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HomeMy WebLinkAboutMinutes-April 16, 2018 April 16, 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 16, 2018. Mayor Pro-Tem Sharon Juon in the Chair. Roll Call: Jacobs, Morrissey, Shimp, Klein, Amos, Schmitt, and Juon. Absent: Mayor Quentin Hart Prayer or Moment of Silence. Pledge of Allegiance: Michelle Weidner, Chief Financial Officer 146850 - Schmitt/Amos that the Agenda, as amended, Item 1.A.7, adding the word"taxable" and adding the date of Public Hearing, as April 30, 2018; Item 1.B.4 and 1.B.5 , deleting the word March; for the Regular Session on Monday, April 16, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 146851 - Schmitt/Amos that the Minutes, 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. Proclamation declaring April 22 - 28, 2018 as Arbor Week was presented by Council person Mr. Morrissey. ORAL PRESENTATIONS Dwayne Eilers, 179 W. 18th Street, spoke regarding a water turn off at 179 W. 18th Street and explained that the water turn off was damaged by Frickson Excavating, and he repaired it himself. He further explained that when the city installed a bike trail they repaired all of the water turn offs and has now received a bill for repairing two water turn offs. Amy Garretson, 519 Lafayette and Cultural and Arts Department employee, spoke regarding the 10th anniversary of the Phelps Youth Pavilion. Bruce Kaesser, 106 E. 3rd Street, explained that in honor of Earth Day it is time to recycle old friendships, renew relationships with family members, and encouraged people to put down guns and do acts of kindness. Jim Chapman, 224 Bertch, explained that he attended the Residents Academy and was impressed with the Police and Fire Departments. David Dryer, 3145 W. 4th Street, explained that he attended the Residents Academy and commented on the firetruck equipped with fire and medical equipment at Station 6 and questioned why that truck is not relocated to a station that is constantly open. He also commented on the amount of money spent on replacing broken garbage cans and stated that residents who break cans should be billed for the replacements. Spencer Jensen, 1129 Byron, proposed a mural project for the city. Mr. Morrissey explained that on April 19, 2018 Taste of`Loo will happen from 5:30 p.m. - 9:00 p.m. followed by a celebration at SingleSpeed Brewery. He also commented that a building located at the intersection of Wellington and W. 2nd Street needs to be torn down as soon as possible because it is in dangerous shape. 146852 - Schmitt/Amos that the above oral comments be received and placed on file. Voice vote-Ayes: Six. Motion carried. CONSENT AGENDA 146853 - Schmitt/Amos that the following items on the consent agenda be received, placed on file and approved: April 16, 2018 Page 2 a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated April 16, 2018, in the amount of$2,866,554.81 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. 2018-245. 2. Resolution approving Order accepting Acknowledgment/Settlement Agreement and check for $300.00 from Neighborhood Mart, 2102 Lafayette Street, Waterloo, Iowa 50703, Sale of Tobacco to Minor, First Offense (new owner). Resolution adopted and upon approval by Mayor assigned No. 2018-246. 3. Resolution approving request of Main Street Waterloo, to hold My Waterloo Days festival from June 6-10, 2018 from 11:00 a.m. to Midnight, including a noise variance and street closures per the attached map. Resolution adopted and upon approval by Mayor assigned No. 2018-247. 4. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as May 3, 2018, and date of public hearing as May 7, 2018, for the FY 2018 Sidewalk Repair Program- Zone 8, Contract No. 948, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2018-248. 5. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as May 3, 2018, and date of public hearing as May 7, 2018, in conjunction with the FY 2018 Bridge and Culvert Repairs, Contract No. 950, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2018-249. 6. Resolution approving preliminary plans, specifications, bid documents, etc. and setting date of bid opening as May 3, 2018, and date of public hearing as May 7, 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. 2018-250. 7. Resolution fixing date for a meeting, April 30, 2018 on the authorization of a loan and disbursement agreement and the issuance of not to exceed $1,700,000 Taxable Sewer Revenue Capital Loan Notes of the City of Waterloo, Iowa, and providing for publication of notice thereof. Resolution adopted and upon approval by Mayor assigned No. 2018-251. 8. Resolution setting a date of public hearing as April 30, 2018 for a request by the City of Waterloo to rezone two lots of 0.50 acres and 0.54 acres for a total of 1.04 acres from"A- 1"Agricultural District to "R-2", One and Two Family Residence District, directly adjacent to 5050 Foulk Road, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2018-252. 9. Resolution setting a date of public hearing as April 30, 2018 for the request by Embankment LLC to rezone 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 located west of 1203 West Ridgeway Avenue, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2018-253. April 16, 2018 Page 3 b. Motion to approve the following: 1 Travel Requests Name & Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. Spencer Jensen, Delivering & Picking up Quincy, IL - April 26-28, $670.00 Facilities Specialist Artwork Memphis, 2018 and Donald Thomas TN I-Ialbmaier, Volunteer b. Cheryl Huddleston, National Public Charleston, April 14-19, April 14- Human Resources Employer Labor SC 2018 19, 2018 Manager Relations Association Annual Training Conference c. Matt Chesmore and Annual Education Anaheim, Anaheim, $6,360.00 Rudy Jones Conference for the CA CA National Environmental Health Association and Healthy Homes Conference 2• Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Expiration Includes Renewal Date Sunday a. Chipotle Mexican Grill, 2825 C Liquor Renewal 5/4/2019 x Crossroads Blvd. w/Outdoor Service b. Dollar General Store#4698, B Wine/ C Beer Renewal 2/28/2019 x 2935 Logan Avenue c. Panchero's Mexican Grill, B Beer w/Outdoor Renewal 3/31/2019 x 2845 Crossroads Blvd. Service d. Sam's Club #6514, 210 E. B Wine/ C Beer/E Renewal 2/28/2019 x Tower Park Drive Liquor e. Yourpie, 126 E. Ridgeway Special C Liquor Renewal 4/5/2019 x Avenue w/Outdoor Service 3. Motion to receive and file the Iowa Public Official Bond for Water Works Trustee R. Scott Wienands. 4. Motion to approve Exception to Burning Yard Waste Application for Hawkeye Community College to burn approximately 7 acres of prairie grass between April 5, and May 10, 2018. 5. Motion to approve Exception to Burning Yard Waste Application for Donald Miller to burn approximately 1.5 acres of prairie grass between April 5, and May 10, 2018. 6. Bonds. Roll call vote-Ayes: Seven. Motion carried. PUBLIC HEARINGS 146854 - Schmitt/Amos that proof of publication of notice of public hearing on FY 2019 One-Year Action Plan for CDBG and HOME Program Funds for the Waterloo/Cedar Falls Consortium, as published in the Waterloo Courier on April 6, 2018, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor Pro Tem called for written and oral comments. April 16, 2018 Page 4 Kelley Felchle, City Clerk, read a comment received from Charla Kinney, 1127 Bourland, commented she would like to see funds used to repair a home on the corner of 9th Street and South Street that was damaged by a fire. Patricia King, Eye of the Needle, 522 Mulberry, explained the services provided by Eye of the Needle. Barbara Grant, Operation Threshold 1535 Lafayette, explained that rental housing is a very large need in the community and thanked the council for any funds they may receive. 146855 - Schmitt/Amos that the hearing be closed and oral comments and written comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 146856 - Schmitt/Amos that "Resolution approving proposed funding recommendations set forth by the Community Development Board for the FY2019 One-year Action Plan for CDBG and HOME Program Funds for the Waterloo/Cedar Falls Home Consortium", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-254. 146857 - Shimp/Morrissey that proof of publication of notice of public hearing on Ridgeway Towers Packaged Terminal Air Conditioner Cooling Unit Project, as published in the Waterloo Courier on April 6, 2018, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor Pro Tem called for written and oral comments. David Dryer, 3145 W. 4th Street, questioned if the city owns Ridgeway Towers. Julie Dawson, Housing Authority Director, explained that the city owns the property and it is managed by the Housing Authority. 146858 - Shimp/Morrissey that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 146859 - 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 the wage rate was listed for a plumber as opposed to an HVAC specialist. Julie Dawson explained why a plumber pay rate was selected. Resolution adopted and upon approval by Mayor assigned No. 2018-255. 146860 - 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. 2018-256. 146861 - Shimp/Morrissey April 16, 2018 Page 5 Motion to receive and file and instruct City Clerk to read bids. Estimate: $90,000 Bidder Bid Security Bid Amount Young Plumbing & Heating Co. 5% $106,440.00 Waterloo, IA WBC Mechanical inc. 5% $166,260.00 Waterloo, IA Dalton Plumbing Heating Cooling, Inc. 5% (Check) $ 92,190.00 Cedar Falls, IA Voice vote-Ayes: Seven. Motion carried. 146862 - Shimp/Morrissey that "Resolution approving award of bid to Dalton Plumbing of Cedar Falls, Iowa, in the amount of $92,190.00, and approving contract, bond and certificate of insurance, in conjunction with the Ridgeway Towers Packaged Terminal Air Conditioner Cooling Unit Project, and authorize the Mayor and Housing Authority Director to execute said documents", be adopted. Roll call vote- Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-257. RESOLUTIONS 146863 - Morrissey/Schmitt that"Resolution approving award of bids to B & B Lawn Care, Inc. of Waterloo, Iowa in the amount of$1,149.50 mowing per occurrence, $1,875.00 weed control per application (Option A) and R& D Lawn Care of Waterloo, Iowa in the amount of $540.00 mowing per occurrence, $240.00 weed control per application (Option B), and $380.00 mowing per occurrence, $240.00 weed control per application (Option C), in conjunction with the FY 18 Waste Water Treatment Plant and Lift Station Mowing, and approving the contracts, bonds and certificates of insurance, 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. 2018-258. 146864 - Morrissey/Schmitt that "Resolution approving Black Hawk County Gaming Association Grant Application in the amount of$600,000 for the Lincoln Park Improvements Project", be adopted. Roll call vote-Ayes: Seven. Motion carried. Paul Huting, Leisure Services Director, provided an overview of the grant application and the McElroy Trust grant application. He further explained that he is reaching out to other entities for more grant funding. Mr. Schmitt questioned the total projected cost of the project. Paul Huting explained there is approximately one million dollars in grant funds and further explained that the public can provide input at a public information meeting on May 8, 2018 at the SportPlex at 5:30 p.m. Resolution adopted and upon approval by Mayor assigned No. 2018-259. 146865 - Morrissey/Schmitt that "Resolution approving McElroy Trust Grant Application in the amount of $150,000 for the Lincoln Park Improvements Project", be adopted. Roll call vote-Ayes: Seven. Motion carried. April 16, 2018 Page 6 Resolution adopted and upon approval by Mayor assigned No. 2018-260. 146866 - Schmitt/Amos that"Resolution to concur with the determination of the City Planner that the proposed change to the approved site plan for a 15,500 square foot expansion to Advanced Heat Treat Corp, located at 2825 MidPort Boulevard, 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. Resolution adopted and upon approval by Mayor assigned No. 2018-261. 146867 - Schmitt/Amos that "Resolution approving the Economic Development Assistance Contract with Advanced Heat Treat Corp. of Waterloo, Iowa, and the Iowa Economic Development Authority for High Quality Jobs Program-Tax Credit Component incentives, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-262. 146868 - Morrissey/Amos that "Resolution approving award of bid to Aspro, Inc. of Waterloo, Iowa in the amount of $7,168,904.23, and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2018 Street Reconstruction Program (Division I+Alternate A + Divisions II & III), Contract No. 944, and authorize the Mayor and City Clerk to execute said documents", be adopted. 146869 - Jacobs/Shimp To amend by awarding the bid to Croell - Division 1 Base Bid +Alt B (Concrete) + Division 2 & 3, Croell, Inc. of New Hampton, IA in the amount of Alt. B - $7,639,882.61. Mr. Amos commented on the comparison of concrete versus asphalt and he believes the city staff has made an appropriate choice and will not support the amendment. Mr. Morrissey questioned the affect this amendment would have if approved. Eric Thorson, City Engineer, explained that the city attorney would have to comment on whether the amendment is allowable since the contract states the contract would be awarded to the lowest bidder. He further explained the factors that are considered besides the lowest price. Mr. Morrissey commented that he does not support the amendment. Mr. Jacobs commented that the proposed amendment looks out for the taxpayers. Mrs. Klein explained that she will support the amendment. Mr. Amos questioned if other costs will be associated with switching from asphalt to concrete. Eric Thorson explained that asphalt and concrete have a relative same life span, asphalt has a lower maintenance cost, and asphalt is cheaper to rehab than concrete. Mr. Amos questioned where Mr. Jacobs is receiving his data from. Mr. Jacobs explained his research includes several articles and a conversation with a former IDOT official. Mr. Amos reiterated his reasons to not support the amendment. Mr. Schmitt commented that it boils down to each community's preference. April 16, 2018 Page 7 Mr. Morrissey commented that the approved budget was based on the dollar and not percentages; he also commented that the highly traveled Highway 218 north towards Mason City is asphalt and it remains very smooth. He further commented that approving this amendment would go against state law with regard to lowest bid and would also not follow minority employment compliance requirements. Rudy Jones, Community Development Director, explained contract compliance and stated that he would not recommend awarding the bid to Croell as they did not submit the form stating that they would offer contract work to minorities, which is a required form. Mrs. Klein requested Mayor Pro Tem remind council to not address councilmembers motives when commenting on agenda items. Milt Dakovich, 1967 Kittyhawk Drive, President of Aspro, Inc., explained that asphalt is a structurally equal alternate and commented on the integrity of asphalt structures over 30 years old. Mr. Schmitt questioned the sublevel compacting compared to concrete. Mr. Dakovich explained that more than 90% of the asphalt streets in Waterloo are drain tiled, all have a rock base. Mr. Jacobs questioned why the Croell bid was coming to council if it could not be considered. Kelley Felchle, City Clerk provided additional information to the bid letting process, department recommendation of award. Mr. Amos questioned the validity of the amendment if the Croell bid did not meet requirements. Mr. Morrissey requested Mr. Jacobs withdraw the amendment. Mr. Jacobs withdrew the amendment and requested discussion on the bid and award process in a different forum. Mayor Pro Tem Juon concurred and suggested a work session. Forrest Dillavou, 1725 Huntington Road, commented that he believes concrete is a better product. Sam Neill, 514 Kingbard Blvd., explained that concrete is a longer lasting product and noted that asphalt in front of his home has deteriorated. 146870 - Klein/Jacobs To reject the bids received and reopen the bidding process. Roll call vote-Ayes: Two. Nays: Five. (Morrissey, Shimp, Amos, Schmitt, Juon). Motion failed. Eric Thorson explained bid process and a project delay of approximately 30 days. Mrs. Klein encouraged the proposed amendment to allow more bidders to step forward. Mrs. Juon questioned if the current process was closed to other bidders. Eric Thorson explained the advertising process including the plan rooms that the project specifications are sent to and that the plan rooms cover the state of Iowa, Midwest, and country. Mr. Morrissey questioned if when the packet was sent out, did it include both asphalt and concrete. Eric Thorson explained that the plans and specifications were sent out for both concrete and asphalt. Mrs. Klein explained why she wants the bid reopened. Mr. Schmitt questioned if reopening the project to new bids would put the current bidders at a disadvantage because their bids are now public. April 16, 2018 Page 8 Dave Zellhoefer, City Attorney, explained that rebidding the project will not change who will get the opportunity to bid and recommended voting on the contract award. Mr. Morrissey commented that Aspro followed the bid requirements and was the low bidder and should be awarded the bid, and he will not support rebidding the project. Bruce Kaesser, 106 E. 31d Street, commented that he is in support of concrete. John Sherbon, 1715 Robin Road, commented on the minority requirements. Josh Wilson, 170 SE Kellerman Lane, Waukee, IA, commented on the legality of rejecting Aspro's award, and their ability to rebid. He further commented on how bad the roads are in Waterloo and the level of confusion on this issue. Todd Obadal, 124 Amity Drive, commented on his concerns about the bidding process the city follows, Roberts Rules of Order, and that the item should be tabled. 146871 - Morrissey/Shimp to call the question. Voice vote-Ayes: Seven. Motion carried. 146872 - Morrissey/Amos that "Resolution approving award of bid to Aspro, Inc. of Waterloo, Iowa in the amount of $7,168,904.23, and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2018 Street Reconstruction Program (Division I + Alternate A+ Divisions II & III), Contract No. 944, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Four. Nays: Three. (Shimp, Klein and Jacobs). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-263. 146873 - Shimp/Morrissey that "Resolution approving agreement with Iowa Heartland Habitat for Humanity for sanitary sewer extension in conjunction with the 1600 block of W. 6th Street in the FY 2018 Street Reconstruction Program, Contract No. 944, and authorize the Mayor and City Clerk to execute said document be adopted. Roll call vote-Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned if this property was sold to Habitat for Humanity then why is the city paying for infrastructure at tax payer's expense. Eric Thorson explained that this agreement is for Habitat for Humanity to pay for the sewer extension. Resolution adopted and upon approval by Mayor assigned No. 2018-264. 146874 - Shimp/Morrissey that "Resolution approving Professional Service Agreement with Ament Design of Cedar Rapids, Iowa, in an amount not to exceed $40,000, in conjunction with the Progress Avenue and Greenhill Road Intersection Traffic Signals and Geometric Improvements, and authorize the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Jacobs requested an overview. Sandie Greco provided an overview of the design project. Resolution adopted and upon approval by Mayor assigned No. 2018-265. 146875 - Shimp/Morrissey that "Resolution approving a Professional Services Agreement with Ament Design of Cedar Rapids, Iowa in the amount of$36,907.20, in conjunction with the Ansborough Avenue pavement widening from Black Hawk Road north 0.1 miles to Downing Avenue, IDOT Project Number STP-A- April 16, 2018 Page 9 8155(757)-86-07, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Four. Nays: Three (Jacobs, Klein, and Schmitt). Motion carried. Mr. Jacobs requested an overview of the item. Mohammad Elahi, Traffic Engineer, provided an overview of the item. Discussion took place on the process to ascertain the impact of business owners both prior to and during the design process. John Sherbon, 1715 Robin Road, commented on the flaws currently in the design of the road. David Dryer, 3145 W. 4th Street, questioned if the Tuffy's business owner and residents in the area have had ongoing communication with city staff. Todd Obadal, 124 Amity Drive, commented that staff should have conversations with business owners and residents prior to committing to design work. Mr. Shimp asked if voting yes on this item automatically widen the road. Noel Anderson explained this does not, and the action to widen the road would come before council at a later time. Resolution adopted and upon approval by Mayor assigned No. 2018-266. 146876 - Morrissey/Amos that "Resolution approving Convention and Visitors Bureau Board recommendation for funding a Hotel/Motel Mini-Grant application, in the amount of $2,530 in conjunction with the ISMA Bench/Bar Conference", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-267. 146877 - Morrissey/Amos that "Resolution approving Convention and Visitors Bureau Board recommendation for funding a hotel/motel Mini-Grant application in the amount of $2,501 in conjunction with the Iowa Water Environment Association Conference", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-268. 146878- Morrissey/Amos that "Resolution approving Iowa Department of Natural Resources Wastewater Disposal System Construction Permit Application Fee Form and Construction Permit Application Schedule A, General Information for the FY 2019 Brock 3rd Addition Sanitary Sewer Extension, Contract No. 954, and authorizing the Mayor to sign said application", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-269. ORDINANCES 146879 - Shimp/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 on certain property, located south of 720 N. Elk Run Road", be received, placed on file, considered and passed for the third time and adopted. Roll call vote-Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5449. OTHER COUNCIL BUSINESS April 16, 2018 Page 10 146880 - Morrissey/Amos that motion authorizing approval of not to exceed amount of $40,000 for estimated quantity adjustments for FY2018 Waterloo Boathouse Enhancements Contract 4 940, be received, placed on file and approved. Voice vote-Ayes: Seven. Motion carried. ADJOURNMENT 146881 - Shimp/Morrissey that the Council adjourn at 7:52 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felcbfi City Clerk