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HomeMy WebLinkAboutMinutes-07/23/2012July 23, 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 23, 2012. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Bob Greenwood, Council Member At Large. 139531 - Hart/Schmitt that the Agenda, 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. 139532 - Hart/Schmitt that the Minutes, 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. CONSENT AGENDA 139533 - 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 23, 2012, in the amount of $8,925,434.78, 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. 2012-728. 2. Request of Tiffani/Thomas Nelson for a variance to the Noise Ordinance on October 1, 2012 from 8:00 a.m. to 8:00 p.m. in conjunction with Not Looking Back Going Forward 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. Resolution adopted and upon approval by Mayor assigned No. 2012-729. 3. Request of Nancy Welter for a concrete driveway to be located at 938 Campbell Avenue, 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. 2012-730. 4. Request of Ethen Jennings for tax exemptions on improvements totaling $40,000.00 for property located at 419 W. Louise Street and located in the Consolidated Urban Revitalization Area (CURA)-Submitted by Chris Western, Planner II Resolution adopted and upon approval by Mayor assigned No. 2012-731. b. Motion to approve the following: 1. 2. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed David Boesen, Property Evidence Coordinator Property Room Management Minneapolis, Minnesota September 25-27, 2012 $838.00 Paul Huting, Leisure Services Director National Recreation and Park Association Congress and Exposition Anaheim, California October 14-21, 2012 $1,895.20 July 23, 2012 Page 2 3. Carol Failor, Iowa Ames, Iowa July 24, $144.00 Deputy City Municipal 2012 Clerk Professionals Institute 4. Recommendation of appointment of Brent Bohlen to the position of Financial Analyst, effective July 30, 2012 -Submitted by Michelle Weidner, Chief Financial Officer Outdoor Service Area Application 5. Narey's 19th Hole, 2073 Logan Avenue 6. Iowa Irish Fest, Lincoln Park (5 days: 8/2/2012 to 8/7/2012) Class C Liquor License Permit Application 7. Iowa Irish Fest, Lincoln Park (New) (5 days: 8/2/2012 to 8/7/2012) (Includes Sunday Sales) 8. Barney's, 501 W. 4th Street (Renewal) (Expires 5/13/2013) 9. Bond Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt abstained from the bills payment to Schmitt Telecom. Mayor Clark recognized our new employee PUBLIC HEARINGS 139534 - Schmitt/Welper that proof of publication of notice of public hearing on F.Y. 2012 Geraldine Road Extension, Contract No. 821, as published in the Waterloo Courier on July 12, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139535 - 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. 139536 - Schmitt/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Geraldine Road Extension, Contract No. 821", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-732. 139537 - Schmitt/Welper that "Resolution ordering construction in conjunction with F.Y. 2012 Geraldine Road Extension, Contract No. 821", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-733. July 23, 2012 Page 3 139538 - Schmitt/Welper 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 Baker Concrete & Excavating Waverly, Iowa 5% $296,324.45 Benton's Sand & Gravel, Inc. Cedar Falls, Iowa o 50 $272,178.80 Horsfield Companies Epworth, Iowa 5% $357,756.33 JB Holland Construction, Inc. Decorah, Iowa o 50 $286,312.27 K Cunningham Construction Co., Inc. Cedar Falls, Iowa o 50 $298,519.80 Peterson Contractors Inc. Reinbeck, Iowa 5% $315,035.25 Skyline Construction Decorah, Iowa 5% $279,955.34 Stickfort Construction Hudson, Iowa 5% $298,591.30 Vieth Construction Corp. Cedar Falls, Iowa 5% $345,052.30 Voice vote -Ayes: Seven. Motion carried. 139539 - Greenwood/Schmitt that proof of publication of notice of public hearing on F.Y. 2012 Lincoln Elementary School Safe Routes To School Project, Contract No. 805, as published in the Waterloo Courier on July 12, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139540 - 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. 139541 - Greenwood/Schmitt that "Resolution confirming approval 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. 2012-734. 139542 - Greenwood/Schmitt that "Resolution ordering construction in conjunction with F.Y. 2012 Lincoln Elementary School Safe Routes To School Project, Contract No. 805 (Project let by IDOT on July 17, 2012)", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-735. 139543 - Welper/Hart This being the time and place of public hearing, the Mayor called for written and oral objections on the amendment to the City of Waterloo Zoning Ordinance No. 5079 to update the regulations pertaining to alcohol sales related businesses. Calvin Scott requested the ordinance be revised to limit the number of liquor stores in City limits and include several other provisions. Renee Carson, Common Grounds Neighborhood Association, spoke in support of the Ordinance and expressed concern with the number of liquor stores in the area. Claudia Rivera, 327 Conger Street, expressed concern with being able to open a new business in the overlay district. Melinda Creighton -Smith, 416 Oliver Street, spoke in support of the ordinance. July 23, 2012 Page 4 Mr. Hart reviewed the number of service calls received on Broadway and noted that Council is hearing what the citizens' want and a difference is being made. He asked Council to support the Ordinance. Mr. Getty asked that the Ordinance be passed on the first reading. Mr. Schmitt asked that Council table this item to allow the State to review the document. Aric Schroeder, City Planner, noted that there has not been direct contact with the State to review this current amendment but they have monitored the Ordinance adopted in 2009. 139544 - Welper/Hart that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139545 - Schmitt/Getty To table the Ordinance until August 6, 2012. Ayes: Four. Nays: Three (Cole, Greenwood, Hart,). Motion carried. 139546 - Hart/Greenwood that "an Ordinance amending 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 in conjunction with Amendment to 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", be received, placed on file, considered and passed for the first time. 139547 - Schmitt/Getty To table the Ordinance until August 6, 2012. Ayes: Five. Nays: Two (Greenwood, Hart). Motion carried. RESOLUTIONS 139548 - Greenwood/Schmitt that "Resolution extending moratorium for a period of 90 days for new alcohol- related drinking and retail establishments (including new licenses and transfers) in the proposed Broadway Avenue Overlay District, Logan Avenue Overlay District, E. 4th Street Overlay District, and Church Row Neighborhood Overlay District -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Six. Nays: One (Hart). Resolution adopted and upon approval by Mayor assigned No. 2012-736. 139549 - Schmitt/Welper that "Resolution approving award of contract to Shawver Well Company, Inc. of Fredericksburg, Iowa in the amount of $66,384.60 for the 2012 Riverfront Sports Park Water Well Project -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Roll call vote -Ayes: Six. Nays: One (Jones). Resolution adopted and upon approval by Mayor assigned No. 2012-737. 139550 - Schmitt/Welper that "Resolution final acceptance and release of final payment performed by B & B Builders & Supply of Waterloo, Iowa at a total $51,956.00 in conjunction with 2012 Sullivan Park Shelter Project; and Mayor to execute said documents -Submitted by Rick Curran, Leisure Facilities Manager", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-738. for work cost of authorize Services July 23, 2012 Page 5 139551 - Schmitt/Welper that "Resolution approving Iowa Department of Transportation Pavement Maintenance Grant in the amount of $10,000.00 for pavement maintenance 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. 2012-739. 139552 - Getty/Welper that "Resolution approving Iowa Department of Transportation Commercial Service Vertical Infrastructure Program (CSVI) grant agreement in the amount of $103,234.00 for rehabilitation of hangars for 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. 2012-740. 139553 - Getty/Welper that "Resolution approving recommendation of award of bid to Bituminous Materials & Supply L.P. of Des Moines, Iowa for the FY2013 Seal Coat Program Emulsions in the following amounts: HFMS-2S at $2.08 per 5,000 gallons; CRS -2P at $2.43 per 50,000 gallons; CSS -1 at $0.98 per 15,000 gallons; HFE-300 at $2.08 per 5,000 gallons -Submitted by Mark Rice, Public Works Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-741. 139554 - Getty/Welper 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 Greenbelt Centre Plat No. 5 -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-742. 139555 - Getty/Welper that "Resolution approving Preliminary and Final Plat of Greenbelt Centre Plat No. 5 along with the staff report, aerial photo, preliminary and final plats, deed of dedication, certificate of survey, petition and waiver, contract 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. 2012-743. 139556 - Greenwood/Schmitt 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: Four. Nays: Three (Getty, Welper, Hart). Ann Olson, 1970 Newell Street, President of the Historic Association, pleaded with Council to purchase and save this house. Mr. Getty asked what it would cost to move the house. Aric Schroeder, City Planner, reported that an estimate to move the home would be approximately $80,000 to $100,000 for a short distance. Mr. Schmitt asked if the City has pursued any State or Federal funding to help save the house. Aric Schroeder, City Planner, reported that if there are grants they are typically small amounts and it may be difficult to receive them in a timely manner. Mr. Hart asked if the Historical Association has done any investigation to see if there are any funding mechanisms to purchase the home. July 23, 2012 Page 6 Ann Olson reported that the commission has never sought monetary donations. She noted that the interior of the home has been redone and is no longer historic. Ms. Cole noted that this has been an issue for a long time. Mr. Welper noted that to purchase the home, it would cost $35,000. Resolution adopted and upon approval by Mayor assigned No. 2012-743. 139557 - Cole/Welper that "Resolution approving Equipment Usage Agreement with Black Hawk County Soil and Water Conservation District for use of water sampling equipment when watershed assessments are being performed -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. 2012-744. 139558 - Cole/Welper that "Resolution approving award of contract and approving Contract, Bonds, and Certificate of Insurance to K Cunningham Construction Co., Inc. of Cedar Falls, Iowa in the amount of $405,145.60 for the F.Y. 2012 Byrnes Park Drainage Improvements, Phases I & II, Contract No. 822; and authorize Mayor and City Clerk to execute said documents -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. 2012-745. 139559 - Cole/Welper that "Resolution approving Notice of Intent for NPDES Coverage Under General Permit to the Iowa Department of Natural Resources in conjunction with F.Y. 2012 Byrnes Park Drainage Improvements, Phases I & II, Contract No. 822; and authorize Mayor to execute said document -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. 2012-746. 139560 - Schmitt/Greenwood that "Resolution approving agreement with Iowa Health System to utilize public right-of-way for the installation, operation and maintenance of a fiber optic network; and authorize Mayor to execute said document -Submitted by Eric Thorson, P.E., City Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-747. 139561- Schmitt/Greenwood that "Resolution setting date of hearing as August 6, 2012 to approve a request to vacate, sell and convey to Terry Roeder of 1200 Baltimore Street, Debbie Lane of 1204 Baltimore Street, Michael and Sandra Ortman of 1208 Baltimore Street and Leonard Rumpza of 1218 Baltimore Street the 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; and instruct City Clerk to publish notice -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote - Ayes: Four. Nays: Three (Jones, Welper, Hart). Aric Schroeder, City Planner, reported that this is not in compliance with the City's Sale of Property policy. Mr. Greenwood asked if the alley would be needed with the new development. Aric Schroeder, City Planner, reported that new development does not generally have alley assess so it would not be needed. Mr. Welper reported that this is setting a date of hearing and we can wait until the hearing. Resolution adopted and upon approval by Mayor assigned No. 2012-748. 139562 - Schmitt/Greenwood that "Resolution approving an Extension of the Animal Control Contract through August 6, 2012 with the Cedar Bend Humane Society -Submitted by Sandie Greco, Superintendent of Traffic Operations", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-750. July 23, 2012 Page 7 OTHER COUNCIL BUSINESS 139563 - Greenwood/Schmitt that "Resolution preliminary approving construction of sidewalk improvements 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. 2012-751. 139564 - Greenwood/Schmitt that "Resolution to fix value of lots 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. 2012-752. 139565 - Greenwood/Schmitt that "Resolution to adopt preliminary plat and schedule of assessments and estimate of costs 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. 2012-753. 139566 - Greenwood/Schmitt that "Resolution of Necessity (Proposed) to set date of hearing as August 6, 2012 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. 2012-754. 139567 - Schmitt/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2013 Sidewalk Repair Assessment Program - Zone 2, Contract No. 826, be approved. Voice vote -Ayes: Seven. Motion carried. 139568 - Schmitt/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2013 Sidewalk Repair Assessment Program - Zone 2, Contract No. 826, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 139569 - Schmitt/Welper that "Resolution preliminarily approving 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. 2012-755. 139570 - Schmitt/Welper that "Resolution instructing City Clerk to publish notice of plans, specifications, form of contract, etc. and taking of bids. Set date of hearing as August 6, 2012 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. 2012-756. 139571 - Getty/Welper that "Resolution instructing City Clerk to publish notice of plans, specifications, form of contract, etc. and taking of bids. Set date of hearing as August 6, 2012 in conjunction with F.Y. 2012 Lou Henry Hoover Memorial Sculpture Garden, Contract No. 803", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-757. July 23, 2012 Page 8 ORAL PRESENTATIONS Ryan Madison, 650 Dawson St., expressed frustration with Council for not passing the liquor ordinance. 139572 - Hart/Welper that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 139573 - Hart/Welper that the Council adjourn at 6:50 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy Schares City Clerk