HomeMy WebLinkAboutMinutes-05/02/2011May 2, 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, May 2, 2011. Mayor Ernest G. Clark in
the Chair. Roll Call:
Moment of Silence.
Pledge of Allegiance: St. Edward's School 6th Grade Students.
136380 - Hart/Schmitt
that the Agenda, as amended by amending item #16, for the Regular Session on
Monday, May 2, 2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes:
Six. Absent: Greenwood. Motion carried.
136381 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, April 25,
2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Absent:
Greenwood. Motion carried.
Mayor Clark performed a Swearing -In of the following Police Officers: Jamey L.
Cox, Marc D. Moore, Troy J. Wilson and Kyle T. Jurgensen
Mayor Clark recognized May Team Member of the Month - Elia Ellis.
CONSENT AGENDA
136382 - 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 May 2, 2011, in the
amount of $1,368,409.39, 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. 2011-339.
2. Request to certify the following assessments to properties for work
performed by the Water Works, together with recommendation of approval of
Board of Water Works Trustees- Submitted by Dennis Clark, General Manager
of Waterloo Water Works:
Resolution adopted and upon approval by Mayor assigned No. 2011-340.
b. Motion to approve the following:
1.
2.
Travel Requests
Address
Amount to
certify
415
Thompson Avenue
$1,955.00
204
Baltimore Street
$450.00
209
Shilliam Avenue
$1,600.00
2126
West 3rd Street
$1,550.00
2132
West 3rd Street
$3,450.00
Resolution adopted and upon approval by Mayor assigned No. 2011-340.
b. Motion to approve the following:
1.
2.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Investigator Joe
Saunders
Critical
Infrastructure
& Key Resource
Protection
Assistance
Program
training
Des Moines,
Iowa
May 9-
11, 2011
$343.04
Bob Osgood,
Chief Plumbing
Inspector
Continuing
Education -
Plumbing Code
Waterloo,
Iowa
April
16, 2011
$120.00
May 2, 2011
3.
4.
Page 2
Sergeant Brian
Hoelscher;
Officer Shawn
Bram
Transport Bomb
Squad
Incendiary
Devices
Marion,
Arkansas
May 24-
25, 2011
$491.00
Officer Michael
Girsch; Officer
Darin Rulapaugh
Glock Armorer
School
Bettendorf,
Iowa
May 10,
2011
$470.00
5. Recommendation of appointment of Alan Bainbridge to the position of Waste
Water Operator, effective May 9, 2011 pending a pre-employment exam -
Submitted by Larry N. Smith, Waste Management Services Superintendent
6. Recommendation of appointment of Daniel Baker to the position of
Engineering Technician, effective May 16, 2011 pending a pre-employment
exam -Submitted by Eric Thorson, P.E., City Engineer
7. Recommendation of appointment of Scott Paeper to the position of Equipment
Operator I, effective May 16, 2011 -Submitted by Mark Rice, Public Works
Director
8. Recommendation of appointment of Debbie Ernst to the position of Equipment
Operator I, effective May 16, 2011 -Submitted by Mark Rice, Public Works
Director
Class B Beer License Permit Application
9. All Golf Center, 1850 W. Ridgeway Avenue (Renewal) (Expires 4/15/12)
(Includes Sunday Sales)
10.Lost Island Waterpark, Inc., 2225 E. Shaulis Road (New) (6 month license -
5/1/11 to 11/1/11) (Includes Sunday Sales)
Class C Beer License Permit Application
11.CVS/Pharmacy #8546, 2068 Logan Avenue (Renewal) (Expires 5/31/12)
(Includes Sunday Sales)
Class A Liquor License Permit Application
12.The Sunnyside Country Club, 1600 Olympic Drive (Renewal) (Expires 4/13/12)
(Includes Sunday Sales)
Class C Liquor License Permit Application
13.Hickory House, 315 Park Road (Renewal) (Expires 5/23/12)
14.Gates Park Golf Shop, 820 E. Donald Street (Renewal) (Expires 5/10/12)
(Includes Sunday Sales)
15.Hwy 63 Diner, 3030 Marnie Avenue (Renewal) (Expires 5/31/12) (Includes
Sunday Sales)
16.Waterloo Expo Services Corp., 317 W. 3rd Street (New) (Expires 12/31/11)
(Includes Sunday Sales)
Class E Liquor License Permit Application
17.CVS/Pharmacy #8546, 2068 Logan Avenue (Renewal) (Expires 5/31/12)
(Includes Sunday Sales)
Special Class C Beer/Wine. License Permit Application
18.Waterloo Bucks, 850 Park Road (New) (6 month license -5/5/11 to 11/5/11)
(Includes Sunday Sales)
Class B Wine License Permit Application
19.Hwy 63 Diner, 3030 Marnie Avenue (Renewal) (Expires 5/31/12) (Includes
Sunday Sales)
20.CVS/Pharmacy #8546, 2068 Logan Avenue (Renewal) (Expires 5/31/12)
(Includes Sunday Sales)
Outdoor Service Area Application
21.A11 Golf Center, 1850 W. Ridgeway Avenue
22.Lost Island Waterpark, Inc., 2225 E. Shaulis Road
23.The Sunnyside Country Club, 1600 Olympic Drive
24.Gates Park Golf Shop, 820 E. Donald Street
25.Waterloo Expo Services Corp., 317 W. 3rd Street
26.Waterloo Bucks, 850 Park Road
Second Hand Goods Dealers License Application
27.Jeffrey Parson of THR & Associates, Inc.
Vehicle For Hire Business License Application
28.Dolly's Taxi LLC
29.Bonds
May 2, 2011
Roll call vote -Ayes: Six. Absent: Greenwood. Motion carried.
PUBLIC HEARINGS
136383 - Schmitt/Hart
Page 3
that proof of publication of notice of public hearing on Rehabilitation of Apron
Phase 3A at Waterloo Regional Airport, as published in the Waterloo Courier on
April 21, 2011, be received and placed on file. Voice vote -Ayes: Six. Absent:
Greenwood. Motion carried.
136384 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Schmitt/Hart
that the hearing be closed. Voice vote -Ayes: Six. Absent: Greenwood. Motion
carried.
136385 - Schmitt/Hart
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with Rehabilitation of Apron Phase 3A at Waterloo Regional
Airport", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-341.
136386 - Schmitt/Hart
that "Resolution ordering construction in conjunction with Rehabilitation of
Apron Phase 3A at Waterloo Regional Airport", be adopted. Roll call vote -Ayes:
Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-342.
136387 - Schmitt/Hart
to receive, file and instruct City Clerk to open and read bids and refer to
Airport Director for review:
Bidder
Bid
Bond
Bid Amount
Allied Manatts Group LLC
PO Box 687
Charles City, Iowa 50616-0687
5%
$296,934.00
Cedar Valley Corporation
2637 Wagner Road
PO Box 1740
Waterloo, Iowa 50704
5%
$375,202.45
K Cunningham Construction, Co., Inc.
1025 Center Street
Cedar Falls, Iowa 50613
5%
$333,659.50
Peterson Contractors Inc.
Box A
Reinbeck, Iowa 50669-0155
5%
$317,096.25
Wicks Construction Inc.
2201 State Hwy 9
PO Box 428
Decorah, Iowa 52101-0428
5%
$334,885.15
Voice vote -Ayes: Six. Absent: Greenwood. Motion carried.
136388 - Getty/Hart
that proof of publication of notice of public hearing on F.Y. 2011 MidPort
Boulevard Extension - Phase II, Contract No. 802, as published in the Waterloo
Courier on April 21, 2011, be received and placed on file. Voice vote -Ayes:
Six. Absent: Greenwood. Motion carried.
136389 - 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: Six. Absent: Greenwood. Motion
carried.
May 2, 2011 Page 4
136390 - Getty/Hart
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with F.Y. 2011 MidPort Boulevard Extension - Phase II,
Contract No. 802", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-343.
136391 - Getty/Hart
that "Resolution ordering construction in conjunction with F.Y. 2011 MidPort
Boulevard Extension - Phase II, Contract No. 802", be adopted. Roll call vote -
Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-344.
136392 - Getty/Hart
to receive, file and instruct City Clerk to open and read bids and refer to City
Engineer for review:
Bidder
Bid
Bond
Bid Amount
Baker Concrete & Excavating
2203 E. Bremer Avenue
PO Box 277
Waverly, Iowa 50677
5%
$399,835.38
Cedar Valley Corporation
2637 Wagner Road
PO Box 1740
Waterloo, Iowa 50704
5%
$356,000.89
K Cunningham Construction Co., Inc.
1025 Center Street
Cedar Falls, Iowa 50613
5%
$327,577.64
Peterson Contractors Inc.
Box A
Reinbeck, Iowa 50669-0155
5%
$328,388.07
Stickfort Construction
PO Box 447
Hudson, Iowa 50643
5%
$309,232.46
Vieth Construction Corporation
6410 Nordic Drive
Cedar Falls, Iowa 50613
5%
$410,526.66
Voice vote -Ayes: Six. Absent: Greenwood. Motion carried.
136393 - Hart/Schmitt
that proof of publication of notice of public hearing on 4 Year Lease Agreement
with Michael Cook in the amount of $855.00 to farm approximately 9 acres of land
located along the north side of Martin Luther King, Jr. Drive, east of the City
View Heights Neighborhood, and west of the Northeast Industrial Park, as
published in the Waterloo Courier on April 28, 2011, be received and placed on
file. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried.
136394 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Hart/Schmitt
that the hearing be closed. Voice vote -Ayes: Six. Absent: Greenwood. Motion
carried.
136395 - Hart/Welper
that "Resolution approving lease agreement; and authorize Mayor and City Clerk
to execute said document", be adopted. Roll call vote -Ayes: Six. Absent:
Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-345.
136396 - Schmitt/Welper
that proof of publication of notice of public hearing on Reallocation of up to
$100,000.00 of General Obligation Bonds, Series 2006A and Series 2007A to pay
the costs for the clearance, upgrading and improvement of the RiverLoop Expo
Grounds, as published in the Waterloo Courier on April 28, 2011, be received and
placed on file. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried.
May 2, 2011
136397 - This being the time
and oral objections
Schmitt/Welper
Page 5
and place of public hearing, the Mayor called for written
and there were none.
that the hearing be closed. Voice vote -Ayes: Six. Absent: Greenwood. Motion
carried.
136398 - Schmitt/Welper
that "Resolution
said reallocation
and Series
of the
said
instituting proceedings to take additional action approve
of up to $100,000.00 of General Obligation Bonds, Series 2006A
2007A to pay the costs for the clearance, upgrading and improvement
RiverLoop Expo Grounds; and authorize Mayor and City Clerk to execute
documents", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
and
Resolution adopted and upon approval by Mayor assigned No. 2011-346.
RESOLUTIONS
136399 - Cole/Hart
that "Resolution approving Request to Release of Real Estate Mortgage for Loren
F. Steimel and Ruth M. Steimel of 10542 Kimball Avenue for payment of Promissory
Note in conjunction with the Kimball South Rural Water Main Project; and
authorize Mayor to execute said document -Submitted by Dennis Clark, General
Manager of Waterloo Water Works", be adopted. Roll call vote -Ayes: Six.
Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-347.
136400 - Cole/Hart
that "Resolution approving Request to Release of Real Estate Mortgage for Marsau
Farms, Ltd. of 8321 Hammond Avenue for payment of Promissory Note in conjunction
with the Kimball South Rural Water Main Project; and authorize Mayor to execute
said document -Submitted by Dennis Clark, General Manager of Waterloo Water
Works", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-348.
136401 - Cole/Hart
that "Resolution approving engaging of Berens -Tate Consulting Group to complete
required arbitrage testing for the general obligation bonds issued in 2006 in an
amount not to exceed $3,500.00 -Submitted by Michelle Weidner, Chief Financial
Officer", be adopted. Roll call•vote-Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-349.
136402 - Hart/Schmitt
that "Resolution approving the use of up to $275,000.00 of Rath Urban Renewal
Area Tax Increment Financing funds for the construction of a rail spur for Secor
Investments, LLC generally located in the Rath Urban Renewal Area -Submitted by
Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes:
Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-350.
136403 - Hart/Schmitt
that "Resolution approving the use of up to $100,000.00 of Downtown Tax
Increment Financing funds for the acquisition of property generally located in
the Downtown Urban Renewal Area -Submitted by Michelle Weidner, Chief Financial
Officer", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-351.
136404 - Hart/Schmitt
that "Resolution approving Bonds and Certificates of Insurance with Kelly
Demolition, LLC of Mount Vernon, Iowa Demolition and Site Clearance Services (no
regulated asbestos -containing materials) Group 1 in connection with Public
Assistance (PA) demolition activites of the Hazard Mitigation Grant Program
(HMGP) Property Acquisition Project -Submitted by Aric Schroeder, City Planner",
be adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-352.
May 2, 2011 Page 6
136405 - Getty/Hart
that "Resolution approving Acceptance of Purchase Offer for: 3.57 acres of
vacant wooded land adjacent to 302 N. Hackett Road, Parcel No. 8913-16-351-045,
The Avis Family Trust, in the amount of $4,284.00; and authorize Mayor and City
Clerk to execute said document -Submitted by Aric Schroeder, City Planner", be
adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-353.
136406 - Getty/Hart
that "Resolution approving 3 -Year Lease Agreement with Black Hawk County Board
of Supervisors for the use of Cloverdale Park located at Longfellow Street and
Midland Street; and authorize Mayor and City Clerk to execute said document -
Submitted by Paul Huting, Leisure Services Director", be adopted. Roll call
vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-354.
136407 - Getty/Hart
that "Resolution approving a farm lease,agreement with Bar Lee Farms, Ltd. to
farm approximately 3.35 acres of land generally located at the northwest corner
of West Shaulis Road and Ansborough Avenue at $145.00 per acre for a total
yearly payment of $485.75; and authorize Mayor and City Clerk to execute said
document -Submitted by Noel Anderson, Community Planning & Development Director",
be adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-355.
136408 - Hart/Getty
that "Resolution approving a farm lease agreement with Rousselow Bros. Farms.
Inc. to farm approximately 31 acres of land generally located at the northwest
corner of West Ridgeway Avenue and Martin Road at $120.00 per acre for a total
yearly payment of $3,720.00; and authorize Mayor and City Clerk to execute said
document -Submitted by Noel Anderson, Community Planning & Development Director",
be adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-356.
136409 - Hart/Getty
that "Resolution approving Notice of Discontinuation from NPDES Coverage Under
General Permit 2 to the Iowa Department of Natural Resources in conjunction with
F.Y. 2009 Big Rock Road Bridges Replacement with Culverts, Contract No. 739; and
authorize Mayor to execute said document -Submitted by Dennis Gentz, P.E.,
Assistant City Engineer", be adopted. Roll call vote -Ayes: Six. Absent:
Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-357.
136410 - Hart/Getty
that "Resolution approving Professional Service Agreement with The Samuels
Group, Inc. of Waterloo, Iowa for concrete replacement at Fire Stations Nos. 1,
3, 4 and 6 in an amount not to exceed $11,050.00 plus and additional 7 percent
of the actual construction costs not to exceed $500.00; and authorize Mayor to
execute said document -Submitted by Craig Clark, Building Official/Maintenance
Administrator", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-358.
136411 - Cole/Hart
that "Resolution approving agreement with InVision Architects of Waterloo, Iowa
for architectural services in conjunction with Waterloo Public Market Build Out
Phase in an amount not to exceed $30,000.00; and authorize Mayor to execute said
document -Submitted by Rick Curran, Leisure Services Facilities Manager", be
adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Paul Huting, Leisure Services Director, noted this item is not being funded
using tax dollars.
Resolution adopted and upon approval by Mayor assigned No. 2011-359.
May 2, 2011
136412 - Cole/Hart
Page 7
that "Resolution approving Contract for the Disaster Recovery Equipment
Reimbursement Assistance Program for Midtown Development at 501 Sycamore Street,
in the amount of $59,309.00; and authorize Mayor to execute said document -
Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes:
Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-360.
136413 - Cole/Hart
that "Resolution setting date of hearing as May 23, 2011 to approve proposed
repairs in conjunction with the Sidewalk Inspection and Repair Program - Zone 1;
and approve request to send out notification to property owners of proposed
sidewalk repairs and estimate of costs -Submitted by W. Wayne Castle, PLS, EI,
Associate Engineer; and instruct City Clerk to publish notice of hearing", be
adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-361.
136414 - Cole/Hart
that "Resolution setting date of hearing as June 6, 2011 for the acquisition or
condemnation of agricultural property required for the West Shaulis
Road/Ansborough Avenue Reconstruction Project; and rescinding Resolution No.
2011-308 in its entirety -Submitted by Aric Schroeder, City Planner; and instruct
City Clerk to publish notice of hearing", be adopted. Roll call vote -Ayes:
Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-362.
ORDINANCES
136415 - Welper/Schmitt
that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (7)
Fifth Street (W) of Section 549, Loading Zones; and enacting in lieu thereof a
new Subsection (7) Fifth Street (W) to Section 549, Loading Zones (installation
of 5 Minute Loading Zone Between Signs in the 1100 block of W. 5th Street at
Irving School)", be received, placed on file, considered and passed for the
first time. Roll call vote -Ayes: Six. Absent: Greenwood. Motion carried.
136416 - Welper/Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six. Absent: Greenwood.
Motion carried.
Mr. Schmitt noted that this is a public safety issue so he will be voting to
pass it on all three readings tonight.
136417 - Welper/Hart
that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (7)
Fifth Street (W) of Section 549, Loading Zones; and enacting in lieu thereof a
new Subsection (7) Fifth Street (W) to Section 549, Loading Zones (installation
of 5 Minute Loading Zone Between Signs in the 1100 block of W. 5th Street at
Irving School)", be considered and passed for the second and third times and
adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Ordinance adopted and upon approval by Mayor assigned No. 5044.
OTHER COUNCIL BUSINESS
136418 - Schmitt/Hart
that 2011-2015 Resource Enhancement and Protection Plan, be received and placed
on file. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried.
Paul Huting, Leisure Services Director, explained that this is a plan that has
been developed by the Black Hawk County Reap Commission.
136419 - Schmitt/Welper
to instruct Leisure Services Director to prepare plans, specifications, bid
document, etc. in conjunction with Purchase of 2011 Track Loader and
May 2, 2011 Page 8
Attachments, be approved. Voice vote -Ayes: Six. Absent: Greenwood. Motion
carried.
136420 - Schmitt/Welper
that plans, specifications, bid document, etc. in conjunction with Purchase of
2011 Track Loader and Attachments, be received and placed on file. Voice vote -
Ayes: Six. Absent: Greenwood. Motion carried.
136421 - Schmitt/Welper
that "Resolution preliminarily approving plans, specifications, bid document,
etc. in conjunction with Purchase of 2011 Track Loader and Attachments", be
adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-363.
136422 - Schmitt/Welper
that "Resolution setting date of hearing and bid opening as May 16, 2011 and
instructing City Clerk to publish notice of plans, specifications, bid document,
etc. and taking of bids in conjunction with Purchase of 2011 Track Loader and
Attachments", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-364.
ORAL PRESENTATIONS
Mr. Schmitt explained that at last weeks meeting concerns were raised regarding
the location of the Martin Luther King Jr. Peace Walk and that the committee is
taking those concerns under consideration so he will not be asking to place it
on the agenda at this time.
136423 - Cole/Hart
that the above oral comments be received and placed on file. Voice vote -Ayes:
Six. Absent: Greenwood. Motion carried.
ADJOURNMENT
136424 - Cole/Hart
that the Council adjourn at 6:06 p.m. Voice vote -Ayes: Six. Absent: Greenwood.
Motion carried.
Suzy :res
City Clerk