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HomeMy WebLinkAboutMinutes-07/13/2015July 13, 2015 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, July 13, 2015. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance:' Craig Clark, Building Official/Maintenance Administrator. 144763 - Hurt/Schmitt that the Agenda, as amended adding number 23a., "Rezone request. from Guillermo and Roxanne Galvez 'to rezone 3.62 acres from "A-1" Agricultural District to "R- 1" One and Two Family Residence District for the purpose of constructing one new, single family home, generally located north of 2533 Burton- Avenue," for the Regular Session on Monday, July 13, 2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 144764 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, June 29, 2015, at 5:30 p.m.',','be.accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark read a Proclamation declaring July 14-18, 2015 as "Honor Vietnam Veterans Week." CONSENT AGENDA 144765 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 July 13, 2015, in the amount of $4,891,075.45 a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Mr. Lind questioned if payments to Waterloo Center for the Arts travel was paid for by grant funds. Kent Shankle, Cultural and Arts Director, explained that the travel was paid for by grant funds. Resolution adopted and upon approval by Mayor assigned No. 2015-532. 2. Resolution approving Order Accepting Acknowledgment/Settlement Agreement and check for $1,500.00 and 30 day suspension of tobacco permit from Neighborhood Mart, 2100 Lafayette, Waterloo, Iowa 50703, for sale of tobacco to minor violation -third offense. Resolution adopted and upon approval by Mayor assigned No. 2015-533. 3. Resolution approving request to certify the following assessments to properties for work performed by the Water Works, together with recommendation of approval of Board of Water Works Trustees: 519 Reber,Avenue - $1,461.11 419 Lane Street - $708.42 220 Irving Street - $313.50 Resolution adopted and upon approval by Mayor assigned No. 2015-534 4. Resolution approving request to hold MDA Boot Block on August 21, August 28, and September 4, 2015 from 3:00 pm to 6:00 pm, at the intersections of Franklin & E. 3rd Street, Ansborough & Downing, LaPorte Rd. and San Marnan, and Kimball & Ridgeway (depending on staffing and construction). Resolution.adopted and upon approval by Mayor assigned No. 2015-535. 5. Resolution approving preliminary plans, specifications, form of contract etc. and setting date of bid opening as July 23, 2015 and date of hearing as July 27, 2015 forthe purchase of 2 -wheel garbage carts`. July 13, 2015 Page 2 Resolution adopted and upon approval by Mayor assigned No. 2015-536: 6. Resolution approving request by Grace Reformed Church for a variance to the Noise Ordinance -on Sunday, August 16, 2015 from 8:00 a.m. to 1:00 p.m. for the "Sunday in the Park" event to be held at Galloway Park, located at the corner of Maxwell & Stratford Streets. Resolution adopted and upon approval by Mayor assigned No. 2015-537. 7. Resolution approving request by Bonita Things Quality Consignment for a Variance to the Noise Ordinance on Thursday,July 23, 2015 from -3:00 p.m. to 6:00 p.m. for the "Bonita's National' Hot Dog Day"' event to, be held on the sidewalk adjacent and in front of 1423 W. 3rd Street. Resolution adopted and updn approval by Mayor assigned No. 2015-538. 8. Request of Cedar Valley Pridefest to hold the 3rd annual event in Waterloo on August 22-23, 2015 from 12:00 p.m.to 12:00 a.m., along with street closures on attached map. Resolution adopted and upon approval by Mayor assigned No. 2015-539 9. Resolution approving request by Cedar Valley Pridefest Incorporated for a Variance to the Noise Ordinance on Saturday, August 22, 2015 from 10:00 a.m. to 12:30 a.m. for the Cedar Valley Pridefest 2015 event to be held in the 300-400 block of W. 4th Street and'500-600 block of northbound Washington Street, including the use of a DJ, live musical acts, theatrical performances and PA announcements. Resolution adopted and upon approval by Mayor assigned No. 2015-540. 10. Resolution approving request of Main Street Waterloo to hold the 14th annual BBQ'loo and Blues Too Festival in Lincoln Park on Friday, July" 17th from 5:30 PM to 9:30 PM and Saturday, July 18th from 11:00 a.m. to 9:30 p.m., along with the closure of E.4th, Mulberry, and Park Ave adjacent to Lincoln Park for the event. Resolution adopted and upon approval by Mayor assigned No. 2015-541. 11. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as August 6, 2015 and date of public hearing as August 10, 2015 for the F.Y. 2016 Getty Lake Trail, Contract No. 870; and instruct -City Clerk to publish notice of plans, Specifications, form of contract, etc. Resolution adopted and upon approval by Mayor assigned No. 2015-542. 12. Request from Douglas Schatzle for a waiver to use concrete with a stamped. pattern in the sidewalk section of the concrete approach located at 226 Ivanhoe Road. Resolution adopted and upon approval by Mayor assigned No. 2015-543. b. Motion to approve the following: 1. a. b. c. 2. a. b. Travel Requests Name & Tithe of Class/Meeting Destination ' Expiration Date Amount not Personnel E Liquor Renewal Date(s) to Exceed Inv. McFarland Robbery Investigation Oklahoma 06/23/2015- $506.75 and Officer City, OK 06/24/2015 Lippert Katie Knight, Transforming Hate Waterloo, IA 7/22/2015- $1,702.61 Exhibition Curator Gallery talk'and special tour events(Guest 07/23/2015 Speaker from Helena, Montana) P.O. Bram and AR15 Armorer Course Ramsey, MN 08/04/2015- $1,496.00 P.O. Raulapaugh 08/06/2015 . Approved Beer, Liquor, and Wine Applications 'Name & Address of Business Class New or Renewal Expiration Date Includes Sunday XO'Food & Liquor, 428 Franklin Street E Liquor Renewal 12/14/2016 Yes Piramida Bar, 712 Jefferson Street C.,Liquor with Outdoor Service New 06/30/2016 Yes July 13, 2015 c. d. e. Page 3 Club 700, 1955 Locke Avenue C Liquor Renewal 06/30/2016 Yes Kwik.Stop 3, 1104 Washington Street B Wine, C Beer, E Liquor Renewal 07/14/2016 Yes Old Skool Lounge, 120 Sumner Street C Liquor with Outdoor Service New 07/05/2016 Yes Mr. Schmitt questioned if firefighters will be on the clock during the MDA Boot Block. Pat Treloar, Fire Chief, replied that they will be on the clock during 'the event. Mr. Schmitt questioned if the Old Skool' Lounge will be utilizing the facility for the new license. same. Suzy' Schares, City Clerk, explained this is- a new license for the same location. -They are switching from a six month license to a one year license. 3. Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Christy Decker Main Street Waterloo Redevelopment Authority 12/31/2017 New Appointment Chawne Paige g Waterloo Convention and Visitors Bureau 06/30/2018 Re -Appointment 4. Motion to approve Cigarette/Tobacco/Nicotine/Vapor permit Application for Jim's Food, 437 Sullivan Avenue. 5. Motion to approve Cigarette/Tobacco/Nicotine/Vapor permit Application for Logan Convenience Store, 735 Logan Avenue. 6. Bonds. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 144766`- Hart/Morrissey that proof of publication of notice of public hearing on 'a site plan to the "R-1, R -P" Planned One and Two Family Residence District for of constructing 14 new single-family homes located Elementary School at the corner of Hawthorne Avenue published in the Waterloo Courier on July. 6, 2015, be file. Voice vote -Ayes: Seven. Motion carried. at and amendment the purpose the former Irving W. 6th' Street, as received and placed on This being the time and place of public hearing, the Mayor called for written and oral objections. Ali Parrish, Iowa Heartland Habitat for Humanity, explained the mission of Habitat for Humanity and the project. Janice Ruth, 1305 Oregon, spoke in opposition to the development. Bruce Kaesser, 514 E. 2nd Street, spoke in support of the development. Mr. Morrissey questioned if the design will conform to the neighborhood and what criteria is reviewed .in the criminal background check. Ali Parrish distributed pictures of - the designs. She explained that there is a point `system based on'"the severity the crime; the time elapsed since the crime, etc. Mr. Schmitt questioned if this type of development has occurred in the past. Ali- Parrish explained that there are other developments and this type of development has happened in other communities. Mr. Jones spoke in support of the project. Mr. Welper.explained that this iS a thoroughly thought out project. 144767 - Hart/Morrissey July 13, 2015 Page 4 that the hearing be closed and oral and written comments from Planning, Programming, and Zoning Commission be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 144768 - Hart/Morrissey 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," be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven 144769,- Hart/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Three. Nays: Four (Cole, Schmitt, Lind, and Morrissey). Motion Failed. 144770 - Schmitt/Hart that proof of publication of notice of public hearing on the demolition of 619 Franklin Street, the former American Legion building, as published in the Waterloo Courier on June 29, 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. 1°44771' , Schmitt/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 144772 - Schmitt/Hart that "Resolution confirming -approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No'. 2015-544. 144773 - Schmitt/Hart that "Resolution authorizing to proceed", be adopted. Roll -call, vote -Ayes: Six. Nays: One (Cole). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-545. 144774 - Schmitt/Hart to receive' and file and instruct the City` Clerk to read bids and refer to Community Planning and Development for review. Roll -call vote -Ayes: Seven. Motion carried. 144775 - Schmitt/Hart that "Resolution awarding demolition contract to Lehman Trucking and Excavating, Inc. for demolition of 619 Franklin Street, the former American Legion building, in the amount of $41,790.00", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-546. RESOLUTIONS 144776 - Morrissey/Hart that "Resolution approving the Professional Services Agreement in the amount of $21,000 and $1,000 of reimbursement to Invision of Waterloo, Iowa in conjunction with the Waterloo Center for Arts Schoitz Room Remodel, and authorize Mayor to execute said document be adopted. Roll call vote -Ayes: Seven. Mr. Jones questioned the extent of the project. .Craig. Clark, Building Official, explained that the two dividing doors will be replaced and a drop ceiling will be installed. The entire project will be $175,000 - $200,000. Kent Shankle, Cultural `and Arts Director, explained that this is prime rental space and is designed to break into three rooms but due to the dilapidated doors, this is not possible. July ]3, 2015 Page 5 Mr. Schmitt questioned the rental rates for the facility. Kent Shankle explained that the rates are competitive. Resolution adopted and upon approval by Mayor assigned No. 2015-547. 144777 - Morrissey/Hart that "Resolution recommending the final acceptance for the delivery of the carrier vehicle .with rotary snow plow (large airport snow blower) from M -B Companies, Inc. of Chilton, Wisconsin, and authorize the release of Pay Estimate ,No: 2 (Final) in the amount of $27,294.60, for the FY -2014- purchase of snow removal equipment for the Waterloo Regional Airport, via FAA Project and Grant No: 3-19-0094-0043", be -adopted. Roll call vote -Ayes: Seven. .Mr. Lind questioned if this solved the buy America problem. Keith Kaspari, Waterloo Airport Director, explained that the manufacturer has complied with the buy America requirements. Resolution adopted and upon approval by Mayor assigned No. 2015-548. 144778 - Morrissey/Hart that "Resolution approving agreement with Per Mar Security and Research Corp:,,, for security services at the Waste Management Service facility", be adopted. Roll call vote -Ayes: Seven. David Dryer, 3145 W. 4th Street, questioned the hours of security. Brian Rath, Waste Management Services, the hours are 4:00 p.m. to 7:00 a.m Monday -Friday and 3:00 p.m. to 7:00 a.m. on weekends. Resolution adopted and upon approval by Mayor assigned No. 2015-549. 144779 - Cole/Hart that "Resolution approving a one year farm lease agreement with Michael Cook to farm approximately 9 acres of land generally located near Martin Luther King Jr Drive and City View Heights at $95.00 per acre for a total yearly payment of $855.00, and authorize Mayor and City Clerk to execute said agreement", be adopted. Roll call vote -Ayes: Seven. David Dryer, 3145 W. 4th Street, questioned if there is a bidding process for the farmland. Aric Schroeder, City Planner, explained that there are competitive bids for the rented farmland. Resolution adopted and upon approval by Mayor assigned No. 2015-550. 144780 - Cole/Hart that "Resolution approving a one year farm lease agreement with Willard Frost to farm approximately 13.8 acres of land generally located between Martin Luther King Jr. Drive and Newell Street at $92.00 per acre for a total yearly payment of $1,278.80, 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. 2015-551. 144781 - Cole/Hart that "Resolution approving the Contract, Bonds, and Certificate of Insurance with Altorfer, Inc., of Cedar Rapids, Iowa, in the amount of $34,649.13 for the EPA RICE NESHAP Generator Upgrade Project at the Waterloo Regional Airport, Iowa DOT CSVI FY -2015 Grant No: 9I150AL0200, Contract No: 166069", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-552. 144782 - Lind/Hart that "Resolution approving a real estate purchase agreement with the estate of Elias G. Grover to purchase a 4,800 square foot property in the amount of $2,850.00, located within the 1200 block of Sycamore Street", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-553. July 13, 2015 Page 6 144783 - Lind/Hart that "Resolution 'approving contract, bonds, and certificate of insurance with Failor Hurley Construction of Waterloo, Iowa, in the amount of $29,573.54 for the removal and replacement of windows, and the clean°and tuck point masonry project at the Waterloo Regional Airport, Iowa, via DOT CSVI FY -2015 Grant No: 9I150ALO200, Contract No: 166069", be adopted. Ro117call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-554. 144784 - Lind/Hart that "Resolution approving IDOT Grant Agreement #2016 -TS -020 in the amount of $180,000.00= for Dubuque Rd. and Osage Rd. Traffic Safety .Improvements 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. 2015-555. 144785 - Schmitt/Hart that "Resolution` approving Professional Service Agreement with AECOM Technical Services of Waterloo, Iowa in the amount not to exceed $65,000.00 for engineering and construction related services for Upgrade Instrumentation and Control System at the WPCF", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-556. 144786 - Schmitt/Hart that "Resolution approving. completion of project and recommendation of acceptance of work performed by KWS, Inc. of Cedar Falls, Iowa at a total cost of"$39,900.00 in conjunction with traffic signal improvements at LaPorte Rd. and San Marnan Drive", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon„approval by Mayor.assigned No. 2015-557. 144787 —Schmitt/Hart that "Resolution approving application for State Farm Grant for an Arson Canine", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-558. 144788 - Morrissey/Hart that "Resolution approving FY2016 Claims Service Contract agreement for Third Party Administration with Alternative Service Concepts at a cost of not to exceed $22,775.00 plus bill review, to provide administrative and claims services for self-funded work comp insurance", be adopted.' Roll call vote -Ayes: Seven. Mr. Lind questioned the workers comp claim service. Suzy Schares, City Clerk/HR Director, explained that this contract is for processing of claims. .. Resolution adopted and upon approval by Mayor assigned No. 2015-559. 144789 - Morrissey/Hart that "Resolution approving Construction Plans for Sanitary Sewer Serving Landmark= Meadows, as submitted by Wayne Claassen Engineering & Surveying, Inc. of Waterloo, Iowa; and Sewage Treatment Agreement DNR Form 29 (Nov 00) with the Department of Natural Resources and the final acceptance of construction plans subject to the review and acceptance by the DNR; and authorize Mayoryto execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-560. 144790- Morrissey/Haxrt that "Resolution approving the Amendment to Agreement for Subdivision Platting with `Cedar Valley Tech Works, Inc. and FDP WTC, LLC, and authorize the Mayor and City Clerk to execute necessary documents", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-561. July 13, 2015 Page 7 144791 -.Welper/Hart that "Resolution approving award of contract to Peterson Contractors, Inc., of Reinbeck, Iowa,'in the amount of $155,094.75, and approving the Contract, Bonds, and Certificate of. Insurance for the F.Y. 2016, llth Street Bridge Repairs, Contract No.- 890, and authorize Mayor and City, Clerk to execute said documents", be adopted. ,Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-562. 144792 - Welper/Hart that "Resolution adopting a Development Agreement with Endeavors Ltd, LLC to amend new location, increase new taxable value to $1,000,000, add tax rebates for 5 years at 50%, and change dates due to new timeline of project, and authorize Mayor and City Clerk to execute documents", be adopted. Roll call vote -Ayes: Seven. Mr. Lind questioned if Endeavors Ltd. LLC, 'was already receiving tax rebates at this location. Aric Schroeder, City Planner, the project' was originally located in a CLURA so it received a tax abatement. Now that it will be located in ay TIF District, they will receive a rebate. Mr. Schmitt questioned why the Endeavors Ltd. LLC, i`s moving to a new location. Aric Schroeder explained the soil testing showed that the soil was poor so the company chose to relocate. Mr. Lind questioned if the City is still buying Endeavors Ltd. LLC's, old building. Aric Schroeder responded that the purchase was approved and a closing date has not been set. Resolution adopted and upon approval by Mayor assigned No. 2015-5'63. 144793 - Welper/Hart that "Resolution approving -Agreement with Damir Brakic for the purpose of paving the parking at 3105 Lafayette Street for beautification purposes and to improve drainage",, be 'adopted. Roll call vote -Ayes: Seven. Mr. Welper ,noted that there is another property who, will be making a similar request. Resolution=adopted and upon approval by Mayor assigned No. 2015-564. 144794 - Schmitt/Hart that "Resolution approving the professional services agreement between the City of Waterloo and AECOM Technical Services for construction related services (Construction Administration) for the rehabilitation of taxiway Alpha (East) at Waterloo Regional Airport, and authorize the City Clerk to execute all documents", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-565. 144795 - Schmitt/Hart that "Resolution approving the Amendment to Agreement for Animal Control Services with the Cedar Bend Humane Society to strike Section 7.8 therefrom in its entirety and to substitute in lieu thereof a new Section 7.8", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2015-566. ORDINANCES 144796 - Cole/Morrissey 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 Certain property,", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven. Motion carried. July 13, 2015 Page 8 144797 - Cole/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. 144798 - Cole/Morrissey 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 Certain property", be considered and passed for the third time and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5294.. OTHER COUNCIL BUSINESS 144799 - Hart/Morrissey Motion approving "Change Order no. 4 for a net increase of $25,898.16 for the F.Y. 2014 Blowers Creek Storm -Water Lift Station and Dry Run Creek Improvements, Contract No. 842 be approved. Voice vote -Ayes: Seven. Motion carried. Mr. Schmitt asked for an overview. Eric Thorson, City Engineer, explained the additional fencing, riprap, and generator. Discussion of San Marnan mowing contract Mr. Schmitt questioned what, line item the expense was paid from, if the City has been mowing the area, who owns the property, and the bill and future bills will be connected to the property. Paul Huting, Leisure Services Director, explained that money was transferred to cover `the additional expense. It was paid out of last year's budget. The bulk of the expense was from cleaning up construction debris, removing silt fence, `mowing, etc. Dave Zellhoefer, City Attorney, explained that the courts did not address who Owns the property. ORAL PRESENTATIONS 144800 - Cole/Welper that the above oral comments be received and placed on file. Voice vote -Ayes: Seven., Motion carried. Marcia Courbat, 1100 E. Mitchell; announced that Memorial Hall will be celebrating 100 years and they do not like the color of the proposed carpet. Randy Miller, 1563 Bruce Street, thanked everyone for their dedication to Memorial Hall.. He asked to be allowed to have input into what is being placed in the building. Craig Clark, Building Official, explained the process for getting approval for the carpet. The_carpet was picked by an interior designer. Bruce Kaesser, expressed concern with curb cuts on sidewalks in'the city. Janice Ruth, 1305 Oregon, expressed concern with her road closure due to a tree removal. David Dryer, 3145 W. 4th Street, asked for -clarification on item 2$3. _ Dale Carrol, 130 Tribal Road, distributed a petition regarding the sink creek area that was provided to the Black Hawk County Board of Supervisors. Eric Thorson, City Engineer, explained that staff is anticipating working on cleaning up the Sink Creek area this year. Doug Schindel, AECOM, mentioned that preliminary plans are prepared and the project is moving forward. j Mr. Schmitt asked if AECOM is coordinating with the residents who wish to volunteer.` Mr. Schindel stated that they are coordinating with the residents. July 13, 2015 Page 9 Mr. Morrisseyguestioned the role'of Black Hawk County in the project. Forest Dillavou, 1725 Huntington Road, expressed concern with the lack of . - funding put towards walking at Young Arena. ADJOURNMENT 144891 - Cole/Welper that the Council adjourn at 7:07 p.m. yoice vote -Ayes: Seven. Motion carried. Suzy Sc ares, CMC City Cl rk/Human Resource Director.