HomeMy WebLinkAboutMinutes- 3/20/2017March 20, 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 20, 2017. Mayor Quentin Hart in the Chair. Roll Call:
Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper.
Prayer or Moment of Silence.
Pledge of Allegiance: Mark Rice, Public Works Director
146168 - Welper/Schmitt
that the Agenda, as amended, to change Items #1.B.2.b,c,f,g,h,I,j,k,l to read "Includes Sunday", for
the Regular Session on Monday, March 20, 2017, at 5:30 p.m., be accepted and approved. Voice
vote -Ayes: Seven. Motion carried.
146169 - Welper/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, March 13, 2017, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
Mery Hilpipre, Hilpipre Auction Company of Cedar Falls, requested a contract to auction surplus
equipment for the City of Waterloo. He further provided a handout explaining his services.
Jerry Schatzer, 1829 W. 7t' Street, commented that he believes that government needs to work
smarter and not harder, that education is important, and that high taxes have a negative impact on
businesses.
David Dryer, 3145 W. 4t' Street, explained that American Legion Post #138 is wondering if they can
use parking at the old flea market site.
146170 - Welper/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried. Mr. Lind commented that travel requests from last week show two accounts that have
balances and that an opportunity exists to lower expenditures.
CONSENT AGENDA
146171 - 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 March 20, 2017,
in the amount of $2,433,904.32 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. 2017-200.
2. Resolution setting date of public hearing as April 3, 2017, for the sale and conveyance of city
owned property located at 718 Kern Street to Leeca Jones with a purchase price of $80,000
and down payment assistance of $10,000 using HOME funds and instruct City Clerk to
publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-201.
3. Resolution setting date of public hearing as April 3, 2017, to approve an amendment to the
City of Waterloo Zoning Ordinance No. 5079 to update multiple sections including changes
for reference to billboard and off -premise advertising, residential fence coverings, regulations
for recreational uses including both indoor and outdoor recreational uses, changes to the
March 20, 2017 Page 2
floodway regulations for reference to drainage and detention facilities, and changes to the
regulations for wireless communication facilities, and other miscellaneous updates.
Resolution adopted and upon approval by Mayor assigned No. 2017-202.
4. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date
of bid opening as April 6, 2017 and date of public hearing as April 10, 2017, for the FY 2017
Street Reconstruction Program, Contract 921, and instruct City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-203.
5. Resolution re -setting date of bid opening as March 30, 2017 and date of public hearing as
April 3, 2017 for the replacement of fuel pump dispensers at the City fuel distribution site
and instruct City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-204.
b. Motion to approve the following:
1.
2.
a.
L�
C.
e.
f.
R
Travel Requests
Name & Title of
Class
New or
Expiration
Amount
Personnel
Class/Meeting
Destination
Date(s)
not to
The Winning Edge, 341
C Liquor
Renewal
1/27/2018
Exceed
Craig Billerbeck, Lab
Submersible Pump
Kirkwood
March 6,
$135.00
Tech (AMENDED)
& Control Panels
Community
2017
X
University Avenue
College, Cedar
*OWNERSHIP UPDATE*
Rapids, IA
Bob Lentzkow,
Residential Builder
Coralville, IA
(April
$199.00
Combination Inspector
Inspector Exam
13, April
*OWNERSHIP UPDATE*
26, or
May 2)
Officers Moore,
Group Crisis
Des Moines,
April 5-
$1,160.0
Scarbrough, Galbraith,
Intervention
IA
6, 2017
0
Schaaf, Frien and
Training
Northu
Inv. Sadd
(LEIN) Law
Ankeny, IA
April 3-7
$492.00
Enforcement
and
Intelligence
April 10 -
Network Course
14, 2017
Chief Treloar and 2
Regional EMS
Des Moines,
April 18-
$960.00
Medical Officers
Billing &
IA
19, 2017
Documentation
Conference
Chief Treloar
Iowa Professional
Ames, IA
April 4-
$170.00
Fire Chief s
6, 2017
Conference
Mayor Quentin Hart
Air Service
Chicago, IL
March
$440.00
Workshop/Meeting
30-31,
2017
Approved Beer, Liquor, and Wine Applications
Name & Address of
Class
New or
Expiration
Includes
Business
Renewal
Date
Sunda
The Winning Edge, 341
C Liquor
Renewal
1/27/2018
X
Fletcher Avenue
Walgreens #03590, 3910
E Liquor
New
6/17/2017
X
University Avenue
*OWNERSHIP UPDATE*
Walgreens #10855, 1850
E Liquor
New
6/17/2017
X
Logan Avenue
*OWNERSHIP UPDATE*
March 20, 2017
Page 3
South Hills Golf Course,
B Beer w/Outdoor
Renewal
3/31/2018
X
1830 E. Shaulis Road
Service
New Star, 1309 Lafayette
B Wine / C Beer / E
Renewal
3/31/2018
X
Street
Liquor
Kwik Star #380, 506 W. 9th
C Beer
Renewal
11/18/2017
X
Street *OWNERSHIP
UPDATE*
Kwik Star #715, 1636 W.
C Beer
New
7/29/2017
X
4th Street *OWNERSHIP
UPDATE*
Kwik Star #724, 1105 Cedar
C Beer
New
7/21/2017
X
Bend Drive *OWNERSHIP
UPDATE*
Kwik Star #723, 707
C Beer
New
7/21/2017
X
Broadway Street
*OWNERSHIP UPDATE*
Kwik Star #722, 1214
C Beer
New
7/21/2017
X
Franklin Street
*OWNERSHIP UPDATE*
Kwik Star #229, 1717 E. San
C Beer
New
9/25/2017
X
Mannan Drive
*OWNERSHIP UPDATE*
Kwik Star #732, 324
C Beer
New
7/21/2017
X
Fletcher Avenue
*OWNERSHIP UPDATE*
El Senor Tequila Nightclub
C Liquor
Renewal
2/28/2018
X
w/Outdoor Service
Jim Lind Standard Service,
C Beer
Renewal
4/6/2018
X
230 E. Ridgeway Avenue
Dollar General Store #4698,
B Wine, C Beer
Renewal
2/28/2018
X
2935 Logan Avenue
Sycamore Convenience,
B Wine / C Beer / E
Renewal
3/11/2018
X
617-619 Sycamore Street
Liquor
3. Exception to Burning Yard Waste Application for Hawkeye Community College to burn
approximately 9.5 acres of prairie grass between March 20 and May 10, 2017.
4. Exception to Burning Yard Waste Application for George Wyth State Park to burn 15 acres of
prairie grass between Wyth Lake and Main Park Road.
5. Exception to Burning Yard Waste Application for Bill & Marcia Dedic to burn prairie and
native grasses on approximately 1/2 acre between March 13 and April 17, 2017.
Roll call vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
146172 - Schmitt/Amos
that proof of publication of notice of public hearing on the FY2017 Highland Park Playground
Project, as published in the Waterloo Courier on March 3, 2017, 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.
146173 - Schmitt/Amos
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
146174 - Schmitt/Amos
March 20, 2017
Page 4
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-205.
146175 - Schmitt/Amos
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-206.
146176 - Schmitt/Amos
Motion to receive and file and instruct City Clerk to read bids and refer to Leisure Services Director
for review.
Engineer's Estimate: NTE $45,000
Bidder
Bid Security
Bid Amount
Opt. 1- $45,000
Boland Recreation
5%
Opt. 2 - $45,000
Marshalltown, IA
Opt. 3 — No Bid
Opt. 1 - $39,210
Fry & Associates
5%
Opt 2 - $45,000
North Kansas City, MO
Opt 3 - $43,326
Opt. 1 - $44,921.76
Cunningham Recreation
5%
Opt. 2 - $44,934.63
Charlotte, NC
Opt. 3 - $44,855.86
Opt. 1 - $45,000
Play Power
5%
Opt. 2 - $45,000
Monroe, IA
Opt. 3 — No Bid
Voice vote -Ayes: Seven. Motion carried.
Public hearing on the replacement of fuel dispensers at City fuel site was cancelled due to timing
constraints, and will be rescheduled for a later date.
146177 - Morrissey/Welper
that proof of publication of notice of public hearing on the sale and conveyance of city owned
property, located at 1003 Lafayette Street, through the Neighborhood Stabilization Program, to Iowa
Heartland Habitat for Humanity in the amount of 130,000.00, as published in the Waterloo Courier
on March 10, 2017, 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.
146178 - Morrissey/Welper
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
146179 - Morrissey/Welper
that "Resolution authorizing sale and conveyance of 1003 Lafayette Street to Iowa Heartland Habitat
for Humanity, in the amount of $130,000, and authorize the Mayor and City Clerk to execute all
necessary documents, and rescinding Resolution No. 2017-127, originally approved on February 20,
2017", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
March 20, 2017 Page 5
Mr. Lind questioned how the price for the home was determined.
Rudy Jones, Community Development Director, explained that the bid process was opened to
contractors via publication in the paper and direct solicitation. The costs increased once on site. The
sale price is determined by appraisal and the Federal Government would not allow it to be sold for
more than the appraisal price.
Mr. Jacobs questioned the appraised value of the home.
Rudy Jones explained the appraised value of the home is $130,000.
Resolution adopted and upon approval by Mayor assigned No. 2017-207.
146180 - Welper/Morrissey
that proof of publication of notice of public hearing on the FY 2017 4th Street Bridge Canopy
Repairs, Contract No. 910, as published in the Waterloo Courier on March 6, 2017, 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.
David Dryer, 3145 W. 4t' Street, questioned if the bids are written for "Not to Exceed", or are they
open for additional work. He suggested the city request bids for "Not to Exceed", which will help to
control costs for both the city and the public.
Tavis Hall, Main Street Waterloo 212 E. 4t' Street, expressed support for moving forward with the
proj ect.
146181 - Welper/Morrissey
that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
146182 - Welper/Morrissey
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll -call vote -Ayes: Five. Nays: Two. (Lind and Schmitt) Motion carried.
Mr. Lind questioned if the Davis Bacon Act applies to the project.
Mayor Hart stated that it does not.
Mr. Schmitt commented that he has heard from many people that are opposed to the canopy project
and expressed dissatisfaction with the media for their one sided coverage of the issue. He further
stated that the money proposed for the project will not fix the bridge but only put band-aids on
further needed repairs.
Resolution adopted and upon approval by Mayor assigned No. 2017-208.
146183 - Welper/Morrissey
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Five. Nays: Two (Lind
and Schmitt) Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-209.
146184 - Welper/Morrissey
Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review.
Engineer's Estimate:
March 20, 2017
$1,381,717.00 Base
$1,730,117.00 Base + Alt 1
$1,546,517.00 Base + Alt 2
Bidder
Bid Security
Bid Amount
Base: $1,287,268
Boulder Contracting
5%
+Alt l: $1,531,148
Grundy Center, IA
+Alt 2: $1,450,768
Base: $1,277,313
Minturn, Inc.
5%
+Alt 1: $1,491,713
Brooklyn, IA
+Alt 2: $1,398,691
Base: $1,297,229.05
Peterson Contractors, Inc.
5%
+Alt l: $1,560,673.05
Reinbeck, IA
+Alt 2: $1,493,221.05
Base: $1,413,513
Cardinal Construction, Inc.
5%
+Alt 1: $1,782,281
Waterloo, IA
+Alt 2: $1,680,811
Voice vote -Ayes: Seven. Motion carried.
RESOLUTIONS
146185 - Amos/Welper
Page 6
that "Resolution approving the naming of a private street serving 1027 E 4th Street as "Roby Lane"",
be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-210.
146186 - Amos/Welper
that "Resolution approving submission of a grant application to the HUD office of Lead Hazard
Control and Healthy Homes, for a 3 -year grant in the amount of $2,719,813, with matching CDBG
Funds of $224,818", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-211.
146187 - Amos/Welper
that "Resolution accepting a grant from the Black Hawk County Gaming Association in the amount
of $500,000 for the Waterloo Boathouse Enhancements project, with $496,737 in matching funds
from the City of Waterloo', be adopted. Roll call vote -Ayes: Seven. Motion carried.
John Sherbon, 1750 Robin Road, encouraged the city needs to work to rent out the facility.
Mr. Morrissey explained that he had a citizen question where the funds would come from out of the
City of Waterloo budget.
Paul Huting, Leisure Services Director, explained that part of the match funding will be bonding,
FEMA reimbursement funds, and REAP Grant.
Mr. Morrissey explained that the citizen questioned what would keep this from being a reoccurring
flood hazard.
Paul Huting explained that it will include hardscape surfacing and will be designed to be flood
resistant.
Mayor Hart questioned the ability of the boat house to survive the recent flood event.
March 20, 2017
Paul Huting explained that the boathouse held up well with minimum repairs needed.
Mr. Jacobs questioned the appraised value of the project.
Paul Huting explained that a preliminary design and cost estimate was done several years ago.
Mr. Jacobs questioned if the cost estimate is still accurate.
Paul Huting confirmed and explained the process of the project going forward.
Resolution adopted and upon approval by Mayor assigned No. 2017-212.
146188 - Schmitt/Morrissey
Page 7
that "Resolution approving Construction Plans for Sanitary Sewer, Storm Sewer, and Paving Project,
serving the Audubon Hills First Addition Phase 1, and Sewage Treatment Agreement, DNR Form
28A (Sept 2010), and the final acceptance of construction plans, and authorize Mayor and City Clerk
to execute said documents", be adopted. Roll call vote -Ayes: Five. Nays: Two (Lind and Schmitt).
Motion carried.
Mr. Schmitt requested an overview of the item.
Eric Thorson, City Engineer, provided an overview of the item.
Mr. Schmitt asked if this was the new development between Audubon and Highway 20, or a
continuation of the development along Shaulis Rd.
Eric Thorson confirmed it is the development between Audubon and Highway 20.
Resolution adopted and upon approval by Mayor assigned No. 2017-213.
146189 - Schmitt/Morrissey
that "Resolution approving Memorandum of Understanding with Black Hawk County Board of
Supervisors and the City of Waterloo for a Lucas CPR machine", be adopted. Roll call vote -Ayes:
Seven. Motion carried.
Mr. Powers requested an overview of the item.
Pat Treloar, Fire Chief, explained the City of Waterloo was selected to receive the device with the
commitment that medical officers will attend training on the device that will occur in Waterloo.
Resolution adopted and upon approval by Mayor assigned No. 2017-214.
146190 - Lind/Schmitt
that "Resolution supporting the establishment of the "prevailing wage" or union wage on City of
Waterloo funded construction projects", be adopted. Roll call vote -Ayes: None. Nays: Seven
(Morrissey, Powers, Lind, Amos, Schmitt, Welper, Jacobs). Motion carried.
Mr. Lind read a quote outlining the purpose of the Davis Bacon Act. He further outlined the purpose
of bringing this resolution forward. He expressed that Waterloo should be the leader preserving the
high standard of living for the community; this act develops a productive workforce; it is well known
that high skilled workers provide a quality infrastructure product, more than low wage/low skilled
workers.
David Dryer, 3145 W. 4t' Street, commented that the resolution would increase the cost of city
projects and would eliminate non-union construction companies from receiving bids on projects.
John Mixdorf, Cardinal Construction 531 Commercial Street, explained how pricing would go up
with the passing of this resolution.
March 20, 2017 Page 8
Mr. Morrissey requested confirmation of the proposed wording in the resolution was accurate.
Mr. Lind confirmed.
Mr. Morrissey questioned if Mr. Lind considered putting the item in the form of an ordinance.
Mr. Lind commented that he did not.
Mr. Jacobs commented that he believes the resolution would drive up the cost of projects and is not
in the best interest of the city.
Mr. Amos commented that he researched the prevailing wage and that the resolutions passed last
week would be moot if this resolution is passed.
Mr. Powers commented that he believes that $15.00/hour is the prevailing wage and that Master
Builders took City of Des Moines to court in 1993 and the Supreme Court ruled in their favor since
it failed at the Supreme Court level as an ordinance.
Mr. Lind commented that several states have their own prevailing wage laws and Davis Bacon Act
applied to the Kimball Avenue project.
Mr. Powers commented that even with Davis Bacon Act the Kimball Avenue project still went by
the low bid.
Dave Zellhoefer, City Attorney, explained that in 1991 Des Moines enacted an ordinance exactly
what this resolution is trying to do, and it was challenged. The Iowa Supreme Court came down
pretty hard. They compared it with Iowa Code §384.99, which is the low competitive bid statute.
Cities have freedom to do a lot of things, but one thing a city cannot do is conflict with an already
established Iowa statute. And the Iowa Supreme Court found that the implementation of a prevailing
wage ordinance would, in fact, conflict with Iowa Code §384.99 and they very succinctly, it's
invalid. A city cannot do that, and the law remains on the books through the judiciary in the state of
Iowa. Other states may have a different viewpoint. Indiana has criticized the Iowa statute because
they're different. They do not have the same laws that Iowa does. There are 50 states and 50 sets of
laws, but right now, as it stands today, a city cannot have an ordinance for a prevailing wage in the
state of Iowa.
Mr. Schmitt commented he spoke to citizens that tax payers would ultimately suffer.
ORDINANCES
146191 - Morrissey/Amos
that "an Ordinance amending the 2007 City of Waterloo Code of Ordinances Chapter 4 - Plumbing
Regulations and Chapter 5 - Heating, Air Conditioning and Ventilation and the 2007 City of
Waterloo Code of Ordinances Chapter 3 - Electrical Code", be, placed on file, considered and passed
for the first time. Roll call vote -Ayes: Seven. Motion carried. Motion placed on the agenda in
error.
146192 - Morrissey/Amos
that "an Ordinance amending the 2007 City of Waterloo Code of Ordinances by repealing Chapter 4
- Plumbing Regulations and Chapter 5 - Heating, Air Conditioning and Ventilation in their entirety,
and enacting in lieu thereof, a new Chapter 4 — Plumbing Regulations, and Chapter 5 — Electrical
Code and amending the 2007 City of Waterloo Code of Ordinances by repealing Chapter 3 -
Electrical Code in its entirety, and enacting in lieu thereof, a new Chapter 3", be received, placed on
file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried.
146193 - Morrissey/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Seven. Motion carried.
Mr. Schmitt questioned the urgency of the item.
March 20, 2017
Page 9
Noel Anderson, Community Planning and Development Director, confirmed the item has been
thoroughly vetted. Noel explained there is no urgency to pass all readings tonight, however in doing
so, it would make things easier for contractors to know which code to follow with the current
projects.
146194 - Morrissey/Amos
that "an Ordinance amending the 2007 City of Waterloo Code of Ordinances by repealing Chapter 4
- Plumbing Regulations and Chapter 5 - Heating, Air Conditioning and Ventilation in their entirety,
and enacting in lieu thereof, a new Chapter 4 – Plumbing Regulations, and Chapter 5 – Electrical
Code and amending the 2007 City of Waterloo Code of Ordinances by repealing Chapter 3 -
Electrical Code in its entirety, and enacting in lieu thereof, a new Chapter 3", 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. 5392.
OTHER COUNCIL BUSINESS
146195 - Welper/Morrissey
that motion to approve Change Order No. 6-1 for a net increase of $53,065.50 for the FY 2017
Bridge Repairs; 6th Street, 18th Street, and Ansborough Avenue, Contract No. 916, and authorize
the Mayor and City Clerk to execute said document. Voice vote -Ayes: Seven. Motion carried.
Mayor Hart requested clarification on the item.
Eric Thorson provided an overview of the changes incorporated in the change orders.
Jim Chapman, 224 Bertch, questioned if part of the money is going for a project that was completed
then three days later had to go back and do further repairs.
Eric Thorson explained that the repairs Mr. Chapman is referring to was for different work on 6th
Street.
David Dryer, 3145 W. 4th Street, questioned the repairs that will take place on Ansborough Avenue
in front of his house.
Eric Thorson commented that this does not pertain to this particular contract.
Mayor Hart requested that Mr. Dryer contact the Engineering Department to get information specific
to the location he is concerned about.
Mr. Schmitt questioned the rules regarding how council persons can add items to the agenda.
Mayor Hart explained that it will be discussed during codification.
ADJOURNMENT
146196 - Welper/Amos
that the Council adjourn at 6:28 p.m. Voice vote -Ayes: Seven. Motion carried.
YJ4/�A&`—
Kelley Fe hle
City Clerk