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HomeMy WebLinkAboutMinutes-2/23/2015February 23, 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, February 23, 2015. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt Morrissey, Welper, and Hart. Absent: Lind. Moment of Silence. Pledge of Allegiance: Paul Huting, Leisure Services Director. 144154 - Hart/Welper that the Agenda, as amended by deleting 1.b.2.f and 1.a.4, for the Regular Session on Monday, February 23, 2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. 144155 - Hart/Welper that the Minutes, as proposed, for the Regular Session on Monday, February 16, 2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. Mayor Clark read a Proclamation declaring March 2015 National Brain Injury Awareness Month. CONSENT AGENDA 144156 - 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 February 23, 2015, in the amount of $2,547,433.15, 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. 2015-128. 2. Resolution approving Order accepting Acknowledgment/Settlement Agreement and check for $300.00 from Casey's Pub, 1125 W. Donald Street, Waterloo, for sale of tobacco to minor violation. Resolution adopted and upon approval by Mayor assigned No. 2015-129. 3. Resolution preliminarily approving plans, specifications, form of contract etc and setting date of bid opening as March 5, 2015 and date of public hearing as March 9, 2015 for the FY2015 Salvage Asphalt Crushing Program and instruct City Clerk to publish notice of plans, specifications, form of contract etc. Resolution adopted and upon approval by Mayor assigned No. 2015-130. 4. Resolution approving an Order accepting Acknowledgment/Settlement Agreement and check for $300.00 from Walgreens, 1850 Logan Avenue, Waterloo, Iowa for sale of tobacco to minor violation. Resolution adopted and upon approval by Mayor assigned No. 2015-131. b. Motion to approve the following: 5. a. b. c. Travel Requests Name & Title of Amount not Personnel Class/Meeting Destination Date(s) to Exceed Investigator Pohl MacIntosh and Madison, 4/22/15 - $903.00 iDevice Training Wisconsin 4/26/15 Lt. Payne and Sgt. Authorized Central Johnston, 3/10/15 - $560.00 Gehrke Container Program Iowa 3/12/15 Sgt. Farmer, Sgt. USPCA Narcotics Re- Spirit Lake, 4/6/15 - $1,760.00 Bose, P.O.A. Bovy and P.O.T. certification Iowa 4/8/15 Brownell February 23, 2015 d. 6. a. b. c. d. e. f. g• Page 2 Sgt. Rasmussen Advanced Less Mankato, 4/13/15 - $958.00 Includes Sunday Lethal Instructor Minnesota 4/15/15 3/14/16 X Development Program Class C Beer, B Wine Renewal 2/29/16 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Babes Tap, 210 Division Street Class C Liquor Renewal 3/14/16 X Dollar General #10073, 3815 University Avenue Class C Beer, B Wine Renewal 2/29/16 X E1 Patron, 301 E. 4th Street Class C Liquor, Outdoor Service Renewal 2/29/16 X El Senor Tequila Class C Liquor, Outdoor Service Renewal 2/18/16 X Hy -Vee Market Cafe' #3, 1422 Flammang Drive Class C Liquor Renewal 01/31/16 X Hy -Vee Food & Drugstore #3, 1422 Flammang Drive Class: E Liquor, B Wine, C Beer Renewal 2/8/16 X Winning Edge, 341 Fletcher Avenue Class C Liquor Renewal 1/27/16 X 7. Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Regina Bullock Housing Authority Board 2/23/2017 New Appointment Sulejman Dizdarevic Human Rights 1/1/2018 Re -Appointment 8. Motion to approve Cigarette/Tobacco/Nicotine/Vapor Permit Application for WS, Inc./Tyson Foods, 501 N. Elk Run Road. Roll call vote -Ayes: Six. Motion carried. Mayor Clark recognized the board and commission appointees. PUBLIC HEARINGS 144157 - Schmitt/Hart that proof of publication of notice of public hearing on Parking lease agreement with Agape Rehabilitation Agency, P.C., to lease 8 City owned parking spaces located adjacent to 403-405 Jefferson Street, as published in the Waterloo Courier on February 12, 2015, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 144158 - Schmitt/Hart that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 144159 - Schmitt/Hart that "Resolution approving parking lease agreement with Agape Rehabilitation Agency, P.C., to lease 8 City owned parking spaces for $100 per month located adjacent to 403-405 Jefferson Street expiring May 31, 2020", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2015-132. 144160 - Cole/Schmitt that proof of publication of notice of public hearing on Rezone request by Green Acres Storage, LLC to rezone 2.26 acres from "R-4, R -P" Planned Multiple Family Residence District to "B -P" Business Park District, for the purpose of constructing a new 102,090 SF indoor storage facility, generally located east of 4015 Hurst Drive, as published in the Waterloo Courier on February 12, 2015, be received and placed on file. Voice vote -Ayes: Six. Motion carried. February 23, 2015 Page 3 This being the time and place of public hearing, the Mayor called for written and oral objections. Written objections are on file in the City Clerk's Office. Bob Fahr, 1040 Sunrise Blvd., expressed concern with the short notice given of the rezone before the Planning meeting and the rezone request. Maxine Barrows, 749 Excelsior Lane, expressed concern with the rezone request. Seth Green, Green Acres Storage, explained that the lighting is on motion sensors and the traffic is very low. The location is not warehousing, it is self storage. There is no parking or pole lights on the front of the building. Mr. Hart questioned if the lighting will affect the housing. Mr. Green explained that the display areas are lit but are on timers. Mr. Schmitt questioned where the other sites in Iowa are located. Mr. Jones questioned why this site is attractive. Mr. Green explained that this business needs local traffic and Hwy 20 is more pass through traffic. Mr. Morrissey questioned what the prior promises were. Mr. Fahr explained that the promise was that businesses facing San Marnan were to be Class "A" Office Buildings. Ms. Barrows explained that the residents are concerned with the lighting and they were to be office buildings and one story buildings. Forest Dillavou, 1725 Huntington Road, questioned if this is in a TIF District and what tax abatements is the business going to receive. Tom Sinnott, 505 Exelsior, spoke in opposition to the rezone request. Noel Anderson, Community Planning and Development Director, explained the project and noted that staff is working on correcting the delayed mail issue. The property is located in a TIF District. Tax incentives have not been brought to Council at this time. Ms. Cole questioned if apartment buildings or condos could be placed in this location. Mr. Anderson explained that there were restrictions put in place so those would not be allowed. Mr. Hart questioned what was put in place in 2004 and whether other locations were reviewed. Mr. Anderson explained that the zoning put in place was for office space. The TIF is a 20 year economic development TIF. Mr. Morrissey questioned the previous zoning. Mr. Anderson explained the current zoning. Ms. Cole explained that in 2004 was that there was concern with any development. Mr. Green explained that two sites were reviewed; one in Waterloo and one in Cedar Falls. The one in Cedar Falls was zoned properly but the business would have to deal with road construction. He explained that this is a new idea. Mr. Fahr expressed that the neighbors are not against development but not in this location unless it is a class "A" office building. Ms. Barrows expressed concern with the neighbors' concerns not being heard at the Planning Commission. Mr. Welper expressed concern with the location for the storage facility. Mr. Schmitt also expressed concern with the location for the storage facility. Mr. Morrissey also expressed concern with the location for the storage facility. February 23, 2015 Page 4 144161 - Cole/Schmitt that the hearing be closed and oral and written comments be received and placed on file and recommendation of approval of Planning, Programming, and Zoning Commission. Voice vote -Ayes: Six. Motion carried. 144162 - Cole/Schmitt that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the official Zoning Map referred to in Section 10- 4-4, Approving a Rezone on Certain Property", be received, placed on file, considered and passed for the first time. Roll call vote -Nays: Six (Morrissey, Welper, Hart, Cole, Jones, Schmitt. Motion failed. RESOLUTIONS 144163 - Hart/Morrissey that "Resolution awarding bid in the amount of $178,357.00 to Van Wall Equipment of Urbandale, Iowa for 2015 Turf Maintenance Equipment", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2015-133. 144164 - Hart/Morrissey that "Resolution awarding bid in the amount of $24,601.00 to P&K Midwest of Waterloo Iowa for the purchase of three (3) AFM 4216 Land Pride Mowers", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2015-134. 144165 - Hart/Morrissey that "Resolution approving sale of used John Deere Gator to Waterloo Softball Association (WSA) in the amount of $2,127.00", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2015-135. 144166 - Cole/Morrissey that "Resolution requesting the release of Reversionary Rights pertaining to a certain development agreement entered into between the City and Black Hawk Contracting and Development for the redevelopment of the former Lincoln School site with new housing", be adopted. Roll call vote -Ayes: Six. Noel Anderson, Community Planning and Development Agreement, explained that thirteen of the fourteen homes have been built and one of the homes is requesting clear title and this is just releasing the reversionary rights to that property. Resolution adopted and upon approval by Mayor assigned No. 2015-136. 144167 - Cole/Morrissey that "Resolution authorizing the'submission of a grant application for funding from the Cedar Trails Partnership, for a maximum amount of $2,500.00; and authorize the Mayor and City Clerk to sign and fully execute all necessary documents", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2015-137. 144168 - Cole/Morrissey that "Resolution approving construction plans for Paving and Storm Sewer serving Nottingham Third Addition, as submitted by Wayne Claassen Engineering & Surveying, Inc., of Waterloo, Iowa", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2015-138. 144169 - Welper/Hart that "Resolution approving agreement with Waterloo Water Works for Water Main Replacements in conjunction with F.Y. 2015 Street Reconstruction Program, Contract No. 873; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. February 23, 2015 Resolution adopted and upon approval by Mayor assigned No. 2015-139. 144170 - Welper/Hart Page 5 that "Resolution approving the Contract, Bonds, and Certificate of Insurance with Benton's Sand and Gravel, of Cedar Falls, Iowa, in the amount of $514,955.64, for the F.Y. 2015 Geraldine Road - Phase III, Contract No. 871", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2015-140. 144171 - Welper/Hart that "Resolution approving Professional Service Agreement with JDE Engineering of Waterloo, Iowa, in the amount not to exceed $46,500.00 for construction related services for the F.Y. 2015 Geraldine Road - Phase III, Contract No. 871; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2015-141. 144172 - Morrissey/Hart that "Resolution to allocate $25,000 in hotel/motel taxes to the Convention and Visitors Bureau to be used for special projects using forfeited tax grant funds", be adopted. Roll call vote -Ayes: Six. Aaron Buzza, Director of Convention and Visitors Bureau, explained that these funds are forfeited from a previous awarded grant and they will be used for a feasibility study of the Five Sullivan Brothers Convention Center. Resolution adopted and upon approval by Mayor assigned No. 2015-142. 144173 - Morrissey/Hart that "Resolution approving Waterloo CVB Board of Directors recommendation to fund FY16 CVB Partner Grants", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2015-143. OTHER COUNCIL BUSINESS 144174 - Hart/Morrissey that Motion to approve Professional services agreement amendment No. 1 in the amount of $3,500 to Invision of Waterloo, Iowa in conjunction with the Waterloo Public Center for arts Toilet room Renovation; and authorize Mayor to execute said document; be received, placed on file and approved. Voice vote -Ayes: Six. Motion carried. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, expressed concern with the City's tax base going down and expenses increasing. Leon Mosley, 99 Mosley Street, thanked the Chief and the Police Department for their efforts in ending the shootings. Elm and Fowler could use barricades to end the drive by shootings. He also asked to have MidAmerican Energy give lights to light up the area to deter the shootings. He asked that the properties be declared as a nuisance property. Dan Trelka, Director of Safety Services, explained that the ordinance has been revised and we have yet to get to the three call standard to make the declaration. David Dryer, 3145 W. 4th Street, expressed concern with change orders. Mr. Morrissey expressed the importance of keeping the Wonder Bread building. He noted that the handout given by Bruce Kaiser reminds individuals to wear bicycle helmets. 144175 - Hart/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. ADJOURNMENT 144176 - Hart/Schmitt February 23, 2015 Page 6 that the Council adjourn at 6:00 p.m. Voice vote -Ayes: Six. Motion carried. Suzy Sch. res, CMC City Clerk/Human Resource Director