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HomeMy WebLinkAboutMinutes-November 2, 2015 November 2, 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 2, 2015. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Quentin Hart, Mayor Pro Tem. 145226- Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, November 2, 2015, at 5:30 p.m. , be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 145227- Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, October 26, 2015, at 5:30 p.m. , be accepted and approved. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 145228 - 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 November 2, 2015, in the amount of $3, 796, 952.48, 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. 2015-856. 2. Resolution approving the request of Katy Hackett for tax exemptions on the remodel of a single family home valued at $40, 000 for the property located at 515 Riverside Drive and located within the Consolidated Urban Revitalization Area (LURA) . Resolution adopted and upon approval by Mayor assigned No. 2015-857. 3. Resolution approving the request of Thomas H Skinner for tax exemptions on the construction of a new garage valued at $16, 915 for the property located at 1110 W Parker Street and located within the Consolidated Urban Revitalization Area (LURA) . Resolution adopted and upon approval by Mayor assigned No. 2015-858 . 4 . Resolution approving the request of Eric Frey for tax exemptions on the construction of a new garage and remodel of the dwelling valued at $190, 000 for the property located at 925 Midland Street and located within the Consolidated Urban Revitalization Area (CURA) . Resolution adopted and upon approval by Mayor assigned No. 2015-859. 5. Resolution approving the request of Clayton Spear for tax exemptions on the construction of a new garage valued at $10, 600 for the property located at 506 Hammond Avenue and located within the Consolidated Urban Revitalization Area (CURA) . Resolution adopted and upon approval by Mayor assigned No. 2015-860. 6. Resolution approving the request of Thomas Gehl for tax exemptions on the construction of a new garage valued at $22, 000 for the property located at 235 Leland Avenue and located within the Consolidated Urban Revitalization Area (CUBA) . Resolution adopted and upon approval by Mayor assigned No. 2015-861. 7 . Resolution approving the request of Creed Harkless for tax exemptions on the construction of a townhouse valued at $150, 000 for property located at 5812 Summerland Drive, and located in the City Limits Urban Revitalization Area (CLURA) . November 2, 2015 Page 2 Resolution adopted and upon approval by Mayor assigned No. 2015-862. 8. Resolution approving the request of Dennis Cordes for tax exemptions on the construction of a new condo valued at $174, 900 for property located at 4023 Mourning Dove, and located in the City Limits Urban Revitalization Area (CLURA) . Resolution adopted and upon approval by Mayor assigned No. 2015-863. 9. Resolution approving the request of Tim Cummings for tax exemptions on the construction of a new condo valued at $159, 900 for property located at 4004 Mourning Dove Drive, and located in the City Limits Urban Revitalization Area (CLURA) . Resolution adopted and upon approval by Mayor assigned No. 2015-864 . 10. Resolution approving the request of Senad & Aida Dizdarevic for tax exemptions on the construction of a new single family home valued at $200, 000 for property located at 5612 Summerland Drive, and located in the City Limits Urban Revitalization Area (CLURA) . Resolution adopted and upon approval by Mayor assigned No. 2015-865. 11. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as November 12, 2015 and date of public hearing as November 16, 2015 for demolition services at 330 Irving Street and 1025 Sycamore Street, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2015-866. 12. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as November 12, 2015 and date of public hearing as November 16, 2015 for the F.Y. 2016 Levee Tree Clearing (Black Hawk Creek South Side) , Contract No. 901, and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Resolution adopted and upon approval by Mayor assigned No. 2015-867. 13. Resolution approving preliminary plans, specifications, form of contract, etc. , as prepared by JDE Engineering, and setting date of bid opening as November 19, 2015 and date of public hearing as November 23, 2015 for the F.Y. 2016 NE Industrial Park Sanitary Sewer and Water Main Extension, Contract No. 900, and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Resolution adopted and upon approval by Mayor assigned No. 2015-868. b. Motion to approve the following: 1. Travel Requests Name & Title of Class/Meeting Destination Date(s) Amount not Personnel to Exceed a. Officers Erie, Defensive Tactics Johnston, IA 11/4/2015 $445.00 Lippert and Recert School Oelmann (AMENDED) 2. Approved Beer, Liquor, and Wine Applications Name & Address of New or Expiration Includes Business Class Renewal Date Sunday a. Tokyo Japanese C Liquor New 02/13/2016 X Steakhouse, 1931 Sears Street (Premise Update) b. Gallerija 92, 1927 C Liquor Renewal 10/31/2016 Jefferson Street C. Hy-Vee C-Store #4, B Wine, C Beer Renewal 10/31/2016 X 3700 University Avenue d. Petersen & Tietz B Native Wine Renewal 10/08/2016 X Florists, 2275 Independence Avenue 3. Mayor Clark' s recommendation of the following appointments: Page 3 November 2, 2015 Expiration New or Re- Appointee Board/Commission Date Appointment Shari King ADA Commission 10/08/2018 Re-Appointment Telecommunications 01/01/2021 Re-Appointment Randy Pilkington Board Community Development 11/02/2018 New Philip Nash Board Eric DonatADA Commission 11/02/2018 New 4 . Application for Vehicle for Hire Business License for CJ's Courtesy Cab, 7920 Zaneta Road, Hudson, IA. Roll call vote-Ayes: Seven. Motion carried. PUBLIC HEARINGS 145229 - Schmitt/Hart that proof of publication of notice of public hearing on the request by Lost Island Real Estate, L.C. for a Site Plan Amendment to the "R-4, R-P" Planned Multiple Residence District for to allow for the development of a new residential subdivision, generally located northwest of the intersection of E Shaulis Road and Hess Road, as published in the Waterloo Courier on October 23, 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. 145230 - Schmitt/Hart that the hearing be closed and recommendation of the Planning and Zoning Commission be received and placed on file. Voice vote-Ayes: Seven. Motion carried. Ms. Cole questioned if the water issues in the area had been addressed. Eric Thorson, City Engineer, explained that the construction plans have not been submitted yet and will be brought to Council for approval. This item is only for the rezoning of the property. 145231 - Schmitt/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 the request by Lost Island Real Estate, L.C. for a Site Plan Amendment to the "R-4, R-P" Planned Multiple Residence District for to allow for the development of a new residential subdivision, generally located northwest of the intersection of E Shaulis Road and Hess Road", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 145232 - Schmitt/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. 145233 - Schmitt/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 the request by Lost Island Real Estate, L.C. for a Site Plan Amendment to the "R-4, R-P" Planned Multiple Residence District for to allow for the development of a new residential subdivision, generally located northwest of the intersection of E Shaulis Road and Hess Road", 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. 5313. 145234 - Hart/Welper that proof of publication of notice of public hearing on the rezone request by the City of Waterloo to rezone approximately 0.49 acres of land from "R-2" One and Two Family Residence District and "C-2" Commercial District to "C-P" Planned Commercial District, located at the northeast corner of Ansborough Avenue and November 2, 2015 Page 4 Upton Avenue, as published in the Waterloo Courier on October 23, 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. Forest Dillavou, 1725 Huntington Road, questioned if an additional access will be planned. Mayor Clark explained that the access has yet to be decided because this is a rezone but a business has not been identified for this area. Noel Anderson, Community Planning and Development Director, agreed that access will be looked at when a project is identified. David Dryer, 3145 W. 4th Street, expressed concern with the rezone due to increased traffic and the fact that he was unable to sell his property due to the possibility of increasing the traffic. Mayor Clark explained that there is not an identified project. This rezone allows Council to decide what goes there in the future. Mr. Lind questioned if one lot was being left as a residential lot. Noel Anderson, Community Planning and Development Director, confirmed that there will be a residential lot left zoned "R-2". 145235 - Hart/Morrissey that the hearing be closed and recommendation of the Planning and Zoning Commission and oral and written comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 145236 - 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 Rezone of Certain Property in conjunction with the rezone request by the City of Waterloo to rezone approximately 0.49 acres of land from "R-2" One and Two Family Residence District and "C-2" Commercial District to "C- P" Planned Commercial District, located at the northeast corner of Ansborough Avenue and Upton Avenue", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 145237 - Hart/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. 145238 - 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 Rezone of Certain Property in conjunction with the rezone request by the City of Waterloo to rezone approximately 0.49 acres of land from "R-2" One and Two Family Residence District and "C-2" Commercial District to "C- P" Planned Commercial District, located at the northeast corner of Ansborough Avenue and Upton Avenue", 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. 5314 . 145239 - Hart/Morrissey that proof of publication of notice of public hearing on the request by San Marnan Management, Inc to rezone 3.77 acres from "C-2" Commercial District to "C-2, C-Z" Conditional Zoning Commercial District to allow for a storage warehouse and related shipping activities, located at 4107 Hammond Avenue and 1051 Southtown Drive. , as published in the Waterloo Courier on October 23, 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. Chris Wendland, Attorney for the applicant, was available for questions and there were none. 145240 - Hart/Morrissey Page 5 November 2, 2015 commendation of the Planning and Zoning that the hearing be closed and re nts be received and placed on file. Voice Commission and oral and written comme vote-Ayes: Seven. Motion carried. 145241 - 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 Rezone of Certain Property in conjunction with the request by San Marnan Management, Inc. to rezone 3.77 acres from 11C-2" Commercial District to "C-2, C-Z" Conditional Zoning Commercial District to allow for a storage warehouse and related shipping activities, located at 4107 Hammond Avenue and 1051 Southtown Drive", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Six. Abstain: One (Cole) . Motion carried. 145242 - Hart/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. 145243 - 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 Rezone of Certain Property in conjunction with the request by San Marnan Management, Inc. to rezone 3.77 acres from 11C-2" Commercial District to "C-2, C-Z" Conditional Zoning Commercial District to allow for a storage warehouse and related shipping activities, located at 4107 Hammond Avenue and 1051 Southtown Drive", 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. 5315. 145244 - Welper/Morrissey that proof of publication of notice of public hearing on the asbestos abatement of 325 Commercial Street (former Wonder Bread building) , as published in the Waterloo Courier on October 23, 2015, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 145245 - Welper/Morrissey that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 145246 - Welper/Morrissey that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with the asbestos abatement of 325 Commercial Street (former Wonder Bread building) ", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-869. 145247 - Welper/Morrissey that "Resolution authorizing to proceed in conjunction with the asbestos abatement of 325 Commercial Street (former Wonder Bread building) ", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-870. 145248 - Welper/Morrissey Motion to receive and file and instruct City Clerk to read bids and refer to Community Planning & Development Director for review. Bidder Bid Bid Amount Security Advanced Environmental 803 Ricker Street 5% $5, 750.00 Waterloo, IA Voice vote-Ayes: Seven. Motion carried. 145249 - Welper/Morrissey November 2, 2015 Page 6 that "Resolution awarding asbestos abatement contract to Advanced Environmental for asbestos abatement of 325 Commercial Street the former Wonder Bread Bakery in the amount of $5, 750.00", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-871. RESOLUTIONS 145250 - Morrissey/Hart that "Resolution approving Professional Services Agreement with Recreation Engineering & Planning, of Boulder, Colorado, in the amount of $245, 865. 00, paid for with WDC Gaming Funds, for preliminary engineering and design in conjunction with the construction of a whitewater course on the Cedar River in downtown Waterloo", be adopted. Roll call vote-Ayes: Five. Nays: One (Schmitt) . Abstain: One (Schmitt) . Motion carried. John Sherban, 1715 Robin Road, spoke in opposition to the project. David Dryer, 3145 W. 4th Street, spoke in opposition to the project. Jim Chapman, 224 Bertch, spoke in opposition to the project. Bruce Kaiser, 514 E. 2 a Street, compared this project to the dog track. Don Miller, 707 Stone Quarry Road, questioned if VanderWalle included this in the plan for downtown and whether a business plan had been submitted showing advantages for the course, proposed funding, and location. Mayor Clark noted that a kayak course has been in the plan for a long time. It is unknown if that came from VanderWalle or if it is a part of the downtown renaissance plan. The specifics of the course are not available at this time. Kirk Henderson, 301 Frederick Ave. , spoke in support of the project. Mr. Lind questioned if the price list was a professional service agreement. Eric Thorson, City Engineer, noted that it is an acceptable format that lists the scope of work and the prices. Mr. Morrissey spoke in support of the project and expressed concern with the removal of the little dam. Mr. Jones questioned how well the Charles City Course is performing. Mayor Clark spoke in support of the project and noted that the other courses in Iowa are doing well. Resolution adopted and upon approval by Mayor assigned No. 2015-872. 145251 - Cole/Morrissey that "Resolution authorizing MidAmerican Energy to install LED street lights on the SW corner of the 2600 block of Geraldine Rd. and W. Airline Highway, SE corner of 2900 block of Geraldine Rd. and W. Airline Hwy. , two (2) curves in the 2700 and the curve in the 2800 blocks of Geraldine Rd", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-873. 145252 - Cole/Morrissey that "Resolution authorizing MidAmerican Energy to install 100 watt LED street lights on wood poles in the alley that runs east and west between the 1000 block of Linn St. and Manson St. and the entrance/exit drive of Hawkeye Community College parking lot in the 800 block of W. 3rd St.", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-874 . 145253 - Cole/Morrissey that "Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc. for the completion of an Airfield Pavement Management Study and Analysis (APMS) at the Waterloo Regional Airport in the amount of $99, 800.00, and request approval for the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Page 7 November 2, 2015 David Dryer, 3145 W. 4th Street, spoke in opposition to the study. Keith Kaspari, Airport Director, explained that the last study was completed in 2002. This study will provide a PCI index that allows the airport to look at the cost of future rehabilitated costs and will allow the airport to provide the PCI number to aircraft operators so they can confidently operate the aircraft at the airport. Resolution adopted and upon approval by Mayor assigned No. 2015-875. 145254 - Morrissey/Hart that "Resolution approving Completion of Project and Recommend Final Acceptance of Work Performed by Altorfer, Inc. of Cedar Rapids, Iowa, for the completion of the RICE-NESHAP Improvements to the Emergency Generator at Waterloo Regional Airport, and recommend approval to proceed with Pay Estimate No: 1 -(Pre-Final) in the amount of $31, 727.45, and Pay Estimate No: 2 (Final Including Retainage) at $1, 669. 90", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-876. 145255 - Morrissey/Hart that "Resolution approving Professional Service Agreement with AECOM Technical Services, Inc. for an amount not to exceed $42, 000.00 in conjunction with the Waterloo Sanitary Sewer Smoke Testing, Southland Park and Audubon Park; and authorize Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-877. ORDINANCES 145256 - Schmitt/Hart that "an Ordinance amending the 2008 Traffic Code by deleting Subsection (247) Magnolia Parkway to Section 551, Parking Prohibited At all Times On Certain Streets, and inserting in lieu thereof a new Subsection (247) Magnolia Parkway to Section 551, Parking Prohibited At All Times On Certain Streets", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 145257 - Schmitt/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roil call vote-Ayes: Seven. Motion carried. 145258 - Schmitt/Hart that "an Ordinance amending the 2008 Traffic Code by deleting Subsection (247) Magnolia Parkway to Section 551, Parking Prohibited At all Times On Certain Streets, and inserting in lieu thereof a new Subsection (247) Magnolia Parkway to Section 551, Parking Prohibited At All Times On Certain Streets", 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. 5316. OTHER COUNCIL BUSINESS 145259 - Morrissey/Welper that Change Order 2 for an increase of $3, 410.00 and Change Order 3 for an increase of $440. 00, for the Lighting Phase of Taxiway Alpha Rehab Project at the Waterloo Regional Airport, for a total project cost of $850, 486.50, and authorize the Director of Aviation to proceed with said work, be received, placed on file and approved. Voice vote-Ayes: Seven. Motion carried. ORAL PRESENTATIONS Duane Eilers, Bishop Street, expressed concern with code enforcement violations not being issued to similar businesses to his. He expressed concern with the building inspection department. Bruce Kaiser, welcomed Eric Donat to the ADA Commission. David Dryer, 3145 W. 4th Street, expressed concern with the yard waste site fence. November 2, 2015 Page 8 John Sherban, 1715 Robin Road, noted that the election is on the 3rd and there is a shortage of funds. Don Miller, questioned why permits have not been issued for the Tech II project. Mayor Clark explained that the City is hopeful that the contractor will be moving forward soon. Jerry Hageman, 345 San Salvador, spoke in support of Ban the Box and in support of the white water course. Mr. Morrissey explained that the Ban the Box ordinance will be brought back at a later Council meeting. 145260 - Hart/Welper that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. ADJOURNMENT 145261 - Hart/Welper that the Council adjourn at 6:26 p.m. Voice vote-Ayes: Seven. Motion carried. Suzy Sch s, CMC City Cl /Human Resource Director