HomeMy WebLinkAboutMinutes-09/27/2010• •
September 27, 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, September 27, 2010. Mayor Ernest G.
Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Quentin Hart, Ward 4 Council Member.
135311 - Hart/Welper
that the Agenda, as proposed, for the Regular Session on Monday, September 27,
2010, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
135312 - Hart/Welper
that the Minutes, as proposed, for the Regular Session on Monday, September 20,
2010, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
Mayor Clark read a proclamation declaring October 10-16, 2010 as Earth Science
Week and presented it to Sherman Lundy with BMC Aggregates.
Mayor Clark read a proclamation declaring October 3-9, 2010 as Mental Illness
Awareness Week and presented it to Leslie Cohn.
CONSENT AGENDA
135313 - Hart/Schmitt
that the following items on the consent agenda be received, placed on file and
approved:
a. Resolutions to approve the following:
1. Resolution approving Schedule AP642, pp. 1-66, dated September 27, 2010,
in the amount of $2,665,203.49, 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. 2010-862.
b. Motion to approve the following:
1.
2.
3.
4.
5.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Officer Darin
Rulapaugh;
Officer Michael
Girsch
Firearms
Instructor
School
Johnston,
Iowa
August 23-
September
3, 2010
$1,648.00
Kent Shankle,
Curator
Mothers,
Merchants &
Mambos
Omaha.
Nebraska
October 9-
10, 2010
$250.00
Dan Trelka,
Chief of Police
FBI National
Academy 75th
Anniversary
meeting
Omaha,
Nebraska
September
29-30,
2010
$262.71
Todd Wilson,
Planner/Analyst
Surveillance
Detection
Training
Des Moines,
Iowa
October
11-14,
2010
$397.60
Mark Boesen,
Manager of Rehab
Services; Jon
Martin,
Rehabilitation
Specialist
IAHO Fall
Conference
Certification &
Recertification
Waterloo,
Iowa
October 6-
8, 2010
$500.00
September 27, 2010
6. Motion to receive and file Mayor Clark's
appointment:
Page 2
recommendation of the following
Appointee
Board/Commission
Expiration
Date
New or Re-
Appointment
Alexander Crouse
Library Board of Trustees
06/30/2016
New Appointment
Beer License Permit Application
Class C
7. Kwik Star #380, 506 W. 9th Street (Renewal)
Sunday Sales)
8. Wine & Spirits #1, 2126 Kimball
(Includes Sunday Sales)
Liquor License Permit Application
Class C
9. Kings and Queens Tap, 304-306 W.
(Includes Sunday Sales)
10. Espresso Cafe Oasis,
(Includes Sunday Sales)
11. New World Lounge II, 504 Riehl
(Includes Sunday Sales)
12. Jameson's Public House, 310 E.
(Includes Sunday Sales)
13. Longhorn Steakhouse #5374, 1425
9/1/2011) (Includes Sunday Sales)
(Expires 11/18/2011) (Includes
Avenue (Renewal) (Expires 11/14/2011)
4th Street (Renewal) (Expires 8/27/2011)
(Renewal) (Expires 9/15/2011)
Street (Renewal) (Expires 9/14/2011)
4th Street (Renewal) (Expires 11/2/2011)
E. San Marnan .Drive (New) (Expires
307 W. 5th Street
Liquor License Permit Application
Class E
14. Wine & Spirits #1, 2126 Kimball Avenue (Renewal) (Expires 11/14/2011)
(Includes Sunday Sales)
Beer/Wine License Permit Application
Special Class C
15. Kum & Go #212, 117 E. San Marnan Drive (Renewal) (Expires 11/2/2011)
(Includes Sunday Sales)
Wine License Permit Application
Class B
16. Wine & Spirits #l, 2126 Kimball Avenue (Renewal) (Expires 11/14/2011)
(Includes Sunday Sales)
Fireworks Display Application
17. Columbus High School, 3231 W. 9" Street (October 1, 2010)
Ayes: Seven. Motion carried. Mr. Schmitt asked for Item 1.b.11 to be removed
from the consent agenda.
Item 1.b.11
Councilperson Schmitt, the reason I wanted to separate that is I received
several calls about that. And I know we've had some issues in that
neighborhood. I was looking at the documentation from the Chief. And I know
this facility is supposed to be a restaurant more so than a bar. I didn't know
if we've had sufficient time yet to confirm that. I thought this was opened in
2009 but apparently that was not the case. And so I just want to make sure that
we're doing all the due diligence we should be given the issues we've had in
that neighborhood.
Dan Trelka, Chief of Police, there was an inspection of the establishment on
Thursday, September 23, 2010 by the Health Department. And it was their
determination, based on just this inspection, that they were likely are tavern
that's serving food not a restaurant that's serving alcohol. The Police
Department certainly could conduct an audit and that's allowed by our code.
Right now we're looking for direction from the council as to how you would like
to see us proceed because this could be a very involved process. Its my
understanding that the Police Department has never engaged in one of these
audits before. So we would have to determine the best process to utilize to
make sure that it was accurate.
Councilperson Schmitt, looking at the documentation it looks like we could
either ask for their tax returns or there should be point of presence sales
machines that would indicate whether its alcohol or food. I mean it sounded
like it's a fairly easy process looking at the documentation. Now if we haven't
done one I guess we don't know.
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September 27, 2010 Page 3
Mr. Trelka, I don't think its going to be a very complex process but it could
involve a little effort on our part. We would confer with the City Attorney to
see how to best proceed. But at this point, given the time that it could
involve, I'm simply looking for direction from the council.
Councilperson Greenwood, between the restaurant that serves alcohol or a tavern
that has food preparation what are the major roles and regulations that are
different?
Mr. Trelka, basically the threshold is 50 percent of gross sales. If your gross
sales are greater than 50 percent for alcohol you are a bar that is serving
food. If its less than 50 percent you are a restaurant that is serving alcohol.
Councilperson Greenwood, but what are the different roles that the two would
have to follow? Could they not be eligible for like Sunday sales?
Mr. Trelka, I would have to look into the particulars of their licensing.
Aric Schroeder, City Planner, I'm not aware of any rules that would effect the
main alcohol license. Like whether they can have Sunday sales or anything like
that. My only knowledge of where the rules can vary is what we recently put
into the zoning ordinance when we made the amendment for alcohol sales related
facilities. The restrictions on what is defined as a limited alcohol sales
which includes a restaurant that serves alcohol are the less stringent than the
regulations that are placed on a non -limited alcohol sales facility such as a
bar. Such as a bar is required to have a special permit before it can operate
in most instances unless its along a principal arterial and at least 250 feet
from a protective use. So the site in question was previously a restaurant and
the applicants moved forward with plans to establish a restaurant during the
timeframe that the moratorium was in place before we had even passed our new
ordinance. And entered into the agreement stating that they would be a
restaurant, a limited alcohol sales maintaining at least 50 percent sales. But
as the Chief has noted we have not actually used the new ordinance that has
passed that provides the Police Chief to request the records on the property
yet.
Councilperson Hart, for it to be considered a restaurant are there things that
they need to have? Do they need to have a hood? How does that work out with
the permitting process?
James Walsh, City Attorney, no. The short answer is no. Its what they sell
that determines where they fall within the ordinance per view. And it isn't
very easy. And the Police Chief is right, its going to require some skill set.
You can't necessarily tell if they're selling liquor or soda pop that goes in
some drinks. The point of sales systems don't differentiate necessarily between
the alcohol portion and non -alcohol portion. You throw a cherry in a drink what
does that count as? Unless there's a big difference, unless its 25/75 you get
close to 50/50 and its going to be pretty hard to tell. In this case, it
doesn't sound like the zoning ordinance cares thought that this guy either way
was in an area that previously sold alcohol and is still going to sell alcohol.
Whether he is designated as a restaurant or a bar he's still selling alcohol.
And I don't think there's a relevant difference here.
Councilperson Schmitt, I think he was previously a restaurant he was not a bar.
Mr. Schroeder, they had a liquor license but he was a restaurant meaning the 50
percent requirement they entered into an agreement that they would reestablish a
restaurant.
Mr. Walsh, they probably didn't know that there was a difference when they did
that would be my guess. If its important have the Chief audit it.
Mayor Clark, I would just add council having a little bit of experience in this
arena if you have sophisticated sales systems it would be very easy to break
down food and alcohol. If you don't it could be almost impossible to do that.
So depending on what kind of point of sale this person has to keep track of his
gross, his revenue it could be very easy or very hard. But I don't have any
kind of clue what kind of point of sale system they have.
Councilperson Schmitt, well I'm not interested in number one putting anyone out
of business because if it's a restaurant it could continue to operate as a
restaurant without alcohol number one. Number two, it seems like if we are
going to have these ordinances we probably ought to enforce them because that's
one of the things I hear probably more than anything that we do not enforce the
ordinances we have. And it seems like maybe this may be an ideal test to find
out how do we determine that based on the Health Departments assessment that it
looks like a tavern serving food rather than a restaurant serving alcohol.
September 27, 2010 Page 4
Mayor Clark, was this gentleman granted his license on that basis that he was
one or the other?
Mr. Schroeder, yes he was. Before her license request was allowed to go on to
the council's agenda she was required to enter into the agreement indicating
that they would be a restaurant with limited alcohol sales maintained at 50
percent. A requirement that was discussed with them so they should've been
aware of it. But in the end, like I said, that was actually before we adopted
the ordinance. It was during the moratorium stage but we had a pretty good idea
of what the ordinance was going to be so we did an agreement that they would be
a restaurant and maintain that 50 percent requirement. And in the end resulting
ordinance that we passed there was the wording in there that authorizes us to
request the documents. And that was worded so that it basically could be looked
at is if we are not going to be requesting these documents for every single
business. Its basically if there's a perception of a problem that gives us a
tool and a mechanism to move forward with it since as noted it probably will be
somewhat intensive and complicated in going through those records. And
analyzing particularly if its one that's on the fence, meaning the 50 percent or
not. But really the intent was that if there's a site that perceived to be a
problem this gives us the mechanism to do it.
Mr. Walsh, I guess I think we should probably have a work session at some point
to decide whether it makes any sense to have this distinction in the first
place. If it looks like a duck it's a duck. I mean if there's people serving
alcohol there they're serving alcohol there. Whether they've got this much or
that much 45 one-way or the other I don't know if it matters in a neighborhood.
They are going to want to know if it's a tavern or not. If it serving the
alcohol or if its not. I guess you could have a difference between Olive Garden
or whatever that place on 4th Street. I don't know if that's important in this
distinction or not that's up for you to decide. I would say, how much time do
they have to establish a record might be relevant? We don't know they're just
getting a license we don't know.
Councilperson Hart, they've been open since a couple of months ago.
Mayor Clark, is the zoning ordinance that's passed enforceable?
Mr. Walsh, the zoning ordinance seems fine if you want to draw that. There is a
distinction on the books for the State of Iowa between a restaurant with liquor
and taverns with food. And the department that inspects for food licenses knows
the difference. I would think that a lot of people don't know the difference of
which one is which. If its got alcohol its got alcohol.
Councilperson Schmitt, what's the date of the?
Mayor Clark, it expires ...
Suzy Schares, City Clerk, September 14, 2010.
Mayor Clark, which is passed.
Ms. Schares, it is they are just timely filed waiting for this process to
finish. It buys them a little time.
Mayor Clark, if the council were to take the approach of tabling this does that
deadline then get put on hold?
Mr. Walsh, they are going to have a problem and I don't think they can continue
to operate if we don't approve their license.
Ms. Schares, well they're timely filed so we can. We are talking about a matter
of weeks the State would allow them to operate under just being timely filed and
we are just going through the motions.
Mr. Walsh, then I would have to ask Councilperson Schmitt what the concern is?
Is it that its going to effect the neighbors differently? Whether they want it
one or the other? I guess I would say let them operate a year and then audit
them. Then if there's a problem tell them they are the wrong one.
Mr. Schroeder, I would add to that that I think if the council does think that
it would be good to attempt the audit on this one I expect that it would take
some time. One, to provide them the time to submit the records. Two, for us to
analyze those records. You could potentially be talking several months there I
would think. Definitely more than a couple of weeks.
Councilperson Getty, in all fairness I must add that from what I have heard and
seen out there that yes there's been some problems in that area. However, its
been not in this tavern/bar/restaurant. It was outside, next door neighbors,
out in the street, so forth. It wasn't in this establishment at all. So I
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September 27, 2010 Page 5
would think we'd want to let them try it for a year and then do the audit at the
end of the year or whatever. But that's the council's discretion.
Mayor Clark, which Councilperson Schmitt that's another thing that its something
that we should consider. Your right its only been open for business for not
much more than a couple of months.
Cole/Welper
To approve the liquor license permit application for New World Lounge II, 504
Riehl Street (Renewal) (Expires 9/14/2011) (Includes Sunday Sales)
Councilperson Schmitt, the only other thing I'd like to mention real quickly and
Mr. Walsh this may be for you. But I did read an article in the Cedar Rapids
Gazette how in Cedar Rapids what they have done is gone to probationary licenses
and they have some additional guidelines or expectations of those folks where
they have trouble instances. I think they're six month licenses so that would
just be something to consider also.
Ayes: Six. Nay: One (Schmitt). Motion carried.
PUBLIC HEARINGS
135314 - Schmitt/Welper
that proof of publication of notice of public hearing on the Purchase of One (1)
Ton Pickup with Aluminum Service Box, as published in the Waterloo Courier on
September 23, 2010, be received and placed on file. Ayes: Seven. Motion
carried.
135315 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Schmitt/Hart
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Seven. Motion carried.
135316 - Schmitt/Hart
that "Resolution confirming approval of specifications, bid document, etc. in
conjunction with the Purchase of One (1) 41 Ton Pickup with Aluminum Service
Box", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-863.
135317 - Schmitt/Hart
that "Resolution authorizing to proceed in conjunction with the Purchase of One
(1) 3j Ton Pickup with Aluminum Service Box", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-864.
135318 - Schmitt/Hart
to receive, file and instruct City Clerk to open and read bids and refer to
Superintendent of Central Garage for review:
Bidder
Bid Amount
Bill Colwell Ford
238 Waterloo Road
Hudson, IA 50643
$47,107.00
Witham Auto Center
2033 LaPorte Road
Waterloo, IA 50702
$44,569.00
Charles Gabus Ford
4545 Merle Hay Road
Des Moines, IA 50310
$57,809.00
Ayes: Seven. Motion carried.
135319 - Getty/Hart
that proof of publication of notice of public hearing on Purchase of Two (2) 44
Ton Pickups with Aluminum Dump Boxes, as published in the Waterloo Courier on
September 23, 2010, be received and placed on file. Ayes: Seven. Motion
carried.
September 27, 2010 Page 6
135320 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Getty/Hart
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Seven. Motion carried.
135321 - Getty/Hart
that "Resolution confirming approval of specifications, bid document, etc. in
conjunction with the Purchase of Two (2) 41 Ton Pickups with Aluminum Dump
Boxes", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-865.
135322 - Getty/Hart
that "Resolution authorizing to proceed in conjunction with the Purchase of Two
(2) 4g Ton Pickups with Aluminum Dump Boxes", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-866.
135323 - Getty/Hart
to receive, file and instruct City Clerk to open and read bids and refer to
Superintendent of Central Garage for review:
Bidder
Bid Amount
Bill Colwell Ford
238 Waterloo Road
Hudson, IA 50643
$98,834.00
Witham Auto Center
2033 LaPorte Road
Waterloo, IA 50702
$95,500.00
Charles Gabus Ford
4545 Merle Hay Road
Des Moines, IA 50310
$110,260.00
Ayes: Seven. Motion carried.
135324 - Hart/Welper
that proof of publication of notice of public hearing on Riverfront Stadium
Field Lighting Upgrade, as published in the Waterloo Courier on September 23,
2010, be received and placed on file. Ayes: Seven. Motion carried.
135325 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Hart/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Seven. Motion carried.
135326 - Hart/Welper
that "Resolution confirming approval of bid document, specifications, etc. in
conjunction with Riverfront Stadium Field Lighting Upgrade", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-867.
135327 - Hart/Welper
that "Resolution ordering construction in conjunction with Riverfront Stadium
Field Lighting Upgrade", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-868.
• •
September 27, 2010
135328 - Hart/Welper
Page 7
to receive, file and instruct City Clerk to open and read bids and refer to
Leisure Services Director for review:
Bidder
Bid Bond
Bid Amount
Black Hawk Electrical Co.
1507 Commercial Street
Waterloo, IA 50702
5%
$73,508.00
Community Electric Inc.
1510 Falls Avenue
Waterloo, IA 50701
5%
$90,483.00
Ayes: Seven. Motion carried.
135329 - Welper/Schmitt
that proof of publication of notice of public hearing on Request of Dick and Don
Hurst for the vacation of a 16' X 142' (2,272 square feet) sanitary sewer
easement generally located in the Second Addition of Kenyon's Addition, directly
north of 2102 Kimball Avenue, as published in the Waterloo Courier on September
23, 2010, be received and placed on file. Ayes: Seven. Motion carried.
135330 - 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.
135331 - Welper/Schmitt
that "an Ordinance vacating the 16' X 142' (2,272 square feet) of sanitary sewer
easement generally located in the Second Addition of Kenyon's Addition, directly
north of 2102 Kimball Avenue", be received, placed on file, considered and
passed for the first time. Ayes: Seven. Motion carried.
135332 - Welper/Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
135333 - Welper/Schmitt
that "an Ordinance vacating the 16' X 142' (2,272 square feet) of sanitary sewer
easement generally located in the Second Addition of Kenyon's Addition, directly
north of 2102 Kimball Avenue", be considered and passed for the second and third
times and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 5013.
135334 - Welper/Schmitt
that "Resolution authorizing said sale and conveyance and City Attorney
instructed to prepare and deliver deed accordingly", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-869.
RESOLUTIONS
135335 - Greenwood/Schmitt
that Change Order No. 2 for a net increase of $3,400.70 for work performed by
Stickfort Construction of Cedar Falls, Iowa in conjunction with F.Y. 2010 ADA
Accessibility Plan, University Avenue and Greenhill Road and Mayor authorized to
execute same -Submitted by Debra Anderson, Building Official/Maintenance
Administrator, be received, placed on file and approved. Ayes: Seven. Motion
carried.
135336 - Greenwood/Schmitt
that Change Order No. 1 for a net increase of $1,776.06 for work performed by
Miller Fence Co. Inc. of Waterloo, Iowa in conjunction with Covered Archways at
Waterloo Softball Complex -Phase I and Mayor authorized to execute same -Submitted
by Rick Curran, Leisure Services Facilities Manager, be received, placed on file
and approved. Ayes: Seven. Motion carried.
September 27, 2010 Page 8
135337 - Greenwood/Schmitt
that Change Order No. 2 for a net increase of $2,548.10 and Change Order No. 3
for a net increase of $1,909.33 for work performed by Peters Construction
Corporation of Waterloo, Iowa in conjunction with 2009 Riverfront Stadium
Grandstand ADA Ramp Project and Mayor authorized to execute same -Submitted by
Rick Curran, Leisure Services Facilities Manager, be received, placed on file
and approved. Ayes: Seven. Motion carried.
135338 - Getty/Cole
that "Resolution approving Certificate of Substantial Completion to Peters
Construction Corporation of Waterloo, Iowa in the amount of $94,422.43 in
conjunction with 2009 Riverfront Stadium Grandstand ADA Ramp Project and
authorize Mayor to sign said document -Submitted by Rick Curran, Leisure Services
Facilities Manager", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-870.
135339 - Getty/Cole
that "Resolution approving recommendation of acceptance of bid from Murphy
Tractor Co. of Waterloo, Iowa for the Rental of Three(3) Road Graders for the
period of November 15, 2010 through March 15, 2011, in the amount of $4,000.00
per grader per month to support winter snow removal operations -Submitted by Mark
Rice, Superintendent of Central Garage", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-871.
135340 - Getty/Cole
that "Resolution approving installation of street lights at the intersection of
Hurst Drive and San Marnan Drive and at the intersection of Hurst Drive and
Tower Park Drive, and authorizing City Clerk to notify MidAmerican Energy -
Submitted by Sandie Greco, Superintendent of Traffic Operations", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-872.
135341 - Schmitt/Welper
that "Resolution approving the acceptance of Black Hawk County Gaming Grant in
the amount of $70,000.00 to cover the software and hardware necessary for
Electronic Patient Care Reporting -Submitted by W. Douglas Carter, Fire Chief",
be adopted. Ayes: Seven.
Councilperson Jones, I just wanted to recognize that this $70,000.00 expenditure
is being paid for by Black Hawk County Gaming Grant which is something that if
that grant did not exist it would be coming out of our taxes. So I just wanted
to recognize that.
Mayor Clark, thank you for recognizing that because last week a resolution was
passed in support of the upcoming gaming grant for the Isle of Capri. And I was
remiss in making any personal comments when that happened but this is a perfect
time to do so with the perfect example of the many, many things that we have in
our community now that we couldn't have should we not have the gaming grant. So
it's pretty important that we maintain that funding stream in order to have many
of the things that we currently have. So Waterloo and the City Council does
support that particular initiative.
Resolution adopted and upon approval by Mayor assigned No. 2010-873.
135342 - Schmitt/Welper
that "Resolution approving FYE2011 28E Agreements with: East Waterloo Township;
Cedar Township; and Elk Run Heights to provide fire and ambulance services, and
authorizing Mayor and City Clerk to execute said documents -Submitted by W.
Douglas Carter, Fire Chief", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-874.
135343 - Schmitt/Welper
that "Resolution approving the Acceptance of Purchase Offer for Lots 22-31 of
Sans Souci Replat including the garages with San Souci Association, Inc. in the
amount of $301,454.00 less deductions for Duplication of Benefits in conjunction
with the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project,
and authorize Mayor and City Clerk to execute said documents -Submitted by Aric
Schroeder, City Planner", be adopted. Ayes: Seven.
• •
September 27, 2010 Page 9
Resolution adopted and upon approval by Mayor assigned No. 2010-875.
135344 - Cole/Welper
that "Resolution approving Acceptance of Purchase Offer for the Streets, Alleys,
and Riverfront Areas of San Souci with San Souci Association, Inc., and
authorize Mayor and City Clerk to execute said document -Submitted by Aric
Schroeder, City Planner", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-876.
135345 - Cole/Welper
that "Resolution approving Amendment No. 3 and Amendment No. 4 to Contract
Number 08 -DRB -205 with the Iowa Department of Economic Development for the
expanded Business Assistance Program, and authorize Mayor to execute said
documents -Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-877.
135346 - Cole/welper
that "Resolution approving award of contract to Benton's Sand & Gravel, Inc. of
Cedar Falls, Iowa in an amount not to exceed $192,065.00 in conjunction with the
Demolition and Site Clearance Services with Regulated Asbestos Containing
Materials for the Hazard Mitigation Grant Program Property Acquisition Project
in connection with Public Assistance Demolition activities, and authorize Mayor
and City Clerk to execute said document -Submitted by Aric Schroeder, City
Planner", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-878.
135347 - Hart/Cole
that "Resolution approving the submittal of the FY 2010 Consolidated Annual
Performance and Evaluation Report (C.A.P.E.R.) for CDBG and HOME Program
activities for the period of July 1, 2009 through June 30, 2010 to the U.S.
Department of Housing and Urban Development -Submitted by Rudy D. Jones,
Community Development Director", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-879.
135348 - Hart/Cole
that "Resolution approving Contract for the Disaster Recovery Business Rental
Assistance Program for Miller's Sports Pub, LLC at 708 Jefferson Street in the
amount of $6,000.00, and authorize Mayor to execute said document -Submitted by
Aric Schroeder, City Planner", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-880.
135349 - Hart/Cole
that "Resolution approving the Annual Financial Report for City Streets for the
fiscal year ended June 30, 2010 to be filed with the Iowa Department of
Transportation -Submitted by Michelle Weidner, Chief Financial Officer", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-881.
135350 - Hart/Welper
that "Resolution approving the submission of the Highland Elementary Safe Routes
to School Grant Application to Iowa Department of Transportation; and accepting
responsibility for maintenance of said public pedestrian improvements for a
period of 10 years; and authorize Mayor to execute said documents -Submitted by
Wayne Castle, PLS, EI, Associate Engineer", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-882.
135351 - Hart/Welper
that "Resolution approving recommendation of the award of contract to
Tschiggfrie Excavating Co. of Dubuque, Iowa in the amount of $116,065.13 in
conjunction with F.Y. 2011 Rainbow Drive and Letsch Road Force Main, Contract
No. 792 -Submitted by Dennis Gentz, P.E., Assistant City Engineer", be adopted.
Ayes: Seven.
September 27, 2010 Page 10
Resolution adopted and upon approval by Mayor assigned No. 2010-883.
135352 - Hart/Welper
that "Resolution approving Contracts, Bonds and Certificate of Insurance
contract to Tschiggfrie Excavating Co. of Dubuque, Iowa in the amount of
$116,065.13 in conjunction with F.Y. 2011 Rainbow Drive and Letsch Road Force
Main, Contract No. 792 -Submitted by Dennis Gentz, P.E., Assistant City
Engineer", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-884.
135353 - Getty/Cole
that "Resolution approving Professional Services Agreement with AECOM Technical
Services of Waterloo, Iowa in the amount of $141,000.00 in conjunction with FY
2012 East Donald Street Improvements, Contract No. 797 -Submitted by Jeff Bales,
Associate Engineer", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-885.
135354 - Getty/Cole
that "Resolution approving Proposal with Via Rail Logistics, LLC in the amount
of $18,600.00 to master plan rail layout for industrial lots in the Airport
area, and authorizing Mayor to execute the documents -Submitted by Noel Anderson,
Community Planning & Development Director", be adopted. Ayes: Seven.
Councilperson Hart, does this item and the next one tie in together?
Noel Anderson, Community Planning & Development Director, they are actually two
separate areas. This one is primarily at the western portion of the airport
over by Leversee Road. The City of Waterloo has 70 acres of land there that we
previously had approved for development by FAA release. There is rail along
there so we're showing that to perspective businesses. We have a number of them
looking at the area. And this would layout how the rail conserved their
businesses at that site and how to develop it.
Resolution adopted and upon approval by Mayor assigned No. 2010-886.
135355 - Getty/Cole
that "Resolution approving Supplemental Agreement No. 1 with Claassen
Engineering and Surveying in the amount of $6,000.00 for final platting of the
MidPort America Park No. 3, and authorizing Mayor to execute said document -
Submitted by Noel Anderson, Community Planning & Development Director", be
adopted. Ayes: Seven.
Noel Anderson, Community Planning & Development Director, this item is actually
on the eastern side of the airport area over by the FedEx Ground area.
Previously we split off a portion of that for FedEx Ground. We have some
additional area in there to divide up into lots. We preliminarily platted it
before this would be the next step in final platting it. This is also tied in
with a RISE grant that we applied for, for a new road extension in that area.
Resolution adopted and upon approval by Mayor assigned No. 2010-887.
135356 - Getty/Cole
that "Resolution setting new date of hearing and bid opening as October 25, 2010
for the New Fire Truck, and instructing City Clerk to publish said notice -
Submitted by W. Douglas Carter, Fire Chief", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-888.
ORDINANCES
135357 - Schmitt/Welper
that "an Ordinance amending the 2008 Traffic Code by Adding a New Subsection
(47b) Maynard Avenue to Section 541, Increasing Speed Limits in Certain Areas
(reducing speed limit from 25 mph to 15 mph for vehicles approaching the curve
along the 1900 block of Maynard Avenue)", be received, placed on file,
considered and passed for the first time. Ayes: Seven. Motion carried.
135358 - Schmitt/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven, Motion carried.
• •
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September 27, 2010 Page 11
135359 - Schmitt/Welper
that "an Ordinance amending the 2008 Traffic Code by Adding a New Subsection
(47b) Maynard Avenue to Section 541, Increasing Speed Limits in Certain Areas
(reducing speed limit from 25 mph to 15 mph for vehicles approaching the curve
along the 1900 block of Maynard Avenue)", be considered and passed for the
second and third times and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 5014.
135360 - Cole/Welper
that "an Ordinance amending the 2008 Traffic Code by Repealing Subsection (24)
Hammond Avenue of Section 2 of Section 582, Truck Traffic Prohibited on Certain
Streets; and enacting in lieu thereof a new Subsection (24) Hammond Avenue of
Section 2 of Section 582, Truck Traffic Prohibited on Certain Streets (allowing
trucks traveling to and from the Hawkeye Community College Regional
Transportation Training Center to travel along a portion of Hammond Avenue and
Shaulis Road)", be received, placed on file, considered and passed for the first
time. Ayes: Seven. Motion carried. Hart abstained
135361 - Cole/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried. Hart abstained
135362 - Cole/Welper
that "an Ordinance amending the 2008 Traffic Code by Repealing Subsection (24)
Hammond Avenue of Section 2 of Section 582, Truck Traffic Prohibited on Certain
Streets; and enacting in lieu thereof a new Subsection (24) Hammond Avenue of
Section 2 of Section 582, Truck Traffic Prohibited on Certain Streets (allowing
trucks traveling to and from the Hawkeye Community College Regional
Transportation Training Center to travel along a portion of Hammond Avenue and
Shaulis Road)", be considered and passed for the second and third times and
adopted. Ayes: Seven. Hart abstained
Ordinance adopted and upon approval by Mayor assigned No. 5015.
OTHER COUNCIL BUSINESS
135363 - Hart/Greenwood
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. in conjunction with F.Y. 2011 River Renaissance North Downtown Trail,
Contract No. 786, be received, placed on file and approved. Ayes: Seven.
Motion carried.
135364 - Hart/Welper
that plans, specifications, form of contract, etc. in conjunction with F.Y. 2011
River Renaissance North Downtown Trail, Contract No. 786, be received and placed
on file. Ayes: Seven. Motion carried.
135365 - Hart/Welper
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with F.Y. 2011 River Renaissance North Downtown
Trail, Contract No. 786", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-889.
135366 - Hart/Welper
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. and taking of bids as October 18, 2010 at 5:30 p.m. in the City
Hall Council Chambers with an Iowa Department of Transportation bid letting set
for October 19, 2010 on the F.Y. 2011 River Renaissance North Downtown Trail,
Contract No. 786", be adopted and City Clerk instructed to publish notice of
same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-890.
135367 - Getty/Cole
to instruct Contracts and Grants Coordinator to prepare plans, specifications,
form of contract, etc. in conjunction with Asbestos Removal at former Van Eaton
September 27, 2010 Page 12
Public School, Contract No. 137-AR-10-25-10-CDBG, be received, placed on file
and approved. Ayes: Seven. Motion carried.
135368 - Getty/Cole
that 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
received and placed on file. Ayes: Seven. Motion carried.
135369 - Getty/Cole
that "Resolution preliminarily approving 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: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-891.
135370 - Getty/Cole
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. and taking of bids as October 18, 2010 at 5:30 p.m. in the City
Hall Council Chambers on the Asbestos Removal at former Van Eaton Public School,
Contract No. 137-AR-10-25-10-CDBG", be adopted and City Clerk instructed to
publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-892.
ORAL PRESENTATIONS
135371 - Frieda Weems, last week at the September 20, 2010 meeting you stated that the
city had conducted and concluded an investigation regarding the issues arising
from the Human Rights Commissioner appointments. And I just wanted to know, we
want to know when that investigation would be made: public? And does that
investigation include specifically also the requested resignations of
Councilperson Cole and Abraham Funchess? And the complaint regarding Human
Rights Commission employee Rebecca Johnson? And when will the council, because
at the other meeting council said that they would review the rescinding of the
vote that was taken on September 7, 2010 regarding the Human Rights
Commissioners? The three votes and then the additional name that was added that
same day. When will the council address rescinding the vote?
Mayor Clark, in regards to Ms. Johnson that is an internal investigation and
there is an internal investigation going on, it's a city employee. That will
not be made public at any point in time when we find out what the results of
that are. Regarding all of your other questions there will be no further
investigation done on any of those items. That council is not going to rescind
the vote on Mr. Wood's nomination. So that investigation has been wrapped up.
I did send you a letter and it went to the wrong address. It got returned and
it's on my desk. I meant to bring it up here and give it to you. I forgot it,
it's on my desk and I would be glad to furnish that to you before we leave.
Ms. Weems, my question was I stated that what you had stated. You said last
week you had initiated an investigation and had concluded it and had your
findings. I'm saying when will that be made public? That investigation?
Mayor Clark, well it's a matter of public recods so if ...
Ms. Weems, it is a public record so where could we get those findings?
Mayor Clark, like I said I will give it to you before we leave tonight. It's on
my desk I just forgot to bring it up.
Ms. Weems, the investigation? The entire investigation? On those items that I
just listed?
Mayor Clark, my summary of those is on my desk.
Ms. Weems, no I'm saying for the public not for me. I'm not accepting a letter.
I'm saying the investigation, the formal investigation that you said the city
conducted and concluded. You said you had your findings and they were
confirmed.
Mayor Clark, I will be glad to give that to you and then you can make it public
if you'd like.
Ms. Weems, no when does the public get this? This investigation, where can the
public access this investigation?
Mayor Clark, well it will be on file in the Clerk's office.
• •
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September 27, 2010 Page 13
Ms. Weems, oh it will? When? Is it on file now?
Mayor Clark, tonight. Is the letter on file?
Ms. Weems, no not a letter the investigation? Not a letter to me an
investigation?
Mayor Clark, the letter that I have and have sent to you will be the findings.
That's all there is to it.
Ms. Weems, I'm talking about the investigation you stated last week. I didn't
state it you said the city investigated, that you had an investigation. You
said it was concluded and you had your findings. Where is that investigation?
And is that on file? Not a letter to me which I never received and I don't need
a letter from you. I don't know how, why you'd be sending me a letter. That's
all I'm asking, where is this investigation? And where can the public access
those findings? It's tax dollars correct? I :assume when using to conduct that
investigation?
Mayor Clark, my findings are in the form of a letter to you.
Ms. Weems, why to me? It's a public issue? Where is the investigation? It's
not a letter, its an investigation.
Mayor Clark, I don't have any further answer for you Ms. Weems. That is my
conclusion to the issue.
Ms. Weems, is there an investigation or was there a letter? Was there an
investigation?
Mayor Clark, yes and yes.
Ms. Weems, so where are the findings from the investigation?
Mayor Clark, your talking in circles here.
Ms. Weems, I'm not. You made the statement last week there was an investigation
you had concluded and you had your findings. I'm simply asking since its
taxpayer's dollars that obviously you used to conduct this investigation. We
have a right to know where are the findings? And where can we access them?
That's it.
Mayor Clark, for the last time my findings are in the form of a letter that was
drafted and sent to you. It was sent to the wrong address. It got sent there
and it's my apology.
Ms. Weems, why would you send me findings from a public issue?
Mayor Clark, I have no further answer to your questions. I have answered your
questions to the best of my ability that is the answer.
Ms. Weems, is there an investigation?
Mayor Clark, its over, its done.
Ms. Weems, I don't think you've answered that. You've answered that there's a
letter with a summary. Is there an investigation and who conducted the
investigation?
Mayor Clark, I did.
Ms. Weems, you conducted your own investigation?
Mayor Clark, yes.
Ms. Weems, in a week's time from September 7-20, 2010
Mayor Clark, I'm done answering questions regarding this issue Ms. Weems. I am
done.
Ms. Weems, you have an obligation to the public. When you made a statement you
said you had an investigation. I didn't say it you did. You made the
statement. You said you initiated. The city did an investigation. We have it
on record.
Mayor Clark, I said I did.
September 27, 2010 Page 14
Ms. Weems, you said the city did an investigation. We have it on record. And
you've concluded and you had your findings. Now I'm just asking, not a letter.
Because a letter was brought up after that fact on that meeting. So we are
talking about two different issues actually. If you want to be specific. The
letter came up, you were telling me you sent me a letter that obviously been
sent before you even addressed the investigation. So we are talking about two
different things. There is no way your letter could have addressed a summary of
an investigation that just came up the same day that your talking about the
letter.
Mayor Clark, I am done answering your questions, I'm done.
Ms. Weems, you can't be done. You have an obligation. You can say your done
but it doesn't end there. You have an obligation. We're requesting that, I
just want that on the record that you weren't able to give any information to
either tell the public or we can go get this information. Or you don't have it.
Either one. I mean you said what your gonna do. You can do what you want to
do.
Mayor Clark, thank you and I am done answering your questions.
Ms. Weems, so there is no investigation?
Mayor Clark, it is over, it is done.
Ms. Weems, I'm not clear on that. Was there a document or not?
Mayor Clark, I'm done. There is no document other than my letter.
Getty/Cole
that the above oral comments be received and placed on file. Ayes: Seven.
Motion carried.
ADJOURNMENT
135372 - Getty/Cole
that the Council adjourn at 6:38 p.m. Ayes: Seven. Motion carried.
Suzy .c ares
City Clerk
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