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HomeMy WebLinkAboutMinutes-05/09/2011May 9, 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, May 9, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Ron Welper, Ward 5 Council Member. 136425 - Hart/Schmitt that the Agenda, as amended, for the Regular Session on Monday, May 9, 2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 136426 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, May 2 ,2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark read a Proclamation declaring Saturday, May 14, 2011 as Letter Carrier Food Drive Day. CONSENT AGENDA 136427 - 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 Schedule AP642, pp. 1-60, dated May 9, 2011, in the amount of $2,289,909.03, 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. 2011-365. 2. Request of ABATE of Iowa District 16 to hold Motorcycle Awareness Ride to be held on Saturday, May 14, 2011 from 11:00 a.m. to 12:00 p.m., with the route to start at Black Hawk County Courthouse, travel through Evansdale, Waterloo and Cedar Falls and end at Silver Eagle Harley -Davidson -Submitted by Daniel J. Trelka, Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2011-366. 3. Request of Lou Porter to hold KBBG-FM 35th Annual Parade on August 20, 2011 with lineup to start at 8:00 a.m. and parade to end at approximately 11:50 p.m., parade route will start at East 4th and Donald Streets, then travel south on East 4th Street, then east onto Newell Street and end at KBBG radio station on the corner of Mobile and Newell Streets -Submitted by Daniel J. Trelka, Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2011-367. 4. Request of Cool 105.7 Radio to hold the 4th Street Cruise on May 28, 2011 from 12:00 p.m. to 4:00 p.m. with cars from the east side traveling from Mulberry Street across the river on Fourth Street to Bluff Street and returning on Park Avenue back to Mulberry Street; cars from the West side will travel from Bluff Street across the river on Fourth Street to Mulberry Street and will return to Bluff Street on Fifth Street -Submitted by Daniel J. Trelka, Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2011-368. 5. Request of Rev. David Van Netten of Grace Reformed Church for a variance to the Noise Ordinance on June 12, 2011 and August 14, 2011 from 8:00 a.m. to 1:00 p.m. in conjunction with Sunday in the Park event that will be held at Galloway Park, including PA system and live DJ, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2011-369. May 9, 2011 Page 2 6. Resolution approving the cancellation of assessment for 935 Steely Street in the amount of $176.89; and authorizing City Clerk to notify Black Hawk County Treasurer of said cancellation -Submitted by Suzy Schares, City Clerk. Resolution adopted and upon approval by Mayor assigned No. 2011-370. b. Motion to approve the following: 1. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Darren and Nicole Smith, Exhibition Lenders Travel to Waterloo to view exhibition, attend recognition dinner and present a gallery talk Waterloo, Iowa from Chicago, Illinois May 3-4, 2011 $328.00 Class C Beer License Permit Application 2. Kwik Stop, 4335 Texas Street (Renewal) (Expires 4/30/12) (Includes Sunday Sales) Class C Liquor License Permit Application 3. Legends, 2122 Kimball Avenue (Renewal) (Expires 3/27/12) (Includes Sunday Sales) 4. Golden China. Restaurant, 2046 E. Ridgeway Avenue (Renewal) (Expires 5/4/12) (Includes Sunday Sales) 5. A J's Eatery & Spirits (Renewal) (Expires 4/21/12) (Includes Sunday Sales) 6. Olive Garden, 1315 E. San Marnan Drive (Renewal) (Expires 5/28/12) (Includes Sunday Sales) 7. El Patron Family Mexican Restaurant, 301 E. 4th Street (New) (Expires 4/15/12) (Includes Sunday Sales & Brew Pub) Class E Liquor License Permit Application 8. Kwik Stop, 4335 Texas Street (Renewal) (Expires 4/30/12) (Includes Sunday Sales) Class B Wine License Permit Application 9. Kwik Stop, 4335 Texas Street (Renewal) (Expires 4/30/12) (Includes Sunday Sales) Fireworks Display Application 10.Waterloo Bucks Baseball, 850 Park Rd. on June 4, July 9, July 16, and August 13, 2011. 11.Bonds Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 136428 - Schmitt/Welper that proof of publication of notice of public hearing on One (1) Current Model Year Trailer Mounted Crack -Sealer Unit with Heated Wand, as published in the Waterloo Courier on May 5, 2011, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 136429 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Greenwood that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. May 9, 2011 Page 3 136430 - Schmitt/Greenwood that "Resolution confirming approval of specifications, bid document, etc. in conjunction with One (1) Current Model Year Trailer Mounted Crack -Sealer Unit with Heated Wand", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-371. 136431 - Schmitt/Greenwood that "Resolution authorizing to proceed in conjunction with One (1) Current Model Year Trailer Mounted Crack -Sealer Unit with Heated Wand", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-372. 136432 - Schmitt/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to Public Works Director for review: Bidder Bid Amount Logan Contractors Supply, 4101 106th Street Des Moines, Iowa 50322 Inc. $36,700.00 $34,300.00 Star Equipment Ltd. 2950 6th Street SW Cedar Rapids, Iowa 52404 $48,474.00 Voice vote -Ayes: Seven. Motion carried. 136433 - Greenwood/Schmitt that proof of publication of notice of public hearing to rezone approximately 1.63 acres of land located at the former Lafayette Elementary site at 2265 Lafayette Street from "R-3" Multiple Residence District to "R-1, R -P" Planned Residence District to allow for future one and two family development, as published in the Waterloo Courier on May 5, 2011, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 136434 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Councilperson Getty asked if the city owns the property. Noel Anderson, Community Planning & Development Director, responded that it was bought by a developer approximately 10 years ago. The building fell into a state of disrepair. The city took acquisition of the property approximately a year and a half ago. Councilperson Getty asked if the building is still there. Mr. Anderson responded that the building is still there but staff is working to get it demolished. Councilperson Getty responded that the city will have to take care of taking it down. Mr. Anderson stated that was correct. Greenwood/Schmitt that the hearing be closed and file recommendation of approval of Planning, Programming and Zoning Commission and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 136435 - Greenwood/Schmitt that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 419 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. May 9, 2011 Page 4 136436 - 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. 136437 - Greenwood/Schmitt that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 419 to Section 2A-5, Rezoning Certain Property", 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. 5045. 136438 - Cole/Hart that proof of publication of notice of public hearing to rezone approximately 7.40 acres of land located at the Edison Elementary site at 740 Magnolia Parkway, located along the west side of Magnolia Parkway, directly to the north of Falls Avenue from "R-2" One and Two Family Residence District to "R-1, R -P" Planned Residence District to allow for future one and two family development as published in the Waterloo Courier on May 5, 2011, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 136439 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Forrest Dillavou, 1725 Huntington Road, stated that he owns a home across. from Edison Elementary and stated that the community was told the playground was going to be reserved for a park. He asked if it is still planned to be a park or not. Paul Huting, Leisure Services Director, stated that a portion of the property was set aside for park purposes. Noel Anderson, Community Planning & Development Director, pointed out the portion that is being set aside for park purposes on a map on display. He stated that the area will consist of the portion of the current playground and land from the existing building. After setting aside that portion there will still be area for development. Mr. Dillavou questioned the position of the park. Mr. Anderson, stated that the park would be located off the street to the north and then off the back side of the houses to the western portion near the alley. Mr. Dillavou stated that was not a very good place. Cole/Hart that the hearing be closed and file recommendation of approval of Planning, Programming and Zoning Commission and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 136440 - Cole/Hart that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 420 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 136441 - Cole/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. 136442 - Cole/Hart that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 420 to Section 2A-5, Rezoning Certain Property",. 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. 5046. May 9, 2011 Page 5 136443 - Getty/Hart that proof of publication of notice of public hearing on request of D & J Investments for the sale and conveyance of city -owned land abutting 3900 Alexandria Drive at a cost of $10,970.61 plus costs for the purpose of a new commercial building addition and parking lot expansion, as published in the Waterloo Courier on May 5, 2011, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 136444 - 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. Voice vote -Ayes: Seven. Motion carried. 136445 - Getty/Hart that "Resolution authorizing said sale and conveyance; and authorize City Attorney to prepare and deliver deed accordingly", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-373. 136446 - Schmitt/Welper that proof of publication of notice of public hearing on Development Agreement with OFI Properties, LLC for the sale and conveyance for $1.00 approximately 2.48 acres of city -owned property generally located on GT Drive in the Northeast Industrial Park, for the purpose of construction of a new 17,500 sq. foot industrial building, as published in the Waterloo Courier on May 5, 2011, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 136447 - 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. Voice vote -Ayes: Seven. Motion carried. 136448 - Schmitt/Welper that "Resolution authorizing said sale and conveyance; and authorize City Attorney to prepare and deliver deed accordingly", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-374. 136449 - Schmitt/Welper that "Resolution approving said development agreement; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-375. RESOLUTIONS 136450 - Welper/Hart that "Resolution approving change to the City of Waterloo Multi -Hazard Emergency Operations/Management Plan, dated June 2006 -Submitted by Mark Rice, Public Works Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-376. 136451 - Welper/Hart that "Resolution approving request to piggyback from current open bid and Purchase One (1) 2012 Tandem Axel Dump Truck with snow plow and brine tank in the amount of $131,884.00 -Submitted by Mark Rice, Public Works Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-377. May 9, 2011 Page 8 Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-390. 136466 - Hart/Cole that "Resolution to fix date of hearing as May 23, 2011 on the issuance of not to exceed $1,819,000 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 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 and the Martin Road Urban Renewal Area, including costs associated with the downtown development plan, demolition costs, and the acquisition of properties and clearance and preparation of the same for public and private redevelopment; and authorize City Clerk to publish notice of same - Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-391. 136467 - Hart/Cole that "Resolution to fix date of hearing as May 23, 2011 on the issuance of not to exceed $672,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the reconstruction, renovation and improvement of the Five Sullivan Brothers Center, Downtown Parking Garages, Riverfront Stadium, Young Arena, the Center for the Arts, Youth Pavilion and the Public Market Facility; and the funding of City website development costs, and shall bear interest at a rate not exceeding the maximum specified in the attached notice; and authorize City Clerk to publish notice of same -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-392. 136468 - Cole/Hart that "Resolution to fix date of hearing as May 23, 2011 on the issuance of not to exceed $687,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the acquisition and replacement of vehicles, capital equipment, office equipment, financial software upgrades and computer replacements for various City departments, operations and buildings, and shall bear interest at a rate not exceeding the maximum specified in the attached notice; and authorize City Clerk to publish notice of same -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-393. 136469 - Cole/Hart that "Resolution to fix date of hearing as May 23, 2011 on the issuance of not to exceed $645,000 of General Obligation Bonds., the proceeds of which bonds will be used to provide funds to pay costs of the reconstruction, remodeling, improvement, equipping and repairing of various City, buildings and facilities, including Police Training Center and Station improvements, Public Library and ADA compliance improvements; swimming pool renovations; the improvement of City golf courses and the acquisition of related off-road maintenance equipment, and shall bear interest at a rate not exceeding the maximum specified in the attached notice; and authorize City Clerk to publish notice of same -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-394. 136470 - Greenwood/Hart that "Resolution to fix date of hearing as May 23, 2011 on the issuance of not to exceed $3,900,000 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 and refinancing of certain outstanding City indebtedness, consisting of the General Obligation Bonds, Series 2004A, dated June 30, 2004; and authorize City Clerk to publish notice of same -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-395. May 9, 2011 Page 9 136471 - Greenwood/Hart that "Resolution to fix date of hearing as May 23, 2011 on the issuance of not to exceed $2,600,000 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 and refinancing of certain outstanding City indebtedness, consisting of the General Obligation Bonds, Taxable Series 2004B, dated June 30, 2004; and authorize City Clerk to publish notice of same -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-396. 136472 - Schmitt/Hart that "Resolution to fix date of hearing as May 23, 2011 on the issuance of Sewer Revenue Refunding Bonds to the amount of not to exceed $3,200,000, as authorized by Sections 384.82 and 384.83, of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and authorize City Clerk to publish notice of same -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-397. 136473 - Schmitt/Hart that "Resolution to fix date of hearing as May 23, 2011 on the issuance of Sewer Revenue Refunding Bonds to the amount of not to exceed $5,200,000, as authorized by Sections 384.82 and 384.83, of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and authorize City Clerk to publish notice of same -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote -Ayes: Seven. Councilperson Greenwood asked about the time frame on the refunding of bonds. Michelle Weidner, Chief Financial Officer, stated the city could do the refunding of bonds after the call date. The bond issues have a call date in them and we typically set that to seven or eight years from the issue date. The city could do them earlier but tend to do them all at once because of fees and to go through this process one time a year instead of several times a year. Most of the bonds are issued in June so we are probably looking at June for each call date. Resolution adopted and upon approval by Mayor assigned No. 2011-398. 136474 - Getty/Greenwood that "Resolution approving the cancellation of Tuesday, July 5, 2011 City Council meeting due to the Fourth of July Holiday", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-399. 136475 - Hart/Schmitt that "Resolution declaring a moratorium for a period of 180 days for new alcohol-related drinking and retail establishments (including transfers) in the Broadway, East 4th Street, Church Row, and Logan Avenue proposed overlay districts", be adopted. Roll call vote -Ayes: Six. Nays: Welper. Councilperson Welper, stated that he wanted to see more information and the mapping given in the packets showed more than just the Church Row Neighborhood District. Tonight council was provided new maps that showed a smaller section and he is still uncomfortable with passing this moratorium. He still believes in the free enterprise system. He understands that the neighborhoods are upset and he would be too but at the same time the smaller entrepreneurs are going to be pushed out. He does not see several dozen alcohol related businesses going into these areas and will be voting against it. Resolution adopted and upon approval by Mayor assigned No. 2011-400. ORDINANCES 136476 - Greenwood/Schmitt that "an Ordinance Repealing Section 335, Parking Fines, of the 2008 Traffic Code; And Enacting In Lieu Thereof a New Section 335, Parking Fines(Parking Fine Rate Increase)", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. May 9, 2011 136477 - Greenwood/Schmitt Page 10 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 136478 - Greenwood/Schmitt that "an Ordinance Repealing Section 335, Parking Fines, of the 2008 Traffic Code; And Enacting In Lieu Thereof a New Section 335, Parking Fines(Parking Fine Rate Increase)", 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. 5047. OTHER COUNCIL BUSINESS 136479 - Hart/Welper to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with Sullivan Park Play Structure, be approved. Voice vote -Ayes: Seven. Motion carried. 136480 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with Sullivan Park Play Structure, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 136481 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with Sullivan Park Play Structure", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-401. 136482 - Hart/Welper that "Resolution setting date of hearing and bid opening as May 23, 2011 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. and the taking of bids in conjunction with Sullivan Park Play Structure", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-402. 136483 - Getty/Hart to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2011 Waterloo Forestry Building Upgrades, be approved. Voice vote -Ayes: Seven. Motion carried. 136484 - Getty/Hart that plans, specifications, form of contract, etc. in conjunction with 2011 Waterloo Forestry Building Upgrades, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 136485 - Getty/Hart that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with 2011 Waterloo Forestry Building Upgrades", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-403. 136486 - Getty/Hart that "Resolution setting date of hearing and bid opening as May 23, 2011 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. and the taking of bids in conjunction with 2011 Waterloo Forestry Building Upgrades", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-404. 136487 - Hart/Greenwood to instruct Fire Chief to prepare specifications, bid document, etc. in conjunction with Purchase of Portable Water Pump for Live Fire Training, be approved. Voice vote -Ayes: Seven. Motion carried. May 9, 2011 Page 11 136488 - Hart/Greenwood that specifications, bid document, etc. in conjunction with Purchase of Portable Water Pump for Live Fire Training, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 136489 - Hart/Greenwood that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with Purchase of Portable Water Pump for Live Fire Training", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-405. 136490 - Hart/Greenwood that "Resolution setting date of hearing and bid opening as June 13, 2011 and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids in conjunction with Purchase of Portable Water Pump for Live Fire Training", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-406. ORAL PRESENTATIONS None ADJOURNMENT 136491 - Cole/Hart that the Council adjourn at 6:20 p.m. Voice vote -Ayes: Seven. Motion carried. CarolFailor v k Deputy City Clerk