HomeMy WebLinkAboutMinutes-8 /28/ 2017August 28, 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, August 28, 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: Dale Hixon and Terry Brekke of the American Legion.
145890 - Welper/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, August 28, 2017, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
145891 - Welper/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, August 21, 2017, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
Mayor Hart read a Proclamation declaring September 2017 as Attendance Awareness Month.
ORAL PRESENTATIONS
Jim Chapman, 224 Bertch, spoke regarding members of council asking questions about the financing
for the convention center and being criticized for asking questions.
David Dreyer, 3145 W. 4th Street, questioned the difference between Sunnyside South, LLC and
Sunnyside South Addition, LLC; what is the status of Williston Field; and commented on the
amount paid out to Mr. Broadhead for unused benefits.
Randy Herod, 111 Hyland Boulevard, provided a list of questions to council regarding bicycle usage
in the City of Waterloo on the new bike lane on Park Avenue.
145892 - Welper/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
145893 - 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 August 28, 2017,
in the amount of $5,267,237.79 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. 2017-691.
2. Request from Ronald Berry for a waiver for a concrete driveway located at 536 W. Donald
Street and authorizing the construction of a concrete driveway and placing a driveway or
sidewalk on city right-of-way on an unimproved street.
Resolution adopted and upon approval by Mayor assigned No. 2017- 692.
3. Request of East High School to hold their annual Homecoming Parade on September 1, 2017
from 2:00 p.m. to 3:00 p.m., beginning and ending at East High, traveling on Walnut and 4th
Streets.
Resolution adopted and upon approval by Mayor assigned No. 2017-693.
August 28, 2017 Page 2
1.
2.
4. Request of Joyce Oaks on behalf of Highland Neighborhood Association for variance to
Noise Ordinance on Saturday, September 9, 2017 from 5:00 p.m. to 8:00 p.m., in conjunction
with the Highland Neighborhood Reunion & Street Dance event, to be held at the Highland
Square Park, including music and a PA system, together with recommendation of approval of
Captain of Police Services.
Resolution adopted and upon approval by Mayor assigned No. 2017-694.
5. Cancellation of assessments for properties listed on Exhibit A, and authorize City Clerk to
notify Black Hawk County Treasurer of said cancellation.
Resolution adopted and upon approval by Mayor assigned No. 2017-695.
6. Resolution setting date of public hearing as September 11, 2017 to approve a Project
Development Agreement and to approve the sale and conveyance of a portion of West San
Marnan Drive right-of-way, located adjacent to Sunnyside Country Club, in the amount of
$1.00 to Sunnyside South Addition, LLC, and instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-696.
b. Motion to approve the following:
Travel Requests
Name & Address of Business
Class
New or
Renewal
Expiration
Date
Amount
Name & Title of Personnel
Class/Meeting
Destination
Date(s)
not to
Tobacco Outlet Plus #500, 1803
La Porte Road
C Beer
Renewal
10/14/2018
Exceed
Kelley Felchle, City Clerk
2017 Iowa League of
Davenport,
9/27-
$695.48
Cities Annual
IA
29/2017
Conference
Michelle Weidner, Chief
League of Cities Annual
Davenport,
9/27-
$405.00
Financial Officer
Conference
IA
29/2017
Eric Thorson, City
2017 American Public
Dubuque,
10/4-
$450.00
Engineer
Works Association Fall
IA
6/2017
Conference
Matt Chesmore, Jon
Iowa Association of
Waterloo,
10/4-
$1,050.00
Martin, Mark Boesen
Housing Officials Fall
IA
6/2017
Conference
Lance Dunn, Human
Iowa Public Employer
Clive, IA
9/7-
$235.00
Resource Director
Labor Relations
8/2017
Association Fall
Paul Huting, Leisure
Iowa Park and
Carroll, IA
9/11-
$382.00
Services Director
Recreation Association
13/2017
Conference
a.
b.
Approved Beer, Liquor, and Wine Applications
Name & Address of Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Kwik Star #732,324 Fletcher
Avenue
C Beer
Renewal
7/21/2018
x
Tobacco Outlet Plus #500, 1803
La Porte Road
C Beer
Renewal
10/14/2018
x
3. Theatre License Permit Application
• Crossroads 12 Theatre, 2450 Crossroads Boulevard
• Romantix Adult Emporium, 1507 La Porte Road
• Mini Cinema 16, 315 E. 4th Street
• Fantasy Island Amusement, 1850 W. Airline Hwy.
4. Recommendation of Appointment of Angie Fordyce to the position of Community Development
Coordinator, Community Development Department, effective September 11, 2017.
August 28, 2017
Page 3
5. Recommendation of Appointment of Kimberly Bahr to the position of Financial Analyst in the
Finance Department, effective September 11, 2017.
Mr. Schmitt questioned the payout of unused benefits to Ryan Broadhead, public information item
three.
Lance Dunn, Huma Resources Director, explained that the payout provided to Mr. Broadhead was
for unused benefits.
Roll call vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
145894 - Schmitt/Welper
that proof of publication of notice of Amendment to the City of Waterloo Zoning Ordinance No.
5079 to update multiple sections regarding regulations for hobby farms and farm animals, and other
miscellaneous updates, as published in the Waterloo Courier on August 18, 2017, be received and
placed on file. Voice vote -Ayes: Three. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments.
Rick Westphal, 2232 Avon, thanked Planning and Zoning Commissioner Marcia Bundschen, Mr.
Morrissey, and Aric Schroeder, for their work on the ordinance. He explained that he has a neighbor
that has numerous sheep that would be in violation of the ordinance, and asked that the rules be
suspended.
145895 - Schmitt/Welper
that the hearing be closed and oral comments, and recommendation of approval of the Planning,
Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven.
Motion carried.
145896 - Schmitt/Welper
that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance,
by amending Section 10-3-1 Definitions, Section 10-6-1 "A-1 Agricultural District, Section 10-7-1
"R -R" Rural Residence District, Section 10-8-1 "R-1" One and Two Family Residence District,
Section 10-27-1(H)(26) Hobby Farm Special Permit, and Section 10-27-1(U) creating a new section
regulating Urban Animal Hobby Farms (UAHF)", be received, placed on file, considered and passed
for the first time. Roll -call vote -Ayes: Seven. Motion carried.
Mr. Schmitt requested an overview of the ordinance and he has received calls from citizens stating
that the ordinance appears to make the ordinance less restrictive.
Aric Schroeder, City Planner, provided an overview of the proposed ordinance, approval required of
surrounding neighbors for the permit, and noted that these types of ordinances vary significantly
between communities.
Mayor Hart stepped out at 5:53 p.m. and returned at 5:55 p.m.
Mr. Schmitt questioned if this will allow for more hobby farms in the community.
Aric Schroeder explained that it opens up the potential for additional hobby farms in the community
if they have the proper lot size and neighborhood support.
Mr. Schmitt commented that allowing more farm animals in town is not going to enhance the image
of Waterloo and can aggravate relationships between neighbors.
145897- Lind/Schmitt
August 28, 2017 Page 4
to amend 10-27-1(u)(2)(b) and 10-27-1(u)(2)(h) to replace 5,000 with 10,000. Roll call vote -Ayes:
Four. Nays: Three (Morrissey, Powers, Amos). Motion carried.
Mr. Morrissey questioned why change from 5,000 to 10,000.
Mr. Lind commented that he is trying to find a compromise.
Mr. Morrissey explained that the Planning and Zoning Commission has already considered the
suggestion of 10,000 square feet of dedicated space, but in lieu of that, chose to recommend
approval for the reduction in required space to 5,000 square feet and also lower the density of
animals from 4 to 2. He further explained that when the Planning and Zoning Commission gives a
recommendation to approve, it may require a super majority vote by council to amend the item.
Aric Schroeder commented that the zoning ordinance does provide for the Planning and Zoning
Commission to provide a recommendation on amendments and if the recommendations are not
accepted, it takes a super majority vote to pass an ordinance. Questions about whether or not this is
a minor change is not clearly defined in the ordinance. He also recommended including (u)(2)(h) in
the motion, to match the 5,000 square feet in (u)(2)(b).
Mayor Hart questioned if a super majority will be needed to make the amendment.
Noel Anderson commented that a super majority vote would only be needed if the Planning and
Zoning Commission recommends denial.
Mr. Morrissey commented this is contrary to what was previously communicated.
Aric Schroeder explained that the question is whether or not the proposed wording change is
significant enough to warrant a super majority vote.
Mr. Schmitt questioned the previous vote of the Planning and Zoning Commission on this issue.
Aric Schroeder confirmed that before the item was remanded, there was a unanimous
recommendation of approval.
Mayor Hart clarified that no super majority vote is needed.
Mr. Morrissey questioned why two weeks ago council was told a super majority was needed to make
any changes.
Dave Zellhoefer, City Attorney, explained that it would take a simple majority for the vote.
145898 - Welper/Schmitt
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll -call vote -Ayes: Six. Nays: One (Schmitt). Motion carried.
Mr. Schmitt commented that he is not in favor of suspending the rules.
Mr. Morrissey commented on the need to move forward with suspending the rules.
145899 - Schmitt/Welper
that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance,
by amending Section 10-3-1 Definitions, Section 10-6-1 "A-1 Agricultural District, Section 10-7-1
"R -R" Rural Residence District, Section 10-8-1 "R-1" One and Two Family Residence District,
Section 10-27-1(H)(26) Hobby Farm Special Permit, and Section 10-27-1(U) creating a new section
regulating Urban Animal Hobby Farms (UAHF)", be considered and passed for the second and third
times and adopted. Roll -call vote -Ayes: Six. Nays: One (Schmitt). Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5417.
145900 - Lind/Amos
August 28, 2017
Page 5
that proof of publication of notice of public hearing on Lease Agreement with Crystal Distribution
Services, Inc. for the property located at 70-90 Sycamore Street, as published in the Waterloo
Courier on August 18, 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.
John Sherbon, 1715 Robin Road, questioned the amount of asbestos removal and the cost to
demolish the building.
Forest Dillavou, 1725 Huntington Road, questioned if Crystal Distribution will pay taxes on the
property.
Mayor Hart commented that Noel Anderson would provide an overview during the contract
approval.
145901 - Lind/Amos
that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
145902 - Lind/Amos
that "Resolution approving a Lease Agreement with Crystal Distribution Services, Inc. for the
property located at 70-90 Sycamore Street, for $1.00 annually, for a term ending December 31,
2022, and authorizing Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -
Ayes: Seven. Motion carried.
Noel Anderson explained the Development Agreement with Crystal Distribution
Resolution adopted and upon approval by Mayor assigned No. 2017-697.
145903 - Morrissey/Welper
that proof of publication of notice of public hearing on the Sale and Conveyance of City owned
property located at 200 West 4th Street (Convention Center), to LK Holdings Waterloo, LLC with
an amendment to the Development Agreement, as published in the Waterloo Courier on August 18,
2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments.
David Dreyer, 3145 W. 4th Street, commented that he is not against the transaction unless all of the
council has not seen documentation on financing.
Noel Anderson explained that council has the majority of the documentation provided in the council
packet and an additional document will be provided once this action is complete.
Forest Dillavou, 1725 Huntington Road, commented that he attended the public meeting last
Tuesday held by the developer and was shocked to learn that the convention center has not passed a
fire inspection, that FOG drain was not properly connected, and that building has not had a liquor
license for five years.
Todd Obadal, 124 Amity Drive, commented that the city is here to vote on an amendment to a
development agreement and that the public notice for the development agreement is not in order. He
further commented on issues on the lack of maintenance for the convention center.
145904 - Morrissey/Welper
that the hearing be closed and oral comments be received and placed on file. _Voice vote -Ayes:
Seven. Motion carried.
145905 - Morrissey/Welper
August 28, 2017 Page 6
that "Resolution authorizing sale and conveyance of City owned property located at 200 West 4th
Street (Convention Center), to LK Holdings Waterloo, LLC in the amount of $1.00, and authorize
the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Six.
Abstain: One (Jacobs). Motion carried.
Mr. Schmitt thanked Mr. Leslie for providing information at his public meeting and asked that the
staff explain the maintenance at the convention center.
Edwin Leslie, Leslie Hospitality, commented that the hotel had a valid liquor license, which allowed
sales of liquor at the convention center.
Pat Treloar, Fire Chief, commented that inspections have taken place at the convention center on a
yearly basis and they create a punch list of annual items that need to be completed and the city has
worked with the Building Department to work out a feasible plan to get the corrections completed.
He further commented that he would not allow the convention center to be occupied unless it is safe.
Mayor Hart commented on future plans to bring all city buildings to where they need to be.
Resolution adopted and upon approval by Mayor assigned No. 2017-698.
145906 - Morrissey/Amos
that "Resolution approving Amendment to Development Agreement with LK Holdings Waterloo,
LLC, to correct the legal description, and authorize the Mayor and City Clerk to execute said
Agreement", be adopted. Roll -call vote -Ayes: Six. Abstain: One (Jacobs). Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-699.
145907 - Amos/Morrissey
that proof of publication of notice of public hearing on FY 2018 Sidewalk Inspection and Repair
Program — Zone 7, as published in the Waterloo Courier on August 10 and 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.
John Roof, 1509 Commercial, commented that he has approximately 16-18 panels and asked that the
city accept the panels that are currently in place and that they will be doing further construction at
the site and would need to rip up and fix the panels a second time.
Wane Castle, Associate Engineer, explained that he has worked with Mr. Roof and can work with
him on repairing the panels that need to be fixed.
Mayor Hart clarified that the city will work with Mr. Roof on any panels that may pose a danger to
the public.
Wayne Castle commented he does not wish to remove anything from the program, but will work
with Mr. Roof and the contractors to resolve any issues with the remaining panels.
David Dreyer, 3145 W. 4th Street, questioned the divisions of the sidewalk zones.
Eric Thorson, City Engineer, explained the current zone is on the city website and a map is available
at the Engineering Department.
Mack R. Henderson, Jr., 2186 Lafayette, commented on the expense of repairing the sidewalk at his
property.
Mayor Hart stepped out at 6:43 p.m. and returned at 6:43 p.m.
Wayne Castle explained the reason for the cost and that he would work with Mr. Henderson on
getting the sidewalk cleaned and re -inspected.
August 28, 2017 Page 7
Forest Dillavou, 1725 Huntington Road, commented that he would like to see sidewalks be raised, or
mud jacked, in order to help save citizens money.
Mayor Hart stepped out at 6:46 p.m.
145908 - Amos/Morrissey
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
145909 - Amos/Morrissey
that "Resolution authorizing proposed repairs to sidewalk", be adopted. Roll -call vote -Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 2017-700.
145910 - Amos/Morrissey
that "Resolution adopting proposed Resolution of Necessity, as proposed or amended", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 22017-701.
145911 - Schmitt/Amos
that proof of publication of notice of public hearing on FY 2018 Sidewalk Repair Assessment
Program - Zone 7, Contract No. 931, as published in the Waterloo Courier on August 18, 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.
145912 - Schmitt/Amos
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
Mayor Hart returned at 6:48 p.m.
145913 - 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. 2017-702.
145914 - 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. 2017-703.
145915 - Schmitt/Amos
Motion to receive and file and instruct City Clerk to read bids.
Estimate: 330,286.36
Bidder
Bid Security
Bid Amount
B&B Builders & Supply
Waterloo, IA
o
5/0
$355,162.99
Voice vote -Ayes: Seven. Motion carried.
August 28, 2017 Page 8
145916 - Schmitt/Amos
that "Resolution approving award of contract to B & B Builders & Supply of Waterloo, IA in the
amount of $335,162.99, and approving the contract, bonds and certificate of insurance for the FY
2018 Sidewalk Repair Assessment Program - Zone 7, Contract No. 931, 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. 2017-704.
RESOLUTIONS
145917 - Welper/Morrissey
that "Resolution rejecting the bid from Vieth Construction Corporation of Cedar Falls, Iowa, in the
amount of $189,214.30, in conjunction with FY 2018 ADA Bus Stops - Phase I, Contract No. 937",
be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Mr. Lind questioned if the item will be rebid next year.
Eric Thorson, City Engineer, explained that it did come in over budget and they are working to come
up with an alternate plan, including breaking the project into smaller parts.
Mr. Lind questioned if rejecting the bid will result in trouble with the Department of Justice.
Eric Thorson explained that the phase I of the project can be completed in either 2017 or 2018.
Resolution adopted and upon approval by Mayor assigned No. 2017-705.
145918 - Welper/Morrissey
Motion approving final quantity adjustment for a net increase of $62,728.91 for the FY 2017 Bridge
Repairs - 6th Street, 18th Street, and Ansborough Avenue, Contract No. 916, and authorize the
Mayor and City Clerk to execute said document. Roll -call vote -Ayes: Seven. Motion carried.
David Dreyer, 3145 W. 4th Street, requested an explanation of the change order.
Eric Thorson explained that the majority of the increase was for emergency repairs to the Park
Avenue Bridge.
145919 - Welper/Morrissey
that "Resolution approving Completion of Project and Recommendation of Acceptance of Work for
work performed by Jasper Construction Services, Inc. of Newton, IA, at a total cost of $286,638.91
for the FY 2017 Bridge Repairs - 6th Street, 18th Street, and Ansborough Avenue, Contract No. 916,
and receive and file two (2) year maintenance bond", be adopted. Roll -call vote -Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-706.
145920 - Morrissey/Powers
that "Resolution approving award of contract to Tschiggfrie Excavating, of Dubuque, Iowa in the
amount of $108,507.60, and approving the contract, bonds, and certificate of insurance for the FY
2018 Brock 2nd Addition Sanitary Sewer Extension, Contract No. 932, 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. 2017-707.
145921 - Morrissey/Powers
that "Resolution approving Professional Services Agreement with Ament, Inc. of Cedar Rapids,
Iowa, in the maximum amount payable of $81,965 for services related to the FY 2018 Ansborough
August 28, 2017 Page 9
Avenue Improvements, Contract No. 942, 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. 2017-708.
145922 - Morrissey/Powers
that "Resolution approving Construction Plans for Private Sanitary Sewer Extension serving Trent
Lane Condominiums Expansion 2017, as submitted by Wayne Claassen Engineering and Surveying,
Inc. of Waterloo, Iowa, and Sewage Treatment Agreement Department of Natural Resources Form
29 (Nov 00), with the Department of Natural Resources, and the final acceptance of construction
plans subject to the review and acceptance by the Department of Natural Resources, 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. 2017-709.
145923 - Lind/Amos
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 to execute said agreement and rescinding Resolution
No. 2017-302", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-710.
45924 - Lind/Amos
that "Resolution approving submission of a grant application to the Northeast Iowa Community
Foundation, in an amount up to $15,482, to replace ash trees in Miller Park and Leavitt Park", be
adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-711.
OTHER COUNCIL BUSINESS
45925 - Amos/Morrissey
that Change Order No. 1 for a net decrease of ($13,938.50) for the FY 2017 CIP Pipelining Phase
III, Contract No. 919, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion
carried.
45926 - Amos/Morrissey
that Change Order No. 2 for a total increase of $6,000, in conjunction with the Hangar 5
Rehabilitation Project at the Waterloo Regional Airport and authorize the Mayor to execute said
document, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried.
ADJOURNMENT
45927 - Welper/Morrissey
that the Council adjourn at 6:57 p.m. Voice vote -Ayes: Seven. Motion carried.
elley Felch
City Clerk