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HomeMy WebLinkAboutMinutes-08/12/2013August 12, 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, August 12, 2013. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Welper, Hart. Absent: Schmitt. Moment of Silence. Pledge of Allegiance: David Jones, Ward 1 Council Member. 141363 - Hart/Greenwood that the Agenda, as amended, for the Regular Session on Monday, August 12, 2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. 141364 - Hart/Greenwood that the Minutes, as proposed, for the Regular Session on Monday, August 5, 2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. Mayor Clark read a Proclamation declaring August 12 - 18, 2013, as "Waterloo Bucks Week". Mayor Clark presented Certificates of Retirement, Plaques, and Badges to reserves officers Dale Hall (1978-2012) and Joel Cizek (1999-2012). CONSENT AGENDA 141365 - Hart/Greenwood 1. 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, dated August 12, 2013, in the amount of $3,865,210.44, 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. 2013-668. 2. Request of James Buehner for a concrete driveway to be located at 816 Midland Street, together with recommendation of approval of City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2013-669. 3. Request of Barbara L. Brainard for a concrete driveway to be located at 4834 William Drive, together with recommendation of approval of City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2013-670. 4. Request of Steven Droste for a concrete driveway to be located at 1445 Arbor Lane together with recommendation of approval of City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2013-671. 5. Resolution rescinding Resolution No. 2013-460 that was inadvertently adopted on June 3, 2013 authorizing the sale of City -owned property located at 532 Sumner Street to Wendell Gaines for $1.00, plus costs, for rehabilitation of the residential property. Resolution adopted and upon approval by Mayor assigned No. 2013-672. b. Motion to approve the following: Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to exceed Craig Clark, Building Official/Maintenance Administrator ICC Annual Conference & Code Hearings Atlantic City, NJ Sept. 28 - Oct. 7, 2013 $2,605.00 August 12, 2013 2. 3. 4. 5. Page 2 Chawne Paige, Digital Arts Manager & Elizabeth Andrews, Registrar Haitian Art Society Conference Atlanta, Georgia Aug. 14 -20, 2013 $1,990.00 Adam Liddle, Police Officer Highway Drug Investigations Johnston, Iowa Sept. 25 -27, 2013 $355.00 Dan Trelka, Police Chief; Tim Pillack, Captain; Todd Wilson, Greg Petersen, Clear Lake Police Dept. Mid -States Organization Crime Information Center Conference Bloomingdale, Illinois Sept. 9- 13, 2013 $3,712.48 Rebecca Johnson, Human Rights Specialist 16th Annual EXCEL Training Conference Denver, Colorado August 26 - Sept. 2, 2013 $2,967.60 8. 9. 10. 11. 12. 13. 14. 15. 6. Recommendation of appointment of Lance Even to the position of Park Maintenance II - Forestry effective pending pre-employment physical exam and drug testing. 7. Request of Joe Leibold to hold Bridge 2 Bridge Bike Ride event to be held on August 17, 2013, with the route to start at Gateway Park in Cedar Falls at 8:30 a.m. and end at McFarlane Park, south of La Porte City at 11:00 a.m. Resolution adopted and upon approval by Mayor assigned No. 2013-674. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Black Hawk Tennis Club 1005 Black Hawk Road B Beer, Outdoor Service Renewal 5/31/14 X Gates Park Golf Shop 820 E. Donald Street C Liquor, Outdoor Service Renewal 5/10/14 X Kum & Go 117 E. San Marnan Drive E Liquor, B Wine, C Beer Renewal 6/30/14 X Light House Lounge 1307 W. 5th Street C Liquor Renewal 6/28/14 X National Dairy Cattle Congress 250 Ansborough Avenue C Liquor Renewal 2/28/14 X Plaid Peacock 316 W. 3rd Street B Native Wine (WBN) Renewal 5/29/14 Sunnyside Country Club 1600 Olympic Drive A Liquor, Outdoor Service Renewal 4/13/14 X WCA Building & Amphitheatre 225 Commercial Street C Liquor, Outdoor Service New 8/22/13 - 8/27/13 16. Bonds Roll call vote -Ayes: Six. Motion carried. PUBLIC HEARINGS 141366 - Hart/Welper that proof of publication of notice of public hearing on Request for Proposal for Demolition and Site Clearance Services RACM (regulated asbestos -containing materials) for the former Lafayette School located at 2265 Lafayette Street, as published in the Waterloo Courier on August 1, 2013, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 141367 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Welper August 12, 2013 that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 141368 - Hart/Welper that `Resolution confirming approval of specifications, bid document, form of contract, etc., be adopted." Roll call vote -Ayes: Six. Page 3 Resolution adopted and upon approval by Mayor assigned No. 2013-675A. 141369 - Hart/Welper that "Resolution ordering construction, be adopted." Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-676. 141370 - Hart/Welper that motion to receive and file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review, be received, placed on file and approved. Voice vote -Ayes: Six. Motion carried. Bidder Bid Security Bid Amount Active Thermal Concepts Hiawatha, Iowa 5% $544,343.00 Benton's Sand & Gravel, Inc. Cedar Falls, Iowa 5% $328,617.54 Kelly Demolition & Excavating, LLC Mount Vernon, Iowa 5% $172,900.00 Lansing Bros. Construction Co., Inc. Luxemburg, Iowa $14,165.00 $283,300.00 141371 - Greenwood/Welper that proof of publication of notice of public hearing on Reallocation of $100,000 of Series 2011A bond funds from the fire department projects to be used to install a water main to be used for fire suppression near businesses along Highway 63 South, as published in the Waterloo Courier on August 1, 2013, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 141372 - This being the time and place of public hearing, the Mayor called for written and oral objections. Mr. Jones questioned the ability to expand in the area. Noel Anderson, Community Planning and Development Director, noted that there is good potential for light industrial growth. Greenwood/Welper that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. 141373 - Greenwood/Welper that "Resolution to institute proceedings to take additional action and approve said reallocation, be adopted." Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-677. 141374 - Cole/Getty that proof of publication of notice of public hearing on the issuance of General Obligation Bonds not to exceed $750,000 for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay costs of remediation, replacement and improvement of property, buildings, equipment, and public facilities that have been damaged by a disaster as defined in Section 29C.2 and that are located in an area that the President of the United States has declared a major disaster (FEMA -DR -1763), including the relocated Public Works Building/Central Garage Facilities Centralization Project, as published in the Waterloo Courier on August 1, 2013, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 141375 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. August 12, 2013 Page 4 Cole/Getty that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 141376 - Cole/Getty that "Resolution to institute proceedings to take additional action of issuance of said bonds, be adopted." Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-678. RESOLUTIONS 141377 - Hart/Welper that "Resolution approving an agreement with Berens -Tate Consulting Group in an amount not to exceed $3,500 to complete required arbitrage testing for the general obligation bonds issued in 2008; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-679. 141378 - Hart/Welper that "Resolution approving Grant Application for Traffic Safety Improvements in the amount of $50,000 for the intersection of Downing Avenue and Ansborough Avenue", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-680. 141379 - Hart/Welper that "Resolution approving Grant Application for Traffic Safety Improvements in the amount of $49,000 for the intersection of Fletcher Avenue and University Avenue", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-681. 141380 - Hart/Welper that "Resolution approving Grant Application for Traffic Safety Improvements in the amount of $39,000 for the intersection of W. llth Street and Ridgeway Avenue", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-682. 141381 - Hart/Welper that "Resolution approving Traffic Safety Funds Application in the amount of $15,000.00 for a Radio Broadcast Traffic Safety Awareness Campaign", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-683. 141382 - Welper/Greenwood that "Resolution approving recommendation of award of bid to Rally Appraisal Services of Cedar Rapids in the amount of $2,000 for the appraisal of vacant ground near the intersection of Midport Boulevard and West Airline Highway, west of Wagner Road", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-684. 141383 - Welper/Greenwood that "Resolution approving Agreement between City of Waterloo and Waterloo Water Works to share cost of the West Shaulis Road Water Main Extension Agreement; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-685. 141384 - Getty/Cole August 12, 2013 Page 5 that "Resolution approving a public referendum for a Cultural & Scientific Facilities Levy to be held on November 5, 2013 to authorize the imposition of a property tax of twenty-seven cents ($.27) per $1,000 of assessed value for the purpose of supporting the annual operating budget of Grout Museum, Inc. (doing business as Grout Museum District: Grout Museum of History & Science, Rensselaer Russell House Museum, Bluedorn Science Imaginarium, Snowden House and the Sullivan Brothers Iowa Veterans Museum) to be effective on July 1, 2014", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-686. 141385 - Cole/Hart that "Resolution approving Supplemental Agreement No. 1 with AECOM Technical Services, Inc. in the amount of $35,500 for Fourth Street Bridge and Wall Repairs; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-687. 141386 - Cole/Hart that "Resolution approving recommendation of award of contract to K. Cunningham Construction Co., Inc. in the amount of $281,273.51 for the F.Y. 2013 Byrnes Park Drainage Improvements - Phase III, Contract No. 850", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-688. 141387 - Cole/Hart that "Resolution approving Contract, Bonds and Certificates of Insurance for the F.Y. 2013 Byrnes Park Drainage Improvements - Phase III, Contract No. 850; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-689. OTHER COUNCIL BUSINESS 141388 - Welper/Hart that "Resolution setting date of hearing as August 26, 2013 to approve a request by the City of Waterloo to vacate streets in the Sherwood Park area including portions of N. Hackett Road, Greenwood Avenue, Woodside Drive, Castlewood Lane, Sandalwood Street, Greenview Drive, Dellwood Court, Blackwood Avenue, and Forester Avenue, subject to the retention of utility easements and access easements over portions of the streets to be vacated; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-670A. 141389 - Hart/Welper to instruct Leisure Services to prepare specifications, bid documents, etc. in conjunction with Purchase of 2013 John Deere Skid Loaders, be approved. Voice vote -Ayes: Six. Motion carried. 141390 - Hart/Welper that specifications, bid documents, etc. in conjunction with Purchase of 2013 John Deere Skid Loaders, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 141391 - Hart/Welper that "Resolution preliminarily approving specifications, bid documents, etc. in conjunction with Purchase of 2013 John Deere Skid Loaders ", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-671A. 141392 - Hart/Welper that "Resolution setting date of hearing and bid opening as August 26, 2013 in conjunction with Purchase of 2013 John Deere Skid Loaders", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-672A. August 12, 2013 141393 - Hart/Welper Page 6 to instruct Leisure Services to prepare specifications, bid documents, etc. in conjunction with Purchase of Young Arena Zamboni Ice Resurfacer, be approved. Voice vote -Ayes: Six. Motion carried. 141394 - Hart/Welper that specifications, bid documents, etc. in conjunction with Purchase of Young Arena Zamboni Ice Resurfacer, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 141395 - Hart/Welper that "Resolution preliminarily approving specifications, bid documents, etc. in conjunction with Purchase of Young Arena Zamboni Ice Resurfacer", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-673. 141396 - Hart/Welper that "Resolution setting date of hearing and bid opening as August 26, 2013 in conjunction with Young Arena Zamboni Ice Resurfacer Purchase", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-674A. 141397 - Greenwood/Hart to approve Change Orders No. 1, 2, and 3 with Peterson Contractors Inc. of Reinbeck, Iowa in conjunction with 2011 Riverview Recreation Area Passive Unit Enhancement Phase II, Contract No. 815 for a decrease of $5,125.95 due to modified quantities of silt fence, excavation, topsoil, and seeding; a decrease of $50,653.14 due to modified quantities of stone and mortar; and an increase of $65,429.66 due to contractor furnished rip -rap, borrow, topsoil, and seeding; for a net increase of $9,650.57, be approved. Voice vote -Ayes: Six. Motion carried. 141398 - Hart/Welper to approve request of Firefighter Dustin Mason for a variance to the City of Waterloo Residency Policy to be allowed to live in Shellsburg, Iowa. Roll Call vote -Ayes: None. Nays: Six. Motion denied. David Jones expressed concern with making an exception to the policy and suggested looking at the policy as a whole. He questioned the intent of the policy. Mayor Clark explained that the intent was to have emergency personnel live close in case of an emergency. Jim Walsh, City Attorney, noted that the ability to dictate distance is set by State Code and it is only for critical personnel. David Jones requested a work session. ORAL PRESENTATIONS None ADJOURNMENT 141399 - Hart/Cole that the Council adjourn at 6:04 p.m. Voice vote -Ayes: Six. Motion carried. \rte. <Ed Suzy Sch es City Cle k