HomeMy WebLinkAboutMinutes-4/20/2015April 20, 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, April 20, 2015. Mayor Ernest
G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper. Absent:
Hart.
Moment of Silence.
Pledge of Allegiance: Carolyn Cole, Ward 2 Council Member.
144363 - Welper/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, April 20, 2015,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried.
144364 - Welper/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, April 13,
2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion
carried.
Mayor Clark read a Proclamation declaring April 19-25, 2015, as Arbor Week.
Mayor Clark recognized Shadow Boxers with a Certificate of Appreciation.
CONSENT AGENDA
144365 - 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 April
20, 2015, in the amount of $3,711,437.49, 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. 2015-255.
2. Resolution approving the request of Jeffrey Scott VanGundy for tax
exemptions on the construction of a new home valued at $176,062 for
property located at 1506 Hummingbird Circle, and located in the City
Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2015-256.
3. Resolution approving the request of Irhad Dolic for tax exemptions on the
construction of a new home valued at $180,000 for property located at 1924
Red Tail Dr, and located in the City Limits Urban Revitalization Area
(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2015-257.
4. Resolution authorizing the Memorial Day Board to hold the Memorial Day
Parade, with route approval. Parade will be May 25th, 2015, starting at 10
AM. The route will start at Commercial Street and 5th Street, go west
along Commercial Street, turn north on Park Avenue, turn east on Mulberry
Street, turn south on 5th Street and end at Veterans Memorial Hall,
located on the corner of West 5th Street and Cedar Street..
Resolution adopted and upon approval by Mayor assigned No. 2015-258.
5. Request by Jim Hamlyn, for a variance to the Noise Ordinance for a (21)
Gun Salute/Taps by a veterans group (American Legion/Amvets) for the West
High School class of 1965 (50) Year Class tribute for FALLEN HEROES on
September 18, 2015 at approximately 4:OOpm & 5:OOpm. at Washington Park
and should only last approximately 10 minutes.
Resolution adopted and upon approval by Mayor assigned No. 2015-259.
b. Motion to approve the following:
1.
Travel Requests
April 20, 2015
a.
b.
2.
a.
b.
C.
d.
e.
f.
Page 2
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Steve Carey,
Confined Space
Albert City,
05/12/15 -
$556.00
Instructor (and
possible second
Rescue
IA
05/14/15
Instructor)
Casey's General Store
#2880, 1604 LaPorte
Rd.
B Native Wine, C
Beer
Renewal
04/18/16
Tajah Wright,
HC Housing
Des Moines,
05/12/15 -
$1,465.50
Housing
Quality Standards
IA
05/14/15
Coordinator
Training
Rcncwal
03/31/16
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Ali's C rncr #2, 200
B Winc, C Bccr,
New
Broadway Strcct
E
03/24/16
Liquor
Casey's General Store
#2880, 1604 LaPorte
Rd.
B Native Wine, C
Beer
Renewal
04/18/16
X
Half Pint Saloon, 1831
Independence Avenue
C Liquor
w/Outdoor
Service
Renewal
04/18/16
X
Prime Mart, 508
E Liquor, B
Br Strcct
Rcncwal
03/31/16
adway
Winc, C Bccr
Waterloo Bucks, 850
Park Road
Special C
Liquor,
(Beer/Wine)
w/Outdoor
service
New
10/21/15
X
Five Sullivan Brothers
Convention Center, 200
W. 4th Street
C Liquor
Renewal
04/30/15
X
3. Mayor Clark's recommendation of the following appointments:
Appointee
Board/Commission
Expiration
Date
New or Re -
Appointment
Jerome Amos
Civil Service
Commission
04/13/19
New Appointment
4. Motion to approve Exception to Burning Yard Waste Application for George
Wyth State Park to burn approximately 15 acres of prairie grass between Wyth
Lake and main park road.
5. Motion to approve Cigarette/Tobacco/Nicotine/Vapor Permit Application for
Ali's Corner #2, 200 Broadway Street.
6. Bonds
Roll call vote -Ayes: Six. Motion carried.
Mr. Schmitt asked to have item 1.b.2.d. removed from the consent agenda. Mr.
Lind asked to have item 1.b.2.a. removed from the consent agenda.
Mr. Morrissey questioned the amount listed for item 1.b.l.b.
Julie Snyder, Housing Authority Director, explained that the training is a
required certification and exam by Nan McKay at a cost of almost $1,000 and the
remainder is for a two night hotel stay and meals.
Mayor Clark recognized Jerome Amos for his appointment to the Civil Service
Commission.
144366 - Lind/Schmitt
To approve Item 1.b.2.
a.
Ali's Corner #2, 200
Broadway Street
B Wine, C Beer,
E Liquor
New
03/24/16
X
Roll call vote -Ayes: Four. Nays: Two (Lind, Morrissey). Motion carried.
Mr. Lind questioned why we would want a new license in that location.
Mayor Clark explained that this is a new owner at an established business.
Mr. Morrissey expressed concern with the crime and saturation of licenses in the
area.
April 20, 2015
Page 3
Mr. Schmitt questioned the exact location of this business and the number of
calls actually made to it.
Mayor Clark stated that it is the old KFC building and there have been very few
calls to it.
Dan Trelka, Director of Safety Services, verified the location and the minimal
number of calls to it.
Mr. Jones questioned whether or not the city had legal grounds to deny these
licenses.
Mayor Clark stated that everything Mr. Morrissey and others are concerned with
are all valid, however, the city does not have any legal grounds to deny a
liquor license at this location.
144367 - Schmitt/Morrissey
To approve item 1.b.2
d.
Prime Mart, 508
E Liquor, B
Renewal
03/31/16
X
Broadway Street
Wine, C Beer
Roll call vote -Ayes: Three. Nays: Three. (Lind, Morrissey, Schmitt).
failed.
Motion
Mr. Schmitt questioned if there has been an ongoing history of criminal activity
at this location.
Dan Trelka, Director of Safety Services, explained that there is a lot of
activity but the business cooperates and the activity is spill over from other
locations. There have been 22 reports at this location since January 2014, the
least amount of reports from businesses in this area.
Mr. Morrissey expressed concern with the gun violence in the area and asked for
a broad brush approach to ending the violence. He asked for a moratorium on
issuing liquor licenses.
Mr. Jones stated that there are no legal grounds to deny the licenses and the
Council is under obligation to approve the licenses.
Mayor Clark reminded council of the several denials made a year ago for these
very same reasons. He stated that the establishments are all entitled to appeal
and can continue to sell throughout that process. He also reminded council that
the City's decision was overturned by the state in every one of those cases.
PUBLIC HEARINGS
144368 - Schmitt/Welper
that proof of publication of notice of public hearing on 2015 Lift Stations &
Complaint Mowings with Complaint Snow Removals, as published in the Waterloo
Courier on April 6, 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.
144369 - Schmitt/Welper
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
144370 - Schmitt/Welper
that the "Resolution confirming approval of bid documents, specifications, form
of contract, etc. for the 2015 Lift Stations & Complaint Mowings with Complaint
Snow Removals", be adopted. Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-260.
144371 - Schmitt/Welper
that the "Resolution authorizing to proceed in conjunction with the 2015 Lift
Stations & Complaint Mowings with Complaint Snow Removals", be adopted. Roll -
call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-261.
April 20, 2015 Page 4
144372 - Schmitt/Welper
Motion to receive and file and instruct City Clerk to read bids and refer to
Waste Management Services for review.
Bidder
Bid Security
Bid Amount
B & B Lawn Care, Inc.
Waterloo, IA
$1,500.00
Option A - $325.00
Option B - $595.00
Option C - $ 70.00
Option D - $250.00
Option E - $ 70.00
Robert Hauptly
203 Bishop Ave.
Waterloo, IA
$1,500.00
Option A - $295.00
Option B - $345.00
Option C - $ 33.00
Option D - $ 50.00
Option E - $ 33.00
Voice vote -Ayes: Six. Motion carried.
144373 - Morrissey/Welper
that proof of publication of notice of public hearing on 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 Blackhawk St and northwest of West 17th
Street and rescinding Ordinance No. 5266, as published in the Waterloo Courier
on April 7, 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.
144374 - Morrissey/Welper
that the hearing be closed and recommendation of approval of the Planning,
Programming and Zoning Commission be placed on file. Voice vote -Ayes: Six.
Motion carried.
144375 - Morrissey/Welper
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 Blackhawk St
and northwest of West 17th Street and rescinding Ordinance No. 5266", be
received, placed on file, considered and passed for the first time. Roll call
vote -Ayes: Six.
144376 - Morrissey/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six.
144377 - Morrissey/Welper
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 Blackhawk St
and northwest of West 17th Street and rescinding Ordinance No. 5266", be
considered and passed for the second and third times and adopted. Roll call
vote -Ayes: Six. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5277.
144378 - Welper/Morrissey
that proof of publication of notice of public hearing on the Development
Agreement with 3 Little Lambs, LLC to authorize the sale and conveyance of City -
owned property located northwest of 1907 Black Hawk Street for $1.00, and
rescinding Resolution No. 2015-155, as published in the Waterloo Courier on
April 16, 2015, be received and placed on file. Voice vote -Ayes: Six. Motion
carried.
April 20, 2015 Page 5
This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
144379 - Welper/Morrissey
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
144380 - Welper/Morrissey
that the "Resolution approving a Development Agreement with 3 Little Lambs, LLC
to authorize the sale and conveyance of City -owned property located northwest of
1907 Black Hawk Street for $1.00, and rescinding Resolution No. 2015-155", be
adopted and authorize Mayor and City Clerk to execute said documents. Roll -call
vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-262.
144381 - Morrissey/Schmitt
that proof of publication of notice of public hearing on 2015 Stump Removal
Project, as published in the Waterloo Courier on April 6, 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.
144382 - Morrissey/Schmitt
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
144383 - Morrissey/Schmitt
that the "Resolution confirming approval of specifications, bid document, form
of contract, etc. for the 2015 Stump Removal Project", be adopted. Roll -call
vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-263.
144384 - Morrissey/Schmitt
that the "Resolution authorizing to proceed in conjunction with the 2015 Stump
Removal Project", be adopted. Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-264.
144385 - Morrissey/Schmitt
Motion to receive and file and instruct City Clerk to read bids and refer to
Leisure Services for review.
Bidder
Bid
Security
Bid Amount
Schaefer Tree & Lawn
801 W. 5th St.
Waterloo, IA
$3,945.00
$78,900.00
$9.00 per inch for
extra stump removal
Twin City Tree Service
1312 Walker St.
Waterloo, IA
5%
$72,000.00
$8.25 per inch for
extra stump removal
Voice vote -Ayes: Six. Motion carried.
144386 - Schmitt/Cole
that proof of publication of notice of public hearing on Purchase of Two (2) 1 -
Ton Pickup Trucks with Dump Box and Plow Package, as published in the Waterloo
Courier on April 6, 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.
144387 - Schmitt/Morrissey
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
April 20, 2015 Page 6
144388 - Schmitt/Cole
that the "Resolution confirming approval of specifications, bid document, etc.
for the Purchase of Two (2) 1 -Ton Pickup Trucks with Dump Box and Plow Package",
be adopted. Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-265.
144389 - Schmitt/Cole
that the "Resolution authorizing to proceed in conjunction with the Purchase of
Two (2) 1 -Ton Pickup Trucks with Dump Box and Plow Package", be adopted. Roll -
call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-266.
144390 - Schmitt/Cole
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
Witham Auto Center
2033 LaPorte Road
Waterloo, IA
N/A
$50,744.00 ea.
Witham Auto Center
2033 LaPorte Road
Waterloo, IA
N/A
$51,844.00 ea.
Bill Colwell
Hudson, IA
N/A
$50,383.00 ea.
Voice vote -Ayes: Six. Motion carried.
144391 - Morrissey/Schmitt
that proof of publication of notice of public hearing on the FY2016 One-year
Action Plan for CDBG and HOME Program Funds for the Waterloo/Cedar Falls HOME
Consortium, as published in the Waterloo Courier on April 14, 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. There are several written objections on file in the Clerk's
Office.
Trisha King, Eye of Needle, 522 Mulberry Street, explained that they served
almost 4,000 people last year. She stated that this is double the number of
people they served in years past.
Cindy Moore, Executive Director YWCA, 425 Lafayette Street, thanked Council for
their support.
Mayor Clark noted that he toured the YWCA and they are doing great work on the
building and in the City.
Barb Grant, Operation Threshold, 1535 Lafayette Street, thanked Council for
their support with the Weatherization Plus and the tenant based rental programs.
Mr. Lind asked that Council move $5,500 from the single family rehabilitation
over to the funds to the YWCA.
144392 - Morrissey/Schmitt
that the hearing be closed and oral and written comments be received and placed
on file and recommendation of approval. Voice vote -Ayes: Six. Motion carried.
144393 - Morrissey/Schmitt
that the "Resolution approving proposed funding recommendations set forth by the
Community Development Board for the FY2016 One-year Action Plan for CDBG and
HOME Program Funds for the Waterloo/Cedar Falls HOME Consortium", be adopted.
Roll -call vote -Nays: Six. Motion failed.
144394 - Lind/Schmitt
that the "Resolution approving proposed funding recommendations set forth by the
Community Development Board for the FY2016 One-year Action Plan for CDBG and
April 20, 2015 Page 7
HOME Program Funds for the Waterloo/Cedar Falls HOME Consortium with the change
of moving $5500 from the Single Family Homes to the YWCA stairs program", be
adopted. Roll -call vote -Ayes: Six. Motion carried.
Council thanked the CDBG Board for their work on the program.
Resolution adopted and upon approval by Mayor assigned No. 2015-267.
RESOLUTIONS
144395 - Morrissey/Schmitt
that "Resolution approving Housing Enterprise Zone Program Agreement No. 14-HEZ-
078 with Iowa Department of Economic Development and Hammond Hills Development,
LLC for the construction of eight (8) new housing units, generally located
within Hammond Hills 6th Addition; and authorize Mayor to execute said
document", be adopted. Roll call vote -Ayes: Five. Nays: One (Lind).
Resolution adopted and upon approval by Mayor assigned No. 2015-268.
144396 - Morrissey/Schmitt
that "Resolution approving Housing Enterprise Zone Program Agreement No. 14-HEZ-
079 with Iowa Department of Economic Development and Hammond Hills Development,
LLC for the construction of four (4) new housing units, generally located within
Hammond Hills 6th Addition; and authorize Mayor to execute said document", be
adopted. Roll call vote -Ayes: Five. Nays: One (Lind).
Resolution adopted and upon approval by Mayor assigned No. 2015-269.
144397 - Morrissey/Schmitt
that "Resolution approving Housing Enterprise Zone Program Agreement No. 14-HEZ-
080 with Iowa Department of Economic Development and Hammond Hills Development,
LLC for the construction of four (4) new housing units, generally located within
Hammond Hills 6th Addition; and authorize Mayor to execute said document", be
adopted. Roll call vote -Ayes: Five. Nays: One (Lind).
Resolution adopted and upon approval by Mayor assigned No. 2015-270.
144398 - Morrissey/Schmitt
that "Resolution approving Housing Enterprise Zone Program Agreement No. 14-HEZ-
081 with Iowa Department of Economic Development and Hammond Hills Development,
LLC for the construction of four (4) new housing units, generally located within
Hammond Hills 6th Addition; and authorize Mayor to execute said document", be
adopted. Roll call vote -Ayes: Five. Nays: One (Lind).
Resolution adopted and upon approval by Mayor assigned No. 2015-271.
144399 - Morrissey/Schmitt
that "Resolution approving Housing Enterprise Zone Program Agreement No. 14-HEZ-
082 with Iowa Department of Economic Development and Hammond Hills Development,
LLC for the construction of four (4) new housing units, generally located within
Hammond Hills 6th Addition; and authorize Mayor to execute said document", be
adopted. Roll call vote -Ayes: Five. Nays: One (Lind).
Resolution adopted and upon approval by Mayor assigned No. 2015-272.
144400 - Morrissey/Schmitt
that "Resolution approving Housing Enterprise Zone Program Agreement No. 14-HEZ-
084 with Iowa Department of Economic Development and Hammond Hills Development,
LLC for the construction of twelve (12) new housing units, generally located
within Hammond Hills 6th Addition; and authorize Mayor to execute said
document", be adopted. Roll call vote -Ayes: Five. Nays: One (Lind).
Resolution adopted and upon approval by Mayor assigned No. 2015-273.
144401 - Morrissey/Schmitt
that "Resolution approving Housing Enterprise Zone Program Agreement No. 14-HEZ-
085 with Iowa Department of Economic Development and Hammond Hills Development,
LLC for the construction of twelve (12) new housing units, generally located
within Hammond Hills 6th Addition; and authorize Mayor to execute said
document", be adopted. Roll call vote -Ayes: Five. Nays: One (Lind).
Resolution adopted and upon approval by Mayor assigned No. 2015-274.
April 20, 2015 Page 8
ORDINANCES
144402 - Cole/Morrissey
that "an Ordinance adding Section 7, Regulation of Roadside Memorials, to
Chapter 1, Streets, Sidewalks and Public Ways of Title 7, Public Ways and
Property, of the 2007 Code of Ordinances", be received, placed on file,
considered and passed for the first time. Roll call vote -Ayes: Five. Nays: One
(Welper). Motion carried.
Mr. Schmitt questioned who will be tasked with enforcing this ordinance.
Mayor Clark noted that it will be enforced by Code Enforcement.
Mr. Welper expressed concern with the words can and may being used in the
ordinance amendment.
Mr. Zellhoefer, City Attorney, explained that the words "can" and "may" are
allowed in the amendment and it gives people the benefit of the doubt. The
Police Department will be able to enforce the ordinance as well.
Mr. Morrissey explained that the Buildings and Grounds Committee had a difficult
time meeting informally to discuss anything because any attempt to do so would
be creating a quorum.
144403 - Cole/Morrissey
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Five. Nays: One (Welper).
Motion failed.
ORAL PRESENTATIONS
Chris Shimp, 2205 Randolph, explained that he is working to create a new
neighborhood association in what he calls the Liberty Park area. The proposed
association will work with the Police Department and the City to keep the area
safe. He provided his phone number for anyone seeking information regarding the
association, 319-883-6472.
Mayor Clark thanked Perry Goodman for his work in getting the neighborhood
associations revitalized.
Jim Chapman, 224 Bertch, asked that the City provide funds for gas for the
Neighborhood patrol cars. He expressed concern with the tone in which Council
communicates with each other.
Bill Kammeyer, 526 Home Park Blvd., asked Council to pass stop, search, and
seizure as a tool for six months to eliminate the gun violence. He asked Mr.
Schmitt to read a newspaper article.
Forest Dillavou, 1725 Huntington Road, asked Council to find $5,000 to keep
Young Arena open for the extended walking hours from 6 a.m. to 8 a.m. He
expressed concern with the TIFs.
Mayor Clark explained that reducing the walking hours is a consequence of
cutting the general fund budget.
Paul Huting, Leisure Services Director, explained that this was an attempt to
try and balance a budget. By opening a few hours later, there is a reduction in
staff time and utilities. There will be individuals impacted by this change. The
Arena will open early when the ice is rented.
Dale Carrol, 130 Tribal Road, questioned the status of the Sink Creek clean out
and if the neighbors could cut some of the trees down that are interfering.
Mayor Clark explained that the funding is in the FY16 Capital Improvement Plan.
Mr. Schmitt read an editorial from the Waterloo Courier regarding Sunshine Week
and open government.
144404 - Welper/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes:
Six. Motion carried.
April 20, 2015 Page 9
ADJOURNMENT
144405 - Welper/Schmitt
that the Council adjourn at 6:42 p.m. Voice vote -Ayes: Six. Motion carried.
Suzy Sch,ares, CMC
City Clerk/Human Resource Director