HomeMy WebLinkAboutMinutes-August 06, 2018 August 6, 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, August 6, 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: Chris Shimp, Ward 5 Council Member
146351 - Juon/Schmitt
that the Agenda, as amended by deleting item number four, for the Regular Session on Monday,
August 6, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Four.Nays: Three
(Klein, Shimp, and Jacobs). Motion carried.
Mr. Morrissey raised a point of order and asked that item number four be ruled out of order and be
deleted from the agenda. He explained his grounds for the item to be ruled out of order due because
a motion to reconsider includes exceptions when the motion cannot be made. Mr. Morrissey
explained that the city has already entered into a 28E Agreement with Hawkeye Community College
and the college has taken steps to carry out the contract.
Mrs. Klein commented that new information has come forward that a councilmember has a conflict
of interest in voting on Hawkeye Community College.
Mayor Hart questioned if the city is liable of incurred costs by Hawkeye Community College.
Dave Zellhoefer, City Attorney, explained that the city could be sued as Hawkeye Community
College has relied on the city and performed on the contract.
Mr. Schmitt explained his reason to reconsider the vote was based on new information received
since the signing of the 28E Agreement.
Mayor Hart commented on the costs incurred by Hawkeye Community College dating back to the
time the 28E Agreement was signed.
Mr. Schmitt commented that the current city ordinance allows for council to reconsider a vote and
suggested a procedural change that notifies all awarded contracts be notified of a waiting period
prior to proceeding.
Mr. Morrissey reiterated the point of order and that a point of order is not debatable.
Mrs. Klein questioned if all of the homes will come for approval of the council and can council
delay voting on future products until the performance of this project are realized.
Dave Zellhoefer explained that Mr. Morrissey is correct on his point of order and confirmed the need
to cease any further discussion until Mayor either confirms or denies the point of order.
Mayor Hart questioned if all future properties have to be approved by the council.
Dave Zellhoefer confirmed.
Mayor Hart requested an overview of the costs to date.
Jane Bradley, Hawkeye Community College, provided an overview of the costs incurred by the
school.
Mr. Schmitt questioned why this item was on the agenda two weeks ago if Hawkeye had already
proceeded with the project.
Mayor Hart explained the two weeks ago was to approve the budget.
Mayor Hart commented that he is ruling the motion and vote out of order and striking the
146352 - Juon/Schmitt
August 6, 2018 Page 2
that the Minutes, as proposed, for the Regular Session on Monday, July 30, 2018, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Nays: Three (Klein, Shimp, and Jacobs). Motion carried.
Proclamation declaring August 7, 2018, as National Night Out.
Proclamation declaring August 12 - 18, 2018, as National Health Center Week.
Recognition of Todd Damro for 30 Years of Service.
ORAL PRESENTATIONS
Bruce Kaesser, CRC Apartments, commented that his term on the ADA Compliance Committee
expires this month and asked that his application be renewed.
David Dryer, 3145 W. 4th Street, commented that engine 311 needs $25,000 worth of repairs and
will be covered by insurance and questioned if engine 306 will be fixed.
Pat Treloar, Fire Chief, explained that the $25,000 will cover needed repairs and maintenance and
insurance will cover$15,000 of the cost.
Sandie Greco explained that the mechanic works on engine 306 as he has time.
Dwayne Ehilers, 1205 1/z Bishop Street, commented that he has been coming to the council meeting
showing properties that have code enforcement violations and stated that the department targets his
properties but does not address violations at other properties. One of the properties is at the corner of
Vinton.and Lafayette.
Leon Mosley, 99 Mosley Street, questioned the standing of item number four. He further stated that
a brand new home was built across the street and people have put money into existing homes in the
neighborhood. Building homes in the neighborhood and property maintenance is going to improve
the value of the existing home stock.
Mayor Hart stated that the item is still approved and the project will proceed.
LaTonya Graves, 607 E. Donald Street and NAACP, explained that it would be beneficial to build
affordable housing on the north side of Waterloo and explained that the code of federal regulations
requires municipalities to offer housing in a fair and equitable manner.
Dr. Franz Whitfield, Pastor for Mt. Caramel Baptist Church, explained that he believes that his
church community supports Hawkeye Community College building a new house on Sumner Street.
Beverly Cosby, 315 Wendell Court, explained that 50 years ago urban renewal came through her
neighborhood to make room for a better community. She explained that they are still waiting for
those improvements to happen, and that she supports building a home at this location and sees it as a
step in the right direction.
Todd Obadal, 124 Amity Drive, questioned when the council would have the opportunity to vote
against housing items and asked that the agenda be made public earlier to allow for more time to
research items. He further stated that the rules of a conflict of interest need to be clarified.
Darrel Coldwell, D&D Construction and 1124 W. Donald Street, explained that many of the
homeowners on the north side are landlords and it is important for homes to be built so that
homeowners can live in these properties. He explained that the program would benefit students.
Mayor and Council monthly report
Mr. Morrissey provided an update on topics discussed at his Ward 3 meeting.
Mrs. Klein commented that she grew up on Phillips Street, 1136 Independence Avenue, and Logan
Avenue and that her life has been on the east side and wants it to prosper. She explained that she is
in favor of development but that she is not in favor of the city getting into the building business.
August 6, 2018 Page 3
Mr. Jacobs explained that he knows a young businessperson in town who has tried to make a movie
about Waterloo, but unfortunately his efforts have not been supported by the community. He
explained that he would like to see his business and movie venture supported.
146353 - Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion
carried.
CONSENT AGENDA
146354 - Juon/Schmitt
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 August 6, 2018, in
the amount of$3,183,927.96, 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. 2018-576.
2. Request from Main Street Waterloo to hold the Iowa Downtown Conference from August
28-30, 2018, including the temporary closure of Sycamore Street between E. 4th Street to
Park Avenue, on Wednesday August 29, 2018 from 2:00 p.m. to 8:30 p.m. for a social event
to include food vendors.
Resolution adopted and upon approval by Mayor assigned No. 2018-577.
3. Request from Devin Dorfman for a variance to the Noise Ordinance on September 29, 2018,
from 3:00 p.m. to 11:00 p.m., in conjunction with a back yard wedding to be held at 115
Hawthorne Street, including amplified music.
Resolution adopted and upon approval by Mayor assigned No. 2018-578.
4. Request from Paul Gahan for a waiver for a concrete driveway located at 151 Lichty Blvd.,
and authorize 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. 2018-579.
5. Resolution setting date of public hearing as August 20, 2018 to approve an amendment to the
City of Waterloo Zoning Ordinance No. 5079 to expand the Alcohol Sales Use Overlay
District and change the requirement for retail area of a grocery store from 10,000 square feet
to 15,000 square feet, and authorize the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2018-580.
6. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date
of bid opening as August 23, 2018 and date of public hearing as August 27, 2018 for the FY
2019 Waterloo Yard Waste Water and Sanitary Sewer Extension, Contract 952, and instruct
City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2018-581.
7. Resolution approving request to-hold MDA Boot Block on August 17, 24 and 31, 2018 and
September 7, 2018 from 3:00 p.m. to 6:00 p.m., at the intersections of Franklin & E. 3rd
Streets, Ansborough& Downing Avenues, LaPorte Road and San Marnan Drive, and
Kimball & Ridgeway Avenues.
Resolution adopted and upon approval by Mayor assigned No. 2018-582.
August 6, 2018 Page 4
8. Request from Downtown Waterloo Urban Farmers Market for street closure of Jefferson
Street from Park Avenue to W. 3rd Street on Saturday August 11, 2018 from 6:30 a.m. to
1:00 P.M.
Resolution adopted and upon approval by Mayor assigned No. 2018-583.
b. Motion to approve the following:
1 Travel Requests
Name & Title of Amount
Personnel Class/Meeting Destination Date(s) not to
Exceed
a. Captain Dave Law Enforcement Leadership Ames, IA September $363.00
Mohlis Series Conference 10-11, 2018
b. Michelle Weidner, League of Cities Annual Council September $285.00
Chief Financial Conference Bluffs, IA 12-14, 2018
Officer
2• Approved Beer, Liquor, and Wine Applications
Name & Address of Business Class New or Expiration Includes
Renewal Date Sunda
a. BP Fuel, 127 Jefferson Street B Native Wine/C Renewal 6/26/2019 x
Beer
b. Bryan's on 4th, 320 E. 4th C Liquor Renewal 7/14/2019 x
Street w/Outdoor Service
and Catering
c. Kwik Star#229, 1717 E. San B Wine/C Beer Renewal 9/24/2019 j x
Marnan Drive
d. Kwik Star 4724, 1105 Cedar B Native Wine/C Renewal 7/21/2019 x
Bend Drive Beer
e. Packers Inn, 201 Rath Street C Liquor Renewal 2/27/2019 x
w/Outdoor Service
3. Bonds.
Roll call vote-Ayes: Seven. Motion carried.
PUBLIC HEARINGS
146355 - Schmitt/Morrissey
that proof of publication of notice of public hearing on Amendment No. 5 to the Northeast Industrial
Area Urban Renewal and Redevelopment Plan,to expand the boundaries and update projects and
include additional projects and update related financial information, and include other general
updates to the Plan, as published in the Waterloo Courier on July 16, 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.
146356 - Schmitt/Morrissey
that the hearing be closed and recommendation of approval of the Planning, Programming and
Zoning Commission. be received and placed on file. Voice vote-Ayes: Seven. Motion carried.
146357 - Schmitt/Morrissey
that "Resolution affirming previous determination of an area of the City to be an economic
development area, determining that the development or redevelopment of said area is necessary in
the interest of the public health, safety or welfare, designating said area as appropriate for an urban
August 6, 2018 Page 5
renewal project, and approving the plan amendment", be adopted. Roll-call vote-Ayes: Seven.
Motion carried.
Noel Anderson, Community Planning and Development Director, provided an overview of the item.
Resolution adopted and upon approval by Mayor assigned No. 2018-584.
146358 - Schmitt/Morrissey
that "an Ordinance providing that general property taxes levied and collected each year on all
property located within the newly expanded Northeast Industrial Area Urban Renewal and
Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for
the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community
School District and other taxing districts, be paid to a special fund for payment of principal and
interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued,
incurred by said City in connection with said urban renewal project", be received, placed on file,
considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried.
146359 - Schmitt/Morrissey
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Zero. Nays: Seven (Jacobs, Morrissey, Shimp, Klein, Amos,
Schmitt, and Juon). Motion failed.
Mayor announced that the public hearing for the maintenance and service contracts for fourteen city
owned buildings has been cancelled due to no bids received.
RESOLUTIONS
Gellege ki the 200 bleek ef Newell Street, at a budget not to exeeed $137,500, and atAher-ize the
Mayer- and City Clerk te sign and fully exeetAe aff neeessar-y deeumei4s", be adopted. RA eall
2018-
146360 - Morrissey/Shimp
that "Resolution approving a request by Great Plains Survey, Inc. on behalf of Brian Kennett and
Michael Dahl, for the preliminary plat of 3.01 acres for the Kenn Dahl First Addition, to allow for
the development of a five (5) lot residential subdivision, located at 4245 West 4th Street", be
adopted. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-585.
146361 - Morrissey/Shimp
that "Resolution approving Professional Services Agreement with Shive-Hattery, Inc. of Cedar
Rapids, Iowa, in the amount of$12,977, for architectural services in conjunction with the City of
Waterloo Traffic Control Center Remodel Project - Iowa DOT Project No. STP-U-8155(755)--70-
07, and authorize Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-586.
146362 - Morrissey/Shimp
that "Resolution approving the revision of the existing Speed Hump Policy to reduce the 85th
percentile speed threshold, for warranting a speed hump, from 35 mph to 32 mph, in the City of
Waterloo, Iowa", be adopted. Roll call vote-Ayes: Seven. Motion carried.
August 6, 2018 Page 6
Resolution adopted and upon approval by Mayor assigned No. 2018-587.
146363 - Amos/Morrissey
that "Resolution approving award of contract to Pirc Tobin Construction, Inc. of Alburnett, Iowa, in
the amount of$520,522.50, and approving the Contract, Bonds, and Certificate of Insurance for the
FY 2019 Brock 3rd Addition Sanitary Sewer Extension, Contract No. 954, 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. 2018-588.
146364 - Amos/Morrissey
that "Resolution approving award of contract to Ultramax Ammunition of Rapid City, South
Dakota, for the Police Department's FY 2019 Ammunition needs as budgeted", be adopted. Roll
call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-589.
146365 - Amos/Morrissey
that"Resolution approving award of contract to RACOM of Waterloo, Iowa, at a cost of$13,311.64,
per squad car, for the FY 2019 Police Squad Car equipment installation", be adopted. Roll call vote-
Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-590.
146366 - Morrissey/Amos
that "Resolution approving a professional services agreement with Fire Recovery USA, LLC, and
authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Two.
Nays: Five (Jacobs, Klein, Amos, Schmitt, and Juon). Motion failed.
Marcia Buttgen, 1510 Lyon Avenue, commented that she does not support the item as the insurance
companies are going to raise the rates of its clients and that she feels that this is double dipping on
the city's part.
Pat Treloar, Fire Chief, explained that the item would allow the city to bill insurance companies for
hazardous cleanup and that it is used by 900 cities in several states.
David Dryer, 3145 W. 4' Street, explained that he has been in contact with the Fire Chief and found
an article in the paper that states that the victim in an accident would get a bill that would be sent to
the insurance company and rates would increase.
Pat Treloar explained the billing for ambulance services is different from billing for fire responses.
Forrest Dillavou, 1715 Huntington Road, commented that he believes his insurance costs will
increase by using this service.
Todd Obadal, 124 Amity Drive, commented that insurance rates will increase with this service.
Mr. Jacobs thanked the Fire Chief for looking for different ways to help increase revenue and after
talking to people in his ward he received many objections to this item. He stated that he will be
voting against the item.
Mrs. Klein explained that she had a lot of contact from people in her ward about this item and that
they feel it is a double tax for Waterloo citizens. She stated that he will be voting against the item.
Mr. Amos stated that his ward does not support the item.
August 6, 2018 Page 7
Mrs. Juon commented that people who contacted her did not support the item. She further stated
that the council has told staff to increase revenue to help reduce taxes. She stated that she will be
voting against the item.
Mr. Shimp requested clarification of the vote.
Kelley Felchle, City Clerk, explained that if council voted against the contract, the ordinance would
also need to be voted down.
Mr. Morrissey requested clarification on how this is considered double dipping.
Pat Treloar commented that the double dipping comment reflects the fact that taxpayers are paying
for the service and then get billed for the service when you have an accident. He further explained
that he reached out to insurance companies to find out if this would increase premiums. Most
insurance policies have some sort of fee or coverage built in to cover this type of cost.
Mayor Hart questioned how billing would be handled for the portion of people that may not have
this type of coverage.
Pat Treloar explained that if no coverage exists, no further collection efforts would take place.
Mr. Morrissey commented that many insurance companies assign percentage of fault and questioned
how that would be handled.
Pat Treloar explained that both the fire response report and police report would be linked for
clarification of the incident but he was unsure of how a shared fault would be handled.
Mr. Morrissey questioned the impact billing based on residency.
Pat Treloar explained that legal counsel has confirmed it is legal to bill based on residency.
Mayor Hart clarified that 50 percent of people already have this type of coverage included in their
policy.
Mr. Jacobs thanked Chief Treloar for his efforts on this initiative.
Resolution adopted and upon approval by Mayor assigned No. 2018-591.
146367 - Morrissey/Amos
that "Resolution approving renewal of Crime and Fidelity insurance effective 9/15/18, in the amount
of$3,663.00", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-592.
ORDINANCES
146368 - Shimp/Amos
that "an Ordinance amending the City of Waterloo Code of Ordinances by adding a new Section 6
Fire Rescue Service Cost Recovery, of Chapter 8 Municipal Finances, Title 1 Administration", be
received, placed on file, considered and passed for the first time. Roll call vote-Ayes: One. Nays:
Six (Jacobs, Morrissey, Klein, Amos, Schmitt, and Juon). Motion failed.
146369 - 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, to approve a request by
Dahlstrom Real Estate for a site plan amendment to the "M-2, P" Planned Industrial District to allow
for the construction of a 200,000 square foot warehouse/office located west of 3050 Wagner Road",
be received, placed on file, considered and passed for the second time. Roll call vote-Ayes: Six.
Abstain: One (Jacobs conflict of interest potential). Motion carried.
August 6, 2018 Page 8
146370 - 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: One Klein. Abstain: One (Jacobs conflict of interest
potential). Motion failed.
OTHER COUNCIL BUSINESS
146371 - Morrissey/Amos
that Change Order No. 1 for a net increase of $36,655 for the Water Pollution Control Facility
Upgrade Instrumentation and Controls Systems Project, Contract 929, be received, placed on file
and approved. Voice vote-Ayes: Seven. Motion carried.
146372 - Morrissey/Amos
that Change Order No. 2 for a net increase of $7,345 for the Water Pollution Control Facility
Upgrade to Instrumentation and Controls Systems Project, Contract 929, be received, placed on file
and approved. Voice vote-Ayes: Seven. Motion carried.
ADJOURNMENT
146373 - Juon/Morrissey
that the Council adjourn at 7:16 p.m. Voice vote-Ayes: Seven. Motion carried.
Kelley Fel tle
City Clerk