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HomeMy WebLinkAboutMinutes-06/02/2014June 2, 2014 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, June 2, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Absent: Cole. Moment of Silence. Pledge of Allegiance: Noel Anderson, Community Planning & Development Director. 142843 - Hart/Schmitt that the Agenda, as amended, by adding 1.a.6 amendment to noise ordinance for the Dillinger's Wheelman event, 1.b.8 adding liquor license for Lost Island Waterpark, and amending #9 to read 210-214 E. 4th Street for the Regular Session on Monday, June 2, 2014, at 5:30 p.m., be accepted and approved. Voice vote - Ayes: Six. Motion carried. 142844 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, May 27, 2014 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. Mayor Clark recognized Carolyn Sallis 2014 Team Member of the Month for June. CONSENT AGENDA 142845 - 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 June 2, 2014, in the amount of $2,181,007.00, 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. 2014-420. 2. Request of City Clerk to rescind Resolution No. 2014-320 that was inadvertently adopted on May 5, 2014 for 828 Washington Street, and approving CURA application from C & S Properties, LLC for the construction of a new parking lot located at the southwest corner of 7th Street and south Street in the amount of $57,085.00. Resolution adopted and upon approval by Mayor assigned No. 2014-421. 3. Request of City Clerk to rescind Resolution No. 2014-321 that was inadvertently adopted on May 5, 2014 for 612 W. 7th, and approving CURA application from C & S Properties, LLC for the construction of a new parking lot located at the northeast corner of 7th Street and the alley located between South Street and Randolph Street in the amount of $41,302.00. Resolution adopted and upon approval by Mayor assigned No. 2014-422. 4. Request from Pastor Judeda Ambrose Hill and Gift of Life Church, for an exception to burning yard waste to hold a small bonfire in empty graveled parking lot on October 4, 2014 in conclusion of the Fall Festival, with recommendation of approval of Fire Chief. Resolution adopted and upon approval by Mayor assigned No. 2014-423. 5. to continue request for cancellation of assessments for Africa American History and Cultural Museum, for one week. 6. Request of Dan Trelka for a variance to the Noise Ordinance on June 7-8, 2014 from 6:30 p.m. to 8:30 p.m. in conjunction with Dillinger's Wheelman in Waterloo; A re-enactment of the 1934 shootout with Gangster Tommy Carroll event to be held on Sycamore Street between 4th and 5th Street (in front of the Brown Derby) including the use of a PA system, together with recommendation of approval of Director of Safety Services. June 2, 2014 Page 2 b. Motion to approve the following: 1. 2. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to exceed Mark Boesen, IAHO Fall Waterloo, 10/02/2013- $150.00 Manager of Conference IA 10/04/2013 Rehabilitation Services Steve Carey, Confined Space Albert 06/02/14- $562.50 Paramedic, Technical Rescue Rescue Class (24 hour) City, IA 06/05/14 Instructor 2. Recommendation of appointment of Megan Hannam to the Leisure Services Commission with term expiration of March 1, 2017. 3. Recommendation of appointment of Brenton Shavers to the Leisure Services Commission with term expiration of March 1, 2017. Fireworks Display Application 5. Main Street Waterloo, June 15, 2014 Exchange Park Boat Ramp (My Waterloo Days Dragon Boat Race) 6. Main Street Waterloo, June 12, 2014 on Park Avenue Bridge. 7. Bonds 8. Class B Beer License Permit Application Lost Island Waterpark Inc., 2225 E. Shaulis Road (New) (Expires 11/1/2014) (Includes Sunday Sales) Roll call vote -Ayes: Six. Motion carried. Mr. Lind clarified with Mr. Hart that item 1.a.5., that the Africa American History and Cultural Museum, is working with the City on an arrangement for the assessments. PUBLIC HEARINGS 142846 - Schmitt/Hart to cancel hearing in conjunction with the Sale and Conveyance of City owned property generally located at 322 Crescent Place, due to lack of bids. Voice vote -Ayes: Six. Motion carried. Mayor Clark explained that since no bids were received so the property will be demolished. RESOLUTIONS 142847 - Hart/Welper that "Resolution approving request for authorization to publish 2013 salaries for city employees and officials, as required by law", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-424. 142848 - Hart/Welper that "Resolution setting date of hearing as June 16, 2014 to approve a Development Agreement with Howard L. Allen Investments, Inc. for the construction of a 3,750 square foot commercial building on parcel 8913-36-408- 013 (northwest corner of La Porte Road and Easton Avenue), adding $300,000.00 of taxable value to the site, and conveying vacated La Porte Road street frontage in the amount of $1.00; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-425. June 2, 2014 Page 3 142849 - Hart/Welper that "Resolution setting date of hearing as June 16, 2014 for the request by Howard L. Allen Investments, Inc. to vacate a portion of La Porte Road frontage road, generally located between Easton and Lorraine Avenues, for the purpose of utilizing this area for development of abutting parcels; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-426. 142850 - Schmitt/Hart that "Resolution setting date of hearing as June 16, 2014 to approve a Development Agreement with ElizabethBlake, LLC for the construction of a 7,500 square foot industrial building at 2005 Westfield Avenue, adding $220,000.00 of taxable value to the site, and offering a grant up to $40,000 for sanitary sewer line relocation; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-427. 142851 - Schmitt/Hart that "Resolution setting date of hearing as June 16, 2014 for the request by City of Waterloo to sell and convey the 4 foot portion of lot 8 (formerly 1019 Lafayette Street) to the abutting property owner at 1013 Lafayette Street (Danielle Rohret) for $1.00 plus costs, to legalize the housing setback and eliminate a common shared driveway setup; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-428. 142852 - Schmitt/Hart that "Resolution approving Easement Agreement between City of Waterloo and Mid - American Energy of Waterloo, IA to dedicate a new 10 foot wide easement for the relocation of a gas line generally located at Lot 23 Morning Side Addition in the 1600 Block of Sycamore Street; 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. 2014-429. 142853 - Schmitt/Hart that "Resolution authorizing Main Street Waterloo to sell the Regional Business Center building, 210-212-214 E. 4th Street, to C. Doyle Properties", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-430. ORDINANCES 142854 - Welper/Hart that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Section 6 of Chapter 2, General Offenses, of Title 5, Police Regulations in conjunction with Discharging Weapons", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. 142855 - Welper/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. 142856 - Welper/Hart that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Section 6 of Chapter 2, General Offenses, of Title 5, Police Regulations in conjunction with Discharging Weapons", 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. 5220. 142857 - Hart/Morrissey that "an Ordinance amending the 2008 Traffic Code by amending Subsection 551, Parking Prohibited At All Times on certain streets, by adding Subsection 416(a) WCFN Drive in conjunction with "Parking Prohibited At All Times" Northwest Side June 2, 2014 Page 4 of WCFN Drive from Longfellow Street to W. Airline Highway", be received, placed on file, considered and passed for the first time Roll call vote -Ayes: Six. Motion carried. 142858 - Hart/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. 142859 - Hart/Morrissey that "an Ordinance amending the 2008 Traffic Code by amending Subsection 551, Parking Prohibited At All Times on certain streets, by adding Subsection 416(a) WCFN Drive in conjunction with "Parking Prohibited At All Times" Northwest Side of WCFN Drive from Longfellow Street to W. Airline Highway", 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. 5221. 142860 - Morrissey/Hart that "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, approving a Rezone on Certain Property in conjunction with rezone request from Rooff Development of Waterloo, Iowa to rezone approximately 0.413 acres from "C-2" Commercial to "C-3" Commercial District to allow for the construction of eight (8) "Brownstone" Style condominiums at the corner of East 3rd Street and Lafayette Street", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Four. Nays: Two (Schmitt/Lind). Motion carried. Dave Schrock, 309-313 Lafayette, expressed concern with the development due to inability to access the parking lot. 142861 - Morrissey/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Five. Nays: One (Schmitt). Motion failed. 142862 - Schmitt/Hart that "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, approving a Site Plan Amendment on Certain Property in conjunction with request by Candeo Church of Waterloo for a site plan amendment to the "B -P" Business Park District, to allow for the establishment of a new church facility and for the construction of a new parking lot for the church facility, located at 3211 Titan Trail", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Six. Motion carried. 142863 - 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. 142864 - Schmitt/Hart that "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, approving a Site Plan Amendment on Certain Property in conjunction with request by Candeo Church of Waterloo for a site plan amendment to the "B -P" Business Park District, to allow for the establishment of a new church facility and for the construction of a new parking lot for the church facility, located at 3211 Titan Trail", be considered and passed for the third time and adopted. Roll call vote -Ayes: Six. Ordinance adopted and upon approval by Mayor assigned No. 5222. 142865 - Welper/Hart that "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, approving a Site Plan Amendment on Certain Property in conjunction with request by Corstang Enterprises, LLC of Waterloo for a site plan amendment to the "B -P" Business Park District, to allow for the construction of a new 10,800 SF commercial building, located at the northeast corner of Cyclone Drive and Titan Trail", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Six. June 2, 2014 Page 5 142866 - Welper/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. 142867 - Welper/Morrissey that "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, approving a Site Plan Amendment on Certain Property in conjunction with request by Corstang Enterprises, LLC of Waterloo for a site plan amendment to the "B -P" Business Park District, to allow for the construction of a new 10,800 SF commercial building, located at the northeast corner of Cyclone Drive and Titan Trail", be considered and passed for the third time and adopted. Roll call vote -Ayes: Six. Ordinance adopted and upon approval by Mayor assigned No. 5223. OTHER COUNCIL BUSINESS 142868 - Hart/Morrissey to instruct Airport Director to prepare plans, specifications, bid document, etc. in conjunction with Haying at Waterloo Regional Airport, be approved. Voice vote -Ayes: Six. Motion carried. 142869 - Hart/Morrissey that plans, specifications, bid document, etc. in conjunction with Haying at Waterloo Regional Airport, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 142870 - Hart/Morrissey that "Resolution preliminarily approving plans, specifications, bid document, etc. in conjunction with Haying at Waterloo Regional Airport", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-431. 142871 - Hart/Morrissey that "Resolution setting date of bid opening as June 12, 2014 and public hearing as June 16, 2014; and instruct City Clerk to publish notice of plans, specifications, bid document, etc. in conjunction with Haying at Waterloo Regional Airport", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-432. 142872 - Hart/Morrissey to instruct Community Planning & Development Director to prepare plans, specifications, form of contract, etc. in conjunction with Asbestos Abatement for the following properties: 223 Independence Avenue, 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, 210 Clay Street, and 421 Almond Street, be approved. Voice vote -Ayes: Six. Motion carried. 142873 - Hart/Morrissey that plans, specifications, form of contract, etc. in conjunction with Asbestos Abatement Services for the following properties: 223 Independence Avenue, 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, 210 Clay Street, and 421 Almond Street, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 142874 - Hart/Morrissey that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with Asbestos Abatement Services for the following properties: 223 Independence Avenue, 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, 210 Clay Street, and 421 Almond Street", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-433. June 2, 2014 Page 6 142875 - Hart/Morrissey that "Resolution setting date of bid opening as June 12, 2014 and public hearing as June 16, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with Asbestos Abatement Services for the following properties: 223 Independence Avenue, 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, 210 Clay Street, and 421 Almond Street", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-434. ORAL PRESENTATIONS Jim Chapman, 224 Bertch Ave., expressed concern with comments made during previous oral comments. Bill Kammeyer, 526 Home Park Ave., asked for the microphones to be turned up and expressed concern with character assassination during Council meetings and selective enforcement of the three minute public comment rule. Randy Herod, 111 Highland, asked for clarification on the ordinance change on firearms. Jim Walsh, City Attorney, announced that Saturday and Sunday there will be a street theatre on the re-enactment of the "Dillinger's Gang Apprehension." 142876 - Hart/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. ADJOURNMENT 142877 - Hart/Schmitt that the Council adjourn at 5:59 p.m. Voice vote -Ayes: Six. Motion carried. Suzy Schres, CMC City Clerk/Human Resource Director