HomeMy WebLinkAboutMinutes-January 28, 2019January 28, 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., 011 Monday, January 28, 2019. Mayor Quentin Hart in the Chair. Roll Call:
Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon.
Prayer or Moment of Silence.
Pledge of Allegiance:
145781 - Juon/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, January 28, 2019 at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
145782 - Juon/Schmitt
that the Minutes, as proposed, for the Regular Session on Tuesday, January 22, 2019 at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
Mr. Schmitt reminded the audience there will be an open forum for citizen input regarding the
Riverside Skate Park design workshop at the Sportsplex on January 29th, 6-7:30 p.m.
Mr. Morrissey commended the City employees on their efforts to clear the streets of snow and
updated the council regarding discussions by the State Legislature to take away City's zoning rights
with fireworks. Mr. Morrissey encouraged the Council and listeners to contact their legislators to
oppose advancement of any bills that would restrict local control of zoning matters.
145783 - Juon/Amos
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
145784 - 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 January 28, 2019
in the amount of $1,079,076.46, 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. 2019-41
2. Resolution approving the request of Nathan Westemeier for tax exemptions on the
construction of a new garage valued at $36,000 for the property located at 1208 Englewood
Avenue and located within the Consolidated Urban Revitalization Area (CURA).
Resolution adopted and upon approval by Mayor assigned No. 2019-42
3. Resolution approving the request of William P. Guelner for tax exemptions on the
construction of a new garage valued at $22,300 for the property located at 1325 Leavitt Street
and located within the Consolidated Urban Revitalization Area (CURA).
Resolution adopted and upon approval by Mayor assigned No. 2019-43
4. Resolution approving the request of Kathyrn F. Grimm for tax exemptions on the
construction of a new single family home valued at $333,000 for property located at 3813
Trent Lane, and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2019-44
January 28, 2019 Page 2
1.
5. Resolution approving the request of Ross Bauer for tax exemptions on the construction of a
new single family home valued at $435,412 for property located at 128 Kestrel Circle, and
located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2019-45
6. Resolution setting a date of public hearing as February 11, 2019 for the request by Michael
Maloney to rezone 1.55 acres from "R-1" One and Two Family Residence District to "C-2"
Commercial District to allow for use of the property as a landscaping business including the
construction of a 60 foot x 72 foot pole building with office space for the relocation of an
existing landscaping business located at 45 East Airline Highway, and instruct City Clerk to
publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-46
7. Resolution approving Order Accepting Acknowledgment/Settlement Agreement and check in
the amount of $300 to Kwik Stop #3, 1104 Washington Street, Waterloo, Iowa, for sale of
tobacco to minor -first offense.
Resolution adopted and upon approval by Mayor assigned No. 2019-47
b. Motion to approve the following:
a.
b.
c.
d.
e.
f.
a.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Nine (9) WFR
Lieutenants
Blue Card -Incident
Commander
Certification Program
Online
One year
subscription
access
$3,465
Sgt. Erie & Inv.
Gergen
International Law
Enforcement Educators
and Trainers Association
Training Conference
St. Louis,
MO
March 18-
23, 2019
$1,515
Sarah Kempen, Storm
Water Specialist
Iowa Storm Water
Education Program -
Iowa Certified Installer
of Pollution Prevention
Practices
Waterloo,
IA
February 7,
2019
$150
Rudy Jones,
Community
Development Director
2019 Washington D.C.
Coalition Trip
Washington,
D.C.
April 24 -
May 1,
2019
$1,920
Keith Kaspari,
Director of Aviation
Spring 2019, Meeting of
the Iowa Public Airports
Association
Sioux City,
IA
April 16-18,
2019
$400
Joe Reiter, Firefighter
Drone Codes Test - FFA
Hawkeye
Community
College
December
7, 2018
$150
Approved Beer, Liquor, and Wine Applications
Name & Address of Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
The Comfort Zone, 213 E.
5th Street
C Liquor
X
1/17/2020
Yes
Roll call vote -Ayes: Seven. Motion carried.
RESOLUTIONS
145785 - Schmitt/Amos
January 28, 2019 Page 3
that "Resolution approving an Encroachment Agreement with American Steel, LLC to allow for the
installation of a 12 foot 6 inch long metal I-beam that is 6 feet 6 inches in height with custom
fabricated lettering to encroach within a 16 foot utility easement and 3 feet 6 inches into the city
right-of-way at 735 Ansborough Avenue, 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. 2019-48
145786 - Schmitt/Amos
that "Resolution approving an Encroachment Agreement with US Bank to install a 6 square foot no
parking sign, with a 1.85 square feet US Bank Logo, that extends approximately 10 feet into the
public right-of-way, located at 425 Cedar Street, 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. 2019-49
145787 - Schmitt/Amos
that "Resolution approving an Easement Agreement with BCS Properties, LLC to dedicate an
additional 10 foot utility easement to allow for the extension of utilities adjacent to Foundation
Drive, a new street to be constructed north of West Ridgeway Avenue and east of Highway 63, and
authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes:
Six. Nay: One (Klein). Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-50
Mrs. Klein questioned regarding plans for a gas station at the Foundation Drive property. Mrs. Klein
commented regarding her concerns with inversion atmosphere conditions, and storm water drainage
pollution issues in this area.
Noel Anderson, Community Planning Director, responded the developer will need to adhere to all
DNR and City regulations for all construction.
Mrs. Klein questioned the closing of the Highway 63 Diner and if that had anything to do with these
types of problems.
Noel Anderson responded they would need to review any historical data regarding this business
closing, but that he was not aware of any concerns with that site and that storm water drainage plans
would need to accompany construction.
Mrs. Klein stated she was skeptical of our storm water plans as surrounding properties have been
developed and the farmer in this area has more flooding each year.
Mrs. Juon questions if these plans will be brought back to the council when those plots are
developed.
Noel Anderson explained zoning allows for the proposed construction but all construction plans are
reviewed by Planning, Engineering and Fire departments.
Mayor Hart questioned if all cities have storm water plans or policies.
Jamie Knutson, City Engineer, explained every city has base requirements and policies for managing
storm water.
145788 - Morrissey/Amos
that "Resolution approving Acquisition Contract with Vozuca, LLC, to acquire land on Sheuuan
Avenue and Esther Street in the amount of $2,400, and authorize Mayor and City Clerk to execute
all said document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-51
January 28, 2019 Page 4
145789 - Morrissey/Amos
that "Resolution approving application for R.I.S.E. funding for local development for a new roadway
off of Leversee Road, and approve the Memorandum of Understanding with INRCOG for the
writing, preparation, and submission of said grant, 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. 2019-52
145790 - Morrissey/Amos
that "Resolution accepting Warranty Deed from BCS Properties, LLC and dedicating 2,180 square
feet (0.05 acres) as city owned right-of-way, located at the northwest corner of West Ridgeway
Avenue and Foundation Drive", be adopted. Roll call vote -Ayes: Six. Nays: One (Klein). Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-53
145791 - Amos/Morrissey
that "Resolution approving an Amendment to a Development Agreement with Residential
Development Partners, LLC, Black Hawk Contracting and Development Co., GMJ2 Industries,
LLC, and Lincoln Savings Bank, to change construction timelines and parties involved moving
forward, 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. 2019-54
145792 - Amos/Morrissey
that "Resolution approving an Amendment to Development Agreement with Black Hawk
Contracting & Development Co., changing the project construction timeline and adding the 657A
Infill Policy incentive for the property located at 7th and Lafayette Street, and authorize the Mayor
and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried.
David Dryer, 3145 W. 4th Street questioned the incentive.
Noel Anderson, Community Planning and Development Director, explained the city policy for sale
of 57A properties 657A to an incentive awarding a property owner $5,000 upon completion of
repairs and acquiring a certificate of occupancy for their infill investment.
Mr. Schmitt requested an overview of the development agreement with Residential Development
Partners.
Noel Anderson explained Residential Development Partners, John Rooff and Jim Ellis, had
separated. The city was continuing the agreement with John Rooff and Lincoln Savings Bank who
have assumed ownership of some of the Land owned by Mr. Ellis, for work at Baltimore Field,
Williston Field, Lafayette School and land near Burton Avenue as a site for potential new residential
housing.
Mrs. Klein questioned what obligations the new partner assumes for Mr. Ellis leaving.
Noel Anderson responded it would depend upon the language of the development agreement with
the city but in this case Lincoln Savings Bank is assuming the responsibilities of Ellis to move
forward with the construction.
Mr. Morrissey questioned the deadlines for this project.
Noel Anderson explained Mr. Rooff was continuing to work using the Iowa Workforce Housing Tax
credit initiative, which established timelines within the next two construction periods for completion.
Mr. Morrissey questioned if this project conforms to neighboring housing.
January 28, 2019
Noel Anderson responded there are design requirements which remain the same.
Resolution adopted and upon approval by Mayor assigned No. 2019-55
145793 - Amos/Morrissey
Page 5
that "Resolution approving Anti -Heroin COPS grant money as a sub -recipient from the Governor's
Office of Drug Control Policy, in the amount of $6,111, with no matching funds required, to provide
overtime funds to assist in mid and high level heroin investigations, and authorize the Mayor and
Chief of Police to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-56
145794 - Juon/Amos
that "Resolution approving an Ambulance Services Agreement with UnityPoint at Home dba
UnityPoint Hospice for ambulance services, and authorize the Mayor to execute said document", be
adopted. Roll call vote -Ayes: Seven. Motion carried.
John Sherbon, 1715 Robin Road, questioned taking on more ambulance business if the city is short
employees.
Pat Treloar, Fire Chief, explained this is updating an existing contract and that the city does not
provide a lot of hospice related services.
Resolution adopted and upon approval by Mayor assigned No. 2019-57
145795 - Juon/Amos
that "Resolution approving the Otto Schoitz Foundation grant application in the amount of $100,000
in conjunction with the Waterloo Skatepark Project", be adopted. Roll call vote -Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-58
145796 - Juon/Amos
that "Resolution approving a Professional Services Agreement with AECOM for Design and
Construction Administration and Inspection Services associated with a FY -2019 IDOT-funded list of
projects at the Waterloo Regional Airport in the amount of $17,600, 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. 2019-59
145797 - Schmitt/Amos
that "motion approving Final Quantity Summary for a net increase of $32,567.23 in conjunction with
the FY 2018 Asphalt Overlay Program, Contract No. 943, and authorize the Mayor and City Clerk to
execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried.
145798 - Schmitt/Amos
that "Resolution approving completion of project and recommendation of acceptance of work for
work performed by Aspro, Inc. of Waterloo, Iowa, in the amount of $1,364,550.81, in conjunction
with the FY 2018 Asphalt Overlay Program, Contract No. 943, and receive and file a two-year
maintenance bond", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-60
ORDINANCES
145799 - Klein/Amos
January 28, 2019 Page 6
that "an Ordinance amending the City of Waterloo Code of Ordinances by adding new Subsections
C, D & E to Title 8, Chapter 4, Section 7, Establishment of Stormwater User Fees", be received,
placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried.
Jim Wallace, 2002 Ashland Ave., explained that some parts of Waterloo, such as Cushman Heights,
lack sanitary sewer or storm water infrastructure and have unimproved streets in, therefore they are
paying for services they are not receiving and feels Cushman Heights should be exempt from those
charges.
David Dryer, 3145 W. 4th Street, questioned proposed project timelines, engineering/design fees and
EPA compliance issues, how much of the budget has gone towards manpower and equipment
compared to engineering and design fees, and how much money will be generated by raising fees to
offset costs for future projects.
John Sherbon, 1715 Robin Road, questioned if the city has discussed storm water fees with local
business owners.
Jamie Knutson, City Engineer, explained the storm water fee program, how the fees are used, and
the storm water system in Cushman Heights. Businesses were not contacted individually. These
fees are the only ones other than bonding to pay for stormwater projects. Construction most likely
will not begin until 2020.
Mr. Morrissey questioned why residents without stormwater infrastructure have to pay the fee but
those without sewer services do not have to pay the sewer fees. He commented that it has been
decades since infrastructure systems have been worked on in these areas. He requested that the
council postpone the item to another work session or make these individuals exempt from paying the
stormwater fee.
Mr. Jacobs stated that he agrees with Mr. Morrissey. He believes these individuals should not have
to pay the stormwater fees if they are not connected to the system.
Jamie Knutson reviewed language of current ordinance. He explained that once water leaves private
property it becomes the city's responsibility to manage the water. In order to provide an exemption
council would need to decide how to define who receives the benefit.
Mayor Hart commented that the city made a commitment to people to solve their flooding and water
run-off problems. These fees will help address those problems.
Mr. Schmitt commented that he agrees with Mr. Morrissey and wants to have further conversations
as he is not convinced this fee is going to fix the problem.
Mr. Feuss commented that the city cannot continue to kick the can down the road and that the
increase in fees will help create solutions.
Mrs. Juon commented that the stormwater system is more than just pipes in the ground.
Mr. Jacobs questioned if the city requires a drainage system to be installed on new projects.
Jamie Knutson explained that new projects are required to install curb and gutter unless it is a private
system.
Mrs. Klein commented that flood victims begged to get these problems fixed and that the city should
take steps now to fix the problems.
Mr. Morrissey commented that he is against people paying additional fees.
Jamie Knutson explained that the ordinance is for a fee only. The stormwater program ordinance
would need to be changed in order to provide an exemption.
145800 - Klein/Amos
January 28, 2019 Page 7
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.
145801 - Amos/Morrissey
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 second time. Roll call
vote -Ayes: Seven. Motion carried.
145802 - Amos/Morrissey
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, Juon,
and Schmitt). Motion failed.
ADJOURNMENT
145803 - Morrissey/Amos
that the Council adjourn at 6:50 p.m. Voice vote -Ayes: Seven. Motion carried.
1►
LeArin M. Even
Deputy City Clerk