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HomeMy WebLinkAboutMinutes-4/04/2016April 4, 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, April 4, 2016. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Jones, Lind, Amos, Schmitt, and Welper. Prayer or Moment of Silence. Prayer led by Imam Sulejman Causevic of the Bosnian Islamic Association and translated by Evelina Tahirovic. Pledge of Allegiance: Mayor Quentin Hart. 145825 - Welper/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, April 4, 2016, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 145826 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, March 28, 2016, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Hart recognized Forrest "Tony" Graves as the April 2016 Team Member of the Month. Presentation by Tammy Turner, Waste Trac Recycling Educator with Black Hawk County Solid Waste Management Commission, on the Electronics & Household Hazardous Materials Drop-off Event to be held on Saturday, April 9, 2016. CONSENT AGENDA 145827 - 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 April 4, 2016, in the amount of $2,445,708.35, 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. 2016-231. 2. Resolution preliminarily approving plans, specifications, form of contract, etc. and setting date of bid opening as April 21, 2016, and date of public hearing as April 25, 2016, for the F.Y. 2016 Sidewalk Repair Program - Zone 6 and Trail Repairs, Contract No. 902; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Resolution adopted and upon approval by Mayor assigned No. 2016-232. 3. Resolution preliminarily approving specifications, bid documents, etc., and setting date of bid opening as May 5, 2016 and the date public hearing as May 9, 2016 for the Hawkeye Lift Station Wet Well Rehabilitation Project, Contract No. 911, and instruct City Clerk to publish notice of said hearing. Resolution adopted and upon approval by Mayor assigned No. 2016-233. 4. Resolution setting the date for a public hearing as Monday, April 18, 2016 to review the proposed funding recommendations set forth by the Community Development Board for the FY2017 One -Year Action Plan for CDBG and HOME Program Funds for the Waterloo/Cedar Falls Consortium. Resolution adopted and upon approval by Mayor assigned No. 2016-234. 5. Resolution preliminarily approving plans, specifications, form of contract, estimate of cost, etc., and setting date of bid opening as April 21, 2016 and setting date of public hearing as April 25, 2016 for the F.Y. 2016 Fitzway Drive and Galactic Drive Extensions in the City of Waterloo, Iowa, Contract No. 896, and instruct City Clerk to publish notice of said hearing. Resolution adopted and upon approval by Mayor assigned No. 2016-235. April 4, 2016 b. Motion to approve the following: 1. a. b. 2. a. b. Page 2 Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Captain Mohlis, Police Department Introduction to Intelligence for Law Enforcement Johnston, IA May 24-26, 2016 $455.00 Waste Management Director Applicant, Waste Management Second round interviews Waterloo, IA March 8, 2016 $902.94 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Red Carpet Golf, 1409 Newell Street C Liquor/Outdoor Service Renewal 04/04/2017 X El Senor Tequila Nightclub, 118-120 E. llth Street C Liquor/Outdoor Service Renewal 02/18/2017 X 3. May r IIart's roc mmcndati n f the f 11 wing app intmcnts: App intcc Board/C mmisci n Ex_ irati n Datc Ncw r Pc Ap intmcnt Carric Dios urg Human Rights 134/01/2 19 3. Mayor Hart's recommendation of the appointment of Carrie Diesburg to the Human Rights Commission. Tabled. Mr. Lind asked for clarification of item 1.a.1., specifically regarding a payment to Hall and Associates and a payment to JSA Development for the KWWL building. John LaPointe, Interim Waste Management Director, clarified that the consent decree is complete but the city is still using legal services for the NPDES permit appeal to the State of Iowa. The State of Iowa is trying to unfairly restrict or lower limitations due to the condition of the diffuser in the Cedar River and this is the reason for the appeal. Mr. LaPointe explained that a channel has been cut that is making the water go around the diffuser. He stated that the cut channel was an act of God and believes that the city should not be penalized for it. Mr. Jacobs questioned the limitations. John LaPointe explained that, when they impose mixing limitations on the city for items like ammonia, reducing their account from 100% to 73% allowed across the diffuser, it puts the city into a bad position. He stated that they are appealing the decision while restoring the diffuser with a goal to regain the 100%. Mr. Schmitt questioned Hall and Associates' relationship with Iowa EPA and the DNR. John LaPointe explained they have good knowledge in working with the Iowa EPA and the DNR. Bruce W. Kaesser, 500 Sycamore Street, asked who caused the channel to be cut. John LaPointe explained the channel naturally diverted around the diffuser. Noel Anderson, Community Planning & Development Director, stated that, as part of the development agreement, they felt it prudent to hire JSA Development to help with the Brownfield Greenfield tax credit application and the historic tax credit application as they were actively working downtown on these projects. Their services were utilized as part of the development agreement and paid on an hourly basis. Mr. Lind, regarding item number b.l.b.l.b., questioned hiring Waters and Company to conduct the search. April 4, 2016 Page 3 Mayor Hart clarified that this was to bring the person into town for the interview. Michelle Weidner, Chief Financial Officer, confirmed that this was for travel expenses apart from the search contract with Waters and Company. Mr. Lind, questioned if they are still under contract. Mayor Hart confirmed that a contract is still in place. An interview did not work out and they have a list of names but went back to continue the process with them. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 145828 - Schmitt/Welper that proof of publication of notice of public hearing on approval of the First Amendment to Development Agreement to authorize conveyance of Lot 3 of Block 16 of Hayes Addition and a portion of alley to be vacated to 3 Little Lambs, LLC for $1.00, as published in the Waterloo Courier on March 25, 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. Noel Anderson, asked that the item be tabled to allow them to work out some possible changes in the amounts of this agreement over the next week or so. Bill Kammeyer, 526 Home Park Boulevard, requested that the City list the names of individuals within a company. 145829- Morrissey/Schmitt to table public hearing for three weeks. Roll Call Vote: Seven. Motion carried. 145830 - Lind/Schmitt that proof of publication of notice of public hearing on the 2016 Lift Stations and Complaint Mowings with Complaint Snow Removals for Waste Management Services and Code Enforcement Department, as published in the Waterloo Courier on April 1, 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. 145831 - Lind/Schmitt that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145832 - Lind/Schmitt that "Resolution confirming specifications, bid document, in conjunction with the 2016 Lift Stations and Complaint Snow Removals", be adopted. Roll -call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 145833 - Lind/Schmitt form of contract, etc. Mowings with Complaint Motion carried. 2016-236. that "Resolution authorizing to proceed in conjunction with Stations and Complaint Mowings with Complaint Snow Removals", be call vote -Ayes: Seven. Motion carried. the 2016 Lift adopted. Roll - Resolution adopted and upon approval by Mayor assigned No. 2016-237. 145834 Lind/Schmitt Motion to receive and file and instruct City Clerk to read bids and refer to City Attorney for review. Bidder Bid Security Bid Amount B&B Lawn Care Inc. Waterloo, IA Ck# 101437189 $1,500.00 Opt A $600.00 Opt B $600.00 April 4, 2016 Voice vote -Ayes: Seven. Motion carried. 145835 - Welper/Morrissey Page 4 that proof of publication of notice of public hearing on the Waterloo Five Sullivan Brothers Convention Center Chair Replacement, as published in the Waterloo Courier on March 25, 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. 145836 - Welper/Morrissey that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145837 - Welper/Morrissey that "Resolution confirming specifications, bid document, form of contract, etc. in conjunction with the Waterloo Five Sullivan Brothers Convention Center Chair Replacement", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2016-238. 145838 - Welper/Morrissey that "Resolution authorizing to proceed in conjunction with the Waterloo Five Sullivan Brothers Convention Center Chair Replacement", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2016-239. 145839 - Welper/Morrissey Motion to receive and file and instruct City Clerk to read bids and refer to Building Official for review. Bidder Bid Security Bid Amount Opt C $31.90 Opt D $49.50 Opt E $31.90 R&D Lawn Care Waterloo LLC CIO 598005448 $1,500.00 Opt A $200.00 Opt B $250.00 Opt C $30.00 Opt D $45.00 Opt E $25.00 Voice vote -Ayes: Seven. Motion carried. 145835 - Welper/Morrissey Page 4 that proof of publication of notice of public hearing on the Waterloo Five Sullivan Brothers Convention Center Chair Replacement, as published in the Waterloo Courier on March 25, 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. 145836 - Welper/Morrissey that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145837 - Welper/Morrissey that "Resolution confirming specifications, bid document, form of contract, etc. in conjunction with the Waterloo Five Sullivan Brothers Convention Center Chair Replacement", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2016-238. 145838 - Welper/Morrissey that "Resolution authorizing to proceed in conjunction with the Waterloo Five Sullivan Brothers Convention Center Chair Replacement", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2016-239. 145839 - Welper/Morrissey Motion to receive and file and instruct City Clerk to read bids and refer to Building Official for review. Bidder Bid Security Bid Amount Storey Kenworthy Des Moines, IA N/A Chairs: $88,190.00 Dollies: $6,829.24 Labor: $2,736.00 Total: $97,755.24 Voice vote -Ayes: Seven. Motion carried. 145840 - Welper/Morrissey that "Resolution awarding contract to Storey Kenworthy of Des Moines, Iowa, in the amount of $97,755.24 in conjunction with the Waterloo Five Sullivan Brothers Convention Center Chair Replacement", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2016-240. RESOLUTIONS 145841 - Morrissey/Lind that "Resolution approving an Impose and Use Application for a maximum Passenger Facility Charge (PFC) of $4.50 per PFC with an effective date of June 1, 2016, and an estimated expiration date of April 1, 2023, for an estimated total collection of $261,095.00 to cover the Waterloo Regional Airport's estimated ten percent local match requirement for the FAA's FY -2016 program for airfield April 4, 2016 Page 5 improvements at Waterloo Regional Airport, together with the approval of the Waterloo Regional Airport Board, and approve submission of said application to the Federal Aviation Administration", be adopted. Roll call vote -Ayes: Seven. Mayor Hart requested further information. Keith Kaspari, Airport Director, explained that this is a standard programming method to provide 10% local match for federally funded projects. The Airport is undertaking a sizable project this year of approximately 2 million dollars and desire to use FAT funds on hand toward this project and impose the charge to help met the 10 percent match. Mayor Hart requested further information of numbers at the airport. Keith Kaspari added that the pavement needs to be improved to accommodate the types of aircrafts utilizing the airport. Mayor Hart questioned how the numbers are doing at the airport. Keith Kaspari explained that attendance is up by 14.5% when comparing the first quarter of 2016 attendance with that of the first quarter of 2015. Resolution adopted and upon approval by Mayor assigned No. 2016-241. 145842 - Welper/Amos that "Resolution approving award of contract to Aspro, Inc., of Waterloo, Iowa in the amount of $6,290,951.17, and approving the Contract, Bonds, and Certificate of Insurance for the F.Y. 2016 Street Reconstruction Program (Base Bid + Alternate A + Division II), Contract No. 898; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Mr. Jacobs questioned the comparison of asphalt to concrete and if asphalt lasts as long and costs roughly the same as concrete. Eric Thorson, City Engineer, clarified that streets are designed for a 40 -year life and will last that long with proper maintenance. Mr. Jacobs questioned if asphalt will take more maintenance than concrete. Eric Thorson stated that he does not believe there would be more maintenance costs with asphalt than with concrete. Forest Dillavou, 1725 Huntington Road, recalled from a previous meeting that the asphalt people stated that it will need to be reworked or recoated after 15 years and he recommended the city look further into it. Bill Kammeyer, 526 Home Park Blvd., expressed concern over the city only receiving one bid on the street repair projects. Resolution adopted and upon approval by Mayor assigned No. 2016-242. 145843 - Welper/Amos that "Resolution approving award of contract to Aspro, Inc., of Waterloo, Iowa in the amount of $1,711,715.06; and approving the Contract, Bonds, and Certificate of Insurance for the F.Y. 2016 Asphalt Overlay Program, Contract No. 897; 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. 2016-243. 145844 Lind/Schmitt that "Resolution authorizing an exception to the City of Waterloo Purchasing Procedures to approve the purchase of one used Vermeer Horizontal Grinder (HG6000) in the amount of $181,500 from Vermeer Iowa, of Tipton, Iowa, to support operations at the city yard waste site", be adopted. Roll call vote - Ayes: Seven. Motion carried. Mr. Lind questioned why the funds are coming from the Sanitation Funds. Mark Rice, Public Works Director, affirmed that the money will come out of the operational budget and there are enough funds. Mr. Schmitt questioned how well the refurbished grinder has worked in the past. April 4, 2016 Page 6 Mark Rice explained that the refurbished machine had proven unreliable over the years and was expensive to maintain. The new machine can handle logs and stumps and will better accommodate the amount of work the city has to do. Mr. Schmitt questioned if the refurbished machine was simply the wrong unit purchased for the tasks to be performed. Mark Rice explained that the recommended machine has been overhauled, the city has demoed it for the past two weeks, and it comes with warranties. He added that the vendor is very reputable local dealer. Mr. Schmitt asked what the cost of a new machine would be. Mark Rice stated that the cost of a new one would be approximately $600,000.00. He added that the city is getting $70,000.00 for the trade in. Mayor Hart clarified that there is a new program with needs for grinding stumps and logs and this should be a beneficial purchase. David Dryer, 3145 W. 4th Street, thanked the Public Works Director for purchasing a new grinder. He recommended making larger pieces of wood available to residents to help with wear and tear on the new grinder. Resolution adopted and upon approval by Mayor assigned No. 2016-244. 145845 - Morrissey/Schmitt that "Resolution approving Supplemental Agreement No. 1 with AECOM Technical Services, Inc., of Waterloo, Iowa to provide assistance to the Waste Management Department in an amount not to exceed $59,000", be adopted. Roll call vote - Ayes: Seven. Mayor Hart noted that interviews are continuing until the right person is found and the contract will be extended. Mr. Lind questioned the previous agreement amount and if the previous Director could be rehired instead of continuing with the search and the AECOM Contract. Michelle Weidner, stated that the previous PSA had a time limit and an amount cap. The full amount was not used from the previous agreement and she believes the amount left in this agreement will be enough funds for six months. Doug Schindel, AECOM, stated that the previous contract was on an hourly basis with a balance remaining of just under $30,000.00. He indicated that the time/date on the previous contract was almost up so they wanted to have council approve a new agreement. Mr. Schmitt questioned if the $59,000.00 is for two months or six months. Michelle Weidner stated that the $59,000.00 is there until the hourly amount is expended and has been budgeted for six months. She noted the purpose of the motion is to get approval to continue on an as needed basis until the position is filled. Doug Schindel, AECOM, clarified that the original agreement six months and included expenses such as housing and meals. are hopeful that the position can be filled quickly as there applicants. Time is also budgeted help the new director position. Michelle Weidner clarified that this agreement is not for a but remains in place until the money runs out, regardless of was $149,500.00 for He stated that they are some interested transition into the specific time period how long it takes. Mr. Jacobs questioned, in light of challenges the city has faced in finding applicants and issues with the EPA, if the old director could be rehired. Mayor Hart explained that while he has no problem with the former department head, the city is in the middle of working with the EPA and has expended much time and effort into this process and the transparency of it. He added that it is his intention to continue the search to find a new applicant who can work through the necessary requirements of the EPA. Bill Kammeyer, 526 Home Park Blvd., questioned the agreement and the dollar amount paid so far. Doug Schindel, AECOM, explained that original contract was for a period of approximately $30,000.00 remaining from this is to extend the contract. The 6 months and that time has run out with the original amount. April 4, 2016 Page 7 Mr. Lind asked for clarification that the original agreement was for 6 months at $149,000.00 and the new agreement is for no time limit at $59,000.00. Michelle Weidner clarified that the two contracts are different in that there is no time limit on the new one because it is based on an hourly rate and the agreement runs out if and when we spend $59,000.00. Mr. Lind clarified that the city saved $30,000.00 on the first contract. Mr. Schmitt questioned if Mr. LaPointe will be on site 40 hours per week for the duration of this contract. Doug Schindel stated that the contract is for Mr. LaPointe to spend 3-4 days per week on site but he had consistently been at Waterloo 5 days per week during the first contract. Mr. Schmitt asked if additional staff will be City of Waterloo or AECOM staff. Doug clarified that it would be AECOM staff as needed. Mr. Schmitt affirmed that this does not indicate the need for any regular part time staff. Randy Herod, 111 Highland Blvd., recommended adding the former director to the list of applicants. Resolution adopted and upon approval by Mayor assigned No. 2016-245. 145846 - Lind/Schmitt that "Resolution approving a request by Steve Troskey on the behalf of BCS Properties, LLC for the preliminary plat of Village West Subdivision, a six lot commercial subdivision, located east of 1844 West Ridgeway Avenue", be adopted. Roll call vote -Ayes: Seven. Mr. Morrissey questioned if this item is tied to item 19. Mayor Hart affirmed. Mr. Morrissey questioned if 19 does not pass what would happen to the current item. Noel Anderson, Community Planning & Development Director, explained that item 10 is the preliminary plat and establishes drainage, lots, etc. He stated that the final plat would be approved after number 19 at a later meeting. Mr. Morrissey stated that, at this point, nobody from the petition group has met with the developer and he is reluctant to proceed until the meeting takes place and recommends tabling for a few weeks until both sides can come to an agreement. Noel Anderson stated that meetings between the two parties are set for Wednesday April 6. Mr. Morrissey suggested tabling would not hinder the process from moving forward as council could suspend the rules and pass it all in one meeting after the groups have had the opportunity to meet and hash out an amicable plan. David Dryer, 3145 W 4th Street, stated that he agrees with Mr. Morrissey that the item should be tabled until the meeting takes place. Mr. Morrissey noted that request to table is only for item 10. Bob Fahr, Fahr Beverage, questioned the storm water run-off plans for the development and noted that the strip mall on Ridgeway does not have a pond for storm water part of the plan. Kim Meyers 741 Jane Street, asked that item 10 and 19 be tabled since there has not been enough time for the residents to meet with the developer. Adam Deters, CGA Engineers - 16 E. Main Street, Marshalltown, stated that the devolper is fine with tabling the preliminary plat and clarified that a detention pond is worked into the plan. He also asked that council approve the second reading tonight and hold off on the third. 145847- Morrissey/Amos to table. April 4, 2016 Ayes: Four. Nays: Jacobs, Lind, Welper—Motion carried. Page 8 Mr. Lind suggested making available the site plans to the public in an effort to answer the many questions they have. Mayor Hart asked if CGA Engineers would make the plans available to the citizens at the upcoming meetings. Adam Deters, CGA Engineers, stated that they would have the plans available as well as several other exhibits available at those meetings. 145848 - Lind/Schmitt that "Resolution approving Agreement with HR Green, Inc. for a contract, up to $5,000, for environmental site assessment review and evaluation for the potential acquisition of IDOT land near Grand Crossing development site, and authorize Mayor and City Clerk to sign and fully execute all necessary documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Lind asked for clarification of the agreement. Noel Anderson, Community Planning & Development Director, explained that the city will spend up to $5,000.00 in an hourly contract and do not anticipate the receipt of a no further action letter on this project. Resolution adopted and upon approval by Mayor assigned No. 2016-246. 145849 - Lind/Schmitt that "Resolution approving a contract with HR Green for a Phase I Environmental Site Assessment of a abandoned property at 120 Center Street in the amount of $3,000", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Jacobs questioned if 120 Center Street is related to the project in the previous item. Noel Anderson, stated that 120 Center Street is a 657A property that the city has been working on. It is a commercial building with an unstable smoke stack that is creating endangerment concerns. He added that there are also concerns over past uses and the potential for unknown buried tanks. He stated that Phase I should protect the city under Iowa law. Resolution adopted and upon approval by Mayor assigned No. 2016-247. 145850 - Schmitt/Amos that "Resolution approving the award of Event/Capital Hotel -Motel Tax Grant funds for Fiscal Year 2017, in the amount of $129,600, to the following entities: VGM Heartland Conference, Cedar Valley Irish Cultural, UNI Overseas Recruiting Fair, Minn Youth Athletic Hawkeye, Trekman Racing-P2P, Iowa Operators of Music & Amusements, Waterloo Softball Association, Waterloo Leisure Services, National Cattle Congress Fair, SSBA 5050 Bowling, MWD Gus Macker, Full Count Sports Academy, CV USBC Bowling Association, Faith Sports Academy MAYB, UNI Wrestling Tournaments, Iowa Trust for Local Conservation, Iowa Winter Nationals, WCF Symphony Bucks Irish, Battle of Waterloo, Beta Sigma Phi, Accel Group, and Hartman Interpretive Building", be adopted. Roll call vote -Ayes: Seven. Mr. Lind, requested a list of information on the applicants. Aaron Buzza, Waterloo Convention and Visitors Bureau, explained that he could get the information to council. He stated that the only applicant that was not funded was the Waterloo -Cedar Falls Symphony for their Riverloop Concerts. The Convention and Visitors Bureau have made application suggestions to the Symphony to help them be successful with future grants. David Dryer, 3145 W. 4t" Street, spoke in opposition to VGM receiving grant funds for their conference. Aaron Buzza explained that the application criteria look at the economic impact on Waterloo through organizations hosting events within our city. The VGM Heartland Conference will host a special speaker which they believe will bring in greater attendance to the conference and, thus, create a greater return on our investment. Resolution adopted and upon approval by Mayor assigned No. 2016-248. 145851 - Schmitt/Amos April 4, 2016 Page 9 that "Resolution approving Settlement Agreement in the amount of $4,952.54 for unpaid wages for former City Employee", be adopted. Roll call vote -Ayes: Six. Nays: One (Schmitt). Motion carried. Mr. Lind questioned why the funds are owed to the employee. Dave Zellhoefer, City Attorney, explained that a complaint was filed by an attorney on behalf of a kennel cleaner previously employed by the city and the complaint was filed after the employee was terminated. He added that, due to an error made by the city, the employee was not paid for 133 hours worked and when this happens, under Iowa code, the city is liable for all plaintiff attorney fees apply and the wages owed are doubled. Mr. Lind commented that he and Mr. Schmitt had met with the HR Director, Michelle, and the previous Mayor, Buck Clark, and were told not to worry about the situation. Mayor Hart noted that this happened prior to his taking office and he believed this to be a poor reflection on the city and promised that it will be addressed. Mr. Morrissey stated that it has been confirmed to him that an employee can work off the clock, without the supervisor's knowledge or approval, and the person can sue to have the money paid to them. He added that this type of thing could happen again with little the city can do about it. Mayor Hart noted that the city will have clear and consistent policies in place that hours need to be documented by both the employee and the supervisor. Mr. Schmitt questioned how this could happen and if these policies are in place. Morrissey clarified his comments. Mayor Hart stated that it goes back to his goal of having clear and consistent policies in place that can ensure that this does not happen again. Mr. Schmitt asked, for the record, if the city has a policy in place that allows employees to work overtime without any approval from their supervisor. Michelle Weidner, explained that current city policies state that employees need approval to work overtime and she believes that there are no other employees who are working unapproved overtime. Forest Dillavou, 1725 Huntington Rd., stated that this issue not only applies to overtime hours but also hours spent volunteering in association with their job. Mr. Morrissey clarified his comments and added that safeguards should be put in place to ensure employees do not work off the clock but believes this situation has been dealt with thoroughly and properly. Resolution adopted and upon approval by Mayor assigned No. 2016-249. 145852 - Schmitt/Amos that "Resolution approving grant application to the Community Foundation in the amount of $20,000 to support the Mayor Hart Summer Youth Job Program", be adopted. Roll call vote -Ayes: Six. Nays: One (Schmitt). Motion carried. Mr. Schmitt questioned if this is an additional amount to the original grant application. Mayor Hart stated that the total project will cost approximately $100,000.00 and instead of requesting a blanket amount, several smaller grant applications will be submitted as the project moves forward. He further explained that each grant application submitted must come to council for approval. Mr. Schmitt questioned the anticipated success of the program and further noted that restaurants have a hard time finding kids to work in restaurants and feel like the city is competing with businesses for workers. He further questioned who will manage the program. Mayor Hart explained that, depending on the age group, the unemployment rate is high. He stated that the program was managed by Cedar Valley Works - Iowa Workforce Development in 2009-2010. He offered that the businesses Mr. Schmitt has heard from may contact the Mayor's office to get on the list. Mayor Hart asserted that the program remains focused on young people between the ages of 16-24 with an emphasis on those 16-19 years of age. He added that, starting June 20th, the plan is to train young people with the soft skills they need in order to understand how to be employable when they enter the workforce. He stated that they are working in cooperation with many area agencies and schools to insure April 4, 2016 Page 10 the success of the program. After July, the participating young people will be placed in both profit and nonprofit work places. Mr. Jacobs questioned how the $100,000.00 will be used. Mayor Hart explained that $89,000.00 will be paid out in wages, ranging from $8.00-$9.00/hour and FICA. He added that $300.00 will be paid in advertising and a stipend will be paid to an intern to help facilitate the process. He clarified that no city staff will be used and that several businesses have offered to help fund the jobs as well. Bruce W. Kaesser, 500 Sycamore Street, questioned if there would be a conflict of interest with the Mayor's name being tied to the program. Mayor Hart explained that there is not a conflict of interest with the Mayor applying for a grants that a program he is sponsoring. Resolution adopted and upon approval by Mayor assigned No. 2016-250. ORDINANCES 145853 - Morrissey/Welper that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 3 (A), Special Assessments for Improvements and Section 5 Contractor's Bond of Chapter 2, Sidewalk Construction, Inspections and Repair of Title 7, Public Ways and Property, and Section 7 (D) Billing, Certification to County of Chapter 2A, Cost of Improvements; Assessments of Title 7 Public Ways and Property in their entirety; and enacting in lieu thereof a new Section 3 (A), Special Assessments for Improvements and Section 5 Contractor's Bond of Chapter 2, Sidewalk Construction, Inspections and Repair of Title 7, Public Ways and Property and Section 7 (D) Billing, Certification to County of Chapter 2A, Cost of Improvements; Assessments of Title 7 Public Ways and Property in conjunction with an ordinance amending special assessments for improvements and contractor's bond for sidewalk construction, inspections, and repair", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 145854 - Morrissey/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Three (Jacobs, Lind, Schmitt). Motion failed. 145855 - Morrissey/Welper that "an Ordinance amending the 2007 City of Waterloo Code of Ordinances, Title 8 Chapter 3 Article E Section 2, Definitions by striking Food Service Establishment or FSE and enacting in lieu thereof a new Food Service Establishment or FSE definition in conjunction with an ordinance amending the Food Service Establishment or FSE definition", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Five. Nays: Two. (Jacobs, Schmitt) Motion carried. Joel Unly, 915 Easton, asked if the city can table this item until we have a new waste management director because the individual may have a different definition of an FSE. 145856 - Amos/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 Rezone of Certain Property in conjunction with the request of XL Colt Farms, LLC to rezone approximately 19.92 acres from "A-1" Agricultural District, "R-1" One and Two Family Residence District and "R-3" Multiple Residence District to "R-1" One and Two Family Residence District for the purpose of developing a residential subdivision, located east of 1867 Red Tail Drive", be received, placed on file, considered and passed for the second time. Ro11 call vote -Ayes: Seven. Motion carried. 145857 - Amos/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Three (Lind, Jacobs, Schmitt). Motion failed. 145858 - Schmitt/Lind April 4, 2016 Page 11 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 Steve Troskey on the behalf of BCS Properties, LLC to rezone approximately 11.73 acres from "R-3" Multiple Residence District, "R -3,C -Z" Conditional Zoning District, "R-4" Multiple Residence District and "C-2" Commercial District to "C -P" Planned Commercial District for the purposes of developing a commercial subdivision, located east of 1844 West Ridgeway Avenue", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven. Motion carried. 145859- Morrissey/Amos motion to table item for one week. Roll call Vote -Ayes: Three Nays: Four (Lind, Schmitt, Welper, Jacobs). Motion failed. Adam Daters, CGA Engineers, reminded council that there is still the third reading that would already allow for an additional week without tabling this item. Kim Meyer, 741 Jane Street, requested council table the item until after the meeting with the developers. Mr. Morrissey stated length of time to table this item should be based on the length of time relating to the meeting with the petitioners and developers. Mr. Amos added that since the meetings are to take place on Wednesday, tabling this until next Monday would be sufficient. Mr. Morrissey agreed. Mr. Schmitt mentioned that the benefit of tabling this for one week as opposed to moving forward with it would be that tabling allows for additional time if needed. 145860 - Schmitt/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Zero. Nays: Seven. Motion failed. 145861 - Morrissey/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 in conjunction with the request by Cardinal Construction on the behalf of ARC FEWTLIA001, LLC for a site plan amendment to the "M -2,P" Planned Industrial District to allow for the construction of a 7,104 5F expansion to the existing 28,416 SF industrial building, located at 2320 West Airline Highway (FedEx Ground)", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven. Motion carried. Wendell Lupkes, VJ Engineering, requested that the council suspend the rules and pass the second and third readings all at once since the easement has been vacated and the site plan has been approved by city staff. 145862 - Morrissey/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. 145863 - Morrissey/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 in conjunction with the request by Cardinal Construction on the behalf of ARC FEWTLIA001, LLC for a site plan amendment to the "M -2,P" Planned Industrial District to allow for the construction of a 7,104 SF expansion to the existing 28,416 SF industrial building, located at 2320 West Airline Highway (FedEx Ground)", be considered and passed for the third time and adopted. Roll call vote -Ayes: Seven Ordinance adopted and upon approval by Mayor assigned No. 5342. 145864 - Amos/Morrissey that "an Ordinance providing that general property taxes levied and collected each year on all property located within the newly expanded Martin Road April 4, 2016 Page 12 Development Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal Project", be considered and passed for the third time and adopted. Roll call vote -Ayes: Seven. Mr. Lind stated that he would support this with the understanding that there is a meeting promised in which a thorough discussion of releasing TIF funds will take place. Mr. Schmitt asked when that meeting was scheduled to take place. Mayor Hart stated that there are several meetings planned in the near future in which those discussions could take place. Ordinance adopted and upon approval by Mayor assigned No. 5343. ORAL PRESENTATIONS Jim Chapman 224 Bertch Ave., stated that West Neighborhood Association meetings will take place on April 21 at 6:00 PM at Westminster Presbyterian Church in the library and all are welcome. Ivan Valchev, 217 W. 4th Street, commented on an article in the paper regarding a DOT grant received by the city to help make 5th and 6th Street safer and requested that the city look at making 5th and 6th streets downtown two way streets. Mayor Hart commented that he asked the same question of the traffic superintendent and it will be considered by the city. Bruce W. Kaesser, 500 Sycamore Street, thanked the city for the new monitors and asked council to consider closed captioning. Mr. Morrissey commented on attending the Municipal Leadership Academy on Saturday in Waterloo. He brought a picture of the bridge and stated that it is a positive feature of waterloo Randy Herod, 111 Highland Blvd., thanked the city for acquiring and offering hearing devices to hearing-impaired residents who attend council meetings. He stated that they work beautifully. Mark Rice announced that the sanitation department will be facilitating Operation Spring Clean 2016 and are soliciting volunteers to help clean up litter in the city. Volunteers can call 291-4455 to sign up. Bill Kammeyer, 526 Home Park Blvd., thanked Craig Clark, Building Official, for purchasing the hearing devices for use by hearing-impaired residents during council proceedings. Mr. Jacobs requested more information on using concrete vs. blacktop and a comparison of durability and maintenance costs. Mayor Hart questioned if Mr. Jacobs would like a work session or just documentation. Mr. Jacobs left that up to the Mayor. He then requested that council consider rehiring the previous director of waste management director. 145865 - Welper/Morrissey that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 145866 - Welper/Morrissey that the Council adjourn at 7:29 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Fe" hle, Deputy Ci y Clerk