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HomeMy WebLinkAboutMinutes-September 24, 2018 September 24, 2018 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, September 24, 2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Keith Kaspari, Airport Director 146544- Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, September 24, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. 146545 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, September 17, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. Presentation by Church Row Neighborhood Association on Veterans Home project. ORAL PRESENTATIONS Joyce Wilder, 226 Bates Street, explained that the detour for the Mobile Street construction is causing people to speed and has had problems getting out of her driveway. She said that a city employee in a WMSD pickup almost hit her and was speeding. She asked that a yield sign or stop sign be installed. Rev. Ed Loggins, 233 Oliver, explained that at 2:30 a.m. Saturday gun shots rang out in his neighborhood and the shots occurred behind his home and that bullet fragments were found in the home. He asked that something be done about the violence in his neighborhood and that more lighting be provided to the neighborhood. David Dryer, 3145 W. 4h Street, questioned several items on the consent agenda. Sandie Greco, Interim Public Works Director, explained consent agenda item LA.3. and stated that they are not building a recycling center but are bidding out the services. Kelley Felchle, City Clerk, explained the bid and public hearing processes. John Sherbon, 1715 Robin Road, commented on various methods of managing costs in regards to city vehicles. Tavis Hall, 218 Maryland, explained that the Waterloo Convention and Visitors Bureau has changed its name to Experience Waterloo and provided an overview of the direction of the entity. Jim Chapman, 224 Bertch, explained that a few weeks ago a disturbance occurred in the chambers and was feeling bad about it because he stated that the gentleman should have to take his hat off. However,tonight he was reminded of the reason for his stance after reading the back of Rev. Ed Loggins's Marines shirt, and that he is proud to be an American. Mrs. Klein commented that a couple months ago she was trying to do her due diligence to find out where the city was with a particular large contract. She inquired on where the deadlines were, if there were performance markers, and if the city had an exit strategy. She discovered that the city does not have exit clauses in many of their contracts, and was told that the particular contract she was inquiring about was a typical development contract the city lets in Waterloo. She stated that she was appalled that the city does that and that she wanted to know if that was a decision made in the legal department, planning department, or finance department. And if those individuals do that then they should be replaced immediately. She explained that any council member or Mayor who has ever issued orders to leave the basic defenses of the people of Waterloo out of a contract, then the voters should recognize this and make a change. She further stated that the city needs to track and stop who makes these changes. She further stated that a work session is needed to create a policy. September 24, 2018 Page 2 Mayor Hart stated that he is unaware that direction has ever been given to leave specific items out of a contract, and that a work session will be set to discuss development agreements, benchmarks, etc. to see what can be done to improve the process. 146546 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote-Ayes: Six. Motion carried. CONSENT AGENDA 146547 - Juon/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 September 24, 2018, in the amount of$2,414,139.40, 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. 2018-705. 2. Resolution approving cancellation of assessments for properties listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2018-706. 3. Resolution approving proposed specifications,bid document, form of contract, etc. for a recycling processing facility to support the City of Waterloo's curbside recycling program, and setting date of bid opening as October 11, 2018 and date of public hearing as October 15, 2018, and instruct City Clerk to publish notice Resolution adopted and upon approval by Mayor assigned No. 2018-707. 4. Resolution approving proposed specifications, bid document, form of contract, etc. for the rental of four(4) motor graders to support snow operations, and setting date of bid opening as October 11, 2018 and date of public hearing as October 15, 2018, and instruct City Clerk to publish notice Resolution adopted and upon approval by Mayor assigned No. 2018-708. 5. Resolution approving proposed specifications, bid document, form of contract, etc. in conjunction with the purchase of one (1) 2019 1 ton pickup truck with snow plow for the Traffic Operations Department, and setting date of bid opening as October 11, 2018 and public hearing as October 15, 2018, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2018-709. 6. Resolution fixing date for a meeting on the authorization of a loan and disbursement agreement and the issuance of not to exceed$2,300,000 Sewer Revenue Taxable Capital Loan Notes of the City of Waterloo, Iowa, and providing for publication of notice thereof to fix the date of hearing as October 8, 2018. Resolution adopted and upon approval by Mayor assigned No. 2018-710. b. Motion to approve the following: September 24, 2018 Page 3 1. Travel Requests Name & Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. Sam Barrett, Iowa Recycling & Solid Council October 8- $850.00 Operations Supervisor Waste Management Bluffs, IA 10, 2018 Conference b. Tim Moyer, Chief International Association Riverside, October 11- $150.00 Electrical Inspector of Electrical Inspectors - IA 12, 2018 Iowa Chapter Fall Meeting c. Jeff Siebel, 2018 Fire Prevention& West Des October 23- $685.00 Commercial Property Building Safety Education Moines, IA 26, 2018 Safety Inspector Conference d. Greg Ahlhelm, 2018 Fire Prevention& West Des October 23- $710.00 Building Official Building Safety Education Moines, IA 26, 2018 Conference e. Pat Treloar, Fire EMS World Expo and Nashville, October 30 - $2,640.00 Chief and Jason Conference TN November Hernandez, Medical 2, 2018 Supervisor f. John Hyman, ICT 3E NEC Code Update Waterloo, October 4, $300.00 Foreman and Kevin Class IA 2018 Kuenstling, ICT Tech 2• Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunday a. Hy-Vee C-Store#4, 3700 B Wine/C Beer Renewal 10/31/2019 x University Avenue b. YMCA, 669 S. Hackett Road B Beer w/Outdoor New 10/2/2018 x *5 DAY* Service 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration New or Date Re-Appointment Patrisha L. Serflin Planning, Programming & g Zoning Commission 9/24/2021 New Samir Sarkic Board of Electrical 9/24/2021 New Examiners and Appeals Mark Myers Board of Electrical y Examiners and Appeals 9/24/2021 New Plumbing Board of Jake Connor Licensing, Examiners and 8/24/2021 Re-appointment Appeals 4. Bonds. Roll call vote-Ayes: Six. Abstain: One (Schmitt on item 1.A.2 as he owns a piece of property on the list). Motion carried. PUBLIC HEARINGS 146548 - Schmitt/Amos that proof of publication of notice of public hearing on 2018 Carnegie Annex roof replacement project, as published in the Waterloo Courier on September 10, 2018, be received and placed on file. Voice vote-Ayes: Six. Motion carried. September 24, 2018 Page 4 This being the time and place of public hearing,the Mayor called for written and oral comments and there were none. 146549 - Schmitt/Amos that the hearing be closed. Voice vote-Ayes: Six. Motion carried. 146550 - Schmitt/Amos that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-711. 146551 - 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. 2018-712. 146552 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids. Bidder Bid Bid Amount Security Flat Roof. $55,707 Service Roofing Co. 5% Shingled Roof. $17,255 Waterloo, IA Total Bid: $72,962 Noel Anderson, Community Planning and Development Director, explained that the request for bid was sent to multiple sources, and thought that because this company has done the majority of repair work, maybe that is what kept other companies from bidding. Mayor Hart questioned the necessity of the project. Noel Anderson explained that the building has experienced water leaks and the repair project will prevent structural damage from future leaks. Mayor Hart asked that if approved, when the project would be completed. Noel Anderson explained that project would begin right away while the weather is good. Mr. Schmitt questioned the historic preservation of the roofing project. Noel Anderson explained the materials would be matched. Mrs. Klein requested a list of individuals invited to bid. Mr. Morrissey questioned if the original roof was tile. Voice vote-Ayes: Six. Motion carried. 146553 - Schmitt/Amos that "Resolution awarding contract to Service Roofing Co. of Waterloo, Iowa, in the amount of $72,962, and approving the contract, bonds, and certificate of insurance, and authorize Mayor and City Clerk to execute all necessary documents", be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-713. September 24, 2018 Page 5 RESOLUTIONS 146554 - Morrissey/Amos that "Resolution approving the Annual Financial Report for City Streets for the fiscal year ended June 30, 2018, and authorizing transmittal to the Iowa Department of Transportation", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-714. 146555 - Morrissey/Amos that"Resolution approving Agreement with Iowa DOT for the Initiated Detour of Primary Highways Onto Local Roads, in conjunction with the reconstruction of Highway 20 from IA 21 to the Cedar River Bridge in 2019, and authorize Mayor to execute said document", be adopted. Roll call vote- Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-715. 146556 - Morrissey/Amos that "Resolution approving Amendment No. 2 to Development Agreement with Central Property Holdings, LLC to include a grant in the amount of $500,000, and authorize the Mayor and City Clerk to sign and execute all necessary documents", be adopted. Roll call vote-Ayes: Five. Abstain: One (Jacobs due to a possible conflict of interest). Motion carried. Jim Chapman, 224 Bertch, questioned if the funds for the grant will be TIF funds or bond funds. Noel Anderson explained that the overall project utilizes a combination of TIF and bond funds, and this new request will use bond funds. Dan Levi, Central Property Holdings, explained that the cost of the project have gone up because of cost of steel and requirements from the federal government for larger contingencies. Mr. Morrissey questioned why the cost of steel has increased. Dan Levi explained tariffs imposed on steel have caused the cost to increase, which has contributed to the increased cost of the project. Rodney Anderson, Central Property Holdings, provided an explanation of pricing for the project. Mr. Schmitt commented that the city has already offered incentives and an additional $500,000 is now being requested. He questioned if this is a typical incentive. Noel Anderson explained that with any redevelopment site, it is difficult to say what is typical because each project is unique. He further explained how this project fits in with the overall revitalization of the area compared to one that does not bring the same influence for growth. Mr. Schmitt questioned the eventual value of the building and how much additional investment the developer intends to put forth. Rodney Anderson stated that he is not willing to state his monetary investment. He explained that this project is not typical and that he and Mr. Levi have invested heavily between the two of them and that he does not expect the city to carry all the burden on this project. Mrs. Klein commented that she knows that government has to take risks. The city recently approved to invest money to build a house that will benefit one family, while knowing that house will not appraise equal to the investment. She stated that this request is also a risk, but it will benefit an entire community and that she supports the item. September 24, 2018 Page 6 Todd Obadal, 124 Amity Drive, provided an overview of state laws regarding development agreements and requested a review of the minimum assessment to ensure the city will be able to recoup the assessment. Wayne Nathem, 548 Cloverdale, commented that he has not seen progress toward development at the site. Mrs. Juon questioned if there are performance measurers in the development agreement. Noel Anderson confirmed. Mr. Schmitt requested that Noel Anderson speak to the state law that Mr. Obadal referenced. Noel Anderson stated that he would need to review the code that Mr. Obadal stated before responding. Mayor Hart questioned if there are documentation requirements to be filed with the state on any TIF related projects. Noel Anderson explained that annual TIF reporting is required. Mrs. Juon commented that she has not heard of the 4 year timeline to repay TIF funds that Mr. Obadal stated. Mr. Jacobs clarified that the funds will come from bond fund and TIF funds so it will not be wrapped up in one funding source. Mr. Morrissey stated that he supports the project and that the speed needs to be reduced in front of the building and calm the traffic in the area to make it more inviting to shopping. Mayor Hart explained that the community has wanted a grocery store and development in this neighborhood. The area needs to be reinvigorated and people are now stepping up to make it happen with other projects that are taking place in the area. In addition, the project creates jobs. Mr. Amos commented that he has had several conversations with Rodney Anderson and believes that this is an opportunity to put a grocery store, restaurant, and community center in a neighborhood that badly needs these elements. Resolution adopted and upon approval by Mayor assigned No. 2018-716. 146557 - Schmitt/Amos that "Resolution approving the sale of kitchen equipment from the Public Market building, in the amount of$1,500, to Wilson Restaurant Supply, and authorize the Mayor and City Clerk to execute any necessary documents", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-717. 146558 - Schmitt/Amos that "Resolution approving the Real Estate Purchase Agreement with Tramaun T. Allen to acquire 1430 Commercial Street for $20,000 plus up to $10,000 in closing costs, and authorize the Mayor and City Clerk to execute all necessary documents", be adopted. Roll call vote-Ayes: Five. Nays: One (Klein). Motion carried. David Dryer, 3145 W. 4th Street, questioned why the city pays closing costs. Noel Anderson explained that the closing costs are to cover potential liens or other costs on the property. He stated that he anticipates the city will be able to sell the property and increase the tax base. Forest Dillavou, 1725 Huntington Road, questioned if a time will occur when the city will stop buying and giving away property as it hurts the citizens of Waterloo, and that he has vacant September 24, 2018 Page 7 properties he cannot sell because the city is giving away lots along with a $5,000 incentive for a development agreement. Noel Anderson provided information to support payment of this project and also commented that Mr. Dillavou declined to sell his vacant properties to the city. Resolution adopted and upon approval by Mayor assigned No. 2018-718. 146559 - Schmitt/Amos that "Resolution approving Amendment No.1 to the April 12, 2017 Agreement for General Services Wastewater Treatment Facilities Planning and Nutrient Reduction Study and Operation Assistance by increasing the amount to $64,000 and amending the completion schedule to April 30, 2019, and authorize Mayor to execute said document", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-719. 146560 - Morrissey/Amos that "Resolution approving Professional Service Agreement with AECOM Technical Services of Waterloo, Iowa in the amount of $470,000 for engineering and construction related services for Waterloo Sanitary Sewer System Improvements Titus Pumping Station and Force Main, 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. 2018-720. 146561 - Morrissey/Amos that"Resolution approving Professional Service Agreement with Strand Associates of Madison, WI in the amount of$940,000 to provide Design Services for Waterloo Sanitary Sewer System Plant Biosolids Modification project, and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Six. Motion carried. Mr. Jacobs requested an overview of the item. Steve Hoambrecker, Waste Management Services Director, provided an overview of the changes needed to the plant that will be covered under the design and explained that the total cost of the improvements are estimated at $14 million. John Sherbon, 1715 Robin Road, questioned if money the city earns enough money from providing services to other communities and stated that he believes that the fees need to increase to pay for these projects. Resolution adopted and upon approval by Mayor assigned No. 2018-721. 146562 - Morrissey/Amos that "Resolution approving a residency waiver for Waterloo Police Officer Alex Bovy", be adopted. Roll call vote-Ayes: Zero. Nays: Six (Jacobs, Morrissey, Klein, Amos, Schmitt, and Juon). Motion failed. David Dryer, 3145 W. 4th Street, questioned if the individual will stay in Black Hawk County and pay taxes in Black Hawk County. Dan Trelka, Chief of Police, explained that the officer deals with the most violent of society and he and his family received threats. He contributes a tremendous amount to the community but there is a potential that he may live outside the county. Michelle Weidner, Chief Financial Officer, explained that public safety is approximately 78 percent of the general fund. Mrs. Klein commented that she believes that employees should live within the 10 miles radius. September 24, 2018 Page 8 Forest Dillavou, 1715 Robin Road, explained that the city should be made safer so that employees feel safe living in the community. Mayor Hart apologized for the interaction earlier and Mr. Dillavou apologized for his outburst. Wayne Nathem, 548 Cloverdale, questioned if the city has a policy that officers live in city limits and that exceptions should not be granted. Mayor Hart confirmed and that this employee is asking for an exception. Mrs. Juon stated that the purpose of the policy requiring employees to live within a certain radius is to ensure a timely response to an emergency, and that the reasons for the move outside of the threat were not compelling. Mr. Morrissey commented that he supports the police officers but stated that he finds it hard to believe that there is not some sort of housing accommodation within the radius. He stated that he doesn't want to see anyone harmed and hopes that turning this request down will not harm the officer. He further stated that discussions like this are not creating a positive image for Waterloo. Mr. Schmitt stated that supporting this item is not a good image for Waterloo and that the community needs to focus on become a safer place. Resolution assigned No. 2018-722. ORDINANCES 146563 - Amos/Morrissey that "an Ordinance amending the City of Waterloo Traffic Code by Adding Subsections (4) Fifth Street (W) and (5) Sixth Street (W), to Section 576, No Parking 11:00 P.M. to 5:00 A.M., as follows: (4) Fifth Street (W) - Alley in 200 block, both sides, between Jefferson and Commercial Streets and (5) Sixth Street (W) - Alley in 700 block, both sides, between Jefferson and Commercial Streets", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Six. Motion carried. 146564 - Amos/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. Sandie Greco, Interim Public Works Director, explained the urgency. 146565 - Amos/Morrissey that "an Ordinance amending the City of Waterloo Traffic Code by Adding Subsections (4) Fifth Street (W) and (5) Sixth Street (W), to Section 576, No Parking 11:00 P.M. to 5:00 A.M., as follows: (4) Fifth Street (W) - Alley in 200 block, both sides, between Jefferson and Commercial Streets and (5) Sixth Street (W) - Alley in 700 block, both sides, between Jefferson and Commercial Streets", 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. 5469. 146565 - Schmitt/Amos that "an Ordinance amending the 2008 Traffic Code by adding a new section Section 571D, No Parking 2:30 P.M. to 3:30 P.M. during School, as follows: When signs are erected in each block, or portion thereof, giving notice, no person shall park a vehicle between the hours of 2:30 p.m. to 3:30 p.m., Monday through Friday during school within the district and upon any of the streets or portions thereof as named herein: West Park Lane - South side in the 300 block", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Six. Motion carried. September 24, 2018 Page 9 146566 - Schmitt/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Six. Motion carried. Sandie Greco explained it is a safety issue. 146567 - Schmitt/Amos that "an Ordinance amending the 2008 Trak Code by adding a new section Section 571D, No Parking 2:30 P.M. to 3:30 P.M. during School, as follows: When signs are erected in each block, or portion thereof, giving notice, no person shall park a vehicle between the hours of 2:30 p.m. to 3:30 p.m., Monday through Friday during school within the district and upon any of the streets or portions thereof as named herein: West Park Lane - South side in the 300 block", 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. 5470. 146568 - Juon/Amos that the council adjourn to Executive Session at 7:07 p.m. Roll call vote-Ayes: Six. Motion carried. City Attorney Dave Zellhoefer stated that discussion of collective bargaining is an approved topic of Executive Session pursuant to Iowa Code Section § 20.16. EXECUTIVE SESSION 146569 - Juon/Morrissey that the council adjourn Executive Session at 7:52 p.m. Voice vote-Ayes: Six. Motion carried. ADJOURNMENT 146570 - Juon/Morrissey that the Council adjourn at 7:52 p.m. Voice vote-Ayes: Six. Motion carried. Kelley Fel le City Clerk