HomeMy WebLinkAboutMinutes-10/27/2014October 27, 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, October 27, 2014. Mayor
Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper,
and Hart.
Moment of Silence.
Pledge of Allegiance: Ron Welper, Ward 5 Council Member.
143738 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, October 27,
2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
143739 - Schmitt/Hart
to split item #8 on the agenda into two motions. Roll call -Ayes: Four. Nays:
Three (Cole, Morrissey, and Welper). Motion carried.
143740 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, October 20,
2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
Mayor Clark read a Proclamation declaring November 2014 as "Cedar Valley United
Way Month".
Hy -Vee presented a check to Friends of the Arts Center from proceeds of
sponsored Stem & Stein event.
CONSENT AGENDA
143741 - 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
October 27, 2014, in the amount of $3,205,289.88, 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. 2014-928.
2. Request of William Chene for a concrete driveway to be located at 1301
Bertch Avenue together with recommendation of approval of City Engineer.
Resolution adopted and upon approval by Mayor assigned No. 2014-929.
3. Resolution setting date of bid opening as November 13, 2014 and hearing as
November 17, 2014 to receive and read bid proposals for the sale of city
owned property located at 323 Crescent Place, with a minimum bid proposal
of $5,000 and a Development Agreement; and instruct City Clerk to publish
notice.
Resolution adopted and upon approval by Mayor assigned No. 2014-930.
4. Resolution setting date of hearing as November 24, 2014 to approve request
of GMJ2 of Waterloo, Iowa 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, located at the northeast corner of
East Shaulis Road and Texas Street, directly east of Highway 218; and
instruct City Clerk to publish Notice.
Resolution adopted and upon approval by Mayor assigned No. 2014-931.
5. Resolution setting date of hearing as November 10, 2014 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; and instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2014-932.
October 27, 2014
Page 2
6. Resolution setting date of hearing as November 10, 2014, and adopt
necessary resolutions and ordinances for the amended and restated
Crossroads Waterloo Urban Renewal and Redevelopment Plan; and instruct
City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2014-933.
7. Resolution setting date of hearing as November 10, 2014, and adopt
necessary resolutions and ordinances for the amended and restated Downtown
Waterloo Riverfront Urban Renewal and Redevelopment Plan; and instruct
City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2014-934.
b. Motion to approve the following:
1.
Travel Requests
Name & Title of
Class/Meetin
New or
Renewal
Expiration
Date
Amount not
Personnel
g
Destination
Date(s)
to exceed
Marty Freshwater,
Pick up new
Appleton,
10/21/14/-
$350.00
Battalion Chief &
Fire Truck
WI
10/22/14
X
Darryl Hartema,
#305
Mechanic
2. Recommendation of appointment of Officers Shawn Monroe, Robert Duncan, &
Steven Bose to the rank of Police Sergeant effective November 1, 2014.
3. Recommendation of appointment of Sergeants Aaron McClelland, Gregory
Fangman, & Jason Feaker to the rank of Police Lieutenant effective
November 1, 2014.
4. Recommendation of appointment of Engineers, Josh Powers and Chris Charley
to the rank of Fire Lieutenant effective October 23, 2014 and October 27,
2014
5. Recommendation of re -appointment of Ryan Vestal to the Board of Electrical
Examiners & Appeals with term expiration of November 1, 2017.
6. Recommendation of re -appointment of Karen Atwood, Forest Dillavou, and
David Chilcote to the International Property Maintenance Code Board of
Appeals with term expiration of October 31, 2017.
7. Recommendation of re -appointment of Michael Hanson as an alternate to the
International Property Maintenance Code Board of Appeals with term
expiration of October 31, 2017.
8.
9.
10.
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Knights of Pythias-
Furgerson Lodge #5
244 Ash St.
Class C Liquor &
Outdoor Service
Renewal
09/16/15
X
Jameson's Public House
310 E. 4th St.
Class C Liquor &
Outdoor Service,
Catering
Privileges
Renewal
11/02/15
X
Damon's Sports Bar &
Grill
2122 Kimball Ave.
Class C Liquor
Renewal
10/04/15
X
11. Bonds
Roll call vote -Ayes: Seven. Motion carried.
Mr. Morrissey questioned if item 1.A.6 or 1.A.7 will change the type of TIF
district and Noel Anderson, Community Planning and Development Director,
explained that it will not.
Mr. Schmitt pointed out that item 1.A.4 is scheduled for November 24, 2014,
Mayor Clark recognized the promotions and the new appointments on the agenda.
October 27, 2014
PUBLIC HEARINGS
143742 - Schmitt/Hart
Page 3
that proof of publication of notice of public hearing on request of Valentine
Enterprises, LLC at 729 W. Airline Highway for a site plan amendment to the
2,P" Planned Industrial District to allow for the establishment of a new auto
recycling salvage yard located at 729 W. Airline Highway, as published in the
Waterloo Courier on October 16, 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 was a petition presented to Planning and Zoning in
December with approximately 40 signatures, which is less than 20%.
Jim Draude, 843 W. Airline Hwy, spoke in opposition to the site plan amendment.
Leah Morrison, Member Waterloo Planning and Zoning Commission, reported that the
Commission is recommending denial due to the applicant has failing to meet the
requirements of the Planning and Zoning Commission.
Rick Westphal, 2232 Avon Ave., spoke in opposition to the salvage yard.
Several members of the audience stood in opposition to the salvage yard.
Tim Luce, Attorney for applicant, explained that the applicant has now complied
with all requirements set by the Planning and Zoning Commission and requested
that Council grant the request.
William Smith, 2260 Ashland Ave., spoke in opposition to the salvage yard.
Robert Burk, 950 Midland Street, spoke in opposition to the salvage yard.
Chris Draude, 843 W. Airline Hwy, spoke in opposition to the salvage yard.
Dennis Clark, 2204 Ashland Ave., spoke in opposition to the salvage yard.
Jim Lawless, 2002 Ashland Ave., spoke in opposition to the salvage yard.
Molly Plunket, 2135 Ashland Ave., spoke in opposition to the salvage yard.
Leonard Hogela, owner of property located at 729 W. Airline Hwy, reported that
he agrees to meet all requirements requested by the Planning and Zoning
Commission. He reported that this is a permitted use of the property.
Rick Kaiser, 435 & 437 W. Airline Hwy., spoke in opposition to the salvage yard.
143743 - Schmitt/Hart
that the hearing be closed and oral and written comments be received and placed
on file and recommendation of denial of Planning, Programming and Zoning
Commission. Voice vote -Ayes: Seven. Motion carried.
143744 - 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 to the "M -2,P" Planned Industrial District
to allow for the establishment of a new auto recycling salvage yard located at
729 W. Airline Highway", be received, placed on file, considered and passed for
the first time. Roll call vote-Nayes: Seven (Cole, Jones, Schmitt, Lind,
Morrissey, Welper, and Hart. Motion failed.
143745 - Hart/Morrissey
that proof of publication of notice of public hearing on Purchase of Two (2)
2015 Chevrolet Colorado Trucks, as published in the Waterloo Courier on October
10, 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.
143746 - Hart/Morrissey
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
143747 - Hart/Morrissey
October 27, 2014 Page 4
that "Resolution confirming approval of specifications, bid document, etc. for
the Purchase of Two (2) 2015 Chevrolet Colorado Trucks, be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-935.
143748 - Hart/Morrissey
that "Resolution authorizing to proceed for the Purchase of Two (2) 2015
Chevrolet Colorado Trucks", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-936.
143749 - Hart/Morrissey
to receive, file and instruct City Clerk to read bids and refer to Leisure
Services Director for review:
Bidder
Bid Amount
Community Motors Co., Inc.
Cedar Falls, IA 50613
Crew cab - $29,383
Extended cab - $27,681
Jerry Roling Motors
Waverly, IA
Crew cab - $29,720
Extended cab - $27,684
Rydell Chevrolet
Waterloo, IA
Crew cab - $29,699
Extended cab - $27,997
Witham Auto Center
La Porte City, IA 50651
Crew cab - $30,633.16 + fee's
Extended cab - $28,783.60 + fee's
Voice vote -Ayes: Seven.
143750 - Hart/Welper
that proof of publication of notice of public hearing on Rental of Three (3)
Motor Graders to support snow operations, as published in the Waterloo Courier
on October 8, 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.
143751 - Hart/Welper
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
143752 - Hart/Welper
that "Resolution confirming approval of specifications, bid document, etc. for
the Rental of Three (3) Motor Graders to support snow operations, be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-937.
143753 - Hart/Welper
that "Resolution authorizing to proceed for the Rental of Three (3) Motor
Graders to support snow operations", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-938.
143754 - Hart/Welper
to receive, file and instruct City Clerk to read bids and refer to Public Works
Director for review:
Bidder
Bid Amount
Murphy Tractor
Waterloo, IA
With Wings - $90,000.00
Without Wings - $54,000.00
Voice vote -Ayes: Seven.
143755 - Morrissey/Hart
that proof of publication of notice of public hearing on request of Daniel Fencl
for a site plan amendment to the "R-2, C -Z" One and Two Family Residence
Conditional Zoning District, to allow for the construction of a new office
October 27, 2014 Page 5
building and parking lot, located at 1209 Dundee Avenue, as published in the
Waterloo Courier on October 16, 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.
143756 - Morrissey/Hart
that the hearing be closed and placed on file and recommendation of approval of
Planning, Programming and Zoning Commission. Voice vote -Ayes: Seven. Motion
carried.
143757 - Morrissey/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 to the "R-2, C -Z" One and Two Family
Residence Conditional Zoning District, to allow for the construction of a new
office building and parking lot, located at 1209 Dundee Avenue", be received,
placed on file, considered and passed for the first time. Roll call vote -Ayes:
Seven. Motion carried.
143758 - Morrissey/Hart
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six. Nays: One (Lind).
Motion carried.
143759 - Morrissey/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 to the "R-2, C -Z" One and Two Family
Residence Conditional Zoning District, to allow for the construction of a new
office building and parking lot, located at 1209 Dundee Avenue", be received,
placed on file, considered and passed for the second and third times and
adopted. Roll call vote -Ayes: Roll call vote -Ayes: Six. Nays: One (Lind).
Ordinance adopted and upon approval by Mayor assigned No. 5247.
RESOLUTIONS
143760 - Cole/Schmitt
that "Resolution approving award of contract to KWS, Inc. of Cedar Falls, Iowa
in the amount of $37,400.00 for the Ansborough Avenue and Downing Avenue Traffic
Safety Improvements", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-939.
143761 - Cole/Schmitt
that "Resolution approving request by Midwest Development for the 14 -lot Final
Plat of Audubon Heights Fourth Addition, generally located east of Hoff Road &
north of W. Shaulis Road, to allow for the construction of 14 new single family
homes", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-940.
143762 - Lind/Hart
that "Resolution receiving and placing on file the retirement of James Walsh as
City Attorney effective December 31, 2014" be received and adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2014-941.
143763 - Lind/Hart
that "Resolution appointing David Zellhoefer as City Attorney effective January
1, 2015", be adopted. Roll call vote -Ayes: Five. Nays: Two (Schmitt, Hart).
John Sherbon, 1715 Robin Road, questioned why the appointment needed to be made
tonight. He asked that Council look at other options.
Mr. Hart spoke in support of Asst. City Attorney Zellhoefer but expressed
concern with not looking at the overall workings of the legal department. He
October 27, 2014
Page 6
questioned if there will be a contractual change with Clark, Butler, Walsh, and
Hamman Law Firm. He expressed concern with the process.
Mayor Clark reported that the City will keep the contract with the Clark,
Butler, Walsh, and Hamman Law Firm and will continue to utilize Attorney Chris
Wendland for contract matters and will also continue to contract with Ahlers &
Cooney Law Firm for personnel matters and other items as necessary. He spoke in
support of appointment of Dave Zellhoefer.
Jim Walsh, City Attorney, spoke in support of appointing Mr. Zellhoefer and
reiterated that the contract with Clark, Butler, Walsh, and Hamman will not
change. He pointed out that Council can change attorneys at any time.
Mr. Lind spoke in support of the appointment Dave Zellhoefer.
Mr. Schmitt spoke in support of Assistant City Attorney but expressed concern
with not looking at other alternatives for the legal department. He asked that
Dave Zellhoefer be appointed through June 30, 2015. He noted that other
communities have full time attorneys. He asked that there be conversations with
Cedar Falls and or the County to have a metropolitan legal team.
Mr. Morrissey spoke positively of Jim Walsh and noted that it is sad to see him
go. He spoke in support of appointing Dave Zellhoefer.
Resolution adopted and upon approval by Mayor assigned No. 2014-942.
ORDINANCES
143764 - Hart/Morrissey
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo,
Iowa by adding new Article F, Foundation Drain Disconnection, of Chapter 3,
Sewer Regulations, of Title 8, Public Utilities", be received, placed on file,
considered and passed for the third time and adopted. Roll call vote -Ayes:
Five. Nays: Two (Schmitt, Lind). Motion carried.
Jeri Thornsberry, 704 Sheridan Rd., spoke in support of the ordinance but
expressed concern with rerouting the drains to the yards. She asked that the
entire area be looked at with systematic approach to help ensure that drainage
is handled property.
Craig Eggleston, 1446 Lyon Ave., spoke in opposition to the passage of the
ordinance.
Charles Heuer, 1936 Coachman Dr., spoke in opposition to the ordinance.
Mac McNeel, 1117 Hammond Ave., expressed concern with not doing something in his
neighborhood to control the water.
Herbert Wheeler, 1017 Dundee Ave., spoke in opposition to the way the ordinance
is being implemented.
Forest Dillavou, 1725 Huntington Road, spoke in opposition to the continued
development and not expanding the sewer drains.
John Suer, 1517 Robin Road, spoke in opposition to the ordinance.
Mr. Morrissey asked how to submit amendments to the ordinance and why the
stormwater fee is not being used to offset the costs of the project.
Michelle Weidner, Chief Financial Officer, explained that in areas 15 and 16 the
City will spend approximately $7 million dollars and using the stormwater fees
would take 14 years to obtain the funding the EPA is not giving the City that
amount of time. The City is attempting to assist citizens in rectifying the
issue via grants up to $2,000.00.
Mr. Schmitt asked if there is a requirement to notify potential buyers of
property of the deficiencies. He expressed concern with not spending more time
looking at the ordinance and other options before passing the ordinance.
Jim Walsh, City Attorney, reported that it is not the responsibility of the City
to notify potential buyers. The EPA is urging the City to penalize those who
don't comply. The City is being required to do this and it is also being
required of several other cities. The money being spent is tax payer's money.
The rate payers (sewer and water) are the ones that will be sharing the cost.
Mr. Schmitt would like to see a committee formed to be more equitable with the
community.
October 27, 2014
Page 7
Mr. Hart questioned if the City has researched grant and loan options for
opportunities with the Clean Water Act.
Ordinance adopted and upon approval by Mayor assigned No. 5248.
143765 - Cole/Hart
that "an Ordinance providing that general property taxes levied and collected
each year on all property located within the newly expanded Martin Road
Development 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 third time and adopted. Roll call
vote -Ayes: Six. Nays: One (Lind). Motion carried.
David Dryer, 3145 W. 4th Street, spoke in opposition of the TIF District.
Ordinance adopted and upon approval by Mayor assigned No. 5249.
143766 - Hart/Morrissey
that "an Ordinance amending the 2008 Traffic Code by adding subsection (154a)
Dale Street and Logan Avenue (Highway 63) to section 540, Obedience to Official
Traffic -Control Devices for the Full Actuated Pushbutton Pedestrian Signals at
Logan Ave. (Hwy 63) and Dale Street", be received, placed on file, considered
and passed for the first time. Roll call vote -Ayes: Seven. Motion carried.
143767 - Hart/Morrissey
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
143768 - Hart/Morrissey
that "an Ordinance amending the 2008 Traffic Code by adding subsection (154a)
Dale Street and Logan Avenue (Highway 63) to section 540, Obedience to Official
Traffic -Control Devices for the Full Actuated Pushbutton Pedestrian Signals at
Logan Ave. (Hwy 63) and Dale 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. 5250.
143769 - Cole/Hart
that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (153)
Logan Avenue and Logan Middle School of Section 540, Obedience to Official
Traffic -Control Devices for the Removal of the Pushbutton Pedestrian Signals on
Logan Avenue at Logan Middle School", be received, placed on file, considered
and passed for the first time. Roll call vote -Ayes: Seven. Motion carried.
143770 - Cole/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.
143771 - Cole/Hart
that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (153)
Logan Avenue and Logan Middle School of Section 540, Obedience to Official
Traffic -Control Devices for the Removal of the Pushbutton Pedestrian Signals on
Logan Avenue at Logan Middle School", 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. 5251.
ORAL PRESENTATIONS
Randy Herod, 111 Highland Blvd., read a list of questions regarding Animal
Control.
Mayor Clark asked Mr. Herod to clarify what he is trying to achieve and Mr.
Herod asked that resources be given to Animal Control to run it properly.
143772 - Hart/Cole
October 27, 2014 Page 8
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
143773 - Hart/Cole
that the Council adjourn at 7:07
p.m.
Voice
vote -Ayes:
Seven. Motion carried.
Suzy Scha es, CMC
City Cler /Human Resource Director