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HomeMy WebLinkAboutMinutes-06/09/2014June 9, 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, June 9, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Mayor Buck Clark. 142895 - Hart/Schmitt that the Agenda, as amended by adding 1.a 7 My Waterloo Days application for Noise Ordinance, for the Regular Session on Monday, June 9, 2014, at 5:30 p m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 142896 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, June 2, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 142897 - 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 June 9, 2014, in the amount of $1,796,143.13, 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. 2014-439. 2. Acceptance of Acknowledgment/Settlement Agreement in the amount of $1,500.00 civil penalty with New Star Mart, 1459 Ansborough Avenue, Waterloo, Iowa for sale of tobacco products or cigarettes to persons under 18 years of age, second violation. Resolution adopted and upon approval by Mayor assigned No. 2014-440. 3. Request of Cedar Valley Pride Fest Incorporated to hold 3rd Annual Cedar Valley Pride Fest event to be held along the 300 and 400 block of West 4th Street along with the 500 and 600 block of W. Washington Access from 6:00 a.m. Saturday, August 23, 2014 to 4:00 a.m. Sunday, August 24, 2014 including the closure of street from Jefferson Street northbound to Washington Street. Resolution adopted and upon approval by Mayor assigned No. 2014-441. 4. Request of Trent Hunter for an asphalt driveway to be located at 709 Milwaukee Avenue, together with recommendation of approval of City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2014-442. 5. Request of Cedar Valley Corp., LLC for a variance to the Noise Ordinance during construction season 2014, Kimball Avenue Reconstruction Project #STP -U-8155(731)-70-07, (Mid June - November) from 11:00 p.m. to 7:00 a.m., together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-443. 6. Request to cancel sidewalk, weed and snow removal assessments for African American Historical and Cultural Museum located 1320 E. 4th Street in the amount of $4,014.82, in lieu of an agreement to repay the City of Waterloo for the sidewalk assessment in the amount of $3,585.32 within a nine (9) month period; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation and execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2014-444. June 9, 2014 Page 2 b. Motion to approve the following: 1. 2. 3. 4. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Main Street 329 E. 4th St. Special Class C Transfer from Lincoln Park to 1000 Fletcher Ave. Existing 06/14/14 Main Street 329 E. 4th St. Special Class C Transfer from Lincoln Park to 707 Park Road (Boathouse) Existing 06/15/14 Winning Edge 341 Fletcher Ave. Outdoor Service Only Existing 06/14/14- 06/16/14 Pat's 307 W. 4th Street Class C Liquor New 05/23/15 Mr. Welper wanted explanation of 1.a.6. Hart stated consensus of Council. Chris Wendland drew up document to allow the organization nine months to pay for their assessment, in the amount of 3585.32 balances including the discharge of the weed, mowing, and snow removal, while holding them accountable for the sidewalk assessment. William Frost, 212 E. 4th St., member of the current museum board, was unaware of assessments. Since being notified, the members are seeking funds to pay the assessments. Mr. Hart asked what will be done to make sure the weed, mowing and snow removal will be done. Mr. Frost stated they were getting someone to take care of it. Mr. Welper expressed concern that the organization pays the full assessment. Mr. Schmitt stated this item was originally tabled and should've been a separate item and not on consent agenda. Mayor Clark stated we can approve the consent agenda except for 1.a.6. 142898 - Lind/Welper Request that item 1.a.6, request to cancel sidewalk, weed and snow removal assessments for African American History and Cultural Museum be removed from the consent agenda. Voice Vote: Seven. Motion carried. Roll call vote -Ayes: Seven. ITEM 1.a.6. 142899 - Schmitt/Hart Motion to approve the request to cancel sidewalk, weed and snow removal assessments for African American History and Cultural Museum located at 1320 E. 4th Street the full balance in the amount of $4,014.82 and grant nine (9) months for the organization to satisfy their debt to the city; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation and authorize Mayor to execute said document. Voice Vote -ayes: Seven. Motion carried. PUBLIC HEARINGS 142900 - Schmitt/Hart to cancel hearing in conjunction with the Sale and Conveyance of City owned property generally located at 1423 Hawthorne Avenue, due to lack of bids. Voice vote -Ayes: Seven. Motion carried. Scott Norris, 1412 Hawthorne Street, stated that he lives on the street. He urged to tear it down because it's an eyesore and it's dangerous. 142901 - Hart/Welper that proof of publication of notice of public hearing on F.Y. 2014 Stormwater Lift Stations (Hollywood, Cedar Bend, and Fletcher), Contract No. 836, as published in the Waterloo Courier on May 21, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. June 9, 2014 Page 3 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 142902 - Hart/Welper that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142903 - Hart/Welper that "Resolution confirming approval 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. 2014-445. 142904 - Hart/Welper that "Resolution ordering construction 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. 2014-446. 142905 - Hart/Welper to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Voice vote -Ayes: Seven. Motion carried. Bidder Bid Security Bid Amount Ricklefs Site 1-$1,948,867.00 Excavating, Ltd. 5% Site 2-$2,847,367.00 12536 Buffalo Rd. Site 3-$1,787,646.00 Anamosa, IA 52205 Total -$6,583,880.00 WRH, Inc. Site 1-$1,898,832.30 P.O. Box 256 5% Site 2-$3,444,080.25 Amana, IA 52203 Site 3-$1,856,128.75 Total -$7,199,041.30 142906 - Schmitt/Hart that proof of publication of notice of public hearing on Wireless Communication Services, as published in the Waterloo Courier on May 23, 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. 142907 - Schmitt/Hart that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142908 - Schmitt/Hart that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Wireless Communication Services", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-447. 142909 - Schmitt/Hart that "Resolution authorizing to proceed in conjunction with Wireless Communication Services", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-448. 142910 - Schmitt/Hart to receive, file and instruct City Clerk to read bids and refer to City Clerk for review. Voice vote -Ayes: Seven. Motion carried. June 9, 2014 Page 4 Bidder Bid Amount U.S. Cellular 4201 River Center Court Cedar Rapids, IA 52402 NE $1,999.00/month estimate Verizon Wireless 7600 Montpelier Rd.estimate Laurel, MD 20723 $2,499.33/month RESOLUTIONS 142911 - Hart/Welper that "Resolution approving F.Y. 2015 Claims Service Contract agreement for Third Party Administration with Alternative Service Concepts at a cost not to exceed $23,810.00, plus bill review, to provide administrative and claims services for self-funded work comp insurance", be adopted. Roll call vote -Ayes: Five. Nays: Schmitt, Lind. Resolution adopted and upon approval by Mayor assigned No. 2014-449. Mr. Schmitt noted that there is a local insurance company that would like to give us a quote on our insurance. Mayor Clark expressed that the City Clerk has met with the local company last year and they were not able to offer the level of coverage that we needed for our employees. 142912 - Hart/Welper that "Resolution approving renewal of stop loss health insurance for a premium of $915,245.00 with Wellmark Blue Cross Blue Shield, including administrative and claim services at a cost of $27.81 per employee per month and a disease management addendum", be adopted. Roll call vote -Ayes: Five. Nays: Schmitt, Lind. Resolution adopted and upon approval by Mayor assigned No. 2014-450. 142913 - Hart/Welper that "Resolution approving renewal of contract with Delta Dental of Iowa to administer the employee dental health benefit plan, including administrative and claims services, at a cost of $3.91 per employee per month for FY15", be adopted. Roll call vote -Ayes: Five. Nays: Schmitt, Lind. Resolution adopted and upon approval by Mayor assigned No. 2014-451. 142914 - Welper/Hart that "Resolution to approve request for temporary stop sign at the intersections of Wyoming and Schultz Streets", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-452. 142915 - Welper/Hart that "Resolution approving relocating a 100 watt HPS on a wood pole in the cul- de-sac of the 300 block of Four Seasons Drive", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-453. 142916 - Welper/Hart that "Resolution setting date of hearing as June 23, 2014 to approve request of Robson Homes, Inc. of Cedar Rapids, Iowa to rezone approximately 6.47 acres from "R-3" Multiple Residence District and Site Plan Amendment to the "R -3,R -P" Planned Multiple Residence District, for 148 new dwelling units located on 20.63 acres of land, generally located east of Mourning Dove Drive; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-454. June 9, 2014 Page 5 142917 - Hart/Morrissey that "Resolution setting date of hearing as June 23, 2014 to approve request by City of Waterloo to vacate the 20' platted alley, generally located adjacent to 316-318 W. 3rd Street, subject to the retention of a utility easement over, under and upon the entire area to be vacated; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-455. 142918 - Hart/Morrissey that "Resolution setting date of hearing as June 23, 2014 to approve request by Dennis Hagenow to vacate 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; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Mr. Lind questioned whether the owner can put up a fence if there are utility easements. Noel Anderson, Community Planning & Development Director, noted that he would talk to Engineering and Waste Management. Resolution adopted and upon approval by Mayor assigned No. 2014-456. 142919 - Hart/Morrissey that "Resolution approving Contracted Golf Course Rental contract with Waterloo Jaycees for Waterloo Open event set for July 16-20, 2014; and authorize Mayor and City Clerk to execute said contract", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-457. 142920 - Morrissey/Welper that "Resolution approving the Project Agreement with AECOM of Waterloo, Iowa, in the amount not to exceed $49,700.00 for design, bidding and inspection services in acquiring snow removal equipment for the Waterloo Regional Airport; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-458. 142921 - Morrissey/Welper that "Resolution setting the date of hearing as June 16, 2014 on the reallocation of unspent bond proceeds in an amount not to exceed $75,000.00 for a general corporate purpose, which bonds will be used to provide funds to pay costs of repaving the parking lot at the Public Library; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-459. ORDINANCES 142922 - Morrissey/Hart 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 rezone request from Rooff Development of Waterloo, Iowa to rezone approximately 0.413 acres from "C-2" Commercial to "C-3" Commercial District to allow for the construction of eight (8) "Brownstone" Style condominiums at the corner of East 3rd Street and Lafayette Street", be received, placed on file, considered and passed for the third time and adopted. Roll call vote -Ayes: Five. Nays: Schmitt, Lind. Mr. Schmitt noted that it's a great project, but he's not approving the location. Ordinance adopted and upon approval by Mayor assigned No. 5224. June 9, 2014 OTHER COUNCIL BUSINESS 142923 - Schmitt/Welper Page 6 that motion approving Change Order No. 1 for a net increase of $45,511.95 for work performed by Cedar Valley Corp., LLC of Waterloo, Iowa, in conjunction with the F.Y. 2014 Kimball Avenue Transportation Improvements STP -U-8155(731)-70-07, Contract No. 843, be received, placed on file and approved. Roll call vote - Ayes: Seven. Motion carried. Rob Holland, Ament Design, consulting engineers on the project, expressed an oversight in one of the project designs that was a requirement by Iowa Department of Transportation. 142924 - Hart/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Treatment Plant Levee Tree Removal, Contract No. 868, be approved. Voice vote -Ayes: Seven. Motion carried. 142925 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Treatment Plant Levee Tree Removal, Contract No. 868, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142926 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Treatment Plant Levee Tree Removal, Contract No. 868", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-460. 142927 - Hart/Welper that "Resolution setting date of bid opening as June 19, 2014 and date of public hearing as June 23, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Treatment Plant Levee Tree Removal, Contract No. 868", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-461. 142928 - Hart/Welper to instruct Airport Director to prepare plans, specifications, bid document, etc. in conjunction with replacement of Bi -Fold Door on Hangar #2 at Waterloo Regional Airport, be approved. Voice vote -Ayes: Seven. Motion carried. 142929 - Hart/Welper that plans, specifications, bid document, etc. in conjunction with replacement of Bi -Fold Door on Hangar #2 at Waterloo Regional Airport, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142930 - Hart/Welper that "Resolution preliminarily approving plans, specifications, bid document, etc. in conjunction with replacement of Bi -Fold Door on Hangar #2 at Waterloo Regional Airport", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-462. 142931 - Hart/Welper that "Resolution setting date of bid opening as July 3, 2014 and public hearing as July 7, 2014; and instruct City Clerk to publish notice of plans, specifications, bid document, etc. in conjunction with replacement of Bi -Fold Door on Hangar #2 at Waterloo Regional Airport", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-463. June 9, 2014 Page 7 142932 - Hart/Welper to instruct Airport Director to prepare plans, specifications, bid document, etc. in conjunction with Metal Roofing Restoration on the Snow Removal Equipment Building at Waterloo Regional Airport, be approved. Voice vote -Ayes: Seven. Motion carried. 142933 - Hart/Welper that plans, specifications, bid document, etc. in conjunction with Metal Roofing Restoration on the Snow Removal Equipment Building at Waterloo Regional Airport, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142934 - Hart/Welper that "Resolution preliminarily approving plans, specifications, bid document, etc. in conjunction with Metal Roofing Restoration on the Snow Removal Equipment Building at Waterloo Regional Airport", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-464. 142935 - Hart/Welper that "Resolution setting date of bid opening as July 3, 2014 and public hearing as July 7, 2014; and instruct City Clerk to publish notice of plans, specifications, bid document, etc. in conjunction with Metal Roofing Restoration on the Snow Removal Equipment Building at Waterloo Regional Airport", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-465. ORAL PRESENTATIONS 142936 - Hart/Welper Jack Black, 227 Downing Avenue, stated that he wanted to thank Dan and Jim and the entire cast for the Brown Derby. Bill Kammeyer, 526 Home Park Boulevard, expressed his concern regarding general rules for public participation the time for speaking at meetings and wanted his councilmembers support. Mayor Clark noted that at the Thursday morning agenda meeting they would talk about the 3 minute rule. Forest Dillavou, 1425 Huntington Road, expressed his concerns regarding councilmember support within the community. that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 142937 - Hart/Welper that the Council adjourn at 6:20 p.m. Voice vote -Ayes: Seven. Motion carried. Carol Nemmers Deputy City Clerk