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HomeMy WebLinkAboutMinutes-January 22, 2019January 22, 2019 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 Tuesday, January 22, 2019. Mayor Pro Tem Sharon Juon in the Chair. Roll Call: Morrissey, Feuss, Klein, Amos, Schmitt, and Juon. Mr. Jacobs arrived at 5:33 p.m. Prayer or Moment of Silence. Pledge of Allegiance: Chris Youngblut, Director of Technology 145766 - Schmitt/Feuss that the Agenda, as proposed, for the Regular Session on Tuesday, January 22, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. 145767 - Schmitt/Feuss that the Minutes, as proposed, for the Regular Session on Monday, January 14, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, commented that his neighbor on Williston contacted him about problems she had getting her water line repaired when she had a leak in the line. He explained that the individual incurred extra cost in having her water line repaired. He requested that the city council vote to pay the difference in the extra cost of her bill. Mr. Jacobs arrived at 5:33 p.m. Mr. Morrissey commented that he would like an update on what is happening with the city's contract with the Buxton Company. He stated that the city pays $50,000 annually and that they were to have regular updates. Noel Anderson, Community Planning and Development Director, explained that Buxton has provided annual updates and his staff does have regular communication with the company. He agreed to arrange an update for council. Mr. Schmitt commented that the Alliance has provided quarterly updates as part of that relationship and questioned how much longer the contract would be in effect. Noel Anderson explained there is approximately one year left in the contract. Mr. Morrissey commented that some people are wondering what can be done to attract businesses to Waterloo rather than having them leave Waterloo and commented that it would be great to have marketing to announce new businesses arriving to the community. He stated that another concern is about parking in downtown Waterloo and wondered when solutions will be presented to the public. He shared that Ervin Sabic received second place in the Keep Iowa Beautiful photography contest. Mrs. Klein assured everyone in Waterloo that everyone on the council thinks of Waterloo as a whole community not just where the Ward boundaries rest. Mr. Schmitt commented that an article in the Courier talked about Cedar Falls spending CIP funds in their infrastructure and questioned if the city is talking with Cedar Falls about their plant and what the status is of the regional waste treatment facility. Steve Hoambrecker, Waste Management Director, explained that the study for integrating the sewage systems of various surrounding cities with Waterloo is now complete and discussions on how this might be implemented continue. Mrs. Juon questioned if Cedar Falls may be investing funds in their CIP in the event the project is not regionalized. Doug Schindel, AECOM, explained that though the cities are all discussing regionalization, there is no guarantee it will actually happen, therefore each city is still responsible for responding to the DNR's requirement for permits. January 22, 2019 145768 - Schmitt/Amos Page 2 that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 145769 - Schmitt/Amos that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. 1. Resolution approving Finance Committee Invoice Summary Report, dated January 22, 2019, in the amount of $2,849,480.95, 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. 2019-30. 2. Resolution approving Order accepting Acknowledgment/Settlement Agreement and check in the amount of $300 from Casey's, 51 E. Tower Park Drive, Waterloo, Iowa for sale of tobacco to minor -first offense. Resolution adopted and upon approval by Mayor assigned No. 2019-31. 3. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as February 14, 2019 and date of public hearing as February 18, 2019 for the FY 2019 Bridge Repairs - Dubuque Road over Blowers Creek and Greenhill Road over Trolley Car Trail, Contract No. 959, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-32. 4. Resolution setting a date of public hearing as February 4, 2019 for a request by Wade Fleming to rezone 4.79 acres from "R-3" Multiple Residence District and "C-2" Commercial District to "C-2" Commercial District located north of 1685 Independence Avenue, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-33. 5. Resolution setting date of public hearing as February 4, 2019 to approve an amendment to the City of Waterloo Zoning Ordinance No. 5079 regulating the sale of fireworks, and authorize the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-34. 6. Resolution approving cancellation of assessment for 636 Hickory Street, in the amount of $1,564 for repairs to the service line, 1016 Forest Avenue, in the amount of $63.85 ($53.35 Sewer and $10.50 Garbage), and 1526 Byron Avenue, in the amount of $233.95 ($112.93 Sewer, $21.81 Storm and $99.21 garbage) and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2019-35. b. Motion to approve the following: a. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Mayor Quentin Hart Cedar Valley Coalition Washington, D.C. April 29 - May 1, 2019 $1,850 January 22, 2019 2. a. b. c. d. e. Page 3 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Cedar Valley Fish Market, 218 Division Street B Beer Renewal 1/25/20 Liquor and Tobacco Outlet, 2844 University Avenue B Wine / C Beer / E Liquor Renewal 1/31/20 x Veteran's of Foreign Wars Club Post 1623, 1406 Commercial Street A Liquor w/Outdoor Service Renewal 1/14/20 x XO Food & Liquor, 428 Franklin Street E Liquor Renewal 12/14/19 x XO Food & Liquor, 428 Franklin Street B Wine / C Beer Renewal 12/14/19 x 3. Cigarette/Tobacco Petinit New Application for Romantix Adult Emporium, 1507 N. LaPorte Road. Roll call vote -Ayes: Six. Abstain: One (Jacobs on items 2.d and 2e. due to possible business conflict). Motion carried. RESOLUTIONS 145770 - Morrissey/Amos that "Resolution approving a grant application to the Wellmark Foundation in the amount of $100,000 in conjunction with the Waterloo Skate Park Project", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-36. 145771 - Morrissey/Amos that "Resolution approving the Iowa Certified Local Government 2018 Annual Report and authorize the Mayor and Planning Staff to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Ed Ottison, Historic Preservation Commission, provided an overview of the annual report. Resolution adopted and upon approval by Mayor assigned No. 2019-37. 145772 - Morrissey/Amos that "Resolution approving a Development Agreement and Minimum Assessment Agreement with Cedar Valley Real Estate, LLC for the redevelopment of a mixed use building located at 300-304 Commercial Street, with a tax rebate amount of 70% for a term of fifteen years and a grant of $300,000, with a minimum assessment of $1,300,000, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. John Sherbon, 1715 Robin Road, requested clarification on the incentives and financial reward for the item. Noel Anderson provided a breakdown of the rebates, net taxes and amount that would go into the TIF and commented that at fifteen years the $300,000 grant will be paid back. Forrest Dillavou, 1725 Huntington Road commented that because this project is in the Downtown TIF, that the money will never pay for police and fire expenses. He encouraged council to find a better way to take care of the people paying the taxes, as incentives like this help the rich get richer and the poor get poorer. Mr. Morrissey asked that the developer provide an overview of the project. January 22, 2019 Page 4 Dan Cooley and Kade Hoppenworth, Cedar Valley Real Estate, LLC, explained their interest in the property, planned investment, and anticipated increase in new jobs with the development. Mr. Schmitt questioned if the $300,000 grant is unusual to offer in development agreements. Noel Anderson explained the reasoning behind allocating the $300,000 grant is to help incentivize the development. Mr. Morrissey questioned if financing has been secured for the project. Noel Anderson explained that the developer has gone through an intensive process with the State of Iowa for Brownfield/Grayfield tax credits and that the CFO will be reviewing all of the financial data prior to releasing grant funds. Mr. Jacobs questioned if there is enough parking downtown for the project. Noel Anderson explained that the project has both on and off street parking available and listed other parking projects that are planned for around the location. Dan Cooley stated that they have 27 off street parking stalls. Mrs. Klein questioned if taxes were collected while the building was vacant. Noel Anderson explained that to his knowledge, taxes had not fallen behind. Resolution adopted and upon approval by Mayor assigned No. 2019-38. 145773 - Klein/Amos that "Resolution approving request for Release of Reversionary Rights pertaining to a Development Agreement with LG Companies, LLC, for the construction of one new single-family home located at 1935 Rainbow Drive, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned what Release of Reversionary Rights means. Noel Anderson provided an overview of the term. Resolution adopted and upon approval by Mayor assigned No. 2019-39. 145774 - KleiniAmos that "Resolution approving Design Guidelines for Historic Buildings created by the Historic Preservation Commission", be adopted. Roll call vote -Ayes: Seven. Motion carried. Noel Anderson explained that the guidelines are put together for people to follow when they are altering or rehabilitating homes that have been deemed historic. Mr. Schmitt asked which neighborhoods are being discussed today. Noel Anderson stated that it is just the Highland neighborhood. Mr. Morrissey questioned if the guidelines would impact homeowners in potential neighborhoods being designated. Noel Anderson explained that in the past the city has looked at neighborhoods and the historic conditions to determine if they need a historic designation, and said that Highland was designated because the neighbors in Highland wanted that. He further explained that the city could do a local historic designation if enough homeowners did not want to participate in the designation set out by the National Register of Historic Places. Mr. Morrissey using Church Row as an example, questioned if a neighborhood was to develop a specific area within the boundaries of a historic district, would the guidelines demand that a certain January 22, 2019 Page 5 percent of the people approve the designation for the boundaries, and if approved, would everyone within the boundaries have to go by the guidelines even if they weren't an eligible Home just because they fall within the boundaries. Noel Anderson explained that it is possible to set a local historic designation for the City of Waterloo, separate from the National Register. He further explained that an ordinance would need to be adopted to set the percentage of participation, and that all renovations within the designated neighborhood would need to be reviewed by the Historic Preservation Commission to determine whether or not it is a participating property. Mr. Jacobs questioned if the guidelines are a requirement and enforceable. Noel Anderson explained how the guidelines will work. Ed Ottisen explained that the guidelines are based on the ones used by the National Register of Historic Places. The guidelines only apply to homes that are locally designated. Mr. Schmitt questioned if decimated properties would also be considered for renovation. Ed Ottisen explained that each property would need to be considered individually. Mr. Schmitt questioned if these guidelines will create complications for landlords. Ed Ottisen explained that it would be something landlords need take into consideration. Mrs. Juon questioned if the commission seeks out new properties for historic designation. Ed Ottisen explained that currently, interest is determined by way of survey. Mr. Morrissey used the example of 519 E. 3rd Street, which was granted historic tax credits and was presumably beyond restoration, and commented how remarkable the plans are to restore that property to historical standards. Noel Anderson explained that the guidelines for approval tonight would only apply for properties currently designated as historic, such as Highland Neighborhood. David Dryer, 3145 W. 4th Street, commented that too many guidelines create barriers for people trying to fix up their properties. Resolution adopted and upon approval by Mayor assigned No. 2019-40. ORDINANCES 145775 - Amos/Morrissey that "an Ordinance approving a request to vacate a 7,500 square foot portion of Bluff Street right-of- way, located between West 13th and 14th Streets, subject to the retention of a utility easement over a portion of the area to be vacated", be received, placed on file, considered and passed for the third time and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5478. 145776 - Schmitt/Amos that "an Ordinance approving a request by the City of Waterloo to vacate a 65,490 square foot portion of Airline Highway west of 3070 W. Airline Highway", be considered and passed for the time and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5479. 145777 - Morrissey/Amos January 22, 2019 Page 6 that "an Ordinance amending the City of Waterloo Code of Ordinances by repealing Title Three, Chapter Four, Article A Pawnbrokers, and replacing it with a new Title Three, Chapter Four, Article A Pawnbrokers", be received, placed on file, considered and passed for the first time. Roll call vote - Ayes: Seven. Motion carried. Major Joe Leibold provided an overview of the ordinance and the inclusion of a transaction fee. Mr. Schmitt questioned if all pawn brokers are in support of this change. Major Leibold confirmed that all locally owned stores have been involved in the drafting and development of the ordinance language. Mrs. Klein commented she had just one email complaining about the transaction fee and asked how much that fee is. Major Leibold stated the transaction fee is .50 cents. Mr. Jacobs questioned the inspection process laid out in the ordinance. Major Leibold explained the inspection process. 145778 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Zero. Nays: Seven (Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon). Motion failed. OTHER COUNCIL BUSINESS 145779 - Amos/Morrissey that Change Order No. 1, in the amount of $39,237.42 in conjunction with the Waterloo Waste Water Treatment Plant Equalization Basin Overflow Line, Contract No. 880, and authorize the Mayor and City Clerk to execute said document, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. Steve Hoambrecker, Waste Management Director, provided an overview of the change order. ADJOURNMENT 145780 - Schmitt/Jacobs that the Council adjourn at 6:33 p.m. Voice vote -Ayes: seven. Motion carried. Kelley Fele City Clerk