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HomeMy WebLinkAboutMinutes-01/24/2011January 24, 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 24, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Schmitt, Welper, Hart. Absent: Greenwood. Moment of Silence. Pledge of Allegiance: Sheryl Groskurth, Library Director. 135865 - Hart/Schmitt that the Agenda, as amended moving item #5 to the consent agenda, for the Regular Session on Monday, January 24, 2011, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 135866 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, January 18, 2011, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. CONSENT AGENDA 135867 - 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. 1-61, dated January 24, 2011, in the amount of $1,413,683.26, 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. 2011-49. 2. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00 with Spicoli's Grill of 3555 University Avenue, 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. 2011-50. b. Motion to approve the following: 1. 2. 3. 4. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Rich Warren and Allynn Howe, Consultants for Government Relations Travel to Waterloo for the application of projects for potential federal funding Waterloo, Iowa July 25- 26, 2011 $951.00 Todd Derifield, City Forester 65th Annual Conference and Trade Show of the Midwestern Chapter of the International Society of Arboriculture La Vista, Nebraska January 26-28, 2011 $370.00 Ryan Mahood, Josh Heller, Neal Caughron, Mike Schipper, Dave Jenson - Members of Weapons of Mass Destruction Team Weapons of Mass Destruction Lanes training Des Moines, Iowa January 18-19, 2011 $839.40 Tim Moyer, Chief Electrical Inspector Plumbing Exam Des Moines, Iowa January 24, 2011 $200.00 January 24, 2011 5. 6. 7. 8. Page 2 Officer Steve Bose K9 Drug Detection Enhancement Course Johnston, Iowa March 20-25, 2011 $723.00 Lieutenant Lisa Campbell Glacken and Associates Background Investigation for Public Safety St. Paul, Minnesota March 13-15, 2011 $788.00 Investigator Stacy Hesse Internet Crimes Against Children Special Investigative course Meridan, Connecticut April 25-28, 2011 $400.00 Sergeant Keith Rogers; Investigator Stacy Hesse Internet Crimes Against Children Digital Evidence Ankeny, Iowa March 8- 10, 2011 $720.00 9. Recommendation of appointment of Elizabeth Andrews to the position of Registrar at the Waterloo Cultural and Arts Center, effective February 1, 2011 -Submitted by Cammie Scully, Waterloo Cultural and Arts Commission 10.Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date Sandra Wright Public Housing Program January 2013 New or Re - Appointment New Appointment Corinna Dillon Section 8 Program January 2013 New Appointment Liquor License Permit Application Class C 11.Rumors, 229 E. 4th Street (New) (Expires 1/18/12) (Includes Sunday Sales) Ayes: Six. Absent: Greenwood. Motion carried. Mayor Clark introduced Elizabeth Andrews as Register at Waterloo Cultural and Arts Center and Sandra Wright as a new appointment on the Public Housing Program. PUBLIC HEARINGS 135868 - Schmitt/Welper that proof of publication of notice of public hearing on Quit Claim Deed for property located at the southwesterly corner of Jefferson and West 11th Streets, as published in the Waterloo Courier on January 20, 2011, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 135869 - 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: Greenwood. Motion carried. 135870 - Schmitt/Welper that "Resolution authorizing Mayor and City Clerk to execute said Quit Claim Deed; and authorize City Attorney to prepare and deliver deed accordingly", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-51. 135871 - Hart/Schmitt that proof of publication of notice of public hearing on 2011 Golf & Downtown Area Maintenance Turf Equipment, as published in the Waterloo Courier on January 20, 2011, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. January 24, 2011 Page 3 135872 - 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: Greenwood. Motion carried. 135873 - Hart/Welper that "Resolution confirming approval of specifications, bid document, etc. in conjunction with 2011 Golf & Downtown Area Maintenance Turf Equipment", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-52. 135874 - Hart/Welper that "Resolution authorizing to proceed in conjunction with 2011 Golf & Downtown Area Maintenance Turf Equipment", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-53. 135875 - Hart/Welper to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Ayes: Six. Absent: Greenwood. Motion carried. 135876 - 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. Ayes: Six. Absent: Greenwood. Motion carried. Van Wall/Great American Waterloo Implement JD 2653B Utility Mower 27,842.00 N/B JD 2500B Greens Mower 29,090.00 N/B JD1200A Bunker Rake 11,006.00 N/B JD Gator TX Utility Vehicle 7,817.00 N/B JD Gator TE (Electric) Electric Utility Vehicle 9,576.00 8,313.00 JD Aercore 800 Greens Aerifier 15,150.68 N/B JD 1565 Outfront Mower N/B 24,172.35 JD 2030A Pro Gator 21,111.00 N/B JD 4520 Utility Tractor N/B 41,186.55 Trade Values: JD Utility Mower 1,250.00 N/B JD 1200A Bunker Rake 1,750.00 N/B JD Turf Gator 1 2,000.00 1,500.00 JD Turf Gator 2 2,000.00 1,800.00 JD Aercore 800 #1 500.00 N/B JD Aercore 800 #2 2,500.00 N/B JD Greens Mower 1 4,500.00 N/B JD Greens Mower 2 3,500.00 N/B Ayes: Six. Absent: Greenwood. Motion carried. 135876 - 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. Ayes: Six. Absent: Greenwood. Motion carried. January 24, 2011 135877 - Getty/Hart Page 4 that "Resolution ordering civil penalty in the amount of $300.00 for said first violation; and authorize Mayor and City Clerk to execute said document in conjunction with First violation of Waterloo Code of Ordinance, Sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age for AS Petroleum located at 127 Jefferson Street", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-54. RESOLUTIONS 135878 - Schmitt/Hart that "Resolution approving Convention and Visitors Bureau Board recommendations for funding Iowa Lions Club State Convention hotel/motel mini -grant request in the amount of $3,000.00 to be used for the honorarium for the keynote speaker - Submitted by Aaron Buzza, Executive Director of Waterloo Convention & Visitors Bureau", be adopted. Ayes: Six. Absent: Greenwood. Councilperson Welper, this is going to take place June 2-5, 2011. I raised the issue a couple of weeks ago about the condition of the Five Sullivan Brothers Convention Center and that the building and grounds should probably do a walk through. On Thursday, January 27, 2011 we, Craig Clark, Interim Building Official/Maintenance Administrator and Joel Shepard, Maintenance of the Five Sullivan Brothers Convention Center and myself, took a tour and there are some items that I believe we want to get taken care of prior to the Lions coming for their convention. I would ask that we do a work session or something next week as to what we can share with you as to what we found and what we feel needs to be dealt with prior to the Lions Convention. Mayor Clark, well we probably can't have it next week because we don't have a meeting next week. We will get it as soon as possible. Councilperson Welper, yes as soon as possible because we are down to five months. Councilperson Cole, might I suggest that it would be more intelligent to go over there and look at it. Maybe have our work session there. Mayor Clark, well its certainly an idea. Councilperson Cole, well what needs paint? Councilperson Welper, its more floor and cleaning than it is anything else. There is some electrical needs as well but Craig is onto that already. Mayor Clark, yes well Craig talked to me this morning about it and we kind of got into there is some pressing need. Councilperson Welper, yes there is some things that need to be repaired. Mayor Clark, okay then we will do that. Resolution adopted and upon approval by Mayor assigned No. 2011-55. 135879 - Schmitt/Hart that "Resolution approving License Agreement with Trail Blazers, Inc. for the construction of a storage building at Riverview Recreation Area; and authorize Mayor and City Clerk to execute said document -Submitted by Paul Huting, Leisure Services Director", be adopted. Ayes: Six. Absent: Greenwood. Councilperson Welper, I was surprised with the building. I see it goes before the Board of Adjustment tomorrow, that we would be allowed to put a building up in the floodway. Aric Schroeder, City Planner, it does require the Board of Adjustment approval and the DNR approval because it is a designated floodway. The reason that I think it has some merit and that it may be able to get that approval is that despite that being designated as a floodway the ground elevations of the site are well above the calculated 100 year flood plain. I don't have it in front of me but I think its like something like 6 feet higher. There's a natural high spot just to the northeast of the pollution control facility that the floodplain maps when they were originally developed were based off of U.S. GS maps that have 10 foot contour intervals. So they weren't real precise so you get a small area that's high and the maps could miss that easily. So although it's coded as being in the floodway it has ground elevations that would warrant it to be out. January 24, 2011 Page 5 So it still needs the Board of Adjustment approval and DNR but because of that fact there is a pretty good chance. Resolution adopted and upon approval by Mayor assigned No. 2011-56. 135880 - Schmitt/Hart that "Resolution approving Contract for the Disaster Recovery Business Rental Assistance Program for Clark, Butler, Walsh and Hamann, P.C. at 315 E. 5th St, in the amount of $50,000.00; Invision Architecture, LTD at 501 Sycamore St, in the amount of $50,000.00 and Salon 224, LLC at 224 E. 4th St, in the amount of $7,800.00; and authorize Mayor to execute said documents -Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Six. Absent: Greenwood. Councilperson Hart, so are we done now or is there still a couple more? Noel Anderson, Community Planning & Development Director, the deadline was December 31, 2010 and I'm not sure if we are still processing some or not. Aric Schroeder, City Planner, I'm not sure on the exact number but it's a very small number maybe three or four that are still hanging out there that their application was turned in on time but they don't have all of the required documentation. Shane Graham is working with them to get the required documentation. But we are very close to being done with that program. Mayor Clark, after the deadline and they have their filing done is there another deadline to have this done or not really? Mr. Schroeder, no the state just had the deadline for the applications but did not give a deadline for when we have to have everything turned in. They basically said each community could decide that for themselves so we'll work with the businesses a little bit longer but at some point we have to, if they can't get the documentation, cut it off. Mr. Anderson, and just as a reminder the process we have been following with these is we've been actually gathering the information and making sure we have it, forwarding it to the state for their review and preliminary approval, and then coming back for final approval with us. Resolution adopted and upon approval by Mayor assigned No. 2011-57. 135881 - Cole/Hart that Change Order No. 1 for a net increase of $54,200.00 for work performed by Halvorson Trane Services, Inc. of Clive, Iowa in conjunction with City of Waterloo Smart Controls for City Buildings; and authorize Mayor to execute said document -Submitted by Craig Clark, Interim Building Official/Maintenance Administrator, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 135882 - Cole/Hart that Change Order No. 7 for a net increase of $29,500.00 for work performed by Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2010 River Renaissance Lower Plaza, Contract No. 763; and authorize Mayor to execute said document -Submitted by Jamie Knutson, P.E., Associate Engineer, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. Councilperson Jones, the background information says the Waterloo Fire Department requested the additional standpipe hydrant connections after completion of design and bidding of project. I didn't get time to research that but I was curious as to why the delay in that and how much more that cost us because of that delay. Eric Thorson, City Engineer, I'm not really sure why they didn't notice that sooner but it came up during one of their reviews during the construction. And then they asked that those be added so that it's easier to fight a fire on top of the levy and upper plaza area. We went through quite a number of different scenarios with the designers and with the contractor to try to come up with the most cost effective way to do that. Some of the early costs were up in the $50,000.00 to $60,000.00 range. But working with fire rescue and the contractor we were able to come to an agreement to put it in to a lesser cost which is what you see before you tonight. Mayor Clark, why it wasn't caught in the original design I don't know. I asked the exact same questions and almost the exact same words. But it is needed and like Eric said we went through several different scenarios to get it as cheaply as we possibly could to satisfy the code. January 24, 2011 135883 - Cole/Hart Page 6 that Change Order No. 1 for a net decrease of $89,716.95 for work performed by B & B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2011 Sidewalk Repair Assessment Program - Zone 10, Contract No. 781 -Submitted by Wayne Castle, PLS, EI, Associate Engineer, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 135884 - Hart/Schmitt that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by B & B Builders and Supply of Waterloo, Iowa at a total cost of $94,762.00 in conjunction with F.Y. 2011 Sidewalk Repair Assessment Program - Zone 10, Contract No. 781, and receive and file two-year maintenance bond -Submitted by Eric Thorson, City Engineer", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-58. 135885 - Hart/Schmitt that "Resolution approving documents, and adopt and levy the final schedule of assessments in conjunction with F.Y. 2011 Sidewalk Repair Assessment Program - Zone 10, Contract No. 781 -Submitted by Wayne Castle, PLS, EI, Associate Engineer", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-59. 135886 - Hart/Schmitt that "Resolution approving recommendation of award of contract in the amount of $1,078,215.75 to Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801 - Submitted by Jamie Knutson, P.E., Associate Engineer", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-60. 135887 - Cole/Hart that "Resolution approving Grant Agreement with Iowa Homeland Security and Emergency Management Division for a LEIN grant from the FFY2010 Homeland Security Grant Program in the amount of $86,114.00; and authorize Mayor and Director of Safety Services to execute said document -Submitted by Daniel J. Trelka, Director of Safety Services", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-61. 135888 - Cole/Hart that "Resolution approving Grant Agreement with Iowa Homeland Security and Emergency Management Division for a LEIN grant from the FFY2010 Homeland Security Grant Program in the amount of $237,250.00; and authorize Mayor and Director of Safety Services to execute said document -Submitted by Daniel J. Trelka, Director of Safety Services", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-62. ORAL PRESENTATIONS 135889 - Leon Mosley, 99 Mosley Street and Joe Sailor, both of us belong to the Knights of Pythias at 244 Ash Street. And we would like to honor one of our long standing icons in the community, Roosevelt Taylor. And we would like to do that on February 27, 2011. We would like to make it a Roosevelt Taylor Day or whatever you do. Maybe a proclamation or whatever you do honoring. He's been on every board in the state of Iowa it seems like and he's helped a heck of a lot of people here in Waterloo, Cedar Falls and neighboring communities. He is real sick now and barely getting around. And we would like to honor him while he can still enjoy it. Mayor Clark, I very much appreciate the notice and I can't imagine why we wouldn't honor your request to do so. I've known Roosevelt for a very long time and he is quite a member of our community. So let me get to work on that and if you are the contact you and I will touch base and do something appropriate for Roosevelt and get it on for February 27, 2011. January 24, 2011 Page 7 Mr. Mosley, for those of you that might like it or might not like it I just want to tell you real quickly that I was up at the lodge hall one time. Normally we go up there all night and sit and talk about the good of days. And I was up there complaining about something one day, water bill or electric bill. I was complaining about something. And Roosevelt Taylor came over to me and he said are you involved in anything and I said no. He said well shut up then. So I've been involved ever since. Mayor Clark, thank you in taking the time in coming and we'll make sure that happens. Councilperson Hart, tonight the Neighborhood Coalition is having their meeting. The conversation is about drugs in Black Hawk County. So for those that can make it, it's at St. Paul United Methodist Church on Louise Street behind the old Logan school. Cole/Hart that the above oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. ADJOURNMENT 135890 - Cole/Hart that the Council adjourn at 5:55 p.m. Ayes: Six. Absent: Greenwood. Motion carried. i Suzy Shares City C erk