HomeMy WebLinkAboutMinutes-February 04, 2019February 4, 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, February 4, 2019. Mayor Quentin Hart in the Chair. Roll Call:
Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon.
Prayer or Moment of Silence.
Pledge of Allegiance: Dave Zellhoefer, City Attorney
145803 - Juon/Feuss
that the Agenda, as proposed, for the Regular Session on Monday, February 4, 2019, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
145804 - Juon/Feuss
that the Minutes, as proposed, for the Regular Session on Monday, January 28, 2019, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
Jim Chapman, 224 Bertch, commented that the city is giving a vacant building a refund and that he
has been down to the city to try and get a refund for a woman that lives at 210 Williston. He asked
that the city give the woman who lives at 210 Williston a refund for $1,900.
Gary Steen, 51 Medina Road, asked that a statue be erected to honor Kevin Dill. He explained that
Kevin Dill is the former Executive Director to Black Hawk County Veterans Affairs. Donations will
be taken at the Waterloo American Legion and an account will be set up at a local bank. He asked
the city to donate funds.
Aaron Stacey Roberts, 411 Almond Street, stated that he gave the city a packet that explained that
his children are living under duress.
David Dryer, 3145 W. 4th Street, expressed concern that a sewer refund is being given to a private
company for an empty building that had a high sewer fee. He stated that the fee needs to be further
investigated as to why the fee was so high.
Michelle Weidner, Chief Financial Officer, explained the sewer refund process and why the
company received a $20,000 refund.
Forrest Dillavou, 1725 Huntington Road, commented on the emergency $20,000 sewer repair that
should have been paid out of the sewer fund if it was not.
John Sherbon, 1715 Robin Road, thanked the city for releasing funds from the sewer fund and that
the funds should be used to repay bond debt.
Mayor Hart questioned if the city's debt shrank over the last year.
Michelle Weidner explained that the city's general obligation indebtedness decreased over the last
year. She explained that valuation was released from the TIF.
145805 - Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
145806 - Juon/Schmitt
that the following items on the consent agenda be received, placed on file and approved:
a. Resolutions to approve the following:
February 4, 2019
1.
2.
Page 2
1. Resolution approving Finance Committee Invoice Summary Report, dated February 4, 2019,
in the amount of $2,238,136.29, 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. 2019-61.
2. Resolution approving the request of Matthew L. Glenn for tax exemptions on the
construction of a new single family home valued at $240,000 for property located at 1935
Rainbow Drive, and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2019-62.
3. Resolution approving the request of Tammy Huggins for tax exemptions on the construction
of a new garage valued at $28,000 for the property located at 1920 Idaho Street and located
within the Consolidated Urban Revitalization Area (CURA).
Resolution adopted and upon approval by Mayor assigned No. 2019-63.
b. Motion to approve the following:
a.
b.
a.
b.
d.
e.
f.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Steve Hoambrecker, Director
Waste Management Services
Director, Brian Bowman,
Treatment Operations
Assistant Director, Jesse
Gaherty, Maintenance
Foreman & Brad Manahl,
Treatment Operator/Foreman
Site Visits - new
equipment
technology
Dubuque,
Rockford,
IL, Kenosha,
WI, if not
Waterloo
February 5-
6, 2019
$580
Dennis Gentz, Assistant City
Engineer
Iowa Concrete
paving
Association 55th
Annual Concrete
paving Workshop
Des Moines,
IA
February 6-
8, 2019
$445.20
Amended
to add
lodging
Approved Beer, Liquor, and Wine Applications
Name & Address of Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Carlos O'Kelly's
C Liquor
w/Outdoor
Service/Catering
Renewal
12/30/2019
x
HyVee Gas #2, 2221 Logan
Avenue
C Beer
Renewal
01/20/2020
x
Sabor Latino Restaurant,
1927 Jefferson Street
B BeerBB/Includes
Wine Coolers
New
01/14/2020
x
S.A.C.'s Neighborhood Pub,
2000 Hawthorne Avenue
C Liquor
w/Outdoor Service
Renewal
01/31/2020
x
The Other Place, 360 E.
Ridgeway Avenue
C Liquor
Renewal
01/25/2020
x
Wishbone, 201 W. 18th
Street
C Liquor
w/Outdoor Service
Renewal
01/31/2020
x
3. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration
Date
1 New or
1 Re -Appointment
February 4, 2019
Page 3
Rodney Butz
Memorial Hall Commission
12/31/2021
New
Ray Feuss
Complete Streets Advisory
Committee
None
New
Roll call vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
145807 - Schmitt/Amos
that proof of publication of notice of public hearing on request by Wade Fleming to rezone 4.79
acres from "R-3" Multiple Residence District and "C-2" Commercial. District to "C-2" Commercial
District, located north of 1685 Independence Avenue., as published in the Waterloo Courier on
January 25, 2019, 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.
145808 - 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.
145809 - 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 rezoning 4.79 acres
from "R-3" Multiple Residence District and "C-2" Commercial District to "C-2" Commercial
District, for construction of commercial building/buildings", be received, placed on file, considered
and passed for the first time. Roll call vote -Ayes: Seven. Motion carried.
145810 - Schmitt/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried.
Noel Anderson, Community Planning and Development Director, explained that Mr. Fleming
requested that the council suspend the rules to keep the project moving.
Mr. Schmitt questioned if Mr. Fleming was going to be working on the property this time of year or
if this is just part of a series of steps that need to be completed.
Noel Anderson explained it was strictly to complete the acquisition.
Mrs. Juon questioned if the entire parcel was being acquired by Mr. Fleming.
Noel Anderson confirmed.
145811 - 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 rezoning 4.79 acres
from "R-3" Multiple Residence District and "C-2" Commercial District to "C-2" Commercial
District, for construction of commercial building/buildings", be considered and passed for the second
and third times and adopted. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5480.
145812 - Morrissey/Amos
February 4, 2019 Page 4
that proof of publication of notice of public hearing on Amendment to the City of Waterloo Zoning
Ordinance No. 5079 regulating the sale of fireworks, as published in the Waterloo Courier on
January 25, 2019, 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.
145813 - Morrissey/Amos
that the hearing be closed and oral and written comments and recommendation of approval of
Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
145814 - Morrissey/Amos
that "an Ordinance amending Ordinance No. 5079, as amended, the City of Waterloo Zoning
Ordinance, regulating the sale of fireworks", be received, placed on file, considered and passed for
the first time. Roll call vote -Ayes: Six. Nays: One (Jacobs). Motion carried.
Aric Schroeder, City Planner, provided an overview of the ordinance changes.
Mr. Schmitt questioned if businesses currently selling fireworks would be grandfathered.
Aric Schroeder confirmed and noted that this applies to permanent structures.
Mr. Schmitt questioned the purpose of the ordinance change.
Aric Schroeder explained the changes will address safety and aesthetics.
Mr. Schmitt questioned if the tents were primarily in parking lots.
Aric Schroeder explained that some of the commercial properties abut residential properties and that
the zoning ordinance is designed to address these circumstances.
Mrs. Juon requested an overview of what the state legislature is proposing to change to fireworks
legislation.
Aric Schroeder explained that a bill exists at the state that would pre-empt cities from regulating
fireworks and zoning and that he is unsure what the outcome will be.
Mr. Jacobs questioned if the change would stipulate what business owners can sell and where or if it
is trying to regulate aesthetics.
Aric Schroeder explained that the ordinance is regulating aesthetics by limiting setbacks and where
sales can take place.
Mr. Jacobs questioned if this ordinance effectively sets a precedence on how other business owners
may conduct business in the future.
Aric Schroeder explained that the basic premise of zoning is to regulate what can be sold or
manufactured or built and where.
Noel Anderson clarified that fireworks would be able to be sold within gas stations or other
structures.
Mr. Morrissey explained that he believes that the ordinance changes is an aesthetics issue, public
safety issue, and a common sense solution to making fireworks sales more safe.
145815 - Morrissey/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: One. Nays: Six (Jacobs, Morrissey, Feuss, Klein, Amos, and
Schmitt). Motion failed.
February 4, 2019 Page 5
145816 - Amos/Morrissey
that proof of publication of notice of public hearing on Asbestos survey services for properties
located 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, as published in the Waterloo Courier on January
22, 2019, 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.
David Dryer, 3145 W. 4th Street, questioned if these properties were acquired through 657A and how
many properties the city owns.
Noel Anderson explained that all of the properties are 657A properties and the city owns over 160
657A properties for future development or demolition.
145817 - Amos/Morrissey
that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
145818 - Amos/Morrissey
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Mr. Schmitt questioned if the city is rock solid in its ownership on 2127 E. 4th Street.
Dave Zellhoefer, City Attorney, explained the city has title to the property.
Resolution adopted and upon approval by Mayor assigned No. 2019-64.
145819 - Amos/Morrissey
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-65.
145820 - Amos/Morrissey
Motion to receive and file and instruct City Clerk to read bids and refer to Community Planning and
Development Director for review.
Estimate: $12,500
Bidder
Bid Security
Bid Amount
AAA Budget Environmental, Inc.,
Monticello, IA
No Bid Bond
Bid Rejected
Hawkeye Environmental
Solon, IA
5%
$8,100.00
Terracon
Cedar Falls, IA
5%
$13,875.00
New Horizons, LLC
Lincoln, NE
Bid Received Late
Bid Rejected
Voice vote -Ayes: Seven. Motion carried.
145821- Schmitt/Amos
February 4, 2019 Page 6
that proof of publication of notice of public hearing on purchase of one (1) 2019 One Ton Truck
with Dump Body, as published in the Waterloo Courier on January 22, 2019, 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.
145822 - Schmitt/Amos
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
145823 - Schmitt/Amos
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-66.
145824 - Schmitt/Amos
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-67.
145825 - Schmitt/Amos
Motion to receive and file and instruct City Clerk to read bids.
Estimate: $67,000
Bidder
Bid Amount
Bill Colwell Ford
Hudson, IA
$62,786.00
Don's Truck Sales,
Fairbank, IA
$62,349.00
McGrath Ford
Cedar Falls, IA
$62,035.84
Rydell Chevrolet,
Independence, IA
$61,606.14
Stivers Ford Lincoln
Waukee, IA
$62,955.00
Witham Auto Center
LaPorte City, IA
$65,269.00
Voice vote -Ayes: Seven. Motion carried.
145826 - Schmitt/Amos
that "Resolution awarding bid to Rydell Chevrolet of Independence, Iowa in the amount of
$61,606.14", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-68.
RESOLUTIONS
145827 - Morrissey/Amos
that "Resolution authorizing the submission of a MATCH grant application to the Wellmark
Foundation, for a maximum amount of $30,000, and authorize the Mayor and City Clerk to execute
said document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
February 4, 2019
Resolution adopted and upon approval by Mayor assigned No. 2019-69.
145828 - Morrissey/Amos
Page 7
that "Resolution approving a Professional Services Agreement with Helland Engineering &
Surveying, LTD for land surveying services along Airline Highway, in an amount not to exceed
$700, 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. 2019-70.
145829 - Klein/Amos
that "Resolution approving an Amendment to a Development Agreement with Black Hawk
Contracting & Development, changing the timeline and adding the 657A Infill Policy incentive on
property located within Hillside Addition, and authorize the Mayor and City Clerk to execute said
documents", be adopted. Roll call vote -Ayes: Seven. Motion carried.
David Dryer, 3145 W. 4th Street, questioned where the property is located and what the difference is
between these items on the agenda and the items on the agenda for Black Hawk Contracting &
Development.
Noel Anderson explained the location of the property and that the difference between this agreement
and the two on the agenda last week is that this agreement is specific to the property location.
John Rooff, Black Hawk Contracting & Development, 1509 Commercial Street, explained his
mission is to provide the city with more affordable housing but that incentives are needed to help
reduce the cost of construction to keep the homes affordable.
Resolution adopted and upon approval by Mayor assigned No. 2019-71.
145830 - Klein/Amos
that "Resolution approving temporary easement agreements with Steven M. Southworth and Dana
M. Southworth in the amount of $185.10, at 4007-4009 University Avenue, Steven M. Southworth
in the amount of $370.27, at 4003-4005 University Avenue, and Steven M. Southworth and Dana M.
Southworth in the amount of $100.00, located east of 4003-4005 University Avenue, in conjunction
with the University Avenue reconstruction Phase II project", be adopted. Roll call vote -Ayes:
Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-72.
ORDINANCES
145831 - Schmitt/Amos
that "an Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by amending
Section 13, Fireworks, of Chapter 2, General Offenses, of Title 5, Police", be received, placed on
file, considered and passed for the first time. Roll call vote -Ayes: Four. Nays: Three (Jacobs, Klein
Juon). Motion carried.
Jeri Thornsberry, 704 Sheridan Road, commented that she asked the council to ban the use of
fireworks and is very disappointed to see that the council is considering allowing the use of
fireworks.
Myke Goings, 1203 W. 2nd Street, commented on the negative effect of fireworks on those with
PTSD and sensory issues, requested a ban on all aerial fireworks and time limitations for all others.
Matt Reisetter, 2019 Crossroads Blvd., explained that he supports the ordinance change as it
confines the disruption to a period of three days. He stated that there are many law-abiding citizens
that want to be able to shoot off fireworks legally.
February 4, 2019
Page 8
Norajean Csukker, 2853 Cedar Terrace Drive, explained that she wants fireworks to continue to be
banned.
Mrs. Juon questioned if it is easier to enforce a window of use rather than a ban.
Dan Trelka, Chief of Police, explained that it is easier to allow a short window of use.
Mayor Hart questioned if an officer has to show up if there is a call that sounds like a gunshot.
Dan Trelka explained the circumstances when an officer would and would not respond.
Juon questioned if Des Moines changed their mind.
Pat Treloar, Fire Chief, stated that no other city has changed their position on fireworks use.
Mrs. Klein explained that she does not support the ordinance and that people in her ward are
overwhelmingly opposed to the ordinance. She stated that very few to no fines were issued last year
and that is not the reason to raise the fee.
Mr. Morrissey commented that originally Waterloo allowed a window of use. The second year, the
city banned fireworks and people still used them. After seeing that both did not work, he is
proposing a compromise. He explained that he favors passing the ordinance but asked that Section
G be amended to strike out the grant application language.
Mr. Amos commented that he is in favor of allowing fireworks usage as citizens in his ward want
both. He stated that he is willing to introduce an amendment for July 4th only.
145832 - Amos/Morrissey
To amend by restricting usage to July 4th of each year between the hours of noon and 11 p.m. Roll
call vote -Ayes: Three. Nays: Four (Jacobs, Feuss, Klein, and Schmitt). Motion failed.
Pat Treloar, Fire Chief, provided an overview of the funding opportunities available through the
State Fire Marshall's Office, which provide funding for equipment and education.
Mr. Morrissey suggested a second amendment that addresses Section G.
Kelley Felchle explained the process for introducing multiple amendments.
Mrs. Klein questioned if this amendment would eliminate the rain dates.
Kelley Felchle confirmed.
Mr. Schmitt encouraged citizens to contact their legislators regarding fireworks. He stated that
during the ban there was almost more usage than the year prior. He stated that he supports the three
day compromise.
Mrs. Klein commented that the city should continue to work to create and foster the type of
environment that Waterloo want for their citizens and take whatever steps is necessary to ban the
usage of fireworks. She further commented that enforcement will never happen if the police will not
support the ordinance.
145833 - Morrissey/Amos
To strike, "To the greatest extent possible, funding for such enforcement activities shall be obtained
by application made by the Fire Chief or his designee to the grant program administered by the State
Fire Marshal under Iowa Code 100.19," from the ordinance. Roll call vote -Ayes: Five. Nays: Two
(Jacobs and Klein). Motion carried.
Kelley Felchle requested clarification of the language.
Mr. Schmitt questioned if reserve officers can legally issue tickets.
February 4, 2019
Chief Trelka confirmed they can legally write tickets.
Page 9
Dave Zellhoefer, City Attorney, explained the difficulty in enforcing this ordinance lies on the fact
that this is a simple misdemeanor which is a crime, not a municipal infraction. For the officers to
enforce the ordinance, they must witness the act and be able to identify the person(s) who committed
the crime, then he, as City Attorney, must prove the case beyond reasonable doubt.
Mr. Morrissey commented on the inclusion of fireworks in the language of nuisance calls which
allows enforcement to the property owner, versus the need to prosecute an individual for the crime.
He further commented that since police reserve officers can be utilized in the enforcement per Iowa
State Code, no additional language for this would need to be added to this ordinance.
Mayor Hart requested clarification of the enforcement requirements for the nuisance ordinance.
Dan Trelka commented that to use the nuisance component they do not necessarily have to identify
the perpetrator.
145834 - Amos/Morrissey
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Zero (Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon).
Motion failed.
Morrissey questioned if any issue would arise if the rule suspension passes but the zoning ordinance
change has not yet been passed.
Kelley Felchle explained there should be no impact.
145835 - Amos/Morrissey
that "an Ordinance amending the City of Waterloo Code of Ordinances by adding new Subsections
C, D & E to Title 8, Chapter 4, Section 7, Establishment of Storm Water User Fees", be received,
placed on file, considered and passed for the second time. Roll call vote -Ayes: Six. Nays: One
(Schmitt). Motion carried.
David Dryer, 3145 W. 4th Street, questioned what the storm water funds have been used for since the
program was created.
Jamie Knutson, City Engineer, explained the funds generated by the storm water fund and were held
to build a reserve.
Mayor Hart read an email from the Chief Financial Officer that explained the historical use of the
fund including construction projects.
Norajean Csukker, 2853 Cedar Terrace Drive, explained that she is on Social Security and believes
that she should not have to pay the fee because she does not have storm water infrastructure at her
home.
Mr. Morrissey commented that the city council is the sole discretionary authority to decide what
storm water projects happen when and where.
Mr. Schmitt commented that he will be opposing the ordinance amendment as his concern is that
despite the $15 million dollars spent since 2010, the flooding events in some areas of town have
gotten worse rather than better and believes a greater review of how we're attempting to fix the
problems is warranted before increasing fees.
145836 - Amos/Morrissey
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Zero. Nays: Seven (Jacobs, Morrissey, Feuss, Klein, Amos,
Schmitt, and Juon). Motion failed.
145837 - Morrissey/Amos
February 4, 2019 Page 10
that "an Ordinance amending the City of Waterloo Code of Ordinances by repealing Title Three,
Chapter Four, Article A Pawnbrokers, and replacing it with a new Title Three, Chapter Four, Article
A Pawnbrokers", be considered and passed for the third time and adopted. Roll call vote -Ayes:
Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5481.
ADJOURNMENT
145838 - Morrisey/Amos
that the Council adjourn at 7:28 p.m. Voice vote -Ayes: Seven. Motion carried.
Kelley Felchl:
City Clerk