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HomeMy WebLinkAboutMinutes-11/06/2017November 6, 2017 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, November 6, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Prayer or Moment of Silence: Pastor Jason Falck from Walnut Ridge Baptist Church Pledge of Allegiance: Sandie Greco, Interim Public Works Director 146175 - Welper/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, November 6, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 146176 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, October 23, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Recognition of Waterloo Fire Rescue Business Commendation to Warren Transport, Inc, and Civilian Commendation to Lance Votroubek, Glynna Borwig, and Jeff Wilson. Recognition of coaches and players of the year in Optimist Club Flag Football. ORAL PRESENTATIONS Robert Frost, 4740 Clover Lane, commented on the slow response to get emergency sirens fixed in the community. He further commented on the double yellow line on Ansborough and Hoff Road and that it will become increasingly dangerous as more bikes start to use the intersection. Don Share, 1415 Downing Avenue, invited everyone in the committee to vote tomorrow. David Dreyer, 3145 W. 4th Street, questioned the status of Lafayette School property, Rath Packing Development Agreement, and if the Courier building is for sale. Jon Sherbon, 1715 Robin Road, thanked the Fire Department for their caring and professional work. He further commented that it would be good to know the number of people who are for or against an issue when council receive comments. Mr. Morrissey mentioned that November 17th is adoption day at Black Hawk County Courthouse and that it is important to support families in the community. Council Reports Mr. Morrissey provided an overview of issues discussed at his monthly ward meeting. Bicyclists have reached out to him to ask that developers create a plan for detours for pedestrians and bicyclists for downtown construction projects. Mr. Powers commented on several community events he recently attended and shared a few of the positive things that are going on in Waterloo. Mayor Hart commented that a strategic plan update meeting will take place at the end of the month along with outreach that the Mayor and council need to be working on. The city is currently in audit mode and once the audit is done budget discussions will begin. He further explained that he met with Governor Reynolds and the Lt. Governor and the Executive Board of the Iowa League of Cities on the commercial roll back and that a consent decree update will take place next week. 146177 - Welper/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA November 6, 2017 146178 - Welper/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: Page 2 1. Resolution approving Finance Committee Invoice Summary Report, dated November 6, 2017, in the amount of $1,959,371.92 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. 2017- 900. 2. Resolution setting a date of public hearing as November 20, 2017 to approve the request by Standard Distribution Company, Inc. for a site plan amendment to the "M-2, P" Planned Industrial District to allow for the construction of a 50,000 square foot industrial building with a 26 acre laydown yard, located just north of 3040 Leversee Road, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017- 901. 3. Resolution approving setting a date of public hearing as November 20, 2017 to approve the sale and conveyance of city owned property located north of 3040 Leversee Road, in the amount of $1.00, to SDC Real Estate, L.L.C., including a Development Agreement, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017- 902. 4. Resolution setting a date of public hearing as November 20, 2017 to approve the sale and conveyance of city owned property located near Chalmers Drive and at the Northeast corner of Ansborough and Upton Avenue, in the amount of $15,001, to Village Creek Rentals, LLC, including a Development Agreement, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017- 903. 5. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as December 14, 2017 and date of public hearing as December 18, 2017 for the construction of a vehicle/evidence storage facility, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017- 904. 6. Request from Jack Wilson for a waiver for a concrete driveway located at 827 and 829 E. Ridgeway Avenue with the elimination of the sidewalk section due to the inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2017- 905. 7. Request from Iowa Heartland Habitat for Humanity for a waiver for a concrete driveway located at 721 Eureka Street and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2017- 906. 8. Request from Hawkeye Community College for a waiver for a concrete driveway located at 6315 Hammond Avenue and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2017- 907. 9. Request from Linda Gaul for a waiver to use colored concrete on the concrete approach located at 4238 Suburban Drive. Resolution adopted and upon approval by Mayor assigned No. 2017- 908. November 6, 2017 1. 2. Page 3 10. Resolution approving preliminary plans, specifications, bid documents, etc., setting a date of bid opening as November 16, 2017, and setting a date of public hearing as November 20, 2017, for the Flow Equalization Facility Overflow Connect to Satellite WPCF, City Contract No. 880, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2017- 909. b. Motion to approve the following: a. b. a. b. c. d. e. f. g. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed P.O. Suljic Street Survival Seminar Waterloo, IA July 25-26, 2017 $229 Chris Western, Planner II, Brownfields Coordinator Brownfields 2017 Conference Pittsburgh, PA Dec. 4-7, 2017 $1,725 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday HyVee #1 Clubroom,2834 Ansborough Avenue Special C Liquor Renewal 10/16/2018 x HyVee Wine and Spirits #1, 2126 Kimball Avenue B Wine / C Beer / E Liquor Renewal 11/14/2018 x Kings and Queens, 304 W. 4th Street C Liquor w/Outdoor Service Renewal 11/15/2018 x Kings and Queens, 304 W. 4th Street *Ownership Update* C Liquor w/Outdoor Service New 11/16/2018 x Neighborhood Mart, 2102 Lafayette Street B Wine / C Beer / E Liquor New 11/14/2018 x WCA Building & Amphitheatre, 225 Commercial Street Special C Liquor Renewal 6/21/2018 x Z's Restaurant & Lounge, 3937 W. Airline Highway C Liquor Renewal 10/31/2018 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Ryan Vestal Board of Electrical Examiners and Appeals 11/1/2020 Re -appointment Richard Mott Board of Electrical Examiners and Appeals 11/10/2020 Re -appointment Matthew Chapman Board of Electrical Examiners and Appeals 11/10/2020 Re -appointment Mike Fereday Heating, Ventilation & Air Conditioning Mechanical Board for Licensing & Appeals 11/10/2020 Re -appointment Julie Gardner Heating, Ventilation & Air Conditioning Mechanical Board for Licensing & Appeals 11/10/2020 Re -appointment Travis Young Heating, Ventilation & Air Conditioning Mechanical Board for 11/10/2020 Re -appointment November 6, 2017 Page 4 4. Motion to receive and place on file the 2016 Audit of the Waterloo Water Works. 5. Bonds. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 146179 - Schmitt/Welper that proof of publication of notice of public hearing on Amendment to the City of Waterloo Zoning Ordinance No. 5079 to update multiple sections regarding regulations for Recycling, Junk or Salvage Yards and other miscellaneous updates, as published in the Waterloo Courier on October 27, 2017, 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 comments. John Sherbon, 1715 Robin Road, commented that most of the regulations are federal and that he does not see why the city has waited around so long to get the ordinance approved. 146180 - Schmitt/Welper that the hearing be closed and oral comments and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146181 - Schmitt/Welper that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending Section 10-3-1 Definition of Impound Yard and Recycling, Junk or Salvage Yards, and Section 10-27-1(H)(8) Special Permit Regulations for Recycling, Junk and Salvage Yards", be received, placed on file, considered and passed for the first time. Roll -call vote -Ayes: Seven. Motion carried. Aric Schroeder, City Planner, provided an overview of the proposed changes in the ordinance, which include incorporating provisions of the Iowa ICARE Program. Mr. Schmitt questioned if the city has had recycling yards in violation of state or federal regulations. Aric Schroeder explained that he is not aware of violations and that salvage yards are inspected at least once a year. Mr. Morrissey commented that he has heard that locations on Black Hawk Road and Broadway are not in compliance. He further questioned the grandfathering clause in the ordinance and if locations under five acres with violations would be receive benefit of the grandfathering. Aric Schroeder explained that none of the licensed yards are in violation but unlicensed yards have received tickets. He explained that only one recycling yard that is less than five acres will be grandfathered in and will have to go through an inspection. The location on Broadway would not fit under the grandfather clause. Mr. Morrissey commented that residents he has heard from are not in favor of a recycling yard on Broadway. Licensing & Appeals Mike Mrzlak Memorial Hall Commission 12/31/2020 Re -appointment Craig White Memorial Hall Commission 12/31/2020 Re -appointment Denise DermodyADA Compliance Commission 11/6/2020 New 4. Motion to receive and place on file the 2016 Audit of the Waterloo Water Works. 5. Bonds. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 146179 - Schmitt/Welper that proof of publication of notice of public hearing on Amendment to the City of Waterloo Zoning Ordinance No. 5079 to update multiple sections regarding regulations for Recycling, Junk or Salvage Yards and other miscellaneous updates, as published in the Waterloo Courier on October 27, 2017, 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 comments. John Sherbon, 1715 Robin Road, commented that most of the regulations are federal and that he does not see why the city has waited around so long to get the ordinance approved. 146180 - Schmitt/Welper that the hearing be closed and oral comments and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146181 - Schmitt/Welper that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending Section 10-3-1 Definition of Impound Yard and Recycling, Junk or Salvage Yards, and Section 10-27-1(H)(8) Special Permit Regulations for Recycling, Junk and Salvage Yards", be received, placed on file, considered and passed for the first time. Roll -call vote -Ayes: Seven. Motion carried. Aric Schroeder, City Planner, provided an overview of the proposed changes in the ordinance, which include incorporating provisions of the Iowa ICARE Program. Mr. Schmitt questioned if the city has had recycling yards in violation of state or federal regulations. Aric Schroeder explained that he is not aware of violations and that salvage yards are inspected at least once a year. Mr. Morrissey commented that he has heard that locations on Black Hawk Road and Broadway are not in compliance. He further questioned the grandfathering clause in the ordinance and if locations under five acres with violations would be receive benefit of the grandfathering. Aric Schroeder explained that none of the licensed yards are in violation but unlicensed yards have received tickets. He explained that only one recycling yard that is less than five acres will be grandfathered in and will have to go through an inspection. The location on Broadway would not fit under the grandfather clause. Mr. Morrissey commented that residents he has heard from are not in favor of a recycling yard on Broadway. November 6, 2017 Page 5 Aric Schroeder explained that the Broadway site is currently unable to apply due to the moratorium that is set to lapse in early December. Mr. Morrissey questioned if the ordinance would have an impact on the existing citations. Aric Schroeder explained that he does not believe that the ordinance would impact current tickets. Mr. Schmitt questioned the timeliness of this item. Aric Schroeder explained there is nothing urgent that would require the rules be suspended. 146182 - Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll -call vote -Ayes: Two. Nays: Five (Jacobs, Morrissey, Lind, Amos, and Schmitt). Motion failed. Mayor Hart explained that Item 3, Public Hearing for the Flow Equalization Facility Overflow Connect to Satellite WPFC, has been cancelled and will be rescheduled to a later date. 146183 - Amos/Schmitt that proof of publication of notice of public hearing on the sale and conveyance of city owned property to Rebel Saffold Jr. and Rhonda S. Saffold to purchase city owned property generally located at 408 and 414 Fowler Street, with Development Agreement, as published in the Waterloo Courier on October 27, 2017, 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 comments and there were none. 146184 - Amos/Schmitt that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146185 - Amos/Schmitt that "Resolution authorizing sale and conveyance of city owned property located at 408 and 414 Fowler Street, to Rebel Saffold Jr. and Rhonda S. Saffold in the amount of $1.00 per property, and authorizing the Mayor and City Clerk to execute said agreement", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 910. 146186 - Amos/Schmitt that "Resolution approving a Development Agreement with Rebel Saffold Jr. and Rhonda S. Saffold for the property located 408 and 414 Fowler Street, and authorizing the Mayor and City Clerk to execute said agreement", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 911. 146187 - Welper/Amos that proof of publication of notice of public hearing on the sale and conveyance of city owned property located at the northeast corner of Idaho Street and Martin Luther King, Jr. Drive to The Overland Group, LLC in the amount of $25,000, and approving a Purchase and Sale Contract, as published in the Waterloo Courier on October 27, 2017, 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 comments. November 6, 2017 Page 6 David Dreyer, 3145 W. 4th Street, questioned what determines selling property for $25,000 vs. $1.00. Noel Anderson, Community Planning and Development Director, explained that the applicants where aware of the city policy where they could apply for the purchase in the amount of one dollar, but chose to offer the $25,000. 146188 - Welper/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146189 - Welper/Amos that "Resolution approving the sale and conveyance of city owned property located at the northeast corner of Idaho Street and Martin Luther King, Jr. Drive to The Overland Group, LLC in the amount of $25,000, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll - call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested an overview of the item. Noel Anderson provided an overview of the proposed sale and development of the property. Mr. Schmitt requested information about The Overland Group. Matt Miehe, 1836 Westchester Road, explained that though he could not provide information on the intended use, he could confirm they were going to build. Mr. Schmitt asked if the partners of the group could be identified. Matt Miehe explained that they are an out of state entity. Resolution adopted and upon approval by Mayor assigned No. 2017- 912. 146190 - Welper/Morrissey that "Resolution approving Purchase and Sale Contract between The Overland Group, LLC and the City of Waterloo, Iowa, for the purchase of city -owned property located at the northeast corner of Idaho Street and Martin Luther King, Jr. Drive, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 913. 146191 - Morrissey/Welper that proof of publication of notice of public hearing on the FY 2018 Levee Tree Clearing Cedar River, Contract No. 938, as published in the Waterloo Courier on October 23, 2017, 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 comments and there were none. 146192 - Morrissey/Welper that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146193 - Morrissey/Welper 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. 2017- 914. November 6, 2017 Page 7 146194 - Morrissey/Welper that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 915. 146195 - Morrissey/Welper Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Estimate: $337,713. 00 Bidder Bid Security Bid Amount Vieth Construction Cedar Falls, IA 5% $134,353.00 Hatch Grading & Contracting Dysart, IA o 5 /o $339,703.50 J Pettiecord Bondurant, IA 5% $263,241.50 Twin City Tree Service, LLC Waterloo, IA Check 5% #101566640 $242,312.90 Peterson Contractors, Inc. Reinbeck, IA 5% $453,538.10 Lodge Construction, Inc. Clarksville, IA 5% $291,380.70 Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 146196 - Schmitt/Powers that "Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc. for design services associated with the completion of the Categorical Exclusion Amendment for the FY -2018 FAA funded project at Waterloo Regional Airport in the amount of $31,700, and authorize the Mayor to execute said document", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 916. 146197 - Schmitt/Powers that "Resolution approving Convention and Visitors Bureau Board recommendations for funding the following hotel -motel mini grant application for the Senior Scratch Bowling Association/Cadillac XBC in the amount of $2,231", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 917. 146198 - Schmitt/Powers that "Resolution approving the contract with Tyson Fresh Meats, Inc. of Waterloo, Iowa, and the Iowa Economic Development Authority for High Quality Jobs Program -Tax Credit Component Incentives, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll -call vote -Ayes: Seven. Motion carried. David Dreyer, 3145 W. 4th Street, questioned how much of the incentive is paid for by citizens of Waterloo. Noel Anderson explained that Tyson is not located in a TIF District and explained that the city is a local sponsor for the contractor and that a tax abatement would be provided as determined by Black Hawk County. November 6, 2017 Page 8 Resolution adopted and upon approval by Mayor assigned No. 2017- 918. 146199 - Amos/Morrissey that "Resolution approving FY 2018-2023 Airport Capital Improvement Plan for the Waterloo Regional Airport", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 919. 146200 - Amos/Morrissey that "Resolution awarding the recycling processing facility to support the City of Waterloo's Curbside Recycling Program bid to Cedar Valley Recycling & Transfer of Waterloo, Iowa in the amount of $32,000, for a period of one (1) year and approving contract, bond and certificate of insurance and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 920. 146201- Amos/Morrissey that "Resolution approving Final Quantity Summary for a net increase of $8,007.85 for the FY 2017 Sergeant Road Trail Bridge No. 1 Replacement, Contract No. 917, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 921. 146202 - Morrissey/Powers that "Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Lodge Construction, Inc. of Clarksville, Iowa, at a total cost of $74,163.13 for the FY 2017 Sergeant Road Trail Bridge No. 1 Replacement, Contract No. 917, and receive and file two (2) year maintenance bond", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 922. 146203 - Morrissey/Powers that "Resolution approving a Professional Services Agreement with Great Plains Survey, Inc. for land surveying services within the Northeast Industrial area, in an amount not to exceed $34,101, and authorize the Mayor to execute said document", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 923. 146204 - Morrissey/Amos that "Resolution approving the Agreement for Subdivision Platting with Roger T. Kalsem, Jeffrey L. Swartzendruber and Patricia Swartzendruber, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Six. Abstain: One (Schmitt due to family relation). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 924. 146205 - Morrissey/Amos that "Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-2 Preliminary Plats and Section 11-3-3 Final Plats, relating to approval of a Plat of Survey of Parcel E located adjacent to the proposed extension of Bay Berry Drive", be adopted. Roll -call vote - Ayes: Six. Abstain: One (Schmitt due to family relation). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 925. November 6, 2017 Page 9 146206 - Morrissey/Amos that "Resolution approving the request by Jeffrey L. Swartzendruber and Patricia Swartzendruber to approve a Plat of Survey of Parcel E located adjacent to the proposed extension of Bay Berry Drive", be adopted. Roll -call vote -Ayes: Six. Abstain: One (Schmitt due to family relation. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017- 926. ORDINANCES 146207 - Schmitt/Amos 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 of certain property, located west of 2010 W. Ridgeway Avenue", be considered and passed for the third time and adopted. Roll -call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5424. ADJOURNMENT 146208 - Welper/Morrissey that the Council adjourn at 6:32 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felc City Clerk