HomeMy WebLinkAboutMinutes-02/11/2013February 11, 2013
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 11, 2013. Mayor Ernest G.
Clark in the Chair. Roll Call: Cole, Getty, Jones, Schmitt, Welper, Hart. Absent:
Greenwood.
Moment of Silence.
Pledge of Allegiance: Carolyn Cole, Ward 2 Council Member.
140462 - Hart/Schmitt
that the Agenda, as amended by approving the statement of revenue on item #14
and #15, for the Regular Session on Monday, February 11, 2013, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Six. Motion carried.
140463 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, February 4,
2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion
carried.
Mayor Clark recognized the February 2013 Team Member of the Month, Nick Rossman.
CONSENT AGENDA
140464 - 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 Finance Committee Invoice Summary Report, pp. 1-24,
dated February 11, 2013, in the amount of $2,260,899.31, 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. 2013-87.
2. Request of My Waterloo Days Committee to hold My Waterloo Days events in
several locations throughout the city to include live band and PA system
from Thursday, May 30, 2013 to Sunday, June 2, 2013, with permission to
close streets as indicated on the communication for the events indicated,
together with recommendation of approval of Director of Safety Services -
Submitted by Joe Liebold, Captain of Police Services.
Resolution adopted and upon approval by Mayor assigned No. 2013-88.
3. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00
with Casey's General Store #2879 of 3260 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. 2013-89.
4. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00
with Kwik Trip, Inc. #723 of 707 Broadway 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. 2013-90.
b. Motion to approve the following:
1.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Sergeant Howard;
Officer Ladage;
Probation
Officer Dietz
2013 Midwest
Gang
Investigator
Association
Conference
Merriville,
Indiana
May 18-
22, 2013
$1,682.44
February 11, 2013
2.
3.
4.
5.
Page 2
Rudy D. Jones,
Community
Development
Director
Cedar Valley
Coalition
Washington,
D.C.
April
18-23,
2013
$1,725.00
Jamie Knutson,
Associate
Engineer
2013 Greater
Iowa Asphalt
Conference
Des Moines,
Iowa
March 7-
8, 2013
$370.00
Ethel Washington
Executive
Management
Training
Emeryville,
California
April
14-19,
2013
$2,940.00
Bob Ball, Chief
Building
Inspector
Wisconsin
Commercial
Building Code
Madison,
Wisconsin
February
17-20,
2013
$1,100.00
6. Mayor Clark's recommendation of the following appointments:
Appointee
Board/Commission
Expiration
Date
New or Re -
Appointment
Kevin Evans
Leisure Services Commission
March 2, 2016
Re -Appointment
Class B Beer License Permit Application
7. Taqueria La Guadalupana, 1010 E. Mitchell, Unit #6 (Renewal) (Expires
11/16/2013) (Includes Sunday Sales)
8. La Michuacana Restaurant, 1221 Franklin Street (Renewal) (Expires
11/11/2013) (Includes Sunday Sales)
Class C Beer License Permit Application
9. Prime Mart, 3535 Marigold Drive (Renewal) (Expires 8/8/2013) (Includes
Sunday Sales)
10. Wine and Spirits #1, 2126 Kimball Avenue (Renewal) (Expires 11/14/2013)
(Includes Sunday Sales)
Class C Liquor License Permit Application
11. MaMa Nick's Circle Pizzeria, Inc., 1934 Washington Street (Renewal)
(Expires 9/9/2013) (Includes Sunday Sales)
12. VolkHaus, 324 East 4th Street (Renewal) (Expires 11/22/2013) (Includes
Sunday Sales)
13. Jameson's Public House, 310 East 4th Street (Renewal) (Expires 11/2/2013)
(Includes Sunday Sales)
14. The Saloon, 303 West 4th Street (Renewal) (Expires 11/14/2013) (Includes
Sunday Sales)
15. Kings & Queens, 304 West 4th Street (Renewal) (Expires 9/11/2013)
(Includes Sunday Sales)
16. D'vine Medical Spa LLC, 2515 Cyclone Drive (Renewal) (Expires 11/30/2013)
17. The Supervisor's Club, 3265 DeWitt Road (Ownership Change Only)
Class E Liquor License Permit Application
18. Wine and Spirits #1, 2126 Kimball Avenue
(Includes Sunday Sales)
19. Wine and Spirits #1, 2126 Kimball Avenue
(Includes Sunday Sales)
20. King Star, 127 Jefferson Street (Renewal)
Sunday Sales)
Class B Wine License Permit Application
21. Prime Mart, 3535 Marigold
Sunday Sales)
22. Wine and Spirits #1, 2126
(Includes Sunday Sales)
Drive
Kimball
(Renewal)
Avenue
Cigarette Permit Application
23. CSRS Properties Inc LLC dba S.A.C.'s
Avenue
(Renewal)
(Renewal)
(Expires
(Expires
(Renewal)
Neighborhood
(Expires 11/14/2013)
(Expires 11/14/2013)
11/6/2013) (Includes
8/8/2013) (Includes
(Expires 11/14/2013)
Pub, 2000 Hawthorne
Roll call vote -Ayes: Six. Motion carried. Ms. Cole abstained from item 1.b.6
as it is her husband.
Mayor Clark recognized Kevin Evans for his reappointment to the Leisure Services
Commission.
.,t
February 11, 2013
MOTION TO DENY THE FOLLOWING
140465- Schmitt/Welper
Page 3
that Class C Liquor License Permit Application for New World Lounge II located
at 504 Riehl Street (Renewal) (Expires 9/14/2013) (Includes Sunday Sales), be
denied. Voice vote -Ayes: Two. Nays: Four (Getty, Jones, Welper, Hart). Motion
failed.
Sharina Sallis, 1427 Dearborn, spoke in support of the liquor license for New
World Lounge II.
Leon Mosley, 99 Mosley St., spoke in support of the liquor license for New World
Lounge II.
Joyce Wilder, 226 Bates, spoke in support of the liquor license for New World
Lounge II.
Pastor Belinda Creighton -Smith, 416 Oliver Street, spoke in support of the
liquor license for the New World Lounge II.
Latonya Graves, 637 Donald Street, spoke in support of the liquor license for
the New World Lounge II.
Mike Beckman, contract holder of the property in question, expressed concern
with the lack of communication for closing the establishment and spoke in
support of the liquor license.
Tawanda Hackett, 504 Riehl Street, owner of New World Lounge II noted that it is
a bar and grill. The events that occur are outside and not in the establishment.
David Goodson, spoke in support of the liquor license for the New World Lounge
II.
Mayor Clark took a poll of the audience to see who was in support of the
establishment. No one raised their hand in opposition to the license.
Dan Trelka, Director of Safety Services, reported that the Police Department
recommended denial of the license in September.
Sgt. Greenley, reported that he reviewed the calls for service at the location.
The calls for services are separated out to review trouble calls.
Ms. Cole reviewed the calls, 135 calls in a calendar year and 78 were trouble
calls.
Mr. Hart questioned the types of calls and the number of each.
Dan Trelka, Director of Safety Services, 54 calls were initiated by the
neighborhood and not the establishment. The audit also raised additional
concerns.
Sgt. Greenley, reported that an audit was conducted due to concern of minors of
the bar since the establishment was set as a food establishment as well as
serving liquor. The State of Iowa conducted the audit and could not complete
more than a few months of records because they were not available. The audit
showed that 60% of the revenue was from alcohol but it was then redone after the
owner reported an error. The accountant reported that he had not received the
information from Mr. Philips.
Mr. Philips reported that he produced the documents that were asked for and was
told everything was fine.
Mr. Schmitt asked the number of calls for service for other establishments.
Dan Trelka, Director of Safety Services, reported that this establishment has
one of the higher call volumes in the community.
Sgt. Greenley, reported that he doesn't have the numbers for the neighborhood.
Mr. Coleman with the State did request that the Attorney General review the
audit.
Mr. Jones asked for the requirements regarding the parking lot.
Sgt. Greenley reported that the State does require the owners maintain order in
the parking lot.
February 11, 2013 Page 4
Mr. Hart expressed concern with how other establishments were handled in
comparison with this location. He believes there is a resolution that could be
worked out with the establishment.
Sgt. Greenley reported that in the past, establishments have set up a plan to
lower the calls of service and worked with the Police Department to come up with
a plan.
Mr. Schmitt noted that this would just take away the ability to sell liquor, not
close the establishment.
Tawanda Hackett, reported that it would not be fair to the patrons if they
cannot have drinks with their meals.
Mr. Jones questioned whether the complaints included complaints from within the
establishment.
Mr. Hart asked if the establishment initiated the call would it be recorded.
Sgt. Greenley reported that there were no sales to minor violations.
Tony Jenkins, 2739 East 4th Street, reported that people come from other
establishments and then New World is taking the blame for it.
Mr. Hart asked the Council to support the license and to have law enforcement to
help secure the perimeters.
140466 -Hart/Getty
that Class C Liquor License Permit Application for New World Lounge II located
at 504 Riehl Street (Renewal) (Expires 9/14/2013) (Includes Sunday Sales), be
approved. Voice vote -Ayes: Four. Nays: Two (Cole, Schmitt). Motion carried.
Mr. Jones noted that everyone needs to work to control the parking lot. Mr. Hart
also asked that they keep the paperwork current. Mr. Schmitt reported that he is
empathetic to the business but is concerned about the number of calls.
PUBLIC HEARINGS
140467 - Hart/Welper
that proof of publication of notice of public hearing on F.Y. 2013 Sans Souci
Wing Dam Repairs, Contract No. 846, as published in the Waterloo Courier on
February 5, 2013, be received and placed on file. Voice vote -Ayes: Six.
Motion carried.
140468 - 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. Voice vote -Ayes: Six. Motion carried.
140469 - Hart/Welper
that "Resolution confirming approval of plans, specifications, form of contract,
etc.in conjunction with F.Y. 2013 Sans Souci Wing Dam Repairs, Contract No.
846", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-91.
140470 - Hart/Welper
that "Resolution ordering construction in conjunction with F.Y. 2013 Sans Souci
Wing Dam Repairs, Contract No. 846", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-92.
February 11, 2013
140471 - Hart/Welper
Page 5
to receive and file and instruct City Clerk to open and read bids and refer to
City Engineer for review:
Bidder
Bid
Security
Bid Amount
Gehrke Inc
1405 21St Avenue
PO Box 228
Eldora, Iowa 50627
5%
$183,320.00
Peterson Contractors Inc.
Box A
Reinbeck, Iowa 50669-0155
5%
$171,922.00
Stickfort Construction
PO Box 447
Hudson, Iowa 50643
5%
$154,562.00
Vieth Construction Corp
6419 Nordic Drive
Cedar Falls, Iowa 50613
5%
$197,375.00
Voice vote -Ayes: Six. Motion carried.
RESOLUTIONS
140472 - Schmitt/Welper
that "Resolution accepting and approving grant agreement with Iowa Department of
Transportation for Traffic Safety Funds in the amount of $250,000.00 to be used
to improve several signalized intersections along Washington Street/US 218; and
authorize Mayor and City Clerk to execute said document -Submitted by Sandie
Greco, Traffic Operations Superintendent", be adopted. Roll call vote -Ayes:
Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-93.
140473 - Schmitt/Welper
that "Resolution accepting and approving grant agreement with Iowa Department of
Transportation in the amount of $20,000.00 for Radio Broadcast Safety Awareness
Campaign; and authorize Mayor and City Clerk to execute said document -Submitted
by Sandie Greco, Traffic Operations Superintendent", be adopted. Roll call
vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-94.
140474 - Schmitt/Welper
that "Resolution approving contract renewal with Aramark Uniform Services for a
period of five years with a three percent annual increase; and authorize Mayor
and City Clerk to execute said document -Submitted by Craig Clark, Building
Official/Maintenance Administrator", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-95.
140475 - Cole/Getty
that "Resolution approving Facilities Maintenance Plan with Invision
Architecture in the amount of $27,000.00; and authorize Mayor and City Clerk to
execute said document -Submitted by Craig Clark, Building Official/Maintenance
Administrator", be adopted. Roll call vote -Ayes: Five. Schmitt no
Resolution adopted and upon approval by Mayor assigned No. 2013-96.
140476 - Cole/Getty
that "Resolution approving Service Agreement with Halvorson Trane of Clive, Iowa
for up to 50 block hours at the rate of $116.50 per hour of technician
maintenance; and authorize Mayor and City Clerk to execute said document -
Submitted by Craig Clark, Building Official/Maintenance Administrator", be
adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-97.
February 11, 2013
140477 - Cole/Getty
Page 6
that "Resolution approving request by ABCM Corporation for an encroachment
agreement to allow for the construction of a new sign located within the right-
of-way, which will replace two existing signs within the right-of-way, located
at 2950 West Shaulis Road -Submitted by Aric Schroeder, City Planner", be
adopted. Roll call vote -Ayes: Six.
Mr. Jones expressed concern with the location of the sign. He believes it needs
to be at least 18" from the
Aric Schroeder, City Planner, reported that the placement of the sign was
reviewed and the contractor suggested leaving the sign where it is. The current
distance is one foot from the bike path.
140478 - Jones/Schmitt
To amend the motion to state the sign may not be installed at a location less
than 18" from the trail. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2013-98.
140479 - Getty/Hart
that "Resolution setting date of hearing as February 25, 2013 to vacate, sell
and convey a portion of West San Marnan Drive generally located between Galactic
Drive and West 4th Street, west of Ansborough Avenue to Sunnyside South Addition,
LLC for $1.00; and instruct City Clerk to publish notice -Submitted by Aric
Schroeder, City Planner", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-99.
140480 - Getty/Hart
that "Resolution setting date of hearing as February 25, 2013 to amend the
development agreement approved on January 7, 2013 with Sunnyside South Addition,
LLC to update the legal description of the project area generally located
between Galactic Drive and West 4th Street, west of Ansborough Avenue; and
instruct City Clerk to publish notice -Submitted by Aric Schroeder, City
Planner", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-100.
140481 - Getty/Hart
that "Resolution setting date of hearing as March 4, 2013 to approve the FYE2014
budget; and instruct City Clerk to publish notice -Submitted by Michelle Weidner,
Chief Financial Officer", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-101.
140482 - Hart/Welper
that "Resolution setting date of hearing as February 25, 2013 to approve request
of Tony Huff to vacate the east 4 feet of a platted 16 foot wide sanitary sewer
easement at the northeast corner of Bismark Avenue and Ansborough Avenue located
in Galloway First Addition; and instruct City Clerk to publish notice -Submitted
by Tim Andera, Associate Planner", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-102.
140483 - Hart/Welper
that "Resolution setting date of hearing as February 18, 2013 to approve the
Amendment to Electric Franchise Fee and approving the revenue purpose statement;
and instruct City Clerk to publish notice -Submitted by Mayor Buck Clark", be
adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-103.
140484 - Hart/Welper
that "Resolution setting date of hearing as February 18, 2013 to approve the
Amendment to Natural Gas Franchise Fee approving the revenue purpose statement;
and instruct City Clerk to publish notice -Submitted by Mayor Buck Clark", be
adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-104.
Ab
February 11, 2013 Page 7
OTHER COUNCIL BUSINESS
140485 - Cole/Hart
to instruct City Engineer to prepare plans, specifications, form of contract,
etc.in conjunction with F.Y. 2013 Asphalt Overlay Program, Contract No. 833, be
approved. Voice vote -Ayes: Six. Motion carried.
140486 - Cole/Hart
that plans, specifications, form of contract, etc.in conjunction with F.Y. 2013
Asphalt Overlay Program, Contract No. 833, be received and placed on file.
Voice vote -Ayes: Six. Motion carried.
140487 - Cole/Hart
that "Resolution preliminarily approving plans, specifications, form of
contract, etc.in conjunction with F.Y. 2013 Asphalt Overlay Program, Contract
No. 833", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-105.
140488 - Cole/Hart
that "Resolution setting date of hearing and bid opening as February 25, 2013;
and instruct City Clerk to publish notice of plans, specifications, form of
contract, etc.in conjunction with F.Y. 2013 Asphalt Overlay Program, Contract
No. 833", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-106.
ORAL PRESENTATIONS
Carol Gustafson, 209 Forest Ave., reviewed the nuisance properties ordinance in
the City code. She believes this needs to be addressed with the City inspectors,
Code Enforcement, Law enforcement, etc. She asked if the properties were section
8 or HUD Housing.
Ethel Washington, Housing Coordinator, reported that staff is working on the
properties.
Theodore Lederman, 1758Pinehurst Lane, expressed concern with the cost of the
City Employee health care.
Steve Murphy, 124 Terrace Drive, expressed concern with the crime in his
neighborhood. He asked that Code Enforcement not be on a complaint basis.
Mayor Clark noted that staff is working to make positive steps in the
neighborhood.
Ray Sonksen, 1264 Northey Street, questioned if the franchise fee will affect
the catholic churches.
Jim Chapman, 224 Bertch, reported that last week the Mayor commented about
profiling.
Ryan Madison, 650 Dawson Street, spoke in opposition to the liquor license for
New World Lounge II.
Jim Chapman, 224 Bertch, agreed with Ryan Madison.
140489 - Hart/Welper
that the above oral comments be received and placed on file. Voice vote -Ayes:
Six. Motion carried.
ADJOURNMENT
140490 - Hart/Welper
that the Council adjourn at 6:55 p.m. Voice vote -Ayes: Six. Motion carried.
Suzy Scha es
City Cle