HomeMy WebLinkAboutMinutes-12/04/2017December 4, 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 4, 2017. Mayor Quentin Hart in the Chair. Roll Call:
Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Mr. Powers joined via telephone.
Prayer or Moment of Silence: Rev. Dr. Duane Lindberg
Pledge of Allegiance: Jerome Amos, Ward 4 Council Member
146308 - Welper/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, December 4, 2017, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
146309- Welper/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, November 27, 2017, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
Mayor Hart read a Proclamation Declaring December 9, 2017, as International Human Rights Day
Celebration in Waterloo.
Youth Art Team Presentation and Update.
ORAL PRESENTATIONS
Jim Chapman, 224 Bertch, commented that he was surprised by the conversation at the council
meeting last week regarding the 5 Sullivan Brothers Convention Center and commented on an article
in the Courier regarding council members needing to abstain from Mr. Lind's proposed resolution to
appoint special council to review the convention center sale.
Bill Kammeyer, 526 Home Park Blvd., commented that it is the right of citizens to have dialogue
with elected officials and that they should not take personal the comments made by the public.
Bruce Kaesser, 106 E. 3rd Street, commented that the ADA Committee needs more input on facilities
in the city and encouraged residents to contact him with concerns.
David Dreyer, 3145 W. 4th Street, read rule number five from the general rules of public
participation and stated that he believes it needs to apply to council as well.
Todd Obadahl, 124 Amity Drive, commented that the issue of liable and slander came up last week
and council members should not be chastised for asking questions. He stated that a
city official stated that an article referenced last week was incorrect and that the city could be
engaging in liable or slander by allowing incorrect statements about the article to be made at the
meeting.
Dwayne Ehilers, 1205 1/2 Bishop Street, commented that he owns property at the end of Columbia
Street and is tired of trash being dumped at the site. He stated that he went to Code Enforcement and
Street Department and asked them why they have not taken care of the site. He explained that Code
Enforcement tagged and towed his semi. He further commented that he and his brother have been
cleaning and grading the site for years.
Mayor and Council Monthly Reports
Mr. Morrissey provided an update on his 47th monthly Ward 3 meeting.
146310 - Welper/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
146311 - Welper/Schmitt
December 4, 2017 Page 2
1.
2.
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 December 4,
2017, in the amount of $1,273,905.99 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. 2017-982.
2. Resolution approving the 2018 Budget of the Waterloo Water Works, and authorizing the
City Clerk to file said documents with the Black Hawk County Auditor.
Resolution adopted and upon approval by Mayor assigned No. 2017-983.
3. Resolution approving preliminary specifications, bid document, form of contract, etc. and
setting date of bid opening as December 14, 2017 and date of public hearing as December 18,
2017, for the purchase of one (1) four-wheel drive compact pick-up truck, with crew cab, for
Code Enforcement.
Resolution adopted and upon approval by Mayor assigned No. 2017-984.
b. Motion to approve the following:
a.
b.
a.
b.
c.
d.
e.
f.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Chris Charley,
Lt./Training Officer,
Mike Schipper, Fire
Engineer and (1)
Firefighter
Instructor 2 Class
Ames, IA
Dec. 12-14,
2017
$571.31
Pat Treloar and Troy
Luck
Deliver Fire Truck to
repair center.
Weyauwega,
WI
Dec. 8,
2017
$200
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
ALDI, Inc. #33, 1918
Schukei Rd.
B Wine / C Beer
Renewal
11/3/2018
x
Carlos O'Kelly's, 2060
Sovia Drive
C Liquor
w/Outdoor Service
/ Catering
Renewal
12/30/2018
x
Casey's General Store
#2866, 51 E. Tower Park
Drive
B Native Wine / C
Beer
Renewal
12/27/2018
x
Casey's General Store #
2867, 2424 Ranchero Road
B Native Wine / C
Beer
Renewal
12/27/2018
x
La Michuacana Restaurant,
1221 Franklin Street
B Beer
Renewal
11/11/2018
x
Sky, 501 Sycamore Street
C Liquor
Renewal
12/14/2017
X
Roll call vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
146312 - Schmitt/Welper
December 4, 2017 Page 3
that proof of publication of notice of public hearing on the purchase of one (1) 2012 John Deere
7330 utility tractor with mower attachments., as published in the Waterloo Courier on November 27,
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 comments.
David Dreyer, 3145 W. 4th Street, questioned the trade in value for the vehicle being taken out of
service.
Paul Huting, Leisure Services Director, explained that he believes that the trade in is adequate.
146313 - Schmitt/Welper
that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
146314 - Schmitt/Welper
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. 2017-985.
146315 - Schmitt/Welper
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-986.
146316 - Schmitt/Welper
Motion to receive and file and instruct City Clerk to read bids.
Estimate: $160,000 after Trade -In
Bidder
Bid Amount
Trade In Value on used
2003 John Deere 6420
Tractor w/Mower
Attachments
P&K Midwest
Waterloo, IA
$181,443
$28,000
Voice vote -Ayes: Seven. Motion carried.
146317 - Schmitt/Welper
that "Resolution awarding bid to P & K Midwest of Waterloo, Iowa for the purchase of one (1) 2012
John Deere 7330 utility tractor with mower attachments, in the amount of $181,443", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Mayor Hart clarified the bid amount and trade in value.
Resolution adopted and upon approval by Mayor assigned No. 2017-987.
RESOLUTIONS
146318 - Welper/Morrissey
that "approving Completion of Project and Recommendation of Acceptance of Work performed by
Peters Construction Corporation of Waterloo, Iowa, at a total cost of $170,260.68, in conjunction
with the 2017 Riverfront Stadium Flood Repair Project", be adopted. Roll -call vote -Ayes: Seven.
Motion carried.
December 4, 2017 Page 4
Resolution adopted and upon approval by Mayor assigned No. 2017-988.
146319 - Welper/Morrissey
that "Resolution accepting the Office of Healthy Homes and Lead Hazard Control Grant in the
amount of $2,895,893.24, and authorize the Mayor to execute said documents", be adopted. Roll -
call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-989.
146320 - Welper/Morrissey
that "Resolution approving an Amendment to the Development Agreement with Matthias Properties,
LLC and the City of Waterloo, to address a boundary line adjustment for additional non -city owned
land and screening requirements, and authorize the Mayor and City Clerk to execute said
documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-990.
146321 - Amos/Welper
that "Resolution approving electronic submission of an amended Tax Increment Finance (TIF) report
to the State of Iowa for Fiscal Year 2017", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-991.
146322 - Amos/Welper
that "Resolution approving support of the proposal to bifurcate budget authority from Bill's
Community Homes for transfer to Exceptional Persons, Inc. for the property listed at 88 Eldene
Court, Evansdale, Iowa", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-992.
146323 - Lind/Schmitt
that "Resolution approving appointment of special counsel to review the development agreements
with LK Waterloo, LLC for properties located at 200 W. 4th Street (Convention Center) and 205 W.
4th Street (Ramada Hotel)", be adopted. Roll -call vote -Ayes: Two. Nays: Four (Morrissey,
Powers, Amos, Welper). Abstain: One (Jacobs). Motion failed.
Edwin Leslie, LK Waterloo, LLC, commented that the council has had months to investigate the
development agreements and explained the advertisement he placed on Facebook.
Bill Kammeyer, 526 Home Park Blvd., commented that the council should support the resolution
and believes that the process to review the Development Agreements have not been an open to the
public.
David Dreyer, 3145 W. 4th Street, commented that several documents were asked for by council and
never provided to council, including a commitment letter from Hotel RL, and believes that council
including city staff need to have access to documents.
Jim Chapman, 224 Bertch, commented that he does not believe anyone is accusing Mr. Leslie of
buying votes and that comments like that were in the newspaper.
Todd Obadal, 124 Amity Drive, commented that Mr. Leslie was allowed to address a
councilmember directly, which is a violation of the Rules for Public Participation. He further
commented that the city violated Iowa Code Section 403.8.
Mayor Hart questioned if the Development Agreement protects the city's interest.
Noel Anderson, Community Planning and Development Director, provided an overview of the
provisions of the Development Agreements.
December 4, 2017 Page 5
Mr. Schmitt questioned the start date of the agreements.
Noel Anderson explained the start date is his acquisition of the project or approval of the
Development Agreement, whichever occurs last.
Mr. Schmitt questioned who has title to the property.
Noel Anderson stated that the city current holds title.
Mr. Schmitt questioned who is liable for work being done inside the building.
Noel Anderson explained the indemnity clause in the Early Access Agreement.
Mr. Schmitt questioned the legality of Mr. Leslie advertising in conjunction with the hotel and
convention center, while the properties are still owned by the City.
Noel Anderson explained that Mr. Leslie is the manager of the property.
Mr. Schmitt questioned if being a manager allows him to advertise.
Noel Anderson explained that he did not have the Management Agreement with him, but believes it
allows management to advertise.
Edwin Leslie clarified the advertising took place on his Facebook page.
Mayor Hart read Iowa Code Section 68A.404 regarding independent expenditure for elections.
Noel Anderson continued to provide an overview of the provisions of the Development Agreements.
Mayor Hart questioned if these items were included in the Development Agreements and if a
presentation was given to council.
Noel Anderson confirmed.
Mayor Hart questioned what would happen if provisions are violated.
Noel Anderson explained the agreements have repercussions.
Mayor Hart questioned if a review board is in place.
Noel Anderson explained the review board.
Mayor Hart requested Mr. Leslie explain a four diamond standard.
Edwin Leslie explained the diamond rating system for the hospitality industry and commented that
the service they are providing now is already exceeding customer expectations.
Mr. Schmitt questioned if commitment letters were ever provided for Hotel RL.
Edwin Leslie explained that a commitment letter was provided for Hotel RL and explained the
change to a Wyndham Hotel group. He further provided an update on title questions he is working
through with city staff.
Resolution adopted and upon approval by Mayor assigned No. 2017-993.
ORDINANCES
146324 - 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 first
time. Roll -call vote -Ayes: Four. Nays: Three (Lind, Amos, Schmitt). Motion carried.
December 4, 2017 Page 6
Kelley Felchle, City Clerk, explained that the proposed ordinance reflects last week's discussion for
a complete ban for December and next July, and suggested any additional changes be made prior to
approving the first reading of the ordinance.
Dan Trelka, Chief of Police, explained that the ordinance is not supported by the Police Department
as it is difficult to enforce.
Pat Treloar, Fire Chief, explained that a shorter period would be ideal for usage and that the
department would support a ban as well. He further commented that Cedar Falls has banned
fireworks completely.
Mr. Schmitt questioned what legislature plans to do if all the cities approve a ban.
Mayor Hart commented that he has not heard discussion regarding further changes.
Mr Schmitt questioned what people with PTSD and animals do in other states to handle fireworks
and further commented that two days of usage would be ideal. He also commented that he would
like to see the new council vote on summer usage.
Mr. Jacobs commented that the city did not create the problem, does not have the funds to police the
problem, and that he believes it would be easier to police a ban on fireworks.
Mr. Morrissey commented that he contacted several cities to obtain copies of their ordinances and
provided an overview of those cities. He further stated that he would like to make motions to amend
the ordinance.
David Dreyer, 3145 W. 4th Street, questioned if a neighborhood association could fill out an
application to display fireworks.
Bruce Kaesser, 106 E. 3rd Street, commented that he is in favor of allowing citizens to shoot off
fireworks.
146325 - Morrissey/Jacobs
Motion to amend Section B, by eliminating the words first class and display, in favor consumer, to
amend Section E to read M-1 light industrial district, M-2 heavy industrial district, and M -2P
planned industrial district as defined by Waterloo City Zoning Ordinance No. 5079, and to amend
Section E by adding the sentence at the end of the section stating the following, "Any retailer or
community group selling consumer fireworks must prominently display, at the entrance and exit
sites, signs informing customers that the use of consumer and display fireworks are banned within
the corporate limits of the City of Waterloo unless said usage is allowed by a permit, as referenced in
section 9-2C-4 of this code. Roll call vote -Ayes: Five. Nays: Two (Lind and Schmitt).
Mayor Hart stepped out at 7:04 p.m.
Mr. Jacobs requested an overview of the classes of fireworks.
Mayor Hart returned at 7:06 p.m.
Dave Zellhoefer, City Attorney, explained the different classes of fireworks and commented that Mr.
Morrissey's amendment should more clearly state it is the use of fireworks, not the possession, that
is banned.
Mr. Jacobs clarified that we are allowing novelty fireworks.
Mr. Welper commented that regardless of the action council takes people would still use fireworks.
He further stated that he supports Mr. Morrissey's amendment.
Mr. Amos commented that he cannot support a total ban on fireworks as many of the people he has
talked to do not support the ban.
December 4, 2017 Page 7
Mr. Morrissey commented that the motion to amend has to do with section B and E but does not
change the total ban. He further pointed to the new state law that allows money to be available for
education.
Pat Treloar explained that at the Fire Chief conference they learned that the state did not put funds
into the account he is referencing.
Mr. Morrissey questioned how money would be put in the fund.
Pat Treloar commented that the legislature would have to put money in the fund.
Mr. Schmitt commented that the bill was supported by both parties in the legislature and that citizens
of Iowa support fireworks usage.
146326 - Morrissey/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll -call vote -Ayes: Three. Nays: Four (Jacobs, Lind, Amos, and Schmitt). Motion
failed.
146327 - Schmitt/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 received, placed on file,
considered and passed for the second time. Roll -call vote -Ayes: Six. Nays: One (Lind). Motion
carried.
David Dreyer, 3145 W. 4th Street, questioned if this is for vacant land and the city's ability to pay
debt obligations.
Noel Anderson explained the action and that the city pays property taxes on leased land.
Todd Obadal, 124 Amity Drive, questioned if it is a conflict of interest for council members to vote
if they own land in or work on property located in the TIF Districts.
Noel Anderson commented that the V GM site is not located in the action.
Forest Dillavou, 1725 Huntington Road, stated that he objects to extending the duration of TIF
Districts.
Noel Anderson explained that a debt service levy breakout exists and noted that monies are going to
debt service levy, schools, and county.
John Sherbon, 1715 Robin Road, explained that the cost of doing business at the banks is going up
and questioned why the city would want to extend the life of the debt past 20 years. He further
questioned when bonds would be paid back.
Mr. Schmitt questioned adding a percentage cut to the TIF districts.
Noel Anderson explained that it can be evaluated on an annual basis and the need to continue
developing infrastructure at each site must be factored in when considering releasing funds.
Mr. Schmitt questioned the ideal time of year to have the conversation.
Noel Anderson stated that during the CIP process is the ideal time.
Mr. Jacobs questioned if another model exists for financing projects in the community.
December 4, 2017 Page 8
Noel Anderson explained that TIF is the common tool used by other cities in the State of Iowa and
other states. He further stated that the other way would be to absorb debt in the general fund.
Jim Chapman, 224 Bertch, questioned if the city is using any outside businesses to help bring
businesses to Waterloo.
Noel Anderson explained that the city has a lot of interest in the industrial parks and the city has a
contract with Buxton Corporation to spur retail development.
Jim Chapman questioned if employees are calling businesses as well.
Noel Anderson explained that Adrienne Miller is on staff to work on economic development and that
the city partners with Greater Cedar Valley Chamber and Alliance to bring businesses to town.
Don Share, 1415 Downing Avenue, questioned why the action needs to take place today.
Noel Anderson explained the action and future projects.
146328 - Schmitt/Welper
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll -call vote -Ayes: Two. Nays: (Jacobs, Powers, Lind, Amos, and Schmitt). Motion
failed.
146329 - Amos/Morrissey
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 received, placed on file,
considered and passed for the second time. Roll -call vote -Ayes: Six. Nays: (Lind). Motion
carried.
146330 - Amos/Welper
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll -call vote -Ayes: One. Nays: Six (Jacobs, Morrissey, Powers, Lind, Amos,
Schmitt). Motion failed.
Mayor Hart left the meeting at 7:39 p.m. Mayor Pro Tem Welper presiding.
146331 - Morrissey/Amos
that "an Ordinance providing that general property taxes levied and collected each year on all
property located within the newly described San Maman 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. Nays: One (Lind). Motion carried.
Todd Obadal, 124 Amity Drive, questioned if a conflict of interest exists for council members to
vote on the ordinance.
146332 - Morrissey/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll -call vote -Ayes: Two. Nays: Four (Jacobs, Powers, Lind, Amos, Schmitt). Motion
failed.
December 4, 2017 Page 9
146333 - Schmitt/Amos
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.
Mr. Lind questioned the attachment and believes this is the item Todd Obadal is referring to.
Noel Anderson commented this item does have an incorrect map under Attachment B, but the
correct map is shown later under Attachment A. He further commented the item should be tabled to
allow time to confirm the legal description.
146334 - Jacobs/Lind to table one week. Voice vote: Ayes -seven. Motion carried.
OTHER COUNCIL BUSINESS
146335 - Amos/Morrissey
that approving Change Order No. 1 from ECCO Midwest, Inc., for an increase of $2,950, for
additional asbestos removal for property located at 1100 Grant Avenue, for a final contract amount
of $9,450, be received, placed on file and approved. Roll call vote -Ayes: Seven. Motion carried.
146336 - Amos/Morrissey
that renewal application for Class C Liquor License w/Sunday Sales for Trucker Bar, 1915 Bourland
Avenue, Expiration 12/12/2018, be received, placed on file and approved. (Staff recommends denial)
Roll call vote -Ayes: Zero. Nays: Seven (Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and
Welper). Motion failed.
Mr. Schmitt requested clarification on voting on the item.
Dan Trelka explained that the bar has been deemed a chronic nuisance in the past, was able to
remove the designation, and has again been labeled a chronic nuisance. He further explained that no
other bar is a chronic nuisance.
Mr. Welper, Mayor Pro Tem, questioned if the state would support the decision to deny the renewal.
Dan Trelka commented it should be denied.
Mr. Schmitt questioned if this bar should even be allowed in a residential zone.
Mr. Powers requested clarification on the vote since staff has recommended denial.
146337 - Powers/Morrissey
To amend by denying for 12 months.
Mr. Welper questioned the intent of his motion.
Mr. Powers commented that he wants to remove their license for one year.
Mr. Amos commented that when reviewing the item, it was suggested the license be suspended for a
year.
Mr. Morrissey confirmed.
December 4, 2017 Page 10
Mr. Amos commented that they would have to wait one year anyway and therefore the motion is
redundant.
Mr. Powers commented that he wants to follow Iowa Code Section 123.39 which allows cities to
allow the denial for one full year.
Mr. Morrissey requested clarification from the City Attorney.
Dave Zellhoefer explained that it does go beyond the scope of the original staff request and would
like the council to approve the motion as originally proposed and allow them a hearing if so desired.
Mr. Schmitt questioned if the denial applies to the owners or the facility.
Dave Zellhoefer stated that he believes that the license is for the individual.
Dan Trelka commented that the chronic nuisance property ordinance applies to the property not the
owner.
Mr. Morrissey questioned why there would be a problem revoking the renewal through 12/12/2018,
which is already listed on the application for renewal.
Dave Zellhoefer explained that they would have to file a mandamus action to appeal the decision of
the council. He further commented that the city council has put them on notice of what is on the
agenda now and does not feel comfortable making a motion to make a harsher decision than what
was noticed.
Mr. Powers and Mr. Morrissey withdrew the motion.
Mr. Morrissey requested a separate roll call vote on the two items.
ADJOURNMENT
146338 - Morrissey/Amos
that the Council adjourn at 8:01 p.m. Voice vote -Ayes: Seven. Motion carried.
Kelley Felc
City Clerk