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HomeMy WebLinkAboutMinutes-March 4, 2019March 4, 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, March 4, 2019. Mayor Pro Tem Sharon Juon in the Chair. Roll Call: Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Keith Kaspari, Airport Director 145914 - Schmitt/Amos that the Agenda, as proposed, for the Regular Session on Monday, March 4, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 145915 - Schmitt/Amos that the Minutes, as proposed, for the Regular Session on Monday, February 25, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Recognition of Sue Moody for 30 years of service. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, requested an update on the sale of the Rath Administration building, Sunnyside South, and the Five Sullivan Brothers Convention Center. Dave Zellhoefer, City Attorney, explained that a hearing regarding the Sunnyside South matter will be heard by the Supreme Court on April 9, 2019. Noel Anderson, Community Planning and Development Director, explained that the City is looking into the viability of parties interested in the Rath Administration building, and that options were being considered for a new management team for the Five Sullivan Brothers Convention Center by December. John Sherbon, 1715 Robin Road, questioned the $60,000 bill payment for the Five Sullivan Brothers Convention Center. David Dryer, 3145 W. 4th Street, questioned the cost to the taxpayers to move the railroad yard. He commented that he is not in favor of forcing citizens to participate in curbside recycling. He further commented that the Fire Department is at full staff and is questioning why the department needs additional funds for overtime to keep Fire Station 6 open. Noel Anderson, Community Planning and Development Director, explained that a study on the railroad yard needs to be done before the cost is determined. Randy Bennett, Public Works Manager, explained that the city does not currently have a recycling contract and that they are looking into expanding the recycling process, and that in the meantime citizens are not required to participate in curbside recycling. Sharon Juan explained that while Fire Station 6 is at a full authorized level, it is not staffed enough to keep it open without requiring firemen to work overtime. Todd Obadal, 124 Amity Drive, commented that camera enforcement should be used at the recycling centers to ensure illegal dumping is not taking place. Paul Huting, Leisure Services Director, commented that the Waterloo Warriors Hockey Team won the state hockey tournament. 145916 - Schmitt/Amos that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA March 4, 2019 Page 2 145917 - Schmitt/Amos that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. 1. Resolution approving Finance Committee Invoice Summary Report, dated March 4, 2019, in the amount of $2,590,941.91, 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. 2019-114. 2. Resolution approving request by Brandon Simon for a variance to Ordinance 5-2-11, Vehicles on Flood Control Levees, on May 4, 2019 to allow motor cross racers to cross the levee and operate on Cattle Congress grounds on both sides of the levee; and Ordinance 4-5- 6, Motor Vehicle Maximum Sound Levels, from 10:00 a.m. to 5:00 p.m., in conjunction with the 4th Annual UrbanCross Grand Prix event. Resolution adopted and upon approval by Mayor assigned No. 2019-115. 3. Resolution approving request of ABATE of Iowa, District 16, to hold its annual Motorcycle Awareness Ride on May 18, 2019, starting at 10:00 a.m. in Cedar Falls, traveling through Waterloo to Evansdale, then returning back to Waterloo and ending the ride at Silver Eagle Harley Davidson. Resolution adopted and upon approval by Mayor assigned No. 2019-116. 4. Resolution approving preliminary plans, specifications, form of contract, etc., and setting a date of bid opening as March 14, 2019, and public hearing as March 18, 2019 in conjunction with demolition services at: 1100 Grant Avenue, 800 W. 2nd Street, 1131 Bertch Street, 614 W. 7th Street, 623 W. 2nd Street, 3126 Franklin Street, 706 W. Park Avenue, 322 Crescent Place, 326 Crescent Place, and instructing City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-117. 5. Resolution approving preliminary plans, specifications, form of contract, etc. and setting the date of bid opening as March 14, 2019, and and public hearing as March 18, 2019, in conjunction with demolition services at: 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street and 1430 Commercial Street, 1211 Sycamore Street, 328 W. 14th Street, 419 Lane Street, 536 Dawson Street, and instructing City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-118. b. Motion to approve the following: a. b. c. d. e. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Sgt. Gann and Officer Jurgensen Crisis and Hostage Negotiator Training Iowa Narcotics Officers Association Conference Johnston, IA West Des Moines, IA April 8-12, 2019 March 26- 28, 2019 $960 $2,248 Inv. Feaker, Gehrke, Berry and Austin Sarah Kempen 2019 Iowa Water Conference Ames, IA March 12- 13, 2019 $234.51 Maggie Howard- Heretakis, Project Specialist National Environmental Policy Act Training for HUD Practitioners Kansas City, MO April 1-4, 2019 $1,023.75 Mayor Quentin Hart Opportunity Zone Investor Summit Los Angeles, CA March 17- 20, 2019 $2,000 March 4, 2019 2. a. b. c. d. e. Page 3 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Buzz's Bar, 1016 Maynard Avenue C Liquor w/Outdoor Service Renewal 3/14/2020 x Hampton Inn, 2034 LaPorte Road Special Class C Renewal 1/31/2020 x El Patron Family Mexican Restaurant, 301 E. 4th Street C Liquor w/Outdoor Service Renewal 2/29/2020 x Dollar General Store #10073, 3 815 University Avenue B Wine / C Beer Renewal 2/29/2020 x El Senor Tequila Nightclub, 118 E. 11th Street C Liquor New 2/18/2020 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Blake Hamer Main Street Waterloo Redevelopment Authority 12/31/2021 Correct Expiration Date Mark Iehl Main Street Waterloo Redevelopment Authority 12/31/2021 New Alice Rohret Historic Preservation Commission 3/4/2022 New Roll call vote -Ayes: Six. Nays: One (Schmitt on item 1.B.1.E). Motion carried. PUBLIC HEARINGS 145918 - Schmitt/Amos that proof of publication of notice of public hearing on the purchase of one 2019 Seven Passenger FWD minivan for the Motor Pool, as published in the Waterloo Courier on February 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 and there were none. 145919 - Schmitt/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 145920 - Schmitt/Amos that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Randy Bennett provided an overview of the need for the vehicle. Resolution adopted and upon approval by Mayor assigned No. 2019-119. 145921 - 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. 2019-120. 145922 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids. Estimate: $30,000 March 4, 2019 Page 4 Bidder Bid Amount Rydell of Independence, Independence, IA $21,307.00 Dan Deery Motor Co. Waterloo, IA $23,228.00 Voice vote -Ayes: Seven. Motion carried. 145923 - Schmitt/Amos that "Resolution approving award of bid to Rydell of Independence, of Independence, IA in the amount of $21,307, for the purchase of a 2019 Seven Passenger FWD minivan for the Motor Pool", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-121. 145924 - Morrissey/Amos that proof of publication of notice of public hearing on the purchase of one 2019 Automated side load garbage truck for the Sanitation Department, as published in the Waterloo Courier on February 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 oral comments. David Dryer, 3145 W. 4th Street, requested an overview of the need for the vehicle. Randy Bennett explained the need for the vehicle. 145925 - Morrissey/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145926 - Morrissey/Amos 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. 2019-122. 145927 - Morrissey/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-123. 145928 - Morrissey/Amos Motion to receive and file and instruct City Clerk to read bids and refer to the Public Works Manager for review. Estimate: $240,000.00 Bidder Bid Amount Harrison Truck Centers Marshall, MN (Bid #1) $253,311.00 Harrison Truck Centers Marshall, MN (Bid #2) $240,700.00 Cedar Rapids Truck Center, Inc. Cedar Rapids, IA $237,790.00 March 4, 2019 Page 5 Voice vote -Ayes: Seven. Motion carried. 145929 - Schmitt/Amos that proof of publication of notice of public hearing on the purchase of one 2019 Extended cab 4 X 4 short box pickup truck for the Sanitation Department, as published in the Waterloo Courier on February 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 and there were none. 145930 - Schmitt/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 145931 - Schmitt/Amos 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. 2019-124. 145932 - 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. 2019-125. 145933 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids and refer to the Public Works Manager for review. Estimate: $29,000.00 Bidder Bid Amount Bill Colwell Hudson, IA $25,483.00 Stivers Waukee, IA $25,196.00 Community Motors Co., Inc. Cedar Falls, IA $29,708.00 Witham Auto Center La Porte City, IA $27,674.00 Rydell Chevrolet Waterloo, IA $28,178.45 Voice vote -Ayes: Seven. Motion carried. 145934 - Morrissey/Schmitt that proof of publication of notice of public hearing on the General Obligation Bonds - ECP -1 - The issuance of not to. exceed $10,000,000 in General Obligation Bonds for essential corporate purposes, as published in the Waterloo Courier on February 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 if the city needs to raise taxes or cut expenses in order to avoid borrowing money. March 4, 2019 Page 6 Forrest Dillavou, 1725 Huntington Road, questioned how this 10 million measures up to bonding in other years. Michelle Weidner, Chief Financial Officer, explained that the City is borrowing about a million more this year than the average. Jim Chapman, 224 Batch, questioned the total debt amount of the city. 145935 - Morrissey/Schmitt that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145936 - Morrissey/Schmitt that "Resolution instituting proceedings to take additional action", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mrs. Klein commented that it does not make financial sense to keep borrowing funds while there is still bond fund balance coming forward. Mr. Morrissey commented that the council would have an opportunity in the future to make changes to the CIP program. Mrs. Klein questioned if there has been a year where the CIP dollar amount comes in lower than the dollar amount at this hearing. Michelle Weidner explained that it is typical for the amount of the bonds that the citysells to come in lower than the dollar amount at this hearing. Resolution adopted and upon approval by Mayor assigned No. 2019-126. 145937 - Morrissey/Schmitt that "Resolution authorizing the issuance of not to exceed $10,000,000 General Obligation Bonds, and levying a tax for the payment thereof', be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-127. RESOLUTIONS 145938 - Feuss/Morrissey that the Final Quantity Summary for a net decrease of $418, for the Waterloo Center for the Arts 2018 Restroom Renovation Project, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 145939 - Feuss/ Morrissey that "Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Failor Hurley Construction of Waterloo, Iowa, at a total cost of $369,832, in conjunction with the Waterloo Center for the Arts 2018 Restroom Renovation Project, 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. 2019-128. 145940 - Feuss/ Morrissey that "Resolution approving a Participating Provider Agreement with Iowa Total Care, Inc. of West Des Moines Iowa, to facilitate Medicare patient payments, and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. March 4, 2019 Page 7 Pat Treloar, Fire Chief, provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2019-129. 145941 - Amos/Morrissey that "Resolution approving Supplemental Professional Services Agreement No. 3 with AECOM, Inc. in the amount of $82,500, in conjunction with the Dry Run Creek Interceptor, Contract No. 877, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned how much the project has cost the city to date. Doug Schindle, AECOM, provided an overview of the project and explained that the supplemental agreement is to double the flow size to the pump station to accommodate future development to the area. The design cost for the project originally was $225,000. The generator addition was $37,500 and the update to the plan and profile sheet is $345,000. Supplemental agreement No. 1 was when the City went to the SRF for funding, and in addition to that was $318,000 for construction review services. The total project cost is about 5 million dollars. Resolution adopted and upon approval by Mayor assigned No. 2019-130. 145942 - Amos/Morrissey that "Resolution approving a Waste Water Industrial Treatment Agreement with Tyson Fresh Meat Inc., and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote - Ayes: Seven. Motion carried. Steve Hoambrecker, Waste Management Services Director, provided an overview of the agreement. Resolution adopted and upon approval by Mayor assigned No. 2019-131. 145943 - Amos/Morrissey that "Resolution approving an encroachment agreement with Cedric Culp to allow for an existing fence to remain in city right-of-way, including an 8 foot section along Ricker Street and North Barclay Street, a 56 foot section along North Barclay Street, and a 63 foot section along the alley at 500 Ricker Street, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Noel Anderson provided an overview of the item. Mr. Morrissey questioned what would happen with the encroachment agreement if Mr. Culp moves. Noel Anderson explained that the agreement is recorded and the new owner would find the agreement in the title opinion. Mr. Schmitt questioned what would happen if the fence is taken down. Noel Anderson explained that the agreement lasts until the fence goes down. Resolution adopted and upon approval by Mayor assigned No. 2019-132. ORDINANCES 145944 - Morrissey/Amos that "an Ordinance amending the City of Waterloo Code of Ordinances, by amending Title 5, Police Regulations, by adding a new Chapter 6, Chronic Nuisance Vehicles", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt questioned where the revenue collected from these tickets would reside. March 4, 2019 Page 8 Dan Trelka, Police Chief, explained that the revenue from these tickets would go into the general fund. Michelle Weidner explained that the revenue from these tickets would not be similar to the ATE citations. Mr. Jacobs questioned if the light transition delay is four seconds or longer. Dan Trelka stated that he was not sure. Mr. Jacobs questioned if the photo signs could be made larger. Dan Trelka explained that signs are located at most of the intersections and they can look at making the signs larger. Jim Chapman, 224 Bertch, questioned if chronic nuisance vehicles will be impounded. Dan Trelka commented that that is not the plan at this point, but it could be considered for the future. David Dryer, 3145 W. 4th Street, commented that the city needs an ordinance to bar the individual from driving a certain amount of time. Todd Obadal, 124 Amity Drive, commented that he is not supportive of camera enforcement or impounding vehicles. He expressed concern that city vehicles are not cited for violating the red light cameras. John Sherbon, 1715 Robin Road, commented that he supports red light cameras. Mr. Morrissey requested clarification on employee exemptions. Dan Trelka commented that emergency response vehicles, while they have their sirens and lights on, are exempt from any red light camera infractions, and that a city vehicle receiving an infraction will prompt a message to the head of the department that the vehicle belongs to. Mr. Jacobs commented that the chief deserves credit for coming up to a solution to a problem. He expressed support for the ordinance as it addresses a serious safety concern for the city. 145945 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Zero. Nays: Seven (Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon). Motion failed. 145946 - Amos/Morrissey that "an Ordinance amending the City of Waterloo Code of Ordinances, by amending Title 6, Motor Vehicles and Traffic, Chapter 1, Traffic Code, Section 4, Automated Traffic Enforcement", be considered and passed for the third time and adopted. Roll call vote -Ayes: Seven. Motion carried. Dan Trelka clarified that vehicles will only receive a ticket when driving through an intersection if the light turns red before the vehicle passes the stop line. Mr. Feuss questioned if council will receive a base line and a report on its impact after six months. Dan Trelka confirmed that they will. Mr. Schmitt clarified that the revenue goes to the special ATE account. Ordinance adopted and upon approval by Mayor assigned No. 5487. ADJOURNMENT 145947 - Morrissey/Jacobs March 4, 2019 Page 9 that the Council adjourn at 6:44 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk