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HomeMy WebLinkAboutMinutes-07/20/2015July 20, 2015 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, July 20, 2015. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Eric Thorson, City Engineer. 144802 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, July 20, 2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. 144803 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, July 13, 2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. Mayor Clark read a Proclamation declaring July 19-25, 2015 as Water & Wastewater Workers of Iowa Week. Presentation by William Muhammad on the IMPACCT Jr. Olympic Track Team. Presentation by From The Heart. CONSENT AGENDA 144804 - 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, dated July 20, 2015, in the amount of $2,377,092.82, 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. 2015-567. 2. Resolution setting date of public hearing as August 10, 2015 and date of bid opening as August 6, 2015 to allow the Police Department to seek bids for Level II soft Ballistic Body Armor needs and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2015-568. 3. Resolution setting date of public hearing as August 10, 2015 and date of bid opening as August 6, 2015 to allow the Police Department to seek bids for Level III Tactical Body Armor needs and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2015-569. 4. Resolution approving the request of Lydia Bagby & Jeremy Henson for tax exemptions on the construction of a new home valued at $176,046 for property located at 4129 Mockingbird Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2015-570. 5. Resolution approving request from the Build Our Ballpark Foundation in cooperation with the Cedar Valley Sportsplex to hold its annual Kids Race and 5K Fundraiser on August 15th 2015 from 8:00 a.m. to 10:00 p.m. Commencing at the Cedar Valley SportsPlex and concluding at the intersection of Jefferson Street and Westfield Avenue. Resolution adopted and upon approval by Mayor assigned No. 2015-571. 6. Resolution approving request of the Cedar Valley Bicycle Collective to hold their 3rd Annual Bridge -2 -Bridge ride utilizing trails and city streets as necessary on August 15th, entering Waterloo approximately 9:30 AM and exiting the City limits around 10:30 AM. Resolution adopted and upon approval by Mayor assigned No. 2015-572. July 20, 2015 Page 2 7. Resolution to approve the request to approve closure of Jefferson Street from Park Ave. to 3rd St. on July 24, 2015 from 8:00 a.m. to 9:00 p.m. and July 25, 2015 from 8:00 a.m. to 9:00 p.m. for the Social Action, Inc. Family Fun Festival. Resolution adopted and upon approval by Mayor assigned No. 2015-573. 8. Resolution to approve request of Christian Fellowship Church for a variance to the Noise Ordinance on July 19, 2015 from 11:00 a.m. to 1:30 p.m. in conjunction with the Parking Lot Praise event to be held at 930 W. 4th Street with the use of microphones and amplifier, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2015-574. b. Motion to approve the following: 1. a. b. c. d. 2. a. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Sgt. Farmer, Sgt. Travel for the Denver, 08/10/2015 $1,084.00 Bose and Ofcr. selection and Indiana to Bovy purchase of a new canine. 08/12/2015 Eric Thorson, City 2015 APWA Iowa Marion, IA 08/19/2015 $317.00 Engineer Chapter Fall to Conference 08/21/2015 Jacob Frederick, Midwest Mania Rosemont, IL 09/24/2015 $1,010.00 Fitness Specialist to 09/27/2015 Lt. Luck and Lt. Fire Investigation Davenport, IA 09/15/2015 $1,162.00 Ferguson Seminar to 09/18/2015 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Noodles & Company, 2833 Crossroads Blvd. Special C Liquor (Beer & Wine) w/Outdoor Service Renewal 06/30/2016 X 3. Motion to approve Cigarette/Tobacco/Nicotine/Vapor Permit Application for Neighborhood Mart, 2100 Lafayette Street. 4. Bonds Roll call vote -Ayes: Six. Motion carried. PUBLIC HEARINGS 144805 - Schmitt/Hart that proof of publication of notice of public hearing on Purchase of emulsions to support the FY16 Seal Coat Program, as published in the Waterloo Courier on July 6, 2015, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 144806 - Schmitt/Hart that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 144807 - Schmitt/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-575. 144808 - Schmitt/Hart July 20, 2015 Page 3 that "Resolution authorizing to proceed in conjunction with the Purchase of emulsions to support the FY16 Seal Coat Program", be adopted. Roll -call vote - Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-576. 144809 - Schmitt/Hart Motion to receive and file and instruct City Clerk to read bids and refer to Public Works Director for review. Bidder Factory New Service Ammunition Bid Security Bid Amount Bituminous Materials LP 900 Raccoon St. Des Moines, IA & Supply N/A $24,950 for HFM-25 & CSS -1 Flint Hills Resources 1550 Koch Ct. Dubuque, IA 500 rounds N/A $130,850 for CRS -2P AND HFE-300 Voice vote -Ayes: Six. Motion carried. 144810 - Schmitt/Hart that `Resolution awarding bid for HFM-25 and CSS -1 to Bituminous Materials, Des Moines, Iowa, in the amount of $24,950", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-577. 144811 - Schmitt/Hart that "Resolution awarding bid for CRS -2P and HFE-300 to Flint Hills Resources, Dubuque, Iowa, in the amount of $130,850", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-578. 144812 - Cole/Hart that proof of publication of notice of public hearing on request to approve FY2016 Police Department ammunition bid, as published in the Waterloo Courier on July 6, 2015, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 144813 - Cole/Hart that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 144814 - Cole/Hart that "Resolution confirming approval of bid documents, specifications, form of contract, estimate of cost, etc.", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-579. 144815 - Cole/Hart that "Resolution authorizing to proceed in conjunction with the request to approve FY2016 Police Department ammunition bid", be adopted. Roll -call vote - Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-580. 144816 - Cole/Hart Motion to receive and file and instruct City Clerk to read bids and refer to Director of Safety Services for review. BIDDER: SUNSET LAW ENFORCEMENT, LTD Factory New Service Ammunition Bid Price 10,000 rounds of .40 S&W, 180 grain, hollow point, Federal HST, (P40HST1) jacketed $ n/a Per 500 rounds 90,000 rounds of Federal American Eagle .40 S&W, $ n/a Per 500 rounds July 20, 2015 Page 4 BIDDER: ULTRAMAX AMMUNITION 180 grain, full metal jacket (AE40R1) 2,000 rounds of Federal 12 gauge 2 3%, inch shot shell, 00 Buckshot, 9 pellet, low recoil (LEF132- 00) $ n/a Per 250 rounds 10,000 rounds of .40 S&W, 180 grain, jacketed hollow point, Federal HST, (P40HST1) 2,000 rounds of Federal 12 gauge 2 3/ inch shot shell 1 ounce low recoil slug (LEF127-RS) $ n/a Per 250 rounds 20,000 rounds of Federal .223 caliber, 64 grain, Sierra boat - tail hollow point Tactical Rifle Urban (P223L) $ n/a Per 500 rounds Per 500 rounds (1000) 50,000 rounds of Federal American Eagle .223 caliber, 55 grain FMJ (AE223) $ n/a Per 500 rounds $106 10,000 rounds of Federal .308 Winchester caliber, 168 grain Sierra MatchKing boat tail hollow point (FC308MC) $ n/a Per 500 rounds rounds 10,000 rounds of Hornady .308 Winchester caliber, 168 grain TAP FPD (HDY80968) $585.50 Per 500 rounds BIDDER: ULTRAMAX AMMUNITION Voice vote -Ayes: Six. Motion carried. 144817 - Welper/Hart that proof of publication of notice of public hearing on Request to fulfill FY2016 Police vehicle equipment needs, as published in the Waterloo Courier on July 6, 2015, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 144818 - Welper/Hart that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 144819 - Welper/Hart that "Resolution confirming approval of bid documents, specifications, form of contract, estimate of cost, etc.", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-581. 144820 - Welper/Hart that "Resolution authorizing to proceed in conjunction with the request to fulfill FY2016 Police vehicle equipment needs", be adopted. Roll -call vote - Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-582. 144821 - Welper/Hart Motion to receive and file and instruct City Clerk to read bids and refer to Director of Safety Services for review. Factory New Service Ammunition Bid Price 10,000 rounds of .40 S&W, 180 grain, jacketed hollow point, Federal HST, (P40HST1) $294 Per 500 rounds (1000) 90,000 rounds of Federal American Eagle .40 S&W, 180 grain, full metal jacket (AE40R1) $239 Per 500 rounds (1000) 2,000 rounds of Federal 12 gauge 2 3/ inch shot shell, 00 Buckshot, 9 pellet, low recoil (LEF132- 00) $106 Per 250 rounds 2,000 rounds of Federal 12 gauge 2 3/ inch shot shell 1 ounce low recoil slug (LEF127-RS) $116 Per 250 rounds 20,000 rounds of Federal .223 caliber, 64 grain, Sierra boat tail hollow point Soft Point Tactical Rifle Urban (P223L) Alternate T223E - 223 55 grain Sierra boat tail hollow point TRU $182 $223 Per Per 500 500 rounds rounds 50,000 rounds of Federal American Eagle .223 caliber, 55 grain FMJ (AE223) $157 Per 500 rounds 10,000 rounds of Federal .308 Winchester caliber, 168 grain Sierra MatchKing boat tail hollow point (FC308MC) (GM308M) $349 Per 500 rounds 10,000 rounds of Hornady .308 Winchester caliber, 168 grain TAP FPD (HDY80968) $ n/a Per 500 rounds Voice vote -Ayes: Six. Motion carried. 144817 - Welper/Hart that proof of publication of notice of public hearing on Request to fulfill FY2016 Police vehicle equipment needs, as published in the Waterloo Courier on July 6, 2015, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 144818 - Welper/Hart that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 144819 - Welper/Hart that "Resolution confirming approval of bid documents, specifications, form of contract, estimate of cost, etc.", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-581. 144820 - Welper/Hart that "Resolution authorizing to proceed in conjunction with the request to fulfill FY2016 Police vehicle equipment needs", be adopted. Roll -call vote - Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-582. 144821 - Welper/Hart Motion to receive and file and instruct City Clerk to read bids and refer to Director of Safety Services for review. July 20, 2015 Page 5 Bidder Bid Security Bid Amount Electronic Engineering 750 Ansborough Avenue Waterloo, IA N/A $12,246.76 Plus $75 per hour technical service rate Keltek, Inc. PO BOX 14 Baxter, IA N/A $13,476.66 Plus $189 per hour technical service rate Voice vote -Ayes: Six. Motion carried. RESOLUTIONS 144822 - Cole/Morrissey that "Resolution approving award of hotel/motel tax council discretionary funds to Waterloo Leisure Services in the amount of $10,000 and to Aspire Therapeutic Riding in the amount of $7,000", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2015-583. 144823 - Cole/Morrissey that "Resolution concurring with the determination of the City Planner that the proposed change to the approved site plan for GMJ2 Industries in an "R-1, R -P" Planned Residence District shall be approved as a Minor Site Plan Amendment for a new house to be constructed towards and addressed from Eureka Street, located at the northeast corner of Eureka Street and Vermont Street", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2015-584. Aric Schroeder, City Planner, explained that the change is that the home will face towards Eureka Street and this is a minor change to the site plan as all of the homes were originally set to face Vermont Street. 144824 - Cole/Morrissey that "Resolution approving an Iowa DOT agreement for Traffic Safety Improvement Program Funding (Studies and Public Safety Initiatives) in the amount of $60,000 and authorize Mayor and City Clerk to execute said agreement", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2015-585. 144825 - Morrissey/Hart that "Resolution approving Supplemental Agreement No. 1 with AECOM, of Waterloo, Iowa, in the maximum amount payable of $19,800.00 for construction related services for the FY 2016 llth Street Bridge Repairs, Contract No. 890 ; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2015-586. 144826 - Morrissey/Hart that "Resolution recommending the final acceptance for the delivery of a front end loader with ramp bucket from Murphy Tractor and Equipment Company of Waterloo, Iowa, and authorize the release of Pay Estimate No: 2 (Final) in the amount of $14,555.68, for the Fall 2015 purchase of snow removal equipment at Waterloo Regional Airport, via FAA Project No: 3-19-0094-0043", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2015-587. 144827 - Morrissey/Hart that "Resolution concurring with the determination of Community Planning and Development Director that the proposed change to the approved site plan within a "S-1" Shopping Center District and to allow for the construction of three buildings along the north portion of the property and two buildings to be constructed to the south, located at 200 E. Ridgeway Avenue is minor and shall be approved as a Minor Site Plan Amendment", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2015-588. July 20, 2015 Page 6 144828 - Hart/Morrissey that "Resolution approving a 7% ice rental rate increase for contracted and non - contracted ice users and new early bird private ice rental rate for the 2015- 2016 season", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2015-589. Mr. Schmitt questioned when the rates were last raised. Paul Huting, Leisure Services Director, believed it was last raised three years ago and this time the private early bird rate is being lowered but the ice rental rate is rising by 7%. 144829 - Hart/Morrissey that "Resolution approving acceptance of Staffing for Adequate Fire and Emergency Response (SAFER) hiring grant", be adopted. Roll call vote -Ayes: Four. Nays: Two. (Schmitt, Lind.) Resolution adopted and upon approval by Mayor assigned No. 2015-590. Mr. Schmitt questioned when the City received notification that the City would be receiving the grant. Pat Treloar, Chief of Fire Services, explained that there was an unofficial email that dated 7/10/2015 indicating that it would be awarded. Mr. Treloar explained that the award amount is being reduced to 1 firefighter because Council approved to allow 2 of three positions lost last year to be reinstated. The grant was written to increase the number of firefighters to 108. Mr. Schmitt questioned if there is a way to rescind the two additional positions previously added to allow the grant to pay for all 3 positions. Mayor Clark explained that he would not allow that to happen because the two approved positions need to be permanent and not dependent on a grant. Mr. Treloar explained that his understanding is that the grant will not pay for the additional two positions but that he can ask. Mr. Schmitt suggested trying to get all three positions funded by the federal grant. Mr. Lind noted that Mr. Jones has looked into the loss in residential tax base and the City cannot sustain funding the additional positions. Mayor Clark reminded Council that the HR committee approved filling two of the positions last week. Mr. Treloar explained that the award still needs to be negotiated to lower it from one to 3 positions and there is a July 28th deadline to submit everything. Michelle Weidner, Chief Financial Officer, explained that the rules for Federal grants are very strict and it does not matter when Council approved to fill the positions because it was already approved in this year's budget. Mr. Morrissey explained that this item is for the grant and unapproving the filling of the two positions would need to taken back to the Human Resource Committee by the prevailing side. Mr. Hart asked to have Mr. Treloar see if funding all three positions was a possibility. David Dryer, 3145 W. 4th Street, questioned how often the fire stations are closed and why filling the positions is being delayed. Mayor Clark explained that is how the positions were budgeted. ORDINANCES 144830 - Hart/Cole that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (66) West Eleventh Street and East Ridgeway Avenue of Section 540, Obedience to Official Traffic Control Devices - Signalized Intersections", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. July 20, 2015 Page 7 144831 - Hart/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. 144832 - Hart/Cole that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (66) West Eleventh Street and East Ridgeway Avenue of Section 540, Obedience to Official Traffic Control Devices - Signalized Intersections", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Ordinance adopted and upon approval by Mayor assigned No. 5295. 144833 - Hart/Cole that "an Ordinance amending the 2008 Traffic Code by deleting Section 540a, Activated Hybrid Beacons, in its entirety, and substituting in lieu thereof a new Section 540a, Activated Hybrid Beacons to the 2008 Traffic Code including East Ridgeway Avenue in the 1500 Block at 1525 East Ridgeway", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. 144834 - Hart/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. 144835 - Hart/Cole that "an Ordinance amending the 2008 Traffic Code by deleting Section 540a, Activated Hybrid Beacons, in its entirety, and substituting in lieu thereof a new Section 540a, Activated Hybrid Beacons to the 2008 Traffic Code including East Ridgeway Avenue in the 1500 Block at 1525 East Ridgeway", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Ordinance adopted and upon approval by Mayor assigned No. 5296. 144836 - Morrissey/Hart that "an Ordinance approving the request by Hammond Hills Development to vacate portions of the 5' utility easement located on Lots 146 and 147 of Hammond Hills 6th Addition", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Six. Motion carried. 144837 - Morrissey/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. 144838 - Morrissey/Hart that "an Ordinance approving the request by Hammond Hills Development to vacate portions of the 5' utility easement located on Lots 146 and 147 of Hammond Hills 6th Addition", be considered and passed for the third time and adopted. Roll call vote -Ayes: Six. Ordinance adopted and upon approval by Mayor assigned No. 5297. 144839 - Cole/Hart that "an Ordinance approving the request to vacate a 16' utility/drainage easement located at 1921 Hawthorne Avenue", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Six. Motion carried. 144840 - Cole/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. 144841 - Cole/Hart that "an Ordinance approving the Request to vacate a 16' utility/drainage easement located at 1921 Hawthorne Avenue", be considered and passed for the third time and adopted. Roll call vote -Ayes: Six. Ordinance adopted and upon approval by Mayor assigned No. 5298. July 20, 2015 Page 8 ORAL PRESENTATIONS Pat Budke, Owner Heritage Square, explained that the sidewalk will be removed due to the road construction and she is asking for delay to the repairs. Bruce Kaesner, expressed concern with the lack of snow removal at curb cuts. David Dryer, 3145 W. 4th Street, is Ansborough fire station open yet. 144842 - Hart/Morrissey that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. ADJOURNMENT 144843 - Hart/Morrissey that the council adjourn to Executive Session at 6:49 p.m. Roll call vote -Ayes: Six. Motion carried. City Attorney David Zellhoefer stated that discussion of litigation is an approved topic of Executive Session pursuant to Iowa Code Section Iowa Code Section 21.5 (1) (j) (2015) . EXECUTIVE SESSION 144844 - Hart/Lind that the council adjourn Executive Session at 7:50 p.m. Voice vote -Ayes: Six. Motion carried. Suzy Sc :res, CMC City Clerk/Human Resource Director