HomeMy WebLinkAboutMinutes-6/06/2016June 6, 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, June 6, 2016. Mayor Quentin
Hart in the Chair. Roll Call: Jacobs, Morrissey, Lind, Amos, Schmitt, and Welper.
Prayer or Moment of Silence - The invocation was given by the Reverend Rudy Jones
Community.Development Director.
Pledge of Allegiance: Suzy Schares, City Clerk.
146119 - Welper/Schmitt
that the Agenda, as amended by changing the dollar==amount on item #17, for the
Regular Session on Monday, June 6, 2016, at 5:30 p.m., be accepted and approved.
Voice vote -Ayes: Six. Motion carried.
146120 - Welper/Schmitt
that the Minutes, as. ,proposed, for the Regular Session on Monday, May 23, 2016,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried.
Mayor Hart read.a Proclamation declaring June 8-12, 2016, as My Waterloo Days.
Mayor Hart recognized Zanaida Mekanovic as the June 2016 Team Member of the
Month
The 4th Grade Lowell Elementary School Students gave, a presentation regarding
violence in the community as part of a community service project:,-"
CONSENT AGENDA
146121 - 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 June
6, 2016„ in the amount of'$3,553,813.27, 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. 2016-400.
2. Resolution. approving,request to certify assessment of work performed by
the Waterloo Water Works at 1 location, together with recommendation of'
-approval of Board of Water Works Trustees
Resolution adopted and upon approval by Mayor assigned No. 2016-401.
3. Resolution approving 'request from Jeffrey Clark for a, waiver for a
__concrete driveway to be located at 4756 Charolais Drive and autIorizing
the construction of a concrete driveway and placing a driveway or sidewalk
on City right of .way on an unimproved street.
ro*
Resolution adopted and upon approval by Mayor assigned No. 2016-402.
4. Resolution approving preliminary plans, specifications, form of contract,
etc. and setting date of bid opening as June 23, 2016 and date of public
hearing as June 27,2016 for theRehabilitate and Remark Airfield
Pavements 2016, Feder • al Aviation Administration - Airport Improvement
Program 3-19-0094-045 and instruct the City Clerk to publish notice of
plans, specifications; form of contract, etc.
Resolution adopted and upon approval by Mayor assigned No. 2016-403.
5. Resolution approving preliminary specifications, bid documents, etc., and
setting date of bid opening as June 23, 2016 and date of public hearing as
June 27, 2016 for the FY2016 Lower'Plaza Fencing Project, and instruct
City Clerk to publish notice of specifications, bid document, etc.
Resolution adopted and upon approval by Mayor assigned No. 2016-404.
6. Resolution approving request of Catrese Caldwell for a variance to the
Noise Ordinance for an outdoor event to be held at KP Hall at 224 Ash
Street.on June 18, 2016 from,2:00 to 10:00 p.m. with a DJ.
June 6, 2016
Page 2
Resolution adopted and upon approval by Mayor assigned No. 2016-405.
7. Resolution approving request from My Waterloo Days to hold annual festival
from June 9th to June 12th including street closures and noise variance.
Resolution adopted and upon approval by Mayor assigned No. 2016-406.
b. Motion to approve the following:
1.
a
b.
c.
d.
e.
f.
g.
h.
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
National Dairy Cattle
Congress, 250
Ansborough Avenue
C Liquor-
Ownership Update
New
02/28/2017
X
Southtown Lounge, 2026
Bopp Street
C Liquor
License -Outdoor
Service
Renewal
06/07/2017
X
Lone Star Steakhouse
and Saloon, 4045
-Hammond Ave.
C Liquor
License -Outdoor
Service
Renewal
03/11/2017
X
Cork's Grocery, 1956
Lafayette Street
C Beer
Renewal
04/30/2017
X
Black Hawk Tennis
Club, 1005 Black Hawk
Road n
B Beer with
Outdoor Service
.
Renewal
05/31/2017
X
Risque Gentlemen's
Club, 301 West 4th
Street
C Liquor License
Renewal
05/27/2017
Main Street Waterloo
Special Class C
Liquor - One day
transfer from
Lincoln Park to
Byrnes Park for
MWD
Special
06/11/2016
.,
Iry Warren
Special Class C
Liquor One day
premise update
for MWD
Special
06/11/2016
2. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration
Date
New or Re --
Appointment
Cindy Wells
Board of Library
Trustees
12/31/17
New
Dharmendra Patel
Waterloo Convention &
Visitor's Bureau
06/30/2019
Re -Appointment
Glenn Behrends
`Plumbing Board of
Licensing, Examiners,
and Appeals
06/06/2019
New
Mark Tink-
Plumbing Board of N'
Licensing, Examiners,
and Appeals
03/01/2019
Re -Appointment
Warren Wortham
Library Board of
Trustees
02/08/2019
Re -Appointment
3. Iowa Public Official Bond for Waterloo Water Works Trustee Members Mary
Potter and Terry Kuntz.
4. Bonds.
Roll call vote -Ayes.: Six. Motion carried.
Mayor Hart recognized the board and commission appointments.
PUBLIC HEARINGS
146122 - Schmitt/Welper
that proof of publication of notice of public hearing on the FY 2016 W 2nd,
Cedar, & W 3rd Streets Improvements", Contract No. 912, as published in the
Waterloo Courier on May 23, 2016, be received and placed on file. Voice vote -
Ayes: Six. Motion carried.
June 6, 2016
Page 3
This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
146123 - Schmitt/Welper
that the hearing be continued to June 13, 2016 and oral and written comments be
received and placed on file. Voice vote -Ayes: Six. Motion carried.
146124 - Schmitt/Welper
that "Resolution to reset bid opening from June 2, 2016 to June 9, 2016 in
conjunction with the FY 2016 W 2nd, Cedar, & W 3rd Streets Improvements,
Contract No. 912", be adopted. Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-407.
146125 - Lind/Schmitt
that proof of publication of notice of public hearing on Wireless Communication
Services,/as published in the Waterloo Courier on May 23, 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 and there were none.
146126 - Lind/Schmitt
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
146127 - Lind/Schmitt
that "Resolution confirming approval of specifications, form of contract, etc.
in conjundtion with the Wireless Communication Services", be "adopted. Roll -call
vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-408.
146128 - Lind/Schmitt
that "Resolution authorizing to proceed in conjunction with the Wireless
Communication Services", be adopted. Roll -call vote -Ayes: Six. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-409.
146129 - Lind/Schmitt
Motion to receive and file and instruct City Clerk to read bids and refer to
City Clerk's Office for review.
Bidder
Bid Amount
U.S. Cellular
$2,433.50/month
(plus equipment costs)
Verizon Wireless
e ¢
Option A
$3,433.35/month
(plus equipment costs)
Option B
$3,024.30/month
(plus equipment costs)
Option C
$3,465.00/month
(plus equipment costs)
Voice vote -Ayes: Six. Motion carried.
146130 - Welper/Morrissey
that proof of publication of notice of public hearing on the request to fulfill
network servers, `storage access network equipment, and installation needs, as
published in the Waterloo Courier on May 23, 2016, be received and placed on
file. Voice vote -Ayes: Six. Motion carried.
June 6, 2016
Page 4
This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
146131 - Welper/Morrissey
t
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
146132 Welper/Morrissey
,that "Resolution confirming approval of bid documents, specifications, form of
contract, estimate of cost, etc.", be adopted. Roll -call vote -Ayes: Six.
Motion carried.
Mr. Schmitt questioned if, this item could or should be something that is
coordinated with the city's IT department.
Joe Liebold, Police Captain, stated that there is regular communication and
monthly meetings between the city's IT department and the police IT staff.
Resolution adopted and upon approval by Mayor assigned No. 2016-410.
146133 - Welper/Morrissey
that "Resolution authorizing to proceed in conjunction with the request to
fulfill network servers, storage access network equipment, and installation
needs", be adopted. Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-411.
146134 - Welper/Morrissey
"Motion to receive and file and instruct City Clerk to read bids.
Bidder
Bid Amount
Aces
Cedar Falls,
Iowa
$84,367.87
CDW-G
Vernon Hill,
IL
$77,389.43
+ $10,000 for install
$87,389.43
=
Voice vote -Ayes: Six. Motion carried.
146135 - Welper/Morrissey
that "Resolution awarding bid to Aces of Cedar Falls, Iowa and approving bid
agreements in the amount of $84,367.87, in conjunction with the request to
fulfill network servers, storage access network equipment, and installation
needs for the Police Department, and authorize Mayor to sign bid documents", be
adopted. Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2016-412.
146136 - Morrissey/Amos
that proof of publication of notice of public hearing on the request by the City
of Waterloo to vacate a portion of the existing 20' wide alley, located adjacent
to --Lots 3, 4, 5, 6, 7 and 8 within Block 16 of Hayes Addition, and authorize
sale and conveyance of a portion to Joel C. Cizek and Connie J. Cizek for $372
and a portion to The Heene Family Trust for $70, as published in the Waterloo
Courier on May 27, 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 and there were none.
146137 - Morrissey/Welper
that the hearing be closed and .recommendation of approval of the Planning,
Programming and Zoning Commission be received and placed on file. Voice vote -
Ayes: Six. Motion carried.
146138 - Morrissey/Welper
that "an Ordinance approving a request to vacate a portion of ,the existing 20'
wide alley, located adjacent to Lots 3, 4, 5, 6, 7 and 8 within Block 16 df
Hayes Addition", be received, placed 'on file, considered and passed for the
first time. Roll call vote -Ayes: Six.
June 6, 2016
Mr. Lind questioned if the City owns or control alleys by an easement.
Noel Anderson, Community Planning and Development Director, explained that it
was platted as part of a subdivision and appears as a right of -way and will be
vacated, sold, and conveyed.
Page 5
Mr. Schmitt asked if the city's guidelines for sale of property were followed.
Noel Anderson affirmed that guidelines were followed.
146139 - Morrissey/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six.
146140 - Morrissey/Welper
that "an Ordinance approving a request to vacate a portion of the existing 20'
wide alley, located, adjacent to Lots 3, 4, 5, 6, 7 and 8 within Block 16 of
Hayes Addition", be considered, and passed for the second and third times and
adopted. Roll call vote -Ayes: Six. Motion'carried.
Ordinance adopted and upon approval by Mayor,assigned No. 5352.
146141 - Amos/Schmitt
that "Resolution authorizing sale and conveyance of a portion of the existing
20' wide alley, located adjacent to Lots 3,. 4, 5, 6, 7 and 8 within Block 16 of
Hayes Addition to Joel C. Cizek and Connie J. Cizek for $372 and a portion to
The Heene Family Trust for $70", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2016-413.
146142 - Schmitt/Lind
that proof of publication of notice of public hearing on the request by INVISION
Architecture on behalf of AS Commercial, for a site'plan amendment to the "C -P"
Planned. Commercial District to allow for the' construction of an 18,000 Square
foot commercial building with a 77 -stall parking lot, located east of 1844 West
Ridgeway Avenue, as published in the Waterloo Courier on May 27; 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 and there were none.
146143 - Schmitt/Lind
that the hearing be closed and recommendation of approval of the Planning,
Programming and Zoning Commission be received and placed on file. Voice vote -
Ayes: Six. Motion carried.
146144 - Schmitt/Lind
that "an Ordinance approving a request by INVISION Architecture on behalf of AS
Commercial, for a site plan amendment to the "C -P" Planned Commercial District
to allow for the construction of an 18,000 square foot commercial building with
a 77 -stall parking lot, located east of 1844 West Ridgeway Avenue", be received,
placed on file; considered and passed for the first time. Roll call vote -Ayes:
Six.
146145 - Schmitt/Lind
that 'rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six.
146146 - Schmitt/Lind
that "an Ordinance approving a request by INVISION Architecture on behalf of AS
Commercial, for a site plan amendment to the "C -P" Planned Commercial District
to allow for the, construction of an 18,000 square foot commercial building with
a 77 -stall parking lot, located east of 1844 West Ridgeway Avenue", be
considered and passed for the second and third times and adopted. Roll call
vote -Ayes: Six. 'Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5353.
RESOLUTIONS
146147 - Amos/Schmitt
-June 6, 2016
Page 6
that ;`Resolution approving acceptance of Guernesy Foundation Grant in the amount
of $20,000.00, to purchase Knox brand lock boxes in conjunction with the
residential dock box program", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2016-414.
146148,- Amos/Schmitt
that "Resolution approving 2016 JAG Grant H1378-IA-ZC for the FY2017 Edward
Byrne Memorial Justice Assistance Grant (JAG) in the amount of $75,023.00, to be
used in a joint effort by jurisdictions of the City of Waterloo, City of Cedar
Falls, Blackhawk County Sheriff's Office and the Black Hawk County Attorney's
Office", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2016-415.
146149 -,Amos/Schmitt
that "Resolution approving an Creative Services Agreement with Hellman
Associates, Inc. in the amount of $8,500", be adopted., Roll call vote -Ayes:
Six.
Resolution adopted and upon approval by Mayor assigned No. 2016-416.
146150 - Welper/Amos
that "Resolution approving a Creative Services Agreement with Hellman
Associates, Inc. for the Elementary School Outreach Program in the Waterloo
Metropolitan Area, in the amount of $11,000.00, and authorize Mayor to execute
said document", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2016-417.
146151 - Welper/Amos
that "Resolution approving the Fiscal Year 2017 Ambulance Fee Schedule", be
adopted. Roll call vote -Ayes: Six.
Pat Treloar, Chief of Fire Services, explained that the fee schedule is reviewed
annually to insure that the city is billing properly for ambulance fees. Two fee
.types were increased.
Mr. Schmitt questioned the amount of revenue/expenses for the ambulance service.
Pat Treloar explained that every year Wellmark Blue Cross/Blue Shield publishes
their maximum allowable fee schedules and the city ambulance fees are reviewed
at that time to make sure they align under allowable maximums. He stated that if
the department meets revenue, they should be right at the breakeven point.
Resolution adopted and upon approval by Mayor assigned No. 2016-418.
146152 - Welper/Amos
to approve Change Order No. 2 for a net decrease of $5,956.00 for the F.Y. 2011
Downtown Wayfinding Signage Project; Contract No.' 783 and authorize the Mayor
and City Clerk to execute said document. Voice vote -Ayes: Six.
146153 - Lind/Schmitt
that "Resolution approving Completion of Project and Recommendation of
Acceptance of Work performed by KWS, Inc., of Cedar Falls, Iowa, at a total cost
of, $100,139.90 in conjunction with F.Y. 2011 Downtown Wayfinding Signage
Project, Contract No. 783", be adopted. Roll call vote -Ayes: Six.
Mr. Lind questioned why the project took so long to close.
Eric Thorson, City Engineer, explained that there was a sign damaged' prior to
being able to close the projedt and it is a federal project.
Resolution adopted and upon approval by Mayor assigned No. 2016-419:
146154 - Lind/Schmitt
to approve Change Order No. 1 for a net increase of $19,050.00 for the F.Y. 2016
Levee Tree Clearing (Black Hawk Creek South Side), Contract No. 901, and
authorize the Mayor and City Clerk to execute said document. Voice vote -Ayes:
Six.
June 6, 2016
Page 7
Eric Thorson, City Engineer, explained that there was extra work added in close
proximity due to the good price given on this project.
146155.- Lind/Schmitt
that "Resolution approving Completion of 'Project and Recommendation of
Acceptance of. Work for work performed by Peterson Contractors, Inc., of
Reinbeck,` Iowa, at a. total cost of $134,050.00 for the F.Y. 2016 LeveeTree
Clearing (Black Hawk Creek South Side), Contract No. 901, and receive and file a
,two year maintenance bond in the amount of $134,050.00", be adopted. Roll call
vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2016-420.
146156 - Welper/Morrissey
to approve Change Order No. 3 for a net decrease of $6,887.55 for the F.Y. 2016
Getty Lake Trail, Contract No. 870, and authorize the Mayor and City Clerk to
execute,said document. Voice vote -Ayes: Six.
146157 - Welper/Morrissey
that "Resolution approving Completion of Project and Recommendation of
Acceptance of Work for work performed by Vieth Construction Corporation, of
Cedar Falls, Iowa, at a total cost of $212,267.55 for` the F.Y. 2016 Getty Lake
Trail, Contract No.. 870", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2016-421.
146158 - Morrissey/Welper
that "Resolution approving renewal of stop loss health' insurance for a premium
of $978,843.00 with Wellmark Blue Cross Blue Shield, plus administrative and
cIaii services at a cost of $43.49 per employee per month", be adopted. Roll
call vote -Ayes: Six.
Mr. Lind questioned the overall costs of this item.
Suzy Schares, City Clerk, explained that the overall cost for this is
approximately $1.2 million with the stop lossand the administrative fees.
Resolution adopted and upon approval by Mayor assigned No. 2016-422.
146159 - Morrissey/Welper
that "Resolution approving renewal of contract with Delta Dental of Iowa to
administer the employee dental health benefit plan, including administrative and
claims services,, at a cost of $4.17 per employee per month for FY17", be..
adopted. Roll"call vote -Ayes: Six.
Resolution adopted and upon approval,by Mayor assigned No. 2016-423.
146160 - Schmitt/Lind
to instruct City Clerk to publish intent to fill City Council Ward 1 vacancy by
appointment. Roll call vote -Ayes: Three. Nays: Three (Morrissey, Welper,
Amos). Motion failed.
Randy Herrod, 111 Highland Blvd., spoke in support of filling the" vacancy by
appointment.
Forest Dillavou, 1725 Huntington Road, spoke in ,support of filling the vacancy
by appointment.
John Sherbon, 1715 Robin Road; spoke in support of filling the vacancy by
appointment.
Mr. Welper noted that all of the Council is representing the citizens of Ward 1.
He spoke in support of an election to allow the citizens to have a question and
answer opportunity.
Mr. Lind explained that he was under the' understanding that there were
candidates available that could be appointed although he was originally in favor
of an election.
Mr. Morrissey noted that he originally wanted ,an appointment but with the split
in Council he favors an election.
June 6, 2016 Page 8
Mr. Amos explained that he has received calls from people wanting an appointment
and from those wanting an election. He supports an election.
Mr. Schmitt stated that the citizens he has spoken to do not feel represented
and he supports an appointment.
Mr. Jacobs spoke in support of filling the vacancy by an appointment.
Mayor Hart spoke in support of an election to fill the vacancy.
Mr. Lind stated that he did not have one particular person in mind for filling
the vacant seat for Ward 1. He was simply going with what he had heard from
Councilman Morrissey who had'made promises to one potential candidate.
Mr. Morrissey rebuked Councilman Lind for participating in gossip. He stated
that he had no idea what Mr. Lind was referring to and did not promise anything
to anyone regarding this vacancy. He then asked Mr. Lind to clarify from whom he
had gained this information because he had talked to him directly.
Mr. Lind stated that Mr. Morrissey had, spoken with a female regarding this
vacancy.
Mr. Morrissey.stated that he had only spoken with people over the phone but no
formal interview ever took place nor were any promises made.
Mayor Hart stated that this misunderstanding is a prime example of why this
matter needs to be put before the people of Ward 1 and a special election should
be held.
Mr. Schmitt stated that he supported Mr. Lind's email because of what Mr. Lind
told him and took exception the inference that the appointment process would not
be transparent.
Mayor Hart questioned if it was true that Mr. Schmitt endorsed Mr. Lind's email
which stated that there was" a mutually agreed upon candidate for the vacancy but
then he- petitioned for an open process with the City Clerk's office; Mayor Hart
asked for a direct yes or no answer from Mr. Schmitt.
Mr. Lind stated that the email said it was his understanding that there was a
mutually agreedlupon, interviewed candidate that would have the votes to be
appointed...
Mayor Hart stated that this would be a done deal and would not be transparent.
Mr. Schmitt stated that he believed they were being transparent.
Mayor Hart stated that privately having a mutually agreed upon 'candidate
selected while publicly protesting against a process was not being transparent.
He asked why, they would publicly say they want to remain open and transparent
when, privately, they already have a candidate selected.
Mr. Morrissey took exception to other councilmembers putting words in his mouth
and to the false accusations that he and other council members are not answering
or responding to calls.
146161 -.Morrissey/Amos
that "Resolution setting date of Special Election as July 12, 2016 to fill City
Council Ward 1 vacancy", be adopted. Roll call vote -Ayes: Six.
Mr. Welper stated that, regardless of what the vote is, this election is
automatic and voting for this item is the quickest way to move forward with it.
Suzy Schares, City Clerk, stated that, if council votes against this item, it
will only serve to push the election off until the end of July or early August.
Mr. Schmitt stated that he will be voting for this item because his goal is to
get seven council members as quickly as possible.
Resolution adopted and upon approval by Mayor assigned No. 2016-424.
ORAL PRESENTATIONS
Forest Dillavou, 1725 Huntington Rd., expressed concern with how the meeting was
handled tonight.
John Sherban, 1715 Robin Road, expressed concern with the Council.
Bill Kammeyer, 526 Home, Park Blvd., expressed concern with the Council.
June 6, 2016 Page 9
Randy Herrod, 111 Highland Blvd., expressed concern- with the Council.
Mr. Jacobs explained that tonight was a lively debate and_Council was doing what
they are supposed to do and will now have a special election.
Mr. Morrissey expressed concern with the quality of the video replay of council
meetings on the. Public Access Channel. He congratulated Michelle Weidner, Chief
Financial Officer, and her staff for receiving the Certificate of Achievement
for Excellence in Financial Reporting from the GFOA, the organization's highest
award.
Mr. Amos expressed his appreciation for the Mayoral Ball and recommended that it
is held every year.
146162 - Welper/Amos
that the above oral comments be received and placed on file. Voice vote -Ayes:,
Six. Motion carried.
ADJOURNMENT
146163`- Welper/Amos
that the Council adjourn at 6:54 p.m. Voice vote -Ayes: Six. Motion carried.
Suzy Sc ares, CMC
City C erk/Human Resource Director