HomeMy WebLinkAboutMinutes-January 14, 2019January 14, 2019
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, January 14, 2019. Mayor Quentin Hart in the Chair. Roll Call:
Jacobs, Morrissey, Klein, Amos, Schmitt, and Juon. Feuss arrived at 5:36 p.m.
Prayer or Moment of Silence.
Pledge of Allegiance: Bruce Jacobs, Ward 2 Council Member
145747 - Juon/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, January 14, 2019, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
145748 - Juon/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, January 7, 2019, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
Proclamation to Join in National Observance of Dr. Martin Luther King, Jr.'s Birthday January 21,
2019.
Recognition of Cunningham School of Excellence Carolers.
ORAL PRESENTATIONS
Lawrence Wheeler, 433 Bratnober, commented that six lights on River Road from Black Hawk to
Conger are out. Several lights on the 18th Street Bridge are not lit. He further stated that people
need to fly very soon since the TSA will be impacted by the government shutdown.
David Dryer, 3145 W. 4th Street, questioned why the city is sending someone to Washington D.C.
for the Cedar Valley Coalition trip. He also commented that the Courier reported that the city's cash
reserves shrunk again and that the city needs to get control of spending and that employees should be
rewarded on a merit system.
Todd Obadal, 124 Amity Drive, commented that last week there was discussion about when the
rules should be suspended. He stated that the council should always suspend the rules to make sure
that items are reviewed adequately.
145749 - Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
145750 - 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 January 14, 2019,
in the amount of $1,781,231.31, 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. 2019-20.
2. Resolution approving Order accepting Acknowledgment/Settlement Agreement and check
for $300.00 from Kwik Star #723, 707 Broadway, Waterloo, Iowa for sale of tobacco to
minor violation -first offense.
Resolution adopted and upon approval by Mayor assigned No. 2019-21.
January 14, 2019 Page 2
1.
2.
3. Resolution approving preliminary plans, specifications, bid documents, etc. and setting date
of bid opening as February 7, 2019, and date of public hearing as February 11, 2019, in
conjunction with the 2018 Remedial Actions - Phase IIIB, Contract No. 949, and instruct
City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-22.
4. Resolution approving preliminary plans, specifications, bid documents, etc. and setting date
of bid opening as February 7, 2019, and date of public hearing as February 11, 2019, in
conjunction with the FY 2019 CIP Pipelining Phase IIIC, Contract No. 962, and instruct City
Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-23.
5. Resolution setting the date of public hearing as February 4, 2019 to approve preliminary
plans, specifications, form of contract, etc. and setting the date of bid opening as January 31,
2019 for asbestos survey services at: 2127 E. 4th Street (Rectory only), 419 Lane Street, 800
W. 2nd Street, 614 W. 7th Street, 536 Dawson Street, 623 W. 2nd Street, 411 E. 8th Street,
328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial
Street, 1426 Commercial Street, 1430 Commercial Street, 421 Logan Avenue and 154
Harrison Street, and instruct City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-24.
6. Resolution approving preliminary specifications, bid documents, etc., and setting the date of
bid opening as January 31, 2019 and date of public hearing as February 4, 2019 for the
purchase of one new One -Ton Truck with Dump Body, and instruct City Clerk to publish
said notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-25.
b. Motion to approve the following:
a.
b.
c.
d.
a.
b.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Bob Lentzkow,
Combination Inspector
International Code
Council - Residential
Plumbing Inspector
Exams
Online Exam
(2)
December 7 &
27, 2018
$418
Elizabeth Andrews,
Registrar
Picking up artwork
Goshen, IN
January 22-23,
2019
$255
Christa Reuel, Artist
Waterloo, IA (from
Goshen, IN)
Waterloo, IA
(from Goshen,
IN)
January 23-27,
2019
$300
Noel Anderson,
Community Planning
& Development
Director
2019 Cedar Valley
Coalition
Washington,
D.C.
April 29 - May
1, 2019
$1,920
Approved Beer, Liquor, and Wine Applications
Name & Address of Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Casey's General Store #2866,
51 E. Tower Park Drive
*Adding Liquor*
B Wine / C Beer / E
Liquor
New
2/28/2019
x
Cedar Valley Fish Market,
218 Division Street
*Ownership Update*
B Beer
New
1/26/2019
January 14, 2019
c.
d.
e.
f.
g.
Page 3
Five Sullivan Brothers
Convention Center, 200 W.
4th Street
C Liquor
Renewal
4/30/2019
x
Golf Headquarters, 1850 W.
Ridgeway Avenue
B Beer
Renewal
12/30/2019
x
Prime Mart, 3535 Marigold
Drive
B Wine / C Beer / E
Liquor
_
Renewal
1/19/2020
x
S.A.C.'s Neighborhood Pub,
2000 Hawthorne Avenue
C Liquor
w/Outdoor Service
Renewal
1/31/2019
x
Scoreboard Bar & Grill, 814
LaPorte Road
C Liquor
w/Outdoor Service
Renewal
3/31/2019
x
3. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration
Date
New or
Re -Appointment
Eric Donat
Human Rights
01/01/2022
Re -Appointment
Andrew VanFleet
Telecommunications
Board
1/14/2025
New
4. Recommendation of appointment of Jamie Knutson, to the position of City Engineer, effective
January 15, 2019.
5. Recommendation of appointment of Camille Burkle, from the Civil Service list, to the position of
Events Coordinator, effective January 22, 2019.
6. Recommendation of appointment of Jesse Crane, from the Civil Service list, to the position of Plant
Maintenance Mechanic at the Waste Management Department, effective January 28, 2019, subject to
passing drug test and physical.
7. Fireworks Display at National Cattle Congress for the Hairball Concert on January 19, 2019 from
approximately 9:15 p.m. to 11:15 p.m.
Roll call vote -Ayes: Seven. Motion carried.
RESOLUTIONS
145751 - Schmitt/Amos
that "Resolution approving award of bid to Cardinal Construction of Waterloo, Iowa, in the amount
of $80,300, and approving the Contract, Bonds, and Certificate of Insurance in conjunction with
the Riverfront Stadium Group Seating Boxes Project, 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. 2019-26.
145752 - Morrissey/Amos
that "Resolution adopting the City of Waterloo, Iowa Small Cell Design Guidelines, and authorizing
the City Clerk to publish said guidelines", be adopted. Roll call vote -Ayes: Six. Nays: One
(Schmitt). Motion carried.
Aric Schroeder, City Planner, provided an overview of the guidelines and regulations that have been
handed down to cities from the state and federal government.
David Dryer, 3145 W. 4th Street, commented that he has problems with his internet and that one of
the least preferable locations for installation is in residential neighborhoods. He stated that every
morning he has to reboot internet and that he does not understand why these devices could not be
placed in residential locations.
January 14, 2019
Page 4
Mr. Schmitt questioned the period that other cities had to adopt these guidelines versus why
Waterloo is scrambling to get this adopted.
Aric Schroeder commented that it was adopted by the FCC in mid-December.
Mr. Schmitt questioned what would happen if council does not adopt the guidelines tonight.
Aric Schroeder explained that the city will have not be able to regulate design and aesthetics of the
small cell towers but would be able to oversee safety concerns.
Mr. Schmitt commented on public concerns regarding health hazards associated with small cell
towers.
Aric Schroeder explained that an act passed in 1996 cities and counties were barred from regulating
cell equipment based on health concerns. He further commented that this is for cell phone services
not home internet.
Mayor Hart commented that this is new technology that will allow cell phone providers to increase
boost signals.
Aric Schroeder clarified that the design guidelines do not prohibit residential areas but does set a
preference for industrial and commercial.
Mrs. Klein questioned in what manner the city was notified.
Mayor Hart explained that the city staff is in no way at fault for the short notice, and that multiple
cities are also working hard to implement guidelines by the given deadline.
Mr. Morrissey questioned the placement of the small cell towers on private property verses city
property and if the zoning ordinance would need to be amended. He further commented on the
limited timeline to adequately review the guidelines, and voiced his displeasure that the state and
federal government mandate, which has been promoted by private businesses, also disallows the
city's ability to place restrictions or charge rent for space used on public property.
Aric Schroeder provided an explanation of how the current zoning ordinance could affect placement
and the ordinance could be reviewed for potential amendments, if needed.
Mayor Hart noted that Mike Van Milligen, from the City of Dubuque, sent an email out to the
metropolitan area on January 3rd, and explained that the deadline had been set for January 14, 2019.
Mr. Jacobs questioned if fees can be charged.
Aric Schroeder explained that the city is prohibited from making this a profit generating venture.
The fees have to be based on the actual cost of reviewing permits and can charge an annual
reoccurring fee for maintenance.
Mr. Jacobs questioned if the city can look at best practices from other cities.
Aric Schroeder explained that the city has fees for work in the right of way. A fee structure is not
proposed as part of these guidelines but cne will come to the council in the future.
Mr. Schmitt questioned if the League of Cities has done any work on this issue.
Aric Schroeder commented that the League of Cities was a commenter on the bill as not being in
favor.
Mayor Hart commented that Mike Van Milligen's communication was marked as urgent.
Mrs. Klein commented that she felt the communication should have come from the League of Cities.
Mayor Hart explained that more and more restrictions are being placed on cities and it is important
to figure out how to deal with these are they continue to increase. But we should at least make sure
January 14, 2019
Page 5
we take advantage of the opportunity to regulate the small cell design to insure there is some control
on this particular issue.
Cheryl Christiansen, 1702 E. Mitchell, commented that communities in California have blocked the
installation of 5G small cell towers. She stated that these have been linked to brain and heart tumors
and asked the council to do something to block this.
Resolution adopted and upon approval by Mayor assigned No. 2019-27.
ORDINANCES
145753 - Amos/Morrissey
that "an Ordinance approving a request to vacate a 7,500 square foot portion of Bluff Street right-of-
way, located between West 13th and 14th Streets, subject to the retention of a utility easement over a
portion of the area to be vacated", be received, placedon file, considered and passed for the second
time. Roll call vote -Ayes: Seven. Motion carried.
145754 - Amos/Morrissey
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Five. Nays: Two (Schmitt and Klein). Motion failed.
145755 - Schmitt/Amos
that "an Ordinance approving a request by the City of Waterloo to vacate a 65,490 square foot
portion of Airline Highway west of 3070 W. Airline Highway", be received, placed on file,
considered and passed for the second time. Roll call vote -Ayes: Seven. Motion carried.
145756 - Schmitt/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Four. Nays: Three (Jacobs, Klein, and Schmitt). Motion failed.
OTHER COUNCIL BUSINESS
145757 - Morrissey/Amos
that a hearing on Order Assessing Civil Penalty, in the amount of $300.00 to Ray's Supermarket,
1975 Franklin Street, Waterloo, Iowa, for sale of tobacco to minor violation -first offense, be
received and placed on file. Voice vote -Ayes: Seven. Motion carried.
This being the time and place of hearing, the Mayor called for written and oral comments and there
were none.
145758 - Morrissey/Amos
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
145759 - Morrissey/Amos
Resolution approving Order Assessing Civil Penalty, in the amount of $300.00 to Ray's
Supermarket, 1975 Franklin Street, Waterloo, Iowa, for sale of tobacco to minor violation -first
offense. Roll call vote -Ayes: Six. Nays: One (Jacobs - possible conflict of interest). Motion
carried.
Mr. Jacobs requested clarification of the process for notifying the business as well as any follow up,
prior to setting a hearing on the matter.
Dave Zellhoefer, City Attorney, explained that at least one letter was sent outlining their rights and
options to avoid a hearing, and that no response was received.
January 14, 2019
Page 6
Mr. Jacobs commented that there should be more communication with the business owners prior to
these types of actions.
Mr. Morrissey commented that there was a similar in the consent resolution.
Dave Zellhoefer explained that the item in the consent resolution is for a business which had already
paid the fine, and the vote is to accept the payment.
Resolution adopted and upon approval by Mayor assigned No. 2019-28.
145760 - Morrissey/Amos
that a hearing on Order Assessing Civil Penalty, in the amount of $300.00 to XO Food and Liquor,
428 Franklin Street, Waterloo, Iowa, for sale of tobacco to minor violation -first offense, be received
and placed on file. Voice vote -Ayes: Seven. Motion carried.
This being the time and place of hearing, the Mayor called for written and oral comments and there
were none.
145761 - Morrissey/Amos
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
145762 - Morrissey/Amos
Resolution approving Order Assessing Civil Penalty, in the amount of $300.00 to XO Food and
Liquor, 428 Franklin Street, Waterloo, Iowa, for sale of tobacco to minor violation -first offense, be
received and placed on file. Roll call vote -Ayes: Six. Nays: One (Jacobs - possible conflict of
interest). Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-29.
145763 - Morrissey/Amos
that the council adjourn to Executive Session at 6:27 p.m. Roll call vote -Ayes: Seven. Motion
carried.
City Attorney Dave Zellhoefer stated that discussion of collective bargaining is an approved topic of
Executive Session pursuant to Iowa Code Section § 20.16 and § 20.17.(3).
EXECUTIVE SESSION
145764 - Juon/Klein
that the council adjourn Executive Session at 7:23 p.m. Voice vote -Ayes: Seven. Motion carried.
ADJOURNMENT
145765 - Juon/Klein
that the Council adjourn at 7:23 p.m. Voice vote -Ayes: Seven. Motion carried.
Kelley Fele
City Clerk