HomeMy WebLinkAboutMinutes-9/14/2015September 14, 2015
The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council
Chambers, Waterloo, Iowa, at 5:30 PM, on Monday, September 14, 2015. Mayor Ernest G. Clark in the
Chair.
Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart.
Moment of Silence.
Pledge of Allegiance: Julie Snider, Housing Authority Director
145014-Hart/Schmitt
That the Agenda, as amended by adding three travel requests inadvertently omitted
from the Council agenda, for the Regular Session on Monday, September 14, 2015, at
5:30 p.m., be accepted and approved. Voice Vote -AYES: Seven. Motion carried.
145015-Hart/Schmitt
That the Minutes, as proposed, for the Regular Session on Tuesday September 8,
2015, at 5:30 p.m., be accepted and approved. Voice Vote -AYES: Seven. Motion
carried.
Proclamation declaring September 17-23, 2015 as Constitution Week.
Acceptance of check from HyVee proceeds from Stem & Stein Event.
Consent Agenda:
145016-Hart/Schmitt - that the following items on the consent agenda be received, placed
on file and approved:
a. Resolution to approve the following:
1. Resolution approving Finance Committee Invoice Summary Report, dated
September 14, 2015, in the amount of $3,130,352.37, 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. 2015-715.
2. Cancellation of several assessments; and authorize City Clerk to notify
Black Hawk County Treasurer of said cancellations:
310 Columbia Street - $120.49
3807 Cadillac Drive - $59.07
935 Adrian Street - $40.28
122 N. Barclay Street - $137.75
615 Marsh Street - $57.44
Resolution adopted and upon approval by Mayor assigned No. 2015-716.
3. Resolution approving request for the National Day of Remembrance Walk for
Murder Victims to walk in downtown Waterloo on September 25th, 2015 at 5:30
p.m. starting and ending at the Amphitheater.
Resolution adopted and upon approval by Mayor assigned No. 2015-717.
4. Request from West High to hold its Homecoming Parade on October 2, 2015
starting at 1:30 p.m. beginning and ending at West High, along with
intersection control and street closures.
Resolution adopted and upon approval by Mayor assigned No. 2015-718.
5. Request from Western Home to hold the a Walk to End Alzheimer's on September
26th at 8:30 a.m., starting in the Amphitheater, walking downtown, and
ending at the Amphitheater.
Resolution adopted and upon approval by Mayor assigned No. 2015-719.
6. Request from Michael Shorter for a waiver for an asphalt driveway with the
elimination of the sidewalk section, located at 3615 University Avenue (U -
Haul).
Resolution adopted and upon approval by Mayor assigned No. 2015-720.
7. Resolution approving preliminary plans, specifications, form of contract,
etc. and publish an official notice pertinent to the taking of bids and
request to receive and open the bid proposals for demolition services for
the former Tri -City Clothing building located at 711 Logan Avenue, on
Thursday September 24, 2015, and to set a date of public hearing for
September 28, 2015.
Resolution adopted and upon approval by Mayor assigned No. 2015-721.
September 14, 2015
8. Request from Damir Brakic for a waiver for an asphalt driveways to be
located at 3105 Lafayette Street, and authorizing construction of asphalt
driveways on City right of way on 1) an unimproved street (Osage Avenue),
and 2) the elimination of the sidewalk section due to the inability to meet
grade requirements of the Driveway and Sidewalk Specifications, Section 18
(Lafayette Street).
Resolution adopted and upon approval by Mayor assigned No. 2015-722.
9. Request from Inez Murtha for a waiver for a concrete driveway located at
2313 Spring View Street with the elimination of the sidewalk section due to
the inability to meet grade requirements of the Driveway and
Sidewalk Specifications, Section 18.
Resolution adopted and upon approval by Mayor assigned No. 2015-723.
10. Resolution approving preliminary plans specifications and form of contract,
etc. in conjunction with the Waterloo Center for the Arts Schoitz Room
Renovation Project, and setting date of bid opening as October 1, 2015, at
1:00 p.m. in the City Clerk's Office, and setting date of hearing for
October 5, 2015, and instruct City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2015-724.
11. Resolution setting a date of hearing of September 28, 2015 for the request
by the Waterloo Historic Preservation Commission to designate the Campbell
Baking Co. Building (locally known as the Wonder Bread Building) as a local
historic landmark, located at 325 Commercial Street, and instruct City Clerk
to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2015-725.
12. Resolution approving preliminary plans, specifications, foLm of contract
etc. and setting date of bid opening as October 1, 2015 and date of public
hearing as October 5, 2015 for the Purchase of One (1) Fire Emergency
Response Vehicle and instruct City Clerk to publish notice of plans,
specifications, form of contract etc.
Resolution adopted and upon approval by Mayor assigned No. 2015-726.
13. Resolution setting the date of public hearing as September 28, 2015 to
approve a request by New Directions Counseling Services, PLLC to rezone 0.61
acres of land from "R-3," Multiple Residence District to "R -3,C -Z"
Conditional Zoning District for the purpose of establishing a counseling
services professional office, located at 1310 Solar Drive.
Resolution adopted and upon approval by Mayor assigned No. 2015-727.
b. Motion to approve the following:
1. TRAVEL REQUESTS
Brian Baker, Chief HVAC Inspector
Class/Meeting: IOWACE 2015 Fall Conference
Destination: Urbandale, IA
Dates: October 22-23, 2015 Amount not to exceed: $140.00
2. LIQUOR LICENSES
Rudy's Tacos -Beer Hall -Lava Lounge, 2401 Falls Avenue
Class: C Liquor/Brew Pub Renewal Application Does not include Sunday
Expiration Date: 9/27/2016
Mama Nick's Circle Pizzeria, 1934 Washington Street
Class: C Liquor Renewal Application Includes Sunday
Expiration Date: 9/9/2016
Panda House, 1415 E. San Marnan Drive
Class: B Beer New Application Includes Sunday
Expiration Date: 9/10/2016
3. APPOINTMENTS
Jeff Kurtz
Board/Commission: Complete Streets Advisory Committee
Expiration Date: None New Appointment
4. Recommendation of appointment of Jerry Locke to the position of Equipment
Operator II in the Street Department, effective September 15, 2015.
5. Recommendation of appointment of Matt Boquist to the position of Equipment
Operator II in the Street Department, effective September 21, 2015.
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September 14, 2015
6. Recommendation of appointment of Mike Yerkes to the position of Equipment
Operator II in the Street Department, effective September 28, 2015.
Roll Call Vote -AYES: Seven. Motion carried.
PUBLIC HEARINGS
145017-Schmitt/Hart
That proof of publication of notice of public hearing on Sidewalk Inspection and
Repair Program -Zone 5, published in the Courier on September 3, 2015 and September
10, 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.
Wayne Castle, Associate Engineer, provided an overview of the program. He explained
the Engineering Department is still willing to work with contractors who are close to
completing their work but stressed projects need to be wrapped up soon.
Tom Boysen is a licensed and bonded contractor and asked for permission to pull a
late permit to complete the work himself.
Wayne Castle explained he tries to deter people from doing work late in the season
as many who asked for extensions last year did not get the work done. He thinks Mr.
Boysen can do the work it but up to council to decide.
Mayor Clark asked what parameters would need to be in place in order for Mr. Boysen
to complete the work.
Wayne Castle explained he needs to pay the late permit fee of $200.00 and will have
30 days to complete the work or the property will be assessed.
Mayor Clark noted the parameters are reasonable and the agreement will be as such.
Robert Green, 4736 Luxley Drive, expressed dissatisfaction with the sidewalk repair
program.
Shameem Husain, 3863 Page Drive and 1216 Oleson Road, has pulled a permit and is
requesting more time to complete the sidewalk repairs.
Mayor Clark questioned if Ms. Husain has a hired contractor or will complete the
work herself.
Ms. Husain explained she and her husband will complete the work themselves.
Wayne Castle explained Ms. Husain has pulled two permits and they are bonded to do
the work.
Mayor Clark directed Wayne and Ms. Husain to work out an agreement to complete the
work.
145018-Schmitt/Hart
That the hearing be closed and oral comments be placed on file. Voice Vote -AYES:
Seven. Motion carried.
Mr. Jones asked for an overview of the sidewalk repair program.
Wayne Castle explained the assessment program is outlined by Iowa Code. The State of
Iowa sets the bar on the maximum amount that can be charged to property owners to
complete construction work. The Engineering Department develops an estimate that
cannot be exceeded by Iowa Code.
145019-Schmitt/Hart
That Resolution authorizing to proceed with Sidewalk Inspection and Repair --Zone 5, be
approved. Roll Call Vote -AYES: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-728.
145020-Hart/Lind
That proof of publication of notice of public hearing on FY 2016 Sidewalk Repair
Assessment Program --Zone 5, Contract No. 892, published in the Courier on September
3, 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.
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September 14, 2015
145021-Hart/Morrissey
That the hearing be closed and oral comments be placed on file. Voice Vote -AYES:
Seven. Motion carried.
Mr. Lind questioned what happens if the bid comes in lower than the Engineering
Department's estimate to complete the work.
Wayne Castle explained if the bid comes in lower the City keeps the assessed amount
at the current rate in order to recoup their internal expenses for running the
program.
145022-Hart/Morrissey
That Resolution confirming approval of plans, specifications, form of contract, etc.
in conjunction with the FY 2016 Sidewalk Repair Assessment Program --Zone 5, Contract
No. 892, be approved. Roll Call Vote -AYES: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-729.
145023-Hart/Morrissey
That Resolution authorizing to proceed with the FY 2016 Sidewalk Repair Assessment
Program --Zone 5, Contract No. 892, be approved. Roll Call Vote -AYES: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-730.
145024-Hart/Welper
Motion to receive and file and instruct City Clerk to read bids and refer bids to City
Engineer for review. Voice Vote -AYES: Seven. Motion carried.
Bidder
Bid Security
Bid Amount
Midwest Concrete Inc.
Peosta, IA
5%
$261,963.98
J.Q. Construction, LLC
No bid security provided at
the time of bid opening
$262,848.15
145025-Welper/Hart
That proof of publication of notice of public hearing on FY 2016 4th Street
Streetscape Repairs, Contract No. 889, published in the Courier on August 28, 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.
Forest Dillavou, 1725 Huntington Road, asked for an explanation on streetscape
repairs.
Eric Thorson, City Engineer, explained the project will repair bricks and tree grates
along East and West 4th Street.
Forest Dillavou questioned if TIF funds would be utilized for the project.
Michelle Weidner, Chief Financial Officer, explained TIF funds could be used but were
not requested for the project.
Eric Thorson explained he requested the use of bond funds for the project.
Forest Dillavou expressed dissatisfaction with the use of bond funds.
145026-Welper/Hart
That the hearing be closed and oral comments be placed on file. Voice Vote -AYES:
Seven. Motion carried.
Mr. Jones noted he would like TIF funds to be used for the project.
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September 14, 2015
Michelle Weidner explained TIF funds can still be used but will require another bond
hearing to switch to TIF funds.
John Sherbon, 1715 Robin Road, questioned if taxpayers pay the interest on bonds and
if it would be cheaper to use TIF.
Michelle Weidner explained how interest is paid on bonds and that all citizens pay
for TIF and bond funds.
145027-Welper/Hart
That Resolution confirming approval of plans, specifications, form of contract, etc.,
in conjunction with the FY 2016 4th Street Streetscape Repairs, Contract No. 889, be
approved. Roll Call Vote -AYES: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-731.
145028-Hart/Welper
That Resolution authorizing to proceed with the FY 2016 4th Street Streetscape
Repairs, Contract No. 889, be approved. Roll Call Vote -AYES: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-732.
145029-Welper/Hart
Motion to receive and file and instruct City Clerk to read bids and refer bids to City
Engineer for review. Voice Vote -AYES: Seven. Motion carried.
Bidder
Bid Security
Bid Amount
Mike Dolan Concrete &
Masonry, Inc.
5%
0
Div. I $50,618.40
Div. II $90,092.20
TOTAL $140,710.60
Hardscape Solutions of
Iowa,
Inc.
Marion, IA
5%
Div. I $45,498.00
Div. II $66,461.20
TOTAL $111,959.20
RESOLUTIONS
145030-Cole/Hart
That Resolution awarding bid for one (1) 2016 F-450 Type 1 Ambulance with a 172"
Modular to Klocke's Emergency Vehicles in the amount of $197,897 for Waterloo Fire
Rescue, be approved. Roll Call Vote -AYES: Seven. Motion carried.
Mr. Jones questioned the necessity of the purchase.
Dan Trelka, Director of Public Safety, explained the ambulance was at the end of its
career.
Mr. Jones questioned if the old ambulance will be traded or sold.
Dan Trelka explained Council would get to vote on how the old ambulance is discarded
at an upcoming meeting.
Resolution adopted and upon approval by Mayor assigned No. 2015-733.
145031-Cole/Hart
That Resolution approving completion of project and recommendation of acceptance of
work performed by B&B Builders Inc. of Waterloo, Iowa at a total cost of $44,500 in
conjunction with FY2015 Upper Gates Park Shelter Project, be approved. Roll Call Vote
-AYES: Seven. Motion carried.
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September 14, 2015
Resolution adopted and upon approval by Mayor assigned No. 2015-734.
145032-Cole/Hart
That Resolution approving Completion of Project and Recommendation of Acceptance of
Work performed by Nagle Signs Inc. of Waterloo, Iowa at a total cost of $141,647.50 in
conjunction with the Riverfront Sports Park #7-#8 Lighting Project, be approved. Roll
Call Vote -AYES: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-735.
145033-Morrissey/Hart
That Resolution approving Development Agreement with Prairie Legacy Ventures, LLC
(Hawkeye Stages) for the construction of a 15,000 sq. ft. industrial building (Phase
I) and a 15,000 sq. ft. expansion (Phase II) generally located at the intersection of
Highway 63 and Ridgeway Avenue, adding $1.2 million and $1.0 million in two phases to
the site, and conveying the land to the company for $1.00, as well as 5 years of tax
rebates at 80 percent, and 5 years of tax rebates at thirty percent, and authorize
Mayor to execute said agreement. Roll Call Vote -AYES: Six. Motion carried.
Mr. Jones questioned Noel Anderson about a quote he gave to the Waterloo -Cedar Falls
Courier on September 13, 2015, regarding development incentive packages.
Noel Anderson, Community Planning and Development Director, explained an incentive
package was put forth to use land and tax rebates.
Mr. Jones questioned if Waterloo has to offer more incentives to compete with Cedar
Falls.
Noel Anderson explained that Waterloo does have to offer more incentives to compete
with Cedar Falls.
Mr. Jones questioned how long it would take to repay the investment.
Noel Anderson noted it would take approximately 11 years to pay off the investment.
Mr. Hart questioned how much revenue the land is currently generating.
Noel Anderson explained the land is assessed as Agricultural ground and generates a
couple hundred dollars per year.
Mr. Lind questioned why the City paid a high price for agricultural land.
Noel Anderson explained the land's intended use is for economic development. The
assessor does not take the intended use into account. They assess based on the
current use of the land, which has been for farming.
Mr. Jones questioned how much tax revenue the development will generate in twelve
years.
Noel Anderson explained he did not have the figure on hand but will share it with
Council after the meeting.
Mr. Jones noted Hawkeye Stages is making a long-term investment in the community.
Mr. Morrissey requested developers receiving incentives attend Council meetings.
Resolution adopted and upon approval by Mayor assigned No. 2015-736.
ORDINANCES
145034-Schmitt/Hart receive, file, consider, and pass for the first time.
That an Ordinance amending the 2008 Traffic Code by repealing Subsection (4) Fifth
Street (W) and Western Avenue of Section 581, School Stop Signs, in its entirety, be
received, filed, considered, and passed for the first time. Roll Call Vote -AYES:
Seven. Motion carried.
145035-Schmitt/Lind
That rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Roll Call Vote -AYES: Seven. Motion carried.
145036-Schmitt/Lind
That an Ordinance amending the 2008 Traffic Code by repealing Subsection (4) Fifth
Street (W) and Western Avenue of Section 581, School Stop Signs, in its entirety, be
considered and passed for the second and third times and adopted. Roll Call
Vote -AYES: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5303.
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September 14, 2015
145037-Morrissey/Hart
That an Ordinance amending the 2008 Traffic Code that Subsection (22) West Fifth
Street from Baltimore Street to Locust Street, of Section 541, Fifth Street from
Baltimore Street to Locust Street Increasing Speed Limits in Certain Areas, and
enacting in lieu thereof a new Subsection (22) of Section 541, Increasing Speed Limits
in Certain Areas—Fifth Street Northbound—from Baltimore Street to Locust Street 25MPH
(Monday through Friday, 8:a.m. to 9:00 a.m. to 4:15 p.m. during school) All Other
Times 35 MPH, be received, filed, considered, and passed for the first
time. Roll Call Vote -AYES: Seven. Motion carried.
145038-Morrissey/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.
145039-Morrissey/Hart
That an Ordinance amending the 2008 Traffic Code that Subsection (22) West Fifth
Street from Baltimore Street to Locust Street, of Section 541, Fifth Street from
Baltimore Street to Locust Street Increasing Speed Limits in Certain Areas, and
enacting in lieu thereof a new Subsection (22) of Section 541, Increasing Speed Limits
in Certain Areas—Fifth Street Northbound—from Baltimore Street to Locust Street 25MPH
(Monday through Friday, 8:a.m. to 9:00 a.m. to 4:15 p.m. during school) All Other
Times 35 MPH, be considered and passed for the second and third times and
adopted. Roll Call Vote -AYES: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5304.
OTHER COUNCIL BUSINESS
145040-Hart/Morrissey
Motion to accept and place on file the arbitrage test results reflecting that no
payment is due to the Internal Revenue Service for the General Obligation Bonds,
Series 2010A, issued in June 2010. Voice Vote -AYES: Seven. Motion carried.
ORAL PRESENTATIONS
145041-Hart/Lind
Jerry Shatzer, 1829 W. 7th Street, commended the Police Department for their
professionalism and prompt response time. Mr. Shatzer expressed concern regarding
forest fires in California and pending litigation with Sunnyside South, and thanked
Mr. Schmitt and Mr. Lind for their concern with employees living outside Waterloo.
Jim Chapman, 224 Birch, questioned the financial health of the City.
Forest Dillavou 1725 Huntington Road, suggested the Engineering Department should be
required to discuss funding for infrastructure at City Council meetings.
David Dryer, 3145 West 4th Street, requested financial reports on all TIF Districts.
John Sherbon, 1715 Robin Road, requested the public receive information regarding
payoff schedules for development agreements.
Bill Kammeyer, 526 Home Park Boulevard, explained he does not think citizens should
have to come to City Hall to get answers to questions.
Mr. Hart presented thank you cards to Council from students at Blessed Mary Assunta
Pollota Middle School. The cards thanked Council for their service to the City and
are in commemoration of September llth.
Mayor Clark shared that VGM was named the number one large company to work for in the
state.
That the above oral comments be received and placed on file. Voice Vote -AYES: Seven.
Motion carried.
ADJOURNMENT
145042-Hart/Lind
That the Council adjourn at 6:40 p.m. Voice Vote—AYES: Seven. Motion carried.
itt,
elle Felchle,
ty City Clerk
Page 7