HomeMy WebLinkAboutMinutes-10/28/2019October 28, 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, October 28, 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: Veterans in audience.
156954 - Juon/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, October 28, 2019, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
156955 - Juon/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, October 21, 2019, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
Kathy Mahoney, 1400 Denver Street, spoke on the history of liberty and justice.
David Dryer, 3145 W. 4th Street, commented that dirt is piled at the old flea market site and
questioned if it will be removed.
Noel Anderson, Community Planning and Development Director, explained that dirt on the site will
be used for construction or be moved off depending on the condition of the dirt.
Effie Burt, 626 Boston Avenue, commented that she is now living in Mississippi but that she kept
the property and chose to rent to Section 8. She stated that she is here in Waterloo to reclaim her
property after suffering over $8,000 in damages by the last three tenants. What is the city doing to
prevent people from allowing housing, especially rental property, to fall into disrepair?
Julie Dawson, Housing Director, commented that inspections occur for Section 8 when a tenant
moves in, annually while the tenant is residing, and on a complaint basis. No inspection are
performed when a tenant moves out, that is left between the tenant and homeowner.
Lawrence Wheeler, 433 Bratnober, commented that a proclamation that was read last week made it
sound like that lead only occurs in paint. He explained the other surfaces in homes that could
contain lead.
Mayor Hart shared that a Young Professionals event will take place at Verve Kombucha tomorrow
from 5:30-7:30.
Mr. Amos thanked the Fire Department for their quick response to help his sister who had a heart
attack in council chambers last Tuesday.
156956 - Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
156957 - 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 October 28, 2019,
in the amount of $4,467,960.29, a copy of which is on file in the City Clerk's office, together
with recommendation of approval of the Finance Committee.
October 28, 2019 Page 2
1.
2.
Resolution adopted and upon approval by Mayor assigned No. 2019-807.
2. Resolution approving request of Merima Dizdaric for a waiver for a concrete driveway,
located at 1330 Jersey Lane, 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. 2019-808.
3. Resolution approving request of William Frost for a waiver for a concrete driveway, located
at 919 Reed Street, with the elimination of the sidewalk section due to the inability to meet
grade requirements.
Resolution adopted and upon approval by Mayor assigned No. 2019-809.
4. Request to certify assessment to 105 Lincoln Street in the amount of $4,225, for work
performed by the Waterloo Water Works, together with recommendation of approval by the
Waterloo Water Works Board of Trustees.
Resolution adopted and upon approval by Mayor assigned No. 2019-810.
5. Resolution setting date of bid opening as November 7, 2019, and date of public hearing as
November 12, 2019, for the Dry Run Creek Interceptor, Contract No. 877, and instruct City
Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-811.
6. Resolution setting date of public hearing as November 12, 2019, to approve the request by
the City of Waterloo to vacate approximately 4,459 square feet of street right-of-way, located
along the northerly side of Harwood Avenue at the former Edison School Site, subject to the
retention of a utility easement, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-812.
b. Motion to approve the following:
a.
b.
c.
a.
b.
c.
d.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Nate Alderman,
Electrician
National Electrical Code
Waterloo,
IA
November
13, 2019
$190
Officers Caleb
Christiansen and
Chris Roberts
Precision Driving
Instructor School
Newton, IA
November
4, 2019
$2,000
Jason Hernandez,
Medical Supervisor
Iowa Emergency
Medical Services
Association Conference
Des Moines,
IA
November
7, 2019
$639.50
Approved Beer, Liquor, and Wine Applications
Name & Address of Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Fareway Stores #951, 40 W.
San Marnan Drive
B Wine / C Beer / E
Liquor
Renewal
11/15/2020
Kwik Star #380, 506 W. 9th
Street
C Beer
Renewal
11/18/2020
x
The Snack Shack, 4335
Texas Street
B Native Wine / C
Beer
Renewal
3/31/2020
x
The Snack Shack, 4335
Texas Street
E Liquor
Renewal
7/19/2020
x
October 28, 2019
e.
Page 3
The Snack Shack, 4335
B Native Wine / C
New
7/31/2020
x
Texas Street
Beer
3. Motion to approve Exception to Burning Yard Waste Application for Diane Phelps to burn 4.5 acres
of prairie grass, located at 1553 E. Donald Street, every two (2) years from October to December.
Roll call vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
156958 - Schmitt/Amos
that proof of publication of notice of public hearing on request by Linda Woock to rezone 8.054
acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District, located at
and adjacent to 2036 Ashland Avenue, as published in the Waterloo Courier on October 18, 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.
156959 - Schmitt/Amos
that the hearing be closed and written comments and recommendation of approval of the Planning,
Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven.
Motion carried.
156960 - 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
properties located at and adjacent to 2036 Ashland Avenue", be received, placed on file, considered
and passed for the first time. Roll call vote -Ayes: Seven. Motion carried.
156961 - Schmitt/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Four. Nays: Three (Jacobs, Klein, and Schmitt) Motion failed.
Noel Anderson, Community Planning and Development Director, explained that there were a couple
of concerns presented at the Planning Commission meeting but no one has expressed opposition.
Linda Woock, 2036 Ashland Avenue, explained that her son is wanting to purchase the property
from her and build a home on the property.
156962 - Feuss/Amos
that proof of publication of notice of public hearing on sale and conveyance of city owned property
generally located south of 428 Cherry Street, to Jeannette Cockrell, in the amount of $1,040, with
no development agreement, as published in the Waterloo Courier on October 18, 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.
156963 - Feuss/Amos
that the hearing be closed and recommendation of approval of Planning, Programming and Zoning
Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
156964 - Feuss/Amos
that "Resolution authorizing the sale and conveyance of city owned property generally located south
of 428 Cherry Street, to Jeannette Cockrell, in the amount of $1,040, with no development
October 28, 2019 Page 4
agreement, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll -
call vote -Ayes: Seven. Motion carried.
Noel Anderson provided an overview of the item.
Resolution adopted and upon approval by Mayor assigned No. 2019-813.
156965 - Amos/Feuss
that proof of publication of notice of public hearing on FY 2020 Cedar River Dam Repairs, Contract
No. 996, as published in the Waterloo Courier on October 14, 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 cost of repair could have been applied to
completely pay for dredging the Cedar River.
156966 - Amos/Feuss
that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
156967 - Amos/Feuss
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Jamie Knutson, City Engineer, provided an overview of the item.
Mr. Schmitt questioned if it is the dam or the bladder that is broken.
Jamie Knutson explained that it is unknown at this time and will know for sure when a contractor is
in the water investigating.
Resolution adopted and upon approval by Mayor assigned No. 2019-814.
156968 - Amos/Feuss
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-815.
156969 - Amos/Feuss
Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review.
Engineer's Estimate: $105,000
Bidder
Bid Security
Bid Amount
J.F. Brennan Company, Inc.
La Crosse, WI
5%
$388,350.00
Peterson Contractors, Inc.
Reinbeck, IA
So/o
$586,405.00
Voice vote -Ayes: Seven. Motion carried.
Mayor Hart explained that the public hearing for the Dry Run Creek Interceptor, Contract No. 877,
has been cancelled and rescheduled for November 12, 2019.
RESOLUTIONS
156970 - Kline/Juon
October 28, 2019 Page 5
that "Resolution approving a Consulting Services Agreement between Magellan Advisors, LLC,
Waterloo Telecommunications Utility, and the City of Waterloo, to perform a comprehensive
community broadband feasibility study, in the amount of $84,450, together with the
recommendation of approval of the Waterloo Telecommunications Utility Board, and authorizing 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 it would cost to implement a plan.
Rich Kurtenbach, 238 Normandy and Telecommunications Utility Board Member, explained that the
city needs reliable internet service provided to homeowners and businesses.
Mr. Schmitt questioned the track record of the consultant.
Randy Pilkington, Telecommunications Board, explained why Magellan Advisors was selected.
Mrs. Kline commented that she trusts the Telecommunications Board in their recommendation and
supports the project.
Resolution adopted and upon approval by Mayor assigned No. 2019-816.
156971 - Kline/Juon
that "Resolution authorizing the City Attorney to file a claim in Vista Healthplan, Inc. v. Cephalon,
Inc., et al, Civil No. 06 -CV -01833, in the United States District Court for the Eastern District of
Pennsylvania", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-817.
156972 - Kline/Juon
that "Resolution approving award of contract to Keisler Police Supply, in the amount of $24,677, for
the Police Department's FY 2020 ammunition needs as budgeted, and authorizing the Mayor to
execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-818.
156973 - Schmitt/Amos
that "Resolution approving completion of project and recommendation of acceptance of work for
work performed by Croell, Inc., in the amount of $2,148,349.98, in conjunction with the
reconstruction of Taxiway Charlie at the Waterloo Regional Airport, and authorizing the Mayor and
Airport Director to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-819.
156974 - Schmitt/Amos
that "Resolution approving completion of project and recommendation of acceptance of work for
work performed by Aspro, Inc., of Waterloo, Iowa, in the amount of $652,178.66, in conjunction
with the reconstruction of the Runway 12/30 paving joint, and the complete airfield repainting of all
FAA eligible pavement markings, and authorizing the Mayor and Airport Director to execute said
documents", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-820.
156975 - Amos/Feuss
that "Resolution approving a Professional Services Agreement with AECOM Technical Services,
Inc., of Waterloo, Iowa, in an amount not to exceed $537,300, in conjunction with preliminary
engineering services for the La Porte Road/Hess Road Corridor Improvements - Phase I, and
October 28, 2019 Page 6
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. 2019-821.
156976 - Amos/Feuss
that "Resolution approving 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 x 10 inch x 18 foot
monument sign in the City right-of-way, in the median of Nicki Street, north of 131 Tower Park
Drive, and authorizing the Mayor and City Clerk to execute said document and rescinding
Resolution No. 2019-609", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-822.
ORDINANCES
156977 - Amos/Feuss
that "an Ordinance amending the City of Waterloo Code of Ordinances by adding a new Title 5,
Police Regulations, Chapter 3, Human Rights, Section 15, Unfair Use of Criminal Record in Hiring
Decisions, and repealing Ordinance No. 5515", be received, placed on file, considered and passed
for the second time. Roll call vote -Ayes: Four. Nays: Three (Jacobs, Kline, Schmitt). Motion
carried.
Rev. Dr. Mary Robinson, 321 Normandy Street, encouraged council to support the ordinance.
Brian Samson, 1004 Minnesota Street, explained that he does not support the ordinance as he
believes it will deter businesses from opening their doors in Waterloo and that the issue should be
addressed by the state.
Kathy Mahoney, 1400 Denver Street, commented that the ordinance is an exciting opportunity for
Waterloo and encouraged council to support the ordinance.
Todd Obadal, 124 Amity Drive, commented the dialogue surrounding the ordinance, both in support
and in opposition. He explained that he believes the ordinance violates state law and believes the
issue should be addressed at the state level.
Mr. Jacobs commented that some studies show that ban the box policies actually hurt minorities. He
stated that the ordinance violates state law, read the applicable code section, and commented that the
ordinance is unenforceable. He added that the ordinance will be burdensome to businesses,
recommended that the state pass this ordinance as a law, asked the mayor to veto the ordinance, and
stated that the ordinance violates the oath of office each council member took.
Mrs. Kline explained why she supports banning the box on a job application and why she does not
support the ordinance as proposed. She commented that for every list of wonderful people who
ended up in prison, she could match the list with names of those on the counter of that and proceeded
to list a few names.
Mr. Amos commented that he campaigned on perception, reality, and truth. He explained that
people's perceptions are their realities, and in order to change their realities we need to change their
perceptions. He stated that he does not see any reason to have fears and concerns about businesses
not coming here as Waterloo is a diverse community and he supports the ordinance.
Mr. Schmitt thanked Mr. Jacobs and people who spoke tonight. He stated that people do believe in
giving a second chance but they also want to make that choice on their own, not forced by local
government. He explained why he would not be supporting the ordinance.
Mr. Morrissey explained why he does not believe this ordinance violates state law and further
commented that invoking fear in those that favor the ordinance by bringing up hardened criminals to
scare people into not passing the ordinance is wrong.
October 28, 2019 Page 7
Mrs. Kline commented that her colleague tries to use bullying language in response to anything she
says. She believes it is fair and valid to mention John Wayne Gacy when you are faced with a list of
someone who's trying to prove the opposite by bringing up a list of all of the saintly people who
have gone to prison by no fault of their own.
156978 - Amos/Feuss
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Four. Nays: Three (Jacobs, Kline, and Schmitt). Motion failed.
156979 - Feuss/Amos
that "an Ordinance fixing the compensation of mayor and council members of the City of Waterloo,
Iowa, and rescinding Ordinance No. 4785", be received, placed on file, considered and passed for
the third time and adopted. Roll call vote -Ayes: Five. Nays: Two (Kline and Schmitt). Motion
carried.
David Dryer, 3145 W. 4th Street, explained that he does not support the ordinance and does not
appreciate that Waterloo always seems to make comparisons between what it is doing and what
other cities are doing.
Forrest Dillavou, 1725 Huntington Road, explained that he does not support the ordinance as
Waterloo is one of the highest taxed city in the state and its employees are very well paid.
Kathy Mahoney, 1400 Denver Street, commented that the city is not a profit -driven enterprise and
the purpose of cities is to provide services that provide for the general welfare of all the citizens.
She stated that the city is not supposed to be making a profit and that it needs to pay the mayor an
appropriate rate for the job required. She further stated that not paying council members makes the
position elitist as only people who are retired or who are paid a very good wage can serve.
Mrs. Kline commented that this action will cause taxes to increase. She stated that the biggest
incentive to attract people to Waterloo is to show that the city is competitive and sensible and
currently Waterloo is not doing this. She further commented that she does not support the proposal.
Mr. Schmitt commented that last week he asked for some sort of metric or comparison for where
proposal is coming from. He stated that an appropriate metric would be new businesses coming to
town, taxes decreasing, etc. Having nothing to do with the Mayor, until someone can show him why
this would be something the city should do, he will not support the ordinance.
Mr. Amos commented that he initiated the ordinance and believes that the community has grown and
the tax rate has stayed the same.
Mr. Schmitt commented that he believes the city can learn by finding ways to do things more
efficiently like John Deere has done and does not believe this is the way to do it.
Mrs. Kline commented that the next census would show whether or not the city is growing.
Mr. Morrissey commented on taxes, and noted that discussions should take place about the term of
the mayor and whether or not the city should have a city administrator.
Mrs. Juon commented that she worked in the private sector and noted that an important component
is that a competitive wage attracts talent. She found that the mayor's wage was not comparable and
supports increasing the pay rate.
Mrs. Kline commented that this position is political and holding the office is based on being voted in
by the people. She stated that this is a political decision as well since this decision is coming prior to
the election.
Mr. Jacobs commented that this raise is not of significance and too much time has been spent talking
about this small issue when there are bigger issues out there for the council to debate. He stated that
people move to a city due to opportunity and that is how the base can be grown.
Ordinance adopted and upon approval by Mayor assigned No. 5519.
October 28, 2019 Page 8
OTHER COUNCIL BUSINESS
156980 - Schmitt/Amos
that a denial of an After Hours Business License application filed by Eric Grover for The Culture
Restaurant and Grill, located at 1927 Jefferson Street, be received, placed on file and approved.
Voice vote -Ayes: Seven. Motion carried.
Mr. Amos requested an overview of why the denial is requested.
Dan Trelka, Chief of Police, provided additional information to clarify the request to deny.
156981 - Schmitt/Amos
that Change Order No. 4, for a total increase of $79,216, to Lodge Construction Inc., of Clarksville,
Iowa, in conjunction with the 2018 Remedial Actions Phase IIIB, Contract No. 949, be received,
placed on file and approved. Voice vote -Ayes: Seven. Motion carried.
David Dryer, 3145 W. 4th Street questioned the need for the change orders and if the price change
was included in the project cost.
Randy Bennett, Public Works Division Manager, provided an overview of items 16-19.
156982 - Schmitt/Amos
that Change Order No.1, for a total increase of $32,664.35, to Municipal Pipe and Tool Company,
LLC of Hudson, Iowa, in conjunction with the FY 2019 CIP Pipelining Phase IIIC, Contract No.962,
be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried.
Todd Obadal, 124 Amity Drive, questioned if the change order is for a single project or part of
ongoing emergency calls.
Randy Bennett explained that the change order is not pertaining to an emergency.
156983 - Amos/Feuss
that Change Order No. 5, in the amount of $31,575.10, to Lodge Construction, Inc., of Clarksville,
Iowa, in conjunction with the Waste Water Treatment Plant 2018 Remedial Actions Phase IIIB,
Contract No. 949, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion
carried.
156984 - Amos/Feuss
that Change Order No. 5, for a total increase of $56,439, to WHR Inc., of South Amana, Iowa, in
conjunction with the Waste Water Treatment Plant Satellite Wet Well Rehabilitation Project,
Contract No. 907, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion
carried.
ADJOURNMENT
156985 - Amos/Jacobs
that the Council adjourn at 7:15 p.m. Voice vote -Ayes: Seven. Motion carried.
elley Felchl
City Clerk