HomeMy WebLinkAboutMinutes-04/25/2011April 25, 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 25, 2011. Mayor Ernest G. Clark
in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Harold Getty, Ward 3 Council Member.
136343 - Hart/Schmitt
that the Agenda, as amended adding a class b beer license application, for the
Regular Session on Monday, April 18, 2011, at 5:30 p.m., be accepted and
approved. Voice vote -Ayes: Seven. Motion carried.
136344- Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, April 18,
2011, be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
Mayor Clark read and presented a Proclamation declaring April 25th to April 30th
as National Community Development Week to Rudy Jones, Community Development
Director.
Mayor Clark read and presented a Proclamation declaring the week of May 1st as
Municipal Clerks Week to Suzy Schares, City Clerk.
CONSENT AGENDA
136345- 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. 1-60, dated April 25, 2011, in
the amount of $4,548,309.38, 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. 2011-311.
2. Request of Anthony Bradfield for an asphalt driveway to be located at 807
Anthony Street, 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. 2011-312.
3. Request of Martha Johnston for a concrete driveway to be located at 3624
Inverness 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. 2011-313.
4. Request of William Kolsrud for a concrete driveway to be located at 1343
Wallgate 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. 2011-314.
5. Request to designate April 25-30, 2011 as National Community Development
Week to commemorate 37 years of funding through the Community Development
Block Grant program in the City of Waterloo, Iowa -Submitted by Rudy Jones,
Community Development Director.
Resolution adopted and upon approval by Mayor assigned No. 2011-315.
April 25, 2011
b. Motion to approve the following:
1.
Page 2
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Probationary
Police Officer
Diana DelValle
240th Iowa Law
Enforcement Basic
Academy
Johnston,
Iowa
April
25 -
August
5, 2011
$5,789.97
2. Recommendation of appointment of Mark Rice to the position of Public Works
Director, effective May 2, 2011 -Submitted by Mayor Buck Clark
3. Recommendation of appointment of Todd J. Henrich to the position of Park
Maintenance IV -Electrician, effective May 9, 2011, pending pre-employment
exam -Submitted by Paul Huting, Leisure Services Director
4. Recommendation of appointment of Timothy J. Steimel to the position of
Maintenance Worker I, effective April 26, 2011, pending pre-employment
exam -Submitted by Sandie Greco, Superintendent of Traffic Operations
5. Request of Thomas W. Abbas to burn approximately acre of prairie grass
located adjacent to their property at 2048 Grand Boulevard from April 19 -
May 13, 2011, together with recommendation of approval of the Fire
Department.
6. Request of Tammy Danger of Central Middle School and Jim Weimer of Black
Hawk County Conservation to burn approximately 1 acres of prairie grass
located at the corner of Katoski Drive and Huntington Road just in front
of Central Middle School at 1350 Katoski Drive from April 19 -May 31, 2011,
together with recommendation of approval of the Fire Department.
Class B Beer License Permit. Application
7. Waterloo Softball Association, 850 Longfellow Avenue (New - 6 month
License) (Expiration ) (Includes Sunday Sales)
8. National Dairy Cattle Congress (Pepsi Pavilion), 250 Ansborough Avenue
(Transfer to National Dairy Cattle Congress Arena) (Expires 4/26/2011)
Class C Beer License Permit Application
9. CVS Pharmacy #8544, 2060 Crossroads (Renewal) (Expiration 5-31-12)
(Includes Sunday Sales)
10. Liquor & Tobacco Outlet, 2844 University Ave., (Renewal) (Expiration 5-14-
2012) (Includes Sunday Sales)
Class A Liquor License Permit Application
11. Amvets Home Inc. #19, 32 Lafayette Rd. (Renewal) (Expiration 5-13-12)
(Includes Sunday Sales)
Class C Liquor License Permit Application
12. Screaming Eagles - Bike Night, 228 E. 4th Street (New) (Expiration 10-31-
2011)(Outdoor Service Only)
13. National Dairy Cattle Congress (Pepsi Pavilion), 250 Ansborough Avenue
(Transfer to National Dairy Cattle Congress Arena) (Expires 4/26/2011)
Class E Liquor License Permit Application
14. CVS Pharmacy #8544, 2060 Crossroads (Renewal) (Expiration 5-31-2012)
(Includes Sunday Sales)
15. Liquor & Tobacco Outlet, 2844 University Ave., (Renewal) (Expiration 5-14-
2012) (Includes Sunday Sales)
Class B Wine License Permit Application
16. CVS Pharmacy #8544, 2060 Crossroads (Renewal) (Expiration 5-31-12)
(Includes Sunday Sales)
17. Liquor & Tobacco Outlet, 2844 University Ave., (Renewal) (Expiration 5-14-
2012) (Includes Sunday Sales)
Outdoor Service Area Application
18. Amvets Home Inc. #19, 32 Lafayette Rd. (Renewal) (Expiration 5-13-12)
Vehicle for Hire Business License
19. City Cab, 1211 N. Barclay St., Waterloo Iowa
20. Bonds
April 25, 2011 Page 3
Roll call vote -Ayes: Seven. Motion carried.
Mayor Clark recognized the three new hires and welcomed them to the City.
Mayor Clark noted that Mark Rice has been appointed as the Public Works
Director. Steve Decker was recognized for his 37 years of service to the City.
PUBLIC HEARINGS
136346 - Schmitt/Welper
that proof of publication of notice of public hearing on Purchase of Traffic
Signal Equipment, Williston at Baltimore & Williston at West 9th Street, Traffic
Safety Improvements TRF -161, as published in the Waterloo Courier on April 18,
2011, be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
136347 - 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.
136348 - Schmitt/Welper
that "Resolution confirming approval of 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 adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-316.
136349 - Schmitt/Welper
that "Resolution authorizing to proceed in conjunction with Purchase of Traffic
Signal Equipment, Williston at Baltimore & Williston at West 9th Street, Traffic
Safety Improvements TRF -161", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-317.
136350 - Schmitt/Welper
to receive, file and instruct City Clerk to open and read bids and refer to
Superintendent of Traffic Operations for review:
Bidder
Bid Amount
Brown Traffic Products, Inc.
736 Federal St, Suite 2312
Davenport, Iowa 52803
$43,031.00
General Traffic Controls, Inc.
1963 330th St, Suite B
Spencer, Iowa 51301
$49,414.15
Traffic Control Corporation
P.O. Box 1051
Ankeny, Iowa 50021
$40,917.00
Voice vote -Ayes: Seven. Motion carried.
136351 - Hart/Greenwood
that proof of publication of notice of public hearing on Request of ConTrol for
a site plan amendment to the "M-2, P" site plan for a new industrial warehousing
building for ConTrol generally located at Lot 18, Northeast Industrial Park Plat
No. 3, as published in the Waterloo Courier on April 18, 2011, be received and
placed on file. Voice vote -Ayes: Seven. Motion carried.
136352 - 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 file recommendation of approval of Planning,
Programming and Zoning Commission. Voice vote -Ayes: Seven. Motion carried.
April 25, 2011 Page 4
136353 - Hart/Greenwood
that "Resolution approving said site plan amendment in conjunction with Request
of ConTrol for a site plan amendment to the "M-2, P" site plan for a new
industrial warehousing building for ConTrol generally located at Lot 18,
Northeast Industrial Park Plat No. 3", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-318.
RESOLUTIONS
136354 - Greenwood/Schmitt
that "Resolution approving one year lease with Waterloo Implement of Waterloo,
Iowa, in the amount of $6,950 for 20' rotary cutter and 72" deck mount mowers
for Waterloo Regional Airport -Submitted by Brad Hagen, Airport Director", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-319.
136355 - Greenwood/Schmitt
that "Resolution setting date of hearing as May 2, 2011 to approve reallocation
of up to $100,000 of General Obligation Bonds, Series 2006A and Series 2007A to
pay costs for the clearance, upgrading and improvement of the RiverLoop Expo
Grounds -Submitted by Michelle Weidner, Chief Financial Officer", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-320.
136356 - Greenwood/Schmitt
that "Resolution approving installation of 30 ft. pole with a 250 watt HPS light
on the south side and the north side of the intersection of W. Airline Hwy and
MidPort Blvd., and authorize City Clerk to notify MidAmerican Energy -Submitted
by Sandie Greco, Superintendent of Traffic Operations", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-321.
136357 - Schmitt/Welper
that "Resolution approving acceptance of additional grant from Federal Highway
Administration for Traffic Safety Campaign in the amount of $50,000 -Submitted by
Sandie Greco, Superintendent of Traffic Operations", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-322.
136358 - Schmitt/Welper
that "Resolution approving agreement with MET Transit allowing them to purchase
fuel from the City -Submitted by Mark Rice, Central Garage Superintendent", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-323.
136359 - Schmitt/Welper
that "Resolution approving Completion of Project and Recommendation of
Acceptance of Work performed by Floor Decor of Waterloo, Iowa at a total cost of
$23,891.51 in conjunction with Library 3rd Floor Flooring Replacement; and
authorize Mayor to execute said document -Submitted by Craig Clark, Building
Official/Maintenance Administrator", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-324.
136360 - Welper/Schmitt
that "Resolution approving an Agreement for Services with Government Relations
Consultants in the amount of $48,000.00 for legislative work for the City of
Waterloo -Submitted by Noel Anderson, Community Planning and Development
Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-325.
April 25, 2011 Page 5
136361 - Welper/Schmitt
that "Resolution approving Supplemental Development Agreement with Terri Walker
for the redevelopment of her condominium in the former Winterbottom Supply
building located at 25 Westfield Avenue with a minimum assessment of
$121,760.00; and authorize Mayor and City Clerk to execute said document -
Submitted by Noel Anderson, Community Planning & Development Director", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-326.
136362 - Welper/Schmitt
that "Resolution setting date of hearing as May 9, 2011 to approve request by
City of Waterloo to rezone approximately 1.63 acres of land located at the
former Lafayette Elementary site at 2265 Lafayette Street from "R-3" Multiple
Residence District to "R-1, R -P" Planned Residence District; and instruct City
Clerk to publish said notice -Submitted by Noel Anderson, Community Planning &
Development Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-327.
136363 - Hart/Welper
that "Resolution setting date of hearing as May 9, 2011 to approve request by
City of Waterloo to rezone approximately 7.40 acres of land located at the
Edison Elementary site at 740 Magnolia Parkway, located along the west side of
Magnolia Parkway, directly to the north of Falls Avenue from "R-2" One and Two
Family Residence District to "R-1, R -P" Planned Residence District; and instruct
City Clerk to publish said notice -Submitted by Noel Anderson, Community Planning
& Development Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-328.
136364 - Hart/Welper
that "Resolution setting date of hearing as May 9, 2011 to approve the request
of D & J Investments for the sale and conveyance of city -owned land abutting
3900 Alexandria Drive at a cost of $10,970.61 plus costs for the purpose of
building a 3 -stall garage on the property; and authorize City Clerk to publish
notice of same -Submitted by Noel Anderson, Community Planning & Development
Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-329.
136365 - Hart/Welper
that "Resolution setting date of hearing as May 9, 2011 to approve a Development
Agreement for OFI Properties, LLC, including the sale and conveyance of city -
owned property approximately 2.48 acres of land, generally located on GT Drive
in the Northeast Industrial Park, for the purpose of construction of a new
17,500 sq. foot industrial building with a minimum taxable value of $510,000;
and authorize City Clerk to publish notice of same -Submitted by Noel Anderson,
Community Planning & Development Director", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-330.
136366 - Getty/Hart
that "Resolution approving recommendation of award of contract to Americlean of
Waterloo, Iowa in the amount of $125,686 in conjunction with Five Sullivan
Brothers Convention Center Duct and Coil Cleaning -Submitted by Craig Clark,
Building Official/Maintenance Administrator", be adopted. Roll call vote -Ayes:
Seven.
Craig Clark,Building Official, explained that this would to be the ductwork
inside the building. It is a different type of system from what is at City Hall
so it does not use chemicals.
Resolution adopted and upon approval by Mayor assigned No. 2011-331.
April 25, 2011 Page 6
136367 - Getty/Hart
that "Resolution approving recommendation of award of contract to Kelly
Demolition, LLC of Mount Vernon, Iowa in an amount not to exceed $198,404.95 for
Demolition and Site Clearance Services (no regulated asbestos -containing
materials) Group 1 in connection with Public Assistance (PA) demolition
activities of the Hazard Mitigation Grant Program (HMGP) Property Acquisition
Project; and authorize Mayor and City Clerk to execute said contract -Submitted
by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-332.
136368 - Getty/hart
that "Resolution approving second amendment to contract with Title Services
Corporation dated November 1, 2009 for abstracting services pertaining to the
City of Waterloo's Hazard Mitigation Grant Program to extend the term of the
contract for an additional period of six (6) months, from May 1, 2011 to October
31, 2011 -Submitted by Aric Schroeder, City Planner", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-333.
136369 - Hart/Greenwood
that "Resolution approving second amendment to contract with Clark, Butler,
Walsh & Hamann dated November 1, 2009 for legal services pertaining to the City
of Waterloo's Hazard Mitigation Grant Program to extend the term of the contract
for an additional period of six (6) months, from May 1, 2011 to October 31,
2011 -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-334.
136370 - Hart/Greenwood
that "Resolution accepting and approving the acquisition of property generally
located at 318 W. 12th Street, as granted by court order pursuant to Section
657A of the Iowa Code; and authorize Mayor and City Clerk to execute any
necessary documents -Submitted by Noel Anderson, Community Planning & Development
Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-335.
136371 - Hart/Greenwood
that "Resolution approving the renewal of audit contract with McGladrey &
Pullen, LLP for the fiscal years ending June 30, 2011 and 2012 at a base fee of
$81,000.00 for FYE2011 and $83,000.00 for FYE2012 with fees for any required
additional federal programs or services as outlined in the schedule; and
authorize Mayor to execute any necessary documents -Submitted by Michelle
Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-336.
OTHER COUNCIL BUSINESS
136372 - Schmitt/Welper
to instruct Central Garage Superintendent to prepare specifications, bid
document, etc. in conjunction with One (1) Current Model Year Trailer Mounted
Crack -Sealer Unit with Heated Wand, be approved. Voice vote -Ayes: Seven.
Motion carried.
136373 - Schmitt/Welper
that specifications, bid document, etc. in conjunction with One (1) Current
Model Year Trailer Mounted Crack -Sealer Unit with Heated Wand, be received,
placed on file and approved. Voice vote -Ayes: Seven. Motion carried.
136374 - Schmitt/Welper
that "Resolution preliminarily approving specifications, bid document, etc. in
conjunction with One (1) Current Model Year Trailer Mounted Crack -Sealer Unit
with Heated Wand", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-337.
April 25, 2011 Page 7
136375 - Schmitt/Welper
that "Resolution setting date of hearing and bid opening as May 9, 2011 and
instructing City Clerk to publish notice of specifications, bid document, etc.
and taking of bids in conjunction with One (1) Current Model Year Trailer
Mounted Crack -Sealer Unit with Heated Wand", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-338.
136376 - Greenwood/Schmitt
that Change Order No. 2 for a net decrease of $5,877.18 for work performed by
Vieth Construction Corp., of Cedar Falls, Iowa in conjunction with F.Y. 2008
Donald Street Trail, Contract No. 700 -Submitted by Jeff Bales, Associate
Engineer, be received, placed on file and approved. Voice vote -Ayes: Seven.
Motion carried.
136377 - Welper/Cole
that request from Martin Luther King, Jr. Peace Walk Committee to use Washington
Park as a site for the Martin Luther King, Jr. Peace Walk Memorial, together
with recommendation of denial of the Waterloo Leisure Services Commission -
Submitted by Paul Huting, Leisure Services Director, be received, placed on file
and denied. Roll Call vote -Ayes: Five. Nays: Two (Jones, Hart). Motion
carried.
Prior to a vote the following discussion was heard:
Mayor Clark explained that the committee has done a fantastic job of designing a
memorial to honor Martin Luther King, Jr. The preferred location by the
committee for this memorial is Washington Park. The Leisure Services Commission
has recommended denial of the request to use Washington Park for the memorial.
The request was then forwarded to Council in January. The item was then tabled
by the City Council. Alternate locations have been looked at but the Leisure
Services Board did not vote to place the item back on their agenda. Council has
since made a motion to bring the item off the table.
Frieda Weems, 635 Independence Ave., Vice -Chair Cedar Valley Peace Walk
Memorial, introduced the Committee and the supporters for the project. Ms. Weems
gave an overview of the timeline of events that brought this vision of the
memorial together. She asked for support of the project.
Geraldine Brown, 1649 Heath Street, Waterloo, spoke in support of the project.
Keith Clark, 866 Sunrise Blvd., Waterloo, spoke in support of the project.
Mason Fromm, 1922 Grand Boulevard, Cedar Falls, Iowa, Chairperson for Cedar
Valley Peace Walk Committee, spoke in support of the location for the project.
Mike Allen, spoke in support of the project.
Anna Mae Weems, 634 Independence Ave., spoke in support of the project.
Reverend Al Sampson, spoke in support of the project.
Jons Olsson, 1972 Newell Street, with the Historic Preservation Committee spoke
in opposition of the location for the project.
Mary Potter, 207 Leland Avenue, spoke in opposition of the project.
Jeff Kurtz, Main Street Waterloo, spoke in support of the project.
Mr. Jones questioned the ability of Council to approve the design and an
agreement for maintenance.
Paul Huting, Leisure Services Director, reported that the once a site was chosen
their would be design approval and an agreement would be presented to Council.
Larry Kurtz, 906 Bremer Road, Waverly, Iowa. From the HTS Architects, Architect
for the project, reported that the Council and Leisure Services would have
design oversight.
Mr. Hart asked that the concerns for the gardens be taken into account when
making decisions on the design.
Mr. Greenwood questioned funding.
April 25, 2011 Page 8
Mason Fromm, stated the funding in the amount of $2.6 million will be from
private donations and fundraising will start once a site is chosen.
Mr. Getty stated he is in favor of the project but is against the location.
Mr. Schmitt spoke in support of the peace walk and the location.
Mr. Hart spoke in support of the project.
ORAL PRESENTATIONS
None
ADJOURNMENT
136379 - Hart/Cole
that the Council adjourn at 7:01 p.m. Voice vote -Ayes: Seven. Motion carried.
Suzy Sc ares
City Clerk