HomeMy WebLinkAboutMinutes-12/09/2013December 9, 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, December 9, 2013. Mayor Ernest G.
Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Sheryl McGovern, Library Director.
142010 - Hart/Schmitt
that the Agenda, as amended by removing item 1.b.3, for the Regular Session on
Monday, December 9, 2013, at 5:30 p.m., be accepted and approved. Voice vote -
Ayes: Seven. Motion carried.
142011- Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, December 2,
2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
Mayor Clark recognized the December 2013 Team Member of the Month - Rebecca
Johnson.
CONSENT AGENDA
142012 - 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, dated
December 9, 2013, in the amount of $1,466,123.81, 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. 2013-1015.
2. Request of Huntley Witmer Development, LLC for tax exemptions for the
rehabilitation of an 84 unit apartment building with estimated costs of
$11,687,059.00 at 500 Sycamore Street located in the Consolidated Urban
Revitalization Area (CURA).
Resolution adopted and upon approval by Mayor assigned No. 2013-1016.
b. Motion to approve the following:
1.
Travel Requests
Name & Title of
Class
New or
Renewal
Expiration
Date
Amount
Personnel
Class/Meeting
Destination
Date(s)
not to
exceed
Mohammad Elahi,
Brown Traffic
Davenport,
12/09/13-
$290.00
Traffic Engineer
2013 User's Group
IA
12/11/13
2. Recommendation of appointment of Terry Pearson Stevens to the position of
Historic Preservation Commission effective December 9, 2013, with a term
expiration date of 12/9/16.
3.
Approved Beer, Liquor, and Wine Applications
Name & Address
of Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Grout Museum
Special Class C
(BW)
Transfer
(306
Washington)
12/14/13
X
Roll call vote -Ayes: Seven. Motion carried.
Mayor Clark recognized our newly appointed board and commission members.
December 9, 2013 Page 2
PUBLIC HEARINGS
142013 - Schmitt/Welper
that proof of publication of notice of public hearing on Purchase of Six (6)
2014 Police Patrol Vehicles, as published in the Waterloo Courier on November
25, 2013, be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Mr. Jones questioned if there was a preference given to local bidders.
Mark Rice, Public Works Director, explained that staff gives preference based on
the City policy. All bids will be reviewed.
142014 - Schmitt/Welper
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
142015 - Schmitt/Welper
that "Resolution confirming approval of specifications, bid document, form of
contract, etc. in conjunction with Purchase of Six (6) 2014 Police Patrol
Vehicles", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2013-1017.
142016 - Schmitt/Welper
that "Resolution authorizing to proceed with the Purchase of Six (6) 2014 Police
Patrol Vehicles", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2013-1018.
142017 - Schmitt/Welper
that motion to receive and file and instruct City Clerk to open and read bids
and refer to Public Works Director for review, be received, placed on file and
approved.
Bidder
Bid Security
Bid Amount
Bill Colwell
238 Waterloo Road
P.O. Box 270
Hudson, IA 50643
n/a
$157,377.00
Stivers Ford
1450 E. Hickman Rd.
Waukee, IA 50263
n/a
$156,486.00
Voice vote -Ayes: Seven. Motion carried.
142018 - Greenwood/Schmitt
that proof of publication of notice of public hearing on bid opening for the
sale and conveyance of city -owned property generally located at 506 Reed Street
with a minimum bid of $5,000.00 and a Development Agreement, as published in the
Waterloo Courier on November 18, 2013, be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
142019 - Greenwood/Schmitt
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
142020 - Greenwood/Schmitt
that motion to receive and file and instruct City Clerk to open and read bids
and refer to Community Planning and Development Director for review, be
received, placed on file and approved.
Voice vote -Ayes: Seven. Motion carried.
Bidder
Bid Security
Bid Amount
Kim
&
Otto Maclin
$1,000.00
$10,100.00
Voice vote -Ayes: Seven. Motion carried.
December 9, 2013 Page 3
142021 - Welper/Hart
that proof of publication of notice of public hearing on Request for Proposal
for Demolition and Site Clearance Services (no regulated asbestos -containing
materials) for property located at 217-219 Jefferson and 300 W. 3rd Streets, as
published in the Waterloo Courier on November 29, 2013, be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
142022 - Welper/Hart
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
142023 - Welper/Hart
that "Resolution confirming approval of specifications, bid document, form of
contract, etc. in conjunction with the Demolition and Site Clearance Services
(no regulated asbestos -containing materials) for property located at 217-219
Jefferson and 300 W. 3rd Streets", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-1019.
142024 - Welper/Hart
that "Resolution ordering construction in conjunction with Demolition and Site
Clearance Services (no regulated asbestos -containing materials) for property
located at 217-219 Jefferson and 300 W. 3rd Streets", be adopted. Roll call
vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2013-1020.
142025 - Welper/Hart
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: Seven. Motion carried.
Bidder
Bid Security
Bid Amount
Benton's Sand & Gravel, Inc.
905 Center St.
Cedar Falls, IA 50613
5%
$57,650.00
Kelly Demolition &
Excavating, LLC
P.O. Box 209
1100 W Mount Vernon Rd.
Mount Vernon, IA 52314
5%
$103,840.00
Lehman Trucking & Excavating,
Inc.
1422 Ashland Ave.
Waterloo, IA 50703
50
$60,840.00
Peterson Contractors, Inc.
Box A
Reinbeck, IA 50669
5%
$59,800.00
142026 - Cole/Hart
that proof of publication of notice of public hearing on the Development
Agreement with Robert Castro for the sale and conveyance of city -owned property
for $12,250, for the redevelopment of 1640 Cherry Hills Drive, as published in
the Waterloo Courier on November 29, 2013, be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
142027 - Cole/Hart
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
December 9, 2013 Page 4
142027a- Cole/Hart
that "Resolution authorizing said sale and conveyance, and authorize City
Attorney to prepare and deliver deed accordingly in conjunction with the
Development Agreement with Robert Castro for the sale and conveyance of city -
owned property for $12,250, for the redevelopment of 1640 Cherry Hills Drive",
be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2013-1021a.
142028 - Cole/Hart
that "Resolution confirming approval of said Development Agreement; and
authorize Mayor and City Clerk to execute said document in conjunction with the
Development Agreement with Robert Castro for the sale and conveyance of city -
owned property for $12,250, for the redevelopment of 1640 Cherry Hills Drive",
be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2013-1021.
ORDINANCES
142029 - Hart/Welper
that "an Ordinance amending paragraph A of Section 2 of Article B, International
Property Maintenance Code, of Chapter 1, Building Code, of Title 9, Building
Regulations", be received, placed on file, considered and passed for the first
time. Roll call vote -Ayes: Seven. Motion carried.
Comments on file in the City Clerk's Office.
142030 - Hart/Welper
that "an Ordinance amending the Code of Ordinances of the City of Waterloo, by
repealing Chapter 7, Housing, of Title 9, Building Regulations, of the Code of
Ordinances of the City of Waterloo; and enacting in lieu thereof a New Chapter
7, Rental Housing, of Title 9, Building Regulations, of the Code of Ordinances
of the City of Waterloo", be received, placed on file, considered and passed for
the first time. Roll call vote -Ayes: Seven. Motion carried.
142031 - Cole/Welper
To table both ordinances for a future Council meeting no later than the third
meeting in January. Roll call vote -Ayes: Seven. Motion carried.
142032 - Hart/Welper
that "an Ordinance Establishing Grades in the City of Waterloo in conjunction
with the F.Y. 2014 Sidewalk Repair Assessment Program - Zone 3, Contract No.
852", be received, placed on file, considered and passed for the first time.
Roll call vote -Ayes: Seven. Motion Carried.
142033 - Hart/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.
142034 - Hart/Welper
that "an Ordinance Establishing Grades in the City of Waterloo in conjunction
with the F.Y. 2014 Sidewalk Repair Assessment Program - Zone 3, Contract No.
852", 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. 5193.
RESOLUTIONS
142035 - Cole/Hart
that "Resolution approving ACCO Bulk Handling System Usage Agreement #11713 with
ACCO Unlimited Corporation of Johnston, Iowa for SportsPlex swimming pool
chemicals and equipment; and authorize Mayor to execute said agreement", be
adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2013-1022.
December 9, 2013 Page 5
142036 - Cole/Hart
that "Resolution approving Completion of Project, Recommendation of Acceptance
of Work and Release of Retainage in the amount of $60,824.71 for work performed
by Peterson Contractors, Inc. of Reinbeck, Iowa at a total cost of
$1,216,494.29, in conjunction w_th the Anaerobic Lagoon Pumping Station,
Contract No. 807", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2013-1023.
142037 - Cole/Hart
that "Resolution approving Storm Water Pollution Prevention Plan for South Hills
Golf Course Drainage Improvement Project; and authorize Mayor to execute owner's
certification", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2013-1024.
142038 - Schmitt/Welper
that "Resolution approving amendment to Development Agreement and Amendment to
Minimum Assessment Agreement with Cedar Valley Warehouse, LLC for the building
at 2843 Geraldine Road; and authorize Mayor and City Clerk to sign and fully
execute all necessary documents", be adopted. Roll call vote -Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2013-1025.
142039 - Schmitt/Welper
that "Resolution approving Collateral Assignment of Development Agreement for
2843 Geraldine Road allowing the tax rebates for the project to go from previous
owner to new owner; and authorize Mayor and City Clerk to sign and fully execute
all necessary documents", be adopted. Roll call vote -Ayes: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2013-1026.
142040 - Schmitt/Welper
that "Resolution authorizing the Assignment of Rebates document to Kinzler
Equities, LLC from the prior Development Agreement with Cedar Valley Warehouse,
LLC; and authorize Mayor and City Clerk to execute said document", be adopted.
Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2013-1027.
142041 - Greenwood/Schmitt
that "Resolution approving the Third Amendment to the original Development
Agreement with Cardinal Construction, Inc., from August, 2008, allowing
separation of the two projects originally required; and authorize Mayor and City
Clerk to sign and fully execute all necessary documents", be adopted. Roll call
vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2013-1028.
142042 - Greenwood/Schmitt
that "Resolution approving the agreement with HR Green, Inc. of Cedar Rapids,
Iowa, in the amount of $6,500, for the preparation of two applications to the
United States Environmental Protection Agency (EPA) including a community -wide
brownfields hazardous substances assessment grant totaling $200,000 and a
petroleum products brownfields program grant totaling $200,000; and authorize
Mayor and City Clerk to sign and fully execute all necessary documents", be
adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2013-1029.
142043 - Greenwood/Schmitt
that "Resolution approving recommendation of award of contract to J & K
Contracting, LLC of Ames, Iowa, in the amount of $869,679.00, for the No Name
Creek Interceptor Sewer, Contract No. 849; and authorize Mayor and City Clerk to
execute said document", be adopted. Roll call vote -Ayes: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2013-1030.
December 9, 2013 Page 6
142044 - Getty/Welper
that "Resolution approving a 2.9% salary increase for non -bargaining employees
effective July 1, 2014 plus a 1.9% salary increase that was withheld from
FY2012; and authorize Mayor and City Clerk to execute said document", be
adopted. Roll call vote -Ayes: Five. Nays: Two (Schmitt, Hart). Motion carried.
Comments on file in the City Clerk's Office.
Resolution adopted and upon approval by Mayor assigned No. 2013-1031.
142045 - Cole/Hart
that "Resolution approving request by Proactive Holdings IV, LLC for the
Preliminary Plat of Crossroads Retail Center Addition generally located near the
intersection of East Ridgeway Avenue and East San Marnan Drive for an 8 -lot
commercial subdivision; and authorize Mayor and City Clerk to execute said
document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2013-1032.
142046 - Cole/Hart
that "Resolution approving request from Public Works Director to utilize
Municipal discount pricing through John Deere/State of Iowa bid process for the
purchase of One (1) 2013 John Deere 770G Motor Grader in the amount of
$193,257.00; and authorize Mayor and City Clerk to execute said document", be
adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2013-1033.
142047 - Cole/Hart
that "Resolution approving Professional Service Agreement with AECOM for the
design of the F.Y. 2014 Flood Control Gatewell Repairs in the amount of
$81,000.00, for the repair of 25 gatewells along Black Hawk Creek and the Cedar
River, Contract No. 867; and authorize Mayor and City Clerk to execute said
document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2013-1034.
142048 - Cole/Hart
that "Resolution approving the Assignment of Lease with Operation Threshold as
part of the acquisition of 300 West 3rd Street for the continued development of
the Sportsplex area; and authorize Mayor and City Clerk to execute any necessary
documents", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2013-1035.
OTHER COUNCIL BUSINESS
142.049 - Hart/Welper
that motion approving request from Steve Wareham, Interim Airport Director to
advertise for an Airport Consultant, be received, placed on file and approved.
Voice vote -Ayes: Seven. Motion carried.
142050 - Hart/Welper
that motion to concur with the determination of the City Planner that the
proposed change to the approved site plan for Crossroads Estates Replat No. 1 in
an "R -3,R -P" Planned Residence District is insignificant in nature and approved
as a Minor Site Plan Amendment, be received, placed on file and approved. Voice
vote -Ayes: Seven. Motion carried.
142051 - Hart/Welper
that motion approving Change Order #1 for FY12 CIP Sewer Lining, Contract No.
834 in the amount of $297.60 less from the original contract cost of $177,098.60
to a final cost of $176,801.00, be received, placed on file and approved. Voice
vote -Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
Cheryl Christianson, E. Mitchell, distributed a document regarding the landlord
and spoke in opposition to it.
John Sherbon, 1715 Robin Rd., expressed concern with the debt in the City.
December 9, 2013 Page 7
Randy Herod, 111 Highland, questioned where the dog ordinance is.
142052 - Hart/Welper
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
142053 - Hart/Welper
that the Council adjourn at 6:59 p.m. Voice vote -Ayes: Seven. Motion carried.
Suzy Schlres
City Clerk