HomeMy WebLinkAboutMinutes-July 02, 2018 July 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, July 2, 2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs,
Morrissey, Shimp, Klein, Amos, and Schmitt. Absent: Juon.
Prayer or Moment of Silence.
Pledge of Allegiance: Kelley Felchle, City Clerk
146221- Schmitt/Amos
- that the Agenda, as proposed, for the Regular Session on Monday, July 2, 2018, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Seven. Motion carried.
146222 - Schmitt/Amos
that the Minutes, as proposed, for the Regular Session on Monday, June 25, 2018, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
Jerri Thornsberry, 704 Sheridan Road, commented that she believes the council treated the non-
bargaining employees poorly when they voted to give a pay raise to these employees that was less
than what was accounted for in the adopted budget. She explained that this is counter to what
happens in the private sector and questioned what governance model the council is using to help
guide their decision making. She questioned if the council has considered the impact on staff morale
and stated that she is impressed with the professionalism and hard work of the non-bargaining staff.
Dwayne Eilers, 179 W. 18th Street, commented that he received another harassing notice from the
city giving him a citation for code violations on his property and believes he is being singled out. He
also stated that he will be filing a lawsuit against the city at the end of the July.
Logan Buckley, 214 Highland Blvd., commented that he was at an auction on Saturday where
Councilmember Klein was in attendance and shared what the councilwoman stated regarding fellow
Councilmember Pat Morrissey. He stated that council should be cautious when using violent and
threatening language.
Chris Schwartz, Black Hawk County Supervisor and 214 Highland Blvd., commented that he heard
the statements made by Councilmember Klein and would swear under oath to what he heard.
John Sherbon, 1715 Robin Road, commented that the city council has a problem and that this is not a
court room and people should not be allowed to stand up and spread hearsay.
Jim Chapman, 224 Bertch, commented that he did not believe names were supposed to be mentioned
during meetings and that the city is here for city business and not what happened at an auction.
Bruce Kaesser, CRC Apartments, commented that he hopes everyone takes a deep breath and can be
respectful to one another.
David Dryer, 3145 W. 4th Street, commented that he has concerns about four items on the Finance
Committee agenda.
Forest Dillavou, 1725 Huntington Road, commented that he does not appreciate that the rules are
unevenly enforced for who can and cannot address members of council or staff directly.
Jessica Young, 318 W. 3rd Street, expressed concern regarding comments made during meetings.
Kaitlin Kapple, 3221 SW Townpark Circle, Ankeny, IA, explained her concern for her father's
safety following the threatening comments.
Todd Obadahl, 124 Amity Drive, commented that the council should be addressing city business
rather than spending much time on opinions of hearsay.
146223 - Schmitt/Shimp
July 2, 2018 Page 2
that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion
carried.
CONSENT AGENDA
146224 - Schmitt/Amos
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 July 2, 2018, in
the amount of$2,080,357.24, 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. 2018-485.
2. Resolution canceling the regular city council meeting of July 23, 2018 and scheduling a
regular city council meeting for July 30, 2018.
Resolution adopted and upon approval by Mayor assigned No. 2018-486.
3. Resolution approving request to certify assessments to properties for work performed by the
Waterloo Water Works, together with recommendation of approval by the Waterloo Water
Works Board of Trustees. Addresses and amounts to certify: 620 Fowler Street- $2,865.00,
409 Independence Avenue - $3,250.00, 636 Hickory Street- $1,564.00.
Resolution adopted and upon approval by Mayor assigned No. 2018-487.
4. Resolution approving request from Iowa Heartland Habitat for Humanity for a waiver for a
concrete driveway located at 713 Eureka Street 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. 2018-488.
5. Resolution approving request from K. Cunningham Construction Co, Inc. for a variance to
the Noise Ordinance to allow for saw cutting of newly placed concrete on University Avenue
from Greenhill Road to Evergreen Street, for a 24 hour a day operation from June 25, 2018 to
December 31, 2018.
Resolution adopted and upon approval by Mayor assigned No. 2018-489.
6. Resolution approving request from the Iowa Department of Transportation, District 2 Office,
for a variance to the Noise Ordinance for twenty-four hour construction to U.S. Hwy 63
located between Franklin and Newell Streets from July 2, 2018 to December 31, 2019.
Resolution adopted and upon approval by Mayor assigned No. 2018-490.
7. Resolution approving request from Joseph Meany for a waiver for a concrete driveway
located at 1500 Maynard Avenue with the elimination of the sidewalk section due to the
inability to meet grade requirements.
Resolution adopted and upon approval by Mayor assigned No. 2018-491.
8. Resolution approving request from Gary Miller for a waiver for a concrete driveway located
at 206 Bishop Avenue with the elimination of the sidewalk section due to the inability to
meet grade requirements.
Resolution adopted and upon approval by Mayor assigned No. 2018-492.
9. Resolution setting a date of public hearing as August 6, 2018 to approve Amendment No. 5
to the Northeast Industrial Area Urban Renewal and Redevelopment Plan to expand the
July 2, 2018 Page 3
boundaries, update projects to include additional projects, financial information and other
general updates to the Plan, setting date of consultation with taxing entities for July 17, 2018,
and instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2018-493.
10. Resolution setting a date of public hearing as July 16, 2018 to authorize the sale and
conveyance of 1.5 acres of City owned property for$1.00 commonly known as the former
Logan Plaza area, and enter into a Development Agreement with Avita Developments, LLC,
for the construction of a 5,300 sq. ft. medical office expansion with a minimum value of$1.1
million added to existing value, and 5 years at 50%tax rebates.
Resolution adopted and upon approval by Mayor assigned No. 2018-494.
b. Motion to approve the following:
1' Travel Requests
Name & Title of Amount
Personnel Class/Meeting Destination Date(s) not to
Exceed
a. Lt. McGeough and NTOA National Tactical Milwaukee, September $2,544.00
Sgt. Richter Officers Association WI 16-21, 2018
Conference
b. P.O.'s Tindall and Firearms Instructor Johnston, IA July 30- $3,580.00
Moore School August 3,
2018 and
August 6-
10, 2018
c. Sgt. Schuster Women in Command Waterloo, IA Waterloo, $329.00.
IA
d. Sgt. Monroe First Line Supervisor Johnston, IA July 16-20, $1,330.00
School 2018
e. Angie Fordyce, HOME Basics Course Woodstock, IL July 15-18, $1,200.00
Coordinator 2018
f. Mayor Quentin Hart Iowa League of Cities Council Bluffs, September September
Annual Conference IA 11-14, 2018 11-14,
2018
g. John Dornoff, National Alliance of Des Moines, July 17-22, $1,223.00
Planner I Preservation IA 2018
Commissions Forum
2018
2• Approved Beer, Liquor, and Wine Applications
Name &Address of Business Class New or Expiration Includes
Renewal Date Sunday
a. Amigo Mexican Restaurant, C Liquor Renewal 2/28/2019 x
1415 E. San Marnan Drive w/Outdoor Service
b. Benevolent&Protective C Liquor Renewal 6/30/2019 x
Order of Elks #290, 407 E. w/Outdoor Service
Park Avenue and Catering
c. Dad's Pub, 1106 La Porte C Liquor Renewal 6/30/2019 x
Road w/Outdoor Service
d. Guddi MaA-34� EIS New 5/19/2019 x
�e�tte
e. Gitdd-i Mai , 066-By-reit B Wine r New c1,o�1 �
A-,�
f. Lighthouse Lounge, 1307 W. C Liquor Renewal 6/28/2019 x
5th Street
g. National Dairy Cattle C Liquor Renewal 2/28/2019 x
Congress, 250 Ansborough w/Outdoor Service
July 2, 2018 Page 4
Avenue
h. Olive Garden Restaurant C Liquor New 5/28/2019 x
#1489, 1315 E. San Marnan
Drive *Ownership Update*
i. Old Skool Lounge, 120 C Liquor Renewal 7/5/2019 x
Sumner Street w/Outdoor Service
j. Spicoli's Reverb, 3555 C Liquor New C Liquor x
University Avenue w/Outdoor Service w/Outdoor
Service
3. Cigarette/Tobacco Permit New Application for R&H Entertainment dba Broken Record, 315 W. 4th
Street.
4. Cigarette/Tobacco Permit New Application for Snack Shack, 4335 Texas Street.
5. Cigarette/Tobacco Permit New Application for Affluent Corporation/King Star, 2035 E. Mitchell
Avenue.
6. Motion to receive and file the Iowa Public Official Bond for Waterloo Water Works Trustee Member
Mary Potter.
Clerk TT Waste Management Tlv,...,,tfne,-.+ o��e4iye Wy 23 'x01 4
� o �
8. Bonds.
Mr. Shimp asked that item 1.13.7 and 1.B.2.d and 1.13.2.e be considered separately.
Roll call vote-Ayes: Six. Motion carried.
146225 - Shimp/Morrissey
Recommendation of appointment of Laura Winninger, from the Civil Service list, to the position of
Clerk II, Waste Management Department, effective July 23, 2018. Roll call vote-Ayes: Six. Motion
carried.
Steve Hoambrecker, Waste Management Services Director, provided an overview of the position.
146226 - Amos/Morrissey
Motion to approve:
Guddi Mart, 306 Byron Avenue E Liquor New 5/19/2019 x
Mohsin Ansar, 306 Byron Avenue, provided an overview of his business and explained that they have
security measures in place to help prevent criminal activity.
Missy Denning, 1007 Baltimore Street, explained that she enjoyed having Hy-Vee at this location but
does not believe another liquor store is needed in their neighborhood
Lorraine Axtell, 909 Bayard, commented that she has lived in her neighborhood for years and
commented that she does not want to see liquor sold at that location.
Bruce Kaesser, CRC Apartments, commented.that this business needs a chance to prove themselves.
Mohsin Ansar commented that he is a grocery store that is going to carry alcohol on a limited basis in
a separate room. He explained that they plan to eventually open a deli but that for now they will have
grocery items. He commented that people living in the nearby apartments are low income without cars
and need the ability to purchase products.
Mayor Hart questioned if there has been any dialogue between Mr. Ansar and the neighbors.
July 2, 2018 Page 5
Mr. Ansar commented he would welcome the opportunity to meet with the neighbors.
Carole Gustafson, 209 Forest Avenue, President, West Central Neighborhood Association, commented
that she is in favor of having a grocery store but not the accessibility of liquor.
Cheryl Peterson, 922 Byron, commented that her walking path goes past the store and when it was a
Hy-Vee she felt safe walking past the store but when the store changed ownership she changed her
route because she did not feel safe. When the business closed she walked past the closed store but has
concern that the neighborhood will no longer be safe.
Reverend Ed Loggins, IJI, 233 Oliver, commented on his experience with having a liquor store
allowed in his residential neighborhood.
Jim Chapman, 224 Bertch commented that he has lived in the neighborhood for 54 years and his
personal knowledge of how crime affected the previous owner.
Judy Ciesielski, 210 Williston, read a letter from Gloria Little, 822 Baltimore, explaining that most
neighbors are opposed to having access to liquor in their neighborhood, and thay any reduction in
recent crime is only because the building has been vacant.
Mohsin Ansar commented on his business plan for safety and that he has,met all the requirements
needed to open his business.
Mr. Shimp commented on the process for approving the convenience store that Reverend Loggins
referred to in his comments.
Mr. Morrissey questioned the difference between liquor store and a grocery store.
Noel Anderson, Community Planning and Development Director, commented that a liquor store is
unlimited use with liquor while a grocery store has requirements for the amount of floor space and
sales that go towards alcohol sales.
Mr. Morrissey questioned if Hy-Vee sold alcohol.
Noel Anderson confirmed.
Mr. Morrissey questioned the proposed hours of operation and what kind of cameras they will have
and where they will be positioned.
Mohsin Ansar explained the hours of operation would be 7:00 a.m. to 10 p.m. and may stay open as
late as 11:00 p.m. He explained the camera coverage for inside and outside the building.
Mr. Morrissey questioned if the requirements have been met to be licensed for both licenses.
Kelley Felchle, City Clerk, confirmed all requirements have been met.
Mr. Morrissey questioned if the license is denied
Kelley Felchle explained that if council should deny one or both of the licenses, the Alcoholic
Beverages Division will grant a right to appeal and holds a hearing to determine if the denial should be
upheld or overturned. She further explained that it is typical that the denial would be overturned if all
requirements had been met.
Mr. Morrissey commented that he would like to see a Kimball Avenue overlay district established.
Noel Anderson explained that the city currently has four overlay districts and the matter is on the
Planning and Zoning agenda for July to expand the Church Row overlay district, which would include
the commercially zoned property on Byron.
Mr. Amos questioned who monitors the percentage of the establishment's sales.
Noel Anderson explained that Police Department problems in the area trigger an inspection into the
business.
July 2, 2018 Page 6
Mr. Amos questioned the impact on Mr. Ansar's business if the hard liquor license is not approved.
Mohsin Ansar explained that it would impact his business.
Mr. Schmitt commented that he supports a meeting between the neighborhood association and
questioned if Mr. Ansar would be open to running his grocery store without selling liquor.
Mohsin Ansar confirmed he would, though reiterated the effort and cost he has put forth to meet the
requirements.
Mr. Schmitt asked that Mr. Ansar speak to his experience in running grocery stores.
Mohsin Ansar provided an overview of his experience.
Mr. Schmitt questioned how much money they have invested in the business.
Mohsin Ansar stated that they have invested $185,000.
Mr. Shimp commented that he does not support the item, that the neighborhood has expressed that
they do not want alcohol sales at the location, that criminal activity was high when alcohol was sold
prior at the location. He further read a study he researched that links alcohol sales with increased
criminal activity.
Mr. Amos questioned the cost to defend a denial of a liquor license.
Dave Zellhoefer, City Attorney, commented that there is not a filing fee or court cost but the actual
cost is the Legal Department's time defending.
Mr. Morrissey read the reasons why he would vote in favor of the item.
Roll call vote-Ayes: One. Nays: Five (Jacobs, Shimp, Klein, Amos, and Schmitt). Motion carried.
146227 - Schmitt/Amos
Motion to approve:
Guddi Mart, 306 Byron Avenue B Wine/ C Beer New 15/19/2019 x
Roll call vote-Ayes: Five. Nays: One (Shimp). Motion carried.
RESOLUTIONS
146228 - Morrissey/Shimp
that "Resolution approving Otto Schoitz Foundation Grant Application in the amount of$200,000
for the Lincoln Park Improvements Project", be adopted. Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-495.
146229 - Morrissey/Shimp
that"Resolution approving installation of two (2) 25 MPH speed humps in the 3800 and 3900 blocks
of Memory Lane", be adopted. Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-496.
146230 - Morrissey/Shimp
that "Resolution accepting the award of a $500 Certified Local Government Grant from the
Department of Cultural Affairs for attendance at the 2018 National Alliance of Historic Preservation
Commissions Conference on July 18, 2018 through July 22, 2018 in Des Moines, Iowa, and
July 2, 2018 Page 7
authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes:
Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-497.
146231 - Schmitt/Amos
that "Resolution approving a request by CGA Engineering on behalf of 30 Something Real Estate,
LLC, for the preliminary plat of 10.02 acres for Magnolia Hills to allow for the development of a
twelve (12) lot residential subdivision, located adjacent to and northwest of 1900 Westchester
Road", be adopted. Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-498.
146232 - Schmitt/Amos
that "Resolution approving an agreement with the Chicago, Central and Pacific Railroad Company
for the reconstruction of the Airport Boulevard at-grade surface crossing, with the City's share of the
cost totaling $28,613, and authorize the Mayor to execute said agreement", be adopted. Roll call
vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-499.
146233 - Schmitt/Amos
that "Resolution approving Contract Modification No. 40 for a net increase of $23,100 in
conjunction with the Highway 63 Downtown Couplet Reconstruction Project", be adopted. Roll call
vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-500.
146234 - Shimp/Schmitt
that "Resolution approving a variance to the requirements of the Subdivision Ordinance in Section
11-3-2(C) preliminary plat approval as it relates to the approval of the preliminary and final plat of
Magnolia Hills Residential Subdivision", be adopted. Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-501.
146235 - Shimp/Schmitt
that "Resolution approving a request by CGA Engineering on behalf of 30 Something Real Estate,
LLC, for the final plat of 10.02 acres for Magnolia Hills to allow for the development of a 12 Lot
Residential Subdivision located adjacent to and northwest of 1900 Westchester Road", be adopted.
Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-502.
OTHER COUNCIL BUSINESS
146236 - Amos/Schmitt
that Change Order No. 1 for a net increase of$65,900.00 in conjunction with the FY 2018 Bridge
and Culvert Repairs Project, Contract No. 950, and authorize the Mayor and City Clerk to execute
said document, be received, placed on file and approved. Voice vote-Ayes: Six. Motion carried.
Jamie Knutson, Interim City Engineer, provided an overview of the item.
ADJOURNMENT
146237 - Shimp/Morrissey
that the Council adjourn at 7:04 p.m. Voice vote-Ayes: Six. Motion carried.
July 2, 2018 Page 8
Kelley Felch
r'
City Clerk