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HomeMy WebLinkAboutMinutes-12/03/2012December 3, 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, December 3, 2012. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Brad Hagen, Airport Director. 140196 - Hart/Schmitt that the Agenda, as amended changing the direction of the street for item #24 and adding #25.5 setting a date of hearing, for the Regular Session on Monday, December 3, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 140197 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, November 19, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 140198 - 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. 1-35, dated December 3, 2012, in the amount of $3,550,293.56, 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, 2012-1130. 2. Request of Cedar Valley Hospitality House to hold Awareness Walk event to be held on Saturday, December 8, 2012, with the route to start at the Amphitheater and end at First Presbyterian Church located at Park and Franklin Streets -Submitted by Joe Leibold, Captain of Police Services. Resolution adopted and upon approval by Mayor assigned No. 2012-1131. 3. Request to certify the following assessments to properties for work performed by the Water Works, together with recommendation of approval of Board of Water Works Trustees -Submitted by Dennis Clark, General Manager of Waterloo Water Works: Address Amount to certify 621 Dawson Street $2,753.30 Resolution adopted and upon approval by Mayor assigned No. 2012-1132. b. Motion to approve the following: 1. 2. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Mike Schipper Haz Mat Technician Class Marshalltown, Iowa November 26-28, 2012 $190.00 Matt Vlasak, Signal Tech Foreman; Craig Hintzman, Signal Tech II; Tina Schellhorn, Electrical Foreman; Roger Wooden, Maintenance Electrician Fiber Optic Cabling for Ethernet Cedar Rapids, Iowa November 19, 2012 $780.00 December 3, 2012 3. Mayor Clark's recommendation of the following appointments: Page 2 Appointee Board/Commission Expiration Date New or Re - Appointment Hugh M. Field Airport Commission June 30, 2016 New Appointment Sulejman Dizdarevic Human Rights Commission January 1, 2015 Reappointment 4. Recommendation of appointment of Christopher Pett to the position of Plant Maintenance Mechanic, effective December 4, 2012 -Submitted by Larry N. Smith, Waste Management Services Superintendent 5. Recommendation of appointment of Travis Nichols to the position of Facilities/Project Manager, effective December 4, 2012 -Submitted by Paul Huting, Leisure Services Director Class C Beer License Permit Application 6. Aldi Inc #33, 1918 Schukei Road (Renewal) (Expires 11/3/13) (Includes Sunday Sales) Class C Liquor License Permit Application 7. Chapala Mexican Restaurant, 900 LaPorte Road (Renewal) (Expires 8/7/13) (Includes Sunday Sales) 8. Z's Restaurant & Lounge, 3937 West Airline Highway (Renewal) (Expires 10/31/13) 9. CU and The Cellar LLC, 320 East 4th Street (Renewal) (Expires 10/14/13) (Includes Sunday Sales & Catering Privilege) Class B Wine License Permit Application 10. Aldi Inc #33, 1918 Schukei Road (Renewal) (Expires 11/03/13) (Includes Sunday Sales) Outdoor Service Area Application 11. CU and The Cellar LLC, 320 East 4th Street (Renewal) (Expires 10/14/13) (Includes Sunday Sales & Catering Privilege) Roll call vote -Ayes: Seven. Motion carried. Mayor Clark recognized the new appointees on the agenda. PUBLIC HEARINGS 140199 - Hart/Welper that proof of publication of notice of public hearing on Purchase of Enterprise Agreement for Microsoft Office, as published in the Waterloo Courier on November 27, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 140200 - 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. Voice vote -Ayes: Seven. Motion carried. 140201 - Hart/Welper that "Resolution confirming approval of specifications, bid document, etc, in conjunction with Purchase of Enterprise Agreement for Microsoft Office", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1133. 140202 - Hart/Welper that "Resolution authorizing to proceed in conjunction with confirming approval of specifications, bid document, etc.", be adopted. (Bids will be awarded through State bidding process) Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1134. December 3, 2012 140203 - Schmitt/Hart Page 3 that proof of publication of notice of public hearing on Request of Carber Development, LC for the vacation, sale and conveyance of an alley next to 35 Fletcher Avenue to allow for the alley to be incorporated with the existing commercial development located at 35 Fletcher Avenue at a cost of $4,180.89, as published in the Waterloo Courier on November 27, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 140204 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Hart that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 140205 - Schmitt/Hart that "an Ordinance vacating an alley next to 35 Fletcher Avenue in conjunction with Request of Carber Development, LC for the vacation, sale and conveyance of an alley next to 35 Fletcher Avenue to allow for the alley to be incorporated with the existing commercial development located at 35 Fletcher Avenue at a cost of $4,180.89", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 140206 - Schmitt/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. 140207 - Schmitt/Hart that "an Ordinance vacating an alley next to 35 Fletcher Avenue in conjunction with Request of Carber Development, LC for the vacation, sale and conveyance of an alley next to 35 Fletcher Avenue to allow for the alley to be incorporated with the existing commercial development located at 35 Fletcher Avenue at a cost of $4,180.89", 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. 5137. 140208 - Schmitt/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. 2012-1135. 140209 - Getty/Hart that proof of publication of notice of public hearing on Request by Wayne Claassen Engineering and Surveying, Inc. on the behalf of Cooley and Cooley real Estate, LC to rezone 0.386 acres from "R-3" Multiple Residence District to "C - 2,C -Z" Conditional Zoning District, to allow for the establishment of an automobile sales lot and storage building at the southwest corner of West 7th Street and South Street, as published in the Waterloo Courier on November 27, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 140210 - 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 recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Voice vote - Ayes: Seven. Motion carried. December 3, 2012 Page 4 140211 - Getty/Hart 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 Rezone on Certain Property in conjunction with Request by Wayne Claassen Engineering and Surveying, Inc. on the behalf of Cooley and Cooley real Estate, LC to rezone 0.386 acres from "R-3" Multiple Residence District to "C - 2,C -Z" Conditional Zoning District, to allow for the establishment of an automobile sales lot and storage building at the southwest corner of West 7th Street and South Street", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 140212 - Getty/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. 140213 - Getty/Hart 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 Rezone on Certain Property in conjunction with Request by Wayne Claassen Engineering and Surveying, Inc. on the behalf of Cooley and Cooley real Estate, LC to rezone 0.386 acres from "R-3" Multiple Residence District to "C - 2,C -Z" Conditional Zoning District, to allow for the establishment of an automobile sales lot and storage building at the southwest corner of West 7th Street and South 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. 5138. 140214 - Greenwood/Schmitt to cancel public hearing due to the applicants withdrawing their request in conjunction with Request by MWF Properties to rezone 5.8 acres of land located at 907 Ricker Street from "M-2" Heavy Industrial District to "R -3,R -P" Planned Residence District, for the purpose of developing a 62 -unit multi -family development, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 140215 - Schmitt/Welper that "Resolution approving completion of project and release of $9,589.32 retainage and final acceptance of work performed by Gardner Construction of Waterloo, Iowa at a total cost of $191,786.47 for the Waterloo Center for the Arts - Window Replacement Project -Submitted by Craig Clark, Building Official/Maintenance Administrator", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1136. 140216 - Schmitt/Welper that "Resolution approving completion of project and final acceptance of work performed by Prairie Construction Services of Waterloo, Iowa at a total cost of $82,858.00 for the City Hall Clerk's Office Renovation Project -Submitted by Craig Clark, Building Official/Maintenance Administrator", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1137. 140217 - Schmitt/Welper that "Resolution approving recommendation of award of bid to Harrison Truck Center of Elk Run Heights, Iowa in the amount of $241,310.00 for the Purchase of Two (2) 2013 Single Axle Snow Control Trucks for the Street Department -Submitted by Mark Rice, Public Works Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1138. 140218 - Welper/Hart that "Resolution approving Quit Claim Deed to Dennis H. Hagenow for property generally located at West Parker Street and David Street; and authorize Mayor and City Clerk to execute said document -Submitted by David R. Zellhoefer, Assistant City Attorney", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1139. December 3, 2012 140219 - Welper/Hart Page 5 that "Resolution approving installation of 100 watt high pressure sodium street lights on wood poles at the following locations: southwest corner of West Shaulis Road and Hwy 21; northeast and southwest corner of West Shaulis Road and Kimball Avenue; northwest corner of West Shaulis Road and Ansborough Avenue; southwest corner of Geraldine Road and Airline Highway; north side of curve of 2800 block of Geraldine Road; three (3) lights located at the northeast side of 2300-2700 block of Easton Avenue -Submitted by Sandie Greco, Traffic Operations Superintendent", be adopted. Roll call vote -Ayes: Seven. Mr. Greenwood questioned whether the City pays for the poles and fixturing. Sandie Greco, Traffic Superintendant, reported that the City does not pay for them, it is a monthly fee. The fee is approximately $6.80 per month to operate. Mayor Clark noted that the Police Reserves are reporting street lights when they are out. Resolution adopted and upon approval by Mayor assigned No. 2012-1140. 140220 - Welper/Hart that "Resolution approving Golf Rates for 2013 Season -Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager", be adopted. Roll call vote -Ayes: Seven. Paul Huting, Leisure Services Director, reported that this is the third year of the City's three year cycle. The cost to provide a round of golf is difficult to quote because it mixes all different types such as senior, season pass, etc. The Leisure Services Commission met and has recommended not raising the rates for one more year. Mr. Schmitt expressed concern with the low daily rate. Resolution adopted and upon approval by Mayor assigned No. 2012-1141. 140221 - Cole/Hart that "Resolution approving the 2013 Budget of the Waterloo Water Works; and authorize City Clerk to file said documents with the Black Hawk County Auditor - Submitted by Dennis Clark, General Manager of Waterloo Water Works", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1142. 140222 - Cole/Hart that "Resolution approving Federal -Aid Agreement with the Iowa Department of Transportation for the F.Y. 2014 Kimball Avenue Transportation Improvements, Contract No. 843; and authorize Mayor and City Clerk 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. 2012-1143. 140223 - Cole/Hart that "Resolution approving Supplemental Agreement No. 1 with Ament, Inc. in an amount not to exceed $499,074.00 for engineering services in conjunction with F.Y. 2014 Kimball Avenue Transportation Improvements, Contract No. 843; and authorize Mayor and City Clerk to execute said document -Submitted by Jeff Bales, Associate Engineer", be adopted. Roll call vote -Ayes: Seven. Mr. Greenwood questioned what more will be done with the agreement. What Eric Thorson, City Engineer, reported this is the final design of all those improvements. This is being done with Federal funds and a City match. The Kimball/Ridgeway intersection is having the manholes raised after the overlay project. Mayor Clark recommended monthly updates on the project. Resolution adopted and upon approval by Mayor assigned No. 2012-1144. December 3, 2012 Page 6 140224 - Schmitt/Greenwood that "Resolution approving request of Robin Hood Enterprises, L.L.C. for the dedication of a 45 foot wide utility easement located on land southwesterly and westerly of Crusade Drive, just south of William Drive in Nottingham Heights Addition -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1145. 140225 - Schmitt/Greenwood that "Resolution approving demolition and site clearance contract in the amount of $37,700.00 with Frickson Brothers Excavating of Evansdale, Iowa for Demolition and Site Clearance Services (no regulated asbestos -containing materials) for the following properties: 1029 South Street, 616-618 W. 9th Street, 1135 Magnolia Parkway and 506 Reed Street -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1146. 140226 - Schmitt/Greenwood that "Resolution approving asbestos abatement contract with Active Thermal Concepts of Hiawatha, Iowa in the amount of $19,370.00 in conjunction with Asbestos Abatement Services for the following properties: 1029 South Street, 616-618 W. 9th Street, 506 Reed Street, 214-216 Independence Avenue and 622 Fowler -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1147. 140227 - Greenwood/Schmitt that "Resolution setting date of hearing as December 17, 2012 to approve request by Prime RE, LLC for an "S-1" Shopping Center District site plan amendment for property generally described as 2027 Crossroads Boulevard (formerly Bonanza restaurant) for the construction of a 'new 13,975 square foot retail strip center; and instruct City Clerk to publish notice -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1148. 140228 - Greenwood/Schmitt that "Resolution setting date of hearing as December 17, 2012 to approve request by InVision Architecture on behalf of Allen Hospital for a site plan amendment in the "R-4, C -Z" Conditional Zoning Multiple Family Residence District located at 1731-1753 West Ridgeway Avenue for the construction of a 7,900 square foot Pain Clinic just south of the existing United Medical Park at 1731 West Ridgeway Avenue; and instruct City Clerk to publish notice -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1149. 140229 - Greenwood/Schmitt that "Resolution setting date of hearing as December 17, 2012 to approve Development Agreement between Hydrite Chemical Company and the City of Waterloo for the expansion to a 9,400 square foot industrial building in the Airport TIF District, adding $300,000.00 of taxable value to site, and offering 5 years at 50 percent tax rebates to company; and instruct City Clerk to publish notice - Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1150. 140230 - Greenwood/Schmitt that "Resolution approving the Tax Increment Finance (TIF) electronic submittal reports to the State of Iowa for Fiscal Year 2012 -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1151. December 3, 2012 Page 7 ORDINANCES 140231 - Hart/Welper that "an Ordinance amending the 2008 Traffic Code by adding a new Subsection (24a) Crestline Avenue to Section 553, No Parking Here To Corner in conjunction with Ordinance Change -Section 553 -No Parking Here To Corner -east side of the 2600 block of Crestline Avenue in a southwesterly direction", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 140232 - 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. 140233 - Hart/Welper that "an Ordinance amending the 2008 Traffic Code by adding a new Subsection (24a) Crestline Avenue to Section 553, No Parking Here To Corner in conjunction with Ordinance Change -Section 553 -No Parking Here To Corner -east side of the 2600 block of Crestline Avenue in a southwesterly direction", 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. 5139. 140234 - Getty/Greenwood that "an Ordinance amending the 2008 Traffic Code by Repealing Subsection (10) E. Seventh Street to Section 563, One Hour Parking in conjunction with Rescind Ordinance Section 563 (10) -One Hour Parking 8:00 a.m. to 6:00 p.m. on East 7th Street", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 140235 - Getty/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 140236 - Getty/Greenwood that "an Ordinance amending the 2008 Traffic Code by Repealing Subsection (10) E. Seventh Street to Section 563, One Hour Parking in conjunction with Rescind Ordinance Section 563 (10) -One Hour Parking 8:00 a.m. to 6:00 p.m. on East 7th 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. 5140. Sandie Greco, Traffic Superintendant, reported that it is no longer one hour parking and parking is now allowed on the street at any time. 140237 - Hart/Welper that "an Ordinance amending the 2008 Traffic Code by amending Subsection (66) Shaulis Road of Section 541, Increasing Speed Limits in certain areas; and enacting in lieu thereof a new Subsection (66) Shaulis Road of Section 541, Increasing Speed Limits In Certain Areas in conjunction with Ordinance Change - Section 541 - Increasing Speed Limits; West Shaulis Road from Highway 63 to Hoff Road - 35 MPH; West Shaulis Road from Hoff Road to Kimball Avenue - 45 MPH; East Shaulis Road from Kimball Avenue to Highway 21 - 45 MPH", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 140238 - 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. December 3, 2012 Page 8 140239 - Hart/Welper that "an Ordinance amending the 2008 Traffic Code by amending Subsection (66) Shaulis Road of Section 541, Increasing Speed Limits in certain areas; and enacting in lieu thereof a new Subsection (66) Shaulis Road of Section 541, Increasing Speed Limits In Certain Areas in conjunction with Ordinance Change - Section 541 - Increasing Speed Limits; West Shaulis Road from Highway 63 to Hoff Road - 35 MPH; West Shaulis Road from Hoff Road to Kimball Avenue - 45 MPH; East Shaulis Road from Kimball Avenue to Highway 21 - 45 MPH", 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. 5141. OTHER COUNCIL BUSINESS 140240 - Schmitt/Greenwood to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with Gates Park Golf Course -Virden Creek Erosion Project, be approved. Voice vote -Ayes: Seven. Motion carried. 140241 - Schmitt/Greenwood that plans, specifications, form of contract, etc. in conjunction with Gates Park Golf Course -Virden Creek Erosion Project, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 140242 - Schmitt/Greenwood that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with Gates Park Golf Course -Virden Creek Erosion Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1152. 140243 - Schmitt/Greenwood that "Resolution setting date of hearing and bid opening as December 17, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with Gates Park Golf Course -Virden Creek Erosion Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1153. 140244 - Welper/Schmitt that "Resolution setting date of hearing as December 10, 2012 to approve the issuance of not to exceed $14,000,000.00 principal amount of Midwestern Disaster Area Revenue Bonds (New Empire, L.L.C. Project) Series 2012; and authorize City Clerk to publish said notice- Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-1154. ORAL PRESENTATIONS Forest Dillavou, 1725 Huntington Road, expressed concern with tax breaks in Waterloo. 140245 - Hart/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 140246 - Hart/Schmitt that the council adjourn to Executive Session at 6:06 p.m. Roll call vote -Ayes: Seven. Motion carried. City Attorney Jim Walsh stated that discussion of pending litigation is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(c)(2011). December 3, 2012 EXECUTIVE SESSION 140247 Hart/Schmitt Page 9 that the council adjourn Executive Session at 6:28 p.m. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 140248 - Hart/Schmitt that the Council adjourn at 6:28 p.m. Voice vote -Ayes: Seven. Motion carried. y Schares City Clerk