HomeMy WebLinkAboutMinutes-04/01/2013April 1, 2013
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 1, 2013. Mayor Ernest G. Clark
in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Jim Walsh, City Attorney.
140690 - Hart/Schmitt
that the Agenda, as amended by deleting 1.a.5, for the Regular Session on
Monday, April 1, 2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes:
Seven. Motion carried.
140691 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, March 25,
2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
Mayor Clark performed a Swearing -In of the following Police Officer: John
Koontz.
Presentation by Blessed Maria AssuntaPallotta Catholic School Students and Carol
Luce -Community Service Project of a Proactive Approach for Animal Cruelty.
Mayor Clark read a Proclamation declaring April 2013 as "Fair Housing Month".
The Waterloo/Cedar Falls Board of Realtors presented the City with a photo
collage commemorating 2013 as the 100 -year anniversary of the Code of Ethics for
Realtors.
Mayor Clark read a Proclamation declaring April 1-6, 2013 as "National Community
Development Week".
Mayor Clark read a Proclamation declaring April 6, 2013 as "20th Anniversary of
the Fil-Am Association of Black Hawk County".
Mayor Clark read a Proclamation declaring April 7-14, 2013 as "Days of
Remembrance".
CONSENT AGENDA
140692 - 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 Finance Committee Invoice Summary Report, pp. 1-24,
dated April 1, 2013, in the amount of $721,918.87, 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. 2013-218.
2. Request to cancel assessment for 928 West 2nd Street in the amount of
$259.53; and authorize City Clerk to notify Black Hawk County Treasurer of
said cancellation -Submitted by Suzy Schares, City Clerk
Resolution adopted and upon approval by Mayor assigned No. 2013-219.
3. Request of Cedar Valley Pride Fest Incorporated for a variance to the
Noise Ordinance from 10:00 a.m. Saturday, August 24, 2013 to 12:00 a.m.
Sunday, August 25, 2013 to hold 2nd Annual Cedar Valley Pride Fest along
the 300 block of West 4th Street to include a live DJ and use of PA
system -Submitted by David R. Zellhoefer, Assistant City Attorney
Resolution adopted and upon approval by Mayor assigned No. 2013-220.
4. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00
with XO Food & Liquor of 428 Franklin Street, for sale of tobacco, tobacco
products or cigarettes to persons under 18 years of age -Submitted by David
R. Zellhoefer, Assistant City Attorney
Resolution adopted and upon approval by Mayor assigned No. 2013-221.
April 1, 2013 Page 2
5. Request of Dale Hixson of the Waterloo Memorial Day Board, to hold
Memorial Day Parade and Services on May 27, 2013 starting 9:30 a.m., with
the route to start at Commercial Street and 5th Street, west along
Commercial Street, turn north on Park Avenue, turn east on Mulberry
Street, turn south on 5th Street and end at Veterans Memorial Hall located
on the corner of West 5th Street and Cedar Street -Submitted by Joe Leibold,
Captain of Police Services
Resolution adopted and upon approval by Mayor assigned No. 2013-222.
6. Request of Margarita Melchor for a variance to the Noise Ordinance on July
13, 2013 from 2:00 p.m. to 4:30 p.m. in conjunction with Birthday Party
event to be held at 1836 Forest Avenue including a band, together with
recommendation of approval of Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2013-223.
7. 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:
Address
Name & Title
of Personnel
Amount to
certify
330 Crescent
Place
$2,400.00
Resolution adopted and upon approval by Mayor assigned No. 2013-224.
8. Request to designate April 1-6, 2013 as National Community Development
Week to commemorate the Community Development Block Grant program in the
City of Waterloo, Iowa -Submitted by Rudy Jones, Community Development
Director
Resolution adopted and upon approval by Mayor assigned No. 2013-225.
b. Motion to approve the following:
1.
2.
3.
4.
5.
6.
7.
Travel Requests
Name & Title
of Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Steve Carey,
Confined Space
Albert
4/9/2013 -
$662.50
Paramedic
Rescue
City, IA
4/12/2013
Officer Moore,
Basic Spanish
Johnston,
4/16/13 -
$105.00
Police
for Law
Iowa
4/18/13
Department
Enforcement
Paul Huting,
Iowa Park and
Des Moines,
4/8/13 -
$375.00
Leisure
Rec Assoc
IA
4/10/13
Services
Spring Conf
Director
Sgt. Farmer,
Narcotics
Waterloo,
4/8/13 -
$750.00
Officer Bovy,
& Officer Bose
Canine
Workshop
IA
4/10/13
Lt. Carrier
Internal
Dubuque, IA
5/6/13 -
$870.00
Affairs
5/10/13
Investigations
Course
Amended -
First Line
Johnston,
4/22-26,
$3,260.00 +
Sergeant
Supervisor
IA
2013
$144.00 =
Camarata;
School
$3,404.00
Sergeant
McGeough;
Sergeant
Rasmussen;
Sergeant
Feaker
Phillip
International
Davenport,
4/3/2013 -
$450.49
Schuppert,
Storm Water
Erosion
Control
IA
4/5/2013
Specialist
Association
Spring
Workshop
April 1, 2013
Page 3
8. Recommendation of appointment of Zanaida Mekanovic-Greider to the position
of Waste Services Technician effective April 9, 2013 -Submitted by Larry
Smith, Waste Management Services Superintendent
Class C Beer License Permit Application
9. XO Food & Liquor, 428 Franklin Street (Renewal) (Expires 12/14/2013)
(Includes Sunday Sales)
10.Prime Mart, 508 Broadway Street (Renewal) (Expires 3/31/2014) (Includes
Sunday Sales)
Class C Liquor License Permit Application
11.The Other Place, 360 E. Ridgeway Avenue (Renewal) (Expires 1/25/2014)
(Includes Sunday Sales)
Class E Liquor License Permit Application
12.Prime Mart, 508 Broadway Street (Renewal) (Expires 3/31/2014) (Includes
Sunday Sales)
13.X0 Food & Liquor, 428 Franklin Street (Renewal) (Expires 12/14/2013)
(Includes Sunday Sales)
Special Class C Beer/Wine License Permit Application
14.Cedar Valley Golf Center, 1850 West Ridgeway Avenue (New) (Expires
3/1/2014) (Includes Sunday Sales)
Class B Wine License Permit Application
15.X0 Food & Liquor, 428 Franklin Street (Renewal) (Expires 12/14/2013)
(Includes Sunday Sales)
16.Prime Mart, 508 Broadway Street (Renewal) (Expires 3/31/2014) (Includes
Sunday Sales)
Outdoor Service Area Application
17.Cedar Valley Golf Center, 1850 West Ridgeway Avenue
Ownership Update Only
18.Demi's Blue Martini Lounge, 728 Commercial Street
19.Bonds
Vehicle For Hire Business License Application
20.City Cab, 1211 North Barclay Street
Roll call vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
140693- Schmitt/Welper
that proof of publication of notice of public hearing on Development Agreement
with Laura and Mike Hoy to sell and convey 335 Almond Street for $5,000.00, as
published in the Waterloo Courier on March 28, 2013, be received and placed on
file. Voice vote -Ayes: Seven. Motion carried.
140694 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Mr. Schmitt expressed gratitude for the work in the neighborhood by the Hoy's.
Schmitt/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
140695 - Schmitt/Welper
that "Resolution authorizing said sale and conveyance, and authorize City
Attorney to prepare and deliver deed accordingly in conjunction with Development
Agreement with Laura and Mike Hoy to sell and convey 335 Almond Street for
$5,000.00", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-226.
140696 - Schmitt/Welper
that "Resolution approving said development agreement; and authorize Mayor and
City Clerk to execute said document in conjunction with Development Agreement
with Laura and Mike Hoy to sell and convey 335 Almond Street for $5,000.00", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-227.
April 1, 2013
RESOLUTIONS
140697 - Greenwood/Schmitt
Page 4
that "Resolution approving Professional Service Agreement with AECOM for the
designing and bidding services for the Waterloo Easton Water Pollution Control
Facility Belt Press Addition in the amount of $160,000.00; and authorize Mayor
to execute said document -Submitted by Larry N. Smith, Waste Management Services
Superintendent", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-228.
140698 - Greenwood/Schmitt
that "Resolution approving Professional Service Agreement with AECOM for the
designing and bidding services for the Miscellaneous Equipment and Piping
Replacement at the Easton Water Pollution Control Facility in the amount of
$15,000.00; and authorize Mayor to execute said document -Submitted by Larry N.
Smith, Waste Management Services Superintendent", be adopted. Roll call vote -
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-229.
140699 - Greenwood/Schmitt
that "Resolution approving recommendation of award of bid to Vermeer of Eastern
Iowa of Tipton, Iowa in the amount of $49,250.00, minus $20,000.00 trade for a
net total price of $29,250.00 for the Purchase of One (1) 2013 Stump Cutter -
Submitted by Mark Rice, Public Works Director", be adopted. Roll call vote -
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-230.
140700 - Greenwood/Hart
that "Resolution approving Memorandum of Agreement with Black Hawk County Health
to install outdoor fitness equipment at Furgerson-Fields Park in an amount not
to exceed $17,600.00; and authorize Mayor and City Clerk to execute said
document -Submitted by Paul Huting, Leisure Services Director", be adopted. Roll
call vote -Ayes: Six. Nays: One (Welper).
Mr. Welper thanked the Health Department and Wellmark for working to provide
outdoor fitness equipment. He noted that Allen Hospital did this type of project
twenty years ago and it was not used. He expressed concern with the agreement.
He suggested using the funds for fitness centers and the Sportsplex as vouchers
for those who are serious about exercising.
Paul Huting, Leisure Services Director, reported that a similar structure is in
Cedar Falls and the equipment is very durable. There will be instructions for
using the equipment and safety has been considered.
Mr. Hart noted that Furgerson-Fields is used by the neighborhood and they will
be serious about being healthy.
Mr. Welper noted that the playground equipment has been removed from a lot of
the parks and he expressed concern with the liability of the structure.
Mr. Getty noted the change in construction and safety with playground equipment
over the last 25 years.
Resolution adopted and upon approval by Mayor assigned No. 2013-231.
140701 - Hart/Welper
that "Resolution approving West 8th Street Railroad Crossing Surface Repair
Agreement with the Iowa Department of Transportation and the Iowa Northern
Railway Company for the installation of a 45 -lineal foot concrete surface
crossing at the West 8th Street railroad crossing -Submitted by Jeff Bales,
Associate Engineer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-232.
April 1, 2013
140702 - Hart/Welper
Page 5
that "Resolution approving West 7th Street Railroad Crossing Surface Repair
Agreement with the Iowa Department of Transportation and the Iowa Northern
Railway Company for the installation of a 90 -lineal feet concrete surface
crossing at the West 7th Street railroad crossing -Submitted by Jeff Bales,
Associate Engineer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-233.
140703 - Hart/Welper
that "Resolution approving Construction Plans and Sanitary Sewer Serving United
Medical Park South Sanitary Sewer Extension, as submitted by VJ Engineering of
Cedar Falls, Iowa; and Sewage Treatment Agreement DNR Form 29 (Nov 00) with the
Department of Natural Resources and the final acceptance of construction plans
subject to the review and acceptance by the DNR -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. 2013-234.
140704 - Schmitt/Hart
that "Resolution approving recommending a preliminary impact area to obtain
National Environmental Policy Act (NEPA) clearance for the Iowa Department of
Transportation's University Avenue/Iowa 934 project in the City of Waterloo -
Submitted by Noel Anderson, Community Planning & Development Director", be
adopted. Roll call vote -Ayes: Seven.
Pete Hosch, Hy -Vee Corporate Offices, spoke in support of the resolution but
opposed the roundabouts proposed for the project.
Mr. Getty clarified this is just approving the study.
Eric Thorson, City Engineer, reviewed the process to improve the University
Avenue corridor and explained that this resolution is just approving the
footprint for the environmental study.
Resolution adopted and upon approval by Mayor assigned No. 2013-235.
140705 - Schmitt/Welper
that "Resolution setting date of hearing as April 8, 2013 to approve request by
Kess& Associates on behalf of Black Hawk Contracting and Development for a site
plan amendment to the "R-1, R -P" Planned One and Two Family Residence District,
to allow for the construction of up to 6 new single-family homes, generally
located along Madison and Monroe Streets, west of Idaho Street; and instruct
City Clerk to publish notice -Submitted by Noel Anderson, Community Planning &
Development Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-236.
140706 - Schmitt/Welper
that "Resolution setting date of hearing as April 8, 2013 to approve a
Development Agreement with Black Hawk Contracting and Development for the sale
and conveyance of 6 residential lots on Madison and Monroe Streets for $1.00 for
the purpose of constructing 6 single-family homes; and instruct City Clerk to
publish notice -Submitted by Noel Anderson, Community Planning & Development
Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-237.
OTHER COUNCIL BUSINESS
140707 - Hart/Welper
to instruct Waste Management Services Superintendent to prepare plans,
specifications, form of contract, etc. in conjunction with 2013 Lift Stations &
Complaint Mowings with Complaint Snow Removals, be approved. Voice vote -Ayes:
Seven. Motion carried.
140708 - Hart/Welper
that plans, specifications, form of contract, etc. in conjunction with 2013 Lift
Stations & Complaint Mowings with Complaint Snow Removals, be received and
placed on file. Voice vote -Ayes: Seven. Motion carried.
April 1, 2013
140709 - Hart/Welper
Page 6
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with 2013 Lift Stations & Complaint Mowings with
Complaint Snow Removals", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-238.
140710 - Hart/Welper
that "Resolution setting date of hearing and bid opening as April 15, 2013; and
instruct City Clerk to publish notice of plans, specifications, form of
contract, etc. in conjunction with 2013 Lift Stations & Complaint Mowings with
Complaint Snow Removals", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-239.
140711 - Hart/Welper
to instruct Leisure Services Director to prepare plans, specifications, form of
contract, etc. in conjunction with 2013 Right of Way Contract Mowing, be
approved. Voice vote -Ayes: Seven. Motion carried.
140712 - Hart/Welper
that plans, specifications, bid documents, etc. in conjunction with 2013 Right
of Way Contract Mowing, be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
140713 - Hart/Welper
that "Resolution preliminarily approving plans, specifications, bid documents,
etc. in conjunction with 2013 Right of Way Contract Mowing", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-240.
140714 - Hart/Welper
that "Resolution setting date of hearing and bid opening as April 15, 2013; and
instruct City Clerk to publish notice of plans, specifications, bid documents,
etc. in conjunction with 2013 Right of Way Contract Mowing", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-241.
140715 - Hart/Welper
to instruct Director of Technology to prepare plans, specifications, form of
contract, etc. in conjunction with City Telephone Replacement Project, be
approved. Voice vote -Ayes: Six. Motion carried. Mr. Schmitt abstained.
140716 - Hart/Welper
that plans, specifications, form of contract, etc. in conjunction with City
Telephone Replacement Project, be received and placed on file. Voice vote -Ayes:
Six. Motion carried. Mr. Schmitt abstained.
140717 - Hart/Welper
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with City Telephone Replacement Project", be
adopted. Roll call vote -Ayes: Six. Mr. Schmitt abstained.
Resolution adopted and upon approval by Mayor assigned No. 2013-242.
140718 - Hart/Welper
that "Resolution setting date of hearing and bid opening as April 22, 2013; and
instruct City Clerk to publish notice of plans, specifications, form of
contract, etc. in conjunction with City Telephone Replacement Project", be
adopted. Roll call vote -Ayes: Six. Mr. Schmitt abstained.
Resolution adopted and upon approval by Mayor assigned No. 2013-243.
4
April 1, 2012
Page 7
ORAL PRESENTATIONS
None
ADJOURNMENT
140719 - Hart/Welper
that the Council adjourn at 6.35 p.m. Voice vote -Ayes: Seven. Motion carried.
Suzy Sc res
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