HomeMy WebLinkAboutMinutes-06/23/2014June 23, 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 23, 2014. Mayor Ernest
G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and
Hart.
Moment of Silence.
Pledge of Allegiance: Mayor Buck Clark.
142993 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, June 23, 2014,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
142994 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, June 16, 2014,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
142995 - 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
23, 2014, in the amount of $3,300,159.47, 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. 2014-509.
2. Request from Co -Pastor Judeda Hill and Gift of Life Church for a variance
to the Noise Ordinance on October 4, 2014 from 1:00 p.m. - 7:00 p.m. in
conjunction with Fall Festival event to be held at 1651 Sycamore & empty
lot next to it including the use of a PA system along with gospel music,
together with recommendation of approval of Director of Safety Service.
Resolution adopted and upon approval by Mayor assigned No. 2014-510.
3. Request from New Living Hope Apostolic Church for a variance to the Noise
Ordinance on Saturday July 12, 2014 from 1:00 p.m. - 5:00 p.m. in
conjunction with Evangelistic Service to be held at the park across from
Newton's Cafe at 128 E 4th Street small band and PA system, together with
recommendation of approval of Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2014-511.
4. Request of Kathy & Mike Joblinske for tax exemptions for the construction
of a new single family home valued at $380,000.00 located at 5024 South
Fork Lane and located in the City Limits Urban Revitalization Area
(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2014-512.
5. Request of Tamara Stocks for tax exemptions for the construction of a new
twin home (condo) valued at $175,000.00 located at 4147 Mourning Dove
Drive and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2014-513.
6. Request of Carol Deterding for tax exemptions for the construction of a
new townhome valued at $80,000.00 located at 4155 Mourning Dove Drive and
located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2014-514.
7. Request of Jon Kieler for tax exemptions for the construction of a new
single family home valued at $320,000.00 located at 4727 Yellowstone Drive
and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2014-515.
June 23, 2014
Page 2
8. Authorizing the transfer of $6,629,029.00 from Fund 200, Trust & Agency
Fund, to Fund 010, General Fund to reimburse the general fund for eligible
employee benefits expenses.
Resolution adopted and upon approval by Mayor assigned No. 2014-516.
9. Authorizing the transfer of $627,067.45 from Fund 200, Trust & Agency
Fund, to Fund 010, General Fund to reimburse the general fund for the
amount of the emergency levy received.
Resolution adopted and upon approval by Mayor assigned No. 2014-517.
10. Authorizing the transfer of $48,318.00 from Fund 010, General Fund to Fund
100, Debt Service Fund in payment of debt payments made during FYE14 for
the Five Sullivan Brothers Convention Center renovation.
Resolution adopted and upon approval by Mayor assigned No. 2014-518.
11. Authorizing the transfer of $398,880.00 from Fund 010, General Fund to
Fund 100, Debt Service Fund in payment of the Vision Iowa portions of
general obligation bond principal and interest.
Resolution adopted and upon approval by Mayor assigned No. 2014-519.
12. Authorizing the transfer of $2,432,414.37 from Fund 101, Tax Increment
Financing Fund to Fund 100, Debt Service Fund for the TIF portions of
general obligation bond principal and interest paid during the fiscal year
ending June 30, 2014.
Resolution adopted and upon approval by Mayor assigned No. 2014-520.
13. Authorizing the transfer of $3,010,950.95 from Fund 520, Sewer Fund to
Fund 100, Debt Service Fund. This transfer is for the sewer fund portion
of general obligation bond principal and interest paid during the fiscal
year ending June 30, 2014.
Resolution adopted and upon approval by Mayor assigned No. 2014-521.
14. Authorizing the transfer of $3,230,000.00 from Fund 520, Sewer Fund to
Fund 100, Debt Service Fund for the sewer fund portion of the general
obligation bond issues refunded in June 2014.
Resolution adopted and upon approval by Mayor assigned No. 2014-522.
15. Authorizing the transfer of $247,840.41 from Fund 010, General Fund, to
Fund 424, Vision Iowa Projects Fund. This transfers a portion of the
distributions from the Black Hawk County Solid Waste Commission to the
Vision Iowa Projects Fund to pay the final amounts for construction and
related engineering services for the Riverwalk Loop and Lower Plaza
contracts.
Resolution adopted and upon approval by Mayor assigned No. 2014-523.
16. Authorizing the transfer of $40,000.00 from Fund 101, Tax Increment
Financing, to General Fund, Fund 010, to reimburse contract expenses paid
by the General Fund for the contract with Main Street.
Resolution adopted and upon approval by Mayor assigned No. 2014-524.
17. Authorizing the transfer of $38,500.00 from Fund 101, Tax Increment
Financing, to General Fund, Fund 010, to reimburse contract expenses paid
by the General Fund for the Greater Cedar Valley Alliance contract.
Resolution adopted and upon approval by Mayor assigned No. 2014-525.
18. Authorizing the transfer of $10,000.00 from Fund 101, Tax Increment
Financing, to General Fund, Fund 010, to reimburse contract expenses paid
by the General Fund for the Greater Cedar Valley Alliance contract,
subject to approval by City council for the incentive payment.
Resolution adopted and upon approval by Mayor assigned No. 2014-526.
19. Authorizing the transfer of $1,315,999.03 from Fund 101, Tax Increment
Financing Fund to Fund 426, Capital Improvements Fund to reimburse amounts
paid for the following projects:
a. L&H Farms land purchase $857,909.51
b. CV Warehouse economic development grant 271,582.00
June 23, 2014
c. MMC Properties economic development grant 73,868.00
d. FAA release of property 29,316.29
e. Grant writing services for 2 state RISE grants 4,000.00
f. Secor Railroad Spur Project 17,540.73
g. TechWorks development services 4,410.00
h. 401-409 Franklin property acquisition 32,172.50
i. Logan area property appraisals 5,200.00
j. Government Relations contract 20,000.00
Total
$1,315,999.03
Resolution adopted and upon approval by Mayor assigned No. 2014-527.
b. Motion to approve the following:
1.
Page 3
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
exceed
Officer Herkelman
Defensive Tactics
Instructor Recert.
Johnston,
IA
08/20/14
$165.00
2. Recommendation of appointment of Bryan Foster to the position of Forestry
Specialist from the current Civil Service list. This will become effective
July 1, 2014.
3. Mayor Clark's recommendation of the following appointments:
4.
5.
6.
7.
8.
9.
Appointee
Board/Commission
Expiration
Date
New or Re -
Appointment
A. Doreen
Mingo
Community Development
Board
07/01/17
New Appointment
Brooke Trent
Community Development
Board
07/01/17
New Appointment
Pennie Drew
Metropolitan Transit
Authority Board
06/30/17
New Appointment
Barb Prather
Metropolitan Transit
Authority Board
06/30/17
New Appointment
Jack Good
Metropolitan Transit
Authority Board
06/30/17
New Appointment
Greg Zars
Metropolitan Transit
Authority Board
06/30/17
Re -Appointment
Akela
McDonald
Metropolitan Transit
Authority Board
06/30/17
Re -Appointment
Jan Han
Library Board of
Trustees
06/30/20
Re -Appointment
Sherman Wise
Waterloo Convention &
Visitors Bureau
06/30/17
New Appointment
Ms. Jane
Gordon
Waterloo Convention &
Visitors Bureau
06/30/17
New Appointment
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Riverloop Public Market
Cooperative
327 W 3rd St.
Class B Beer &
Class C Native
Wine & Outdoor
Sales
Renewal
05/07/15
X
Legs
212 E 4th St., Ste 103
Class C Beer &
Class B Wine
New
05/15/15
Kum & Go #211
1976 Franklin St.
Class E Liquor,
Class C Beer
Renewal
06/30/15
X
Kwik Stop
4335 Texas St.
Class E Liquor
Renewal
04/30/14
X
Kwik Stop
4335 Texas St.
Class E Liquor
Renewal
04/30/15
X
Coffee Bar Piramida
712 Jefferson St.
Class C Liquor
Renewal
02/23/15
X
June 23, 2014
Page 4
Fireworks Display Application
10. Sunnyside Country Club, 1600 Olympic Drive (July 4, 2014 with alternate as
July 5, 2014)
11. Cedar Valley Jaycees, National Cattle Congress Grounds & Sans Souci Island
(July 5, 2014 with alternate as July 6, 2014)
12. Bamboo Ridge Campgrounds, 4550 Hess Road (July 4, 2014)
13. Bonds
Cigarette/Tobacco Permit Renewal Applications
14. Bamboo Ridge Campground, 4550 Hess Rd.
15. Broadway Liquor, 821 Broadway St.
16. Chasers Pub, 3005 University Ave.
17. Cork's Grocery, 1956 Lafayette St.
18. Edos Sports Bar, 110 E llth St.
19. Independence Ave. Liquor & Food, 1761 Independence Ave.
20. Jims Food, 437 Sullivan Ave.
21. Liquor and Tobacco Outlet, 2844 University Ave.
22. Locker Room Lounge, 1918 Hawthorne Ave.
23. Logan Ave. Convenience Store, 735 Logan Ave.
24. Nascor, Inc./New Star Liquor, 1625 W. 4th St.
25. ISM, LLC/New Star Liquor, 1309 Lafayette St.
26. New Star, LLC/New Star Mart, 315 Fletcher Ave.
27. Ravion, Inc./Prime Mart 5, 508 Broadway St.
28. Romantix/Adult Emporium, 1507 N. LaPorte Rd.
29. Smokers Choice, 210 W. 18th St.
30. Waterloo General Market, 822 LaPorte Rd.
31. Sood, Inc./X-O-Food & Liquor, 428 Franklin St.
32. Toba Pak, Inc./Save More Foods, 1975 Franklin St.
33. West Side Liquor, 919 W. 5th St.
34. Gerand, LLC/Crossroads BP, 2035 E. Mitchell Ave.
35. Smittys Bar, 709 Jefferson
36. Wal-Mart Store, Inc./Walmart #1496, 1334 Flammang Drive
37. Sam's West, Inc./Sam's Club #6514, 210 E Tower Park Dr.
Roll call vote -Ayes: Seven. Motion carried.
Mr. Lind questioned if a transfer could be made from a TIF District to pay for
police and fire operations.
Mayor Clark and Michelle Weidner, Chief Financial Officer, explained that it
cannot be done. The expenditure in question is directly related to economic
development which is allowable.
Mayor Clark recognized Brian Foster for his appointment as a Forestry specialist
and recognized the new board and commissions appointees.
PUBLIC HEARINGS
142996 - Schmitt/Hart
that proof of publication of notice of public hearing on request by City of
Waterloo to vacate the 20' platted alley, generally located adjacent to 316-318
W. 3rd Street, subject to the retention of a utility easement over, under and
upon the entire area to be vacated, as published in the Waterloo Courier on June
12, 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 questioned if this parcel connects to the building.
Noel Anderson, Community Development Director, noted that there is a row of
trees in the plan.
142997 - Schmitt/Hart
that the hearing be closed and oral and written comments be received and file
oral and written comments and recommendation of approval of Planning,
Programming and Zoning Commission. Voice vote -Ayes: Seven. Motion carried.
142998 - Schmitt/Hart
that "an Ordinance vacating the 20' platted alley, generally located adjacent to
316-318 W. 3rd Street, subject to the retention of a utility easement over,
under and upon the entire area to be vacated", be received, placed on file,
considered and passed for the first time. Roll call vote -Ayes: Seven. Motion
carried.
June 23, 2014
142999 - Schmitt/Hart
Page 5
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
143000 - Schmitt/Hart
that "an Ordinance vacating the 20' platted alley, generally located adjacent to
316-318 W. 3rd Street, subject to the retention of a utility easement over,
under and upon the entire area to be vacated", be received, placed on file,
considered and passed for the first time", be considered and passed for the
second and third times and adopted. Roll call vote -Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 5225.
143001 - Cole/Hart
that proof of publication of notice of public hearing on rezone request from
Robson Homes, Inc. of Cedar Rapids, Iowa to rezone approximately 6.47 acres of
land located just east of Mourning Dove Drive from "R-3" Multiple Residence
District and Site Plan Amendment to the "R -3,R -P" Planned Multiple Residence
District, for 148 new dwelling units located on 20.63 acres of land, generally
located east of Mourning Dove Drive, as published in the Waterloo Courier on
June 12, 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 on file at the City Clerk's office.
Ron Bockenstedt, 1234 Hummingbird Lane, spoke in opposition to the proposed
rezone due to traffic flow. He suggested a new intake and output road to be
established for the new subdivision. He presented a petition that is on file in
the City Clerk's office.
Larry Oltrogge, 1236 Hummingbird Lane, spoke in opposition to the proposed
rezone and site plan amendment due to emergency response ability and lack of on
road parking. He expressed concern with the number of vacant lots in the City,
the lack of taxes to be collected on the new properties, water runoff, and
financing of condo associations.
Donald Peterson, 1333 Pintail Drive, expressed concern with the contractors
being used for the construction.
Kathleen Zmolek, 1121 Hummingbird Circle, expressed concern with the traffic.
She asked that enforcement be done on the truck traffic.
Sara Turner, 1217 Hummingbird Circle, expressed concern with the speeding
traffic in the neighborhood.
Jim Mease, 1309 Pintail Drive, expressed concern with the roads, the noise, and
the traffic due to the contractor traffic.
Ron Cufr, 420 Bobolink Drive, expressed concern with the traffic and his street
being used as a turn around.
Todd Happel, Anderson -Bogert Engineers & Surveyors, Inc. on behalf of Robson
Homes, reported that Robson Homes will contact the contractors to be sure they
are using Sarah Drive. He did suggest coming off of Crossroads Blvd. and
possibly Hess Road as future developments take place. This would probably be in
three or four years down the road.
Ms. Cole questioned if the next development will be single or multiple family
units.
Mr. Welper questioned how many units will be built per year.
Mr. Morrissey questioned what the contractor will do if this project is not
approved.
Mr. Happel explained the next development will be dependent on the market. There
will be approximately 80 units for the first two years and then the remainder of
the homes in phase two. An additional access road cannot be built due to a
different developer owning the land adjacent to the development and there is a
drainage way that will have to be crossed. He suggested using traffic calming
devices to slow traffic.
Mr. Schmitt questioned if the drainage has been addressed and if the truck
embargo is being enforced.
June 23, 2014
Page 6
Eric Thorson, City Engineer, explained that the traffic plans are being
reviewed.
Mayor Clark explained that the traffic is being studied and the truck embargo
enforcement is being reviewed.
Noel Anderson, Community Planning and Development, explained that this is a
growing pain that is necessary in order to develop this area. This area is
expanding quickly. Multiple connections will be made but the area has to develop
to get to the access points.
Mr. Lind questioned if a temporary haul road could be put in south of the
development to accommodate the construction traffic.
The developer will check into that possibility.
Noel Anderson, Community Planning and Development, explained that staff
recommended expanding the area being transferred to R -3,R -P to allow Council
approval of the site plan approvals. If it stayed R-3, approval is not needed to
build.
Mr. Schmitt questioned if Skogman Homes email was in opposition to the proposal.
Noel Anderson, Community Planning and Development, explained that Skogman
supported the neighborhoods concerns with traffic.
Mr. Morrissey questioned if the developer would continue with the R-3 plans if
the Council voted down this amendment to the site plan.
Mr. Happel explained that the developer would potentially move forward if the
rezone was not approved.
Ron Bockenstedt explained that 23% of the people who went through the
neighborhood today were not Black Hawk County residents. He reiterated that they
are not opposed to the development.
Mayor Clark explained the truck embargo will be enforced for pass through trucks
and a traffic study is being done to see if speed humps can be placed in the
neighborhood.
143002 - Cole/Morrissey
that the hearing be closed and receive and file oral comments. Voice vote -Ayes:
Seven. Motion carried.
143003 - Cole/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, Rezoning Certain Property in conjunction with request from Robson Homes,
Inc. of Cedar Rapids, Iowa to rezone approximately 6.47 acres of land located
just east of Mourning Dove Drive from "R-3" Multiple Residence District to "R -
3,R -P" Planned Multiple Residence District", be received, placed on file,
considered and passed for the first time. Roll call vote -Ayes: Six. Nays: One
(Cole). Motion Carried.
143004 - Cole/Hart
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six. Nays: One. (Schmitt).
Motion carried.
143005 - Cole/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, Rezoning Certain Property in conjunction with request from Robson Homes,
Inc. of Cedar Rapids, Iowa to rezone approximately 6.47 acres of land located
just east of Mourning Dove Drive from "R-3" Multiple Residence District to "R -
3,R -P" Planned Multiple Residence District", be received, placed on file,
considered and passed for the second and third times and adopted. Roll call
vote -Ayes: Six. Nays: One. (Cole). Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5226.
June 23, 2014
143006 - Cole/Hart
Page 7
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 Pian Amendment on Certain Property in conjunction with
request by Robson Homes, Inc. of Cedar Rapids, Iowa for a site plan amendment to
the "R -3,R -P" Planned Multiple Residence District, for 148 new dwelling units
located on 20.63 acres of land, generally located east of Mourning Dove Drive",
be considered and passed for the first time. Roll call vote -Ayes: Five. Nays:
Two: (Jones/Cole). Motion carried.
143007 - Cole/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.
143008 - Hart/Morrissey
that proof of publication of notice of public hearing on request of Dennis
Hagenow to vacate the west 40' of David Street, located south of W. Parker
Street, subject to the retention of a utility easement over, under and upon the
entire area to be vacated, as published in the Waterloo Courier on June 12,
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 is an objection on file in the City Clerk's
office.
Noel Anderson, Community Planning and Development Director, explained that this
is an easement used by two business owners. This limits access to the Jet
Lounge. Staff recommends this vacation.
143009 - Hart/Welper
that the hearing be closed and written comments be received and file oral and
written comments and recommendation of approval of Planning, Programming and
Zoning Commission. Voice vote -Ayes: Seven. Motion carried.
143010 - Hart/Morrissey
that "an Ordinance vacating the west 40' of David Street, located south of W.
Parker Street, subject to the retention of a utility easement over, under and
upon the entire area to be vacated", be received, placed on file, considered and
passed for the first time. Roll call vote -Ayes: Seven. Motion carried.
143011 - Hart/Morrissey
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Two. Nays: Five. (Morrissey,
Hart, Cole, Jones, and Schmitt). Motion failed.
143012 - Hart/Welper
that proof of publication of notice of public hearing on FYE 15 Police Vehicle
Equipment and Equipment Installation, 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.
143013 - Hart/Welper
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
143014 - Hart/Morrissey
that "Resolution confirming approval of specifications, bid document, etc. in
conjunction with FYE 15 Police Vehicle Equipment and Equipment Installation", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-528.
143015 - Hart/Morrissey
that "Resolution to proceed in conjunction with FYE 15 Police Vehicle Equipment
and Equipment Installation", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-529.
June 23, 2014
143016 - Hart/Morrissey
Page 8
to receive, file and instruct City Clerk to read bids and refer to Director of
Safety Services for review: Voice vote -Ayes: Seven.
Bidder
Bid Amount
Electronic Engineering
750 Ansborough Ave.
Waterloo, IA 50701
12,229.68
RACOM
271 Vinton St.
Waterloo, IA 50703
13,957.87
RC Systems
1657 Falls Ave.
Waterloo, IA 50701
13,302.90
143017 - Welper/Hart
that proof of publication of notice of public hearing in conjunction with F.Y.
2014 Treatment Plant Levee Tree Removal, Contract No. 868, as published in the
Waterloo Courier on June 12, 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.
143018 - Welper/Hart
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
143019 - Welper/Hart
that "Resolution confirming approval of plans, specifications, form of contract,
etc.in conjunction with F.Y. 2014 Treatment Plant Levee Tree Removal, Contract
No. 868", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-530.
143020 - Welper/Hart
that "Resolution to proceed in conjunction with F.Y. 2014 Treatment Plant Levee
Tree Removal, Contract No. 868", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-531.
143021 - Welper/Hart
to receive, file and instruct City Clerk to read bids and refer to City Engineer
for review: Voice vote -Ayes: Seven.
Bidder
Bid Security
Bid Amount
Boulder Contracting
25789 N Ave.
Grundy Center, IA 50638
5%
$164,957.50
Peterson Contractors, Inc.
Box A
Reinbeck, IA 50669
5%
$181,539.95
Vieth Construction Corp.
6419 Nordic Dr.
Cedar Falls, IA 50613
5%
$122,857.40
RESOLUTIONS
143022 - Schmitt/Cole
that "Resolution approving annual renewal agreement with Safety National
Casualty at a cost not to exceed $151,955.00 per year to provide workers'
compensation stop loss coverage", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-532.
June 23, 2014
143023 - Schmitt/Cole
Page 9
that `Resolution approving renewal of general and auto liability, law
enforcement, public officials, errors and omissions, and umbrella insurance for
a total premium of $894,799.00 with Travelers Insurance together with
recommendation of approval of Insurance Committee", be adopted. Roll call vote -
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-533.
143024 - Schmitt/Cole
that "Resolution approving renewal of property insurance for a total premium of
$362,475.00 with Chubb Insurance, together with recommendation of approval of
Insurance Committee", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-534.
143025 - Morrissey/Hart
that "Resolution approving recommendation of award of bid to U.S. Cellular for
Wireless Communication Services; and authorize Mayor and City Clerk to execute a
two-year service contract", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-535.
143026 - Morrissey/Hart
that "Resolution authorizing City Clerk to certify against certain parcels for:
unpaid life safety and rental inspection fees and unpaid garbage and sewer
fees.", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-536.
143027 - Hart/Morrissey
that "Resolution approving an Animal Control Services Agreement between the City
of Waterloo and the City of Cedar Falls, and authorize Mayor and City Clerk to
execute said document", be adopted. Roll call vote -Ayes: Five. Nays: Two
(Lind, Schmitt).
Mr. Lind expressed concern with helping Cedar Falls on animal control without
getting much of a benefit out of it.
Mayor Clark noted that every opportunity to work together where we can be more
efficient and cover the costs should be done. He noted that the contract can be
terminated with 30 days notice if it is not going to work. He expressed
gratitude to Sandie Greco for the job she has done with animal control.
Sandie Greco, Traffic Superintendent, explained that she conducted a sensitivity
study and she explained the proposed amended budget.
Mr. Schmitt expressed concern with the proposed staffing level and the use of
the Central Garage Department building for animal control.
Mayor Clark explained that he has never been under the impression that the
buildings vacated when the new Public Works building was completed would be
sold. The Council voted to take over animal control and the best option for the
division is to relocate to the Central Garage.
Mr. Schmitt expressed concern with not selling the building to increase the tax
base. He reported getting complaints on animal control and expressed concern
with the conditions for the animals, the increased liabilities, and staffing
levels.
Mr. Morrissey clarified that this agreement has been approved by the City of
Cedar Falls and asked for quarterly reports.
Resolution adopted and upon approval by Mayor assigned No. 2014-537.
143028 - Cole/Hart
that "Resolution approving request for temporary No Parking Here to Drive signs
in the 400 blocks of California and Wyoming Streets", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-538.
June 23, 2014 Page 10
143029 - Cole/Hart
that "Resolution approving Professional Services Agreement with Struxture
Architects of Waterloo, Iowa, in the amount not to exceed $12,510.00 with
reimbursable of $500.00 for design work, contract documents, bidding assistance,
submittal reviews and on-site meetings with construction personnel in
conjunction with the Waterloo Public Library Restroom Renovation project", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-539.
143030 - Cole/Hart
that "Resolution authorizing City Clerk to certify approximately $65,098.45
against certain parcels for weed mowing, property junk cleanups and sidewalk
snow removals for the period August, 2013 - March, 2014", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-540.
143031 - Cole/Hart
that "Resolution approving Automobile Lease Agreement with C & S Car Company
Hyundai Mazda Subaru of Waterloo, Iowa for the Police Department's Life Skills
Program, at no cost to the City, for the period June 24, 2014 to December 23,
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. 2014-541.
143032 - Hart/Morrissey
to table the following meeting the "Resolution approving request by Robson
Homes, Inc. for the 7 -lot Preliminary Plat of Prairie Meadow Estates, for the
development of a new residential subdivision on 20.63 acres, generally located
east of Mourning Dove Drive", be adopted. Roll call vote -Ayes: Seven.
143033 - Hart/Welper
that "Resolution approving request of Johan & Kelly Carl to appeal the City
Code, Section 7-1-4 (G) Curb Cuts to allow for a 37'5" driveway approach which
is 13'5" more than the 24' maximum allowed for a two stall garage, located at
444 Reber Avenue. (Staff recommends that the request for an appeal be denied
and Planning & Zoning Commission recommended on a 7-1 vote to approve the
request)", be adopted. Roll call vote -Ayes: Five. Nays: Two (Welper/Cole).
Mr. Schmitt asked for more information on the request.
Kelly Carl, 444 Reber Avenue, explained the need for the extended curb cut.
Noel Anderson, Community Planning and Development Director, reported that staff
has received a petition from neighbors supporting the request. Staff
recommended staying with City Code; the Planning & Zoning Commission saw the
special need of the situation and approved the request.
Mr. Jones believes it is a unique situation and warrants approval.
Mr. Welper warned that this could lead to more requests.
Mr. Lind explained that the garage is close to the street and the necessity of
the driveway is a given.
Resolution adopted and upon approval by Mayor assigned No. 2014-542.
143034 - Cole/Hart
that "Resolution approving a one (1) year Farm Lease Agreement with Willard
Frost to farm approximately 17.4 acres of land generally located around the
Northeast Industrial Park Plat at $92.00 per acre for a total yearly payment of
$1,600.80; and authorize Mayor and City Clerk to execute said document", be
adopted. Roll call vote -Ayes: Seven.
Mr. Jones questioned if this is an increase to the rate.
Noel Anderson, Community Planning and Development Director, explained that this
property was sent out to bids and no bids were received so this is not an
increase to last year's rate.
Resolution adopted and upon approval by Mayor assigned No. 2014-543.
June 23, 2014 Page 11
143035 - Cole/Hart
that "Resolution approving award of contract to Advanced Environmental of
Waterloo, Iowa in the amount of $8,888.00; and approving the Contract, Bonds,
and Certificate of Insurance in conjunction with the Asbestos Abatement Services
for the following properties: 3137 Independence Avenue, 2375 Independence
Avenue, 4012 Leversee Road, and 421 Almond Street; and authorize Mayor and City
Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-544.
143036 - Cole/Hart
that "Resolution approving award of contract to Ricklefs Excavating, LTD of
Anamosa, Iowa in the amount of $6,583,880.00; and approving the Contract, Bonds,
and Certificate of Insurance in conjunction with the F.Y. 2014 Stormwater Lift
Stations (Hollywood, Cedar Bend, and Fletcher), Contract No. 836; and authorize
Mayor and City Clerk to execute said documents", be adopted. Roll call vote -
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-545.
143037 - Morrissey/Hart
that Change Order No. 1 for a net decrease of $31,295.00 for work performed by
Stickfort Construction Corporation of Hudson, Iowa for the F.Y. 2013 San Souci
Wing Dam Repairs, Contract No. 846, be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
143038 - Morrissey/Hart
that "Resolution approving Completion of Project and Recommendation of
Acceptance of Work performed by Stickfort Construction Corporation of Hudson,
Iowa in the amount of $123,267.00, for the F.Y. 2013 San Souci Wing Dam Repairs,
Contract No. 846 and receive and file two (2) year maintenance Bond", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-546.
ORDINANCES
143039 - Hart/Cole
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. 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, 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 second time. Roll call vote -Ayes: Six.
Nays: One (Morrissey). Motion carried.
Mr. Morrissey questioned the assessed value of the land and the percentage of
local contractors utilized by Howard Allen Investments. He asked that developers
be present when development agreements are entered into for $1.00.
Noel Anderson, Community Planning and Development Director, stated that the
assessed value of the land is $8,360.00 and explained that Howard Allen
Investments uses local contractors and has done several other strip malls.
143040 - Hart/Cole
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Three.
(Morrissey, Schmitt, Lind). Motion failed.
OTHER COUNCIL BUSINESS
143041 - Schmitt/Hart
to instruct Director of Safety Services to prepare specifications, bid document,
and form of contract, etc. in conjunction with FYE 15 Ammunition needs, be
approved. Voice vote -Ayes: Seven. Motion carried.
Mr. Schmitt questioned what the role of the building and grounds committee is.
June 23, 2014 Page 12
Attorney Chris Wendland explained that the city code of ordinance does not
supply what each committee does. The Council decides what the city charters
must be.
Mayor Clark stated that is it the function of the Mayor to designate what each
commission/board does or doesn't do.
Mr. Schmitt questioned the authority council committees.
Suzy Schares, City Clerk, explained that per City Code the Mayor designates the
board/commissions functions.
Mr. Morrissey asked if staff could research if janitorial services would be
cheaper by using City staff rather than outsourcing.
Craig Clark, Building Official/Maintenance Administrator, has reviewed hiring
our own janitor opposed to outsourcing, but will review again for council.
143042 - Schmitt/Hart
that specifications, bid document, form of contract, etc. in conjunction with
FYE 15 Ammunition needs, be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
143043 - Schmitt/Hart
that "Resolution preliminarily approving specifications, bid document, form of
contract, etc. in conjunction with FYE 15 Ammunition needs", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-547.
143044 - Schmitt/Hart
that "Resolution setting date of bid opening as July 10, 2014 and date of public
hearing as July 14, 2014; and instruct City Clerk to publish notice of
specifications, bid document, form of contract, etc. and taking of bids in
conjunction with FYE 15 Ammunition needs", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-548.
143045 - Schmitt/Hart
to instruct Building Official/Maintenance Administrator to prepare
specifications, bid document, and form of contract, etc. in conjunction with Bid
for Janitorial Services, be approved. Voice vote -Ayes: Seven. Motion carried.
143046 - Schmitt/Hart
that specifications, bid document, form of contract, etc. in conjunction with
Bid for Janitorial Services, be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
143047 - Schmitt/Hart
that "Resolution preliminarily approving specifications, bid document, form of
contract, etc. in conjunction with Bid for Janitorial Services", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-549.
143048 - Schmitt/Hart
that "Resolution setting date of bid opening as July 10, 2014 and date of public
hearing as July 14, 2014; and instruct City Clerk to publish notice of
specifications, bid document, etc. and taking of bids in conjunction with Bid
for Janitorial Services", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-550.
143049 - Schmitt/Hart
to instruct Building Official/Maintenance Administrator to prepare plans,
specifications, bid document, and form of contract in conjunction with Waterloo
Public Library Restroom Renovation, be approved. Voice vote -Ayes: Seven.
Motion carried.
June 23, 2014
143050 - Schmitt/Hart
Page 13
that plans, specifications, bid document, and form of contract in conjunction
with Waterloo Public Library Restroom Renovation, be received and placed on
file. Voice vote -Ayes: Seven. Motion carried.
143051 - Schmitt/Hart
that "Resolution preliminarily approving plans, specifications, bid document,
and form of contract in conjunction with Waterloo Public Library Restroom
Renovation", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-551.
143052 - Schmitt/Hart
that "Resolution setting date of bid opening as July 10, 2014 and date of public
hearing as July 14, 2014; and instruct City Clerk to publish notice of
specifications, bid document, etc. and taking of bids in conjunction with
Waterloo Public Library Restroom Renovation", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-552.
143053 - Schmitt/Hart
to instruct Airport Director to prepare specifications, bid document, and form
of contract, etc. in conjunction with Purchase of Snow Removal Equipment at
Waterloo Regional Airport, be approved. Voice vote -Ayes: Seven. Motion
carried.
143054 - Schmitt/Hart
that specifications, bid document, form of contract, etc. in conjunction with
Purchase of Snow Removal Equipment at Waterloo Regional Airport, be received and
placed on file. Voice vote -Ayes: Seven. Motion carried.
143055 - Schmitt/Hart
that "Resolution preliminarily approving specifications, bid document, form of
contract, etc. in conjunction with Purchase of Snow Removal Equipment at
Waterloo Regional Airport", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-553.
143056 - Schmitt/Hart
that "Resolution setting date of bid opening as July 10, 2014 and date of public
hearing as July 14, 2014; and instruct City Clerk to publish notice of
specifications, bid document, form of contract, etc. and taking of bids in
conjunction with Purchase of Snow Removal Equipment at Waterloo Regional
Airport", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-554.
143057 - Cole/Hart
that payment to the Greater Cedar Valley Alliance in the
for the base payment previously approved in the amount of
two (2) additional incentive quarterly payments in the
each, be received, placed on file and approved. Voice
Motion carried.
ORAL PRESENTATIONS
amount of $24,250
$14,250.00, plus
amount of $5,000.00
vote -Ayes: Seven.
Jim Chapman, 224 Bertch Ave., expressed concern with increased break-ins in his
neighborhood.
David Dryer, 3145 W. 4th Street, expressed concern with insuring the Sportsplex
when it is not a City building.
Forest Dillavou, 1725 Huntington Road, questioned what is
Downing Ave.
143058 - Hart/Schmitt
going to be done on
that the above oral comments be received and placed on file.
Seven. Motion carried.
Voice vote -Ayes:
June 23, 2014 Page 14
ADJOURNMENT
143059 - Hart/Schmitt
that the Council adjourn at 7:53 p.m. Voice vote -Ayes: Seven. Motion carried.
Suzy y Scharrs;"CMC
Cit Cler Human
City / Resource Director