HomeMy WebLinkAboutMinutes-09/23/2019September 23, 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 23, 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: Mayor Quentin Hart
156824 - Juon/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, September 23, 2019, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
156825 - Juon/Schmitt
that the Minutes, 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.
Proclamation declaring second week in October as Earth Science Week.
Proclamation declaring October 11, 2019 as Day of Inclusion.
Recognition of Mike Moore for 30 years of service.
Recognition of Tom Siglin for 30 years of service.
ORAL PRESENTATIONS
David Dryer, 3145 W. 4th Street, questioned financial assistance to the Bertch family with regards to
the purchase of property for the theme park and the Crossroads/San Marnan TIF District.
Noel Anderson, Community Planning and Development Director, explained the Development
Agreement for the theme park is ongoing. Plans are to connect the San Marnan and Crossroads TIF
Districts. The City is not discussing purchasing the land and selling it back for $1.00 at this time.
Lawrence Wheeler, 433 Bratnober, spoke regarding his concerns with a property located at 436
Bratnober. Mayor Hart directed the Building Department to investigate Mr. Wheeler's concerns.
156826 - Juon/Amos
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
156827 - Juon/Amos
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 23,
2019, in the amount of $1,874,359.00, 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. 2019-720.
2. Resolution approving request of Main Street Waterloo and the Waterloo Community School
District to hold the 19th Annual Mayor's Fun Run event on September 24, 2019 from 9:30
a.m. to 12:00 noon to be held at the Expo Grounds and Downtown Streets.
Resolution adopted and upon approval by Mayor assigned No. 2019-721.
September 23, 2019 Page 2
1.
3. Resolution approving request of East High School to hold their annual Homecoming Parade
on Friday, October 4, 2019 from 2:00 p.m. to 3:00 p.m., beginning and ending at East High,
traveling on E. 5th, Sycamore and E. 4th Streets, including a street closure of High Street
from 10:00 a.m. to the starting time of the parade.
Resolution adopted and upon approval by Mayor assigned No. 2019-722
4. Resolution approving preliminary plans, specifications, form of contract, etc., setting a date
of bid opening as October 10, 2019 and date of public hearing as October 14, 2019, for the
FY 2020 Levee Tree Removal, Contract No. 990, and instructing the City Clerk to publish
said notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-723
5. Resolution setting date of public hearing as October 7, 2019 to approve the request by the
City of Waterloo to vacate sidewalks on both sides of the 100 block of Halstead Street and
the south side of the 100 block of Merriman Street, and instructing the City Clerk to publish
notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-724
6. Resolution approving preliminary specifications, bid documents, contract, etc., in
conjunction with the rental of four (4) motor graders to support snow removal operations,
setting a date of bid opening as October 10, 2019 and date of public hearing as October 14,
2019, and instructing City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-725
7. Resolution fixing date for a meeting on the proposal to reallocate certain unspent proceeds of
the Taxable General Obligation Bonds, Series 2017B and Taxable General Obligation Bonds,
Series 2018B, and providing for publication of notice thereof.
Resolution adopted and upon approval by Mayor assigned No. 2019-726.
8. 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. 2019-727.
b. Motion to approve the following:
a.
b.
c.
d.
e.
f.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Officer Ehlers
Dogs for Law
Enforcement Tracking
Class
New
Hartford, IA
October 10-
12, 2019
$495
Lt. McClelland and
Lt. Richter
Management and
Leadership Skills for
Challenging Times
Des Moines,
IA
September
30 -
October 2,
2019
$1,260
Chris Youngblut,
Director of
Technology
Iowa Technology
Summit
Des Moines,
IA
September
30 -
October 1,
2019
$475
Michelle Davis -
Fitness Specialist
Midwest Mania - SCW
Fitness Education
Rosemont,
IL
October 4-
6, 2019
$650
All SportsPlex Staff
Customer Service
Training
Waterloo,
IA
October 6,
2019
$600
Chris Ferguson, Fire
Marshal and Brock
Iowa Chapter of the
International Association
Cedar
Rapids, IA
September
11-12, 2019
$530
September 23, 2019
2.
g.
h.
a.
b.
c.
Page 3
Weliver, Lt. Fire
Prevention Officer
*AMENDED*
of Arson Investigators
Annual Conference
Class
New or
Renewal
Expiration
Date
Bill Beck, Fire
Lieutenant
Firehouse Expo and
Leadership Conference
Nashville,
TN
October 9-
11, 2019
$999
Martin M. Petersen,
City Attorney
Live Webinar
In Office
October 4,
2019
$180
Approved Beer, Liquor, and Wine Applications
Name & Address of Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Anton's Garden, 129 E. 4th
Street *Extended Outdoor
Service* Sept. 26-29, 2019
Special C Liquor
w/Outdoor Service
New
9/29/2019
x
Hy -Vee C -Store #4, 3700
University Avenue
B Wine / C Beer
Renewal
10/31/2020
x
Newton's Paradise Cafe', 128
E. 4th Street *Extended
Outdoor Service* Sept. 26-
29, 2019
C Liquor
w/Outdoor Service
New
9/29/2019
x
3. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration
Date
New or
Re -Appointment
Felicia Carter
Community Development
Board
September 23,
2022
New
4. Bonds.
Roll call vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
156828 - Schmitt/Amos
that proof of publication of notice of public hearing on FY 2020 Sidewalk Repair Assessment
Program - Zone 9, Contract No. 981, as published in the Waterloo Courier on September 12 & 19,
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.
David Dryer, 3145 W. 4th Street, questioned the difference between the two public hearings.
Jamie Knutson, City Engineer, explained the second items deals with the plats, legals and amounts to
be certified for each property requiring repair assessments and the first item deals with the
construction contract for those repairs.
Lawrence Wheeler, 433 Bratnober, commented the set-up for the sidewalk assessment program is
confusing.
Pam Campbell, 2837 E. 4th Street, questioned the process for calculating fees for assessments.
Mayor Hart directed the City Engineering Department to speak with Ms. Campbell to respond to her
question.
156829 - Schmitt/Amos
that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
156830 - Schmitt/Amos
September 23, 2019 Page 4
that "Resolution adopting Proposed Resolution of Necessity, as proposed or amended", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-728.
156831 - Schmitt/Amos
that "Resolution approving proposed construction of sidewalk improvements", be adopted. Roll -call
vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-729
156832 - Schmitt/Amos
that "Resolution to fix value of lots", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-730.
156833 - Schmitt/Amos
that "Resolution to adopt proposed plat and schedule of assessments and estimate of costs", be
adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-731.
156834 - Morrissey/Amos
that proof of publication of notice of public hearing on FY 2020 Sidewalk Repair Assessment
Program - Zone 9, Contract No. 981, as published in the Waterloo Courier on September 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.
156835 - Morrissey/Feuss
that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
156836 - Morrissey/Feuss
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. 2019-732.
156837 - 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. 2019-733.
156838 - Morrissey/Feuss
Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review.
Estimate: $581,838.95
Bidder
Bid Security
Bid Amount
B&B Builders
Waterloo, IA
5%
$641,372.86
September 23, 2019 Page 5
Lodge Construction, Inc.
Clarksville, IA
5%
$703,790.60
Voice vote -Ayes: Seven. Motion carried.
RESOLUTIONS
156839 - Amos/Feuss
that "Resolution approving the FY 2019 Consolidated Annual Performance and Evaluation Report
(CAPER) for CDBG and HOME program activities for the period of July 1, 2018 through June 30,
2019 to the U.S. Department of Housing and Urban Development", be adopted. Roll call vote -Ayes:
Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-734.
156840 - Amos/Feuss
that "Resolution approving the Annual Financial Report for City Streets for the fiscal year ended
June 30, 2019, and authorizing transmittal to the Iowa Department of Transportation", be adopted.
Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-735.
156841 - Amos/Feuss
that "Resolution authorizing an exception to the City of Waterloo purchasing procedures policy to
approve the purchase of a demonstration unit garbage truck, in the amount of $240,468", be adopted.
Roll call vote -Ayes: Seven. Motion carried.
David Dryer, 3145 W. 4th Street, questioned why the City would purchase a demonstration model.
Dryer feels the garbage truck company should provide demos for free.
Mrs. Juon asked Mr. Bennett to clarify purchase as opposed to testing equipment.
Randy Bennett, Public Works Director, explained the City is not using the garbage truck for
demonstration purposes, but purchasing a truck that was previously used as a demonstration model
and as a result the City would be paying substantially less for a practically new truck.
Mrs. Klein commented this was savvy shopping on behalf of the City.
Resolution adopted and upon approval by Mayor assigned No. 2019-736.
156842 - Klein/Feuss
that "Resolution approving Acceptance of Improvements of the Ridgeway Development, 1850 W.
Ridgeway Avenue, and Village West Subdivision, performed by BCS Properties, LLC, of Cedar
Falls, Iowa, 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. 2019-737.
156843 - Klein/Feuss
that "Resolution approving a Professional Services Agreement with Stanley Consultants, Inc., of Des
Moines, Iowa, in an amount not to exceed $505,000, in conjunction with the Park Avenue and 11th
Street over Cedar River Bridge Replacements Feasibility Study, and authorizing the Mayor to
execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Mr. Schmitt questioned the goal for the Park Avenue bridge, cost, and if other options were
considered.
September 23, 2019 Page 6
Jamie Knutson, City Engineer, explained the City will receive 12.5 million dollars in federal and
state funds for the replacement of two bridges at an estimated cost to the City of 3.4 million.
Knutson further explained Waterloo is receiving 1/3 of all grant monies being allotted to the entire
state.
Mr. Schmitt questioned the need for all the bridges in Waterloo considering the changes in
population since the bridges were built and if 12 million will cover the cost of replacing both
bridges.
Jamie Knutson explained the grant requires both bridges be replaced or the City will receive no grant
monies and possibly jeopardize the entire state grant, and that the City will be responsible for any
monies in excess of 12.5 million.
Mayor Hart questioned the cost for removing a bridge.
Jamie Knutson estimated a couple million, but explained it would be difficult in this case as they are
landlocked between two levies.
Mrs. Klein congratulated Mr. Knutson on preparation for the grant.
Jamie Knutson stated credit needs to go to the Department of Transportation and state
representatives.
Mayor Hart questioned why these bridges were considered.
Jamie Knutson explained the bridges have been on the Department of Transportation's list for
repairs for numerous years, that the City has been offered smaller grants several times, but that this
is the first grant that would cover the cost for replacing the bridges and a huge opportunity for the
city.
Mr. Morrissey questioned if this was a design and feasibility study.
Jamie Knutson explained this is for input from council as to design and amenities for the bridges,
preliminary engineering, final design and inspection agreements would be presented to the Council
at a later date.
Resolution adopted and upon approval by Mayor assigned No. 2019-738.
156844 - Klein/Feuss
that "Resolution approving a Professional Services Agreement with AECOM Technical Services,
Inc., of Waterloo, Iowa, in an amount not to exceed $109,500, for design services to delineate
wetlands along Martin Luther King Jr. Drive, 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. 2019-739.
156845 - Amos/Morrissey
that "Resolution approving a Development Agreement with Mersiha and Asim Mustedanagic, for
the construction of a single family home with a minimum value of $200,000, and approving a
development grant of $5,000, and authorizing 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. 2019-740.
156846 - Amos/Morrissey
that "Resolution approving and accepting acquisition contracts and approving deeds to sell real
property to the City of Waterloo, for the partial acquisition of property and temporary easement
from Richard C. and Helen J. Anderson, in the amount of $189,435, with recording fees not to
exceed $100, located east of 300 Ralston Road, and authorizing the Mayor and City Clerk to execute
said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried.
September 23, 2019 Page 7
David Dryer, 3145 W. 4th Street, questioned the amount of property in the acquisition.
Noel Anderson, Community Planning and Development Director, explained the City will acquire
12.01 acres in fee acquisition and 6.1 acres in temporary easements for the project.
Mr. Schmitt requested an overview of the project.
Noel Anderson explained the project is part of the infill policy with a new home on a lot off of
Ridgeway Avenue and 4th Street which has been empty since platted in the 1990s.
Resolution adopted and upon approval by Mayor assigned No. 2019-741.
ORDINANCES
156847 - Morrissey/Amos
that "an Ordinance amending the City of Waterloo Traffic Code by repealing Subsection (74) -
University Avenue, of Section 541, Increasing Speed Limits in Certain Areas, in its entirety, and
inserting in lieu thereof a new Subsection (74) University Avenue, to Section 541, Increasing Speed
Limits in Certain Areas", be received, placed on file, considered and passed for the first time.
Mary Potter, 1416 W. 4th Street, questioned reason for changing speed limit from 35 mph. to 45
mph.
Sandie Greco, Traffic Operations Director, explained the consultants designing the University
Avenue Project have recommended this change based on their design studies.
Mrs. Juon questioned the general location on University Avenue where the speed limit change would
be made.
Doug Schindel, AECOM, explained this is a transition at Greenhill Road and east of there are
frontage roads where they are looking at 45 mph.
Mrs. Klein questioned why the speed limit isn't 35 mph the entire way.
Doug Schindel, explained it is difficult to control traffic coming from the east on Greenhill road
going 45 mph. down the hill, moving and used to moving at that speed. Schindel suggested that a
speed study could be done in this area.
Mrs. Klein stated she lives in that area and feels that multiple speed limits would be confusing for
her.
Mr. Schindel, explained that from Fletcher to Hwy. 63 there are limited access points and that it
would be difficult to limit drivers to 35 mph in that area and as a consultant on this project the
change in speed limit makes sense to him and is his recommendation.
156848 - Morrissey/Amos
to amend the proposed ordinance as follows: (74) University Avenue — From the northwesterly side
of W. Mullan Avenue to a point '100 feet west • : - . - • . - . - the west corporate limits
(Midway Drive) - 35 mph.
From a point 100 feet west of Belmont Avenue to Access "B" /15 mph
From Access "B" to the wcst corporate limits (Midway Drive 35 mph
Mr. Morrissey presented and read his University Avenue speed limit amendment rationale to the
council.
Mr. Schmitt questioned why the City would pay hundreds of thousands of dollars to experts for
project proposals if the information wasn't based on some level of science.
September 23, 2019 Page 8
Doug Schindel, AECOM, responded that their proposals and recommendations are based on traffic
and access control studies, but that a speed study could also be performed if the council requested it.
Mr. Schmitt questioned the accident rate on this stretch of University Avenue.
Doug Schindel responded he would make that information available.
Mr. Schmitt stated he feels safety is not the only thing to be taken into consideration that roads are
designed to move traffic in an expeditious fashion and that makes sense to him in this area.
Mrs. Juon questioned the downside of setting the entire route 35 mph and feels this has a lot of merit
for continuity to avoid confusion.
Doug Schindel explained the downside would be enforcement issues for the slower speed limit
considering the current traffic flow and the speed drivers are currently driving in this corridor.
Mr. Jacobs feels it would be beneficial to have more information via a speed study. Jacobs
explained he feels the council should want people to use the road rather than steering them away
from the road, that business owners want people to come back to University Avenue and that the
City shouldn't make it harder for them to access or slow that travel down.
Mayor Hart questioned the availability of a speed study and the speed limit on Downing.
Doug Schindel responded the speed limit is 25 mph on Downing, a residential street.
Mrs. Klein stated her ward runs along this stretch, they are used to going 45 mph, that this will not
sit well with those neighborhoods and feels a speed study would be beneficial.
Mr. Morrissey stated more than half of this roadway is in Ward 3 and asked the council to respect
the opinion of Ward 3 residents as well as the person elected to represent Ward 3. Morrissey feels
the vehicle RAMBO could be used effectively in enforcing new speed limits. Morrissey suggested if
the public overwhelmingly wished to change the speed limit after the fact then to change it back to
45 mph.
Mr. Morrissey asked the Council to move on his amendment to the motion at this time.
Mrs. Klein stated, as a large portion of the area is in her ward it would be prudent to allow the
experts to review this and report back to the council.
Doug Schindel explained a traffic study was performed and that AECOM could provide the council
with that information along with accident data if they would like to have a work session.
Mr. Morrissey stated this is nothing new, that complete streets committee has talked about 35 mph
all along and that the timing of this motion is crucial.
Mayor Hart explained the motion to amend on the table would need to be voted on.
Mr. Amos questioned if the motion could be changed at the second or third reading once the council
received more information.
Mayor Hart explained once the council approved a motion at the first reading, that same motion had
to be read at the second and third readings in order for it to pass.
Martin Petersen, City Attorney, advised the council to vote on the amendment and that if that failed
to address the ordinance as presented.
Mr. Morrissey questioned what variables are going to be used in a traffic study and requested that
the council respect the feelings and opinions of the citizens of Ward 3.
Jamie Knutson, City Engineer, explained as AECOM is in the final design stages of this project,
speed limits would determine the shape of the curb and gutter. If the speed limit is made 35 mph
then the curb and gutter is dependent upon that speed limit. The City would not have the option to
change to 45 mph at a later date because of that curb and gutter design. Knutson explained 45 mph
September 23, 2019 Page 9
curb has a lower slope. Knutson suggested waiting on the motion for further information from
AECOM.
Mrs. Klein stated as the item was worded on the agenda amending and voting on the amendment
doesn't allow the public an opportunity to weigh in on the subject.
Mr. Jacobs expressed to the council that University is a main artery. Plans should encourage not
prohibit use and to support the businesses along this route by facilitating increased travel. Jacobs
requested more time to receive additional information.
Mr. Schmitt and Mrs. Juon questioned if it was possible for a design to go from 45 mph to 35 mph.
Sandi Greco, Traffic Operations Director, explained there is a comprehensive formula used for speed
studies, not just speed and asked that they be allowed time to complete that study.
Mr. Morrissey withdrew his motion.
156849 - Morrissey/Amos
that the vote to postpone for two weeks, be approved. Roll call vote -Ayes: Seven. Motion carried.
ADJOURNMENT
156850 - Juon/Feuss
that the Council adjourn at 7:04 p.m. Voice vote -Ayes: Seven. Motion carried.
Le Ar M. Ever\CMC, IaCMC
Deputy City Clerk