HomeMy WebLinkAboutMinutes-May 29, 2018 May 29, 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, May 29, 2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs,
Morrissey, Shimp, Klein, Amos, Schmitt, and Juon.
Prayer or Moment of Silence.
Pledge of Allegiance: Rudy Jones, Community Development Director
147055 - Juon/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, May 29, 2018, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Seven. Motion carried.
147056 - Juon/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, May 21, 2018, at 5:30 p.m., and
the Special Session on Tuesday, May 22, 2018, at 4:30 p.m., be accepted and approved. Voice vote-
Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
Dwane Ehilers, 1205 '/2 Bishop Street, explained that the police raided a home and shed he owns and
stated that he did not receive notification that the raid was to take place. The renters left and later
broke into the home. An officer stated that the renters had a right to get their property.
Myke Goings, 1203 W. 2nd Street, commented that he requested five minutes to speak last week but
was not allowed to speak.
Mayor Hart apologized that Mr. Goings was not allowed to speak.
Jim Chapman, 224 Bertch, requested an update on Sunnyside South and the Rath building.
Dave Zellhoefer, City Attorney, explained that the judge has not issued a ruling on Sunnyside South.
Noel Anderson, Community Planning and Development Director, provided an update on the Rath
building.
Mr. Morrissey commented on the success of bike to Friday Loo held on May 25 and commented that
fifteen new small businesses have opened in downtown Waterloo. He further quoted sections of
Robert's Rules of Order regarding debate of an issue.
Mrs. Klein commented that students will be getting out of school and urged drivers to watch out for
children playing.
Mr. Morrissey thanked the Fire Department for their quick response to a medical emergency.
Mr. Shimp commented that his children had a great time playing at Mark's Park and that a lot of
graffiti is showing up at Liberty Park and requested that it can be cleaned up.
147057 - Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion
carried.
CONSENT AGENDA
147058 - Juon/Schmitt
that the following items on the consent agenda be received, placed on file and approved:
a. Resolutions to approve the following:
May 29, 2018 Page 2
the amount of$17,187,137.12, a copy of which is on file in the City Clerk's office, together
Resolution adopted and upon approval by Mayor assigned No. 2018-363.
2. Resolution approving request from Cedar Valley Pridefest for a variance to the Noise
Ordinance on Friday, August 24, 2018 from 7:00 p.m. to Midnight and Saturday, August 25,
2018 from Noon to Midnight, in conjunction with the 7th Annual Pridefest Festival, along
with the street closure of the 200 and 300 blocks of W. 4th Street and the 500 and 600 blocks
of Jefferson Street during the event,together with recommendation of approval of the Police
Captain.
Resolution adopted and upon approval by Mayor assigned No. 2018-356.
3. Resolution approving request from Riverloop Association Inc. for a variance to the Noise
Ordinance from April 30 through November 16, 2018 from 10:00 a.m. to midnight, in
conjunction with music concerts, wedding receptions, movies on the river, etc., including
bands and the use of a PA system,together with recommendation of approval of the Police
Captain.
Resolution adopted and upon approval by Mayor assigned No. 2018-357.
4. Resolution approving request from Shatora Jones, on half of True Believer's Global Outreach
E.L.I.T.E. Inc., for a variance to the Noise Ordinance on August 18, 2018 from 12:00 p.m. to
3:00 p.m., in conjunction with a back to school drive to be held at Lafayette Park, including
food, music and the use of a PA system,together with recommendation of approval of the
Police Captain.
Resolution adopted and upon approval by Mayor assigned No. 2018-358.
5. Resolution approving request from Tasha Young for a variance to the Noise Ordinance on
June 1, 2018 from Noon to 8:00 p.m. for a graduation party being held at 1316 Mulberry
Street,together with recommendation of approval of the Police Captain.
Resolution adopted and upon approval by Mayor assigned No. 2018-359.
6. Resolution approving request from Full House Productions, LLC dba Spicoli's, for a variance
to the Noise Ordinance, on May 24-27, 2018, in conjunction with the Corn Stock music
event, including a beer garden, PA system, and live band music,together with
recommendation of approval of the Police Captain.
Resolution adopted and upon approval by Mayor assigned No. 2018-360.
7. Resolution approving preliminary plans, specifications,bid documents, etc. and setting a date
of bid opening as May 31, 2018 and date of public hearing as June 4, 2018, in conjunction
with the mowing contracts for city owned lots generally acquired through Iowa Code 657A,
and instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2018-361.
8. Resolution approving preliminary plans, specifications, form of contract, etc. and setting the
date of bid opening as June 7, 2018, and public hearing as June 11, 2018, in conjunction with
asbestos abatement services at 807, 809-811 East 4th Street, and instructing City Clerk to
publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2018-362.
• ' - . . . .. . -- . •. . . . .. . ... . . . . - _ . - . . .
instruct City Clerk to publish said notice.
May 29, 2018 Page 3
b. Motion to approve the following:
1• Travel Requests
Name & Title of Amount
Personnel Class/Meeting Destination Date(s) not to
Exceed
a. Scott Strader, Jennifer Engineered Lumber Johnston, IA June 5, $807.00
Sparks and Brian Design& Construction 2018
Baker
2. Approved Beer, Liquor, and Wine Applications
Name &Address of Business Class New or Expiration Includes
Renewal Date Sunday
a. The Isle Casino Hotel B Liquor New 4/30/2019
Waterloo, 777 Isle of Capri
Blvd. *OWNERSHIP
UPDATE*
b. Risque' Gentlemen's Club, C Liquor Renewal 5/27/2019
301 W. 4th Street
3. k4
. . . - • ., . . . -- • . .. - • - .•:- - - - . . '•. •- -- 't ' -
D-.. -- -
4. Motion to approve application for Fireworks Display for My Waterloo Days at the Park Avenue
Bridge on Saturday, June 9, 2018, beginning at 9:45 p.m.
Mrs. Klein requested item 1.A.9 be removed for discussion.
Mr. Shimp requested that item 1.B.3 be removed for discussion.
Mr. Schmitt requested item 1.A.1 be removed for discussion.
Mr. Shimp stated that he would abstain on item 1.B.2.
Roll call vote-Ayes: Six.Nays: Zero. Abstain: One. (Shimp on The Isle liquor license, item 1.B.2.a.)
Motion carried.
147059 - Schmitt/Shimp
Resolution approving Finance Committee Invoice Summary Report, dated May 29, 2018, in the
amount of $17,487,137.12, a copy of which is on file in the City Clerk's office, together with
recommendation of approval of the Finance Committee. Roll call vote-Ayes: Seven. Motion
carried.
Mr. Schmitt requested an overview of the item.
Michelle Weidner, chief Financial Officer,provided an overview of the item.
Resolution adopted and upon approval by Mayor assigned No. 2018-363.
147060 - Klein/Shimp
Resolution approving preliminary specifications, bid document, etc. and setting date of bid opening
as June 21, 2018 and public hearing as June 25, 2018, in conjunction with the purchase of two (2)
2019 single axle, snow control (plow), 37,000 GVW dump trucks, and instruct City Clerk to publish
said notice. Roll call vote-Ayes: Seven. Motion carried.
Mrs. Klein questioned how the bid specifications are developed.
Sandie Greco, Interim Public Works Director, explained how the bid specifications are developed and
explained that they send out specifications to local vendors.
May 29, 2018 Page 4
Mrs. Juon questioned if we utilize the state bid as well.
Sandie Greco confirmed.
Resolution adopted and upon approval by Mayor assigned No. 2018-364.
147061 - Shimp/Morrissey
Motion to appoint Ryan Doland to the position of Property Evidence Technician in the Police
Department, effective June 4, 2018. Roll call vote-Ayes: Seven. Motion carried.
Mr. Shimp requested an overview of the item.
Dan Trelka, Chief of Police, provided an overview of the position and stated that officers on light
duty would not be suited to fill the position as it requires heavy lifting.
PUBLIC HEARINGS
147060 - Shimp/Juon
that proof of publication of notice of public hearing on Lease agreement with Verve Kombucha,
LLC for property located at 327 W. 3rd Street(Public Market Building) for a term ending June 30,
2025, as published in the Waterloo Courier on May 18, 2018, be received and placed on file. Voice
vote-Ayes: Five. Nays: None. Abstain: Two. (Schmitt and Morrissey). Motion carried.
Mr. Schmitt and Mr. Morrissey left the room due to their stated conflict of interest.
This being the time and place of public hearing,the Mayor called for written and oral comments.
Andy Futchman, 422 Ellen Street and Verve Kombucha, LLC, thanked the individuals who served
on the selection board and for those that applied as well.
Darrin Beck, Barmuda Companies, explained that his company offered a better proposal and that this
is a do or die situation for Lark Brewing. He further commented that he wishes the council and
Verve Kombucha well.
Caleb Gable, 1415 Eric Road, Cedar Falls, stated that he is employed by Lark Brewery and stated
that the city needs diversity in its options for establishments.
Carrie Darrah, Greater Cedar Valley Alliance and Chamber,thanked the city along with Noel
Anderson and Adrienne Miller for their work on the project. She further encouraged the city to find
homes in downtown waterloo for the remaining businesses and offered assistance for placement.
Nate Nims, 930 Sunrise Blvd, commented that all three businesses have great proposals but that he
supports Lark Brewing.
Jim Miller, 117 Forest Avenue, commented he is support of Verve Kombucha.
Kyle Klingman, Dan Gable Wrestling Museum, commented that all three proposals are great but
supports the Verve Kombucha project.
147061 - Shimp/Amos
that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes:
Seven. Motion carried.
147062 - Shimp/Amos
that "Resolution approving lease agreement with Verve Kombucha, LLC for property located at 327
W. 3rd Street (Public Market Building) with monthly lease payments of$0 the first year, $1,000 the
second year, $2,000 the third year, $3,000 the fourth year, $3,833 the fifth year and $4,000 for years
six and seven, for a term ending June 30, 2025, and authorize the Mayor and City Clerk to execute
May 29, 2018 Page 5
said documents", be adopted. Roll-call vote-Ayes: Five. Nays: None. Abstain: Two (Morrissey
and Schmitt due to previously stated conflicts of interest). Motion carried.
Noel Anderson provided an overview of the agreement.
Mr. Shimp commented that this was a tough decision and that he wants to help the other projects
find a home in Waterloo as well.
Resolution adopted and upon approval by Mayor assigned No. 2018-365.
147063 - Schmitt/Amos
that proof of publication of notice of public hearing on FYE 2018 Budget Amendment, as published
in the Waterloo Courier on May 18, 2018, 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.
147064 - Schmitt/Amos
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
147065 - Schmitt/Amos
that "Resolution approving FYE 2018 Budget Amendment", be adopted. Roll-call vote-Ayes:
Seven. Motion carried.
Michelle Weidner provided an overview of the budget amendment.
Resolution adopted and upon approval by Mayor assigned No. 2018-366.
147066 - Shimp/Amos
that proof of publication of notice of public hearing on Amendment to MidAmerican Energy
Company Electric System Franchise Agreement, as published in the Waterloo Courier on May 24,
2018, 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.
Forrest Dillavou, 1725 Huntington Road, explained that he considers the franchise fee increase an
additional 1 percent tax.
147067 - Shimp/Amos
that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes:
Seven. Motion carried.
147068 - Shimp/Amos
that "an Ordinance amending Ordinance No. 5028 by increasing the franchise fee to 4 percent", be
received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Six. Nays:
One (Schmitt). Motion carried.
Mr. Schmitt commented that he believes the problem with this item is that it is difficult to identify
what the taxpayers have received from this fee increase to date. The city needs to cut expenditures
and that when the state cuts the backfill the city will need to find additional revenue.
Mrs. Klein explained that she intends to support this item and the next but stated that the city needs
to reorganize and hire a city administrator.
Mr. Shimp commented that he believes that the hotel/motel tax needs to be reallocated to the general
fund.
May 29, 2018 Page 6
Mr. Jacobs commented on the history of this item and why it comes before council today, he further
commented that efforts should be made in the future to reverse the increase in the next budget.
Mr. Morrissey commented that this is one means of raising revenue that the city has that hasn't been
taken away by the state government.
Mrs. Klein commented that it is important that council supports the citizens.
Mayor Hart commented on the hard work this council put forth on the FY19 budget.
147069 - Shimp/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Six. Nays: One (Schmitt). Motion carried.
147070 - Shimp/Amos
that "an Ordinance amending Ordinance No. 5028 by increasing the franchise fee to 4 percent", be
considered and passed for the second and third times and adopted. Roll call vote-Ayes: Six. Nays:
One (Schmitt). Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5453.
147071 - Morrissey/Amos
that proof of publication of notice of public hearing on Amendment to MidAmerican Energy
Company Natural Gas System Franchise Agreement, as published in the Waterloo Courier on May
24, 2018, 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.
Don Share, 1415 Downing Avenue, commented that the city giving incentives to businesses is the
same as corporate welfare.
147072 - Morrissey/Amos
that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes:
Seven. Motion carried.
147073 - Morrissey/Amos
that "an Ordinance amending Ordinance No. 5028 by increasing the franchise fee to 4 percent", be
received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Six. Nays:
One (Schmitt). Motion carried.
147074 - Morrissey/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Six. Nays: One (Schmitt). Motion carried.
147075 - Morrissey/Amos
that "an Ordinance amending Ordinance No. 5028 by increasing the franchise fee to 4 percent", be
considered and passed for the second and third times and adopted. Roll call vote-Ayes: Six. Nays:
One (Schmitt). Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5454.
147076 - Amos/Morrissey
that proof of publication of notice of public hearing on Purchase of one (1) 1-Ton DRW 4 X 4
pickup truck with 84" cab including a snow plow package, for the Sewer Department., as published
May 29, 2018 Page 7
in the Waterloo Courier on May 14, 2018, 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.
147077 - Amos/Morrissey
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
147078 - Amos/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. 2018-367.
147079 - Amos/Morrissey
that"Resolution authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-368.
147080 - Amos/Morrissey
Motion to receive and file and instruct City Clerk to read bids.
Estimate $ 50,000
Bidder Bid Amount
Community Chevrolet
Cedar Falls, IA $ 45,663.72
Witham Auto Sales Fleet
La Porte City, IA $ 49,045.00
Rydell Chevrolet
Waterloo, IA $ 47,131.60
McGrath Auto-Fleet
Cedar Rapids, IA $ 45,447.00
Voice vote-Ayes: Seven. Motion carried.
147081 - Amos/Morrissey
that "Resolution approving award of contract to Rydell Chevrolet of Waterloo, Iowa in the amount
of$47,131.60, in conjunction with the purchase of one (1) 1-Ton DRW 4 X 4 pickup truck with 84"
cab including a snow plow package, for the Sewer Department", be adopted. Roll-call vote-Ayes:
Seven. Motion carried.
Sandie Greco provided an overview of the item.
Resolution adopted and upon approval by Mayor assigned No. 2018-369.
RESOLUTIONS
147082 - Shimp/Amos
that "Resolution approving award of bid to Spahn & Rose Lumber Company of Jesup, Iowa, in the
amount of $125,860, in conjunction with the purchase and construction of a 60 ft. by 80 ft. pole
building at the City's Yard Waste Site, and approving contract, bond and certificate of insurance, and
authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes:
Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-370.
May 29, 2018 Page 8
147083 - Shimp/Amos
that "Resolution approving award of bid to Bill Colwell Ford of Hudson, Iowa, for two (2) Ford
Interceptor Sedans in the amount of $25,571.00 each, and four (4) Ford Interceptor SUVs, in the
amount of$29,938 each", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Mr. Shimp questioned why the department purchased more SUVs than sedans.
Dan Trelka explained that the equipment needs of the department.
Resolution adopted and upon approval by Mayor assigned No. 2018-371.
147084 - Shimp/Amos
that "Resolution authorizing the submission of a Small MATCH grant application to the Wellmark
Foundation, for a maximum amount of$20,000, and authorize the Mayor and City Clerk to execute
all necessary documents", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-372.
147085 - Schmitt/Amos
that "Resolution approving construction plans for sanitary sewer, storm sewer, and paving, serving
Village West 2nd Addition, as submitted by Clapsaddle-Garber Associates, Inc. of Marshalltown,
Iowa, and a Sewage Treatment Agreement between the Department of Natural Resources and the
City of Waterloo, DNR Form 29 (Nov 00), and final acceptance of construction plans, subject to the
review and acceptance by the DNR, and authorize the Mayor to execute said documents", be
adopted. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-373.
147086 - Schmitt/Amos
that "Resolution approving Professional Services Agreement with Ament, Inc. of Cedar
Rapids, Iowa, in an amount not to exceed $65,100, in conjunction with the Traffic Adaptive Signals
and Fiber Optic Communications Upgrade project, and authorize the Mayor to execute said
document",be adopted. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-374.
147087 - Schmitt/Amos
that "Resolution approving a one year Farm Lease Agreement with Doug Bruns, for farming
approximately 28.4 acres of land generally located south of Highway 20 and west of Kimball
Avenue, for a total yearly payment of$800, and authorize the Mayor and City Clerk to execute said
document",be adopted. Roll call vote-Ayes: Seven. Motion carried.
Noel Anderson provided an overview of the lease.
Resolution adopted and upon approval by Mayor assigned No. 2018-375.
147088 - Morrissey/Juon
that"Resolution approving the contract for grant award between the Waterloo Housing Trust Fund V
and the City of Waterloo Community Development Department, in the amount of $15,000, for
repairs to existing single family owner occupied homes, and authorize Mayor to execute said
documents", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-376.
147089 - Morrissey/Juon
May 29, 2018 Page 9
that "Resolution approving award of bid to Young Plumbing & Heating of Waterloo, Iowa in the
amount of $189,800, in conjunction with the Waste Management Administration HVAC Cooling
System Replacement", be adopted. Roll call vote-Ayes: Two. Nays: Five (Jacobs, Shimp, Klein,
Schmitt, and Juon). Motion failed.
Mr. Shimp requested an explanation for the item following the rejection of the bids last week.
Steve Hoambrecker, Waste Management Services Director, provided an explanation. He explained
that it is recommended to accept the bids and do project change orders to reduce the overall cost of
the project.
Joe Capone, Capone Consulting Engineers, explained that several components of the HVAC
equipment have failed. Through working on the specifications he neglected to update aspects of the
specifications which led to the estimate being much lower than the bids received.
Mrs. Juon requested clarification on how using change orders would reduce the overall cost of the
project.
Steve Hoambrecker explained that estimate for the system controls was $13,000. The bidders used a
one vendor for bidding this aspect of the project which put the cost for the system controls at
$65,000. However other vendors could be used for the system controls which would reduce the cost
of this aspect of the project.
Dave Zellhoefer, City Attorney, explained that the question posed to his department whether or not it
would be legal to divide the project into three components and obtain competitive quotes instead of
following the bidding process. He explained that Iowa Code Chapter 26 does not allow this. To
proceed with the project it would be recommended to accept the bid and have the bidder use
different controls at a lower cost.
Mayor Hart questioned if it is legal to reject the bid at this stage.
Dave Zellhoefer confirmed.
Resolution adopted and upon approval by Mayor assigned No. 2018-377.
147090 - Morrissey/Juon
that "Resolution approving Convention and Visitors Bureau Board recommendations for funding the
following hotel-motel mini grant application for the Full Count Sports Academy 13 U & 14 U Major
State Softball and Baseball Tournament, in the amount of$2,558", be adopted. Roll call vote-Ayes:
Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-378.
ORDINANCES
147091 - Schmitt/Shimp
that "an Ordinance amending the City of Waterloo Code of Ordinances by amending Title 5 Police
Regulations, Chapter 2 General Offenses, Section 13 Fireworks, Subsection E Sales", be received,
placed on file, considered and passed for the second time. Roll call vote-Ayes: Five. Nays: Two
(Morrissey and Amos). Motion carried.
Mr. Morrissey read emails from citizens regarding the sale of fireworks. He questioned if an overlay
district would apply to fireworks.
Noel Anderson explained that the city has several different zoning districts and explained the
difference between the districts.
b147092 -Schmitt/Juon
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Five. Nays: Two (Morrissey and Amos). Motion carried.
May 29, 2018 Page 10
147093 - Schmitt/Jacobs
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by
amending Chapter 1 Traffic Code, of Title 6 Motor Vehicles and Traffic, by adding Article 5 Officer
Traffic Citation", be received, placed on file, considered and passed for the first time. Roll call vote-
Ayes: Five. Nays: Two (Morrissey and Amos). Motion carried.
147094 - Morrissey/Amos
To postpone until the Human Rights Commission is completed with developing an inclusion toolkit.
Roll call vote-Ayes: Two. Nays: Five (Jacobs, Shimp, Klein, Schmitt, and Juon). Motion failed.
147095 - Schmitt/Jacobs
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Four. Nays: Three (Morrissey, Amos, and Juon). Motion failed.
ADJOURNMENT
147096 - Schmitt/Amos
that the Council adjourn at 7:31 p.m. Voice vote-Ayes: Seven. Motion carried.
/
Kelley Fel e
City Clerk