HomeMy WebLinkAboutMinutes-11/12/2019November 12, 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 Tuesday, November 12, 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: Bruce Jacobs, Ward 2 Council Member
157031 - Juon/Schmitt
that the Agenda, as proposed, for the Regular Session on Tuesday, November 12, 12019, at 5:30
p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
157032 - Juon/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, November 4, 2019, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
Jim Chapman, 224 Bertch, commented that he heard someone say during the council meeting that
taxes are going to go up and believes that it is a shame that that would be said.
David Dryer, 3145 W. 4th Street, commented that the ban the box ordinance would create lawsuits
for business owners. He commented that the city is going into closed session tonight to purchase
property and stated that he does not want the city to purchase additional property.
Forrest Dillavou, 1725 Huntington Road, commented that he read in the paper that CBD oil is
actually illegal and stated that he believes the city is looking the other way, as there are CBD
advertisements in the city right of way. He commented that roadside memorials are in the right of
way as well.
Mr. Morrissey commented that the Black Hawk County Supervisors are discussing the underfunding
of mental health services and commented that he hopes the city could pass a similar resolution
asking the legislature to put more funding toward mental health, just as the county is doing.
Mrs. Juon responded to comments made on the ban the box ordinance by Mr. Dryer. She further
stated that a committee is being assembled to prepare education materials for business owners.
Mr. Amos commented that he judged a chili contest for the Salvation Army and encouraged the
public to give to the Salvation Army.
157033 - Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
157034 - 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 November 12,
2019, in the amount of $3,378,204.30, 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. 2019-845.
2. Resolution setting date of public hearing as November 25, 2019 to approve request by
Midwest Development to rezone approximately 3.7 acres from "R-1" One and Two Family
November 12, 2019
1.
2.
Page 2
Residence District to "R-1, R -P" Planned Residence District to allow for a new housing
development located northwest of 3520 Ansborough Avenue, along an extension of
Lincolnshire Road, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-846.
3. Resolution approving cancellation of assessment for properties located at 806 Hawthorne
Avenue in the amount of $109.49 and 1212 Vine Street in the amount of $113.78, and
authorize City Clerk to notify Black Hawk County Treasurer of said cancellation.
Resolution adopted and upon approval by Mayor assigned No. 2019-847.
b. Motion to approve the following:
a.
b.
c.
d.
a.
b.
c.
d.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Pat Treloar, Fire
Chief and Dave
Jensson, Lieutenant
Salamander "Intelligent
Accountability"
Solutions Training
Sioux City,
IA
November 12-
13, 2019
$430
Tom Klein, Golf
Superintendent
Iowa Turfgrass
Conference and
Tradeshow
Altoona, IA
January 7-9,
2020
$205
Bob Ball, Chief
Building Inspector
Wisconsin Commercial
Building Code Refresher
Madison,
WI
February 23-26,
2020
$1,295
Mayor Quentin Hart
National League of
Cities, City Summit
San
Antonio, TX
November 20-
23, 2019
$1,280
Approved Beer, Liquor, and Wine Applications
Name & Address of Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Club Ambassador, 313 W.
5th Street
C Liquor
w/Outdoor Service
Renewal
12/15/2020
x
Kings and Queens Club, 304
W. 4th Street
C Liquor
w/Outdoor Service
Renewal
11/15/2020
x
Neighborhood Mart, 2102
Lafayette Street
B Wine / C Beer / E
Liquor
Renewal
11/14/2020
x
The Saloon, 303 W. 4th St.
C Liquor
w/Outdoor Service
Renewal
11/14/2020
x
3. Bonds.
Roll call vote -Ayes: Six. Nays: One (Schmitt on item 1.B.1.D). Motion carried.
PUBLIC HEARINGS
157035 - Schmitt/Amos
that proof of publication of notice of public hearing on a 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, as published in the Waterloo Courier on November 1,
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.
157036 - Schmitt/Amos
that the hearing be closed and recommendation of approval of the Planning, Programming and
Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
November 12, 2019
157037 - Schmitt/Amos
Page 3
that "an ordinance approving a 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 over the vacate area", be received, placed
on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried.
157038 - Schmitt/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Seven. Motion carried.
Mr. Morrissey commented that the neighborhood is wanting to see this move forward.
Noel Anderson commented that the neighborhood is wanting the city to move forward with the RFP
process.
157039 - Schmitt/Amos
that "an ordinance approving a 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 over the vacate area", 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. 5523.
157040 - Morrissey/Feuss
that proof of publication of notice of public hearing on Dry Run Creek Interceptor, Contract No.
877, as published in the Waterloo Courier on November 1, 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.
157041 - Morrissey/Feuss
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
157042 - 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. 2019-848.
157043 - 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. 2019-849.
157044 - Morrissey/Feuss
Motion to receive and file and instruct City Clerk to read bids and refer to Treatment Operations
Supervisor for review.
Estimate:
Bidder
T.,._..,...,„
Bid Security
Bid Amount
Dave Schmitt Construction
Co., Inc. Cedar Rapids, IA
5%
$6,102,875.10
November 12, 2019
S.M. Hentges & Sons, Inc.
5%
$6,125,192.00
Jordan, MN
5%
$233,600
Boomerang Corp.
5%
$4,267,662.00
Anamosa, IA
5%
$212,350
Peterson Contractors
5%
$6,359,202.00
Reinbeck, IA
Voice vote -Ayes: Seven. Motion carried.
157045 - Amos/Feuss
Page 4
that proof of publication of notice of public hearing on Five Sullivan Brothers Convention Center
Kitchen Plumbing Improvements, as published in the Waterloo Courier on November 1, 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.
Forrest Dillavou, 1725 Huntington Road, questioned if this would bring the FOG drain up to specs.
Mayor Hart confirmed.
157046 - Amos/Feuss
that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
157047 - Amos/Morrissey
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. 2019-850.
157048 - Amos/Morrissey
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-851.
157049 - Amos/Morrissey
Motion to receive and file and instruct City Clerk to read bids and refer to Building Department for
review.
Estimate: $600,000
Bidder
Bid Security
Bid Amount
Cardinal Construction
Waterloo, IA
5%
$233,600
Woodruff Construction,
LLC Waterloo, IA
5%
$225,750
Henkel Construction
Company Mason City, IA
5%
$212,350
Voice vote -Ayes: Seven. Motion carried.
157050 - Schmitt/Amos
that proof of publication of notice of public hearing on Snow removal contract for 657A properties,
as published in the Waterloo Courier on November 1, 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.
November 12, 2019 Page 5
John Sherbon, 1715 Robin Road, questioned how
Noel Anderson, Community Planning and
approximately 215 properties.
157051 - Schmitt/Amos
many 657A Properties would need snow removed.
Development Director, commented there are
that the hearing be closed and oral comments be received and placed on file.
Seven. Motion carried.
157052 - Schmitt/Amos
Voice vote -Ayes:
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Mr. Morrissey commented that the mow -to -own program may be of interest to individuals with
abutting properties to those 657A lots that do not have a structure, and encouraged them to talk with
Noel Anderson.
Resolution adopted and upon approval by Mayor assigned No. 2019-852.
157053 - 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. 2019-853.
157054 - Schmitt/Amos
Motion to receive and file and instruct City Clerk to read bids.
Bidder
Bid Security
Bid Amount
Polo Green Landscaping &
Lawncare Hubbard, IA
No Bid Security
$25.00 per lot/occurrence
B&B Lawn Care, Inc.
Waterloo IA
5%
$13.45 per lot/occurrence
Voice vote -Ayes: Seven. Motion carried.
157055 - Schmitt/Amos
that "Resolution approving award of bid to B & B Lawn Care, Inc. of Waterloo, Iowa in the amount
of $13.45 per lot/occurrence, approving the contract, bond, and certificate of insurance, in
conjunction with the snow removal of city owned lots generally acquired through Iowa Code 657A,
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. 2019-854.
RESOLUTIONS
157056 - Kline/Amos
that "Resolution approving the Main Street Iowa Program Agreement, Agreement # PS20-G300-
MSI-49 between the Iowa Economic Development Authority, the City of Waterloo and Cedar
Skyline Corporation / DBA Main Street Waterloo for the purpose of continuing the Main Street
Program in Waterloo for a period of 24 months ending December 31, 2021, and Resolution of
Support of the Main Street Waterloo Program, commitment to provide funding to the Main Street
Waterloo Program with funding sources to include Downtown TIF and bond funds and/or SSMID
proceeds, and commitment to appoint a city official to represent the City on the Local Main Street
governing board of directors, and that the City and Local Main Street Program will continue to
November 12, 2019 Page 6
follow the Main Street Approach as developed by the Main Street America and espoused by Main
Street Iowa", be adopted. Roll call vote -Ayes: Seven. Motion carried.
David Dryer, 3145 W. 4th Street, questioned if the contract is generally for 24 months.
Jessica Rucker, Main Street Waterloo, commented that the contract needs to be for 24 months.
Mr. Morrissey questioned that, if in order for Main Street Waterloo to be striving and thriving, what
does the organization need from a staffing and funding standpoint. He commented that he believes
the organization is underfunded. He questioned where, Main Street is with accreditation and if the
organization is meeting accreditation standards.
Jessica Rucker commented that the organization is accredited and is on track to maintain
accreditation.
Mrs. Juon commented that she also believes the organization is underfunded.
Mayor Hart commended Jessica Rucker on an outstanding year with 49 new businesses in the past
couple of years.
Mr. Schmitt questioned if Waterloo is the largest community in the state with an accredited Main
Street.
Jessica Rucker confirmed and commented that Waterloo is also the largest per square mileage, with
9.5 square miles in our downtown community.
Mayor Hart questioned the average size of a main street community.
Jessica Rucker explained that a typical Main Street community is approximately 9.5 blocks.
Resolution adopted and upon approval by Mayor assigned No. 2019-855.
157057 - Kline/Amos
that "Resolution approving award of contract to Henkel Construction Company of Mason City,
Iowa, in the amount of $53,000, and approving the contract, bonds and certificate of insurance, in
conjunction with the Waterloo Five Sullivan Brother Convention Center Lintel Replacement
project, 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. 2019-856.
157058 - Kline/Amos
that "Resolution approving a Request for Joint Payment of Property Tax Rebates with Cedar Valley
Real Estate, LLC, and Great Western Bank, for the rebates for the Development Agreement for 300-
304 Commercial Street, and authorizing the Mayor and City Clerk to execute said document", be
adopted. Roll call vote -Ayes: Six. Abstain: One (Jacobs due to business reasons). Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-857.
157059 - Juon/Feuss
that "Resolution authorizing an exception to the City of Waterloo's Purchasing Procedures Policy to
approve the purchase of one (1) 2020 Wausau SnoGO MP 2 -Stage Snow Blower from MacQueen
Equipment of Ankeny, Iowa, in the amount of $211,503", be adopted. Roll call vote -Ayes: Seven.
Motion carried.
Mr. Morrissey requested an overview of the item.
Randy Bennett, Public Works Division Manager, provided an overview of the item and noted that
the purchase came from the Minnesota state bid.
November 12, 2019
Resolution adopted and upon approval by Mayor assigned No. 2019-858.
157060 - Juon/Feuss
Page 7
that "Resolution approving an Intergovernmental Transfer of Public Funds Agreement with the Iowa
Department of Human Services, and authorizing the Mayor to execute said documents", be adopted.
Roll call vote -Ayes: Seven. Motion carried.
David Dryer, 3145 W. 4th Street, requested an overview of the item.
Pat Treloar, Fire Chief, provided an overview of the item.
Resolution adopted and upon approval by Mayor assigned No. 2019-859.
157061 - Juon/Feuss
that "Resolution approving completion of project and recommendation of acceptance of work for
work performed by Shaw Electric, of Waterloo, Iowa, in the amount of $11,128.56, in conjunction
with the Phase 1 Airline Passenger Terminal Building - Lighting Replacement Project, and Door
Installation Project at the Waterloo Regional Airport, and authorizing the Airport Director to execute
said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-860.
ORDINANCES
157062 - Feuss/Morrissey
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, to rezone 7.4 acres west of 420
Harwood Avenue from "R-2" One and Two Family Residence District to "R-1, R -P" Planned
Residence District and "C -P" Planned Commercial. District and rescinding Ordinance No. 5046", be
received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven.
Motion carried.
157063 - Feuss/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.
157064 - Feuss/Morrissey
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, to rezone 7.4 acres west of 420
Harwood Avenue from "R-2" One and Two Family Residence District to "R-1, R -P" Planned
Residence District and "C -P" Planned Commercial District and rescinding Ordinance No. 5046", be
considered and passed for the third time and adopted. Roll call vote -Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5524.
157065 - Morrissey/Amos
that "an ordinance approving a request by the City of Waterloo to vacate approximately 1,113 square
feet of alley located east of Evergreen Avenue between Harwood Avenue and Falls Avenue at the
former Edison School site", be received, placed on file, considered and passed for the second time.
Roll call vote -Ayes: Seven. Motion carried.
157066 - Morrissey/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Seven. Motion carried.
157067 - Morrissey/Amos
November 12, 2019 Page 8
that "an ordinance approving a request by the City of Waterloo to vacate approximately 1,113 square
feet of alley located east of Evergreen Avenue between Harwood Avenue and Falls Avenue at the
foiuier Edison School site", be considered and passed for the third time and adopted. Roll call vote -
Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5525.
157068 - 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 third time and adopted. Roll call vote -Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5526.
OTHER COUNCIL BUSINESS
157069 - Morrissey/Feuss
that Change Order No. 6, for a net decrease of $54,673.39, 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.
157070 - Juon/Schmitt
that the council adjourn to Executive Session at 6:15 p.m. Roll call vote -Ayes: Seven. Motion
carried.
City Attorney Martin Petersen stated that discussion of purchase of real estate is an approved topic
of Executive Session pursuant to Iowa Code Section 21.5(1)(j).
EXECUTIVE SESSION
157071 - Morrissey/Jacobs
that the council adjourn Executive Session at 6:27 p.m. Voice vote -Ayes: Seven. Motion carried.
ADJOURNMENT
157072 - Morrissey/Jacobs
that the Council adjourn at 6:27 p.m. Voice vote -Ayes: Seven. Motion carried.
Kelley Fe hle
City Cler