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HomeMy WebLinkAboutMinutes-7 /24/2017Jury 24, 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 24, 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: Eric Thorson, City Engineer. 145719 - Welper/Schmitt that the Agenda, as amended, by adding five items to accommodate the upcoming events, Item 1.A.14, Resolution approving request of KBBG-FM to hold a parade on August 26, 2017 from 10:00 a.m. until 12:00 noon, beginning at Gates Park and traveling on Barclay, Newell, Mobile, Sumner and 4th Streets and ending at Sullivan Park; adding Item 1.A.15, Request from Waterloo Homecoming Association to close the 100 block of Adams, 00 block of Webster and the 200 block of Ankeny Street to hold the Waterloo Homecoming Event 2017 in Sullivan Park; adding Item 1.A. 16, Request of Waterloo Homecoming Association for variance to Noise Ordinance on August 6, 2017 from 9:00 a.m. to 8:00 p.m. in conjunction with the Waterloo Homecoming event, to be held at Sullivan Park, including the use of a PA system, together with recommendation of approval of Captain of Police Services; adding Item 1.A.17, Request for variance to Noise Ordinance on July 29, 2017 from 10:00 a.m. to 12:00 p.m. in conjunction with the Community Building Rally- Indivisible/Women's March - "Our Lives are on the Line" event, to be held at Lincoln Park, including the use of a PA system, together with recommendation of approval of Captain of Police Services; adding Item 1.B.4, Motion to approve Application for Fireworks Display at Red Carpet Golf Course, in conjunction with the Columbus High School Class of '87, on Saturday, July 29, 2017, at 9:30 p.m. (Approx. 25 minutes), for the Regular Session on Monday, July 24, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 145720 - Welper/Schmitt that the Minutes, 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. Mayor Hart recognized Evelyn Russell for 40 Years of Service. ORAL PRESENTATIONS Terry Stevens, 1629 Ackermant, explained further economic development is needed on the east side of Waterloo. She further commented that the Historic Preservation Commission will be sending a proposal to council to obtain grants to preserve historic sites on the east side of the community. David Dreyer, 3145 W. 4th Street questioned the city's plan to take back the Rath Packing Plant since the developer has defaulted on the Development Agreement and what provisions are in the Development Agreement for the 5 Sullivan Brothers Convention Center to take back the property. Forest Dillavou, 1725 Huntington Road, presented council with a handout from a newspaper from 1943 that shows that the city's tax rate was the lowest of all Iowa cities. Mr. Jacobs commented that he observed a police officer interacting with what looked like a homeless person and gave the man water from his car when it was 85 degrees outside and noted that it was a positive for the community. He further commented that though he abstained on the vote for the convention center due to work, he explained that he fully supports the sale of property and that it would be good to see the personal financial statements, a personal guarantee, and a copy of the development agreement. 145721 - Welper/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA July 24, 2017 145722 - Welper/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: Page 2 1. Resolution approving Finance Committee Invoice Summary Report, dated July 24, 2017, in the amount of $3,465,603.97 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. 2017-569. 2. Resolution approving the request of Almir and Lejla Bajramovic for tax exemptions on the construction of a new single family home valued at $364,950 for property located at 4823 Shelley Court, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2017-570. 3. Resolution approving the request of Derrick and Leanne Klinkenberg for tax exemptions on the construction of a new single family home valued at $301,951 for property located at 1232 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2017-571. 4. Resolution approving the request of Douglas D. Miller for tax exemptions on the construction of a new single family home valued at $347,000 for property located at 156 Lichty Blvd., and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2017-572. 5. Resolution approving the request of Darrell Huggins for tax exemptions on the construction of a new single family home valued at $228,400 for the property located at 1920 Idaho Street and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2017-573. 6. Resolution approving the request of Joshua Jebe for tax exemptions on the construction of home improvements valued at $29,782.15 for the property located at 809 Fairview Avenue and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2017-574. 7. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as August 10, 2017, and date of public hearing as August 14, 2017, for the FY 2018 ADA Bus Stops - Phase I, Contract No. 937, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-575. 8. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as August 10, 2017, and date of public hearing as August 14, 2017, for the FY 2017 Brock 2nd Addition Sanitary Sewer Extension, Contract No. 932, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-576. 9. Resolution setting date of public hearing as August 7, 2017 to approve a request by Cardinal Construction for a site plan amendment to the "R -4,R -P" Planned Residence District and "B- P" Business Park District to allow for the designation of multiple lots as Office/Medical, located at the southeast corner of Ansborough Avenue and West San Marnan Drive, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2017-577. July 24, 2017 Page 3 10. Resolution setting a date of public hearing as August 7, 2017 to approve the sale and conveyance of city owned property (alley and street) located near the CVS Pharmacy at 205 Franklin Street, in the amount of $1.00, to Central Holdings, LLC, including a Development Agreement, and direct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-578. 11. Resolution setting date of hearing as August 28, 2017 to approve an amendment to the Amended and Restated Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, to include additional projects and update related financial information, and setting date of consultation with taxing entities on August 11, 2017, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2017-579. 12. Resolution approving cancellation of assessment for 408 E. 8th Street in the amount of $369.01; and 409 E. 8th Street in the amount of $88, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2017-580. 13. Resolution approving request from Main Street Waterloo to close the 500 Block of Mulberry on July 28th, 2017 from 4:00 p.m. to 11:00 p.m. for the Friday'Loo Car Show -And -Shine event. Resolution adopted and upon approval by Mayor assigned No. 2017-581. 14. Resolution approving request of KBBG-FM to hold a parade on August 26, 2017 from 10:00 a.m. until 12:00 noon, beginning at Gates Park and traveling on Barclay, Newell, Mobile, Sumner and 4th Streets and ending at Sullivan Park. Resolution adopted and upon approval by Mayor assigned No. 2017-582. 15. Resolution approving request from Waterloo Homecoming Association to close the 100 block of Adams, 00 block of Webster and the 200 block of Ankeny Street to hold the Waterloo Homecoming Event 2017 in Sullivan Park. Resolution adopted and upon approval by Mayor assigned No. 2017-583. 16. Resolution approving request of Waterloo Homecoming Association for variance to Noise Ordinance on August 6, 2017 from 9:00 a.m. to 8:00 p.m. in conjunction with the Waterloo Homecoming event, to be held at Sullivan Park, including the use of a PA system, together with recommendation of approval of Captain of Police Services. Resolution adopted and upon approval by Mayor assigned No. 2017-584. 17. Resolution approving request for variance to Noise Ordinance on July 29, 2017 from 10:00 a.m. to 12:00 p.m. in conjunction with the Community Building Rally-Indivisible/Women's March - "Our Lives are on the Line" event, to be held at Lincoln Park, including the use of a PA system, together with recommendation of approval of Captain of Police Services. Resolution adopted and upon approval by Mayor assigned No. 2017-585. b. Motion to approve the following: 1. a. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Officers Erie, Bram, Schaaf, Wilson and Firearms Instructor Recertification School Johnston, IA 11/16/2017 $825 July 24, 2017 2. b. c. a. b. c. d. e. Page 4 Richter Name & Address of Business Class New or Renewal Expiration Date Officer Herkelman Defensive Tactics Instructor Recertification School Des Moines, IA 11/15/2017 $165 Investigator Gergen Defensive Tactics Instructor Rectification School Des Moines, IA 10/18/2017 $165 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 (Ownership Update) C Liquor New 6/30/2018 Fraternal Order of Eagles Waterloo Aerie #764, 202 E. First Street A Liquor w/Outdoor Service Renewal 6/30/2018 X Walgreens #03590, 3910 University Avenue B Wine / C Beer / E Liquor Renewal 6/16/2018 X Main Street Waterloo, 212 E. 4th Street (5 Day Transfer from Lincoln Park) B Beer New 8/8/2017 Yesway Store #10023, 117 E. San Marnan Drive B Wine / C Beer / E Liquor Renewal 7/13/2018 X 3. Bonds. 4. Motion to approve Application for Fireworks Display at Red Carpet Golf Course, in conjunction with the Columbus High School Class of '87, on Saturday, July 29, 2017, at 9:30 p.m. (Approx. 25 minutes). Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 145723 - Schmitt/Amos that proof of publication of notice of public hearing on Asphalt Emulsion bids in conjunction with the City's Recycled Asphalt Paving Program, as published in the Waterloo Courier on July 17, 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. 145724 - Schmitt/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 145725 - 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. 2017-586. 145726 - 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. 2017-587. July 24, 2017 145727 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids. Engineer's Estimate: $210,275.00 Bidder Product Estimated Bid Quantity Unit Price Total Bituminous $1.85 $9,250.00 Materials & Supply HFMS-25 5,000 Gallon Des Moines, IA CRS -2P 50,000 Gallon $1.95 $97,500.00 DILUTE CSS- $1.15 $17,250.00 1 15,000 Gallon HFE-300 5,000 Gallon $1.95 $9,750.00 Total $133,750.00 Voice vote -Ayes: Seven. Motion carried. 145728 - Schmitt/Amos Page 5 that "Resolution approving awarding bid to Bituminous Materials & Supply, L.P., of Des Moines, Iowa in the amount of $133,750 for Asphalt Emulsions in conjunction with the City's Recycled Asphalt Paving Program and authorize the Mayor and City Clerk to execute said document", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Morrissey questioned how far in advance the city will know when the materials will be used. Sandie Greco, Interim Public Works Director, explained Big Rock Road and Fairview Avenue will be worked on first. Resolution adopted and upon approval by Mayor assigned No. 2017-588. 145729 - Lind/Welper that proof of publication of notice of public hearing on sale and conveyance of city owned property generally located at 1606 Williston Avenue, in the amount of $10,005, to Roberto and Florentina Castro, as published in the Waterloo Courier on July 14, 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. Todd Obadal, 124 Amity Drive, questioned if this is a 657A property and if a court decision has been made to transfer property, and commented that he believes the transfer has not taken place and the public notice does not mention that it is a 657A property. Noel Anderson, Community Planning and Development Director, commented that the City did file under 657A to take possession of the property and is now in the process of selling it to the individual. Dave Zellhoefer, City Attorney, explained the Iowa Code sections that apply to selling 657A properties. 145730 - Lind/Welper that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145731 - Lind/Welper July 24, 2017 Page 6 that "Resolution authorizing sale and conveyance of city owned property generally located at 1606 Williston Avenue, in the amount of $10,005, to Roberto and Florentina Castro 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. 2017-589. 145732 - Lind/Welper that "Resolution approving Development Agreement with Roberto and Florentina Castro and authorize Mayor and City Clerk to execute said agreement", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-590. 145733 - Welper/Amos that proof of publication of notice of public hearing on request by Jason Grimm to purchase city owned property generally located adjacent to 157 University Avenue, in the amount of $2,000, as published in the Waterloo Courier on July 14, 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. 145734 - Welper/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 145735 - Welper/Amos that "Resolution authorizing sale and conveyance of city owned property generally located adjacent to 157 University Avenue, in the amount of $2,000, to Jason Grimm 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. 2017-591. 145736 - Welper/Amos that "Resolution approving Development Agreement with Jason Grimm and authorize Mayor and City Clerk to execute said agreement, and rescinding Resolution No. 2017-499 originally approved on June 26, 2017", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-592. 145737 - Morrissey/Powers that proof of publication of notice of public hearing on request by P and H, LLC to vacate, sell and convey a portion of East San Marnan Drive right-of-way, adjacent to 121-129 East Tower Park Drive, as published in the Waterloo Courier on July 14, 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. Todd Obadal, 124 Amity Drive, questioned what code section allows the city to sell the property without bid. Noel Anderson explained that the city has followed Iowa Code §306.23 and can now sell the property. 145738 - Morrissey/Powers July 24, 2017 Page 7 that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145739 - Morrissey/Powers that "an Ordinance approving a request to vacate a portion of East San Marnan Drive right-of-way located adjacent to 121-129 East Tower Park Drive", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested an overview and questioned the timeliness of the development. Noel Anderson explained that they are increasing the parking on the back side to help with expanding their business and that it would be best to complete the project while the weather is good. 145740 - Morrissey/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 145741 - Morrissey/Welper that "an Ordinance approving a request to vacate a portion of East San Marnan Drive right-of-way located adjacent to 121-129 East Tower Park Drive", 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. 5408. 145742 - Morrissey/Welper that "Resolution authorizing sale and conveyance of a portion of East San Marnan Drive right-of- way located adjacent to 121-129 East Tower Park Drive, to P and H, LLC, in the amount of $1.00, and authorize Mayor and City Clerk to execute necessary documents", be adopted. Roll call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-593. RESOLUTIONS 145743 - Amos/Morrissey that "Resolution approving submission of grant application for a FY 2017 Historic Preservation Fund - Underrepresented Communities Grant from the National Park Service, in the amount of $50,000, to perform a National Register Survey of the Triangle District and authorize Mayor and City Clerk to execute all necessary documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-594. 145744 - Amos/Morrissey that "Resolution approving extension of a moratorium for a period of three (3) months, ending on October 31, 2017, on the issuance of a Special Permit or License for the establishment of any new recycling, junk, or salvage yards", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested an overview of the item. Noel Anderson explained that the city is working on modifications to the zoning ordinance and that the department had a request from recycle yard owners to incorporate the ICARE Program. The department has been working to ascertain how to best incorporate the program and are looking to bring it to council in August or September. July 24, 2017 Page 8 Mr. Morrissey commented that Ward 3 has had issues in the past with salvage yards attempting to start up in that area and that the citizens that live in the area are against establishing any new salvage yards in that part of town. Resolution adopted and upon approval by Mayor assigned No. 2017-595. 145745 - Amos/Morrissey that "Resolution approving acceptance of U.S. Department of Transportation and Federal Aviation Administration Grant No. 3-19-0094-045-2017 in the amount of $2,655,686 for the Pavement Reconstruction of Taxiway Charlie, Pavement Joint Seal Repair and Crack -Seal Maintenance on Runway 12/30, and Airfield Painting Improvements projects at the Waterloo Regional Airport, and authorize the Mayor, City Attorney, and Airport Director to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-596. 145746 - Lind/Amos that "Resolution approving Memorandum of Understanding between INRCOG and the City of Waterloo, for grant writing services related to a REAP grant application not to exceed $200,000 to be used for Castle Bluffs Park Improvements, and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-597. 145747 - Lind/Amos that "Resolution authorizing submission of a Resource Enhancement and Protection (REAP) Grant application, not to exceed $200,000 for Improvements at Castle Bluffs Park, and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dreyer, 3145 W. 4th Street, questioned if the city is going to pay INRCOG $200,000 to write the grant. Paul Huting, Leisure Services Director, explained that INRCOG will receive 1.5% of the total amount, up to $3,000, if the grant is awarded. Resolution adopted and upon approval by Mayor assigned No. 2017-598. 145748 - Lind/Amos that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by GameTime c/o Cunningham Recreation of Charlotte, North Carolina, at a total cost of $43,992.41 in conjunction with the FY 2017 Highland Park Playground Project", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-599. 145749 - Morrissey/Amos that "Resolution approving a Customer Agreement with Gatso USA, Inc. of Beverly, Massachusetts, for a fee of $36.00 per paid citation for ATE (Automated Traffic Enforcement) services to the City of Waterloo, and authorize the Mayor and City Clerk to execute said documents", be adopted. Item tabled until August 7, 2017. Mr. Welper stated that a citizen called him to ask that the cameras be explained. Dan Trelka, Chief of Police, explained the cameras. Jim Chapman, 224 Bertch, explained that he is opposed to the cameras and that the cameras should be placed in high crime areas. July 24, 2017 Page 9 Wayne Nathem, 548 Cloverdale, expressed concern that the cameras are more for revenue than safety. Mayor Hart questioned who controls the length of yellow traffic lights. Dan Trelka explained that the city controls the length of yellow light times. Don Share, 1415 Downing Avenue, commented that he does not support red light cameras because the fines are not enforceable in court. Dan Trelka explained that mechanisms are in place to collect the fines and that police can do an investigation to determine who is responsible. Mayor Hart questioned if the city pays anything on uncollected fines. Dan Trelka explained the contract is for each paid citation. Terry Stevens, 1629 Ackermant, questioned what neighborhoods would have the cameras, and feels that cameras should be placed outside the government offices. Dan Trelka explained that thirteen intersections have been identified and that the intersections are typically located in business districts and downtown. Mayor Hart questioned if they are typically placed in high traffic volume areas. Dan Trelka explained the decision is driven by current crash data. Mr. Schmitt questioned where the city's portion of the revenue will be located. Dan Trelka explained that the revenue will go to the general fund and he would like to use it for three additional police officers or tax relief. Mr. Schmitt questioned when the use of funds would be identified. Dan Trelka explained that they would like to wait one year prior to identifying a use of the funds. Mr. Morrissey questioned if item 12 should be tabled prior to passing the ordinance. 145750 - Morrissey/Schmitt Motion to table until after the corresponding ordinance is approved. Roll call vote -Ayes: Five. Nays: Two (Lind and Welper). Motion carried. Mr. Morrissey questioned what Gatso gets for a fee from other communities who have red light cameras. Mayor Hart explained that this item has been tabled, and further discussion regarding fee schedules will need to take place when the third reading of the ordinance comes before to council. 145751 - Morrissey/Amos that "Resolution accepting a donation of property from Wells Fargo to the City of Waterloo Community Development for property generally described as 418 Lane Street, with a $15,000 seller concession /cash contribution to assist with asbestos removal and demolition costs", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dreyer, 3145 W. 4th Street, questioned the cost of demolition and asbestos removal. Noel Anderson explained the costs will be covered by the sale price. Resolution adopted and upon approval by Mayor assigned No. 2017-600. 145752 - Morrissey/Amos July 24, 2017 Page 10 that "Resolution approving award of contract to Lodge Construction, Inc., of Clarksville, Iowa in the amount of $39,792.70 and approving the contract, bonds and Certificate of Insurance for the FY 2018 Ash Street Drainage Improvements, Contract No. 936 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. 2017-601. 145753 - Schmitt/Amos that "Resolution approving Reconstruction and Overlay Street Improvement lists for 2018", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-602. 145754 - Schmitt/Amos that "Resolution approving Sub -recipient Agreements with the University of Northern Iowa Foundation in the amount of $43,500, Blue Zones in the amount of $55,000 and Tri -County Head Start in the amount of $1,500 for the Healthy H2O Loo Project, and authorizing Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Cheryl Christiansen, 1702 E. Mitchell, questioned why the city is paying Blue Zones. Mayor Hart explained this from a national grant and therefore the city is not paying anything. Mr. Schmitt requested an overview of the grant. Mayor Hart explained the purpose of the grant. Mr. Schmitt questioned how this incorporates the University of Northern Iowa Foundation. Mayor Hart explained the UNI Foundation portion is in conjunction with Wheaton Franciscan. Michelle Weidner, Chief Financial Officer, explained that the Foundation is serving as the fiscal agent for the Fruit and Veggie Voucher Program for Wheaton Franciscan to disperse the funds. Mr. Lind questioned if the city is receiving $3,000 or $5,000 dollars. Michelle Weidner explained the city is not retaining any funds. Resolution adopted and upon approval by Mayor assigned No. 2017-603. ORDINANCES 145755 - 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 second time. Roll call vote - Ayes: Seven. Motion carried. Jim Chapman, 224 Bertch, questioned if this is connected with the cameras and questioned what would happen if a car does not have a license on the front of the car. Dan Trelka explained that this will be one part of enforcement and that state law requires vehicles to have a license plate on the front and back of the vehicle. David Dreyer, 3145 W. 4th Street, commented that cameras used to take a picture of the front of the vehicle and the driver, to prove who was driving the vehicle. Mr. Jacobs questioned the duration of the contract and if the ordinance will be enforceable. July 24, 2017 Page 11 Mayor Hart questioned if the company makes presentations to communities. Dan Trelka explained that the company would help educate the community and that the contract is for three years with an option to opt out. Dorian Grubaugh, GATSO, commented on the legality of the automated traffic enforcement and explained that the contract would automatically terminate at such time it is no longer legal. He further explained that the city is in complete control of the system. Mr. Jacobs questioned if the ticket will affect driving records and how collections will be handled. Dorian Grubaugh explained that the tickets do not effect driving records as they will be civil tickets and not through the state. Collections are handled by collection agencies. Mr. Jacobs questioned if this will affect credit scores. Dorian Grubaugh explained that three payment notices are sent out, and then it would be up to the city whether to send it to collections. Mr. Powers questioned if their company changes yellow light timing. Dorian Grubaugh explained that the company does not change the yellow or red light time, but that their equipment would need to tap into the wiring to time for ticketing purposes. Mr. Powers questioned if they do business in Chicago. Dorian Grubaugh commented that GATSCO does not do business in Chicago but does so in Illinois. Mr. Morrissey questioned how they handle vehicles that have dealer license plates or temporary tags. Dorian Grubaugh provided an explained how those situations are handled. Rick Grimm, 426 Eureka Street, questioned if this will be issuing tickets on yellow lights or just red lights. Dan Trelka confirmed just red lights. 145756 - 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 (Jacobs, Amos, Schmitt). Motion failed. 145757 - Morrissey/Amos 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 considered and passed for the third time and adopted. Roll call vote -Ayes: Seven. Motion carried. Jim Chapman, 224 Bertch, questioned how the ordinance will be enforced when the current ordinance is not being upheld at the county level. Dan Trelka explained that the ordinance is working well. He has moved forward with 29 citations and the judge has only not upheld one. Lawrence Wheeler, 433 Bratnober, explained that he would like to see the fireworks chronic issues limited, especially fireworks at Bucks Stadium, as the power of the fireworks sound have damaged his property. Ordinance adopted and upon approval by Mayor assigned No. 5409. 145758 - Welper/Amos July 24, 2017 Page 12 that the council adjourn to Executive Session at 6:59 p.m. Roll call vote -Ayes: Seven. Motion carried. Dave Zellhoefer stated that discussion of the purchase of property is an approved Executive Session topic pursuant to Iowa Code Section 21.5(1)(j)(2017). EXECUTIVE SESSION 145759 - Welper/Lind that the council adjourn Executive Session at 7:17 p.m. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 145760 - Welper/Lind that the Council adjourn at 7:17 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Fe City Cler