HomeMy WebLinkAboutMinutes-05/20/2013May 20, 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, May 20, 2013. Mayor Ernest G. Clark
in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Dennis Clark, General Manager Waterloo Water Works.
140930 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, May 20, 2013,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
140931 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, May 13, 2013,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
Recognition of Randy Hammitt for 30 years of service.
Mayor Clark read a Proclamation declaring May 2013 as "National Wrestling
Month".
Mayor Clark read a Proclamation declaring May 19-25, 2013 as "National Public
Works Week".
Mayor Clark read a Proclamation declaring Saturday, May 25, 2013 as "Fourth
Street Cruise Day".
CONSENT AGENDA
140932 - Hart/Schmitt
1.
2.
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, 1-40,
dated May 20, 2013, in the amount of $14,250,763.97, 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. 2013-396.
2. Request of Regina Coffer for a variance to the Noise Ordinance on June 8,
2013 from 3:00 p.m. to 8:00 p.m. in conjunction with a birthday event to
be held at Byrnes 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. 2013-397.
3. Acceptance of Acknowledgment/Settlement Agreement in the amount of
$1,500.00 with Kwik Stop #3 of 1104 Washington 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. 2013-398.
b. Motion to approve the following:
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Jason Hernandez,
Medical Officer;
Bill Beck, Fire
Lieutenant
Attend ACLS EP
Course for ACLS
Instructors Class
Cedar
Rapids, IA
June 8,
2013
$291.63
Brian Rath,
Treatment
Operation
Supervisor
Iowa Water
Environment 95th
Annual Conference
Dubuque, IA
June 5-
6, 2013
$255.00
May 20, 2013
Page 2
Class C Beer License Permit Application
3. Casey's General Store #2880, 1604 LaPorte Road (Renewal) (Expires
4/18/2014) (Includes Sunday Sales)
4. Hy -Vee Food Store #2, 2181 Logan Avenue (Renewal) (Expires 3/23/2014)
(Includes Sunday Sales)
5. Hy -Vee Gas #2, 2221 Logan Avenue (Renewal) (Expires 1/2/2014) (Includes
Sunday Sales)
6. Crossroads BP, 2035 East Mitchell Avenue (Renewal) (Expires 9/30/2013)
(Includes Sunday Sales)
7. Casey's General Store #2879, 3260 University Avenue (Renewal) (Expires
4/18/2014) (Includes Sunday Sales)
8. Hy -Vee Food & Drugstore #3, 1422 Flammang Drive (Renewal) (Expires
2/8/2014) (Includes Sunday Sales)
9. Hy -Vee Food Store & Drugstore #4, 4000 University Avenue (Renewal)
(Expires 3/15/2014) (Includes Sunday Sales)
Class C Liquor License Permit Application
10.Five Sullivan Brothers Convention Center, 200 West 4th Street (Renewal)
(Expires 4/30/2013) (Includes Sunday Sales)
11.The Winning Edge, 341 Fletcher Avenue (Renewal) (Expires 12/2/2013)
(Includes Sunday Sales)
Class E Liquor License Permit Application
12.Hy-Vee Food Store #2, 2181 Logan Avenue (Renewal) (Expires 3/23/2014)
(Includes Sunday Sales)
13.11y -Vee Food & Drugstore #3, 1422 Flammang Drive (Renewal) (Expires
2/8/2014) (Includes Sunday Sales)
14.Hy-Vee Food Store & Drugstore #4, 4000 University Avenue (Renewal)
(Expires 3/15/2014) (Includes Sunday Sales)
Special Class C Beer/Wine License Permit Application
15.Holiday Inn Express, 2127 LaPorte Road (Renewal) (Expires 9/30/2013)
Class B Wine License Permit Application
16.Hy-Vee Food Store #2, 2181 Logan Avenue (Renewal) (Expires 3/23/2014)
(Includes Sunday Sales)
17.Five Sullivan Brothers Convention Center, 200 West 4th Street (Renewal)
(Expires 4/30/2013) (Includes Sunday Sales)
18.Hy-Vee Food & Drugstore #3, 1422 Flammang Drive (Renewal) (Expires
2/8/2014) (Includes Sunday Sales)
19.Hy-Vee Food Store & Drugstore #4, 4000 University Avenue (Renewal)
(Expires 3/15/2014) (Includes Sunday Sales)
Class B Native Wine License Permit Application
20.Casey's General Store #2880, 1604 LaPorte Road (Renewal) (Expires
4/18/2014) (Includes Sunday Sales)
21.Casey's General Store #2879, 3260 University Avenue (Renewal) (Expires
4/18/2014) (Includes Sunday Sales)
Fireworks Display Application
22.Waterloo Bucks, 850 Park Road (May 29, June 15, June 22, July 4, July 13,
July 27, August 3, August 10)
23.Bonds
Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt abstained from the
bills payment to Schmitt Telecom in the amount of $223.50.
PUBLIC HEARINGS
140933 - Schmitt/Welper
that proof of publication of notice of public hearing on Creation of the
Crossroads Waterloo Urban Renewal and Redevelopment Plan and Tax Increment
Financing (TIF) District, as published in the Waterloo Courier on May 16, 2013,
be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
140934 - Schmitt/Welper
to continue the hearing until June 3, 2013, be approved. Voice vote -Ayes:
Seven. Motion carried.
140935 - Getty/Hart
that proof of publication of notice of public hearing on Amendment to the Rath
Area Urban Development Plan for SJ Construction to construct a new commercial
building with a minimum assessment of $240,000.00 onto land purchased from the
City, as published in the Waterloo Courier on May 16, 2013, be received and
placed on file. Voice vote -Ayes: Seven. Motion carried.
May 20, 2013
Page 3
140936 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Getty/Hart
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
140937 - Getty/Hart
that "Resolution approving said amendment; and authorize Mayor and City Clerk to
execute said document in conjunction with Amendment to the Rath Area Urban
Development Plan for SJ Construction to construct a new commercial building with
a minimum assessment of $240,000.00 onto land purchased from the City", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-399.
140938 - Hart/Welper
that proof of publication of notice of public hearing on Amendment to the Martin
Road Area Urban Development Plan for Avita Development LLC to construct a new
commercial building with a minimum assessment of $750,000.00 onto land purchased
from the City, as published in the Waterloo Courier on May 16, 2013, be received
and placed on file. Voice vote -Ayes: Seven. Motion carried.
140939 - 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: Seven. Motion carried.
140940 - Hart/Welper
that "Resolution approving said amendment; and authorize Mayor and City Clerk to
execute said document in conjunction with Amendment to the Martin Road Area
Urban Development Plan for Avita Development LLC to construct a new commercial
building with a minimum assessment of $750,000.00 onto land purchased from the
City", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-400.
140941 - Welper/Hart
that proof of publication of notice of public hearing on Amendment to the Logan
Area Urban Development Plan for N & S Property, LLC to construct a pew
commercial building with a minimum assessment of $700,000.00 onto land purchased
from the City, as published in the Waterloo Courier on May 16, 2013, be received
and placed on file. Voice vote -Ayes: Seven. Motion carried.
140942 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
One (1) written objection from David Deeds, 922 Mulberry Street, is on file in
the City Clerk's Office.
Welper/Hart
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
140943 - Welper/Hart
that "Resolution approving said amendment; and authorize Mayor and City Clerk to
execute said document in conjunction with Amendment to the Logan Area Urban
Development Plan for N & S Property, LLC to construct a new commercial building
with a minimum assessment of $700,000.00 onto land purchased from the City", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-401.
May 20, 2013
140944 - Schmitt/Welper
Page 4
that proof of publication of notice of public hearing on Amendment to the
Airport Area Urban Development Plan to modify the following: an existing
development agreement with Tournier Manufacturing, Inc. reducing the minimum
assessment from $1,000,000.00 to $400,000.00; and add a new project by Koelker
Properties, LLC to construct a new 10,400 square foot building with a minimum
assessment of $352,000.00, as published in the Waterloo Courier on May 16, 2013,
be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
140945 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Schmitt/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
140946 - Schmitt/Welper
that "Resolution approving said amendment; and authorize Mayor and City Clerk to
execute said document in conjunction with Amendment to the Airport Area Urban
Development Plan to modify the following: an existing development agreement with
Tournier Manufacturing, Inc. reducing the minimum assessment from $1,000,000.00
to $400,000.00; and add a new project by Koelker Properties, LLC to construct a
new 10,400 square foot building with a minimum assessment of $352,000.00", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-402.
140947 - Hart/Welper
that proof of publication of notice of public hearing on Development Agreement
with N & S Property, LLC for the City to acquire property from Hope Martin
Anderson and convey property located at 401-409 Franklin Street to N & S
Property, LLC, as published in the Waterloo Courier on May 16, 2013, be received
and placed on file. Voice vote -Ayes: Seven. Motion carried.
140948 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
One (1) written objection from David Deeds, 922 Mulberry Street, is on file in
the City Clerk's Office.
Hart/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
140949 - Hart/Welper
that "Resolution authorizing said sale and conveyance, and authorize City
Attorney to prepare and deliver deed accordingly in conjunction with Development
Agreement with N & S Property, LLC for the City to acquire property from Hope
Martin Anderson and convey property located at 401-409 Franklin Street to N & S
Property, LLC", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-403.
140950 - Hart/Welper
that "Resolution approving said development agreement; and authorize Mayor and
City Clerk to execute said document in conjunction with Development Agreement
with N & S Property, LLC for the City to acquire property from Hope Martin
Anderson and convey property located at 401-409 Franklin Street to N & S
Property, LLC", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-404.
RESOLUTIONS
140951 - Greenwood/Schmitt
that "Resolution approving contract with Matt Parrott/Storey Kenworthy Company
for General Office Supplies, Printer Cartridge/Toner Supplies & Paper Supplies;
and authorize Mayor and City Clerk to execute said document -Submitted by Suzy
Schares, City Clerk", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-405.
May 20, 2013 Page 5
140952 - Greenwood/Schmitt
that "Resolution approving agreement with MODUS Engineering of Waterloo for
engineering/design services in the amount of $32,400.00 in conjunction with the
Young Arena Humidity Control System; and authorize Mayor and City Clerk to
execute said document -Submitted by Chris Dolan, Young Arena Manager", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-406.
140953 - Schmitt/Hart
that "Resolution approving naming of the lake at Riverview Recreation Area as
Harold Getty Lake -Submitted by Paul Huting, Leisure Service Director", be
adopted. Roll call vote -Ayes: Six. Abstained: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2013-407.
140954 - Hart/Welper
that "Resolution approving contract with Paarlance Creative Writing of Cedar
Rapids, Iowa in the amount of $20,000.00 for a Traffic Safety Awareness Radio
Broadcast Campaign; and authorize Mayor and City Clerk 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. 2013-408.
140955 - Hart/Welper
that "Resolution approving variance to the requirements of the Subdivision
Ordinance in Section 5.1, Preliminary Plat Requirements, and Section 5.2, Final
Plat Requirements for Parcel "M" and "N" -Submitted by Aric Schroeder, City
Planner", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-409.
140956 - Hart/Welper
that "Resolution approving Preliminary and Final Plat of Parcel "M" and "N"
along with the staff report, aerial photo, preliminary and final plats, 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 assigned No. 2013-410.
140957 - Cole/Hart
that "Resolution approving variance to the requirements of the Subdivision
Ordinance in Section 5.1, Preliminary Plat Requirements, and Section 5.2, Final
Plat Requirements for 150-151 Periwinkle Way -Submitted by Aric Schroeder, City
Planner", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-411.
140958 - Cole/Hart
that "Resolution approving Preliminary and Final Plat of 150-151 Periwinkle Way
along with the staff report, aerial photo, preliminary and final plats, 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 assigned No. 2013-412.
140959 - Cole/Hart
that "Resolution approving Economic Development Assistance Contract 13 -TC -026
with Iowa Economic Development Authority and Hydrite Chemical Co. for the
Hydrite Chemical Company expansion project, with the City of Waterloo as the
local sponsoring community; and authorize Mayor to execute said document -
Submitted by Noel Anderson, Community Planning & Development Director", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-413.
May 20, 2013
140960 - Schmitt/Greenwood
Page 6
that "Resolution approving First Amendment to Development Agreement with
Tournier Manufacturing, Inc. for the building at 2710 Wagner Road, which will
reduce the Minimum Assessment Agreement from $1,000,000.00 to $400,000.00 and
eliminate the standard 5 years at 50% tax rebates; and authorize Mayor and City
Clerk to execute said 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. 2013-414.
140961 - Schmitt/Greenwood
that "Resolution approving Development Agreement with Koelker Properties LLC for
the construction of a 10,400 square foot industrial building on Lot 3 of the
South Port Addition (Geraldine Road) with a minimum value of $352,000.00 and tax
rebates for 6 years at 78% and a 7th year at 75%; and authorize Mayor and City
Clerk to execute said 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. 2013-415.
140962 - Schmitt/Greenwood
that "Resolution setting date of hearing as June 3, 2013 to approve request by
Family Video Movie Club, Inc. to rezone 1.24 acres at 3026-3032. Ansborough
Avenue from "C-1" Neighborhood Commercial District to "C -1,C -Z" Conditional
Zoning Neighborhood Commercial District for the purpose of establishing a pizza
restaurant on the property; and instruct City Clerk to publish notice -Submitted
by Aric Schroder, City Planner", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-416.
ORDINANCES
140963 - Welper/Greenwood
that "an Ordinance deleting the Crime Property, Title 5, Chapter 5 and replacing
with the Chronic Nuisance Properties, Title 5, Chapter 5; and adopt ordinance in
conjunction with Chronic Nuisance Properties Ordinance", 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. 5160.
Mark Pregler, 5312 Hammond Avenue, spoke in favor of the ordinance.
Rosemary Fraune, 204 Bertch Avenue, spoke in favor of the ordinance.
Wayne Johnson, 902 S. Evans Road, Evansdale, spoke in favor of the ordinance.
OTHER COUNCIL BUSINESS
140964 - Hart/Greenwood
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. in conjunction with Sidewalk Inspection and Repair Program - Zone 3, be
approved. Voice vote -Ayes: Seven. Motion carried.
140965 - Hart/Greenwood
that plans, specifications, form of contract, etc. in conjunction with Sidewalk
Inspection and Repair Program - Zone 3, be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
140966 - Hart/Greenwood
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with Sidewalk Inspection and Repair Program - Zone
3", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-417.
May 20, 2013
140967 - Hart/Greenwood
Page 7
that "Resolution setting date of hearing as June 3, 2013 to approve proposed
repairs in conjunction with the Sidewalk Inspection and Repair Program - Zone 3;
and approve request to send out notification to property owners of proposed
sidewalk repairs and estimate of costs -Submitted by W. Wayne Castle, PLS, EI,
Associate Engineer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-418.
140968 - Hart/Greenwood
to instruct Community Planning & Development Director to prepare plans,
specifications, form of contract, etc. in conjunction with Request for Proposal
for Demolition and Site Clearance Services (no regulated asbestos -containing
materials) for 209 Jefferson Street, be approved. Voice vote -Ayes: Seven.
Motion carried.
140969 - Hart/Greenwood
that plans, specifications, form of contract, etc. in conjunction with Request
for Proposal for Demolition and Site Clearance Services (no regulated asbestos -
containing materials) for 209 Jefferson Street, be received and placed on file.
Voice vote -Ayes: Seven. Motion carried.
140970 - Hart/Greenwood
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with Request for Proposal for Demolition and Site
Clearance Services (no regulated asbestos -containing materials) for 209
Jefferson Street", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-419.
140971 - Hart/Greenwood
that "Resolution setting date of hearing and bid opening as May 28, 2013; and
instruct City Clerk to publish notice of plans, specifications, form of
contract, etc. in conjunction with Request for Proposal for Demolition and Site
Clearance Services (no regulated asbestos -containing materials) for 209
Jefferson Street", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-420.
ORAL PRESENTATIONS
Ted Lederman, 1758 Pinehurst Lane, voiced concern about the high number of empty
retail spaces in the Crossroads Mall and the number of strip malls being built
outside of the Mall. Mr. Lederman stated strip mall stores pay cheaper leases
and have better parking available, but they are hurting the Mall.
Carol Gustafson, 209 Forest Avenue, wanted to thank everyone for all the work
done in getting the Nuisance Ordinance adopted.
140972 - Hart/Cole
that the above oral comments be received and placed on file. Voice vote -Ayes;
Seven. Motion carried.
ADJOURNMENT
140973 - Hart/Cole
that the Council adjourn at 6:25 p.m. Voice vote -Ayes: Seven. Motion carried.
Carol Failor
Deputy City Clerk