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HomeMy WebLinkAboutMinutes-07/16/2012July 16, 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, July 16, 2012. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Ron Welper, Ward 5 Council Member. 139499 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, July 16, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 139500 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, July 9, 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 Firefighters: Benjamin Paul Smith and James Douglas Mayer. CONSENT AGENDA 139501 - 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 July 16, 2012, in the amount of $3,938,504.66, 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. 2012-712. 2. Cancellation of assessment for the following address: 1017 Leavitt Street; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellations -Submitted by Suzy Schares, City Clerk. Resolution adopted and upon approval by Mayor assigned No. 2012-713. 3. Request of Main Street Waterloo to hold BBQ'Loo & Blues Too event at Lincoln Park on Friday, July 20, 2012 from 7:00 a.m. and Saturday, July 22, 2012 to 1:00 a.m. for the Sanctioned BBQ competition, with the following street closures: 400 block of E. Park Avenue northbound only; 400 block of E. 4th Street; 500 block of Mulberry Street, together with approval of Director of Safety Services -Submitted by Joe Leibold, Captain of Police Services. Resolution adopted and upon approval by Mayor assigned No. 2012-714. 4. Request of Main Street Waterloo for a variance to the Noise Ordinance on the following dates and times: Friday, July 20, 2012 from 5:30 p.m. to 9:30 p.m.; Saturday, July 21, 2012 from 1:00 p.m. to 5:00 p.m.; Sunday, from 6:00 p.m. to 10:00 p.m. in conjunction with BBQ'Loo & Blues Too event to be held at Lincoln Park including a band and the use of a PA system, together with recommendation of approval of Director of Safety Services. - Submitted by Joe Leibold, Captain of Police Services. Resolution adopted and upon approval by Mayor assigned No. 2012-715. July 16, 2012 b. Motion to approve the following: Page 2 1. Recommendation of appointment of Rick Curran to the position of Solid Waste Foreman, effective July 31, 2012 -Submitted by Larry Smith, Waste Management Services Superintendent 2. Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re Appointment Jim Ellis Main Street Board December 31, 2012 Re -Appointment Vern Nelson III Main Street Board December 31, 2012 New Appointment Brian Aronson Main Street Board December 31, 2013 Re -Appointment Don Temeyer Main Street Board December 31, 2013 Re -Appointment Kathy McGowan Main Street Board December 31, 2013 Re -Appointment Mary Ellen Warren Main Street Board December 31, 2013 Re -Appointment Mason Fromm Main Street Board December 31, 2013 Re -Appointment Steve Sinnott Main Street Board December 31, 2013 Re -Appointment Corey Lorenzen Main Street Board December 31, 2014 Re -Appointment Ed Ottesen Main Street Board December 31, 2014 Re -Appointment Jane Messingham Main Street Board December 31, 2014 Re -Appointment Mike Butler Main Street Board December 31, 2014 Re -Appointment Shaylin Marti Main Street Board December 31, 2014 Re -Appointment Class B Beer License Permit Application 3. American Golf Course, 1575 W. Big Rock Road (Renewal) (Expires 6/30/2013) (Includes Sunday Sales) Class C Liquor License Permit Application 4. Applebee's Neighborhood Grill & Bar, 2780 Crossroads Boulevard (Renewal) (Expires 6/23/2013) (Includes Sunday Sales) Class B Native Wine License Permit Application 5. Casey's General Store #2427, 3035 Logan Avenue (Additional Privilege) (Expires 7/10/2013) (Includes Sunday Sales) Outdoor Service Area Application 6. American Golf Course, 1575 W. Big Rock Road 7. Benevolent & Protective Order of Elks #290, 407 E. Park Avenue (7/20/2012 to 7/21/2012) 8. Benevolent & Protective Order of Elks #290, 407 E. Park Avenue (7/27/2012 to 7/28/2012) Solicitation Registration Application 9. Mike Mrzlak of AMVETS Post #19, 655 Cedar Street Class B Beer License Permit Application 10. Smoker's Choice, 210 W. 18th Street (Renewal) (Expires 6/7/2013) Second Hand Goods Dealer License Application 11. Michael & Associates Auctions, Appraisals & Firearms, 210 W. 18th Street Roll call vote -Ayes: Seven. Motion carried. July 16, 2012 Page 3 PUBLIC HEARINGS 139502 - Schmitt/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Byrnes Park Drainage Improvements - Phase I & II, Contract No. 822", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-716. 139503 - Schmitt/Greenwood that "Resolution ordering construction in conjunction with F.Y. 2012 Byrnes Park Drainage Improvements - Phase I & II, Contract No. 822", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-717. 139504 - Schmitt/Greenwood to receive and file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review in conjunction with F.Y. 2012 Byrnes Park Drainage Improvements - Phase I & II, Contract No. 822: Bidder Bid Security Bid Amount Baker Concrete & Excavating 2203 E. Bremer Avenue Waverly, IA 50677 5% $478,766.20 Benton's Sand & Gravel, Inc 905 Center Street Cedar Falls, IA 50613 5% $425,563.49 K Cunningham Construction Co., Inc. 1025 Center Street Cedar Falls, IA 50613 5% $405,145.60 Peterson Contractors Inc. Box A Reinbeck, IA 50669 5% $410,703.94 Stickfort Construction PO Box 447 Hudson, IA 50643 5% $472,176.20 Vieth Construction Corp 6419 Nordic Drive Cedar Falls, IA 50613 5% $497,208.63 Voice vote -Ayes: Seven. Motion carried. 139505 - Welper/Schmitt that proof of publication of notice of public hearing on Rehabilitate Taxiway "E" at Waterloo Regional Airport, as published in the Waterloo Courier on July 10, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139506 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Schmitt that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 139507 - Welper/Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Rehabilitate Taxiway "E" at Waterloo Regional Airport", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-718. 139508 - Welper/Schmitt that "Resolution ordering construction in conjunction with Rehabilitate Taxiway "E" at Waterloo Regional Airport", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-719. July 16, 2012 Page 4 139509 - Welper/Schmitt to receive and file and instruct City Clerk to open and read bids and refer to Airport Director for review in conjunction with Rehabilitate Taxiway "E" at Waterloo Regional Airport: Bidder Bid Security Bid Amount Aspro, Inc PO Box 2620 Waterloo, IA 50704 5% $1,083,425.25 Voice vote -Ayes: Seven. Motion carried. 139510 - Hart/Welper To continue the hearing on F.Y. 2012 Lou Henry Hoover Memorial Sculpture Garden, Contract No. 803, until August 13, 2012. Voice vote -Ayes: Seven. Motion carried. 139511 - Greenwood/Schmitt that proof of publication of notice of public hearing on F.Y. 2013 Seal Coat Program, as published in the Waterloo Courier on July 12, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139512 - 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. 139513 - Greenwood/Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2013 Seal Coat Program", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-720. 139514 - Greenwood/Schmitt that "Resolution ordering construction in conjunction with F.Y. 2013 Seal Coat Program", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-721. 139515 - Greenwood/Schmitt to receive and file and instruct City Clerk to open and read bids and refer to Public Works Director for review in conjunction with F.Y. 2013 Seal Coat Program: Voice vote -Ayes: Seven. Motion carried. Bituminous Materials & Supply Des Moines, IA Flint Hills Resources Dubuque, IA HFMS-2S 5,000 GAL $2.08 $2.34 CRS 2P 50,000 GAL $2.43 $2.44 HFE-300 5,000 GAL $0.98 No Bid CSS -1 15,000 GAL $2.08 $2.34 Voice vote -Ayes: Seven. Motion carried. July 16, 2012 Page 5 139516 - Hart/Welper To continue the hearing for "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", until July 23, 2012. Mr. Schmitt asked that the moratorium be extended for additional 90 days. This will be placed on next week's agenda. Roll call vote -Ayes: Seven. Motion carried. RESOLUTIONS 139517 - Cole/Getty that Change Order No. 1 for a net increase of $7,929.95 for work performed by Aspro, Inc. of Waterloo, Iowa on the 2012 Highland Park Basketball & Tennis Court Project -Submitted by Rick Curran, Leisure Services Facilities Manager, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 139518 - Cole/Getty that "Resolution approving the contract with New World Systems, Inc. to license additional software, including Community Development modules at an amount not to exceed $235,000.00 -Submitted by Clark, Schares, Weidner", be adopted. Roll call vote -Ayes: Six. Nays: One (Schmitt). Resolution adopted and upon approval by Mayor assigned No. 2012-722 139519 - Cole/Getty that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Peterson Contractors, Inc. of Reinbeck, Iowa at a total cost of $1,104,770.69 in conjunction with F.Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801; and receive and file two-year maintenance bond -Submitted by Eric Thorson, P.E., City Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-723. 139520 - Schmitt/Welper that "Resolution approving demolition contract with Benton's Sand and Gravel Inc. for demolition services with no RACM of 320 W. 2nd Street in the amount $16,300.00; 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. 2012-724. 139521 - Schmitt/Welper that "Resolution approving demolition contract with Lavern Lehman Trucking and Excavation, Inc. for demolition services of 330 Madison Street (former Francis Grout School) in the amount $69,300.00; 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. 2012-725. ORDINANCES 139522 - Hart/Welper that "an Ordinance amending the 2008 Traffic Code by amending Subsection (122) Vermont Street of Section 553, No Parking Here To Corner in conjunction with Ordinance Change - No Parking Here To Corner northwesterly direction from W. 5th Street on the south side of the 500 block of Vermont Street", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. July 16, 2012 Page 6 139523 - 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. 139524 - Hart/Welper that "an Ordinance amending the 2008 Traffic Code by amending Subsection (122) Vermont Street of Section 553, No Parking Here To Corner in conjunction with Ordinance Change - No Parking Here To Corner northwesterly direction from W. 5th Street on the south side of the 500 block of Vermont 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. 5125. OTHER COUNCIL BUSINESS 139525 - Hart/Greenwood to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Lincoln Elementary School Safe Routes To School Project, Contract No. 805, be approved. Voice vote -Ayes: Seven. Motion carried. 139526 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Lincoln Elementary School Safe Routes To School Project, Contract No. 805, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139527 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Lincoln Elementary School Safe Routes To School Project, Contract No. 805", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-726. 139528 - Hart/Welper that "Resolution setting date of hearing as July 23, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Lincoln Elementary School Safe Routes To School Project, Contract No. 805", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-727. ORAL PRESENTATIONS Ryan Madison, 650 Dawson Street, spoke in support of the alcohol ordinance amendment. Mr. Hart noted that he has always listened to the citizens. Forest Dillavou reported that he liked the way item two came in with several bidders and expressed concern with item #3. Mr. Hart asked the citizens to thank the kids for helping with the From the Heart projects. Mr. Welper announced that the Bosnian Bakery on Williston and 9th is open. 139529 - Cole/Hart that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 139530 - Cole/Hart that the Council adjourn at 6:14 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy Schares City Clerk