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HomeMy WebLinkAboutMinutes-08/18/2014August 18, 2014 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, August 18, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Matt O'Brien, Director of Technology. 143332 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, August 18, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 143333 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, August 11, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 143334 - 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 August 18, 2014, in the amount of $1,026,589.87, 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. 2014-698. 2. Request to cancel assessment for 1459 W. 2nd Street in the amount of $158.77; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2014-699. 3. Request of Joyce Ankrum on behalf of Highland Neighborhood Association for a variance to the Noise Ordinance on September 6, 2014 from 5:30 p.m. to 9:30 p.m. in conjunction with Highland Neighborhood Street Dance event to be held at Highland Square Park 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. 2014-700. 4. Request of Mike Yates for a concrete driveway to be located at 1117 Dundee Avenue, together with recommendation of approval of City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2014-701. 5. Request of Kyle Osgood for tax exemptions for the construction of a new twin home (condo) valued at $144,900.00 located at 4134 Mourning Dove Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-702. b. Motion to approve the following: 1. Travel Requests Name & Title of Amount not Personnel Class/Meeting Destination Date(s) to exceed Lieutenant Luck 32nd Annual W. Des 09/09/14- $646.24 Fire Moines, IA 09/12/14 Investigation Seminar August 18, 2014 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Page 2 Marty Freshwater, Battalion Chief & Darryl Hartema, Mechanic Pickup up Engine 306 from body shop Weyauwega & Appleton, WI 08/19/14 $300.00 David Jones IA League of Des Moines, 04/25/14- $312.35 Sunday Cities IA 04/26/14 08/21/14- X Municipal Outdoor License 08/25/14 Leadership Service Academy Special Class 5 Day 08/21/14- X Workshops C (BW) & License 08/26/14 Michelle Weidner, IA League of Council 09/24/14- $805.00 Chief Financial Cities Annual Bluffs, IA 09/26/14 Officer & Suzy Conference Special Class 5 Day 08/21/14- Schares, City 2181 Logan Ave. C (BW) & License 08/26/14 Clerk Outdoor Cheryl NPELRA Storm Lake, 09/09/14- $1,173.00 Huddleston, Human Investigations IA 09/12/14 06/23/15 Resource Manager Academy & & Suzy Schares, City Clerk/HR IAPELRA Annual Meeting & Director Conference Class C Liquor Renewal 06/30/15 Officer Saunders International Denver, CO 09/13/14- $573.00 Outlaw Class C Beer 09/19/14 05/21/15 X Motorcycle Gang Investigators Class C Liquor New 04/30/15 Conference Approved Beer, Liquor, and Wine Applications New or Expiration Includes Name & Address of Business Class Renewal Date Sunday Thunder in the Valley II Class C Liquor 5 Day 08/21/14- X Air Show Outdoor License 08/25/14 Waterloo Regional Airport Service Cedar Valley Pridefest Special Class 5 Day 08/21/14- X 300 & 400 Blocks of 4th C (BW) & License 08/26/14 Street and 500 & 600 Outdoor Blocks of Washington St. Service Hy -Vee Fundraiser Special Class 5 Day 08/21/14- X 2181 Logan Ave. C (BW) & License 08/26/14 Outdoor Service Applebee's Neighborhood Class C Liquor Renewal 06/23/15 X Grill & Bar 2780 Crossroads Blvd. Club 700 Class C Liquor Renewal 06/30/15 X 1955 Locke Ave. El Mercadito Class C Beer Renewal 05/21/15 X 520 LaPorte Rd. Jessies Bar & Grill Class C Liquor New 04/30/15 1905 Commercial St. Metro 66 #1 Class C Beer Renewal 06/30/15 X 3201 W. 4th St. Park Road Inn Class C Liquor Renewal 06/30/15 X 300 Park Rd. & Outdoor Service Cigarette/Tobacco Permit Renewal Applications 16. New Star #3, 1459 Ansborough Ave. Roll call vote -Ayes: Seven. Mr. Jones abstained from item 1.b.3. Motion carried. PUBLIC HEARINGS 143335 - Schmitt/Hart that proof of publication of notice of public hearing on proposal for Demolition and Site Clearance Services for 801-805 Commercial Street, as published in the Waterloo Courier on August 6, 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. August 18, 2014 Page 3 143336 - Schmitt/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 143337 - Schmitt/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-703. 143338 - Schmitt/Hart that "Resolution ordering construction in conjunction with proposal for Demolition and Site Clearance Services for 801-805 Commercial Street", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-704. 143339 - Schmitt/Hart to receive, file and instruct City Clerk to read bids and refer to Community Planning & Development Director for review. Voice vote -Ayes: Seven. Motion carried. Bidder Bid Security Bid Amount Benton's Sand & Gravel, Inc. 905 Center St. Cedar Falls, IA 50613 5% $33,800.00 Kelly Demolition & Excavating, LLC P.O. Box 209 1100 W. Mount Vernon Rd. Mount Vernon, IA 52314 5% $69,801.00 Lehman Trucking & Excavating, Inc. 1422 Ashland Ave. Waterloo, IA 50703-5611 5% $78,995.00 Peterson Contractors, Inc. Box A Reinbeck, IA 50669-0155 5% $82,300.00 143340 - Schmitt/Hart that "Resolution approving Award of Contract to Benton's Sand & Gravel, Inc. of Cedar Falls, Iowa, in the amount not to exceed $33,800.00; and approving the Contract, Bonds and Certificate of Insurance in conjunction with Demolition and Site Clearing Services with no RACM of 801-805 Commercial Street", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-705. 143341 - Hart/Welper that proof of publication of notice of public hearing on the status of funds for the Community Development Block Grant (CDBG) Commercial Pump Station Project JS/CDBG Contract #: 08 -DRI -078 (Amended End date: November 30th, 2014, as published in the Waterloo Courier on August 6, 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. Brian Schoon, INRCOG, explained the status of the project as follows: This project includes the construction of five (5) Commercial Pump Stations/Sites at Virden Creek; Vinton Street; Westfield Avenue; Blowers Creek; and Dry Run Creek. The project came about as a result of the 2008 Flooding and is intended to provide mitigation for primarily the Central Business District of the City. The need for the project was identified by City, in various engineering and planning documents, as well as the City's Capital Improvements Plan. August 18, 2014 Page 4 The City applied for funding from the US Department of Commerce, Economic Development Administration and Jumpstart Disaster funds from the Community Development Block Grant program as administered by the Iowa Economic Development Authority. In total, the City was awarded $7,009,315 from EDA and $3,851,935 in CDBG funding from IEDA. The economic impact of this project is significant, insomuch as it protects the Central Business District of the City of Waterloo from flooding at times when the levee system is in operation. There are two distinct phases in this project. Phase complete, and it includes the Virden Creek, Vinton Street; sites. The prime or general contractor for Phase 1 is Phase 2, which includes Blowers Creek and Dry Run Creek under construction. Construction. 1 is substantially and Westfield Avenue Story Construction. sites, is currently The prime or general contractor for Phase 2 is Larson The following was also presented to Council: A Summary of the Expenditures to Date (the Last Draw is in Parenthesis): A Brief Description of the Remaining Work: o Closing Phase 1 of the project o Constructing and completing Phase 2 of the project o Overall project closeout A General Description of the Changes Made to the Project Budget, Performance Targets, Activity Schedules, Project Scope, Location, Objectives, or Beneficiaries: o Project Budget: No changes. See above. o Performance Targets: On target with all updated performance measures. o Activity Schedules: We have requested a time extension of the current EDA contract, and will do likewise with the CDBG contract in order to allow us to complete the project. The projected end -date of the entire project (both Phases) is November 2015. o Project Scope: Construct five (5) large stormwater pumping stations to protect the Central Business District from floodwaters at times the levee system is operational. o Location: Within the City of Waterloo, at the following locations: Virden Creek; Vinton Street; Westfield Avenue; Blowers Creek; and Dry Run Creek. o Objectives/Beneficiaries: Has not changed. Urgent Need. This project will benefit the entire community. No one has been displaced by this project, nor is it anticipated that the City would have to consider doing so. 143342 - Hart/Morrissey that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ORDINANCES 143343 - Cole/Hart Motion to table an Ordinance vacating the west 40' of David Street, located south of W. Parker Street, subject to the retention of a utility easement over, under and upon the entire area to be vacated for 30 days - September 22, 2014. Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 143344 - Morrissey/Hart that "Resolution Waterloo, Iowa, approving Professional in the amount not to amount of $500.00 submittal reviews for design and Services Agreement with exceed $32,000.00 with a work,. contract documents, bidding Invision of reimbursable assistance, on-site meetings with construction personnel in conjunction with the Waterloo Center for the Arts Restroom Renovation/Expansion Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-706. Total EDA (5) CDBG (3) Local Funds Budget Maximum $10,861,250.00 $7,009,315.00 $3,851,935.00 $0.00 Expended to Date $3,346,761.51 $2,834,944.51 $511,815.96 $0.00 Remaining $7,514,489.53 $4,174,370.49 $3,340,119.04 $0.00 A Brief Description of the Remaining Work: o Closing Phase 1 of the project o Constructing and completing Phase 2 of the project o Overall project closeout A General Description of the Changes Made to the Project Budget, Performance Targets, Activity Schedules, Project Scope, Location, Objectives, or Beneficiaries: o Project Budget: No changes. See above. o Performance Targets: On target with all updated performance measures. o Activity Schedules: We have requested a time extension of the current EDA contract, and will do likewise with the CDBG contract in order to allow us to complete the project. The projected end -date of the entire project (both Phases) is November 2015. o Project Scope: Construct five (5) large stormwater pumping stations to protect the Central Business District from floodwaters at times the levee system is operational. o Location: Within the City of Waterloo, at the following locations: Virden Creek; Vinton Street; Westfield Avenue; Blowers Creek; and Dry Run Creek. o Objectives/Beneficiaries: Has not changed. Urgent Need. This project will benefit the entire community. No one has been displaced by this project, nor is it anticipated that the City would have to consider doing so. 143342 - Hart/Morrissey that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ORDINANCES 143343 - Cole/Hart Motion to table an Ordinance vacating the west 40' of David Street, located south of W. Parker Street, subject to the retention of a utility easement over, under and upon the entire area to be vacated for 30 days - September 22, 2014. Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 143344 - Morrissey/Hart that "Resolution Waterloo, Iowa, approving Professional in the amount not to amount of $500.00 submittal reviews for design and Services Agreement with exceed $32,000.00 with a work,. contract documents, bidding Invision of reimbursable assistance, on-site meetings with construction personnel in conjunction with the Waterloo Center for the Arts Restroom Renovation/Expansion Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-706. August 18, 2014 Page 5 143345 - Morrissey/Hart that "Resolution approving award of bid to Dicks Petroleum, Inc. of Tripoli, Iowa in the amount of $35,993.03 for Central Garage Oil Distribution Piping Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-707. 143346 - Morrissey/Hart that "Resolution approving submission of Traffic Safety Grant Application in the amount of $300,000.00 to Iowa Department of Transportation to be used for Traffic Safety at the intersections of Osage and Dubuque Roads; 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. 2014-708. 143347 - Morrissey/Hart that "Resolution authorizing Traffic Operations Department to conduct a study for the possible removal of traffic (school) signals at Falls Avenue and Magnolia Parkway", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-709. 143348 - Cole/Schmitt that "Resolution approving Professional Service Agreement with AECOM of Waterloo, Iowa, in the amount of $37,500.00 for engineering services for the review of Five Sanitary Sewer Pumping Stations (Hackett Road, Highway 63 South, Douglas Street, Titus, and Tower Park); and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Bob Bamsey, AECOM, explained that these projects all relate to the EPA issues the City currently has. Resolution adopted and upon approval by Mayor assigned No. 2014-710. 143349 - Cole/Schmitt that "Resolution approving Professional Service Agreement with AECOM Technical Services of Waterloo, Iowa, in the amount of $225,000.00 for engineering services for construction related services for the Dry Run Creek Interceptor Sewer and Pumping Station (Kimball to Texas Street Pump Station) Project; and authorize Mayor to execute said document", be adopted. Roll call vote- Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-711. 143350 - Cole/Schmitt that "Resolution approving Professional Service Agreement with AECOM Technical Services of Waterloo, Iowa, in the amount of $85,000.00 for engineering services for construction related services for the Flow Equalization Facilities Overflow Connection to Satellite WPCF Project; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-712. 143351 - Welper/Morrissey that "Resolution setting date of hearing as September 2, 2014 for the sale and conveyance of city -owned property located at 1019 Lafayette Street to Yoahna Valencia and Sergio Rangel with a purchase price of $95,100.00 through the Neighborhood Stabilization Program; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-713. 143352 - Welper/Morrissey that "Resolution setting date of hearing as September 2, 2014 for the sale and conveyance of city -owned property located at 919 Lafayette Street to Gregory A. Sykes and Jessica Hoffman with a purchase price of $121,000.00 through the Neighborhood Stabilization Program; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-714. August 18, 2014 Page 6 143353 - Welper/Morrissey that "Resolution approving the Contract, Bonds, and Certificate of Insurance to Pella Roofing of Vinton, Iowa in the amount of $27,950.00 in conjunction with the Metal Roofing Restoration - Snow Removal Equipment Building Project at Waterloo Regional Airport; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-715. 143354 - Schmitt/Cole that "Resolution approving the Contract, Bonds, and Certificate of Insurance to Modern Builders, Inc. of Janesville, Iowa in the amount of $66,350.00 in conjunction with the Replace Bi -fold Door, Hangar #2 Project at Waterloo Regional Airport; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-716. 143355 - Schmitt/Cole that "Resolution approving award of bid to M -B Companies, Inc. of Chilton, WI in the amount of $545,892.00 for the Purchase of Carrier Vehicle with Rotary Plow for Waterloo Regional Airport", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-717. 143356 - Schmitt/Cole that "Resolution approving Federal Aviation Administration (FAA) Grant in the amount of $872,643.00 for the Acquisition of Snow Removal Equipment Project for the Waterloo Regional Airport; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-718. 143357 - Hart/Morrissey that "Resolution approving Right -of -Way Agreement with the Iowa Department of Transportation No. NHSX-063-6(70)-3H-07 for the Reconstruction of U.S. 63 in Waterloo from Jefferson Street to Franklin Street; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Mr. Schmitt questioned if the traffic will continue to be able to flow while the project is going. Eric Thorson, City Engineer, explained that for now it appears that traffic will continue to flow but there may be a detour for highway traffic. Resolution adopted and upon approval by Mayor assigned No. 2014-719. 143358 - Hart/Morrissey that "Resolution approving Construction Plans for 2014 E. San Marnan Drive Eastbound Left -Turn Lane at Sovia Drive Project, as submitted by Ament Design of Waterloo, Iowa", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-720. 143359 - Hart/Morrissey that "Resolution approving Professional Service Agreement with Impact Seven G (7G) of Johnston, Iowa, in the amount of $10,000.00 for environmental planning, due diligence, and site redevelopment technical assistance for former industrial property known as Project Area 3 within the Waterloo Reinvestment District #1, generally located just west of Manatt's Concrete, for future redevelopment of the site; and authorize the Mayor to execute said documents", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-721. 4 August 18, 2014 Page 7 143360 - Morrissey/Welper that "Resolution setting date of hearing as September 2, 2014 to approve Development Agreement with the Waterloo Community School District and to authorize the sale and conveyance of city -owned property for $1.00 located at 1601 and 1624 Black Hawk Street, for the construction of a new bus barn and maintenance facility; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Mr. Schmitt questioned if there will be a land swap. Noel Anderson, Community Planning and Development Director, explained that the Waterloo Community Schools will demolish the Orange School building and turn it over to the City. Resolution adopted and upon approval by Mayor assigned No. 2014-722. 143361 - Morrissey/Welper that "Resolution setting date of hearing as September 2, 2014 to vacate approximately 300' x 20' portion of public alley located within block 18 of Hayes Addition, generally located between W. 14th Street and W. 15th Street, north of Black Hawk Street; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-723. 143362 - Morrissey/Welper that "Resolution setting date of hearing as September 2, 2014 to appeal the City Code requirement prohibiting vehicles from parking on the city -owned right-of- way, located along 15th street between Black Hawk Street and the Cedar River; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-724. 143363 - Hart/Lind that "Resolution approving award of hotel/motel discretionary funding to Leisure Services - Cedar Valley SportsPlex of Waterloo, Iowa for the Comprehensive Marketing Campaign in the amount of $10,000.00", be adopted. Roll call vote - Ayes: Seven. Mr. Jones clarified that it is a hotel/motel grant and will be used for marketing. Mr. Schmitt questioned if this was the original plan in the budget for marketing. Paul Huting, Leisure Services Director, explained that there are some funds budgeted but this will allow a comprehensive marketing program. Resolution adopted and upon approval by Mayor assigned No. 2014-725. 143364 - Hart/Lind that "Resolution approving Grant Award with Iowa Arts Council/Iowa Department of Cultural Affairs in the amount of $15,000.00 to be used to support FY2015 general operating expenses", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-726. OTHER COUNCIL BUSINESS 143365 - Hart/Cole that motion approving Change Order No. 3 for an increase of $68,287.50 for work performed by J & K Contracting Inc. of Ames, Iowa for the No Name Creek Interceptor Sewer, Contract No. 849, due to additional locations requiring silt fence identified during SWPPP inspections; and authorize Mayor and City Clerk to execute said document, be received, placed on file and approved. Voice vote - Ayes: Seven. Motion carried. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, expressed concern with using hotel/motel funds for the Sportsplex marketing. August 18, 2014 Page 8 Marcella Groover, 203 Miriam Drive, spoke in opposition to the Cedar Valley Pridefest. Cheryl Christianson, 1702 E. Mitchell Ave., questioned the issues in the sewer on Hackett Road and expressed concern with the noise of the trucks at night during flood events. She spoke in opposition to using hotel/motel tax for the SportsPlex marketing. Jack Black, 227 Downing, asked that no change orders be allowed for tearing down the properties on Commercial Street. Forest Dillavou, 1725 Huntington Road, expressed concern with the development agreement with Waterloo Schools. David Dryer, 3145 W. 4th Street, expressed concern with change orders. Mr. Morrissey announced that the Cedar Valley Bicycle Association thanked the City of Waterloo for the cooperation in making the bridge to bridge ride successful. Mr. Hart gave a shout out to all the kids starting school tomorrow. Mr. Schmitt asked for an overview of the Edison School Building site. Noel Anderson, Community Planning and Development, explained that the City is working with the Waterloo Schools to benefit both parties. Mayor Clark reminded everyone that the Air Show is this weekend. 143366 - Hart/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 143367 - Hart/Schmitt that the Council adjourn at 6:07 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy Sch.res, CMC City Clerk/Human Resource Director