HomeMy WebLinkAboutMinutes-07/12/2010• •
July 12, 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, July 12, 2010. Mayor Ernest G. Clark
in the Chair. Roll Call:
Moment of Silence.
Pledge of Allegiance: Brad Hagen, Airport Director.
134826 - Welper/Schmitt
that the Agenda, as amended adding request of Screaming Eagle American Bar &
Grill, 228 East 4th Street, for a one-time variance to the Noise Ordinance and
permission to close a portion of E. 4th Street (between Sycamore and Mulberry
Streets) and Lafayette Street (just west of E. 4th Street intersection to the
middle of the 600 block of Lafayette Street) on Thursday, July 29, 2010 from
6:00 p.m. to 12:00 a.m. in conjunction with Bike Night and RAGBRAI events,
including PA system and band, together with recommendation of approval of Chief
of Policeand, for the Regular Session on Monday, July 12, 2010, at 5:30 p.m., be
accepted and approved. Ayes: Six. Absent: Hart. Motion carried.
134827 - Welper/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, June 28, 2010,
at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Hart. Motion
carried.
Mayor Clark recognized the July Team Member of the Month - David Ross.
CONSENT AGENDA
134828 - Welper/Schmitt
that the following items on the consent agenda be received, placed on file and
approved:
a. Resolutions to approve the following:
1. Schedule AP642, pp. 1-54, dated July 12, 2010, in the amount of
$3,395,957.83, 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. 2010-584.
2. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00
with Fareway Store 951, 40 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. 2010-585.
3. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00
with BJs Sports Bar & Billiards, 110 Ida 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. 2010-586.
4. Main Street Waterloo Hog Rally event to be held at RiverLoop Expo on
Saturday, July 17, 2010 from 6:00 a.m. to 1:00 p.m., together with
approval of Chief of Police.
Resolution adopted and upon approval by Mayor assigned No. 2010-587.
5. Third Annual Peregrine Charities Triathlon event to be held at George Wyth
State Park on Sunday, September 26, 2010 from 7:30 a.m. to 11:30 a.m.,
together with approval of Chief of Police.
Resolution adopted and upon approval by Mayor assigned No. 2010-588.
July 12, 2010 Page 2
b. Motion to approve the following:
1.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Greg Erie,
Police Officer
AR -15/M-16 rifle
Armorers Course
Cedar
Rapids,
Iowa
July 27-
29, 2010
$610.00
2. Recommendation of appointment of the following with approval of Mayor Buck
Clark:
Appointee
Board/Commission
Expiration
Date
New or Re -
Appointment
Craig Schwerdtfeger
General Contractors
Board of Licensing,
Examiners and Appeals
7/18/2011
Re -Appointment
Carol Crandall
General Contractors
Board of Licensing,
Examiners and Appeals
7/18/2011
Re -Appointment
Wayne Magee
General Contractors
Board of Licensing,
Examiners and Appeals
7/18/2012
Re -Appointment
Steve Aries
General Contractors
Board of Licensing,
Examiners and Appeals
6/23/2012
Re -Appointment
Reed Hunemuller
General Contractors
Board of Licensing,
Examiners and Appeals
7/18/2012
Re -Appointment
Dave Barrett
General Contractors
Board of Licensing,
Examiners and Appeals
7/18/2013
Re -Appointment
Dave Peters
General Contractors
Board of Licensing,
Examiners and Appeals
7/18/2013
Re -Appointment
Mike Gerst
General Contractors
Board of Licensing,
Examiners and Appeals
7/18/2013
Re -Appointment
Mary Potter
Historic Preservation
Commission
4/7/2013
Re -Appointment
Gale Quirk
Historic Preservation
Commission
4/7/2013
Re -Appointment
Tim Andera
Historic Preservation
Commission
4/7/2013
New Appointment
3. Beer License Permit Application
Class C
Hy -Vee Gas #3, 1512 Flammang Drive (Renewal) (Expires 8/26/2011) (Includes
Sunday Sales)
Kwik Stop 3, 1104 Washington Street (New) (Expires 7/15/2011) (Includes
Sunday Sales)
A & S Petroleum Inc., 127 Jefferson Street (Renewal) (Expires 6/29/2011)
(Includes Sunday Sales)
4. Liquor License Permit Application
Class C
BJ's Bar and Billiards, 110 Ida Street (Renewal) (Expires 7/29/2011)
(Includes Sunday Sales)
Steamboat Gardens, 1740 Falls Avenue (Renewal) (Expires 6/13/2011)
Light House Lounge, 1307 W. 5th Street (Renewal) (Expires 6/28/2011)
Millers Sports Pub, 708 Jefferson Street (New) (Expires 7/30/2011)
(Includes Sunday Sales)
5. Liquor License Permit Application
Class E
Kwik Stop 3, 1104 Washington Street (New) (Expires 7/15/2011) (Includes
Sunday Sales)
6. Wine License Permit Application
Class B
Kwik Stop 3, 1104 Washington Street (New) (Expires 7/15/2011) (Includes
Sunday Sales)
A & S Petroleum Inc., 127 Jefferson Street (Renewal) (Expires 6/29/2011)
(Includes Sunday Sales)
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July 12, 2010 Page 3
7. Beer/Wine License Permit Application
Special Class C
Friends of the Art Center, 225 Commercial Street (Renewal) (Expires
6/21/2011) (Includes Sunday Sales)
8. Outdoor Service Area Application
BJ's Bar and Billiards, 110 Ida Street
L.J.'s Neighborhood Grill & Bar, 3350 Kimball Avenue
Narey's 19th Hole, 2073 Logan Avenue
Friends of the Art Center, 225 Commercial Street
9. Cigarette and Tobacco Permit Application
Jet Lounge, 451 W. Parker Street
Tiny's Bargain Corner, 500 Sycamore Street
Kwik Stop #2, 4335 Texas Street
La Chiquita Mexican Store/Restaurant, 301 E. 4th Street
Smitty's Bar, 709 Jefferson Street
Casey's Pub & Eatery, 1125 W. Donald Street
Club Fever, 313 W. 5th Street
Liquor & Tobacco Outlet, 2844 University Avenue
10. Bonds
Ayes: Six. Absent: Hart. Motion carried. Mr. Schmitt abstained from the bills
payment for the payment to Schmitt Telecom.
PUBLIC HEARINGS
134829 - Schmitt/Welper
that proof of publication of notice of public hearing on F.Y. 2010 Young Arena
Expansion Project Phase I, as published in the Waterloo Courier on June 29,
2010, be received and placed on file. Ayes: Six. Absent: Hart. Motion carried.
134830 - 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: Six. Absent: Hart. Motion carried.
134831 - Schmitt/Greenwood
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with F.Y. 2010 Young Arena Expansion Project Phase I", be
adopted. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-590.
134832 - Schmitt/Greenwood
that "Resolution ordering construction in conjunction with above project", be
adopted. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-591.
July 12, 2010 Page 4
134833 - Schmitt/Greenwood
to receive, file and instruct City Clerk to open and read bids and refer to
Leisure Services Director for review:
Bidder
Bid
Bond
Base
Bid Amount
Alternate
Bid Amount
Dean Snyder Construction
913 North 14th Street
Box 181
Clear Lake, IA 50428
5%
$312,000.00
$6,100.00
Don Gardner Construction
315 La Porte Road
Waterloo, IA 50702
5%
$344,834.00
$7,400.00
Huff Contracting, Inc.
1310 Grandview Avenue
Waterloo, IA 50703
5%
$289,436.00
$6,025.00
Michael Huff Construction
3438 Wagner Road
Waterloo, IA 50703
5%
$341,250.00
$5,824.00
Prairie Construction Co., Inc.
P.O. Box 626
Waterloo, IA 50704
5%
$349,900.00
$5,200.00
Youngblut Contracting, Inc.
7139 La Porte Road
Washburn, IA 50702
5%
$348,560.00
$6,650.00
Ayes: Six. Absent: Hart. Motion carried.
134834 - Getty/Schmitt
that proof of publication of notice of public hearing on sale and conveyance of
121 Sumner Street to Dave Lederman for $3,000.00 plus costs, as published in the
Waterloo Courier on June 29, 2010, be received and placed on file. Ayes: Six.
Absent: Hart. Motion carried.
134835 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
James B. Robison, I am speaking against the sale of the property. We were the
owners of that property until the city took it from us. And as you know a
meeting I had with you, Ethel Washington and the Neighborhood Association
President, Charles Myles. I explained to you that I had $15,000.00 worth of
materials to remodel that property. And you had also said in that meeting that
the Lederman family had been involved in prostitution and she would chase them.
That property has been in our family for 49 years. I filed an injunction two
days prior to the city tearing that property down. The court did not even
acknowledge my injunction. I never received any notice. I explained how or
what circumstances occurred in court because I couldn't tape them all. As I
taped that hearing I had with you, Ethel, and Charles Myles. As I am taping
here today the same recording. And I'm against it. Why would you sell property
to a person that you knew had been involved in criminal activity, prostitution,
and what have you? And then also, under those circumstances did you tell the
rest of the council members that you looked at my computer? That I had over 900
square feet beside me, I had 14 windows, I had 10 foot section of kitchen
cabinets, I had all the shingles, I had electrical, I had a new furnace, I had a
hot water heater, I have bathroom fixtures, sink, everything. You said it
didn't matter. I talked to Louis Starks and he said it didn't matter. I'm
wondering what are we as a city trying to do here to this community. And that
particular property my parents purchased that property in 1949. They got here
in 1947. During that time people of color couldn't buy property anywhere. My
grandfather on my mother's side was white. My mother looked like she was white.
They left Florida because they couldn't walk down the street together. My
father served four years of duty in the army in WWII. He went in 1943 he
couldn't get out in 1945 because that was the height of the war. When he came
home he married my mother. They resided in West Palm Beach, Florida and they
couldn't walk down the street together. My father came here when John Deere was
hiring and he got a job. He was making $45.00 per week gross. I still have his
check stub. He was getting only $38.98 net a week. They bought a house that
they could afford. They bought a house where they were allowed to buy. They
were the third persons of color to be allowed to buy a house on that side of the
street. Even recent articles point to the fact that people of color were
restricted to buying property in an area that bordered starting with East 4th
Street all the way up Sumner Street to Mobile Street to the railroad. In fact,
the abstract at the other piece of property where she owns clarifies that, it
proves it. It was a restricted district from all of the rest of the town. But
as I said to you and I said in court and I said to Dave Zellhoefer. Basically I
talked to all of you until we were blue in the face, I'm blue in the face. None
• •
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July 12, 2010 Page 5
of that mattered to you. Over the years I've watched as a young boy that area
go downhill. And it didn't go downhill until the Lederman family bought that
property next door in 1964. I have it well documented and it got worse as years
went on. Over the years the city attempted to by the property from my parents.
My mother and father didn't want to sell the property. You know they weren't
rich, they didn't intend to be developers.
Mayor Clark, Mr. Robison you know our policy only is three minutes and you've
got three minutes and I will give you a couple more.
Mr. Robison, I got some questions that I want to ask you Mayor. Is it okay that
I release a 1 hour and 20 minute meeting to the media that I recorded? Do I
have your permission?
Mayor Clark, I think you are probably going to do it whether you have my
permission or not. Are you talking about the meeting that you and I and Ethel
had?
Mr. Robison, and Charles Myles. Did you apprise this council? Let all of the
council members know, City Planning and Zoning that I was ready to go on that
property?
Mayor Clark, Mr. Robison there is a timing issue. And I told you at the
meeting. And if you release the tape you are certainly going to understand that
there was a timing issue there and your time had passed to bring that property
up to date. And you showed me a video showing lots of different household
equipment, tools and so forth that you had amassed and were storing. But that
does not eliminate the fact that the property was in terrible disrepair and had
gone through the 657A process completely. And you had lots of time to show up
to do something about that. I can't stop the process.
Mr. Robison, its just like I told you. Look at the whole area down there now.
Its awfully funny that we've got complaint after complaint after complaint so
your attorney said over the last five years. I look at the area now, I've got
videos and I've got pictures. Its worse now then it was before.
Mayor Clark, your time is up. What would you like to do?
Mr. Robison, I want our property back.
Mayor Clark, your not going to get your property back.
Mr. Robison, why would you discriminate against us like this?
Mayor Clark, there is no discrimination.
Mr. Robison, you did discriminate because you had people selling drugs that's
what you said in the tape and that's exactly what you said in that meeting. You
said you chased them, they have been involved in prostitution. I asked you why
did you have an officer on your police department selling dope, drugs, running a
crack house less than 200 feet away from that house, less than 50 feet away from
the church?
Mayor Clark, we are not going to discuss that tonight Mr. Robison.
Mr. Robison, so where are we at? This is what you are going to do to take
property from people in this area?
Mayor Clark, we went through the proper channels Mr. Robison.
Mr. Robison, no you didn't go through the proper channels. Its how you done it.
You know what you done is wrong and I got it well documented and I'm going to go
public.
Mayor Clark, okay then that is your prerogative to do that Mr. Robison.
Cole/Schmitt
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Six. Absent: Hart. Motion carried.
134836 - Getty/Schmitt
that "Resolution authorizing said sale and conveyance and City Attorney
instructed to prepare and deliver deed accordingly", be adopted. Ayes: Six.
Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-592.
July 12, 2010
RESOLUTIONS
134837 - Welper/Cole
Page 6
that "Resolution approving request of Screaming Eagle American Bar & Grill, 228
East 4th Street, for a one-time variance to the Noise Ordinance and permission
to close a portion of E. 4th Street (between Sycamore and Mulberry Streets) and
Lafayette Street (just west of E. 4th Street intersection to the middle of the
600 block of Lafayette Street) on Thursday, July 29, 2010 from 6:00 p.m. to
12:00 a.m. in conjunction with Bike Night and RAGBRAI events, including PA
system and band, together with recommendation of approval of Chief of Police",
be adopted. Ayes: Six. Absent: Hart.
Councilperson Getty, I have problems that some people have called about. How
often are we going to keep extending the requests from Screaming Eagle? It
started with street and now we are moving across East 4th Street. Then the fence
now goes from their bandstand down 4th Street to the north side of Jameson's
building off the back door and cuts across the parking lot. So they close all
of that area off. It doesn't include any other bars in the area. And somebody
has come up and said that nobody else has asked for anything. Jameson's just
showed up on this.
Mayor Clark, I appreciate your concern and they are well placed. From my
standpoint I appreciate what Mr. Wieland is doing downtown. These kind of
events, I believe, are good for our downtown and they bring a lot of people.
This particular event is on the evening of RAGBRAI and we would like to be able
to provide them with something. Those folks that don't want to stay out at the
campground another venue to be at. I just think that more opportunities we had
to have a fun atmosphere in our downtown in a good thing. This is a little bit
of a unique situation with RAGBRAI and I support it.
Ivan Wieland, owner of Screaming Eagle American Bar and Grill, I'd like to
comment on that. I completely agree with Mr. Getty and his worries that the
Screaming Eagle could get out of control with being granted too many extensions
and such like that. This is a special event and I have no intention of trying
to expand Bike Night on a regular basis. I feel very fortunate to have that
event. We run it very clean and I believe the former Chief, I don't know about
the current Chief, but the former Chief calls it a non-event. We fully intend
on running on the same integrity that we do that event. This was kind of a last
minute special offer from the Miller Brewing Company to use a really fantastic
piece of equipment that you may have seen at the Super Bowl and other national
events. Generally costing a great deal of money and really nice presentation
for us to use to feature downtown in Waterloo. And that is the only reason that
I went for this. This wasn't something that I was going to do without that
fortune of that being offered. So I do not disagree with his concerns that the
Screaming Eagle could get out of control or anyone else could get out of control
by having too many events. This is a special event. Once about every 20 years
we get an opportunity to do this. I think we could compliment what's going on
at the casino. We have two completely different types of entertainment going
on. And I think it provides a great choice for people to come down and see
what's going on in the eastside of downtown of Waterloo, which I think is
fantastic. It was not my intention to not include the other places around.
Jameson's and I did discuss this and I said that I would represent things. Even
at the risk of once again Ivan at the Screaming Eagle are getting special
privileges. I understand all of that and I agree that that could be a problem
but its not really. I have no intentions of regularly asking for things. I
think getting Bike Night is as much as anybody could ask for.
Councilperson Getty, its not that I'm opposed to it its just that I get phone
calls from others.
Mr. Wieland, you are representing others and I understand.
Councilperson Getty, and so far from what I hear from some of my biking friends
it's the fun night. I haven't been there yet but I will.
Mr. Wieland, come down and take a look at it and you will see that its
controlled very well on the perimeter.
Councilperson Getty, I will do that.
Councilperson Schmitt, I know Mitch is here from Main Street and I know that
Main Street has been real involved in getting entertainment for an alternative
venue downtown so I think this compliments that. I think that is a real nice
match. But didn't the RAGBRAI group have, I don't know if expectations is the
right word, but I thought they wanted the downtown activity to seize at 8:00 or
9:00 p.m. Because they've got a pretty big show out at the Isle. I thought
that was a part of the agreement and I didn't know if you were involved in that
conversation or if Mitch is aware of that.
• •
July 12, 2010
Page 7
Mr. Wieland, I'm not involved in that and I'm not really aware of how all of
those politics work. If the RAGBRAI is in charge of the town that day, I don't
know. I'd like that to not be the fact but they are bringing us a lot of
business so. I really am not educated on that.
Councilperson Welper, I guess I'm looking at this a little different way. I
don't think we should be apologizing for events coming to Waterloo's downtown.
I would be tickled to death if we did this every week. So absolutely thank you
for doing this.
Mr. Wieland, thank you for the opportunity.
Resolution adopted and upon approval by Mayor assigned No. 2010-589.
134838 - Greenwood/Welper
that "Resolution approving recommendation of acceptance of bid from Clarey's
Safety Equipment of Rochester, Minnesota, in the amount of $176,640.00 for the
purchase of Self Contained Breathing Apparatus (SCBA's)", be adopted. Ayes:
Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-593.
134839 - Greenwood/Welper
that "Resolution approving agreement with U.S. Department of Justice for the
FFY09 Recovery Act Contract Iowa/Byrne - Justice Assistance Grant (JAG) Program
in the amount of $350,728.00, with a city match of $116,909.00, to be used for
funding of the Tri -County Drug Task Force, and authorize Mayor and Chief of
Police to execute same", be adopted. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-594.
134840 - Greenwood/Welper
that "Resolution approving one-year School Resource Officer's Agreement with
Waterloo Community School District providing for assignment of six police
officers, and authorize Mayor and City Clerk to execute same", be adopted.
Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-595.
134841 - Schmitt/Cole
that "Resolution approving agreement with Iowa Homeland Security and Emergency
Management Division for the FFY09 Homeland Security Grant Program in the amount
of $194,194.00, and authorize Mayor and Chief of Police to execute same", be
adopted. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-596.
134842 - Schmitt/Cole
that "Resolution approving Amendment #3 to a grant agreement with Iowa Homeland
Security and Emergency Management Division to extend the date to December 31,
2010, and authorize Mayor and Chief of Police to execute same", be adopted.
Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-597.
134843 - Schmitt/Cole
that "Resolution approving Conditional Offer Form for the Acceptance of Purchase
Offer for 142 Greenwood Avenue, Craig Arnold Ziemer, in the amount of
$30,480.00, and authorize Mayor and City Clerk to execute same", be adopted.
Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-598.
134844 - Welper/Schmitt
that "Resolution approving Acquisition Contract with 190 Orange Avenue for the
acquisition of 300 West Mullan Avenue (Grand Hotel) in the amount of
$800,000.00, plus up to $20,000.00 in closing costs, and authorize Mayor and
City Clerk to execute same", be adopted. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-599.
July 12, 2010 Page 8
134845 Welper/Schmitt
that "Resolution approving Professional Services Agreement with Ament, Inc. in
the amount of $99,800.00 for engineering services in conjunction with storm
water improvements", be adopted. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-600.
134846 - Welper/Schmitt
that "Resolution approving Acquisition Contract with Teamsters Local Union 650
Bldg for the acquisition of 306-308 Jefferson Street in the amount of
$157,020.00, plus up to $10,000.00 in closing costs, and authorize Mayor and
City Clerk to execute same", be adopted. Ayes: .Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-601.
134847 - Getty/Cole
that "Resolution approving request from Deere & Co. to dedicate a 0.372
(16,190.4 square feet) Utility Easement upon City owned property near Black Hawk
Creek and Westfield Avenue, generally located directly to the west of John
Deere's Westfield Avenue location", be adopted. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-602.
134848 - Getty/Cole
that "Resolution approving recommendation of award of contract in the amount of
$708,800.00 to Story Construction Co. of Ames, Iowa in conjunction with F.Y.
2010 E. Sixth Street Storm Pump Station Improvements, Contract No. 716", be
adopted. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-604.
134849 - Getty/Cole
that "Resolution approving Contracts, Bonds and Certificates of Insurance in the
amount of $708,800.00 with Story Construction Co. of Ames, Iowa in conjunction
with F.Y. 2010 E. Sixth Street Storm Pump Station Improvements, Contract No.
716", be adopted. Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-605.
134851 - Schmitt/Welper
that "Resolution approving recommendation of award of contract in the amount of
$72,695.00 to Tideflex Technologies of Carnegie, Pennsylvania in conjunction
with F.Y. 2010 Dry Run Arch Valve Purchase, Contract No. 793", be adopted.
Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-606.
134852 - Schmitt/Welper
that "Resolution approving request from AECOM to transfer approximatly $3,100.00
of unused funds from Subconsultant RDG to Earth Tech (now known as AECOM) for
costs in conjunction with 18th Street Bridge Replacement and Approach Roadway -
Commercial Street to Sycamore Street, and authorize Mayor to execute any
necessary documents", be adopted. Ayes: Five. Nay: One (Jones) Absent: Hart.
Councilperson Jones, how did this $3,100.00 come to be.
Eric Thorson, City Engineer, this goes back to a project we did on the
replacement of the 18th Street bridge and the approach. Actually, the whole work
we did there on 18th Street a quite a number of years ago. At that time the
contract had not to exceed figure. They actually went over that with some of
their man hours and did some additional work for that project. They asked to be
compensated for that. We said no you have gone over your maximum. But we will
entertain this request again when the final audit is done and if there is
funding available based on the auditors findings then we would. That is what
they have done. The audit is nearly complete after almost 5 years and there is
some additional money left in that not to exceed amounts so that they could be
compensated for this work that they did. And this is just to authorize the
mayor to sign it so that we could make that happen for them.
Mayor Clark, so the $3,100.00 is the amount they requested or the amount they
went over?
• •
• •
July 12, 2010
Mr. Thorson, that is the amount that they were requesting.
Mayor Clark, is there more left in the audit over and above the $3,100.00?
Mr. Thorson, not much if any. There is some other additional requests that they
made for $8,000.00 but there is no room to make that for the man hours.
Councilperson Jones, so was the original agreement to do it for a certain amount
and they've gone over?
Page 9
Mr. Thorson, actually this is such a large design the contractor had a number of
subconsultants. And AECOMs portion went over their allotted amount. One of the
subconsultants portion went under their allotted amount of those maximums. And
that's where the funding is coming from. There was available within the total
maximum amount available. Its just kind of shifting it within the contract so
that they are compensated for what they did because a subconsultant did less and
it was originally thought was necessary.
Mayor Clark, so the original contract AECOM went over and requested to be paid
for that overage and we denied it.
Mr. Thorson, more or less. We said we were going to pay the maximum amount and
they agreed with that. But we did say that if the auditor showed that they
could be compensated for that in the future we would try to do that.
Mayor Clark, and we made a decision with that overage from the audit that we
would reimburse AECOM for those overages. I mean we could have just as easily
said no, forget it, we are going to keep the money but we decided to pay them
since there was a legitimate overage and money left over.
Resolution adopted and upon approval by Mayor assigned No. 2010-607.
ORDINANCES
134853 - Cole/Welper
that "an Ordinance amending the 2008 Traffic Code of the City of Waterloo, Iowa
by repealing Subsection (91) Prospect Blvd. of Section 553, No Parking Here to
Corner, and enacting in lieu thereof a new Subsection (91) Prospect Blvd. To
Section 553, No Parking Here to Corner (install No Parking Here to Corner
approximately 50 feet in a northerly direction on the east side of the 1400
block of Prospect Boulevard)", be received, placed on file, considered and
passed for the second time. Ayes: Six. Absent: Hart. Motion carried.
134854 - Cole/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Hart. Motion carried.
134855 - Cole/Welper
that "an Ordinance amending the 2008 Traffic Code of the City of Waterloo, Iowa
by repealing Subsection (91) Prospect Blvd. of Section 553, No Parking Here to
Corner, and enacting in lieu thereof a new Subsection (91) Prospect Blvd. To
Section 553, No Parking Here to Corner (install No Parking Here to Corner
approximately 50 feet in a northerly direction on the east side of the 1400
block of Prospect Boulevard)", be considered and passed for the third time and
adopted. Ayes: Six. Absent: Hart.
Ordinance adopted and upon approval by Mayor assigned No. 4998.
134856 - Cole/Welper
that "an Ordinance amending the 2008 Traffic Code of the City of Waterloo, Iowa
by repealing Subsection (32) Broadway Street and Edwards Street of Section 540,
Obedience of Official Traffic -Control Devices, (removal of traffic signals at
the intersection of Broadway Street and Edwards Street)", be received, placed on
file, considered and passed for the second time. Ayes: Six. Absent: Hart.
Motion carried.
134857 - Cole/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Hart. Motion carried.
134858 - Cole/Welper
that "an Ordinance amending the 2008 Traffic Code of the City of Waterloo, Iowa
by repealing Subsection (32) Broadway Street and Edwards Street of Section 540,
July 12, 2010 Page 10
Obedience of Official Traffic -Control Devices, (removal of traffic signals at
the intersection of Broadway Street and Edwards Street)", be considered and
passed for the third time and adopted. Ayes: Six. Absent: Hart.
Ordinance adopted and upon approval by Mayor assigned No. 4999.
134859 - Greenwood/Schmitt
that "an Ordinance amending the 2008 Traffic Code of the City of Waterloo, Iowa
by repealing Section 353 and amending Section 343 to read as follows: It is
hereby established that the fees for cash patrons for all parking ramps shall be
set by Resolution of the City Council", be received, placed on file, considered
and passed for the second time. Ayes: Six. Absent: Hart. Motion carried.
134860 - Greenwood/Cole
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended.
Councilperson Schmitt, I am going to vote no on this motion and I just wanted to
mention that on 19 and 20 I did vote to suspend the rules and pass for the third
time because I did have conversations with some of the folks. Number 19 that is
a safety issue there and 20 is kind of a cleanup of something from a previous
school. But on item 21 I had conversations even again today about that parking
issue and I think that part of the purpose of these three readings is to give
the citizens time to understand what it is we are doing and to make their
thoughts and feelings know. And I think that when we waived these readings that
we are not doing business the way we should be doing it. So I am going to vote
no to suspend the rules on number 21.
Mayor Clark, you understand Mr. Schmitt that we are not changing the fees with
that. All we are doing is saying that we are adopting a resolution so the
council can set the fees. It's a procedural ordinance. I mean we are not
setting fees but if that's the way you feel I certainly support that.
Councilperson Schmitt, I think just having that discussion about parking in
downtown Waterloo in general I think its generated by this and so that's why I
am voting no.
Ayes: Five. Nay: One (Schmitt). Absent: Hart. Motion failed.
OTHER COUNCIL BUSINESS
134863 - Cole/Welper
that arbitrage test results for the bonds issued in June 2005, be received and
placed on file. Ayes: Six. Absent: Hart. Motion carried.
134864 - Getty/Cole
that "Resolution setting date of hearing as July 19, 2010 to approve the
reallocation of $15,000.00 of Series 2008A bond funds from Traffic Signals
projects to be used to replace an emergency warning siren that was struck by
lightning", be adopted and City Clerk instructed to publish notice of same.
Ayes: Six. Absent: Hart.
Councilperson Greenwood, which siren got hit?
Mayor Clark, the one by Cedar Terrace, South La Porte Road. Lightening hit it
and completely blew it.
Resolution adopted and upon approval by Mayor assigned No. 2010-609.
134865 - Schmitt/Greenwood
to instruct Building Official/Maintenance Administrator to prepare plans,
specifications, form of contract, etc. in conjunction with Window Replacement -
Waterloo Fire Stations 1, 3, 4 & 6, be received, placed on file and approved.
Ayes: Six. Absent: Hart. Motion carried.
134866 - Schmitt/Greenwood
that plans, specifications, form of contract, etc. in conjunction with Window
Replacement - Waterloo Fire Stations 1, 3, 4 & 6, be received and placed on
file. Ayes: Six. Absent: Hart. Motion carried.
• •
July 12, 2010 Page 11
134867 - Schmitt/Greenwood
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with the above described project", be adopted.
Ayes: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-610.
134868 - Schmitt/Greenwood
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. as August 9, 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: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-611.
134869 - Getty/Schmitt
to instruct Superintendent of Central Garage to prepare specifications, bid
document, etc. in conjunction with Purchase of One (1) 2011 Automated Side -
Loading Garbage Truck, be received, placed on file and approved. Ayes: Six.
Absent: Hart. Motion carried.
134870 - Getty/Schmitt
that specifications, bid document, etc. in conjunction with Purchase of One (1)
2011 Automated Side -Loading Garbage Truck, be received and placed on file.
Ayes: Six. Absent: Hart. Motion carried.
134871 - Getty/Schmitt
that "Resolution preliminarily approving specifications, bid document, etc. in
conjunction with the above described purchase", be adopted. Ayes: Six. Absent:
Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-612.
134872 - Getty/Schmitt
that "Resolution setting date of hearing on specifications, bid document, etc.
as August 2, 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: Six. Absent: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2010-613.
ORAL PRESENTATIONS
Jeff Kettman, I live at the corner of Reber Avenue and Drexel Avenue. About 4 4
years ago I got into the Waterloo Housing program that gives individuals a
chance to purchase a house for those that maybe couldn't purchase one at the
time with funds. And ever since then my drain and the drain across at my
neighbors, every time we get rain I have to call the city and have them pump it
out. Which they get there within a couple of hours which is nice. But this
time I had one of those balls in my drainage that stops pressure. And when the
new car wash backed up this past Wednesday everything went down Highway 63
intersection. And at the intersection of Highway 63 and Fletcher Avenue all of
the garbage cans were lined up in the ditch. And they were inside the culvert
blocking water to go through. Which there aren't any covers on the drain,
culverts and all. So everything backed up in my basement. Which was covered
with mud and I had about 15 inches of water. Last night I replaced my hot water
heater and today I had Fereday's come out and check my air conditioner and my
furnace. And I had the ball replaced, I had to get a dumpster put out. And I
just want to, and inside the culvert my drain lined with bricks. A lot of the
bricks are getting away filled with sand. And inside my drain I had sand at the
bottom covered with mud. We had all of that pumped out and got everything
fixed. And I just wondered if there is anything that can be done or studies
done on that intersection? And on Fletcher Avenue and Highway 63 if those
culverts could possibly have covers put on them to prevent this from happening
in the future?
Mayor Clark, are you talking about the intake of that? To put a screen or
something?
Mr. Kettman, yes. Garbage cans were kind of stuck in there and no water was
able to flow. I got called at work and brought to my attention that I should
quickly get home. And I knew right when I saw it.
July 12, 2010 Page 12
Mayor Clark, absolutely we can take a look at that Mr. Kettman. Unfortunately,
we had a rain event last Wednesday that was beyond the 500 year flash flood
event. And we had things that happened that nobody could have foreseen. But
absolutely that's something we can take a look at. And there's lots of long
term plans that I have to address several of the issues. But in case you didn't
know it and for anybody that's watching either on our cable access channel or I
see that our local television station is here tonight. The governor has
declared a disaster area for Black Hawk County. There are funds available up to
$5,000.00 depending on the amount of damage that you have that might help you
replace the items that you just mentioned. There are several phone numbers that
are available to access that and I would encourage you to check it out to see.
Mr. Kettman, I have done that.
Mayor Clark, did you. So hopefully that will cover you.
Mr. Kettman, I did call them and I made too much to actually qualify for that.
Mayor Clark, on the other hand as far as us looking into that. The kind of
things that you are saying right now are things that I really appreciate and I'm
sure that the council and Board appreciate because there are things that maybe
we haven't thought about in the past that might help us prevent some of these
issues in the future. Unfortunately, when you have an event like we had I think
we are kind of limited. But those kinds of things are things we can certainly
look into that might help eliminate and mitigate things in the future. I
appreciate you showing up.
134873 - Cole/Welper
that the above oral comments be received and placed on file. Ayes: Six.
Absent: Hart. Motion carried.
ADJOURNMENT
134874 - Welper/Cole
that the Council adjourn at 6:26 p.m. Ayes: Six. Absent: Hart. Motion
carried.
Suz chares
City Clerk
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