HomeMy WebLinkAboutMinutes-07/11/2011July 11, 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, July 11, 2011. Mayor Ernest G. Clark
in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Rudy Jones, Community Development Director.
136892 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, July 11, 2011,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven Motion
carried.
136893 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, June 27, 2011,
Regular Session and June 29, 2011, Special Session, be accepted and approved.
Voice vote -Ayes: Seven. Motion carried.
Mayor Clark recognized the July 2011 Team Member of the Month, Wayne Castle.
CONSENT AGENDA
136894 - 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. 1-65, dated July 11, 2011, in the
amount of $3,218,134.18, 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. 2011-641.
2. Request of Jerry & Martha Muller for a variance to the Noise Ordinance on
July 23, 2011 from 3:30 p.m. to 10:30 p.m. in conjunction with a wedding
reception to be held at 1615 Baltimore Street including live music and the
use of a PA system, together with recommendation of approval of Director
of Safety Services -Submitted by Suzy Schares, City Clerk.
Resolution adopted and upon approval by Mayor assigned No. 2011-642.
b. Motion to approve the following:
1.
2.
3.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Officer Cox
OWI Detection &
Standardized
Field Sobriety
Test
Johnston,
Iowa
July 11-
13, 2011
$345.10
Sergeant
Farmer; Officer
Walter
EdgeFX
Comprehensive
Diagramming for
Accident
Reconstruction
West Des
Moines, Iowa
July 11-
13, 2011
$1,646.00
Cammie Scully,
Cultural & Arts
Director; Kent
Shankle,
Curator
International
Folk Art
Festival/Market
Santa Fe,
New Mexico
July 6-
17, 2011
$4,560.00
4. Recommendation of appointment of Phillip Schuppert to the position of
Storm Water Specialist, effective August 1, 2011 -Submitted by Eric
Thorson, P.E., City Engineer
July 11, 2011 Page 2
Class C Beer License
5. Hy -Vee Gas #3, 1512
Sunday Sales)
6. Michoacana Meat Market,
(Includes Sunday Sales)
7. Prime Mart, 3535 Marigold
Sunday Sales)
8. A&S Petroleum Inc.,
(Includes Sunday Sales)
Permit Application
Flammang Dr. (renewal)
1215 Franklin St.
Dr. (Renewal)
127 Jefferson
St.
(expires 8-26-2012) (Includes
(renewal) (expires 4-26-2012)
(Expires 8/8/2012) (Includes
(Renewal) (Expires 6/29/2012)
Class A Liquor License Permit Application
9. Fraternal Order of Eagles, Waterloo Aerie #764, 202 E. First St. (Renewal)
(Expires 6/30/2012) (Includes Sunday Sales)
Class C Liquor License Permit Application
10. Light House Lounge, 1307 W. 5th Street (Renewal) (Expires 6/28/2012)
(Includes Sunday Sales)
Class B Wine License Permit Application
11. Prime Mart, 3535 Marigold Dr. (Renewal) (Expires
Sunday Sales)
12. A&S Petroleum Inc., 127 Jefferson St. (Renewal)
(Includes Sunday Sales)
Outdoor Service Area Application
13. Fraternal Order of Eagles, Waterloo Aerie
(Renewal) (Expires 6/30/2012)
8/8/2012) (Includes
(Expires 6/29/2012)
#764, 202 E. First
Theatre License Application
14. Marcus Midwest LLC dba Crossroads 12 Theatre, 2450 Crossroads Blvd
Cigarette Permit Application
15. NC Mini Mart/New Star 3, 1459 Ansborough Avenue
16. Bonds
Roll call vote -Ayes: Seven. Motion carried.
Mayor Clark welcomed Phillip Schuppert to the position
Specialist.
PUBLIC HEARINGS
136895 - Hart/Cole
St.
Storm Water
that proof of publication of notice of public hearing on Request of Skogman
Homes/Midwest Development Co. to vacate a public utility easement along Lot 10
of Audubon Park Fifth Addition generally located north of 4230 Harbin Drive, as
published in the Waterloo Courier on July 7, 2011, be received and placed on
file. Voice vote -Ayes: Seven. Motion carried.
136896 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Hart/Cole
that the hearing be closed and recommendation of approval of Planning,
Programming and Zoning Commission, be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
136897 - Hart/Cole
that "an Ordinance vacating a public utility easement along Lot 10 of Audubon
Park Fifth Addition generally located north of 4230 Harbin Drive in conjunction
with Request of Skogman Homes/Midwest Development Co. to vacate a public utility
easement along Lot 10 of Audubon Park Fifth Addition generally located north of
4230 Harbin Drive", be received, placed on file, considered and passed for the
first time. Roll call vote -Ayes: Seven. Motion carried.
136898 - Hart/Cole
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
July 11, 2011 Page 4
136908 - Getty/Welper
that proof of publication of notice of public hearing on Request of Wesley
Mahlstedt to rezone approximately 0.30 acres from "C-2" Commercial District to
"R-2" One and Two Family Residence District for property located at 507
Wisconsin Street, as published in the Waterloo Courier on July 7, 2011, be
received and placed on file. Voice vote -Ayes: Seven. Motion carried.
136909 - 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 and recommendation of approval of Planning,
Programming and Zoning Commission, be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
136910 - Getty/Hart
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 423 to Section 2A-5, Rezoning Certain
Property in conjunction with Request of Wesley Mahlstedt to rezone approximately
0.30 acres from "C-2" Commercial District to "R-2" One and Two Family Residence
District for property located at 507 Wisconsin Street", be received, placed on
file, considered and passed for the first time. Roll call vote -Ayes: Seven.
Motion carried.
136911 - Getty/Hart
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
136912 - Getty/Hart
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 423 to Section 2A-5, Rezoning Certain
Property", 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. 5056.
136913 - Hart/Greenwood
that proof of publication of notice of public hearing on Repealing and Enacting
a Historic Preservation Ordinance, as published in the Waterloo Courier on July
7, 2011, be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
136914 - 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 Planning,
Programming and Zoning Commission, be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
136915 - Hart/Greenwood
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by Repealing Section 2-9-1 and Section 9-8-1; and enacting in lieu
thereof New Sections: 2-9-1, 9-8-1 through 9-8-14 in conjunction with Repealing
and Enacting a Historic Preservation Ordinance", be received, placed on file,
considered and passed for the first time. Roll call vote -Ayes: Seven. Motion
carried.
136916 - 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.
136917 - Hart/Welper
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by Repealing Section 2-9-1 and Section 9-8-1; and enacting in lieu
thereof New Sections: 2-9-1, 9-8-1 through 9-8-14", 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. 5057.
July 11, 2011 Page 3
136899 - Hart/Cole
that "an Ordinance vacating a public utility easement along Lot 10 of Audubon
Park Fifth Addition generally located north of 4230 Harbin Drive", 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. 5054.
136900 - Cole/Welper
that proof of publication of notice of public hearing on Adoption of the 2012-
2016 Capital Improvements Program for the City of Waterloo, as published in the
Waterloo Courier on July 7, 2011, be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
136901 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Cole/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
136902 - Cole/Welper
that "Resolution approving adoption of said program", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-643.
136903 - Schmitt/Greenwood
that proof of publication of notice of public hearing on Request of Gene Meyer
to rezone approximately 12.12 acres from "A-1" Agricultural District to "R -R"
Rural Residence District for property located at 3545, 3555 and 3655 Ranchero
Road for the purpose of creating one buildable lot for a single-family home, as
published in the Waterloo Courier on July 7, 2011, be received and placed on
file. Voice vote -Ayes: Seven. Motion carried.
136904 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Schmitt/Greenwood
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: Seven. Motion carried.
136905 - Schmitt/Greenwood
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 422 to Section 2A-5, Rezoning Certain
Property in conjunction with Request of Gene Meyer to rezone approximately 12.12
acres from "A-1" Agricultural District to "R -R" Rural Residence District for
property located at 3545, 3555 and 3655 Ranchero Road for the purpose of
creating one buildable lot for a single-family home", be received, placed on
file, considered and passed for the first time. Roll call vote -Ayes: Seven.
Motion carried.
136906 - Schmitt/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.
136907 - Schmitt/Greenwood
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 422 to Section 2A-5, Rezoning Certain
Property", 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. 5055.
July 11, 2011
136925 - Greenwood/Schmitt
Page 6
that "Resolution confirming approval of specifications, bid document, etc. in
conjunction with Purchase of Ramp Tractor and Blade at Waterloo Regional
Airport", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-644.
136926 - Greenwood/Schmitt
that "Resolution authorizing to proceed in conjunction with Purchase of Ramp
Tractor and Blade at Waterloo Regional Airport", be adopted. Roll call vote -
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-645.
136927 - Greenwood/Schmitt
to receive, file and instruct City Clerk to open and read bids and refer to
Airport Director for review:
Bidder
Bid Bond
Bid Amount
Waterloo Implement
Waterloo, Iowa
$8851.10
$177,022.00
Waverly Implement
Waverly, Iowa
$8,945.00
$178,900.00
Voice vote -Ayes: Seven. Motion carried.
136928 - Hart/Schmitt
Motion to reset the date of public hearing and bid opening on the Purchase of
Public Market Kitchen Hood (Equipment Only) until July 25, 2011. Voice`vote-
Ayes: Seven. Motion carried.
136929 - Schmitt/Welper
that proof of publication of notice of public hearing on Public Market Interior
Development Project, as published in the Waterloo Courier on July 7, 2011, be
received and placed on file. Voice vote -Ayes: Seven. Motion carried.
136930 - 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: Seven. Motion carried.
136931 - Schmitt/Welper
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with Public Market Interior Development Project", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-646.
136932 - Schmitt/Welper
that "Resolution ordering construction in conjunction with Public Market
Interior Development Project", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-647.
136933 - Schmitt/Welper
to receive, file and instruct City Clerk to open and read bids and refer to
Leisure Services Director for review:
Bidder
Bid
Bond
Alternate
No. 1
Bid Amount
Failor-Hurley Construction
Hudson, Iowa
5%
$3,600.00
$219,600.00
Prairie Construction
Waterloo, Iowa
5%
$3,700.00
$208,300.00
Voice vote -Ayes: Seven. Motion carried.
July 11, 2011 Page 5
136918 - Welper/Hart
that proof of publication of notice of public hearing on Request of Todd Welch
to rezone 1.59 acres from "C-1" Commercial. District to "C-1, C -Z" Conditional
Zoning District, to allow for the establishment of an automobile sales office in
the existing building at 1033 Decathlon Drive, as published in the Waterloo
Courier on July 7, 2011, be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
136919 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Welper/Hart
that the hearing be closed and recommendation of approval of Planning,
Programming and Zoning Commission, be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
Mr. Jones questioned what establishment is currently located in this building.
Noel Anderson, Community Planning and Development Director, reported that this
is the former Decathlon Club. There will be no automobiles on this site. The
applicant is asking to have automobiles at the gymnastics site across the street
on the corner of Black Hawk and Ansborough. To be allowed at this site he has to
have an office to be approved by the Iowa Department of Transportation. The
Planning Commission has placed four additional conditions on this request: there
is to be no outside storage at this location, no vehicle display area for the
sale of vehicles, no auto repair or maintenance, and the use of the site shall
be limited to an automobile sales office, and they is no ability to have alcohol
sales on the site.
Mr. Jones expressed concern to whether this is the best use of the site.
Mr. Greenwood questioned if the sites are tied together.
Noel Anderson, Community Planning and Development Director, noted that the
applicant is limited to the number of vehicles allowed at the gymnastics site.
136920 - Welper/Hart
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 115 to Section 2A -7N, Conditional Zoning
Certain Property in conjunction with Request of Todd Welch to rezone 1.59 acres
from "C-1" Commercial District to "C-1, C -Z" Conditional Zoning District, to
allow for the establishment of an automobile sales office in the existing
building at 1033 Decathlon Drive", be received, placed on file, considered and
passed for the first time. Roll call vote -Ayes: Seven. Motion carried.
136921 - Welper/Hart
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six. Nay: One (Jones).
Motion carried.
136922 - Welper/Hart
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 115 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. Nay: One (Jones).
Ordinance adopted and upon approval by Mayor assigned No. 5058.
136923 - Greenwood/Schmitt
that proof of publication of notice of public hearing on Purchase of Ramp
Tractor and Blade at Waterloo Regional Airport, as published in the Waterloo
Courier on July 7, 2011, be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
136924 - 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.
July 11, 2011 Page 7
136934 - Getty/Hart
that proof of publication of notice of public hearing on Request for Proposal
for Asbestos Survey and Abatement Monitoring Services Group 2 for the Hazard
Mitigation Grant Program (HMGP) Property Acquisition Project, as published in
the Waterloo Courier on July 7, 2011, be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
136935 - 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.
136936 - Getty/Hart
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with Request for Proposal for Asbestos Survey and Abatement
Monitoring Services Group 2 for the Hazard Mitigation Grant Program (HMGP)
Property Acquisition Project", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-648.
136937 - Getty/Hart
that "Resolution ordering construction in conjunction with Request for Proposal
for Asbestos Survey and Abatement Monitoring Services Group 2 for the Hazard
Mitigation Grant Program (HMGP) Property Acquisition Project", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-649.
136938 - Getty/Hart
to receive, file and instruct City Clerk to open and read bids and refer to
Community Planning & Development Director for review:
Bidder
5% Guarantee by
certified check
or bid bond
Total lump sum bid (total
cost based on the
tabulated amounts from
each property bid tab)
Ames Environmental Inc.
Slater, Iowa
$444.00
$8,880.00
ATC Associates Inc.
Waterloo, Iowa
$350.50
$7,010.00
Evan's Inspection Service, Inc.
Monticello, Iowa
$285.00
$5,700.00
Voice vote -Ayes: Seven. Motion carried.
136939 - Greenwood/Schmitt
that proof of publication of notice of public hearing on 2011 Public Market
Window Replacement and New Vestibules, as published in the Waterloo Courier on
July 7, 2011, be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
136940 - 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.
136941 - Greenwood/Schmitt
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with 2011 Public Market Window Replacement and New
Vestibules", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-650.
July 11, 2011 Page 8
136942 - Greenwood/Schmitt
that "Resolution ordering construction in conjunction with 2011 Public Market
Window Replacement and New Vestibules", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-651.
136943 - Greenwood/Schmitt
to receive, file and instruct City Clerk to open and read bids and refer to
Leisure Services Director for review:
Bidder
Bid Bond
Bid Amount
Prairie Construction.
Waterloo, Iowa
5%
$78,900.00
Voice vote -Ayes: Seven. Motion carried.
136944 - Schmitt/Greenwood
that public hearing on 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 be reopened. Voice vote -Ayes: Seven. Motion carried.
Bryan Molinaro-Bonigan, 3532 Augusta Circle, spoke in opposition to the sale of
property as he feels there is not a need for this type of development.
Dave Nagle, Attorney at law, requested that the project be placed to on hold to
investigate the perceived conflict of interest.
Jeff Stickfort, Stickfort Construction and Sunnyside South Addition, spoke to
the conflict of interest and the procedures followed to acquire this property.
Janet Drake, 3711 W. 4th Street, President of Ashwood Condo Association,
expressed concern with the drainage issues caused by this development.
136945 - Schmitt/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 Call vote -Ayes: Six. Motion carried. Ms. Cole abstained due to
the possible conflict of interest with her employer. She noted that she does not
work for the company that is the adjoining landowner, VGM Development. Roll call
vote -Ayes: Six. Abstain: One (Cole). Motion carried.
Mr. Getty questioned what measures will be taken to address the drainage issues.
Mayor Clark reported that there is additional staff being hired to help address
the drainage issues in the City. This project will have the drainage issues
addressed as it moves,forward.
Mr. Welper spoke in support of the project and noted that a large investment has
been put into this project and all drainage issues will be addressed prior to
this project being completed.
Mr. Greenwood spoke in support of the project because the City needs the
economic development and this type of buildable lot. He agrees that there are
water issues and that they will be addressed.
Mr. Schmitt spoke in support of the general concept. He would like to receive an
objective third party opinion on the conflict of interest issue that has been
raised. He would also like to explore options to develop the area without moving
the road.
Mr. Hart questioned the conflict of interest and would like the questions to be
answered.
Mayor Clark noted that the response has been that it is not against the law. It
may be something to think about but it shouldn't enter into this project.
Whether Mr. Walsh should be involved in land transactions should be something
that is looked into separate from this project.
136946 - Schmitt/Greenwood
that "an Ordinance vacating a portion of San Marnan Drive generally located
between Galactic Drive and West 4th Street, west of Ansborough", be received,
placed on file, considered and passed for the first time. Roll call vote -Ayes:
Six. Abstain: One (Cole). Motion carried.
Mayor Clark cautioned Council that delaying this project may hinder it's ability
to be completed within the construction season.
July 11, 2011 Page 9
136947 - Schmitt/Greenwood
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Five. Nay: Schmitt. Abstain:
One (Cole). Motion failed.
RESOLUTIONS
136948 - Hart/Greenwood
that "Resolution approving one-year School Resource Officers' Agreement with
Waterloo Community School District providing for assignment of six police
officers at a cost of $250,000.00; and authorize Mayor and City Clerk to execute
said document -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. 2011-652.
136949 - Hart/Greenwood
that "Resolution approving a one month extension to the agreement with"Cedar
Bend Humane Society for Animal Control Services for a cost of 17,229.50 per
month plus additional fees for pick up and disposal of wildlife; and authorize
Mayor and City Clerk to execute said document -Submitted by Sandie Greco, Traffic
Operations Superintendent", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-653.
136950 - Hart/Greenwood
that "Resolution approving installation of two street lights on decorative poles
to be located at the northeast corner of Clover Lane and William Drive; and at
the northeast corner of Winghaven Drive and William Drive; and authorize City
Clerk to notify MidAmerican Energy -Submitted by Sandie Greco, Traffic Operations
Superintendent", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-654.
136951 - Getty/Hart
that "Resolution approving Memorandum of Agreement with Waterloo Community
School District to operate the District's Waterloo Educational Access Channel
for a fee of $30,000.00 per year -Submitted by Suzy Schares, City Clerk", be
adopted. Roll call vote -Ayes: Seven.
Mr. Greenwood asked if we will be sending camera operators to the School Board
meetings.
Suzy Schares, City Clerk, stated that the school is working on getting cameras
mounted that will not require additional personnel to run the meetings. The City
staff will be able to run all of the programming from the Public Access Studio
with the exception of the Board meetings, which will require one staff member to
be at the School administration building.
Resolution adopted and upon approval by Mayor assigned No. 2011-655.
136952 - Getty/Hart
that "Resolution approving Memorandum of Understanding with the City of Cedar
Falls and Black Hawk County for the use of the FY 2011 Edward Byrne Memorial
Justice Assistance Grant (JAG) Program in the amount of $104,714.00 to be used
for the Tri -County Drug Enforcement Task Force; 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: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-656.
136953 - Getty/Hart
that "Resolution approving contract with Department of Justice Crime Victim
Assistance Division for a Federal Violence Against Women grant in the amount of
$35,223.00, with a required local match of $11,741.00 to apply towards funding
of the Domestic Abuse Response Team (DART) -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. 2011-657.
July 11, 2011 Page 10
136954 - Schmitt/Welper
that "Resolution approving the extension of the Professional Services Agreement
dated August 23, 2010 with AECOM Technical Services Inc. for planning and
engineering services for sanitary sewer, storm water and sanitation projects for
6 months ending December 31, 2011 -Submitted by Larry N. Smith, Waste Management
Services Superintendent", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-658
136955 - Schmitt/Welper
that "Resolution approving recommendation of award of bid to Michael Painting &
Decorating of Waterloo, Iowa in the amount of $51,103.00 for exterior painting
of snow removal equipment building/hangar painting at Waterloo Regional Airport -
Submitted by Bradley Hagen, Airport Director", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-659.
136956 - Schmitt/Welper
that "Resolution approving IDOT Pavement Maintenance Grant in the amount of
$10,000.00 with a 30% match for pavement maintenance at Waterloo Regional
Airport -Submitted by Bradley Hagen, Airport Director", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-660.
136957 - Cole/Greenwood
that "Resolution approving agreement with Vandewalle & Associates for project
implementation services at an amount not to exceed $60,000.00 -Submitted by Noel
Anderson, Community Planning & Development Director", be adopted. Roll call
vote -Ayes: Seven.
Mr. Welper asked if there is a timeline for the continued use of Vandewalle.
Mayor Clark reported there is not an end date, but the City will continue to use
them as long as we continue to develop.
Mr. Schmitt asked if the City uses Vandewalle strictly for the downtown sector.
Noel Anderson, Community Planning and Development Director, stated that is their
primary role.
Resolution adopted and upon approval by Mayor assigned No. 2011-661.
136958 - Cole/Greenwood
that "Resolution approving the acquisition of the tract as described, generally
located at the northwest corner of Larkspur Drive and Cimmarron Lane for $1.00,
with estimated closing costs of $50.00 -Submitted by Noel Anderson, Community
Planning & Development Director", be adopted. Roll call vote -Ayes: Seven..
Resolution adopted and upon approval by Mayor assigned No. 2011-662.
136959 - Cole/Greenwood
that "Resolution approving the execution of the assignment of rebates to JSA
Development LLC under the prior development agreement with J.L. Holten at 320-
322 East 4th Street, commonly known as the CU .Restaurant -Submitted by Noel
Anderson, Community Planning & Development Director", be adopted. Roll call
vote -Ayes: Seven. Abstain: Cole.
Noel Anderson, Community Planning and Development Director, noted that the tax
rebates are on-going to allow the City to properly track the rebates they need
to be assigned to JSA Development because they have since purchased the
property.
Mr. Hart asked if J.L. Holten was under a development agreement that required
them to retain the property for a certain length of time.
Noel Anderson, Community Planning and Development Director, reported that the
development agreement required them to improve the taxable value of the
property, which they have completed.
Resolution adopted and upon approval by Mayor assigned No. 2011-663.
1
July 11, 2011 Page 11
136960 - Hart/Greenwood
that "Resolution setting date of hearing as July 25, 2011 to approve the request
of Skogman Homes/Midwest Development, Co., to vacate an easement located on
Parcel A, generally located northeast of 4320 Harbin Drive and instruct City
Clerk to publish notice -Submitted by Noel Anderson, Community Planning &
Development Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-664.
136961 - Hart/Greenwood
that "Resolution approving Amendment No. 6 to Contract Number 08 -DRB -205 with
the Iowa Department of Economic Development (IDED) for the Disaster Recovery
Business Assistance Programs and authorizing the Mayor to sign and execute said
amendment -Submitted by Aric Schroeder, City Planner", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-665.
136962 - Hart/Greenwood
that "Resolution approving Professional Service and Equipment Usage Agreement
with Black Hawk County Soil and Water Conservation District for the Castle Hill
and Pleasant Valley Watershed Assessments for an amount not to exceed $1,700.00 -
Submitted by W. Wayne Castle, PLS, EI Associate Engineer", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-666.
136963 - Getty/Schmitt
that "Resolution approving recommendation of award of bid to Don Gardner
Construction of Waterloo, Iowa in the amount of $95,410.00 for the 2011 Waterloo
Forestry Building Upgrades Project -Submitted by Rick Curran, Leisure Services
Facilities Manager", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-667.
136964 - Getty/Schmitt
that "Resolution approving Agreement and Bill of Sale with MidAmerican Energy
Company for used equipment at no purchase cost to the city, to be used for
compressing natural gas and injecting into vehicles; and authorize Mayor and
City Clerk to execute said documents -Submitted by Larry N. Smith, Waste
Management Services Superintendent", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-668.
Mayor Clark thanked MidAmerican Energy and Larry Smith for the opportunity to do
something really cool for the City of Waterloo.
ORDINANCES
136965 - Schmitt/Greenwood
that "an Ordinance amending the 2008 Traffic Code by adding subsection (71a)
Esther Street and Logan Avenue (Highway 63) to section 540, Obedience to
Official Traffic -Control Devices in conjunction with Full Actuated Pushbutton
Pedestrian Signals at Logan Ave. (Hwy 63) and Esther Street", be received,
placed on file, considered and passed for the first time. Roll call vote -Ayes:
Seven. Motion carried.
Mayor Clark noted that this will address the kids crossing the street on Highway
63
Mr. Getty added that this is a temporary fix until the paving of Highway 63 is
complete and a new crosswalk is put in by the State.
136966 - Schmitt/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.
July 11, 2011 Page 12
136967 - Schmitt/Greenwood
that "an Ordinance amending the 2008 Traffic Code by adding subsection (71a)
Esther Street and Logan Avenue (Highway 63) to section 540, Obedience to
Official Traffic -Control Devices", 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. 5059.
OTHER COUNCIL BUSINESS
136968 - Hart/Greenwood
that Tax Exemption Certificate in conjunction with $1,785,000.00 Sewer Revenue
Refunding Bonds, Series 2011A, be approved. Voice vote -Ayes: Seven. Motion
carried.
136969 - Hart/Greenwood
that Continuing Disclosure Certificate in conjunction with $1,785,000.00 Sewer
Revenue Refunding Bonds, Series 2011A, be approved. Voice vote -Ayes: Seven.
Motion carried.
136970 - Hart/Greenwood
that "Resolution authorizing and providing for issuance of said bonds and
levying a tax to pay said bonds in conjunction with $1,785,000.00 Sewer Revenue
Refunding Bonds, Series 2011A", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-669.
136971 - Hart/Greenwood
that "Resolution appointing Wells Fargo Bank, National Association, of Des
Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent;
approve the Paying Agent and Bond Registrar and Transfer Agent Agreement; and
Authorizing the Execution of the Agreement in conjunction with $1,785,000.00
Sewer Revenue Refunding Bonds, Series 2011A", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-670.
136972 - Hart/Greenwood
that Continuing Disclosure Certificate in conjunction with $4,590,000.00 Sewer
Revenue Refunding Bonds, Taxable Series 2011B, be approved. Voice vote -Ayes:
Seven. Motion carried.
136973 - Hart/Greenwood
that "Resolution authorizing and providing for issuance of said bonds and
levying a tax to pay said bonds in conjunction with $4,590,000.00 Sewer Revenue
Refunding Bonds, Taxable Series 2011B", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-671.
136974 - Hart/Greenwood
that "Resolution appointing Wells Fargo Bank, National Association, of Des
Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent;
approve the Paying Agent and Bond Registrar and Transfer Agent Agreement; and
Authorizing the Execution of the Agreement in conjunction with $4,590,000.00
Sewer Revenue Refunding Bonds, Taxable Series 2011B", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-672.
ORAL PRESENTATIONS
John Sherban, 1715 Robin Road, expressed concern with the moving on to new
projects when we haven't completed the projects that have already been started.
The water problems need to be addressed before we begin new development.
Ted Lederman, spoke in opposition to the sale of property for the development
along San Marnan.
July 11, 2011
136975 - Hart/Welper
Page 13
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
136976 - Hart/Welper
that the Council adjourn at 6:56 p.m. Voice vote -Ayes: Seven. Motion carried.
Suzy Scha es
City Cler
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