HomeMy WebLinkAboutMinutes-04/02/2012April 2, 2012
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, April 2, 2012. Mayor Ernest G. Clark
in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Sheryl McGovern, Library Director.
137719 - Hart/Schmitt
that the Agenda, as amended adding the funding for the mini -grant program to
item #7 , for the Regular Session on Monday, April 2, 2012, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
137720 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, March 26,
2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
Mayor Clark proclaimed April 2010 as Fair Housing Month (Kathy Albert, President
of the Waterloo Cedar Falls Board of Realtors & Carol Deeds, Chair of Fair
Housing).
Mayor Clark recognized the April Team Member of the Month, Mike Guild.
CONSENT AGENDA
137721 - 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. 1-56, dated April 2, 2012, in the
amount of $1,193,522.14, 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. 2012-280.
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. 2012-281.
3. Request of Dr. Walter Cunningham School of Excellence to hold Cunningham
5K Walk/Run event to be held at Dr. Walter Cunningham School of Excellence
on Saturday, April 28, 2012 from 9:00 a.m to 10:00 a.m., together with
approval of Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2012-282.
4. Request of Waterloo Business and Professional Women for a variance to the
Noise Ordinance to hold Equal Pay Day Rally event to be held at Lincoln
Park on Tuesday, April 17, 2012 from 3:00 p.m to 5:30 p.m., including a
band and the use of a PA system, together with approval of Director of
Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2012-283.
Address
Amount to
certify
1929
East
4th Street
$1,200.00
339
Adams
Street
$3,250.00
415
Peek
Street
$2,150.00
1022
Ash
Street
$2,340.00
1934
Washington Street
$9,300.00
Resolution adopted and upon approval by Mayor assigned No. 2012-281.
3. Request of Dr. Walter Cunningham School of Excellence to hold Cunningham
5K Walk/Run event to be held at Dr. Walter Cunningham School of Excellence
on Saturday, April 28, 2012 from 9:00 a.m to 10:00 a.m., together with
approval of Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2012-282.
4. Request of Waterloo Business and Professional Women for a variance to the
Noise Ordinance to hold Equal Pay Day Rally event to be held at Lincoln
Park on Tuesday, April 17, 2012 from 3:00 p.m to 5:30 p.m., including a
band and the use of a PA system, together with approval of Director of
Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2012-283.
April 2, 2012 Page 2
5. Request of Financial Resource Advisors for a variance to the Noise
Ordinance to hold FRA Car Show event to be held at 816 West Tower Park
Drive on Saturday, June 9, 2012 from 4:00 p.m to 9:00 p.m., including a DJ
and the use of a PA system, together with approval of Director of Safety
Services.
Resolution adopted and upon approval by Mayor assigned No. 2012-284.
6. Request of George Wyth State Park for an exception to burning yard waste
to burn approximately 10 acres of prairie grass located between Wyth Lake
and the main park road; and 3 acres of prairie grass located at the far
west end of the park near the Lodge during the time period of April -May
2012, together with recommendation of approval of the Chief of Fire
Services.
Resolution adopted and upon approval by Mayor assigned No. 2012-285.
7. Request of Hawkeye Community College for an exception to burning yard
waste to burn 1.5 acres of prairie grass located east of Hawkeye Center
and Campus View Drive; and 6 acres of prairie grass located north of
Arboretum Drive west of Hess Road during the time period of March -May
2012, together with recommendation of approval of the Chief of Fire
Services.
Resolution adopted and upon approval by Mayor assigned No. 2012-286.
b. Motion to approve the following:
Class B Beer License Permit Application
1. South Hills Golf Course, 1830 E. Shaulis Road (Renewal) (Expires
3/31/2013) (Includes Sunday Sales)
Class B Liquor License Permit Application
2. The Isle Casino Hotel Waterloo, 777 Isle of Capri Boulevard (Renewal)
(Expires 4/30/2013) (Includes Sunday Sales)
Class C Liquor License Permit Application
3. J's R & B Lounge, 501 Independence Avenue (Renewal) (Expires 4/6/2013)
(Includes Sunday Sales)
4. Babe's Tap, 210 Division Street (Renewal) (Expires 3/14/2013) (Includes
Sunday Sales)
5. Fortunes, 328 Elm Street (Renewal) (Expires 3/27/2013) (Includes Sunday
Sales)
Outdoor Service Area Application
6. Jameson's Public House, 310 East 4th Street
7. South Hills Golf Course, 1830 E. Shaulis Road
8. The Isle Casino Hotel Waterloo, 777 Isle of Capri Boulevard
9. Fortunes, 328 Elm Street
Fireworks Display Application
10.Request of The VGM Group for The Heartland Conference 2012 taking place at
1111 W. San Marnan Drive -SW field on June 4, 2012.
11.Bonds
12.Motion to receive and file Mayor Clark's recommendation of the following
appointments:
Appointee
Board/Commission
Expiration
Date
New or Re -
Appointment
Bonetta Culp
Civil Service Commission
April 1, 2018
Reappointment
c. Motion to deny the following:
1. Request of Phillip N. Destival to burn large brush piles (includes tree
limbs, branches, tree stumps, etc.) located at 4026 Hess Road during the
time period of April 9, 2012, together with recommendation of denial of
the Chief of Fire Services.
Roll call vote -Ayes: Seven. Motion carried. Ms. Cole abstained from item
1.b.10, as it is her employer.
April 2, 2012
APPEALS
137722 - Welper/Schmitt
Page 3
to deny the appeal of Andrew Peterson regarding taxi -cab driver. Roll call vote -
Ayes: Seven. Motion carried.
RESOLUTIONS
137723 - Jones/Hart
that "Resolution approving submission of Black Hawk Gaming grant in the amount
of $222,459.00 to be used for a three phased public art project -Submitted by
Cammie Scully, Waterloo Cultural and Arts Commission Director", be adopted.
Roll call vote -Ayes: Seven.
Mr. Welper expressed concern with the mural and the graffiti that could occur.
Cammie Scully, Culture and Arts Director, noted that there is a committee
working on this project and there will be a call for proposal. The mural will be
coated so it can be cleaned if necessary. The public art committee will review
the artwork. Mr. Hart supports the project and noted that other communities are
doing this type of project.
Resolution adopted and upon approval by Mayor assigned No. 2012-287.
137724 - Jones/Hart
that "Resolution approving submission of Iowa Department of Transportation USTEP
grant in the amount of $16,115.00, with city's portion in the amount of
$13,185.00, to be used for the installation of solar powered radio controlled
advance end of green flashing beacons on the U.S. 63 southbound approach to
Airline Highway -Submitted by Sandie Greco, Traffic Operations Superintendent",
be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-288.
137725 - Jones/Hart
that "Resolution approving submission of Black Hawk Gaming grant in the amount
of $150,000.00 to be used to purchase a central traffic signal control system -
Submitted by Sandie Greco, Traffic Operations Superintendent", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-289.
137726 - Schmitt/Welper
that "Resolution approving Convention and Visitors Bureau Board recommendations
for funding the following hotel/motel tax mini -grant request: Iowa Auto
Recyclers in the amount of $3,000.00 for Iowa Auto Recyclers Summer Outing 2012
event on June 8-9, 2012 -Submitted by Aaron Buzza, Executive Director of Waterloo
Convention & Visitors Bureau", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-290.
137727 - Schmitt/Welper
that "Resolution approving Convention and Visitors Bureau Board recommendations
for funding nineteen (19) FYE2013 hotel/motel tax grant applications in the
total amount of $133,837.32 and funding for the mini -grant program in the amount
of $20,162.68 -Submitted by Aaron Buzza, Executive Director of Waterloo
Convention & Visitors Bureau", be adopted. Roll call vote -Ayes: Seven.
Mr. Schmitt questioned if for -profits and non -profits are rated the same in this
process. Aaron Buzza, Executive Director of Waterloo Convention & Visitors
Bureau, explained that they are not weighed on whether they are for-profit or
non-profit but rather how they fit into the criteria set by the board.
Government agencies are eligible to apply and be awarded grant funds. Mr. Hart
questioned if all those that scored above 65% were awarded funds. Mr. Buzza
responded that this year there was enough funds to fund all these requests. Mr.
Schmitt expressed concern with allowing for-profit to apply for grants. Mr.
Buzza stated that the board looked at the overall goals and the board will be
looking at these questions and will take it into consideration. The
organizations are required to submit financials and invoices for the use of the
funds. In the future the Board will be asking for additional documentation.
Resolution adopted and upon approval by Mayor assigned No. 2012-291.
April 2, 2012 Page 4
137728 - Schmitt/Welper
that "Resolution approving agreement with Waterloo Water Works for Water Main
Replacement in conjunction with F.Y. 2012 Street Reconstruction Program,
Contract No. 819; and authorize Mayor and City Clerk to execute said document -
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. 2012-292.
137730 - Getty/Schmitt
that Change Order No. 3 for a net increase of $75,713.40 for work performed by
Aspro, Inc. of Waterloo, Iowa in conjunction with F.Y. 2011 Asphalt Overlay
Program, Contract No. 796; and authorize Mayor and City Clerk to execute said
document -Submitted by Jamie Knutson, P.E., Associate Engineer, be received,
placed on file and approved. Voice vote -Ayes: Seven. Motion carried.
137731 Getty/Schmitt
that "Resolution approving Completion of Project and Recommendation of
Acceptance of Work performed by Aspro, Inc. of Waterloo, Iowa at a total cost of
$3,938,896.59 in conjunction with F.Y. 2011 Asphalt Overlay Program, Contract
No. 796, and receive and file two-year maintenance bond -Submitted by Eric
Thorson, P.E., City Engineer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-293.
137732 Getty/Schmitt
that "Resolution approving agreement with Hellman of Waterloo, Iowa in the
amount of $62,440.00 for another year of traffic safety education and capital
campaign; and authorize Mayor and City Clerk to execute said document -Submitted
by Sandie Greco, Traffic Operations Superintendent", be adopted. Roll call
vote -Ayes: Seven.
Sandie Greco, Traffic Operations Superintendent, explained this is an ongoing
campaign that has included billboards, newspapers, and the goal is to go into
the school system. This is the last year of the grant.
Forest Dillavou, 1720 Huntington Road, expressed concern with the change order
for the asphalt overlay program. They are not completing all the streets that
are bid.
Resolution adopted and upon approval by Mayor assigned No. 2012-294.
137733- Hart/Cole
that "Resolution to fix date of hearing as April 16, 2012 on the issuance of not
to exceed $800,000.00 General Obligation Bonds for essential corporate purposes
of said City, the proceeds of which bonds will be used to provide funds to pay
costs of aiding in the planning, undertaking and carrying out of urban renewal
project activities under the authority of the Urban Renewal Plan for the
Downtown Waterloo Urban Renewal and Redevelopment Plan Area and Chapter 403 of
the Code of Iowa, including the acquisition of properties for public and private
redevelopment; and authorize City Clerk to publish notice of same -Submitted by
Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-295.
137734- Hart/Cole
that "Resolution setting the date of hearing as April 16, 2012 to receive and
approve Plans and Specifications for the construction of the Cedar Valley
SportsPlex facility and providing for publication of the notice thereof -
submitted by Mayor Buck Clark", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-296.
April 2, 2012
137735- Cole/Welper
Page 5
that "Resolution setting the date of hearing as April 16, 2012 for the approval
to authorize a lease purchase agreement between the City of Waterloo and the
Waterloo Development Corporation for the purpose of acquiring a multi -use
recreational and athletic facility complex to be known as the Cedar Valley
SportsPlex and providing for publication of the notice thereof -Submitted by
Mayor Buck Clark", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-297.-
137736- Cole/Welper
that "Resolution approving setting date of hearing as April 16, 2012 to sell and
convey real property for the Cedar Valley Sportsplex generally located between
West 1st Street and West 3rd Street, between Washington Street and Jefferson
Street to the Waterloo Development Corporation for $1.00, subject to the
retention of a utility easement over, under and upon the portion of vacated
Washington Street -Submitted by Aric Schroeder, City Planner", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-298.
137737- Cole/Welper
that "Resolution approving request for temporary parking to be allowed on the
North Side of the 2900 to 3100 blocks of West Shaulis Road -Submitted by Sandie
Greco, Superintendent of Traffic Operations", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-299.
ORDINANCES
137738 - Greenwood/Schmitt
that "an Ordinance amending the 2008 Traffic Code by adding Section 580B, No
parking except Friday, Saturday and Sunday from 12:00 noon to 10:00 p.m. in
conjunction with Ordinance Change - No Parking Except Friday, Saturday and
Sunday from 12:00 Noon to 10:00 p.m. on the North side of the 200 block of
Wellington Street", be received, placed on file, considered and passed for the
first time. Roll call vote -Ayes: Seven. Motion carried.
137739 - Greenwood/Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
137740 - Greenwood/Schmitt
that "an Ordinance amending the 2008 Traffic Code by adding Section 580B, No
parking except Friday, Saturday and Sunday from 12:00 noon to 10:00 p.m. in
conjunction with Ordinance Change - No Parking Except Friday, Saturday and
Sunday from 12:00 Noon to 10:00 p.m. on the North side of the 200 block of
Wellington 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. 5109.
137741 - Schmitt/Welper
that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (331)
Rhey Street of Section 551, Parking prohibited at all times on certain street;
and enacting in lieu there of a new Subsection (331) Rhey Street of Section 551,
Parking prohibited at all times on certain streets in conjunction with Ordinance
Change - No Parking This Side on the West side of the 700 Block of Rhey Street",
be received, placed on file, considered and passed for the first time. Roll
call vote -Ayes: Seven. Motion carried.
Cassie Matlock, expressed concern with the ordinance noting that there has not
been an issue for the last 13 years. Ms. Matlock noted that the turnabout is not
plowed during the winter.
April 2, 2012 Page 6
Sandie Greco, Traffic Operations Superintendent, reported that the school ha5
contacted them and requested this be passed. The Fire Department has also
requested parking on one side only.
Mr. Hart questioned where the residents would be able to park. Ms: Greed
explained that parking will be on one side and they could park in the turn
around at the end of the road.
137742 - Schmitt/Welper
that rules requiring ordinances to be considered and voted for passage et two
prior meetings be suspended. Roll call vote -Ayes: Six. Nay: One (Greenwood):
Motion carried.
137743 - Schmitt/Welper
that "an Ordinance amending the 2008 Traffic Code by 'repealing Subsection',.(331)
Rhey Street of Section 551, Parking prohibited at all imes Oft 'certain street;
and enacting in lieu there of a new Subsection (331) Rhey Street of Section 551,
Parking prohibited at all times on certain streets in conjunction with Ordinance
Change - No Parking This Side on the West side of the 700 Block df Rhey'Street",
be considered and passed for the second and third times and adopted: Roll call
vote -Ayes: Five. Nay: Two (Greenwood/Schmitt).
Ordinance adopted and upon approval by Mayor assigned No: 5110.
OTHER COUNCIL BUSINESS
137744 - Hart/Welper
to instruct Traffic Operations Superintendent to prepare plans, specifications,
form of contract, etc. in conjunction with Traffic Communications Infrastructure
Upgrade - Fiber Optics Phase I-1, be approved. Voice vote=Ayes: Seven. Motion
carried.
137745 - Hart/Welper
that plans, specifications, form of contract, etc. in conjunction with Traffic
Communications Infrastructure Upgrade - Fiber Optics Phase I-1, be received and
placed on file. Voice vote -Ayes: Seven. Motion carried.
137746 - Hart/Welper
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with Traffic Communications Infrastructure Upgrade
- Fiber Optics Phase I-1", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-300.
137747 - Hart/Welper
that "Resolution setting date of hearing and bid opening as May 7, 2012; and
instruct City Clerk to publish notice of plans, specifications, form of
contract, etc. in conjunction with Traffic Communications Infrastructure Upgrade
- Fiber Optics Phase I-1", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-301.
137748 - Hart/Greenwood
to instruct Public Works Director to prepare specifications, bid document, etc.
in conjunction with Conversion of the City -Wide 2 -Way Radio System, be approved.
Voice vote -Ayes: Seven. Motion carried.
Mark Rice, Public Works Director, reported that this is a FCC mandate to update
the radio system.
137749- Hart/Greenwood
that specifications, bid document, etc. in conjunction with Conversion of the
City -Wide 2 -Way Radio System, be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
April 2, 2012 Page 7
137750 - Hart/Greenwood
that "Resolution preliminarily approving specifications, bid document, etc. in
conjunction with Conversion of the City -Wide 2 -Way Radio System", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-302.
137751 - Hart/Greenwood
that "Resolution setting date of hearing and bid opening as May 7, 2012; and
instruct City Clerk to publish notice of specifications, bid document, etc. and
taking of bids in conjunction with Conversion of the City -Wide 2 -Way Radio
System", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-303.
ORAL PRESENTATIONS
Mayor Clark requested for volunteers to staff the household and electronic drop-
off sponsored by Waste Trac on April 14, 2012.
137752 - Hart/Cole
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
137753 - Hart/Cole
that the Council adjourn at 6:16 p.m. Voice vote -Ayes: Seven. Motion carried.
Suzy Scha es
City Cler