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HomeMy WebLinkAboutMinutes-11/05/2018 November 5, 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 5, 2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Kevin Dill, Black Hawk County Veterans Affairs Director 146670 - Juon/Schmitt that the Agenda, 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. 146671 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, October 22, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. Proclamation declaring November 11, 2018 as National Tolling of Bells. Presentation from Hip-Hop Literacy Program on trip to China. ORAL PRESENTATIONS Lawrence Wheeler, 433 Bratnober, commented that he is not pleased that the former governor, who is the ambassador to China, did not greet the Hip-Hop Literacy Program on their trip to China. He also commented that Veterans Day is the same day that the Edmund Fitzgerald sank and is commemorated in a song by Gordon Lightfoot. He shared that street lights along the River Road are out. Bruce Kaesser, CRC Apartments, commented that Waterloo is lucky to have the Hip-Hop Literacy Program. David Dryer, 3145 W. 4th Street, questioned why the city accepted responsibility for the cost to remove a damaged structure rather than require the owner to demolish it. He suggested that the city make enhancements to the SportsPlex to attract higher membership and not rebuild one or both of the pools. He questioned if Mr. Dahlstrom has a permit to store rubble at the former flea market sight. He questioned why the city is disposing of a metal chop saw and buying a new hydraulic chop saw and asked for an update on the quality of the saw to be disposed. Mayor Hart explained the decision to demolish the building. Sandie Greco, Interim Public Works Director, explained that everything on the list to dispose is 20- 40 years old and will be sold for parts at auction. Mr. Morrissey shared that the Finance Department received an award for excellence in government accounting for the fourteenth straight year in a row. Mr. Schmitt questioned if the name of the convention center is going to change going forward. Mayor Hart stated that the name is not changing at this time. Mrs. Klein commented that Officer Brandt's Hail Mary program received the Kiki Camarena award. Mr. Jacobs commented that he was able to witness the Police Department in action during an incident and thanked Chief Trelka for putting together such a wonderful department. 146672 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote-Ayes: Six. Motion carried. CONSENT AGENDA November 5, 2018 Page 2 146673 - 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 5, 2018, in the amount of$3,679,324.5.5, 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. 2018-800. 2. Resolution approving the request of Craig W. Reagan for tax exemptions on the construction of a garage valued at$21,330 for a property located at 910 W. 7th Street, and located within the Consolidated Urban Revitalization Area(CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-801. 3. Resolution approving the request of Eva Culp for tax exemptions on the construction of home improvements valued at$4,100 for a property located at 503 Gable Street, and located within the Consolidated Urban Revitalization Area(CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-802. 4. Resolution approving the request of Patricia A. Goldsberry for tax exemptions on the construction of home improvements valued at$50,000 for a property located at 230 Monroe Street, and located within the Consolidated Urban Revitalization Area(CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-803. 5. Resolution approving the request of Tim Aitchison for tax exemptions on the construction of a new single family home valued at$172,657 for a property located at 506 Milwaukee Avenue, and located within the Consolidated Urban Revitalization Area(CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-804. 6. Resolution approving the request of Jereme G. Gunnuscio for tax exemptions on the construction of a new single family home valued at$321,208 for property located at 1208 Partridge Lane, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-805. 7. Resolution approving the request of Robert and Kaye Huff for tax exemptions on the construction of a new single family home valued at $210,000 for property located at 2923 Ansborough Avenue, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-806. 8. Resolution setting a date of public hearing as November 19, 2018 for a request by GBG, LLC to rezone 2.58 acres from "R-2" One and Two Family Residence District to "R-4,R- P" Planned Residence District to allow for the construction of a new medical office, located to the north of 1505-1515 Logan Avenue (George Washington Carver Academy), and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2018-807. 9. Resolution approving specifications, form of contract, etc. and setting the date of bid opening as November 8, 2018, and resetting date of public hearing as November 19, 2018, in conjunction with the 2018 Public Works - Old CMC Building, Roof Replacement Project, and instruct City Clerk to publish notice, and rescinding Resolution No. 2018-787. November 5, 2018 Page 3 Resolution adopted and upon approval by Mayor assigned No. 2018-808. 10. Resolution resetting date of public hearing as November 19, 2018 to approve the request by the City of Waterloo for a site plan amendment to the "M-2,P" Planned Industrial District for an updated site plan for the construction of a 11,880 square foot industrial building, located east of 2320 West Airline Highway and rescinding Resolution No. 2018-788. Resolution adopted and upon approval by Mayor assigned No. 2018-809. 11. Resolution setting a date of public hearing as November 19, 2018 for a request by Crystal Distribution Services for a rezone of approximately 2.53 acres from"M-1" Light Industrial District to "M-2" Heavy Industrial District for a meat processing facility located South of 1656 Sycamore Street, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2018-810. 12.Resolution approving request from Magic Mix Kids to hold their Snowflake Express event to be held at the Open Bible Church, 928 Jefferson Street on December 1, 2018 from 8:00 a.m. to 6:00 p.m., including street closures around the church of W. 7th Street and W. 8th Street between Jefferson to Washington Streets. Resolution adopted and upon approval by Mayor assigned No. 2018-811. 13. Resolution approving cancellation of assessment for 1016 Ackermant Street(Parcel No. 8913-14-454-014) in the amount of$75.68, and authorize the City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2018-812. 14. Resolution approving request of Lisa Grimm for a waiver for a concrete approach located at 3402 Monticello Avenue, and approve eliminating the sidewalk section due to unusual circumstances. Resolution adopted and upon approval by Mayor assigned No. 2018-813. b. Motion to approve the following: 1 Travel Requests Name & Title Amount of Personnel Class/Meeting Destination Date(s) not to Exceed a. Chawne Paige, Pick up and deliver artwork Miami, FL November 24 $2,600.00 Curator and December 10, 2018 2. Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunday a. Aldi#33, 1918 Schukei Road B Wine/C Beer Renewal 11/3/2019 x b. Club Ambassador, 313 W. C Liquor Renewal 12/15/2019 x 5th Street w/Outdoor Service c. D'Vine Medical Spa, 2515 B Native Wine/ C Renewal 11/30/2019 Cyclone Drive Liquor d. Kings and Queens Club, 304 C Liquor Renewal 11/15/2019 x W. 4th Street w/Outdoor Service e. New World Lounge II, 504 C Liquor Renewal 9/14/2019 x Riehl Street 3. Mayor Hart's recommendation of the following appointments: November 5, 2018 Page 4 Appointee Board/Commission Expiration New or Date Re-Appointment Eric Donat ADA Commission 11/2/2021 Re-Appointment Angela Weekle Community Development g y Board 11/2/2021 Re-Appointment Terrance J. Hollingsworth Human Rights 11/5/2021 New Commission 4. Receive and place on file the 2017 Audit of the Waterloo Water Works. 5. Cigarette/Tobacco Permit New Application for Kings and Queens Club, 304 W. 4th Street. 6. Bonds. Roll call vote-Ayes: Six. Motion carried. PUBLIC HEARINGS 146674 - Schmitt/Amos that proof of publication of notice of public hearing on 2018 Tree Removal Project, as published in the Waterloo Courier on October 29, 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. 146675 - Schmitt/Amos that the hearing be closed. Voice vote-Ayes: Six. Motion carried. 146676 - 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. 2018-814. 146677 - 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. 2018-815: 146678 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids. Estimate: $36,600.00 Bidder Bid Security Bid Amount Affordable Tree 5% Dunkerton, IA Ck#5149 $49,800.00 Wilson Custom Tree 5% $29,974.00 Cresco, IA Rathje Construction Co. ° 5/0 $38,125.00 Marion, IA Voice vote-Ayes: Six. Motion carried. 146679 - Schmitt/Amos November 5, 2018 Page 5 that "Resolution awarding the 2018 Tree Removal Project bid to Wilson Custom Tree of Cresco, Iowa, in the amount of$29,974, and approving the contract, bond and certificate of insurance, and authorize the Mayor to execute said agreement", be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-816. 146680 - Morrissey/Amos that proof of publication of notice of public hearing on a request by the City of Waterloo to vacate approximately 0.56 acres of West 4th Street (former Bridge Street) right-of-way, located adjacent to 501-503 Commercial Street (former Waterloo Courier site), with the retention of a utility easement over, under and upon the entire vacate area, as published in the Waterloo Courier on October 29, 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. 146681 - Morrissey/Amos that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote-Ayes: Six. Motion carried. 146682 - 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 first time. Roll call vote-Ayes: Six. Motion carried. Mr. Schmitt requested an overview. Noel Anderson, Community Planning and Development Director, provided an overview of the vacate and explained that three readings will be appropriate,but is ready to vacate. 146683 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: One. Nays: Five (Jacobs, Klein, Amos, Schmitt, and Juon). Motion failed. RESOLUTIONS 146684 - Amos/Morrissey that"Resolution approving request by Craig E. Penrose for an Encroachment Agreement to allow for a portable shed to extend five (5) feet into a public utility easement, located at ] 125 Englewood Avenue, 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. 2018-817. 146685 - Amos/Morrissey that "Resolution approving a request by the City of Waterloo for the Final Plat of Brock rd Addition, a 3-lot commercial subdivision located northwest of 2010 West Ridgeway Avenue", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-818. 146686 - Amos/Morrissey November 5, 2018 Page 6 that "Resolution approving a request by the City of Waterloo to dedicate 10,575 square feet (0.242 acres) of city owned property as right-of-way that currently serves as West 4th Street, located adjacent to 200 West 4th Street (Five Sullivan Brothers Convention Center)", be adopted. Roll call vote-Ayes: Six. Motion carried. David Dryer, 3145 W. 4th Street, questioned what this item means. Noel Anderson explained that the request is to dedicate this portion of property as right-of-way rather than as real property. Resolution adopted and upon approval by Mayor assigned No. 2018-819. 146687 - Schmitt/Amos that final quantity adjustment for a net increase of$11,422.50 for the FY 2018 Levee Tree Clearing Cedar River, Contract No. 938, be received, placed ori file and approved. Voice vote-Ayes: Six. Motion carried. 146688 - Schmitt/Amos that "Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Vieth Construction Corporation, of Cedar Falls, Iowa, at a total cost of $145,775.50, in conjunction with the FY 2018 Levee Tree Clearing Cedar River, Contract No. 938, and receive and file two (2) year maintenance bond", be adopted. Roll call vote-Ayes: Six. Motion carried. David Dryer, 3145 W. 4th Street, questioned the purpose of the maintenance bond. Jamie Knutson, Interim City Engineer, provided an overview of what is covered in the maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2018-820. 146689 - Schmitt/Amos that "Resolution approving an amendment to the Real Estate Purchase Agreement between John E. and Dessie M. Rottinghaus, to extend the purchase timeline to occur on or before May 31, 2019, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Six. Motion carried. David Dryer, 3145 W. 4th Street, questioned the purpose of the timeline change. Noel Anderson provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2018-821. 146690 - Klein/Schmitt that "Resolution approving a Professional Services Agreement with AECOM, of Waterloo, Iowa, in an amount not to exceed $8,500, in conjunction with the Sunnyside Drainage Improvements, and authorize the Mayor to execute said document", be adopted. Roll call vote-Ayes: Six. Motion carried. Jim Chapman, 224 Bertch, questioned if this has anything to do with Sunnyside South. Jamie Knutson explained the project and stated that it does not have anything to do with Sunnyside South. Mrs. Klein commented that this item and item twelve are a direct result of action taken by the city on the flooding issues. Resolution adopted and upon approval by Mayor assigned No. 2018-822. November 5, 2018 Page 7 146691 - Klein/Schmitt that "Resolution approving a Development Agreement and Minimum Assessment Agreement with GBG, LLC for the construction of a $1,504,820 medical office with a tax rebate amount of 85% for a term of three years and four additional years at 80%, and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Six. Motion carried. Mr. Morrissey requested an overview of the item. Noel Anderson provided an overview of the development. Resolution adopted and upon approval by Mayor assigned No. 2018-823. 146692 - Klein/Schmitt that "Resolution approving Professional Services Agreement with Stanley Consultants, Inc. with a lump sum amount due of$37,500, in conjunction with the Upton Detention Basin Study, and authorize the Mayor to execute said document", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-824. 146693 - Klein/Schmitt that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Benton's Sand and Gravel, Inc. of Cedar Falls, Iowa, at a total cost of$532,608.19, in conjunction with FY 2015 Geraldine Road - Phase 3, Contract No. 871", be adopted. Roll call vote- Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-825. 146694 - Morrissey/Amos that "Resolution approving Amendment No. 3 to the Development Agreement between Central Property Holdings, LLC, to reflect updated ownership in the project, 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. 2018-826. 146695 - Morrissey/Amos that "Resolution supporting advocacy and future legislation to increase state funding for 107 Commercial Service and General Aviation Airports vertical infrastructure, by allocating $16.5 million per year for 10 years to Iowa airports, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Five. Abstain: One (Jacobs due to possible business conflict). Motion carried. David Dryer, 3145 W. 4ffi Street, questioned if Mr. Anderson has been vetted to find out if he can finance this project on his own and if he has the financing in place to keep the project moving forward. Dan Levi, Central Properties, LLC, explained that there is no anticipated change in completing the project. Rodney Anderson, Central Property Holdings, LLC, explained that the ownership transfer has nothing to do with this project, it has to do with the entire company. Resolution adopted and upon approval by Mayor assigned No. 2018-827. 146696 - Morrissey/Amos that "Resolution approving a Right of Way Services Agreement with JCG Land Services, Inc. of Nevada, Iowa, in conjunction with DOT Project STP-A-8155(754)--86-07, for installing a left turn November 5, 2018 Page 8 lane on Ansborough Avenue approach to Downing Avenue, and authorize Mayor to execute said document", be adopted. Roll call vote-Ayes: Six. Motion carried. John Sherbon, 1715 Robin Road, commented that he was very confused by the information presented at the work session. He explained that the traffic at this intersection is very congested and he believes that if the lights could run in both directions at the same time with the arrow allowing people to turn left, the city could save a lot of money. He further stated that he does not believe Tuffy is in agreement with the proposed design changes. Mr. Jacobs requested an overview of the item as he was unable to attend the work session. Sandie Greco, Interim Public Works Director, explained that the goal was to not disrupt Tuffy's business and that both Mohammad and the consultant have spoken with the owner and manager. She further explained that this agenda item is about hiring a consultant to handle the negotiation services and the federal and state work, and it is part of the overall ICAP project, so 80 percent is paid by the ICAP. Resolution adopted and upon approval by Mayor assigned No. 2018-828. ORDINANCES 146697 - Morrissey/Amos 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 second time. Roll call vote-Ayes: Six. Motion carried. Mr. Schmitt questioned if this item has anything to do with fixing the sewer backup issues the city has experienced. Steve Hoambrecker, Waste Management Services Director, explained that the increase will go toward funding and corrective action projects that were outlined previously per the consent decree and that the priority of some of those may change based on the recent issues experienced in September. Mr. Schmitt questioned the last increase amount. Steve Hoambrecker explained that there was a rate increase of 15 percent in July 2015 with discussions that there would be 5 percent increases as the decent decree project was implemented. Mr. Schmitt questioned the amount of this rate increase. Steve Hoambrecker explained that a 5 percent increase will be implemented in January and another 5 percent in July of 2019. Mrs. Klein commented that she is pleased that the city is taking care of sewer back up issues with rate increases but that this does not address storm water run-off problems. Storm water run-off problems need to be addressed in the future. Mr. Jacobs commented that storm-water problems need to be addressed sooner rather than later. Mayor Hart provided an overview of the meetings and studies that have taken place to study problems but that funding is the biggest issue as these are multi-million dollar problems. 146698 - 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. 146699 - Amos/Morrissey November 5, 2018 Page 9 that "an Ordinance amending the City of Waterloo Traffic Code by amending Subsection (22) Linn Street of Section 545, Yield Streets", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Six. Motion carried. Mr. Amos commented that the intersections are in his ward and there have been serious accidents. He requested that council move forward as this is a safety issue. 146700 - 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. 146701 - Amos/Morrissey that "an Ordinance amending the City of Waterloo Traffic Code by amending Subsection (22) Linn Street of Section 545, Yield 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. 5471. ADJOURNMENT 146702 - Morrissey/Jacobs that the Council adjourn at 6:49 p.m. Voice vote-Ayes: Six. Motion carried. Kelley 1,elchl City Clerk J