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HomeMy WebLinkAbout1/09/2017January 9, 2017 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, January 9, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Absent: Lind Prayer or Moment of Silence: Rev. Jae Hee Lee of St. Paul's United Methodist Church Pledge of Allegiance: Daniel Trelka, Chief of Police. 145926 - Welper/Schmitt that the Agenda, as amended, by deleting the Terry Pearson Stevens recommendation of appointment from the Board and Commissions Committee, to allow for further discussion, and adding a Travel Request by Steven Hoambrecker, Director Waste Management Services, for a meeting at the Iowa Water Environment Association in Ankeny, Iowa, January 31 through February 1, 2017 with an amount not to exceed $335.00, for the Regular Session on Monday, January 9, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. 145927 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, January 3, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. Mayor Hart read a Proclamation declaring January 2017 as National Mentoring Month. Mayor Hart read a Proclamation to Join in National Observance of Dr. Martin Luther King, Jr.'s Birthday January 16, 2017. Mayor Hart performed the swearing in of three (3) Waterloo Fire Rescue Recruits; Greg Freshwater, Kyle Wilkins and Andy Dahlhauser. ORAL PRESENTATIONS David Dryer, 3145 W. 4th Street, questioned if Fire and EMT are full service, commented on the criticism he received for comments he made last week regarding economic development, and commented on Cedar Falls releasing more TIF money. Pat Treloar, Fire Chief, commented that the departments are fully staffed. 145928 - Welper/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. CONSENT AGENDA 145929 - Welper/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated January 9, 2017, in the amount of $2,898,841.25 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. 2017-13. 2. Resolution setting date of public hearing as January 23, 2017, to approve a request by Bertha Johnson, to purchase the home at 1420 Byron Avenue, in the amount of $5,000, and approve Development Agreement. Resolution adopted and upon approval by Mayor assigned No. 2017-14. January 9, 2017 Page 2 3. Resolution preliminarily approving specifications, bid documents, etc., and setting the date of bid opening as January 26, 2017 and the date of public hearing as February 6, 2017, for Turf Maintenance Equipment, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2017-15 4. Resolution approving preliminary plans, specifications, form of contract, etc., and setting date of bid opening as February 2, 2017, and date of public hearing as February 6, 2017, for the FY2017 Permeable Alley, Contract No. 905, and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Resolution adopted and upon approval by Mayor assigned No. 2017-16 5. Resolution approving the cancellation of special assessments for properties listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellations. Resolution adopted and upon approval by Mayor assigned No. 2017-17 b. Motion to approve the following: 1. a. 2. a. b. c. d. e. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Steven Hoambrecker, Director Waste Management Services 2017 Iowa Water Environment Association Ankeny, IA Jan 31 - Feb 1, 2017 $335.00 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Liquor & Tobacco Outlet, 2844 University Avenue B Wine / C Beer / E Liquor Renewal 1/31/2018 X HyVee Gas #2, 2221 Logan Avenue C Beer Renewal 1/2/2018 X Hampton Inn, 2034 LaPorte Road Special C Liquor Renewal 1/31/2018 X Special C Liquor C Liquor Renewal 10/28/2017 X XO Food & Liquor, 428 Franklin Street B Wine / C Beer / E Liquor Renewal 12/14/2017 X 3. Fireworks Display at the Cattle Congress on January 21, 2017 from 9:15 pm - 11:15 pm in conjunction with the Hairball Concert. 4. Cigarette/Tobacco/Nicotine/Vapor Permit Application for King Star, 2035 E. Mitchell Avenue. Roll call vote -Ayes: Six. Motion carried. PUBLIC HEARINGS 145930 - Schmitt/Welper that proof of publication of notice of public hearing on the opportunity to be heard regarding the sale of certain tracts of land formerly being portions of West San Marnan Drive, located adjacent to Sunnyside Country Club, as published in the Waterloo Courier on December 22, 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. 145931 - SchmittlWelper January 9, 2017 that the hearing be. Voice vote -Ayes: Six. Motion carried. RESOLUTIONS 145932 - Morrissey/Welper Page 3 that "Resolution approving an agreement with MidAmerican Energy Company for electrical distribution services along Wagner Road, in an amount of $2,750.44, and authorize the Mayor to execute the same", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-18. 145933 - Morrissey/Welper that "Resolution adopting the Record Retention Manual for Iowa Cities as the records retention schedule of the City of Waterloo, Iowa and establishing electronic imaging and destruction of records", be adopted. Roll call vote -Ayes: Six. Motion carried. Mayor Hart requested an overview of the item. City Clerk, Kelley Felchle, explained that the Iowa League of Cities has produced a Records Retention manual which the City of Waterloo has already been using, and wishes to formally adopt, as have many cities throughout the state of Iowa. Ms. Felchle also shared the process used for electronically managing documents, making them available for all city staff and the public. Mr. Jacobs asked about time frame requirements to retain both paper and electronic documents. Ms. Felchle clarified that there are varying schedules depending on the type of record. Resolution adopted and upon approval by Mayor assigned No. 2017-19. 145934 - Morrissey/Welper that "Motion approving Change Order No. 1 for a net decrease of $132,347.44 for the F.Y. 2017 Sidewalk Repair Assessment Program - Zone 6, Contract No. 909, and authorize the Mayor and City Clerk to execute said document.", be adopted. Roll call vote -Ayes: Six. Motion carried. David Dryer, 3145 W. 4th Street, questioned clarification of the decrease. Eric Thorson, City Engineer, explained that the decrease was within the zone and nothing will carry over. 145935 - Amos/Schmitt that "Resolution approving completion of project and recommendation of acceptance of work for work performed by Midwest Concrete, Inc., of Peosta, Iowa, at a total cost of $214,776.00, for the F.Y. 2017, Sidewalk Repair Assessment Program - Zone 6, Contract No. 909, and receive and file two-year maintenance bond", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-20. 145936 - Amos/Schmitt that "Resolution approving Supplemental Agreement No. 2, with AECOM of Waterloo, Iowa, in the maximum amount payable of $34,000.00, for construction related services, for the FY 2016 West 2nd, Cedar and West 3rd Streets Improvements, Contract No. 912, and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-21. 145937 - Amos/Schmitt January 9, 2017 Page 4 that "Resolution approving documents, and adopt and levy the final schedule of assessments in conjunction with the FY 2017 Sidewalk Repair Assessment Program - Zone 6, Contract No. 909", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-22. ORDINANCES 145938 - Schmitt/Welper that "an Ordinance amending the Code of Ordinances by repealing Article B, Bus Stop Benches, of Chapter 2, Sidewalk Construction, Inspections and Repair, of Title 7, Public Ways and Property; and enacting in lieu thereof a new Article B, Bus Stop Benches, of Chapter 2, Sidewalk Construction, Inspections and Repair, of Title 7, Public Ways and", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. Mr. Schmitt commented that he received calls from citizens stating that they are confused about the item. Aric Schroeder, City Planner, explained that the city has been working to bring bus benches up to compliance with Americans with Disabilities Act (ADA). He further explained that 150 benches currently exist and some have been identified as non-compliant, not on a bus route, etc. He further explained the changes to the ordinance. Mr. Schmitt questioned who determines which benches will be replaced. Aric Schroeder explained that ultimately the council does, based on those identified as priority. Mayor Hart commented that the city has been working with MET Transit on the process. Mr. Schmitt questioned how many benches will be replaced. Aric Schroeder explained that approximately 50-60 will be replaced in phases based on the benefit to MET Transit customers. Mr. Schmitt questioned where the funding for the project will come from. Aric Schroeder explained that monies have not yet been identified for the entire project and that MET Transit has some funding, etc. Mr. Schmitt questioned if suspending the rules is needed tonight. Aric Schroeder explained that he has been working with the City Attorney's office on a plan submitted to the Department of Justice (DOJ) and that they are hoping it could be approved tonight but if not it should not create issues with DOJ. Mr. Schmitt questioned if the requirements could go away with a change in the administration. Aric Schroeder explained that it would be hard to speculate. Mayor Hart commented that there are some of the benches are not in the best condition, and some that require grading. Regardless of a change in administration, there are still some things that we need to do to get them in order so that we can provide our citizens with a clean and safe bench to utilize. Mr. Jacobs questioned the total number of benches the city owns. Aric Schroeder explained that the city owns approximately 150. Mr. Jacobs questioned if all will need to be replaced. Aric Schroeder explained that they will need to be replaced or removed by 2019. Mr. Jacobs questioned the cost to replace 150. January 9, 2017 Page 5 Aric Schroeder explained that the cost of the bench would be uniform but the cost of the ground work would not be uniform due to the fact that each location has different features to work with to make it ADA compliant. Mr. Jacobs questioned what other cities are doing. Aric Schroeder explained that the city would not need all 150 and that most are serving an advertising function rather than a MET Transit rider function. The number needed as a minimum is still up for debate. Mayor Hart commented that a few weeks ago, staff did assess the 50 or so benches in an effort to track the most used sites. It is possible that the number may come down a little bit as we move forward. Mr. Schmitt questioned if some benches exist on routes that are no longer in use. Aric Schroeder commented that 29 would need to be removed in the immediate future. Mr. Morrissey questioned if the bus benches are part of the Pedestrian Master Plan. Aric Schroeder questioned if he is referring to the Pedestrian Master Plan being developed by INRCOG. Mr. Morrissey confirmed. Aric Schroeder explained that he believes bus benches are most likely included but he does not know to what extent. David Dwyer, 3145 W. 4th Street, questioned if the city will receive advertising revenue from the benches. Mayor Hart confirmed that it is the goal. 145939 - Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: (Jacobs, Schmitt) Motion failed. 145940 - Morrissey/Amos that "Code of Ordinances by amending the 2008 Traffic Code by adding Subsection (130a), Iowa Hwy 21, (Hawkeye Road), at Shaulis Road, A Full Actuated Push Button Pedestrian Signal, to Section 540, Obedience to Official Traffic -Control Devices", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Six. Motion carried. Mr. Schmitt stated he did get a call regarding the funding for this. Sandie Greco, Superintendent of Traffic, explained that this was 50% DOT funds and 50% city funds drawn from the 2015 G.O. Bond funding. 145941 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. Mr. Schmitt asked if the urgency of the rule suspension is due to safety. Sandie Greco confirmed. 145942 - Morrissey/Amos that "an Ordinance amending the Code of Ordinances by amending the 2008 Traffic Code by adding Subsection (130a), Iowa Hwy 21, (Hawkeye Road), at Shaulis Road, A Full Actuated Push Button January 9, 2017 Page 6 Pedestrian Signal, to Section 540, Obedience to Official Traffic -Control Devices", be considered and passed for the third time and adopted. Roll call vote -Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5382. ADJOURNMENT 145943 - Welper/Schmitt that the Council adjourn at 6:23 p.m. Voice vote -Ayes: Six. Motion carried. Kelley Fe City Cler