HomeMy WebLinkAboutMinutes-10/02/2017October 2, 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, October 2, 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: Paul Huting, Leisure Services Director.
146035 - Welper/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, October 2, 2017, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
146036 - Welper/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, September 25, 2017, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
Mayor Hart read a Proclamation declaring Second Week of October as Earth Science Week.
Mayor Hart read a Proclamation declaring October 1 - 7, 2017 as Mental Illness Awareness Week.
Presentation by Kent Sovern, State Director of AARP Iowa.
ORAL PRESENTATIONS
Mayor Hart stated that derogatory comments will not be tolerated at council meetings.
Jim Chapman, 224 Bertch, commented on a recent article in the paper and stated he is thankful for
the freedom of speech we enjoy in America.
Thomas Lown, 5530 Sierra Drive and President of Tall Ship Harbor, LLC, asked that the city
consider having a tall ship attraction on Brinker Lake.
David Dreyer, 3145 W. 4th Street, questioned when the next public meeting for the University
Avenue Project would take place.
Eric Thorson, City Engineer, stated the meeting would take place on Tuesday, October 17, 2017
from 5:30 to 7:00 p.m. at Waterloo Center for the Arts Schoitz Conference Room.
Mayor and Council Monthly Reports
Mr. Morrissey shared discussion highlights from his monthly ward meeting.
Mr. Powers commented that he spoke at the going away ceremony for the National Guard prior to
their departure to the Middle East.
Mayor Hart commented that the Governor will be at the Center for the Arts on Wednesday, October
4, 2017, from 4:15 p.m. to 5:30 p.m., to talk about minority unemployment and bringing businesses
together to help decrease the unemployment rates. Mayor also shared the latest economic
development brochure.
146037 - Welper/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
146038 - Welper/Schmitt
that the following items on the consent agenda be received, placed on file and approved:
October 2, 2017 Page 2
1.
a.
b.
2.
a. Resolutions to approve the following:
1. Resolution approving Finance Committee Invoice Summary Report, dated October 2, 2017,
in the amount of $2,329,896.73 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. 2017-807.
2. Resolution setting a date of public hearing as October 16, 2017, to approve a Lease
Agreement with Holly Porter for property located west of 903 Riverside Drive, in the amount
of $1.00, for a term ending December 31, 2027, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-808.
3. Resolution setting a date of public hearing as October 16, 2017, to approve a Project
Addendum to Agreement for Residential Housing Construction with Hawkeye Community
College, authorizing the sale and conveyance of Lots 12 and 13 in Block 1 of Manson's
Second Addition to Hawkeye Community College for the value of services that Hawkeye
Community College will provide for the project, and authorize the City Clerk to publish
notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-809.
4. Resolution setting a date of public hearing as October 16, 2017, to approve a request by the
Islamic Foundation of Iowa, Inc. to rezone approximately 8.25 acres from "M -2,P" Planned
Industrial District to "B -P" Business Park District, located west of 2010 West Ridgeway
Avenue, and instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-810.
b. Motion to approve the following:
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Todd Henrich,
Building Maintenance
2017 National Electrical
Code
Cedar Falls,
IA
November
16-17, 2017
$597
Joel Shepard,
Building Maintenance
2017 National Electrical
Code
Cedar Falls,
IA
November
16-17, 2017
$597
a.
b.
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Las Margaritas, 2822
University Avenue
C Liquor
w/Outdoor Service
Renewal
6/30/2018
x
Hy -Vee C -Store #4, 3700
University Avenue
B Wine / C Beer
Renewal
10/31/2018
x
3. Recommendation of appointment of John Hyman, from the Civil Service list, to the position of
Instrument Control Foreman at the Waste Management Services Department, effective October 3,
2017.
Mr. Morrissey questioned if homes would be built on lots listed on item 1A3.
Mr. Welper confirmed.
Roll call vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
October 2, 2017 Page 3
146039 - Schmitt/Amos
that proof of publication of notice to vacate, sell and convey a portion of Marigold Drive to Marcus
Pratt for $1.00 and a portion of Marigold Drive to the Bosnian Islamic Association of Waterloo for
$770.00, as published in the Waterloo Courier on September 22, 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.
146040 - Schmitt/Amos
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
146041 - Schmitt/Amos
that "an Ordinance approving a request by Marcus Pratt and the Bosnian Islamic Association of
Waterloo to vacate 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", be received, placed on file, considered and passed for the first time. Roll -call
vote -Ayes: Seven. Motion carried.
Mr. Schmitt requested an overview.
Noel Anderson, Community Planning and Development Director, explained the requested vacate.
146042 - Schmitt/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll -call vote -Ayes: Seven. Motion carried.
146043 - Schmitt/Amos
that "an Ordinance approving a request by Marcus Pratt and the Bosnian Islamic Association of
Waterloo to vacate 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", 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. 5420.
146044 - Schmitt/Amos
that "Resolution authorizing the sale and conveyance of the northeasterly portion of a portion of
Marigold Drive to Marcus Pratt for $1.00 and the southwesterly portion of a portion of Marigold
Drive to the Bosnian Islamic Association of Waterloo for $770.00, and directing 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. 2017-811.
146045 - Lind/Powers
that proof of publication of notice of public hearing on 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, as published in the Waterloo Courier on September 22, 2017, be received and
placed on file. Voice vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments.
Mayor Hart acknowledged Mr. Lown's comments made during Oral Presentations.
146046 - Lind/Amos
October 2, 2017 Page 4
that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
146047 - Lind/Amos
that "Resolution approving 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", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-812.
RESOLUTIONS
146048 - Amos/Morrissey
that "Resolution approving submission of an African American Civil Rights History Grant
application, for the National Park Service in the amount of $50,000, to survey and complete a
national register application for the Smokey Row/Triangle Area of Waterloo, $30,000 to install
historical markers on sites of significance in Waterloo Civil Rights, and $7,500 for publication of
information brochures for the sites and the area", be adopted. Roll -call vote -Ayes: Seven. Motion
carried.
Mr. Lind questioned if the city is utilizing the correct grant for this project.
Noel Anderson, Community Planning and Development Director, explained a historical survey is
underway for the Walnut Neighborhood. He explained that this is an opportunity to seek grant
funding for this neighborhood.
Mr. Lind questioned if the projects could be combined.
Noel Anderson explained that the city can look at combining both projects.
Mr. Jacobs questioned if a grant application is on file for the Walnut District.
Noel Anderson explained there is not a grant, but a historical study is underway.
Mr. Jacobs asked why a grant would not be sought first.
Noel Anderson explained that prior to the grant coming available they decided to move forward with
a historical survey for Walnut Neighborhood.
Mr. Morrissey questioned the funding allocation for the grant and the Walnut Neighborhood Survey.
Noel Anderson explained the grant funding allocation.
Mr. Morrissey questioned if enough funding is available in the request to survey the large amounts
of houses in the neighborhoods.
Noel Anderson explained that staff spoke with historical consultants and that they believe that
enough funding has been requested.
Mr. Lind questioned if a bid process would be followed if the grant is awarded.
Noel Anderson confirmed.
Resolution adopted and upon approval by Mayor assigned No. 2017-813.
146049 - Amos/Morrissey
that "Resolution approving the contract with Crystal Distribution Services, Inc. of Waterloo, Iowa,
and the Iowa Economic Development Authority for High Quality Jobs Program -Tax Credit
October 2, 2017
Page 5
Component incentives, and authorize the Mayor and City Clerk to execute said document", be
adopted. Roll -call vote -Ayes: Seven. Motion carried.
Mr. Morrissey questioned the wage structures for the program.
Noel Anderson explained that he would get that information to council.
Resolution adopted and upon approval by Mayor assigned No. 2017-814.
146050 - Amos/Morrissey
that "Resolution approving award of bid to Peterson Contracting Inc. (PCI) of Reinbeck, Iowa, in the
amount of $787,364.75, and approving the Contract, Bonds, and Certificate of Insurance for the FY
2018 Waterloo Boathouse Enhancements, Contract 940, 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. 2017-815.
146051 - Morrissey/Powers
that "Resolution approving a Repair and Assessment Agreement with Chris Olson, DK
Management, to add sidewalk repairs at 1013 W. 3rd Street to the FY 2018 Sidewalk Repair
Assessment Program - Zone 7, Contract 931, 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. 2017-816.
146052 - Morrissey/Powers
that "Resolution approving Change Order No. 1 for a net increase of $7,000.00 for the FY 2017
Levee Tree Clearing - Cedar River (Northeast), Contract No. 908, and authorize the Mayor and City
Clerk to execute said document", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Mayor Hart requested an overview.
Eric Thorson, City Engineer, provided an explanation of the increase.
Resolution adopted and upon approval by Mayor assigned No. 2017-817.
146053 - Morrissey/Powers
that "Resolution approving Completion of Project and Recommendation of Acceptance of Work for
work performed by Twin City Tree Service, LLC. of Waterloo, Iowa, in the amount of $241,001.58,
for the FY 2017 Levee Tree Clearing - Cedar River (Northeast), Contract No. 908", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-818.
146054 - Schmitt/Amos
that "Resolution approving a Professional Services Agreement with Wayne Claassen Engineering
and Surveying, Inc. of Waterloo, Iowa, in an amount not to exceed $53,000 for Engineering Services
related to the Brock 3rd Addition Preliminary Plat, Final Plat and Sanitary Sewer Extension, 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. 2017-819.
146055 - Schmitt/Amos
that "Resolution approving Supplemental Agreement No. 1 with AECOM, in the amount of $2,400,
in conjunction with the Bus Stop Locations ADA Design - Phase I, and authorize the Mayor and
City Clerk to execute said agreement", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
October 2, 2017 Page 6
Resolution adopted and upon approval by Mayor assigned No. 2017-820.
146056 - Schmitt/Amos
that "Resolution approving a Temporary Construction Easement Agreement with Hy -Vee, Inc., for
property located at 4000 University Avenue, in relation to the FY 2017 Street Reconstruction
Program, Contract No. 921, 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. 2017-821.
ORDINANCES
146057 - Morrissey/Welper
that "an Ordinance amending the 2008 Traffic Code by rescinding Section 543 - Thru Streets - and
deleting in its entirety (6) Ansborough Avenue and inserting a new subsection (6) Ansborough
Avenue, be received, placed on file, considered and passed for the first time. Roll -call vote -Ayes:
Four. Nays: Three (Jacobs, Schmitt and Welper). Motion carried.
Sandie Greco, Interim Public Works Director, explained the code change.
Forest Dillavou, 1725 Huntington Road, provided council with a list of questions regarding the
ordinance change.
Mayor Hart commented that the request was studied by the Traffic Department.
Mohammad Elahi, Traffic Engineer, provided an overview of the data gathered through the traffic
study. He further explained that the data is available to the public.
Mayor Hart questioned if changes were made to the pedestrian stop sign.
Mohammad Elahi explained changes added to help alert pedestrians to the approaching intersection.
Mr. Lind commented the speed limit approaching the intersection may be too high.
Mr. Powers commented that Ansborough Avenue goes from 45 mph with an improved road to an
unimproved road and that a speed limit, along with a stop sign would be beneficial.
Mr. Jacobs asked that the traffic count be read.
Mohammad Elahi read the traffic count.
Mr. Welper questioned what determines the placement of a stop sign.
Mohammad Elahi explained how the sign placement is determined.
Mr. Welper commented that he would prefer to see the signs placed in different direction.
Mayor Hart commented that staff has thoroughly studied the intersection.
Sandie Greco explained that flashing beacons would be placed on the stop signs.
Mr. Schmitt commented that he thought that the primary reason for the accident was the utility pole
in the line of sight.
Mohammad Elahi commented that no two intersections are the same and they cannot be treated the
same.
14605 8 - Morrissey/Amos
October 2, 2017
Page 7
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, Schmitt and Welper). Motion failed.
146059 - Morrissey/Amos
that "an Ordinance amending the 2008 Traffic Code by amending Section 544 - All -Way Stop
Intersections by adding Subsection (36) Shaulis Road and Ansborough Avenue, be received, placed
on file, considered and passed for the first time.
Mr. Welper asked if a vote on item #14 is allowed before item #13 is approved.
Mr. Lind questioned if item #13 was just to change where Ansborough ends, and nothing to do with
the four way stop.
Sandie Greco explained how the traffic code defines Ansborough, and that item #14 cannot move
forward before item #13 is approved.
Mr. Morrissey clarified that item #14 could still be voted on, but it could be not be passed until item
#13 was passed.
Mayor Hart questioned if item #13 never passed, could item #14 stand alone.
Sandie Greco explained that it could not.
Dave Zellhoefer, City Attorney, explained that as a practical standpoint, item #14 should be removed
until item #13 has passed.
146060 - Lind/Morrissey
To table item #14 until item #13 is passed. Roll call vote -Ayes: Seven. Motion carried.
Mr. Morrissey questioned if item #14 could be on the same agenda as the third reading of #13.
Kelley Felchle, City Clerk, stated it could.
OTHER COUNCIL BUSINESS
146061 - Amos/Welper
that additional work on East 5th Street Parking Garage Repairs Project, be received, placed on file
and approved. Voice vote -Ayes: Seven. Motion carried.
146062 - Amos/Welper
that Change Order No. 2 for a net increase of $141,714 for the FY 2017 CIP Pipelining Phase IIIA,
Contract No. 919, and to extend completion date to December 22, 2017, and authorize the Mayor to
execute said document, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion
carried.
Mayor Hart requested an overview of the increase.
Steve Hoambrecker, Waste Management Services Director, provided an overview of the cost
increase.
Jim Chapman, 224 Bertch, questioned if this is additional work.
Steve Hoambrecker confirmed and provided an overview of the increase.
146063 - Amos/Welper
that Change Order No. 1 for a net increase of $16,000 for the No. 6 Digester Roof Rehabilitation
Project, Contract No. 939, extend the completion date to October 14, 2017, be received, placed on
file and approved. Voice vote -Ayes: Seven. Motion carried.
October 2, 2017 Page 8
Mayor Hart requested an overview of the increase.
Steve Hoambrecker provided an overview of the cost increase.
Mayor Hart requested an update presentation next month on the consent decree.
ADJOURNMENT
146064 - Welper/Morrissey
that the Council adjourn at 6:48 p.m. Voice vote -Ayes: Seven. Motion carried.
Kelley Felch
City Clerk