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HomeMy WebLinkAboutMinutes-07/25/2011July 25, 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 25, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones (arrived after roll call), Greenwood, Schmitt, Welper, Hart. Absent: None. Moment of Silence. Pledge of Allegiance: Eric Thorson, City Engineer. 137019 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, July 25, 2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 137020 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, July 18, 2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark presented Dean Smock and Mark Olson with a plaque for 30 years of service. Pat Treloar, Chief of Fire Services, presented Dean Smock and Mark Olson with a 30 -year pin. Mayor Clark read a Proclamation declaring July 29-30, 2011 as Krajiski Teferic Days. CONSENT AGENDA 137021 - 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. 1-63, dated July 25, 2011, in the amount of $3,812,842.65, 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. 2011-705. 2. Request of Pathways Behavioral Services to hold 8th annual Run, Walk and Roll for a Drug Free Community event to be held on Saturday, October 29, 2011 at 9:00 a.m., with the route to start and end on the access road in front of the Pathways Building located at 3362 University Avenue -Submitted by Daniel J. Trelka, Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2011-706. 3. Request of Cedar Valley Civil Rights Peace Walk Committee to hold Peace Walk event on Saturday, October 29, 2011 at 11:00 a.m., with the route to start at Lincoln Park located on East 4th and Mulberry Streets, travel south on 4th Street and end at the 1st Congregational Church located on West 4th and South Streets, together with recommendation of approval of Director of Safety Services -Submitted by Daniel J. Trelka, Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2011-707. 4. Request of Mike Robinson of Heal the Family Inc. for a variance to the Noise Ordinance on Saturday, August 20, 2011 from 12:00 p.m. to 5:00 p.m. in conjunction with 3rd Annual Take Back Our Community event to be held at Sullivan Park including a band/DJ 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. 2011-708. 5. Request of Steve Harvey for a concrete driveway to be located at 608 Englewood Avenue, together with recommendation of approval of City Engineer -Submitted by Eric Thorson, P.E., City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2011-709. July 25, 2011 Page 2 6. Request of Red Cactus Capital (Kevin Schipper) for a concrete driveway to be located at 141 Belleview Road, together with recommendation of approval o.f City Engineer -Submitted by Eric Thorson, P.E., City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2011-710. 7. Request of Allen Glass Co., Inc. for a concrete driveway to be located at 306 W. 15th Street, together with recommendation of approval of City Engineer -Submitted by Eric Thorson, P.E., City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2011-711. 8. Request of Sara Harnack for a concrete driveway to be located at 230 Lichty Boulevard, together with recommendation of approval of City Engineer -Submitted by Eric Thorson, P.E., City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2011-712. b. Motion to approve the following: 1. 2. 3. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Investigator Richter; Officer Bovy Reminton 700 Armorer Course Montezuma, Iowa August 24, 2011 $630.00 Investigator Richter Open Site Rifle Instructor School Johnston, Iowa August 8- 12, 2011 $534.65 Nancy Gulick, Community Development Coordinator; Rudy Jones, Community Development Director All Grantee Entitlement meeting Omaha, Nebraska July 25- 26, 2011 $580.00 4. Motion to receive and file Mayor Clark's recommendation of the following appointment: Appointee Board/Commission Expiration Date New or Re - Appointment N. Scott Crowley Waterloo Convention and Visitors Bureau July 25, 2014 New Appointment Class C Liquor License Permit Application 5. Benevolent & Protective Order of Elks #290, 407 E. Park Avenue (Renewal) (Expires 6/30/12) (Includes Sunday Sales) 6. Maple Lanes Bowling Center, 2608 University Avenue (Renewal) (Expires 7/9/12) (Includes Sunday Sales) 7. Bj's Bar and Billards, 110 Ida Street (Renewal) (Expires 7/29/12) (Includes Sunday Sales) 8. Stages, 728 Commercial Street (New) (Expires 7/11/12) (Includes Sunday Sales) Special Class C Beer/Wine License Permit Application 9. Newton's Paradise Cafe, 128 E. 4th Street (Renewal) (Expires 6/30/12) (Includes Sunday Sales) Outdoor Service Area Application 10.Bj's Bar and Billards, 110 Ida Street 11.Stages, 728 Commercial Street 12.Newton's Paradise Cafe, 128 E. 4th Street Roll call vote -Ayes: Seven. Motion carried. July 25, 2011 Page 3 PUBLIC HEARINGS 137022 - Schmitt/Welper that date of hearing and bid opening on the Purchase of Collection Storage Furnishings be reset until August 22, 2011, be approved. Voice vote -Ayes: Seven. Motion carried. 137023 - Getty/Hart that proof of publication of notice of public hearing on Purchase of Public Market Kitchen Hood (Equipment Only), as published in the Waterloo Courier on July 7, 2011 and July 14, 2011, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137024 - 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. 137025 - Getty/Hart that "Resolution confirming approval of plans, specifications, bid document, etc. in conjunction with Purchase of Public Market Kitchen Hood (Equipment Only)", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-713. 137026 - Getty/Hart that "Resolution authorizing to proceed in conjunction with Purchase of Public Market Kitchen Hood (Equipment Only)", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-714. 137027 - Getty/Hart to receive, file and instruct City Clerk to open bids and refer to Leisure Services Director for review: Bidder Bid Amount Captive Aire 675 51st Street #3 Marion, Iowa 52302 $37,396.47 Products Inc. 1429 2nd Avenue P.O. Box 942 Des Moines, Iowa 50306-0942 $27,183.00 Voice vote -Ayes: Seven. Motion carried. 137028 - Hart/Greenwood that proof of publication of notice of public hearing on Request of Skogman Homes/Midwest Development Co. to vacate a public easement located on Parcel A, generally located northeast of 4230 Harbin Drive, as published in the Waterloo Courier on July 19, 2011, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137029 - 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. 137030 - Hart/Greenwood that "an Ordinance vacating a public easement located on Parcel A, generally located northeast of 4230 Harbin Drive in conjunction with Request of Skogman Homes/Midwest Development Co. to vacate a public easement located on Parcel A, generally located northeast of 4230 Harbin Drive", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. July 25, 2011 Page 4 137031 - 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. 137032 - Hart/Greenwood that "an Ordinance vacating a public easement located on Parcel A, generally located northeast 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. 5060. 137033 - Greenwood/Schmitt that date of hearing and bid opening on the Fire Station Concrete Replacement & Repair Project be reset until August 8, 2011, be approved. Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 137034 - Cole/Welper that "Resolution approving recommendation of award of contract to ATC Associates, Inc. of Waterloo, Iowa in the amount of $7,010.00 for Asbestos Survey and'Abatement Monitoring Services Group 2 for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project; and authorize Mayor and City Clerk to execute said contract -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-715. 137035 - Cole/Welper that "Resolution approving completion of project and final acceptance of work performed by Black Hawk Electrical Company of Waterloo, Iowa at a total cost of $68,508.00 for Riverfront Stadium Field Lighting Upgrade -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-716. 137036 - Cole/Welper that "Resolution approving Contract, Bonds and Certificates of Insurance Prairie Construction Co., Inc. of Waterloo, Iowa in the amount of $78,900.00 for 2011 Public Market Window Replacement and New Vestibules; and authorize Mayor and City Clerk to execute said documents -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-717. 137037 - Welper/Schmitt that "Resolution approving Contract, Bonds and Certificates of. Insurance with Failor Hurley Construction of Hudson, Iowa in the amount of $212,000.00 for 2011 Public Market Interior Development; and authorize Mayor and City Clerk to execute said documents -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-718. 137038 - Welper/Schmitt that "Resolution approving Supplemental Agreement No. 5 with AECOM in the amount of $75,300.00 for final design assistance for U.S. Highway 63 Improvements from I Franklin Street to Conger/Newell Streets; and authorize Mayor to execute said document -Submitted by Jeff Bales, Associate Engineer", be adopted. Roll call vote -Ayes: Seven. Mr. Greenwood asked for a timeline of the project and when the houses will be moved off the property. Noel Anderson, Community Planning and Development Director, stated it will be started on the northern section next spring and then will year by year after that. The permits have been pulled and the foundations are being poured for the houses. They should be moved by next month. Resolution adopted and upon approval by Mayor assigned No. 2011-719. July 25, 2011 Page 5 137039 - Welper/Schmitt that "Resolution approving amendment to the development agreement with MAKO Waterloo Corp. for the restoration and rehabilitation of the Rath Administration Building at 1515 Sycamore Street -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-720. ORDINANCES 137040 - Schmitt/Welper that "an Ordinance amending the 2008 Traffic Code by Repealing Subsection (118) Euclid Avenue of Section 551, Parking Prohibited At All Times On Certain Streets; and Enacting In Lieu Thereof A New Subsection (118) Euclid Avenue Of Section 551, Parking Prohibited At All Times On Certain Streets in conjunction with No Parking This Side on the East Side of the 300 Block of Euclid Street and Rescind the Ordinance for No Parking on the West Side of the 300 Block of Euclid Street", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137041 - 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. 137042 - Schmitt/Welper that "an Ordinance amending the 2008 Traffic Code by Repealing Subsection (118) Euclid Avenue of Section 551, Parking Prohibited At All Times On Certain Streets; and Enacting In Lieu Thereof A New Subsection (118) Euclid Avenue Of Section 551, Parking Prohibited At All Times On Certain Streets", 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. 5061. OTHER COUNCIL BUSINESS 137043 - Getty/Cole that Change Order No. 2 for a net increase of $9,600.00 for work performed Frickson Brothers Excavation of Evansdale, Iowa in conjunction with Demolition and Site Clearance Project, Contract No. 172 -D -GO -04-18-11; and authorize Mayor and City Clerk to execute said document -Submitted by Rudy D. Jones, Community Development Director, be received, placed on file and approved. Voice vote - Ayes: SEven. Motion carried. 137044 - Hart/Greenwood that "Resolution preliminary approving construction of sidewalk improvements 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. 2011-721. 137045 - Hart/Greenwood that "Resolution to fix value of lots 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. 2011-722. 137046 - Hart/Greenwood that "Resolution to adopt preliminary plat and schedule of assessments and estimate of costs 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. 2011-723. July 25, 2011 Page 6 137047 - Hart/Greenwood that "Resolution of Necessity (Proposed) to set date of hearing as August 15, 2011 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. 2011-724. 137048 - Hart/Greenwood to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Sidewalk Repair Assessment Program - Zone 1, Contract No. 811, be approved. Voice vote -Ayes: Seven. Motion carried. 137049 - Hart/Greenwood that plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Sidewalk Repair Assessment Program - Zone 1, Contract No. 811, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137050 - Hart/Greenwood that "Resolution preliminarily approving 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. 2011-725. 137051 - Hart/Greenwood that "Resolution setting date of hearing and bid opening as August 15, 2011 and instruct City Clerk to publish notice 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. 2011-726. 137052 - Hart/Greenwood that "Resolution preliminary approving construction of sidewalk improvements 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. 2011-727. 137053 - Hart/Greenwood that "Resolution to fix value of lots 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. 2011-728. 137054 - Hart/Greenwood that "Resolution to adopt preliminary plat and schedule of assessments and estimate of costs 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. 2011-729. 137055 - Hart/Greenwood that "Resolution of Necessity (Proposed) to set date of hearing as August 15, 2011 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. 2011-730. 137056 - Hart/Greenwood to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Sidewalk Block Grant Repair Assessment Program - Zone 1, Contract No. 812, be approved. Voice vote -Ayes: Seven. Motion carried. July 25, 2011 Page 7 137057 - Hart/Greenwood that plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Sidewalk Block Grant Repair Assessment Program - Zone 1, Contract No. 812, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137058 - Hart/Greenwood that "Resolution preliminarily approving 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. 2011-731. 137059 - Hart/Greenwood that "Resolution setting date of hearing and bid opening as August 15, 2011 and instruct City Clerk to publish notice 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. 2011-732. ORAL PRESENTATIONS Cheryl Christiansen, 1702 Mitchell Ave., asked what happened to the San Marnan development that was supposed to be on the agenda. Mayor Clark reported that it was tabled pending litigation. 137060 - Hart/Cole that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 137061 - Hart/Cole that the Council adjourn at 5:55 p.m. Voice vote -Ayes: Seven. Motion carried. <"f Suzy Sc ares City Clerk