HomeMy WebLinkAboutMinutes-03/25/2013w.
March 25, 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, March 25, 2013. Mayor Ernest G. Clark
in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Suzy Schares, City Clerk.
140656 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, March 25, 2013,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
140657 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, March 18,
2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
140658 - 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. 1-27,
dated March 25, 2013, in the amount of $3,089,316.29, 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. 2013-207.
b. Motion to approve the following:
1.
2.
3.
4.
5.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Lieutenant
Frana;
Lieutenant
Campbell;
Sergeant
Hoelscher;
Sergeant Richter
Glock Armorer
Course
Cedar
Rapids,
Iowa
April 11,
2013
$840.00
Luke Even,
Forestry Foreman
Minnesota
Shade Tree
Short Course
Arden
Hills,
Minnesota
March 12-
13, 2013
$445.00
Ben Wagner,
Draftsperson
Iowa
Geographic
Information
Council
(IGIC)
Biennial
Conference
Cedar
Rapids,
Iowa
April 2-4,
2013
$295.78
Mark A. Boesen,
Manager of
Rehabilitation
Services; Jon
Martin,
Rehab/Relocation
Specialists;
Matt Chesmore,
Rehab/Relocation
Specialists
IAHO Spring
Conference
Waterloo,
Iowa
April 3-5,
2013
$750.00
Larry N. Smith,
Waste Management
Services
Superintendent
22nd Annual
IAWEA
Biosolids
Conference
Ankeny,
Iowa
March 20,
2013
$115.00
March 25, 2013
6.
7.
8.
Page 2
Brian Rath,
Treatment
Operator
Supervisor
22nd Annual
IAWEA
Biosolids
Conference
Ankeny,
Iowa
March 20,
2013
$115.00
Pat Treloar,
Spring
Ames, Iowa
April 9-10,
$184.00
Chief of Fire
Chief's
March
2013
2016
Services
Conference
Michelle
Economic
Seattle, WA
4/9/2013 -
$2,365.00
Weidner, Chief
Financial
Development
for Finance
4/13/2013
Officer
Officers
9. Mayor Clark's recommendation of the following appointments:
Appointee
Board/Commission
Expiration
Date
New or Re -
Appointment
Matt Gardner
Plumbing Board
March
1,
2016
Re -Appointment
Scott Evans
Plumbing Board
March
1,
2016
Re -Appointment
Class B Beer License Permit Application
10.Panchero's Mexican Grill, 2845 Crossroads Blvd (Renewal) (3/31/2014)
(Includes Sunday Sales)
Class C Liquor License Permit Application
11.The Supervisor's Club, 3265 DeWitt Road (Renewal) (.Expires 11/9/2013)
(Includes Sunday Sales)
12.S.A.C.'s Neighborhood Pub, 2000 Hawthorne Ave. (New License) (Expires
2/1/2014) (Includes Sunday Sales)
Special Class C Beer/Wine License Permit Application
13.Dollar General Store #7136, 66 E. Tower Park Dr. (Renewal) (expires
2/28/2014) (Includes Sunday Sales)
14.Dollar General Store #4698, 2935 Logan Ave. (Renewal) (expires 2/28/2014)
(Includes Sunday Sales)
Outdoor Service Area Application
15.Panchero's Mexican Grill, 2845 Crossroads Blvd (Renewal) (3/31/2014)
(Includes Sunday Sales)
16.The Supervisor's Club, 3265 DeWitt Road (Renewal) (Expires 11/9/2013)
(Includes Sunday Sales)
17.Veteran's of Foreign Wars Club Post 1623, 1406 Commercial Street
Class A Liquor License Permit Application
18.Veteran's of Foreign Wars Club Post 1623, 1406 Commercial Street (Renewal)
(Expires 1/14/2014) (Includes Sunday Sales)
19.Bonds
Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt abstained from the
bills payment to Schmitt Telecom.
Mayor Clark recognized the newly appointed board members.
PUBLIC HEARINGS
140659 - Schmitt/Greenwood
that proof of publication of notice of public hearing on Purchase of One (1)
2013 Vermeer Stump Cutter, as published in the Waterloo Courier on March 21,
2013, be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
140660 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Schmitt/Greenwood
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
140661 - Schmitt/Greenwood
that "Resolution confirming approval of specifications, bid document, etc. in
conjunction with Purchase of One (1) 2013 Vermeer Stump Cutter", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-208.
March 25, 2013
140662 - Schmitt/Greenwood
Page 3
that "Resolution authorizing to proceed in conjunction with Purchase of One (1)
2013 Vermeer Stump Cutter", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-209.
140663 - Schmitt/Greenwood
to receive and file and instruct City Clerk to open and read bids and refer to
Public Works Director for review in conjunction with Purchase of One (1) 2013
Vermeer Stump Cutter:
Bidder
Bid Amount
Vermeer Sales & Service
4858 D Avenue
Marcus, Iowa 51035
$51,432.00
Vermeer Sales & Service
P.O. Box 168
Pella, Iowa 50219
$49,990.00
Vermeer of Eastern Iowa
101 Commerce Boulevard
Tipton, Iowa 52772
$49,250.00
Voice vote -Ayes: Seven. Motion carried.
140664 - Hart/Welper
that proof of publication of notice of public hearing on Request by Community
United Child Care Centers to rezone 4.8 acres of land from "R-1" One and Two
Family Residence District to "R -1,C -Z" Conditional Zoning District at 3610
Ansborough Avenue, as published in the Waterloo Courier on March 21, 2013, be
received and placed on file. Voice vote -Ayes: Seven. Motion carried.
140665 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Charles Burrell, 1416 Ridgemont Road, noted he does not have objections to the
daycare center or the rezoning but wants to be sure that access to the open area
next to Sulentic Park remains available.
Mayor Clark noted that there is no proposal to do anything with the bare land
but if anything were to change it would have to come back to Council.
Hart/Welper
that the hearing be closed and oral and written comments and recommendation of
approval of Planning, Programming and Zoning Commission be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
140666 - Hart/Welper
that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo
Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-
4-4, Approving a Rezone on Certain Property in conjunction with Request by
Community United Child Care Centers to rezone 4.8 acres of land from "R-1" One
and Two Family Residence District to "R -1,C -Z" Conditional Zoning District at
3610 Ansborough Avenue", be received, placed on file, considered and passed for
the first time. Roll call vote -Ayes: Seven. Motion carried.
140667 - 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.
140668 - Hart/Welper
that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo
Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-
4-4, Approving a Rezone on Certain Property in conjunction with Request by
Community United Child Care Centers to rezone 4.8 acres of land from "R-1" One
and Two Family Residence District to "R -1,C -Z" Conditional Zoning District at
3610 Ansborough 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. 5154.
March 25, 2013 Page 4
RESOLUTIONS
140669 - Schmitt/Hart
that "Resolution approving Project Agreement for the construction and
maintenance of a Martin Luther King Jr. Peace Walk in Washington Park; and
authorize Mayor and City Clerk to execute said document. (Recommendation of
denial of the Waterloo Leisure Services Commission and Waterloo Historical
Preservation Committee) -Submitted by Noel Anderson, Community Planning &
Development Director", be adopted. Roll call vote -Ayes: Four. Nays: Three
(Cole, Getty, Welper).
Ann Olsen, 1917 Newell Street, spoke in opposition to placing the Peace Walk in
Washington Park. She suggested if it passes revising the plan to maintain the
upper portion of the park.
Latonya Graves, 607 E. Donald Street, spoke in support of the Peace Walk.
Gail Quirk, 245 Alta Vista, spoke in opposition of placing the Peace Walk in
Washington Park but in support of the Peace Walk.
Randy Harrit, spoke in support of the memorial but not in Washington Park.
Sharena Sallis, 1427 Dearborn, spoke in support of the Peace Walk in Washington
Park.
Frieda Wiems, Chairperson of the MLK Peace Walk Committee, reviewed the history
of the project.
Mary Potter, 207 Leland, spoke in opposition to the Peace Walk and the direction
the project has taken.
Tim Ensworth, 608 W. 4th Street, spoke in support of the Peace Walk.
Mr. Welper noted that all of Council agrees that this is a great project but
there is a problem with placing it in Washington Park. He suggested placing it
in one of the vacant lots on the West Side that can't be built on due to the new
flood plains.
Mr. Schmitt noted that there were at least 16 locations reviewed for this
project.
Larry Kurtz, HTSR Architects, reported that several sites were studied.
Mr. Jones agreed that everyone is for the Peace Walk but the location is what is
at question. He asked that if it passes that the footprint be modified as to not
interfere with the traditional uses.
Mayor Clark explained that there is a project agreement and it would need to be
modified if suggestions were taken.
Jim Walsh noted that it needs to be referred back to the attorney's office for
any changes to be done.
Mr. Getty asked to see the documentation as to why the Historical Committee and
Leisure Services Committee recommended denial.
Paul Huting, Leisure Services Director, noted that it was a split vote with the
Leisure Services Committee.
Mary Potter, Chairman of the Historical Society, noted that the commission felt
the project was a good one but that it should be a new attraction not overlaid
in Washington Park.
Mr. Jones asked for a third party administrator to hold the endowment fund.
Jim Walsh noted that it could be done with a bank account that requires dual
signatures.
Mr. Greenwood supports the project.
Mr. Schmitt supports the project. He noted that the surrounding businesses
support the Peace Walk and the value would be to invigorate the park and would
tie well with the Grout Museum.
Resolution adopted and upon approval by Mayor assigned No. 2013-210.
March 25, 2013 Page 5
140670 - Hart/Getty
that "Resolution approving recommendation of award of bid to Bill Colwell Ford
of Hudson, Iowa in the amount of $153,192.00 for the Purchase of Six (6) 2013
Ford Interceptor Patrol Vehicles -Submitted by Mark Rice, Public Works Director",
be adopted. Roll call vote -Ayes: Seven.
Mr. Welper noted that this proves that State bid can be under bid.
Resolution adopted and upon approval by Mayor assigned No. 2013-211.
140671 - Hart/Getty
that Change Order No. 1 for a net increase of $38,777.00 for work performed by
Story Construction of Ames, Iowa on the Disinfection Facilities, Contract No.
817 -Submitted by Larry N. Smith, Waste Management Services Superintendent, be
received, placed on file and approved. Voice vote -Ayes: Seven. Motion
carried.
Mr. Greenwood noted that MidAmerican Energy changed their policy to not cover
the cost of transformers.
Larry Smith, Superintendent of Waste Management, noted that they no longer give
the transformer, it needs to be purchased.
140672 - Hart/Getty
that Change Order No. 2 for a net decrease of $1,386.00 for work performed by
K&W Electric Inc. of Cedar Falls, Iowa on the Rehabilitate Airfield Vault
project at Waterloo Regional Airport -Submitted by Bradley Hagen, Airport
Director, be received, placed on file and approved. Voice vote -Ayes: Seven.
Motion carried.
140673 - Hart/Getty
that "Resolution approving Convention and Visitors Bureau Board recommendations
for funding the following hotel/motel tax mini -grant request: George Wyth State
Park in the amount of $2,000.00 -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. 2013-212.
ORDINANCES
140674 - Schmitt/Welper
that "an Ordinance amending the 7-5B-1 and 7-5B-7 portions of the Weed Ordinance
in conjunction with Amendment to Weed Ordinance", be received, placed on file,
considered and passed for the first time. Roll call vote -Ayes: Seven. Motion
carried.
140675 - Schmitt/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.
140676 - Schmitt/Welper
that "an Ordinance amending the 7-5B-1 and 7-5B-7 portions of the Weed Ordinance
in conjunction with Amendment to Weed Ordinance", 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. 5155.
OTHER COUNCIL BUSINESS
140677 - Hart/Welper
to instruct Airport Director to prepare plans, specifications, form of contract,
etc.in conjunction with Rehabilitate T -Hangar "A" Roofing and Siding Project at
Waterloo Regional Airport, be approved. Voice vote -Ayes: Seven. Motion
carried.
March 25, 2013 Page 6
140678 - Hart/Welper
that plans, specifications, form of contract, etc. in conjunction with
Rehabilitate T -Hangar "A" Roofing and Siding Project at Waterloo Regional
Airport, be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
140679 - Hart/Welper
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with Rehabilitate T -Hangar "A" Roofing and Siding
Project at Waterloo Regional Airport", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-213.
140680 - Hart/Welper
that "Resolution setting date of hearing and bid opening as April 15, 2013; and
instruct City Clerk to publish notice of plans, specifications, form of
contract, etc. in conjunction with Rehabilitate T -Hangar "A" Roofing and Siding
Project at Waterloo Regional Airport", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-214.
140681 - Hart/Welper
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. in conjunction with F.Y. 2013 Sidewalk Repair Program and Trail Repairs -
Zone 3, Contract No. 848, be approved. Voice vote -Ayes: Seven. Motion
carried.
140682 - Hart/Welper
that plans, specifications, form of contract, etc. in conjunction with F.Y. 2013
Sidewalk Repair Program and Trail Repairs - Zone 3, Contract No. 848, be
received and placed on file. Voice vote -Ayes: Seven. Motion carried.
140683 - Hart/Welper
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with F.X. 2013 Sidewalk Repair Program and Trail
Repairs - Zone 3, Contract No. 848", be adopted. Roll Call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-215.
140684 - Hart/Welper
that "Resolution setting date of hearing and bid opening as April 8, 2013; and
instruct City Clerk to publish notice of plans, specifications, form of
contract, etc. in conjunction with F.Y. 2013 Sidewalk Repair Program and Trail
Repairs - Zone 3, Contract No. 848", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-216.
ORAL PRESENTATIONS
Steve Murphy, 124 Terrace Drive, requested a work session to discuss concerns
with the crime property ordinance.
Mayor Clark requested that the neighborhood work with Chief Trelka to express
their concerns with the proposed ordinance.
140685 - Hart/Welper
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
140686 - Hart/Welper
that the council adjourn to Executive Session at 6:26 p.m. Roll call vote -Ayes:
Seven. Motion carried.
City Attorney Jim Walsh stated that discussion of litigation is an approved
topic of Executive Session pursuant to Iowa Code Section 21.5(1)(c)(2012).
March 25, 2013 Page 7
EXECUTIVE SESSION
140687 - Hart/Schmitt
that the council adjourn Executive Session at 6:36 p.m. Voice vote -Ayes:
Seven. Motion carried.
140688 - Hart/Schmitt
that "Resolution approving tolling agreement; and authorizing Mayor to execute
said document", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-217.
ADJOURNMENT
140689 - Hart/Schmitt
that the Council adjourn at 6:37 p.m. Voice vote -Ayes: Seven. Motion carried.
AC },ACLIZAZ)
Suzy Schares
City Clerk