HomeMy WebLinkAboutMinutes-7 /17/2017July 17, 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, July 17, 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: Kelly Sullivan, Granddaughter of Albert Sullivan.
145678 - Welper/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, July 17, 2017, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
145679 - Welper/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, July 10, 2017, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
Mayor Hart recognized Mark Lane for 30 Years of Service.
Mayor Hart recognized Jon Martin as the July 2017 Team Member of the Month.
ORAL PRESENTATIONS
Jim Chapman, 224 Bertch, questioned how much it costs the tax payers for the fireworks calls.
Mayor Hart questioned Chief Trelka of the cost for approximately 760 calls.
Dan Trelka, Police Chief confirmed the cost is $9 per call just for dispatch.
Dr. Kenneth Hadley, Commissioner for Waterloo Commission on Human Rights, questioned when
an initiative on racial and social issues with the police department will be discussed at council.
David Dreyer, 3145 W. 4th Street, questioned when he would receive a response to his question
regarding bonding for the operation of the Five Sullivan Brothers Convention Center.
Michelle Weidner, Chief Financial Officer, commented that she did respond to his email today.
Todd Obadal, 124 Amity Drive, read Iowa Code Section 364.7.
MAYOR AND COUNCIL REPORTS
Mr. Morrissey read a comment that the Waterloo Public Library hours are being cut due to budget
constraints and that it causes a severe impact to the community and that Code Enforcement needs an
additional full time officer. He further listed the active projects in Ward 3.
145680 - Welper/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
145681 - 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 July 17, 2017, in
the amount of $797,070.21 a copy of which is on file in the City Clerk's office, together with
recommendation of approval of the Finance Committee.
July 17, 2017 Page 2
Resolution adopted and upon approval by Mayor assigned No. 2017-543.
2. Resolution approving preliminary specifications, form of contract, etc. and setting date of bid
opening as July 27, 2017 and date of public hearing as August 7, 2017, for the recycling
processing facility to support the City of Waterloo's curbside recycling program.
Resolution adopted and upon approval by Mayor assigned No. 2017-544.
3. Resolution proposed specifications, form of contract, etc. and setting date of bid opening as
July 27, 2017 and date of public hearing as August 7, 2017 for solid waste and recycling
containers to support the City of Waterloo's recycling and various clean-up programs.
Resolution adopted and upon approval by Mayor assigned No. 2017-545.
4. Resolution approving preliminary plans, specifications, bid documents, form of contract, etc.,
and setting date of bid opening as August 10, 2017 and the date of public hearing as August
14, 2017, for the FY 2016 Water Pollution Control Facilities Upgrade to Instrumentation and
Controls Systems, Contract No. 929, and instruct City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-546.
5. Resolution setting a date of public hearing as August 7, 2017 to approve the sale and
conveyance of city owned property located northwest of 1318 Martin Road, in the amount of
$1.00, to Cardinal Construction, Inc., including a Development Agreement, and instruct City
Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-547.
6. Resolution approving request by Grace Reformed Church for a variance to the Noise
Ordinance on Sunday, August 20, 2017 from 8:00 a.m. to 1:00 p.m. for the "Sunday in the
Park" event to be held at Galloway Park, located at the corner of Maxwell & Stratford
Streets.
Resolution adopted and upon approval by Mayor assigned No. 2017-548.
7. Resolution approving request by Kevin McBride of Waterloo Worship Center for a variance
to the Noise Ordinance from August 4-6, 2017 from 7:00 p.m. to 9:30 p.m. for the "Hope
Fest 17" event to be held at Elk's Memorial Park, located at the corners of Wellington Street,
Belmont Avenue, Norimer Street and Randall Street.
Resolution adopted and upon approval by Mayor assigned No. 2017-549.
8. Resolution Authorizing Fund Transfer for Fiscal Year ending June 30, 2017.
1
TO :FROM AMOUNT PURPOSE
General :Trust & Agency :$413,394.93 Employee benefits
:Fund ;Fund
Resolution adopted and upon approval by Mayor assigned No. 2017-550.
b. Motion to approve the following:
1.
a.
b.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Keith Kaspari,
Director of Aviation
4 -States Airport
Conference (Former
FAA Central Region
Conference)
Kansas City,
MO
August
28-30,
2017
$800.
Officer Wertz
Precision Driving
Instructor
Des Moines, IA
July 31-
August 4,
$897.65
July 17, 2017 Page 3
2.
c.
a.
b.
c.
d.
e.
f.
g.
h.
J.
k.
1.
m.
n.
Approved Beer, Liquor, and Wine Applications
Certification
Class
2017
Expiration
Date
Lt. Ferguson, Fire
Illinois IAAI
Champaign, IL
September
$833
Marshal (REVISED)
Training Conference
(International
B Wine / C Beer / E
Liquor
24-27,
2017
6/10/2018
x
Association of Arson
investigations)
C Liquor
w/Outdoor Service
Renewal
7/7/2018
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Benevolent & Protective
Order of Elks #290, 407 E.
Park Avenue
C Liquor
w/Outdoor Service
/ Catering
Renewal
6/30/2018
x
Broadway Liquor, 821
Broadway Street
B Wine / C Beer / E
Liquor
Renewal
6/10/2018
x
Chaser's Pub, 3005
University Avenue
C Liquor
w/Outdoor Service
Renewal
7/7/2018
x
Club Ambassador, 313 W.
5th Street (Adding Outdoor
Service Only)
C Liquor
w/Outdoor Service
New
12/15/2017
CVS #8546, 205 Franklin
Street
B Wine / C Beer / E
Liquor
Renewal
5/31/2018
x
Iowa Irish Fest, Lincoln Park
C Liquor
w/Outdoor Service
New
8/8/2017
x
Kwik Star #724, 1105 Cedar
Bend Drive
B Native Wine / C
Beer
Renewal
7/21/2018
x
Kwik Star #723, 707
Broadway Street
C Beer
Renewal
7/21/2018
x
Kwik Star #722, 1214
Franklin Street
C Beer
Renewal
7/21/2018
x
Noodles & Company, 2833
Crossroads Blvd.
Special C Liquor
w/Outdoor Service
Renewal
6/30/2018
x
Old Skool Lounge, 120
Sumner Street
C Liquor
w/Outdoor Service
Renewal
7/5/2018
x
Red Lobster #6267, 941 E.
San Marnan Drive
C Liquor
Renewal
7/27/2018
x
Speedy Mart, 926 Linn
Street
B Wine / C Beer
Renewal
7/6/2018
x
Yesway Store #10022, 1976
Franklin Street
C Beer / E Liquor
Renewal
7/12/2018
x
3. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration Date
New or Re -
Appointment
Gwenne Berry
Airport Board
6/30/2021
New
Dr. Linda Allen
Airport Board
6/30/2021
New
Michelle Weber
Design Review Board
5/7/2020
Renewal
4. Motion to approve Cigarette/Tobacco Permit New Application for VVS, Inc., 501 N. Elk Run
Road.
5. Bonds
Mr. Lind requested a work session prior to having a public hearing on items 1A2 and 5. He further
commented on 1B3, as he had a call from a constituent that has applied to the Airport Board
numerous times without appointment, and is wondering how he can be involved in the Board.
Roll call vote -Ayes: Seven. Motion carried.
July 17, 2017 Page 4
PUBLIC HEARINGS
145682 - Schmitt/Powers
that proof of publication of notice of public hearing on FY 2018 Ash Street Drainage Improvements,
Contract No. 936, as published in the Waterloo Courier on July 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 comments and
there were none.
145683 - Schmitt/Amos
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
145684 - Schmitt/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. 2017-551.
145685 - 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. 2017-552.
145686 - Schmitt/Amos
Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review.
Engineer's Estimate: $53,859.40
Bidder
Bid Security
Bid Amount
Vieth Construction Corp.
Cedar Falls, IA
5%
$51,739.28
Lodge Construction,
Clarksville, IA
5%
$39,792.70
Hurst & Sons Contractors
5%
$54,143.43
Peterson Contractors
5%
$56,871.40
Voice vote -Ayes: Seven. Motion carried.
145687 - Lind/Morrissey
that proof of publication of notice of public hearing on FY 2018 Manhole Inspection - Service Areas
10, 11, 12, 13, Contract No. 935, as published in the Waterloo Courier on July 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 comments.
Forest Dillavou, 1725 Huntington Road, questioned if the action is taking place after the project is
already started.
Steve Hoambrecker, Waste Management Director, explained the project that is currently underway is
a separate phase from the one before council at this public hearing.
John Sherbon, 1715 Robin Road, commented that a manhole was broken a few months ago on Black
Hawk Road that was only temporarily repaired, and he feels the project lacks organization.
July 17, 2017 Page 5
145688 - Lind/Powers
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
145689 - 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. 2017-553.
145690 - 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. 2017-554.
145691 - Lind/Amos
Motion to receive and file and instruct City Clerk to read bids.
Engineer's Estimate: $48,500
Bidder
Bid Security
Bid Amount
RedZone Robotics, Inc.
Pittsburgh, PA
5%
$43,800.00
Fehr Graham Engineering
Cedar Rapids, IA
$5,567.50
Ck. #06487
$113,350.00
Dependable Maintenance
Clinton, IA
5%
$30,660.00
Save Our Sewers, Inc.
Cedar Rapids, IA
5%
$115,138.00
Lodge Construction,
Clarksville, IA
5%
$153,300.00
Voice vote -Ayes: Seven. Motion carried.
145692 - Lind/Amos
that "Resolution approving award of contract to Dependable Drain & Plumbing/Dependable
Maintenance Systems, of Clinton, Iowa in the amount of $30,660.00, and approving the contract,
bonds, and certificate of insurance for the FY 2018 Manhole Inspection - Service Areas 10, 11, 12,
13, Contract No. 935, and authorize Mayor and City Clerk to execute said documents", be adopted.
Roll call vote -Ayes: Seven. Motion carried.
Mr. Morrissey questioned the low amount of the bids received.
Steve Hoambrecker explained the contract was reviewed by AECOM and himself and that the low
bidding contractor is currently in the area and familiar with the work and therefore had a better
understanding of the project needs.
Resolution adopted and upon approval by Mayor assigned No. 2017-555.
145693 - Morrissey/Welper
that proof of publication of notice of public hearing on sale and conveyance of certain tracts of land,
formerly portions of West San Marnan Drive right-of-way, located adjacent to Sunnyside Country
Club, as published in the Waterloo Courier on July 3, 2017, be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
July 17, 2017 Page 6
This being the time and place of public hearing, the Mayor called for written and oral comments.
Kelley Felchle, City Clerk, commented that no bids were received.
David Dreyer, 3145 W. 4th Street, commented that Sunnyside South, LLC holds the deed.
145694 - Morrissey/Amos
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
145695 - Morrissey/Amos
that "Resolution authorizing to proceed pursuant to Iowa Code § 306.23", be adopted. Roll -call
vote -Ayes: Seven. Motion carried.
Mr. Lind requested the appraisals for the property and recommended that the city assemble the four
tracts into one parcel, appraise it and offer it for sale for 30 days to receive bids to keep the process
more transparent.
Mr. Schmitt requested an overview of the plan going forward.
Noel Anderson, Community Planning Director, provided an overview of the plan.
Jim Walsh, 315 E. 5th Street Waterloo, JSA Development and Sunnyside South, LLC, commented
that they would like to build in Waterloo, and added that they have fulfilled their responsibility in
accordance with the agreement held with the City.
Resolution adopted and upon approval by Mayor assigned No. 2017-556.
145696 - Welper/Amos
that proof of publication of notice of public hearing on sale and conveyance of city owned property
located at 200 West 4th Street (Convention Center), for $1.00, to LK Waterloo, LLC., as published
in the Waterloo Courier on July 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 comments.
Mayor Hart presented a power point on the current structural condition of the convention center and
the cost for repairs.
John Maloney, Leslie Hospitality Marketing Partner, of Dallas, Texas, explained that his company is
an advertising partner with Leslie Hospitality and provided an overview of Leslie Hospitality's
portfolio and the plans for renovation to the hotel and Five Sullivan Brothers Convention Center.
Mayor Hart stepped out at 6:27 p.m. and returned at 6:29 p.m.
Edwin Leslie, President and CEO of Leslie Hospitality, 7815 Shirley Street, Omaha, Nebraska,
explained that the gold stars and sign are being left on the back side of the building and that it will be
titled Five Sullivan Brothers Convention Plaza. He further explained that in the last week he has
received numerous questions about who they are and if they can handle the project financially and
proceeded to answer several of the questions he received. He explained that Leslie Hospitality will
be the operating company of the Hotel RL, while LK Waterloo, LLC will be the holding company.
Mayor Hart stepped out at 6:57 p.m. and returned at 6:57 p.m.
Noel Anderson provided an overview of the development agreements for the hotel and convention
center.
Mayor Hart explained that the project falls under the following strategic plan goal number four.
July 17, 2017 Page 7
Christa Miehe, 237 Lovejoy and President of Marketing and Shared Services at VGM, explained that
the service and facility at the convention center are abysmal and in need of repair. She explained
that the provisions in the agreement for a review of the service at the facility is beneficial and needs
to be enforced. She further explained that she supports the need for additional staff.
Steve Dust, 3712 Pheasant Lane and President of Greater Cedar Valley Alliance and Chamber,
expressed his support for the Development Agreement and sale of the convention center.
Aaron Buzza, 345 Derbyshire Road, encouraged council to support Leslie Hospitality's purchase of
the hotel and convention center and that no other developer is waiting or interested in purchasing
both the hotel and convention center.
Lawrence Wheeler, 433 Bratonober, commented that he is in favor of the purchase of the convention
center but would like to see that it could accommodate arena football and that the construction be
done by local union workers.
Jim Walsh, 315 E. 5th Street and JSA Development, commented that for several years the convention
center fell into disrepair. He further commented that the Development Agreement have additional
claw back provisions. He further suggested that the scoring committee be set for both the
convention center and hotel, not just the convention center.
David Dreyer, 3145 W. 4th Street, questioned the reported expenses on the convention center. He
further questioned if the contract will be with Leslie Hospitality or LK Waterloo, LLC.
Edwin Leslie explained the agreement is with L K Waterloo, LLC, that he has signed a personal
guarantee, and that the jobs will be filled by locals.
John Bunge, 857 Lynkaylee Drive, is the producer of the Waterloo Home Show and expressed
support for the purchase of the convention center.
Forest Dillavou, 1725 Huntington Road, commented that this will be completed in the Downtown
TIF and will not help the general fund and will take funds away from the county and schools as well.
Noel Anderson explained that the debt service levy is released from the TIF district before it is
contained within the TIF. Between the two projects approximately $100,000 will be divided up
going to the debt service, which a portion of that goes to the schools, the county and to the city debt
service account.
Charles Pierson, 1750 Flower Street, explained that this will be a great project for the Sullivan
Family but that work should be done to improve Sullivan Park and grant opportunities are available
to help renovate the park.
Jim McKernan, 511 E. 5th Street (KWWL), expressed support for the project and spoke about the
transformative effect hotel and convention center projects have had in Omaha, Dubuque, Rochester,
Iowa City, Cedar Rapids, and La Crosse.
Kelly Sullivan, 2228 W. 8th Street, Cedar Falls, expressed support for the project and tanked Leslie
Hospitality and Mayor Hart for their willingness to work with her family and develop a compromise.
Hugh Field, 561 Sunset Road, expressed support for the project and encouraged council to ensure
that the provisions of the agreement are sound.
John Sherbon, 1715 Robin Road, expressed support for the project.
Todd Obadal, 124 Amity Drive, commented that he does not believe this is a sound deal because he
has not seen the final version of the development agreement.
145697 - Welper/Morrissey
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
145698 - Welper/Morrissey
July 17, 2017 Page 8
that "Resolution authorization sale and conveyance of city owned property located at 200 West 4th
Street (Convention Center), in the amount of $1.00, to LK Waterloo, LLC, and authorize Mayor and
City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Four. Abstain: Three
(Lind and Schmitt — due to lack of information, Jacobs — due to work). Motion carried.
Mr. Lind commented that he supports the city putting in $11 and a half million and the developer
putting in $24 million and questioned if the city is complying with all of the TIF laws and state
regulations, and questioned if the corporations have been fully vetted. He further commented that
three things are needed such as a financing commitment letter, a RL commitment letter, and the
project should be bonded, and further questioned the claw back provisions that Mr. Walsh mentioned
and as a result he moved to table until resolved.
145699 - Welper/Schmitt
to table indefinitely, until issues with the agreement are resolved. Roll call vote -Ayes: Three. Nays:
Four (Morrissey, Powers, Amos and Welper). Motion failed.
Mr. Morrissey commented that he opposes the table.
Mr. Powers commented that he opposes tabling the resolution due to the comments provided by
community leaders.
Mr. Welper commented that he does not support tabling the agreement.
Mr. Jacobs commented he believes it is prudent to look at additional information and questioned if
the rules have been followed in notifying the public. He further listed a number of items he believes
council should have for review, including the personal financial statement for Mr. Leslie to support
his guarantee, and commitment letters from the bank(s).
Noel Anderson commented that the developer has signed the Development Agreement. He read
portions of the Development Agreement, (page 7, number 17) which states the property cannot be
sold without the City's consent, and (page 2, number 4), requiring a proof of lending commitment
letter.
Mr. Leslie commented that the RL commitment letter can be sent in 48 hours once the City
commitment is done, and all contractors will be bonded as required by the Development Agreement
and that the transaction cannot take place until a funding piece is in place.
Mr. Amos commented that the motion to table seems to center around a lack of trust of the staff and
the job they are doing.
Mr. Schmitt commented that everyone at the table supports the goal and that the council has a
responsibility to ensure it is a good agreement, and it would be irresponsible not to listen to the two
former City Attorneys whom have stated that the agreement may be lacking. He further commented
he is troubled by the lack of communication and loose ends.
Michelle Weidner, Chief Financial Officer, commented that Mr. Leslie signed the first version of the
agreement back on June 26th, in an effort to allow council and the community ample time to review
and absorb the agreement, after feedback was received, changes were made and Mr. Leslie signed
the most recent version this evening.
Mr. Obadal commented that the council is out of order and should not proceed because he has not
seen the final version of the development agreement.
Mayor Hart explained that the agreement has been discussed and the time for citizen comment has
passed.
Resolution adopted and upon approval by Mayor assigned No. 2017-557.
145700 - Welper/Morrissey
July 17, 2017 Page 9
that "Resolution approving a Development Agreement with LK Waterloo, LLC, and
authorize Mayor and City Clerk to execute said agreement", be adopted. Roll -call vote -Ayes: Four.
Abstain: Three (Lind and Schmitt — due to lack of information, Jacobs — due to work). Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-558.
RESOLUTIONS
145701 - Schmitt/Morrissey
that "Resolution approving Supplemental Agreement No. 1 with AECOM Technical Services, Inc.
of Waterloo, Iowa, in an amount not to exceed $47,500.00, in conjunction with the FY 2018 East 5th
Street Parking Ramp Repairs, Contract No. 930, and authorize Mayor to execute said document", be
adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-559.
145702 - Schmitt/Morrissey
that "Resolution approving the Construction Related Services (CRS) Agreement with AECOM
Technical Services, Inc. of Waterloo, Iowa, in conjunction with the projects contained in FAA
Grant 3-19-0094-0045 at the Waterloo Regional Airport, and authorize the Mayor and City Clerk to
execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-560.
145703 - Schmitt/Morrissey
that "Resolution approving Award of Contract to Croell, Inc. of New Hampton, Iowa, in an amount
not to exceed $2,128,833.19 in conjunction with Bid Package No. 1, (Reconstruction of Taxiway
Charlie - Base bid only), at the Waterloo Regional Airport, and authorize the Mayor and City Clerk
to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-561.
145704 - Lind/Morrissey
that "Resolution approving Award of Contract to Aspro, Inc. of Waterloo, Iowa, in an amount not to
exceed $575,859.35 in conjunction with Bid Package No. 2, (Runway 12-30 pavement joint repair at
Bravo 1, crack -seal preventative maintenance, and the repainting of airfield pavements), at Waterloo
Regional Airport via FAA Grant No. 3-19-0094-0045 and authorize the Mayor, City Clerk to
execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-562.
145705 - Lind/Morrissey
that "Resolution approving contracts, bonds and certificates of insurance with Pella Roofing and
Insulation, Inc. of Vinton, Iowa, for improvements associated with Hangar No. 5 at Waterloo
Regional Airport in the amount of $65,995.00, and authorize the 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. 2017-563.
145706 - Lind/Morrissey
that "Resolution approving contracts, bonds and certificates of insurance with Plumb Tech, Inc. of
Waterloo, Iowa, for improvements associated with the HVAC system for the General Aviation
Terminal Building at Waterloo Regional Airport, in the amount of $19,556.00, and authorize the
Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion
carried.
July 17, 2017 Page 10
Resolution adopted and upon approval by Mayor assigned No. 2017-564.
145707 - Lind/Morrissey
that "Resolution approving Memorandum of Understanding between the Federal Deposit Insurance
Corporation, Office of the Comptroller of the Currency, Federal Reserve Bank of Chicago, and the
City of Waterloo", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-565.
145708 - Morrissey/Amos
that "Resolution approving a Development Agreement with LK Waterloo, LLC for property located
at 205 West 4th Street (Ramada Hotel) for renovations to the hotel with a new taxable value of $10.0
million, 20 years of tax rebates at 85%, and 20 years of increased hotel/motel increment, and
authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Four.
Abstain: Three (Lind and Schmitt - lack of information, Jacobs - work).
Resolution adopted and upon approval by Mayor assigned No. 2017-566.
145709- Schmitt/Morrissey
that "Resolution approving a permanent easement agreement with Grand Investments, LLC, for the
purpose of allowing access to City owned flood wall located west of 425 Cedar Street, and authorize
Mayor and City Clerk to execute said agreement", be adopted. Roll call vote -Ayes: Seven. Motion
carried.
Mr. Schmitt requested an overview of the item.
Noel Anderson provided an overview.
Resolution adopted and upon approval by Mayor assigned No. 2017-567.
145710 - Schmitt/Morrissey
that "Resolution approving an Early Access Agreement with Cardinal Construction, Inc. of
Waterloo, Iowa, to allow earth -moving activities in preparation of development of the site northwest
of 1318 Martin Road, and authorize the Mayor and City Clerk to execute said document", be
adopted. Roll call vote -Ayes: Seven. Motion carried.
Mr. Lind questioned the ramifications of allowing work to be done with early access if the
Development Agreement is not approved.
Noel Anderson provided an explanation.
Mr. Lind questioned if Cardinal Construction bears all risks with early access.
Noel Anderson confirmed they would.
Resolution adopted and upon approval by Mayor assigned No. 2017-568.
ORDINANCES
145711 - Morrissey/Amos
that "an Ordinance amending the 2007 City of Waterloo Code of Ordinances by enacting a new Title
6, Motor Vehicles and Traffic, Chapter 1 Traffic Code by adding Section 4; Automated Traffic
Enforcement", be received, placed on file, considered and passed for the first time. Roll call vote -
Ayes: Seven. Motion carried.
Mayor Hart questioned if speeding or not obeying traffic signals was the cause of the most
dangerous accidents.
July 17, 2017 Page 11
Dan Trelka, Police Chief, explained that it is a combination of both.
Jim Chapman, 224 Bertch, commented that he would like to see high crime areas get cameras rather
than have red light cameras.
Eric Donat, 610 E. 4th Street, commented that the Waterloo Commission on Human Rights has
concern about how the red light cameras would impact minorities.
Mayor Hart directed the Police Chief to work with the Human Rights Director on these concerns.
Mr. Schmitt requested an overview of the ordinance.
Dan Trelka provided an overview of the proposed Automated Traffic Enforcement ordinance.
Mr. Schmitt questioned the benefit of the handheld over stationary.
Dan Trelka explained that with the handheld device, the event is both witnessed by the officer and
validated with the handheld device.
Mr. Morrissey questioned who would have access to the data gathered from the cameras.
Mayor Hart stepped out at 8:14 p.m.
Dan Trelka explained the system is secure, and the information is only available to law enforcement.
Mr. Powers questioned if the cameras could be moved to another location if needed.
Dan Trelka confirmed they can be moved.
Lawrence Wheeler, 433 Bratnober, expressed concern for having red light cameras as they may
ticket funeral processions.
Dan Trelka commented that funeral processions are in the ordinance.
145712 - Morrissey/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Four. Nays: Three (Schmitt, Lind and Jacobs). Motion failed.
145713 - Schmitt/Morrissey
that "an Ordinance amending the 2007 City of Waterloo Code of Ordinances by amending Title 5,
Police Regulations, Chapter 5, Chronic Nuisance Properties, Section 1, Definitions, by adding
"0. Fireworks", to definitions", be received, placed on file, considered and passed for the second
time. Roll call vote -Ayes: Seven. Motion carried.
Mayor Hart requested an overview of the ordinance.
Dan Trelka commented that the chronic nuisance ordinance has been effective and this would be a
way to address the chronic abuser.
Mr. Lind questioned how the ordinance works regarding landlords.
Dan Trelka explained that extensive conversation took place with landlords in the development of
the ordinance. This amendment is a minor change he feels the landlords would support.
Mr. Schmitt questioned if the landlords will be notified prior to a fine.
Dan Trelka explained that two notices are sent out, followed by a fine notification.
Mr. Schmitt commented that landlords have been complaining that they are not notified until it is
time to pay the fine, and he believes that needs to be changed.
July 17, 2017 Page 12
145714 - Schmitt/Morrissey
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Two. Welper, Morrissey. Nays: Five (Lind, Amos, Schmitt,
Jacobs, Powers). Motion failed.
145715 - Morrissey/Welper
that "an Ordinance amending the 2008 Traffic Code by deleting Subsection (55) --Park Avenue of
Section 541, Increasing Speed Limits in Certain Areas, and inserting in lieu thereof a new
Subsection (55) --Park Avenue of Section 541, Increasing Speed Limits in Certain Areas", be
received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven.
Motion carried.
Mayor Hart requested an overview.
Sandie Greco, Interim Public Works Director, provided an overview of the ordinance change.
Mayor Hart commented that informational sessions are needed to help people make it through the
change in traffic in this section of road.
Sandie Greco commented that they are hoping the road could become a nationwide example.
Mr. Lind commented that the ordinance has a typo in mentioning Ninth Street from the ordinance.
Sandie Greco stated that was an error.
Mr. Lind questioned why it was important to lower the speed limit if the bike lanes were to give
protection to the bikers, and further questioned if the Engineer agreed with lowering the speed limit
from 30 to 20.
Sandie Greco explained that study results do show that lowering the speed limit it will enhance
safety.
Mr. Schmitt questioned the timing of the ordinance.
Sandie Greco explained the desire would be to complete within two to three weeks.
145716 - 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.
145717 - Morrissey/Amos
that "an Ordinance amending the 2008 Traffic Code by deleting Subsection (55) --Park Avenue of
Section 541, Increasing Speed Limits in Certain Areas, and inserting in lieu thereof a new
Subsection (55) --Park Avenue of Section 541, Increasing Speed Limits in Certain Areas", 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. 5407.
ADJOURNMENT
145718 - Morrissey/Amos
that the Council adjourn at 8:33 p.m. Voice vote -Ayes: Seven. Motion carried.
elley Fe
City Clerk