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HomeMy WebLinkAboutMinutes-07/15/2013JULY 15, 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, JULY 15, 2013. Mayor Ernest G. Clark in the Chair. Roll Call: Getty, Jones, Greenwood, Schmitt, Welper, Hart. Absent: Cole. Moment of Silence. Pledge of Allegiance: Larry Smith, Superintendent of Waste Management Services. 141249 - Hart/Schmitt that the Agenda, as amended by adding a noise variance as item la.3, adding a public hearing as item #2, changing the contract amount for item #8, changing the date of the hearing for item #14, and changing the minute date for item #5 in the public information section, for the Regular Session on Monday, July 15, 2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. 141250 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, July 8, 2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. Mayor Clark read a Proclamation declaring July 19 - 20, 2013 as the "2013 Promise Keepers National Conference." The presentation by Iowa State University Extension and Outreach regarding Black Hawk County Fair was postponed. CONSENT AGENDA 141251 - Hart/Schmitt 1. 2. 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 July 15, 2013, in the amount of $3,028,272.22, 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. 2013-594. 2. Request of Faith Temple Baptist Church ABCUSA & BHC Health Department for a variance to the Noise Ordinance on July 20, 2013 and August 17, 2013 from 10:00 AM to 2:00 PM in conjunction with Free Community -Wide Zumbathon event to be held at Furgerson-Fields Park and Lincoln Park including 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. 2013-595. 3. Request of Nisa Neil for a variance to the Noise Ordinance on July 15, 2013 from 7:00 p.m. to 8:30 p.m. in conjunction with Coalition Fur Peace event to be held at Lafayette Park including 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. 2013-596. b. Motion to approve the following: Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to exceed Elizabeth Andrews, Registrar, Waterloo Center for the Arts & Volunteer TBD Pick up artwork Sheboygan, Wisconsin July 14- 15, 2013 $325.00 Sgt. Hector Camarin & Inv. Adam Wittmayer Investigative Strategies for Missing and Abducted Children St. Paul, Minnesota July 21- 25, 2013 $506.00 Roll call vote -Ayes: Six. Motion carried. Mr. Schmitt abstained from the bills payment to Schmitt Telecom. JULY 15, 2013 Page 2 3. Recommendation of appointment of Wade Ingamells to the position of Park Maintenance II - Crew Leader, effective August 1, 2013 pending completion of pre-employment physical exam and drug testing. Submitted by Paul Huting, Leisure Services Director 4. Recommendation of appointment of Robert Jorgensen to the position of Golf Maintenance III, effective August 1, 2013. Submitted by Paul Huting, Leisure Services Director Class C Liquor License Permit Application 5. Cedar Valley Irish Cultural Association, Inc., Lincoln Park (New) (Expires 8/6/2013) (Includes Sunday Sales) Cigarette Permit Application 6. Demi's Blue Martini Lounge, 728 Commercial Street 7. City Liquor & Tobacco, 200 Broadway Street 8. Smoker's Choice, 210 W. 18th Street 9. Gerand LLC, DBA Crossroads BP, 2035 E. Mitchell Avenue 10. CVS Pharmacy #8544, 1825 E. San Marnan Drive 11. CVS Pharmacy #8546, 205 Franklin Street 12. Bonds PUBLIC HEARINGS 141252 - Schmitt/Welper that proof of publication of notice of public hearing on July 15, 2013, as published in the Waterloo Courier on July 10, 2013, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 141253 - 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 and oral and written comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. RESOLUTIONS 141254 - Getty/Greenwood that "Resolution setting date of hearing as August 5, 2013 to approve request by Garrett Gingrich to vacate an 8' wide platted utility easement at the northwest corner of Mount Vernon Drive and Meadow Lane in West Ridge Second Addition; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-597. 141255 - Getty/Greenwood that "Resolution approving award of bid to Ultramax Ammunition of Rapid City, South Dakota in an amount not to exceed $36,500.00 for the Police Department F.Y. 2014 ammunition needs", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-598. 141256 - Getty/Greenwood that "Resolution approving Fifth Amendment to the Development Agreement between the City of Waterloo and MAKO Waterloo Corporation for the restoration and rehabilitation of the Rath Administration Building located at 1515 Sycamore Street", be adopted. Mr. Hart questioned if there is a clause that requires them to demolish if it is not completed by September 2014. Noel Anderson, Community Planning and Development Director, said the City did not have funds available to demolish in the past and staff is confident that they will proceed. The owner has hired a new architect. Mr. Schmitt clarified that part of the amendment includes them securing the building. Mr. Getty expressed concern with them getting another year. Mr. Hart said the catch is that if the City received it back we won't have funds available for years to demolish the property. JULY 15, 2013 Page 3 Mr. Schmitt noted that area has improved and questioned if this precludes anyone else. Noel Anderson, Community Planning and Development Director, explained that the developers are in charge of tenants but selling it would have to be approved by Council. Mayor Clark noted that this developer has started working again but had slowed due to the economy. Mr. Hart requested the developer agree to demolish the property if not completed. Mr. Schmitt noted that some of the historic tax credits downtown were not approved. Noel Anderson, Community Planning and Development Director, noted that the tax credits were not obtained by JSA & Sherman. City Attorney Jim Walsh noted that tax credits expire and it is a lottery as to whether they get it. Craig Clark, Building Official, noted that building permits have been obtained to secure the facility and replace the roof. Mr. Hart questioned the timeframe for work to be completed. Craig Clark, Building Official, stated that work has to be completed within 180 days or the permit will expire. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-599. 141257 - Hart/Schmitt that "Resolution approving a change order to the previous Property Exchange Agreement with the Northeast Iowa Food Bank, Inc. to reflect an additional $6,419.88 in demolition costs at the site for new construction; and authorize the Mayor and City Clerk to sign and fully execute any necessary documents", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-600. 141258 - Hart/Schmitt that "Resolution approving Professional Services Agreement in the amount of $10,000.00 with HR Green, Inc. of Cedar Rapids, Iowa for the Chamberlain Phase III Demolition for additional services; and authorize the Mayor and City Clerk to sign and fully execute any necessary documents", be adopted. Roll call vote - Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-601. 141259 - Hart/Schmitt that "Resolution approving the Vandewalle & Associates Proposed Scope of Work Agreement in the amount of $72,000.00 for Implementation of Services for 2014- 2015 for the City of Waterloo, and authorize the Mayor and City Clerk to sign for and fully execute any necessary documents", be adopted. Mr. Schmitt questioned if there is an end date for the redevelopment. Mayor Clark noted that as long as there is progress there is not an end date. Vandewalle adds tremendous value to the redevelopment of downtown. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-602. 141260 - Welper/Schmitt that "Resolution approving the Release of Real Estate Mortgage for certain mortgage dated October 15, 1985 with National Cattle Congress and City of Waterloo, and authorize the Mayor and City Clerk to sign and fully execute any necessary documents", be adopted. Noel Anderson, Community Planning and Development Director, explained that in 1996 the loan was repaid but never released. JULY 15, 2013 Page 4 Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-603. 141261 - Welper/Schmitt that "Resolution approving award of bid to Kirk Gross Company of Waterloo, Iowa in the amount of $87,787.99 for the purchase of Cedar Valley SportsPlex furnishings", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-604. 141262 - Welper/Schmitt that "Resolution approving award of bid to Landmark Turf Services of Dunkerton, Iowa in the amount of $25,175.00 for the F.Y. 2014 Flood Control System Tree Removal", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-605. OTHER COUNCIL BUSINESS 141263 - Schmitt/Welper that Motion approving Change Order No. 1 for a net decrease of $34,200.00 for work performed by Veith Construction Corporation of Cedar Falls, Iowa for the F.Y. 2012 Chamberlain Demolition Phase 3, Contract No. 806, be received, placed on file and approved. Voice vote -Ayes: Six. Motion carried. 141264 - Schmitt/Welper that Motion to receive and place on file the 2012 Operating Report of the Waterloo Water Works, be received, placed on file and approved. Voice vote - Ayes: Six. Motion carried. 141265 - Greenwood/Schmitt to instruct Community Planning & Development Director to prepare plans, specifications, form of contract, etc. in conjunction with Request for Proposal for Demolition and Site Clearance Services RACM (regulated asbestos -containing materials) for 710 Willow and 115 Smith Streets, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 141266 - Greenwood/Schmitt to receive and file plans, specifications, form of contract, etc. in conjunction with Request for Proposal for Demolition and Site Clearance Services RACM (regulated asbestos -containing materials) for 710 Willow and 115 Smith Streets, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 141267 - Greenwood/Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with Request for Proposal for Demolition and Site Clearance Services RACM (regulated asbestos -containing materials) for 710 Willow and 115 Smith Streets", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-606. 141268 - Greenwood/Schmitt that "Resolution setting date of hearing and bid opening as August 5, 2013; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with Request for Proposal for Demolition and Site Clearance Services RACM (regulated asbestos -containing materials) for 710 Willow and 115 Smith Streets", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-607. 141269 - Greenwood/Schmitt to instruct Community Planning & Development Director to prepare plans, specifications, form of contract, etc. in conjunction with Request for Proposal for Demolition and Site Clearance Services RACM (regulated asbestos -containing materials) for the former Lafayette School located at 2265 Lafayette Street, be received and placed on file. Mr. Schmitt questioned time frame. JULY 15, 2013 Page 5 Noel Anderson, Community Planning and Development Director, explained that it should be started this winter and completed by spring. It is a multi-level building so it may be a bit more complicated. Voice vote -Ayes: Six. Motion carried. 141270 - Greenwood/Schmitt that to receive and file plans, specifications, form of contract, etc. in conjunction with Request for Proposal for Demolition and Site Clearance Services RACM (regulated asbestos -containing materials) for the former Lafayette School located at 2265 Lafayette Street, be received and placed on file. Voice vote - Ayes: Six. Motion carried. 141271 - Greenwood/Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with Request for Proposal for Demolition and Site Clearance Services RACM (regulated asbestos -containing materials) for the former Lafayette School located at 2265 Lafayette Street", be adopted. Roll call vote - Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-608. 141272 - Greenwood/Schmitt that "Resolution setting date of hearing and bid opening as August 12, 2013; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with Request for Proposal for Demolition and Site Clearance Services RACM (regulated asbestos -containing materials) for the former Lafayette School located at 2265 Lafayette Street", be adopted. Roll call vote - Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-609. ORAL PRESENTATIONS None ADJOURNMENT 141273 - Hart/Schmitt that the Council adjourn at 6:03 p.m. Voice vote -Ayes: Six. Motion carried. Suzy Scha es City Cle