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HomeMy WebLinkAboutMinutes-10/16/2017October 16, 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 16, 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: Mayor Quentin Hart. 146107 - Welper/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, October 16, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 145108 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, October 9, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Hart read a Proclamation declaring October 15-21, 2017 as Character Counts Week. Presentation of award to City of Waterloo as Iowa's first Bird Friendly City by Bird Friendly Iowa Steering Committee. ORAL PRESENTATIONS Randy Herod, 111 Hyland Blvd., commented on the need for safety education for bicycles in Waterloo. John Sherbon, 1715 Robin Road, questioned travel requests with multiple employees attending and if the amount listed is for each individual or all. Mayor Hart clarified the amounts. Todd Obadal, 124 Amity Drive, commented that last week at the meeting council was told that the need to trust staff but that he believes people should ask questions. Mr. Welper requested a Work Session to discuss a new program. 146109 - Welper/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 146110 - 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 October 16, 2017, in the amount of $2,930,997.02 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. 2017-850. 2. Resolution approving request from John Poots for a waiver for a concrete driveway located at 1327 Holstein Place 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. 2017-851. October 16, 2017 1. 2. b. Motion to approve the following: a. b. c. a. b. c. d. Page 2 Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Sam Hess and Ian Wass, Paramedic/Firefighter Tri-State Emergency Responder Conference Dubuque, IA October 20, 2017 $248 Jason Hernandez, Fire Department Iowa EMS Association Conference Des Moines, IA November 9-11, 2017 $625 Tina Schellhorn, Electrical Foreman; Craig Hintzman, Signal Technician II; Brandon Hodgin, Signal Technician I EPAC Basic Training Class Davenport, IA November 2-3, 2017 $495 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Hurricane Grill & Wings, 2027 Crossroads Blvd. C Liquor w/Outdoor Service Renewal 9/30/2018 x Karma Bar, 309 W. 4th Street C Liquor w/Outdoor Service Renewal 10/14/2018 x Petersen & Tietz Florists & Greenhouses, 2275 Independence Avenue B Native Wine Renewal 10/8/2018 x West Side Liquor, 919 W. 5th Street B Wine / C Beer / E Liquor Renewal 9/2/2018 x Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 146111 - Schmitt/Amos that proof of publication of notice of public hearing on the lease agreement with Holly Porter for property located west of 903 Riverside Drive for $1.00 for a term ending December 31, 2027, as published in the Waterloo Courier on October 6, 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. 146112 - Schmitt/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146113 - Schmitt/Amos that "Resolution approving a lease agreement with Holly Porter for property located west of 903 Riverside Drive for $1.00 for a term ending December 31, 2027, and authorizing Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Schmitt commented that a resident questioned how the city would be able to get out of the lease. Noel Anderson, Community Planning and Development Director, explained there is always escape wording in these agreements. He further explained this is a FEMA buy-out property and is therefore deed restrictive, and because it is located in a flood plain, there would be no use for the property other than green space. October 16, 2017 Page 3 Resolution adopted and upon approval by Mayor assigned No. 2017-852. 146114 - Lind/Morrissey that proof of publication of notice of public hearing on the recycling processing facility to support the City of Waterloo's curbside recycling program, as published in the Waterloo Courier on October 2, 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. 146115 - Lind/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146116 - Lind/Morrissey 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. 2017-853. 146117 - Lind/Morrissey that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-854. 146118 - Lind/Morrissey Motion to postpone reading of bids for one week to allow further review by Interim Public Works Director. Voice vote: Ayes: Seven. Motion carried. 146119 - Morrissey/Powers that proof of publication of notice of public hearing on FY 2018 Sink Creek Channel Cleanout and Shaping, Contract 924, as published in the Waterloo Courier on October 2, 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. Dale Carol, 130 Tribal Road, thanked Mayor and city council, past and present, along with staff and AECOM for their work in the site as it will help residents in the neighborhood and questioned if anything can be done about seeding grass for the project. Doug Schindel, AECOM, explained that the project includes seeding and erosion control. Richard Smuck, 925 Belle Street, commented that his property value has decreased due to Sink Creek and the fact that when he sells his home the new buyer would need flood insurance. 146120 - Morrissey/Powers that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146121 - Morrissey/Powers that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Schmitt commented that the city has already spent $100,000 on the project and stated that, as he understands, the county would need to get involved to truly fix the problem. October 16, 2017 Page 4 Doug Schindel explained that in order to do 100 -year flood protection the county would need to be involved. In the interim, maintenance improvements have been acted on to improve flow through the channel. Mr. Schmitt questioned if the Board of Supervisors have talked about the project. Doug Schindel commented that he is not aware of the county discussing the project. Mayor Hart questioned if the county gets involved will it undo the progress made. Doug Schindel explained that it will help mitigate year to year flooding and is not a waste of city funds. He further commented that it would not mitigate 100 -year flooding issues. Mr. Jacobs commented that it would be good for council to be included in conversations with the Board of Supervisors. Mr. Powers questioned if grant dollars exist to push the project forward. Doug Schindel explained that channel improvement projects are generally locally funded and few grants exist for storm water issues. Ron Kraus, 941 Belle, commented that development should be stopped on the other side of the highway. Resolution adopted and upon approval by Mayor assigned No. 2017-855. 146122 - Morrissey/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-856. 146123 - Morrissey/Amos Motion to receive and file and instruct City Clerk to read bids. Engineer's Estimate Base Bid & Alternate Bid: $160,640 Bidder Bid Security Bid Amount Dave Schmidt Construction Cedar Rapids, IA 5% $149,844.85 Vieth Construction Corp. Cedar Falls, IA 5% $132,023 Peterson Contractors Reinbeck, IA 5% $152,939.50 Baker Concrete & Excavating ° Waverly, IA 5 /o $167,273 Lodge Construction Clarksville, IA 5% $100,979 Voice vote -Ayes: Seven. Motion carried. 146124 - Morrissey/Powers that "Resolution awarding bid to Lodge Construction, Inc. of Clarksville, Iowa, in the amount of $100,979, and approving the contract, bonds, and certificate of insurance for the FY 2018 Sink Creek Channel Cleanout and Shaping, Contract No. 924", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-857. October 16, 2017 Page 5 146125 - Amos/Morrissey that proof of publication of notice of public hearing on 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 W. Ridgeway Avenue, as published in the Waterloo Courier on October 2, 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. Mr. Amos read an email from David Star urging the council to vote against the project. 146126 - Amos/Morrissey that the hearing be closed and written comments and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146127 - Amos/Morrissey 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, located west of 2010 W. Ridgeway Avenue", 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 explained the location of the project and that they are looking to build a day care facility at the location for the first phase, gym on the second, and school on the third phase. 146128 - Amos/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll -call vote -Ayes: Five. Nays: Two (Lind and Schmitt). Motion failed. Mr. Schmitt questioned the timeliness of the project. Noel Anderson explained that he is not aware of any urgency for the project. 146129 - Welper/Morrissey that proof of publication of notice of public hearing on 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, as published in the Waterloo Courier on October 6, 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. 146130 - Welper/Morrissey that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146131 - Welper/Amos that "Resolution approving the Project Addendum to Agreement for Residential Housing Construction, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll - call vote -Ayes: Seven. Motion carried. Mr. Welper commented that it has been great working with Hawkeye Community College on the program and that it carries on for many years. Resolution adopted and upon approval by Mayor assigned No. 2017-858. October 16, 2017 Page 6 146132 - Welper/Morrissey that "Resolution authorizing the sale and conveyance of certain tracts of land, known as lots 12 & 13 in Block 1 of Manson's Second Addition in accordance with a Project Addendum to the Agreement for Residential Housing Construction with Hawkeye Community College, and authorizing the Mayor and City Clerk to execute necessary documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-859. 146133 - Morrissey/Amos that proof of publication of notice of public hearing on asbestos abatement services for 222 Walnut Street, as published in the Waterloo Courier on October 2, 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. 146134 - Morrissey/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146135 - Morrissey/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. 2017-860. 146136 - Morrissey/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-861. 146137 - Morrissey/Amos Motion to receive and file and instruct City Clerk to read bids. Estimate: $5,500 Bidder Bid Security Bid Amount AAA Budget Environmental Inc. Monticello, IA Rejected Wrong property. Submitted bid from 10/4/17 bid opening. Advanced Environmental Waterloo, IA 5% $3,400 ECCO Midwest, Inc. Hastings, MN 5% $7,777 Active Thermal Concepts Hiawatha, IA 5% $5,250 Voice vote -Ayes: Seven. Motion carried. 146138 - Morrissey/Amos that "Resolution awarding asbestos abatement services bid to Advanced Environmental of Waterloo, Iowa in the amount of $3,400 for asbestos removal services at 222 Walnut Street, and approving the contract, bonds, and certificate of insurance, and instruct the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. October 16, 2017 Page 7 Resolution adopted and upon approval by Mayor assigned No. 2017-862. RESOLUTIONS 146139 - Lind/Morrissey that "Resolution approving a permanent easement agreement with Kwik Trip, Inc. for the purpose of allowing a storm sewer easement on City property located west of 2010 W. Ridgeway Avenue, and authorize the 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. 2017-863. 146140 - Lind/Morrissey that "Resolution approving the naming of a private street located north of 1027 E. 4th Street, as "Roby Lane" and rescinding Resolution No. 2017-210, for the naming of a private street serving 1027 E. 4th Street as "Roby Lane", due to an error in the description", be adopted. Roll -call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-864. 146141 - Lind/Morrissey that "Resolution approving award of hotel/motel tax council discretionary funds to Leisure Services for an event shuttle in the amount of $11,200", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Lind questioned the location of the shuttle. Paul Huting, Leisure Services Director, explained the location of the shuttle and its route. Resolution adopted and upon approval by Mayor assigned No. 2017-865. 146142 - Amos/Morrissey that "Resolution approving Professional Service Agreement with AECOM Technical Services of Waterloo, Iowa in an amount not to exceed $33,000 for WWTP Final Clarifier Dewatering well evaluation and design services, 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. 2017-866. 146143 - Amos/Morrissey that "Resolution approving Notice of Intent for NPDES coverage under general permit to the Iowa Department of Natural Resources for FY 2018 Sink Creek Channel Cleanout and Shaping, Contract No. 924, 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. 2017-867. 146144 - Welper/Morrissey that "Resolution terminating the parking easement agreement with U.S. Bank National Association dated March 2, 2009 filed as Doc. No. 2009-16447 for property located west of 425 Cedar Street, and authorize the Mayor and City Clerk to execute all necessary documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-868. 146145 - Welper/Morrissey October 16, 2017 Page 8 that "Resolution approving an Encroachment Agreement with FDP WTC, LLC to allow for a monument sign to encroach into the public right-of-way of Westfield Avenue as part of the Courtyard by Marriott at Tech Works Project at 250 Westfield Avenue", be adopted. Roll -call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-869. ORDINANCES 146146 - Morrissey/Powers that "an Ordinance amending the 2008 Traffic Code by rescinding Section 543 - Thru Streets - and deleting in its entirety subsection (6) Ansborough Avenue and inserting a new subsection (6) Ansborough Avenue", be considered and passed for the third time and adopted. Roll -call vote -Ayes: Five. Nays: Two (Schmitt and Welper). Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5422. 146147 - Amos/Morrissey 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. Roll -call vote -Ayes: Five. Nays: Two (Schmitt and Welper). Motion carried. Mr. Welper commented that he plans to vote no as he is waiting to receive new traffic study numbers later this week. Mr. Schmitt commented that he will be voting no as he believes the council should step back to allow for a more thorough review, because he has received several calls and emails and all but one are not in favor. 146148 - Amos/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll -call vote -Ayes: Two. Nays: Five (Jacobs, Morrissey, Powers, Schmitt, and Welper). Motion failed. OTHER COUNCIL BUSINESS 146149 - Lind/Schmitt that "Appeal of Main Street Design Board's decision by American Legion Post #138 for replacement of roof, located at 728 Commercial Street", be received, placed on file and approved. Terry Brekke, 2325 Westview Avenue and American Legion Trustee, commented that the American Legion is not clear on what they are appealing. Mr. Lind commented that there is confusion and the reason that he wants to bring it back is that this would allow them to get a metal roof on the building. Mr. Morrissey commented that the item should be tabled so that it can go to Main Street Design Review Board. Mayor Hart commented that it would be best to take a step back to allow the trustees to have a conversation with Main Street Waterloo. Kelley Felchle, City Clerk, explained she received an email stating that part of the proposal was to have an asphalt roof, which is not what was originally reviewed by Main Street Waterloo. Therefore if the plans are for an asphalt roof, then Main Street Waterloo would need to deny that proposal before council could take action to appeal. October 16, 2017 Page 9 Steve Grimm, 4646 William Drive, commented that the American Legion is short on money for building a roof and that the trustees have a meeting Wednesday at 9:00 a.m. to discuss plans for a roof. Mayor Hart commented that now is the right time with the city, Main Street, and American Legion to get a roof for the Legion. Dave Zellhoefer, City Attorney, commented that the appropriate action would be to table the item. Mayor Hart commented that it may be better to table it indefinitely. Dave Zellhoefer explained that there can be no appeal until the proposed design is reviewed and denied by the design committee. If an asphalt roof was not what was originally put forth, than this new proposal must go back before the design committee for review. 146150 - Morrissey/Welper To table indefinitely. Roll call vote: Ayes: Five. Abstain: Jacobs. Nays: Lind. Mr. Jacobs commented that he will abstain as a member of the American Legion. Mr. Lind questioned if he too would need to abstain because he is also a member of the Legion. Dave Zellhoefer explained that there is no legal need to abstain because this vote would not result in a financial gain. 146150 - Welper/Morrissey that the council adjourn to Executive Session at 6:48 p.m. Roll -call vote -Ayes: Seven. Motion carried. City Attorney Dave Zellhoefer stated that discussion of the purchase of property is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(j)(2017). EXECUTIVE SESSION 146151 - Welper/Jacobs that the council adjourn Executive Session at 7:01 p.m. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 146152 - Welper/Morrissey that the Council adjourn at 7:01 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley F: c e City Cleric,