HomeMy WebLinkAboutMinutes-03/22/2010March 22, 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, March 22, 2010. Mayor Ernest G. Clark
in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Welper, Hart. Absent: Schmitt.
Moment of Silence.
Pledge of Allegiance: Ron Welper, Councilperson.
130761 - Hart/Greenwood
that the Agenda, as amended by adding the Black Hawk County solid waste
Management presentation on Free Household Hazardous Materials Drop-off events,
deleting item 1b3 and 1b10, changing item 7 to $400,000.00 rather than
$933,213.00, and changing the date of hearing for #14 from April 12th to April 5,
2010. for the Regular Session on Monday, March 22, 2010, at 5:30 p.m., be
accepted and approved. Ayes: Six. Absent: Schmitt. Motion carried.
130762 - Hart/Greenwood
that the Minutes, as proposed, for the Regular Session on Monday, March 15,
2010, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Schmitt.
Motion carried.
Mike Messina, Mid American Energy, presented a check in the amount of $20,000.00
from MidAmerican Energy for the Trees Please! Program. He announced that the
Plant Some Shade program will be held on April 29, 2010 at Waterloo Leisure
Services.
Paul Huting, Leisure Services Director, thanked Mid American Energy for their
ongoing support. Leisure Services will be planting trees at the new dog park,
Tibbet's Park, Kingbard Boulevard, Cedar River Exchange Park, and Byrnes Park.
Tammy Turner, Black Hawk County Solid Waste Management Commission, announced The
Solid Waste Commission is sponsoring two free household hazardous materials
drop-off events for Black Hawk County residence. The first will be in Waterloo
on April 10th at the Waste Water Treatment plant. The second event will be this
fall at Cedar Falls Utilities on September 25, 2010. Additional information is
on the City's website.
CONSENT AGENDA
130763 - Hart/Greenwood
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. 1-66, dated March 22, 2010, in
the amount of $1,658,910.87, 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. 2010-213.
2. Resolution approving request of VFW Post 138 to hold annual Poppy Sale on
May 21-22, 2010 at Hy -Vee Stores located on University, Logan, Crossroads
and Byron, Fareway, Wal-Mart, K -Mart on University Avenue and Farmers
Market.
Resolution adopted and upon approval by Mayor assigned No. 2010-214.
3. Resolution approving Acknowledgment/Settlement Agreement in the amount of
$1,500.00 with Metro Mart 4 of 2332 Falls Avenue, for sale of tobacco,
tobacco products or cigarettes to persons under 18 years of age.
Resolution adopted and upon approval by Mayor assigned No. 2010-215.
4. Resolution approving Acknowledgment/Settlement Agreement in the amount of
$1,500.00 with Elite Liquor of 1309 Lafayette Street, for sale of tobacco,
tobacco products or cigarettes to persons under 18 years of age.
Resolution adopted and upon approval by Mayor assigned No. 2010-216.
March 22, 2010 Page 2
Consent Agenda continued
5. Resolution approving request of Bruce Stiles to burn 20 acres of prairie
grass located on the north side of Big Rock Road, a mile West of Highway
63 from March 25, 2010 to April 30, 2010, together with recommendation of
approval of the Fire Chief.
Resolution adopted and upon approval by Mayor assigned No. 2010-217.
b. Motion to approve the following:
1. Beer License Permit Application
Class B
Hawkeye Chapter American Red Cross, 2814 Livingston Lane (New) (5 day
license - 4/20-25/2010)
Gates Park Golf Shop, 820 E. Donald Street (New) (4/1/2011) (Includes
Sunday Sales)
South Hills Golf Course, 1830 E. Shaulis Road (Renewal) (3/31/2011)
(Includes Sunday Sales)
2. Beer License Permit Application
Class C
Cork's Grocery, 1956 Lafayette Road (Renewal) (4/30/2011) (Includes Sunday
Sales)
Michoacana Meat Market, 1215 Franklin Street (Renewal) (4/26/2011)
(Includes Sunday Sales)
Hy -Vee Food Store #1, 306 Byron Avenue (Renewal) (3/23/2011) (Includes
Sunday Sales)
Casey's General Store #2879, 3260 University Avenue (New) (4/19/2011)
(Includes Sunday Sales)
Casey's General Store #2880, 1604 LaPorte Road (New) (4/19/2011) (Includes
Sunday Sales)
3. Liquor License Permit Application
Class C
J's R & B Lounge, 501 Independence Avenue (Renewal) (4/6/2011) (Includes
Sunday Sales)
Cafe Bar 10, 1108 Jefferson Street (Renewal) (3/26/2011) (Includes Sunday
Sales)
4. Liquor License Permit Application
Class E
Hy -Vee Food Store #1, 306 Byron Avenue (Renewal) (03/23/2011) (Includes
Sunday Sales)
5. Wine License Permit Application
Class B
Hy -Vee Food Store #1, 306 Byron Avenue (Renewal) (03/23/2011) (Includes
Sunday Sales)
6. Native Wine License Permit Application
Class B
Casey's General Store #2879, 3260 University Avenue (New) (4/19/2011)
(Includes Sunday Sales)
Casey's General Store #2880, 1604 LaPorte Road (New) (4/19/2011) (Includes
Sunday Sales)
7. Cigarette Permit Application
Casey's General Store #2880, 1604 Laporte Road
Casey's General Store #2879, 3260 University Avenue
8. Solicitation Application
Billie Jo Oldakowski, 182 River Road (for Barrett Family Benefit)
9. Pool/Billiard License Application
Club Fever, 313 W. 5th Street
10. Outdoor Service Area Application
Gates Park Golf Shop, 820 E. Donald Street
South Hills Golf Course, 1830 E. Shaulis Road
11. Bonds
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March 22, 2010 Page 3
Consent Agenda continued
c. Motion to receive and file the following:
1. Communication from Iowa Department of Transportation transmitting
notification that the DOT let a Portland Cement Concrete (PCC) patching
project on I-380 from I-80 north to U.S. 218 in Waterloo on March 16,
2010.
Ayes: Six. Absent: Schmitt. Motion carried.
RESOLUTIONS
130764 - Greenwood/Welper
that "Resolution approving Grant Agreements for the Economic Development
Improvements (EDI) Special Project in the amount of $380,000.00 used for
demolition and redevelopment of a blighted area (Chamberlain Site) and
authorizing Community Development Coordinator to sign the agreements on behalf
of the City of Waterloo", be received, placed on file and adopted. Ayes: Six.
Absent: Schmitt. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-218.
130765 - Greenwood/Welper
that "Resolution approving Rental Fees and Policies for the Cedar River Boat
House, as recommended by the Leisure Services Commission", be received, placed
on file and adopted. Ayes: Six. Absent: Schmitt. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-219.
130766 - Greenwood/Welper
that "Resolution approving Notice of Discontinuation from NPDES Coverage Under
General Permit 2 to the Iowa Department of Natural Resources in conjunction with
F.Y. 2008 Riverview Recreational Trail, Contract No. 726", be received, placed
on file and adopted and Mayor authorized to execute same. Ayes: Six. Absent:
Schmitt. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-220.
130767 - Getty/Welper
that "Resolution approving the award of bid to Iowa Bridge & Culvert, LC of
Washington, Iowa in the amount of $114,500.00 in conjunction with F.Y. 2010
Cedar Prairie Trail Bridge Repairs, Contract No. 764", be received, placed on
file and adopted. Ayes: Six. Absent: Schmitt. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-221.
130768 - Getty/Welper
that "Resolution approving Excavation Repair Charges effective April 1, 2010",
be received, placed on file and adopted. Ayes: Six. Absent: Schmitt. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-222.
130769 - Getty/Welper
that "Resolution endorsing the use of Metropolitan Enhancement Funds in the
amount of $400,000.00 for the development of a segment of the Riverfront
Renaissance Trail from East Park Avenue to East Mullan Avenue", be adopted.
Ayes: Six. Absent: Schmitt. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-223.
130770 - Hart/Welper
that "Resolution approving the Conditional Offer Form for the Acceptance of
Purchase Offer for 136 San Souci Drive, Linda S. Sharp and Marilynn K. Pierce in
the amount of $168,000.00", be received, placed on file and adopted and Mayor
and City Clerk authorized to execute same.
Prior to a vote on the above motion, the following comments were heard.
March 22, 2010 Page 4
Resolutions continued
Marilynn Pierce, owner of the property located at 136 San Souci Drive, stated
that she appreciates the ongoing support of the whole property acquisition
process related to the flood. For a variety of reasons she and Ms. Sharp chose
to appeal the decision that they were offered initially by the city on the
buyout. The $168,000.00 purchase price now approved was the offer that was
presented as a result of the appeal. While they were disappointed with that
recommendation by the committee they were more disappointed and really
discouraged related to the process employed by the committee and wanted to bring
that to the Council's attention. In their assessment, there was a lack of
integrity and equity in the decision-making by the committee members. The
details of their concerns are included in the letter from their legal counsel
that is addressed to Mayor Clark and copies should have been provided to each
one of the Council members. In regard to the appeals committee, as a public
body acting in the stead of the Council with responsibility for making decisions
about the use of public funds. They believed they had a right to expect those
decisions to be made with clarity, integrity and equity. Performance targets
that they do not feel were met in their case. They encourage the future actions
of the committee to be managed differently keeping in mind the importance of the
public trust and confidence invested in the actions of public officials. She
presented a letter to Mayor and Council and it is now on file with the City
Clerk.
Mayor Clark stated that Ms. Pierce and Ms. Sharp have Mayor and Council's
tremendous empathy and sympathy for the loss of their house and what happened to
the residents of San Souci Island. Mayor Clark stated that the letter would be
put on file and their comments will be taken into consideration in future
hearings.
Councilperson Cole stated that she is Chairman of the Flood Appeals Buyout Board
and because of the attack on the integrity, which she takes very personally, and
of the two other members of the Board who are citizens and who served on all of
this. She thinks it is incredibly important to point out the process was just
fine. She was absent from a meeting because her husband was in the intensive
care unit at Mercy Medical Center in Cedar Rapids and was told that he may not
make it through the night. She was advised, by legal counsel for the city, that
she was not to participate in the meeting at which the decision was made because
she had missed the first part. Councilperson Cole stated that the minutes can
be looked at but having sat through four or five of these now, imperative
information that take place are missed. She was appalled when she received a
copy of the letter from an attorney that was not present and that suggested
there were irregularities in the hearing process. The letter attacked a city
staff member who was sitting on the committee for being disorganized and
intimidated. The letter also discredited the third member, who is an appraiser.
Councilperson Cole stated that the letter is slanderous and is an attack on his
personal integrity and his ability to do his job. She notes that the appellants
say that they will not be pursuing further court review of the city actions at
this time and she thinks it is important to note - at this time.
Following comments a vote was taken on the above motion with the following
result. Ayes: Six. Absent: Schmitt. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-224.
130771 - Cole/Hart
that "Resolution approving 8 Contracts for the Disaster Recovery Business
Assistance Programs in the amount of $78,805.47", be received, placed on file
and adopted and Mayor authorized to execute same. Ayes: Six. Absent: Schmitt.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-225.
130772 - Cole/Hart
that "Resolution approving Purchase Agreement and acquisition of land for the
former Francis Grout School located at 330 Madison Street from Ricky Julsen in
the amount of $25,000.00 plus up to $2,000.00 in closing costs", be received,
placed on file and adopted and Mayor and City Clerk authorized to execute same.
Ayes: Six. Absent: Schmitt. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-226.
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March 22, 2010 Page 5
Resolutions continued
130773 - Cole/Hart
that "Resolution approving Development Agreement for TCH Waterloo, LLC for any
improvements to 4455 Remington Road, the former Eagle Tannery building", be
received, placed on file and adopted and Mayor and City Clerk authorized to
execute same. Ayes: Six. Absent: Schmitt. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-227.
130774 - Welper/Greenwood
that "Resolution authorizing Traffic Operations Department to apply for a Black
Hawk County Gaming Association Grant in the amount of $62,500.00 as part of the
Drive Safe Cedar Valley Traffic Safety Awareness Campaign project", be received,
placed on file and adopted. Ayes: Six. Absent: Schmitt. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-228.
130775 - Welper/Greenwood
that "Resolution setting date of hearing to approve sale and conveyance of 1,200
sq. ft. of city -owned land abutting 3900 Alexandria Drive to D & J Investments
Inc. in the amount of $4,908.00, plus costs as April 12, 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: Schmitt.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-229.
130776 - Welper/Greenwood
that "Resolution setting date of hearing to approve sale and conveyance of a
108' x 249' or 25,495 sq. ft. portion of city -owned property located at 522
Albany Street to Lola Burt for the full assessed value in the amount of
$2,649.50 minus $607.00 for survey costs as April 5, 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: Schmitt.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-230.
130777 - Hart/Welper
that "Resolution approving recommendation of award of contract in the estimated
amount of $44,000.00 for Phase I Study and $1,200.00 per monitoring activity to
The Louis Berger Group, Inc. of Marion, Iowa in conjunction with Archaeological
Services for New Construction Projects: Single -Family Homes and Northeast Iowa
Food Bank Campus", be received, placed on file and adopted. Ayes: Six. Absent:
Schmitt. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-231.
Mr. Jones asked what range of monitoring activities could be expected. Rudy
Jones, Community Development Director, reported that depending on what the
contractor finds on site, it could be going below the surface to see if there is
any activity that would not allow the project to proceed. This is a per activity
charge and typically doesn't run to or three monitoring activities. Community
Development will bring this item back if there are more than two activities.
OTHER COUNCIL BUSINESS
130778 - Hart/Welper
that Change Order No. 1 for a net increase of $6,961.25 bringing the total
project amount to $849,281.25 for work performed by Peters Construction
Corporation of Waterloo, Iowa in conjunction with 2009 Waterloo Boat House
Project, be received, placed on file and approved and Mayor authorized to
execute same. Ayes: Six. Absent: Schmitt. Motion carried.
130779 - Hart/Welper
that Change Order No. 1 for a net decrease of $6,497.82 bringing the total
project amount to $248,259.19 for work performed by Helmkamp Construction of
Iowa of Ankeny, Iowa in conjunction with F.Y. 2009 Big Rock Road Bridges
Replacement with Box Culverts, Contract No. 739, be received, placed on file and
approved and Mayor authorized to execute same. Ayes: Six. Absent: Schmitt.
Motion carried.
March 22, 2010 Page 6
Other Council Business continued
130780 - Hart/Welper
that "Resolution approving Completion of Project and Recommendation of
Acceptance of Work performed by Helmkamp Construction of Iowa of Ankeny, Iowa at
a total cost of $248,259.19 in conjunction with F.Y. 2009 Big Rock Road Bridges
Replacement with Box Culverts, Contract No. 739", be received, placed on file
and adopted and two-year Maintenance Bond be received and placed on file. Ayes:
Six. Absent: Schmitt. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-232.
130781 - Getty/Welper
to instruct Leisure Services Director to prepare bid document, specifications,
etc. in conjunction with Two (2) 2010 Infield Groomers with Attachments, be
received, placed on file and approved. Ayes: Six. Absent: Schmitt. Motion
carried.
130782 - Getty/Welper
that bid document, specifications, etc. in conjunction with Two (2) 2010 Infield
Groomers with Attachments, be received and placed on file. Ayes: Six. Absent:
Schmitt. Motion carried.
130783 - Getty/Welper
that "Resolution preliminarily approving bid document, specifications, etc. in
conjunction with the above described project", be adopted. Ayes: Six. Absent:
Schmitt. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-233.
130784 - Getty/Welper
that "Resolution setting date of hearing on bid document, specifications, etc.
and bid opening as April 12, 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: Schmitt. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-234.
130785 - Cole/Getty
to instruct Leisure Services Director to prepare bid document, specifications,
etc. in conjunction with 2010 Right of Way Mowing, be received, placed on file
and approved. Ayes: Six. Absent: Schmitt. Motion carried.
130786 - Cole/Greenwood
that bid document, specifications, etc. in conjunction with 2010 Right of Way
Mowing, be received and placed on file. Ayes: Six. Absent: Schmitt. Motion
carried.
130787 - Cole/Getty
that "Resolution preliminarily approving bid document, specifications, etc. in
conjunction with the above described project", be adopted. Ayes: Six. Absent:
Schmitt. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-235.
130788 - Cole/Getty
that "Resolution setting date of hearing on bid document, specifications, etc.
and bid opening as April 12, 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: Schmitt. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-236.
130789 - Hart/Greenwood
to instruct Community Planning & Development Director to prepare plans,
specifications, form of contract, etc. in conjunction with F.Y. 2010 Chamberlain
Demolition Phase 2, Contract No. 762, be received, placed on file and approved.
Ayes: Six. Absent: Schmitt. Motion carried.
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March 22, 2010
Other Council Business continued
130790 - Hart/Greenwood
Page 7
that plans, specifications, form of contract, etc. in conjunction with F.Y. 2010
Chamberlain Demolition Phase 2, Contract No. 762, be received and placed on
file. Ayes: Six. Absent: Schmitt. Motion carried.
130791 - Hart/Greenwood
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with the above described project", be adopted.
Ayes: Six. Absent: Schmitt. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-237.
130792 - Hart/Greenwood
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. and bid opening as April 12, 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: Schmitt. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-238.
130793 - Cole/Welper
that request from Councilperson Cole to reconsider resolution authorizing
project transfers, be received, placed on file and approved. Ayes: Six.
Absent: Schmitt. Motion carried.
130794 - Cole/Welper
that "Resolution authorizing the following project transfers: From Bond Issue
2007C Series Logan TIF to San Marnan TIF - $19,140.80; From Bond Issue 2007C
Series Martin Road TIF to San Marnan TIF - $48,071.35; From Bond Issue 2008B
Series Logan TIF to San Marnan TIF - $75,000.00; From Bond Issue 2008B Series
Martin Road TIF to San Marnan TIF - $80,000.00", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Getty asked if the 40 acre property that the city bought been paid
for.
James Walsh, City Attorney, responded that that it has been paid for.
Councilperson Getty asked how the property was paid for and from where. He
stated that the reason he was asking is that it came to the council, the motion
died because of lack of a quorum. He picked up a newspaper the next day and it
said it had been paid for and he wondered where it came from.
Mr. Walsh responded that the council had already approved purchase of the
property and it was done weeks ago without specifying where the funds came from
the City had money in a checking account, wrote the check and the transaction
closed as scheduled. The motion before you tonight is to allocate funds from
TIF and other places to get the money back into the city's general fund. The
previous transaction was scheduled to close the day after last weeks meeting and
the funds were available so they were spent per your direction from your prior
resolution.
Councilperson Getty stated that the prior resolution said that the city was
going to purchase the property.
Mayor Clark stated that the initial resolution was made to purchase the property
two to three weeks ago. There was no funding source identified at that time.
Councilperson Getty asked if the city could go ahead and pay for that property
without it being approved by the Council.
Mayor Clark stated that the Council did approve it.
Councilperson Getty asked to be shown in writing where Council did approve it
and where Council made the motion to write the check to L & H Farms for the
property.
March 22, 2010 Page 8
Other Council Business continued
Mr. Walsh stated that he does not have the record from that meeting but the
motion didn't specify where the money was going to come from. It said you are
authorized to purchase it in the specified amount and that is what the city did.
Admittedly the plan was to get the money from these funds that's before Council
now but since Council didn't approve that that couldn't happen. The city
couldn't get the money out of those funds and the money was taken out of the
city's general checking account to close per the contract that had been signed
since the Council had approved the transaction.
Following comments a vote was taken on the above motion with the following
result. Ayes: Four. Nays: Getty, Hart. Absent: Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2010-206.
ORAL PRESENTATIONS
None.
ADJOURNMENT
130795 - Hart/Greenwood
that the Council adjourn at 6:04 p.m. Ayes: Six. Absent: Schmitt. Motion
carried.
Suzy Schares
City Clerk
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