HomeMy WebLinkAboutMinutes-08/01/2011August 1, 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, August 1, 2011. Mayor Ernest G. Clark
in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Welper, Hart. Absent:
Schmitt.
Moment of Silence.
Pledge of Allegiance: Noel Anderson, Community Planning & Development Director.
137062 - Hart/Welper
that the Agenda, as amended by adding #1a8 for a request of Waterloo Homecoming
Association (WHA) for a variance to the Noise Ordinance on Sunday, August 7,
2011 from 9:00 a.m. to 10:00 p.m. in conjunction with WHA 2011 Stone Soul Picnic
event to be held at Sullivan Park including live performances and the use of a
PA system, and by removing #1b12 and 1b20 for a new Beer & Liquor License Permit
Application for Metro Mart #4, 2332 Falls Avenue, for the Regular Session on
Monday, August 1, 2011, at 5:30 p.m., be accepted and approved. Voice vote -
Ayes: Six. Absent: Schmitt. Motion carried.
137063 - Hart/Welper
that the Minutes, as proposed, for the Regular Session on Monday, July 25, 2011,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Absent:
Schmitt. Motion carried.
Mayor Clark read a Proclamation declaring August 2, 2011 as National Night Out.
CONSENT AGENDA
137064 - Hart/Welper
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. 1-71, dated August 1, 2011, in
the amount of $1,273,139.88, 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. 2011-733.
2. Request of Peregrine Charities to hold Fourth Annual Peregrine Charities
Triathlon event to be held at George Wyth State Park on Saturday,
September 24,,2011 and Sunday, September 25, 2011 from 7:45 a.m. to 11:30
a.m., together with approval of Director of Safety Services -Submitted by
Daniel J. Trelka, Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2011-734.
3. Request of Kathy Flavin for a variance to the Noise Ordinance on
Wednesday, August 10, 2011 from 12:45 p.m. to 1:15 p.m. in conjunction
with Voter Education Tour event to be held at Lincoln Park including use
of a PA system, together with recommendation of approval of Director of
Public Safety.
Resolution adopted and upon approval by Mayor assigned No. 2011-735.
4. Request of Full House Productions CCC dba Spicoli's Bar and the Reverb
Rock Garden for a variance to the Noise Ordinance on Sunday, September 4,
2011 from 5:00 p.m. to 11:00 p.m. in conjunction with University Car
Cruise event to be held in parking lot of Spicoli's Bar and the Reverb
Rock Garden including a DJ and the use of a PA system, together with
recommendation of approval of Director of Public Safety.
Resolution adopted and upon approval by Mayor assigned No. 2011-736.
5. Request of Timothy Young for a variance to the Noise Ordinance on
Saturday, August 6, 2011 from 9:00 a.m. to 4:00 p.m. in conjunction with
Save the Children of Waterloo event to be held within the 800 block of W.
8th Street including a DJ and the use of a PA system, together with
recommendation of approval of Director of Public Safety.
Resolution adopted and upon approval by Mayor assigned No. 2011-737.
August 1, 2011 Page 2
6. Request of Scott Rubenacker for a concrete driveway to be located at 430
Martin 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. 2011-738.
7. Request to certify the following assessments to properties for work
performed by the Water Works, together with recommendation of approval of
Board of Water Works Trustees -Submitted by Dennis Clark, General Manager
of Waterloo Water Works:
Address
Amount to
certify
1026 Fulton Street
$308.27
Resolution adopted and upon approval by Mayor assigned No. 2011-739.
8. Request of Waterloo Homecoming Association (WHA) for a variance to the
Noise Ordinance on Sunday, August 7, 2011 from 9:00 a.m. to 10:00 p.m. in
conjunction with WHA 2011 Stone Soul Picnic event to be held at Sullivan
Park including live performances and the use of a PA system, together with
recommendation of approval of Director of Public Safety.
Resolution adopted and upon approval by Mayor assigned No. 2011-740.
b. Motion to approve the following:
1.
2.
3.
4.
5.
6.
7.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Captain Pillack;
Investigator
Saunders;
Planner/Analyst
Wilson
MOCIC
Conference
Fargo,
North
Dakota
August 22-
26, 2011
$2,498.64
11 Law
Enforcement
Officers
MOCIC
Conference
Fargo,
North
Dakota
August 22-
25, 2011
$6,752.68
Investigator
Galbraith;
Officer
Rulapaugh
Middle Eastern:
Crime, Culture
& Community
Johnston,
Iowa
August 16-
18, 2011
$230.00
Eric Thorson,
City Engineer
APWA Iowa
Chapter 2011
Fall Conference
Fort Dodge,
Iowa
August 24-
26, 2011
$345.00
Investigator
Saunders;
Lieutenant
Cirksena
2011
International
Outlaw
Motorcycle Gang
Investigators
Association
Conference
St. Louis,
Missouri
September
10-16,
2011
$3,067.00
Abraham
Funchess, Human
Rights Director;
Rebecca Johnson,
Human Rights
Specialist;
Robin Means,
Fair Housing
Coordinator
FHAP/FHIP
Training
Conference
Kansas
City,
Missouri
August 15-
18, 2011
$1,995.91
Officer Pohl
ICAC Digital
Forensic
Essentials
Training
Ankeny,
Iowa
July 31-
August 5,
2011
$585.00
August 1, 2011 Page 3
8. Motion to receive and file Mayor Clark's recommendation of the following
appointments:
Appointee
Board/Commission
Expiration Date
New or Re -
Appointment
Jenifer Lara
Human Rights
Commission
January
1,
2014
New Appointment
Dustin Cox
Human Rights
Commission
January
1,
2014
Re -Appointment
Ricardo Uranga,
Jr.
Human Rights
Commission
January
1,
2014
Re -Appointment
Rhonda McRina
Human Rights
Commission
January
1,
2014
Re -Appointment
9. Recommendation of appointment of Patrick Spitzner, to the position of
Sewer Maintenance Worker, effective August 22, 2011 -Submitted by Larry N.
Smith, Waste Management Services Superintendent
10.Motion to receive and file the Iowa Public Official Bond for Trustee Mary
Potter -Submitted by Dennis Clark, General Manager of Waterloo Water Works
Class B Beer License Permit Application
11.Thunder in the Valley Airshow, Waterloo Regional Airport (New) (5 days
8/25/11 to 8/30/11) (Includes Sunday Sales)
Class C Beer License Permit Application
12.Neighborhood Mart, 2100 Lafayette Street (New) (Expires 8/1/12) (Includes
Sunday Sales)
Class B Liquor License Permit Application
13.Ramada Inn, 205 W. 4th Street (Renewal) (Expires 4/30/12) (Includes Sunday
Sales)
Class C Liquor License Permit Application
14.Narey's 19th Hole, 2073 Logan Avenue (Renewal) (Expires 8/22/12)
15.Cadillac Lanes, 650 LaPorte Road (Renewal) (Expires 7/22/12) (Includes
Sunday Sales)
16.Stages, 728 Commercial Street (New) (Expires 1/11/2012) (Includes Sunday
Sales)
17.Chaser's Pub, 3005 University Avenue (Renewal) (Expires 7/7/12) (Includes
Sunday Sales)
18.Longhorn Steakhouse #5374, 1425 E. San Marnan Drive (Renewal) (Expires
8/31/12) (Includes Sunday Sales)
Class E Liquor License Permit Application
19.Neighborhood Mart, 2100 Lafayette Street (New) (Expires 8/1/12) (Includes
Sunday Sales)
Class B Wine License Permit Application
20.Neighborhood Mart, 2100 Lafayette Street (New) (Expires 8/1/12) (Includes
Sunday Sales)
Outdoor Service Area Application
21.Thunder in the Valley Airshow, Waterloo Regional Airport
22.Cadillac Lanes, 650 LaPorte Road
23.Stages, 728 Commercial Street
24.Chaser's Pub, 3005 University Avenue
Roll call vote -Ayes: Six. Absent: Schmitt. Motion carried.
PUBLIC HEARINGS
137065 - Greenwood/Welper
that proof of publication of notice of public hearing on Request of Hy -Vee, Inc.
to rezone 0.62 acres of land from "R-3" Multiple Residence District to "R -3,C -Z"
Conditional Zoning District property generally located northwest of 3233 W. 4th
Street for the purpose of creating an employee parking lot, as published in the
Waterloo Courier on July 22, 2011, be received and placed on file. Voice vote -
Ayes: Six. Absent: Schmitt. Motion carried.
137066 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
August 1, 2011 Page 4
Jeff Stein, Hy -Vee, Inc. in Des Moines, Iowa, stated he was present to answer
any questions. There were none.
Greenwood/Welper
that the hearing be closed and oral and written comments and recommendation of
approval of Planning, Programming and Zoning Commission be received and placed
on file. Voice vote -Ayes: Six. Absent: Schmitt. Motion carried.
137067 - Greenwood/Welper
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 116 to Section 2A -7N, Conditional Zoning
Certain Property in conjunction with Request of Hy -Vee, Inc. to rezone 0.62
acres of land from "R-3" Multiple Residence District to "R -3,C -Z" Conditional
Zoning District property generally located northwest of 3233 W. 4th Street for
the purpose of creating an employee parking lot", be received, placed on file,
considered and passed for the first time. Roll call vote -Ayes: Six. Absent:
Schmitt. Motion carried.
137068 - Greenwood/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six. Absent: Schmitt.
Motion carried.
137069 - Greenwood/Welper
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 116 to Section 2A -7N, Conditional Zoning
Certain Property", be considered and passed for the second and third times and
adopted. Roll call vote -Ayes: Six. Absent: Schmitt.
Ordinance adopted and upon approval by Mayor assigned No. 5062.
137070 - Greenwood/Hart
that proof of publication of notice of public hearing on F.Y. 2012 SECOR
Railroad Spur, Contract No. 794, as published in the Waterloo Courier on July
22, 2011, be received and placed on file. Voice vote -Ayes: Six. Absent:
Schmitt. Motion carried.
137071 - 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 and oral and written comments be received and placed
on file. Voice vote -Ayes: Six. Absent: Schmitt. Motion carried.
137072 - Greenwood/Hart
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with F.Y. 2012 SECOR Railroad Spur, Contract No. 794", be
adopted. Roll call vote -Ayes: Six. Absent: Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2011-741.
137073 - Greenwood/Hart
that "Resolution ordering construction in conjunction with F.Y. 2012 SECOR
Railroad Spur, Contract No. 794", be adopted. Roll call vote -Ayes: Six.
Absent: Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2011-742.
August 1, 2011 Page 5
137074 - Greenwood/Hart
to receive, file and instruct City Clerk to open and read bids and refer to City
Engineer for review:
Bidder
Bid Bond
Total Bid
Amount
Peterson Contractors Inc.
Box A
Reinbeck, IA 50669-0155
5%
$251,333.70
Reilly Construction Co., Inc.
P.O. Box 99
Ossian, IA 52161
5%
$271,508.00
Vieth Construction Corporation
6419 Nordic Drive
Cedar Falls, IA 50613
5%
$232,500.50
Voice vote -Ayes: Six. Absent: Schmitt. Motion carried.
RESOLUTIONS
137075 - Greenwood/Welper
that "Resolution approving Recommendation of Acceptance of Work and Final
Payment for work performed by Peters Construction Corporation of Waterloo, Iowa
at a total cost of $856,883.19 for the 2009 Waterloo Boathouse Project -Submitted
by Rick Curran, Leisure Services Facilities Manager", be adopted. Roll call
vote -Ayes: Six. Absent: Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2011-743
137076 - Greenwood/Welper
that "Resolution approving recommendation of award of bid to Captive Aire
Systems of Marion, Iowa in the amount of $37,396.45 for the Purchase of Public
Market Kitchen Hood (Equipment Only) -Submitted by Rick Curran, Leisure Services
Facilities Manager", be adopted. Roll call vote -Ayes: Six. Absent: Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2011-744.
137077 - Greenwood/Welper
that "Resolution approving Supplemental Agreement No. 1 with JDE Engineering in
an amount not to exceed $2,750.00 for additional professional services for F.Y.
2010 Downtown Wayfinding Signage, Contract No. 783; and authorize Mayor to
execute said document -Submitted by Jeff Bales, Associate Engineer", be adopted.
Roll call vote -Ayes: Six. Absent: Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2011-745.
137078 - Cole/Hart
that "Resolution approving City/State Federal -Aid Agreement for the utilization
of Surface Transportation Program funds in the amount of $1,320,000.00 with a
city match of $330,000.00 in conjunction with F.Y. 2012 East Donald Street
Improvements, Contract No. 797 -Submitted by Jeff Bales, Associate Engineer", be
adopted. Roll call vote -Ayes: Six. Absent: Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2011-746.
137079 - Cole/Hart
that "Resolution approving Completion of Project, Recommendation of Acceptance
of Work and Release of Retainage in the amount of $82,624.29 for work performed
by Cardinal Construction Co., Inc. of Waterloo, Iowa at a total cost of
$1,652,484.00 for Fire Station No. 8; and authorize Mayor to execute said
documents -Submitted by Craig Clark, Building Official/Maintenance
Administrator", be adopted. Roll call vote -Ayes: Six. Absent: Schmitt.
Councilperson Getty commented on his disappointment on the large amount of money
spent on the fire station.
Resolution adopted and upon approval by Mayor assigned No. 2011-747.
August 1, 2011
137080 - Cole/Hart
Page 6
that "Resolution approving Memorandum of Agreement with the Bureau of Alcohol,
Tobacco, Firearms and Explosives for reimbursement of overtime salary costs and
other costs; and authorize Director of Safety Services to execute said document -
Submitted by Daniel J. Trelka, Director of Safety Services", be adopted. Roll
call vote -Ayes: Six. Absent: Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2011-748.
137081 - Getty/Hart
that "Resolution approving Bonds and Certificate of Insurance with ATC
Associates, Inc. of Waterloo, Iowa for Asbestos Survey and Abatement Monitoring
Services Group 2 for the Public Assistance (PA) demolition activities of the
Hazard Mitigation Grant Program (HMGP) Property Acquisition Project -Submitted by
Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Six. Absent:
Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2011-749.
137082 - Getty/Hart
that "Resolution approving First Amendment to Contract
LLC of Mount Vernon, Iowa to authorize Change Order No
$2,400.00 for Demolition and Site Clearance Services
containing
demolition
Acquisition
materials)
activities
Project;
Group 1 in
of the Hazard
and authorize
connection with
Mitigation Grant
Mayor and City
document -Submitted by Aric Schroeder, City Planner",
vote -Ayes: Six. Absent: Schmitt.
with Kelly Demolition,
1 for a net increase of
(no regulated asbestos -
Public Assistance (PA)
Program (HMGP) Property
Clerk to execute said
be adopted. Roll call
Resolution adopted and upon approval by Mayor assigned No. 2011-750.
137083 - Getty/Hart
that "Resolution approving Second Amendment to Contract with Kelly Demolition,
LLC of Mount Vernon, Iowa to authorize Change Order No. 2 for a net increase of
$15,250.00 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
document -Submitted by Aric Schroeder, City Planner", be adopted. Roll call
vote -Ayes: Six. Absent: Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2011-751.
137084 - Getty/Hart
that "Resolution setting date of hearing as August 8, 2011 to approve adoption
of an Ordinance dividing the City of Waterloo into Wards and Precincts and
repealing Ordinance No. 4532; and instruct City Clerk to publish notice -
Submitted by Noel Anderson, Community Planning & Development Director", be
adopted. Roll call vote -Ayes: Six. Absent: Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2011-752.
ORDINANCES
137085 - Greenwood/Welper
that "an Ordinance amending the 2008 Traffic Code by adding a New Subsection
(572A) Hillcrest Road to Section 572, No Parking 7:00 a.m. to 4:00 p.m. During
School in conjunction with Restricting Parking on West side of 600 block of
Hillcrest Road while Hoover Middle School is in session", be received, placed on
file, considered and passed for the first time. Roll call vote -Ayes: Six.
Absent: Schmitt. Motion carried.
137086 - Greenwood/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six. Absent: Schmitt.
Motion carried.
7
August 1, 2011
137087 - Greenwood/Welper
Page 7
that "an Ordinance amending the 2008 Traffic Code by adding a New Subsection
(572A) Hillcrest Road to Section 572, No Parking 7:00 a.m. to 4:00 p.m. During
School", be considered and passed for the second and third times and adopted.
Roll call vote -Ayes: Six. Absent: Schmitt.
Ordinance adopted and upon approval by Mayor assigned No. 5063.
137088 - Hart/Cole
that "an Ordinance amending the Code of Ordinance of the City of Waterloo, Iowa,
by amending Section 2-10-1, Commission Created; and repealing Section 2-10-3,
Meetings in conjunction with Human Rights Ordinance Change of Requirements of
Number of Commission Members", be received, placed on file, considered and
passed for the first time. Roll call vote -Ayes: Six. Absent: Schmitt.
Motion carried.
137089 - Hart/Greenwood
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six. Absent: Schmitt.
Motion carried.
137090 - Hart/Greenwood
that "an Ordinance amending the Code of Ordinance of the City of Waterloo, Iowa,
by amending. Section 2-10-1, Commission Created; and repealing Section 2-10-3,
Meetings", be considered and passed for the second and third times and adopted.
Roll call vote -Ayes: Six. Absent: Schmitt.
Ordinance adopted and upon approval by Mayor assigned No. 5064.
137091 - Hart/Welper
that "an Ordinance amending the Code of Ordinance of the City of Waterloo, Iowa,
by amending Section 5-3-10, Complaint Procedures in conjunction with Human
Rights Ordinance Change of Required Number of Days to File a Complaint", be
received, placed on file, considered and passed for the first time. Roll call
vote -Ayes: Six. Absent: Schmitt. Motion carried.
137092 - Hart/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six. Absent: Schmitt.
Motion carried.
137093 - Hart/Welper
that "an Ordinance amending the Code of Ordinance of the City of Waterloo, Iowa,
by amending Section 5-3-10, Complaint Procedures", be considered and passed for
the second and third times and adopted. Roll call vote -Ayes: Six. Absent:
Schmitt.
Ordinance adopted and upon approval by Mayor assigned No. 5065.
OTHER COUNCIL BUSINESS
137094 - Getty/Hart
that Change Order No. 1 for a net increase of $68,860.00 for work performed KW
Electric Inc. of Cedar Falls, Iowa in conjunction with City Hall & Five Sullivan
Brothers Convention Center -Energy Efficient Lighting Project -Submitted by Craig
Clark, Building Official/Maintenance Administrator, be received, placed on file
and approved. Voice vote -Ayes: Six. Absent: Schmitt. Motion carried.
137095 - Getty/Hart
to instruct Traffic Operations Superintendent prepare specifications, bid
document, etc. in conjunction with Purchase of Green LED Traffic Signal Lights,
be approved. Voice vote -Ayes: Six. Absent: Schmitt. Motion carried.
137096 - Getty/Hart
that specifications, bid document, etc. in conjunction with Purchase of Green
LED Traffic Signal Lights, be received and placed on file. Voice vote -Ayes:
Six. Absent: Schmitt. Motion carried.
August 1, 2011
137097 - Getty/Hart
Page 8
that "Resolution preliminarily approving specifications, bid document, etc. in
conjunction with Purchase of Green LED Traffic Signal Lights", be adopted. Roll
call vote -Ayes: Six. Absent: Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2011-753.
137098 - Getty/Hart
that "Resolution setting date of hearing and bid opening as August 22, 2011 and
instruct City Clerk to publish notice of specifications, bid document, etc. and
taking of bids in conjunction with Purchase of Green LED Traffic Signal Lights",
be adopted. Roll call vote -Ayes: Six. Absent: Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2011-754.
ORAL PRESENTATIONS
None
137099 - Hart/Getty
that the council adjourn to Executive Session at 6:02 p.m. Roll call vote -Ayes:
Six. Absent: Schmitt. Motion carried.
City Attorney Jim Walsh stated that discussion of matters in litigation is an
approved topic of Executive Session pursuant to Iowa Code Section
21.5 (1) (c) (2007) and discussion of acquisition of property is an approved topic
of Executive Session pursuant to Iowa Code Section 21.5(1)(j)(2009).
EXECUTIVE SESSION
137100 - Hart/Cole
that the council adjourn Executive Session at 6:30 p.m. Voice vote -Ayes: Six.
Absent: Schmitt. Motion carried.
137101 - Hart/Cole
to proceed on both items. Voice vote -Ayes: Six. Absent: Schmitt. Motion
carried.
ADJOURNMENT
137102 - Hart/Cole
that the Council adjourn at 6:31 p.m. Voice vote -Ayes: Six. Absent: Schmitt.
Motion carried.
Carol Failor
`^^'v
Deputy City Clerk