HomeMy WebLinkAboutMinutes-04/22/2013April 22, 2013
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 22, 2013. Mayor Pro Tem Quentin
Hart in the Chair. Roll Call: Cole, Getty, Schmitt, Welper, Hart, Jones, Greenwood.
Moment of Silence.
Pledge of Allegiance: Eric Thorson, City Engineer.
140783 - Welper/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, April 22, 2013,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
140784 - Welper/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, April 15,
2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
Mayor Pro Tem Hart read a Proclamation declaring May 2013 as "Adolescent
Pregnancy Prevention Month".
Mayor Pro Tem Hart read a Proclamation declaring April 26, 2013 as "Global Youth
Service Day".
Mayor Pro Tem Hart drew the winner of a Cedar Falls 3rd grade class as part of
the Grout Museum District's Museum School bus tour.
CONSENT AGENDA
140785 - Welper/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 Finance Committee Invoice Summary Report, pp. 1-28,
dated April 22, 2013, in the amount of $2,722,220.56, 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 Pro Tem assigned No. 2013-
292.
2. Request from Carol Boyce, 6028 Kimball Avenue, for an exception to burning
yard waste to burn approximately 1.3 acres of prairie grass south of
Orange Elementary School during March, April, May weather permitting, with
recommendation of approval of Chief of Fire Services.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2013-
293.
3. Request of NEIA Food Bank to hold Kick the Can 5K event to be held on
April 27, 2013 at 8:30 a.m., with the route to start at Exchange Park and
end at the River Loop Amphitheater -Submitted by Daniel J. Trelka, Director
of Safety Services.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2013-
294.
4. Request of NEIA Food Bank for a variance to the Noise Ordinance on April
27, 2013 from 8:30 a.m. to 11:30 a.m. in conjunction with Kick the Can 5K
event to be held at Exchange Park and River Loop Amphitheater including
the use of a PA system, together with recommendation of approval of
Director of Safety Services.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2013-
295.
April 22, 2013
b. Motion to approve the following:
1.
Page 2
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Sergeant Devine &
Investigator
Morley
Iowa IAI
Annual Spring
Conference
Training
Sioux City,
IA
April
30 -May
3, 2013
$1,090.00
2. Mayor Clark's recommendation of the following appointments:
Appointee
Board/Commission
Expiration
Date
New or Re -
Appointment
Harrison Cass,
Jr.
Historic
Commission
Preservation
April
22,
2016
New Appointment
Ivan Valtchev
Historic
Commission
Preservation
April
22,
2016
New Appointment
Tim Andera
Historic
Commission
Preservation
April
22,
2016
Re -Appointment
Class B Beer License Permit Application
3. South Hills Golf Course, 1830 E. Shaulis Road (Expires 03/31/2014)
(Renewal) (Includes Sunday Sales)
Class C Liquor License Permit Application
4. Red Lobster #6267, 941 E. San Marnan (Expires 03/10/2014) (Renewal)
(Includes Sunday Sales)
Special Class C Beer/Wine License Permit Application
5. Waterloo Bucks, 850 Park Road (Expires 10/29/2013) (New/6 months)
(Includes Sunday Sales)
Outdoor Service Area Application
6. Screaming Eagle, 228 E. 4th Street (extended from 4/21/13 to 10/10/13)
7. South Hills Golf Course, 1830 E. Shaulis Road (Expires 03/31/2014)
(Renewal) (Includes Sunday Sales)
8. Waterloo Bucks, 850 Park Road (Expires 10/29/2013) (New/6 months)
(Includes Sunday Sales)
Vehicle For Hire Business License Application
9. First Call Taxi, 604 2nd Street
10. Bonds
Roll call vote -Ayes: Seven. Mr. Schmitt abstained from bills payment. Motion
carried.
PUBLIC HEARINGS
140786 - Welper/Greenwood
that proof of publication of notice of public hearing on City Telephone
Replacement Project, as published in the Waterloo Courier on April 18, 2013, be
received and placed on file. Voice vote -Ayes: Six. Schmitt abstained due to
his company bidding on this project. Motion carried.
140787 - This being the time and place of public hearing, the Mayor Pro Tem called for
written and oral objections and there were none.
Welper/Greenwood
that the hearing be closed. Voice vote -Ayes: Six. Schmitt abstained. Motion
carried.
140788 - Welper/Greenwood
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with City Telephone Replacement Project", be adopted. Roll
call vote -Ayes: Six. Schmitt abstained.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2013-296.
April 22, 2013 Page 3
140789 - Welper/Greenwood
that "Resolution ordering construction in conjunction with City Telephone
Replacement Project", be adopted. Roll call vote -Ayes: Six. Schmitt
abstained.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2013-297.
140790 - Welper/Greenwood
to receive and file and instruct City Clerk to open and read bids and refer to
Director of Technology for review in conjunction with City Telephone Replacement
Project:
Bidder
Bid Amount
Marco
Urbandale, Iowa
$174,209.50
Network Solutions
$195,405.00
Schmitt Telecom
$142,907.97
Tri City Electric
$192,104.15
Voice vote -Ayes: Six. Schmitt abstained. Motion carried.
140791 - Schmitt/Welper
that proof of publication of notice of public hearing on Request by Sunnyside
South Addition, LLC to rezone 16.083 acres of land from "R-1" One and Two Family
Residence District, "R -4,R -P" Planned Residence District and "C -2,C -Z"
Conditional Zoning District to "R-1" One and Two Family Residence District
property generally located along the north side of West San Marnan Drive between
Ansborough Avenue and West 4th Street, as published in the Waterloo Courier on
April 18, 2013, be received and placed on file. Voice vote -Ayes: Seven.
Motion carried.
140792 - This being the time and place of public hearing, the Mayor Pro Tem called for
written and oral objections and there were none.
Schmitt/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.
140793 - Schmitt/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 Rezone on Certain Property in conjunction with Request by
Sunnyside South Addition, LLC to rezone 16.083 acres of land from "R-1" One and
Two Family Residence District, "R -4,R -P" Planned Residence District and "C -2,C -
Z" Conditional Zoning District to "R-1" One and Two Family Residence District
property generally located along the north side of West San Marnan Drive between
Ansborough Avenue and West 4th Street", be received, placed on file, considered
and passed for the first time. Roll call vote -Ayes: Seven. Motion carried.
Eric Thorson, City Engineer, explained the development will submit a plan to
deal with the drainage.
140794 - Schmitt/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.
140795 - Schmitt/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 Rezone on Certain Property in conjunction with Request by
Sunnyside South Addition, LLC to rezone 16.083 acres of land from "R-1" One and
Two Family Residence District, "R -4,R -P" Planned Residence District and "C -2,C -
Z" Conditional Zoning District to "R-1" One and Two Family Residence District
property generally located along the north side of West San Marnan Drive between
Ansborough Avenue and West 4th 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 Pro Tem assigned No. 5158.
April 22, 2013
140796 - Getty/Welper
Page 4
that proof of publication of notice of public hearing on Request of Habitat for
Humanity of Black Hawk County for the sale and conveyance of city -owned property
generally located at 332 Irving Street for $1.00 with development agreement, as
published in the Waterloo Courier on April 18, 2013, be received and placed on
file. Voice vote -Ayes: Seven. Motion carried.
140797 - This being the time and place of public hearing, the Mayor Pro Tem called for
written and oral objections and there were none.
Getty/Welper
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
140798 - Getty/Welper
that "Resolution authorizing said sale and conveyance, and authorize City
Attorney to prepare and deliver deed accordingly in conjunction with Request of
Habitat for Humanity of Black Hawk County for the sale and conveyance of city -
owned property generally located at 332 Irving Street for $1.00 with development
agreement", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2013-298.
140799 - Getty/Welper
that "Resolution approving development agreement, and authorize Mayor Pro Tem
and City Clerk to sign in conjunction with Request of Habitat for Humanity of
Black Hawk County for the sale and conveyance of city -owned property generally
located at 332 Irving Street for $1.00 with development agreement", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2013-299.
140800 - Cole/Greenwood
that proof of publication of notice of public hearing on Waterloo/Cedar Falls
HOME Consortium FY2014 One -Year Action Plan for CDBG and HOME Program Funds, as
published in the Waterloo Courier on April 18, 2013, be received and placed on
file. Voice vote -Ayes: Seven. Motion carried.
140801 - This being the time and place of public hearing, the Mayor Pro Tem called for
written and oral objections.
Cole/Greenwood
Maria Wortham, Exquisite Designs & Et Cetera, 522 Mulberry Street, spoke in
support of the program.
Ms. Cole thanked the board.
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
140802 - Cole/Greenwood
that "Resolution authorizing said plan and authorize submission to U.S.
Department of Housing and Urban Development in conjunction with Waterloo/Cedar
Falls HOME Consortium FY2014 One -Year Action Plan for CDBG and HOME Program
Funds", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2013-300.
RESOLUTIONS
140803 - Schmitt/Welper
that "Resolution approving variance to the requirements of the Subdivision
Ordinance in Section 2.3(1) Final Plat Submittal, for United Medical Park
Addition -Submitted by Aric Schroeder, City Planner", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2013-301.
April 22, 2013 Page 5
140804 - Schmitt/Welper
that "Resolution approving Preliminary and Final Plat of United Medical Park
Addition, located south of 1731-1753 W. Ridgeway Avenue along with the staff
report, aerial photo, deed of dedication, certificate of Survey and report of
the City Engineer -Submitted by Aric Schroeder, City Planner", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2013-302.
140805 - Schmitt/Welper
that "Resolution approving award of bid and contract for the 2013 Right -of -Way
Mowing Contract to B & B Lawn Care Inc. and approval of Contract, Bonds, and
Certificate of Insurance -Submitted by JB Bolger, Golf & Downtown Area
Maintenance Manager", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2013-303.
140806 - Cole/Welper
that "Resolution granting financial assurances to the Iowa Association of
Regional Councils (IARC) and the Iowa Department of Transportation (IDOT) for
the local match in the maximum not to exceed amount of $1,320.00 related to the
submission of an Airport Zoning grant funding request -Submitted by Aric
Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2013-304.
140807 - Cole/Welper
that "Resolution approving State of Iowa Grade Crossing Surface Repair Fund
Force Agreement and authorize Mayor Pro Tem to sign said agreement -Submitted by
Jeff Bales, Associate Engineer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2013-305.
140808 - Cole/Welper
that "Resolution awarding contract to Boulder Contracting, LLC of Grundy Center,
Iowa, for the F.Y. 2013 Sidewalk Repair Program - Zone 3 and Trail Repairs,
Contract No. 848, in the amount of $141,972.38 -Submitted by W. Wayne Castle,
PLS, EI, Associate Engineer", be adopted. Roll call vote -Ayes: Seven.
Mr. Schmitt questioned whether the contractor was properly vetted.
Eric Thorson, City Engineer, reported that staff had done due diligence in
checking into the vendor.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2013-306.
140809 - Getty/Schmitt
that "Resolution approving Contract, Bonds, and Certificate of Insurance for
Boulder Contracting, LLC in conjunction with the F.Y. 2013 Sidewalk Repair
Program - Zone 3 and Trail Repairs, Contract No. 848 -Submitted by W. Wayne
Castle, PLS, EI, Associate Engineer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2013-307.
140810 - Getty/Schmitt
that "Resolution approving agreement with Waterloo Water Works for water main
replacement for the F.Y. 2013 Street Reconstruction Program, Contract No. 832 -
Submitted by Dennis Gentz, P.E., Assistant City Engineer", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2013-308.
140811 - Getty/Schmitt
that "Resolution approving Enterprise Zone certification for the expansion of
the Enterprise Zone to include property bounded by Williston Avenue, Pleasant
Street, West 7th Street and West 8th Street, locally known as "Williston Field" -
Submitted by Noel Anderson, Community Planning and Development Director", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2013-309.
April 22, 2013 Page 6
140812 - Jones/Greenwood
that "Resolution approving Convention and Visitors Bureau (CVB) Board
recommendation for funding in the Event/Capital Hotel -Motel Tax Grant funds for
FY2014 totaling $141,000.00 -Submitted by Aaron Buzza, Executive Director of
Waterloo Convention & Visitors Bureau", be adopted. Roll call vote -Ayes: Five.
Cole and Schmitt abstained.
Mr. Schmitt questioned how UNI grants benefit Waterloo, what impact Pridefest
had on local businesses, is it normal procedure for for-profit businesses to be
awarded grants and what needed for the Riverfront Sports Complex.
Aaron Buzza, Executive Director of Waterloo Convention & Visitors Bureau, noted
that most guests stay and dine in Waterloo. The VGM convention brings 700-800
guests, the Pridefest grant is for marketing, last year was first time for for-
profit entities to apply, and the Leisure Riverfront Sports complex is just
adding finishing touches.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2013-310.
140813 - Jones/Greenwood
that "Resolution approving second amendment to development agreement with
Sunnyside South Addition, LLC, initially approved on January 7, 2013, to revise
project completion date and insurance requirements and to provide for temporary
continued use of street after conveyance to developer -Submitted by Aric
Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2013-311.
140814 - Jones/Greenwood
that "Resolution approving request to dedicate necessary sanitary sewer
easements and temporary construction easements for the construction of
approximately i, of a mile of sanitary sewer to serve land surrounding the new
Orange Elementary School -Submitted by Noel Anderson, Community Planning and
Development Director", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2013-312.
140815 - Jones/Greenwood
that "Resolution approving request for temporary parking to be allowed on the
west side of the 500 block of W. 8th Street between the alley and South Street -
Submitted by Sandie Greco, Traffic Operations Superintendent", be adopted. ,Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2013-313.
ORDINANCES
140816 - Welper/Schmitt
that "an Ordinance amending the 2008 Traffic Code by adding a new Subsection
(17a) Johnson Street, to Section 545, Yield Streets in conjunction with
Ordinance Change - Yield Johnson Street Traffic on Allen Street", be received,
placed on file, considered and passed for the first time. Roll call vote -Ayes:
Seven. Motion carried.
140817 - Welper/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.
140818 - Welper/Schmitt
that "an Ordinance amending the 2008 Traffic Code by adding a new Subsection
(17a) Johnson Street, to Section 545, Yield Streets in conjunction with
Ordinance Change - Yield Johnson Street Traffic on Allen 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 Pro Tem assigned No. 5159.
•
April 22, 2013 Page 7
OTHER COUNCIL BUSINESS
140819 - Cole/Greenwood
to instruct City Clerk to prepare plans, specifications, form of contract, etc.
in conjunction with 2013 Local and Long Distance Phone Service, be approved.
Voice vote -Ayes: Six. Schmitt abstained. Motion carried.
140820 - Cole/Greenwood
that plans, specifications, form of contract, etc. in conjunction with 2013
Local and Long Distance Phone Service, be received and placed on file. Voice
vote -Ayes: Six. Schmitt abstained. Motion carried.
140821 - Cole/Greenwood
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with 2013 Local and Long Distance Phone Service",
be adopted. Roll call vote -Ayes: Six. Schmitt abstained.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2013-314.
140822 - Cole/Greenwood
that "Resolution setting date of hearing and bid opening as May 6, 2013; and
instruct City Clerk to publish notice of plans, specifications, form of
contract, etc. in conjunction with 2013 Local and Long Distance Phone Service",
be adopted. Roll call vote -Ayes: Six. Schmitt abstained.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2013-315.
140823 - Cole/Greenwood
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. in conjunction with F.Y. 2013 Street Reconstruction Program, Contract No.
832, be approved. Voice vote -Ayes: Seven. Motion carried.
140824 - Cole/Greenwood
that plans, specifications, form of contract, etc. in conjunction with F.Y. 2013
Street Reconstruction Program, Contract No. 832, be received and placed on file.
Voice vote -Ayes: Seven. Motion carried.
140825 - Cole/Greenwood
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with F.Y. 2013 Street Reconstruction Program,
Contract No. 832", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2013-316.
140826 - Cole/Greenwood
that "Resolution setting date of hearing and bid opening as May 6, 2013; and
instruct City Clerk to publish notice of plans, specifications, form of
contract, etc. in conjunction with F.Y. 2013 Street Reconstruction Program,
Contract No. 832", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2013-317.
ORAL PRESENTATIONS
None
ADJOURNMENT
140827 - Cole/Greenwood
that the Council adjourn at 6:15 p.m. Voice vote -Ayes: Seven. Motion carried.
Suzy Sch res
City Cle k