HomeMy WebLinkAboutMinutes-1 /19/2016 January 19, 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 19, 2016. Mayor
Quentin Hart in the Chair. Roll Call: Jacobs, Jones, Schmitt, Lind, Morrissey, Welper,
and Amos.
Moment of Silence.
Pledge of Allegiance: Chief Dan Trelka, Director of Safety Services.
145505 - Welper/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, January 19,
2016, at 5:30 p.m. , be accepted and approved. Voice vote-Ayes: Seven. Motion
carried.
145506 - Welper/Schmitt
that the Minutes, 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.
145507 - Welper/Schmitt
that the Minutes, as proposed, for the Special Meeting on Monday, January 4,
2016, at 5:30 p.m. , be accepted and approved. Voice vote-Ayes: Seven. Motion
carried.
CONSENT AGENDA
145508 - 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 19, 2016, in the amount of $1, 371, 930.93, 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. 2016-036.
2. Resolution approving the request of Rooff Development for tax exemptions
on the construction of a new townhome valued at $154, 000 for the property
located at 301 E. 3rd Street, and located within the Consolidated Urban
Revitalization Area (CURA) .
Resolution adopted and upon approval by Mayor assigned No. 2016-037 .
3. Resolution approving the request of Rooff Development for tax exemptions
on the construction of a new townhome valued at $154, 000 for the property
located at 303 E. 3rd Street and located within the Consolidated Urban
Revitalization Area (CURA) .
Resolution adopted and upon approval by Mayor assigned No. 2016-038.
4 . Resolution approving the request of Rooff Development for tax exemptions
on the construction of a new townhome valued at $154, 000 for the property
located at 305 E. 3rd Street and located within the Consolidated Urban
Revitalization Area (LURA) .
Resolution adopted and upon approval by Mayor assigned No. 2016-039.
5. Resolution approving the request of Rooff Development for tax exemptions
on the construction of a new townhome valued at $154, 000 for the property
located at 307 E. 3rd Street and located within the Consolidated Urban
Revitalization Area (LURA) .
Resolution adopted and upon approval by Mayor assigned No. 2016-040.
6. Resolution approving the request of Rooff Development for tax exemptions
on the construction of a new townhome valued at $154, 000 for the property
located at 309 E. 3rd Street and located within the Consolidated Urban
Revitalization Area (LURA) .
Resolution adopted and upon approval by Mayor assigned No. 2016-041.
January 19, 2016 Page 2
7. Resolution approving the request of Rooff Development for tax exemptions
on the construction of a new townhome valued at $154, 000 for the property
located at 311 E. 3rd Street and located within the Consolidated Urban
Revitalization Area (CURA) .
Resolution adopted and upon approval by Mayor assigned No. 2016-042.
8. Resolution approving the request of Anthony Huff for tax exemptions on the
construction of a new commercial building valued at $110, 000 for the
property located at 631-633 Ansborough Avenue and located within the
Consolidated Urban Revitalization Area (LURA) .
Resolution adopted and upon approval by Mayor assigned No. 2016-043.
9. Resolution approving the request of Carol D. Hoskins for tax exemptions on
the construction of a new garage valued at $8, 720 for the property located
at 612 Beech Street and located within the Consolidated Urban
Revitalization Area (LURA) .
Resolution adopted and upon approval by Mayor assigned No. 2016-044 .
10. Resolution setting date of public hearing as February 1, 2016 to enter
into a Development Agreement with Iowa Heartland Habitat for Humanity for
the construction of 1 single-family home at 330 Irving Street and
authorize the sale and conveyance of said City-owned property in the
amount of $1.00.
Resolution adopted and upon approval by Mayor assigned No. 2016-045.
11. Resolution setting the date of public hearing as February 1, 2016 to
approve a request by Tom Taylor for a site plan amendment to the "R-4, R-
P" Planned Residence District to allow for the construction of a 7, 600 SF
veterinary clinic with an outdoor dog exercise area, located to the south
of 4015 Hurst Drive, and instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2016-046.
12. Resolution setting bid opening as March 24, 2016 and the date of public
hearing as March 28, 2016 and directing process for the sale of certain
tracts of land formerly portions of West San Marnan Drive; and instruct
City Clerk to publish notice. - Pulled off consent.
13. Resolution approving preliminary specifications, bid documents, etc. , and
setting date of bid opening as February 11, 2016 and date of public
hearing as February 15, 2016 for the F.Y. 2016 Sherwood Recreation Area
Phase II Improvements, and instruct City Clerk to publish notice of
specifications, bid document, etc.
Resolution adopted and upon approval by Mayor assigned No. 2016-047.
b. Motion to approve the following:
Travel Requests
Name & Title of Amount not
Personnel Class/Meeting Destination Date(s) to Exceed
a. Sgt. Hewitt & Force Science Des Plaines, March 21-23, $1, 716.00
Sgt. Monroe Body Cameras IL 2016
and other
Recordings in
Law Enforcement
b. Sgt. Gehrke & Core Leadership Johnston, IA March 29-31, $1, 354 . 00
Sgt. Duncan (5 Star PLE) 2016
C. Scott Strader, Residential Coralville, Available $199.00
Combination Plumbing IA Dates for
Inspector II Inspector Exam 2016: 1/26;
1/28; 2/2;
2/11; 2/19;
2/25
d. Steve Hostetler, Residential Coralville, February 19, $199.00
Permit Writer Electrical IA 2016
Inspector Exam
e. Jamie Knutson, Asphalt Paving Des Moines, March 3-4, $367.52
Associate Association of IA 2016
Engineer Iowa - Greater
Iowa Asphalt
Conference
January 19, 2016 Page 3
f. Matt Chesmore, 40 Hour Lead Des Moines, January 24- $1, 345. 00
Rehab Specialist Abatement IA 28, 2016
Contractor
Certification
2• Approved Beer, Liquor, and Wine Applications
Name & Address of New or Expiration Includes
Business Class Renewal Date Sunday
a. Spicoli's, 3555 C Liquor Renewal 12/11/2016 X
University Avenue w/Outdoor
Service
b. Casey's General Store B Native Wine / 12/31/2016 X
#2427, 3035 Logan C Beer Renewal
Avenue
3. Mayor Hart' s recommendation of the following appointments:
Appointee Board/Commission Expiration New or Re-
Date Appointment
Ron Welper Solid Waste 01/01/2018 New
Management Commission
Mr. Morrissey asked for clarification on the Rooff Development CURA tax
exemptions.
Noel Anderson, Community Planning and Development Director, explained that the
city has a CURA area and anyone owning property within those areas can apply for
tax exemptions without regard to whether or not they are owner occupied or
rentals. He stated that Rooff Development is compliant with all CURA guidelines.
Roll call vote-Ayes: Seven. Motion carried. Item 1.b.3.A - Ayes: Six. Abstain:
One (Welper) .
Mr. Lind asked to have 1.A.12.discussed and voted on separately.
Item 1.A.12
145509 - Morrissey/Jones
Resolution setting bid opening as March 24, 2016 and the date of public hearing
as March 28, 2016 and directing process for the sale of certain tracts of land
formerly portions of West San Marnan Drive; and instruct City Clerk to publish
notice.
145510 - Lind/Schmitt
To table indefinitely. Ayes: Three. Nays: Four (Morrissey, Jones, Amos, Welper)
Motion failed.
Mr. Lind stated that the city does not have clear title to these properties and
therefore, cannot sell what it doesn't actually own. He went on to say that the
city should wait to see what the Supreme Court decides before moving forward
with these notices.
Mr. Schmitt stated that tabling this item would be the most prudent thing to do.
Mr. Morrissey asked if City Attorney, Dave Zellhoefer, could give his insight to
council on this item.
Dave Zellhoefer, City Attorney, stated that the reason the Supreme Court is
reviewing this case is because of an appeal by the plaintiffs. That appeal was
in response to the Supreme Court' s decision in 2014 finding the city not guilty
of the plaintiffs' original claim of contempt. He added that the court had
recognized that the city was simply attempting to comply with the mandates of
Section 306.23 and, since 2014, no one on the plaintiffs' side has filed
anything with the courts on this appeal. He went on to say that nothing that is
before the courts at this time should hamper the city' s attempt to move forward
with compliance and therefore, the city should do just that. Mr. Zellhoefer
stated that the Supreme Court has ordered the city to comply with Section 306.23
and that tabling this item would only serve to further the opposition and cost
the city more.
Mr. Lind asked if it would be wise to return to mediation on this.
Mr. Zellhoefer stated that all three parties, the plaintiffs, Sunnyside South,
and the City of Waterloo, were in mediation on January 4, 2016 at a considerable
January 19, 2016 Page 4
cost to the city. He said that during mediation the city offered and suggested
cooperation as a means to an end to this and the plaintiffs would have nothing
to do with it. The plaintiffs do not want to settle this and therefore,
mediation accomplishes nothing.
Mr. Morrissey asked if it is true that the sooner the city gets this over with
the less money it will cost the taxpayers.
Mr. Zellhoefer affirmed that it would indeed save money by moving forward with
this item.
Mr. Morrissey spoke in opposition to tabling.
Suzy Schares, City Clerk, interjected to remind council that there have been two
lawsuits. In the case of the first, the city won all the way through the
Supreme Court. This is the second lawsuit filed by the same attorneys with a
different group of citizens through which they found a different reason to sue
the City. And, as in the first case, the city had won at every level until it
reached the Supreme Court.
Mr. Amos clarified that moving forward in compliance of Section 306.23 is what
is being voted on at this time.
Mr. Schmitt questioned what the downside would be of tabling this item.
Mr. Zellhoefer stated that nothing before the Supreme Court at this time has
anything to do with Section 306.23, but has everything to do with whether or not
the city was in contempt in 2014. This item is an attempt to move forward with
complying with Section 306.23 which the Supreme Court has ordered the city to
do. Tabling this would only serve to delay that compliance and cost the city
more money.
Previous Motion:
Roll Call Vote Ayes: Four. Nays: Three (Lind, Schmitt, Jacobs) . Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-048.
David Dryer, 3145 West 4 t Street, questioned if there could be mechanic' s liens
placed on these properties by the contractors involved in the development of
them.
Mayor Hart recognized Steve Nielson, Library Director.
RESOLUTIONS
145511 - Schmitt/Welper
that "Resolution awarding Bid for Two (2) 10' and Two (2) 13' V-Box Spreaders to
Tri-State Equipment Co in the amount of $59, 036 for the Street Department", be
adopted. Roll call vote-Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2016-049.
145512 - Schmitt/Welper
that "Resolution approving Notice of Intent for NPDES coverage under general
permit to the Iowa Department of Natural Resources for FY 2016 Fitzway and
Galactic Drive Extensions, Contract No. 896, and authorize Mayor to execute said
document", be adopted. Roll call vote-Ayes: Seven.
Mr. Lind questioned if the City could use TIF funds to match the Rise grant for
this project.
Noel Anderson, Community Planning and Development Director, explained that local
option sales tax funding is being used.
Resolution adopted and upon approval by Mayor assigned No. 2016-050.
145513 - Schmitt/Welper
that motion to approve Change Order No. 2 for a net increase of $52,257 .28 for
the F.Y. 2015 Sidewalk Repair Program - Zone 5 and Trail Repairs, Contract No.
878, and authorize the Mayor and City Clerk to execute said document", be
approved. Roll call vote-Ayes: Seven.
145514 - Lind/Schmitt
January 19, 2016 Page 5
that "Resolution approving Completion of Project and Recommendation of
Acceptance of Work for work performed by B & B Builders & Supply, of Waterloo,
Iowa, at a total cost of $306, 728. 10 for the F.Y. 2015 Sidewalk Repair Program -
Zone 5 and Trail Repairs, Contract No. 878", be adopted. Roll call vote-Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2016-051.
145515 - Lind/Schmitt
that "Resolution approving award of contract to Daktronics, Inc. , of Brooking,
South Dakota, in the amount of $277, 505. 00, and approving the contract, bonds,
and certificate of insurance for the Riverfront Stadium Video Display Board, and
authorize Mayor and City Clerk to execute said documents", be adopted. Roll
call vote-Ayes: Seven.
Paul Huting, Leisure Services Director, explained that the owners of the team
have $105, 000 invested in this and they believe Daktronics is the right bid to
accept.
Travis Nichols, Facility Project Manager Leisure Services, explained that the
difference between the base bids was $6, 905.00. Daktronics is highly recommended
due to the commonality with the board used in Cedar Rapids to allow for parts to
be shared. A third party reviewed the three systems and recommended Daktronics
as the industry leader.
Resolution adopted and upon approval by Mayor assigned No. 2016-052.
145516 - Lind/Schmitt
that "Resolution approving Professional Service Agreement with AECOM Technical
Services, Inc. for an amount not to exceed $11,200. 00 in conjunction with the
Park Avenue Bridge Conceptual Design Review; and authorize Mayor to execute said
document", be adopted. Roll call vote-Ayes: Seven.
Mr. Lind questioned if AECOM was coordinating with the consultant that is doing
the whitewater project.
Eric Thorson, City Engineer, agreed and noted that AECOM will be helping in
reviewing some of the whitewater plans.
Resolution adopted and upon approval by Mayor assigned No. 2016-053.
145517 - Morrissey/Welper
that "Resolution approving Supplemental Agreement No. 1 with AECOM, of Waterloo,
Iowa, in the maximum amount payable of $24, 700.00 for Sink Creek Channel Clean
Out and Shaping, and authorize Mayor to execute said document", be adopted.
Roll call vote-Ayes: Seven.
Eric Thorson, City Engineer, explained that this is the next step in a project
designed to shape the channels to improve water flow. He also explained that
funding would need to be found for this project.
Mr. Schmitt asked if this is for channels within the city or if this would
include county as well. He stated that the county might be another source of
funding if these included county land as well.
Resolution adopted and upon approval by Mayor assigned No. 2016-054 .
145518 - Morrissey/Welper
that "Resolution approving the Professional Services Agreement in the amount of
$219, 000 and $5, 000 of reimbursement to Invision of Waterloo, Iowa in
conjunction with the Waterloo Center for Arts parking lot renovation, and
authorize Mayor to execute said document", be adopted. Roll call vote-Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2016-055.
145519 - Morrissey/Welper
that "Resolution approving completion of Project and Recommendation of
Acceptance of work for the work performed by the Failor Hurley Construction Co.
of Waterloo, Iowa, and Recommend Payment of Pay Estimate No: 2 (Final - Project
Retainage) of $1, 529.54 for the FY-2015 Project for the Replacement of Seven (7)
Windows and Cleaning and Tuck Point Masonry Project at the General Aviation
Terminal Building at the Waterloo Regional Airport", be adopted. Roll call
vote-Ayes: Seven.
January 19, 2016 Page 6
Resolution adopted and upon approval by Mayor assigned No. 2016-056.
145520 - Lind/Schmitt
that "Resolution accepting the Takeover Agreement along with the North American
Specialty Insurance Company of Itasca, Illinois, via a contract between the City
of Waterloo, Iowa, and the Prairie Construction Co. , for the failure of Prairie
Construction Co. for the completion of the Roofing and Siding Construction
Project for Aircraft Storage T-Hangar Row A, at Waterloo Regional Airport, and
direct the Mayor, City Clerk and the City Attorney to execute said document", be
adopted. Roll call vote-Ayes: Seven.
Mr. Morrissey asked if the city lost money on this and, if so, did we recoup any
of the lost funds.
Keith Kaspari, Airport Director, explained that the city did not lose any money
in connection with this project.
Mr. Lind clarified that the bond company is paying the new contractor.
Resolution adopted and upon approval by Mayor assigned No. 2016-057 .
145521 - Lind/Schmitt
that "Resolution approving the first of two payments for FY 2016 to Greater
Cedar Valley Alliance for work towards economic development, in the amount of
$14, 250 base amount with $10, 000 in incentive funds, for a total payment of
$24, 250", be adopted. Roll call vote-Ayes: Seven.
Mr. Lind expressed concern with Council not receiving a listing of jobs and what
those jobs paid or any reports of that kind from the Alliance.
Noel Anderson, Community Planning and Development Director, explained that they
give quarterly reports to council when the projects are announced.
Mr. Morrissey expressed his support of a "fair chance" policy and hopes the
lines of communication remain open.
Resolution adopted and upon approval by Mayor assigned No. 2016-058.
ORDINANCES
145522 - Schmitt/Lind
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 second time. Roll call vote-Ayes: Seven. Motion carried.
145523 - Schmitt/Lind
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried.
145524 - Schmitt/Lind
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 considered and passed for the third
time and adopted. Roll call vote-Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 5329.
ORAL PRESENTATIONS
Jim Chapman, 224 Bertch, praised Council for their good dialogue.
Forest Dillavou, 1725 Huntington Road, asked that legal counsel for the City be
sued for giving bad legal advice on Sunnyside South lawsuit.
Mayor Hart thanked community members for donating coats, hats, gloves, and
suits.
January 19, 2016 Page 7
145525 - Schmitt/Morrissey
that the above oral comments be received and placed on file. Voice vote-Ayes:
Seven. Motion carried.
ADJOURNMENT
145526 - Schmitt/Morrissey
that the Council adjourn at 6:22 p.m. Voice vote-Ayes: Seven. Motion carried.
u ares, CMC
Cit Clerk/Human Resource Director