HomeMy WebLinkAboutMinutes-March 26, 2018 March 26, 2018
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, March 26, 2018. Mayor Quentin Hart in the Chair. Roll Call:
Jacobs, Morrissey, Shimp, Klein, Amos, Schmitt, and Juon.
Prayer or Moment of Silence.
Pledge of Allegiance: Kelley Felchle, City Clerk
146724 - Juon/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, March 26, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Seven. Motion carried.
146725 - Juon/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, March 19, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Seven. Motion carried.
146726 - Juon/Schmitt
that the Minutes, as proposed, for the Special Session on Monday, March 19, at 3:30 p.m., be
accepted and approved. Voice vote-Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
Lawrence Wheeler, 433 Bratnober, requested that the city clean up downtown parking, that Code
Enforcement issue tickets for individuals who have not shoveled snow because both create ADA
issues, and that the sanitary sewer system be upgraded to compensate for the lower pressure due to
new low flow appliances and fixtures that households are using.
Dwayne Eilers, 1205 1/z Bishop Street, commented on the trouble he has been having with the water
shut off valve at 179 W. 18th Street.
Bruce Kaesser, 106 E. 3rd Street, commented that he is too blessed to be stressed.
David Dreyer, 3145 W. 4th Street, explained that he cut a few articles out of the Waterloo Courier
that interested him. One was regarding the skate park that was destroyed in the 2016 flood and
encouraged the city and skateboarders to raise funds to repair the skate park. The other article was
regarding bids sought to fill the Public Market.
Charles Pearson, 1750 Flower Street, thanked the city for their work on the Iowa Civil Rights Trail
project. He invited the council on a bus tour next Wednesday to an awards ceremony. He further
requested a seat at the table for developing grants for historic studies to locations significant to
African American history in Waterloo.
Mr. Morrissey commented that this Saturday is the March For Our Lives starting at 4:00 at Gateway
Park in Cedar Falls and marching to Congressman Blum's office. He further commented on the
importance of and need for council to work together on ordinances or resolutions to help address gun
control issues in the city.
Mr. Jacobs thanked the Abraham Funchess and the Human Rights Commission for planning the civil
rights history bus tour and thanked businesses for their sponsorship.
146727 - Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion
carried.
CONSENT AGENDA
146728 - Juon/Schmitt
that the following items on the consent agenda be received, placed on file and approved:
March 26, 2018 Page 2
a. Resolutions to approve the following:
1. Resolution approving Finance Committee Invoice Summary Report, dated March 26, 2018,
in the amount of$1,137,353.57 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. 2018-177.
2. Resolution approving preliminary plans, specifications, bid documents, etc. and setting date
of bid opening as April 5, 2018 and date of public hearing as April 9, 2018, for FY 2018 Lift
Stations Mowing, and instruct City Clerk to publish said notice
Resolution adopted and upon approval by Mayor assigned No. 2018-178.
3. Resolution approving request of the Screaming Eagle American Bar& Grill, 228 East 4th
Street, to close the 600 block of Lafayette Street every Thursday between May 3, 2018 and
October 25, 2018 from 5:00 p.m. to 11:00 p.m., with use of city barricades, and for a
variance to the Noise Ordinance including a band and the use of a PA system.
Resolution adopted and upon approval by Mayor assigned No. 2018-179.
4. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date
of bid opening as April 26, 2018 and date of public hearing as April 30, 2018, in conjunction
with the replacement of parking lot equipment and the installation of a Parking Access and
Revenue Control System(PARCS), and related parking lot improvements at the Waterloo
Regional Airport, and instruct City Clerk to publish said notice
Resolution adopted and upon approval by Mayor assigned No. 2018-180.
5. Resolution preliminary approving plans, specifications, bid document, etc. and setting a date
of bid opening as April 5, 2018 and date of public hearing as April 9, 2018, for the purchase
of one (1) 2017 or newer backhoe loader, and instruct City Clerk to publish said notice
Resolution adopted and upon approval by Mayor assigned No. 2018-181.
6. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date
of bid opening as April 12, 2018 and date of public hearing as April 16, 2018, for the
Ridgeway Towers PTAC (Packaged Terminal Air Conditioner) Project, and authorize City
Clerk to publish said notice
Resolution adopted and upon approval by Mayor assigned No. 2018-182.
7. Resolution to approve moving the 4th regular session, 4th meeting in April to April 30, 2018
and cancelling the regular session meeting on April 23, 2018.
Resolution adopted and upon approval by Mayor assigned No. 2018-183.
b. Motion to approve the following:
1 Travel Requests
Name & Title of Amount
Personnel Class/Meeting Destination Date(s) not to
Exceed
a. Greg Ahlhelm, 2018 International Cedar May 16-17, $550.00
Building Official and Residential Code (IRC) Rapids, IA 2018
Brian Baker, Chief and International
Mechanical Inspector Business Code (IBC)
Significant Changes
Seminar
b. Ben Wagner, Iowa Technology and West Des June 13-15, $534.00
Draftsperson Geospatial Conference Moines, IA 2018
March 26, 2018 Page 3
c. Dana Jackson, 40 hour Lead Des Moines, April 9-13, $1,785.00
Housing Inspector/Risk Assessor IA 2018
Maintenance/Interim
Inspector
d. Angie Fordyce National Community Long Beach, June 11-17, $2,861.00
Development CA 2018
Association 49th Annual
Conference
2. Approved Beer, Liquor, and Wine Applications
Name &Address of Business Class New or Expiration Includes
Renewal Date Sunday
a. Cadillac Lanes, 650 La Porte C Liquor Renewal 3/27/2019 x
Road w/Outdoor Service
b. Casey's General Store#2880, B Native Wine/C Renewal 4/18/2019 x
1604 LaPorte Road Beer
c. Hometown Foods, 1010 E. B Wine/ C Beer/E Renewal 3/9/2019 x
Mitchell Avenue Liquor
d. Iry Warren Memorial Golf Special C Liquor Renewal 3/31/2019 x
Course, 1000 Fletcher w/Outdoor Service
Avenue
e. South Hills Golf Course, B Beer w/Outdoor Renewal 3/31/2019 x
1830 E. Shaulis Road Service
f. UNA Bar Restaurant, 910 W. C Liquor Renewal 3/9/2019 x
5th Street
3. Mayor Hart's recommendation of the following appointments:
Appointee Board/Commission Expiration New or
Date Re-Appointment
Barry Haskins Civil Service Commission 4/1/2011 Re-appointment
Plumbing Board of
Katie Lansing Licensing, Examiners and 3/26/2021 New
Appeals
4. Motion to approve Exception to Burning Yard Waste Application by Dennis Clark to burn native
prairie grasses, marsh habitats and small shrubs and trees, on approximately 1 acre located at 2204
Ashland Avenue, during March to mid-May and again in September to November.
5. Bonds.
Roll call vote-Ayes: Seven. Motion carried.
PUBLIC HEARINGS
146729 - Schmitt/Amos
that proof of publication of notice of public hearing on request by Hope M. Anderson to rezone a
total of 129.16 acres from"A-1"Agricultural District to "R-1" One and Two Family Residence
District for the development of a 210 lot subdivision located next to 5805 Kimball Avenue, between
Kimball Avenue and Highway 21, and north of E. Orange Road, as published in the Waterloo
Courier on March 16, 2018, 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.
Mike Henning, 138 Sidehill Drive, shared a letter with council and explained that he is not in
support of rezoning the property because he believes the city needs to delay the project until the
safety concerns of residents in the neighborhood are addressed.
March 26, 2018 Page 4
Mary Margaret Halverson, 178 Sidehill Drive, completed reading the letter Mr. Henning handed out
to council.
Monique Walters, 5404 Kimball, explained that she does not support rezoning the property and
explained that her husband's family farms near the designated property and commented that their
property gets a CSR of 97 and assumes that the property in question would have a similar rating.
Tony Geertz, 230 Lichty Blvd., expressed concern for how the development would impact water
pressure in the location.
Lynn Moeller, Orange Township resident, explained the history of Orange Township and that homes
built in the neighborhood are still occupied by the original owners. He explained that farm land is
fertile and valuable and should stay zoned as agricultural.
Buzz Anderson, 731 Prospect Blvd., commented on the project and that he believes it will be an
asset to Waterloo.
Alex Bower, Fehr Grahm, provided an overview of the plan for the development, addressed
infrastructure concerns, and commented on the restrictions of the R-1 subdivision.
David Dreyer, 3145 W. 4t' Street, commented that infrastructure improvements as a result of the
development need to be paid for by the developer and expressed concern on the city's ability to pay
for the maintenance of the new development.
Carrie Darrah, Greater Cedar Valley Chamber and Alliance, explained that the Chamber supports the
development and further study for the project. She went on to explain the benefits of new housing
developments in a community.
Tim Hurley, 1933 Crabapple Lane and Board of Directors of the Greater Cedar Valley Chamber and
Alliance, expressed support for the development and explained the benefits of new housing
developments in a community.
Fred Rose, Developer, commented on a Wall Street Journal article about the next housing crisis in
the United States, which reported on the difficulties of building new developments due to an increase
in the cost of land and infrastructure.
Bob Manning, Executive Officer of Cedar Valley Homebuilders Association, commented that with
the best case projection only 10-15 houses would begin construction in 2019 and occupied by 2020
and there is still much to be done concerning safety, which will be addressed, but it should not delay
the approval of the rezone request.
Garland Angove, 144 Windsor Drive, spoke to quality of the project Mr. Anderson has proposed.
Diane Sittig, 816 W. Orange Road, commented on the safety concerns that come with an expected
500 additional vehicles in the Orange area due to the new development and stated she is opposed to
the rezone request.
Trudie Friedly, 145 W. Orange Road, expressed concern for safety around the elementary school.
146730 - Schmitt/Amos
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.
Mayor Hart acknowledged Waterloo Community School's Dr. Lindaman's letter of support for the
rezone.
146731 - Schmitt/Amos
that"an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance,
by amending the official Zoning Map referred to in Section 10-4-4, approving to rezone a total of
129.16 acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District for
March 26, 2018 Page 5
the development of a 210 lot subdivision next to 5805 Kimball Avenue", be received, placed on file,
considered and passed for the first time. Roll call vote-Ayes: Six. Nays: One (Jacobs). Jacobs —
abstained without excuse. Motion carried.
Mr. Shimp requested a clarification of the rezone process.
Noel Anderson, Community Planning and Development Director, provided an overview on the
approval steps council would need to take in order to approve the development.
Mr. Shimp questioned who is responsible for undertaking the traffic impact study and if the results
could be shared with the council.
Noel Anderson explained the study is at the expense of the developer and must be approved by the
City of Waterloo Traffic Department.
Mrs. Juon questioned if the final plat is approved by council.
Noel Anderson confirmed.
Mr. Morrissey requested clarification of Mr. Anderson's sale of property to build Orange School and
if discussion had taken place at that time that further development would take place.
Fred Rose explained that the expectation and hope was that there would eventually be a housing
development around the school project and that a sewer main was also built in anticipation of the
future development.
Mr. Morrissey questioned if there were legal requirements the developer has to meet in order to
allow for the R-1 rezone.
Mayor Hart questioned what an R-1 zone allows.
Noel Anderson explained what an R-1 zone allows.
Mr. Morrissey questioned if the traffic study could result in a recommendation not to proceed with
this residential development.
Noel Anderson explained that it could and that results are expected to be similar to that of the
Audubon Park area.
Mayor Hart questioned if the traffic study will explain how to handle traffic flow based on the
number of residents.
Noel Anderson explained what the traffic study would entail.
Mr. Morrissey expressed his concern with personal safety surrounding the school.
Sandie Greco, Interim Public Works Director, explained how the traffic study is conducted and how
it comes up with recommendations.
Mrs. Klein questioned if there is an overarching plan for the size of the city.
Noel Anderson explained that the city does have a Master Plan and this area identified as a prime
area for smart growth due to infrastructure in the area.
Mr. Schmitt questioned at what point infrastructure concerns from the neighborhood will be
addressed.
Noel Anderson explained that designs will be reviewed and must be approved prior to the project
moving forward.
Matt Mahler, Water Works Manager, explained the difference between water pressures, water flow,
and explained that the development has more than adequate flow for the area and new development
but that the development would also experience low pressure due to the higher elevation. He further
March 26, 2018 Page 6
explained that Water Works is undertaking a study to look at improving pressure in the area and the
new revenue growth justifies looking at a more focused boosted pressure zone project. He estimated
roughly $50,000 a year in revenue and a project cost of about $500,000 with a ten year payback
period. With a 20 year useful life, the customers in this area would pay for the first ten years of the
boosted pressure zone, and the rest would be pay into the operating costs for other capital projects.
Mayor Hart questioned the storm water detention in those areas and if that would be added in the
plat process.
Eric Thorson, City Engineer, explained that water runoff issues will be reviewed once the
preliminary and final plats are drawn. Both plans will need to receive council approval.
146732 - Schmitt/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: None. Nays: Seven. Jacobs — abstained without excuse. Motion
failed.
146733 - Shimp/Morrissey
that proof of publication of notice of public hearing on FY 2018 Asphalt Overlay Program, Contract
No. 943, as published in the Waterloo Courier on March 8, 2018, 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.
146734 - Shimp/Morrissey
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
146735 - Shimp/Morrissey
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll-call vote-Ayes: Seven. Motion carried.
Mr. Shimp questioned why only one bid was received and if the plans are sent out to other
companies.
Eric Thorson explained that the city prepares the plans and specifications and is sent to plan rooms
that share the plans throughout the state. He explained that it is difficult to get multiple bids as most
large communities have only one supplier.
Mr. Shimp questioned how the contract amount compares to other community bids.
Eric Thorson explained that the price of oil has increased which is causing asphalt prices to increase.
Mr. Shimp questioned when the last time another company bid on this project.
Eric Thorson commented it had been a long time and that it isn't feasible for other contractors to
bring in a plant and set up to compete.
Resolution adopted and upon approval by Mayor assigned No. 2018-184.
146736 - Shimp/Morrissey
that"Resolution authorizing to proceed",be adopted. Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-185.
146737 - Shimp/Morrissey
Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review.
March 26, 2018 Page 7
Engineer's Estimate: $1,131,278.19
Bidder Bid Security Bid Amount
ASPRO, Inc. 5% $1,226,902.06
Waterloo, IA
Voice vote-Ayes: Seven. Motion carried.
RESOLUTIONS
146738 - Morrissey/Amos
that"Resolution authorizing the statement of support for the application of Iowa Cannabis Company,
Inc. to the Iowa Department of Public Health for a dispensary license in the City of Waterloo and
authorize Mayor to execute necessary documents", be adopted. Roll call vote-Ayes: Six. Nays:
One (Klein). Klein- abstained without excuse. Motion carried.
Aaron Boschart, 1955 LaPorte Road, provided an overview of the plan for the dispensary.
Mr. Shimp expressed his support of this item.
David Dryer, 3145 W. 4th Street, questioned if the dispensary will have a licensed pharmacist.
Mr. Morrissey questioned how long it will take to get the dispensary up and running.
Aaron Boschart explained that the intent to award announcement will be March 27, 2018, with
licenses being issued on April 1. Dispensaries need to be up and running by December 1, 2018 and
will lose their license if they are not by January 1, 2019.
Mayor Hart questioned who can dispense the product.
Aaron Boschart clarified that the Iowa Board of Pharmacy did not approve pharmacists in the state
of Iowa to dispense the prescribed cannabidiol products, so they have an advisory board of
pharmacists that work specifically with the Iowa Cannabis Company to make sure that all standards
and policies are met, and take into account any possible drug interactions. A primary care physician
will need to issue a medical cannabidiol card and that currently only a handful of terminal diagnosis
would qualify.
Mr. Jacobs questioned if the parent company is located in Washington State.
Aaron Boschart explained that both he and his co-founder are Iowa natives, however his co-founder
did move to Washington in 2014 to open a chain of dispensaries on the west coast when marijuana
was legalized.
Mr. Jacobs asked if his intention was to keep the dispensary medical use only in Iowa.
Aaron Boschart confirmed.
Mr. Schmitt questioned how many other companies are vying for the license.
Aaron Boschart explained there were a total of 21 applications submitted with seven competing
companies.
Mr. Schmitt questioned why the City of Waterloo would go on record supporting one of seven
private for-profit entities.
Aaron Boschart explained that his company is the only one applying in Waterloo.
Mr. Schmitt requested clarification on the pharmacists' role.
Aaron Boschart explained how their program is outlined.
Mayor Hart requested clarification that a patient has to have a card prescribed by a doctor.
March 26, 2018 Page 8
Aaron Boshart confirmed.
Resolution adopted and upon approval by Mayor assigned No. 2018-186.
146739 - Morrissey/Amos
that "Resolution approving an agreement with the Iowa Department of Transportation (IDOT) for a
Central Traffic Control Center in the amount of$200,000 (80% - $160,000 with City match of 20% -
$40,000.00-GO Bond) to purchase and install computer software and hardware to connect the traffic
signal communications and the monitoring camera network to the Central Traffic Control Center at
the Public Works Building", be adopted. Roll call vote-Ayes: Seven. Motion carried.
David Dryer, 3145 W. 4th Street, questioned if the city has already issued bonds for the funds.
Sandie Greco explained that the city has already bonded funds for the project.
Resolution adopted and upon approval by Mayor assigned No. 2018-187.
146740 - Morrissey/Amos
that "Resolution submitting a Nutrient Reduction study to Iowa Department of Natural Resources, as
required by the NPDES Permit.", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-188.
146741 - Schmitt/Amos
that "Resolution approving Amendment to Development Agreement between Tim Moyer and the
City of Waterloo, approved April 24, 2017, for the addition of development grants in accordance
with the City 657A sale of property policy, and authorize the Mayor and City Clerk to execute all
necessary documents", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Forest Dillavou, 1715 Huntington Road, requested an overview of the item.
Noel Anderson explained the item.
Resolution adopted and upon approval by Mayor assigned No. 2018-189.
146742 - Schmitt/Amos
that "Resolution approving the request of qualifications from firms to conduct an audit on City
owned properties, and authorize the Mayor and City Clerk to execute said documents", be adopted.
Roll call vote-Ayes: Seven. Motion carried.
Mayor Hart provided a brief overview of the item and commented on why this is important.
Resolution adopted and upon approval by Mayor assigned No. 2018-190.
146743 - Schmitt/Amos
that "Resolution approving Federal Regulation Procurement Requirements for FEMA projects", be
adopted. Roll call vote-Ayes: Seven. Motion carried.
Mayor Hart explained that the IDNR has requested this item to meet FEMA guidelines.
Michelle Weidner, Chief Financial Officer, provided an overview of the item.
Resolution adopted and upon approval by Mayor assigned No. 2018-191.
ORDINANCES
146744 - Shimp/Morrissey
March 26, 2018 Page 9
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by
amending Chapter 3 Electrical Code, Article 1 Electrical Regulations of Title 9, Building
Regulations by removing (a) Amendments to 2017 NEC Chapter 2 Amendments: (1) and (2), be
received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven.
Motion carried.
146745 - Shimp/Morrissey
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Seven. Motion carried.
146746 - Shimp/Morrissey
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by
amending Chapter 3 Electrical Code, Article 1 Electrical Regulations of Title 9, Building
Regulations by removing (a) Amendments to 2017 NEC Chapter 2 Amendments: (1) and (2),", 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. 5445.
ADJOURNMENT
146747 - Juon/Shimp
that the Council adjourn at 7:30 p.m. Voice vote-Ayes: Seven. Motion carried.
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Kelley Fe e
le
City Clerk