HomeMy WebLinkAboutMinutes-02/22/2010•
February 22, 2010
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, February 22, 2010. Mayor Ernest G.
Clark in the Chair. Roll Call: Cole, Jones, Greenwood, Schmitt, Welper, Hart Absent:
Getty.
Moment of Silence.
Pledge of Allegiance: Ron Welper, Ward 5 Council Member.
130620 - Hart/Schmitt
that the Agenda, as amended postponing the presentation for Character Counts
until the next meeting; removing item #6 and adding item la10 to the consent
agenda, for the Regular Session on Monday, February 22, 2010, at 5:30 p.m., be
accepted and approved. Ayes: Six. Absent: Getty. Motion carried.
130621 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, February 15,
2010, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Getty.
Motion carried.
Mayor Clark read a Proclamation declaring March as Quota Cares Month featuring
Cops 'N Kids Reading Program.
CONSENT AGENDA
130622 - Hart/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. 1-74, dated February 22, 2010, in
the amount of $1,737,550.21, 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. 2010-121.
2. Resolution accepting Acknowledgment/Settlement Agreement in the amount of
$300.00 with Metro Mart 4, 2332 Falls Avenue, for sale of tobacco, tobacco
products or cigarettes to persons under 18 years of age.
Resolution adopted and upon approval by Mayor assigned No. 2010-122.
3. Resolution accepting Acknowledgment/Settlement Agreement in the amount of
$1,500.00 with Metro 66-1, 3201 W. 4th Street, for sale of tobacco, tobacco
products or cigarettes to persons under 18 years of age.
Resolution adopted and upon approval by Mayor assigned No. 2010-123.
4. Resolution -accepting Acknowledgment/Settlement Agreement in the amount of
$300.00 with Joan's 9er, 929 W. 5th Street, for sale of tobacco, tobacco
products or cigarettes to persons under 18 years of age.
Resolution adopted and upon approval by Mayor assigned No. 2010-124.
5. Resolution -accepting Acknowledgment/Settlement Agreement in the amount of
$300.00 with Hy -Vee 3, 1422 Flammang Drive, for sale of tobacco, tobacco
products or cigarettes to persons under 18 years of age.
Resolution adopted and upon approval by Mayor assigned No. 2010-125.
6. Resolution -approving request of David Lederman for tax exemptions on
improvements totaling $550,000.00 for property located at 3821 University
Avenue and located in the Consolidated Urban Revitalization Area.
Resolution adopted and upon approval by Mayor assigned No. 2010-126.
7. Resolution -approving request of Rosa Sanguino for tax exemptions on
improvements totaling $15,000.00 for property located at 1405 Colorado
Street and located in the Consolidated Urban Revitalization Area.
Resolution adopted and upon approval by Mayor assigned No. 2010-127.
February 22, 2010 Page 2
8. Resolution -approving request of Toni Dean for tax exemptions on
improvements totaling $102,473.00 for property located at 309 Monroe
Street and located in the Consolidated Urban Revitalization Area.
Resolution adopted and upon approval by Mayor assigned No. 2010-128.
9. Resolution -approving request of Jeff and Lori Scott for tax exemptions on
improvements totaling $15,583.00 for property located at 1136 Leavitt
Street and located in the Consolidated Urban Revitalization Area.
Resolution adopted and upon approval by Mayor assigned No. 2010-129.
10. Resolution -accepting Acknowledgment/Settlement Agreement in the amount of
$1,500.00 with Guppy's on the Go, 1615 Bishop Avenue, for sale of tobacco,
tobacco products or cigarettes to persons under 18 years of age.
Resolution adopted and upon approval by Mayor assigned No. 2010-130.
•
February 22, 2010
b. Motion to approve the following:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Page 3
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Rich Warren-
Consultant for
Government Relations
Discussion of
projects for
potential
federal funding
in Washington,
D.C.
Waterloo,
Iowa
December
15-16,
2009
$878.00
Todd Derifield-City
Forester
54th Annual Iowa
State
University
Shade Tree
Short Course
Ames, Iowa
February
25-26,
2010
$230.00
Luke Even -Forestry
Foreman
Minnesota Shade
Tree Short
Course at
Bethel
University
Arden
Hills,
Minnesota
March 16-
17, 2010
$355.00
Eric Thorson -City
Engineer
APWA Iowa
Chapter 2010
Spring
Conference
West Des
Moines,
Iowa
March 10-
12, 2010
$400.00
Greg Erie and Chris
Gergen-Officers
International
Law Enforcement
Educators and
Trainers
Association
conference
Wheeling,
Illinois
April 19-
24, 2010
$1,550.00
Danielle Rohret-
Temporary
Administrative
Assistant
Attend
Environmental
Training at HUD
office
Kansas
City,
Kansas
March 29-
April 1,
2010
$920.00
Mayor Buck Clark
Attend the
board meetings
of Main Street
Waterloo
Waterloo,
Iowa
Once per
month
$120.00
Wayne Castle-
Associate Engineer
Iowa Water
Conference
Ames, Iowa
March 8-9,
2010
$250.00
Wayne Castle-
Associate Engineer
73rd Annual
SLSI Land
Surveyors
Conference
Ames, Iowa
March 11-
12, 2010
$400.00
Todd Miller -Police
Chief Applicant
Interview for
Police Chief
opening
From
Dallas,
Texas to
Waterloo,
Iowa
March 3-4,
2010
$766.72
David Leonardo-
Police Chief
Applicant
Interview for
Police Chief
opening
From
Phoenix,
Arizona to
Waterloo,
Iowa
March 3-4,
2010
$660.12
Daniel Trelka-Police
Chief Applicant
Interview for
Police Chief
opening
From Green
Bay,
Wisconsin
to
Waterloo,
Iowa
March 3-4,
2010
$887.80
13. Approve and place on file appointment of Mike Neff to the Waterloo Cable
TV Commission, with term expiration date of December 31, 2013.
c. Beer License Permit Application
Class C
Hometown Foods, 1010 E. Mitchell Avenue (Renewal) (Includes Sunday Sales)
Hy -Vee Food Store & Drugstore #4, 4000 University Avenue (Renewal) (Includes
Sunday Sales)
February 22, 2010 Page 4
d. Liquor License Permit Application
Class C
Babes Tap, 210 Division Street (Renewal) (Includes Sunday Sales)
e. Liquor License Permit Application
Class E
Hometown Foods, 1010 E. Mitchell Avenue (Renewal) (Includes Sunday Sales)
Hy -Vee Food Store & Drugstore #4, 4000 University Avenue (Renewal) (Includes
Sunday Sales)
f. Wine License Permit Application
Class B
Hometown Foods, 1010 E. Mitchell Avenue (Renewal) (Includes Sunday Sales)
Hy -Vee Food Store & Drugstore #4, 4000 University Avenue (Renewal) (Includes
Sunday Sales)
g. Vehicle For Hire Business License Application
Cedar Valley Cab,& Courier, 203 South Ridge Drive
Ayes: Six. Absent: Getty. Motion carried.
PUBLIC HEARINGS
130623 - Hart/Greenwood
that proof of publication of notice of public hearing on F.Y. 2010 River
Renaissance Lower Plaza, Contract No. 763, as published in the Waterloo Courier
on February 12, 2010, be received and placed on file. Ayes: Six. Absent:
Getty. Motion carried.
130624 - 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 and oral and written comments be received and placed
on file. Ayes: Six. Absent: Getty. Motion carried.
130625 - Hart/Greenwood
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with F.Y. 2010 River Renaissance Lower Plaza, Contract No.
763", be adopted. Ayes: Six. Absent: Getty. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-131.
130626 - Hart/Greenwood
that "Resolution ordering construction in conjunction with above project", be
adopted. Ayes: Six. Absent: Getty. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-132.
130627 - Hart/Greenwood
to receive, file and instruct City Clerk to open bids and refer to City Engineer
for review:
Bidder
Bid Bond
Bid Amount
K Cunningham Construction Co, Inc.
Cedar Falls, IA 50613
5%
$3,431,549.53
Peterson Contractors Inc.
Reinbeck, IA
5%
$3,189,424.95
Vieth Construction Corporation
Cedar Falls, IA
5%
$3,596,334.30
Ayes: Six. Absent: Getty. Motion carried.
February 22, 2010
130628 - Greenwood/Schmitt
Page 5
that proof of publication of notice of public hearing on F.Y. 2010 Asphalt
Overlay Program, Contract No. 771, as published in the Waterloo Courier on
February 12, 2010, be received and placed on file. Ayes: Six. Absent: Getty.
Motion carried.
130629 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Greenwood/Schmitt
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Six. Absent: Getty. Motion carried.
130630 - Greenwood/Schmitt
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with F.Y. 2010 Asphalt Overlay Program, Contract No 771",
be adopted. Ayes: Six. Absent: Getty. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-133.
130631 - Greenwood/Schmitt
that "Resolution ordering construction in conjunction with above project", be
adopted. Ayes: Six. Absent: Getty. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-134.
130632 - Greenwood/Schmitt
to receive, file and instruct City Clerk to open bids and refer to City Engineer
for review:
Bidder
Bid Bond
Bid Amount
Aspro, Inc.
Waterloo, IA
5%
$2,427,657.53
Ayes: Six. Absent: Getty. Motion carried.
130633 - Schmitt/Hart
that proof of publication of notice of public hearing on Purchase of One (1)
2010 Full Size Sport Utility Vehicle, as published in the Waterloo Courier on
February 12, 2010, be received and placed on file. Ayes: Six. Absent: Getty.
Motion carried.
130634 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Schmitt/Hart
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Six. Absent: Getty. Motion carried.
130635 - Schmitt/Hart
that "Resolution confirming approval of specifications, bid document, etc. in
conjunction with the Purchase of One (1) 2010 Full Size Sport Utility Vehicle",
be adopted. Ayes: Six. Absent: Getty. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-135.
130636 - Schmitt/Hart
that "Resolution authorizing to proceed in conjunction with above purchase", be
adopted. Ayes: Six. Absent: Getty. Motion carried. •
Resolution adopted and upon approval by Mayor assigned No. 2010-136.
February 22, 2010
130637 - Schmitt/Hart
130638
Page 6
to receive, file and instruct City Clerk to open bids and refer to
Superintendent of Central Garage for review:
Bidder
Vehicle Bid
Bid Amount
Rydell Chevrolet
Waterloo, IA
Chevrolet Suburban
$35,156.00
Witham Auto Center
Waterloo, IA
Ford Expedition EL
$30,595.00
Charles Gabus Ford
Des Moines, IA
Ford Expedition EL
$29,075.00 +
$300.00 shipping
Ayes: Ayes: Six. Absent: Getty. Motion carried.
This being the time and place of public hearing on the Second violation of
Waterloo Code of Ordinance, Sale of tobacco, tobacco products or cigarettes to
any person under eighteen years of age for All Stop Convenience located at 2424
Ranchero Road, the Mayor called for written and oral objections and there were
none.
- Hart/Cole
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Six. Absent: Getty. Motion carried.
130639 - Hart/Schmitt
that "Resolution ordering civil penalty in the amount of $1,500.00 for said
second violation", be adopted. Ayes: Six. Absent: Getty. Motion carried.
Resolution adopted and upon approval by Mayor assigned. No. 2010-137.
ORDINANCES
130640 - Welper/Hart
that "an Ordinance amending the Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 405a to Section 2A-5, Rezoning Certain
Property", be received, placed on file, considered and passed for the second
time. Ayes: Six. Absent: Getty. Motion carried.
130641 - Welper/Hart
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Getty. Motion carried.
130642 - Welper/Hart
that "an Ordinance amending the Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 405a to Section 2A-5, Rezoning Certain
Property", be considered and passed for the third time and adopted. Ayes: Six.
Absent: Getty. Motion carried.
Subsection No. 405 was used in Ordinance No. 4982 on February 1, 2010.
Ordinance adopted and upon approval by Mayor assigned No. 4984.
130643 - Schmitt/Greenwood
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo,
Iowa by adding Section 3-1-6: After Hours Establishments (defining after hour
establishments and requiring procurement of a license to operate such
establishment)", be received, placed on file, considered and passed for the
first time. Ayes: Six. Absent: Getty. Motion carried.
Jim Walsh, City Attorney, reported that the ordinance is establishing a
definition and this ordinance pertains to establishments that stay open over
night and do not hold a liquor license. Most large cities regulate these types
of establishments. There is a perceived problem with conduct. The moratorium is
to allow for time to research this type of establishment and set regulations.
1 •
• •
February 22, 2010 Page 7
130644 - Schmitt/Hart
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Getty. Motion carried.
130645 - Schmitt/Hart
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo,
Iowa by adding Section 3-1-6: After Hours Establishments (defining after hour
establishments and requiring procurement of a license to operate such
establishment)", be considered and passed for the second and third times and
adopted. Ayes: Six. Absent: Getty. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 4985.
RESOLUTIONS
130646 - Cole/Hart
that "Resolution accepting the bid proposal from Robins Surplus of Waterloo,
Iowa for Fire Rescue Uniforms for Waterloo Fire Rescue", be adopted. Ayes:
Six. Absent: Getty. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-138.
130647 - Cole/Hart
that "Resolution waiving the assessment fee of $825.00 for property located at
210 Denver Street in conjunction with CDBG funded garage demolition", be
adopted. Ayes: Six. Absent: Getty. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-140.
130648 - Cole/Hart
that "Resolution approving request to declare 120 -day moratorium on the issuance
of licenses for after hours establishments", be adopted. Ayes: Six. Absent:
Getty. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-141.
130649 - Jones/Hart
that "Resolution approving recommendation of award of contract in the amount of
$184,995.00 to Ecinc of Cedar Rapids, Iowa in conjunction with F.Y. 2010 Arch
Gate Replacement Dry Run Creek, Contract No. 778", be adopted. Ayes: Six.
Absent: Getty. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-142.
130650 - Jones/Hart
that "Resolution approving Acceptance of Improvements of the Shadow Creek
Crossing - Phases 4 & 5 Sanitary Sewer in Lois Lane performed by Dave Schmitt
Construction Company, Inc. of Cedar Rapids, Iowa", be adopted and receive and
file two-year Maintenance Bond. Ayes: Six. Absent: Getty. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-143.
130651 - Jones/Hart
that "Resolution approving Pipeline Crossing Notice of Intent and application
preparation fee of $750.00 to the Canadian National Railway (Chicago Central &
Pacific) in conjunction with F.Y. 2010 Street Reconstruction Program, Contract
No. 772", be adopted. Ayes: Six. Absent: Getty. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-144.
Mr. Greenwood questioned the timeline. Doug Schindel with AECom reported that it
si hoped to be complete by the end of May with a contract completion date in
June. Mr. Clark asked if there is a gate currently and will this have an effect
if there is flooding in the spring. Mr. Schindel stated they would like it
complete
February 22, 2010 Page 8
130652 - Greenwood/Hart
that "Resolution accepting and approving acquisition of property generally
located at 116 W. Parker Street, as granted by court order pursuant to Section
657A of the Iowa Code", be adopted. Ayes: Six. Absent: Getty. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-145.
130653 - Greenwood/Hart
that "Resolution approving contracts for the Disaster Recovery Business Rental
Assistance Program in the amount of $43,890.00", be adopted. Ayes: Six.
Absent: Getty. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-146.
130654 - Greenwood/Hart
that "Resolution -setting date of hearing to approve Exchange Agreement and
Option Exchange Agreement with L and H Farms, Ltd for the acquisition of
property located in the San Marnan TIF District in the amount of $820,000.00
plus up to $10,000.00 in closing costs as March 8, 2010", be received, placed on
file and adopted. Ayes: Six. Absent: Getty. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-147.
OTHER COUNCIL BUSINESS
130655 - Schmitt/Welper
that Change Order No. 2 for a net increase of $3,014.82 for work performed by
Tricon General Construction of Dubuque, Iowa in conjunction with the 2009
Riverfront Stadium Grandstand Structural Repairs, be received, placed on file
and approved. Ayes: Six. Absent: Getty. Motion carried.
130656 - Schmitt/Welper
that Change Order No. 1 for a net decrease of $7,183.00 for work performed by
D.W. Zinser Co. Inc. of Walford, Iowa in conjunction with General Obligation
Bond Demolition Project, Contract No. 170 -D -GO -11-09-09, be approve. Ayes:
Six. Absent: Getty. Motion carried.
130657 - Welper/Schmitt
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. in conjunction with F.Y. 2010 Cedar Prairie Trail Bridge Repairs, Contract
No. 764, be received, placed on file and approved. Ayes: Six. Absent: Getty.
Motion carried.
Mr. Jones asked where this bridge is. Doug _- reported that it is near the old
Hwy 63 and Ranchero Road. Doug Schindel, it is a recreation trail.
130658 - Welper/Hart
that plans, specifications, form of contract, etc. in conjunction with F.Y. 2010
Cedar Prairie Trail Bridge Repairs, Contract No. 764, be received and placed on
file. Ayes: Six. Absent: Getty. Motion carried.
130659 - Welper/Hart
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with the above described project", be adopted.
Ayes: Six. Absent: Getty. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-148.
130660 - Welper/Hart
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. and bid opening as March 8, 2010 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: Six. Absent: Getty. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-149.
•
• •
February 22, 2010 Page 9
ORAL PRESENTATIONS
Mary Potter, President of Church Road Neighborhood Association, reported there
is a lack of code enforcement and if the City publicized the enforcement of
those codes it might reduce the number of violations. Mayor Clark asked that if
they see violations to please notify the City.
Mr. Hart announced that the human rights lunch is this Thursday. There is still
time to make reservations.
130661 - Cole/Welper
that the above oral comments be received and placed on file. Ayes: Six.
Absent: Getty. Motion carried.
ADJOURNMENT
130662 - Hart/Cole
that the Council adjourn at 6:15
carried.
p.m.
Ayes: Six. Absent: Getty. Motion
Suzy Sch'd$es
City Cler