HomeMy WebLinkAboutMinutes-05/17/2010• •
May 17, 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, May 17, 2010. Mayor Ernest G. Clark
in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Daniel Trelka, Police Chief.
131048 - Hart/Schmitt
that the Agenda, as amended by adding a presentation of "We Are In This
Together" video, adding a resolution approving contracts, bonds, etc as item 7a
and adding the same for item 10a, and deleting item 13, for the Regular Session
on Monday, May 17, 2010, at 5:30 p.m., be accepted and approved. Ayes: Seven.
Motion carried.
131049 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, May 10, 2010,
at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
Presentation of "We Are In This Together" video written and produced by Jeannine
Ambrose of Waterloo, Iowa.
CONSENT AGENDA
131050 - Hart/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. 1-75, dated May 17, 2010, in the amount of
$885,517.27, 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. 2010-367.
2. Request of Christa Miehe of VGM for use of the parking lot at West 4th
Street and Commercial, June 1st through June 14, 2010, by VGM for their
Heartland Home for Independent Living Display.
Resolution adopted and upon approval by Mayor assigned No. 2010-368.
b. Motion to approve the following:
1.
2.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to exceed
Officer Joseph
Saunders
2010 Outlaw
Motorcycle Gang
Investigators
Association
conference
San Diego,
California
September
11-18,
2010
$1,755.00
Rich Warren &
Allynn Howe -
Consultants for
Government
Relations
Travel to
Waterloo for
the application
of projects for
potential
federal funding
Waterloo,
Iowa
February
3-4, 2010
$1,451.00
3. 2010 COOL 105.7 4th Street Cruise event scheduled for Saturday, May 29,
2010 in downtown Waterloo, 12:00 noon -4:00 p.m.
Submitted by Daniel J. Trelka, Chief of Police
4. My Waterloo Days event scheduled for June 3-6, 2010.
Submitted by Daniel J. Trelka, Chief of Police
5. Motion -to approve and place on file re -appointment of Edward N. Hutchens
and Larry Herzog to the Waterloo Cable TV Commission, with term expiration
date of December 31, 2012.
Submitted by Mayor Buck Clark
May 17, 2010 Page 2
6. Motion -to approve and place on file appointments to the Planning,
Programming and Zoning Commission: Reggie Schmitt, Dave Leonhart and
Dustin Whitehead, with term expiration date of May 16, 2013; and re-
appointment of Steve Grimm, with term expiration date of March 21, 2011.
Submitted by Mayor Buck Clark
c. Beer License Permit Application
Class C
Liquor & Tobacco Outlet, 515 Broadway (Renewal) (May 31, 2011) (Includes
Sunday Sales)
Metro 66 (#1), 3201 W. 4th Street (Renewal) (June 30, 2011) (Includes
Sunday Sales)
d. Beer License Permit Application
Class B
Godfather's Pizza, 3811 University Ave. (Renewal) (April 30, 2011)
(Includes Sunday Sales)
Lost Island Waterpark Inc., 2225 E. Shaulis Road (New 6 month license)
(May 1, 2010 - November 1, 2010) (Includes Sunday Sales)
e. Liquor License Permit Application
Class B
Amvets Home, Inc., 32 Lafayette Road (Renewal) (May 13, 2011) (Includes
Sunday Sales)
f. Liquor License Permit Application
Class B
Ramada Inn, 205 W. 4th Street (Renewal) (April 30, 2011) (Includes Sunday
Sales)
g.
Liquor License Permit Application
Class C
Golden China Restaurant, 2046 E. Ridgeway Ave. (Renewal) (May 4, 2011)
(Includes Sunday Sales)
Southtown Lounge, 2026 Bopp Street (Renewal) (June 7, 2011) (Includes
Sunday Sales and Catering Privilege)
Diamond Daves Crossroads, 124 Crossroads Blvd space 165 (Renewal) (May 14,
2011) (Includes Sunday Sales)
Times Sports Bar & Grill, 213 E. 5th Street (Renewal) (May 12, 2011)
(Includes Sunday Sales)
Flirts' Gentlemen's Club, 319 Jefferson Street (Renewal) (April 30, 2011)
(Includes Sunday Sales)
Barneys, 501 W. 4th Street, (Renewal) (May 13, 2011) Includes Sunday Sales)
h. Liquor License Permit Application
Class E
Liquor & Tobacco Outlet, 515 Broadway (Renewal) (May 31, 2011)
i. Wine License Permit Application
Class B
Liquor & Tobacco Outlet, 515 Broadway (Renewal) (May 31, 2011)
j. Outdoor Service Area Application
Lost Island Waterpark Inc., 2225 E. Shaulis Road (New 6 month license)
(May 1, 2010 - November 1, 2010)
Amvets Home, Inc., 32 Lafayette Road (Renewal) (May 13, 2011)
k. Vehicle for Hire Business License Application
Yellow Cab Inc., 110 W. 14th St., Waterloo Iowa 50702
1. Pawnbrokers License Application
Walden Pawn, 223 West 4th Street
Levi Brothers Jewelers, 306 E. 4th Street
Mister Money USA, 920 LaPorte Road
Money and More!, 1516 LaPorte Road
m. Bonds
Ayes: Seven. Motion carried. Ms. Cole abstained on item la2 as this is her
employer.
Mayor Clark acknowledged the appointments to the boards and commissions in
attendance.
PUBLIC HEARINGS
131051 - Schmitt/Welper
• •
May 17, 2010 Page 3
that proof of publication of notice of public hearing on F.Y. 2010 Removal and,
Replacement of the Aeration Equipment at the Satellite and Easton Avenue Water
Pollution Control Facilities, Contract No. 788, as published in the Waterloo
Courier on April 29, 2010, be received and placed on file. Ayes: Seven.
Motion carried.
131052 - 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: Seven. Motion carried.
131053 - Schmitt/Welper
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with F.Y. 2010 Removal and Replacement of the Aeration
Equipment at the Satellite and Easton Avenue Water Pollution Control Facilities,
Contract No. 788", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-369.
131054 —Schmitt/Welper
that "Resolution ordering construction in conjunction with above said project",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-370.
131055 - Schmitt/Welper
to receive, file and instruct City Clerk to open bids and refer
Superintendent of Waste Management for review:
Bidder
Bid Bond
Bid Amount
KEHE Construction Company
Waverly IA
5%
$626,550.00
Staab Construction Corporation
Marshfield WI
5%
$583,000.00
Story Construction Co
Ames IA
5%
$542,500.00
Robert Hauptly Construction Co.
Waterloo$540,000.00
IA
$27,000.0
0
Ayes: Seven. Motion carried.
131056 - Welper/Schmitt
that proof of publication of notice of public hearing on Hazard Mitigation Plan,
as published in the Waterloo Courier on May 12, 2010, be received and placed on
file. Ayes: Seven. Motion carried.
131057 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Welper/Schmitt
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Seven. Motion carried.
131058 - Welper/Schmitt
that "Resolution adopting said Hazard Mitigation Plan", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-371.
131059 - Getty/Schmitt
that proof of publication of notice of public hearing on sale and conveyance of
3,480 square feet of city -owned property to James G. Barker for $1,000.00
May 17, 2010 Page 4
generally located at 1326 Mulberry Street, as published in the Waterloo Courier
on May 13, 2010, be received and placed on file. Ayes: Seven. Motion carried.
131060 - This being the time and place of public hearing, the Mayor called for written
and oral .objections and there were none.
Getty/Schmitt
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Seven. Motion carried.
131061 - Getty/Schmitt
that "Resolution authorizing said sale and conveyance", be adopted and City
Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-372.
131062 - Greenwood/Schmitt
that proof of publication of notice of public hearing on Development Agreement
by and between CJE Properties and the City of Waterloo to acquire and move six
(6) homes in the Hwy 63 project and to sell and convey seven (7) city owned lots
for the placement of the six homes for $1.00 each, as published in the Waterloo
Courier on May 13, 2010, be received and placed on file. Ayes: Seven. Motion
carried.
131063 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Councilperson Getty restated that it says that the city is going to sell six
homes and put them on seven lots. He asked if one of the homes is going to have
two lots and asked if that is where the odd lot comes from. Mayor Clark
responded that is correct.
Greenwood/Schmitt
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Seven. Motion carried.
131064 - Greenwood/Schmitt
that "Resolution authorizing said development agreement for sale and
conveyance", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-373.
RESOLUTIONS
131065 - Hart/Cole
that "Resolution approving continuation of an agreement with Medical Director
Dr. Lenard Kerr", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-374.
131066 - Hart/Cole
that "Resolution approving award of bid to Service Roofing Company of Waterloo,
Iowa in the amount of $71,842.00 for the Waste Management Services Building
Administration Roof Improvements", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-375.
131067 - Hart/Cole
that "Resolution approving Contracts, Bonds and Certificates of Insurance to
Service Roofing Company of Waterloo, Iowa in the amount of $71,842.00 in
conjunction with Waste Management Services Building Administration Roof
Improvements", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-376.
131068 - Cole/Hart
that "Resolution approving an agreement with Wayne Claassen Engineering &
Surveying, Inc. of Waterloo, Iowa for services for 2010 Cedar River Boating
Center Parking Lot and Site Improvements in the amount of $25,000.00", be
adopted. Ayes: Seven.
41 •
• •
May 17, 2010
Page 5
Paul Huting, Leisure Services Director, this is an agreement for up to
$25,000 00 that the city anticipates most of it will be spent for engineering
services to come up with a preliminary design and drawings so the city can
acquire grants to try to fund the improvement of the are around the boat house.
As everyone knows the boathouse is under construction now and this is the area
to include design for riverwalls, docking, landscaping, walkways and lighting to
match the River Renaissance. The general idea comes to two important things:
the driveway in and the parking lot that are major issues. The money will be
used for engineering in the area to a point where the city can have confidence
of what the cost estimate is and some nice drawings so the city can effectively
give presentations and so forth for various grant sources.
Resolution adopted and upon approval by Mayor assigned No. 2010-377.
131069 - Cole/Hart
that "Resolution approving Acceptance of Purchase Offers for 149 Greenwood
Avenue, Anacapa Associates, LLC, in the amount of $35,496.00 as part of the
Hazard Mitigation Grant Program (HMGP) Property Acquisition Project", be
adopted. Ayes: Six. Nays: One (Jones).
Councilperson Jones stated that this is a limited liability corporation that the
city is participating in for the Hazard Mitigation Grant Program. This
corporation purchased the property in 2006 for $16,000.00 so there is a profit
margin there that they are taking off of this grant program. Noel Anderson,
Community Planning & Development Director, stated that this is the FEMA funded
program for the buyout of the floodway properties in the City of Waterloo. As
part of that administrative plan staff had to quickly put together and treat all
the properties exactly the same as though after evaluating the assessed values
of the properties as well as some of the appraisals that staff received while
working up the administrative plan. The plan was approved through council going
up to 120 percent of the assessed value of 2008. Again the city had to treat
all of the properties exactly the same and staff did not go through and evaluate
which ones staff thought were worth more or less based on purchase prices. This
amount is at the 120 percent of the assessed value of 2008. There were no
differences in property owners or ownership.
Resolution adopted and upon approval by Mayor assigned No. 2010-378.
131070 - Cole/Hart
that "Resolution approving FY 2010 Phase 2 Demolition Contract with Active
Thermal Concepts of Hiawatha, Iowa, in the amount of $547,427.00 for the
demolition of the former Chamberlain Manufacturing Property at 550 Esther
Street", be adopted. Ayes: Seven.
Councilperson Hart reported that there was public meeting regarding the status
of this project. Of the many questions that were asked during that meeting
there was a question regarding when the remainder of the building will be
demolished. Councilperson Hart stated that this money would be going towards
bringing down the rest of the buildings at the Chamberlain Manufacturing site.
Councilperson Jones stated that it is his understanding that the rest of the
buildings will be demolished but the foundations will be left. Mayor Clark
stated that was correct. Councilperson Greenwood asked if the cap would stay on
the ground permanently. Mayor Clark stated that the city has had business with
the EPA recently and they are working in trying to determine exactly where the
city is going to mitigate the contamination. Councilperson Hart stated that the
best use for the facility and what types of resources it will take to make those
things happen. Councilperson Getty asked if there would be any buildings left
at all. Mayor Clark stated that there would be no buildings left at the site.
Noel Anderson, Community Planning and Development Director, stated that is
correct and the drawing that was given to council shows what is being
demolished. There is a building that will remain on the far eastern side
because it is used for environmental testing otherwise all of the other
buildings will be taken down. Councilperson Getty asked if the office building
and so forth would also be demolished. Mr. Anderson responded that those
buildings would be taken down.
Resolution adopted and upon approval by Mayor assigned No. 2010-379.
131071 - Getty/Hart
that "Resolution approving Contracts, Bonds and Certificates of Insurance to FY
2010 Phase 2 Demolition Contract with Active Thermal Concepts of Hiawatha, Iowa,
in the amount of $547,427.00 in conjunction with the demolition of the former
Chamberlain Manufacturing Property at 550 Esther Street", be adopted. Ayes:
Seven.
May 17, 2010 Page 6
Resolution adopted and upon approval by Mayor assigned No. 2010-380.
131072 - Getty/Hart
that "Resolution accepting bid and approving an agreement with B&B Lawn Care
Inc. for 2010 Mowing Contract for Virden Creek Waterway in the amount of $200.00
per acre", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-381.
131073 - Getty/Hart
that "Resolution accepting the Firefighters Assistance Grant award for
operations and safety in the amount of $124,266.00", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-382.
131074 - Hart/Schmitt
that "Resolution approving Service Agreement between the State of Iowa,
Retirement Investors' Club and the City of Waterloo for the purpose of providing
the State's Retirement Investors' Club (RIC) deferred compensation plan to the
City of Waterloo's eligible employees for an annual service fee of $500.00 and
rescinding Resolution 2005-1040", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-383.
131075 - Hart/Schmitt
that "Resolution approving Intent to sell a portion of vacated Elm Street
abutting the Fortunes Tap site to Operation Threshold with necessary easements
for $1.00 plus costs, if Operation Threshold purchases the Fortunes Tap site at
328 Elm Street", be adopted. Ayes: Seven.
Ken Kolthoff, Assistant Director of Department of Correctional Services, in
August of 2009 the First District requested a development agreement with the
City of Waterloo to purchase a portion of land in this specific area. The offer
was to build the new residential correctional facility there. An offer of
$100,000.00 was given to purchase the needed land to accommodate the project.
We are certainly very excited to be an anchor to agencies that is going to start
the new Human Services Campus. Concerning the purchase of Fortunes Tap there
has been continual communication since that time with the city. They expressed
a desire to see what could be done in terms of getting that site purchased and
acquiring the property to expand some of their project. The clock continued to
tick and there came a point where they needed to move forward with their
project. Their plans currently for a portion of Elm Street is to turn it into a
staff parking lot and also an area where truck traffic can be moved through for
deliveries, etc. As part of that plan the remaining piece of Elm Street that is
on the agenda will be an access point for their site. The concern that they
have in terms of truck traffic through there is what ever happens to that
portion of Elm Street will need to be constructed in such a manner that will be
able to carry the additional load of truck traffic. If the concrete is torn up
and what is replaced there will have to accommodate the truck traffic. And not
to put them in a situation where it would require them to acquire an additional
parking lot. He requested that the Department of Correctional Services be given
consideration in terms of owning that portion of Elm Street and maintaining it.
They have no issues with having easements to allow Operation Threshold to their
additional parking. At the very least they request some additional time and
were just given notice of this last week and would like to explore exactly what
is going to happen with the project. Noel Anderson, Community Planning &
Development Director, referred to a map of the development site. When the Human
Services Campus started to be put together with the three agencies working to be
at the site Fortunes Tap was to remain. At the Planning & Zoning Commission and
subsequent Council meetings the owner of Fortunes Tap requested to be purchased.
Staff began discussions with him and with the agencies about how that would work
out for the overall layout of the campus. The city previously vacated a portion
of Elm Street for the Department of Corrections facility. Mr. Anderson referred
to the map. At this time Operation Threshold is moving forward with the
purchase of Fortunes Tap and asked for the City Council to adopt a resolution of
intent to sell them that portion of Elm Street so that they can move forward
with that purchase knowing that the city intends to sell them the Elm Street
portion adjoining that. The council will have to formally set a hearing to sell
the property with a legal description and the necessary easements that would go
with that. In the standard vacate process and sell and conveyance process the
city staff tries to look at how the sale of city property impacts other
developments. It was the recommendation of staff in the council letter that
would adopt the permanent easement over a portion of Elm Street to be sold with
Fortunes Tap because of the impact to the Department of Corrections and the
access from that standpoint. Mayor states that council could adopt the
• •
May 17, 2010
Page 7
resolution as is or amend it. Mr. Anderson stated that council could adopt a
resolution with the intent to sell because staff would like to have both parties
come in to show the layouts of the land to be purchased and where the permanent
easements would be laid out.
Resolution adopted and upon approval by Mayor assigned No. 2010-384.
OTHER COUNCIL BUSINESS
131076 - Cole/Hart
to instruct Chief of Police to prepare plans, specifications, form of contract,
etc. in conjunction with the Purchase of Uniform and Equipment for the Police
Department, be received, placed on file and approved. Ayes: Seven. Motion
carried.
131077 - Cole/Hart
that plans, specifications, form of contract, etc. in conjunction with the
Purchase of Uniform and Equipment for the Police Department, be received and
placed on file. Ayes: Seven. Motion carried.
131078 - Cole/Hart
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with the above described purchase", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-385.
131079 - Cole/Hart
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. and bid opening as June 7, 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: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-386.
ORAL PRESENTATIONS
Councilperson Getty asked how to address a water leak in the City of Waterloo.
If a home or business water pipe bursts from the city street on to their
property is turned into the water works and I'd like to find out what happens
after that. Councilperson Getty stated that he assumes that they would hire a
plumber to fix the street. Dennis Clark, General Manager of Water Works,
responded that when it is reported that there is water surfacing somewhere in
the city then staff goes out to investigate to try to determine if it is a water
main leaking or a service line to the customers home. If it is a service line
and not damaging private property staff issues a leak notice to the customer to
give them an opportunity to contact a plumber to make the repairs. If it is
causing damage to a city street, sidewalk or neighborhood property then an
urgent leak notice is issued. Sometimes, if time allows, the property owner is
given a chance to make the repairs themselves. Sometimes though staff hires a
plumber to repair it right on the spot particularly if it is icing in the
street. There have been situations where the property owner takes too much time
particularly if it is causing damage, staff will hire a contractor. Staff tries
to give property owners as much time as possible if the water is not causing
damage. Councilperson Getty asked if after a plumber is hired and the repairs
are made then whose job is it to fill the hole and patch the street. Mr. Clark
responded that the plumber takes out an excavation permit and as part of their
permit they pay a fee to have the street repaired. They put in a temporary
repair material and then in that situation the street department makes the
repair with funds that the plumber paid to make the repair. Councilperson Getty
asked when is the temporary repair come out and the permanent replacement go in.
Mr. Clark stated that is as done as the street department has time to do it
during the construction season. Councilperson Getty stated that is his problem
because he has got in Ward 3, and they are all over town, but in his ward there
were two openings opened over a year ago on Broadway Street by Broadway Cleaners
that you can now fall into. And on Westfield electric foundry you could
probably put a garage in the hole that it out there. It is absolutely
ridiculous the way that street has been finished. Whether it is the street
department, plumber or contractor somewhere along the line there is suppose to
have an inspector go out and look at it. He was also not aware that a speed
bump was put on Kimball Avenue by St. Edward's. He found out that it was a
water break repair and not a speed bump. Last week you could drive over it and
now this week it has sunken down. The phone calls regarding this is ridiculous
that the city allows the streets to be like this because the homeowner pays
taxes and if it is not getting fixed properly there is something wrong.
May 17, 2010 Page 8
Councilperson Getty stated that you would like to get somebody out there to fix
these problems and if the city needs to hire a contractor then that is something
that will need to be looked at.
Councilperson Hart stated that on Saturday, May 22, 2010 at 11:00 a.m. in
Lafayette Park there is a basketball tournament open to the community to pull
the community together. Councilperson Hart reminded everyone of the Elevate
Open House on Friday, May 20, 2010 from 4:30 p.m. to 6:30 p.m. at the student
center at Hawkeye Community College.
Carmen Johnson, 3603 Cadillac Drive and Karen Hoskins, 1619 Franklin Street, Ms.
Johnson stated that she approached Mayor and Council about a month ago
expressing the needs, gaps, violence, etc. in the community. Ms. Johnson stated
that with Ms. Hoskins they have organized the community basketball tournament at
Lafayette Park on Saturday, May 22, 2010 at 11:00 a.m. Ms. Johnson stated that
they have spoken to the Police Department, Fire Department, Black Hawk County
Sheriff's Department, Councilmembers and community members to try and make it an
event where everyone can enjoy everyone. This is to try to get rid of the
animosity and feelings that citizens have against city leaders. Because the
bottom line is that everyone talks about how it takes a village to raise a child
but if the village is not all together then that will not happen. And that is
all-inclusive when a village is talked about. Not to say that everyone is going
to do the same thing but if everyone gets into their position and work together
then it will be okay. If you can come out please do. They have individuals
calling that are not residents of Waterloo that heard the announcement on the
radio and are all excited. The city is excited so hopefully everyone can come
out or maybe watch it on the news. Mayor Clark thanked Ms. Johnson and Ms.
Koskins for their time and information.
131080 - Getty/Hart
that the above oral comments be received and placed on file. Ayes: Seven.
Motion carried.
ADJOURNMENT
131081 - Getty/Hart
that the Council adjourn at 6:17 p.m. Ayes: Seven. Motion carried.
Suzy S hares
City Clerk
• •