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HomeMy WebLinkAboutMinutes-12/19/2011December 19, 2011 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, December 19, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Getty, Jones, Greenwood, Schmitt, Welper. Absent: Cole, Hart. Mayor Clark congratulated Mr. Hart on the birth of his new baby boy and noted that Ms. Cole was absent due to a family illness. Moment of Silence. Pledge of Allegiance: Mayor Clark. 137142 - Welper/Schmitt that the Agenda, as amended deleting item #2, for the Regular Session on Monday, December 19, 2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Five. Motion carried. 137143 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, December 12, 2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Five. Motion carried. CONSENT AGENDA 137144 - 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 Schedule AP642, pp. 1-87, dated December 19,2011, in the amount of $3,185,388.58, 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. 2011-1145. 2. Request of Iowa Habitat for Humanity for tax exemptions on improvements totaling $79,000.00 for property located at 4909 Fostoria Drive and located in the City Limits Urban Revitalization Area (CLURA); and rescind Resolution No. 2011 -1125 -Submitted by Christopher W. Western, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2011-1146. 3. Request of Timothy Young for a variance to the Noise Ordinance on Saturday, August 4, 2012 from 10:00 a.m. to 4:00 p.m. in conjunction with Save the Children of Waterloo event to be held within the 800 block of W. 8th Street including a DJ and the use of a PA system, together with recommendation of approval of Director of Public Safety. Resolution adopted and upon approval by Mayor assigned No. 2011-1147. b. Motion to approve the following: 1. 2. 3. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed James Bolger, Golf Manager Iowa Turfgrass Conference and .Tradeshow Des Moines, Iowa January 17-19, 2012 $360.00 Derrick Gibbs, Engineering Tech; Larry Crain, Engineering Tech Iowa Department of Transportation re -certifications Cedar Rapids, Iowa & Mason City, Iowa January 30, 2012 & February 6, 2012 $290.00 Kenny Johnson, Engineering Tech; Jeff Murphy, Engineering Tech Iowa Department of Transportation re -certifications Cedar Rapids, Iowa & Mason City, Iowa January 30, 2012 & February 6, 2012 $240.00 December 19, 2011 4. Page 2 Robert Stringer, 2012 NPELRA Lake Buena April $2,045.61 Human Resources Annual Training Vista, 15-19, Director Conference Florida 2012 Class C Liquor License Permit Application 5. Spicoli's, 3555 University Avenue (Renewal) (Expires 12/11/12) (Includes Sunday Sales) 6. Trucker Bar, 1915 Bourland Avenue (Renewal) (Expires 12/12/12) (Includes Sunday Sales) After Hours Business License Application 7. Insomnia After Hours Nightclub, LLC, 710 Jefferson Street, Suite 2 Outdoor Service Area Application 8. Spicoli's, 3555 University Avenue Class C Beer License Permit Application 9. Ali's West Side Liquor, 919 W. 5th Street (Renewal) (Expires 12/19/12) (Includes Sunday Sales) Class E Liquor License Permit Application 10.Ali's West Side Liquor, 919 W. 5th Street (Renewal) (Expires 12/19/12) (Includes Sunday Sales) Class B Wine License Permit Application 11.Ali's West Side Liquor, 919 W. 5th Street (Renewal) (Expires 12/19/12) (Includes Sunday Sales) Cigarette/Tobacco Permit Application 12.Greenwood Drug, Inc. dba Greenwood Drug on Kimball Avenue, 2104 Kimball Avenue Roll call vote -Ayes: Five. Motion carried. Mr. Greenwood abstained on item 1.b.12. Mr. Schmitt abstained from a bills payment to Schmitt Telecom. PUBLIC HEARINGS 137145 - Schmitt/Greenwood that proof of publication of notice of public hearing on request of Redonna Parker for the vacation, sale and conveyance of approximately 120 foot long portion of public alley located behind the home at 624 Adams Street generally located in Block 8 of Rose Hill Addition for $406.00 for the purpose of closing a portion of the alley and incorporating the area into the applicant's rear yard, as published in the Waterloo Courier on December 15, 2011, be received and placed on file. Voice vote -Ayes: Five. Motion carried. 137146 - This being the time and place of public hearing, the Mayor called for written and oral objection. Bruce Vaughn, 615 Cottage Street, spoke in opposition of this request. He lives on the block and needs access through the alley. Elizabeth Phillips -McDowell, 640 Adams Street, spoke in opposition of this request. Redonna Parker, 624 Adams Street, spoke in support of the request. She is not requesting to close the alley, just to own the property. Mr. Welper, asked Ms. Parker to explain her intentions for this property. Noel Anderson, Community Planning and Development Director, reported that the north/south street is owned by Ms. Parker and could be blocked off if the applicant wishes. The Planning Commission and the Building and Grounds recommended denial. Partial vacates have been done in the past if there was a dead-end. Ms. Parker explained what property she owns. Noel Anderson, Community Planning and Development Director, explained where the property owners opposing this request reside. Ms. McDowell reported that several other property owners have expressed concern with this request. Mr. Jones clarified that Ms. Parker would be able to close off a portion of the alley at any time because she owns the strip of land next to this request. December 19, 2011 Page 3 Noel Anderson, Community Planning and Development Director, reported that the Planning Commission recommended denial due to prohibited vehicular access and it does not follow city policy. Schmitt/Greenwood that the hearing be closed and oral and written comments and recommendation of denial of Planning, Programming and Zoning Commission and Building and Grounds Commission, be received and placed on file. Voice vote -Ayes: Five. Motion carried. 137147 - Schmitt/Greenwood that "an Ordinance vacating approximately 120 foot long portion of public alley located behind the home at 624 Adams Street generally located in Block 8 of Rose Hill Addition in conjunction with request of Redonna Parker for the vacation, sale and conveyance of approximately 120 foot long portion of public alley located behind the home at 624 Adams Street generally located in Block 8 of Rose Hill Addition for $406.00 for the purpose of closing a portion of the alley and incorporating the area into the applicant's rear yard", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: One. Nays: Four (Getty, Jones, Schmitt, Welper). Motion failed. 137148 - Greenwood/Welper that proof of publication of notice of public hearing on request of Arlin Zevenbergen for the vacation, sale and conveyance of a portion of Edgemont Avenue located between Cataract Avenue and Park Lane, with a portion to be conveyed to Arlin Zevenbergen for $16,263.83; and a portion to be conveyed to MKW Apartments LLC for $1.00 and enter into a development agreement, subject to the retention of a utility easement over certain portions and subject to certain conditions, as published in the Waterloo Courier on December 15, 2011, be received and placed on file. Voice vote -Ayes: Five. Motion carried. 137149 - 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 recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote - Ayes: Five. Motion carried. 137150 - Greenwood/Schmitt that "an Ordinance vacating a portion of Edgemont Avenue located between Cataract Avenue and Park Lane in conjunction with request of Arlin Zevenbergen for the vacation, sale and conveyance of a portion of Edgemont Avenue located between Cataract Avenue and Park Lane, with a portion to be conveyed to Arlin Zevenbergen for $16,263.83; and a portion to be conveyed to MKW Apartments LLC for $1.00 and enter into a Development Agreement, subject to the retention of a utility easement over certain portions and subject to certain conditions", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Five. Motion carried. RESOLUTIONS 137151 - Getty/Welper that "Resolution approving the Development Agreement for JSA Development, LLC for the redevelopment of over 33 parcels (44 addresses) in Downtown Waterloo, with a rise in taxable value of over $3 million and 100 percent tax rebates for 7 years; and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Five. Noel Anderson, Community Planning and Development Director, explained that the parcels are in the downtown development district and approximately 8 years ago it was determined to have a standard of 7 year tax rebates for large rehabilitation projects. Forest Dillavou, 1725 Huntington Road, asked if the project would qualify if they were done individually. He believes the property owner is getting an advantage due to owning several properties. Noel Anderson, Community Planning and Development Director, reported that it is a combination of the two. Resolution adopted and upon approval by Mayor assigned No. 2011-1148. December 19, 2011 Page 4 137152 - Getty/Welper that "Resolution approving submission of Black Hawk County Gaming Association grant request in the amount of $55,000.00 to be used for one-time marketing and start-up expenses for the RiverLoop Public Market Cooperative on the Expo Plaza grounds; and authorize Mayor to execute said document -Submitted by Mayor Buck Clark", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2011-1149. 137153 - Getty/Welper that "Resolution approving Amendment #5 to the Cedar Valley River Renaissance Project Vision Iowa Contract 01 -VI -010 with the Vision Iowa Board, City of Cedar Falls and H.W. Grout Trust to extend the deadline for completion of the project to June 30, 2012; and authorize Mayor to execute said document -Submitted by Paul Huting, Leisure Services Director", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2011-1150. 137154 - Schmitt/Welper that "Resolution approving Contracts, Bonds and Certificates of Insurance in the amount of $114,500.00 with Peterson Contractors. Inc. of Reinbeck, Iowa in conjunction with 2011 Riverview Recreation Area Passive Unit Enhancement Phase II, Contract No. 815; and authorize Mayor and City Clerk to execute said documents -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2011-1151. 137155 - Schmitt/Welper that "Resolution approving Cooperative Agreement with Iowa Department of Transportation, Black Hawk County Metropolitan Area Transportation Policy Board and the City of Cedar Falls for Enhancement Development along University Avenue Corridor from U.S. Highway 63 Interchange to the Iowa Highway 58 interchange, with the city's cost in the amount of $10,887.00; and authorize Mayor and City Clerk to execute said document -Submitted by Jeff Bales, Associate Engineer", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2011-1152. 137156 - Schmitt/Welper that "Resolution approving recommendation of award of bid to Larson Construction Company of Independence, Iowa in the amount of $6,452,000.00 for the construction of Phase I (Base Bid and Alternate 2) for the City of Waterloo Public Works Building -Submitted by Mark Rice, Public Works Director", be adopted. Roll call vote -Ayes: Five. Mr. Welper asked how change orders would be funded. Mark Rice, Public Works Director, reported that there is over $100,000 in contingency funds. Resolution adopted and upon approval by Mayor assigned No. 2011-1153. 137157 - Welper/Schmitt that "Resolution approving Contracts, Bonds and Certificates of Insurance in the amount of $6,452,000.00 with Larson Construction Company of Independence, Iowa for the construction of. Phase I (Base Bid and Alternate 2) for the City of Waterloo Public Works Building; and authorize Mayor and City Clerk to execute said documents -Submitted by Mark Rice, Public Works Director", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2011-1154. 137158 - Greenwood/Schmitt that "Resolution approving the Development and Property Transfer Agreement with Waterloo Development Corporation for a public SportsPlex Facility; and authorize Mayor and City Clerk to execute said document -Submitted by Mayor Buck Clark", be adopted. Roll call vote -Ayes: Five. Mr. Welper asked why the development agreement is being done now. Mayor Clark reported that the project has been in the works for over 5 years and it is time to move forward to avoid inevitable construction cost increases. He noted that there would be several public hearings on this project in the future. December 19, 2011 Page 5 Mr. Schmitt reaffirmed that all the financing of this building will be privately funded. He asked if there is still a possibility to include the pool. Rick Young, Waterloo Development Corporation, reported that funds are still being raised for the project and they are taking bids and would like to have a firm bid by or before January 1, 2012 to avoid cost increases. Almost $19 million has been raised for this project. The City will run the Sportsplex starting in the fall of 2013. At the end of an 8 year time period, the building will be given to the City if the City wishes to take the property. The building is being built without the pools but has an addendum for optional leisure and competitive pools. The bids will be good for 30 days. The CAT funds will not be received due to the City receiving CAT funds for the River Renaissance project so all the expected funding has not been received. Mr. Getty noted that this would be built on City property and that the City has paid $3 million to purchase property for this project. Mr. Young commented that the City was purchasing property before this project came along. There will be plenty of parking available that will be shared with Young Arena and the Culture and Arts building. Mr. Jones expressed concern with the ability for the Sportsplex to be self- supporting. Mr. Young explained that a consulting firm completed a feasibility study that showed a need for the facility and initially showed a loss of approximately $190,000, but the architects have worked with MidAmerican Energy to reduce utilities and cutting staffing to allow for a profit. The new revised estimates show that the building will be profitable. Mr. Welper questioned if this will hurt the competition. Mr. Young reported that there is a shortage of facilities for indoor sports. Mr. Jones questioned why this item did not pass years ago when it went before the voters. Mayor Clark noted that the vote was only how to fund the project, not if it was needed or wanted. Forest Dillavou, 1725 Huntington Road, disagreed with Mayor Clark. John Sherbon, 1715 Robin Road, expressed concern with water run off. Ryan Madison, 650 Dawson Street, expressed concern with leasing the property if the City has provided the property. Mr. Young noted that leases will be involved due to financing and it will be for $1.00. Mr. Jones noted that there will be a lot more steps in the future and questioned whether it could be reversed in the future. Paul Huting, Leisure Services Director, noted that staff and the Leisure Services Board couldn't be more excited for this opportunity and the things it will bring to the community. The business community has asked for this type of facility. Mr. Welper asked if there would be grants available for children who cannot afford this type of facility. Paul Huting, Leisure Services Director, explained the Leisure Services offices would be relocated to this location. There is fund through the Community Foundation to assist those who cannot afford the Leisure Services programs. Mr. Getty clarified that all the meetings for this project have been done at public meetings. Mr. Schmitt noted that this could spur future economic development in the area. Noel Anderson, Community Planning and Development Director, noted that the business community is in support of this project and they feel it will help them attract high quality employees to the area. Rick Young clarified that each individual will have to pay to be able to use the facility. The City of Waterloo recreational opportunities will be handled like they currently are. December 19, 2011 Page 6 Ryan Madison, questioned the return on investment for this project. Mayor Clark noted that the benefit is a quality of life benefit. Resolution adopted and upon approval by Mayor assigned No. 2011-1155. OTHER COUNCIL BUSINESS 137159 - Greenwood/Schmitt that "an Ordinance vacating a portion of San Marnan Drive generally located between Galactic Drive and West 4th Street, west of Ansborough Avenue in conjunction with request of Sunnyside South Addition, LLC for the vacation, sale and conveyance of a portion of San Marnan Drive generally located between Galactic Drive and West 4th Street, west of Ansborough Avenue for $1.00 plus costs and enter. into a Development Agreement, for the purpose of relocating the roadway for the creation of new residential lots", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Five. Motion carried. Brian Molinaro-Blonigan, 3532 Augusta Circle, spoke in opposition of the project and suggested an alternate development that does not require the road to be moved. Dave Nagle, Attorney, reported that the parties opposing this development have filed an additional lawsuit and will be seeking a temporary injunction. He expressed concern with the City Attorney's involvement in this project. He showed a certified check in the amount of $100,000 for his client to purchase the property. He reported they would be making a proposal that will not require the road to be moved. Mr. Jones clarified that this has happened in the past where once someone makes an offer then others get interested. Mayor Clark noted that what is lacking is a plan and development agreement. It is not about the $1.00 or the $100,000. It is about what is proposed to go in that space and the benefit to the community. There has been plenty of time for alternate proposals to be brought forward. Dave Nagle stated his client would bring an alternative plan if time were allowed. Suzy Schares, City Clerk, reported that the new suit is on file. The Attorney representing the City in this matter has advised that Council can move forward with the second reading of this ordinance. 137160 - Welper/Schmitt that City of Waterloo Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2011 -Submitted by Michelle Weidner, Chief Financial Officer, be received, placed on file and approved. Voice vote -Ayes:. Five. Motion carried. 137161 - Welper/Schmitt that determination of the City Planner that the proposed change to the approved site plan for Crossroads Estates Replat No. 1 in an "R -3,R -P" Planned Residence District is insignificant in nature and approved as a Minor Site Plan Amendment - Submitted by Aric Schroeder, City Planner, be received, placed on file and approved. Voice vote -Ayes: Five. Motion carried. 137162 - Schmitt/Welper to instruct Waste Management Services Superintendent to prepare specifications, bid document, etc. in conjunction with Rental/Purchase of One (1) Used Vermeer TG525L Tub Grinder, be approved. Voice vote -Ayes: Five. Motion carried. 137163 - Schmitt/Welper that specifications, bid document, etc. in conjunction with Rental/Purchase of One (1) Used Vermeer TG525L Tub Grinder, be received and placed on file. Voice vote -Ayes: Five Motion carried. 137164 - Schmitt/Welper that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with Rental/Purchase of One (1) Used Vermeer TG525L Tub Grinder", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2011-1156. December 19, 2011 137165 - Schmitt/Welper Page 7 that "Resolution setting date of hearing and bid opening as January 24, 2012 and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids in conjunction with Rental/Purchase of One (1) Used Vermeer TG525L Tub Grinder", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2011-1157. 137166 - Getty/Schmitt to instruct Community Planning & Development Director to prepare plans, specifications, form of contract, etc. in conjunction with Asbestos Abatement Services_ Request for Proposals for the following properties: 212 Jefferson Street, 302 Jefferson Street, 306-308 Jefferson Street and 312 Jefferson Street, be approved. Voice vote -Ayes: Five. Motion carried. 137167 - Getty/Schmitt that plans, specifications, form of contract, etc. in conjunction with Asbestos Abatement Services Request for Proposals for the following properties: 212 Jefferson Street, 302 Jefferson Street, 306-308 Jefferson Street and 312 Jefferson Street, be received and placed on file. Voice vote -Ayes: Five. Motion carried. 137168 - Getty/Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with Asbestos Abatement Services Request for Proposals for the following properties: 212 Jefferson Street, 302 Jefferson Street, 306-308 Jefferson Street and 312 Jefferson Street", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2011-1158. 137169 - Getty/Schmmitt that "Resolution setting date of hearing and bid opening as January 3, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with Asbestos Abatement Services Request for Proposals for the following properties: 212 Jefferson Street, 302 Jefferson Street, 306-308 Jefferson Street and 312 Jefferson Street", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2011-1159. 137170 - Greenwood/Schmitt to instruct Community Planning & Development Director to prepare plans, specifications, form of .contract, etc. in conjunction with Asbestos Abatement Services Request for Proposals for 330 Madison Street, be approved. Voice vote - Ayes: Five. Motion carried. 137171 - Greenwood/Schmitt that plans, specifications, form of contract, etc. in conjunction with Asbestos Abatement Services Request for Proposals for 330 Madison Street, be received and placed on file. Voice vote -Ayes: Five. Motion carried. 137172 - Greenwood/Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with Asbestos Abatement Services Request for Proposals for 330 Madison Street", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2011-1160. 137173 - Greenwood/Schmitt that "Resolution setting date of hearing and bid opening as January 3, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with Asbestos Abatement Services Request for Proposals for 330 Madison Street", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2011-1161. December 19, 2011 Page 8 ORAL PRESENTATIONS John Sherbon, 1715 Robin Road, expressed concern with the solid waste funds being given to the City and then being used for the Sportsplex. Ryan Madison, 650 Dawson Street, expressed concern with the lack of green space in his neighborhood and with the additional liquor stores. Mr. Getty noted that he was against the transfer of the liquor license at the former KFC building but the owner has the legal right to do so. Forest Dillavou, 1725 Huntington Road, complimented the City for cleaning the above ground waterways in his neighborhood. Dennis Clark, Water Works General Manager, shared that the Des Moines Register has reported that the City of Des Moines is considering a 6 to 7% rate increase. Des Moines rates will be double what the average customer in the City of Waterloo pays for sanitary sewer and water. John Sherbon, 1715 Robin Road, clarified that the landfill fees are too high if they are able to refund the City every year. Mr. Welper reported that the fees at the landfill are set at the rate they are to encourage residents to recycle. Mr. Schmitt wished everyone a Merry Christmas. 137174 - Welper/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Five. Motion carried. ADJOURNMENT 137175 - Weiper/Schmitt that the Council adjourn at 7:09 p.m. Voice vote -Ayes: •Five. Motion carried. Suzy Schare City Clerk