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