of Craig Schwerdtfeger, Debra Gosse and
Diane Holmes, with term expiration date of February 1, 2011; reappointment
of Darci Krouse, with term expiration date of February 1, 2012; and
reappointment of Mike Reyhons and Rod Burnett, with term expiration date
of February 1, 2013.
Beer/Wine License Permit Application
pecial Class C
Holiday Inn Express,
Sunday Sales)
2127 LaPorte Road (New) (Expires 10/1/10) (Includes
d. Beer License Permit Application
Class C
Kum & Go, 117 E. San Marnan Drive (Renewal) (Expires 11/2/10) (Includes
Sunday Sales)
Kum N Go, 1976 Franklin Street (Renewal) (Expires 11/2/10) (Includes Sunday
Sales)
e. Wine License Permit Application
Class B
Kum & Go, 117 E. San Marnan Drive (Renewal) (Expires 11/2/10) (Includes
Sunday Sales)
Ayes: Seven. Motion carried.
HEARINGS
129811 - Steve Schmitt/Welper
that proof of publication of notice of public hearing on request of City Planner
for San Marnan Development Plan Amendment No. 2 to include vacant commercial
areas and existing residential areas that could be redeveloped as commercial
along Kimball Avenue, north of Highway 20, as published in the Waterloo Courier
on August 21, 2009, be received and placed on file. Ayes:Seven. Motion
carried.
129812 - 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.
129813 - Steve Schmitt/Welper
that "Resolution designating said area as an urban renewal area and adopting
said Amendment No. 2 to the Plan", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-912.
September 14, 2009 Page 3
Hearings continued
129814 - Steve Schmitt/Welper
that "an Ordinance adopting Amendment No. 2 to the San Marnan Urban Renewal
Development Plan and amending Ordinance No. 4351 to provide that general
property taxes levied and collected each year on all property located within the
San Marnan Urban Renewal Development Plan Area of the City of Waterloo, County
of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City
of Waterloo, County of Black Hawk, Waterloo Community School District, and other
taxing districts, be paid to a special fund for payment of principal and
interest on loans, monies advanced to and indebtedness, including bonds issued
or to be issued, incurred by said city in connection with the amended San Marnan
Urban Renewal Development Plan Area", be received, placed on file, considered
and passed for the first time. Ayes: Seven. Motion carried.
129815 - Steve Schmitt/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
129816 - Steve Schmitt/Welper
that "an Ordinance adopting Amendment No. 2 to the San Marnan Urban Renewal
Development Plan and amending Ordinance No. 4351 to provide that general
property taxes levied and collected each year on all property located within the
San Marnan Urban Renewal Development Plan Area of the City of Waterloo, County
of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City
of Waterloo, County of Black Hawk, Waterloo Community School District, and other
taxing districts, be paid to a special fund for payment of principal and
interest on loans, monies advanced to and indebtedness, including bonds issued
or to be issued, incurred by said city in connection with the amended San Marnan
Urban Renewal Development Plan Area", be considered and passed for the second
and third times and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4956.
129817 - Greenwood/Steve Schmitt
that proof of publication of notice of public hearing to rezone from "A-1"
Agricultural District and "R-2" One and Two Family Residence District to "R-2"
One and Two Family Residence District property generally located on Lots 1, 8, 9
and Tract A of Silver Lake Estates to provide for existing residential lots to
have homes rebuilt on them, as published in the Waterloo Courier on August 21,
2009, be received and placed on file. Ayes: Seven. Motion carried.
129818 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Greenwood/Steve Schmitt
that the hearing be closed and recommendation of approval of Planning,
Programming and Zoning Commission be received and placed on file. Ayes: Seven.
Motion carried.
129819 - Greenwood/Steve Schmitt
that "an Ordinance amending the Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 403 to Section 2A-5, Rezoning Certain
Property", be received, placed on file, considered and passed for the first
time. Ayes: Seven. Motion carried.
129820 - Greenwood/Steve Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
129821 - Greenwood/Steve Schmitt
that "an Ordinance amending the Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 403 to Section 2A-5, Rezoning Certain
Property", be considered and passed for the second and third times and adopted.
Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4957.
September 14, 2009 Page 4
UNFINISHED BUSINESS
129822 - Welper/Reggie Schmitt
that communication from Building Official/Maintenance Administrator transmitting
recommendation of award of contract in the amount of $135,522.65 to Stickfort
Construction of Cedar Falls, Iowa in conjunction with F.Y. 2010 ADA
Accessibility Plan - University Avenue and Greenhill Road, be received, placed
on file and "Resolution approving award of said contract", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-913.
129823 - Welper/Reggie Schmitt
that communication from Building Official/Maintenance Administrator transmitting
recommendation of award of contract in the amount of $1,601,780.00 to Cardinal
Construction of Waterloo, Iowa in conjunction with New Fire Station #8 for the
City of Waterloo, be received, placed on file and "Resolution approving award of
said contract", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Getty asked if this amount all covered by the agreement that we
have with that company. When it started we said it was not going to cost the
city any money to make this change, and he asked if that is still true.
Mayor Hurley responded that is true.
Councilperson Getty asked if the total cost to the city is $2,127,506.00.
Noel Anderson, Community Planning & Development Director, responded yes they
believe at this time all of the costs for the construction will be covered by
the purchase agreement which is later on the agenda. He put a list in the
letter to the council as to the cost of construction, land acquisition,
intersection improvements, and architectural fees, which is the best estimate we
have on those at this point with the MPO funds available
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. 2009-914.
DOCUMENTS
129824 - Welper/Reggie Schmitt
that communication from Contracts and Grants Coordinator transmitting Change
Order No. 2 for a net increase in the amount of $51,206.00 for work to be
performed by D. W. Zinser Co. Inc. in conjunction with General Obligation Bond
Demolition Project, Contract No. 156 -D -GO -03-03-08, be received, placed on file
and approved and Mayor authorized to execute same. Ayes: Seven. Motion
carried.
129825 - Welper/Reggie Schmitt
that communication from Leisure Services Director transmitting Certificate of
Substantial Completion for work performed by Tricon General Construction of
Dubuque, Iowa at a total cost of $67,810.80 in conjunction with 2009 Riverfront
Stadium Grandstand & Structural Repairs, be received, placed on file and
"Resolution approving said documents", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-915.
129826 - Welper/Reggie Schmitt
that communication from Police Chief transmitting agreement with Iowa Homeland
Security and Emergency Management Division for a 2008 Homeland Security Grant in
an amount not to exceed $297,352.33, with no required local match, for the LEIN
Region 2, 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. 2009-916.
• •
• •
September 14, 2009 Page 5
Documents continued
129827 - Hart/Reggie Schmitt
that communication from City Planner transmitting contracts and promissory notes
for Disaster Recovery Business Rental Assistance Program with the following:
Pioneer Graphics, Inc. at 316 West 5th Street for $50,000.00; Dynamic
Communications, LLC at 800 Jefferson Street for $5,100.00; Darnell Jones Agency
State Farm at 10 West 4th Street for $9,900.00; SKS Communications at 10 West 4th
Street for $7,200.00; Pederson Law Office at 501 Sycamore Street for $2,100.00;
K&V Business Management at 501 Sycamore Street for $1,500.00; Cedar Valley Fish
Market, Inc. at 218 Division Street for $3,000.00; Barney's at 501 West 4th
Street for $5,400.00; Judy's at 209 West 5th Street for $2,100.00; City &
National Employment, LTD at 221 East 4th Street for $30,000.00; KOT, Inc. DBA
Sapphires Gentlemen's Club at 301 West 4th Street for $21,054.00; McLaughlin
Investment Services at 209 West 5th Street for $4,800.00; Diane Larsen Law Office
at 501 Sycamore Street for $1,950.00; LaPlacita at 322 West 4th Street for
$12,000.00; Times Sports Bar & Grill at 213 East 5th Street for $9,450.00; Star
Performers, LTD at 209 West 5th Street for $2,100.00; Barmuda MMC, LLC at 10 West
4th Street for $15,890.04; LaBelle, Inc. DBA Smitty's Bar at 709 Jefferson Street
for $9,900.00; Bob's Barber Shop at 711 Jefferson Street for $2,400.00; Viper
Entertainment at 319 Jefferson Street for $4,895.96; Jaylin Corporation at 501
Sycamore Street for $1,614.00; Iowa Hospice, LLC at 624 Commercial Street for
$24,000.00; Wortham-White Law Office at 501 Sycamore Street for $3,900.00;
Fischels Music, Inc. at 722 Commercial Street for $15,000.00; Eye of the Needle
(L.O.F.T.) at 607 Sycamore Street for $1,770.00; River Plaza Athletic Club at 10
West 4th Street for $50,000.00; A&S Petroleum, Inc. at 127 Jefferson Street for
$33,000.00; MCPA, Inc. at 127 Jefferson for $15,000.00; Bourbon Street
Restaurant, LLC at 501 Sycamore Street for $50,000.00; LaChiquita, Inc. at 301
East 4th Street for $12,320.00 and Cummings Ventures II DBA Pat's Tap at 303 West
4th Street for $10,500.00, 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.
Mayor Hurley explained that this is a Community Development Block Grant Business
Disaster Recovery Financial Assistance program from the Iowa Department of
Economic Development. It allows for tenants renting space within a disaster
impacted building up to six months' free rent for a maximum of $50,000.00 given
as a forgivable loan, and the rent can be paid as far back as October 2008.
There are some minor requirements if its rent paying forward. We have 32
applications, and each must be a contract agreement executed between the City of
Waterloo and each of the businesses. There are ten additional applications that
are still being worked on, and there may be some funds left over.
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. 2009-917.
129828 - Getty/Hart
that communication from Community Planning & Development Director transmitting
Second Amendment to Purchase and Sale Agreement with First Equity Acquisitions,
LLC for the purchase of Crossroads Fire Station #8 at an amount of
$2,127,506.00, with First Equity Acquisitions, LLC purchasing the land for the
new site and conveying the land to the city for $270,000.00, be received, placed
on file and "Resolution approving said amendment", be adopted and Mayor and City
Clerk authorized to execute same.
Prior to a vote on the above motion, the following comments were heard.
Noel Anderson, Community Planning & Development Director, stated that the city
is paying First Equity Acquisitions exactly what they paid for the land.
Councilperson Greenwood stated that its $1.6 million for the building,
$270,000.00 to buy the land back and then we pay $100,000.00 or somebody pays
the commission so this nets out.
Mayor Hurley stated that hopefully if we don't have any big change orders, there
will be a positive net that goes into the city's general fund. We also will
have a taxpaying business on that corner spurring further developments that
going forward will incrementally increased our tax base.
September 14, 2009 Page 6
Documents continued
Following comments a vote was taken on he above motion with the following
result. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-918.
129829 - Reggie Schmitt/Steve Schmitt
that communication from Community Planning & Development Director transmitting
Agreement with Howard L. Allen Investments, Inc. to allow access for
environmental investigation activities for property located at 123 Stanley
Court, 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. 2009-919.
129830 - Reggie Schmitt/Steve Schmitt
that communication from Community Planning & Development Director transmitting
amendment to Development Agreement with Crystal Distribution Services, Inc. to
expand the tax rebates from ten years at 50 percent to ten years at 70 percent
as part of the construction of a new cold storage warehouse expansion in the
Rath area, with an increased taxable value to the area of at least
$3,000,000.00, 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. 2009-920.
RESOLUTIONS TO BE ADOPTED
129831 - Reggie Schmitt/Steve Schmitt
that "Resolution supporting Human Services Campus, including the Northeast Iowa
Food Bank", be adopted. Ayes: Six. Abstain: Cole as she is a member of Board
of Directors.
Resolution adopted and upon approval by Mayor assigned No. 2009-921.
129832 - Reggie Schmitt/Steve Schmitt
that "Resolution accepting and approving acquisition of property generally
located at 121 Sumner 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. 2009-922.
ORDINANCES TO BE ADOPTED
129833 - Steve Schmitt/Welper
that "an Ordinance amending the 2008 Traffic Code for semi -actuated traffic
signals at the intersection of West Dale Street and Reed Street", be received,
placed on file, considered and passed for the first time. Ayes: Seven. Motion
carried.
129834 - Steve Schmitt/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
129835 - Steve Schmitt/Welper
that "an Ordinance amending the 2008 Traffic Code for semi -actuated traffic
signals at the intersection of West Dale Street and Reed Street", be considered
and passed for the second and third times and adopted.
Prior to a vote on the above comments, the following comments were heard.
Councilperson Getty explained that the traffic light is on West Dale Street and
Reed, and it is a flashing red light. Any traffic that comes when the emergency
helicopter for Allen Hospital lands to get the patient across the street, the
lights would automatically stop any traffic.
• •
•
September 14, 2009 Page 7
Ordinances to be Adopted continued
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 4958.
NEW BUSINESS
129836 - Cole/Welper
to instruct Contracts and Grants Coordinator to prepare plans, specifications,
form of contract, etc. in conjunction with General Obligation Bond Demolition
Project, Contract No. 167 -D -GO -10-05-09 (former US Bank Drive Up Teller Building
at 315 Cedar Street), be received, placed on file and approved. Ayes: Seven.
Motion carried.
129837 - Cole/Welper
that plans, specifications, form of contract, etc. in conjunction with General
Obligation Bond Demolition Project, Contract No. 167 -D -GO -10-05-09 (former US
Bank Drive Up Teller Building at 315 Cedar Street), be received and placed on
file. Ayes: Seven. Motion carried.
129838 - Cole/Welper
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. 2009-923.
129839 - Cole/Welper
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. and taking of bids as September 28, 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. 2009-924.
129840 - Cole/Reggie Schmitt
to instruct Superintendent of Central Garage to prepare specifications, bid
document, etc. in conjunction with Purchase of 2010 Ford F-450 With Dump Box, be
received, placed on file and approved. Ayes: Seven. Motion carried.
129841 - Cole/Reggie Schmitt
that specifications, bid document, etc. in conjunction with Purchase of 2010
Ford F-450 With Dump Box, be received and placed on file. Ayes: Seven. Motion
carried.
129842 - Cole/Reggie Schmitt
that "Resolution preliminarily approving specifications, bid document, etc. in
conjunction with the above described purchase", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-925.
129843 - Cole/Reggie Schmitt
that "Resolution setting date of hearing on specifications, bid document, etc.
and bid opening as October 5, 2009 at 5:30 p.m. in the City Hall Council
Chambers on the above described purchase", be adopted and City Clerk instructed
to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-926.
129844 - Cole/Reggie Schmitt
to instruct Superintendent of Central Garage to prepare specifications, bid
document, etc. in conjunction with Rental of Three Motor Graders With Snow
Operations, be received, placed on file and approved. Ayes: Seven. Motion
carried.
September 14, 2009 Page 8
New Business continued
129845 - Cole/Reggie Schmitt
that specifications, bid document, etc. in conjunction with Rental of Three
Motor Graders With Snow Operations, be received and placed on file. Ayes:
Seven. Motion carried.
129846 - Cole/Reggie Schmitt
that "Resolution preliminarily approving specifications, bid document, etc. in
conjunction with the above described rental of three motor graders", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-927.
129847 - Cole/Reggie Schmitt
that "Resolution setting date of hearing on specifications, bid document, etc.
and bid opening as October 5, 2009 at 5:30 p.m. in the City Hall Council
Chambers on the above described rental of three motor graders", be adopted and
City Clerk instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2009-928.
ORAL PRESENTATIONS
129848 - Dwayne Eilers explained that he has tried to resolve his problem by talking with
the city inspector on four, five to six occasions, and he also went to the
Mayor's office twice and he was busy both times. He also talked with Lou
Cutwright, Building Office. When he couldn't get anything done, he called
Harold Getty and Mr. Hart. He has a house on Lafayette Street that's being
rewired by a licensed electrician. The electrician didn't do his job. He
called the city inspector, and told him he was not paying him until the job is
done and approved by the city. Mr. Youngblood, the city inspector, told him on
every occasion that he talked to him, that he has to pay the electrician, that
he would not get an inspection approval unless he paid him. Mr. Eilers told Mr.
Youngblood and his boss that these guys are conniving together. The gentleman
sued him that the job is complete. The city inspector filed a paper on the city
records that says the job is not complete, but Mr. Youngblood backs up Ted
Miller's electrician, and says he has to pay him or he cannot get another
electrician to finish the job. He said in his report that the ground was not
proper, and he had to shut his electricity off. Mr. Eilers went back to
Youngblood and said what's all of this bologna, they are shutting my electricity
off, and Youngblood said its not properly grounded. Mr. Eilers hired another
electrician who said there is absolutely nothing the matter with the grounding.
Mr. Eilers asked Mr. Youngblood to go out and inspect it and he said no. Mr.
Youngblood told Mr. Eilers your are going to pay him and you are not going to
get another electrician in here until you pay him. Mr. Eilers stated that he
calls that excessive force and brutality by the city inspection department.
This man is almighty God on earth. Mr. Eilers stated he is not paying Ted
Miller, they are going to court. Mr. Eilers stated these two are conniving
together because Ted Miller wrote information in his report that only the city
inspector knew that he told to Ted Miller. Mr. Eilers stated he went back and
asked for his electricity to be turned back on so he could hire another
electrician to finish the job. Mr. Youngblood said no, you are not going to get
your electricity turned on. Your going to pay him first. Mr. Eilers asked what
is going on between Mr. Youngblood and Ted Miller's Electric, and what is going
on with Mr. Cutwright who won't investigate it or won't come out and inspect the
job that is crap. There are wires on top of wires. He cut off lights that were
originally there. He has electric boxes on top of electric boxes. Nothing is
being done at all. Now he can't talk to Mr. Youngblood anymore and Mr.
Cutwright doesn't do anything about it. Mr. Eilers stated he calls this
excessive force by the city inspection department.
Councilperson Getty stated that he looked at the property, and it doesn't look
good to him, but he is not a licensed electrician. Councilperson Getty stated
he talked with Mr. Cutwright, who informed him that if the original electrician
who has the license for that piece of property and took out the permit would
call the inspection department and say okay sign off and ask for a final
inspection then they will go out and look at it and Mr. Eilers would get his
electricity. The licensed electrician who has the permit is the one who has to
call not the newly hired one. Councilperson Getty stated that he talked to Mr.
Youngblood who said that Mr. Eilers needs to take care of the contract that he
has with the electrician. He is not going to let that poor guy sit out there
and not get paid.
• •
• •
September 14, 2009 Page 9
Oral Presentations continued
Mr. Eilers asked what does the city have to do with him paying a contractor and
what right does a city official have to tell him to pay the electrician if he
doesn't like it. Mr. Eilers stated his job is so screwed up so bad. The
electrician knocked big holes in the walls to find the studs. Mr. Eilers stated
he has pictures of the holes and junk, and he threw his trash all over, cut out
lights that were there. Not one time did Mr. Cutwright volunteer to come over
and look at the job. Mr. Eilers stated he wants another city inspector, not
Youngblood, and he does not want Youngblood to ever go on his property again.
He would take somebody else, whoever the city decides. Mr. Eilers stated he
wants the inspection done not this coming week because he is going to be gone
but the following week. Mr. Eilers stated if the city inspector tells him that
the double blocks that are hanging outside the ceiling are wired and acceptable
to him, then he is going to tear the house down because it won't be safe.
Louis Cutwright, Building Official/Maintenance Administrator, reported he did
some investigation on the property to find out what was going on. He did find
out that a permit was taken out on the property to rewire it. That inspector
did call for a rough in. There was some corrections to be made. Those
corrections were noted and documented. Those corrections at this point in time
have not been made. As Councilperson Getty pointed out the electrician who
takes out the permit is responsible for those corrections and until those
corrections are made the city will not turn the electricity back on. As soon as
those corrections are made and a phone call is made to his office, he will
automatically send another inspector out to make those inspections to see if
they meet code, and at that point in time we will have the electricity turned
back on.
Mr. Eilers asked if Mr. Cutwright is saying that he can hire another electrician
or like Youngblood that he can't hire another electrician unless he pays the
first electrician.
Mr. Cutwright responded they do not deal in the payment of contractors as
opposed to inspection because they are inspectors. What they are saying is that
the existing permit on that project is the responsibility of the individual who
took that permit out, and that is the electrician who took out the permit. That
electrician is required by code to call in for all inspections. Once those
inspections are called in, they will go out to inspect. The inspection
department has no interest in what goes on between the homeowner and the
electrician. The inspection department has interest in making sure the product
is done correctly so that it meets code because electrical is the area where
most first start in a home, so they have to make sure those inspections are
correct. Mr. Cutwright stated the inspection department cannot allow another
electrician to take out a permit on the project because the project is under the
asepsis of the existing electrician. Another complete permit has to be taken
out and the corrections made and then we will go from there.
Mr. Eilers stated the city inspector said the grounding was wrong, and he hired
another electrician who said there is nothing the matter with the grounding, but
Mr. Youngblood would not go back out and look at it. The city inspector said
Mr. Eilers has to pay the electrician or no electricity, and he does not feel
that has anything to do with the city and he feels this is brutal force by the
city's inspection department.
Forrest Dillavou, 1725 Huntington Road, stated the city has started bidding
Fords only, and he asked if there is something wrong with Chryslers, Chevy or is
Ford superior. Mr. Dillavou asked if there is a reason that the city is
eliminating bidders. As a taxpayer, he is very proud to drive a Dodge and it
gives him good service. Mr. Dillavou stated he would like to see them included
in the bidding. Mr. Dillavou stated it looks in general the city bids Fords for
all the city's trucks and cars. Mr. Dillavou stated the city is limiting the
bidders when they request Ford only.
Mayor Hurley noted that the city is pretty limited when it comes to police cars.
The GM dealer told him that he won't get the program, so the local GM dealer
won't provide quotes on police cars. Mayor Hurley stated he doesn't know if
Chrysler has a Dodge with a police engine in it.
Mr. Dillavou stated if you go through Janesville, you will get chased down by a
Dodge with a hemi.
September 14, 2009 Page 10
Oral Presentations continued
Mark Rice, Superintendent of Central Garage, reported that the city has sent
bids out to a variety of dealers and gets very few bids back. The Ford is
specific to vehicles with specific purposes.
Getty/Cole
that the above oral comments be received and placed on file and that the Council
adjourn at 6:24 p.m. Ayes: Seven. Motion carried.
Nancy Eckert, CMC
City Clerk
•