HomeMy WebLinkAboutMinutes-11/23/2016November 23, 2015
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 23, 2015. Mayor
Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper,
and Hart.
Moment of Silence.
Pledge of Allegiance: Patrick Morrissey, Ward 3 Council Member.
145304 - Hart/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, November 23,
2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
145305 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, November 16,
2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
Mayor Clark recognized Ella Ellis for 30 years of service.
CONSENT AGENDA
145306 - Hart/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 23, 2015, in the amount of $2,918,259.18 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. 2015-893.
2. Resolution approving the request of Asim Mustedanagic for tax exemptions
on the construction a new duplex valued at $250,000 for property located
at 4108 & 4110 Mockingbird Lane, and located in the City Limits Urban
Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2015-894.
3. Resolution approving the request of Rosemary Kleinheksel for tax
exemptions on the construction of a new single family home valued at
$202,020 for property located at 1405 Hummingbird Circle, and located in
the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2015-895.
4. Resolution approving the request of Robert & Susan Funk for tax exemptions
on the construction of a new single family home valued at $194,268 for
property located at 1317 Hummingbird Circle, and located in the City
Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2015-896.
5. Resolution approving the request of Michael & Nancy Shaw for tax
exemptions on the construction of a new single family home valued at
$174,900 for property located at 4103 Mourning Dove Drive, and located in
the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2015-897.
6. Resolution approving the request of Lil Gaulke for tax exemptions on the
construction of a new single family home valued at $190,500 for property
located at 1025 Hummingbird Circle, and located in the City Limits Urban
Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2015-898.
7. Resolution approving the request of Eric Savage for tax exemptions on the
construction of a new single family home valued at $174,900 for property
November 23, 2015
Page 2
located at 4101 Mourning Dove Drive, and located in the City Limits Urban
Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2015-899.
b. Motion to approve the following:
1.
a.
b.
c.
d.
e.
2.
a.
b.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Pat Treloar,
Chief of Fire
Services
Fire Department
Policies and
Procedures
Kansas City,
MO
Dec. 2-3,
2015
$700.00
Tajah Wright,
Housing
Coordinator
Housing Choice
Voucher (HCV)
Specialist
Seminar &
Certification
Exam
Des Moines,
IA
Feb. 8-12,
2016
$2,070.00
Julie Snider,
Director
Public Housing
Management
Seminar &
Certification
Exam
Atlanta, GA
Feb. 28 -
Mar 4,
2016
$3,039.70
Phillip
Schuppert, Storm
Water Specialist
Iowa Stormwater
Summit Municipal
Program, Policies
& Practices
Windsor
Heights, IA
Dec. 2-3,
2015
$193.00
Officer Nichols
Iowa Law
Enforcement
Academy Basic
Level II
Waterloo, IA
Aug. 31 -
Oct. 29,
2015
$3,454.67
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Jameson's Public
House, 310 E. 4th
Street
C Liquor
w/Outdoor
Service/Catering
Renewal
11/02/2016
Yes
Hy -Vee #1 Clubroom,
2834 Ansborough Avenue
C Liquor B/W
Renewal
10/16/2016
Yes
Roll call vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
145307 - Schmitt/Welper
that proof of publication of notice of public hearing on the F.Y. 2016 Northeast
Industrial Park Sanitary Sewer and Water Main Extension, Contract No. 900, as
published in the Waterloo Courier on November 9, 2015, 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.
145308 - Schmitt/Welper
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
145309 - Schmitt/Welper
that "Resolution confirming approval of plans, specifications, form of contract,
etc., in conjunction with the F.Y. 2016 Northeast Industrial Park Sanitary Sewer
and Water Main Extension, Contract No. 900", be adopted. Roll -call vote -Ayes:
Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-900.
145310 - Schmitt/Welper
that "Resolution authorizing to proceed with the F.Y. 2016 Northeast Industrial
Park Sanitary Sewer and Water Main Extension, Contract No. 900", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
November 23, 2015
Page 3
Resolution adopted and upon approval by Mayor assigned No. 2015-901.
145311 - Schmitt/Welper
Motion to receive and file and instruct City Clerk to read bids and refer all to
City Engineer for review.
Bidder
Bid
Security
Bid Amount
Gehrke, Inc.
Eldora, IA
5%
$1,373,033.00
Dave Schmitt
Cedar Rapids, IA
5%
$1,232,408.00
Peterson Contractors, Inc.
Reinbeck, IA
5%
$1,315,000.00
Scharnweber, Inc.
Toledo, IA
5%
$1,901,057.50
J & K Contracting, LLC
Ames, IA
5%
$1,365,066.25
Crow River Construction
New London, MN
5%
$1,729,750.00
Maxwell Construction
Iowa City, IA
5%
$1,218,400.45
Denver Underground & Grading
Denver, IA
5%
$1,289,715.00
Ricklefs Excavating, Ltd.
Anamosa, IA
5%
$1,211,318.00
Voice vote -Ayes: Seven. Motion carried.
145312 - Schmitt/Welper
that "Resolution awarding contract to Ricklefs Excavating of Anamosa, Iowa, in
the amount of $1,211,318.00," be adopted. Roll -call vote -Ayes: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-902.
RESOLUTIONS
145313 - Cole/Welper
that "Resolution approving the Real Estate Purchase Agreement with Frost,
Willard R. Trust for the acquisition of 72.16 acres of land, immediately west of
Ferguson Enterprises, Inc. distribution center, at a 2:1 ratio for what the
Trust is able to buy from another farm in the county, via a 1031 exchange
purchase, estimated at $20,000 per acre (or $1, 523,200), with up to $3,500 in
city environmental and closing costs, and authorizing the Mayor and City Clerk
to execute any necessary documents," be adopted. Roll call vote -Ayes: Four.
Nays: Three (Cole, Lind, and Hart). Motion carried.
Mr. Schmitt requested clarification on the item.
Noel Anderson, Community Planning and Development Director, provided an overview
of the agreement. The City purchased a nearby farmstead and the Frost property
surrounds the City's property. The land has access to infrastructure.
Mr. Schmitt questioned how the price of the property was agreed upon.
Noel Anderson explained they negotiated a 2:1 ratio and Mr. Frost estimates he
can get the land for a price between eight and ten thousand dollars.
Mr. Lind questioned if the 72 acres was appraised.
Noel Anderson explained that the property was not appraised since it is in a TIF
District. A compensation estimate was used instead.
David Dryer, 3145 West 4t° Street, questioned why the City went with a 2:1 ratio
when he knows other farmers have done a 1:1 ratio.
Noel Anderson explained this land has a higher value since it is near a
distribution center, is located near the railroad, and has ready available
infrastructure.
David Dryer questioned and Noel Anderson affirmed that the land is zoned as
industrial.
November 23, 2015 Page 4
Rick Young, 3849 Trent, questioned the purchase and why the Planning Department
is not utilizing real estate options.
Noel Anderson explained that utilizing options
land in the long term.
would increase the cost of the
Mr. Hart questioned if the City is running out of land in that area.
Noel Anderson explained the City is developing 50 acres to
to be purchased but the lots are getting smaller.
Resolution adopted and upon approval by Mayor ass
145314 - Cole/Welper
that "Resolution approving award
Reinbeck, Iowa in the amount of
and Certificate of Insurance for
Creek South Side), Contract No.
execute said documents", be ad
carried.
the west of the land
gned No. 2015-903.
of contract to Peterson Contractors, Inc., of
$115,000.00 and approving the Contract, Bonds,
the F.Y. 2016 Levee Tree Clearing (Black Hawk
901, and authorize Mayor and City Clerk to
opted. Roll call vote -Ayes: Seven. Motion
Resolution adopted and upon approval by Mayor assigned No. 2015-904.
145315 - Cole/Welper
that "Resolution approving Memorandum of Understanding with INRCOG for grant
writing services related to a Low Head Dam Public Hazard Program grant
application to be used for design services for the Cedar River Whitewater,
Habitat, and Bankside Improvements Project for a fee amount of 1.5% of the
awarded grant amount or a minimum of $1,000.00 if grant is awarded", be adopted.
Roll call vote -Ayes: Five. Nays: Two (Schmitt and Lind). Motion carried.
David Dryer, 3145 West 4th Street, expressed concern about the project being a
liability for the City.
Mr. Hart questioned if liability issues and the need for lifeguards would be
incorporated in the agreement.
Paul Huting, Leisure Services Director, explained the grant money is to cover
project design only. As the project develops, it will be studied to discern
whether lifeguards will be needed and the liability issues will be explored by
the insurance carrier.
Mr. Hart questioned if council would have a chance to reject the project in the
future.
Paul Huting noted Council would have final approval of the project.
Mayor Clark clarified the grants are to help fund the design for the project.
Paul Huting noted that the match for the grant is coming from Waterloo
Development Corporation, not the city.
Mr. Schmitt questioned if the liability issues are a legal question or an
insurance question.
David Zellhoefer, City Attorney, explained Iowa Code section 670.4 makes cities
immune from liability when residents take on personal risks when using city
property. This section is new and was enacted in the wake of sledding issues in
the City of Dubuque.
Paul Huting explained that Waterloo has taken on a lot of unusual recreation
and litigation has never been brought to the city due to injuries at parks.
Resolution adopted and upon approval by Mayor assigned No. 2015-905.
145316 - Hart/Morrissey
that "Resolution approving application to the Iowa Department of Natural
Resources for Low Head Dam Public Hazard Funding, in the amount of $50,000.00
with a $50,000.00 local match funded by Waterloo Development Corporation, and
authorize the Mayor to execute said application", be adopted. Roll call vote -
Ayes: Five. Nays: One (Lind). Abstain: One (Schmitt). Motion carried.
Mr. Lind questioned funding for the project.
Mayor Clark clarified that the money is coming from Black Hawk Gaming.
November 23, 2015
Page 5
Michelle Weidner, Chief Financial Officer, clarified that the money will
actually come from Waterloo Development Corporation.
Resolution adopted and upon approval by Mayor assigned No. 2015-906.
145317 - Schmitt/Morrissey
that "Resolution approving Development Agreement with AMA Real Estate, LLC for
the renovation and maintenance of the former Control -O -Fax building at 3070 West
Airline Highway, with the City acquiring 6.06 acres of land at $454,500 for
future development, and authorize Mayor to sign and fully execute the document",
be adopted. Roll call vote -Ayes: Seven. Motion carried.
Mr. Schmitt asked for clarification on the benefits for completing the deal.
Noel Anderson explained that Criterion and Accurate Gear are looking to expand.
Criterion will fix up the smaller building and expand operations. Accurate Gear
will move into the Criterion building and expand. 6 acres to the west is farm
ground. They did not have the ability to buy the land and fix up the buildings
so the city will buy the 6 acres on Geraldine Road to help with the expansion.
Mr. Schmitt asked for an estimate on the current and future assessed value of
the building.
Noel Anderson stated the building will be worth $1.2 million dollars when the
project is complete.
David Dryer, 3145 West 4th Street, questioned and Noel Anderson confirmed, that
the land is in a TIF District.
Mr. Hart questioned and Mayor Clark affirmed that a developer is ready to begin
work on the building immediately.
Resolution adopted and upon approval by Mayor assigned No. 2015-907.
145318 - Schmitt/Morrissey
that "Resolution approving a grant contract with Black Hawk County Gaming
Association in the amount of $150,000 for a new video score board at Riverfront
Baseball Stadium", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-908.
145319 - Schmitt/Morrissey
that"Resolution approving the City of Waterloo Annual Financial Report for the
Fiscal Year ended June 30, 2015 and authorizing the publication of the report
and submission to the State of Iowa", be adopted. Roll call vote -Ayes: Seven.
Motion carried.
Mr. Lind questioned public safety and capital projects budgets on the financial
report.
Michelle Weidner explained public safety came in one million under budget due to
vacant positions and pensions. Capital projects are under budget by seven
million because they over budgeted and did not get all of their projects
completed in one fiscal year.
Resolution adopted and upon approval by Mayor assigned No. 2015-909.
145320 - Cole/Morrissey
that "Resolution approving certification to the Black Hawk County Auditor
expenditures that qualify for reimbursement in the FY2015 Northeast Industrial
Area Tax Increment District and place the certification on file", be adopted.
Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-910.
145321 Lind/Schmitt:
Motion to release 10 percent of all TIF increment value. Roll call vote—Ayes:
One. Ayes: One. Nays: Six (Jones, Schmitt, Morrissey, Welper, Hart, and Cole).
Mr. Morrissey questioned the motion prior to certifying the TIF districts.
Dave Zellhoefer, City Attorney, explained that Council must vote on the motion
to release funds prior to voting to approve the certifications because it will
change the amount listed on the certifications.
November 23, 2015 Page 6
Mr. Hart asked for clarification on how releasing 10 percent of the TIE
districts affects the budgets of the districts.
Michelle Weidner explained that releasing 10 percent would reduce TIF revenue by
$700,000.00 over all of the TIFs. If council wants to consider this then a
special meeting will be called and what impact it will have on the Districts.
Mayor Clark asked for clarification on how releasing 10 percent of TIF value
will affect the districts and the levy rate.
Michelle Weidner explained that the City would not know the tax levy until
August because every taxing body has to set their levy rate. It is
approximately $700,000 in revenue and $27.7 million in value.
Mr. Hart noted that there are specific projects that will move the community
ahead especially since the city is working on merging two districts.
Michelle Weidner noted that Council should not assume that the budget gap became
smaller by $700,000. The City's budget gap increased by 30 percent. A couple
hundred thousand would be added to the general fund and it would create a
$700,000 shortfall for the projects in the that have been committed to be
completed in the TIF districts.
Noel Anderson noted some have more of an ability to cash in than others. With
the merger of Midport and Logan TIF Districts, they are hoping to have an
increased cash flow.
Mr. Lind questioned if releasing TIF funds would help the residential property
owner.
Noel Anderson noted that money in TIF Districts would help property owners more
since these projects attract new jobs.
Mr. Hart noted not enough information is present to make a sound decision.
Mr. Schmitt explained that he understands Mr. Lind's and public's concern but
Council needs a big picture understanding of the implications of releasing
funds.
Forest Dillavou, 1725 Huntington Road, spoke in favor of Mr. Lind's motion.
145322 - Cole/Morrissey
that "Resolution approving certification to the Black Hawk County Auditor
expenditures that qualify for reimbursement in the FY2015 Midport/Airport Tax
Increment District and place the certification on file", be adopted. Roll call
vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-911.
145323 - Cole/Morrissey
that "Resolution approving certification to the Black Hawk County Auditor
expenditures that qualify for reimbursement in the FY2015 Rath Area Tax
Increment District and place the certification on file", be adopted. Roll call
vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-912.
145324 - Cole/Morrissey
that "Resolution
expenditures that
Increment District
vote -Ayes: Seven.
approving certification to
qualify for reimbursement
and place the certification
Motion carried.
Resolution adopted and upon
145325 - Cole/Morrissey
the Black Hawk County Auditor
in the FY2015 Martin Road Tax
on file", be adopted. Roll call
approval by Mayor assigned No. 2015-913.
that "Resolution approving certification to
expenditures that qualify for reimbursement
Increment District and place the certification
vote -Ayes: Seven. Motion carried.
Resolution adopted and
145326 - Cole/Morrissey
the Black Hawk County Auditor
in the FY2015 San Marnan Tax
on file", be adopted. Roll call
upon approval by Mayor assigned No. 2015-914.
November 23, 2015
that "Resolution approving certification to
expenditures that qualify for reimbursement
Increment District and place the certification
vote -Ayes: Seven. Motion carried.
Page 7
the Black Hawk County Auditor
in the FY2015 Logan Avenue Tax
on file", be adopted. Roll call
Resolution adopted and upon approval by Mayor assigned No. 2015-915.
145327 - Cole/Morrissey
that "Resolution approving certification to the Black Hawk County Auditor
expenditures that qualify for reimbursement in the FY2015 Cattle Congress Tax
Increment District and place the certification on file", be adopted. Roll call
vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-916.
145328 - Cole/Morrissey
that "Resolution approving certification to the Black Hawk County Auditor
expenditures that qualify for reimbursement in the FY2015 Crossroads Waterloo
Tax Increment District and place the certification on file", be adopted. Roll
call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-917.
145329 - Cole/Morrissey
that "Resolution approving certification to the Black Hawk County
expenditures that qualify for reimbursement in the FY2015 Downtown
Urban Renewal and Redevelopment Tax Increment District
certification on file", be adopted. Roll call vote -Ayes:
carried.
Auditor
Waterloo
and place the
Seven. Motion
Resolution adopted and upon approval by Mayor assigned No. 2015-918.
145330 Hart/Welper
that "Resolution approving electronic submission of the Tax Increment Finance
(TIF) reports to the State of Iowa for Fiscal Year 2015", be adopted. Roll call
vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2015-919.
ORDINANCES
145331 - Hart/Morrissey
that "an Ordinance amending the 2008 Traffic code by amending Section 553, No
Parking Here To Corner, by adding (20a) Clough Street, east side in a northerly
direction and the west side in a southerly direction from West Third Street," be
received, placed on file, considered and passed for the first time. Roll call
vote -Ayes: Seven. Motion carried.
145332 - Hart/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.
145333 - Hart/Morrissey
that "an Ordinance amending the 2008 Traffic code by amending Section 553, No
Parking Here To Corner, by adding (20a) Clough Street, east side in a northerly
direction and the west side in a southerly direction from West Third 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. 5318.
145334 - Morrissey/Welper
that "an Ordinance amending
Health and Safety, Chapter
Enforcement Authority, in its entirety
enforcement authority to Title 4, Public
Control, Subsection 4-4-1 Definitions,
Officials, Subsection, City Attorney,
entirety; and inserting in lieu thereof
the 2001 City Code by repealing Title 4, Public
4, Litter Control, Subsection 4-4-1 Definitions,
and insert in lieu thereof a new
Health and Safety, Chapter 4, Litter
and amending Chapter 5, Municipal
1 -5D -2D, Additional Duties, in its
a new subsection 1 -5D -2D, Additional
November 23, 2015 Page 8
Duties", be received, placed on file, considered and passed for the third time
and adopted.
145335 - Lind/Schmitt
Motion to amend the proposed ordinance by moving the operational costs of Code
Enforcement from the sewer fund to the General Fund under City Attorney's
office. Motion withdrawn.
Michelle Weidner explained that doing so would increase property taxes since
code enforcement is paid by sewer fees and would create a budget deficit in the
City Attorney's budget.
Mr. Lind clarified that he wants the funding moved out of the sewer fund to give
the City Attorney budgetary control of the department.
Michelle Weidner clarified that the City Attorney would have control of the
funds whether they come out of the general fund or the sewer fees.
Mayor Clark questioned if the ordinance can be changed without making proper
notice to the public and re -reading the ordinance.
Dave Zellhoefer explained the ordinance cannot be amended on the third reading
and it creates a significant change to the budget.
Mr. Hart clarified that at previous meetings Council discussed using a portion
of the City Attorney's budget to pay for code enforcement.
Mayor Clark questioned how to strike the motion.
David Zellhoefer explained that the Mayor simply needs to say that the motion is
improper at this time and strike the motion.
Mayor Clark questioned how Mr. Lind would change the funding for the program in
a proper manner.
David Zellhoefer noted it would be appropriate to talk about this at budget time
or put it on the agenda for discussion in two weeks.
Mayor Clark struck the motion.
Roll call vote -Ayes: Five. Nays: Two (Schmitt and Lind). Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5319.
ORAL PRESENTATIONS
145336 - Hart/Morrissey
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
Dennis Clark, Waterloo Water Works, provided an overview of the spike in nitrate
levels in the water system on November 26. The drinking water is now safe to
consume.
Dewane Eilers, 1204 Bishop Street, questioned if his lot on Lafayette exempt
from the paving requirement and what lots are grandfathered in as exempt from
the requirement.
Mayor Clark explained that his lot is not exempt and was given a 90 day
extension from his original ticket which was issued back in the spring. Mayor
recommended visiting the planning department to find out what lots are
grandfathered in.
David Dryer, 3145 west 4th street, shared an article from the Courier regarding
how Waverly hands out incentives to developers.
ADJOURNMENT
145337 - Hart/Morrissey
that the Council adjourn at 6:43 p.m. Voice vote -Ayes: Seven. Motion carried.
elley
Deputy
lchle
ty Clerk