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HomeMy WebLinkAboutMinutes-04/12/2010• April 12, 2010 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, April 12, 2010. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, and Hart Moment of Silence. Pledge of Allegiance: Bob Stringer, Human Resources Director. 130842 - Hart/Schmitt that the Agenda, as amended, changing the repayment of #19 to three payments of $55,000.00 with $27,500 payable this year: $13,750 in May 2010 and $13,750 in December 2010. They will then pay remaining $27,500 in December 2011 and changing the date of hearing on item #24 to May 17, 2010,for the Regular Session on Monday, April 12, 2010, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 130843 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, April 5, 2010, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Clark performed a Swearing -In of the following Police Officers: Drew A. Hereid, Jarid W. Hundley and Nicholas E. Sadd. Mayor Clark read a Proclamation declaring April 18-24, 2010 as Crime Victims' Rights Week. Mayor Clark read a Proclamation declaring April 12-16, 2010 as The Week Of The Young Child. Mayor Clark read a Proclamation declaring April 2010 as Fair Housing Month. A video on fair housing was shown. CONSENT AGENDA 130844 - 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 Schedule AP642, pp. 1-79, dated April 12, 2010, in the amount of $2,401,933.05, 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. 2010-242. 2. Resolution approving request of Greg Tagtow for a variance to the Noise Ordinance on April 15, 2010 from 5:30 p.m. to 7:30 p.m. in conjunction with Cedar Valley Tax Day Tea Party II event that will be held in the parking lot at 722 Water Street, including PA system, together with recommendation of approval of Interim Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2010-243. 3. Resolution approving request of Linnea Nicol of Waterlog Community Playhouse/Black Hawk Children's Theater to hold the "Run fot the Dream" event on June 12, 2010, with registration to begin at 6:30 a.m. and the race to start at 7:30 a.m. The route will run down Commercial to River Road, take River Rd. one mile to the middle of the bridge, turn around and run back to Mullan, continue on Commercial to W. 2nd Street, turn right on W. 2nd St to Washington (Bluff), turn left on Washing to W. 4th St. to Lincoln Park, together with recommendation of approval of Interim Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2010-244. April 12, 2010 Page 2 Consent Agenda continued b. Motion to approve the following; 1. Recommendation of reappointment of Eric Johnson as the Community Development Board Chairman, for a three-year term. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Matt Andersen, Fire Engineer; Darwin Boelts, Fire Engineer Strategies and Tactics for Initial Company Officers Ames, Iowa June 18-19, 2010 $468.55 Dave Boesen, Battalion Chief/Arson Investigator; Ebby, Arson K9 Arson/K9 Re- certification Columbia, Missouri May 31- June 3, 2010 $677.09' Rudy D. Jones, Community Development Director Attend the Iowa NAHRO Annual Conference West Des Moines, Iowa April 21-23, 2010 $63.5.00 Jon Martin, Rehabilitation/R elocation Specialist Attend Housing Quality Standards (HQS) Training and Certification Manhattan, Kansas June 1- 4, 2010 $1,275.00 Officer Greg Erie Taser Instructor Re- certification school Johnston, Iowa May 5, 2010 $190.00 Nancy Gulick, Community Development Coordinator Attend the National Community Development Association Annual Conference Seattle, Washington June 22-26, 2010 $2,285.00 Matt Carter, Firefighter/FIRE PAL; Dustin Mason, Firefighter/FIRE PAL Presenting Effective Public Education Programs (R116) Emmitsburg, Maryland June 24 -July 31, 2010 $260.96 Capt John Beckman; Capt Tim Pillack Federal Bureau of Investigation National Academy Associates - Iowa Chapter, Spring Conference Mason City, Iowa April 22-24, 2010 $335.00 Sgt Rob Camarata; Officer Shawn Bram 2010 Iowa WMD Task Force Specialty Teams Integration training Johnston, Iowa March 15-19, 2010 $1,113.90 Suzy Schares, City Clerk International Institute of Municipal Clerk's Annual Conference Reno, Nevada May 22- 28, 2010 $2,516.22 12. Beer License Permit Application Class C El Mercadito, 520 La Porte Road (Renewal) (Expires 5/21/2011) (Includes Sunday Sales) New Star Liquor, 1309 Lafayette Street (New) (Expires 4/16/2011) (Includes Sunday Sales) • • April 12, 2010 Page 3 Consent Agenda continued 13. Liquor License Permit Application Class C Jet Lounge, 451-453 W. Parker Street (Renewal) (Expires 4/14/2011) (Includes Sunday Sales) Olive Garden Italian Restaurant #1489, 1315 E. San Marnan Drive (Renewal) (Expires 5/28/2011) (Includes Sunday Sales) Half Pint Saloon, 1831 Independence Avenue (Renewal) (4/18/2011) (Includes Sunday Sales) 14. Liquor License Permit Application Class E New Star Liquor, 1309 Lafayette Street (New) (Expires 4/16/2011) (Includes Sunday Sales) 15. Wine License Permit Application Class B New Star Liquor, 1309 Lafayette Street (New) (Expires 4/16/2011) (Includes Sunday Sales) 16. Outdoor Service Area Application Jet Lounge, 451-453 W. Parker Street Half Pint Saloon, 1831 Independence Avenue 17. Vehicle For Hire Business License Application The Loop Taxi and Transportation, 121 Webster Street City Cab, 1688 Elizabeth Drive, Marion, Iowa First Call Taxi, 1773 Independence Avenue #1 18. Cigarette/Tobacco Permit Application New Star Liquor, 1309 Lafayette Street 19. Bonds Ayes: Seven. Motion carried. Mr. Schmitt abstained from Schmitt payment PUBLIC HEARINGS 130845 - Schmitt/Welper that proof of publication of notice of public hearing on Sale and Conveyance of 1,200 sq. ft. of city -owned land abutting 3900 Alexandria Drive to D & J Investments Inc. for $4,908.00, as published in the Waterloo Courier on March 30, 2010, be received and placed on file. Ayes: Seven. Motion carried. 130846 - 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 and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 130847 - Schmitt/Welper the "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-245. 130848 - Greenwood/Schmitt that proof of publication of notice of public hearing on Purchase of Two (2) 2010 Infield Groomers with Attachments, as published in the Waterloo Courier on March 30, 2010, be received and placed on file. Ayes: Seven. Motion carried. 130849 - 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 and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. April 12, 2010 Page 4 Public Hearings continued 130850 - Greenwood/Schmitt that "Resolution confirming approval of bid document, specifications, etc. in conjunction with Purchase of Two (2) 2010 Infield Groomers with Attachments", be adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-246. 130851 - Greenwood/Schmitt that "Resolution authorizing to proceed in conjunction with above purchase", be adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-247. 130852 - Greenwood/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Amount Trade -In TurfWerks Eagan MN $57,924.00 $250.00 each TurfWerks Johnston IA $39,600.00 $500.00 each Ayes: Seven. Motion carried. 130853 - Getty/Cole that proof of publication of notice of public hearing on 2010 Right of Way Mowing, as published in the Waterloo Courier on March 30, 2010, be received and placed on file. Ayes: Seven. Motion carried. 130854 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Cole that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 130855 - Getty/Cole that "Resolution confirming approval of specifications, bid document, etc. in conjunction with 2010 Right of Way Mowing", be adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-248. 130856 - Getty/Cole that "Resolution authorizing to proceed in conjunction with above project", be adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-249. • • April 12, 2010 Public Hearings continued 130857 - Getty/Cole Page 5 to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Bond Bid Option A Bid Option B Bid Option C Bid Option D Bid Option E Bid Option F B & B Lawn Care Waterloo IA $3,000.00 $31.95 $35.50 $21.00 $28.50 $45.00 $200.00 Robert C. Hauptly Construction Waterloo IA $3,000.00 $37.74 $37.74 $23.50 $32.00 $55.00 $400,00 Professional Lawn Care, LLC Waterloo IA $3,000.00 $47.75 $47.75 $37.45 No Bid No Bid No Bid Reliable Lawn Care Waterloo IA 00 $3,000. $41.00 $41.00 $35.00 $38.00 $56.00 $75.00 Miller & Son's Waterloo IA $3,000.00 No Bid No Bid $200.00 $45.00 $75.00 No Bid A -Credited Property Management Inc Waterloo IA $3,000.00 No Bid $100.00 $150.00 $70.00 $100.00 No Bid Ayes: Seven. Motion carried. 130858 - Hart/Greenwood that proof of publication of notice of public hearing on F.Y. 2010 Chamberlain Demolition Phase 2, Contract No. 762, as published in the Waterloo Courier on March 30, 2010, be received and placed on file. Ayes: Seven. Motion carried. 130859 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Greenwood that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 130860 - Hart/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2010 Chamberlain Demolition Phase 2, Contract No. 762", be adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-250. 130861 - Hart/Greenwood that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-251. April 12, 2010 Page 6 Public Hearings continued 130862 - Hart/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review: Bidder Bid Bond Bid Amount Active Thermal Concepts Hiawatha IA 5% $547,427.00 Dore & Associates Contracting Bay City MI 5% $1,132,400.00 Frattalone Companies, Inc. Little Canada MN 5% $1,597,132.00 Kingston Environmental Companies Kansas City MO 5% $691,543.00 Robinson Brothers Environmental Waunakee WI 5% $1,161,586.00 Veit Specialty Contracting & Waste Management Rogers MN 5% $746,720.00 Ayes: Seven. Motion carried. RESOLUTIONS 130863 - Welper/Hart that "Resolution approving recommendation of award of contract in the amount of $146,850.00 to Prairie Construction of Waterloo, Iowa in conjunction with Replacement of T -Hangar boors at Waterloo Regional Airport", be received, placed on file and adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-252. 130864 - Welper/Hart that "Resolution approving Berens -Tate Consulting Group to complete required arbitrage testing for the general obligation bonds issued in 2005 in an amount not to exceed $3,500.00", be received, placed on file and adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-253. 130865 - Welper/Hart that "Resolution approving Notice of Discontinuation from NPDES Coverage Under General Permit 2 to the Iowa Department of Natural Resources in conjunction with F.Y. 2008 Donald Street Trail, Contract No. 700", be received, placed on file and adopted and Mayor authorized to execute same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-254. 130866 - Schmitt/Welper that "Resolution approving recommendation of award of contract in the amount of $5,424,582.33 to Aspro, Inc. of Waterloo, Iowa in conjunction with F.Y. 2010 Street Reconstruction Program, Contract No. 772", be received, placed on file and adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-255. 130867 - Schmitt/Welper that "Resolution approving Contract, Bonds and Certificates of Insurance in the amount of $5,424,582.33 to Aspro, Inc. of Waterloo, Iowa in conjunction with F.Y. 2010 Street Reconstruction Program, Contract No. 772", be received, placed on file and adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-256. • • • • April 12, 2010 Page 7 Resolutions continued 130868 - Schmitt/Welper that "Resolution approving recommendation of award of contract in the amount of $111,415.90 to B & B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2010 Sidewalk Repair Program - Zone 10 and Trail Repairs, Contract No. 779", be received, placed on file and adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-257. 130869 - Cole/Schmitt that "Resolution approving Contract, Bonds and Certificates of Insurance in the amount of $111,415.90 to B & B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2010 Sidewalk Repair Program - Zone 10 and Trail Repairs, Contract No. 779", be received, placed on file and adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-258. 130870 - Cole/Schmitt that "Resolution approving Traffic Safety Fund Grant Agreement in the amount of $96,100.00 with Iowa Department of Transportation to be used for traffic safety improvement at the intersections of Williston Avenue and Baltimore Street, and Williston Avenue and W. 9th Street", be received, placed on file and adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-259. 130871 - Cole/Schmitt that "Resolution approving Lease Agreement with Rousselow Bros. Farms, Inc. to farm approximately 28.87 acres of city -owned land located near the northwest corner of Martin Road and West Ridgeway Avenue, west of Black Hawk Creek", be received, placed on file and adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-260. 130872 - Getty/Hart that "Resolution approving Lease Agreement with Wendell Lupkes to farm approximately 19 acres of city -owned land located near the northwest corner of West 4th Street and West Shaulis Road", be received, placed on file and adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-261. 130873 - Getty/Hart that "Resolution approving a Memorandum of Agreement with the Federal Emergency Management Agency, the State Historical Society of Iowa, and the Iowa Homeland Security and Emergency Management Division to mitigate adverse effects to historic properties resulting from the acquisition/demolition of properties as part of the Hazard Mitigation Grant Program Property Acquisition Project", be received, placed on file and adopted and Mayor authorized to execute same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-262. 130874 - Getty/Hart that "Resolution approving acquisition of property generally located at 312 Charles Street, as granted by court order pursuant to Section 657A of the Iowa Code", be received, placed on file and adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-263. 130875 - Hart/Schmitt that "Resolution approving Agreement with Chicago Central & Pacific Railroad Line in conjunction with the Chamberlain Water Line Kill", be received, placed on file and adopted and Mayor authorized to execute same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-264. April 12, 2010 Page 8 Resolutions continued 130876 - Hart/Schmitt that "Resolution approving change in the original 1997 Contemporary Urban Development Revolving Loan Agreement to allow for repayment in the amount of $55,000.00, with $13,750.00 payable in May 2010 and the remaining $41,250.00 payable in December 2010, and to forgive past accumulated interest", be received, placed on file and adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-265. 130877 - Hart/Schmitt that "Resolution approving the submission of a grant application to the USDA for Public Market marketing funding", be received, placed on file and adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-266. 130878 - Greenwood/Schmitt that "Resolution setting date of hearing to approve the sale and conveyance of city -owned property generally located along the levee system behind Manatt's site at 84 West Mullan Avenue, to Manatt's Inc. in the amount of $1,189.00 as April 26, 2010", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-267. 130879 - Greenwood/Schmitt that "Resolution setting date of hearing to approve the sale and conveyance of 1,152 sq. ft. of excess right-of-way located along the east side of Logan Avenue for the Highway 63 expansion project as April 26, 2010", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-268. OTHER COUNCIL BUSINESS 130880 - Schmitt/Greenwood to instruct Leisure Services Director to prepare specifications, bid document, etc. in conjunction with Purchase of One (1) 2010 John Deere 1565 Tractor with Attachments, be received, placed on file and approved. Ayes: Seven. Motion carried. 130881 - Schmitt/Greenwood that specifications, bid document, etc. in conjunction with Purchase of One (1) 2010 John Deere 1565 Tractor with Attachments, be received and placed on file. Ayes: Seven. Motion carried. 130882 - Schmitt/Greenwood that "Resolution preliminarily approving specifications, bid document, conjunction with the above described purchase", be adopted. Ayes: Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-269. 130883 - Schmitt/Geenwood etc. in Seven. that "Resolution setting date of hearing on specifications, bid document, etc. and bid opening as April 19, 2010 at 5:30 p.m. in the City Hall Council Chambers on the above described purchase", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-270. 1 • • • April 12, 2010 Other Council Business continued 130884 - Cole/Hart Page 9 to instruct Superintendent of Waste Management to prepare plans, specifications, form of contract, etc. in conjunction with F.X. 2010 Removal and Replacement of the Aeration Equipment in the Existing Aeration Basins at the Satellite and Easton Avenue Water Pollution Control Facilities, be received, placed on file and approved. Ayes: Seven. Motion carried. 130885 - Cole/Hart that plans, specifications, form of contract, etc. in conjunction with F.Y. 2010 Removal and Replacement of the Aeration Equipment in the Existing Aeration Basins at the Satellite and Easton Avenue Water Pollution Control Facilities, be received and placed on file. Ayes: Seven. Motion carried. 130886 - Cole/Hart that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with the above described project", be adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-271. 130887 - Cole/Hart that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and bid opening as May 17, 2010 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-272. ORAL PRESENTATIONS Forrest Dillavou, 1725 Huntington Road, stated that at the last Planning & Zoning Commission meeting the issue of building a new school in his neighborhood came before the commission. Two different locations and three different site plans. Each time the staff came and brought up the site plans and mentioned sewer problems. This is a very big problem in the area. As the school presented their plans for the school, retaining ponds and a holding tank was talked about. The holding tank would be for sanitary sewage prior to dumping into the city system because Mr. Dillavou feels the city has an inadequate system especially during heavy rainfalls. He thinks it is a shame when a city can't have a system that can handle a new school building for about 500 children. The city needs to do something prior to building a school. The sewer system, storm and sanitary, needs to be taken care of prior to letting contracts to build a new school. Mr. Dillavou can not envision a school with a holding pond for sewage inside the school. What it costs, what message it sends to other people in other cities. Mr. Dillavou thinks that the city needs to take some serious looks at improving the storm and sanitary sewer in his area. Mayor Clark stated that he shares Mr. Dillavou's feelings on many of his comments and has sat down with staff about the problems in his neighborhood. Mayor Clark agreed that the problem is bad in Mr. Dillavou's neighborhood but there are issues all over the city. The city .is actively searching out comments from Engineering staff, Waste Management staff and the issue will be addressed. It is one of his goals to try to get this process started. The issues the city is facing with the sanitary and storm sewer infrastructure is not going to be a short fix, easy fix or cheap fix. But it is something that the city has to get started on and the first steps were taken of organizing a team to address the issue. 130888 - Hart/Welper that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 130889 - Hart/Schmitt that the council adjourn to Executive Session at 6:38 p.m. 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)(2007). April 12, 2010 Page 10 EXECUTIVE SESSION 130890 - Hart/Cole that the council adjourn Executive Session at 6:56 p.m. Ayes: Seven. Motion carried. 130891 - Hart/Cole to proceed with settlement of Hurley case. Ayes: Seven. Motion carried. 130892 - Hart/Cole to proceed with settlement of Smith case. Ayes: Four. Nays: Jones, Welper, Schmitt. Motion carried. ADJOURNMENT 130893 - Hart/Schmitt that the Council adjourn at 6:57 p.m. Ayes: Seven. Motion carried. City Clerk 1 •