HomeMy WebLinkAboutMinutes-5 /28/2019May 28, 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 Tuesday, May 28, 2019. Mayor Quentin Hart in the Chair. Roll Call: Jacobs,
Morrissey, Feuss, Klein, Amos, Schmitt, and Juon.
Prayer or Moment of Silence.
Pledge of Allegiance: Sharon Juon, At -Large Council Member
146312 - Juon/Schmitt
that the Agenda, as proposed, for the Regular Session on Tuesday, May 28, 2019, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
146313 - Juon/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, May 20, 2019, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
Proclamation declaring June 3-9, 2019 as the 37th Annual My Waterloo Days.
ORAL PRESENTATIONS
David Dryer, 3145 W. 4th Street, requested an overview of consent agenda item 1.A.8.
Noel Anderson explained that the property in question is for the development of twenty four lots in
the excess right-of-way on San Marnan Drive as previously approved by council.
Jim Chapman, 224 Bertch, questioned how much it costs to maintain the 209 city owned properties
and if the city is working to sell these properties.
Mayor Hart commented that the city has a list of properties for sale on the city website and that a
work session was held today about selling some of these properties. The city spends $120,000 on
mowing and snow removal.
Todd Obadal, 124 Amity Drive, questioned the timeline for signage placement at the leak at the
Cedar River.
Mayor Hart explained that a complete article was written with fact checks all confiuiied by the DNR
which was published in the Waterloo Courier.
Nick Hedrick, 207 Highland, stated that he recently attended the Residents Academy and that the
experience was amazing and urged others to attend.
Mr. Morrissey commented that Bike to Friday'Loo was rained out but it will be rescheduled. He
stated that his constituents at his ward meeting want to make a presentation to the council on
alternatives to metered parking to bring more business to downtown Waterloo.
146314 - Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
146315 - 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 May 28, 2019, in
the amount of $3,972,186.38, a copy of which is on file in the City Clerk's office, together
with recommendation of approval of the Finance Committee.
May 28, 2019 Page 2
1.
Resolution adopted and upon approval by Mayor assigned No. 2019-385.
2. Resolution approving Variance to Noise Ordinance request from Main Street Waterloo to
hold the My Waterloo Days festival June 7-8, 2019, from 9:00 a.m. to midnight, including
barricades, live music, D.J. and use of a P.A. System.
Resolution adopted and upon approval by Mayor assigned No. 2019-386.
3. Resolution approving Variance to Noise Ordinance request from Brenda Jones for a birthday
party to be held at Lafayette Park on June 8, 2019, from 4:00 p.m. to 7:00 p.m., including
music and food.
Resolution adopted and upon approval by Mayor assigned No. 2019-387.
4. Resolution approving Variance to Noise Ordinance request from Crystal Stelly for the
Shirley & Pat Family Reunion to be held at Exchange Park on July 6, 2019, from 9:00 a.m. to
10:00 p.m., including music, and use of a P.A. system.
Resolution adopted and upon approval by Mayor assigned No. 2019-388.
5. Resolution approving Variance to Noise Ordinance request from LaTanya Graves on behalf
of the NAACP/Social Action, Inc., for the 24th Annual Juneteenth Celebration to be held at
Sullivan Park on June 15, 2019, from 12 Noon to 6:00 p.m., including a drill team, music
with a D.J., and use of a P.A. system.
Resolution adopted and upon approval by Mayor assigned No. 2019-389.
6. Resolution approving request from Irving Elementary School to hold a 5K Race on June 1,
2019 from 8:30 a.m. to 11:30 a.m., commencing and concluding in the area of Irving
Elementary School, located at W. 5th Street and Locust Street, with the route primarily on
the residential streets near the school.
Resolution adopted and upon approval by Mayor assigned No. 2019-390.
7. Resolution setting date of public hearing as June 10, 2019 to approve the request by
the DGOGWaterlooia10032018 LLC, (Dollar General) to vacate a drainage easement located
northeast of the Martin Luther King, Jr. Drive and the Idaho Street Intersection, and instruct
the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-391.
8. Resolution setting date of public hearing as June 10, 2019 to approve the sale and
conveyance of a portion of former West San Marnan Drive right-of-way, located adjacent to
Sunnyside Country Club, in the amount of $1.00 to Sunnyside South Addition, LLC, in
accordance with a project development agreement approved by Resolution No. 2017-755 on
September 11, 2017, and instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-392.
b. Motion to approve the following:
a.
b.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Sam Barrett, Sanitation
Supervisor and Dave
Roeder, Waste Tech
Compost Operator
Training
Iowa City,
IA
June 21, 2019
$220
Felicia Smith-Nalls,
Neighborhood Services
(Amended)
Opening Doors to
the Future
Palm
Springs, CA
May 16-17,
2019
$1,795
May 28, 2019
2.
a.
b.
c.
d.
e.
f.
g.
h.
Page 3
Approved Beer, Liquor, and Wine Applications
Name & Address of Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Brighouse Bar and Grill, 307
W. 5th Street
C Liquor
w/Outdoor Service
Renewal
5/13/2020
x
Local's Bar and Grill, 229 E.
4th Street
C Liquor
w/Outdoor Service
Renewal
5/20/2020
x
Metro Mart #1, 3201 W. 4th
Street
C Beer
Renewal
6/30/2020
x
New Star, 1459 Ansborough
Avenue
B Wine / C Beer / E
Liquor
Renewal
6/2/2020
x
Prime Mart, 508 Broadway
Street
B Wine / C Beer / E
Liquor
Renewal
3/31/2020
x
' :. -' - - - -- - -'
C Liquor
Renewal
5/27/2020
- --
Steamboat Gardens, 1740
Falls Avenue
C Liquor
Renewal
6/13/2020
Veteran's of Foreign Wars
Club Post 1623, 1406
Commercial Street
*Extending Outdoor Service
for June Event*
A Liquor
w/Outdoor Service
Renewal
1/14/2020
x
3. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration Date
New or
Re -Appointment
Rodney Curran
Plumbing Board
March 1, 2022
New
Thomas E. Wall
Waterloo Water Works
Board of Trustees
January 12, 2024
Correct expiration date
4. Fireworks Display at Waterloo Bucks home games, Riverfront Stadium, 850 Park Road, on June 1, 5,
15, 22, July 4, 16, 20, 27, and August 3, 10, 2019, beginning at 10:00 p.m. and lasting 10 minutes.
5. Fireworks Display for Relay for Life of Black Hawk County at Hawkeye Community College on June
14, 2019, beginning at 10:00 p.m. and lasting approximately 20 minutes.
6. Fireworks Display at Park Avenue Bridge in conjunction with the VGM Heartland Conference 2019,
on June 10, 2019, beginning at 9:30 p.m. and lasting approximately 30 minutes.
7. Fireworks Display at Sunnyside Country Course, 1600 Olympic Drive, on July 4, 2019, beginning at
10:00 p.m. and lasting approximately 25 minutes.
8. Cigarette/Tobacco Permit New Application for The Smoking Dragon, 501 W. 4th Street.
9. Recommendation of appointment of Kendra Wyatt to the position of Executive Secretary to the
Mayor, effective June 3, 2019.
10. Recommendation of appointment of Jennifer Seifried to the position of Public Works Administrative
Secretary, effective June 10, 2019.
Roll call vote -Ayes: Seven. Motion carried.
146316 - Klein/Amos
Name & Address of Business
Class
New or
Renewal
Expiration
Date,
Risque' Gentlemen's Club,
301 W. 4th Street
C Liquor
Renewal
5/27/2020
Includes
Sunday
May 28, 2019 Page 4
Mrs. Klein commented that this type of business does not represent what is best for downtown
Waterloo and will be voting no.
Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried.
PUBLIC HEARINGS
146317 - Schmitt/Amos
that proof of publication of notice of public hearing on FY 2019 Dysart Road and W. 2nd Street
Reconstruction Program, Contract No. 970, as published in the Waterloo Courier on May 10, 2019,
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.
146318 - Schmitt/Amos
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
146319 - Schmitt/Amos
that "Resolution confimiing 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. 2019-393.
146320 - Schmitt/Amos
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-394.
146321 - Schmitt/Amos
Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review.
Estimate: $1,578,197.80
Bidder
Bid Security
Bid Amount
Vieth Construction Corporation
Cedar Falls, Iowa
5%
$1,445,146.61
Croell, Inc.
New Hampton, Iowa
5%
$1,437,929.20
Cedar Valley Corp.
Waterloo, Iowa
5%
$1,286,523.98
Lodge Construction, Inc.
Clarksville, Iowa
5%
$1,369,330.40
K Cunningham Construction Co.,
Inc.
Cedar Falls, Iowa
5%
$1,258,033.34
Voice vote -Ayes: Seven. Motion carried.
146322 - Morrissey/Feuss
that proof of publication of notice of public hearing on Regulated Asbestos -Containing Materials
Demolition Services at: 1107 Commercial Street, 919-925 Commercial Street, 613 W. 7th Street,
May 28, 2019 Page 5
and instructing City Clerk to publish notice, as published in the Waterloo Courier on May 17, 2019,
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.
146323 - Morrissey/Feuss
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
146324 - Morrissey/Feuss
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Mr. Morrissey commented that 919-925 Commercial Street is also commonly known as the Castle
Apartments and will be a very expensive project to demolition due to the nature of the building.
Resolution adopted and upon approval by Mayor assigned No. 2019-395.
146325 - Morrissey/Feuss
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-396.
146326 - Morrissey/Feuss
Motion to receive and file and instruct City Clerk to read bids.
Estimate: $339,500
Bidder
Bid Security
Bid Amount
ECCO Midwest, Inc.
Cedar Rapids, Iowa
5%
$306,500
Zinser Company
Walford, Iowa
5%
$289,600
Voice vote -Ayes: Seven. Motion carried.
146327 - Morrissey/Feuss
that "Resolution awarding bid to Zinser Company, of Walford, Iowa, in the amount of $289,600, and
approving contract, bonds, and certificates of insurance in conjunction with Regulated Asbestos -
Containing Materials Demolition Services at: 1107 Commercial Street, 919-925 Commercial Street,
613 W. 7th Street, 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. 2019-397.
Mr. Morrissey stated for the record that the hearing for the Riverloop Public Market Fire
Suppression Project was cancelled and will be rescheduled at a later date.
RESOLUTIONS
146328 - Amos/Feuss
that "Resolution approving a Grant Agreement with the Otto Schoitz Foundation in the amount of
$100,000, in conjunction with the Waterloo Skatepark Project, and authorize the Leisure Services
Director to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Mr. Feuss thanked the Leisure Services Staff for their work in getting the grant.
May 28, 2019 Page 6
Resolution adopted and upon approval by Mayor assigned No. 2019-398.
146329 - Amos/Feuss
that "Resolution approving acceptance of a 2020 GTSB Highway Safety Grant in the amount of
$59,500, for traffic safety enforcement", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-399.
146330 - Amos/Feuss
that "Resolution approving a revision of the Intended Use Plan for the Dry Run Creek Interceptor
Project by adding a generator at the Texas Street (Hawkeye) Lift Station to handle the additional
flows, modifying original project expenses, for updating the Department of Natural Resources", be
adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-400.
146331 - Schmitt/Amos
that "Resolution approving support for submission of Intended Use Plan and updating the Facility
Plan to the Iowa Department of Natural Resources for the Titus (Midland Avenue) Lift Station and
Force Main Project", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Todd Obadal, 124 Amity Drive, questioned if the reported 12,000 gallons a day is an estimated
amount leaking from the pipe or the amount going directly into the river and also asked for the
specifics of what the money will be spent on.
David Dryer, 3145 W. 4th Street, commented that since one part of the main has failed, how much
more is destined to fail further down, and that it makes more sense to put in a permanent bypass
verses a temporary one.
Mrs. Klein commented that she is fed up with public comment that spreads incorrect information to
the public.
Mr. Morrissey commented that the public should be allowed to voice their concerns and that he is
interested in seeing the staff report on the issue and is looking forward to seeing the details.
Mayor Hart commented that citizens do have the right to give their opinion but will not tolerate
insinuations that city staff is hiding something.
Doug Schindel, AECOM, explained the need to do a phased approach to repairs and stated they are
working with the contractor to assess the extent of damage through the use of cameras and will then
formulate a permanent fix.
Jamie Knutson, City Engineer, stated when he became aware of the issue and explained each step
that has been taken to the point of hiring the contractor. He further explained that they are working
to engineer a permanent fix by moving 600 feet of the main from under the levy.
Mr. Schmitt commented that citizens should be able to ask questions at the podium and requested
clarification on the size of the leak.
Jamie Knutson explained that the current estimate is 12,000 gallons per day.
Mr. Schmitt questioned if there is a way to make sure that once this leak is fixed that the city won't
need to go back and make further repairs.
Jamie Knutson explained that part of the repair work is to divert the pipe from under the levy to
make future repairs more accessible.
Mr. Schmitt asked if there are other areas of the city with older or similar aged mains.
May 28, 2019 Page 7
Jamie Knutson commented he would have to look at city records.
Doug Schindel explained that the sewer main will be televised once excavation begins and that
reconstruction of the levy may be affected by weather and river stages.
Jamie Knutson concurred that high waters may push the repairs back to a later date.
Mr. Feuss questioned if this emergency repair will jeopardize future CIP repair projects.
Jamie Knutson commented that he believes funding for the project is coming from the Waste
Management budget not CIP.
Mayor Hart asked that the bid tabulation be provided so that council could view the various bids.
Mr. Morrissey questioned if the city has estimates of how long the sewer infrastructure is supposed
to last, its current integrity, what materials were used and if the levy is in jeopardy.
Doug Schindel commented that he does not believe the levy is in jeopardy at this time and noted that
there will be a Corps of Engineers approved contingency plan in place prior to de -excavation as
contaminated materials will not be used for rebuilding the levy.
Mayor Hart asked how old parts of the city's systems are.
Jamie Knutson explained that some sanitary sewers were laid in the late 1800's.
Resolution adopted and upon approval by Mayor assigned No. 2019-401.
146332 - Schmitt/Amos
that "Resolution approving award of contract to Peterson Contractors, Inc., of Reinbeck, Iowa, in the
amount of $262,420.00, and approving the contract, bonds, and certificate of insurance for the FY
2019 Cattle Congress Sanitary Sewer Force Main Emergency Bypass Repair Project, and authorize
City Engineer to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-402.
146333 - Schmitt/Amos
that "Resolution approving 28E Agreements with Elk Run Heights, Cedar Township, and East
Waterloo Township, to provide Fire and EMS protection, 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. 2019-403.
ORDINANCES
146334 - Morrissey/Feuss
that "an Ordinance amending the City of Waterloo City Code by repealing Title 6 Motor Vehicles
and Traffic, Chapter 2 Bicycles and enacting in lieu thereof a new Title 6 Motor Vehicles and
Traffic, Chapter 2 Bicycles", be received, placed on file, considered and passed for the first time.
Roger White, 2303 Greenwood Avenue, Cedar Falls, explained that he serves on several boards and
committees for bicycling and trails. He stated that he is glad that the city is working to pass an
updated ordinance, but has concerns that the passing distances listed in section 6-2-12 are not safe
and asked the city to change it to a full lane. He further stated that he would like to see an updated
hand signal for right turns and that Class 3 e -bikes should be able to be used on trails.
David Dryer, 3145 W. 4th Street, questioned why the burden is primarily on the vehicle not the
bicyclist to avoid the bicyclist and commented that he had difficulty finding the current bicycle
ordinance.
May 28, 2019 Page 8
Bob Recker, 116 W. Schrock Road, commented that he supports the electric assist bikes as they
allow bikers to extend the riding season. He further asked that the ordinance be tabled to get the
consensus of other communities in the Cedar Valley.
Mrs. Juon commented that if Cedar Falls is looking at regulations then Waterloo should work with
Cedar Falls and asked city staff to work with bicycle stakeholders.
Mr. Schmitt commented that the ordinance should be similar between communities when regulating
bicycles and is in favor of tabling the item.
Mrs. Klein expressed her concerns about fifteen year olds on electric assist bicycles and feels they
should have to have a permit to drive them. She further commented that the bicycle regulations
should be similar between communities and is also in favor of tabling the item.
Mr. Morrissey commented that the ordinance began a year or two ago after Hudson passed a bike
ordinance and did not ask Cedar Falls or Waterloo for input. The current ordinance was created in
1941 and some things from the original ordinance are included in the update. He explained that the
Complete Streets Advisory Committee voted unanimously to approve the ordinance with some
changes that are in the final ordinance. He shared his concerns regarding e -bikes on trails and asked
the council not to postpone the vote but to adopt it and make amendments at a later date.
Mr. Jacobs commented that a lot more work needs to be done on this ordinance, including
coordinating with neighboring cities and considering the possibility of requiring licensing.
146335- Jacobs/Schmitt
To postpone to June 10111. Roll call vote -Ayes: Seven. Motion carried.
Mayor Hart questioned how quickly a meeting could be put together.
Roger White explained that the committee on which he serves, approved a recommendation and
turned it over to Cedar Falls city staff and legal counsel and does not know the status of the
recommendation.
Mayor Hart commented that he does not want to set a precedence of having non-residents come to a
meeting and disrupt the progress of what staff and council have worked on for months.
Mr. Morrissey commented on various amendments he'd like to see and asked Mr. Jacobs to
temporarily rescind the motion to postpone, allowing him to first propose his suggested
amendments.
Considerable conversation ensued regarding concerns with the ordinance as proposed and suggested
amendments.
Mr. Schmitt commented that this is an easy opportunity to become more Cedar Valley oriented and
that he does not see a reason why this ordinance cannot be tabled to get it right.
Mr. Amos commented that allowing the amendments before postponing the item made sense.
Mr. Morrissey will provide council with his proposed amendments.
146336 - Juon/Schmitt
that the council adjourn to Executive Session at 6:58 p.m. Roll call vote -Ayes: seven. Motion
carried.
City Attorney Dave Zellhoefer stated that discussion of litigation is an approved topic of Executive
Session pursuant to Iowa Code Section 21.5(1)(c).
EXECUTIVE SESSION
146337 - Juon/Schmitt
May 28, 2019 Page 9
that the council adjourn Executive Session at 7:11 p.m. Voice vote -Ayes: Seven. Motion carried.
ADJOURNMENT
146338 - Juon/Schmitt
that the Council adjourn at 7:11 p.m. Voice vote -Ayes: Seven. Motion carried.
Kelley Felch
City Clerk