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HomeMy WebLinkAboutMinutes-2/05/2018February 5, 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, February 5, 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: Julie Dawson, Housing Authority Director 146491 - Schmitt/Amos that the Agenda, as proposed, for the Regular Session on Monday, February 5, 2018, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 146492 - Schmitt/Amos that the Minutes, as amended, adding Mr. Obadal's requested change alongside the City Clerk's minutes to read, "Todd Obadal, 124 Arnity Drive, commented on the need for city council approval in accordance with the city ordinances of Waterloo prior to the disbursement of city funds", for the Regular Session on Monday, January 22, 2018, at 5:30 p.m., be accepted and approved. Voice vote - Ayes: Seven. Motion carried. Mr. Schmitt questioned the request by Mr. Obadal to update the minutes. Kelley Felchle, City Clerk, explained it is up to the council whether to amend the minutes, then read Mr. Obadal's requested change to be, "Todd Obadal, 124 Amity Drive, commented on the need for city council approval in accordance with the city ordinances of Waterloo prior to the disbursement of city funds". She also read Mr. Obadal's comments as recorded in the minutes January 22, 2018 as, "Todd Obadal, 124 Amity Drive, commented on the need for final quantity adjustments to be referred to as final quantity adjustments on the agenda". Mr. Morrissey questioned if the changes would be added or replacing the current text. Kelley Felchle explained Mr. Obadal wants the current text struck from the record and replaced. Mr. Amos commented he would not second a motion to amend without watching the video to confirm what was said in the meeting. Mr. Shimp questioned the timeline to approve and publish the minutes. Kelley Felchle explained the timeline. Mr. Morrissey requested that the Clerk's text remain and Mr. Obadal's comment be added. Mrs. Juon explained that the inclusion of Mr. Obadal's request would not impact any actions. Mr. Amos agreed to second the motion to amend. ORAL PRESENTATIONS Reed Craft, 912 Colby Road, and on behalf of the Salvation Army Advisory Committee, asked that two vacant lots on Franklin Street be sold to the Salvation Army. The lots are bordered on both sides by property owned by the Salvation Army. He stated that they have submitted an application but do not have an immediate project in mind at this time, and would be willing to pay the assessed value of the vacant lots. Noel Anderson, Community Planning and Development Director, commented that it would be beneficial to have a Work Session with Council to review the request and future land use. Jim Chapman, 224 Bench, commented on the recent article in the Courier regarding Mediacom and asked if a standing committee could be reinstated. February 5, 2018 Page 2 Mayor Hart explained that the article was incorrect, and Mediacom will soon be providing a statement to the Courier. He further explained that the standing committee was prior to the state franchise agreement and that he is looking into whether a committee is still needed with that change. Chris Shimp commented that he had a number of people contact him regarding the article and requested a Work Session to further discuss Mediacom. Sharon Juon explained she would like to also discuss how the city could enhance the services provided. Kelley Felchle, City Clerk, clarified that her contact at Mediacom is Corey Bowman, in Government Relations. Mayor Hart commented that staff will work with Corey to have him present at the Work Session to answer any questions. Margaret Klein thanked the Mayor for him getting her information on resident concerns regarding Waste Management. She stated that it does look bad when kayakers see black sludge coming out of a pipe into the river. She further commented on the need for a resolution that no outside entity may make use of the Waste Water facility without the approval of the Mayor and City Council. John Sherbon, 1715 Robin Road, questioned why employees did not have information on whether or not a vehicle was insured and the repairs paid for. Mayor and Council Monthly Reports Mr. Shimp thanked doctors for helping take care of his daughter when she was sick, he commented on Five Seasons Hair and Beard Studio and Rocket Doughnuts, he questioned if the city could live stream council meetings and share the YouTube videos on the city Facebook page. Mrs. Klein explained that she had the opportunity to tour the Central Middle School Career Center and commented that she was incredibly impressed with the facility. Mr. Morrissey shared resident concerns brought forth during his 49t` consecutive ward 3 meeting. Attendees included the Edison Neighborhood Association who, among other things, requested an update on the Edison School lot, and also concerns with the hazardous material under the old Waterloo Industries lot and Ansborough and Maynard. Mr. Jacobs commented on the need for improved street lighting in the Hummingbird Addition. Mayor Hart explained that he is traveling to Washington D.C. to discuss the transportation bill and will be presenting to Iowa Representatives on upcoming projects. He explained that Iowa Homeland Security is on site this week to take a look at flood sights from 2016. 146493 - Juon/Schmitt that the above oral comments and the monthly reports be received and placed on file. Voice vote - Ayes: Seven. Motion carried. CONSENT AGENDA 146494 - Juon/Schmitt Mr. Schmitt requested item 1.B.2.g. be removed from the consent agenda and considered separately. 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 February 5, 2018, in the amount of $3,189,076.03, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. February 5, 2018 Page 3 Resolution adopted and upon approval by Mayor assigned No. 2018-50. 2. Resolution approving the request of Travis Heimbuch for tax exemptions on the construction of a new single family home valued at $470,000 for property located at 4887 Shelley Ct. and located in the City Limits Urban Revitalization Area (CLG'RA). Resolution adopted and upon approval by Mayor assigned No. 2018-51. 3. Resolution approving the request of Doa Hoang and Canh Nguyen for tax exemptions on the construction of a new single family home valued at $315,000 for property located at 1115 Partridge Lane and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-52. 4. Resolution approving the request of Matthew and Alexis Henning for tax exemptions on the construction of a new single family home valued at $335,000 for property located at 1140 Partridge Lane and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-53. 5. Resolution approving the request of Skogman Homes for tax exemptions on the construction of a new single family home valued at $372,353 for property located at 1407 Falcon Ridge and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-54. 6. Resolution approving the request of Marla Myers for tax exemptions on the construction of a new single family home valued at $333,910 for property located at 4440 Charm Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-55. 7. Resolution approving the request of Ann Knudtson for tax exemptions on the construction of a new single family home valued at $451,801 for property located at 5012 South Fork Lane and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-56. 8. Resolution approving the request of Gary Vandello for tax exemptions on the construction of a new single family home valued at $400,000 for property located at 3827 Trent Lane and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-57. 9. Resolution approving the request of Debra Slater for tax exemptions on the construction of a new sun porch valued at $7,020 for a property located at 4002 Homer Street and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-58. 10. Resolution approving the request of Tyrus Meester for tax exemptions on the construction of a new home valued at $245,000 for property located at 205 Ogden Street and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-59. 11. Resolution approving the request of Thelma Hill for tax exemptions on the construction of home improvements valued at $37,775 for a property located at 536 Adams Street and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-60. February 5, 2018 Page 4 1. 12. Resolution approving the request of Richard Korneisel for tax exemptions on the construction of home improvements valued at $30,002 for a property located at 411 W Dale Street and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-61. 13. Resolution approving the request of Richard Komeisel for tax exemptions on the construction of home improvements valued at $9,267 for a property located at 917 W 1 lth Street and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-62. 14. Resolution approving the request of Laura and Richard Wright for tax exemptions on the construction of a new home valued at $155,000 for property located at 1220 Ann Street and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-63. 15. Resolution approving preliminary plans, specifications, form of contract etc., setting date of bid opening as March 8, 2018 and date of public hearing as March 12, 2018 for the FY 2019 Complaint Mowing with Complaint Snow Removal contract, and instruct City Clerk to publish said notice Resolution adopted and upon approval by Mayor assigned No. 2018-64. 16. Resolution approving request from Irving Elementary School to hold a 5K Race on April 21, 2018 from 9:30 a.m. to Noon, commencing and concluding in the area of Irving Elementary School, located at W. 5th Street and Locust Street, with the route primarily on the residential streets near the school. Resolution adopted and upon approval by Mayor assigned No. 2018-65. b. Motion to approve the following: a. b. c. d. e. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Dennis Gentz, Assistant City Engineer Iowa Concrete Paving Association 54th Annual Concrete Paving Workshop Altoona, IA February 7- 9, 2018 $210 Abraham Funchess, Jr., Executive Director 2018 National Community Reinvestment Coalition Annual Conference Washington, D.C. April 8-12, 2018 $2,845 Elizabeth Andres, Registrar and Chawne Paige, Curator - Waterloo Center for the Arts International Carnivale Celebration, Navy Pier Chicago, IL February 10-11, 2018 $350 Julie Dawson, Executive Director; Beverly Cosby, Housing Coordinator; Tajah Wright, Housing Coordinator Iowa NAHRO (National Association of Housing and Rehabilitation Officials) 2018 Annual Conference/Training West Des Moines, IA April 18-20, 2018 $2,355 Brock Weliver, Fire Inspector Fire Inspector 1 Certification Coralville, IA February 19 or March 2, 2018 $215 February 5, 2018 2. a. b. c. d. e. f. g. h. i. j. Page 5 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday The Broken Record, 315 W. 4th Street C Liquor w/Outdoor Service Renewal 01/20/2019 x Cedar Valley Fish Market, 218 Division Street B Beer Renewal 01/25/2019 Re -Appointment Grout Museum, 503 South Street Special C Liquor w/Outdoor Service Renewal 12/14/2018 x Jason's Place, 213 E. 5th Street C Liquor New 02/08/2019 x Singlespeed Brewing Company, 325 Commercial Street Brew Pub / C Liquor w/Outdoor Service Renewal 12/31/2018 x The Supervisor's Club, 3265 Dewitt Road C Liquor w/Outdoor Service Renewal 11/09/2018 x Trucker Bar, 1915 Bourland Avenue C Liquor Renewal 12/12/2018 x Veterans of Foreign Wars Club Post 1623, 1406 Commercial Street A Liquor w/Outdoor Service Renewal 01/14/2019 x XO Food & Liquor, 428 Franklin Street B Wine / C Beer Renewal 12/14/2018 x XO Food & Liquor, 428 Franklin Street E Liquor Renewal 12/14/2018 x 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Edward Ottesen Design Review Board 01/26/2021 Re -Appointment Richard Jaacks Design Review Board 02/02/2021 Re -Appointment Casey Gardner General Contractors Board of Licensing, Examiners & Appeals 02/16/2021 Re -Appointment 4. Recommendation of appointment of Jonathan Oehlerich, from the Civil Service list, to the position of Garage Mechanic, at the Public Works Central Garage, effective February 7, 2018. 5. Recommendation of appointment of Julianna Henrich to the position of Administrative Secretary in the Waste Management Department, effective February 12, 2018. 6. Recommendation of appointment of Ruth Muller to the position of Property Evidence Coordinator in the Police Department, effective February 6, 2018. 7. Cigarette/Tobacco/Nicotine/Vapor Permit New Application for Love's Travel Stop #702, 3301 Greyhound Drive, Suite A. Mr. Jacobs noted he will abstain on 1.B.2.i & 1.B.2.j. Mrs. Klein expressed concern for adding a full time position when the city is facing budget cuts. Sandie Greco, Interim Public Works Director, explained that the position is essential. Mayor Hart commented that the duties of departments will be included in the budget presentation. Mrs. Klein explained that this appointment is an expansion in the department. February 5, 2018 Page 6 Sandie Greco explained that the position is not an expansion and it was included in the previous budget. Mrs. Juon noted that the positon has already been approved by the Human Resources Committee. Lance Dunn, Human Resources Director, explained that the positions are approved when the budget is set and at this point in time it is about approving the individual, not the position. Mrs. Klein commented she opposes having to vote on something a prior council approved and feels it is better to delay the hiring until the new budget is set. Mayor Hart explained tb::t the position was approved prior to her becoming a council person and that it is her right to vote as she chooses on the appointment. Mr. Amos explained 1,1,;iy the position was needed in the budget. Mr. Jacobs commented that it would be beneficial to delay hiring until after the budget is set. Mr. Morrissey commented that the position is being paid for with the current budget and this is simply the last step of the process. He explained that lengthy discussions took place involving both the fire department and public safety on their need to keep their equipment and vehicles maintained. Mrs. Klein commented that the money that the city had last year may not be here this year and that she is asking for time to see how the budget unfolds. Mayor Hart commented that the city has services it needs to provide and that any positions that come before council have been scrutinized. Mrs. Klein commented that the candidate on item 5 was on her own interview panel. Steve Hoambrecker explained the process for hiring the individual who had been serving the department as a temporary employee since the retirement of his secretary. He noted that she had nothing to do with her own panel. Mrs. Klein described where she saw Ms. Henrich's name. Kelley Felchle explained that the document Mrs. Klein was referencing is actually the council communication. She further explained the process of building the agenda, which includes department secretaries submitting items into Novus for the department head's approval. Mr. Shimp requested the definition of temporary status. Steve Hoambrecker clarified the individual has been serving through a temporary agency with no benefits and he is recommending she be appointed to the budgeted full time position with benefits. Mayor Hart commented that council can vote how they deem, and that item 1.B.2.g. will be considered separately. Roll call vote -Ayes: Seven on all except Item 1.B.4. (Jacobs, Shimp, Klein, Schmitt) Abstain: One (Jacobs on items 1.B.2.i and 1.B.2.j). Motion carried on all items except 1.B.4, which failed. LIQUOR LICENSE 146495 - Schmitt/Amos to approve Class C liquor license renewal application from Trucker Bar, 1915 Bourland Avenue. Voice vote -Ayes: Seven. Motion carried. Dave Zellhoefer, City Attorney, explained he recently learned that an abatement plan had been submitted to the city and therefore believes the city would not be successful at a hearing with the alcohol board. February 5, 2018 Page 7 Mr. Jacobs commented that this process had been followed back in 2014 with this particular bar and questioned if this scenario could end up repeating itself. Dave Zellhoefer explained that some of the noise complaints are actually a result of the neighboring trucking company and have nothing to do with the alcohol license. He noted that any bar related complaints will be monitored and dealt with if they continue. Mayor Hart requested the leouncil be informed of service calls at the establishment on a quarterly basis. Mr. Schmitt questioned if these owners are the same that owned it in 2014 and at what point in time the city can close them down without the state intervening. Joe Leibold, Police Department, explained that if the bar fails to comply with the abatement plan, the city can take action. Mayor Hart recognized the new board and staff appointments. PUBLIC HEARINGS 146496 - Schmitt/Amos that proof of publication of notice of public hearing on request by Steven Hackbarth to rezone approximately 1.05 acres of land from "R-3" Multiple Residence District and "C-2" Commercial District to "C-1, C -Z" Conditional Zoning District, for the purposes of establishing an antique store and one apartment unit in a former church building, located at 719 West 6th Street, as published in the Waterloo Courier on January 26, 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. 146497 - Schmitt/Amos 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. 146498 - 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, approving a rezone of certain property, located at 719 West 6th Street", be received, placed on file, considered and passed for the first time Roll call vote -Ayes: Seven. Motion carried. Noel Anderson, Community Planning and Development Director, provided an overview of the request. Mr. Schmitt questioned if any other zoning or code issues exist. Noel Anderson explained there are building code issues that will need to be met for the commercial part of the building. Mr. Schmitt questioned if this building still has historical value. Noel Anderson explained if the owner chooses to use any state or federal historic tax credits, they would have to return the building to its original design. Mr. Schmitt questioned if the Historic Preservation Committee has been involved. Noel Anderson commented that the Historic Preservation Committee does not have jurisdiction over the site. Mr. Jacobs questioned if this action would add the property to the tax rolls. February 5, 2018 Page 8 Noel Anderson confirmed. Mrs. Klein questioned if the purpose of the building could be changed. Noel Anderson explained that the conditional zoning being requested is use specific and any changes would have to go back to the Planning Commission and to council for a final decision. Mr. Morrissey questioned if the concerns of the Technical Review Committee have been alleviated and if a certified architectural plan needs to be submitted for the renovation and building code review. Noel Anderson commented that the developer has been working with the building official to explore options for sprinkling the building and other code issues. Mr. Morrissey questioned if it is in the best interest of the city to rezone the property. Noel Anderson explained the benefit of the rezone for the property. Mayor Hart questioned the time frame for the project. Noel Anderson explained the approval would allow them to move forward, but does not believe it needs to happen in one night. 146499 - Schmitt/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Three. Nays: Four (Jacobs, Shimp, Klein, Schmitt). Motion failed. 146500 - Morrissey/Amos that proof of publication of notice of public hearing on Phelps Youth Pavilion Playscape Project, as published in the Waterloo Courier on January 19, 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. 146501 - Morrissey/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146502 - Morrissey/Amos that "Resolution confirming approval of plans, specifications, bid documents, form of contract, estimate of cost, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-66. 146503 - Morrissey/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-67. 146504 - Morrissey/Amos Motion to receive and file and instruct City Clerk to read bids. Bidder Bid Security Bid Amount Atomic Themeworks Mfg, Inc. Surrey, BC CANADA Ck #542825 5% $74,995.00 February 5, 2018 Page 9 KidsSteam Dallas, TX 5% $75,000.00 Soft Play u Huntersville, NC 5 /o $74,999.00 Voice vote -Ayes: Seven. Motion carried. 146505 - Morrissey/Amos that "Resolution approving award of bid to Soft Play of Huntersville, North Carolina, in the amount of $74,999, in conjunction with the Phelps Youth Pavilion Playscape Project, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-68. 146506 - Shimp/Morrissey that proof of publication of notice of public hearing on Purchase of one (1) 4 Wheel Drive Compact Pickup With Crew Cab, as published in the Waterloo Courier on January 26, 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. 146507 - Shimp/Morrissey that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146508 - Shimp/Morrissey that "Resolution confirming approval of specifications, bid document, form of contract, etc.", be adopted. Roll -call vote -Ayes: Six. Nays: One (Klein). Motion carried. Mr. Shimp requested an overview of the purchase. Sandie Greco explained that the vehicle was a 2009 Ford Ranger that was in an accident that totaled the vehicle and it was sold in silent auction. Since then they have been driving an older vehicle. Chris Shimp questioned if the city is self-insured on this vehicle. Sandie Greco confirmed. Mrs. Klein questioned if the employee was drug and alcohol tested. Lance Dunn, explained City policy is to have an employee tested following an accident and noted he is unaware of what happened in this particular situation. Sandie Greco explained that Code Enforcement was under Waste Management at that time. Mrs. Klein questioned the circumstances of the accident. Dave Zellhoefer explained the employee reported hitting an ice patch while driving on Highway 218 and hit a guard rail. Mayor Hart requested that Dave find out if the employee was tested and get that information back to Mrs. Klein. Resolution adopted and upon approval by Mayor assigned No. 2018-69. 146509 - Shimp/Morrissey February 5, 2018 Page 10 that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Six. Nays: One (Klein). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-70. 146510 - Shimp/Morrissey Motion to receive and file and instruct City Clerk to read bids. Bidder Bid Amount Community Motors Co., Inc. Cedar Falls, IA $27,349.20 Jerry Roling Motors Waverly, IA $27,222.59 Rydell Chevrolet Waterloo, IA $27,289.80 Witham Auto Centers Waterloo, IA $27,713.00 Pat McGrath Chevyland Cedar Rapids, IA $26,517.00 Karl Chevrolet Ankeny, IA $26,322.30 Voice vote -Ayes: Seven. Motion carried. 146511 - Shimp/Morrissey that "Resolution to award bid to Karl Chevrolet of Ankeny, Iowa in the amount of $26,322.30", be adopted. Roll -call vote -Ayes: Six. Nays: One (Klein). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-71. RESOLUTIONS 146512 - Amos/Klein that "Resolution approving a Professional Services Agreement with Pro West & Associates in the amount of $12,688.69 for completion of the road centerline addressing layer for the City's GIS (Geographic Information System) and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-72. 146513 - Amos/Klein that "Resolution approving an acquisition contract with Jan Antonie Van Tonder and Heleen Van Tonder to receive a donated 9,380 square foot property, located southeast of 1128 Washington Street (Highway 218), near the southwest corner of Washington Street and West 1 lth Street, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Nays: One (Shimp). Motion carried. Mr. Shimp questioned if development is planned for the parcel. Noel Anderson explained that a specific project is not planned at this point in time but development is progressing in the area and the city owns property in neighborhood and the mowing costs would be minimal due to the city owning adjoining properties. Mr. Shimp commented that at this time the city would be moving this property from a revenue generator to costing the city funds. Noel Anderson confirmed and noted that yearly taxes are $276. He commented that accepting the donation, would allow the city to avoid paying a higher price later when there is a project. February 5, 2018 Page 11 Resolution adopted and upon approval by Mayor assigned No. 2018-73. 146514 - Amos/Klein that "Resolution approving Convention and Visitors Bureau Board recommendation for funding a hotel/motel Mini -Grant application for the First Robotics Competition Iowa Regional, in the amount of $2,438.40", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-74. ORDINANCES 146515 - Shimp/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, approving a rezone of certain property, located at and adjacent to 200 Nevada Street", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 146516 - Shimp/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Three. Nays: Four (Jacobs, Shimp, Klein, Schmitt). Motion failed. 146517 - Amos/Morrissey that "an Ordinance adopting the Waterloo, Iowa Airport Land Use and Height Overlay Zoning Ordinance, regulating height and use restrictions in the vicinity of the airport to avoid airport hazards", be received, placed on file, considered and passed for the second time. Roll call vote - Ayes: Seven. Motion carried. 146518 - Amos/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 146519 - Amos/Morrissey that "an Ordinance adopting the Waterloo, Iowa Airport Land Use and Heiglht Overlay Zoning Ordinance, regulating height and use restrictions in the vicinity of the airport to avoid airport hazards", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5435. 146520 - Morrissey/Shimp that "an Ordinance amending the 2008 Traffic Code, Section 540 - Obedience to Official Traffic - Control Devices, by deleting subsections (88) First Street (E) and Mulberry Street - Pre -timed and (90) First Street (E) and Sycamore Street - Pre -Timed", as signals have been removed, be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested an overview. Sandie Greco explained that the DOT did a traffic study and they have elected not to replace the traffic signals. Mr. Morrissey questioned if the item was not approved, would the DOT still not replace the signals. Sandie Greco confirmed the lights would not be replaced. February 5, 2018 Page 12 Mr. Schmitt questioned if the city has any alternatives. Sandie Greco explained that the city does not have alternatives since the road is owned by the DOT. Mr. Morrissey commented that it is his understanding that the DOT does not believe that safety is an issue at these intersections and that they also wanted to remove the signals from Lafayette Street but Mohammed Et was able to convince them otherwise. Sandie Greco explained that the DOT's decision is based on their traffic study alone. 146521 - Morrissey/Shimp that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Five. Nays: Two (Jacobs and Schmitt). Motion failed. 146522 - Klein/Amos that "an Ordinance amending the 2008 Traffic Code, Section 543 - Thru Streets by deleting Subsection (57) First Street (E) and adding in lieu thereof a new Subsection (57) First Street (E)", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 146523 - Klein/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, Morrissey, and Schmitt). Motion failed. 146524 - Shimp/Amos that "an Ordinance amending the 2008 Traffic Code Section 543 - Thru Streets, by deleting Subsection (177) Walnut Street, and adding in lieu thereof a new Subsection (177), Walnut Street as follows: (144) Walnut Street — Clay Street to South Barclay Street except for traffic signals at East Park Avenue East Fourth Street, Martin Luther King Jr. Drive northbound, Martin Luther King Jr. Drive southbound, except 4 -way stop at east Third Street", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested an overview. Sandie Greco provided an overview of the item and explained that Mohammad Elahi did an extensive study of the area. 146525 - Shimp/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 146526 - Shimp/Morrissey that "an Ordinance amending the 2008 Traffic Code Section 543 - Thru Streets, by deleting Subsection (177) Walnut Street as follows: (144) Walnut Street — Clay Street to South Barclay Street except for traffic signals at East Park Avenue East Fourth Street, Martin Luther King Jr. Drive northbound, Martin Luther King Jr. Drive southbound, except 4 -way stop at east Third Street, and adding in lieu thereof a new Subsection (177), Walnut Street", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5436. 146527 - Morrissey/Shimp that "an Ordinance amending the 2008 Traffic Code, Section 544 - All Way Stop Intersections, by adding Subsection (37) Walnut Street as follows: (37) Walnut Street from Clay Street to E. 3rd February 5, 2018 Page 13 Street", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 146528 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 146529 - Morrissey/Amos that "an Ordinance amending the 2008 Traffic Code, Section 544 - All Way Stop Intersections, by adding Subsection (37) Walnut Street as follows: (37) Walnut Street from Clay Street to E. 3rd Street", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5437. OTHER COUNCIL BUSINESS 146530 - Amos/Morrissey that motion approving Change Order No. 1 for a net increase of $3,000, to Lehman Trucking & Excavating, Inc., in relation to demolition services at 216-220 Commercial Street, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. Noel Anderson provided an overview of the item. Mr. Shimp commented that this work was very necessary especially for individuals who utilize the SportsPlex and Young Arena. EXECUTIVE SESSION 146531 - Morrissey/Juon that the council adjourn Executive Session at 7:08 p.m., to discuss litigation strategy with counsel, pursuant to Iowa Code §21.5(1)(c). Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 146532 - Juon/Morrissey that the Council adjourn at 8:10 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Fele City Clerk