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HomeMy WebLinkAboutMinutes-04/14/2014April 14, 2014 The Council of the City of Waterloo, Iowa, met in Regular Session at Waterloo Center for the Arts, Law Court Theater, Waterloo, Iowa, at 5:30 p.m., on Monday, April 14, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Steve Schmitt, Council Member at Large. 142550 - Hart/Schmitt that the Agenda, as amended by separating regulation of pawnshop businesses to a separate Ordinance, by opening and continuing the hearing until April 21, 2014 for No. 5., and by deleting the approval of Contract, Insurance, and Bonds for No. 13, be approved for the Regular Session on Monday, April 14, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 142551 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, April 7, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark read a Proclamation declaring April 27 - May 4, 2014 as "Days of Remembrance." Mayor Clark read a Proclamation declaring April 21 - 26, 2014 as "National Community Development Week." CONSENT AGENDA 142552 - 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 April 14, 2014, in the amount of $2,241,768.83, 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. 2014-237. 2. Request of the Cedar Valley Irish Cultural Association to hold 8th Annual Iowa Irish Fest event for August 1 through August 3, 2014 and would like the City's permission to use the Lincoln Park area from Thursday, July 31st through Monday, August 4th. They have also requested the assistance with the following street closures: Park Avenue closed from Mulberry Street to Franklin from 7:00 a.m. on July 30th through 12:00 Noon, August 4th; 4th Street from Mulberry to Franklin (Franklin not closed) from 7:00 a.m. on July 31st through August 3, 2014; 4th Street from Mulberry to Lafayette from 7:00 a.m. on July 31st through August 3, 2014; Mulberry Street from Park Avenue to 5th Street from 7:00 a.m. on July 31st through August 3, 2014; together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-238. 3. Request of Cedar Valley Irish Cultural Association Inc. for Iowa Irish Fest for a variance to the Noise Ordinance on Friday, August 1, 2014 through Sunday, August 3, 2014 in conjunction with Iowa Irish Fest events that will be held at Lincoln Park and 4th Street from Mulberry to Lafayette Streets, including live bands and PA system, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-239. 4. Request of Iowa Irish Fest Committee to hold 5K Walk/Run event to start and finish at 4th and Mulberry Street on Saturday, August 2, 2014 from 7:30 a.m., together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-240. April 14, 2014 Page 2 5. Request of Sherman Wise for a variance to the Noise Ordinance on Saturday, June 7, 2014 from 12:00 p.m. through 5:00 p.m. in conjunction with Community Resources & Kids Fun Day event that will be held at Sullivan Park, including a sound system provided by KBOL Radio, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-241. 6. Request of Chelsea Garbes for tax exemptions for the construction of a new single family dwelling valued at $150,000.00 located at 4138 Mockingbird Lane and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-242. 7. Request of LuAnn Jackson for tax exemptions for the construction of a new twin home valued at $80,000.00 located at 4166 Mourning Dove Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-243. 8. Request of Erin Broten for tax exemptions for the construction of a new single family home valued at $150,000.00 located at 4144 Mockingbird Lane and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-244. 9. Request of Mary & Cliff Kinsel for a concrete driveway to be located at 559 Helmet Avenue, together with recommendation of approval of City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2014-245. b. Motion to approve the following: 1. 2. 3. 4. 5. 6. 7. 8. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to exceed Rebecca National Fair Washington, 05/04/14- $2,900.00 Johnson, Human Housing Training Academy Week Two D.C. 05/10/14 Prime Mart 508 Broadway St. Rights Investigation Renewal 03/31/15 X Specialist Training Renewal 03/23/15 Sergeant Tactical Firearms Defiance, MO 05/18/14- $2,911.00 Hoelscher Instructor (3 Gun) Sycamore Convenience 617-619 Sycamore St. 05/23/14 & Inv. Course X Girsch Michelle Gov't Finance Minneapolis, 05/18/14- $1,360.00 Weidner, Chief Officers Assn Annual Conference MN 05/21/14 Financial Officer Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday El Patron Family Mexican Restaurant 301 E. 4th St. Class C Liquor Outdoor Sales & Renewal 02/28/15 X Prime Mart 508 Broadway St. Class E Liquor, Class B Wine, Class C Beer Renewal 03/31/15 X Hy -Vee Food Store #1 2834 Ansborough Ave. Class E Liquor, Class B Wine, Class C Beer Renewal 03/23/15 X Casey's General Store #2879 3260 University Ave. Class B Native Wine & Class C Beer Renewal 04/18/15 X Sycamore Convenience 617-619 Sycamore St. Class E Liquor, Class B Wine, Class C Beer Renewal 03/11/15 X April 14, 2014 Page 3 Cigarette Permit Application 9. Dixon Grocery and Take Out, 926 Linn Street Fireworks Display Application 10. The VGM Group, 1111 West San Marnan Drive on June 7, 2014 at 9:30 p.m. 11. Bonds Roll call vote -Ayes: Seven. Item 1.b.10 Ayes: Six. Abstain: Cole. Item 1.b.5 Ayes: Six. Nays: One (Hart). Motion carried. PUBLIC HEARINGS 142553 - Schmitt/Welper that proof of publication of notice of public hearing on F.Y. 2014 Street Reconstruction Program, Contract No. 859, as published in the Waterloo Courier on March 31, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections. Mr. Hart expressed concern with the condition of the streets that have been included in the project. Mr. Schmitt clarified that the specifications for this project were not just for asphalt. 142554 - Schmitt/Welper that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142555 - Schmitt/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Street Reconstruction Program, Contract No. 859", be adopted. Roll call vote -Ayes: Five. Nays: Two (Jones, Hart). Resolution adopted and upon approval by Mayor assigned No. 2014-246. 142556 - Schmitt/Welper that "Resolution ordering construction in conjunction with F.Y. 2014 Street Reconstruction Program, Contract No. 859", be adopted. Roll call vote -Ayes: Five. Nays: Two (Jones, Hart). Resolution adopted and upon approval by Mayor assigned No. 2014-247. 142557 - Schmitt/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 Street Reconstruction Program, Contract No. 859: Bidder Bid Security Bid Amount Aspro, Inc. 5% $8,209,211.04 Voice vote -Ayes: Five. Nays: Two (Jones, Hart). Motion carried. 142558 - Morrissey/Hart that proof of publication of notice of public hearing on amendment to the City of Waterloo Zoning Ordinance No. 5079 by adding additional restrictions for "payday" loan (delayed deposit service) businesses and pawnshop businesses, as published in the Waterloo Courier on March 31, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were written objections and letters of support on file in the City Clerk's Office. Pay Day Loans Jane Nelson, 429 Allen Street Apt. 114, spoke in support of the ordinance. April 14, 2014 Page 4 Antoinette Johnson, 714 Quincy Street, spoke in support of the ordinance. Marcia Buttgen, 1510 Lyon Ave., spoke in support of the ordinance. Brittany Dierks, Veridian Regional Manager, explained what the bank has to offer for short term loans to assist individuals in breaking the cycle of using pay day lenders. Renata Sack, 414 Sunset Road, spoke in support of the ordinance. Jerry Hageman, 3052 San Salvador, spoke in support of the ordinance. He noted that Dupaco Credit Union also has money makeover loans. Al Hays, retired professor from UNI, works with low income neighborhoods in Waterloo and spoke in support of the ordinance. Pastor Nate Nimms, 930 Sunrise Blvd. spoke in support of the ordinance. Chris Schwartz, 1105 Mulberry Street, spoke in support of the ordinance. Mike Knapp, 1141 Independence Ave., spoke in support of the ordinance. Joe Gorton, 510 Wilshire Ave., Professor at UNI, spoke in support of the ordinance and explained that there is increased crime in areas with pay day lending. Margaret Whiting, 1974 Caras Road, spoke in support of the ordinance. Andrea Northey, 542 Dawson Street, spoke in opposition to the ordinance. Jerry Larson, 1007 Bishop Ave., employee at a pay day lender, spoke in opposition to the ordinance. Father George Karnik, former pastor St. Johns Church, spoke in support of the ordinance. Stacy Glasscock, 2825 Huntington Rd., spoke in support of the ordinance. Janet Schoonover, manager of a pay day loan business, spoke in opposition to the ordinance. Ruth Walker, 2208 Coventry Lane, Cedar Falls, spoke in support of the ordinance. Tom Davis, Money N More owner, presented a petition in opposition to the ordinance and spoke in opposition to the ordinance. Mayor Clark noted there are approximately 108 signatures on the petition. Craig Young, 318 W. 3rd Street, spoke in support of the ordinance. Tavis Hall, 3252 Kipling, spoke in support of the ordinance. Forest Dillavou, 1725 Huntington Road, spoke in support of passing an ordinance banning pay day lenders. Lenae Davis, Waterloo, spoke in opposition to the ordinance. Mary Potter, President of Church Row Association, spoke in support of the ordinance. Linden Miller, Money N More employee, spoke in opposition to the ordinance. Chris Sieck, 521 E. Park Ave., spoke in opposition to the ordinance. Mr. Morrissey explained the need for the ordinance. He explained that several Iowa cities have passed this sort of ordinance. Mr. Schmitt spoke in opposition to the ordinance. Mr. Lind spoke in opposition to the ordinance. Mr. Morrissey explained that the ordinance will not close existing businesses but it will limit future expansion. He read a letter from a citizen in support of the ordinance. April 14, 2014 Page 5 142559 - Morrissey/Hart 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: Seven. Motion carried. 142560 - Morrissey/Hart to receive, file, consider and pass for the first time an Ordinance amendment to the City of Waterloo Zoning Ordinance No. 5079 by adding additional restrictions for "payday" loan (delayed deposit service) businesses. Roll Call vote -Ayes: Five. Nays: Two (Lind, Schmitt). Motion carried. 142561 - Morrissey/Hart to receive, file, consider and pass for the first time an Ordinance amendment to the City of Waterloo Zoning Ordinance No. 5079 by adding regulation of pawnshop businesses. Roll Call vote -Ayes: Two. Nays: Five (Welper, Cole, Jones, Schmitt, Lind). Motion failed. 142562 - Hart/Welper that proof of publication Lori Honermann to vacate Guernsey's 2nd Orangeview of constructing one on April 8, 2014, Motion carried. of notice of public hearing on Request of Jared and the 50' platted building line located on Lot 22 of Plat, located east of 1360 Angus Drive, for the new single-family home, as published in the Waterloo be received and placed on file. Voice vote -Ayes: purpose Courier Seven. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Mr. Schmitt questioned if the neighborhood had been notified. Noel Anderson, Community Planning and Development Director, noted that notice is not required but the building will be in line with other buildings in the area. 142563 - Hart/Welper that the hearing be closed and recommendation of approval of Voice vote -Ayes: Seven. Motion 142564 - Hart/Welper receive and file oral and written comments and Planning, Programming and Zoning Commission. carried. to receive, file, consider and pass for the first time platted building line located on Lot 22 of Guernsey's located east of 1360 Angus Drive, for the purpose of single-family home. Roll Call vote -Ayes: Seven. Motion an Ordinance vacating 50' 2nd Orangeview Plat, constructing one new carried. 142565 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll Call vote -Ayes: Seven. Motion carried. 142566 - Hart/Welper that "Ordinance vacating Guernsey's 2nd Orangeview purpose of constructing one the second and third times Seven. 50' platted building line located on Lot 22 of Plat, located east of 1360 Angus Drive, for the new single-family home" be considered and passed for and the ordinance be adopted. Roll call vote -Ayes: Ordinance adopted and upon approval by Mayor assigned No. 5207 142567 - Hart/Welper that proof of publication of notice of public hearing on 2014 Lift Stations & Complaint Mowings with Complaint Snow Removals, as published in the Waterloo Courier on March 28, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142568 - Hart/Welper to continue public hearing on April 21, 2014. Voice Vote -Ayes: Seven. RESOLUTIONS April 14, 2014 142569 - Schmitt/Cole Page 6 that "Resolution approving Contract for Asbestos Abatement Services with AAA Budget Environmental, Inc. of Cedar Falls, Iowa, in the amount of $23,090.00, in conjunction with asbestos abatement services for 134 Dearborn Avenue, 928 Mulberry Street, 717 Vinton Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln Street, and 420 Dawson Street; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Noel Anderson, Community Planning and Development Director, explained that core sampling of the roof should help eliminate change orders. Resolution adopted and upon approval by Mayor assigned No. 2014-248. 142570 - Schmitt/Cole that "Resolution approving Contract for Asbestos Abatement Services with AAA Budget Environmental, Inc. of Cedar Falls, Iowa, in the amount of $46,887.00, in conjunction with asbestos abatement services for 801-805 Commercial Street; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-249. 142571 - Schmitt/Cole that "Resolution approving award of contract to D & G Metal Works, Inc. of Waterloo, Iowa in the amount of $78,120.00; and approving the Contract, Bonds and Certificate of Insurance for the FY2014 Boat House Roof Replacement Project, Waterloo Boat House, 707 Park Road; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-250. 142572 - Cole/Hart that "Resolution approving award of contract to B & B Lawn Care, Inc. of Waterloo, Iowa; and approving the Contract, Bonds and Certificate of Insurance for the FY2014 Right -of -Way Mowing Contract", be adopted. Roll call vote -Ayes: Seven. Paul Huting, Leisure Services Director, noted that a large portion of the contract was awarded to B & B Lawn Care, Inc. and they provided satisfactory service. Resolution adopted and upon approval by Mayor assigned No. 2014-251. 142573 - Cole/Hart that "Resolution approving Notice of Intent for NPDES Coverage Under General Permit to the Iowa Department of Natural Resources in conjunction with F.Y. 2014 Treatment Plant Levee Tree Removal, Contract No. 868; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-252. 142574 - Cole/Hart that "Resolution approving award of contract to Hawkeye Alarm & Signal Company of Waterloo, Iowa, in the amount of $80,360.00 plus alternate 1 and 2 in the amount of $2,484.00, in conjunction with the City of Waterloo Public Library Security Camera Upgrade; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-253. 142575 - Morrissey/Welper that "Resolution approving the Professional Service Agreement with AECOM Technical Services of Waterloo, Iowa, in an amount not to exceed $6,500.00 for design work, contract documents, bidding assistance, submittal reviews and on- site meetings with construction personnel, in conjunction with the East 5th Street Parking & Garage Repairs Project; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-254. April 14, 2014 Page 7 142576 - Morrissey/Welper that "Resolution approving award of contract to Iowa Erosion Control, Inc., Inc. of Victor, Iowa in the amount of $1,094,138.38 in conjunction with the F.Y. W. Airline Highway Rehabilitation (Base bid + Alternate 2) Project, Contract No. 827; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-255. 142577 - Morrissey/Welper that "Resolution approving Closing Agreement for 2009A BABS Bonds, in the amount of $5,106.72 (previous approval 12/16/13 for $5,000.00); and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-255A. ORDINANCES 142578 - Schmitt/Hart that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by adding a new Chapter 14, Housing Cooperative Conversion, of Title 9, Building Regulations", be received, placed on file, considered and passed for the second time and adopt. Roll call vote -Ayes: Six. Ms. Cole excused herself. Motion carried. Craig Clark, Building Official, explained the ordinance. 142579 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Two (Schmitt, Lind. Ms. Cole Absent. Motion failed. 142580 - Hart/Welper that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by adding a new Section 302-8-1 (3) b 5, 6 Front Yard Parking Citation to the International Property Maintenance Code Article B", be received, placed on file, considered and passed for the first time and adopt. Roll call vote -Ayes: Seven. Motion carried. Forest Dillavou, 1725 Huntington Road, asked for an explanation. Larry Smith, Waste Management Superintendant, explained that it reduces the notification until a citation can be issued. 142581 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Three. Jones, Schmitt, and Lind. Motion failed. 142582 - Hart/Cole that "An Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Section 9-1B-1 thru 9-1B-5 "Parking" to the International Property Maintenance Code Article B", be received, placed on file, considered and passed for the first time and adopt. Roll call vote -Ayes: Seven. Motion carried. Larry Smith, Waste Management Superintendant, this increased the number of vehicles allowed and gives options for parking off street. Forest Dillavou, 1725 Huntington Road, clarified that this does not require hard surface. Randy Herod, 111 Highland, questioned if this will effect grandfathered properties. Mark Pregler, 5312 Hammond Ave., clarified that it won't affect attached car ports. April 14, 2014 Page 8 142583 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Three (Schmitt, Lind, Jones. Motion Failed. 142584 - Schmitt/Cole that "An Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Chapter 3, General Penalty, 1-3-2 (E) Administrative Fees", be received, placed on file, considered and passed for the first time and adopt. Roll call vote -Ayes: Seven. Motion carried. Larry Smith, Waste Management Superintendent, explained that this ordinance clarified that the administrative fees will only be for specific violations such as weeds and snow removal. 142585 - Schmitt/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Three (Schmitt, Lind, Jones. Motion Failed. 142586 - Cole/Welper that "An Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Title 7, Public Ways & Property, Chapter 7-1-2 Prohibited Acts & Conditions Section B (3) Snow and Ice Removal", be received, placed on file, considered and passed for the first time and adopt. Larry Smith, noted that this amendment was also to include weed abatement. 142587 - Morrissey/Jones To table ordinance amendment until further information is received. Roll call vote -Ayes: Seven. OTHER COUNCIL BUSINESS 142588 - Hart/Welper that "Resolution setting date of hearing and bid opening as April 28, 2014 to approve Plans and Specifications in conjunction with the F.Y. 2014 Kimball Avenue Transportation Improvements Project, Contract No. 843; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc., be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-256. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, showed Council pictures of properties that have garbage in their yard. Randy Herod, 111 Highland, questioned when the animal control budget work session would be held. David Dryer, 3145 W. 4th St., asked for performance bonds on projects. Forest Dillavou, 1725 Huntington Road, thanked Larry Smith for explaining his ordinances. Mr. Morrissey asked the Courier to publish notice that there is a tax credit available for seniors and disabled individuals with low income. Dan Trelka, Director of Safety Services, explained the decrease in juvenile arrests. The State of Iowa is looking into how Black Hawk County is decreasing these statistics. 142589 - Hart/Welper that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142590 - Hart/Welper that the council adjourn to Executive Session at 7:48 p.m. Roll call vote -Ayes: Seven. Motion carried. April 14, 2014 Page 9 City Attorney Jim Walsh stated that discussion of litigation is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(c)(2014). EXECUTIVE SESSION 142591 - Hart/Welper that the council adjourn Executive Session at 7:55 p.m. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 142592 Hart/Schmitt that the Council adjourn at 8:02 p.m. Voice vote -Ayes: Seven. Motion carried. uzy Schres, CMCajC City Clerk/Human Resource Director