HomeMy WebLinkAboutMinutes-September 04, 2018 September 4, 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, September 4, 2018. Mayor Quentin Hart in the Chair. Roll Call:
Jacobs, Morrissey, Klein, Amos, Schmitt, and Juon.
Prayer or Moment of Silence.
Pledge of Allegiance: Jerome Amos, Ward 4 Council Member
146454 - Juon/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, September 4, 2018, at 5:30 p.m.,
be accepted and approved. Voice vote-Ayes: Six. Motion carried.
146455 - Juon/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, August 27, 2018, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Six. Motion carried.
ORAL PRESENTATIONS
Dwane Eilers, 1205 1/2 Bishop Street, approached the podium to speak.
Mayor Hart asked repeatedly that he remove his hat, which he did not.
Mayor Hart stated that Mr. Eilers comments would not be recognized and called for a motion to
recess.
146456 - Amos/Morrissey
to recess at 5:35 p.m. Voice vote-Ayes: Six. Motion carried.
146457 - Amos/Morrissey
to reconvene at 5:41 p.m. Voice vote-Ayes: Six. Motion carried.
Jim Chapman, 224 Bertch, questioned how the water treatment plant is handling the excess rain
that the city has received.
David Dryer, 3145 W. 4th Street, commented that he attended the University Avenue update and
questioned why a roundabout would be placed at Fletcher and did not get a definitive answer on why
cities on the east coast are removing roundabouts. He explained that the Courier published an article
stating that the city would not include roundabouts as part of the project.
Mayor Hart explained the progression of the project.
John Wheeler, 929 Home Park Blvd.,thanked the Forestry Department for being proactive at
taking down a hazardous Ash Tree for his neighbor.
Mr. Morrissey explained that Noel Thornsberry passed away on Saturday and explained that he
was a very smart, intelligent individual who was very interested in local government.
Mrs. Juon congratulated everyone who helped make the fireworks happen on Friday night.
Mr. Schmitt commented that he believes no progress has been made with getting safety cameras
installed throughout the city and requested an overview on where the city is with this initiative.
Mayor Hart asked Sandie Greco and Chief Trelka to provide an update.
Sandie Greco, Interim Public Works Director, explained that they are in the process of getting fiber
installed throughout the city, which is needed to get the cameras installed. She explained that the
project takes time and money and that the city has been able to secure grant funding to help with the
project. She further explained that they are working to install new equipment to create the new
backbone of the technology that is required to get a safety camera program up and running.
September 4, 2018 Page 2
Dan Trelka, Chief of Police, explained that there are several intersections where red light cameras
will be installed within 3 months, and footage from those cameras will be accessible for
investigations. He further explained that he has been working with the Mayor to discuss the
possibility of modifying the video camera ordinance as it applies to private businesses.
Mayor Hart questioned if the safety cameras that Sandie's department is ilistalling would be capable
of helping to solve situations the city is currently dealing with.
Dan Trelka confirmed that the cameras would be used to help resolve crimes.
Mr. Amos commented that individuals in Ward 3 and Ward 4 would like to see cameras in their
areas.
Mrs. Juon commented she was still confused between the red light cameras and Sandie's cameras
and suggested that some of the public may have the same level of confusion.
Mayor Hart commented on Dubuque's camera system throughout their community. He explained
the benefits of having a highly sophisticated camera system and stated that Waterloo's camera
system will be one of the best technologically advanced systems in the entire state of Iowa.
Mr. Schmitt questioned if Mediacom is involved in helping with public safety.
Dan Trelka explained that Mediacom does help with the pole cameras but there is an annual cost
involved.
Jamie Knutson, Interim City Engineer, provided an update on proactive flood prevention efforts.
He explained that the Cedar River is predicted to crest at 16.7 feet on Wednesday.
Mayor Hart commented that the Army Corps provides a list of areas to look at a particular time in
these instances.
Sandie Greco, Public Works Director, explained that Shaulis Road is open by the casino and that
the city is making sandbags in case anyone needs them. A public sandbag filling station is set up
outside the public works building as well.
Mr. Schmitt requested an explanation of the water backing up out of the sewer system in the
Audubon neighborhood.
Jamie Knutson explained that too much water is coming in and the pipes are not capable of
handling the large amount of water falling at a fast rate.
146458 - Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote-Ayes: Six. Motion
carried.
CONSENT AGENDA
146459 - 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 September 4,
2018, in the amount of$2,564,039.49, 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. 2018-656.
2. Resolution setting a date of public hearing as September 17, 2018, to approve the request by
Deer Creek Development for a site plan amendment to the "M-2,P" Planned Manufacturing
September 4, 2018 Page 3
District for lot layout located west of 3301 Greyhound Drive, and instruct City Clerk to
publish said notice
Resolution adopted and upon approval by Mayor assigned No. 2018-657.
b. Motion to approve the following:
1. Travel Requests
Name & Title of Amount
Personnel Class/Meeting Destination Date(s) not to
Exceed
a. P.O. Ehlers Gangs in our Dubuque, IA September 19, $115.00
backyard 2018
b. P.O. Watson Crime Scene Raymond, IA September 24-28, $250.00
Investigation Class 2018
c. Cheryl Huddleston, IAPELRA Fall Johnston, IA September 12-13, $184.00
Human Resource Conference (Iowa 2018
Manager Public Employer
Labor Relations
Association)
2• Approved Beer, Liquor, and Wine Applications
Name &Address of Business Class New or Expiration Includes
Renewal Date Sunday
a. Longhorn Steakhouse#5374, C Liquor Renewal 8/31/2019 x
1425 E. San Mannan Drive
b. Red Lobster 46267, 941 E. C Liquor Renewal 7/27/2019 x
San Maman Drive
c. Fairfield Inn& Suites, 2134 B Wine/ C Beer Renewal 9/30/2019 x
LaPorte Road
d. Mama Nick's Circle Pizzeria, C Liquor Renewal 9/9/2019 x
1934 Washington Street
e. Newton's Paradise Cafe', 128 B Native Wine/C Renewal 9/17/2019 x
E. 4th Street Liquor w/Outdoor
Service/ Catering
Privilege
f. West Side Liquor, 919 W. B Wine/ C Beer/E Renewal 9/20/2019 x
5th Street Liquor
3. Mayor Hart's recommendation of the following appointments:
Appointee Board/Commission Expiration New or
Date Re-Appointment
Steve Trost Planning, Programming & 9/4/2021 New
Zoning Commission
4. Cigarette/Tobacco Permit New Application for Kwik Star#1004, Ill E. Donald Street.
5. Bonds.
Roll call vote-Ayes: Six. Motion carried.
RESOLUTIONS
146460 - Juon/Morrissey
that "Resolution approving filling the Ward 5 vacancy by special election", be adopted. Roll call
vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-658.
September 4, 2018 Page 4
146461 - Schmitt/Jacobs
To fill by appointment. Roll call vote-Ayes: Two. Nays: Four (Morrissey, Klein, Amos, and Juon).
Motion failed.
Mr. Schmitt explained that the appointment process would cost less than the special election and
would place an individual in the position faster.
Grant Veeder, County Auditor, provided an explanation of the options and subsequent timeline
allowed by law.
Mr. Schmitt questioned the timeline if council should chose to fill the position by appointment.
Grant Veeder explained the council could chose to fill by appointment at their discretion, however
the appointee could not continue to serve, if a petition for a special election is filed.
Mrs. Juon commented that several wonderful people have stepped forward to offer to be appointed
but that she has met with individuals of Ward 5 that want to have a special election. She further
stated that she supports a special election.
Mr. Amos commented that the council had an opportunity to have an election on November 6 with
no cost to the taxpayers. He explained that he does not support the amendment.
Mr. Morrissey commented that an individual contacted the city about filing a petition if the council
chooses an appointment and citizens have expressed frustration that the election would not happen
on November 6. He explained that the voters want an election and that he does not support the
amendment.
Marcia Buttgen, 1510 Lyon Avenue, explained that she was disappointed that the council did not
want to have the election on November 6 and that it seems that it may be difficult for the council to
make a choice now. She explained that during the budget the council talked about cutting the budget
and that now the council wants to spend $6,000 to $12,000 on an election.
Grant Veeder explained that the deadline to file papers is November 16.
146462 - Schmitt/Amos
that "Resolution accepting a grant from the Black Hawk County Gaming Association in the amount
of $600,000 in conjunction with the Lincoln Park Improvements project", be adopted. Roll call
vote-Ayes: Six. Motion carried.
David Dryer, 3145 W. 4th Street, questioned the improvements and what it will cost the city.
Paul Huting, Leisure Services Director, briefly described the improvements and commented that the
city's portion would be $40,000 of the total project cost of$980,000.
Mayor Hart questioned if public meetings have been held.
Paul Huting confirmed that the preliminary plans had been presented at the public meeting and also
on the city website.
Resolution adopted and upon approval by Mayor assigned No. 2018-659.
146463 - Schmitt/Amos
that "Resolution accepting the Iowa Department of Transportation's Office of Aviation grant with
Contract No. 20601, and Project No. 9-I-190-ALO200 for the FY 2019 Commercial Service Vertical
Infrastructure program for improvements to the General Aviation T-Hangar rows A-B-C, and Airline
Passenger Terminal Improvements (carpeting and lighting), and authorize the Mayor and City Clerk
to execute said document", be adopted. Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-660.
September 4, 2018 Page 5
146464 - Schmitt/Amos
that "Resolution approving a lease agreement with C & S Car Company for a 2019 Hyundai Santa
Fe, VIN No. 5NMS33ADOKH005480, to be used by the School Resource Officers, for a six (6)
month period at no cost to the City, and authorize the Mayor to execute said agreement", be adopted.
Roll call vote-Ayes: Six. Motion carried.
Mr. Jacobs questioned how the city thanks the company for their generosity.
Dan Trelka, Chief of Police, explained that he has personally thanked the company.
Mayor Hart asked Chief Trelka to work with Wendy Bowman for a more formal acknowledgment of
their generosity.
Resolution adopted and upon approval by Mayor assigned No. 2018-661.
146465 - Morrissey/Amos
that "Resolution awarding the FY 2019 Waterloo Yard Waste Water and Sanitary Sewer Extension,
Contract 952, to Lodge Construction, Inc. of Clarksville, Iowa, in the amount of $242,253, and
approving the contract, bond and certificate of insurance, 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. 2018-662.
146466 - Morrissey/Amos
that "Resolution approving Acceptance of Improvements of the Audubon Hills First Addition,
performed by Dave Schmitt Construction Company of Cedar Rapids, Iowa, and receive and file two-
year maintenance bonds", be adopted. Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-663.
146467 - Morrissey/Amos
that "Resolution approving award of hotel/motel tax council discretionary funds to the Waterloo
Leisure Services SportsPlex in the amount of $11,580, for marketing, and to Waterloo Leisure
Services in the amount of $12,390, for an event shuttle", be adopted. Roll call vote-Ayes: Six.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-664.
146468 - Amos/Morrissey
that "Resolution approving the Memorandum of Understanding with INRCOG for the writing,
preparation, and submittal of the Iowa Department of Transportation R.I.S.E grant to improve access
for the former Weissman Steel Site near the Hwy. 63 and University Avenue intersection, and
authorize the Mayor and City Clerk to execute any necessary documents", be adopted. Roll call
vote-Ayes: Six. Motion carried.
John Sherbon, 1715 Robin Road, commented that he believes that the ground at this location would
be polluted and questioned why the city would want to place another road at this location.
Mrs. Juon commented that she checked with the city attorney and does not have a conflict of interest
when voting for this item as she is no longer employed by INRCOG.
Resolution adopted and upon approval by Mayor assigned No. 2018-665.
146469 - Amos/Morrissey
that "Resolution approving the Memorandum of Understanding with INRCOG for the writing,
preparation, and submittal of the Iowa Department of Transportation R.I.S.E grant for the Cedar
September 4, 2018 Page 6
Valley Crossing Development near the intersection of Hwy. 63 and Hwy. 20, to provide an extension
of Mamie Avenue, and authorize the Mayor and City Clerk to execute any necessary documents", be
adopted. Roll call vote-Ayes: Six. Motion carried.
Mrs. Juon commented that she checked with the city attorney and does not have a conflict of interest
when voting for this item as she is no longer employed by INRCOG.
Resolution adopted and upon approval by Mayor assigned No. 2018-666.
146470 - Amos/Morrissey
that"Resolution approving award of bid for Janitorial Services to Midwest Janitorial Service, Inc., in
the amount of $7,154.00/month, for the following buildings: City Hall, Carnegie Annex, Waterloo
Police Training Center, Memorial Hall, Waste Management, and the Parking Ramp Enclosure
attached to the Waterloo Building", be adopted. Roll call vote-Ayes: Six. Motion carried.
Mr. Morrissey questioned if unionized organizations could be added to the list of those who receive
the opportunity to bid.
Noel Anderson, Community Planning and Development Director, commented that his department
will look into unionized organizations that would be interested in bidding.
Mr. Morrissey questioned if there is currently a list of unionized companies in the region.
Noel Anderson, commented that he is unaware of such a list but would do some checking and that it
is currently not listed as a criteria in the bid documents. He further commented that the documents
were made available in several different forums
Resolution adopted and upon approval by Mayor assigned No. 2018-667.
146471 - Schmitt/Amos
that "Resolution rescinding Resolution No. 2015-187 adopted on March 9, 2015 to correct a utility
easement description for an Encroachment Agreement with University of Iowa Community Credit
Union, and adopt a new resolution entering into an Encroachment Agreement with University of
Iowa Community Credit Union, and authorize the Mayor and City Clerk to execute said documents",
be adopted. Roll call vote-Ayes: Six. Motion carried.
Mr. Morrissey commented that he had read the University of Iowa had filed action against the Credit
Union for using University of Iowa in its name and questioned if this could pose a problem in the
future.
Dave Zellhoefer, City Attorney, explained that the University of Iowa has objected to the name of
the credit union and any name change could take up to a year or two. He also explained there would
be no difficulty amending the agreement to reflect any future name change.
Resolution adopted and upon approval by Mayor assigned No. 2018-668.
146472 - Schmitt/Amos
that "Resolution approving a Second Amendment to the Development Agreement & Minimum
Assessment Agreement with Cardinal Construction Inc., changing the developer to Cardinal
Construction Inc. & IPE1031 REV279, LLC, and 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. 2018-669.
146473 - Schmitt/Amos
that "Resolution approving a Temporary Construction Easement and Dedicating a Sanitary Sewer
Easement on land owned by the City of Waterloo, for the Brock Sanitary Sewer Main Extension,
Contract No. 954, located north of 1318 Martin Road", be adopted. Roll call vote-Ayes: Six.
Motion carried.
September 4, 2018 Page 7
Resolution adopted and upon approval by Mayor assigned No. 2018-670.
146474 - Klein/Amos
that "Resolution accepting deed from Black Hawk County for property generally located at the
corner of Walnut Street and 6th Street in the amount of$1.00, and authorize Mayor and City Clerk
to sign and fully execute all necessary documents", be adopted. Roll call vote-Ayes: Six. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-671.
146475 - Klein/Amos
that "Resolution approving Professional Services Agreement with I & S Group, Inc., in an amount
not to exceed $206,390, for a Building Survey/Assessment for the City of Waterloo, and authorize
the Mayor to execute said document", be adopted. Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-672.
ORDINANCES
146476 - Morrissey/Amos
that. "an Ordinance amending Ordinance No. 5079, as amended, the City of Waterloo Zoning
Ordinance, 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", be considered and passed for
the third time and adopted. Roll call vote-Ayes: Six. Motion carried.
Jim Chapman, 224 Bertch, commented that he supports the overlay district and questioned the name
change of a new establishment from Guddi Mart to Byron Avenue Supermarket, and how liquor
licenses work in the event of a name change.
Kelley Felchle explained that a liquor license needs to be held by the individual or company
receiving the revenue from liquor sales and commented that the Clerk's office has not been made
aware of a new ownership for said establishment.
Mr. Schmitt questioned how soon the Clerk's office would be made aware of any change in
ownership.
Kelley Felchle explained the process for ownership updates.
Ordinance adopted and upon approval by Mayor assigned No. 5465.
146477 - Schmitt/Morrissey
that "an Ordinance amending the 2008 City of Waterloo Traffic Code by Adding Subsection (8A)
Crabapple Lane, to Section 545, Yield Streets, to the 2008 Traffic Code as follows: Crabapple Lane
at Falcon Ridge", be received, placed on file, considered and passed for the first time. Roll call vote-
Ayes: Six. Motion carried.
146478 - Schmitt/Juon
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Six. Motion carried.
Sandie Greco explained that a stop sign and yield sign will help direct traffic.
146479 - Schmitt/Amos
that "an Ordinance amending the 2008 City of Waterloo Traffic Code by Adding Subsection (8A)
Crabapple Lane, to Section 545, Yield Streets, to the 2008 Traffic Code as follows: Crabapple Lane
September 4, 2018 Page 8
at Falcon Ridge", be considered and passed for the second and third times and adopted. Roll call
vote-Ayes: Six. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5466.
ADJOURNMENT
146480 - Morrissey/Jacobs
that the Council adjourn at 6:42 p.m. Voice vote-Ayes: Six. Motion carried.
elley Felc
City Clerk