HomeMy WebLinkAboutMinutes-06/16/2014June 16, 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 16, 2014. Mayor Ernest
G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and
Hart.
Moment of Silence.
Pledge of Allegiance: Dennis Clark, General Manager Waterloo Water Works.
142939 - Hart/Schmitt
that the Agenda, as amended by adding 1.b.8 Liquor license for Flirts
Gentlemen's Club, 8.5 reallocation of unspent bond proceeds public hearing and
amending 7. as there were no objections on file and 14. By adding type of bond
series, for the Regular Session on Monday, June 16, 2014, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Six. Nays: One (Morrissey). Motion
carried.
Mr. Morrissey asked for clarification why the Flirts liquor license is a new
license and expressed concern with the location. Suzy Schares, City Clerk,
explained that due to an issue with their insurance the license could not be
renewed and had to apply for a new license. Noel Anderson, Community Planning
and Development Director, noted that they meet the zoning requirements. Mayor
Clark explained that denying the license would likely be overturned by the State
of Iowa.
142940 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, June 9, 2014
and Special Session on June 5, 2014 at 5:30 p.m., be accepted and approved.
Voice vote -Ayes: Seven. Motion carried.
Mayor Clark read a Proclamation declaring June 21St & June 22nd, 2014 as the
Juneteenth Celebration.
CONSENT AGENDA
142941 - 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
16, 2014, in the amount of $2,600,328.02, 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. 2014-466.
2. Request of Kelsie Kidder for a variance to the Noise Ordinance on August
23, 2014 from 6:30 p.m. to 11:00 p.m. in conjunction with Marriage of
Cortney Barron & Luke Mikkelsen to be held at 1319 Jersey Lane including
DJ 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. 2014-467.
3. Request of Main Street Waterloo for a variance to the Noise Ordinance on
July 18, 2014 from 5:30 p.m. - 9:30 p.m. and July 19, 2013 from 12:00 noon
to 9:30 p.m. in conjunction with BBQ'Loo & Blues Too! event to be held at
Lincoln Park including a band/DJ 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. 2014-468.
4. Request of Main Street Waterloo to hold the 13th Annual BBQ'Loo & Blues
Too! event at Lincoln Park on July 16, 2014 from 12:00 noon to July 19th
until 12:00 midnight, to include street closures and barricades for the
400 block of East 4th Street, 500 block of Mulberry Street and 400 block
of Park Avenue for the Sanctioned BBQ competition, together with
recommendation of approval of Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2014-469.
June 16, 2014 Page 2
5. Request to certify the following assessments to properties for work
performed by the Water Works, together with recommendation of approval of
Board of Water Works Trustees:
Address and amount to certify:
522 Beech Street - $4,785.00
215 East 1st Street - $1,711.51
616 Logan Avenue - $2,450.00
1424 Bertch Avenue - $3,200.00
Resolution adopted and upon approval by Mayor assigned No. 2014-470.
6. Approval of the use of MidPort Tax Increment Financing funds for
development for the development of property generally located as a portion
of South Port Second Addition south of Cedar Valley Warehouse, Inc. I be
approved in an amount not to exceed $285,000.00.
Resolution adopted and upon approval by Mayor assigned No. 2014-471.
7. Approval of the use of MidPort Tax Increment Financing funds for
development for the development of property generally located as a portion
of South Port Second Addition be approved in an amount not to exceed
$85,000.00.
Resolution adopted and upon approval by Mayor assigned No. 2014-472.
8. Approval of the use of MidPort Tax Increment Financing funds to obtain a
release of property from the FAA for the development of property generally
located at the northwest corner of Airline Highway and Wagner Road be
approved in an amount not to exceed $240,000.00.
Resolution adopted and upon approval by Mayor assigned No. 2014-473.
9. Approval of the use of MidPort Tax Increment Financing funds for grant
writing services for 2 state RISE grants for the construction of segments
of Geraldine Road (Phase III) and MidPort Boulevard (Phase II) be
approved in an amount not to exceed $4,000.00.
Resolution adopted and upon approval by Mayor assigned No. 2014-474.
10. Approval of the use of MidPort Urban Renewal Area Tax Increment Financing
funds be approved in an amount not to exceed $28,500.00 for the year ended
June 30, 2014 to finance the contract with the Greater Cedar Valley
Alliance.
Resolution adopted and upon approval by Mayor assigned No. 2014-475.
11. Approval of the use of Northeast Industrial Site Urban Renewal Area Tax
Increment Financing funds be approved in an amount not to exceed
$28,500.00 for the year ended June 30, 2014 to finance the contract with
the Greater Cedar Valley Alliance.
Resolution adopted and upon approval by Mayor assigned No. 2014-476.
12. Approval of the use of San Marnan Urban Renewal Area Tax Increment
Financing funds be approved in an amount not to exceed $28,500.00 for the
year ended June 30, 2014 to finance the contract with the Greater Cedar
Valley Alliance.
Resolution adopted and upon approval by Mayor assigned No. 2014-477.
13. Approval of the use of San Marnan Urban Renewal Area Tax Increment
Financing funds for the acquisition of property generally located in the
San Marnan TIF District be approved in an amount not to exceed
$875,000.00.
Resolution adopted and upon approval by Mayor assigned No. 2014-478.
14. Approval of the use of Downtown Urban Renewal Area Tax Increment Financing
funds be approved in the amount of $40,000.00 for the year ended June 30,
2014 for the contract with the Main Street.
Resolution adopted and upon approval by Mayor assigned No. 2014-479.
15. Approval of the use of Logan Tax Increment Financing funds for the
redevelopment of the site of a dilapidated, vacant structure for retail
use be approved in an amount not to exceed $35,000.00
Resolution adopted and upon approval by Mayor assigned No. 2014-480.
June 16, 2014 Page 3
16. Approval of the use of Logan Tax Increment Financing funds to be used for
the redevelopment of a parking lot into a site for retail use be approved
in an amount not to exceed $50,000.00.
Resolution adopted and upon approval by Mayor assigned No. 2014-481.
17. Approval of the use of Logan Tax Increment Financing funds to be used for
the redevelopment of a site for retail and mixed use buildings be
approved in an amount not to exceed $360,000.00.
Resolution adopted and upon approval by Mayor assigned No. 2014-482.
18. Approval of the use of Logan Tax Increment Financing funds to be used for
the redevelopment of a site for retail use be approved in an amount not
to exceed $125,000.00.
Resolution adopted and upon approval by Mayor assigned No. 2014-483.
b. Motion to approve the following:
1.
2.
Travel Requests
Name & Title
Class/Meeting
Destination
Expiration
Date
Amount not
of Personnel
Class E Liquor,
Class B Wine,
Class C Beer
Renewal
Date(s)
to exceed
Officer
2014 International
Chicago, IL
08/11/14-
$850.00
Savage
Gang Specialist
New
08/13/14
X
Conference
Sergeant
Hazardous Device
Huntsville,
07/20/14-
$300.00
Hoelscher &
School
AL
07/26/14
Officer Bram
3. Recommendation of appointment of Michael Bearbower and John Holler to the
position of Sewer Maintenance Worker at the Waste Management Service
Dept., pending their pre-employment physical exam. Start date for Michael
Bearbower will be June 17, 2014 and start date for John Holler will be
July 7, 2014.
4. Recommendation of re -appointment of John Blitsch to the Civil Service
Commission with term expiration of 4/1/2015.
5. Recommendation of appointment of Tenesha Diekman to the Human Rights
Commission with term expiration of 6/16/2017.
6.
7.
8.
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Hy -Vee Food Store
#2
2181 Logan Ave.
Class E Liquor,
Class B Wine,
Class C Beer
Renewal
03/23/15
X
WCA Building &
Amphitheatre
225 Commercial St.
Special Class C
(BW) and Outdoor
Service
Renewal
06/21/15
X
Flirt's Gentlemen
Club
319 Jefferson St.
Class C Liquor
New
06/11/15
X
9. Motion to receive and file the Iowa Public Official Bond for Trustees
Members Mary Potter and Scott Wienands.
10. Bonds
Cigarette/Tobacco Permit Renewal Applications
11) A&S Petroleum dba King Star, 127 Jefferson St.
12) Ali's Liquor, 1117 E. 4th Street
13) E Z International, Inc. dba B & B East, 1615 Bishop Ave.
14) Caseys 218 Pub, Inc., 4014 University Ave.
15) Caseys Pub West Donald, Inc., 1125 W. Donald St.,
16) Casey's Marketing Co. dba Casey's General Store #2427,3035 Logan Ave.
17) Casey's Marketing Co. dba Casey's General Store #2866, 51 E. Tower
Park Dr.
18) Casey's Marketing Co. dba Casey's General Store #2867, 2424 Ranchero
Rd.
19) Casey's Marketing Co. dba Casey's General Store #2879, 3260
University Ave.
20) Casey's Marketing Co. dba Casey's General Store #2880, 1604 LaPorte
Rd.
21) CVS Pharmacy #8544, 1825 E. San Marnan Dr
22) CVS Pharmacy #8546, 205 Franklin St.
June 16, 2014 Page 4
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Ravion,
Fareway
Johnson
Hy -Vee,
Hy -Vee,
Hy -Vee,
Hy -Vee,
Hy -Vee,
Hy -Vee,
Hy -Vee,
Hy -Vee,
Inc.
Stor
Groc
Inc.
Inc.
Inc.
Inc.
Inc.
Inc.
Inc.
Inc.
dba Prime Mart 3, 1008 LaPorte Rd.
es, Inc. #951, 40 W. San Marnan Drive
ery dba Hometown Foods, 1010 E. Mitchell Ave.
dba Hy -Vee Food Store #1, 2834 Ansborough Ave.
dba Hy -Vee Wine & Spirits #1, 2126 Kimball Ave.
dba Hy -Vee Food Store #2, 2052 Logan Ave.
dba Hy -Vee Gas #2, 2221 Logan Ave.
dba Hy -Vee Food Store #3, 1422 Flammang Dr.
dba Hy -Vee Gas #3, 1512 Flammang Dr.
dba Hy -Vee Food Store #4, 4000 University Ave.
dba Hy -Vee C -Store #4, 3700 University Ave.
Ridgeway Ave.
Jim Lind Service, 230 E
Karma Bar, 309 W. 4th St.
Kmart Corp. dba Kmart #4158, 3810 University Ave.
Kum & Go, #211, 1976 Franklin
Kum & Go, #212, 117 E. San Marnan
Kwik Star #380, 506 W. 9th St.
Kwik Star #732, 324 Fletcher Ave.
Kwik Star #724, 1105 Cedar Bend Dr.
Kwik Star #723, 707 Broadway St.
Kwik Star #722, 1214 Franklin St.
Kwik Star #715, 1636 W. 4th St.
Kwik Stop #3, 1104 Washington St.
Kwik Stop #4, 515 Broadway St.
Metro Mart #1, 3201 W. 4th St.
Metro Mart #4, 2332 Falls Ave.
Nat'l Cigar Store, 617 Sycamore St
Sycamore Convenience, 619 Sycamore St.
Tobacco Outlet Plus #500, 1803 LaPorte Rd.
Walgreens #10855, 1850 Logan Ave.
Walgreens #07455, 111 W. Ridgeway Ave.
Walgreens #03590, 3910 University Ave.
Roll call vote -Ayes: Seven. Item 1.b.8. Ayes: Six. Nays: One (Morrissey).
Motion carried. Mr. Schmitt abstained from a bills payment to Schmitt Telecom in
the amount of $306.94.
PUBLIC HEARINGS
142942 - Schmitt/Hart
that proof of publication of notice of public hearing on request on Public Works
Salt Storage Facility, as published in the Waterloo Courier on May 30, 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.
142943 - Schmitt/Hart
that the hearing be closed.
142944 - Schmitt/Hart
Voice vote -Ayes: Seven. Motion carried.
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with Public Works Salt Storage Facility", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-484.
142945 - Schmitt/Hart
that "Resolution ordering construction in conjunction with Public Works Salt
Storage Facility", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-485.
142946 - Schmitt/Hart
to receive, file and instruct City Clerk to read bids and refer to Public Works
Director for review: Voice vote -Ayes: Seven.
Bidder
Bid Security
Bid Amount
Aspro, Inc.
P.O. Box 2620.
Waterloo, IA 50704
5%
$54,510.00
+ Alternate $6,600.00
June 16, 2014 Page 5
142947 - Welper/Hart
that proof of publication of notice of public hearing on F.Y. 2015 Sidewalk
Inspection and Repair Program - Zone 4, as published in the Waterloo Courier on
May 30, 2014 and June 6, 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.
Don Lavonn, First Church of the Open Bible, requested an extension until October
to make the necessary repairs.
Wayne Castle, Associate Engineer, explained the requirements and noted that some
of the sidewalk needs cleaned and the amount estimated could be high.
142948 - Welper/Hart
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
142949 - Welper/Hart
that "Resolution authorizing proposed repairs to sidewalk", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-486.
142950 - Welper/Hart
that "Resolution adopting Proposed Resolution of Necessity, as proposed or
amended", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-487.
142951 - Hart/Morrissey
that proof of publication of notice of public hearing on Haying at Waterloo
Regional Airport, as published in the Waterloo Courier on June 5, 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.
142952 - Hart/Welper
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
142953 - Hart/Morrissey
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with Haying at Waterloo Regional Airport", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-488.
142954 - Hart/Morrissey
that "Resolution authorizing to proceed in conjunction with Haying at Waterloo
Regional Airport", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-489.
142955 - Hart/Morrissey
to receive, file and instruct City Clerk to read bids and refer to airport
Director for review: Voice vote -Ayes: Seven.
Bidder
Bid Amount
Martinson Construction
3842 West Airline Hwy.
Waterloo, IA 50703
5'x5' Round Bale @ $20.00/bale
June 16, 2014 Page 6
142956 - Hart/Morrissey
that "Resolution approving award of contract to Martinson Construction of
Waterloo, Iowa in the amount of $20.00 per 5'x5' round bale in conjunction with
Haying Lease at Waterloo Regional Airport; and approving the Contract and
Certificate; and authorize Mayor and City Clerk to execute said document", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2014-490.
142957 - Schmitt/Hart
that proof of publication of notice of public hearing on request of Howard L.
Allen Investments, Inc. to vacate, and enter into a Development Agreement with
Howard L. Allen Investments, Inc. to sell and convey for $1.00, a portion of the
La Porte Road frontage road, generally located between Easton Avenue and
Lorraine Avenue, for the construction of a 3,750 sq. ft. commercial building, as
published in the Waterloo Courier on June 6, 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.
Mr. Jones asked what the zoning is at that location.
Noel Anderson, Community Planning and Development Director, explained that the
properties adjacent to the area are zoned C-2.
Mr. Jones asked what types of businesses are able to develop there.
Mr. Schmitt asked what type of businesses could not be built there.
Noel Anderson, Community Planning and Development Director, stated that a
business that sells liquor, payday services, and adult entertainment would not
be able to build there.
142958 - Schmitt/Hart
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
142959 - Schmitt/Hart
that "an Ordinance vacating a portion of the La Porte Road frontage road,
generally located between Easton Avenue and Lorraine Avenue, in conjunction with
request of Howard L. Allen Investments, Inc. for the vacation, sale and
conveyance of a portion of the La Porte Road frontage road, generally located
between Easton Avenue and Lorraine Avenue, with a portion to be conveyed to
Howard L. Allen Investments, Inc. for $1.00 and enter into a development
agreement, subject to the retention of a utility easement over certain portions
and subject to certain conditions", be received, placed on file, considered and
passed for the first time. Roll call vote -Ayes: Seven. Motion carried.
142960 - Schmitt/Hart
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.
142961 - Hart/Morrissey
that proof of publication of notice of public hearing on request by City of
Waterloo to sell and convey the 4' portion of lot 8 (formerly 1019 Lafayette
Street) to the abutting property owner at 1013 Lafayette Street for Danielle
Rohret for $1.00 plus costs, to legalize the housing setback and eliminate a
common shared driveway setup, subject to the retention of utility and access
easements over portions of the area to be conveyed, as published in the Waterloo
Courier on June 5, 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
any oral objections and there were none.
142962 - Hart/Morrissey
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
June 16, 2014 Page 7
142963 - Hart/Morrissey
that "Resolution authorizing said sale and conveyance, and authorize City
Attorney to prepare and deliver deed accordingly in conjunction with request by
City of Waterloo to sell and convey the 4' portion of lot 8 (formerly 1019
Lafayette Street) to the abutting property owner at 1013 Lafayette Street for
Danielle Rohret for $1.00 plus costs, to legalize the housing setback and
eliminate a common shared driveway setup", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2014-491.
142964 - Hart/Morrissey
that proof of publication of notice of public hearing on Development Agreement
between the City of Waterloo and ElizabethBlake, LLC, for the construction of a
7,500 SF industrial building at 2005 Westfield Avenue, adding $220,000.00 of
taxable value to the site, and offering a grant up to $40,000.00 for sanitary
sewer line relocation, as published in the Waterloo Courier on June 5, 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.
142965 - Hart/Cole
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
142966 - Hart/Morrissey
that "Resolution authorizing said Development Agreement between the City of
Waterloo and ElizabethBlake, LLC, for the construction of a 7,500 SF industrial
building at 2005 Westfield Avenue, adding $220,000.00 of taxable value to the
site, and offering a grant up to $40,000.00 for sanitary sewer line relocation
at a cost of $1.00", be adopted; and authorize City Attorney to prepare and
deliver deed accordingly. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-492.
142967 - Cole/Hart
that proof of publication of notice of public hearing on Asbestos Abatement
Services request for Proposals for the following properties: 3137 Independence
Avenue, 2375 Independence Avenue, 4012 Leversee Road, and 421 Almond Street, as
published in the Waterloo Courier on June 5, 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.
142968 - Cole/Hart
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
142969 - Cole/Hart
that "Resolution confirming approval of request for proposals, plans,
specifications, form of contract, etc. in conjunction with Asbestos Abatement
Services request for Proposals for the following properties: 3137 Independence
Avenue, 2375 Independence Avenue, 4012 Leversee Road, and 421 Almond Street",
be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-493.
142970 - Cole/Hart
that "Resolution authorizing to proceed in conjunction with Asbestos Abatement
Services request for Proposals for the following properties: 3137 Independence
Avenue, 2375 Independence Avenue, 4012 Leversee Road, and 421 Almond Street", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-493A.
142971 - Cole/Hart
to receive, file and instruct City Clerk to open and read bids and refer to
Community Planning & Development Director for review: Voice vote -Ayes: Seven.
Motion carried.
June 16, 2014
Page 8
Bidder
Bid Security
Bid Amount
AAA Budget
Environmental, Inc.
1900 Walnut St.
Cedar Falls, IA 50613
N/A
$9,550.00
Active Thermal
Concepts
2805 Stonegate Ct.
Hiawatha, IA 52233
N/A
$15,310.00
Advanced Environmental
803 Ricker Street
Waterloo, IA 50703
N/A
$8,888.00
142972 - Welper/Morrissey
that proof of publication of notice of public hearing on Reallocation of unspent
bond proceeds from the 2008A General Obligation Bonds in an amount not to exceed
$75,000.00 for a general corporate purpose, which bonds will be used to provide
funds to pay costs of repairing the parking lot at the Public Library, as
published in the Waterloo Courier on June 11, 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.
John Sherbon, 1715 Robin Road, spoke in opposition to the reallocation of
unspent bond proceeds.
Mr. Schmitt asked for clarification of the Library parking lot project.
Craig Clark, Building Official, explained the location of the project.
142973 - Welper/Hart
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
142974 - Welper/Hart
that "Resolution to institute proceedings to take additional action and approve
said reallocation in conjunction with Reallocation of unspent bond proceeds from
the 2008A General Obligation Bonds in an amount not to exceed $75,000.00 for a
general corporate purpose, which bonds will be used to provide funds to pay
costs of repairing the parking lot at the Public Library", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-494.
RESOLUTIONS
142975 - Morrissey/Welper
that Change Order for a net decrease of $29,121.39 for work performed by Larson
Construction Company of Independence, Iowa for the F.Y. 2011 City of Waterloo
Public Works Facility Construction Project, Contract No. 810; and authorize
Mayor and City Clerk to execute said document. Voice vote -Ayes: Seven. Motion
carried.
142976 - Morrissey/Welper
that "Resolution approving Completion of Project and Recommendation of
Acceptance of Work performed by Larson Construction Company of Independence,
Iowa at a total cost of $8,642,878.61, for the F.Y. 2011 City of Waterloo Public
Works Facility Construction Project, Contract No. 810; and authorize release of
retainage in the amount of $419,263.11", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-496.
142977 - Morrissey/Welper
that "Resolution approving Memorandum of Understanding with Iowa Northland
Regional Council of Governments (INRCOG) in an amount not to exceed $2,000.00
for the writing, preparation, and submittal of a REAP grant application
requesting up to $200,000.00 for improvements to Sherwood Park Recreation Area;
and authorize Mayor and City Clerk to execute said document", be adopted. Roll
call vote -Ayes: Seven.
June 16, 2014 Page 9
Resolution adopted and upon approval by Mayor assigned No. 2014-497.
142978 - Morrissey/Welper
that "Resolution approving agreement with City Attorney James E. Walsh, Jr. and
Clark, Butler, Walsh and Hamman for legal services at the rates of $1,750.00 per
month and at $130.00 per hour for attorneys and $70.00 per hour for paralegal
services", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-498.
142979 - Cole/Hart
that "Resolution to appoint Bankers Trust Company, of Des Moines, Iowa to serve
as Paying Agent, Bond Registrar, and Transfer Agent; approve the Paying Agent
and Bond Registrar and Transfer Agent Agreement; and Authorizing the Execution
of the Agreement in conjunction with issuance of $10,065,000.00 General
Obligation Bonds, Series 2014A", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-499.
142980 - Cole/Hart
that "Resolution to authorize the issuance of said bonds and levying a tax to
pay said bonds, approve the Tax Exemption Certificate, the Continuing Disclosure
Certificate, and Funding Trust Agreement securing the refunding of General
Obligation Bonds, Series 2006A", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-500.
142981 - Hart/Morrissey
that "Resolution to appoint Bankers Trust Company, of Des Moines, Iowa to serve
as Paying Agent, Bond Registrar, and Transfer Agent; approve the Paying Agent
and Bond Registrar and Transfer Agent Agreement; and Authorizing the Execution
of the Agreement in conjunction with issuance of $4,970,000.00 General
Obligation Bonds, Taxable Series 2014B", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-501.
142982 - Hart/Morrissey
that "Resolution to authorize the issuance of said bonds and levying a tax to
pay said bonds; approve the Continuing Disclosure Certificate, and approve the
Funding Trust Agreement securing the refunding of Capital Loan Notes, Series
1998", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-502.
142983 - Schmitt/Hart
that "Resolution to appoint Bankers Trust Company, of Des Moines, Iowa to serve
as Paying Agent, Bond Registrar, and Transfer Agent; approve the Paying Agent
and Bond Registrar and Transfer Agent Agreement; and Authorizing the Execution
of the Agreement in conjunction with issuance of $8,515,000.00 General
Obligation Refunding Bonds, Series 2014C", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-503.
142984 - Schmitt/Hart
that "Resolution to authorize and provide for issuance of said bonds and levying
a tax to pay said bonds, approve the Tax Exemption Certificate, and approve the
Continuing Disclosure Certificate, and approve Refunding Trust Agreement
securing the advance refunding of General Obligation Bonds, Series 2007A", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-503A.
142985 - Morrissey/Hart
that "Resolution approving submittal of a State Recreational Trails Funds
application to Iowa Department of Transportation for $750,000.00, with local
match not to exceed $400,000.00, for the Highway 63 Recreation Trail Extension;
and authorize Mayor and City Clerk to execute said document", be adopted. Roll
call vote -Ayes: Seven.
June 16, 2014
Resolution adopted and upon approval by Mayor assigned No. 2014-504.
142986 - Morrissey/Hart
Page 10
that "Resolution approving Right -of -Way License Agreement with CBE Companies,
Inc. allowing the use of city right-of-way for a communication system; and
authorize Mayor and City Clerk to execute said document", be adopted. Roll call
vote -Ayes: Six. Abstain: One (Jones - this is his employer).
Resolution adopted and upon approval by Mayor assigned No. 2014-506.
142987 - Morrissey/Hart
that "Resolution approving Property Lease and Exchange Lease Agreements with R &
S Commercial LLC and R & S Rental LLC (SJ Construction) of Waterloo, Iowa for
the lease of City owned land located on the northwest corner of East 9th and
Sycamore Streets in the amount of $1.00 for a term ending December 31, 2014; 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. 2014-507.
142988 - Schmitt/Lind
that "Resolution to approve amending General Rules for Public Participation at
City Council meetings for speaking from a maximum of three (3) minutes to a
maximum of five (5) minutes", be adopted. Roll call vote -Ayes: Two. Nays: Five
(Morrissey, Welper, Hart, Cole, Jones). Motion failed.
Mr. Morrissey requested that they amend the agenda item to say that if they pre -
register by 4:00 p.m. on Monday they can speak for 5 minutes or they will
receive 3 minutes. Mr. Schmitt declined to amend his motion.
Mr. Schmitt clarified why he encourages expansion of the time limit. He
explained that it is for item number 2 and 4 on the General Rules for Public
Participation which will include items on the agenda and oral comments.
Mr. Lind stated that if it does not work, it can be changed back.
Mr. Welper spoke in support of staying with 3 minutes.
Bruce Kaiser, 627 Sycamore Street, questioned if a group of individuals could
each speak on the same topic.
Mr. Welper likes the time clock only when a topic has a lot of speakers.
Forest Dillavou, 1725 Huntington Rd., spoke in support of lengthening the time
limit for speaking.
Bill Kammeyer, 526 Home Park Blvd., spoke in support of the extension and asked
for explanations of each item.
Steve Murphy, 124 Terrance Dr., spoke in support of the extension due to
transparency.
Josh Wilson, 2831 Saratoga, asked to not have a time limit and leave it up to
the Mayor to enforce the rules of the meeting if there is a time limit.
Randy Herod, 111 Highland Blvd., spoke in support.
Mr. Hart spoke for having a time limit and lengthening the time if they pre -
register.
Mr. Schmitt pointed out the time clock is not part of the discussion and he
suggested not allowing individuals to go over the time limit.
Mr. Morrissey explained that other cities have rules for time limits and those
that were contacted allowed a range of time from 3 to 15 minutes and the Mayor
presides over of the meeting.
142989 -Morrissey/Hart
that "Resolution to approve amending General Rules for Public Participation at
City Council meetings for speaking from a maximum of three (3) minutes to a
maximum of five (5) minutes or longer if the Mayor approves when the individual
pre -registers by 4:00 p.m. on the Monday of the meeting if not the (3) minute
rule remains", be adopted. Roll call vote -Ayes: Two. Nays: Five (Welper, Cole,
Jones, Schmitt, Lind). Motion failed.
June 16, 2014 Page 11
Mr. Schmitt expressed concern with leaving the authority to the Mayor to
lengthen the time.
Mr. Lind spoke in opposition to leaving the authority to the Mayor.
Steve Murphy, 124 Terrance Dr., spoke in opposition to leaving the authority to
the Mayor.
Randy Herod, 111 Highland Blvd., spoke in opposition to leaving the authority to
the Mayor.
Rev. Loggins, 233 Oliver St., spoke in support of lengthening the time to 5
minutes.
Josh Wilson 2831 Saratoga, expressed concern with looking in the past.
Mayor Clark expressed concern with the motion if it is not on a specific topic.
Mr. Schmitt reported that if the motion was just to pre -register and not have
Mayor authority he would support it.
142990 - Schmitt/Lind
that "Resolution to approve amending General Rules for Public Participation at
City Council meetings for speaking from a maximum of three (3) minutes to a
maximum of five (5) minutes when the individual pre -registers by 4:00 p.m. on
the Monday of the meeting if not the (3) minute rule remains", be adopted. Roll
call vote -Ayes: Ayes: Four. Nays: Three. (Welper, Cole, Jones).
Resolution adopted and upon approval by Mayor assigned No. 2014-508.
ORAL PRESENTATIONS
Agris Aperans, 1319 Pintail, spoke in opposition to the proposed development in
our neighborhood adding 148 new dwelling units when traffic is already an issue.
Randy Herrod, 111 Highland Blvd., asked for zoning and ward maps to be on the
City website. 40 et 8 Veteran Organization of Black Hawk County will be holding
a Bluegrass event on August 1, 2, and 3, 2014 at Antique Acres, Cedar Falls.
Bill Kammeyer, 526 Home Park Blvd., thanked Council for the dialogue that took
place tonight.
Forest Dillavou, 1725 Huntington Road, expressed concern with Downing Avenue
sidewalk repair that was done and now the sidewalks are tore up.
David Dryer, 3145 W. 4th Street, expressed concern with the additional funds
being spent on bike trails and not on University Avenue or 4th Street. He
suggested all of Council having lapel microphones.
Mayor Clark noted that the negotiations with the DOT will be starting by mid-
July regarding University Avenue.
142991 - Hart/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
142992 - Hart/Schmitt
that the Council adjourn at 7:34 p.m. Voice vote -Ayes: Seven.
Suzy Sch:res, CMC
Motion carried.
City Clork/Human Resource Director