HomeMy WebLinkAboutMinutes-09/04/2012September 4, 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 Tuesday, September 4, 2012. Mayor Ernest G.
Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Rudy Jones, Community Development Director.
139758 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, September 4,
2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
139759 - Hart/Schmitt
that the Minutes, as proposed, for August 23, 2012, Special Session and August
27, 2012, Regular Session, be accepted and approved. Voice vote -Ayes: Seven.
Motion carried.
CONSENT AGENDA
139760 - 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. 1-24, dated
September 4, 2012, in the amount of $1,052,780.81, 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. 2012-877.
2. Request of East High School to hold East High Flavor of East event to be
held on Wednesday, September 12, 2012 from 11:30 a.m. to 1:30 p.m., with
permission to close High Street from Lime Street to Vine Street -Submitted
by Joe Leibold, Captain of Police Services.
Resolution adopted and upon approval by Mayor assigned No. 2012-878.
3. Request of Midwest Tool Collectors Association to hold Midwest Tool
Collectors Association Convention event to be held from Wednesday,
September 26, 2012 to Sunday, September 30, 2012, with permission to close
200 block of 4th Street on September 26, 2012 from 12:00 p.m. to 7:00
p.m.; and closing northbound lane of 200 block of Park Avenue on September
27, 2012 from 6:00 a.m. to 12:00 p.m. -Submitted by Joe Leibold, Captain of
Police Services.
Resolution adopted and upon approval by Mayor assigned No. 2012-879.
4. Request of Andrea Green for tax exemptions on improvements totaling
$133,000.00 for property located at 951 West Parker Street and located in
the Consolidated Urban Revitalization Area (CURA)-Submitted by Chris
Western, Planner II.
Resolution adopted and upon approval by Mayor assigned No. 2012-880.
5. Request of Marilyn Orth for tax exemptions on improvements totaling
$55,648.00 for property located at 35-37 Fletcher Avenue and located in
the Consolidated Urban Revitalization Area (CURA)-Submitted by Chris
Western, Planner II.
Resolution adopted and upon approval by Mayor assigned No. 2012-881.
6. Cancellation of several assessments; and authorize City Clerk to notify
Black Hawk County Treasurer of said cancellations -Submitted by Suzy
Schares, City Clerk.
Resolution adopted and upon approval by Mayor assigned No. 2012-882.
September 4, 2012
b. Motion to approve the following:
1.
2.
3.
4.
5.
6.
Page 2
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Jeff Siebel,
Property Safety
Inspector
Fire Inspector
1 Class
Urbandale,
Iowa
November
12-16,
2012
$600.00
Steve Grimm,
Housing
Inspector
Advanced Legal
Aspects of
Property
Maintenance
Inspectors
Waterloo,
Iowa
October
3, 2012
$125.00
Greg Ahlhelm,
Plans Examiner
2012 Fire
Prevention
Education
Conference
Ankeny, Iowa
October
16-19,
2012
$600.00
Quentin Hart,
Councilperson
National
League of
Cities
Training
Institute
Charlotte,
North
Carolina
September
19-23,
2012
$1,705.00
Mayor Ernest G.
Clark
National
League of
Cities
Training
Institute
Boston,
Massachusetts
November
27, 2012 -
December
2, 2012
$420.00
Cheryl
Huddleston,
Human Resources
Manager
Iowa Public
Employer Labor
Relations
Association
Annual
Conference
Urbandale,
Iowa
September
12-14,
2012
$219.08
Class C Beer License Permit Application
7. Hy -Vee Gas #3, 1512 Flammang Drive (Renewal) (Expires8/26/2013) (Includes
Sunday Sales)
8. Five Star Snacks & Liquor, 437 Sullivan (Renewal) (Expires 7/21/2013)
(Includes Sunday Sales)
9. Logan Avenue Convenience Store, 735 Logan Avenue
8/2/2013) (Includes Sunday Sales)
Class A Liquor License Permit Application
10.Fraternal Order of Eagles, Waterloo Aerie
(Renewal) (Expires 6/30/2013) (Includes Sunday
(Renewal) (Expires
#764, 202 E. First Street
Sales)
Class C Liquor License Permit Application
11.Casey's Pub & Eatery, 1125 W. Donald Street (Renewal)
(Includes Sunday Sales)
12.The Drunken Monkey, 307 W. 4th Street (Renewal)
(Includes Sunday Sales)
Class E Liquor License Permit Application
13.Five Star Snacks & Liquor, 437 Sullivan (Renewal)
(Includes Sunday Sales)
14.Logan Avenue Convenience Store, 735 Logan Avenue
8/2/2013) (Includes Sunday Sales)
Class B Wine License Permit Application
15.Five Star Snacks & Liquor, 437 Sullivan (Renewal)
(Includes Sunday Sales)
16.Logan Avenue Convenience Store, 735 Logan Avenue
8/2/2013) (Includes Sunday Sales)
Outdoor Service Area Application
17.Fraternal Order of Eagles, Waterloo Aerie #764, 202 E.
18.Casey's Pub & Eatery, 1125 W. Donald Street
19.The Drunken Monkey, 307 W. 4th Street
(Expires 7/31/2013)
(Expires 6/30/2013)
(Expires 7/21/2013)
(Renewal) (Expires
(Expires 7/21/2013)
(Renewal) (Expires
First Street
Fireworks Display Application
20.National Cattle Congress, 257 Ansborough Avenue (September 12-16, 2012 at
9:00 a.m. and 1:30 p.m.)
Cigarette Permit Application
21.Byron Supermarket, 306 Byron Avenue
September 4, 2012 Page 3
Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt abstained from the
bills payment to Schmitt Telecom. Mr. Hart abstained from item #b.4.
PUBLIC HEARINGS
139761 - Schmitt/Welper
that proof of publication of notice of public hearing on 2012 Riverfront Sports
Park Fencing Project, as published in the Waterloo Courier on August 23, 2012,
be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
139762 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Schmitt/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
139763 - Schmitt/Welper
wel
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with 2012 Riverfront Sports Park Fencing Project", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-883.
139764 - Schmitt/Welper
that "Resolution ordering construction in conjunction with 2012 Riverfront
Sports Park Fencing Project", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-884.
139765 - Schmitt/Welper
to receive and file and instruct City Clerk to open and read bids and refer to
Leisure Services Director for review
Bidder
Bid Amount
Miller Fence & Flag
1800 Burton Avenue
Waterloo, IA 50703
$23,750.00
Voice vote -Ayes: Seven. Motion carried.
139766 - Greenwood/Schmitt
that proof of publication of notice of public hearing on Request of Build to
Suit, Inc. for a site plan amendment in the "S-1" Shopping Center District,
located east of 2541 Crossroads Boulevard to allow for the construction of a new
16,503 sq. ft. Bio -Life Plasma Services facility, as published in the Waterloo
Courier on August 23, 2012, be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
139767 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
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.
139768 - Greenwood/Schmitt
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 Site Plan Amendment on Certain Property in conjunction with
Request of Build to Suit, Inc. for a site plan amendment in the "S-1" Shopping
Center District, located east of 2541 Crossroads Boulevard to allow for the
construction of a new 16,503 sq. ft. Bio -Life Plasma Services facility", be
received, placed on file, considered and passed for the first time. Roll call
vote -Ayes: Seven. Motion carried.
September 4, 2012 Page 4
139769 - Greenwood/Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
139770 - Greenwood/Schmitt
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 Site Plan Amendment on Certain Property in conjunction with
Request of Build to Suit, Inc. for a site plan amendment in the "S-1" Shopping
Center District, located east of 2541 Crossroads Boulevard to allow for the
construction of a new 16,503 sq. ft. Bio -Life Plasma Services facility", 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. 5130.
139771 - Hart/Welper
that proof of publication of notice of public hearing on Development Agreement
between MFGC, LLC and the City of Waterloo for the construction of a 5,664 sq.
ft. medical office building in the San Marnan TIF District, adding $1,275,000.00
of taxable value to site, and offering 1st year at 72% tax rebates, and then 9
years at 71% tax rebates to company, as published in the Waterloo Courier on
August 23, 2012, be received and placed on file. Voice vote -Ayes: Seven.
Motion carried.
139772 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Hart/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
139773 - Hart/Welper
that "Resolution approving said Development Agreement; and authorize Mayor and
City Clerk to execute said document in conjunction with Development Agreement
between MFGC, LLC and the City of Waterloo for the construction of a 5,664 sq.
ft. medical office building in the San Marnan TIF District, adding $1,275,000.00
of taxable value to site, and offering 1st year at 72% tax rebates, and then 9
years at 71% tax rebates to company", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-885.
139774 - Getty/Hart
that proof of publication of notice of public hearing on Development Agreement
between Cedar Valley Warehouse LLC and the City of Waterloo for the construction
of a 40,000 sq. ft. industrial building in the Airport TIF District, adding
$1,200,000.00 of taxable value to site, and offering 5 years at 50o tax rebates
to company, plus a grant to purchase property for $221,350.00, as published in
the Waterloo Courier on August 23, 2012, be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
139775 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Getty/Hart
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
139776 - Getty/Hart
that "Resolution approving said Development Agreement; and authorize Mayor and
City Clerk to execute said document in conjunction with Development Agreement
between Cedar Valley Warehouse LLC and the City of Waterloo for the construction
of a 40,000 sq. ft. industrial building in the Airport TIF District, adding
$1,200,000.00 of taxable value to site, and offering 5 years at 50o tax rebates
to company, plus a grant to purchase property for $221,350.00", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-886.
September 4, 2012 Page 5
RESOLUTIONS
139777 - Schmitt/Welper
that "Resolution approving the FY 2012 Cooperative Agreement with U.S.
Department of Housing and Urban Development for the Fair Housing Assistance
Program in the amount of $34,247.00; and authorize Mayor and City Clerk to
execute said document -Submitted by Abraham L. Funchess, Jr., Human Rights
Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-887.
139778 - Schmitt/Welper
that "Resolution approving Professional Services Agreement with Water's Edge
Aquatic Design of Lenexa, Kansas in the amount of $13,000.00, plus the cost of
reimbursable expenses not to exceed $200.00, for the evaluation services for
Gates Park and Byrnes Park swimming pools; and authorize Mayor and City Clerk to
execute said documents -Submitted by Craig Clark, Building Official/Maintenance
Administrator", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-888.
139779 - Schmitt/Welper
that "Resolution approving Convention and Visitors Bureau Board recommendations
for funding the following hotel/motel tax mini -grant request: National Cattle
Congress in the amount of $2,300.00 -Submitted by Aaron Buzza, Executive Director
of Waterloo Convention & Visitors Bureau", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-889.
139780 - Cole/Welper
that "Resolution approving submission of Traffic Safety Grant application in the
amount of $250,000.00 with a city match of $50,000.00 to Iowa Department of
Transportation to be used for systemic improvements of Washington Street (US
218) signalized intersections to include five more intersections and the new
project amount -Submitted by Sandie Greco, Traffic Operations Superintendent", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-890.
139781 - Cole/Welper
that "Resolution approving Professional Services Agreement with Robinson
Engineering Company in an amount not to exceed $20,000.00 for construction
related services for Gates Golf Course Virden Creek Stream Bank Stabilization
Project; and authorize Mayor and City Clerk to execute said document -Submitted
by JB Bolger, Golf & Downtown Area Maintenance Manager", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-891.
139782 - Cole/Welper
that "Resolution approving Notice of Discontinuation from NPDES Coverage Under
General Permit 2 to the Iowa Department of Natural Resources in conjunction with
F.Y. 2011 Midport Boulevard Extension - Phase II, Contract No. 802; and
authorize Mayor to execute said document -Submitted by Jeff Bales, Associate
Engineer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-892.
139783 - Hart/Welper
that "Resolution officially recognizing the Waterloo Housing Trust Fund -
Submitted by Rudy D. Jones, Community Development Director", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-893.
September 4, 2012 Page 6
139784 - Hart/Welper
that "Resolution approving variance to the requirements of the Subdivision
Ordinance in Section 2.3(1) Final Plat Submittal, to Section 5.1(2) Preliminary
Plat Requirements and to Section 5.2(3) Final Plat Requirements for Airline
Highway Self Storage L.L.C. Subdivision -Submitted by Noel Anderson, Community
Planning & Development Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-894.
139785 - Hart/Welper
that "Resolution approving Preliminary and Final Plat of Airline Highway Self
Storage L.L.C. Subdivision along with the staff report, aerial photo,
preliminary and final plats, deed of dedication, certificate of survey and
report of the City Engineer -Submitted by Noel Anderson, Community Planning &
Development Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-895.
139786 - Hart/Welper
that "Resolution approving engaging the Berens -Tate Consulting Group to complete
required arbitrage testing for the general obligation bonds issued in 2007 in an
amount not to exceed $3,500.00 and sewer revenue bonds issued in 2004 and
refunded in 2011 in an amount not to exceed $2,500.00 -Submitted by Michelle
Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-896.
ORDINANCES
139787 - Welper/Hart
that "an Ordinance amending the City Code of Ordinances, Title 1 Administration,
Chapter 3 General Penalties, Section 2 Municipal Infractions, by substituting a
new paragraph C to increase the civil penalties for municipal infractions in
line with maximums allowed by state law in conjunction with Amending the City
Code of Ordinance, Title 1 Administration, Chapter 3 General Penalties, Section
2 Municipal Infractions (increasing the civil penalties for a municipal
infraction)", be received, placed on file, considered and passed for the first
time. Roll call vote -Ayes: Seven. Motion carried.
139788 - Welper/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.
139789 - Welper/Hart
that "an Ordinance amending the City Code of Ordinances, Title 1 Administration,
Chapter 3 General Penalties, Section 2 Municipal Infractions, by substituting a
new paragraph C to increase the civil penalties for municipal infractions in
line with maximums allowed by state law in conjunction with Amending the City
Code of Ordinance, Title 1 Administration, Chapter 3 General Penalties, Section
2 Municipal Infractions (increasing the civil penalties for a municipal
infraction)", 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. 5131.
139790 - Hart/Welper
that "an Ordinance amending the 2008 Traffic Code by adding Subsection (125b)
West Fifth Street of Section 551, Parking Prohibited At All Times on Certain
Streets in conjunction with Ordinance Change - No Parking Anytime Between Signs
41 feet northbound southeast side of the 1200 block of West 5th Street and
continuing 97 feet northbound on southeast side of the 1100 block of West 5th
Street", be received, placed on file, considered and passed for the first time.
Roll call vote -Ayes: Seven. Motion carried.
139791 - Hart/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
September 4, 2012 Page 7
139792 - Hart/Welper
that "an Ordinance amending the 2008 Traffic Code by adding Subsection (125b)
West Fifth Street of Section 551, Parking Prohibited At All Times on Certain
Streets in conjunction with Ordinance Change - No Parking Anytime Between Signs
41 feet northbound southeast side of the 1200 block of West 5th Street and
continuing 97 feet northbound on southeast side of the 1100 block of West 5th
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. 5132.
OTHER COUNCIL BUSINESS
139793 - Schmitt/Welper
to instruct Waste Management Services Superintendent to prepare plans,
specifications, form of contract, etc. in conjunction with FY 2013 Bar Screen
Heater Replacement, Contract No. 839, be approved. Voice vote -Ayes: Seven.
Motion carried.
139794 - Schmitt/Welper
that plans, specifications, form of contract, etc. in conjunction with FY 2013
Bar Screen Heater Replacement, Contract No. 839, be received and placed on file.
Voice vote -Ayes: Seven. Motion carried.
139795 - Schmitt/Welper
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with FY 2013 Bar Screen Heater Replacement,
Contract No. 839", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-897.
139796 - Schmitt/Welper
that "Resolution setting date of hearing and bid opening as September 24, 2012;
and instruct City Clerk to publish notice of plans, specifications, form of
contract, etc. in conjunction with FY 2013 Bar Screen Heater Replacement,
Contract No. 839", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-898.
139797 - Schmitt/Welper
to instruct Waste Management Services Superintendent to prepare plans,
specifications, form of contract, etc. in conjunction with FY 2012 CIP Sewer
Lining West Airline Highway, Contract No. 834, be approved. Voice vote -Ayes:
Seven. Motion carried.
139798 - Schmitt/Welper
that plans, specifications, form of contract, etc. in conjunction with FY 2012
CIP Sewer Lining West Airline Highway, Contract No. 834, be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
139799 - Schmitt/Welper
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with FY 2012 CIP Sewer Lining West Airline
Highway, Contract No. 834", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-899.
139800 - Schmitt/Welper
that "Resolution setting date of hearing and bid opening as September 24, 2012;
and instruct City Clerk to publish notice of plans, specifications, form of
contract, etc. in conjunction with FY 2012 CIP Sewer Lining West Airline
Highway, Contract No. 834", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-900.
September 4, 2012 Page 8
ORAL PRESENTATIONS
Jim Chapman, 224 Bertch Avenue, complimented Council on the new beautification
program being started in his neighborhood.
Mayor Clark stated that the John Deere Expo is downtown this week.
139801 - Hart/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
139802 - Hart/Schmitt
that the Council adjourn at 5:56 p.m. Voice vote -Ayes: Seven. Motion carried.
Carol Failor
Deputy City Clerk