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HomeMy WebLinkAboutMinutes-September 10, 2018 September 10, 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, September 10, 2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Klein, Amos, and Juon. Mr. Schmitt arrived at 5:35 p.m. Prayer or Moment of Silence. Pledge of Allegiance: Rudy Jones, Community Development Director 146481 - Juon/Amos that the Agenda, as amended, by amending Public Hearing Item #4, amending Resolution confirming approval of plans, specifications, form of contract, etc., to read, Resolution authorizing proposed repairs to sidewalk; Resolution authorizing to proceed, to read, Resolution adopting proposed resolution of necessity; and by striking, motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review, for the Regular Session on Monday, September 10, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Five. Motion carried. 146482 - Juon/Amos that the Minutes, as proposed, for the Regular Session on Monday, September 4, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Five. Motion carried. Proclamation declaring September 15, 2018, as Latino Heritage Day. Recognition of Carolyn Sallis for 30 years of employment. Recognition of Kim Chapman for 30 years of employment. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, commented that he read in the Courier that the water treatment plant had overflows. Steve Hoambrecker, Waste Management Services Director, explained that the city had an unusually large amount of rain last week and the capacity of the sewer system was overwhelmed and six overflows occurred with several basement backups. What did overflow was incredibly diluted. Bruce Kaesser, CRC Apartments, commented that he would like the Mayor to extend an olive branch to Mr. Eilers who was removed from the council meeting last week. Chawne Paige, 210 Normandy Street and Curator at the Center for the Arts, invited the public to the Center for the Arts on September 13, 2018 from 10:00 a.m. to 4:30 p.m. to attend the Arts Summit which will brainstorm on how to raise awareness of the arts overall in the Cedar Valley in order to make them energizing, representative, and elevated in the community. Speakers from all over Iowa and the Midwest will be in attendance as well. A reception and gallery talk will start at 5:00. Mr. Morrissey shared that on Tuesday, September 18, 2018 at Payne AME Church at 6:30 p.m. the Smokey Row public meeting will take place. Mayor Hart explained that the City of Waterloo received federal grant dollars to fund historical surveys of neighborhoods in Waterloo and Smokey Row Neighborhood is one of the neighborhoods that will be studied. Mr. Schmitt reminded the public that this is National Cattle Congress week. 146483 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote-Ayes: Six. Motion carried. CONSENT AGENDA 146484 - Juon/Schmitt September 10, 2018 Page 2 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 September 10, 2018, in the amount of$1,798,772.56 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. 2018-673. 2. Resolution approving request from Terence Starks for a waiver for a concrete driveway located at 501 Lakeside Street, 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. 2018-674. 3. Resolution approving request of East High School to hold their annual Homecoming Parade on September 21, 2018 from 2:00 p.m. to 3:00 p.m., beginning and ending at East High, traveling on E. 5th, Sycamore and E. 4th Streets, including a street closure of High Street from 10:00 a.m. to the starting time of the parade Resolution adopted and upon approval by Mayor assigned No. 2018-675. b. Motion to approve the following: 1• Travel Requests Name & Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. Lance Dunn, Human IAPELRA Fall Johnston, IA September NTE Resources Director Conference (Iowa Public 13-14, 2018 $333.10 Employer Labor Relations Association) b. Jon Martin and Matt Iowa Association of Hawkeye October 3- $600.00 Chesmore Housing Officials Community 5, 2018 Annual Classes and College Conference c. Kent Shankle, Return Gerberich Providence, September $1,290.00 Director artwork, pick up new RI 13-18, 2018 donated artwork d. SportsPlex Employees Workplace issues and Waterloo September $600.00 customer service training SportsPlex 23, 2018 2. Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunday a. Firewater Cafe, 712 Jefferson C Liquor Renewal 8/31/2019 Street w/Outdoor Service b. Holiday Inn Express, 2127 Special C Liquor/ Renewal 9/30/2019 x LaPorte Road Living Quarter c. Kwik Star#1004, 111 E. B Wine/C Beer New 10/21/2019 x Donald Street d. Marin Gallery, 615 B Native Wine New 8/31/2019 x Sycamore Street e. Rudy's Tacos - Beer Hall - C Liquor Renewal 9/27/2019 Lava Lounge, 2401 Falls Avenue 3. Mayor Hart's recommendation of the following appointments: September 10, 2018 Page 3 Appointee Board/Commission Expiration New or Date Re-Appointment Larry Bjortomt Library Board of Trustees 06/30/2020 New David Deeds Main Street Waterloo 12/31/2018 New Redevelopment Authority Marla Edler Main Street Waterloo 12/31/2019 New Redevelopment Authority Kim Huff Main Street Waterloo 12/31/2018 New Redevelopment Authority Rick Jaacks Main Street Waterloo 12/31/2020 New Redevelopment Authority Jane Messingham Main Street Waterloo 12/31/2018 New Redevelopment Authority Tony Stammler Main Street Waterloo 12/31/2019 New Redevelopment Authority Ivan Valtchev Main Street Waterloo 12/31/2018 New Redevelopment Authority Andy VanFleet Main Street Waterloo 12/31/2018 New Redevelopment Authority 4. Recommendation of appointment of Dana Jackson from the Civil Service list to the position of Inspector/Maintenance Supervisor for the Waterloo Housing Authority effective September 17, 2018. 5. Recommendation of appointment of Kate Winston to the position of Clerk II in the Police Department effective September 24, 2018. 6. Cigarette/Tobacco Permit New Application for Kwik Stop#3, 1104 Washington Street. 7. Cigarette/Tobacco Permit New Application for Wishbone II, 201 W. 18th Street. 8. Bonds. Jessica Rucker, Main Street Waterloo Director, explained that they had several openings take place on their board and appointed these individuals to fill out the remainder of the term. Roll call vote-Ayes: Six. Motion carried. PUBLIC HEARINGS 146485 - Schmitt/Amos that proof of publication of notice of public hearing on request by Steies Holdings, LLC to vacate, sell and convey a 2,009.2 square foot public alley located northwest of 2022 Jefferson Street, in the amount of$2,150.92, plus filing fees, as published in the Waterloo Courier on August 31, 201, 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. 146486 - 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: Six. Motion carried. 146487 - Schmitt/Amos that "an Ordinance approving a request by Steies Holdings, LLC to vacate a 2,009.2 square foot public alley located northwest of 2022 Jefferson Street", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Six. Motion carried. Noel Anderson, Community Planning and Development Director, provided an overview of the item. September 10, 2018 Page 4 Mr. Morrissey questioned if the concerns about this item have been resolved. Noel Anderson confirmed. 146488 - 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. 146489 - Schmitt/Amos that "an Ordinance approving a request by Steies Holdings, LLC to vacate a 2,009.2 square foot public alley located northwest of 2022 Jefferson Street", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Five. Nays: One (Klein). Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5467. 146490 - Schmitt/Amos that "Resolution authorizing sale and conveyance of city owned property located northwest of 2022 Jefferson Street, to Steies Holdings, LLC in the amount of $2,150.92, and authorize the Mayor to execute all necessary documents", be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-676. 146491 - Amos/Schmitt that proof of publication of notice of public hearing on request of Overland Group, LLC for the sale and conveyance of city owned property located at the northeast corner of Idaho Street and Martin Luther King, Jr. Drive in the amount of $12,000.00, and approving a Purchase Agreement, as published in the Waterloo Courier on August 31, 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. 146492 - Amos/Schmitt that the hearing be closed. Voice vote-Ayes: Six. Motion carried. 146493 - Amos/Morrissey that "Resolution approving the sale and conveyance of city owned property located at the northeast corner of Idaho Street and Martin Luther King, Jr. Drive to The Overland Group, LLC in the amount of $12,000.00, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-677. 146494 - Amos/Morrissey that "Resolution approving a Purchase Agreement between The Overland Group, LLC and the City of Waterloo, Iowa, for the purchase of city-owned property located at the northeast corner of Idaho Street and Martin Luther King, Jr. Drive, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-678. 146495 - Morrissey/Schmitt that proof of publication of notice of public hearing on FY 2019 Sidewalk Repair Assessment Program - Zone 8, Contract No. 958, as published in the Waterloo Courier on August 23 & 30, 2018, be received and placed on file. Voice vote-Ayes: Six. Motion carried. September 10, 2018 Page 5 This being the time and place of public hearing, the Mayor called for written and oral comments. Jacob Barnhart, 1400 W. Ridgeway Avenue, explained that a water main valve located in the front of his residence had not been properly connected and the Water Works disconnected the water so that he could change the valve but the cap on the valve could not be replaced because it was too rusted. He was later notified that the valve needed to be lowered to prevent a tripping hazard along the sidewalk, and that he would be responsible for the cost. He contacted the city and was told that he could repair it himself and that the city would come out to reassess upon completion. He notified the city that the repairs were complete, but did not hear back and now he has received a notice that he still owes the $400 repair bill even though he made the repairs himself. Mayor Hart directed Mr. Barnhart to meet with city staff following the hearing to take care of his issue. 146496 - Morrissey/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Six. Motion carried. 146497 - Morrissey/Amos that "Resolution authorizing proposed repairs to sidewalk", be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-679. 146498 - Morrissey/Amos that"Resolution adopting Proposed Resolution of Necessity, as proposed or amended", be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-680. Mayor announced that the public hearing for the FY 2019 Sidewalk Repair Assessment Program - Zone 8, Contract No. 958 has been cancelled due to no bids received. RESOLUTIONS 146499 - Schmitt/Amos that "Resolution approving temporary, parking prohibited signs on the northeast side of Lafayette Street from E. 2nd Street to Mullan Avenue", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-681. 146500 - Schmitt/Amos that "Resolution authorizing the next phase of construction on University Avenue from Greenhill Road to Midway Drive, and authorizing City Staff to begin condemnation proceedings to allow for acquisition of temporary easements for the construction of the bike trail", be adopted. Roll call vote- Ayes: Five. Nays: One (Morrissey). Motion carried. David Dryer, 3145 W. 4th Street, commented that he does not see why the city would need to undertake condemnation to take over more property when the footprint of the road is going to decrease. Jamie Knutson, Interim City Engineer, explained that the condemnation process is for temporary easements to install the bike trails and to connect the driveways to the roadway. Keenan Davis, Slumberland Furniture 4020 University Avenue, explained that moving the project is better for businesses and that he would like to sell or improve the property and feels that if the project moves to the west then it will benefit this business corridor. September 10, 2018 Page 6 Mr. Amos commented that after the work session and speaking to the Mayor and Noel Anderson he supports of moving the project to the west next. Mrs. Juon commented that she supports moving the project to the west next with to conditions which include using condemnation and making certain that the east portion is equally developed. Mr. Schmitt commented that this is a great example of the business community reaching out to help change the conversation and complemented staff on their willingness to make these changes. Mr. Morrissey commented that he supports undertaking construction on the east section rather than the west and listed several reasons, which include, public safety, construction timelines, potential cost savings, and avoiding the condemnation process. Mr. Jacobs explained that several business owners favor moving construction to the west section and thanked Noel Anderson for his willingness to listen and move the project. He commented that he is committed to fully completing the east section as originally presented and does not support spending money on the roundabout at Greenhill. Mrs. Klein commented that she lives on the far west side of Waterloo by this construction project and that she and her neighbors want to see a grocery store and businesses come back to this section. She stated that she supports moving the project to the west. Resolution adopted and upon approval by Mayor assigned No. 2018-682. 146501 - Schmitt/Amos that "Resolution approving a Permanent Drainage and Utility Easement Agreement in the amount of $29,000, with Nisvet Covic and Fikreta Dervisevic, in relation to the Delane Creek Drainage Basin Improvements Project, located at 2802 Delane Avenue", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-683. 146502 - Morrissey/Amos that "Resolution approving acceptance of 2019 GTSB Highway Safety Grant in the amount of $50,900 for impaired driving enforcement", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-684. 146503 - Morrissey/Amos that "Resolution approving a Professional Services Agreement with Ritland+Kuiper Landscape Architects, of Waterloo, Iowa, in an amount not to exceed $9,500, in conjunction with the reconstruction of Franklin Street, from E. 1st Street to E. 6th Street, as part of the FY 2019 Street Reconstruction Program, 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. 2018-685. 146504 - Morrissey/Amos that "Resolution approving Amendment No. 1 to the Professional Services Agreement with Ritland+Kuiper Landscape Architects, in conjunction with the Lincoln Park Renovation Project, in an amount not to exceed $74,000, and authorize the Mayor to execute said documents", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-686. 146506 - Klein/Amos September 10, 2018 Page 7 that"Resolution approving a Consulting Services Agreement with Ecoengineers, in an amount not to exceed $11,850, for a preliminary Biogas to RNG Offtake Market Analysis, and authorize the Mayor to execute said document", be adopted. Roll call vote-Ayes: Six. Motion carried. Steve Hoambrecker explained that biogas is generated and that this item allows to study the potential for generating revenue by selling biogas. David Dryer, 3145 W. 4th Street, questioned the need to spend money on the analysis and commented that methane gas can be used for heating rather than natural gas, resulting in a savings. Steve Hoambrecker explained that gas generated at the plant is part methane and part carbon dioxide and to make it pipeline quality it needs to be 98-99%methane and remove the hydrogen-sulfide. This would be a large investment for the city and the study would help determine if this is a feasible capital project for the city. Bruce Kaesser, commented that he is concerned about the environmental impact of the project. Steve Hoambrecker explained that currently the gas is burned off at both locations and a better environmental impact can be achieved by converting it to usable gas. John Sherbon, 1715 Robin Road, explained that he supports this item. Mr. Morrissey questioned if the city can partner with the Black Hawk County Landfill to capture methane emitted from the landfill. Steve Hoambrecker explained that he has not had a conversation of with Black Hawk County Landfill but can in the future and that they have the potential to do this as well. Resolution adopted and upon approval by Mayor assigned No. 2018-687. 146507 - Klein/Amos that "Resolution approving City/State Funding Agreement for Federal-Aid Swap Funding, in conjunction with the FY 2017 Hammond Avenue Bridge Replacement Over Sink Creek, Contract No. 922, as part of the Department of Transportation's City Highway Bridge Program, in the amount of$1,000,000, and authorize the Mayor to execute said document", be adopted. Roll call vote-Ayes: Six. Motion carried. Mr. Morrissey questioned the impact of the down portions of Sink Creek. Jamie Knutson, Interim City Engineer, explained that between Hammond and Orange Road the box culvert under Orange Road is rated for a 50 year flood and it will not change the amount of water flowing to Cedar Terrace. Resolution adopted and upon approval by Mayor assigned No. 2018-688. OTHER COUNCIL BUSINESS 146508 - Amos/Morrissey that Change Order No. 5 for a net increase of$60,386 for the FY 2018 Asphalt Overlay Program, Contract No. 943, be received, placed on file and approved. Voice vote-Ayes: Six. Motion carried. Jamie Knutson explained the change order. David Dryer, 3145 W. 4th Street, questioned why change orders continue to occur and questioned if this is because the original design is not done correctly in the first place. Paul Huting provided an explanation for the change orders. 146509 - Amos/Morrissey September 10, 2018 Page 8 that Change Order No. 1 for a net increase of $47,371, for the FY 2017 Northeast Industrial Park Site Grading, Contract No. 926, be received, placed on file and approved. Voice vote-Ayes: Six. Motion carried. ADJOURNMENT 146510 - Morrissey/Amos that the Council adjourn at 6:45 p.m. Voice vote-Ayes: Six. Motion carried. / / , Kelley "- chle City Cl-