HomeMy WebLinkAboutMinutes-October 08, 2018 October 8, 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, October 8, 2018. Mayor Quentin Hart in the Chair. Roll Call:
Jacobs, Morrissey, Klein, Amos, Schmitt, and Juon.
Prayer or Moment of Silence.
Pledge of Allegiance: Margaret Klein, Ward 1 Council Member
146586 - Juon/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, October 8, 2018, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Six. Motion carried.
146587 - Juon/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, October 1, 2018, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Six. Motion carried.
Proclamation Declaring October 7-13, 2018 as Mental Illness Awareness Week.
ORAL PRESENTATIONS
Denise Drahos, 2520 W. 8th Street, explained that she, and her neighborhood,has been flooded
several times with sewage. They have been promised for several years that it would be fixed but that
they have not been repaired. She explained that insurance companies will not provide coverage
because the area floods on a regular basis and the valuation of her home has decreased. She asked
for an answer on when the repairs will happen. She stated that the Mayor and Mrs. Klein have done
a lot of work to help work on the situation. She explained she met a man who is going to run for
council who has seven children and also got flooded, and is excited that he will at least understand
what she and her neighbors are going through.
Mayor Hart commented that he agrees the issues need to be addressed and he will treat this as if it
were happening in his own home, and make sure the problem is fixed.
Ms. Drahos questioned if there will be FEMA responses to the excessive rain.
Mayor Hart explained that the city has never had this much water in September and October in the
history of Waterloo. He stated that he could reach out at the state level to see if anything can be
done to help provide relief.
Danielle Putman, 2502 W. 8th Street, explained that she purchased her home in April of 2018 and
has had numerous sewage backups since July. She explained that she has been dissatisfied with the
response from Waste Management.
David Dryer, 3145 W. 4th Street, questioned why three Firemen and the Chief are traveling to pick
up a fire truck in Wisconsin and if the employees will be on overtime.
Mayor Hart stated that the item would be pulled off the consent agenda to be discussed.
Jim Chapman, 224 Bertch, requested an update on the Five Sullivan Brothers Convention Center.
Dave Zellhoefer, City Attorney, explained that the city is in discussions with the other party's
attorney.
Todd Obadal, 124 Amity Drive, explained that he received an email response from the city regarding
his question about whether or not the city will be recouping any of the monies spent in conjunction
with the grocery store on Franklin Street. The response was that the city only needed to recoup one
dollar to be compliant with state code. He stated that he disagrees with the response and that value
of the land and all that went into preparing the land for the project, is certainly worth more than one
dollar and that it does not meet the state code requirements.
Forest Dillavou, 1725 Huntington Road, explained that the city needs to have a performance bond
with development agreements to ensure that projects do not go on and on for years.
October 8, 2018 Page 2
Mrs. Klein commented on an item on the consent agenda,that she will be voting against a travel
request for Sgt. Farmer and Gergen's to travel to Dallas because it had already occurred. She stated
that a phone call should at least be made to the Finance Committee Chairperson before things like
this occur. She also commented on the recent flooding in her ward.
Mayor Hart explained that the Firefighter of the Year award was given to Justin Junk by the
Waterloo Exchange Club.
146588 - Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote-Ayes: Six. Motion
carried.
CONSENT AGENDA
146589 - 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 October 8, 2018
in the amount of$1,809,652.46, 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. 2018-743.
2. Resolution approving cancellation of assessments for properties 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. 2018-744.
b. Motion to approve the following:
1 Travel Requests
Name &Title Amount
of Personnel Class/Meeting Destination Date(s) not to
,962.17$1
L'.,
Sgt nlle,. �,,� T...,.,ol to Dallas f Dallas, z t�2r-24- �Y.n17-
eflge��esfigafien. 26, 2019.
b. Sgt. Devine & Inv. Iowa Association for Johnston, IA November 7-9, $680.00
Stratton Identification 2018
Educational Conference.
e. Chief T r-el..,- a l T,-a,vel to r, ek, , Sometime
(3) Fre F g tef Engine 311- VY2 betwee�
2. Approved Beer, Liquor, and Wine Applications
Name &Address of Business Class New or Expiration Includes
Renewal Date Sunday
a. The Brown Bottle, 209 W. C Liquor Renewal 10/21/2019 x
5th Street
b. Casey's 218 Pub, 4010-4018 C Liquor Renewal 9/30/2019 x
University Avenue w/Outdoor Service
c. Casey's General Store#2427, B Wine/ C Beer New 12/31/2018 x
3035 Logan Avenue
*Premise Update*
B Native Wine to B Wine
October 8, 2018 Page 3
d. Casey's General Store #2866, B Wine/ C Beer New 12/27/2018 x
51 E. Tower Park Drive
*Premise Update*
B Native Wine to B Wine
e. Casey's General Store#2867, B Wine/C Beer New 12/27/2018 x
2424 Ranchero Road
*Premise Update*
B Native Wine to B Wine
f. Casey's General Store#2879, B Wine/ C Beer New 4/18/2019 x
3260 University Avenue
*Premise Update*
B Native Wine to B Wine
g. Casey's General Store#2880, B Wine/C Beer New 4/18/2019 x
1604 LaPorte Road *Premise
Update*
B Native Wine to B Wine
h. Chilito's Mexican Bar and C Liquor Renewal 8/7/2019 x
Grill, 441 E. Tower Park w/Outdoor Service
Drive
i. Target Store T-1792, 1501 E. B Wine/C Beer/E Renewal 6/27/2019 x
San Marnan Drive Liquor
j. Walmart Supercenter#1496, B Wine/ C Beer/E Renewal Renewal x
1334 Flarnmang Drive Liquor
3. Motion to approve Exception to Burning Yard Waste Application by Ryan Kurtz to burn native grass
and flowers on .62 acres southside of Orange Elementary School, located at 5805 Kimball Avenue,
between September 15 and October 31, when wind conditions are right.
4. Cigarette/Tobacco Permit New Application for Logan Avenue Convenience Store, 735 Logan Avenue.
Roll call vote-Ayes: Six. Motion carried.
146590 - Morrissey/Amos
Motion to approve the following travel request:
Name & Title of Amount
Personnel Class/Meeting Destination Date(s) not to
Exceed
1.B.l.a. Chief Treloar and (3) Fire Travel to pick up Weyauwega, Sometime $460.00
Fighters Engine 311. WI between October
8-19, 2018
Pat Treloar, Fire Chief, provided an overview of the travel request.
Roll call vote-Ayes: Six. Motion carried.
146591 - Morrissey/Amos
Name & Title of Amount
Personnel Class/Meeting Destination Date(s) not to
Exceed
1.B.l.c. Sgt. Farmer and Inv. Travel to Dallas for an Dallas, TX September 24- $1,962.17
Ger en ongoing investigation. 26, 2018
Major Joe Leibold, Waterloo Police Department, provided an overview of the travel request.
Voice vote-Ayes: Five. Nays: One (Klein). Motion carried.
PUBLIC HEARINGS
October 8, 2018 Page 4
146592 - Schmitt/Amos
that proof of publication of notice of public hearing on Taxable Sewer Revenue Capital Loan Notes -
The issuance of not to exceed $2,300,000 Taxable Sewer Revenue Capital Loan Notes (State of
Iowa Revolving Fund Loan)., as published in the Waterloo Courier on September 26, 2018, be
received and placed on file. Voice vote-Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments.
David Dryer, 3145 W. 4th Street, questioned if the city has paid off the previous $1.7 million
borrowed.
Michelle Weidner, Chief Financial Officer, explained that the previous loan is scheduled to be paid
back over a 20 year period, and the $2,300,000 additional loan is necessary to correct the sewer
system. She further explained the need for sewer rate increases to help fund the sewer system
proj ects.
David Dryer commented that a 5 percent increase over two years was previously discussed and
asked if this would mean an additional increase.
Michelle Weidner explained that she anticipates a 5 percent increase over several years to make
necessary repairs.
Forest Dillavou, 1725 Huntington Road, asked to know the interest rate over 20 years.
Michelle Weidner explained that the rate is two percent and the principal is paid down over the
course of 20 years.
Don Schare, 1415 Downing Avenue, questioned if any of the funds will be spent on fixing the
problems causing sewer backups into homes.
Michelle Weidner, explained the sewer system projects.
Mayor Hart requested an overview of the SRF program.
Michelle Weidner provided an overview of the program.
Don Schare questioned if the backups can be prevented with backflow preventers.
Steve Hoambrecker, Waste Management Services Director, explained that backflow preventers are
designed to prevent sewage backups but that if the sanitary sewer lines in the street are surcharged it
may also cause a problem with sewage leaving the home.
146593 - Schmitt/Amos
that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Six.
Motion carried.
146594 - Schmitt/Amos
that "Resolution instituting proceedings to take additional action for the authorization of not to
exceed $2,300,000 Taxable Sewer Revenue Capital Loan Notes", be adopted. Roll-call vote-Ayes:
Six. Motion carried.
Mr. Jacobs requested more information on the project.
Steve Hoambrecker explained that the project diverts the overflow of sewage to a satellite basin
which is then directed to and treated through an ultraviolet disinfection chamber.
Mr. Schmitt questioned if the $1.7 million and $2.3 million dollars are part of, or in addition to, the
$170 million consent decree.
Michelle Weidner explained that these amounts are included in the $170 million.
October 8, 2018 Page 5
Mayor Hart commented that Strand Associates did review the various projects at a prior Work
Session.
Michelle Weidner explained that there are two categories of projects. The collection system which
is for the consent decree, and also improvements for the treatment plant which are needed to avoid a
future consent decree and that the two together are approximately $140 million.
Mrs. Klein clarified that the back flow preventers stop sewage from going in and out of the home.
Mrs. Juon questioned if the projects will have an impact on the needs of the residents.
Michelle Weidner explained that the master plan for sewer repairs can be changed over time to
address immediate concerns that may arise.
Mr. Morrissey commented that the council needs to realize that to fix these issues requires raising
taxes in order to pay for the projects.
Mrs. Klein commented that the city is sitting on millions of dollars of TIF money that can go toward
infrastructure and stop spending money on vanity projects.
Mayor Hart commented that there is a myriad of different needs in the city of Waterloo and each
take resources and dollars and that council's support is needed on a multitude of levels so that
modeling can continue in order to make the best decisions to solve the problems.
Resolution adopted and upon approval by Mayor assigned No. 2018-745.
146595 - Morrissey/Amos
that proof of publication of notice of public hearing on FY 2019 Sidewalk Repair Assessment
Program - Zone 8, Contract No. 958, as published in the Waterloo Courier on September 24, 2018,
be received and placed on file. Voice vote-Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
146596 - Morrissey/Amos
that the hearing be closed. Voice vote-Ayes: Six. Motion carried.
146597 - Morrissey/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. 2018-746.
146598 - Morrissey/Amos
that"Resolution authorizing to proceed", be adopted. Roll-call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-747.
146599 - Morrissey/Amos
Motion to receive and file and instruct City Clerk to read bids.
Engineer's Estimate: $201,567.55
Bidder Bid Security Bid Amount
B&B Builders & Supply 5% $206,215.82
Waterloo, IA
Midwest Concrete, Inc. 5% $298,081.05
Peosta, IA
October 8, 2018 Page 6
Voice vote-Ayes: Six. Motion carried.
146600 - Morrissey/Amos
that "Resolution approving award of contract to B&B Builders & Supply of Waterloo, IA in the
amount of $206,215.82, and approving the contract, bonds and certificate of insurance for the FY
2019 Sidewalk Repair Assessment Program - Zone 8, Contract No. 958, 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. 2018-748.
RESOLUTIONS
146601 - Schmitt/Amos
that "Resolution approving temporary easement agreements with JDAVIS Properties, LLC at 4020
University Avenue in the amount of$767.00, HFC Investments, LLC at 4021 University Avenue in
the amount of$281.69, Casey, Tim Trust at 4010-4018 University Avenue in the amount of$867.90,
Hy-Vee, Inc. at 4000 University Avenue in the amount of$997.56, Exceptional Persons, Inc. at 3927
University Avenue in the amount of$825.40, H and B Hawk Club, LLC at 3909 University Avenue
in the amount of $360.91, Cone Management, Inc. at 3840 University Avenue in the amount of
$1,084.20, Lederman Brothers Property Management Co., LLC at 3821 University Avenue in the
amount of $194.04, and Hermansen Properties, LLC at 3 811 University Avenue in the amount of
$528.00, in conjunction with the University Avenue reconstruction Phase II project, and authorize
the Mayor to execute said documents", be adopted. Roll call vote-Ayes: Six. Motion carried.
David Dryer, 3145 W. 4th Street, questioned if this is all of the easements that will be needed.
Noel Anderson, Community Planning and Development Director, explained that there are eight
acquisitions left.
Resolution adopted and upon approval by Mayor assigned No. 2018-749.
146602 - Schmitt/Amos
that "Resolution approving the assignment of rebates to Gaymond W. Schultz & Cynthia A.
Schultz in conjunction with a Development Agreement with Dolly James, LLC, originally approved
on January 30, 2012 for the property located at 820-914 Sycamore Street, and authorize the Mayor
and City Clerk to execute said agreement", be adopted. Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-750.
146603 - Schmitt/Amos
that "Resolution approving construction plans for sanitary sewer, serving Kenn Dahl First Addition,
W. 4th Sanitary Sewer Extension, as submitted by YTT Design Solutions, of Cedar Rapids, Iowa,
and a Sewage Treatment Agreement between the Department of Natural Resources and the City of
Waterloo, DNR Form 29 (Nov 00), and final acceptance of construction plans, subject to the review
and acceptance by the DNR, and authorize the Mayor to execute said documents", be adopted. Roll
call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-751.
146604 - Amos/Morrissey
that Motion approving final quantity adjustment for a net increase of$82,086.49 for the FY 2012 E.
Donald Street Improvements, Contract No. 797, and authorize the Mayor and City Clerk to execute
said document, be received,placed on file and approved. Roll call vote-Ayes: Six. Motion carried.
146605 - Amos/Morrissey
October 8, 2018 Page 7
that "Resolution approving Completion of Project and Recommendation of Acceptance of work, for
work performed by Stickfort Construction Co., at a total cost of$1,688,332.57, in conjunction with
FY 2012 E. Donald Street Improvements, Contract No. 797", be adopted. Roll call vote-Ayes: Six.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-752.
146606 - Amos/Morrissey
that "Resolution approving an Amendment to Development Agreement with Dahlstrom
Development, LLC for a new 200,000 square foot warehousing building in the MidPort area by
changing the tax rebate schedule from 10 years at 50% to 10 years at 70%, and authorize the Mayor
and City Clerk to execute all necessary paperwork", be adopted. Roll call vote-Ayes: Four. Nays:
One (Klein). Abstain: One (Jacobs due to a possible business conflict). Motion carried.
Todd Obadal, 124 Amity Drive, explained that he had heard that these rebates were originally a
mistake and wants to know what has changed to ask for more rebates and does not understand why
this needs to be changed as the city is not receiving anything in return.
Noel Anderson explained that the city has an Economic Development Policy that outlines how
incentives are distributed. He explained that a typo occurred and that negotiations were at 70% and
further explained the benefit to the city.
Forest Dillavou, 1725 Huntington Road, explained that this is not going to help the citizens who are
experiencing sewer backups and that the city needs to stop giving away incentives to developers as it
does not benefit the citizens.
Mayor Hart questioned if these projects pay storm water fees.
Noel Anderson confirmed, and explained the different types of fees and taxes projects are required to
pay.
David Dryer, 3145 W. 4th Street, questioned if the city provides for sanitary sewer for the various
developments.
John Sherbon, 1715 Robin Road, questioned why the city is adjusting the percentage paid due to a
typo and questioned who is checking the paperwork on these contracts.
Mrs. Klein explained that she would not be supporting the item, as the contracts should have been
correct when they first came to council for approval.
Mr. Morrissey requested a recess.
146607 - Amos/Jacobs
To recess at 6:45 p.m. Voice vote-Ayes: Six. Motion carried.
146608 - Amos/Juon
To reconvene at 6:48 p.m. voice vote-Ayes: Six. Motion carried.
Mr. Morrissey requested reference materials outlining how TIF dollars can and cannot be used based
on state law, and would like to know city staff's opinion on the most meaningful ways TIF has been
utilized and if unused rebates could be used for other projects.
Mr. Jacobs commented that it may be good to consider a secondary review process to confirm the
language in development agreements.
Mr. Schmitt commented that the error was not with the contractor but with city staff.
Resolution adopted and upon approval by Mayor assigned No. 2018-753.
146609 - Amos/Morrissey
October 8, 2018 Page 8
that "Resolution approving an Amendment to the Development Agreement with BCS Properties,
LLC for the development of property generally located at the northeast corner of Highway 63 and
West Ridgeway Avenue to amend the start of the 15 year period of rebates, and authorize the Mayor
and City Clerk to sign and fully execute all necessary documents", be adopted. Roll call vote-Ayes:
Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-754.
146610 - Morrissey/Amos
that "Resolution approving an Amendment to the Development Agreement with BCS Properties,
LLC, and GAC Real Estate, LLC, for the development of land generally described as the northeast
corner of Highway 63 and West Ridgeway Avenue, to amend the start of the 15 year period of
rebates, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call
vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-755.
146611 - Morrissey/Amos
that"Resolution approving award of contract to WRH of Amana, Iowa, in the amount of$1,839,380
and approving the contract, bond, and certificate of insurance, in conjunction with the Satellite Wet
Well Rehabilitation, Contract No. 907, and authorize the Mayor and City Clerk to execute said
documents", be adopted. Roll call vote-Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-756.
ADJOURNMENT
146612 - Juon/Morrissey
that the Council adjourn at 6:53 p.m. Voice vote-Ayes: Six. Motion carried.
elley Felee
City Clerk