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HomeMy WebLinkAboutMinutes-03/10/2014March 10, 2014 The Council of the City of Waterloo, Iowa, met in Regular Session at Waterloo Center for the Arts, Law Court Theater, Waterloo, Iowa, at 5:30 p.m., on Monday, March 10, 2014. Mayor Pro Tem Quentin Hart in the Chair. Roll Call: Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Absent: Cole. Moment of Silence. Pledge of Allegiance: Patrick Morrissey, Ward 3 Council Member. 142392 - Welper/Schmitt that the Agenda, as amended, changing item No. 19 date of public hearing from March 24, 2014 to April 7, 2014, for the Regular Session on Monday, March 10, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. 142393 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, March 3, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. Mayor Pro Tem Hart Recognized Travis Nichols, March 2014 Team Member of the Month. Mayor Pro Tem Hart and Alex Hildman, Recreation Specialist, presented the 2014 Basketball Character Counts Coach of the Year Awards to: Quentin Hart, Janie Lippert, Adonnis Hill, and Randy Self. Mayor Pro Tem Hart and Alex Hildman, Recreation Specialist, presented the 2014 Basketball Player of the Year Awards to: Luestella Jones, Sabrina Anderson, Tervion Labeaux, and Antonio Alexander. CONSENT AGENDA 142394 - Welper/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 March 10, 2014, in the amount of $2,344,083.31, 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. 2014-163. b. Motion to approve the following: 1. 2. 3. 4. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to exceed Steve Grimm, IAHO Spring Waterloo, 04/02/14- 300.00 Rental Housing Conference IA 04/04/14 Inspector Certification & Recertification Paul Huting, Iowa Park & Cedar 04/07/14- 461.00 Leisure Services Recreation Rapids, IA 04/09/14 Director Assoc. Conference Phillip CPESC Davenport, 04/28/14- 325.00 Schuppert, Storm Certification IA 04/29/14 Water Specialist Review Course Phillip CPESC Davenport, 04/30/14- 275.00 Schuppert, Storm Certification IA 05/01/14 Water Specialist Exam March 10, 2014 Page 2 5. 6. 7. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Z's Restaurant & Lounge 3937 W. Airline Hwy Class C Liquor Renewal 10/31/14 Jet Lounge 451-453 W. Parker St. Class C Liquor & Outdoor Service Renewal 04/14/14 X Jameson's Public House 310 E. 4th Street Class C Liquor & Outdoor Service Only New- Seasonal 03/15/14- 03/17/14 X Roll call vote -Ayes: Six. Motion carried. PUBLIC HEARINGS 142395 - Schmitt/Welper that proof of publication of notice of public hearing on Rezone request from Stainless Investments, LLC of Waterloo, Iowa to rezone approximately 0.41 acre of land located at 811 Elliott Court from "R-2" One and Two Family Residence District to "C -1,C -Z" Conditional Zoning District, to allow for a 20'x60' (1,200 SF) addition to the existing building, as well as expand a vehicular area, located at 3533 Cedar Terrace Drive, as published in the Waterloo Courier on March 3, 2014, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 142396 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 142397 - Schmitt/Welper that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 142398 - Schmitt/Welper 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 by Stainless Investments, LLC of Waterloo, Iowa to rezone approximately 0.41 acre of land located at 811 Elliott Court from "R-2" One and Two Family Residence District to "C -1,C -Z" Conditional Zoning District, to allow for a 20'x60' (1,200 SF) addition to the existing building, as well as expand a vehicular area, located at 3533 Cedar Terrace Drive", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. 142399 - Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Two (Lind, Jones). Motion failed. 142400 - Welper/Morrissey that proof of publication of notice of public hearing on Request of Stainless Investments, LLC of Waterloo, Iowa for a site plan amendment to the "C -1,C -Z" Conditional Zoning District, to allow for a 20'x60' (1,200 SF) addition to the existing building, as well as expand a vehicular area, located at 3533 Cedar Terrace Drive, as published in the Waterloo Courier on March 3, 2014, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 142401 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 142402 - Welper/Schmitt that the hearing be closed and recommendation of Planning, Programming and Zoning Commission be received and placed on file. Voice vote -Ayes: Six. Motion carried. March 10, 2014 Page 3 142403 - Welper/Schmitt 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 of Stainless Investments, LLC of Waterloo, Iowa for a site plan amendment to the "C -1,C -Z" Conditional Zoning District, to allow for a 20'x60' (1,200 SF) addition to the existing building, as well as expand a vehicular area", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. 142404 - Welper/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Two (Jones, Lind). Motion failed. 142405 - Schmitt/Welper that proof of publication of notice of public hearing on Request for Proposal for Phase I - CIP Pipe Lining Service Areas No. 15 and No. 16, Contract No. 866, as published in the Waterloo Courier on February 24, 2014, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 142406 - This being the time and place of public hearing, the Mayor called for written and oral objections. Leon Wertjes, 1314 Pleasant Valley Drive, questioned if the Castle Hill area is included in this contract letting. Bob Bamsey, AECOM, reported that Area 15 contains pipes 142407 - Schmitt/Morrissey that the hearing be closed and receive vote -Ayes: Six. Motion carried. 142408 - Schmitt/Morrissey and file in the Castle Hill area. oral and written comments. Voice that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with the Request for Proposal for Phase I - CIP Pipe Lining Service Areas No. 15 and No. 16, Contract No. 866", be adopted. Roll call vote - Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-165. 142409 - Schmitt/Welper that "Resolution ordering construction in conjunction with Request for Proposal for Phase I - CIP Pipe Lining Service Areas No. 15 and No. 16, Contract No. 866", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-166. 142410 - Schmitt/Welper to receive and file and instruct City Clerk to open and read bids and refer to Superintendent of Waste Management Services for review. Voice Vote -Ayes: Six. Motion carried. Bidder Bid Security Bid Amount Municipal Pipe Tool Co., LLC 515 5th Street, Box 398 Hudson, IA 50643 o 5° $641,171.36 Sak Construction, LLC 864 Hoff Rd. O'Fallon, MO 63366 5% $678,003.85 Visu-Sewer, Inc. W230 N4855 Betker Drive Pewaukee, WI 53072 5% $848,443.60 March 10, 2014 Page 4 RESOLUTIONS 142411 - Welper/Morrissey that "Resolution adopting the City of Waterloo Bicycle Master Plan by hereby adopting Chapter 5 Non -Motorized Transportation Component of the Black Hawk County Metropolitan Area Transportation Policy Board 2040 Long Range Transportation Plan as the City of Waterloo's Bicycle Master Plan", be adopted. Roll call vote -Ayes: Six. Mr. Lind questioned whether the City could choose to not make any accommodations for a specific project. Aric Schroeder, City Planner, noted that this is a general guide and it will be Council's decision as to what accommodations are made. Mr. Morrissey asked Council to support this as part of the Blue Zone certification process. John Sherbon, 1715 Robin Road, expressed concern with the plan and referenced a survey showing minimal desire for additional bike trails on roadways. Sue Beach, Blue Zone Project, explained that the survey Mr. Sherbon is referencing is an INRCOG survey. The entire master plan is available on the INRCOG website. David Dryer, 3145 W. 4th Street, questioned if this is part of the University Avenue project and expressed concern with bicycles on University Avenue. Aric Schroeder, City Planner, explained that the proposed plan is available at the Planning and Zoning Department. It is a general guide that would be reviewed on an individual project basis. Mr. Morrissey clarified that this is a broad overview of what the City would like to see. Bill Kammeyer, 526 Home Park Blvd., expressed concern with the condition of the roads in Waterloo and stated that the plan for repairing the streets should be complete prior to building bike trails. Linda Bland, of Waterloo, questioned if the Blue Zone Project is part of Agenda 21. Mr. Hart stated that he is not aware of the City supporting Agenda 21. Sue Beach, Blue Zone Project, noted that the Blue Zone Project is not affiliated with Agenda 21. Mr. Morrissey explained that the emphasis is on the road trails. Resolution adopted and upon approval by Mayor assigned No. 2014-167. 142412 - Welper/Morrissey that "Resolution approving award of contract to Nichols Construction, Inc. of Evansdale, Iowa in the amount of $68,000.00; and approving the Contract, Bonds and Certificate of Insurance for the FY2014 Cedar Vista Shelter Project, in Exchange Park, at the intersection of Park Road and Burton Avenue; 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. 2014-168. 142413 - Welper/Morrissey that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Daktronics, Inc. of Brookings, SD at a total cost of $706,236.44 in conjunction with Young Arena Video/Audio Upgrade Project", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-169. 142414 - Morrissey/Schmitt that "Resolution to approve and accept award of a Black Hawk Gaming Association Grant in the amount of $150,000.00 to assist in the purchase of seven (7) Heart Monitors; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. March 10, 2014 Resolution adopted and upon approval by Mayor assigned No. 2014-170. 142415 - Morrissey/Schmitt Page 5 that "Resolution approving Three (3) 28E Agreements with City of Waterloo and East Waterloo Township (East Waterloo), Cedar Township and Elk Run Heights for the period of July 1, 2014 through June 30, 2015; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-171. 142416 - Morrissey/Schmitt that "Resolution approving an amended Equal Employment Opportunity Policy Statement; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-172. 142417 - Morrissey/Schmitt that "Resolution setting date of public hearing as March 24, 2014 to enter into a Master Development Agreement and Supplemental Development Agreement with Grand Investments, LLC to authorize the sale and conveyance of a portion of City owned property for $1.00 commonly known as the former Grand Hotel site, at West Mullan Avenue and Jefferson Street, for the construction of an approximate 70 -unit condominium development with an estimated actual value of $6 million, with 20 years at 42% tax rebates; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Five. Nays: One (Lind). 142418 Lind/Morrissey To table the resolution for March 24, 2014. Motion failed due to lack of second. Mr. Schmitt asked Aric Schroeder to speak on the tax rebates of 20 years at 42%. Aric Schroeder, City Planner, stated that there were a lot of discussions and negotiations that included city representatives, Noel Anderson, Community Planning & Development Director, the Mayor and the development group and they settled on that tax rebate as part of another project site they began with. David Dryer, 3541 W. 4th Street, expressed concern with the City giving away property for a $1.00. Mr. Lind expressed concern with the amount of time before the city would benefit from this project after all that has been invested. Mr. Morrissey expressed concern with tabling the item. Aric Schroeder, City Planner, isn't aware of any time restraints on the project. Mr. Welper stated that the project has three phases; the first phase of the project will pay over $73,000.00 per year in taxes. If we don't do it there is $73,000.00 gone. Mr. Morrissey stated according to the agreements, time is of essence. 142419 - Morrissey/Schmitt that "Resolution to approve and accept certain temporary easement and permanent easement contracts with Restaurant Concepts, Inc., to allow for roadway improvements to Kimball Avenue between Tower Park Drive and Acadia Street, IDOT# STP -U-8155(731)--70-07", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-174. 142420 - Schmitt/Welper that "Resolution approving and accepting certain temporary easement contracts to the City of Waterloo for roadway improvements to Kimball Avenue between Tower Park Drive and Acadia Street, IDOT #STP -U-8155(731)--70-07 from: 3410 Building Partnership, LLC in the amount of $100.00; The Auto Club Group in the amount of $100.00; Southridge Professional Bldg. Co. in the amount of $762.40; MidAmerican Energy Co. in the amount of $161.35; Greenwood Family Property, LLC in the amount of $987.60; Locke Realty, Inc. donated the property; Wells Fargo Bank, NA in the amount of $275.55; Weaver Enterprises, LTD donated the property; NE Iowa Real Estate Investments, LTD in the amount of $1,170.20; Central Christian Church in the amount of $541.01; Operation Threshold in the amount of $880.50; Sun Real Estate Investments, LLC in the amount of $1,457.50; Vanderloo, LLC in March 10, 2014 Page 6 the amount of $100.00; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-175. 142421 - Morrissey/Welper that "Resolution approving a Code of Conduct for the officers and employees of the City of Waterloo, Iowa for administration of federal grant funds; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. David Dryer, 3541 W. 4th Street, expressed concern with approving a code of conduct, when one should be in place already and how hotel/motel discretionary funds are being spent. Suzy Schares, City Clerk, explained that this is an annual requirement just for administration of federal grant funds. Resolution adopted and upon approval by Mayor assigned No. 2014-176. 142422 - Morrissey/ Welper that "Resolution approving an Equal Opportunity Policy Statement for the officers and employees of the City of Waterloo, Iowa for administration of federal grant funds", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-176A. 142423 - Morrissey/Welper that "Resolution approving award of hotel/motel discretionary funding to the following entities: Kiwanis Club of Waterloo for the Air Show in the amount of $15,000.00 and North End Cultural Center, Inc. for the North End Arts & Music Fest in the amount of $5,000.00", be adopted. Roll call vote -Ayes: Six. Mr. Hart explained that hotel/motel discretionary funding is 10% of the hotel/motel taxes received by the city to support tourism and programs that help bring people to our community. Michelle Weidner, Chief Financial Officer, reported that 50% of the hotel/motel discretionary funds must be spent on tourism and the city ordinance specifies how the funds can be used. These funds can't be used for direct property tax relief, but the hope is that the funds will bring more business and therefore provide indirect property tax relief. Resolution adopted and upon approval by Mayor assigned No. 2014-177. ORDINANCES 142424 - Schmitt/Welper that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, by repealing Chapter 1, Animal Control, of Title 5, Police Regulations, and enacting in lieu thereof a new Chapter 1, Animal Control, of Title 5, Police Regulations, of the Code of Ordinances of the City of Waterloo", be received, placed on file, considered and passed for the third time and adopted. Roll call vote -Ayes: Six. Randy Herod, 111 Highland Blvd., questioned if any changes were made after the first reading and expressed concern with officers being able to do a search of the premises. Mr. Schmitt asked Mr. Zellhoefer, Assistant City Attorney, in regards to probable cause in the new ordinance. Dave Zellhoefer, Assistant City Attorney, stated that the if there is reasonable suspicion of a probable cause, an administrative warrant would be issued, by utilizing a judge; the city will not violate anyone's constitutional rights. Ordinance adopted and upon approval by Mayor assigned No. 5204. OTHER COUNCIL BUSINESS 142425 - Welper/Morrissey to instruct Fire Services to prepare specifications, bid document, etc. in conjunction with Purchase of Seven (7) 12 -Lead Cardiac Monitors, be approved. Voice vote -Ayes: Six. Motion carried. March 10, 2014 Page 7 142426 - Welper/Schmitt that specifications, bid document, etc. in conjunction with Purchase of Seven (7) 12 -Lead Cardiac Monitors, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 142427 - Welper/Schmitt that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with Purchase of Seven (7) 12 -Lead Cardiac Monitors", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-178. 142428 - Welper/Schmitt that "Resolution setting date of hearing and bid opening as April 28, 2014; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids in conjunction with Purchase of Seven (7) 12 -Lead Cardiac Monitors", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-179. 142429 - Schmitt/Morrissey to instruct Building Official/Maintenance Administrator to prepare specifications, form of contract, bid document, etc. in conjunction with Waterloo Public Library New Security Camera System, be approved. Voice vote - Ayes: Six. Motion carried. 142430 - Schmitt/Morrissey that plans, specifications, form of contract, etc. in conjunction with Waterloo Public Library New Security Camera System Project, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 142431 - Schmitt/Morrissey that "Resolution preliminarily approving specifications, form of contract, etc. in conjunction with Waterloo Public Library New Security Camera System Project", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-180. 142432 - Schmitt/Morrissey that "Resolution setting date of hearing and bid opening as April 7, 2014; and instruct City Clerk to publish notice of specifications, form of contract, bid document, etc. and taking of bids in conjunction with Waterloo Public Library New Security Camera System Project", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-181. 142433 - Morrissey/Welper Motion approving Change Order No. 1 for a net increase of $1,800.00 for work performed by Modus of Waterloo, Iowa in conjunction with the Waterloo Public Library New Security Camera System Project. Voice vote: Ayes: Six. Motion carried. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, distributed a document and expressed concern with the ownership of the Sportsplex. Paul Huting, Leisure Services Director, explained that we are leasing the building. Sales Tax on the construction of the building is due and payable by the Waterloo Development Corp but there is a request to dismiss said due to them being a non-profit and there is property tax exemption that was missed by the Waterloo Development Corp. Michelle Weidner, Chief Financial Officer, explained that the city is leasing the SportsPlex from Waterloo Development Corp and they will retain ownership for eight years. At which time, with donations and the revenue from operating the SportsPlex, the mortgage will be paid off and the city can purchase for $1.00. David Dryer, 3145 W. 4th Street, questioned how much we are leasing the building for and are we paying the operations expense. March 10, 2014 Page 8 Paul Huting, Leisure Services Director, explained that the lease is for $1.00 and he noted that the City is paying the expenses but are hopeful that the revenue will cover the expenses. Jeff Haler, 805 Wisner Dr., expressed concern with the Police and Fire staff reduction. John Sherbon, 1715 Robin Rd., expressed concern with the possible zoning ordinance regarding limiting pay day loan stores. Bill Kammeyer, 526 Home Park Blvd., expressed concern with passing ordinances in one night and asked Council to begin working on next year's budget today. 142434 - Welper/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. ADJOURNMENT 142435 - Welper/Schmitt that the Council adjourn at 6:53 p.m. Voice vote -Ayes: Six. Motion carried. tizzy Schar s, CMC City Clerk Human Resource Director