HomeMy WebLinkAboutMinutes-10/03/2011October 3, 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, October 3, 2011. Mayor Ernest G.
Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Brad Hagen, Airport Director.
137428 - Hart/Schmitt
that the Agenda, as amended adding a resolution approving an easement agreement
to item #4 , for the Regular Session on Monday, October 3, 2011, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
137429 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, September 26,
2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
Mayor Clark recognized the October 2011 Team Member of the Month, Rusty Zey.
CONSENT AGENDA
137430 - 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 October 3, 2011, in
the amount of $1,228,236.79, 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. 2011-958.
2. Request of Michael Carper for a concrete driveway to be located at 5169
Foulk Road, 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. 2011-959.
3. Cancellation of assessments for several properties; and authorize City
Clerk to notify Black Hawk County Treasurer of said cancellations -
Submitted by Suzy Schares, City Clerk.
Resolution adopted and upon approval by Mayor assigned No. 2011-960.
b. Motion to approve the following:
1.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Tim Moyer,
Electrical
Inspector; Dan
Youngblood,
Combination
Inspector
2011 Fall IAEI
Educational &
Business
Meeting
Altoona,
Iowa
October
13-14,
2011
$340.00
October 3, 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
Stacy Donlea
General Contractors
Board of Licensing,
Examiners and Appeals
June 30, 2014
-
New Appointment
Craig
Schwerdtfeger
General Contractors
Board of Licensing,
Examiners and Appeals
June 30, 2014
Re -Appointment
Derrick G.
Carter
Board of Electrical
Examiners & Appeals
November 1, 2014
Re -Appointment
John GuyBoard
of Electrical
Examiners & Appeals
November 1, 2014
Re -Appointment
GarySieben
Board of Electrical
Examiners & Appeals
November 1, 2014
Re -Appointment
Class C Beer License Permit Application
3. Kwik Star #380, 506 W. 9th Street (Renewal) (Expires 11/18/12) (Includes
Sunday Sales)
4. Tobacco Outlet Plus #500, 1803 LaPorte Road (Renewal) (Expires 10/14/12)
(Includes Sunday Sales)
5. Wine and Spirits #1, 2126 Kimball Avenue (Renewal) (Expires 11/14/12)
(Includes Sunday Sales)
6. Fareway Stores, Inc #951, 40 W. San Marnan Drive (Renewal) (Expires
11/15/12)
Class C Liquor License Permit Application
7. Damon's Sports Bar & Grill, 2122 Kimball Avenue (New) (Expires 8/8/12)
(Includes Sunday Sales)
8. Rudy's Tacos, 2401 Falls Avenue (Renewal) (Expires 9/27/12) (Includes
Sunday Sales & Brew Pub)
9. Casey's 218 Pub, 4010-4018 University Avenue (Renewal) (Expires 9/30/12)
(Includes Sunday Sales)
10.The Penalty Box, 118 Commercial Street (Renewal) (Expires 9/18/12)
(Includes Sunday Sales)
11.MaMa Nick's Circle Pizzeria, 1934 Washington Street (Renewal) (Expires
9/9/12) (Includes Sunday Sales)
12.The Hoist Bar & Grill, 814 LaPorte Road (Renewal) (Expires 8/31/12)
(Includes Sunday Sales)
13.Newton's Paradise Cafe, 128 E. 4th Street (New) (Expires 9/15/12) (Includes
Sunday Sales with Catering Privilege)
14.CU Restaurant & The Cellar, 320 E. 4th Street (Renewal) (Expires 10/14/12)
(Includes Sunday Sales with Catering Privilege)
Class E Liquor License Permit Application
15.Hy-Vee Food Store #1, 306 Byron Avenue (Transfer to 2834 Ansborough
Avenue) (Expires 10/25/11) (Includes Sunday Sales)
16.Wine and Spirits #1, 2126 Kimball Avenue (Renewal) (Expires 11/14/12)
(Includes Sunday Sales)
17.Fareway Stores, Inc #951, 40 W. San Marnan Drive (Renewal) (Expires
11/15/12)
Class B Wine License Permit Application
18.Wine and Spirits #1, 2126 Kimball Avenue (Renewal) (Expires 11/14/12)
(Includes Sunday Sales)
19.Fareway Stores, Inc #951, 40 W. San Marnan Drive (Renewal) (Expires
11/15/12)
Class B Native Wine License Permit Application
20.Newton's Paradise Cafe, 128 E. 4th Street (New) (Expires 9/15/12) (Includes
Sunday Sales with Catering Privilege)
Outdoor Service Area Application
21.Casey's 218 Pub, 4010-4018 University Avenue
22.The Penalty Box, 118 Commercial Street
23.The Hoist Bar & Grill, 814 LaPorte Road
24.Newton's Paradise Cafe, 128 E. 4th Street
25.CU Restaurant & The Cellar, 320 E. 4th Street
26.Bonds
Roll call vote -Ayes: Seven. Motion carried.
October 3, 2011
Mayor Clark recognized the new board appointments.
PUBLIC HEARINGS
137431 - Getty/Cole
Page 3
that proof of publication of notice of public hearing on Rental of Three (3)
Motor Graders to Support Snow Removal Operations, as published in the Waterloo
Courier on September 29, 2011, be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
137432 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Getty/Welper
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
137433 - Getty/Cole
that "Resolution confirming approval of specifications, bid document, etc. in
conjunction with Rental of Three (3) Motor Graders to Support Snow Removal
Operations", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-961.
137434 - Getty/Cole
that "Resolution authorizing to proceed in conjunction with Rental of Three (3)
Motor Graders to Support Snow Removal Operations", be adopted. Roll call vote -
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-962.
137435 - Getty/Cole
to receive, file and instruct City Clerk to open and read bids and refer to
Public Works Director for review:
Bidder
Bid Amount
Murphy Tractor
& Equipment Co.
P.O. Box 2520
$50,400.00 at
Waterloo, Iowa
50704-2520
$12,600.00 each
Voice vote -Ayes: Seven. Motion carried.
137436 - Schmitt/Welper
that proof of publication of notice of public hearing on Purchase of Police
Department Armored Law Enforcement Tactical Vehicle, as published in the
Waterloo Courier on September 29, 2011, be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
137437 - 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.
137438 - Schmitt/Welper
that "Resolution confirming approval of specifications, bid document, etc. in
conjunction with Purchase of Police Department Armored Law Enforcement Tactical
Vehicle", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-963.
137439 - Schmitt/Welper
that "Resolution authorizing to proceed in conjunction with Purchase of Police
Department Armored Law Enforcement Tactical Vehicle", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-964.
October 3, 2011
137440 - Schmitt/Welper
Page 4
to receive, file and instruct City Clerk to open and read bids and refer to
Director of Safety Services for review:
Bidder
Bid Amount
LENCO Armored Vehicles
10 Betnr Industrial Drive
Pittsfield, Massachusetts
01201
$228,607.00
Voice vote -Ayes: Seven. Motion carried.
137441 - Welper/Schmitt
that proof of publication of notice of public hearing on Request of Patrick B.
Rooff for Pat's Auto Salvage for the vacation, sale and conveyance of a portion
of Lowell Avenue from Mitchell Avenue to Regal Avenue for $1,400.00 for the
purpose of expanding Pat's Auto Salvage business use area, as published in the
Waterloo Courier on September 29, 2011, be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
137442 - This being the time and place of public hearing, the Mayor called for written
and oral objection and there were none.
Welper/Schmitt
Mr. Greenwood expressed concern on the utilities in the easement area. Noel
Anderson, Community Planning and Development Director, reported that there is an
easement agreement to allow access when necessary. There have not been any
recent water or sewer utility issues in that area. Mr. Getty expressed concerns
with the lack of fencing to the property. Noel Anderson, Community Planning and
Development Director, reported that the school was sold to Mr. Rooff but will
place fencing when this piece is conveyed.
Pat Rooff, 1005 Sheffield Avenue, reported that the fence will be put up next
week once this transaction takes place.
Mr. Greenwood asked what property is owned by Mr. Rooff. Mr. Rooff explained
what property he owns and reported that he is working on securing the area. He
reported that there would be no issue getting on the property if there is a need
to.
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
137443 - Welper/Schmitt
that "an Ordinance vacating a portion of Lowell Avenue from Mitchell Avenue to
Regal Avenue in conjunction with Request of Patrick B. Rooff for Pat's Auto
Salvage for the vacation, sale and conveyance of a portion of Lowell Avenue from
Mitchell Avenue to Regal Avenue for $1,400.00 for the purpose of expanding Pat's
Auto Salvage business use area", be received, placed on file, considered and
passed for the first time. Roll call vote -Ayes: Seven. Motion carried.
137444 - Welper/Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six. Nay: one (Getty).
Motion carried.
137445 - Welper/Schmitt
that "an Ordinance vacating a portion of Lowell Avenue from Mitchell Avenue to
Regal Avenue", be considered and passed for the second and third times and
adopted. Roll call vote -Ayes: Six. Nay: One (Getty).
Ordinance adopted and upon approval by Mayor assigned No. 5077.
137446 - Welper/Schmitt
that "Resolution authorizing said sale and conveyance, and authorize City
Attorney to prepare and deliver deed accordingly in conjunction with Request of
Patrick B. Rooff for Pat's Auto Salvage for the vacation, sale and conveyance of
a portion of Lowell Avenue from Mitchell Avenue to Regal Avenue for $1,400.00
for the purpose of expanding Pat's Auto Salvage business use area", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-965.
October 3, 2011 Page 5
137447 - Welper/Schmitt
that "Resolution approving easement agreement in conjunction with Request of
Patrick B. Rooff for Pat's Auto Salvage for the vacation, sale and conveyance of
a portion of Lowell Avenue from Mitchell Avenue to Regal Avenue for $1,400.00
for the purpose of expanding Pat's Auto Salvage business use area; and Mayor and
City Clerk authorized to execute said document", be adopted. Roll call vote -
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-966.
137448 - Hart/Greenwood
that proof of publication of notice of public hearing on Request of Northeast
Iowa Food Bank, Inc. for the vacation of Stanley Court located north of
Lafayette Street, as published in the Waterloo Courier on September 29, 2011, be
received and placed on file. Voice vote -Ayes: Seven. Motion carried.
137449 - This being the time and place of public hearing, the Mayor called for written
and oral objection.
Duane Eilers, objected to the sale and had concerns with who is going to
maintain the road. He reported that this would limit access to his property.
Noel Anderson, Community Planning and Development Director, reported that his
office has attempted to contact Mr. Eilers. The adjoining property owners will
still be able to use this property.
Barb Prather, Northeast Iowa Food Bank, reported that the food bank will
maintain the road and will allow access to adjoining property owners.
Reggie Schmitt, Northeast Iowa Food Bank, reported that this will be the main
truck entrance into the food bank and will be maintained.
Hart/Cole
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.
137450 - Hart/Cole
that "an Ordinance a vacating Stanley Court located north of Lafayette Street in
conjunction with Request of Northeast Iowa Food Bank, Inc. for the vacation of
Stanley Court located north of Lafayette Street", be received, placed on file,
considered and passed for the first time. Roll call vote -Ayes: Seven. Motion
carried.
137451 - Hart/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.
137452 - Hart/Cole
that "an Ordinance vacating Stanley Court located north of Lafayette Street", 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. 5078.
137453 - Hart/Welper
that proof of publication of notice of public hearing on Property Exchange
Agreement with Northeast Iowa Food Bank, Inc. for the sale and conveyance of
city -owned property located at 123 Stanley Court and surrounding property
including Stanley Court and Lot 22 of Parkview for $1.00, and city to acquire
the existing Food Bank site located at 106-116 East llth Street in the future
for $343,770.00 plus up to $5,000.00 in closing costs, as published in the
Waterloo Courier on September 30, 2011, be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
137454 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Duane Eilers, expressed concern with the funding of this project and expressed
concern that other cities serviced by the food bank are not contributing to this
property acquisition. Mr. Hart reported that other cities
October 3, 2011 Page 6
Reggie Schmitt, Northeast Iowa Food Bank, reported that the purchase price is
the difference in price between the two properties.
John McCoy, Northeast Iowa Food Bank, spoke is support of the food bank and the
project.
Hart/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
137455 - Hart/Welper
that "Resolution authorizing said sale and conveyance, and authorize City
Attorney to prepare and deliver deed accordingly in conjunction with a Property
Exchange Agreement with Northeast Iowa Food Bank, Inc. for the sale and
conveyance of city -owned property located at 123 Stanley Court and surrounding
property including Stanley Court and Lot 22 of Parkview for $1.00, and city to
acquire the existing Food Bank site located at 106-116 East llth Street in the
future for $343,770.00 plus up to $5,000.00 in closing costs", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-967.
137456 - Hart/Welper
that "Resolution approving said development agreement; and authorize Mayor and
City Clerk to execute said document in conjunction with a Property Exchange
Agreement with Northeast Iowa Food Bank, Inc. for the sale and conveyance of
city -owned property located at 123 Stanley Court and surrounding property
including Stanley Court and Lot 22 of Parkview for $1.00, and city to acquire
the existing Food Bank site located at 106-116 East llth Street in the future
for $343,770.00 plus up to $5,000.00 in closing costs", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-968.
RESOLUTIONS
137457 - Cole/Hart
that "Resolution approving recommendation of acceptance of bid from Ultramax of
Rapid City, South Dakota in the amount of $30,323.00 for the Purchase of FY 12
Ammunition Needs -Submitted by Daniel Trelka, Director of Safety Services", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-969.
137458 - Cole/Hart
that "Resolution approving Services Agreement with Lund Fire Protection Services
of Norwalk, Iowa for technical assistance for the building owner and assistance
in fire protection plan review at no cost to the city; and authorize Mayor to
execute said document -Submitted by Pat Treloar, Chief of Fire Services", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-970.
137459 - Cole/Hart
that "Resolution approving Master Services Agreement with Trillion Aviation of
Austin, Texas for air service development professional services in the amount of
$24,000.00, with a 20 percent possible city match; and authorize Mayor to
execute said document -Submitted by Bradley Hagen, Airport Director", be adopted.
Roll call vote -Ayes: Seven,
Resolution adopted and upon approval by Mayor assigned No. 2011-971.
137460 - Schmitt/Welper
that "Resolution approving contract with the Iowa Department of Public Safety
Governor's Traffic Safety Bureau for an Alcohol Incentive Grant in the amount of
$50,350.000, with no required local match; and authorize Mayor to execute said
document -Submitted by Daniel Trelka, Director of Safety Services", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-972.
October 3, 2011 Page 7
137461 - Schmitt/Welper
that "Resolution approving the Acquisition Contract with Stone Holdings LLC for
the acquisition of 319 West 2nd Street in the amount of $63,000.00, with up to
$10,000.00 in city closing costs; and authorizing the 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. 2011-973.
137462 - Schmitt/Welper
that "Resolution approving Reconstruction and Overlay Street Improvements Lists
for 2012 -Submitted by Eric Thorson, P.E., City Engineer", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-974.
137463 - Greenwood/Schmitt
that "Resolution approving Acceptance of Improvements of the Preserve at
Crossroads (Paving, Sanitary Sewer And Storm Sewer) performed by Stickfort
Construction Co. of Hudson, Iowa; and receive and file two-year Maintenance
Bond -Submitted by Dennis Gentz, P.E., Assistant City Engineer", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-975.
137464 - Greenwood/Schmitt
that "Resolution approving Certificate of Insurance with A -Line Iron & Metals of
Waterloo, Iowa for scrap metal pickup services for the City -Submitted by Mark
Rice, Public Works Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2011-976.
ORAL PRESENTATIONS
Forest Dillavou, 1725 Huntington Road, expressed concern with purchasing the
food bank property for the Sportsplex.
Mayor Clark spoke in support of the Sportsplex.
137465 - Hart/Welper
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
137466 - Hart/Welper
that the Council adjourn at 6:14 p.m. Voice vote -Ayes: Seven. Motion carried.
zy Scha es
City Clerk