HomeMy WebLinkAboutMinutes-3/06/2017March 6, 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, March 6, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs,
Morrissey, Powers, Lind, Amos, Schmitt, and Welper.
Prayer or Moment of Silence: Melissa Tate, Cedar Valley Atheists
Pledge of Allegiance: Julie Dawson, Housing Authority Director
146107 - Welper/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, March 6, 2017, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
146108 - Welper/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, February 27, 2017, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
Mayor Hart recognized Doug Anderson as the March 2017 Team Member of the Month.
ORAL PRESENTATIONS
David Dryer, 3145 W. 4th Street, asked council to reconsider voting against an encroachment
agreement last week.
Jim Chapman, 224 Bertch, expressed that he disagrees with a councilman stating that the city is
growing and that many houses are empty and need to be filled.
Todd Obadal, 124 Amity Drive, asked council to reconsider voting against an encroachment
agreement last week.
Mayor and Council Monthly Reports
Mr. Morrissey reported that Ward 3 and Ward 4 had 45 people attend their combined ward meeting
regarding the subject of guns in Wards 3 & 4, and a discussion on quiet zones. He further shared the
date of the next Ward 3 meeting which will be held on March 30th from 6:00 — 7:30 p.m.
Mr. Jacobs commented that on Saturday night he did a ride along with Officer Hundley and was
impressed with the community policing exhibited by the officer and commended Chief Trelka and
all of the officers for their service.
Mr. Schmitt questioned if the council members who voted to deny the resolution will be willing to
reconsider.
Mayor Hart stated that it would be discussed at the end of the meeting.
Mayor Hart commented that March 24th at eleven o'clock will be the state of the city address at the
SportsPlex.
146109 - Welper/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
146110 - Welper/Schmitt
that the following items on the consent agenda be received, placed on file and approved:
a. Resolutions to approve the following:
March 6, 2017
Page 2
1. Resolution approving Finance Committee Invoice Summary Report, dated March 6, 2017, in
the amount of $5,190,631.15 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. 2017-159.
2. Resolution approving request by Brandon Simon, on behalf of 74PROmotions, for a variance
to Ordinance 5-2-11, Vehicles on Flood Control Levees, on May 6, 2017 from 10:00 a.m. to
6:00 p.m., to allow motor cross racers to cross the levee and operate on Cattle Congress
grounds on both sides of the levee and Ordinance 4-5-6, Motor Vehicle Maximum Sound
Levels, on May 6, 2017 from 11:00 a.m. to 5:00 p.m., in conjunction with the UrbanCross
Grand Prix event.
Resolution adopted and upon approval by Mayor assigned No. 2017-160.
3. Resolution approving request from Antioch Baptist Church to hold its annual 5K walk/run on
August 12th, 2017 from 9:00 a.m. to 11:00 a.m., beginning and ending at the Church, located
at 426 Sumner Ave.
Resolution adopted and upon approval by Mayor assigned No. 2017-161.
4. Resolution approving preliminary specifications, bid documents, etc. and setting date of bid
opening as March 30, 2017 and public hearing as April 3, 2017, for purchase and installation
of the remainder of FY 2017 through FY 2018 Police Vehicle equipment needs, and instruct
the City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-162.
5. Resolution approving assessment to property for work performed by the Waterloo Water
Works, together with recommendation of approval by the Waterloo Water Works Board of
Trustees: Address and amount to certify: 212 Webster Street - $1,383.55.
Resolution adopted and upon approval by Mayor assigned No. 2017-163.
6. Resolution approving preliminary plans, specifications, bid documents, etc., and setting date
of bid opening as March 23, 2017 for 2017 Lift Stations Mowing, and instruct City Clerk to
publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-164.
7. Resolution approving request by Langman Construction, Inc. for Variance to Noise
Ordinance No. 3094, Noise Ordinance, from March 6, 2017 through November 21, 2017,
from 6:00 a.m. to 10:00 p.m., in conjunction with the Highway 63 Reconstruction Project
along Mullan Avenue from Franklin Street to Jefferson Street.
Resolution adopted and upon approval by Mayor assigned No. 2017-165.
Resolution setting date of public hearing as March 20, 2017 for the sale and conveyance of
city -owned property, located at 1003 Lafayette Street, through the Neighborhood
Stabilization Program, to Iowa Heartland Habitat for Humanity, with a purchase price of
$130,000.00, and instruct City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-166.
9. Resolution approving preliminary plans, specifications and bid documents and setting date of
bid openings as March 23, 2017 and date of public hearing as March 27, 2017 for the 2017
Right of Way Mowing Contract and instruct City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-167.
b. Motion to approve the following:
March 6, 2017
1.
2.
a.
In
a.
a
Page 3
Travel Requests
Name & Title of
Name & Address of
Class
New or Expiration
Amount
Personnel
Class/Meeting
Destination
Date(s)
not to
C Liquor
X 1/20/2018
X
4th Street
Exceed
Steve Isenhower,
Operation of
AT HOME
February
$118.00
Instrument Control
Wastewater
STUDY
22, 2017
Technician
Treatment Plants
Volume II
Six (6) Waterloo Police
Governor's
Altoona, IA
April 19-
$746.00
Officers
Traffic Safety
27, 2017
Bureau GTSB
Conference
Approved Beer, Liquor, and Wine Applications
Name & Address of
Class
New or Expiration
Includes
Business
Renewal Date
Sunda
The Broken Record, 315 W.
C Liquor
X 1/20/2018
X
4th Street
w/Outdoor Service
Elite Cafe Bar, 1108
C Liquor
X 2/7/2018
X
Jefferson Street
4. Motion to appoint Ed Abben as Facilities Maintenance Foreman, in the Building Maintenance
Department, effective March 7, 2017.
5. Motion to appointment of Greg Ahlhelm as Building Official, effective March 7, 2017.
Mr. Schmitt questioned Item 1BIb, six officers attending GTSB Training.
Dan Trelka, Chief of Police, commented, that he believes the agenda is in error.
(Following the meeting, the Clerk's office did confirm that the agenda was incorrect, and the dates
of the conference should read April 19-20, 2017).
Roll call vote -Ayes: Six. Nays: One (Schmitt Item 1134, due to the fact that he believes the entire
department head configuration should be reviewed prior to the appointment of any individual, and
further noted it has nothing to do with the named appointee). Motion carried.
PUBLIC HEARINGS
146111 - Schmitt/Morrissey
that proof of publication of notice of sale and conveyance of city owned property located at 515 E.
3rd Street, 519 E. 3rd Street, 516 Pine Street, and 521 Pine Street, in the amount of $1.00, to JSA
Development, LLC., as published in the Waterloo Courier on February 24, 2017, be received and
placed on file. Voice vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral objections.
David Deeds, JSA Development, LLC., presented a presentation on the proposed neighborhood
revitalization for the Walnut Neighborhood.
Laura Hoy, 335 Almond Street, an officer of Link Christian Development and member of the
Walnut Housing Coalition, spoke in support of the development agreement and of the positive the
impact it will have in the Walnut Neighborhood.
Ali Parrish, 856 Sunrise Blvd and Executive Director of Habitat for Humanity, expressed support for
the item and commented that Habitat for Humanity is excited to be working in a coalition to
revitalize a neighborhood.
Ed Ottesen, 1941 W. 6th Street and Chairman Waterloo Historic Preservation Commission, spoke in
support of the development agreement.
March 6, 2017
Page 4
Charles Pierson, 1750 Flower Street, spoke in support of the item and questioned the type of survey
the city will conduct to assess the historical district.
Esther Valtchev, 527 E. Park, expressed excitement for the project.
David Dryer, 3145 W. 4`h Street, commented that supporting the project will make his property taxes
go up and believes that JSA should pay at least $1,000 per lot.
Willie May Wright, 327 Almond Street, thanked Laura Hoy for her work in the neighborhood and
expressed support for the project.
Forest Dillavou, 1725 Huntington Road, expressed concern with selling 515 E. 3rd Street as the city
does not yet own that property and has concern for JSA Development's involvement in the project.
Noel Anderson, Community Planning and Development Director, explained language in the
development agreement regarding 515 E. 3rd Street.
Todd Obadahl, 124 Amity Drive, spoke in support of approving the item.
Judy Marshall, 316 Walnut, spoke in support of approving the item.
146112 - Schmitt/Morrissey
that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
146113 - Schmitt/Amos
that "Resolution authorizing sale and conveyance of city owned properties located at 519 E. 3rd
Street, 516 Pine Street, and 521 Pine Street to JSA Development, LLC for $1.00 each", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Mr. Schmitt questioned why 515 E. 3rd Street was not included in the sale and conveyance.
Noel Anderson explained why 515 E. 3rd Street is not included.
Mr. Lind requested an overview of a spreadsheet provided by Noel Anderson and questioned if this
location is in a TIF district.
Noel Anderson confirmed it is in the Logan TIF District and provided an overview of the three
properties.
Mr. Lind questioned if some of the houses were acquired via 657A.
Noel Anderson confirmed.
Mr. Lind requested an overview of the terms of the development agreement.
Noel Anderson explained the terms of the development agreement and explained the tax schedule.
Mr. Lind questioned what would happen if JSA Development will not receive historic tax credits.
David Deeds explained that JSA Development is confident that they will receive the historic tax
credits. He further explained that the development agreement includes an `out' if the state or federal
government does not award a historic tax credit and that the program is available to homeowners as
well.
Mr. Lind questioned a clause in the agreement that referred to tax rebates and asked for clarification.
Noel Anderson explained the clause.
Mr. Schmitt questioned the two-year moratorium.
March 6, 2017
Page 5
David Deeds explained that the moratorium is to prevent further demolition in the neighborhood to
see if the coalition is effective and to try to rehab future homes if it is.
Mr. Schmitt commented that he is happy to see a public-private partnership save the neighborhood.
Mr. Morrissey thanked David Deeds for his work and spoke in support of the project.
Mayor Hart commented that the project has been years in the making and that this is a great model
for other areas in town.
Resolution adopted and upon approval by Mayor assigned No. 2017-168.
146114 - Schmitt/Morrissey
that "Resolution approving a development agreement with JSA Development, LLC, requiring the
city to obtain a historical consultant to oversee work needed to establish a Walnut Historic
Neighborhood National Register of Historic Places District, providing a grant of $10,000 to JSA
Development, LLC for the completion of historic rehabilitation of properties listed in said
agreement, and establish terms for future property acquisitions and easements in said Walnut
Neighborhood", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-169.
146115 - Lind/Powers
that proof of publication of notice of public hearing on the sale of city owned right-of-way, located
north of 2006 Dubuque Road to Noe and Selivy Sibrian, in the amount of $1,000, as published in the
Waterloo Courier on February 24, 2017, 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.
146116 - Lind/Morrissey
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
146117 - Lind/Morrissey
that motion to "receive, file and consider and pass for the first time an ordinance approving a
request to vacate a portion of city owned right-of-way located north of 2006 Dubuque Road", be
adopted. Roll -call vote -Ayes: Seven. Motion carried.
Mr. Lind questioned the sale for the item.
Noel Anderson explained that the city needed to follow Iowa Code §306.23 to sell the land and the
terms of the agreement.
146118 - Lind/Morrissey
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Seven. Motion carried.
146119 - Lind/Amos
that "an Ordinance approving a request to vacate a portion of city owned right-of-way located north
of 2006 Dubuque Road", be considered and passed for the second and third times and adopted. Roll
call vote -Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5391.
146120 - Lind/Amos
March 6, 2017
Page 6
that "Resolution authorizing sale and conveyance of city -owned right-of-way, .23 acres, located
north of 2006 Dubuque Road, to Noe and Selivy Sibrian in the amount of $1,000.00", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-170.
146121 - Lind/Amos
that "Resolution approving Development Agreement, including storm water and vehicular use area
improvements within twelve (12) months of agreement date", be adopted. Roll -call vote -Ayes:
Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-171.
146122 - Morrissey/Amos
that proof of publication of notice of public hearing on the FY 17/18 Complaint Mowing with
Complaint Snow Removal Contract, as published in the Waterloo Courier on February 21, 2017, 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.
146123 - Morrissey/Amos
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
146124 - Morrissey/Amos
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-172.
146125 - Morrissey/Amos
that "Resolution to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-173.
146126 - Morrissey/Amos
Motion to receive and file and instruct City Clerk to read bids and refer to Code Enforcement for
review.
Estimate: $50,000
Bidder
Bid Security
Bid Amount
A:
$
25.00
R&D Lawn Care, LLC
B:
$
23.33$1,500
Waterloo, IA
C:
$
30.00
D:
$
45.00
E:
$
25.00
A:
$
33.00
Robert Hauptly Construction
B:
$
33.00$1,500
Waterloo, IA
C:
$
33.00
D:
$
40.00
E:
$
33.00
Voice vote -Ayes: Seven. Motion carried.
146127 - Schmitt/Lind
March 6, 2017
Page 7
that proof of publication of notice of public hearing on the FY 2017 CIP Pipelining Phase IIIA,
Contract No. 919, as published in the Waterloo Courier on February 21, 2017, 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.
Marcia Buttgen, 1510 Lyon, requested explanation of the item.
Steve Hoambrecker, Waste Management Director, provided an overview of the project.
146128 - Schmitt/Lind
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
146129 - Schmitt/Lind
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-174.
146130 - Schmitt/Lind
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-175.
146131 - Schmitt/Lind
Motion to receive and file and instruct City Clerk to read bids.
Estimate: $1,513,605.06
Bidder
Bid Security
Bid Amount
Insituform Technologies
o
5 /o
$1,472,958.20
Chesterfield, MO
SAK Construction
5%
$1,615,260.35
O'Fallon, MO
HydroKlean
5 /o
$1,542,284.11
Des Moines, IA
Municipal Pipe Tool Company
o
5/0
$1,465,634.00
Hudson, IA
Voice vote -Ayes: Seven. Motion carried.
146132 - Schmitt/Lind
that "Resolution approving award of contract to Municipal Pipe Tool Co., LLC of Hudson, Iowa, in
the amount of $1,465,634, and approving the contract, bonds, and certificate of insurance for the FY
2017 CIP Pipelining Phase IIIA, Contract No. 919, be adopted. Roll -call vote -Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-176.
RESOLUTIONS
146133 - Amos/Morrissey
that "Resolution approving Convention and Visitors Bureau Board recommendations for funding the
following hotel -motel mini grant applications: USS Orion Reunion in the amount of $2,070 and
Iowa Parks & Recreation Association in the amount of $2,100", be adopted. Roll call vote -Ayes:
seven. Motion carried.
March 6, 2017 Page 8
Resolution adopted and upon approval by Mayor assigned No. 2017-177.
146134 - Amos/Morrissey
that "Resolution approving Agreement with Iowa Department of Transportation for use of city
streets to detour Highway 63 traffic using W. Airline Highway, Airport Blvd., and US 218 in
conjunction with the Highway 63 PC Pavement - Grade and Replace Project (NHSX-063-6(78)--3H-
07) from Jefferson Street to Franklin Street; and authorize Mayor to execute said document", be
adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-178.
146135 - Morrissey/Amos
that "Resolution accepting donation from Grey Fox Properties LLC, for two parcels of real estate
located at 200 Merriman Street and 1527 E. 4th Street.", be adopted. Roll call vote -Ayes: Seven.
Motion carried.
David Dryer, 3145 W. 4h Street, requested an overview of the item.
Dave Zellhoefer, City Attorney, explained that they are offering to deed the properties to the city
rather than go through the 657A process, which would cost the approximately $5,000.
Mr. Jacobs questioned if the city has a plan for the green space.
Noel Anderson explained that the city will be looking for infill development for the properties if they
are demolished or rehab.
Resolution adopted and upon approval by Mayor assigned No. 2017-179.
146136 - Morrissey/Amos
that "Resolution approving and accepting certain acquisition contract and accepting certain deeds to
sell real property to the City of Waterloo for the acquisition of needed property for the Dry Run
Creek Interceptor Project, sanitary sewer improvements, and accept a temporary easement from
Prime RE, LLC for $37,415.39 ($25,934.72 fee title acquisition, $11,480.67 temporary easement)
located east of 2535 Crossroads Boulevard", be adopted. Roll call vote -Ayes: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-180.
146137 - Morrissey/Amos
that "Resolution approving and accepting certain acquisition contract and accepting certain deed to
sell real property to the City of Waterloo for the acquisition of needed property for the Dry Run
Creek Interceptor Project sanitary sewer improvements from Prime RE, LLC for $18,262.44, located
east of 2325 Crossroads Boulevard", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-181.
Mayor Hart requested that Mr. Anderson provide further explanation of the encroachment agreement
for property located at 1155 Hawthorne Avenue.
Noel Anderson provided an overview of the encroachment agreement.
Mr. Lind questioned what staff recommended approval.
Noel Anderson explained the planning staff reviewed and recommended approval, and added that
the engineering staff and Water Works staff recommended against it.
Mr. Jacobs commented that the city has provided a fair compromise for the home owner, and
additional information has been obtained this week that he feels warrants further discussion.
March 6, 2017
Page 9
Mayor Hart questioned if anyone on council who voted on the prevailing side would like to bring the
item back.
Mr. Powers commented that he spoke with Mr. Lind, Mr. Schmitt, Mr. Jacobs, and Todd Obadahl as
well as the contractor, and commented that he stands by his vote but is willing to look for a
resolution in the future.
Mayor Hart commented that the item needs to be voted to resume.
Mr. Powers clarified that he would look for a resolution, but is not offering a motion at this time to
bring the item back.
Mr. Morrissey commented that he reviewed the Planning and Zoning Commission Meeting video
and stands by his vote.
ADJOURNMENT
146138 - Morrissey/Welper
that the Council adjourn at 7:01 p.m. Voice vote -Ayes: Seven. Motion carried.
) 6 �" 410
Kelley Felchl
City Clerk