HomeMy WebLinkAboutMinutes-8/17/2015August 17, 2015
August 17, 2015
The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council
Chambers, Waterloo, Iowa, at 5:30 PM, on Monday, August 17, 2015. Mayor Pro -Tem Quentin Hart in the
Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, and'Welper.
Moment of Silence.
Pledge of Allegiance: Sheryl McGovern, Library Director
144917 Welper/Cole
That the agenda, as amended by tabling item 10 for one week, for the Regular Session on
Monday, August 17, 2015, at 5:30 p.m., be accepted and approved. Voice Vote --Ayes: Six.
Motion carried.
144918-Welper/Cole
That the minutes, as proposed, for the Regular Session on Monday, August 10, 2015, at 5:30
p.m., be accepted and approved. Voice Vote -Ayes: Six. Motion carried.
Consent Agenda:
144919-Welper/Schmitt
That the following items on the consent agenda be received, placed on file and approved:
a. Resolution to approve the following:
1. Resolution approving Finance Committee Invoice Summary ,Report, dated August 17,
2015, in the amount of $1,040,149.83, 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. 2015-643
2. Request to set a date of public hearing as September 8, 2015 to ente into
Development Agreement with Dolly James 2, LLC and Hi Yield, LLC` to authorize the
sale and conveyance of a portion of City owned property for $1.00 commonly known as
the former Flea Market building site, at Commercial Street and West 6th Street, for
the construction of an approximate 30 -unit condominium development with an
estimated actual value of $2.5 million, with 20 years at•42% tax rebates.
Resolution adopted and upon approval by'Mayor assigned No. 2015-644
3. .Resolution setting date of hearing as August 24, 2015 for the sale and conveyance
of city -owned property located at 1027 Lafayette Street to Jose Bonilla Gutierrez
and Simona, Del Carmen Zavala with a purchase price of $92,000 through the
Neighborhood Stabilization Program and instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned, No. 2015-645
b. Motion to approve the following:
1. TRAVEL REQUESTS
Eric Thorson,: City Engineer
Class/Meeting: Iowa League of Cities 2015 Conference
Destination::, Cedar Rapids, IA Dates: September 23-25, 2015 Amount not to
exceed: $206.00
Mayor Clark
Class/Meeting: EPA meeting and an Iowa League of Cities Board Meeting
'Destination: Des Moines, IA" Dates: August 26-27, 2015 Amount not to.
exceed: $200.00
Councilman Welper, Councilman Jones, Councilman Morrissey, and Mayor Pro -Tem Hart
Class/Meeting: Iowa League of,Cities Annual Conference
Destination: Cedar Rapids, IA Dates: September 23-25, 2015 Amount not to
exceed: $780.00
2. LIQUOR LICENSES
Narey's 19th Hole, 2073 Logan Avenue
Class: C Liquor Renewal Application -Does not include Sunday sales
Expiration Date: 8/22/2016
Red Lobster #6267, 941 E. San Marnan Drive
Class: C Liquor Renewal Application -Includes Sunday sales
Expiration Date: 7/27/2016
Page 1
August'17, 2015
The•American Legion Becker -Chapman Post #138, 728 Commercial Street
Class: C Liquor w/Outdoor Service New Application -Includes Sunday sales
Expiration Date: 6/14/2016
Neighborhood Mart, 2100 Lafayette Street
Class: B Wine, C Beer, E Liquor Renewal Application -Includes Sunday
sales
Expiration Date: 7/31/2016
Kwik Star #723, 707 Broadway Street
Class: C Beer Renewal Application -Includes Sunday sales
Expiration Date: 7/21/2016
Kwik Star #722, 1214 Franklin Street
Class: C Beer Renewal Application -Includes Sunday sales
Expiration Date: 7/21/2016
& S Petroleum, 127 Jefferson Street
Class: B Wine, C Beer Renewal Application -Includes Sunday sales
Expiration Date: 6/29/2016
A & S Petroleum, 127 Jefferson Street (Ownership Update Only)
Expiration Date: 6/29/2016
PUBLIC HEARINGS
144920-Schmitt/Welper
To open hearing on appeal of Main Street Design Board's decision by American Legion Post
#138 for replacement of roof, located at 728 Commercial Street.
Dale Hixon, 231 Lambus Road, American Legion President, explained that the roof leaks and the
Design Review Board wants a tile roof or something similar. A steal roof is required and
there are neighboring businesses with a steel roof. He further explained that the building
is not a historic building.
John Sherban, 1215 Robin Road, questioned if the City will pay for the new roof.
Noel Anderson, Community -Planning and Development Director, explained the discussion pertains
exclusively to the appeal of the decision made by the Design Review Board.
Eren Holtman, Friendship Village, explained that the American Legion will pay for the roof
but are trying to be conservative with the funds required to remodel the building.
David Deeds, Main Street Waterloo Design Review Board, explained the board reviews two,to
four requests per month and is comprised of people with an invested interest in downtown
Waterloo. Design Council tried to find a middle ground and found a metal tile roof. The
American Legion wants to install a cheap metal roof similar to Stoner Radiator. Mr. Deeds
encouraged Council to support the Design Review Board.
Jeff Kurtz, Executive Director Main Street Waterloo, explained that the organization offered
to research grant funding for the roof project. He further explained that the building is
historic and the job of the Design Review Board is to preserve the historic character of the
building.
Dale Hixon questioned labeling the building as historic.
Gary Steen, 51 Medina Road, expressed concern with the roof project.
Nick Hendrix, 1103 Vine Street, explained the difference between the two design projects.
The cost of the metal roof is $8,000, the metal tile roof is $16,000.
David Deeds noted the American Legion did not provide the Design Review Board with a quote to
repair the tile roof.
Mr. Welper questioned if the tile can be removed, have the membrane replaced, and then put
the tile back. This would be a much cheaper option.
Randy Herod, 111 Highland, spoke in support of the' American Legion's metal roof.
144921-Welper/Cole
That the hearing be closed. Voice vote -Ayes: Six. Motion carried;
Mr. Morrissey questioned if a verbal agreement was made between the American Legion and Main
Street Waterloo Design Review -Board on which roof design to choose.
Page 2
August 17, 2015
Dale Hixon explained that a verbal agreement.was not made.
Mr. Morrissey questioned reports of water leaking into the building prior to replacing the flat
roof.
Dale Hixon explained that the leaking did not stop after replacing the flat roof.
Mr. Morrissey questioned if. the. organization is open to seeking a grant frau the Community
Foundation.
Dale Hixon explained he is not open to seeking grants due to the necessity of needing the
repairs now.
Mr. Lind questioned if the American Legion was aware the roof was leaking prior to moving in.
Noel Anderson, Community Planning and Development Director, explained the City did not know the
condition of the roof prior to them moving in.
Ms. Cole questioned how much the project cost the City.
Noel Anderson explained the City bought the property for $300,000. An upcoming payment of
$100,000 for substantial completion will be voted on by Council next week.
Mr. Jones questioned if business owners are notified if the property they purchase lies within
the jurisdiction of the Design Review Board.
Noel Anderson explained the boundaries of the., Design Review Board is public record and would be
show up on an abstract and is part City°Code.
Mr. Schmitt pointed out the prior owner should have disclosed the condition of the roof at the
time of sale.
Eren Holtman explained the American Legion received money for the roof from the seller but it
is not enough to replace the roof.
Mr. Schmitt questioned calling the building a historic building.
David Deeds explained the Design Review found a cuupromise that preserved the character of the
building's current look.
Noel Anderson noted after the 2008 flood, a historical study of downtown was completed to
secure grant funds to repair buildings damaged by the flood. The independent study did not
find the building in question to be a historic building.
David Deeds explained that the Design Review Council wants the building to maintain its unique
character.
Mr. Morrissey questioned when the funds for the project were paid.
Noel Anderson explained that the additional funds would be distributed after substantial
completion of the project is achieved unless Council votes otherwise next week.
Mr. Morrissey questioned if they could use the $100,000 to help pay for a roof.
Eren Holtman' explained that the roof repairs were not included in the beginning of the project.
Mt..Morrissey"questioned if the banks in the area fall Within Main Street waterloo' s. District
and if any design restrictions were placed on the banks.
Jeff Kurtz explained that the banks are new construction and historic preservation does not
,, apply -to a new project. Design input, however, was given to Farmer's State Bank by the board.
Mr. Welper questioned whether the American Legion contacted a contractor to get an opinion as
to whether it would be more effective to repair or replace the roof.
Dale Hixon explained that he assumed it would be more expensive to repair the roof.
Mr. Welper noted he would like to hear from a contractor whether the roof could be repaired and
motioned to table the item until contractors can tell Council the roof can be repaired rather
than replaced.
Mr. Schmitt asked for mote specificity on the motion.
144922-Welper/Schmitt
To table the item for one week and Mr. Welper will contact multiple contractors to see if the roof
can be repaired at a cost less than $8,000. Roll call vote -Ayes: Six. Motion carried.
144923-Lind/Morrissey
Page 3
August 17, 2015
To open hearing to approve/deny order assessing civil penalty for $300.00 to BP Station,
2035 E. Mitchell Avenue, Waterloo, Iowa for sale of tobacco to minor violation. Voice vote-
Ayes: Six. Notion carried.
Mr. Morrissey asked for an explanation of the penalty.
David Zellhoefer, City Attorney, explained the penalty and process.
144924-Lind/Schmitt
That the:hearing is closed and oral and written comments are received and placed on file.
Voice vote -Ayes: Six. Motion carried.
144925-Lind/Schmitt
That the Order assessing civil penalty for $300.00 to BP Station, 2035 E. 'Mitchell Avenue,
Waterloo, Iowa for sale of tobacco to minor violation be hereby approved. Roll call vote -
Ayes: Six. Motion carried.
RESOLUTIONS
144926-Co1e/Welper
That Resolution approving an Encroachment Agreement with ASA Properties, LLC to allow for the:
construction of a 6' tall by 54" wide sign to encroach approximately 9.5' into a 12' wide
public utility easement, located at 621-623 Ansborough Avenue lie approved. Roll call vote Ayes:
Six. Motion carried.
Mr. Jones questioned if traffic problems will arise.
Noel Anderson, Community Planning and Development Director, explained that he did not foresee
any issues.
Resolution adopted and upon approval by Mayor assigned No: 2015-646
144927-Cole/Welper
That Resolution approving additional compensation for Broadway Limited, LC in the amount of
$6,000.00 for the removal of six large honey locust trees in relation to the No Name
Interceptor Sanitary Sewer project, located at 17.50 Broadway Avenue, be approved. Roll can
vote -Ayes: Six. Motion carried.
Mr. Lind questioned the resolution.
Noel Anderson, Community Planning and Development Director, explained all of the trees needed,
to be removed.
Resolution adopted and upon approval by Mayor assigned No. 2015-647
144928-Cole/Welper
That Resolution approving application for Lifeline EMS 12 -Lead Equipment Grant from the
American Heart Association Mission Lifeline, is approved. Roll call vote -Ayes: Six. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-648'
144929-Morrissey/Schmitt
That,Resolution approving the Scope of Services with Impact 7G for up to $18,000 for continued
environmental work at the site located just west of Manatt's Concrete, for future
redevelopment of the site, and authorize the Mayor and City Clerk to execute said document, be
approved. Roll call vote -Ayes: Six. Motion carried.
W. Lind questicned if previous work was uxdrtaken in the area.
Noel Anderson eXplained that the EPA has reviewed the project. This is phase two in the
project, which will eventually release the environmental covenants for this site.
Resolution adopted and upon approval by Mayor assigned No. 2015-649
144930-Morrissey/Schmitt
That Resolution approving contract with Iowa Northland Regional Council of Governments for
$85,000 for the update of the City of Waterloo Comprehensive Plan, and authorize the Mayor and
City Clerk to sign and execute said contract, be approved. Roll call vote -Ayes: Six. Motion
carried.
Page 4
August 17, 2015
Mr. Lind asked for an explanation of what 'a crzrpreansive plan is, and questioned tither staff could
cxitplete this project.
Noel Anderson explained State Code requires cities have a comprehensive planto guide zoning
and plan city growth. The comprehensive plan is complex and will be best completed by
INRCOG.
Resolution adopted and upon approval by Mayor assigned No. 2015-650
1449314orrissey/Schmitt
That Resolution approving award of contract to Vieth Construction Corp, of Cedar Falls, Iowa,
in the amount of $205,996.70, and approving the Contract, Bonds, and Certificate of Insurance
for the F.Y. 2016 Getty Lake Trail, Contract No. 870, and authorize Mayor and City Clerk to
execute said documents, be approved. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-651
144932-Morrissey/Schmitt
That Resolution approving an amendment to the Real Estate Purchase Agreement with Becker -
Chapman Post No. 138 of the American Legion approved on April 6, 2015 to authorize payment of
the $100,000 incentive payment be tabled until August 24, 2015. Roll call vote -Ayes: Six.
Motion carried.
144933-Cole/Morrissey
That Resolution approving•a public referendum for a Cultural & Scientific Facilities Levy to
be held on November 3, 2015 to authorize the imposition of a property tax of twenty-seven
cents ($.27) pet $1,000 of assessed value for the purpose of supporting the annual operating
budget of Grout Museum, -Inc.: (doing business as Grout Museum District: Grout Museum of History
& Science, Rensselaer Russell House Museum, Bluedorn Science Imaginarium, Snowden House and the
Sullivan Brothers Iowa Veterans Museum) to be effective on July 1, 2016, be approved. Roll
call vote -Ayes: Five. Motion carried. Councilman Lind abstained due to lack of information.
Mr. Lind questioned if Council could vote no on the item.
Suzy Schares, City Clerk, explained that Council is required to approve the ballot measure
since enough citizens signed the petition.
Resolution adopted and upon approval by Mayor assigned No. 2015-652
ORDINANCES
144934-Welper/Schmitt
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
rezone of approximately 2.58 acres of land from "C -P" Planned Commercial District to "R -
4,R -P" Planned Multiple Residence District, generally located near the northwest corner of
East Shaulis Road and Hess Road, be received, filed, considered and passed for the second
time. Roll -call vote -Ayes: Six. Motion carried.
Mr: Schmitt questioned if the project is under a tight timeline.
Noel Anderson explained that they are still in the planning stages.
144935-Welper/Cole
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 and Lind). Motion.
failed.
144936-Cole/Morrissey
That an Ordinance to approve'the request by the DW, LLC to vacate a portion of the existing
utility easement, located adjacent to 230-250 West Hills Lane, be received, filed,
considered and passed for the second time. Roll call vote -Ayes: Six. Motion carried.
Mr. Schmitt questioned the timeline fof the project.
Noel Anderson, Community Planning Development Director, explained that DW, LLC would build
two twin homes on,the property so the sooner they can start the better.
144937-Cole/Morrissey
That rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Roll call vote -Ayes: Six. Motion carried.
144938-Cole/Morrissey
Page 5
August 17, 2015
That an Ordinance to approve the request by the DW, LLC to vacate a portion of the existing
utility easement, located adjacent to 230-250 West Hills Lane, be received, filed,
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. 5300
144939-Morrissey/Lind
That an Ordinance amending the 2008 Traffic Code by adding subsection (75a) W. 5th street
and Baltimore Street - full actuated pushbutton pedestrian - of section 540, obedience to
official traffic -control devices - signalized intersections, be received, filed,
considered, and passed for the first time. Roll call vote -Ayes: Six: Motion carried.
Mr. Schmitt questioned how the project would affect the intersections.
Sandie Greco, Traffic Superintendent, explained that she is working with the schools to no
longer have the roll out stop signs.
Mr. Lind questioned if this is part of a safe route of school.
Sandie Greco confirmed and will help to get children to cross at 5th and Baltimore and 5th and
Locust.
144940-Morrissey/Cole
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 and Lind). ,Motion failed.
OTHER COUNCIL BUSINESS
144941-Schmitt/Morrissey
Motion approving Change Order No. 4 for a net increase of $51,392.11 for the LaPorte Road
Pumping Station and Force Main, Contract #847. Voice' vote -Ayes: Six. Motion carried.
Mayor Pro -Tem Hart asked for more information on the item.
Larry Smith, Sanitation Superintendent, explained that the city grows the vegetation in the
drainage ditch and with all of the water the seeds would not take. They are now putting in
an under drain so that vegetation will grow.
ORAL PRESENTATIONS
Marcella Gruver, 203 Miriam Drive, expressed dissatisfaction with the Pride Fest.
Jerry Shatzer, 1829 West 7th street, expressed dissatisfaction with Council.
Pat Tatum, 1115 East Ridgeway, asked council to update an Ordinance not allowing RVs to be
parked in front yard' driveways.
Aric Schroeder, City Planner, explained the Ordinance has not changed and there is an appeal
process.
George Marshall, 316 Walnut Street, would like to see City owned property at 519 East 3n=1
Street boarded up as it is overgrown with brush, animals inhabit the property, and windows
are broken out.
Mayor Pro -Tem Hart commended Mr. Marshall for his positive work in the neighborhood, and
directed Noel. Anderson to.make the property safe and secure.
John Sherban, 1715 Robin Road, expressed dissatisfaction with Council's decision to table
the appeal of Main Street Waterloo Design Review Board.
Forest Dillavou,t 1725 Huntington Road, noted that the building at the intersection of 5th
Street and Commercial Street does not match the rest of downtown Waterloo.
David Dryer' expressed concern with TIF Districts and the TechWorks Project.
Michelle Weidner, Chief Financial Officer, explained that the upcoming bond hearings
regarding projects pertaining to the TechWorks.
Mr. Morrissey thanked the City and volunteers who cleaned up the bike trails.
144942ole/Welper
Page 6
August 17, 2015
That the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion
carried.
EXECUTIVE SESSICN4'
144943-SChmitt/Lind
Motion to adjourn to Executive Session to discuss litigation, pursuant to Iowa Code Section
21.5(1) (j) (2015). Voice vote -yes: Six. Motion carried.
144944-Schmitt/Lind
Motion to adjourn Executive Session. Voice vote -Ayes: Six. Motion carried.
ACOCURNMENT
144945-Schmitt/Lind
That Council adjourn at 7:50 p.rti. Voice vote -Ayes: Six. Motion carried.
Suzy Scharts, CMC
City Clerk uman Resource Director
Page 7