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HomeMy WebLinkAboutMinutes-03/17/2014March 17, 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, March 17, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Jones, Schmitt, Lind, Morrissey, Welper, Hart. Absent: Cole. Moment of Silence. Pledge of Allegiance: Quentin Hart, Ward 4 Council Member. 142436 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, March 17, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Absent: Cole. Motion carried. 142437 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, March 10, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Absent: Cole. Motion carried. CONSENT AGENDA 142438 - 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 March 17, 2014, in the amount of $641,225.07, 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. 2014-182. 2. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00 with Metro Mart #4, 2332 Falls Avenue, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. The owner is allowed a one-time use of the class training program offered by Alcoholic Beverages Division, in lieu of payment of the $300.00 penalty that can be taken once in a four year period. Resolution adopted and upon approval by Mayor assigned No. 2014-183. 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 Mark Boesen, Manager of Rehabilitation IAHO Spring Conference Waterloo, IA 04/02/14- 04/04/14 $900.00 Services, Matt Certification & Chesmore & Jon Martin, Recertification Rehabilitation Specialists Craig Denner, Aquatic CEU Cedar 05/05/14- $270.00 Facilities Specialist, Workshop Rapids, IA 05/05/14 Katy Moeller, Aquatic & Member Services Specialist Mike Wilson, Airport Iowa Aviation West Des 04/22/14- $259.00 Director Conference Moines, IA 04/23/14 Dr. Harold Trulear, Building Waterloo, 04/10/14- $200.00 Director of the Healthy IA 04/12/14 Healing Communities Communities Prison Ministry & Symposium Prisoner Reentry Project of the Philadelphia Leadership Foundation March 17, 2014 5. 6. 7. Page 2 Dr. Monica A. Coleman, Building Waterloo, 04/10/14- $200.00 Associate Professor of Healthy IA 04/12/14 02/28/15 Constructive Theology Communities Class C Liquor Renewal 12/31/14 & African American Symposium Special Class C (BW) & Outdoor Sales Renewal 12/14/14 Religions El Senor Tequila Nightclub 118-120 E. llth St. Class C Liquor & Outdoor Sales Renewal 02/18/15 Hy -Vee Catering Building Waterloo, 04/11/14- $2,700.00 X Healthy IA 04/12/14 Communities Symposium Inv. Monroe & (1) Marijuana Ankeny, IA 03/31/14- $1,150.00 Unknown Officer Testing School 04/03/14 8. Recommendation of appointment of Thomas Klenske to the position of Preparator/Technician at the Waterloo Center for the Arts from the current Civil Service list effective March 18, 2014. 9. 10. 11. 12. 13. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Sam's Club #6514 210 E Tower Park Dr. Class E Liquor, Class B Wine, Class C Beer Renewal 02/28/15 X Curt's 32 Lafayette St. Class C Liquor Renewal 12/31/14 X Grout Museum 503 South St. Special Class C (BW) & Outdoor Sales Renewal 12/14/14 X El Senor Tequila Nightclub 118-120 E. llth St. Class C Liquor & Outdoor Sales Renewal 02/18/15 X Cedar Valley Golf Center 1850 W. Ridgeway Ave. Special Class C (BW) & Outdoor Service New 03/01/14- 11/01/14 X Cigarette Permit Application 14. Zabiha Market, LLC dba Zabiha Market, 2112 Kimball Avenue Roll call vote -Ayes: Six. Absent: Cole. PUBLIC HEARINGS 142439 - Schmitt/Hart that proof of publication of notice of public hearing on F.Y. 2014 Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements, Contract No. 842, as published in the Waterloo Courier on March 3, 2014, be received and placed on file. Voice vote -Ayes: Six. Absent: Cole. Motion carried. 142440 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Hart that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Six. Absent: Cole. Motion carried. 142441 - Schmitt/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements, Contract No. 842", be adopted. Roll call vote -Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2014-184. 142442 —Schmitt/Hart that "Resolution ordering construction in conjunction with F.Y. 2014 Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements, Contract No. 842", be adopted. Roll call vote -Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2014-185. March 17, 2014 142443 - Schmitt/Hart Page 3 to receive and file and instruct City Clerk to open and read bids and refer to City Engineer for review: Voice vote -Ayes: Six. Absent: Cole. Motion carried. Bidder Bid Security Bid Amount Calacci Construction Co., Inc. P.O. Box 1906 Iowa city, IA 52244-1906 5% $3,872,000.00 Carl A. Nelson & Company 1815 Des Moines Ave. Burlington, IA 52601 5% $5,031,850.00 Larson Construction Co., Inc. P.O. Box 112 600 17th Street S.E. Independence, IA 50644 5° $3,570,000.00 Rice Lake Construction P.O. Box 517 22360 County Road 12 Deerwood, MN 56444 5° $4,893,500.00 WRH, Inc. Wendler Construction, Inc. P.O. Box 256 Amana, IA 52334 50 $4,290,000.00 RESOLUTIONS 142444 - Hart/Welper that "Resolution approving Construction Plans and Sanitary Sewer Serving Ridgeway Development Sanitary Sewer Extension, as submitted by Wayne Claassen Engineering of Waterloo, Iowa; and Sewage Treatment Agreement DNR Form 29 (Nov 00) with the Department of Natural Resources and the final acceptance of construction plans subject to the review and acceptance by the DNR", be adopted. Roll call vote -Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2014-186. 142445 - Hart/Welper that "Resolution approving recommendation of award of contract to Municipal Pipe Tool, Inc. of Hudson, Iowa, in the amount of $641,171.36; and approving the Contract, Bonds and Certificate of Insurance, in conjunction with the Phase I CIP Pipe Lining - Services Areas No. 15 and No. 16, Contract No. 866; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2014-187. ORDINANCES 142446 - Welper/Hart that "an Ordinance amending the City Code of Ordinance, Title 6 Motor Vehicles and Traffic, Chapter 1 Traffic Code, by adding Section 6-1-4 City Infractions Ticket", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Absent: Cole. 142447 - Welper/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Three. Nays: Three (Jones, Schmitt, Lind). Absent: Cole. Motion failed. March 17, 2014 Page 5 142455 - Schmitt/Welper that approving Change Order/Extra Work Order No. 1 for a net increase in the amount not to exceed $35,975.00 for additional asbestos abatement services in conjunction with F.Y. 2013 Asbestos Abatement Contract with Active Thermal for 300 W. 3rd Street; and authorize Mayor to execute said document, be received, placed on file and approved. Voice vote -Ayes: Six. Absent: Cole. Motion carried. Chris Western, City Planner II, noted the survey did not require a core sample of a layer of the roof. There were not any core samples of the tar paper and it was not shown in the report. Mr. Welper questioned whether other bidders included this work in their bid. Mr. Western stated that he didn't know if other companies were proposing to do core samples. Mr. Hart noted that the project was $43,000 and now an increase of $35,000 which is a large amount. He stated he would reluctantly approve it. Mayor Clark noted that they have had instances recently where a surveyor does go out and do a survey of asbestos. He felt it got missed, unfortunately. He noted that they need to do some serious changes to bidding. Schmitt questioned whether surveyors have liability insurance. Mr. Western noted that they do have liability insurance. All asbestos survey companies say that there is a chance that some things can be missed. A core sample would have found these layers of asbestos. The reason the cost is so high is because that layer of tar paper is hard to remove. They will usually take the entire roof off including sky lights. Mr. Lind questioned if the City has sent staff out to see if it's a reasonable amount. Mr. Western noted that they have, and that it's a reasonable amount. Mr. Morrissey questioned whether the Council has to approve it. Mr. Western noted that they would have to convince the contractor and bonding company that those layers should've been removed with the original contract. Mr. Hart noted that they need to make sure the survey meets the industry standards. Mr. Morrissey asked how many bids there were. Mr. Western stated that there were 3 or 4. No one bid any core samples after the survey was completed. 142456 - Hart/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 W. Airline Highway Rehabilitation, Contract No. 827, be approved. Voice vote -Ayes: Six. Absent: Cole. Motion carried. 142457 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 W. Airline Highway Rehabilitation, Contract No. 827, be received and placed on file. Voice vote -Ayes: Six. Absent: Cole. Motion carried. 142458 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 W. Airline Highway Rehabilitation, Contract No. 827", be adopted. Roll call vote -Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2014-188. 142458A - Hart/Welper Resolution setting date of hearing and bid opening as April 7, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Resolution adopted and upon approval by Mayor assigned No. 2014-188A. March 17, 2014 ORAL PRESENTATIONS 142459 - Hart/Welper Page 6 Jim Chapman, 224 Bertch, handed out a list of questions pertaining to the SportsPlex and wanted to know the operating costs of the Sportsplex. Mayor Clark noted that he will get his questions answered and forwarded to him. Jack Black, 227 Downing Avenue, stated the parking is bad at the SportsPlex and Young Arena. Forrest Dillavou, 1425 Huntington Road, stated that he has a problem with change orders, and wants to know why there is a change order for the Council Chambers remodel. Craig Clark, Building Official, noted that there were quite a few different things in the change order. One was for a new council desk. The original proposal did not have a new desk included in it. Also, the raised platform that the Council sits on was constructed of regular lumber, and now they need to use fire treated lumber for the platform. Mayor Clark noted that no desk was in the proposal which was just missed. The platform was rotted and the wiring under the platform was bad so it all had to be replaced. David Dryer, 3145 West 4th Street, noted that when he was in Germany, they threw out the low bid and the high bid and kept the middle bid because they figured they did a better job. Mr. Chapman questioned if there was a change order on the Grand Hotel. Mr. Jones stated that there was. John Sherbon, 1715 Robin Road, I would be easier for the citizens if they knew how much they were going to get back from the big million dollar projects. that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Absent: Cole. Motion carried. ADJOURNMENT 142460 - Hart/Welper that the Council adjourn at 6:10 p.m. Voice vote -Ayes: Six. Absent: Cole. Motion carried. Carol N ers Deputy 'ty Clerk