HomeMy WebLinkAboutMinutes-03/24/2014March 24, 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 24, 2014. Mayor
Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and
Hart.
Moment of Silence.
Pledge of Allegiance: Ron Welper, Ward 5 Council Member.
142461 - Hart/Schmitt
that the Agenda, as amended by adding a special class C liquor license for Jr.
Wahawk Softball for March 29, 2014 through April 3, 2014 and continuing the hearing
for item #2 until April 7, 2014, for the Regular Session on Monday, March 24, 2014,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
142462 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, March 17, 2014,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
Mayor Clark read a Proclamation declaring March 23-29, 2014 as Boys and Girls Club
Week.
Mayor Clark noted that the General Rules for Public Participation section of the
Council agenda have been enlarged and reorganized.
CONSENT AGENDA
142463 - 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 March
24, 2014, in the amount of $3,492,604.52, 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. 2014-189.
2. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00
with Kwik Stop II, 4335 Texas Street, Waterloo, Iowa for sale of tobacco,
tobacco products or cigarettes to persons under 18 years of age. If civil
penalty is not paid within thirty (30) days said cigarette permit will be
suspended for 14 days.
Resolution adopted and upon approval by Mayor assigned No. 2014-190.
3. Request of Josh Schmidt for tax exemptions for the construction of a new
single family dwelling valued at $550,000.00 located at 4722 Luxley Drive and
located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2014-191.
b. Motion to approve the following:
1.
2.
3.
4.
5.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
exceed
Sgt. Camarata &
Supervision &
St. Paul,
04/27/14-
$956.00
Sgt. Rogers
Management
MN
04/29/14
Officer Walter &
Motorcycle Refresher
Moline, IL
04/05/14-
$576.00
Officer Bovy
Training
04/07/14
John Lenius
IAHO Spring
Waterloo,
04/02/14-
$200.00
Amended
Conference
IA
04/04/14
Inv. Monroe & (1)
Marijuana Testing
Ankeny, IA
03/31/14-
$1,150.00
Unknown Officer
School
04/03/14
Phillip Schuppert,
IDOT Erosion Control
Ames, IA
04/10/14-
$287.35
Storm Water
Certification Course
04/11/14
Specialist
March 24, 2014
Page 2
6. Recommendation of appointment of Mark Rice to the Solid Waste Commission,
replacing Larry Smith's appointment.
7.
8.
9.
10.
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Catherine Doyle's Pub
504 Sycamore St.
Class C Liquor
Renewal
03/07/15
X
City Foods
200 Broadway St.
Class E Liq, Class B
Wine, Class C Beer
New
03/01/15
X
Red Carpet Golf
1409 Newell St.
Class C Liquor &
Outdoor Service
Renewal
04/04/15
X
Jr. Wahawk Softball
300 Jefferson St.
Special Class C (BW)
New
03/29/14-
04/03/14
11. Bonds
Roll call vote -Ayes: Seven. Item 1.b.8 Nays: One (Hart). Motion carried.
Aric Schroeder, City Planner, explained that the City Foods license is a new
license due to a change of ownership.
PUBLIC HEARINGS
142464 - Schmitt/Cole
motion to postpone hearing on Asbestos Abatement Services Request for Proposals for
the following properties: 134 Dearborn Avenue, 928 Mulberry Street, 717 Vinton
Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street,
520 Cottage Street, 1013 Lincoln Street, 420 Dawson Street (continued from March 3,
2014)until April 7, 2014. Voice vote -Ayes: Seven.
RESOLUTIONS
142465 - Cole/Morrissey
that "Resolution setting date of hearing as April 14, 2014 to approve, as amended
the City of Waterloo Zoning Ordinance No. 5079 by adding additional restrictions
for "payday" loan businesses (delayed deposit service use) and pawnshop businesses;
and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-192.
142466 - Schmitt/Hart
Resolution resetting date of hearing as April 7, 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.
Resolution adopted and upon approval by Mayor assigned No. 2014-193.
Mr. Morrissey questioned if the proposal had been reviewed previously.
Mayor Clark noted that it was being postponed until council members and himself met
with the Waterloo Development, Corp. and to insure questions are answered prior to
opening the hearing.
Mr. Hart questioned if the structure was similar to the original project plans and
if the proposed agreement was with a local company.
Mayor Clark responded yes.
142467 - Welper/Hart
That "Resolution approving Completion of Project and Recommendation of Acceptance
of Work performed by Peterson Contractors, Inc. of Reinbeck, IA at a total cost of
$371,935.00 in conjunction with F.Y. 2011 Ridgeway Avenue and LaPorte Road
Intersection Improvements, Contract No. 775", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-194.
March 24, 2014 Page 3
142468 - Welper/Hart
that "Resolution approving City of Waterloo Driveway and Sidewalk Specifications
for use by contractors and property owners starting with the 2014 construction
season", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-195.
142469 - Welper/Hart
that "Resolution approving Traffic Safety Grant Agreement with Iowa Department of
Transportation in the amount of $50,000.00 for improving traffic signal and sign
installation at Fletcher Avenue and University Avenue intersection; 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. 2014-196.
ORDINANCES
142470 - Morrissey/Welper
that "an Ordinance amending the City Code of Ordinance, Title 6 Motor Vehicles and
Traffic, Chapter 1 Traffic Code, by adding Section 6-1-4 City Infractions Ticket",
be received, placed on file, considered and passed for the second time. Roll call
vote -Ayes: Seven.
Mr. Schmitt questioned if the city has designated where the additional revenue from
the fines will go.
Mayor Clark noted that there is some potential for earmarking additional funds for
the police department. The revenue will go into the general fund initially, but
possibly be utilized for operational costs in the future.
Mr. Schmitt asked when the ordinance will take effect.
Dan Trelka, Direct of Safety Services, explained that a process has to be
established for issuing the tickets, but we are shooting for July 1st
Mr. Schmitt stated that he is concerned with the designation of funds.
Mayor Clark explainedthat there is uncertainty in what additional revenues will
come from this ordinance.
Michelle Weidner, Chief Financial Officer, explained that we may find if we adopt
the ordinance that there may be additional revenue, but until we start doing it we
will not know.
Jim Walsh, City Attorney, explained that we can't take on a new matter on this
agenda that relates to revenue distribution. Council could delay this matter if
they chose, but this agenda item only changes the ordinance to charge a city
offense instead of state offense.
Mr. Morrissey noted that Council needs to vote on the motion already in place.
David Dryer, 3145 W. 4th Street, expressed concern with the ordinance.
Mr. Schmitt asked where the revenue will go.
Michelle Weidner, Chief Financial Officer, explained currently any citation written
is deposited in the general fund; no decisions have been made where additional
funds will be deposited at this time.
Jim Walsh, City Attorney, explained there isn't a direct connection with a police
officer writing a ticket and the revenues of that department and we wouldn't want
to give an appearance that that is so.
Mayor Clark explained that we are not directing revenues with the ordinance. We
will direct revenues on a different agenda item. We do not want to give the
appearance that police officers are writing tickets to increase their revenue.
142471 - Morrissey/Welper
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Roll call vote -Ayes: Four. Nays: Three (Jones, Schmitt,
Lind). Motion failed.
March 24, 2014 Page 4
OTHER COUNCIL BUSINESS
142472 - Hart/Welper
to instruct Leisure Services Director to prepare plans, specifications, form of
contract, etc. in conjunction with 2014 Right -of -Way Contract Mowing, be approved.
Voice vote -Ayes: Seven. Motion carried.
142473 - Hart/Welper
that plans, specifications, bid documents, etc. in conjunction with 2014 Right -of -
Way Contract Mowing, be received and placed on file. Voice vote -Ayes: Seven.
Motion carried.
142474 - Hart/Welper
that "Resolution preliminarily approving plans, specifications, bid documents, etc.
in conjunction with 2014 Right -of -Way Contract Mowing", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-197.
142475 - Hart/Welper
that "Resolution setting date of hearing and bid opening as April 7, 2014; and
instruct City Clerk to publish notice of plans, specifications, bid documents, etc.
in conjunction with 2014 Right -of -Way Contract Mowing", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-198.
142476 - Hart/Welper
to instruct City Engineer to prepare plans, specifications, form of contract, etc.
in conjunction with F.Y. 2014 Street Reconstruction Program, Contract No. 859, be
approved. Voice vote -Ayes: Seven. Motion carried.
142477 - Hart/Welper
that plans, specifications, form of contract, etc. in conjunction with F.Y. 2014
Street Reconstruction Program, Contract No. 859, be received and placed on file.
Voice vote -Ayes: Seven. Motion carried.
142478 - Hart/Welper
that "Resolution preliminarily approving plans, specifications, form of contract,
etc. in conjunction with F.Y. 2014 Street Reconstruction Program, Contract No.
859", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-199.
142479 - Hart/Welper
that "Resolution setting date of hearing and bid opening as April 14, 2014 and
instruct City Clerk to publish notice of plans, specifications, form of contract,
etc. in conjunction with F.Y. 2014 Street Reconstruction Program, Contract No.
859", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-200.
142480 - Hart/Welper
to instruct Community Planning & Development Director to prepare plans,
specifications, form of contract, etc. in conjunction with Asbestos Abatement for
801-805 Commercial Street, be approved. Voice vote -Ayes: Seven. Motion carried.
142481 - Hart/Welper
that plans, specifications, form of contract, etc. in conjunction with Asbestos
Abatement for 801-805 Commercial Street, be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
142482 - Hart/Welper
that "Resolution preliminarily approving plans, specifications, form of contract,
etc. in conjunction with Asbestos Abatement for 801-805 Commercial Street", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-201.
March 24, 2014 Page 5
142483 - Hart/Welper
that "Resolution setting date of hearing and bid opening as April 7, 2014; and
instruct City Clerk to publish notice of plans, specifications, form of contract,
etc. in conjunction with Asbestos Abatement for 801-805 Commercial Street", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-202.
142484 - Hart/Welper
to instruct Waste Management Services Superintendent to prepare plans,
specifications, form of contract, etc. in conjunction with 2014 Lift Stations &
Complaint Mowings with Complaint Snow Removals, be approved. Voice vote -Ayes:
Seven. Motion carried.
142485 - Hart/Welper
that plans, specifications, form of contract, etc. in conjunction with 2014 Lift
Stations & Complaint Mowings with Complaint Snow Removals, be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
142486 - Hart/Welper
that "Resolution preliminarily approving plans, specifications, form of contract,
etc. in conjunction with 2014 Lift Stations & Complaint Mowings with Complaint Snow
Removals", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-203.
142487 - Hart/Welper
that "Resolution setting date of hearing and bid opening as April 14, 2014; and
instruct City Clerk to publish notice of plans, specifications, form of contract,
etc. in conjunction with 2014 Lift Stations & Complaint Mowings with Complaint Snow
Removals", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-204.
ORAL PRESENTATIONS
Jim Chapman, 224 Bertch, questioned the process for change orders.
Lonne Kammeyer, 848 Dawson, spoke in support of alternate parking during snow
removal.
Forest Dillavou, 1725 Huntington Road, spoke in support of using concrete for the
City's street reconstruction.
142488 - Hart/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
142489 - Hart/Schmitt
that the Council adjourn at 6:09 p.m. Voice vote -Ayes: Seven. Motion carried.
buzy Schajes, CMC
City Cler /Human Resource Director