HomeMy WebLinkAboutMinutes-02/21/2011February 21, 2011
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, February 21, 2011. Mayor Ernest G.
Clark in the Chair. Roll Call: Cole, Jones, Greenwood, Schmitt, Welper, Hart. Absent:
Getty.
Moment of Silence.
Pledge of Allegiance: Brad Hagen, Airport Director.
135969 - Hart/Schmitt
that the Agenda, as amended moving item #5 to the consent agenda as 1.a.5, for
the Regular Session on Monday, February 21, 2011, at 5:30 p.m., be accepted and
approved. Ayes: Six. Absent: Getty. Motion carried.
135970 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, February 14,
2011, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Getty.
Motion carried.
Mike Messina, MidAmerican Energy, presented of check in the amount of $20,000.00
for the Trees Please! Program.
Mayor Clark read a Proclamation declaring Sunday, February 27, 2011 as Roosevelt
Taylor Day.
Captain Rob, Salvation Army, presented Mayor with the first annual trophy of the
Battle of Bell.
Mayor Clark recognized Mary Peterson as the February Team Member of the Month.
CONSENT AGENDA
135971 - 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. 1-84, dated February 21, 2011, in
the amount of $1,199,412.65, 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. 2011-117.
2. Request of Love Cedar Valley Organization to hold Annual Love Cedar Valley
Kindness Explosion Day event to be held on Saturday, April 2, 2011 at
Sullivan Park from 12:00 p.m. to 1:30 p.m. -Submitted by Daniel J. Trelka,
Chief of Police.
Resolution adopted and upon approval by Mayor assigned No. 2011-118.
3. Request of Cheryl Davidson and John Clark for a variance to the Noise
Ordinance on Saturday, July 30, 2011 from 2:00 p.m. to 8:00 p.m. in
conjunction with Clark/Davidson/Field Family Reunion event to be held at
Byrnes Park including a DJ and the use of a PA system, together with
recommendation of approval of Chief of Police.
Resolution adopted and upon approval by Mayor assigned No. 2011-119.
4. Acceptance of Acknowledgment/Settlement Agreement in the amount of
$1,500.00 with CVS Pharmacy 8544 of 2060 Crossroads Boulevard, for sale of
tobacco, tobacco products or cigarettes to persons under 18 years of age -
Submitted by David R. Zellhoefer, Assistant City Attorney.
Resolution adopted and upon approval by Mayor assigned No. 2011-120.
5. Acceptance of Acknowledgement/Settlement Agreement in the amount of
$300.00 with XO Food & Liquor of 428 Franklin Street, for sale of tobacco,
tobacco products or cigarettes to persons under 18 years of age -Submitted
by David R. Zellhoefer, Assistant City Attorney.
Resolution adopted and upon approval by Mayor assigned No. 2011-121.
February 21, 2011 Page 2
b. Motion to approve the following:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Travel Requests
Name &
Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Mohammad
Elahi,
Traffic
Engineer
12th Annual ITS
Heartland
Meeting
West Des
Moines,
Iowa
March
28-30,
2011
$360.00
Aric
Schroeder,
City
Planner
Attend Main
Street Board
Lunches
Waterloo,
Iowa
$120.00
Bob Osgood,
Chief
Plumbing
Inspector
Mechanical Code
Update,
Mechanical
Discipline, 4
hour OSHA,
Plumbing Code
Discipline
Cedar
Falls, Iowa
February
9 & 12,
2011;
March
22, 2011
$396.00
Brian
Baker,
Chief
Mechanical
Inspector
Plumbing Code &
Discipline
Cedar
Falls, Iowa
March
22, 2011
$119.00
Tim Moyer,
Chief
Electrical
Inspector
Mechanical
Inspector
Certification
Exam
Des Moines,
Iowa
February
16, 2011
$160.00
Kent
Shankle,
Curator or
Elizabeth
Andrews,
Registrar
as an
alternate
Return
exhibition of
works by Karl
Zerbe to lender
Sarasota,
Florida
March 7-
12, 2011
$1,480.00
Wayne
Castle,
Associate
Engineer
Society of Land
Surveyors of
Iowa Annual
Conference
Ames, Iowa
March
10-11,
0211
$280.44
Suzy
Schares,
City Clerk
IIMC Annual
Conference
Nashville,
Tennessee
May 6-
13, 2011
$2,500.00
Wayne
Castle,
Associate
Engineer
Iowa Water
Conference
Ames, Iowa
March 7-
8, 2011
$220.44
Liquor License Permit Application
Class C
10.E1 Senor Tequila Nightclub, 118-120 E. 11th Street (Renewal) (Expires
2/19/12) (Includes Sunday Sales)
11.Amalgamated Local 838 UAW, 2615 Washington Street (Renewal)
(Expires 2/29/12)
Native Wine License Permit Application
Class B
12.Kwik Star #724, 1105 Cedar Bend Drive (Renewal) (Expires 7/21/11)
(Includes Sunday Sales)
13.Bonds
c. Motion to deny the following:
Liquor License Permit Application
Class C
1. Club Fever, 313 W. 5th Street (New) (Expires 2/1/12) (Includes Sunday Sales
& Catering Privilege)
Councilperson Schmitt, given the conversations we typically have on liquor
licenses if maybe we could have the Director of Safety Services talk a little
bit about the motion to deny. I know we all have got that information I was
just thinking the community in general might find some interest in that.
February 21, 2011 Page 3
Dan Trelka, Director of Safety Services, there are three reasons why we are
recommending this denial. One is the money owed to the city for past fines and
forfeitures. There were issues with the application that failed to mention any
past criminal proceedings against the applicant. And past violations when these
particular individuals ran the business last. That included under age drinking,
under age individuals on the premises and such.
Ayes: Six. Absent: Getty. Motion carried.
PUBLIC HEARINGS
135972 - Schmitt/Welper
that proof of publication of notice of public hearing on Request by the City of
Waterloo to vacate 60' x 465' unopened portion of Regent Street, and 60' x 425'
unopened portion of Campbell Avenue directly to the west of the intersection of
Campbell Avenue and Alice Avenue, as published in the Waterloo Courier on
February 17, 2011, be received and placed on file. Ayes: Six. Absent: Getty.
Motion carried.
135973 - 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. Ayes: Six. Absent: Getty. Motion carried.
135974 - Schmitt/Welper
that "an Ordinance vacating 60' x 465' unopened portion of Regent Street, and
60' x 425' unopened portion of Campbell Avenue directly to the west of the
intersection of Campbell Avenue and Alice Avenue", be received, placed on file,
considered and passed for the first time. Ayes: Six. Absent: Getty. Motion
carried.
135975 - Schmitt/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Getty. Motion carried.
135976 - Schmitt/Welper
that "an Ordinance vacating 60' x 465' unopened portion of Regent Street, and
60' x 425' unopened portion of Campbell Avenue directly to the west of the
intersection of Campbell Avenue and Alice Avenue", 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. 5027.
135977 - Greenwood/Schmitt
that proof of publication of notice of public hearing on MidAmerican Energy
Company Electric System Franchise Agreement, as published in the Waterloo
Courier on February 17, 2011, be received and placed on file. Ayes: Six.
Absent: Getty. Motion carried.
135978 - 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. Ayes: Six. Absent: Getty. Motion carried.
135979 - Greenwood/Schmitt
that "an Ordinance granting MidAmerican Energy Company, its successors and
assigns, the right and non-exclusive franchise to acquire, construct, erect,
maintain and operate in the City of Waterloo, Iowa an electric system and
communications facilities; and to furnish and sell electric energy to the city
and its inhabitants; and authorize the city to collect franchise fees for a
period of 10 years", be received, placed on file, considered and passed for the
first time. Ayes: Six. Absent: Getty. Motion carried.
135980 - 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.
February 21, 2011
135981 - Greenwood/Schmitt
Page 4
that "an Ordinance granting MidAmerican Energy Company, its successors and
assigns, the right and non-exclusive franchise to acquire, construct, erect,
maintain and operate in the City of Waterloo, Iowa an electric system and
communications facilities; and to furnish and sell electric energy to the city
and its inhabitants; and authorize the city to collect franchise fees for a
period of 10 years", 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. 5028.
135982 - Hart/Welper
that proof of publication of notice of public hearing on MidAmerican Energy
Company Natural Gas System Franchise Agreement, as published in the Waterloo
Courier on February 17, 2011, be received and placed on file. Ayes: Six.
Absent: Getty. Motion carried.
135983 - 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. Ayes: Six. Absent: Getty. Motion carried.
135984 - Hart/Welper
that "an Ordinance granting MidAmerican Energy Company, its successors and
assigns, the right and non-exclusive franchise to acquire, construct, erect,
maintain and operate in the City of Waterloo, Iowa a natural gas system to
furnish and sell natural gas to the city and its inhabitants; and authorize the
city to collect franchise fees for a period of 10 years", be received, placed on
file, considered and passed for the first time. Ayes: Six. Absent: Getty.
Motion carried.
135985 - Hart/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Getty. Motion carried.
135986 - Hart/Welper
that "an Ordinance granting MidAmerican Energy Company, its successors and
assigns, the right and non-exclusive franchise to acquire, construct, erect,
maintain and operate in the City of Waterloo, Iowa a natural gas system to
furnish and sell natural gas to the city and its inhabitants; and authorize the
city to collect franchise fees for a period of 10 years", 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. 5029.
RESOLUTIONS
135987 - Schmitt/Welper
that "Resolution approving Memorandum of Understanding with Quakerdale Child
Welfare Emergency Services -Submitted by Daniel J. Trelka, Director of Safety
Services", be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2011-122.
135988 - Schmitt/Welper
that "Resolution approving the acceptance of Vision Iowa/CAT Marketing grant
from Iowa Department of Economic Development in the amount of $15,000.00, to be
used for Phelps Youth Pavilion advertisement costs -Submitted by Cammie Scully,
Director of Waterloo Center for the Arts", be adopted. Ayes: Six. Absent:
Getty.
Resolution adopted and upon approval by Mayor assigned No. 2011-123.
February 21, 2011 Page 5
135989 - Schmitt/Welper
that "Resolution approving the acceptance of a Waterloo Convention/Visitors
Bureau Hotel/Motel grant in the amount of $3,000.00, to be used for Master
Artists of the Bahamas Symposium & Exhibition -Submitted by Cammie Scully,
Director of Waterloo Center for the Arts", be adopted. Ayes: Six. Absent:
Getty.
Resolution adopted and upon approval by Mayor assigned No. 2011-124.
135990 - Welper/Hart
that "Resolution approving the acceptance of a Waterloo Convention/Visitors
Bureau Hotel/Motel grant in the amount of $10,000.00, to be used for Phelps
Youth Pavilion & Holiday Arts Festival marketing -Submitted by Cammie Scully,
Director of Waterloo Center for the Arts", be adopted. Ayes: Six. Absent:
Getty.
Resolution adopted and upon approval by Mayor assigned No. 2011-125.
135991 - Welper/Hart
that "Resolution approving Convention & Visitors Bureau board recommendation for
reinstating FY11 hotel/motel tax grant funding for Kiwanis Club for securing Air
Show in the amount of $10,000.00 -Submitted by Aaron Buzza, Executive Director of
Waterloo Convention & Visitors Bureau", be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2011-126.
135992 - Welper/Hart
that "Resolution approving Professional Services Agreement with AECOM Technical
Services, Inc. in the amount of $29,500.00 in conjunction with F.Y. 2011
Biennial Bridge Inspections; and authorize Mayor to execute said document -
Submitted by W. Wayne Castle, PLS, EI, Associate Engineer", be adopted. Ayes:
Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2011-127.
135993 - Cole/Hart
that "Resolution approving Notice of Intent for NPDES Coverage Under General
Permit to the Iowa Department of Natural Resources in conjunction with F.Y. 2011
MidPort Boulevard Extension - Phase II, Contract No. 802; and authorize Mayor to
execute said document -Submitted by Jeff Bales, Associate Engineer", be adopted.
Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2011-128.
135994 - Cole/Hart
that "Resolution approving request to submit Early Reinsurance Program
Application to the U.S. Department of Health and Human Services -Submitted by
Suzy Schares, City Clerk", be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2011-129.
135995 - Cole/Hart
that "Resolution approving the acquisition of Baltimore Field, Williston Field
and the former Lincoln School site from the Waterloo Community Schools in the
amount of $1.00 each, with closing costs estimated at $400.00 -Submitted by Noel
Anderson, Community Planning & Development Director", be adopted. Ayes: Six.
Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2011-130.
135996 - Cole/Hart
that "Resolution setting date of hearing as March 7, 2011 to approve the sale of
a 657A property located at 261 Cottage Grove to Roger and Hope Knebel for
$6,251.00; and instruct City Clerk to publish said notice -Submitted by Chris
Western, City Planner II", be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2011-131.
February 21, 2011 Page 6
ORDINANCES
135997 - Hart/Welper
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo,
Iowa, by Adding a new Article C, Post -Construction Storm Water Management, of
Chapter 4, Storm Water Management Program, of Title 8, Public Utilities", be
considered and passed for the third time and adopted. Ayes: Six. Absent:
Getty.
Ordinance adopted and upon approval by Mayor assigned No. 5030.
OTHER COUNCIL BUSINESS
135998 - Schmitt/Welper
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. in conjunction with F.Y. 2011 Asphalt Overlay Program, Contract No. 796, be
received, placed on file and approved. Ayes: Six. Absent: Getty. Motion
carried.
135999 - Schmitt/Welper
that plans, specifications, form of contract, etc. in conjunction with F.Y. 2011
Asphalt Overlay Program, Contract No. 796, be received and placed on file.
Ayes: Six. Absent: Getty. Motion carried.
136000 - Schmitt/Welper
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with F.Y. 2011 Asphalt Overlay Program, Contract
No. 796", be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2011-132.
136001 - Schmitt/Welper
that "Resolution setting date of hearing and bid opening as March 7, 2011 and
instructing City Clerk to publish notice of plans, specifications, form of
contract, etc. in conjunction with F.Y. 2011 Asphalt Overlay Program, Contract
No. 796", be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2011-133.
ORAL PRESENTATIONS
None
ADJOURNMENT
136002 - Hart/Cole
that the Council adjourn at 5:58 p.m. Ayes: Six. Absent: Getty. Motion
carried.
Suzy Sch1res
City Clerk