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HomeMy WebLinkAboutMinutes-08/27/2012August 27, 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 27, 2012. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Michelle Weidner, Chief Financial Officer. 139722 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, August 27, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 139723 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, August 20, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark recognized the Waterloo Commission on Human Rights and the Commission Training Academy Participants. Mayor Clark read a Proclamation declaring September 2012 as Life Insurance Awareness Month. Mayor Clark presented a Certificate of Heroism to Tony Pauley. CONSENT AGENDA 139724 - 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 27, 2012, in the amount of $4,289,786.25, 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. 2012-850. 2. Request from East High School to hold annual Homecoming Parade on September 14, 2012 from 2:00 p.m. to 4:00 p.m., with route beginning at intersection of High and Vine, proceeding to Fremont and Walnut, continue on Walnut Street to East 4th Street, north on East 4th Street, east on Lime Street, south on High Street, returning to East High School -Submitted by Daniel J. Trelka, Director of Safety Services Resolution adopted and upon approval by Mayor assigned No. 2012-851. 3. Request of Full House Productions LLC dba Spicoli's Bar and the Reverb Rock Garden for a variance to the Noise Ordinance on September 2, 2012 from 4:00 p.m. to 10:00 p.m. in conjunction with University Car Cruise event to be held in parking lot of Spicoli's Bar and the Reverb Rock Garden, 3555 University Avenue, including a DJ and the use of a PA system, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2012-852. 4. Request of Rosella Thompson for tax exemptions on improvements totaling $8,665.00 for property located at 1911 Bourland Avenue and located in the Consolidated Urban Revitalization Area (CURA)-Submitted by Chris Western, Planner II Resolution adopted and upon approval by Mayor assigned No. 2012-853. 5. Request of P.J. Lawless for tax exemptions on improvements totaling $65,000.00 for property located at 2002 Ashland Avenue and located in the Consolidated Urban Revitalization Area (CURA)-Submitted by Chris Western, Planner II Resolution adopted and upon approval by Mayor assigned No. 2012-854. August 27, 2012 Page 2 6. Request of Floyd McElhaney for tax exemptions on improvements totaling $70,000.00 for property located at 423 Bishop Avenue and located in the Consolidated Urban Revitalization Area (CURA)-Submitted by Chris Western, Planner II Resolution adopted and upon approval by Mayor assigned No. 2012-855. 7. Request to certify the following assessments to properties for work performed by the Water Works, together with recommendation of approval of Board of Water Works Trustees -Submitted by Dennis Clark, General Manager of Waterloo Water Works: Address Amount to certify 622 Sherman Avenue $2,100.00 132 Hope Avenue $2,050.00 Resolution adopted and upon approval by Mayor assigned No. 2012-856. 8. Request of Kainonia M.F.S.B. Church for a variance to the Noise Ordinance on September 2, 2012 from 9:30 a.m. to 4:00 p.m. in conjunction with church picnic and morning services event to be held at 2222 Falls Avenue including live music and the use of a PA system, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2012-857. b. Motion to approve the following: 1. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Michelle Weidner, Chief Financial Officer New World Systems Annual Conference Chicago, Illinois September 22-25, 2012 $1,300.00 2. Recommendation to change appointment of Bill Harter to the position of Fire Captain, to be effective September 4, 2012 instead of August 26, 2012 -Submitted by Pat Treloar, Chief of Fire Services 3. Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re Appointment Doris Kelley Telecommunications Board January 1, 2018 Re -Appointment Cheryl Faries Human Rights Commission January 1, 2013 New Appointment Class B Beer License Permit Application 4. Pizza Hut #4345, 2825 Crossroads Boulevard (Renewal) (Expires 7/8/2013) (Includes Sunday Sales) Class C Beer License Permit Application 5. Michoacana Meat Market, 1215 Franklin Street (Renewal) (Expires 4/26/2013) (Includes Sunday Sales) 6. Kwik Star #722, 1214 Franklin Street (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 #724, 1105 Cedar Bend Drive (Renewal) (Expires 7/21/2013) (Includes Sunday Sales) 9. Kwik Star #732, 324 Fletcher Street (Renewal) (Expires 7/21/2013) (Includes Sunday Sales) 10.Kwik Star #715, 1636 West 4th Street (Renewal) (Expires 7/29/2013) (Includes Sunday Sales) 11.Neighborhood Mart, 2100 Lafayette Street (Renewal) (Expires 7/31/2013) (Includes Sunday Sales) August 27, 2012 Page 3 Class C Liquor License Permit Application 12.House of Blues - Waterloo, 521 Dane Street (Renewal) (Expires 6/30/2013) (Includes Sunday Sales) 13.Club 700, 1955 Locke Avenue (Renewal) (Expires 6/30/2013) (Includes Sunday Sales) 14.Chaser's Pub, 3005 University Avenue (Renewal) (Expires 7/7/2013) (Includes Sunday Sales) 15.Vic's Lounge, 1106 LaPorte Road (Renewal) (Expires 7/16/2013) Class E Liquor License Permit Application 16.Neighborhood Mart, 2100 Lafayette Street (Renewal) (Expires 7/31/2013) (Includes Sunday Sales) Class B Wine License Permit Application 17.Neighborhood Mart, 2100 Lafayette Street (Renewal) (Expires 7/31/2013) (Includes Sunday Sales) Outdoor Service Area Application 18.Fraternal Order of Eagles #764, 202 East 1st Street (September 8, 2012) 19.Chaser's Pub, 3005 University Avenue 20.Spicoli's, 3555 University Avenue (September 2, 2012) 21.Vic's Lounge, 1106 LaPorte Road 22.Bonds Roll call vote -Ayes: Seven. Item 1.b.1: Nays One (Schmitt). Motion carried. Mr. Schmitt abstained from the bills payment to Schmitt Telecom. PUBLIC HEARINGS 139725 - Schmitt/Welper that proof of publication of notice of public hearing on Intersection of US 63 (Sergeant Road) and University Avenue Traffic Safety Improvements, as published in the Waterloo Courier on August 23, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139726 - 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. 139727 - Schmitt/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Intersection of US 63 (Sergeant Road) and University Avenue Traffic Safety Improvements", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-858. 139728 - Schmitt/Welper that "Resolution ordering construction in conjunction with Intersection of US 63 (Sergeant Road) and University Avenue Traffic Safety Improvements", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-859. 139729 - Schmitt/Welper to receive and file and instruct City Clerk to open and read bids and refer to Traffic Operations Superintendent for review: Voice vote -Ayes: Seven. Motion carried. 139730 - Hart/Getty to table the hearing and bid opening on Wireless Communication Services indefinitely. Voice vote -Ayes: Seven. Motion carried. Bidder Bid Security Bid Amount KWS, P.O. Cedar Inc. Box 96 Falls, IA 50613 5% $84,958.40 Voice vote -Ayes: Seven. Motion carried. 139730 - Hart/Getty to table the hearing and bid opening on Wireless Communication Services indefinitely. Voice vote -Ayes: Seven. Motion carried. August 27, 2012 Page 4 RESOLUTIONS 139731 - Jones/Greenwood that "Resolution approving Iowa Department of Transportation Air Service Development Grant Agreement in the amount of $28,000.00 with a 20 percent city match, for air service consulting and marketing for Waterloo Regional Airport; and authorize Mayor to execute said documents -Submitted by Bradley Hagen, Airport Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-860. 139732 - Jones/Greenwood that "Resolution approving of Agreement with Panther Sports Properties, L.L.C. in the amount of $16,000.00 for marketing and promotion related to air service at Waterloo Regional Airport; and authorize Mayor and City Clerk to execute said documents -Submitted by Bradley Hagen, Airport Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-861. 139733 - Jones/Greenwood that "Resolution approving Six Month Automobile Lease Agreement with C & S Car Company for School Resource Officer Program at no cost to the City; 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. 2012-862. 139734 - Jones/Hart that "Resolution approving award of contract to Frickson Bros. Excavating of Evansdale, Iowa in the amount of $49,100.00; and approving the Contract, Bonds and Certificate of Insurance for the 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); and authorize Mayor and City Clerk to execute said documents -Submitted by Rudy D. Jones, Community Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-863. 139735 - Jones/Hart that "Resolution approving award of bid to John Deere Company of Cary, North Carolina for a John Deere 4720 Tractor and Attachments in the amount of $42,263.63; and approving the purchase to be delivered by Waterloo Implement of Waterloo, Iowa -Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-864 139736 - Jones/Hart that "Resolution approving First Amendment to Development Agreement with Roger Klingfus dba Metro Transmission Inc. to change the start and completion dates for the construction of an approximate 2,000 square foot industrial building; 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. Mr. Welper expressed concern with the number of items being required or disallowed by the Design Review Board. Noel Anderson, Community Planning and Development Director, noted that the City is working with Mr. Klingfus on these guidelines for the design. Mayor Clark noted that Mr. Klingfus time to complete the project has expired so the City is working with him to complete this in a timely manner. Resolution adopted and upon approval by Mayor assigned No. 2012-865. August 27, 2012 Page 5 139737 - Jones/Hart that "Resolution approving award of contract to Howard R. Green of Cedar Rapids, Iowa in an amount not to exceed $400,000.00; and approving the Contract, Bonds and Certificate of Insurance for the Implementation of the US 63 City Wide Petroleum and Hazardous Material Assessment Grant; 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. 2012-866. 139738 - Jones/Hart that "Resolution approving installation of 100 watt HPS street lights at the following locations: southeast corner of Morning Dove and Hummingbird; dead end of Morning Dove; midblock of Morning Dove on the east side of the street; dead end of Crabapple; dead end of Falcon Ridge; and authorize City Clerk to notify MidAmerican Energy -Submitted by Sandie Greco, Traffic Operations Superintendent", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-867. 139739 - Jones/Hart that "Resolution approving project -funding agreement with Waterloo Development Corporation in the amount of $41,391.05 for the purchase and installation of the Cedar River Docks; and authorize Mayor to execute said document -Submitted by Eric Thorson, City Engineer", be adopted. Roll call vote -Ayes: Seven. Mayor Clark noted that the intent is to have them installed this year. Resolution adopted and upon approval by Mayor assigned No. 2012-868. 139740 - Cole/Welper that "Resolution approving Cedar River Docks Quotation from Cedar Lake EZ Dock of Nashua, Iowa in the amount of $41,391.05 -Submitted by Eric Thorson, City Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-869. 139741 - Cole/Welper that "Resolution approving an Agreement in the acceptance of a Black Hawk County Gaming Association Grant in the amount of $20,000.00 to be used to purchase items used in neighborhood traffic monitoring; and authorize Mayor to execute said document -Submitted by Joe Leibold, Captain of Police Services", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-870. 139742 - Cole/Welper that "Resolution approving a Purchase Agreement for 902 Logan Avenue with Kaleen J. Hanson in the amount of $35,000.00 plus up to $400.00 in closing costs; authorize the use of Hotel/Motel Tax Discretionary Funds; and authorize Mayor and City Clerk to execute said document -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Four. Nays: Cole, Greenwood, Schmitt. Mr. Schmitt questioned the progress of a plan for the property. Noel Anderson, Community Planning and Development Director, stated that the Planning Department is waiting until Council has approved this item to move forward with developing a plan. Resolution adopted and upon approval by Mayor assigned No. 2012-871. 139743 - Jones/Hart that "Resolution approving award of contract to Lehman Trucking and Excavating of Waterloo, Iowa in the amount of $29,926.00; and approving the Contract, Bonds and Certificate of Insurance for the demolition of 135-137 University Avenue, 312 Charles Street, and 116 W. Parker Street; 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. 2012-872. August 27, 2012 Page 6 139744- Jones/Hart that "Resolution approving award of contract to ATC and Associates of Waterloo, Iowa in the amount of $2,245.00; and approving the Contract, Bonds and Certificate of Insurance for the asbestos survey services for 214-216 Independence, 1029 South Street, 622 Fowler, 616-618 W. 9th Street, and 506 Reed Street; 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. 2012-873. 139745 - Jones/Hart that "Resolution approving Blue Zones Project to improve the overall well-being and economic vitality of the City of Waterloo -Submitted by Suzy Schares, City Clerk", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-874. ORDINANCES 139746 - Hart/Greenwood CORRECTED SCRIBNOR'S ERROR that "an Ordinance amending the 2008 Traffic Code by adding Subsection (125a) Fifth Street (W) to Section 551, Parking Prohibited At All Times on Certain Streets (southeast side in the 1000 block of West 5th Street)", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt expressed concern with this being done on the 1000 block. He believed it is the 1100 block. Sandie Greco, Traffic Superintendant, reported that if it were incorrect she would bring an amendment back to Council. 139747 - Hart/Greenwood 139748 - that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt complimented Ms. Greco, Traffic Superintendant, and the Irving PTO for getting this done. Hart/Greenwood that "an Ordinance amending the 2008 Traffic Code by adding Subsection (125a) Fifth Street (W) to Section 551, Parking Prohibited At All Times on Certain Streets (southeast side in the 1000 block of West 5th Street)", 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. 5128. 139749 - Hart/Greenwood that "an Ordinance amending the 2008 Traffic Code by adding Subsection (62a) Lafayette Street to Section 553, No Parking Here To Corner (southwest side in the 900 block in a southeasterly direction from E. 7th Street)", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 139750 - Hart/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. 139751 - Hart/Greenwood that "an Ordinance Lafayette Street to the 900 block in a southeasterly direction and passed for the second and third times Seven. amending the 2008 Traffic Code by adding Subsection (62a) Section 553, No Parking Here To Corner (southwest side from E. 7th Street) ", be and adopted. Roll call Ordinance adopted and upon approval by Mayor assigned No. 5129. in considered vote -Ayes: August 27, 2012 Page 7 OTHER COUNCIL BUSINESS 139752 - Cole/Hart to instruct Public Works Director to prepare bid documents, specifications, etc. in conjunction with Asbestos Abatement at 1001 Linden Avenue, be approved. Voice vote -Ayes: Seven. Motion carried. 139753 - Cole/Hart that bid documents, specifications, etc. in conjunction with Asbestos Abatement at 1001 Linden Avenue, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139754 - Cole/Hart that "Resolution preliminarily approving bid documents, specifications, etc. in conjunction with Asbestos Abatement at 1001 Linden Avenue", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-875. 139755 - Cole/Hart that "Resolution setting date of hearing and bid opening as September 10, 2012; and instruct City Clerk to publish notice of bid documents, specifications, etc. in conjunction with Asbestos Abatement at 1001 Linden Avenue", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-876. ORAL PRESENTATIONS Katherine Riley, 954 Colby Road, expressed concern with missing children and asked the City to use the additional tools. She will meet with the Police Chief to give him the website. Mayor Clark reminded citizens that Taylor Morris will arrive home on Thursday afternoon at 1:00 p.m. at the Waterloo Airport and asked for a large turnout. Mayor Clark noted that there is a problem with the blue cart service and individuals contaminating the carts by not placing the proper items in the cart at the right time. They are not for trash. If this issue is not correct the price will be increased or the program will end. 139756 - Hart/Cole that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 139757 - Hart/Cole that the Council adjourn at 6:07 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy Schares City Clerk