HomeMy WebLinkAboutMinutes-10/21/2013October 21, 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, October 21, 2013. Mayor Ernest G.
Clark in the Chair. Roll Call: Cole, Jones, Greenwood, Schmitt, Welper, Hart. Absent:
Getty.
Moment of Silence.
Pledge of Allegiance: Michelle Weidner, Chief Financial Officer.
141698 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, October 14,
2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion
carried.
141699 - Mayor Clark performed a swearing in of the following Police Officers: William
Herkelman, Nicholas Weber and Caleb Christiansen.
Mayor Clark read a Proclamation declaring October 20-26, 2013 as "Character
Counts Week".
CONSENT AGENDA
141700 - 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
October 21, 2013, in the amount of $3,995,587.66, a copy of which is on
file in the City Clerk's office, together with recommendation of approval
of the Finance Committee.
2. Resolution approving Request of Mark and Martha Clark for tax exemptions
on improvements totaling $350,000.00 for property located at 3836 Trent
Lane and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2013-840.
3. Resolution approving Request of Sherman Wise for tax exemptions on
improvements totaling $133,000.00 for property located at 919 West Parker
Street and located in the Consolidated Urban Revitalization Area (CURA).
Resolution adopted and upon approval by Mayor assigned No. 2013-841.
4. Resolution approving Request of Brent Williams for a concrete driveway to
be located at 1521 and 1523 Black Hawk Road, together with recommendation
of approval of City Engineer.
Resolution adopted and upon approval by Mayor assigned No. 2013-842.
b. Motion to approve the following:
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date (s)
Amount
not to
exceed
Dan Youngblood,
Chief Combination
Inspector
2013 IAEI Iowa
Chapter Fall
Educational &
Business Meeting
Altoona, IA
10-17-13
to 10-18-
13
$140.00
2. Mayor Clark's recommendation of the following appointments:
Appointee
Board/Commission
Expiration Date
New or Re -
Appointment
Sue Schauls
International Property
Maintenance Code Board
of Appeals
October 31, 2016
Re -Appointment
Bernard Stroh
International Property
Maintenance Code Board
of Appeals
October 31, 2016
Re -Appointment
October 21, 2013
3.
4.
5.
6.
7.
8.
9.
Page 2
RudyJones
Metropolitan Transit
Authority Board
June
30,
2015
New Appointment
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Casey's Pub & Eatery
1125 W. Donald
Street
C Liquor,
Outdoor Service
Renewal
7-31-14
X
Cadillac Lanes
650 LaPorte Road
C Liquor,
Outdoor Service
Renewal
7-22-14
X
Fraternal Order Of
Eagles, Waterloo
Aerie #764
A Liquor,
Outdoor Service
Renewal
6-30-14
X
Hy -Vee C -Store #4
3700 University
Avenue
C Beer
New
11-1-14
X
Hy -Vee #1 Clubroom
2834 Ansborough
Avenue
Special C Liquor
(Beer/Wine)
New
10-17-14
X
LongHorn Steakhouse
#5374
1425 E. San Marnan
Drive
C Liquor
Renewal
8-31-14
X
Neighborhood Mart
2100 Lafayette
Street
E Liquor, B
Wine, C Beer
Renewal
7-31-14
X
10. Bonds
Roll call vote -Ayes: Five. Motion carried.
Mr.
the
Jones abstained from the bills payment to himself for cleaning supplies in
amount of $186.44.
PUBLIC HEARINGS
141701 - Schmitt/Hart
that proof
Properties,
176' (1,818
Avenue, for
and parking
Ayes: Six.
of publication of notice of public hearing on the request by BCS
LLC of Waterloo, Iowa for the vacation of approximately 10.33' x
SF) of City -owned right-of-way located west of 1850 West Ridgeway
the purpose of constructing a new multi -tenant commercial building
lot on the property, be received and placed on file. Voice vote -
Motion carried.
This being the time and place of public hearing, the
and oral comments and there were none.
141702 - Schmitt/Hart
Mayor called for written
that the hearing be closed and receive and file oral and written comments and
recommendation of approval of Planning, Programming and Zoning Commission.
Voice vote -Ayes: Six. Motion carried.
Mr. Jones asked to take special care of water detention in the area.
141703 - Schmitt/Hart
to receive, file, consider and pass for the first time an Ordinance vacating
approximately 10.33' x 176' (1,818 SF) of City -owned right-of-way located west
of 1850 West Ridgeway Avenue. Roll Call vote -Ayes: Six. Motion carried.
141704 - Schmitt/Hart
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll Call vote -Ayes: Six. Motion carried.
141705 - Schmitt/Hart
that "Ordinance vacating approximately 10.33' x 176' (1,818 SF) of City -owned
right-of-way located west of 1850 West Ridgeway Avenue" be considered and passed
for the second and third times and the ordinance be adopted. Roll call vote -
Ayes: Six.
Ordinance adopted and upon approval by Mayor assigned No. 5182.
October 21, 2013 Page 3
141706 - Hart/Welper
that proof of publication of notice of public hearing on the Real Estate
Purchase Agreement with Buckets, Inc. of Waterloo, Iowa for the sale of City -
owned land identified as parcel no. 8912-32-102-002 located at 3215 Lafayette
Street in the amount of $1.00, plus up to $2,000.00 in closing costs, in
connection with Amendment to Development Agreement, be received and placed on
file. Voice vote -Ayes: Six. Motion carried.
141707 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
141708 - Hart/Welper
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
141709 - Hart/Welper
that "Resolution confirming approval of said Real Estate Purchase Agreement; and
authorize Mayor and City Clerk to execute said document", be adopted. Roll call
vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-843.
141710 - Welper/Schmitt
that proof of publication of notice of public hearing on the Exchange Agreement
and Assignment of Offer to Buy Real Estate and Acceptance with L & H Farms, Ltd.
of Waterloo, Iowa for the acquisition of property in Black Hawk County for
exchange of property in the San Marnan TIF District, in the amount of
$461,290.00 for 10.156 acres of land in November 2013 and $395,846.00 for 8.175
acres of land in March 2014, plus up to $10,000.00 in closing costs, and an
Option Exchange Agreement, be received and placed on file. Voice vote -Ayes: Six.
Motion carried.
141711 - This being the time and place of public hearing, the Mayor called for written
and oral comments and those presented are on file in the Clerk's Office.
141712- Welper/Schmitt
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Six. Motion carried.
141713 - Welper/Schmitt
that "Resolution confirming approval of said Exchange Agreement and Assignment
of Offer to Buy Real Estate and Acceptance; and authorize Mayor and City Clerk
to execute said document", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-844.
Forest Dillavou, 1725 Huntington Rd, spoke in opposition to this exchange. Noel
Anderson, Director of Planning & Zoning, explained that the funds used to
purchase this property are coming from the TIF District. The goal will be to
attract large companies. The commitment was also explained.
141714 - Hart/Welper
that proof of publication of notice of public hearing on the Request by BCS
Properties, LLC of Waterloo, Iowa to rezone 1.31 acres of land from "R -2,C -Z"
Conditional Zoning District to "C-2" Commercial District, located at 1850 West
Ridgeway Avenue, for the purpose of constructing a new multi -use commercial
building, be received and placed on file. Voice vote -Ayes: Six. Motion carried.
141715 - This being the time and place of public hearing, the Mayor called for written
and oral comments and there were none.
141716 - Hart/Welper
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
141717 - Hart/Welper
to receive, file, consider and pass for the first time 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, Rezoning Certain Property
in conjunction with request by BCS Properties, LLC of Waterloo, Iowa to rezone
1.31 acres of land from "R -2,C -Z" Conditional Zoning District to "C-2"
Commercial District, located at 1850 West Ridgeway Avenue, for the purpose of
October 21, 2013 Page 4
constructing a new multi -use commercial building. Roll Call vote -Ayes: Six.
Motion carried.
141718 - Hart/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Voice vote -Ayes: Six. Motion carried.
141719 - Hart/Welper
that "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,
Rezoning Certain Property in conjunction with request by BCS Properties, LLC of
Waterloo, Iowa to rezone 1.31 acres of land from "R -2,C -Z" Conditional Zoning
District to "C-2" Commercial District, located at 1850 West Ridgeway Avenue, for
the purpose of constructing a new multi -use commercial building." Be considered
and passed for the second and third times and the ordinance be adopted. Roll
call vote -Ayes: Six.
Ordinance adopted and upon approval by Mayor assigned No. 5183.
141720 - Hart/Welper
Number used inadvertently.
141721 - Greenwood/Schmitt
that proof of publication of notice of public hearing on the Adoption of the
2014-2018 Capital Improvements Program for the City of Waterloo, be received and
placed on file. Voice vote -Ayes: Six. Motion carried.
141722 - This being the time and place of public hearing, the Mayor called for written
and oral comments and there were none.
141723 - Greenwood/Schmitt
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
141724 - Greenwood/Schmitt
that "Resolution confirming approval of adoption of the 2014-2018 Capital
Improvements Program for the City of Waterloo" be adopted. Roll call vote -Ayes:
Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-846.
RESOLUTIONS
141725 - Schmitt/Welper
that "Resolution approving Department of Justice Crime Victim Assistance
Division for a Federal Violence Against Women Contract in the amount of
$36,180.00, with a required local match of $12,060.00, to apply towards funding
of the Domestic Abuse Response Team (DART)", be adopted. Roll call vote -Ayes:
Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-847.
141726 - Schmitt/Welper
that "Resolution approving Automobile Lease Agreement with C & S Car Company
Hyundai Mazda Subaru of Waterloo, Iowa for the Police Department's Life Skills
Program, at no cost to the City, for the period October 28, 2013 to April 28,
2014; and authorize Mayor and City Clerk to execute said document", be adopted.
Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-848.
141727 - Schmitt/Welper
that "Resolution approving Contract Modification No. 1, in the amount of
$3,500.00, for work performed by KWS, Inc. of Cedar Falls, Iowa, in conjunction
with the Fiber Optic Connection: City Network to SportsPlex Building; and
authorize Mayor to execute said document", be adopted. Roll call vote -Ayes:
Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-849.
October 21, 2013 Page 5
141728 - Schmitt/Welper
that "Resolution approving Professional Services Agreement with Transcore ITS,
LLC of Ankeny, Iowa, in the amount of $29,949.92, to conduct a system audit of
the City's wireless communications and camera network; and authorize Mayor to
execute said document", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-850.
Mr. Greenwood questioned what this was for. Sandie Greco, Director of Traffic
Operations, stated that this was for the intersection monitoring cameras and
wireless communication system that was not working properly. This contract will
allow the system to be looked at to find a solution.
141729 - Hart/Greenwood
that "Motion approving Change Order No. 2 for a net decrease of $23,748.50 for
work performed by Vieth Construction Corporation of Cedar Falls, Iowa for the
F.Y. 2012 Secor Railroad Spur, Contract No. 794; and authorize Mayor and City
Clerk to execute said document", be adopted. Roll call vote -Ayes: Six.
141730 - Hart/Greenwood
that "Motion approving Change Order No. 1 for a net decrease of $3,542.77 for
work performed by Benton's Sand and Gravel, Inc. of Cedar Falls, Iowa for the
F.Y. 2012 Geraldine Road Extension, Contract No. 821; and authorize Mayor and
City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six.
141731 - Hart/Greenwood
that "Motion approving Change Order No. 2 for a net increase of $2,630.88 for
work performed by Matthias Landscaping of Waterloo, Iowa for the Gates Park Golf
Course - Virden Creek Erosion Project; and authorize Mayor and City Clerk to
execute said document", be adopted. Roll call vote -Ayes: Six.
141732 - Welper/Hart
that "Resolution approving Completion of Project and Recommendation of
Acceptance of Work performed by Matthias Landscaping of Waterloo, Iowa, at a
total cost of $55,846.15, for the Gates Park Golf Course - Virden Creek Erosion
Project", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-854.
141733 - Welper/Hart
that "Resolution approving recommendation of award of bid to Cedar Rapids Truck
Center of Cedar Rapids, Iowa, in the amount of $224,460.00, for the Purchase of
One (1) 2014 Automated Side -Load Garbage Truck", be adopted. Roll call vote -
Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-855.
141734 - Welper/Hart
that "Resolution approving Enterprise Zone Certification with Iowa Department of
Economic Development for the expansion of the Enterprise Zone to include
property bounded by Ravenwood Road and Ravenwood Circle in Hammond Hills Sixth
Addition", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-856.
141735 - Greenwood/Schmitt
that "Resolution approving Contract Agreement with Visual Logic, in the amount
of $16,635.00, for the upgrading and reformatting of the Brownfield Assessment
Grant website; and authorize Mayor and City Clerk to execute said document", be
adopted. Roll call vote -Ayes: Six.
141736 - Greenwood/Schmitt
To amend the contract amount to $25,560, for the upgrading and reformatting of
the Brownfield Assessment Grant website; and authorize Mayor and City Clerk to
execute said document. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-857.
October 21, 2013 Page 6
141737 - Greenwood/Schmitt
that "Resolution approving Housing Enterprise Zone Agreement #13-HEZ-096 for
Park Avenue Lots, LLC for the development of 11 multi -family units at the
Masonic Temple building within the Enterprise Zone; and authorize Mayor and City
Clerk to execute said document", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-858.
141738 - Greenwood/Schmitt
that "Resolution approving Development Agreement with Court Square Building Co.
of Waterloo, Iowa for the redevelopment of 620 Lafayette Street (Beecher Law
Firm) for the expansion near the Main Street parking lot infill, creating a new
minimum value for the building of $430,420.00, and tax rebates for 5 years at
100 percent; and authorize Mayor and City Clerk to execute said document", be
adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-859.
141739 - Schmitt/Welper
that "Resolution approving Development Agreement with R & S Commercial LLC of
Waterloo, Iowa for the development of a new 5,200 square foot warehouse and
office in the Rath area, valued at $240,000.00, with City acquisitions of 1027
and 1025 Sycamore iStreet at $169,000.00, with closing costs up to $10,000.00;
and authorize Mayor and City Clerk to execute said document", be adopted. Roll
call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-860.
141740 - Schmitt/Welper
that "Resolution setting date of hearing as November 4, 2013 to approve request
by Lockard Realty of Cedar Falls, Iowa to rezone approximately 1 acre of land
located at 114 Monroe Street from "R-2" One and Two Family Residence District to
"R-2, C -Z" Conditional Zoning District, for the purpose of legally re-
establishing an existing truck repair shop; and instruct City Clerk to publish
notice", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-861.
ORDINANCES
141741 - Hart/Greenwood
that "an Ordinance amending the 2008 Traffic Code by adding Subsection (2) San
Marnan Drive to Section 541A, Decreasing Speed Limits in Certain Areas in
conjunction with Decreasing Speed Limit to 35 MPH - San Marnan Drive from W.
Fourth Street to Ansborough Avenue", be received, placed on file, considered and
passed for the first time. Roll call vote -Ayes: Six. Motion carried.
141742 - Hart/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.
141743 - Hart/Greenwood
that "an Ordinance amending the 2008 Traffic Code by adding Subsection (2) San
Marnan Drive to Section 541A, Decreasing Speed Limits in Certain Areas in
conjunction with Decreasing Speed Limit to 35 MPH - San Marnan Drive from W.
Fourth Street to Ansborough Avenue", 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. 5184.
OTHER COUNCIL BUSINESS
141744 - Greenwood/Schmitt
Number used inadvertently.
141745 - Greenwood/Schmitt
to instruct Public Works Director to prepare specifications, bid document, etc.,
be approved. Voice vote -Ayes: Six. Motion carried.
October 21, 2013 Page 7
141746 - Greenwood/Schmitt
to receive and file specifications, bid document, etc. in conjunction with the
Rental of Three (3) Motor Graders to Support Snow Operations, be received and
placed on file. Voice vote -Ayes: Six. Motion carried.
141747 - Greenwood/Schmitt
that "Resolution preliminarily approving specifications, bid document, etc. in
conjunction with the Rental of Three (3) Motor Graders to Support Snow
Operations", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-862.
141748 - Greenwood/Schmitt
that "Resolution setting date of hearing and bid opening as November 12, 2013;
and instruct City Clerk to publish notice of specifications, bid document, etc.
and taking of bids", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-863.
141749 - Greenwood/Schmitt
to receive and file communication from Iowa Department of Transportation
transmitting notification of letting of a Portland Cement Concrete patching
project on I-380 from I-80 north to U.S. 218 in Waterloo on March 18, 2014, be
received and placed on file. Voice vote -Ayes: Six. Motion carried.
ORAL PRESENTATIONS
Don Page, 3316 Parkridge Rd, spoke in support of Mayor Clark and his
administration.
Aaron Buzza, 335 Derbyshire Rd, thanked the Building Team, Traffic Operations,
Leisure Services, Safety Services, David Jones, and Days Inn & Suites on behalf
of the Convention Center and Visitors Bureau.
Jim Chapman, 224 Bertch, expressed concern with lack of movement on properties
that have been turned in on Parkview Blvd.
Forest Dillavou, 1725 Huntington Rd, spoke of working smarter not harder
complimented Leisure Services
Mayor Clark stated that Waterloo is progressing.
Mr. Schmitt acknowledged the Waterloo/Cedar Falls Board of Realtors for donating
$5,000 to the Police Reserves.
Mayor Clark reminded citizens to report any street lights out.
Mayor Clark stated that the dam is going down starting October 29th
141750 - Welper/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes:
Four. Motion carried. Mr. Hart and Ms. Cole left at 6:08 p.m. for other
commitments.
ADJOURNMENT
141751 - Welper/Schmitt
that the council adjourn at 6:20 p.m. Roll call vote -Ayes: Four. Motion
carried.
Suzy Scares
City Cl rk