HomeMy WebLinkAboutMinutes-2/22/2016February 22, 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`; February 22, 2016. Mayor Pro -
tem Ron Welper in the Chair. Roll Call: Jacobs, Jones, Schmitt, Lind, Morrissey, Welper,
and Amos.
Prayer or Moment of Silence.
Pledge of Allegiance: Paul Huting, Leisure Services Director
145624 - Schmitt/Morrissey
that the Agenda, as proposed, for the Regular Session on Monday, February 22,
2016, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
145625 - Schmitt/Morrissey
that the Minutes, as proposed,, for the Regular Session on Monday, February 15,
2016, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA.
145626 - Schmitt/Morrissey
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
February 22, 2016, in the amount of $3,287,693.43, 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. 2016-123.
2. Resolution approving Order accepting Acknowledgment/Settlement Agreement
and check for $300.00 from Corks Grocery, 1956 Lafayette, Waterloo, Iowa
50703 for sale of tobacco to minor violation -first offense.
Resolution adopted and upon approval by -Mayor assigned No. 2016-124.
3. Resolution approving Order accepting Acknowledgment/Settlement Agreement
and check for $300.00 from Dollar General" Store #4698, 2935 Logan Ave.,
Waterloo, Iowa 50703, for sale of tobacco violation -first offense.
Resolution adopted and upon approval by Mayor assigned No. 2016-125.
4. Resolution setting the date of public hearing as Thursday, March 10, 2016
at 5:30 p.m. to approve the FYE2017 budget and instruct the City Clerk to
publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2016-126.
5. Resolution setting date of public hearing on the request of Edward Shaw to
purchase vacant land acquifed through 657A, generally located at 927
Mullan Avenue for the minimum bid of $3,000, as March 7, 2016, and
instruct City Clerk to publish notice.
Resolution adopted and upon approval'%„by Mayor assigned No. 2016-127.
6. Resolution setting the date of public hearing- as March 7, 2016 for 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; and instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2016-128.
7. Resolution approving request from Joe Rolfes for a waiver for a concrete
driveway located at 2124 Westview Avenue with the elimination of the
sidewalk section due to the inability -to meet grade requirements.
Resolution adopted and upon approval by Mayor assigned No. 2016-129.
February 22, 2016
b. Motion to approve the following:
J.
'a.
b.
c.
2.
a.
b.
c.
d.
e.
f.
g.
Page 2.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Danielle Rohret,
Project Specialist
HOME Basics Course
Austin, TX
April 8.-16,
2016
$2,360.00
Director Trelka
2016 Iowa Police
Chiefs Conference
Coralville,
IA
May 17-20,
2016
$750.00
Paul Huting,
Leisure Services
Director
Iowa Park and
Recreation
Association
Conference
Council
Bluffs, IA
March 28-
31, 2016
$594.04
Approved Beer, Liquor, and Wine Applications
Name & Address of
"Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
D'Vine Medical Spa,
2515 Cyclone Drive
C Liquor
.
Renewal
.
11/30/2016
Tokyo Japanese
Steakhouse, 1931 Sears
Street
C Liquor
Renewal
2/13/2017
X
Prime Mart, 3535
Marigold Drive
B Wine / C Beer
/ E Liquor`
Renewal
1/19/2017
X
Elitte Cafe Bar, 1108
Jefferson Street
C Liquor
Renewal,
2/7/2017
X
Carlos O'Kelly's, 2060
Sovia Drive
C Liquor
w/Outdoor
Service and
Catering
Renewal
12/30/2016
X
B &,B East, 1615
Bishop Avenue
B Wine / C Beer
/ E Liquor
Renewal
2/13/2017
X
Blessed Sacrament
Church, 650 Stephan
Avenue
Special C Liquor
(5 -Day)
New
3/7/2016
3. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration
Date
New or Re -
Appointment
Lisa Munoz
Community Development
Board
3/1/2019
New Appointment
Roll call vote -Ayes: Seven. Item 1.B.1.B. Roll call vote -Ayes: Six: Nays: One
(Schmitt). Motion carried.
PUBLIC HEARINGS
145627 - Schmitt/Morrissey
that proof of publication of notice of public hearing on F.Y. 2016 Flood Control
Gatewell Repairs, Contract No. 895, as published in the Waterloo Courier on
February 8, 2016, be received and placed on file. Voice vote -Ayes: Seven.
Motion carried.
This being the time and place WofYpublic hearing, the Mayor -called for written
arid oral objections and there were none.
145628 - Schmitt/Morrissey
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
145629 - Schmitt/Morrissey
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with the F.Y. 201'6 Flood Control Gatewell Repairs, Contract
No. 895", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval bykMayor assigned No. 2016-130.
145630 - Schmitt/Morrissey
February 22, 2016 Page 3
that "Resolution authorizing to proceed in conjunction with the F.Y. 2016 Flood
Control Gatewell Repairs, Contract No. 895", be adopted. Roll -call vote -Ayes:
Seven. Motion carried.
Resolution adopted and upon.#approval by Mayor assigned No. 2016-131.
145631 - Schmitt/Morrissey
Motion to receive and file and instruct City Clerk to read bids and refer to the
City Engineer for review.
Bidder
Bid
Security
Bid Amount
PCI
S°
$410,555.00
Tricon Construction Group
Dubuque, IA
50
$493,000.00
WRH, Inc.
Amana, IA
So
$422,500.00
Ricklef's Excavating,
Anamosa, IA
5%
$394,750.00
Voice vote -Ayes: Seven. Motion carried.
145632 - Lind/Schmitt
that proof of publication of notice of public hearing on F.Y. 2016 Midport
Boulevard Extension Phase III, Contract No'. 894, as published in the Waterloo
Courier on February 8, 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.
145633 - Lind/Schmitt
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
145634 - Lind/Schmitt
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with the F.Y. 2016 Midport Boulevard Extension Phase III,
Contract No. 894", be adopted.Roll-call vote -Ayes: Seven. Motion carried.
Resolution adoptedand upon approval by Mayor assigned No. 2016-132.
145635 - Lind/Schmitt
that "Resolution authorizing to proceed in conjunction with the F.Y. 201'6
Midport Boulevard Extension Phase III, Contract No. 894", be adopted. Roll -call
vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-133.
145636 - Lind/Schmitt
Motion to receive and file and instruct City Clerk to read bids and refer to the
City Engineer for review.
Bidder
Bid Security
Bid Amount
PCI, Inc.
Reinbeck, IA
5%
$592,448.88
Cunningham Construction Inc.
Cedar Falls, IA
5%
$573,216.45
February 22, 2016
Page 4
Cedar Valley Corp.
Waterloo, IA
5%
$559,975.14
Vieth Construction
Cedar'Falls, IA
5%
$757,991.56
Pirc Tobin Construction
5%
$639,314:63
Voice vote -Ayes: Seven.- Motion carried.
145637 - Morrissey/Schmitt
that proof of publication -of notice of public` hearing on the request by Alex
Fuller, Love's Travel Stops & Country Stores, for a site plan amendment to the
"B -P" Business Park District to allow for the construction of a 7,000 SF retail
convenience store/fast food restaurant and 4,975 SF tire service and light truck
service center, located at the intersection of Highway 63 and Gre yiound }Drive,
directly to the north of Highway 20, as published in the Waterloo Courier on
February 15, 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.
145638 - Morrissey/Sbhmitt
that the hearing' be closed and that recommendation of approval of Planning,
Programming and Zoning Commission be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
Mr. Schmitt questioned if there was a timing issue to getting this passed.
Aric Schroeder, City Planner, explained that the property cannot'be closed until
the, site plan amendment is approved but the development agreement will not be
brought until the next 'Council meeting so it could wait until then.
145639 - Morrissey/Schmitt
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 in conjunction with the'
request by Alex Fuller, Love's Travel Stops & Country Stores, for a site plan
amendment to the "B -P" Business Park District to allow for the construction of a
7,000 SF retail convenience store/fast food restaurant and 4,975 SF tire service
and light truck service cente~r, located at the intersection of Highway 63 and
Greyhound Drive, directly to the north of Highway 20", be received, placed on
file, considered and passed for the first time. Roll call vote -Ayes:. Seven.
Motion passed.
145640 - Morrissey/Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Five. Nays: Two (Lind,
Schmitt). Motion failed.,
145641 - Schmitt/Amos
that proof of publication of ''notice of public hearing on the request by
Christian Community Development (House of Hope) to rezone approximately 0.71
acres of land from "R-4"' Multiple Residence District to "C-1" Neighborhood
Commercial District, for the purposes of establishing a group, home with office
space, located at .845` West 4th Street, as published in the Waterloo Courier on
February 15, 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.
145642 - Schmitt/Amos`
`that the hearing be closed .and that `recommendation of approval of Planning,
Programming and Zoning Commission be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
Mr. Schmitt questioned if there is a timeliness issue in getting this passed
tonight.
February 22, 2016 Page 5
Chris Wendland, Attorney for the applicant, noted that a week or two delay will
not hurt the project.
145643 - Schmitt/Amp's
that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo
Zoning Ordinance, by -amending the Official Zoning Map referred to in Section 10-
4-4, approving a Rezone of Certain Property in conjunction with the request by
Christian Community Development (House of Hope) to rezone approximately 0.71
acres of land from "R-4" Multiple Residence District to "C-1" Neighborhood
Commercial District, for the ,purposes of establishing a group home with office
space, located at 845 -West 4th Street", be received, placed on file, considered
and passed for the first time. Roll call vote -Ayes: Seven.
145644 - Schmitt/Amos
that rflles requiring ordinances to be considered and voted for passage at 'two
prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Three (Lind,
, Schmitt, Jacobs). Motion failed.
145645 - Lind/Schmitt
that proof of publication of notice of public hearing on F.Y. 2016 Shaulis Road
Trail Extension - Phase I, Contract No. 858, as published in the Waterloo
dourier on February 9, 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.
David Dryer, 3145 W. 4t' Street, expressed concern with using City funds to pay`
for the project.
Eric Thorson, City Engineer, explained that this project will be paid for" by
State and Federal funds.
145646 - Lind/Schmitt
.that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven., Motion carried.
145647: -1' Lind/Schmitt
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with the F.Y. 2016 Shaulis Road Trail Extension - Phase I,
Contract No. 858", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-134.
145648 Lirid/Schmitt
that "Resolution authorizing to proceed in conjunction with the F.Y. 2016
Shaulis Road Trail Extension - Phase I, Contract No. 858", be adopted. Roll -
call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-135.
RESOLUTIONS ff
145649 - Morrissey/Schmitt
to approve Change Order No. 7 for a net increase of $143,225.71 for the F.Y.
2014 Street Reconstruction Program, Contract No. 859; and authorize the Mayor
and City Clerk to execute said document. Roll call vote -Ayes: Seven.
Eric Thorson, City Engineer, explained that this is the final increase/decrease
-.of all quantities. The increase was due to bad soils in the project that
required extra fill, rocky and excavation work.
David Dryer, 3145 W. 4th Street, questioned why there are change orders and
suggested 'someone be held responsible.
145650 - Lind/Schmitt
that "Resolution' approving Completion of° Project and Recommendation of
Acceptance of Work for work -performed ,by Aspro, Inc., of Waterloo, Iowa, at a
total cost of $8,398,996.75 for the F.Y. 2014 Street Reconstruction Program,
February 22, 2016 Page 6
Contract No. 859, and receive and file two (2) year maintenance bond",be
adopted. Roll call vote -Ayes: Seven.
Mr. Lind confirmed that the previous item increase was on this project.
Jim Chapman, 224 Bertch, questioned why the project says FY 2014.
Eric Thorson, City Engineer', explained that the project was started in 2014.
Resolution adopted and upon approval by Mayor assigned No. 2016-136.
ORDINANCES
145651 - Morrissey/Schmitt
`that "an Ordinance amending the 2008 Traffic Code by adding Subsection (8) E.
Fourth St. of Section 549, Loading Zones by inserting - E. Fourth Street Alley
behind 315 E. Fourth Street with a thirty_ (30) minute time limit", be received,
placed on file, considered and passed for the first time. Roll call vote -Ayes:
Seven. Motion carried.
Sandie Greco, Traffic Superintendent, explained that. delivery trucks for the
'adjacent building need a place to park while delivering because the alley gets
blocked.
145652 - Morrissey/Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
145653 - Morrissey/Schmitt
that "an Ordinance amending the 2008 Traffic Code by adding Subsection (8)' E.
Fourth St. of Section 549, Loading Zones by inserting - E. Fourth Street - Alley
behind 315 E. Fourth Street with a thirty (30) minute time limit", 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. 5335.
OTHER COUNCIL BUSINESS
145654 - Lind/Schmitt
to approve. Change Order, 1 in the '"amount of $1,066.00 for Young Plumbing &
Heating of Waterloo; IA, in conjunction with Waterloo Convention Center Boiler
Replacement; and authorize the Mayor to execute said document. Roll call`vote-
Ayes: Seven.
145655 —Schmitt/Morrissey
that renewal application for Class C Liquor®License w/Sunday Sales and Outdoor
Service for 'Zentra, 229 E. 4th Street, Expiration 12/19/2016, be received,
placed on file and approved. (Staff recommends denial) Roll call vote-Nayes
Seven. Motion failed.
Suzy Schares, City Clerk, explained difficulties in the past year with gaining
access to the property for the purpose of required inspections. She stated that
the police department is recommending denial and neither the fire department nor
the health department has signed off on this property because they have not been
able to inspect it. She added that the recommendation for denial is based on the
owners' ,non-compliance with the health and safety standards required to obtain a
liquor license.
ORAL PRESENTATIONS
Jim Chapman, 224 Bertch, expressed concern with tax increases.
David" Dryer, 3145 W. '4t'' Street, recommended not cutting police or fire during
this budget cycle and recommended reducing other positions. He expressed concern
with the handling of funds in the. City.
Forest Dillavou, 1725 Huntington Road, expressed concern with salary increases
and the property tax rate.
John Sherban, 1715 Robin Road, questioned where the City is with the American
Legion project.
February 22, 2016
Page 7
Mr. Welper explained that the contractor that was hired by. the American Legion
to repair the roof left -a large gap in the roof.
Bob Manning, Cedar Trails Partnership, thanked the City for the partnership on
maintaining the trails.
Mr. Jacobs challenged the department heads to set sustainable budgets.
145656 - Morrissey/Schmitt
that the above oral comments be received and placed- on file. Voice vote2Ayes:
Seven. Motion carried.
ADJOURNMENT
145657 - Morrissey/Schmitt
that the Council adjourn at.6:11 p.m. Voice vote -Ayes: Seven. Motion carried.
Suzy chares,CMC
City Clerk/Human Resource Director