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HomeMy WebLinkAboutMinutes-February 11, 2019February 11, 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 11, 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: Jamie Knutson, City Engineer 145839 - Schmitt/Amos that the Agenda, as proposed, for the Regular Session on Monday, February 11, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 145840 - Schmitt/Amos that the Minutes, 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. ORAL PRESENTATIONS David Dryer, 3145 W. 4th Street, questioned were funds come from when departments have unexpected expenditures. Michelle Weidner, Chief Financial Officer, explained that unexpected expenses can come from a variety of sources. Forest Dillavou, 1725 Huntington Road, commented on some recently amended development agreements and questioned where the funds will come from and are there restrictions on the funds. Noel Anderson, Community Planning and Development Director, explained that the sale of property policy has two divisions to it, the regular portion and the 657A. Funds come through housing assistance or bonds. He further explained the incentives that could be offered along with some examples of properties that have utilized the policy. Mayor Hart requested an overview of the dilapidated house portion of the 657A program. Noel Anderson explained that the 657A policy allows the building department staff to identify homes that are able to be rehabilitated. The homes are then put out to an RFP process where bidders identify how they would rehabilitate a home. Incentives are then offered to assist with the rehabilitation. Jim Chapman, 224 Bertch, commented that he talked to the lady at 210 Williston did file a claim with the insurance company and it was denied. She stated that nobody from the city came to look at the hole and that nobody talked to the plumber. Mr. Joseph Hart, 400 Charles St., explained that his neighborhood has several concerns. One concern are break-ins on Oliver and Charles Street. One other concern is snow removal. His neighborhood has not seen snow removal. He further questioned who to contact about speed bumps and if parking is alternated to assist with snow removal. Mayor Hart stated that the snow removal policy requires 3 inches of snow to fall prior to sending out crews to residential areas. Sandie Greco, Traffic Superintendent, explained there is currently not an odd/even parking rule and that plows just go around vehicles that are parked on the street. Only during a snow emergency and on a snow route must vehicles be removed from the street. She also explained the process to request a speed bump. 145841 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. February 11, 2019 Page 2 CONSENT AGENDA 145842 - 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 February 11, 2019, in the amount of $1,589,149.20, 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. 2019-73. 2. Resolution approving the request of Kenyatta Draine for tax exemptions on the construction of home improvements valued at $141,000 for a property located at 2125 Plainview Street and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2019-74. 3. Resolution approving the request of Shane R Bethany for tax exemptions on the construction of home improvements valued at $26,000 for property located at 1040 Cottage Street and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2019-75. 4. Resolution setting a date of public hearing as February 25, 2019 to approve a request by Dan Hillman on behalf of Gene Waltemeyer for a rezone of approximately 2.149 acres from "M- 1" Light Industrial District and "M-2" Heavy Industrial District to "M-2" Heavy Industrial District for future redevelopment at 94-98 Vinton Street, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-76. 5. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as March 14, 2019 and date of public hearing as March 18, 2019, for the FY 2019 University Avenue - Phase 2, from Midway Drive to Greenhill Road, Contract 934, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2019-77. 6. Resolution approving preliminary specifications and bid document, and setting a date of bid opening as February 28, 2019 and date of public hearing as March 4, 2019, for the purchase of one (1) 2019 small extended cab, 4 x 4 short box pickup truck, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2019-78. 7. Resolution approving preliminary specifications and bid document, and setting date of bid opening as February 28, 2019 and date of public hearing as March 4, 2019, for the purchase of one (1) automated side -load garbage truck, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2019-79. 8. Resolution approving preliminary specifications and bid document, and setting a date of bid opening as February 28, 2019 and date of public hearing as March 4, 2019, for the purchase of one (1) 2019 7 passenger FWD minivan, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2019-80. February 11, 2019 1. 2. 9. Resolution approving request to seek proposals for design and installation of security cameras at the Park Avenue parking ramp. Resolution adopted and upon approval by Mayor assigned No. 2019-81. b. Motion to approve the following: a. b. c. d. e. f. g. h. i. a. Page 3 Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Ryan Anderson, Joe Schaefer and Michael Bearbower - Sewer Maintenance; Allen Fecht - ICT. Iowa Water Environment Association Collection System Conference/Review Session and ABC Collection System Exam Marshalltown, IA March 8, 2019 $560 Forrest Graves, Foreman, Todd Gaede and Justin Gaede- Sewer Maintenance Iowa Water Environment Association Collection System Conference Marshalltown, IA March 7-8, 2019 $390 Pat Treloar, Fire Chief Iowa Association of Professional Fire Chiefs Spring Conference Ames, IA April 3-4, 2019 $180 Chris Ferguson, Fire Marshal Arson K-9 Recertification Bismark, ND June 3-7, 2019 $920 Aric Shroeder, City Planner and Adrienne Miller, Economic Development Specialist Main Street 2019 Board Lunches Waterloo, IA January - December 2019 $120 Wayne Castle, Associate Engineer Society of Land Surveyors of Iowa Annual Conference Ames, IA March 7-8, 2019 $400 Abraham Funchess, Human Rights Director 2019 National Community Reinvestment Coalition Annual Conference Washington, D.C. March 10-14, 2019 $2,545 Keith Kaspari, Airport Director CY-2019 Cedar Valley Coalition Trip Washington, D.C. April 29 -May 1, 2019 $1,800 Angie Fordcye - Community Development Coordinator, Anita Merfield - Administrative Secretary, Maggie Howard-Heretakis - Project Specialist National Community Development Association 50th Annual Conference Jacksonville, FL June 17-23, 2019 $2,840 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class B&B East, 1615 Bishop Avenue B Wine / C Beer / E Liquor New or Renewal Renewal Expiration Date 2/13/20 Includes Sunday x February 11, 2019 b. c. Page 4 Blessed Sacrament Church, A Liquor New 2/20/19 x 650 Stephan Avenue *5 Lodge Construction, Inc. Clarksville, IA 5% $520,649.23 Day* The Broken Record, 315 W. 4th Street C Liquor w/Outdoor Service Renewal 1/20/20 x 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Cornmission Expiration New or Date Re -Appointment Jim Petersen Memorial Hall Commission 12/31/2021 Re -appointment Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 145843 - Schmitt/Amos that proof of publication of notice of public hearing on 2018 Remedial Actions Phase IIIB, Contract No. 949, as published in the Waterloo Courier on January 28, 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. 145844 - Schmitt/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 145845 - 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. 2019-82. 145846 - 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. 2019-83. 145847 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids. Estimate: $535,314.00 Bidder Bid Security Bid Amount Vieth Construction Corp. Cedar Falls, IA 5% $746,124.90 Lodge Construction, Inc. Clarksville, IA 5% $520,649.23 Voice vote -Ayes: Seven. Motion carried. 145848 - Schmitt/Amos that "Resolution awarding contract to Lodge Construction of Clarksville, Iowa in the amount of $520,649.23 in conjunction with the 2018 Remedial Actions Phase IIIB, Contract No. 949 and February 11, 2019 Page 5 approving the contract, bonds, and certificate of insurance, 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. 2019-84. 145849 - Amos/Schmitt that proof of publication of notice of public hearing on FY 2019 CIP Pipelining Phase IIIC, Contract No. 962, as published in the Waterloo Courier on January 28, 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. 145850 - Amos/Schmitt that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 145851 - Amos/Schmitt 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. 2019-85. 145852 - 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. 2019-86. 145853 - Amos/Morrissey Motion to receive and file and instruct City Clerk to read bids. Estimate: $452,467.00 Bidder Bid Security Bid Amount Insituform Technologies USA, LLC Chesterfield, MO 5% $474,369.60 HydroKlean Des Moines, IA 5% $402,210.90 SAK Construction O'Fallon, MO 5% $443,437.70 Municipal Pipe Tool Company, LLC Hudson, IA ° 5 /o $377,252.75 Visu-Sewer, Inc. Pewaukee, WI 5% $397,558.00 Voice vote -Ayes: Seven. Motion carried. 145854 - Amos/Morrissey that "Resolution awarding contract to Municipal Pipe Tool Co., LLC of Hudson, Iowa, in the amount of $377,252.75 in conjunction with the FY 2019 CIP Pipelining Phase IIIC, Contract No. 962 and approving the contract, bonds, and certificate of insurance, 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. 2019-87. 145855 - Morrissey/Amos February 11, 2019 Page 6 that proof of publication of notice of public hearing on a request by Michael Maloney to rezone 1.55 acres from "R-1" One and Two Family Residence District to "C-2" Commercial District to allow for use of the property as a landscaping business including the construction of a 60' x 72' pole building with office space for the relocation of an existing landscaping business located at 45 East Airline Highway., as published in the Waterloo Courier on February 1, 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. 145856 - Morrissey/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. 145857 - Morrissey/Amos that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located at 45 East Airline Highway", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 145858 - Morrissey/Amos 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. Noel Anderson explained that he is not aware if there is an urgency to move the project ahead. Michael Maloney, 45 Airline Highway, explained there is no urgency but would prefer to build sooner than later. RESOLUTIONS 145859 - Schmitt/Amos that "Resolution approving request for Release of Reversionary Rights pertaining to a Development Agreement with Nermin and Manulea Okanovic, for the construction of a residential building addition and conveyance of a portion of a public alley, located at 1409 West 1 lth Street, 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. 2019-88. 145860 - Schmitt/Amos that "Resolution approving the award of asbestos survey services contract in the amount of $8,100 to Hawkeye Environmental of Solon, Iowa 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, 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. 2019-89. 145861 - Schmitt/Amos that "Resolution approving a Joint Project Agreement with the City of Cedar Falls for reconstruction and maintenance of the intersection of University Avenue and Midway Drive, and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. February 11, 2019 Page 7 Mr. Morrissey questioned the cost sharing for Cedar Falls vs. Waterloo. Jamie Knutson, City Engineer, explained that the city's portion is $703,000. The reason it is so much more is because it includes the left turn lane at the intersection with Midway. Resolution adopted and upon approval by Mayor assigned No. 2019-90. ORDINANCES 145862 - 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 second time. Roll call vote -Ayes: Six. Nays: One (Jacobs). Motion carried. 145863 - 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, Schmitt, and Juon). Motion failed. 145864 - Morrissey/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 Regulations", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Four. Nays: Three (Jacobs, Klein, and Juon). Motion carried. Myke Goings, 1203 W. 2nd Street, explained that his comments last week were in no way meant to be construed as disparaging to the Waterloo police officers. He also provided further clarification of previous comments he has made regarding the ban of certain fireworks. Mr. Feuss read a letter from Jeri Thornsberry, 704 Sheridan Rd., who was unable to be physically present at the council meeting. Her letter explained reasons she does not support the ordinance and wants fireworks to be banned in Waterloo. Justin Bartlett, 2019 Crossroads Blvd. with Crossroads Fireworks, explained that he supports allowing a few days of usage because it allows those that want to enjoy fireworks and obey the law to have the ability to set off fireworks. He stated that he has a store in Bettendorf and they allow a few days of use. He believes that their ordinance has been a good solution for their community. Todd Obadal, 124 Amity Drive, stated that he believes that the council needs to listen to the concerns of citizens and not adopt the ordinance. Mrs. Juon commented that she is conflicted on the issue. Personally, she opposes use of fireworks and that the only people who have contacted her are against fireworks. She stated that she will continue to vote against the ordinance and that if someone supports the ordinance they should contact her. Mr. Feuss commented that he will not and never will purchase fireworks and is opposed to use. He has heard from both sides and believes that the three day window provides a good compromise for his constituents. Mr. Amos commented that he has not had a lot of contact about the ordinance but that he believes there are those out there that do and do not want to allow the use of fireworks. He stated that he will support the ordinance. Mr. Morrissey commented that the ban on Christmas and New Year's Eve will continue and reviewed the various other areas the amendment addresses. February 11, 2019 Page 8 Kelley Felchle, City Clerk, clarified that the portion of city code that deems chronic firework abuse as property nuisances is actually located in a separate section of the code and is not included in the ordinance change currently being discussed. Mrs. Klein commented that the increase in the fine is a moot point as only one citation was issued last week. She explained that she has heard overwhelming from her ward that they want fireworks banned and that she will vote against the ordinance. 145865 - Morrissey/Amos 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. 145866 - Morrissey/Amos 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 third time. Roll call vote -Ayes: Six. Nays: One (Schmitt). Motion carried. David Dryer, 3145 W. 4th Street, commented that he has not yet received the report he requested showing how the $1.7 million dollars has been used, and encourages council not to pass the amendment. Todd Obadal, 124 Amity Drive, commented that they learned recently of a sewer refund that went to Regions Bank for $20,000. He stated that those who do not use city services should not be required to pay fees for the infrastructure. Mr. Morrissey explained that he does not support the ordinance Ordinance adopted and upon approval by Mayor assigned No. 5482. ADJOURNMENT 145867 - Morrissey/Amos that the Council adjourn at 6:30 p.m. Voice vote -Ayes: Seven. Motion carried. Al //,,// Kelley Fel 1 City Cler .