HomeMy WebLinkAboutMinutes-11/09/2015November 9, 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, November 9, 2015. Mayor
Ernest G. Clark in the Chair. Roll Call: Jones, Schmitt, Lind, Morrissey, Welper, and
Hart. Absent: Cole.
Moment of Silence.
Pledge of Allegiance: David Jones, Ward 1 Council Member.
145262 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, November 9,
2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion
carried.
145263 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, November 2,
2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion
carried.
Mayor Clark read a Proclamation declaring November 13, 2015 as World Pancreatic
Cancer Day.
Mayor Clark read a Proclamation declaring November 2015 as Adoption Month.
Mayor Clark read a Proclamation declaring November 8 - 14, 2015 as Radiologic
Technology Week.
Mayor Clark recognized David Boesen as the November 2015 Team Member of the
month.
CONSENT AGENDA
145264 - Hart/Welper
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
November 9, 2015, in the amount of $l,703,218.26, 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. 2015-878.
2. Resolution canceling council meeting scheduled for December 28, 2015 due
to the holidays.
Resolution adopted and upon approval by Mayor assigned No. 2015-879.
3. Resolution setting date of hearing as December 7, 2015 to approve the
Amended and Restated East Waterloo Unified Urban Renewal and Redevelopment
Plan, which merges the Midport and Logan Urban Renewal and Redevelopment
Plans, and instruct City Clerk to publish notice, and setting a
consultation with taxing entities on November 20, 2015.
Resolution adopted and upon approval by Mayor assigned No. 2015-880.
b. Motion to approve the following:
a.
b.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Jason Hernandez,
Medical Officer
IEMSA Conference
Des Moines,
IA
11/12/2015
$220.00
Noel Anderson,
Community Planning
& Development
Director
2016 Cedar Valley
Coalition
Washington,
D.C.
2/22-
24/2016
$1,785.00
November 9, 2015
2.
a.
b.
c.
d.
e.
f.
Page 2
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Fareway Stores #951,
40 W. San Marnan Drive
E Liquor / B
Wine / C Beer
Renewal
11/15/2016
Hy -Vee Wine and
Spirits #1, 2126
Kimball Avenue
E Liquor / B
Wine / C Beer
Renewal
11/14/2016
X
Kwik Star #380, 506 W.
9th Street
C Beer
Renewal
11/18/2016
X
Logan Convenience
Store, 735 Logan
Avenue
E Liquor
Renewal
11/11/2016
Knights of Pythias-
Furgerson Lodge #5,
244 Ash Street
(Ownership Update
Only)
C Liquor
New
9/17/2016
Cherry Creek Grill,
1850 W. Ridgeway Ave,
Suite 5
C Liquor
w/Outdoor
Service
New
10/31/2016
X
3. Bonds
Roll call vote -Ayes: Six. Motion carried.
PUBLIC HEARINGS
145265 - Schmitt/Welper
that proof of publication of notice of public hearing on request to vacate sell
and convey a 1,920 square foot portion of an existing alley located north of
1317 West llth Street to Curtis and Carrie Schultz for $200 and to establish a
permanent driveway to an existing detached garage, with a development agreement,
as published in the Waterloo Courier on October 30, 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.
145266 - Schmitt/Welper
that the hearing be closed and recommendation of the Planning and Zoning
Commission be received and placed on file. Voice vote -Ayes: Six. Motion
carried.
145267 - Schmitt/Welper
that "an Ordinance approving a request by Curt and Carrie Schultz to vacate sell
and convey a 1,920 square foot portion of an existing alley located north of
1317 West llth Street to Curtis and Carrie Schultz for $200 and to establish a
permanent driveway to an existing detached garage, with a development
agreement", be received, placed on file, considered and passed for the first
time. Roll call vote -Ayes: Six. Motion carried.
145268 - Schmitt/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Two (Lind,
Schmitt). Motion failed.
RESOLUTIONS
145269 - Morrissey/Hart
that "Resolution approving Iowa Department of Natural Resources Wastewater
Disposal System Construction Permit Application Fee Form and Construction Permit
Application Schedule A, General Information for the FY 2016 NE Industrial Park
Sanitary Sewer and Water Main Extension, Contract 900, and authorizing Mayor to
sign said application", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-881.
ORDINANCES
145270 - Morrissey/Welper
November 9, 2015 Page 3
that "an Ordinance amending the 2001 City Code by repealing Title 4, Public
Health and Safety, Chapter 4, Litter Control, Subsection 4-4-1 Definitions,
Enforcement Authority, in its entirety and insert in lieu thereof a new
enforcement authority to Title 4, Public Health and Safety, Chapter 4, Litter
Control, Subsection 4-4-1 Definitions, and amending Chapter 5, Municipal
Officials, Subsection, City Attorney, 1 -5D -2D, Additional Duties, in its
entirety; and inserting in lieu thereof a new subsection 1 -5D -2D, Additional
Duties", be received, placed on file, considered and passed for the first time.
Roll call vote -Ayes: Four. Nays: Two. (Schmitt, Lind). Motion carried.
Mayor Clark explained that these ordinances move the Code Enforcement Division
from Waste Management to the City Attorney's Office.
145271 - Morrissey/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Three. Nays: Three (Hart,
Schmitt, Lind). Motion failed.
OTHER COUNCIL BUSINESS
145272 - Schmitt/Hart
that "Resolution approving an Exception to Burning Yard Waste Application by
Chris Hesse on behalf of Con -Trot to burn a large brush pile, 30 feet in
diameter, located at 2950 Newell Street in December (weather and wind
permitting)", be adopted. (Staff recommends denial) Roll call vote -Ayes: One.
Nays: Five (Jones, Schmitt, Morrissey, Welper, Hart). Motion failed.
Pat Treloar, Chief of Fire Services, explained that the City of Waterloo has a
perpetual burn ban that has two exceptions for fireworks and prairie grass. This
request does not fall under those exceptions and the brush pile is fairly large
and close to businesses in that area. The Fire Department requests denial.
Chris Hess, Iowa ConTrol, explained that the cost involved to clear the mess is
why the company is requesting to burn the pile.
Mayor Clark explained that Council has denied requests such as this in the past.
Mr. Morrissey questioned what the DNR's position on this burn would be.
Pat Treloar explained that it is in violation of Iowa Administrative Code. He
explained that in 2010 he erred in allowing a burn of this kind and similar
applications have been denied in the past.
Mr. Schmitt questioned if burning is banned in the whole state.
Pat Treloar clarified that only certain types of burning is banned statewide and
the state of Iowa has a code section regulating burning.
Mr. Jones expressed concern with the fire being so close to other businesses.
Chris Hesse questioned if the person living in the closest home signed off to
allow the burn and noted that he would give great consideration to wind
conditions and weather if the burn is allowed.
Pat Treloar reiterated that, in the interest of consistency, other requests such
as this have been denied in the past.
ORAL PRESENTATIONS
Dwayne Eilers, 1205 Bishop Street, questioned which car dealerships without
paved driveways are grandfathered in, if his client is also permitted to
continue to conduct business until May when Code Enforcement steps up
enforcement, and if their tickets will be rescinded. He questioned if an
investigation will be done on the inspector who cut the electricity off to his
property.
Mayor Clark stated that there would be no investigation done by the Mayor's
office regarding his claim against any city inspector. He recommended Mr.
Eilers file a police report with the Waterloo Police Department if he feels as
though a crime was committed at his property. Mayor also clarified car lots are
only the beginning point in the enforcement of these city codes and the letter
sent out from the city gave contact information for those with questions and
"grandfathering" would be addressed as well. He ended by asking Mr. Filers to
come to his office for the answers to any questions he may not have answered.
John Sherban, 1715 Robin Road, questioned if moving Code Enforcement to the City
Attorney's office would cost the city more or less money.
November 9, 2015 Page 4
Mayor Clark explained that there will be no change in the cost for Code
Enforcement or the City Attorney as a result of the move.
David Dryer, 3145 W. 4th Street, asked for an update on the cost for the new
chain link fence at the brush dump site.
Mayor Clark stated that the cost for that fence was $15,350.00 and was approved
by the finance committee on September 8th and the reason for the expense was to
prevent illegal dumping at that site.
Jim Chapman, 224 Bertch, questioned if the city is aware of issues ConAgra is
facing in other parts of the country.
Mayor Clark clarified that the issues are simply a downsizing and a move into
the City of Waterloo.
Mayor Clark expressed his gratitude for the courage it took for all the
individuals who ran for City office.
Wayne Nathem thanked the Mayor for recognizing him and congratulated Tim Hurley
and Quentin Hart on the result.
Mayor Clark announced that the Carol Akin family, with the help of VGM
Corporation and James Walsh, has generously donated a electric wheelchair to ADA
Commission member Bruce Kaiser.
145273 - Hart/Welper
that the above oral comments be received and placed on file. Voice vote -Ayes:
Six. Motion carried.
145274 - Hart/Welper
that the council adjourn to Executive Session at 6:19 p.m. Roll call vote -Ayes:
Six. Motion carried.
City Attorney Dave Zellhoefer stated that discussion of Litigation is an
approved topic of Executive Session pursuant to Iowa Code Section
21.5(1)(c)(2015).
EXECUTIVE SESSION
145275 - Hart/Schmitt
that the council adjourn Executive Session at 6:43 p.m. Voice vote -Ayes: Six.
Motion carried.
ADJOURNMENT
145276 - Hart/Schmitt
that the Council adjourn at 6:43 p.m. Voice vote -Ayes: Six. Motion carried.
Suzy Sch res, CMC
City Clerk/Human Resource Director