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HomeMy WebLinkAboutMinutes-05/05/2014May 5, 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, May 5, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Michelle Weidner, Chief Financial Officer. 142689 - Hart/Schmitt that the Agenda, as amended by deleting item no. 1.b.8 recommendation of appointment and amending item no. 18 by deleting award of contract and adding setting date of public hearing, for the Regular Session on Monday, May 5, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 142690 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, April 28, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark read a Proclamation declaring May 10, 2014 as "Letter Carrier Food Drive Day". Mayor Clark recognized of Gary Luck as the May 2014 Team Member of the Month. CONSENT AGENDA 142691 - 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 May 5, 2014, in the amount of $2,570,029.17, 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. 2014-312. 2. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00 with Sycamore Convenience Store, 619 Sycamore Street, Waterloo, Iowa for sale of tobacco products or cigarettes to persons under 18 years of age. Resolution adopted and upon approval by Mayor assigned No. 2014-313. 2. Request of Financial Resource Advisors for a variance to the Noise Ordinance on Saturday June 7, 2014 from 3:00 p.m. to 8:00 p.m. in conjunction with Hoods & Handlebars Car & Motorcycle Show event to be held at 816 W. Tower Park Drive 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. 2014-314. 4. Request of ABATE of Iowa District 16 to hold National Motorcycle Awareness Ride to be held on Saturday, May 10, 2014 starting at Noon, with the route to start at Black Hawk County Courthouse, travel through Evansdale, Waterloo and Cedar Falls and end at Silver Eagle Harley-Davidson, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-315. 5. Request of Cool 105.7 Radio to hold the 33rd Annual 4th Street Cruise show and shine at National Cattle Congress grounds on Friday, May 23, 2014 and the 4th Street Cruise on Saturday, May 24, 2014 from 12:00 p.m. to 4:00 p.m. with cars from the east side traveling from Mulberry Street across the river on Fourth Street to Bluff Street and returning on Park Avenue back to Mulberry Street; cars from the West side will travel from Bluff Street across the river on Fourth Street to Mulberry Street and will return to Bluff Street on Fifth Street. Resolution adopted and upon approval by Mayor assigned No. 2014-316. May 5, 2014 Page 2 6. Request to cancel sidewalk assessment for just east of 107 Norwood Avenue (parcel No. 8913-15-489-003) in the amount of $773.16; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2014-317. 7. Request of Luther T. Holmes for tax exemptions for the construction of a new single family dwelling valued at $133,000.00 located at 903 W. Parker Street and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2014-318. 8. Request of C & S Properties, LLC for tax exemptions for the expansion and remodel of their business valued at $1,363,415.00 located at 812 Washington Street and located in the Consolidated Urban Revitalization Area (LURA). Resolution adopted and upon approval by Mayor assigned No. 2014-319. 9. Request of C & S Properties, LLC for tax exemptions for the construction of a new parking lot valued at $57,085.00 located at 828 Washington Street and located in the Consolidated Urban Revitalization Area (LURA). Resolution adopted and upon approval by Mayor assigned No. 2014-320. 10. Request of C & S Properties, LLC for tax exemptions for the construction of a new parking lot valued at $41,302.00 located at 612 W. 7th and located in the Consolidated Urban Revitalization Area (LURA). Resolution adopted and upon approval by Mayor assigned No. 2014-321. 11. Request of Emily M. Zeets for tax exemptions for the construction of a new single family dwelling valued at $150,000.00 located at 1442 Hummingbird Circle and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-322. 12. Request of Shinette Hughes for tax exemptions for the construction of a new single family dwelling valued at $150,000.00 located at 4146 Mockingbird Lane and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-323. 13. Request of Doris Sealock for tax exemptions for the construction of a new town home valued at $184,000.00 located at 1307 Pintail Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-324. 14. Request of Nisveta Dolic for tax exemptions for the construction of a new single family dwelling valued at $330,000.00 located at 1513 Pinnacle Place and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-325. 15. Request of Trina Becker for tax exemptions for the construction of a new twin home valued at $177,500.00 located at 4157 Mourning Dove Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-326. 16. Request of John Rooff for tax exemptions for the construction of a new twin home valued at $275,000.00 located at 725-727 Sonya Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-327. b. Motion to approve the following: 1. Travel Requests Name & Title of Amount not Personnel Class/Meeting Destination Date(s) to exceed Michelle Weidner, Gov't Finance Minneapolis, 05/18/14- $1,480.00 Chief Financial Officers MN 05/21/14 Officer Association Annual Conference -Amended May 5, 2014 3. 4. 5. 6. 7. Page 3 Craig Hintzman, Signal Tech II; Brandon Hodgin, Signal Tech I; Jeremiah Luck; Equipment Operator Basic ArcGIS Training Workshop UNI - Cedar Falls, IA 05/13/14- 05/14/14 NTE $591.00 Buck Clark, Mayor Mayors' Volunteer Waterloo, IA 04/22/14 $600.00 X Awards Luncheon; Class E Liquor, Class B Wine, Class C Beer Renewal 03/15/15 X Mayors' Top Teen Class C Liquor & Extended Outdoor Service for "Bike Night" New 04/28/14 10/31/14 Awards Reception Class C Liquor & Outdoor Service Renewal 03/11/15 Buck Clark, Meet with Moody's Chicago, IL 05/21/14- $890.00 Mayor; Michelle Investor Services Class A Liquor & Outdoor Sales 05/23/14 04/13/15 Weidner, Chief Financial Officer Sergeant Farmer, K9 Selection Denver, IN 05/13/14- $1,034.00 Officer Bovy, and 05/15/14 Officer Bose Inv. Pohl ICAC Internet Neenah, WI 06/09/14- $1,553.00 Evidence Finder 06/11/14 Training Mark Brandes, CMOM Specialist and Laura Wolff, Basic ArcGIS Two Day Training Workshop UNI - Cedar Falls, IA 05/14/14 $364.86 Clerk I 8. Motion to receive and file the Iowa Public Official Bond for Trustee Terry Kuntz. 9. 10. 11. 12. 13. 14. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Casey's General Store #2880 1604 LaPorte Rd. Class B Native Wine & Class C Beer Renewal 04/18/15 X Hy -Vee food Store & Drugstore #4 4000 University Ave. Class E Liquor, Class B Wine, Class C Beer Renewal 03/15/15 X Screaming Eagle American Bar & Grill 228 E. 4th St. Class C Liquor & Extended Outdoor Service for "Bike Night" New 04/28/14 10/31/14 Lone Star Steakhouse & Saloon 4045 Hammond, Ave. Class C Liquor & Outdoor Service Renewal 03/11/15 X Waterloo Bucks 850 Park Rd. Special Class C (BW) & Outdoor Service New 04/10/14 10/10/14 X Sunnyside Country Club 1600 Olympic Dr. Class A Liquor & Outdoor Sales Renewal 04/13/15 X 15. Bonds Vehicle For Hire Business License Application 16. City Cab, 1211 N. Barclay Street 17. ABC Transportation Services, LLC, 2200 Spring View Street 18. First Call Taxi, 604 2nd Street, Evansdale, Iowa Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 142692 - Schmitt/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 425 Almond Street, as published in the Waterloo Courier on April 25, 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. May 5, 2014 142693 - Schmitt/Hart Page 4 that the hearing be tabled until May 12, 2014. Voice vote -Ayes: Seven. Motion carried. 142694 - Hart/Morrissey that proof of publication of notice of public hearing on request by Janet Kendall -Post to lease property for a period of ten (10) years for property located on Riverside Drive just west of 903 Riverside Drive, as published in the Waterloo Courier on April 25, 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. 142695 - Hart/Welper that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 142696 - Hart/Welper that "Resolution approving said Lease Agreement with Janet Kendall -Post in the amount of $1.00 for a term ending December 31, 2024", be adopted; and authorize Mayor and City Clerk to execute said document. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-328. 142697 - Hart/Morrissey , that proof of publication of notice of public hearing on Request by Darlyne Yagla to lease property for a period of ten (10) years for property located on Riverside Drive just south of 509 Riverside Drive, as published in the Waterloo Courier on April 25, 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. 142698 - Hart/Welper that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 142699 - Hart/Welper that "Resolution approving said Lease Agreement with Darlyne Yagla in the amount of $1.00 for a term ending December 31, 2024", be adopted; and authorize Mayor and City Clerk to execute said document. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-329. 142700 - Hart/Morrissey that proof of publication of notice of public hearing on request by George A. and Loretta R. Ryan to lease property for a period of ten (10) years for property located on Riverside Drive just east of 727 Riverside Drive, as published in the Waterloo Courier on April 25, 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. 142701 - Hart/Welper that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 142702 - Hart/Welper that "Resolution approving said Lease Agreement with George A. and Loretta R. Ryan in the amount of $1.00 for a term ending December 31, 2024", be adopted; and authorize Mayor and City Clerk to execute said document. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-330. May 5, 2014 142703 - Cole/Morrissey Page 5 that proof of publication of notice of public hearing on Purchase of Video Detection Cameras for I-380 Ramps at San Marnan Drive as published in the Waterloo Courier on April 25, 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. 142704 - Cole/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 142705 - Cole/Hart that "Resolution confirming approval of specifications, bid document, etc. in conjunction with the Purchase of Video Detection Cameras for I-380 Ramps at San Marnan Drive", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-331. 142706 - Cole/Hart that "Resolution authorizing to proceed in conjunction with the Purchase of Video Detection Cameras for I-380 Ramps at San Marnan Drive", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-332. 142707 - Cole/Hart to receive and file and instruct City Clerk to open and read bids and refer to Traffic Operations Superintendent for review in conjunction with Purchase of Video Detection Cameras for I-380 Ramps at San Marnan Drive: Voice Vote: Ayes: Seven. Bidder Bid Amount Traffic Control Corporation (TCC) $32,625.00 RESOLUTIONS 142708 - Hart/Morrissey that "Resolution to set the date of hearing for amendment to the FYE2014 Budget as May 27, 2014; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-333. 142709 - Hart/Morrissey that "Resolution approving recommendation of award of bid to Bill Colwell Ford of Hudson, Iowa, in the amount of $23,351.00 each totaling $70,053.00, for the Purchase of Three (3) Pickup Trucks for the Street Department", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-334. 142710 - Hart/Morrissey that "Resolution approving an Agreement with Trillion Aviation for professional services in the amount not to exceed $3,700.00 in conjunction with renegotiation of the expiring car rental leases with Hertz and Avis/Budget at the Waterloo Regional Airport; Submitted by Mike Wilson, Airport Director", be adopted and authorize Mayor to execute same. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-335. 142711 - Schmitt/Cole that "Resolution approving the proposed Minor Plat of 8.37 acres into 2 lots zoned "A-1" Agricultural District, located at 135 E. Airline Highway; 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. 2014-336. May 5, 2014 Page 6 142712 - Schmitt/Cole that "Resolution approving Real Estate Purchase Agreement with Locust Partnership for the acquisition and purchase of parcel 8913-26-205-007 located near the intersection of West 2nd and Jefferson Streets in the amount of $50,000.00; 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. 2014-337. 142713 - Schmitt/Cole that "Resolution to approve and accept certain acquisition contracts and certain deeds to sell real property to the City of Waterloo for the partial acquisition of right-of-way, and temporary easement 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-338. 142714 - Welper/Lind that "Resolution approving Minor Site Plan Amendment request to the "C -1,C -Z" Conditional Zoning District, to allow for the removal of the existing McDonalds Restaurant and allow for a new 5,235 SF McDonalds Restaurant to be built in its place", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-339. 142715 - Welper/Lind that "Resolution approving an Agreement in the amount of $1,400.00 per month after the first three months with Gym CrossFit Kilo for Kilo trained activities in existing shell space and allow for SportsPlex members to participate for the period of May 1, 2014 through April 30, 2015; 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. 2014-340. 142716 - Welper/Lind that "Resolution approving recommendation of award of bid to Zoll Medical Corporation for the purchase of seven (7) 12 -lead cardiac monitors in an amount not to exceed $185,382.12", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-341. 142717 - Morrissey/hart that "Resolution approving 28E Agreements with City of Waterloo and the following communities: Grundy Center and Allison; 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. 2014-342. 142718 - Morrissey/Hart that "Resolution approving Notice of Intent for NPDES Coverage Under General Permit to the Iowa Department of Natural Resources in conjunction with F.Y. 2014 Stormwater Lift Stations (Hollywood, Cedar Bend, Fletcher), Contract No. 836; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-343. 142719 - Morrissey/Hart that "Resolution setting date of hearing as May 12, 2014 to approve plans and specifications in conjunction with the F.Y. 2014 Kimball Avenue Transportation Improvements Project, Contract No. 843; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-344. May 5, 2014 ORDINANCES 142720 - Hart/Welper Page 7 that "an Ordinance amending the amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Chapter 4 Storm Water Management Program", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Phil Schuppert, Stormwater Specialist, reviewed the changes and noted that this is to bring the City into compliance. 142721 - Hart/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 (Schmitt, Lind, Hart). Motion failed. OTHER COUNCIL BUSINESS 142722 - Cole/Hart that motion to receive and place on file the 2013 Operating Report of the Waterloo Water Works, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142723 - Cole/Hart that motion to receive and place on file the 2013 Audit of the Waterloo Water Works, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142724 - Hart/Morrissey that Change Order No. 1 for the removal of the alleyway between 300 W. 3rd Street and 316-318 W. 3rd Street for an amount not to exceed $2,800.00 for demolition services in conjunction with FY 2014 Demolition Contract with Benton's Sand and Gravel for 300 W. 3rd Street, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142725 - Hart/Welper that Change Order No. 1 for a net increase not to exceed negotiated price of $7,020.00 to add 1005 Lafayette Street and 533 Cottage Street for work performed by Advanced Environmental of Waterloo, Iowa in conjunction with Asbestos Containing Material (ACM) removal; and authorize Mayor and City Clerk to execute said documents, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS Mayor Clark explained that the situation with Mike Guild is a personnel matter and will be taken to the Civil Service. Council and the Mayor will not be able to speak regarding the matter. Jim Chapman, 224 Bertch Ave., clarified that owners are charged when their pets are loose and returned. Lita Wester, 532 Western Ave., noted that she is a volunteer for animal control and expressed concern with the kill rate at the Cedar Bend Humane Society and explained the contributions the Waterloo Animal Control volunteers are doing for the animals. Cheryl Peters-Rammelsberg, 934 W Mullan Ave., spoke in opposition to the City having animal control. Mylinda Fitz, 727 W. 3rd Street, explained the fees for loose pets and spoke in support of the City of Waterloo animal control. Jean Lueders, 1901 Baltimore St., spoke in support of Mike Guild. Bud Eggleston, 1446 Lyon Ave., spoke in support of Mike Guild. Renata Sack, 414 Sunset Road, spoke in support of Mike Guild. Barb Dunakey, 1936 Caras Road, spoke in support of Mike Guild. Karen Jones, 5067 Faulk Road, spoke in support of Mike Guild. May 5, 2014 Page 8 Jim Walsh, City Attorney, explained the rules of Civil Service. Josh Wilson, 2831 Saratoga Drive, expressed concern with the comments made during the work session. Bill Kammeyer, 526 Home Park Blvd., expressed concern with the comments Ms. Cole made during the work session. Forest Dillavou, 1725 Huntington Road, expressed concern with the political statements being made by Council. Bud Eggleston, 1446 Lyon Ave., questioned the appeal process for Civil Service. Steve Murphy, 124 Terrace Drive, expressed concern with the City of Waterloo animal control division. Randy Herrod, 111 Highland Blvd., spoke in support of the Cedar Bend Humane Society. 142726 - Hart/Welper that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 142727 - Hart/Welper that the Council adjourn at 6:23 p.m. Voice vote -Ayes: Seven. Motion carried. uzy Schar-s, CMC City Clerk/Human Resource Director