HomeMy WebLinkAboutMinutes-10/10/20111
October 10, 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 10, 2011. Mayor Ernest G.
Clark in the Chair. Roll Call: Cole, Getty, Jones, Schmitt, Welper, Hart. Absent:
Greenwood.
Moment of Silence.
Pledge of Allegiance: Mayor Buck Clark
137467 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, October 3,
2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Absent:
Greenwood. Motion carried.
137468 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, October 10,
2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Absent:
Greenwood. Motion carried.
CONSENT AGENDA
137469 - 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. 1-73, dated October 10, 2011, in
the amount of $2,631,258.69, 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. 2011-977.
2. Request of Waterloo Convention & Visitors Bureau & Trekman Racing to hold
5K and 10K races on Saturday, November 5, 2011 beginning at 9:00 a.m.
traveling streets through the downtown and ending at Soldier's and Sailors
Park -Submitted by Daniel J. Trelka, Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2011-978.
3. Request of Splash of Color Breast Cancer Support Group for a variance to
the Noise Ordinance to hold 1st Annual Fundraiser 3K Breast Cancer Walk on
Saturday, October 22, 2011 to start at 7:30 a.m. traveling along East 4th
Street beginning and ending at Sullivan Park, and will including a DJ and
the use of a PA system, together with recommendation of approval of
Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2011-979.
4. Request of Seeds of Hope for a variance to the Noise Ordinance to hold
Rock the Purple event on Saturday, October 15, 2011 at Lincoln Park from
12:00 p.m. to 6:00 p.m., to include a DJ and the use of a PA system,
together with recommendation of approval of Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2011-980.
5. Request of Brian Dorothy for a concrete driveway to be located at 907
Oregon 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. 2011-981.
6. Request of Tom Dvorak for a concrete driveway to be located at 179 Lowder
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. 2011-982.
October 10, 2011
Page 2
7. 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. 2011-983.
b. Motion to approve the following:
1.
2.
3.
4.
Travel Requests
Address
Amount to
certify
517
Campbell
Avenue
$992.16
321
East 1st
Street
$2,600.00
609
Baltimore
Street
$975.00
2775
Logan Avenue
$7,142.24
Resolution adopted and upon approval by Mayor assigned No. 2011-983.
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
Jeff Siebel,
Building
Maintenance
Fall Plumbing
& HVAC
Conference
Waterloo,
Iowa
October
10-11,
2011
$476.00
Captain Pillack
8th Annual
Governor's
Homeland
Security
Conference
Des Moines,
Iowa
November
1-2, 2011
$335.08
Tim Moyer,
Electrical
Inspector; Dan
Youngblood,
Combination
Inspector
2011 Fall IAEI
Educational &
Business
Meeting
Altoona,
Iowa
October
13-14,
2011
$340.00
Abraham L.
Funchess,
Executive
Director
National Fair
Housing
Training
Academy -
Investigation
Training
Washington,
D.C.
October
2-8, 2011
$3,805.00
Class C Liquor License Permit Application
5. BHC United, 910 W. 5th Street (Ownership Update) (Effective 9/13/11)
(Includes Sunday Sales)
Special Class C Beer/Wine License Permit Application
6. Honey Garden Family Restaurant, 826 La Porte Road (Renewal) (Expires
9/14/12) (Includes Sunday Sales)
Outdoor Service Area Application
7. The Drunken Monkey, 307 W. 4th Street
Vehicle For Hire Business License Application
8. R & MA Inc, 1120 Doreen Avenue Apt #2
Cigarette/Tobacco Permit Application
9. Cosmic Concepts Ltd t/a Media Star Promotions, 257 Ansborough Avenue
Roll call vote -Ayes: Six. Absent: Greenwood. Motion carried.
PUBLIC HEARINGS
137470 - Schmitt/Welper
that "an Ordinance adopting the City of Waterloo Zoning Ordinance, which updates
and replaces the existing City of Waterloo Zoning Ordinance No. 2479 adopted on
February 3, 1969", be received, placed on file, considered and passed for the
first time. Roll call vote -Ayes: Six. Absent: Greenwood. Motion carried.
Cheryl Christiansen, 1702 E. Mitchell, requested that this item be tabled to
allow citizens more time to review this document.
Mayor Clark noted that this document has been worked on for several years and
there has been a work session.
a
October 10, 2011
137471 - Schmitt/Welper
Page 3
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Five. Nay: One (Schmitt).
Absent: Greenwood. Motion failed for lack of majority vote.
137472 - Hart/Welper
that proof of publication of notice of public hearing on Request for Proposal
for Asbestos Abatement Services Group 2 for the Hazard Mitigation Grant Program
(HMGP) Property Acquisition Project, as published in the Waterloo Courier on
October 4, 2011, be received and placed on file. Voice vote -Ayes: Six. Absent:
Greenwood. Motion carried.
137473 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Hart/Welper
that the hearing be closed. Voice vote -Ayes: Six. Absent: Greenwood. Motion
carried.
137474 - Hart/Welper
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with Request for Proposal for Asbestos Abatement Services
Group 2 for the Hazard Mitigation Grant Program (HMGP) Property Acquisition
Project", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-984.
137475 - Hart/Welper
that "Resolution ordering construction in conjunction with Request for Proposal
for Asbestos Abatement Services Group 2 for the Hazard Mitigation Grant Program
(HMGP) Property Acquisition Project", be adopted. Roll call vote -Ayes: Six.
Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-985.
137476 - Hart/Welper
to receive, file and instruct City Clerk to open and read bids and refer to
Community Planning & Development Director for review:
Bidder
Guarantee by
c e
certified check
or bid bond
(yes or no)
Total lump sum bid (total cost
based on the tabulated amounts
from each property bid tab)
Abatement Specialties, LLC
201 30th St. Dr. SE
Cedar Rapids, Iowa 52403
5%
$59,410.00
Active Thermal Concepts
2805 Stonegate Ct.
Hiawatha, Iowa 52233
5%
$59,440.00
Advanced Environmental
803 Ricker Street
Waterloo, Iowa 50703
5%
$49,480.00
Evan Inspection Services
15253 Hollywood Rd
Monticello, Iowa 52310
Bid was inadvertently opened -
it is for another Asbestos Project
Great Plains Asbestos Control, Inc.
P.O. Box 39
820 East Railroad Street
Kearney, Nebraska 68848-0039
5%
$57,450.00
Iowa -Illinois Taylor Insulation, Inc.
P.O. Box 2810
Davenport, Iowa 52809
5%
$77,546.00
Voice vote -Ayes: Six. Absent: Greenwood. Motion carried.
RESOLUTIONS
137477 - Getty/Cole
that "Resolution approving the purchase of 12 Panasonic Toughbook laptop
computers and docking stations from the State of Iowa bid in the amount of
$49,500.00 -Submitted by Daniel Trelka, Director of Safety Services", be adopted.
Roll call vote -Ayes: Five. Nay: One (Jones). Absent: Greenwood.
October 10, 2011
Page 4
Mr. Jones asked if the Police Department has researched other technology. Dan
Trelka, Director of Public Safety, stated this is the industry standard to
handle the environment of the squad car and the information systems technician
recommended it.
Resolution adopted and upon approval by Mayor assigned No. 2011-986.
137478 - Getty/Cole
that "Resolution approving recommendation of award of bid to Lenco Armored
Vehicles of Pittsfield, Massachusetts in the amount of $228,607.00 for the
Purchase of Police Department Armored Law Enforcement Tactical Vehicle -Submitted
by Daniel Trelka, Director of Safety Services", be adopted. Roll call vote -
Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-987.
137479 - Getty/Cole
that "Resolution approving recommendation of award of bid to Murphy Tractor &
Equipment Co. of Waterloo, Iowa in the amount of $50,400.00 for the Rental of
Three (3) Motor Graders to Support Snow Removal Operations -Submitted by Mark
Rice, Public Works Director", be adopted. Roll call vote -Ayes: Six. Absent:
Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-988.
137480 - Getty/Cole
that "Resolution approving request by Sean Duggan to purchase a 24' x 24' (576
square foot) detached garage from 910 West Shaulis Road in the amount of
$500.00 -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. 2011-989.
137481 - Cole/Hart
that "Resolution approving award of hotel/motel discretionary funding to the
following entities: Cultural & Arts Department in the amount of $10,000.00;
Leisure Services in the amount of $5,400.00; and Waterloo Regional Airport in
the amount of $7,000.00 -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. 2011-990.
137482 - Cole/Hart
that "Resolution approving 2011 Secure Our Schools Grant funding from U.S.
Department of Justice in the amount of $71,390.00; and authorize Mayor to
execute said document -Submitted by Daniel Trelka, Director of Safety Services",
be adopted. Roil call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-991.
137483 - Cole/Hart
that "Resolution approving and accepting certain acquisition contracts and deeds
to sell real property to the City of Waterloo for the partial acquisition of
right-of-way, permanent easements and temporary easements related to the West
Shaulis Road/Ansborough Avenue reconstruction project from: L&H Farms, Ltd. in
the amount of $13,744.50; and authorize Mayor and City Clerk to execute said
documents -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. 2011-992.
137484 - Cole/Hart
that "Resolution setting date of hearing as October 24, 2011 to approve Request
of Westfield Lofts Condominium Association on the vacation, sale and conveyance
of a portion of former Westfield Avenue right-of-way adjacent to 25 West
Commercial Street for $1.00; and instruct City Clerk to publish notice -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. 2011-993.
October 10, 2011
ORDINANCES
137485 - Getty/Welper
Page 5
To table "an Ordinance amending the 2008 Traffic Code by Adding a New Subsection
(47a) Golden Valley Drive to Section 553, No Parking Here to Corner in
conjunction with Ordinance Change - No Parking Here To Corner on the South Side
of the 1600 Block of Golden Valley Drive" for one week. Ayes: Six. Absent:
Greenwood.
137486 - Hart/Welper
that "an Ordinance amending the City Code of Ordinance, Title 3 Business and
License Regulations, Chapter 2 Liquor Control in conjunction with Amendment to
City Code of Ordinance, Title 3 Business and License Regulations, Chapter 2
Liquor Control", be received, placed on file, considered and passed for the
first time. Roll call vote -Ayes: Six. Absent: Greenwood. Motion carried.
Mr. Welper asked who is going to police the business owner and when will the
business owner be required to keep the property clean. Jim Walsh, City Attorney,
reported this would be at the discretion of the judge and the code enforcement
officers.
137487 - Hart/welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Five. Nays: One (Schmitt).
Motion failed for lack of majority vote.
OTHER COUNCIL BUSINESS
137488 - Schmitt/Welper
to reject bids and instruct Public Works Director to prepare new plans,
specifications, form of contract, etc. in conjunction with F.Y. 2011 Waterloo
Public Works Facility, Contract No. 810, be approved. Voice vote -Ayes: Six.
Absent: Greenwood. Motion carried.
137489 - Schmitt/Welper
that plans, specifications, bid document, form of contract, etc.in conjunction
with F.Y. 2011 Waterloo Public Works Facility, Contract No. 810, be received and
placed on file. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried.
137490 - Schmitt/Welper
that "Resolution preliminarily approving plans, specifications, bid document,
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:
Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-994.
137491 - Schmitt/Welper
that "Resolution setting date of hearing and bid opening as November 14, 2011
and instruct City Clerk to publish notice of plans, specifications, bid
document, 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: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-995.
137492 - Cole/Hart
to instruct Community Planning & Development Director to prepare plans,
specifications, form of contract, etc. in conjunction with Request for Proposals
for Demolition and Site Clearance Services (No Regulated Asbestos -Containing
Materials) for the Former Grand Hotel, be approved. Voice vote -Ayes: Six.
Absent: Greenwood. Motion carried.
137493 - Cole/Hart
that plans, specifications, form of contract, etc. in conjunction with Request
for Proposals for Demolition and Site Clearance Services (No Regulated Asbestos -
Containing Materials) for the Former Grand Hotel, be received and placed on
file. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried.
October 10, 2011 Page 6
137494 - Cole/Hart
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with Request for Proposals for Demolition and Site
Clearance Services (No Regulated Asbestos -Containing Materials) for the Former
Grand Hotel", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-996.
137495 - Cole/Hart
that "Resolution setting date of hearing and bid opening as October 24, 2011 and
instruct City Clerk to publish notice of plans, specifications, form of
contract, etc. in conjunction with Request for Proposals for Demolition and Site
Clearance Services (No Regulated Asbestos -Containing Materials) for the Former
Grand Hotel", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2011-997.
ORAL PRESENTATIONS
Robert Klingenberg, 1111 Bourland Avenue, asked for Council to donate the 657A
property located at 116 W. Parker. He reported that his organization is a 501(C)
and will be eligible for grants once the deed to the property is obtained.
Mayor Clark instructed Mr. Klingenberg to set up a work session to explain the
program. He explained that there is a process in place to gain ownership to
these properties and his request would require an exception to this process.
Mayor Clark reported that the weather is dry and the exception to the burn ban
is only to recreational fires, which do not include yard waste. There is a
penalty if a violation to the burn ban is found.
137496 - Hart/Cole
that the above oral comments be received and placed on file. Voice vote -Ayes:
Six. Absent: Greenwood. Motion carried.
ADJOURNMENT
137497 - Hart/Cole
that the Council adjourn at 6:01
Motion carried.
p.m.
Voice vote -Ayes: Six. Absent: Greenwood.
Suzy Schar:s
City Clerk