HomeMy WebLinkAboutMinutes- 12/5/2016December 5, 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, December 5, 2016. Mayor Quentin Hart in the Chair. Roll Call:
Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Mr. Powers joined via telephone.
Prayer or Moment of Silence. Prayer led by Pastor Jesse Tink of Prairie Lakes Church.
Pledge of Allegiance: Ron Welper, Ward 5 Council Member
146821 - Welper/Schmitt
that the Agenda, as amended, by deleting items four, five, and six on the Regular Agenda and adding
to the Consent Agenda item 1.b.3, motion to approve the recommendation of the appointment of
Jennifer Sparks to the position of Permit Writer at the Waterloo Building Inspections Department
effective December 6, 2016, for the Regular Session on Monday, December 5, 2016, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
146822 - Welper/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, November 28, 2016, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
Mayor Hart recognized employee Gary Luck for 30 Years of Service.
Mayor Hart performed the dedication of the Youth Art Team Council Chamber Art Project.
Mayor Hart announced that he met Greg and Janet Kessling from Indiana at the National Mayor's
Conference and has invited them to speak at 9:00 AM and 12:30 PM on December 6, 2016 at Center
for the Arts to talk about a program called "Recycle Force".
Greg Kessling explained the Recycle Force program and what information will be presented at their
presentation.
ORAL PRESENTATIONS
Jim Chapman, 224 Bertch, followed up on a comment made by Bob Manning, the Head of the
Waterloo Building Association, at a previous council meeting He stated that landlords would like to
see more people renting.
Forrest Dillavou, 1725 Huntington Road, commented that he would have liked to see the city release
more than $300,000 released from the TIF District.
David Dryer, 3145 W. 4th Street, questioned if he could comment on consent agenda items.
Mayor Hart stated that Dryer could comment when the council considers the consent agenda.
146823 - Welper/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
146824 - 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 December 5,
2016, in the amount of $960,430.34 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. 2016-939.
December 5, 2016 Page 2
2. Resolution approving the request of DS Rentals LLC for tax exemptions on the construction
of a new condo valued at $150,000 for property located at 5739 Summerland Drive, and
located in the City Limits Urban Revitalization Area (CLURA) and rescinding Resolution
No. 2016-895.
Resolution adopted and upon approval by Mayor assigned No. 2016-940.
3. Resolution approving the request of DS Rentals LLC for tax exemptions on the construction
of a condo valued at $150,000 for property located at 5741 Summerland Drive, and located
in the City Limits Urban Revitalization Area (CLURA), and rescinding Resolution No. 2016-
896.
Resolution adopted and upon approval by Mayor assigned No. 2016-941.
4. Resolution setting date of hearing as December 19, 2016 to approve a Development
Agreement with Grand Investments LLC for the construction of a new multi -story mixed use
building next to the Upper Plaza, with a new taxable value of $4.5 million, city -owned land
conveyed for $1.00, with 20 years of tax rebates at 42%, and authorize the Mayor and City
Clerk to sign and full execute all necessary documents.
Resolution adopted and upon approval by Mayor assigned No. 2016-942.
5. Resolution approving the cancellation of special assessments for properties listed on Exhibit
A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellations.
Resolution adopted and upon approval by Mayor assigned No. 2016-943.
b. Motion to approve the following.
1.
a.
b.
c.
d.
2.
a.
b.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Keith Kaspari,
Airport Director
Organizational
Meeting of the
Regional Air Service
Alliance
Minneapolis,
MN
Jan. 26-29,
2017
$250.00
Lt. McClelland
(AMENDED - Date
Change)
Rifle instructor
Recertification
Johnston, IA
Nov. 17,
2016
$190.00
Lt. McClelland
(AMENDED - 1
Person Instead of 3,
Date Change and
Cost Change)
Firearms Instructor
Recertification
Johnston, IA
Nov. 18,
2016
$165.00
Bob Ball, Chief
Building Inspector
(AMENDED - Date
Change)
WI Commercial
Building Code
Refresher
Madison, WI
Feb. 26 -
Mar. 1, 2017
$1,205.00
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Hy -Vee #1 Clubroom, 2834
Ansborough Avenue
Special Class C
Liquor
Renewal
10/16/2017
X
Ramada Inn, 205 W. 4th
Street
B Liquor
Renewal
04/30/2017
X
3. Motion to approve the recommendation of the appointment of Jennifer Sparks to the position
of Penult Writer at the Waterloo Building Inspections Department effective December 6,
2016.
December 5, 2016 Page 3
David Dryer, 3145 W. 4th Street, questioned if the public could see the proposed plans for item 1A4
on the consent agenda. He further stated that the downtown area needs a grocery store. Roll call
vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
146825 - Schmitt/Amos
that proof of publication of notice of public hearing on the Asbestos Abatement Services at 820
Newell Street, 915 Newell Street, 3126 Franklin Street, 71 Franklin Street, 929 Linden Avenue, 426
Cherry Street, 310 Oak Street, 847 Dawson Street, 414 Thompson Street, as published in the
Waterloo Courier on November 25, 2016, be received and placed on file. Voice vote -Ayes: Seven.
Motion carried
Mr. Morrissey offered a correction to the inadvertent omission of 1107 Commercial Street.
Mr. Schmitt stated that 1107 Commercial Street was not listed on his agenda.
Mr. Welper affirmed that it was not on his copy either.
Aric Schroeder, City Planner, stated that 1107 Commercial Street should be included.
Mayor Hart confirmed that 1107 Commercial_ Street will be included in this proposal.
David Dryer, 3145 W. 4th Street, questioned if the city currently owns these properties and if they
will be included in Mr. Welper's plans for vacant lots.
Mayor Hart confi need that these properties are included in those plans.
This being the time and place of public hearing, the Mayor called for written and oral objections and
there were none.
146826 - Schmitt/Welper
that the hearing be closed and oral comments be placed on file. Voice vote -Ayes: Seven. Motion
carried.
146827 - Schmitt/Amos
that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction
with the Asbestos Abatement Services at 820 Newell Street, 915 Newell Street, 3126 Franklin
Street, 71 Franklin Street, 929 Linden Avenue, 426 Cherry Street, 310 Oak Street, 847 Dawson
Street, 414 Thompson Street", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Mr. Schmitt questioned if the city owns these properties and will be tearing them down.
Aric Schroeder, City Planner, confred that these are properties that are included in the plans for
vacant lots in Waterloo. He added that this is the abatement contract portion of this process.
Mr. Schmitt questioned how many additional homes will need to be torn down.
Aric Schroeder explained that, within the next 6 months or so, additionally the city will have
approximately 20-25 homes that will need to be tom down; some of which the asbestos testing has
already been completed.
Mr. Schmitt clarified the total number of lost included in these plans is approximately 175.
Resolution adopted and upon approval by Mayor assigned No. 2016-944.
146828 - Schmitt/Amos
that "Resolution authorizing to proceed in conjunction with the Asbestos Abatement Services at 820
Newell Street, 915 Newell Street, 3126 Franklin Street, 71 Franklin Street, 929 Linden Avenue, 426
Cherry Street, 310 Oak Street, 847 Dawson Street, 414 Thompson Street", be adopted. Roll -call
vote -Ayes: Seven. Motion carried.
December 5, 2016
Resolution adopted and upon approval by Mayor assigned No. 2016-945.
146829 - Schmitt/Amos
Page 4
Motion to receive and file and instruct City Clerk to read bids and refer to Planning & Zoning for
review.
Bidder
Bid Security
Bid Amount
Advanced Environmental
Waterloo, IA
5%
$14,800.00
Voice vote -Ayes: Seven. Motion carried.
Mr. Lind questioned why 1107 Commercial Street was not included in the bid tab.
Dave Zellhoefer, City Attorney, explained that 1107 Commercial Street is a 657A property.
Mayor Hart questioned why the property was not included on the bid tab.
Aric Schroeder commented that the property may have been removed after the specifications were
sent out for bid.
Mayor Hart questioned why the property is not listed on the bid tab.
Aric Schroeder stated that if the property was not included on the bid tab it would not be part of the
project specifications.
Kelley Felchle, City Clerk, explained that the property is listed in the project specifications and
questioned how the public was notified that the property was removed from the project
specifications.
Aric Schroeder explained that the employee assigned to the project contacted him to say that the
property was to be removed from the specifications.
Kelley Felchle explained that the bid will be read tonight and reviewed by the legal department
tomorrow.
Dave Zellhoefer confiiined that it would be best to read the bid and review the documents tomorrow.
146830 - Schmitt/Amos
that "Resolution awarding asbestos abatement contract to Advanced Environmental Testing and
Abatement Inc., for asbestos abatement of 820 Newell Street, 915 Newell Street, 3126 Franklin
Street Building, 71 Franklin Street, 929 Linden Avenue, 426 Cherry Street, 310 Oak Street, 847
Dawson, 414 Thompson Street in the amount of $14,800.00", be adopted. Roll -call vote -Ayes:
Seven. Motion carried.
Mr. Schmitt questioned if 1107 Commercial Street should be removed from the resolution.
Mayor Hart recommended removing the property from the resolution.
Kelley Felchle recommended that council make a motion and vote on whether or not to change the
language of the resolution.
Mr. Jacobs questioned the removal of 1107 Commercial Street from the resolution.
Aric Schroeder, City Planner, explained that the property was dropped at the recommendation of
Chris Western, City Planner, after a review with Noel Anderson, Community Planning &
Development Director.
Resolution adopted and upon approval by Mayor assigned No. 2016-946.
146831 - Lind/Morrissey
December 5, 2016 Page 5
to amend the resolution by striking 1107 Commercial Street. Roll call vote -Ayes: Seven. Motion
carried.
146832 - Lind/Schmitt
that proof of publication of notice of public hearing on the FY 2016 Leisure Services Sanitary Sewer
Extension, Contract No. 925, as published in the Waterloo Courier on November 21, 2016, 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 objections and
there were none.
146833 - Lind/Schmitt
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
146834 - Lind/Schmitt
that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction
with the FY 2016 Leisure Services Sanitary Sewer Extension, Contract No. 925", be adopted. Roll -
call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-947.
146835 - Lind/Schmitt
that "Resolution authorizing to proceed in conjunction with the FY 2016 Leisure Services Sanitary
Sewer Extension, Contract No. 925", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-948.
146836 - Lind/Schmitt
Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review.
Bidder
Bid Security
Bid Amount
Graff Excavating, Inc.
803 E. State Street
5%
$54,515.00
Vieth Construction Corp.
Cedar Falls, IA
5%
$45,056.00
Tschiggfrie Excavating
Dubuque, IA
5%
$69,849.80
Benton's Sand & Gravel
Cedar Falls, IA
5%
$42,375.00
J&K Contractors LLC
Ames, IA
5%
$67,075.50
Peterson Contractors,
Reinbeck, IA
5%
$61,613.00
Voice vote -Ayes: Seven. Motion carried.
RESOLUTIONS
146837 - Morrissey/Lind
that "Resolution approving a Permanent Easement Agreement with Cedar Falls Utilities to allow for
the construction and future maintenance of an electrical transmission line, located directly to the east
of 2815 WCF&N Drive", be adopted. Roll call vote -Ayes: Seven.
Mr. Schmitt questioned the legality of a public owned utility working outside their community and
in competition with privately owned utilities.
Dave Zellhoefer, City Attorney, stated that he has not been contacted by anyone and was unaware of
this agreement. He offered to research this question to find the answers.
December 5, 2016 Page 6
Eric Thorson, City Engineer, explained that this is an existing line that connects MidAmerican
Energy in Waterloo with Cedar Falls Utilities that allows the two communities to draw from one
another in times of emergency. He said the easement is to allow the line to be moved because of the
Hydrite Chemical Company expansion in that area.
Resolution adopted and upon approval by Mayor assigned No. 2016-949.
146838 - Morrissey/Lind
that "Resolution approving a Professional Services Agreement (PSA) with AECOM Technical
Services, Inc., in the amount of $9,000, for the completion of an Airfield Pavement Maintenance
Management System report for Runway 6-24, and associated taxiways, at Waterloo Regional
Airport, and authorize the Mayor to sign said agreement", be adopted. Roll call vote -Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-950.
146839 - Morrissey/Lind
that "Resolution approving a one month extension to the Memorandum of Agreement with Waterloo
Community School District to extend technical and professional services in the operation of the
Waterloo Educational Access Channel", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-951.
146840 - Amos/Morrissey
that "Motion approving Change Order No. 3 for a net increase of $163,957.18 for the F.Y. 2015
Street Reconstruction Program, Contract No. 873, and authorize the Mayor and City Clerk to
execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Eric Thorson explained the change order.
146841 - Amos/Morrissey
that "Resolution approving completion of project and recommendation of acceptance of work for
work performed by Aspro, Inc., of Waterloo, Iowa, at a total cost of $3,662,15138 for the F.Y. 2015
Street Reconstruction Program, Contract No. 873, and receive and file two-year maintenance bond",
be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-952.
146842 - Amos/Morrissey
that "Motion approving Change Order No. 1 for a net decrease of $1,369.50 for the F.Y. 2016 Storm
Sewer Improvements, Contract No. 906; and authorize the Mayor and City Clerk to execute said
document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
146843 - Schmitt/Lind
that "Resolution approving completion of project and recommendation of acceptance of work for
work performed by Vieth Construction Company, of Cedar Falls, Iowa, at a total cost of
$167,783.44 for the F.Y. 2016 Storm Sewer Improvements, Contract No. 906, and receive and file
two-year maintenance bond", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-953.
146844 - Schmitt/Lind
that "Resolution approving Supplemental Agreement No. 2 with AECOM Technical Services, of
Waterloo, Iowa, in an amount not to exceed $18,250.00 for construction related services for the F.Y.
2016 Shaulis Road Trail Extension - Phase I, Contract No. 858, and authorize Mayor and City Clerk
to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried.
December 5, 2016 Page 7
David Dryer, 3145 W. 4th Street, commented that the city has enough bike trails and does not need
any more.
Resolution adopted and upon approval by Mayor assigned No. 2016-954.
146845 - Schmitt/Lind
that "Resolution approving the System -wide Improvement Framework Letter of Intent (LOI), with
the Army Corps of Engineers, for continued rehabilitation eligibility of sanitary sewers, and
authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-955.
ORDINANCES
146846 - Morrissey/Amos
that "an Ordinance amending the 2007 City of Waterloo Code of Ordinances by repealing Title 7
Public Ways and Property, Chapter 8 Leisure, Cultural and Arts Services, Section 1 Use of Public
Facilities, Subsection F Non -motorized Watercraft In Katoski Greenbelt, in its entirety and enacting
in lieu thereof a new Title 7 Public Ways and Property, Chapter 8 Leisure, Cultural and Arts
Services, Section 1 Use of Public Facilities, Subsection F Non -motorized Watercraft", be received,
placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried.
146847 - Morrissey/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Four. Nays: Three (Jacobs, Lind, and Schmitt). Motion failed.
OTHER COUNCIL BUSINESS
146848 - Lind/Morrissey
that Change Order No. 4 in an amount of $2,887.50 to Lodge Construction for the application of
straw mulch for erosion control over winter months at the Sherwood Park construction site, in
conjunction with the Sherwood Recreation Area Phase 2 project, be received, placed on file and
approved. Voice vote -Ayes: Seven. Motion carried.
ADJOURNMENT
146849 - Welper/Amos
that the Council adjourn at 6:24 p.m. Voice vote -Ayes: Seven. Motion carried.
elley Fhle
City Cler