HomeMy WebLinkAboutMinutes-08/15/2011August 15, 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 15, 2011. Mayor Ernest G.
Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Dennis Clark, Waterloo Water Works General Manager.
137139 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, August 15,
2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
137140 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, August 8,
2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
137141 - 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. 1-78, dated August 15, 2011, in
the amount of $3,439,801.16, 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. 2011-776.
2. Request of Matt Boyd for a variance to the Noise Ordinance on Saturday,
August 27, 2011 and Sunday, August 28, 2011 from 12:00 p.m. to 10:00 p.m.
in conjunction with North End Arts and Music Fest event to be held at
Jubilee United Methodist located along East 4th Street, Newell Street and
Quincy Street including live bands and the use of a PA system, together
with recommendation of approval of Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2011-777.
3. Request of organizers of Thunder in the Valley Air Show to close Wagner
Road from Dunkerton Road to Airline Highway and Midport Boulevard from
Airline Highway to road's end on Friday, August 26, 2011 through Sunday
August 28, 2011 from 7:00 a.m. to 5:00 p.m. -Submitted by Daniel J. Trelka,
Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2011-778.
b. Motion to approve the following:
1.
2.
3.
Travel Requests
Name & Title
of Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Mike Bown,
Air Service.
Consultant
Travel to
Waterloo to
attend meetings
with Airport
Board, Mayor,
GCVA or as
needed by
airport
Waterloo,
Iowa from
Minneapolis,
Minnesota
June 2011
through
October
2011
$800.00
Captain
Mohlis
Microsoft Excel
Mason City,
Iowa
August 23-
24, 2011
$388.00
Investigator
Galbraith
Narcoterrorism &
Islamic
Terrorist Threat
Johnston,
Iowa
August 15-
17, 2011
$155.00
August 15, 2011
4.
5.
Page 2
Michelle
Weidner,
Chief
Iowa League of
Cities annual
conference
Coralville,
Iowa
September
22, 2011
$380.00
Financial
Heating, Ventilation,
Conditioning Board
Licensing and Appeals
Air
for
August
15,
Officer;
Re -Appointment
John Gadow
Heating, Ventilation,
Conditioning Board
Licensing and Appeals
Air
for
Suzy
15,
2014
Re -Appointment
Jack Meyers
Schares,
Air
for
August
15,
2014
City Clerk
Leslie Reese
Heating, Ventilation,
Conditioning Board
Licensing and Appeals
Air
for
August
Mayor Buck
Clark
Iowa League of
Cities annual
conference
Coralville,
Iowa
September
20-23,
2011
$410.16
6. Recommendation of appointment of Ryan Anderson to the position of Sewer
Maintenance Worker, effective August 29, 2011 -Submitted by Larry N. Smith,
Waste Management Services Superintendent
7. Motion to receive and file Mayor Clark's recommendation of the following
appointments:
Appointee
Board/Commission
Expiration Date
New or Re -
Appointment
Toby Teare
Heating, Ventilation,
Conditioning Board
Licensing and Appeals
Air
for
August
15,
2014
Re -Appointment
John Gadow
Heating, Ventilation,
Conditioning Board
Licensing and Appeals
Air
for
August
15,
2014
Re -Appointment
Jack Meyers
Heating, Ventilation,
Conditioning Board
Licensing and Appeals
Air
for
August
15,
2014
Re -Appointment
Leslie Reese
Heating, Ventilation,
Conditioning Board
Licensing and Appeals
Air
for
August
15,
2014
New Appointment
Brent Waskow
Heating, Ventilation,
Conditioning Board
Licensing and Appeals
Air
for
August
15,
2014
New Appointment
Class C Beer License Permit Application
8. Smoker's Choice, 210 W. 18th Street (Renewal) (Expires 6/7/12)
9. Metro 66 #1, 3201 W. 4th Street (Renewal) (Expires 6/30/12) (Includes
Sunday Sales)
Class C Liquor License Permit Application
10.Park Road Inn, 306 Park Road (Renewal) (Expires 6/30/12) (Includes Sunday
Sales)
11.Casey's Pub & Eatery, 1125 W. Donald Street (Renewal) (Expires 7/31/12)
(Includes Sunday Sales)
Outdoor Service Area Application
12.Casey's Pub & Eatery, 1125 W. Donald Street
Outdoor Cafe/Beer Garden/Smoker's Garden Application
13.Newton's Paradise Cafe, 128 E. 4th Street
14.Cottonwood Canyon, 218 E. 4th Street
15.E1 Patron Family Mexican Restaurant, 301 E. 4th Street
Roll call vote -Ayes: Seven. Motion carried.
ASSESSMENT HEARINGS
137142 - Schmitt/Hart
that proof of publication of notice of public hearing on F.Y. 2012 Sidewalk
Repair Assessment Program - Zone 1, Contract No. 811, as published in the
Waterloo Courier on July 28, 2011 and August 4, 2011, be received and placed on
file. Voice vote -Ayes: Seven. Motion carried.
137143 - This being the time and place of public hearing, the Mayor called for written
and oral objections. There is one written objection on file
Dan McGowan, 2672 Logan Ave., expressed concern with the sidewalk at 1050 Conger
Avenue, in front of Conger Street Church, due to a tree raising the sidewalk. He
has requested that the tree be removed. Several pieces of the sidewalk have been
damaged due to a contractor driving on the sidewalk.
August 15, 2011 Page 3
Eric Thorson, City Engineer, stated that the City has made contact with the
contractor to have the pieces replaced.
Paul Huting, Leisure Services Director, will have staff look at this particular
tree.
Judy Fischer, 904 Riverside, spoke in opposition to the assessment to her
property. She requested that someone from the City look the sidewalk. City staff
will follow up.
Donna and Morris Anderson, 710 Broadway, New Hope Baptist Church, stated the
repairs to the sidewalk have been completed by Mr. Leroy Harrington. Staff will
follow up.
Jack Hayes, 700 Riverside Drive, has 7 properties and had a total amount of
assessment in the amount of $13,249.00. Expressed concern with the sidewalks due
to them being plowed and driven on. He reported the snowplows are destroying the
gutters. The gutters are disintegrating. He suggested feathering from the
sidewalk to the gutters with asphalt or epoxy until the gutters are replaced.
Karen Carter, 1025 Burton Ave., expressed concern with the assessment due to a
tree damaging the sidewalk. Staff will follow up.
Matt Nelson, 1309 Grandview Avenue, expressed concern with the assessment and
reported removing a tree to solve the sidewalk issue. He did not pull a permit
for removing the tree.
Mr. Getty expressed concern with the Chautauqua Park sidewalk assessments due to
the curb and gutters being in disrepair.
Eric Thorson, City Engineer, reported that the curbs couldn't be repaired
without repairing the gutters. When the street is reconstructed the curbs and
gutters can be replaced.
Mayor Clark expressed concern with the area and reported that the City will be
looking into how to fix the problem.
Mr. Greenwood expressed concern with the curb and gutters deterioration.
Schmitt/Hart
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
137144 - Schmitt/Hart
that "Resolution to adopt Proposed Resolution of Necessity, as proposed or
amended in conjunction with F.Y. 2012 Sidewalk Repair Assessment Program - Zone
1, Contract No. 811", be adopted. Roll call vote -Ayes: Six. Nays: One (Getty)
Resolution adopted and upon approval by Mayor assigned No. 2011-779.
137145 - Greenwood/Schmitt
that proof of publication of notice of public hearing on F.Y. 2012 Sidewalk
Block Grant Repair Assessment Program - Zone 1, Contract No. 812, as published
in the Waterloo Courier on July 28, 2011 and August 4, 2011, be received and
placed on file. Voice vote -Ayes: Seven. Motion carried.
137146 - 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. Voice vote -Ayes: Seven. Motion carried.
137147 - Greenwood/Schmitt
that "Resolution to adopt Proposed Resolution of Necessity, as proposed or
amended in conjunction with F.Y. 2012 Sidewalk Block Grant Repair Assessment
Program - Zone 1, Contract No. 812", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-780.
August 15, 2011 Page 4
PUBLIC HEARINGS AND BIDS
137148 - Welper/Hart
that proof of publication of notice of public hearing on F.Y. 2012 Sidewalk
Repair Assessment Program - Zone 1, Contract No. 811, as published in the
Waterloo Courier on August 2, 2011, be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
137149 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Welper/Hart
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
137150 - Welper/Hart
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with F.Y. 2012 Sidewalk Repair Assessment Program - Zone 1,
Contract No. 811", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-781.
137151 - Welper/Hart
that "Resolution ordering construction in conjunction with F.X. 2012 Sidewalk
Repair Assessment Program - Zone 1, Contract No. 811", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-782.
137152 - Welper/Hart
to receive, file and instruct City Clerk to open and read bids and refer to City
Engineer for review:
Bidder
Bid
Security
Bid Amount
B & B Builders & Supply
5728 Sierra Drive
Waterloo, Iowa 50701
5%
$305,643.60
Voice vote -Ayes: Seven. Motion carried.
137153 - Getty/Hart
that proof of publication of notice of public hearing on F.Y. 2012 Sidewalk
Block Grant Repair Assessment Program - Zone 1, Contract No. 812, as published
in the Waterloo Courier on August 2, 2011, be received and placed on file.
Voice vote -Ayes: Seven. Motion carried.
137154 - 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. Voice vote -Ayes: Seven. Motion carried.
137155 - Getty/Hart
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with F.Y. 2012 Sidewalk Block Grant Repair Assessment
Program - Zone 1, Contract No. 812", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-783.
137156 - Getty/Hart
that "Resolution ordering construction in conjunction with F.Y. 2012 Sidewalk
Block Grant Repair Assessment Program - Zone 1, Contract No. 812", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-784.
August 15, 2011
137157 - Getty/Hart
Page 5
to receive, file and instruct City Clerk to open and read bids and refer to City
Engineer for review:
Bidder
Bid
Security
Bid Amount
B & B Builders & Supply
5728 Sierra Drive
Waterloo, Iowa 50701
5%
$77,056.85
Voice vote -Ayes: Seven. Motion carried.
RESOLUTIONS
137158 - Schmitt/Welper
that `Resolution approving agreement with Iowa Department of Transportation for
Fiscal Year 2012 Air Service Development Program grant in the amount of
$28,000.00, with a 20 percent required city match, to be used for air service
consulting and marketing for Waterloo Regional Airport; and authorize Mayor to
execute said document -Submitted by Bradley Hagen, Airport Director", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-785.
137159 - Schmitt/Welper
that "Resolution approving request of Community Planning & Development Staff to
waive the City of Waterloo's right to review a proposed subdivision of
Delegardelle Properties LLC located within 2 miles of the Waterloo city limits
generally located within unincorporated Washburn -Submitted by Aric Schroeder,
City Planner", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-786.
137160 - Schmitt/Welper
that "Resolution approving recommendation of award of contract to Vieth
Construction Corporation of Cedar Falls, Iowa in the amount of $232,136.50 for
F.Y. 2012 SECOR Railroad Spur, Contract No. 794 -Submitted by Jeff Bales,
Associate Engineer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-787.
137161 - Cole/Hart
that "Resolution approving Contract, Bonds and Certificate of Insurance with
Vieth Construction Corporation of Cedar Falls, Iowa in the amount of $232,136.50
for F.Y. 2012 SECOR Railroad Spur, Contract No. 794; and authorize Mayor and
City Clerk to execute said documents -Submitted by Jeff Bales, Associate
Engineer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-788.
137162 - Cole/Hart
that "Resolution approving Supplemental Agreement No. 1 with AECOM in the amount
of $26,700.00 for additional professional services for F.Y. 2012 SECOR Railroad
Spur, Contract No. 794 -Submitted by Jeff Bales, Associate Engineer", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-789.
137163 - Hart/Schmitt
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: Seven.
Mayor Buck Clark reported that the item will be reconsidered due to a motion to
reconsider being made by Mr. Getty and seconded by Mrs. Cole at the Thursday,
August 11, 2011 agenda meeting.
Joshua Jebe, 813 Fairview Avenue, provided pictures of properties in the
neighborhood that have the same type of landscaping that the Jebe's are
proposing.
August 15, 2011 Page 6
Mr. Welper applauded the Jebe's for trying to improve their property but
expressed concern with the fact that the project was started prior to gaining
approval to construct the retaining wall. He did not feel the property warrant a
four feet retaining wall.
Joshua Jebe, reported that the retaining wall would only be a 24 inches tall. He
reported that the process to get approval started in May and the ability to get
the wall constructed during the summer is passing. The question as to where the
property line is located is still pending.
Noel Anderson, Community Planning and Development Director, reported that the
City is still reviewing the facts and staff believes the property line is
approximately five feet from the sidewalk.
Ms. Cole asked if the staff and Planning Commission recommended approval.
Noel Anderson,' Community Planning and Development Director, reported that both
staff and the Planning Commission did recommend approval.
Mr. Getty expressed concern with the project being started prior to receiving
authorization.
Forest Dillavou spoke in support of the encroachment agreement.
Resolution adopted and upon approval by Mayor assigned No. 2011-790.
137164 - Schmitt/Hart
to instruct Public Works Director to prepare specifications, bid document, etc.
in conjunction with Purchase of One (1) New Chipper Truck with Aerial Unit for
Parks Department, be approved. Voice vote -Ayes: Seven. Motion carried.
137165 - Schmitt/Hart
that specifications, bid document, etc. in conjunction with Purchase of One (1)
New Chipper Truck with Aerial Unit for Parks Department, be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
137166 - Schmitt/Hart
that "Resolution preliminarily approving specifications, bid document, etc. in
conjunction with Purchase of One (1) New Chipper Truck with Aerial Unit for
Parks Department", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-791.
137167 - Schmitt/Hart
that "Resolution setting date of hearing and bid opening as September 12, 2011
and instruct City Clerk to publish notice of specifications, bid document, etc.
and taking of bids in conjunction with Purchase of One (1) New Chipper Truck
with Aerial Unit for Parks Department", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-792.
137168 - Hart/Getty
to instruct Leisure Services Director to prepare plans, specifications, bid
document, etc. in conjunction with Purchase of One (1) 2012 Backhoe with
Attachments, be approved. Voice vote -Ayes: Seven. Motion carried.
137169 - Hart/Getty
that plans, specifications, bid document, etc. in conjunction with Purchase of
One (1) 2012 Backhoe with Attachments, be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
137170 - Hart/Getty
that "Resolution preliminarily approving plans, specifications, bid document,
etc. in conjunction with Purchase of One (1) 2012 Backhoe with Attachments", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-793.
August 15, 2011 Page 7
137171 - Hart/Welper
that "Resolution setting date of hearing and bid opening as September 6, 2011
and instruct City Clerk to publish notice of plans, specifications, bid
document, etc. and taking of bids in conjunction with Purchase of One (1) 2012
Backhoe with Attachments", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-794.
137172 - Hart/Getty
to instruct Leisure Services Director to prepare plans, specifications, form of
contract, etc. in conjunction with 2011 Cedar River Youth Sports Complex Fencing
Project, be approved. Voice vote -Ayes: Seven. Motion carried.
137173 - Hart/Getty
that plans, specifications, form of contract, etc. in conjunction with 2011
Cedar River Youth Sports Complex Fencing Project, be received and placed on
file. Voice vote -Ayes: Seven. Motion carried.
137174 - Hart/Getty
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with 2011 Cedar River Youth Sports Complex Fencing
Project", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-795.
137175 - Hart/Welper
that "Resolution setting date of hearing and bid opening as September 6, 2011
and instruct City Clerk to publish notice of plans, specifications, form of
contract, etc. in conjunction with 2011 Cedar River Youth Sports Complex Fencing
Project", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-796.
ORAL PRESENTATIONS
John Sherbon, 1715 Robin Road, expressed concern with the street not being
completed. It was prepped for being resurfacing in April and has not been
completed.
. Mr. Getty, reported that he has looked into this matter and the there are so
many components such as storm water etc that have to be completed by
subcontractors prior to finishing the project.
Eric Thorson, City Engineer, agreed with Mr. Getty and said there are many
different sub -contractors and many of them are also working on the recon
projects. He will check on the schedule.
137176 - Hart/Welper
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
137177 - Hart/Welper
that the Council adjourn at 6:27 p.m. Voice vote -Ayes: Seven. Motion carried.
Suzy S h res
City Clerk