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HomeMy WebLinkAboutMinutes-5/15/2017May 15, 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, May 15, 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: Ron Welper, Ward 5 Council Member. 145423 - Welper/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, May 15, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 145424 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, May 8, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS Sue Beach, Blue Zones Project, explained that May is bicycling month and that this week is bicycling week and May 19tt' is bike to work day. She invited everyone in the community to participate in the event and provided a history of the event. David Dryer, 3145 W. 4t" Street, commented that he asks questions at meetings so that the public can know the answers. He further questioned the costs of the tree removal project, how much equipment the city owns, what happens to the old equipment, and would like to have an answer in public as well. Mayor Hart questioned if it would be possible to work together on the answer. The city possesses a lot of equipment, from vehicles to ice melt. David Dryer confirmed. Paul Huting, Leisure Services Director, commented that he can get the information to Mr. Dryer. Forest Dillavou, 1725 Huntington Road, commented that his family is not going to pay for Mediacom Services and questioned why the city is planning to spend money on technology updates to the Public Access Studio. Mayor Hart commented that the city did not give money to Mediacom last week but that money was used to upgrade our technology to high definition so that council meetings can be viewed clearly on the internet and on television. Josh Wilson, 525 Southeast Prairie Park Lane, Waukee, Iowa, commented that he is excited to see the Lou Henry Hoover Sculpture Park project come to fruition. He further commented that he hopes to see the city ban fireworks on public property. 145425 - Welper/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 145426 - Welper/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: May 15, 2017 Page 2 Resolution approving Finance Committee Invoice Summary Report, dated May 15, 2017, in the amount of $2,580,525.32 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. 2017-362. 2. Resolution approving request of Tony Barker for a waiver for a concrete driveway located at 205 Ogden Avenue 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. 2017-363. 3. Resolution setting date of public hearing as June 5, 2017, for a request by Waterloo Home Corporation 700, Inc. to vacate a utility easement over a former platted alley located at 1955 Locke Avenue, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-364. 4. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as June 1, 2017 and date of Public Hearing as June 5, 2017, for the General Aviation Terminal Building HVAC Replacements via the IDOT Commercial Service Vertical Infrastructure Project, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-365. 5. Resolution approving the preliminary plans, specifications, and form of contract, etc. and setting the date of bid opening as June 1, 2017, and date of public hearing as June 5, 2017 in conjunction with the Waterloo Regional Airport Hangar No: 5 Rehabilitation, and instruct the City Clerk to public said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-366. 6. Resolution approving request of Brian Helmeichs for a Variance to the Noise Ordinance on July 8, 2017 from 12:00 p.m. to 10:00 p.m. to hold the Save the Exchange Skate Park Music & Arts Festival, located at 707 Park Road, inside the Skate Park, along with live bands and a PA system. Resolution adopted and upon approval by Mayor assigned No. 2017-367. b. Motion to approve the following: 1. Travel Requests Name & Address of Class Amount Name & Title of Class/Meeting Destination Date(s) not to Personnel Renewal Exceed Tom Powers, Ward 1 Cedar Valley Washington, D.C. June 13- $350 Council Member Coalition 14, 2017 x Approved Beer, Liquor, and Wine Applications Name & Address of Class New or Expiration Includes Business Renewal Date Sunday Briqhouse Bar & Grill, 307 C Liquor Renewal 5/13/2018 x W. 5th Street w/Outdoor Service Majestic Moon, 1955 Locke C Liquor Renewal 5/01/2018 x Avenue Ray's Supermarket, 1975 E Liquor License New 3/2/2018 Franklin Street *Ownership Update* Screaming Eagle American C Liquor License Renewal 4/20/2018 x Bar & Grill, 228 E. 4th w/Outdoor Service Street 7 May 15, 2017 e. Page 3 Smittys Bar, 709 Jefferson C Liquor License Renewal 5/26/2018 x Street w/Outdoor Service 3. Motion to approve application for Fireworks Display at Hawkeye Community College, 1501 E. Orange Road, for the American Cancer Society Relay for Life event on June 16, 2017 from 10:00 p.m. to 10:20 p.m. 4. Motion to approve application for Fireworks Display for The VGM Group for the VGM Heartland Conference 2017 at Park Avenue Bridge, on Monday, June 12, 2017, at approximately 9:30 p.m. and lasting approximately 30 minutes. 5. Motion to approve application for Fireworks Display at Waterloo Bucks home games, Riverfront Stadium, 8500 Park Rd, on June 2, 7, 30; July 1, 4, 8, 14, 22, 29; and August 4, 12, 2017, lasting 5-10 minutes after ball the ball game ends. Mr. Schmitt motioned and Mr. Morrissey seconded a motion to consider item 1 B 1 A separately. Mayor Hart ruled that the item be removed from the Consent Agenda and considered separately. No vote was taken on the item. Roll call vote -Ayes: Seven. Motion carried 145427 - Morrissey/Amos Motion to approve Travel Request for Council Member Tom Powers to attend Cedar Valley Coalition with an amount not to exceed $350. Roll call vote -Ayes: Four. Nay: Two. (Lind and Schmitt.) Abstain: One. (Powers). Motion carried. Mr. Schmitt commented that the city has never voted to send a city council member to this event. Mr. Jacobs requested more information on how the trip, if approved, would benefit the city. Mayor Hart explained the benefits of attending the Cedar Valley Coalition. Mr. Schmitt commented that just because money is available in the budget, does not necessarily mean it needs to be spent. Mr. Morrissey commented that he believes that funds are budgeted for a purpose and that council should be allowed to travel, learn, and bring back information to the city. Mr. Lind read an email from a taxpayer speaking against approving the request. Mr. Schmitt commented that businesses are traveling less and local government should as well. Mr. Amos commented that he believes the request will provide a benefit to Waterloo and that he supports the item. Mr. Powers commented that he appreciates the conversation surrounding the item, that he intends to travel regardless of whether or not the item is approved, and believes there is a general misperception of what happens on these types of trips. He further commented that he would ask that the item be withdrawn and he will pay for the registration. 145428 - Powers/Schmitt Motion to remove item 1 B 1 A from the agenda. Roll call vote -Ayes: Two. Nay: Five (Morrissey, Powers, Amos, Welper, Jacobs ). Motion failed. Mr. Jacobs commented that a vote on the item should take place. PUBLIC HEARINGS May 15, 2017 Page 4 Mayor Hart announced the public hearing to purchase two (2) compact pickup trucks for the Engineering Department was cancelled due to no bids being received. 145429 - Schmitt/Morrissey that proof of publication of notice of public hearing on Purchase of one (1) salt brine blender with automated truck fill for the Street Department, as published in the Waterloo Courier on May 5, 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 comments. David Dryer, 3145 W. 4t' Street, questioned if this is the second salt blender purchased and how are old equipment being disposed of. Sandie Greco, Interim Public Works Director, explained that the setting date of the hearing was on the agenda a couple weeks ago, that the old one was homemade but corroded, and will be scrapped. 145430 - Schmitt/Welper that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145431 - Schmitt/Welper 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. 2017-368. 145432 - Schmitt/Welper that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-369. 145433 - Schmitt/Morrissey Motion to receive and file and instruct City Clerk to read bids. Estimate: $55.000 Bidder Bid Amount Henderson Products $52,943 Manchester, IA Voice vote -Ayes: Seven. Motion carried. 145434 - Schmitt/Morrissey Resolution approving award of contract with Henderson Products of Manchester, Iowa in the amount of $52,943, for the purchase of one (1) salt brine blender with automated truck fill for the Street Department 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. 2017-370. RESOLUTIONS 145435 - Morrissey/Amos that "Resolution approving a request by Crossroads Realty, LLC for the preliminary plat of Crossroads Plat No. 11, a five lot commercial subdivision located adjacent to 2060 Crossroads Boulevard", be adopted. Roll call vote -Ayes: Seven. Motion carried. May 15, 2017 Page 5 David Dryer, 3145 W. 4th Street, questioned building a strip mall by the mall and if it is in a TIF District. Noel Anderson, Community Planning and Development Director, explained that the request is by the owner of the mall and is in the Crossroads TIF District. Resolution adopted and upon approval by Mayor assigned No. 2017-371. 145436 - Morrissey/Amos that "Resolution establishing the minimum technological standards for installation and maintenance of a video surveillance system as required by Waterloo Municipal Code Title 5, Chapter 4", be adopted. Roll call vote -Ayes: Six. Nays: One (Jacobs). Motion carried. Mayor Hart requested an overview of the item. Mayor Hart stepped out at 6:13 p.m. Dan Trelka, Chief of Police, explained that this resolution would establish the technological threshold business should utilize. Mayor Hart returned at 6:14 p.m. Mr. Lind questioned why this is being done by resolution. Dan Trelka explained that the technology changes rapidly and this will allow the city to keep up with the changes. Resolution adopted and upon approval by Mayor assigned No. 2017-372. 145437 - Lind/Morrissey that "Resolution approving award of contract to Peterson Contractors, Inc., of Reinbeck, Iowa in the amount of $221,066.00, and approving the contract, bonds, and certificate of insurance for the FY 2017 Flood Control Gatewell Repairs, Contract No. 918, 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. 2017-373. 145438 - Lind/Morrissey that motion approving final quantity adjustment for a net decrease of $734.20, for the FY 2017 Leisure Services Sanitary Sewer Extension, Contract No. 925 and authorize the Mayor and City Clerk to execute said document. Roll call vote -Ayes: Seven. Motion carried. 145439 - Schmitt/Amos that "Resolution approving completion of project and recommendation of acceptance of work for work performed by Benton's Sand & Gravel, Inc., of Waterloo, Iowa, at a total cost of $41,640.80 for the F.Y. 2017 Leisure Service Sanitary Sewer Extension, Contract No. 925, and receive and file two-year maintenance bond", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-374. 145440 - Schmitt/Amos that "Resolution authorizing Traffic Operations Department to place temporary yield signs on Lawnhill Street and Drexel Street due to reconstruction on Fletcher Avenue", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-375. ORDINANCES May 15, 2017 145441 - Morrissey/Amos Page 6 that "an Ordinance Amending the 2007 City of Waterloo Code of Ordinances, by repealing Title 5, Police Regulations, Chapter 4 Convenience Store Security and enacting in lieu thereof a new Title 5, Police Regulations, Chapter 4 Convenience Store Security," be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Nays: One (Jacobs). Motion carried. Al Manning, Sub City, 3045 Kimball Avenue, explained that he would like to see the city vote no on the ordinance. He thanked employees and council for their work on the ordinance but recommended that the city work with business owners on an individual basis rather than pass an ordinance and enforce the regulation on business owners city wide. Todd Obadal, 124 Amity Drive, commented that he is concerned about language in sections 5-4-7C, 5-4-2I, 5-4-6, and 5-4-3G, and believes these sections need to be looked at more prior to passing the ordinance. Brian Helmrichs, 1615 Huntington Road, expressed that the cameras would protect both the patrons of businesses and business owners and that a business has a responsibility to the public to create a safe environment. David Dryer, 3145 W. 4th Street, commented that the city should look at public safety cameras in high crime areas instead of surveillance cameras in businesses. He further questioned if the cameras will be required to be high definition. Don Share, 1415 Downing Avenue and University Avenue Dairy Queen, commented that he does not feel that the city should be able to tell him that he needs to get a certain type of camera in his store. He further questioned why hotel/motel owners were excluded. Chief Trelka explained that the ordinance is very forgiving and watered down and the ordinance legitimizes what is occurring at many businesses. The cameras that are currently in place at businesses are helping to solve crimes. Lt. Greg Fangman, explained that hotel/motels were excluded from the ordinance because the focus is primarily on cash businesses. Tom Kneeland, 325 Cornwall Avenue, questioned if businesses with existing security cameras could be grandfathered in and exempted from upgrading their systems. Lt. Fangman explained that it was discussed and they chose to not do that. Bill Baker, 1614 Woodmayr, explained that having high quality cameras in and outside the business helps prevent theft and crime occurring inside and outside of the business. Josh Wilson, Waukee, IA, commented that a council member's car was vandalized during a public forum and that the cameras in city hall did not cover the crime and that the city should upgrade its system as well. Chief Trelka commented that the cameras do cover the parking lot. Mr. Jacobs commented that he believes that the ordinance is unfriendly to businesses as it adds an additional expense to businesses and should be up to them to add the cameras. 145442 - Lind/Schmitt Motion to amend Chapter 5-4-2 Section 1, by adding a new definition as letter o. "Principal City Vertical Infrastructure" all principal city facilities that the public frequently visits. Roll call vote - Ayes: Seven. Motion carried. Mr. Amos questioned adding in the, city buildings but exempting hotel/motels. Mr. Morrissey questioned if cameras currently exist at city facilities. May 15, 2017 Page 7 Paul Huting, Leisure Services Director, explained that the SportsPlex has security cameras but Young Arena does not. The golf pro shops are operated as private businesses and is unsure which have cameras. Mr. Powers commented that he is in favor of the amendment. Forest Dillavou, 1725 Huntington Road, commented that the taxpayers should be notified prior to passing the ordinance. Mr. Jacobs commented that the ordinance is burdensome to businesses and is not in favor of the ordinance. 145443 - Morrissey/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Zero. Nays: Seven (Amos, Schmitt, Welper, Jacobs, Morrissey, Powers, Lind). Motion failed. ADJOURNMENT 145444 - Morrissey/Welper that the Council adjourn at 6:52 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Fel le City Clerk