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HomeMy WebLinkAboutMinutes-11/10/2014November 10, 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, November 10, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Schmitt, Lind, Morrissey, Welper, and Hart. Absent: Cole and Jones Moment of Silence. Pledge of Allegiance: Students from the Boys and Girls Club of Waterloo. 143797 - Hart/Schmitt that the Agenda, as amended, to reword ordinance language and ad resolution of necessity on both item numbers 5 & 6 for the Regular Session on Monday, November 10, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Five. Motion carried. 143798 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, November 3, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Five. Motion carried. Mayor Clark performed a Swearing in of Police Officers Matthew Woodward and Abby Oelmann. CONSENT AGENDA 143799 - Hart/Welper 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 November 10, 2014, in the amount of $3,202,230.21, 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. 2014-961. 2. Request of Dyanna Pooley for tax exemptions on construction of a new twin home (condo) valued at $144,900 for property located at 4126 Mourning Dove Dr. and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-962. 3. Request of Ricklefs Excavating for a variance to the Noise Ordinance on November 5, 2014 through November 19, 2014, 24 hours a day, in conjunction with construction of a pump station at the northeast corner of Campbell Ave. and Ansborough Ave., together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-963. b. Motion to approve the following: 1. 2. 3. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to exceed Noel Anderson, 2015 Cedar Valley Washington, 04/28/15- $1,830.00 CP&D Coalition DC 04/30/15 Rudy Jones, 2015 Cedar Valley Washington, 04/23/15- $1,690.00 Community Coalition DC 04/30/15 Development Director Mike Schipper Haz Mat Technician Marshalltown, 11/13/14- $152.25 Recertification IA 11/14/14 4. Recommendation of appointment of Don Colvin to the position of Garage Mechanic foreman from the current Civil Service List effective November 17, 2014. November 10, 2014 5. Mayor Clark's recommendation of the following appointment: 6. 7. 8. 9. Page 2 Appointee Board/Commission Expiration Date New or Re- Appointment Julie Gardner HVAC Mechanical Board of Licensing, Examiners & Appeals 11/10/17 New Mike Fereday HVAC Mechanical Board of Licensing, Examiners & Appeals 11/10/17 New Travis Young HVAC Mechanical Board of Licensing, Examiners & Appeals 11/10/17 New Duane Kuenstling ADA Compliance Commission 11/10/17 New Matthew Chapman Board of Electrical Examiners & Appeals 11/10/17 New Richard Mott, Jr. Board of Electrical Examiners & Appeals 11/10/17 New Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday The Penalty Box 118 Commercial St. Class C Liquor & Outdoor Service Renewal 09/18/15 X LJ's Neighborhood Grill & Bar 3550 Kimball Ave. Class C Liquor & Outdoor Service Renewal 11/05/15 X Panda House 1415 E. San Marnan Dr. Special Class C Beer & Wine Renewal 09/10/15 X Logan Ave. Convenience 735 Logan Ave. Class E Liquor, B Wine, & C Beer New 10/31/15 X 10. Cigarette/Tobacco Permit Renewal Applications NAZ, Inc. dba Logan Convenience Store, 735 Logan Avenue 11. Salvage Yard License Applications Jamie Aikey, Midwest Auto Parts, 275 Rampart Lane Roll call vote -Ayes: Five. Nay:(Hart)on item 1.b.9. Motion carried. LICENSES (Staff recommends denial of the following) Salvage Yard License Applications: 143800 - Schmitt/Hart to approve Auto Rite Motors, 2761 Logan Ave. Voice vote-Nayes: Five. Motion failed. Noel Anderson, Community Planning and Development Director, explained that the applicant has not gone through the proper zoning process to allow for this type of business. 143801 - Schmitt/Hart to approve Plum's R & B, 2630 W.C.F & N Dr. Voice vote-Nayes: Five. Motion Failed. PUBLIC HEARINGS 143802 - Welper/Hart that proof of publication of notice of public hearing on request of City of Waterloo to appeal the City Code requirement prohibiting vehicles from parking on the city -owned right-of-way, located along Paper Mill Street between LaPorte Road and Gladys Street, as published in the Waterloo Courier on October 30, 2014, be received and placed on file. Voice vote -Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. November 10, 2014 143803 - Welper/Hart that the hearing be closed. Voice vote -Ayes: Five. Motion carried. 143804 - Welper/Hart Page 3 that "Resolution approving the appeal to allow parking on the city -owned right- of-way, located along Paper Mill Street between LaPorte Road and Gladys Street", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2014-964. 143805 - Hart/Morrissey that proof of publication of notice of public hearing on amended and restated Crossroad Waterloo Urban Renewal and Redevelopment Plan, as published in the Waterloo Courier on October 30, 2014, be received and placed on file. Voice vote -Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Forest Dillavou, 1725 Huntington Road, asked for an explanation. Noel Anderson, Community Planning and Development Director, explained that the new state rules require this process when a project begins in the district. 143806 - Hart/Welper that the hearing be closed and receive and file recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments. Voice vote -Ayes: Five. Motion carried. 143807 - Hart/Welper that "Resolution determining an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the amended and restated plan", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2014-965. 143808 - Hart/Welper that "an Ordinance providing that general property taxes levied and collected each year on all property located within the newly amended and restated Crossroad Waterloo Urban Renewal and Redevelopment Plan (TIF District), in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Five. Motion carried. 143809 - Hart/Morrissey that proof of publication of notice of public hearing on amended and restated Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, as published in the Waterloo Courier on October 30, 2014, be received and placed on file. Voice vote -Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 143810 - Hart/Welper that the hearing be closed and receive and file recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments. Voice vote -Ayes: Five. Motion carried. 143811 - Hart/Welper that "Resolution determining an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the amended and restated plan", be adopted. Roll call vote -Ayes: Five. November 10, 2014 Resolution adopted and upon approval by Mayor assigned No. 2014-966. 143812 - Hart/Welper Page 4 that "an Ordinance providing that general property taxes levied and collected each year on all property located within the Amended and Restated Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal Project", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Five. Motion carried. 143813 - Schmitt/Hart that proof of publication of notice of public hearing on the request for proposal for Demolition and Site Clearance Services (no RACM) for 927 West Mullan, 100 Blackwood, 3175 Independence, 2375 Independence, and 4012 Leversee, as published in the Waterloo Courier on October 23, 2014, be received and placed on file. Voice vote -Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 143814 - Schmitt/Hart that the hearing be closed. Voice vote -Ayes: Five. Motion carried. 143815 - Schmitt/Hart that "Resolution confirming approval of plans, specifications, bid document, etc. with the request for proposal for Demolition and Site Clearance Services (no RACM) for 927 Mullan, 100 Blackwood, 3175 Independence, 2375 Independence, and 4012 Leversee", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2014-967. 143816 - Schmitt/Hart that "Resolution to proceed with the request for proposal for Demolition and Site Clearance Services (no RACM) for 927 Mullan, 100 Blackwood, 3175 Independence, 2375 Independence, and 4012 Leversee", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2014-968. 143817 - Schmitt/Hart to receive, file and instruct City Clerk to read bids and refer to Community Planning & Development Director for review: Bidder Bid Security Bid Amount (Excluding 100 Blackwood) Bid Amount 100 Blackwood (FEMA Project) Lehman Trucking & Excavating, Inc. 1422 Ashland Ave. Waterloo, IA 5% $128,925 $8,050 Peterson contractors, Inc. Box A Reinbeck, IA 5% $136,850 $18,150 Voice vote -Ayes: Five. RESOLUTIONS 143818 - Morrissey/Welper that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by KWS, Inc. of Cedar Falls, Iowa in the amount of $224,450 for the Traffic Communications Infrastructure: Fiber Optics Phase 1-1 Project No. TOF205", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2014-969. November 10, 2014 143819 - Morrissey/Welper Page 5 that "Resolution approving Construction Plans for Sanitary Sewer, Storm Sewer, and Paving serving Prairie Meadow Estates Addition, as submitted by Anderson Bogert of Cedar Rapids, Iowa, and Sewage Treatment Agreement DNR Form 29 (Nov 00) with the Department of Natural Resources and the final acceptance of construction plans subject to the review and acceptance by the DNR; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2014-970. 143820 - Morrissey/Welper that "Resolution approving participation in the Northeast Industrial Access Study, in the amount of $45,000; and authorize the Mayor and City Clerk to sign and fully execute said documents", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2014-971. 143821 - Welper/Schmitt that "Resolution approving early payment of the Professional Services Agreement with Main Street Waterloo, in the amount of $20,000; and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2014-972. 143822 - Welper/Schmitt that "Resolution approving Professional Services Agreement for Decision Making at the University of Northern Iowa professional assistance in economic development services $2,500; and authorize the Mayor and City Clerk to execute adopted. Roll call vote -Ayes: Five. with the Institute for technical and in the amount of said documents", be Resolution adopted and upon approval by Mayor assigned No. 2014-973. 143823 - Welper/Schmitt that "Resolution approving award of contract to Frickson Brothers Excavating of Evansdale, IA, in the amount of $52,900 for the Demolition and Site Clearance Services, (no RACM) for 67 Franklin Street, 134 Dearborn Street, 520 Cottage, 820 Fowler, 420 Dawson, and 409 State Street; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2014-974. 143824 - Welper/Schmitt 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 November 12, 2014 to May 12, 2014; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2014-975. ORDINANCES 143825 - Schmitt/Welper that "an Ordinance amending the Code of Ordinances of the City of Waterloo, by adopting Article E, Regulation of Fat, Oil and Grease discharged by food service establishments, of Chapter 3, Sewer Regulation, of Title 8, Public Utilities in conjunction with Regulation of Fat, Oil and Grease Discharge by Food Service Establishments", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Four. Nays: One (Schmitt). Motion carried. David Dryer, 3145 W. 4th St., expressed concern with the ordinance. Al Manning, Owner Sub City 3045 Kimball Ave., asked that a mechanism be put in place to determine need for equipment and an appeal process. He suggested financial assistance for businesses facing hardship in regards to the FOG program, similar to that given to residents impacted by the footing drain program. Mr. Schmitt explained that he has received calls from food service establishments regarding concerns with the impact of the ordinance. He asked if November 10, 2014 Page 6 there is a matrix in place to determine need and if there is an appeal process. He expressed concern with casting such a large net and not going after the known violators first. Larry Smith, Waste Management Superintendent, explained the noted that there is a section in the Ordinance dealing with and the appeal process. It will ultimately be up to the current ordinance allows us to shut businesses down that are This ordinance gives a vehicle to monitor businesses and comply with the EPA standards. The City will be glad to owners to help them prepare for this ordinance. appeal process and financial hardships City Council. The flagrant violators. work with them to meet with business Mayor Clark explained that the City is doing this to comply with the EPA requirements. Most other large cities have this ordinance. The fee schedule has been postponed until the cost of the program is determined. Jim Walsh, City Attorney, explained that the Federal Clean Water Act is where this all started. The Act is being amended and will scrutinize areas such as Waterloo. The system we have now is inadequate and the City needs a better mechanism to comply with the Federal mandate. Mr. Schmitt expressed that we should go after known violators first. Mr. Hart asked for a description of the process after the ordinance is passed and staff is hired. Larry Smith, Waste Management Superintendent, explained that for the short term there will be a lot of paperwork. All food service establishments should be inspected at a minimum of once a year. Mr. Morrissey clarified that food service establishments can use existing or alternative mechanisms such as grease traps as long as they meet the minimum requirements. He questioned how inspections will be handled. He also clarified that there will be meetings with the establishments to discuss the ordinance. Craig Clark, Building Official, agreed with this statement. He noted that most of the grease traps do not meet the minimum standards. Larry Smith, Waste Management Superintendent, explained that the inspector will schedule convenient times with the food service establishments. The Black Hawk County Health Department will be doing the health inspections but will not be conducting the FOG inspections. OTHER COUNCIL BUSINESS 143826 - Hart/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. for the F.Y. 2015 Geraldine Road - Phase III, Contract No. 871, be approved. Voice vote -Ayes: Five. Motion carried. 143827 - Hart/Welper that plans, specifications, form of contract, etc. for the F.Y. 2015 Geraldine Road - Phase III, Contract No. 871, be received and placed on file. Voice vote - Ayes: Five. Motion carried. 143828 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. for the F.Y. 2015 Geraldine Road - Phase III, Contract No. 871", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2014-976. 143829 - Hart/Welper that "Resolution setting date of bid opening as December 4, 2014 and date of public hearing as December 8, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. and taking of bids for the F.Y. 2015 Geraldine Road - Phase III, Contract No. 871", be adopted. Roll call vote - Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2014-977. ORAL PRESENTATIONS Forest Dillavou, 1725 Huntington Rd., expressed concern with the number of street lights out and believes we should be tracking them so that the City does November 10, 2014 Page 7 not pay for them. He expressed concern with police being called on Oct. 29th to put down a rabbit. Jim Chapman, 224 Bertch, explained that police calls have reduced now that the grocery store on Byron has closed. David Dryer, 3145 W. 4th St., expressed concern with the FOG ordinance. Mr. Hart attended a "Women in the Military" event. He acknowledged all the men and women who serve our Country. Mr. Morrissey noted that November 29th is small business day and hopes that everyone will support the small businesses in Waterloo. He expressed concern with the Community Foundation moving out of the City of Waterloo. 143830 - Hart/Welper that the above oral comments be received and placed on file. Voice vote -Ayes: Five. Motion carried. ADJOURNMENT 143831 - Hart/Welper that the Council adjourn at 6:35 p.m. Voice vote -Ayes: Five. Motion carried. i Ct ((2 Suzy Sch res, CMC City Cle k/Human Resource Director