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HomeMy WebLinkAboutMinutes-11/14/2011N J November 14, 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, November 14, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Getty, Jones, Greenwood, Schmitt, Welper, Hart. Absent: Cole. Moment of Silence. Pledge of Allegiance: Mayor Buck Clark. 137601 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, November 14, 2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Absent: Cole. Motion carried. 137602 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, November 7, 2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Absent: Cole. Motion carried. CONSENT AGENDA 137603 - 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. 1-104, dated November 14, 2011, in the amount of $3,502,409.25, 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. 2011-1066. 2. Cancellation of assessment for 1823 City View Street; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation -Submitted by Suzy Schares, City Clerk. Resolution adopted and upon approval by Mayor assigned No. 2011-1067. 3. Request of Mark Minard for a concrete driveway to be located at 706 Cloverdale 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. 2011-1068. b. Motion to approve the following: 1. 2. 3. 4. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Michelle Weidner, Chief Financial Officer 16th Annual Governmental GAAP Update Webinar in office November 3, 2011 $180.00 Mike Schipper and 2nd possible instructor Fisher Controls Technician Recertification Marshalltown, Iowa November 9-11, 2011 $303.00 Sergeant Rasmussen Less Lethal Instructor Course Plainfield, Indiana November 27 - December 1, 2011 $2,070.00 Todd Henrich, LS Electrician Mechanical Code Waterloo, Iowa October 4, 2011 $110.00 November 14, 2011 Page 2 5. Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Jane Scott Cable TV Commission December 31, 2013 Re -Appointment Barbara Heinze Cable TV Commission December 31, 2013 New Appointment Class C Beer License Permit Application 6. Aldi, Inc. #33, 1918 Schukei Road (Renewal) (Expires 11/3/12) (Includes Sunday Sales) 7. Independence Ave Food & Liquor, 1761 Independence Avenue (New) (Expires 11/1/12) (Includes Sunday Sales) Class C Liquor License Permit Application 8. El Mecca Shrine Club, 325 E. Park Avenue (New) (Expires 10/28/12) 9. Volk Haus, 324 E. 4th Street (Renewal) (Expires 11/22/12) (Includes Sunday Sales) 10.The Brown Bottle, 209 W. 5th Street (Renewal) (Expires 10/21/12) (Includes Sunday Sales) Class E Liquor License Permit Application 11.Independence Ave Food & Liquor, 1761 Independence Avenue (New) (Expires 11/1/12) (Includes Sunday Sales) Special Class C Beer/Wine License Permit Application 12.Honey Garden Family Restaurant, 826 La Porte Road (New) (Expires 11/8/12) (Includes Sunday Sales) Class B Wine License Permit Application 13.Aldi, Inc. #33, 1918 Schukei Road (Renewal) (Expires 11/3/12) (Includes Sunday Sales) 14.Independence Ave Food & Liquor, 1761 Independence Avenue (New) (Expires 11/1/12) (Includes Sunday Sales) 15.Bonds Roll call vote -Ayes: Six. Absent: Cole. Motion carried. PUBLIC HEARINGS 137604 - Hart/Greenwood that proof of publication of notice of public hearing on F.Y. 2011 Waterloo Public Works Facility, Contract No. 810, as published in the Waterloo Courier on October 27, 2011, be received and placed on file. Voice vote -Ayes: Six. Absent: Cole. Motion carried. 137605 - 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: Six. Absent: Cole. Motion carried. 137606 - Hart/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Waterloo Public Works Facility, Contract No. 810", be adopted. Roll call vote -Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2011-1069. 137607 - Hart/Greenwood that "Resolution ordering construction in conjunction with F.Y. 2011 Waterloo Public Works Facility, Contract No. 810", be adopted. Roll call vote -Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2011-1070. November 14, 2011 Page 3 137608 - Hart/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to Public Works Director for review: Bidder Bid Security Base Bid Amount Cardinal Construction Waterloo, Iowa 5% $6,623,000.00 Henkel Construction Mason City, Iowa 5% $6,710,000.00 Kraemer Brothers Construction Plain, Wisconsin 5$ $6,897,000.00 Larson Construction Independence, Iowa 5% $6,200,000.00 Portzen Construction Dubuque, Iowa 5% $6,760,000.00 Rochen Construction Urbandale, Iowa 5% $6,840,000.00 Samuels Group Wausau, Wisconsin 5% $6,815,000.00 Tricon Construction Dubuque, Iowa 5% $6,818,000.00 Voice vote -Ayes: Six. Absent: Cole. Motion carried. RESOLUTIONS 137609 - Schmitt/Welper that "Resolution approving recommendation of award of contract in the amount of $149,700.00 to Peterson Contractors Inc. of Reinbeck, Iowa in conjunction with Demolition and Site Clearance Services (No Regulated Asbestos -Containing Materials) for the Former Grand Hotel located at 300 W. Mullan Avenue -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2011-1071. 137610 - Schmitt/Welper that "Resolution approving recommendation of award of contract in the amount of $63,250.50 to McClain and Company, Inc. of Waterloo, Iowa in conjunction with Demolition and Site Clearance Services (No Regulated Asbestos -Containing Materials) Group 2 for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2011-1072. 137611 - Schmitt/Welper that "Resolution approving request by Howard L. Allen Investments, Inc. for a Minor Site Plan Amendment to the "S-1" Shopping Center Commercial District and an alteration of the parking requirements for the property generally described as being east of 2825 Crossroads Boulevard, to allow for the development of a retail strip center with a 71 stall parking lot, approximately 13 stalls less than the approximate 84 stall required -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2011-1073. 137612 - Greenwood/Schmitt that "Resolution approving a lease agreement with Robert Klingenberg to lease approximately 1,100 square feet of city owned office space located at 1100 Sycamore Street for $1.00 per year; 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: Cole. Mr. Schmitt expressed concern with leasing office space for one dollar per year due to competing with the private sector. Noel Anderson, Community Planning and Development Director, reported that the building is in need of some maintenance and leasing the property will save the City in utilities. The maintenance will not be at the City's expense. November 14, 2011 Page 4 Mr. Welper clarified that the lease states that the City will not pay for any maintenance. Resolution adopted and upon approval by Mayor assigned No. 2011-1074. 137613 - Greenwood/Schmitt that "Resolution approving transfer of the remaining balance of $5,000.00 of the hotel/motel discretionary grant previously awarded August 2, 2010 to Main Street for marketing the Public Market to Leisure Services -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2011-1075. 137614 - Greenwood/Schmitt that "Resolution authorizing the submission of a Community Attraction and Tourism Program Marketing grant application in the amount of $15,000.00 to the Iowa Department of Economic Development Vision Iowa/CAT program -Submitted by Cammie Scully, Cultural & Arts Commission Director", be adopted. Roll call vote -Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2011-1076. ORDINANCES 137615 - Welper/Hart that "an Ordinance amending the 2008 Traffic Code by enacting a new Section 540A, Activated Hybrid Beacons in conjunction with Traffic Ordinance Change - Adding Activated Hybrid Beacons Section", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Absent: Cole. Motion carried. Sandie Greco, Traffic Superintendent, explained that the hybrid beacon is only activated by an emergency vehicle or by a pedestrian push button. 137616 - Welper/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Absent: Cole. Motion carried. 137617 - Welper/Hart that "an Ordinance amending the 2008 Traffic Code by enacting a new Section 540A, Activated Hybrid Beacons in conjunction with Traffic Ordinance Change - Adding Activated Hybrid Beacons Section", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Absent: Cole. Ordinance adopted and upon approval by Mayor assigned No. 5083. OTHER COUNCIL BUSINESS 137618 - Getty/Schmitt that Change Order No. 1 for a net increase of $67,668.84 for work performed by Americlean of Waterloo, Iowa in conjunction with Five Sullivan Brothers Convention Center Duct and Coil Cleaning -Submitted by Craig Clark, Building Official/Maintenance Administrator, be received, placed on file and approved. Voice vote -Ayes: Six. Absent: Cole. Motion carried. Mr. Schmitt clarified that this is the end of this project. Forest Dillavou, 1725 Huntington Road, expressed concern with the amount of change orders. Craig Clark, Building Official, reported that this is a second phase of the project and was not planned in the beginning. 137619 - Schmitt/Hart to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2011 Riverview Recreation Area Passive Unit Enhancement Phase II, be approved. Voice vote -Ayes: Six. Absent: Cole. Motion carried. November 14, 2011 Page 5 137620 - Schmitt/Hart that plans, specifications, form of contract, etc. in conjunction with 2011 Riverview Recreation Area Passive Unit Enhancement Phase II, be received and placed on file. Voice vote -Ayes: Six. Absent: Cole. Motion carried. 137621 - Schmitt/Hart that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with 2011 Riverview Recreation Area Passive Unit Enhancement Phase II", be adopted. Roll call vote -Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2011-1077. 137622 - Schmitt/Hart that "Resolution setting date of hearing and bid opening as December 5, 2011 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with 2011 Riverview Recreation Area Passive Unit Enhancement Phase II", be adopted. Roll call vote -Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2011-1078. ORAL PRESENTATIONS None 137623 - Hart/Schmitt that the council adjourn to Executive Session at 5:55 p.m. Roll call vote -Ayes; Six. Absent: Cole. Motion carried. City Attorney Jim Walsh stated that discussion of Iowa Code 21.5G, to avoid disclosure of specific law enforcement matters, which if disclosed would enable law violators to avoid detection is an approved topic of Executive Session. EXECUTIVE SESSION 137624 - Hart/Schmitt that the council adjourn Executive Session at 6:18 p.m. Voice vote -Ayes: Six. Absent: Cole. Motion carried. ADJOURNMENT 137625 - Hart/Schmitt that the Council adjourn at 6:19 p.m. Voice vote -Ayes: Six. Absent: Cole. Motion carried. Suzy Shares City Clerk