HomeMy WebLinkAboutMinutes-1 /25/2010• •
January 25, 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 25, 2010. Mayor Ernest G.
Clark in the Chair. Roll Call: Getty, Jones, Schmitt, Welper, Hart. Absent: Cole,
Greenwood.
Moment of Silence.
Pledge of Allegiance: Ernest G. Clark, Mayor.
130488 - Hart/Getty
that the Agenda, as amended to delete Item 10 and add Item 13a, for the Regular
Session on Monday, January 25, 2010, at 5:30 p.m., be accepted and approved.
Ayes: Five. Absent: Cole, Greenwood. Motion carried.
130489 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, January 19,
2010, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Cole,
Greenwood. Motion carried.
CONSENT AGENDA
130490 - 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. 1-86, dated January 25, 2010,
2010, in the amount of $2,7543.610.55, 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. 2010-38.
b. Motion to approve the following:
1. Travel request for Joseph Saunders, Police Officer to attend ASP Baton
Restraint Instructor Recertification at the Iowa Law Enforcement Academy
located in Johnston, Iowa on February 24-25, 2010, with costs not to
exceed $203.00, including use of city vehicle.
2. Travel request for Jim Bartlett and Todd Wilson, Investigators/Planners to
attend the National Fusion Center Conference located in New Orleans,
Louisiana on February 22-26, 2010, with costs not to exceed $2,669.32.
3. Travel request for Troy Luck, Basic Fire/Arson Investigator to attend
Basic Fire/Arson Investigator School located in Ames, Iowa on March 1-12,
2010, with costs not to exceed $945.00, including use of city vehicle.
c. Liquor License Permit Application
Class C
Tony's Trattoria, 3251 W. 4th Street (Renewal) (Expires 1/31/11) (Includes
Sunday Sales)
Packers Inn, 201 Rath Street (Renewal) (Expires 2/27/11) (Includes Sunday
Sales)
Beck's Sports Brewery, 3295 University Avenue (New) (Expires 1/01/11)
(Includes Sunday Sales & Brew Pub)
d. Outdoor Service Area Application
Packers Inn, 201 Rath Street
e. Bonds
Ayes: Five. Absent: Cole, Greenwood. Motion carried.
January 25, 2010 Page 2
HEARINGS & BIDS
130491 - Schmitt/Welper
that proof of publication of notice of public hearing on Fire Rescue Uniforms
for Waterloo Fire Rescue, as published in the Waterloo Courier on January 21,
2010, be received and placed on file. Ayes: Five. Absent: Cole, Greenwood.
Motion carried.
130492 - 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: Cole, Greenwood. Motion carried.
130493 - Schmitt/Welper
that request from Fire Chief to move bid opening to February 8, 2010, be
approved. Ayes: Five. Absent: Cole, Greenwood. Motion carried.
HEARINGS
130494 - Getty/Hart
that proof of publication of notice of public hearing on the Purchase of One (1)
2007 F-750 Demonstrator with Terex Utilities Derrick Unit, as published in the
Waterloo Courier on January 21, 2010, be received and placed on file. Ayes:
Five. Absent: Cole, Greenwood. Motion carried.
130495 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Getty/Hart
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried.
130496 - Getty/Hart
that recommendation of Superintendent of Central Garage to award bid in the
amount of $121,025.00 to Dueco Inc. of Watertown, South Dakota in conjunction
with the Purchase of One (1) 2007 F-750 Demonstrator with Terex Utilities
Derrick Unit", be received, placed on file and "Resolution approving award of
said bid", be adopted. Ayes: Five. Absent: Cole, Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-39.
130497 - Getty/Hart
that proof of publication of notice of public hearing on the Five Sullivan
Brothers Convention Center Audio/Visual Upgrade, as published in the Waterloo
Courier on January 21, 2010, be received and placed on file. Ayes: Five.
Absent: Cole, Greenwood. Motion carried.
130498 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Councilperson Jones asked if wi-fi access is already available. Debra Anderson,
Building Official/Maintenance Administrator, responded that it would be
available. Ms. Anderson stated that individuals would be able to bring their
laptop computer in and hook up into the system. Ms. Anderson stated that there
will be ceiling mounted screens that will project down for presentations and
such. Ms. Anderson stated that each meeting room would have those capabilities.
Councilperson Jones asked if the eight projectors and screens would be able to
be connected to the network since they are networkable devices. Ms. Anderson
responded that she was unsure and can look into it. Councilperson Jones asked
if the digital controllers would be secured in any way since they are each
$1,250.00 and will be accessible in each room. Ms. Anderson responded that they
will either be covered or a lockable device. Ms. Anderson stated that in most
meeting rooms the systems itself has a locking device so not just anyone can
access it. Councilperson Jones asked if the vendors suggested any other
upgrades. Louis Cutwright, Building Official/Maintenance Administrator, both
providers did visit the site and all of the equipment is going to be mounted.
January 25, 2010
• •
Hearings continued
Page 3
Mr. Cutwright stated that the screens will be hidden in the ceiling, the camera
will be affixed to the ceiling so they are secure from vandals getting at them,
the devices will be wall mounted as they are already for the sound system. Mr.
Cutwright stated that the devices will be lockable and individuals will not be
able to just start pushing buttons. Mr. Cutwright stated that every camera will
have wi-fi access so that a power point presentation can be shown just off of an
individuals laptop through the system. Mr. Cutwright stated that the
controllers will be secured to the walls like what is secured to the walls right
now for the sound system and it will be lockable. Councilperson Jones asked if
during the visits with the vendors at the site did they mention any changes or
upgrades to the system. Mr. Cutwright stated that one change that was included
after looking at the system was a digital wayfinder product for the center. Mr.
Cutwright stated that the system would have a computer along with it so that if
the Ramada Inn or the City would like to go out and get advertising to be shown
on the screen then the advertisement can actually be shown on it. Councilperson
Steve Schmitt asked if the two vendors had comparable equipment in other
locations. Mr. Cutwright stated that was the one biggest thing he wanted to do
is as vendors were submitting the bids staff wanted a very detailed comparison
of the equipment to see if it is the same. Mr. Cutwright stated that if staff
were to go on-line and look at the items vendors were bidding then staff wanted
the equipment to have the same capabilities. Mr. Cutwright stated that the
screens are very large screens and the city had to get a different system for
the screens. Mr. Cutwright stated that both vendors have installed these types
of systems in other convention centers and meeting rooms all around the west.
Mayor Clark stated that it has not been very long since an extensive renovation
to the audio/visual system at the Five Sullivan Brothers Convention Center.
Mayor Clark stated that there is the need for it again and asked the reason why.
Mr. Cutwright stated that the audio/visual equipment that is being looked at now
is completely new equipment that has never existed at the Five Sullivan
Brothers. Mr. Cutwright stated that there have been problems with the audio
equipment that was installed during the upgrade in 2003. Mr. Cutwright stated
that at the time of that upgrade the equipment was state of the art and then two
years later the equipment became obsolete. Mr. Cutwright stated that the vendor
that put the item in seized to have a license to service that item. Mr.
Cutwright stated that because of that and other situations with how the
equipment has been operated through the years it has proven to be not a good
item. Mr. Cutwright stated that he spoke with the vendor that is going to
install the audio/visual equipment to start looking solidly at the system so it
is a flawless system. Mr. Cutwright stated that when the system would turn over
at the end of February the city should have a flawless system at the Five
Sullivan Brothers not only audio/visual but also the speaker system throughout
the building should last for many years with proper maintenance. Councilperson
Hart asked if the audio part is going to be improved as well. Mr. Cutwright
responded that was correct.
Getty/Hart
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried.
130499 - Getty/Hart
that recommendation of Building Official/Maintenance Administrator to award bid
in the amount of $83,489.99 to Maximum Sight and Sound of Waterloo, Iowa in
conjunction with Five Sullivan Brothers Convention Center Audio/Visual Upgrade,
be received, placed on file and "Resolution approving award of said bid", be
adopted. Ayes: Five. Absent: Cole, Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-40.
January 25, 2010 Page 4
UNFINISHED BUSINESS
130500 - Welper/Hart
that communication from Leisure Services Director transmitting recommendation of
award of bids to: Van Wall Turf & Irrigation of Urbandale, Iowa in the amount of
$138,664.25 for the purchase of Three (3) John Deere 2500B Greens Mowers, Two
(2) John Deere 2653B Utility Mowers, Two 12) John Deere 1200A Bunker Rakes, One
(1) John Deere Gator TX, and One (1) John Deere Gator TE; and Turf Werks of
Johnston, Iowa in the amount of $99,598.00 for the purchase of Two (2) Jacobsen
R311 Wide Area Mowers, and Two (2) Buffalo Turbine KB3 Blowers in conjunction
with the Purchase of 2010 Golf Turf Equipment, be received, placed on file and
"Resolution approving award of said bids", be adopted. Ayes: Five. Absent:
Cole, Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-41.
130501 - Welper/Hart
that communication from Leisure Services Director transmitting recommendation of
approval of award of bid in the amount of $54,297.00, minus $3,500.00 trade for
a net total price of $50,797.00 to Waterloo Implement of Waterloo, Iowa in
conjunction with the Purchase of One (1) John Deere 110TLB Tractor, be received,
placed on file and "Resolution approving award of said bid", be adopted. Ayes:
Five. Absent: Cole, Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-42.
PETITIONS FROM PUBLIC
130502 - Hart/Schmitt
that communication from City Planner transmitting request of Contemporary Urban
Development to rezone from "R-2" One and Two Family Residence District to "C -P"
Planned Commercial District property generally located at north of the northeast
corner of Idaho Street and Martin Luther King Jr. Drive to allow for the
development of a potential convenience store, together with recommendation of
approval of Planning, Programming and Zoning Commission, be received, placed on
file and "Resolution setting date of hearing as February 1, 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.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Schmitt, stated a portion out of an ordinance regarding the
placement of liquor stores and asked how the city will police this ordinance.
Councilperson Schmitt stated that given the amount of convenience/liquor stores
that are being approved he would just like to know how they will all be policed.
Noel Anderson, Community Planning & Development Director, stated that the
alcohol ordinance is fairly new and they are working with existing businesses as
well as new ones. Mr. Anderson stated that in this case an affidavit would have
to be signed stating whether they will be at or below the 50 percent mark for
sale of alcohol. Mr. Anderson stated that in this case the developer is stating
they will be less than 50 percent and will meet the requirements. Mr. Anderson
stated that two designs were given for the layouts but would still meet the 100 -
foot buffer for an establishment selling less than 50 percent as well. Mr.
Anderson stated that at this point, an affidavit would be signed as to how the
establishment would be conducted. Mr. Anderson that he anticipates in the
future to go generally on a complaint basis and go to the establishment to have
them produce documents to show they are below the 50 percent. Councilperson
Schmitt asked if the establishment is not in compliance then do they get shut
down. Mr. Anderson stated that the establishment would then be in violation 'of
the zoning ordinance and the city would have to take proper measures to bring
them into compliance which could include shutting them down. Mayor Clark asked
if there are provisions in the ordinance for penalties. James Walsh, City
Attorney responded that there are no specific provisions and it is like any
other zoning violation. Mr. Walsh stated that as Mr. Anderson explained that
the city would have to take action.
Following comments a vote was taken on the above motion with the following
result. Ayes: Five. Absent: Cole, Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-43.
• •
January 25, 2010
Petitions from Public continued
130503 - Hart/Schmitt
Page 5
that communication from Community Planning & Development Director transmitting
request of Nagle Signs for a minor site plan amendment to the "C-1, C -Z"
Conditional Zoning for proposed signage renovations at the Subway strip mall
building located at 3620-3628 Kimball Avenue, be received, placed on file and
"Resolution approving said request", be adopted. Ayes: Five. Absent: Cole,
Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-44.
DOCUMENTS
130504 - Hart/Schmitt
that communication from Airport Director transmitting engineering agreement with
AECOM of Waterloo, Iowa at a cost of $40,000.00 for design and acquisition
services for Snow Removal Equipment and De-icing Equipment at the Waterloo
Regional Airport, 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 Schmitt asked if the city is replacing a piece of equipment or if
it is new. Brad Hagen, Airport Director stated that the de-icing truck would be
new and the snow removal equipment would be replaced because it is over 20 years
old. Councilperson Schmitt asked how the planes are de-iced today. Mr. Hagen
responded that the airport equipment is inadequate and there have been several
problems that have become a liability. Most airlines work with the airport
regarding the issues. Staff would like to lease the equipment for not just the
airport but for charter planes, equipment aircraft and general aviation. Mr.
Hagen stated that there is a small piece of equipment that is currently being
used but currently if a charter is brought in then there are issues on landing
or not at the airport because of the de-icing issue. Councilperson Jones stated
that the expenditure is not for the equipment its for design and acquisition to
purchase the equipment. Councilperson Jones asked why the city should spend
this money. Mr. Hagen stated that it is for the design services for equipment
that is worth over a million dollars. Mr. Hagen stated that the consultant
needs to go to at least three different manufacturers to get the specifications
and it is a very time consuming. Mr. Hagen stated that we cannot just go to one
specific manufacturer because it needs to be specific to our size and use of the
equipment at the Waterloo airport. Mr. Hagen stated that this is funded by an
FAA grant so they have as much interest as the city does at making sure it is
competitive by working with the consultant to make sure it stays competitive.
Following comments a vote was taken on the above motion with the following
result. Ayes: Five. Absent: Cole, Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-45.
130505 - Schmitt/Welper
that communication from Associate Engineer transmitting Change Order No. 1 for a
net decrease in the amount of $79,952.11 for work to be performed by B & B
Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2010 Sidewalk
Repair Assessment Program - Zone 9, Contract No. 765, be received, placed on
file and approved and Mayor and Deputy City Clerk authorized to execute same.
Ayes: Five. Absent: Cole, Greenwood. Motion carried.
130506 - Getty/Hart
that communication from City Engineer transmitting Completion of Project and
Recommendation of Acceptance of Work performed by B & B Builders and Supply of
Waterloo, Iowa at a total cost of $80,241.91 in conjunction with F.Y. 2010
Sidewalk Repair Assessment Program - Zone 9, Contract No. 765, be received,
placed on file and "Resolution approving said documents", be adopted and two-
year Maintenance Bond be received and placed on file. Ayes: Five. Absent:
Cole, Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-47.
January 25, 2010 Page 6
Documents continued
130507 - Getty/Hart
that communication from Community Planning & Development Director transmitting
agreement with Lamar Advertising to waive 2010 rental payments for two billboard
leases in exchange for advertising the 2010 Census, be received, placed on file
and "Resolution approving said agreement", be adopted and Mayor authorized to
execute same. Ayes: Five. Absent: Cole, Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-48.
130508 - Getty/Hart
that communication from Community Development Director Amendment No. 5 to STATE
Jumpstart Housing Assistance Program with Iowa Department of Economic
Development for change in article references within the contract, change award
amount from $1,892,723.00 to $3,224,208.00, change of contract end date to
September 30, 2010 and inserting a revised Attachment E & H to assist eligible
residents whose homes were damaged following the natural disasters of 2008, be
received, placed on file and "Resolution approving said amendments", be adopted.
Ayes: Five. Absent: Cole, Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-49.
NEW BUSINESS
130509 - Hart/Schmitt
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. conjunction with F.Y. 2010 Arch Gate Replacement Dry Run Creek, Contract
No. 778, be received, placed on file and approved. Ayes: Five. Absent: Cole,
Greenwood. Motion carried.
130510 - Hart/Schmitt
that plans, specifications, form of contract, etc. in conjunction with F.Y. 2010
Arch Gate Replacement Dry Run Creek, Contract No. 778, be received and placed on
file. Ayes: Five. Absent: Cole, Greenwood. Motion carried.
130511 - Hart/Schmitt
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with the above described project", be adopted.
Ayes: Five. Absent: Cole, Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-50.
130512 - Hart/Schmitt
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. and bid opening as February 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: Cole, Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2010-51.
ORAL PRESENTATIONS
Councilperson Getty stated that about a month ago there was conversation
regarding Mediacom. Mediacom was ready to go off the air and it was just before
the Orange Bowl. Councilperson Getty stated that we were informed by Mr.
Grassley of Mediacom that people could go and rent a box for a year for $1.00 to
continue to watch the channels that switched from analog to digital.
Councilperson Getty stated that those that have newer a model TV can watch all
digital channels without the box. Councilperson Getty stated he has received
several phone calls from individuals who have gone out to get rent the box and
they are being charged $2.00 instead of $1.00 as afore stated. Councilperson
Getty stated that he would like to know why they are charging at a different
rate than what was previously stated. Councilperson Getty stated that he would
like to see about getting Mr. Grassley to attend a council meeting to explain
why. Mayor Clark stated that there are quite a few questions regarding this
issue that he can't explain and we could request to have Mr. Grassley come to a
work session or answer the question. Councilperson Getty stated that he would
like to see him before the council.
1 •
January 25, 2010
• •
Oral Presentations continued
Page 7
Mayor Clark stated that he would try to get a work session set up with Mr.
Grassley so some of the questions can get answered.
Councilperson Hart stated that Friday, January 15, 2010 was a ground breaking
for Common Bonds project. Councilperson Hart stated that it is a very good
project with Sisters of Mercy and Common Bonds staff was there. Councilperson
Hart stated that it was a special opportunity for the community. Mayor Clark
stated that itis a great project for our city and as that comes along he
encourages everyone to take some time to look at the place.
130513 - Hart/Welper
that the above oral comments be received and placed on file. Ayes: Five.
Absent: Cole, Greenwood. Motion carried.
130514 - Hart/Welper
that the council adjourn to Executive Session at 6:04 p.m. Ayes: Five.
Absent: Cole, Greenwood. 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
130515 - Hart/Schmitt
that the council adjourn Executive Session at 6:26 p.m. Ayes: Five. Absent:
Cole, Greenwood. Motion carried.
ADJOURNMENT
130516 - Hart/Schmitt
that the Council adjourn at 6:26 p.m. Ayes: Five. Absent: Cole, Greenwood.
Motion carried.
Suzy®Sares
City Clerk