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HomeMy WebLinkAboutMinutes-3/16/2015March 16, 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, March 16, 2015. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt (arrived at 5:32), Lind, Welper, and Hart. Absent: Morrissey. Moment of Silence. Pledge of Allegiance: Larry Smith, Superintendent of Waste Management Services. 144264 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, March 16, 2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Five. Motion carried. 144265 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, March 9, 2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Five. Motion carried. CONSENT AGENDA 144266 - 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 March 16, 2015, in the amount of $1,858,841.63, 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. 2015-189. 2. Resolution approving request of Jameson's Public House, 310 East 4th Street, to close the 300 block of E. 4th Street for Jameson's St. Patrick's Day celebration on March 17, 2015 from 6:00 a.m. to 12:00 midnight. Resolution adopted and upon approval by Mayor assigned No. 2015-190. 3. Resolution approving request of the Screaming Eagle American Bar & Grill, 228 East 4th Street, to close the 600 block of Lafayette Street every Thursday between April 30 and October 31, 2015 from 5:00 p.m. to 11:00 p.m., and for a variance to the Noise Ordinance including a band and the use of a PA system. Resolution adopted and upon approval by Mayor assigned No. 2015-191. 4. Resolution setting date of public hearing as March 30, 2015 to approve request of BCS Properties, LLC to rezone 0.63 acres from "A-1" Agricultural District to "C-2" Commercial District for the purpose of constructing a new multi -use commercial building on the property, located west of 1850 W. Ridgeway Avenue; and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2015-192. 5. Resolution setting date of public hearing as March 30, 2015 to approve the request of Green Acres Storage, LLC for a site plan amendment to the "C -P" Planned Commercial District for the purpose of constructing a new indoor storage facility, generally located north of 233-235 Fisher Drive; and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2015-193. 6. Resolution setting date of public hearing as March 30, 2015 to enter into a Development Agreement with BCS Properties, LLC for the construction of an approximately 15,000 SF commercial building; and authorize the sale and conveyance of City -owned property located at 1850 West Ridgeway Avenue in the amount of $1.00. Resolution adopted and upon approval by Mayor assigned No. 2015-194. March 16, 2015 Page 2 7. Resolution setting date of bid opening as Thursday, March 26, 2015 and public hearing and bid reading as March 30, 2015 to approve the 2015 Right of Way Mowing Contract and bid documents; and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2015-195. b. Motion to approve the following: 1. a b. c d. 2. a. b. c. d. e. f. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Lt. Payne, Sgt. INOA 2015 Annual West Des 3/24/15 - $1,356.00 Gehrke, Inv. Conference Moines, Iowa 3/26/15 X Girsch (Amended) Class B Beer, Outdoor Service Renewal 3/31/16 X Sgt. Rassmussen & Homicide Richmond, 3/29/15 - $836.00 Sgt. Duncan Investigation Kentucky 3/31/15 X Luke Even, 53rd Annual Arden Hills, 3/17/15 - $429.00 Forestry Foreman & Minnesota Shade Minnesota 3/18/15 Justin Lamprecht, Tree Short Course Park Maintenance II - Forestry Phillip Schuppert, International Lincoln, 3/23/15 - $355.00 Storm Water Erosion Control Nebraska 3/24/15 Specialist Association - Great Rivers Chapter Spring Conference Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Cedar Valley Golf Center, 1850 W. Ridgeway Avenue Special Class C Liquor, Outdoor Service New 10/31/15 X Hy -Vee #2, 2181 Logan Avenue Class B Wine, C Beer, E Liquor Renewal 3/23/16 X Panchero's Mexican Grill, 2845 Crossroads Blvd. Class B Beer, Outdoor Service Renewal 3/31/16 X South Hills Golf Course, 1830 E. Shaulis Road Class B Beer, Outdoor Service Renewal 3/31/16 X Sycamore Convenience, 619 Sycamore Street Class E Liquor, C Beer, B Wine Renewal 03/11/16 X Una Bar Restaurant, 910 W. 5th Street Class C Liquor New 03/09/16 X 3. Recommendation of appointment of Cameron Cook, from the Civil Service list, to the position of Code Enforcement Officer at the Waste Management Services Department effective March 25, 2015, pending pre-employment physical exam. Roll call vote -Ayes: Six. Items 1.b.l.a,c,d. Ayes: Five. Nays: One (Lind). Motion carried. PUBLIC HEARINGS 144267 - Schmitt/Hart that proof of publication of notice of public hearing on Parking Management Services, as published in the Waterloo Courier on March 4, 2015, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. Jim Walsh, Cedar Falls, spoke in support of hiring a parking management company to operate the parking and creating a separate entity to manage the finances for the parking operations. Mr. Schmitt spoke in support of hiring out the parking systems. Mr. Hart also spoke in support of outsourcing the system. 144268 - Schmitt/Hart March 16, 2015 Page 3 that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. 144269 - Schmitt/Hart that the "Resolution confirming approval of specifications, bid documents, etc.", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-196. 144270 - Schmitt/Hart that the "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-197. 144271 - Schmitt/Hart Motion to receive and file and instruct City Clerk to read bids and refer to City Clerk for review. Bidder System Parking, Inc. 111 E. Wacker Dr., Ste 1407 Chicago, IL 60601 ABM Parking Services Waterloo, IA Voice vote -Ayes: Six. Motion carried. RESOLUTIONS 144272 - Hart/Welper that "Resolution approving Methamphetamine Drug Hot Spots grant money as a sub - recipient from the Governor's Office of Drug Control Policy in the amount of $18,892.00, with no matching funds required, to provide overtime funds to assist in mid and high level methamphetamine investigations; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2015-198. 144273 - Hart/Welper that "Resolution approving award of contract to Aspro, Inc., of Waterloo, Iowa in the amount of $3,494,504.20; and approving the Contract, Bonds, and Certificate of Insurance for the F.Y. 2015 Street Reconstruction Program (Base Bid + Alternate A + Division II), Contract No. 873; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2015-199. 144274 - Hart/Welper that "Resolution approving Construction Plans for Paving, Sanitary Sewer, and Storm Sewer serving Audubon Heights Fifth Addition, 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 Mayor to execute said agreement", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2015-200. 144275 - Cole/Hart that "Resolution approving award of contract to Bruening Rock Products of Decorah, IA in the amount of $2.599 per ton with $5000 mobilization; and approving the Contract, Bonds and Certificate of Insurance for the FY2015 Salvaged Asphalt Crushing Project; and authorize Mayor to execute said documents", be adopted. Roll call vote -Ayes: Five. Nays: One (Lind). Resolution adopted and upon approval by Mayor assigned No. 2015-201. 144276 - Cole/Hart March 16, 2015 Page 4 that "Resolution approving the Workforce Housing Investment Program (WHIP)", be adopted. Roll call vote -Ayes: Six. Mr. Hart questioned how we will communicate to potential developers to let them know of the program. Aric Schroeder, City Planner, explained that the literature will be updates as well of the website. Mayor Clark explained that it is a State program and most are aware of the program. Mr. Schmitt questioned if there is a time issue as to why this needs to be passed tonight. Aric Schroeder, City Planner, explained that the next item on the agenda does have some timeliness issues and needs to move forward. The project cannot move forward without approval of the WHIP program. It is a new State program. Paul Moore, Hammond Hills Development, explained that the new program is needed to fulfill the development. Jim Walsh, Cedar Falls, explained that the City has used Enterprise Zone funding and now the State requires more to qualify. Resolution adopted and upon approval by Mayor assigned No. 2015-202. 144277 - Cole/Hart that "Resolution supporting the application by Hammond Hills Development LLC for the Iowa Workforce Housing Tax Incentives Program and approving a Workforce Housing Investment Program (WHIP) funding agreement to construct 52 new housing units located in Hammond Hills Sixth Addition", be adopted. Roll call vote - Ayes: Five. Nays: One (Lind). Resolution adopted and upon approval by Mayor assigned No. 2015-203. ORDINANCES 144278 - Hart/Welper that "an Ordinance amending the 2008 Traffic Code by amending section 551, Parking Prohibited at all times on certain streets, by deleting Section 208, Kimball Avenue, and inserting in lieu therof, a new (208) Kimball Avenue, both sides from Reber Avenue to the southerly corporate limits", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. 144279 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. 144280 - Hart/Welper that "an Ordinance amending the 2008 Traffic Code by amending section 551, Parking Prohibited at all times on certain streets, by deleting Section 208, Kimball Avenue, and inserting in lieu therof, a new (208) Kimball Avenue, both sides from Reber Avenue to the southerly corporate limits", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Ordinance adopted and upon approval by Mayor assigned No. 5269. 144281 - Schmitt/Hart that "an Ordinance amending the 2008 Traffic Code by amending section 553, No Parking Here to Corner, BY ADDING (35a) EAST 4TH STREET, WEST SIDE OF THE 2800 BLOCK IN A SOUTHERLY DIRECTION FROM EAST DONALD STREET", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. 144282 - Schmitt/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. 144283 - Schmitt/Hart March 16, 2015 Page 5 that "an Ordinance amending the 2008 TRAFFIC CODE BY AMENDING SECTION 553, NO PARKING HERE TO CORNER, BY ADDING (35a) EAST 4TH STREET, WEST SIDE OF THE 2800 BLOCK IN A SOUTHERLY DIRECTION FROM EAST DONALD STREET", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Ordinance adopted and upon approval by Mayor assigned No. 5270. 144284 - Welper/Hart that "an Ordinance amending City Ordinances, Chapter 3, Sewer Regulations, Section 8-3A-6 in conjunction with Sewer Rate Increase", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Six. Motion carried. 144285 - Welper/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Two (Schmitt, Lind). Motion failed. 144286 - Hart/Welper that "an Ordinance amending the 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING CHAPTER 3, ELECTRICAL REGULATIONS OF TITLE 9, BUILDING REGULATIONS, IN THEIR ENTIRETY; AND ENACTING IN LIEU THEREOF A NEW CHAPTER 3, ELECTRICAL REGULATIONS OF TITLE 9, BUILDING REGULATIONS", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Six. Motion carried. 144287 - Hart/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 (Schmitt,Lind). Motion failed. OTHER COUNCIL BUSINESS 144288 - Hart/Welper that Motion to approve Change Order #3 for a net decrease of $1,390.16 with Municipal Pipe Tool LLC of Hudson, Iowa in conjunction with Phase I - CIP Pipe Lining Project, Contract No. 866., be received, placed on file and approved. Voice vote -Ayes: Six. Motion carried. ORAL PRESENTATIONS Jerry Shatzer, expressed concern with the individuals not living in Waterloo. He thanked Mr. Hart for . He complimented Mr. Lind for and spoke nicely of Dan Trelka, Director of Safety Services. Forest Dillavou, 1725 Huntington Road, expressed concern with the lack of transparency for the budget. He asked how much was spent on the Sunnyside South lawsuit. Pat Burke, 130 Sabrina Circle, questioned if the rubble pit request at 63 North and Airline Hwy will come to the City Council. He distributed his comments. Aric Schroeder, City Planner, explained that it was a request for an extension and it was reviewed by the Planning and Zoning and denied by the Board of Adjustment. Bill Kammeyer, questioned how much money has been spent year-to-date on litigation. He asked Council to put lapel mics on. Mr. Schmitt congratulated Iowa State, University of Iowa, and Iowa State University. Mayor Clark announced that staff will be encouraged to wear their school colors on Thursday and Friday. Mayor Clark read an email from a Waterloo Police Seargant honoring the Waterloo Fire Department for their heroic actions during a fire over the weekend. 144289 - Hart/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. ADJOURNMENT March 16, 2015 Page 6 144290 - Hart/Schmitt that the Council adjourn at 6:09 p.m. Voice vote -Ayes: Six. Motion carried. Suzy Sc ares, CMC City Clark/Human Resource Director