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HomeMy WebLinkAboutMinutes-10/24/2011October 24, 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 24, 2011. Mayor Ernest G, Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Larry Smith, Superintendent of Waste Management Services. 137528 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, October 24, 2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 137529 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, October 17, 2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark recognized Mike McNamee for 30 years of service in the Police Department. Mayor Clark read a Proclamation declaring November 6-12, 2011 as Radiologic Technology Week. CONSENT AGENDA 137530 - 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. 1-57, dated October 24, 2011, in the amount of $4,514,786.50, 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. 2011-1013. b. Motion to approve the following: 2. 3. 4. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Officer Gergen & Officer Erie Physical Conflict Resolution Sioux City, Iowa December 4-9, 2011 $376.00 10 Law Enforcement Officers LEIN Conference Johnston, Iowa October 2-5, 2011 $3,782.88 Nancy Gulick, Community Development Coordinator; Danielle Rohret, Project Specialist New Grantee Training for Lead Grant Annapolis, Maryland November 13-17, 2011 $3,800.00 Officer Pohl ICAC Shift Mental Health Wellness Training Lincoln, Nebraska November 3-4, 2011 $308.00 5. Recommendation of appointment of Steven Sturtz to the position of Permit Writer, effective October 31, 2011 -Submitted by Craig Clark, Building Official/Maintenance Administrator 6. Recommendation of appointment of Tina Schellhorn to the position of Electrical Foreman, effective October 25, 2011 -Submitted by Sandie Greco, Traffic Operations Superintendent October 24, 2011 Page 2 7. Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Louise E. Porter Airport June 30,2015 New Appointment ppointment Annette Henninger Human Rights Commission January 1, 2013 New Appointment Class B Beer License Permit Application 8. LaMichuacana Restaurant, 1221 Franklin Street (Renewal) (Expires 11/1/12) (Includes Sunday Sales) Class C Beer License Permit Application 9. New Star Liquor, 1625 W. 4th Street (Renewal) (Expires 12/10/12) (Includes Sunday Sales) Class C Liquor License Permit Application 10.Espresso Cafe Oasis, 307 W. 5th Street (Renewal) (Expires 9/15/12) (Includes Sunday Sales) 11.WESCO, 317 W. 3rd Street (Temporary Transfer) (10/28-30/2011) (Includes Sunday Sales) 12.LJ's Neighborhood Grill & Bar, 3550 Kimball Avenue (Renewal) (Expires 11/5/12) (Includes Sunday Sales) Class E Liquor License Permit Application 13.New Star Liquor, 1625 W. 4th Street (Renewal) (Expires 12/10/12) (Includes Sunday Sales) Class B Wine License Permit Application 14.New Star Liquor, 1625 W. 4th Street (Renewal) (Expires 12/10/12) (Includes Sunday Sales) Outdoor Service Area Application 15.LJ's Neighborhood Grill & Bar, 3550 Kimball Avenue 16.Karma Bar, 309 W. 4th Street Vehicle For Hire Business License Application 17.The Loop Taxi & Transportation LLC, 121 Webster Street Roll call vote -Ayes: Seven. Motion carried. Mayor Clark recognized the newly appointed board and commission members. He also congratulated the newly hired and promoted employees. PUBLIC HEARINGS 137531 - Getty/Hart that the hearing and bid opening be postponed until November 7, 2011; and instruct City Clerk to publish said notice in conjunction with Demolition and Site Clearance Services (No Regulated Asbestos -Containing Materials) for the Former Grand Hotel, be approved. Voice vote -Ayes: Seven. Motion carried. 137532 - Schmitt/Welper that proof of publication of notice of public hearing on 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 to Westfield Lofts Condo Association, as published in the Waterloo Courier on October 14, 2011, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137533 - This being the time and place of public hearing, the Mayor called for written and oral objection and there were none. Schmitt/Welper that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Voice vote - Ayes: Seven. Motion carried. October 24, 2011 Page 3 137534 - Schmitt/Welper that "an Ordinance vacating a portion of former Westfield Avenue right-of-way adjacent to 25 West Commercial Street in conjunction with 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 to Westfield Lofts Condo Association", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137535 - Schmitt/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. 137536 - Schmitt/Welper that "an Ordinance vacating a portion of former Westfield Avenue right-of-way adjacent to 25 West Commercial 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. 5082. 137537 - Schmitt/Welper that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1014. RESOLUTIONS 137538 - Cole/Hart that "Resolution approving award of bid to Compressed Air & Equipment of La Porte City, Iowa in the amount of $33,246.00 for the Purchase of One (1) Sullair 425 Air Compressor -Submitted by JB Bolder, Golf & Downtown Area Maintenance Manager", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1015. 137539 - Cole/Hart that "Resolution approving the installation of a speed hump at 1917 Maynard Avenue -Submitted by Sandie Greco, Traffic Operations Superintendent", be adopted. Roll call vote -Ayes: Seven. Mr. Getty questioned why this speed hump is being installed. Sandie Greco, Superintendent of Traffic Operations, explained that a speed study has been conducted and the speed was lowered to 15 miles per hour. The average speed is still 35 mph and the neighbors have petitioned to install a speed hump. Resolution adopted and upon approval by Mayor assigned No. 2011-1016. 137540 - Cole/Hart that "Resolution approving Third Amendment to contract with Clark, Butler, Walsh & Hamann dated November 1, 2009 for legal services pertaining to the City of Waterloo's Hazard Mitigation Grant Program to extend the term of the contract for an additional period of six (6) months, from November 1, 2011 to April 30, 2012; and authorize Mayor and City Clerk to execute said document -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1017. 137541 - Hart/Cole that "Resolution approving Third Amendment to contract with Title Services Corporation dated November 1, 2009 for abstracting services pertaining to the City of Waterloo's Hazard Mitigation Grant Program to extend the term of the contract for an additional period of six (6) months, from November 1, 2011 to April 30, 2012; and authorize Mayor and City Clerk to execute said document - Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1018. October 24, 2011 Page 4 137542 - Hart/Cole that "Resolution approving Bonds and Certificates of Insurance with Advanced Environmental Testing and Abatement, Inc. of Waterloo, Iowa in conjunction with Asbestos Abatement Services Group 2 in connection with Public Assistance (PA) demolition activities of the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project; and authorize Mayor and City Clerk to execute said documents -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1019. 137543 - Hart/Cole that "Resolution approving First Amendment to Development Agreement with Robert F. Huff and Kaye M. Huff for tax rebates for improvements at 3328 Wagner Road; 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. 2011-1020. 137544 - Getty/Hart that "Resolution approving Professional Agreement with AECOM in an amount not to exceed $39,500.00 for construction related work related to the East and West Fifth Street Parking Ramp repairs;_ and authorize Mayor to execute said documents -Submitted by Craig Clark, Building Official/Maintenance Administrator", be adopted. Roll call vote -Ayes: Seven. Mr. Welper said a study had been conducted regarding the few years ago. Craig Clark, Building Official, reported ramp was studied but the other half of the ramp has Schindel, AECOM Project Manager, reported the stairwells has been done but the extensive study was only done on Ramp. parking ramps that the Park not been and some the East Resolution adopted and upon approval by Mayor assigned No. 2011-1021. 137545 - Getty/Hart only a Avenue done. Doug resurfacing Park Avenue that "Resolution approving award of Two -Year Contract with Matt Parrott/Storey Kenworthy Company for General Office Supplies, Printer Cartridge/Toner Supplies & Paper Supplies; and authorize Mayor and City Clerk to execute said documents - Submitted by Suzy Schares, City Clerk", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1022. 137546 - Getty/Hart that "Resolution approving cancellation of Monday, November 28, 2011 and Monday, December 26, 2011 City Council meetings due to the Holidays; and authorize City Clerk to publish notice of cancellations -Submitted by Suzy Schares, City Clerk", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1023. 137547 - Getty/Hart that "Resolution approving Assignment and Assumption of the current Development Agreement from Lee Enterprises, Incorporated to FDP OC, L.L.C., for property generally located at 501-503 Commercial Street; 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. 2011-1024. OTHER COUNCIL BUSINESS 137548 - Schmitt/Welper that Change Order No. 1 for a net increase of $390.00 for work performed by Prairie Construction Co. Inc. of Waterloo, Iowa in conjunction with 2011 Public Market Window Replacement and New Vestibules -Submitted by Rick Curran, Leisure Services Facilities Manager, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. October 24, 2011 137549 - Schmitt/Welper Page 5 that Change Order No. 4 for a net increase of $174,980.00 for work performed by Vieth Construction Corporation of Cedar Falls, Iowa in conjunction with F.Y. 2010 Cedar River Water Trail, Contract No. 734 -Submitted by Jamie Knutson, P.E., Associate Engineer, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark explained ,that as they were doing the 7th Street portage they found that the river wall was deteriorating. There was no way to know until they got into the project. Eric Thorson, City Engineer, stated due to the causeway being installed the wall is being repaired to avoid additional expense in the future. 137550 - Hart/Welper to instruct Community Planning & Development Director to prepare Request for Proposals, plans, specifications, form of contract, etc. 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, be approved. Voice vote -Ayes: Seven. Motion carried. 137551 - Hart/Welper that Request for Proposals, plans, specifications, form of contract, etc. 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, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137552 - Hart/Welper that "Resolution preliminarily approving Request for Proposals, plans, specifications, form of contract, etc. 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", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1025. 137553 - Hart/Welper that "Resolution setting date of hearing and bid opening as November 7, 2011 and instructing City Clerk to publish said notice 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", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1026. ORAL PRESENTATIONS Mayor Clark announced that today is Mr. Getty's birthday and last week was his 51St wedding anniversary. ADJOURNMENT 137554 - Hart/Cole that the Council adjourn at 5:54 p.m. Voice vote -Ayes: Seven. Motion carried. zy c :res City Clerk