HomeMy WebLinkAboutMinutes-09/09/2013September 9, 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, September 9, 2013. Mayor Ernest G.
Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Ron Welper, Ward 5 Council Member.
141481 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, September 9,
2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
141482 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Tuesday, September 3,
2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
Mayor Clark recognized Ken Schaaf as the September 2013 Team Member of the
month.
CONSENT AGENDA
141483 - 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, dated
September 9, 2013, in the amount of $2,914,864.96, 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. 2013-735.
2. Request of Laroia Vanarsdale for tax exemptions on improvements totaling
$135,000.00 for property located at 939 W. Parker Street and located in
the Consolidated Urban Revitalization Area (CURA).
Resolution adopted and upon approval by Mayor assigned No. 2013-736.
3. Request of Iowa Heartland Habitat for Humanity for tax exemptions on
improvements totaling $80,000.00 for property located at 434 Florence and
located in the Consolidated Urban Revitalization Area (CURA).
Resolution adopted and upon approval by Mayor assigned No. 2013-737.
4. Request of ShanQuiesha Robinson for tax exemptions on improvements
totaling $133,000.00 for property located at 930 Newton Street and located
in the Consolidated Urban Revitalization Area (CURA).
Resolution adopted and upon approval by Mayor assigned No. 2013-738.
5. Request of Paul Yarrow for a concrete driveway to be located at 600 Hanna
Boulevard, together with recommendation of approval of City Engineer.
Resolution adopted and upon approval by Mayor assigned No. 2013-739.
6. Recommendation of appointment of Sonia Mayer to the position of Waterloo
Housing Authority Bookkeeper, effective September 16, 2013.
Resolution adopted and upon approval by Mayor assigned No. 2013-740.
b. Motion to approve the following:
1.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Steve Grimm, Rental
Housing Inspector
IAHO Fall
Conference
Hawkeye
Community
October
2-4, 2013
$300.00
September 9, 2013
2.
3.
4.
5.
6.
7.
Page 2
Fireworks Display Application
8. Columbus High School, 3231 W. 9th Street
9. Bonds
Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt abstained from the
bills payment to Schmitt Telecom in the amount of $2,914,864.96.
PUBLIC HEARINGS
141484 - Schmitt/Welper
that proof of publication of notice of public hearing on F.Y. 2014 Sidewalk
Repair Assessment Program - Zone 3, Contract No. 852, as published in the
Waterloo Courier on August 29, 2013 and September 5, 2013, be received and
placed on file. Voice vote -Ayes: Seven. Motion carried.
141485 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Dave Zbacke, 1314 Edgewood Dr., expressed concern with the sidewalk program
requirements.
Terry Larson, Kirby Sales and Service, explained that he had replaced his water
shut-off in the sidewalk but questioned why the square needs replaced.
Nisvet Bolic, 2129 Downing Ave., needs to replace three sections of sidewalk and
wanted to replace at the same time he replaces his driveway.
Mayor Clark recommended that they all speak to Engineering staff after the
meeting.
Schmitt/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
141486 - Schmitt/Welper
that "Resolution adopting Proposed Resolution of Necessity, as proposed or
amended in conjunction with F.Y. 2014 Sidewalk Repair Assessment Program - Zone
3, Contract No. 852", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-741.
141487 - Hart/Welper
that proof of publication of notice of public hearing on bid opening for F.Y.
2014 Sidewalk Repair Assessment Program - Zone 3, Contract No. 852, as published
in the Waterloo Courier on August 30, 2013, be received and placed on file.
Voice vote -Ayes: Seven. Motion carried.
Certification &
Recertification
College
Investigator Hesse
ICAC Ares Peer
to Peer
Investigations
` St. Louis,
Missouri
September
10-12,
2013
$150.00
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
El Senor Tequila
Nightclub
118-120 E. 11th
Street
C Liquor, Outdoor
Sales
Renewal
2/18/14
X
Las Margaritas
2822 University
Avenue
C Liquor, Outdoor
Sales
Renewal
6/30/14
X
Pizza Hut #4345
2825 Crossroads
Blvd.
B Beer
Renewal
7/8/14
X
Young Arena
125 Commercial
Street
Special Class C (BW)
Liquor
Renewal
9/6/14
X
Fraternal Order of
Eagles, Waterloo
Aerie #764
202 E. First Street
A Liquor, Extended
Outdoor Service
N/A
9/14/13
Only
Fireworks Display Application
8. Columbus High School, 3231 W. 9th Street
9. Bonds
Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt abstained from the
bills payment to Schmitt Telecom in the amount of $2,914,864.96.
PUBLIC HEARINGS
141484 - Schmitt/Welper
that proof of publication of notice of public hearing on F.Y. 2014 Sidewalk
Repair Assessment Program - Zone 3, Contract No. 852, as published in the
Waterloo Courier on August 29, 2013 and September 5, 2013, be received and
placed on file. Voice vote -Ayes: Seven. Motion carried.
141485 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Dave Zbacke, 1314 Edgewood Dr., expressed concern with the sidewalk program
requirements.
Terry Larson, Kirby Sales and Service, explained that he had replaced his water
shut-off in the sidewalk but questioned why the square needs replaced.
Nisvet Bolic, 2129 Downing Ave., needs to replace three sections of sidewalk and
wanted to replace at the same time he replaces his driveway.
Mayor Clark recommended that they all speak to Engineering staff after the
meeting.
Schmitt/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
141486 - Schmitt/Welper
that "Resolution adopting Proposed Resolution of Necessity, as proposed or
amended in conjunction with F.Y. 2014 Sidewalk Repair Assessment Program - Zone
3, Contract No. 852", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-741.
141487 - Hart/Welper
that proof of publication of notice of public hearing on bid opening for F.Y.
2014 Sidewalk Repair Assessment Program - Zone 3, Contract No. 852, as published
in the Waterloo Courier on August 30, 2013, be received and placed on file.
Voice vote -Ayes: Seven. Motion carried.
September 9, 2013 Page 3
141488 - 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. Voice vote -Ayes: Seven. Motion carried.
141489 - Hart/Welper
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with F.Y. 2014 Sidewalk Repair Assessment Program - Zone 3,
Contract No. 852", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-742.
141490 - Hart/Welper
that "Resolution ordering construction in conjunction with F.Y. 2014 Sidewalk
Repair Assessment Program - Zone 3, Contract No. 852", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-743.
141491 - Hart/Welper
to receive and file and instruct City Clerk to open and read bids and refer to
City Engineer for review in conjunction with F.Y. 2014 Sidewalk Repair
Assessment Program - Zone 3, Contract No. 852. Voice vote -Ayes: Seven. Motion
carried.
Bidder
Bid Security
Bid Amount
B&B Builders & Supply
Waterloo, Iowa
°
5°
$127,088.56
Boulder Contracting
LLC
Grundy Center, Iowa
5%
$133,064.05
Mike Dolan Concrete &
Masonry Inc.
Waterloo, Iowa
5%
$143,276.48
141492 - Welper/Hart
that proof of publication of notice of public hearing on bid opening for the
sale and conveyance of city -owned property generally located at 1640 Cherry
Hills Drive with a minimum bid of $5,000.00 and a Development Agreement, as
published in the Waterloo Courier on August 26, 2013, be received and placed on
file. Voice vote -Ayes: Seven. Motion carried.
141493 - 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.
141494 - Welper/Hart
to receive and file and instruct City Clerk to open and read bids and refer to
Community Planning and Development Director for review in conjunction with sale
and conveyance of city -owned property generally located at 1640 Cherry Hills
Drive with a minimum bid of $5,000.00 and a Development Agreement. Voice vote -
Ayes: Seven. Motion carried.
Bidder
Bid Security
Bid Amount
Engineering Studios
Inc.
Iowa City, Iowa
5%
$5,500.00
Florentina Castro
Waterloo, Iowa
5%
$12,250.00
Otto Maclin
Cedar Falls, Iowa
5%
$7,000.00
RESOLUTIONS
141495 - Cole/Hart
that "Resolution approving rejection of F.Y. 2014 Sullivan Park Basketball
bids", be adopted. Roll call vote -Ayes: Seven.
September 9, 2013 Page 4
Mr. Getty clarified that this project will be rebid.
Resolution adopted and upon approval by Mayor assigned No. 2013-744.
141496 - Cole/Hart
that `Resolution approving Construction Plans for storm Sewer and paving serving
Deer Creek Plat No. 2, as submitted by VJ Engineering of Cedar Falls, Iowa", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-745.
141497 - Cole/Hart
that "Resolution approving Reconstruction and Overlay Street Improvement Lists
for 2014", be adopted. Roll call vote -Ayes: Seven.
Mr. Jones asked for clarification on the material specifications for the
projects. Mayor Clark stated that reconstruction can be asphalt or concrete and
the overlay project is just asphalt.
Resolution adopted and upon approval by Mayor assigned No. 2013-746.
141498 - Cole/Hart
that "Resolution approving Agreement with Iowa Department of Transportation for
F.Y. 2013 Cunningham Elementary School Safe Routes To School Project, Contract
No. 851; and authorize Mayor to execute said document", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-747.
141499 - Hart/Welper
that "Resolution resetting date of hearing as September 16, 2013 to approve
Development Agreement between Shri Ganapati & Bajrangbali Inc. d/b/a Fairfield
Inn & Suites and the City of Waterloo for the construction of a new 81 room,
multi -story hotel development at the southeast corner of Crossroads Boulevard
and Bopp Street, adding $2.64 million in taxable value to site, and tax rebates
for 8 years at 50%; and instruct City Clerk to publish notice", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-748.
141500 - Hart/Welper
that "Resolution resetting date of hearing as September 16, 2013 to approve
Development Agreement between Crossing Point, LLC, f/k/a Proactive Holdings IV,
LLC and the City of Waterloo for the redevelopment of the former Kmart Plaza
site, including the main building and creation of multiple out -lots, adding $3.5
million in new taxable value to site, and tax rebates for 10 years at 50%; and
instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-749.
ORDINANCES
141501 - Schmitt/Welper
that "an Ordinance amending the following: Animal Control 5-1-5: Trapping
Restrictions Section (A) Updating the Animal Control Trapping Restrictions
Ordinance - adding a $25.00 non-refundable charge for Animal Control Services to
set a trap for cats and/or dogs. Traps may be set only between the hours of
7:00 AM and 4:00 PM and be checked every two (2) hours. Section (D) Also adding
that a private property owner (on their property) may set a wire cage trap to
remove nuisance pests, but are responsible for checking traps every two (2)
hours and the trapping, removing and releasing of the nuisance pest", be
received, placed on file, considered and passed for the first time. Roll call
vote -Ayes: Six. Nays: One (Schmitt). Motion carried.
Mr. Welper and Mr. Greenwood noted that wild animals cannot be transported.
Mr. Schmitt explained that the Humane Society only charged as of last year for
trapping. He expressed concern with adding additional charges before it goes on
its own. He would like to be able to review the budget.
Mayor Clark responded that we will be adding a service and the City needs to
recoup the cost.
September 9, 2013 Page 5
Randy Herod, asked for clarification of the fees.
Sandie Greco, Traffic Superintendent, explained the fee will be $25.00 for the
first day and $5.00 for each additional day.
Randy Herod, noted that the Humane Society provided the service for no fee but
the City asked them to stop.
Mr. Greenwood questioned how the Humane Society handled the procedure.
Sandie Greco, Traffic Superintendent, explained that the resident had to pick up
and return the trap and they were charged a fee.
Mr. Hart questioned how vacant lots would be handled.
Sandie Greco, Traffic Superintendent, explained that the traps have to be
monitored so they cannot be placed on vacant lots. She explained that cats and
dogs can be transported but wild animals cannot be transported. She gave contact
information for individuals licensed to transport.
141502 - Schmitt/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six. Nays: One (Schmitt).
Motion carried.
141503 - Schmitt/Welper
that "an Ordinance amending the following: Animal Control 5-1-5: Trapping
Restrictions Section (A) Updating the Animal Control Trapping Restrictions
Ordinance - adding a $25.00 non-refundable charge for Animal Control Services to
set a trap for cats and/or dogs. Traps may be set only between the hours of
7:00 AM and 4:00 PM and be checked every two (2) hours. Section (D) Also adding
that a private property owner (on their property) may set a wire cage trap to
remove nuisance pests, but are responsible for checking traps every two (2)
hours and the trapping, removing and releasing of the nuisance pest", be
considered and passed for the second and third times and adopted. Roll call
vote -Ayes: Six. Nays: One (Schmitt).
Ordinance adopted and upon approval by Mayor assigned No. 5174.
OTHER COUNCIL BUSINESS
141504 - Hart/Greenwood
to instruct Facilities/Project Manager to prepare plans, specifications, form of
contract, etc. in conjunction with F.Y. 2014 Sullivan Park Basketball Court
Project, be approved. Voice vote -Ayes: Seven. Motion carried.
141505 - Hart/Greenwood
to receive and file plans, specifications, form of contract, etc. in conjunction
with F.Y. 2014 Sullivan Park Basketball Court Project, be received and placed on
file. Voice vote -Ayes: Seven. Motion carried.
141506 - Hart/Greenwood
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with F.Y. 2014 Sullivan Park Basketball Court
Project", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-750.
141507 - Hart/Greenwood
that "Resolution setting date of hearing and bid opening as September 23, 2013;
and instruct City Clerk to publish notice of plans, specifications, form of
contract, etc. in conjunction with F.Y. 2014 Sullivan Park Basketball Court
Project", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-751.
141508 - Hart/Greenwood
to approve Change Order No. 4 for an increase of $403.00 for equipment purchased
from Schmitt Telecom Partners for a new phone system for the City, be approved.
Voice vote -Ayes: Six. Motion carried. Mr. Schmitt abstained.
•
September 9, 2013 Page 6
ORAL PRESENTATIONS
Mr. Welper clarified agenda item #4, the development agreement will be reviewed
when considering the bids.
Randy Herod, 111 Highland Blvd., asked that the animal control expenses be
reported each month.
Mr. Getty noted that Mr. Herod used to be on the board for the Humane Society.
Michelle Weidner, Chief Financial Officer, explained that monthly financial
reports are available.
Barb Sharp -Lindquist, 1406 Riehl St., asked to speak to someone regarding animal
control.
Mayor Clark explained that a committee has been formed and will be bringing
recommendations to the Council in the next 6 weeks.
Janet Kendall, 903 Riverside Dr., presented statistics on pit -bull attacks and
expressed concern with aggressive dogs.
Margaret Nevius, 1317 Leavitt St., expressed concern with pit -bulls and asked
Council to look out for the safety of the citizens.
Joshua Jebe, 813 Fairview, suggested having live animal traps tagged and
recorded by the City. He expressed concern with pit -bull specific regulations.
Forest Dillavou, 1725 Huntington Rd., asked that the animal rules for burying
pets be published to inform citizens of the regulations.
141509 - Hart/Welper
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
141510 - Hart/Welper
that the Council adjourn at 6:25 p.m. Voice vote -Ayes: Seven. Motion carried.
Suzy Scha es
City Cle k