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HomeMy WebLinkAboutMinutes-8/24/2015August 24, 2015 The Council of the CityAof Waterloo, Iowa, met ,in Regular Session at Harold E. Getty Council . Chambers, Waterloo,,,Iowa, at 5:30 PM, on Monday, August 24, 2015. Mayor Ernest G. Clark in the Chair Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Mament of Silence. Pledge of Allegiance: Kent Shankle, Director of .Cultural & Arts Commission 144946-Hart/Schmitt That the Agenda, as amended by adding three travel requests. inadvertently omitted from the Council agenda, for the Regular Session on Monday, August 24, 2015, at 5:30 p.m., be accepted and approved: Voice vote -Ayes: Seven. Motion carried. 144947-Hart/Schmitt That the Minutes, as proposed, for the Regular.Session on Monday, August 17, 2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Consent Agenda: 144948-Hart/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 24, 2015, in the amount of $4,893,039.07, 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. 2015-653. 2. Request for the Memorial Benefit Ride and Drive Event, honoring Black Hawk County Sheriff's Deputy Timothy Petersen on September 12th,. 2015, with the ride/drive departing from the Isle of Capri Casino at approximately 9:30 AM and ending at Electric Park Ballroom at 3:00 PM. , Resolution adopted and upon approval by Mayor assigned No. 2015-654. 3. Request of Trekman Racing to hold the 15th annual Park -to -P rk•Running Festival on September 12th, 2015 starting at 7:30 AM in George Wyth State Park, and traveling on Airport Blvd and Airline Highway. Resolution adopted and upon approval by Mayor assigned No. 2015-655. 4. Resolution approving request' from Roger Wildeboer for a waiver for a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy paragraph 1, located at 722 Bishop Avenue. Resolution adopted and upon approval by Mayor assigned No. 2015-656. 5. Request of Jim Koch for a variance to the Noise Ordinance on September 6, 2015 from 4:00 p.m. to 9:00 p.m. in conjunction with the University Avenue Cruise event to be held at University Avenue and Greenhill Road, with the use of a sound system for radio broadcasting. Resolution adopted and upon appioval by Mayor assigned No. 2015-657,- 6. Resolution setting date of public hearing as September 8, 2015 to enter into a, Development Agreement with Bread to Beer, LLC to authorize the sale and conveyance of a portion of City owned property for $1.00 at 301-305 and 325 Commercial Street, commonly known as the former Wonder Bread Bakery site, to create a microbrewery, pub, and retail building development, -with an estimated new taxable value of $3.0 million, with 15 years of tax rebates at 70 percent, and $160,000 in grant funds. Resolution adopted and upon approval by Mayor assigned No. 2015-658. 7. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as September 3, 2015 and date of public hearing as September 8. 2015 for the F.Y. 2016 Sidewalk Repair Assessment Program - Zone 5, Contract No. 892, and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Resolution adopted and upon approval by Mayor assigned No. 2015-659. 8. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as September 10, 2015 and date of public hearing as September 14, 2015 for the,F.Y. 2016 Fourth Street Streetscape Repairs, Contract No. 889, and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Resolution adopted and upon approval by Mayor assigned No. 2015-660. Page 1 IAugust 24, 2015 b. Motion to approve the following: 1. TRAVEL REQUESTS Abraham Funchess, Executive Director; Ron Wood, Commission Chair; Cheryl Faries, Vice Chair; Bennie Spain, Commissioner Class/Meeting: 2015 IAOHRA Conference Destination: Binningham,-AL Dates: Sept. 26 - Oct. 1, 2015 Amount not to exceed: $10,572.40 Cheryl Huddleston, Human Resources Manager Class/Meeting: Iowa Employment conference - Fit for Duty Dates: October'27, 2015, Amount not to exceed: $230.00 Destination: Altoona, IA Keith Kaspari, Airport Director & Maintenance Employees:,Rusty Zey, Randy Shepard, Troy Deeds and Chris Preston Class/Meeting: Live Aircraft Fire - Hot Burn Training (Provided by the University of Missouri) Destination: Dubuque Regional Airport Dates: September 23-24, 2015 Amount not to exceed: Up to $1,600.00 2. LIQUOR LICENSES Ali's Liquor, 1117 E. 4th Street Class: B Wine, C Beer, E Liquor Renewal Application Expiration Date: 9/3/2016 Cadillac Lanes, 650 La Porte Road Class: C Liquor w/Outdoor Service Expiration Date: 7/22/2016 Includes Sunday Renewal Application Includes Sunday Kwik Star #229, 1717 E. San Marnan Drive Class: B Wine, C Beer Renewal Application Includes Sunday Expiration Date: 9/24/2016 Spicoli's, 3555 University Avenue *Extended Outdoor Service* Class: C Liquor New Application Includes Sunday Expiration Date: 9/4 - 9/7/2015 West Side Liquor, 919 W. 5th Street Class: B Wine, C Beer, E Liquor Renewal Application Includes Sunday Expiration Date: 9/2/2016 3. APPOININ5 TS' Jake Connor Board/Commission: Plumbing Board of Licensing,~ Examiners -and Appeals Expiration Date: 8/24/2018 New Appointment Bruce Kaesser Board/Ccrmission: ADA Carpliance Commission Expiration Date: 8/24/2018 New Appoinhuent Roll call vote Ayes: Seven on all items except lbla. Nays: Two (Schmitt and Lind on item lbla. Motion carried. PUBLIC HEARINGS 144949-Schmitt/Hart That proof of publication of notice of public hearing on the'sale and conveyance of city -owned property at 1027 Lafayette Street to.Jose Bonilla Gutierez and Simona Del..Carmen Zavala with a purchase price of $92,000 through the Neighborhood Stabilization Program, published in the Courier on August 19, 2015, 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. 144950-Schmitt/Hart That the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 144951-Schmitt/Hart That Resolution authorizing sale and conveyance of city -owned property at 1027 Lafayette Street with,a purchase price of $92,000 through the Neighborhood Stabilization Program and August 24, 2015 authorize City Attorney to'prepare and deliver deed accordingly, be approved. Roll call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-661. 144952-Hart/Welper That proof of publication of notice of public hearing on the request by Bertha Johnson to purchase a home at 528 Fowler Street in the amount of $5,000 with a Development Agreement, published in the Courier on August 14, 2015, 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. Mr. Schmitt questioned if this price was set by the purchase policy and it was confirmed that it was the only bid and $5,000 was the lowest allowable bid amount. 144953-Hart/Welper That the hearing be closed and oral comments be received and placed on file. Roll call vote - Ayes: Seven. Motion carried. 144954=Hart/Welper That Resolution authorizing sale and -conveyance of 528 Fowler Street in the amount of $5,000, Be approved. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-662. 144955-Hart/Welper That Resolution approving' development agreement' between the City of Waterloo and Bertha Johnson for the purchase of 528 Fowler Street, and authorize Mayor and City Clerk to execute said agreement,.be-approved. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-663. RESOLUTIONS 144956-Cole/Morrissey That Resolution declaring an obsolete bomb trailer and two damaged speed trailers surplus items and authorize the disposal of said items, be approved. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-664. 144957-Cole/Morrissey That Resolution approving Creative Services Agreement with Hellman Associates, Inc. for $60,000.00 to produce and air prime time local TV cuiunercials for traffic safety and authorize the Mayor to sign and execute said agreement, be approved. Roll call vote -Ayes: Seven. Motion carried. Mr. Jones asked for more information on the content of the commercial. Sandie Greco, Director of Traffic Operations, explained that it will have to do - with traffic safety including vehicle, bicycle and pedestrians. Resolution adopted and upon approval by Mayor assigned No. 2015-665. 144958-Cole/Morrissey That Resolution approving Tolling Agreement extending date to April 1, 2016, and authorize Mayor to execute said agreement, be approved. Roll call vote -Ayes: Five. Nays: Schmitt and Lind. Motion carried. Mr. Lind questioned what the Tolling Agreement is for.. Mayor Clark explained that it allows the EPA and the City of Waterloo to continue to work on an agreement. Mr. Schmitt questionedfif it would be in the City's best interest to resolve the matter in federal court. Dave Zellhoefer, City Attorney, explained that the extension is in the City's best interest. August .24, 2015 David Dryer, 3145 W. 4th Street, questioned the definition of a tolling agreement. Mayor Clark explained a tolling agreement extends the due date for a consent decree to reach an agreement. Resolution adopted and upon approval by Mayor assigned No. 2015-666. 144959-Hart/Morrissey That Resolution recommending final acceptance of a John Deere Utility Vehicle with Snow Blower and Broom from P&K Midwest of Waverly, IA, and approve the Release of Pay Estimate No: 2 (FINAL) in the amount of $4,441.00, for the Snow Removal Equipment for Waterloo Regional Airport, via the Federal Aviation Administration and the FAA's Airport Improvement Program, via Grant No: 3-19-0094-0043, be approved. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-667. 144960--Hart/Morrissey That Resolution approving acceptance of IDOT Office of Aviation Grant No: 9-I-160AL0-200 via the Commercial Service Vertical Infrastructure program in the amount of $101,196.00 for the completion of projects in the FY -2016 IDOT Application for the improvements associated with the Phase 2 of 2 improvements for Aircraft Storage Hangar No: 4; and, the Replacement and installation of doors in the Baggage Make -Up and Baggage Claim areas of the Airline Passenger Terminal Building at the Waterloo Regional Airport, and authorize the Mayor and City Clerk to sign the documents where indicated, be approved. Roll call vote -Ayes: Seven. Motion carried., Resolution adopted.and upon approval by Mayor assigned No. 2015-668. 144961--Hart/Morrissey That Resolution approving Memorandum of Agreement with Waterloo Community School District to provide network services and supplemental technology support to the City on an as -needed basis at a`rate of $60.00 per hour for non -emergency issues and $90.00 per hour for emergency and after hour issues, be approved., Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt questioned how much it will cost the City to utilize Waterloo CSD. Chris Youngblut, IT Director, explained that it is estimated at $30,000. Mr. Lind questioned why we are not taking this out to bid. Chris Youngblut explained the Waterloo CSD is familiar with the City's system and the agreement will give the City additional time to determine the needs of the department. Resolution adopted and upon approval by Mayor assigned No. 2015-669. 144962-Morrissey/Cole That Resolution approving award of contract to Carpenter Uniform, of Des Moines, Iowa, at a cost of $54,964.00, for the purchase of Level III Tactical Body Armor, be approved. Roll call vote -Ayes: Seven. Motion carried. ,Resolution adopted and upon approval by Mayor assigned No. 2015-670. 144963-Morrissey/Cole That Resolution approving Construction Plans for Sanitary Sewer Serving the Fisher Drive Sanitary Sewer Extension, as submitted by the City of Waterloo Engineering Department; and Sewage Treatment Agreement DNR Form 28A (Sept 2010) with theDepartment 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 approved. Roll call vote Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-671. 144964-Morrissey/Cole 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 a $50,000 incentive payment with the remaining incentive of up to $50,000 to be paid upon substantial completion of the project, be approved. Roll call vote -Ayes: Seven. Motion carried. Mr. Lind questioned why there is an incentive payment and if they have the funds to complete the project. August 24, 2015 Aric Schroeder, City Planner, explained that when the City was negotiating the acquisition of the former American Legion building; it was evident the equivalent of what the Legion had was going to be expensive. The City agreed to provide $300,000 to purchase and remodel a new facility plus $100,000 incentive payment when the project was substantially complete. The City is now offering $50,000 with $50,000 to be paid when it is substantially complete. The Legion may need to do some fundraising to complete the project. Mr. Hart explained that Mr. Welper and staff have been working with the contractors to assist the Legion to complete the project at a reasonable cost. Mr. Schmitt questioned what the original development agreement said and it was explained., He then questioned who should have noticed that the roof needed, repaired. .Aric Schroeder, City Planner, explained that the property was inspected and it was identified and there was a reduction in the purchase price. Mr. Lind questioned if an appraisal was completed on the former American Legion .. building. Noel Anderson, Community Planning and Development Director, the appraisal was lower than. the assessed value. Mr. Schmitt questioned if the Legion is supportive of the agreement. Even Holtman, Volunteer Council for the Legion, explained that the Legion is pleased with the amount and expect to have the project complete in the next sixty days. Bill Kammeyer, 526 Home Park Blvd, spoke in support of the American Legion. David Dryer, 3145 W. 4th Street, encouraged the community to donate to the American Legion. Resolution adopted and upon approval by Mayor assigned No. 2015-672. 144965-Cole/Morrissey That Resolution approvingyhmorandurn of Agreement with the Grout Museum District complying with oversight requirements for the Cultural and Scientific Facilities Levy to be placed on the November 3, 2015 ballot, be approved. Roll call vote -Ayes: Seven. Motion carried. Mr. Lind questioned,if a Memorandum of Agreement is a legal document. David Zellhoefer, City Attorney, explained a Memorandum of Agreement is a legal document. Resolution adopted and upon approval by Mayor assigned No. 2015-673. 144966-Cole/Morrissey That Resolution approving award of contract to Carpenter Uniform, of Des Moines, Iowa, for the purchase of Level II Body Armor replacements, be approved. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-674. ORaININCFS 144967-Hart/Welper 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 third time. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5301. 144968-Schmitt/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, placed on file, considered and passed for the second time. Roll Call Vote -Ayes: Seven. Motion carried. August 24,2015 Mr. Lind questioned if the school had responded regarding the portable stop sign. Sandie Greco, Director of Traffic Operations, The School is discussing it Thursday night and they will be informing the parents that the stop sign will no longer be there and will'be moved down to Baltimore Street. 144969-Schmitt/Lind That rules requiring ordinances to be considered and voted for passage at two prior meetings be supended. R611 call vote -Ayes: Five. Nays: Two (Schmitt and Lind). Motion failed. OTHER COUNCIL BUSINESS` 144970-Hart/Schmitt Motion approving Change Order No. 4 for a net increase of $34,149.00 for the F.Y. 2014 Street Reconstruction Program, Contract No. 859; and authorize the Mayor and City Clerk to execute said document. Voice Vote -Ayes: Seven. Motion carried. Eric Thorson, City Engineer, explained that this is to extend the sanitary sewer for the Green Acres development. This is save the City money. 144971-Hart/Morrissey That -Resolution -approving preliminary construction of sidewalk improvements in conjunction with the F.Y. 2016 Sidewalk Inspection and Repair Program - Zone 5, be approved. Roll call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-675. 144972-Hart/Morrissey That Resolution fixing value of lots, be approved. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-676. 144973-Hart/Morrissey Resolution adopting preliminary plat and schedule of assessments estimate of costs, be approved. Roll call vote -Ayes: Seven. Motion.carried. Resolution adopted and upon approval by Mayor assigned No. 2015-677. 144974-Hart/Morrissey That deeming the project necessary and setting date of public hearing as September 8, 2015 be approved, be approved. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-678. 144975-Morrissey/Hart Motion approving Change Order No:. 1 to Aspro, Inc. of Waterloo, Iowa, to remove the cost of Seeding and Mulching, and to reduce the price of.pavement markings changing from Thermal Plastic markings to Surface Painted markings for the Taxiway Alpha Rehabilitation project at Waterloo Regional Airport reducing the overall cost of the project from $861,208.50 to $847,076.50, a reduction of $14,132.00. Voice vote -Ayes: Si.x: Nays: One (Welper). Motion carried. - Mr. Welper spoke in support of the thermal plastic and against surface painting the markings. Oral Presentations 144976-Hart/Welper Jerry Shatzer, 1829 W. 7th Street, questioned how many employees of the City live in Waterloo, he expressed concern with the speed of traffic by Planet fitness. Mr. Lind explained that approximately 70% of the City employees live in the City of Waterloo. David Goodson, 226 Camel Avenue, expressed concern with the arrest of Marvin Spencer for interference with Official Acts. Rev. Dr. Michael D. Blackwell, 5125 Millennium Drive, Cedar"Falls, expressed concern with the .arrest of Marvin Spencer for interference with Official Acts. August 24, 2015 Mayor Clark explained that he and Director Trelka are looking into the arrest to determine if there are inconsistencies'in the arrest of Mr. Spencer. Donald Paige, 5493 Summerland Drive, thanked the Mayor for the positive things that have happened in Waterloo. He spoke about the responsibilities of parents. He noted that.Shaulis Road,and John Deere Museum, were positive improvements to the community. He expressed concern with selling South Hills Golf Course. Bruce Kaesser, 514 E. 2nd Street, expressed concern with the explanation of the Human Rights travel request. David Dryer, 3145 W. 4th Street, expressed concern with the request from Main Street for additional funding and the water rate increase. Dixon Stolkey, 421 Belmont Avenue, expressed concern about violence in the community., Forest Dillavou, 1725 Huntington Road, questioned if the Wonder Bread development agreement Will have any impact on the VGM agreement. Jim Chapman, 224 Bertch, spoke in support of body cameras for the police department. Bill Karrmeyer, 526 Home Park Blvd, noted that the Grout is asking for°the tax levy not the City and there is no sunset clause on the tax levy. Mr. Schmitt questioned if there could be a budget meeting on months with five Mondays.`` That the above oral comments be received and placed oh file. Voice vote -Ayes: Seven. Motion carried. ADJOURMOUT 144977—Hart/Welper That the Council adjourn at 6:50p.m. Voice vote Ayes: Seven. Motion carried. Suzy Scha%es, CMC City Clerk/Human Resource Director