HomeMy WebLinkAboutMinutes-9 /26/2016 September 26, 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, September 26, 2016. Mayor
Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Powers, Lind, Amos, Schmitt,
and Welper.
Prayer or Moment of Silence.
Pledge of Allegiance: Keith Kaspari, Airport Director.
146579 - Welper/Schmitt
that the Agenda, as amended by adding a flood update from Mayor Hart, by
amending the correct number of readings in item number 17, and by amending the
correct number of readings in item number 18, for the Regular Session on Monday,
September 26, 2016, at 5:30 p.m. , be accepted and approved. Voice vote-Ayes:
Seven. Motion carried.
146580 - Welper/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, September 19,
2016, at 5:30 p.m. , be accepted and approved. Voice vote-Ayes: Seven. Motion
carried.
Mayor Hart asked to present the proclamations prior to the flood update.
Mr. Schmitt questioned the purpose of the minutes. City Clerk Suzy Schares
explained that the purpose of the minutes is to capture the action taken at the
meeting. The City of Waterloo does summary minutes. The video of each meeting is
available online.
Mayor Hart read a Proclamation declaring October 4 - 10, 2016 as Mental Illness
Awareness Week.
Mayor Hart read a Proclamation declaring Second Week of October as Earth Science
Week.
Mayor Hart read a Proclamation declaring September 2016 as Life Insurance
Awareness Month.
Mayor Hart gave an update on the current flood status.
Mayor Hart presented Suzy Schar es, City Clerk/HR Director, with an certificate
of appreciation for her service, dedication, and loyalty to the City of
Waterloo.
CONSENT AGENDA
146581 - 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
September 26, 2016, in the amount of $1, 923, 671.58, 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. 2016-756.
2. Resolution setting the date of public hearing as October 10, 2016 for a
request by Kwik Trip, Inc. to rezone approximately 3. 94 acres from "C-2"
Commercial District to "M-2, P" Planned Industrial District for the
purposes to allow for the construction of biodiesel blending facility,
located directly northeast of 4901 Sergeant Road, and instruct City Clerk
to publish pertinent notice.
Resolution adopted and upon approval by Mayor assigned No. 2016-757.
3. Resolution setting the date of public hearing as October 10, 2016 for a
request by Kwik Trip, Inc. for a major site plan amendment in the "C-P"
Planned Commercial District for Lot 1 of the County Club Business Center
Addition to allow for the construction of a 2, 775 SF car wash with a 15-
stall parking lot, and instruct City Clerk to publish pertinent notice.
Resolution adopted and upon approval by Mayor assigned No. 2016-758.
September 26, 2016 Page 2
b. Motion to approve the following:
1 Travel Requests
Name & Title ofP.mount not
Class/Meeting Destination Date(s) to Exceed
Personnel
a. Bob Osgood, IAPMO - Plumbing Waterloo, IA September $120.00
Chief Plumbing Continuing 24, 2016
Inspector Education
b. Pat Treloar, WAVE-ESO-ePCR Austin, TX November $2, 970.00
Chief of Fire 16-19,
Services 2016
C. Heather Vertigo �Center
atOctober $125.00
Sincavage - Performance Art for 20-21,2016
Performance Series The Arts,
Artist Waterloo, IA
d. Sarah Berkeley - Vertigo Waterloo October $125.00
Performance Performance Art Center for 20-21, 2016
Artist Series The Arts,
Waterloo, IA
e. Vela Oma - Vertigo Waterloo October $190.00
Performance Performance Art Center for 20-21, 2016
Artist Series The Arts,
Waterloo, IA
2. Approved Beer, Liquor, and Wine Applications
Name & Address of New or Expiration Includes
Class
Business Renewal Date Sunday
a. Young Arena, 125 Special C Liquor Renewal 9/6/2017 X
Commercial Street
b. Casey's 218 Pub, 4010- C Liquor Renewal 09/30/2017 X
4018 University Avenue w/Outdoor
Service
C. Tobacco Outlet Plus C Beer Renewal 10/14/2017 X
#500, 1803 La Porte
Road
d. Hy-Vee C-Store #4, B Wine / C Beer Renewal 10/31/2017 X
3700 University Avenue
e. Newton's Paradise B Native Wine / Renewal 09/17/2017 X
Cafe' , 128 E. 4th C Liquor
Street w/Outdoor Sales
f. Kings & Queens, 304 W. C Liquor Renewal 09/11/2017 X
4th Street
3. Bonds.
Roll call vote-Ayes: Seven. Motion carried.
PUBLIC HEARINGS
146582 - Schmitt/Lind
that proof of publication of notice of public hearing on FY 2017 Byrnes and
Gates Pool Painting Project Contract # 923, as published in the Waterloo Courier
on September 12, 2016, 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.
146583 - Schmitt/Lind
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
146584 - Schmitt/Lind
that "Resolution confirming approval of specifications, bid document, form of
contract, etc. in conjunction with the FY 2017 Byrnes and Gates Pool Painting
Project Contract # 923", be adopted. Roll-call vote-Ayes: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-759.
September 26, 2016 Page 3
146585 - Schmitt/Lind
that "Resolution authorizing to proceed in conjunction with the FY 2017 Byrnes
and Gates Pool Painting Project Contract # 923", be adopted. Roll-call vote-
Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-760.
146586 - Schmitt/Lind
Motion to receive and file and instruct City Clerk to read bids and refer to
Leisure Services for review.
Bidder Bid Security Bid Amount
Pospisil Painting, Inc. 5° $94, 500.00
Cedar Rapids, IA
ACCO Unlimited Corporation
5% $62, 829.00
Johnston, IA
A1A Sandblasting
Cedar Rapids, IA 50 $58, 100. 00
Voice vote-Ayes: Seven. Motion carried.
146587 - Morrissey/Lind
that proof of publication of notice of public hearing on the Rental of Four (4)
Motor Graders to support snow removal operations, 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.
146588 - Morrissey/Lind
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
146589 - Morrissey/Lind
that "Resolution confirming approval of specifications, bid document, form of
contract, etc. in conjunction with the Rental of Four (4) Motor Graders to
support snow removal operations", be adopted. Roll-call vote-Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-761.
146590 - Morrissey/Lind
that "Resolution authorizing to proceed in conjunction with the Rental of Four
(4) Motor Graders to support snow removal operations, be adopted. Roll-call
vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-762.
146591 - Morrissey/Lind
Motion to receive and file and instruct City Clerk to read bids and refer to
Leisure Services for review.
Bidder Bid Security Bid Amount
Murphy Tractor & Equipment Co. Monthly -- $6,300.00
Waterloo, IA N/A
Total -- $100,800. 00
Voice vote-Ayes: Seven. Motion carried.
146592 - Lind/Schmitt
that proof of publication of notice of public hearing on the sale and conveyance
of portions of city owned parcels to the Iowa Department of Transportation, for
mutual benefit of said entities, needed as part of the Highway 63 Improvements
project from Jefferson Street to Franklin Street, as published in the Waterloo
Courier on September 12, 2016, 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.
September 26, 2016 Page 4
146593 - Lind/Schmitt
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
146594 - Lind/Schmitt
that "Resolution confirming approval of the sale and conveyance of portions of
city owned parcels to the Iowa Department of Transportation, for mutual benefit
of said entities, needed as part of the Highway 63 Improvements project from
Jefferson Street to Franklin Street", be adopted. Roll-call vote-Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-763.
146595 - Lind/Schmitt
that proof of publication of notice of public hearing on the sale and conveyance
of portions of city owned parcels to the Iowa Department of Transportation, for
mutual benefit of said entities, needed as part of the Highway 63 Improvements
project from Donald Street to Conger/Newell Street, as published in the Waterloo
Courier on September 12, 2016, 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.
146596 - Lind/Schmitt
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote-Ayes: Seven. Motion carried.
146597 - Lind/Schmitt
that "Resolution confirming approval of the sale and conveyance of portions of
city owned parcels to the Iowa Department of Transportation, for mutual benefit
of said entities, needed as part of the Highway 63 Improvements project from
Donald Street to Conger/Newell Street", be adopted. Roll-call vote-Ayes:
Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-764.
146598 - Amos/Morrissey
that proof of publication of notice of public hearing on the sale and conveyance
of city owned property, a vacant lot south of 512 Reed Street, to Larry and
Vickie Westendorf, in the amount of $3, 000 plus costs, as published in the
Waterloo Courier on September 12, 2016, 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.
146599 - Amos/Schmitt
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
146600 - Amos/Morrissey
that "Resolution confirming approval of the sale and conveyance of city owned
property, a vacant lot south of 512 Reed Street, to Larry and Vickie Westendorf,
in the amount of $3, 000 plus costs", be adopted.
Mr. Welper explained that the City leads the state with the 657a laws but now
has a lot of property that we cannot get rid of them. He has a plan to work with
Hawkeye Community College to build homes on vacant lots.
146601 - Welper/Lind
To table selling the lot for sixty days (November 28, 2016) to allow time for
him to come up with the plan. Ayes: Four. Nays: Three (Jacobs, Morrissey, Amos) .
Motion carried.
Mr. Morrissey explained that the Westendorf' s request originally did not meet
the sale of property policy but they have updated it to meet the policy. There
are other properties that could meet Mr. Welper' s needs for building homes. He
spoke in support of allowing the Westendorfs to purchase the property.
September 26, 2016 Page 5
Noel Anderson, Community Planning & Development Director, explained that there
are approximately 130 buildable lots. This lot is buildable and marketable. He
explained that the City does not own the lots across the street.
Mr. Schmitt questioned what makes this lot valuable.
Noel Anderson explained that the potential builder did identify this lot as
being a good lot for a home due to the lots dimensions and proximity to schools.
He explained why the first home needs to be built so additional homes can be
built.
Mr. Welper explained that the first house will be built late fall and the next
one will be done next August.
Mr. Schmitt requested that council allow the Westendorf' s to speak and council
agreed.
Larry Westendorf, 512 Reed St. , explained that this lot is located next to his
home and he wishes to expand his property. He stated that he would add a garage
to the property.
Mr. Morrissey explained again that the Westendorf' s have done everything to get
this property.
RESOLUTIONS
146602 - Lind/Schmitt
that "Resolution approving amended agreement with AFLAC for employee benefit
services at no additional cost to the City of Waterloo", be adopted. Roll call
vote-Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2016-765.
146603 - Lind/Schmitt
that "Resolution approving the Annual Financial Report for City Streets for the
fiscal year ended June 30, 2016 and authorizing transmittal to the Iowa
Department of Transportation", be adopted. Roll call vote-Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2016-766.
146604 - Lind/Schmitt
that "Resolution approving the FY2016 Consolidated Annual Performance and
Evaluation Report (CAPER) for CDBG and HOME program activities for the period of
July 1, 2015 through June 30, 2016 to the U.S. Department Housing and Urban
Development", be adopted. Roll call vote-Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2016-767.
146605 - Schmitt/Lind
that "Resolution approving award of contract to Lodge Construction, Inc. , of
Clarksville, Iowa in the amount of $66, 155.27; and approving the bonds and
Certificate of Insurance for the F.Y. 2017 Sergeant Road Trail Bridge No. 1
Replacement, Contract No. 917; and authorize Mayor and City Clerk to execute
said documents", be adopted. Roll call vote-Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2016-768.
146606 - Schmitt/Lind
that "Resolution approving Professional Service Agreement with AECOM Technical
Services, Inc. for an amount not to exceed $27, 700.00 in conjunction with the
F.Y. 2017 Bridge Repairs - 6th Street, 18th Street, and Ansborough Avenue; and
authorize Mayor to execute said document", be adopted. Roll call vote-Ayes:
Seven.
Mayor Hart questioned if there is further damage due to the flood would it be
able to be included.
Eric Thorson, City Engineer, explained that the flood should not have an impact.
These are all surface repairs.
Resolution adopted and upon approval by Mayor assigned No. 2016-769.
146607 - Schmitt/Lind
September 26, 2016 Page 6
that "Resolution approving Notice of Intent for NPDES coverage under general
permit to the Iowa Department of Natural Resources for FY 2017 Sergeant Road
Trail Bridge No. 1 Replacement, Contract No. 917, and authorize Mayor to execute
said document", be adopted. Roll call vote-Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2016-770.
146608 - Amos/Schmitt
that "Resolution approving Amendment No. 2 to the Professional Services
Agreement with HR Green, Inc. for additional services related to the Phase I
Environmental Site Assessment for the former Wonder Bread Facility, 301-305 and
325 Commercial Street increasing the lump sum amount of the contract by
$15, 400", be adopted. Roll call vote-Ayes: Seven.
Noel Anderson, Community Planning & Development Director, explained that this
increase comes as a result of finding additional contaminated soils while
digging in this area. The increase is to cover the cost of testing and proper
handling and disposal of that soil.
Mr. Lind asked for clarification of the location of this soil.
Noel Anderson stated that this soil was discovered at a nearby off-site location
close to Cedar Street.
Resolution adopted and upon approval by Mayor assigned No. 2016-771.
146609 - Amos/Schmitt
that "Resolution to approve the Second Amendment to Development Agreement with 3
Little Lambs, LLC to authorize a one year extension to allow for the completion
of the project, and authorize the Mayor and City Clerk to execute all necessary
documents", be adopted. Roll call vote-Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2016-772.
146610 - Welper/Morrissey
that "Resolution approving an agreement with Buxton for a 3-year retail
recruitment and retention program with an annual fee of $50, 000", be adopted.
Roll call vote-Ayes: Seven.
David Dryer, 3145 W. 4th Street, questioned the need for this program.
Mayor Hart explained that this is a tool to aid the city in our attempt to fill
empty storefronts.
Noel Anderson, Community Planning & Development Director, added that this is a
program that will offer valuable information to the City of Waterloo;
information that the city would not be able to compile itself.
Mr. Jacobs questioned if Buxton was going to give information or what we will
get for this.
Mathew Tate, Buxton Senior Account Executive, explained that their research will
give us a targeted retail recruitment plan. The team will pick four to five
areas of the community to target the retail.
Mr. Lind clarified that all areas of Waterloo will be considered.
Noel Anderson confirmed that all areas of Waterloo are included in this
agreement.
Mayor Hart clarified that this is a targeted approach and the downtown area will
be a definite priority.
Mr. Lind questioned if this is a want or truly a need.
Noel Anderson stated that he believes this is a valuable tool that our community
needs.
Mayor Hart asked what safeguards the city has to ensure this is a successful
program.
Noel Anderson explained that this is a 3-year contract adding that Buxton has a
91% retention rate which shows that other communities believe this to be a
valuable service.
September 26, 2016 Page 7
Mayor Hart requested an overview of the footprint that Buxton has made across
the country.
Mathew Tate explained the process of what they do and their successful impact on
communities across the country.
Mr. Schmitt questioned if this was included in the Logan Plaza agreement.
Noel Anderson stated that it is not included as a part of that agreement.
Mr. Schmitt questioned the need for this program and asked who would be
responsible for monitoring this program.
Noel Anderson stated that he would be responsible for monitoring the success of
this program and would offer regular updates to council.
Mr. Schmitt questioned if Buxton is compensated from both the government
entities and the businesses they serve.
Mathew Tate explained that Buxton serves both business and government entities
but the two are very separate arms of their business.
Mr. Morrissey asked for the timing of results can be seen.
Mathew Tate explained the timing of the services to the city.
Mr. Morrissey asked for clarification that the downtown area will remain a
priority.
Noel Anderson affirmed that it would remain a priority.
Mathew Tate also affirmed that it would remain a priority.
Mr. Morrissey questioned if the contract includes an exit for the city if the
services promised are not provided.
Mayor Hart confirmed that the contract does include an exit.
Mr. Schmitt clarified that this is an 18 to 24 month process.
Mathew Tate explained that this is an average time period.
Mr. Jacobs asked if Mr. Tate had toured the downtown area.
Mathew Tate affirmed that he had toured the downtown area and is confident that
he can offer a strong plan.
Mr. Lind questioned who does the recruiting.
Mathew Tate explained that they will identify the best businesses for the City
of Waterloo to seek for this community and offer a verified contact name and
number, and will aid the city in making initial contacts. He added that selling
the city will ultimately be the responsibility of the city.
Mr. Powers spoke in support of this agreement.
Resolution adopted and upon approval by Mayor assigned No. 2016-773.
146611 - Welper/Morrissey
that "Resolution approving Development Agreement with Deer Creek for
infrastructure reimbursement for Deer Creek Development area near former
Greyhound Park site, estimated at $1. 8 million, and authorize Mayor and City
Clerk to sign and fully execute all necessary documents", be adopted. Roll call
vote-Ayes: Seven.
David Dryer, 3145 W. 4th Street, asked for clarification of ownership of this
property.
Noel Anderson, Community Planning and Development Director, explained the
process involved in this development, Deer Creek' s funding of the
infrastructure, and the city's responsibilities relating to it.
Mr. Lind questioned the sale amounts of the lots in this area.
Noel Anderson explained that they are being sold slightly below market value.
Resolution adopted and upon approval by Mayor assigned No. 2016-774 .
September 26, 2016 Page 8
ORDINANCES
146612 - Schmitt/Amos
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo,
Iowa, by repealing Title 9, Chapter 2, Section 2 Codes Adopted, Subsection A and
enacting in lieu thereof a new Title 9, Chapter 2, Section 2 Codes Adopted,
Subsection A, and repealing Title 9, Chapter 2, Section 8 Amendments, and
enacting in lieu thereof a new Title 9, Chapter 2, Section 8 Amendments in
conjunction with the Fire Code Ordinance Amendment", 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. 5368.
146613 - Morrissey/Schmitt
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo,
Iowa, by repealing Chapter 1, Building Code, and Article A, Building
Contractors, of Chapter 1, Building Code, of Title 9, Building Regulations, in
their entirety; and enacting in lieu thereof new Chapter 1, Building Code, and
Article A. Building Contractors, of Chapter 1, Building Code, of Title 9,
Building Regulations in conjunction with Building Code Ordinance Amendment", 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. 5369.
OTHER COUNCIL BUSINESS
146614 - Welper/Morrissey
that the arbitrage test results reflecting that no payment is due to the
Internal Revenue Service for the Sewer Revenue Bonds Series 2011A, issued in
July 2011, be received, placed on file and approved. Voice vote-Ayes: Seven.
Motion carried.
146615 - Welper/Morrissey
that Change Order 2 for an increase in the amount of $2, 850.00 to Lodge
Construction of Clarksville, Iowa, in conjunction with the Sherwood Recreation
Area, Phase 2 Improvements, be approved. Voice vote-Ayes: Sever.. Motion
carried.
146616 - Welper/Morrissey
that Change Order 1 for an increase in the amount of $4, 400.00 to Lodge
Construction of Clarksville, Iowa, in conjunction with the Sherwood Recreation
Area, Phase 2 Improvements, be approved. Voice vote-Ayes: Seven. Motion
carried.
ORAL PRESENTATIONS
146617 - Welper/Schmitt
Lori Dale, 1228 Independence Avenue, expressed concern with the position the
youth are in and asked for the community' s help in guiding them. She urged the
community to get behind the Mayor and the Police Chief to help them succeed.
Jim Chapman, 224 Bertch, asked the Mayor to address the comment that was
directed toward those expressing opposition to an issue at the previous council
meeting. He stated that the comment made is absolutely not the reasons that he
and others attend council meetings regularly.
Forest Dillavou, 1725 Huntington Road, expressed concern with the City not
selling the property tonight.
Jonathon Soffa, 318 W. 3rd Street, expressed interest in the Riverloop Public
Market.
Renata Sack, 414 Sunset Road, expressed support for the development of the
downtown area and the Riverloop Public Market.
Esther Moyerochev, 217 W. 4 t Street, expressed support for the development of
the downtown area and the Riverloop Public Market.
David Dryer, 3145 W. 4 t Street, expressed his approval of the new yard waste
site with the exception of not being allowed to dispose of larger branches.
September 26, 2016 Page 9
Rosetta Robinson, address not offered, expressed concern with dilapidated
housing in our community and asked for support for the youth in our community.
that the above oral comments be received and placed on file. Voice vote-Ayes:
Seven. Motion carried.
146618 - Welper/Schmitt
that the council adjourn to Executive Session at 7:31 p.m. Roll call vote-Ayes:
Seven. Motion carried.
City Attorney Dave Zellhoefer stated that discussion of the purchase of property
is an approved topic of Executive Session pursuant to Iowa Code Section
21.5 (1) (j ) (2016) .
E X E C U T I V E S E S S I O N
146619 - Welper/Schmitt
that the council adjourn Executive Session at 7:51 p.m. Voice vote-Ayes:
Seven. Motion carried.
ADJOURNMENT
146620 - Welper/Schmitt
that the Council adjourn at 7:51 p.m. Voice vote-Ayes: Seven. Motion carried.
j
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Suz Schares, CMC
City Clerk/Human Resource Director