HomeMy WebLinkAboutMinutes-August 27, 2018August 27, 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, August 28, 2018. Mayor Quentin Hart in the Chair. Roll Call:
Jacobs, Morrissey, Klein, Amos, Schmitt, and Juon.
Prayer or Moment of Silence.
Pledge of Allegiance: Jamie Knutson, Interim City Engineer
146420 - Juon/Schmitt
that the Agenda, 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.
146421 - Juon/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, August 20, 2018, at 5:30 p.m.,
be accepted and approved. Mrs. Juon noted a correction was made in the minutes regarding the
resolution setting the date of a Special Election as November 6, 2018, which had language stating it
had passed when the vote actually failed. Voice vote -Ayes: Six. Motion carried.
ORAL PRESENTATIONS
Duane Eilers, 1205 Bishop, commented the Council should consider firing the City Clerk and City
Attorney as they are not doing their job.
Mayor Hart asked Mr. Eilers to refrain from making slanderous remarks regarding employees and to
keep his comments germane.
Mr. Eilers made comments regarding his complaints to Code Enforcement about continued
violations at the property on 18th and Lafayette Streets, a property in close proximity to that house
and other properties throughout the City, with regards to overgrown weeds and unlicensed vehicles.
Mayor Hart directed City Attorney Dave Zellhoefer to review the property at 18th and Lafayette
Streets regarding weeds and unlicensed vehicles.
Bruce Kaesser, CRC Apartments, invited the Council to tour the CRC Apartments.
Sue Vogel, resident of Ward 5, commented she is disappointed in the council's decision not to
appoint a representative for Ward 5. Vogel feels the position should have been put on the ballot for
November 11th to save tax dollars or in October to expedite electing representation for their ward.
Vogel explained Ward 5 is being neglected with no representation, that the delay for electing a
representative does not express the wishes of Ward 5 citizens and that personal agendas have no
place in the decision for replacing the Ward's representation.
Forrest Dillavou, 1725 Huntington Road, commented with regards to his complaints about the
property located on West 5th street with what he feels are building code violations.
Mayor Hart commented that Mrs. Klein had forwarded him an email regarding the same question.
Noel Anderson, Community Planning and Development Director explained that the Building
Department inspected the materials at this property and that the materials are in compliance with the
building code.
Sam Neil, 515 Kingbard Boulevard, questioned roundabouts at the intersection of University and
Fletcher Avenues in correlation to accidents, seeding and clean-up of area after construction, grade
and run-off, and the sign placement at Kingbard and Columbia.
Mayor Hart indicated the sign on Kingbard and Columbia has been corrected and that Jamie
Knutson, would contact him to respond regarding the other issues.
Jim Chapman, 224 Bertch, questioned properties if the properties located at Williston, Lafayette and
Baltimore would be converting back to the City soon.
August 27, 2018
Page 2
Noel Anderson explained they have been working with John Rooff and Jim Ellis through the
Residential Partners Development Agreement, who have since split and as a result the City is
working on amending that development Agreement to move forward with the projects.
Mayor Hart questioned if a record is indicating the investment made in conjunction with this and the
other infill projects do we have a chart on investments made on projects to the city. What is the tax
base on these?
Noel Anderson explained Mr. Rooff has invested $750,000 on the west side and 7.5 million on the
east side in housing projects.
Mayor Hart questioned the tax base of the projects.
Noel Anderson questioned if the he was speaking about projects overall or sites specific to this
project?
Mayor Hart asked that John Rooff give the council an update and that he speak with Mr. Chapman to
respond to his questions.
Mr. Schmitt questioned if the Lafayette School wasn't with the City.
Noel Anderson explained the school was under the same development agreement therefore the City
hasn't taken any formal action to change or amend that agreement to move ahead with regards to the
school.
Mr. Schmitt questioned who currently holds title to the Lafayette School.
Noel Anderson responded that the Lafayette School is currently in the City's name according to the
provisions of conveyance stated in the development agreement.
John Sherbon, 1715 Robin Road, made comments regarding the location of stop signs on
Ansborough Avenue and the intersection by VGM and Kwik Star being hazardous and the need for
better planning in the future for moving traffic in these types of areas.
Mayor Hart asked the Interim Public Works Director to research the intersection with regards to Mr.
Sherbon's comments.
Mr. Morrissey commented Waterloo is hosting Iowa Downtown Conference which will be held
August 28-29, 2018 at the Waterloo Center for the Arts, which will be hosting numerous speakers,
tours and live entertainment at the amphitheater, and encourages council members interested in
preservation and economic development of the downtown area to attend.
Mr. Schmitt commented with regards to the Ward 5 vacancy that he and possibly other council
members indicated they wanted to look at all the options, including appointment, and he believed
this was set for discussion on this agenda but was removed from the agenda as the City Clerk was
going to be absent. Mr. Schmitt stated this is a conversation that will be had and that he has invited
an employee from the County Auditor to be present next week to assist with that discussion.
Mayor Hart explained, knowing they needed to move expeditiously, a work session was held prior to
the action being taken by the council last week with no questions being presented at that meeting.
Mayor Hart further explained all information on options presented, including timelines and filing
dates, were obtained directly from the Black Hawk County Auditor's office and the State Auditor's
office.
146422 - Juon/Amos
that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion
carried.
CONSENT AGENDA
146423 - Juon/Schmitt
August 27, 2018 Page 3
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 August 27, 2018,
in the amount of $3,170,103.91, 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. 2018-626.
2. Resolution approving noise variance request from Deacon Michael Lien of New Living Hope
Apostolic Church to hold a community outreach event at Lincoln Park on September 22,
2018 from 10:00 a.m. to 2:00 p.m. and again on September 29, 2018 from 10 a.m. to 4 p.m.
including the use of a PA system.
Resolution adopted and upon approval by Mayor assigned No. 2018-627
3. Resolution approving request from Michael Fecht for a waiver for a concrete driveway
located at 4837 Charolais Drive, and authorize the construction of a concrete driveway and
placing a driveway or sidewalk on city right-of-way on an unimproved street.
Resolution adopted and upon approval by Mayor assigned No. 2018-628
4. Resolution approving request to certify assessment to 211 Fowler Street in the amount of
$4,185, 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. 2018-629
5. Resolution approving specifications, form of contract, etc. and setting the date of bid opening
as September 20, 2018, and public hearing as September 24, 2018, in conjunction with the
2018 Carnegie Annex Roof Replacement Project, and instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2018-630
6. Resolution setting the date of public hearing as September 10, 2018 to approve the request by
to vacate, sell and convey a 20 foot x 100.46 foot public alley located northwest of 2022
Jefferson Street to Steis Holdings in the amount of $2,150.92, subject to a private easement
being maintained over the vacated alley to allow access to 321 W. 18th Street, and subject
to a public easement to be retained for utilities, and authorize City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2018-631
7. Resolution approving preliminary plans, specifications, form of contract etc., and setting date
of bid opening as September 13, 2018 and date of public hearing as September 17, 2018 for
the purchase of one (1) 2018 Triple Combination Pumper for Waterloo Fire Rescue, and
instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2018-632
8. Resolution setting a date of public hearing as September 10, 2018 to approve a Purchase and
Sale Contract for city owned property located at the northwestern corner of Martin Luther
King Jr. Drive and Idaho Street, in the amount of $12,000 with development agreement, to
The Overland Group, LLC, and instruct City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2018-633
9. Resolution approving the request of Christopher Hagness for tax exemptions on the
construction of a new single family home valued at $595,000 for property located at 5119
South Fork Lane, and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2018-634
August 27, 2018 Page 4
1.
2.
10. Resolution approving the request of Shelia Mattoon for tax exemptions on the construction
of a new single family home valued at $307,099 for property located at 1263 Partridge Lane,
and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2018-635
11. Resolution approving the request of Matthew J. Buenger for tax exemptions on the
construction of a new single family home valued at $353,173 for property located at 1737
Waxwing Way, and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2018-636
12. Resolution approving the request of OIP Real Estate, LLC for tax exemptions on the
construction of home improvements valued at $30,000 for a property located at 424 Peek
Street, and located within the Consolidated Urban Revitalization Area (CURA).
Resolution adopted and upon approval by Mayor assigned No. 2018-637
13. Resolution approving the request of Lee and Mary Galloway for tax exemptions on the
construction of home improvements valued at $37,000 for a property located at 633 Boston
Avenue, and located within the Consolidated Urban Revitalization Area (CURA).
Resolution adopted and upon approval by Mayor assigned No. 2018-638
b. Motion to approve the following:
a.
b.
a.
b.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Sarah Kempen
Iowa's River Restoration
Toolbox
Cedar Falls,
IA
September
24-27, 2018
$600.00
Paul Huting, Leisure
Services Director
Iowa Park and
Recreation Association
Fall Workshop
Fort Dodge,
IA
September
11-12, 2018
$238.00
Approved Beer, Liquor, and Wine Applications
Name & Address of Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Casey's Pub & Eatery, 1125
W. Donald Street
C Liquor
w/Outdoor Service
Renewal
7/31/2019
x
Tobacco Outlet Plus #500,
1803 LaPorte Road
C Beer
Renewal
10/14/2019
x
3. Application for Fireworks Display in conjunction with the Mayor's Firework Labor Day Kick -Off
event to be held at Park Avenue Bridge, on Friday, August 31, 2018, at 9:45 p.m. for approx. 20
minutes.
Mr. Schmitt questioned the resolution approving the three-year agreement regarding the annual City
audit that was considered on the August 20, 2018 agenda and asked that it be brought back for
discussion.
Mayor Hart questioned as the action related to the consent agenda this was not the time to ask for this
action.
Mr. Morrissey commented the agenda was already approved earlier and this was not considered in
that action.
Mr. Schmitt agreed to speak with Mayor and the Michelle Weidner, Chief Financial Officer to answer
his questions after the meeting.
August 27, 2018
Roll call vote -Ayes: Six. Motion carried.
PUBLIC HEARINGS
146424 - Schmitt/Amos
Page 5
that proof of publication of notice of public hearing on Anaerobic Digester #3 Cleaning Project,
Contract No. 953, as published in the Waterloo Courier on August 13, 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.
146425 - Schmitt/Amos
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
146426 - 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. 2018-639
146427 - 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. 2018-640
146428 - Schmitt/Amos
Motion to receive and file and instruct City Clerk to read bids.
Estimate: $65,000.00
Bidder
Bid Security
Bid Amount
Nutri-Ject Systems, Inc.
Hudson, IA
o
5 /o
$63,050.00
Metro -Ag Waste Injection Systems, Inc.
Breese, IL
o
5 /o
$74,800.00
Voice vote -Ayes: Six. Motion carried.
146429 - Schmitt/Amos
that "Resolution awarding bid to Nutri-Ject Systems, Inc. of Hudson, Iowa in the amount of $63,050,
and approving the contract, bonds and certificate of insurance for the Anaerobic Digester #3
Cleaning Project, Contract No. 953, 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. 2018-641
146430 - Morrissey/Amos
that proof of publication of notice of public hearing on 2018 Fall Stump Removal Project, as
published in the Waterloo Courier on August 17, 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.
August 27, 2018
146431 - Morrissey/Amos
Page 6
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
146432 - Morrissey/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. 2018-642
146433 - Morrissey/Amos
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-643
146434 - Morrissey/Amos
Motion to receive and file and instruct City Clerk to read bids.
Estimate: $110,000.00
Bidder
Bid
Security
Bid Amount
Schaefer Tree & Lawn Service
Waterloo, IA
5%
$161,500.00
Wilson Custom Tree
Cresco, IA
5%
$105,307.89
Tree Pros
Waterloo, IA
5%
$97,200.00
Vieth Construction, Cedar Falls
5%
$258,000.00
Voice vote -Ayes: Six. Motion carried.
146435 - Morrissey/Amos
that "Resolution awarding the 2018 Fall Stump Removal Project bid to Tree Pros of Waterloo,
Iowa, in the amount of $97,200, 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. 2018-644
146436 - Schmitt/Amos
that proof of publication of notice of public hearing on FY 2019 Waterloo Yard Waste Water and
Sanitary Sewer Extension, Contract 952, as published in the Waterloo Courier on August 20, 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.
146437 - Schmitt/Amos
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
146438 - Schmitt/Amos
that "Resolution confirming approval of specifications, bid documents, form of contract, etc.", be
adopted. Roll -call vote -Ayes: Six. Motion carried.
August 27, 2018 Page 7
Resolution adopted and upon approval by Mayor assigned No. 2018-645
146439 - 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. 2018-646
146440 - Schmitt/Amos
Motion to receive and file and instruct City Clerk to read bids and refer to Interim Public Works
Director for review.
Estimate: $283,505.00
Bidder
Bid
Security
Bid Amount
Lodge Construction, Inc.
Clarksville, IA
5%
$242,253.00
Dave Schmitt Construction Co., Inc.
Cedar Rapids, IA
5%
$319,371.75
Vieth Construction Corp.
Cedar Falls, IA
°
5 /o
$261,832.50
Boomerang Corp.
Anamosa, IA
°
5 /o
$307,687.00
Summers' Enterprise, Inc.
Masonville, IA
$249,986.05
Voice vote -Ayes: Six. Motion carried.
RESOLUTIONS
146441 - Amos/Morrissey
that "Resolution approving submission of a grant application to the Community Foundation of
Northeast Iowa, in an amount not to exceed $15,677, to replace ash trees in Miriam's Park
and Prairie Grove Park", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-647
146442 - Amos/Morrissey
That "Resolution approving new Young Arena ice rental rates for the 2018-2019 season and
the 2019-2020 season", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-648
146443 - Amos/Morrissey
that "Resolution approving a five (5) year beverage sales agreement with Pepsi Beverages Company,
and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six.
Motion carried.
Mrs. Klein questioned why they are planting in Miriam's Park if the City is giving that to the school
system.
Paul Huting, Leisure Services Director, explained a portion of the park is being deeded over to the
school system but the plantings will be in the portion remaining with the City.
Resolution adopted and upon approval by Mayor assigned No. 2018-649
146444 - Morrissey/Amos
August 27, 2018
Page 8
that "Resolution approving Methamphetamine Drug Hot Spots grant money as a sub -recipient from
the Governor's Office of Drug Control Policy, in the amount of $23,000.00 with no matching funds
required, to provide overtime funds to assist in mid and high level methamphetamine investigations,
and authorize the Mayor and Chief of Police to execute said document", be adopted. Roll call vote -
Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-650
146445 - Morrissey/Amos
that "Resolution approving a request by CGA Engineers on behalf of Fusion Investments, for the
preliminary plat of Cedar Valley Crossing, a ten (10) lot commercial/industrial subdivision, located
southwest of 3353 Mamie Avenue", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-651
146446 - Schmitt/Amos
that "Resolution approving a Revitalize Iowa's Sound Economy (RISE) application for local
development with a total project cost of $520,365, designating the Mayor as the official
representative of the City, authorizing the Mayor to affix his signature to said application providing
financial assurances in conjunction with same, accepting responsibility for improvements to
University Avenue access improvements to the former Weissman Steel site, and authorize the Mayor
and City Clerk to execute any necessary documents", be adopted. Roll call vote -Ayes: Six. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-652
146447 - Schmitt/Amos
that "Resolution approving a Revitalize Iowa's Sound Economy (RISE) Immediate
Opportunity application for local development, designating the Mayor as the official representative
of the City, authorizing the Mayor to affix his signature to said application, providing financial
assurances in conjunction with same, accepting responsibility for improvements to Mamie Avenue
at a total project cost of $630,395, and authorize the Mayor and City Clerk to execute any necessary
documents", be adopted. Roll call vote -Ayes: Six. Motion carried.
Forest Dillavou-1725 Huntington Road, commented that wonderful changes have been made to the
old Weisman Steel plant and questioned if the changes will destroy or enhance the improvements.
Noel Anderson, Community Planning and Development Director explained the RISE funds would
improve turn lanes, allow direct access to the site and allow the option of removing the bridge over
Black Hawk Creek, increasing flooding capacity.
Resolution adopted and upon approval by Mayor assigned No. 2018-653
146448 - Morrissey/Amos
that "Resolution of consent to allow the conveyance of property subject to a development agreement
from Black Hawk Contracting to a neighboring property owner, located at 324 Madison Street, 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. 2018-654
146449 - Morrissey/Amos
that "Resolution approving a Professional Services Agreement between AECOM Technical
Services, Inc. for floodplain analysis within the City owned Wagner Road subdivision, in the amount
of $12,500, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll
call vote -Ayes: Six. Motion carried.
Mr. Schmitt requested an overview of the agreement with Black Hawk Contracting.
August 27, 2018 Page 9
Noel Anderson, Community Planning and Development Director explained the contract was in
connection with the former purchase and demolition of the former Francis Grout School and the
development agreement with Mr. Roof to develop housing on the site. The neighboring property
owner wishes to acquire 10 feet of the property next to his lot which would still allow the same
number of home to be built on the lot, per the development agreement.
Resolution adopted and upon approval by Mayor assigned No. 2018-655
ORDINANCES
146450 - Schmitt/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 received, placed on file,
considered and passed for the second time.
Jim Chapman, 224 Bertch, commented the neighborhood is saturated with liquor stores and stated he
is in favor of the ordinance.
Carol Gustafson, 209 Forest Avenue, agreed the neighborhood is saturated with liquor stores and
that she is also in favor of the overlay ordinance.
Judy Ciesielski, 210 Williston, listed the stores making liquor available in this area and indicated she
was in favor of the ordinance.
Roll call vote -Ayes: Six. Motion carried.
146451 - Schmitt/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Five. Nays: One (Klein). Motion failed.
OTHER COUNCIL BUSINESS
146452 - Morrissey/Amos
that the arbitrage test results reflecting that no payment is due to the Internal Revenue Service for the
General Obligation Bonds Series 2012A, Series 2012B and Series 2013A bonds., be received, placed
on file and approved. Voice vote -Ayes: Six. Motion carried.
ADJOURNMENT
146453 - Morrissey/Amos
that the Council adjourn at 6:19 p.m. Voice vote -Ayes: Six. Motion carried.
LeAin M. EveCMC, IaCMC
Deputy City Clerk