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HomeMy WebLinkAboutMinutes-12/16/2013December 16, 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 16, 2013. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Kent Shankle, Director of Cultural & Arts Commission. 142054 - Hart/Schmitt that the Agenda, as amended to include 1.b.12 new liquor license for Snowden House Special Class C (BW) license, changing the wording on #9 to include awarding of contract, deleting the words on #31 "per month" for the Airport Management Agreement and changing the spelling on #35 to read Splitter for the Regular Session on Monday, December 16, 2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 142055 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, December 9, 2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 142056 - 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 16, 2013, in the amount of $2,875,419.35, 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. 2013-1036. 2. Request of Cynthia S. Beyer for tax exemptions on improvements totaling $292,901.00 for property located at 4844 Yellowstone Drive and located in the City Limits Urban Revitalization Area (CLURA). Submitted by Noel Anderson, Community Planning & Development Director Resolution adopted and upon approval by Mayor assigned No. 2013-1037. b. Motion to approve the following: 1. 2. 3. Travel Requests Name & Title of Expiration Date New or Re - Appointment Cheryl (Chaveevah) Banks Ferguson Amount Personnel Class/Meeting Destination Date(s) not to exceed Sgt. Melissa Ludwig Traumas of Law St. Paul, MN 2/23/14- 633.00 Enforcement 2/26/14 Michael Wilson, Interview Aberdeen, SD 12/9/13- 860.00 Director of Aviation 12/10/13 Candidate Michael Clow, Interview Morgantown, WV 12/16/13- 795.00 Director of Aviation 12/17/13 Candidate 4. Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Cheryl (Chaveevah) Banks Ferguson Cultural and Arts Commission 12/31/2016 New Robert Bembridge Cultural and Arts Commission 12/31/2016 New Tom Wickersham Cultural and Arts Commission 12/31/2016 New 5. Recommendation of appointment of Craig Denner to the position of Facilities Specialist from the current Civil Service list effective December 17, 2013. December 16, 2013 Page 2 6. Recommendation of appointment of Jacob Frederick to the position of Fitness Specialist from the current Civil Service list effective December 17, 2013. 7. Recommendation of appointment of Kathryn Moeller to the position of Aquatics/Member Services Specialist from the current Civil Service list effective December 17, 2013. 8. Recommendation of appointment of Brian Boesen to the position of Animal Control Services Officer from the current Civil Service list, start date to be determined, pending pre-employment physical exam. 9. 10. 11. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expires Date Includes Sunday Benevolent & Protective Order of Elks #290 407 E Park Ave. C Liquor, Outdoor Service, Catering Privilege Renewal 06/30/14 X Casey's General Store #2866 51 E Tower Park Drive C Beer & Class B Native Wine Renewal 12/27/14 X LJ's Neighborhood Grill & Bar 3550 Kimball Ave. C Liquor, Outdoor Service Renewal 11/05/14 X Roll call vote -Ayes: Seven. Item 1.b.8 Ayes: Six. Nays: One (Schmitt). Motion carried. Mr. Schmitt abstained from the bills payment to Schmitt Telecom. Mayor Clark recognized the newly appointed board members and promoted employees. PUBLIC HEARINGS 142057 - Hart/Welper that proof of publication of notice of public hearing on the issuance of General Obligation Urban Renewal Bonds not to exceed $3,500,000 for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal projects under the authority of Chapter 403 and the Downtown Urban Renewal and Redevelopment Plan, as amended, including funding a grant pursuant to the Amended and Restated Development Agreement between the City and Cedar Valley Tech Works, Inc. and FDP WTC, LLC. as published in the Waterloo Courier on December 6, 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. 142058 - Hart/Welper that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 142059 - Hart/Welper that "Resolution to institute proceedings to take additional action of issuance of said bonds, be adopted." Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2013-1038. 142060 - Greenwood/Schmitt that proof of publication of notice of public hearing on Request of Proactive Holdings IV, LLC n/k/a Crossing Point, LLC for the vacation, sale and conveyance of 0.72 acres of East Ridgeway Avenue right-of-way, adjacent to 2002-2018 East Ridgeway Avenue at a cost of $1.00 as published in the Waterloo Courier on December 9, 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. 142061 - Greenwood/Schmitt that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. December 16, 2013 142062 - Greenwood/Schmitt Page 3 that "Resolution authorizing said sale and conveyance of 0.72 acres of East Ridgeway Avenue right-of-way, adjacent to 2002-2018 East Ridgeway Avenue for $1.00, and authorize City Attorney to prepare and deliver deed accordingly", be adopted. Roll call vote -Ayes: Seven. Motion carried Resolution adopted and upon approval by Mayor assigned No. 2013-1039. RESOLUTIONS 142063 - Schmitt/Hart that "Resolution approving request by Proactive Holdings IV, LLC n/k/a Crossing Point, LLC for the Final 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", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2013-1040. 142064 - Schmitt/Hart that "Resolution approving renaming the north -south portion of public E. Ridgeway Avenue, between E. Ridgeway Avenue at the North end and E. San Marnan Drive at the South end, as Sovia Drive", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2013-1041. 142065 - Schmitt/Hart that "Resolution approving amendment to the 2008 Traffic Code, Resolution 2004- 746, Section 310 (Prohibited parking during snow removal); Priority I Streets by adding the following: San Marnan Access (Kimball Avenue to Penney's Drive); West Shaulis Road (Kimball Avenue to Sergeant Road); East Shaulis Road (Washington Street to Kimball Avenue)", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2013-1042. 142066 - Getty/Hart that "Resolution approving Easement Agreement between City of Waterloo and Hydrite Chemical Co. of Waterloo, Iowa for the specific use as a railroad spur and crossing for Parcel No. 8913-10-176-007; 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. 2013-1043. 142067 - Getty/Hart that "Resolution approving Professional Service Agreement with Wayne Claassen Engineering and Surveying, Inc. of Waterloo, Iowa, for construction related services for the F.Y. 2014 Orange School Sanitary Sewer Extension, Contract No. 816 in the amount of $40,000.00; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2013-1044. 142068 - Getty/Hart that "Resolution awarding and approving Contract, Bonds and Certificate of Insurance with Ricklefs Excavating, LTD of Anamosa, Iowa, for construction related services for the F.Y. 2014 Orange School Sanitary Sewer Extension, Contract No. 816 in the amount of $273,405.00; 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. 2013-1045. 142069 - Cole/Getty that "Motion approving Change Order No. 1 for a net decrease of $12,113.66 for work performed by B & B Builders & Supply Corporation of Waterloo, Iowa for the F.Y. 2014 Sidewalk Repair Assessment Program - Zone 3, Contract No. 852; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. December 16, 2013 142070 - Cole/Getty Page 4 that `Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by B & B Builders & Supply of Waterloo, Iowa at a total cost of $114,974.89 in conjunction with F.Y. 2014 Sidewalk Repair Assessment Program - Zone 3, Contract No. 852", be adopted. Roll call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2013-1046. 142071 - Cole/Getty that "Resolution approving documents, and adopt and levy the final schedule of assessments in conjunction with F.Y. 2014 Sidewalk Repair Assessment Program - Zone 3, Contract No. 852", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2013-1047. 142072 - Welper/Greenwood that "Resolution approving recommendation of award of bid to Stivers Ford of Waukee, Iowa, in the amount of $156,486.00, for the Purchase of Six (6) 2013 Police Interceptor Vehicles", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Getty suggested accepting the local bid. Ms. Cole noted that the local bidder has access to the State bid and could have bid that amount. Going with the local bid destroys the integrity of the bidding process. Mr. Welper confirmed that the local bidder could have bid the State bid amount. Resolution adopted and upon approval by Mayor assigned No. 2013-1048. 142073 - Greenwood/Schmitt that "Resolution approving recommendation of award of contract to Benton's Sand & Gravel of Cedar Falls, Iowa, in the amount of $57,650.00, for the demolition services of 217-219 Jefferson and 300 W. 3rd Streets; 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. 2013-1049. 142074 - Greenwood/Schmitt that "Resolution approving Site Access Agreement with MSA LP d/b/a Verizon Wireless for access to the Byrnes Park site for a new cell tower for environmental, geotechnical and radio testing; 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. 2013-1050. 142075 - Greenwood/Schmitt that "Resolution setting date of hearing as January 13, 2014 to approve request of Kess & Associates on behalf of Black Hawk Contracting and Development of Waterloo, Iowa for a site plan amendment to the "R -1,R -P" Planned One and Two Family Residence District, to allow for the construction of 14 new single-family homes located at the former Lafayette School site; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Welper thanked staff, Council, and John Rooff for cooperating with looking into the ability to attract commercial development for this lot. He noted that this needed more time to attract a developer. Mr. Hart noted that potential commercial developers have been taken to the area but there has not been an interest. This area has not seen new development for a long time and new housing is a good opportunity. He thanked Mr. Rooff and associates for their interest in the area. He questioned the timeframe for the residential development. Noel Anderson, Community Planning and Development Director, reported that it has to be completed by September, 2015. December 16, 2013 Page 5 Mr. Greenwood stated that there is a public hearing if residents want to voice their opinion on the type of development wanted or needed. Resolution adopted and upon approval by Mayor assigned No. 2013-1051. 142076 - Schmitt/Hart that "Resolution setting date of hearing as January 13, 2014 to approve Development Agreement with Black Hawk Contracting and Development to authorize the sale and conveyance of a portion of City owned property for $1.00 along Lafayette Street near its intersection with East 3rd Street, for the construction of 6 townhouse dwellings; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt questioned if this lot has the facilities for development. Noel noted that the lot used to have meters on it but it was seldom used. Staff has met with Church representatives regarding their interest in purchasing the property and they have not moved forward. The sewer stubs will have to be added. Resolution adopted and upon approval by Mayor assigned No. 2013-1052. 142077 - Schmitt/Hart that "Resolution setting date of hearing as January 6, 2014 for the sale of a new construction dwelling on City owned property located at 927 Lafayette Street to Teanna Smart with a purchase price of $122,000.00; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2013-1053. 142078 - Schmitt/Hart that "Resolution setting date of hearing as January 13, 2014 amending Ordinance for the City Limits Urban Revitalization Area (CLURA) to extend for an additional three (3) years; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2013-1054. 142079 - Welper/Hart that "Resolution approving Professional Service Agreement with JDE Engineering of Waterloo, Iowa for the Design of Gravity Sanitary Sewer Main Extension for the expansion of the Northeast Industrial Park, not to exceed $33,950.00; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2013-1055. 142080 - Welper/Hart that "Resolution approving Professional Service Agreement with JDE Engineering of Waterloo, Iowa for the Preliminary and Final Platting of land for the expansion of the Northeast Industrial Park, not to exceed $31,950.00; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2013-1056. 142081 - Welper/Hart that "Resolution approving the submission of two applications for R.I.S.E. funding and approve Memorandum of Understanding with Iowa Northland Regional Council of Governments (INRCOG) in an amount not to exceed $2,000.00 for the writing, preparation, and submittal for Local Development of the Northeast Industrial Park Roadway and Geraldine Road Extension; 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. 2013-1057. 142082 - Cole/Getty that "Resolution approving a Third Amendment to the original Development Agreement with Crystal Distribution Services, Inc. dated February 2006; to make changes for the new project going forward; 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. 2013-1058. December 16, 2013 142083 - Cole/Getty Page 6 that "Resolution approving the request from Fire Chief to increase billable ambulance Mutual Aid fees from current level of $150.00 per call for service to $300.00 per call, effective February 1, 2014", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt questioned the effect on the Fire Dept. budget. Pat Treloar, Chief of Fire Services, noted there are 50 average calls per year at an additional $150 per call. Resolution adopted and upon approval by Mayor assigned No. 2013-1059. 142084 - Cole/Getty that "Motion approving City of Waterloo Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2013", be adopted. Roll call vote -Ayes: Seven. Motion carried. 142085 - Hart/Greenwood that "Resolution approving Closing Agreement for 2009A BAGS Bonds; 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. 2013-1060. 142086 - Hart/Greenwood that "Resolution approving Supplemental Agreement No. 3 with Ament, Inc. of Waterloo, Iowa, in the amount of $19,000.00, in conjunction with additional plan development services for the F.Y. 2014 Kimball Avenue Transportation Improvements, Contract No. 843", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2013-1061. 142087 - Hart/Greenwood that "Resolution approving Agreement with Fareway Stores of Waterloo, Iowa, for compensation in the amount of $10,000.00, in conjunction with additional consultant work for the F.Y. 2014 Kimball Avenue Transportation Improvements, Contract No. 843; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2013-1062. 142088 - Cole/Welper that "Motion approving Change Order No. 5 for a net increase of $186,752.70 for work performed by ASPRO, Inc. of Waterloo, Iowa for the F.Y. 2013 Asphalt Overlay Program, Contract No. 833", be adopted. Roll call vote -Ayes: Seven. Motion carried. 142089 - Cole/Welper that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by ASPRO, Inc. of Waterloo, Iowa at a total cost of $2,671,948.73 in conjunction with F.Y. 2013 Asphalt Overlay Program, Contract No. 833", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2013-1063. 142090 - Cole/Welper that "Resolution approving extension of the Airport Management Agreement with Trillion Aviation for management consulting in an amount not to exceed $79,800.00 plus expenses for 6 months, ending June 30, 2014; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2013-1064. December 16, 2013 142091 - Welper/Hart Page 7 that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by B & B Builders & Supply of Waterloo, Iowa at a total cost of $114,974.89 in conjunction with F.Y. 2014 Sidewalk Repair Assessment Program - Zone 3, Contract No. 852", be adopted. Roll call vote - Ayes: Seven. Motion carried. - VOIDED RESOLUTION AS THIS RESOLUTION WAS ON THE AGENDA TWO (2) TIMES. Resolution adopted and upon approval by Mayor assigned No. 2013-1065. - VOIDED 142092 - Welper/Hart that "Resolution approving Construction Permit Application with the Iowa Department of Natural Resources for wastewater disposal system construction in conjunction with CIP Lining for Service Area 15 & 16", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2013-1066. 142093 - Welper/Hart that "Resolution approving amendment to the Non -bargaining Fringe Benefits & Policies", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2013-1067. 142094 - Welper/Hart that "Resolution approving releasing the City's reversion rights on the property located at 936 Newton Street", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2013-1068. 142095 - Getty/Greenwood to instruct Golf & Downtown Area Maintenance Manager to prepare specifications, bid document, etc. in conjunction with Purchase of Timberwolf TW10 Log Splitter, be approved. Voice vote -Ayes: Seven. Motion carried. 142096 - Getty/Greenwood that specifications, bid document, etc. in conjunction with Purchase of Timberwolf TW10 Log Splitter, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142097 - Getty/Greenwood that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with Purchase of Timberwolf TW10 Log Splitter", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2013-1069. 142098 - Getty/Greenwood that "Resolution setting date of hearing and bid opening as January 13, 2014; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids in conjunction with Purchase of Timberwolf TW10 Log Splitter", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2013-1070. ORAL PRESENTATIONS Mayor Clark presented Mr. Greenwood with a plaque for his service to the City. He then presented Mr. Getty with a plaque for his service and naming the Council Chambers as the Harold E. Getty Council Chambers. ADJOURNMENT 142099 - Getty/Greenwood that the Council adjourn at 6:23 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy Scares, CMC City Cl-rk/Human Resource Director