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HomeMy WebLinkAboutMinutes-04/18/2011April 18, 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 18, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Carolyn Cole, Ward 2 Council Member. 136309 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, April 18, 2011, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 136310 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, April 11, 2011, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Clark read a Proclamation declaring the week of May 1-8, 2011 as Days of Remembrance Week. Mayor Clark read a Proclamation declaring the week of April 24-30, 2011 as Arbor Week. CONSENT AGENDA 136311 - 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. 1-84, dated April 18, 2011, in the amount of $1,674,629.66, 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. 2011-292. 2 Request of Dale Hixson of the Waterloo Memorial Day Board, Waterloo Memorial Day Board Member, to hold Memorial Day Parade and Services to be held on May 30, 2011 starting 10:30 a.m., with the route to start at Commercial Street and 5th Street, west along Commercial Street, right turn on Park Avenue, right turn on Mulberry Street, right turn on 5th Street and end at Veterans Memorial Hall -Submitted by Daniel J. Trelka, Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2011-293. 3. Request of request of Dennis Clark and Mary Eldridge to burn approximately 4 acres of prairie grass located north and south of the pond located at 2204 Ashland Avenue during the time frame of March 30 -June 15, 2011 and September 1 -November 15, 2011, together with recommendation of approval of Chief of Fire Services -Submitted by Pat Treloar, Chief of Fire Services. Resolution adopted and upon approval by Mayor assigned No. 2011-294. 4. Request of Dirk Myhr for a concrete driveway to be located at 4132 North 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. 2011-295. b. Motion to approve the following: 1. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Officer Brad Walter; Officer Dave Bovy Police Motorcycle Training Davenport, Iowa April 26-28, 2011 $580.00 April 18, 2011 2. 3. Page 2 Investigator John DeKoster; Bloodstain Pattern Evidence Analysis Greeley, Colorado May 3-5, 2011 $1,950.00 Investigator April 18, 2014 New Appointment Chris Morley Greg Ahlhelm, Plans Examiner Introduction to 2009 International Madison, Wisconsin May 1-3, 2011 $1,421.48 Building Code 4. Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Kathyinda Historic Preservation Commission April 18, 2014 New Appointment 5. Recommendation of appointment of Troy Seemann to the position of Waste Services Technician, effective April 30, 2011 -Submitted by Larry N. Smith, Superintendent of Waste Management Services 6. Recommendation of appointment of Kevin Kuenstling to the position of Instrumentation Control Technician, effective May 2, 2011 -Submitted by Larry N. Smith, Superintendent of Waste Management Services Class A Liquor License Permit Application 7. Sunnyside Country Club, 1600 Olympic Drive (Ownership Update) Class C Liquor License Permit Application 8. Jet Lounge, 451-453 W. Parker Street (Renewal) (Expires 4/14/12) (Includes Sunday Sales) 9. Caffe Bar Piramida, 712 Jefferson Street (Renewal) (Expires 2/18/12) (Includes Sunday Sales) Outdoor Service Area Application 10.Fortunes, 328 Elm Street 11.Jet Lounge, 451-453 W. Parker Street 12.Caffe Bar Piramida, 712 Jefferson Street Vehicle For Hire Business License Application 13.Yellow Cab, Inc., 110 W. 14th Street 14.Bonds Ayes: Seven. Motion carried. PUBLIC HEARINGS 136312 - Hart/Cole that proof of publication of notice of public hearing on Waterloo/Cedar Falls HOME Consortium FY2012 One -Year Action Plan for CDBG and HOME Program Funds, as published in the Waterloo Courier on April 11, 2011, be received and placed on file. Ayes: Seven. Motion carried. 136313 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Cole that the hearing be closed. Ayes: Seven. Motion carried. 136314 - Hart/Cole that "Resolution authorizing said plan and authorize submission of Waterloo/Cedar Falls HOME Consortium FY2012 One -Year Action Plan for CDBG and HOME Program Funds to U.S. Department of Housing and Urban Development", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-296. April 18, 2011 Page 3 136315 - Schmitt/Welper that proof of publication of notice of public hearing on 5 -year lease with revenue in the amount of $9,600.00 per year with Fidelity Towers to allow for the construction of a 120' stealth monopole tower and equipment at Morris Park located at the corner of Ridgeway Avenue and 11th Street, as published in the Waterloo Courier on April 11, 2011, be received and placed on file. Ayes: Seven. Motion carried. 136316 - This being the time and place of public hearing, the Mayor called for written and oral objections. Cheri Edwards, SSC, a representative of Fidelity Towers was present to answer any questions. Paul Huting, Leisure Services Director, reported that the Leisure Services Commissions recommends approval of the lease. Schmitt/Welper that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 136317 - Schmitt/Welper that "Resolution approving lease agreement in conjunction with 5 -year lease with revenue in the amount of $9,600.00 per year with Fidelity Towers to allow for the construction of a 120' stealth monopole tower and equipment at Morris Park located at the corner of Ridgeway Avenue and 11th Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-297. 136318 - Greenwood/Schmitt that proof of publication of notice of public hearing on Purchase of Traffic Mast Arm Poles, Williston at Baltimore & Williston at West 9th Street, as published in the Waterloo Courier on April 11, 2011, be received and placed on file. Ayes: Seven. Motion carried. 136319 - 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. Ayes: Seven. Motion carried. 136320 - Greenwood/Schmitt that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of Traffic Mast Arm Poles, Williston at Baltimore & Williston at West 9th Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-298. 136321 - Greenwood/Schmitt that "Resolution authorizing to proceed in conjunction with Purchase of Traffic Mast Arm Poles, Williston at Baltimore & Williston at West 9th Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-299. 136322 - Greenwood/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Traffic Operations for review: Bidder Bid Amount 3E Electrical Engineering & Equipment Company 183 W. 9th Street Waterloo, Iowa 50702 $26,245.26 Crescent Electric Supply Company P.O. Box 180 Waterloo, Iowa 50704-0180 $25,458.95 Ayes: Seven. Motion carried. April 18, 2011 Page 4 RESOLUTIONS 136323 - Hart/Schmitt to table a "Resolution approving the designation of funds to Grout Museum - Submitted by Mayor Buck Clark", until May 16, 2011. Ayes: Seven. 136324 - Schmitt/Greenwood that "Resolution approving updated 28E Agreement with LaPorte City to provide plan review, building and electrical inspection services -Submitted by Craig Clark, Building Official/Maintenance Administrator", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-300. 136325 - Schmitt/Greenwood that "Resolution approving Contract for the Disaster Recovery Expanded Business Rental Assistance Program for River Plaza Athletic Club at 10 W. 4th Street, in the amount of $45,153.00; and authorize Mayor to execute said documents - Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-301. 136326 - Schmitt/Greenwood that "Resolution approving application to the MidAmerican 2011 Iowa Solid State Street Lighting Grant in the amount of $5,000.00 for replacement of approximately 6 to 8 HPS street lights with LED fixtures -Submitted by Sandie Greco, Superintendent of Traffic Operations", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-302. 136327 - Cole/Welper that "Resolution approving IDOT Traffic Safety Grant Agreement with Iowa Department of Transportation for University/Hwy 63 Intersection in the amount of $63,000.00 -Submitted by Sandie Greco, Superintendent of Traffic Operations", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-303. 136328 - Cole/Welper that "Resolution approving IDOT Traffic Safety Grant Agreement with Iowa Department of Transportation for six intersections in the amount of $71,000.00 (Shoppers Boulevard & San Marnan Drive; W. Park Avenue & Commercial Street; U.S. 218 & Hawthorne Avenue; U.S. 63 & Hwy 218 off -ramp; Bluff Street & W. 6th Street; and University Avenue & Ansborough Avenue) -Submitted by Sandie Greco, Superintendent of Traffic Operations", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-304. 136329 - Cole/Welper that "Resolution approving advance of funds in the amount of $80,000.00 for repayment from the Martin Road Urban Renewal Tax Increment Revenue Fund for purpose of making an economic development grant to Failor Hurley Properties, LLC and direct filing of Certification Under Iowa Code Section 403.19 -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-305. 136330 - Hart/Schmitt that "Resolution approving award of contract to Frickson Brothers Excavation of Evansdale, Iowa for an amount not to exceed $89,900.00 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 Avenue; 411 Wellington Street; 121 Cutler Street; 1555 Newell Street; 320 E. 1st Street; 326 Center Street; and alternate address of 715 Vinton Street -Submitted by Louis Starks, Contracts and Grants Coordinator", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-306. 136331 - Hart/Schmitt April 18, 2011 Page 5 that "Resolution setting date of hearing as May 2, 2011 to approve a 4 -year farm lease with Michael Cook to farm 9 acres along the north side of Martin Luther King, Jr. Drive, east of the City View Heights Neighborhood, and west of the Northeast Industrial Park, at $95.00 per acre with a yearly amount of $855.00 - Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-307. 136332 - Getty/Hart that "Resolution setting date of hearing as May 23, 2011 for the acquisition or condemnation of agricultural property required for the West Shaulis Road/Ansborough Avenue Reconstruction Project -Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-308. 136333 - Getty/Hart that "Resolution approving Iowa Certified Local Government 2010 Annual Report to be filed with State Historic Preservation Office; and authorize Mayor to execute said document -Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-309. 136334 - Getty/Hart that "Resolution approving amendment to the application to Black Hawk County Gaming Association for interior improvements, equipment and furnishings for the Public Market in the total amount of $431,037.00 and that Resolution No. 2011- 192 be rescinded in its entirety -Submitted by Mayor Buck Clark", be adopted. Ayes: Seven. Mayor Clark noted that this is an amendment to the grant previously submitted. There was a Department of Energy grant that was going to be used to do the energy improvements to the Public Market to comply with the Vision Iowa Grant but now the State Historical Society has done an inspection on the building and determined that in order to use Federal Funds we had to comply with Historical Society requirement on the building. That process to appeal or comply with the request is a lengthy process and we do not have time to do this and comply with the Vision Iowa timeline. So we are seeking funds from the Black Hawk County Gaming Association to make up the difference to install new windows and breezeways. Noel Anderson, Planning and Community Development Director, reported that the windows were not found.to be to the historic standards so we would have been forced to find another source. Paul Huting, Leisure Services Director, reported there are additional items being added since working with the architect such as a grease trap that will be necessary. This is the WDC allotment so it is not just the City of Waterloo asking for the grant. It is not competing with other City grant requests. Jim Walsh, City Attorney, stated the windows were compatible for the building but no one imagined that the building had historic significance of any kind. Only after we applied for the Energy grant did the inspection take place and the requirements were placed. Resolution adopted and upon approval by Mayor assigned No. 2011-310. ORDINANCES 136335 - Cole/Welper that "an Ordinance amending the 2008 Traffic Code by repealing subsection (7) Burton Avenue of Section 341, Increasing Speed Limits in Certain Areas; and Enacting in Lieu Thereof a New Subsection (7) Burton Avenue of Section 541, Increasing Speed Limits in Certain Areas (increasing speed limit from 25 mph to 30 mph on Burton Avenue from W. Parker Street to Conger St. and Post 25 mph Speed Limit on Burton Avenue from Conger Street to Park Road)", be received, placed on file, considered and passed for the first time. Ayes: Seven.. Motion carried. Mr. Schmitt clarified that this is the stretch of road where Lincoln School was formerly located and there are few residents in the area. 136336 - Cole/Welper April 18, 2011 Page 6 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 136337 - Cole/Welper that "an Ordinance amending the 2008 Traffic Code by repealing subsection (7) Burton Avenue of Section 541, Increasing Speed Limits in Certain Areas; and Enacting in Lieu Thereof a New Subsection (7) Burton Avenue of Section 541, Increasing Speed Limits in Certain Areas (increasing speed limit from 25 mph to 30 mph on Burton Avenue from W. Parker Street to Conger St. and Post 25 mph Speed Limit on Burton Avenue from Conger Street to Park Road)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5043. ORAL PRESENTATIONS Renae Carson thanked Council for supporting the Common Grounds Neighborhood Association by denying liquor licenses in the neighborhood. Mayor Clark stated that within 30 days or so an ordinance will be brought before Council regarding liquor and zoning issues. 136338 - Hart/Schmitt that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 136339 - Hart/Schmitt that the council adjourn to Executive Session at 6:03 p.m. Roll Call 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). EXECUTIVE SESSION 136340 - Hart/Schmitt that the council adjourn Executive Session at 6:10 p.m. Ayes: Seven. Motion carried. 136341 - Hart/Schmitt to proceed. Ayes: Seven. Motion carried. ADJOURNMENT 136342 - Hart/Schmitt that the Council adjourn at 6:10 p.m. Ayes: Seven. Motion carried. uzy c ares City Clerk