HomeMy WebLinkAboutMinutes-8 /19/2019August 19, 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 19, 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: Julie Dawson, Housing Authority Director
156679 - Juon/Schmitt
that the Agenda, as amended, by deleting Ordinance Item #16, An ordinance amending the City of
Waterloo Code of Ordinances by amending Title 5, Police Regulations, Chapter 3, Human Rights,
Section 3, Unfair Employment Practices by adding 5-3-3A, Unfair Use of Criminal Records in
Hiring Decisions, for the Regular Session on Monday, August 19, 2019, at 5:30 p.m., be accepted
and approved. Voice vote -Ayes: Seven. Motion carried.
156680 - Juon/Schmitt
that the Minutes, 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.
Proclamation Declaring August 19, 2019 as We Move Forward Day.
ORAL PRESENTATIONS
Marcella Gruver, 203 Miriam Drive, commented that she does not want Pride Fest to occur in
Waterloo next year.
Kathy Mahoney, 1400 Denver Street, commented that God created people in his image and likeness
and explained she supports having Pride Fest in Waterloo.
David Dryer, 3145 W. 4th Street, commented that citizens are not allowed to comment during work
sessions and believes that it limits their ability to have freedom of speech. He asked council not
limit speaking to two minutes and require people to call in to speak at a meeting.
156681 - Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
156682 - 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 19, 2019,
in the amount of $3,188,672.56, 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. 2019-613.
2. Resolution approving Fiscal Sponsorship Agreement with the Waterloo Community
Foundation in support of the Waterloo Youth City Council, and rescinding Resolution No.
2019-550.
Resolution adopted and upon approval by Mayor assigned No. 2019-614.
3. Resolution approving variance request by Nikki Fischels, to Section 5-2-6 of the Waterloo
Code of Ordinances, Discharging Weapons, to allow for the St. John's/St. Athanasius
August 19, 2019 Page 2
National Archery in the Schools Tournament, to be held at the Cedar Valley Sportsplex, 300
Jefferson Street, on December 13-14, 2019 from 7:00 a.m. to 7:00 p.m.
Resolution adopted and upon approval by Mayor assigned No. 2019-615.
4. Resolution approving variance request by Nikki Fischels, to Section 5-2-6 of the Waterloo
Code of Ordinances, Discharging Weapons, to allow for the St. John's/St. Athanasius
National Archery in the Schools Tournament, to be held at the Cedar Valley Sportsplex, 300
Jefferson Street, on February 14-15, 2020 from 7:00 a.m. to 7:00 p.m.
Resolution adopted and upon approval by Mayor assigned No. 2019-616.
5. Resolution approving request of Douglas Kaune for a waiver for a concrete driveway located
at 1314 Midland 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. 2019-617.
6. Resolution approving request of Matthew Hesse for a waiver to the driveway and sidewalk
specification for the construction of a heated asphalt approach, located at 1152 Oregon
Street.
Resolution adopted and upon approval by Mayor assigned No. 2019-618.
7. Resolution approving Variance to Noise Ordinance request from Helen Clark on September
28, 2019 from 6:00 p.m. to 11:00 p.m., in conjunction with a birthday party to be held at 214
Blowers Avenue, including a live D.J. with music.
Resolution adopted and upon approval by Mayor assigned No. 2019-619.
8. Resolution approving Variance to Noise Ordinance request from Felicia Smith on behalf of
North End Culture Center on August 17, 2019 from 11:30 a.m to 6:00 p.m., in conjunction
with with North End Music and Arts Festival event to be held at Ferguson Fields Park,
including a stage with music, sound system and performances.
Resolution adopted and upon approval by Mayor assigned No. 2019-620.
9. Resolution approving request of Andrew Robeson on behalf of Kings and Queens, 304 W.
4th Street, to close the alley behind the business from 7:00 p.m. to 1:00 a.m. beginning
August 22, 2019 through October 31, 2019, to hold a weekly "Corn Hole" bags league.
Resolution adopted and upon approval by Mayor assigned No. 2019-621.
10. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as September 5, 2019 and date of public hearing as September 9, 2019, in
conjunction with FY 2020 Cardinal Drive, Donald Street, Linbud Lane and Martin Road
Drainage Improvements, Contract No. 988, and instruct City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-622.
11. Resolution approving an Affidavit for release of property reverter for an approved project in
the Development Agreement with Residential Development Partners, LLC, for Lot 3,
Hawthorne Estates 1st Addition, and authorize the Community Planning and Development
Director to execute said document.
Resolution adopted and upon approval by Mayor assigned No. 2019-623.
b. Motion to approve the following:
August 19, 2019
1.
2.
a.
b.
c.
d.
e.
a.
b.
c.
d.
e.
f.
g.
Page 3
Travel Requests
Name & Title
of Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Angie Fordyce -
Community
Development
Coordinator and (1)
Intake Specialist
HOME Basics
St. Paul,
MN
October 7-10-
2019
$3,170
Randy Bennett,
Public Works
Manager and Sam
Barrett, Sanitation
Director
Iowa Recycling & Solid
Waste Management
Conference
Dubuque,
IA
September 30 -
October 2, 2019
$1,260
Tom Meyer and
Mike Gienau,
Street Foremen
Iowa Streets & Roads
Workshop & Annual
Conference
Ames, IA
September 17-19,
2019
$890
Rudy Jones,
Community
Development
Director
Reclaiming Vacant
Properties Conference
Atlanta,
GA
October 1-5, 2019
$2,350
Chris Ferguson,
Fire Marshal and
Lt. Brock Weliver,
Fire Prevention
Officer
Iowa Chapter of
International
Association of Arson
Investigators Annual
Conference
Cedar
Rapids, IA
September 11-12,
2019
$500
Approved Beer, Liquor, and Wine Applications
Name & Address of Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Bamboo Ridge Campground,
4550 Hess Road
B Wine / C Beer
Renewal
9/14/2020
x
Cedar Valley Pridefest, 200
and 300 blocks of W. 4th
Street
C Liquor
w/Outdoor Service
New
8/25/2019
x
Lark Brewing Company,
3295 University Avenue
Special Class C
Liquor w/Outdoor
Service
New
8/25/2020
x
Riverloop Expo Plaza, 400
Jefferson Street *Premise
Update*
Special Class C
w/Outdoor Service
New
9/9/2019
x
Walgreen's #3590, 3910
University Avenue
*Ownership Update*
E Liquor
New
6/17/2020
x
Walgreen's #7455, 111 W.
Ridgeway *Ownership
Update*
E Liquor
New
6/17/2020
x
Walgreen's #10855, 1850
Logan Avenue *Ownership
Update*
E Liquor
New
6/17/2020
x
3. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration Date
New or
Re -Appointment
Kory Carty
Design Review Board
August 22, 2022
Re -Appointment
Bari Richter
Main Street Waterloo Board
of Directors
August 19, 2022
Re -Appointment
August 19, 2019 Page 4
Roll call vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
156683 - Schmitt/Amos
that proof of publication of notice of public hearing on the sale and conveyance of City property
located east of 405 Devonshire Drive to 401 Devonshire LLC, in the amount of $1.00, with a
Development Agreement, in conjunction with the construction of a single-family home and related
improvements., as published in the Waterloo Courier on August 9, 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.
156684 - Schmitt/Amos
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
156685 - Schmitt/Amos
that "Resolution authorizing the sale and conveyance of City property located east of 405
Devonshire Drive to 401 Devonshire LLC, in the amount of $1.00, 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. 2019-624.
156686 - Schmitt/Amos
that "Resolution approving a Development Agreement with 401 Devonshire LLC, for the
construction of a single family home and related improvements, 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. 2019-625.
RESOLUTIONS
156687 - Morrissey/Amos
that "Resolution approving a Hotel/Motel Mini Grant application to the Waterloo Convention and
Visitors Bureau in the amount of $2,400, to fund facility rental, entertainment and transportation for
the Iowa Chapter of American College of Trial Lawyers annual business meeting, 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. 2019-626.
156688 - Feuss/Amos
that "Resolution approving recommendation of the Public Works Division Manager to proceed with
outsourcing the collection and processing of recycled materials and making curbside recycling
mandatory for all current and future Dwelling Unit and Multiple Dwelling Unit customers, as
defined by 4-3-1 of city code", be adopted.
Jim Chapman, 224 Bertch, commented that he does not want the city to require him to recycle. He
further commented that he took a ride down the street five blocks where an apartment is located and
they do not have a blue can. He stated that it is unfair to not require apartments to recycle.
Renata Sack, 414 Sunset Blvd., commented that she supports recycling and that it is the obligation of
residents to look out for the environment and recycle.
Forrest Dillavou, 1725 Huntington Road, commented that what is on the agenda tonight is different
from what he has heard in the past that it would require rental units to recycle. He stated that it is
August 19, 2019 Page 5
also cumbersome to have three garbage cans on the street. He stated that it is an unfair tax, as it does
not apply to everyone in the community and would be in support of not making recycling
mandatory.
Don Share, 1415 Downing Avenue, questioned if the recycling locations will be eliminated.
Randy Bennett, Public Works Division Manager, explained that one site would be kept and given
increased security to monitor illegal dumping.
Dennis Hospodarsky, 1842 Liberty Avenue, commented that residents should not be forced to
recycle.
Michael Bayer, 129 Prospect Circle, commented that he does not support mandatory recycling and
asks that council reject the item.
Todd Obadal, 124 Amity Drive, commented that the program was originally presented and approved
as a voluntary program. He believes that recycling is a good thing to do but a large number of
community members take part in the program through the recycling satellite locations. He asked
that the council not make the program mandatory.
Kathy Mahoney, 1400 Denver Street, questioned if a waiver could be implemented for people who
already recycle voluntarily.
David Dryer, 3145 W. 4th Street, commented that the added cost for residents is just another tax and
he agrees with the suggestion for a waiver and that council reject the item.
Wayne Natham, 548 Cloverdale, commented that he does his own recycling and that he does not
want the program to be mandatory.
Margaret Whiting, 1974 Caras Road, commented that cities across Iowa and the country have good
mandatory recycling programs and everyone should take part in the program. She stated that the
program has many benefits.
Herbert Mohler, 1835 Liberty Avenue, commented that he is not in favor of the proposal because he
recycles himself and also that there will be people putting garbage in the recycling cans because the
one recycling site will not be enough.
John Sherbon, 1715 Robin Road, commented that additional cans in the street will create a problem
with street parking and asked council to think about this before signing any long term commitment.
Mr. Morrissey commented that he is opposed to the resolution and listed numerous reasons for his
objection to the proposed ordinance.
Mrs. Juon commented that she has received numerous phone calls and emails from residents and that
the majority are in favor as they see the value in recycling and that many people currently have a
blue cart but want an additional cart dedicated to yard waste.
Mr. Jacobs commented that bottom line, the cost to recycle is going up for a variety of global
economic reasons. In Waterloo, half the people want to make recycling mandatory and half do not.
In his ward, the majority do not want to be forced to recycle. He stated that the resolution should be
re-evaluated and that the program should not be mandatory.
Mrs. Klein commented that she supports the resolution. Constituents contacting her are at fifty-fifty
in favor of supporting the resolution, but she personally supports recycling.
Mr. Amos commented that he has not had a lot of contact on the issue but believes recycling is an
important service to provide the community and believes it should be mandatory as it has
environmental impacts and that the city is in a pinch with this service.
Mr. Schmitt commented that everyone supports recycling but that the question is whether making it
mandatory is right for the community. He commented that there are ordinances on the books that are
not being enforced and if they would be enforced it would help solve some of the issues with
contaminating recycling with yard waste.
August 19, 2019 Page 6
Mr. Feuss commented that he has been contacted by residents and asked that it maybe be postponed
for two weeks to get more information and look at a waiver for residents.
Mayor Hart addressed some of the miscommunication that was evident from the various comments
and questioned if council would be willing to just place a no vote if they don't support the item,
rather than postponing the vote.
Randy Bennett, commented on the extensive research that was done in putting together this proposal
and efforts made to address various areas of concern and explained that the lack enforcement of
some ordinances is mainly due to manpower. He stated that there is no intention of eliminating staff
through this program, and that by outsourcing recycling, it would free them up to address other areas
that they've not been able to manage.
Mr. Morrissey commented that keeping recycling pick up in house will create cost savings over
time. He stated that a division needs to be made between refuse, recyclable, and yard waste and
believes the presentation is incomplete and does not want to see an independent company take over
what should stay with the city.
Michelle Weidner, Chief Financial Officer, commented that Republic is asking for a 4% increase
over time but wage increases is not an accurate comparison, as employee salaries, benefits, fuel
costs, etc. would likely need to increase as well. She stated that facility space will also need to
increase and that the city cannot maintain the same service at the same rate. The time is here to
address the issues surrounding recycling services whether this program is approved or another, but
continuing with what we have at the same rate is unlikely.
Mr. Amos clarified that based on the information provided, more staff would need to be hired to
complete the same service, which would increase costs over time.
Mr. Jacobs commented that people like the recycling collection centers but they could be better
policed. He questioned if it would be possible for Republic to provide curbside recycling only for
those who want it.
Randy Bennett commented that that particular proposal is an option but it would be more expensive
than the proposal on the table.
Mr. Jacobs suggested that perhaps Mr. Feuss' recommendation to table the item for a couple of
weeks would be a good idea.
Randy Bennett commented that he respects council's request to take additional time for
consideration and explained the various actions that would need to take place and the timing
constraints if a program was still to be implemented this year.
Mr. Schmitt commented that years ago there were more recycling centers around the city and that
number was reduced because people abused them. He stated the citizens would be more responsible
about recycling if the city would enforce the current ordinances.
Mayor Hart stated that departments struggle during every budget to add staff and that there just isn't
currently enough staff to enforce the ordinances.
Mr. Morrissey questioned if the city has looked into doing a transfer station in Cedar Falls.
Randy Bennett explained that Cedar Falls collects by commodity only whereas Waterloo is
comingled.
Mr. Morrissey asked if other options can still be explored.
Randy Bennett confirmed.
Mayor Hart asked what can be expected if the recycling program is not passed by council.
Randy Bennett explained that if the item is not approved tonight, the next opportunity to implement
either externally or internally will be spring of next year.
August 19, 2019 Page 7
Mayor Hart asked if Republic Services could wait a week or two to give council an opportunity to
work together on a counter proposal they can support.
Matt Pivott, Republic Services, explained that it takes time to hire, train and deploy carts, but he
would be agreeable to wait another week.
156689 - Feuss/Juon
To postpone for one week. Roll call vote -Ayes: Five. Nays: Two (Morrissey and Klein). Motion
carried.
Mayor Hart asked that council work together in the next week to come up with something they could
pass.
156690 - Schmitt/Feuss
that "Resolution approving FY 2020 Edward Byrne Memorial Justice Assistance Grant (17 -JAG -
302508), in the amount of $195,640, in conjunction with enforcement efforts of the Tri -County Drug
Task Force, to include the City of Waterloo, City of Cedar Falls, Black Hawk County Sheriffs
Office and the Black Hawk County Attorney's Office, and authorize the Mayor to execute any
necessary documents", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-627.
156691 - Schmitt/Feuss
that "Resolution approving the Federal Violence Against Women Grant extension with an
amendment of an additional $9,028 in funding for the Domestic Abuse Response Team now totaling
$45,141 for salaries, with a local match in the amount of $14,226, for FY 2020", be adopted. Roll
call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-628.
156692 - Schmitt/Feuss
that "Resolution accepting a Local Fire Protection and Emergency Medical Services Grant, in the
amount of $7,888.99, for fireworks and safety education programming and training, 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. 2019-629.
156693 - Klein/Amos
that "Resolution approving a Grant Agreement with the Iowa Department of Transportation's Office
of Aviation, Contract No. 21613 and Project No. 9 -I -200 -ALO -200, in the amount of $129,342, in
conjunction with additional improvements to Hangar No. 4, 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. 2019-630.
156694 - Klein/Amos
that "Resolution approving a Professional Services Agreement with AECOM Technical Services,
Inc., in an amount not to exceed $23,900, for design and construction administration services, in
conjunction with improvements to Hangar No. 4, and direct 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. 2019-631.
156695 - Klein/Amos
August 19, 2019 Page 8
that "Resolution approving a Complaint Mowing and Snow Removal Fee Schedule, to be charged to
property owners, to coincide with fees charged by contracted mowing, plus an administrative fee of
$20 per transaction", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Forrest Dillavou, 1725 Huntington Road, questioned if the current cost of complaint mowing is $100
and where the new fee of $20 will go.
Michelle Weidner explained that the fees collected go to the code enforcement budget and the
administrative fee is not new. She stated that there is no minimum complaint mowing or snow
removal charge, it is whatever the contractor charges the city by an approved contract.
Mayor Hart questioned how the cost is determined.
Michelle Weidner explained that the cost may vary depending on the size and condition of the
property.
Resolution adopted and upon approval by Mayor assigned No. 2019-632.
156696 - Feuss/Morrissey
that "Resolution approving Amendment No. 2 to the Professional Services Agreement with
Ritland+Kuiper Landscape Architects, in conjunction with the Lincoln Park Renovation Project, in
the amount of $12,920, and authorize the Mayor to execute said document", be adopted. Roll call
vote -Ayes: Seven. Motion carried.
David Dryer, 3145 W. 4th Street, questioned if the $12,920 is part of the change orders listed in item
17 for the same project and what is the total cost to improve the park.
Paul Huting, Leisure Services Director, explained that the $12,920 is for the design of the project
and the change orders in item 17 are for the construction portion. He further explained that the city
will spend roughly $60,000.
Resolution adopted and upon approval by Mayor assigned No. 2019-633.
156697 - Feuss/Morrissey
that "Resolution approving Supplemental Agreement No. 1 to the Professional Services Agreement
with Stanley Consultants, Inc., of Des Moines, Iowa, originally approved on April 16, 2019, in an
amount not to exceed $6,800, in conjunction with the Upton Avenue Detention Basin Design, 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. 2019-634.
156698 - Feuss/Morrissey
that "Resolution authorizing assignment of rebates to ARC FEWTLIA001, LLC, in conjunction with
a Development Agreement with M & R Iowa, LLC, originally approved on March 4, 2013, for the
property located at 2320 W. Airline Highway, 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. 2019-635.
156699 - Feuss/Morrissey
that "Resolution awarding bid to Failor Hurley Construction of Waterloo, Iowa, in the amount of
$156,580, and approving the contract, bonds, and certificate of insurance, in conjunction with the
Waterloo Public Library Exterior Stair Renovation Project, 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. 2019-636.
ORDINANCES
August 19, 2019 Page 9
156700 - Morrissey/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
over, under and upon a portion of Fairview Avenue", be received, placed on file, considered and
passed for the third time and adopted time. Roll call vote -Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5510.
156701 - Morrissey/Feuss
that "Resolution authorizing sale and conveyance of a portion of Fairview Avenue and alleys in
Campbell's Addition, subject to the retention of a utility easement over, under and upon a portion of
Fairview Avenue, to Reg Drew Investments, LLC, in the amount of $1.00, 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. 2019-637.
156702 - Morrissey/Feuss
that "Resolution approving a Development Agreement with Reg Drew Investments, LLC, for the
property located at 139 Clark 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. 2019-638.
OTHER COUNCIL BUSINESS
156703 - Morrissey/Feuss
that Change Orders Nos. 1-4 for a total increase of $169,250, to Woodruff Construction, LLC, of
Waterloo, Iowa, in conjunction with the FY 2019 Lincoln Park Improvements Project, Contract No.
973, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried.
ADJOURNMENT
156704- Juon/Feuss
that the Council adjourn at 7:13 p.m. Voice vote -Ayes: Seven. Motion carried.
elley Felchl
City Clerk