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HomeMy WebLinkAboutMinutes-November 13, 2018 November 13, 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,November 13, 2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Sandie Greco, Interim Public Works Director 146703 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday,November 13, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. 146704 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday,November 5, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. Proclamation Congratulating Mt. Carmel Missionary Baptist Church on 97th Anniversary. Recognition of Denita Gadson, Iowa Small Business Administration Minority Small Business Champion of the Year. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, commented he heard the Mayor speak on the radio and felt like he heard the Mayor infer that he was a naysayer. Mayor Hart explained his comments on the radio program. David Dryer, 3145 W. 4th Street, stated that he put out several emails to councilmembers and the Mayor. He thanked Paul Huting, Leisure Services Director, for a direct answer to a question. He believes that most of the emails he receives back are dodging the answer and explained that he is simply asking because he is looking out for the citizens of Waterloo. He stated that in one email response he was told that he was negative and badgering city employees. He requested item LA.2 be removed from the consent agenda. Todd Obadal, 124 Amity Drive, commented on the recent financial issue with the Newbo Evolve Festival in Cedar Rapids and that Mr. Dryer's question from a week ago regarding financing for a grocery store project in Waterloo was not answered and believes the question was appropriate and should be answered. He further commented on the failure of another developer to secure funds for the Five Sullivan Brothers project and that when he, and others, questioned the viability of the developer, he was told by the city attorney not to worry about it and to trust that the city officials know what they're doing. He questioned why the city council is not required to approve the dissolution of the agreement with Leslie Hospitality and the subgroup Waterloo LK. Mayor Hart explained that the deal with Leslie Hospitality was contingent upon the ability to purchase the Ramada and the Ramada was not purchased. Philip Oltrogge, 814 W. 2nd Street and Dr. Sherry Gable, 5118 South Fork Lane, commented that an abandoned church located at the corner of W. 2nd and Wellington Street has fallen into disrepair over a period of 25 years. Dr. Gable read goal number four from the City of Waterloo Goals, and stated that the property is unsightly and unsafe and she would like something done about this property that is in clear violation of the city code. Noel Anderson, Community Planning and Development Director, explained that the city recently acquired the property through the 657A process and is on the main priority list to be demolished over this winter and should be completed by April 2019. Willie Smith, 2260 Ashland Avenue, thanked the Mayor for coming out to the National Guard facility to welcome home the troops. He stated that they had a nice Veterans Day ceremony at Memorial Hall. November 13, 2018 Page 2 Sam Neill, 514 Kingbard Blvd., explained that he appreciates having a new street with curbs in front of his house but he does not appreciate that the street is 18 inches narrower at Fletcher. He commented that he does not believe the slope by his home is correct, and that construction material was used as fill in his front yard and it is unsafe to mow. He is concerned that they are pouring concrete in freezing weather, and he questioned why the project is not yet complete. He stated that he does not believe the contractor views small road construction as a priority and that the city should be pouring concrete on this project and not asphalt. Mr. Morrissey commented that a month ago he asked for a quick reference sheet on how different types of funds can and cannot be used. He stated that the topic of the CIP process has been brought up at his last three monthly ward meetings. He commented that council and the public need to be more engaged earlier in the process. He further stated that the United Nations Universal Declaration of Human Rights was signed on December 10, 1948, by 48 countries, and he proceeded to read several articles of the document. Mr. Schmitt thanked Mr. Morrissey for putting together a commemoration of the 100th anniversary of WWI. 146705 - Schmitt/Juon that the above oral comments be received and placed on file. Voice vote-Ayes: Six. Motion carried. CONSENT AGENDA 146706 - 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 November 13, 2018, in the amount of$4,584,033.20, 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. 2018-829. > 2018, fef _ Stadium Gfoup Seating Boxes Prejeet, and instmet City Clerk te publish sai 3. Resolution approving preliminary plans, specifications, form of contract, etc., setting a date of bid opening as November 29, 2018 and date of public hearing as December 3, 2018, for the FY 2019 Levee Tree Clearing Cedar River, Contract No. 968, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2018-830. 4. Resolution setting the date of public hearing as November 26, 2018 to approve the request by the City of Waterloo to vacate an easement over a previously vacated alley located Northeast of 827 Commercial Street, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2018-831. b. Motion to approve the following: 1• Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunday a. Beck's Taproom Grill, 2027 C Liquor Renewal 9/30/2019 X Crossroads Blvd. w/Outdoor Service November 13, 2018 Page 3 b. Cherry Creek Grill, 1850 W. C Liquor Renewal 10/31/2019 X Ridgeway Ave w/Outdoor Service c. Crossroads Cinema, 2450 Special Class C New 3/15/2019 X Crossroads Blvd. *Ownership Update* d. Fareway Stores, Inc. #951, E Liquor New 11/16/2018 40 W. San Marnan Drive *Ownership Update* e. Independence Liquor and B Wine/C Beer/E Renewal 10/15/2019 X Food, 1761 Independence Liquor Ave f. Kings and Queens Club, 304 C Liquor w/outdoor New 10/21/2019 X W. 4th Street service g. Kwik Star#380, 506 W. 9th C Beer Renewal 11/18/2019 X Street h. Kwik Stop 3, 1104 B Wine/ C Beer Renewal 7/14/2019 X Washington Street E/Li uor 2. Recommendation of appointment of Cooper Siddell, from the Civil Service list, to the position of Equipment Operator 1, in the Street Department, effective December 3, 2018. 3. Recommendation of appointment of Justin Quint, from the Civil Service list, to the position of Equipment Operator II, in the Street Department, December 3, 2018. 4. Cigarette/Tobacco Permit New Application for West Side Liquor, 919 W. 5th Street. 5. Cigarette/Tobacco Permit New Application for Smokers Choice, 1010 E. Mitchell. 6. Cigarette/Tobacco Permit New Application for Independence Liquor & Food Store, 1761 Independence. 7. Bonds. Roll call vote-Ayes: Six. Motion carried. 146707 - Schmitt/Juon Resolution approving preliminary specifications, bid documents, etc., and setting date of bid opening as December 6, 2018 and date of public hearing as December 10, 2018, for the Riverfront Stadium Group Seating Boxes Project, and instruct City Clerk to publish said notice. Roll call vote-Ayes: Six. Motion carried. Paul Huting, Leisure Services Director, provided an overview of the project. David Dryer, 3145 W. 4t` Street, commented that he has attended professional ballgames where a particular entity paid for a box seat and that this will limit taxpayer access to the seating. Resolution adopted and upon approval by Mayor assigned No. 2018-832. RESOLUTIONS 146708 - Morrissey/Amos that "Resolution supporting the application by Black Hawk Contracting & Development Co. for the Iowa Workforce Housing Tax Incentives Program to construct four new single family homes, 3 located on lots 1, 2, & 6 of Hillside Addition and one located on lot 1 of Williston Field Addition, with a local match of the Consolidated Urban Revitalization Area (CURA) tax abatement for each property", be adopted. Roll call vote-Ayes: Six. Motion carried. Mrs. Juon requested an overview of the Iowa Workforce Housing Tax Incentives Program. Noel Anderson provided an overview of the incentive program and the item. November 13, 2018 Page 4 Mr. Schmitt questioned if this is similar to other projects Mr. Rooff has completed throughout the city. Noel Anderson confirmed. Resolution adopted and upon approval by Mayor assigned No. 2018-833. 146709 - Morrissey/Amos that "Resolution supporting the application by Black Hawk Contracting & Development Co. for the Iowa Workforce Housing Tax Incentives Program to construct four new single family homes, located on Lots 2, 3, 4. & 5 of Williston Field Addition, with a local match of the Consolidated Urban Revitalization Area (CURA) tax abatement for each property", be adopted. Roll call vote- Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-834. 146710 - Schmitt/Amos that "Resolution supporting the application by Black Hawk Contracting & Development Co. for the Iowa Workforce Housing Tax Incentives Program to construct four new single family homes, three homes located on Lots 2, 3 & 4 of Baltimore Field 1st Addition and one on Lot 2 of Crossroads Estates Replat No 5, with a local match of the City Limits Urban Revitalization Area (CLURA) tax abatement for each property", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-835. 146711 - Schmitt/Amos that "Resolution approving a Temporary Easement Agreement with Root Properties, LLC in the amount of$573.04, located at 4015 University Avenue, in conjunction with the University Avenue reconstruction Phase II project", be adopted. Roll call vote-Ayes: Six. Motion carried. Mr. Morrissey questioned how many easements need to be obtained. Noel Anderson explained that the city needs to acquire five more easements. Resolution adopted and upon approval by Mayor assigned No. 2018-836. 146712 - Amos/Morrissey that"Resolution approving use of revenue earned from the Automated Traffic Enforcement Cameras Program in FY2020 and each budget year hereafter, by designating use of said revenue for property tax relief and hiring additional Police Department personnel, and rescinding Resolution No. 2017- 684", be adopted. Roll call vote-Ayes: One (Jacobs). Nays: Five (Morrissey, Klein, Amos, Schmitt, and Juon). Motion failed. Jim Chapman, 224 Bertch, commented that he was not in favor of the cameras and that he does not agree that the city should utilize the funds. David Dryer, 3145 W. 4th Street, commented that if this should pass, he would like to see it pass for public safety uses, to include the Fire Department, and not just police use. John Sherbon, 1715 Robin Road, commented that the safety factor is of concern to him, as an officer stepped out from behind a tree on Ansborough and snapped a photograph of motorists and believes that this is a distraction to drivers. He stated if this was about safety the red light cameras would be installed. Dan Trelka, Police Chief, explained that the program started one year ago with handheld cameras and the speed jeep and traffic accidents are decreasing. This week red light cameras are being installed. He explained that the department is short staffed compared to other cities. He said that he told council when the program started that the number one priority for the funds would be tax relief November 13, 2018 Page 5 and hiring an officer. He explained that an officer started a program on his own time that has won an award from the Department of Justice. He wants to add an officer using camera funds to pay for the program as he believes the program could save lives. He explained that the program will have a positive impact on gang violence. To compound the problem, he has the potential to lose up to eight officers to both retirement and exploring job opportunities elsewhere. He further explained Officer Brandt has identified funding through his non-profit to fund his work for the program through the end of the fiscal year. Officer Justin Brandt, explained that handcuffs are not a solution to youth falling into gang violence. He explained his program identifies at risk youth and gives them a place to go. They contact parents of youth who have police interactions around age fourteen and try to figure out what is happening in their household. He explained that the youth are atypically living in difficult family situations, which push them to misbehave in school and fall into gangs. The program identifies services for the kids and families to help keep the kids out of gangs and complete school. Don Share, 1415 Downing Avenue, commented that he supports this resolution as it will create a beneficial impact on the youth of Waterloo. Forest Dillavou, 1725 Huntington Road, explained that he supports the program but that the taxpayers were told about tax reduction and this resolution would not keep that promise. He stated that alternative funding sources should be identified to support the program. Vivian Betts, 1644 Oriole Avenue, commented that she supports the resolution as she practiced law for 40 years and saw how children fell into violence due to trauma. She stated that she is on the Board for the non-profit and that she has had a first-hand experience with the benefit the program provides to families in Waterloo. Willie Smith, 2260 Ashland Avenue, commented that he thinks that grants should be sought to help support the program. He further stated that the council should also support the program with funding. Todd Obadal, 124 Amity Drive, commented that the city has enough money that is not being used wisely, and is easy to find, that could be reallocated to support this program. He listed several economic development incentives that should not have been allocated and the savings from not giving incentives could be allocated to the program. Bill Kammeyer, 526 Home Park Boulevard, commented that the city should spend money on this program and commented that the council is creating the problem because they give money to economic development incentives. Mrs. Juon stated she supports the program and questioned if this is for fiscal year 2020, why not wait for budget discussions. She commented on specific language in the resolution and pointed out that the police department was one of few departments that did not suffer a loss of staff due to budgeting. Chief Trelka commented that the purpose for the resolution was to be prepared for the budget process. Mrs. Juon commented that the language in the proposed resolution is too open ended and she would like to see the project name and dollar amount defined, and therefore cannot support the resolution. Mr. Jacobs supports the project and agrees with Mrs. Juon that the language should clearly define that the money will be used to add one officer to deal with gang related violence. He commented that the revenue generated from the cameras program is greater than anticipated and there is more than enough money to support reducing gang violence. He further commented that the initial projection of revenue would be as low as $300,000 annually, but recent projections indicate this figure could easily be doubled. Mr. Amos commented that a homicide happened one block from his home and a week ago a 15 year old stole a car and ran into his neighbor's garage. He thanked Officer Brandt for the work he is doing as it is making a big impact in his community. He stated that the community can rally to support the program. But, he does not support taking money in the way the resolution is proposed. November 13, 2018 Page 6 Mrs. Klein commented that she is very support of the program, as it seems incredibly sensible to intercept violence. She stated that the resolution is not written that it is to support the Hail Mary project. She stated that this creates a funding stream for a new program and that it should have parameters in place to evaluate the efficacy of the program. Mr. Morrissey commented that the proposed resolution is a budgetary issue not about the project and is a conversation that should happen in February. He commented that the council passed a resolution to hold the funds for two years and stated that he believes it is best for the funds to be held to see how the speed camera program performs. Mr. Schmitt complimented Officer Brandt for his volunteer work with the program. He stated that the council had the fortitude to set up the cameras to make the city safer. He stated that he believes that the cameras are beneficial but that using them as a revenue stream, to him, does not make sense. He stated that the public safety budget is 70-80 percent of the city's general fund and believes that it is higher than other communities of similar size. He stated that the council needs to take a look at this from a budget standpoint and commented that he believes that UNI and the Waterloo Schools should be more involved in the program. He explained that grant funding should be out there to support the non-profit. Mr. Jacobs commented that he is disappointed that the council does not seem to be supporting the program and that it is absurd that council would think that the camera program would not be used as a revenue stream. Mrs. Juon commented that she is in favor of the program but she supports the decision making process and this should be reviewed as part of the budget process. She also cautioned council that the city does not know what is going to happen with the backfill and funds should be held in that event. Mr. Amos commented that it would be more effective to rally the community, as a council, to support the program. Mayor Hart commented that he is hearing there is support for the program but not in how it will be paid for and questioned if the resolution would be supported if the language was defined as suggested by some council members. Mr. Morrissey commented that this needs to be taken up during the budget. Mrs. Juon concurs with Mr. Morrissey. Resolution number assigned 2018-837. ORDINANCES 146713 - Morrissey/Amos that"an Ordinance approving a request to vacate a portion of West 4th Street (former Bridge Street) right-of-way, located adjacent to 501-503 Commercial Street, subject to the retention of a utility easement over, under and upon the entire vacate area", be received, placed on file, considered and passed for the second time. Roll call vote-Ayes: Six. Motion carried. 146714 - 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: Two (Klein and Schmitt). Motion failed. 146715 - Amos/Schmitt that "an Ordinance amending Chapter 3, Sewer Regulations, Section 8-3A-6: Sewer Rental Charge to increase sewer rates", be received, placed on file, considered and passed for the third time and adopted. Roll call vote-Ayes: Six. Motion carried. Mr. Schmitt requested an overview of the item. November 13, 2018 Page 7 Steve Hoambrecker, Waste Management Services Director, explained that the rate increase is going to help pay for the additional expenses the city is expected to incur as part of the consent decree projects, which the initial phase is roughly $18,000,000. Mr. Schmitt questioned if the residents who have suffered sewer and water backups the past six months to a year would be positively impacted by this now or would that be in the future increases. Steve Hoambrecker explained that in time they would benefit. He commented that the original rate increases went a long way toward what has been successfully accomplished in service areas 15 and 16, and that these increases will help fund the commitment to the consent decree. Mayor Hart commented that everything that is being done is addressing sanitary sewer overflows and requested a list of all the projects. Ordinance adopted and upon approval by Mayor assigned No. 5472. ADJOURNMENT 146716 - Juon/Morrissey that the Council adjourn at 7:21 p.m. Voice vote-Ayes: Six. Motion carried. Kelley Felchle City Clerk