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HomeMy WebLinkAboutMinutes-05/27/2014MAY 27, 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 Tuesday, May 27, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Schmitt, Lind, Morrissey, Welper, and Hart. Absent: Jones Moment of Silence. Pledge of Allegiance: Eric Thorson, City Engineer. 142802 - Hart/Schmitt that the Agenda, as amended by noting that #5 had no objections on file, for the Regular Session on Tuesday, May 27, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. 142803 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, May 19, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. Mayor Clark recognized the Waterloo Black Hawk's for an outstanding season. CONSENT AGENDA 142804 - Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. 1. Resolution approving Finance Committee Invoice Summary Report, dated May 27, 2014, in the amount of $14,862,674.66, 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. 2014-406. 2. Request of LaTanya Graves - Martin Luther King Ctr. of HCC for a variance to the Noise Ordinance on June 21st & June 22, 2014 from 10:00 a.m. to 10:00 p.m. in conjunction with the Annual Juneteenth Celebration event to be held at Gates Park, E. 4th & Lester, and Sullivan Park, E. 4th and Adams, including a band 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. 2014-407. 3. Request of Lori Dale for a variance to the Noise Ordinance on August 9, 2014 from 9:00 a.m. to 4:00 p.m. in conjunction with LWS Family Reunion event to be held at Exchange Park, including a 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. 2014-408. 4. Request of Jose Rubio, Jr. for a variance to the Noise Ordinance on June 7, 2014 from 3:00 p.m. to 11:00 p.m. in conjunction with a Wedding Reception to be held at Hope Martin Park, including a 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. 2014-409. 5. Motion to receive official notification from the Iowa Department of Transportation (DOT) proposing to let a guardrail on U.S. 20 in the city of Waterloo over Hess Road (westbound lane) on June 17, 2014. b. Motion to approve the following: Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to exceed Janet Wessels HCV Housing Quality Standards Des Moines, IA 07/07/2014- 07/09/2014 $1,279.74 May 27, 2014 2. 3. 4. 5. Page 2 Sonia Mayer, Bookkeeper/Admi n. Asst. HCV Financial Accounting & Reporting Las Vegas, NV 07/21/2014- 07/24/2014 $2,020.27 Abraham 2014 EEOC EXCEL San Diego, 08/11/2014- $9,430.00 Funchess, Conference CA 08/15/2014 05/10/15 Executive Director; Rebecca Johnson, Human Rights Specialist; Shelly Kruger, Adm. Secretary Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiratio n Date Includes Sunday Screaming Eagle American Bar & Grill 227 E. 4th St. Class C Liquor & Outdoor Service Renewal 04/20/15 X Gates Park Golf Shop 820 E Donald St. Class C Liquor & Outdoor Service Renewal 05/10/15 X Fireworks Display Application 6. Main Street Waterloo, June 12, 2014 on Park Avenue from Mulberry to the south side of the Bridge. Cigarette Permit Application 7. New Star, LLC dba New Star Mart, 315 Fletcher Avenue. 8. Bonds Mr. Lind requested that item 1.a.6, request to cancel sidewalk, weed and snow removal assessments for African American History and Cultural Museum be removed from the consent agenda. Roll call vote -Ayes: Six. Item 1.b.3: Ayes: Five. Nays: One (Lind). Motion carried. Mr. Schmitt abstained from the bills payment of $106.52 for Schmitt Telecom. ITEM 1.a.6. 142805 - Schmitt/Hart Motion to approve the request to cancel sidewalk, weed and snow removal assessments for African American History and Cultural Museum located 1320 E. 4th Street in the amount of $4,014.82; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. 142806 - Morrissey/Hart To table for one week to work out a payment plan. Ayes: Six. PUBLIC HEARINGS 142807 - Hart/Schmitt that proof of publication of notice of public hearing on FYE2014 Budget Amendment, as published in the Waterloo Courier on May 13, 2014, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 142808 - Hart/Welper that the hearing be closed. Voice vote -Ayes: Six. Motion carried. May 27, 2014 142809 - Hart/Welper that "Resolution to approve said budget amendment in conjunction with FYE2014 Budget Amendment", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-410. 142810 - Schmitt/Hart Page 3 that proof Waterloo, Iowa to rezone 3.24 acres from P" Planned Commercial District, located Street and US Highway 63, formerly known in the Waterloo Courier on May 16, 2014, vote -Ayes: Six. Motion carried. of publication of notice of public hearing on request from City of "M-1" Light Industrial District to "C- at the intersection of West Jefferson as the Grand Hotel site, as published be received and placed on file. Voice This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 142811 - Schmitt/Hart that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 142812 - Schmitt/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 City of Waterloo, Iowa to rezone 3.24 acres from "M-1" Light Industrial District to "C- P" Planned Commercial District, located at the intersection of West Jefferson Street and US Highway 63, formerly known as the Grand Hotel site", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. 142813 - Schmitt/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. 142814 - Schmitt/Hart that "an 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 City of Waterloo, Iowa to rezone 3.24 acres from "M-1" Light Industrial District to "C -P" Planned Commercial District, located at the intersection of West Jefferson Street and US Highway 63, formerly known as the Grand Hotel site", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Ordinance adopted and upon approval by Mayor assigned No. 5219. 142815 - Welper/Hart that proof of publication of notice of public hearing on request from Rooff Development of Waterloo, Iowa to rezone approximately 0.413 acres from "C-2" Commercial to "C-3" Commercial District to allow for the construction of eight (8) "Brownstone" Style condominiums at the corner of East 3rd Street and Lafayette Street, as published in the Waterloo Courier on May 16, 2014, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 142816 - Welper/Hart that the hearing be closed. Voice vote -Ayes: Six. Motion carried. Mr. Schmitt stated he is supportive of economic development downtown but this is the wrong location for this development. May 27, 2014 Page 5 142825 - Schmitt/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, approving a Site Plan Amendment on Certain Property in conjunction with request of Candeo Church of Waterloo for a site plan amendment to the "B -P" Business Park District, to allow for the establishment of a new church facility and for the construction of a new parking lot for the church facility, located at 3211 Titan Trail", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. 142826 - Schmitt/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Five. Nays: One (Lind). Motion failed. 142827 - Cole/Hart that proof of publication of notice of public hearing on request of Corstang Enterprises, LLC of Waterloo for a site plan amendment to the "B -P" Business Park District, to allow for the construction of a new 10,800 SF commercial building, located at the northeast corner of Cyclone Drive and Titan Trail, as published in the Waterloo Courier on May 16, 2014, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 142828 - Cole/Hart 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. 142829 - 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, approving a Site Plan Amendment on Certain Property in conjunction with request of Corstang Enterprises, LLC of Waterloo for a site plan amendment to the "B -P" Business Park District, to allow for the construction of a new 10,800 SF commercial building, located at the northeast corner of Cyclone Drive and Titan Trail, be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. 142830 - 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: One (Lind). Motion failed. RESOLUTIONS 142831 - Hart/Morrissey that "Resolution approving revised 28E Agreement with Metropolitan Transit Authority, City of Waterloo, Iowa, and City of Cedar Falls, Iowa to provide a public transit service; 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. 2014-413. 142832 - Hart/Morrissey that "Resolution approving donation of K9 "Spike" to his handler, Officer Al Bovy", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-414. 142833 - Hart/Morrissey that "Resolution approving Memorandum of Understanding with Iowa Northland Regional Council of Governments (INRCOG) in an amount not to exceed $2,000.00 for the writing, preparation, and submittal for Extension of Highway 63 Recreational Trail Application for State Recreational Trail Funds; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote - Ayes: Six. May 27, 2014 Resolution adopted and upon approval by Mayor assigned No. 2014-415. 142834 - Morrissey/Hart Page 6 that `Resolution setting date of hearing as June 16, 2014 to approve proposed repairs in conjunction with the Sidewalk Inspection and Repair Program - Zone 4; and approve request to send out notification to property owners of proposed sidewalk repairs and estimate of costs", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-416. 142835 - Morrissey/Hart that "Resolution approving request to piggyback from current open bid for four (4) 2014 Pickup Trucks for the Sewer Department from Bill Colwell Ford, Hudson, Iowa, in the amount of $93,404.00", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-417. 142836 - Morrissey/Hart that extra work Order No. 1 for a net increase of $54,440.00 for work performed by Todd Van Dorn Construction of Cedar Falls, Iowa in conjunction with the F.Y. 2014 Sidewalk Repair Program - Zone 4 and Trail Repairs, Contract No. 863; and authorize Mayor and City Clerk to execute said documents, be received, placed on file and approved. Voice vote -Ayes: Six. Motion carried. OTHER COUNCIL BUSINESS 142837 - Hart/Welper to instruct Public Works Director to prepare plans, specifications, bid document, form of contract, etc. in conjunction with Public Works Salt Storage Facility, be approved. Voice vote -Ayes: Six. Motion carried. 142838 - Hart/Welper that plans, specifications, bid document, form of contract, etc. in conjunction with Public Works Salt Storage Facility, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 142839 - Hart/Welper that "Resolution preliminarily approving plans, specifications, bid document, form of contract, etc. in conjunction with Public Works Salt Storage Facility", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-418. 142840 - Hart/Welper that "Resolution setting date of bid opening as June 12, 2014 and date of public hearing as June 16, 2014; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids in conjunction with Public Works Salt Storage Facility", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2014-419. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, expressed concern with the budget cuts being directed toward police and fire. David Dryer, 3145 W. 4th Street, supported the budget reductions to police and fire. Bill Kammeyer, 526 Home Park Blvd., expressed concern regarding bonding for animal control while cutting the fire and police department. Jim Walsh, JSA Development, announced an event June 7th and 8th as the re-creation of the "Dillinger's Wheelman in Waterloo" with the help of the Waterloo Community Playhouse. Forest Dillavou, 1725 Huntington Road, disappointed at a Department Heads presentation during a work session and expressed concern with taxes. Paul Huting, Leisure Services Director, announced that the Waterloo Bucks season opener is tomorrow. May 27, 2014 Page 7 Greg Tagtale, 111 Kelly Court, spoke in support of Mike Guild. Randy Herod, 111 Highland Blvd., reported that the board and commission website is outdated. 142841 - Hart/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. ADJOURNMENT 142842 - Hart/Schmitt that the Council adjourn at 6:14 p.m. Voice vote -Ayes: Six. Motion carried. Suzy Sc ares, CMC City Clerk/Human Resource Director