HomeMy WebLinkAboutMinutes-05/14/2012May 14, 2012
The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council
Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, May 14, 2012. Mayor Ernest G. Clark
in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Brad Hagen, Airport Director.
137962 - Hart/Schmitt
that the Agenda, as amended adding the grant amounts for item #4, for the
Regular Session on Monday, May 14, 2012, at 5:30 p.m., be accepted and approved.
Voice vote -Ayes: Seven. Motion carried.
137963 - Hart/Schmitt
that the Minutes, as proposed, for the May 7, 2012, Regular Session and May 3,
2012, Special Session, be accepted and approved. Voice vote -Ayes: Seven.
Motion carried.
Mayor Clark recognized Cammie Scully for 30 years of service.
Mayor Clark read a Proclamation declaring Saturday, May 19, 2012 as Cold War
Veterans Day.
Mayor Clark read a Proclamation declaring the week of May 14-18, 2012 as
National Police Week.
Mayor Clark read a Proclamation declaring Tuesday, May 15, 2012 as Peace
Officer's Memorial Day and order all flags on all City facilities to be flown at
half-staff.
CONSENT AGENDA
137964 - 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 Accounts Payable Invoice Report, pp. 1-46, dated May
14, 2012, in the amount of $2,354,735.06, 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. 2012-431.
2. Request Waterloo Convention Visitors Bureau for police assistance during
the Tractor Cruise U.S.A. event on Thursday, May 24, 2012 and Friday, May
25, 2012, with tractor drivers to enter and exit from the 5 Sullivan
Brothers Convention Center, together with recommendation of approval of
Director of Safety Services -Submitted by Joe Leibold, Captain of Police
Services.
Resolution adopted and upon approval by Mayor assigned No. 2012-432.
3. Request of East High School to hold East High End of Year BBQ event to be
held on Wednesday, May 16, 2012 from 10:00 a.m. to 4:00 p.m. and Women of
Tomorrow Celebrations event to be held on Friday, May 18, 2012 from 4:00
p.m. to 8:00 p.m., with permission to close High Street from Lime Street
to Vine Street, together with recommendation of approval of Director of
Safety Services -Submitted by Joe Leibold, Captain of Police Services.
Resolution adopted and upon approval by Mayor assigned No. 2012-433.
4. Request of the Cedar Valley Irish Cultural Association to hold 6th Annual
Iowa Irish Fest event on August 3-5, 2012 at Lincoln Park, including
closing the following streets from 8:00 a.m. on August 2, 2012 through
5:00 p.m. August 6, 2012: 4th Street from Franklin to Lafayette; Mulberry
Street from Park Avenue to 5th Street; Park Avenue from Mulberry Street to
Franklin Street; together with recommendation of approval of Director of
Safety Services -Submitted by Joe Leibold, Captain of Police Services.
Resolution adopted and upon approval by Mayor assigned No. 2012-434.
May 14, 2012 Page 2
5. Request of Bill Gavin of Iowa Irish Fest Committee to hold 5K Walk/Run
event to start and finish at 4th and Mulberry Street on Saturday, August
4, 2012 from 6:15 a.m. to 9:00 a.m., together with recommendation of
approval of Director of Safety Services -Submitted by Joe Leibold, Captain
of Police Services.
Resolution adopted and upon approval by Mayor assigned No. 2012-435.
6. Request of Cedar Valley Irish Cultural Association Inc. for Iowa Irish
Fest for a variance to the Noise Ordinance on Friday, August 3, 2012 and
Saturday, August 4, 2012 from 10:00 a.m. to 12:00 a.m. in conjunction with
Iowa Irish Fest events that will be held at Lincoln Park and 4th Street
from Mulberry to Lafayette Streets, including live band and PA system,
together with recommendation of approval of Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2012-436.
7. Request of Mike Robinson of Heal the Family Inc. for a variance to the
Noise Ordinance on Saturday, August 18, 2012 from 11:00 a.m. to 4:00 p.m.
in conjunction with 3rd Annual Take Back Our Community event to be held at
Sullivan Park including a band/DJ and the use of a PA system, together
with recommendation of approval of Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2012-437.
b. Motion to approve the following:
1. Motion to receive and file Mayor Clark's recommendation of the following
appointments:
Appointee
Board/Commission
Expiration Date
New or Re -
Appointment
Neil Francois
ADA Compliance Commission
May 14, 2015
New Appointment
Emily Mullen
ADA Compliance Commission
May 14, 2015
New Appointment
2. Recommendation of appointment of Phillip Thompson to the position of Park
Maintenance II - Forestry, effective May 29, 2012 -Submitted by Paul
Huting, Leisure Services Director
3. Recommendation of appointment of Josh Fuller to the position of Park
Maintenance IV Plumber, effective May 21, 2012 -Submitted by Craig Clark,
Building Official/Maintenance Administrator
Outdoor Service Area Application
4. Elk's #290, 407 E. Park Avenue (5/18/2012 to 5/19/2012)
5. Elk's #290, 407 E. Park Avenue (5/25/2012 to 5/26/2012)
Vehicle For Hire Business License Permit Application
6. First Call Taxi, 1835 Independence Avenue
7. Q King Taxi, 506 Oak Street, Decorah, Iowa
8. The Loop Taxi & Transportation Co. LLC, 121 Webster Street
Cigarette Permit Application
9. Family Dollar Stores, 1340 Logan Avenue
10.Family Dollar Stores, 611 Broadway Street
11.Family Dollar Stores, 1120 Franklin Street
12.Bonds
Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt abstained from the
bills payment to Schmitt Telecom.
Mayor Clark recognized the new employees and the new board appointments.
PUBLIC HEARINGS
137965 - Schmitt/Hart
that proof of publication of notice of public hearing on F.Y. 2012 East Donald
Street Improvements, Contract No. 797, as published in the Waterloo Courier on
May 10, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
May 14, 2012 Page 3
137966 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Schmitt/Hart
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
137967 - Schmitt/Hart
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with F.Y. 2012 East Donald Street Improvements, Contract No.
797", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-438.
137968 - Schmitt/Greenwood
that "Resolution ordering construction in conjunction with F.Y. 2012 East Donald
Street Improvements, Contract No. 797", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-439.
(Project will be let by IDOT on May 15, 2012)
137969 - Greenwood/Schmitt
that proof of publication of notice of public hearing on Request of Robson Homes
Inc. for a Site Plan Amendment in the "R -3,R -P" Planned Residence District for
property located along Morning Dove Drive in Crossroads Estates Replat No. 1 to
allow for the development of 4-plex buildings, as published in the Waterloo
Courier on May 10, 2012, be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
137970 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
On file in the City Clerk's office.
Greenwood/Schmitt
that the hearing be closed and oral and written comments and recommendation of
approval of Planning, Programming and Zoning Commission be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
137971 - Greenwood/Schmitt
that "an 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 Site
Plan Amendment on Certain Property in conjunction with Request of Robson Homes
Inc. for a Site Plan Amendment in the "R -3,R -P" Planned Residence District for
property located along Morning Dove Drive in Crossroads Estates Replat No. 1 to
allow for the development
considered and passed for
Seven (Cole, Getty, Jones,
Mayor Clark thanked
RESOLUTIONS
137972 - Getty/Cole
of 4-plex
the first
Greenwood,
buildings", be received, placed on file,
time. Roll call vote -Ayes: None. Nays:
Schmitt, Welper, Hart). Motion failed.
that "Resolution approving a U.S. 63 & Airline Highway USTEP Grant Agreement
with Iowa Department of Transportation in the amount of $16,123.57, with city
match of $13,192.01; and authorize Mayor and City Clerk to execute said
document -Submitted by Sandie Greco, Traffic Operations Superintendent", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-440.
137973 - Getty/Cole
that "Resolution approving
the amount of $224,500.00,
Insurance for the Traffic
Phase I-1; and authorize
Submitted by Sandie Greco,
award of contract to KWS Inc. of Cedar Falls, Iowa in
and approving the Contract, Bonds and Certificates of
Communications Infrastructure Upgrade - Fiber Optics
Mayor and City Clerk to execute said documents -
Traffic Operations Superintendent", be adopted. Roll
call vote -Ayes: Six. Nays: One (Jones).
May 14, 2012 Page 4
On file in the City Clerk's office.
Resolution adopted and upon approval by Mayor assigned No. 2012-441.
137974 - Getty/Cole
that "Resolution approving terminating the previous May 2012 Development
Agreement with Secor Investment LLC, and accepting the acquisition of
approximately 6 acres of land, as specified in that agreement, generally located
just east of 3215 Lafayette Street -Submitted by Noel Anderson, Community
Planning & Development Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-442.
137975 - Schmitt/Greenwood
that "Resolution approving a Development Agreement with Buckets, Inc. (Waterloo
Warehousing) and the City of Waterloo to approve an option and right of first
refusal on land, generally located just east of 3215 Lafayette Street, to allow
for future expansion and development of the site at 3215 Lafayette Street -
Submitted by Noel Anderson, Community Planning & Development Director", be
adopted. Roll call vote -Ayes: Seven.
On file in the City Clerk's office.
Resolution adopted and upon approval by Mayor assigned No. 2012-443.
137976 - Schmitt/Greenwood
that "Resolution approving a request by Cardinal Construction for a Minor Site
Plan Amendment to the "C -P" Planned Commercial District to allow for the
development of Lot 2, Country Club Business Park, changing the previous site
plan designation from restaurant to financial institution -Submitted by Noel
Anderson, Community Planning & Development Director", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-444.
137977 - Schmitt/Greenwood
that "Resolution approving award of contract to Midwest Irrigation L.L.C. of
East Dubuque, Illinois in the amount of $91,380.00, and approving the Contract,
Bonds and Certificates of Insurance for the 2012 Riverfront Sports Park
Irrigation Project; and authorize Mayor and City Clerk to execute said
documents -Submitted by Rick Curran, Leisure Services Facilities Manager", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-445.
137978 - Welper/Schmitt
that "Resolution approving request by Robert and Patricia Klein for a variance
to the requirements of the Subdivision Ordinance in Section 2.3(1) Final Plat
Submittal, Section 5.1 Preliminary Plat requirements, and Section 5.2 Final Plat
requirements for Preliminary and Final Plat of Klein Minor Plat -Submitted by
Noel Anderson, Community Planning & Development Director", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-446.
137979 - Welper/Schmitt
that "Resolution approving the Preliminary and Final Plats, together with staff
report, aerial photo of the area, Preliminary and Final Plats and legal
description in conjunction with Request by Robert and Patricia Klein on the
Klein Minor Plat -Submitted by Noel Anderson, Community Planning & Development
Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-447.
May 14, 2012 Page 5
137980 - Welper/Schmitt
that "Resolution approving and accepting certain temporary easement contracts to
the City of Waterloo for the F.Y. 2012 Safe Routes to School Sidewalk Project
from: Robert Davidson and Donna Remling in the amount of $100.00; Jon Schell in
the amount of $100.00; and Sharon Eckhoff in the amount of $100.00; and
authorize Mayor and City Clerk to execute said documents -Submitted by Noel
Anderson, Community Planning & Development Director", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-448.
137981 - Hart/Welper
that "Resolution approving License for Multi -Use Pathway Agreement with Chicago
Central & Pacific Railroad Company for the F.Y. 2013 U.S. Highway 63
Improvements - From Conger Street/Newell Street to Donald Street, Contact No.
790; and authorize Mayor and City Clerk to execute any necessary documents -
Submitted by Jeff Bales, Associate Engineer", be adopted. Roll call vote -Ayes:
Seven.
On file in the City Clerk's office.
Resolution adopted and upon approval by Mayor assigned No. 2012-449.
137982 - Hart/Welper
that "Resolution accepting and approving the acquisition of properties generally
located at: 335 and 425 Almond Streets; 520 Cottage Street; 115 Smith Street;
426 and 311 Adams Streets; 616-618 W. 9th Street; 214-216 Independence Avenue,
as granted by court order pursuant to Section 657A of the Iowa Code; and
authorize Mayor and City Clerk to execute any necessary documents -Submitted by
Noel Anderson, Community Planning & Development Director", be adopted. Roll
call vote -Ayes: Seven.
On file in the City Clerk's office.
Resolution adopted and upon approval by Mayor assigned No. 2012-450.
137983 - Hart/Welper
that "Resolution approving Encroachment Agreement with Dan Deery Motors, 3900
Alexandra Drive for the purpose of constructing 11 concrete pads within the
right-of-way of E. San Marnan Drive to display vehicles for sale; and authorize
Mayor and City Clerk to execute said document -Submitted by Noel Anderson,
Community Planning & Development Director", be adopted. Roll call vote -Ayes:
Seven.
Mr. Jones expressed concern if this is setting a precedence to allow businesses
displaying merchandise in the right-of-way.
Noel Anderson, Community Planning and Development Director, noted that each
request would have to be looked at and this encroachment would not negatively
impact the traffic.
Resolution adopted and upon approval by Mayor assigned No. 2012-451.
May 14, 2012 Page 6
137984 - Cole/Welper
that "Resolution fixing date of hearing as May 29, 2012 on the issuance of not
to exceed $8,600,000 General Obligation Bonds for essential corporate purposes
of said City, the proceeds of which bonds will be used to provide funds to pay
costs of the acquisition, construction and improvement of real and personal
property useful for the protection of property from floods or high waters,
including flood control, storm water and drainage improvements; the
construction, reconstruction and repairing of street, sidewalk and intersection
improvements; the acquisition, construction and installation of storm sewer and
sanitary sewer improvements, including treatment plant effluent disinfection and
other waste management facilities and improvements; the acquisition,
construction, improvement and repair of bridges; the acquisition of vehicles and
equipment for the Police, Fire Rescue and Street Departments; the rehabilitation
and improvement of City parks and the acquisition, repair and replacement of
facilities, equipment and improvements commonly found in City parks, including
sports facilities, boating center, tennis, dog park and bikeway improvements;
the acquisition, improvement and installation of traffic control devices,
signage, fixtures, equipment and improvements, including but not limited to
traffic signal, traffic safety and street light improvements; the acquisition
and demolition of dangerous or dilapidated buildings, structures or properties;
and the acquisition, equipping and improving of the automated GIS/GPS mapping
system; and instruct City Clerk to publish notice -Submitted by Michelle Weidner,
Chief Financial Officer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-452.
137985 - Cole/Welper
that "Resolution fixing date of hearing as May 29, 2012 on the issuance of not
to exceed $120,000.00 of General Obligation Bonds for essential corporate
purposes of said City, the proceeds of which bonds will be used to provide funds
to pay costs of the aiding in the planning, undertaking and carrying out of
urban renewal project activities under Chapter 403 of the Code of Iowa, as
amended, and the Urban Renewal Plans for the Downtown Waterloo Riverfront Urban
Renewal and Redevelopment Area, including costs associated with the downtown
development plan, and demolition costs; and instruct City Clerk to publish
notice -Submitted by Michelle Weidner, Chief Financial Officer", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-453.
137986 - Hart/Cole
that "Resolution fixing date of hearing as May 29, 2012 on the issuance of not
to exceed $590,000.00 of General Obligation Bonds, the proceeds of which bonds
will be used to provide funds to pay costs of the acquisition of vehicles for
the building inspection, maintenance, engineering and leisure services
departments; acquisition of off-road maintenance equipment for the parks, golf
course, and downtown departments; and acquisition of radio communication
equipment for public works, and shall bear interest at a rate not exceeding the
maximum specified in the attached notice; and instruct City Clerk to publish
notice -Submitted by Michelle Weidner, Chief Financial Officer", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-454.
137987 - Hart/Cole
that "Resolution fixing date of hearing as May 29, 2012 212 on the issuance of
not to exceed $655,000.00 of General Obligation Bonds, the proceeds of which
bonds will be used to provide funds to pay costs of the reconstruction,
renovation, remodeling, improvement, equipping and repairing of various City
buildings and facilities, including Police Training Center and Station
improvements, Public Library, Council Chambers, Five Sullivan Brothers Center,
Downtown Parking Garages, the Center for the Arts, Youth Pavilion, and ADA
compliance improvements, and shall bear interest at a rate not exceeding the
maximum specified in the attached notice; and instruct City Clerk to publish
notice -Submitted by Michelle Weidner, Chief Financial Officer", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-455.
May 14, 2012
137988 - Hart/Cole
Page 7
that "Resolution fixing date of hearing as May 29, 2012 on the issuance of not
to exceed $630,000.00 of General Obligation Bonds, the proceeds of which bonds
will be used to provide funds to pay costs of the reconstruction, renovation and
improvements to the Young Arena, Riverfront Stadium, and the Public Market
Facility; computer upgrades; parking meter improvements; swimming pool
renovations; the improvement of City golf courses; and development and equipping
a site for City use of natural gas as fuel for City vehicles, and shall bear
interest at a rate not exceeding the maximum specified in the attached notice
and instruct City Clerk to publish notice -Submitted by Michelle Weidner, Chief
Financial Officer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-456.
137989 - Hart/Cole
that "Resolution fixing date of hearing as May 29, 2012 on the issuance of not
to exceed $700,000.00 of General Obligation Bonds, the proceeds of which bonds
will be used to provide funds to pay costs of acquisition, construction,
improvement and equipping city facilities, including a new public works
building, and shall bear interest at a rate not exceeding the maximum specified
in the attached notice; and instruct City Clerk to publish notice -Submitted by
Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes:
Seven.
On file in the City Clerk's office.
Resolution adopted and upon approval by Mayor assigned No. 2012-457.
137990 - Hart/Cole
that "Resolution fixing date of hearing as May 29, 2012 on the issuance of not
to exceed $6,950,000.00 General Obligation Bonds for an essential corporate
purpose of said City, the proceeds of which bonds will be used to provide funds
to pay costs of refunding outstanding general obligation indebtedness of the
City, consisting of the General Obligation Bonds, Series 2003A, dated June 15,
2003, General Obligation Bonds, Series 2005A, dated June 1, 2005, and General
Obligation Bonds, Series 2005B, dated June 1, 2005; and instruct City Clerk to
publish notice -Submitted by Michelle Weidner, Chief Financial Officer", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-458.
137991 - Cole/Welper
that "Resolution setting date of hearing as May 29, 2012 for amendments to the
FYE2012 Budget; and instruct City Clerk to publish notice -Submitted by Michelle
Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-459.
ORDINANCES
137992 - Schmitt/Greenwood
that "an Ordinance amending the 2008 Traffic Code by Adding Subsection (45a)
Tower Park Drive to Section 545, Yield Streets in conjunction with Ordinance
Change - Yield Street - Tower Park Drive from west of Jonathan Street to Hurst
Drive", be received, placed on file, considered and passed for the first time.
Roll call vote -Ayes: Seven. Motion carried.
137993 - Schmitt/Greenwood
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
137994 - Schmitt/Greenwood
that "an Ordinance amending the 2008 Traffic Code by Adding Subsection (45a)
Tower Park Drive to Section 545, Yield Streets in conjunction with Ordinance
Change - Yield Street - Tower Park Drive from west of Jonathan Street to Hurst
Drive", be considered and passed for the second and third times and adopted.
Roll call vote -Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 5115.
May 14, 2012 Page 8
137995 - Schmitt/Greenwood
that "an Ordinance amending the 2008 Traffic Code by Adding Subsection (2a)
Hubbard Street and (3a) Sunset Road to Section 571A, No Parking 8:00 a.m. to
4:00 p.m. During School in conjunction with Ordinance Change - No Parking 8:00
a.m. to 4:00 p.m. During School along the West side of the 300 block of Sunset
Road and Southwest side of the 200 block of Hubbard Street", be received, placed
on file, considered and passed for the first time. Roll call vote -Ayes: Seven.
Motion carried.
137996 - Schmitt/Greenwood
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
137997 - Schmitt/Greenwood
that "an Ordinance amending the 2008 Traffic Code by Adding Subsection (2a)
Hubbard Street and (3a) Sunset Road to Section 571A, No Parking 8:00 a.m. to
4:00 p.m. During School in conjunction with Ordinance Change - No Parking 8:00
a.m. to 4:00 p.m. During School along the West side of the 300 block of Sunset
Road and Southwest side of the 200 block of Hubbard Street", be considered and
passed for the second and third times and adopted. Roll call vote -Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 5116.
ORAL PRESENTATIONS
On file in the City Clerk's office.
137998 - Hart/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
138999 - hart/Schmitt
that the Council adjourn at 7:00 p.m. Voice vote -Ayes: Seven. Motion carried.
Suzy Schares
City Clerk