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HomeMy WebLinkAboutMinutes-09/16/2019September 16, 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, September 16, 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: Margaret Klein, Ward 1 Council Member 156795 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, September 16, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 156796 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, September 9, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Proclamation declaring September 17 through 23, 2019, as Constitution Week. ORAL PRESENTATIONS David Dryer, 3145 W. 4th Street, commented that at the work session there was a long discussion about removing a council member and censuring council members. He believes it is the responsibility of the voters to remove council members from office. He commented on an article he read in the Courier about changing the zoning of the former Chamberlain Manufacturing site from industrial to residential and explained that he does not agree with doing this. He questioned the logic behind combining TIFF Districts for the new amusement park. Jim Chapman, 224 Bertch, commented that he spoke last week suggesting the city build a transfer station and staff it with an employee. He explained that the Mayor's response was that the city would have to spend money to make it happen. He explained that it would be worthwhile to build a transfer station as it would be a better solution for recycling and that the city is currently spending money anyway. Mayor Hart announced that today is the City Clerk's birthday and asked that everyone sing her happy birthday. 156797 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 156798 - 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 September 16, 2019, in the amount of $3,363,715.71 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. 2019-695. 2. Resolution approving cancellation of assessments for properties listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2019-696. September 16, 2019 Page 2 3. Resolution approving request from Four East Dining, DBA Anton's Garden and Newton's Cafe, to hold the 1st Annual Oktoberfest Downtown Waterloo event from September2,27-28, 2019, in and around the 100 block of E. 4th Street and the 500 Block of Sycamore Street, including a noise variance on September 27, 2019 from 4:00 p.m to 12:00 a.m. and September 28, 2019 from 8:00 a.m. to 12:00 a.m. Resolution adopted and upon approval by Mayor assigned No. 2019-697. 4. Resolution approving Variance to Noise Ordinance request from K. Cunningham Construction Co., Inc. from September 18 - November 1, 2019, from 11:00 p.m. to 7:'00 a.m. in conjunction with saw cutting of PCC Paving on Dysart Road and W. 2nd Street. Resolution adopted and upon approval by Mayor assigned No. 2019-698. 5. Resolution approving the request of Alexander Matheson for tax exemptions on the construction of a new single family home valued at $389,574, for property located at 1420 Audubon Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-699. 6. Resolution approving the request of Anh Nguyen for tax exemptions on the construction of a new single family home valued at $181,000, for property located at 1130 Hummingbird Circle, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-700. 7. Resolution approving the request of Joseph and Erinn Crane for tax exemptions on the construction of a new duplex valued at $219,000 for property located at 732 Grindstone Circle, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-701. 8. Resolution approving the request of Roger A. Meirick for tax exemptions on the construction of a new single family home valued at $299,859, for property located at 1314 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-702. 9. Resolution approving the request of Matthew Mastele for tax exemptions on the construction of a new single family home valued at $204,000, for property located at 1464 Audubon Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-703. 10. Resolution approving the request of Tu Kha Maung for tax exemptions on the construction of a new single family home valued at $163,900, for property located at 1111 Vermont 'Street, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-704. 11. Resolution approving the request of ARK II Real Estate Solutions, LLC, for tax exemptions on the construction of home improvements valued at $75,000 for a property located at 437 Hope Avenue, and located within the Consolidated Urban Revitalization Area (CUBA). Resolution adopted and upon approval by Mayor assigned No. 2019-705. b. Motion to approve the following: September 16, 2019 1. 2. a. b. c. d. a. b. c. d. e. Page 3 Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed John Dornoff, Planner I 2019 American Planning Association Iowa Conference Iowa City, IA October 9-11, 2019 $755 Anita Rousselow and Jenna Northey Community Development Block Grant Training for Practitioners Dubuque, IA November 5-7, 2019 $1,915 Bob Stanley, Combination Inspector International Code Council Residential Electrical Inspector Exam Online Exam September 11, 2019 $209 Steve Carey Confined Space Rescue Aurora/Brookings, SD September 17- 20, 2019 $726 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Ali's Liquor, 1117 E. 4th Street B Wine / C Beer / E Liquor Renewal 9/3/2020 x Knights of Pythias, 244 Ash Street C Liquor w/Outdoor Service Renewal 9/16/2020 x Kwik Star #229, 1717 E. San Marnan Drive B Wine / C Beer Renewal 9/24/2020 x Kwik Star #1004, 111 E. Donald Street B Wine / C Beer Renewal 10/21/2020 x Newton's Paradise Cafe', 128 E. 4th Street B Native Wine / C Liquor w/Outdoor Service Renewal 9/17/2020 x 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date Warren Frank McCaw Memorial Hall Commission December 31, 2021 New or Re -Appointment New 4. Motion approving recommendation of appointment of Jenna Northey from the civil service list to the position of Intake Specialist effective no later than September 30, 2019. Permit Application • Crossroads 12 Theatre, 2150 Crossroads Boulevard • Mini Cinema 16, 315 E. 1th Street • Fantasy Island Amusement, 1850 W. Airline Hwy 6. Cigarette/Tobacco Permit New Application for Speedy Mart, 926 Linn Street. 7. Cigarette/Tobacco Permit New Application for VVS, 501 N. Elk Run Road. 8. Bonds. Roll call vote -Ayes: Seven. Motion carried. 156799 - Klein/Amos September 16, 2019 Page 4 to approve the following Theatre License Permit Applications: • Crossroads 12 Theatre, 2450 Crossroads Boulevard • Romantix Adult Emporium, 1507 La Porte Road • Mini Cinema 16, 315 E. 4th Street • Fantasy Island Amusement, 1850 W. Airline Hwy Mrs. Klein commented that she is in favor of approving the license application for Crossroads 12 Theatre but not the other applications. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. RESOLUTIONS 156800 - Schmitt/Amos that "Resolution authorizing an exception to the City of Waterloo purchasing procedures, to approve the purchase of two (2) 2020 Type I Superliner 171" Body Ford 550 Ambulances from Life Line Emergency Vehicles of Sumner, Iowa, in the amount of $435,546", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned why an exception is needed to the purchasing policy. Pat Treloar, Fire Chief, explained the department recommendation. Resolution adopted and upon approval by Mayor assigned No. 2019-706. 156801 - Schmitt/Amos that "Resolution approving a Grant Agreement with the Iowa DOT's Aviation Bureau for FY 2020, Project No. 9 -I -200 -ALO -135-200 and Contract No. 21605, for Air Service Marketing of Waterloo Regional Airport, and authorizing the Mayor and Airport Director to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-707. 156802 - Schmitt/Amos that "Resolution approving and accepting a donated Permanent Easement Agreement and Temporary Easement with Blakewoods Place Condominium, to allow for the construction of a storm sewer located along the east side of Linbud Lane from Sager Avenue to Alabar Avenue, and authorizing 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. 2019-708. 156803 - Morrissey/Feuss that "Resolution approving Amendment No. 1 to a Consulting Services Agreement, with ClapSaddle-Garber Associates, Inc., originally executed on November 7, 2016, for a net increase of $125,723, to complete planning and design services for the Waterloo Air and Rail Park, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-709. 156804 - Morrissey/Feuss that "Resolution approving a request by Skogman Homes appealing the decision of the City Engineer per the provisions of the Waterloo City Code Section 7-1-4(G), dis-allowance of a second curb cut on property with a corner frontage lot, located at 1709 Waxwing Way, together with recommendation of approval of the Planning, Programming and Zoning Commission", be adopted. Roll call vote -Ayes: Seven. Motion carried. September 16, 2019 Page 5 Jamie Knutson, City Engineer, provided an overview of the item. He explained why the exemption is necessary, that he does not have the authority to grant the exemption, and that he supports the exemption. Mr. Morrissey questioned if this approval sets a precedent. Jamie Knutson stated that it does not set a precedent. Mr. Morrissey questioned if this type of exemption has been approved in other locations in Waterloo and approved by council. Jamie Knutson confirmed. Resolution adopted and upon approval by Mayor assigned No. 2019-710. 156805 - Morrissey/Feuss that "Resolution approving the Grade Crossing Surface Repair Fund Force Account Agreement with the Iowa Department of Transportation, Chicago Central Railroad Company and Pacific Railroad Company, for the Osage Avenue Railroad Crossing Surface Repair Project, with the City's share being twenty percent (20%) of the total project cost, which is to be determined, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned if this repair is specifically for Osage Avenue and Dubuque Road and if part of the funding for the repair will help to make the lights at the intersection work correctly. Jamie Knutson, City Engineer, Sandie Greco, Superintendent, Mr. Morrissey questioned how Jamie Knutson explained that allocates funds for repairs. Mr. Morrissey questioned if a in poor condition. Jamie Knutson confirmed. Resolution adopted and upon approval by Mayor assigned No. 2019-711. 156806 - Morrissey/Feuss explained the crossing repair portion of the project. explained the status of the new signals at the location. it is determined where the repairs would take place. the city submits requests to the state to fund the repair and the state crossing at Conger and Columbia are on the list for repair as they are that "Resolution approving a Grade Crossing Surface Repair Fund Force Account Agreement with the Iowa Department of Transportation, Chicago Central Railroad Company and Pacific Railroad Company, for the Wagner Road Railroad Crossing Surface Repair Project, with the City's share being twenty percent (20%) of the total project cost, which is to be determined, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-712. 156807 - Klein/Amos that "Resolution approving construction plans for paving and sanitary sewer serving Village West 3rd Addition, as submitted by Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, a Sewage Treatment Agreement, DNR Form 29 (Nov 00), with the Department of Natural Resources, final acceptance of construction plans, subject to the review and acceptance by the Department of Natural Resources, and authorizing the Mayor to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. September 16, 2019 Page 6 Resolution adopted and upon approval by Mayor assigned No. 2019-713. 156808 - Klein/Amos that "Resolution approving award of bid to Vieth Construction Corporation, of Cedar Falls, Iowa, in the amount of $219,947, and approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2020 Cardinal Drive, Donald Street, Linbud Lane, Martin Road, Drainage Improvements Project, Contract No. 988, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Jim Lawless, 2002 Ashland, questioned what would be done about drainage at Donald Street. Jamie Knutson provided an overview of the work planned to help mitigate water issues in the area. He explained that the best long-term solution is to install curb in gutter in the area. Mr. Morrissey questioned if wastewater fees would pay for the storm water infrastructure needed in the area. Jamie Knutson explained that storm water fees would be able to pay for some of the storm water repairs and Local Option Sales Tax would be used to pay for the road repairs. Mr. Morrissey questioned why storm water fee money is being spent on a short-term fix. Jamie Knutson explained that Donald Street is at least 10 years out from reconstruction or longer. This is a solution for an immediate situation that needs to be fixed. Mayor Hart questioned if this solution will remove the immediate problem. Jamie Knutson confirmed that this will fix will help alleviate standing water in the intersection that freezes in cold weather. Currently Public Works employees have to carry out extra sanding and salting to keep the intersection safe. Mr. Morrissey requested that pooling water issue on Clark Street in front of Huff Construction be addressed in the near future. Resolution adopted and upon approval by Mayor assigned No. 2019-714. 156809 - Klein/Amos that "Resolution approving Supplemental Agreement No. 2 to the Professional Services Agreement with AECOM Technical Services Inc., of Waterloo, Iowa, originally signed on October 5, 2015, to provide on-site assistance for the Waste Management Services Department, for up to six months, in an amount not to exceed $ 75,000, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested an overview of the item. Randy Bennett, Public Works Division Manager, explained the request. Mr. Schmitt questioned if there are further discussions about waste management regionalization. Randy Bennett commented that another regionalization meeting is happening on September 18. Mayor Hart added that Waterloo is very open to regionalizing waste treatment operations but that other communities have made comments in the Courier to the contrary. Resolution adopted and upon approval by Mayor assigned No. 2019-715. ORDINANCES 156810 - Amos/Morrissey September 16, 2019 Page 7 that "an Ordinance amending the City of Waterloo Traffic Code by deleting Subsection (47) University Avenue access (N), of Section 545, Yield Street, in its entirety, and inserting in lieu thereof a new Subsection (47) University Avenue Access (N), of Section 545", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Sandie Greco, Traffic Superintendent, provided an overview of the ordinance. 156811 - Amos/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 156812 - Amos/Morrissey that "an Ordinance amending the City of Waterloo Traffic Code by deleting Subsection (47) University Avenue access (N), of Section 545, Yield Street, in its entirety, and inserting in lieu thereof a new Subsection (47) University Avenue Access (N), of Section 545", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5513. OTHER COUNCIL BUSINESS 156813 - Amos/Feuss that Change Order No. 2 for a net increase of $64,602.40, in conjunction with the FY 2019 Asphalt Overlay Program, Contract No. 964, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. Jamie Knutson, City Engineer, provided an overview of the change order. 156814 - Amos/Feuss that the arbitrage test results reflecting that no payment is due to the Internal Revenue Service for the General Obligation Bonds Series 2013A, Series 2014A and Series 2014C bonds, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 156815 - Morrissey/Feuss that the Council adjourn at 6:14 p.m. Voice vote -Ayes: Seven. Motion carried. Kef ey Felchle City Clerk