HomeMy WebLinkAboutMinutes-07/09/2012July 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, July 9, 2012. Mayor Ernest G. Clark
in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Quentin Hart, Ward 4 Council Member.
139353 - Hart/Schmitt
that the Agenda, as amended deleting item #10, tabling #2 indefinitely, and
continuing item #24 to July 16, for the Regular Session on Monday, July 9, 2012,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
139354 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, June 25, 2012,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
Recognition of July 2012 Team Member of the Month - Robert Greenlee.
Michelle Temeyer, Iowa State Extension Office, informed the Council and the
citizens of the Black Hawk County Fair set for July 24-28, 2012 at the National
Cattle Congress Grounds.
FireOps 101 Presentation - Dave Floyd, Waterloo Fire Rescue, presented the
FireOps participants with a certification of completion.
CONSENT AGENDA
139355 - 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. 1-33, dated July
9, 2012, in the amount of $2,118,158.71, 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. 2012-684.
2. Request of Chris Fischels for a concrete driveway to be located at 2740
Cedar Terrace Drive, together with recommendation of approval of City
Engineer -Submitted by Eric Thorson, P.E., City Engineer
Resolution adopted and upon approval by Mayor assigned No. 2012-685.
3. Resolution approving Request of Iowa Department of Transportation for a
variance of the Noise Control Ordinance for 2013 work related to the U.S.
Highway 63 rehabilitation project from City of Hudson to Highway 20 -
Submitted by Eric Thorson, P.E., City Engineer
Resolution adopted and upon approval by Mayor assigned No. 2012-686.
4. Request of Ted Barker for tax exemptions on improvements totaling
$190,000.00 for property located at 1907 Black Hawk Street and located in
the Consolidated Urban Revitalization Area (CURA)-Submitted by Chris
Western, Planner II
Resolution adopted and upon approval by Mayor assigned No. 2012-687
July 9, 2012 Page 2
5. 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
536 Dawson Street
$2,103.07
127 Newell Street
$2,810.00
Resolution adopted and upon approval by Mayor assigned No. 2012-688.
6. Cancellation of assessments for the following parcel numbers: 8813-11-102-
034; 8913-22-153-031; 8913-13-108-002; and authorize City Clerk to notify
Black Hawk County Treasurer of said cancellations -Submitted by Suzy
Schares, City Clerk
Resolution adopted and upon approval by Mayor assigned No. 2012-689.
b. Motion to approve the following:
1. Motion to receive and file the Iowa Public Official Bond for Trustee Mary
Potter -Submitted by Dennis Clark, General Manager of Waterloo Water Works
2. Recommendation of appointment of Jeremiah Luck, to the position of Sign &
Traffic Equipment Operator, effective July 16, 2012 subject to passing
physical and drug test -Submitted by Sandie Greco, Superintendent of
Traffic Operations
3. Recommendation of appointment of Mark Brandes, to the position of Capacity
Management Operations & Maintenance Specialist, effective July 10, 2012 -
Submitted by Larry Smith, Superintendent of Waste Management Services
Class B Beer License Permit Application
4. Black Hawk Tennis Club, 1005 Black Hawk Road (Renewal) (Expires 5/31/2013)
(Includes Sunday Sales)
Class C Beer License Permit Application
4th
5. Metro 66 #1, 3201 W.
Sunday Sales)
6. Balkan Grill, 926 LaPorte Road
Sales)
7. Kum & Go #211, 1976 Franklin Street (Renewal)
(Includes Sunday Sales)
8. Metro Mart #4, 2332 Falls Avenue (Renewal)
Sunday Sales)
9. Walgreens #10855, 1850 Logan Avenue (New)
Sunday Sales)
10. Walgreens #07455,
Street (Renewal) (Expires 6/30/2013) (Includes
(New) (Expires 6/18/2013) (Includes Sunday
(Expires 6/30/2013)
(Expires 6/30/2013) (Includes
(Expires 6/17/2013) (Includes
(New) (Expires 6/17/2013)
(New) (Expires 6/17/2013)
(Renewal) (Expires 6/30/2013)
(Expires 6/10/2013)
111 W. Ridgeway Avenue
(Includes Sunday Sales)
11. Walgreens #03590, 3910 University Avenue
(Includes Sunday Sales)
12. Kum & Go #212, 117 E. San Marnan Drive
(Includes Sunday Sales)
13. Broadway Liquor, 821 Broadway Street (Renewal)
(Includes Sunday Sales)
Class C Liquor License Permit Application
14. Flirt's Gentlemen's Club, 319 Jefferson Street (Renewal) (Expires
5/27/2013) (Includes Sunday Sales)
15. Risque' Gentlemen's Club, 301 W. 4th Street (Renewal) (Expires 5/27/2013)
16. Steamboat Gardens, 1740 Falls Avenue (Renewal) (Expires 6/13/2013)
Class E Liquor License Permit Application
17. Kum & Go #211, 1976 Franklin Street (Renewal)
(Includes Sunday Sales)
18. Metro Mart #4, 2332 Falls Avenue (Renewal) (Expires
Sunday Sales)
19. Walgreens #10855, 1850 Logan Avenue (New) (Expires
Sunday Sales)
20. Walgreens #07455, 111 W. Ridgeway Avenue (New)
(Includes Sunday Sales)
21. Walgreens #03590, 3910 University Avenue (New)
(Includes Sunday Sales)
22. Kum & Go #212, 117 E. San Marnan Drive (Renewal)
(Includes Sunday Sales)
23. Broadway Liquor, 821 Broadway Street (Renewal)
(Includes Sunday Sales)
(Expires 6/30/2013)
6/30/2013) (Includes
6/17/2013) (Includes
(Expires 6/17/2013)
(Expires 6/17/2013)
(Expires 6/30/2013)
(Expires 6/10/2013)
July 9, 2012
Special Class C Beer/Wine License Permit Application
24. Noodles & Company, 2833 Crossroads Boulevard (New) (Expires
(Includes Sunday Sales)
Class B Wine License Permit Application
25. Walgreens #10855, 1850 Logan
Sunday Sales)
26. Walgreens #07455, 111
(Includes Sunday Sales)
27. Walgreens #03590, 3910
(Includes Sunday Sales)
28. Kum & Go #212, 117 E.
(Includes Sunday Sales)
29. Broadway Liquor, 821
(Includes Sunday Sales)
Avenue
(New)
(Expires
W. Ridgeway Avenue
University Avenue
San Marnan Drive
Broadway
(New)
Page 3
7/1/2013)
6/17/2013) (Includes
(Expires 6/17/2013)
6/17/2013)
(New) (Expires
(Renewal) (Expires 6/30/2013)
Street (Renewal) (Expires 6/10/2013)
Outdoor Service Area Application
30. Black Hawk Tennis Club, 1005 Black Hawk Road
31. Benevolent & Protective Order of Elks #290, 407 E. Park Avenue (July 13-
14, 2012)
32. Noodles & Company, 2833 Crossroads Boulevard
33. Wishbone, 201 W. 18" Street
Solicitation Registration Application
34. Lee Voelschow of Knights of Columbus, 1955 Locke
Cigarette Permit Application
35. Kmart #4158, 3810 University Avenue
36. One Stop Action, 115 E. Arlington
37. The Jet Lounge, 451-453 W. Parker Street
38. Bonds
Avenue
Roll call vote -Ayes: Seven. Item b.13, 23, and 29 Ayes: Six. Nays: One (Hart)
Motion carried. Mr. Schmitt abstained from b.13, b.23, and b.29 Broadway Liquor,
821 Broadway Street.
PUBLIC HEARINGS
139356- Schmitt/Schmitt
To table indefinitely "an Ordinance vacating a 33 foot by 74 foot portion of
alley located in Block 14 of Hayes Addition bounded by Commercial and West 18th
Streets in conjunction with Request of R & M Metals for the vacation and
conveyance of city -owned 33 foot by 74 foot portion of alley located in Block 14
of Hayes Addition bounded by Commercial and West 18th Streets. Roll call vote -
Ayes: Seven. Motion carried.
139357 - Getty/Hart
that proof of publication of notice of public hearing on Request of David
Dreyer, Terry Kocher and Beth McGilvrey to rezone 1.14 acres located at 3145 W.
4" Street and 2817 Ansborough Avenue, from "R-1" One and Two Family Residence
District to "C-1" Commercial District, to allow for the construction of a new
gas station/convenience store on the property, as published in the Waterloo
Courier on July 5, 2012, be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
139358 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Eric Johnson, attorney, spoke in opposition to the request on behalf of the
citizens. He noted that a petition opposing the rezone was submitted to the
Planning and Zoning Commission. A copy was provided.
Noel Anderson, Community Planning and Development Director, noted that the City
is aware of the occupant that would be in the development.
Mike Broshar, 3131 W. 4th St., spoke in opposition to the rezoning of this
property.
David Dreyer, 3145 W. 4th St., spoke in support of the rezoning of the property.
Tom Graham, 136 Lillian Lane, spoke in opposition to the rezoning of this
property.
July 9, 2012 Page 4
Getty/Hart
that the hearing be closed and oral and written comments and recommendationof
denial of Planning, Programming and Zoning Commission be received and placed on
file. Voice vote -Ayes: Seven. Motion carried.
139359 - 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 of David
Dreyer, Terry Kocher and Beth McGilvrey to rezone 1.14 acres located at 3145 W.
4th Street and 2817 Ansborough Avenue, from "R-1" One and Two Family Residence
District to "C-1" Commercial District, to allow for the construction of a new
gas station/convenience store on the property", be received, placed on file,
considered and passed for the first time. Roll call vote -Ayes: None. Nays:
Seven. Motion failed.
Mr. Greenwood spoke in the opposition to the rezoning noting that there is no
reason to move a commercial business across Ansborough into a residential
neighborhood.
139360 - Hart/Welper
that proof of publication of notice of public hearing on 2012 Riverfront Sports
Park Water Well Project, as published in the Waterloo Courier on July 5, 2012,
be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
139361 - 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 oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
139362 - Hart/Welper
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with 2012 Riverfront Sports Park Water Well Project", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-690.
139363 - Hart/Welper
that "Resolution ordering construction in conjunction with 2012 Riverfront
Sports Park Water Well Project", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-691.
139364 - Hart/Welper
to receive and file and instruct City Clerk to open and read bids and refer to
Leisure Services Director for review:
Bidder
Bid Amount
Shawver Well Company,
2700 Stanley Avenue
Fredericksburg, Iowa
Inc.
50630
$66,384.60
Voice vote -Ayes: Seven. Motion carried.
139365 - Hart/Welper
that proof of publication of notice of public hearing on F.Y. 2012 Byrnes Park
Drainage Improvements - Phase I & II, Contract No. 822, as published in the
Waterloo Courier on July 5, 2012, be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
139366 - 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 oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
July 9, 2012 Page 5
139367 - Hart/Welper
that "Resolution extending the bid opening until July 16, 2012; and instruct
City Clerk to publish notice in conjunction with F.Y. 2012 Byrnes Park Drainage
Improvements - Phase I & II, Contract No. 822", be adopted. Roll call vote -
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-692.
RESOLUTIONS
139368 - Schmitt/Welper
that "Resolution to appoint Wells Fargo Bank, National Association, of Des
Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent;
approve the Paying Agent and Bond Registrar and Transfer Agent Agreement; and
Authorizing the Execution of the Agreement in conjunction with $5,205,000.00
General Obligation Bonds, Series 2012C", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-693.
139369 - Schmitt/Welper
that "Resolution to authorize and provide for issuance of said bonds and levying
a tax to pay said bonds in conjunction with $5,205,000.00 General Obligation
Bonds, Series 2012C", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-694.
139370 - Schmitt/Welper
to approve the Continuing Disclosure Certificate, be received, placed on file
and approved. Voice vote -Ayes: Seven. Motion carried.
139371 - Schmitt/Welper
that "Resolution authorizing redemption of outstanding General Obligation Bonds,
Taxable Series 2005B, dated June 1, 2005 and directing the Notice of Redemption -
Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-695.
139372 - Greenwood/Schmitt
that "Resolution approving construction plans for Paving the Southeasterly 102.7
feet of Alley between W. 10th Street and W. llth Street and between Washington
Street and Jefferson Street -Submitted by Dennis Gentz, Assistant City Engineer",
be adopted. Roll call vote -Ayes: Seven.
Mr. Getty noted this will be paid for by the property owner.
Resolution adopted and upon approval by Mayor assigned No. 2012-696.
139373 - Greenwood/Schmitt
that "Resolution approving Contracted Golf Course Rental contract with Waterloo
Jaycees for Waterloo Open event set for July 18-22, 2012; and authorize Mayor
and City Clerk to execute said contract -Submitted by JB Bolger, Golf & Downtown
Area Maintenance Manager", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-697.
139374 - Greenwood/Schmitt
that "Resolution approving award of bid to Ultramax Ammunition of Rapid City,
South Dakota in an amount not to exceed $35,000.00 regarding the F.Y. 2013
Ammunition Needs for Police Department -Submitted by Dan Trelka, Director of
Safety Services", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-698.
July 9, 2012 Page 6
139375 - Welper/Hart
that "Resolution approving agreements and releases with Sirens Media and
Discovery Communications, LLC for acquired footage/still photograph license; and
authorize Mayor to execute said documents -Submitted by Tim Pillack, Captain of
Investigations Division", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-699.
139376 - Welper/Hart
that "Resolution supporting Main Street Waterloo Program and authorize Mayor to
execute a Program Agreement with the Iowa Department of Economic Development,
Updowntowners of Waterloo, Inc./dba/Main Street Waterloo Partnership and Main
Street Waterloo for the purpose of continuing the Main Street program in
Waterloo from July 1, 2012 through June 30, 2014 -Submitted by Mayor Buck Clark",
be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-700.
139377 - Welper/Hart
that "Resolution approving Revised Memorandum of Agreement with Waterloo
Community School District to operate the District's Waterloo Educational Access
Channel for a fee of $30,000.00 per year; and authorize Mayor and City Clerk to
execute said document -Submitted by Suzy Schares, City Clerk", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-701.
139378 - Cole/Welper
that "Resolution approving completion of project and release of $10,046.30
retainage and final acceptance of work performed by K & W Electric of Cedar
Falls, Iowa at a total cost of $164,560.00 for the Energy Efficient Lighting
Project for City hall & Five Sullivan's 11AP, 08EEG SMRT; and authorize Mayor to
execute said documents -Submitted by Craig Clark, Building Official/Maintenance
Administrator", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-702.
139379 - Cole/Welper
that "Resolution approving Amendment to Service Agreement for Two Years with ABM
Janitorial Services -North Central Inc. of Waterloo, Iowa at a cost of $7,044.85
per month for the cleaning of City owned buildings; and authorize Mayor to
execute said document -Submitted by Craig Clark, Building Official/Maintenance
Administrator", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-703.
139380 - Cole/Welper
that "Resolution approving variance to the requirements of the Subdivision
Ordinance in Section 2.2(2) Preliminary Plat Approval and Section 2.3(1) Final
Plat Submittal for Sergeant Park Condos Minor Plat -Submitted by Noel Anderson,
Community Planning & Development Director", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-704.
139381 - Getty/Welper
that "Resolution approving Preliminary and Final Plat of Sergeant Park Condos
Minor Plat along with the staff report, aerial photo, minor plat, deed of
dedication and report of the City Engineer -Submitted by Noel Anderson, Community
Planning & Development Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-705.
139382 - Getty/Welper
that "Resolution approving an Extension of One Month for the Animal Control
Contract with the Cedar Bend Humane Society -Submitted by Sandie Greco,
Superintendent of Traffic Operations", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-706.
July 9, 2012 Page 7
139383 - Getty/Welper
that "Resolution approving annual renewal agreement with Safety National
Casualty at a cost not to exceed $106,010.00 per year to provide workers
compensation stop loss coverage -Submitted by Suzy Schares, City Clerk", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-707.
ORDINANCES
139384 - Greenwood/Schmitt
that "an Ordinance adopting Title 6: Chapter 4: Section 1 through 10 in
conjunction with Adoption of New Ordinance: Off -Road Utility Vehicles (ORVs)",
be received, placed on file, considered and passed for the first time. Roll
call vote -Ayes: Seven. Motion carried.
139385 - 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.
139386 - Greenwood/Schmitt
that "an Ordinance adopting Title 6: Chapter 4: Section 1 through 10 in
conjunction with Adoption of New Ordinance: Off -Road Utility Vehicles (ORVs)",
be considered and passed for the second and third times and adopted. Roll call
vote -Ayes: Seven.
Dan Trelka, Director of Safety Services, explained the ordinance will legalize
using the vehicles for business purposes. They will be licensed by the DNR. This
will not legalize golf carts.
Dennis Lecht, thanked the police department for their help with this ordinance.
Ordinance adopted and upon approval by Mayor assigned No. 5124.
OTHER COUNCIL BUSINESS
139387 - Schmitt/Welper
to instruct Public Works Director to prepare specifications, bid document, etc.
in conjunction with Purchase of Emulsions for Seal Coating Program, be approved.
Voice vote -Ayes: Seven. Motion carried.
139388 - Schmitt/Welper
that specifications, bid document, etc. in conjunction with Purchase of
Emulsions for Seal Coating Program, be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
139389 - Schmitt/Welper
that "Resolution preliminarily approving specifications, bid document, etc. in
conjunction with Purchase of Emulsions for Seal Coating Program", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-708.
139390 - Schmitt/Welper
that "Resolution setting date of hearing and bid opening as July 16, 2012; and
instruct City Clerk to publish notice of specifications, bid document, etc. and
taking of bids in conjunction with Purchase of Emulsions for Seal Coating
Program", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-709.
139391 - Hart/Welper
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. in conjunction with F.Y. 2012 Geraldine Road Extension, Contract No. 821,
be approved. Voice vote -Ayes: Seven. Motion carried.
July 9, 2012
139392 - Hart/Welper
Page 8
that plans, specifications, form of contract, etc. in conjunction with F.Y. 2012
Geraldine Road Extension, Contract No. 821, be received and placed on file.
Voice vote -Ayes: Seven. Motion carried.
139393 - Hart/Welper
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with F.Y. 2012 Geraldine Road Extension, Contract
No. 821", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-710.
139494 - Hart/Welper
that "Resolution setting date of hearing and bid opening as July 23, 2012; and
instruct City Clerk to publish notice of plans, specifications, form of
contract, etc. in conjunction with F.Y. 2012 Geraldine Road Extension, Contract
No. 821", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-711.
139495 - Welper/Schmitt
To continue hearing on the Amendment to the City of Waterloo Zoning Ordinance
No. 5079 to update the regulations pertaining to alcohol sales related
businesses; and an Amendment to the Code of Ordinances, Section 6 of Chapter 2,
Liquor Control, of Title 3, Licenses and Business Regulations, by adding a new
paragraph F to update the regulations on drive -up windows to July 16, 2012.
Voice vote -Ayes: Seven.
ORAL PRESENTATIONS
None
139496 - Hart/Welper
that the council adjourn to Executive Session at 6:25 p.m. Roll call vote -Ayes:
Seven. Motion carried.
City Attorney Jim Walsh stated that discussion of Labor Negotiations is an
approved topic of Executive Session pursuant to Iowa Code Section
20.17 (3) (2011) .
EXECUTIVE SESSION
139497 - Hart/Welper
that the council adjourn Executive Session at 6:54
Seven. Motion carried.
ADJOURNMENT
139498 - Hart/Welper
that the Council adjourn at 6:54 p.m. Voice vote -Ayes: Seven. Motion carried.
p.m.
Voice vote -Ayes:
LL
Suzy Sch res
City Clerk