HomeMy WebLinkAboutMinutes-2/26/2018February 26, 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., 011 Monday, February 26, 2018. Mayor Quentin Hart in the Chair. Roll Call:
Jacobs, Morrissey, Shimp, Klein, Amos, Schmitt, and Juon.
Prayer or Moment of Silence.
Pledge of Allegiance: Jerome Amos, Jr., Ward 4 Councilperson.
146577 - Juon/Schmitt
that the Agenda, as amended by deleting item 13, for the Regular Session on Monday, February 26,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
Mr. Morrissey stated that a vote taken on February 5, 2018, consent agenda item 1.B.4, broke both
the city code and parliamentary rules and should be deemed out of order. He further stated per the
parliamentary rules, the Mayor is to make a decision at this time.
Mayor Hart stated he would not make a decision at this time.
Mr. Morrissey asked for an appeal.
Mayor Hart denied the appeal.
Mr. Morrissey requested that the minutes reflect that his request for an appeal was denied.
146578 - Juon/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, February 19, 2018, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
Bruce W. Kaesser, 106 E. 3rd Street, requested support to eliminate gun violence in the state of Iowa
by increasing the penalty for assailants.
David Dryer, 3145 W. 4th Street, requested an update on the proposed Ridgeway improvements and
if the public will be able to provide input.
Wayne Nathem, 548 Cloverdale, commented that Mr. Kaesser was a victim of gun violence.
Jim Chapman, 224 Bertch, stated that he read in the paper that Hy -Vee on University Avenue is
closing and questioned if it is planned to have any new development in the area.
John Sherbon, 1715 Robin Road, commented that asphalt is all over Ansborough Avenue from
where city staff put down asphalt and questioned if the city could use a different process for patching
holes in pavement.
Charlotte Kinney, 1127 Bourland, spoke about all of the great resources at the Waterloo Public
Library and asked the council to maintain its budget.
Josh Powers, 5721 Blue Sage Road, spoke about comparable homes in Cedar Falls and Waterloo and
questioned what the tax levy rate would be if home values throughout Waterloo were raised by
$40,000.
Mayor Hart requested Mr. Powers contact him on Wednesday.
Mr. Morrissey read a statement regarding the failure of the council to approve the appointment of
John Oehlerich and the use of cell phones in council chambers. He explained his intent to make a
motion at the March 5, 2018 council meeting to rescind the action taken by council on February 5,
2018, regarding item 1.B.4, the recommendation of appointment of John Oehlerich.
Mrs. Klein requested the council respect each other and their individual votes. She further requested
that council give relief from the harassment she is receiving following her vote.
February 26, 2018 Page 2
146579- Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
146580- Juon/Schmitt
that the following items on the consent agenda be received, placed on file and approved:
a. Resolutions to approve the following:
1.
2.
1. Resolution approving Finance Committee Invoice Summary Report, dated February 26,
2018, in the amount of $1,237,285.91 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. 2018-109.
2. Request from Amy O'Brien and Jill Sires for a variance to the Noise Ordinance on September
22, 2018, from 3:00 p.m. to 11:00 p.m. in conjunction with the Rock the Look event, to be
held on Jefferson Street between 5th and 6th Streets, including a band, PA system and the use
of city barricades.
Resolution adopted and upon approval by Mayor assigned No. 2018-110.
b. Motion to approve the following:
a.
b.
c.
d.
e.
a.
b.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Spencer Jensen,
Facilities Specialist
Returning Artwork
Mahwah,
New Jersey
March 7-12,
2018
$1,715
Chris Ferguson, Fire
Marshal
Arson K-9
Recertification
Evansville,
Indiana
June 4-8,
2018
$1,025
Pat Treloar, Fire Chief
Labor -Management
Alliance -
Conference/Workshop
Denver,
Colorado
April 4-6,
2018
$2,100
Paul Huting, Leisure
Services Director
Iowa Park and
Recreation Association
Conference
Coralville,
Iowa
March 26-
29, 2018
$529.60
LeAnn M. Even,
Deputy City Clerk
Iowa Municipal Finance
Officers Association
Spring Conference
Des Moines,
Iowa
April 19-20,
2018
$386
Approved Beer, Liquor, and Wine Applications
Name & Address of Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Hampton Inn, 2034 LaPorte
Road
Special C Liquor
Renewal
1/31/2019
x
Legends Sports Grill, 118
Commercial Street
C Liquor
w/Outdoor Service
Renewal
1/21/2019
x
3. Cigarette/Tobacco Permit New Application for Mama's Kitchen, 4335 Texas Street.
4. Bonds.
Roll call vote -Ayes: Seven. Motion carried.
February 26, 2018 Page 3
PUBLIC HEARINGS
146581 - Schmitt/Amos
that proof of publication of notice of public hearing on General Obligation Bonds - ECP -1 - The
issuance of not to exceed $11,500,000 in General Obligation Bonds for essential corporate purposes,
as published in the Waterloo Courier on February 20, 2018, be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
Michelle Weidner, Chief Financial Officer, provided an overview of the action.
This being the time and place of public hearing, the Mayor called for written and oral comments.
John Sherbon, 1715 Robin Road, questioned why the city is financing vehicles and other smaller
items and commented that the city should use reserves for smaller items.
David Dreyer, 3145 W. 4th Street, questioned if the debt is ever paid off or just refinanced.
146582 - Schmitt/Amos
that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
146583 - Schmitt/Amos
that "Resolution authorizing the issuance of not to exceed $11,500,000 General Obligation Bonds,
and levying a tax for the payment thereof', be adopted. Roll -call vote -Ayes: Seven. Motion
carried.
Mr. Shimp questioned what the new debt service levy would be if the bonds are issued.
Michelle Weidner explained that the debt service levy is still being worked through and it is likely to
be slightly lower than the published rate of 3.09. She also explained that the city's debt is projected
to decline this year and that vehicles and other equipment are paid at an accelerated rate.
Resolution adopted and upon approval by Mayor assigned No. 2018-111.
146584 - Morrissey/Shimp
that proof of publication of notice of public hearing on Adoption of the FY 2019-2023 Capital
Improvements Program for the City of Waterloo, as published in the Waterloo Courier on February
20, 2018, be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
146585 - Morrissey/Shimp
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
146586 - Morrissey/Shimp
that "Resolution adopting the FY 2019-2023 Capital Improvements Program", be adopted. Roll -call
vote -Ayes: Seven. Motion carried.
Mr. Shimp questioned the process for replacing trees for the Ash Tree Removal Program.
Paul Fluting, Leisure Services Director, explained that the tree replacement will be a long term
project and that the majority of the funds requested will be for tree removal.
Mr. Schmitt questioned if the city is using a variety of trees to replace the Ash Trees.
February 26, 2018 Page 4
Paul Huting confirmed and noted that the city participates in a program called Plant Some Shade
with MidAmerican Energy that allows individuals to purchase trees at a reduced price.
Mr. Jacobs requested clarification on the vote and whether the vote is to move forward or actually
approving the individual line items.
Mayor Hart explained the model changes regularly and he would make sure that any updates are
provided to council.
Resolution adopted and upon approval by Mayor assigned No. 2018-112.
146587 - Shimp/Amos
that proof of publication of notice of public hearing on Property Exchange Agreement with the
Waterloo Community School District for the sale and conveyance of city owned property (southern
10 acres of Miriam Park) and acquisition of the fowler Edison School site, as published in the
Waterloo Courier on February 16, 2018, be received and placed on file. Voice vote -Ayes: Seven.
Motion carried.
This being the time and place of' public hearing, the Mayor called for written and oral comments and
there were none.
146588 - Shimp/Amos
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
146589 - Shimp/Amos
that "Resolution approving the Exchange Agreement with the Waterloo Community School District
for the sale and conveyance of City owned property (southerly 10 acres of Miriam Park) and
acquisition of the former Edison School site", be adopted. Roll -call vote -Ayes: Seven. Motion
carried.
Mr. Shimp requested an overview of the item.
Noel Anderson, Community Planning and Development Director, explained the terms of the
agreement.
Resolution adopted and upon approval by Mayor assigned No. 2018-113.
146590 - Schmitt/Amos
that proof of publication of notice of public hearing on Exchange Agreement and Assignment of
Real Estate Contract with L & H Farms, Ltd. for the acquisition of property in Black Hawk County
for exchange of property in the San Marnan TIF District in the amount of $364,117 for 9.54 acres,
and up to $10,000 in closing costs, as published in the Waterloo Courier on February 16, 2018, be
received and placed on file. Voice vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for oral comments.
Noel Anderson provided an overview of the item.
David Dryer, 3145 W. 4th Street, commented that he believes that the city should not pay $38,000
per acre for land and commented that the city continues to purchase land and development is not
coming to the city.
Forest Dillavou, 1725 Huntington Road, commented on land acquisitions, TIF funds and taxes.
146591 - Schmitt/Amos
that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
February 26, 2018 Page 5
146592 - Schmitt/Amos
that "Resolution approving the Exchange Agreement and Assignment of Real Estate Contract with L
& H Farms, Ltd. for the acquisition of 9.54 acres of land in Black Hawk County for the sum of
$364,117, and up to $10,000 in closing costs, in exchange for property in the San Marnan TIF
District", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Mr. Shimp questioned how many more acquisitions will take place this year and when can funds be
disbursed from the San Marnan TIF.
Noel Anderson explained that three to four additional acquisitions will need to be made to move
forward, and that TIF district funds are currently being used to pay the debt service to help keep the
levy down and help pay for public safety .
Mr. Shimp questioned what would happen if the item were voted down.
Noel Anderson explained that the city would be in breach of contract.
Mrs. Klein questioned why council is required to cast vote, when voting no is not an option.
Mark Rollinger, Attorney for L&H Farms, explained the terms of the agreement.
Mrs. Juon questioned the process if the agreement was entered into 8 years ago.
Noel Anderson explained that though the Master Plan was entered into with years ago, a series of
exchange agreements over time are necessary and state code mandates that the city must hold a
hearing each time property is sold though one of these transactions.
Mrs. Klein expressed her frustration with the council agendas and feels some votes are
predetermined leaving no room for opposition.
Mayor Hart commented that he would do everything he could to supply answers to any questions to
make council members feel more comfortable and explained the city's obligation to fulfil the state
code.
Mrs. Klein commented that she does support the item, but objects to an agenda that requires a yes
vote.
Mark Rollinger explained the process of the agreement and the efforts that he and L&H Farms have
made to work within the city's timeline that makes best fiscal sense for the city of Waterloo. He
further explained that council is not bound to a yes vote but in doing so, it shows continued
cooperation to see this agreement to its end.
Mr. Jacobs commented that often times he hears that the city lost a development opportunity because
the city does not have a turnkey lot. He explained that the item is an opportunity to work toward job
creation.
146593 - Jacobs/Juon
To call the question. Roll call -vote: Ayes: Five. Nays: Two (Morrissey and Shimp) Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-114.
RESOLUTIONS
146594 - Morrissey/Amos
that "Resolution approving the Iowa Certified Local Government 2017 Annual Report and authorize
the Mayor and Planning Staff to execute said document", be adopted. Roll call vote -Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-115.
February 26, 2018 Page 6
146595 - Morrissey/Amos
that "Resolution approving Amendment to the Development Agreement with Cardinal Construction
of Waterloo, Iowa, approved August 7, 2017, for the property to be platted as Brock Third Addition,
and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -
Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-116.
146596 - Morrissey/Amos
that "Resolution approving an agreement with the Waterloo Water Works for water main
replacements, in conjunction with FY 2018 Street Reconstruction Program, Contract No. 944, and
authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes:
Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-117.
146597 - Amos/Morrissey
that "Resolution approving an agreement with the Waterloo Water Works for water main
replacements in conjunction with FY 2018 University Avenue Reconstruction Phase I - Greenhill
Road to Evergreen Avenue, Contract No. 933, and authorize the Mayor and City Clerk to execute
said document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-118.
146598 - Amos/Morrissey
that "Resolution approving Facility Plan and the Intended Use Plan application (IUP) for funding
from the State Revolving Fund in conjunction with FY 2019 Sanitary Sewer Gatewell Repairs,
Contract No. 951 and authorize the Mayor to execute said document", be adopted. Roll call vote -
Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-119.
146599 - Amos/Morrissey
that "Resolution affirming support of the State Historic Tax Credit Program", be adopted. Roll call
vote -Ayes: Seven. Motion carried.
David Deeds, 922 Mulberry, provided an overview of the item.
Mr. Morrissey questioned if this item passes, should the resolution include wording that a copy be
sent to State representatives.
146600 - Shimp/Morrissey
To add language that the item be sent to State representatives. Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-120.
ORDINANCES
146601 - Shimp/Morrissey
that "an Ordinance amending the 2008 Traffic Code, Section 549 - Loading Zones, by deleting
subsection (1 la) Northeast side in the 200 block of Prospect Blvd. for 164 feet in front of the School,
with a five (5) minute limit", be received, placed on file, considered and passed for the first time.
Roll call vote -Ayes: Seven. Motion carried.
Sandie Greco, Interim Public Works Director, provided an overview of the ordinance.
February 26, 2018 Page 7
146602 - Shimp/Morrissey
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Seven. Motion carried.
146603 - Shimp/Morrissey
that "an Ordinance amending the 2008 Traffic Code, Section 549 - Loading Zones, by deleting
subsection (1 la) Northeast side in the 200 block of Prospect Blvd. for 164 feet in front of the School,
with a five (5) minute limit", be considered and passed for the second and third times and adopted.
Roll call vote -Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5442.
ADJOURNMENT
146604 - Morrissey/Shimp
that the Council adjourn at 6:39 p.m. Voice vote -Ayes: Seven. Motion carried.
elley Fele
City Clerk
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