HomeMy WebLinkAboutMinutes-11/17/2014 (2)November 17, 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 17, 2014. Mayor
Ernest G. Clark in the Chair. Roll Call: Jones, Schmitt, Lind, Morrissey, Welper, and
Hart. Absent: Cole.
Moment of Silence.
Pledge of Allegiance: Mayor Earnest G. Clark
143832 - Hart/Schmitt
that the Agenda, as amended, to reword ordinance language and a resolution of
necessity on both item numbers 8 & 9 for the Regular Session on Monday,
November 17, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes:
Six. Motion carried.
143833 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, November 10,
2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion
carried.
Mr. Welper questioned item numbers 6 and 13 noting he raised the issue at the
agenda meeting and believes that 1423 Hawthorne was demolished last August and
questioned why it was on the agenda.
Noel Anderson, Community Planning & Development Director, noted that it has been
demolished. They moved ahead with the contract and forgot to come back for the
final step of awarding the contract. It was properly bid out and competitive
bids were received and they moved ahead with it. It included 1423 Hawthorne.
That was for item number 6. Item number 13 relates to an extra work order and
not a change order. That was when 1423 was added onto a current asbestos
contract and that is finalizing it.
Mayor Clark noted that they weren't awarding anything new, just catching up with
the paperwork.
Mr. Morrissey questioned item numbers 8 and 9 of the amended agenda if there is
any change in language as what was passed last week.
Mayor Clark noted that it's the same language. On the original agenda, it was
shortened and that they needed to read the entire language.
Noel Anderson, Community Planning & Development Director, noted the attorney
wanted it changed on the agenda for the new State Code provisions. It's the
same intent.
Mr. Schmitt confirmed that what they're reading is what they read last week.
Mayor Clark responded yes.
Presentation of Character Counts Players of the Year Awards to the following:
Maddox Harn, Keggan Steege, and Jackson Reed.
Presentation of Coach of the Year Awards to the following: Samuel Schweder,
Chris Walker, and Chris Chris.
Mayor introduced Keith Kaspari as the new director of Airport operations.
CONSENT AGENDA
143834 - 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 17, 2014, in the amount of $3,045,870.76, 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. 2014-978.
2. Resolution setting date of public hearing as December 1, 2014 for a
request by Zlatko Kuduzovic to rezone 0.49 acres from "C-2" Commercial
November 17, 2014
Page 2
District and "R-2" One and Two Family Residence District to "C-2"
Commercial District, located at the northeast corner of Ansborough Avenue
and Upton Avenue.
Resolution adopted and upon approval by Mayor assigned No. 2014-979.
3. Resolution re -setting date of bid opening as December 11, 2014 and hearing
as December 15, 2014 for the F.Y. 2015 Geraldine Road - Phase III,
Contract No. 871; and instruct City Clerk to publish notice of plans,
specifications, form of contract, etc..
Resolution adopted and upon approval by Mayor assigned No. 2014-980.
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
Tina Schellhorn,
Electrical Foreman,
Roger Wooden, Kelby
Haines, & Nate
Alderman -
Electricians; Matt
Vlasak, Signal
Technicial Foreman, &
Craig Hintzman -
Signal Tech II
2014 National
Electric Code
Update Class
Waterloo,
IA
12/10/14
$675.00
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
K -Mart #4158
3810 University Ave.
Class C Beer,
B Wine
Renewal
02/28/15
X
The Brown Bottle
209 W 5th St.
Class C Liquor
Renewal
10/21/15
X
Afrodita Bar (formerly
Blue River)
728 Commercial St.
Class C Liquor
New
11/10/15
X
Chilto's Mexican Bar &
Grill
441 E. Towers Park Dr.
Class C Liquor
Renewal
10/28/15
X
Roll call vote -Ayes: Six. Motion carried.
PUBLIC HEARINGS
143835 - Schmitt/Hart
that proof of publication of notice of public hearing on request by American
Pattern Storage, LLC to lease property for a period of three (3) years for
property generally located at the southeast corner of East llth & Sycamore
Street, for $600/month plus demolition activities, as published in the Waterloo
Courier on November 6, 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 comments.
143836 - Schmitt/Hart
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Six. Motion carried.
Mr. Schmitt noted that the rate includes American Pattern paying the utilities
for the property.
John Sherbon, 1715 Robin Road, noted that 7,000 square foot for $600/month
sounds pretty reasonable.
Noel Anderson, Community Planning & Development Director, noted they looked at
similar rent spaces and what they went for. He also noted that included in
their $600 a month is the utilities and taxes on the building and they're doing
the interior demolition work for the opening up the other additional 10,000
square feet. They estimate the interior work to be worth about $45,000 so they
thought that was a fair amount for a three year period.
November 17, 2014 Page 3
John Sherbon, 1715 Robin Road, noted that if he was renting a building and he
was a business owner, he would be footing the bill anyway. Normally when you
rent a building, you get it as is. The demolition is going to be for them and
not us.
143837 - Schmitt/Hart
that "Resolution approving said Lease Agreement with American Pattern Storage,
LLC in the amount of $600/month for a term ending November 16, 2017; 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. 2014-981.
143838 - Welper/Hart
that proof of publication of notice of public hearing on request of Chastity P.
Thomas for the sale of a new construction home located at 923 Lafayette Street
and convey real property for $121,000.00 through the Neighborhood Stabilization
Program, as published in the Waterloo Courier on November 6, 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 comments and there were none.
143839 - Welper/Hart
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
143840 - Welper/Hart
that "Resolution authorizing said sale, conveyance, and promissory note and
authorize City Attorney to prepare and deliver deed accordingly", be adopted.
Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-982.
143841 - Hart/Welper
to cancel hearing in conjunction with the Sale and Conveyance of City -owned
property generally located at 323 Crescent Place, due to lack of bids. Voice
vote -Ayes: Six. Motion carried.
RESOLUTIONS
143842 - Morrissey/Hart
that "Resolution approving Amendment to Development Agreement with MMC
Properties, LLC for the new industrial building on Geraldine Road - changing the
timeframe to begin construction from earlier this spring to this fall and
completion within 6 months, and authorize Mayor to sign and fully execute the
document", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-983.
143843 - Morrissey/Hart
that "Resolution approving award of bid to Lehman Trucking and Excavation of
Waterloo, Iowa, in the amount of $48,400 for the Demolition and Site Clearance
Services, (no RACM) for 1423 Hawthorne Avenue, 928 Mulberry, 421 Almond, 717
Vinton, and 1013 Lincoln Streets and approve Contract, Bonds and Certificate of
Insurance; 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. 2014-984.
143844 - Morrissey/Hart
that "Resolution approving request by JDE Engineering of Waterloo, Iowa for the
11 -lot Preliminary and Final Plat of South Port Third Addition, zoned "M-1"
Light Industrial District; 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. 2014-985.
November 17, 2014 Page 4
ORDINANCES
143845 - Hart/Welper
that "an Ordinance providing that general property taxes levied and collected
each year on all property located within the Amended and Restated Crossroads
Waterloo Urban Renewal 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 considered and passed for the second time. Roll call
vote -Ayes: Six. Motion carried.
Mr. Lind questioned whether they're able to release any valuations on either one
of the TIFs for this year.
Michelle Weidner, Chief Financial Officer, noted that Crossroads hasn't begun so
there wouldn't be any increment there to release. She doesn't have the
valuations for next year for downtown but she would predict not.
143846 - Hart/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried.
143847 - Hart/Welper
that "an Ordinance providing that general property taxes levied and collected
each year on all property located within the Amended and Restated Crossroads
Waterloo Urban Renewal 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 considered and passed for the third time and adopted.
Roll call vote -Ayes: Six. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5253.
143848 - Hart/Welper
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 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 considered and passed for the
second time. Roll call vote -Ayes: Six. Motion carried.
143849 - Hart/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried.
143850 - Hart/Welper
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 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 considered and passed for the
third time and adopted. Roll call vote -Ayes: Six. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5254.
143851 - Hart/Morrissey
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
November 17, 2014 Page 5
establishments, of Chapter 3, Sewer Regulation, of Title 8, Public Utilities",
be considered and passed for the second time. Roll call vote -Ayes: Five.
Nays: One (Schmitt). Motion carried.
David Dryer, 3145 W. 4th Street, noted he understands there is no requirement
from the EPA of a fog discharge into the stream. He questioned the need for the
sewer, and if there are a lot of sewers plugged up that the City has to clean
out. He questioned that if there is nothing from the EPA, what is the reason
for the ordinance.
Mayor Clark noted it is all being driven by the EPA requirements.
143852 - Hart/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 (Schmitt,
Morrissey). Motion failed.
143853 - Schmitt/Hart
that "an Ordinance amending the Code of Ordinances by repealing Title 3, Chapter
5, Article A. Ambulances", be received, placed on file, considered and passed
for the first time. Roll call vote -Ayes: Six. Motion carried.
143854 - Schmitt/Hart
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried.
143855 - Schmitt/Hart
that "an Ordinance amending the an Ordinance amending the Code of Ordinances by
repealing Title 3, Chapter 5, Article A. Ambulances", 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. 5255.
OTHER COUNCIL BUSINESS
143856 - Hart/Morrissey
that Change Order No. 2 for an increase of $6,397.32 for work performed by
Municipal Pipe Tool Company, LLC of Hudson, Iowa for the Sanitary Sewer
Improvements Service Area No. 15 and No. 16, Phase I CIP Pipe Lining Contract
No. 866; and authorize Mayor and City Clerk to execute said document, be
received, placed on file and approved. Voice vote -Ayes: Six. Motion carried.
143857 - Welper/Hart
that Change Order/Extra Work Order No. 1 for an increase of $6,500 for
additional asbestos abatement services for 1423 Hawthorne Street in conjunction
with the FY14 Asbestos Abatement Contract with Advanced Environmental of
Waterloo, Iowa; and authorize Mayor and City Clerk to execute said document, be
received, placed on file and approved. Voice vote -Ayes: Six. Motion carried.
143858 - Schmitt/Morrissey
to instruct Public Works Director to prepare specifications & bid document for
the Purchase of Two (2) Model 2015 Compact Pickup Trucks for the Building
Inspection Department, be approved. Voice vote -Ayes: Six. Motion carried.
143859 - Schmitt/Morrissey
that specifications & bid document for the Purchase of Two (2) Model 2015
Compact Pickup Trucks for the Building Inspection Department, be received and
placed on file. Voice vote -Ayes: Six. Motion carried.
143860 - Schmitt/Morrissey
that "Resolution preliminarily approving specifications and bid document", be
adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-986.
November 17, 2014 Page 6
143861 - Schmitt/Morrissey
that "Resolution setting date of bid opening as December 11, 2014 and hearing as
December 15, 2014; and instruct City Clerk to publish notice of specifications
and bid document and taking of bids", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-987.
143862 - Hart/Morrissey
to instruct Public Works Director to prepare specifications & bid document for
the Purchase of Seven (7) Model 2015 Patrol Vehicles for the Police
Department, be approved. Voice vote -Ayes: Six. Motion carried.
143863 - Hart/Morrissey
that specifications & bid document for the Purchase of Seven (7) Model 2015
Patrol Vehicles for the Police Department, be received and placed on file.
Voice vote -Ayes: Six. Motion carried.
143864 - Hart/Morrissey
that "Resolution preliminarily approving specifications and bid document", be
adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-988.
143865 - Hart/Morrissey
that "Resolution setting date of bid opening as December 11, 2014 and hearing as
December 15, 2014; and instruct City Clerk to publish notice of specifications
and bid document and taking of bids", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-989.
ORAL PRESENTATIONS
Jack Black, 227 Downing Avenue, questioned the Waterloo Black Hawks lease
agreement. He spoke in support of the new lease.
Mayor Clark noted there will be a work session next Monday and the vote will be
taken the following Monday which is December 1st.
Forrest Dillavou, 1725 Huntington Road, noted that there was an informative
footing drain meeting at the library on Wednesday. He suggested holding the
next meeting in the Council Chambers, so it can be televised.
David Dryer, 3145 W. 4th Street, expressed concern with the Waterloo Black Hawks
lease.
Mayor Clark encouraged anyone concerned with the Black Hawks lease situation to
come to the Work Session next Monday at approximately 4:00 p.m.
143866 - Hart/Welper
that the above oral comments be received and placed on file. Voice vote -Ayes:
Six. Motion carried.
ADJOURNMENT
143867 - Hart/Welper
that the Council adjourn at 5:59 p.m. Voice vote -Ayes: Six. Motion carried.
Caro11
e ers
Deputy City Clerk