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HomeMy WebLinkAboutMinutes-April 09, 2018 April 9, 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 9, 2018, Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Shimp, Klein, Amos, Schmitt, and Juon. Mrs. Juon participated via telephone. Prayer or Moment of Silence. Pledge of Allegiance: Kelley, Felchle, City Clerk 146789 - Schmitt/Shimp that the Agenda, as proposed, for the Regular Session on Monday, April 9, 2018,at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 146790 - Schmitt/Shimp that the Minutes, as proposed, for the Regular Session on Monday, April 2, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Proclamation declaring April 8-15, 2018 as Days of Remembrance. Recognition and Swearing in of new Police Officer Nikolai Payne. ORAL PRESENTATIONS Bruce Kaesser, 106 E. 3rd Street, spoke to council about the tragic impact of gun violence and that individuals who commit illegal gun crimes should face the maximum sentence. Dwayne Ehilers, 1205 1/2 Bishop Street, explained an ongoing issue he has had with the Waterloo Water Works regarding his shut off valve. He explained that the Water Works has demanded payment and the City Attorney sent him a letter stating that the fee needs to be paid or the amount will be assessed to his property taxes. He further explained that he is not paying a$1,600 bill for his water shut off valve. David Dryer, 3145 W. 4th Street, explained that he hears that the city needs a better quality life and it usually focuses on white water rafting or other recreation. He noted that a lower tax base and living expense will bring more people to town and keep them here and recreation options will not. Forest Dillavou, 1725 Huntington Road, explained that a city truck went past his house twice with pot hole materials and explained that he followed the truck and watched the employees do the work. He explained that he does not believe that city employees use proper technique to repair pot holes and if they did the patches would last longer. Mr. Shimp commented that he received a call from a constituent regarding fireworks and stated that he would like to see something on the agenda regarding usage of fireworks. 146791 - Schmitt/Morrissey that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 146792 - Schmitt/Morrissey 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 9, 2018, in the amount of$806,994.83 a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. April 9, 2018 Page 2 Resolution adopted and upon approval by Mayor assigned No. 2018-218. 2. Request from the Memorial Day Board to hold a Memorial Day Parade on May 28, 2018 from 8:45 a.m. to 11:45 a.m. with an honor guard salute and a parade route utilizing Commercial, 5th, Park Avenue and Mulberry Streets, requiring barricades. Resolution adopted and upon approval by Mayor assigned No. 2018-219. 3. Request from Robert McCalley for a waiver for a concrete driveway located at 2275 Country Lane and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2018-220. 4. Resolution approving preliminary specifications and bid document, and setting a date of bid opening as April 26, 2018.and date of public hearing as April 30, 2018 for the purchase of one (1) 2018 2-Wheel Drive Chevrolet Colorado, extended cab compact pickup truck, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2018-221. b. Motion to approve the following: 1 Travel Requests Name & Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. Chris Ferguson, Fire Investigation of gas and Benton April 23-27, $1,328.00 Marshal electric appliance fires. Harbor, MI 2018 b. Michelle Weidner, Government Finance St. Louis, May 6-9, $1,670.00 Chief Financial Officers Association MO 2018 Officer Annual 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 New 02/28/2019 UAW, 2615 Washington w/Outdoor Service Street *OWNERSHIP UPDATE* b. Prime Mart, 508 Broadway B Wine/C Beer/E Renewal 3/31/2019 Street Liquor 3. Recommendation of appointment of Tom Meyer, from the current Civil Service list, to the position of Street Foreman at the Public Works Street Department, effective April 10, 2018. 4. Recommendation of appointment of Michael Gienau, from the current Civil Service list, to the position of Street Foreman at the Public Works Street Department, effective April 10, 2018. 5. Recommendation of appointment of Forrest Graves from the Civil Service list, to the position of Collection Systems Foreman at the Waste Management Department, effective April 10, 2018. 6. Cigarette/Tobacco/NicotineNapor Permit New Application for HAB Petroleum, Inc. 127 Jefferson Street. 7. Bonds. Roll call vote-Ayes: Seven. Motion carried. April 9, 2018 Page 3 146793 - Shimp/Jacobs Motion to approve the following items separately. 1.B.3 Recommendation of appointment of Tom Meyer, from the current Civil Service list, to the position of Street Foreman at the Public Works Street Department, effective April 10, 2018. 1.13.4 Recommendation of appointment of Michael Gienau, from the current Civil Service list, to the position of Street Foreman at the Public Works Street Department, effective April 10, 2018. 1.B.5 Recommendation of appointment of Forrest Graves from the Civil Service list, to the position of Collection Systems Foreman at the Waste Management Department, effective April 10, 2018. Roll-call vote-Ayes: Seven. Motion carried. Council discussion took place regarding duties of the positions, the hiring process, and timing of state approval of the backfill. Sandie Greco, Interim Public Works Director, provided an overview of the Street Foreman positions. Steve Hoambrecker, Waste Management Services Director, provided an overview of the Collection Systems Foreman position. PUBLIC HEARINGS 146794 - Schmitt/Amos that proof of publication of notice of public hearing on 2018 Right of Way Mowing Contract, as published in the Waterloo Courier on March 26, 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. 146795 - Schmitt/Amos that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 146796 - 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. 2018-222. 146797 - 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. 2018-223. 146798 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids. PER ACRE Name &Address Bid Option Bid Option Bid Option Bid Option Bid Option Bid Security A B C D E B&B Lawn Care $ 57.75 $ 64.00 $ 40.00 No Bid $ 55.99 5% Waterloo, IA Professional Lawn Care $ 58.75 $ 54.80 $ 43.55 No Bid $ 61.75 5% Waterloo, IA Wilson Custom Tree No Bid $ 60.00 $ 35.00 $595.00 $ 70.00 5% Cresco, IA April 9, 2018 Page 4 Voice vote-Ayes: Seven. Motion carried. 146799 - Schmitt/Amos that "Resolution approving award of bids to B &B Lawn Care, Inc. of Waterloo, Iowa in the amount of$57.75 Option A and $55.99 Option E, Professional Lawn Care, L.L.C. of Waterloo, Iowa in the amount of$54.80 Option B, Wilson Custom Tree of Cresco, Iowa in the amount of$35.00 Option C, and $595.00 Option D, in conjunction with the 2018 Right of Way Mowing Contract and approving the contracts, bonds and certificates of insurance, and authorize the Mayor and City Clerk to execute said documents. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-224. 146800 - Amos/Morrissey that proof of publication of notice of public hearing on FY 2018 Lift Station Mowing Contract, as published in the Waterloo Courier on March 30, 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. 146801 - Amos/Morrissey that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 146802 - Amos/Morrissey that "Resolution confirming approval of bid documents, specifications, form of contract, etc.", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-225. 146803 - Amos/Morrissey that"Resolution authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-226. 146804 - Amos/Morrissey Motion to receive and file and instruct City Clerk to read bids and refer to Waste Management Services Director for review. Bidder Bid Option A Bid Option B Bid Option C Per Occurrence Per Occurrence Per Occurrence B&B Lawn Care, Inc. Mowing: $1,149.50 Mowing: $516.50 Mowing: $346.50 Waterloo, IA Weed Control: $1,875.00 Weed Control: $1,300.00 Feed Control: $1,200.00 R&D Lawn Care, LLC Mowing: No Bid Mowing: $540.00 Mowing: $380.00 Waterloo, IA Weed Control: No Bid Weed Control: $240.00 Weed Control: $24.00 Voice vote-Ayes: Seven. Motion carried. 146805 - Shimp/Morrissey that proof of publication of notice of public hearing on FY 2018 Street Reconstruction Program, Contract No. 944, as published in the Waterloo Courier on March 26, 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. Apri19, 2018 Page 5 146806 - Shimp/Morrissey that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 146807 - 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. 2018-227. 146808 - 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. 2018-228. 146809 - Shimp/Morrissey Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Division 1 Base Bid+Alt A (Asphalt) +Division 2 & 3 Estimate: $7,598,726.76 Division 1 Base Bid+Alt B (Concrete) +Division 2 & 3 Estimate: $8,023,732.96 Bidder Bid Security Bid Amount Croell, Inc. 5% Alt. B - $7,639,882.61 New Hampton, IA Aspro, Inc. 5% Alt. A - $7,168,904.23 Waterloo, IA Voice vote-Ayes: Seven. Motion carried. 146810 - Morrissey/Amos that proof of publication of notice of public hearing on Waterloo Center for the Arts FY 2018 Restroom Renovation Project, as published in the Waterloo Courier on March 21, 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. 146811 - Morrissey/Amos that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 146812 - Morrissey/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. 2018-229. 146813 - Morrissey/Amos that"Resolution authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-230. 146814 - Morrissey/Amos - Motion to receive and file and instruct City Clerk to read bids. April 9, 2018 Page 6 Estimate $ 400,000 Bidder Bid Security Bid Amount Failor Hurley Base: $349,750.00 Waterloo, IA 5°�0 Alt 1: $ 20,500.00 Peters Construction Corp. Base: $361,631.00 Waterloo, IA 5°�0 Alt 1: $ 13,431.00 Steege Construction, Inc. Rejected due to untimely Waverly, IA filing. Voice vote-Ayes: Seven. Motion carried. 146815 - Morrissey/Amos that "Resolution approving award of bid to Failor-Hurley of Waterloo, Iowa in the amount of $370,250, in conjunction with the Waterloo Center for the Arts FY2018 Restroom Renovation Project, and authorize the Mayor & City Clerk to execute said documents", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-231. 146816 - Morrissey/Amos that proof of publication of notice of public hearing on Purchase of one (1) 2017 or newer backhoe loader for Waste Management Services, as published in the Waterloo Courier on March 30, 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, questioned if the backhoe could be shared between departments. Steve Hoambrecker explained the usage and need for the backhoe. Sandie Greco explained that an old backhoe is currently at the public works department that will replace this new backhoe. Forest Dillavou, 1725 Huntington Road, raised issues with the specifications and bid process used for the backhoe. John Sherbon, 1715 Robin Road, commented that many of the specifications are federally mandated safety equipment. He further commented that the state bid requirement does not allow for other bidders who would be willing to provide a competitive bid. Todd Obadal, 124 Amity Drive, commented on the differences in specifications required between neighboring cities. He also questioned who put the specifications together. Mayor Hart commented that he would not ask the Department Director to comment at this time as the bids have not yet been reviewed nor has a decision been made to award a bid at this time. 146817 - Morrissey/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 146818 - Morrissey/Amos that "Resolution confirming approval of, specifications, bid documents, etc.", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Jacobs commented that bid specifications should be reviewed to encourage other bidders and emphasize performance. April 9, 2018 Page 7 Steve Hoambrecker explained how the specifications for the backhoe were assembled. Mayor Hart commented that no bidders have been selected at this point in time. Sandie Greco explained that the specifications will be reviewed with staff members. Mrs. Klein commented that the city needs to be careful that specifications be assembled so that they do not favor a particular dealer or brand. Mr. Shimp questioned the estimated amount provided. Sandie Greco provided an explanation. Mr. Morrissey commented that he appreciates hearing that Steve and Sandie work with staff that use the product for input on assembling the specifications. Resolution adopted and upon approval by Mayor assigned No. 2018-232. 146819 - Morrissey/Amos that"Resolution authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-233. 146820 - Morrissey/Amos Motion to receive and file and instruct City Clerk to read bids and refer to Interim Public Works Director for review. Estimate $ 130,000.00 Bidder Bid Amount Ziegler CAT Postville, IA $133,000.00 Titan Machinery Center Point, IA $101,593.00 Altorfer, Inc. Cedar Rapids, IA $106,786.00 Murphy Tractor &Equipment Co. Waterloo, IA $111,635.00 Voice vote-Ayes: Seven. Motion carried. 146821 - Shimp/Morrissey that proof of publication of notice of public hearing on General Obligation Bonds - GCP 2 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes., as published in the Waterloo Courier on March 21, 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. 146822 - Shimp/Morrissey that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 146823 - Shimp/Morrissey that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds", be adopted. Roll-call vote-Ayes: Seven. Motion carried. April 9, 2018 Page 8 Resolution adopted and upon approval by Mayor assigned No. 2018-234. 146824 - Morrissey/Amos that proof of publication of notice of public hearing on General Obligation Bonds - GCP 3 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes., as published in the Waterloo Courier on March 21, 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. 146825 - Morrissey/Amos that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 146826 - Morrissey/Amos that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-235. 146827 - Shimp/Morrissey that proof of publication of notice of public hearing on General Obligation Bonds - GCP 4 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes., as published in the Waterloo Courier on March 21, 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. 146828 - Shimp/Morrissey that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 146829 - Shimp/Morrissey that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds.", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-236. 146830 - Amos/Morrissey that proof of publication of notice of public hearing on General Obligation Bonds - GCP 5- The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes., as published in the Waterloo Courier on March 21, 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. 146831 - Amos/Morrissey that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 146832 - Amos/Morrissey that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds", be adopted. Roll-call vote-Ayes: Seven. Motion carried. April 9, 2018 Page 9 Resolution adopted and upon approval by Mayor assigned No. 2018-237. 146833 - Morrissey/Amos that proof of publication of notice of public hearing on General Obligation Bonds - ECP-UR 6 - The issuance of not to exceed $700,000 General Obligation Bonds for essential urban renewal corporate purposes., as published in the Waterloo Courier on March 21, 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. David Dryer, 3145 W. 4t' Street, questioned what the bond proceedings will take the city's outstanding debt amount to. Michelle Weidner, Chief Financial Officer, explained that after principal payments are made the total outstanding debt will be lower by approximately $1,000,000.00. John Sherbon, 1715 Robin Road, questioned the duration of the bond issue. Michelle Weidner, explained the duration of the bond amount and how they can be paid off early. 146834 - Morrissey/Shimp that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 146835 - Morrissey/Shimp that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Michelle Weidner provided an explanation of the difference between general obligation and essential urban renewal corporate purpose bonds. Resolution adopted and upon approval by Mayor assigned No. 2018-238. RESOLUTIONS 146836 - Schmitt/Amos that "Resolution approving 28E Agreements with Elk Run Heights, Cedar Township, and East Waterloo Township, to provide Fire and EMS protection, and authorize the Mayor to execute said documents", be adopted. Roll call vote-Ayes: Six. Nays:One (Shimp). Motion carried. Mr. Shimp commented that the combined dollar amount of the agreements do not cover the total cost of a firefighter and requested an overview of the structure of the contracts. Pat Treloar, Fire Chief, provided an overview of the contracts. Mayor Hart questioned the last time fees were increased. Pat Treloar explained the historical fee increases. Mr. Shimp questioned how responses are determined between Waterloo and outside communities and requested that the fees be reviewed so that the city can have a profit for services it provides. Pat Treloar explained how responses are determined between Waterloo and outside communities. Mr. Shimp questioned if this could be included in the upcoming fee study. Mr. Schmitt commented on the increase and questioned the status of Evansdale Fire Department. Apri19, 2018 Page 10 Pat Treloar explained the staffing of the Evansdale Fire Department. Resolution adopted and upon approval by Mayor assigned No. 2018-239. 146837 - Schmitt/Amos that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Soft Play, LLC of Huntersville, North Carolina, at a total cost of $74,999.00, in conjunction with the FY 2018 Phelps Youth Pavilion Playscape project", be adopted. Roll call vote- Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-240. 146838 - Schmitt/Amos that "Resolution approving award of contract to K. Cunningham Construction Co., Inc. of Cedar Falls, Iowa in the amount of $770,396.25, and approving the contract, bonds, and certificate of insurance for the FY 2018 Ansborough Avenue Improvements from US Hwy. 20 to San Marnan Drive, Contract No. 942, 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. 2018-241. 146839 - Amos/Morrissey that motion approving the Final Quantity Summary (Change Order No. 2) for a net increase of $1,790.60 for the FY 2016 Galactic Drive and Fitzway Drive Extensions, Contract No. 896, and authorize the Mayor and City Clerk to execute said document, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 146840 - Amos/Morrissey that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Peterson Contractors, Inc. of Reinbeck, Iowa, at a total cost of $355,598.85 in conjunction with FY 2016 Galactic Drive and Fitzway Drive Extensions, Contract No. 896", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-242. 146841 - Morrissey/Amos that "Resolution approving a Sewage Treatment Agreement with the Iowa Department of Natural Resources, to extend sanitary sewer to the Irving Square Addition, in conjunction with the FY 2018 Street Reconstruction Program, Contract No. 944, 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. 2018-243. 146842 - Morrissey/Amos that "Resolution approving request of City of Waterloo to name a private street Marigold Drive, generally located southeast of Afton Drive", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Morrissey questioned how the name of the street will appear to the public. Noel Anderson, Community Planning and Development Director, explained that Marigold Drive will have a blue sign to designate a private street. Mr. Schmitt questioned if there is a policy on how streets are named. Noel Anderson explained that the Engineering Department reviews names to ensure that names are unique to the community and Cedar Valley. April 9, 2018 Page 11 Eric Thorson explained that they will accept suggestions for street names. Resolution adopted and upon approval by Mayor assigned No. 2018-244. ORDINANCES 146843 - 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 site plan amendment on certain property, located south of 720 N. Elk Run Road", be received, placed on file, considered and passed for the second time. Roll call vote-Ayes: Seven. Motion carried. 146844 - Shimp/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Three. Nays: Four (Jacobs, Shimp, Klein, Schmitt). Motion failed. Mr. Morrissey questioned the balance of the vote to suspend the rules. Mayor Hart commented that past practice will be used for this vote. 146845 - 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 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 considered and passed for the third time and adopted. Roll call vote-Ayes: Six. Nays: One (Jacobs-Abstain without excuse). Motion carried. Mike Henning, 138 Sidehill Drive, commented that many of the individuals working with Mr. Anderson do not reside in Waterloo and commented that he supports the rezoning. Rodney Anderson, 261 Heather, expressed support for the new development. Mr. Schmitt commented that he believes both parties have worked together to address concerns over zoning and that there is more work to do. Mr. Shimp commented that the traffic study is still of concern to him but will support the ordinance. Mary Margret Halverson, 178 Sidehill Drive, expressed concern that she has heard that the traffic study would be a sham and hopes that that comment would not be the case. Bruce Kaesser, 106 E. 31d Street, commented that he supports the developer and the project. Jesse Thompson, 313 W. Orange Road, commented that the city is putting all of its eggs in one basket on the traffic report and thinks that the developer paying for the report is biased. Todd Obadal, 124 Amity Drive, commented that the Orange School sent out a text to parents to no longer park on Kimball Avenue due to safety issues. He stated that the city should do a traffic study right now to ascertain the hazards in the area and get in front of the issue. Monique Walters, 5404 Kimball Avenue, explained that she appreciates elected officials working on this process. She stated that it is unfortunate to turn rich Iowa soil into a development, that she hopes to see that the plat actually completed as R-1, and that safety is the most important issue as this development is planned. She further asked that the council table the request until the study is complete. Apri19, 2018 Page 12 Buzz Anderson commented that he is open to having someone else pay for the traffic study if that would help rule out any favor to him. He stated that optimism is faith that leads to innovation to achievement and to prosperity if we don't let the voices of doom and gloom defeat this. Ordinance adopted and upon approval by Mayor assigned No. 5448. OTHER COUNCIL BUSINESS 146846 - Shimp/Amos to approve the application to the State of Iowa Clean Water Revolving Loan fund to provide financing for the CIP Pipe Lining Phase III project, in the amount of $1,600,000, and authorize Michelle Weidner, CFO, to sign and submit the application to the State of Iowa, be received, placed on file and approved. Voice vote-Ayes: Seven. Motion carried. 146847 - Morrissey/Amos that the council adjourn to Executive Session at 7:36 p.m. Roll call vote-Ayes: Seven. Motion carried. City Attorney Dave Zellhoefer stated that discussion of the purchase of real estate is an approved topic of Executive Session pursuant to Iowa Code Section §21.5(1)0). EXECUTIVE SESSION 146848 - Morrissey/Jacobs that the council adjourn Executive Session at 8:41 p.m. Voice vote-Ayes: Seven. Motion carried. ADJOURNMENT 146849 - Morrissey/Jacobs that the Council adjourn at 8/:41 p.m. Voice vote-Ayes: Seven. Motion carried. I 14vi" v-, Kelley Fel e City Clerk