HomeMy WebLinkAboutMinutes-06/13/2011June 13, 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, June 13, 2011. Mayor Ernest G. Clark
in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Dave Zellhoefer, Assistant City Attorney.
136667 - Hart/Schmitt
that the Agenda, as amended changing the wording on items 7, 15, 20, 22, and 23,
for the Regular Session on Monday, June 13, 2011, at 5:30 p.m., be accepted and
approved. Voice vote -Ayes: Seven. Motion carried.
136668 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, June 6, 2011,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
Mayor Clark read a Proclamation declaring June 19, 2011 as Juneteenth Day.
CONSENT AGENDA
136669 - 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. 1-100, dated June 13, 2011, in
the amount of $2,057,061.96 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. 2011-510.
2. Request of Lou Porter to hold KBBG-FM 35th Annual Parade on August 20,
2011 with lineup to start at 8:00 a.m. and parade to end at approximately
11:50 a.m., amended parade route will start at East 4th and Donald
Streets, then travel south on East 4th Street, then east onto Sumner
Street, turn north onto Mobile Street and end at KBBG radio station on the
corner of Mobile and Newell Streets -Submitted by Daniel J. Trelka,
Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2011-511.
3. Request of Main Street Waterloo to hold BBQ'Loo & Blues Too event at
Lincoln Park on Friday, July 15, 2011 from 5:30 p.m. to 9:30 p.m. and
Saturday, July 16, 2011 from 12:00 p.m. to 9:30 p.m. for the Sanctioned
BBQ competition, together with approval of Director of Safety Services -
Submitted by Daniel J. Trelka, Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2011-512.
b. Motion to approve the following:
1.
Travel Requests
Name & Title
of Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Jeff Siebel,
Building
Maintenance
M-2 Comm
Mechanical Insp
Exam
Des Moines,
Iowa
May 13,
2011
$180.00
June 13, 2011 Page 2
2. Motion to receive and file Mayor Clark's recommendation of the following
appointments:
Appointee
Board/Commission
Expiration
Date
New or Re -
Appointment
Akela McDonald
Metropolitan
Transit Authority
Board
June
30,
2014
New Appointment
Sally Meyers
Metropolitan
Transit Authority
Board
June
30,
2014
Re -Appointment
Cindy Wells
Metropolitan
Transit Authority
Board
June
30,
2014
Re -Appointment
Star Rupe
Metropolitan
Transit Authority
Board
June
30,
2014
Re -Appointment
Michelle Weidner
Metropolitan
Transit Authority
Board
June
30,
2014
Re -Appointment
Class C Beer License Permit Application
3. Kwik Star #723, 707 Broadway Street (Renewal) (Expires 7/21/12) (Includes
Sunday Sales)
Class C Liquor License Permit Application
4. Club 700, 1955 Locke Avenue (Renewal) (Expires 6/30/2012) (Includes Sunday
Sales)
Outdoor Service Area Application
5. Rumors, 229 E. 4th Street
Dance License Permit Application
6. Club Fever, 313 W. 5th Street
Fireworks Display Application
7. Waterloo Jaycees Fireworks Festival, off Park Avenue Bridge on July 2,
2011 (rain date alternate July 3, 2011)
8. Bonds
Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt abstained from the
payment to Schmitt Telecom in the amount of $327.50.
PUBLIC HEARINGS
136670 - Greenwood/Hart
that "Resolution resetting date of hearing and bid opening as June 27, 2011 and
instruct City Clerk to publish notice of plans, specifications, form of
contract, etc. in conjunction with F.Y. 2011 Highway 63 South Manhole
Rehabilitation, Contract No. 809", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-513.
136671 - Schmitt/Welper
that proof of publication of notice of public hearing on Purchase of Portable
Water Pump for Live Fire Training, as published in the Waterloo Courier on June
7, 2011, be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
136672 - 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.
136673 - Schmitt/Welper
that "Resolution confirming approval of specifications, bid document, etc. in
conjunction with Purchase of Portable Water Pump for Live Fire Training", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-514.
ti
June 13, 2011
136674 - Schmitt/Welper
Page 3
that "Resolution authorizing to proceed in conjunction with Purchase of Portable
Water Pump for Live Fire Training", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-515.
136675 - Schmitt/Welper
to receive, file and instruct City Clerk to open and read bids and refer to
Chief of Fire Services for review:
Bidder
Bid Amount
Sandry Fire Supply, LLC
618 6th Street
DeWitt, Iowa 52742
$38,082.69
W.S. Darley/Ohler Division
501 Maple Street
Janesville, Iowa 50647
$50,000.00
Voice vote -Ayes: Seven. Motion carried.
136676 - Hart/Greenwood
that proof of publication of notice of public hearing on Purchase of One (1) New
Vehicle Mounted Pipeline Video System, as published in the Waterloo Courier on
June 7, 2011, be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
136677 - 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. Voice vote -Ayes: Seven. Motion carried.
136678 - Hart/Greenwood
that "Resolution confirming approval of specifications, bid document, etc. in
conjunction with Purchase of One (1) New Vehicle Mounted Pipeline Video System",
be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-516.
136679 - Hart/Greenwood
that "Resolution authorizing to proceed in conjunction with Purchase of One (1)
New Vehicle Mounted Pipeline Video System", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-517.
136680 - Hart/Greenwood
to receive, file and instruct City Clerk to open and read bids and refer to
Public Works Director for review:
Bidder
Bid Amount
Mid -Iowa Solid Waste Equipment
5105 NW Beaver Drive
Johnston, Iowa 50131
Co.,
Inc.
$148,118.00
Voice vote -Ayes: Seven. Motion carried.
136681 - Hart/Greenwood
that proof of publication of notice of public hearing on Request of Sunnyside
South Addition, LLC for approval of Development Agreement and 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 for the purpose of
relocating the roadway for the creation of new residential lots, as published in
the Waterloo Courier on June 9, 2011, be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections.
June 13, 2011 Page 4
136682 - Hart/Hart
to table item until further notice on the Request of Sunnyside South Addition,
LLC for approval of Development Agreement and 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 for the purpose of relocating the roadway
for the creation of new residential lots, be approved. Voice vote -Ayes: Seven.
Motion carried.
136683 - Welper/Schmitt
that proof of publication of notice of public hearing on Request of Mrs. Lola
Burt for the sale and conveyance of a 10,420 square foot portion of land
adjacent to 522 Albany Street for $300.00, as published in the Waterloo Courier
on June 9, 2011, be received and placed on file. Voice vote -Ayes: Seven.
Motion carried.
136684 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Welper/Schmitt
to table the request of Mrs. Lola Burt indefinitely. Roll Call Vote -Ayes: Five.
Nays: Two (Getty, Hart). Motion Carried.
RESOLUTIONS
136685 - Schmitt/Hart
that "Resolution approving Amendment No. 2 to the Community Attraction & Tourism
(CAT) Grant Agreement with Vision Iowa Board and Waterloo Development
Corporation to extend the deadline for completion of the Riverloop Expo project
to September 30, 2011; and authorize Mayor 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. 2011-518.
136686 - Schmitt/Hart
that "Resolution approving 28E Agreements with: East Waterloo Township; Cedar
Township; and Elk Run Heights to provide fire and ambulance services; and
authorize Mayor and City Clerk to execute said documents -Submitted by Pat
Treloar, Chief of Fire Services", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-519.
136687 - Schmitt/Hart
that "Resolution approving recommendation of award of bid to Logan Contractor
Supply Inc. of Des Moines, Iowa in the amount of $36,593.50 in conjunction with
the Purchase of One (1) Current Model Year Trailer Mounted Crack -Sealer Unit
with Heated Wand -Submitted by Mark Rice, Public Works Director", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-520.
136688 - Getty/Hart
that "Resolution approving Memorandum of Understanding with Black Hawk County
for a Consolidated Law Enforcement Laboratory; and authorize Mayor to execute
said document -Submitted by Daniel Trelka, Director of Safety Services", be
adopted. Roll call vote -Ayes: Seven.
Mr. Schmitt and Mayor Clark noted that this is going to be a positive step for
both entities. Dan Trelka, Director of Safety Services, and Black Hawk County
Sheriff, Tony Thompson, reported that the two entities will have more
capabilities by utilizing a consolidated lab.
Resolution adopted and upon approval by Mayor assigned No. 2011-521.
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June 13, 2011 Page 5
136689 - Getty/Hart
that "Resolution approving accepting and approving the acquisition of property
generally located at 1114 Jefferson Street, as granted by court order pursuant
to Section 657A of the Iowa Code; and authorize Mayor and City Clerk to execute
any necessary documents -Submitted by Noel Anderson, Community Planning &
Development Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-522.
136690 - Getty/Hart
that "Resolution approving accepting and approving the acquisition of property
generally located at 135-137 University Avenue, as granted by court order
pursuant to Section 657A of the Iowa Code; and authorize Mayor and City Clerk to
execute any necessary documents -Submitted by Noel Anderson, Community Planning &
Development Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-523.
136691 - Schmitt/Greenwood
that "Resolution setting date of hearing as June 27, 2011 to approve request of
Howard L. Allen Investments, Inc. to vacate an easement generally located east
of 2825 Crossroads Boulevard for the purpose of developing a retail strip
center; 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. 2011-524.
136692 - Schmitt/Greenwood
that "Resolution setting date of hearing as June 27, 2011 to approve request of
Howard L. Allen Investments, Inc. for a "S-1" Shopping Center district site plan
amendment for property generally located east of 2825 Crossroads Boulevard for
the purpose of developing a retail strip center; 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. 2011-525.
136693 - Schmitt/Greenwood
that "Resolution approving Memorandum of Understanding with Iowa Northland
Regional Council of Governments (INRCOG) to provide professional services in an
amount not to exceed $2,000.00 for a State Recreational Trails Grant Application
for the Cedar Valley Lakes Trail Enhancement and Water Trail Connection in the
amount of $406,463.00; 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.
Resolution adopted and upon approval by Mayor assigned No. 2011-526.
136694 - Greenwood/Hart
that "Resolution approving setting date of hearing as June 27, 2011 to approve
request of Westfield Lofts Condominium Association to approve a Development
Agreement and to vacate, sell and convey approximately 12,618.90 square feet of
the former Westfield Avenue right-of-way located between West Jefferson and West
Commercial Streets, directly west and adjacent to 25 West Commercial Street for
$1.00 for the purpose of incorporating the land with the property they currently
own -Submitted by Noel Anderson, Community Planning & Development Director", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-527.
136695 - Greenwood/Hart
that "Resolution setting date of hearing as June 27, 2011 to approve a
Development Agreement and sale of a 657A property located at 318 W. 12th Street
to Campbell Brothers Enterprises L.L.C. for $1.00 plus costs; 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. 2011-528.
June 13, 2011 Page 6
136696 - Greenwood/Hart
that "Resolution approving renewal of stop loss health insurance for a premium
of $661,419.00 with Wellmark Blue Cross Blue Shield -Submitted by Suzy Schares,
City Clerk", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-529.
136697 - Welper/Schmitt
that "Resolution approving Memorandum of Agreement with Waterloo Community
School District to host the City's website on the District's server at a cost of
up to $45.00 per month; and authorize Mayor to execute said document -Submitted
by Suzy Schares, City Clerk", be adopted. Roll call vote -Ayes: Seven.
Mayor Clark noted that this is another opportunity for the City to work with the
other governmental agencies to increase efficiency and reduce cost.
Resolution adopted and upon approval by Mayor assigned No. 2011-530.
136698 - Welper/Schmitt
that "Resolution directing the advertisement for sale of $1,785,000.00 Sewer
Revenue Refunding Bonds, Series 2011A; and sale of $4,590,000.00 Sewer Revenue
Refunding Bonds, Taxable Series 2011B as June 22, 2011; and approve electronic
bidding procedures -Submitted by Michelle Weidner, Chief Financial Officer", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-531.
136699 - Welper/Schmitt
that "Resolution approving Lease Agreement with Marsh Place L.P. to
storefront space until August 2011 to exhibit local artists work at a
$1.00 per month -Submitted by Cammie Scully, Director of Cultural
Commission", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-532.
ORDINANCES
136700 - Hart/Schmitt
lease a
cost of
& Arts
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 420 to Section 2A -7N, Conditional Zoning
Certain Property in conjunction with Request of Vern Jackson to rezone from "A-
1" Agricultural District to "R -R" Rural Residence District approximately 3.14
acres generally located at 2307 Katoski Drive for the purpose of buildingone
new single-family home", be received, placed on file, considered and passed for
the first time. Roll call vote -Ayes: Seven. Motion carried.
136701 - Hart/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.
136702 - Hart/Schmitt
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 420 to Section 2A -7N, Conditional Zoning
Certain Property", be considered and passed for the third times and adopted.
Roll call vote -Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 5048.
136703 - Hart/Greenwood
that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (57)
Downing Avenue and Wren Road of Section 540, Obedience to Official Traffic -
Control Devices in conjunction with Removal of the Pedestrian Signals on Downing
Avenue at Wren Road", be received, placed on file, considered and passed for the
first time. Roll call vote -Ayes: Five. Nays: Two (Cole, Greenwood) Motion
carried.
John Sherbon, 1715 Robbin Road, spoke in opposition of the ordinance. He is
concerned about the safety of the children crossing at the intersection if there
is not crossing signals.
z•
•
June 13, 2011 Page 7
Mohammed Elahi, Traffic Engineer, reported that access to the school will be
limited by fencing. There will not be an entrance from Downing Avenue. The
students will need to walk to the other side of the building. The new crosswalk
will direct the students to the entrance.
Mr. Greenwood expressed concern with the lack the entrances to the school
property.
Mr. Schmitt noted that the school has changed the direction the entrance faces
and having more than one set of signals will create a cluster.
Forest Dillavou, 1725 Huntington Road, spoke in opposition of the ordinance for
fear of the safety of the children522.
136704 - Hart/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Motion failed for lack of super majority.
OTHER COUNCIL BUSINESS
136705 - Cole/Hart
that arbitrage test results reflecting that no payment is due to the Internal
Revenue Service for the general obligation bonds issued in June 2006 -Submitted
by Michelle Weidner, Chief Financial Officer, be received and placed on file.
Voice vote -Ayes: Seven. Motion carried.
136706 - Cole/Hart
to instruct Leisure Services Director to prepare plans, specifications, form of
contract, etc. in conjunction with 2011 Public Market Window Replacement and New
Vestibules, be approved. Voice vote -Ayes: Seven. Motion carried.
136707 - Cole/Hart
that plans, specifications, form of contract, etc. in conjunction with 2011
Public Market Window Replacement and New Vestibules, be received and placed on
file. Voice vote -Ayes: Seven. Motion carried.
136708 - Cole/Hart
that "Resolution preliminarily approving 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. 2011-533.
136709 - Cole/Hart
that "Resolution setting date of hearing and bid opening as June 27, 2011 and
instruct City Clerk to publish notice 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. 2011-534.
ORAL PRESENTATIONS
Lola Burt, 522 Albany, explained her request to purchase additional property
near her property. She has been maintaining the property. She owns the adjoining
property. She
Joshua Jebe, 813 Fairview, requested permission to build a retaining wall. Staff
will look into his request.
Forest Dillavou, 1725 Huntington Rd., expressed concern with selling City
property for a dollar.
Noel Anderson, Community Planning and Development Director, explained that the
properties will be accompanied by a development agreement and will increase the
tax base and one of the properties has a building that needs to be demolished.
The sale of property policy states that certain costs can be deducted from the
purchase price.
Mr. Getty noted that item Mr. Dillavou was referring to will increase parking
for the condominiums.
June 13, 2011 Page 8
136710 - Hart/Greenwood
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
136711 - Hart/Greenwood
that the Council adjourn at 6:26 p.m. Voice vote -Ayes: Seven. Motion carried.
Suzy hues
City Clerk