HomeMy WebLinkAboutMinutes-12/17/2012December 17, 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 17, 2012. Mayor Ernest G.
Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Larry Smith, Superintendent of Waste Management Services.
140269 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, December 17,
2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
140270 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, December 10,
2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
140271 - 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. 1-39, dated
December 17, 2012, in the amount of $3,767,345.85 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. 2012-1169.
2. Request of Michael Bauler for tax exemptions on improvements totaling
$30,000.00 for property located at 2573 Logan Avenue and located in the
Consolidated Urban Revitalization Area (CURA)-Submitted by Chris Western,
Planner II.
Resolution adopted and upon approval by Mayor assigned No. 2012-1170.
3. Request of Dave Lederman for tax exemptions on improvements totaling
$560,000.00 for property located at 703 Progress Avenue and located in the
Consolidated Urban Revitalization Area (CURA)-Submitted by Chris Western,
Planner II.
Resolution adopted and upon approval by Mayor assigned No. 2012-1171.
4. Request of James Pratt for tax exemptions on improvements totaling
$95,000.00 for property located at 1308 Pintail Drive and located in the
City Limits Urban Revitalization Area (CLURA)-Submitted by Chris Western,
Planner II.
Resolution adopted and upon approval by Mayor assigned No. 2012-1172.
b. Motion to approve the following:
1.
2.
3.
4.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
JB Bolger, Golf
Manager
Iowa Turfgrass
Conference and
Tradeshow
Des Moines,
Iowa
January
29-31,
2013
$155.00
Mark Suchy, GMIII
Iowa Turfgrass
Conference and
Tradeshow
Des Moines,
Iowa
January
29-31,
2012
$195.00
Tom Klein, GMIII
Iowa Turfgrass
Conference and
Tradeshow
Des Moines,
Iowa
January
29-31,
2012
$50.00
Jeff Siebel,
Property Safety
Inspector
Fire Inspector
1 Class
Urbandale,
Iowa
November
11-16,
2012
$600.00
December 17, 2012
5.
Page 2
Nancy Gulick,
Community
NCDA 2013
Winter
Washington,
D.C.
January
29 -
$2,515.00
Development
Legislative
Arts Commission
February
1, 2016
Coordinator
and Policy
Cultural
1, 2013
Arts Commission
December
Meeting
Re -Appointment
6. Mayor Clark's recommendation of the following appointments:
Appointee
Board/Commission
Expiration Date
New or Re -
Appointment
Marilyn DeKoster
Cultural
&
Arts Commission
March
1, 2016
Re -Appointment
Tom Langlas
Cultural
&
Arts Commission
December
31, 2013
Re -Appointment
Class C Liquor License Permit Application
7. Galleria DePaco & Coffee Shop, 622 Commercial Street (Renewal) (Expires
12/19/2013)
After Hours Business License Application
8. Insomnia After Hours Nightclub, 710 Jefferson Street
Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt abstained from the
bills payment to Schmitt Telecom in the amount of $95.00.
PUBLIC HEARINGS
140272 - Hart/Welper
that proof of publication of notice of public hearing on Request of Prime RE,
LLC for a site plan amendment in the "S-1" Shopping Center District for property
generally described as 2027 Crossroads Boulevard (formerly Bonanza restaurant)
for the construction of a new 13,975 square foot retail strip center, as
published in the Waterloo Courier on December 11, 2012, be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
140273 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Hart/Welper
that the hearing be closed and recommendation of approval of Planning,
Programming and Zoning Commission be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
140274 - Hart/Welper
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 Prime RE, LLC for a site plan amendment in the "S-1" Shopping Center
District for property generally described as 2027 Crossroads Boulevard (formerly
Bonanza restaurant) for the construction of a new 13,975 square foot retail
strip center", be received, placed on file, considered and passed for the first
time. Roll call vote -Ayes: Seven. Motion carried.
140275 - 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.
140276 - Hart/Welper
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 Prime RE, LLC for a site plan amendment in the "S-1" Shopping Center
District for property generally described as 2027 Crossroads Boulevard (formerly
Bonanza restaurant) for the construction of a new 13,975 square foot retail
strip center", 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. 5142
December 17, 2012
140277 - Schmitt/Hart
Page 3
that proof of publication of notice of public hearing on Request of 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, as
published in the Waterloo Courier on December 11, 2012, be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
140278 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Mr. Jones questioned if there would be screening requirements. Aric Schroeder,
City Planner, reported that the screening provision would be inacted if the
parking is within 100 feet of the residential properties.
Schmitt/Hart
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.
140279 - Schmitt/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 Site Plan Amendment on Certain Property in conjunction with
Request of 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", be received, placed on file, considered and passed
for the first time. Roll call vote -Ayes: Seven. Motion carried.
140280 - 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.
140281 - Schmitt/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 Site Plan Amendment on Certain Property in conjunction with
Request of 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", 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. 5143.
140282 - Welper/Hart
that proof of publication of notice of public hearing on Development Agreement
with Hydrite Chemical Company 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, as
published in the Waterloo Courier on December 11, 2012, be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
140283 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Welper/Hart
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
December 17, 2012 Page 4
140284 - Welper/Hart
that "Resolution approving said development agreement; and authorize Mayor and
City Clerk to execute said document in conjunction with Development Agreement
with Hydrite Chemical Company 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", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-1173.
140285 - Getty/Hart
that proof of publication of notice of public hearing on Gates Park Golf Course -
Virden Creek Erosion Project, as published in the Waterloo Courier on December
11, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
140286 - 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.
140287 - Getty/Hart
that "Resolution confirming approval 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. 2012-1174.
140288 - Getty/Hart
that "Resolution ordering construction 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. 2012-1175.
140289 - Getty/Hart
to receive and file and instruct City Clerk to open and read bids and refer to
Leisure Services Director for review:
Bidder
Bid
Security
Bid Amount
Baker Concrete & Excavating
2203 E. Bremer Ave.
P.O. Box 277
Waverly, IA 50677
5%
$209,128.50 +
(A)$16,500.00
+ (B)$3,250.00
= $228,878.50
Benton's Sand & Gravel, Inc
905 Center Street
Cedar Falls, IA 50613
5%
$216,674.60
Holland Construction, Inc.
2092 Hwy 9 West
Decorah, IA 52101
5%
$201,551.50
Peterson Contractors Inc.
Box A
Reinbeck, IA 50669
5%
$267,815.00
Stickfort Construction
PO Box 447
Hudson, IA 50643
5%
$229,270.00
RECEIVED AFTER 12:00 P.M. DEADLINE
Vieth Construction Corporation
6419 Nordic Drive
Cedar Falls, IA 50613
Voice vote -Ayes: Seven. Motion carried.
•
•
December 17, 2012
RESOLUTIONS
140290 - Hart/Welper
Page 5
that City of Waterloo Comprehensive Annual Financial Report for Fiscal Year
Ended June 30, 2012 -Submitted by Michelle Weidner, Chief Financial Officer, be
received, placed on file and approved. Voice vote -Ayes: Seven. Motion
carried.
140291 - Hart/Welper
that "Resolution authorizing the Issuance of not to exceed $14,000,000.00 in
aggregate principal amount of the City of Waterloo, Iowa, Midwestern Disaster
Area Revenue Bonds (New Empire, L.L.C. Project) Series 2012, with the proceeds
from the sale of the bonds to be loaned to New Empire, L.L.C., an Iowa limited
liability company; approving the execution and delivery of a Bond Purchase
Agreement and Assignment to secure said Bonds; approving the execution and
delivery of a Loan Agreement between the City and New Empire, L.L.C.; approving
the Assignment by the City to the Original Purchaser of the rights and interest
of the City in and to said Loan Agreement; approving the sale of the Bonds; and
related matters -Submitted by Michelle Weidner, Chief Financial Officer", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-1176.
140292 - Hart/Welper
that "Resolution approving an agreement with Farmers State Bank to provide
credit cards for City employee use, including granting collateral/guarantee and
a commercial guaranty; and authorize Chief Financial Officer to execute said
documents -Submitted by Michelle Weidner, Chief Financial Officer", be adopted.
Roll call vote -Ayes: Seven.
Mr. Schmitt expressed concern with not reaching out to all local banks.
Michelle Weidner, Chief Financial Officer, reported that she did take five
proposals.
Resolution adopted and upon approval by Mayor assigned No. 2012-1177.
140293 - Schmitt/Hart
that "Resolution approving Amendment No. 11 to Contract Number 08 -DRB -205 with
the Iowa Economic Development Authority (IEDA) for the Disaster Recovery
Business Assistance Programs to reduce the award amount to $2,394,041.00; and
authorize Mayor and City Clerk to execute said document -Submitted by Ari'c
Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-1178.
140294 - Schmitt/Hart
that "Resolution approving agreement with Black Hawk County Gaming Association
for a grant in the amount of $600,000.00 with a city match of $190,000.00 and
Waterloo Black Hawks match of $170,000.00 to be used for Young Arena
Improvements;. and authorize Mayor and City Clerk to execute said document -
Submitted by Paul Huting, Leisure Services Director", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-1179.
140295 - Schmitt/Hart
that "Resolution approving 2013 Dog Park Rates: $15.00 Annual Pass and $2.00
Daily Pass -Submitted by Paul Huting, Leisure Services Director", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-1180.
140296 - Cole/Welper
that Change Order No. 19 for a net increase of $19,338.61 for work performed by
Aspro, Inc. of Waterloo, Iowa on the F.Y. 2012 Asphalt Overlay Program, Contract
No. 818 -Submitted by Jamie Knutson, PE, Associate Engineer, be received, placed
on file and approved. Voice vote -Ayes: Seven. Motion carried.
December 17, 2012 Page 6
140297 - Cole/Welper
that "Resolution approving Completion of Project and Recommendation of
Acceptance of Work performed by Aspro, Inc. of Waterloo, Iowa at a total cost of
$1,748,717.70 in conjunction with F.Y. 2012 Asphalt Overlay Program, Contract
No. 818 -Submitted by Eric Thorson, PE, City Engineer", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-1181.
140298 - Cole/Welper
that "Resolution approving application for Community Development Block Grant
funds in the amount of $50,000.00, with a city match of $5,000.00, to be used
for the Gates Park Playground Project; and authorize Mayor and City Clerk to
execute said document -Submitted by Paul Huting, Leisure Services Director", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-1182.
140299 - Getty/Hart
that "Resolution approving application for Community Development Block Grant
funds in the amount of $18,000.00, with a city match of $3,000.00, to be used
for the Sullivan Park Basketball Court Replacement Project; and authorize Mayor
and City Clerk to execute said document -Submitted by Paul Huting, Leisure
Services Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-1183.
140300 - Getty/Hart
that "Resolution approving amendment to the original Development Agreement
with LaForge LLC, dated July 2009, to change Minimum Assessment amount from
$1,808,531.55 to $1,806,800.00; and authorize Mayor and City Clerk to execute
said document -Submitted by Noel Anderson, Community Planning & Development
Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-1184.
140301 - Getty/Hart
that "Resolution approving Real Estate Sale Contract between the City of
Waterloo and Veridian Credit Union for the acquisition of 801-805 Commercial
Street in the amount of $102,000.00, with up to $10,000.00 in city environmental
and closing costs; and authorize Mayor and City Clerk to execute said document -
Submitted by Noel Anderson, Community Planning & Development Director", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-1185.
140302 - Welper/Hart
that "Resolution approving Temporary Easement Contract and Temporary Easement
Agreement between City of Waterloo and City of Cedar Falls, for the Leversee
Road and Lone Tree Road Reconstruction Project; and authorize Mayor and City
Clerk to execute said document -Submitted by Noel Anderson, Community Planning &
Development Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-1186.
140303 - Welper/Hart
that "Resolution setting date of hearing as January 7, 2013 to authorize the
vacation of a portion of public alley in Block 18 of Linden Place, otherwise
known as the former Lafayette School site, located at 2265 Lafayette Street, and
subject to the retention of a utility easement over, under and upon the area to
be vacated; 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. 2012-1187
•
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December 17, 2012 Page 7
ORDINANCES
140304 - Hart/Welper
that "an Ordinance Establishing Grades in the City of Waterloo in conjunction
with the F.Y. 2012 Sidewalk Repair Assessment Program - Zone 2, Contract No.
826", be received, placed on file, considered and passed for the first time.
Roll call vote -Ayes: Seven. Motion carried.
140305 - 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.
140306 - Hart/Welper
that "an Ordinance Establishing Grades in the City of Waterloo in conjunction
with the F.Y. 2012 Sidewalk Repair Assessment Program - Zone 2, Contract No.
826", 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. 5144.
OTHER COUNCIL BUSINESS
140307 - Greenwood/Schmitt
to instruct Building Official/Maintenance Administrator to prepare
specifications, bid document, etc. in conjunction with Five Sullivan Brothers
Convention Center Audio/Visual Sound System, be approved. Voice vote -Ayes:
Seven. Motion carried.
140308 - Greenwood/Schmitt
that specifications, bid document, etc. in conjunction with Five Sullivan
Brothers Convention Center Audio/Visual Sound System, be received and placed on
file. Voice vote -Ayes: Seven. Motion carried.
140309 - Greenwood/Schmitt
that "Resolution preliminarily approving specifications, bid document, etc. in
conjunction with Five Sullivan Brothers Convention Center Audio/Visual Sound
System", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-1188.
140310 - Greenwood/Schmitt
that "Resolution setting date of hearing and bid opening as January 7, 2013; and
instruct City Clerk to publish notice of specifications, bid document, etc. in
conjunction with Five Sullivan Brothers Convention Center Audio/Visual Sound
System", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-1189.
140311 - Schmitt/Welper
to instruct Community Planning & Development Director to prepare Request for
Proposals, plans, specifications, form of contract, etc. in conjunction with
Demolition and Site Clearance Services with Regulated Asbestos Containing
Materials for 936 West 7th Street, be approved. Voice vote -Ayes: Seven. Motion
carried.
140312 - Schmitt/Welper
that Request for Proposals, plans, specifications, form of contract, etc. in
conjunction with Demolition and Site Clearance Services with Regulated Asbestos
Containing Materials for 936 West 7th Street, be received and placed on file.
Voice vote -Ayes: Seven. Motion carried.
140313 - Schmitt/Welper
,that "Resolution preliminarily approving Request for Proposals, plans,
specifications, form of contract, etc. in conjunction with Demolition and Site
Clearance Services with Regulated Asbestos Containing Materials for 936 West 7th
Street", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-1190.
December 17, 2012 Page 8
140314 - Schmitt/Welper
that "Resolution instructing City Clerk to publish notice of Request for
Proposals, plans, specifications, form of contract, etc.; and set date of
hearing and bid opening as January 7, 2013 in conjunction with Demolition and
Site Clearance Services with Regulated Asbestos Containing Materials for 936
West 7th Street", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No 2012-1191.
ORAL PRESENTATIONS
It was noted that that the ordinance was miss stated and should be passed for
first, second, and third reading regarding the FY2012 Sidewalk Repair Assessment
Program - Zone 2.
Juanita Hall, 210 Bertch, West Central Neighborhood association expressed
concern regarding the apartments behind Hy -Vee and asked the City to continue to
watch the property to get it cleaned up.
Mr. Schmitt thanked Council for supporting the Salvation Army and he wished
everyone Happy Holidays. He commended the Mayor for holding the budget meetings
in the evening and televising them. He has been encouraging individuals to
attend the budget meetings.
Mayor Clark noted that the next Council meeting on January 7, 2013.
140315 - Hart/Cole
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
140316 - Hart/Cole
that the Council adjourn at 6:03 p.m. Voice vote -Ayes: Seven. Motion carried.
Suzy Sch res
City Cle k