HomeMy WebLinkAboutMinutes-01/28/2013January 28, 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, January 28, 2013. Mayor Ernest G.
Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood (Arrived After Roll Call)
Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: David Jones, Ward 1 Council Member.
140392 - Hart/Schmitt
that the Agenda, as amended, for the Regular Session on Monday, January 28,
2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
140393 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, January 14,
2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
Bob Manning,, President Cedar Trails Partnership, gave a presentation of Cedar
Trails Partnership and thanked Council for their assistance.
CONSENT AGENDA
140394 - 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. 1-37,
dated January 28, 2013, in the amount of $5,106,462.66, 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. 2013-39.
b. Motion to approve the following:
1.
2.
3.
4.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Mayor Buck Clark
Cedar Valley
Coalition
Washington,
DC
April 20-
24, 2013
$2,169.20
Gary Luck Jr, Sewer
Maintenance
Foreman; David
Ross, Sewer
Maintenance Worker;
Todd Gaede, Sewer
Maintenance Worker
2013 IAWEA
Maintenance
Conference
Ankeny,
Iowa
January
29-30,
2013
$600.00
Investigator Tyler
Follow up on
Homicide
Investigation
Huntsville,
Alabama
November
27 -
December
1, 2012
$973.88
Forrest Graves,
Sewer Maintenance
Worker
2013 MTCE
Conf for
Water
Professionals
Ankeny,
Iowa
January
29-30,
2013
$200.00
5. Recommendation of appointment of Dave Roeder to the position of Solid
Waste Operator, effective January 29, 2013 -Submitted by Larry Smith, Waste
Management Services Superintendent
January 28, 2013
6. Mayor Clark's recommendation of the following appointments:
Page .2
Appointee
Board/Commission
Expiration Date
New or Re -
Appointment
Susan Price
Historic Preservation
January 28, 2016
New
Appointment
Class C Beer License Permit Application
7. Save More Foods, 1975 Franklin Street (Renewal) (Expires 1/5/2014)
(Includes Sunday Sales)
8. Prime Mart, 1008 LaPorte Road (Renewal) (Expires 11/22/2013) (Includes
Sunday Sales)
9. Casey's General Store #2866, 51 E. Tower Park Drive (Renewal) (Expires
12/27/2013) (Includes Sunday Sales)
10.Casey's General Store #2427, 3035 Logan Avenue (Renewal) (Expires
12/31/2013) (Includes Sunday Sales)
11.Casey's General Store #2867, 2424 Ranchero Road (Renewal) (Expires
12/27/2013) (Includes Sunday Sales)
Class C Liquor License Permit Application
12.The Brown Bottle, 209 West 5th Street (Renewal) (Expires 10/21/2013)
(Includes Sunday Sales)
13.Cadillac Lanes, 650 LaPorte Road (Renewal) (Expires 7/22/2013) (Includes
Sunday Sales)
14.Trucker Bar, 1915 Bourland Avenue (Renewal) (Expires 12/12/2013) (Includes
Sunday Sales)
Class E Liquor License Permit Application
15.Save More Foods, 1975 Franklin Street (Renewal) (Expires 1/5/2014)
(Includes Sunday Sales)
Special Class C Beer/Wine License Permit Application
16.Grout Museum, 503 South Street (Renewal) (Expires 12/14/2013) (Includes
Sunday Sales)
17.Honey Garden Family Restaurant, 826 LaPorte Road (Renewal) (Expires
11/7/2013) (Includes Sunday Sales)
Class B Wine License Permit Application
18.Save More Foods, 1975 Franklin Street (Renewal) (Expires 1/5/2014)
(Includes Sunday Sales)
19.Prime Mart, 1008 LaPorte Road (Renewal) (Expires 11/22/2013) (Includes
Sunday Sales)
Class B Native Wine License Permit Application
20.Casey's General Store #2866, 51 E. Tower Park Drive (Renewal) (Expires
12/27/2013) (Includes Sunday Sales)
21.Casey's General Store #2427, 3035 Logan Avenue (Renewal) (Expires
12/31/2013) (Includes Sunday Sales)
22.Casey's General Store #2867, 2424 Ranchero Road (Renewal) (Expires
12/27/2013) (Includes Sunday Sales)
Outdoor Service Area Application
23.Cadillac Lanes, 650 LaPorte Road
24.Grout Museum, 503 South Street
25.Bonds
Roll call vote -Ayes: Seven. Item #1.b.14 Ayes: Five. Nays: Two (Schmitt, Cole.)
Motion carried.
Mayor Clark recognized the newly appointed board members and promoted employees.
PUBLIC HEARINGS
140395 - Schmitt/Welper
that proof of publication of notice of public hearing on Demolition and Site
Clearance for the following properties: 523 Dawson Street; 311 Adams Street; 426
Adams Street; 635 Sumner Street; 109 Oneida Street; 106 Linn Street; 203 Dane
Street (garage only), as published in the Waterloo Courier on January 22, 2013,
be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
January 28, 2013 Page 3
140396 - 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. Voice vote -Ayes: Seven. Motion carried.
140397 - Schmitt/Welper
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with Demolition and Site Clearance for the following
properties: 523 Dawson Street; 311 Adams Street; 426 Adams Street; 635 Sumner
Street; 109 Oneida Street; 106 Linn Street; 203 Dane Street (garage only)", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-40.
140398 - Schmitt/Welper
that "Resolution ordering construction in conjunction with Demolition and Site
Clearance for the following properties: 523 Dawson Street; 311 Adams Street; 426
Adams Street; 635 Sumner Street; 109 Oneida Street; 106 Linn Street; 203 Dane
Street (garage only)", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-41.
140399 - Schmitt/Welper
to receive and file and instruct City Clerk to open and read bids and refer to
Community Development Director for review in conjunction with Demolition and
Site Clearance for the following properties: 523 Dawson Street; 311 Adams
Street; 426 Adams Street; 635 Sumner Street; 109 Oneida Street; 106 Linn Street;
203 Dane Street (garage only):
Bidder
Bid
Security
Bid Amount
Benton's Sand & Gravel, Inc
905 Center Street
Cedar Falls, Iowa 50613-1407
5%
$51,300.00
Frickson Backhoe
911 Central Avenue
Evandale, Iowa 50707
$2,310.00
$46,200.00
Lehman Trucking & Excavating
1422 Ashland Avenue
Waterloo, Iowa 50703
5%
$41,035.00
Peterson Contractors Inc.
104 Black hawk Road, Box A
Reinbeck, Iowa 50669-0155
5%
$74,740.00
Stickfort Construction Co.
2175 Sergeant Road
Hudson, Iowa 50643
5%
$54,500.00
Voice vote -Ayes: Seven. Motion carried.
RESOLUTIONS
140400 - Hart/Schmitt
that "Resolution approving recommendation to reject all bids in conjunction with
the Gates Park Golf Course -Virden Creek Erosion Control Project -Submitted by JB
Bolger, Golf & Downtown Area Maintenance Manager", be adopted. Roll call vote -
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-42.
140401 - Hart/Schmitt
that "Resolution approving award of bid to John Deere Company of Cary, North
Carolina for a John Deere 5115M Utility Tractor with Diamond Mowing Attachment
in the amount of $78,616.22, minus trade-ins totaling $20,000.00 for a total
amount of $58,616.22; and approving the purchase to be delivered by Waterloo
Implement of Waterloo, Iowa -Submitted by JB Bolger, Golf & Downtown Area
Maintenance Manager", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-43.
January 28, 2013 Page 4
140402 - Hart/Schmitt
that "Resolution approving Convention and Visitors Bureau Board recommendations
for funding the following Hotel/Motel Partner Grant requests: National
Wrestling Hall of Fame Dan Gable Museum in the amount of $5,405.00; Waterloo
Community Playhouse/Black Hawk Children's Theater in the amount of $15,228.00;
Waterloo Center for the Arts in the amount of $32,749.60; Grout Museum District
in the amount of $37,026.60; Cedar Valley Arboretum & Botanic Gardens in the
amount of $3,581.40 -Submitted by Aaron Buzza, Executive Director of Waterloo
Convention & Visitors Bureau", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-44.
140403 - Hart/Schmitt
that "Resolution approving Convention and Visitors Bureau Board recommendation
for hotel/motel mini -grant for the following request: Blue Suede Memories in
the amount of $2,025.00 -Submitted by Aaron Buzza, Executive Director of Waterloo
Convention & Visitors Bureau", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-45.
140404 - Cole/Schmitt
that "Resolution accepting and approving the acquisition of property generally
located at 214-216 Independence Avenue, as granted by court order pursuant to
Section 657A of the Iowa Code; 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.
.Resolution adopted and upon approval by Mayor assigned No. 2013-46.
140405 - Cole/Schmitt
that "Resolution accepting and approving the acquisition of property generally
located at 847 Dawson Street, as granted by court order pursuant to Section 657A
of the Iowa Code; 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.
Resolution adopted and upon approval by Mayor assigned No. 2013-47.
140406 - Cole/Schmitt
that "Resolution accepting and approving the acquisition of property generally
located at 420 Dawson Street, as granted by court order pursuant to Section 657A
of the Iowa Code; 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.
Resolution adopted and upon approval by Mayor assigned No. 2013-48.
140407 - Cole/Schmitt
that "Resolution accepting and approving the acquisition of property generally
located at 1029 South Street, as granted by court order pursuant to Section 657A
of the Iowa Code; 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.
Resolution adopted and upon approval by Mayor assigned No. 2013-49.
140408 - Greenwood/Schmitt
that "Resolution approving Release of Loan Agreement with Waterloo Tent & Tarp
Company from February 4, 2003; 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. 2013-50.
January 28, 2013
140409 - Greenwood/Schmitt
Page 5
that "Resolution approving Amendment No. 12 to Contract Number 08 -DRB -205 with
the Iowa Economic Development Authority (IEDA) for the Disaster Recovery
Business Assistance Programs by increasing the total award amount from
$2,394,041.00 to $2,398,179.00 and extending the contract end date to January
31, 2013; 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. 2013-51.
140410 - Greenwood/Schmitt
that "Resolution approving Promissory Note for the HQAA/JSA project that states
a repayment schedule for not meeting all terms of original agreement with State
of Iowa; 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. 2013-52.
140411 - Schmitt/Welper
that Change Order No. 1 for a net
Gravel, Inc. of Cedar Falls,
Underground Detention -Submitted
received, placed on file and
carried.
increase of $17,082.90 with Benton's Sand and
Iowa for the Ridgeway Towers Storm Sewer
by Ethel Washington, Housing Director, be
approved. Voice vote -Ayes: Seven. Motion
Mr. Greenwood noted that the increase
for the project.
140412 - Schmitt/Welper
is due to an additional easement needed
that Change Order No. 8 for a net increase of $27,348.15 with Vieth Construction
Corporation of Cedar Falls, Iowa for the F.Y. 2010 Cedar River Water Trail,
Contract No. 734 -Submitted by Jamie Knutson, P.E., Associate Engineer, be
received, placed on file and approved. Voice vote -Ayes: Seven. Motion
carried.
140413 - Schmitt/Welper
that Change Order No. 1 for a net increase of $3,660.85 with Aspro, Inc, of
Waterloo, Iowa for the F.Y. 2013 Trail Repair Program - Zone 1, Contract No.
825 -Submitted by Jeff Bales, Associate Engineer, be received, placed on file and
approved. Voice vote -Ayes: Seven. Motion carried.
140414 - Welper/Schmitt
that Change Order No. 1 for a net decrease of $110,788.62 with B & B Builders
and Supply of Waterloo, Iowa for the F.Y. 2013 Sidewalk Repair Assessment
Program - Zone 2, Contract No. 826 -Submitted by W. Wayne Castle, PLS, RI,
Associate Engineer, be received, placed on file and approved. Voice vote -Ayes:
Seven. Motion carried.
140415 - Welper/Schmitt
that "Resolution approving Professional Services Agreement with AECOM Technical
Services, Inc. in the amount of $37,500.00 for design services on the Fourth
Street Bridge and Wall Repairs; and authorize Mayor and City Clerk to execute
said document -Submitted by Jeff Bales, Associate Engineer", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-53.
140416 - Welpez/Schmitt
that "Resolution approving Professional Services Agreement with AECOM Technical
Services, Inc. in the amount of $9,900.00 for design and construction related
services on the F.Y. 2013 Dry Run Creek Gate Well Replacement, Contract No. 814;
and authorize Mayor and City Clerk to execute said document -Submitted by Jamie
Knutson, P.E., Associate Engineer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-54.
January 28, 2013 Page 6
140417 - 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
$96,953.60 in conjunction with F.Y. 2013 Trail Repair Program - Zone 1, Contract
No. 825; and receive and file two-year maintenance bond -Submitted by Eric
Thorson, P.E., City Engineer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-55.
140418 - Cole/Welper
that "Resolution approving Completion of Project and Recommendation of
Acceptance of Work performed by B & B Builders and Supply of Waterloo, Iowa at a
total cost of $183,292.80 in conjunction with F.Y. 2013 Sidewalk Repair
Assessment Program - Zone 2, Contract No. 826; and receive and file two-year
maintenance bond -Submitted by Eric Thorson, P.E., City Engineer", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-56.
140419 - Cole/Welper
that "Resolution approving Professional Services Agreement with JDE Engineering
in the amount of $144,000.00 for design services on the F.Y. 2012 Delane Avenue
Watershed Detention Basin, Contract No. 853; and authorize Mayor and City Clerk
to execute said document -Submitted by W. Wayne Castle, PLS, EI, Associate
Engineer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-57.
140420 - Cole/Welper
that "Resolution approving revised Collective Bargaining Agreement with
International Association of Firefighters Local No. 66 to include Fire Marshal
and Fire Captains", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-58.
OTHER COUNCIL BUSINESS
140421 - Getty/Welper
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. in conjunction with F.Y. 2013 U.S. Highway 63 Improvements - From Conger
Street/Newell Street to Donald Street, Contract No. 790, be approved. Voice
vote -Ayes: Seven. Motion carried.
140422 - Getty/Welper
that plans, specifications, form of contract, etc. in conjunction with F.Y. 2013
U.S. Highway 63 Improvements - From Conger Street/Newell Street to Donald
Street, Contract No. 790, be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
140423 - Getty/Welper
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with F.Y. 2013 U.S. Highway 63 Improvements - From
Conger Street/Newell Street to Donald Street, Contract No. 790", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-59.
140424 - Getty/Welper
that "Resolution setting date of hearing as February 18, 2013; and instruct City
Clerk to publish notice of plans, specifications, form of contract, etc.
(Project will be let by IDOT on February 19, 2013) in conjunction with F.Y. 2013
U.S. Highway 63 Improvements - From Conger Street/Newell Street to Donald
Street, Contract No. 790", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-60.
140425 - Schmitt/Greenwood
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. in conjunction with F.Y. 2013 Sans Souci Wing Dam Repairs, Contract No.
846, be approved. Voice vote -Ayes: Seven. Motion carried.
January 28, 2013
140426 - Schmitt/Greenwood
Page 7
that plans, specifications, form of contract, etc. in conjunction with F.Y. 2013
Sans Souci Wing Dam Repairs, Contract No. 846, be received and placed on file.
Voice vote -Ayes: Seven. Motion carried.
140427 - Schmitt/Greenwood
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with F.Y. 2013 Sans Souci Wing Dam Repairs,
Contract No. 846", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-61.
140428 - Schmitt/Greenwood
that "Resolution setting date of hearing and bid opening as February 11, 2013;
and instruct City Clerk to publish notice of plans, specifications, form of
contract, etc. in conjunction with F.Y. 2013 Sans Souci Wing Dam Repairs,
Contract No. 846", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-62.
140429 - Cole/Hart
that "Resolution approving documents, and adopt and levy the final schedule of
assessments in conjunction with F.Y. 2013 Sidewalk Repair Assessment Program -
Zone 2, Contract No. 826 -Submitted by Wayne Castle, PLS, EI, Associate
Engineer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-63.
ORAL PRESENTATIONS
Jim Chapman, 224 Bertch Avenue, expressed concern on the recent home invasions
and asked for an ordinance that has penalties for rental properties with issues.
Dan Trelka, Director of Safety Services, reported that the crime property
ordinance is being looked at to decrease the cumbersomeness of the ordinance on
the officers so it can be enforced.
Mayor Clark asked that it be set as a priority.
Ron Lepsch, 467 Devonshire Drive, thanked Council for their support on the water
issue in their neighborhood.
Steve Murphy, 124 Terrace Drive, expressed concern with the recent home
invasions. He requested immediate code enforcement action on the apartment
buildings in the neighborhood. He requested that the neighborhood watch vehicle
be put back in place. He also requested that the crime property ordinance be put
in place. He asked that the City buy the apartments.
Dan Trelka, Director of Safety Services, noted that the crime in the
neighborhood increased while the watch was in place and the funding was only
allowed for one year. He proposed that it be a partnership with the neighborhood
association.
Carol Gustafson, 1416 Baltimore Street, president of the local neighborhood
association, expressed concern with the recent home invasions and asked for
Council to help solve the issue.
Charles Humphries, 2101 City View Street, expressed concern that his street has
not been overlaid since the 1970's and requested that it be looked at. He
expressed concern with the drug dealers that are bringing drugs into the
community and with the officer's behavior. He reported that the corner of Idaho
and Shirley Street is dangerous from water running off someone's property.
Mr. Hart noted that City View will be included in the 2015 Overlay Project.
Lorraine Axtell, 909 Bayard Street, expressed concern with the recent home
invasions.
Dearl Thomas, 200 Bertch Avenue, expressed concern with the recent home
invasions.
Suzy Schares, City Clerk, reminded citizens that the City does have a permitting
process for solicitation of funds and only those individuals who are permitted
are allowed to solicit for funds.
January 28, 2013 Page 8
Mr. Schmitt stated there is a curfew and individuals should be questioned if out
past the curfew to determine their age. He also suggested that individuals
should not be allowed to walk in the street if there is a sidewalk available. If
these are ordinances, they should be enforced.
140430 - Hart/Welper
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
140431 - Hart/Welper
that the Council adjourn at 6:35 p.m. Voice vote -Ayes: Seven. Motion carried.