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HomeMy WebLinkAboutMinutes-2/10/2014H February 10, 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 10, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Larry Smith, Superintendent of Waste Management Services. 142254 - Hart/Schmitt that the Agenda, 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. 142255 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, February 3, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark recognized Deb Rosol for 30 years of service. CONSENT AGENDA 142256 - 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 10, 2014, in the amount of $2,801,470.77, 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. 2014-086. 2. Acceptance of Acknowledgment/Settlement Agreement in the amount of $1,500.00 with B & B East, 1615 Bishop Ave., for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age Resolution adopted and upon approval by Mayor assigned No. 2014-087. 3. Request of Kaneshia Harrington for tax exemptions for rehabilitation of a single family dwelling with an estimated cost of $1,500.00 at 518 E 2nd Street and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2014-088. 4. Request of Teanna Smart for tax exemptions for the construction of a new single family dwelling valued at $130,000.00 located at 927 Lafayette Street and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2014-089. 5. Request of Tammy Banks for tax exemptions for the construction of a new twin home (condo) valued at $80,000.00 located at 4154 Mourning Dove Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-090. 6. Request of Jane Sieleman for tax exemptions for the construction of a new twin home (condo) valued at $80,000.00 located at 4156 Mourning Dove Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-091. February 10, 2014 b. Motion to approve the following: 1. 2. 3. Page 2 Travel Requests Name & Title Class/Meeting New or Re - Appointment Dave Buck Amount not of Personnel Re -Appointment Destination Date(s) to Exceed Lt. Payne, Iowa Narcotics W. Des 03/25/14- $1,370.00 Sgt. Feaker, Inv. Girsch Officer Assoc. Conference Moines, IA 03/27/14 Corey Lorenzen Abraham L. National Fair Housing Washington, 03/09/14- $3,150.00 Funchess, Jr., Executive Training Academy Week Five Investigations D.C. 03/15/14 12/31/2014 Director Training Officer Morley Crash Investigation 1 Evanston, IL 03/09/14- $4,442.00 & Jacobson 03/21/14 4. Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Dave Buck Telecommunications Board 01/01/2020 Re -Appointment Robert Tyson Community Development Board 03/01/2016 New Mike Butler Main Street's Board 12/31/2014 Re -Appointment John Hayes Main Street's Board 12/31/2014 New Corey Lorenzen Main Street's Board 12/31/2014 Re -Appointment Jane Messingham Main Street's Board 12/31/2014 Re -Appointment Don Temeyer Main Street's Board 12/31/2014 Re -Appointment 5. Recommendation of appointment of Kent Flege to the position of Mechanic (Street Department) from the current Civil Service list effective February 11, 2014, pending completion of pre-employment physical. 6. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Greg's Place 924-926 LaPorte Rd. C Liquor and Outdoor Service New 12/01/14 X Fireworks Display Application 7. Chuck FX, LLC to be held at National Cattle Congress, 257 Ansborough Avenue on February 15, 2014 from 9:15 p.m. to 11:15 p.m. (McElroy Event - Hairball Concert). Roll call vote -Ayes: Seven. Mr. Schmitt voted nay on the appointment of Dave Buck. Motion carried. PUBLIC HEARINGS 142257- Schmitt/Hart that proof of publication of notice of public hearing on F.Y. 2014 Asphalt Overlay Program, Contract No. 857, as published in the Waterloo Courier on February 3, 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 none. 142258 - Schmitt/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. February 10, 2014 142259 - Schmitt/Hart Page 3 that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Asphalt Overlay Program, Contract No. 857", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-092. 142260 - Schmitt/Hart that "Resolution ordering construction in conjunction with F.Y. 2014 Asphalt Overlay Program, Contract No. 857", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-093. 142261 - Schmitt/Hart 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 Asphalt Overlay Program, Contract No. 857. Voice vote -Ayes: Seven. Motion carried. Bidder Bid Security Bid Amount ASPRO, Inc. P.O. Box 2620 Waterloo, IA 50704 5% $1,957,171.65 142262 - Hart/Welper that proof of publication of notice of public hearing on Request for Proposal for Demolition and Site Clearance Services for properties located at 210 Clay Street, 211 Courtland Street, 223 Independence Avenue, and 120 Smith Street, as published in the Waterloo Courier on February 3, 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 none. 142263 - Hart/Welper that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 142264 - Hart/Welper that "Resolution confirming approval of plans, specifications, bid document, form of contract, etc. in conjunction with the Demolition and Site Clearance Services for properties located at 210 Clay Street, 211 Courtland Street, 223 Independence Avenue, and 120 Smith Street", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-094. 142265 - Hart/Welper that "Resolution ordering construction in conjunction with Demolition and Site Clearance Services properties located at 210 Clay Street, 211 Courtland Street, 223 Independence Avenue, and 120 Smith Street", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-095. 142266 - Hart/Welper to receive and file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review in conjunction with the demolition and Site Clearance Services for properties located at 210 Clay Street, 211 Courtland Street, 223 Independence Avenue, and 120 Smith Street. Voice vote -Ayes: Seven. Motion carried. Bidder Bid Security Bid Amount Lehman Trucking & Excavating, Inc. 1422 Ashland Ave. Waterloo, IA 50703 5% $33,270.00 February 10, 2014 RESOLUTIONS 142267 - Welper/Hart Page 4 that "Resolution approving Service Agreement with Laughing Tree, LLC to operate ArtHouse Cafe within the Waterloo Center for the Arts effective March 1, 2014", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-096. 142268 - Welper/Hart that "Resolution approving submission of Black Hawk County Gaming Association grant application in the amount of $90,000.00 to be used for the demolition and reconstruction of the concession/restroom building at the Byrnes Tennis Center; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-097. 142269 - Welper/Hart that "Resolution approving submission of Waterloo Convention & Visitors Bureau Event/Capital Project grant application in the amount of $15,750.00 to be used for the demolition and reconstruction of the concession/restroom building at the Byrnes Tennis Center; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Mr. Jones questioned the estimated cost for the entire project. Paul Huting, Leisure Services Director, will report back on the estimate. It qualifies for the grant due to the tournaments. Resolution adopted and upon approval by Mayor assigned No. 2014-098. 142270 - Cole/Hart that "Resolution approving submission of Cedar Trails Partnership grant fund request for a cross-country ski trail snow roller in an amount not to exceed $2,000.00; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Mr. Jones questioned if this could be used anywhere other than Iry Warren. Paul Huting commented that it could be used in other open areas. Resolution adopted and upon approval by Mayor assigned No. 2014-099. 142271 - Cole/Hart that "Resolution approving a contract addendum to the contract originally dated February 23, 2009 with Denver Construction of Denver, Iowa extending said agreement for three years to expire on April 9, 2017 at a cost of $58.68 per ton for the Drop Off Site Recycling Collection and Disposal Program; 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. 2014-100. 142272 - Cole/Hart that "Resolution approving agreement for Traffic Safety Improvement Funding with Iowa Department of Transportation in the amount of $56,800 for safety improvements at the intersection of LaPorte Road and San Marnan Drive", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-101. 142273 - Schmitt/Hart that "Resolution approving the Program Evaluation and Payment to Greater Cedar Valley Alliance in the amount of $24,250.00, for economic development efforts completed in fiscal year 2014", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-102. February 10, 2014 142274 - Schmitt/Hart Page 5 that "Resolution approving Real Estate Purchase Agreement with Thompson Resident Holdings III, LLC for the acquisition and purchase of 1005 Lafayette Street in the amount of $20,000.00; 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. 2014-103. 142275 - Schmitt/Hart that "Resolution setting date of hearing as February 24, 2014 to approve request of Harris Cleaning of Waterloo, Iowa for a site plan amendment to the "M -2,P" Planned Industrial District, to allow for the construction of a 80' X 125' (10,000 SF) industrial building, located at the southwest corner of Northeast Drive and Newell Street; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-104. 142276 - Morrissey/Hart that "Resolution endorsing the use of Metropolitan Transportation Alternative Program Funds for the development of the Shaulis Road Trail from Hawkeye Road/Iowa Highway 21 to Isle of Capri Boulevard; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-105. 142277 - Morrissey/Hart that "Resolution setting date of hearing as March 3, 2014 to approve the FYE2015 budget; and instruct City Clerk to publish notice", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-106. ORDINANCES 142278 - Hart/Welper that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa by adding a New Article B, Housing Protections for Victims of Domestic Violence, of Chapter 3, Human Rights, of Title 5, Police Regulations", be considered and passed for the first time. Roll call vote -Ayes: Seven. 142279 - Hart/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 (Lind). Motion carried. 142280 - Hart/Welper that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa by adding a New Article B, Housing Protections for Victims of Domestic Violence, of Chapter 3, Human Rights, of Title 5, Police Regulations, of the Code of Ordinances of the City of Waterloo", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Nays: One (Lind). Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5199. 142281 - Hart/Welper that "an Ordinance amending paragraph A of Section 2 of Article B, International Property Maintenance Code, of Chapter 1, Building Code, of Title 9, Building Regulations", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Mr. Jones questioned if these ordinances are supported by the Landlord's Association. Mark Pregler, President, Black Hawk Landlords Association, reported that compromises were made on both sides. It is not unanimous but the board is in agreement with the ordinance. Mr. Schmitt clarified that legal has reviewed these ordinances. • February 10, 2014 142282 - Hart/Welper Page 6 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Nays: One (Lind). Motion carried. 142283 - Hart/Welper that "an Ordinance amending paragraph A of Section 2 of Article B, International Property Maintenance Code, of Chapter 1, Building Code, of Title 9, Building Regulations", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Nays: One (Lind). Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5200. 142284 - Morrissey/Welper 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 first time. Roll call vote -Ayes: Seven. Forest Dillavou, 1725 Huntington Road, spoke in opposition to the ordinance and the fee. Craig Clark, Building Official, clarified the fee schedule. The Ordinance has been worked on for over a year. Mark Pregler, 5312 Hammond, noted that the applicant's information will be passed on and a notice of the transfer of information to the City should be on the rental application. Marty Stokes, Martin Realtors, expressed concern with the fee. He suggested doubling the current fee. 142285 - Morrissey/Welper 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 142286 - Hart/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements, Contract No. 842, be approved. Voice vote -Ayes: Seven. Motion carried. 142287 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements, Contract No. 842, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142288 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements, Contract No. 842", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-107. 142289 - Hart/Welper that "Resolution setting date of hearing and bid opening as March 17, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements, Contract No. 842", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-108. t February 10, 2014 142290 - Hart/Welper Page 7 to instruct Waste Management Services to prepare plans, specifications, form of contract, etc. in conjunction with Phase I - CIP Pipe Lining Service Areas No. 15 and No. 16, Contract No. 866, be approved. Voice vote -Ayes: Seven. Motion carried. 142291 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with Phase I - CIP Pipe Lining Service Areas No. 15 and No. 16, Contract No. 866, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142292 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with Phase I - CIP Pipe Lining Service Areas No. 15 and No. 16, Contract No. 866", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-109. 142293 - Hart/Welper that "Resolution setting date of hearing and bid opening as March 10, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with Phase I - CIP Pipe Lining Service Areas No. 15 and No. 16, Contract No. 866", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-110. ORAL PRESENTATIONS Ted Lederman, 1758 Pinehurst Ln., asked Council to reduce health benefits for City employees to cut costs. Bill Kammeyer, 526 Home Park Blvd., clarified that the taxpayers will be paying for the Council Chambers remodel. Steve Murphy, 124 Terrace Drive, asked Council to seek bids to outsource solid waste services. Forest Dillavou, 1725 Huntington Rd., suggested using storm water fees to improve the sanitation sewer system. Randy Herod, 111 Highland Blvd., questioned the current position of animal control. 142294 - Hart/Jones that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 142295 - Hart/Jones that the Council adjourn at 6:26 p.m. Voice vote -Ayes: Seven. Motion carried. fl Suzy Sci:aies, CMC City Clerk/Human Resource Director