Loading...
HomeMy WebLinkAboutMinutes-08 /07/2017August 7, 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, August 7, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Prayer or Moment of Silence: Justin Kane, Grace Lutheran Church. Pledge of Allegiance: Noel Anderson, Community Planning & Development Director. 145761 - Welper/Schmitt that the Agenda, as amended, amending Item No. LA.6. by changing street closure times and adding closure of alleys with access to 4th Street, and amending Item No. 17 by changing the location from Baltimore Street to Vermont Street, for the Regular Session on Monday, August 7, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 145762 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, July 24, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Hart read a Proclamation declaring August 13 - 19, 2017, as National Health Center Week. ORAL PRESENTATIONS Joyce Wilder, 226 Bates, explained that she has experienced sewer backups at her home in 2009 and again in 2017 and each time was told by the city it is her problem. She also explained this has happened to two other individuals in her neighborhood and that the street in her neighborhood is in poor shape. She explained she wants an explanation for why her claim was denied and how the city plans to fix the infrastructure. Chad Shipman, Iowa Irish Fest, explained Irish Fest concluded this weekend and they had over 1,500 unique volunteers. He recognized and thanked the following for helping with Irish Fest: SportsPlex for their help with the Rugby Tournament, Pat Treloar and the Fire Department, Public Works Sanitation Department, Eric Thorson with Engineering, BHC Health, BHC Sheriff, Cedar Falls, Hudson, Aaron McClelland with the Waterloo Police Department for helping plan event security, JB Bolger of Leisure Services, the Boys and Girls Club, and the East High Future Trojans Wrestling Club. Mayor and Council Monthl�Renorts Mr. Lind questioned if the financial documents regarding the sale and development of the Convention Center were available to the Council members. Mayor Hart commented they have received and reviewed financial documents from the developer, who has requested remain private, and a franchise commitment letter. Mr. Schmitt commented he had a conversation with a developer about the former central garage and the developer recommended holding an auction to help with and expediting the sale. Mr. Morrissey commented that residents of Ward 3 have brought up a quiet zones survey and that will be happening on August 24, 2017. He explained the pavement striping for Park Avenue has been completed and public information meetings will be coming up soon to help educate the public. He further commented he has helped with the language on the new Hobby Farm Ordinance and feels as though progress has been made to improve the ordinance. Mr. Jacobs commented his youth group helped clean up after Irish Fest and he was impressed with how organized the event was and that it was a great event. Mr. Powers complemented the organizers of Irish Fest. He commented he has attended several community events which were also very organized and well attended. He further commented that the due diligence of the staff in responding to citizen requests in his Ward has been impressive. August 7, 2017 Page 2 Mr. Morrissey thanked the Neighborhood Associations for their efforts in organizing National Night Out. Mayor Hart made comments regarding Irish Fest, Waterloo Homecoming, and National Night Out events, and thanked the organizers for their efforts. Mayor Hart announced there will be a ribbon cutting ceremony for the Park Avenue corridor, August 17, 2017. 145763 - Welper/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 145764 - 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 August 7, 2017, in the amount of $1,469,579.36 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. 2017-604. 2. Resolution approving request to hold MDA Boot Block on August 18, August 25 and September 1, 2017 from 3:00 p.m. to 6:00 p.m., at the intersections of Franklin & E. 3rd Streets, Ansborough & Downing Avenues, LaPorte Road and San Maman Drive, and Kimball & Ridgeway Avenues. Resolution adopted and upon approval by Mayor assigned No. 2017-605. 3. Resolution approving request from Friendship Village to hold the Race To Remember 5K event starting at 9:00 a.m., August 19, 2017, on and around the Friendship Village Campus, sidewalks and side streets, with barricades on Southbrooke Drive, Rudi Place, Saratoga Drive, Cretline Avenue, Fairlane Avenue, Park Lane and Friendship Lane. Resolution adopted and upon approval by Mayor assigned No. 2017-606. 4. Resolution approving request of the Build Our Ballpark Foundation in cooperation with the Cedar Valley SportsPlex to hold its annual Kids Race and 5K fundraiser on August 12, 2017 from 8:00 a.m. to 10:00 a.m., commencing at the Cedar Valley SportsPlex and concluding at the intersection of Westfield Avenue and Highway 63, and approving barricades and traffic control. Resolution adopted and upon approval by Mayor assigned No. 2017-607. 5. Resolution approving request of Antioch Baptist Church for a variance to the Noise Ordinance on August 18, 2017 from 5:30 p.m. to 9:00 p.m. in conjunction with a Back to School Block Party event, to be held at Antioch Baptist Church, 426 Sumner Street, including use of a PA system. Resolution adopted and upon approval by Mayor assigned No. 2017-608. 6. Request of Cedar Valley Pridefest, Inc. for a variance to the Noise Ordinance and permission to close the 300 and 400 block of W. 4th Street and the 500 and 600 block of lower Washington Street, on from 4:00 a.m. on August 26 through 5:00 a.m. on August 27, 2017 and alleys with 4th Street access from 7:00 a.m. on August 26 through to 5:00 p.m. on August 29, 2017, in conjunction with Cedar Valley Pridefest 2017 event, including use of a PA system. Resolution adopted and upon approval by Mayor assigned No. 2017-609. August 7, 2017 Page 3 Resolution approving request from Velma Sallis for a waiver for a concrete driveway located at 703 Cottage Street and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2017-610. 8. Resolution approving request from Denise Thede for a waiver for a concrete driveway located at 205 Maryland 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. 2017-611. 9. Resolution approving request from Bob Lichty for a waiver for a concrete driveway located at 850 Prospect Boulevard with the elimination of the sidewalk section due to the inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2017-612. 10. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as August 24, 2017 and date of public hearing as August 28, 2017 for the FY 2018 Sidewalk Repair Assessment Program - Zone 7, Contract No. 931, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2017-613. 11. Resolution approving preliminary specifications, form of contract, etc. and setting date of bid opening as of August 17, 2017 and date of public hearing as of August 21, 2017, for the recycling processing facility to support the City of Waterloo's curbside recycling program, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2017-614. 12. Resolution approving proposed specifications, form of contract, etc. and setting date of bid opening as August 17, 2017 and date of public hearing as August 21, 2017 for solid waste and recycling containers to support the City of Waterloo's recycling and various clean-up programs, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2017-615. 13. Resolution setting date of public hearing as August 21, 2017 to approve the request by Central Property Holdings, LLC to rezone approximately 0.39 acres from "R-3" Multiple Residence District to "C -P" Planned Commercial District located near the intersection of Franklin and East 2nd Streets, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2016-616. 14. Resolution setting date of public hearing as August 21, 2017 to approve a request by Central Property Holdings, LLC for a Site Plan Amendment to the "C -P" Planned Commercial District to allow for the construction of a 26,077 square foot grocery store near the intersection of Franklin and East 2nd Streets, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2016-617. 15. Resolution setting date of public hearing as August 21, 2017 to vacate, sell, and convey a portion of an alley generally located northwesterly of East 2nd Street between Franklin Street and Walnut Street, to Central Property Holdings, LLC in the amount of $1.00, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2016-618. b. Motion to approve the following: August 7, 2017 19 rim ON 11 2 Page 4 Travel Requests Name & Title of Expiration Date New or Expiration Amount Personnel Class/Meeting Destination Date(s) not to Applebee's, 2780 Crossroads C Liquor R 6/23/2018 Exceed Investigator Gergen TASER Oelwein, IA 11/3/2017 $480 and Officer Erie Instructor Re- R 7/29/2018 x Ida Street certification Brenda's Park Road Inn, 306 School N 7/31/2018 x Bob Lentzkow, International Coralville, 8/23/2017 $199 Combination Inspector Residential IA or x Street Code 8/29/2017 Residential Casey's Pub & Eatery, 1125 Building R 7/31/2018 x W. Donald Street Inspector Exam Investigators Stratton Advance Crime Raymond, 9/18- $600 and Hageman Scene School IA 22/2017 Jason Hernandez, ESO User Group St. Louis, MO 9/25- $855 Interim Medical Meeting 27/2017 Officer and Pat B Native Wine / C R 6/2/2018 x Treloar, Fire Chief Beer / E Liquor Approved Beer, Liquor, and Wine Applications Name & Address of Expiration Date New or Expiration Includes Business Class Renewal Date Sunday Applebee's, 2780 Crossroads C Liquor R 6/23/2018 x Blvd. BJ's Bar and Billiards, 110 C Liquor R 7/29/2018 x Ida Street w/Outdoor Service Brenda's Park Road Inn, 306 C Liquor N 7/31/2018 x Park Road w/Outdoor Service Bryan's on 4th, 320 E. 4th C Liquor R 7/14/2018 x Street w/Outdoor Service/Catering Casey's Pub & Eatery, 1125 C Liquor R 7/31/2018 x W. Donald Street w/Outdoor Service Kwik Stop 3, 1104 B Wine / C Beer / E R 7/14/2018 x Washin on Street Li uor Neighborhood Mart, 2100 B Wine / C Beer / E R 7/31/2018 x Lafayette Street Liquor New Star, 1459 Ansborough B Native Wine / C R 6/2/2018 x Avenue Beer / E Liquor Southtown Lounge, 2026 C Liquor R 6/7/2018 x Bopp Street w/Outdoor Service 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Virginia Wilber Planning, Programming 8/7/2020 N and Zoning 4. Recommendation of appointment of Margaret Howard-Heretakis to the position of Project Specialist for the Community Development Department effective August 8, 2017. 4. Motion to approve Application for Vehicle for Hire Business License for All Star Taxi, 1038 Riehl Street, Apt. 3, Waterloo. 4. Motion to approve Cigarette/Tobacco/Nicotine/Vapor Permit Application for Jim's Food, 437 Sullivan Avenue, Waterloo. August 7, 2017 Page 5 4. Motion to approve Cigarette/Tobacco/Nicotine/Vapor Permit Application for United Mart Inc., dba West Side Liquor, 919 W. 5th Street, Waterloo. 5. Bonds. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 145765 - Schmitt/Powers that proof of publication of notice of public hearing on request by Cardinal Construction, Inc., for a site plan amendment to the "R -4,R -P" Planned Residence District and `B -P" Business Park District to allow for the designation of four lots as Office/Medical, located at the southeast corner of Ansborough Avenue and West San Martian Drive, as published in the Waterloo Courier on July 28, 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. 145766 - Schmitt/Morrissey that the hearing be closed and oral 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. 145767 - Schmitt/Amos that "an Ordinance amendment to 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 Site Plan Amendment to certain property", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 145768 - Schmitt/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 (Schmitt and Jacobs). Motion failed. Mayor Hart questioned the timeliness of the project. Noel Anderson, Community Planning and Development Director, explained that construction plans are not yet set. 145769 - Lind/Schmitt that proof of publication of notice of public hearing on Sale and conveyance of city owned property generally located northwest of 1318 Martin Road, in the amount of $1.00, to Cardinal Construction, Inc., as published in the Waterloo Courier on July 24, 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. 145770 - Lind/Scbmitt that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145771 - Lind/Schmitt that "Resolution authorizing sale and conveyance of city owned property generally located northwest of 1318 Martin Road in the amount of $1.00, to Cardinal Construction, Inc., and authorize the Mayor August 7, 2017 Page 6 and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mayor Hart requested an overview of the sale and conveyance. Noel Anderson provided an overview of the project. Mr. Jacobs commented staff has done a great job of planning the project and setting the city up for positive future development. Mr. Lind thanked Noel Anderson for having a Work Session prior to the council meeting and explained the incentives for the development agreement. Mr. Powers questioned if the project will come back to council once Cardinal Construction's engineers have reviewed the plans for handling flooding in the area. Noel Anderson explained this action would not come back but other projects in the area would come back. Mayor Hart questioned staff signing off on storm water detention. Mr. Lind questioned if the sewer easement would come back before the council. Noel Anderson explained the staff would need to follow all zoning codes as with any standard proj ect. Resolution adopted and upon approval by Mayor assigned No. 2017-619. 145772 - Lind/Schmitt that "Resolution approving a Development Agreement with Cardinal Construction, Inc., and authorizing 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. 2017-620. 145773 - Amos/Schmitt that proof of publication of notice of public hearing on sale and conveyance of city owned property generally located near the CVS Pharmacy at 205 Franklin Street, in the amount of $1.00, to Central Holdings, LLC., as published in the Waterloo Courier on July 28 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 commented that the developers have asked to do a presentation of the project. Rodney Anderson, Central Property Holdings, LLC, provided an overview of the proposal to build a grocery store and restaurant at 205 Franklin Street. Atif Bostic, Uplift Solutions, explained that they are a national non-profit that works in 40 states with 100% success rate working to rehabilitate grocery stores and super markets. A retail feasibility study has been conducted for the site, which determined that it is a viable location for a supermarket. He further explained they have worked with the city to develop the site plan for the location and believe this can be a successful project. Dan Levi, Levi Architecture, provided an overview of the site plans for the project. He explained the project would bring 60-80 new jobs, provide development of downtown Waterloo, and bring new energy to the neighborhood. They will also be partnering with JSA Development, Habitat for Humanity, Walnut Neighborhood, and Waterloo Community Development on the project. Community meetings will be held as well to ensure the neighborhood is on board with the project. Mayor Hart stepped out at 6:28 p.m. August 7, 2017 Page 7 Noel Anderson provided an overview of the responsibilities of the developer and city for the development agreement, including tax rebates, grants, and acquisition of property. Mayor Hart returned at 6:31 p.m. Rodney Anderson explained planning for the project has taken over a year. He commented he received an architectural drawing from an architect that he has never met and emphasized that he has partnered on the project with Levi Architecture from the beginning. He explained that they have invested time and money into planning the site and that they have met with House of Hope and that they are a big partner in the project. Ivan Valtchev, 527 East Park Avenue, commented that he supports the grocery store, his family chose to live in Walnut Neighborhood, that he has 15 years of experience working in architecture, and that these plans are not the views of the company he works for. He commented that he believes that the development would be better fitted for the San Martian area and provided an overview of his proposed changes to the site plan. The proposal included keeping the House of Hope and rotating the building 90 degrees, which would increase parking stalls to 141 and increase site lines of the building from other roads. Eric Johnson, 929 Crabapple Lane and attorney for developer, explained the developer has changed the site plan to accommodate neighborhood requests. He further explained a site plan exists and CVS would not approve the plan because it blocks the site lines of their building. Ed Otteson, Chairman of Historic Preservation Commission, explained the Commission's concerns regarding the demolition of the House of Hope as that may affect consideration for historic neighborhood status on the national registry. Patrice Ambrose, 1215 Parker Street Cedar Falls, expressed support for the project and explained that the east side of Waterloo needs this project. Michael Mohamad, 531 Commercial Street, expressed support for the project and explained that it will be a positive investment for a community that needs business activity. Mary Robinson, 321 Normandy, expressed support for the project and explained the project will bring back a sense of community to the neighborhood after businesses have moved out and appreciated that the developers sat down with the residents to see their needs from the development. Neil Hartman, owner of 4t' Street Gym, commented that Mr. Valchev is not against the developer, that he is proposing a different design and considering the money the city is investing in the project it's good to look at all options. Debra Carr, 916 Ash Street, commented she saw a development take place in Des Moines where a feasibility study was not conducted and the project was not as successful. This project has taken time to engage in cooperative economics, which examines the potential for the project long term and takes a holistic approach to planning a development and is in support of the project and the developers. Mayor Hart stepped out at 7:07 p.m. and returned at 7:07 p.m. Latonya Graves, 607 E. Donald Street, explained Mr. Valtchev's proposal would create additional traffic congestion on Walnut Street. Leon Mosley, 99 Mosley Street, commented on the restrictions placed on Waterloo's black community, in this area, in the past, the changes against those restrictions and his support of the project and development in the community. Joyce Wilder, 226 Bates Street, spoke in support of the project and explained that the location will benefit the elderly residents of the Walnut Court Apartments. Laura Hoy, 335 Almond Street, spoke in support of the project and Uplift Solutions. She thanked the City for meeting with the citizens of this community and considering their input. August 7, 2017 Dr. Johnson, 1610 Columbia Street, expressed support for the project and building hope in the community. Joe Robinson, Boston, Massachusetts, recommended placing a monument in the location of House of Hope to commemorate the positive impact it has had on the community. Cassie Fenacle, 1427 Lyon, commented that she had moved to Waterloo on a temporary basis to take a new job and decided to stay in the community and live on the east side and open an ice cream store. She spoke in support of revitalizing the downtown community and the project. Helen Seenster, 4040 Homer Street, commented she owns a business on the east side, can remember when the east side was full of businesses, and that the project is needed in the community. Forrest Dillavou, 1725 Huntington Road, commented this is a wonderful project as proposed and that 50% of the money from the incentives should be placed in the general fund. Willie Mae Wright, 327 Almond, encouraged council to approve the development. Willie Campbell, 433 Hope Street, expressed support for the developer and the project. Todd Claytor, San Francisco, California, explained he is a property owner in Waterloo and expressed his support for the project moving forward to revitalize the community. Wendell Speller, 919 E. Donald, commented he has opened a business on the east side and appreciates that this project is on the east side which will help to support his investment in the community. Charles Pierson, 1750 Flower Street, commented a 20th Century African American Civil Rights grant exists through the State Historical Society to help rehabilitate buildings in the community. 145774 - Morrissey/Amos to take a five minute recess at 7:43 p.m. Voice vote -Ayes: Seven. Motion carried. 145775 - Schmitt/Morrissey to resume at 7:48 p.m. Voice vote -Ayes: Seven. Motion carried. Chuck Rowe, 159 Graceline, Boys and Girls Club, explained the project supports the teachings of the Boys and Girls Club by providing healthy food and employment opportunities. Karen Rowe, 159 Graceline and House of Hope, explained that the House of Hope is not just a building it is a support system and that the project will support the futures of the families served by the House of Hope and the residents of the Walnut area. Debra Berry, 208 Greenbryer Road, commented Rodney Anderson is a person with character and dignity who cares about what he is doing with the community and should be supported. She further commented the 80 jobs the project will provide is especially important. David Dreyer, 3145 W. 4th Street, expressed concerns regarding progression of rezoning, site plan amendment and sale of property near the intersection of Franklin and East 2 a Streets in relation to the sale of this property and the project. Dan Levi, Levi Architecture, Iowa, commented on the shortfalls of the proposed alternate plan and moving forward on the plan as proposed and approved by the Planning and Zoning Commission. Atik Bostic, Uplift Solutions, commented All In Grocers is the appropriate name for the store and that the project is about the entire community not a particular race or ethnicity. He further commented on the support of the community for the project. August 7, 2017 145776 - Amos/Schmitt Page 9 that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145777 - Amos/Schmitt that "Resolution authorizing sale and conveyance of city owned property generally located near the CVS Pharmacy at 205 Franklin Street, in the amount of $1.00, to Central Holdings, LLC, and authorize Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Lind questioned the portion of property the city owns. Noel Anderson commented the city owns alley portions near the project and as part of the development agreement the city would be authorized to sell the property once acquired. Mr. Lind requested clarification on the city investment in the property. Noel Anderson explained the financial investments in the property for the city and developer. Mr. Lind clarified the Assessor only taxes the structure and property. Mr. Jacobs questioned the proposed wages for jobs at the store. Rodney Anderson commented the wages would start at $10.00/ hour and general managers and managers would earn more. Mr. Jacobs commented the council has not heard about the project and would like to know about large projects in the future. Mayor Hart explained council members are invited to the Economic Development meetings but the meetings have been poorly attended. He stated that he takes full responsibility for communications on this project. Mr. Morrissey commented that it would have been good to have more time to review the project but he is in support of the project. He further commented he hopes this will not interfere with bike access to Park Avenue. He also asked that the Mayor and Interim Public Works Director reduce the speed on Franklin Ave. to assist patrons entering and exiting the business safely. Mr. Schmitt commented the project should have been held as a work session prior to this so that all parties could meet and talk. Noel Anderson explained the developer held meetings with community members and offered his office as a meeting location. Mr. Powers commented this is a great project that the community is wanting and thanked Rodney Anderson for his investment in Waterloo and his faith in the community. Mr. Amos commented he had an opportunity to talk to Mr. Anderson, he understands the community, and that this will be a great project. He further commented this project needs to happen soon. Mr. Welper thanked Mr. Anderson for his investment in Waterloo. Mayor Hart expressed his appreciation for the passion of the community for the success of this project and asked that everyone use this passion to continue to build the community and expand this success into other communities. Resolution adopted and upon approval by Mayor assigned No. 2017-621. 145778 - Amos/Schmitt August 7, 2017 Page 10 that "Resolution approving a Development Agreement with Central Holdings, LLC, and authorize Mayor and City Clerk to execute said agreement" be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-622. 145779 - Morrissey/Powers that proof of publication of notice of public hearing on Osage Road and Dubuque Road Traffic Safety Improvements Project - CS -TSF -8155(745)--85-07, as published in the Waterloo Courier on July 24, 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. 145780 - Morrissey/Powers that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145781 - 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. 2017-623. 145782 - Morrissey/Powers that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-624. 145783 - Morrissey/Amos Motion to receive and file and instruct City Clerk to read bids. Engineer's Estimate: 5180.000 Bidder Bid Security Bid Amount K&W Electric Inc. 5% $185,000 Cedar Falls, IA Voice vote -Ayes: Seven. Motion carried. 145784 - Morrissey/Amos that "Resolution awarding bid to K & W Electric of Cedar Falls, Iowa, in the amount of $185,000, in conjunction with the Osage and Dubuque Road Traffic Safety Improvements Project, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Welper announced the public hearing on Site Service for processing curbside recycling, is cancelled due to lack of bids. Mr. Welper announced the public hearing on solid waste containers and disposal of recycling, is cancelled due to lack of bids. Mr. Morrissey questioned procedures when no bids are received. Sandie Greco, Interim Public Works Director, explained the bid will be let again, which the council authorized by consent resolution setting a new public hearing date and bid opening. Resolution adopted and upon approval by Mayor assigned No. 2017-625. August 7, 2017 RESOLUTIONS 145785 - Amos/Morrissey Page 11 that "Resolution authorizing purchase of a Full Spectrum Imaging System from Arrowhead Scientific, Inc. of Lenexa, Kansas, in the amount of $62,287.15 with a $30,000 grant from Black Hawk Gaming, and the remaining cost shared between Black Hawk County Attorney, Black Hawk County Sheriff, and Waterloo Police Department", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-626. 145786 - Amos/Morrissey that "Resolution approving a lease agreement with C & S Car Company for a 2018 Hyundai Santa Fe, VIN 95XYZUDLB7JG512284, to be used by the School Resource Officers for a six (6) month period at no cost to the City, and authorize Mayor to execute said agreement", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-627. 145787 - Amos/Morrissey that "Resolution approving 28E Agreements with Elk Run Heights, Cedar Township, and East Waterloo Township, to provide fire and EMS protection, and authorize the Mayor to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-628. 145788 - Schmitt/Powers that "Resolution approving a Technical Memorandum with AECOM in conjunction with the University Avenue Reconstruction from Midway Drive to US 63 Waterloo, Iowa, Contract No. 933 & 934, and authorize the Mayor and City Clerk to execute said agreement", be adopted. Roll call vote -Ayes: Five. Nays: Two (Morrissey and Schmitt). Motion carried. Mr. Schmitt questioned if the council is locked into portions of the contract with respect to lighting, bike trails, and round -a -bouts. Eric Thorson, City Engineer, explained he could review the Engineering Department's recommendations, but would like to have this approved to proceed with the preliminary design in order to received bids shortly after the first of the year to get the lowest quotes. Mr. Schmitt questioned if roundabouts are feasible in the project. Eric Thorson explained the plans do not include round -a -bouts as the foot print does not allow space for them. Mr. Morrissey questioned what weight this decision would carry. Eric Thorson explained this vote would move the project forward. Mr. Morrissey questioned if members of council do not agree with the plan then they should vote no as he does not support the speed limit as proposed. Eric Thorson explained frontage roads do not allow access so their recommendation would be to keep the 45 mph speed limit. Mr. Schmitt questioned the meeting schedule. Eric Thorson explained a public input meeting was held, another will be held on the preliminary design and then a public hearing will be held for bidding the project. August 7, 2017 Page 12 Mayor Hart explained there would be other opportunities for people to participate or comment, prior to the project being finalized. Eric Thorson commented input would be allowed, but at this point they were asking that the council allow them to proceed with the project as proposed to try to meet the schedule that would allow the best bid prices, and that there has been ample opportunity for input on the project over the last six months. Mayor Hart questioned if during that schedule the council could make changes. Eric Thorson explained minor changes could be made, but if the council were considering rounda- bouts, this would be the time to change the plans. He commented their recommendation was the signalized plan. Mayor Hart questioned the current plans. Eric Thorson explained the Technical Memorandum spelled out the plans and the recommendations of the Engineering Department and the motion would allow the council to approve those recommendations. Mr. Schmitt questioned if it would be feasible to wait one week or so to further review the project. Eric Thorson explained the bidding process and time limitations for the consultants. Doug Schindel, AECOM, explained they would like to move forward with the project as there are further plans to draw based on the Technical Memorandum. He stated a one-week delay would not make a large impact on the schedule but it is important to continue to move forward to meet the time schedule. Mayor Hart explained the council has indicated they would like an additional work session. Mr. Morrissey commented he would like a work session with public input to allow members of the public to have an opportunity to speak. Mr. Schmitt questioned the cost at intersections mentioned, when they were given that information, and if more detailed information would be available at another meeting, allowing council to make a more informed decision. Eric Thorson indicated those numbers were included in the presentation. Mr. Lind commented that delaying the project will increase the cost exponentially and that it would be good to move forward. Mr. Powers commented he supports moving forward but would like to give the public an opportunity to speak. Mr. Welper commented it is important to listen to the experts and move forward. Mr. Jacobs commented the council needs to move forward. Mr. Morrissey recommended delaying the project to have a public session for further discussion. He further questioned the Technical Memorandum and the public's understanding of it. Mr. Schmitt questioned delaying two weeks. Doug Schindel explained various avenues that have been available to the public for input and indicated they received very little response. Resolution adopted and upon approval by Mayor assigned No. 2017-629. 145789 - Schmitt/Morrissey August 7, 2017 Page 13 to table for one week with work session. Roll call vote -Ayes: Two. Nays: Five (Amos, Jacobs, Powers, Lind). Motion failed. 145790 - Schmitt/Powers that "Resolution approving a Professional Services Agreement between the City of Waterloo and Louis Berger U.S., Inc., for an architectural re -survey of the Walnut Street neighborhood and a National Register of Historic Places (NRNP) historic district nomination for the Walnut Street area, in the amount of $20,750, 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. 2017-630. 145791 - Schmitt/Powers that "Resolution approving a request by the City of Waterloo for the preliminary plat of Brock Second Addition, a one lot industrial subdivision located west of 2010 West Ridgeway Avenue", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-631. 145792 - Lind/Welper that "Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-2(C) Final Plat Approval, as it relates to the approval of the final plat of Brock Second Addition", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-632. 145793 - Lind/Welper that "Resolution approving a request by the City of Waterloo for the final plat of Brock Second Addition, a one lot industrial subdivision located west of 2010 West Ridgeway Avenue", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-633. 145794 - Morrissey/Powers that "Resolution supporting the application by Black Hawk Contracting & Development Co. for the Iowa Workforce Housing Tax Incentives Program to construct four new single family homes in Waterloo, located on Madison Street, Monroe Street and Hummingbird Circle, and rescinding Resolution No. 2015-984, 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. 2017-634. 145795 - Morrissey/Powers that "Resolution supporting the application by Black Hawk Contracting & Development Co. for the Iowa Workforce Housing Tax Incentives Program to construct four new single family homes in Waterloo, located on Vermont Street and Hummingbird Circle, 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. 2017-635. 145796 - Amos/Morrissey that "Resolution approving Business Property Lease Agreement between Christian Community Development and the City of Waterloo for 222 Walnut Street in the amount of $1.00, to allow for use by residents while new facility is being renovated, and authorize Mayor and City Clerk to execute all necessary documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. August 7, 2017 Page 14 Resolution adopted and upon approval by Mayor assigned No. 2017-636. 145797 - Amos/Morrissey that "Resolution approving Real Estate Purchase Agreement between Christian Community Development and the City of Waterloo for 222 Walnut Street for $354,000, to allow for redevelopment of the area, and authorize Mayor and City Clerk to execute all necessary documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Lind questioned why an appraisal was not completed for a purchase agreement. Noel Anderson explained the process for appraising properties which are occupied rather than trying to have an appraisal of the property and relocation. Mr. Lind questioned if they are confident the computation is fairly accurate. Noel Anderson explained this is consistent with what the city has done with other properties based on assessed values. Mr. Lind questioned if the market supports that calculation. Noel Anderson explained the valuation wouldn't be close to that number, but with relocation costs it would be around that number. Mr. Jacobs questioned the relocation costs. Noel Anderson explained the city would have to follow a federal relocation cost formula. Resolution adopted and upon approval by Mayor assigned No. 2017-637. ORDINANCES 145798 - Morrissey/Amos that "an Ordinance amending the 2008 Traffic Code by adding Subsection (20a) East side in the 400 block of Sixth Street (E), to Section 549, Loading Zones be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 145799 - Welper/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. Mr. Schmitt questioned the timeliness of the item. Sandie Greco explained the area would be used as a loading zone for citizens to pick up property at the Police Department as current parking is designated for city vehicles. 145800 - Welper/Morrissey that "an Ordinance amending the 2008 Traffic Code by adding Subsection (20a) East side in the 400 block of Sixth Street (E), to Section 549, Loading Zones 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. 5410. 145801 - Morrissey/Amos that "an Ordinance amending the 2007 City of Waterloo Code of Ordinances by enacting a new Title 6, Motor Vehicles and Traffic, Chapter 1 Traffic Code by adding Section 4; Automated Traffic Enforcement," be received, placed on file, considered and passed for the third time and adopted. Roll call vote -Ayes: Six. Nays: One (Jacobs). Motion carried. August 7, 2017 Page 15 Don Share, 2719 University Avenue, provided council with a copy of an article from the Cedar Rapids Gazette regarding red light cameras. He explained class action lawsuits have been brought against the city for use of the cameras and reporting the information to credit bureaus for collection of unpaid fines and voiced his opposition to the use of these cameras. Wayne Nathem, 548 Cloverdale, questioned how much revenue will be taken in by the cameras. Dan Trelka, Chief of Police, explained that he believes that it will generate $300,000 to $700,000 per year. Mr. Schmitt questioned where the camera, generated funds would go. Mayor Hart explained until it was determined if more officers were being hired the revenues would most likely go into the general fund. Michelle Weidner, Chief Financial Officer, explained these revenues haven't been discussed. She suggested the council approve retaining the funds and designating the year in which they can be spent. Mr. Jacobs commented from phone calls he received he believes the cameras will be anti -consumer and questioned how they were going to enforce tickets issued. He stated he would recommend the council not approve the ordinance. Mr. Schmitt questioned if the cameras were also going to be used for public safety. Dan Trelka commented the footage from the videos would be able to be used for investigation. Mr. Powers questioned why cameras would deter consumers from shopping, as it would add safety and asked for clarification on how the city will be reimbursed. He suggested any funds generated be used in the high crime areas and that safety is a greater concern for him than revenue. Mr. Jacobs commented Dubuque put safety cameras in high crime areas, that these cameras were to be used differently, and he doesn't want the council confusing the two. Mr. Welper commented if you aren't committing a crime then you shouldn't have a concern with the cameras. Mr. Schmitt questioned the use of cameras in Dubuque. Dan Trelka explained Dubuque doesn't use their cameras for traffic enforcement but that his intentions are to use them for both traffic and criminal investigations. Mr. Schmitt questioned purchasing the cameras in light of lawsuits against other cities and if GATSO had provided this information. Dorian Grubaugh, GATSO USA, commented the cameras are legal in the State of Iowa and the only cameras he is aware are being removed are those being used on state interstates, which he is confident will be replaced for safety reasons. He further commented on numerous hearings and appeals allowed for due process on citations. Mr. Morrissey questioned the percentage of unpaid tickets. Dorian Grubaugh explained 60-75% of citations are paid with the rest being turned over to Iowa Income Offset, with a 70% return on collections, or utilize the hearing and appeals process. Mr. Morrissey questioned if there is data indicating these cameras save lives. Dorian Grubaugh commented based on studies, there is a reduction of accidents by 30% and speed reduction by 30-50%, which saves lives. Mr. Morrissey questioned placing the cameras at high activity intersections. Dan Trelka explained the high traffic locations that will have cameras have had fatalities. August 7, 2017 Page 16 Mr. Schmitt questioned if officers can have discretion about whether or not to issue a ticket based on camera data. Dan Trelka explained it is at the discretion of the officer to use the camera information. Mr. Amos questioned if the cameras could detect speed along with red lights and if citations would be issued for both. Dan Trelka responded they would be used for issuing red light tickets only. Ordinance adopted and upon approval by Mayor assigned No. 5411. OTHER COUNCIL BUSINESS 145802 - Amos/Morrissey that "Resolution approving a Customer Agreement with Gatso USA, Inc. of Beverly, Massachusetts, for a fee of $36.00 per paid citation for ATE (Automated Traffic Enforcement) services to the City of Waterloo, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Nays: One (Jacobs). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-638. 145803 - Amos/Morrissey that `Resolution approving ATE (Automated Traffic Enforcement) fine schedule for speeding and red light violations", be adopted. Roll call vote -Ayes: Six. Nays: One (Jacobs). Motion carried. David Dreyer, 3145 W. 4th Street, questioned fine amounts. Dan Trelka read the proposed fine amounts for red light and speed camera violations. Mr. Morrissey questioned the stopping regulations regarding red light citations. Dorian Grubaugh explained the Police Department receives twelve seconds of video to determine how to process the ticket. He further explained that the Police Department sets up requirements for videos and suggested parameters for right -turn violations. Mr. Morrissey questioned minimum speed regulations for right -turn on red citations. Mr. Jacobs questioned the additional man hours required to administer the program. Dorian Grubaugh explained this would be dependent on the number of violations issued. He estimated officers could process 100 violations per hour. Mr. Jacobs questioned if additional staff will need to be hired to administer the program. Dan Trelka explained the department generally has 1-2 officers on light duty and due to the ease of the program, he does not anticipate hiring additional staff to administer the program. Mayor Hart questioned signage alerting cameras are being used. Dorian Grubaugh explained there would be signage to alert drivers that they are coming to an intersection that is photo enforced, provided by GATSO USA. Resolution adopted and upon approval by Mayor assigned No. 2017-639. 145804 - Morrissey/Amos that "Resolution preliminary approving construction of sidewalk improvements in conjunction with the FY 2018 Sidewalk Repair Assessment Program — Zone 7, Contract No. 931", be adopted. Roll call vote -Ayes: Seven. Motion carried. August 7, 2017 Page 17 Resolution adopted and upon approval by Mayor assigned No. 2017-640. 145805 - Morrissey/Amos that "Resolution to fix value of lots in conjunction with the FY 2018 Sidewalk Repair Assessment Program—Zone 7, Contract No. 931", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-641. 145806 - Morrissey/Amos that "Resolution to adopt preliminary plat and schedule of assessments and estimate of costs, in conjunction with the FY 2018 Sidewalk Repair Assessment Program — Zone 7, Contract No. 931 be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-642. 145807 - Morrissey/Amos that "Resolution of Necessity and setting date of hearing as August 28, 2017, in conjunction with the FY 2018 Sidewalk Repair Assessment Program — Zone 7, Contract No. 931", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-643. 145808 - Lind/Morrissey that Change Order No. 1 for a decrease in the amount of $8,344.16, to Peters Construction of Waterloo, Iowa, in conjunction with the 2017 Riverfront Stadium Flood Repair Project, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 145809 - Lind/Morrissey that Change Order No. 1 for a total increase of $5,500, in conjunction with the Hangar No. 5 Rehabilitation Project at the Waterloo Regional Airport, and authorized the Mayor to execute said document, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 145810 - Morrissey/Amos that the Council adjourn at 9:20 p.m. Voice vote -Ayes: Seven. Motion carried. Nelley Felc e City Cle k