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HomeMy WebLinkAboutMinutes-3/09/2015March 9, 2015 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, March 9, 2015. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Mark Rice, Public Works Director. 144232 - Hart/Schmitt that the Agenda, as amended by deleting items 1.A.9, 11, and 12, for the Regular Session on Monday, March 9, 2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 144233 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, March 2, 2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 144234 - 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 9, 2015, in the amount of $2,432,971.44 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. 2015-166. 2. Resolution setting date of hearing as March 30, 2015 to approve the midpoint construction status of the residential pump stations projects located at Cedar Bend Street, Fletcher Avenue, and Hollywood Avenue; and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2015-167. 3. Resolution approving the request of Cedar Valley 4 Rent for tax exemptions on the construction of a new home valued at $200,000 for property located at 4662 Hoff Road, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2015-168. 4. Resolution approving the request of Cedar Valley 4 Rent for tax exemptions on the construction of a new home valued at $200,000 for property located at 4715 Yellowstone Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2015-169. 5. Resolution approving the request of Laverne Lehman for tax exemptions on the construction of a garage addition and finished basement valued at $52,531 for property located at 138 St. Croix Drive, and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2015-170. 6. Resolution approving the request of Chris Davis for tax exemptions on the construction of a new single family home valued at $130,000 for property located at 847 Kern Street, and located within the Consolidated Urban Revitalization Area (LURA). Resolution adopted and upon approval by Mayor assigned No. 2015-171. March 9, 2015 Page 2 7. Resolution approving Order Accepting Acknowledgment/Settlement Agreement and check for $300.00 from City Foods, 200 Broadway Street, Waterloo, Iowa for sale of tobacco to minor violation -first offense. Resolution adopted and upon approval by Mayor assigned No. 2015-172. 8. Resolution approving Order Accepting Acknowledgment/Settlement Agreement and check for $300.00 from Westside Liquor, 919 West Fifth Street, Waterloo, Iowa for sale of tobacco to minor violation -first offense. Resolution adopted and upon approval by Mayor assigned No. 2015-173. 9. Resolution approving Order Accepting Acknowledgment/Settlement Agreement and check for $300.00 from King Star, 127 Jefferson Street, Waterloo, Iowa for sale of tobacco to minor violation -first offense. Resolution adopted and upon approval by Mayor assigned No. 2015-174. 10. Resolution approving Order accepting Acknowledgment/Settlement Agreement and check for $1,500.00 and 30 day suspension of cigarette permit from New Star Mart #3, 1459 Ansborough Avenue, Waterloo, Iowa for sale of tobacco to minor violation -third offense. Resolution adopted and upon approval by Mayor assigned No. 2015-175. b. Motion to approve the following: 1. a. b. c. d. e. f. 2. a. b. c. d. e. f. g. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Capt. Leibold & National Academy Burlington, 4/22/15 - $956.00 Lt. Payne (FBI) Re -trainer Iowa 4/24/15 X Sgt. Ludwig IaAWP 2015 Spring Davenport, 3/30/15 - $305.00 Jim Lind Standard Service 230 E. Ridgeway Avenue Training Iowa 3/31/15 X Packers Inn 201 Rath Street Conference Renewal 2/27/2016 X Sgts. Richter, Disorder Control Johnston, 4/14/15 - $2,120.00 McGeough, Bose and P.O. Wessels Training Iowa 4/16/15 X Keith Kaspari, IDOT Aviation West Des 4/21/15 - $224.00 Director of Conference Moines, Iowa 4/22/15 Aviation Six Waterloo Governor's Altoona, 4/27/15 - $622.00 Police Officers Traffic Safety Iowa 4/29/15 Bureau Paul Huting, Iowa Park and Davenport, 4/7/15 - $566.00 Leisure Services Recreation Iowa 4/9/15 Director Association Conference Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Amalgamated Local 838 UAW 2615 Washington Street Class C Liquor Renewal 2/29/2016 Catherine Doyle's Pub 504 Sycamore Street Class C Liquor Renewal 3/7/2016 X Hometown Foods 1010 E. Mitchell Avenue Class B Wine, C Beer, E Liquor Renewal 3/9/2016 X Jim Lind Standard Service 230 E. Ridgeway Avenue Class C Beer Renewal 4/6/2016 X Packers Inn 201 Rath Street Class C Liquor, Outside Service Renewal 2/27/2016 X Tokyo Japanese Steak House, Inc. 126 E. Ridgeway Avenue Class C Liquor Renewal 2/13/2016 X XO Food & Liquor 428 Franklin Street Class B Wine, C Beer Renewal 12/14/2015 X 3. Recommendation of appointment of Scott Kroeze, from the Civil Service list, to the position of Sign and Traffic Foreman at the Traffic Operations Department effective March 10, 2015. Roll call vote -Ayes: Seven. Item B.1.A-F, Ayes: Five. Nays: Two (Schmitt, Lind). Motion carried. March 9, 2015 Page 3 PUBLIC HEARINGS 144235 - Schmitt/Hart that proof of publication of notice of public hearing on FY2015 Upper Gates Shelter Project, as published in the Waterloo Courier on February 17, 2015, 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. 144236 - Schmitt/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 144237 - Schmitt/Hart that the "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-176. 144238 - Schmitt/Hart that the "Resolution ordering construction", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-177. 144239 - Schmitt/Hart Motion to receive and file and instruct City Clerk to read bids and refer to Leisure Services for review. Bidder Bid Security Bid Amount B&B Builders & Supply 5728 Sierra Drive Waterloo, IA 50701 5° $44,500.00 Woodruff Construction, LLC 2030 Keokuk Street Iowa City, IA 52240 5% $68,900.00 Voice vote -Ayes: Seven. Motion carried. 144240 - Welper/Hart that proof of publication of notice of public hearing on F.Y. 2015 Street Reconstruction Program, Contract No. 873, as published in the Waterloo Courier on February 17, 2015, 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. 144241 - Welper/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 144242 - Welper/Hart that the "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-178. 144243 - Welper/Hart that the "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-179. 144244 - Welper/Hart Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. March 9, 2015 Page 4 Bidder Bid Security Bid Amount Aspro, Inc. PO BOX 2620 Waterloo, IA 50704 5% $3,494,504.20 Voice vote -Ayes: Seven. Motion carried. 144245 - Hart/Welper that proof of publication of notice of public hearing on FY2015 Salvage Asphalt Crushing Project, as published in the Waterloo Courier on February 27, 2015, 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. 144246 - Hart/Welper that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 144247 - Hart/Welper that the "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-180. 144248- Hart/Welper that the "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-181. 144249 - Hart/Welper Motion to receive and file and instruct City Clerk to read bids and refer to Public Works Director for review. Bidder Bid Security Bid Amount C.J. Moyna & Sons 24412 Hwy 13 Elkader, IA 52043 5% 25,000 tons @ $3.70 per ton - crushing $10,000.00 - mobilization Bruening Rock Products PO BOX 127 Decorah, IA 52101 5% 25,000 tons @ $2.599 per ton - crushing $5,000.00 - mobilization Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 144250 - Schmitt/Hart that "Resolution approving award of contract to Nagle Signs Inc., of Waterloo, Iowa in the amount of $125,800; and approving the Contract, Bonds, and Certificate of Insurance for the Riverfront Sports Park #7 & #8 Lighting Project; 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. 2015-182. 144251 - Schmitt/Hart that "Resolution approving award of contract to Aspro, Inc., of Waterloo, Iowa in the amount of $3,588,887.72; and approving the Contract, Bonds, and Certificate of Insurance for the F.Y. 2015 Asphalt Overlay Program, Contract No. 874; 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. 2015-183. 144252 - Schmitt/Hart that "Resolution approving Supplemental Agreement No. 4 with Ament, Inc. of Waterloo, Iowa, in the maximum amount payable of $6,000.00 for professional services for the Virden Creek Tributary Drainage Improvements, Contract No. 840; March 9, 2015 Page 5 and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-184. 144253 - Cole/Hart that "Resolution approving Supplemental Agreement No. 5 with Ament, Inc. of Waterloo, Iowa, in the amount of $31,314.30, in conjunction with additional plan development services for the F.Y. 2014 Kimball Avenue Transportation Improvements, Contract No. 843; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Mr. Lind questioned if the feds have approved the change order. Dennis Gentz, Assistant City Engineer, confirmed that the feds are in favor of this change order. Resolution adopted and upon approval by Mayor assigned No. 2015-185. 144254 - Cole/Hart that "Resolution authorizing the Assignment of Rebates document for 25 W. Commercial St. Unit 10L, due to the sale of the property", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-186. 144255 - Cole/Hart that "Resolution approving an Encroachment Agreement with University of Iowa Community Credit Union (UICCU) to allow for the construction of a 9'10" monument sign within a platted 25' utility easement located at 930 Tower Park Drive", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-187. 144256 - Cole/Hart that "Resolution approving contract with Cahoy Pump Services, Inc in the amount of $7,545.00 for the removal of Rath Well #8; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-188. ORDINANCES 144257 - Morrissey/Hart that "an Ordinance amending the Chapter 3, Sewer Regulations, Section 8-3A-6 in conjunction with the Sewer Rental Charge to increase sewer rates", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 144258 - Morrissey/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Three (Lind, Jones, Schmitt). Motion failed. 144259 - Hart/Morrissey that "An Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by repealing Chapter 3, Electrical Regulations of Title 9, Building Regulations, in their entirety; and enacting in lieu thereof a new Chapter 3, Electrical Regulations of Title 9, Building Regulations", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Craig Clark, Building Official, explained that there are very little changes from the last code to the new electrical code. 144260 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Five. Nays: Two (Schmitt, Lind). Motion failed. • March 9, 2015 Page 6 OTHER COUNCIL BUSINESS 144261 - Hart/Cole Motion to approve Change Order No. 2 in the amount of $1,418.00 to Don Gardner Construction of Waterloo, Iowa in conjunction with the Waterloo Public Library Restroom Renovation; and authorize Mayor to execute said document. Voice vote - Ayes: Seven. Motion carried. ORAL PRESENTATIONS Cheryl Christianson, 1702 E. Mitchell Avenue, questioned the restroom renovation for the Waterloo Public Library and asked what city code gives council the right to suspend the rules allowing them to pass something more quickly. Mayor Clark stated that the Library and the Center for the Arts Restroom renovations are being done all at once. Suzy Schares, City Clerk, stated that the Code of Iowa allowed for this procedure and stated if Ms. Christianson wanted to know exactly where to find this, she is welcome to contact the City Clerk's Office and she could give that information to her. Steve Murphy, 124 Terrace Drive, expressed concern with the lack of transparency and the increased fees and taxes. Forest Dillavou, 1725 Huntington Road, expressed concern with higher rates and taxes. David Dreyer, 3145 W. 4th Street, expressed concern with the increase in the sewer rate and change orders. Mr. Schmitt congratulated the UNI Panthers on winning the Missouri Valley Championship. 144262 - Hart/Morrissey that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 144263 - Hart/Morrissey that the Council adjourn at 5:53 p.m. Voice vote -Ayes: Seven. Motion carried. uzy S. ares, CMC City Clerk/Human Resource Director