HomeMy WebLinkAboutMinutes-4 /24/2017April 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, April 24, 2017. Mayor Pro Tem, Ron Welper in the Chair. Roll
Call: Jacobs, Morrissey, Powers, Lind, Schmitt, and Welper.
Mr. Amos joined the meeting via telephone.
Prayer or Moment of Silence.
Pledge of Allegiance: Bruce Jacobs, Ward 2 Council Member
146322 Schmitt/Lind
that the Agenda, as proposed, for the Regular Session on Monday, April 24, 2017, at 5:30 p.m. and
the Minutes, as proposed, for the Regular Session on Monday, April 17, 2017, at 5:30 p.m.be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
Mayor Pro Tem read a Proclamation declaring April 23 - 29, 2017 as Arbor Week.
Mayor Pro Tem read a Proclamation declaring May 2017 as Historic Preservation Month.
ORAL PRESENTATIONS
Aaron Roberts, 411 Almond, presented information to the city regarding claims of corruption within
the Waterloo Police Department. Roberts claims included correspondence from the Waterloo and
Urbandale police chiefs regarding his family and recommendations he be committed to a mental
health facility.
Jim Chapman, 224 Bertch, questioned financing for the revisions to the television area in the
Council Chambers using bond money as opposed to using Medicacom franchise fees. Michelle
Weidner responded franchise fees are used for operating expenses including police and fire salaries
as there are limited ways to fund those areas, whereas there is another revenue stream for capital
items and that is why that has been chosen. Chapman also questioned his request for a count for the
Park Avenue Bridge. Mr. Welper stated he would get the information to Mr. Chapman.
John Sherbon, 1715 Robin Road, questioned why departments are being combined, which will cause
a work overload, rather than hiring and replacing people as they leave or retire and how someone can
possibly be hired that is qualified in seven different fields.
David Dryer, 3145 W. 4th Street, questioned public safety camera expense, collections on unpaid
parking tickets and if fines will actually be collected to pay for the camera expense. Dryer would
like to see cameras placed in high crime areas. Mr. Welper stated at this point the Chief is simply
investigating the potential for cameras at no cost to the City.
Todd Obadal, 124 Amity Drive, commented regarding Chapter 7, Parking Residential Areas, Title 6.
Obadal stated if this is a "New" Chapter 7 then there is no ordinance currently in effect regulating
parking and issuing tickets for violations or collecting fees for permits is illegal as there is no
controlling authority in effect. On this premise, Mr. Obadal requested the $100 collected from Ms.
Jolly, 1155 Hawthorne, for an encroachment application be refunded.
146323 Schmitt/Powers
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
146324 Jacobs/Morrissey
that the following items on the consent agenda be received, placed on file and approved and item
Mr. Lind requested item 4. be considered and voted on independent of the Consent agenda.
Michelle Weidner requested item 5. also be considered independent of the Consent agenda as it
coincides with item 4.
April 24, 2017 Page 2
a. Resolution to approve the following:
1. Resolution approving Finance Committee Invoice Summary Report, dated April 24, 2017, in
the amount of $2,394,372.15, 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 Pro Tem assigned No. 2017-289.
2. Resolution approving abatement of assessments listed on Exhibit A, and authorize City Clerk
to notify Black Hawk County Treasurer of said cancellation.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-290.
3. Resolution approving request of Jill Kraayenbrink for a waiver for a concrete driveway to be
located at 308 Lewis 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 Pro Tem assigned No. 2017-291.
4. Resolution setting date of public hearing as May 8, 2017, for a request by Village Properties
LLC, to enter into a development agreement to vacate, sell and convey a rectangular portion
of public alley right-of-way, located adjacent and north of 1118 Ansborough Avenue for
$1.00, and instruct City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-292.
b. Motion to approve the following:
1.
b
a.
b.
c.
d.
e.
f.
g.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Bob Osgood, Chief
Plumbing Inspector
IAPMO 88th Annual
Education and Business
Conference (IA Association
of Plumbing and
Mechanical Officials)
Anchorage,
AK
September
24-29,
2017
$575.00
Captain Mohlis
Public Information Officer
(PIO) Training Conference
Aurora, CO
May 7-10,
2017
$1,773.00
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Basal Wood Fired Pizza,
223-225 W. 4th Street
C Liquor
w/Outdoor Service
New
4/30/2018
Cork's Grocery, 1956
Lafayette Street
C Beer
Renewal
4/30/2018
X
Dollar General Store
#10073, 3 815 University
Avenue
B Wine / C Beer
Renewal
2/28/2018
X
Half Pint Saloon, 1831
Independence Avenue
C Liquor
w/Outdoor Service
Renewal
4/18/2018
X
Iry Warren Memorial Golf
Course, 1000 Fletcher
Avenue
Special Class C
Liquor w/Outdoor
Service
Renewal
3/31/2018
X
Panchero's Mexican Grill,
2845 Crossroads Blvd.
B Beer w/Outdoor
Service
Renewal
3/31/2018
X
Sam's Club #6514, 210 E.
Tower Park Drive
B Wine / C Beer / E
Liquor
Renewal
2/28/2018
X
April 24, 2017 Page 3
3. Bonds.
Roll call vote -Ayes: Seven. Motion carried.
Mr. Lind question the amounts bonded for Martin Road and Project 124.
Noel Anderson, Community Planning and Development Director, explained these monies are for the
Deer Creek Agreement for infrastructure improvements around the Greyhound Park site and removal
of the windows on the bridge canopy project.
146325 Lind/Schmitt
to amend Project No. 248, diverting $20,000 to Project No. 149 to purchase Tasers for the Police
Department. Roll call vote -Ayes: Three. Nays: Powers, Amos, Welper, Morrissey. Motion failed.
Mr. Morrissey stated his objections to the proposed amendment in that Project No. 248 is a sidewalk
infill project for The Safe Routes to School Program.
Mr. Schmitt questioned where the infill section is located.
Mr. Morrissey commented the infill project was in the Hoover School area.
Mr. Jacobs commented the amendment has merit and expressed his support, as security is a concern
in his ward.
Mr. Morrissey, Mr. Jacobs, Mr. Powers made comments regarding procedures for development of
the Capital Improvement Projects (CIP) plan and lack of council input or discussion.
Mr. Welper commented he believed this is something the council members need to address with the
Mayor.
Mr. Morrissey questioned if the vote could be postponed for a few weeks in order to allow further
review and discussion.
Michelle Weidner, Chief Financial Officer explained this would present problems in the bonding
process as the schedule has already been set. Weidner stated the process started in November to
develop the plan and department heads requested input from council members at that time. Weidner
stated small changes could be made to the project allocations after this is approved.
Noel Anderson, Community Planning Development Director, reviewed the timeline and steps taken
to develop the CIP plan. Anderson suggested Council members address their concerns regarding the
development process with the Mayor or himself for future plans.
Mr. Jacobs asked if the council could consider a follow-up meeting this week and then approve the
CIP.
Mr. Welper explained the Mayor would be out of town all week.
Mr. Lind stated he would be in support of this if there were so kind of promise that small changes
could be looked at regarding reallocating some funds and that he also has some concerns with the
process this year.
Michelle Weidner further addressed the bonding process including timelines, bonding schedules,
interest rates, bond ratings and potential expenses the City would incur if the Plan were not approved
at this meeting.
Mr. Powers requested the process start earlier this year and that the Council be included in the
process as that was not done this year and expressed his support for this year.
146326 Lind/Powers
April 24, 2017 Page 4
that "Resolution Electing Classifications and Procedures for proposed Bond Projects as listed in the
requested Waterloo Project Allocations 2017 Bond Issue Summary for the FY2018 Projects", be
approved. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-293.
146327 that "Resolution setting date of public hearing as May 8, 2017 on the proposed issuance of the
following bonds for project classifications and instruct the City Clerk to publish said notice. (Details
on projects covered by each hearing are on file for review), be approved. Roll call vote -Ayes:
Seven. Motion carried.
Resolution Fixing Date for a Meeting on the Proposition of the Issuance of not to Exceed $200,000
General Obligation Bonds (ECP -2), (For Essential Corporate Purposes).
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-294.
Resolution Fixing Date for a Meeting on the Proposition of the Issuance of not to Exceed $700,000
General Obligation Bonds (GCP-3), (For Essential Corporate Purposes).
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-295.
Resolution Fixing Date for a Meeting on the Proposition of the Issuance of not to Exceed $700,000
General Obligation Bonds (GCP-4), (For Essential Corporate Purposes).
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-296.
Resolution Fixing Date for a Meeting on the Proposition of the Issuance of not to Exceed $500,000
General Obligation Bonds (GCP-5), (For Essential Corporate Purposes).
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-297.
Resolution Fixing Date for a Meeting on the Proposition of the Issuance of not to Exceed $700,000
General Obligation Bonds (GCP-6), (For Essential Corporate Purposes).
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-298.
Resolution Fixing Date for a Meeting on the Proposition of the Issuance of not to Exceed $3,000,000
General Obligation Bonds (ECP/UR-7), (For Essential Corporate Urban Renewal Purposes).
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-299.
PUBLIC HEARINGS
146328 Schmitt/Lind
that proof of publication of notice of public hearing on request by Mark White Construction on the
behalf of Fusion Real Estate, LLC, for a Site Plan Amendment to the "C -P" Planned Commercial
District, to allow for the construction of an 12,000 square foot, indoor dance studio, with a 51 -stall
parking lot, located north of 1730 West Ridgeway Avenue, as published in the Waterloo Courier on
April 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 Pro Tem called for written and oral
comments and there were none.
146329 Schmitt/Lind
that the hearing be closed and recommendation of approval of the Planning, Programming and
Zoning Commission be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
146330 Schmitt/Powers
April 24, 2017 Page 5
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 rezone of certain
property", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes:
Seven. Motion carried.
Mr. Schmitt questioned the timeline on the project.
Noel Anderson reported the developer is hoping to obtain a permit very quickly and there's no
opposition by the neighboring property owners.
146331 Schmitt/Lind
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Seven. Motion carried.
146332 Schmitt/Lind
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 rezone of certain
property", 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 Pro Tem assigned No.5397.
146333 Lind/Schmitt
that proof of publication of notice of public hearing on sale and conveyance of city owned property
located west of 2010 West Ridgeway Avenue (Denso), to Kwik Trip, Inc. in the amount of $1.00,
and approving Development Agreement and Offer to Purchase, as published in the Waterloo Courier
on April 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 Pro Tem called for written and oral
comments.
Mr. Gary Tielebein, 738 May Street, questioned if there would be bio -diesel contamination to
Huffman Produce.
Noel Anderson commented regarding land use perspective, being zoned heavy industrial, DNR
requirements and intended use when purchased by the City.
Wade Dumond, Kwik Trip, Inc., commented regarding the use, fuel product and safety mechanisms.
Mr. Dumond stated contamination risk is lower at this site compared to a commercial site as the
employees are specifically trained for handling the products and procedures. He explained this site
has less vapor compared to a commercial site because the connection points are closed and at a
commercial site there are open connections between the nozzle and a vehicle.
Mr. Jacobs thanked Mr. Dumond for his interest in Waterloo and believes Kwik Star has a good
safety record and has proven that this site would produce less, vapor than a commercial site.
Mr. Lind commented, as vapors dissipate rather quickly there's a remote chance of contamination to
farm fields.
Mr. Morrissey questioned the previously planned site, neighbors having concerns and leakage
precautions.
Mr. Dumand commented on the safety measures followed regarding double walled tanks to prevent
any leakage or runoff contamination.
Noel Anderson commented regarding the move to the heavy industrial property to avoid residential
properties and that there is one home in the area that the City may want to consider purchasing in the
future as eventually it will be surrounded by industrial activity.
April 24, 2017
Page 6
Mr. Powers commented that he has spoken with the owners of Farr Beverage and they are not
opposed to this project.
Kevin Everding, 617 Cambell, commented he was opposed to selling the property for $1.00 when
the land is worth a half a million dollars.
146334 Lind/Powers
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
146335 Lind/Powers
that "Resolution approving a Purchase Agreement between Kwik Trip, Inc. of LaCrosse, Wisconsin
and the City of Waterloo, Iowa, for the purchase of city owned property located west of 2010 West
Ridgeway Avenue, in the amount of $1.00, and authorize Mayor Pro Tem to execute said
agreement", be adopted. Roll call votes -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-300.
146336 Lind/Powers
that "Resolution approving sale and conveyance of city owned property located west of 2010 West
Ridgeway Avenue (Denso), to Kwik Trip, Inc. of LaCrosse, Wisconsin, in the amount of $1.00,
and authorizing Mayor Pro Tem and City Clerk to execute necessary documents", be adopted. Roll
call votes -Ayes: Seven. Motion carried.
Mr. Lind questioned if this was the standard development policy for this type of agreement.
Noel Anderson agreed that this is the normal economic policy of the City of Waterloo.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-301.
146337 Lind/Powers
that "Resolution approving a Development Agreement between Kwik Trip, Inc. of LaCrosse,
Wisconsin and the City of Waterloo, Iowa, for the development of property located west of 2010
West Ridgeway Avenue, and authorize Mayor Pro Tem to execute said agreement", be adopted.
Roll call votes -Ayes: Seven. Motion carried.
Mr. Lind questioned water and sewer infrastructure costs to the City.
Noel Anderson commented that infrastructure was provided for this 26 acre parcel and therefore it is
provided to the Denso property along with future projects. He commented further regarding plans
for providing sewer and that no other tax incentives are being provided to Denso.
Mr. Lind questioned the cost of the land originally.
Noel Anderson replied that the land was originally purchased for $7,200 per acre.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-302.
146338 Morrissey/Powers
that proof of publication of notice of public hearing on sale and conveyance of city -owned property
located at 1330 Scott Avenue to Tim Moyer in the amount of $28,000 and approve development
agreement, as published in the Waterloo Courier on April 19, 2017, be received and placed on file.
Voice vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor Pro Tem called for written and oral
comments.
April 24, 2017 Page 7
Forrest Dillavou, 1725 Huntington Road, commented that the sale of this City owned property for
$28,000 was generated by opening up the sale of the property to citizens and feels the City should do
this more.
146339 Morrissey/Powers
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
146340 Morrissey/Powers
that "Resolution authorizing sale and conveyance of 1330 Scott Avenue to Tim Moyer for $28,000,
and authorize City Attorney to prepare and deliver deed accordingly", be adopted. Roll call votes -
Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-303.
146341 Morrissey/Powers
that "Resolution approving Development Agreement and authorize Mayor Pro Tem and City Clerk
to execute said agreement", be adopted Roll call votes -Ayes: Seven. Motion carried
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-304.
146342 Schmitt/Lind
that proof of publication of notice of public hearing on F.Y. 2017 Flood Control Gatewell Repairs,
Contract No. 918, as published in the Waterloo Courier on April 10, 2017, be received and placed on
file. Voice vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor Pro Tem called for written and oral
comments and there were none.
146343 Schmitt/Lind
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
146344 Schmitt/Lind
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 Pro Tem assigned No. 2017-305.
146345 Schmitt/Lind
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-306.
146346 Schmitt/Lind
Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review.
Bidder
Bid Security
Bid Amount
Peterson Contractors, Inc.
Reinbeck, IA
5%
$221,066
Tricon Construction Group
Dubuque, IA
5%
$378,000
Ricklefs Excavating, Ltd.
Anamosa, IA
5%
$288,000
April 24, 2017 Page 8
WRH, Inc'
5%
$229,500
Amana, IA.
Voice vote -Ayes: Seven. Motion carried.
146347 Lind/Powers
that proof of publication of notice of public hearing on FYE2017 Budget Amendment, as published
in the Waterloo Courier on April 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 Pro Tem called for written and oral
comments.
John Sherbon, 1715 Robin Road, questioned specifics of budget amendment.
Michelle Weidner explained the amendment addressed expenses for health claim costs that were not
budgeted as the council had agreed to use restricted health care reserves for some health claims
submitted in order to keep the current taxes lower. Since it was not included in the budget at that
time it now has to be incorporated into the budget via the budget amendment. Liability insurance
claims will also be paid through this amendment.
Mr. Lind asked that the council be provided with a list of healthcare and liability claims submitted
for this year.
Michelle Weidner stated she would provide what information she was allowed to provide regarding
healthcare claims. She further explained bills for claims are included in the resolution bills.
Mr. Lind asked that this be provided in a spreadsheet.
146348 Lind/Morrissey
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
146349 Lind/Powers
that "Resolution approving FYE2017 budget amendment", be adopted. Roll -call vote -Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-307.
146350 Morrissey/Powers
that proof of publication of notice of purchase of one (1) automated side -load garbage truck for the
Sanitation Department, as published in the Waterloo Courier on April 10, 2017, be received and
placed on file. Voice vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor Pro Tem called for written and oral
comments.
David Dryer, 3145 West 4th Street, questioned why the City continued to purchase new vehicles and
the rotation schedule.
Sandi Greco, Interim Public Works Director, commented that all public works vehicles are on a
rotation schedule and that these purchases fall in line with that schedule.
Michelle Weidner commented that City vehicles are not like personal vehicles in that the hours,
miles and type of driving wears harder than daily personal driving.
146351 Morrissey/Lind
April 24, 2017 Page 9
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
146352 Morrissey/Lind
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Mr. Lind requested a copy of the side -load garbage truck study performed by the Public Works
Department.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-308.
146353 Morrissey/Lind
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-309.
146354 Morrissey/Powers
Motion to receive and file and instruct City Clerk to read bids and refer to Interim Public Works
Director for review.
Bidder
Bid Amount
Harrison Truck Center
$240,573.00
Elk Run Heights, IA
$233,659.00
Cedar Rapids Truck Center, Inc.
Cedar Rapids, IA
$231,250.00
Custom Truck Inc.
Sioux Falls, SD
$239,798.88
Mr. Jacobs questioned if local vendors were given preference.
Mr. Welper responded bids are awarded by lowest bidder.
Voice vote -Ayes: Seven. Motion carried.
Mr. Lind announced the hearing on the purchase of two (2) compact pickup trucks for the
Engineering Department has been cancelled due to no bids received.
RESOLUTIONS
146355 Morrissey/Powers
that "Resolution approving the FY2018 Ambulance Fee Schedule", be adopted. Roll call vote -Ayes:
Seven. Motion carried.
Pat Treloar, Fire Chief, reviewed the procedure for setting the Fee Schedule as determined by Blue
Cross/Blue Shield and that the department would see about a $20,000 revenue increase from last
year.
Mr. Schmitt questioned if the increased revenues are reflected in the new budget
Pat Treloar explained that due to the timing of when he receives the schedule, the additional
revenues were not included in the budget although they did experience a slight increase in last year's
revenue also.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-310.
146356 Morrissey/Powers
April 24, 2017 Page 10
that "Resolution approving Agreement with Cedar Valley Catholic Schools allowing use of
Bontrager Park for football practice, and authorize Mayor Pro Tem and City Clerk to execute said
agreement", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Mr. Schmitt questioned if this was discussed with West High for sharing this space.
Paul Hutting responded both Waterloo Community and the Catholic Schools administration were
included in this discussion and they will be working together on this project.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-311.
146357 Morrissey/Powers
that "Resolution approving a one year farm lease agreement for 2017 with Doug Bruns to farm
approximately 28.4 acres of land generally located south of Highway 20 and west of Kimball
Avenue for a total yearly payment of $800.00 and authorize Mayor Pro Tem and City Clerk to
execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-312.
146358 Schmitt/Morrissey
that "Resolution approving award of contract to Gametime C/O Cunningham Recreation of
Charlotte, North Carolina, in the amount of $44,855.86; and approving the Contract, Bonds, and
Certificate of Insurance for the FY2017 Highland Park Playground Project; and authorize Mayor Pro
Tem and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-313.
146359 Schmitt/Morrissey
that "Resolution approving the Nevada Street Railroad Crossing Surface Repair Agreement, with the
Iowa Department of Transportation and the Chicago Central and Pacific Railroad Company, for the
repair of one surface crossing totaling 78 -lineal feet, for a project total of $133,389 with the city's
cost at $27,177.80", be adopted. Roll call vote -Ayes: Seven. Motion carried.
David Dryer, 3145 W. 4th Street, questioned if the railroad Crossing projects are in the budget how is
the City paying for the repairs?
Eric Thorson, City Engineer, responded the crossings are repaired through a State program where the
State pays 60%, of the costs and the Railroad and City each pay 20% of the costs. The City's portion
is budgeted through Local Option Sales Tax Revenues.
David Dryer questioned how Local Option Sales Taxes can be used when it is only to be used for
street repairs.
Eric Thorson responded railroad crossings are considered street repairs as they are part of the street
and need continued maintenance.
Mr. Jacobs commented the UNI football team not only raised money, but helped to construct that
park.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-314.
146360 Schmitt/Morrissey
that "Resolution approving the East 4th Street Railroad Crossing Surface Repair Agreement with the
Iowa Department of Transportation and the Chicago Central and Pacific Railroad Company, for the
repair of three surface crossings totaling 288 -lineal feet, across the Canadian National Railroad
Yard, for a project total of $394,123, with the city's cost at $79,824.60", be adopted. Roll call vote -
Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-315.
April 24, 2017 Page 11
146361 Lind/Powers
that "Resolution awarding bid in the amount of $117,794.65 to Pritchard Auto Company of Britt,
Iowa, for one (1) service truck for the Sewer Department", be adopted. Roll call vote -Ayes: Seven.
Motion carried.
Mr. Lind questioned if they were voting on all or none.
Mr. Schmitt questioned if the $30,000 Police award is for events and it was his understanding that
events were to fund themselves
Dan Trelka, Police Chief, responded the money would be for some events, but if the events did not
totally fund themselves, that is how this money would be spent.
Michelle Weidner read the events scheduled by the police department that may require use of these
funds.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-316.
146362 Lind/Powers
that "Resolution approving award of hotel/motel tax council discretionary funds to the Bosnian
Cultural Foundation in the amount of $10,000, the Waterloo Homecoming Association in the
amount of $10,000, Main Street Waterloo in the amount of $10,000, Leisure Services Golf in the
amount of $10,000, North End Cultural Center in the amount of $5,000, Aspire Therapeutic Riding
Program in the amount of $8,000, and the Waterloo Police Department in the amount of $30,000, be
adopted. Roll call vote -Ayes: Four. Nays: Schmitt and Lind. Abstain: Morrissey. Motion carried.
Mr. Schmitt stated he is voting no on this measure, as there are items he does not feel follow the
guidelines under his understanding of how hotel/motel taxes are to be used.
Mr. Morrissey stated he is voting yes on the measure, but will need to abstain on the Main Street part
of the item.
Mr. Lind questioned whether Mr. Morrissey needed to abstain from the entire measure or just the
Main Street item.
Dave Zellhoefer stated he did not have a perfect answer, but that he felt Mr. Morrissey would need
to abstain on it entirely.
Mr. Morrissey asked that the City Attorney do some research and come back with an answer
regarding this procedure, for future reference, and will keep his vote as -is.
Mr. Lind stated he was voting no on this measure, as some of the organizations listed do not deserve
this kind of money.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-317.
146363 Morrissey/Powers
that "Resolution approving conflict of interest waiver between the City of Waterloo and Ahlers &
Cooney, P.C. for work on a 28E Agreement between Hawkeye Community College and the City of
Waterloo", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Mr. Lind requested the council have a work session to review the 28E agreement prior to approving
this resolution and waiving the conflict of interest agreement.
Dave Zellhoefer explained the resolution would acknowledge Ahlers & Cooney disclosing their
conflict of interest in that they are working for Hawkeye Community College and that they have also
performed services for the City of Waterloo in the past and continue to work with the City of
Waterloo, which they have a legal obligation to disclose.
Mr. Lind requested council members be copied on drafts of the agreement as they are presented.
April 24, 2017 Page 12
Mr. Zellhoefer agreed that could be done.
Mr. Amos questioned as an employee of Hawkeye Community College if there was an issue with
him voting on this item.
Mr. Zellhoefer responded no.
Mr. Schmitt questioned the timeline of when it would be determined conflict of interest exists.
Mr. Zellhoefer explained they're aware of and are disclosing no that there is a conflict of interest, as
they're required to do but that this is a basic agreement that is beneficial to both parties, so there's no
reason why they should not be allowed to draft the agreement.
Mr. Schmitt questioned if there's a conflict of interest should we get our own attorney for this
agreement.
Mr. Schmitt questioned if this is so simple why we would be using Des Moines attorneys.
Mr. Zellhoefer explained Ahlers and Cooney is representing Hawkeye Community College.
Michelle Weidner addressed the council to explain Ahlers & Cooney are disclosing conflict because
they're doing other work for the City of Waterloo. We have not hired them to draft this agreement,
they were hired by Hawkeye Community College and Mr. Zellhoefer will most likely represent the
City in drafting the agreement. They're required by law to disclose that Waterloo is or has been a
client at one point or another when they're working with another client and have to deal with the
City of Waterloo along with that client. Weidner stated this will save money in that the City and
Hawkeye want the same thing in the end and that our attorney will be reviewing any agreements.
Mr. Lind questioned if Ahlers & Cooney were the Sunnyside South attorneys.
Mr. Zellhoefer responded yes.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2017-318.
ORDINANCES
146364 Morrissey/Lind
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 considered and
passed for the first time. Roll call vote -Ayes: Seven. Motion carried.
146365 Lind/Schmitt
Motion to amend 6-7-3A2 by deleting the words "effectively screened by a solid fence at least 6 feet
in heighth". Roll call vote -Ayes: Seven. Motion carried.
Forrest Dillavou, 1725 Huntington Road, addressed the council regarding to his objections to the
fencing requirements in the proposed ordinance.
Jerry Hageman, 3052 San Salvidor, read a statement from Bill and Martha Zuck, 3229 Randolph
Street, regarding parking campers in front yard.
Mr. Welper stated campers have been pulled from this ordinance. Mr. Hageman apologized and
stepped down from the podium.
Mr. Welper questioned if Mr. Lind was looking to re -visit the entire ordinance.
Mr. Morrissey stated it was on the agenda for vote.
Mr. Lind commented that he would like to make that small change and proceed.
April 24, 2017 Page 13
Mr. Powers stated Mr. Lind's motion to amend has merit and he supports the motion.
Mr. Schmitt commented the reasoning behind this ordinance was to beautify or clean up the front
areas of the homes, and dictating what a homeowner was doing with or in their back yard within the
law was their business and the motion should be supported.
Mr. Powers commented he agrees with that statement and that any of these ordinances can be
amended at any time if there appears to be problems, violations or issues and he will be supporting
the amendment.
Mr. Welper stated he was on the Council when the International Maintenance Code was adopted and
the building official at that time said addressing parking in the front yard was one thing, but that we
need to stay out of people's back yards.
Kevin Everding, 617 Cambell, questioned if the council was aware there is not a code enforcement
book available to the public for review and the most current one at the library is 2003.
Mr. Welper explained Code enforcement is in the process of completing the revisions to the code as
adopted.
John Sherbon, 1715 Robin Road, commented regarding allowing citizens to make their own choices
on their property instead of passing laws to affect a few and ends up penalizing the masses.
146366 Morrissey/Lind
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Seven. Motion carried.
146367 Morrissey/Schmitt
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", as amended, be
considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven.
Motion carried.
Mr. Morrissey questioned when this ordinance would go into effect.
Mr. Zellhoefer responded the ordinance would go into effect upon publication.
Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 5398.
OTHER COUNCIL BUSINESS
146368 Lind/Powers
that change order #5 and #6 for a total increase of $3,460, to Lodge Construction of Clarksville,
Iowa, in conjunction with the Sherwood Recreation Area, Phase 2 Improvements Project, be
approved. Roll call vote -Ayes: Seven. Motion carried.
Paul Hutting, Leisure Services Director, stated the change orders were expenses relating to flood
repairs at the base of Greenhill Road near the river that is being made into a recreation area. This
was damaged during the flood of 2016. The project also includes increasing the depth of the
concrete in the shelter in the event of additional flooding.
ADJOURNMENT
146369 Powers/Jacobs
that the Council adjourn at 7:40 p.m. Voice vote -Ayes: Seven. Motion carried.
April 24, 2017 Page 14
LeAiin M. Even, CMC, ICMC
Deputy City Clerk