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HomeMy WebLinkAboutMinutes-April 02, 2018 April 2, 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, April 2, 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: Margaret Klein, Ward 1 Council Member 146748 - Juon/Schmitt that the Agenda, as amended to include Sunday Sales to Item 1.B.2.d Liquor License - The Snack Shack, for the Regular Session on Monday, April 2, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 146749 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, March 26, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Proclamation declaring April 2018 as Sexual Assault Awareness Month. Proclamation declaring April 2 - 6, 2018 as National Community Development Week. Proclamation declaring April 4, 2018 as Recognition Day for National Service. Proclamation declaring April 4, 2018 as Crime Victims' Rights Week. ORAL PRESENTATIONS David Dryer, 3145 W. 4th Street, requested an explanation on the budget line item amendments on the Finance Committee agenda. Michelle Weidner, Chief Financial Officer, explained the budget line item amendments on the Finance Committee agenda. Bruce Kaesser, 106 E. 3rd Street, commented on being a victim of gun violence. Hannah Sackett and Luke Kleisner, 2005 Campus Street University of Northern Iowa, explained that they are involved in a business organization called Pi Sigma Epsilon, which provides services that give back the community, they are currently working on building Little Lending Libraries to be placed in the surrounding areas and propose placing one in Waterloo at no cost to help promote reading during the summer months. Mr. Shimp invited them to the Liberty Park Neighborhood Association meeting tomorrow at 6:30 p.m. at Unity Presbyterian Church. Mayor Hart invited them to contact Community Development,Neighborhood Services. Mayor Hart invited everyone to attend the State of the City address to be held at the Courtyard Marriott on Friday at 11:00 a.m. Mr. Shimp requested that staff include specific budget line items in their Council Communications. Mr. Morrissey commented on a few civil rights events which are happening over the next few days and asked that people participate. Mrs. Klein commented on the Waterloo public school system's efforts to lower taxes. 146750 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 146751 - Juon/Morrissey April 2, 2018 Page 2 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 April 2, 2018, in the amount of$2,427,075.04 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. 2018-192. 2. Resolution approving cancellation of assessment for 801 Glenwood Street, in the amount of $417.95 for mowing and weed assessments, 715 Hammond Avenue, in the amount of $184.57 for sidewalk repair, 1134 Bertch, in the amount of$312.86 for sidewalk repair and 129 Chestnut Street, in the amount of$102.87 ($51.49 Sewer, $13.07 Storm and $38.31 Garbage), and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2018-193. 3. Resolution setting date of public hearing as Monday April 16, 2018 in conjunction with proposed funding recommendations, set forth by the Community Development Board, for the FY 2019 One-year Action Plan for CDBG and HOME Program Funds for the Waterloo/Cedar Falls Consortium, and instruct City Clerk to publish notice Resolution adopted and upon approval by Mayor assigned No. 2018-194. 4. Resolution approving Home Investment Partnership Program Consortium Cooperation Agreement, and authorizing the Mayor to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2018-195. 5. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as April 19, 2018 and date of public hearing as April 30, 2018 for the purchase and installation of a 60' X 80' pole building, located at the yard waste site, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2018-196. 6. Noise variance request from Crossroads Community Church of the Nazarene, located at 3622 Hammond Avenue, for a community block party to held in the parking lot on August 11, 2018, from 10:30 a.m. to 3:30 p.m., in conjunction with the Praise and Worship event, along with a live band and use of a PA system. Resolution adopted and upon approval by Mayor assigned No. 2018-197. 7. Request by Financial Resource Advisors (FRA) for a Variance to the Noise Ordinance on Saturday, June 2, 2018, from 4:00 p.m. to 10:00 p.m., to hold their 8th annual car show in the parking lot located at 816 W. Tower Park Drive, along with street closures and the use of a PA system. Resolution adopted and upon approval by Mayor assigned No. 2018-198. 8. Request for Noise Variance from Friends of Heal the Family, hosting the 10th annual "Take Back the Community" event at Sullivan Park, August 18, 2018 from 11:00 a.m. to 4:00 p.m., including food, entertainment and live music, with use of a PA system. Resolution adopted and upon approval by Mayor assigned No. 2018-199. 9. Request from American Legion Post 138, Sons of Post 138, for temporary street closure of the 700 block of Commercial on Saturday, April 21, 2018 from 5:45 p.m. to 6:30 p.m., to facilitate a POW-MIA ceremony, to include an Honor Guard giving a 21 gun salute. April 2, 2018 Page 3 Resolution adopted and upon approval by Mayor assigned No. 2018-200. 10. Resolution approving the destruction of Clerk/Finance/Human Resource records including: 2002-2012 Outgoing and Incoming Daily Banking documents, 2008-2012 Payroll and Vendor Warrants, 1997-2012 Checking Statements, 2009-2012 W2's, 2000-2012 Payroll Garnishments, 2012 Cafeteria Plan Reimbursements, 2008-2012 Cumulative Registers, 2008-2012 W2 Work Files, 2011-2012 Payroll Timecards, 2011-2012 Payroll Distribution Reports, 2011-2012 941 Reports, 2011-2012 Personal Action Forms, 2011 Pet Licensing, 2012 Garbage and Storm Fees Reduction and Independent Haulers Applications, and 2012 Certificates of Liability Insurance. Resolution adopted and upon approval by Mayor assigned No. 2018-201. b. Motion to approve the following: 1• Travel Requests Amount Name & Title of Personnel Class/Meeting Destination Date(s) not to Exceed a. Sergeant Greenlee & Governor's Traffic West Des April 24-26, $224.00 P.O. Moore Safety Bureau GTSB Moines, IA 2018 Conference 2. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Expiration Includes Renewal Date Sunday a. Amalgamated Local 838 C Liquor Renewal 2/28/2019 UAW, 2615 Washington w/Outdoor Service Street b. Crossroads Cinema, 2450 Special C Liquor New 3/14/2019 x Crossroads Blvd. c. On the Rocks, 708 Jefferson C Liquor Renewal 3/27/2019 Street w/Outdoor Service d. The Snack Shack, 4335 B Native Wine / C New 3/31/2019 x Texas Street Beer 3. Motion to approve Exception to Burning Yard Waste Application for Hawkeye Community College to burn approximately 9.5 acres of prairie grass between March 21 and May 10, 2018. 4. Bonds. Roll call vote-Ayes: Seven. Motion carried. PUBLIC HEARINGS 146752 - Schmitt/Amos that proof of publication of notice of public hearing on FY 20 t 8 Ansborough Avenue Improvements from US Hwy 20 to San Marnan Drive, Contract No. 942, as published in the Waterloo Courier on March 12, 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. David Dryer, 3145 W. 4th Street, requested what improvements are planned for the project and if the Iowa DOT is helping pay for the project. Eric Thorson, City Engineer, provided an overview of the project and funding. 146753 - Schmitt/Amos April 2, 2018 Page 4 that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 146754 - Schmitt/Amos that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Shimp questioned why the estimate was lower than bids received. Eric Thorson explained that the consultant provides an estimate based on past prices but sometimes they can come in high or low compared to the bid provided by contractors. Mr. Shimp questioned where the bonds are coming from on the project. Eric Thorson explained that the GO Bonds are from previously issued trail funds. Resolution adopted and upon approval by Mayor assigned No. 2018-202. 146755 - Schmitt/Amos that"Resolution authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-203. 146756 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Estimate: $751,004.60 Bidder Bid Security Bid Amount K. Cunningham Construction 5% $770,396.25 Cedar Falls, IA Peterson Contractors, Inc. 5% $781,407.15 Reinbeck, IA Lodge Construction, Inc. 5% $909,055.50 Clarksville, IA Vieth Construction 5% $822,723.45 Cedar Falls, IA Voice vote-Ayes: Seven. Motion carried. 146757 - Morrissey/Amos that proof of publication of notice of public hearing on Request by Heinold Hog Markets, LLC for a Site Plan Amendment to the "M-2,P" Planned Industrial District, for the construction of a 12,375 square foot livestock processing facility, located south of 720 N. Elk Run Road, as published in the Waterloo Courier on March 23, 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 and there were none. 146758 - Morrissey/Amos 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: Seven. Motion carried. 146759 - Morrissey/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 a site plan amendment April 2, 2018 Page 5 on certain property, located south of 720 N. Elk Run Road", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 146760 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Zero. Nays: Seven. Motion failed. 146761 - Shimp/Morrissey that proof of publication of notice of public hearing on Request by Wayne Claassen Engineering and Surveying Inc., on the behalf of Friends of Faith Retirement Homes, Inc. to rezone 14.5 acres from "R-2" One and Two Family Residence District and "R-3" Multiple Residence District to "R-4,R-P" Planned Residence District, located at 600 Park Lane, to allow for the redevelopment of the existing retirement home community, with construction of approximately 211,968 square feet of total structures, as published in the Waterloo Courier on March 23, 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. Lisa Gates, 121 Pershing Road and CEO of Friendship Village, provided an overview of the project. 146762 - Shimp/Morrissey that the hearing be closed and oral comments and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 146763 - Shimp/Morrissey 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 a rezone of certain property, located at 600 Park Lane", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. Mr. Shimp questioned the timeliness of the project. Mike Young, 215 Pauline Place and Dutton Law Firm, explained that the quicker the item can get approved the better, as there are moving components to the project. 146764 - 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. 146765 - Shimp/Morrissey 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 a rezone of certain property, located at 600 Park Lane", 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. 5446. RESOLUTIONS 146766 - Schmitt/Amos that "Resolution to concur with the determination of the City Planner that the proposed change to the approved site plan for a 59,468 square foot expansion to Tyson Fresh Meats, located at 501 North Elk Run Road, is minor and shall be approved as a Minor Site Plan Amendment, within the "M-2,P" Planned Industrial District", be adopted. Roll call vote-Ayes: Seven. Motion carried. April 2, 2018 Page 6 Resolution adopted and upon approval by Mayor assigned No. 2018-204. 146767 - Schmitt/Amos that "Resolution approving application to the Black Hawk County Metropolitan Planning Organization Transportation Alternatives Program funding, in conjunction with the Cedar Valley Lakes Trail Bridge and Cedar River-Brinker Lake Connection", be adopted. Roll call vote-Ayes: Seven. Motion carried. Noel Anderson, Community Planning and Development Director, provided an overview of the item. Mrs. Juon questioned Item #6 and if the connection from the Lakes Trail Bridge and Cedar River- Brinker Lake has been approved. Mr. Morrissey stepped out at 6:30 p.m. Doug Schindel, AECOM, explained that they have completed hydraulic modeling to demonstrate that the project is feasible but permits have not yet been submitted for the project. Kevin Blanshan, INRCOG, explained that once the project is programmed, and an agreement is in place, the city will have two years to get the project to letting, if that does not happen, then the monies go back to the state. Mr. Morrissey returned at 6:31 p.m. David Dryer, 3145 W. 4th Street, questioned if Road Use Tax funds are being used for the trails and commented that bicycle license should be brought back to help pay for trails. Mr. Shimp questioned if item six and seven have been bonded for at this point in time. Noel Anderson explained that if approved this item would allow the city to seek outside funding for the twenty percent match and bond for the project down the road as well if necessary. Mr. Morrissey explained that items five through seven are benefits to the community. Resolution adopted and upon approval by Mayor assigned No. 2018-205. 146768 - Schmitt/Amos that "Resolution approving application to the Black Hawk County Metropolitan Planning Organization Transportation Alternatives Program funding, in conjunction with the Shaulis Road Trail", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-206. 146769 - Shimp/Morrissey that "Resolution approving Second Amendment to the Development Agreement with Cardinal Construction of Waterloo, Iowa, approved August 7, 2017, for property generally located northwest of 1318 Martin Road, to be part of a 1031 Exchange, 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. 2018-207. 146770 - Shimp/Morrissey that "Resolution approving a Professional Services Agreement with Via Rail Logistics, LLC for the development of a rail park layout in the MidPort TIF District in the amount of $66,250, and authorize the Mayor and City Clerk to sign and fully execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-208. April 2, 2018 Page 7 146771 - Shimp/Morrissey that "Resolution approving Agreement for Mitigation of Utility Facility Conflicts with CenturyLink QC, for services related to the FY 2018 University Avenue Reconstruction - Phase I - Greenhill Road to Evergreen Avenue, Contract No. 933, and authorize the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-209. 146772 - Amos/Morrissey that "Resolution approving Professional Services Agreement with Ament Design of Cedar Rapids, Iowa, in an amount not to exceed $91,020.00, for construction services related to the FY 2018 Ansborough Avenue Improvements from US Hwy. 20 to San Marnan Drive, Contract No. 942, and authorize the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-210. 146773 - Amos/Morrissey that "Resolution approving award of contract to Aspro, Inc. of Waterloo, Iowa, in the amount of $1,226,902.06, and approving the Contract, Bonds, and Certificate of Insurance for the FY 2018 Asphalt Overlay Program, Contract No. 943, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Shimp questioned when the program would start and end. Eric Thorson explained that a pre-construction meeting will be held this week and will begin work as soon as weather permits with the project concluding this fall. Mr. Shimp requested tabling the item and doing an RFP for concrete. Eric Thorson explained why the city does not utilize concrete overlays on this type of project. Mayor Hart commented that it would be beneficial to hold a work session in May to include a presentation covering asphalt verses concrete and what can be done to increase the number of concrete bidders. Eric Thorson explained that Des Moines, Quad Cities and Council Bluffs have multiple bidders on asphalt overlay programs because they are larger communities or they are near another state so they receive bids outside the state of Iowa. Mr. Morrissey questioned the difficulty of laying concrete over asphalt. Eric Thorson explained the process. Mr. Shimp commented that he would like to see what other cities are paying per square yard for Asphalt overlays programs. Resolution adopted and upon approval by Mayor assigned No. 2018-211. 146774 - Morrissey/Amos that "Resolution approving a Memorandum of Understanding between the Iowa Northland Regional Council of Governments (INRCOG) and the City of Waterloo, for services relating to updating the 1973 Area Wide Sanitary Sewer Study, and funding in the amount of $37,500, 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. 2018-212. 146775 - Shimp/Morrissey Apri12, 2018 Page 8 that "Resolution approving a no-match grant application to the Iowa Assurance Community Pool (ICAP), in conjunction with the purchase of four (4) motorcycle helmets, in an amount not to exceed $1,000", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-213. 146776 - Shimp/Morrissey that "Resolution approving professional services agreement with RSM US LLP of Waterloo, Iowa, in the amount of $7,980, for network firewall design, implementation and training, with hardware procured from CDW-Government, in the amount of $22,000, 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. 2018-214. 146777 - Shimp/Amos that"Resolution approving Amendment to Agreement for Animal Control Services between the City of Cedar Falls, commencing July 1, 2018 thru June 30, 2019,with an increase of approximately 1.5% per call, and authorize the Mayor and City Clerk to execute said document", be adopted. Mr. Shimp commented that he believes the fees for the contract should be increased. 146778 - Shimp/Jacobs Motion to amend the fees by Domestic animal calls from $112 to $120, after hours from $128 to $150, wild life from $99 to $110, after hours wild from $120 to $125, DOA from $68 to $75, after hours DOA from $78 to $85, DOA Deer $97 to $110. Roll call vote-Ayes: Two. Nays: Five. (Morrissey, Klein, Amos, Schmitt and Juon). Motion failed. Kelley Felchle, City Clerk, explained the contract has already been approved by Cedar Falls. A considerable amount of discussion took place regarding the services provided and revenue generated with this service. 146779 - Shimp/Jacobs To table one week. Roll call vote-Ayes: Two. Nays: Five. (Morrissey, Klein, Amos, Schmitt and Juon). Motion failed. Mayor Hart asked the council to move forward on this agreement, and do a fee study for the future. 146780 - Shimp/Amos that "Resolution approving Amendment to Agreement for Animal Control Services between the City of Cedar Falls, commencing July 1, 2018 thru June 30, 2019,with an increase of approximately 1.5% per call, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Five. Nays: Two. (Jacobs and Shimp). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-215. 146781 - Schmitt/Amos that "Resolution approving convention and Visitors Bureau board recommendation for funding in the Event/Capital Hotel-Motel Grant Funds for FY 2019", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-216. 146781 - Schmitt/Amos that "Resolution approving Convention & Visitors Bureau (CVB) board recommendations to fund the FY 2019 Partner Grants", be adopted. Roll call vote-Ayes: Seven. Motion carried. April 2, 2018 Page 9 Resolution adopted and upon approval by Mayor assigned No. 2018-217. ORDINANCES 146782 - Morrissey/Schmitt 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 the development of a 210 lot subdivision next to 5805 Kimball Avenue", be received, placed on file, considered and passed for the second time. Roll call vote-Ayes: Six. Nays: One. (Jacobs - Abstained due to possible conflict). Motion carried. Eileen Mc Fee, 204 Lichty Blvd., commented on parking issues surrounding Orange Elementary School and noted that the council should slow down the progress on the development to address these issues. Mike Henning, 138 Sidehill Drive, commented that he would like to hear council have discussions on safety issues for Shaulis Road and Kimball Avenue, and explained that 114 incidents have taken place at the intersection of Shaulis and Kimball since January 2013 through March 26, 2018. Alex Bower, Engineer for the project with Fehr Grahm, responded to the comments on safety and explained that the preliminary platting process does require upgrades to all fronting roadways. Barbara Henning, 138 Sidehill Drive, commented on the promises that were made to the Orange Township residents regarding traffic flow when the new school was built and asked that the rezone be tabled until issues are addressed. David Dryer, 3145 W. 4t' Street, commented that expanding the city boarder will create a budgetary strain on the city and questioned if the CLURA/CURA program is working. Todd Obadal, 124 Amity Drive, commented that he is not opposed to the project and that the residents have the right to ensure that the development is being done in a sensible manner. He further commented that the traffic study should be completed now prior to the rezone being approved. Garland Angove, 144 Windsor Drive, read a statement from the developer explaining that they want to be friends and neighborly with the current residents. Tony Geerts, 230 Lichty Blvd., commented that the development will have a negative impact on agriculture and will raise the cost of food by taking productive land out of production forever. Jim Chapman, 224 Bertch, commented that expanding the city boarder will create a budgetary strain on the police and fire departments. Forest Dillavou, 1425 Huntington Road, explained that he believes the development is a smart investment for the city. Bruce Kaesser, 106 E. 3rd Street, explained he is favor of the development. Mayor Hart stepped out at 7:44 p.m. Bob Manning, Executive Officer for Cedar Valley Home Builders, commented on the benefits of this development and the addition of new homes to the area. Mayor Hart returned at 7:46 p.m. Dave Schaeffer, 150 Sidehill Drive, commented that he is in favor of the project but wants to make sure the water pressure issues are worked out and that the development is planned with safety in mind. April 2, 2018 Page 10 Monique Walters, 5404 Kimball, commented that the traffic safety issues need to be acknowledged that it is a real problem, and an appropriate long term solution needs to be implemented before the traffic and/or population doubles or triples. She further requested that the rezone be tabled until the traffic study is completed, reviewed, and how the City of Waterloo, Waterloo Schools and the development team can find a solution. Mr. Shimp commented he is in favor of the development and questioned how progress is coming on the traffic study. Alex Bower explained that the traffic study is not due until the final platting stage and that the item would not go to council until the traffic study is approved by the Traffic Engineer. Mr. Shimp commented that he would like to see a study prior to the approval of the final plat. Alex Bower explained the platting process and how the timing of certain aspects of the project are determined. Mr. Morrissey commented that he wrote in his notes that before any platting takes place a traffic study needs to take place. Noel Anderson explained that on March 6, 2018, the Planning & Zoning Commission unanimously approved the rezoning request subject to the condition that a traffic study be submitted prior to the submittal of a final plat. Mr. Morrissey questioned if the council votes no on the final platting, which would then terminate the project, what legal ramifications would there be to the city. Dave Zellhoefer, City Attorney, commented that the Council could reject an unsafe plat with no liability. Mr. Morrissey questioned if the developer would have a legal recourse to sue the city. Dave Zellhoefer commented he does not believe it would go that direction and that developer and city would work out the traffic safety issue. Mayor Hart commented that the Council would have every right not to approve it, without the worry of legal recourse. Mr. Schmitt commented that the logical thing would be to table the item until the traffic study is done and questioned how would that affect the progress of the project. Alex Bower explained that tabling the item until the traffic study is complete, would delay the progress for approximately 5-6 weeks. 146783 - Schmitt/Shimp To table until the traffic study is complete. Mayor Hart questioned the current Planning & Zoning process and if this request sets a precedent. Noel Anderson explained that not every new subdivision is required to do a traffic analysis so this developer is being asked to do more than most. He further explained that the process is set up to go through various steps to keep things timely and minimize costs. Mrs. Juon questioned if a compromise is acceptable to pass the zoning tonight contingent on the traffic study being submitted prior to the preliminary plat. Noel Anderson explained the zoning process has absolutely no specific ties to any traffic, lot size, layout, drainage issues, etc., as that is included in the plat process, and reminded Council that there are still two opportunities to vote. April 2, 2018 Page 11 Mr. Amos commented that he cannot support tabling the item because as part of the process the traffic study must be completed prior to the final plat, and the council still has the right and ability to say no, with no repercussions. Mrs. Klein concurred with Mr. Amos. Noel Anderson explained that by requiring the traffic study prior to the plat layout, it could not possibly be adequate. Mr. Shimp commented he would not support tabling the item. Mayor Hart commented that he would not do a traffic study until the rezoning had been approved. Mrs. Klein confirmed her support to consider to pass for a third time to get the project that much closer to completing the traffic study. Mr. Schmitt questioned if by passing for the second and third time, will it expedite the traffic study. Alex Bower confirmed. Mr. Schmitt questioned which fund would cover the cost of the traffic improvements. Noel Anderson explained that determination would be made based on the study. Mr. Schmitt withdrew his motion. 146784 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Five. Nays: Two. (Shimp, Jacobs - Abstained due to possible conflict). Motion failed. Mayor Hart commented that the City of Waterloo would like to see continued development and growth, opportunities for families and quality of life. 146785 - Morrissey/Shimp that "an Ordinance amending the 2008 Traffic Code by adding Subsection (2a), Airline Highway and Wagner Road - Full Actuated, to Section 540, Obedience to Official Traffic-Control Devices", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 146786 - Morrissey/Shimp 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 timing of the item. Sandie Greco, explained the item and that the state is paying for the improvement. 146787 - Morrissey/Shimp that "an Ordinance amending the 2008 Traffic Code by adding Subsection (2a), Airline Highway and Wagner Road - Full Actuated, to Section 540, Obedience to Official Traffic-Control Devices", 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. 5447. ADJOURNMENT 146788 - Shimp/Amos April 2, 2018 Page 12 that the Council adjourn at 8:17 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felc City Clerk