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HomeMy WebLinkAboutMinutes-08/26/2012August 6, 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 6, 2012. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Steve Schmitt, Council Member at Large. 139578- Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, August 6, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 139579 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, July 23, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Recognition of August 2012 Team Member of the Month - Ryan Mahood. Mayor Clark read a Proclamation declaring August 7, 2012 as National Night Out. CONSENT AGENDA 139580 - 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, pp. 1-26, dated August 6, 2012, in the amount of $4,663,820.95, 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. 2012-758. 2. Request of Main Street Waterloo, the Waterloo Community Schools and the City of Waterloo to hold the Mayor's Fitness Day Fun Run on September 11, 2012 from 9:30 a.m. to 12:00 p.m. at the Expo Grounds, including a 1 -mile fun run route to start on West 4th Street at Jefferson Street, north along 4th Street, west at Mulberry Street, south at Park Street, and end at Jefferson Street and Park Street at Expo Grounds -Submitted by Joe Leibold, Captain of Police Services. Resolution adopted and upon approval by Mayor assigned No. 2012-759. 3. Request of Pathways Behavioral Services to hold 9th annual Run, Walk and Roll for a Drug Free Community event to be held on October 27, 2012 at 9:00 a.m., with the route to start and end on the access road in front of the Pathways Building located at 3362 University Avenue -Submitted by Joe Leibold, Captain of Police Services. Resolution adopted and upon approval by Mayor assigned No. 2012-760. 4. Request of Gary Eilers for a concrete driveway to be located at 1800 Sycamore 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. 2012-761. 5. Request of Jenifer Engstrom for tax exemptions on improvements totaling $205,000.00 for property located at 5115 William Drive and located in the City Limits Urban Revitalization Area (CLURA)-Submitted by Chris Western, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2012-762. 6. Request of Aric and Joyce Schroeder for tax exemptions on improvements totaling $355,349.00 for property located at 1939 Partridge Lane and located in the City Limits Urban Revitalization Area (CLURA)-Submitted by Chris Western, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2012-763. August 6, 2012 Page 2 7. Request of Kasim Mustedanagic for tax exemptions on improvements totaling $180,000.00 for property located at 4128 Mockingbird Lane and located in the City Limits Urban Revitalization Area (CLURA)-Submitted by Chris Western, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2012-764. 8. 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 1135 Magnolia Parkway $480.99 2127 East 4th Street $2,758.02 Resolution adopted and upon approval by Mayor assigned No. 2012-765. b. Motion to approve the following: 1. 2. 3. 4. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Lieutenant Frana Remington 700 Rifle Armorer Course Montezuma, Iowa August 22, 2012 $240.00 Chawne Paige, Digital Arts Manager Residency Program at Popopstudios International Center for the Visual Arts Popopstudios Nassau, Bahamas August 11, 2012 - September 10, 2012 $1,985.00 Mayor Buck Clark Iowa League of Cities Sioux City, Iowa September 25-28, 2012 $380.00 Officer Gann; Officer Sullivan Tactical Warrant Service Johnston, Iowa September 10-12, 2012 $260.00 5. Mayor Clark's recommendation of the following appointment: Appointee Board/Commission Expiration Date New or Re Appointment Christa Miehe Airport Commission June 30, 2016 New Appointment 6. Motion to receive and file the Iowa Public Official Bond for Trustee Rodger Burris -Submitted by Dennis Clark, General Manager of Waterloo Water Works Class C Liquor License Permit Application 7. Park Road Inn, 306 Park Road (Renewal) (Expires 6/30/2013) (Includes Sunday Sales) Cigarette License Permit Application 8. Casey's 218 Pub Inc., 4014 University Avenue 9. Bonds Outdoor Service 10.Benevolent & Protective Order of Elks #290, 407 E. Park Avenue from August 10, 2012 to September 8, 2012 11.Cedar Valley Pride Fest, 300 Block of West 4th Street & under viaduct Special Class C Beer & Wine License Permit Application 12.Young Arena, 125 Commercial Street (Renewal) (Expires 9/6/2013) (Includes Sunday Sales) Class B Beer License Permit Application 13.Cedar Valley Pride Fest, 300 Block of West 4th Street & under viaduct (New) (5 day license from 8/18-23/2012) August 6, 2012 Page 3 Class C Beer License Permit Application 14.Bamboo Ridge Campground, Inc., 4550 Hess Road (Renewal) (Expires 9/14/2013) (Includes Sunday Sales) Class B Wine License Permit Application 15.Bamboo Ridge Campground, Inc., 4550 Hess Road (Renewal) (Expires 9/14/2013) (Includes Sunday Sales) Ownership Update Only 16.Waterloo Expo Services Corp, 400 Jefferson Street Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 139581 - Schmitt/Greenwood that proof of publication of notice of public hearing on Request of Terry Kezar and David Roeder of 1200 Baltimore Street, Charles and Debbie Lane of 1204 Baltimore Street, Michael and Sandra Ortman of 1208 Baltimore Street and Leonard Rumpza of 1218 Baltimore Street for the vacation, sale and conveyance of a section of alley behind their homes for $50.00 each, while the City of Waterloo would retain the alley behind 1228 Baltimore Street for future development, as published in the Waterloo Courier on August 2, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139582 - This being the time and place of public hearing, the Mayor called for written and oral objections. Oral comments on file in the City Clerk's office Schmitt/Greenwood that the hearing be closed and oral and written comments and recommendation of approval of Building & Grounds Committee be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139583 - Schmitt/Greenwood that "an Ordinance vacating section of alley behind the homes of Terry Kezar and David Roeder of 1200 Baltimore Street, Charles and Debbie Lane of 1204 Baltimore Street, Michael and Sandra Ortman of 1208 Baltimore Street and Leonard Rumpza of 1218 Baltimore Street in conjunction with request of Terry Kezar and David Roeder of 1200 Baltimore Street, Charles and Debbie Lane of 1204 Baltimore Street, Michael and Sandra Ortman of 1208 Baltimore Street and Leonard Rumpza of 1218 Baltimore Street for the vacation, sale and conveyance of a section of alley behind their homes for $50.00 each, while the City of Waterloo would retain the alley behind 1228 Baltimore Street for future development", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Getty. Nays: Cole, Jones, Greenwood, Schmitt, Welper, Hart. Motion failed. 139584 - Greenwood/Schmitt that proof of publication of notice of public hearing on F.Y. 2013 Sidewalk Repair Assessment Program - Zone 2, Contract No. 826, as published in the Waterloo Courier on August 2, 2012, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 139585 - This being the time and place of public hearing, the Mayor called for written and oral objections. Oral comments on file in the City Clerk's office Moved by Greenwood, seconded by Schmitt to approve allowing a 6 month exemption for the property located at Lawnhill and Campbell from the sidewalk assessment due to a house being built on the property, and to have the property added back into the sidewalk assessment in approximately 6 months when the house will be completed. Oral comments on file in the City Clerk's office. Greenwood/Schmitt that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. August 6, 2012 Page 4 139586 - Greenwood/Schmitt that "Resolution to adopt Proposed Resolution of Necessity, as proposed or amended in conjunction with F.Y. 2013 Sidewalk Repair Assessment Program - Zone 2, Contract No. 826", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-766. 139587 - Getty/Greenwood that proof of publication of notice of public hearing on F.Y. 2013 Sidewalk Repair Assessment Program - Zone 2, Contract No. 826, as published in the Waterloo Courier on August 2, 2012, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 139588 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Greenwood that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139589 - Getty/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2013 Sidewalk Repair Assessment Program - Zone 2, Contract No. 826", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-767. 139590 - Getty/Greenwood that "Resolution ordering construction in conjunction with F.Y. 2013 Sidewalk Repair Assessment Program - Zone 2, Contract No. 826", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-768. 139591 - Getty/Greenwood 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 B & B Builders & Supply 5728 Sierra Drive Waterloo, Iowa 50701 5% $294,081.42 Mike Dolan Concrete & Masonry Inc. 1140 Fairchild Street Waterloo, Iowa 50703 55 $300,503.50 Voice vote -Ayes: Seven. Motion carried. 139592 - Hart/Welper that proof of publication of notice of public hearing on F.Y. 2012 Lou Henry Hoover Memorial Sculpture Garden, Contract No. 803 (Project was let by IDOT on July 17, 2012), as published in the Waterloo Courier on August 2, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139593 - 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 and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. August 6, 2012 Page 5 RESOLUTIONS 139594 - Schmitt/Hart that "Resolution approving variance to the requirements of the Subdivision Ordinance in Section 2.2(2) Preliminary Plat Approval and Section 2.3(1) Final Plat Submittal for NorthCrest Plat 1 -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-769. 139595 - Schmitt/Hart that "Resolution approving Preliminary and Final Plat of NorthCrest Plat 1 along with the staff report, aerial photo, preliminary and final plats, deed of dedication, certificate of survey and report of the City Engineer -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-770. 139596 - Schmitt/Hart that "Resolution approving Enterprise Zone Agreement #12-HEZ-050 with Dolly James LLC to build six (6) twelve (12) plexes for property generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and E. 8th Street located within the Enterprise Zone; and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning and Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-771. 139597 - Hart/Welper that "Resolution approving request by Lockard Construction, Inc. for a Minor Site Plan Amendment to the "R -4,R -P" Planned Multiple Residence District to allow for the development of a 5,664 square foot office building upon Lot 4 and a part of Lot 3 of Country Club Business Center Addition, subject to the following: 1.) the final site plans meeting all applicable City codes, regulations, etc., including, but not limited to drainage, landscaping, etc.; and 2.) that the curb cuts and entrance locations within the area in question are approved by the City Engineering Department -Submitted by Noel Anderson, Community Planning and Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-772. 139598 - Hart/Welper that "Resolution approving FY2013 Contract with Cedar Bend Humane Society for Animal Control Services through June 30, 2013 in the amount of $156,762.00 plus $25.00 for each call for confined animal pickup -Submitted by Sandie Greco, Traffic Operations Superintendent", be adopted. Roll call vote -Ayes: Four. Nays: Jones, Greenwood, Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2012-773. 139599 - Hart/Welper that "Resolution authorizing the submission of Traffic Safety Grant application to Iowa Department of Transportation in the amount of $20,000.00 for a radio broadcast traffic safety awareness campaign -Submitted by Sandie Greco, Traffic Operations Superintendent", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-774. 139600 - Cole/Hart that "Resolution authorizing the submission of Traffic Safety Grant application to Iowa Department of Transportation in the amount of $150,000.00 for systemic improvements of Washington Street (US 218) signalized intersections -Submitted by Sandie Greco, Traffic Operations Superintendent", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-775. August 6, 2012 139601 - Cole/Hart Page 6 that "Resolution accepting and approving a permanent easement agreement with Leasing International, Ltd. located at 3128 Brockway Road to allow for a portion of the storm water system and other public utilities already in existence to encroach across, over, under and through the northerly portion of the property - Submitted by Ethel Washington, Housing Authority Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-776. 139602 - Cole/Hart that "Resolution approving award of contract to Benton's Sand and Gravel, Inc. of Cedar Falls, Iowa in the amount of $168,817.49; and approving the Contract, Bonds and Certificate of Insurance for the Ridgeway Towers Storm Sewer Underground Detention; and authorize Mayor and City Clerk to execute said documents -Submitted by Ethel Washington, Housing Authority Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-777. 139603 - Welper/Schmitt that "Resolution approving Contract, Bonds and Certificate of Insurance with Shawver Well Company, Inc. of Fredericksburg, Iowa in the amount of $66,384.60 for the 2012 Riverfront Sports Park Water Well Project; and authorize Mayor and City Clerk to execute said documents -Submitted by Mark Gallagher, Leisure Services Sports Manager", be adopted. Roll call vote -Ayes: Six. Nays: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-778. 139604 - Welper/Schmitt that "Resolution approving award of contract to K&W Electric Inc. of Cedar Falls, Iowa in the amount of $63,900.00; and approving Contract, Bonds and Certificate of Insurance for the 2012 Riverfront Sports Park West Exchange Field Lighting Project; and authorize Mayor and City Clerk to execute said documents - Submitted by Mark Gallagher, Leisure Services Sports Manager", be adopted. Roll call vote -Ayes: Six. Nays: Jones. Resolution adopted and upon approval by Mayor assigned No. 2012-779. 139605 - Welper/Schmitt that "Resolution approving recommendation of award of contract to Benton's Sand & Gravel, Inc. of Cedar Falls, Iowa in the amount of $272,178.80 for the F.Y. 2012 Geraldine Road Extension, Contract No. 821 -Submitted by Jeff Bales, Associate Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-780. 139606 - Getty/Schmitt that "Resolution approving recommendation of award of contract to Peterson Contractors, Inc. of Reinbeck, Iowa in the amount of $90,496.10 for the F.Y. 2012 Lou Henry Hoover Memorial Sculpture Garden, Contract No. 803 -Submitted by Jeff Bales, Associate Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-781. 139607 - Getty/Schmitt that "Resolution approving recommendation of award of contract to Vieth Construction Corp. of Cedar Falls, Iowa in the amount of $133,748.20 for the F.Y. 2012 Lincoln Elementary School Safe Routes To School Project, Contract No. 805 -Submitted by W. Wayne Castle, PLS, EI, Associate Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-782. August 6, 2012 Page 7 139608 - Getty/Schmitt that "Resolution approving a Right of Entry Agreement with Stick Brothers LLC for the use of city -owned property located in the vicinity of the southwest corner of Martin Luther King, Jr. Drive and Northeast Drive, while a sale agreement is being finalized; and authorize Mayor and City Clerk to execute any necessary documents -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Oral comments on file in the City Clerk's office. Resolution adopted and upon approval by Mayor assigned No. 2012-783. 139609 - Greenwood/Schmitt that "Resolution approving recommendation of award of contract to Howard R. Green in an amount not to exceed $200,000.00 for Petroleum Material Assessment and $200,000.00 for Hazardous Material Assessment for a total amount not to exceed $400,000.00 to conduct the 2010 US 63 City Wide Petroleum and Hazardous Material Assessment -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-784. 139610 - Schmitt/Welper that "Resolution waiving exercise of right of first refusal to purchase real property at 902 Logan Avenue, also known as the Dunsmore House, from Kaleen J. Hanson, and affirming continued effectiveness of restrictive covenants and right of first refusal set forth in a deed to Kaleen J. Hanson filed September 8, 2003 as Document No. 2004 -08486 -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: One. Nays: Getty, Jones, Greenwood, Schmitt, Welper, Hart. Motion failed. Oral comments on file in the City Clerk's office. 139611 - Hart/Welper that "Resolution approving Enterprise Zone Agreement #12-HEZ-008 with Black Hawk Contracting and Development for the construction of four homes located at the former Lincoln School Site within the Enterprise Zone; and authorize Mayor and City Clerk to execute said document -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-785. OTHER COUNCIL BUSINESS 139612 - Hart/Welper to instruct Leisure Services Director to prepare specifications, bid document, etc. in conjunction with Purchase of John Deere 4720 Tractor & Attachments, be approved. Voice vote -Ayes: Seven. Motion carried. 139613 - Hart/Welper that specifications, bid document, etc. in conjunction with Purchase of John Deere 4720 Tractor & Attachments, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 139614 - Hart/Welper that "Resolution preliminarily approving 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. 2012-786. 139615 - Hart/Welper that "Resolution setting date of hearing and bid opening as August 20, 2012; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids 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. 2012-787. August 6, 2012 139616 - Cole/Hart Page 8 to instruct Community Development Director to prepare 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 approved. Voice vote -Ayes: Seven. Motion carried. 139617 - Cole/Hart that 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 received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139618 - Cole/Hart that "Resolution preliminarily approving 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. 2012-788. 139619 - Cole/Hart that "Resolution setting date of hearing and bid opening as August 20, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. and taking of bids 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. 2012-789. 139620 - Getty/Cole to table until August 20, 2012 in conjunction with Amendment to the City of Waterloo Zoning Ordinance No. 5079 to update the regulations pertaining to alcohol sales related businesses; and an Amendment to the Code of Ordinances, Section 6 of Chapter 2, Liquor Control, of Title 3, Licenses and Business Regulations, by adding a new paragraph F to update the regulations on drive -up windows (tabled from the 7/23/2012 agenda), be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. Oral comments on file in the City Clerk's office. 139621 - Hart/Welper that "Resolution setting date of hearing as August 20, 2012 to approve an amendment to the City of Waterloo Zoning Ordinance No. 5079 to update the regulations pertaining to alcohol sales related businesses; 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. 2012-790. August 6, 2012 ORAL PRESENTATIONS Oral comments on file in the City Clerk's office. 139622 - Hart/Cole Page 9 that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 139623 - Cole/Hart that the Council adjourn at 6:48 p.m. Voice vote -Ayes: Seven. Motion carried. Carol Failor Deputy City Clerk