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HomeMy WebLinkAboutMinutes-06/03/2013June 3, 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, June 3, 2013. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Kent Shankle, Director of Cultural & Arts Commission. 141032 - Hart/Schmitt that the Agenda, as amended adding item #13a to open a bid inadvertently missed, adding an executive session regarding negotiations, and removing a proclamation, for the Regular Session on Monday, June 3, 2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 141033 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, May 28, 2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 141034 - Hart/Greenwood 1. 2. 3. 4. 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. 1-26, dated June 3, 2013, in the amount of $2,603,851.30, 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. 2013-453. b. Motion to approve the following: Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to exceed Abraham L. Funchess, Jr. National Fair Housing Training Academy Washington, D.C. August 4- 10, 2013 $2,950.00 Tom Siglin, Lieutenant; Scott Ernst, Firefighter Confined Space Rescue Iowa City, Iowa September 16-20, 2013 $3,175.44 Officer Erie Arresting Communication Cedar Rapids, Iowa June 20- 21, 2013 $209.00 Officer Stratton Reserve Recruitment & Fundraising Course West Des Moines, Iowa June 4-6, 2013 $779.00 5. Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Dharmendra Patel Waterloo Convention & Visitors Bureau June 30, 2016 New Appointment Warren Wortham Library Board of Trustees June 30, 2016 New Appointment June 3, 2013 Page 2 Class C Liquor License Permit Application 6. Maple Lanes, 2608 University Avenue (Renewal) (Expires 2/28/2014) (Includes Sunday Sales) 7. Edo's Sports Bar, 110 E. llth Street (Renewal) (Expires 5/7/2014) (Includes Sunday Sales) 8. Babes Tape, 210 Division Street (Renewal) (Expires 3/14/2014) (Includes Sunday Sales) Class E Liquor, Class B Wine, Class C Beer License Permit Application 9. Prime Mart #3, 1008 LaPorte Road (New) (Expires 4/1/14) (Includes Sunday Sales) Fireworks Display Application 10. Bamboo Ridge Campgrounds, 4550 Hess Road (June 14, 2013) 11. Bonds Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt abstained from the bills payment to Schmitt Telecom. Mayor Clark recognized the new board members. PUBLIC HEARINGS 141035 - Schmitt/Hart To reopen the hearing regarding the creation of the Crossroads Waterloo Urban Renewal and Redevelopment Plan and Tax Increment Financing (TIF) District. Voice vote -Ayes: Seven. Motion carried. 141036 - This being the time and place of public hearing, the Mayor called for written and oral objections. Eric Johnson, Attorney, spoke in support of the TIF District. Mr. Schmitt questioned what new development has happened in that that area. Noel Anderson, Community Planning and Development Director, noted that there have been a few such as the Country Kitchen site and Bonanza. Mr. Schmitt reiterated that the City has the option to release excess funds from the TIF District to the City. Noel Anderson, Community Planning and Development Director, agreed and also stated that the City could end the TIF if it was no longer needed. Michelle Weidner, Chief Financial Officer, reported that funds have been released from the Northeast Site TIF District. Mr. Welper spoke in support of the TIF District. Mr. Greenwood questioned the timeline and the amount the financial portion. Noel Anderson, Community Planning and Development Director, reported a 20 year timeline and explains how the financial portion works. Michelle Weidner, Chief Financial Officer, explained that 50% is not necessarily the amount used. Forest Dillavou, 1725 Huntington Rd., questioned if the City will be using the original assessed tax base or the adjusted tax base. Getty/Hart that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141037 - Schmitt/Hart that "Resolution finding that the proposed urban renewal area is an economic development area, that the area is appropriate for one or more urban renewal projects, that a feasible method exists for the location of families who will be displaced from the area into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families, and that the urban renewal plan conforms to the general plan of the city as a whole", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-454. s June 3, 2013 Page 3 141038 - Schmitt/Hart that "Resolution approving the Creation of the Crossroads Waterloo Urban Renewal and Redevelopment Plan and Tax Increment Financing (TIF) District", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-455. 141039 - Hart/Schmitt that proof of publication of notice of public hearing on Sidewalk Inspection and Repair Program - Zone 3, as published in the Waterloo Courier on May 24, 2013, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141040 - This being the time and place of public hearing, the Mayor called for written and oral objections. Eric Merchant, 1540 Oriole Ave., spoke against the sidewalk repair program and asked for a 10 year extension. Bonnie Sue Williams Joy, 730 Knoll Ave, asked for an extension of time to make necessary repairs. Mayor Clark instructed them to talk with the Engineering staff. Hart/Welper that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141041 - Hart/Welper that "Resolution authorizing proposed repairs to sidewalk", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-456. 141042 - Hart/Welper that "Resolution adopting Proposed Resolution of Necessity, as proposed or amended", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-457. 141043 - Welper/Hart that proof of publication of notice of public hearing on Rehabilitation of Taxiway "B" at Waterloo Regional Airport, as published in the Waterloo Courier on May 30, 2013, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141044 - 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. 141045 - Welper/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-458. 141046 - Welper/Hart that "Resolution ordering construction", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-459. June 3, 2013 Page 4 141047 - Welper/Hart to receive and file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review: Bidder Bid Security Bid Amount Allied Manatts Group LLC Charles City, IA 5% $665,654.15 Cedar Valley Corp. LLC Waterloo, IA 5° $584,937.40 K. Cunningham Construction Co. Inc. Cedar Falls, IA 5% $599,364.15 141048 - Hart/Greenwood that proof of publication of notice of public hearing on request by Family Video Movie Club, Inc. to rezone 1.24 acres located 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, as published in the Waterloo Courier on May 30, 2013, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141049 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Greenwood that the hearing be closed and file recommendation of approval of Planning, Programming and Zoning Commission. Voice vote -Ayes: Seven. Motion carried. 141050 - Hart/Greenwood that "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 the request by Family Video Movie Club, Inc. to rezone 1.24 acres located 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", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried 141051 - Hart/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 141052 - Hart/Greenwood that "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 the request by Family Video Movie Club, Inc. to rezone 1.24 acres located 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", 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. 5161. 141053 - Greenwood/Schmitt that proof of publication of notice of public hearing on Development Agreement with Wendell Gaines to sell City -owned property located at 532 Sumner Street for $1.00, plus costs, for rehabilitation of the residential property, as published in the Waterloo Courier on May 30, 2013, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. June 3, 2013 Page 5 141054 - 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 oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141055 - Greenwood/Schmitt that "Resolution authorizing said sale", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-460. 141056 - Greenwood/Schmitt that "Resolution approving said development agreement;", be adopted and authorize Mayor and City Clerk to execute said document. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-461. RESOLUTIONS 141057 - Schmitt/Welper that "Resolution approving award of hotel/motel discretionary funding to the following entities: Aspire Therapeutic Riding in the amount of $6,500.00 and Waterloo Police Department - event overtime in the amount of $25,000.00", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-462. 141058 - Schmitt/Welper to approve Change Order No. 2 for a net increase of $2,530.00 for work performed by Story Construction of Ames, Iowa for the Disinfection Facilities, Contract No. 817, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 141059 - Schmitt/Welper that "Resolution approving Total Acquisition Contract with Dennis Patterson for parcel numbers 8913-16-451-031, 8913-16-451-032, and 8913-16-451-033, Lots 28-30 of Burds Subdivision in Sherwood Park in the amount of $73,000.00 plus up to $600.00 in closing expenses in conjunction with the Sherwood Park Recreation Area and Hartman Reserve Nature Center Additions Project", be adopted; and authorize Mayor and City Clerk to execute said document. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-463. 141060 - Cole/Welper that "Resolution approving recommendation of award of bid to Soft Play, L.L.C. of Huntersville, North Carolina in the amount of $50,643.00 for the Purchase of Cedar Valley SportsPlex Indoor Play Equipment", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-464. 141061 - Cole/Welper that "Resolution approving recommendation of award of contract to NetWorks Inc. of Windsor Heights, Iowa in the amount of $52,135.00 for the Purchase of Edge Network Switches for the City Phone System Replacement Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-465. 141062 - Cole/Welper that "Resolution approving recommendation of award of contract to KW Electric Inc. of Cedar Falls, Iowa in the amount of $48,280.00 for the Network Cabling Project for the City Phone System Replacement Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-466. June 3, 2013 Page 6 141063 - Hart/Welper that "Resolution approving Memorandum of Agreement with Waterloo Community School District in the amount of $86,000.00 to provide technology leadership, network services and supplemental technology support services to the City", be adopted; and authorize Mayor and City Clerk to execute said document. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-467. 141064 - Hart/Welper that "Resolution approving recommendation of award of contract to Lehman Trucking and Excavating Inc. of Waterloo, Iowa in the amount of $6,100.00, and approving the Contract, Bonds and Certificates of Insurance in conjunction with Demolition Services for 209 Jefferson Street", be adopted and authorize Mayor and City Clerk to execute said documents. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-468. ORDINANCES 141065 - Cole/Hart that "an Ordinance amending the Chapter 7 Rental Inspection Program", be received, placed on file, considered and passed for the first time. 141066 - Cole/Welper to table the ordinance amending the Chapter 7 Rental Inspection program. Roll call vote -Ayes: Seven. Motion carried. OTHER COUNCIL BUSINESS 141067 - Hart/Welper to instruct Director of Safety Services to prepare specifications, bid documents, etc. in in conjunction with Purchase of Uniform and Equipment for Waterloo Police Department, be approved. Voice vote -Ayes: Seven. Motion carried. 141068 - Hart/Welper that specifications, bid documents, etc. in conjunction with Purchase of Uniform and Equipment for Waterloo Police Department, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141069 - Hart/Welper that "Resolution preliminarily approving specifications, bid documents, etc in conjunction with Purchase of Uniform and Equipment for Waterloo Police Department", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-469. 141070 - Hart/Welper that "Resolution setting date of hearing and bid opening as June 17, 2013; and instruct City Clerk to publish notice of specifications, bid documents, etc. in conjunction with Purchase of Uniform and Equipment for Waterloo Police Department", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-470. ORAL PRESENTATIONS Jim Chapman, 224 Bertch Ave., asked if any citations had been written since the nuisance ordinance was passes. Dan Trelka, Director of Safety Services, reported that two property owners have received notice. Jerry Schatzer, 1929 W. 7th St., noted there will be population growth in Waterloo due to individuals leaving the coasts. He complimented staff for handling the flood. June 3, 2013 Page 7 John Sherbon, 1715 Robin Road, complimented staff for their response to the flood. He questioned why sump pumps are not mandatory for new homes. He suggested changing the timing on the traffic lights on Ansborough to assist with the traffic backups. Forest Dillavou, 1725 Huntington Road, questioned how licensing multiple owners will work with the rental inspection program. Cheryl Christianson questioned where the debris from the demotion projects is being taken. She questioned how the casino has lowered taxes and complained about the noise coming from the S. Hackett Road lift station. Mr. Greenwood noted that he is for economic development but believes the TIF program needs examined and shouldn't be used for retail. 141071 - Hart/Cole that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141072 - Hart/Cole that the council adjourn to Executive Session at 6:05 p.m. Roll call vote -Ayes: Seven. Motion carried. City Attorney Jim Walsh stated that discussion of contract negotiations is an approved topic of Executive Session pursuant to Iowa Code Section 20.17(3)(2013). EXECUTIVE SESSION 141073 - Hart/Schmitt that the council adjourn Executive Session at 6:15 p.m. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 141074 - Hart/Schmitt that the Council adjourn at 6:15 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy Scha es City Cler