HomeMy WebLinkAboutMinutes-5/16/2016May 16, 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, May 16, 2016. Mayor Quentin
Hart in the Chair. Roll Call: Jacobs, Morrissey, Lind, Amos, Schmitt, and Welper.
Prayer or Moment of Silence.
Pledge of Allegiance: Tom Lind, Council Member At Large.
146028 - Welper/Schmitt
that the Agenda, as amended by adding the liquor license for Main Street
Waterloo, for the Regular Session on Monday, May 16, 2016, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Six. Motion carried.
146029 - Welper/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, May 9, 2016,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried.
Mayor Hart read a Proclamation declaring May 15 - 21, 2016 as National Police
Week and May 18, 2016 as Peace Officer's Memorial Day.
Mayor Hart read a Proclamation declaring May 15
Services Week.
Mayor Hart read a Proclamation declaring May
Month.
CONSENT AGENDA
146030 - Welper/Schmitt
- 21, 2016 as Emergency Medical
2016 as Quota 90th Anniversary
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 May
16, 2016, in the amount of $3,135,314.95, 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. 2016-335.
2. Resolution approving request from 105.7 KOKZ to hold its 35th Annual 4th
Street Cruise on Saturday, May 28, 2016 from Noon until 4:00 p.m. in the
downtown area.
Resolution adopted and upon approval by Mayor assigned No. 2016-336.
3. Resolution approving request from the Cedar Valley Irish Cultural
Association to hold its 10th Annual Iowa Irish Fest on August 5th, 6th and
7th, in Lincoln Park and surrounding streets, including a 5K on August 6,
2016 from 6:30 a.m. to 10:30 a.m.
Resolution adopted and upon approval by Mayor assigned No. 2016-337.
4. Resolution approving request of Cody Winther on behalf of Full House
Productions dba Spicolis for a variance to the Noise Ordinance on May 26,
27 and 28, 2016 from 6:00 p.m. to 10:00 p.m. in conjunction with the
Cornstock event to be held at the outside beer garden located at 3555
University Avenue, including a live band and the use of a PA system.
Resolution adopted and upon approval by Mayor assigned No. 2016-338.
5. Resolution approving request by Chad Shipman for a variance to the Noise
Ordinance on Friday, August 5, 2016 through Sunday, August 7, 2016 in
conjunction with Iowa Irish Fest events that will be held in and around
Lincoln Park, east side of downtown, including live bands and PA system,
together with recommendation of approval of Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2016-339.
6. Resolution preliminarily approving specifications, bid documents, etc.,
and setting date of bid opening as June 2, 2016 and the date of public
hearing as June 6, 2016 for the Wireless Communication Services, and
instruct City Clerk to publish notice of said hearing.
May 16, 2016 Page 2
Resolution adopted and upon approval by Mayor assigned No. 2016-340.
7. Resolution preliminarily approving plans, specifications, bid documents,
etc., and setting date of public hearing as June 6, 2016 and date of bid
opening as June 2, 2016 for the purchase of network servers, storage
access network equipment, and installation services for the Police
Department and instruct the City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2016-341.
8. Resolution approving preliminary plans, specifications, and form of
contract, etc. and setting date of bid opening as June 2, 2016 and date of
public hearing as June 6,2016 in conjunction with the F.Y. 2016 W. 2nd,
Cedar, and W. 3rd Streets Improvements Contract No. 912 , and instruct
City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2016-342.
9. Resolution approving from Cedar Bend Humane Society for a waiver for an
asphalt driveway with the elimination of the sidewalk section, located at
1136 W. Airline Highway.
Resolution adopted and upon approval by Mayor assigned No. 2016-343.
b. Motion to approve the following:
1.
a.
b.
c.
d.
2.
a.
b.
c.
d.
e.
f.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Scott Strader,
Combination
Inspector II
Plumbing Plans
Examiner
Coralville,
IA
May 23,
24, June
1, 2, 7 or
9, 2016
$199.00
Jeff Siebel,
Property Safety
Inspector
Series 8 hr
Plumbing
Update
Cedar Falls,
IA
August 12,
2016
$239.00
Travis Ihnen, Fire
Rescue
PALS -
Advanced Life
Support
Iowa City,
IA
August 25,
2016
$252.00
Abraham Funchess,
Jr., Executive
Director; Rebecca
Johnson, HR
Specialist; Shelly
Burch, Adm
Secretary
2016 EEOC/FEPA
National
Training
Conference
New Orleans,
LA
July 11-
15, 2016
$5,240.00
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Waterloo Softball
Association, 1139
Josephine Street
B Beer w/Outdoor
Service
Renewal
04/16/2017
X
Waterloo Bucks, 850
Park Road
B Beer w/Outdoor
Service
Renewal
11/01/2016
X
Golden China
Restaurant, 106
Brookridge Drive
C Liquor
Renewal
05/04/2017
X
Ray's Supermarket,
1975 Franklin Street
B Wine / C Beer / E
Liquor
Renewal
03/02/2017
X
Dollar General Store
#7136, 66 E. Tower
Park Drive (Ownership
Update)
C Beer
New
02/28/2017
X
Main Street Waterloo
Lincoln Park
Special Class C
Liquor(BW)
(Beer/Wine)/Outdoor
Service
New
11/19/2016
3. Bonds
Mr. Lind questioned need for all Human Rights Staff to attend the EEOC/FEPA
National Training Conference and the expense of the entire budget in one trip.
May 16, 2016
Page 3
Michelle Weidner, Chief Financial Officer, affirmed that the entire amount
budgeted for travel is being expended on this trip. She also stated that this
is mandatory training for the Human Rights Staff.
Roll call vote -Ayes: Six. Motion carried.
PUBLIC HEARINGS
146031 - Schmitt/Welper
that proof of publication of notice of public hearing on FY 2017 Sidewalk
Inspection and Repair Program - Zone 6, as published in the Waterloo Courier on
April 28, 2016 and May 5,2016, be received and placed on file. Voice vote -Ayes:
Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections. Written comments are on file in the Clerk's Office.
Jeanette Francis, 1015 Bertch Ave., spoke in opposition to the sidewalk repairs
being requested for her property.
Jason Van Clark, 1656 Cornwall Ave., thanked the Council for caring about the
sidewalks and questioned the need for repairing the sidewalk on his property due
to no other houses having sidewalks.
Nancy Hammond, 1343 Forest Ave., expressed concern with the request to repair
her sidewalk.
Bruce W. Kaesser, 500 Sycamore Street, requested the ability to review the
sidewalks in question.
Jerro Reyos, 1820 Forest Ave., expressed concern with the sidewalk repair
program.
Eric Thorson, City Engineer, explained the options available and the procedures
involved in the sidewalk repair program.
Suzy Schares, City Clerk, explained the assessment process and repayment options
for the cost of repairs.
146032 - Schmitt/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Six. Motion carried.
146033 - Schmitt/Welper
that "Resolution authorizing proposed repairs to sidewalk", be adopted. Roll -
call vote -Ayes: Six. Motion carried.
Mr. Lind questioned if the Council has the authority to grant waivers if the
sidewalk repair is unnecessary.
Eric Thorson, City Engineer, there is legal liability to both the homeowner and
the city if there is a loss or injury due to sidewalk disrepair.
Resolution adopted and upon approval by Mayor assigned No. 2016-344.
146034 - Schmitt/Welper
that "Resolution adopting Proposed Resolution of Necessity, as proposed or
amended", be adopted. Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-345.
146035 - Lind/Schmitt
to reopen public hearing in conjunction with the 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.
Voice vote -Ayes: Six. Motion carried.
146036 - Lind/Schmitt
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Six. Motion carried.
146037 - Lind/Schmitt
May 16, 2016
Page 4
that "Resolution authorizing sale and conveyance of a portion of Lot 3 of Black
16 of Hayes Addition and a portion of alley to be vacated to 3 Little Lambs,
LLC for $1.00 in accordance with the First Amendment to Development Agreement
and authorizing the Mayor and City Clerk to execute necessary documents", be
adopted. Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-346.
146038 - Welper/Schmitt
that proof of publication of notice of public hearing on the F.Y. 2016 Storm
Sewer Improvements, Contract No. 906, as published in the Waterloo Courier on
May 2, 2016, be received and placed on file. Voice vote -Ayes: Six. Motion
carried.
This being the time and place of public hearing, the Mayor called
and oral objections and there were none.
146039 - Welper/Schmitt
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
146040 - Welper/Schmitt
for written
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with the F.Y. 2016 Storm Sewer Improvements, Contract No.
906", be adopted. Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-347.
146041 - Welper/Schmitt
that "Resolution authorizing to proceed in conjunction with the F.Y. 2016 Storm
Sewer Improvements, Contract No. 906", be adopted. Roll -call vote -Ayes: Six.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-348.
146042 - Welper/Schmitt
Motion to receive and file and instruct City Clerk to read bids and refer
City Engineer for review.
Bidder
Bid Security
Bid Amount
Vieth Construction Corp.
Cedar Falls, IA
5%
$169,152.95
Peterson Contractors Inc.
Reinbeck, IA
5%
$171,014.15
to
Voice vote -Ayes: Six. Motion carried.
146043 - Morrissey/Amos
To postpone the hearings for the following General Obligation bond hearings:
The hearing in conjunction with the General Obligation Bonds - ECP -1 - The
issuance of not to exceed $7,200,000 General Obligation Bonds for essential
corporate purposes is postponed to May 23, 2016.
The hearing in conjunction with the General Obligation Bonds -
issuance of not to exceed $700,000 General Obligation Bonds
corporate purposes is postponed to May 23, 2016.
The hearing in conjunction with the General Obligation Bonds -
issuance of not to exceed $700,000 General Obligation Bonds
corporate purposes is postponed to May 23, 2016.
The hearing in conjunction with the General Obligation Bonds -
issuance of not to exceed $700,000 General Obligation Bonds
corporate purposes is postponed to May 23, 2016.
The hearing in conjunction with the General Obligation Bonds -
issuance of not to exceed $700,000 General Obligation Bonds
corporate purposes is postponed to May 23, 2016.
GCP-2 - The
for general
GCP-3 - The
for general
GCP-4 - The
for general
GCP-5 - The
for general
May 16, 2016
Page 5
The hearing in conjunction with the General Obligation Bonds - ECP/UR-6 - The
issuance of not to exceed $1,000,000 General Obligation Urban Renewal Bonds for
essential urban renewal corporate purposes is postponed to May 23, 2016.
Voice vote -Ayes: Six. Motion carried.
RESOLUTIONS
146044 - Lind/Schmitt
that "Resolution approving an extension of a moratorium for a period of eight
(8) months, ending on January 31, 2017, on the issuance of a Special Permit or
License for the establishment of any new recycling, junk or salvage yards", be
adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2016-349.
146045 - Lind/Schmitt
that "Resolution approving contract with Main Street Waterloo in the amount of
$2,233.00 for event activities at Byrnes Park for the 2016 My Waterloo Days
Festival, and authorize Mayor and City Clerk to execute said agreement", be
adopted. Roll call vote -Ayes: Six.
Paul Huting, Leisure Services Director, explained that this is the contract and
fee for the closure of Byrnes Park for the 2016 My Waterloo Days Festival.
Resolution adopted and upon approval by Mayor assigned No. 2016-350.
146046 Lind/Schmitt
that "Resolution approving Contract Agreement between U.S. Equal Employment
Opportunity Commission and the City of Waterloo Human Rights Commission in the
amount of $50,000.00 for charge resolutions, intake services, FY2016 EEOC/FEPA
Training and FY2016 FEPA Engagement Funding", be adopted. Roll call vote -Ayes:
Six.
Resolution adopted and upon approval by Mayor assigned No. 2016-351.
146047 - Morrissey/Welper
to approve Change Order No. 5 for a net decrease of $28,490.41, for the F.Y.
2014 Stormwater Lift Stations (Hollywood, Cedar Bend, Fletcher), Contract No.
836 and authorize the Mayor and City Clerk to execute said document. Roll call
vote -Ayes: Six.
146048 - Morrissey/Welper
that "Resolution approving Completion of Project and Recommendation of
Acceptance of Work for work performed by Ricklefs Excavating LTD, of Anamosa,
Iowa, at a total cost of $6,550,433.29, for the F.Y. 2014 Stormwater Lift
Stations (Hollywood, Cedar Bend, Fletcher), Contract No. 836", be adopted. Roll
call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2016-352.
146049 - Morrissey/Welper
that "Resolution rejecting the bid from Peterson Contractors, Inc., of Reinbeck,
Iowa, in the amount of $2,574,337.00, in conjunction with F.Y. 2016 4th Street
Bridge Canopy Repairs, Contract No. 910", be adopted. Roll call vote -Ayes:
Six.
Mr. Lind requested that different options for the bridge be explored.
Eric Thorson, City Engineer, explained that staff will be looking at all other
options for repair or removal of the canopy.
Mr. Morrissey suggested piecing out the work rather than the entire project
making it four projects.
Eric Thorson stated that there are many contingencies involved that would need
to be examined before piecing out could be considered.
Mr. Schmitt asked if there were significant increases in the cost for this type
of project due to DNR and EPA mandates.
Eric Thorson affirmed that there are mandates in place that could cause
increased costs for this project.
May 16, 2016
Resolution adopted and upon approval by Mayor assigned No. 2016-353.
146050 - Schmitt/Amos
Page 6
that "Resolution approving the Supplemental Development Agreement for Phase II
of the former Grand Hotel site for the Grand Crossing multi -phased development,
deeding the Phase II property and awarding the 20 -year tax rebate schedule
awarded for Phase I and authorize the Mayor and City Clerk to sign and fully
execute all necessary documents", be adopted. Roll call vote -Ayes: Six.
Mr. Lind questioned if this is simply moving forward with what we agreed to when
this project first started.
Noel Anderson, Community Planning and Development Director, affirmed that is
exactly what is being done. The developer is moving ahead with Phase II and
looking forward to Phase III of this project.
Resolution adopted and upon approval by Mayor assigned No. 2016-354.
146051 - Schmitt/Amos
that "Resolution approving Professional Service Agreement with AECOM Technical
Services, of Waterloo, Iowa, in the amount estimated at $318,000.00 for
construction related services for the F.Y. 2017 Dry Run Creek Interceptor,
Contract No. 877; and authorize Mayor and City Clerk to execute said documents",
be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2016-355.
146052 - Schmitt/Amos
that "Resolution approving award of contract to Peterson Contractors, Inc,. of
Reinbeck, Iowa, in the amount of $346,508.25, in conjunction with F.Y. 2016
Galactic Drive and Fitzway Drive Extensions, Contract No. 896", be adopted.
Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2016-356.
OTHER COUNCIL BUSINESS
146053 Lind/Welper
to rescind the May 9, 2016 motion to approve the first reading of an Ordinance
approving a request by Lamar Advertising for a site plan amendment to the "S-1"
Shopping Center District to allow for the construction of a 45' tall, 378 SF
off -premises billboard, located at 2010 Sears Street. Roll call vote -Ayes: Six.
Motion carried.
Mr. Morrissey asked if this item was giving consideration to a previously
defeated item.
Noel Anderson, Community Planning and Development Director, explained that
previously, there were not enough council members present to defeat the motion
so the company has asked to rescind the request for the purpose of allowing them
to bring it back before a full council, affording them a fair opportunity to get
all six votes.
Suzy Schares, City Clerk, explained that this motion has come by recommendation
from the attorney due to the fact that the initial vote should not have taken
place without enough council members present.
Mr. Lind clarified that with only 5 members present at the time, passing this
item was not possible.
Mr. Morrissey questioned the timeframe in which this item would be presented
before council again.
Suzy Schares stated that the return of this item would be at the discretion of
Lamar Advertising.
Mr. Amos clarified that this item had already failed before the Planning &
Zoning Commission and, as a result, it would require a super majority of Council
votes to pass.
Mayor Hart affirmed that if this item would be presented a second time before
the Planning & Zoning Commission and passed then a super majority would not be
required from council.
May 16, 2016
ORAL PRESENTATIONS
Page 7
Bill Kammeyer, 526 Home Park Blvd, suggested putting the names of the
individuals involved in corporations when they are listed on the agenda.
David Dryer, 3145 W.
worked on.
4th
Street, asked if the budget for next year is being
Jerry Greer, 23 Lafayette Street, expressed concern with the Town Hall meeting
held by Mr. Lind, Mr. Schmitt, and Mr. Jacobs.
Forest Dillavou, 1725 Huntington Road, noted that the Ansborough Ave. recycling
area is being abused and is not being able to be maintained. The Citizens are
abusing the recycle area.
Bruce W. Kaesser, 500 Sycamore Street, thanked Council for the opportunity to be
heard.
John Sherbon, 1715 Robin Road, commended Council for having the Town Hall
meeting.
Mr. Schmitt asked to have the council vacancy placed on the agenda for the
purpose of discussing special election or possible interview and appointment.
Suzy Schares, City Clerk, stated that the vacancy could be filled by appointment
if the council chose to do so and that appointment could realistically be made
by June.
Mayor Hart stated that conversations have been taking place with the county
elections office regarding the special election process with the notion that the
people of Ward 1 should be afforded the opportunity to elect whomever they
choose to represent them at council.
A work session will be scheduled next week to discuss the vacancy.
Mr. Morrissey reminded everyone that this week is National Bike to Work Week and
this coming Friday, May 20th, is National Bike to Work Day. On that day Main
Street Waterloo, in conjunction with the Cedar Valley Bicycle Collective, will
be having an event at Lincoln Park during the first Friday'Loo event. He
invited everyone to ride their bicycle to Lincoln Park on the evening for a
chance to win prizes and enjoy the festivities.
146054 - Welper/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes:
Six. Motion carried.
ADJOURNMENT
146055 - Welper/Schmitt
that the Council adjourn at 6:36 p.m. Voice vote -Ayes: Six. Motion carried.
Suzy Sc ares, CMC
City C1-rk/Human Resource Director