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HomeMy WebLinkAboutMinutes-February 25, 2019February 25, 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 25, 2019. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Feuss, Klein, Amos, and Juon. Absent: Schmitt. Mr. Amos participated via telephone. Prayer or Moment of Silence. Pledge of Allegiance: Kelley Felchle, City Clerk. 145891 - Juon/Feuss that the Agenda, as proposed, for the Regular Session on Monday, February 25, 2019 at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. 145892 - Juon/Feuss that the Minutes, as proposed, for the Regular Session on Monday, February 18, 2019 at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, questioned if the current nuisance property ordinance is being enforced. Dan Trelka, Chief of Police, explained that the chronic nuisance property ordinance is being enforced and 10 properties have received citations. Mr. Feuss explained that he gathered 10 volunteers to help set up new elementary school classrooms to help Lowell Elementary with their recent roof collapse. 145893 - Juon/Morrissey that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. CONSENT AGENDA 145894 - Juon/Morrissey 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 25, 2019 in the amount of $1,277,062.81, 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. 2019-102. 2. Resolution approving cancellation of assessment for property located at 1481 Newell Street in the amount of $704.83, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2019-103. 3. Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as March 28, 2019 and date of public hearing as April 1, 2019, in conjunction with the Fire Station No. 1 Roof Replacement Project, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-104. 4. Resolution approving preliminary specifications, bid documents, etc., setting date of bid opening as March 28, 2019 and date of public hearing as April 1, 2019, in conjunction with February 25, 2019 1. 2. Page 2 the FY 2019 Lincoln Park Improvements Project, Contract No. 973, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2019-105. b. Motion to approve the following: a. b. a. b. c. d. e. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed LeAnn Even, Deputy City Clerk IMFOA Spring Conference Des Moines, IA April 10-12, 2019 $400 Christa Reuel, Artist Gallery Talk/Reception Waterloo, IA (From Goshen, IN) February 28- March 2, 2019 $205 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Kwik Star #722, 1214 Franklin Street *Ownership Update* C Beer New 7/22/2019 X Kwik Star #723, 707 Broadway Street *Ownership Update* C Beer New 7/22/2019 X Kwik Star #724, 1105 Cedar Bend Drive *Ownership Update* C Beer New 7/22/2019 X Kwik Star #1004, 111 E. Donald Street *Ownership Update* C Beer New 10/22/2019 X Knights of Pythias - Furgerson Lodge #5, 244 Ash Street *Ownership Update* C Liquor w/Outdoor Service Renewal 9/16/2019 X Roll call vote -Ayes: Six. Motion carried. PUBLIC HEARINGS 145895 - Morrissey/Amos that proof of publication of notice of public hearing on the 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, as published in the Waterloo Courier on 2/15/19, 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. 145896 - Morrissey/Amos that the hearing be closed and oral and written comments be received and placed on file and recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote - Ayes: Six. Motion carried. 145897 - Morrissey/Feuss February 25, 2019 Page 3 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 94-98 Vinton Street," be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. 145898 - Morrissey/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. Noel Anderson, Community Planning and Development Director, explained that the gentlemen making the request have requested that the council suspend the rules as the developers for the property are wanting to get the project moving along. 145899 - Morrissey/Feuss 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 94-98 Vinton Street," be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5486. RESOLUTIONS 145900 - Klein/Amos that "Resolution approving a Professional Service Agreement with RJN located in Des Moines, Iowa in the amount of $19,955 for the evaluation of the East-West Interceptor Manholes, and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-106. 145901 - Klein/Amos that "Resolution approving a Professional Services Agreement with Re lZone Robotics, Inc. of Pittsburgh, Pennsylvania in the amount of $117,615, in conjunction with evaluation of approximately 20,622 feet of 48 inch - 60 inch Interceptor Sewer Pipes, and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-107. 145902 - Klein/Amos that "Resolution approving a Professional Services Agreement with AECOM Technical Services, in an amount not to exceed $49,500, in conjunction with the 2019 West 5th Street Parking Ramp and Commercial Street Parking Ramp Repairs, and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-108. 145903 - Juon/ Morrissey that "Resolution approving the assignment of rebates to Reese Properties, LLC in conjunction with a Development Agreement with Endeavors LTD, LLC, originally approved on. July 29, 2015 for the property located at 2661 Geraldine Road, and authorize the Mayor and City Clerk to execute said agreement", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-109. 145904 - Juon/ Morrissey February 25, 2019 Page 4 that "Motion approving Final Quantity Summary for a net decrease of $54,273.41 for the FY 2017 Site Grading for Northeast Industrial Park, Contract No. 926, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. 145905 - Juon/Morrissey that "Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, at a total cost of $964,105.79, for the FY 2017 Site Grading for Northeast Industrial Park, Contract No. 926, and receive and file a two-year maintenance bond", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-110. 145906 - Feuss/Morrissey that "Resolution approving award of bid to Boulder Contracting, LLC, of Grundy Center, Iowa, in the amount of $334,269, and approving the contract, bonds and certificate of insurance in conjunction with the FY 2019 Bridge Repairs, Dubuque Road over Blowers Creek and Greenhill Road over Trolley Car Trail, Contract No. 959, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Motion carried. Mr. Jacobs questioned if the bid is appropriate for the scope of the project. Jamie Knutson, City Engineer, explained that the department has reviewed the bids and believe the awardee is acceptable. Resolution adopted and upon approval by Mayor assigned No. 2019-111. 145907 - Feuss/Morrissey that "Resolution approving application with the Iowa Governor's Traffic Safety Bureau for a Highway Safety Program Grant for the period of October 1, 2019 to September 30, 2020, be adopted", Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-112. 145908 - Feuss/Morrissey that "Resolution approving support of the proposal to transfer budget authority from multiple HUD projects in Iowa to Exceptional Persons, Inc., for the provision of housing assistance in Waterloo.be adopted", Roll call vote -Ayes: Six. Motion carried. Deb Jungling, Exceptional Persons, Inc., provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2019-113. ORDINANCES 145909 - Morrissey/Juon that "an Ordinance amending the City of Waterloo Code of Ordinances by amending Title 5, Police Regulations, by adding a new Chapter 6, Chronic Nuisance Vehicles", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. Dan Trelka, Chief of Police, provided an overview of the ordinance. Mr. Morrissey questioned what happens if an individual refuses to cooperate. Dan Trelka explained that a license can be suspended. Mr. Morrissey questioned if the penalty is tied to the vehicle or driver. Dan Trelka confirmed that the penalty is tied to the driver. February 25, 2019 Page 5 Mr. Feuss questioned if there were additional avenues to citing individuals other than cameras. Dan Trelka answered that officers would also be citing chronic nuisance vehicle owners. Mr. Feuss questioned what would happen if the driver lives outside Waterloo. Dan Trelka explained that they would send officers outside Waterloo and if it is outside Black Hawk County they would contact the local jurisdiction. Mr. Jacobs questioned who would be cited in the event of a speeder in their parents' car. Dan Trelka explained that there is a process to assign liability for a ticket if someone is driving a car not owned by the driver. Mr. Morrissey questioned where the money gained from these citations would go. Dan Trelka clarified that these fees would go to the general fund. Mayor Hart questioned if the fees would go into the camera related fund that normal camera tickets go to. Dan Trelka clarified that the camera ticket money is held for two years but if they rack up three violations it would be a different sort of citation. Mrs. Klein questioned if there is a solution to the owner never receiving the citation. Dan Trelka answered that if enough time passes with no acknowledgement of the citation, officers will make a visit and inform them. Mr. Feuss asked for clarification on the fines for this ordinance. Mayor Hart asked if the camera fines accrued before the $100 citation would go into the camera fund where revenues are held for two years. Dan Trelka explained that those fines wouldgo into the normal two year camera fund, and that any nuisance vehicle citation fines would go into the general fund. Mr. Morrissey questioned if there is a need to stop habitual offenders. Dan Trelka confirmed that he believes the ordinance is needed and could be effective. Mrs. Juon asked for clarification on if the citations would be traffic citations or hand delivered. Dan Trelka explained that it was primarily camera based, secondarily hand delivered. Mr. Feuss questioned if after the initial citation, each camera ticket would accrue the normal $75 plus the increasing citation fines. Dan Trelka clarified that the citation fines, while increasing, still take three camera tickets before applied. Mr. Morrissey asked if the state had any law similar to the proposed ordinance, and if cars would ever be impounded because of this ordinance. Dan Trelka answered that the state had a similar law where they would label you a `habitual traffic offender' and suspend your license, and that they would not tow at this point. Mayor Hart added that habitual offenders spend titne in jail. Dan Trelka stated that over time, it becomes more likely that these chronic nuisances will be pulled over. He added that he passed the name and car description of one habitual speeder to officers so that they can keep an eye out for them speeding again. February 25, 2019 Page 6 Mr. Morrissey questioned if the rules should be suspended. Dan Trelka stated that the rules should not be suspended. 145910 - Morrissey/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Zero. Nays: Six (Jacobs, Morrissey, Feuss, Klein, Amos, and Juon). Motion failed. 145911 - Morrissey/Amos that "an Ordinance amending the City of Waterloo Code of Ordinances by amending Title 6, Motor Vehicles and Traffic, Chapter 1, Traffic Code, Section 4, Automated Traffic Enforcement.", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Six. Motion carried. Jerry Hageman, 3052 San Salvador Drive, expressed support for the ordinance. John Sherbon, 1715 Robin Road, questioned if city employees get tickets if they are caught speeding on the cameras. Dan Trelka explained that city employees in their personal vehicles do get tickets and if they are in city vehicles their department head is notified. Mr. Feuss addressed concerns of his constituents that this ordinance seemed to be just a revenue source for the city. Dan Trelka responded that this ordinance is about safety and that just like traffic tickets revenue is the residual effect of deterrence. Mayor Hart questioned how camera locations are selected. Dan Trelka explained that cameras are placed at locations with the highest traffic accidents and that the city is already complying with rules the state is considering. Mr. Feuss asked for clarification. Dan Trelka explained that the state is seeking to regulate the use of speed cameras by requiring a justification, and that the places with cameras either have a high amount of traffic accidents or a high amount of requests for one. Mr. Feuss questioned if more officers on the street would help curb these offences. Dan Trelka answered that it would as well, but that the use of technological tools to achieve the same goals is why the City of Waterloo has such a low per resident per year cost in comparison to 7 other major cities in Iowa, including Des Moines, Davenport and Sioux City. Mrs. Klein explained that this is a needed program. Mr. Morrissey commented that he has heard that these cameras would reduce the need for officers. Dan Trelka explained that the cameras do not replace the need for officers. Mr. Morrissey questioned if these cameras will help with fireworks enforcement. Dan Trelka answered that they might, that just like an ongoing sexual assault investigation the cameras are useful for catching offenders in the area of the crime. Mr. Morrissey questioned if statistics were being compiled by the Police Department. Dan Trelka explained that statistics are compiled by the company and can be used by city staff. February 25, 2019 Page 7 Mr. Morrissey asked for confirmation that Chief Trelka has the ability to check at all times which intersections have the most amount of accidents. Dan Trelka confirmed and added that cameras can be moved as safety at intersections improves. Mr. Jacobs commented that people should not see this ordinance as a way to cut police staff. He added that the ordinance actually helps parents keep an eye on their kids when they get caught speeding by the cameras. 145912 - Morrissey/Feuss 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, and Juon). Motion failed. ADJOURNMENT 145913 - Morrissey/Feuss that the Council adjourn at 6:16 p.m. Voice vote -Ayes: Six. Motion carried. Kelley Fel City Clerk