HomeMy WebLinkAboutMinutes-12/11/2017December 11, 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, December 11, 2017. Mayor Quentin Hart in the Chair. Roll Call:
Jacobs, Morrissey, Powers, Amos, Schmitt, and Welper. Absent: Lind
Prayer or Moment of Silence.
Pledge of Allegiance: Ron Welper, Ward 5 Council Member.
146339 - Welper/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, December 11, 2017, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Six. Motion carried.
146340 - Welper/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, December 4, 2017, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Six. Motion carried.
ORAL PRESENTATIONS
David Dreyer, 3145 W. 4th Street, questioned the process for appointing civil service employees, the
need for new versus old furniture in the Clerk/Finance office, the cost of physicals for fire fighters
and the cost to repossess the Rath building.
Lance Dunn, Human Resources Director, explained the hiring process for the civil service test and
that any required testing is done prior to the offer of employment.
Kelley Felchle, City Clerk, explained that the reconfiguration of the Clerk/Finance department
includes both old and new furniture.
Mayor Hart explained that the city does store unused furniture for use by other departments and that
some companies have donated furniture.
Pat Treloar, Fire Chief, explained that the physicals are in compliance with municipal police and fire
pension and the cost is approximately $1,400 per physical.
Dave Zellhoefer, City Attorney, explained that the city obtained possession of the Rath
Administration building and there were no liens on the property.
Jim Chapman, 224 Bertch, questioned what the city plans to do with the Rath building.
Mayor Hart explained that a couple of developers are interested in redeveloping the property.
Don Share, 1415 Downing Avenue, commented that the Food Bank is struggling to come up with
side dishes for Christmas and that they are seeking donations. He further commented that Computer
Reboot at 2806 Falls Avenue is a drop off location as well.
Todd Obadal, 124 Amity Drive, commented that he felt that statements made last week by the
Convention Center developer were inaccurate and he further commented that the developer used the
Facebook pages of the Ramada Hotel and Convention Center to endorse political candidates.
Mr. Schmitt explained that he had received calls for clarification on the revocation of Trucker's Bar
liquor license.
Dan Trelka explained that the chronic nuisance violation stays with the property not the individual.
Mr. Schmitt questioned the duration of the chronic nuisance designation.
Dan Trelka explained that the designation sits for one year.
146341 - Welper/Schmitt
December 11, 2017 Page 2
that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion
carried.
CONSENT AGENDA
146342 - Welper/Schmitt
that the following items on the consent agenda be received, placed on file and approved:
a. Resolutions to approve the following:
1.
a.
b.
c.
2.
1. Resolution approving Finance Committee Invoice Summary Report, dated December 11,
2017, in the amount of $4,390,896.67 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. 2017-994.
2. Resolution approving the request of Jeremy Hinz for tax exemptions on the construction of a
new garage valued at $15,000 for a property located at 1306 Fulton Street and located within
the Consolidated Urban Revitalization Area (CURA).
Resolution adopted and upon approval by Mayor assigned No. 2017-995.
3. Resolution approving the request of Rebel Saffold Jr. for tax exemptions on the construction
of a new garage valued at $25,815 for a property located at 418 Fowler Street and located
within the Consolidated Urban Revitalization Area (CURA).
Resolution adopted and upon approval by Mayor assigned No. 2017-996.
4. Resolution approving the request of Home Crest Properties for tax exemptions on the
construction of home improvements valued at $4,400 for a property located at 1820 Logan
Avenue and located within the Consolidated Urban Revitalization Area (CURA).
Resolution adopted and upon approval by Mayor assigned No. 2017-997.
5. Resolution approving preliminary specifications, bid document, form of contract, etc. and
setting date of bid opening as January 4, 2018 and date of public hearing as January 8, 2018,
for the purchase of one (1) base model midsize AWD SUV for the motor pool.
Resolution adopted and upon approval by Mayor assigned No. 2017-998.
b. Motion to approve the following:
a.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
(2) Firefighters
Arson Investigation
School
Ames, IA
March 19-
30, 2018
$1,400
Chief Treloar,
Lieutenant
Hernandez, and
Erica Christiansen,
HIPAA Specialist
ESO WAVE Interactive
Conference
Austin, TX
January 31 -
February 2,
2018
$3,600
Jennifer Sparks,
Permit Writer
ICC Residential Plans
Examiner Exam
Coralville,
IA
December
13, 2017
$199
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Kwik Star #380, 506 W. 9th
C Beer
Renewal
11/18/2018
x
December 11, 2017
Page 3
Street
4. Work Session minutes of December 4, 2017.
5. Human Resources Committee minutes of December 4, 2017.
6. Cigarette/Tobacco Permit New Application for United Mart Inc. dba New Star, 315 Fletcher Avenue.
Roll call vote -Ayes: Six. Motion carried.
PUBLIC HEARINGS
146343 - Schmitt/Amos
that proof of publication of notice of public hearing on FY 2018 Mark's Park Resurfacing Project, as
published in the Waterloo Courier on November 23, 2017, 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 comments and
there were none.
146344 - Schmitt/Amos
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
146345 - Schmitt/Amos
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll -call vote -Ayes: Six. Motion carried.
Mr. Schmitt requested an overview of the project.
Paul Huting, Leisure Services Director, explained that the rubberized surfacing at the park needs to
be replaced. He further explained that the Community Foundation and the Young Family are
contributing funds to aid in the financial cost of the repairs.
Mr. Schmitt questioned the warranty period for the surfacing.
Paul Huting explained that the warranty expired after five or six years.
Resolution adopted and upon approval by Mayor assigned No. 2017-999.
146346 - Schmitt/Amos
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-1000.
146347 - Schmitt/Amos
Motion to receive and file and instruct City Clerk to read bids and refer to Director of Leisure
Services for review.
Estimate: $55,000
Bidder
Bid Security
Bid Amount
Boland Recreation
5%
$53,750
Marshalltown, IA
Alt: $0.00
Cunningham Recreation°
5 �0
$60,726
Charlotte, NC
Alt: $11,045
December 11, 2017 Page 4
Voice vote -Ayes: Six. Motion carried.
146348 - Amos/Morrissey
that proof of publication of notice of public hearing on Sale and conveyance of City owned property
located adjacent to 1947 Rainbow Drive, in the amount of $1.00, to LG Companies, LLC, including
a Development Agreement, as published in the Waterloo Courier on December 1, 2017, 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 comments.
Mayor Hart requested an overview.
Noel Anderson, Community Planning and Development Director, provided an overview of the
purchase, explained that it is not former highway right of way, and noted that the sale meets the
city's Sale of Property Policy.
Todd Obadal, 124 Amity Drive, stated that he believes the property should be subject to open
bidding and believes that it does not sit in a TIF District. He further questioned how the buyer
became aware of the opportunity to purchase the property.
Noel Anderson explained that the Sale of Property Policy allows the city to sell property for $1.00 or
for council to ask for a higher sale price. He further explained how the public can find out if the city
has property available for sale.
Bruce Kaesser, 500 Sycamore, questioned why the city sells property for $1.00.
Noel Anderson explained the Sale of Property Policy.
Mayor Hart commented that a development agreement exists for the sale of the property to ensure a
home will be built on the site.
David Dreyer, 3145 W. 4th Street, commented that not everyone in the city knows how to use the
internet and suggested the city publish the sale in the paper.
Noel Anderson commented that the notice of the public hearing for the sale of the property was
published in the Waterloo Courier.
Mayor Hart commented that it makes sense to look into additional ways to notify the public.
Lawrence Wheeler, 433 Bratonober, commented that he does not support selling the property for
$1.00.
Josh Powers, 5725 Blue Sage Road, questioned how much money the city will acquire in taxes.
Shay Trask, LG Companies, LLC, explained that the home will be valued at $220,000, and will be
owner occupied.
Noel Anderson explained that the taxes will be about $4,800 with $2,200 of that going to the City of
Waterloo.
Mr. Jacobs commented he supports the development agreement, and questioned if anyone did wish
to offer more money for the property.
146349 - Amos/Morrissey
that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Six.
Motion carried.
146350 - Amos/Morrissey
December 11, 2017 Page 5
that "Resolution authorizing the sale and conveyance of City owned property located adjacent to
1947 Rainbow Drive, in the amount of $1.00, to LG Companies, LLC, and authorizing the Mayor
and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Six. Motion carried.
Mr. Schmitt questioned if the development agreement typically includes a minimum value.
Noel Anderson explained that they generally do not include a minimum value for residential
properties but they do for commercial and industrial properties.
Mr. Schmitt commented that the city does need to do more to promote properties that are for sale.
Noel Anderson explained that efforts are being made to expand how the public is made aware of
available parcels.
Mr. Schmitt questioned if the waterway is an issue for the development.
Noel Anderson explained that with the design and layout of the home works well with the current
flood plain.
Resolution adopted and upon approval by Mayor assigned No. 2017-1001.
146351 - Amos/Morrissey
that "Resolution approving a Development Agreement with LG Companies, LLC to construct one
single-family dwelling with an attached garage on property located adjacent to 1947 Rainbow Drive,
and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -
Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-1002.
RESOLUTIONS
146352 - Welper/Morrissey
that "Resolution approving Bus Bench Agreement with The Bench Company and Outdoor
Advertising, LLC, providing for the termination of the bus bench program, the removal and
maintenance of benches, and providing for payment of $5,000 to the City of Waterloo for bench
removal, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll -call
vote -Ayes: Six. Motion carried.
Bruce Kaesser, 500 Sycamore Street, questioned if a bid could be submitted for the project.
Mayor Hart explained that this is an agreement between the city and the owner of benches.
Aric Schroeder, City Planner, provided an overview of the Bus Bench Program, the agreement with
the Department of Justice, and the contract on the table for discussion.
Mayor Hart commented that the city has been having conversations with MET Transit on solutions
for compliance.
Aric Schroeder commented that the city has not made a final decision on final specifications on the
new benches.
Mr. Powers questioned if the benches will include a weather shelter.
Aric Schroeder commented that at this point, due to the estimated cost, they have not included plans
for shelters in the initial phase of the project. He further commented that the pads are being poured
so that in the future the city would be able to include a shelter.
Mr. Powers questioned if a shelter is required for ADA compliance.
Aric Schroeder explained a shelter is not required.
December 11, 2017 Page 6
Resolution adopted and upon approval by Mayor assigned No. 2017-1003.
146353 - Morrissey/Amos
that "Resolution approving the First Amendment to Deed of Dedication for Wagner Road
Subdivision, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll -
call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-1004.
146354 - Morrissey/Amos
that "Resolution approving a Professional Services Agreement with Kapaun Consulting Engineers of
Hudson, Iowa in the amount of $26,655 for the redesign and engineering to replace the HVAC units
for the Waste Management Services Administration building, and authorize the Mayor and City
Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Six. Motion carried.
David Dreyer, 3145 W. 411' Street, questioned why the city has to have a consultant draw plans to
replace HVAC units at the Waste Management Services Administration building.
Steve Hoambrecker, Waste Management Services Director, explained that the entire system was not
engineered to work correctly for the site and does need to be redesigned.
Resolution adopted and upon approval by Mayor assigned No. 2017-1005.
146355 - Morrissey/Amos
that "Resolution approving Completion of Project and Recommendation of Acceptance of Work
performed by Lodge Construction of Clarksville, Iowa, at a total cost of $157,550.75, in conjunction
with the FY 2016 Sherwood Recreation Area, Phase II Improvements", be adopted. Roll -call vote -
Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-1006.
146356 - Welper/Amos
that "Resolution approving an amendment to a Development Agreement with Taylor Ventures, LLC
to amend dates due to new timeline of project, and authorize Mayor and City Clerk to execute said
documents", be adopted. Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-1007.
146357 - Welper/Amos
that "Resolution approving Supplemental Agreement No. 1 to the Professional Services Agreement
with AECOM Technical Services, Inc. of Waterloo, Iowa, in an amount not to exceed $57,500 in
conjunction with the Virden Creek Levee Improvements Project, and authorize the Mayor to execute
said document", be adopted. Roll -call vote -Ayes: Six. Motion carried.
Mr. Schmitt requested an overview of the item.
Eric Thorson, City Engineer, explained the agreement amendment.
Doug Schindel, AECOM, explained that FEMA generally has models for these projects and they did
not so their company has to undertake the model recreation.
Mr. Morrissey questioned if the known Virden Creek issues would be addressed with this project.
Doug Schindel explained this would take care of the properties that will be coming into the flood
plain.
Noel Anderson explained that this is the area by Hwy. 63 and the city is working to obtain easements
to move ahead with the project.
December 11, 2017 Page 7
Mr. Morrissey questioned if this will help properties located near Rolleston Road.
Noel Anderson explained that FEMA is working to remap this area and if the project is not done
they will be added to the flood plain.
Resolution adopted and upon approval by Mayor assigned No. 2017-1008.
146358 - Schmitt/Amos
that "Resolution approving submission of grant application to Black Hawk County Gaming
Association in the amount of $750,000 with a $750,000 city match for aesthetic enhancements on
the University Avenue Reconstruction Project", be adopted. Roll -call vote -Ayes: Six. Motion
carried.
Eric Thorson, City Engineer, explained a handout provided to council which included the
compilation of results of enhancement surveys given to current and new council members.
Mr. Morrissey questioned if median enhancements would be considered a public safety need rather
than an enhancement.
Larry Wiele, AECOM, explained that will be a median but costs would be included for an additional
push button in the crosswalk to make the design safer.
Resolution adopted and upon approval by Mayor assigned No. 2017-1009.
ORDINANCES
146359 - Morrissey/Welper
that "an Ordinance amending the City of Waterloo Code of Ordinances by adding a new Title 5
Chapter 2 Section 13 Fireworks", be received, placed on file, considered and passed for the second
time. Roll -call vote -Ayes: Six. Motion carried.
146360 - Morrissey/Welper
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll -call vote -Ayes: Six. Motion carried.
Mayor Hart explained this item does have a time factor involved.
Kelley Felchle, City Clerk, explained the timeline needed to publish the ordinance.
146361 - Morrissey/Welper
that "an Ordinance amending the City of Waterloo Code of Ordinances by adding a new Title 5
Chapter 2 Section 13 Fireworks", 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. 5427.
146362 - Welper/Amos
that "an Ordinance amending the 2007 City of Waterloo Code of Ordinances Chapter 3, Electrical
Regulations of Title 9, Building Regulations", be received, placed on file, considered and passed for
the first time. Roll -call vote -Ayes: Six. Motion carried.
Noel Anderson provided an overview of the ordinance changes.
146363 - Welper/Morrissey
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll -call vote -Ayes: Six. Motion carried.
December 11, 2017 Page 8
146364 - Welper/Morrissey
that "an Ordinance amending the 2007 City of Waterloo Code of Ordinances Chapter 3, Electrical
Regulations of Title 9, Building Regulations", 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. 5428.
146365 - Morrissey/Amos
that "an Ordinance providing that general property taxes levied and collected each year on all
property located with the newly described Northeast Industrial Area Urban Renewal and
Redevelopment 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: Six. Motion carried.
David Dreyer, 3145 W. 4th Street, requested clarification on items 13, 14, 15, and 16.
Noel Anderson provided an explanation the value gained by selling the parcels.
Mayor Hart questioned funding for ground work being done on the Northeast side.
Noel Anderson explained the funds are from the TIF.
Michelle Weidner, Chief Financial Officer, explained that some of the money would be included the
general obligation bonds.
Noel Anderson explained that the 1993 section of the TIF is not subject to the sunset clause and is
annually re-evaluated for the potential to release funds or reinvest in the area. He further explained
removing and expanding property in the TIF District.
Ordinance adopted and upon approval by Mayor assigned No. 5429.
146366 - Schmitt/Amos
that "an Ordinance providing that general property taxes levied and collected each year on all
property located within the newly expanded Northeast Industrial Area Urban Renewal and
Redevelopment 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 received, placed on file,
considered and passed for the third time and adopted. Roll -call vote -Ayes: Six. Motion carried.
Forest Dillavou, 1725 Huntington Road, commented that he believes the funds will never reach the
general fund and that the urban renewal TIF Districts will never be used to help be used to pay for
police and fire departments.
Ordinance adopted and upon approval by Mayor assigned No. 5430.
146367 - Welper/Amos
Motion to table Item #15 for one week. Roll call vote: six. Motion carried.
Noel Anderson explained that for record keeping purposes, it is prudent to table this item for one
week so that the third actions for Items #15 and #16 occur at the same time.
That "an Ordinance providing that general property taxes levied and collected each year on all
property located within the newly described San Marnan Urban Renewal and Redevelopment Plan
December 11, 2017 Page 9
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.
146368 - Amos/Morrissey
that "an Ordinance providing that general property taxes levied and collected each year on all
property located within the newly expanded San Marnan Urban Renewal and Redevelopment 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 received, placed on file, considered and passed for
the second time. Roll -call vote -Ayes: Six. Motion carried.
146369 - Amos/Morrissey
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll -call vote -Ayes: Zero. Nays: Six (Jacobs, Morrissey, Powers, Amos, Schmitt, and
Welper). Motion failed.
OTHER COUNCIL BUSINESS
146370 - Morrissey/Amos
to approve Change Order Nos. 1-3 for a total increase of $28,114.54, to Peterson Contractors, Inc. of
Reinbeck, Iowa, in conjunction with the FY 2018 Waterloo Boathouse Enhancements, be received,
placed on file and approved. Voice vote -Ayes: Six. Motion carried.
Paul Huting provided an overview of the change order.
Mr. Powers questioned the change in service panels.
Paul Huting explained the change in service panels.
Bruce Jacobs questioned why aluminum wiring is being used.
Paul Huting commented that it was recommended by the engineer to make the change.
ADJOURNMENT
146371 - Welper/Morrissey
that the Council adjourn at 6:56 p.m. Voice vote -Ayes: Six. Motion carried.
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