HomeMy WebLinkAboutMinutes-01/11/2016January 11, 2016
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, January 11, 2016. Mayor
Quentin Hart in the Chair. Roll Call: Jacobs, Jones, Schmitt, Lind, Morrissey, Welper,
and Amos.
Moment of Silence.
Pledge of Allegiance: Daniel Trelka, Director of Safety Services.
145447 - Welper/Schmitt
that the Agenda, as proposed, for the Regular Session on 'Monday, January 11,
2016, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
145448 - Welper/Schmitt
that the Minutes, as proposed, for the 'Regular Session on Monday, January 4,
2016, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
Mayor Hart read a Proclamation Observing January 18, 2016, as Dr. Martin Luther
King Jr.'s Birthday.
Mayor Hart recognized Endya Johnson as the January 2016 Team Member of the
Month.
CONSENT AGENDA
145449 - Welper/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
January 11, 2016, in the amount of $2,599,038.24, 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. 2016-003.
2. Resolution approving request to certify assessments 'to 808 Hanna
Boulevard, 1512 West 2nd Street, and 353 Fairfield Street for work
performed' by the Water Works, together with recommendation of approval of
Board of Water Works Trustees.
Resolution adopted and upon approval by Mayor assigned No. 2016-004.
3. Resolution approving the request of Anthony Charley for tax exemptions on
the construction a new single family home valued at $222,768 for property
located at 1306 Hummingbird Circle, and located in the City Limits Urban
Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2016-005.
4. Resolution approving the request of Cody Alberts for tax exemptions on the
construction a new single family home valued at $216,223 for property
located at 1407 Hummingbird Circle, and located in the 'City Limits Urban
Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2016-006.
5. Resolution approving the request of Tonetta Pint -Burke for tax exemptions
on the construction a new single family home valued at $335,783 for
property located at 1507 Falcon Ridge, and located in the City Limits
Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2016-007.
6. Resolution approving the request of Cedar Valley 4 Rent LLC for tax
exemptions on the construction a new single family home valued at $259,900
for property located at 1876 Red Tail Drive, and located in the City
Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No 2016-008.
January 11, 2016 Page 2
7. Resolution approving the request of Cedar Valley 4 Rent LLC for tax
exemptions on the.construction a new single family home valued at $264,900
for property located at 1896 Red Tail, and located in the City Limits
Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2016-009.
8. Resolution approving the request of Cedar Valley 4 Rent LLC for tax
exemptions on the construction a new single family home valued at $259,900
for property located at 1886 Red Tail Drive, and located in the City
Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2016-010.
9. Resolution approving the request of Jeremy & Rene Tietz for tax exemptions
on the construction a new single family home valued at $265,500. for
property located at 5915 Summerland Drive, and located in the City Limits
Urban Revitalization Area (CLURA),.
Resolution adopted and upon approval by Mayor assigned No. 2016-011.
10. Resolution approving the request of Rooff Development for tax exemptions
on the construction a new single family home valued at $140,000 for
property located at 1003 Vermont Street, and located in the City Limits
Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2016-012.
11. Resolution approving the request of William Wente for tax exemptions on
the construction a new single family home valued at $380,000 for property
located at 562 MaCallan Lane, and located in '`the City Limits Urban
Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2016-013.
12. Resolution setting date of public hearing as January 25, 2016 to approve a
parking lease agreement with Lederman Bros. Property Management Company,
LLC, to lease 8 City owned parking spaces located adjacent to 403-405
Jefferson Street and for the City, to lease 8 parking spaces owned by
Lederman Bros. Property Management Company, LLC located adjacent to 403-
405 Jefferson Street.
Resolution adopted and upon approval by Mayor assigned No. 2016-014.
13. Resolution approving request of Iowa DOT District 2 'for a variance to the
noise ordinance during the 2016 construction season (4/1/16 - 11/1/16)
from Sunday evening to Friday evening in conjunction with the Iowa DOT
Project NHSN-218-7(231) and NHSN-25-07 to be performed on U.S. 218 from
Mitchell Avenue to north of 18th Street/Williston Avenue.
Resolution adopted and upon approval by Mayor assigned No. 2016-015.
b. Motion to approve the following:
a.
b.
2.
a.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed'
Abraham Funchess,
Jr. Executive
Director; Rebecca
Johnson, Human
Rights Specialist;
Shelly Burch,
Administrative
Secretary
2016"NCRC Annual
Conference
Washington,
D.C.
March 15-
19, 2016
$8,245.00
Pat Treloar, Chief
of Fire Services;
Marty Freshwater,
Battalion Chief
Travel to inspect
and pick up new
fire truck.
Appleton,
Wisconsin
January 13-
14, 2016
$350.00 '
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration Includes
Date Sunday
LJ's Neighborhood
Grill & Bar, 3550
C Liquor
w/Outdoor
Renewal
11/5/2016 X
January 11, 2016
Page 3
Kimball Avenue
Service
3. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration
Date
New or Re -
Appointment
Mary Potter
Water Works Board of
Trustees
12/31/22
Re -Appointment
4. Fireworks Display at Isle of Capri Casino, 777 Isle of Capri Blvd. (in the
field west of the casino) on February 8, 2016 beginning at 9:00 p.m. for the
Chinese New Year.
Roll call vote -Ayes: Seven. Item 1.B.1.A - Ayes: Five." Nays: Two (Lind,
Schmitt). Motion carried.
PUBLIC HEARINGS
145450 - Schmitt/Welper
that proof of publication of notice of public hearing on the demolition of ten
(10) structures including garages: 430 Bayard Street, 223 Sumner Street, 219
Sumner Street, 1808 E. 4th Street, 225 Newell Street, 219 Newell }Street, 433
Rath Street and 2014 Lafayette Street, as published in the.Waterloo Courier on
December 29, 2015, 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 objections and there were none.
145451 - Schmitt/Welper
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
145452 - Schmitt/Welper
.that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with the demolition of ten ('10) structures including
garages: 430 Bayard Street, .223 Sumner Street, 219 Sumner Street, 1808 E. 4th
Street, 225 Newell Street, 219 Newell Street, 433 Rath Street and 2014 Lafayette
Street", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Mr. Morrissey questioned if 219 Sumner Street was going„to be removed due to the
request from the historic preservation committee.
Rudy Jones, Community Development Director, explained that the contractor will
not start the project for 30 to 60 days so the property' will be reviewed prior
to demolition.
Mr. Lind questioned the number of structures.
Rudy Jones, Community Development Director, explained that the number of
structures includes two garages.
Resolution adopted and upon approval by Mayor assigned No. 2016-016.
145453 - Schmitt/Welper
that "Resolution authorizing to proceed in conjunction with the demolition of
ten (10) structures including garages: 430 Bayard' Street, 223 Sumner Street, 219
Sumner Street, 1808 E. 4th Street, 225 Newell Street, 219 Newell Street, 433
Rath Street and 2014 Lafayette Street", be adopted. Roll -call vote -Ayes:
Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No 2016-017.
145454 _ Schmitt/Welper
Motion to receive and file and instruct City Clerk to read bids and refer to
Community Development for review.
Bidder
Bid
Security
Bid Amount
'Lehman Trucking &
Excavating, -Inc.
Waterloo, IA•'
5%
$62,935.00
January 11, 2016 Page 4
Voice vote -Ayes: Seven. Motion carried.
Mayor Hart asked foran explanation of this project.
Rudy Jones, Community Development Director, explained that these properties are
blighted and have been obtained through the 657a process. The demolition of
'these structures will allow for future development and growth in our community.
145455 - Welper/Morrissey
that proof of publication of notice`of public hearing on the removal of asbestos
from four (4) structures: 219 Newel Street, 223 Sumner Street, 433 Rath Street
and 2014 Lafayette Street, as published in the Waterloo Courier on December 29,
2015, 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 objections and there were none.
145456 - Welper/Morrissey
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
145457 - Welper/Morrissey
that "Resolution confirming approval of specifications, bid documents, form of
contract, etc., conjunction with the removal of asbestos from four (4)
structures: 219 Newel Street, 223 Sumner, Street, 433 Rath Street and 2014
Lafayette Street", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-018.
145458 - Welper/Morrissey
that "Resolution authorizing to proceed in conjunction with the removal of
asbestos from four (4) structures: 219 Newel Street, 223 Sumner Street, 433 Rath
Street and 2014 Lafayette Street", be adopted. Roll -call vote -Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-019.
145459 - Welper/Morrissey
Motion to receive and file and instruct City Clerk to read bids and refer to
Community Development for review. ,
Bidder
Bid
Security
Bid Amount
Advanced Environmental
Waterloo, IA
5%
$14,600.00
Voice vote -Ayes: Seven. Motion carried.
Mr. Morrissey asked if this is the same company that did the work at the Wonder
Bread building.
Noel Anderson, Community Planning and Development Director, stated that Advanced
Environmental did"not do the estimate on that building but were the ones who did
the removal of the asbestos at that location.
145460 - Morrissey/Amos
that proof of publication of notice of public hearing on the request by Noe
Sibrian to rezone 0.32 acres from "C-2" Commercial District to "C -2,C -Z"
Conditional Zoning District for ,the purposes of establishing an auto repair
business, located at 2006 Dubuque Road, as published in the Waterloo Courier on
December 29, 2015, 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 objections.
Brandon Gray, Attorney for the applicants, explained that the applicants are
first generation immigrants who have been here for 13 years. This is a success
story as the business has grown and they are in agreeance with the requirements
set forth by the .Planning & Zoning Commission.
Mr. Schmitt questioned if the building was formerly used as an auto repair
business.
January 11, 2016 Page 5
4
Mr. Gray confirmed that the business formerly at this location was an auto
repair business that also attempted to act as a dealership.
Mr. Lind asked if it would be agreeable wifh the applicants if 'council voted not
to suspend 'the rules one time in order to give other citizens the opportunity to
speak for or against this variance.
Mr. Gray stated that the applicants would accept what council deems necessary
adding that there.is some financial related urgency to; this move.
Mr. Morrissey asked for affirmation that the suspension of the rules on this
item would be in the best'financial interest of these business owners.
Mr. •Gray stated that every week delayed is an increase in the applicants'
financial burden and' it is a substantial difference in cost to run one business
as opposed to running two.
Mayor Hart expressed a desire to allow time for any concerns to be expressed
prior to approving a variance such as this.
Mr. Morrissey stated that there "is a certain level of importance to move forward
with this as expediently as possible so as not to cause financial stress on
these business owners.
Mr. Welper asked how long it has been since a business has operated at this
location.
Mr. Gray stated that he was uncertain of the exact timing but believed it to
have been,years since the last' business existed at this location.
Mr. Jones clarified that this amendment only serves to _restrict the zoning of
this property allowing the new business owners to only operate as an auto repair
shop and not an auto dealership. He went on to state his belief that this is a
move in the"right direction.
145461 - Morrissey/Welper
that the hearing be closed and oral and written comments be received and placed
on file along with recommendation of, approval of the Planning, Programming and
Zoning Commission. Voice vote -Ayes: Seven. Motion carried.
145462 Morrissey/Welper
that "an Ordinance amending the 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 property in conjunction with the request by
-Noe Sibrian to rezone 0.32 acres from "C-2" Commercial District to "C -2,C -Z"
Conditional Zoning District for the purposes of establishing an auto repair
business, located at 2006 Dubuque Road", be received, placed on file, considered
and passed for the first time. Roll call vote -Ayes: Seven. Motion carried.
Mr. Jones reiterated his belief that this is a move in the right direction and
council should move forward with it.
145463 - Morrissey/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Five. Nays: Two (Schmitt,
Lind). Motion failed.
145464 - Schmitt/Welper
that proof of publication"of notice of public hearing on the request by Benjamin
and Lindsey Evans for a Site Plan Amendment to the "R-3, R -P" Planned Multiple
Residence District for the purpose of changing the designated us of Lot C-1
through C-3 and C-5 through C-6 of Southland Park Third Addition from commercial,
to residential to allow for the construction of single family homes and/or
duplexes, located east of '2950 Southland Drive, as published in the Waterloo
Courier on December 29, 2015, be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
This being the time and place of public hearing, the Mdyor called for written
and oral objections.
Craig Fairbanks, Fairbanks Builders, stated that he is representing the
applicants, who are moving forward with building nice homes on this once vacant
property.
145465 - Schmitt/Welper
January 11, 2016 Page 6
that the hearing be closed and oral and written comments be received and placed
on file along with recommendation of approval of the Planning, Programming and
Zoning Commission. Voice vote -Ayes: Seven. Motion carried.
145466 - Schmitt/Welper
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 Site Plan Amendment on Certain Property", be received, placed
on -file, considered and passed for the first time. Roll call vote -Ayes: Seven.
Motion carried.
Mr. Jones asked if timeliness was an issue on this item.
Mr. Fairbanks ekplained that timeliness is an issue due to how long the process
has taken thus far and the hardship it has caused the customers waiting to move
forward with the building of their homes.
Noel Anderson, Community Planning and Development Director, explainedkthat some
of the neighbors had concern with the drainage.
Mr. Schmitt asked for clarification ,that this would be an improvement at this
location.
Craig Fairbanks stated that it would definitely be an improvement.
145467 - Schmitt/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
145468 - Schmitt/Welper
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 'Site Plan Amendment on Certain Property", be considered and
passed for=the second and third times and adopted. Roll call vote -Ayes: Seven.
Ordinance adopted and°upon approval by Mayor assigned No. 5327.
145469 - Lind/Schmitt
that proof of publication of notice of public hearing on the Riverfront Stadium
Video Display System, as published in the Waterloo Courier on December 28, 2015,
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 objections and there were none.
145470 - Lind/Schmitt
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
145471 - Lind/Schmitt
that "Resolution confirming approval of specifications, bid documents, form of
contract, etc. in conjunction with the Riverfront Stadium Video Display System",
be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-020.
145472 - Lind/Schmitt,
that "Resolution authorizing to proceed in conjunction with the Riverfront
Stadium Video Display'System", be adopted. Roll -call vote -Ayes: Seven. Motion
carried.
Resolution adopted and.upon approval by Mayor assigned No. 2016-021.
145473 - Lind/Schmitt
Motion to receive and file and instruct City Clerk to read bids and refer to
Leisure Services for review.
Bidder
Bid Security
Bid Amount
January 11, 2016 Page 7
Daktronicso
Brookings, SD
Bid Security
5O
Base:
Opt A:
Opt B:
Opt C:
$269,970.00
$ 22,490.00
$ 1,850.00
$ 5,685.00
No bid included
Provided literature
Thompson Truck and
Trailer
Waterloo, IA
N/A
Base:
$264,900.00
Iowa Direct
Equipment
Truck Country of Cedar
Rapids
Cedar Rapids, IA
N/A
$261,904.00
(Truck Country
w/Henderson)
& Appraisal
5%
Opt A:
$ 6,200.00
Cedar Falls,
IA
Opt B:
Opt C:
-1-0--
$ 5,700.00
Base:
$299,895.00
Nagle Signs,
Inc.o
Opt A:
$ . 9,600.00
Waterloo, IA`•
5O
Opt B:
$ 4,100.00
Opt C:
$ 14,000.00
Voice vote -Ayes: Seven. Motion carried.
Mayor Hart recognized Willie Mae Wright, former Councilmember, who was in
attendance tonight.
145474 - Amos/Schmitt
that proof of publication of'notice of public hearing on, the purchase of two (2)
2016 Single Axle Snow Control Trucks, as published in the Waterloo Courier on
December 28, 2015, 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 objections and there were none.
145475 - Amos/Schmitt
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
145476 - Amos/Schmitt
that "Resolution confirming approval of specifications, bid documents, form of
contract., etc. in conjunction with the purchase of two (2) 2016 Single Axle Snow
Control Trucks", be adopted. Roll=call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by' Mayor assigned No. 2016-022.
145477 - Amos/Schmitt
that "Resolution authorizing to proceed in conjunction with"the purchase of two
(2) 2016 Single Axle Snow Control Trucks", be adopted. Roll -call vote -Ayes:'
Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No'. 2016-023.
145478 - Amos/Schmitt
Motion to receive and file and instruct City Clerk to read bids and refer to
Public Works Director for review.
Bidder
Bid Security
Bid Amount
TriState Truck
Equipment.
Dubuque, IA
N/A
No bid included
Provided literature
Thompson Truck and
Trailer
Waterloo, IA
N/A
$276,008.00
'
Truck Country of Cedar
Rapids
Cedar Rapids, IA
N/A
$259,818.00
(Truck Country
w/TriState)
Truck Country of Cedar
Rapids
Cedar Rapids, IA
N/A
$261,904.00
(Truck Country
w/Henderson)
January 11, 2016 Page 8
Harrison Truck Centers
Elk Run Heights, IA
N/A
$271,470.00
Voice vote -Ayes: Seven. Motion carried.
145479 - Amos/Schmitt
that "Resolution awarding contract to Truck Country of Cedar Rapids in the
amount of $261,904.00 for the purchase of two (2) 2016 Single Axle Snow Control
Trucks", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Mark Rice, Public Works Director, explained that the low bidder did not meet the
specifications. 4
Resolution adopted and upon approval by Mayor assigned No. 2016-024.
145480 --Lind/Schmitt
that proof of publication of notice of public hearing on the Purchase of
Replacement Salt Spreaders for the Street Department, as published in the
Waterloo Courier on December.28, 2015, 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 objections and there were none.
145481 - Lind/Schmitt
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
145482 - Lind/Schmitt
,that "Resolution confirming approval of specifications, bid documents, form of
contract, etc. in conjunction with the Purchase of Replacement Salt Spreaders
for the Street Department", be adopted. Roll -call vote -Ayes: Seven. Motion
carried.
Mr. Welper questioned if this purchase is to replace the spreaders that fell
apart last year.
Mark Rice, Public Works Director, explained that it was to replace those two 10 -
foot spreaders and for'the purchase of two 13 -foot spreaders to allow for more
coverage in residential areas.
Resolution adopted and upon approval by Mayor assigned No. 2016-025.
145483 - Lind/Schmitt
that "Resolution authorizing to proceed in conjunction with the Purchase of
Replacement Salt Spreaders for the Street Department", be adopted. Roll -call
vote -Ayes: Seven. Motion carried.
Mr. Hart asked for clarification on the bid process and the timing of it.
Suzy Schares, City Clerk, explained the bidding process.
Resolution adopted and upon approval by Mayor assigned No. 2016-026.
145484 - Lind/Schmitt
Motion to receive and file and instruct City Clerk to read bids and refer to
Public .Works Director for review.
Bidder
Bid Security
Bid Amount
Tri-State Truck
10'
$26,912.00
Equipment
N/A
13'
$33,556.00
Dubuque, IA
,
(HiWay)
Tri-State Truck
10'
$27,196.00
Equipment
N/A
13'
$31,840.00
Dubuque, IA
(Swenson's)
January 11, 2016
Henderson Truck
10'
$27,590.00
Equipment
N/A
Manchester,
IA
13'
$32,862.00
Voice vote -Ayes: Seven. Motion carried.
145485 - Schmitt/Lind
Page 9
that proof of publication of notice of public hearing on a Development Agreement
with' Iowa Heartland Habitat for Humanity for the construction of 14 single-
family homes on the former Irving Elementary School site at the corner of
Hawthorne Avenue and West 6th Street and authorize, the sale and conveyance of
said City -owned property in the amount of $1.00, as published in the Waterloo
Courier on December 29, 2015, '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 objections and there were none.
145486 - Schmitt/Morrissey
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
145487 - Schmitt/Morrissey
that="Resolution approving a Development Agreement with Iowa Heartland Habitat
for Humanity .to authorize the sale and conveyance of a portion of City owned
property for $1.'00 commonly known as the former Irving School building site, at
the corner of Hawthorne Avenue and West 6th Street, for the construction of 14
single-family homes", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Mr. Jones spoke in support of the project and noted that it will help build
community.
Mr. Lind asked if the city has any money invested in this property.
Noel Anderson, Community Planning and Development Director, explained that the
city worked with the School district to acquire this property through conveyance
for the purpose of development.
Mr. Amos questioned the valuation of the homes being built on this property.
.Ally Perish. Exebutive Director Iowa Heartland Habitat for Humanity, explained
that the homes are valuated at $115,000 to $130,000.
Resolution adopted and upon approval by -Mayor assigned No. 2016-027.
RESOLUTIONS
.145488 - Welper/Morrissey
that "Resolution approving the application for a Convention and Visitors Bureau
Mini Grant in the amount of $5,000 for additional funding for a new video
scoreboard .at Riverfront Baseball Stadium", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2016-028.
145489 - Welper/Morrissey
that. "Resolution approving Supplemental Agreement No. 1 to the Professional
Services Agreement with Recreation Engineering & Planning, of Boulder, Colorado,
in the amount of $245,865.00, paid for with WDC Gaming Funds, for preliminary
engineering and design in conjunction with the construction of a whitewater
course on the Cedar River in downtown Waterloo", be adopted. Roll call vote -
Ayes: Five. Nays: One (Lind) Abstain Schmitt
Resolution adopted and upon approval by, Mayor assigned No. 2016-029.
145490 - Morrissey/Welper
that "Resolution Adopting Executive Session Conduct Policy for City of Waterloo
City Council", be adopted.
145491 - Morrissey/Jones
January 11, 2016 Page 10
to delete the portion that is sub -paragraph B regarding the expulsion of council
members from further closed executive sessions. Ayes: Seven.
Mr. Welper asked what the consequences would be if this portion would be
removed.
Mr. Morrissey stated that the consequences would be censure with options of
further consequences based on severity of violation.
Mr. Morrissey explained the policy and the need for it. He then proceeded to
read said policy.
1`45492 - Lind/Schmitt
to table indefinitely. Ayes: Three. Nays: Four (Morrissey, Jones, Amos, Welper).
Motion failed.
Mayor Hart asked for explanation of request for tabling.
Mr. Lind stated that he was unaware of how this item came to be placed on the
agenda in the first place and that he wasn't aware of any problem that called
for a policy like this to be put into 'place.
Mr. Morrissey stated that, the desire to put into practice this policy has not
come as a result of any specific problem but is simply a common sense measure
that had been considered by_the former city council. It is not a new idea and
has been considered in the past.
Mr. Jones noted that it adds clarity as td what is expected of'eouncil.
Mr. Jacobs stated that this policy brings into question the integrity of those
officials elected by voters and would discourage them from attending executive
sessions and, therefore, reduces transparency.
Mr. Morrissey' expressed his strenuous disagreement with Mr. Jacobs. He went on
to state that the policy does not affect transparency, but, clarifies what a
closed session is to be and strengthens what is expected of elected officials.
Mayor Hart clarified the process of adjourning to and holding a legal executive
session.
Mr. Amos stated that his orientation included a book outlining his
responsibilities as a councilman and the laws in place governing those
responsibilities. He then went.on the express his agreement with putting a code
of conduct policy in place.
Mr. Schmitt expressed his belief that no one currently on council has a problem
with keeping in confidence what takes place in an executive session and any
inference that. they do is offensive. He went on 'to state that he doesn't
understand the purpose or benefit of putting this policy in place.
Mr. Jacobs expressed his belief that this policy is above the l'aw and not well
thought out.
Mr. Jones stated his agreement with Mr. Jacobs and, because of this, has
suggested the amendment to the policy..
Mayor Hart stated that as Mayor, he would be actively involved in insuring that
council feels comfortable in coming to him and requesting any needs they might
have in order to keep confidentiality when necessary and make the best decisions
for the city of.Waterloo.
Mr. Morrissey called for the question.
Mr. Jacobs stated his belief that council understands what confidentiality is
and how to keep it.
Randy Herod, 111. Highland Blvd., spoke in opposition to the policy.
..David Dryer, 3145 W. 4th Street, read a statement opposing the policy.
Duane Filers, 1205 Bishop Street, spoke in opposition of the policy.
Latonya Graves, 607 E. Donald Street, spoke in support of council and their
ability to keep in confidence those things that are expected to be kept that
way.
Bill Kammeyer, 526 Home Park Blvd, spoke in opposition of the policy.
January 11, 2016 Page 11
Mayor Hart stated that everyone should refrain from questioning the personal
character of another during council proceedings. He went on to say that he would
put a stop to any" attacks on the character ,of a council member and individual
citizen alike.
John`Sherban, 1715 Robin Road, spoke in opposition df the policy.
Forest Dillavou, 1725 Huntington Road, requested that council table this item
indefinitely.
Mr. Morrissey stated that setting this policy is a common sense way to set the
rule in place and allow council to move on from here.
Mr. Welper asked.Mr. Morrissey to withdraw the policy with the idea that it will
be brought back after better review.
Mr. Schmitt stated that the executive sessions have worked well for many years
in the absence of a policy like this and he does not see the need for one.
rek
Mr..Jones expressed his appreciation to citizens and council for their input as
they have provided much information allowing him to affirm his agreement with
Mr. Welper in that this item should be withdrawn or tabled.
145493 - Morrissey/Amos
To table the executive session policy until the 2nd meeting in May. Roll Call
Vote -Ayes: Seven. Motion carried.
145494 - Morrissey/Welper
that "Resolution approving Amendment to Development Agreement between Bread to
Beer, J.,LC and" City of Waterloo for the redevelopment of 3.01-325 Commercial
Street (former Wonder Bread Bakery), adopted September 8, 2015, to remove,
asbestos from the roof for an estimated total cost of $3,000", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2016-030.
145495 - Morrissey/Welper
that "Resolution approving Professional Services Agreement with Robinson
Engineering Co.,. of Independence, Iowa, in an amount not to exceed $21,770.00
for engineering design and construction related services for the Environmentally
Beneficial Alley Permeable Paver Project", be adopted. Roll call vote -Ayes:
Seven..
Mr. Lind clarified that this is the Iowa DNR project.
Resolution adopted and upon approval by Mayor assigned No. 2016-031.
145496 - Lind/Amos
that "Resolution approving Third Amended and Restated Development Agreement with
Cedar Valley TechWorks, Inc. and FDP WTC, LLC, authorizing Mayor to accept
additional non -substantive changes to the document upon the advice of counsel
and staff and authorizing Mayor and City Clerk to execute said document", be
adopted. Roll call vote -Ayes: Seven.
David Dryer, 3145 W. 4th Street, asked for clarification on the third amendment.
Michelle Weidner, Chief Financial Officer, explained that the third amendment
includes changes allowing the developer to provide guarantees himself and offers
grant monies which will eventually be repaid through property taxes.
Resolution adopted and upon approval by Mayor assigned No. 2016-032.
145497 - Lind/Schmitt
that "Resolution approving Preconstruction Agreement with Iowa Department of
Transportation for `primary .road improvements in conjunction with Highway 218
Resurfacing Project from Mitchell Avenue to north of 18th Street/Williston
Avenue; and authorize Mayor and City Clerk to execute said document", be
adopted. Roll call vote -Ayes': Seven.
Resolution adopted and upon approval by Mayor assigned No. 2016-033.
145498 - Lind/Schmitt
January 11, 2016 Page 12
that "Resolution approving application for R.I.S.E. funding for Immediate
Opportunity in conjunction with the Titan Trail extension project, estimated at
$598,582, and approve the Memorandum of Understanding with INRCOG for the
writing, preparation, and submittal of said grant; and authorize. the Mayor and
City Clerk to execute any necessary documents", be adopted. Roll call vote -
Ayes: Seven.
M. Lind asked that TIF funds be used.
Noel And'e`rson, Community Planning and Development Director, explained that the
developer is being asked to provide the match.
Resolution adopted and upon approval by Mayor assigned No. 2016-034.
145499 - Lind/Schmitt
that "Resolution approving the grant application to 'the Kresge Foundation for
Neighborhood Revitalization in •the amount of $75,000 for revitalization in the
downtown area", -be adopted. Roll call vote -Ayes: Seven.
Rudy Jones, Community Development Director, gave an overview of this grant
application.
Mayor Hart stated that there is an opportunity to help our community through
special projects for various ethnic groups that could benefit from this grant.
Resolution adopted and upon approval by Mayor assigned No. 2016-035.
ORDINANCES
145500 - Morrissey/Welper
that "an Ordinance amending the 2008 Traffic Code by, amending Section 543 Thru
Streets by, adding Subsection 134(a) Pinnacle Place - West Fourth Street to
Turnberry Drive", be received, placed on file, considered and passed for the
first time. Roll call vote -Ayes: Seven. Motion carried.
145501 Morrissey/Welper
that rules requiring ordinances to be considered and voted for passage at two
;prior meetings be suspended. Roll call vote -Ayes: Six. Nays: one (Jones).
Motion carried.
145502 - Morrissey/Welper
that "an Ordinance amending the 2008 Traffic Code by amending Section 543 Thru
Streets by adding Subsection 134(a) Pinnacle' Place - West Fourth Street to
Turnberry Drive", be considered and passed for the second and third times and
adopted. Roll call vote -Ayes: Seven..
Ordinance adopted and upon approval by Mayor assigned No. 5328.
ORAL PRESENTATIONS
Duane Eilers, 1205 Bishop Street, congratulated Council for the good job they
did and spoke of the concerns he had with the prior Mayor.
Bruce Kaiser, 500 Sycamore Street, 'invited individuals with barriers to contact
him for assistance.
Randy Herod, 111 Highland, thanked Bill Kammeyer for the idea of getting hats
that say "Make Waterloo Great Again."
Forest Dillavou, 1725 Huntington Road, expressed concern with the traffic lights
at Ansborough and Downing. He noted that it is backing up traffic and blocking
the ambulance exit.
145503 - Welper/Morrissey
•
that' the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
145504 - Welper/Morrissey
that the Council adjourn at 7:22 p.m. Voice vote -Ayes: Seven. Motion carried.
January 11, 2016 Page 13
zy Sc ares, 'CMC
City Cl rk/Human Resource Director