HomeMy WebLinkAboutMinutes-03/05/2012March 5, 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, March 5, 2012. Mayor Ernest G. Clark
in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Eric Thorson, City Engineer.
137552 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, March 5, 2012,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
137553 - Hart/Schmitt
that the Minutes, as proposed, for the February 23, 2012, Special Session and
February 27, 2012, Regular Session, be accepted and approved. Voice vote -Ayes:
Seven. Motion carried.
Mayor Clark recognized the March Team Member of the Month - Larry Crain.
CONSENT AGENDA
137554 - 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. 1-65, dated March 5, 2012, in the
amount of $1,087,501.79, 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. 2012-200.
2. Request from Dennis Clark of 2204 Ashland Avenue to burn approximately 4
acres of prairie grass located north and south of the pond located at 2204
Ashland Avenue during the time frame of March 30 -May 31, 2012 and
September 1 -November 30, 2012, together with recommendation of approval of
Chief of Fire Services.
Resolution adopted and upon approval by Mayor assigned No. 2012-201.
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
Officer
Lindaman;
Officer Bram;
Officer
Rulapaugh
2012 WMD Task
Force Specialty
Team Training
Des Moines,
Iowa
April 3-
4, 2012
$415.00
Officer Pohl
ICAC Forensic of
Internet Related
Evidence
New Berlin,
Wisconsin
March
25-28,
2012
$708.00
Officer Walter;
Officer
Sullivan;
Officer Wilson;
Officer Moore
2012 Governor's
Traffic Safety
Conference
Sioux City,
Iowa
April 9-
11, 2012
$632.00
Larry Crain,
Engineering Tech
IDOT Aggregate
II Certification
Course
Mason City,
Iowa
March 6,
2012
$390.00
March 5, 2012
Page 2
Class B Beer License Permit Application
5. Hawkeye Chapter American Red Cross, 2814 Betsworth Drive (New) (4/26/12 to
4/30/12) (Includes Sunday Sales)
Class C Beer License Permit Application
6. XO Food & Liquor, 428 Franklin Street (New) (Expires 12/15/13) (Includes
Sunday Sales)
7. Casey's General Store #2866, 51 E. Tower Park Dr. (Renewal) (Expires
12/27/12) (Includes Sunday Sales)
Class C Liquor License Permit Application
8. Wishbone, 201 W. 18th Street (Renewal) (Expires 1/13/12) (Includes Sunday
Sales & Catering Privilege)
9. Cotton Club of Iowa, 120 Sumner Street (New) (Expires 2/13/13)
10. Rumors, 229 E. 4th Street (Renewal) (Expires 1/17/13) (Includes Sunday
Sales)
11. Caffe Bar Piramida, 712 Jefferson Street (New) (Expires 2/24/13) (Includes
Sunday Sales)
Class E Liquor License Permit Application
12. XO Food & Liquor, 428 Franklin Street (Renewal) (Expires 12/14/12)
Class B Wine License Permit Application
13. XO Food & Liquor, 428 Franklin Street (New) (Expires 12/15/12) (Includes
Sunday Sales)
Class B Native Wine License Permit Application
14. Casey's General Store #2866, 51 E. Tower Park Dr. (Renewal) (Expires
12/27/12) (Includes Sunday Sales)
Outdoor Service Area Application
15. Rumors, 229 E. 4th Street
Retail Cigarette/Tobacco Permit Application
16. Ravion, Inc. dba Prime Mart #5, 508 Broadway Street
17. Bonds
Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested to remove
item 1.b.9 from the consent agenda.
137555 - Cole/Welper
To approve the Class C Liquor License Permit Application for Cotton Club of
Iowa, 120 Sumner Street (New) (Expires 2/13/13). Roll call vote -Ayes: Five.
Nays: Two (Schmitt, Hart). Motion carried.
Mr. Schmitt questioned who the owner of the location is and the amount of
negativity activity at this location. Suzy Schares, City Clerk, explained that
the previous owner was Wild Ice Lounge. The new owner will be Roosevelt Roby and
planning has made sure they have met all the requirements.
Dan Trelka, Director of Safety Services, noted there has been illegal activity
at or around the location under the previous ownership.
Mayor Clark mentioned that the new owner has passed all regulations.
Dave Zellhoefer, Assistant City Attorney, added that if all requirements are
met, the City can not deny the license.
PUBLIC HEARINGS
137556 - Hart/Welper
that proof of publication of notice of public hearing on Request of South
Waterloo Development, LLC to rezone approximately 13.54 acres from "R-4"
Multiple Residence District and "M-1" Light Industrial District to "M-1" Light
Industrial District, property located south of 3353 Marnie Avenue for future
light industrial development, as published in the Waterloo Courier on March 1,
2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
137557 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Mr. Jones questioned the proximity to the residential neighborhood.
Rick Young, South Waterloo Development, reported that the developers are
purchasing this property to place 12-plex apartments or condominiums. There is a
natural physical barrier between the "R-4" and "M-1."
March 5, 2012
Hart/Welper
Page 3
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.
137558 - Hart/Welper
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 425 to Section 2A-5, Rezoning Certain
Property in conjunction with Request of South Waterloo Development, LLC to
rezone approximately 13.54 acres from "R-4" Multiple Residence District and "M-
1" Light Industrial District to "M-1" Light Industrial District, property
located south of 3353 Marnie Avenue for future light industrial development", be
received, placed on file, considered and passed for the first time. Roll call
vote -Ayes: Seven. Motion carried.
137559 - 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.
137560 - Hart/Welper
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 425 to Section 2A-5, Rezoning Certain
Property in conjunction with Request of South Waterloo Development, LLC to
rezone approximately 13.54 acres from "R-4" Multiple Residence District and "M-
1" Light Industrial District to "M-1" Light Industrial District, property
located south of 3353 Marnie Avenue for future light industrial development", 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. 5097.
137561 - Schmitt/Hart
that proof of publication of notice of public hearing on Request of South
Waterloo Development, LLC to rezone approximately 13.54 acres from "R-4"
Multiple Residence district and "M-1" Light Industrial District to "M-1" Light
Industrial District, property located east of 3230 Marnie Avenue for future
light industrial development, as published in the Waterloo Courier on March 1,
2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
137562 - 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.
137563 - Schmitt/Hart
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 426 to Section 2A-5, Rezoning Certain
Property in conjunction with Request of South Waterloo Development, LLC to
rezone approximately 13.54 acres from "R-4" Multiple Residence district and "M-
1" Light Industrial District to "M-1" Light Industrial District, property
located east of 3230 Marnie Avenue for future light industrial development", be
received, placed on file, considered and passed for the first time. Roll call
vote -Ayes: Seven. Motion carried.
137564 - 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.
March 5, 2012
137565 - Schmitt/Hart
Page 4
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 426 to Section 2A-5, Rezoning Certain
Property in conjunction with Request of South Waterloo Development, LLC to
rezone approximately 13.54 acres from "R-4" Multiple Residence district and "M-
1" Light Industrial District to "M-1" Light Industrial District, property
located east of 3230 Marnie Avenue for future light industrial development", 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. 5098.
137566 - Getty/Schmitt
that proof of publication of notice of public hearing on Request of South
Waterloo Development, LLC to vacate, sell and convey a portion of West 4th Street
right-of-way in the 3800 block of West 4th Street subject to the retention of a
utility easement over, under and upon the area to be vacated to allow for the
construction of new condominiums for $1.00, as published in the Waterloo Courier
on March 1, 2012, be received and placed on file. Voice vote -Ayes: Seven.
Motion carried.
137567 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Rick Young, South Waterloo Development, reported that the developer is
purchasing this property to maintain the property. It is not developable.
Getty/Greenwood
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.
137568 - Getty/Hart
that "an Ordinance vacating a portion of West 4th Street right-of-way in the
3800 block of West 4th Street subject to the retention of a utility easement
over, under and upon the area to be vacated in conjunction with Request of South
Waterloo Development, LLC to vacate, sell and convey a portion of West 4th Street
right-of-way in the 3800 block of West 4th Street subject to the retention of a
utility easement over, under and upon the area to be vacated to allow for the
construction of new condominiums for $1.00", be received, placed on file,
considered and passed for the first time. Roll call vote -Ayes: Seven. Motion
carried.
137569 - 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.
137570 - Getty/Hart
that "an Ordinance vacating a portion of West 4th Street right-of-way in the
3800 block of West 4th Street subject to the retention of a utility easement
over, under and upon the area to be vacated in conjunction with Request of
South Waterloo Development, LLC to vacate, sell and convey a portion of West 4th
Street right-of-way in the 3800 block of West 4th Street subject to the retention
of a utility easement over, under and upon the area to be vacated to allow for
the construction of new condominiums for $1.00", 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. 5099.
137571 - Getty/Hart
that "Resolution authorizing said sale and conveyance; and authorize City
Attorney to prepare and deliver deed accordingly in conjunction with Request of
South Waterloo Development, LLC to vacate, sell and convey a portion of West 4th
Street right-of-way in the 3800 block of West 4th Street subject to the retention
of a utility easement over, under and upon the area to be vacated to allow for
the construction of new condominiums for $1.00", be adopted. Roll call vote -
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-202.
March 5, 2012 Page 5
137572 - Hart/Welper
that proof of publication of notice of public hearing on Request for Proposals
for Asbestos Abatement Services for the following properties: 820 and 910
Sycamore Street; 626-628 West 9th Street; 1518 West 4th Street; and 625 Glenwood
Street, as published in the Waterloo Courier on February 28, 2012, be received
and placed on file. Voice vote -Ayes: Seven. Motion carried.
137573 - 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.
137574 - Hart/Welper
that "Resolution confirming approval of Request for Proposals, plans,
specifications, form of contract, etc. in conjunction with Request for Proposals
for Asbestos Abatement Services for the following properties: 820 and 910
Sycamore Street; 626-628 West 9th Street; 1518 West 4th Street; and 625 Glenwood
Street", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-203.
137575 - Hart/Welper
that "Resolution authorizing to proceed in conjunction with Request for
Proposals for Asbestos Abatement Services for the following properties: 820 and
910 Sycamore Street; 626-628 West 9th Street; 1518 West 4th Street; and 625
Glenwood Street", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-204.
137576 - Hart/Welper
to receive, file and instruct City Clerk to open and read bids and refer to
Community Planning & Development Director for review:
Bidder
Bid
Security
Bid Amount
Alternate 1 -
1518 W 4th
Alternate 2 -
625 Glenwood
Abatement Specialties, LLC
201 30th St Dr SE
Cedar Rapids, Iowa 52403
5%
$23,665.00
$5,120.00
$9,345.00
Advanced Environmental
803 Ricker Street
Waterloo, Iowa 50703
5%
$14,990.00
$4,850.00
$4,380.00
Great Plains Asbestos
Control
820 E Railroad Street
Kearney, Nebraska 68847
5%
$15,605.00
$3,600.00
$3,900.00
Iowa -Illinois Taylor
Insulation, Inc.
P.O. Box 2810
Davenport, Iowa 52809
5%
$27,711.00
$7,504.00
$6,636.00
New Horizons Enterprises,
LLC
PO Box 681183
Kansas City, Missouri
5%
$15,742.00
$6,370.00
$8,500.00
Site Services
1621 East Commercial St
Algona, Iowa 50511
5%
$12,400.00
$5,070.00
$4,870.00
Voice vote -Ayes: Seven. Motion carried.
137577 - Greenwood/Schmitt
that proof of publication of notice of public hearing on 2012 Right -of -Way
Mowing, as published in the Waterloo Courier on March 1, 2012, be received and
placed on file. Voice vote -Ayes: Seven. Motion carried.
137578 - 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. Voice vote -Ayes: Seven. Motion carried.
March 5, 2012
137579 - Greenwood/Schmitt
Page 6
that "Resolution confirming approval of specifications, bid document, etc. in
conjunction with 2012 Right -of -Way Mowing", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-205.
137580 - Greenwood/Schmitt
that "Resolution authorizing to proceed in conjunction with 2012 Right -of -Way
Mowing", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-206.
137581 - Greenwood/Schmitt
to receive, file and instruct City Clerk to open and read bids and refer to
Leisure Services Director for review:
BIDDER
Bid
Security
BID
OPTION
A
BID
OPTION
B
BID
OPTION
C
BID
OPTION
D
BID
OPTION
E
BID
OPTION
F
BID
OPTION
G
B & B Lawn Care
Inc.
Waterloo, Iowa
$3,000.00
27.95
34.95
20.00
25.95
60.00
750.00
NB
Fleming's
Landscaping &
More LLC
6331 E Donald
St
Waterloo, Iowa
50703
$3,000.00
28.50
28.00
20.00
25.00
45.00
750.00
28.00
Professional
Lawn Care, LLC
PO Box 1942
Waterloo, Iowa
50704
$3,000.00
47.75
47.75
37.45
NB
NB
NB
636.00
Voice vote -Ayes: Seven. Motion carried.
RESOLUTIONS
137582 - Hart/Welper
that "Resolution approving Convention and Visitors Bureau Board recommendations
for funding the following hotel/motel mini -grant request: Stardust Productions
in the amount of $1,000.00 for Blue Suede Memories event on March 30-31, 2012 -
Submitted by Aaron Buzza, Executive Director of Waterloo Convention & Visitors
Bureau", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-207.
137583 - Hart/Welper
that "Resolution approving final acceptance and release of final payment for
work performed by Failor Hurley Construction Corporation of Hudson, Iowa at a
total cost of $218,246.00 in conjunction with Public Market Interior Development
located at 327 West 3rd Street; and authorize Mayor to execute said document -
Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2012-208.
FYE2013 BUDGET PRESENTATION
Michelle Weidner, Chief Financial Officer, gave an update on the FY2013 budget.
Charles Peyton, 220 Linwood Ave., expressed concern with the dilapidated
properties in the City that are boarded up.
Mary Ball, 3040 W. 9th Street, expressed concern with the increase in property
tax.
Bob Reisinger, Waterloo/Cedar Falls Board of Realtors, expressed concern with
the increase in property tax.
March 5, 2012 Page 7
Forest Dillavou, 1725 Huntington Road, expressed concern with the increase in
the levy rate.
John Sherbon, 1715 Robin Road, expressed concern with increase in property tax.
Mr. Welper questioned if the Local Option Tax Fund is using being held when the
streets are not completed. Michelle Weidner, Chief Financial Officer, reported
that at the end of the fiscal year there is money left over but by the spring
most of the money is spring. Eric Thorson, City Engineer, reported that due to
the weather some construction was delayed but they do eventually catch up. The
LOST funds continue to grow and so do the cost of the construction.
Mr. Schmitt questioned the amount being taken from the reserve funds. Michelle
Weidner, Chief Financial Officer, reported that the reserve fund is being used
only if further savings are not realized over the course of FY2013. Mr. Schmitt
expressed concern with reducing the City's bond rating by using the reserve
funds.
Mayor Clark reported that in order to get the tax increase to a reasonable
amount it is necessary to use approximately $300,000.00 from the reserve funds.
The proposed increase to the average residential property is 2.73%.
ORAL PRESENTATIONS
137584 - Hart/Welper
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
137585 - Hart/Welper
that the Council adjourn at 7:11 p.m. Voice vote -Ayes: Seven. Motion carried.
uzy Sch:res
City C1-rk