HomeMy WebLinkAboutMinutes-7 /10/2017July 10, 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, July 10, 2017. Mayor Pro -tem, Ron Welper in the Chair. Roll Call:
Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper.
Prayer or Moment of Silence: Brion Martin, Associate Pastor of Harvest Vineyard Church.
Pledge of Allegiance: Rudy Jones, Community Development Director.
145639 - Schmitt/Amos
that the Agenda, as amended by Deleting and moving Mark Lane recognition to July 17, 2017
council meeting Deleting item No. 4, Resolution approving a Development Agreement with Jason
Grimm for the sale of property located adjacent to 157 University Avenue and rescinding Resolution
No. 2017-499, originally approved on June 26, 2017. Amending item No. 3, to read Resolution re-
setting date of public hearing as July 24, 2017, regarding the sale and conveyance of city owned
property generally located adjacent to 157 University Avenue, to Jason Grimm in the amount of
$2, 000 and rescinding Resolution No. 2017-498, originally approved on June 26, 2017. Table item
No.s 15, 16 and 17 for one week Amending item No. 10, Resolution authorizing Traffic Operations
Department to apply for a Iowa Department of Transportation Traffic Safety Grant to conduct a
Bicycle Lane, Traffic Safety Awareness Campaign in the amount of $12, 000.00 to read in the amount
of $22,000.00. for the Regular Session on Monday, July 10, 2017 at 5:30 p.m., be accepted. Voice
vote -Ayes: Six. Mr. Lind voted yes with the exception of item No. 8. Motion carried.
Mr. Lind questioned deleting Item No. 8 as opposed to the council taking action by setting a public
hearing date or remanding the item back to the Planning Commission. He also questioned removing
the item from the consent agenda to be addressed as a separate item on the consent agenda.
Dave Zellhoefer, City Attorney, stated Consent Agenda Item No. 8 would need to be removed from
the consent agenda and voted on separately in order for the council to remand back to the Planning
and Zoning Commission or table to set the date of public hearing on the ordinance.
145640 - Lind/Amos
that Item No. 8 be removed from the consent agenda to be voted on separately. Voice vote -Ayes:
Seven. Motion carried. Item was on amendment to agenda to be removed from agenda and was
removed from the consent agenda by this motion to be discussed separately from the consent
agenda. •
145641 - Schmitt/Amos
that the Minutes, as proposed, for the Regular Session on Monday, June 26, 2017, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
Mr. Welper read a Proclamation declaring July 11-15, 2017 as Honor Korean War Veterans Week.
Veterans Sid Morris, LaVerne Fischels, Ken Lind, and Paul Reuter were invited to address the
audience and council regarding the Grout Museum's display honoring veterans of the Korean War.
Members of the audience thanked the veterans for their service during the Korean War.
Mr. Welper recognized Michelle Westphal for her 30 years of dedication and service to the City of
Waterloo and presented her with a plaque from the City.
ORAL PRESENTATIONS
Jeri Thornberry, 704 Sheridan Road addressed the council regarding the disruption to her home,
neighbors, family, friends and pets due to fireworks and requested the council rescind the fireworks
ordinance.
Mr. Welper responded he has received numerous phone calls since June 1st and even though the
council reduced the number of days fireworks were allowed to be shot off, they were being shot off
for 4-5 weeks. He believes the State needs to rescind allowing the sale of fireworks in the state as
reducing the use within the City had no effect and he believes rescinding the ordinance will have
little effect, as people will still be allowed to purchase fireworks and bring them into the city.
July 10, 2017 Page 2
Marcia Buttgen, 1510 Lyon Avenue, requested signs with diagrams and street names directing traffic
to alternative parking, be placed on the 4th and 5th Street parking ramp entrances during construction
closure. Ms. Buttgen questioned if 4th Street will be opened for traffic on the weekends during
construction.
Sandie Greco, Interim Public Works Director, stated she will contact Republic Parking and arrange
for signs at the parking ramp.
Eric Thorson, City Engineer, explained the 4th Street Bridge cannot be opened during construction
unless the City is willing to pay more money for the contractor to remove and mobilize their
equipment elsewhere on the weekends. He further explained they are aware of some of the larger
events taking place in the city and made provisions for those events but aren't aware or able to plan
for every event planned in the city.
Todd Obadal, 124 Amity Drive, addressed the council regarding renaming of the convention center,
sale of Sunnyside South property and information provided to the public regarding the sale of those
properties.
Kelly Angel, 148 Terrace Drive, addressed the council regarding the disruption to her home, family,
and pets due to fireworks and offered her support of a citywide ban of fireworks.
Mr. Welper stated he received newspapers from Des Moines, Iowa City and Cedar Rapids relating
the citizens in those communities feel the same way and regardless of the city regulations, when the
fireworks went on sale, the regulations were violated so he feels the State will need to address the
issue.
Sally Priebe, 702 Homepark Blvd., addressed the council regarding the disruption to her home
family due to fireworks and offered her support of a fireworks ban.
Heidi Footman, Director of the Waterloo/Cedar Falls Youth Art Team summer camp, along with
the students, addressed the council regarding their 4th Street Bridge Mural Project, and invited the
Council to join them on July 14, 2017 at 11:30 a.m., to view the completed artwork to be place on
the 4th Street Bridge, and celebrate with root beer floats and lemonade.
Cheryl Pieters-Rammelsberg, 934 W. Mullan Avenue, addressed the council regarding fireworks and
their effects on citizens with mental disabilities and pets. She offered her support for banning
fireworks from the City.
Kirby Sherman, 609 Dundee, addressed the council regarding fireworks. She thanked the police and
fire departments for responding to calls related to fireworks and expressed her concerns regarding
the effects of fireworks on pets and wildlife in the area. She questioned if there will be a hearing
regarding the issue for citizens to express their concerns.
David Dryer, 3145 W. 4th Street, questioned if the decisions regarding the 5 Sullivan Brothers
contract on the 17th will include public concern. Mr. Dryer questioned how many years the City has
bonded $700,000 a year in relation to the convention center and requested an accounting for the
monies used to maintain the convention center. Mr. Dryer questioned if local residents will be hired
for the staff or if the staff will be brought in from Omaha.
John Sherbon, 1715 Robin Road, addressed the council regarding the naming and sale of the
convention center and asked the council to review the original agreement and terms prior to making
a new agreement.
Wayne Natham, 548 Cloverdale Avenue, questioned the spending $950,000 per year for
maintenance on the Sullivan Brothers Convention Center and giving the convention center to a
millionaire as opposed to keeping, maintaining and repairing the building.
145642 - Schmitt/Jacobs
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
July 10, 2017 Page 3
Mr. Jacobs stated the city is tracking the fireworks calls, e-mails and complaints with over 750 calls
to the police department and feels the council should control their regulations for the citizens of
Waterloo and not put it on the state. Mr. Jacobs asked the council members to join him with Mr.
Lind to ban the fireworks altogether.
FORMER CONSENT AGENDA ITEM NO. 8
Mr. Morrissey asked that the record reflect Item No. 8 (Amendment to Zoning Ordinance No. 5079
regarding regulation of hobby farms) has been removed from the consent agenda.
Mr. Lind requested a clarification that this item is being tabled as opposed to sending it back to the
Planning and Programming or setting the public hearing date.
Mr. Welper questioned the recommendation of the Planning and Zoning Commission.
Noel Anderson, Community Planning and Development Director, explained the council can take
action by setting the hearing, tabling the matter or remand back to the Planning Commission. He
further explained it is the staff's opinion, if significant changes are being made to the ordinance,
remanding it back to the Commission is the cleanest path, because at this point it cannot be brought
back up at the Planning Commission unless the City Council denies it and then waits a certain period
of time to discuss it again. If it is tabled he would need to research when it could be brought before
the Commission again, as no action was taken by the council. If it's remanded back, it can be put
back on the Commission's next available agenda to make the changes. They can also set the public
hearing date and vote on the ordinance as originally recommended by the Commission.
145643 - Lind/Jacobs
that the public hearing date be set for July 24, 2017 with regards to item No. 8.
Mr. Morrissey stated the item has been removed from the consent agenda so the item is not germane
to the agenda and that there had been talk of removing it and considering it separately but that was
never voted on because the first order of business was the agenda items, so having been removed
from the agenda it doesn't have bearing and removing it from the consent agenda was with the
understanding it was going back to Planning and Zoning for further review and that is what was
voted on.
Mr. Welper stated the agenda was voted on, but that the consent agenda is always voted on
separately and if they were the same, there would be no reason for the council to vote on the consent
agenda.
Mr. Morrissey stated there would be no reason to vote on anything on the agenda, that the items on
the consent agenda are considered as a package but the entire document is considered the agenda
and included in the discussion to amend was the deletion of item No. 8 from the consent agenda with
the understanding that it was going to the Commission for review and that's what he voted and favor
of and the council voted to do with one negative vote so the item isn't even on the consent agenda.
Noel Anderson explained his understanding of the council action was to amend the agenda to take it
off, but then took a separate vote to remove it from the consent agenda and therefore is in play at this
point.
Mr. Morrissey stated the council did not vote on removing and considering it separately.
Mr. Welper asked the Deputy Clerk to read the motion from the record.
LeAnn Even, Deputy Clerk, read the record as follows: Motion by Lind to consider separately No. 8
on the consent agenda; voice vote; members voted in favor.
Mr. Schmitt commented that approval of the agenda and consent agenda are two separate motions
and two separate votes.
Mr. Welper agreed with Mr. Schmitt that when the agenda is approved it includes the consent
agenda, but when the Council gets to the consent agenda items they are voted on separately.
Mr. Schmitt clarified that the Council will be voting on items 1-6 of the consent agenda.
July 10, 2017 Page 4
Mr. Morrissey voiced his opposition, stating Mr. Welper's ruling is wrong, that Item No. 8 was
removed from the consent agenda making it non -germane to the agenda.
Dave Zellhoefer explained it was his understanding this was taken off to be debated separately as is
often the case on the consent agenda. He reminded the Council of their options to table, set for
hearing or to take Planning and Zoning's recommendation to have it remanded to the Planning and
Zoning Commission and suggested someone make a motion on one of the options.
Mr. Powers questioned setting a public hearing date in that it would not allow staff and the Planning
and Zoning Commission sufficient time to process or due diligence, therefore he could not support
setting a date until remanded back to Planning and Zoning and they complete their review and
changes.
Mr. Schmitt questioned why it would be remanded back to Planning and Zoning Commission when
they had already approved and made a recommendation to the Council.
Mr. Powers explained the Council received an e-mail indicating the Planning and Zoning
Commission want to reconsider and therefore he would like to give them that opportunity and then
allow them to send it back to the Council.
Roll call vote -Ayes: Three. Nays: Four. Motion failed.
145644 Morrissey/Amos
that the ordinance be remanded back to the Planning and Zoning Commission for further review.
Mr. Lind stated what he has heard from his constituents is that the City doesn't need chickens or
fireworks and does not believe the Council should send the ordinance back to the Planning and
Zoning Commission now because one person on the Commission said they wanted to reconsider the
ordinance.
Mr. Schmitt asked to hear more about the Commission's request.
Aric Schroeder, City Planner, explained there was an e-mail from a Commission member
questioning the ability for a Commission member to reconsider but that procedurally that is not an
option because of the administrative rules of the Commission. Other options were then discussed
and he believes at least two Commission members expressed interest in revisiting their decision.
Mr. Schmitt questioned how long the Planning and Zoning Commission has been working on the
ordinance.
Mr. Schroeder stated Planning staff has worked on the ordinance periodically for about two years
and once the Commission started working on it, about two months.
Mr. Schmitt questioned the procedure once the Commission made a decision.
Mr. Schroder explained he believed seven members of the Commission were present at the time and
it was unanimous, but well debated discussion with opinions on both sides and believes the vote was
a middle ground compromise.
Mr. Lind questioned why these changes are so important at the eleventh hour.
Mr. Schroeder stated he is unsure.
Mr. Schmitt questioned how many people are asking for the remand.
Mr. Schroeder stated that two members responded to the e-mail.
Mr. Morrissey commented that Council should allow the Commission to reconsider the ordinance.
Mr. Schmitt stated seven of the nine Commissioners are fine with their decision.
Mr. Morrissey stated the Council doesn't know that as they have not spoken with them.
July 10, 2017 Page 5
Mr. Schmitt stated they have not asked for a remand and that Mr. Schroeder has spoken with them.
Mr. Welper asked a roll call be taken on the motion to remand back to the Commission.
Roll call vote -Ayes: Four. Nays: Three. Motion carried.
CONSENT AGENDA
145645- Schmitt/Lind
that the following items, except for except for the item deleted 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 July 10, 2017, in
the amount of $5,424,258.94, 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. 2017-515.
2. Resolution approving abatement of assessment for 3913 Onawa Drive in the amount of
$60.82, and authorize City Clerk to notify Black Hawk County Treasurer of said
cancellation.
Resolution adopted and upon approval by Mayor assigned No. 2017-516.
3. Resolution re -setting the date of public hearing as July 24, 2017 regarding the sale and
conveyance of city owned property generally located adjacent to 157 University Avenue, to
Jason Grimm in the amount of $2,000 and rescinding Resolution No. 2017-498, originally
approved on June 26, 2017.
Resolution adopted and upon approval by Mayor assigned No. 2017-517.
4. Resolution approving plans, specifications, form of contract, etc. and setting date of bid
opening as August 3, 2017 and date of public hearing as August 7, 2017 for Osage Road and
Dubuque Road Traffic Safety Improvements Project, and instruct City Clerk to publish said
notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-518.
5. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date
of bid opening as July 20, 2017 and date of public hearing as July 24, 2017 for Asphalt
Emulsions for the City's Recycled Asphalt Paving Program.
Resolution adopted and upon approval by Mayor assigned No. 2017-519.
6. Resolution approving request to certify assessment to property for work performed by the
Waterloo Water Works, together with recommendation of approval by the Waterloo Water
Works Board of Trustees - Address and amount to certify: 520 Rhey Street - $2,400.
Resolution adopted and upon approval by Mayor assigned No. 2017-520.
7. Resolution re -setting date of public hearing as July 24, 2017 to vacate, sell and convey a
portion of East San Marnan Drive right-of-way, adjacent to 121-129 East Tower Park Drive,
in the amount of $1.00 to P and H, LLC, and instruct the City Clerk to publish said notice,
and rescinding Resolution No. 2017-482.
Resolution adopted and upon approval by Mayor assigned No. 2017-521.
July 10, 2017
Page 6
8. Resolution setting a date of public hearing as July, 24 2017, to approve the request of
Roberto and Florentina Castro to purchase city owned property, located at 1606 Williston
Avenue, with Development Agreement, and direct City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-522.
9. Resolution approving request from Dean Dumer for a waiver for a concrete driveway located
at 1116 Evergreen Avenue 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. 2017-523.
b. Motion to approve the following:
1.
2.
a.
b.
c.
a.
b.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Chris Petersen, Building
Maintenance
Iowa Department
of Public Health
Online Renewal
6/15/17
$240
Inv. Koontz, Hageman,
Morely and Sgt. Devine
Inside the Tape:
Suicide and SIDS
Death Scene
Des Moines, IA
7/27/17
$470
Officers Weber,
Muhlenbruch, Frein,
Koontz and Zubak
Calibre Press:
Street Survival
Seminar
Waterloo, IA
7/25-
26/17
$1,045
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Kwik Star #569, 875 Fisher
Drive
B Wine / C Beer
New
8/27/2018
x
Steamboat Gardens, 1740
Falls Ave
C Liquor
Renewal
6/13/2018
KWIK STAR #722
3. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration
Date
New or Re -
Appointment
Scott Voigt
Airport Board
06/30/2021
New
Jeff Koch
General Contractors Board of
Licensing, Examiners and Appeals
7/10/2020
New
4. Motion to approve Cigarette/Tobacco Permit Renewal Applications.
ALI'S LIQUOR 11117 E. 4TH STREET
CASEY'S PUB
4014 UNIVERSITY AVENUE
EDO'S SPORTS BAR
110 E. 11TH STREET
JOHNS TOBACCO OUTLET
1848 W. AIRLINE HWY
KARMA BAR
309 W. 4TH STREET
KWIK STAR #229
1717 E. SAN MARNAN DRIVE
KWIK STAR #380
506 W. 9TH STREET
KWIK STAR #715
1636 W. 4TH STREET
KWIK STAR #722
1214 FRANKLIN STREET
KWIK STAR #723
707 BROADWAY STREET
KWIK STAR #724
1105 CEDAR BEND STREET
KWIK STAR #732
324 FLETCHER AVENUE
July 10, 2017 Page 7
KWIK STOP 3
1104 WASHINGTON STREET
KWIK STOP 4
515 BROADWAY STREET
LOCKER ROOM LOUNGE
1918 HAWTHORNE AVENUE
METRO MART #1
3201 W. 4TH STREET
METRO MART #4
12332 FALLS AVENUE
NEIGHBORHOOD MART
2100 LAFAYETTE STREET
PRIME MART
3535 MARIGOLD DRIVE
RAYS SUPERMARKET
1975 FRANKLIN STREET
SHWE NYIKO MARKET
.911 COMMERCIAL STREET
TOBACCO OUTLET PLUS #500
1803 LA PORTE ROAD
THE BROKEN RECORD
;315 W. 4T" STREET
;777 ISLE OF CAPRI BLVD.
ISLE CASINO HOTEL -WATERLOO
4. Motion to approve application for Recycling Yard License.
• Pierce Used Cars, 1500 Commercial Street
• A -Line Iron and Metals, 1500 David Street
• Plum's R&B, 2630 WCF & N Drive
• Chase Auto Parts Co., Inc., 1041 Sheffield Avenue
• Chase Auto Parts Co., Inc., 1117 Sheffield Avenue
• Midwest Auto Parts, 275 Rampart Lane
• Alter Trading Corp., 1500 West Airline Highway
• Airline Auto Parts, Inc., 1420 West Airline Highway
• A -Line E.D.S. Inc., 808 Dearborn Avenue
• New Deal Auto Salvage, 612 Power Street
• Weekley's Recycling, 105 Dunham Place
• Waterloo Auto Parts, Inc., 1501 Grandview Avenue
• Waterloo Auto Parts, Inc., 1524 Grandview Avenue
• Pat's Auto Salvage, 945 Lowell Avenue
• Pat's Auto Salvage, 1003 Lowell Avenue
• Wilber Auto Body & Sales, Inc., 2220 Easton Avenue
• Vic Fuller Salvage & Wrecking, 2113 Mitchell Avenue
• Quails Auto Salvage & Sales, 202 Glendale Street
• Jones Metals, 2452 Burton Avenue
4. Bonds.
PUBLIC HEARINGS
145646 - Schmitt/Amos
that proof of publication of notice of public hearing on approval of a Lease Agreement with Cedar
Valley 4 Rent, LLC for property located south of 509 Riverside Drive in the amount of $1.00, for a
term ending December 31, 2027, as published in the Waterloo Courier on June 27, 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
objections.
David Dryer, 3145 W. 4th Street, questioned who is Cedar Valley 4 Rent, LLC and what are the
getting for $1.00 a year for 10 years.
Noel Anderson, explained Cedar Valley 4 Rent, LLC, Chris Fischels are the abutting property
owners at this address, as this property was purchased with FEMA funds restrictions limit use to
open space. By renting to them they will maintain the property, saving the City money.
145647 - Schmitt/Amos
that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
July 10, 2017 Page 8
145648 - Schmitt/Amos
that "Resolution approving a Lease Agreement with Cedar Valley 4 Rent, LLC for property located
south of 509 Riverside Drive in the amount of $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. Lind questioned if the City has signed leases in this area and nature in the past, benefitting the
City as they no longer need to maintain the properties.
Mr. Anderson confirmed Mr. Lind's statement.
Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-524.
145649 - Lind/Amos
that proof of publication of notice of public hearing on an opportunity to be heard regarding the sale
of certain tracts of land formerly being portions of West San Marnan Drive, located adjacent to
Sunnyside Country Club, as published in the Waterloo Courier on July 3, 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
objections.
David Dryer, 3145 W. 4th Street, requested an explanation regarding the specifics of the sale and
questioned if this is the property still in litigation in Des Moines.
Noel Anderson explained the location of the property as a portion of San Marnan Drive, west of
Galactic Drive. Action was taken to sell this as City property, the Iowa Supreme Court's decision
determined this was State property due to a transfer of jurisdiction in the 1980s, therefore the City is
going through the proper process to sell the land as outline in Iowa Code Section 306.23. Part of the
process is the opportunity to be heard to insure the City is following the Court's interpretation of the
public's right to be heard and he doesn't believe there are any pending lawsuits on this property at
this time, so the City is moving forward to sell the property. The successful sale of the land would
create over 24 lots and he believes with the recent sale of a lot by this would be a very successful
project for the City of Waterloo and create new housing opportunities.
Mr. Dryer questioned if this property is still in litigation as he hasn't heard any different at a council
meeting.
Dave Zellhoefer explained in March of this year the Iowa Supreme Court mad a ruling in favor of
the City giving them guidelines and a process, to proceed with the sale of the property. Mr.
Zellhoefer reviewed the steps the staff has taken up to this point and that next week bids will be
taken for the property.
Mr. Schmitt questioned if this in fact is the property that has been in litigation for the past six years.
Mr. Zellhoefer confirmed.
Mr. Jacobs questioned the appraised value of the lots.
Noel Anderson responded the four lots are appraised at $318,248.00, $783,886.00, $500,561.00, and
$222,305.00.
Mr. Lind questioned if the appraiser considered the properties improved and assembled.
Noel Anderson stated they were considered at their current value per the courts instructions and
indicated he will provide the council with a copy of the appraisals.
Mr. Lind questioned if this included improvements.
Noel Anderson explained the court directed they be appraised in their current condition.
July 10, 2017 Page 9
Mr. Schmitt requested council members be provided with a copy of the appraisals.
Aric Schroeder, explained as the property is broken into four different tracts, the appraiser used the
assumption of clear title, which is the issue the City is trying to resolve by completing this process.
Mr. Lind questioned if Sunnyside South has conveyed title back to the City as they own it.
Aric Schroeder responded they have a deed to the property, but clear title is a completely separate
issue.
Todd Obadal, 124 Amity Drive, stated he takes issue with the transfer of this property and that the
City should learn from this when transferring other City property.
145650 - Lind/Amos
that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
145651 - Morrissey/Amos
that the proof of publication of notice of public hearing on a request to fulfill FY 2018 Police
ammunition needs, as published in the Waterloo Courier on June 26, 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
objections and there were none.
145652 - Morrissey/Amos
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
145653 - Morrissey/Amos
that "Resolution confirming approval of bid documents, specifications, form of contract, estimate of
cost, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-525.
145654 - Morrissey/Amos
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. 2017-526.
145655 - Morrissey/Amos
Motion to receive and file and instruct City Clerk to read bids.
Bidder
Bid Amount
Ultramax Ammunition
General Ammunition
$30,767.00
Sunset Law Enforcement
Hornady .308
Ammunition
$3,575.00
Voice vote -Ayes: Seven. Motion carried.
145656 - Morrissey/Amos
that "Resolution approving award of contract to Ultramax Ammunition, of Rapid City, South
Dakota, for general ammunition in the amount of $30,767.00 and award of contract to Sunset Law
Enforcement, of Ackley, Iowa, in the amount of $3,575.00 for the Hornady .308 Caliber
July 10, 2017 Page 10
ammunition, for the FY 2018 Ammunition needs as budgeted", be adopted. Roll -call vote -Ayes:
Seven. Motion carried.
Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-527.
RESOLUTIONS
145657 - Lind/Powers
that "Resolution authorizing Traffic Operations Department to place temporary "No Parking" signs
on the east side of St. Francis Drive from Wildwood Road to San Marnan Access Road, during the
reconstruction and closure of W. 9th Street", be adopted. Roll call vote -Ayes: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-528.
145658 - Lind/Powers
that "Resolution approving the Professional Services Agreement with Shive-Hattery Engineering, to
prepare a Traffic Safety Improvement Program application for converting Ridgeway Avenue from
four (4) lanes to three (3) lanes, including performing a benefit cost analysis from Bellaire Road to
US 63 (Sergeant Road), and authorize Mayor to execute said document", be adopted. Roll call vote -
Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-529.
145659 - Lind/Powers
that "Resolution approving a Professional Services Agreement with Ament Design, of Waterloo,
Iowa for a Traffic Adaptive Signal System and Fiber Optic Communications Upgrade, at an
estimated cost of $122,423, and authorize Mayor to execute said document", be adopted. Roll call
vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-530.
145660 - Lind/Powers
that "Resolution approving Professional Services Agreement with Ament Design of Waterloo, Iowa,
to conduct a study of the Greenhill Road and Progress Avenue Intersection Improvements Project,
and authorize Mayor 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. 2017-531.
145661 - Schmitt/Amos
that "Resolution approving application for a Iowa Department of Transportation Traffic Safety Grant
in an amount up to $500,000.00, to implement traffic safety improvements at the intersection of
Ansborough Avenue and Martin Road", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-532.
145662 - Schmitt/Amos
that "Resolution authorizing Traffic Operations Department to apply for a Iowa Department of
Transportation Traffic Safety Grant to conduct a Bicycle Lane, Traffic Safety Awareness Campaign
in the amount of $22,000.00 with zero city match", be adopted. Roll call vote -Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-533.
145663 - Schmitt/Amos
July 10, 2017 Page 11
that "Resolution approving reconfiguration of Park Avenue from South Street to Franklin Street,
from four (4) lanes to two (2) lanes, and installing parking protected bike lanes on the north and
southbound lanes of Park Avenue", be adopted. Roll call vote -Ayes: Four. Nays: Three. Motion
carried.
Mr. Lind expressed his concerns regarding the project design and potential lawsuits and questioned
if "Share the Road" signs could be placed and utilized as opposed to spending $40,000.00 on paint.
He further questioned if the City insurance company is aware of the project.
Sandie Greco reviewed aspects of the project including engineering and safety. Ms. Greco explained
the project costs have been reduced to $10,000.00 as they are using stencils and paint as opposed to
purchasing thermos plastic arrows.
Mr. Lind expressed additional concerns with the design.
Randy Herod, 111 Highland Blvd., asked that the Council require bicyclists and bikes to be licensed
and require some sort of education and training with that process.
Mr. Schmitt asked that the Council consider the project further rather than making a decision now.
He further expressed the Park Avenue Bridge should become a non -motorized vehicle bridge,
possibly a pedestrian mall.
Mr. Morrissey stated he is wholeheartedly in favor of the project and has been involved in
developing the project for the past five year . He requested the speed limit be reduced to 25 m.p.h.
Mr. Jacobs expressed his concern with mixing vehicles and bikes. He further questioned additional
insurance costs and that bikes on roads should be licensed.
Mr. Welper stated he feels providing bike lanes, as surrounding communities have done, provides
safety for bicyclists.
Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-534.
145664 - Schmitt/Amos
that "Resolution approving Amendment to Agreement for Animal Control Services, increasing basic
animal service fees 3% per call with the City of Cedar Falls, commencing July 1, 2017 thru June 30,
2018 and authorize Mayor 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. 2017-535.
145665 - Amos/Schmitt
that "Resolution approving School Resource Agreement with Waterloo Community School
District to provide five (5) School Resource Officers in the schools for FY 18 in the amount of
$222,523, and authorize Mayor and City Clerk to execute said document", be adopted. Roll call
vote -Ayes: Seven. Motion carried.
Mr. Schmitt questioned if this was the same number from last year.
Joe Leibold, Police Captain, responded this is the same number as last year with an increase in funds
of $6,000.00.
Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-536.
145666 - Amos/Schmitt
that "Resolution approving the Contracted Education Proposal for the Hartman Reserve Storm water
Education Program in the amount of $2,570.14, and authorize 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. 2017-537.
July 10, 2017 Page 12
145667 - Amos/Schmitt
that "Resolution approving submission of grant application to the Otto Schoitz Foundation in the
amount of $100,000 to fund an outdoor fitness court at the Cedar Valley SportsPlex", be adopted.
Roll call vote -Ayes: Seven. Motion carried.
Mr. Schmitt asked for an overview of the outdoor fitness court.
Paul Huting, Leisure Services Director, gave an overview of the grant application for an outdoor
fitness court to be located on greenspace at the Cedar Valley SportsPlex. Mr. Huting indicated there
is no City match and funding is available through the National Fitness Foundation.
David Dryer, 3145 W. 4th Street, questioned if these funds would be better used on repairing ball
diamonds.
Mr. Huting explained the court would be located adjacent to the SportsPlex and a parking lot. He
further explained the City has received grants from other agencies and the ball diamonds are in
excellent repair. Mr. Huting feels this project fits the Schoitz Foundation criteria very well and
citizens don't have to have a SportsPlex membership to use it.
Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-538.
ORDINANCES
145668 - Morrissey/Amos
that "An Ordinance amending Title 5, Police Regulations, Chapter 5, Chronic Nuisance Properties,
Section 1, Definitions, by adding "O. Fireworks", to definitions, 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.
Captain Leibold explained the ordinance adds fireworks as a chronic nuisance violation allowing
code enforcement to site a property owner along with other chronic nuisance violations in order to
abate the nuisance.
Mr. Schmitt questioned the ability to enforce the violations based on witnesses.
Captain Leibold explained enforcement of code violations as opposed to ticketing for a fireworks
violation in that a person can be ticketed for a fireworks violation but a property can receive up to
three violations a year for a nuisance property and then an abatement plan would be required from
the property owner as a chronic nuisance.
Mr. Schmitt questioned with the other types of nuisances there is evidence, but with fireworks it
would be hard to prove the actual violator as the call would be based on a neighbor's complaint.
Captain Leibold explained the process for responding to complaints and determining violators under
the chronic nuisance ordinance as opposed to the State citation procedure.
Mr. Schmitt questioned the repercussions.
Captain Leibold explained there is an abatement plan procedure and then property owners can start
to be billed for calls to the residence.
Mr. Morrissey questioned if this would be a municipal infraction.
Captain Leibold explained this would follow the current City nuisance policy, but adding fireworks
as a nuisance.
Mr. Morrissey questioned the enforcement of a municipal infraction as opposed to a fireworks
citation.
July 10, 2017 Page 13
Captain Leibold explained if you are lighting fireworks outside of the rules set by the Council, it
would be a citable offense but if you are violating a city ordinance it would be a different offense
and the chronic nuisance property is a third type of offense with different fine schedules and rules of
law.
Todd Obadahl, 124 Amity Drive, expressed his support for adding this definition but asked that the
ordinance be changed to give rental/property owners notice of the nuisance each time rather than
waiting until the third offense to receive a notice.
Mr. Schmitt requested a legal opinion regarding the requested change.
Dave Zellhoefer explained the chronic nuisance abatement process.
145669 - Morrissey/Schmitt
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Four. Nays: Three. Motion failed.
145670 - Schmitt/Powers
that "an Ordinance amending the 2008 Traffic Code by adding Subsection (117a) Greenhill Road
and Progress Avenue - Full Actuated to Section 540, Obedience To Official Traffic Control
Devices", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes:
Seven. Motion carried.
145671 - 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.
145672 - Schmitt/Amos
that "an Ordinance amending the 2008 Traffic Code by adding Subsection (117a) Greenhill Road
and Progress Avenue - Full Actuated to Section 540, Obedience To Official Traffic Control
Devices", 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. 5404.
OTHER COUNCIL BUSINESS
145673 - Lind/Amos
that "A resolution approving request of JSA Development, LLC & Twin Trees for an extension to
repair sidewalks at 402 E 4th Street and 326-330 E 4th Street (Mulberry Street side), 128 E 4th
Street (Sycamore Street side), 315 E 5th Street (East 5th and Lafayette Street sides), and 624
Sycamore Street.", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-539.
145674 - Lind/Amos
that "A resolution approving request of American Pattern Storage for an extension to repair
sidewalks at 106-116 East 11th Street.", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-540.
145675 - Lind/Amos
that "A resolution approving request of Verla Bierber for an extension to repair sidewalks at 2335
Lafayette Street.", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-541.
July 10, 2017 Page 14
145676 - Lind/Amos
that "A resolution approving request of Shimp Construction for an extension to repair sidewalks at
701 Franklin Street, 309 Monroe Street, 407 E 7th Street, 410 E 7th Street, 1202 Lafayette Street,
301 State Street, and 337 Dearborn Street.", be adopted. Roll call vote -Ayes: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor Pro -tem assigned No. 2017-542.
ADJOURNMENT
145677 - Morrissey/Amos
that the Council adjourn at 7:40 p.m. Voice vote -Ayes: Seven. Motion carried.
a.
LeAnn . Even VMC, IaCMC
Deputy i
ClerkCity