HomeMy WebLinkAboutMinutes-05/02/2016May 2, 2016
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, May 2, 2016. Mayor Quentin
Hart in the Chair. Roll Call: Jacobs, Morrissey, Lind, Schmitt, and Welper.
Absent: Amos.
Prayer or Moment of Silence led by Justin Scott, Cedar Valley Atheists.
Pledge of Allegiance: Quentin Hart, Mayor.
145981 - Welper/Schmitt
that the Agenda, as amended by tabling item #14 postponing the call for a
special election, for the Regular Session on Monday, May 2, 2016, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Five. Motion carried.
Mr. Schmitt stated that he has numerous questions regarding this special
election and questioned the best timing to ask them.
Suzy Schares, City Clerk, explained that the request for delay stems from the
desire to get a legal opinion regarding the actual date of the special election.
She added that any questions that council might have could be forwarded to her
and she will gather the information they are seeking before this item is brought
back before council.
145982 - Welper/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, April 25,
2016, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Five. Motion
carried.
Mayor Hart read a Proclamation declaring May 1-8, 2016 as Days of Remembrance.
Mayor Hart read a Proclamation declaring May 2016 as Bicycle Month.
Mayor Hart read a Proclamation declaring May 5, 2016 as Day of Reason.
Mayor Hart read a Proclamation declaring May 1-7, 2016 as Municipal Clerks Week.
Mayor Hart recognized Darin Rulapaugh as the May 2016 Team Member of the Month.
Presentation of Commendation to Jacob Daniel Colbert.
CONSENT AGENDA
145983 - 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 May
2, 2016, in the amount of $2,955,251.80, 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. 2016-315.
2. Resolution approving abatement of mowing and weeds assessment for parcel
number 8913-24-257-016, generally located next to 122 North Barclay
Street, in the amount of $197.50.
Resolution adopted and upon approval by Mayor assigned No. 2016-316.
b. Motion to approve the following:
1.
a.
b.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Sgt. Farmer
Risk Management &
Civil Liability
for Police K-9
Brooklyn
Park, MN
May 17-18,
2016
$418.00
Nick Anderson
Pediatric
Advanced Life
Iowa City,
IA
May 25-26,
2016
$250.00
May 2, 2016 Page 2
2.
a.
b.
c.
d.
e.
f.
g•
h.
Support
(PALS)
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Casey's General Store
#2880, 1604 LaPorte
Road
B Native Wine, C
Beer
Renewal
4/18/2017
X
WCA Building &
Amphitheatre, 225
Commercial Street (5
Day License Adding
Liquor)
C Liquor
w/Outdoor
Service
New
05/10/2016
New
Dollar General Store
#10073, 3815
University Avenue
(Ownership Update)
C Beer
New
02/28/2017
Crai Holdiman
g
Dollar General Store
#4698, 2935 Logan
Avenue (Ownership
Update)
C Beer
New
02/28/2017
Sunnyside Country
Club, 1600 Olympic
Drive (Ownership
Update)
A Liquor
New
04/13/2017
Basal Wood Fired
Pizza, 225 W. 4th
Street
C Liquor
w/Outdoor
Service
New
04/30/2017
Gates Park Golf
Course, 820 E. Donald
Street
C Liquor
w/Outdoor
Service
Renewal
05/10/2017
X
Legends Sports Grill,
118 Commercial Street
(New Outdoor Service
Area)
C Liquor
w/Outdoor
Service
New
01/21/2017
3. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration
Date
New or Re -
Appointment
Leah Morrison
Planning, Programming
& Zoning Commission
i
05/16/20_9
Re -Appointment
Tavis Hall
Planning, Programming
& Zoning Commission
05/16/2019
Re -Appointment
Luke Jenson
Historic Preservation
Commission
05/02/2019
New
Gina Jordan -Burg
Design Review Board
05/02/2019
New
Crai Holdiman
g
Planning, Programming
& Zoning Commission
05/16/2019
New
4. Cigarette/Tobacco Permit New Application for Eagle Petroleum Corp DBA Speedy
Mart, 926 Linn St.
5. Application for Vehicle for Hire Business License for First Call Taxi &
Courier Service, 400 W. Main Street, La Porte City.
6. Application for Vehicle for Hire Business License for Dolly's Taxi LLC, PO
BOX 128, Cedar Falls.
7. Application for Vehicle for Hire Business License for City Cab, 1211 N.
Barclay Street, Waterloo.
8. Application for Vehicle for Hire Business License for CJ's Courtesy Cab,
7920 Zaneta Rd., Hudson.
9. Application for Vehicle for Hire Business License for The Loop, 121 Webster
St, Waterloo.
10. Bonds
Roll call vote -Ayes: Five. Motion carried.
May 2, 2016 Pa e 3
4
Mr. Lind questioned, with regard to item 2.b., if the Riverloop held the liquor
license for this.
Suzy Schares, City Clerk, explained that this is a special event requiring a 5
day license for the event only.
Mr. Morrissey asked for clarification of items 1.b.2.c. and 1.2.d.
Suzy Schares, City Clerk, explained that these are ownership changes only and,
with these changes, a new vote must be taken by council.
Mayor Hart recognized the new appointees to various boards/commissions.
PUBLIC HEARINGS
145984 - Schmitt/Welper
that proof of publication of notice of public hearing on the request by Claassen
Engineering on behalf of Realty Income Corporation for a site plan amendment to
the "S-1" Shopping Center District to allow for the construction of a 4,980 SF
restaurant building with 50 -stall parking lot, located at 2825 Crossroads
Boulevard, as published in the Waterloo Courier on April 22, 2016, be received
and placed on file. Voice vote -Ayes: Five. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
145985 - Schmitt/Welper
that the hearing be closed and recommendation of approval of the Planning,
Programming and Zoning Commission be received and placed on file. Voice vote -
Ayes: Five. Motion carried.
145986 - Schmitt/Welper
that "an Ordinance approving a request by Claassen Engineering on behalf of
Realty income Corporation, for a site plan amendment t all w ff premise
..ignagc t bo located at 2825 Crossroads Boulevard, to construct a new
restaurant and coffee shop", be received, placed on file, considered and passed
for the first time. Roll call vote -Ayes: Five. *Strike through to correct typo.
145987 - Morrissey/Schmitt
that proof of publication of notice of public hearing on the request by Lamar
Advertising for a site plan amendment to the "S-1" Shopping Center District to
allow for the construction of a 45' tall, 378 SF off -premises billboard, located
at 2010 Sears Street, as published in the Waterloo Courier on April 22, 2016, be
received and placed on file. Voice vote -Ayes: Five. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
145988 - Morrissey/Schmitt
that the hearing be closed and recommendation of approval of the Planning,
Programming and Zoning Commission be received and placed on file. Voice vote -
Ayes: Five. Motion carried.
145989 - Morrissey/Schmitt
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 on certain property", be received, placed
on file, considered and passed for the first time. Roll call vote -Ayes: Four.
Nays: One (Morrissey).
Mr. Morrissey spoke in opposition to the sign due to it being cluttered in the
area.
RESOLUTIONS
145990 - Schmitt/Morrissey
that "Resolution approving an amendment to the fuel agreement between the City
of Waterloo, Black Hawk County, Waterloo Community Schools and Metropolitan
Transit Authority increasing the surcharge from $.04 to $.05 per gallon
effective July 1, 2016 to help offset increased maintenance costs associated
with the City Fuel Distribution site and authorize Mayor and City Clerk to
execute said document", be adopted. Roll call vote -Ayes: Five.
May 2, 2016
Resolution adopted and upon approval by Mayor assigned No. 2016-317.
145991 - Schmitt/Morrissey
Page 4
that "Resolution approving Convention & Visitors Bureau (CVB) Board
recommendations for funding two mini -grants: 2016 My Waterloo Days for the Gus
Macker 3 -on -3 basketball tournament ($2,203) and Waterhawks Ski Team request for
new safety docks ($2,200)", be adopted. Roll call vote -Ayes: Five.
Resolution adopted and upon approval by Mayor assigned No. 2016-318.
145992 - Schmitt/Morrissey
that "Resolution approving Memorandum of Understanding with INRCOG, in an amount
up to $2,000 if the grant is awarded, for grant writing services related to a
Land and Water Conservation (LWCF) Outdoor Recreation Legacy Partnership Grant
(ORLP) Program Grant to be used for the Cedar River Whitewater and Habitat
Improvements Project", be adopted. Roll call vote -Ayes: Three. Nays: One
(Lind). Abstain: One (Schmitt). Motion failed.
Mr. Lind questioned if City funds will be used to match the grants and what the
business plan is.
Paul Huting, Leisure Services Director, explained that the thought process is to
leverage other grants to make the match for the grants and explained the details
of the costs related to this item.
Kevin Blanchard, INRCOG, explained that this is an unusual opportunity and Iowa
will pick two projects within the state to move to the National Park Service for
a chance to be chosen. If the grant is not funded, there is no charge to the
City for grant writing.
Mr. Schmitt questioned the level of competition for these grants.
Mr. Blanchard said there are 9 cities who, based on population, could qualify to
participate in this application process; however, there are too many variables
to determine the number of applicants there will be for this grant money.
Mr. Morrissey clarified the amount of the grant would be up to $750,000.00.
Kevin Blanchard provided details for the timing of the grant application and
funding agreement process. He added that the National Park Service would be
looking for shovel -ready projects and stressed the need for timeliness.
Mr. Jacobs asked what sources would be used for the city's matched funding.
Paul Huting stated that they would be looking for other available grant money
that could be directed toward this project in order to fund the city's portion
and the goal is that no city money would actually go toward this project.
Mr. Schmitt clarified that the match does not have to be taxpayer money.
Suzy Schares, City Clerk, reiterated that council will get the opportunity to
review this again once the funding is granted before the city would be committed
to it.
Mr. Schmitt stated that he is abstaining from the vote because the building he
owns is right on the river and this may present a conflict of interest.
Mr. Morrissey requested a time of discussion and request for reconsideration on
this item.
Mayor Hart asked if there were any legal reasons that Mr. Schmitt should astain
in this matter.
Dave Zellhoefer, City Attorney, stated that, while a conflict could be perceived
as such by some, there is not legal reason for Mr. Schmitt to abstain.
Mr. Welber suggested waiting for Mr. Amos to return and bring this back before
council next week.
Kevin Blanchard stated that the grant application is due in Des Moines on
Tuesday, May 10.
Mayor Hart clarified that if council voted for this item and the funding was not
approved there would be no cost to the city related to it and, even if funding
is approved, then the $750,000.00 of matching funds can come from multiple of
May 2, 2016
Page 5
sources other than the taxpayer dollar. Even after funding is established,
there would still be opportunity to deny the project.
Paul Huting, Leisure Services, affirmed Mayor Hart's statements and added that
there are still several things that need to happen before this project is fully
approved. There is a contract that has to come before the City Council for
approval before the Mayor would be allowed to sign it.
Mr. Welper questioned, due to the urgency
tomorrow electronically including Mr. Amos
Suzy Schares, City Clerk, stated that 24
before a vote could be held.
of this item, if a vote could be held
in this process.
hour public notice needed to be made
Mr. Morrissey asked if Mr. Schmitt or Mr. Lind would consider allowing this to
be reconsidered.
Mr. Lind stated that he would not reconsider.
Mr. Schmitt agreed to a second if Mr. Amos would make a motion to bring this
item back before council.
Mr. Blanchard asked for clarification.
Mayor Hart stated that contact would be made with him following an electronic
council meeting tomorrow to let him know what direction council would be going
on this item.
145993 - Schmitt/Morrissey
that "Resolution approving application to the Iowa Department of Natural
Resources to seek Land and Water Conservation Fund financial assistance from the
National Park Service, in an amount up to $750,000, in conjunction with the
Cedar River Whitewater and Habitat Improvements Project", be adopted. Roll call
vote -Ayes: Three. Nays: One (Lind). Abstain: One (Schmitt). Motion failed.
145994 - Welper/Morrissey
that "Resolution approving award of contract to B & B Builders and Supply, of
Waterloo, Iowa in the amount of $315,365.83; and approving the bonds and
Certificate of Insurance for the F.Y. 2016 Sidewalk Repair Program - Zone 6,
Contract No. 902; and authorize Mayor and City Clerk to execute said documents",
be adopted. Roll call vote -Ayes: Five.
Resolution adopted and upon approval by Mayor assigned No. 2016-319.
145995 - Welper/Morrissey
that "Resolution approving Supplemental Agreement No. 2 with Synder &
Associates, Inc. of Ankeny, Iowa, in the maximum amount payable of $59,800.00
for additional services by the contractor after the completion deadline for the
F.Y. 2014 Stormwater Lift Stations (Hollywood, Cedar Bend, Fletcher), Contract
No. 836, and authorize Mayor to execute said document", be adopted. Roll call
vote -Ayes: Five.
David Dryer, 3145 W. 4th Street, asked how the city would recoup this money.
Eric Thorson, City Engineer, explained that the City will recoup the costs from
liquidated damages.
Resolution adopted and upon approval by Mayor assigned No. 2016-320.
145996 - Welper/Morrissey
that "Resolution approving a permanent and temporary easement agreement with
Realty Income Corporation in order to allow for the future construction of
sidewalks along property located at 2825 Crossroads Blvd.", be adopted. Roll
call vote -Ayes: Five.
Resolution adopted and upon approval by Mayor assigned No. 2016-321.
145997 - Morrissey/Welper
that "Resolution approving Supplemental Agreement No. 6 with Ament
Cedar Rapids, Iowa, in the maximum amount payable of $65,913.00 for
services for the F.Y. 2014 Kimball Avenue Transportation Improvements
No. 843, and authorize Mayor to execute said document", be adopted.
vote -Ayes: Five.
, Inc. of
additional
, Contract
Roll call
May 2, 2016
Mr. Jacobs asked for an update on the project.
Page 6
Eric Thorson, City Engineer, explained that final grading and seeding is being
completed but the project is almost complete and will be completed soon.
David Dryer, 3145 W. 4th Street, asked for clarification of the expenses
associated with these additional services.
Eric Thorson, City Engineer, explained that the federal projects and the
contingency amount were included in the contract.
Amy Cass, 625 Magnolia Pkwy, questioned if there is any contractual liability
from which we should be recouping some of the losses in cases like this.
Mayor Hart clarified the differences between these items.
Mr. Lind asked for clarification that the amount stated was included in the
original contract to be used should it become necessary.
Eric Thorson, City Engineer, stated that this was a part of the consultants
contract and wasn't actually a part of the bid.
Resolution adopted and upon approval by Mayor assigned No. 2016-322.
145998 - Morrissey/Welper
that "Resolution approving Addendum to Agreement No. 2016-6-105 with Iowa
Department of Transportation for primary road improvements in conjunction with
2016 Highway 218 Asphalt Resurfacing Project (from Mitchell Avenue to 18th
St./Williston Avenue); and authorize Mayor and City Clerk to execute said
document", be adopted. Roll call vote -Ayes: Five.
Resolution adopted and upon approval by Mayor assigned No. 2016-323.
145999 - Morrissey/Welper
that "Resolution approving Design Agreement with AECOM Technical Services, Inc.
for an amount not to exceed $85,500.00 in conjunction with the FY 2017 Phase III
CIPP Lining and Remedial Actions Project; and authorize Mayor to execute said
document", be adopted. Roll call vote -Ayes: Five.
Resolution adopted and upon approval by Mayor assigned No. 2016-324.
ORAL PRESENTATIONS
Jim Chapman, 224 Bertch, asked for job descriptions for all employees and
department heads.
Suzy Schares, City Clerk, explained that they are in the process of scanning all
of the job descriptions and they will eventually be made available online to the
public. She added that there are 750 employees and it is a very time-consuming
task that is being completed as Quickly as possible.
Bill Kammeyer, 526 Home Park Blvd., stated that the outcome of the financing for
the whitewater project would be the test to see if the council is true to their
promise of spending no taxpayer money on it.
Gammie Skully, 605 Riverside Dr., asked for Council support to fill the Waterloo
Center for the Arts vacant positions.
Marilyn Dekoster, 215 Lillian Lane, asked for Council support to fill the
Waterloo Center for the Arts vacant positions.
Diane Phelps, 1553 East Donald Street, asked for Council support to fill the
Waterloo Center for the Arts vacant positions.
Marcella Gruver, 203 Miriam Drive, spoke against having an atheist give the
invocation during Council.
Mayor Hart explained his desire to uphold the constitutional rights of every
belief system within our community and the practice of allowing members of the
community to participate in these municipal proceedings will continue.
Bruce W. Kaesser, 500 Sycamore Street, spoke in support of the practice of
allowing all members of our community to participate in the invocation portion
of the council meetings.
Carolyn Carpenter, 1828 Loraine, asked for Council support to fill the Waterloo
Center for the Arts vacant positions.
May 2, 2016 Page 7
Esther McGuire, 2737 W. 4th Street, asked for Council support to fill the
Waterloo Center for the Arts vacant positions.
John Robertson, Development Director Waterloo Community Playhouse, asked for
Council support to fill the Waterloo Center for the Arts vacant positions.
Ted Lederman, 1758 Pinehurst Lane, spoke about fiscal responsibility.
Gail Quirk, 245 Alta Vista, asked for Council support to fill the Waterloo
Center for the Arts vacant positions.
David Dryer, 3145 W. 4th Street, asked for clarification of the proposed
$17,000.00 savings to the general fund in relation to the transfer of a city
planner to economic development.
Mayor Hart clarified the details of the savings and the reasons for the
restructure.
Lisa McCluran, Grundy Center, asked for Council support to fill the Waterloo
Center for the Arts vacant positions.
John Sherbon, 1715 Robin Road, spoke in support of the council and the work they
do and support of hiring and retaining good people.
Mr. Jacobs spoke in support of looking into the use of grants for the Whitewater
course. He questioned the dissatisfaction of the fixed based operator at the
Airport.
Mr. Welper clarified that one of the three members of the prevailing side would
have to make a motion during this meeting to reconsider the filling of the
Center for the Arts vacancy. He then proceeded to ask that one of those members
bring the item back.
146000 - Welper/Morrissey
that the above oral comments be received and placed on file. Voice vote -Ayes:
Five. Motion carried.
ADJOURNMENT
146001 - Welper/Morrissey
that the Council adjourn at 7:10 p.m. Voice vote -Ayes: Five. Motion carried.
Suzy Shares, CMC
City Clerk/Human Resource Director