HomeMy WebLinkAboutMinutes-May 07, 2018 May 7, 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, May 7, 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: Noel Anderson, Community Planning& Development Director
146946 - Juon/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, May 7, 2018, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Seven. Motion carried.
146947 - Juon/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, April 30, 2018, at 5:30 p.m., and
the Special Session on Tuesday, May 1, 2018,be accepted and approved. Voice vote-Ayes: Seven.
Motion carried.
Proclamation declaring May 12, 2018 as Letter Carriers' Food Drive Day.
Proclamation declaring May 7-13, 2018 as Bird Appreciation Week.
Proclamation declaring May 13-19, 2018 as National Police Week and May 16, 2018 as Peace
Officer's Memorial Day.
ORAL PRESENTATIONS
Mike Youngblut, Attorney for Deer Creek Development, explained that an agreement has been
reached to demolish the Waterloo Greyhound Park.
Jim Chapman, 224 Bertch, questioned if he can receive answers on the human resources questioned
he submitted. He also questioned if the budget is based on population because each department has
stated that they need more staff during Residents' Academy.
Major Harold Puff, Salvation Army, explained that the Salvation Army is still interested in
purchasing adjacent vacant property and is working on a strategic plan outlining how to move
forward.
Mr. Morrissey commented on the various upcoming events, including Friday'Loo, Riverloop
Rhythms, Bike to Friday'Loo Event, and Bike to School Day.
Mr. Schmitt explained he still intends to bring back the discussion of preserving revenue from
speeding tickets at a future meeting.
Mr. Morrissey questioned Mr. Schmitt's intention.
Mayor Hart commented that the City of Waterloo has received the Small Business Community of
the Year award.
146948 - Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion
carried.
CONSENT AGENDA
146949 - Juon/Schmitt
that the following items on the consent agenda be received, placed on file and approved:
a. Resolutions to approve the following:
May 7, 2018 Page 2
1. Resolution approving Finance Committee Invoice Summary Report, dated May 7, 2018, in
the amount of$624,573.18 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. 2018-296.
2. Request to certify assessment to property for work performed by the Waterloo Water Works,
at five (5) locations,together with recommendation of approval by the Waterloo Water
Works Board of Trustees. 727 Progress Avenue - $770.52; 2026 Ansborough Avenue -
$681.09; 225 Shilliam Avenue - $4,707.54; 310 Allen Street- $488.75; 83 Mulberry Street-
$1,854.89.
Resolution adopted and upon approval by Mayor assigned No. 2018-297.
3. Resolution approving request of ABATE of Iowa, District 16, to hold its annual motorcycle
awareness ride on May 19, 2018, starting at 10:00 a.m. in the Black Hawk County
Courthouse parking lot, traveling throughout Black Hawk County, and ending the ride at
Silver Eagle Harley Davidson.
Resolution adopted and upon approval by Mayor assigned No. 2018-298.
4. Resolution approving noise variance request from Main Street Waterloo from 5:30 p.m to
9:30 p.m. for the Friday'Loo events in Lincoln Park on multiple Fridays from May 1 lth to
September 7th, 2018.
Resolution adopted and upon approval by Mayor assigned No. 2018-299.
5. Resolution resetting date of bid opening as May 17, 2018, and date of public hearing as
May 21, 2018, in conjunction with the Waste Management Administration HVAC Cooling
System, and instruct City Clerk to publish said notice
Resolution adopted and upon approval by Mayor assigned No. 2018-300.
6. Resolution setting a date of public hearing as May 21, 2018 to carry out the terms of the
previously approved agreement for the sale and conveyance of the city's partial interest in a
parcel located within Block 63 of Cooley Addition adjacent to 519 E. 3rd Street, to JSA
Development, LLC, in the amount of$1.00, and authorize City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2018-301.
7. Resolution approving preliminary specifications, bid document, form of contract, etc. and
setting date of bid opening as May 24, 2018 and public hearing as May 29, 2018, in
conjunction with the purchase of one (1) 1 ton DRW 4 X 4 with 84" cab with snow plow
package, and instruct City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2018-302.
8. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date
of public hearing as May 14, 2018, in conjunction with the construction of Traffic Adaptive
Signals on Hwy. 218 and San Marnan Drive and Fiber Optic Communications Upgrade. Bids
to be opened by Iowa Department of Transportation.
Resolution adopted and upon approval by Mayor assigned No. 2018-303.
b. Motion to approve the following:
1 Travel Requests
Name & Title of Amount
Personnel Class/Meeting Destination Date(s) not to
Exceed
a. Mohammad Elahi, Joint ITE (Institute of Minneapolis, August 19- August 19-
Traffic Engineer Traffic Engineers) MN 23, 2018 23, 2018
May 7, 2018 Page 3
International and
Midwest/Great Lakes
Districts Annual Meeting
and Exhibit
b. P.O. Watson Basic (IED) Improvised Des Moines, April 1-6, $125.00
Explosive Device IA 2018
Electronics Course
2• Approved Beer, Liquor, and Wine Applications
Name &Address of Business Class New or Expiration Includes
Renewal Date Sunday
a. El Mercadito, 520 LaPorte C Beer Renewal 5/21/2019 x
Road
b. Majestic Moon, 1955 Locke C Liquor 4/30/2019 Renewal x
Avenue
c. BP Fuel, 127 Jefferson Street C Beer 6/26/2019 New
*Ownership Update*
d. Gates Park Golf Course, 820 C Liquor 5/10/2019 Renewal X
E. Donald Street w/Outdoor Service
e. Hickory House, 315 Park Rd. C Liquor 5/23/2019 Renewal
f. Local's Bar& Grill, 229 E. C Liquor 4/9/2019 Renewal X
4th Street *Premise
Update/Transfer*
g. Main Street Waterloo, 212 E Special C Liquor 11/5/2018 New
4th Street *6 Month*
h. Prime Mart 7, 1309 Lafayette B Wine/C Beer/E 4/30/2019 Renewal X
Street Liquor
i. Spicoli's, 3555 University C Liquor 12/11/2018 Renewal x
Avenue w/Outdoor Service
3. Mayor Hart's recommendation of the following appointments:
Appointee Board/Commission Expiration New or
Date Re-Appointment
Chatara MabryHuman Rights
Commission 2/8/2019 New
5. Bonds.
Mr. Shimp requested item 2.13.4 be considered separately.
Roll call vote-Ayes: Seven. Motion carried.
146950 - Shimp/Amos
Motion to approve recommendation of appointment of Sarah Kempen, from the current Civil Service
list, to the position of Storm Water Specialist in the Engineering Department, effective May 8, 2018,
pending successful completion of pre-employment physical and drug screening. Roll call vote-Ayes:
Seven. Motion carried.
Mr. Shimp requested an overview of the item.
Eric Thorson, City Engineer,provided an overview of the position.
Mrs. Klein questioned the cost of the position.
May 7, 2018 Page 4
Eric Thorson explained that he does not have the cost readily available. He further explained the
NPDES permit and the work required to maintain the permit.
Mayor Hart questioned if the position is funded by the general fund.
Eric Thorson explained it is funded by storm water fees.
PUBLIC HEARINGS
146951 - Schmitt/Amos
that proof of publication of notice of public hearing on FY 2018 Bridge and Culvert Repairs,
Contract 950, as published in the Waterloo Courier on April 27, 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.
146952 - Schmitt/Amos
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
146953 - Schmitt/Amos
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-304.
146954 - 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. 2018-305.
146955 - Schmitt/Amos
Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review.
Estimate: $223,225
Bidder Bid Security Bid Amount
Cramer &Associates, Inc. 5% $185,335.00
Grimes, IA
Peterson Contractors, Inc. 5% $279,040.00
Reinbeck, IA
Minturn, Inc. 5% $124,676.00
Brooklyn, IA
Boulder Contracting 5% $175,740.00
Grundy Center, IA
Voice vote-Ayes: Seven. Motion carried.
146956 - Shimp/Morrissey
that proof of publication of notice of public hearing on FY 2018 Sidewalk Repair Program - Zone 8,
Contract 948, as published in the Waterloo Courier on April 27, 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.
146957 - Shimp/Morrissey
May 7, 2018 Page 5
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
146958 - Shimp/Morrissey
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-306.
146959 - 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. 2018-307.
146960 - Shimp/Morrissey
Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review.
Estimate: $323,769.45
Bidder Bid Security Bid Amount ,
B&B Builders & Supplyo Division 1 $11,473.98
Waterloo, IA 5% Division 2 $328,449.40
Total Div. 1 & 2 $339,923.38
Voice vote-Ayes: Seven. Motion carried.
Mr. Morrissey commented that the public hearing for Waste Management Administration HVAC
Cooling System has been cancelled to reschedule bid opening and public hearing to a later date.
RESOLUTIONS
146961 - Morrissey/Shimp
that "Resolution approving Supplemental Agreement No. 1 with Wayne Claassen Engineering and
Surveying, Inc. of Waterloo, Iowa, in an amount not to exceed $47,000.00 for geotechnical services,
easement preparation, and final design for the FY 2017 Hammond Avenue Bridge Replacement over
Sink Creek, Contract No. 922, and authorize 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. 2018-308.
146962 - Morrissey/Shimp
that "Resolution approving the contracts, bonds and certificate of insurance of Parking, Inc. dba
Keck, Inc. in conjunction with the Parking Access and Revenue Control System, and related parking
lot improvements at the Waterloo Regional Airport, in the amount of$203,564.00, and authorize the
Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion
carried.
Mr. Shimp requested an overview of the item.
Keith Kaspari, Airport Director, provided an overview of the project.
Resolution adopted and upon approval by Mayor assigned No. 2018-309.
146963 - Morrissey/Shimp
that "Resolution approving Engineering Services Agreement with Wayne Claassen Engineering and
Surveying, Inc. of Waterloo, Iowa, in the amount of $22,000.00 for the FY 2018 Waterloo Yard
Waste, Water and Sanitary Sewer Extension, Contract 952, and authorize the Mayor and City Clerk
to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried.
May 7, 2018 Page 6
Resolution adopted and upon approval by Mayor assigned No. 2018-310.
ORDINANCES
146964 - Amos/Morrissey
that "an Ordinance amending the 2008 Traffic Code, Section 540 - Obedience to Official Traffic-
Control Devices, by adding Subsection (58a) Dubuque Road and Osage Road - Full Actuated", be
received, placed on file, considered and passed for the second time. Roll call vote-Ayes: Seven.
Motion carried.
146965 - Amos/Morrissey
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Four. Nays: T hree (Jacobs, Klein, and Schmitt). Motion failed.
146966 - 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 rezoning 0.87 acres
from "R-4, C-Z" Multiple Residence Conditional Zoning District to "C-2" Commercial District for
construction of a multi-tenant retail center", be received, placed on file, considered and passed for
the second time. Roll call vote-Ayes: Seven. Motion carried.
146967 - Schmitt/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 and Morrissey). Motion failed.
Fred Miehe commented on the timeliness of the item.
Mr. Schmitt questioned if any negative comments have been received.
Noel Anderson commented that there has been no opposition.
Fred Miehe explained he has met with the neighbors to discuss any issues.
146968 - 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 rezone of certain
property, located adjacent to 5050 Foulk Road", be received, placed on file, considered and passed
for the second time. Roll call vote-Ayes: Seven. Motion carried.
146969 - 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 (Schmitt, Juon, Jacobs, Morrissey, Shimp,
Klein, and Amos). Motion failed.
146970 - Amos/Morrissey
that "an Ordinance amending the City of Waterloo Code of Ordinances by amending Title 5 Police
Regulations, Chapter 2 General Offenses, Section 13 Fireworks, Subsections B, E, and F, and adding
a new subsection G", be received, placed on file, considered and passed for the first time. Roll call
vote-Ayes: Three. Nays: Four(Jacobs, Morrissey, Klein, and Juon). Motion failed.
Mr. Amos commented that he has some constituents who have asked for Fireworks on at least the 4th
of July, and therefore he requested this be placed on the agenda. This ordinance would allow for
usage on the 4th of July from 9:00 a.m. to 11:00 p.m., with a possible "rain date".
May 7, 2018 Page 7
Myke Goings, 1203 W. 2nd Street, provided a handout regarding fireworks and supporting
maintaining a ban of fireworks in Waterloo.
Matt Riesetter, 4511 Ranchero Road and owner of Crossroads Fireworks, provided a handout
regarding fireworks usage and thanked city staff members Greg Ahlhelm, Chris Ferguson, and
Kelley Felchle for their help with selling fireworks.
Earl Ramos, 1975 Franklin, explained that he stated that he found out that the zoning has changed
and no grandfathering clause exists in the ordinance.
Noel Anderson, explained that the council changed the location for allowed sales and that the zoning
ordinance does allow grandfathering but the city code does not allow grandfathering.
Jeri Thornsberry, 704 Sheridan Road, asked that council ban fireworks.
Mr. Jacobs commented that the state pushed the problem down to the cities with no revenue for
additional work for police and fire calls. He further explained that fireworks usage is a violation of
an individual's right to privacy, causes littering, increases public safety costs, and impacts veterans
with PTSD.
Mr. Morrissey commented that he is in favor of banning fireworks.
Mrs. Juon questioned if another compromise to allow one day.
Mr. Jacobs commented that fireworks are problematic to individuals in his ward.
Mrs. Klein commented that she does not support the ordinance.
Mr. Schmitt questioned the period for calls for service.
Dan Trelka, Chief of Police, explained that the calls for service covered the entire use period.
Mr. Schmitt commented that from a cost standpoint, people are going to violate the law and it would
be beneficial to allow a day to shoot off fireworks.
Mr. Jacobs commented that he does not believe fireworks usage should be allowed.
Mr. Morrissey commented that the ordinance also requires businesses to post a notice explaining the
allowed use.
Mr. Amos commented that he brought up the ordinance because people in his ward, including
veterans in his ward, want to be able to use fireworks.
OTHER COUNCIL BUSINESS
146971 - Shimp/Amos
Hearing on Order Assessing Civil Penalty to Jim's Foods, 437 Sullivan, Waterloo, Iowa, for sale of
tobacco to minor violation-first offense, be received and placed on file. Voice vote-Ayes: Seven.
Motion carried.
This being the time and place of hearing, the Mayor called for written and oral comments.
Saed Jafri, commented that her father was sick when he sold tobacco to the minor and feels very bad
about this and asked for a second chance and waive the $300 fee.
Dave Zellhoefer, City Attorney, explained that he has plead guilty and paid the $300 fine but owes a
civil penalty and if does not pay the civil penalty his ability to sell will be revoked.
146972 - Shimp/Amos
that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes:
Seven. Motion carried.
May 7, 2018 Page 8
146973 - Shimp/Amos
that "Resolution approving Order Assessing Civil Penalty, in the amount of$300.00 to Jim's Foods,
437 Sullivan, Waterloo, Iowa, for sale of tobacco to minor violation-first offense", be adopted. Roll-
call vote-Ayes: Seven. Motion carried.
Mr. Morrissey questioned if the civil penalty can be paid in installments.
Dave Zellhoefer explained that they can be paid in installments.
Resolution adopted and upon approval by Mayor assigned No. 2018-311.
ADJOURNMENT
146974 - Morrissey/Amos
that the Council adjourn at 7:06 p.m. Voice vote-Ayes: Seven. Motion carried.
)��& J� �h v,—_
Kelley Felch
City Clerk