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HomeMy WebLinkAboutMinutes-02/06/2012February 6, 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, February 6, 2012. Mayor Ernest G. Clark in the Chair. Roll Call: Jones, Greenwood, Schmitt, Welper, Hart. Absent: Cole, Getty. Moment of Silence. Pledge of Allegiance: Jim Walsh, City Attorney. 137365 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, February 6, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Five. Absent: Cole, Getty. Motion carried. 137366 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, January 30, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Five. Absent: Cole, Getty. Motion carried. Mayor Clark recognized Gladys Rainey as the February Team Member of the Month. CONSENT AGENDA 137367 - 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. 1-65, dated February 6, 2012, in the amount of $973,682.24, 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. 2012-108. 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. 2012-109. b. Motion to approve the following: 1. 2. Travel Requests Address Amount to certify 1002 Mobile Street $2,000.00 201 Locust Street $1,100.00 708 Adams Street $920.00 1260 West Donald Street $3,750.00 Resolution adopted and upon approval by Mayor assigned No. 2012-109. b. Motion to approve the following: 1. 2. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Dan Trelka, Director of Safety Services; Captain Mohlis; Lieutenant Krogh; Lieutenant McNamee; Lieutenant Cirksena; Lieutenant Payne Finding The Leader in You Cedar Rapids, Iowa March 1- 2, 2012 $2,154.0p Investigator Hesse ICAC TLP P2P 'Ankeny, Iowa February 21-23, 2012 $430.00 February 6, 2012 3. 4. Page 2 Lieutenant Campbell; Sergeant Ludwig; Officer Stratton; Officer Del Valle Female Enforcers Seminar St. Paul, Minnesota March 11-12, 2012 $1,117.00 Luke Even, Forestry Foreman Midwestern Chapter of the International Overland Park, Kansas February 1-3, 2012 $750.00 Marilyn Robinson Society of December 31, 2014 Re -Appointment Arboriculture's Memorial Hall Commission December 31, 2014 66th Annual Randy Miller Memorial Hall Commission December 31, Conference Re -Appointment John Mrzlak Memorial Hall Commission 5. Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Craig White Memorial Hall Commission December 31, 2014 Re -Appointment Marilyn Robinson Memorial Hall Commission December 31, 2014 Re -Appointment Richard Hurtado Memorial Hall Commission December 31, 2014 Re -Appointment Randy Miller Memorial Hall Commission December 31, 2014 Re -Appointment John Mrzlak Memorial Hall Commission December 31, 2014 Re -Appointment Michael Dennis Memorial Hall Commission December 31, 2014 Re -Appointment Melvin Wittwer Memorial Hall Commission December 31, 2014 Re -Appointment Richard Hockey Memorial Hall Commission December 31, 2014 Re -Appointment Class C Beer License Permit Application 6. Liquor and Tobacco Outlet, 2844 University Avenue (New) (Expires 2/1/13) (Includes Sunday Sales) 7. La Magdalena, 1010 E. Mitchell Avenue #8 (New) (Expires 10/1/12) (Includes Sunday Sales) Class C Liquor License Permit Application 8. National Dairy Cattle Congress, 250 Ansborough Avenue (Renewal) (Expires 2/28/13) (Includes Sunday Sales & Catering) 9. BHC United, 910 W. 5th Street (Renewal) (Expires 1/12/13) (Includes Sunday Sales) 10.Demi's Blue Martini Lounge, 728 Commercial Street (New) (Expires 1/19/13) (Includes Sunday Sales) Class E Liquor License Permit Application 11.Liquor and Tobacco Outlet, 2844 University Avenue (New) (Expires 2/1/13) (Includes Sunday Sales) Class B Wine License Permit Application 12.Liquor and Tobacco Outlet, 2844 University Avenue (New) (Expires 2/1/13) (Includes Sunday Sales) Class B Native Wine License Permit Application 13.La Magdalena, 1010 E. Mitchell Avenue #8 (New) (Expires 10/1/12) (Includes Sunday Sales) Outdoor Service Area Application 14.Demi's Blue Martini Lounge, 728 Commercial Street Cigarette Permit Application 15.La Magdalena, 1010 E. Mitchell Avenue #8 Roll call vote -Ayes: Five. Absent: Cole, Getty. Motion carried. Mr. Schmitt abstained from the bills payment to Schmitt Telecom. February 6, 2012 Page 3 PUBLIC HEARINGS 137368 - Greenwood/Schmitt that proof of publication of notice of public hearing on Purchase of Six (6) 2013 Model Year Patrol Cars, as published in the Waterloo Courier on January 19, 2012, be received and placed on file. Voice vote -Ayes: Five. Absent: Cole, Getty. Motion carried. 137369 - This being the time and place of public hearing, the Mayor called for written and oral objection and there were none. Mr. Schmitt questioned the number of Police vehicles in the City. Dan Trelka, Director of Safety Services, reported that the City is slowly downsizing the fleet. Mr. Welper asked if the front wheel drive would be able to handle the use it will have. Mark Rice, Public Works Director, reported that the vehicles would be all wheel drive. Greenwood/Schmitt that the hearing be closed. Voice vote -Ayes: Five. Absent: Cole, Getty. Motion carried. 137370 - Greenwood/Schmitt that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of Six (6) 2013 Model Year Patrol Cars", be adopted. Roll call vote -Ayes: Five. Absent: Cole, Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-110. 137371 - Greenwood/Schmitt that "Resolution authorizing to proceed in conjunction with Purchase of Six (6) 2013 Model Year Patrol Cars", be adopted. Roll call vote -Ayes: Five. Absent: Cole, Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-111. 137372 - Greenwood/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Public Works Director for review: Bidder Bid Amount Bill Colwell Ford/Isuzu 238 Waterloo Road PO Box 270 Hudson, Iowa 50643 $143,442.00 Stivers Ford Lincoln $142,926.00 1450 E. Hickman Road Waukee, Iowa 50263 Voice vote -Ayes: Five. Absent: Cole, Getty. Motion carried. RESOLUTIONS 137373 - Jones/Welper that "Resolution approving recommendation of award of contract to Advanced Environmental in the amount of $4,830.00 for asbestos abatement services of 910 West Shaulis Road -Submitted by Christopher Western, Planner II", be adopted. Roll call vote -Ayes: Five. Absent: Cole, Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-112. 137374 - Jones/Welper that "Resolution approving Contracts, Bonds and Certificates of Insurance in the amount of $49,600.00 with B & B Builders & Supply of Waterloo, Iowa in conjunction with 2012 Riverfront Sports Park Shelter Project; and authorize Mayor and City Clerk to execute said documents -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Roll call vote -Ayes: Five. Absent: Cole, Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-113. February 6, 2012 Page 4 137375 - Jones/Welper that "Resolution approving Notice of Intent for NPDES Coverage Under General Permit to the Iowa Department of Natural Resources for storm water discharges in conjunction with F.Y. 2012 East Donald Street Transportation Improvements, Contract No. 797; and authorize Mayor to execute said document -Submitted by Eric Thorson, P.E., City Engineer", be adopted. Roll call vote -Ayes: Five. Absent: Cole, Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-114. 137376 - Schmitt/Welper that "Resolution approving Professional Services Agreement with AECOM in the amount of $36,800.00 for engineering services in conjunction with Cedar River Enhancement Projects; and authorize Mayor to execute said document -Submitted by Jamie Knutson, P.E., Associate Engineer", be adopted. Roll call vote -Ayes: Five. Absent: Cole, Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-115. 137377 - Schmitt/Welper that Change Order No. 21 for a net decrease of $79,524.49 for work performed by Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2007 Waterloo Dam Rehabilitation and River Wall Reconstruction, Contract No. 713; and authorize Mayor to execute said document -Submitted by Jamie Knutson, P.E., Associate Engineer, be received, placed on file and approved. Voice vote -Ayes: Five. Absent: Cole, Getty. Motion carried. 137378 - Schmitt/Welper that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Peterson Contractors, Inc. of Reinbeck, Iowa at a total cost of $6,205,250.95 in conjunction with F.Y. 2007 Waterloo Dam Rehabilitation and River Wall Reconstruction, Contract No. 713; and receive and file two-year Maintenance Bond -Submitted by Eric Thorson, P.E., City Engineer", be adopted. Roll call vote -Ayes: Five. Absent: Cole, Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-116. 137379 - Welper/Schmitt that "Resolution approving Lease Agreement with JSA Development, LLC to rent space located at West 5th and Jefferson Streets for $1,000.00 per month for the Downtown Area Maintenance Crew to continue to maintain the downtown area - Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager", be adopted. Roll call vote -Ayes: Five. Absent: Cole, Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-117. 137380 - Welper/Schmitt that "Resolution approving Project Safe Neighborhood Grant in the amount of $6,905.00, with no required local match, as a sub -recipient from the Iowa Governor's Office of Drug Control Policy to be used in overtime for weapons violation enforcement -Submitted by Dan Trelka, Director of Safety Services", be adopted. Roll call vote -Ayes: Five. Absent: Cole, Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-118. 137381 - Welper/Schmitt that "Resolution approving Project Safe Neighborhood Grant in the amount of $11,317.00, with no required local match, as a sub -recipient from the Iowa Governor's Office of Drug Control Policy to be used in overtime for weapons violation enforcement -Submitted by Dan Trelka, Director of Safety Services", be adopted. Roll call vote -Ayes: Five. Absent: Cole, Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-119. February 6, 2012 Page 5 137382 - Hart/Welper that "Resolution setting date of hearing as February 20, 2012 to approve request by FEPH-Acquisitions Fund II, LLC to rezone 4.58 acres from "C-2" Commercial District and "R-3" Multiple Residence District to "C -P" Planned Commercial District, to allow for the construction of a new 13,225 square foot CVS Pharmacy Stores, as well as a future 18,761 square foot retail building, for property generally located at the northeast corner of East 1st Street and Franklin Street, more commonly known as the Immanuel Lutheran Church and School site; and instruct City Clerk to publish notice -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Five. Absent: Cole, Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-120. 137383 - Hart/Welper that "Resolution setting date of hearing as February 20, 2012 to approve request by FEPH-Acquisitions Fund II, LLC to vacate portions of Walnut Street and, Almond Street right-of-way to allow for the construction of a new CVS Pharmacy; and instruct City Clerk to publish notice- Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Five. Absent: Cole, Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-121. 137384 - Hart/Welper that "Resolution setting date of hearing as February 20, 2012 to approve a Development Agreement with FEPH-Acquisitions Fund II, LLC for the construction of a 13,225 square foot CVS Pharmacy at the northeast corner of Franklin Street and Highway 63, with an increased taxable value of $1,500,000.00 and tax rebates for 6 years at 100 percent; and instruct City Clerk to publish notice. - Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Five. Absent: Cole, Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-122. OTHER COUNCIL BUSINESS 137385 - Jones/Hart that Change Order No. 2 for a net increase of $7,409.48 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: Five. Absent: Cole, Getty. Motion carried. Craig Clark, Building Official, reported that this would be on a five-year maintenance cycle. 137386 - Jones/Hart that Change Order No. 1 for a net increase of $753.00 for the Purchase of FY12 Ammunition Needs from Ultramax of Rapid City, South Dakota -Submitted by Dan Trel,ka, Director of Safety Services, be received, placed on file and approved. Voice vote -Ayes: Five. Absent: Cole, Getty. Motion carried. 137387 - Greenwood/Schmitt to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2012 Highland Park Basketball & Tennis Court Project, be approved. Voice vote -Ayes: Five. Absent: Cole, Getty. Motion carried. 137388 - Greenwood/Schmitt that plans, specifications, form of contract, etc. in conjunction with 2012 Highland Park Basketball & Tennis Court Project, be received and placed on file. Voice vote -Ayes: Five. Absent: Cole, Getty. Motion carried. 137389 - Greenwood/Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with 2012 Highland Park Basketball & Tennis Court Project", be adopted. Roll call vote -Ayes: Five. Absent: Cole, Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-123. February 6, 2012 Page 6 137390 - Greenwood/Schmitt that "Resolution setting date of hearing and bid opening as February 20, 2012 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with 2012 Highland Park Basketball & Tennis Court Project", be adopted. Roll call vote -Ayes: Five. Absent: Cole, Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-124. 137391 - Schmitt/Welper to instruct Community Planning & Development Director to prepare Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Demolition and Site Clearance Services (No Regulated Asbestos -Containing Materials) for 212 Jefferson, 302 Jefferson, 306-308 Jefferson, 312 Jefferson and 319 West 2nd Street, be approved. Voice vote -Ayes: Five. Absent: Cole, Getty. Motion carried. 137392 - Schmitt/Welper that Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Demolition and Site Clearance Services (No Regulated Asbestos -Containing Materials) for 212 Jefferson, 302 Jefferson, 306-308 Jefferson, 312 Jefferson and 319 West 2nd Street, be received and placed on file. Voice vote -Ayes: Five. Absent: Cole, Getty. Motion carried. 137393 - Schmitt/Welper that "Resolution preliminarily approving Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Demolition and Site Clearance Services (No Regulated Asbestos -Containing Materials) for 212 Jefferson, 302 Jefferson, 306-308 Jefferson, 312 Jefferson and 319 West 2nd Street", be adopted. Roll call vote -Ayes: Five. Absent: Cole, Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-125. 137394 - Schmitt/Welper that "Resolution setting date of hearing and bid opening as February 20, 2012; and instruct City Clerk to publish notice of Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Demolition and Site Clearance Services (No Regulated Asbestos -Containing Materials) for 212 Jefferson, 302 Jefferson, 306-308 Jefferson, 312 Jefferson and 319 West 2nd Street", be adopted. Roll call vote -Ayes: Five. Absent: Cole, Getty. Resolution adopted and upon approval by Mayor assigned No. 2012-126. ORAL PRESENTATIONS Mr. Schmitt thanked Mayor Clark for setting up an open meeting at the Culture next week with Vandewalle to discuss current projects. 137395 - Hart/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Five. Absent: Cole, Getty. Motion carried. 137396 - Hart/Schmitt that the council adjourn to Executive Session at 5:52 p.m. Roll call vote -Ayes: Five. Absent: Cole, Getty. Motion carried. City Attorney Jim Walsh stated that discussion of strategy in matters in litigation is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(c)(2011). EXECUTIVE SESSION 137397 - Hart/Schmitt that the council adjourn Executive Session at 6:13 p.m. Voice vote -Ayes: Five. Absent: Cole, Getty. Motion carried. 137397 - Hart/Schmitt To proceed. Voice vote -Ayes: Five. Absent: Cole, Getty. Motion carried. February 6, 2012 Page 7 ADJOURNMENT 137398 - Hart/Schmitt that the Council adjourn at 6:13 p.m. Voice vote -Ayes: Five. Absent: Cole, Getty. Motion carried. Suzy Scha es City Clerk