HomeMy WebLinkAboutMinutes-01/09/2012January 9, 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, January 9, 2012. Mayor Ernest G.
Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Bob Greenwood, Council Member At Large.
137235 - Hart/Schmitt
that the Agenda, as amended removing mini from item #5, for the Regular Session
on Monday, January 9, 2012, at 5:30 p.m., be accepted and approved. Voice vote -
Ayes: Seven. Motion carried.
137236 - Hart/Schmitt
that the Minutes, as proposed, for: December 29, 2011 Special Session; January
3, 2012 Organization Meeting; January 3, 2012 Regular Session; and January 5,
2012 Special Session, be accepted and approved. Voice vote -Ayes: Seven.
Motion carried.
Mayor Clark recognized 2011's Team Member of the Year - Jimmy Day.
CONSENT AGENDA
137237 - 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. 1-62, dated January 9, 2012, in
the amount of $1,086,210.70, 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. 2012-16.
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. 2012-17.
b. Motion to approve the following:
1.
2.
3.
Travel Requests
Address
Amount to
certify
148
Summit Avenue
$536.28
1324
Grant Avenue
$1,895.17
821
West 8th Street
$1,983.60
919
Hammond Avenue
$1,636.00
232
Gable Street
$2,365.00
Resolution adopted and upon approval by Mayor assigned No. 2012-17.
b. Motion to approve the following:
1.
2.
3.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Kyle Bauch, Park
Maintenance II -
Forestry
ACRT Inc. Line
Clearance
Manual and
Certification
Test
No Travel
Required
$167.09
Mayor Buck Clark
Cedar Valley
Coalition
Washington,
D.C.
February
25-29,
2012
$1,925.00
Rudy D. Jones,
Community
Development
Director
Cedar Valley
Coalition
Washington,
D.C.
February
24-29,
2012
$2,120.00
January 9, 2012
4.
5.
6.
7.
Page 2
Noel Anderson,
Community
Planning &
Cedar Valley
Coalition
Washington,
D.C.
February
26-29,
2012
$2,360.00
Development
Board of Electrical
Examiners & Appeals
January
10,
Director
New Appointment
David W. Kline
Board of Electrical
Examiners & Appeals
Todd Derifield,
City Forester
78th Annual
Iowa Turfgrass
Conference &
Des Moines,
Iowa
January
17-19,
2012
$215.00
Plumbing Board of
Licensing, Examiners
Appeals
Trade Show
January
10,
2015
Investigator
Hesse
ICAC Peer 2
Peer Software
Boca Raton,
Florida
July 18-
22, 2011
$391.30
10,
Training
Re -Appointment
Outside Agency
Waterloo
Travel to
January
$1,000.00
Instructors
Police Reserve
Academy
Waterloo,
Iowa
14 -May
30, 2012
8. Motion to receive and file Mayor Clark's recommendation of the following
appointments:
Appointee
Board/Commission
Expiration Date
New or Re -
Appointment
Mardy L. DeHart
Board of Electrical
Examiners & Appeals
January
10,
2015
New Appointment
David W. Kline
Board of Electrical
Examiners & Appeals
January
10,
2015
New Appointment
Randy Waschkat
Plumbing Board of
Licensing, Examiners
Appeals
&
January
10,
2015
New Appointment
Mike Brocka
Plumbing Board of
Licensing, Examiners
Appeals
&
January
10,
2015
Re -Appointment
Class C Beer License Permit Application
9. Casey's General Store #2867, 2424 Ranchero Road (Renewal) (Expires
12/17/12) (Includes Sunday Sales)
Class C Liquor License Permit Application
10.Elitte Cafe Bar, 1108 Jefferson Street (Renewal) (Expires 2/7/13)
(Includes Sunday Sales)
11.Amalgamated Local 838 UAW, 2615 Washington Street (Ownership Update)
(Effective 1/3/12)
12.The Hoist Bar & Grill, 213 E. 5th Street (New) (Expires 1/10/13) (Includes
Sunday Sales)
13.Curt's, 32 Lafayette Road (New) (Expires 1/1/13) (Includes Sunday Sales)
Class B Native Wine License Permit Application
14.Casey's General Store #2867, 2424 Ranchero Road (Renewal) (Expires
12/17/12) (Includes Sunday Sales)
Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested item 1.b.13
be removed from the consent agenda. Mr. Schmitt abstained from the bills payment
to the Schmitt Telecom.
137238 - Schmitt/Greenwood
Motion to approve 1.b.13. Class C Liquor License Permit Application - Curt's,
32 Lafayette Road (New) (Expires 1/1/13) (Includes Sunday Sales).
Noel Anderson, Community Planning and Development Director, noted that this
is a new license. The owner does have another establishment.
Following Discussion a Roll call vote was taken -Ayes: Seven.
APPEAL ON DENIAL OF APPLICATION FOR PERMISSION TO DRIVE A MOTOR VEHICLE FOR THE PURPOSE
OF CARRYING PASSENGERS
The applicant did not appear.
January 9, 2012
PUBLIC HEARINGS
137239 - Schmitt/Welper
Page 3
that proof of publication of notice of public hearing on Purchase of 2012 Golf
Turf Equipment, as published in the Waterloo Courier on December 27, 2012, be
received and placed on file. Voice vote -Ayes: Seven. Motion carried.
137240 - 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.
137241 - Schmitt/Welper
that "Resolution confirming approval of specifications, bid document, etc. in
conjunction with Purchase of 2012 Golf Turf Equipment", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-18.
137242 - Schmitt/Welper
that "Resolution authorizing to proceed in conjunction with Purchase of 2012
Golf Turf Equipment", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-19.
137243 - Schmitt/Welper
to receive, file and instruct City Clerk to open and read bids and refer to
Leisure Services Director for review:
Voice vote -Ayes: Seven. Motion carried.
Van Wall/Great
American
Waterloo Implement
MTI Distributing
JD 2500B Greens
Mower
$35,116.00
N/B
N/B
JD 2030A Pro
Gator
$23,554.00
N/B
N/B
Dakota 410 Turf
Tender Top
Dresser
$13,426.00
N/B
N/B
JD 5075E Utility
Tractor
N/B
$31,679.74
N/B
Toro 3400 Triflex
Greens Mower
N/B
N/B
$38,777.79
Toro 3250-D
Greens Mower
N/B
N/B
$33,932.97
Trade Values:
JD 1800 Utility
Vehicle
$2,500.00
N/B
N/B
JD 2030 Pro Gator
$6,000.00
N/B
N/B
JD 2500 Greens
Mower
$7,000.00
N/B
$3,500.00
JD 5300 Tractor
N/B
$5,000.00
N/B
JD 2155 Tractor
N/B
$4,800.00
N/B
JD 2155 Tractor
N/B
$4,500.00
N/B
Voice vote -Ayes: Seven. Motion carried.
January 9, 2012 Page 4
RESOLUTIONS
137244 - Greenwood/Schmitt
that "Resolution approving the cancellation of Tuesday, January 17, 2012 City
Council meeting due to the Martin Luther King Jr. Holiday; and holding the
following two council meetings on Monday, January 23, 2012 and Monday, January
30, 2012 -Submitted by Mayor Buck Clark", be adopted. Roll call vote -Ayes:
Seven.
Mayor Clark explained that generally there is not a Council meeting on the fifth
Monday of the month but there will be one to make up for next weeks meeting.
Resolution adopted and uponapproval by Mayor assigned No. 2012-20.
137245 - Greenwood/Schmitt
that "Resolution approving Convention and Visitors Bureau Board recommendations
for funding the following hotel/motel grant requests: Waterloo Center for the
Arts in the amount of $37,323.00; Grout Museum District in the amount of
$21,557.00; and National Wrestling Hall of Fame Dan Gable Museum in the amount
of $7,120.00 -Submitted by Aaron Buzza, Executive Director of Waterloo Convention
& Visitors Bureau", be adopted. Roll call vote -Ayes: Seven.
Mr. Getty asked if there is a conflict of interest for Council liaisons to
boards or commissions and the City Attorney, Jim Walsh, advised that it is not a
conflict of interest.
Mr. Hart asked what formula was used to determine the amount of the grant.
Aaron Buzza, Convention & Visitor's Bureau, explained the scoring system.
Mr. Jones clarified that there is a guideline that can be used but that it is
not an exact formula.
Resolution adopted and upon approval by Mayor assigned No. 2012-21.
137246 - Greenwood/Schmitt
that "Resolution approving submission of Cedar Trails Partnership grant fund
request for a cross-country ski grooming device in an amount not to exceed
$4,000.00 -Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-22.
137247 - Hart/Welper
that "Resolution approving professional service agreement with Main Street
Waterloo, for 2 years (FY 13 and FY 14) for $40,000 per year -Submitted by Noel
Anderson, Community Planning & Development Director", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-23.
137248 - Hart/Welper
that "Resolution approving amendment to the original Development Agreement with
J.J.B. Properties, LLC from November 5, 2007, to change completion date from
January 1, 2009 to January 1, 2010, and to change the Minimum Assessment end
date from December 31, 2022 to December 31, 2023; and authorize 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. 2012-24.
137249 - Hart/Welper
that "Resolution approving amendment to the original Development Agreement with
Avita Developments LLC from May 5, 2008, to change completion date from January
1, 2009 to January 1, 2010, and to change the Minimum Assessment end date from
December 31, 2024 to December 31, 2025; and authorize 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. 2012-25.
January 9, 2012 Page 5
137250 - Getty/Cole
that Change Order No. 5 for a net increase of $164,534.60 for work performed by
Aspro, Inc. of Waterloo, Iowa in conjunction with F.Y. 2010 Street
Reconstruction Program, Contract No. 772 -Submitted by Dennis Gentz, P.E.,
Assistant City Engineer, be received, placed on file and approved. Voice vote -
Ayes: Seven. Motion carried.
137251 - Getty/Cole
that "Resolution approving Completion of Project and Recommendation of
Acceptance of Work performed by Aspro, Inc. of Waterloo, Iowa at a total cost of
$5,598,205.63 in conjunction with F.Y. 2010 Street Reconstruction Program,
Contract No. 772; 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. 2012-26.
137252 - Getty/Cole
that Change Order No. 1 for a net decrease of $175,040.63 for work performed by
B & B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2012
Sidewalk Repair Program - Zone 1, Contract No. 811 -Submitted by Wayne Castle,
PLS, EI, Associate Engineer, be received, placed on file and approved. Voice
vote -Ayes: Seven. Motion carried.
137253 - Schmitt/Welper
that "Resolution approving Completion of Project and Recommendation of
Acceptance of Work performed by B & B Builders and Supply of Waterloo, Iowa at a
total cost of $130,602.98 in conjunction with F.Y. 2012 Sidewalk Repair Program
- Zone 1, Contract No. 811; 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. 2012-27.
137254 - Schmitt/Welper
that "Resolution approving documents, and adopt and levy the final schedule of
assessments in conjunction with F.Y. 2012 Sidewalk Repair Assessment Program -
Zone 1, Contract No. 811 -Submitted by Wayne Castle, PLS, EI, Associate
Engineer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-28.
137255 - Schmitt/Welper
that Change Order No. 1 for a net decrease of $26,100.20 for work performed by B
& B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2012 Sidewalk
Block Grant Repair Assessment Program - Zone 1, Contract No. 812 -Submitted by
Wayne Castle, PLS, EI, Associate Engineer, be received, placed on file and
approved. Voice vote -Ayes: Seven. Motion carried.
137256 - Welper/Schmitt
that "Resolution approving Completion of Project and Recommendation of
Acceptance of Work performed by B & B Builders and Supply of Waterloo, Iowa at a
total cost of $50,956.65 in conjunction with F.Y. 2012 Sidewalk Block Grant
Repair Assessment Program - Zone 1, Contract No. 812; 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. 2012-29.
137257 - Welper/Schmitt
that "Resolution approving documents, and adopt and levy the final schedule of
assessments in conjunction with F.Y. 2012 Sidewalk Block Grant Repair Assessment
Program - Zone 1, Contract No. 812 -Submitted by Wayne Castle, PLS, EI, Associate
Engineer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-30.
January 9, 2012 Page 6
137258 - Welper/Schmitt
that "Resolution approving Letter of Commitment for participation with the Black
hawk Soil and Water Conservation District's EPA Urban Waters Small Grant
application; and authorize Mayor to execute said document -Submitted by Phil
Schuppert, Stormwater Specialist", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-31.
137259 - Getty/Cole
that "Resolution approving recommendation of award of contract to Failor Hurley
Construction of Hudson, Iowa in the amount of $21,190.00 for Livingston Aviation
Entry Door Replacement for Waterloo Regional Airport -Submitted by Bradley Hagen,
Airport Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-32.
137260 - Getty/Cole
that "Resolution approving Contract, Bonds and Certificates of Insurance with
Failor Hurley Construction of Hudson, Iowa in the amount of $21,190.00 for
Livingston Aviation Entry Door Replacement at Waterloo Regional Airport -
Submitted by Bradley Hagen, Airport Director", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-33.
137261 - Getty/Cole
that "Resolution approving recommendation of award of contract to Advanced
Environmental in the amount of $37,440.00 for asbestos abatement services of the
former Francis Grout School located at 330 Madison Street -Submitted by'
Christopher Western, Planner II", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-34.
137262 - Getty/Cole
that "Resolution approving recommendation of award of contract to Abatement
Specialist LLC in the amount of $32,523.00 for asbestos abatement
services of 212, 302, 306-308, 312 Jefferson Streets, and 319 West 2nd Street -
Submitted by Christopher Western, Planner II", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-35.
OTHER COUNCIL BUSINESS
137263 - Cole/Hart
that Change Order No. 2 for a net increase of $13,396.47 for work performed by
Don Gardner Construction Co. Inc. of Waterloo, Iowa in conjunction with Waterloo
Center for the Arts Window Replacement Project -Submitted by Craig Clark,
Building Official/Maintenance Administrator, be received, placed on file and
approved. Voice vote -Ayes: Seven. Motion carried.
137264 - Cole/Hart
that "Resolution setting date of hearing as January 23, 2012 to approve Request
for Proposals for Asbestos Removal at 910 West Shaulis Road; and instruct City
Clerk to publish notice -Submitted by Christopher Western, Planner II", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-36.
137265 - Hart/Welper
to instruct Public Works Director to prepare specifications, bid document, etc.
in conjunction with Purchase of Six (6) 2013 Model Year Patrol Cars, be
approved. Voice vote -Ayes: Seven. Motion carried.
137266 - Hart/Welper
that specifications, bid document, etc. in conjunction with Purchase of Six (6)
2013 Model Year Patrol Cars, be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
January 9, 2012 Page 7
137267 - Hart/Welper
that "Resolution preliminarily approving specifications, bid document, etc. in
conjunction with Purchase of Six (6) 2013 Model Year Patrol Cars", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-37.
137268 - Hart/Welper
that "Resolution setting date of hearing and bid opening as February 6, 2012;
and instruct City Clerk to publish notice of specifications, bid document, etc.
and taking of bids in conjunction with Purchase of Six (6) 2013 Model Year
Patrol Cars", be adopted. Roll call vote -Ayes: Seven.
Mr. Welper clarified that this will be the new Ford Taurus.
Resolution adopted and upon approval by Mayor assigned No. 2012-38.
ORDINANCES
137269 - Cole/Greenwood
that "an Ordinance approving changes to 1-8A-7: Local Transient Guest Tax Fund,
Section D in conjunction with Hotel/Motel Tax Ordinance Change", be received,
placed on file, considered and passed for the first time. Roll call vote -Ayes:
Three. Nays: Four (Cole, Jones, Welper, Hart). Motion failed.
ORAL PRESENTATIONS
Forest Dillavou, 1725 Huntington Road, questioned the reason for the change
order on agenda item 10. Eric Thorson, City Engineer, explained that the
majority of the change is an approximate increase for extra base rock due to
poor soil conditions in the amount of $150,000.
137270 - Hart/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
137273 - Hart/Schmitt
that the Council adjourn at 6:11 p.m. Voice vote -Ayes: Seven. Motion carried.
Suzy chres
City Clerk