HomeMy WebLinkAboutMinutes-11/13/2017November 13, 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, November 13, 2017. Mayor Quentin Hart in the Chair. Roll Call:
Jacobs, Morrissey, Powers, Amos, Schmitt, and Welper. Absent: Mr. Lind
Prayer or Moment of Silence.
Pledge of Allegiance: Jim Sullivan, Kelly Sullivan, Murray Davidson and Tom Davidson.
146209 - Welper/Powers
that the Agenda, as amended, to correct the contractor name and dollar amount in Public Hearing
Item #2, by adding "Woodruff Construction, LLC of Waterloo, Iowa" and "$65,522"; and adding
Item #13, Resolution affirming support of the Federal Historic Tax Credit Program, for the Regular
Session on Monday, November 13, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes:
Six. Motion carried.
146210 - Welper/Powers
that the Minutes, as proposed, for the Regular Session on Monday, November 6, 2017, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Six. Motion carried.
Mayor Hart read a Proclamation declaring November 13-19, 2017 as Registered Apprenticeship
Appreciation and Awareness Week.
Mayor Hart read a Proclamation declaring November 13, 2017, as the 75th Anniversary of the Loss
of the Five Sullivan Brothers at the Battle of Guadal Canal.
Mike Magee, a member of "USS The Sullivans DD-57/DDG-68 Association Reunion", presented
Kelly Sullivan with flowers in appreciation for all she does for the Sullivan ships and to honor the
lives of veterans and this community.
ORAL PRESENTATIONS
Jim Chapman, 224 Bertch, congratulated the candidates that ran in the election.
Don Share, 1415 Downing Avenue, identified a number of items the Northeast Iowa Food Bank
needs to be able to provide Thanksgiving meals to those in need and asked that people help.
Lawrence Wheeler, 433 Bratonober, commented on the need for the city to adopt an ordinance
prohibiting felons from possessing power tools and explained that felons are using grinders to break
into homes and businesses. He further commented that the police department needs to improve
response times.
David Dreyer, 3145 W. 4th Street, read an email response to questions he asked last week regarding
the status of the Lafayette School site and former Rath Packing site.
Mr. Morrissey stated that this Friday is Adoption Day at Black Hawk County Courthouse.
Mr. Jacobs commented that he does objects to the statement made by Mr. Wheeler that the Police
Department has slow response times.
146211 - Welper/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion
carried.
CONSENT AGENDA
146212 - Welper/Schmitt
that the following items on the consent agenda be received, placed on file and approved:
November 13, 2017 Page 2
a. Resolutions to approve the following:
1. Resolution approving Finance Committee Invoice Summary Report, dated November 13,
2017, in the amount of $3,402,364.09 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. 2017-927.
2. Resolution approving the request of Joe and Jill Leibold for tax exemptions on the
construction of a single family home valued at $223,500 for property located at 1217
Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2017-928.
3. Resolution approving the request of Dana McDougall for tax exemptions on the construction
of a single family home valued at $307,210 for property located at 1207 Partridge Lane, and
located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2017-929.
4. Resolution approving the request of Cammie Scully for tax exemptions on the construction
of home improvements valued at $120,000 for a property located at 605 Riverside Drive and
located within the Consolidated Urban Revitalization Area (CURA).
Resolution adopted and upon approval by Mayor assigned No. 2017-930.
5. Resolution approving the request of Steven Stoakes for tax exemptions on the construction of
home improvements valued at $57,568.71 for a property located at 319 Independence Ave.
and located within the Consolidated Urban Revitalization Area (CURA).
Resolution adopted and upon approval by Mayor assigned No. 2017-931.
6. Resolution setting a date of public hearing as November 27, 2017 to approve the sale and
conveyance of city owned property located adjacent to 1947 Rainbow Drive, in the amount
of $1.00 per lot, to Shay Trask including a Development Agreement, and instruct City Clerk
to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-932.
7. Resolution approving cancellation of special assessment in the amount of $48.70 for
delinquent garbage, storm and sewer fees for property located at 1641 Cherry Hills Drive,
and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation.
Resolution adopted and upon approval by Mayor assigned No. 2017-933.
8. Resolution canceling council meeting scheduled for December 26, 2017 due to the holidays.
Resolution adopted and upon approval by Mayor assigned No. 2017-934.
b. Motion to approve the following:
1.
a.
2.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
P.O. Girsch
Rifle Instructor
Recertification School
Johnston, IA
November
15, 2017
$175
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
November 13, 2017
a.
b.
c.
d.
e.
f.
g.
Page 3
Cherry Creek Grill, 1850
W. Ridgeway Avenue
C Liquor
w/Outdoor Service
Renewal
10/31/2018
x
D'Vine Medical Spa, 2515
Cyclone Drive
C Liquor
Renewal
11/30/2018
Cardinal Construction Inc.
Waterloo, IA
King Star, 127 Jefferson
Street
E Liquor
Renewal
11/6/2018
x
Mama Nick's Circle
Pizzeria, 1934 Washington
Street
C Liquor
Renewal
9/9/2018
x
Placita, 322 W. 4th Street
B Beer
Renewal
11/30/2018
x
The Saloon, 303 W. 4th
Street
C Liquor
w/Outdoor Service
Renewal
11/14/2018
Three Amigo's Family
Restaurant, 2820 Falls
Avenue
C Liquor
Renewal
8/24/2018
x
Roll call vote -Ayes: Six. Motion carried.
PUBLIC HEARINGS
146213 - Schmitt/Welper
that proof of publication of notice of public hearing on Hangar No. 4 Rehabilitation Project, at the
Waterloo Regional Airport, via IDOT Project No. 9 -I -180 -ALO -200, and IDOT Contract No. 19559,
as published in the Waterloo Courier on November 1, 2017, be received and placed on file. Voice
vote -Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
146214 - Schmitt/Welper
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
146215 - Schmitt/Welper
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-935.
146216 - Schmitt/Welper
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-936.
146217 - Schmitt/Welper
Motion to receive and file and instruct City Clerk to read bids.
Estimate: $69,750
Bidder
Bid Security
Bid Amount
Failor Hurley Construction
Waterloo, IA
°
5 /o
$73,220
Cardinal Construction Inc.
Waterloo, IA
5%
$84,552
Woodruff Construction LLC
Waterloo, IA
5%
$65,522
Voice vote -Ayes: Six. Motion carried.
November 13, 2017 Page 4
146218 - Schmitt/Welper
that "Resolution awarding bid to Woodruff Construction, LLC of Waterloo, Iowa, for the Hangar
No. 4 Rehabilitation Project, at the Waterloo Regional Airport, via IDOT Project No. 9 -I -180 -ALO -
200, and IDOT Contract No. 19559, in the amount of $65,522", be adopted. Roll -call vote -Ayes:
Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-937.
RESOLUTIONS
146219 - Morrissey/Amos
that Motion approving Change Order No. 5, final quantity summary, for a net decrease of
$62,838.39, for the FY 2017 Bridge Deck Repair and Overlay Program, Contract No. 879, and
authorize the Mayor and City Clerk to execute said document, be received, placed on file. Voice
vote -Ayes: Six. Motion carried.
146220 - Morrissey/Amos
that "Resolution approving Completion of Project and Recommendation of Acceptance of Work for
work performed by Boulder Contracting, LLC, of Grundy Center, Iowa, at a total cost of
$1,382,794.18 in conjunction with the FY 2017 Bridge Deck and Overlay Program, Contract No.
879, and receive and file two (2) year maintenance bond", be adopted. Roll -call vote -Ayes: Six.
Motion carried.
Mr. Morrisey questioned if the two year maintenance bond was typical.
Eric Thorson, City Engineer, confirmed that is required by State Code and most of the large
construction projects do have those bonds.
Resolution adopted and upon approval by Mayor assigned No. 2017-938.
146221 - Welper/Morrissey
that "Resolution approving Professional Services Agreement with Nutri-Ject Systems, Inc. of
Hudson, Iowa in an amount not to exceed $36,140, for bio -solids removal services, and authorize the
Mayor to execute said document", be adopted. Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-939.
146222 - Welper/Morrissey
that "Resolution approving Professional Services Supplemental Agreement No. 3, with AECOM
Technical Services, Inc. of Waterloo, Iowa, in an amount not to exceed $9,230, in conjunction with
the FY 2016 Shaulis Road Trail Extension - Phase I, Contract No. 858, and authorize the Mayor to
execute said document", be adopted. Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-940.
146223 - Welper/Morrissey
that "Resolution approving Professional Services Supplemental Agreement No. 1, with Ament
Design of Cedar Rapids, Iowa, in an amount not to exceed $6,715, in conjunction with the FY 2018
Ansborough Avenue Improvements, Contract No. 942, and authorize the Mayor to execute said
document", be adopted. Roll -call vote -Ayes: Six. Motion carried.
David Dreyer, 3145, W. 4th Street, requested an overview of item.
Eric Thorson, City Engineer, explained the agreement.
Resolution adopted and upon approval by Mayor assigned No. 2017-941.
November 13, 2017
146224 - Schmitt/Powers
Page 5
that "Resolution approving an Amendment to the Development Agreement with BCS Properties,
LLC and the City of Waterloo, to add additional land into the Development Agreement area, and
authorize the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes:
Six. Motion carried.
David Dreyer, 3145, W. 4th Street, requested an overview of the item.
Noel Anderson, Community Planning and Development Director, provided an overview of the
agreement.
Todd Obadal, 124 Amity Drive, commented that the city is not following state law in selling
property.
Noel Anderson explained that the property added to the Development Agreement is not city owned
and as a result, a public hearing is not required.
Resolution adopted and upon approval by Mayor assigned No. 2017-942.
146225 - Schmitt/Powers
that "Resolution approving a Professional Services Agreement with HR Green, Inc. of Cedar Rapids,
Iowa, in the amount of $364,200, in conjunction with implementation of the United States
Environmental Protection Agency Community -wide Brownfields Hazardous Substances Assessment
Grant, and authorize the Mayor to execute said agreement", be adopted. Roll -call vote -Ayes: Six.
Motion carried.
Mr. Morrissey questioned the areas that the work would be applied.
Noel Anderson explained that as other parts of the community come up the funds can be applied for
implementation.
Mr. Morrissey questioned if there were specific areas in mind within the Broadway corridor.
Noel Anderson confirmed, and explained those will come before council at the appropriate time.
Mr. Morrissey asked about the two separate grants to fund the item.
Noel Anderson explained there are two separate grants because there are two hazardous substances
to be concerned with, one hazard based and one petroleum based.
Resolution adopted and upon approval by Mayor assigned No. 2017-943.
ORDINANCES
146226 - Amos/Morrissey
that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance,
by amending Section 10-3-1 Definition of Impound Yard and Recycling, Junk or Salvage Yards, and
Section 10-27-1(H)(8) Special Permit Regulations for Recycling, Junk and Salvage Yards and other
miscellaneous updates", be received, placed on file, considered and passed for the second time.
Roll -call vote -Ayes: Six. Motion carried.
146227 - Amos/Morrissey
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll -call vote -Ayes: Three. Nays: Three (Jacobs, Morrissey, Schmitt). Motion failed.
146228 - Morrissey/Schmitt
November 13, 2017 Page 6
that "an Ordinance amending the City of Waterloo Code of Ordinances by adding a new Title 5
Chapter 2 Section 13 Fireworks", be received, placed on file, considered and passed for the first
time. Roll -call vote -Ayes: Zero. Nays: Six. Motion failed.
Myke Goings, 1203 W. 2nd Street, commented that he is in favor of Mr. Morrissey's suggestion to
limit sales to industrial areas only.
Mayor Hart explained that because there was not much support for the proposed ordinance during
the Work Session, it was agreed that additional conversation was needed with both Evansdale and
Cedar Falls officials to gather more information and do additional research.
OTHER COUNCIL BUSINESS
146229 - Morrissey/Amos
that "Motion approving Change Order No. 3, for a net increase of $57,446.80, and Change Order
No. 4, for a net increase of $34,291.32, for the FY 2017 Street Reconstruction Program, Contract
No. 921, and authorize the Mayor and City Clerk to execute said documents, be received, placed on
file. Voice vote -Ayes: Six. Motion carried.
David Dreyer, 3145 W. 4th Street, requested an overview of the change orders.
Eric Thorson explained the change orders for extra work.
Mayor Hart questioned if the prices are locked in if the work cannot be completed yet this year since
it is getting late in the season.
Eric Thorson explained it can be looked into.
146230 - Morrissey/Amos
that "Resolution affirming support of the Federal Historic Tax Credit Program and authorize the
Mayor to execute said document", be adopted. Roll -call vote -Ayes: Six. Motion carried.
David Deeds, 922 Mulberry Street, provided an overview of the resolution and the historic tax
program.
Mayor Hart commented on the importance of the program and its impact on Waterloo.
Mr. Morrissey questioned what will happen to the resolution once it is approved.
Mayor Hart commented that the information will be sent to legislators.
Mr. Morrissey questioned if votes are taking place soon on the tax credit.
David Deeds explained that the federal government is looking to have voting on the historic tax
credit completed by Thanksgiving.
Mr. Powers commented that he spoke to the legislative director for Congressman Blum and that he
and several other legislators have sent a letter to Senator Grassley to support the historic tax credit.
Resolution adopted and upon approval by Mayor assigned No. 2017-944.
146231 - Welper/Morrissey
that the council adjourn to Executive Session at 6:22 p.m. Roll -call vote -Ayes: Six. Motion
carried.
City Attorney Dave Zellhoefer stated that discussion of acquisition of property is an approved topic
of Executive Session pursuant to Iowa Code Section 21.5(1)0)(2017).
November 13, 2017 Page 7
EXECUTIVE SESSION
146232 - Welper/Schmitt
that the council adjourn Executive Session at 6:43 p.m. Voice vote -Ayes: Six. Motion carried.
ADJOURNMENT
146233 - Welper/Schmitt
that the Council adjourn at 6:43 p.m. Voice vote -Ayes: Six. Motion carried.
Kelley Fele
City Clerk