HomeMy WebLinkAboutMinutes-10/18/2010• •
October 18, 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, October 18, 2010. Mayor Ernest G.
Clark in the Chair. Roll Call: Cole, Jones, Greenwood, Schmitt, Welper, Hart. Absent:
Getty.
Moment of Silence.
Pledge of Allegiance: Bob Greenwood, Council Member At Large.
135429 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, October 18,
2010, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Getty.
Motion carried.
135430- Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, October 11,
2010, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Getty.
Motion carried.
Mayor Clark read a Proclamation declaring October 23, 2010 as One Nation, One
Dream Day in recognition of the N.A.A.C.P.
Mayor Clark read a Proclamation declaring October 23 - 31, 2010 as Red Ribbon
Week.
Mayor Clark read a Proclamation declaring September 17 - 23, 2010 as Character
Counts Week.
Mayor Clark, I'd like to say a few words about an incident that happened last
week. We had an incident last Wednesday, October 13, 2010. We had a fire in
Waterloo that could've been a real tragedy. That was bad enough as it was but
because of our dedicated and responsible, I can't say enough adjectives about
good things about our fire department in Waterloo. But the crew that responded
were able to save out of the second floor window two young girls that were
trapped in there in the house that most certainly would not have gotten out
without the brave and courageous response from our fire department. And in
particular there were some fella's on that crew that night that were involved in
pulling the girls out, but I'm sure that if they were here to hear me talk they
would not want their names singled out but they would want the whole fire
department to be mentioned. And all of the crew that was working not only that
night but every night because for them it's a matter of routine. It's what they
do, they go to work and when they are called on to do things like this theymost
literally saved a couple of young girls' lives. So to the seven people that
were on that crew that night: Ryan Mahood, Larry Nading, Gary Ciddio, Dave
Lingenfelter, Kerry Burt, TJ Schaffer and Chris Shafer. From the bottom of our
heart and I'm sure the city's heart, we want to give them thanks. And I just
heard from our Fire Chief before the meeting started that he talked to the
father of the two young girls today, and they are recovering and they are.
expected to come home by the end of the week. Which again we wouldn't be having
this story had it not been for the brave response from our fire fighters. Doug,
give them a big Gung Ho from all of us, we appreciate it very much.
CONSENT AGENDA
135431 - 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. 1-78, dated October 18, 2010, in the amount of
$1,327,187.46, 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. 2010-929.
2. Request of Georgia Seeger for a concrete driveway to be located at 415
Upland Drive, together with recommendation of approval of City Engineer -
Submitted by Eric Thorson, P.E., City Engineer.
Resolution adopted and upon approval by Mayor assigned No. 2010-930.
October 18, 2010
Page 2
3. Request of Art Jacobs for a concrete driveway to be located at 183 Lowder
Road, together with recommendation of approval of City Engineer -Submitted
by Eric Thorson, P.E., City Engineer.
Resolution adopted and upon approval by Mayor assigned No. 2010-931.
4. Request of Farmers State Bank for tax exemptions on improvements totaling
$415,000.00 for property located at 224 W. 6th Street and located in the
Consolidated Urban Revitalization Area -Submitted by Shane Graham, Planner
II.
Resolution adopted and upon approval by Mayor assigned No. 2010-932.
b. Motion to approve the following:
1.
2.
3.
4.
5.
6.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Wendy
Drinovsky,
Records
Manager; Ruth
Muller, Records
Clerk
Iowa Department of
Transportation
TraCS User Group
meeting
Johnston, IA
October
21-22,
2010
$245.00
Paul Waddle,
Performance
Artist
Vertigo 2010
Performance Art
Series
Cottonwood,
Arizona to
Waterloo,
Iowa
November
3-6, 2010
$150.00
Carol Macomber,
Artist
Art in the
Environment: Where
We Gather -
Exhibition
Reception and Panel
Discussion
Albuquerque,
New Mexico
to Waterloo,
Iowa
November
3-5, 2010
$455.00
David
Zellhoefer,
Assistant City
Attorney
Iowa Municipal
Attorney's Assoc.
2010 Annual Seminar
Johnston,
Iowa
November
19, 2010
$144.00
James E. Walsh,
Jr., City
Attorney
Iowa Municipal
Attorney's Assoc.
2010 Annual Seminar
Johnston,
Iowa
November
19, 2010
$144.00
Nancy Gulick,
Community
Development
Coordinator
HOME and Low Income
Housing Tax Credits
Training
Omaha,
Nebraska
December
6-9, 2010
$799.00
7. Recommendation of appointment of Judy Toepher to the Historic Preservation
Commission, with term expiration of October 18, 2013 -Submitted by Adam
Poll, Associate Planner with approval of Mayor Buck Clark.
Beer License Permit Application
Class B
8. Great Taste Buffet, 106 Brookeridge Drive (Renewal) (Expires 9/30/2011)
(Includes Sunday Sales)
Liquor License Permit Application
Class C
9. Casey's 218 Pub, 4014 University Avenue (Renewal) (Expires 9/30/2011)
(Includes Sunday Sales)
10. LJ's Neighborhood Grill & Bar, 3550 Kimball Avenue (Renewal) (Expires
11/5/2011) (Includes Sunday Sales)
Liquor License Permit Application
Class E
11. Neighborhood Mart, 2100 Lafayette Street (New) (Expires 10/1/2011)
Outdoor Service Area Application
12. Casey's 218 Pub, 4014 University Avenue
13. LJ's Neighborhood Grill & Bar, 3550 Kimball Avenue
Ayes: Six. Absent: Getty. Motion carried.
• •
October 18, 2010
PUBLIC HEARINGS
135432 - Schmitt/Greenwood
Page 3
that proof of publication of notice of public hearing on Issuance of not to
exceed $10,000,000.00 in aggregate principal amount of Midwestern Disaster Area
Revenue Bonds (KNK Enterprises, L.L.C. Project) Series 2010 (1411 Flammang Drive
project improvements), as published in the Waterloo Courier on September 23,
2010, be received and placed on file. Ayes: Six. Absent: Getty. Motion
carried.
135433 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Schmitt/Greenwood
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Six. Absent: Getty. Motion carried.
135434- Schmitt/Greenwood
that "Resolution instituting proceedings to take additional action for issuance
of said bonds in conjunction with Issuance of not to exceed $10,000,000.00 in
aggregate principal amount of Midwestern Disaster Area Revenue Bonds (KNK
Enterprises, L.L.C. Project) Series 2010 (1411 Flammang Drive project
improvements)", be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2010-933.
135435 - Greenwood/Schmitt
that proof of publication of notice of public hearing on F.Y. 2011 River
Renaissance North Downtown Trail, Contract No. 786, as published in the Waterloo
Courier on October 5, 2010, be received and placed on file. Ayes: Six.
Absent: Getty. Motion carried.
135436 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none
Greenwood/Schmitt
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Six. Absent: Getty. Motion carried.
135437 - Greenwood/Schmitt
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with F.Y. 2011 River Renaissance North Downtown Trail,
Contract No. 786", be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2010-934.
135438 - Greenwood/Schmitt
that "Resolution ordering construction in conjunction with F.Y. 2011 River
Renaissance North Downtown Trail, Contract No. 786", be adopted. Ayes: Six.
Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2010-935.
135439 - Hart/Cole
that proof of publication of notice of public hearing on Asbestos Removal at
former Van Eaton Public School, Contract No. 137-AR-10-25-10-CDBG, as published
in the Waterloo Courier on October 5, 2010, be received and placed on file.
Ayes: Six. Absent: Getty. Motion carried.
135440 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Hart/Cole
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Six. Absent: Getty. Motion carried.
October 18, 2010
135441 - Hart/Cole
Page 4
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with Asbestos Removal at former Van Eaton Public School,
Contract No. 137-AR-10-25-10-CDBG", be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2010-936.
135442 - Hart/Cole
that "Resolution ordering construction in conjunction with Asbestos Removal at
former Van Eaton Public School, Contract No 137-AR-10-25-10-CDBG", be adopted.
Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2010-937.
135443 - Hart/Welper
to receive, file and instruct City Clerk to open and read bids and refer to
Contracts and Grants Coordinator for review:
Bidder
Bid Amount
Advanced Environmental Testing & Abatement, Inc.
803 Ricker Street
Waterloo, IA 50703
$68,750.00
Affordable Hazards Removal, Inc.
121 East Grand Street
Monticello, IA 52310
$83,012.00
August Enterprises, LLC
P.O. Box 295
Jefferson, IA 50129-0295
$62,304.00
Ayes: Six. Absent: Getty. Motion carried.
135444 - Welper/Schmitt
that proof of publication of notice of public hearing on F.Y. 2011 Carnegie
Annex Parking Lot Repair, Contract No. 800, as published in the Waterloo Courier
on October 7, 2010, be received and placed on file. Ayes: Six. Absent:
Getty. Motion carried.
135445 - 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: Six. Absent: Getty. Motion carried.
Ayes: Six. Absent: Getty. Motion carried.
135446 - Welper/Schmitt
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with F.Y. 2011 Carnegie Annex Parking Lot Repair, Contract
No. 800", be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2010-938.
135447 - Welper/Schmitt
that "Resolution ordering construction in conjunction with F.Y. 2011 Carnegie
Annex Parking Lot Repair, Contract No. 800", be adopted. Ayes: Six. Absent:
Getty.
Resolution adopted and upon approval by Mayor assigned No. 2010-939.
135448 - Welper/Schmitt
to receive, file and instruct City Clerk to open and read bids and refer to City
Engineer for review:
• •
October 18, 2010
Bidder
Bond
Bid Amount
Cardinal Construction Inc.
531 Commercial Street, Suite 700
Box 897
Waterloo, IA 50704
5%
$55,609.72
Peterson Contractors Inc.
Box A
Reinbeck, IA 50669-0155
5%
$66,215.00
Prairie Construction Co., Inc.
P.O. Box 626
Waterloo, IA 50704
5%
$63,800.00
Vieth Construction Corporation
6419 Nordic Drive
Cedar Falls, IA 50613
5%
$76,343.75
Ayes: Six. Absent: Getty. Motion carried.
RESOLUTIONS
135449 - Hart/Greenwood
Page 5
that "Resolution approving the award of hotel/motel discretionary funding to the
following entities: Cedar Valley Sports and Entertainment Commission in the
amount of $2,000.00; and Waterloo Regional Airport Marketing in the amount of
$4,800.00 -Submitted by Michelle Weidner, Chief Financial Officer", be adopted.
Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2010-940.
135450 - Hart/Greenwood
that "Resolution
for air service
for the Waterloo
approving an agreement with Trillion Aviation of
development professional services in the amount
Regional Airport, and authorize Mayor to execute
Austin, Texas
of $24,000.00
said document -
Submitted by Bradley Hagen, Airport Director", be adopted. Ayes: Six. Absent:
Getty.
Resolution adopted and upon approval by Mayor assigned No. 2010-941.
135451 - Hart/Greenwood
that "Resolution approving an agreement with Iowa
for air service development professional services
for the Waterloo Regional Airport, and authorize Mayor to
Submitted by Bradley Hagen, Airport Director", be adopted.
Getty.
Department of Transportation
in the amount of $19,200.00
execute said document -
Ayes: Six. Absent:;
Resolution adopted and upon approval by Mayor assigned No. 2010-942.
135452 - Hart/Greenwood
that "Resolution supporting Main Street Waterloo Program and authorize Mayor to
execute a Program Agreement with the Iowa Department of Economic Development,
Updowntowners of Waterloo, Inc./dba/Main Street Waterloo Partnership and Main
Street Waterloo for the purpose of continuing the Main Street program in
Waterloo from July 2, 2010 through June 30, 2012 -Submitted by Mayor Buck Clark",
be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2010-943.
135453 - Schmitt/Hart
that "Resolution approving acceptance of work and authorize final payment in the
amount $2,526.06 for work to be done by Miller Fence Co. Inc. of Waterloo, Iowa
in conjunction with Two (2) Covered Archways at Waterloo Softball Complex
Phase I -Submitted by Rick Curran, Leisure Services Facilities Manager", be
adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2010-944.
October 18, 2010
135454 - Schmitt/Hart
Page 6
that "Resolution approving First Amendment to Option and Lease Agreement with
New Cingular Wireless PCS, LLC to allow for the installation of a generator on
the site, and authorize Mayor and City Clerk to execute said document -Submitted
by Noel Anderson, Community Planning & Development Director", be adopted. Ayes:
Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2010-945.
135455 - Schmitt/Hart
that "Resolution approving recommendation of award of bid to Bill Colwell Ford
for the Purchase of Two (2) 2011 3/ Ton, 4 -Wheel Drive Pickups with Aluminum Dump
Boxes in the amount of $98,834.00; and rescinding Resolution No. 2010-902 in it
entirety -Submitted by Mark Rice, Superintendent of Central Garage", be adopted.
Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2010-946.
ORDINANCES
135456 - Greenwood/Schmitt
that "an Ordinance amending the 2008 Traffic Code by adding a new Subsection
(50a) Hanna Blvd. to Section 553, No Parking Here to Corner", be received,
placed on file, considered and passed for the first time. Ayes: Six. Absent:
Getty. Motion carried.
135457 - Greenwood/Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Getty. Motion carried.
135458 - Greenwood/Schmitt
that "an Ordinance amending the 2008 Traffic Code by adding a new Subsection
(50a) Hanna Blvd. to Section 553, No Parking Here to Corner", be considered and
passed for the second and third times and adopted. Ayes: Six. Absent: Getty.
Ordinance adopted and upon approval by Mayor assigned No. 5017.
135459 Greenwood/Schmitt
that "an Ordinance amending the 2008 Traffic Code by adding Subsection (14a)
Hummingbird Circle to Section 545, Yield Streets", be received, placed on file,
considered and passed for the first time. Ayes: Six. Absent: Getty. Motion
carried.
135460 - Greenwood/Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Getty. Motion carried.
135461 - Greenwood/Schmitt
that "an Ordinance amending the 2008 Traffic Code by adding Subsection (14a)
Hummingbird Circle to Section 545, Yield Streets", be considered and passed for
the second and third times and adopted. Ayes: Six. Absent: Getty.
Ordinance adopted and upon approval by Mayor assigned No. 5018.
OTHER COUNCIL BUSINESS
135462 - Welper/Hart
that Change Order No. 2 for a net increase of $1,200.00 for work performed by
Lehman Trucking and Excavating of Waterloo, Iowa in conjunction with Demolition
and Site Clearance Project, Contract No. 171 -D -EDI -08 -02 -10 -Submitted by Louis
Starks, Contracts and Grants Coordinator, be received, placed on file and
approved. Ayes: Six. Absent: Getty. Motion carried.
135463 Hart/Schmitt
to instruct Superintendent of Central Garage to prepare specifications, bid
document, etc. in conjunction with Purchase of Seven (7) 2011 Patrol Cars, be
received, placed on file and approved. Ayes: Six. Absent: Getty. Motion
carried.
• •
• •
October 18, 2010
135464 - Hart/Schmitt
Page 7
that specifications, bid document, etc. in conjunction with Purchase of Seven
(7) 2011 Patrol Cars, be received and placed on file. Ayes: Six. Absent:
Getty. Motion carried.
135465 - Hart/Schmitt
that "Resolution preliminarily approving specifications, bid document, etc. in
conjunction with Purchase of Seven (7) 2011 Patrol Cars", be adopted. Ayes:
Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2010-947.
135466 - Hart/Schmitt
that "Resolution setting date of hearing on specifications, bid document, etc.
and taking of bids as November 8, 2010 at 5:30 p.m. in the City Hall Council
Chambers on the Purchase of Seven (7) 2011 Patrol Cars", be adopted and City
Clerk instructed to publish notice of same. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2010-948.
135467 - Cole/Welper
to instruct Building Official/Maintenance Administrator to
specifications, form of contract, etc. in conjunction with Smart
- Energy Efficiency and Conservation Block Grant, be received,
and approved. Ayes: Six. Absent: Getty. Motion carried.
135468 - Cole/Welper
prepare
Control
placed
plans,
Systems
on file
that plans, specifications, form of contract, etc. in conjunction with Smart
Control Systems - Energy Efficiency and Conservation Block Grant, be received
and placed on file. Ayes: Six. Absent: Getty. Motion carried.
135469 - Cole/Welper
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with Smart Control Systems - Energy Efficiency and
Conservation Block Grant", be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2010-949.
135470 - Cole/Hart
that "Resolution setting
contract, etc. and taking o
Hall Council Chambers on
Conservation Block Grant",
notice of same. Ayes: Six.
date of hearing on plans, specifications, form of
f bids as November 8, 2010 at 5:30 p.m. in the City
the Smart Control Systems - Energy Efficiency and
be adopted and City Clerk instructed to publish
Absent: Getty.
Resolution adopted and upon
ORAL PRESENTATIONS
approval by Mayor assigned No. 2010-950.
135471 - Jerome Amos, Jr., 119 Ricker Street, Waterloo Human Rights Commission
Chairperson, I just had a little bit of positive information that I wanted to
give the Mayor and Council. Director Funchess didn't know I was going to get
up. We had our meeting Thursday, October 14, 2010 and during that meeting we
unanimously as commissioners agreed to set goals. And I just want the Council
and Mayor to know what these goals are. First and foremost is the ongoing
commitment to the elimination of employment, public accommodation, education
credit and housing discrimination. Our next goal is to address over
representation of blacks and browns in the criminal and justice system locally.
The next item on our goal is to engage juvenile justice reform and encase the
foundation, juvenile detention alternatives initiative. That's something that
Director Funchess brought back from a conference that we are going to be looking
at. And also work on the 10 -point plan as you all know that's something that
Director Funchess brought in when he came into the position. The next one is
work toward the elimination of child starvation in Black Hawk County. The final
one is work towards the elimination of domestic violence and sexual assault in
Black Hawk County.
Bill Shindley, 4117 University Avenue of Cedar Falls, I do a lot of work with
From the Hart. Mr. Hart is familiar with this organization. I did a lot of
work over on Boston Street. And it's really close to the Chamberlain site
that's being torn down. And there is a lot of dust being created at that site
October 18, 2010 Page 8
that is not being controlled at all. It's being blown around throughout the
neighborhood and nothing is being done about that. I think it's a real concern
for everyone in that neighborhood. I think that something should be done. They
should be watering down that site at all times when they are moving all of those
materials around. So somebody should look at that.
Noel Anderson, Community Planning & Development Director, actually we received
some other calls on this last week as well. We have a meeting out on the site
tomorrow. The contractor has assured us that they have been doing that and it's
just the amount of the large scale of the walls that's still creating some dust.
But they are definitely making their best efforts. But we are going to go out
there and meet with them tomorrow on this very issue.
Mayor Clark, hopefully we can mitigate that issue.
Councilperson Hart, I got a ca11 from some residents and talked to Noel last
week about it too.
Mayor Clark, so Mr. Shindley you are not alone in your observations and we'll
see if we can get that taken care of. Thank you for bringing it to our
attention.
Councilperson Greenwood, don't we have an active on-site compliance control
company out there that's suppose to make sure this is being done right that we
are paying quite a bit of money for?
Mr. Anderson, yes we do. We are required to by the EPA. They should be
checking the dust particle amounts and all of that as well. They will be at the
meeting as well to give us those reports.
Councilperson Hart, who is it?
Mr. Anderson, I don't remember the name of the subcontractor. I can get that to
the council.
Hart/Welper
that the above oral comments be received and placed on file. Ayes: Six,
Absent: Getty. Motion carried.
ADJOURNMENT
135472 - Hart/Welper
that the Council adjourn at 6:12 p.m. Ayes: Six. Absent: Getty. Motion
carried.
rol Pallor
Deputy City Clerk