HomeMy WebLinkAboutMinutes-03/02/2015March 2, 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 2, 2015. Mayor Ernest
G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and
Hart.
Moment of Silence.
Pledge of Allegiance: Keith Kaspari, Airport Director.
144177 - Hart/Schmitt
that the Agenda, 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.
144178 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, February 23,
2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
Mayor Clark recognized Bob Osgood as the March 2015 Team Member of the Month.
Presentation of 2015 Leisure Services Character Counts Coach and Player of the
Year Awards.
CONSENT AGENDA
144179 - 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
2, 2015, in the amount of $625,334.00, 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. 2015-144.
2. Resolution approving Order Accepting Acknowledgment/Settlement Agreement
and check for $300.00 from Casey's General Store, 2424 Ranchero Road,
Waterloo, Iowa for sale of tobacco to minor violation.
Resolution adopted and upon approval by Mayor assigned No. 2015-145.
3. Resolution approving Order accepting Acknowledgment/Settlement Agreement
and check for $300.00 from Metro Mart #4, 2332 Falls Avenue, Waterloo,
Iowa for sale of tobacco to minor violation.
Resolution adopted and upon approval by Mayor assigned No. 2015-146.
4. Request to certify the following assessments to properties for work
performed by Water Works, together with recommendation of approval of
Board of Water Works Trustees: 321 Dearborn Avenue, $1,908.00; 319
Crescent Place, $2,723.79.
Resolution adopted and upon approval by Mayor assigned No. 2015-147.
5. Resolution preliminarily approving specifications, bid document, form of
contract etc. and setting date of bid opening as March 26, 2015 and date
of public hearing as March 30, 2015 for the Purchase of Two (2) 1 -Ton
Pickup Trucks with Dump Box and Plow Package and instruct City Clerk to
publish notice of specifications, bid document, form of contract etc.
Resolution adopted and upon approval by Mayor assigned No. 2015-148.
6. Resolution approving Order accepting Acknowledgment/Settlement Agreement
and 30 day suspension of cigarette permit for Sycamore Convenience, 619
Sycamore Street, Waterloo, Iowa for sale of tobacco to minor violation
(2nd) .
Resolution adopted and upon approval by Mayor assigned No. 2015-149.
March 2, 2015 Page 2
7. Resolution re -setting date of bid opening as March 12, 2015 and the date
of public hearing as March 16, 2015 for parking management services, and
instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2015-150.
b. Motion to approve the following:
1.
a.
b.
c.
d.
2.
a.
b.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Officers Erie,
ILEETA Training
Wheeling,
4/19/15 -
$2,845.00
Gergen & Sgt.
Conference
Illinois
4/24/15
Richter
Lt. Payne, Sgt.
INOA 2015 Annual
West Des
3/24/15 -
$876.00
Gehrke, Inv.
Conference
Moines, Iowa
3/26/15
Girsch
Elizabeth
Transportation of
Tulsa,
3/12/15 -
$960.00
Andrews & Tom
Exhibit to the
Oklahoma
3/14/15
Klenske
Waterloo Center
for the Arts
Sgt. Rasmussen &
Homicide: The
East Moline,
3/23/15 -
$1,381.00
Inv. Chopard
Investigative
Illinois
3/26/15
Challenge
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Buzz's Bar
1016 Maynard Avenue
Class C Liquor,
Outdoor Service
Renewal
03/14/16
X
Ray's Supermarket
1975 Franklin Street
Class B Wine, C
Beer, E Liquor
New
1/7/16
X
3. Mayor Clark's recommendation of the following appointments:
Appointee
Board/Commission
Expiration
Date
New or Re -
Appointment
James Lentfer
Memorial Hall
Commission
03/31/18
New
Christopher Shimp
Board of Adjustment
03/02/20
New
4. Mayor Clark's recommendation of appointment of Christopher Preston to the
position of Airport Maintenance Employee at Waterloo Regional Airport.
5. Motion to approve Cigarette/Tobacco/Nicotine/Vapor Permit Application for
Ray's Supermarket, 1975 Franklin Street.
Roll call vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
144180 - Schmitt/Hart
that proof of publication of notice of public hearing on FY 2015 Asphalt Overlay
Program, Contract No. 874, 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.
Forest Dillavou, 1725 Huntington Rd., recommended not awarding the contract
until Downing Avenue has been repaired properly.
144181 - Schmitt/Hart
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
144182 - Schmitt/Hart
that "Resolution confirming approval of plans, specifications, form of contract,
etc.", be adopted. Roll call vote -Ayes: Seven. Motion carried.
March 2, 2015
Resolution adopted and upon approval by Mayor assigned No. 2015-151.
144183 - Schmitt/Hart
Page 3
that "Resolution authorizing to proceed", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2015-152.
144184 - Schmitt/Hart
Motion to receive and file and instruct City Clerk to read bids and refer to
City Engineer for review.
Bidder
Bid Security
Bid Amount
Aspro, Inc.
Waterloo, IA
50
$3,588,887.72
Voice vote -Ayes: Seven.
144185 - Welper/Morrissey
that proof of publication of notice of public hearing on Riverfront Sports Park
#7 & #8 Field Lighting Project, as published in the Waterloo Courier on February
12, 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.
144186 - Welper/Morrissey
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
144187 - Welper/Morrissey
that "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. 2015-153.
144188 - Welper/Morrissey
that "Resolution ordering construction", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2015-154.
144189 - Welper/Morrissey
Motion to receive and file and instruct City Clerk to read bids and refer to
Leisure Services for review.
Bidder
Bid Security
Bid Amount
K.W. Electric
Cedar Falls, IA
5%
$129,950.00
Nagle Signs Inc.
Waterloo, IA
5%
$125,800.00
Voice vote -Ayes: Seven. Motion carried.
144190 - Morrissey/Welper
that proof of publication of notice of public hearing on request by Nguyen & Le,
LLC to vacate a platted 20' wide by approximately 110' long storm sewer easement
on Lot A of Crossroads Retail Center Addition, as published in the Waterloo
Courier on February 20, 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.
144191 - Morrissey/Welper
that the hearing be closed and receive and file recommendation of approval of
Planning, Programming, and Zoning Commission. Voice vote -Ayes: Seven. Motion
carried.
March 2, 2015 Page 4
144192 - Morrissey/Welper
that "an Ordinance approving a request by Nguyen & Le, LLC to vacate a platted
20' wide by approximately 110' long storm sewer easement on Lot A of Crossroads
Retail Center Addition", be received, placed on file, considered and passed for
the first time. Roll call vote -Ayes: Seven.
144193 - Morrissey/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven.
144194 - Morrissey/Welper
that "an Ordinance approving a request by Nguyen & Le, LLC to vacate a platted
20' wide by approximately 110' long storm sewer easement on Lot A of Crossroads
Retail Center Addition", be considered and passed for the second and third times
and adopted. Roll call vote -Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5265.
144195 - Hart/Morrisey
that proof of publication of notice of public hearing on Ordinance to approve
the request by the City of Waterloo to vacate a portion of the existing 20' wide
alley, located adjacent to Lots 1, 2, 9 and 10 within Block 16 of Hayes
Addition, generally located northeast of Black Hawk Street and northwest of West
17th Street, as published in the Waterloo Courier on February 20, 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.
144196 - Hart/Morrisey
that the hearing be closed and receive and file recommendation of approval of
Planning, Programming, and Zoning Commission. Voice vote -Ayes: Seven. Motion
carried.
144197 - Hart/Morrisey
that "an Ordinance approving the request by the City of Waterloo to vacate a
portion of the existing 20' wide alley, located adjacent to Lots 1, 2, 9 and 10
within Block 16 of Hayes Addition, generally located northeast of Black Hawk
Street and northwest of West 17th Street", be received, placed on file,
considered and passed for the first time. Roll call vote -Ayes: Seven.
144198 - Hart/Morrisey
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven.
144199 - Hart/Morrisey
that "an Ordinance approving the request by the City of Waterloo to vacate a
portion of the existing 20' wide alley, located adjacent to Lots 1, 2, 9 and 10
within Block 16 of Hayes Addition, generally located northeast of Black Hawk
Street and northwest of West 17th Street", be considered and passed for the
second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5266.
144200 - Schmitt/Hart
that proof of publication of notice of public hearing on sale of City -owned
property generally located northwest of 1907 Black Hawk Street to 3 Little
Lambs, LLC., as published in the Waterloo Courier on February 20, 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.
144201 - Schmitt/Hart
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
144202 - Schmitt/Hart
March 2, 2015 Page 5
that "Resolution authorizing sale and conveyance of said property for $1.00, and
authorizing City Attorney to prepare and deliver deed accordingly", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2015-155.
144203 - Schmitt/Hart
that "Resolution approving development agreement with 3 Little Lambs, LLC for
said property", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2015-156.
RESOLUTIONS
144204 - Cole/Hart
that "Resolution waiving the formal bid process to purchase a new triple
combination pumper from Pierce Manufacturing in the amount of $508,584.00 for
Waterloo Fire Rescue", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2015-157.
144205 - Cole/Hart
that "Resolution approving EMS Contingency Plan Agreement with Covenant Medical
Center Inc., and authorize the Mayor to execute said document", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2015-158.
144206 - Cole/Hart
that "Resolution approving 28E Agreements with Elk Run Heights, Cedar Township,
and East Waterloo Township, to provide fire and EMS protection and authorize the
Mayor to execute said documents", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2015-159.
144207 - Cole/Hart
that "Resolution approving award of contract to WRH of Amana, Iowa for the Belt
Press Addition Contract 4869 in the amount of $1,449,000.00", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2015-160.
144208 - Hart/Morrissey
that motion approving Change Order No. 7 for a net increase of $56,571.71 for
the F.Y. 2013 Street Reconstruction Program, Contract No. 832; be received,
placed on file and approved. Voice vote -Ayes: Seven. Motion carried.
144209 - Hart/Morrissey
that "Resolution approving Completion of Project and Recommendation of
Acceptance of Work for work performed by Aspro, Inc., of Waterloo, Iowa, at a
total cost of $7,891,085.56 for the F.Y. 2013 Street Reconstruction Program,
Contract No. 832", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2015-161.
144210 - Hart/Morrissey
that "Resolution approving the request by Nguyen & Le, LLC to dedicate a 20'
wide storm sewer easement over a portion of Lot A in Crossroads Retail Center
Addition, otherwise known as 1931 Sears Street", be adopted. Roll call vote -
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2015-162.
144211 - Hart/Morrissey
that "Resolution approving Vegetation Variance Agreement between the City of
Waterloo, U.S. Army Corps of Engineers, and the City of Evansdale to allow for
specific and limited variance from the U.S. Army Corps of Engineers vegetation
standards; and authorize Mayor and City Attorney to execute said documents", be
adopted. Roll call vote -Ayes: Seven.
March 2, 2015 Page 6
Resolution adopted and upon approval by Mayor assigned No. 2015-163.
ORDINANCES
144212 - Schmitt/Hart
that "an Ordinance amending Section 8-3 to comply with EPA Streamlining Rule",
be received, placed on file, considered and passed for the first time. Roll
call vote -Ayes: Seven. Motion carried.
144213 - Schmitt/Hart
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
144214 - Schmitt/Hart
that "an Ordinance amending Section 8-3 to comply with EPA Streamlining Rule",
be considered and passed for the second and third times and adopted. Roll call
vote -Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 5267.
144215 - Welper/Hart
that "an Ordinance amending the Submission and Approval of the Post Construction
Storm Water Management Plan Section 8-4C-4", be received, placed on file,
considered and passed for the first time. Roll call vote -Ayes: Seven. Motion
carried.
144216 - Welper/Hart
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
144217 - Welper/Hart
that "an Ordinance amending Section 8-4C-4 Submission and Approval of the Post
Construction Storm Water Management Plan", be considered and passed for the
second and third times and adopted. Roll call vote -Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 5268.
OTHER COUNCIL BUSINESS
144218 - Morrisey/Hart
that motion to approve Change Order No. 2 from Murphy Tractor and Equipment for
a net increase of $2,000.00 for the recent acquisition of Snow Removal Equipment
(Front End Loader) via FAA Grant No: 43 at Waterloo Regional Airport, be
received, placed on file and approved. Voice vote -Ayes: Seven. Motion
carried.
144219 - Morrisey/Hart
that motion to approve Change Order #2 for the FY 2012 Phase 3 Demolition
Contract of the Former Chamberlain Site with Vieth Construction of Cedar Falls,
Iowa for a net increase of $2,019.00, be received, placed on file and approved.
Voice vote -Ayes: Seven. Motion carried.
144220 - Morrisey/Hart
that motion to approve Change Order #1 to contract with HR Green for a Phase I
Environmental Site Assessment of the former Wonder Bread Bakery building in the
amount of $3,500.00, be received, placed on file and approved. Voice vote -Ayes:
Seven. Motion carried.
ORAL PRESENTATIONS
Forest Dillavou, 1725 Huntington Rd., would like to see more transparency when
council and mayor meet on budget issues and decisions.
Bruce W. Kaesser wanted to thank mayor and council once again for proclaiming
March 2015 National Brain Injury Awareness Month.
David Drier, 3145 W. 4th St., would like to see monies coming to the city for the
gas tax increase be discussed during the current budget talks and decisions made
for how that money will be used. He expressed his concerns that the money would
go into the general fund and be spent on items other than repair of bridges and
March 2, 2015 Page 7
roads. Mr. Drier also expressed concerns regarding the city purchase of more
delinquent properties in the upcoming year and the costs that will be incurred
for the maintenance of such properties. He expressed concern with yearly wage
increases for city employees.
Mayor Clark stated that the monies the city will get as a result of the gas tax
increase can't go into the general fund. The state does not allow that. He
reported that the money will only be spent on the items allowed by the state.
Jim Chapman, 224 Bertch, wants to correct the misconception that there will be
900 people losing jobs at Deere's. He stated that the number is 1,027 to be
exact. He also stated with the number of businesses leaving the Waterloo area,
he doesn't see where the city is getting a bigger business base.
Jessica Young, 316 W. 3rd St. Apt. 1, wanted to express her support and
appreciation for the saving of the Wonder Bread building.
Mayor Clark informed everyone about the MidAmerican Energy scam and the press
release that has been issued regarding the scam. He also read a thank you note
from Mr. Kaesser.
144221 - Hart/Morrissey
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
144222 - Hart/Morrissey
that the council adjourn to Executive Session at 6:01 p.m. Roll call vote -Ayes:
Seven. Motion carried.
City Attorney David Zellhoefer stated that discussion of property acquisitions
is an approved topic of Executive Session pursuant to Iowa Code Section
21.5 (1) (j) (2015) .
EXECUTIVE SESSION
144223 - Hart/Morrissey
that the council adjourn Executive Session at 6:40 p.m. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
144224 - Hart/Schmitt
that the Council adjourn at 6:40 p.m. Voice vote -Ayes: Seven. Motion carried.
Suzy Sc ares, CMC
City Clark/Human Resource Director