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HomeMy WebLinkAboutMinutes-08/16/2010• • August 16, 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, August 16, 2010. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Schmitt, Welper, Hart. Absent: Greenwood. Moment of Silence. Pledge of Allegiance: Larry Smith, Superintendent of Waste Management Services. 135049 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, August 16, 2010, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 135050 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, August 9, 2010, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. CONSENT AGENDA 135051 - 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. 1-64, dated August 16, 2010, in the amount of $2,520,984.33, 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. 2010-720. 2. Request of Main Street Waterloo, the Waterloo Community Schools and the City of Waterloo to hold the Fun Run Against the Mayor event on Thursday, September 16, 2010 from 9:30 a.m. to 12:00 p.m. at Lincoln Park, including a 1 -mile fun run to begin and end at Lincoln Park -Submitted by Daniel J. Trelka, Chief of Police Resolution adopted and upon approval by Mayor assigned No. 2010-721. 3. Request of Pathways Behavioral Services to hold 7th annual Run, Walk and Roll for a Drug Free Community event to be held on Saturday, October 30, 2010 at 9:00 a.m., with the route to start and end on the access road in front of the Pathways Building at 3362 University Avenue -Submitted by Daniel J. Trelka, Chief of Police Resolution adopted and upon approval by Mayor assigned No. 2010-722. 4. Request of Matt Boyd for a variance to the Noise Ordinance on Saturday, August 28, 2010 from 12:00 p.m. to 10:00 p.m. and Sunday, August 29, 2010 from 12:00 p.m. to 5:00 p.m. in conjunction with Northend Arts and Music Fest event to be held at 1621 E. 4th Street including the use of a PA system, together with recommendation of approval of Chief of Police - Submitted by Suzy Schares, City Clerk Resolution adopted and upon approval by Mayor assigned No. 2010-723. 5. Request of Darrell R. Lewis for a concrete driveway to be located at 3562 Ranchero Road, 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. 2010-724. b. Motion to approve the following: Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed August 16, 2010 1. 2. 3. 4. Page 2 Brian Baker, HVAC Inspector Lead Poisoning Cedar Falls, Iowa August 4, 2010 $195.00 Stacey Hogle, Police Investigator Cybercop 101 - Basic Data Recovery and Acquisition Ankeny, Iowa August 16- 19, 2010 $473.96 Larry Ticknor, Rusty Zey, Randy Shepard and Troy Deeds -Airport Maintenance Workers Live Fire Training Cedar Rapids, Iowa September 30, 2010 and October 1, 2010 $3,200.00 Eric Thorson, P.E., City Engineer APWA Iowa Chapter 2010 Fall Conference Ames, Iowa September 15-17, 2010 $342.00 5. Beer License Permit Application Class C Prime Mart, 3535 Marigold Drive (Renewal) (Expires 8/8/2011) (Includes Sunday Sales) Wal-Mart Supercenter #1496, 1334 Flammang Drive (Renewal) (Expires 9/30/2011) (Includes Sunday Sales) 6. Liquor License Permit Application Class C Narey's 19th Hole, 2073 Logan Avenue (Renewal) (Expires 8/22/2011) (Includes Sunday Sales) 7. Liquor License Permit Application Class E Wal-Mart Supercenter #1496, 1334 Flammang Drive (Renewal) (Expires 9/30/2011) (Includes Sunday Sales) 8. Wine License Permit Application Class B Prime Mart, 3535 Marigold Drive (Renewal) (Expires 8/8/2011) (Includes Sunday Sales) Wal-Mart Supercenter #1496, 1334 Flammang Drive (Renewal) (Expires 9/30/2011) (Includes Sunday Sales) 9. Fireworks Display Application Friends of the National Cattle Congress, 250 Ansborough Avenue (September 16-18, 2010) 10. Bonds Ayes: Six. Absent: Greenwood. Mr. Schmitt abstained from Schmitt payment. Motion carried. PUBLIC HEARINGS 135052 - Schmitt/Welper that proof of publication of notice of public hearing on F.Y.2011 Sidewalk Repair Block Grant Program - Zone 10, as published in the Waterloo Courier on August 3, 2010, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 135053 - 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. Ayes: Six. Absent: Greenwood. Motion carried. 135054 - Schmitt/Welper that "Resolution confirming approval of bid document, specifications, etc. in conjunction with the F.Y.2011 Sidewalk Repair Block Grant Program - Zone 10", be adopted. Ayes: .Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-725. 135055 - Schmitt/Welper • • August 16, 2010 Page 3 that "Resolution authorizing to proceed in conjunction with above project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-726. 135056 - Schmitt/Welper to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Bid Amount B & B Builders & Supply 5748 Sierra Drive Waterloo, IA 50701 5% $11,853.90 Ayes: Six. Absent: Greenwood. Motion carried. 135057 - Getty/Hart that proof of publication of notice of public hearing on Parking Cashier Services for W. 5th Street/Convention Center Ramp, as published in the Waterloo Courier on August 3, 2010, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 135058 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 135059 - Getty/Hart that "Resolution confirming approval of bid document, specifications, etc. in conjunction with the Parking Cashier Services for W. 5th Street/Convention Center Ramp", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-727. 135060 - Getty/Hart that "Resolution authorizing to proceed in conjunction with above services", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-728. 135061 - Getty/Hart to receive, file and instruct City Clerk to open and read bids and refer to City Clerk for review: Bidder Bid Amount Sedona Staffing Cedar Falls, IA $13.00 per hour /$14,300.00 Ayes: Six. Absent: Greenwood. 135062 - Schmitt/Hart that proof of publication of notice of public hearing on Security Services for E. 5th St Ramp, E. Park Ave Ramp, West Side Parking Ramp & 4th St Bridge Walkway, as published in the Waterloo Courier on August 3, 2010, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 135063 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Hart that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. August 16, 2010 Page 4 135064 - Schmitt/Hart that "Resolution confirming approval of bid document, specifications, etc. in conjunction with the Security Services for E. 5th St Ramp, E. Park Ave Ramp, West Side Parking Ramp & 4th St Bridge Walkway", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-729. 135065 - Schmitt/Hart that "Resolution authorizing to proceed in conjunction with above services", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-730. 135066 - Schmitt/Hart to receive, file and instruct City Clerk to open and read bids and refer to City Clerk for review: Bidder Bid Amount Per Mar Security Cedar Rapids, IA $19.00 per hour /$42,218.00 Ayes: Six. Absent: Greenwood. Motion carried. 135067 - Welper/Hart that proof of publication of notice of public hearing on Window Replacement Waterloo Fire Stations 1, 3, 4 & 6, as published in the Waterloo Courier on July 27, 2010 and August 12, 2010, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 135068 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Hart that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 135069 - Welper/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Window Replacement - Waterloo Fire Stations 1, 3, 4 & 6", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-731. 135070 - Welper/Hart that "Resolution ordering construction in conjunction with Window Replacement - Waterloo Fire Stations 1, 3, 4 & 6", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-732. 135071 - Welper/Hart to receive, file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review: Bidder Bid Bond Bid Amount Failor Hurley Construction Hudson, IA 5% $107,821.00 Konomi Construction Eldora, IA $4,900.00 $98,000.00 The Samuels Group Wausau, WI 5% $118,989.00 Ayes: Six. Absent: Greenwood. Motion carried. • • August 16, 2010 Page 5 135072 - Hart/Cole to table request of Jonathan Boswell of Boswell Property, LLC for the sale and conveyance of city -owned property generally located at 720 Park Avenue, 312 Charles Street, 116 Parker Street and 261 Cottage Grove at a cost of $3,500.00 per property for a total of $14,000.00, be tabled until August 23, 2010. Ayes: Six. Absent: Greenwood. Motion carried. 135073 - Hart/Welper that proof of publication of notice of public hearing on request of Iowa Habitat for Humanity for the sale and conveyance of city -owned property generally located at 600 South View Street at a cost of $1.00, as published in the Waterloo Courier on August 12, 2010, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 135074 - 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. Ayes: Six. Absent: Greenwood. Motion carried. 135075 - Hart/Welper that "Resolution authorizing said sale and conveyance", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-734. 135076 - Hart/Welper that proof of publication of notice of public hearing on request of Fortunes Tap for the sale and conveyance of the remaining portion of city -owned vacated Elm Street located next to their site at 328 Elm Street at a cost of $1.00, as published in the Waterloo Courier on August 12, 2010, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 135077 - 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. Ayes: Six. Absent: Greenwood. Motion carried. 135078 - Hart/Welper that sale and conveyance request be tabled until August 23, 2010, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. Mr. Jones stated he was unable to secure a development agreement on this item prior to this meeting. Suzy Schares, city Clerk, stated that the last item is to table it prior to the sale so we will hold the hearing but we won't approve the sale if you choose to table it. Mr. Getty asked if the proper paperwork has been taken down to 328 Elm Street for them. Noel Anderson, Community Development Director, stated we will get that paperwork to them tomorrow. We had some revisions to the wording for the future acquisition by another abutting property owner we had to work out. He will have that tomorrow. 135079 - Hart/Welper that proof of publication of notice of public hearing on request of Janet Kendall for the vacation, sale and conveyance of approximately 3,180 square feet of Maplewood Street right-of-way at the intersection of Maplewood Street and Riverside Drive located directly west and adjacent to 903 Riverside Drive at a cost of $1,633.00 and subject to a utility easement is retained over the entire area, as published in the Waterloo Courier on August 12, 2010, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 135080 - Hart/Welper that the hearing be postponed to a later date. Ayes: Six. Absent: Greenwood. Motion carried. RESOLUTIONS 135081 - Schmitt/Welper August 16, 2010 Page 6 that "Resolution approving recommendation of hotel/motel mini grant in the amount of $3,000.00 for the National Cattle Congress on behalf of The Connection, Inc (North East Iowa Steel Guitar Show) -Submitted by Aaron Buzza, Executive Director of Waterloo Convention & Visitors Bureau", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-735. 135082 - Schmitt/Welper that "Resolution approving recommendation of award, bonds, and contract to Trans -Iowa Equipment Inc., of Ankeny, Iowa in the amount of $585,000.00 for Carrier Vehicle and Sweeper for Waterloo Regional Airport and authorize Mayor and City Clerk to execute said documents -Submitted by Bradley Hagen, Airport Director", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-736. 135083 - Schmitt/Welper that "Resolution approving recommendation of award, bonds and contract to Ground Specialist, LLC, of Horn Lake, Mississippi in the amount of $159,900.00 for Aircraft Deicing Vehicle for Waterloo Regional Airport and authorize Mayor and City Clerk to execute said documents -Submitted by Bradley Hagen, Airport Director", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-737. 135084 - Cole/Welper that "Resolution approving FAA Grant in the amount of $746,700.00 for Aircraft De-icing Vehicle and Carrier Vehicle with Sweeper for Waterloo Regional Airport and authorize Mayor and City Clerk to execute said document -Submitted by Bradley Hagen, Airport Director", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-738. 135085 - Cole/Welper that "Resolution approving request to perform a signal removal study for the intersection of Arlington Street and Logan Avenue -Submitted by Sandie Greco, Superintendent of Traffic Operations", be adopted. Ayes: Six. Absent: Greenwood. Mr. Hart asked on the Arlington and Logan removal study, will that take into account whether or not the schools that are on the east side of Highway 63, do a majority of the Carver students live on the east side of 63 versus the west side? Will that take into account all those factors? Sandie Greco, Traffic Superintendent, stated yes, we will be getting information from the schools. Resolution adopted and upon approval by Mayor assigned No. 2010-739. 135086 - Cole/Welper that "Resolution approving award of contract to Voltmer, Inc. of Decorah, Iowa in the amount of $289,999.65 in conjunction with Ridgeway Avenue and Sergeant Road Traffic Safety Improvements, Contract No. 760 and authorize Mayor to execute said document -Submitted by Sandie Greco, Superintendent of Traffic Operations", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-740. 135087 - Welper/Hart that "Resolution approving extra services per contract with Synder & Associates in the amount of $998.50 in conjunction with Hammond and Ridgeway Avenue Intersection Improvement Project -Submitted by Sandie Greco, Superintendent of Traffic Operations", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-741. 135088 - Welper/Hart that "Resolution approving award of bid to Waterloo Implement of Waterloo, Iowa in the amount of $140,426.91 in conjunction with the Purchase of One 2010 John Deere 7330 Tractor with Attachments -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-742. • • • • August 16, 2010 Page 7 135089 - Welper/Hart that "Resolution approving Certificate of Substantial Completion to Pries Roofing of LaPorte City, Iowa in the amount of $8,134.99 in conjunction with Gates Park Pro Shop Roof Replacement and authorize Mayor to sign said document - Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Ayes: Six. Absent: Greenwood. Mr. Getty stated the roof at Gates Park Pro Shop isn't that roof done? What is substantial completion? Paul Huting, Leisure Services Director, stated the roof is complete. Councilman Jones contacted me earlier on this as well. Substantial completion is an architect's term I believe and it refers to an AIA form. It is a technical requirement that we sign off on this in order for them to get their last payment but the roof is complete. It functioned well during the last deluge rain and we have no leaks. As you know, it has been leaking for decades so we are happy that it is watertight and it is complete. Resolution adopted and upon approval by Mayor assigned No. 2010-743. 135090 - Hart/Welper that "Resolution approving Contracts for the Disaster Recovery Business Rental Assistance Program for: Xpress Oil and Lube at 357 Fletcher Avenue in the amount of $8,400.00; Kremer Kehe, Inc. at 501 Sycamore Street in the amount of $5,272.02; and Change Behavioral Health, Inc. at 501 Sycamore Street in the amount of $3,465.00 and authorize Mayor to execute said documents -Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Six. Absent: Greenwood. John Sherban, 1715 Robin Road, stated I question the 357 Fletcher Avenue in the amount of $8400 because it is located right beside the Winning Edge and the Kwik Star and there is no water possibility from that flood. There is no ditches, that intersection would have had to been closed or the Mini Store and the storage area would have had to been flooded before it would have ever gotten to 357 Fletcher. Noel Anderson, Community Planning and Development Director, stated this is a State program, which the City oversees and does the paperwork for. Our process essentially is that we take the information in; we do send it to the State prior to Council to make sure the information is filled out correctly and meets State approval. We do have the need to go out and figure out which ones were flood damaged and all that. We also had some questions on this one. The owners of the property have signed an affidavit noting that during the flood of June 2008 the above referenced business had flood water both on the property and in the building, the business had to be closed for several days and all business revenue was lost. In talking with City staff there was floodwaters in this general area of course with Hope Martin Park across 63 but there is also some storm water systems in that area that potentially could have backed up and flooded the property. We don't have any specific proof other than the affidavit provided by the applicant. We don't have any proof that they were lying in their affidavit either so we are processing it. Mayor Clark stated so there are no individual inspections done by any of your staff on that property. Mr. Anderson stated correct. Resolution adopted and upon approval by Mayor assigned No. 2010-744. 135091 - Hart/Welper that "Resolution approving recommendation of award of contract with B & B Builders and Supply of Waterloo, Iowa in the amount of $184,478.95 in conjunction with F.Y. 2011 Sidewalk Repair Assessment Program - Zone 10, Contract No. 781 -Submitted by W. Wayne Castle, PLS, EI, Associate Engineer", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-745. 135092 - Hart/Welper that "Resolution approving Contract, Bonds and Certificates of Insurance with B & B Builders and Supply of Waterloo, Iowa in the amount of $184,478.95 in conjunction with F.Y. 2011 Sidewalk Repair Assessment Program - Zone 10, Contract No. 781 and authorize Mayor and City Clerk to execute said documents - Submitted by W. Wayne Castle, PLS, EI, Associate Engineer", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2010-746. 135093 - Cole/Getty that "Resolution approving agreement with Vandewalle & Associates for project implementation services at a maximum amount of $60,000.00 -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Ayes: Six. Absent: Greenwood. August 16, 2010 Page 10 they did not raise their prices. It is good for the City, something held in line at that price. 135102 - Cole/Hart that the above oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. ADJOURNMENT 135105 - Cole/Hart that the Council adjourn at 6:14 p.m. Ayes: Six. Absent: Greenwood. Motion carried. Suzy/ Sjchares City Clerk • •