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HomeMy WebLinkAboutMinutes- 9/18/2017September 18, 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, September 18, 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: Julie Dawson, Housing Authority Director. 145986 - Welper/Schmitt that the Agenda, as amended by adding item number 13, "Resolution approving an Early Access Agreement with Ryan Companies US, Inc., to allow earth exploration and moving activities in preparation of development of the site west of the Northeast Industrial Park, and authorize the Mayor and City Clerk to execute said document", for the Regular Session on Monday, September 18, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 145987 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, September 11, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Hart read a Proclamation declaring September 17-23, 2017 as Constitution Week. ORAL PRESENTATIONS Joyce Wilder, 226 Bates, addressed the council regarding sewer damage to her basement. She stated that she would be turning the claim over to her insurance company and wants to find out who is responsible and if she needs to get an attorney. Jim Chapman, 224 Bertch, questioned if Hawkeye has a program to allow students to do electrical and plumbing work on homes rather than outsource the work. Mr. Welper commented that the question would need to be asked to Hawkeye Community College. Frank Magsman, 1065 Prospect Boulevard, thanked city departments for their assistance with the Honor Flight. Todd Obadal, 124 Amity Drive, commented on an investigation taking place with the county on conflict of interest while a conflict of interest investigation has not taken place on the sale of property with Sunnyside South. He further referenced Iowa Code §72.11. Bob Manning, 2908 W. 3rd Street, Cedar Falls and Cedar Valley Home Builders Association, commented on the French to English program at the Waterloo School District. Mr. Schmitt commented that following discussions with Sandie Greco and Paul Huting a flashing sign was installed and thanked them for their work. 145988 - Welper/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 145989 - Welper/Powers 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 September 18, 2017, in the amount of $2,719,947.10 a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. September 18, 2017 Page 2 Resolution adopted and upon approval by Mayor assigned No. 2017-761. 2. Resolution approving request of Tonia Miller and Maurice Stovall for a variance to the Noise Ordinance No. 3094, on September 30, 2017 from 11:00 a.m. to 9:00 p.m. in conjunction with the End of Summer Block BBQ event, to be held in the 300 block of Boston Avenue, in the Gates Park Neighborhood, including music and food, together with recommendation of approval of Captain of Police Services. Resolution adopted and upon approval by Mayor assigned No. 2017-762. 3. Resolution approving request of Splash of Color Breast Cancer Support Group for a variance to the Noise Ordinance No. 3094, on October 14, 2017 from 6:30 a.m. to 11:00 a.m. in conjunction with the 6th Annual Splash of Color 3K Fundraiser Walk event, beginning and ending at Sullivan Park and traveling on E. 4th, Sumner, Mobile, and Newell Streets, including music and the use of a bullhorn, together with recommendation of approval of Captain of Police Services. Resolution adopted and upon approval by Mayor assigned No. 2017-763. 4. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as October 5, 2017, and date of public hearing as October 9, 2017, for the 2017 Tree Removal Project, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2017-764. 5. Resolution approving request from Marie Herrmann for a waiver for a concrete driveway located at 134 Arizona 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. 2017-765. 6. Resolution approving cancellation of sidewalk assessment for 1700 Hawthorne Avenue in the amount of $144.55, and 1107 Patton Avenue in the amount of $416.29, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2017-766. 7. Resolution approving cancellation of assessment for 1105 Eleanor Drive in the amount of $239.82, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2017-767. 8. Resolution setting date of public hearing as October 2, 2017 to approve a lease agreement with BMC Aggregates, L.C. for property located south of 2465 Wagner Road for extraction of sand and gravel with 3% royalty payments of materials sold with a minimum annual payment of $5,000 for a term ending December 31, 2028, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2017-768. 9. Resolution setting a date of public hearing as October 2, 2017 to approve the request by Marcus Pratt and the Bosnian Islamic Association of Waterloo to vacate, sell and convey a 60 foot x 197 foot portion of Marigold Drive, located to the south of its intersection with Afton Drive, with the retention of a utility easement over, under and across the property in question, and to sell the northeasterly portion of said property to Marcus Pratt for $1.00 and the southwesterly portion of said property to the Bosnian Islamic Association of Waterloo for $770.00, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2017-769. September 18, 2017 1. 2. Page 3 10. Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as October 5, 2017, setting the date of public hearing as October 9, 2017, in conjunction with asbestos abatement services at 1100 Grant Avenue, 216-220 Commercial Street and 919-925 Commercial Street, rescinding Resolution No. 2017-747, and instructing City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2017-770. 11. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as October 5, 2017 and setting a date of public hearing as October 9, 2017, for demolition services at 222 Walnut Street and 216-220 Commercial Street, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2017-771. b. Motion to approve the following: a. b. c. d. a. b. c. d. e. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Jeff Siebel, Commercial Fire Inspector 2017 Fire Prevention & Building Safety Education Conference West Des Moines, Iowa October 24- 27, 2017 $950.00 Greg Ahlhelm, Building Official 2017 Fire Prevention & Building Safety Education Conference West Des Moines, Iowa October 24- 27, 2017 $950.00 Kelley Felchle, City Clerk 2017 IMFOA Conference Des Moines, IA October 18- 20, 2017 $165.00 Jennifer Sparks, Permit Writer ICC Permit Technician Exam International Code Council ICC Residential Plans Examiner Exam Coralville, Iowa September 20, 2017 $398.00 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Newton's Paradise Cafe, 128 E. 4th Street B Native Wine/C Liquor/Outdoor Service/Catering Renewal 09/17/2018 x Brown Derby Ballroom, 618 Sycamore Street C Liquor Renewal 09/30/2018 x Rudy's Tacos -Beer Hall- Lava Lounge, 2401 Falls Avenue C Liquor/Brew Pub Renewal 09/27/2018 Longhorn Steakhouse #5374, 1425 E. San Marnan Drive C Liquor Renewal 08/31/2018 x West Side Liquor, 919 W. 5th Street B Wine/C Beer/E Liquor New 09/01/2018 x 3 Cigarette/Tobacco Permit New Application for URWA, Inc./Independence Liquor & Food, 1761 Independence, Avenue. Mr. Morrissey requested a meeting with Greenbrier residents on item 1 A8 prior to the public hearing. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS September 18, 2017 Page 4 145990 - Schmitt/Amos that proof of publication of notice of Amendment to the Amended and Restated Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, to include additional projects and update related financial information, as published in the Waterloo Courier on September 8, 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, requested an overview of the item and referenced Iowa Code regarding urban renewal and requested an open bidding process for the convention center. 145991 - Schmitt/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145992 - Schmitt/Amos that "Resolution affirming previous determination of an area of the City to be an area of slum and blight and an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment", be adopted. Roll -call vote -Ayes: Six. Abstain: One (Jacobs). Motion carried. Noel Anderson, Community Planning and Development Director, explained that the state law requires an amendment to an urban renewal plan to include a project and that this is not amending the boundary to the TIF district. Mayor Hart questioned if the attachments are available in Novus. Kelley Felchle, City Clerk, confirmed that the attachments are available. Mr. Schmitt requested clarification on the purpose and need for the resolution. Noel Anderson explained that the plan is updated to add additional projects. Mr. Schmitt questioned if the actions taken by the staff are in accordance with state law. Noel Anderson confirmed that everything has been done in accordance with the state code and by the advice of the lawyers. Mr. Lind questioned if this is the appropriate time to release value from the TIF District. Noel Anderson explained that the time to release funds is during the TIF certification. Mr. Lind questioned the project budgets listed in the amendment. Noel Anderson explained the project budgets. Resolution adopted and upon approval by Mayor assigned No. 2017-772. RESOLUTIONS 145993 - Lind/Powers that "Resolution approving a Memorandum of Understanding between Black Hawk County and the City of Waterloo regarding the ownership and maintenance of the communication tower at City Hall, 715 Mulberry Street 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. 2017-773. September 18, 2017 Page 5 145994 - Lind/Powers that "Resolution approving award of hotel/motel tax council discretionary funds to the Waterloo Municipal Band in the amount of $20,000 and the Cedar Valley SportsPlex Marketing Campaign in the amount of $11,250", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-774. 145995 - Lind/Powers that "Resolution approving Completion of Project and Recommendation of Acceptance of Work for the Multi Family Activity 876 (Grand Crossing Housing Development)", be adopted. Roll -call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-775. 145996 - Morrissey/Powers that "Resolution accepting Iowa Department of Transportation's Office of Aviation grant, with Contract No. 19559, and Project No. 9 -I -180 -ALO -200 for the FY 2018 Commercial Service Vertical Infrastructure (CSVI) program, for the physical improvements to Hangar No. 4 at Waterloo Regional Airport", and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-776. 145997 - Morrissey/Powers that "Resolution approving the Professional Services Agreement with AECOM Technical Services, Inc. of Waterloo, Iowa, in the amount of $10,800, for the completion of the projects contained in the FY 2018 Iowa Department of Transportation Commercial Service Vertical Infrastructure grant document", and authorize the Mayor and City Clerk to execute said document", be adopted. Roll - call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-777. 145998 - Morrissey/Powers that "Resolution approving Agreement with Iowa Department of Transportation for use of Commercial Street to detour Highway 63 traffic from intersection of W. 1st Street and Commercial Street to Hwy 218 Interchange near Westfield Avenue in conjunction with the Highway 63 PC Pavement - Grade and Replace Project (NHSX-063-6(78)--3H-07) from Jefferson Street to Franklin Street", and authorize Mayor to execute said document", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Lind questioned if the Department of Transportation would pay the city for additional maintenance and if they would be performing snow removal. Eric Thorson, City Engineer, explained that any maintenance needs would be reviewed with the Department of Transportation. He further explained that this project is short term and should be done before any anticipated snow fall. Resolution adopted and upon approval by Mayor assigned No. 2017-778. 145999 - Schmitt/Amos that "Resolution approving a contract between Rite Environmental, Inc. of Waterloo, Iowa for the City of Waterloo's Sanitation and Recycling Services for a period of three (3) years, with a 3% yearly rate increase", and authorize the Mayor and City Clerk to execute said document", be adopted. Roll -call vote -Ayes: Six. Abstain: One (Jacobs). Motion carried. Mr. Lind questioned if the people who addressed council previously are from this company. September 18, 2017 Page 6 Sandie Greco, Interim Public Works Director, explained that the individual who appeared was from Black Hawk Waste. Mr. Powers requested clarification that only the agreement with Rite Environmental was being voted on tonight and not to determine where the sites would be located. Sandie confirmed. Resolution adopted and upon approval by Mayor assigned No. 2017-779. 146000 - Schmitt/Amos that "Resolution approving an Early Access Agreement with LK Holdings Waterloo, LLC to allow them to make repairs to the Convention Center prior to the final closing date and authorize the Mayor and City Clerk to execute said document", be adopted. Roll -call vote -Ayes: Six. Abstain: One (Jacobs). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-780. OTHER COUNCIL BUSINESS 146001 - Amos/Morrissey approving Change Order No. 1-1 for a net increase of $6,900.00 for the FY 2017 East 5th Street Parking Garage Repairs, Contract No. 930, and authorize the Mayor and City Clerk to execute said document, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 146002 - Amos/Morrissey approving Change Order No. 2 for a decrease in the amount of $985.16, to Peters Construction Corporation of Waterloo, Iowa, in conjunction with the 2017 Riverfront Stadium Flood Repair Project, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 146003 - Morrissey/Powers That "Resolution approving an Early Access Agreement with Ryan Companies US, Inc., to allow earth exploration and moving activities in preparation of development of the site west of the Northeast Industrial Park", and authorize the Mayor and City Clerk to execute said document. Roll - call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-781. ADJOURNMENT 146004 - Welper/Morrissey that the Council adjourn at 6:12 p.m. Voice vote -Ayes: Seven. Motion carried. elley Fe City Cler