HomeMy WebLinkAboutMinutes-11/16/2015November 16, 2015
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, November, 2015. Mayor Ernest
G. Clark in the Chair. Roll Call: Jones, Schmitt, Lind, Morrissey, Welper, and Hart.
Absent: Cole.
Moment of Silence.
Pledge of Allegiance: Cub and Boy Scout Troop #548
145277 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, November 16,
2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion
carried.
145278 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, November 9,
2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion
carried.
CONSENT AGENDA
145279 - Hart/Welper
that thefollowing 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, date&
November 16, 2015, in the amount of $2,496,695.65, 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 app'roval by Mayor assigned No. 2015-882.
b. Motion to approve the following:
1.
a.
b.
c.
d.
e.
2.
a.
Travel Requests
Name &,Title of
Personnel
Class/Meeting
'Destination
Date(s)
Amount not
to Exceed
Lt. Campbell
Legal Latitude,
Ethics and
Integrity
St. Paul, MN
December 7-
9, 2015
$1,023.00
Michelle Weidner,
Chief Financial
Officer
20th Annual
Governmental GAAP
Update
Webinar (in
office)
December 3,
2015
$180.00
Steve Hostetler,
Permit Writer
Commercial Energy
Inspector Exam
Coralville,
IA
November
18, 2015
$189.00
Mohammad Elahi,
Traffic Engineer
Brown Traffic
Products User's
Group
Davenport, IA
December 2-
3, 2015
$355.00
Rudy'Jones,
Communicty
Development
Director
2016 Cedar Valley
Coalition
Washington;
D.C.
February
22-24, 2015
$1,785.00
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Sidelines Sports Bar
and Grill, 814 LaPorte
Road
C Liquor
New
11/19/2016
X
3. Cigarette/Tobacco/Nicotine/Vapor Permit Application for Shwe Nyiko Market
911 Commercial Street
4. Bonds
Roll call vote -Ayes: Six. Motion carried.
November 16, 2015
PUBLIC HEARINGS
145280 - Schmitt/Hart
Page 2
that proof of publication of notice of public hearing on demolition services for
330 Irving Street and 1025 Sycamore Street, as published in the Waterloo Courier
on November 3, 201.5, be received and placed on file. Voice vote -Ayes: Six.
Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral 'objections and there were none.
145281 - Schmitt/Hart
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
d
145282 - Schmitt/Hart
that "Resolution confirming approval of plans, specifications, form of contract,
etc.", be adopted. Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-883.
145283 - Schmitt/Hart
that "Resolution authorizing to proceed in conjunction with the Demolition
services for 330 Irving Street and 1025 Sycamore Street", be adopted. Roll -call
vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-884.
145284 - Schmitt/Hart
Motion to receive and file and instruct City Clerk to read bids and refer to
Community Planning & Development Director for review.
Bidder
Bid
Security
Bid Amount
Frickson Bros.
Evansdale, IA
Check for $710.00
$14,200".00
Lehman Trucking
Excavating, Inc.
Waterloo, IA
&
5%
$23,640.00
Voice vote -Ayes: Six. Motion carried.
145285 - Schmitt/Hart
that "Resolution awarding demolition contract to Frickson Brothers Excavating of
Evansdale, Iowa for the demolition of 330 Irving Street and 1025 Sycamore Street
in the amount of $14,200.00", be adopted. Roll -call vote -Ayes: Six. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-885.
145286 - Welper/Hart°
that proof of publication of notice of public hearing on FY 2016 Levee Tree
Clearing (Black Hawk Creek South Side), Contract No. 901, as published in the
Waterloo Courier on November 6, 2015, be received and placed on file. Voice
vote -Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
145287 - Welper/Hart
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
145288 - Welper/Hart
that "Resolution confirming approval of plans, specifications, form of contract,
etc..in.conjunction with the FY 2016 Levee Tree Clearing (Black Hawk Creek South
Side), Contract No. 901", be adopted. Roll -call vote -Ayes: Six. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-886.
November 16, 2015
145289 - Welper/Hart
Page 3
that "Resolution authorizing to proceed in conjunction with the FY 2016 Levee
Tree Clearing (Black Hawk Creek South Side), Contract No. 901", be adopted.
Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-887.
145290 - Welper/Hart
Motion to receive and file and instruct City Clerk to read bids and refer to
City Engineer for review.
Bidder
Bid
Security
Bid Amount
Twin City Tree Service
Waterloo, IA
5%-
$135,000.00
Peterson Contractors, Inc.
Reinbeck, IA
o
50
$115,000.00
Vieth Construction Corp.
Cedar Falls, IA
5%
$207.989.00
Voice vote -Ayes: Six. Motion carried.
RESOLUTIONS
145291 - Lind/Schmitt
that "Resolution approving a Memorandum of Understanding (MOU) between the
Waterloo Police Department and the Department of Justice, (FBI/ATF) allowing for
the repayment of overtime funds, the use of Federal resources, and lease Federal
vehicles during investigations of mutual interest", be adopted. Roll call vote -
Ayes: Six.
Mr. Lind -Clarified that they will only pay overtime.
Dan Trelka, Director of Safety Services, explained that the DOJ, in these cases
of mutual interest, will pay the officer overtime. They will also supply that
officer with a vehicle and that officer will be given federal authority. He also
stated that there will ultimately be two officers designated to these
assignments.
Mr. Morrissey questioned if the Police Department has been involved in this
program in the past.
Director Trelka stated that they have been involved in similar programs in the
past not this particular one.
Resolution adopted and upon approval by Mayor assigned No. 2015-888.
145292 - Hart/Morrissey
that "Resolution approving a Subordination Agreement in consideration for the
sum of, one dollar ($1.00)` and other good and valuable consideration the -lien of
the City of Waterloo's mortgage with Grand Investments, LLC to the lien of U.S.
Bank National Association, and that the lien of the said mortgage of U.S. Bank
National Association, shall be prior, paramount and superior to any right title
of claim, to the said premises of the City of Waterloo•, in conjunction with the
Grand Crossing Project located at 45 West Jefferson Street, and authorize the
,Mayor to execute said agreement", be adopted. Roll call vote -Ayes: Six.
Rudy Jones, Community Development Director, explained that it is standard
language put into place for this type of project.
Michelle Weidner, Chief Financial Officer, explained that since the bank is
making a loan they are asking for the first rights' and this is a typical
agreement. The City's portion is grant funds.
Mr. Lind questioned if there,was a resolution to the high bids received.
Rudy Jones explained that the lowest responsible` bidder reduced the price to be
acceptable by the owner.
David Dryer, 3145 W. 4th Street, questioned the location of the project.
Resolution adopted and upon approval by Mayor assigned No. 2015-889.
145293 - Schmitt/Welper
November 16, 2015
Page 4
that "Resolution accepting the proposal by American Airlines, via the United
'States Department of Transportation, Office of Aviation Analysis, for the
continuation, of scheduled service :between Waterloo and Chicago O'Hare
International Airport, via the Essential Air Service program, via Docket No:
DOT -OST -2011-0132, to include the approval of the waiver by American Airlines to
waive the right to hold -in with a 120 -day notice, and direct the Mayor to send
correspondence to the USDOT confirming the support and appreciation by the City
and Community of Waterloo for scheduled air service to continue upon the
conclusion of the current term .of service", be adopted. Roll call vote -Ayes:
Six.
Resolution adopted and upon approval by Mayor assigned No. 2015-890.
145294 - Morrissey/Welper
that "Resolution terminating the 28E agreement with La Porte City, Iowa for
inspection services provided by the City of Waterloo effective December 15,
2015",,be adopted.' Roll call vote -Ayes: Six.
Craig Clark, Building Official, explained that the City has been doing
inspection services for LaPorte City since 2000. LaPorte City has decided to
change their building code and it is a good time to discontinue the service to
allow City staff to focus on Waterloo.
Resolution adopted and upon approval by Mayor assigned No..2015-8'91.
ORDINANCES
145295 - Morrissey/Welper
that "an Ordinance amending the 2001 City Code by repealing Title 4, Public
Health and Safety, Chapter 4, Litter Control, Subsection 4-4-1 Definitions,
Enforcement Authority, in *its entirety and insert in lieu thereof a new
enforcement authority to Title 4, Public Health and Safety, Chapter 4, Litter
Control, Subsection 4-4-1 Definitions, and amending Chapter 5, Municipal
Officials, Subsection, City Attorney, 1 -5D -2D, Additional Duties, in its
entirety; and inserting in lieu thereof a new subsection 1 -5D -2D, Additional
Duties", be received, placed on file, considered and passed for the first time.
145296 - Lind/Schmitt
To postpone: indefinitely. Ayes: Two. Nayes: Four (Morrissey, Welper, Hart,
Jones). Motion failed.
Mr. Lind expressed concern with making this move prior to a new administration
coming in.
Mr. Schmitt expressed concern with making the move as well.
Mayor Clark read an email toCouncil informing them of the move. He also gave a
history of events with Code Enforcement leading up to the need for this move.
Mr. Schmitt expressed concern 4,Tith the location of the move and asked if Code
Enforcement officers were responsible for securing 657A properties.
Dave Zellhoefer, City Attorney, stated that, while Code Enforcement has not been
officially given the task, the have most recently been doing the securing of
these properties.
Mr. Schmitt expressed concerned- with the real transparency of communication
between the Mayor and City Council. He also expressed his belief that the real
issue with Code Enforcement is lack of support from city officials.
Mr. Morrissey expressed appreciation to the Mayor for his willingness to meet
and answer questions and his willingness to have conversations in an open forum
such as a council meeting.
Mr. Welper expressed concerns with the results of leaving this and other issues
in the hands of a new council without the history or experience required to make
the needed decisions in a timely manner.
Mr. Jones stated that he believes. this to simply be an administrative change
which is the Mayor prerogative and within his power to do.
Forest Dillavou, 1725 Huntington Road, expressed concern with whether this will
ultimately cost the taxpayer more money.
Mr. Hart asked to clarify that there is no cost to the city for this.
November 16, 2015
Page 5
Mayor Clark clarified that the vote is just to move the authority of Code
Enforcement from Waste Management to the City Attorney
Mr. Lind questioned from whose budget Code Enforcement expenses are paid.
Michelle Weidner, Chief Financial Officer, explained that Code Enforcement has
its own activity that is funded with Sanitation fees.
Mr. Lind questioned what will happen with the Clerk II who currently works doing
both Sanitation and Code Enforcement Duties.
Mayor Clark explained that the Clerk II in question will continue to do both
jobs but there are plans to hire a new Clerk II for the Waste Management
Facility in the very near future`•and transfer the Code Enforcement Clerk II to
the Code Enforcement location once the.. new person is hired.
Michelle Weidner explained that'the Clerk II currently"working is already being
funded through -Code Enforcement with Sanitation fees so this would not create
any new expense.
Mr. Hart clarified that the salaries for these employees are funded with
Sanitation fees and asked if a portion of Mr Zellhoefer's salary could also be
funded the same way.
Mayor Clark stated that this is very possible and appropriate; however the
challenge would be to establish what percentage of Mr. Zellhoefer's salary would
be applied.
Mayor stated that he as well as all department heads within the City of Waterloo
have been charged with the task of making hundreds of decisions for the city on
a daily basis and it is impossible to make everyone aware of everything at all
times and'}his belief is that they do the very.. best they can with remaining as
transparent as possible.
Mr. Jones stated that the council is not charged with running the city but to
set policies and the budget. He continued that what the council does is really,.
quite limited and it is the Mayor's responsibility to run the city.
Roll call vote -Ayes: Four. Nays: Two (Lind, Schmitt). Motion carried.
145297 - Morrissey/Welper
that rules requiring,; ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Two. Nays: Four (Lind,
Schmitt, Hart, Jones). Motion failed.
145298 Hart/Morrissey
that "an Ordinance approving the request.to vacate, sell, and convey a 1,920
square foot portion of an existing alley located north of 1317 West llth Street
to Curtis and Carrie Schultz for $200 and to establish a permanent driveway to
an existing detached garage, with a development agreement", be received, placed
on file, considered and passed for the first time. Roll call vote -Ayes: Six.
Motion carried.
145299 - Hart/Morrisey
that rules requiring ordinances to be considered ,and voted for passage at'two
prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried.
145300 - Hart/Morrissey
that "an Ordinance approving the request to vacate, sell, and convey a 1,920,
square foot portion of an existing alley located north of 1317 West llth Street
to Curtis and Carrie Schultz for $200 and to establish a permanent driveway to
an existing detached garage, with a development agreement", be considered and
passed for the second and third times and adopted. Roll call vote -Ayes: Six.
Ordinance adopted and upon approval by Mayor assigned No. 5317.
145301 - Hart/Morrissey
that "Resolution authorizing sale and conveyance to Curtis and Carrie Schultz in,
the amount of,$200 and requiring the establishment of a permanent paved driveway
to an existing detached garage and approving` development agreement", be adopted.
Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2015-892.
November 16, 2015 Page 6
OTHER COUNCIL BUSINESS
145302 - Hart/Welper
that Change Order No. 1 for a net increase of $174,614.00 for the FY2014 Belt
Filter Press Addition, Contract No. 847 be approved. Voice vote -Ayes: Six.
Motion carried.
PRESENTATIONS
PRESENTATIONS
Bruce W. Kaiser, 514 E. 2nd Street, invited the public to attend the ADA
Commission to voice their opinion.
Jim Chapman, 224 Bertch, spoke regarding ConAgra downsizing.
Mayor Clark explained that ConAgra will be building their plant here in town.
David Dryer, 3145 W. 4th Street, questioned the merger of two TIF districts.
John Sherban, 1715 Robin Road, expressed his belief that it is the council's job
not only to set policies and budgets but also to represent well the citizens of
Waterloo and make sure that communication with those citizens remains
transparent.
Forest Dillavou, 1725 Huntington Road, reported street lights out on University
Avenue and changes in traffic lighting 'on Ansborough Ave.
Steve Murphy, 124 'Terrace Drive, stated that.he believes that the council is
responsible to represent and aid the citizens of•Waterloo and not simply -Co set
policies and budgets. He asked them to.remember that when thinking about running
for city council.
145303 - Hart/Morrissey
that the above oral: comments be received and placed on file. Voice vote -Ayes:
Six. Motion carried.
ADJOURNMENT
145304 - Hart/Morrissey
that the Council adjourn at 6:39 p.m. Voice vote -Ayes: Six. Motion carried.
Suzy S hares, CMC
City Clerk/Human Resource Director