HomeMy WebLinkAboutMinutes-08/08/2011August 8, 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 8, 2011. Mayor Ernest G. Clark
in the Chair. Roll Call: Cole, Getty, Jones, Schmitt, Welper, Hart. Absent:
Greenwood.
Moment of Silence.
Pledge of Allegiance: Daniel Trelka, Director of Safety Services.
137103 - Hart/Schmitt
that the Agenda, as amended by deleting item 1.b.4, for the Regular Session on
Monday, August 8, 2011, at 5:30 p.m., be accepted and approved. Voice vote -
Ayes: Six. Absent: Greenwood. Motion carried.
137104 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, August 1,
2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Absent:
Greenwood. Motion carried.
Mayor Clark recognized the August 2011 Team Member of the Month, Kenneth Schaaf.
Presentation of Optimist Baseball Character Counts Player of the Year to:
Christian Hellman, Aaron Heimbuck, Dallas Weber, Jaci Spencer, IJ Strien, Kaleb
Cox and Lexi Wroe.
Presentation of Optimist Baseball Character Counts Coach of the Year to: Tim
Pillack, Jason DeWitt, Mike Massina, Nick Massina, Lori Netty, John Thomas,
Ellen Battin, Scott Timmer, Joe Surma, John Gogola, Tyler Moran, Pete Supple and
Marvin Spencer.
CONSENT AGENDA
137105 - 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. 1-68, dated August 8, 2011, in
the amount of $3,894,974.64, 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. 2011-755.
2. Communication from Chief of Fire Services transmitting request to hold MDA
Boot Block on September 1-2, 2011 from 3:00 p.m. to 6:00 p.m. and on
September 3, 2011 from 1:00 p.m. to 4:00 p.m. at the intersections of
Franklin & E. 3rd Street; Ansborough & Downing; Kimball & Ridgeway; and
LaPorte Road & San Marnan-Submitted by Pat Treloar, Chief of Fire
Services.
Resolution adopted and upon approval by Mayor assigned No. 2011-756.
b. Motion to approve the following:
1. Motion to receive and file Mayor Clark's recommendation of the following
appointments:
Appointee
Board/Commission
Expiration Date
New or Re -
Appointment
Bob Justis
Airport Commission
June
30,
2013
New Appointment
N. Scott CrowleyWaterloo
Convention and
Visitors Bureau
June
30,
2014
New Appointment
Class C Beer License Permit Application
2. Metro Mart #4, 2332 Falls Avenue (New) (Expires 7/1/12) (Includes Sunday
Sales)
3. CVS/Pharmacy #8544, 2060 Crossroads (Transfer to 1825 E. San Marnan
effective 8/28/11)
August 8, 2011 Page 2
Class E Liquor License Permit Application
4. Metro Mart #4, 2332 Falls Avenue (New) (Expires 7/1/12) (Includes Sunday
Sales)
5. CVS/Pharmacy #8544, 2060 Crossroads (Transfer to 1825 E. San Marnan
effective 8/28/11)
Class B Wine License Permit Application
6. CVS/Pharmacy #8544, 2060 Crossroads (Transfer to 1825 E. San Marnan
effective 8/28/11)
Outdoor Service Area Application
7. Las Margaritas, 2822 University Avenue
8. Bonds
Roll call vote -Ayes: Six. Absent: Greenwood. Motion carried.
PUBLIC HEARINGS
137106 - Schmitt/Welper
that proof of publication of notice of public hearing on Waterloo Center For The
Arts Window Replacement, as published in the Waterloo Courier on July 22, 2011,
be received and placed on file. Voice vote -Ayes: Six. Absent: Greenwood.
Motion carried.
137107 - 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: Six. Absent: Greenwood. Motion
carried.
137108 - Schmitt/Welper
that "Resolution confirming approval of specifications, form of contract, etc.
in conjunction with Waterloo Center For The Arts Window Replacement", be
adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-757.
137109 - Schmitt/Welper
that "Resolution ordering construction in conjunction with Waterloo Center For
The Arts Window Replacement", be adopted. Roll call vote -Ayes: Six. Absent:
Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-758.
137110 - Schmitt/Welper
to receive, file and instruct City Clerk to open and read bids and refer to
Building Official/Maintenance Administrator for review:
Bidder
Bid
Security
Bid Amount
Don Gardner Construction
315 La Porte Road
Waterloo, Iowa 50702
5%
$147,574.00
Alternate - $31,400.00
Voice vote -Ayes: Six. Absent: Greenwood. Motion carried.
137111 - Getty/Schmitt
that proof of publication of notice of public hearing on Fire Station Concrete
Replacement & Repair Project, as published in the Waterloo Courier on July 7,
2011 and July 21, 2011, be received and placed on file. Voice vote -Ayes: Six.
Absent: Greenwood. Motion carried.
137112 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Getty/Schmitt
that the hearing be closed. Voice vote -Ayes: Six. Absent: Greenwood. Motion
carried.
August 8, 2011
137113 - Getty/Schmitt
that "Resolution confirming approval of specifications, form of contract, etc.
in conjunction with Fire Station Concrete Replacement & Repair Project", be
adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Page 3
Resolution adopted and upon approval by Mayor assigned No. 2011-759.
137114 - Getty/Schmitt
that "Resolution ordering construction in conjunction with Fire Station Concrete
Replacement & Repair Project", be adopted. Roll call vote -Ayes: Six. Absent:
Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-760.
137115 - Getty/Schmitt
to receive, file and instruct City Clerk to open and read bids and refer to
Building Official/Maintenance Administrator for review:
Bidder
Bid
Security
Bid
Category
Bid
Amount
B & B Builders & Supply
5728 Sierra Drive
Waterloo, Iowa 50701
5%
Concrete
$139,950.00
K Cunningham Construction Co, Inc.
1025 Center Street
Cedar Falls, Iowa 50613
5%
Concrete
$143,910.00
Stickfort Construction
PO Box 447
Hudson, Iowa 50643
5%
Earthwork
$46,200.00
Alternate -$3,000.00
Vieth Construction Corporation
6419 Nordic Drive
Cedar Falls, Iowa 50613
5%
Earthwork
$55,900.00
Alternate -$2,500.00
Voice vote -Ayes: Six. Absent: Greenwood. Motion carried.
137116 - Hart/Welper
that proof of publication of notice of public hearing on Adoption of an
Ordinance dividing the City of Waterloo into Wards and Precincts and repealing
Ordinance No. 4798 and 4532, as published in the Waterloo Courier on August 2,
2011, be received and placed on file. Voice vote -Ayes: Six. Absent:
Greenwood. Motion carried.
137117 - 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. Voice vote -Ayes: Six. Absent: Greenwood. Motion
carried.
137118 - Hart/Welper
that "an Ordinance dividing the City of Waterloo into Wards and Precincts and
repealing Ordinance No. 4798 and 4532, be received, placed on file, considered
and passed for the first time. Roll call vote -Ayes: Six. Absent: Greenwood.
Motion carried.
137119 - 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: Greenwood.
Motion carried.
Mayor Clark noted that it is necessary to establish the wards and precincts
every 10 years after the Census. The City of Waterloo boundaries for each ward
and precinct did not change.
Mr. Welper pointed out that this is done to ensure that each ward and precinct
has a similar amount of population.
August 8, 2011 Page 4
137120 - Hart/Welper
that "an Ordinance dividing the City of Waterloo into Wards and Precincts and
repealing Ordinance No. 4798 and 4532", be considered and passed for the second
and third times and adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Ordinance adopted and upon approval by Mayor assigned No. 5066.
RESOLUTIONS
137121 - Schmitt/Welper
that "Resolution approving renewal of property insurance with Chubb Insurance
for a total premium of $199,071.00, together with recommendation of approval of
Insurance Committee -Submitted by Suzy Schares, City Clerk", be adopted. Roll
call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-761.
137122 - Schmitt/Welper
that "Resolution authorizing the expenditure of $2,000.00 in seized and
forfeited monies to be used to conduct a pilot neighborhood watch patrol program
in identified neighborhoods -Submitted by Daniel J. Trelka, Director of Safety
Services", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-762.
137123 - Schmitt/Welper
that "Resolution approving submission of grant application to Black Hawk County
Gaming Association requesting $500,000.00 for funding renovation projects at the
Cedar River Youth Sports Complex; and authorize Mayor to execute said document -
Submitted by Paul Huting, Leisure Services Director", be adopted. Roll call
vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-763.
137124 - Cole/Hart
that "Resolution approving Equipment Usage Agreement Amendment with Black Hawk
County Soil and Water Conservation District to include an annual renew by date
of February 15 to the agreement for the Castle Hill and Pleasant Valley
Watershed Assessments; and authorize Mayor to execute said document -Submitted by
W. Wayne Castle, PLS, EI, Associate Engineer", be adopted. Roll call vote -Ayes:
Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-764.
137125 - Cole/Hart
that "Resolution approving submission of Resource Enhancement and Protection
(REAP) grant application to Iowa Department of Natural Resources requesting up
to $200,000.00 for Sherwood Park Recreation Area and Hartman Reserve Expansion;
and authorize Mayor and City Clerk to execute said document -Submitted by Aric
Schroeder, City Planner", be adopted. Roll call vote -Ayes: Six. Absent:
Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-765.
137126 - Cole/Hart
that "Resolution approving Memorandum of Understanding with Iowa Northland
Regional Council of Governments (INRCOG) in the amount of 1.5 percent of the
funds awarded, with a maximum of $2,000.00, if the application is successful,
for the writing, preparation and submittal of a Resource Enhancement and
Protection (REAP) grant application for Sherwood Park Recreation Area and
Hartman Reserve Expansion; and authorize Mayor and City Clerk to execute said
document -Submitted by Aric Schroeder, City Planner", be adopted. Roll call
vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-766.
August 8, 2011 Page 5
137127 - Welper/Schmitt
that "Resolution approving Contract for the Business Disaster Recovery Equipment
Reimbursement Assistance Program for Midtown Development at 501 Sycamore Street,
in the amount of $79,078.00; and authorize Mayor to execute said document -
Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes:
Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-767.
137128 - Welper/Schmitt
that "Resolution approving Contract for the Business Disaster Recovery Flood
Insurance Reimbursement Program for River Plaza Athletic Club at 10 W. 4th
Street, in the amount of $7,474.00; and authorize Mayor to execute said
document -Submitted by Aric Schroeder, City Planner", be adopted. Roll call
vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-768.
137129 - Welper/Schmitt
that "Resolution approving Contracts for the Disaster Recovery Expanded Business
Rental Assistance Program for: Fischels Music, Inc at 722 Commercial Street, in
the amount of $85,733.00; A & S Petroleum, Inc. at 127 Jefferson Street, in the
amount of $162,115.00; The Twin Sports Group, Inc. at 850 Park Road, in the
amount of $24,684.00; and for Viper Entertainment, Inc at 319 Jefferson Street,
in the amount of $77,616.00; and authorize Mayor to execute said documents -
Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes:
Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-769.
137130 - Welper/Schmitt
that "Resolution approving Contracts for Disaster Recovery Loan Interest
Supplement Program for: River Plaza Athletic Club at 10 W. 4th Street, in an
amount up to $57,610.00; and for Midtown Development at 501 Sycamore Street, in
an amount up to $97,373.00; and authorize Mayor to execute said documents -
Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes:
Six. Absent: Greenwood.
Ms. Cole asked how much longer this program would continue.
Noel Anderson, Community Planning and Development Director, noted that the
program has been expanded and it will be up to the State whether it continues.
The City is purely a pass through for the program funds.
Mr. Schmitt asked if the limit was expanded.
Noel Anderson, Community Planning and Development Director, said the limit has
been expanded and those questioning whether they are eligible should contact the
Planning Department.
Resolution adopted and upon approval by Mayor assigned No. 2011-770.
137131 - Getty/Cole
that "Resolution approving agreement with Iowa Department of Transportation for
Fiscal Year 2012 Commercial Service Vertical Infrastructure Program grant in the
amount of $103,021.00, with no required city match, to be used for
rehabilitation of hangars at the Waterloo Regional Airport; and authorize Mayor
to execute said document -Submitted by Bradley Hagen, Airport Director", be
adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-771.
137132 - Getty/Cole
that "Resolution approving request of Joshua Jebe for an encroachment agreement
to construct a retaining wall abutting the sidewalk in front of 813 Fairview
Avenue, extending 5 feet into the street right-of-way; and authorize Mayor and
City Clerk to execute said document -Submitted by Chris Western, Planner II", be
adopted. Roll call vote -Ayes: Four. Nay: Two (Jones, Welper). Absent:
Greenwood.
Mr. Welper reported that he drove by the property and does not feel there is a
need for the retaining wall.
Joshua Jebe, 813 Fairview Avenue, reported that the request would improve his
property and make it easier to maintain. He is disputing where the property line
is for the parcel. There are fences placed near the City sidewalk located on his
block.
August 8, 2011 Page 6
Mr. Jones expressed concern with the retaining wall abutting the sidewalk.
Noel Anderson, Community Planning and Development Director, noted that the
Planning and Zoning Commission recommended approval.
Resolution adopted and upon approval by Mayor assigned No. 2011-772.
137133 - Getty/Cole
that "Resolution setting date of hearing as August 22, 2011 to approve request
of Black Hawk Contracting & Development for a site plan amendment to the "R-1,
R -P" Planned Residence District for property generally described as the
southeast corner of Burton Avenue and Parker Street (former Lincoln School site)
for the development of 14 single family lots and new homes ranging in size from
1,237 sq. ft. to 1,270 sq. ft.; and instruct City Clerk to publish notice -
Submitted by Noel Anderson, Community Planning & Development Director", be
adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-773.
137134 - Schmitt/Welper
that "Resolution setting date of hearing as August 22, 2011 to approve request
of TNT Investments for Development Agreement and the sale and conveyance of
city -owned property located just west of the northwest corner of 18th Street and
Black Hawk Street for the construction of 6,600 sq. ft. of new industrial
storage buildings with a minimum taxable value of $190,000.00; and instruct City
Clerk to publish notice -Submitted by Noel Anderson, Community Planning &
Development Director", be adopted. Roll call vote -Ayes: Six. Absent:
Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-774.
137135 - Schmitt/Welper
that "Resolution setting date of hearing as August 22, 2011 to approve request
of TNJ Construction, LLC for Development Agreement and the sale and conveyance
of city -owned property located at the northwest corner of 18th Street and Black
Hawk Street for the construction of a new 6,200 sq. ft. office and industrial
building with a minimum taxable value of $220,000.00; and instruct City Clerk to
publish notice -Submitted by Noel Anderson, Community Planning & Development
Director", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-775.
OTHER COUNCIL BUSINESS
137136 - Schmitt/Welper
that Change Order No.1 for a net increase of $30,715.00 for work performed by
Allied Manatts Group LLC of Charles City, Iowa in , conjunction with
Rehabilitation of Apron Phase 3A at the Waterloo Regional Airport -Submitted by
Bradley Hagen, Airport Director, be received, placed on file and approved.
Voice vote -Ayes: Six. Absent: Greenwood. Motion carried.
ORAL PRESENTATIONS
Dwayne Eilers, expressed concern with the City donating the land adjacent to him
to the food bank.
Noel Anderson, Community Planning and Development Director, noted that the item
has went before the Planning Commission but it has not went before Council yet.
137137 - Cole/Hart
that the above oral comments be received and placed on file. Voice vote -Ayes:
Six. Absent: Greenwood. Motion carried.
ADJOURNMENT
137138 - Cole/Hart
that the Council adjourn at 6:18 p.m. Voice vote -Ayes: Six. Absent:
Greenwood. Motion carried.
Suzy Shares
City Clerk