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HomeMy WebLinkAboutMinutes-09/02/2014September 2, 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 Tuesday, September 2, 2014, Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Larry Smith, Superintendent of Waste Management Services. 143417 - Hart/Schmitt that the Agenda, as amended by adding #13 and #14 the Motion to suspend the rules and Motion to consider and pass for the third time and adopt ordinance and by adding #16 resetting date of bid opening and public hearing for FY15 Sidewalk Repair Assessment Program, for the Regular Session on Tuesday, September 2, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 143418 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, August 25, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark read a Proclamation declaring September 2014 as Life Insurance Awareness Month. Mayor Clark recognized Captain Joe Leibold as 2014 Team Member of the Month for September. Chris Harshbarger and representatives with the Thunder in the Valley Air Show, presented a plaques to commemorate the Thunder in the Valley Air Show CONSENT AGENDA 143419 - 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 September 2, 2014, in the amount of $1,003,500.67, 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. 2014-755. 2. Request of Main Street Waterloo & Waterloo Schools for a variance to the Noise Ordinance on September 25, 2014 from 9:30 a.m. to 12:00 p.m. in conjunction with Mayor's Fun Run event to be held at Expo Grounds including a band and the use of a PA system, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-756. 3. Request of Captain Joe Leibold to hold Mayor's Fitness Day (Mayor's Fun Run) event to be held on September 25, 2014 at the Expo Center with the route to start 9:30 a.m. and end 12:00 p.m. Resolution adopted and upon approval by Mayor assigned No. 2014-757. 4. Request of East High School to hold East High Homecoming Parade event to be held on September 11, 2014 from 1:00 p.m. -3:00 p.m., with the route to start at East High School on Vine Street, west to High Street, west on Lime Street to E. 4th; E. 4th to Sycamore to 6th to Barclay back to East High School. Resolution adopted and upon approval by Mayor assigned No. 2014-758. 5. Request of Jim Ohmstede for a concrete driveway to be located at 2236 Country Lane, together with recommendation of approval of City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2014-759. September 2, 2014 Page 2 6. Cancellation of assessments for several properties; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellations. Address Amount to cancel 808 Bertch Ave. $52.62 1204 Mulberry St. $40.22 118 Allen St. $321.42 1905 Commercial St. $99.49 115 E. Arlington St. $336.08 Resolution adopted and upon approval by Mayor assigned No. 2014-760. 7. Cancellation of assessments for several City -owned properties; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellations. Address Amount to cancel 1027 Lafayette St. $125.60 528 Fowler St. $465.75 100 Blackwood Ave. $136.48 433 Rath St. $410.50 Resolution adopted and upon approval by Mayor assigned No. 2014-761. 8. Request of Robert and Susan Funk for tax exemptions for the construction of a new twin home (condo) valued at $170,000.00 located at 4167 Mourning Dove Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-762. 9. Request of Kim Brustkern for tax exemptions for the construction of a new single family dwelling valued at $321,593.00 located at 4808 Yellowstone Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-763. 10. Request of Jared Honermann for tax exemptions for the construction of a new single family dwelling valued at $246,000.00 located at 1370 Angus Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-764. b. Motion to approve the following: 1. 2. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to exceed Eric Thorson, 2014 American Public Ames, IA 09/10/14- $448.00 PE, City Works Assoc. Fall License 09/12/14 Engineer Conference Steve Grimm, IAHO Fall Conference Hawkeye 10/01/14- $300.00 Rental Certification & Community 10/03/14 X Housing Recertification College 09/23/14 Inspector & Outdoor 3. Recommendation of appointment of Stacy Donlea to her second term on the General Contractors Board of Licensing, Examiners and Appeals Board with term expiration of 06/30/2016. 4. 5. 6. 7. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Hy -Vee Fundraiser Special 5 Day 04/29/14- X 2181 Logan Ave. Class C (BW) License 05/04/14 & Outdoor Service Hy -Vee Fundraiser Special 5 Day 09/18/14- X 2181 Logan Ave. Class C (BW) License 09/23/14 & Outdoor Service BJ's Bar & Billiards Class C Renewal 07/29/15 X 110 Ida Street Liquor & Outdoor Service Black Hawk Tennis Club Class B Beer Renewal 05/31/15 X 1005 Black Hawk Rd. & Outdoor Service September 2, 2014 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Page 3 Fairfield Inn & Suites 2134 LaPorte Rd. Class C Beer, B Native Wine New 10/01/15 X Half Pint Saloon 1831 Independence Ave. Class C Liquor & Outdoor Service Renewal 04/18/15 X Neighborhood Mart 2100 Lafayette St. Class E Liquor, B Wine, C Beer Renewal 07/31/15 X Smokers Choice 210 W 18th St. Class B Beer Renewal 06/17/15 Tokyo Japanese Steakhouse, Inc. 126 E. Ridgeway Ave. Class C Liquor Renewal 02/13/15 X West Side Liquor 919 W. 5th St. Class E Liquor, B Native Wine, C Beer New 08/01/15 X Tobacco Outlet Plus #500 1803 LaPorte Rd. Class C Beer Renewal 10/14/15 X Prime Mart 3535 Marigold Dr. Class C Beer & Wine Renewal 06/14/15 X Narey's 19th Hole 2073 Logan Ave. Class C Liquor Renewal 08/23/15 A & S Petroleum, Inc. 127 Jefferson St. Class C Beer & Wine Renewal 06/29/15 X Blue River 728 Commercial Class C Liquor New 08/15/15 X Fireworks Display Application 19. Columbus High School, 3231 W. 9th Street (September 19, 2014 at halftime) Theater License Permit Application 20. Crossroads 12 Theatre, 2450 Crossroads Boulevard 21. Romantix Adult Emporium, 1507 La Porte Road 22. Fantasy Island Amusement, 1850 West Airline Highway 23. Mini Cinema 16, 315 East 4th Street Mr. Morrissey questioned the number of calls at West Side Liquor. Dan Trelka, Director of Safety Services, will get this information for Council. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 143420 - Schmitt/Hart that proof of publication of notice of public hearing on Development Agreement with Waterloo Community School District for the sale and conveyance of city - owned property for $1.00 generally located at 1601 and 1624 Black Hawk Street for the development of a new bus barn and maintenance facility, as published in the Waterloo Courier on August 21, 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. 143421 - Schmitt/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 143422 - Schmitt/Hart Resolution authorizing sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-765. 143423 - Schmitt/Hart Resolution approving Development Agreement; and authorize Mayor and City Clerk to execute said document. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-766. September 2, 2014 Page 4 143424 - Hart/Welper that proof of publication of notice of public hearing on request of City of Waterloo to appeal the City Code requirement prohibiting vehicles from parking on the city -owned right-of-way, located along 15th street between Black Hawk Street and the Cedar River, as published in the Waterloo Courier on August 21, 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. 143425 - Hart/Welper that the hearing be closed and oral and written comments be received and placed on file and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 143426 - Hart/Welper Resolution approving the appeal to allow parking on the city -owned right-of-way, located along 15th street between Black Hawk Street and the Cedar River. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayoi assigned No. 2014-767. 143427 - Hart/Welper that proof of publication of notice of public hearing on request of Waterloo Community School District to vacate approximately 300' x 20' portion of public alley located within Block 18 of Hayes Addition, generally located between W. 14th Street and W. 15th Street, north of Black Hawk Street, to allow the development of a new bus barn and maintenance facility, as published in the Waterloo Courier on August 26, 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. 143428 - Hart/Welper that the hearing be closed and oral and written comments be received and placed on file and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Voice vote -Ayes: Seven. Motion carried. Mr. Morrissey questioned the green dotted line on the map. Noel Anderson, Community Planning and Development Director, explained that the dotted line along the north side is the foot of the levee and we have to maintain a certain distance from the foot of the levee by Army Corps of Engineers standards. The plans have been approved by Army Corps of Engineers. 143429 - Hart/Welper that "an Ordinance vacating approximately 300' x 20' portion of public alley located within Block 18 of Hayes Addition, generally located between W. 14th Street and W. 15th Street, north of Black Hawk Street, to allow the development of a new bus barn and maintenance facility", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 143430 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 143431 - Hart/Welper that "an Ordinance vacating approximately 300' x 20' portion of public alley located within Block 18 of Hayes Addition, generally located between W. 14th Street and W. 15th Street, north of Black Hawk Street, to allow the development of a new bus barn and maintenance facility", 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. 5233. September 2, 2014 143432 - Cole/Schmitt Page 5 that proof of publication of notice of public hearing on request of Yoahna Valencia and Sergio Rangel for the sale of a new construction home located at 1019 Lafayette Street and convey real property for $95,100.00 through the Neighborhood Stabilization Program, as published in the Waterloo Courier on August 21, 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. 143433 - Cole/Schmitt that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 143434 - Cole/Schmitt Resolution authorizing sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-768. 143435 - Schmitt/Cole that proof of publication of notice of public hearing on request of Gregory A. Sykes and Jessica Hoffman for the sale of a new construction home located at 919 Lafayette Street and convey real property for $121,000.00 through the Neighborhood Stabilization Program, as published in the Waterloo Courier on August 26, 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. 143436 - Schmitt/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 143437 - Schmitt/Hart Resolution authorizing sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-769. RESOLUTIONS 143438 - Morrissey/Welper that "Resolution approving Reconstruction and Overlay Street Improvement lists for 2015", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-770. 143439 - Morrissey/Welper that "Resolution approving Convention & Visitors Bureau (CVB) Board recommendations for funding of hotel -motel tax mini -grant application in the amount of $1,900.00 to Toastmaster International, District 19 Fall Conference (November 13-14, 2014)", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-771. 143440 - Morrissey/Welper that "Resolution setting date of hearing as September 15, 2014 to approve an Exchange Agreement and Assignment of Real Estate Contract between the City of Waterloo and L & H Farms, Ltd of Waterloo, Iowa for the acquisition of property in Black Hawk County for exchange of property in the San Marnan TIF District in the amount of $131,949.00 for 2.75 acres of land in September of 2014 plus up to $10,000.00 in closing costs; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Mr. Lind clarified that the City buys 3.21 acres for each acre of land the City is exchanged from L & H Farms. September 2, 2014 Page 6 Noel Anderson, Community Planning and Development Director, explained that land values have risen but the City feels it is still in line with the current value. We are about half way through the agreement. Resolution adopted and upon approval by Mayor assigned No. 2014-772. 143441 - Welper/Hart that "Resolution approving Memorandum of Agreement Regarding Prorating of Real Estate Taxes with L & H Farms, Ltd. of Waterloo, Iowa; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-773. 143442 - Welper/Hart that "Resolution approving participation in the National Household Travel Survey (NHTS) contract I is being administered by INRCOG, in the amount of $30,456.00; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-774. 143443 - Welper/Hart that "Resolution re -setting date of public hearing as September 15, 2014 for the proposed resolution of Necessity and Assessment in conjunction with the F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-775. ORDINANCES 143444 - 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 site plan amendment on certain property in conjunction with request by High Development of Cedar Rapids, Iowa for a site plan amendment to the "S-1" Shopping Center District, to allow for the construction of five (5) 12 -unit multi -family dwellings, generally located south of 200 East Ridgeway", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven. Motion carried. Mayor Clark explained that this item is a part of the application process for application to Iowa Economic Development Authority New Construction Program - Round 6. Noel Anderson, Community Planning and Development Director, stated he didn't believe that this item would matter in the application process, but would be helpful. 143445 - Hart/Welper 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. 143446 - 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 site plan amendment on certain property in conjunction with request by High Development of Cedar Rapids, Iowa for a site plan amendment to the "S-1" Shopping Center District, to allow for the construction of five (5) 12 -unit multi -family dwellings, generally located south of 200 East Ridgeway Avenue", be considered and passed for the third time and adopted. Roll call vote -Ayes: Six. Nays: One (Lind). Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5234. September 2, 2014 Page 7 143447 - Cole/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 on certain property in conjunction with request by Brent Dahlstrom of Cedar Falls, Iowa for a site plan amendment to the "R -3,R -P" Planned Residence District, to allow for the construction of eleven (11) duplexes, located on Lot 76 of Summerland Park First Addition", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt clarified that this development will improve the water run-off issues. Mayor Clark explained that the intent is to alleviate the run-off and Mr. Dahlstrom has had more than one meeting with the neighborhood who are supportive of this development. 143448 - 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. 143449 - Cole/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 on certain property in conjunction with request by Brent Dahlstrom of Cedar Falls, Iowa for a site plan amendment to the "R -3,R -P" Planned Residence District, to allow for the construction of eleven (11) duplexes, located on Lot 76 of Summerland Park First Addition", be considered and passed for the third time and adopted. Roll call vote -Ayes: - Seven. Ordinance adopted and upon approval by Mayor assigned No. 5235. OTHER COUNCIL BUSINESS 143450 - Schmitt/Hart to instruct Traffic Operations Superintendent to prepare plans, specifications, form of contract, etc. in conjunction with San Marnan Drive and LaPorte Road Traffic Safety Improvements, be approved. Voice vote -Ayes: Seven. Motion carried. 143451 - Schmitt/Hart that plans, specifications, form of contract, etc. in conjunction with San Marnan Drive and LaPorte Road Traffic Safety Improvements, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 143452 - Schmitt/Hart that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with San Marnan Drive and LaPorte Road Traffic Safety Improvements", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-776. 143453 - Schmitt/Hart that "Resolution setting date of bid opening as September 11, 2014 and date of public hearing as September 15, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. and taking of bids in conjunction with San Marnan Drive and LaPorte Road Traffic Safety Improvements", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-777. 143454 - Hart/Morrissey Resolution re -setting date of bid opening as September 11, 2014 and public hearing as September 15, 2014 in conjunction with the F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-778. September 2, 2014 Page 8 ORAL PRESENTATIONS Forest Dillavou, 1725 Huntington Road, clarified that part of the development agreement with the school is that they will demolish Orange school and then give the City the land. Randy Herod, 111 Highland, questioned if the City has a monthly report showing the distribution of animals for animal control. Sandie Greco, Traffic Superintendent, reported that she will create the report. 143455 - Hart/Welper that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 143456 - Hart/Welper that the Council adjourn at 6:04 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy Shares, CMC City C erk/Human Resource Director