HomeMy WebLinkAboutMinutes-February 18, 2019February 18, 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 18, 2019. Mayor Quentin Hart in the Chair. Roll Call:
Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon. Mr. Amos joined via telephone.
Prayer or Moment of Silence.
Pledge of Allegiance: Jerome Amos, Ward 4 Council Member
145868 - Juon/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, February 18, 2019, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
145869 - Juon/Schmitt
that the Minutes, 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.
ORAL PRESENTATIONS
Myke Goings, 1203 W. 2nd Street, asked that the city revisit the snow removal policy to reduce the
inches of accumulation from two to three inches to remove snow in residential areas. He thanked
staff for plowing Sunday evening and commended an employee on special care he observed plowing
around parked cars and helping a resident move their vehicle when it was stuck in the snow.
Randy Bennett, Public Works Director, responded that it is currently three inches that prompts snow
removal in residential areas. He also responded to concerns over the city's salting of roads and future
snowfall.
Jeri Thornsberry, 704 Sheridan, commended the Water Works and Public Works Department on
their quick response and clean up for a water main break.
David Dryer, 3145 W. 4th Street, requested that the council remember that city employees should not
necessarily receive a raise when they ask for a raise and that city employees should only receive pay
increases for a positive performance review.
Mr. Morrissey questioned if preparations are being made for snow melt moving down river.
Jamie Knutson, City Engineer, explained that he will have a webinar with the Army Corps Of
Engineers later this week on the flooding outlook.
145870 - Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
145871 - 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 18,
2019, in the amount of $2,981,514.02, 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. 2019-91.
2. Resolution setting date of public hearing as March 7, 2019 at 5:30 p.m. in the Harold E.
Getty Council Chambers to approve the FYE2020 budget and instruct the City Clerk to
publish said notice.
February 18, 2019 Page 2
1.
2.
Resolution adopted and upon approval by Mayor assigned No. 2019-92
3. Resolution setting date of public hearing as March 4, 2019 on the proposed issuance of not to
exceed $10 million General Obligation Bonds, for essential corporate purposes, and instruct
City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-93
4. Resolution approving preliminary plans, specifications, form of contract etc., setting date of
bid opening as March 21, 2019 and date of public hearing as March 25, 2019, for the FY
2020 Complaint Mowing with Complaint Snow Removal contract, and instruct City Clerk to
publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-94
b. Motion to approve the following:
a.
b.
c.
d.
a.
b.
c.
d.
e.
f.
g.
h.
i.
J•
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Ethan Moeller,
Facilities Specialist
Pick up artwork for Ed
Emberley Exhibit
Essex, MA
Feb. 24 -
Mar. 1,
2019
$895
Jason Hernandez,
Medical Supervisor
*AMENDED*
Emergency Response to
Terrorism
Ames, IA
Jan 17 &
18, 2019
Jan 17 &
18, 2019
Officers Bovy,
Herkelman, and
Ehlers
K-9 Narcotics Re-
certification School
Ft. Madison,
IA
Mar. 10-12,
2019
$1,534
Paul Huting, Leisure
Services Director
Iowa Park and
Recreation Association
Conference
Des Moines,
IA
Mar. 25-28,
2019
$728.44
Approved Beer, Liquor, and Wine Applications
Name & Address of Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Babes Tap, 210 Division
Street
C Liquor
Renewal
3/14/20
Elitte Cafe Bar, 1108
Jefferson Street
C Liquor
Renewal
2/7/20
x
Hometown Foods, 1010 E.
Mitchell Avenue
B Wine / C Beer / E
Liquor
Renewal
3/9/20
x
Hy -Vee Food & Drugstore
#3, 1422 Flammang Drive
B Wine / C Beer / E
Liquor
Renewal
2/8/20
x
Hy -Vee Market Cafe' #3,
1422 Flammang Drive
C Liquor/Catering
Renewal
3/15/20
x
Kwik Star #229, 1717 E. San
Marnan Drive *Ownership
Update*
C Beer
New
9/25/19
x
Kwik Star #380, 506 W. 9th
Street *Ownership Update*
C Beer
New
11/19/19
x
Kwik Star #569, 875 Fisher
Drive *Ownership Update*
C Beer
New
8/28/19
x
Kwik Star #715, 1636 W. 4th
Street *Ownership Update*
C Beer
New
7/30/19
x
Kwik Star #732, 324 Fletcher
Avenue *Ownership Update*
C Beer
New
7/22/19
x
February 18, 2019
3. Mayor Hart's recommendation of the following appointments:
Page 3
Appointee
Board/Commission
Expiration
Date
Blake Hamer
Main Street Waterloo
Redevelopment Authority
12/31/2019
New or
Re -Appointment
New
4. Recommendation of appointment of Michiel Derifield, from the Civil Service list, to the position of
Equipment Operator I in the Street Department, with a start date of February 25, 2019, subject to
passing physical and drug test.
5. Recommendation of appointment of Brad Manahl, from the Civil Service list, to the position of
Treatment Operations Foreman at the Waste Management Services Department, effective Tuesday
February 19, 2019.
6. Recommendation of appointment of Amanda Wellhouse, from the Civil Service list, to the position of
Facilities Services Specialist at the Waterloo Center for the Arts, effective February 19, 2019.
Roll call vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
145872 - Schmitt/Juon
that proof of publication of notice of public hearing on FY 2019 Bridge Repairs - Dubuque Road
over Blowers Creek and Greenhill Road over Trolley Car Trail, Contract No. 959, as published in
the Waterloo Courier on February 4, 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.
145873 - Schmitt/Morrissey
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
145874 - Schmitt/Morrissey
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. 2019-95
145875 - Schmitt/Juon
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-96
145876 - Schmitt/Juon
Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review.
Estimate: $471,515
Bidder
Bid Security
Bid Amount
Cramer and Associates, Inc.
Grimes, IA
5%
$714,460.00
Boulder Contracting
Grundy Center, IA
5% o
$334,269.00
February 18, 2019 Page 4
Minturn, Inc.
5%
$544,750.00
Brooklyn, IA
Peterson Contractors, Inc.
5%
$525,915.50
Reinbeck, IA
Voice vote -Ayes: Seven. Motion carried.
RESOLUTIONS
145877 - Morrissey/Juon
that "Resolution approving a Real Estate Purchase Agreement with AMA Real Estate, LLC of
Waterloo, Iowa, in the amount of $51,000 plus up to $10,000 in closing costs, to acquire
approximately 0.7 acres, and authorize the Mayor and City Clerk to execute said documents", be
adopted. Roll call vote -Ayes: Seven. Motion carried.
Noel Anderson, Community Planning and Development Director, provided an overview of the item.
Resolution adopted and upon approval by Mayor assigned No. 2019-97
145878 - Morrissey/ Juon
that "Resolution approving a Professional Services Agreement with VIA Rail Engineering of
Maribel, Wisconsin, in an amount not to exceed $22,130, in conjunction with a Rail Yard Public
Safety Improvement Study, and authorize the Mayor to execute said document", be adopted. Roll
call vote -Ayes: Seven. Motion carried.
Noel Anderson provided an overview of the item.
Mayor Hart commented that he and several council members have had numerous complaints about
the railroad blocking the intersections. This item will study options to improve safety and traffic
around the rail yard.
Resolution adopted and upon approval by Mayor assigned No. 2019-98
145879 - Morrissey/ Juon
that "Resolution of support for the State of Iowa to fund the Iowa's Natural Resources and Outdoor
Recreation Trust Fund", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Noel Anderson provided an overview of the item.
Mr. Morrissey asked for clarification on a tax that was said to fund REAP.
Paul Huting, Leisure Services Director, explained that this would fully fund REAP. He explained
that the public voted for the tax but dollars have not been appropriated.
Resolution adopted and upon approval by Mayor assigned No. 2019-99
145880 - Klein/Schmitt
that "Resolution approving the acquisition of property in the amount of $1.00, and acceptance of a
quit claim deed from the Waterloo Community School District, for property located west of 3610
Ansborough Avenue", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-100
145881 - Klein/Schmitt
that "Resolution approving a Professional Services Agreement with HR Green Company of Cedar
Rapids, Iowa, in the amount of $40,000 in conjunction with the former Weissman Steel site to
February 18, 2019 Page 5
conduct an Environmental Investigation, and authorize the Mayor to execute said document", be
adopted. Roll call vote -Ayes: Seven. Motion carried.
David Dryer, 3145 W. 4th Street, questioned where the site is located that has contamination.
Noel Anderson provided an overview of the item.
Resolution adopted and upon approval by Mayor assigned No. 2019-101
ORDINANCES
145882 - Schmitt/Morrissey
that "an Ordinance amending the Code of Ordinances by amending the 2007 Code of Ordinances of
the City of Waterloo, Iowa, by amending Section 4, Automated Traffic Enforcement, of Chapter 1,
General Offenses, of Title 6, Police Regulations", be received, placed on file, considered and passed
for the first time. Roll call vote -Ayes: Seven. Motion carried.
Charla Kinney, 1127 Bourland, asked for clarification on the content of the ordinance.
Dan Trelka, Chief of Police, explained that the proposed ordinance would allow the city to issue
speeding tickets using red light cameras.
David Dryer, 3145 W. 4th Street, requested an overview of how the funds are to be used.
Dan Trelka explained that the funds were identified to be used for tax relief and will be held for two
years.
Mr. Morrissey questioned what happens to the habitual violators.
Dan Trelka explained that he is bringing forth a new ordinance next week that will identify chronic
nuisance vehicles. This ordinance will allow a consultation with officers and create penalties for
habitual violations.
Mayor Hart questioned if it is a chronic nuisance vehicle or motorist.
Dan Trelka explained that it is a chronic nuisance vehicle not motorist.
145883 - Schmitt/Morrissey
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, Feuss, Klein, Amos, Schmitt, and Juon).
Motion failed.
145884 - Morrissey/Schmitt
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 second time. Roll call vote -Ayes: Seven. Motion carried.
Noel Anderson provided an overview of the item.
145885 - Morrissey/Schmitt
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.
145886 - Morrissey/Schmitt
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
February 18, 2019 Page 6
property, located at 45 East Airline Highway", be considered and passed for the third time and
adopted. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5483.
145887 - Feuss/Schmitt
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 third time and adopted. Roll call vote -Ayes: Six. Nays: One (Jacobs). Motion carried.
Todd Obadahl, 124 Amity Drive, asked that council postpone voting on the item, as he believes
other businesses should have the ability to sell fireworks inside of a physical structure throughout the
city.
Mr. Morrissey provided an overview of prior discussion on the need for fireworks regulations to pass
through the Planning and Zoning Commission to regulate restrictions on where fireworks can be
sold.
Ordinance adopted and upon approval by Mayor assigned No. 5484.
145888 - Schmitt/Morrissey
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 considered
and passed for the third time and adopted. Roll call vote -Ayes: Four. Nays: Three (Jacobs, Klein,
and Juon). Motion carried.
Jeri Thornsberry, 704 Sheridan Road, explained she does not support the ordinance and wants
fireworks to be banned in Waterloo.
Myke Goings, 1203 W. 2nd Street, commented on the negative effect of fireworks on those with
PTSD and sensory issues and requested a ban on all aerial fireworks.
Marcia Bundtchen, 1510 Lyon Avenue, commented that she does not support the ordinance and
wants council to protect the safety of citizens of Waterloo and maintain the ban on fireworks.
Charla Kinney, 1127 Bourland Avenue, explained that she does not support lifting the ban 011
fireworks.
Matt Reiseter, Crossroads Fireworks, 2019 Crossroads Fireworks, explained that three days is a
reasonable compromise for allowing law-abiding citizens shoot off fireworks. He stated that it is not
likely that council will hear from all constituents but that several have voiced their opining on
wanting a period to use fireworks. He further stated that his customers are sharing their opinions
with their dollars by buying fireworks at his store.
Mrs. Juon shared that she heard from 19 people who were in favor of fireworks and 20 were against.
She stated that she would be voting in favor of a ban to fireworks.
Mr. Morrissey stated that the ordinance is a compromise for those that want to use fireworks in a
responsible manner.
Mrs. Klein commented that she would not support the ordinance as it creates an incredible safety
hazard.
Mr. Amos commented that he received several calls and emails from the public and that he is still
supporting the ordinance.
Mr. Jacobs commented that because of the nature of fireworks, namely the sound and litter left
behind; there is no way to use fireworks responsibly in a residential area.
February 18, 2019 Page 7
Mr. Feuss expressed his wishes for a compromise between the two sides, and felt that punishing the
many for the actions of the few was unfair.
Mr. Schmitt commented that the issue was divisive, and also wished for a compromise, stating that
the ban the city instituted last year did not solve the issue either.
Mayor Hart commented that those who are affected most by fireworks cannot express their concerns.
Ordinance adopted and upon approval by Mayor assigned No. 5485.
OTHER COUNCIL BUSINESS
145889 - Morrissey/Schmitt
that Change Order Number 2 in the amount of $112,777.01, to Price Industrial Electric, Inc., in
conjunction with fiber optic installation and traffic adaptive system on San Marnan Drive, Kimball
Avenue, W. 4th Street and a section of US Hwy. 218, Iowa DOT Project Number STP -A-8155(743)-
-86-07, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried.
Todd Obadahl, 124 Amity Drive, questioned if the cost of the change order was associated with an
incident with fiber optics that took place the previous year.
Dave Zellhoefer, City Attorney, answered that Mr. Obadahl is referring to a separate matter
unrelated to the change order. Regarding the matter referred to by Mr. Obadahl, the city is currently
negotiating the terms of liability with Century Link and that the out of pocket costs may total
approximately $12,000.
Sandie Greco, Traffic Superintendent, provided an overview of the item.
David Dryer, 3145 W. 4t11 Street, questioned what the initial cost of the contract was and the
percentage increase to the total cost of contract.
Sandie Greco, answered that the project is funded by a grant that the city paid $100,000 in match
funds. The city now will pay an additional 15,000 to repair the damaged conduit.
ADJOURNMENT
145890 - Morrissey/Juon
that the Council adjourn at 6:54 p.m. Voice vote -Ayes: Seven. Motion carried.
Kelley Fele
City Clerk