HomeMy WebLinkAboutMinutes-12/12/2011December 12, 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 12, 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.
137704 - Hart/Schmitt
that the Agenda, as amended changing the property description to item #3, and
adding the vacating ordinance to item #10 , for the Regular Session on Monday,
December 12, 2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes:
Seven. Motion carried.
137705 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, December 5,
2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
137706 - 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. 1-107, dated December 12, 2011,
in the amount of $2,932,102.34, 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. 2011-1124.
2. Request of Iowa Habitat for Humanity for tax exemptions on improvements
totaling $79,000.00 for property located at 4909 Fostoria Drive and
located in the Consolidated Urban Revitalization Are -Submitted by
Christopher Western, Planner II.
Resolution adopted and upon approval by Mayor assigned No. 2011-1125.
3. Request of Iowa Habitat for Humanity for tax exemptions on improvements
totaling $80,000.00 for property located at 209 Ash Street and located in
the Consolidated Urban Revitalization Are -Submitted by Christopher
Western, Planner II.
Resolution adopted and upon approval by Mayor assigned No. 2011-1126.
4. Request of Iowa Habitat for Humanity for tax exemptions on improvements
totaling $79,000.00 for property located at 730 Knoll Avenue and located
in the Consolidated Urban Revitalization Are -Submitted by Christopher
Western, Planner II.
Resolution adopted and upon approval by Mayor assigned No. 2011-1127.
b. Motion to approve the following:
1.
Travel Requests
Name & Title
of Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Sergeant
Hoelscher;
Officer Bram
Advanced
Electronics
Course
Des Moines,
Iowa
January
9-13,
2012
$867.00
December 12, 2011 Page 2
2. Recommendation of appointment of Sheryl Akin to the position of Legal
Assistant Secretary, effective December 13, 2011 -Submitted by James Walsh,
City Attorney
Class C Beer License Permit Application
3. Prime Mart, 1008 LaPorte Road (Renewal) (Expires 11/22/12) (Includes
Sunday Sales)
4. City Liquor & Tobacco, 508 Broadway Street (Permanent transfer 200
Broadway Street) (Includes Sunday Sales)
Class C Liquor License Permit Application
5. The Saloon, 303' W. 4th Street (Renewal) (Expires 11/14/12) (Includes Sunday
Sales)
Class E Liquor License Permit Application
6. King Star, 127 Jefferson Street (Renewal) (Expires 11/6/12)
7. City Liquor & Tobacco, 508 Broadway Street (Permanent transfer 200
Broadway Street) (Includes Sunday Sales)
Special Class C Beer/Wine License Permit Application
8. Grout Museum, 503 South Street (Renewal) (Expires 12/14/12) (Includes
Sunday Sales)
Class B Wine License Permit Application
9. Prime Mart, 1008 LaPorte Road (Renewal) (Expires 11/22/12) (Includes
Sunday Sales)
10.City Liquor & Tobacco, 508 Broadway Street (Permanent transfer 200
Broadway Street) (Includes Sunday Sales)
Outdoor Service Area Application
11.Grout Museum, 503 South Street (Renewal) (Expires 12/14/12) (Includes
Sunday Sales)
Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt abstained from the
bills payment to Schmitt Telecom in the amount of $117.50. Mr. Schmitt asked
that items 1.B4, 7, 10 be removed from the consent agenda.
Greenwood/Schmitt
1.b. Motion to approve the following:
Class C Beer License Permit Application
4. City Liquor & Tobacco, 508 Broadway Street (Permanent transfer 200
Broadway Street) (Includes Sunday Sales)
Class E Liquor License Permit Application
7. City Liquor & Tobacco, 508 Broadway Street (Permanent transfer 200
Broadway Street) (Includes Sunday Sales)
Class B Wine License Permit Application
10.City Liquor & Tobacco, 508 Broadway Street (Permanent transfer 200
Broadway Street) (Includes Sunday Sales)
Dan Trelka, Director of Safety Services, reported the location has had 36 calls
for service and this is typical for that area.
Noel Anderson, Community Planning and Development Director, reported that this
location is zoned commercial.
Suzy Schares, City Clerk, reported that the state will perform the audits to be
sure they are complying with the new zoning requirements.
Mr. Greenwood expressed concern about the drive -up window.
Eric Johnson, Attorney for the applicant, reported that the applicant intends to
sell packaged and prepared foods and the applicant intends to comply with the
ordinances. They will not be using the drive -up window.
Roll call vote -Ayes: Four. Nays: Three (Getty, Greenwood, Hart). Motion
carried.
Mayor Clark recognized Sheryl Akin, Legal Secretary on her appointment.
December 12, 2011 Page 3
PUBLIC HEARINGS
137707 - Schmitt/Greenwood
that proof of publication of notice of public hearing on Purchase of One (1)
2012 Bandit Wood Chipper, Model 1990XP for Leisure Services Department from
Aspen Equipment Co. of Ankeny, Iowa at a cost of $74,311.30, as published in the
Waterloo Courier on December 8, 2011, be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
137708 - This being the time and place of public hearing, the Mayor called for written
and oral objection and there were none.
Schmitt/Greenwood
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
137709 - Schmitt/Greenwood
that "Resolution confirming approval of specifications, bid document, etc. in
conjunction with Purchase of One (1) 2012 Bandit Wood Chipper, Model 1990XP for
Leisure Services Department from Aspen Equipment Co. of Ankeny, Iowa at a cost
of $74,311.30", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1128.
137710 - Schmitt/Greenwood
that "Resolution authorizing to proceed in conjunction with Purchase of One (1)
2012 Bandit Wood Chipper, Model 1990XP for Leisure Services Department from
Aspen Equipment Co. of Ankeny, Iowa at a cost of $74,311.30", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1129.
137711 - Greenwood/Schmitt
that proof of publication of notice of public hearing on Property Exchange
Agreement, Assignment of Offer to Buy Real Estate and Acceptance with L and H
Farms, Ltd. for the conveyance of approximately 50 acres of city -owned property
located in the north half of the Northwest quarter of Section 26, Township 88
North, and city to acquire approximately 24.5 acres of property located at the
southeast corner of the intersection of U.S. Highway 20 for $750,000.00 plus up
to $10,000.00 in closing costs, as published in the Waterloo Courier on December
8, 2011, be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
137712 - This being the time and place of public hearing, the Mayor called for written
and oral objection and there were none.
Greenwood/Schmitt
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
137713 - Greenwood/Schmitt
that "Resolution approving said exchange agreement; and authorize Mayor and City
Clerk to execute said document in conjunction with Property Exchange Agreement,
Assignment of Offer to Buy Real Estate and Acceptance with L and H Farms, Ltd.
for the conveyance of approximately 50 acres of city -owned property located in
the north half of the Northwest quarter of Section 26, Township 88 North, and
city to acquire approximately 24.5 acres of property located at the southeast
corner of the intersection of U.S. Highway 20 for $750,000.00 plus up to
$10,000.00 in closing costs", be adopted. Roll call vote -Ayes: Six. Nays: One
(Getty).
Resolution adopted and upon approval by Mayor assigned No. 2011-1130.
December 12, 2011 Page 4
137714 - Greenwood/Schmitt
that "Resolution authorizing said conveyance; and authorize City Attorney to
prepare and deliver deed accordingly in conjunction with Property Exchange
Agreement, Assignment of Offer to Buy Real Estate and Acceptance with L and H
Farms, Ltd. for the conveyance of approximately 50 acres of city -owned property
located in the north half of the Northwest quarter of Section 26, Township 88
North, and city to acquire approximately 24.5 acres of property located at the
southeast corner of the intersection of U.S. Highway 20 for $750,000.00 plus up
to $10,000.00 in closing costs", be adopted. Roll call vote -Ayes: Six Nays:
One (Getty).
Resolution adopted and upon approval by Mayor assigned No. 2011-1131.
RESOLUTIONS
137715 - Cole/Welper
that "Resolution approving submission of Cedar Trails Partnership grant request
in the amount of $10,000.00 to be used for the Trolley Car Trail Improvements
Project; and authorize Leisure Services Director to execute said document -
Submitted by Paul Huting, Leisure Services Director", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1132.
137116 - Cole/Welper
that "Resolution approving submission of Black Hawk County Gaming Association
grant request in the amount of $50,000.00 to be used for the Trolley Car Trail
Improvements Project; and authorize Leisure Services Director to execute said
document -Submitted by Paul Huting, Leisure Services Director", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1133.
137117 - Cole/Welper
that "Resolution approving award of contract to Peterson Contractors Inc. of
Reinbeck, Iowa in the amount of $114,500.00 for the 2011 Riverview Recreation
Area Passive Unit Enhancement Phase II, Contract No. 815 -Submitted by Rick
Curran, Leisure Services Facilities Manager", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1134.
137118 - Getty/Welper
that "Resolution approving Professional Services Agreement with JDE Engineering
in an amount not to exceed $28,900.00 for design engineering services for the
F.Y. 2012 Geraldine Road - Phase II, Contract No. 821; and authorize Mayor to
execute said document -Submitted by Jeff Bales, Associate Engineer", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1135.
137119 - Getty/Welper
that "Resolution approving award of contract and contract execution with
Affordable Hazards Removal, Inc. of Monticello, Iowa in the amount of $17,600.00
for the Removal of Asbestos, Contract No. 140 -AR -12 -05 -11 -GO for structures
located at: 116 W. Parker Street, 312 Charles Street, 318 E. 9th Street, 332
Irving Street, 1114 Jefferson Street, 1116-1118 Jefferson Street, 213 N. Barclay
Street, 129 Ricker Street and 135-137 University Avenue; and authorize Mayor and
City Clerk to execute said contract -Submitted by Rudy D. Jones, Community
Development Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1136.
137120 - Getty/Welper
that "Resolution approving award of contract and contract execution with
Benton's Sand & Gravel, Inc. of Cedar Falls, Iowa in the amount of $28,555.00
for the Demolition and Site Clearance of the Former Van Eaton School located at
2170 Burton Avenue, Contract No. 175-D-CDBG-12-12-11; and authorize Mayor and
City Clerk to execute said contract -Submitted by Rudy D. Jones, Community
Development Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1137.
1
December 12, 2011 Page 5
137121 - Hart/Cole
to table a "Resolution approving the Development Agreement for JSA Development,
LLC for the redevelopment of over 45 parcels in Downtown Waterloo, with a rise
in taxable value of over $3 million and 100 percent tax rebates for 7 years; 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.
ORDINANCES
137122 - Schmitt/Cole
that "Resolution determining an area of the City to be a revitalization area,
and that the rehabilitation, conservation, redevelopment, development, or a
combination thereof, of such area is necessary in the interest of the public
health, safety or welfare of the residents of the City in conjunction with City
Limits Urban Revitalization Area", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1138.
137123 - Schmitt/Welper
that "an Ordinance establishing the City Limits Urban Revitalization Area;
rescinding Ordinance No. 5068 in its entirety in conjunction with City Limits
Urban Revitalization Area", be received, placed on file, considered and passed
for the first time. Roll call vote -Ayes: Seven. Motion carried.
137124 - Schmitt/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
137125 - Schmitt/Welper
that "an Ordinance establishing the City Limits Urban Revitalization Area;
rescinding Ordinance No. 5068 in its entirety", 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. 5089.
OTHER COUNCIL BUSINESS
137126 - Hart/Welper
to remove from the table and place the following onto the December 19, 2011
Council agenda: Development Agreement with Sunnyside South Addition, LLC for the
vacation, sale and conveyance of a portion of San Marnan Drive generally located
between Galactic Drive and West 4th Street, west of Ansborough for $1.00 plus
costs, for the purpose of relocating the roadway for the creation of new
residential lots -Submitted by Suzy Schares, City Clerk, be received, placed on
file and approved. Roll Call vote -Ayes: Five. Nays: One (Schmitt). Abstain:
Cole. Motion carried.
Mr. Schmitt asked that the questions previously raised be answered by next week.
Mayor Clark noted that he believes most of those are within the document.
Dave Nagle, Attorney representing Bob and Mary Helen Molinaro, alerted Council
that his client intends to appeal the previous ruling. Mr. Nagle stated that a
second lawsuit has been filed and there will be additional proceedings that
cannot be disclosed at this time. He urged Council not to proceed.
137127 - Welper/Greenwood
that Change Order No. 2 for a net increase of $3,404.00 for work performed by
Don Gardner Construction of Waterloo, Iowa in conjunction with 2011 Waterloo
Forestry Building Upgrades located at 1117 Campbell Avenue -Submitted by Rick
Curran, Leisure Services Facilities Manager, be received, placed on file and
approved. Voice vote -Ayes: Seven. Motion carried.
137128 - Schmitt/Greenwood
to instruct Leisure Services Director to prepare specifications, bid document,
etc. in conjunction with Purchase of 2012 Golf Turf Equipment, be approved.
Voice vote -Ayes: Seven. Motion carried.
December 12, 2011
137129 - Schmitt/Greenwood
Page 6
that specifications, bid document, etc. in conjunction with Purchase of 2012
Golf Turf Equipment, be received and placed on file. Voice vote -Ayes: Seven.
Motion carried.
137130 - Schmitt/Greenwood
that "Resolution preliminarily approving specifications, bid document, etc. in
conjunction with Purchase of 2012 Golf Turf Equipment", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1139.
137131 - Schmitt/Greenwood
that "Resolution setting date of hearing and bid opening as January 9, 2012 and
instruct City Clerk to publish notice of specifications, bid document, etc. and
taking of bids in conjunction with Purchase of 2012 Golf Turf Equipment", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1140.
137132 - Getty/Hart
to instruct Leisure Services Director to prepare plans, specifications, form of
contract, etc. in conjunction with 2012 Riverfront Sports Park Shelter Project,
be approved. Voice vote -Ayes: Seven. Motion carried.
137133 - Getty/Hart
that plans, specifications, form of contract, etc. in conjunction with 2012
Riverfront Sports Park Shelter Project, be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
137134 - Getty/Hart
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with 2012 Riverfront Sports Park Shelter Project",
be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1141.
137135 - Getty/Hart
that "Resolution setting date of hearing and bid opening as January 3, 2012 and
instruct City Clerk to publish notice of plans, specifications, form of
contract, etc. in conjunction with 2012 Riverfront Sports Park Shelter Project",
be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1142.
137136 - Cole/Hart
to instruct Community Development Director to prepare plans, specifications,
form of contract, etc. in conjunction with Demolition and Site Clearance of the
following properties: 915 Lafayette Street, 917 Lafayette Street, 919 Lafayette
Street, 927 Lafayette Street and 1021 Lafayette Street, Contract No. 174-D-NSP3-
01-12-12, be approved. Voice vote -Ayes: Seven. Motion carried.
137137 - Cole/Hart
that plans, specifications, form of contract, etc. in conjunction with
Demolition and Site Clearance of the following properties: 915 Lafayette Street,
917 Lafayette Street, 919 Lafayette Street, 927 Lafayette Street and 1021
Lafayette Street, Contract No. 174-D-NSP3-01-12-12, be received and placed on
file. Voice vote -Ayes: Seven. Motion carried.
137138 - Cole/Hart
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with Demolition and Site Clearance of the
following properties: 915 Lafayette Street, 917 Lafayette Street, 919 Lafayette
Street, 927 Lafayette Street and 1021 Lafayette Street, Contract No. 174-D-NSP3-
01-12-12", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1143.
December 12, 2011 Page 7
137139 - Cole/Hart
that "Resolution setting date of hearing and bid opening as January 3, 2012 and
instruct City Clerk to publish notice of plans, specifications, form of
contract, etc. in conjunction with Demolition and Site Clearance of the
following properties: 915 Lafayette Street, 917 Lafayette Street, 919 Lafayette
Street, 927 Lafayette Street and 1021 Lafayette Street, Contract No. 174-D-NSP3-
01-12-12", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-1144.
ORAL PRESENTATIONS
Bob Manning, Vice -President Cedar Trails Partnership, reported that there are
grants available to benefit and support the trails. Grant applications are due
by January 15, 2012.
137140 - Hart/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
137141 - hart/Schmitt
that the Council adjourn at 6:19 p.m. Voice vote -Ayes: Seven. Motion carried.
uzy Sch
City Clerk