HomeMy WebLinkAboutMinutes-01/11/2010•
January 11, 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, January 11, 2010. Mayor Buck Clark in
the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Mayor Buck Clark.
130436 - Hart/Welper
that the Agenda, as proposed, for the Regular Session on Monday, January 11,
2010, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
130437 - Hart/Welper
that the Minutes, as amended, for the Regular Session on Monday, December 21,
2009 and Organization Meeting on Monday, January 4, 2010, at 5:30 p.m., be
accepted and approved. Ayes: Three. Motion carried.
Mayor Clark read a Proclamation calling upon citizens to join in National
Observance of Dr. Martin Luther King, Jr.'s birthday on Monday, January 18,
2010.
CONSENT AGENDA
130438 - 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. 1-82, dated January 11, 2010, in
the amount of $1,074,791.12, 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. 2010-3.
2. Communication from General Manager of Waterloo Water Works transmitting
request to certify the amount of $2,601.65 for work performed by the Water
Works at 234 Sumner Street, together with recommendation of approval of
Board of Water Works Trustees.
Resolution adopted and upon approval by Mayor assigned No. 2010-4.
3. Communication from General Manager of Waterloo Water Works transmitting
request to certify the amount of $1,383.08 for work performed by the Water
Works at 437 Cutler Street, together with recommendation of approval of
Board of Water Works Trustees.
Resolution adopted and upon approval by Mayor assigned No. 2010-5.
4. Communication from General Manager of Waterloo Water Works transmitting
request to certify the amount of $1,006.82 for work performed by the Water
Works at 1600 Lafayette Street, together with recommendation of approval
of Board of Water Works Trustees.
Resolution adopted and upon approval by Mayor assigned No. 2010-6.
b. Motion to approve the following:
1. Greg Bennett, Site Trainer to travel from Mequom, Wisconsin to attend M X
4 CMMS Training in Waterloo, Iowa on October 21-22, 2009, with costs not
to exceed $422.28.
2. Communication from Mayor transmitting recommendation of appointment of
Debra Anderson to the position of Building Official/Maintenance
Administrator, effective at a mutually agreed upon date.
3. Communication from Planner II transmitting 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.
January 11, 2010 Page 2
Consent Agenda continued
c. Beer License Permit Application
Class B
J & D Billiards, 910 W. 5th Street (New) (Expires 1/1/11) (Includes Sunday
Sales)
d. Liquor License Permit Application
Class A
Veteran's of Foreign Wars Club Post 1623, 1406 Commercial Street (Renewal)
(1/14/11) (Includes Sunday Sales)
e. Liquor License Permit Application
Class C
Galleria DePaco & Coffee Shop, 622 Commercial Street (Renewal)
(Expires 12/19/10)
f. Outdoor Service Area Application
Veteran's of Foreign Wars Club Post 1623, 1406 Commercial Street
g. Pool/Billiard License Application
J & D Billiards, 910 W. 5th Street
Automatic Amusements, 735 Logan Avenue
Ayes: Seven. Motion carried.
130439 - Hart/Welper
that the following item on the consent agenda be received, placed on file and
Recommendation of the Fire Chief to deny the following:
1. Communication from Deputy City Clerk transmitting request of Lawain
Biermann of Hertz Farm Management and Deere & Company for an exception to
burning yard waste to burn various trees/shrubs from old fencerows and
non -crop areas located on Deere farmland.
Prior to a vote on the above motion, the following comments were heard.
Jeffrey Kutz, John Deere Waterloo Works Representative, stated he attended the
meeting to help answer any questions that mayor and council may have. He stated
that this request is part of a project to improve the parcel of land located at
3500 East Donald Street.
Steve Robisky stated that the area in question is located by the John Deere
Waterloo Works Tractor Cab and Assembly Operations and is approximately 800
acres of tillable ground. He stated that the first phase for this area is to
till and remove trees from old fence lines. Mr. Robisky stated that in November
and December approximately 300 acres of tillable farmland was pattern tiled and
over 48 miles of drainage tile was laid. He stated that a number of weed specie
trees were also removed in an effort to prevent tile blockage and to better
facilitate the efforts of their tenant farmers.
Councilperson Cole asked how far the area in question is inside the city limits
of Waterloo. Mr. Robisky stated that essentially the area of the trees is right
past Donald Street and is not within the city limit. Mr. Robinsky stated that
the area that is within the city limits is about a mile. Councilperson Cole
asked when all of the property was annexed. Mr. Robinsky stated that he did not
have a particular date at this time. Councilperson Cole asked if Deere and
Company employs more than 5,000 individuals in the Waterloo area and pays more
than $1.2 million dollars in property taxes. Mr. Kutz stated that was correct.
Councilperson Schmitt asked about the particulars on the easterly end of the
area in question for the burning exemption. Mr. Robisky stated that 3500 is the
mailing address and it is on the corner of Donald and North Elk Run Road. Mr.
Robisky stated that the burning will go all the way back to the old credit
union.
Councilperson Getty asked how many trees were going to be burned. Lawain
Biermann, Hertz Farm Management Representative, stated that the number is
difficult to come up with because the trees that will be removed are from 2-3
inches in diameter up to some larger trees. Mr. Biermann stated that the
majority of them are smaller. Councilperson Getty stated that the problem he is
having are the phone calls that he has received from residents asking if they
are allowed to burn anything other than brush, then why then can't they burn the
same.
1
• •
January 11, 2010 Page 3
Consent Agenda continued
Councilperson Welper stated that he appreciates the request and there was a
similar request about two years ago when a developer asked to do the same thing.
He stated that the developer was not allowed to burn and feels that it would not
be right to approve this.
Councilperson Schmitt asked how long the event would go on. Mr. Robisky stated
that it would be several days. He stated that the challenge is that they would
want to keep it in a controlled situation.
Councilperson Greenwood stated that the city used to always burn. He stated
that the EPA came about stating quality of life issues. He stated that the city
then went into grinding and chipping these types of areas. He asked if they
looked into the cost of grinding and chipping the area rather than the cost to
burn. He stated that at the end of the day, they would have compost for their
property and ground cover. Mr. Robisky stated that they looked at various
alternatives and burning is the most cost effective. Mr. Robisky stated that it
is cost effective and is the quickest method.
Doug Carter, Fire Chief, stated that he applauds and is in full support of their
efforts, but Waterloo does have an ordinance. Chief Carter stated that there
are ways for them to achieve the results without burning. He stated the
material can be hauled outside of the city limits. He suggested the same as
Councilperson Greenwood to mulch the material and use it for other purposes. He
stated it is more economically sound to do that. He stated that he has approved
burning permits for prairie grass management as a natural way to manage prairie
grass and will continue to do that. He stated that he does not see this as an
extension of prairie grass management. He stated that the decision falls upon
him to explain between contractors and citizens of why certain people are
allowed to burn while others are not.
Following comments a vote was taken on the above motion with the following
result. Ayes: Five. Nays: Cole, Schmitt. Motion carried.
HEARINGS & BIDS
130440 - Schmitt/Welper
that proof of publication of notice of public hearing on Purchase of 2010 Golf
Turf Equipment, as published in the Waterloo Courier on December 30, 2009, be
received and placed on file. Ayes: Seven. Motion carried.
130441 - 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: Seven. Motion carried.
130442 - Schmitt/Hart
that "Resolution confirming approval of specifications, bid document, etc. in
conjunction with the Purchase of 2010 Golf Turf Equipment", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-7.
130443 - Schmitt/Hart
that "Resolution authorizing to proceed in conjunction with above purchase", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-8.
January 11, 2010 Page 4
Hearings & Bids continued
130444 - Schmitt/Hart
to receive, file and instruct Deputy City Clerk to open and read bids and refer
to Leisure Services Director for review:
Ayes: Seven. Motion carried.
UNFINISHED BUSINESS
130445 - Greenwood/Schmitt
that communication from City Planner transmitting recommendation of award of
contract in the maximum amount of $89,725.00 to Louis Berger Group, Inc. of
Marion, Iowa in conjunction with Archaeological Services for Demolition
Activities of the Hazard Mitigation Grant Program (HMGP) Property Acquisition
Project, 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. 2010-9.
130446 - Greenwood/Schmitt
that communication from Associate Engineer transmitting recommendation of award
of contract in the amount of $477,197.01 to Peterson Contractors, Inc. of
Reinbeck, Iowa in conjunction with F.Y. 2010 River Renaissance Trail - 6th to 18th
Street, Contract No. 761, 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. 2010-10.
DOCUMENTS
130447 - Greenwood/Schmitt
that communication from General Manager of Waterloo Water Works transmitting
Release of Real Estate Mortgage with Kenneth R. Wyant, 109 E. Eagle Road, for
payment of Promissory Note and Mortgage for the Kimball South Rural Water Main
Project, be received, placed on file and "Resolution approving said Release of
Real Estate Mortgage", be adopted and Mayor and Deputy City Clerk authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-11.
130448 - Greenwood/Schmitt
that communication from Leisure Services Director transmitting grant in the
amount of $5,000.00 from Community Foundation of Northeast Iowa for use at the
Pat Bowlsby Off -Leash Dog Park, with no required city match, be received, placed
on file and "Resolution approving said grant", be adopted and Mayor authorized
to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-12.
Prior to a vote on the above motion, the following comments were heard.
• •
Great
American
Outdoor
Waterloo
Implement
Turf Werks
JD 110TLB
No Bid
54,297.00
No Bid
JD 2653B
25,944.68
No Bid
No Bid
JD 2500B
27,161.89
No Bid
No Bid
JD 1200A
10,587.38
No Bid
No Bid
JD Gator TX
7,932.03
No Bid
No Bid
JD Gator TE (Electric)
8,696.35
No Bid
No Bid
Jacobsen R311
No Bid
No Bid
47,200.00
Buffalo Cyclone KB3
5,700.00
No Bid
5,699.00
Ayes: Seven. Motion carried.
UNFINISHED BUSINESS
130445 - Greenwood/Schmitt
that communication from City Planner transmitting recommendation of award of
contract in the maximum amount of $89,725.00 to Louis Berger Group, Inc. of
Marion, Iowa in conjunction with Archaeological Services for Demolition
Activities of the Hazard Mitigation Grant Program (HMGP) Property Acquisition
Project, 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. 2010-9.
130446 - Greenwood/Schmitt
that communication from Associate Engineer transmitting recommendation of award
of contract in the amount of $477,197.01 to Peterson Contractors, Inc. of
Reinbeck, Iowa in conjunction with F.Y. 2010 River Renaissance Trail - 6th to 18th
Street, Contract No. 761, 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. 2010-10.
DOCUMENTS
130447 - Greenwood/Schmitt
that communication from General Manager of Waterloo Water Works transmitting
Release of Real Estate Mortgage with Kenneth R. Wyant, 109 E. Eagle Road, for
payment of Promissory Note and Mortgage for the Kimball South Rural Water Main
Project, be received, placed on file and "Resolution approving said Release of
Real Estate Mortgage", be adopted and Mayor and Deputy City Clerk authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-11.
130448 - Greenwood/Schmitt
that communication from Leisure Services Director transmitting grant in the
amount of $5,000.00 from Community Foundation of Northeast Iowa for use at the
Pat Bowlsby Off -Leash Dog Park, with no required city match, be received, placed
on file and "Resolution approving said grant", be adopted and Mayor authorized
to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-12.
Prior to a vote on the above motion, the following comments were heard.
• •
• •
January 11, 2010 Page 5
Documents continued
Councilperson Greenwood asked if the funding of the dog park is complete. Paul
Huting, Leisure Services Director, stated that he doesn't know if it will ever
be complete. Mr. Huting stated that it is open, functioning and a lot of people
are using the park with this particular shade structure in this section of the
park and they would also like to put another one in another part of the park.
Mr. Huting stated that it is a welcome to the community.
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. 2010-12.
130449 - Getty/Cole
that communication from Airport Director transmitting Change Order No. 2 for a
net decrease in the amount of $13,724.92 for work to be performed by Cedar
Valley Corporation of Waterloo, Iowa in conjunction with Rehabilitation of
Taxiway "A" Project at Waterloo Regional Airport, be received, placed on file
and approved and Mayor authorized to execute same. Ayes: Seven. Motion
carried.
130450 - Getty/Cole
that communication from Airport Director transmitting Change Order No. 2 for a
net decrease in the amount of $65,411.95 for work performed by K. Cunningham
Construction, Inc. of Cedar Falls, Iowa in conjunction with Rehabilitation of
General Aviation Apron and Taxilanes, Phase 2, at Waterloo Regional Airport, be
received, placed on file and approved and Mayor authorized to execute same.
Ayes: Seven. Motion carried.
130451 - Welper/Hart
that communication from Community Planning & Development Director transmitting
Amendment No. 2 to an agreement with Iowa Department of Economic Development for
Community Development Block Grant Business Disaster Recovery funding for
expanded Business Assistance Program, be received, placed on file and
"Resolution approving said amendment", be adopted and Mayor authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-13.
130452 - Hart/Greenwood
that communication from Building Official/Maintenance Administrator transmitting
Change Order Nos. 2, 3 and 4 for a net increase in the total amount of
$52,500.00 for work performed by Cardinal Construction, Inc. of Waterloo, Iowa
in conjunction with New Fire Station ##8, be received, placed on file and
approved and Mayor authorized to execute same. Ayes: Six. Nays: Getty.
Motion carried.
130453 - Hart/Greenwood
that communication from Building Official/Maintenance Administrator transmitting
Change Order No. 4 for a net increase of $3,208.31 for work performed by Failor
Hurley Construction of Hudson, Iowa in conjunction with Commercial Street
Parking Garage Repairs, Phase I, be received, placed on file and approved and
Mayor authorized to execute same. Ayes: Six. Motion carried.
130454 - Cole/Greenwood
that communication from Associate Engineer transmitting Contract, Bonds and
Certificates of Insurance in the amount of $477,197.01 with Peterson
Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2010 River
Renaissance Trail - 6th to 18th Street, Contract No. 761, be received, placed on
file and "Resolution approving said documents", be adopted and Mayor and Deputy
City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-14.
January 11, 2010 Page 6
Documents continued
130455 - Cole/Greenwood
that communication from Community Development Director transmitting Community
Development Block Grant with Iowa Department of Economic Development for
Acquisition/Demolition (disaster housing buyout) funds to acquire structures
damaged or destroyed by the 2008 floods, 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. 2010-15.
130456 - Cole/Greenwood
that communication from Leisure Services Director transmitting Memorandum of
Understanding with the Black Hawk County Conservation Board for the development
of Black Hawk Creek Water Trail, be received, placed on file and "Resolution
approving said Memorandum of Understanding", be adopted and Mayor and Deputy
City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-16.
130457 - Cole/Greenwood
that communication from Community Planning and Development Director transmitting
amendment to Development Agreement with Cardinal Construction Inc. to change the
date to January 1, 2011 for new office construction in the Country Club Business
Park, be received, placed on file and "Resolution approving said amendment", be
adopted and Mayor and Deputy City Clerk authorized to execute same. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-17.
130458 - Hart/Welper
that communication from Community Planning & Development Director transmitting
Development Agreement with Anthony L. and Christopher P. Huff for development of
a 3,600 sq. ft. building generally located at 3450 Wagner Road within the
MidPort TIF District, with an increased taxable value of $68,000.00 and tax
rebates for 5 years at 50 percent, be received, placed on file and "Resolution
approving said agreement", be adopted and Mayor and Deputy City Clerk authorized
to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-18.
130459 - Hart/Welper
that communication from Community Planning & Development Director
agreement with Iowa Department of Economic Development for
Development Block Grant (CDBG) Disaster Recovery Infrastructure
follow up to the award letter that was approved on November 23,
amount of $3,941,250.00 for the design and construction of storm
stations, be received, placed on file and "Resolution approving said
be adopted and Mayor authorized to execute same. Ayes: Seven.
transmitting
a Community
contract in
2009 in the
water lift
agreement",
Resolution adopted and upon approval by Mayor assigned No. 2010-19.
130460 - Hart/Welper
that communication from Community Planning & Development Director
agreement with Iowa Department of Economic Development for
Development Block Grant (CDBG) Disaster Recovery Infrastructure
follow up to the award letter that was approved on November 23,
transmitting
a Community
contract in
2009 in the
amount of $6,310,000.00 for the design and construction of storm water lift
stations, 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. 2010-20.
1 •
January 11, 2010 Page 7
ORAL PRESENTATIONS
130461 - Cole/Greenwood
James B. Robison, 1555 Newell Street, stated that he sees that the city has been
approved for a number of community block grants. Mayor Clark stated that is
correct and that process is ongoing. Mr. Robison asked if it will address low
income housing. Mayor Clark responded that some of it will. Mr. Robison asked
how in the community, especially the 4th Ward area when you have several low
income properties like this. Mr. Robison stated that he also has issues with
the police department, particularly Investigator Meyer, about not taking care of
drug houses in his neighborhood. Mayor Clark stated that if he has an issue
with Investigator Meyer or the police department then he should stay after the
meeting to talk to the Police Chief. Mayor Clark stated that if he has an issue
with the low income housing then he can speak with Rudy Jones.
John Sherman, 1715 Robin Road, stated he is concerned that if item #10 contract
is issued, then why was $52,000.00 raised at the fire department when the
contracts are run for the summer in the winter. He stated that if he could make
a low bid he can guarantee that low bid if he could add on everything through
change orders. He stated that with the addition of the $52,000.00 is just the
start. He stated that it is wintertime and what he is suggesting is that the
legalities of this contract is addressed at that time. He stated that there
should be no reason for contracts to continually have add-ons. Noel Anderson,
Community Planning and Development Director, stated that when the project was
originally scheduled to move forward there were some problems with the land
transfer and caused some delays. Mr. Anderson stated that it caused the change
in the design in the location of the building, which is a cause for a change
order. Mr. Anderson stated this is why we are seeing it on the agenda.
Forrest Dillavou, 1725 Huntington Road, stated that it took years to get the
lumps smoothed out and resurfaced on Huntington Road. Mr. Dillavou stated that
during the time of getting it resurfaced, then someone decided that we needed a
speed bump. He stated that he understands the process and then an extra
$4,395.00 was spent on a speed bump after spending the money to smooth out the
street. He believes that there is another way to slow down speeders by
enforcing the law. He believes it will generate money, leave a smooth street
and keep from spending $4,395.00 for a speed bump. He stated that thousands of
dollars are being wasted on speed bumps and urged the council to put a
moratorium on speed bumps until it is fully researched.
that the above oral comments be received and placed on file. Ayes: Seven.
Motion carried.
ADJOURNMENT
130462 - Welper/Cole
that the Council adjourn at 6:14 p.m. Ayes: Seven. Motion carried.
Carol Failor
Deputy City Clerk