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HomeMy WebLinkAboutMinutes-10/19/2015 October 19, 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 19, 2015. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. t to remember Van G. Miller, a long-time business leader and Mayor Clark took a momen He asked everyone to take the opportunity in mentor of many within the City of Waterloo. the moment of silence to remember Mr. Miller and the family and friends he left behind. Moment of Silence. Pledge of Allegiance: Mark Rice, Public Works Director. 145172 - Hart/Welper that the Agenda, as amended, by deleting item #11, Resolution approving Memorandum of Understanding with INRCOG for grant writing services for Low-Head Dam Public Hazard Program, in the amount of $350, 000, to be used for the Cedar River Whitewater and Habitat Improvements Project, for the Regular Session on Monday, October 19, 2015, at 5:30 p.m. , be accepted and approved. Voice vote- Ayes: Seven. Motion carried. 145173- Hart/Welper that the Minutes, as proposed, for the Regular Session on Monday, October 12, 2015, at 5:30 p.m. , be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Mayor Clark read a Proclamation declaring October 21, 2015 as Gentleman Day. Mayor Clark read a Proclamation declaring October 19 - 23, 2015 as Character Counts Week. Mayor Clark introduced Tonya Graves who explained the NAACP Banquet is this Saturday. CONSENT AGENDA 145174- Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: I. Resolution approving Finance Committee Invoice Summary Report, dated October 19, 2015, in the amount of $3, 604, 781.82, 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. 2015-828 . 2. Resolution setting the date of public hearing as November 2, 2015 to approve a 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. Resolution adopted and upon approval by Mayor assigned No. 2015-829. 3. Resolution setting date of public hearing as November 2, 2015 to approve the request of Lost Island Real Estate, L.C. for a Site Plan Amendment to the "R-4, R-P" Planned Multiple Residence District to allow for the development of a new residential subdivision, generally located northwest of the intersection of E. Shaulis Road and Hess Road, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2015-830. 4 . Resolution setting date of hearing as November 2, 2015 to approve request of 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; and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2015-831. October 19, 2015 Page 2 5. Resolution setting the date of public hearing as November 2, 2015 to approve preliminary plans, specifications, form of contract, etc. and setting the date of bid opening as Thursday, October 29, 2015 for asbestos abatement services at 325 Commercial Street, locally known as the former Wonder Bread Building. Resolution adopted and upon approval by Mayor assigned No. 2015-832. 6. Request from Donald L. Blake for a waiver for a concrete driveway to be located at 2015 Grand Blvd. and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on City right of way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2015-833. b. Motion to approve the following: -. Travel Requests Name & Title of Amount not Personnel Class/Meeting Destination Date(s) to Exceed a. Kent Shankle, Return exhibitions New Haven, CT November 6- $2,210.00 Director 7, 2015 b. Officers Erie, Defensive Tactics Johnston, IA November 4, $345.00 Lippert and Recertification 2015 Oelmann School C. P.O. 's Lindaman, Graffiti West Des November $220.00 Oliver and Deciphering and Moines, IA 13, 2015 Harrington Interdiction d. P.O. Brownell K-9 Tracking Denver, IA November 8- $1,188.00 Maintenance 13, 2015 Training 2. Approved Beer, Liquor, and Wine Applications Name & Address of New or Expiration Includes Business Class Renewal Date Sunday a. Dixon Grocery & C Beer Renewal 07/16/2016 X Takeout, 926 Linn Street 3. Theatre License Permit Application • Crossroads 12 Theatre, 2450 Crossroads Boulevard • Romantix Adult Emporium, 1507 La Porte Road • Mini Cinema 16, 315 E. 4th Street • Fantasy Island Amusement, 1850 W. Airline Hwy 4. Bonds Roll call vote-Ayes: Seven. Motion carried. PUBLIC HEARINGS 145175 - Schmitt/Hart that proof of publication of notice of public hearing on request by Community United Child Care Centers, Inc. for approval of a site plan amendment to the "R- 1, C-Z" Conditional Zoning District to allow for the building of a 8, 700 square foot addition to the existing building located at 3610 Ansborough Avenue, as published in the Waterloo Courier on October 9, 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. 145176 - Schmitt/Hart that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 145177 - 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 Community United Child Care Centers, Inc. for approval of a site plan amendment to the "R-1, C-Z" Conditional Zoning District to allow for the Page 3 October 19, 2015 building located at building of a 8, 700 square foot addition ohfile,1Sconsidered and passed for 3610 Ansborough Avenue", be received, placedon the first time. Roll call vote-Ayes: Seven. 145178 - Schmitt/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Noel Anderson, Community Planning and Development Director, explained that the residents have been notified and no opposition has been received. 145179 - 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 Community United Child Care Centers, Inc. for approval of a site plan amendment to the "R-1, C-Z" Conditional Zoning District to allow for the building of a 8, 700 square foot addition to the existing building located at 3610 Ansborough 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. 5310. 145180 - Hart/Morrissey that proof of publication of notice of public hearing on 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, as published in the Waterloo Courier on October 9, 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. Dale Carol, 130 Tribal Road, asked the reason for the request to vacate. Noel Anderson, Community Planning and Development Director, explained that it is a small portion of land next to Pizza Hut and they have not identified an expansion but they have asked to purchase the property. Mr. Schmitt asked if there was a timing issue with this item. Noel Anderson stated that there was no timing issue. Mr. Hart asked when the City would receive the $133, 500. Noel Anderson explained that the average turnaround is approximately four weeks after all of the paperwork is complete. Mr. Lind questioned where the City would put the money. Noel Anderson stated that it would depend on how the property was originally purchased, but his belief would be that it would go into the General Fund. 145181 - Hart/Morrissey that the hearing be closed and oral comments and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 145182 - Hart/Morrissey that "an Ordinance approving a request by Realty Income Corporation 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 received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. 145183 - Hart/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Five. Nays: Two (Schmitt, Lind) . Motion failed. October 19, 2015 145184 - Morrissey/Hart Page 4 that proof of publication of notice of public hearing on the rental of three (3) motor graders to support snow removal operations, as published in the Waterloo Courier on October 5, 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. 145185 - Morrissey/Hart that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 145186 - Morrissey/Hart that "Resolution confirming approval of specifications, bid documents, form of contract, etc. in conjunction with the rental of three (3) motor graders to support snow removal operations", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-834 . 145187 - Morrissey/Hart that "Resolution authorizing to proceed in conjunction with the rental of three (3) motor graders to support snow removal operations", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-835. 145188 - Morrissey/Hart Motion to receive and file and instruct City Clerk to read bids and refer to Public Works Director for review. Bidder Bid Security Bid Amount Murphy Tractor & Equipment N/A $55, 800.00 Waterloo, IA- $85, 800.00 Altofer, Inc. No Bid Cedar Rapids, IA N/A No Bid Voice vote-Ayes: Seven. Motion carried. 145189 - Welper/Morrissey that proof of publication of notice of public hearing on the purchase of one (1) automated side-load garbage truck, as published in the Waterloo Courier on October 5, 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. 145190 - Welper/Morrissey that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 145191 - Welper/Hart that "Resolution confirming approval of specifications, bid documents, form of contract, etc. in conjunction with the purchase of one (1) automated side-load garbage truck", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-836. 145192 - Welper/Hart that "Resolution authorizing to proceed in conjunction with the purchase of one (1) automated side-load garbage truck", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-837. Page 5 October 19, 2015 145193 - Welper/Hart Motion to receive and file and instruct City Clerk to read bids and refer to Public Works Director for review. Bidder Bid Security Bid Amount Cedar Rapids Truck Center N/A $226, 550.00 Cedar Rapids, IA Twin Bridges Truck City N/A $254, 050.00 Davenport, IA Voice vote-Ayes: Seven. Motion carried. RESOLUTIONS 145194 - Hart/Morrissey that "Resolution approving a temporary and permanent easement agreement in the amount of $2, 934 .21 with Graceland Terrace Condominiums Owners Association in relation to the Delane Creek Drainage Basin improvements project, adjacent to 162 Presley Circle", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-838 . 145195 - Hart/Morrisey that "Resolution approving temporary easement agreements with Stoc Kline Prairie, LLC for $0.00 (donated) , Corey J. Simon for $100. 00, Ibrahim and Suada Bacevac for $163.56, Wesley A. and Katelyn A. Bro for $122.27, Lost Island Real Estate, LC for $0.00 (donated) , and Lehnen Family Trust for $109.30, in relation to the East Shaulis Road recreational trail extension from Highway 21, eastward to Isle of Capri Boulevard", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-839. 145196 - Hart/Morrissey that "Resolution approving Housing Enterprise Zone Program Agreement No. 14-HEZ- 193 with Iowa Department of Economic Development and Skogman Construction Company of Iowa for the construction of eleven (11) new single family homes, generally located within Crossroads Estates; 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. 2015-840. 145197 - Schmitt/Hart that "Resolution supporting the formation of the Middle Cedar River Watershed Management Authority, and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-841. 145198 - Schmitt/Hart that "Resolution approving award of contract to Vieth Construction Corporation, of Cedar Falls, Iowa in the amount of $163, 486.20 and approving the Contract, Bonds, and Certificate of Insurance for the F.Y. 2016 Levee Tree Clearing (Black Hawk Creek North Side) and Sink Creek Channel Cleaning, Contract No. 888, and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-842. 145199 - Schmitt/Hart that "Resolution approving request by the City of Waterloo to name the existing trail along Martin Luther King Junior Drive as Martin Luther King Junior Nature Trail", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-843. October 19, 2015 145200 - Hart/Welper Page 6 that "Resolution approving Agreement between City of Waterloo and Owners of 711- 713 Logan Avenue, Waterloo, Iowa, aka Tri-City Clothing Building", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-844 . 145201 - Morrissey/Hart/ that "Resolution approving a consent decree with the United States Department of Justice, the United States Environmental Protection Agency and State of Iowa", be adopted. Roll call vote-Ayes: Five. Nays: Two (Schmitt, Lind) . Motion carried. Mr. Lind questioned the cost of injunctive release. Michelle Weidner, Chief Financial Officer, explained that there is a plan in place where the city will set aside $6, 000, 000.00 per year for the next several years which would cover the cost of the initial requirements. The anticipated costs are expected to be much lower than originally predicted. Mr. Lind questioned why the council is being kept in the dark concerning this. Mayor Clark explained that the council has not been kept in the dark regarding this item as council has attended several meetings and work sessions at which this item has been addressed. Mr. Schmitt asked for more information on the consent decree. Michelle Weidner referred to items in the remedial measures and schedules section of the consent decree. She explained that the City is making progress on these items and future projects in targeted areas, will determine the final costs. Many variables will affect the final costs. Mayor Clark noted that it is dangerous to be forced into giving numbers when there are so many variables involved with completing the project. Bob Bamsey, AECOM, explained that there are a few things that we do know for sure. We know that we have ongoing system needs which will involve plenty of these variables. Mr. Schmitt questioned the logic of the progression of this process. Bob Bamsey explained that they are first addressing areas with the most problems. Mr. Lind supports going to trial instead of signing a consent decree. Mr. Welper thanked Attorney John Hall for walking the City through the process. Wayne Nathem, 548 Cloverdale, questioned how far along the City is in slip lining project. Bob Bamsey explained Phase I and Phase II in areas 15 and 16 are complete. Jim Chapman, 224 Bertch, questioned if the footing drains credit will be available for the next areas in the project. Mayor Clark explained that the plans have not been made for the other areas and, until they are, it is unknown whether the credit will be available. Forest Dillavou, 1725 Huntington Road, expressed concern the 15% sewer fee increase each year. Michelle Weidner, Chief Financial Officer, stated that there should not be a 15% sewer fee increase each year. Resolution adopted and upon approval by Mayor assigned No. 2015-845. Ms. Cole excused herself from the meeting. ORAL PRESENTATIONS Doug Walker, National Coordinator for Criminal Justice Reform for the General Board of the Churching Society of the United Methodist Church, spoke in support of Ban the Box. Bill Kammeyer, 526 Homepark Blvd. , expressed concerns regarding Ban the Box. Page 7 October 19, 2015 Bruce Kaiser, 514 E. 2nd Street, asked the community to let him know of any barriers they are facing so he can help. Mark Pregler, 5312 Hammond Avenue, spoke in opposition to Ban the Box as it pertains to landlords. David Dryer, 3145 W. 4th Street, asked for answers to the questions he posed at last week' s council meeting regarding manpower used to do work at Riverfront Stadium and the status of the grinder at Public Works. Mark Rice, Public Works Director, explained that the grinder is still not working and employees are picking up the slack until it is. The stadium was used to train Street Department employees on how to use new equipment. 145202 - Hart/Welper that the above oral comments be received and placed on file. Voice vote-Ayes: Six. Motion carried. ADJOURNMENT 145203 - Hart/Welper that the Council adjourn at 6:35 p.m. Voice vote-Ayes: Six. Motion carried. Suzy Sha es, CMC City le /Human Resource Director