HomeMy WebLinkAboutMinutes-01/19/20101
January 19, 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 Tuesday, January 19, 2010. Mayor Ernest G.
Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: David Jones, Ward 1 Council Member.
130463 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, January 19,
2010, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
130464 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, January 11,
2010, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
CONSENT AGENDA
130465 - 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. 1-77, dated January 19, 2010, in
the amount of $1,364,369.17, 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. 2010-21.
b. Motion to approve the following:
1. Kent Shankle, Curator to deliver the "Dreaming Cows" exhibit to next
venue in Valparaiso, IN on January 8, 2010, with costs not to exceed
$297.00, including use of city vehicle.
2. Bill Gronen and Denny Duggan, part-time temps to deliver Hector Hyppolite
retrospective to next venue in Mahwah, NJ on January 10-14, 2010, with
costs not to exceed $1,750.00, including use of city vehicle. Expense to
be reimbursed by Ramapo College.
3. Robin Allen, Building Official Applicant to attend Building Official
position interview in Waterloo, IA on December 6-8, 2009, with costs not
to exceed $512.85.
4. Suzy Schares, City Clerk Applicant to attend City Clerk position
interview in Waterloo, IA on November 30, 2009, with costs not to exceed
$693.05.
5. Paul Curry, Building Official Applicant to attend Building Official
position interview in Waterloo, IA on December 9-18, 2009, with costs not
to exceed $898.56.
6. Debra Anderson, Building Official Applicant to attend Building Official
position interview in Waterloo, IA on December 5-9, 2009, with costs not
to exceed $570.40.
7. Dennis Gentz, Assistant City Engineer to attend 46th Annual Concrete
Paving Workshop in Des Moines, IA on February 3-5, 2010, with costs not
to exceed $340.00, including use of city vehicle.
8. Tyler Brownell, Thomas Frein, Luke LaMere and Kyle Law; Police Officers
to attend Iowa Law Enforcement Academy in Johnston, IA on January 4 -April
2, 2010, with costs not to exceed $20,485.00, including use of city
vehicle.
9. James Bolger, Golf Manager to attend and staff a Waterloo golf booth in
LaCrosse, WI on March 12-14, 2010, with costs not to exceed $620.00,
including use of city vehicle.
January 19, 2010 Page 2
Consent Agenda continued
10. Tim Moyer, Chief Electrical Inspector to attend International Residential
Inspector Exam in Des Moines, IA on January 20, 2010, with costs not to
exceed $160.00, including use of city vehicle.
11. Noel Anderson, Community Planning and Development Director to travel with
the Cedar Valley Coalition Group to meet with Congressional Delegation
members in Washington, D.C. on February 28 -March 2, 2010, with costs not
to exceed $1,500.00.
12. Rudy Jones, Community Development Director to travel with the Cedar
Valley Coalition Group to meet with Congressional Delegation members in
Washington, D.C. on February 26 -March 2, 2010, with costs not to exceed
$1,480.00.
13. Mayor Buck Clark to travel with the Cedar Valley Coalition Group to meet
with Congressional Delegation members in Washington, D.C. on February 27 -
March 3, 2010, with costs not to exceed $2,119.00.
c. Beer License Permit Application
Class B
Cedar Valley Fish Market, Inc., 218 Division Street (Renewal) (Expires
1/25/11)
d. Beer License Permit Application
Class C
Elite Liquor, 1309 Lafayette Street (Renewal) (Expires 1/14/11) (Includes
Sunday Sales)
Sam's Club #6514 (Renewal) (Expires 2/28/11) (Includes Sunday Sales)
e. Liquor License Permit Application
Class E
Elite Liquor, 1309 Lafayette Street (Renewal) (Expires 1/14/11) (Includes
Sunday Sales)
Sam's Club #6514 (Renewal) (Expires 2/28/11) (Includes Sunday Sales)
f. Liquor License Permit Application
Class C
Blue River, 315 W. 4th Street (Renewal) (Expires 2/14/11) (Includes Sunday
Sales)
g•
Wine License Permit Application
Class B
Elite Liquor, 1309 Lafayette Street (Renewal) (Expires 1/14/11) (Includes
Sunday Sales)
Sam's Club #6514 (Renewal) (Expires 2/28/11) (Includes Sunday Sales)
h. Outdoor Service Area Application
Blue River, 315 W. 4th Street (Renewal) (Expires 2/14/11) (Includes Sunday
Sales)
i. Bonds
Ayes: Seven, with Councilperson Steve Schmitt abstaining on payment of $547.50
for Schmitt Telecom Partners, Inc. Motion carried.
DOCUMENTS
130466 - Greenwood/Schmitt
that communication from City Engineer transmitting Completion of Project and
Recommendation of Acceptance of Work performed by Nagle Signs, Inc. of Waterloo,
Iowa at a total cost of $48,361.80 for the F.Y. 2009 Riverloop Exposition Plaza
Signage, Contract No. 755, be received, placed on file and "Resolution approving
said documents", be adopted and two-year Maintenance Bond be received and placed
on file. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-22.
• •
• •
January 19, 2010
Documents continued
130467 - Greenwood/Schmitt
Page 3
that communication from Leisure Services Director transmitting grant application
in the amount of $1,500.00 from LEGO Foundation for funding to supply equipment
for the Baseball 101 Program at the Walter Cunningham School for
Excellence/Hellman Field, with no required city match, be received, placed on
file and "Resolution approving said application", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-23.
130468 - Getty/Greenwood
that communication from Leisure Services Director transmitting Change Order No.
2 for a net increase in the amount of $18,405.00 for work to be performed by
Peters Construction Corporation of Waterloo, Iowa in conjunction with 2009
Riverfront Stadium Locker Room Renovations, be received, placed on file and
approved and Mayor authorized to execute same. Ayes: Seven. Motion carried.
130469 - Getty/Greenwood
that communication from Leisure Services Director transmitting agreement with
Black Hawk County Gaming Association for Grant #9420 in the amount of
$156,510.00 for the Cedar River Boat House Project, 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. 2010-24.
130470 - Schmitt/Welper
that communication from Superintendent of Traffic Operations transmitting
agreement with Cedar Bend Humane Society for Animal Control Services, be
received, placed on file and "Resolution approving said agreement", be adopted
and Mayor and City Clerk authorized to execute same. Ayes: 7
Resolution adopted and upon approval by Mayor assigned No. 2010-25.
130471 - Schmitt/Welper
that communication from Community Planning and Development Director transmitting
agreement with Terracon Consultants, Inc. at a cost of $1,900.00 for
environmental assessment of the former Rath Maintenance and Cooper buildings as
part of the property transfer with Crystal Distribution, 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. 2010-26.
130472 - Schmitt/Welper
that communication from Community Planning and Development Director transmitting
Settlement Agreement and Release with Manatt's Inc. for the vacation and
relocation of River Road adjacent to the property at 84 West Mullan Avenue, be
received, placed on file and "Resolution approving said agreement", be adopted
and Mayor and City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-27.
130473 - Schmitt/Welper
that communication from City Planner transmitting contracts and promissory notes
for Disaster Recovery Business Rental Assistance Program with the following: 1)
Scott's Electric, Inc. at 2057 and 2072 Howard Ave, $30,000.00; 2) Fontana Bar
at 801 Commercial St, $15,000.00; 3) Waterloo Butcher Shop at 805 Commercial St,
$9,000.00; 4) Rousselow, Inc. d.b.a. Leer's Cycle Center at 35-37 Fletcher Ave,
$19,800.00; and 5) John S. Pieters, Sr. at 722 Water St, $6,054.00, be received,
placed on file and "Resolution approving said documents", be adopted and Mayor
authorized to execute same. Ayes: Six Abstain: 1 (Schmitt).
Resolution adopted and upon approval by Mayor assigned No. 2010-28.
January 19, 2010 Page 4
Documents continued
130474 - Cole/Hart
that communication from City Planner transmitting amendment to contracts and
promissory notes for Disaster Recovery Business Rental Assistance Program with
the following: Todd P. Western Memorial Scholarship Fund, 501 Sycamore Street,
changing the total financial assistance period to October 2008 through March
2009, be received, placed on file and "Resolution approving amendment to said
documents", be adopted and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-29.
130475 - Cole/Hart
that communication from City Planner transmitting Notice of Information and
Agreement with Iowa Department of Economic Development (IDED) concurring with
the findings of determination for the Section 106 Review, be received, placed on
file and "Resolution approving said Notice of Information and agreement", be
adopted and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-30.
130476 - Cole/Hart
that communication from City Planner transmitting agreement with the Department
of Energy for Energy Efficiency & Conservation Block Grant funding in the amount
of $665,330.00, be received, placed on file and "Resolution approving said
agreement", be adopted and Mayor authorized to execute same.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Welper stated that after looking at and reading through the
information that was given the dollars in the grant are not going to cover all
of the needs we have. Councilperson Welper asked if there was any kind of
estimate as to how much we are planning on spending or are we going to stop when
we get to this dollar figure. Mayor Clark stated that is a good issue to bring
up and it's kind of neat that we got the money that we did because it is going
to be going for some pretty neat things. Louis Cutwright, Building
Official/Maintenance Administrator, stated that it is a very good product
because the city has several buildings in the city that need the energy
efficiency and that one of them is the Waterloo Public Library. Mr. Cutwright
stated that approximately $100,000.00 will be spent of that at the Waterloo
Public Library for taking the 30 -year-old boilers out which are low efficiency
boilers and taking in condenser boilers for that facility. Mr. Cutwright stated
that staff strongly feels that the amount of dollars that are in the grant for
that particular item will cover the cost of the boilers. Mr. Cutwright stated
that staff is looking at doing window replacement in all of the fire stations.
Mr. Cutwright stated that the grant amount will not completely cover all of the
windows in the five fire stations but there is some CIP funding that will go to
support that cost. Mr. Cutwright stated that this is a very good project to get
the single pane, steel frame windows out and put thermal frames with insulated
glass in place to cut the energy bill. Mr. Cutwright stated that there is an
item in there for smart controls at the buildings to put everything under one
system so that anyone of the new maintenance supervisors or building official
will be able to check on the buildings at any one time to find out temperatures
and what is going on. Mr. Cutwright stated that staff will also be able to set
the buildings up on smart controls much like the thermostat in homes run. Mr.
Cutwright stated that the temperature will turn down when the buildings are
unoccupied. The buildings can be put in unoccupied status to turn the
temperature down or up depending on the season. Councilperson Welper asked if
there is a dollar amount of the cost beyond the grant. Mr. Cutwright stated
that staff has dollar amounts for all of the items except for the fire station.
Mr. Cutwright stated that for the fire stations about $28,000.00 will and that
the Smart Controls is approximately $58,000.00. Mr. Cutwright stated that the
city would have to fund a portion of those two from CIP funding.
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. 2010-31.
• •
• •
January 19, 2010
Documents continued
130477 - Cole/Hart
Page 5
that communication from Community Planning & Development Director transmitting
conditional purchase offers with the following: 1) Alan and Terry Ashlock, 140
Sans Souci Dr, $167,172.00; 2) Brent J. and Maureen K. Hastings, 164 Sans Souci
Dr, $153,204.00; 3) Matthew J. Porter, 19 Sans Souci Dr, $109,428.00; 4)
Kathleen C. Gorby, 11 Sans Souci Dr, $105,516.00; 5) Shane M. and Katy M.
Hackett, 23 San Souci Dr, $84,900.00; 6) Mary Jo Scully Klatt Trust, 186 Sans
Souci Dr, $319,068.00; 7) Ilene J. and James L. Weikert, 122 Sans Souci Dr.,
$143,496.00; and 8) Alan W. and Terry D. Ashlock, 110 Sans Souci Dr, $167,952.00
in conjunction with the development of the Hazard Mitigation Grant Program
(HMGP) Property Acquisition Project, 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.
Councilperson Greenwood stated that the city is going to purchase the properties
now and asked about the timeline in proceeding with the project. Aric
Schroeder, City Planner, stated that once the council accepts the purchase
offers the next step on these eight are to get a final determination from FEMA
on their duplication of benefits. Mr. Schroeder stated that process takes about
two weeks and there are some other things that need to be done but they can be
done concurrently through the FEMA process. Mr. Schroeder stated that would
include getting SBA clearance, abstract updated and the city attorney to do the
title clearing work. Mr. Schroeder stated that he would guess that it all
should be able to be done within a two to three week time period. Mr. Schroeder
stated that once that is done if there are any title clearing dificencies that
any of the property owners will have to address then they will have to work on
that but usually once all of that is done it is another week or two from there
before staff will be ready to go to closing. Mr. Schroeder stated that
approximately a month or shortly after a month staff will be ready to start
closing on those eight. Mr. Schroeder stated that staff will be closing on the
first two this Thursday from the first round that council had approved
previously. Mr. Schroeder stated that within the next couple of weeks staff
will be sending around the third round of offers. Mr. Schroeder stated that the
buyouts are moving quite nicely.
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. 2010-32.
RESOLUTIONS TO BE ADOPTED
130478 - Welper/Cole
that "Resolution dedicating approximately 9,000 square feet of property located
to the south and east of 4145 Kimball Avenue for storm and sanitary sewer
easement purposes", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-33.
130479 - Welper/Cole
that "Resolution dedicating a portion of public right-of-way generally located
at the south end of Mirage Ridge, directly west of 4141 Mirage Ridge (Furniture
Row) for a proposed cul-de-sac at the dead-end of Mirage Ridge", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-34.
January 19, 2010 Page 6
NEW BUSINESS
130480 - Welper/Cole
that communication from Superintendent of Central Garage transmitting request to
set date of hearing on award of bid in the amount of $121,025.00 to Dueco Inc.
of Watertown, SD for the purchase of one (1) 2207 F-750 Demonstrator with Terex
Utilities Derrick Unit, be received, placed on file and "Resolution setting date
of hearing as January 25, 2010, 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. 2010-35.
130481 - Welper/Cole
that communication from Building Official/Maintenance Administrator transmitting
request to set date of hearing on award of bid on the Five Sullivan Brothers
Convention Center Audio/Visual Upgrade, be received, placed on file and
"Resolution setting date of hearing as January 25, 2010, 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.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Hart asked if there were any plans to upgrade the audio or has
that already been updated. Louis Cutwright, Building Official/Maintenance
Administrator, stated that the audio has already been upgraded but staff has
been having problems with it. Mr. Cutwright stated that because of a few
situations that take place at Five Sullivan Brothers Convention Center a call
was made to the provider for maintenance and they are looking into it. Mr.
Cutwright stated that staff is looking to implement steps so that it does not
happen again.
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. 2010-36.
130482 - Welper/Cole
that communication from Fire Chief transmitting request for authorization to
seek bids for Fire Rescue Uniforms, be received, placed on file and "Resolution
setting date of hearing as January 25, 2010, at 5:30 p.m. in the City Hall
Council Chambers on the above described request", be adopted and City Clerk
instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-37.
ORAL PRESENTATIONS
Eli Brus, 1330 Wallgate Avenue, stated that he is a student of Hawkeye Community
College and is a member of the Student Senate. Mr. Brus stated that as a member
of the Student Senate they have received a lot of concerns pertaining to the
safety of the intersection in front of Hawkeye Community College. Mr. Brus
stated that the intersection is Dublin Street and Orange Road. Mr. Brus stated
that the speed limit there is 35 mph and with the road conditions they have had
a lot of students say that they have had to dodge vehicles as they crossed the
streets to go to class. Mr. Brus proposed that that a set of stop signs and a
crosswalk be put in that area. Sandi Greco, Superintendent of Traffic
Operations, staff will take a look at that and will pull an accidents that have
happened from the Police Department. Ms. Greco stated that it would become
quite a study because of all of the pedestrians. Ms. Greco stated that staff
has gone out to the location and taken a look at. Ms. Greco stated that staff
will work with Hawkeye Community College.
Councilperson Hart stated that Sunday, January 17, 2010 was the Martin Luther
King banquet and he wanted to acknowledge the essay winners that won the awards:
Todd Shavers, Dequinterio Gallaway, Victoria Shones, Danielle Anderson.
Councilperson Hart stated these students are wonderful writers who are very
enthused with Dr. Martin Luther King's dreams.
• •
• •
January 19, 2010
Oral Presentations continued
130483 - Getty/Hart
Page 7
that the above oral comments be received and placed on file. Ayes: Seven.
Motion carried.
130484 - Hart/Cole
that the council adjourn to Executive Session at 5:59 p.m. Ayes: Seven.
Motion carried.
City Attorney Jim Walsh stated that discussion of acquisition of property is an
approved topic of Executive Session pursuant to Iowa Code Section
21.5(1) (j) (2009).
EXECUTIVE SESSION
130485 - Cole/Getty
that the council adjourn Executive Session at 6:59 p.m. Ayes: Seven. Motion
carried.
130486 - Cole/Getty
that Planning, Programming and Zoning staff be authorized to proceed. Ayes:
Seven. Motion carried.
ADJOURNMENT
130487 - Hart/Cole
that the Council adjourn at 7:01 p.m. Ayes: Seven. Motion carried.
Suzy S�chares
City Clerk