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HomeMy WebLinkAboutMinutes-10/17/2011October 17, 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, October 17, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Mark Rice, Public Works Director. 137498 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, October 17, 2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 137499 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, October 10, 2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark read a Proclamation declaring October 22 - 30, 2011 as Red Ribbon Week. Mayor Clark read a Proclamation declaring October 16 - 22, 2011 as Character Counts Week. CONSENT AGENDA 137500 - 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. 1-82, dated October 17, 2011, in the amount of $2,483,145.64, 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. 2011-998. 2. Request of Five Star Snow Trails Association to approve an application with Iowa Department of Transportation to place signs within State Highway right of way to allow the Five Star Snow Trails Association to place snowmobile signs on city right-of-way. Resolution adopted and upon approval by Mayor assigned No. 2011-999. 3. Request of David Plum for a concrete driveway to be located at 527 Belle Street, together with recommendation of approval of City Engineer - Submitted by Eric Thorson, P.E., City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2011-1000. 4. Request of Jake Sego for a concrete driveway to be located at Parcel No. 8313-21-283-011 generally located on a lot South of 402 Galloway Court, together with recommendation of approval of City Engineer -Submitted by Eric Thorson, P.E., City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2011-1001. b. Motion to approve the following: 1. 2. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Officer Gergen Defensive Tactics Instructor Recertification Johnston, Iowa November 29, 2011 $160.00 Officer Pohl ICAC Advanced Windows Forensics Ankeny, Iowa October 25-28, 2011 $655.00 October 17, 2011 Page 2 3. Recommendation of appointment of Nathan Alderman to the position of Maintenance Electrician, effective October 24, 2011 -Submitted by Sandie Greco, Traffic Operations Superintendent Class C Liquor License Permit Application 4. New World Lounge II, 504 Riehl Street (Renewal) (Expires 9/14/12) (Includes Sunday Sales) 5. Bonds Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 137501 - Schmitt/Welper that proof of publication of notice of public hearing on Purchase of 2012 Sullair 425 Air Compressor, as published in the Waterloo Courier on October 6, 2011, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137502 - 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. Voice vote -Ayes: Seven. Motion carried. 137503 - Schmitt/Welper that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of 2012 Sullair 425 Air Compressor", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1002. 137504 - Schmitt/Welper that "Resolution authorizing to proceed in conjunction with Purchase of 2012 Sullair 425 Air Compressor", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1003. 137505 - Schmitt/Welper to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Amount Black Hawk Rental 324 W. 15th Street $35,200.00 Waterloo, Iowa 50702 Compressed Air & Equipment, 707 Highway 218N Inc. $30,311.00 LaPorte City, Iowa 50651-1014 Optional: $2,935.00 Ziegler Power Systems 1500 Ziegler Dr NW $31,620.00 Altoona, Iowa 50009-7200 Optional: $34,843.00 Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 137506 - Hart/Welper that "Resolution approving modifications to Cedar River Boat House fees and policies -Submitted by Paul Huting, Leisure Services Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1004. October 17, 2011 Page 3 137507 - Hart/Welper that "Resolution approving request by MDKJ Investments, LLC for an Encroachment Agreement to allow for frost footings for a proposed building at 186 West 15th Street to encroach 2 feet into the platted public alley adjacent to Lot 10 in Block 10 of Hayes' Addition; and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1005. 137508 - Hart/Welper that "Resolution approving Professional Services Agreement with AECOM in an amount not to exceed $49,000.00 for hydraulic study related services for Dry Run Creek Floodplain Study; and authorize Mayor to execute said document -Submitted by Jamie Knutson, P.E., Associate Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1006. 137509 - Getty/Cole that "Resolution approving Letter of Support for the Black Hawk County Watershed Management Authority proposal; and authorize Mayor to execute said document - Submitted by Wayne Castle, PLS, EI, Associate Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1007. 137510 - Getty/Cole that "Resolution approving and accepting certain acquisition contracts and certain deeds to sell real property to the City of Waterloo for the partial acquisition of right-of-way, permanent easements and temporary easements in conjunction with the West Shaulis Road/Ansborough Avenue reconstruction project from Darron P. and Dottie L. Cutler in the amount of $33,795.75; and authorize Mayor and City Clerk to execute said documents -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1008. 137511 - Cole/Hart that "Resolution approving recommendation of award of contract in the amount of $49,480.00 to Advanced Environmental Testing and Abatement, Inc. of Waterloo, Iowa in conjunction with Asbestos Abatement Services Group 2 in connection with Public Assistance (PA) demolition activities of the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1009. 137512 - Cole/Hart that "Resolution approving the preparation and execution of a Quit Clam Deed to Lee Publications, Inc. dba Waterloo -Cedar Falls Courier for a small 5 foot strip of land generally located within the 500 block of Commercial Street; and authorize Mayor and City Clerk to execute any necessary documents -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1010. ORDINANCES 137513 - Welper/Hart that "an Ordinance adopting the City of Waterloo Zoning Ordinance, which updates and replaces the existing City of Waterloo Zoning Ordinance No. 2479 adopted'on February 3, 1969 in conjunction with Adoption of the City of Waterloo Zoning Ordinance, which updates and replaces the existing City of Waterloo Zoning Ordinance No. 2479 adopted on February 3, 1969 and includes text and an official zoning map", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven. Motion carried. October 17, 2011 Page 4 137514 - Welper/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Nay: One (Schmitt). Motion carried. 137515 - Welper/Hart that "an Ordinance adopting the City of Waterloo Zoning Ordinance, which updates and replaces the existing City of Waterloo Zoning Ordinance No. 2479 adopted on February 3, 1969", be considered and passed for the third time and adopted and allow renumbering of parts, sections, paragraphs, and lists of said ordinance as needed. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5079. 137516 - Hart/Welper 137517 that "an Ordinance amending the City Code of Ordinance, Title 3 Business and License Regulations, Chapter 2 Liquor Control in conjunction with Amendment to City Code of Ordinance, Title 3 Business and License Regulations, Chapter 2 Liquor Control", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven. Motion carried. Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Nay: One (Schmitt). Motion carried. 137518 - Hart/Welper that "an Ordinance amending the City Code of Ordinance, Title 3 Business and License Regulations, Chapter 2 Liquor Control", be considered and passed for the third time and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5080. 137519 - Greenwood/Schmitt that "an Ordinance approving changes to 1-8A-7: Local Transient Guest Tax Fund, Section D in conjunction with Changes to Hotel/Motel Tax Ordinance", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Three. Nays: Four (Cole, Jones, Welper, Hart). Motion failed. Prior to the vote, the following comments were heard: Mr. Greenwood expressed concern with setting precedence by approving the change to the ordinance. He believes the grant requests should stand on their own and the process currently in place is adequate. Mayor Clark prefaced the conversation that the item on the agenda is a request from Billie Bailey, Grout Museum Executive Director, to allocate a dedicated amount of the hotel/motel tax grant rather than go through the grant process. The amount requested is five percent and is between $50,000 and $55,000. Barbara Corson, Current Chair of the Board of Director's for the Grout Museum, reported that the grant process does not allow the Grout to budget in advance. The Grout is requesting a direct line of support from the City. The average museum receives more than 4.5% of its operating budget from taxes. They need to be able to show support from the City without it varying from year to year. Mr. Welper reported that the Grout has an endowment to draw from when most organizations do not and the process is the only way to ensure fairness. Mr. Schmitt reported that the Grout is not like most organizations and it provides things to the hotel/motel fund that have not been provided in the past and that should be taken into account. Mr. Getty reported that he is a liaison to the Grout Board and it does bring in tourism. The reason the issue is being raised again is due to their request for funding this year being tabled. Ms. Cole asked Aaron Buzza, Executive Director of Waterloo Convention & Visitors Bureau, how many hotel rooms it would take to equal the request. He reported it would take approximately 15,000 room nights to deliver $50,000 into the hotel/motel tax fund. She asked if they could still apply for grants. October 17, 2011 Page 5 Mayor Clark reported that this would not stifle their ability to apply for additional grants. Dave Buck, 240 Berkshire Road, he reported that the grant request was only tabled for a month to get a few specific questions answered. That item is back on the agenda for the October meeting. The CVB has given the Grout more than twice as much as any other organization. With the revised, procedures, there is not maximum limit to request. Mr. Greenwood asked Mr. Buck if the $30,000 request that is tabled if that is coming out of the 20% for recreation, culture and entertainment portion of the budget. Michelle Weidner, Chief Financial Officer, reported that is being recommended to take that out of the tax grant reserves that the City has. The budget is set well in advance of receiving the money so the City has been conservative with that reserve. After discussion it was thought that it would be appropriate to give a one time special grant award. It is still part of the tax grant program, which the ordinance requires the CVB to make recommendation to the Council. Billie Bailey, Grout Museum Executive Director, reported this would not be an entitlement and the Grout would be accountable and would make the budget and audit available to the City's Chief Financial Officer. The Grout would follow the same rules and regulations as other organizations and many of the other organizations generate more room night. Mr. Welper mentioned that the concern of the Council is not the accountability; it is the precedence that would be set. Billie Bailey, said the Grout it tied contractually as a Vision Iowa Contract partner. This sets the Grout apart and the Grout is asking to be supported similar to how they were supported in the 1980's. Dennis Law, General Manager Ramada Inn, the Grout is a great museum but they do not bring in the amount of rooms necessary to pay for their request. Ryan Malecek, 450 Kingbard Boulevard, Grout Museum Board Member, spoke is support of the request and asked the Council to invest in the community. Ike Leighty, Grout Museum Board of Director, spoke is support of the request and stated the Grout is in trouble and needs the assistance of the City. Judy Burfeind, Grout Museum Board of Director, spoke is support of the request and asked Council to think of the historical value that the Grout has and provides by keeping the City's history. The endowment is limited. Christa Miehe, 142 Hampshire Road, Convention & Visitors Bureau Board of Director, spoke in opposition of the request. The Grout is a wonderful tourism partner but should not be guaranteed an amount of the funding. The grant process has been revised and requests will be funded if the funds are available and the request meets the tourism goals set by the Board. Cyd McHone, Grout Museum District Director of Development & Marketing, spoke in support of the request. Only four entities are eligible for the 35% of the tax fund. Split four ways the Grout will not be able to receive the amount necessary. Cass Harrison, Jr, 191 Pershing Road, spoke is support of the request and stated that the Grout Museum provides a quality of life component to the community. Mr. Schmitt appreciates the Grouts willingness to show accountability and encourages Council to add requirement if the request is approved. Mr. Greenwood clarified that if the Grout were to receive the 5% request, that would equal 4.5% of their operating budget. 137520 - Schmitt/Welper that "an Ordinance amending the 2008 Traffic Code by Adding a New Subsection (47a) Golden Valley Drive to Section 553, No Parking Here to Corner in conjunction with Ordinance Change -No Parking Here To Corner on the South Side of the 1600 Block of Golden Valley Drive", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Four. Nays: Three. (Getty, Jones, Greenwood). Motion carried. October 17, 2011 Page 6 Michael Pauling, 315 Greenbrier Road, spoke in opposition of the ordinance. The 1600 block of Golden Valley Drive is in front of his house. He believes that parking on the corner requires cars to slow down to turn. He reported that taking away the parking would increase speeds and there have only been eleven accidents in 14 years on that road and only two have been at that intersection. Both of the accidents were in January and could have been due to ice or snow. Sandie Greco, Traffic Superintendent, reported there is a visibility issue. This would allow 12 foot of visibility. Mr. Getty reported that he has looked at the intersection and does not seem to be a problem. 137521 - Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Nays: One (Getty). Motion carried. 137522 - Schmitt/Welper that "an Ordinance amending the 2008 Traffic Code by Adding a New Subsection (47a) Golden Valley Drive to Section 553, No Parking Here to Corner", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Nays: One (Getty). Ordinance adopted and upon approval by Mayor assigned No. 5081. OTHER COUNCIL BUSINESS 137523 - Hart/Welper to instruct Public Works Director to prepare specifications, bid document, etc. in conjunction with Purchase of One (1) 2012 Automated Side -Loader Garbage Truck, be approved. Voice vote -Ayes: Seven. Motion carried. 137524 - Hart/Welper that specifications, bid document, etc. in conjunction with Purchase of One (1) 2012 Automated Side -Loader Garbage Truck, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137525 - Hart/Welper that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with Purchase of One (1) 2012 Automated Side -Loader Garbage Truck", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1011. 137526 - Hart/Welper that "Resolution setting date of hearing and bid opening as November 7, 2011; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids in conjunction with Purchase of One (1) 2012 Automated Side - Loader Garbage Truck", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1012. ORAL PRESENTATIONS None ADJOURNMENT 137527 - Hart/Cole that the Council adjourn at 6:40 p.m. Voice vote -Ayes: Seven. Motion carried. uzy Scha es City Cler