HomeMy WebLinkAboutMinutes-08/26/2013August 26, 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 26, 2013. Mayor Ernest G.
Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Harold Getty, Ward 3 Council Member.
141431 - Hart/Schmitt
that the Agenda, as amended deleting item #14 setting a date of hearing for
sidewalk repair as it was passed on August 19, 2013, for the Regular Session on
Monday, August 26, 2013, at 5:30 p.m., be accepted and approved. Voice vote -
Ayes: Seven. Motion carried.
141432 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, August 19,
2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
Mayor Clark read a Proclamation declaring August 26, 2013 as "Jim Miller Day".
Presentation of Certificate of Achievement to 10 U Junior Wahawks 2013 Class A
State Baseball Champions.
CONSENT AGENDA
141433 - Hart/Schmitt
that the following items on the consent agenda be received, placed on file and
approved:
a. Resolutions to approve the following:
1.
1. Resolution approving Finance Committee Invoice Summary Report, dated
August 26, 2013, in the amount of $4,019,118.48, 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. 2013-698.
2. Request of Main Street Waterloo & Waterloo Schools for a variance to the
Noise Ordinance on September 19, 2013 from 9:30 a.m. to 12:00 p.m. in
conjunction with Mayor's Fun Run event to be held at Expo Grounds
including a band 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. 2013-699.
3. Request of Splash of Color Breast Cancer Support Group to hold Splash of
Color 3K Fundraiser Walk event to be held on October 12, 2013 at 6:30
a.m., with the route to start and end at Sullivan Park.
Resolution adopted and upon approval by Mayor assigned No. 2013-700.
4. Request of Splash of Color Breast Cancer Support Group for a variance to
the Noise Ordinance on October 12, 2013 from 6:30 a.m. to 12:00 p.m. in
conjunction with Splash of Color 3K Fundraiser Walk event to be held at
Sullivan Park including a DJ and the use of a bullhorn, together with
recommendation of approval of Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2013-701.
b. Motion to approve the following:
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Kent Shankle,
Director
Eric Guttelewitz
Exhibit
New York City,
New York;
Plainfield,
Massachusetts;
Barrington,
Rhode Island
September
22-30,
2013
$2,715.00
August 26, 2013
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Page 2
Lt. Frana, Sgt.
Richter, and WFR
Tactical Paramedic
Hernandez
National Tactical
Officers
Association
Conference
Kansas City,
Missouri
September
22-27,
2013
$3,424.00
Deb Rosol, Property
Evidence Technician
Property Room
Management
Minneapolis,
Minnesota
September
30 -
October
2, 2013
$863.00
Sgt. Hoelscher
Force on Force
Instructor Course
Faribault,
Minnesota
September
16-18,
2013
$1,303.00
Suzy Schares, City
Clerk and Joyce
Schroeder,
Financial Analyst
New World Systems
Customer
Conference
Scottsdale,
Arizona
October
6-9, 2013
$3,890.00
Approved Beer, Liquor, and Wine Applications
Name & Address of Business
Class
New or
Expiration
Date
Includes
SundayRenewal
Sales
Applebee's Neighborhood
Grill & Bar
2780 Crossroads Blvd.
C Liquor
Renewal
6/23/14
X
Fiesta Jalisco
350 Fletcher Avenue
C Liquor
Renewal
4/5/14
X
New Star 3
1459 Ansborough Avenue
E Liquor, C Beer
Renewal
4/16/14
X
Smoker's Choice
210 W. 18th Street
C Beer
Renewal
6/7/14
Southtown Lounge
2026 Bopp Street
C Liquor, Outdoor
Sales, Catering
Privilege
Renewal
6/7/14
X
Vic's Lounge
1106 La Porte Road
C Liquor, Outdoor
Sales
Renewal
7/16/14
Spicoli's
3555 University Avenue
C Liquor, Outdoor
Service
Extension
of Outdoor
Service
9/1/13 to
9/2/13
Roll call vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
141434 - Hart/Welper
that proof of publication of notice of public hearing on Gates Park Playground
Project, as published in the Waterloo Courier on August 14, 2013, be received
and placed on file. Voice vote -Ayes: Seven. Motion carried.
141435 - 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.
141436 - Hart/Welper
that "Resolution confirming approval of specifications, bid document, form of
contract, etc. in conjunction with Gates Park Playground Project", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-702.
141437 - Hart/Welper
that "Resolution ordering construction in conjunction with Gates Park Playground
Project", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-703.
141438 - Hart/Welper
to receive and file and instruct City Clerk to open and read bids and refer to
Facilities/Project Manager for review, be received, placed on file and approved.
Voice vote -Ayes: Seven. Motion carried.
August 26, 2013 Page 3
Bidder
Bid Security
Bid Amount
Boland Recreation
Marshalltown, Iowa
5%
Option 1 $54,925.00
Option 2 $54,850.00
Cunningham Associates
Charlotte, North
Carolina
5%
Option 1 $54,997.84
Option 2 $54,998.69
Fry & Associates
North Kansas City,
Missouri
5%
$54,875.00
Play and Park
Structures
Ankeny, Iowa
5%
$47,395.57
All Inclusive Rec
Option 1 $54,948.00
Option 2 $53,948.00
Option 3 $54,696.00
Option 4 $55,000.00
Outdoor Recreation
Products
5%
$54,700.00
141439 - Schmitt/Hart
that proof of publication of notice of public hearing on Sullivan Park
Basketball Court Upgrade, as published in the Waterloo Courier on August 14,
2013, be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
141440 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Lawrence Wheeler suggested adding a clause that does not allow change orders.
Schmitt/Hart
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
141441 - Schmitt/Hart
that "Resolution confirming approval of specifications, bid document, form of
contract, etc. in conjunction with Sullivan Park Basketball Court Upgrade", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-704.
141442 - Schmitt/Hart
that "Resolution ordering construction in conjunction with Sullivan Park
Basketball Court Upgrade", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-705.
141443 - Schmitt/Hart
to receive and file and instruct City Clerk to open and read bids and refer to
Facilities/Project Manager for review, be received, placed on file and approved.
Voice vote -Ayes: Seven. Motion carried.
Bidder
Bid Security
Bid Amount
ASPRO
5%
$36,373.00
Lucas Asphalt Paving
Evansdale, Iowa
5%
$41,500.00
141444 - Getty/Welper
that proof of publication of notice of public hearing on Request of the City of
Waterloo for the vacation of 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, as published in the
Waterloo Courier on August 16, 2013, be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
141445 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Mr. Schmitt questioned if this would prevent development in that area.
August 26, 2013 Page 4
Paul Huting, Leisure Services Director, noted that there will be deed
restrictions. It will be used for a boat ramp location.
Vern Fish, Black Hawk County Conservation, noted that this is to give the flood
plain back to the river and will be an open space. The FEMA deed restrictions
limit what can be done.
Aric Schroeder, City Planner, noted that most of the property in this area was
acquired using FEMA hazard mitigation flood buyout program therefore can only be
used as green space.
Floyd Junker questioned if there will be bike trails.
Aric Schroeder, City Planner, noted that there is a bike trail currently, a road
that can be used, and soft trails may be added.
Vern Fish, Black Hawk County Conservation, noted that the Cedar Valley
Partnership will maintain the trails.
Lawrence Wheeler asked if this area will be used for snowmobile trails.
Paul Huting, Leisure Service Director, noted that this area will be non -
motorized use only.
Getty/Welper
that the hearing be closed and receive and file oral and written comments and
recommendation of approval of Planning, Programming and Zoning Commission.
Voice vote -Ayes: Seven. Motion carried.
141446 - Getty/Hart
that "an Ordinance vacating 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", be received, placed on file, considered and passed for the
first time. Roll call vote -Ayes: Seven. Motion carried.
141447 - Getty/Hart
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
141448 - Getty/Hart
that "an Ordinance vacating 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", 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. 5170.
141449 - Greenwood/Schmitt
that proof of publication of notice of public hearing on Purchase of 2013 John
Deere Skid Loaders, as published in the Waterloo Courier on August 16, 2013, be
received and placed on file. Voice vote -Ayes: Seven. Motion carried.
141450 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Lawrence Wheeler asked that no change orders be allowed.
Greenwood/Schmitt
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
141451 - Greenwood/Schmitt
that "Resolution confirming approval of specifications, bid document, form of
contract, etc. in conjunction with the Purchase of 2013 John Deere Skid
Loaders", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-706.
August 26, 2013 Page 5
141452 - Greenwood/Schmitt
that "Resolution authorizing to proceed in conjunction with the Purchase of 2013
John Deere Skid Loaders", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-707.
141453 - Greenwood/Schmitt
to receive and file and instruct City Clerk to open and read bids and refer to
Leisure Services Director for review, be received, placed on file and approved.
Voice vote -Ayes: Seven. Motion carried.
Bidder
Bid Amount
Bid Amount
Murphy Tractor
&
$77,830.00
Paramount, CA 90723
Equipment Co.
Waterloo, Iowa
$5,500.00
Trade-in
141454 - Schmitt/Hart
that proof of publication of notice of public hearing on Purchase of Young Arena
Zamboni Ice Resurfacer, as published in the Waterloo Courier on August 16, 2013,
be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
141455 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Lawrence Wheeler requested change orders not be allowed.
Schmitt/Hart
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
141456 - Schmitt/Hart
that "Resolution confirming approval of specifications, bid document, form of
contract, etc. in conjunction with Purchase of Young Arena Zamboni Ice
Resurfacer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-708.
141457 - Schmitt/Hart
that "Resolution authorizing to proceed in conjunction with Purchase of Young
Arena Zamboni Ice Resurfacer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-709.
141458 - Schmitt/Hart
to receive and file and instruct City Clerk to open and read bids and refer to
Leisure Services Director for review, be received, placed on file and approved.
Voice vote -Ayes: Seven. Motion carried.
Bidder
Bid Amount
Frank J. Zamboni &
$131,266.05
Co., Inc.
Paramount, CA 90723
$7,500.00 Trade-in
RESOLUTIONS
141459 - Cole/Hart
that "Resolution approving Convention and Visitors Bureau Board recommendations
for hotel/motel mini -grants for the following requests: USS Robinson in the
amount of $1,867.67, Electric Minds in the amount of $2,070.00, Grout Museum
District, et. al. in the amount of $2,310.00", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-710.
141460 - Cole/Hart
that "Resolution approving Professional Services Agreement with Shive-Hattery
Consultants in the amount of $11,500.00 for Shive-Hattery to conduct the
required studies and analysis and preparing three (3) Iowa Clean Air Attainment
August 26, 2013 Page 6
Program grant applications; and authorize Mayor and City Clerk to execute said
document", be adopted. Roll call vote -Ayes: Seven.
Mr. Jones questioned if it would include all of downtown.
Sandie Greco reported that it would include the entire grid system.
Resolution adopted and upon approval by Mayor assigned No. 2013-711.
141461 - Cole/Hart
that "Resolution approving Temporary Encroachment Agreement with JSA
Development, LLC for the placement of a 105 square foot triangular bulletin
board within the West 4th Street Right-of-way in front of 223-229 West 4th
Street", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-712.
141462 - Welper/Hart
that "Change Order No. 3 for a decrease of $3,732.25 with K. Cunningham
Construction Company, Inc. of Cedar Falls, Iowa, due to adjustments from
original to final quantities that were determined necessary during the
construction in conjunction with F.Y. 2012 Byrnes Park Drainage Improvements -
Phases I & II, Contract No. 822", be received, placed on file and approved.
Voice vote -Ayes: Seven. Motion carried.
141463 - Welper/Hart
that "Resolution approving Certificate of Completion and Final Acceptance of
Work Agreement performed by K. Cunningham Construction Company of Cedar Falls,
Iowa at a total cost of $411,664.35 for the F.Y. 2012 Byrnes Park Drainage
Improvements - Phases I & II, Contract No. 822", be adopted. Roll call vote -
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-713.
ORDINANCES
141464 - Cole/Greenwood
that "an Ordinance rescinding "Parking Prohibited At All Times On Certain
Streets for the Northwest Side of West Second Street from Commercial Street to
Cedar Street", be received, placed on file, considered and passed for the first
time. Roll call vote -Ayes: Seven. Motion carried.
141465 - Cole/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.
141466 - Cole/Greenwood
that "an Ordinance rescinding "Parking Prohibited At All Times On Certain
Streets for the Northwest Side of West Second Street from Commercial Street to
Cedar 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. 5171.
OTHER COUNCIL BUSINESS
141467 - Greenwood/Hart
that "Resolution preliminarily approving construction of sidewalk improvements
in conjunction with F.Y. 2014 Sidewalk Repair Assessment Program - Zone 3,
Contract No. 852", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-714.
141468 - Greenwood/Hart
that "Resolution to fix value of lots in conjunction with F.Y. 2014 Sidewalk
Repair Assessment Program - Zone 3, Contract No. 852", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-714A.
August 26, 2013 Page 7
141469 - Greenwood/Hart
that "Resolution to adopt preliminary plat and schedule of assessments and
estimate of costs in conjunction with F.Y. 2014 Sidewalk Repair Assessment
Program - Zone 3, Contract No. 852", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-715.
141470 - Greenwood/Hart
that "Resolution of Necessity and setting date of hearing as September 9, 2013
in conjunction with F.Y. 2014 Sidewalk Repair Assessment Program - Zone 3,
Contract No. 852", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-716.
141471 - Hart/Welper
to instruct Young Arena Manager to prepare plans, specifications, form of
contract, etc. in conjunction with 2013 Young Arena Dehumidification Project, be
approved. Voice vote -Ayes: Seven. Motion carried.
141472 - Hart/Welper
that plans, specifications, form of contract, etc. in conjunction with 2013
Young Arena Dehumidification Project, be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
141473 - Hart/Welper
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with 2013 Young Arena Dehumidification Project",
be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-717.
141474 - Hart/Welper
that "Resolution setting date of hearing and bid opening as September 16, 2013;
and instruct City Clerk to publish notice of plans, specifications, form of
contract, etc. in conjunction with 2013 Young Arena Dehumidification Project",
be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-718.
141475 - Hart/Welper
to instruct Fire Services to prepare specifications, bid document, etc. in
conjunction with the Purchase of a 2014 Triple Combination Pumper (Fire Truck),
be approved. Voice vote -Ayes: Seven. Motion carried.
141476 - Hart/Welper
that specifications, bid document, etc. in conjunction with the Purchase of a
2014 Triple Combination Pumper (Fire Truck), be received and placed on file.
Voice vote -Ayes: Seven. Motion carried.
141477 - Hart/Welper
that "Resolution preliminarily approving specifications, bid document, etc. in
conjunction with the Purchase of a 2014 Triple Combination Pumper (Fire Truck)",
be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-719.
141478 - Hart/Welper
that "Resolution setting date of hearing and bid opening as October 14, 2013;
and instruct City Clerk to publish notice of specifications, bid document, etc.
in conjunction with the Purchase of a 2014 Triple Combination Pumper (Fire
Truck)", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-719A.
ORAL PRESENTATIONS
Lawrence Wheeler, 430 Bratnober, expressed concerns about change orders. He
expressed concern with the Police Department and Waste Management due to the
trash near Crossroads. He requested enforcement of individuals parking in the
fire lanes and handicap spots.
August 26, 2013 Page 8
141479 - Hart/Welper
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
141480 - Hart/Welper
that the Council adjourn at 6:25 p.m. Voice vote -Ayes: Seven. Motion carried.
�1
s
Suzy Schaies
City Clerk