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HomeMy WebLinkAboutMinutes-August 20, 2018 August 20, 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, August 20, 2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Dave Zellhoefer, City Attorney. 146395 - Juon/Jacobs that the Agenda, as proposed, for the Regular Session on Monday, August 20, 2018 at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. 146396 - Juon/Jacobs that the Minutes, as proposed, for the Regular Session on Monday, August 13, 2018 at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. Mrs. Juon asked that the ISO rating changed be noted in the minutes. Proclamation declaring August 19-25, 2018 as Water& Wastewater Workers Week. Recognition and swearing in of new Police Officers, Jordan Helgeson, Kyle Janikowski, and Kristie Sommer. ORAL PRESENTATIONS Marcella Gruver, 203 Miriam Drive, asked the council to prohibit Pride Fest from taking place in Waterloo. Bob Manning, 2908 W. 3rd Street Cedar Falls and Homebuilders Association, announced that the 2018 parade of homes is Thursday through Sunday this week and one-fourth of the homes will be located in Waterloo. Amy Siglin, 1908 Lorraine Avenue, explained that she was upset because 23 cars were parked on her street and questioned why Enterprise Rent-a-Car is allowed to put an abundance of vehicles on their street. Dwayne Eilers, 1205 1/2 Bishop Street, explained that the city towed his semi but that he has routinely complained about code violations and nothing has happened and believes that the city discriminates against him. Bruce Kaesser, CRC Apartments, shared a quote from Mother Teresa about kindness, happiness, and honesty. Forest Dillavou, 1725 Huntington Road, commented that he attended the University Avenue reconstruction meeting and stated that he was upset to hear that the design is going to include a roundabout and questioned who approved the change to the design. Mayor Hart summarized the the University project and noted that council will be voting on each phase of the project and that he accepts all responsibility for any miscommunication or misrepresentation during previous discussions. John Sherbon, 1715 Robin Road, commented on the University project and the growing cost and he disagrees with the safety concern stated for the Fletcher Avenue intersection. David Dryer, 3145 W. 4th Street, questioned what the cost is for AECOM engineering the University Avenue project. Mayor Hart explained that AECOM performs the work under the current contract and that all of the projects being discussed here were also discussed at a public meeting held about one month ago. August 20, 2018 Page 2 Kyle Ramaker, 1905 Lorraine, explained that Enterprise Rent-a-Car is creating a safety hazard by parking their cars on the residential street. Mr. Morrissey highlighted some of the events happening at Pride Fest,the Parade of Homes, and Friday'Loo. Mr. Jacobs commented that the professional level of the council meetings has deteriorated including oral comments and encouraged residents to not make commentary after their time has ended because people and prospective employers are watching the meetings. He commented that he does not support removing a bridge at Greenhill Road and supports moving the project to the West section of University Avenue to minimize the impact to the businesses in that location. 146397 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote-Ayes: Six. Motion carried. CONSENT AGENDA 146398 - 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 August 20, 2018 in the amount of$2,675,036.16, 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. 2018-609. 2. Resolution approving request from Cindy McGeough for a waiver for a concrete driveway, located at 800 Wisner Drive, with the elimination of the sidewalk section due to the inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2018-610. 3. Resolution approving request of Main Street Waterloo, Waterloo Community Schools and the City of Waterloo, to hold the 20th Annual Fun Run event on Tuesday, September 18, 2018 from 9:30 a.m. to Noon, including street closure and noise variance for the use of a PA system. Resolution adopted and upon approval by Mayor assigned No. 2018-611. 4. Resolution approving preliminary plans, specifications, bid documents, etc., setting a date of bid opening as September 13, 2018 and setting a date of public hearing as September 17, 2018 for the Satellite Wet Well Rehabilitation, Contract No. 907, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2018-612. 5. Resolution approving preliminary plans, specifications, bid documents, etc. and setting date of bid opening as September 13, 2018, and date of public hearing as September 17, 2018, in conjunction with the Waste Management Wing Dike, Contract No. 966, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2018-613. 6. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as September 6,2018 and date of public hearing as September 10, 2018 for the FY 2019 Sidewalk Repair Assessment Program- Zone 8, Contract No. 958, and instruct City Clerk to publish notice. August 20, 2018 Page 3 Resolution adopted and upon approval by Mayor assigned No. 2018-614. b. Motion to approve the following: 1• Travel Requests Name & Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. 5 Waterloo Police Field Training Officer Waterloo, September $2,250.00 Officers (TBD) Certification IA BHBSO 24-28, 2018 Training Center 2. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Expiration Includes Renewal Date Sunday a. Kwik Star#569, 875 Fisher B Wine/ C Beer Renewal 8/27/2019 X Drive 3. Recommendation of appointment/promotion of Chad McNamara, Equipment Operator I, from the current Civil Service list, to the position of Equipment Operator II in the Street Department, effective August 27, 2018. 4. Bonds. Roll call vote-Ayes: Seven. Motion carried. PUBLIC HEARINGS 146399 - Schmitt/Amos that proof of publication of notice of public hearing on an amendment to the City of Waterloo Zoning Ordinance No. 5079 to expand the Alcohol Sales Use Overlay District and change the requirement for retail area of a grocery store from 10,000 square feet to 15,000 square feet, as published in the Waterloo Courier on August 10, 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. 146400 - Schmitt/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. 146401 - Schmitt/Amos that "an Ordinance amending Ordinance No. 5079, as amended, the City of Waterloo Zoning Ordinance, to expand the Alcohol Sales Use Overlay District and change the requirement for retail area of a grocery store from 10,000 square feet to 15,000 square feet," be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Six. Motion carried. Mr. Morrissey questioned if the increase square footage requirement applies to areas outside of the overlay district and if pharmacies are allowed to sell beer and wine. Noel Anderson, Community Planning and Development Director, explained the restrictions that would apply, and that pharmacies are listed within the overlay district with permitted use with some specific requirements. August 20, 2018 Page 4 Mr. Morrissey questioned if pharmacies would be able to sell any type of alcoholic beverage and if the square footage increase applies even to outside the overlay districts. Noel Anderson explained the only impact outside of the overlay districts would be signage allowed for a grocery store under 15,000 square feet. Mr. Schmitt questioned the expansion of the district. Noel Anderson explained that the council asked to have a review of the overlay district and explained the expanded boundary of the Church Row Overlay District. 146402 - Schmitt/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Four. Nays: Two (Klein and Schmitt). Motion failed. Noel Anderson explained that anyone who wants to open a business in the overlay district must apply to do so prior to passing the ordinance to receive grandfathered status. Mrs. Klein questioned if any properties are in the pipeline to be considered. Noel Anderson explained that there were none that he was aware of, other than the pending Byron Avenue Hy-Vee case. RESOLUTIONS 146403 - Morrissey/Amos that "Resolution setting the date of a Special Election as November 6, 2018 to fill the City Council Ward 5 vacancy, and directing City Clerk to notify the Black Hawk County Elections Office," be adopted. Roll call vote-Ayes: Three. Nays: Three (Jacobs, Klein, and Schmitt). Motion failed. Resolution assigned No. 2018-615. 146404 - Klein/Jacobs Amend to call for special election on December 11 and table action to September 4. Roll call vote- Ayes: Three. Nays: Three (Morrissey, Amos, and Juon). Motion failed. Mrs. Klein commented that she wants the election to remain non-partisan and has concern for holding the election during the general election due to partisan politics. She further explained that she is okay with spending the funds to ensure that the political parties stay out of the election. Mrs. Juon commented that she is concerned that the council should not be without a seventh member for too long. Mr. Morrissey commented that he is opposed to the amendment because voters are intelligent enough to separate this election from a general election, and that both the cost and amount of time allowed for individuals who wish to run for council is equal to what all current council members had in a regular election and he agrees with Mrs. Juon on her comment regarding the time without a seventh council member. Mr. Schmitt questioned what the outcome if the resolution fails. Kelley Felchle, City Clerk, explained that the 60-day time frame has begun and council must agree on how to proceed. Mayor Hart commented on the importance of getting another council member as soon as possible. Mr. Schmitt questioned what happens if the council cannot come to a majority vote. Kelley Felchle explained that the county auditor will call for an election in December. August 20, 2018 Page 5 Mayor Hart commented that by failing to take action tonight puts the city dangerously close to being out of compliance with the state. Mrs. Klein commented again on the need to keep partisan out of the city election process. Mayor Hart reminded the council there are only a certain amount of dates available based upon the time frame. 146405 - Juon/Amos To place an item on the August 27th agenda calling for an election on October 2, 2018. Roll call vote-Ayes: Three. Nays: Three (Jacobs, Klein, and Schmitt). Motion failed. Mrs. Klein explained that her reason for advocating for the December election was because it would be unfair to expect anyone to execute a good campaign in a limited time. Mr. Jacobs questioned what the compliance issues are with the state. Mayor Hart explained that by state code we must have seven council members. Kelley Felchle provided further details regarding the timeline for an election. Mr. Morrissey commented on his disappointment that the November date was not agreed upon because it would result in more voters at the polls. Mrs. Juon commented that the residents of Ward 5 deserve to be fully represented on this council. Mr. Schmitt commented that those candidates who have expressed an interest in running, would have an unfair amount of time in which to prepare. Mr. Morrissey commented that a December election would require a campaign during the holidays. 146406 - Amos/Morrissey that "Resolution approving award for audit services to RSM US, LLP for the fiscal years ending June 30, 2018, 2019 and 2020, at estimated fees of$82,130, $84,490 and $86,850, respectively," be adopted. Roll call vote-Ayes: Six. Motion carried. Mr. Schmitt questioned if these services are bid on a regular basis. Michelle Weidner, Chief Financial Officer, explained that the contract is bid once every three years. Mrs. Klein questioned if the council saw the bids. Michelle Weidner explained that two bids were received but she did not have those with her at this time. Resolution adopted and upon approval by Mayor assigned No. 2018-616. 146407 - Amos/Morrissey that "motion approving Change Order No. 1 for a net decrease of ($2,370.00) for the FY 2018 Manhole Inspection-Service Areas 10,11,12, and 13 Project, Contract No. 935", be adopted. Roll call vote-Ayes: Six. Motion carried. 146408 - Amos/Morrissey that"Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Dependable Drain and Plumbing/Dependable Maintenance Systems, in the amount of $27,930, for the FY 2018 Manhole Inspection-Service Areas 10,11,12 and 13, Project, Contract No. 935,"be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-617. August 20, 2018 Page 6 146409 - Schmitt/Amos that "Resolution approving Supplemental Agreement No. 2 with AECOM, for a net increase in the amount of $37,500, for the Dry Run Creek Interceptor City of Waterloo, Contract No. 877," be adopted. Roll call vote-Ayes: Six. Motion carried. David Dryer, 3145 W. 4th Street, questioned the need for the change order. Steve Hoambrecker, Waste Management Director, explained that the change order covers improvements added to the project. Resolution adopted and upon approval by Mayor assigned No. 2018-618. 146410 - Schmitt/Amos that"Resolution approving an Amendment to the Development Agreement with Veteran Enterprises, Ltd. of Waterloo, Iowa, approved July 6, 2009, for an extension for construction on Phase III, and authorize the Mayor and City Clerk to execute said documents," be adopted. Roll call vote-Ayes: Six. Motion carried. Noel Anderson provided an overview of the item. Mrs. Klein questioned the commencement date. Noel Anderson provided clarification. Resolution adopted and upon approval by Mayor assigned No. 2018-619. 146411 - Morrissey/Amos that "Resolution approving an Amendment to the Development Agreement with Powers Manufacturing Company of Waterloo, Iowa, approved July 11, 2005, to allow the company to purchase property from the City of Waterloo, in the amount of$60,764.50, and authorize 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. 2018-620. 146412 - Morrissey/Amos that "Resolution approving Supplemental Agreement No. 2 to the Professional Services Agreement with AECOM Technical Services, Inc. of Waterloo, Iowa, with an estimated fee of $25,000, in conjunction with the FY 2018 Virden Creek Levee Improvements, Contract No. 947, 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. 2018-621. ORDINANCES 146413 - Schmitt/Amos that "an Ordinance providing that general property taxes levied and collected each year on all property located within the newly expanded Northeast Industrial Area Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal project", be 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. 5464. OTHER COUNCIL BUSINESS August 20, 2018 Page 7 146414 - Amos/Morrissey that a motion approving Change Order No. 2 for a net increase of $28,434.72 for the FY 2018 Asphalt Overlay Program, Contract No. 943, and authorize the Mayor and City Clerk to execute said document be approved. Voice vote-Ayes: Six. Motion carried. Jamie Knutson, Interim City Engineer, provided an overview of the change order. Mr. Jacobs questioned what the expansion means to the city. Noel Anderson explained that the expansion plans are still being explored and how the expansion efforts will increase employment opportunities. 146415 - Morrissey/Amos that "Resolution approving proposed construction of sidewalk improvements in conjunction with the FY2019 Sidewalk Repair Assessment Program — Zone 8, Contract No. 958," be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-622. 146416 - Morrissey/Amos that "Resolution to fix value of lots in conjunction with the FY2019 Sidewalk Repair Assessment Program—Zone 8, Contract No. 958", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-623. 146417 - Morrissey/Amos that "Resolution to adopt proposed plat and schedule of assessments and estimate of costs in conjunction with the FY2019 Sidewalk Repair Assessment Program—Zone 8, Contract No. 958", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-624. 146418 - Morrissey/Amos that "Resolution of necessity and setting date of hearing as September 10, 2018 in conjunction with the FY2019 Sidewalk Repair Assessment Program — Zone 8, Contract No. 958", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-625. ADJOURNMENT 146419 - Morrissey/Jacobs that the Council adjourn at 6:56 p.m. Voice vote-Ayes: Six. Motion carried. Kelley Fe le City Clerk