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