HomeMy WebLinkAboutMinutes-01/03/2011January 3, 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, January 3, 2011. Mayor Ernest G.
Clark in the Chair. Roll Call:
Moment of Silence.
Pledge of Allegiance: Daniel J. Trelka, Chief of Police.
135769 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, January 3,
2011, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood.
Motion carried.
135770 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, December 20,
2010, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood
Motion carried.
CONSENT AGENDA
135771 - 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. 1-58, dated January 3, 2011, in
the amount of $2,490,094.11, 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. 2011-1.
2. Request of Financial Resource Advisors for a variance to the Noise
Ordinance on June 12, 2011 starting at 10:00 a.m. in conjunction with Car
and Motorcycle Show to be held at 816 West Tower Park Drive including DJ
and the use of a PA system, together with recommendation of approval of
Chief of Police -Submitted by Daniel J. Trelka, Chief of Police.
Resolution adopted and upon approval by Mayor assigned No. 2011-2.
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
Wayne Castle,
Associate
Engineer
SLSI Workshop
Ames, Iowa
January
21, 2011
$120.00
Joel Shepard,
Building
Maintenance
National
Electrical Code
Class
Albert Lea,
Minnesota
November
20, 2010
$147.50
Bob Stringer,
Human
Resources
Director
NPELRA 2011
Annual Training
Conference
San Diego,
California
March 20-
24, 2011
$2,435.32
Rich Warren
and Allynn
Howe,
Consultants
for Government
Relations
Consultants
Travel to
Waterloo for
the application
of projects for
potential
federal funding
Waterloo,
Iowa from
Washington,
DC
July 26-
27, 2011
$938.00
Mark Suchy,
Golf
Maintenance
III
Iowa Turfgrass
Conference and
Tradeshow
Des Moines,
Iowa
January
18-20,
2011
$180.00
January 3, 2011
6.
Page 2
Tom Klein,
Iowa Turfgrass
Des Moines,
January
$130.00
Golf
Conference and
Iowa
19-20,
Maintenance
Tradeshow
2011
III
Beer License Permit Application
Class C
7. Ali's West Side Liquor, 919 W. 5th Street (Renewal) (Includes Sunday Sales)
Liquor License Permit Application
Class C
8. Roux Orleans Bourre Lounge, Sky Event Centre, 501 Sycamore Street
(Renewal) (Includes Sunday Sales)
9. Spicoli's, 3555 University Avenue (Renewal) (Includes Sunday Sales)
10.The Locker Room Lounge, 1918 Hawthorne Avenue (Renewal) (Includes Sunday
Sales)
Liquor License Permit Application
Class E
11.Ali's West Side Liquor, 919 W. 5th Street (Renewal) (Includes Sunday Sales)
Wine License Permit Application
Class B
12.Ali's West Side Liquor, 919 W. 5th Street (Renewal) (Includes Sunday Sales)
Outdoor Service Area Application
13.Spicoli's, 3555 University Avenue
14.The Locker Room Lounge, 1918 Hawthorne Avenue (Renewal)
Ayes: Ayes: Six. Absent: Greenwood. Motion carried. Mr. Schmitt abstained on
the payment to Schmitt Telecom in the amount of $107.50.
Mayor Clark announced that the Cultural and Arts Commission appointments
suggested by the Board and Commission committee were inadvertently not placed on
the consent agenda and will be placed on next week's agenda.
RESOLUTIONS
135772 - Schmitt/Welper
that "Resolution approving support of an application from Waterloo Development
Corporation to the Iowa Department of Economic Development for a $5,000,000.00
Community Attraction and Tourism (CAT) Grant and committing financial support in
the amount of $1,984,192.61 in conjunction with the Cedar Valley Sportsplex
Project; and authorize Mayor to execute said document -Submitted by Paul Huting,
Leisure Services Director", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-3.
135773 - Schmitt/Welper
that "Resolution naming depositories for the City of Waterloo and rescind
Resolution No. 2010-1 in its entirety -Submitted by Michelle Weidner, Chief
Financial Officer", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-4.
135774 - Schmitt/Welper
that Change Order No. 3 for a net decrease of $5,932.34 for work performed by
Peters Construction Corp. of Waterloo, Iowa in conjunction with 2009 Waterloo
Boat House Project; and authorize Mayor to execute said document -Submitted by
Rick Curran, Leisure Services Facilities Manager, be received, placed on file
and approved. Ayes: Six. Absent: Greenwood. Motion carried.
135775 - Cole/Welper
that "Resolution approving Certificate of Substantial Completion to Peters
Construction Corp. of Waterloo, Iowa in the amount of $856,883.19 in conjunction
with 2009 Waterloo Boat House Project; and authorize Mayor to execute said
document -Submitted by Rick Curran, Leisure Services Facilities Manager", be
adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-5.
January 3, 2011 Page 3
135776 - Cole/Welper
that "Resolution approving Certificate of Substantial Completion to Huff
Contracting of Waterloo, Iowa in the amount of $297,601.00 in conjunction with
2010 Young Arena Expansion -Phase I; and authorize Mayor to execute said
document -Submitted by Rick Curran, Leisure Services Facilities Manager", be
adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-6.
135777 - Cole/Welper
that "Resolution setting date of hearing as January 18, 2011 to approve the
request of Suresh and Rupa Reddy to rezone from "A-1" Agricultural District to
"R-4" Multifamily Residence District approximately 7.48 acres generally located
south of 6015-6220 Donegal Circle for the purpose of constructing apartments
that will serve the students at Hawkeye Community College; and rescind Ordinance
No. 5021 in its entirety -Submitted by Noel Anderson, Community Planning &
Development Director", be adopted and City Clerk instructed to publish notice of
same. Ayes: Five. Absent: Greenwood. Abstain: Hart.
Resolution adopted and upon approval by Mayor assigned No. 2011-7.
135778 - Getty/Cole
that "Resolution setting date of hearing as January 18, 2011 to approve the
request of Union Baptist Church to rezone from "R-2" One and Two Family
Residence District to "C -1,C -Z" Conditional Zoning District approximately 1.29
acres generally located south of 130 Jackson Street for the purpose of
constructing 79 individual mini storage units -Submitted by Noel Anderson,
Community Planning & Development Director", be adopted and City Clerk instructed
to publish notice of same. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-8.
135779 - Jones
requested the item be tabled to further explore the opposition to the
development. The motion failed for lack of second.
Councilperson Schmitt, I was at the Planning & Zoning meeting. I know that
there was concern about that but this is setting the hearing for two weeks out.
This is just to set the hearing.
Chris Western, Planner II, I just learned today Ms. Alexander was one of the
residents who lives directly to the east of the site proposed for the mini
storage. It sounds like they didn't realize the magnitude of the development.
They thought it was just a personal storage for the church and didn't realize it
was going to be a business. So they are a little concerned. So if you are just
to set the date of hearing over the two weeks we can maybe make sure the church,
the neighbors and staff get together to try to work something out. If that can
be done. But there was some concern with having a business directly across the
street.
Mayor Clark, well tonight we are taking no action other than setting a date of
hearing. And the hearing will be for the neighbors.
Councilperson Hart, could we talk tomorrow about this and see what we can do to
get folks together over there next week to have some conversation about it?
Mr. Western, yes we can.
OTHER COUNCIL BUSINESS
135780 - Hart/Welper
to instruct Airport Direct to prepare plans, specifications, form of contract,
etc. in conjunction with Replacement of Livingston Hangar Windows at Waterloo
Regional Airport, be received, placed on file and approved. Ayes: Six. Absent:
Greenwood. Motion carried.
135781 - Hart/Welper
that plans, specifications, form of contract, etc. in conjunction with
Replacement of Livingston Hangar Windows at Waterloo Regional Airport, be
received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion
carried.
January 3, 2011 Page 4
135782 - Hart/Welper
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with Replacement of Livingston Hangar Windows at
Waterloo Regional Airport", be adopted. Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-9.
135783 - Hart/Welper
that "Resolution setting date of hearing and bid opening on plans,
specifications, form of contract, etc. as January 18, 2011 and City Clerk
instructed to publish notice of same", be adopted. Ayes: Six. Absent:
Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-10.
ORAL PRESENTATIONS
Ryan Madison, 650 Dawson Street, a month ago today I came in front of the
council and gave a whole bunch of print outs and stuff like that. I felt I was
pretty organized but I have not received a response back on that information
that I gave you. Pretty much showing that you guys, I don't want to use the
word, but you wrongfully granted New World Lounge a new license. Because
according to the documents and the affidavit that they signed and then also the
general regulations. By pulling the permit after the ordinance was signed and
then pulling a permit on January 15, 2010 for a some of a little bit over
$23,000.00. Which gave them the ability to alter the structure that made them
subject to the new ordinance of which said they can not be within, even as a
restaurant, 100 feet of a house, church, park or recreation facility. I talked
to several lawyers and you said you were going to get back to me. I have not
received a response on that.
Mayor Clark, there was quite a bit of research done by our city attorney and
there was a lengthy letter that was drafted. I think it was sent to you the
middle of last week. I have a copy of it and you were sent a copy. It could be
because of the holidays that you haven't gotten it but it was last week that
there was a finding.
Noel Anderson, Community Planning & Development Director, it was either sent
Thursday or Friday of last week. It may have even went out today.
Mayor Clark, it came across my desk last week so there is a copy and you will
receive an official document from the city that has the lengthy answer for you.
Mr. Madison, okay. Secondly, it was brought to my attention that the council
has the ability to give someone to do an audit and that has not been done. As a
representative of the Riverfront Neighborhood Association I would bestow the
council to actually give him a chance to do an audit. Especially after New
Year's Eve to do an audit to see what their finding is on how much alcohol they
actually selling to actually make them a "restaurant". And hopefully that audit
could be done and made public as soon as possible. Because we would really like
to see how much alcohol they're really selling versus food. And also I think
maybe you guys should possibly put together a board or commission to help
oversee these types of establishments. Especially on this side of the
neighborhood because they are starting to get bombarded and just drop anywhere
they feel free to do so.
Mayor Clark, you first request I will certainly look into and see what our
limitations are to do that. The second one I think we are becoming much more
cognizant of where licenses go. I know the city clerk and I have had many
conversations as far as being more stringent on our requirements to the ability
that we have to limit liquor licenses both on and off sale all over the city.
Not just on the east side but we're really trying very hard to be stricter to
those licenses to the limit that we can. And I will definitely get with the
city attorney and see what our limitations and abilities are to do a financial
audit based on what our ordinance reads.
135784 - Cole/Hart
that the above oral comments be received and placed on file. Ayes: Six.
Absent: Greenwood. Motion carried.
January 3, 2011 Page 5
ADJOURNMENT
135785 - Cole/Hart
that the Council adjourn at 5:46 p.m. Ayes: Six. Absent: Greenwood. Motion
carried.
Suzy jc ares
City Clerk