HomeMy WebLinkAboutMinutes-02/15/2010• •
February 15, 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 15, 2010. Mayor Ernest G.
Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Welper, Hart
Absent: Getty, Greenwood
Moment of Silence.
Pledge of Allegiance: Willie Mae Wright, Former Council Member.
130571 - Hart/Schmitt
that the Agenda, as amended, for the Regular Session on Monday, February 15,
2010, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Getty,
Greenwood. Motion carried.
130572 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, February 8,
2010, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Getty,
Greenwood. Motion carried.
Mayor Clark read a Proclamation declaring February 15, 2010 as The League of
Women Voters Making Democracy Work.
CONSENT AGENDA
130573 - 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. 1-68, dated February 15, 2010, in
the amount of $2,180,406.63, 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. 2010-83.
2. Resolution accepting Acknowledgment/Settlement Agreement in the amount of
$300.00 with Cork's Grocery, 1956 Lafayette 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. 2010-84.
3. Resolution accepting Acknowledgment/Settlement Agreement in the amount of
$300.00 with Kum & Go 211, 1976 Franklin 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. 2010-85.
4. Resolution accepting Acknowledgment/Settlement Agreement in the amount of
$1,500.00 with Kum & Go 212, 117 E. San Marnan 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. 2010-86.
5. Resolution accepting Acknowledgment/Settlement Agreement in the amount of
$300.00 with Elite Liquor, 1309 Lafayette Road, for sale of tobacco,
tobacco products or cigarettes to persons under 18 years of age.
Resolution adopted and upon approval by Mayor assigned No. 2010-87.
6. Resolution accepting Acknowledgment/Settlement Agreement in the amount of
$300.00 with Prime Mart Tobacco, 1008 La Porte Road, for sale of tobacco,
tobacco products or cigarettes to persons under 18 years of age.
Resolution adopted and upon approval by Mayor assigned No. 2010-88.
February 15, 2010
b. Motion to approve the following:
1.
2.
Page 2
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destinatio
n
Date(s)
Amount
not to
Exceed
Gus Farmer and Brad
Walter -Police Sergeant
and Officer
Basic/Advanced
Diagramming
and Animation
Juneau,
Wisconsin
February
21-26,
2010
$2,050.0
0
Paul Huting-Leisure
Services Director
Cultural
Advocacy
Day/Great
Places
Legislative
Breakfast
Des
Moines,
Iowa
February
17-18,
2010
$191.32
c. Motion to receive and place on file Mayor Appointments to the Hotel/Motel
Discretionary Funding Committee.
d. Beer License Permit Application
Class C
Casey's General Store #2866, 51 E. Tower Park Drive (Premise Update)
Kmart #4158, 3810 University Avenue (Renewal) (2/28/11) (Includes Sunday
Sales)
e. Liquor License Permit Application
Class C
Amalgamated Local 838 UAW, 2615 Washington Street (Renewal) (2/28/11)
Buzz's Bar, 1016 Maynard Avenue (Renewal) (3/14/11) (Includes Sunday Sales)
National Dairy Cattle Congress -Pepsi Pavilion, 250 Ansborough Avenue
(Renewal) (2/28/11) (Includes Sunday Sales & Catering Privilege)
Red Lobster #6267, 941 E. San Marnan Drive (Renewal) (3/10/11) (Includes
Sunday Sales)
f. Wine License Permit Application
Class B
Kmart #4158, 3810 University Avenue (Renewal) (2/28/11) (Includes Sunday
Sales)
g. Native Wine License Permit Application
Class B
Kwik Star #724, 1105 Cedar Bend Drive (New) (3/1/11) (Includes Sunday Sales)
h. Outdoor Service Area Application
Buzz's Bar, 1016 Maynard Avenue
i. Dance License Permit Application
El Senor Tequila Night Club, 110 E. 11th Street
Ayes: Five. Absent: Getty, Greenwood. Motion carried.
PUBLIC HEARING
130574 - Schmitt/Welper
that proof of publication of notice of public hearing on request of Charles
Beene to rezone approximately 0.81 acres of land from "A-1" Agricultural
District to "R-1" Residential District at 3232 Osage Avenue to allow for the
construction of a single-family home, as published in the Waterloo Courier on
February 1, 2010, be received and placed on file. Ayes: Five. Absent: Getty,
Greenwood. Motion carried.
130575 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Schmitt/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Five. Absent: Getty, Greenwood. Motion carried.
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February 15, 2010 Page 3
130576 - Schmitt/Welper
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 405 to Section 2A-5, Rezoning Certain
Property", be received, placed on file, considered and passed for the first
time. Ayes: Five. Absent: Getty, Greenwood. Motion carried.
RESOLUTIONS
130577 - Schmitt/COle
that request for proposed allocation of FY 2011 hotel/motel tax funds in the
amount of $210,000.00, be received, placed on file and "Resolution approving
said request", be adopted. Ayes: Five. Absent: Getty, Greenwood. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-89.
130578 - Schmitt/Cole
that Spring 2010 - Winter 2011 Sports Fees, be received, placed on file and
"Resolution approving said fees", be adopted. Ayes: Five. Absent: Getty,
Greenwood. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-90.
130579 - Schmitt/Cole
that request for hotel/motel discretionary award of funding in the amount of
$5,000.00 to the Cedar Valley TechWorks on behalf of the AgriTech Exhibition
Center, be received, placed on file and "Resolution approving said request", be
adopted. Ayes: Five. Absent: Getty, Greenwood. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-91.
130580 - Welper/Hart
that contract with Waterloo Jaycees in conjunction with The 77th annual Waterloo
Open, be received, placed on file and "Resolution approving said contract", be
adopted. Ayes: Five. Absent: Getty, Greenwood. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-92.
130581 - Welper/Hart
that Notice of Intent for NPDES Coverage Under General Permit to the Iowa
Department of Natural Resources in conjunction with F.Y. 2010 River Renaissance
Lower Plaza, Contract No. 763, be received, placed on file and "Resolution
approving said Notice of Intent", be adopted. Ayes: Five. Absent: Getty,
Greenwood. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-93.
130582 - Welper/Hart
that Notice of Intent for NPDES Coverage Under General Permit to the Iowa
Department of Natural Resources in conjunction with F.Y. 2010 River Renaissance
Trail - W. 6th Street to W. 18th Street, Contract No. 761, be received, placed on
file and "Resolution approving said Notice of Intent", be adopted. Ayes: Five.
Absent: Getty, Greenwood. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-94.
130583 - Hart/Welper
that request for Change Order No. 1 for a net increase of $44,902.84 for work
performed by Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with
the F.Y. 2009 Permanent Closure of Black Hawk Creek Railroad Crossings - Base
Bid + Divisions 2 & 3 + Alternate A, Contract No. 747, be received, placed on
file and approved and Mayor authorized to execute same. Ayes: Five. Absent:
Getty, Greenwood. Motion carried.
February 15, 2010 Page 4
130584 - Hart/Schmitt
that Completion of Project and Recommendation of Acceptance of Work performed by
Peterson Contractors, Inc. of Reinbeck, Iowa at a total cost of $269,421.29 in
conjunction with F.Y. 2009 Permanent Closure of Black Hawk Creek Railroad
Crossings - Base Bid + Divisions 2 & 3 + Alternate A, Contract No. 747, be
received, placed on file and "Resolution approving said documents", be adopted
and two-year maintenance bond be and receive and placed on file. Ayes: Five.
Absent: Getty, Greenwood. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-95.
130585 - Hart/Schmitt
that agreement with Waterloo Water Works in conjunction with F.Y. 2010 River
Renaissance Lower Plaza, Contract No. 763, be received, placed on file and
"Resolution approving said agreement", be adopted. Ayes: Five. Absent:
Getty, Greenwood. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-96.
130586 - Hart/Schmitt
that Design Engineering Agreement in the amount of $223,100.00 with AECOM in
conjunction with Taxiway and Apron Rehabilitation at Waterloo Airport, be
received, placed on file and "Resolution approving said agreement", be adopted.
Ayes: Five. Absent: Getty, Greenwood. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-97.
130587 - Cole/Hart
that request for submission of a grant application for $933,213.00 in trail
funds for the River Walk portion from Mullan Avenue to Park Avenue, be received,
placed on file and "Resolution approving said request", be adopted. Ayes:
Five. Absent: Getty, Greenwood. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-98.
130588 - Cole/Hart
that request for submission of a grant application for $1,505,750.00 in federal
ARRA rail funds for' the development of land in the MidPort Industrial and
Business Park, be received, placed on file and "Resolution approving said
request", be adopted. Ayes: Five. Absent: Getty, Greenwood. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-99.
130589 - Cole/Hart
that Development Agreement with Martinson Real Estate Development LLC for the
provision of infrastructure for non -RISE eligible needs for the development of
the La Forge LLC project at the southeast corner of Geraldine Road and West
Airline Highway, be received, placed on file and "Resolution approving said
agreement", be adopted. Ayes: Five. Absent: Getty, Greenwood. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-100.
130590 - Jones/Schmitt
that request for termination of Water Use Permit No. 4982 at the Chamberlain
site, be received, placed on file and "Resolution approving said request", be
adopted. Ayes: Five. Absent: Getty, Greenwood. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-101.
130591 - Jones/Schmitt
that request for payment of $100,000.00 of House File 64 grant funds to
Operation Threshold, be received, placed on file and "Resolution approving said
request", be adopted. Ayes: Five. Absent: Getty, Greenwood. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-102.
• 111
•
February 15, 2010
130592 - Jones/Schmitt
Page 5
that Acceptance of Purchase Offers for 807 Riverside Drive in the amount of
$192,840.00, 501 Riverside Drive in the amount of $114,960.00 and 212 Greenwood
Avenue in the amount of $75,564.00 as part of the Hazard Mitigation Grant
Program (HMGP) Property Acquisition Project, be received, placed on file and
"Resolution approving acceptance of said purchase offers", be adopted. Ayes:
Five. Absent: Getty, Greenwood. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-103.
130593 - Schmitt/Welper
that "Resolution accepting and approving acquisition of property generally
located at 720 W. Park Avenue, as granted by court order pursuant to Section
657A of the Iowa Code", be adopted. Ayes: Five. Absent: Getty, Greenwood.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-104.
130594 - Schmitt/Welper
that "Resolution accepting and approving acquisition of property generally
located at 1309 W. 2nd Street, as granted by court order pursuant to Section 657A
of the Iowa Code", be adopted. Ayes: Five. Absent: Getty, Greenwood. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-105.
130595 - Schmitt/Welper
that request for submission of a grant application to IA Governor's Traffic
Safety Bureau (GTSB) for an Alcohol -Impaired Driving Incentive Grant (410) in
the amount of $44,788.000, with no required local match, be received, placed on
file and "Resolution approving said request", be adopted. Ayes: Five. Absent:
Getty, Greenwood. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-106.
Mr. Hart congratulated the Police on doing such a good job on completing
compliance checks.
130596 - Welper/Hart/
that contract with Maximum Sight and Sound of Waterloo, Iowa in the amount of
$83,489.99 in conjunction with the Five Sullivan Brothers Convention Center
Audio/Visual Upgrade, be received, placed on file and "Resolution accepting said
contract", be adopted. Ayes: Five. Absent: Getty, Greenwood. Motion
carried.
Mr. Jones asked for an explanation. Debra Anderson, Building Official, explained
that the problems with the sound are relatively minor, but this item will not
fix it. This upgrade will allow users to do presentations using screens and
projectors. Mr. Hart questioned whether we have an old or new audio system.
Brian, Sight and Sound, this will upgrade the visuals. In addition this will add
the digital signage package. The audio system is adequate. He believes there are
no major malfunctions but it needs further testing. The cost for the inspection
would be approximately $600.00. He suspects any problems are setting problems.
He believes there is more of a need to get the users accustomed to the system.
Ms. Cole reported that the company she works for has used the Convention Center
and they have not had problems. Mr. Schmitt stated this is a reasonable
proposal but we need to further this project to work on the audio. Mr. Walsh
asked that the City ask the hotel to do their part to improve the system.
Resolution adopted and upon approval by Mayor assigned No. 2010-107.
130597 - Welper/Schmitt
that Completion of Project and Recommendation of Acceptance of Work in the
amount of $554,652.17 to WBC Mechanical, Inc. of Waterloo, Iowa in conjunction
with the Waterloo Center for the Arts Chiller Plant and Air Handling Units
Upgrade, be received, placed on file and "Resolution approving said documents",
be adopted. Ayes: Five. Absent: Getty, Greenwood. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-108.
February 15, 2010 Page 6
130598 - Hart/Cole
that Memorandum of Agreement between the Iowa Civil Rights Commission and the
Waterloo Human Rights Commission, be received, placed on file and "Resolution
approving said Memorandum of Agreement", be adopted. Ayes: Five. Absent:
Getty, Greenwood. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-109.
130599 - Hart/Cole
that request to set the date of hearing for the FYE2011 budget for Monday, March
8, 2010, be received, placed on file and "Resolution setting date of hearing as
March 8, 2010, at 5:30 p.m. in the City Hall Council Chambers on the above
described request. Ayes: Five. Absent: Getty, Greenwood. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-110.
130600 - Hart/Cole
that request of Lockard Construction on behalf of MBAK Properties for a site
plan amendment to the "R -4,R -P" Planned Multiple Residence District for the
development of a 12,800 sq. ft. office building generally located at the
southeast corner of West San Marnan Drive and Hurst Drive, be received, placed
on file and "Resolution setting date of hearing as March 1, 2010, at 5:30 p.m.
in the City Hall Council Chambers on the above described request. Ayes: Five.
Absent: Getty, Greenwood. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-111.
130601 - Cole/Hart
that request of KNK Properties for a site plan amendment to the "S-1" Shopping
Center District for the development of a 9,476 sq. ft. addition to the existing
56,941 sq. ft. building (former Econo Foods building) generally located at 1411
Flammang Drive, be received, placed on file and "Resolution setting date of
hearing as March 1, 2010, at 5:30 p.m. in the City Hall Council Chambers on the
above described request. Ayes: Five. Absent: Getty, Greenwood. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-112.
130602 - Cole/Hart
that request of Habitat for Humanity to sell and convey for $5,000.00 city -owned
land generally located at 1333 Leavitt Street to construct a new home, be
received, placed on file and "Resolution setting date of hearing as March 1,
2010, at 5:30 p.m. in the City Hall Council Chambers on the above described
request. Ayes: Five. Absent: Getty, Greenwood. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-113.
Mr. Jones asked why habitat for Humanity is demolishing the property. Noel
Anderson responded there are multiple ways to do it.
130603 - Cole/Hart
that Convention and Visitors Bureau board recommendations for funding a mini -
grant request for advertising in the amount of $3,000.00 for the RJ McElroy
Trust, be received, placed on file and "Resolution approving said
recommendations", be adopted. Ayes: Five. Absent: Getty, Greenwood. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-114.
OTHER COUNCIL BUSINESS
130604 - Jones/Hart
to instruct Contracts and Grants Coordinator to prepare Request for Proposal,
contract, etc. in conjunction with Archaeological Services for New Construction
Projects: Single -Family Homes and Northeast Iowa Food Bank Campus, be received,
placed on file and approved. Ayes: Five. Absent: Getty, Greenwood. Motion
carried.
• •
February 15, 2010
130605 - Jones/Hart
Page 7
that Request for Proposal document, contract, etc. in conjunction with
Archaeological Services for New Construction Projects: Single -Family Homes and
Northeast Iowa Food Bank Campus, be received and placed on file. Ayes: Five.
Absent: Getty, Greenwood. Motion carried.
130606 - Jones/Hart
that "Resolution preliminarily approving Request for Proposal document,
contract, etc. in conjunction with above described project", be adopted. Ayes:
Five. Absent: Getty, Greenwood. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-115.
130607 - Jones/Hart
that "Resolution setting date of hearing on Request for Proposal document,
contract, etc. and taking of proposals 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: Five. Absent: Getty, Greenwood.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-116.
130608 - Schmitt/Welper
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. in conjunction with plans, specifications, form of contract, etc., be
received, placed on file and approved. Ayes: Five. Absent: Getty, Greenwood.
Motion carried.
130609 - Schmitt/Welper
that plans, specifications, form of contract, etc. in conjunction with F.Y. 2010
Salvaged Asphalt Crushing, Contract No. 785, be received and placed on file.
Ayes: Five. Absent: Getty, Greenwood. Motion carried.
130610 - Schmitt/Welper
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with above described project", be adopted. Ayes:
Five. Absent: Getty, Greenwood. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-117.
130611 - Schmitt/Welper
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. and taking of bids as March 1, 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: Five. Absent: Getty, Greenwood.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-118.
130612 - Welper/Hart
to instruct Building Official/Maintenance Administrator to prepare plans,
specifications, form of contract, etc. in conjunction with Flood Mitigation
Design for Various Buildings, be received, placed on file and approved. Ayes:
Five. Absent: Getty, Greenwood. Motion carried.
130613 - Welper/Hart
that plans, specifications, form of contract, etc. in conjunction with Flood
Mitigation Design for Various Buildings, be received and placed on file. Ayes:
Five. Absent: Getty, Greenwood. Motion carried.
130614 - Welper/Hart
that "Resolution preliminarily approving Flood Mitigation Design for Various
Buildings in conjunction with above described project", be adopted. Ayes:
Five. Absent: Getty, Greenwood. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-119.
February 15, 2010 Page 8
130615 - Welper/Hart
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. and taking of bids as March 15, 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: Five. Absent: Getty, Greenwood.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-120.
ORAL PRESENTATIONS
Mayor Clark made a request to citizens for them to keep the fire hydrants near
their home free from snow.
130616 - Hart/Cole
that the above oral comments be received and placed on file. Ayes: Five.
Absent: Getty, Greenwood. Motion carried.
130617 - Hart/Welper
that the council adjourn to Executive Session at 6:09 p.m. Ayes: Five.
Absent: Getty, Greenwood. Motion carried.
City Attorney Jim Walsh stated that discussion of strategy in matters in
litigation is an approved topic of Executive Session pursuant to Iowa Code
Section 21.5(1)(c)(2007).
Ayes: Five. Absent: Getty, Greenwood. Motion carried.
EXECUTIVE SESSION
130618 - Hart/Cole
that the council adjourn Executive Session at 6:36 p.m. and motion to proceed.
Ayes: Five. Absent: Getty, Greenwood. Motion carried.
ADJOURNMENT
130619 - Hart/Cole
that the Council adjourn at 6:36 p.m. Ayes: Five. Absent: Getty, Greenwood.
Motion carried.
Suzy S tTes
City Clerk
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