HomeMy WebLinkAboutMinutes-09/22/2014September 22, 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, September 22, 2014. Mayor
Pro -Tem Quentin Hart in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, and
Welper.
Moment of Silence.
Pledge of Allegiance: David Jones, Ward 1 Council Member.
143541 - Welper/Schmitt
that the Agenda, as amended, by amending item No. 2 to include rescind of
original resolution and by adding consent agenda item No. 8 due to the date of
the variance, for the Regular Session on Monday, September 22, 2014, at 5:30
p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
143542 - Welper/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, September 15,
2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
Mayor Pro -Tem Hart read a Proclamation declaring September 22-28, 2014 as "USS
Enterprise Week".
Mayor Pro -Tem Hart read a Proclamation declaring October 5-11, 2014 as "Earth
Science Week".
CONSENT AGENDA
143543 - Welper/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
September 22, 2014, in the amount of $3,682,442.64, 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 Pro -Tem assigned No. 2014-
828.
2. Request of Grout Museum District with the support of the Waterloo
Convention & Visitors Bureau, and Trekman Racing for the Sullivan Veterans
Memorial 5K and 10K run on Saturday, November 8, 2014 starting at 9:00
a.m., for the use of City barricades and police officers for traffic
control as needed, together with recommendation of approval of Director of
Safety Services.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-
829.
3. Request of Gary D. Matthias for an asphalt driveway to be located at 2161
Rainbow Drive together with recommendation of approval of City Engineer.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-
830.
4. Request of Waterloo Water Works contractor, Summer's Enterprise, Inc, for
a variance to the Noise Ordinance from September 29, 2014 until completion
of project or December 7, 2014 to perform work during extended hours for
the Ansborough Avenue/Hwy 20 Water Main Repair.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-
831.
5. Request of Amela Kudic for tax exemptions for the construction of a new
single family dwelling valued at $181,000.00 located at 713 Lynkaylee
Drive and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-
832.
September 22, 2014 Page 2
6. Request of Joshua Meyer for tax exemptions for the construction of a new
single family dwelling valued at $180,000.00 located at 5846 Summerland
Drive and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-
833.
7. Request of Michael & Sarah Fisher for tax exemptions for the construction
of a new single family dwelling valued at $285,000.00 located at 1889 Red
Tail Drive and located in the City Limits Urban Revitalization Area
(CLURA).
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-
834.
8. Request of Deacon Michael Edward Lien for a variance to the Noise
Ordinance on Sunday September 28, 2014 from 10:00 a.m. - 2:00 p.m. for a
church event/service to be held at the small park across from Newton's
Paradise Cafe on the corner of 4th and Sycamore Streets including use of
PA system, speakers and microphones, together with recommendation of
approval of Director of Safety Services.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-
835.
b. Motion to approve the following:
1.
2.
3.
4.
5.
6.
7.
8.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to exceed
Officer Lyons
Advanced
Criminal Patrol
Cedar Rapids,
IA
11/07/14
$144.00
Fraternal Order of
Eagle, Waterloo
Aerie #764
202 E. 1st St.
Tactics
Renewal
06/30/15
X
Kent Shankle,
Iowa Museum
Cedar Rapids,
10/13/14-
$845.00
Chawne Paige,
Angi Reid, Laura
Assoc. Annual
Conference
IA
10/14/14
X
Stammler,
Elizabeth
Andrews, & Ben
Rendall
Sergeant Devine,
Int'l Assoc.
Marshalltown,
11/05/14-
$470.00
Inv. Morley,
Shawn Monroe, &
for
Identification
IA
11/07/14
Eryn Hageman
2014 Annual
Conference
Mark Boesen,
IAHO Fall
Waterloo, IA
10/01/14-
$900.00
Manager of
Conference
10/03/14
Rehabilitation
Srv., Jon
Martin,
Certification &
recertification
courses
Relocation/Rehab
Specialist, &
Matt Chesmore,
Relocation/Rehab
Specialist
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Rudy's Taco - Beer
Hall - Lava Lounge
2401 Falls Ave.
Class C
Liquor, High
Proof Brew Pub
Renewal
09/27/15
Fraternal Order of
Eagle, Waterloo
Aerie #764
202 E. 1st St.
Class A Liquor
& Outdoor Srv.
Renewal
06/30/15
X
Casey's Pub &
Eatery
1125 W. Donald St.
Class C Liquor
& Outdoor
Srv.
Renewal
07/31/15
X
Hy -Vee C -Store #4
3700 University
Ave.
Class C Beer,
B Wine
Renewal
10/31/15
X
9. Cigarette/Tobacco Permit Renewal Applications
Dollar General Store #7162, 820 W. 5th Street
September 22, 2014
10. Bonds
Roll call vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
143544 - Schmitt/Welper
Page 3
that proof of publication of notice of public hearing on request of Sergio
Rangel for the sale and conveyance of a new construction home located at 1019
Lafayette Street for $95,100.00 through the Neighborhood Stabilization Program,
as published in the Waterloo Courier on September 16, 2014, be received and
placed on file. Voice vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor Pro -Tem called for
written and oral comments and there were none.
143545 - Schmitt/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
143546 - Schmitt/Welper
that "Resolution authorizing sale and conveyance of a new construction home
located at 1019 Lafayette Street for $95,100.00 through the Neighborhood
Stabilization Program, and authorize City Attorney to prepare and deliver deed
accordingly and rescind previously approved Resolution No. 2014-768. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-836.
143547 - Welper/Schmitt
that proof of publication of notice of public hearing for the 2014 Byrnes Tennis
Complex Resurfacing Project, as published in the Waterloo Courier on September
2, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
This being the time and place of public hearing, the Mayor Pro -Tem called for
written and oral comments and there were none.
143548 - Welper/Schmitt
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
143549 - Welper/Schmitt
that "Resolution confirming approval of plans, specifications, form of contract,
etc. for the 2014 Byrnes Tennis Complex Resurfacing Project", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-837.
143550 - Welper/Schmitt
that "Resolution ordering construction for the 2014 Byrnes Tennis Complex
Resurfacing Project", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-838.
143551 - Welper/Schmitt
to receive and file and instruct City Clerk to read bids and refer to Leisure
Services Director for review. Voice vote -Ayes: Seven. Motion carried.
NAME
BID
SECURITY
BASE BID
OPTION #1
OPTION #2
ILLOWA
BLUEGRASS, IA
5%
$27,900.00
$20,800.00
$27,900.00
PRO TRACK AND
TENNIS
BENNINGTON,
NE
5%
$19,984.00
$13,656.00
Base + #1 = $32,640.00
(If completed all at
the same time)
$19,984.00
Base + #1 & #2 =
$51,620.00
(If completed all
at the same time)
September 22, 2014 Page 4
143552 - Schmitt/Welper
that proof of publication of notice of public hearing on Bid for Janitorial
Services - City of Waterloo Public Works Building, as published in the Waterloo
Courier on September 2, 2014, be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
This being the time and place of public hearing, the Mayor Pro -Tem called for
written and oral comments.
143553 - Schmitt/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
Mr. Morrissey questioned why in-house people aren't hired to do the work. He
noted the City could pay in-house workers higher than minimum wage. Doing
something in-house allows the City to hold the workers accountable, even if
there were only 2 part-time employees. There would be administrative costs
saved and the City could pay them $10-$12 per hour.
Mr. Jones questioned whether the City already has full-time janitorial staff
with the City.
Craig Clark, Building Official/Maintenance Administrator, noted that the
SportsPlex & Cultural & Arts have on site part-time janitorial employees, and
that the majority of the City buildings have outside janitorial services.
143554 - Schmitt/Welper
that "Resolution confirming approval of specifications, bid document, etc. in
conjunction with Bid for Janitorial Services - City of Waterloo Public Works
Building", be adopted. Roll call vote -Ayes: Five. Nays: Two (Morrissey,
Hart).
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-839.
143555 - Schmitt/Welper
that "Resolution authorizing to proceed for Janitorial Services - City of
Waterloo Public Works Building", be adopted. Roll call vote -Ayes: Five. Nays:
Two (Morrissey, Hart).
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-840.
143556 - Schmitt/Welper
to receive, file and instruct City Clerk to read bids and refer to Public Works
Director for review: Voice vote -Ayes: Six. Nays: One (Morrissey). Motion
carried.
Bidder
Bid Security
Bid Amount
Midwest Janitorial
Service, Inc.
Cedar Rapids, IA
$1,872.00
$3,120.00/Month
Marsden Bldg.
Maintenance, LLC
2801 Bell Ave.
Des Moines, IA 50321
5%
$1,950.00/Month
143557 - Schmitt/Welper
that "Resolution to approve the award of contract to Marsden Janitorial Service
of Waterloo, IA in the amount of $1,950.00 per month for the Janitorial Services
at the City of Waterloo Public Works building; and authorize Mayor Pro -Tem and
City Clerk to execute said document", be adopted. Roll call vote -Ayes: Five.
Nays: Two (Morrissey, Hart).
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-841.
143558 - Welper/Morrissey
that proof of publication of notice of public hearing on Development Agreement
with Hotel President Partners, LP for the redevelopment of 500 Sycamore Street
and authorizing a tax rebate schedule at 10 years, as published in the Waterloo
Courier on September 11, 2014, be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
September 22, 2014 Page 5
This being the time and place of public hearing, the Mayor Pro -Tem called for
written and oral comments.
143559 - Welper/Morrissey
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
143560 - Welper/Morrissey
that `Resolution approving said Development Agreement with Hotel President
Partners, LP for the redevelopment of 500 Sycamore Street and authorizing a tax
rebate schedule at 10 years", be adopted. Roll call vote -Ayes: Seven.
Mr. Schmitt requested Noel Anderson to give an overview of what's going on with
the development so everyone understands it.
Noel Anderson, Community Planning & Development Director, noted they're looking
at bringing about $3.75 million into the building at 500 Sycamore Street. He
noted they're asking for a 10 year abatement schedule similar to what a CURA
allows over the 2011 value of $239,850. The City would see over $295,000 in
taxes over a 10 -year period.
Mr. Lind questioned the amount of the frozen value.
Noel Anderson, Community Planning & Development Director, noted the frozen value
is the $239,850. That it's a TIF District development agreement.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-842.
143561 - Morrissey/Welper
that proof of publication of notice of public hearing on request of Sue Schuman
and Sara Kersenbrock to vacate the 20' platted building line located on Lot 2 of
Miller Park Addition, at 419 Holm Street, for the purpose of constructing a
Three Seasons addition, as published in the Waterloo Courier on September 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 Pro -Tem called for
written and oral comments.
143562 - Morrissey/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
Mr. Welper questioned why the Council would agree to let them build a larger
structure when they already know it's an illegal situation. The council has
spent time working on the Code of Ordinances. Yet in the last 3 months the
council allowed a 12' driveway larger than it was supposed to be, a deck to be
built 8' onto City property, now looking to do another 10' over on the setback.
Mr. Schmitt questioned the discussion that went on with Planning and Zoning
Commission and if it was a unanimous vote.
Aric Schroeder, City Planner, noted he doesn't recall it. He noted that this is
a unique situation because there is a setback issue and a platted building line
issue. The Planning Commission was just looking at the building line vacate.
The Board of Adjustment approved the variance to the setback requirement. The
building line vacate and variance setback have to both be approved or the
project will not be able to proceed.
Mr. Hart questioned if there were any visibility issues with the 3 seasons room.
Aric Schroeder, City Planner, noted that he didn't see any issues. The deck can
be allowed to stay as is, but the action is needed to be approved to remove the
deck and add the three seasons room.
Mr. Jones asked what the recommendation was of the staff.
Aric Schroeder, City Planner, noted the staff recommended denial of approval.
143563 - Morrissey/Welper
that "an Ordinance vacating the 20' platted building line located on Lot 2 of
Miller Park Addition, at 419 Holm Street, for the purpose of constructing a
Three Seasons addition", be received, placed on file, considered and passed for
the first time. Roll call vote -Ayes: Four. Nays: Three (Welper, Cole, Lind).
Motion carried.
September 22, 2014 Page 6
143564 - Morrissey/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Three (Jones,
Schmitt, Lind). Motion failed.
143565 - Schmitt/Welper
that proof of publication of notice of public hearing on Expansion of the Martin
Road Development Plan Tax Increment Financing (TIF) District, as published in
the Waterloo Courier on September 16, 2014, be received and placed on file.
Voice vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor Pro -Tem called for
written and oral comments.
Gloria Little, 822 Baltimore, spoke against expanding the Martin Road TIF
District.
David Dryer, 3145 West 4th Street, expressed concern with the taxes continuing to
rise and that tax abatements cost the citizens money.
Forest Dillavou, 1725 Huntington Road, expressed concern that each time there's
a TIF, the citizens get burdened.
143566 - Schmitt/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
143567 - Schmitt/Welper
that "an Ordinance adopting the Expansion of the Martin Road Development Plan
Tax Increment Financing (TIF) District", be received, placed on file, considered
and passed for the first time.
Mr. Lind requested to table the item and have a work session regarding the TIF.
Mr. Schmitt questioned if it's timely, and if they need to move forward with it.
Noel Anderson, Community Planning & Development Director, noted that they're
wanting to begin construction.
143568 - Lind/Schmitt
to table an ordinance adopting the Expansion of the Martin Road Development Plan
Tax Increment Financing (TIF) District for a work session on October 6, 2014 and
to full council on October 13, 2014. Roll call vote -Ayes: Seven. Motion
carried.
143569 - Cole/Welper
that proof of publication of notice of public hearing on Riverfront Stadium 10 -
Year Lease with 5 -Year Extension Option with Waterloo Ball Club, LLC/Waterloo
Bucks Baseball, as published in the Waterloo Courier on September 18, 2014, be
received and placed on file. Voice vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor Pro -Tem called for
written and oral comments.
Paul Huting, Leisure Services Director, noted he has a recommendation to approve
from the Leisure Services Commission.
Gary Koepel, President of Board of Directors of Cedar Rapids Kernels, noted the
Cedar Rapids Kernels and Cedar Rapids Ball Club are interested in purchasing the
Waterloo Ball Club and they could share ideas and resources. He noted that
putting both organizations together makes both organizations stronger.
Doug Nelson, General Manager of Cedar Rapids Kernels, noted the plan is to
provide additional personnel resources, be more active in the community, and
increase player and mascot appearance in the community. They would borrow
personnel and staffing from Cedar Rapids to work with the Waterloo team to do
some things to make the stadium look better.
Dan Corbin, General Manager of Waterloo Bucks, noted they're excited to have the
lease.
September 22, 2014 Page 7
143570 - Cole/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
143571 - Cole/Welper
that "Resolution authorizing said Lease Agreement for the Riverfront Stadium 10 -
Year Lease with 5 -Year Extension Option with Waterloo Ball Club, LLC/Waterloo
Bucks Baseball; and authorize Mayor Pro -Tem and City Clerk to execute said
document", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-843.
RESOLUTIONS
143572 - Cole/Lind
that "Resolution approving submission of Black Hawk County Gaming Association
grant application in the amount of $386,393.00 for the Gates Park Renovation
project; and authorize Mayor Pro -Tem to execute said document", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-844.
143573 - Cole/Lind
that "Resolution approving submission of Black Hawk County Gaming Association
grant application in the amount of $90,000.00 for the Summit Housing/Riverfront
Sports Park Lights project; and authorize Mayor Pro -Tem to execute said
document", be adopted. Roll call vote -Ayes: Seven.
Mr. Schmitt questioned the housing part of the project.
Paul Huting, Leisure Services Director, noted there is no housing. They are
looking to light some new fields to discontinue the use of Summit. The goal is
to decrease maintenance.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-845.
143574 - Cole/Lind
that "Resolution approving a 28E Agreement with Iowa Alcoholic Beverages
Division for tobacco enforcement", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-846.
143575 - Morrissey/Welper
that "Resolution approving Iowa Department
Vertical Infrastructure Program (CSVI)
$101,032.00, to pay for necessary upgrades
at bag make-up, and terminal electrical
Airport; and authorize the Mayor Pro -Tem t
Roll call vote -Ayes: Seven.
of Transportation Commercial Service
grant agreement in the amount of
to emergency generator, replace door
improvements for Waterloo Regional
o execute said document", be adopted.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-847.
143576 - Morrissey/Welper
that "Resolution approving award of contract to KWS, Inc. of Cedar Falls, Iowa
in the amount of $39,900.00 for the San Marnan Drive and LaPorte Road Traffic
Safety Improvements", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-848.
143577 - Morrissey/Welper
that "Resolution approving Professional Service Agreement with Ament, Inc. of
Waterloo, Iowa, in the amount of $24,700.00 for professional services for the
Virden Creek Tributary Drainage Improvements, Contract No. 840; and authorize
Mayor Pro -Tem to execute said document", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-849,
September 22, 2014 Page 8
143578 - Schmitt/Morrissey
that "Resolution approving Professional Service Agreement with AECOM Technical
Services of Waterloo, Iowa, in the amount of $17,800.00 for engineering
services, design, and development of plans for the repair of the llth Street
Bridge Expansion Joints; and authorize Mayor Pro -Tem to execute said document",
be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-850.
143579 - Schmitt/Morrissey
that "Resolution approving Supplemental Agreement No. 3 with AECOM Technical
Services of Waterloo, Iowa, in an amount not to exceed $36,200.00 for
professional services to complete final design and construction plan preparation
for the painting and structural repairs of the 4th Street Bridge Walkway Canopy
over the Cedar River, Contract No. 875; and authorize Mayor Pro -Tem and City
Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven.
Mr. Schmitt requested an overview of the project.
Dennis Gentz, Assistant City Engineer, noted there are some structural repairs.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-851.
143580 - Schmitt/Morrissey
that "Resolution approving Construction Plans for Sanitary Sewer serving
University Avenue 12 Plexes, as submitted by Holland Engineering & Surveying,
LTD. of Cedar Falls, 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; and
authorize Mayor Pro -Tem to execute said document", be adopted. Roll call vote -
Ayes: Seven.
Mr. Jones questioned whether the sanitary sewer serving University Avenue 12
plexes is going to impact the current infiltration issues.
Mr. Gentz noted the sewage would go to the North Hackett Lift Station.
Mr. Lind noted that temporary pumps have to be put there when there's heavy rain
and why would you add more sewage to that.
James Walsh, City Attorney, noted to go ahead and continue preparing for it and
if DNR doesn't approve it, then you don't have to proceed.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-852.
143581 - Cole/Morrissey
that "Resolution approving the submittal of the FY 2014 Consolidated Annual
Performance and Evaluation Report (C.A.P.E.R.) for CDBG and HOME Program
activities for the period of July 1, 2013 through June 30, 2014 to the U,S.
Department of Housing and Urban Development", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-853.
143582 - Cole/Morrissey
that "Resolution approving the FY2014 Cooperative Agreement with U.S. Department
of Housing and Urban Development for the Fair Housing Assistance Program in the
amount of $12,000.00; and authorize Mayor Pro -Tem and City Clerk to execute said
document", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-854.
ORDINANCES
143583 - Welper/Schmitt
that "an Ordinance amending the 2008 Traffic Code by adding Subsection (8a)
Baltimore Street to Section 553, No Parking Here to Corner West Side of the 2400
Block of Baltimore Street 25 ft. in a Southerly Direction from E. Ridgeway
Avenue", be received, placed on file, considered and passed for the first time.
Roll call vote -Ayes: Seven. Motion carried.
September 22, 2014 Page 9
143584 - Welper/Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
143585 - Welper/Schmitt
that "an Ordinance amending the 2008 Traffic Code by adding Subsection (8a)
Baltimore Street to Section 553, No Parking Here to Corner West Side of the 2400
Block of Baltimore Street 25 ft. in a Southerly Direction from E. Ridgeway
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 Pro -Tem assigned No. 5240.
143586 - Welper/Schmitt
that "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, in conjunction with request of 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," continued from the July 28, 2014 meeting be
received, placed on file, considered and passed for the second time.
Noel Anderson, Community Planning & Development Director, noted he received an
email from one of the attorneys for the group asking to table it He noted
they're close to coming to a resolution, but they're not quite there yet.
Tabling it for two weeks would be enough.
Matt Altrogge, co-owner of the Jet Lounge, the property that neighbors Mr.
Hagenow's property, noted that the attorneys have contacted each owner but no
one has seen any kind of an agreement.
143587 - Welper/Schmitt
motion to table indefinitely 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, in conjunction with
request of 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. Roll call vote -Ayes: Seven.
OTHER COUNCIL BUSINESS
143588 - Schmitt/Lind
that Change Order No. 3 for an increase of approximately $50,000.00 for the FY14
Bridge Deck Repair and Overlay Program as a result of bridge inspection repairs;
and authorize Mayor Pro -Tem and City Clerk to execute said document, be
received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried.
Dennis Gentz, Assistant City Engineer, noted this is a separate project to the
original contract because of the condition of the roadway. The bridge approach
barriers are settling so they need to correct the situation. Since they already
had an existing contract with Cramer, they felt it was the proper thing to do to
have them start the repairs.
143589 - Morrissey/Welper
to instruct Leisure Services Director to prepare plans, specifications, form of
contract, etc. for 2014 Byrnes Tennis Center Restroom Project, be approved.
Voice vote -Ayes: Seven. Motion carried.
143590 - Morrissey/Welper
that plans, specifications, form of contract, etc. for 2014 Byrnes Tennis Center
Restroom Project, be received and placed on file. Voice vote -Ayes: Seven.
Motion carried.
143591 - Morrissey/Welper
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. for 2014 Byrnes Tennis Center Restroom Project", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-855.
September 22, 2014 Page 10
143592 - Morrissey/Welper
that "Resolution setting date of bid opening as October 9, 2014 and date of
public hearing as October 13, 2014; and instruct City Clerk to publish notice of
plans, specifications, form of contract, etc. and taking of bids for 2014 Byrnes
Tennis Center Restroom Project", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-856.
143593 - Morrissey/Welper
to instruct Public Works Director to prepare specifications, bid document, etc.
for the Rental of Three (3) Motor Graders to Support Snow Operations, be
approved. Voice vote -Ayes: Seven. Motion carried.
143594 - Morrissey/Welper
that specifications, bid document, etc. for the Rental of Three (3) Motor
Graders to Support Snow Operations, be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
143595 - Morrissey/Welper
that "Resolution preliminarily approving specifications, bid document, etc. for
the Rental of Three (3) Motor Graders to Support Snow Operations", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-857.
143596 - Morrissey/Welper
that "Resolution setting date of bid opening as October 23, 2014 and date of
public hearing as October 27, 2014; and instruct City Clerk to publish notice of
specifications, bid document, etc. and taking of bids for the Rental of Three
(3) Motor Graders to Support Snow Operations", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2014-858.
ORAL PRESENTATIONS
Randy Herod, 111 Highland, expressed concerned that animal control is not
getting resources it deserves.
143597 - Welper/Lind
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
143598 - Welper/Schmitt
that the council adjourn to Executive Session at 7:04 p.m. Roll call vote -Ayes:
Seven. Motion carried.
James Walsh, City Attorney, noted he can't advise on the Executive Session. He
noted to get advice from outside counsel.
David Zellhoefer, Assistant City Attorney, stated that discussion of pending
litigation is an approved topic of Executive Session pursuant to Iowa Code
Section 21.5(1)(c)(2014).
EXECUTIVE SESSION
143599 - Lind/Morrissey
that the council adjourn Executive Session at 8:15 p.m. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
143600 - Welper/Schmitt
that the Council adjourn at 8:17 p.m. Voice vote -Ayes: Seven. Motion carried.
Carol Nemmes
Deputy City Clerk