HomeMy WebLinkAboutMinutes-04/08/2013April 8, 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 8, 2013. Mayor Ernest G. Clark
in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Michelle Weidner, Chief Financial Officer.
140720 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, April 8, 2013,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
140721 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, April 1, 2013,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
Mayor Clark read a Proclamation declaring April 9, 2013 as "Equal Pay Day".
Tammy Turner, Waste Trac Recycling Educator with Black Hawk County Solid Waste
Management Commission, gave a presentation on the Electronics & Household
Hazardous Materials Drop-off Event to be held on Saturday, April 13, 2013.
CONSENT AGENDA
140722 - 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 8, 2013, in the amount of $2,429,569.34, 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. 2013-244.
2. Request to cancel assessment for 702 North Barclay Street in the amount of
$571.94 and adjacent parcel number 8913-24-204-009 in the amount of
$182.50; 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. 2013-245.
3. Request of the Cedar Valley Irish Cultural Association to hold 7th Annual
Iowa Irish Fest event on August 1-5, 2013 at Lincoln Park, including
closing the following streets from 8:00 a.m. on July 29, 2013 through 5:00
p.m. August 5, 2013: 4th Street from Franklin Street to Lafayette Street;
Mulberry Street from Park Avenue to 5th Street; and Park Avenue from
Mulberry Street to Franklin Street; together with recommendation of
approval of Director of Safety Services -Submitted by Joe Leibold, Captain
of Police Services.
Resolution adopted and upon approval by Mayor assigned No. 2013-246.
4. Request of Iowa Irish Fest Committee to hold 5K Walk/Run event to start
and finish at 4th and Mulberry Street on Saturday, August 3, 2013 from
6:15 a.m. to 9:00 a.m., together with recommendation of approval of
Director of Safety Services -Submitted by Joe Leibold, Captain of Police
Services
Resolution adopted and upon approval by Mayor assigned No. 2013-247.
5. Request of Cedar Valley Irish Cultural Association Inc. for Iowa Irish
Fest for a variance to the Noise Ordinance on Friday, August 2, 2013
through Sunday, August 4, 2013 in conjunction with Iowa Irish Fest events
that will be held at Lincoln Park and 4th Street from Mulberry to
Lafayette Streets, including live bands and PA system, together with
recommendation of approval of Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2013-248.
April 8, 2013
Page 2
6. Request of Hawkeye Community College for an exception to burning yard
waste to burn 1.5 acres of prairie grass located east of Hawkeye Center
and Campus View Drive; and 6 acres of prairie grass located north of
Arboretum Drive west of Hess Road during the time period of March -May
2013, together with recommendation of approval of the Chief of Fire
Services.
Resolution adopted and upon approval by Mayor assigned No. 2013-249.
7. Request of Joann Lockard for an exception to burning yard waste to burn 5
acres of prairie grass located behind Baird Industries on Logan Avenue on
April 15, 2013, together with recommendation of approval of the Chief of
Fire Services.
Resolution adopted and upon approval by Mayor assigned No. 2013-250.
b. Motion to approve the following:
1.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Michelle Weidner,
Chief Financial
Officer
IMFOA Spring
Meeting
Des Moines,
Iowa
April
18-19,
2013
$240.00
2. Recommendation of appointment of Glenn Bearbower to the position of Park
Maintenance II -Forestry, effective April 23, 2013 pending completion of
pre-employment physical exam and drug testing -Submitted by Paul Huting,
Leisure Services Director
Class C Liquor License Permit Application
3. Wishbone, 201 West 18th Street (Renewal) (Expires 1/31/2014) (Includes
Sunday Sales & Catering Privilege)
4. Red Carpet Golf, 1409 Newell Street (Renewal) (Expires 4/4/2014) (Includes
Sunday Sales)
Outdoor Service Area Application
5. Wishbone, 201 West 18th Street
6. Red Carpet Golf, 1409 Newell Street
Roll call vote -Ayes: Seven. Item 1.b.2 Ayes: Five. Nays: Two (Jones, Schmitt).
Motion carried. Mr. Hart abstained from item la.6. Mr. Jones suggested getting
a plan for vacant positions.
PUBLIC HEARINGS
140723 - Hart/Welper
that proof of publication of notice of public hearing on F.Y. 2013 Storm Water
Pump Stations (Virden Creek, Westfield Avenue and Vinton Street), Contract No.
831, as published in the Waterloo Courier on April 4, 2013, be received and
placed on file. Voice vote -Ayes: Seven. Motion carried.
140724 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Hart/Welper
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
140725 - Hart/Welper
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with F.Y. 2013 Storm Water Pump Stations (Virden Creek,
Westfield Avenue and Vinton Street), Contract No. 831", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-251.
140726 - Hart/Welper
that "Resolution ordering construction in conjunction with F.Y. 2013 Storm Water
Pump Stations (Virden Creek, Westfield Avenue and Vinton Street), Contract No.
831", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-252.
April 8, 2013 Page 3
140727 - Hart/Welper
to receive and file and instruct City Clerk to open and read bids and refer to
City Engineer for review in conjunction with F.Y. 2013 Storm Water Pump Stations
(Virden Creek, Westfield Avenue and Vinton Street), Contract No. 831:
Bidder
Bid
Security
Bid Amount
Carl A. Nelson & Co.
1815 Des Moines Avenue
Burlington, IA 52601
5%
$3,938,000.00
John T. Jones Construction Co.
2213 7th Avenue N
P.O. Box 2424
Fargo, ND 58108
5%
$3,435,524.00
Rice Lake Construction Group
22360 County Rd 12
Deerwood, MN 56444
5%
$3,338,600.00
Story Construction
300 South Bell Avenue
Ames, IA 50010
5%
$3,115,000.00
Woodruff Construction, LLC
1890 Kountry Lane
Fort Dodge, IA 50501
5%
$3,605,700.00
Voice vote -Ayes: Seven. Motion carried.
140728 - Getty/Hart
that proof of publication of notice of public hearing on F.Y. 2013 Sidewalk
Repair Program - Zone 3 and Trail Repairs, Contract No. 848, as published in the
Waterloo Courier on April 4, 2013, be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
140729 - 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: Seven. Motion carried.
140730 - Getty/Hart
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with F.Y. 2013 Sidewalk Repair Program - Zone 3 and Trail
Repairs, Contract No. 848", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-253.
140731 - Getty/Hart
that "Resolution ordering construction in conjunction with F.Y. 2013 Sidewalk
Repair Program - Zone 3 and Trail Repairs, Contract No. 848", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-254.
April 8, 2013 Page 4
140732 - Getty/Hart
to receive and file and instruct City Clerk to open and read bids and refer to
City Engineer for review in conjunction with F.Y. 2013 Sidewalk Repair Program -
Zone 3 and Trail Repairs, Contract No. 848:
Bidder
Bid
Security
Bid Amount
B & B Builders & Supply
5728 Sierra Drive
Waterloo, IA 50701
5%
$192,700.78
Boulder Contracting, LLC
25789 N Avenue
Grundy Center, IA 50638
5%
$141,972.38
Mike Dolan Concrete & Masonry Inc.
1140 Fairchild Street
Waterloo, IA 50703
5%
$164,729.28
Prairie Construction Services, Inc.
321 West 18th Street
Waterloo, IA 50702
5%
$172,518.20
Voice vote -Ayes: Seven. Motion carried.
140733 - Schmitt/Welper
that proof of publication of notice of public hearing on Request of 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, as published in the
Waterloo Courier on April 4, 2013, be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
140734 - 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 and recommendation of approval of Planning,
Programming and Zoning Commission be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
140735 - Schmitt/Welper
that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo
Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-
4-4, Approving a Site Plan Amendment on Certain Property in conjunction with
Request of 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", be
received, placed on file, considered and passed for the first time. Roll call
vote -Ayes: Seven. Motion carried.
140736 - Schmitt/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
140737 - Schmitt/Welper
that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo
Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-
4-4, Approving a Site Plan Amendment on Certain Property in conjunction with
Request of 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", be
considered and passed for the second and third times and adopted. Roll call
vote -Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 5156.
•
April 8, 2013 Page 5
140738 - Hart/Welper
that proof of publication of notice of public hearing on 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, as published in the Waterloo Courier on
April 4, 2013, be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
140739 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Mr. Greenwood questioned if the City advertised for developers.
Noel Anderson, Community Planning and Development Director, noted that it has
not been advertised to the developers but it was made clear that the City was
looking for developers and Mr. Roof was the one who brought a proposal. He will
have to build at least 3 homes by March 31, 2014 and 3 more by March 31, 2015.
Hart/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
140740 - Hart/Welper
that "Resolution authorizing said sale and conveyance, and authorize City
Attorney to prepare and deliver deed accordingly in conjunction with 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", be adopted. Roll call vote -
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-255.
140741 - Hart/Welper
that "Resolution approving said development agreement; and authorize Mayor and
City Clerk to execute said document in conjunction with 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", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-256.
RESOLUTIONS
140742 - Greenwood/Hart
that "Resolution approving submission of grant application to Guernsey
Charitable Foundation in the amount of $10,000.00 and Community Foundation of
Northeast Iowa in the amount of $10,000.00 to be used to support a public art
project for the addition of a permanent large-scale kinetic sculpture to be
erected at the entrance to the Phelps Youth Pavilion -Submitted by Kent Shankle,
Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-257.
140743 - Greenwood/Hart
that "Resolution approving Consortium Cooperation Agreement with the City of
Cedar Falls for approximately $50,000.00 of Federal HOME Program Funds per year
from July 1, 2014 to June 30, 2017, and submit to the U.S. Department of Housing
and Urban Development; and authorize Mayor and City Clerk to execute said
document -Submitted by Rudy D. Jones, Community Development Director", be
adopted. Roll call vote -Ayes: Seven.
Rudy Jones, Community Development Director, commented that the City is
responsible for having a 5 year plan and the consortium allows the City to
receive a larger amount of funds.
Resolution adopted and upon approval by Mayor assigned No. 2013-258.
April 8, 2013 Page 6
140744 - Greenwood/Hart
that "Resolution approving 28E Agreements for Fiscal Year 2014 Fire Protection
with Cedar Township; East Waterloo Township and City of Elk Run Heights; and
authorize Mayor and City Clerk to execute said documents -Submitted by Pat
Treloar, Chief of Fire Services", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-259.
140745 - Schmitt/Greenwood
that "Resolution approving a Lease Agreement with Rousselow Bros. Farms, Inc. to
farm approximately 31 acres of land located near the northwest corner of Martin
Road and West Ridgeway Avenue in the amount of $3,720.00 with the term ending on
December 31, 2013; and authorize Mayor and City Clerk to execute said document -
Submitted by Noel Anderson, Community Planning & Development Director", be
adopted. Roll call vote -Ayes: Seven.
Noel Anderson, Community Planning and Development Director, noted that the farm
lease rates will be rebid this summer.
Resolution adopted and upon approval by Mayor assigned No. 2013-260.
140746 - Schmitt/Greenwood
that "Resolution approving Lease Agreement with Michael Cook to farm
approximately 24.45 acres of land located along the east side of WCF&N Drive,
south of 2570 WCF&N Drive in the amount of $2,200.00 with the term ending on
December 31, 2013; and authorize Mayor and City Clerk to execute said document -
Submitted by Noel Anderson, Community Planning & Development Director", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-261.
140747 - Schmitt/Greenwood
that "Resolution approving Ambulance Services Agreement with Allen Hospice to
provide medical transportation of Hospice patients to their facility; and
authorize Mayor and City Clerk to execute said document -Submitted by Pat
Treloar, Chief of Fire Services", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-262.
140748 - Hart/Schmitt
that "Resolution approving Policy for Healthy Vending Nutrition Options for
recreation centers and parks in accordance with guidelines set forth for the
Waterloo Blue Zones Initiative -Submitted by Paul Huting, Leisure Services
Director", be adopted. Roll call vote -Ayes: Six. Nays: One (Cole).
Sue Beach, Program Manager for Waterloo -Cedar Falls Blue Zone Project, noted
that this is not about taking away choices it is just adding more choices. It
will allow at least 30% healthy choices. On Friday, April 12, 2013 Newtons Cafe
will be recognized as the first Blue Zone Restaurant, Orange Elementary will be
honored as the first School and worksite. The City of Waterloo has reached 70%
of its goal to have at least 20% of Waterloo residents take healthy steps toward
making a change.
Resolution adopted and upon approval by Mayor assigned No. 2013-263.
140749 - Hart/Schmitt
that "Resolution approving Policy for Healthy Food and Beverages at City
Sponsored Youth Sporting Events in accordance with guidelines set forth for the
Waterloo Blue Zones Initiative -Submitted by Paul Huting, Leisure Services
Director", be adopted. Roll call vote -Ayes: Six. Nays: One (Cole).
Resolution adopted and upon approval by Mayor assigned No. 2013-264.
140750 - Hart/Schmitt
that "Resolution approving total acquisition contracts with Maxine Scott for
parcel number 8913-16-151-015, Lot 4 of Auditor Barnes Plat No. 5 in the amount
of $1,225.00 plus up to $600.00 in closing expenses in conjunction with the
Sherwood Park Recreation Area and Hartman Reserve Nature Center Additions
Project; and authorize Mayor and City Clerk to execute said document -Submitted
by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-265.
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April 8, 2013 Page 7
140751 - Welper/Hart
that Change Order Nos. 1, 2 and 3 for a net increase of $1,130.56 for work
performed by DB Acoustics, Inc. of Marion, Iowa for the Five Sullivan Brothers
Convention Center Audio Upgrade -Submitted by Craig Clark, Building
Official/Maintenance Administrator, be received, placed on file and approved.
Voice vote -Ayes: Seven. Motion carried.
140752 - Welper/Hart
that "Resolution approving Completion of Project and Final Acceptance of Work
performed by DB Acoustics, Inc. of Marion, Iowa at a total cost of $73,125.56
for the Five Sullivan Brothers Convention Center Audio Upgrade -Submitted by
Craig Clark, Building Official/Maintenance Administrator", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-266.
140753 - Welper/Hart
that "Resolution approving agreement with Government Relations for the writing,
preparation, and submittal of OCS and EDA grants for development and capital
improvement projects in the City of Waterloo, with Government Relations being
paid $48,000.00 for said work; 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.
Noel Anderson, Community Planning and Development Director, noted that they will
be working on millions of dollars of grant funds. They have been successful in
receiving all the previous grants they have worked on.
Resolution adopted and upon approval by Mayor assigned No. 2013-267.
140754 - Schmitt/Greenwood
that "Resolution setting date of hearing as April 22, 2013 to approve request by
Sunnyside South Addition, LLC to rezone 16.083 acres of land from "R-1" One and
Two Family Residence District, "R -4,R -P" Planned Residence District and "C -2,C -
Z" Conditional Zoning District to "R-1" One and Two Family Residence District,
located along the north side of West San Marnan Drive between Ansborough Avenue
and West 4th Street; and instruct City Clerk to publish notice -Submitted by Aric
Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-268.
140755 - Schmitt/Greenwood
that "Resolution setting date of hearing as April 22, 2013 to approve request of
Habitat for Humanity of Black Hawk County to purchase a vacant lot commonly
known as 332 Irving Street for $1.00; 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. 2013-269.
140756 - Schmitt/Greenwood
that "Resolution setting date of hearing as April 22, 2013 to review the
proposed funding recommendations set forth by the Community Development Board
for CDBG and HOME Program funds for the FY2014 Waterloo/Cedar Falls HOME
Consortium Consolidated Plan application; and instruct City Clerk to publish
notice -Submitted by Rudy Jones, Community Development Director", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-270.
ORDINANCES
140757 - Hart/Greenwood
that "an Ordinance vacating a 33 foot by 74 foot portion of alley located in
Block 14 of Hayes Addition bounded by Commercial and West 18th Streets in
conjunction with request of R & M Metals for the vacation and conveyance of a
city -owned 33 foot by 74 foot portion of alley located in Block 14 of Hayes
Addition bounded by Commercial and West 18th Streets in the amount of $800.00",
be received, placed on file, considered and passed for the first time. Roll
call vote -Ayes: .Seven. Motion carried.
April 8, 2013 Page 8
140758 - Hart/Greenwood
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
140759 - Hart/Greenwood
that "an Ordinance vacating a 33 foot by 74 foot portion of alley located in
Block 14 of Hayes Addition bounded by Commercial and West 18th Streets in
conjunction with request of R & M Metals for the vacation and conveyance of a
city -owned 33 foot by 74 foot portion of alley located in Block 14 of Hayes
Addition bounded by Commercial and West 18th Streets in the amount of $800.00",
be considered and passed for the second and third times and adopted. Roll call
vote -Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 5157.
140760 - Hart/Greenwood
that "Resolution authorizing said sale and conveyance; and authorize City
Attorney to prepare and deliver deed accordingly in conjunction with request of
R & M Metals for the vacation and conveyance of a city -owned 33 foot by 74 foot
portion of alley located in Block 14 of Hayes Addition bounded by Commercial and
West 18th Streets in the amount of $800.00", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-271.
ORAL PRESENTATIONS
Pat Morrisey, Cedar Valley Bike Coop, noted that May 4th will be the open of
McFarland Bridge and there will be a bike ride on the starting at Gateway Park.
Alejandro Hughes, Waterloo Blue Zones, thanked Paul Huting and Leisure Services
for their assistance with the Blue Zone Project and the recently passed
resolutions.
Mayor Clark noted that the recycle bins at the Chamberlain Site have been shut
down due to severe abuse. There are new bins at 3rd and Franklin.
140761 - Hart/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
140762 - Hart/Schmitt
that the Council adjourn at 6:18 p.m. Voice vote -Ayes: Seven. Motion carried.
Suzy Scha es
City Cle k