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HomeMy WebLinkAboutMinutes-01/23/2012January 23, 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 23, 2012. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Schmitt, Welper, Hart. Absent: Greenwood. Moment of Silence. Pledge of Allegiance: Pack 1 Cub Scouts from Becker Elementary recited the Pledge of Allegiance. 137274 - Hart/Schmitt that the Agenda, as amended by deleting item #22 and move it to the January 30th meeting, for the Regular Session on Monday, January 23, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137275 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, January 9, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. Mayor Clark presented a Certificate of Neighborhood Recognition to Cedar Knoll Neighborhood Association that was accepted by Steve Heyer. CONSENT AGENDA 137276 - 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. 1-87, dated January 23, 2012, in the amount of $3,120,848.92, 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. 2012-39. 2. Request of Waterloo Auto Parts, Inc. for a variance to the Noise Ordinance on June 9-10, 2012 from 5:00 p.m. to 1:00 a.m. in conjunction with Iowa Automotive Recyclers Summer Outing event to be held at 1501 Grandview Avenue with Grandview Avenue street closure from Clark Street north to the end of Grandview Avenue, including the presence of a live band, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2012-40. b. Motion to approve the following: 1. Mayor Clark's recommendation of the following appointment: Appointee Board/Commission Expiration Date New or Re - Appointment Carol Dietz Plumbing Board of Licensing, Examiners & Appeals January 24, 2015 New Appointment Angela Weekley Waterloo Convention & Visitors Bureau June 30, 2014 New Appointment Tavis M. Hall Waterloo Convention & Visitors Bureau June 30, 2014 New Appointment 2. Recommendation of appointment of Captain Mike Moore to the position of Battalion Chief for Waterloo Fire Rescue, effective January 24, 2012 - Submitted by Pat Treloar, Chief of Fire Services Class B Beer License Permit Application 3. Cedar Valley Fish Market, 218 Division Street (Renewal) (Expires 1/25/13) 4. Taqueria La Guadalupana, 1010 E. Mitchell Unit #6 (Renewal) (Expires 11/16/12) 5. Casey's General Store #2427, 3035 Logan Avenue (Renewal) (Expires 12/31/12) (Includes Sunday Sales) January 23, 2012 Class C Beer License Permit Application 6. Save More Foods, 1975 Franklin Street (Renewal) (Expires 1/5/13) (Includes Sunday Sales) 7. Hy -Vee Food & Drugstore #13 (Renewal) (Expires 2/8/13) (Includes Sunday Sales) 8. Sam's Club #6514, 210 E. Tower Park Drive (Renewal) (Expires 2/28/13) (Includes Sunday Sales) 9. Kmart #4158, 3810 University Avenue (Renewal) (Expires 2/28/13) (Includes Sunday Sales) Page 2 Class A Liquor License Permit Application 10.Veteran's of Foreign Wars Club Post 1623, 1406 Commercial Street (Renewal) (Expires 1/14/13) (Includes Sunday Sales) Class C Liquor License Permit Application 11.Karma Bar, 309 W. 4th Street (Renewal) (Expires 1/8/13) (Includes Sunday Sales) 12.The Other Place, 360 E. Ridgeway Avenue (Renewal) (Expires 1/25/13) (Includes Sunday Sales) 13.Beck's Sports Brewery, 3295 University Avenue (Renewal) (Expires 12/31/12) (Includes Sunday Sales) 14.Carlos O'Kelly's Mexican Cafe, 1331 Flammang Drive (Renewal) (Expires 12/30/12) (Includes Sunday Sales) 15.The Locker Room Lounge, 1918 Hawthorne Avenue (Renewal) (Expires 12/31/12) (Includes Sunday Sales) 16.Joan's 9'er, 929 W. 5th Street (Renewal) (Expires 11/30/12) (Includes Sunday Sales) 17.E1 Valle, 1927 Jefferson Street (New) (Expires 12/22/12) (Includes Sunday Sales & Catering) 18.The Winning Edge, 341 Fletcher Avenue (Renewal) (Expires 12/2/12) (Includes Sunday Sales) Class E Liquor License Permit Application 19.Save More Foods, 1975 Franklin Street (Renewal) (Expires 1/05/13) (Includes Sunday Sales) 20.Hy-Vee Food & Drugstore #13 (Renewal) (Expires 2/8/13) (Includes Sunday Sales) 21.Sam's Club #6514, 210 E. Tower Park Drive (Renewal) (Expires 2/28/13) (Includes Sunday Sales) Class B Wine License Permit Application 22.Save More Foods, 1975 Franklin Street (Renewal) (Expires 1/05/13) (Includes Sunday Sales) 23.Hy-Vee Food & Drugstore #13 (Renewal) (Expires 2/8/13) (Includes Sunday Sales) 24.Sam's Club #6514, 210 E. Tower Park Drive (Renewal) (Expires 2/28/13) (Includes Sunday Sales) 25.Kmart #4158, 3810 University Avenue (Renewal) (Expires 2/28/13) (Includes Sunday Sales) Outdoor Service Area Application 26.Veteran's of Foreign Wars Club Post 1623, 1406 Commercial Street 27.Karma Bar, 309 W. 4th Street 28.Carlos O'Kelly's Mexican Cafe, 1331 Flammang Drive 29.The Locker Room Lounge, 1918 Hawthorne Avenue 30.Joan's 9'er, 929 W. 5th Street 31.E1 Valle, 1927 Jefferson Street Cigarette Permit Application 32.Choudhry Corporation dba Liquor and Tobacco Outlet, 2844 University Avenue 33.E Z International Inc dba B & B East, 1615 Bishop Avenue Vehicle For Hire Business License Application 34.Q -King Taxi, 506 Oak Street, Decorah, Iowa 52101 Roll call vote -Ayes: Six. Absent: Greenwood. Motion carried. Mayor Clark recognized the new appointments to the various Boards and Commissions. January 23, 2012 PUBLIC HEARINGS 137277 - Schmitt/Welper Page 3 that proof of publication of notice of public hearing on Rental/Purchase of One (1) Used Vermeer TG525L Tub Grinder, as published in the Waterloo Courier on January 10, 2012, be received and placed on file. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137278 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: Six. Absent: Greenwood. Motion carried. 137279 - Schmitt/Welper that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Rental/Purchase of One (1) Used Vermeer TG525L Tub Grinder", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-41. 137280 - Schmitt/Welper that "Resolution authorizing to proceed in conjunction with Rental/Purchase of One (1) Used Vermeer TG525L Tub Grinder", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-42. 137281 - Schmitt/Welper to receive, file and instruct City Clerk to open and read bids and refer to Waste Management Services Superintendent for review: Bidder Bid Amount Vermeer Sales and Service $175,000.00 P.O. Box 168 $20,000.00 Pella, Iowa 50219 $449,500.00 Vermeer Wisconsin, Inc. 5445 North 131st Street $545,250.00 Butler, Wisconsin 53007 Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137282 - Getty/Cole that proof of publication of notice of public hearing on Request for Proposals for Asbestos Removal at 910 West Shaulis Road, as published in the Waterloo Courier on January 17, 2012, be received and placed on file. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137283 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Cole that the hearing be closed. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137284 - Getty/Cole that "Resolution confirming approval of Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Asbestos Removal at 910 West Shaulis Road", be adopted. Roll call vote - Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-43. 137285 - Getty/Cole that "Resolution authorizing to proceed in conjunction with Request for Proposals for Asbestos Removal at 910 West Shaulis Road", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-44. January 23, 2012 137286 - Getty/Cole Page 4 to receive, file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review: Bidder Bid Bond Bid Amount Active Thermal Concepts 2805 Stonegate Court Hiawatha, Iowa 52233 5% $9,717.00 Advanced Environmental 803 Ricker Street Waterloo, Iowa 50703 5% $4,830.00 Affordable Hazards Removal, Inc. 121 East Grand Street Monticello, Iowa 52310 No Bond ESA, Inc. PO Box 1370 116 Gateway Drive North Sioux City, South Dakota 57049 5% $10,000.00 New Horizons LLC PO Box 681183 Kansas City, Missouri 64168 5% $12,312.00 Site Services 1621 East Commercial Street Algona, Iowa 50511 5% $6,800.00 Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. RESOLUTIONS 137287 - Cole/Schmitt that "Resolution approving recommendation of award of contract to ATC Associates, Inc. of Waterloo, Iowa in the amount of $1,850.00 for Phase I Environmental Site Assessment of the following properties: 915, 917, 919, 927, 1003, 1013 and 1021 Lafayette Street -Submitted by Rudy D. Jones, Community Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-45. 137288 - Cole/Schmitt that "Resolution approving Contract, Bonds and Certificates of Insurance with ATC Associates, Inc. of Waterloo, Iowa in the amount of $1,850.00 for Phase I Environmental Site Assessment of the following properties: 915, 917, 919, 927, 1003, 1013 and 1021 Lafayette Street; and Mayor and City Clerk authorized to execute said documents -Submitted by Rudy D. Jones, Community Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-46. 137289 - Cole/Schmitt that "Resolution approving recommendation of award of contract to R Company dba Frickson Backhoe and Trucking of Evansdale, Iowa in the amount of $28,700.00 for Demolition and Site Clearance of the following properties: 915, 917, 919, 927 and 1021 Lafayette Street, Contract No. 174-D-NSP3-01-09-12-Submitted by Rudy D. Jones, Community Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-47. 137290 - Cole/Schmitt that "Resolution approving Contract, Bonds and Certificates of Insurance with R Company dba Frickson Backhoe and Trucking of Evansdale, Iowa in the amount of $28,700.00 for Demolition and Site Clearance of the following properties: 915, 917, 919, 927 and 1021 Lafayette Street, Contract No. 174-D-NSP3-01-09-12; and Mayor and City Clerk authorized to execute said documents -Submitted by Rudy D. Jones, Community Development Director", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-48. January 23, 2012 137291 - Welper/Schmitt Page 5 that "Resolution approving recommendation of award of contract to B & B Builders & Supply of Waterloo, Iowa in the amount of $49,600.00 for 2012 Riverfront Sports Park Shelter Project -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-49. 137292 - Welper/Schmitt that "Resolution approving submission of grant application to Waterloo Convention & Visitors Bureau Event/Capital Project in the amount of $20,000.00 to be used for marketing of the Cedar Valley SportsPlex-Submitted by Mark Gallagher, Leisure Services Sports Manager", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-50. 137293 - Welper/Schmitt that "Resolution approving 2012 Golf Fee Schedule as recommended by the Leisure Services Commission -Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Mr. Welper questioned if the rates have been lowered. Paul Huting, Leisure Services Director, reported that the fees are remaining the same as last year. Resolution adopted and upon approval by Mayor assigned No. 2012-51. 137294 - Schmitt/Welper that "Resolution approving recommendation of award of bid to Waterloo Implement in the amount of $79,503.70 for the Purchase of 2012 Golf Turf Equipment - Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-52. 137295 - Schmitt/Welper that "Resolution approving recommendation of award of bid to Van Wall Equipment in the amount of $56,596.00 for the Purchase of 2012 Golf Turf Equipment - Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-53. 137296 - Schmitt/Welper that "Resolution approving Completion of Project, Final Acceptance & Quantities and Release of Final Payment for work performed by Voltmer Inc. of Decorah, Iowa at a total cost of $324,670.34 in conjunction with Ridgeway Avenue and Sergeant Road (US 63) Traffic Safety Improvements, Contract No. 760; and authorize Mayor. and City Clerk to execute said documents -Submitted by Sandie Greco, Traffic Operations Superintendent", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-54. 137297 - Hart/Welper that "Resolution approving Supplemental Agreement No. 3 with Kirkham Michael for construction -related services at a cost of $342,238.57 in conjunction with F.Y. 2012 West Shaulis Road/Ansborough Avenue, Contract No. 784; and authorize Mayor and City Clerk to execute said document -Submitted by Jeff Bales, Associate Engineer", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-55. January 23, 2012 137298 - Hart/Welper Page 6 that "Resolution approving Notice of Intent for NPDES Coverage Under General Permit to the Iowa Department of Natural Resources for storm water discharges associated with F.Y. 2012 West Shaulis Road/Ansborough Avenue, Contract No. 784; and authorize Mayor to execute said document -Submitted by Jeff Bales, Associate Engineer", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-56. 137299 - Hart/Welper that "Resolution approving Letter of Intent with Black Hawk County Conservation Board (BHCCB) for the future conveyance of a portion of Lots 49, 50, 51 and 52 of Sherwood Park along Greenwood Avenue located just east of Highway 218 for the development of a boat ramp and parking area as part of the Sherwood Park Recreation Area and Hartman Reserve Expansion Project; and authorize Mayor and City. Clerk to execute said document -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-57. 137300 - Welper/Hart that "Resolution approving a Resource Enhancement and Protection Grant from the Iowa Department of Natural Resources in the amount of $193,400.00 for acquisition & development related to Sherwood Park Recreation Area and Hartman Reserve Expansion Project; and authorize Mayor and City Clerk to execute said document -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-58. 137301 - Welper/Hart that "Resolution approving Real Estate Sale Contract with The Heene Family Trust for the acquisition of 218 West Mullan Avenue in the amount of $450,000.00, with up to $10,000.00 in city environmental and closing costs; 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: Five. Nay: One (Getty). Absent: Greenwood. Mr. Getty expressed concern with the price being paid for the propert. Noel Anderson, Community Planning and Development Director, explained the assessed value was approximately $450,000.00 in 2010 for the property. Mr. Schmitt asked if we are using the same process as in the past. Noel Anderson, Community Planning and Development Director, reported that this is the same procedure and there are plans to tear it down for approximately $40,000 to $60,000 and there is a plan for developing this location. Resolution adopted and upon approval by Mayor assigned No. 2012-59. 137302 - Welper/Hart that "Resolution approving Extension Agreement with Howard L. Allen Investments, Inc. for an extension to the timeline for demolition of the trucking facility at 123 Stanley Court moving the date from January 31, 2012 to February 29, 2012; and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Five. Nay: One (Getty). Absent: Greenwood. Mr. Schmitt asked if it would be possible to impose a penalty if the facility is not demolished as agreed upon. Noel Anderson, Community Planning and Development Director, explained that they are demolishing the building. Mr. Hart asked the timeframe to get the property transferred once the property is demolished. Noel Anderson, Community Planning and Development Director, responded that it would be around 2 weeks. Resolution adopted and upon approval by Mayor assigned No. 2012-60. January 23, 2012 137303 - Cole/Getty Page 7 that "Resolution approving Completion of Project, Final Acceptance and Release of Final Payment for work performed by Stickfort Construction Co., Inc. of Hudson, Iowa at a total cost of $54,405.12 in conjunction with Fire Station Concrete Replacement & Repair Project; and authorize Mayor and City Clerk to execute said documents -Submitted by Craig Clark, Building Official/Maintenance Administrator", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-61. 137304 - Cole/Getty that "Resolution of Final Payment at a total cost authorize Mayor Clark, Building vote -Ayes: Six. approving Completion of Project, Final Acceptance and Release for work performed by B & B Builders & Supply of Waterloo, Iowa of $139,950.00 in conjunction with Fire Station Concrete; and and City Clerk to execute said documents -Submitted by Craig Official/Maintenance Administrator", be adopted. Roll call Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-62. OTHER COUNCIL BUSINESS 137305 - Hart/Cole to instruct Community Planning & Development Director to prepare Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Asbestos Survey Services Request for Proposals for the following properties: 820 and 910 Sycamore Street and 626-628 West 9th Street, be approved. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137306 - Hart/Cole that Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Asbestos Survey Services Request for Proposals for the following properties: 820 and 910 Sycamore Street and 626-628 West 9th Street, be received and placed on file. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137307 - Hart/Cole that "Resolution preliminarily approving Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Asbestos Survey Services Request for Proposals for the following properties: 820 and 910 Sycamore Street and 626-628 West 9th Street", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-63. 137308 - Hart/Cole that "Resolution setting date of hearing and bid opening as January 30, 2012; and instruct City Clerk to publish notice of Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Asbestos Survey Services Request for Proposals for the following properties: 820 and 910 Sycamore Street and 626-628 West 9th Street", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-64. 137309 - 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 Downtown Historic Survey Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, be approved. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137310 - Schmitt/Welper that Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Downtown Historic Survey Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, be received and placed on file. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. January 23, 2012 Page 8 137311 - Schmitt/Welper that "Resolution preliminarily approving Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Downtown Historic Survey Services 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. 2012-65. 137312 - 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 Downtown Historic Survey Services 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. 2012-66. 137313 - Hart/Welper to instruct Traffic Operations Superintendent to prepare plans, specifications, form of contract, etc. in conjunction with San Marnan Traffic Monitoring System Project, be approved. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137314 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with San Marnan Traffic Monitoring System Project, be received and placed on file. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. 137315 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with San Marnan Traffic Monitoring System Project", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-67. 137316 - Hart/Welper that "Resolution setting date of hearing and bid opening as February 13, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with San Marnan Traffic Monitoring System Project", be adopted. Roll call vote -Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2012-68. ORAL PRESENTATIONS None ADJOURNMENT 137317 - Hart/Cole that the Council adjourn at 6:07 p.m. Voice vote -Ayes: Six. Absent: Greenwood. Motion carried. uzy Sc ares City Clerk