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HomeMy WebLinkAboutMinutes-02/18/2013February 18, 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, February 18, 2013. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt (via telephone), Welper, Hart. Moment of Silence. Pledge of Allegiance: Harold Getty, Ward 3 Council Member 140491 - Hart/Welper that the Agenda, as proposed, for the Regular Session on Monday, February 18, 2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 140492 - Hart/Welper that the Minutes, as proposed, for the Regular Session on Monday, February 11, 2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 140493 - Hart/Welper 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. 1-33, dated February 18, 2013, in the amount of $1,012,722.21, 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. 2013-107. 2. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00 with Metro 66 #1 of 3201 West 4th Street, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age -Submitted by David R. Zellhoefer, Assistant City Attorney. Resolution adopted and upon approval by Mayor assigned No. 2013-108. 3. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00 with Hy -Vee Gas #3 of 1512 Flammang Drive, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age -Submitted by David R. Zellhoefer, Assistant City Attorney. Resolution adopted and upon approval by Mayor assigned No. 2013-109. 4. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00 with Five Star Snacks & Liquor of 437 Sullivan Avenue, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age - Submitted by David R. Zellhoefer, Assistant City Attorney. Resolution adopted and upon approval by Mayor assigned No. 2013-110. 5. Request of Mike Robinson of Heal the Family Inc. for a variance to the Noise Ordinance on Saturday, August 24, 2013 from 11:00 a.m. to 4:00 p.m. in conjunction with 5th Annual Take Back Our Community event to be held at Sullivan Park including a band/DJ and the use of .a PA system, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2013-111. February 18, 2013 b. Motion to approve the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Page 2 Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Investigator Pohl Cellebrite Training/certif ication Elkhorn, Wisconsin March 25- 28, 2013 $2,308.00 Sergeant Ludwig; Luitenant Campbell Iowa Association of Women Police Training Conference West Des Moines, Iowa March 25- 26, 2013 $440.00 Captain Mohlis Northwestern School of Police Staff and Command Webster City, Iowa March 17- May 24, 2013 $8,685.00 Gary Luck, Sewer Maintenance Foreman; Dave Ross, Sewer Maintenance Worker; Todd Gaede, Sewer Maintenance Worker; Forrest Graves, Sewer Maintenance Worker 17th Annual Iowa Collection System Specialty Conference Marshalltown, Iowa March 7- 8, 2013 $440.00 Kent Shankle, Cultural and Arts Director Bahamian Art Pick-up Tallahassee, Florida February 28 -March 3, 2013 $840.00 Jon Martin, Rehabilitation/ Relocation Specialist MSA Professional Services Refresher Sampling Tech & Inspector and Lead Inspector/Risk Assessor Training Dubuque, Iowa February 21-22, 2013 $780.00 Steve Grimm, Rental Housing Inspector IAHO Spring Conference Certification & Recertification Waterloo, Iowa April 3- 5, 2013 $250.00 State of Iowa RIC Staff IPERS and Deferred Compensation Employee Updates Waterloo, Iowa February 20, 3013 $195.00 Phillip Schuppert, Storm Water Specialist Iowa Storm Water Conference Ames, Iowa March 4- 6, 2013 $353.46 Officer Pohl ICAC First Responder Lantern 3 Software Certification Boston, Massachusetts March 4- 8, 2013 $1,853.00 11.Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Gael Yonnet ADA Compliance Commission February 13, 2016 New Appointment Candace Diercks ADA Compliance Commission February 13, 2016 New Appointment February 18, 2013 Page 3 Class C Beer License Permit Application 12.Liquor and Tobacco Outlet, 2844 University Avenue (Renewal) (Expires 1/31/2014) (Includes Sunday Sales) Class C Liquor License Permit Application 13.Curt's, 32 Lafayette Street (Renewal) (Expires 12/31/2013) (Includes Sunday Sales) Class E Liquor License Permit Application 14.Liquor and Tobacco Outlet, 2844 University Avenue (Renewal) (Expires 1/31/2014) (Includes Sunday Sales) Class B Wine License Permit Application 15.Liquor and Tobacco Outlet, 2844 University Avenue (Renewal) (Expires 1/31/2014) (Includes Sunday Sales) Vehicle For Hire Business License Application 16.First Call Taxi, 604 2nd Street, Evansdale, Iowa 50707 Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt abstained from the bills payment to Schmitt Telecom. PUBLIC HEARINGS 140494- Greenwood/Welper that proof of publication of notice of public hearing on F.Y. 2013 U.S. Highway 63 Improvements - From Conger Street/Newell Street to Donald Street, Contract No. 790, as published in the Waterloo Courier on February 7, 2013, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 140495 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Welper that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 140496 - Greenwood/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2013 U.S. Highway 63 Improvements - From Conger Street/Newell Street to Donald Street, Contract No. 790", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-112. 140497 - Greenwood/Welper that "Resolution ordering construction in conjunction with F.Y. 2013 U.S. Highway 63 Improvements - From Conger Street/Newell Street to Donald Street, Contract No. 790", be adopted .(Project will be let by IDOT on February 19, 2013). Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-113. 140498 - Hart/Welper that proof of publication of notice of public hearing on Purchase of 2013 Golf Turf Equipment, as published in the Waterloo Courier on February 12, 2013, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 140499 - 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. 140500 - Hart/Welper that "Resolution confirming approval of specifications, bid document, etc.in conjunction with Purchase of 2013 Golf Turf Equipment", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-114. February 18, 2013 140501 - Hart/Welper Page 4 that "Resolution authorizing to proceed in conjunction with Purchase of 2013 Golf Turf Equipment", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-115. 140502 - Hart/Welper to receive and file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review in conjunction with Purchase of 2013 Golf Turf Equipment: Voice vote -Ayes: Seven. Motion carried. 140503 - Welper/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 February 12, 2013, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 140504 - 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. 140505 - Welper/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. 2013-116. 140506 - Welper/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. 2013-117. Van Wall John Deere/WL Imp Turf Werks JD 7700 Fairway Unit 46,835.00 34,280.00 Sub Jacobsen LF510 JD 5093E Utility Tractor 39,224.68 Trade Values: JD 3215B 3,000.00 1,000.00 Jacobsen LF3400 3,000.00 8,000.00 JD 5510 Utility Tractor 7,500.00 Voice vote -Ayes: Seven. Motion carried. 140503 - Welper/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 February 12, 2013, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 140504 - 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. 140505 - Welper/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. 2013-116. 140506 - Welper/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. 2013-117. February 18, 2013 140507 - Welper/Hart Page 5 to receive and file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review in conjunction with Gates Park Golf Course - Virden Creek Erosion Project: Company Quantity Hardscape Solutions Matthias Landscaping Mike Dolan Unit Price Total Price Unit Price Total Price Unit Price Total Price Clearing and Grubbing 0.04 $10,000.00 $400.00 $10,000.00 $400.00 $12,500.00 $500.00 Modular Retaining Wall 1080 $42.50 $45,900.00 $41.10 $44,388.00 $52.00 $56,160.00 Turf Seeding 0.05 $30,000.00 $1,500.00 $6,969.60 $348.48 $12,500.00 $625.00 Native Seeding 0.04 $30,000.00 $1,200.00 $6,969.75 $278.79 $12,500.00 $500.00 Excavate pipe 130 $32.00 $4,160.00 $22.00 $2,860.00 $25.00 $3,250.00 TRM 325 $5.00 $1,625.00 $1.20 $390.00 $1.50 $487.50 Voice vote -Ayes: Seven. Motion carried. 140508 - Getty/Cole that proof of publication of notice of public hearing on Amendment to MidAmerican Energy Company Electric System Franchise Agreement, as published the Waterloo Courier on February 14, 2013, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 140509 - This being the time and place of public hearing, the Mayor called for written and oral objections. Steve Dust, Cedar Valley Alliance, recommended a cap on commercial and industrial fees. He asked for a committee of business persons to assist in making adjustments to the budget. Jim Blasby, 533 Riehl Street, spoke in opposition to the franchise fees. Mayor Clark noted that this is a rent for MidAmerican to do business in the City right-of-way. Tim Hurley, 1933 Crabapple Lane, requested the fee be tempered as much as possible. Kevin Parker, 902 Campbell Avenue, spoke in opposition to the franchise fee. Al Little, 822 Baltimore Street, spoke in support of the franchise fee. Forest Dillavou, 1725 Huntington Road, requested that the fee not be passed on all three readings. John Sherban, 1715 Robin Road, spoke in opposition to the franchise fee. Charles Peyton, 220 Linwood Avenue, recommended speed/red light cameras for revenue and he recommended collaborating with the school board. Eric Johnson, President of Waterloo Industrial Association, agreed with Steve Dust. Cole/Hart that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. Ms. Cole reported that Council has gone through the budget line by line. 76% of the City's budget is public safety. She noted that this fee would result in a 0% increase in residential property tax and an almost 4% decrease in commercial property tax. Mr. Greenwood echoed Ms. Cole's comments and noted that the public does not want public safety cut. He does not perceive the City to have an expense problem; there are a lot of unfunded mandates. The City has a revenue problem. Mr. Welper appreciates this option as it eliminates a property tax increase. He noted that the citizens will be able to control the percentage of increase by reducing the amount of utility usage. February 18, 2013 Page 6 Mr. Schmitt noted the letter received by the Iowa Industrial Energy Group. He agreed that additional revenue would be great but the budget can be influenced by reducing the cost of City employees. He noted that $1,000,000 will be used from the reserve fund. He suggested downsizing City employees, lay-offs, and collaboration with other entities, outsourcing. Mayor Clark reported that he hears the citizens but that the City has a cost to provide service. He read a prepared statement. Mr. Greenwood noted that residents are currently paying the Local Option Sales Tax on their utility bill so the net increase will only be 1 percent. 140510 - Getty/Cole that "amending Ordinance No. 5028 by increasing the franchise fee to 2 percent effective July 1, 2013 and 3 percent effective July 1, 2014 in conjunction with Amendment to MidAmerican Energy Company Electric System Franchise Agreement", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Five. Nays: Two (Jones, Schmitt). Motion carried. 140511 - Getty/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Nays: One (Schmitt). Motion carried. 140512 - Getty/Cole that "amending Ordinance No. 5028 by increasing the franchise fee to 2 percent effective July 1, 2013 and 3 percent effective July 1, 2014 in conjunction with Amendment to MidAmerican Energy Company Electric System Franchise Agreement", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Five. Nays: Two (Jones, Schmitt). Ordinance adopted and upon approval by Mayor assigned No. 5148. 140513 - Hart/Greenwood that proof of publication of notice of public hearing on Amendment to MidAmerican Energy Company Natural Gas System Franchise Agreement, as published in the Waterloo Courier on February 14, 2013, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 140514 - This being the time and place of public hearing, the Mayor called for written and oral objections. The City Clerk noted written comments were on file in the City Clerk's Office. Hart/Greenwood that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 140515 - Hart/Greenwood that "amending Ordinance No. 5028 by increasing the franchise fee to 2 percent effective July 1, 2013 and 3 percent effective July 1, 2014 in conjunction with Amendment to MidAmerican Energy Company Natural Gas System Franchise Agreement", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Five. Nays: Two (Jones, Schmitt). Motion carried. 140516 - Hart/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Nays: One (Schmitt) Motion carried. 140517 - Hart/Greenwood that "amending Ordinance No. 5028 by increasing the franchise fee to 2 percent effective July 1, 2013 and 3 percent effective July 1, 2014 in conjunction with Amendment to MidAmerican Energy Company Natural Gas System Franchise Agreement", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Five. Nays: Two (Jones, Schmitt). Ordinance adopted and upon approval by Mayor assigned No. 5149. February 18, 2013 Page 7 RESOLUTIONS 140518 - Greenwood/Welper that "Resolution approving fee for sports and aquatics programs for Spring 2013 - Winter 2014 -Submitted by Mark Gallagher, Sports Manager", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-118. 140519 - Greenwood/Welper that "Resolution approving submission of application to Iowa Department of Transportation for an Iowa Safe Routes to School Non -infrastructure Activities Grant; and authorize Mayor to execute said document -Submitted by Sandie Greco, Traffic Operations Superintendent", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-119. 140520 - Greenwood/Welper that "Resolution approving recommendation of award of contract to Stickfort Construction Corporation of Hudson, Iowa in the amount of $154,562.00 for the F.Y. 2013 Sans Souci Wing Dam Repairs, Contract No. 846 -Submitted by Jamie Knutson, P.E., Associate Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-120. 140521 - Cole/Hart that "Resolution approving Contract, Bonds, and Certificate of Insurance with Stickfort Construction Corporation of Hudson, Iowa in the amount of $154,562.00 for the F.Y. 2013 Sans Souci Wing Dam Repairs, Contract No. 846; and authorize Mayor and City Clerk to execute said documents -Submitted by Jamie Knutson, P.E., Associate Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-121. 140522 - Cole/Hart that "Resolution approving an Agreement for Subdivision Platting with Cedar Valley Tech Works, Inc. and FDP WTC, L.L.C. to authorize approval of a plat of survey, grant a variance to the subdivision platting requirements, and provide for the future submittal of a preliminary and final plat of the area -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-122. Mayor Clark noted that FDP is the developing company. 140523 - Cole/Hart that "Resolution approving request for a variance to the requirements of the Subdivision Ordinance in Section 2.2 Preliminary Plat and Section 2.3 Final Plat submittal to approve a Plat of Survey for the Tech II property located east of 360 Westfield Avenue -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-123. 140524 - Getty/Cole that "Resolution approving the Real Estate Sale Contract between the City of Waterloo and James C. Turner and Sheryl A. Turner for the acquisition of 3137 Independence Avenue in the amount of $220,000, with up to $10,000 in city environmental and closing costs, and authorizing the Mayor and City Clerk to sign and fully execute any necessary documents -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-124. February 18, 2013 Page 8 140525 - Getty/Cole that "Resolution setting date of hearing as March 11, 2013 to approve request by Frank Cagley to rezone 18 acres from "R-1" Residence District to "M-1" Light Industrial District; 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. 2013-125. 140526 - Getty/Cole that "Resolution setting date of hearing as March 11, 2013 to approve request of Kess& Associates on behalf of C&M enterprises, Inc. to rezone 1943 Plymouth Avenue from "R-2" One and Two Family Residence district to "C-2" Commercial District, for the purpose of expanding the existing Taco John's parking lot located adjacent to the east at 1620 La Porte Road; 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. 2013-126. 140527 - Cole/Hart that "Resolution setting date of hearing as March 4, 2013 to approve an Amendment to the Airport Area Urban development Plan to add a new project by M&R Iowa, LLC (Fed Ex) to develop an expansion of their existing building located at 2320 Airline Highway to the plan; 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. 2013-127. 140528 - Cole/Hart that "Resolution setting date of hearing as March 4, 2013 to approve a development agreement between M&R Iowa, LLC (Fed Ex) and the City of Waterloo for the 10,707 SF addition to the existing building at 2320 Airline Highway adding $755,000 of taxable value to the site and offering 5 years at 50% tax rebates to company and the sale and conveyance of .866 acres of City owned land located west of their existing building at 2320 W Airline Highway; 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. 2013-128. 140529 - Cole/Hart that "Resolution setting date of hearing as March 4, 2013 to approve the sale of city owned property located at 2063 Howard Avenue for $1.00 with development agreement; 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. 2013-129. OTHER COUNCIL BUSINESS 140530 - Hart/Welper to instruct Community Planning & Development Director to prepare specifications, bid document, etc. in conjunction with Request for Proposals on the Sale of 335 Almond Street, be approved. Voice vote -Ayes: Seven. Motion carried. 140531 - Hart/Welper that specifications, bid document, etc.in conjunction with Request for Proposals on the Sale of 335 Almond Street, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 140532 - Hart/Welper that "Resolution preliminarily approving specifications, bid document, etc.in conjunction with Request for Proposals on the Sale of 335 Almond Street", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-130. February 18, 2013 Page 9 140533 - Hart/Welper that "Resolution setting date of hearing and bid opening as March 11, 2013; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids in conjunction with Request for Proposals on the Sale of 335 Almond Street", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-132. ORAL PRESENTATIONS Dorothy Little, 822 Baltimore Avenue, questioned why the property on Baltimore was purchased. She suggested moving some of the TIF funds back into the general fund. She noted that City employees have always been responsive. Mayor Clark noted that the property was purchased for future development and that the City is on the cusp of seeing revenue from the TIF Districts. Carolyn Cole recognized Kim Van Deest, City of Waterloo Library employee, who will be on the 10:00 p.m. KWWL Someone you should know series. 140534 - Hart/Welper that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 140535 - Hart/Welper that the Council adjourn at 6:47 p.m. Voice vote -Ayes: Seven. Motion carried.