HomeMy WebLinkAboutMinutes-08/20/2012August 20, 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, August 20, 2012. Mayor Ernest G.
Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Jim Walsh, City Attorney.
139670- Hart/Schmitt
that the Agenda, as amended by tabling item 9 and changing the name on item #18,
for the Regular Session on Monday, August 20, 2012, at 5:30 p.m., be accepted
and approved. Voice vote -Ayes: Seven. Motion carried.
139671 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, August 13,
2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
Mayor Clark read a Proclamation recognizing Payne A.M.E. Church 100th Year
Anniversary.
CONSENT AGENDA
139672 - 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 August 20,
2012, in the amount of $710,571.53, 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. 2012-829.
2. Request of CVS Pharmacy for an asphalt driveway to be located at 205
Franklin 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. 2012-830.
b. Motion to approve the following:
1.
2.
Travel Requests
Name & Title
of Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Chief Dan
Trelka; Tim
Pillack,
Captain; Todd
Wilson,
Planner/Analy
st
MOCIC
Conference
Dubuque,
Iowa
September
18-20,
2012
$1,140.00
8 Law
Enforcement
Officers from
5 different
agencies
MOCIC
Conference
Dubuque,
Iowa
September
18-20,
2012
$1,750.00
3. Recommendation of appointment of Bill Harter to the position of Fire
Captain, effective August 26, 2012 -Submitted by Pat Treloar, Chief of Fire
Services
August 20, 2012
Page 2
4. Receive and file Mayor Clark's recommendation of the following
appointments:
Appointee
Board/Commission
Expiration Date
New or Re
Appointment
Megan Hannam
Design Review Board
August 20, 2015
New Appointment
Leah Morrison
Planning & Zoning
Commission
May 16, 2013
New Appointment
Matt Miehe
Planning & Zoning
Commission
August 20, 2015
New Appointment
Class B Beer License Permit Application
5. Pizza Hut #4345, 2825 Crossroads Boulevard (Renewal) (Expires 7/8/2013)
(Includes Sunday Sales)
Class C Beer License Permit Application
6. Kwik Star #724, 1105 Cedar Bend Drive (Renewal) (Expires 7/21/2013)
(Includes Sunday Sales)
7. Kwik Star #723, 707 Broadway Street (Renewal) (Expires 7/21/2013)
(Includes Sunday Sales)
8. Kwik Star #732, 324 Fletcher Street (Renewal) (Expires 7/21/2013)
(Includes Sunday Sales)
9. Kwik Star #715, 1636 W. 4th Street (Renewal) (Expires 7/29/2013) (Includes
Sunday Sales)
10.Michoacana Meat Market, 1215 Franklin Street (Renewal) (Expires 4/26/2013)
(Includes Sunday Sales)
Class C Liquor License Permit Application
11.Club 700, 1955 Locke Avenue (Renewal) (Expires 6/30/2013) (Includes Sunday
Sales)
12.Chaser's Pub, 3005 University Avenue (Renewal) (Expires 7/7/2013)
(Includes Sunday Sales)
Outdoor Service Area Application
13.Fraternal Order of Eagles #764, 202 East 1st Street (for 9/8/2012)
14.Bonds
Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt abstained from the
bills payment to Schmitt Telecom.
Mayor Clark recognized our new board members and promoted employees.
PUBLIC HEARINGS
139673 - Schmitt/Greenwood
that proof of publication of notice of public hearing on Purchase of John Deere
4720 Tractor & Attachments, as published in the Waterloo Courier on August 16,
2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
139674 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Schmitt/Greenwood
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
139675 - Schmitt/Greenwood
that "Resolution confirming approval of specifications, bid document, etc. in
conjunction with Purchase of John Deere 4720 Tractor & Attachments", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-831.
139676 - Schmitt/Greenwood
that "Resolution authorizing to proceed in conjunction with Purchase of John
Deere 4720 Tractor & Attachments", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-832.
August 20, 2012 Page 3
139677 - Schmitt/Greenwood
to receive and file and instruct City Clerk to open and read bids and refer to
Leisure Services Director for review:
Bidder
Bid Amount
J Deere Comp
$51,838.63
Trade -In $9,575.00
Voice vote -Ayes: Seven. Motion carried.
139678 - Getty/Hart
that proof of publication of notice of public hearing on Demolition and Site
Clearance Project, Contract No. 176 -D -EDI -08-20-12 for the following properties:
120 Randolph Street; 213 North Barclay Street; 318 East 9th Street; 1003
Lafayette Street; 115 Smith Street; 214-216 Independence Avenue; 622 Fowler
Street; 1120 West 5th Street (garage only); and 313 Quincy Street (garage only),
as published in the Waterloo Courier on August 16, 2012, be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
139679 - 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.
139680 - Getty/Hart
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with Demolition and Site Clearance Project, Contract No.
176 -D -EDI -08-20-12 for the following properties: 120 Randolph Street; 213 North
Barclay Street; 318 East 9th Street; 1003 Lafayette Street; 115 Smith Street;
214-216 Independence Avenue; 622 Fowler Street; 1120 West 5th Street (garage
only); and 313 Quincy Street (garage only)", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-833.
139681 - Getty/Hart
that "Resolution ordering construction in conjunction with Demolition and Site
Clearance Project, Contract No. 176 -D -EDI -08-20-12 for the following properties:
120 Randolph Street; 213 North Barclay Street; 318 East 9th Street; 1003
Lafayette Street; 115 Smith Street; 214-216 Independence Avenue; 622 Fowler
Street; 1120 West 5th Street (garage only); and 313 Quincy Street (garage only)",
be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-834.
139682 - Getty/Schmitt
to receive and file and instruct City Clerk to open and read bids and refer to
Community Development Director for review:
Bidder
Bid
Security
Bid Amount
Frickson Bros. Excavating
737 Colleen Ave
Evansdale, IA 50707
$2,455.00
$49,100.00
Lehman Trucking & Excavating, Inc.
1422 Ashland Ave
Waterloo, IA 50703
5%
$61,585.00
Peterson Contractors Inc.
Box A
Reinbeck, IA 50669-0155
5%
$132,710.00
R Company dba Frickson Backhoe & Trucking
911 Central Avenue
Evansdale, IA 50707
$3,480.00
$69,600.00
Voice vote -Ayes: Seven. Motion carried.
August 20, 2012 Page 4
139683 - Greenwood/Schmitt
that proof of publication of notice of public hearing on Demolition and Site
Clearance Services (no regulated asbestos -containing materials) for 312 Charles
Street, 116 W. Parker Street, 135-137 Washington Street, as published in the
Waterloo Courier on August 16, 2012, be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
139684 - 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.
139685 - Greenwood/Schmitt
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with Demolition and Site Clearance Services (no regulated
asbestos -containing materials) for 312 Charles Street, 116 W. Parker Street,
135-137 Washington Street", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-835.
139686 - Greenwood/Schmitt
that "Resolution ordering construction in conjunction with Demolition and Site
Clearance Services (no regulated asbestos -containing materials) for 312 Charles
Street, 116 W. Parker Street, 135-137 Washington Street", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-836.
139687 - Greenwood/Schmitt
to receive and file and instruct City Clerk to open and read bids and refer to
Community Planning & Development Director for review:
Bidder
Bid
Security
Bid Amount
Active Thermal Concepts
2805 Stonegate Ct
Hiawatha, IA 52233
5%
$87,032.00
Frickson Bros. Excavating
737 Colleen Ave
Evansdale, IA 50707
$1,550.00
$31,000.00
Kelly Demolition, LLC
1100 W. Mount Vernon Rd
Mount Vernon, IA 52314
5%
$30,300.00
Lehman Trucking &
Excavating, Inc.
1422 Ashland Ave
Waterloo, IA 50703
o
50
$29,926.00
Peterson Contractors Inc.
Box A
Reinbeck, IA 50669-0155
5%
$62,350.00
Voice vote -Ayes: Seven. Motion carried.
139688 - Hart/Welper
that proof of publication of notice of public hearing on Asbestos Survey
Services for properties located at 1029 South Street, 622 Fowler Street, 616-618
West 9th Street, 1135 Magnolia Street, 506 Reed Street and 214-216 Independence
Avenue, as published in the Waterloo Courier on August 16, 2012, be received and
placed on file. Voice vote -Ayes: Seven. Motion carried.
139689 - 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.
August 20, 2012 Page 5
139690 - Hart/Welper
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with Asbestos Survey Services for properties located at 1029
South Street, 622 Fowler Street, 616-618 West 9th Street, 1135 Magnolia Street,
506 Reed Street and 214-216 Independence Avenue", be adopted. Roll call vote -
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-837.
139691 - Hart/Welper
that "Resolution ordering construction in conjunction with Asbestos Survey
Services for properties located at 1029 South Street, 622 Fowler Street, 616-618
West 9th Street, 1135 Magnolia Street, 506 Reed Street and 214-216 Independence
Avenue", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-838.
139692 - Hart/Welper
to receive and file and instruct City Clerk to open and read bids and refer to
Community Planning & Development Director for review:
Bidder
Bid
Security
Bid Amount
ATC Associates Inc
223 E. 4th St, Suite D
Waterloo, IA 50703
5%
$2,245.00
Haasco Ltd
P.O. Box 156
Dyersville, IA 52040
$220.00
$4,400.00
Hawkeye Environmental
814 Wood Lilly Rd
Solon, IA 52333
5%
$3,285.00
Voice vote -Ayes: Seven. Motion carried.
139693 - Schmitt/Greenwood
that proof of publication of notice of public hearing on Amendment to the City
of Waterloo Zoning Ordinance No. 5079 to update the regulations pertaining to
alcohol sales related businesses, as published in the Waterloo Courier on August
16, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
139694 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Calvin Scott, 502 Pine Street, spoke in support of the ordinance and expressed
concern with the legislation in place at the State level. He asked the City
Council to file a human rights violation against the state for the legislation
they have passed.
Reverend Belinda Creighton -Smith, Faith Temple Baptist Church, spoke in support
of the ordinance and commended the Council for passing the ordinance.
Matt Boyd, 1422 Vine, spoke in support of the ordinance.
Ms. Cole asked Council to pass the Ordinance.
Mr. Schmitt asked if the City could control the number of licenses. He expressed
concern with the state legislation.
Jim Walsh, City Attorney, noted that the City couldn't limit the number of
licenses issues without changing the state law.
Mr. Hart thanked Aric Schroeder, City Planner, for working on the ordinance over
the last three years.
Schmitt/Greenwood
that the hearing be closed and oral and written comments and recommendation of
approval of Planning, Programming and Zoning Commission be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
August 20, 2012 Page 6
139695 - Schmitt/Greenwood
that "an Ordinance amending City of Waterloo Zoning Ordinance No. 5079 to update
the regulations pertaining to alcohol sales related businesses in conjunction
with Amendment to the City of Waterloo Zoning Ordinance No. 5079 to update the
regulations pertaining to alcohol sales related businesses", be received, placed
on file, considered and passed for the first time. Roll call vote -Ayes: Seven.
Motion carried.
139696 - Schmitt/Greenwood
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
139697 - Schmitt/Greenwood
that "an Ordinance amending City of Waterloo Zoning Ordinance No. 5079 to update
the regulations pertaining to alcohol sales related businesses", 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. 5126.
ORDINANCES
139698 - Hart/Welper
that "an Ordinance amending the City Code of Ordinances, Title 3 Business and
License Regulations, Chapter 2 Liquor Control, Section 2 Definitions, by
deleting the definitions of "grocery store" and "pharmacy", and amending Section
6 Conditions of License or Permit, by adding further restrictions on drive -up
window systems in conjunction with Amending the City Code of Ordinances, Title 3
Business and License Regulations, Chapter 2 Liquor Control, Section 2
Definitions (deleting the definitions of "grocery store" and "pharmacy") and
Section 6 Conditions of License or Permit (by adding further restrictions on
drive -up window systems)", be received, placed on file, considered and passed
for the first time. Roll call vote -Ayes: Seven. Motion carried.
139699 - 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.
139700 - Hart/Welper
that "an Ordinance amending the City Code of Ordinances, Title 3 Business and
License Regulations, Chapter 2 Liquor Control, Section 2 Definitions, by
deleting the definitions of "grocery store" and "pharmacy", and amending Section
6 Conditions of License or Permit, by adding further restrictions on drive -up
window systems in conjunction with Amending the City Code of Ordinances, Title 3
Business and License Regulations, Chapter 2 Liquor Control, Section 2
Definitions (deleting the definitions of "grocery store" and "pharmacy") and
Section 6 Conditions of License or Permit (by adding further restrictions on
drive -up window systems)", 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. 5127.
RESOLUTIONS
139701 - Schmitt/Welper
that "Resolution approving one-year School Resource Officers' Agreement with
Waterloo Community School District providing for assignment of six police
officers at a cost of $250,000.00; and authorize Mayor and City Clerk 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. 2012-839.
139702 - Schmitt/Welper
to table Request of Mike Linsey to run a small vending cart southwesterly of
306-310 East 4th Street on Friday and Saturday evenings from 7:00 p.m. to 2:00
a.m.-Submitted by Chris Western, Planner II, be approved. Voice vote -Ayes:
Seven. Motion carried.
August 20, 2012 Page 7
139703 - Schmitt/Welper
that "Resolution approving Amendment No. 1 to Contract Number DR -1763-0046-01
with Iowa Homeland Security and Emergency Management Division (IHSEMD) for the
HMGP Property Acquisition Project, by extending the performance period and the
date by which all work must be completed to 1/15/2013; and authorizing Mayor to
execute said amendment -Submitted by Aric Schroeder, City Planner", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-840.
139704 - Welper/Schmitt
that "Resolution approving Professional Services Agreement with Terracon, Inc.
in an amount not to exceed $10,000.00 in conjunction with construction related
services for F.Y. 2011 Lou Henry Hoover Memorial Sculpture Garden, Contract No.
803; and authorize Mayor and City Clerk to execute said document -Submitted by
Jeff Bales, Associate Engineer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-841.
139705 - Welper/Schmitt
that "Resolution approving Professional Services Agreement with JDE Engineering
in an amount not to exceed $25,300.00 in conjunction with construction related
services for F.Y. 2012 Geraldine Road - Phase II, Contract No. 821; and
authorize Mayor and City Clerk to execute said document -Submitted by Jeff Bales,
Associate Engineer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-842.
139706 - Welper/Schmitt
that "Resolution approving Vandewalle & Associates Proposed Scope of Work for
2012-2013 Agreement for Implementation of Services for the City of Waterloo; and
authorize the 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. 2012-843.
139707 - Getty/Schmitt
that "Resolution approving an Amendment to Financial Assistance Award to revise
the scope of project and amend project budget between the City of Waterloo,
Cedar Valley Tech Works, and Department of Commerce, for the Cedar Valley Tech
Works renovation project that was awarded grant funds through EDA for the Tech 1
building; and authorize the 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. 2012-844.
139708 - Getty/Schmitt
that "Resolution approving a Multiple Obligee Rider between the City of
Waterloo, Waterloo Development Corporation, and Cardinal Construction, as a part
of the Cedar Valley Sportsplex project; and authorize the 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. 2012-845.
139709 - Getty/Schmitt
that "Resolution approving a Class 2 Dock Permit Application with Iowa
Department of Natural Resources for a dock system to be located in the Cedar
River; and authorize the Mayor and City Clerk to execute any necessary
documents -Submitted by Eric Thorson, City Engineer", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-846.
August 20, 2012 Page 8
OTHER COUNCIL BUSINESS
139710 - Cole/Getty
that "Resolution setting date of hearing as September 4, 2012 to approve request
by Build to Suit, Inc. for a site plan amendment in the "S-1" Shopping Center
District, located east of 2541 Crossroads Boulevard to allow for the
construction of a new 16,503 square foot Bio -Life Plasma Services facility; and
instruct City Clerk to publish notice -Submitted by Aric Schroeder, City
Planner", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-847.
139711 - Cole/Getty
that "Resolution setting date of hearing as September 4, 2012 to approve
Development Agreement between MFGC, LLC and the City of Waterloo for the
construction of a 5,664 sq. ft. medical office building in the San Marnan TIF
District, adding $1,275,000.00 of taxable value to site, and offering 1st year
at 72% tax rebates, and then 9 years at 71% tax rebates to company, and
authorize Mayor and City Clerk to execute said document; and instruct City Clerk
to publish notice -Submitted by Noel Anderson, Community Planning & Development
Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-848.
139712 - Cole/Getty
that "Resolution setting date of hearing as September 4, 2012 to approve
Development Agreement between Cedar Valley Warehouse LLC and the City of
Waterloo for the construction of a 40,000 sq. ft. industrial building in the
Airport TIF District, adding $1,200,000.00 of taxable value to site, and
offering 5 years at 50% tax rebates to company, plus a grant to purchase
property for $221,350.00; and instruct City Clerk to publish notice -Submitted by
Noel Anderson, Community Planning & Development Director", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-849.
ORAL PRESENTATIONS
Ryan Madison, 650 Dawson Street, thanked Council for passing the liquor
ordinance.
139713 - Hart/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
139714 - Hart/Schmitt
that the council adjourn to Executive Session at 6:25 p.m. Roll call vote -Ayes:
Seven. Motion carried.
City Attorney Jim Walsh stated that discussion of strategy in matters in
litigation is an approved topic of Executive Session pursuant to Iowa Code
Section 21.5 (1) (c) (2011) .
EXECUTIVE SESSION
139715 - Hart/Schmitt
that the council adjourn Executive Session at 6:42 p.m. Voice vote -Ayes:
Seven. Motion carried.
139716 - Hart/Schmitt
To proceed. Voice vote -Ayes: Seven. Motion carried.
ADJOURNMENT
139717 - Hart/Schmitt
that the Council adjourn at 6:42 p.m. Voice vote -Ayes: Seven. Motion carried.
Suzy Schares
City Clerk