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HomeMy WebLinkAboutMinutes-2/17/2014February 17, 2014 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, February 17, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Sandie Greco, Superintendent of Traffic Operations. 142296 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, February 17, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 142297 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, February 10, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 142298 - 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 February 17, 2014, in the amount of $1,043,790.80, 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. 2014-111. 2. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00 with Sycamore Convenience Store, 619 Sycamore Street, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. The owner is allowed a one-time use of the class training program offered by Alcoholic Beverages Division, in lieu of payment of the $300.00 penalty that can be taken once in a four year period. Resolution adopted and upon approval by Mayor assigned No. 2014-112. 3. Request of Neil Miller for tax exemptions for the construction of a new twin home valued at $220,000.00 located at 1813-1815 Castle Street and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-113. 4. Request of Waterloo Worship Center for a variance to the Noise Ordinance on August 16, 2014 from 3:00 p.m. to 5:00 p.m. in conjunction with The Party in the Park to be held at Lincoln Park including music 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. 2014-114. 5. Request of Main Street Waterloo for a variance to the Noise Ordinance on May 16 thru September 19, 2014 from 5:30 p.m. to 9:30 p.m. in conjunction with The Friday loo to be held at Lincoln Park including music 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. 2014-115. 6. Resolution approving request to cancel weed assessment that was certified to Black Hawk County, for property located at 2645 E. 4th Street in the amount of $85.00 that had been billed incorrectly. Resolution adopted and upon approval by Mayor assigned No. 2014-116. February 17, 2014 b. Motion to approve the following: 1. 2. 3. 4. 5. 6. Page 2 Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to exceed Sgt. Farmer, USPCA Narcotics Marshalltown, 03/18/14- $605.00 Officer Bovy, Recertification IA 03/19/14 Re - Appointment Officer Bose Human Rights Commission 01/01/2017 Re - Appointment Terry Pearson Stevens Steve Wareham or Interim Waterloo, IA 01/01/14- $2,000.00 other Principal of Trillion management services 06/30/14 Aviation Interim Mgmt. Consultant, Waterloo Reg. Airport Dave Ross, Al 18th Annual Marshalltown, 03/06/14- $440.00 Delagardelle, Joe Jones, Jr., Gary Luck - IAWEA Collection System IA 03/07/14 Sewer/Storm Specialty Maintenance Conference - Worker's/Foreman Collection System Exam Craig Clark, Fire Plans Des Moines, 05/04/14- $875.00 Building Examiner IA 05/09/14 Official Officer Pohl ICAC Regional Denver, CO 03/10/14- $1,630.00 Law Enforcement 03/14/14 Training on Child Exploitation Director Trelka Child Abduction Des Moines, 02/24/14- $370.00 & Inv. Hesse Response Team IA 02/25/14 Training 7. Mayor Clark's recommendation of the following appointments: 8. Appointee Board/Commission Expiration Date New or Re - Appointment Cody Funk Design Review Board 05/07/2017 New Jason Verbraken Community Development Board 03/01/2017 New Mark Pregler Human Rights Commission 01/01/2017 Re - Appointment Andrea Dellit Human Rights Commission 01/01/2017 Re - Appointment Terry Pearson Stevens Human Rights Commission 01/01/2017 New Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Hibachi Sushi Buffet 1535 Flammang Dr. Special Class C (BW) Renewal 11/07/14 X Cigarette Permit Application 9. 200 Broadway, LLC/DBA City Food, 200 Broadway Roll call vote -Ayes: Seven. Motion carried. Mayor Clark recognized the new appointees on the Boards and Commissions. February 17, 2014 PUBLIC HEARINGS 142299 - Schmitt/Welper Page 3 that proof of publication of notice of public hearing Development Agreement with Black Hawk Contracting and Development of Waterloo, Iowa to authorize the sale and conveyance of a portion of city -owned property for $1.00 located along Lafayette Street near its intersection with East 3rd Street, for the construction of 6 townhouse dwellings, as published in the Waterloo Courier on January 2, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. Re -open the public hearing on Development Agreement with Black Hawk Contracting and Development of Waterloo, Iowa to authorize the sale and conveyance of a portion of city -owned property for $1.00 located along Lafayette Street near its intersection with East 3rd Street, for the construction of 6 townhouse dwellings (continued from January 13, 2014). Voice vote -Ayes: Seven. Motion carried. 142300 - This being the time and place of public hearing, the Mayor called for written and oral objections and there are written concerns on file in the City Clerk's office. Mayor Clark commended John Rooff for his projects in the City and explained that the City proposed the location. David Dryer, 3145 W. 3rd Street, expressed concern with selling the property for a dollar. Mayor Clark explained the development agreement. Chris Schwartz, 1105 Mulberry Street, spoke in support of the project. David Deeds, 922 Mulberry Street, spoke in support of the project. Forest Dillavou, 1725 Huntington Rd., clarified that this is in a TIF District. Noel Anderson, Community Planning and Development Director, explained that it is in the Logan Avenue TIF District. Charles Orr, 616 Sycamore Street, spoke in support of the project. Anne Walter, 875 Bower, spoke in support of selling the property to the church. Jack Black, 227 Downing Avenue, expressed concern with the proposal. He suggested removing parking meters. Noel Anderson, Community Planning and Development Director, explained that the development agreement abates taxes for 10 years at 50%. He explained how the TIF district works. John Sherbon, 1715 Robin Road, questioned if TIF funds have been released before. Michelle Weidner, Chief Financial Officer, explained what TIF funds were released. Craig White, 1563 Oakwood Drive, appealed the council to keep an open mind as they will be affecting over 600 families. William Schmid, 102 Elk Run St., Elk Run Heights, spoke in opposition of the development location. David Dryer, 4145 W 4th St., petitioned the council to consider splitting the parking lot to accommodate church members. Noel Anderson, Community Planning and Development Director, explained that option had been explored unsuccessfully. Mr. Morrissey spoke in support of the development and the future of our city. Mr. Hart spoke in support of the church. Mr. Schmitt spoke in support of the development but asked that it be relocated. Mr. Welper spoke in support of the development and its location, but will help to insure that the members of Queen of Peace will have parking in the future. February 17, 2014 142301 - Schmitt/Welper Page 4 that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Four. Motion carried. 142302 - Schmitt/Welper that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly in conjunction with Development Agreement with Black Hawk contracting and Development of Waterloo, Iowa for the sale and conveyance of city -owned property for $1.00, located along Lafayette Street near its intersection with East 3rd Street, for the purpose of construction of 6 townhouse dwellings", be adopted. Roll call vote -Ayes: Four. Nays: Three (Schmitt, Lind, Hart). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2014-117. 142303 - Schmitt/Welper that "Resolution approving said Development Agreement; and authorize Mayor and City Clerk to execute said document in conjunction with Development Agreement with Black Hawk contracting and Development of Waterloo, Iowa for the sale and conveyance of city -owned property for $1.00, located along Lafayette Street near its intersection with East 3rd Street, for the purpose of construction of 6 townhouse dwellings", be adopted. Roll call vote -Ayes: Four. Nays: Three (Schmitt, Lind, Hart). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2014-118. RESOLUTIONS 142304 - Hart/Morrissey that "Resolution approving agreement with Silver Eagle Harley-Davidson/Buell to lease two 2010 Harley Davidson motorcycles at a cost of $135.00 per month per motorcycle for one year, plus routine maintenance; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-119. 142305 - Hart/Morrissey that "Resolution approving Certificate of Title as required by the FAA in order to continue with the Grant process; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-120. 142306 - Hart/Morrissey that "Resolution approving Agreement for Traffic Safety Improvement Funding with Iowa Department of Transportation in the amount of $47,000.00 for improving traffic signal installations and replacing signs at the intersection of Downing and Ansborough Avenues; 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. 2014-121. 142307 - Hart/Welper that "Resolution approving award of contract to Aspro, Inc. of Waterloo, Iowa in the amount of $1,957,171.65; and approving Contract, Bonds and Certificate of Insurance for the F.Y. 2014 Asphalt Overlay Program, Contract No. 857; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Nays: One (Jones). Mr. Jones clarified that only one bid was received. Resolution adopted and upon approval by Mayor assigned No. 2014-122. February 17, 2014 142308 - Hart/Welper Page 5 that "Resolution approving award of contract to Hawkeye Environmental of Solon, Iowa in the amount of $10,580.00; and approving the Contract, Bonds and Certificate of Insurance for the asbestos survey services for 1423 Hawthorne Avenue, 223 Independence Avenue, 927 Mullan Avenue, 421 Almond Street, 425 Almond Street, 928 Mulberry Street, 408 Saxon Street, 420 Dawson Street, 426 Cherry Street, 134 Dearborn Avenue, 717 Vinton Street, 67 Franklin Street, 520 Cottage Street, 120 Smith Street, 820 Fowler Street, 1013 Lincoln Street, 409 State Street, 100 Blackwood Avenue, 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road and 210 Clay 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. 2014-123. 142309 - Hart/Welper that "Resolution approving request by Midwest Development for the 102 Lot Preliminary Plat of Audubon Heights Fourth Addition, generally located north of W. Shaulis Road and east of Hoff Road for a new residential subdivision on 50.97 acres", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-124. 142310 - Cole/Hart that "Resolution approving request by Craig Fairbanks Homes for the Preliminary Plat of Crossroads Estates Replat No. 5, generally located along Hummingbird Circle between Bobolink Drive and Sarah Drive for the development of a 5 -lot residential subdivision on 1.9 acres", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-125. 142311 - Cole/Hart that "Resolution approving Lactation Accommodation Policy", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-126. 142312 - Cole/Hart that "Resolution approving the amended FY2013 Cooperative Agreement between the U.S. Department of Housing and Urban Development and the City of Waterloo for the Fair Housing Assistance Program with an increased funding from $18,350.00 to $138,350.00", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-127. 142313 - Cole/Hart that "Resolution approving recommendation of award of contract to Lehman Trucking and Excavating of Waterloo, Iowa, in the amount of $33,270.00, in conjunction with the demolition and site clearance services for 210 Clay Street, 211 Courtland Street, 223 Independence Avenue, and 120 Smith 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. 2014-128. ORDINANCES 142314 - Schmitt/Hart that "an Ordinance amending the Code of Ordinances of the City of Waterloo, by repealing Chapter 7, Housing, of Title 9, Building Regulations, of the Code of Ordinances of the City of Waterloo; and enacting in lieu thereof a New Chapter 7, Rental Housing, of Title 9, Building Regulations, of the Code of Ordinances of the City of Waterloo", be considered and passed for the second time. Roll call vote -Ayes: Seven. Marty Stokes, 1419 W. 4th Street, spoke in support of the ordinance and in opposition to the fees. He suggested charging $10.00 per unit rather than $25.00 per unit. Craig Clark, Building Official, explained how the fee will be used. February 17, 2014 Forest Dillavou, 1725 Huntington Rd., spoke insurance requirements. in opposition to Page 6 the fees and the Marty Stokes, 1419 W. 4th Street, spoke in opposition to the fees. Mr. Jones questioned the implementation time frame for landlords compliance. not in Craig Clark, Building Official, stated that they would work with landlords are in the process of remodeling, however more strict on the properties need to be demolished. 142315 - Schmitt/Welper that rules requiring ordinances prior meetings be suspended. Schmitt). Motion failed. 142316 - Cole/Hart that that to be considered and voted for passage at two Roll call vote -Ayes: Five. Nays: Two (Lind, that "an Ordinance amending the 2007 Code of Ordinances of the Iowa by amending Section 6 of Chapter 2, Nuisances, of Title and Safety, and by amending Sections 2, 3, 5, 6, 8, and 10 of Waste Collection and Disposal, of Title 4, Public Health received, placed on file, considered and passed for the first vote -Ayes: Seven. Motion carried. 142317 - Cole/Hart City of Waterloo, 4, Public Health Chapter 3, Solid and Safety", be time. Roll call that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Five. Nays: Two (Schmitt, Lind). Motion failed. OTHER COUNCIL BUSINESS 142318 - Hart/Welper that Change Order No. 1 for a net increase of $1,880.00 for work performed by KW Electric of Cedar Falls, Iowa for the FY2014 Danes Complex Lighting; and authorize Mayor and City Clerk to execute said document, be approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS Jack Black, 227 Downing, thanked Council for taking the time to discuss the church's needs. David Dryer, W. 4th Street, questioned the procedures for the agenda. Cheryl Christianson, 1702 E. Mitchell Ave., spoke in parking lot and future building in the area. opposition of losing the Mayor Clark urged citizens to leave their water running to prevent the pipes from freezing. 142319 - Hart/Welper that the above oral comments be received and placed on file. Seven. Motion carried. ADJOURNMENT 142320 - Hart/Welper that the Council adjourn at 6:41 p.m. Voice vote -Ayes: Seven. Voice vote -Ayes: Motion carried. Suzy Sch res, CMC City Cle k/Human Resource Director