HomeMy WebLinkAboutMinutes-December 03, 2018 December 3, 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, December 3, 2018. Mayor Quentin Hart in the Chair. Roll Call:
Jacobs, Morrissey, Klein, Amos, Schmitt, and Juon.
Prayer or Moment of Silence.
Pledge of Allegiance: Paul Huting, Leisure Services Director
146776 - Juon/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, December 3, 2018, at 5:30 p.m.,
be accepted and approved. Voice vote-Ayes: Six. Motion carried.
146777 - Juon/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday,November 26, 2018, at 5:30
p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried.
Proclamation recognizing 50th anniversary of municipal Home Rule in Iowa.
Walnut Neighborhood Revitalization Presentation.
ORAL PRESENTATIONS
Gerald Thomas, 200 Bertch, explained that his neighbor called and complained that a large pile of
trash was dumped in the alley behind their home. He explained that he called the sanitation
department to clean up the trash and that it had not been cleaned but that he received a code
violation. He called the Sanitation this morning about the debris in the alley and he was told to
contact Code Enforcement. He stated that the debris was three large tires and a jack.
Forest Dillavou, 1725 Huntington Road, explained that 14 streetlights are out between Fletcher and
Highway 63 on University Avenue. He stated that the Ansborough Avenue recycling area has no
signs to state which products go in which container and that city staff had said that they do not have
time to review video to catch people recycling improperly.
David Dryet, 3145 W. 4th Street, questioned why the city cannot do home rule to stop TIF as he
believes that TIF is used to line the pockets of big developers. He questioned what is the payback
when the city gives someone property for a dollar and who can that question be directed to.
Jim Chapman, 224 Bertch, commented he saw an article that talked about the number of employees
that live in Waterloo and that 52% live in the city.
Mr. Morrissey commented that home rule has been eviscerated by the legislature over the last few
years. He explained that this week is one week before the 70th anniversary of the signing of the
Declaration of Human Rights. He then read four articles and Mr. Amos read the final four articles.
Mrs. Klein stated that the 77th anniversary of Pearl Harbor is this week and invited everyone to
discuss with family members about their time of service.
146778 - Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote-Ayes: Six. Motion
carried.
CONSENT AGENDA
146779 - Juon/Schmitt
that the following items on the consent agenda be received, placed on file and approved:
a. Resolutions to approve the following:
December 3 2018 Page 2
1. Resolution approving Finance Committee Invoice Summary Report, dated December 3,
2018, in the amount of$1,054,127.23, 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. 2018-869.
b. Motion to approve the following:
I Travel Requests
Name & Title of Amount
Personnel Class/Meeting Destination Date(s) not to
Exceed
a. Craig Denner, 2018-2019 Aquatic Cedar Falls, January 28 - 30, $395
Facilities Specialist CEU Workshop /2018- IA 2019
and Katy Moeller, 2019 CPO Class
Member
Services/Aquatics
Specialist
b. Scot Reuter, Water and Wastewater Waterloo, December 5, 6, $475
Maintenance Operator Training IA 12 & 13, 2018
Certification Program/
Basic Wastewater
Training
2• Approved Beer, Liquor, and Wine Applications
Name &Address of Business Class New or Expiration Includes
Renewal Date Sunday
a. Karma Bar, 309 W. 4th Street C Liquor Renewal 10/14/2019 x
w/Outdoor
Service
b. Logan Convenience Store, 735 B Wine/C Beer/ Renewal 11/11/2019 x
Logan Ave. E Liquor
c. Love's Travel Stop 4702, 3301 B Wine/ C Beer Renewal 11/16/2019 x
Greyhound Drive, Suite A
d. Trucker Bar, 1915 Bourland C Liquor Renewal 12/12/2019 x
Avenue
3. Mayor Hart's recommendation of the following appointments:
Appointee Board/Commission Expiration New or
Date Re-Appointment
April Leadley Board of Adjustment 12/8/2019 New
Jessica Rucker Complete Streets None New
Advisory Committee
4. Recommendation of appointment of Brian Bowman to the position of Treatment Operations
Supervisor, Waste Management Services Department effective December 15, 2018.
Roll call vote-Ayes: Six. Motion carried.
PUBLIC HEARINGS
146780 - Schmitt/Amos
that proof of publication of notice of public hearing on FY 2019 Levee Tree Clearing Cedar River,
Contract No. 968, as published in the Waterloo Courier on November 23, 2018, be received and
placed on file. Voice vote-Ayes: Six. Motion carried.
This being the time and place of public hearing,the Mayor called for written and oral comments and
there were none.
December 3 2018 Page 3
146781- Schmitt/Amos
that the hearing be closed. Voice vote-Ayes: Six. Motion carried.
146782 - Schmitt/Amos
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll-call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-870.
146783 - Schmitt/Amos
that"Resolution authorizing to proceed", be adopted. Roll-call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-871.
146784 - Schmitt/Amos
Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review.
Estimate: $328,200.00
Bidder Bid Security Bid Amount
Twin City Tree Service, LLC 5% Check $324,000.00
Vieth Construction, Corp 5% Bond $409,280.00
Cedar Falls, IA
Veracity Excavating, LLC 5% Bond $195,485.00
LaPorte City, IA
Legacy Corp 5% Bond $198,880.00
East Moline, IL
Lodge Construction 5% Bond $208,415.00
Clarksvile, IA
Voice vote-Ayes: Six. Motion carried.
RESOLUTIONS
146785 - Morrissey/Amos
that "Resolution approving Amendment to Acquisition Contract with M and G Capital, LLC to
acquire 500 square feet of right-of-way in the amount of$1,070, amending the agreement to provide
for payment by Buyer for abstracting expenses in the amount of$680, for property located at 3727-
3731 University Avenue, in conjunction with the University Avenue Reconstruction Phase II
Project, 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. 2018-872.
146786 - Morrissey/Amos
that "Resolution to certify the population of an annexed area, generally located along North Elk Run
Road, northwest of 4455 Remington Road, and authorize the Mayor to certify said population to the
Treasurer of the State of Iowa", be adopted. Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-873.
146787 - Klein/Amos
that "Resolution approving permanent and temporary easement agreements with Wal-Mart Real
Estate Business Trust in the amount of$123,657.59, for property located south of 1334 Flammang
December 3 2018 Page 4
Drive, in conjunction with the Dry Run Interceptor Force Main Sanitary Sewer Project", be adopted.
Roll call vote-Ayes: Six. Motion carried.
David Dryer, 3145 W. 4th Street, commented that he looked at the documents online for the item and
explained that he does not understand the path of the easement and how it impacts the Sewer
Department.
Doug Schindel, AECOM, explained that the Dry Run Interceptor Project is part of the consent
decree and will relieve the 8th and 9th Street systems that have experienced overflows. He further
explained the path the water will take with the installation of a new lift station. They will look at
letting this in the spring. He further explained that it has taken several years to negotiate this
agreement with Wal-Mart.
Todd Obadal, 124 Amity Drive, explained that the agreement was signed by Wal-Mart on April 30,
2018 and that this is the first time that the people voting on the agreement are getting a chance to
review. He stated that Wal-Mart got to declare the worth of the land that is a fifteen foot strip
between the back of the building and the drainage way and that the price of the easement seems
incredibly high.
Noel Anderson, Community Planning and Development Director, explained that the value of the
property is based on the assessed value which is determined by the Black Hawk County Assessor's
office and the per square foot price was used for the permanent easement and then 10% of that value
was used for the temporary easement.
Mr. Schmitt requested clarification on whether this includes a permanent easement.
Noel Anderson explained that it includes a permanent and temporary easement.
Resolution adopted and upon approval by Mayor assigned No. 2018-874.
146788 - Klein/Amos
that "Resolution approving a Grant Agreement with Black Hawk Gaming, in the amount of $1.2
million, for the Jefferson Street and Commercial Street Street-scaping Project, and authorize the
Mayor and City Clerk to execute said documents or electronic submissions", be adopted. Roll call
vote-Ayes: Six. Motion carried.
Noel Anderson provided an overview of the project and noted that the enhancements will include
aesthetic features, safety for pedestrians. He further noted the funding sources for the project.
Mr. Jacobs requested clarification of the total cost of the project which he believes is $3.6 million
and what costs are included in that dollar amount.
Noel Anderson provided an overview of the funding.
Jamie Knutson, Interim City Engineer, explained that when he found out about the enhancements
project he decided it would be best to reconstruct the street and follow that with enhancements in the
area. He noted that these streets are in desperate need of reconstruction.
Mrs. Klein commented that she is glad to see that the roads are scheduled to be reconstructed.
Mr. Schmitt requested clarification of the costs involved for the property sold on item No. 5.
Noel provided an explanation.
Resolution adopted and upon approval by Mayor assigned No. 2018-875.
ORDINANCES
146789 - Amos/Morrissey
December 3 2018 Page 5
that "an Ordinance approving a request by the City of Waterloo to vacate an easement over a
previously vacated alley located Northeast of 827 Commercial Street", be received, placed on file,
considered and passed for the second time. Roll call vote-Ayes: Six. Motion carried.
146790 - Amos/Morrissey
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Three. Nays: Three (Jacobs, Klein, and Amos). Motion failed.
146791 - Morrissey/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 the City
of Waterloo for a site plan amendment to the "M-2,P" Planned Manufacturing District for an
updated site plan for the construction of a 11,800 square foot industrial building, and rescinding
Resolution No. 2018-788", be considered and passed for the third time and adopted. Roll call vote-
Ayes: Six. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5476.
OTHER COUNCIL BUSINESS
146792 - Schmitt/Amos
that Change Order Nos. 4 and 5 for a total increase of $14,225, to Peterson Contractors, Inc. of
Reinbeck, Iowa, in conjunction with the FY 2018 Waterloo Boathouse Enhancements, be received,
placed on file and approved. Voice vote-Ayes: Six. Motion carried.
Bill Bachman, Leisure Services,provided an overview of the item.
146793 - Schmitt/Amos
that Change Order No. 6 for a net increase of $24,763, for the FY 2018 University Avenue
Reconstruction- Phase I - Greenhill Road to Evergreen Avenue, Contract No. 933, 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, explained that the change order is going to connect the Fire
station and water towers with fiber optics which will then connect through the city's fiber network.
ADJOURNMENT
146794 - Juon/Morrissey
that the Council adjourn at 6:32 p.m. Voice vote-Ayes: Six. Motion carried.
elley Felchle
City Clerk