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HomeMy WebLinkAboutMinutes-11/28/2016November 28, 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, November 28, 2016. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Prayer or Moment of Silence. Pledge of Allegiance: Jerome Amos, Ward 4 Council Member 146796 - Welper/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, November 28, 2016, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 146797 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, November 21, 2016, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS NO comments made. CONSENT AGENDA 146798 - 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 November 28, 2016, in the amount of $4,438,935.78 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. 2016-928. 2. Resolution setting the date of public hearing as December 12, 2016 to approve preliminary plans, specifications, form of contract, etc. and setting the date of bid opening as Thursday, December 8, 2016 for asbestos abatement services at 1020 Wellington Street, 1120 Washington Street, 27 John Street, 408-410 Logan Avenue, 1201 Mulberry Street, 322 Crescent Street, 326 Crescent Street, 1131 Bertch Avenue, 717 Fairview Street, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2016-929. 3. Resolution approving preliminary specifications, bid documents, etc., and setting date of bid opening as December 15, 2016 and date of public hearing as December 19, 2016 for the purchase of one new 1/2 Ton Pickup Truck, and instruct City Clerk to publish notice of specifications, bid documents, etc. Resolution adopted and upon approval by Mayor assigned No. 2016-930. 4. Resolution approving preliminary specifications, bid documents, etc., and setting date of bid opening as December 15, 2016 and date of public hearing as December 19, 2016 for the purchase of one new Ford F350 truck with Flatbed, and instruct City Clerk to publish notice of specifications, bid documents, etc. Resolution adopted and upon approval by Mayor assigned No. 2016-931. b. Motion to approve the following: Travel Requests November 28, 2016 a. a. b. c. d. e. Page 2 Name & Title of Personnel Class/Meeting b Destination Date(s) Amount not to Exceed Dana Jackson HCV Housing Quality Standards Austin, TX Feb. 13-16, 2017 $2,331.50 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Independence Ave Liquor & Food, 1761 Independence Avenue E Liquor / B Wine / C Beer Renewal 11/14/2017 X King Star, 127 Jefferson Street E Liquor Renewal 11/7/2017 X D'Vine Medical Spa, 2515 Cyclone Drive C Liquor Renewal 11/30/2017 Honey Garden Family Restaurant, 826 LaPorte Road Special Class C Liquor Renewal 11/07/2017 X Cherry Creek Grill, 1850 W. Ridgeway Avenue C Liquor w/Outdoor Service Renewal 10/31/2017 X 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Terry Pearson Stevens Historic Preservation Commission 12/09/2019 Re -Appointment Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 146799 - Scbmitt/Amos that proof of publication of notice of public hearing on request by INVISION Architecture on the behalf of North Crossing, LLC for a site plan amendment to the "C -P" Planned Commercial District to allow for the construction of a 35,000 SF medical office, located at the northeast comer of Highway 63 (Logan Avenue) and East Donald Street, as published in the Waterloo Courier on November 18, 2016, 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. Rich Kurtenbach, 238 Normandy, questioned if contractors will have an opportunity to bid on projects in the area. 146800 - Schmitt/Amos that the hearing be closed and oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146801 - Schmitt/Amos that "an Ordinance approving a request by INVISION Architecture on the behalf of North Crossing, LLC for a site plan amendment to the "C -P" Planned Commercial District to allow for the construction of a 35,000 SF medical office, located at the northeast comer of Highway 63 (Logan Avenue) and East Donald Street", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Mayor Hart commented that there is a lot of sand and gravel on the site and if time is urgent in passing the ordinance. November 28, 2016 Page 3 Noel Anderson, Community Planning and Development Director, provided council with an update on the project. 146802 - Schmitt/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 146803 - Schmitt/Powers that "an Ordinance approving a request by INVISION Architecture on the behalf of North Crossing, LLC for a site plan amendment to the "C -P" Planned Commercial District to allow for the construction of a 35,000 SF medical office, located at the northeast corner of Highway 63 (Logan Avenue) and East Donald Street", 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. 5374. 146804 - Lind/Powers that proof of publication of notice of public hearing on request by Midwest Development Company for a site plan amendment in the "R -3,R -P" Planned Multiple Residence District for Lots C-1, C-2, and C-3 of the Southland Park Third Addition to allow for the construction of 8 single family homes, and instruct City Clerk to publish pertinent notice, as published in the Waterloo Courier on November 18, 2016, 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 Dryer, 3145 W. 4th Street, spoke against the site plan amendment due to the city not needing additional housing. Jim Chapman, 224 Birtch, spoke against the site plan amendment due to the city not needing additional housing. Bob Manning, Waterloo -Cedar Falls Home Builders Association, commented that favorable supply for housing is a five to six month supply and that the association is in favor of the item. 146805 - Lind/Schmitt that the hearing be closed and oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146806 - Lind/Schmitt that "an Ordinance approving a request by Midwest Development Company for a site plan amendment in the "R -3,R -P" Planned Multiple Residence District for Lots C-1, C-2, and C-3 of the Southland Park Third Addition to allow for the construction of 8 single family homes, and instruct City Clerk to publish pertinent notice", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested further information on the item and water run-off in the area. Noel Anderson explained the drainage plans for the project. 146807 - Lind/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. Mayor Hart questioned the urgency for passing the ordinance. Kevin Fittro, Midwest Development, 411, 1st Avenue, Cedar Rapids, explained planned drainage and grading for the project. November 28, 2016 Page 4 Mayor Hart questioned if the plans are to move forward and begin development now. Kevin Fittro explained that the contingencies on the property are pending council approval and they would like to move forward with construction this fall. 146808 - Lind/Schmitt that "an Ordinance approving a request by Midwest Development Company for a site plan amendment in the "R -3,R -P" Planned Multiple Residence District for Lots C-1, C-2, and C-3 of the Southland Park Third Addition to allow for the construction of 8 single family homes, and instruct City Clerk to publish pertinent notice", 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. 5375. RESOLUTIONS 146809 - Morrissey/Schmitt that "Resolution authorizing the sale and conveyance of city owned property, a vacant lot south of 512 Reed Street, to Larry and Vickie Westendorf, in the amount of $3,000 plus costs", be adopted. Roll call vote -Ayes: Six. Nays: One (Welper). Motion carried. Mr. Morrissey commented that Larry and Vickie Westendorf met the sale of property requirements outlined by the city policy and believes that the proposal made by Mr. Welper and Hawkeye Community College should look at a different site and, in doing so, the city would see development at two lots. Mr. Welper commented that it would be financially beneficial to the city to put a house on the lot rather than a garage. Mr. Jacobs commented that he agreed with Mr. Morrissey to allow the Westendorfs to build on the Reed Street lot and that many other lots are available in the city to build a house. Mr. Lind questioned what the staff recommends. Mayor Hart commented that the Westendorfs have increased the purchase price they offered for the property. Noel Anderson, commented that they have met the sale of property requirement and knowing that the council was split on the item and decided it would be best for council to decide. Mr. Welper explained the partnership with Hawkeye Community College at a work session. Mr. Jacobs commented that the couple has met the sale of property standards and noted that other lots are available to build. Mr. Welper commented that the lot has a good location to the hospital and school, the city needs to build houses, and that the location is close to the other lot which would be logistically beneficial for bringing Hawkeye Community College students to work on the houses. Mr. Jacobs further commented on the need to look at other lots. Mayor Hart clarified the differences of opinion of council members. Mr. Morrissey commented that the property at 506 Reed is across from a property not owned by the city, questioned how the partnership will be acquiring property, and noted that other vacant properties in the area could be looked at. David Dryer, 3145 W. 4th Street, questioned if Hawkeye Community College or the city will be paying to build the houses. Mr. Welper commented that Hawkeye will build homes at any amount the city would like but cannot sell for less than the market value. He further explained the material cost of the home and that each lot will have a different cost. November 28, 2016 Page 5 Kay Rindels, 516 Reed Street, presented council with a petition from approximately 60 neighbors of the Westendorfs that want the property to be sold to the couple and do not want to see their property values increase. John Sherbon, 1715 Robin Road, commented that putting a new home in an older neighborhood will increase the taxes of the neighbors. Resolution adopted and upon approval by Mayor assigned No. 2016-932. 146810 - Schmitt/Amos that "Resolution approving a Development Agreement and Minimum Assessment agreement with Empire Enterprises, LLC for the construction of a $260,000 addition to their existing building with a tax rebate amount of 50% for a term of five years", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt questioned if the agreement has standard terms. Noel Anderson explained that this is a standard agreement. Resolution adopted and upon approval by Mayor assigned No. 2016-933. 146811 - Schmitt/Amos that "Resolution approving electronic submission of the Tax Increment Finance (TIF) reports to the State of Iowa for Fiscal Year 2016", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2016-934. 146812 - Amos/Lind that "Resolution approving Completion of Project and Recommendation of Acceptance of work performed by Municipal Pipe Tool Company, LLC of Hudson, Iowa in the amount of $1,734,590.95, in conjunction with the Sanitary Sewer Improvements FY 2015 Phase II CIPP Lining Project, Contract No. 876, and receive and file two (2) year maintenance bond", be adopted. Roll call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2016-935. 146813 - Amos/Lind that "Resolution for US Hwy 63 Purchasing Agreement Between Iowa DOT and Intellight, Inc. 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. 2016-936. 146814 - Jacobs/Amos that "Resolution approving the Professional Services Agreement (PSA) with AECOM Technical Services, Inc. in the amount of $22,200.00 for the project design, and construction administration and inspection services for the completion of the projects contained in the FY -2017 IDOT Commercial Services Vertical Infrastructure (CSVI) grant application, and authorize the Mayor to execute said agreement", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2016-937. 146815 - Jacobs/Amos that "Resolution approving the City of Waterloo Annual Financial Report for the Fiscal Year ended June 30, 2016 and authorizing the publication of the report and submission to the State of Iowa", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2016-938. November 28, 2016 ORDINANCES 146816 - Morrissey/Amos Page 6 that "an Ordinance amending the 2007 City of Waterloo Code of Ordinances by repealing Title 7 Public Ways and Property, Chapter 8 Leisure, Cultural and Arts Services, Section 1 Use of Public Facilities, Subsection F Non -motorized Watercraft In Katoski Greenbelt, in its entirety and enacting in lieu thereof a new Title 7 Public Ways and Property, Chapter 8 Leisure, Cultural and Arts Services, Section 1 Use of Public Facilities, Subsection in conjunction with the Watercraft Ordinance Amendment (7-8-1: Use of Public Facilities)", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 146817 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Three (Jacobs, Lind, and Schmitt). Motion failed. 146818 - Lind/Amos that "an Ordinance providing that general property taxes levied and collected each year on all property located within the newly expanded Martin Road Development 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 in conjunction with the Martin Road Development Plan Amendment No. 5 Expansion Area, to expand the boundaries of the TIF area", be considered and passed for the third time and adopted. Roll call vote -Ayes: Six. Nays: One (Lind). Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5376. 146819 - Lind/Schmitt Motion to amend the ordinance by inserting the language, 75 percent of, between the words that and general in the first line of the ordinance to read as follows: An Ordinance providing that 75 percent of general property taxes levied and collected each year on all property located within the newly expanded Martin Road Development 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 in conjunction with the Martin Road Development Plan Amendment No. 5 Expansion Area, to expand the boundaries of the TIF area. Mayor ruled that the motion would not be accepted. Motion failed. Noel Anderson explained the impact of the motion. Mayor Hart asked for clarification on the current property values in this area. Noel Anderson explained that the area only contains land value. Mr. Lind suggested trying something different from what has always been done. Kelley Felchle explained that the ordinance is now at the third reading and any changes should have been proposed at the first reading as an ordinance needs to be presented to the public three times. She added that if council wishes to change this ordinance then it would need to fail in order to allow them to begin the process all over again with the new proposed ordinance. Noel Anderson explained the adverse effects that accepting this change would have on future projects. Michelle Weidner, Chief Financial Officer, explained some of the adverse effects this change would have on the city's ability to fund future projects as well as the potential undesirable impact on taxpayers. November 28, 2016 Page 7 Mr. Powers questioned if funds could be released from the TIF next year. Mr. Morrissey stepped out at 6:27 p.m. and returned at 6:28 p.m. Michelle Weidner explained the appropriate time to release funds from the TIF. Mr. Lind stated that the report that the city just released to the State of Iowa indicates that we have $9 million in revenue and $78 million in obligations. He added that something is not working. Mayor Hart stated that a modest amount of funds were recently released. Mr. Morrissey questioned if the amendment is off the table. Dave Zellhoefer, City Attorney, explained that a material change cannot be made to an ordinance as you move through the three readings and confirmed the City Clerk's earlier statement that this ordinance would have to fail and a new ordinance would need to be presented and legally processed. Mr. Morrissey questioned if the presiding officer would need to say the motion is out of order. Mayor Hart commented that the motion would not be accepted and voted on at this time. David Dryer, 3145 W. 4th Street, spoke against the ordinance and asked that council vote against the ordinance. ADJOURNMENT 146820 - Lind/Morrissey that the Council adjourn at 6:34 p.m. Voice vote -Ayes: Seven. Motion carried. elley Fe City Cler