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HomeMy WebLinkAboutMinutes-04/09/2012April 9, 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, April 9, 2012. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Cammie Scully, Director of Cultural & Arts Commission. 137754 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, April 9, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 137755 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, April 2, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark read a Proclamation declaring April 9-14, 2012 as National Community Development Week. Mayor Clark read a Proclamation declaring April 2012 as Sexual Assault Awareness Month. Tammy Turner, Waste Trac Recycling Educator with Black Hawk County Solid Waste Management Commission, presented information on the Electronics & Household Hazardous Materials Drop-off Event to be held on Saturday, April 14, 2012. CONSENT AGENDA 137756 - 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. 1-49, dated April 9, 2012, in the amount of $916,586.46, 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. 2012-304. 2. Request to designate April 9-14, 2012 as National Community Development Week to commemorate 37 years of funding through the Community Development Block Grant program in the City of Waterloo, Iowa -Submitted by Rudy Jones, Community Development Director. Resolution adopted and upon approval by Mayor assigned No. 2012-305. 3. Request of Kittrell Elementary School to hold 5K Walk/Run event to be held at Kittrell Elementary school on Saturday, April 14, 2012 from 9:00 a m to 11:00 a.m., together with approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2012-306. 4. Cancellation of assessments for Parcel Nos. 8813-03-427-004 and 8913-15- 489-002; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2012-307. April 9, 2012 b. Motion to approve the following: 1. Page 2 Travel Requests Name & Title of Class/Meeting Amount not Personnel Destination Date(s) to Exceed Suzy Schares, City Clerk; Mark Fundamentals of Risk Davenport, Iowa May 14- 16, 2012 $665.00 Rice, Public Management for Works Director; Government Dan Trelka, Entities Director of Safety Services 2. Mayor Clark's recommendation of the following appointment: Appointee Board/Commission Expiration Date New or Re - Appointment Terry Kuntz Water Works Board of Trustees January 12, 2018 Re -appointment Class C Beer License Permit Application 3. Dollar General Store *4698, 2935 Logan Avenue (New) (Expires 3/1/2013) (Includes Sunday Sales) 4. Dollar General Store #7136, 66 E. Tower Park Drive (New) (Expires 3/1/2013) (Includes Sunday Sales) 5. Dollar General Store #10073, 3815 University Avenue (New) (Expires 3/1/2013) (Includes Sunday Sales) 6. Kwik Stop, 4335 Texas Street (Renewal) (Expires 4/30/2013) (Includes Sunday Sales) Class C Liquor License Permit Application 7. El Patron Family Mexican Restaurant, 301 E. 4/4/2013) (Includes Sunday Sales) 4th Street (Renewal) (Expires Class E Liquor License Permit Application 8. Kwik Stop, 4335 Texas Street (Renewal) (Expires 4/30/2013) (Includes Sunday Sales) Class B Wine License Permit Application 9. Dollar General Store #4698, 2935 Logan Avenue (New) (Expires 3/1/2013) (Includes Sunday Sales) 10.Dollar General Store #7136, 66 E. Tower Park Drive (New) (Expires 3/1/2013) (Includes Sunday Sales) 11.Dollar General Store #10073, 3815 University Avenue (New) (Expires 3/1/2013) (Includes Sunday Sales) 12.Kwik Stop, 4335 Texas Street (Renewal) (Expires 4/30/2013) (Includes Sunday Sales) Outdoor Service Area Application 13.Las Margaritas, 2822 University Avenue, (Renewal) (3/16/2012 to 6/30/2012) 14.Bonds Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 137757 - Schmitt/Greenwood that proof of publication of notice of public hearing on F.Y. 2012 Street Reconstruction Program, Contract No. 819, as published in the Waterloo Courier on April 5, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137758 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Mr. Hart questioned if there is a set length of time for the projection and if there is an assessment to the contractor if this timeline is not met. Eric Thorson, City Engineer, reported that the City works with the contractors to meet the timelines set at the beginning of the project. There are situations such as weather, which requires these deadlines to be flexible. April 9, 2012 Schmitt/Greenwood Page 3 that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137759 - Schmitt/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Street Reconstruction Program, Contract No. 819", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-308. 137760 - Schmitt/Greenwood that "Resolution ordering construction in conjunction with F.Y. 2012 Street Reconstruction Program, Contract No. 819", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-309. 137761 - Schmitt/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Security Division I Total Base Bid + Alternate A Bid Amount Division I Total Base Bid + Alternate B Bid Amount Division II (Water Main) Bid Amount Division I Total Base Bid + Alternate A + Division II Bid Amount Division I Total Base Bid + Alternate B + Division II Bid Amount Aspro, Inc. PO Box 2620 Waterloo, Iowa 50704 5% $7,449,459.47 Voice vote -Ayes: Seven. Motion carried. 137762 - Greenwood/Schmitt that proof of publication of notice of public hearing on request of Croell Readi Mix Inc. for a site plan amendment to the "M -2,P" Planned Industrial District for property generally located at 4802 Sergeant Road for the purpose of constructing a temporary redi-mix batch plant on the property for a period of 24 months, as published in the Waterloo Courier on April 5, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137763 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Aric Schroeder, City Planner, noted that it is along the bike trail but it should not have an impact on the trail. 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. 137764 - 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 Croell Readi Mix Inc. for a site plan amendment to the "M -2,P" Planned Industrial District for property generally located at 4802 Sergeant Road for the purpose of constructing a temporary redi-mix batch plant on the property for a period of 24 months", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137765 - 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. April 9, 2012 Page 4 137766 - 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 Croell Readi Mix Inc. for a site plan amendment to the "M -2,P" Planned Industrial District for property generally located at 4802 Sergeant Road for the purpose of constructing a temporary redi-mix batch plant on the property for a period of 24 months", 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. 5111. 137767 - Getty/Schmitt that proof of publication of notice of public hearing on request by Invision Architecture on behalf of the Waterloo Community School District to rezone 20.56 acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District, property located at the northeast corner of Kimball Avenue and East Orange Road in connection with the new Orange Elementary School, generally located at the northeast corner of Kimball Avenue and East Orange Road, as published in the Waterloo Courier on April 5, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137768 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/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. 137769 - Getty/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, Rezoning Certain Property in conjunction with request by Invision Architecture on behalf of the Waterloo Community School District to rezone 20.56 acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District, property located at the northeast corner of Kimball Avenue and East Orange Road in connection with the new Orange Elementary School, generally located at the northeast corner of Kimball Avenue and East Orange Road", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137770 - Getty/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. 137771 - Getty/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, Rezoning Certain Property in conjunction with request by Invision Architecture on behalf of the Waterloo Community School District to rezone 20.56 acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District, property located at the northeast corner of Kimball Avenue and East Orange Road in connection with the new Orange Elementary School, generally located at the northeast corner of Kimball Avenue and East Orange Road", 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. 5112. 137772 - Greenwood/Schmitt that proof of publication of notice of public hearing on request by Waterloo Development Corporation and the City of Waterloo to rezone the area bonded by Jefferson Street, West 1St Street, West 3rd Street and Washington Street from "M- 1" Light Industrial District to "C-3" Central Business District, to allow for the development of a new 130,000 square foot recreational and athletic indoor sports facility (Cedar Valley Sportsplex), as published in the Waterloo Courier on April 5, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. April 9, 2012 Page 5 137773 - 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: Seven. Motion carried. 137774 - 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, Rezoning Certain Property in conjunction with request by Waterloo Development Corporation and the City of Waterloo to rezone the area bonded by Jefferson Street, West 1st Street, West 3rd Street and Washington Street from "M- 1" Light Industrial District to "C-3" Central Business District, to allow for the development of a new 130,000 square foot recreational and athletic indoor sports facility (Cedar Valley Sportsplex)", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137775 - 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. 137776 - 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, Rezoning Certain Property in conjunction with request by Waterloo Development Corporation and the City of Waterloo to rezone the area bonded by Jefferson Street, West 1st Street, West 3rd Street and Washington Street from "M- 1" Light Industrial District to "C-3" Central Business District, to allow for the development of a new 130,000 square foot recreational and athletic indoor sports facility (Cedar Valley Sportsplex)", 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. 5113. 137777 - Cole/Getty that proof of publication of notice of public hearing on request to vacate a portion of West 2nd Street located between Jefferson Street and Washington Street, a portion of Washington Street from West 3rd Street to West 2nd Street, and a portion of the public alleys located in Block 13 and Block 14 of Original Plat of Waterloo West, subject to the retention of a utility easement over, under and upon the portion of vacated Washington Street, to allow for the development of a new 130,000 square foot recreational and athletic indoor sports facility (Cedar Valley Sportsplex), as published in the Waterloo Courier on April 5, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137778 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Cole/Getty that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137779 - Cole/Getty that "an Ordinance vacating a portion of West 2nd Street located between Jefferson Street and Washington Street, a portion of Washington Street from West 3rd Street to West 2nd Street, and a portion of the public alleys located in Block 13 and Block 14 of Original Plat of Waterloo West, subject to the retention of a utility easement over, under and upon the portion of vacated Washington Street in conjunction with request to vacate a portion of West 2nd Street located between Jefferson Street and Washington Street, a portion of Washington Street from West 3rd Street to West 2nd Street, and a portion of the public alleys located in Block 13 and Block 14 of Original Plat of Waterloo West, subject to the retention of a utility easement over, under and upon the portion of vacated Washington Street, to allow for the development of a new 130,000 square foot recreational and athletic indoor sports facility (Cedar Valley Sportsplex)", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. April 9, 2012 Page 6 137780 - Cole/Getty that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137781 - Cole/Getty that "an Ordinance vacating a portion of West 2nd Street located between Jefferson Street and Washington Street, a portion of Washington Street from West 3rd Street to West 2nd Street, and a portion of the public alleys located in Block 13 and Block 14 of Original Plat of Waterloo West, subject to the retention of a utility easement over, under and upon the portion of vacated Washington Street in conjunction with request to vacate a portion of West 2nd Street located between Jefferson Street and Washington Street, a portion of Washington Street from West 3rd Street to West 2nd Street, and a portion of the public alleys located in Block 13 and Block 14 of Original Plat of Waterloo West, subject to the retention of a utility easement over, under and upon the portion of vacated Washington Street, to allow for the development of a new 130,000 square foot recreational and athletic indoor sports facility (Cedar Valley Sportsplex)", 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. 5114. RESOLUTIONS 137782 - Welper/Schmitt that "Resolution approving recommendation of award of contract to The Louis Berger Group, Inc. of Marion, Iowa in the amount of $17,560.00 for Sans Souci Historic Booklet Services in connection with Public Assistance (PA) Demolition Activities of the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote - Ayes: Seven. Aric Schroeder, City Planner, explained that after the floods of 2008 FEMA did a historic review of the properties on San Souci Island. It was found that the properties being demolished were historic and needed to be documented. The City will receive copies of the booklets when finished. Resolution adopted and upon approval by Mayor assigned No. 2012-310. 137783 - Welper/Schmitt that "Resolution approving amendment to Development Agreement with Waterloo Development Corporation (WDC) to allow WDC access to the property generally located between West 1st Street and West 3rd Street, between Washington Street and Jefferson Street to begin site development activities for construction of the Cedar Valley Sportsplex-Submitted by Mayor Buck Clark", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-311. 137784 - Welper/Schmitt that "Resolution rescinding Resolution No. 2012-257 authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly in conjunction with request of Dolly James, LLC to vacate any and all easements generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street to allow for the construction of a multi -family housing development -Submitted by Suzy Schares, City Clerk", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-312. 137785 - Schmitt/Greenwood that "Resolution approving a contract addendum to the contract originally dated February 23, 2009 with Denver Construction of Denver, Iowa extending said agreement for two years to expire on April 9, 2014 at a cost of $55.89 per ton for the Drop Off Site Recycling Collection and Disposal Program; and authorize Mayor and City Clerk to execute said document -Submitted by Larry N. Smith, Waste Management Services Superintendent", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-313. April 9, 2012 137786 - Schmitt/Greenwood e 7 that "Resolution setting date of hearing as April 16, 2012 to review the proposed funding recommendations set forth by the Community Development Board for CDBG and HOME Program funds for the FY2013 Waterloo/Cedar Falls HOME Consortium Consolidated Plan application; and instruct City Clerk to publish notice -Submitted by Rudy Jones, Community Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-314. 137787 - Schmitt/Greenwood that "Resolution accepting bid, award of contracts and approval of contracts, bonds, certificates of insurance to ATC of Waterloo, Iowa in the amount of $1,195.00 in conjunction with Asbestos Survey Services for the following properties: 320 West 2nd Street and 218 West Mullan Avenue; 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. 2012-315. 137788 - Hart/Welper that "Resolution declaring a moratorium for a period of 90 days for approval or licensing of new alcohol-related drinking and retail establishments (including new licenses and transfers) in the proposed Broadway Overlay District in the City of Waterloo, Black Hawk County, Iowa -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-316. 137789 - Hart/Welper that "Resolution accepting bid, award of contracts and approval of contracts, bonds, certificates of insurance to Howard R. Green of Cedar Rapids, Iowa in the amount not to exceed $3,217.00 to prepare Phase II Environmental Assessments on 212, 220, and 222 Jefferson Street (Cedar Valley Sports Plex Area); 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. 2012-317. OTHER COUNCIL BUSINESS 137790 - Hart/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Asphalt Overlay Program, Contract No. 818, be approved. Voice vote -Ayes: Seven. Motion carried. 137791 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Asphalt Overlay Program, Contract No. 818, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137792 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Asphalt Overlay Program, Contract No. 818", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-318. 137793 - Hart/Welper that "Resolution setting date of hearing and bid opening as April 23, 2012 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Asphalt Overlay Program, Contract No. 818", be adopted. Roll call vote -Ayes: Seven. John Sherbon, 1715 Robin Road, expressed concern that the streets are not being completed in a timely matter. He requested that the contractor be given a set amount of time to complete the projects. Mayor Clark thanked him for his comments and noted that the issue is being addressed. Resolution adopted and upon approval by Mayor assigned No. 2012-319. April 9, 2012 Page 8 137794 - Hart/Welper to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2012 Riverfront Stadium Box Seating Project, be approved. Voice vote -Ayes: Seven. Motion carried. 137795 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with 2012 Riverfront Stadium Box Seating Project, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137796 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with 2012 Riverfront Stadium Box Seating Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-320. 137797 - Hart/Welper that "Resolution setting date of hearing and bid opening as April 23, 2012 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with 2012 Riverfront Stadium Box Seating Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-321. ORAL PRESENTATIONS Phil Destival reported that his property is just north of Cedar Valley Lawn Care and the water from the large buildings is flowing onto his property. He asked why the property owner is not being required to put in the retention ponds he is required to have. Shawn Payne, 107 Elmwood, reported that Harris Cleaning is throwing material out of a building downtown that is covering citizens walking down the street. He expressed concern with the lack of communication from Code Enforcement. John Sherbon, 1715 Robin Road, expressed concern with tax appraisal increases. He suggested using the Hotel/Motel tax funds. Ryan Madison, 650 Dawson Street, thanked Council for passing a moratorium on liquor licenses. He reported that other states are putting it in the voter's hand. He suggested putting a committee together to decrease the number of liquor stores. Mayor Clark noted that the moratorium was set for 90 days to allow City staff to develop an overlay in the area to be brought to Council for approval. 137798 - Hart/Cole that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 137799 - Hart/Cole that the Council adjourn at 6:20 p.m. Voice vote -Ayes: Seven. Motion carried. zy Sch.:res City Clerk