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HomeMy WebLinkAboutMinutes-October 01, 2018 October 1, 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, October 1, 2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Kent Shankle, Cultural &Arts Director 146571 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, October 1, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. 146572 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, September 24, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. Proclamation Declaring October 7-13, 2018 as Earth Science Week. Proclamation Declaring October 7-13, 2018 as Fire Prevention Week. ORAL PRESENTATIONS Mr. Schmitt explained that there is an item with a potential legal issue that he forgot to request be added to the agenda prior the agenda approval. Mayor Hart commented that the agenda has already been approved and asked the City Clerk how this would be managed if a problem would arise. Kelley Felchle, City Clerk, explained that it would require an amendment to the development agreement. Mr. Morrissey commented that he is unclear of the matter being discussed. Mayor Hart explained the reason for Mr. Schmitt's request. Mr. Morrissey commented he still has no idea what this matter is about, and that as a council member he is disappointed that he was not made aware of a potential legal issue or a request for an amendment to the agenda. Mayor Hart explained he was not aware that Mr. Schmitt was going to bring up the matter, but wanted to acknowledge the issue. Todd Obadal, 124 Amity Drive, explained that he sent the email last week regarding the grocery store development agreement amendment adding $500,000 of tax payer money to support the development of the grocery store, questioning whether the amendment complies with Iowa Code §403.8(3), and read the section of code. He explained his concerns regarding the agreement and code section and stated that he has had this reviewed and does not believe that the contract is in compliance. He further questioned what part of Iowa Code or court case has determined that the code requirement does not apply to this agreement. Mayor Hart stated that the question is being researched by legal counsel and a response will be provided. Jim Chapman, 224 Bertch, commented on the threat of litigation made by the developer of the convention center. David Dryer, 3145 W. 01 Street, commented that Mrs. Klein has asked what sort of exit strategy the city has in contracts and that it appears they do not exist. He questioned several resolutions on the consent agenda. Lawrence Wheeler, 433 Bratonober, commented that when dealing with city officials he gets the run around and that the only way to get something done is to call the Mayor's Office. He explained that October i, 2018 Page 2 two deer have been killed by the airport and that it has been difficult to get the carcass removed. He asked that a comprehensive traffic study be executed between Waterloo, Cedar Falls, and Black Hawk County to study the movement of deer in the area. He has called regarding a light at the corner of Center and Broadway that turns on and off and has not been able to get it fixed. Sandie Greco, Interim Public Works Director, dead deer on highways are to be picked up by the Iowa DOT and deer on city streets are picked up by animal control but they have to wait until officers are overlapping in hours and a truck is available to pick up the carcass. She noted that they never lay out for more than one day. Mr. Morrissey commented that Wayne Gross passed away. He explained that Mr. Gross was an excellent negotiator for United Auto Workers and that he will miss Mr. Gross. Mrs. Klein commented that citizens should receive an acknowledgement that their email was received. She stated that sometimes union agreements are lopsided and that when people retire from the city the replacement receives the same wage as the retiree. She stated that she has received numerous phone calls about recent flooding and they are wondering why the city cannot get to the bottom of the problem that has been going on for 20-30 years, and that residents are told by staff that it is because there is no money in the budget. She stated the city should not be negligent and fix these problems rather than building homes on Newell Street. Mayor Hart explained that rain this September has exceeded historical records and nothing at this time shows that the flooding is a result of negligence by the city. Millions of dollars have already been invested in infrastructure and staff has been charged with looking at adding several projects to address this and other concerns for council approval at the next CIP meetings. Mr. Schmitt commented that Craig Shirey of Shirey Concrete passed away this week and noted that he was a great philanthropist and shared the date and time of his funeral. 146573 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote-Ayes: Six. Motion carried. CONSENT AGENDA 146574 - 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 October 1, 2018, in the amount of$2,739,848.50, 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. 2018-723. 2. Request to certify assessment to 424 Columbia Street in the amount of$2,926.00, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Resolution adopted and upon approval by Mayor assigned No. 2018-724. 3. Resolution approving the request of Kyakumanya Mwanje for tax exemptions on the construction of a new duplex valued at$100,000 for property located at 734 Grindstone Circle, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-725. 4. Resolution approving the request of Refik Kahazovic for tax exemptions on the construction of a new single family home valued at$285,000 for property located at 1828 Waxwing Way, and located in the City Limits Urban Revitalization Area(CLURA). October 1, 2018 Page 3 Resolution adopted and upon approval by Mayor assigned No. 2018-726. 5. Resolution approving the request of Rylan Timmons for tax exemptions on the construction of a new single family home valued at$353,744 for property located at 1456 Audubon Drive, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-727. 6. Resolution approving the request of Ryan Wilkinson for tax exemptions on the construction of a new single family dwelling valued at $200,000 for property located at 121 Ogden Avenue, and located within the Consolidated Urban Revitalization Area(CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-728. 7. Resolution approving the request of Shawn Hoosman for tax exemptions on the construction of home improvements valued at$13,000 for a property located at 333 Wendell Court, and located within the Consolidated Urban Revitalization Area(CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-720. 8. Resolution approving the request of Patrisha L. Serfling for tax exemptions on the construction of home improvements valued at $15,000 for a property located at 642 W. Parker Street, and located within the Consolidated Urban Revitalization Area(CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-730. 9. Resolution approving the request of Cam Campbell and Alston Campbell II for tax exemptions on the construction of home improvements valued at$35,000 for a property located at 2837 E. 4th Street, and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-731. 10. Resolution approving the request of SBF Investments, LLC for tax exemptions on the construction of improvements for a commercial building valued at$100,000 for a property located at 827 W. 5th Street, and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-732. 11. Resolution approving specifications, bid document, etc. and setting date of bid opening as October 11, 2018 and public hearing as October 15, 2018, in conjunction with the purchase of one (1) 2019 service truck for the Street Department and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2018-733. 12. Resolution approving specifications, bid document, etc. and setting date of bid opening as October 11, 2018 and public hearing as October 15, 2018, in conjunction with the purchase of one (1) snow blower for the Street Department and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2018-734. 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. Saunders ASP Baton Instructor Johnston, IA I October 10, $140.00 October 1, 2018 Page 4 Re-certification 2018 b. Sgt. Erie and Ofcrs Defensive Tactics Johnston, IA September $825.00 Berryman, B. Lippert, Instructor Re- 26, 2018 A. Herkelman and B. certification Herkelman c. P.O. Saunders OC (Oleoresin Johnston, IA October 24, $165.00 Capsicum) Spray 2018 Instructor Re- certification d. Elizabeth Andrews, Iowa Museum Cedar Falls, October 8- $225.00 Registrar Association Conference IA 9, 2018 e. Sgt. Hoelscher Firearms Instructor Re- Johnston, IA November $165.00 certification 28, 2018 f. Sgt. Richter Rifle Instructor Re- Johnston, IA. November $165.00 certification 1 29, 2018 2. Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunday a. Brown Derby Ballroom, 618 C Liquor Renewal 9/30/2019 x Sycamore Street b. LJ's Neighborhood Grill & C Liquor Renewal 11/5/2019 x Bar, 3550 Kimball Avenue w/Outdoor Service c. Jameson's Public House, 310 C Liquor Renewal 11/2/2019 x E. 4th Street w/Outdoor Service & Catering Privilege 3. Recommendation of appointment of Sonya Snapp, from the Civil Service list, to the position of Animal Control Officer, effective October 2, 2018. 4. Recommendation of appointment of Ethan Moeller, from the Civil Service list, to the position of Facilities Services Specialist at the Waterloo Center for the Arts, effective October 2, 2018. 5. Recommendation of appointment of Caylin Graham, from the Civil Service list, to the position of Youth Pavilion Manager at the Waterloo Center for the Arts, effective October 2, 2018. Roll call vote-Ayes: Six. Motion carried. RESOLUTIONS 146575 - Schmitt/Amos that "Resolution of support for Red Cedar by committing to working collaboratively with Red Cedar and other Cedar Valley Organizations to develop and implement a long-term strategy that will measurably improve the Cedar Valley's capacity to generate and commercialize new products and technologies", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-735. 146576 - Schmitt/Amos that "Resolution approving a request from Shawn Hoosman appealing the decision of the Interim City Engineer per the provisions of the Code of Ordinances Section 7-1-4(G), concerning the disallowance of a second curb cut on a property with less than 100 foot of street frontage, located at 333 Wendell Court, together with recommendation of approval of the Planning, Programming and Zoning Commission, subject to the condition that the second curb cut shall not be constructed until issuance of a garage permit", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-736. 146577 - Schmitt/Amos October 1, 2018 Page 5 that "Resolution approving an Encroachment Agreement request by Jeffrey Streblow, Suellyn Dawson, and Douglas and Ione Abkes to maintain large rocks in City right of way along 1214 Janney Avenue, 1218 Janney Avenue, and 1035 Wilbur Avenue, 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. 2018-737. 146578 - Morrissey/Amos that "Resolution approving submission of a grant application to Black Hawk Gaming, in the amount of $1,155,595, for the Jefferson Street and Commercial Street streetscaping project", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-738. 146579 - Morrissey/Amos that "Resolution approving Memorandum of Understanding with the City of Cedar Falls for the five- year Consolidated Action Plan as required by the United States Department of Housing and Urban Development in order to maintain the Cedar Falls-Waterloo HOME Consortium and authorize 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. 2018-739. 146580 - Amos/Morrissey that "Resolution approving application for an Iowa Clean Air Act Program grant to install a traffic adaptive system on Ansborough Avenue between Ridgeway Avenue and Downing Avenue including a$98,250 match of city funds", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-740. 146581 - Amos/Morrissey that "Resolution approving installation of a speed hump located at 816 Wildwood Road", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-741. 146582 - Amos/Morrissey that "Resolution approving installation of a speed hump located at 816 Wildwood Road", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-742. OTHER COUNCIL BUSINESS 146583 - Morrissey/Amos that Change Order No. 4 for a net increase of $49,894, for the FY 2018 University Avenue Reconstruction - Phase I - Greenhill Road to Evergreen Avenue, Contract No. 933, be received, placed on file and approved. Voice vote-Ayes: Six. Motion carried. Jamie Knutson, Interim City Engineer, provided an overview of the change order. David Dryer, 3145 W. 4th Street, questioned how much the other three change orders have cost. Jamie Knutson explained that the change orders total less than one percent of the total contract price. EXECUTIVE SESSION October 1, 2018 Page 6 146584 - Juon/Morrissey that the council adjourn Executive Session at 6:22 p.m. Voice vote-Ayes: Six. Motion carried. City Attorney Dave Zellhoefer stated that discussion of litigation with counsel is an approved topic of Executive Session pursuant to Iowa Code Section §21.5(1)(c). ADJOURNMENT 146585 - Juon/Amos that the Council adjourn at 7:15 p.m. Voice vote-Ayes: Six. Motion carried. N1# -,4 "k elley Felc e City Clerk