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