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HomeMy WebLinkAboutMinutes-04/03/2017April 3, 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, April 3, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Prayer or Moment of Silence: Rev. Daniel A. Voigt, Associate Pastor, Westminster Presbyterian Church. Pledge of Allegiance: Midwest High School Hockey League Champions, Waterloo Warriors. 146235 - Welper/Powers that the Agenda, as proposed, for the Regular Session on Monday, April 3, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 146236 - Welper/Powers that the Minutes, as proposed, for the Regular Session on Monday, March 27, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Hart read a Proclamation declaring April 2017 as Sexual Assault Awareness Month. Mayor Hart read a Proclamation declaring April 2 - 8, 2017, as Crime Victims' Rights Week. Mayor Hart read a Proclamation declaring April 2017 as Child Abuse Prevention Month. Mayor Hart read a Proclamation declaring April 2017 as Limb Loss Awareness Month. Mayor Hart recognized the Waterloo Warriors, 2017 Midwest High School Hockey Champions. Presentation by Lyndsey Anderson, Waste Trac Recycling Educator with Black Hawk County Solid Waste Management Commission, on the Electronics & Household Hazardous Materials Drop-off Event to be held on Saturday, April 8, 2017. Mayor Hart recognized Mark Rice for his service to the City of Waterloo as Public Works Director and congratulated him on his retirement. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, commented that last week he brought up that the Governor of Iowa mentioned that Waterloo is the fastest growing city in Iowa and he does not believe this is reflected on the taxes. He also mentioned that he and the Mayor had a conversation about how votes happen on city council and that his neighbors believe that certain council members do a better job of watching the budget, and those people will be voting in the election. Aaron Roberts, 411 Almond, presented information to the city council about his children being victims of crime and harassment and are not receiving help from Waterloo Police Department. He further explained that he received a letter from the police chief recommending he be committed to a mental health facility. David Dryer, 3145 W. 4t' Street, questioned when the next University Avenue Project meeting will take place and encouraged the city to give ample notice of the meeting. He further commented that he agreed with a letter to the editor that appeared in the Waterloo Courier regarding a recycling refund request considered at the city council meeting on March 27, 2016. Todd Obadal, 124 Amity Drive, commented on the recycling refund request considered at the city council meeting on March 27, 2016 and asked that council consider outsourcing recycling services. Mayor and Council Monthly Reports Mr. Morrissey commented that he and Mr. Amos will be holding their next Ward 3 and Ward 4 conjoined meeting in June at the Waterloo Public Library and that approximately 45 people attended the last meeting. This past Thursday a meeting was held and the topic of discussion was the water table issues. Apri13, 2017 Page 2 Mr. Jacobs thanked the Mayor for giving a miniature state of the city address at Landmark Commons and Friendship Village. Mr. Amos shared that two businesses are having grand openings in Waterloo and noted that Harold's Chicken will be opening tomorrow. Mr. Morrissey invited everyone to attend the Honor Flight Fundraiser at Electric Park Ballroom on Saturday, April 8, 2017, where he will be performing as Sony Bono, along with Marcia Buttgen as Cher. 146237 - Welper/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 146238 - 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 April 3, 2017, in the amount of $2,474,802.46, 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. 2017-233. 2. Resolution approving preliminary plans, specifications, form of contract etc., and setting date of bid opening as April 20, 2017 and date of public hearing as April 24, 2017 for the purchase of one (1) automated side -load garbage truck and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-234. 3. Resolution setting date of public hearing as April 17, 2017, to review funding recommendations of the Community Development Board, for FY 2018 One-year Action Plan for Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) Funds, for the Waterloo/Cedar Falls (HOME) Consortium. Resolution adopted and upon approval by Mayor assigned No. 2017-235. 4. Resolution the assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees: Address and amount to certify: 1112 Amherst Avenue - $741.75; 1221 West 6th Street - $1,179.37 and 212 Lafayette Street - $5,159.99. Resolution adopted and upon approval by Mayor assigned No. 2017-236. 5. Resolution approving the request from SingleSpeed Brewing Company in cooperation with Waterloo Convention and Visitors Bureau and Trekman Racing to hold the SingleSpeed Beer Mile on June 10th, 2017, with road closures on portions of Commercial, Cedar, 2nd and 3rd Streets as well as a closure of the SingleSpeed Brewing Co. parking lot, located at 325 Commercial Street. Resolution adopted and upon approval by Mayor assigned No. 2017-237. 6. Resolution approving request of RiverLoop Amphitheatre, Inc. for a variance to the Noise Ordinance from May 1, 2017 through November 15, 2017 from 10:00 a.m. to Midnight in conjunction with musical concerts, wedding receptions and private parties to be held at Riverloop Amphitheatre & Expo Plaza on the west side of Cedar River including a band/DJ April 3, 2017 Page 3 and the use of a PA system, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2017-238. 7. Resolution approving Order Accepting Acknowledgment/Settlement Agreement and check for $300.00 from New Star, 315 Fletcher Avenue, Waterloo, Iowa 50701, for sale of tobacco to minor violation -first offense. Resolution adopted and upon approval by Mayor assigned No. 2017-239. 8. Resolution approving abatement of assessment for 3652 Burton Avenue in the amount of $164.97, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2017-240. 9. Resolution approving request of Brent Richmond for a waiver for a concrete driveway to be located at 713 Ricker Street 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. 2017-241. 10. Resolution approving abatement of assessment for parcel number 8913-23-477-006 in the amount of $400.00, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2017-242. b. Motion to approve the following: 1. 2. a. Q C. a. [:a C. Travel Requests Name & Title of Class New or Expiration Amount Personnel Class/Meeting Destination Date(s) not to Amalgamated Local 838 C Liquor New 2/28/2018 Exceed Jon Martin, Foundation in Denver, CO April 24- $1,825.00 Rehabilitation Specialist HUD 28, 2017 UPDATE* Environmental Casey's General Store Review Renewal 4/18/2018 X Matt Chesmore, Foundation in Denver, CO Rehabilitation/Relocatio HUD April 24- $1,825.00 n Specialist Environmental 28, 2017 Casey's General Store Review Renewal 4/18/2018 X Inv. Pohl 2017 National Norwood, MA April 23- $2,633.00 HyVee Gas #2, 2221 Logan Cyber Crime Renewal 27, 2017 X Conference f0 Approved Beer, Liquor, and Wine Applications Name & Address of Class New or Expiration Includes Business Renewal Date Sunda Amalgamated Local 838 C Liquor New 2/28/2018 X UAW, 2615 Washington Street *OWNERSHIP UPDATE* Casey's General Store C Beer Renewal 4/18/2018 X #2879, 3260 University Avenue *OWNERSHIP UPDATE* Casey's General Store B Native Wine / C Renewal 4/18/2018 X #2880, 1604 LaPorte Road Beer HyVee Gas #2, 2221 Logan E Liquor / B Wine / Renewal 3/23/2018 X April 3, 2017 e. f. 9. h. Page 4 Avenue C Beer J's R&B Lounge, 501 C Liquor Renewal 4/6/2018 X Independence Avenue SACS Neighborhood Pub, C Liquor Renewal 1/31//2018 X 2000 Hawthorne Avenue w/Outdoor Service Sunnyside Country Club, A Liquor Renewal 4/13/2017 X 1600 Olympic Drive *OWNERSHIP UPDATE* Waterloo Softball B Beer w/Outdoor Renewal 4/16/2018 X Association, 1139 Josephine Service Street 4. Bonds. Roll call vote -Ayes: Seven. Motion carried. Mr. Lind questioned item 1A9, if a waiver like this could benefit the home owner on Hawthorne with the driveway issue. Eric Thorson, City Engineer explained that the individual on Hawthorne already has a waiver form on file and that situation does not relate to this waiver. PUBLIC HEARINGS 146239 - Schmitt/Welper that proof of publication of notice of public hearing on Amendment to City of Waterloo Zoning Ordinance No. 5079 regarding billboard and off -premise advertising, residential fence coverings, regulations for indoor and outdoor recreational uses, floodway regulations (drainage and detention facilities), wireless communication facilities, and other miscellaneous updates, as published in the Waterloo Courier on March 24, 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. 4th Street, requested an explanation of the ordinance changes. Aric Schroeder, City Planner, provided an overview of the changes in the ordinance. 146240 - Schmitt/Amos 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. 146241 - Schmitt/Amos that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending Section 10-3-1 Definition—Billboard and Fence, Residential, Section 10-8-1(A)(4) and (10), "R-1" District Principal Permitted Uses, Section 10-14-1(A)(3), "C-1" District Principal Permitted Uses, Section 10-15-1(A), "C-2" District Principal Permitted Uses, Section 10-22-2 (A) Floodway Overlay District Principal Permitted Uses, Section 10-22-2(B) Floodway Overlay District Conditional Uses, Section 10-26-1(B) Definitions, Section 10-26-1(C) Regulation of All Signs, Section 10-27-1(H) (6) and (7), Special Permit Required, Section 10-27-1(0) Towers and Wireless Communication Facilities", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 146242 - Schmitt/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: One. Nays: Six (Jacobs, Morrissey, Lind, Amos, Schmitt, and Welper). Motion failed. April 3, 2017 Page 5 Mr. Schmitt questioned the timeliness of the changes. Aric Schroeder explained that the changes are not on a critical timeline. 146243 - Lind/Amos that proof of publication of notice of public hearing on sale and conveyance of city owned property located at 718 Kern Street, in the amount of $80,000, to Leeca Jones, as published in the Waterloo Courier on March 24, 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. 146244 - Lind/Schmitt that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146245 - Lind/Schmitt that "Resolution authorizing sale and conveyance of 718 Kern Street to Leeca Jones in the amount of $80,000, and down payment assistance of $10,000 using HOME funds, and authorize the Mayor and City Clerk to execute all necessary documents, be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested an overview of the item. Rudy Jones, Community Development Director, explained that the city acquired the property from Wells Fargo Bank and that they believed it was an appropriate property for rehabilitation and sale to a family. Mr. Schmitt questioned the process to determine the property was suited for this procedure. Rudy Jones explained that a realtor was hired to market the property and to ensure that interested buyers met the criteria. Resolution adopted and upon approval by Mayor assigned No. 2017-243. 146246 - Welper/Morrissey that proof of publication of notice of public hearing on 2017 Spring Stump Removal Project, as published in the Waterloo Courier on March 20, 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. 146247 - Welper/Morrissey that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146248 - Welper/Morrissey 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. 2017-244. 146249 - Welper/Morrissey that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-245. April 3, 2017 146250 - Welper/Morrissey '.:- Motion to receive and file and instruct City Clerk to read bids and refer to Director of Leisure Services for review. Bidder Bid Security Bid Amount Schaefer Tree & Lawn $5,749.50 Service $114,990 Waterloo, IA Check #5503820185 $6,200 Twin City Tree Service $124,000 Waterloo, IA Check #101565302 JBL Rental & Tree Service $4,500 $90,000 Parkersburg, IA Check #10329712 Wilson Custom Tree 5% Bid Bond $86,714.25 Cresco, IA B&B Lawn Care, Inc. $6,196 $123,908.40 Waterloo, IA Check #101565303 Hudson Hardware Plumbing & Heating, Inc. 5% Bid Bond $97,148 Hudson, IA Voice vote -Ayes: seven. Motion carried. 146251 - Amos/Lind that proof of publication of notice of public hearing on FY 18 Police vehicle equipment needs, as published in the Waterloo Courier on March 20, 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. 146252 - Amos/Morrissey that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146253 - Amos/Morrissey that "Resolution confirming approval of bid documents, specifications, form of contract, estimate of costs, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-246. 146254 - Amos/Morrissey that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-247. 146255 - Amos/Morrissey Motion to receive and file and instruct City Clerk to read bids. Estimate: 513.500 Bidder Bid Amount Electronic Engineering $13,496.71 Waterloo, IA April 3, 2017 Voice vote -Ayes: Seven. Motion carried. 146256 - Amos/Morrissey Page 7 that "Resolution approving award of contract to Electronic Engineering of Waterloo, Iowa in the amount of $13,496.71 for the FY17-18 Police vehicle equipment needs, and authorize Mayor and City Clerk to execute said documents. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-248. 146257 - Lind/Amos that proof of publication of notice of public hearing on Replacement of fuel pump dispensers at the City fuel distribution site, as published in the Waterloo Courier on March 24, 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. 146258 - Lind/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146259 - Lind/Amos 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. 2017-249. 146260 - Lind/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-250. 146261 - Lind/Amos Motion to receive and file and instruct City Clerk to read bids and refer to Public Works Director for review. Estimate: $60.000 Bidder Bid Security Bid Amount Dick's Petroleum Company $1,643.71 $40,576.53 Tripoli, IA Check #055568 Acterra Group o 5 /o $47,800.00 Marion, IA Central Petroleum Equipment 5% $45,015.00 Blue Grass, IA Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 146262 - Morrissey/Welper that "Resolution approving Convention and Visitors Bureau board recommendation for funding in the Event/Capital Hotel -Motel Tax Grant funds for FY2018", be adopted. Roll call vote -Ayes: Seven. Motion carried. (Powers abstention on line item for VGM Heartland, because he is employed there). April 3, 2017 Page 8 Resolution adopted and upon approval by Mayor assigned No. 2017-251. 146263 - Morrissey/Welper that "Resolution awarding bid in the amount of $126,847 to Altec Industries of Creedmoor, North Carolina, for the purchase of one (1) aerial boom truck to support Traffic Department operations", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-252. 146264 - Schmitt/Welper that "Resolution awarding bids, in conjunction with the 2017 Right of Way Mowing Project, to B&B Lawn Care, Inc. of Waterloo Iowa, in the amount of $44.95/acre-Option A and $56.65/acre- Option E; Professional Lawn Care of LLC of Waterloo Iowa, in the amount of $55.50/acre-Option B; and Wilson's Custom Tree of Cresco, Iowa, in the amount of $27.75/acre-Option C and $574.00/acre-Option D, and approving the contracts, certificates of insurance, etc., and authorizing the Mayor and City Clerk to execute said agreements", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-253. 146265 - Schmitt/Welper that "Resolution approving a contract with Terracon for geotechnical engineering services within the Midport area, in an amount not to exceed $6,550, and authorize Community Planning Director to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-254. 146266 - Lind/Amos that "Resolution approving an agreement for Animal Control Services between the University of Northern Iowa Department of Public Safety and the City of Waterloo, be adopted. Roll call vote - Ayes: Seven. Motion carried. Mr. Lind questioned if the contract will charge the same amounts as are charged to Cedar Falls. Sandie Greco, Superintendent of Traffic, confirmed the amounts are the same. David Dryer, 3145 W. 4th Street, questioned if additional employees are needed for the contract. Sandie Greco explained that additional employees will not be needed to execute the contract. Resolution adopted and upon approval by Mayor assigned No. 2017-255. 146267 - Lind/Amos that "Resolution approving Professional Services Agreement with JDE Engineering of Waterloo, Iowa, in an amount not to exceed $113,160 for construction -related services for the FY 2017 Site Grading for Northeast Industrial Park, Contract No. 926, 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. 2017-256. 146268 - Morrissey/Powers that "Resolution approving award of contract to Minturn, Inc., of Brooklyn, Iowa in the amount of $1,491,713.00 and approving the contract, bonds, and certificate of insurance for the FY 2017 4th Street Bridge Canopy Repairs (Base Bid + Alternate 1), Contract No. 910, and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Five. Nays: Two (Schmitt and Lind). Motion carried. April 3, 2017 Page 9 David Dryer, 3145 W. 4th Street, questioned what is included in Alternate 1 and if it includes replacement of the windows. Mr. Schmitt commented that he received an email from a downtown property owner which mentioned that a councilmember had said that all downtown business people were opposed to the canopy repairs. He further explained that he had personally received more opposition than support. Resolution adopted and upon approval by Mayor assigned No. 2017-257. ORDINANCES 146269 - Morrissey/Amos 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, located east of 3308 Bay Berry Drive", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven. Motion carried. Noel Anderson, Community Planning and Development Director, requested that the second reading be approved tonight and that item sixteen, Request by Roger Kalsem for the preliminary plat of Kalsem's Second Addition, be tabled for one week to coincide with the third reading. Mr. Lind questioned the request from the Community Planning and Development Director. Noel explained that there are few details in the preliminary plat that need another week to complete. 146270 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Zero. Nays: Seven (Morrissey, Powers, Lind, Amos, Schmitt, Welper, Jacobs). Motion failed. 146271 - Amos/Welper that "an Ordinance Amending the 2007 City of Waterloo Code of Ordinances, by adding to Title 6, Motor Vehicles and Traffic a new Chapter 7, Parking in Residential Areas", be received, placed on file, considered and passed for the first time. 146272 - Powers/Schmitt to table for two weeks to allow for a work session for further discussion. Roll call vote -Ayes: Seven. Motion carried. Aric Schroeder, City Planner, recommended having one week between the work session and the hearing. Mayor Hart commented that the item will be back on the April 24°i agenda. OTHER COUNCIL BUSINESS 146273 - Lind/Amos that "Resolution approving a request by Roger Kalsem for the preliminary plat of Kalsem's Second Addition, a 90 lot residential subdivision, located to the south of E. Shaulis Road, east of Highway 218, and east of 3308 Bay Berry Drive.", be adopted. 146274 - Lind/Amos to table the item for one week. Voice vote -Ayes. Seven. Motion carried. ADJOURNMENT 146275 - Welper/Morrissey April 3, 2017 Page 10 that the Council adjourn at 6:59 p.m. Voice vote -Ayes: Seven. Motion carried. Id 44� Kelley F chle City Clerk