HomeMy WebLinkAboutMinutes-04/11/2011April 11, 2011
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 11, 2011. Mayor Ernest G. Clark
in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: David Jones, Ward 1 Council Member.
136260 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, April 11, 2011,
at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
136261 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, April 4, 2011,
at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
Mayor Clark performed a swearing in of the following Police Officer: Diana Del
Valle.
Mayor Clark read a Proclamation declaring April 10-16, 2011 as The Week of the
Young Child.
Mayor Clark read a Proclamation declaring April 11-17, 2011 as American Home
Week.
Mayor Clark read a Proclamation declaring April 12, 2011 as Equal Pay Day.
CONSENT AGENDA
136262 - 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. 1-49, dated April 11, 2011, in
the amount of $1,930,549.33, 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. 2011-267.
2. Request of Ivan Wieland of Screaming Eagle American Bar & Grill, 228 East
4th Street, for a variance to the Noise Ordinance and permission to close a
portion of Lafayette Street (between 4th & 5th Streets) starting Thursday,
April 14, 2011 and each Thursday through November 2011 from 5:30 p.m. to
10:00 p.m. in conjunction with Bike Night event, including PA system and
band, together with recommendation of approval of Director of Safety
Services.
Resolution adopted and upon approval by Mayor assigned No. 2011-268.
3. Request of George Wyth State Park for an exception to burning yard waste
to burn approximately 10 acres of prairie grass located between Wyth Lake
and the main park road; and 3 acres of prairie grass located at the far
west end of the park near the Lodge during the time period of April -May
2010, together with recommendation of approval of the Fire Chief.
Resolution adopted and upon approval by Mayor assigned No. 2011-269.
b. Motion to approve the following:
1.
Travel Requests
Name & Title
of Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Steve Jordan,
Fire Marshal
R220: Fire
Inspection
Principals
Emittsburg,
Maryland
April 30-
May 14,
2011
$234.48
April 11, 2011
2.
3.
4.
5.
Page 2
Pat Treloar,
Chief of Fire
Services
Spring IAPFC
Conference
Ames, Iowa
April 12-
14, 2011
$170.00
plus tax
Suzy Schares,
2011 Iowa
Des Moines,
April 26-
$378.00
City Clerk;
Employment
Iowa
27, 2011
Carol Failor,
Conference
Deputy City
Clerk
Brent
2011 Midwest
Dubuque,
May 22-25,
$2,359.20
Cirksena,
Lieutenant;
Gang
Investigators
Iowa
2011
Edward Savage,
Association:
Officer;
National Gang
Thomas Frein,
Conference
Officer; Jamie
Sullivan,
Officer
Dana Jaeger,
2011 Midwest
Dubuque,
May 22-25,
$2,175.20
UNI Police;
Gang
Iowa
2011
Mark Howard,
Cedar Falls
Investigators
Association:
Police;
National Gang
Matthew
Conference
Drucker, Black
Hawk Sheriff's
Office;
Nicholas
Smith, Black
Hawk Sheriff's
Office
Class B Beer License Permit Application
6. Hawkeye Chapter American Red Cross, 2814 Betsworth Drive (New) (5 day -
4/26/11 to 5/1/11) (Includes Sunday Sales)
7. Main Street Waterloo Partnership, Lincoln Park (New) (6 months -5/20/11 to
11/20/11)
Class C Beer License
8. Liquorama, 1117 E.
Sales)
9. Speedy Mart, 1027 E.
Sales)
Permit Application
4th Street (New) (Expires 4/1/12) (Includes Sunday
4th
Street (New) (Expires 3/15/12) (Includes Sunday
Class C Liquor License Permit Application
10.Screaming Eagle American Bar and Grill, 228 E.
(Expires 4/20/12) (Includes Sunday Sales)
4th
Street (Renewal)
Class E Liquor License Permit Application
11.Liquorama, 1117 E. 4th Street (New) (Expires 4/1/12) (Includes Sunday
Sales)
12.King Star, 127 Jefferson Street (Renewal) (Expires 11/6/11) (Includes
Sunday Sales)
Class B Wine License Permit Application
13.Liquorama, 1117 E. 4th Street (New) (Expires 4/1/12) (Includes Sunday
Sales)
14.Speedy Mart, 1027 E. 4th Street (New) (Expires 3/15/12) (Includes Sunday
Sales)
Outdoor Service Area Application
15.Main Street Waterloo Partnership, Lincoln Park
16.Screaming Eagle American Bar and Grill, 228 E. 4th Street
Fireworks Display Application
17.Request of Jerry Dixon for Viking Pump 100 Year Celebration taking place
at George Wyth State Park -Canfield Shelter on June 11, 2011
18.Request of The•VGM Group for The Heartland Conference 2011 taking place at
1111 W. San Marnan Drive -SW field on June 6, 2011
19.Bonds
136263 - Hart/Schmitt
to table item 1.C. - Motion to deny solicitation application for Trevor King for
one week.
Ayes: Seven. Motion carried.
April 11, 2011 Page 3
Consent agenda continued:
Ayes: Seven, except for item 1(b)8,9,11,13,14. Motion carried. Ms. Cole
abstained item 1.b.18. Mr. Schmitt abstained from the payment to Schmitt
Telecom. Item 1(b)8,9,11,13,14 - Ayes: Six. Nay: One (Hart).
PUBLIC HEARINGS
136264 - Schmitt/Welper
that proof of publication of notice of public hearing on Public Library's Radio
Frequency Identification (RFID) Conversion Project -Phase 2, as published in the
Waterloo Courier on March 31, 2011, be received and placed on file. Ayes:
Seven. Motion carried.
136265 - 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.
136266 - Schmitt/Welper
that "Resolution confirming approval of specifications, bid document, etc. in
conjunction with Public Library's Radio Frequency Identification (RFID)
Conversion Project -Phase 2", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-270.
136267 - Schmitt/Welper
that "Resolution authorizing to proceed in conjunction with Public Library's
Radio Frequency Identification (RFID) Conversion Project -Phase 2", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-271.
136268 - Schmitt/Welper
to receive, file and instruct City Clerk to read bids and refer to Library
Director for review:
Bidder
Bid Amount
Demco
4810 Forest Run Road
Madison, Wisconsin 53704-7336
3 bin:
5 bin:
$59,819.00
$77,728.50
3M Library Systems
3M Center, Bldg 225-4N-14
St. Paul, Minnesota 55144-1000
3 bin:
5 bin:
$38,223.00
$67,895.00
+
+
options
options
Integrated Technology Group
5000 Miller Court East
Norcross, Georgia 30071
3 bin:
Option:
$50,877.86
$95,350.65
Ayes: Seven. Motion carried.
136269 - Getty/Hart
that proof of publication of notice of public hearing on Demolition and Site
Clearance Project, Contract No. 172 -D -GO -04-18-11 for the following properties:
233 Ash Street; 325-327 Clay Street; 425 Clay Street; 1121 South Street; 1309 W.
2nd Street; 720 W. Park Street; 411 Wellington Street; 121 Cutler Street; 1555
Newell Street; 320 E. 1st Street; 326 Center Street; and alternate address of 715
Vinton Street, as published in the Waterloo Courier on March 31, 2011, be
received and placed on file. Ayes: Seven. Motion carried.
136270 - 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: Seven. Motion carried.
April 11, 2011 Page 4
136271 - Getty/Hart
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with Demolition and Site Clearance Project, Contract No.
172 -D -G0-04-18-11 for the following properties: 233 Ash Street; 325-327 Clay
Street; 425 Clay Street; 1121 South Street; 1309 W. 2nd Street; 720 W. Park
Street; 411 Wellington Street; 121 Cutler Street; 1555 Newell Street; 320 E. 1st
Street; 326 Center Street; and alternate address of 715 Vinton Street", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-272.
136272 - Getty/Hart
that "Resolution ordering construction in conjunction with Demolition and Site
Clearance Project, Contract No. 172 -D -G0-04-18-11 for the following properties:
233 Ash Street; 325-327 Clay Street; 425 Clay Street; 1121 South Street; 1309 W.
2nd Street; 720 W. Park Street; 411 Wellington Street; 121 Cutler Street; 1555
Newell Street; 320 E. 1st Street; 326 Center Street; and alternate address of 715
Vinton Street", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-273.
136273 - Getty/Hart
to receive, file and instruct City Clerk to open and read bids and refer to
Contract and Grants Coordinator for review:
Bidder
Bid Bond
Base Bid
Alternate
Total Bid
Amount
Baker Concrete and Excavating
PO Box 277
Waverly, Iowa 50677
5%
$142,200.00
$19,000.00
$161,200.00
Frickson Bros. Excavating
737 Colleen Avenue
Evansdale, Iowa 50707
$4,080.00
$81,600.00
$8,300.00
$89,900.00
Lehman Trucking & Excavating, Inc.
1422 Ashland Avenue
Waterloo, Iowa 50703
5%
$113,595.00
$6,200.00
$119,795.00
McClain & Co., Inc.
520 Charles Street
Waterloo, Iowa 50703
5%
$85,000.00
$6,500.00
$91,500.00
Peterson Contractors Inc.
Box A
Reinbeck, Iowa 50669-0155
5%
$110,730.00
$8,600.00
$119,330.00
Stickfort Construction
PO Box 447
Hudson, Iowa 50643
5%
$109,350.00
$11,900.00
$121,250.00
Vieth Construction Corporation
6419 Nordic Drive
Cedar Falls, Iowa 50613
5%
$114,000.00
$5,000.00
$119,000.00
Ayes: Seven. Motion carried.
136274 - Greenwood/Schmitt
that proof of publication of notice of public hearing on Demolition and Site
Clearance Services for the Hazard Mitigation Grant Program (HMGP) Property
Acquisition Project, as published in the Waterloo Courier on March 31, 2011, be
received and placed on file. Ayes: Seven. Motion carried.
136275 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Greenwood/Hart
that the hearing be closed. Ayes: Seven. Motion carried.
April 11, 2011
136276 - Greenwood/Hart
Page 5
that "Resolution confirming approval of Request for Proposals, plans,
specifications, form of contract, etc. in conjunction with Demolition and Site
Clearance Services for the Hazard Mitigation Grant Program (HMGP) Property
Acquisition Project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-274.
136277 - Greenwood/Hart
that "Resolution authorizing to proceed in conjunction with Demolition and Site
Clearance Services for the Hazard Mitigation Grant Program (HMGP) Property
Acquisition Project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-275.
136278 - Greenwood/Hart
to receive, file and instruct City Clerk to open and read bids and refer to
Community Planning & Development Director for review:
Bidder
Bid Bond
Total lump sum bid (total cost
based on the tabulated amounts from
each property bid tab)
Affordable Hazards Removal, Inc.
121 E. Grand Street
Monticello, Iowa 52310
5%
$494,000.00
Frickson Backhoe & Trucking
911 Central Avenue
Evansdale, Iowa 50707
$15,000.00
$299,819.00
Kelly Demolition, LLC
1100 W. Mt. Vernon Road
Mount Vernon, Iowa 52314
5%
$189,362.46
McClain & Co., Inc.
520 Charles Street
Waterloo, Iowa 50703
5%
$281,650.00
Peterson Contractors Inc.
Box A
Reinbeck, Iowa 50669-0155
$17,135.50
$342,710.00
Ayes: Seven. Motion carried.
RESOLUTIONS
136279 - Hart/Welper
that "Resolution approving agreement with Iowa Network Services, Inc. to utilize
public right-of-ways 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. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-276.
136280 - Hart/Welper
that "Resolution approving Completion of Project and Recommendation of
Acceptance of Work performed by Vieth Construction Corporation of Cedar Falls,
Iowa at a total cost of $472,920.65 in conjunction with F.Y. 2008 Donald Street
Trail, Contract No. 700; and authorize Mayor to execute said document -Submitted
by Eric Thorson, P.E., City Engineer", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-277.
136281 - Hart/Welper
that "Resolution approving recommendation of award of contract to Aspro, Inc. of
Waterloo, Iowa in the amount of $4,251,258.60 in conjunction with F.Y. 2011
Street Reconstruction Program, Contract No. 798 -Submitted by Dennis Gentz, P.E.,
Assistant City Engineer", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-278.
April 11, 2011 Page 6
136282 - Cole/Welper
that "Resolution approving Contract, Bonds and Certificates of Insurance with
Aspro, Inc. of Waterloo, Iowa in the amount of $4,251,258.60 in conjunction with
F.Y. 2011 Street Reconstruction Program, Contract No. 798; and authorize Mayor
and City Clerk to execute said documents -Submitted by Dennis Gentz, P.E.,
Assistant City Engineer", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-279.
136283 - Cole/Welper
that "Resolution approving Development Agreement with CPM Acquisition
Corporation for a new 5,500 to 6,500 sq. ft. office addition onto their existing
industrial building generally located at 2975 Airline Circle in the Airport Tax
Increment Finance District, with tax rebatements for five years at 50 percent;
and authorize Mayor and City Clerk to execute said document -Submitted by Noel
Anderson, Community Planning & Development Director", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-280.
136284 Cole/Welper
that "Resolution approving the acquisition of 927 Lafayette Street located
within the Rath Brownfield Neighborhood in the amount of $15,000.00 to be used
for new housing infill development -Submitted by Noel Anderson, Community
Planning & Development Director", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-281.
136285 - Hart/Greenwood
that "Resolution approving request for temporary parking on the south side of
the 600 block of Byron Avenue between Baltimore Street and Western Avenue -
Submitted by Sandie Greco, Superintendent of Traffic Operations", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-282.
136286 - Hart/Greenwood
that "Resolution setting date of hearing as April 25, 2011 to approve request of
ConTrol for a site plan amendment to the "M -2,P" Planned Industrial District to
allow forthe development of a new 17,500 sq. ft. industrial warehousing
building generally located on Lot 18, Northeast Industrial Park Plat No. 3 -
Submitted by Noel Anderson, Community Planning & Development Director", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-283.
136287 - Hart/Greenwood
that "Resolution approving contract addendum with New World Systems, Inc. in the
total amount not to exceed $342,950.00 for financial, payroll and licensing
software -Submitted by Suzy Schares, City Clerk and Michelle Weidner, Chief
Financial Officer", be adopted. Ayes: Six. Nay: One (Schmitt).
Mr. Schmitt expressed concern with the expense and the lack of communication
with the County regarding the change.
Resolution adopted and upon approval by Mayor assigned No. 2011-284.
136288 - Hart/Greenwood
that "Resolution approving Acceptance of Improvements of the Audubon Park Sixth
Addition (Paving Of Redtail Drive Sanitary Sewer And Storm Sewer For Redtail
Drive And Harbin Drive) performed by Peterson. Contractors, Inc. of Reinbeck,
Iowa, and receive and file two-year Maintenance Bond -Submitted by Dennis Gentz,
P.E., Assistant City Engineer", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-285.
April 11, 2011
ORDINANCES
136289 - Schmitt/Welper
Page 7
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 418 to Section 2A-5, Rezoning Certain
Property to rezone approximately 3.52 acres from "R-2" One and Two Family
Residence District to "R -1,R -P" Planned Residence District, located at the
former Irving Elementary School site at 728 Hawthorne Avenue, located at the
southwest corner of West 6th Street and Hawthorne Avenue to allow for future one
and two family housing development", be considered and passed for the third time
and adopted. Ayes: Six. Nay: One (Hart).
Steve Sesterhenn, Board Chairman Heartland Habitat for Humanity, thanked Council
for allowing Habitat to voice their concern and helping them to understand the
intentions of staff and Council.
Ann Berry-Wortham, encouraged Council to not pass the ordinance.
Linda Morgan, Cedar Falls, expressed concern with the inability to build
affordable homes if the property is rezoned to "R-1, R -P."
Ordinance adopted and upon approval by Mayor assigned No. 5041.
136290 - Cole/Hart
that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (13)
Lafayette Street of Section 549, Loading Zone; and enacting in lieu thereof a
new Subsection (13) Lafayette Street to Section 549, Loading Zones (Allow a 15
minute limit loading zone in the alley in the 500 block of Lafayette Street just
West of East 4th Street)", be received, placed on file, considered and passed
for the first time. Ayes: Seven. Motion carried.
136291 - Cole/Hart
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
136292 - Cole/Hart
that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (13)
Lafayette Street of Section 549, Loading Zone; and enacting in lieu thereof a
new Subsection (13) Lafayette Street to Section 549, Loading Zones (Allow a 15
minute limit loading zone in the alley in the 500 block of Lafayette Street just
West of East 4th Street)", be considered and passed for the second and third
times and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 5042.
OTHER COUNCIL BUSINESS
136293 - Getty/Hart
to instruct Airport Director to prepare plans, specifications, form of contract,
etc. in conjunction with Rehabilitation of Apron Phase 3A at Waterloo Regional
Airport, be received, placed on file and approved. Ayes: Seven. Motion
carried.
136294 - Getty/Hart
that plans, specifications, form of contract, etc. in conjunction with
Rehabilitation of Apron Phase 3A at Waterloo Regional Airport, be received and
placed on file. Ayes: Seven. Motion carried.
136295 - Getty/Hart
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with Rehabilitation of Apron Phase 3A at Waterloo
Regional Airport", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-286.
April 11, 2011 Page 8
136296 - Getty/Hart
that "Resolution setting date of hearing as May 2, 2011 and instructing City
Clerk to publish notice of plans, specifications, form of contract, etc. in
conjunction with Rehabilitation of Apron Phase 3A at Waterloo Regional Airport",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-287.
136297 - Schmitt/Welper
to instruct Superintendent of Traffic Operations to prepare specifications, bid
document, etc. in conjunction with Purchase of Traffic Signal Equipment,
Williston at Baltimore & Williston at West 9th Street, Traffic Safety
Improvements TRF -161, be received, placed on file and approved. Ayes: Seven.
Motion carried.
136298 - Schmitt/Welper
that specifications, bid document, etc. in conjunction with Purchase of Traffic
Signal Equipment, Williston at Baltimore & Williston at West 9th Street, Traffic
Safety Improvements TRF -161, be received and placed on file. Ayes: Seven.
Motion carried.
136299 - Schmitt/Welper
that "Resolution preliminarily approving specifications, bid document, etc. in
conjunction with Purchase of Traffic Signal Equipment, Williston at Baltimore &
Williston at West 9th Street, Traffic Safety Improvements TRF -161", beadopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-288.
136300 - Schmitt/Welper
that "Resolution setting date of hearing as April 25, 2011 and instructing City
Clerk to publish notice of specifications, bid document, etc. and taking of bids
in conjunction with Purchase of Traffic Signal Equipment, Williston at Baltimore
& Williston at West 9th Street, Traffic Safety Improvements TRF -161", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-289.
136301 - Welper/Schmitt
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. in conjunction with F.Y. 2011 MidPort Boulevard Extension -Phase II,
Contract No. 802, be received, placed on file and approved. Ayes: Seven.
Motion carried.
136302 - Welper/Schmitt
that plans, specifications, form of contract, etc. in conjunction with F.Y. 2011
MidPort Boulevard Extension -Phase II, Contract No. 802, be received and placed
on file. Ayes: Seven. Motion carried.
136303 - Welper/Schmitt
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with F.Y. 2011 MidPort Boulevard Extension -Phase
II, Contract No. 802", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-290.
136304 - Welper/Schmitt
that "Resolution setting date of hearing as May 2, 2011 and instructing City
Clerk to publish notice of plans, specifications, form of contract, etc. in
conjunction with F.Y. 2011 MidPort Boulevard Extension -Phase II, Contract No.
802", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-291.
ORAL PRESENTATIONS
Gene Seal, Youth Program Director for Volunteer Center for the Cedar Valley, and
Jackie Felt, invited Council to attend the Global Youth Service Day Project "The
Great Sweep" on Thursday, April 14, 2011, at 3:30 p.m. The project will clean
Lincoln Park and the sidewalks on' 4th, 5th, and Park Avenue.
April 11, 2011 Page 9
136305 - Hart/Schmitt
that the above oral comments be received and placed on file. Ayes: Seven.
Motion carried.
136306 - Hart/Schmitt
that the council adjourn to Executive Session at 6:30 p.m. Ayes: Seven.
Motion carried.
City Attorney Jim Walsh stated that discussion of acquisition of property is an
approved topic of Executive Session pursuant to Iowa Code Section
21.5 (1) (j) (2009) .
EXECUTIVE SESSION
136307 - Hart/Welper
that the council adjourn Executive Session at 6:50 p.m. Ayes: Seven. Motion
carried.
ADJOURNMENT
136308 - Hart/Welper
that the Council adjourn at 6:50 p.m. Ayes: Seven. Motion carried.
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Suzy ScYPa4es
City Clerk