HomeMy WebLinkAboutMinutes-03/11/2013March 11, 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, March 11, 2013. Mayor Ernest G. Clark
in the Chair. Roll Call: Getty, Jones, Greenwood, Schmitt, Welper, Hart. Absent: Cole.
Moment of Silence.
Pledge of Allegiance: Bob Greenwood, Council Member At Large.
140607 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, March 11, 2013,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried.
140608 - Hart/Schmitt
that the Minutes, as proposed, for the March 4, 2013, Regular Session, and
February 28, 2013, Special Session, be accepted and approved. Voice vote -Ayes:
Six. Motion carried.
Presentation of MidAmerican Energy's Trees Please! grant. Mike Messina,
MidAmerican Energy presented the City with a check in the amount of $20,000 for
community beautification. This is the 15th year of the City receiving this grant.
These funds will be used to assist in landscaping the Sportsplex and a portion
for Airport Boulevard.
Mayor Clark presented the Basketball Character Counts Coach of the Year award
to: Chris Dolan & Kelly Nelson; Marcus Norris; Kris Sproul; Sead Sarkic.
Mayor Clark presented the Basketball Character Counts Player of the Year to:
Kayla Sproul & Kerris Roberts; Joshua 011endieck & Isaiah Johnson.
CONSENT AGENDA
140609 - 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 Finance Committee Invoice Summary Report, pp. 1-23,
dated March 11, 2013, in the amount of $2,380,024.30, 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. 2013-178.
2. Request of Jameson's Public House, 310 East 4th Street, for a variance to
the Noise Ordinance and permission to close a portion of E. 4th Street
(between Lafayette and Mulberry Streets) from Saturday, March 16, 2013 at
9:00 a.m. to Sunday, March 18, 2013 at 12:00 a.m. in conjunction with
Saint Patrick's Day events, including PA system and band, together with
recommendation of approval of Director of Public Safety.
Resolution adopted and upon approval by Mayor assigned No. 2013-179.
3. Request of Easter Seals Camp Sunnyside to hold Pony Express Ride within
Black Hawk County on Friday, March 29, 2013 to enter Waterloo city limits
at approximately 3:15 p.m. with riders route to start along Lafayette
Street from the city limits of Evansdale to Waterloo, turn north on East
6th Street to Mulberry Street, turn west on Mulberry Street to the front of
City Hall.
Resolution adopted and upon approval by Mayor assigned No. 2013-180.
4. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00
with New Star #3 of 1459 Ansborough 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. 2013-181.
March 11, 2013
b. Motion to approve the following:
1.
2.
3.
4.
5.
6.
7.
8.
Page 2
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Investigator
Girsch
Clandestine
Laboratory
Certification
Johnston,
Iowa
April
29 -May
3, 2013
$234.33
Officer Erie;
Investigator
Gergen; Sergeant
McClelland
ILEETA Training
Conference
Wheeling,
Illinois
April
14-19,
2013
$2,513.00
Suzy Schares,
City Clerk;
Nicole Fischels,
Human Resources
Specialist; Nancy
Culpepper,
Administrative
Secretary
2013 Iowa
Employment
Training,
Benefits &
Wellness
Conference
Altoona,
Iowa
April
24-25,
2013
$851.00
John Lenius,
Housing Inspector
IAHO Spring
Conference
Waterloo,
Iowa
April 3-
5, 2013
$250.00
Sergeant
Camarata;
Sergeant
McGeough;
Sergeant
Rasmussen;
Sergeant Feaker
First Line
Supervisor
School
Johnston,
Iowa
April
22-26,
2013
$3,260.00
Sergeant Farmer;
Officer Bovy;
Officer Bose
2013 USPCA
Annual K9
Narcotics
Recertification
Training
Fort
Madison,
Iowa
April
15-17,
2013
$1,375.00
Lieutenant Payne;
Investigator
Girsch; Jake
Austin, DNE State
of Iowa
2013 Iowa
Narcotics
Officers
Association
Training
Conference
West Des
Moines,
Iowa
March
25-28,
2013
$1,860.00
Steve Carey, Fire
Department
Instructor
Confined Space
Rescue
Albert
City, Iowa
March
12-14,
2013
$582.50
9. Request of Jameson's Public House, 310 East 4tn Street, for an extension to
their outdoor service area from Saturday, March 16, 2013 at 9:00 a.m. to
Sunday, March 17, 2013 at 12:00 a.m. in conjunction with Saint Patrick's
Day events.
Class C Beer License Permit Application
10.Sam's Club #6514, 210 E. Tower Park Drive (Renewal) (Expires 2/28/2014)
(Includes Sunday Sales)
Class C Liquor License Permit Application
11.51 Valle, 1927 Jefferson Street (Renewal) (Expires 1/22/2014) (Includes
Sunday Sales)
12.Elitte Cafe Bar, 1108 Jefferson Street (Renewal) (Expires 2/7/2014)
(Includes Sunday Sales)
13.Buzz's Bar, 1016 Maynard Avenue (Renewal) (Expires 3/14/2014) (Includes
Sunday Sales)
14.Rumors, 328 Elm Street (Renewal) (Expires 1/17/2014) (Includes Sunday
Sales)
15.Hunny Comb Hideout, 929 West 5th Street (New) (Expires 3/15/2014)
(Includes Sunday Sales)
Class E Liquor License Permit Application
16.Sam's Club #6514, 210 E. Tower Park Drive (Renewal) (Expires 2/28/2014)
(Includes Sunday Sales)
Class B Wine License Permit Application
17.Sam's Club #6514, 210 E. Tower Park Drive (Renewal) (Expires 2/28/2014)
(Includes Sunday Sales)
Outdoor Service Area Application
18.Buzz's Bar, 1016 Maynard Avenue
March 11, 2013 Page 3
19.Rumors, 328 Elm Street
20.Bonds
Roll call vote -Ayes: Six. Motion carried.
PUBLIC HEARINGS
140610 - Schmitt/Greenwood
that proof of publication of notice of public hearing on Request by Frank Cagley
to rezone 18 acres from "R-1" Residence District to "M-1" Light Industrial
District to allow for additional industrially zoned ground within the City
located at 3730 Wagner Road, as published in the Waterloo Courier on March 7,
2013, be received and placed on file. Voice vote -Ayes: Six. Motion carried.
140611 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Schmitt/Greenwood
that the hearing be closed and recommendation of approval of Planning,
Programming and Zoning Commission be received and placed on file. Voice vote -
Ayes: Six. Motion carried.
140612 - Schmitt/Greenwood
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 Frank
Cagley to rezone 18 acres from "R-1" Residence District to "M-1" Light
Industrial District to allow for additional industrially zoned ground within the
City located at 3730 Wagner Road", be received, placed on file, considered and
passed for the first time. Roll call vote -Ayes: Six. Motion carried.
140613 - Schmitt/Greenwood
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried.
Mr. Schmitt questioned if there was a timing issue regarding approving this
request.
Noel Anderson, Community Planning and Development Director, reported that there
is not that he is aware of.
Mayor Clark noted that all proper notifications have been done and there have
been no objections.
140614 - Schmitt/Greenwood
that "an Ordinance amending the 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 Frank
Cagley to rezone 18 acres from "R-1" Residence District to "M-1" Light
Industrial District to allow for additional industrially zoned ground within the
City located at 3730 Wagner Road", be considered and passed for the second and
third times and adopted. Roll call vote -Ayes: Six.
Ordinance adopted and upon approval by Mayor assigned No. 5152.
140615 - Greenwood/Schmitt
that proof of publication of notice of public hearing on 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, as published in the Waterloo Courier
on March 7, 2013, be received and placed on file. Voice vote -Ayes: Six.
Motion carried.
140616 - 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 and recommendation of approval of Planning,
Programming and Zoning Commission be received and placed on file. Voice vote -
Ayes: Six. Motion carried.
March 11, 2013
Page 4
Mr. Jones questioned if there is fencing as part of the development agreement
and there is a requirement.
Mr. Schmitt questioned if the issues raised by the neighbors had been addressed.
Noel Anderson, Community Planning and Development, noted that the issues were
garbage and lighting. He believes the fencing requirement will address these
issues.
Mr. Hart noted that the dumpster will be fully enclosed.
140617 - Greenwood/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 Rezone on Certain Property in conjunction with 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", be received, placed on file,
considered and passed for the first time. Roll call vote -Ayes: Six. Motion
carried.
140618 - Greenwood/Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried.
140619 - Greenwood/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 Rezone on Certain Property in conjunction with 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", be considered and passed for the
second and third times and adopted. Roll call vote -Ayes: Six.
Ordinance adopted and upon approval by Mayor assigned No. 5153.
140620 - Hart/Welper
that proof of publication of notice of public hearing on Request for Proposals
on the Sale of 335 Almond Street, as published in the Waterloo Courier on March
7, 2013, be received and placed on file. Voice vote -Ayes: Six. Motion
carried.
140621 - 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: Six. Motion carried.
140622 - Hart/Welper
that "Resolution confirming approval of specifications, bid document, etc.in
conjunction with Request for Proposals on the Sale of 335 Almond Street", be
adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-182.
140623 - Hart/Welper
that "Resolution authorizing to proceed in conjunction with Request for
Proposals on the Sale of 335 Almond Street", be adopted. Roll call vote -Ayes:
Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-183.
March 11, 2013
140624 - Hart/Welper
Page 5
to receive and file and instruct City Clerk to open and read bids and refer to
Community Planning & Development Director for review:
Bidder
Earnest Fee
Bid Amount
Laura & Mike Hoy
10525 Mark Road
Cedar Falls, Iowa 50613
$1,000.00
$5,000.00
Voice vote -Ayes: Six. Motion carried.
RESOLUTIONS
140625 - Hart/Welper
that "Resolution approving agreement with Waterloo Water Works for Water Main
Extension and Replacements in conjunction with F.Y. 2013 Highway 63 Improvements
- Phase I, Contract No. 790; and authorize Mayor and City Clerk to execute said
document -Submitted by Jeff Bales, Associate Engineer", be adopted. Roll call
vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-184.
140626 - Hart/Welper
that "Resolution approving recommendation of award of contract to Skyline
Construction, Inc. of Decorah, Iowa in the amount of $9,997,320.09 for the F.Y.
2013 Highway 63 Improvements - Phase I, Contract No. 790 -Submitted by Jeff
Bales, Associate Engineer", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-185.
140627 - Hart/Welper
that "Resolution setting date of hearing as March 25, 2013 to approve request by
Community United Child Care Centers to rezone 4.8 acres of land from "R-1" One
and Two Family Residence District to "R -1,C -Z" Conditional Zoning District at
3610 Ansborough Avenue; and instruct City Clerk to publish notice -Submitted by
Noel Anderson, Community Planning & Development Director", be adopted. Roll
call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-186.
OTHER COUNCIL BUSINESS
140628 - Welper/Schmitt
to instruct Public Works Director to prepare specifications, bid document,
etc.in conjunction with Purchase of One (1) 2013 Vermeer Stump Cutter, be
approved. Voice vote -Ayes: Six. Motion carried.
140629 - Welper/Schmitt
that specifications, bid document, etc. in conjunction with Purchase of One (1)
2013 Vermeer Stump Cutter, be received and placed on file. Voice vote -Ayes:
Six. Motion carried.
140630 - Welper/Schmitt
that "Resolution preliminarily approving specifications, bid document, etc. in
conjunction with Purchase of One (1) 2013 Vermeer Stump Cutter", be adopted.
Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-187.
140631 - Welper/Schmitt
that "Resolution setting date of hearing and bid opening as March 25, 2013; and
instruct City Clerk to publish notice of specifications, bid document, etc. and
taking of bids in conjunction with Purchase of One (1) 2013 Vermeer Stump
Cutter", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-188.
March 11, 2013 Page 6
140632 - Schmitt/Hart
to instruct City Engineer to prepare plans, specifications, form of contract,
etc.in conjunction with F.Y. 2013 Storm Water Pump Stations (Virden Creek,
Westfield Avenue and Vinton Street), Contract No. 831, be approved. Voice vote -
Ayes: Six. Motion carried.
Eric Thorson, City Engineer, this is a rehab for Virden Creek and the Westfield
and Vinton are new.
140633 - Schmitt/Hart
that plans, specifications, form of contract, etc.in conjunction with F.Y. 2013
Storm Water Pump Stations (Virden Creek, Westfield Avenue and Vinton Street),
Contract No. 831, be received and placed on file. Voice vote -Ayes: Six.
Motion carried.
140634 - Schmitt/Hart
that "Resolution preliminarily approving plans, specifications, form of
contract, etc.in conjunction with F.Y. 2013 Storm Water Pump Stations (Virden
Creek, Westfield Avenue and Vinton Street), Contract No. 831", be adopted. Roll
call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-189.
140635 - Schmitt/Hart
that "Resolution setting date of hearing and bid opening as April 8, 2013; and
instruct City Clerk to publish notice of plans, specifications, form of
contract, etc.in conjunction with F.Y. 2013 Storm Water Pump Stations (Virden
Creek, Westfield Avenue and Vinton Street), Contract No. 831", be adopted. Roll
call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-190.
ORAL PRESENTATIONS
Steve Murphy, 124 Terrace Drive, asked for an update on the crime in his
neighborhood and the update on the nuisance property ordinance.
Joe Leibold, Captain of Police Services, noted that the ordinance is being
reviewed by staff.
140636 - Hart/Welper
that the above oral comments be received and placed on file. Voice vote -Ayes:
Six. Motion carried.
ADJOURNMENT
140637 - Hart/Welper
that the Council adjourn at 5:55 p.m. Voice vote -Ayes: Six. Motion carried.
Suzy Sc ares
City Clerk