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HomeMy WebLinkAboutMinutes-2/08/2016February 8, 2016 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, February 8, 2016. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Jones, Schmitt, Lind, Morrissey, Welper, and Amos. Moment of_Silence. Invocation by Pastor Judy Marshall, Harvest Vineyard Church Pledge. of Allegiance: Abraham Funchess; Human Rights Director. 145565 - Welper/Schmitt • that the Agenda, as proposed, for the Regular Session on Monday, February. 8, 2016, at 5:30 p.m.k, be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 145566 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, February 1, 2016, at 5:30 p.m., be..accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mr. Amos pointed out that item number four of the minutes needed to be corrected to read 2015 instead of 2016. 145567 - Schmitt/Amos Motion to add presentation. from East High Robotics Team to the agenda prior to- the othe Consent Agenda. Voice -vote -Ayes: Seven. Motion carried. Presentation by Waterloo East High School Robotics team promoting the Cedar Valley Robot Week. They also requested that the City of Waterlooproclaim the week of March 21,2016 as Robotics Week. CONSENT AGENDA 145568 -,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 February 8, 2016, inpthe amount of $2,404,439.15 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. 2016-092. 2. Resolution approving the request of Rob Adams for tax exemptions on the exterior- remodel, of a commercial building valued at $20,000 for, the property located at 124 Center Street and located within the Consolidated Urban Revitalization Area (LURA). Resolution adopted and upon approval by Mayor assigned No. 2016- 093. 3. Resolution approving the request of Rob Adams for tax exemptions on the construction of a new 'commercial building valued at $95,000 for thea property located at 124 Center Street and located Within the Consolidated Urban Revitalization Area (CUBA). Resolution adopted and upon approval by Mayor assigned No. 2016-094. 4. Resolution approving the request 6f Heidi Fordyce for the construction of a new garage valued at $16,000 located at 126 Bismarck Avenue and located within, the Revitalization Area (CURA). tax exemptions on for the property Consolidated Urban Resolution adopted and upon approval by Mayor assigned No. 2016-095. 5. Resolution approving the request of Michael Hoy for tax exemptions on the exterior remodel of a home valued at $25,000 for the property located at 335 Almond Street and located within the Consolidated Urban Revitalization Area (LURA). February 8, 2016 Page 2 Resolution adopted and upon approval by Mayor assigned No. 2016-096. 6. Resolution approving the request of Christopher Corsbie for tax exemptions on the construction a new single family home valued at $218,407 for property located at 1106 Sandpiper Court, and located in the City Limits Urban Revitalization Area (CLURA)i. Resolution adopted and upon approval by Mayor assigned No. 2016-097. 7 .Resolution setting date of hearing as February 22, 2016 to approve the request by Christian Community Development (House of Hope) to rezone approximately 0.71 acres of land from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, for the purposes of establishing a group home with office space, located at. 845 West 4th Street; and,>instruct City Clerk* to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2016-098. 8. Resolution setting the date of public hearing as February 22, 2016 to approve a request by Alex Fuller, Love's ..Travel Stops & Country Stores, for a site plan amendment to the "B -P" Business Park District to allow for the construction of a 7,000 SF retail convenience store/fast food restaurant and 4,975 SF tire service •and light truck service center, located at the intersection of Highway 63 and Greyhound Drive, directly to the north of. Highway 20, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned,No. 2016-099. b. Motion to approve the following: 1. a. c. d. f. g• Travel Requests Name & Title.of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Lt. Payne and Inv.'Girsch INOA 2016 Annual Conference West Des Moines, IA March 29- 31, 2016" $960.00 Inv'. Sadd & P.O. . Jurgensen LEIN (Law Enforcement Intelligence Network) School Des Moines, IA April 4- 16, 2016 $1,930.00 , Brandon Hodgin - Signal Technician I EPAC Training Davenport, IA March 2-4, 2016 $320.00 Wayne Castle, Associate Engineer SLSI 2016 Land Surveyors Conference Ames, IA March 34, 2016 $385.00 Julie Snider, Executive Director; Beverly Cosby, Housing Coordinator; Tajah Wright, Housing" Coordinator Iowa NAHRO 2016 Annual Conference/Training Coralville, IA . April 20- 22, 2016 $2,165.00 Travis Ihnen American Heart Association Healthcare Provider (BLS) Instructor Course Iowa City, IA January 28, 2016 $188.00 Travis Ihnen Advanced Cardiac Life Support Instructor Course, 'Iowa City, IA February 17, 2016 $252.00 2. a. b. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date •Includes Sunday SACS Neighborhood Pub, 2000 Hawthorne Avenue C Liquor Renewal 1/31/2017 X The Broken Record 315 W. 4th Street C Liquor w/Outdoor Service. Renewal 1/20/2017 X 3. Mayor Hart''s recommendation of the following appointments:' February 8, 2016 Page 3 Appointee Board/Commission Expiration Date New or Re - Appointment Chris Schwartz Human Rights Commission 02/08/2019 New Robert Jenkins Human Rights Commission 02/08/2019 New Morrissey mentioned Bob Jenkins is in the audience. Roll call vote -Ayes: carried. PUBLIC HEARINGS 145569 - Schmitt-Welper Seven. (Schmitt voted no on lb, ld, and le). Motion that proof of publication of notice of public hearing on the request by Edward Shaw to purdhase vacant land acquired through 657A generally located at 927 Mullan Avenue in the amount of $3,000, as published in the Waterloo Courier on January 29, 2016, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being. the time and place of public hearing, the Mayor called and_oral objections and there were none. 145570 - Schmitt-Welper for written that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145571 - Schmitt-Welper that "Resolution authorizing the sale and conveyance of a city owned property for $3,000 commonly known as 927 Mullan Avenue"; be adopted. Roll -call vote- Ayes: Seven'. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2016-100. Mr. Welper stated that Systems - Mitchell rejected bids. 9 RESOLUTIONS 145572 - Lind -Schmitt the, hearing in conjunction with US 218 Video Detection Avenue to West 18th Street Project is cancelled due to that "Resolution approving Waterloo Convention & Visitors Bureau (CVB) Board recommendations, to fund FY17 CVB Partner Grants in the following amounts:. Dan Gable Wrestling Museum $12,528; Waterloo Community Playhouse/Black Hawk Children's. Theatre $15,984; Waterloo Center for the Arts $19,122; Grout Museum District $25,488; Cedar Valley Arboretum & Botanic Gardens $6,250; Main Street Waterloo $6,480"-, be adopted. Roll call Vote -Ayes: Seven. Motion carried. Mr. Lind stated that two council members are members of the grout board and questioned if they should vote. Dave Zellhoefer confirmed that Council members who sit on the boards can vote. Mr. Schmitt questioned if this item is in addition to the levy recently passed. Aaron Buzza, director of CBB, this was in the process as Mainstreet was coming -CO the city for additional funds and while the grout was campaigning for the levy increase and is in addition to what has already been requested: Resolution adopted and upon approval by Mayor assigned No. 2016-101. 145573 - Morrissey -Schmitt that "Resolution approving and accepting certain acquisition contract and accepting certain deeds to sell real property to the City of Waterloo for the acquisition of needed property for Delane Creek drainage improvements, and accept a temporary easement from S4W, LLC for $72,225.66°($71,394.84 fee title acquisition, $830.82' temporary easement) located adjacent to 1040-1138 Patrick Court", be„adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested an overview. February 8, 2016 Eric Thorson, City Engineer, Water Management Project. Page 4 stated that the easements are needed for Storm Mr. Schmitt questioned the source of the funding. Eric Thorson indicated that funding was through bond funds. Mr. Jones questioned the amounts and if this was a temporary easement Eric Thorson clarified the amounts and that most of it is permanent e Resolution adopted and upon approval by Mayor assigned No. 2016-102. 145574 - Morrissey -Schmitt asement. that "Resolution approving 4;a Professional Services Agreement with AECOM of Waterloo, .Iowa, in the amount of $20,000, in conjunction with the Waterloo Center for Arts parking lot renovation, and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adapted and upon approval by Mayor assigned No. 2016-103. 145575 - Amos -Morrissey that "Resolution approving a schedule of fees and penalties for Article E of Chapter 3, Sewer Regulation, of title 8, Public Utilities", be adopted. Mayor Hart asked for an overview. John LaPointe, Interim Waste Management Superintendent, stated that a workshop was' held a couple of weeks ago and this resolution would set a schedule of "fees for routine,.inspection of food service establishments. He also stated that the resolution also sets penalties for offenses. Mr. Jacobs questioned the scope of this program. John LaPointe explained that the F.O.G. program is within the requirement of the consent decree "required by the EPA which states that the city must have a CMOM Program. Mr. Jacobs then asked what entities would be subjected to this fee structure. John LaPointe stated that this will impact food service establishments. Mr. Jacobs then asked for Mr. LaPointe's idea of who would be involved and if a church would be subject? John LaPointe stated that most churches would not fall under this program. Mr. Jacobs then questioned how often, fees would be paid and the length of time the program.would be in place. John LaPointe stated that the FSE would be inspected yearly until the program is discontinued. David Dryer, 3145 W. 4th Street, asked where the additional money program would come from. o fund the Michelle Weidner, .Chief Financial Officer-, stated that the balance of the cost will come from sewer fees, which are paid for by citizens who use city sewer services. Mayor Hart clarified that funding will not come from the general fund. Mr. Lind questioned if there is support to move the 50 dollar fee to phase of the process in order to make the annual inspection at no they are found in violation that they are then fined. Mr. Morrissey stated $100,000 would have to come out of sewer fees. the penalty "cost and if John LaPointe added, as a point of information, that the program would have to collect samples at each location and send those samples to a lab to determine if they are out of compliance. With a cost of $40-$80 per sample, the cost of the program would increase greatly. Currently, the use of a sludge judge and visual determination are initial tools used by the program to judge compliance. If the inspector determines an issue of non-compliance then a sample is collected and sent to the lab. February 8, 2016 Page 5 Mr. Jacobs stated that he believes the fee is unfair to the small family restaurants and then recommended using a graduated fee scale based on the size of the business. John LaPointe "stated that they have considered different fee schedules and as a result of that consideration they have determined that a low fee that would cover internal costs was most equitable. He also stated that they are open to suggestions for other ways -Co establish fees,. Mr. Schmitt questioned what the goal of the F.O.G. program was initially?, To reduce the F.O.G.?And'wherewas the money, for the program coming from. John LaPointe stated that the overall goal of the F.O.G., as a 1part of the CMOM program, was to reduce bypass and overflows. An ordinance was passed and a resolution was prepared with fees and was halted. Fewer backups are occurring and the -program has been successful to this point. He feels as though charges needed to be incorporated to help cover costs. Mr. Schmitt questioned whether this program would operate under certification. state or county John LaPointe stated that the Black Hawk County Health. Department would inspect under the provisions of the State of Iowa code. Mr. Schmitt questioned the changes affecting churches and daycares. John LaPointe stated that they are looking for a decision on the recommendation that, if you are regulated by the health department, then you are regulated by the F.O.G. program. He went on to say that they are working to identify a way to remove churches, daycares, and other small operations out of the F.O.G. program. Mr. Schmitt questioned if there was a way of knowing the impact of 290 facilities identified versus the impact of the residential areas in waterloo. John LaPointe stated that there is no way to differentiate them. Mr. Schmitt questioned the educational component of the program and if that education is taking place. John LaPointe agreed that there should be more education for regarding'putting grease down the drain. Mr. Schmitt asked for clarification of the funding of this program. homeowners Michelle Weidner, Chief Financial Officer, explained that the process for funding was never settled when the program was created. The 290 does not encompass the casual user. Churches with occasional dinners would be excluded since they do not have a license from the health department. Mr. Schmitt questioned how 290 licenses times 50 dollar inspection would cover the program. Michelle Weidner stated that this is a hybrid in which heavier users will pay $50 per inspection and then sewer fees are incorporated which covers all residents. John LaPointe added that they took into consideration revenue from grease haulers who dump: in the lagoon system at Waste Management. Steve Murphy 124 Terrace Drive, spoke in opposition to the resolution. Mr. Morrissey questioned the effectiveness of the grease traps installed and if televising of drains would help catch those that are not licensed. John LaPointe stated televising is conducted and if someone was discharging large amounts of F.O.G. the televising crews could catch the excess FOG. There are ways to catch individual homeowners or business owners alike. Mark Pregier, 1729' Falls Avenue, Black Hawk Landlord Association, asked council to keep in mind the inequity of fees the city is already charging property owners for- rental units, various property code violations, etc. and the fees being proposed within this program. Mayor Hart questioned the direction council would like to take with the resolution. Mr. Morrissey stated his belief that $50.00 is less than a dollar per week and is in favor of the resolution as it stands now. February 8, 2016 Page 6 Mr. Welper stated his belief that this item needs more discussion and motions to table for a few weeks in order for council to have a work session and further .discuss fees. Mayor Hart asked for clarification on the timetable for tabling. Mr. Welper suggested item be tabled indefinitely. Mr. Morrissey encouraged council to make a decision and vote on this item. Mayor Hart stated his belief that Council desires more engagement on the matter. 145576 - Welper/Lind A to table "Resolution approving a schedule of fees and penalties for Article E of Chapter 3, Sewer Regulation, of title 8, Public Utilities", indefinitely. Roll call vote: Ayes Six. Nays: One. (Morrissey) Motion carried. 145577 - Schmitt/Welper that "Resolution approving the request by Deer Creek Development, LLC -for the 4- lot Preliminary 'Plat of Greenbelt Centre Plat No. 7, located at the northwest corner of Greyhound Drive and Sergeant Road", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2016-104. ORDINANCES 145578 - Welper/Schmitt 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 Tom Taylor for a site plan amendment to the "R -4,R -P" Planned Residence District to allow for the construction of a 7,600 SF veterinary clinic with ad outdoor dog exercise area, located to -the south of 4015;Hurst Drive", be considered and passed for the second time. Roll call vote -Ayes: Seven.: Motion carried. '145579 - Welpery/Schmitt that' rules requiring ordinances to be'considered and voted for passage at two prior, meetings be suspended. Roll call vote -Ayes: Two. Nays: Five (Jacobs, Jones, Lind, Amos, Schmitt). Motion failed. Mr. Schmitt questioned the time sensitivity of this -project. Dr. Tom Taylor., 974 Home'Plaza, stated that the plan was to secure property and then work with the Planning & Development Department on a development agreement. He then stated that they are looking to have that step completed next week and the project is right on schedule. 145580 - Morrissey/Schmitt ,that "ah Ordinance amending the 2007 Code of Ordinances, Section 2, of Article E, Definitions, of Chapter 3, Sewer Regulations, of Title 8, Public Utilities by striking the current provisions thereof and substituting a new definition of 'Food Service Establishment or FSE", be received, placed on file, considered and passed for the first time.., John LaPointe, Interim Waste Management Superintendent, stated that revise the definition of a food service establishment (FSE). Mr. Schmitt questioned the anticipated number of participants this would Bob Lentzkow, City of Waterloo F.O.G. Inspector, stated that the initial list obtained included 500-600 restaurants and many were double entries by the Health Department due to the various licenses required by them for food service establishments. He then state that, he has worked to narrow down the list to single entries for each FSE. Originally, that list included 341 FSEs but, with businesses closing/going out of business, it is now down to 290. John LaPointe- added that the Original list obtained from the Health may have included businesses business such as food service trucks hookup which would not be included on the final list. Department without sewer February 8, 2016 Mr. Schmitt asked for clarification that churches were originally in the program. Page 7 incorporated John LaPointe stated that there was language in the current city ordinance's that do include churches. Michelle Weidner, Chief Financial Officer, explained that the city originally didn't have a list. She then recognized the work done by the F.O.G. inspector to establish a more accurate list for the city to use in conjunction with this program giving the city better information to work with. Mayor Hart stated that we are going to work from a state -established list of types of businesses affected by this. 'Bob Lentzkow, City of Waterloo F.O.G. Inspector, stated that convenience stores, restaurants, gas stations, box stores with food, bars with food, and schools are all places that have been inspected and are included on this list. Mr. Morrissey expressed concern with the way the ordinance is written. He ,believes that a line should be added to =generally include those establishments not specifically listed within the ordinance for the purpose of enforcing the ordinance in: cases of violation by an establishment not listed. Mayor Hart questioned the'restrictiveness of the ordinance. John LaPointe stated that 'there could be establishments not included on the ,Health Department's list that could be emitting F.O.G. City Code (Chapter 3, Article C, 8-3C-1, Prohibited Discharges) outlines prohibited discharges and gives the city the authority to go after violators and he believes F.O.G. is covered in that ordinance. Mayor Hart questioned if Mr. Morrissey''s recommended additions are necessary. John LaPointe agreed that the additions may be beneficial but discussed further. Mr. Lind questioned if the city attorney has looked at the ordinance. Dave Zellhoefer, City Attorney,, stated that the ordinance is legal voted upon,if council chooses to do so. Mr. Schmitt clarified the purpose of tabling the ordinance. should be and can 145581 - Welper/Schmitt Motion to table indefinitely. Roll Call Vote. Ayes: Seven. 'Motion carried. OTHER COUNCIL BUSINESS 145582 - Lind/Schmitt to -approve Change Order L in the amount of $15,009.75 to Peters Construction of A Waterloo, IA, in conjunction with the Waterloo Center for the Arts Schoitz Room Renovation and authorize Mayor to execute said document. Voice vote -Ayes: Seven. ,Motion carried. Mr. Schmitt questioned if the change order is an increase. Craig Clark, Building Official, stated that it is an increase. ORAL PRESENTATIONS 145583 - Welper/Schmitt Forest Dillavou, 1725 Huntington Rdad, requested additional time to speak regarding council business. January 28, 2016 some members of council held' a meeting for a'ward and he and another land owner were told they could not attend the meeting. Jim Chapman, West Central Neighborhood to their meeting every Thursday. • x Steve Murphy, 124 Terrace Drive, process. Association, invited everyone to attend criticized the City .of Waterloo's budget Mayor Hart stated that he has had communication with council on how to start the budget processes sooner: He said that hearings will be tel'evised. , In the future he hopes to make the process faster. February 8, 2016 John Sherbin, 1715 Robin Rd., questioned the need recommended making doors to council chambers handicap accessible. Page` 8 for ice machines and Mark Pregler, 1729 Falls Ave., Black' Hawk County Landlord Association, has worked with council on several ordinances and spoke regarding comments made by Forest Dillavou. Bruce Kayser, 500 Sycamore St., thanked Street Department and road crews for their snow'clearing efforts. Thanked female police officer for helping him get to his destination and noted a sidewalk needed to be cleared. George Marshall, 316 Walnut Street, asked that 519 East 3rd Street be boarded up. He witnessed someone living in ,the house and that humans and 'animals had defecated in the home. Mayor Hart instructed Noel Anderson or Dave Zellhoefer to take a property located at 519 East 3rd Street.. look at the Mr. Schmitt as -ked for the city attorney to give update on open meetings. Dave Zellhoefer, City Attorney, Stated that he does not ;have all of the information but meetings should be open unless council is in closed session. that the above oral comments be received and placed on file. Seven. Motion carried. ADJOURNMENT' 145584 - Welper/Schmitt that the Council adjourn at 6:55 p.m. Voice vote -Ayes: Seven. e F Voice vote -Ayes: Motion carried. Kelley Fel Deputy Cit 4 Clerk