HomeMy WebLinkAboutMinutes-07/01/2013July 1, 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, July 1, 2013. Mayor Ernest G. Clark
in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Mark Rice, Public Works Director.
141189 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, July 1, 2013,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
141190 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, June 24, 2013,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
141191 - Hart/Schmitt
1.
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, dated July
1, 2013, in the amount of $1,696,747.51, 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. 2013-558.
2. Request of Ascension Lutheran Church, 2211 Maynard Avenue, for a variance
to the Code of Ordinances concerning discharging of weapons (5-2-6B) to
allow Vacation Bible School participants to use bow and arrows to shoot at
targets during a portion of the program from July 29 - August 2, 2013,
together with recommendation of approval of Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2013-559.
3. Request of Brian Cosgrove for a concrete driveway to be located at 1112
Amherst Avenue, together with recommendation of approval of City Engineer.
Resolution adopted and upon approval by Mayor assigned No. 2013-560.
b. Motion to approve the following:
Travel Requests
Name & Title
of Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
exceed
Bob Osgood,
Plumbing
Inspector
IAPMO 2013 Annual
Education/Business
Conference
Kansas City,
Missouri
September
29, -
October 4,
2013
$895.00
2. Mayor Clark's recommendation of the following appointment:
Appointee
Board/Commission
Expiration Date
New or Re -
Appointment
Chris
Harshbarger
Airport Commission
June 30, 2017
ew
Appointment
3. Recommendation of appointment of Joseph Schaefer to the position of Sewer
Maintenance Worker, effective July 8, 2013 pending completion of pre-employment
physical exam.
Class C Liquor License Permit Application
4. Hwy 63 Diner, 3030 Marnie Avenue (Renewal) (Expires 5/31/2014) (Includes Sunday
Sales)
July 1, 2013 Page 2
Class C Liquor License Permit Application
5. Diamond Dave's Crossroads, 124 Crossroads Boulevard-spc #165 (Renewal) (Expires
5/14/2014) (Includes Sunday Sales)
Class B Wine License Permit Application
6. Hwy 63 Diner, 3030 Marnie Avenue (Renewal) (Expires 5/31/2014) (Includes Sunday
Sales)
7. 74 Cigarette/Tobacco Permit Applications
8. Bonds
Roll call vote -Ayes: Seven. Motion carried.
Mayor Clark recognized the new employee and new board appointee.
PUBLIC HEARINGS
141192 - Schmitt/Welper
that public hearing on Request by Residential Development Partners, LLC (Jim
Ellis) for a site plan amendment to the "R -1,R -P" Planned One and Two Family
Residence District, to allow for the construction of 12 single-family homes on
3.19 acres generally located north of Eureka Street and east of Vermont Street
(Baltimore Field), be reopened. Voice vote -Ayes: Seven. Motion carried.
141193 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Mr. Hart questioned who the development agreement is with and what time frame
has been set for completion.
Noel Anderson, Community Planning and Development Director, reported that the
development agreement is with the LLC and there is a time frame stipulated in
the agreement.
Mr. Schmitt reiterated that the type or style of these homes will not change.
Schmitt/Welper
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.
141194 - 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 site plan amendment on certain property in conjunction with the
request by Residential Development Partners, LLC (Jim Ellis) for a site plan
amendment to the "R -1,R -P" Planned One and Two Family Residence District, to
allow for the construction of 12 single-family homes on 3.19 acres generally
located north of Eureka Street and east of Vermont Street (Baltimore Field)", be
received, placed on file, considered and passed for the first time. Roll call
vote -Ayes: Seven. Motion carried.
141195 - 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.
141196 - 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 site plan amendment on certain property", 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. 5165.
141197 - Getty/Welper
that the public hearing on Request by Residential Development Partners, LLC (Jim
Ellis) for a site plan amendment to the "R -1,R -P" Planned One and Two Family
Residence District, to allow for the construction of 5 single-family homes on
1.13 acres generally bounded by Williston Avenue, Pleasant Street, West 7th
Street and Allen Street (Williston Field), be reopened. Voice vote -Ayes:
Seven. Motion carried.
July 1, 2013 Page 3
141198 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Cheryl Pieters-Rammelsberg, 934 W. Mullan Ave., expressed concern with who may
be purchasing and living in the homes.
Mayor Clark noted that the new zoning will help place restrictions on the type
of home being built and sold.
Mr. Welper reported that citizens are not in support of the development but are
not going to come oppose it.
Jim Ellis, 126 Hanes Ave., explained that there are five lots and the homes will
be built after the buyers are pre -approved. He believes all homes will be built
in 1 to 2 years. Due to the Enterprise Zone, benefits cannot be received until
all homes in the development are built.
Noel Anderson, Community Planning and Development Director, reported that the
homes will face 7th Street unless a minor site plan amendment is completed.
Cheryl Pieters-Rammelsberg, 934 W. Mullan Ave., asked if criminal background
checks will be completed on the proposed buyers.
Getty/Schmitt
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
141199 - Getty/Schmitt
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 the
request by Residential Development Partners, LLC (Jim Ellis) for a site plan
amendment to the "R -1,R -P" Planned One and Two Family Residence District, to
allow for the construction of 5 single-family homes on 1.13 acres generally
bounded by Williston Avenue, Pleasant Street, West 7th Street and Allen Street
(Williston Field)," be received, placed on file, considered and passed for the
first time. Roll call vote -Ayes: Seven. Motion carried.
141200 - Getty/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.
141201 - Getty/Schmitt
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", 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. 5166.
RESOLUTIONS
141202 - Hart/Welper
that "Resolution approving annual renewal agreement with Safety National
Casualty at a cost not to exceed $136,980.00 per year to provide workers'
compensation stop loss coverage", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-561.
141203 - Hart/Welper
that "Resolution approving renewal of general and auto liability, law
enforcement, public officials, cyber liability, errors and omissions, and
umbrella insurance for a premium of $838,810.00 with Travelers Insurance,
together with recommendation of approval of Insurance Committee and rescinding
Resolution No. 2013-549 passed on June 24, 2013", be adopted. Roll call vote -
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-562.
141202 - Hart/Welper
that "Resolution approving Airport Management Agreement with Trillion Aviation
for management consulting in the amount of $6,500.00 per month plus expenses for
July 1, 2013 Page 4
6 months; and authorize Mayor to execute same", be adopted. Roll call vote -
Ayes: Seven.
Mr. Schmitt questioned if there was a possibility that the City could complete
the recruitment process sooner than 6 months.
Mayor Clark responded that it was doubtful but that the contract could be
terminated if necessary.
Resolution adopted and upon approval by Mayor assigned No. 2013-563.
141203 - Cole/Getty
that "Resolution approving School Resource Officers' Agreement with Waterloo
Community School District for providing the assignment of six (6) police
officers within the school district for one year; and authorize Mayor and City
Clerk to execute same", be adopted. Roll call vote -Ayes: Seven.
Bill Kammeyer, 526 Home Park Blvd, questioned what responsibilities were
assigned to the officer and who they reported to.
Dan Trelka, Director of Safety Services, explained that the officers mentor,
investigate, provide security, and community policing. They report to the City
of Waterloo Police Department command staff.
Mayor Clark noted that this program has replaced the DARE program.
Resolution adopted and upon approval by Mayor assigned No. 2013-564.
141204 - Cole/Getty
that "Resolution approving Certificate of Completion and Final Acceptance of
Work Agreement performed by Vieth Construction Corporation of Cedar Falls, Iowa
at a total cost of $1,204,084.32 for the F.Y. 2011 River Renaissance North
Downtown Trail, Contract No. 786", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-565.
141205 - Cole/Getty
that "Resolution approving Notice of Intent for NPDES Coverage Under General
Permit to the Iowa Department of Natural Resources in conjunction with F.Y. 2012
Orange School Sanitary Sewer Extension, Contract No. 816; and authorize Mayor to
execute said document", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-566.
141206 - Schmitt/Welper
that "Resolution approving Supplemental Agreement No. 1 with Stanley
Consultants, Inc. of Des Moines, Iowa for additional services of groundwater
dewatering monitoring, data logging, and review for the F.Y. 2013 Storm Water
Pump Stations (Virden Creek, Westfield Avenue and Vinton Street), Contract No.
831; and authorize Mayor and City Clerk to execute said document", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-567.
141207 - Schmitt/Welper
that "Resolution approving Lease Agreement with Wendell Lupkes in the amount of
$200.00 per year to farm approximately 19 acres of land located near the
northwest corner of West 4th Street and West Shaulis Road for the purpose of
baling hay", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-568.
141208 - Schmitt/Welper
that "Resolution approving the Acquisition Contract with Prairie Construction
Company, Inc., successor in interest to Jens Olesen & Sons Construction Company,
for the acquisition of Parcel No. 8913-16-301-001 generally located at the
southeast corner of North Hackett Road and Greenwood Avenue in the amount of
$35,500.00, plus up to $1,000.00 in closing costs; and authorize the Mayor and
City Clerk to execute any necessary documents", be adopted. Roll call vote -
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-569.
July 1, 2013 Page 5
141209 - Welper/Schmitt
that "Resolution setting date of hearing as July 15, 2013 to approve request by
Phillip Douglas to rezone approximately 1.3 acres of land located at the
southwest corner of Martin Luther King Jr. Drive and Idaho Street from "R-2" One
and Two Family Residence District to "C -P" Planned Commercial Zoning District,
for the purpose of constructing a 60' x 120' commercial building; and instruct
City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-570.
Noel Anderson, Community Planning and Development Director, noted that the
property owner is building a commercial storage building.
Mr. Hart questioned if the City stills owns property on MLK Drive and what the
potential development should be.
Noel Anderson, Community Planning and Development Director, reported that the
City still owns property that is zoned both commercial and residential depending
on the location.
141210 - Welper/Schmitt
that "Resolution approving variance to the requirements of the Subdivision
Ordinance in Section 2.3(1) Final Plat Submittal, for Crossroads Plat No. 10",
be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-571.
141211 - Welper/Schmitt
that "Resolution approving Preliminary and Final Plat of Crossroads Plat No. 10
along with the staff report, aerial photo, preliminary and final plats, deed of
dedication, certificate of survey and report of the City Engineer", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-572.
141212 - Cole/Welper
that "Resolution approving the City of Waterloo providing full-time Animal
Control Services to Waterloo effective July 1, 2013", be adopted. Roll call
vote -Ayes: Four. Nays: Three (Jones, Schmitt, Hart).
Resolution adopted and upon approval by Mayor assigned No. 2013-573.
Mr. Schmitt questioned if the City's budget for personnel included benefits and
since the Humane Society has 3 vans whether the City will be able to handle only
having one van.
Sandie Greco, Traffic Operations Superintendent, responded that the benefits
were included and there is one new van and one older van that can be utilized.
Randy Harod, 111 Highland Blvd, asked Council to voice their opinion and he
supports the Humane Society.
Bill Kammeyer, 526 Home Park Blvd, asked if there is a business plan for the
City to take over animal control.
Cheryl Pieters-Rammelsberg, 934 W Mullan Ave., spoke in support of the Cedar
Bend Human Society.
Jim Chapman, 224 Bertch, spoke in opposition to the City taking over animal
control operations.
Tammy Laughlin, 1463 Oakcrest Dr., expressed concern with how the City is
currently handling animal control operations.
Jennifer Kane, 411 Glencoe Ave., questioned the number of volunteers the City
has and how they will be supervised. She questioned how strays will be handled
and how dead animals will be disposed of. She asked if this model does not work
will the City go back to the Humane Society for service.
Beverly Frost, 718 Wisconsin, spoke in support of the City regaining animal
control operations.
July 1, 2013 Page 6
Forest Dillavou, 1725 Huntington Rd, commented that there will not be a cost
savings to the City and that money could be saved by Leisure Services utilizing
the garage not animal control.
Mr. Schmitt suggested utilizing the Humane Society for 6 months or a year if
there is a 60 -day termination clause while a task force can be set up to
research options.
141213 - Hart/Welper
that "Resolution re -setting date of hearing as July 8, 2013 to approve request
of Prime RE, LLC to vacate a portion of an existing 16 foot sanitary sewer
easement on the property generally bounded by Crossroads Boulevard, Bopp Street
and La Porte Road, for the purpose of relocating the sanitary sewer line for
commercial development purposes, subject to the approval becoming effective upon
the completion and acceptance of the new sanitary sewer line; and instruct City
Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-574.
141214 - Hart/Welper
to instruct Director of Safety Services to prepare specifications, bid
documents, etc. in conjunction with F.Y. 2014 Ammunition Needs for Police
Department. Voice vote -Ayes: Seven. Motion carried.
141215 - Hart/Welper
that specifications, bid documents, etc. in conjunction with the F.Y. 2014
Ammunition Needs for Police Department, be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
141216 - Hart/Welper
that "Resolution preliminarily approving specifications, bid document, etc. in
conjunction with F.Y. 2014 Ammunition Needs for Police Department", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-575.
141217 - Hart/Welper
that "Resolution setting date of hearing and bid opening as July 8, 2013; and
instruct City Clerk to publish notice of plans, specifications, form of
contract, etc. in conjunction with F.Y. 2014 Ammunition Needs for Police
Department", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-576.
141218 - Greenwood/Schmitt
that "Motion approving Change Order No. 3 for a net decrease of $8,023.90 for
work performed by Peterson Contractors, Inc. of Reinbeck, Iowa for F.Y. 2009
West Shaulis Road, Contract No. 759", be adopted. Roll call vote -Ayes: Seven.
141219 - Greenwood/Schmitt
that "Motion approving Change Order No. 10 for a net increase of $15,668.04 for
work performed by Vieth Construction Corporation of Cedar Falls, Iowa for F.Y.
2011 River Renaissance North Downtown Trail, Contract No. 786", be adopted.
Roll call vote -Ayes: Seven.
ORAL PRESENTATIONS
Rick Morris, Beecher Law Firm, reported that he has requested a development
agreement from Planning and has not received it.
Noel Anderson, Community Planning and Development Director, responded that the
agreement should be ready in two weeks. The Planning department is working on
calculating back taxes for the agreement.
141220 - Hart/Getty
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
July 1, 2013 Page 7
ADJOURNMENT
141221 - Hart/Getty
that the Council adjourn at 6:25 p.m. Voice vote -Ayes: Seven. Motion carried.
Suzy Sc ares
City Cl rk