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HomeMy WebLinkAboutMinutes-5/18/2015May 18, 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, May 18, 2015. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Tom Lind, Council Member At Large. 144473 - Hart/Schmitt that the Agenda, as amended by changing the effective date to July 20, 2015 for item #10, for the Regular Session on Monday, May 18, 2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 144474 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, May 11, 2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark read a Proclamation declaring May 17 - 23, 2015 as Emergency Medical Services Week. Mayor Clark read a Proclamation declaring May 18 - 24, 2015 as Healthy and Safe Swimming Week. Mayor Clark read a Proclamation May 23, 2015 as Fourth Street Cruise Day. Mayor Clark recognized the Liberty Park Neighborhood Association. Mayor Clark recognized the Waterloo Community Schools Peace Project. CONSENT AGENDA 144475 - Hart/Cole 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 May 18, 2015, in the amount of $16,560,820.66, 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. 2015-334. 2. Resolution setting date of hearing as June 1, 2015 to approve an amendment to the City of Waterloo Zoning Ordinance No. 5079 to update multiple sections including changes for hard surfaced driveway and parking requirements, minimum garage requirements, freestanding commercial parking lots, driveway and parking requirements for multi -family dwellings, and other miscellaneous updates. Resolution adopted and upon approval by Mayor assigned No. 2015-335. 3. Resolution approving request of the Alternatives Pregnancy Center to hold their 5K run/walk and fundraising event on July 4, 2015 from 7 AM to 12 PM; including a 5K on bike trails and a celebration event in the parking lot at 1006 Decathlon Drive. Resolution adopted and upon approval by Mayor assigned No. 2015-336. 4. Resolution setting date of hearing as June 8, 2015 to approve proposed repairs in conjunction with the Sidewalk Inspection and Repair Program - Zone 5; and approve request to send out notification to property owners of proposed sidewalk repairs and estimate of costs. Resolution adopted and upon approval by Mayor assigned No. 2015-337. 5. Resolution setting the date of public hearing as June 1, 2015 for a request by the City of Waterloo to vacate Wilby Street located east of 625 Glenwood Street. Resolution adopted and upon approval by Mayor assigned No. 2015-338. May 18, 2015 Page 2 6. Resolution approving the request of Adam Wiszowaty for tax exemptions on the construction of a new home valued at $198,967 for property located at 4135 Mockingbird Ln., and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2015-339. 7. Resolution approving the request of Kyle Larson for tax exemptions on the construction of a new home valued at $255,000 for property located at 4853 Yellowstone Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2015-340. 8. Resolution canceling council meeting scheduled for July 6, 2015 and scheduling a council meeting for June 29, 2015. Resolution adopted and upon approval by Mayor assigned No. 2015-341. 9. Resolution approving the request of Kevin S. Walker for a concrete driveway to be located at 134 Longview Drive, together with recommendation of approval of City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2015-342. 10. Resolution setting the date of public hearing as June 1, 2015 to approve a request by David Welch for a site plan amendment to amend the conditions of zoning in a "C -1,C -Z" Conditional Zoning District, located at 1033 Decathlon Drive, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2015-343. 11. Resolution approving the Request of Adrienne Carlson, on behalf of Irving School, to hold their Spring Carnival "Falcon Fest" on Thursday, May 21, 2015, from 5:00 p.m. to 8:00 p.m., and to block off Locust Street from W. 5th to Johnson, using barricades. Resolution adopted and upon approval by Mayor assigned No. 2015-344. b. Motion to approve the following: 1. a. b. 2. a b. c d. e. f. g. h. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed 16 Employees of Waste Management Services Fork lift training Waste Management Facility 5/20/2015 $800.00 Michelle Weidner, CFO Iowa Governmental Roundtable Des Moines, IA 05/19/15 - 05/21/15 $305.00 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Lost Island Waterpark, 2225 E. Shaulis Road B Beer w/Outdoor Service New 10/15/2015 X CU Restaurant and The Cellar, 320 E. 4th Street B Native Wine, C Liquor w/Outdoor Service New 05/14/2016 X Gates Park Golf Shop, 820 E. Donald Street C Liquor w/Outdoor Service Renewal 05/10/2016 X Hickory House, 315 Park Road C Liquor Renewal 05/23/2016 X Now Star 3, 1459 C Bccr, E Liquor Ansborough Avcnuc Rcncwal 04/16/2016 RiverLoop Public Market Coop, 327 W. 3rd Street B Beer, C Native Wine w/Outdoor Service Renewal 05/07/2016 X Smitty's Bar, 709 Jefferson Street C Liquor w/Outdoor Service Renewal 05/26/2016 X Main Street Waterloo, Lincoln Park Special C Liquor (Beer and Wine) New 11/20/2015 X Roll call vote -Ayes: Seven. Motion carried. May 18, 2015 Page 3 3. Recommendation of appointment of Thaddeus Childers, from the Civil Service list, to the position of Laboratory Technician for the City of Waterloo, Iowa Waste Management Services Department, effective May 19, 2015. Roll call vote -Ayes: Seven. Motion carried. 4. Recommendation of appointment of Kathleen Skillings, from the Civil Service list, to the position of Laboratory Services Foreman for the City of Waterloo, Iowa Waste Management Services Department, effective May 19, 2015. Roll call vote -Ayes: Seven. Motion carried. Ncw Star 3, 1459 Ansb r ugh Avcnuc. Mr. Morrissey questioned the timeframes for the sidewalk inspections and if there have been any issues with New Star. Wayne Castle, Associate Engineer, explained that letters will go out Friday identifying areas that need repairs. Permits need to be obtained by July 10, 2015 and repairs need to be completed by Friday, July 24, 2015. He also indicated that citizens can contact the Engineering Department regarding any extenuating circumstances that may arise. Dan Trelka, Director of Safety Services, explained that the New Star 3 establishment was vetted as all others are and did meet the criteria for their recommendation of approval. He was unaware of any specific issues associated with this establishment but stated that, to be certain, he would check into it. Dave Zellhoefer, City Attorney, explained that the City is aware of at least two separate incidents relating to the illegal sale of Tobacco at establishment. One incident, sale of Tobacco to a minor, resulted in the suspension of their license. Another incident involved the sale of Tobacco to a minor during that suspension. Mr. Zellhoefer stated that there is some concern with established ownership as well. He recommended erring on the side of caution when making a decision relating to this permit. 144476 - Morrissey/Schmitt to table the New Star liquor and tobacco licenses until accurate, detailed information can be obtained. Ayes: Seven. Motion carried. Roll call vote on previous motion to approve consent agenda - Ayes: Seven. Motion carried. PUBLIC HEARINGS 144477 - Schmitt/Hart that proof of publication of notice of public hearing on FY -2015 IDOT Commercial Service Vertical Infrastructure project for the EPA RICE NESHAP Airport Emergency Generator Upgrade project, as published in the Waterloo Courier on May 1, 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. 144478 - Schmitt/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 144479 - Schmitt/Hart that the "Resolution confirming approval of specifications, bid documents, etc. in conjunction with FY -2015 IDOT Commercial Service Vertical Infrastructure project for the EPA RICE NESHAP Airport Emergency Generator Upgrade project", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-345. 144480 - Schmitt/Hart that the "Resolution authorizing to proceed in conjunction with FY -2015 IDOT Commercial Service Vertical Infrastructure project for the EPA RICE NESHAP Airport Emergency Generator Upgrade project", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-346. May 18, 2015 144481 - Schmitt/Hart Page 4 Motion to receive and file and instruct City Clerk to read bids and refer to the Airport Director for review. Bidder Bid Security Bid Amount Altorfer Power Systems 2550 6th Street S.W. Cedar Rapids, IA $2,000 $34,649.13 Voice vote -Ayes: Seven. Motion carried. 144482 - Hart/Morrissey that proof of publication of notice of public hearing on FY2016 Cunningham Safe Routes to School, Contract No. 851, as published in the Waterloo Courier on May 15, 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 was one written objection on file in the City Clerk's Office submitted by Mr. Bagby. 144483 - Hart/Morrissey that the hearing be closed and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 144484 - Hart/Morrissey that the "Resolution authorizing to proceed in conjunction with the FY2016 Cunningham Safe Routes to School, Contract No. 851", be adopted. Roll -call vote -Ayes: Five. Nays: 2 (Schmitt, Lind) Motion carried. Mr. Schmitt questioned why we put sidewalks in areas where there are sidewalks when there are areas without sidewalks. Eric Thorson, City Engineer, explained that the funds are dedicated to this area. We were able to get funding for three out of five areas that requested funding. Mr. Lind noted that he does not believe the transportation funds should be used for sidewalks so he does not support this item. Mayor Clark clarified that these funds are set aside specifically for safe routes to schools projects and, as such, must be used for that purpose. The city is not allowed to use these funds for anything else. Additionally, they were awarded specifically for Cunningham School and, therefore, cannot be used in any other area. Mr. Hart explained that residents have also worked to put these sidewalks in and Council has worked for years to provide sidewalks for children to get to school. Mr. Morrissey noted that these sidewalks go along with the Complete Streets program and he is in favor of it. Resolution adopted and upon approval by Mayor assigned No. 2015-347 144485 - Welper/Hart that proof of publication of notice of public hearing on FY -2015 IDOT Commercial Service Vertical Infrastructure project for the removal and replacement of windows, and to Clean and Tuck Point Masonry for the General Aviation Terminal Building at Waterloo Regional Airport, as published in the Waterloo Courier on May 1, 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. 144486 - Welper/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 144487 - Welper/Hart May 18, 2015 Page 5 that the "Resolution confirming approval of specifications, bid documents, etc. in conjunction with FY -2015 IDOT Commercial Service Vertical Infrastructure project for the removal and replacement of windows, and to Clean and Tuck Point Masonry for the General Aviation Terminal Building at Waterloo Regional Airport", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-348. 144488 - Welper/Hart that the "Resolution authorizing to proceed in conjunction with FY -2015 IDOT Commercial Service Vertical Infrastructure project for the removal and replacement of windows, and to Clean and Tuck Point Masonry for the General Aviation Terminal Building at Waterloo Regional Airport", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-349. 144489 - Welper/Hart Motion to receive and file and instruct City Clerk to read bids and refer to the Airport Director for review. Bidder Be�urity Bid Amount Mid -Continental Restoration Co 400 E. Hudson St. Fort Scott, KS 5% $74,492.00 Failor Hurley 3337 Marnie Avenue Waterloo, IA 5% $29,500.00 Peters Construction 901 Black Hawk Rd Waterloo, IA 5% $31,718.00 Voice vote -Ayes: Seven. Motion carried. 144490 - Hart/Morrissey that proof of publication of notice of public hearing on FY -2015 IDOT Commercial Service Vertical Infrastructure project for the Replacement of, and Installation of, doors in the baggage makeup area, and the baggage claim area, of the Airline Passenger Terminal Building, as published in the Waterloo Courier on May 1, 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. 144491 - Hart/Morrissey that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 144492 - Hart/Morrissey that the "Resolution confirming approval of specifications, bid documents, etc. in conjunction with FY -2015 IDOT Commercial Service Vertical Infrastructure project for the Replacement of, and Installation of, doors in the baggage makeup area, and the baggage claim area, of the Airline Passenger Terminal Building", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-350. 144493 - Hart/Morrissey that that "Resolution authorizing to proceed in conjunction with FY -2015 IDOT Commercial Service Vertical Infrastructure project for the Replacement of, and Installation of, doors in the baggage makeup area, and the baggage claim area, of the Airline Passenger Terminal Building", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-351. 144494 - Hart/Morrissey Motion to receive and file and instruct City Clerk to read bids and refer to the Airport Director for review. May 18, 2015 Bidder Bid Security Bid Amount Failor Hurley 3337 Marnie Avenue Waterloo, IA 5% $64,700.00 Peters Construction 901 Black Hawk Rd Waterloo, IA 5% $57,444.00 Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 144495 - Morrissey/Cole Page 6 that "Resolution approving Professional Service Agreement with AECOM Technical Services, of Waterloo, Iowa, in the amount not to exceed $9,800.00 for construction related services for the F.Y. 2016 Lower Sink Creek Channel Cleaning, Contract No. 891; 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. 2015-352. Mr. Schmitt clarified that the agreement was for 10% of the project cost. 144496 - Morrissey/Cole that "Resolution approving Amendment No. 20 from the Iowa Economic Development Authority for CDBG Disaster Recovery Contract 08-DRH-011, amending the award amount from $2,728,363 to $2,620,655, and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-353. Rudy Jones, Community Development Director, explained that the developer was unable to complete all of the units in the time allotted so the amount was reduced. 144497 - Morrissey/Cole that "Resolution approving Agreement for the Commission of Public Artwork with Christopher Bennett of Keosauqua, IA, in the lump sum amount of $90,000.00, for the F.Y. 2012 Lou Henry Hoover Memorial Sculpture Garden, Contract No. 803; 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. 2015-354. 144498 - Schmitt/Welper that "Resolution approving the transfer of funds received from the State of Iowa for the refund of construction sales tax paid in conjunction with the construction of the Cedar Valley SportsPlex to the Waterloo Development Corporation in an amount not to exceed the total amount received from the state of Iowa, currently anticipated at $633,800.22", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-355. Michelle Weidner, Chief Financial Officer, explained that Waterloo Development Corporation is a private corporation and, as such, paid sales tax during the construction of the Sportsplex building. Ownership of the facility was then transferred to the City. The City has received the sales tax refund and it is being recommended that the funds be transferred to Waterloo Development Corporation to pay down the mortgage on the Sportsplex. Ms. Cole asked how many paying members the SportsPlex has to date. Paul Huting, Leisure Services Director, explained that there are 2,033 full memberships, however, this number is not individual members. He then estimated the number at 4200-4300 individuals. 144499 - Schmitt/Hart May 18, 2015 Page 7 that "Resolution awarding and approving contract with Republic Parking System for parking management services effective July 20, 2015", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-356. Mr. Schmitt questioned the loss of 80% of income to the city if this contract is approved. He also questioned how this would affect current employees and what effect any unlisted items might have on the bottom line. Suzy Schares, City Clerk explained that regardless of whether or not we approve this contract, we know that major changes are needed to our current parking situation. If council makes the decision to deny the contract, she believes the cost for the needed changes would create a much larger loss of income to the city. She stated that she believes, under this contract, the income to the city will increase over time. With regards to the effect on current city employees, Ms. Schares stated that there are some city staff positions that are currently vacant due to promotions, attrition, etc. These positions would not be filled. One position has civil service bumping rights and will be able to transfer to another department. There is a part-time position that will be eliminated. That employee will be given the opportunity to apply to work for Republic. Lastly, there is one full-time employee who will be laid off. Mr. Lind clarified that the services being offered by Republic are an improvement and the revenues would be used to fund those improved services. Mr. Morrissey clarified that Republic employs and works with members of collective bargaining units and there have never been any unfair labor cases being brought against them. 144500 - Hart/Cole that "Resolution approving contract with Cedar Bend Humane Society for the boarding of domestic animals and injured/sick wildlife brought into the Humane Society by Animal Control officers and Waterloo residents, commencing June 1, 2015, and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-357. Mr. Schmitt questioned what the estimated revenue is for animal control. Sandie Greco, Superintendent of Traffic Operations, explained that there will be microchipping fees, a contract with Cedar Falls, pet licenses, for a total revenue of $80,000.00. She also indicated that Animal Control will also have the ability to license animals on the spot. That will save on time and expense and allow them to more accurately keep Animal Control Records. Kristy Gardner, Co -Director of Cedar Bend Humane Society, stated that they generally have a veterinarian on staff to take care of rabies vaccinations, etc. when caring for and housing the animals picked up by Waterloo Animal Control. She also indicated that they will have some licensing capabilities as well. Mr. Schmitt expressed concern with such a large increase. Sandie Greco stated that, due to the animals, it has become more increased feasible to costs involved in taking care of boarding services of the Cedar means, and the manpower to would be for us to do it seek the Bend Humane Society. They have the facility, the provide services at or near the same cost as it ourselves. Mayor Clark stated that the original budget requested, which included a considerable increase, reflected the projected costs for us to keep Animal Control because of the very same increased expenses stated by Ms. Greco. That budget was ultimately denied by council. He also stated that, in order to provide better services to our citizens, we are going to have to spend more money. Sandie Greco stated that the goal of Animal Control is to educate the citizens of Waterloo. Mr. Schmitt expressed appreciation for that goal, however, is still concerned with the 50% increase in expenses involved. Sandie Greco recalled that, under the previous contracts the city had with the Humane Society, for a number of years there were no increases. Over a number of years, costs for them would go up and they would ultimately have to pass that increase on to us. She stated that costs would go up whether we perform these services ourselves or contracted with the Humane Society. May 18, 2015 Mr. Lind questioned what would be the ultimate burden to the taxpayer. Page 8 Michelle Weidner, Chief Financial Officer, explained that the burden to the taxpayer is expected to be less. She also stated that, with previous contracts, we did not have 24/7 service coverage and with the new contract we will. ORDINANCES 144501 - Schmitt/Hart that "an Ordinance amending the 2008 Traffic Code by amending Section 551, Parking Prohibited At All Times on Certain Streets, by repealing subsection (170) Heath Street in its entirety; that a new Subsection (170) Heath Street of Section 551, Parking Prohibited At All Times On Certain Streets, of the 2008 Traffic Code, is hereby enacted in lieu thereof as follows: east side in a northeasterly direction from 1950 through 2000 block", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 144502 - 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. 144503 - Schmitt/Hart that "an Ordinance amending the 2008 Traffic Code by amending Section 551, Parking Prohibited At All Times on Certain Streets, by repealing subsection (170) Heath Street in its entirety; that a new Subsection (170) Heath Street of Section 551, Parking Prohibited At All Times On Certain Streets, of the 2008 Traffic Code, is hereby enacted in lieu thereof as follows: east side in a northeasterly direction from 1950 through 2000 block"., 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. 5282. OTHER COUNCIL BUSINESS 144504 - Cole/Hart that Change Order No. 1 for a net increase of $21,600.00 for the F.Y. 2014 Flood Control Gatewell Repairs, Contract No. 867; and authorize the Mayor and City Clerk to execute said document, be approved. Voice vote -Ayes: Seven. Motion carried. 144505 - Morrissey/Hart that Change Order No. 3 for a net increase of $43,773.22 for the F.Y. 2014 Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements, Contract No. 842; and authorize the Mayor and City Clerk to execute said document, be approved. Voice vote -Ayes: Seven. Motion carried. Mr. Schmitt questioned the exact reason for this change order. Mayor Clark stated that the increase would be covered under our business risk insurance policy and was to cover the exact costs of restoration due to vandalism which occurred at these areas. Eric Thorson, City Engineer, clarified that this is our property that was vandalized for which we have insurance with a $50,000.00 deductible. Since the cost was less than than deductible we simply have to pay it. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, questioned if there is a shortage in the TIF District and if the City is bonding to cover the shortage. Michelle Weidner, Chief Financial Officer, explained that there are some bonds being issued for projects and only the TIF increments will pay for those bonds. Dwayne Filers, 1205 1/2 Bishop Ave., expressed concern with Susan Vaughn ticketing him for vehicles being parked on his property. Mayor Clark stated that Mr. Filers was the deed holder of the property in question and encouraged him to contact the state if he wished to do so. Mayor Clark also stated that no ticket was issued just a notification of what needed to be remedied on that property. May 18, 2015 Page 9 Forest Dillavou, 1725 Huntington Road, asked for the City to receive the corner lot located at Edison Elementary, previously used as a playground. He believes that this lot would be ideal for a neighborhood park for children and families to utilize. Paul Huting, Leisure Services Director, explained that the City could havc potentially develop a park on the lot currently received by the city where the bare football field is now located. He also stated that the city will eventually own all of the property located at the Edison Elementary site and no final plans have been set for how that property will be used. Mr. Morrissey questioned, since no effective date was set by council, when the roadside memorial ordinance would go into effect. Suzy Schares, City Clerk, stated that, if no date is set by council, the ordinance goes into effect 10 days after it is published. 144506 - Hart/Morrissey that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 144507 - Hart/Morrissey that the Council adjourn at 7:10 p.m. Voice vote -Ayes: Seven. Motion carried. Scha' - CM City Cler /Human Resource Director