HomeMy WebLinkAboutMinutes-05/21/2012May 21, 2012
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, May 21, 2012. 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.
138001 - Hart/Schmitt
that the Agenda, as amended adding a beer/wine license for WESCO and deleting
item #3 from the agenda, for the Regular Session on Monday, May 21, 2012, at
5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
138002- Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, May 14, 2012,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
Mayor Clark performed a Swearing -In of the following Reserve Police Officers:
Fred Barton III, Lyndell (Brent) Cantrell, Kerry Elliott, Kevin Graves, Jeena
Lynch, Tyler McCormack and John Muncy.
Mayor Clark read a Proclamation declaring May 20 - 26, 2012 as Emergency Medical
Services Week.
Mayor Clark read a Proclamation recognizing the Waterloo Black Hawks.
Mayor Clark read a Proclamation declaring Saturday, May 26, 2012 as KOKZ Cool
105.7 Fourth Street Cruise Day.
CONSENT AGENDA
138003 - 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 Accounts Payable Invoice Report, dated May 21, 2012,
in the amount of $13,838,985.58, 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. 2012-461.
2. Request of James Kline for a concrete driveway to be located at 4750
William Drive, 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. 2012-462.
3. Request of Spicolis (Full House Productions) for a variance to the Noise
Ordinance on Friday, May 25, 2012 and Saturday, May 26, 2012 from 5:00
p.m. to 9:00 p.m. in conjunction with Cornstock event that will be held in
the back patio area, including live band and PA system, together with
recommendation of approval of Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2012-463.
b. Motion to approve the following:
1.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Lieutenant
Carrier
Glacken
Background
Investigation
for Public
Safety
Oak Creek,
Wisconsin
June 10-
12, 2012
$690.00
May 21, 2012 Page 2
2.
3.
Tim Pillack,
Captain; Todd
Wilson,
Planner/Analyst
HALO Counter-
Terrorism
Summit
San Diego,
California
October
28 -
November
3, 2012
$5,890.00
Matt Chesmore,
Rehabilitation
and Relocation
Specialist
Healthy Homes
Essentials
Hiawatha,
Iowa
June 4-6,
2012
$585.00
4. Recommendation of appointment of Phillip Thompson to the position of Park
Maintenance II - Forestry, effective May 22, 2012 -Submitted by Paul
Huting, Leisure Services Director
Class B Beer License Permit Application
5. Iry Warren Memorial Golf Course, 1000 Fletcher Avenue (Renewal) (Expires
3/31/13) (Includes Sunday Sales)
Outdoor Service Area Application
6. Iry Warren Memorial Golf Course, 1000 Fletcher Avenue
7. Gates Park Golf Shop, 820 E. Donald Street
Fireworks Display Application
7. Waterloo Bucks, 850 Park Road (May 30, June 16, July 5, August 3, August
11)
8. Mike Barrett, 4246 Logan Avenue (June 2, 2012 for My Waterloo Days June
3, 2012 is the alternate day)
9. Mike Barrett, 4246 Logan Avenue (June 29, 2012 for Isle of Capri Casino)
10.Bonds
Class C Beer License Permit Application
11.E1 Mercadito, 520 La Porte Road (Renewal) (Expires 5/21/2013) (Includes
Sunday Sales)
Class C Liquor License Permit Application
12.Golden China Restaurant, 2046 E. Ridgeway Avenue (Renewal) (Expires
(Includes Sunday Sales)
13.Fiesta Jalisco, 350 Fletcher Avenue (Renewal) (Expires 4/5/2013) (Includes
Sunday Sales)
14.Gates Park Golf Shop, 820 E. Donald Street (Renewal) (Expires 5/10/2013)
(Includes Sunday Sales)
c. Motion to deny the following:
Class C Beer License Permit Application
15.Club Fever, 313 W. 5th Street (Renewal) (Expires 4/21/2013) (Includes
Sunday Sales)
Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt abstained from the
bills payment to Schmitt Telecom.
PUBLIC HEARINGS
138004 - Schmitt/Welper
that "Resolution resetting date of hearing and bid opening as June 11, 2012; and
instruct City Clerk to publish notice of plans, specifications, form of
contract, etc. in conjunction with F.Y. 2012 Chamberlain Demolition Phase 3 -
550 Esther Street, Contract No. 806", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-464.
138005 - Getty/Hart
that proof of publication of notice of public hearing on F.Y. 2012 Logan Avenue
Sidewalk, Contract No. 782, as published in the Waterloo Courier on May 17,
2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
138006- 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. Voice vote -Ayes: Seven. Motion carried.
May 21, 2012 Page 3
138007 - Getty/Hart
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with F.Y. 2012 Logan Avenue Sidewalk, Contract No. 782", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-465.
138008 - Getty/Hart
that "Resolution ordering construction in conjunction with F.Y. 2012 Logan
Avenue Sidewalk, Contract No. 782", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-466.
138009 - Getty/Hart
Bidder
Bid
Security
Bid Amount
B & B Builders & Supply
5728 Sierra Drive
Waterloo, Iowa 50701
5%
$63,061.50
Mike Dolan
Concrete and Masonry Inc.
1140 Fairchild Street
Waterloo, Iowa 50703
5%
$53,040.50
Voice vote -Ayes: Seven. Motion carried.
138010 - Hart/Cole
that proof of publication of notice of public hearing on F.Y. 2012 Sidewalk
Repair Program - Zone 2, Contract No. 824, as published in the Waterloo Courier
on May 17, 2012, be received and placed on file. Voice vote -Ayes: Seven.
Motion carried.
138011 - 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: Seven. Motion carried.
138012 - Hart/Welper
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with F.Y. 2012 Sidewalk Repair Program - Zone 2, Contract
No. 824", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-467.
138013 - Hart/Welper
that "Resolution ordering construction in conjunction with F.Y. 2012 Sidewalk
Repair Program - Zone 2, Contract No. 824", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-468.
138014 - Hart/Welper
Bidder
Bid
Security
Bid Amount
B & B Builders & Supply
5728 Sierra Drive
Waterloo, Iowa 50701
5%
$95,389.49
Voice vote -Ayes: Seven. Motion carried.
138015 - Greenwood/Schmitt
that proof of publication of notice of public hearing on Yardwaste Grinding
Project, as published in the Waterloo Courier on May 17, 2012, be received and
placed on file. Voice vote -Ayes: Seven. Motion carried.
May 21, 2012 Page 4
138016 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Greenwood/Schmitt
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
Mr. Schmitt questioned if there is commercial dumping happening at the yardwaste
site. Mayor Clark urged citizens to not put garbage in the blue containers. They
are for yard waste only.
138017 - Greenwood/Schmitt
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with Yardwaste Grinding Project", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-469.
138018 - Greenwood/Schmitt
that "Resolution ordering to proceed with Yardwaste Grinding Project", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-470.
138019 - Greenwood/Schmitt
Bidder
Bid Amount
LaVerne De
Boef
$1.45 per yard
$34,800.00
Voice vote -Ayes: Seven. Motion carried.
138020 - Hart/Welper
that proof of publication of notice of public hearing on Request of City of
Waterloo on behalf of the Calico Hen's House for a Site Plan Amendment to the
"C -1,C -Z" Conditional Zoning District, to allow the Calico Hen's House, located
at 1040 Alabar Avenue, to sell native wines from the premises, as published in
the Waterloo Courier on May 17, 2012, be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
138021 - 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: Seven. Motion carried.
138022 - Hart/Welper
that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo
Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-
4-4, Approving a Site Plan Amendment on Certain Property in conjunction with
Request of City of Waterloo on behalf of the Calico Hen's House for a Site Plan
Amendment to the "C -1,C -Z" Conditional Zoning District, to allow the Calico
Hen's House, located at 1040 Alabar Avenue, to sell native wines from the
premises", be received, placed on file, considered and passed for the first
time. Roll call vote -Ayes: Seven. Motion carried.
138023 - Hart/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
138024 - Hart/Welper
that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo
Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-
4-4, Approving a Site Plan Amendment on Certain Property in conjunction with
Request of City of Waterloo on behalf of the Calico Hen's House for a Site Plan
Amendment to the "C -1,C -Z" Conditional Zoning District, to allow the Calico
Hen's House, located at 1040 Alabar Avenue, to sell native wines from the
premises", be considered and passed for the second and third times and adopted.
Roll call vote -Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 5117.
May 21, 2012 Page 5
138025 - Schmitt/Greenwood
that proof of publication of notice of public hearing on Development Agreement
for R & N Investment Properties LLC for the sale and conveyance of city -owned
property for $1.00, a portion of Lot 11 in the Northeast Industrial Park Plat
No. 3, for the new 10,000 square foot addition to the existing 30,000 square
foot building at 2277 Northeast Drive, with an added taxable value of
$200,000.00, for a new total minimum taxable value of $895,050.00, as published
in the Waterloo Courier on May 17, 2012, be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
138026 - 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.
138027 - Schmitt/Welper
that "Resolution authorizing said sale and conveyance, and authorize City
Attorney to prepare and deliver deed accordingly in conjunction with Development
Agreement for R & N Investment Properties LLC for the sale and conveyance of
city -owned property for $1.00, a portion of Lot 11 in the Northeast Industrial
Park Plat No. 3, for the new 10,000 square foot addition to the existing 30,000
square foot building at 2277 Northeast Drive, with an added taxable value of
$200,000.00, for a new total minimum taxable value of $895,050.00", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-471.
138028 - Schmitt/Welper
that "Resolution approving said development agreement; and authorize Mayor and
City Clerk to execute said document in conjunction with Development Agreement
for R & N Investment Properties LLC for the sale and conveyance of city -owned
property for $1.00, a portion of Lot 11 in the Northeast Industrial Park Plat
No. 3, for the new 10,000 square foot addition to the existing 30,000 square
foot building at 2277 Northeast Drive, with an added taxable value of
$200,000.00, for a new total minimum taxable value of $895,050.00", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-472.
RESOLUTIONS
138029 - Cole/Hart
that "Resolution approving the transfer of the hotel/motel discretionary grant
in the amount of $30,000.00 (previously awarded February 13, 2010) from the City
of Waterloo Cultural & Arts Department to the RiverLoop Association, Inc.
(formerly Waterloo Expo Services Corp/WESCO) for Amphitheatre marketing and
start-up expenses -Submitted by Michelle Weidner, Chief Financial Officer", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-473.
138030 - Cole/Hart
that "Resolution approving a lease agreement with Rousselow Bros. Farms, Inc. to
farm approximately 28.87 acres of land on farm ground near the northwest corner
of Martin Road and West Ridgeway Avenue in the amount of $3,464.40 with the term
ending on December 31, 2012; 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. 2012-474.
138031 - Cole/Hart
that "Resolution approving Memorandum of Understanding with the City of Cedar
Falls and Black Hawk County to seek FY2012 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program funds in the amount of $85,817.00 to be used for
funding the Tri -County Drug Enforcement Task Force; and authorize Director of
Safety Services to execute said document -Submitted by Daniel J. Trelka, Director
of Safety Services", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-460.
May 21, 2012 Page 6
138032 - Welper/Hart
that "Resolution approving Supplemental Agreement No. 7 with AECOM for
construction related services in the amount of $150,600.00 on the F.Y. 2013 U.S.
Highway 63 Improvements - From Conger Street/Newell Street to Donald Street,
Contract No. 790; and authorize Mayor to execute said document -Submitted by Jeff
Bales, Associate Engineer", be adopted. Roll call vote -Ayes: Six. Nays: One
(Greenwood).
Mr. Greenwood expressed concern with the expenditure of funds and lack of
communication between the DOT and the railroads. Eric Thorson, City Engineer,
reported that the DOT has requested the agreement to gap the project if an
agreement with the railroad cannot be met. The City will pay for the agreement
but the State will reimburse the City. Mr. Hart asked if anything would be done
with the condition of the road if this project were not started this year. Eric
Thorson, City Engineer, reported that it is a concern but there are no plans to
resurface. Mr. Schmitt questioned if this could stall the project. Eric Thorson,
City Engineer, advised Council that the City is working with the DOT and
suggested passing the resolution.
Resolution adopted and upon approval by Mayor assigned No. 2012-475.
138033 - Welper/Hart
that "Resolution approving FY 2012 asbestos survey contract with Hawkeye
Environmental for the asbestos survey of 820 and 910 Sycamore Streets, 626-628
West 9th Street and 1518 West 4th Street in the amount of $2,475.00 -Submitted by
Noel Anderson, Community Planning & Development Director", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-476.
138034 - Welper/Hart
that "Resolution approving the following RiverLoop Association, Inc. documents:
Part -Time Employment Agreement; Employee Leasing Agreement; and Second Amendment
to Public Expo Management Agreement; and authorize Mayor and City Clerk to
execute said documents -Submitted by Cammie Scully, Waterloo Cultural and Arts
Commission Director", be adopted. Roll call vote -Ayes: Seven.
Mr. Schmitt asked for an overview of the Expo management. Jim Walsh, City
Attorney, reported that the board will be reduced but the shell of the
organization will remain. The Riverloop Association will lease City of Waterloo
employees and will manage the marketing and liquor license for the Riverloop
area and Expo grounds.
Resolution adopted and upon approval by Mayor assigned No. 2012-477.
138035 - Schmitt/Welper
that "Resolution approving Hold Harmless Agreement with Northeast Iowa Food
Bank, Inc., to allow for property transfer of the food bank site at Human
Services Campus while a title cloud is being finalized, and authorize Mayor to
sign and fully execute the document -Submitted by Noel Anderson, Community
Planning & Development Director", be adopted. Roll call vote -Ayes: Seven.
Aric Schroeder, City Planner, explained that this hold harmless let's the
project move forward even though there is a cloud on the title.
Resolution adopted and upon approval by Mayor assigned No. 2012-478.
138036 - Schmitt/Welper
that "Resolution approving Occupancy Agreement with Iowa Community Credit Union
to allow for property transfer prior to the credit union relocation to their new
site, which is under construction, and authorize Mayor to sign and fully execute
the 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. 2012-479.
May 21, 2012 Page 7
138037 - Schmitt/Welper
that "Resolution approving Easement Agreement between City of Waterloo and
Metropolitan Transit Authority for temporary access between the MET parking lot
and former Happy Chef site until permanent connections can be made to the site,
and authorize Mayor to sign and fully execute the 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. 2012-480.
138038 - Schmitt/Welper
that "Resolution approving request by R & N Investment Properties LLC for a
Minor Site Plan Amendment to the "M -2,P" Planned Industrial District to allow
for the development of a 10,000 square foot addition to the existing 30,000
square foot building at 2277 Northeast Drive -Submitted by Noel Anderson,
Community Planning & Development Director", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-481.
OTHER COUNCIL BUSINESS
138039 - Hart/Greenwood
that "Resolution fixing date of hearing as May 29, 2012 on the issuance of not
to exceed $750,000 General Obligation Bonds for essential corporate purposes of
said City, the proceeds of which bonds will be used to provide funds to pay
costs of remediation, replacement and improvement of property, buildings,
equipment, and public facilities that have been damaged by a disaster as defined
in Section 29C.2 and that are located in an area that the President of the
United States has declared a major disaster (FEMA -DR -1763), including the
relocated Public Works building/Central Garage Facilities Centralization
project; and instruct City Clerk to publish notice -Submitted by Michelle
Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-482.
138040 - Greenwood/Schmitt
to instruct City Clerk to prepare specifications, bid document, etc. in
conjunction with Parking Cashier Services for West 5th Street/Convention Center
Ramp, be approved. Voice vote -Ayes: Seven. Motion carried.
138041 - Greenwood/Schmitt
that specifications, bid document, etc. in conjunction with Parking Cashier
Services for West 5th Street/Convention Center Ramp, be received and placed on
file. Voice vote -Ayes: Seven. Motion carried.
138042 - Greenwood/Schmitt
that "Resolution preliminarily approving specifications, bid document, etc. in
conjunction with Parking Cashier Services for West 5th Street/Convention Center
Ramp", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-483.
138043 - Greenwood/Schmitt
that "Resolution setting date of hearing and bid opening as June 22, 2012 and
instruct City Clerk to publish notice of specifications, bid document, etc. in
conjunction with Parking Cashier Services for West 5th Street/Convention Center
Ramp", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-484.
ORAL PRESENTATIONS
Kim Elliot, 327 Oakridge Road, expressed concern with the hole on Faulk Road. He
suggested that this be repaired rather than just patching the hole.
Mr. Schmitt gave a Gung Ho to Paul Huting and Leisure Services for the work they
are doing on Washington Park.
May 21, 2012 Page 8
138044 - Hart/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
138045 - Hart/Schmitt
that the Council adjourn at 6:24 p.m. Voice vote -Ayes: Seven. Motion carried.
Suzy Schares
City Clerk