HomeMy WebLinkAboutMinutes-November 19, 2018 November 19, 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,November 19, 2018. Mayor Quentin Hart in the Chair. Roll Call:
Jacobs, Morrissey, Klein, Amos, Schmitt, and Juon.
Prayer or Moment of Silence.
Pledge of Allegiance: Noel Anderson, Community Planning& Development Director
146717 - Juon/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday,November 19, 2018, at 5:30
p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried.
146718 - Juon/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday,November 13, 2018, at 5:30
p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried.
Presentation of the Enrique Camarena Award by the U.S. Attorney's Office to Waterloo Police
Officer Justin Brandt.
Check presentation by Muscular Dystrophy Association and Waterloo Fire Rescue.
ORAL PRESENTATIONS
Judy Cieselski, 210 Williston, explained that she called Water Works and reported standing water.
Water Works found that the waterline had a leak and hired a company to complete the repairs.
Several factors caused the cost of the water line repair to increase. She read what the plumber wrote
on her bill explaining the cost of the repair and that the factors that caused the repair to be higher
than most repairs. She explained that the project caused her to be without water for three days and
that a claim was not followed up on and that she has not had responses to emails.
Jim Chapman, 224 Bertch, commented that Waterloo made the news as one of the worst cities to live
in in the nation. He stated that his church received donations to feed several families. He further
spoke in support of Judy Cieselski and stated that the city needs to do something to help her.
David Dryer, 3145 W. 4th Street, commented Finance Committee items 2, 3, and 4.
Major Joe Leibold clarified that the Finance Committee item is to purchase pole cameras as part of
the Tri-County drug task force program.
Todd Obadahl, 124 Amity Drive,thanked the council for their healthy debate regarding the use of
ATE funds last week. He asked the Mayor to see what he can do about stopping an investigation
into a council member and starting an investigation into the business dealings of the convention
center developer.
Forest Dillavou, 1725 Huntington Road, commented that the city lost money at the convention
center from engineering costs and revenue that was not paid. The city should go after Mr. Leslie for
the loss of funds.
Rev. Ed Loggins III, 233 Oliver Street, questioned when everyone on the council is going to be civil.
He stated that the city has a lot of issues that need to be rectified and that it is going to take civility to
make that happen. He commented that an article came out recently that states that the City of
Waterloo is one of the worst cities in the nation for African Americans to live.
Mr. Morrissey read several articles from the Declaration of Human Rights.
Mr. Jacobs congratulated Officer Brandt for receiving the Enrique Camarena Award from the U.S.
Attorney's Office. He stated that the Hail Mary project is a great program making a big difference
in Waterloo and wants to see the program come up in the budgeting process in the future.
November 19, 2018 Page 2
Mr. Amos stated that he went to the central Middle School sustainable construction program and
explained that the Waterloo School District is going to implement fourteen different programs to
give students a path to follow trades as an alternative to going to college. He also commented
Mrs. Klein thanked Rev. Ed Loggins for his comments and stated that the article does not accurately
reflect the people of Waterloo.
Mayor Hart commented on the inaccurate information presented in an article that labeled Waterloo
as one of the worst places in the country for African Americans to live.
146719 - Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote-Ayes: Six. Motion
carried.
CONSENT AGENDA
146720 - 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 November 19,
2018, in the amount of$3,052,928.54, 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. 2018-838.
2. Resolution approving the request of Michael Girsch for tax exemptions on the construction
of a new single family home valued at$400,000 for property located at 121 Kestrel Circle,
and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2018-839
3. Resolution approving the request of Jasmin Muheyic for tax exemptions on the construction
of a new single family home valued at $230,000 for property located at 1815 Waxwing Way,
and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2018-840
4. Resolution approving the request of John Bengs for tax exemptions on the construction of a
new single family home valued at $259,000 for property located at 4448 Charm Drive, and
located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2018-841
5. Resolution approving the request of Nathan J. Nerison for tax exemptions on the construction
of a new single family home valued at $275,063 for property located at 4426 Charm Drive,
and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2018-842
6. Resolution approving the request of Richard Francis for tax exemptions on the construction
of a new single family home valued at $173,200 for property located at 2010 E Donald
Street, and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2018-843
7. Resolution approving cancellation of assessments for properties listed on Exhibit A, and
authorize City Clerk to notify Black Hawk County Treasurer of said cancellation.
Resolution adopted and upon approval by Mayor assigned No. 2018-844
November 19, 2018 Page 3
8. Resolution approving request from James Skarlis for a waiver for a concrete driveway
located at 1106 Hartman Avenue, 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. 2018-845
b. Motion to approve the following:
2. Approved Beer, Liquor, and Wine Applications
Name & Address of Business Class New or Expiration Includes
Renewal Date Sunday
a. Blue Iguana, 250 Westfield C Liquor New 12/11/2019 x
Ave., Suite 101 w/Outdoor Service
/ Catering
b. The Iron Horse Social Club, C Liquor New 12/11/2019 x
250 Westfield Ave., Suite w/Catering
102
c. Logan Ave Convenience B Wine / C Beer/E New 10/31/2019 x
Store, 735 Logan Ave. Liquor
d. The Saloon, 303 W. 4th St. C Liquor Renewal 11/14/2019 x
w/Outdoor Service
e. Yolks Haus, 324 E. 4th St. C Liquor Renewal 11/22/2019 x
w/Outdoor Service
3. Mayor Hart's recommendation of the following appointments:
Expiration New or
Appointee Board/Commission Date Re-Appointment
Tucker Cassidy ADA Compliance Commission 11/19/2021 New
4. Recommendation of appointment of Michelle Reinard to the position of Fitness Specialist in the
Leisure Services Department, effective November 20, 2018.
5. Recommendation of appointment of Zachary Tolias to the position of Garage Mechanic, from the
current Civil Service list, in the Central Garage, effective December 3, 2018.
6. Recommendation of appointment of Randy Bennett to the position of Public Works Division
Manager, effective January 2, 2019.
7. Bonds.
Roll call vote-Ayes: Six. Motion carried.
PUBLIC HEARINGS
146721 - Schmitt/Amos
that proof of publication of notice of public hearing on a request by GBG, LLC to rezone 2.58 acres
from "R-2" One and Two Family Residence District to "R-4,R-P" Planned Residence District to
allow for the construction of a new medical office, located to the north of 1505-1515 Logan Avenue
(George Washington Carver Academy), as published in the Waterloo Courier on November 9, 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.
Matt Miehe, 3510 Kimball Avenue, asked that the council move forward with the ordinance as they
are wanting to start construction yet this season.
146722 - Schmitt/Amos
November 19, 2018 Page 4
that the hearing be closed and oral and written comments and recommendation of approval of the
Planning, Programming and Zoning Commission, be received and placed on file. Voice vote-Ayes:
Six. Motion carried.
146723 - 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 a rezone of certain
property, located to the north of 1505-1515 Logan Avenue", be received, placed on file, considered
and passed for the first time. Roll call vote-Ayes: Six. Motion carried.
146724 - Schmitt/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Six. Motion carried.
146725 - 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 a rezone of certain
property, located to the north of 1505-1515 Logan Avenue", 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. 5473.
146726 - Morrissey/Amos
that proof of publication of notice of public hearing on a request by the City of Waterloo for a site
plan amendment to the "M-2,P" Planned Industrial District for an updated site plan for the
construction of a 11,880 square foot industrial building, located east of 2320 West Airline Highway
and rescinding Resolution No. 2018-788, as published in the Waterloo Courier on November 9,
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.
146727 - 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:
Six. Motion carried.
146728 - 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, to approve a request by the City
of Waterloo for a site plan amendment to the "M-2,P" Planned Manufacturing District for an
updated site plan for the construction of a 11,800 square foot industrial building, and rescinding
Resolution No. 2018-788", be received, placed on file, considered and passed for the first time. Roll
call vote-Ayes: Six. Motion carried.
146729 - 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: Six (Jacobs, Morrissey, Klein, Amos, Schmitt, and
Juon). Motion failed.
146730 - Amos/Schmitt
that proof of publication of notice of public hearing on request by Crystal Distribution Services for a
rezone of approximately 2.53 acres from "M-1" Light Industrial District to "M-2" Heavy Industrial
District for a meat processing facility located South of 1656 Sycamore Street., as published in the
November 19, 2018 Page 5
Waterloo Courier on November 9, 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.
Tom Poe, Crystal Distribution, provided an overview of a company that is looking to open an
organic meat packing business at the former Rath Packing site.
Mr. Schmitt commented that he has read a little bit about the process used and asked if it was true
that there is very little waste.
Tom Poe explained that he understands that every bit of the animal is used and they have been
working with the city to ensure the necessary infrastructure is in place.
Mr. Schmitt questioned if this is an established business.
Tom Poe explained that the business owner has consulted at other sites out west and this would be
the first time operating a site like this.
Mr. Jacobs questioned what the jobs would pay.
Tom Poe explained that he believes the jobs would pay approximately $18 per hour.
Bob Smith, Greater Cedar Valley Alliance and Chamber, congratulated Mr. Poe for helping to
recruit the business and provided information about the number of jobs created and salary. He
further stated that Greater Cedar Valley Alliance and Chamber supports this action and that it will
have a beneficial impact on the Cedar Valley.
146731 - Amos/Morrissey
that the hearing be closed and oral and written comments recommendation of approval of the
Planning, Programming and Zoning Commission, be received and placed on file. Voice vote-Ayes:
Six. Motion carried.
146732 - Amos/Morrissey
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 South of 1656 Sycamore Street", be received, placed on file, considered and
passed for the first time. Roll call vote-Ayes: Six. Motion carried.
146733 - Amos/Morrissey
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Six. Motion carried.
146734 - Amos/Morrissey
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 South of 1656 Sycamore 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. 5474.
146735 - Schmitt/Amos
that proof of publication of notice of public hearing on 2018 Public Works - Old CMC Building,
Roof Replacement Project, as published in the Waterloo Courier on November 9, 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.
November 19, 2018 Page 6
146736 - Schmitt/Amos
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote-Ayes: Six. Motion carried.
146737 - 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. 2018-846.
146738 - 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. 2018-847.
146739 - Schmitt/Amos
Motion to receive and file and instruct City Clerk to read bids.
Estimate: $74,124.00 Flat Roof Repairs
$6.75 - $7.00/sq. ft. Decking Repairs
Bidder Bid Security Bid Amount
Service Roofing, Co. 0 $63,400
Waterloo, IA 5 ° $7.00/sq. ft.
Black Hawk Roofing Co., $75,760
Inc. 5%
Cedar Falls, IA $7.25/sq. ft.
Voice vote-Ayes: Six. Motion carried.
146740 - Schmitt/Amos
that "Resolution awarding contract to Service Roofing Co. of Waterloo, Iowa, in the amount of
$63,400, in conjunction with the 2018 Public Works - Old CMC Building Roof Replacement
Project, 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: Six. Motion carried.
146741 - Morrissey/Juon
To amend the resolution by adding $7.00/sq. ft. for Decking Repairs to the contracted amount of the
resolution. Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-848.
RESOLUTIONS
146742 - Morrissey/Amos
that "Resolution approving increases in the Cedar Valley SportsPlex Membership fees", be adopted.
Roll call vote-Ayes: Six. Motion carried.
Mayor Hart questioned if scholarships will still be available to those who cannot afford a
membership at the SportsPlex.
Paul Huting, Leisure Services Director, confirmed.
Resolution adopted and upon approval by Mayor assigned No. 2018-849.
November 19, 2018 Page 7
146743 - Morrissey/Amos
that "Resolution approving use of department forfeiture funds in the amount of $5721.96, to
purchase one DJI Inspire 1 UAV kit, specifically designed for criminal and fire investigations,
including aerial searches for lost and missing persons, for use by the Police Department", be
adopted. Roll call vote-Ayes: Six. Motion carried.
Mr. Morrissey questioned if this is a drone.
Major Joe Leibold confirmed.
Resolution adopted and upon approval by Mayor assigned No. 2018-850.
146744 - Morrissey/Amos
that "Resolution approving the FY 2018 Consolidated Annual Performance and Evaluation Report
(CAPER), for CDBG and HOME Program activities for the period of July 1, 2017 through June 30,
2018, to the U.S. Department of Housing and Urban Development", be adopted. Roll call vote-
Ayes: Six. Motion carried.
Mr. Morrissey questioned the trend in funding.
Rudy Jones, Community Development Director, explained that they have received minor increases
to funding in the last few years.
Resolution adopted and upon approval by Mayor assigned No. 2018-851.
146745 - Schmitt/Amos
that "Resolution approving a Grant Agreement with the Iowa DOT's Office of Aviation for FY-
2019, Project No. 9-I-190-ALO-135 and Contract No. 20790, for Air Service Marketing of the
Waterloo Regional Airport and American Airlines, and direct the Mayor and Airport Director to
execute said document", be adopted. Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-852.
146746 - Schmitt/Amos
that Final Quantity Summary for a net decrease of$19,170.28 for the FY 2016 Northeast Industrial
Park Sanitary Sewer and Water Main Extension, Contract No. 900, be received, placed on file and
approved. Voice vote-Ayes: Six. Motion carried.
146747 - Schmitt/Amos
that "Resolution approving completion of project and recommendation of acceptance of work for
work performed by Boomerang Corp., formerly Ricklefs Excavating Ltd, of Anamosa, Iowa, at a
total cost of $1,201,613.83, for the FY 2016 Northeast Industrial Park Sanitary Sewer and Water
Main Extensions, Contract No. 900, and receive and file two-year maintenance bond", be adopted.
Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-853.
146748 - Amos/Morrissey
that Final Quantity Summary for a net decrease of$6,126.77 for the FY 2018 Sink Creek Channel
Cleanout and Shaping, Contract No. 924, be received, placed on file and approved. Roll call vote-
Ayes: Six. Motion carried.
Mr. Schmitt questioned if the county is involved in conversations about the Sink Creek area.
Jamie Knutson, Interim City Engineer, explained that the county has indicated that they are not
interested in doing repairs to the area.
November 19, 2018 Page 8
Mr. Morrissey requested an overview of the repairs made for the project.
Jamie Knutson provided an overview of the project.
Mr. Jacobs questioned what the next step is to get the county on board with the project.
Mayor Hart stated that the Engineering Department would reach out to the county to try and get
them to support the project.
146749 - Amos/Morrissey
that "Resolution approving completion of project and recommendation of acceptance of work for
work performed by Lodge Construction, Inc. of Clarksville, Iowa, at a total cost of$95,532.23, for
the FY 2018 Sink Creek Channel Cleanout and Shaping, Contract No. 924, and receive and file two-
year maintenance bond", be adopted. Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-854.
146750 - Schmitt/Juon
that "Resolution approving certification to the Black Hawk County Auditor for expenditures that
qualify for reimbursement in the FY 2018 Downtown Waterloo Urban Renewal and Redevelopment
Tax Increment District, and place the certification on file", be adopted. Roll call vote-Ayes: Six.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-855.
146751 - Schmitt/Juon
that "Resolution approving certification to the Black Hawk County Auditor for expenditures that
qualify for reimbursement in the FY 2018 Martin Road Tax Increment District, and place the
certification on file",be adopted. Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-856.
146752 - Schmitt/Juon
that "Resolution approving certification to the Black Hawk County Auditor for expenditures that
qualify for reimbursement in the FY 2018 Northeast Industrial Park Urban Renewal and
Redevelopment Tax Increment District, and place the certification on file", be adopted. Roll call
vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-857.
146753 - Schmitt/Juon
that "Resolution approving certification to the Black Hawk County Auditor for expenditures that
qualify for reimbursement in the FY 2018 Rath Area Tax Increment District, and place the
certification on file", be adopted. Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-858.
146754 - Schmitt/Juon
that "Resolution approving certification to the Black Hawk County Auditor for FY 2018
expenditures that qualify for reimbursement in the East Waterloo Unified Urban Renewal &
Redevelopment Tax Increment District, and place the certification on file", be adopted. Roll call
vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-859.
146755 - Schmitt/Juon
November 19, 2018 Page 9
that "Resolution approving°'certification to the Black Hawk County Auditor for expenditures that
qualify for reimbursement in the FY 2018 San Marnan Tax Increment District, and place the
certification on file",be adopted. Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-860.
146756 - Schmitt'Juon
that "Resolution approving certification to the Black Hawk County Auditor for expenditures that
qualify for reimbursement in the FY 2018 Crossroads Waterloo Tax Increment District, and place
the certification on file", be adopted. Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-861.
146757 - Juon/Amos
that "Resolution approving $7,200 Wetland Delineation Study by MMS Consultants, Inc. for land
near the Northeast Industrial Park area", be adopted. Roll call vote-Ayes: Six. Motion carried.
Mr. Morrissey questioned What wetland is impacted.
Aric Schroeder, City Planner, it impacts the Blowers drainage.
Resolution adopted and upon approval by Mayor assigned No. 2018-862.
146758 - Juon/Amos
that "Resolution approving a Professional Services Agreement with Thomas R. Zahn & Associates,
LLC of St. Paul, Minnesota for historical services, in conjunction with the previously awarded
African-American Civil Rights Grant, and authorize the Mayor and City Clerk to execute said
documents", be adopted. Roll call vote-Ayes: Six. Motion carried.
Mr. Amos requested an overview of the item.
Thomas Zahn, Thomas R. Zahn & Associates, explained that a historical survey will be done for
properties located in the Smokey Row for properties that are related to African American history and
civil rights history, help apply for National Historic designation, and design panels for historic
locations.
Mr. Morrissey questioned if this is specifically focusing on the Smokey Row boundaries.
Thomas Zahn explained that they have a list of several sites.
Resolution adopted and upon approval by Mayor assigned No. 2018-863.
ORDINANCES
146759 - Morrissey/Amos
that "an Ordinance approving a request to vacate a portion of West 4th Street (former Bridge Street)
right-of-way, located adjacent to 501-503 Commercial Street, subject to the retention of a utility
easement over, under and upon the entire vacate area", be received, placed on file, considered and
passed for the third time and adopted. Roll call vote-Ayes: Six. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5475.
OTHER COUNCIL BUSINESS
146760 - Amos/Morrissey
that Change Order No. 1 for a net increase of$6,242.84 for the Waterloo Waste Water Treatment
Plant Administrative Cooling Project, Contract No. 957, and authorize the Mayor and City Clerk to
November 19, 2018 Page 10
execute said document, be received, placed on file and approved. Voice vote-Ayes: Six. Motion
carried.
146761 - Amos/Morrissey
that Change Order No. 2 for a net increase of$5,066 for the Waterloo Waste Water Treatment Plant
Administrative Cooling Project, Contract No. 957, and authorize the Mayor and City Clerk to
execute said document, be received, placed on file and approved. Voice vote-Ayes: Six. Motion
carried.
ADJOURNMENT
146762 - Morrissey/Juon
that the Council adjourn at 7:03 p.m. Voice vote-Ayes: Six. Motion carried.
/ / A
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Kelley Felc(-
City Clerk