HomeMy WebLinkAboutMinutes-8 /12/2019August 12, 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 Monday, August 12, 2019. Mayor Quentin Hart in the Chair. Roll Call:
Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon.
Mr. Morrissey joined via telephone.
Prayer or Moment of Silence.
Pledge of Allegiance: Jerome Amos, Ward 4 Council Member
156657 - Juon/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, August 12, 2019, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
156658 - Juon/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, August 5, 2019, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
Proclamation declaring September 1-7, 2019 as Diabetes Awareness Week.
Recognition and Swearing in of new Police Officer Nicholas Nelson.
ORAL PRESENTATIONS
Jim Chapman, 224 Bertch, questioned if an individual received a lot of money for upkeep on a
building that is not being kept up.
Mayor Hart stated that the developer did not receive any funds and that funds are allocated for
upkeep and additional funds were bonded for upkeep.
Mike Youngblut and Harold Youngblut, Deer Creek Development, presented the Mayor and City
Council with the picture and sledgehammer from the Greyhound Park demolition.
David Dryer, 3145 W. 4th Street, commented that 327 Sheridan has received a development
agreement and at another point on the agenda an individual is receiving $5,000 and wondered if 327
Sheridan is going to get $5,000 as well. He further commented that he believes he should not have
to be forced to recycle. He also questioned item 1.A.8 on the consent agenda.
Randy Bennett, Public Works Division Manager, explained that Security Service at the Waste
Management Site is not a new service.
Noel Anderson, Community Planning & Development Director, provided an overview of the
development agreement for 327 Sheridan and explained the owner will be eligible for the new infill
policy of $5,000 per certificate of occupancy, as well as the CLURA tax abatement program.
156659 - Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
156660 - 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 12, 2019,
in the amount of $2,015,962.72, a copy of which is on file in the City Clerk's office, together
with recommendation of approval of the Finance Committee.
August 12, 2019 Page 2
1.
Resolution adopted and upon approval by Mayor assigned No. 2019-595.
2. Resolution approving Variance to Noise Ordinance request from Rev. David Van Netten of
Grace Reformed Church on August 18, 2019 from 8:00 a.m. to 1:00 p.m., in conjunction
with the "Sunday in the Park" event to be held at Gateway Park, including a picnic, games
for the children, use of a PA system and live music.
Resolution adopted and upon approval by Mayor assigned No. 2019-596.
3. Resolution approving Variance to Noise Ordinance request from Darrell Wilder (AKA) DJ
Daze and Arryran Davis (AKA) Marvelous Music on August 31 and September 1, 2019 from
10:30 a.m. to 8:00 p.m., in conjunction with the 3 on 3 Basketball Lootown Show Down
event to be held at Sullivan Park, including live music, several D.J.'s and use of a PA system.
Resolution adopted and upon approval by Mayor assigned No. 2019-597.
4. Resolution approving Variance to Noise Ordinance request from Shirley Haughton on behalf
of Community Southern Baptist Church, on August 24, 2019 from 10:00 a.m. to 8:00
p.m. for their Outreach Ministry event to be held at Sullivan Park, including singing, music
and the use of a PA system.
Resolution adopted and upon approval by Mayor assigned No. 2019-598.
5. Resolution approving request by Main Street Waterloo to close Jefferson Street on
September 30, 2019 from 4:00 p.m. — 10:00 p.m., at Park Avenue to 3rd Street, in
conjunction with the Classic Car Night.
Resolution adopted and upon approval by Mayor assigned No. 2019-599.
6. Resolution setting date of public hearing as August 26, 2019, to approve a Lease Agreement
in the amount of $1.00, with the State of Iowa Armory Board for City owned property
located north of 3106 Airport Boulevard, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-600.
7. Resolution approving preliminary specifications, bid documents, etc., setting date of bid
opening as August 29, 2019 and date of public hearing as September 9, 2019, in conjunction
with the FY 2019 Young Arena Roof Replacement Project, Contract No. 998, and instruct
City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-601.
8. Resolution approving preliminary plans, specifications, form of contract etc., setting date of
bid opening as August 29, 2019 and public hearing as September 09, 2019, in conjunction
with request for Proposals for Security Guard Services, and instruct City Clerk to publish
notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-602.
b. Motion to approve the following:
a.
b.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Mayor Quentin Hart
Community Air Service
Meeting with United
Airlines
Chicago, IL
August 21-22,
2019
$600
Kathy Skillings -
Lab Foreman
Iowa Water Environment
Association 2019
Operators/Pretreatment
Conference
Newton, IA
September 4,
2019
$115
August 12, 2019
2.
a.
b.
c.
Page 3
Approved Beer, Liquor, and Wine Applications
Name & Address of Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
BJ's Bar & Billiards, 110 Ida
Street
C Liquor
w/Outdoor Service
Renewal
7/29/2020
x
Casey's Pub & Eatery, 1125
W. Donald Street
C Liquor
w/Outdoor Service
Renewal
7/31/2020
x
Chapala Mexican Restaurant,
900 LaPorte Road
C Liquor
Renewal
8/7/2020
x
3. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration Date
New or
Re -Appointment
Gina Jordan -Burg
Design Review Board
August 12, 2022
Re -Appointment
Mark Kuiper
Design Review Board
August 12, 2022
New
3. Bonds.
Roll call vote -Ayes: Seven. Motion carried.
RESOLUTIONS
156661 - Schmitt/Amos
that "Resolution approving City/State Funding Agreement with the Iowa Department of
Transportation for RISE Funding, in the amount of $468,750, in conjunction with the FY 2020
Newell Street RISE Project, Contract No. 991, with City matching funds of $468,750, and authorize
the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-603.
156662 - Schmitt/Amos
that "Resolution awarding bid to Landmark Turf Services, LLC, of Dunkerton, Iowa, in the amount
of $39,858, and approving the contract, bonds, and certificate of insurance, in conjunction with the
FY 2020 Levee Rip Rap Spraying, Contract No. 989, 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. 2019-604.
156663 - Schmitt/Amos
that Final Quantity Summary for a net decrease of $10,787.68 for the FY 2018 Sidewalk Repair
Program - Zone 8 and Trail Repairs, Contract No. 948, be received, placed on file and approved.
Voice vote -Ayes: Seven. Motion carried.
156664 - Juon/Feuss
that "Resolution approving Completion of Project and Recommendation of Acceptance of Work, for
work perfomied by B & B Builders & Supply of Waterloo, Iowa, at a total cost of $329,135.70, in
conjunction with the FY 2018 Sidewalk Repair Program - Zone 8 and Trail Repairs, Contract No.
948, and receive and file two-year maintenance bond", be adopted. Roll call vote -Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-605.
156665 - Juon/Feuss
August 12, 2019 Page 4
that "Resolution approving construction plans for sanitary sewer serving Lost Worlds Theme Park,
as submitted by Wayne Claassen Engineering and Surveying, of Waterloo, Iowa, and Sewage
Treatment Agreement, DNR Form 29 (Nov 00) with the Department of Natural Resources, and the
final acceptance of construction plans, subject to the review and acceptance by the Department of
Natural Resources, 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. 2019-606.
156666 - Juon/Feuss
that "Resolution approving a Professional Services Agreement with AECOM Technical Services,
Inc., of Waterloo, Iowa, in an amount not to exceed $79,500, in conjunction with the 2019 Structural
Repairs to Fletcher Avenue and San Marnan Drive, 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. 2019-607.
156667 - Klein/Amos
that "Resolution approving submission of an application, in the amount of $400,000, to the State
Revolving Fund Water Resource Restoration Sponsored project, in conjunction with the FY 2020
Sanitary Sewer Gatewell Repairs, Contract No. 951", be adopted. Roll call vote -Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-608.
156668 - Klein/Amos
that "Resolution amending an Encroachment Agreement with Farmers State Bank, f/k/a Liberty
Bank, F.S.B., dated December 5, 2011, to make changes to an existing 12 foot 10 inch x 18 foot
monument sign in the City right-of-way, in the median of Nikki Street, north of 131 Tower Park
Drive, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call
vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-609.
156669 - Klein/Amos
that "Resolution approving a Hold Harmless Agreement with Old Republic National Title Insurance
Company, for property located at the southwesterly corner of West 13th Street and Commercial
Street, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call
vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-610.
156670 - Klein/Amos
that "Resolution approving an Easement Agreement with M.T. Co., LLC, to grant a permanent sixty
(60) foot wide sanitary and storm sewer easement, located at 3470 West Airline Highway, for the
purposes of extending new sanitary and storm sewers to serve future development near the Waterloo
Regional Airport, and authorize the Mayor and City Clerk to execute said document", be adopted.
Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-611.
ORDINANCES
156671 - Amos/Feuss
that "an Ordinance approving a request by Reg Drew Investments, LLC, to vacate a portion of
Fairview Avenue and alleys in Campbell's Addition, subject to the retention of a utility easement
August 12, 2019 Page 5
over, under and upon a portion of Fairview Avenue", be received, placed on file, considered and
passed for the second time. Roll call vote -Ayes: Seven. Motion carried.
156672 - Amos/Feuss
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: One. Nays: Six (Jacobs, Feuss, Klein, Amos, Schmitt, and Juon).
Motion failed.
156673 - 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 west of 3221 Osage Road", be received, placed on file, considered and passed for
the second time. Roll call vote -Ayes: Seven. Motion carried.
156674 - Schmitt/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Seven. Motion carried.
156675 - 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 west of 3221 Osage Road", be considered and passed for the third time and
adopted. Roll call vote -Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5509.
OTHER COUNCIL BUSINESS
156676 - Feuss/Amos
that Change Order No. 2 with Boomerang Corporation, of Anamosa, Iowa, resulting in an increase
of $10,078.83, in conjunction with the Flow Equalization Facility Overflow Connection to Satellite,
Contract No. 880, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion
carried.
Randy Bennett provided an overview of the item.
156677 - Amos/Morrissey
that "Request for Variance to Noise Ordinance from Main Street Waterloo on 8/10, 8/17, 8/31, 9/7,
9/14, 9/21, 9/28, from noon to 2:00 a.m., in conjunction with the W. 4th Street Bar District Ped
Mall/Beer Garden Events, including street closure of W. 4th Street at Washington/Bluff Street to
Jefferson Street with the use of city barricades, street sweeper and picnic tables. Roll call vote -Ayes:
Seven. Motion carried.
Recommendation to deny request due to length of event and the after 2:00 a.m closing time.
Dan Trelka, Chief of Police, explained that he had an opportunity to speak with the Director of Main
Street Waterloo, Jessica Rucker, after which he is now neutral on the issue and no longer
recommends denial.
Jessica Rucker, Main Street Waterloo, explained her reason for requesting the 2:00 a.m. close time
and stated that she is willing to make any changes deemed necessary to make it work.
John Hayes, 110 Sunset Road and Broken Record, explained that they want to have organized live
entertainment, games, and other fun activities in this block. He explained that they have had a very
low call volume for service.
Mayor Hart commented that new bar owners have helped reduce the crime rate.
August 12, 2019 Page 6
Bud Jones, Behr Bar, explained they decide to open on W. 4th Street because it is a diverse block and
that it will bring people from Cedar Falls to Waterloo downtown at night.
Forrest Dillavou, 1715 Huntington Road, commented that he has a problem with the event creating
additional city expenses and that the businesses should pay for the barricades and street sweeping.
Jessica Rucker explained that the businesses will set up the barricades if the city drops them, and that
the bar owners have agreed to pick up the area and keep it clean and safe. She stated that the
sweeper is already sweeping the street every Saturday night and she is just asking that the time they
sweep be changed.
Mayor Hart asked that if approved, what authority the council has to overturn the resolution if there
are serious complaints and concerns.
Kelley Felchle commented that the resolution could be rescinded.
Mr. Amos commented that he received a call from a citizen asking if all of the business owners were
in favor and if tables would be placed in the street.
Jessica Rucker explained that she has requested four to five picnic tables be delivered and they
would be placed in such a way to allow enough room for any emergency vehicles to pass through if
needed.
Mrs. Klein asked if there would be any overtime needed by our police.
Dan Trelka stated there would not.
Mr. Jacobs questioned if the city will receive a certificate of insurance for these events.
Jessica Rucker confirmed.
Mrs. Juon commented that she looks forward to seeing a positive outcome for this event.
Mayor Hart asked if there was an age limit to attend the events.
Jessica Rucker explained there is no age limit to joining the activities.
Resolution adopted and upon approval by Mayor assigned No. 2019-612.
ADJOURNMENT
156678 - Juon/Feuss
that the Council adjourn at 6:13 p.m. Voice vote -Ayes: Seven. Motion carried.
Kelley Felchle
City Clerk