HomeMy WebLinkAboutMinutes-10/01/2012October 1, 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, October 1, 2012. Mayor Ernest G.
Clark in the Chair. Roll Call: Getty, Jones, Greenwood, Schmitt, Welper, Hart. Absent:
Cole.
Moment of Silence.
Pledge of Allegiance: Daniel Trelka, Safety Services Director.
139883 - Hart/Schmitt
that the Agenda, as amended changing the wording on item #19, adding an outdoor
service application as 1.b.7, and deleting item #16, for the Regular Session on
Monday, October 1, 2012, at 5:30 p.m., be accepted and approved. Voice vote -
Ayes: Six. Motion carried.
139884 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, September 24,
2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion
carried.
Mayor Clark read a Proclamation declaring the week of October 7 -13th as "Earth
Science Week". Sherman Lundy, Geologist, and two UNI Students invited the public
to celebrate Earth Science week at the Quarry on October 7, 2012.
Mayor Clark recognized the October 2012 Team Member of the Month - Joyce
Schroeder.
CONSENT AGENDA
139885 - Hart/Welper
that the following items on the consent agenda be received, placed on file and
approved:
a. Resolutions to approve the following:
1. Resolution approving Accounts Payable Invoice Report, pp. 1-29, dated
October 1, 2012, in the amount of $1,234,143.39, a copy of which is an
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. 2012-954.
2. Request of St. Edwards to hold St. Edwards Fall Festival 5K event to be
held on October 6, 2012 at 9:00 a.m. with the route to start and end at
St. Edwards Parrish -Submitted by Daniel J. Trelka, Director of Safety
Services
Resolution adopted and upon approval by Mayor assigned No. 2012-955.
3. Request of Will Mclntee for a variance to the Noise Ordinance on October
2, 2012 from 2:30 p.m. to 3:30 p.m. in conjunction with Veterans for Bruce
Braley event to be held at Soldiers & Sailors Park including the use of a
PA system, together with recommendation of approval of Director of Safety
Services
Resolution adopted and upon approval by Mayor assigned No. 2012-956.
4. Request of Michael Powell for a variance to the Noise Ordinance on October
6, 2012 from 12:00 p.m. to 5:00 p.m. in conjunction with Wellpro Center
Breast Cancer Fundraiser for the Beyond Pink Team event to be held just
off of Kimball Avenue behind UPS and Arby's including a band/DJ and the
use of a PA system, together with recommendation of approval of Director
of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2012-957.
5. Request of Maxine Faris for an asphalt driveway to be located at 4192
Logan Ave., together with recommendation of approval of City Engineer -
Submitted by Eric Thorson, P.E., City Engineer
Resolution adopted and upon approval by Mayor assigned No. 2012-958.
October 1, 2012 Page 2
6. Request of Della Cafaro for tax exemptions on improvements totaling
$30,000 for property located at 1320 Englewood Avenue and located in the
Consolidated Urban Revitalization Area -Submitted by Chris Western, Planner
II
Resolution adopted and upon approval by Mayor assigned No. 2012-959.
7. Request of Douglas and Ellyne Gray for tax exemptions on improvements
totaling $10,267.00 for property located at 1028 Western Avenue and
located in the Consolidated Urban Revitalization Area -Submitted by Chris
Western, Planner II
Resolution adopted and upon approval by Mayor assigned No. 2012-960.
8. Request of Della Cafaro for tax exemptions on improvements totaling
$78,000 for property located at 1322 Englewood Avenue and located in the
Consolidated Urban Revitalization Area -Submitted by Chris Western, Planner
II
Resolution adopted and upon approval by Mayor assigned No. 2012-961.
9. Request of Eric Rose for tax exemptions on construction totaling $300,000
for property located at 464-466 Progress Avenue and located in the City
Limit Urban Revitalization Area -Submitted by Chris Western, Planner II
Resolution adopted and upon approval by Mayor assigned No. 2012-962.
10. Request of Kristy Driscoll for tax exemptions on construction totaling
$326,000 for property located at 1019-1021 Oleson Road and located in the
City Limit Urban Revitalization Area -Submitted by Chris Western, Planner
II
Resolution adopted and upon approval by Mayor assigned No. 2012-963.
b. Motion to approve the following:
1.
2.
3.
Travel Requests
Name & Title
of Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Lt Frana & Sgt
Hoelscher
Firearms
Instructor
Recertification
Course
Johnstone,
Iowa
October
18, 2012
$330.00
Kent Shankle,
Curator
Haitian Art
Society Annual
Conference
New York,
NY
October
20 -
October
27, 2012
$1,850.00
Jon Martin,
Rehab and
Relocation
Specialist;
Matt Chesmore,
Rehab and
Relocation
Specialist;
Mike Prideaux,
Black Hawk
County Lead
Coordinator
Principles of
Healthy Homes
portion of the
Lead Grant
Des Moines,
IA
October
22-25,
2012
$2,555.00
4. Recommendation of appointment of Chris Petersen to the position of
Facilities Maintenance Plumber, effective October 15, 2012, subject to
passing physical and drug test -Submitted by Craig Clark, Building
Official/Maintenance Administrator
Special Amusement Application
5. Adrenaline X Laser Tag, Riverfront Stadium located at 850 Park Road,
October 19, 20, 26, and 27, 2012
Going Out of Business Application
6. Ben Franklin Store, 2206 Kimball Avenue (10/04/2012 thru 12/31/2012)
October 1, 2012
Outdoor Service Application
7. Wishbone, 201 West 18th Street (expires January 31, 2013)
Page 3
Roll call vote -Ayes: Six. Motion carried. Mr. Schmitt abstained from the bills
payment to Schmitt Telecom.
PUBLIC HEARINGS
139886 - Schmitt/Welper
that proof of publication of notice of public hearing on FY 2013 Bar Screen
Heater Replacement, Contract #839, as published in the Waterloo Courier on
September 25, 2012, be received and placed on file. Voice vote -Ayes: Six.
Motion carried.
139887 - 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. Motion carried.
139888 - Schmitt/Welper
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with FY 2013 Bar Screen Heater Replacement, Contract #839",
be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2012-964.
139889 - Schmitt/Welper
that "Resolution ordering construction in conjunction with FY 2013 Bar Screen
Heater Replacement, Contract #839", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2012-965.
139890 - Schmitt/Welper
to receive and file and instruct City Clerk to open and read bids and refer to
Waste Management Superintendent for review:
Bidder
Bid
Security
Bid Amount
Story Construction
300 South Bell Avenue
Ames, Iowa 50010-7707
5%
$62,000.00
Voice vote -Ayes: Six. Motion carried.
139891 - Getty/Hart
that proof of publication of notice of public hearing on F.Y. 2013 Trail Repair
Program -Zone 1, Contract #825, as published in the Waterloo Courier on September
25, 2012, be received and placed on file. Voice vote -Ayes: Six. Motion
carried.
139892 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Getty/Hart
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
139893 - Getty/Hart
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with F.Y. 2013 Trail Repair Program -Zone 1, Contract #825",
be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2012-966.
139894 - Getty/Hart
that "Resolution ordering construction in conjunction with F.Y. 2013 Trail
Repair Program -Zone 1, Contract #825", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2012-967.
October 1, 2012
139895 - Getty/Hart
Page 4
to receive and file and instruct City Clerk to open and read bids and refer to
City Engineer for review:
Bidder
Bid
Security
Bid Amount
Aspro, Inc.
PO Box 2620
Waterloo, Iowa 50704
5%
$93,292.75
Voice vote -Ayes: Six. Motion carried.
139896 - Hart/Welper
that proof of publication of notice of public hearing on Designation of
Washington Park as a Local Historic Landmark, generally bounded between South
Street, Washington Street, West Park Avenue and West 3rd Street, as published in
the Waterloo Courier on September 25, 2012, be received and placed on file.
Voice vote -Ayes: Six. Motion carried.
139897 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Ann Olsen, Waterloo Historic Preservation, spoke in support of the designation
as a local historic landmark. She reported that the commission does not want to
govern the everyday functions of the park, only any major renovations.
Mary Potter, 207 Leland, spoke in support of the designation and asked that the
Planning and Zoning Commission and the Leisure Services Commission to explain
the intention of the Commission. She asked that the items be tabled and a
meeting is set.
Gale Quirk, 245 Alta Vista Avenue, spoke in support of the designation.
Mr. Welper spoke in support of the designation with the agreement that Council
remains in control of the park.
Mr. Schmitt reported that the Planning and Zoning commission ruled the way they
did because there is the opportunity for development and funding for the Tech
Works project.
Mr. Hart clarified that the City has control of the parks now and the Planning
and Zoning meeting was a public meeting.
Mary Potter reported that the commissions have had brief discussions.
Paul Huting, Leisure Services Director, reported that in August 2009 the
Historic Preservation Commission requested that the Leisure Services Commission
support the designation of the parks.
Noel Anderson, Community Planning and Development Director, reported that
request goes through Planning and Zoning Commission and staff recommended
following the recommendation of the Leisure Services Commission. He reported
that the Waterloo Historic Preservation Commission has decision-making authority
but it can be appealed to the City Council. He explained that the request was
sent to SHPO office and they were not opposed to the designation.
Mr. Greenwood asked if the parks meet the standards that are required to
designate the parks as a historic landmark.
Ms. Olsen reported that there is a difference in local standards versus state
regulations. This would not govern landscaping because it is only designated as
a site. The parks would not be modified from its current state to achieve the
designation.
Mr. Schmitt expressed concern with giving authority of the parks and clustering
the process.
Mr. Hart reported that this has gone before the Planning and Zoning Commission
and Leisure Services and they have done due diligence.
Hart/Schmitt
that the hearing be closed and oral and written comments and recommendation of
denial of Planning, Programming and Zoning Commission and the Leisure Services
Commission be received and placed on file. Voice vote -Ayes: Five. Nays: One
(Getty). Motion carried.
October 1, 2012 Page 5
139898 - Greenwood/Getty
To table the item. Roll call vote -Ayes: Two. Nays: Four (Getty, Jones, Schmitt,
Hart). Motion failed.
139899 - Hart/Schmitt
that "Resolution denying the request of Waterloo Historic Preservation
Commission to designate Washington Park as a local historic landmark", be
adopted. Roll call vote -Ayes: Four. Nays: Two (Greenwood, Welper)
Resolution adopted and upon approval by Mayor assigned No. 2012-968.
139900 - Schmitt/Hart
that proof of publication of notice of public hearing on Designation of Lincoln
Park as a Local Historic Landmark, generally bounded between East Park Avenue,
East 4th Street, Franklin Street and Mulberry Street, as published in the
Waterloo Courier on September 25, 2012, be received and placed on file. Voice
vote -Ayes: Six. Motion carried.
139901 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Schmitt/Hart
that the hearing be closed and recommendation of denial of Planning, Programming
and Zoning Commission and the Leisure Services Commission be received and placed
on file. Voice vote -Ayes: Six. Motion carried.
139902 - Schmitt/Hart
that "Resolution denying the request of Waterloo Historic Preservation
Commission to designate Lincoln Park as a local historic landmark", be adopted.
Roll call vote -Ayes: Three. Nays: Three (Getty, Greenwood, Welper). Motion
Failed.
139903 - Hart/Schmitt
that proof of publication of notice of public hearing on Designation of Tech 2
(formerly the John Deere C-2 building) as a Local Historic Landmark, located at
360 Westfield Avenue, as published in the Waterloo Courier on September 25,
2012, be received and placed on file. Voice vote -Ayes: Six. Motion carried.
139904 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Hart/Schmitt
that the hearing be closed and oral and written comments and recommendation of
approval of Planning, Programming and Zoning Commission be received and placed
on file. Voice vote -Ayes: Six. Motion carried.
139905 - Hart/Schmitt
that "Resolution approving the request of Cedar Valley Tech Works to designate
Tech 2 as a local historic landmark", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2012-969.
RESOLUTIONS
139906 - Greenwood/Welper
that "Resolution approving and accepting the Bureau of Justice (BJA) funding for
the bulletproof vest partnership grant in the amount of $11,780.00 with a fifty
percent match and authorize the Police Department to purchase replacement
bulletproof vests -Submitted by Dan Trelka, Director of Safety Services", be
adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2012-970.
139907 - Greenwood/Welper
that "Resolution approving Equitable Sharing Agreement and Certification with
the Department of Justice; and authorize Mayor and Director of Safety Services
to execute said document -Submitted by Dan Trelka, Director of Safety Services",
be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2012-971.
October 1, 2012 Page 6
139908 - Greenwood/Welper
that "Resolution approving End User License Agreement for Community Development
Software with Travis Systems, Inc. in the amount of $18,750.00; and authorize
Mayor and City Clerkto execute said document -Submitted by Nancy Gulick,
Community Development Coordinator", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2012-972.
139909 - Schmitt/Greenwood
that "Resolution approving and awarding contract at a reduced bid price in the
amount of $64,458.40.00 to KWS Electric of Cedar Falls, IA for traffic safety
improvements at the intersection of US 63 (Sergeant Rd.) and University Avenue -
Submitted by Sandie Greco, Traffic Operations Superintendent", be adopted. Roll
call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2012-973.
139910 - Schmitt/Greenwood
that "Resolution approving agreement with Iowa Department of Transportation in
the amount of $120,000.00 for the Safe Routes to School Project to install
traffic signals at Baltimore and West 5th Street -Submitted by Sandie Greco,
Traffic Operations Superintendent", be adopted. Roll call vote -Ayes: Five.
Nays: One (Welper).
Sandie Greco, Traffic Superintendent, This is the grant that was approved and it
will include design and engineering. There will be a pedestrian crossing. The
traffic patterns will be studied to see if there are needs for the nearby stop
signs.
Mr. Schmitt questioned the cost and the need for three lights in a three blocks.
He believes the signals will serve multiple purposes.
Mr. Welper believes the children should be let off on the sides of the schools
and additional lights should not be installed.
Resolution adopted and upon approval by Mayor assigned No. 2012-974.
139911 - Schmitt/Greenwood
that Change Order No. 1 for a net increase of $15,666.05 for work performed by
Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa on the F.Y. 2010 Logan
Avenue Sidewalk, Contract No. 782 -Submitted by Eric Thorson, P.E., City
Engineer, be received, placed on file and approved. Voice vote -Ayes: Six.
Motion carried.
139912 - Getty/Hart
that "Resolution approving Completion of Project and Recommendation of
Acceptance of Work performed by Mike Dolan Concrete & Masonry, Inc. of Waterloo,
Iowa at a total cost of $68,706.54 in conjunction with F.Y. 2010 Logan Avenue
Sidewalk, Contract No. 782 -Submitted by Eric Thorson, P.E., City Engineer", be
adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2012-975.
139913 - Getty/Hart
that "Resolution approving an amendment to the original Development Agreement
with Crystal Distribution Services, Inc. date February 2006; to make several
changes for the new project moving forward; and authorize Mayor and City Clerk
to execute said document -Submitted by Noel Anderson, Community Planning and
Development Director", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2012-976.
139914 - Getty/Hart
that "Resolution setting date of hearing as October 15, 2012 to approve a
property exchange agreement with Andrew W. Lusson for the exchange of land owned
by City of Waterloo on Airline Highway and land owned by Mr. Lusson on WCF and N
Road, and instruct City Clerk to publish notice -Submitted by Noel Anderson,
Community Planning and Development Director", be adopted. Roll call vote -Ayes:
Six.
Resolution adopted and upon approval by Mayor assigned No. 2012-977.
October 1, 2012
OTHER COUNCIL BUSINESS
139915 - Getty/Hart
Page 7
that Change Order No. 2 for a net increase of $11,408.09 for work performed by
Peterson Contractors, Inc. of Reinbeck, Iowa on the Anaerobic Lagoon Influent
Pump Station, Contract No. 807 -Submitted by Larry Smith, Superintendent WMS, be
received, placed on file and approved. Voice vote -Ayes: Six. Motion carried.
139916 - Getty/Hart
to instruct Community Development Director to prepare plans, specifications,
form of contract, etc. in conjunction with Asbestos Removal for 523 Dawson
Street, 311 Adams Street, 426 Adams Street, and 425 Almond Street, Contract No.
141 -AR -10 -22 -12 -NSP, be approved. Voice vote -Ayes: Six. Motion carried.
139917 - Getty/Hart
that plans, specifications, form of contract, etc. in conjunction with Asbestos
Removal for 523 Dawson Street, 311 Adams Street, 426 Adams Street, and 425
Almond Street, Contract No. 141 -AR -10 -22 -12 -NSP, be received and placed on file.
Voice vote -Ayes: Six. Motion carried.
139918 - Getty/Hart
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with Asbestos Removal for 523 Dawson Street, 311
Adams Street, 426 Adams Street, and 425 Almond Street, Contract No. 141 -AR -10-
22 -12 -NSP", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2012-980.
139919 - Getty/Hart
that "Resolution setting date of hearing and bid opening as October 15, 2012 and
instruct City Clerk to publish notice of plans, specifications, form of
contract, etc. in conjunction with Asbestos Removal for 523 Dawson Street, 311
Adams Street, 426 Adams Street, and 425 Almond Street, Contract No. 141 -AR -10-
22 -12 -NSP; and instruct City Clerk to publish notice", be adopted. Roll call
vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2012-981.
ORDINANCES
139920 - Welper/Hart
that "an Ordinance rescinding Ordinance No. 5131 passed on September 4, 2012,
which amended the City Code of Ordinances, Title 1 Administration, Chapter 3
General Penalties, Section 2 Municipal Infractions, to increase the civil
penalties for municipal infractions in line with maximums allowed by state law
in conjunction with Rescinding of Ordinance No. 5131 Amending the City Code of
Ordinance, Title 1 Administration, Chapter 3 General Penalties, Section 2
Municipal Infractions (increasing the civil penalties for a municipal
infraction)", be received, placed on file, considered and passed for the first
time. Roll call vote -Ayes: Six. Motion carried.
Chris Wendland, City Attorney's Office, reported that the previous ordinance
incorrectly increased the fines and this will rescind that ordinance and a new
ordinance will be presented to Council to increase the liquor fines.
139921 - Welper/Hart
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried.
139922 - Welper/Hart
that "an Ordinance rescinding Ordinance No. 5131 passed on September 4, 2012,
which amended the City Code of Ordinances, Title 1 Administration, Chapter 3
General Penalties, Section 2 Municipal Infractions, to increase the civil
penalties for municipal infractions in line with maximums allowed by state law",
be considered and passed for the second and third times and adopted. Roll call
vote -Ayes: Six.
Ordinance adopted and upon approval by Mayor assigned No. 5133.
October 1, 2012 Page 8
ORAL PRESENTATIONS
Forest Dillavou, 1725 Huntington Road, expressed concern with the increased
property taxes.
139923 - Hart/Welper
that the above oral comments be received and placed on file. Voice vote -Ayes:
Six. Motion carried.
ADJOURNMENT
139924 - Hart/Welper
that the Council adjourn at 6:35 p.m. Voice vote -Ayes: Six. Motion carried.
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City Cle
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