HomeMy WebLinkAboutMinutes-11/24/2014November 24, 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 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: Jim Walsh, City Attorney.
143868 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, November 24,
2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
143869 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, November 17,
2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
143870 - 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
November 24, 2014, in the amount of $3,308,418.07, 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. 2014-990.
2. Resolution approving cancellation of assessment for 537 Riehl Street in
the amount of $86.25, 816 Kingsley Ave. in the amount of $183.89, 1050
Independence Ave. in the amount of $77.25, and 161 Linwood Ave. in the
amount of $30.26; and authorize City Clerk to notify Black Hawk County
Treasurer of said cancellation.
Resolution adopted and upon approval by Mayor assigned No. 2014-991.
3. Request of Craig Cafaro for tax exemptions on the construction of a new
single family home valued at $298,000 for property located at 1955 Red
Tail Dr. and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2014-992.
4. Request of Jordan Latta for tax exemptions on the construction of a new
single family home valued at $176,000 for property located at 4151
Mockingbird Lane and located in the City Limits Urban Revitalization Area
(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2014-993.
5. Request of Katrina M. Althaus for tax exemptions on the construction of a
new twin home (condo) valued at $144,500 for property located at 4124
Mourning Dove Drive and located in the City Limits Urban Revitalization
Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2014-994.
6. Request of Robert Lisenbee & Sarah Hannes for tax exemptions on the
construction of a new twin home (condo) valued at $174,900 for property
located at 4175 Mourning Dove Drive and located in the City Limits Urban
Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2014-995.
7. Request of Mujo Sabic for tax exemptions for the construction of a new
single family home valued at $150,000 located at 1922 Martin Luther King
Jr. Drive and located in the Consolidated Urban Revitalization Area
(CURA).
November 24, 2014
Resolution adopted and upon approval by Mayor assigned No. 2014-996.
Page 2
8. Request of Larry Schellhorn for tax exemptions for the construction of a
new garage valued at $18,000 located at 1204 Longfellow Avenue and located
in the Consolidated Urban Revitalization Area (CURA).
Resolution adopted and upon approval by Mayor assigned No. 2014-997.
b. Motion to approve the following:
1.
a.
b.
2.
a.
b.
c.
d.
e.
Travel Requests
Name & Title of
Class
New or
Renewal
Expiration
Date
Amount not
Personnel
Class/Meeting
Destination
Date(s)
to exceed
Officer Moore
Tactical Medicine
Johnston,
12/9/14-
$355.00
Sideline Sports Bar
& Grill
814 LaPorte Rd.
for Patrol
IA
12/11/14
X
Nancy Gulick,
NCDA 2015 Winter
Washington,
01/20/15
$2,390.00
Community
Legislative &
D.C.
-
Development
Policy Meeting
01/23/15
Coordinator
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Casey's General
Store #2867
2424 Ranchero Rd.
Class C Beer & B
Native Wine
Renewal
12/27/15
X
New Star Liquor
1625 W. 4th St.
Class E Liquor,
B Wine, & C Beer
Renewal
12/10/15
X
Sideline Sports Bar
& Grill
814 LaPorte Rd.
Class C Liquor
New
11/19/15
X
The Saloon
303 W. 4th St.
Class C Liquor
Renewal
11/14/15
Z's Restaurant &
Lounge
3937 W. Airline
Hwy.
Class C Liquor
Renewal
10/31/15
3. Recommendation of appointment of Matthew Schaefer, from the Civil Service
list to the vacant position of Plant Maintenance Mechanic at the Waste
Management Services Department, effective December 1, 2014.
Roll call vote -Ayes: Seven. Item b.2.b Nays: One (Lind). Motion carried.
Mayor Clark recognized the new appointees.
Mayor Clark wished Ethel Washington well on her retirement.
PUBLIC HEARINGS
143871 - Schmitt/Morrissey
that proof of publication of notice of public hearing on rezone request from
GMJ2 Industries to rezone 61.11 acres from "A-1" Agricultural District, "C-2"
Commercial District and "M-1" Light Industrial District to "R -1,R -P" Planned
Residence District, property generally located at the northeast corner of East
Shaulis Road and Texas Street, directly east of Highway 218, as published in the
Waterloo Courier on November 4, 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.
Dale Carroll, 130 Trible Rd., expressed concern with creation of additional
water issue that could be caused by the development. He submitted a petition in
opposition to the housing development. He asked that Fish Lake be cleaned out.
Kim Elliot, 327 Oakridge Road, expressed concern with the condition of the water
way leaving Cedar Terrace.
Maureen Krause, 941 Belle Street, expressed concern with the water issues in the
Cedar Terrace neighborhood.
Sarah Nordman, 3506 Balsam Street, expressed concern with the water not draining
properly.
November 24, 2014 Page 3
Tom Dallenbach, 3575 Cedar Terrace Dr., expressed concern with the water runoff.
Steve Lentzkow, 1013 Belle St., expressed concern with the Cedar Terrace water
issues.
Jeff Essmann, 338 Crestridge Dr., expressed concern with the petition and the
lack of information given when it was presented. He also expressed issue with
the water runoff. He spoke in support of the housing development.
Denny Staebell, 16 Silver Lakes, expressed concern with excess water and asked
Council to take action but is not opposed to the housing addition.
Mr. Morrissey expressed concern with the overgrowth in creek. He asked that the
opposition group meet with the developer to see if they can resolve the issues.
Mr. Welper spoke in support of the efforts being taken to help with the water
issues.
Mr. Schmitt pointed out that the real problem is below Cedar Terrace. He asked
if there is any possibility of funding a solution to the draining issues. He
asked that the item be delayed to allow the citizens to gather more information.
Eric Thorson, City Engineer, pointed out that there is not a lot of funds
available for storm water projects. The project will need to be funded by
bonds.
Mr. Carroll explained that at the meeting it was not explained who would
maintain the lake and there was no guarantees that this will not create more
water issues.
Jim Ellis, JDE Engineering, explained that he has spoke with the majority of the
concerned citizens present tonight. He has advertised and tried to reach out to
all of the concerned citizens.
Mike Elliot, 325 Oakridge, reiterated that the citizens are not against the
development. They are concerned with the bottle neck and sink creek.
Mr. Morrissey asked that a feasibility study be done to know what it will cost
to clean Sink Creek.
Ms. Cole asked that Council look at addressing the water issues for the Cedar
Terrace neighborhood.
Eric Thorson, City Engineer, explained that cleaning the Creek will also need to
be coordinated with the County because a portion of the route to the Cedar River
goes out into the County.
Mr. Schmitt commented that the citizens are fearful of the impact of the
development and a study needs to be done.
Doug Schindel, AECOM, explained there has been a study previously done and he
would be happy to assist in looking at options.
Jim Ellis, JDE Engineering, expressed concern with tabling the development when
the development cannot fix the issue. The water issue is upstream.
143872 Schmitt/Hart
that the hearing be closed and oral and written comments be received and placed
on file.
143873 - Morrissey/Schmitt
To table for 4 weeks.
143874 - Morrissey/Lind
To amend the motion to table for 4 weeks or until the study has been reviewed.
Ayes: Three. Nays: Four (Jones, Welper, Hart, Cole.) Motion failed.
143875 - Hart/Schmitt
To table the issue until Dec. 22 to review the study. Ayes: Seven. Motion
carried.
November 24, 2014 Page 4
143876 - Hart/Schmitt
that proof of publication of notice of public hearing on Request for proposal
for Well Plugging, Demolition, and Site Clearance Services for former Rath
Packing Company Well House located in the 1600 block of Sycamore Street, as
published in the Waterloo Courier on November 6, 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.
143877 - Hart/Schmitt
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
143878 - Hart/Schmitt
that "Resolution confirming approval of plans, specifications, form of contract,
etc.", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-998.
143879 - Hart/Schmitt
that "Resolution ordering construction", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-999.
Hart/Schmitt
Motion to receive and file and instruct City Clerk to read bids and refer to
Community Planning & Development Director for review.
Bidder
Bid Amount
Cahoy Well & Pump Service
Sumner, IA
$7,545.00
Shawver Well Co.
Fredericksburg, IA
$10,600.00
Voice vote -Ayes: Seven.
RESOLUTIONS
143880 - Cole/Morrissey
that "Resolution approving Convention & Visitors Bureau (CVB) Board
recommendations for funding of hotel -motel tax mini -grant application in the
amount of $2,310 to Minnesota Youth Athletic Services for the Hawkeye Nationals
Wrestling Tournament December 6 & 7, 2014", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-1000.
143881 - Cole/Morrissey
that "Resolution seeking support from Federal and State Government to assist
citizens with the cost of Footing Drain Disconnects", be adopted. Roll call
vote -Ayes: Seven.
Mr. Welper questioned if Mr. Morrissey has anyone lined up to take this
resolution beyond this room and carry a bill forward.
Mr. Morrissey explained that he has spoke with State Senator Dotzler and he will
go take this forward. He has also drafted a letter and will work with the legal
staff to send to US Senate, Congress, etc. asking them to take a bill forward.
Mr. Schmitt commented that there may be a better way to approach this such as
trying to receive grant funds.
Mr. Walsh explained that Council or any citizens can ask for assistance and this
will just allow Councils name to be on that letter.
Resolution adopted and upon approval by Mayor assigned No. 2014-1001.
143882 - Cole/Morrissey
November 24, 2014 Page 5
that "Resolution designating Michelle Weidner, Chief Financial Officer, to be
appointed to work with the Securities & Exchange Commission's Enforcement
Division (the SEC) to determine whether a voluntary filing should be made under
the SEC Municipalities Continuing Disclosure Cooperation (MCDC) Initiative", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-1002.
143883 - Hart/Schmitt
that "Resolution approving the City of Waterloo Annual Financial Report for the
Fiscal Year ended June 30, 2014; and authorize publication of the report and
submission of the report to the State of Iowa", be adopted. Roll call vote -
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-1003.
143884 - Hart/Schmitt
that "Resolution approving National Association of VOCA Assistance
Administrators grant money as a sub -recipient from the Office for Victims of
Crime in the amount of $4,650, with no matching funds required, to be directly
applied to projects related to crime victim assistance; and authorize the Mayor
to execute said document", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-1004.
143885 - Hart/Schmitt
that "Resolution approving Supplemental Professional Services Agreement with
Struxture Architects of Waterloo, Iowa, in the amount not to exceed $8,500 for
design work, contract documents, bidding assistance, submittal reviews and on-
site meetings with construction personnel in conjunction with the Waterloo
Public Library Restroom Renovation project", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-1005.
143886 - Welper/Morrissey
that "Resolution approving request to waive application of bidding policy and
award the bid received from Turfwerks of Johnston, Iowa in the amount of $36,000
for the purchase of one (1) Jacobsen R311 Wide Area Rough Mower (unit already
bid through the State of Iowa DOT Office)", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-1006.
143887 - Welper/Morrissey
that "Resolution approving Amendment to Development Agreement with R & S
Commercial, LLC, adding $2,650 to City responsibilities as unknown underground
materials (concrete piping) were discovered in the development of City owned
lots; and authorize Mayor to execute said document", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-1007.
143888 - Welper/Morrissey
that "Resolution approving request to certify to the Black Hawk County Auditor
expenditures that qualify for reimbursement in the Downtown Waterloo Urban
Renewal and Redevelopment Tax Increment District and place the certification on
file", be adopted. Roll call vote -Ayes: Seven.
Mr. Lind asked if we are certifying the debt and what the Cattle Congress
district was for.
Michelle Weidner, Chief Finance Officer, explained that the process for
receiving the tax dollars from the County. She explained the reason for the
Cattle Congress TIF.
Resolution adopted and upon approval by Mayor assigned No. 2014-1008.
143889 - Cole/Schmitt
that "Resolution approving to certify to the Black Hawk County Auditor
expenditures that qualify for reimbursement in the Cattle Congress Tax Increment
•
' November 24, 2014 Page 6
District and place the certification on file", be adopted. Roll call vote -Ayes:
Seven.
Mr. Morrissey asked for an explanation of the documents provided to Council.
Michelle Weidner, Chief Finance Officer, explained that this is an internal
schedule that tracks expenditures through June 2014 and the revenue collected.
Mr. Lind questioned what the County will look at.
Michelle Weidner, Chief Finance Officer, explained that the County has to review
several documents including the documents in the Council packet.
Resolution adopted and upon approval by Mayor assigned No. 2014-1009.
143890 - Cole/Schmitt
that "Resolution approving to certify to the Black Hawk County Auditor
expenditures that qualify for reimbursement in the Logan Avenue Tax Increment
District and place the certification on file", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-1010.
143891 - Cole/Schmitt
that "Resolution approving to certify to the Black Hawk County Auditor
expenditures that qualify for reimbursement in the Martin Road Tax Increment
District and place the certification on file", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-1011.
143892 - Cole/Schmitt
that "Resolution approving to certify to the Black Hawk County Auditor
expenditures that qualify for reimbursement in the MidPort/Airport Tax Increment
District and place the certification on file", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-1012.
143893 - Cole/Schmitt
that "Resolution approving to certify to the Black Hawk County Auditor
expenditures that qualify for reimbursement in the Northeast Industrial Area Tax
Increment District and place the certification on file", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-1013.
143894 - Cole/Schmitt
that "Resolution approving to certify to the Black Hawk County Auditor
expenditures that qualify for reimbursement in the Rath Area Tax Increment
District and place the certification on file", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-1014.
143895 - Cole/Schmitt
that "Resolution approving to certify to the Black Hawk County Auditor
expenditures that qualify for reimbursement in the San Marnan Tax Increment
District and place the certification on file", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-1015.
143896 - Cole/Schmitt
that "Resolution approving to certify to the Black Hawk County Auditor
expenditures that qualify for reimbursement in the Crossroads Waterloo Tax
Increment District and place the certification on file", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-1016.
November 24, 2014
ORDINANCES
143897 - Cole/Hart
Page 7
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",
be considered and passed for the third time and adopted. Roll call vote -Ayes:
Six. Nays: One (Schmitt). Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5256.
143898 - Schmitt/Hart
that "an Ordinance amending the 2008 Traffic Code by adding Subsection (7) Heath
Street to Section 552, "No Parking Between Signs" East Side of the 1900 Block of
Heath Street", be received, placed on file, considered and passed for the first
time. Roll call vote -Ayes: Seven. Motion carried.
143899 - Schmitt/Hart
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
143900 - Schmitt/Hart
that "an Ordinance amending the 2008 Traffic Code by adding Subsection (7) Heath
Street to Section 552, "No Parking Between Signs" East Side of the 1900 Block of
Heath Street", be considered and passed for the second and third times and
adopted. Roll call vote -Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 5257.
OTHER COUNCIL BUSINESS
143901 - Hart/Welper
that Change Order No. 2 for a net decrease in the amount of $60,160.83, for
Rehabilitate Taxiway B Project for Waterloo Regional Airport with Cedar Valley
Corp. of Waterloo, Iowa; and authorize Mayor to execute said document, be
received, placed on file and approved. Voice vote -Ayes: Seven. Motion
carried.
143902 - Hart/Welper
that Change Order No. 1 for a net increase in the amount of $490, for additional
equipment purchased from Murphy Tractor & Equipment Co. of Waterloo, IA, for the
Snow Removal Equipment project for Waterloo Regional Airport; and authorize
Mayor to execute said document, be received, placed on file and approved. Voice
vote -Ayes: Seven. Motion carried.
143903 - Hart/Welper
that Change Order No. 1 for a net decrease in the amount of $650, for the Metal
Roofing Restoration - Snow Removal Equipment Building Project with Pella Roofing
and Insulation, Co. of Vinton, Iowa; and authorize Mayor to execute said
document, be received, placed on file and approved. Voice vote -Ayes: Seven.
Motion carried.
ORAL PRESENTATIONS
Forest Dillavou, 1725 Huntington Road, expressed concern with the cost of the
footing drain disconnects.
Craig Clark, Building Official, announced that there is a meeting at 5 p.m.
tomorrow night at the library.
Mayor Clark announced that it will be recorded and played on the CATV.
143904 - Hart/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
143905 - Hart/Schmitt
that the council adjourn to Executive Session at 6:51 p.m. Roll call vote -Ayes:
Seven. Motion carried.
•
November 24, 2014 Page 8
City Attorney Jim Walsh stated that discussion of pending and potential
litigation, is an approved topic of Executive Session pursuant to Iowa Code
Section 21.5(1)(c)(2014).
EXECUTIVE SESSION
143906 - Hart/Schmitt
that the council adjourn Executive Session at 7:15 p.m. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
143907 - Hart/Schmitt
that the Council adjourn at 7:15 p.m. Voice vote -Ayes: Seven. Motion carried.
f-Sqzy Sc ares, CMC
City C1-rk/Human Resource Director