HomeMy WebLinkAboutMinutes-10/26/2015October 26, 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, October 26, 2015. Mayor Pro -
tem Quentin Hart in the Chair. Roll Call: Cole, Jdnes, Schmitt, Lind, Morrissey, Welper,
and Hart.
Moment of Silence.
Pledge of Allegiance: Sandie Greco, Superintendent of Traffic Operations.
145204 - Welper/Schmitt
that the Agenda, as amended, pushing two appointments to the regular meeting
next week, for the Regular Session on Monday, October 26, 2015, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried..
145205 - Welper/Schmitt
that the Minutes, as proposed, for the Regular Session °on Monday, October 19,
2015, at 5:30 p.m., be'accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
145206 - Welper/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
October 26, 2015, in the amount of $2,282,343.71, 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. 2015-846.
2. Resolution setting the date of public hearing as November 9, 2015 to
vacate, sell and convey a 1,920 square foot portion of, an existing alley
located north of 1317 West llth Street to Curt and Carrie Schultz for $200
to establish a permanent driveway to an existing detached garage, with a
development agreement.
Resolution adopted and upon approvallby Mayor assigned No. 2015-847.
'b. -Motion to approve the following:
1.
a.
b.
c.
2.
a.
b.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Sgt. Hoelscher
Firearms
Instructor
Re -certification
Johnston, IA
10/22/2015
-k $190.00
Mark Boesen,
Manager of
Rehabilitation
Services
.16 hour Lead
Inspector / Risk
Assessor
Refresher Course
Des Moines,
IA
11/23-
11/24/2015
$860.00
David
Zel`lhoefer, City
Attorney
Employment Law
Seminar
Des Moines,
IA
11/5/2015
$329.00
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
,Class
New or
Renewal
Expiration
Date
Includes
Sunday
Holiday Inn Express,
2127 LaPorte Road
Special C Liquor
(Beer/Wine)
Renewal
09/30/2016
Damon's Sports Bar &
Grill, 2122 Kimball
Avenue
C Liquor
Renewal
10/04/2016
X
October 26, 2015
Roll call vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
145207 - Schmitt/Welper
Page 2
that proof of publication of notice of public hearing on request by Deborah
Sallis to rezone approximately 0.42 acres .of land from "A-1" Agricultural
District to "R-2" One and Two Family Residence District to allow for the
construction of a new single-family home, located north of 2605' Idaho Street, as
published in the Waterloo Courier on October 16, 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.
145208 - Schmitt/Welper
that the hearing be closed and recommendation of approval of the Planning,
Programming and Zoning Commission be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
145209 - Schmitt/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 Certain Property", be received, placed on file,
considered and passed for the first time. Roll call vote -Ayes: Seven.
Mr. Jones questioned if there was a time constraint.
Mr. Schmitt questioned if the neighbors had been notified.
Noel Anderson; Community Planning and Development Director, explained that the
applicants wish to begin construction this fall and all neighbors have been
notified. There has been no opposition.
145210 - Schmitt/Lind
that rules- requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven.
145211 - Schmitt/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 Certain Property", be considered and passed for the
second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5311.
RESOLUTIONS
145212 - Cole/Morrissey
that "Resolution approving Development's Agreement with Dupaco Community Credit
Union for the construction of a 3,000 sq. ft. office building at the northwest
corner of San 'Marnan Drive frontage road and Schukei Road, adding $1.2 million
of taxable value to the site, offering 3 years of tax rebates at 50 percent, and
authorize the Mayor and City Clerk to execute said agreement", be adopted. Roll
call vote -Ayes: Seven.
David Dryer, 3145 W. 4th Street, questioned if the property is in a. TIF District.
Mr. Schmitt asked for additional information specific to this location.
Noel Anderson, Community Planning and Development Director, explained that it is
in the Crossroads TIF District. The building will replace the former Godfather's
Pizza building and will pay more in, taxes than Godfather's did.
Resolution, adopted and upon approval by Mayor assigned No. 2015-848.
145213 Cole/Morrissey
that "Resolution awarding bid for one (1) 2016 automated side load garbage truck
to Cedar Rapids Truck Center ih the amount of $226,550", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2015-849.
October 26, 2015 Page 3
145214 - Cole/Morrissey
that "Ressolution awarding, bid for the lease of three (3) motor graders to
support winter snow removal operations to Murphy Tractor, Waterloo, IA in the
amount of $55,800", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned.,No. 2015-850.
145215 - Morrissey/Schmitt
that "Resolution approving agreement with HR Green, Inc. in the amount of $6,800
for the preparation of a combined application to the United State Environmental
Protection Agency including a community -wide brownfields hazardous substances
assessment grant totaling $200,000 and a petroleum products brownfields program
grant totaling $200,000, and authorize the Mayor and City Clerk to sign and
execute said agreement", be adopted. Roll call vote -Ayes:, Seven.
Resolution adopted and upon approval by Mayor assigned No. 2015-851.
145216 - Morrissey/Schmitt
that "Resolution approving a professional services agreement with Main Street
Waterloo for $40,000 during fiscal year.2016", be adopted. Roll call vote -Ayes:
Seven.
Mr. Schmitt questioned if this is"the professional services agreement that was
approved originally for $50,000 and questioned the other $10,000.
Noel Anderson, Community Planning and Development Director, explained that there
is'an additional $10,000 being applied for from the Hotel/Motel grant and that
will be a separate action.
Mr. Lind questioned who would get copies of the reports during this process.
Noel Anderson explained that they, would provide councilmembers with copies of
all reports during this process.
Mr. Hart stated that ,he appreciates the video presentations that planning
provides as well.
Resolution adopted and upon approval by;Mayor assigned No. 2015-852.
145217 - Schmitt/Welper
that "Resolution authorizing Supplemental Agreement No. 1 to the Professional
Services Agreement with JDE Engineering for the Preliminary and Final Platting
of land for the expansion of the Northeast =Industrial Park, not to exceed
$6,450.00, and authorize the Mayor and City Clerk to sign and fully execute all
necessary documents", be adopted. Roll call vote -Ayes: Seven.
-Mr. Lind questioned the location of the expansion.
=Noel Anderson explained that this will open up approximately 50 acres to the
west of the Northeast Industrial Park and is located within the existing TIF.
Resolution adopted and upon approval by Mayor assigned No. 2015-853.
145218 - Schmitt/Welper
that "Resolution approving Professional Services Agreement with JDE Engineering,
of Waterloo, Iowa, in an amount not to exceed $80,400.00 for design services for
sanitary sewer, water main, storm sewer, and roadway to serve the Northeast
Industrial Park Plat No. 4, 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. 2015-854.
ORDINANCES
145219 - Welper/Morrissey
that "an Ordinance approving the request to vacate, sell and convey a portion of
East San -Marnan Drive right-of-way adjacent to 2825 Crossroad Boulevard to
Realty Income Corporation, a Maryland Corporation in the amount of $133,500", be
considered and passed for the second time. Roll call vote -Ayes: Seven.
Mr. Jones questioned the timeframe for approval.
Iv
October 26, 2015
Page 4
Noel Anderson, Community Planning and Development Director, explained that this
is a part the bidding process and there is no reason not to suspend the rules.
145220 - Welper/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.
145221 - Welper/Morrissey
that "an Ordinance approving the request to vacate, sell and convey a portion of
East San Marnan Drive right-of-way adjacent to 2825 Crossroad Boulevard to
Realty Income Corporation, a Maryland Corporation in the amount of $133,500", be
considered and passed for third time and adopted. Roll call vote -Ayes: Seven.
Ordinance adopted and upon approval by Mayor:assigned No. 5312.
145222 - Welper/Morrissey
that "Resolution authorizing the sale and conveyance to Realty Income
Corporation, a Maryland Corporation, in the amount of $133,500 and directing
Mayor and Clerk to execute necessary documents", be adopted. Roll call vote -
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2015-855.
OTHER COUNCIL BUSINESS
145223 - Morrissey/Welper
that motion approving extra work order`#1 with Benton's Sand and Gravel for
extra work performed during the demolition of the former Flea Market Building
located at 801-805 Commercial Street, in the amount of $3,650.00, be received,
placed on file and approved. Voice vote -Ayes: Seven. Motion carried.
David Dryer, 3145-W. 4th Street, asked for an explanation for the increase.
Noel Anderson, Community Planning and Development Director, explained that the
increase is for an extra water kill that the City ,was not aware of until after
they started working and for an older foundation that needed to be removed.
ORAL PRESENTATIONS'
Jim Chapman, 224 Bertch, questioned if Jim Walsh was the City Attorney at the
time the Sunnyside lawsuit was brought forward and if he is currently part of
this lawsuit.
Dave Zellhoefer, City Attorney, explained that Mr. Walsh was the City Attorney
at that time and the Sunnyside lawsuit brought against the city no longer
exists. The current lawsuit that exists at this time relating to Sunnyside has
been brought against the city by a group of local tax payers and Mr. Walsh is
currently involved.
Bruce Kaiser? 514 E 2nd St., asked for the public to contact him if they need any
help regarding accessibility issues at mrbwkl@uni.edu.
Dwayne Eilers,' 1205 Bishop Street, asked the City Attorney to provide a list of
anyone who has been given a ticket for parking vehicles on grass.
Dave Zellhoefer, City Attorney, stated that he does not have the information
immediately for him.
Mr. Hart stated that he would contact Mr. Filers and get the information he is
seeking.
Randy Herod, 111 Highland Blvd., spoke in opposition to the "Ban the Box"
ordinance being recommended.
Forest Dillavou, 1725 Huntington Road, reported lights on University Avenue and
near Black Hawk Creek are not working.
David Dryer, 3145 W. 4th Street, expressed concern with the tax rate and the
school district.
145224 - Welper/Morrissey
that the above oral comments be received and placed on file. Voice vote -Ayes:,
Seven. Motion carried.
October 26, 2015
Page 5
ADJOURNMENT
145225 - Welper/Morrissey
that the Council adjourn at 6:03 p.m. Voice vote -Ayes: Seven. Motion carried.
"d.d&pc042
Suzy S hares, CMC
City C erPk/Human Resource Director
4
' November 9; 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, November 9, 2015.'* Mayor
Ernest G. Clark in the Chair% Roll Call: Jones, Schmitt, "Lind, Morrissey, Welper, and
Hart. Absent: Cole.
Moment of Silence.
'Pledge of Allegiance:` David Jones, Ward 1 Council Member.
145262 - Hart/Schmitt
that the Agenda, as proposed,, for the Regular Session on Monday, November 9,
2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion
carried.
145263 — Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, November 2,
2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion
carried.
Mayor Clark read a Proclamation declaring November 13, 2015 as World Pancreatic
Cancer 'Day.
Mayor Clark read a Proclamation declaring' November 2015 as Adoption Month.
Mayor Clark read a Proclamation declaring November 8 - 14, 2015 as Radiologic
Technology Week.
Mayor Clark recognized David Boesen as the November 2015 Team Member of the
month.
CONSENT AGENDA
145264 - Hart/Welper
that the following items on the ,consent agenda be received, placed on the and
approved:
a. Resolutions to approve the following:
. Resolution approving Finance Committee Invoice Summary Report, dated
November 9e 2015, in the amount of $1,703,218.26, 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. 2015-878.
. Resolution, canceling council meeting scheduled for December 28, 2015 due
to the holidays.
Resolution adopted,and upon approval by Mayor assigned No. 2015-87.9.
3. Resolution `setting date of hearing as December 7., 2015 to approve the
Amended and, Restated East Waterloo Unified Urban Renewal and Redevelopment
Plan, which merges the Midport and Logan Urban Renewal and Redevelopment
Plans, and instruct City Clerk, to publish notice, and setting a
consultation with taxing entities on November 20, 2015.
Resolution adopted and upon approval by Mayor assigned No. 2015-880.
b., Motion to approve the following:
a.
b.
Travel -Requests
Name & Title of
Personnel
Class/Meeting
9
Destination
Date(s)
Amount not
to Exceed
Jason Hernandez,
Medical Officer
IEMSA Conference
Des Moines,
IA
11/12/2015
$220.00
Noel, Anderson,
Community Planning,
& Development
Director
2016 Cedar Valley
Coalition
Washington,
D.C.
2/22-
24/2016
$1,785.00
November 9, 2015
2.
a.
b.
c.
d.
e
f.
Page 2
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date A
Includes
_Sunday
Fareway Stores #951,
40 W. San Magnan Drive
E Liquor / B
Wine / C Beer
Renewal
11/15/2016
Hy -Vee Wine and
Spirits #1, 2126
Kimball Avenue
E Liquor / B
Wine / C Beer
Renewal
11/14/2016
X
Kwik Star #380, 506 W.
9th Street
C Beer-
Renewal
11/18/2016
" X '
Logan Convenience
Store, 735 Logan .
Avenue
E Liquor
Renewal
11/11/2016
Knights of Pythias-
Furgerson Lodge #5,
244 Ash Street
(Ownership Update
Only)
C Liquor
New!
9/17/2016
'
'
i
Cherry Creek Grill,
1850 W. Ridgeway Ave,
Suite 5
C Liquor
w/Outdoor
Service
New
10/31/2016
X
3. Bonds
Roll call vote -Ayes: Six. Motion carried.
PUBLIC HEARINGS
145265 - Schmitt/Welper
that proof of publication of notice of public hearing on request to vacate sell
and convey a 1,920 square foot portion of an existing alley located north of
1317 West llth Street. to Curtis and Carrie Schultz for $200 and to establish 'a
permanent driveway to an existing detached garage, with a development agreement,
as published in the Waterloo Courier on October 30, 2015, be received and placed
on file. Voice vote -Ayes: Six. Motion carried. 1
This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
•145266 - Schmitt/Welper
that the hearing be closed.°and recommendation of the Planning and Zoning
Commission be received and placed on file. Voice vote -Ayes: Six. Motion
carried.
145267 - Schmitt/Welper
that "an Ordinance approving a request by Curt and Carrie Schultz to vacate sell
and convey a 1,920 square foot portion of an existing alley located north of
131,7 'West llth Street to Curtis and Carrie Schultz for $200 and to- establish a
permanent driveway to an existing detached garage, with a development
agreement", be received, placed on file, considered and passed for the first
time. Roll call vote -Ayes: Six. Motion carried.
145268 - Schmi'tt/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Two (Lind,
Schmitt). Motion failed.
RESOLUTIONS
145269 Morrissey/Hart
that "Resolution approving Iowa Department of Natural Resources Wastewater
Disposal System Construction Permit Application Fee Form and Construction Permit
Application Schedule A, General Information for the FY 2016 NE Industrial Park
Sanitary Sewer and Water Main Extension, Contract,900, and authorizing Mayor to
sign said application"/ be`adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and -upon approval by Mayor assigned No. 2015-881.
ORDINANCES
145270 - Morrissey/Welper
November 9; 2015
Page 3
that "an Ordinance amending the 2001 City Code by repealing Title 4, Public
Health and 'Safety, Chapter 4, Litter Control, Subsection 4-4-1 Definitions,
Enforcement Authority, in its entirety and insert in lieu thereof a new
enforcement authority to Title 4, Public Health and Safety, Chapter 4, Litter
Control, Subsection 4-4-1 Definitions, and amending Chapter 5, Municipal
Officials, Subsection, City Attorney, 1 -5D -2D, Additional Duties, in its
entirety; and inserting in lieu thereof a new subsection 1 -5D -2D, Additional
Duties", be received, placed on file, considered and passed for the first time.
Roll call vote -Ayes: Four: Nays: Two. (Schmitt, Lind). Motion carried.
Mayor Clark explained that these ordinances move the Code Enforcement Division
from Waste Management to the City Attorney's Office.
145271 - Morrissey/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Three. Nays: Three (Hart,
Schmitt, Lind). Motion failed.
OTHER COUNCIL BUSINESS
145272 - Schmitt/Hart
that "Resolution approving an Exception to Burning Yard Waste Application by
Chris Hesse on behalf of Con-Trol to burn a large brush pile, 30 feet in
diameter, located at 2950 Newell Street in December (weather and wind
permitting)",* be adopted. (Staff recommends denial) Roll call vote -Ayes: One.
Nays: Five (Jones, Schmitt, Morrissey, Welper, Hart). Motion failed.
Pat Treloar, Chief of Fire Services, explained that the City of Waterloo has a
perpetual burn ban'that,has two exceptions for fireworks and prairie grass. This
request does not fall under those exceptions and the brush pile is fairly large
'and close to businesses in that area. The Fire Department requests denial.
Chris Hess, Iowa ConTrol, explained that the ,cost involved to clear the mess is
why the company is requesting to burn the pile.
Mayor'Clark explained that Council has denied requests such as this in the past.
Mr. Morrissey questioned what the DNR's position on' this burn would be.
Pat Treloar explained that it is in violation of Iowa Administrative Code. He
explained that in 2010 he erred. in allowing a burn of this kind and similar
applications have been denied in the past.
Mr. Schmitt questioned if burning is banned in the whole state.
Pat Treloar clarified that only certain types of burning is banned statewide and
the state of Iowa has a code section regulating burning.
Mr. Jones expressed concern with the fire being so close to other businesses.
Chris -Hesse questioned if the person living in the closest home signed off to
allow the burn and noted that he- would give great consideration to wind
conditions and weather if the burn is allowed.
Pat Treloar reiterated that, in the interest of consistency, other requests such -
as this have been denied "in the past.
ORAL PRESENTATIONS
Dwayne Eilers, 1205 Bishop Street, questioned which car dealerships without
paved driveways are grandfathered in, if his client is also permitted to
continue to conduct business until May when Code Enforcement steps up
enforcement, and if their tickets will be rescinded. He questioned, if an
investigation will`be done on the inspector who cut the electricity off to his
property.
Mayor Clark stated that there would be no investigation done by the Mayor's
office regarding his claim against any city inspector. He recommended Mr.
Eilers file a police report with the Waterloo Police Department if he feels as
though a crime was committed at his property. Mayor also clarified car lots are
only the beginning point in the enforcement of these city codes and the letter
sent out from the city gave contact information for those with questions and
":grandfathering" would be addressed as well. He ended by asking Mr. Eilers to
come to his office for the answers to any questions he may not have answered.
-John Sherban, 1715 Robin Road, questioned if moving Code Enforcement to the City
Attorney's office would cost the city more or less money.
November 9, 2015 Page 4
Mayor Clark explained that there will be no change in the cost for Code
Enforcement or the City Attorney as a result of the move.
David Dryer, 3145 W. 4th Street, asked for an update on the cost for the new
chain link fence at the brush dump site.
Mayor Clark stated that the cost for that fence was $15,350.00 and was approved
by the finance committee on September 8th and the reason for the expense was to
prevent illegal dumping at that site.
Jim Chapman, 224 Bertch, questioned if the city is aware of issues ConAgra is
facing in other parts of the country.
Mayor Clark clarified that the issues are simply a downsizing and a move into
the City of Waterloo.
Mayor Clark expressed his gratitude for the courage it took for all the
individuals who ran for City office.
Wayne Nathem thanked the Mayor for recognizing him and congratulated Tim Hurley
and Quentin Hart on the result.
Mayor Clark announced that the Carol Akin family, with the help of VGM
Corporation and James Walsh, has generously donated a electric wheelchair to ADA
Commission member Bruce Kaiser.
145273 - Hart/Welper
that the above oral comments be received and placed ,on file. Voice vote -Ayes:
Six. Motion carried.
145274 - Hart/Welper
that the council adjourn to Executive Session at 6:19 p.m. Roll call vote -Ayes:
Six. Motion carried.
City Attorney Dave Zellhoefer stated that discussion of Litigation is an
approved topic of Executive Session pursuant to Iowa Code Section
21.5 (1) (c) (2015) .
EXECUTIVE SESSION
145275 - Hart/Schmitt
that the council adjourn Executive Session at 6:43 p.m. Voice vote -Ayes: Six.
Motion carried.
ADJOURNMENT
145276 - Hart/Schmitt
that the Council adjourn at 6:43 p.m. Voice vote -Ayes: Six. Motion -carried.
Suzy Schores, CMC
City Clerk/Human Resource Director