HomeMy WebLinkAbout3/13/2017March 13, 2017
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 13, 2017. Mayor Quentin Hart in the Chair. Roll Call:
Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Absent: Mr. Jacobs
Prayer or Moment of Silence.
Pledge of Allegiance: Keith Kaspari, Airport Director
146149 - Welper/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, March 6, 2017, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Six. Motion carried.
146150 - Welper/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, March 6, 2017, at 5:30 p.m., and
the Minutes, as proposed, for the Special Session on Thursday, March 9, 2017, be accepted and
approved. Voice vote -Ayes: Six. Motion carried.
Mayor Hart read a Proclamation declaring March 2017 as Athletic Training Month.
Mayor Hart announced that a public informational meeting to discuss the University Avenue Project
at Waterloo Center for the Arts, 225 Commercial Street, Schoitz Conference Room, at 5:30 p.m. -
7:00 p.m. on Tuesday, March, 21, 2017.
Mr. Morrissey questioned if it would create a quorum if they attend the meeting.
Mayor Hart explained that four councilpersons could be present so long as they do not discuss city
business while attending the meeting.
Mr. Powers questioned if this is the only meeting that will take place.
Mayor Hart commented that this is the first meeting but others will be held in the future as well.
ORAL PRESENTATIONS
Joyce Wilder, 226 Bates, spoke regarding a code violation she received for a residence located at
2645 E. 0' Street, which she also owns. She explained that she did not agree with the citation her
tenant received for improper parking and vehicles that do not have license plates. She further
questioned how the citation process works and how citizens are to know what does and does not
constitute a violation. She further expressed concern for the quality of E. 4th Street between Walnut
and the railroad tracks.
Mayor Hart directed the City Attorney and City Engineer to contact Ms. Wilder tomorrow.
Eric Thorson, City Engineer, commented that E. 4`h Street to Saxon is being reconstructed this year
and Saxon to the tracks will be reconstructed next year.
Mr. Amos encouraged Ms. Wilder to reach out him with any issues.
Todd Obadal, 124 Amity Drive, commented that the city needs to make sure that it is responsible
and responsive regarding code enforcement matters. He further commented on his work to help
Deana Jolly on an encroachment agreement issue she is having with the city. He also thanked Mr.
Powers for talking with him regarding Deana Jolly's encroachment.
146151 - Welper/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion
carried.
CONSENT AGENDA
146152 - Welper/Powers
March 13, 2017 Page 2
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 13, 2017,
in the amount of $936,855.63 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. 2017-184.
2. Resolution approving preliminary plans, specifications, form of contract etc. and setting date
of bid opening as March 30, 2017, and date of public hearing as April 3, 2017, for the 2017
Spring Stump Removal Project, and instruct City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-185.
3. Resolution setting date of public hearing as March 27, 2017, to approve the request by
Michael Price to rezone 1955 Locke Avenue, (former Knights of Columbus), from "R-4",
Multiple Residence District and "R-2", One and Two Family Residence District, to "C-2",
Commercial District, for the reuse of the site as an events center.
Resolution adopted and upon approval by Mayor assigned No. 2017-186.
4. Resolution setting date of public hearing as March 27, 2017 for a request by CGA
Engineering on behalf of BCS Properties, LLC and GAC Real Estate, LLC to rezone
approximately 17.92 acres from "A-1", Agricultural District, and "M -2,P", Planned
Industrial District, to "C-2", Commercial District, for the purposes of developing a
commercial subdivision, located west of 1850 West Ridgeway Avenue, and instruct City
Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-187.
5. Resolution setting date of public hearing as March 27, 2017, for the request by Roger
Kalsem, for a site plan amendment to the "R -3,R -P", Planned Multiple Residence District, to
allow for the building of 88 single-family homes and 9 twin -homes, located east of 3308 Bay
Berry Drive, and instruct the City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-188.
6. Resolution approving cancellation of assessment for 312 Glendale Street, Certificate 565, in
the amount of $587.20, and authorize City Clerk to notify Black Hawk County Treasurer of
said cancellation.
Resolution adopted and upon approval by Mayor assigned No. 2017-189.
b. Motion to approve the following:
1.
a.
Travel Requests
Name & Title of
Amount
Personnel
Class/Meeting
Destination
ate(s)
not to
Exceed
Bob Osgood, Chief
IAPMO (IA
Waterloo, IA
March
$135.00
Plumbing Inspector
Plumbing &
31, 2017
Mechanical
Officials) Spring
2017 8 -hour
Mechanical
Continuing
Education
Sgt. Gehrke, Inv. Berry,
2017 Iowa
West Des
March
$2,178.00
Inv. Girsch and CFPD
Narcotic Officers
I Moines, IA
28-30,
March 13, 2017
d.
2.
Page 3
Gerzema
Association
Conference
(INOA)
Class
2017
Expiration
Up to 12 Waterloo
2017 Inclusion
Washington,
May 12-
$4,000.00
Police Officers
and dedication of
D.C.
15, 2017
2/27/2018
X
P.O. Adam Liddle
w/Outdoor Service
at the National
C Liquor
Renewal
2/13/2018
X
Law Enforcement
Officers
C Liquor
Renewal
1/31/2018
X
Memorial
w/Outdoor Service
Keith Kaspari, Director
Air Service
Chicago, IL
March
$395.00
of Aviation
Workshop /
C Beer
30-31,
10/14/2017
Meeting
2017
Approved Beer, Liquor, and Wine Applications
Name & Address of
Class
New or
Expiration
Includes
Business
Renewal
Date
Sunda
Packers Inn, 201 Rath Street
C Liquor
Renewal
2/27/2018
X
w/Outdoor Service
Tokyo Japanese Steakhouse,
C Liquor
Renewal
2/13/2018
X
1931 Sears Street
Wishbone, 201 W. 18th
C Liquor
Renewal
1/31/2018
X
Street
w/Outdoor Service
/ Catering
Tobacco Outlet Plus #500,
C Beer
Renewal
10/14/2017
1803 La Porte Road
*OWNERSHIP UPDATE*
National Dairy Cattle
C Liquor
Renewal
2/28/2018
X
Congress, 250 Ansborough
Avenue
Legends Sports Grill, 118
C Liquor
Renewal
1/21/2018
X
Commercial Street
w/Outdoor Service
Hometown Foods, 1010 E.
B Wine / C Beer / E
Renewal
3/9/2018
X
Mitchell Avenue
Liquor
Buzz's Bar, 1016 Maynard
C Liquor
Renewal
3/14/2018
X
Avenue
w/Outdoor Service
Babes Tab, 210 Division
C Liquor
Renewal
3/14/2018
Street
4. Cigarette/Tobacco Permit New Application for Texas Street Mart, 4335 Texas Street.
5. Cigarette/Tobacco Permit New Application for A & Z Tobacco Outlet, 1109 E. 4th Street.
6. Bonds.
Roll call vote -Ayes: Six. Motion carried.
PUBLIC HEARINGS
146153 - Schmitt/Amos
that proof of publication of notice of public hearing on FY 2017 Site Grading for Northeast
Industrial Park, Contract No. 926, as published in the Waterloo Courier on February 27, 2017, 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 objections.
David Dryer, 3145 W. 4th Street, questioned if this is being paid for through TIF Funds.
Mayor Hart confirmed.
146154 - Schmitt/Amos
March 13, 2017
Page 4
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote -Ayes: Six. Motion carried.
146155 - Schmitt/Amos
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-190.
146156 - Schmitt/Amos
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-191.
146157 - Schmitt/Amos
Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review.
Bidder
Bid
Bid Amount
Total
Security
Engineer's Estimate
Engineer's Estimate
Engineer's Estimate
$893,231.80
$598,443.00
$1,491,674.80
CJ Moyna & Sons
5%
$1,369,362.50
$783,985.60
$2,153,348.10
Elkader, IA
J.B. Holland
$699,651.52
$474,287.03
$1,173,938.55
Construction
5%
Decorah, IA
Peterson
$572,995.90
$393,711.30
$966,707.20
Contractors, Inc.
5%
Reinbeck, IA
Baker Concrete &
$589,041.50
$381,048.10
$970,089.60
Excavating
5%
Waverly, IA
Vieth Construction
$757,366.05
$528,258.30
$1,282,624.35
Corp.
5%
Cedar Falls, IA
Voice vote -Ayes: Six. Motion carried.
RESOLUTIONS
146158 - Lind/Morrissey
that "Resolution approving an Encroachment Agreement with BW Gas & Convenience Real Estate,
LLC to replace a 10 ft. x 4 ft. sign cabinet on an existing 20 ft. pole that encroaches 5.14 ft. into the
public right-of-way, located at 1976 Franklin Street", be adopted. Roll call vote -Ayes: Six. Motion
carried.
Mayor Hart requested information on the item.
Noel Anderson, Community Planning and Development Director, explained the terms of the
encroachment agreement for the sign.
Resolution adopted and upon approval by Mayor assigned No. 2017-192.
146159 - Lind/Morrissey
that "Resolution approving Supplemental Agreement No. 1 with AECOM for a net increase of
$157,500.00, for the FY 2017 Phase IIIA CIPP Lining Project and FY 2017 Phase IIIB Remedial
March 13, 2017
Page 5
Actions Design and Bidding Services Project, Contract No. 919", be adopted. Roll call vote -Ayes:
Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-193.
146160 - Welper/Morrissey
that "Resolution awarding contract to R & D Lawn Care, LLC of Waterloo, Iowa, in conjunction
with the 2017 Complaint Mowing with Complaint Snow Removals, Option A $25.00 per
occurrence, Option B $23.33 per occurrence, Option C $30.00 per man hour, Option D $45.00 per
acre, Option E $25.00 per man hour, and approving the bonds and certificate of insurance", be
adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-194.
146161 - Welper/Morrissey
to approve final quantity adjustment for a net decrease of $3,769.95 for the FY 2015 Cunningham
School Safe Routes to School Project, Contract No. 851 and authorize the Mayor and City Clerk to
execute said document. Roll call vote -Ayes: Six. Motion carried.
146162 - Amos/Lind
that "Resolution approving Completion of Project and Recommendation of Acceptance of Work
Performed by Mike Dolan Concrete & Masonry Inc., of Waterloo, Iowa, at a total cost of $63,224.60
for the FY 2015 Cunningham School Safe Routes to School Project, Contract No. 851", be adopted.
Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-195.
146163 - Amos/Lind
that "Resolution approving agreement with Waterloo Water Works for Water Main Replacements in
conjunction with FY 2017 Street Reconstruction Program, Contract No. 921 and authorize Mayor
and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-196.
146164 - Amos/Lind
that "Resolution approving award of contract to Benton's Sand & Gravel, Inc., of Waterloo, Iowa in
the amount of $42,375.00, and approving the contract, bonds, and certificate of insurance for the FY
2017 Leisure Services Sanitary Sewer Extension Project, Contract No. 925, and authorize Mayor and
City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-197.
146165 - Morrissey/Powers
that "Resolution supporting the collective bargaining rights of City of Waterloo employees", be
adopted. Roll call vote -Ayes: Four. Abstentions Two (Lind and Schmitt — Schmitt stated he does
not believe the city council is the correct forum for the content of the resolution). Motion carried.
Mayor Hart requested that Mr. Morrissey or Mr. Amos provide an explanation of the resolution they
asked to have placed on the agenda.
Mr. Morrissey explained the purpose of the resolution and read the resolution.
David Dryer, 3145 W. 4th Street, questioned how many councilpersons have received money from
unions to support their campaign and expressed dissatisfaction that council persons would get
involved in the matter.
Tom Ralston, 230 Maryland and President of UAW, encouraged council to support the resolution.
March 13, 2017
Page 6
Jerry Hageman, 3052 San Salvador Drive, expressed support for the resolution because workers
have been attacked and that it would be good to have local support for workers.
Joel Shephard, 4373 W. 0' Street, commented that the legislature has taken away their rights for
bargaining.
Dan McDonald, Teamsters Representative, and resides at 1422 Iowa Street, Cedar Falls, expressed
support for the resolution and commented that the city council has final approval on bargaining
contracts and that he believes that everyone should have a voice when negotiating their wages.
Todd Obadal, 124 Amity Drive, commented that he is in support of local control and that local
issues need to be discussed at the local level, he further stated that he believes that the resolution is a
distraction and that the city needs to clean up its own issues and expressed dissatisfaction that an
item considering returning recycling funds was not placed on the agenda.
Mayor Hart clarified that the item Mr. Obadal referenced was not placed on the agenda because the
councilperson in support of the consideration of recycling was not able to be present.
Forest Dillavou, 1725 Huntington Road, spoke against the item and that employees should not be
replaced after retirement.
Tony Pauley, 402 Crestridge Drive, spoke in support of the item and commented that the city could
not complete what needs to be done if vacant positions are not filled.
Jim Chapman, 224 Bertch, commented that the levy rate is too high and is a former UAW member at
John Deere and John Deere employees are doing more with less and city employees should as well.
John Sherbon, 1715, Robin Road, commented that city employees are great people and that good
people need to be paid well to keep them around but questioned if the city could get sued for passing
the resolution.
Mr. Amos commented explained that the resolution is stating that the employees of City of Waterloo
are supported by the city council.
Mr. Powers commented that he supports the resolution and that he wants to send a message to
employees that the council supports the employees.
Mr. Schmitt commented that he believes the city has great employees and he himself is a former
union member. He further commented that he believes this is an inappropriate place to have the
discussion and enjoys that the city council level is supposed to be nonpartisan but it has become
more political overtime. He further commented the resolution sends a message that City of Waterloo
can do as it pleases and he has heard from legislators that cities are not able to manage budgets
effectively.
Mr. Morrissey commented that he believes collective bargaining is a right that should not be
infringed upon by another governmental body.
Resolution adopted and upon approval by Mayor assigned No. 2017-198.
146166 - Morrissey/Amos
that "Resolution regarding Iowa House Study Bill 91 and 92, and House File 295, etc.", be adopted.
Roll call vote -Ayes: Four. Abstentions Two (Lind and Schmitt — Schmitt reiterated this should be
dealt with at the state level, not at the city level). Motion carried.
Mr. Morrissey read the resolution and noted that an explanation for the collective bargaining
restrictions included a statement that the bills in the resolution on the table eliminate local control.
Resolution adopted and upon approval by Mayor assigned No. 2017-199.
ADJOURNMENT
March 13, 2017
146167 - Welper/Amos
Page 7
that the Council adjourn at 6:30 p.m. Voice vote -Ayes: Six. Motion carried.
- WIA wp, �6,
elley Fe hle
City ClerkAl