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HomeMy WebLinkAboutMinutes-04/28/2014April 28, 2014 The Council of the City of Waterloo, Iowa, met in Regular Session at Waterloo Center for the Arts, Law Court Theater, Waterloo, Iowa, at 5:30 p.m., on Monday, April 28, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Jim Walsh, City Attorney. 142645 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, April 28, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 142646 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, April 21, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark read a Proclamation declaring May 2-3, 2014 as "Poppy Days". Mayor Clark read a Proclamation declaring May, 2014 as "Bike Month", May 7, 2014 as "Bike to School Day", May 12-16, 2014 as "Bike to Work Week", and May 16, 2014 as "Bike to Work Day". CONSENT AGENDA 142647 - 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 April 28, 2014, in the amount of $1, 612, 603.50, 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. 2014-285. 2. Request of Mary E. Drey (Ansborough Ave. Hy -Vee) for a variance to the Noise Ordinance on Thursday May 1, 2014 from 4:30 p.m. to 7:30 p.m. in conjunction with Springtime Party Fundraiser for Autism to be held at the Ansborough Ave. Hy -Vee including band/DJ and 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. 2014-286. 3. Request of Janet Phillis for a variance to the Noise Ordinance on May 31, 2014 from 8:00 p.m. to 12:00 p.m. midnight in conjunction with "55 years old and finally earned a college degree" event to be held at the corner of Farrington and Harrow Streets (312 Farrington Road) including band/DJ and 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. 2014-287. 4. Request of George & Loretta Ryan for a variance to the Noise Ordinance on July 5, 2014 from 12:00 noon to 10:00 p.m. in conjunction with Family 50th Anniversary event to be held at 715 Riverside Drive 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. 2014-288. 5. Request of American Cancer Society for a variance to the Noise Ordinance on June 20, 2014 from 12:00 noon to Midnight in conjunction with Relay For Life of Black Hawk County event to be held at Hawkeye Community College Campus including a band and 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. 2014-289. April 28, 2014 Page 2 6. Request of RiverLoop Association Inc. for a variance to the Noise Ordinance from May 3, 2014 through October 31, 2014 from 10:00 a.m. to Midnight in conjunction with Musical Concerts, Wedding Receptions and Private Parties to be held at Riverloop Amphitheatre including a band/DJ and 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. 2014-290. 7. Request of MB Rentals II, LLC for tax exemptions for the construction of a new single family dwelling valued at $154,000.00 located at 2018 Ansborough Avenue and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-291. 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 Paul Huting, Iowa Park & Cedar 04/07/14- $561.00 Leisure Services Recreation Assoc. Rapids, IA 04/09/14 X Director Conf. Renewal 04/15/15 X Wendy Drinovsky, 2014 Shieldware Des Moines, 05/07/14- $185.00 Records Manager Conf. IA 05/08/14 X Inv. Monroe & Marijuana Testing Ankeny, IA 06/02/14- $1,150.00 Inv. Hageman School 06/05/14 Michelle Weidner, Chief Iowa Governmental Roundtable Des Moines, IA 05/13/14 $300.00 Financial Officer 5. Mayor Clark's recommendation of the following appointment: 6. 7. 8. 9. 10. 11. Appointee Board/Commission Expiration Date New or Re - Appointment Dan Bigler ADA Compliance Commission 03/14/17 Re -Appointment Kathryn Payne General Contractors Board of Licensing, Examiners & Appeals 11/01/16 Re -Appointment Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Demi's Blue Martini Lounge 728 Commercial St. Class C Liquor & Outdoor Service Renewal 01/18/15 X J's R & B Lounge 501 Independence Ave. Class C Liquor Renewal 04/06/15 X New Star Liquor 1309 Lafayette Class E Liquor, Class B Wine & Class C Beer Renewal 04/15/15 X Sky 501 Sycamore St. Class C Liquor Renewal 12/14/14 X South Hills Golf Course 1830 E Shaulis Rd. Class B Beer & Outdoor Service Renewal 03/31/15 X Main Street Waterloo Lincoln Park Special Class C (Beer/Wine) Outdoor Service Renewal 05/14/14 - 11/14/14 12. Bonds Vehicle For Hire Business License Application 13. The Loop Taxi & Transportation, 121 Webster Street 14. Dolly's Taxi, 2202 College Street, Cedar Falls, Iowa Roll call vote -Ayes: Seven. Motion carried. April 28, 2014 PUBLIC HEARINGS 142648 - Schmitt/Morrissey Page 3 that proof of publication of notice of public hearing on Purchase of Seven (7) 12 -Lead Cardiac Monitors as published in the Waterloo Courier on April 11, 2014, 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. 142649 - Schmitt/Welper that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 142650 - Schmitt/Welper that "Resolution confirming approval of specifications, bid document, etc. in conjunction with the Purchase of Seven (7) 12 -Lead Cardiac Monitors", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-292. 142651 - Schmitt/Welper that "Resolution authorizing to proceed in conjunction with the Purchase of Seven (7) 12 -Lead Cardiac Monitors", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-293. 142652 - Schmitt/Welper to receive and file and instruct City Clerk to open and read bids and refer to Chief of Fire Services for review in conjunction with Purchase of Seven (7) 12 - Lead Cardiac Monitors: Voice Vote: Ayes: Seven. Bidder Bid Amount Phillips Medical Systems 3000 Minuteman Rd. Bldg. 3, 1st Floor Andover, MA 01810 $172,313.27 Physio -Control, Inc. 11811 Willow Road, NE Redmond, WA 98052 $219,829.80 Zoll Medical 269 Mill Rd. Chelmsford, MA 01824 $185,382.12 Mr. Welper explained that 70% of the bid price will be paid for by Black Hawk Gaming Association. RESOLUTIONS 142653 - Hart/Morrissey that "Resolution approving Convention and Visitors Bureau Board recommendations for hotel/motel mini -grants for the following requests: Iowa Foster & Adoptive Parents Association (IFAPA) in the amount of $2,400.00, Waterloo Softball Association in the amount of $2,220.00, and Youth Sports Foundation in the amount of $2,100.00", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-294. 142654 - Hart/Morrissey that "Resolution approving City of Waterloo City Council priorities through fiscal year 2016", be adopted. Roll call vote -Ayes: Seven. Mr. Lind suggested ranking the priorities. Resolution adopted and upon approval by Mayor assigned No. 2014-295. 142655 - Hart/Morrissey that "Resolution approving amendment to the Purchasing Procedures Bidding", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-296. April 28, 2014 142656 - Cole/Hart Page 4 that "Resolution approving Wastewater Disposal System Construction Permit Application with the Iowa Department of Natural Resources in conjunction with WPCF Belt Press Addition, Contract No. 869", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-297. 142657 - Cole/Hart that "Resolution approving extension of Contract with Nutri-Ject Systems, Inc. of Hudson, Iowa for Biosolids Management, Storage, and Land Application, with a new rate of $4,900.00 per month ($200.00 monthly increase) for the biosolids storage building for a five year term commencing August 1, 2014 through July 31, 2019; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-298. 142658 - Cole/Hart that "Resolution approving award of contract to Robert C. Hauptly Construction Co. of Waterloo, Iowa; and approving the Contract, Bonds and Certificate of Insurance for the 2014 Lift Stations and Complaint Mowings with Complaint Snow Removal; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-299. 142659 - Welper/Morrissey that "Resolution approving award of contract to Todd Van Dorn Construction, Inc. of Cedar Falls, Iowa in the amount of $334,447.91; and approving the Contract, Bonds and Certificate of Insurance for the F.Y. 2014 Sidewalk Repair Program - Zone 4 and Trail Repairs, Contract No. 863; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-300. 142660 - Welper/Morrissey that "Resolution approving award of hotel/motel discretionary funding to the following entities: Waterloo Municipal Band in the amount of $20,000.00; Aspire Therapeutic Riding Program Event in the amount of $7,000.00; Leisure Services for Golf Marketing Campaign in the amount of $9,000.00; and Grout Museum District - Tour of My Town in the amount of $560.00", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-301. 142661 - Hart/Welper that "Resolution Electing Classifications and Procedures for proposed Bond Projects as listed in the requested Waterloo Project Allocations 2014 Bond Issue Summary", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-302. 142662 - Hart/Welper that "Resolution fixing date of hearing as May 12, 2014 on the proposed issuance of the following bond for project classifications just approved: ECP -1 - Not to exceed $8,000,000.00 General Obligation Bonds for essential corporate purposes with details on projects covered by each hearing are on file for review; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-303. 142663 - Hart/Welper that "Resolution fixing date of hearing as May 12, 2014 on the proposed issuance of the following bond for project classifications just approved: ECP -2 - Not to exceed $1,700,000.00 General Obligation Bonds (Urban Renewal) for essential urban renewal purposes with details on projects covered by each hearing are on file for review; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-304. April 28, 2014 142664 - Hart/Welper Page 5 that "Resolution fixing date of hearing as May 12, 2014 on the proposed issuance of the following bond for project classifications just approved: ECP -3 - Not to exceed $12,900,000.00 General Obligation Bonds (Refunding) for essential corporate purposes with details on projects covered by each hearing are on file for review; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-305. 142665 - Hart/Welper that "Resolution fixing date of hearing as May 12, 2014 on the proposed issuance of the following bond for project classifications just approved: GCP-1 - Not to exceed $700,000.00 General Obligation Bonds for general corporate purposes with details on projects covered by each hearing are on file for review; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-306. 142666 - Hart/Welper that "Resolution fixing date of hearing as May 12, 2014 on the proposed issuance of the following bond for project classifications just approved: GCP-2 - Not to exceed $700,000.00 General Obligation Bonds for general corporate purposes with details on projects covered by each hearing are on file for review; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-307. 142667 - Hart/Welper that "Resolution fixing date of hearing as May 12, 2014 on the proposed issuance of the following bond for project classifications just approved: GCP-3 - Not to exceed $700,000.00 General Obligation Bonds for general corporate purposes with details on projects covered by each hearing are on file for review; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-308. 142668 - Hart/Welper that "Resolution fixing date of hearing as May 12, 2014 on the proposed issuance of the following bond for project classifications just approved: GCP-4 - Not to exceed $700,000.00 General Obligation Bonds for general corporate purposes with details on projects covered by each hearing are on file for review; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-309. ORDINANCES 142669 - Morrissey/Hart that "an Ordinance amending the City of Waterloo Zoning Ordinance No. 5079 by adding additional restrictions for "payday" loan (delayed deposit service) businesses", be received, placed on file, considered and passed for the third time and adopt. Roll call vote -Ayes: Five. Nays: Two (Schmitt, Lind). Motion carried. Mr. Lind questioned why there is a restriction from the Central Business District. He suggested that there may be good reasons to have them near other banks. Aric Schroeder, City Planner, explained that there are similarities to financial institutions and they are regulated by the same rules but there are differences as well. Mr. Schmitt expressed concern with regulating this business type as it is regulated by the State. Ordinance adopted and upon approval by Mayor assigned No. 5210. April 28, 2014 142670 - Schmitt/Hart Page 6 that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by adding a new Section 302-8-1 (3) b 5, 6 Front Yard Parking Citation to the International Property Maintenance Code Article B. (Front yard parking citation)", be received, placed on file, considered and passed for the third time and adopt. Roll call vote -Ayes: Seven. Motion carried. Maria Tiller, Code Enforcement Foreman, explained that this ordinance allows a citation to be issued immediately for parking in the front yard of a residence. Ordinance adopted and upon approval by Mayor assigned No. 5211. 142671 - Morrissey/Welper that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Chapter 3, General Penalty, 1-3-2 (E) Administrative Fees. (Clarification for 10 days notices of violation only)", be received, placed on file, considered and passed for the third time and adopt. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5212. 142672 - Cole/Welper that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Title 7, Public Ways & Property, Chapter 7-1-2 Prohibited Acts & Conditions Section B (3) Snow and Ice Removal. (Elimination of notice after first violation for snow removal)", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Three. Nays: Four (Lind, Hart, Jones, Schmitt). Motion failed. Mr. Jones expressed concern with the ordinance and suggested a shortened notice after the first violation. Mr. Hart questioned the City's ability to maintain the City property in a timely manner. Dave Zellhoefer, Assistant City Attorney, explained that this is a safety issue and is typical for abandoned properties. This ordinance gives 72 hours after the snow stops to correct the situation. Maria Tiller, Code Enforcement Foreman, explained that there is not a fine but after the first notification there is a hundred dollar administrative fee and then a three hundred dollar administrative fee after that. The property is posted with the violation. Mr. Lind, Mr. Morrissey, and Mr. Schmitt asked clarifying questions. Sue Scholl, 2214 Regal, President Black Hawk County Landlord Associations, expressed concern with the ordinance and suggested utilizing the new registration process to notify landlords of the violations. 142673 - Hart/Schmitt that "an Ordinance amending the 2008 Traffic Code by amending subsection (7), Aladdin Street, parking prohibited at all times on certain streets, Section 551 by deleting subsection (7) Aladdin Street in its entirety and inserting in lieu thereof a new Subsection (7), Aladdin Street, Section 551", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Sandie Greco, Superintendent Traffic Operations, explained that this is to alleviate a parking problem on Bauch Street. The neighborhood has been notified and there were no objections. 142674 - Hart/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 142675 - Hart/Morrissey that "an Ordinance amending the 2008 Traffic Code by amending subsection (7), Aladdin Street, parking prohibited at all times on certain streets, Section 551 by deleting subsection (7) Aladdin Street in its entirety and inserting in lieu thereof a new Subsection (7), Aladdin Street, Section 551", be received, placed on file, considered and passed for the first time", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. April 28, 2014 Ordinance adopted and upon approval by Mayor assigned No. 5213. 142676 - Schmitt/Hart Page 7 that "an Ordinance amending the 2008 Traffic Code by amending Section 571A, No Parking 8:00 a.m. to 4:00 p.m. During School by adding Subsection (1) 2400 Baltimore Street", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Sandie Greco, Traffic Superintendent, explained that this will eliminate parking on the East Side during school hours. 142677 - Schmitt/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 142678 - Schmitt/Hart that "an Ordinance amending the 2008 Traffic Code by amending Section 571A, No Parking 8:00 a.m. to 4:00 p.m. During School by adding Subsection (1) 2400 Baltimore Street", 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. 5214. 142679 - Morrissey/Welper that "an Ordinance amending the 2008 Traffic Code by adding Subsection (123) Vinton Street to Section 553, No Parking Here To Corner", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 142680 - Morrissey/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. 142681 - Morrissey/Welper that "an Ordinance amending the 2008 Traffic Code by adding Subsection (123) Vinton Street to Section 553, No Parking Here To Corner", 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. 5215. OTHER COUNCIL BUSINESS 142682 - Cole/Hart that Change Order No. 1 for a net increase of $26,229.86 for work performed by Ricklefs Excavating of Anamosa, Iowa in conjunction with the LaPorte Road Pumping Station and Force Main Project, Contract No. 847, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. John Sherbon, 1715 Robin Road, questioned what the increase for this project. Larry Smith, Waste Management Services Superintendent, explained that there is an additional base for the construction of a new lift station, to include approx. 1,880 LF of gravity main and approx. 2,960 LF of force main, one air release manhole, seven sanitary sewer manholes and additional cost for putting in asphalt. 142683 - Hart/Morrissey to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Stormwater Lift Stations (Hollywood, Cedar Bend, and Fletcher), Contract No. 836, be approved. Voice vote -Ayes: Seven. Motion carried. 142684 - Hart/Morrissey that plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Stormwater Lift Stations (Hollywood, Cedar Bend, and Fletcher), Contract No. 836, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. April 28, 2014 142685 - Hart/Morrissey Page 8 that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Stormwater Lift Stations (Hollywood, Cedar Bend, and Fletcher), Contract No. 836", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-310. 142686 - Hart/Morrissey that "Resolution setting date of bid opening as June 5, 2014 and date of public hearing as June 9, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Stormwater Lift Stations (Hollywood, Cedar Bend, and Fletcher), Contract No. 836", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-311. ORAL PRESENTATIONS Hilda Ostby, 1415 Washington Street Cedar Falls, Iowa, spoke in support of a former employee. Christie Lichty, 230 Earl Street Evansdale, Iowa, spoke in support of a former employee. Tom Peterson, 2328 Dusty Road, spoke in support of a former employee. Steve Ostby, 1415 Washington Street, Cedar Falls, Iowa, spoke in support of a former employee. Dorothy Dunn, 1017 Colby, spoke in support of a former employee. Bill Kammeyer, 526 Home Park Blvd., spoke in support of a former employee. Randy Herod, 111 Highland Blvd., spoke in support of a former employee. 142687 - Hart/Welper that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 142688 - Hart/Welper that the Council adjourn at 6:33 p.m. Voice vote -Ayes: Seven. Motion carried. zy Sc _res, CMC City Cl-rk/Human Resource Director