HomeMy WebLinkAboutMinutes-12/05/2011December 5, 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, December 5, 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
137654 - Hart/Schmitt
that the Agenda, as amended deleting item #10, for the Regular Session on
Monday, December 5, 2011, at 5:30 p.m., be accepted and approved. Voice vote -
Ayes: Seven. Motion carried.
137655 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, November 21,
2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
Mayor Clark recognized the December Team Member of the Month, Cedric Hill.
CONSENT AGENDA
137656 - 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. 1-62, dated December 5, 2011, in
the amount of $4,200,774.53, 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. 2011-1101.
2. Request of Mark Cornwall for tax exemptions on improvements totaling
$10,000.00 for property located at 528 Adrian Street and located in the
Consolidated Urban Revitalization Area -Submitted by Christopher Western,
Planner II.
Resolution adopted and upon approval by Mayor assigned No. 2011-1102.
3. Request of Richard Mishler for tax exemptions on improvements totaling
$400,000.00 for property located at 1930 Osage Road and located in the
Consolidated Urban Revitalization Area -Submitted by Christopher Western,
Planner II.
Resolution adopted and upon approval by Mayor assigned No. 2011-1103.
4. 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:
Resolution adopted and upon approval by Mayor assigned No. 2011-1104.
Address
Amount to
certify
1806
Franklin Street
$3,800.00
Resolution adopted and upon approval by Mayor assigned No. 2011-1104.
December 5, 2011
b. Motion to approve the following:
1.
2.
Page 2
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Tina Schellhorn,
Electrical Foreman;
Brandon Hodgin,
Signal Tech II;
Roger Wooden,
Maintenance
Electrician
2011 Davenport
User's Group
Davenport,
Iowa
December
13-15,
2011
$765.00
Sergeant Hoelscher;
another WPD Bomb
Tech
Transportation of
Bomb Squad
Incendiary
Devices
Marion,
Arkansas
December
19-20,
2011
$516.00
Class C Liquor License Permit Application
3. Z's Restaurant & Lounge, 3937 W. Airline Highway (Renewal) (Expires
10/31/12)
4. Bonds
Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt abstained on the bill
payment to Schmitt Telecom in the amount of $975.00.
PUBLIC HEARINGS
137657 - Schmitt/Getty
that proof of publication of notice of public hearing on Demolition and Site
Clearance Contract No. 175-D-CDBG-12-12-11 - Former Van Eaton School located at
2170 Burton Avenue, as published in the Waterloo Courier on November 17, 2011,
be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
137658 - This being the time and place of public hearing, the Mayor called for written
and oral objection and there were none.
Schmitt/Welper
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
137659 - Schmitt/Welper
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with Demolition and Site Clearance Contract No. 175-D-CDBG-
12-12-11 - Former Van Eaton School located at 2170 Burton Avenue", be adopted.
Roll call vote -Ayes: Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2011-1105.
137660 - Schmitt/Welper
that "Resolution ordering construction in conjunction with Demolition and Site
Clearance Contract No. 175-D-CDBG-12-12-11 - Former Van Eaton School located at
2170 Burton Avenue", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1106.
•
December 5, 2011
137661- Schmitt/Welper
Page 3
to receive, file and instruct City Clerk to open and read bids and refer to
Community Development Director for review:
Bidder
Bid
Security
Bid Amount
Baker Concrete & Excavating
2203 E. Bremer Avenue
PO Box 277
Waverly, Iowa 50677
5%
$62,100.00
Benton's Sand & Gravel, Inc
905 Center Street
Cedar Falls, Iowa 50613-1407
5%
$28,555.00
Frickson Bros Excavating
737 Colleen Avenue
Evansdale, Iowa 50707
$3,695.00
$73,500.00
Lehman Trucking & Excavating, Inc.
1422 Ashland Avenue
Waterloo, Iowa 50703
5%
$43,700.00
Peterson Contractors Inc.
Box A
Reinbeck, Iowa 50669-0155
5%
$75,680.00
Stickfort Construction
PO Box 447
Hudson, Iowa 50643
5%
$34,500.00
Voice vote -Ayes: Seven. Motion carried.
137662 - Getty/Cole
that proof of publication of notice of public hearing on 2011 Riverview
Recreation Area Passive Unit Enhancement Phase II, Contract No. 815, as
published in the Waterloo Courier on November 22, 2011, be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
137663 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Getty/Cole
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
137664 - Getty/Cole
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with 2011 Riverview Recreation Area Passive Unit Enhancement
Phase II, Contract No. 815", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1107.
137665 - Getty/Cole
that "Resolution ordering construction in conjunction with 2011 Riverview
Recreation Area Passive Unit Enhancement Phase II, Contract No. 815", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1108.
December 5, 2011
137666 - Getty/Cole
Page 4
to receive, file and instruct City Clerk to open and read bids and refer to
Leisure Services Director for review:
Bidder
Bid
Security
Bid Amount
Baker Concrete & Excavating
2203 E. Bremer Avenue
PO Box 277
Waverly, Iowa 50677
5%
$144,524.00
K Cunningham Construction Co., Inc.
1025 Center Street
Cedar Falls, Iowa 50613
5%
$120,013.80
Peterson Contractors Inc.
Box A
Reinbeck, Iowa 50669-0155
5%
$114,500.00
Stickfort Construction
PO Box 447
Hudson, Iowa 50643
5%
$142,500.00
Vieth Construction Corporation
6419 Nordic Drive
Cedar Falls, Iowa 50613
5%
$133,899.70
Voice vote -Ayes: Seven. Motion carried.
137667 - Hart/Greenwood
that proof of publication of notice of public hearing on Amendment of the
Downtown Riverfront Urban Renewal and Redevelopment Plan and Expansion of the
Plan Area and Tax Increment Financing '(TIF) District, as published in the
Waterloo Courier on November 29, 2011, be received and placed on file. Voice
vote -Ayes: Seven. .Motion carried.
137668 - 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 recommendation of approval of the Planning,
Programming and Zoning Commission be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
137669 - Hart/Greenwood
that "Resolution determining an area of the City to be an area of slum and
blight and an economic development area, designating said area as appropriate
for an urban renewal project, and approving amendment no. 4 to said plan in
conjunction with Amendment of the Downtown Riverfront Urban Renewal and
Redevelopment Plan and Expansion of the Plan Area and Tax Increment Financing
(TIF) District", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1109.
137670 - Hart/Greenwood
that "an Ordinance providing that general property taxes levied and collected
each year on all property located within the newly expanded Downtown Riverfront
Urban Renewal and Redevelopment Area, in the City of Waterloo, County of Black
Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of
Waterloo, County of Black Hawk, Waterloo Community School District and other
taxing districts, be paid to a special fund for payment of principal and
interest on loans, monies advanced to and indebtedness, including bonds issued
or to be issued, incurred by said City in connection with said Urban Renewal and
Redevelopment Project in conjunction with Amendment of the Downtown Riverfront
Urban Renewal and Redevelopment Plan and Expansion of the Plan Area and Tax
Increment Financing (TIF) District", be received, placed on file, considered and
passed for the first time. Roll call vote -Ayes: Seven. Motion carried.
137671 - Hart/Greenwood
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
December 5, 2011 Page 5
137672 - Hart/Greenwood
that "an Ordinance providing that general property taxes levied and collected
each year on all property located within the newly expanded Downtown Riverfront
Urban Renewal and Redevelopment Area, in the City of Waterloo, County of Black
Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of
Waterloo, County of Black Hawk, Waterloo Community School District and other
taxing districts, be paid to a special fund for payment of principal and
interest on loans, monies advanced to and indebtedness, including bonds issued
or to be issued, incurred by said City in connection with said Urban Renewal and
Redevelopment Project", be considered and passed for the second and third times
and adopted. Roll call vote -Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 5085.
RESOLUTIONS
137673 - Welper/Hart
that "Resolution approving agreement with American Red Cross to use Veterans
Memorial Hall in case of emergency or disaster, together with recommendation of
Memorial Hall Commission -Submitted by Suzy Schares, City Clerk", be adopted.
Roll call vote -Ayes: Seven.
Suzy Schares, City Clerk, noted that this has been done in the past and is an
annual agreement.
Noel Anderson, Community Planning and Development Director, reported that this
location is included in the Emergency Management Plan.
Resolution adopted and upon approval by Mayor assigned No. 2011-1110.
137674 - Welper/Hart
that "Resolution approving 2012 Budget of the Waterloo Water Works; and
authorize City Clerk to file said documents with the Black Hawk County Auditor -
Submitted by Dennis Clark, General Manager of Waterloo Water Works", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1111.
137675 - Welper/Hart
that "Resolution approving Subcontract Agreement with Helping Services for
Northeast Iowa, Inc. for an amount not to exceed $1,800.00 for compliance checks
in conjunction with the Enforcement of Underage Drinking; and authorize Director
of Safety Services to execute said agreement -Submitted by Daniel J. Trelka,
Director of Safety Services", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1112.
137676 - Cole/Hart
that "Resolution approving final acceptance and release of final payment of work
performed by Prairie Construction Co., Inc. of Waterloo, Iowa at a total cost of
$79,290.00 in conjunction with 2011 Public Market Window Replacement and New
Vestibules -Submitted by Rick Curran, Leisure Services Facilities Manager", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1113.
137677 - Cole/Hart
that "Resolution approving Completion of Project and Recommendation of
Acceptance of Work performed by Story Construction Co. of Ames, Iowa, Iowa at a
total cost of $719,737.00 in conjunction with F.Y. 2010 E. Sixth Street Storm
Pump Station Improvements, Contract No. 716, and receive and file two-year
maintenance bond -Submitted by Eric Thorson, P.E., City Engineer", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1114.
December 5, 2011 Page 6
137678 - Cole/Hart
that "Resolution approving Enterprise Zone Program Agreement with Skogman Homes
for the construction of new single family homes in the Hummingbird Circle area;
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.
Mayor Clark noted that it is exciting to see new development in the City. He
attributes the CLURA for part of the movement.
Resolution adopted and upon approval by Mayor assigned No. 2011-1115.
137679 - Hart/Cole
that "Resolution approving request of Liberty Bank F.S.B. for an Encroachment
Agreement to allow for the construction of an 8' X 18' sign in the right of way
of Nicki Street; and authorize Mayor and City Clerk to execute said document -
Submitted by Noel Anderson, Community Planning & Development Director", be
adopted. Roll call vote -Ayes: Six. Nays: One (Getty).
Mr. Getty expressed concern with the safety of the location of the sign.
Noel Anderson, Community Planning and Development Director, explained the sign
location has been studied and is thought to be safe.
Resolution adopted and upon approval by Mayor assigned No. 2011-1116.
137680 - Hart/Cole
that "Resolution approving Enterprise Zone Agreement with TEJ & TJJ, LLC for the
rehabilitation of 5 single family units located in the Church Row Neighborhood;
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.
Noel Anderson, Community Planning and Development Director, reported this is an
enterprise zone agreement and is a state incentive program that gives housing
developers the ability for new construction or rehabilitation of homes in the
City of Waterloo. They get back the local option sales tax of 5 cents on the
dollar paid for construction costs and a 10 percent investment tax credit that
they can receive through the enterprise zone. When the Council expanded the zone
a few years back it was put to the maximum limit allowed and this has allowed
more rehabilitation.
Resolution adopted and upon approval by Mayor assigned No. 2011-1117.
137681 - Hart/Cole
that "Resolution approving Enterprise Zone Agreement with Green Development for
the rehabilitation of 4 homes moved from Highway 63 to the 300 and 600 blocks of
Cottage Street, 800 block of Beech Street and the 300 block of Iowa Street; 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.
Mayor Clark noted that he is disappointed in the developer or mover due to the
fact that the house is still sitting on the blocks and the City is aware of it.
Resolution adopted and upon approval by Mayor assigned No. 2011-1118.
ORDINANCES
137682 - Greenwood/Schmitt
that "an Ordinance amending the 2008 Traffic Code by Enacting a New Section
571B, No Parking 7:00 a.m. to 3:00 p.m. during school in conjunction with
Ordinance Change - No Parking Along the North Side of the 600 and 700 blocks of
Lime Street from 7:00 a.m. to 3:00 p.m. During School", be received, placed on
file, considered and passed for the first time. Roll call vote -Ayes: Seven.
Motion carried.
137683 - Greenwood/Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
December 5, 2011 Page 7
137684 - Greenwood/Schmitt
that "an Ordinance amending the 2008 Traffic Code by Enacting a New Section
571B, No Parking 7:00 a.m. to 3:00 p.m. during school", be considered and passed
for the second and third times and adopted. Roll call vote -Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 5086.
137685 - Cole/Getty
that "an Ordinance Establishing Grades in the City of Waterloo in conjunction
with the F.Y. 2012 Sidewalk Repair Assessment Program - Zone 1, Contract No.
811", be received, placed on file, considered and passed for the first time.
Roll call vote -Ayes: Seven. Motion carried.
Eric Thorson, City Engineer, reported that this was the first zone and is
starting over for the third time.
137686 - Cole/Getty
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
137687 - Cole/Greenwood
that "an Ordinance Establishing Grades in the City of Waterloo in conjunction
with the F.Y. 2012 Sidewalk Repair Assessment Program - Zone 1, Contract No.
811", be considered and passed for the second and third times and adopted. Roll
call vote -Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 5087.
137688 - Hart/Greenwood
that "an Ordinance Establishing Grades in the City of Waterloo in conjunction
with the F.Y. 2012 Sidewalk Block Grant Repair Assessment Program - Zone 1,
Contract No. 812", be received, placed on file, considered and passed for the
first time. Roll call vote -Ayes: Seven. Motion carried.
137689 - Hart/Greenwood
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
137690 - Hart/Greenwood
that "an Ordinance Establishing Grades in the City of Waterloo in conjunction
with the F.Y. 2012 Sidewalk Block Grant Repair Assessment Program - Zone 1,
Contract No. 812", be considered and passed for the second and third times and
adopted. Roll call vote -Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 5088.
OTHER COUNCIL BUSINESS
137691 - Cole/Hart
that Change Order No. 3 for a net increase of $70,922.00 for work performed by
Prairie Construction Co, Inc. of Waterloo, Iowa in conjunction with F.Y. 2011
Mark's Park Play Area and Performance Structure, Contract No. 773 -Submitted by
Jamie Knutson, P.E., Associate Engineer, be received, placed on file and
approved. Voice vote -Ayes: Seven. Motion carried.
Mr. Jones asked if the repair to the rubberized play surface was due to
vandalism.
Paul Huting, Leisure Services Director, reported that children walked through
the. service before it was dry so it needed to be done to remove the foot prints.
137692 - Cole/Hart
that submission of a Waterloo Hotel/Motel Tax grant application in the amount of
$41,470.00 to be used for Mark's Park amphitheater advertising and entertainment
costs -Submitted by Cammie Scully, Director of Cultural & Arts, be approved.
Voice vote -Ayes: Seven. Motion carried.
December 5, 2011 Page 8
137693 - Greenwood/Schmitt
that "Resolution setting date of hearing as December 19, 2011 to approve request
of Redonna Parker to vacate, sell and convey an approximate 120 foot long
portion of public alley located behind the home at 624 Adams Street generally
located in Block 8 of Rose Hill Addition for $406.00 for the purpose of closing
a portion of the alley and incorporating the area into the applicant's rear
yard; and instruct City Clerk to publish notice -Submitted by Aric Schroeder,
City Planner", be adopted. Roll call vote -Ayes: Seven.
Noel Anderson, Community Planning and Development Director, noted that the
Building and Grounds Committee and the Planning Commission is recommending
denial.
Resolution adopted and upon approval by Mayor assigned No. 2011-1119.
137694 - Greenwood/Schmitt
that "Resolution setting date of hearing as December 19, 2011 to approve request
of Arlin Zevenbergen to vacate, sell and convey a portion of Edgemont Avenue
located between Cataract Avenue and Park Lane, with a portion to be conveyed to
Arlin Zevenbergen for $16,263.83 and a portion to be conveyed to MKW Apartments
LLC for $1.00 and enter into a development agreement, subject to the retention
of a utility easement over certain portions and subject to certain conditions;
and instruct City Clerk to publish notice -Submitted by Aric Schroeder, City
Planner", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1120.
137695 - Greenwood/Schmitt
that "Resolution setting date of hearing as December 12, 2011 for approval of an
Exchange Agreement, Assignment of Offer to Buy Real Estate and Acceptance,
authorization for the acquisition and sale (exchange) of land with L and H Farms
in the amount of $750,000.00 plus up to $10,000.00 in closing costs; and
instruct City Clerk to publish notice -Submitted by Noel Anderson, Community
Planning & Development Director", be adopted. Roll call vote -Ayes: Six. Nays:
One (Getty).
Mr. Getty expressed concern with the price per acre and asked if there is a
development agreement.
Noel Anderson, Community Planning and Development Director, noted that the City
has entered into an exchange agreement with L&H Farms for approximately 150
acres on the south side of Highway 20 and East of Ansborough. That area is
designated as a business park for the long-term growth of Waterloo. L&H is a
farming organization and when they buy land in the County, the City exchanges
land and pays them at a 3.21:1 ratio. This land is paid for using the TIF
District funds. The small parcels of land that were purchased for the Ansborough
interchange was appraised at approximately $20,000.
Jim Walsh, City Attorney, stated that VGM paid $45,000 per acre for their
property.
Mayor Clark agrees that the price is high but the City needs the land for the
economic development of that corridor and the agreement was entered into a
couple years ago.
Resolution adopted and upon approval by Mayor assigned No. 2011-1121.
137696 - Cole/Hart
to instruct Public Works Director to prepare specifications, bid document, etc.
in conjunction with Purchase of One (1) 2012 Bandit Wood Chipper, Model 1990XP
for Leisure Services Department, be approved. Voice vote -Ayes: Seven. Motion
carried.
137697 - Cole/Hart
that specifications, bid document, etc. in conjunction with Purchase of One (1)
2012 Bandit Wood Chipper, Model 1990XP for Leisure Services Department, be
received and placed on file. Voice vote -Ayes: Seven. Motion carried.
December 5, 2011 Page 9
137698 - Cole/Hart
that "Resolution preliminarily approving specifications, bid document, etc. in
conjunction with Purchase of One (1) 2012 Bandit Wood Chipper, Model 1990XP for
Leisure Services Department", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1122.
137699 - Cole/Hart
that "Resolution setting date of hearing as December 12, 2011 and instruct City
Clerk to publish notice of specifications, bid document, etc. in conjunction
with Purchase of One (1) 2012 Bandit Wood Chipper, Model 1990XP for Leisure
Services Department", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1123.
ORAL PRESENTATIONS
137700 - Hart/Cole
that the council adjourn to Executive Session at 6:18 p.m. Roll call vote -Ayes:
Seven. Motion carried.
City Attorney Jim Walsh stated that discussion of labor contract negotiations
is an approved topic of Executive Session pursuant to Iowa Code Section
20.17(3)(2001) 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
137701 - Hart/Schmitt
that the council adjourn Executive Session at 7:45 p.m. Voice vote -Ayes:
Seven. Motion carried.
137702 - Hart/Schmitt
motion to proceed. Voice vote -Ayes: Seven. Motion carried.
ADJOURNMENT
137703 - Hart/Schmitt
that the Council adjourn at 7:45 p.m. Voice vote -Ayes: Seven. Motion carried.
Suzy Soh' res
City Clerk