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HomeMy WebLinkAboutMinutes-April 22, 2019April 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 Monday, April 22, 2019. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juan. Prayer or Moment of Silence. Pledge of Allegiance: Cub Scout Den 3025 146143 - Juon/Morrissey that the Agenda, as proposed, for the Regular Session on Monday, April 22, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 146144 - Juon/Morrissey that the Minutes, as proposed, for the Regular Session on Monday, April 15, 12019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Proclamation declaring May 2019 as Bike Month. Proclamation declaring April 21-27, 2019 as Arbor Week. Proclamation declaring April 28 - May 5, 2019 as Days of Remembrance. Proclamation declaring April 22-26, 2019 as National Community Development Week. Proclamation declaring May 4, 2019 as Waterloo Downtown Urban Farmers Market Kick -Off Day. Proclamation declaring May 6, 2019 as Historic Preservation Month. Proclamation declaring April 25-28, 2019 as Stand Against Racism Weekend. Recognition of Eugene Smith for 30 years of service. Recognition of Glen Tate for 30 years of service. Recognition of Doug Drinvosky for 30 years of service. ORAL PRESENTATIONS Patricia Patnode, 3665 Inverness Road, addressed the council regarding preserving Sulentic Park as a green space and use for soccer practice. Paul Hutting, Leisure Service Director explained the Leisure Services Board will be discussing the five areas that have been identified as potential development sites at their meeting, May 14, 2019, and that any public comments will be received at the Leisure Services or at the City Clerk's office. Noel Anderson, Community Planning and Development Director, explained that they received direction from the council to review city parks for redevelopment opportunities and will be moving forward with getting input from the community regarding those spaces. Anderson explained the City has received calls with interest in developing four of the properties identified. Mayor Hart explained these are preliminary discussions and that Council member Schmitt is the liaison for the Leisure Services Board. Sam Neil, 514 Kingbard Boulevard, addressed the council regarding the quality of fill used in the right-of-way for this project. Mr. Neil is concerned the fill is too rocky and needs to be replaced before seeding is started. Mayor Hart stated he would speak with Engineering regarding the project. David Dryer, 3145 W. 4th Street, questioned responsibility for repairs to the access road on the north side of San Mannan Drive; if a traffic count was done for this street compared to the streets with pot April 22, 2019 Page 2 holes throughout the city; if city buildings are inspected then why aren't roads being inspected and evaluated for repair in the same fashion; do city employees have job descriptions; city owned properties in the TIF area that city pays county taxes with zero income to the city; and urban renewal bonds in relation to selling city properties for $1.00. Mayor Hart responded assessments are done for city buildings; a study is being done to assess all streets, and city employees have job descriptions. Heidi Footman, Youth Art Team Director, extended an invitation to the neighborhood street party to celebrate the painting of the Trolley Car Bridge mural as a Youth Public Arts Project. Youth artists, Sophie and Vivianna introduced themselves to the council and explained why they felt the project was important to the community. Brendia Isabelle, 526 Ricker Street, addressed the council regarding sidewalk repair concerns. Ms. Isabelle suggested letters need to be clearer, citizens need more time to organize repairs and questioned why property taxes aren't being budgeted for repairing sidewalks. Jaime Knutson, City Engineer, explained the sidewalk program has been in place for 30 years and that every zone has been reviewed three times. Knutson further explained home owners are required by city code to maintain sidewalks abutting their property and state code dictates the time sequence for notification and public hearings for sidewalk repairs. Knutson stated there is nothing in the budget for homeowner assistance and that Community Development funds are not available for repairs. Mayor Hart requested the Engineering Department assist citizens in making arrangements for their repairs. Mayor Hart questioned repair costs for the home owner as opposed the repairs made by the city. Video Presentation by the Community Development Department. Mr. Morrissey commented regarding a Bicycle Bike Swap meet, May 4, 2019 at 616 Jefferson Street, 9-2 and on April 27, 2019 a bicycle trail clean-up and that he is looking for volunteers. Mr. Morrissey also commended the Leisure Services Department on the Trolley Bridge work and their assistance in the project. Mrs. Klein commented regarding a Library event, "What's It Worth" April 27, 2019, 10-2:30. Mrs. Klein explained the event is like the Antique Road Show and that items can be appraised for a $10.00 fee. 146145 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 146146 - Juon/Amos that the following items, with the exception of item #8, on the consent agenda be received, placed on file and approved. Item #8 was removed from the agenda for future consideration. Mayor Hart clarified the item regarding bonds is setting the date of public hearing and that additional meetings will be held to allow for discussion. a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated April 22, 2019, in the amount of $2,205,624.71, 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. 2019-254. April 22, 2019 Page 3 2. Resolution approving Variance to Noise Ordinance request from Ivan Frizell for a family summer fish fry and barbecue to be held at LS Exchange Park shelter on June 29, 2019, from 11:30 a.m. to 11:00 p.m., including a DJ and PA system Resolution adopted and upon approval by Mayor assigned No. 2019-255. 3. Resolution approving cancellation of assessment for property located at 1445 Meadow Lane in the amount of $186.39, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2019-256 4. Resolution approving cancellation of assessment for property located at 916 Denver Street in the amount of $196.11, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2019-257 5. Resolution approving cancellation of assessment for property located at 1221 W. 6th Street in the amount of $197.50, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2019-258. 6. Resolution re -setting date of public hearing as May 6, 2019, in conjunction with the FY 2020 Complaint Mowing with Complaint Snow Removal contract, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-259. 7. Resolution setting date of public hearing as May 6, 2019, to authorize the sale and conveyance of property located west of 3070 West Airline Highway, to Koelker Properties, LLC, in the amount of $1.00, and to approve a Development Agreement and Minimum Assessment Agreement for the development of three (3) industrial buildings within five (5) years, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2019-260. 8. Resolution setting date of public hearing as May 6, 2019, to authorize the sale and conveyance of property located northeast of 2510 Leversee Road, to Prosper Farm Network, LLC, in the amount of $1.00, and to approve a Development Agreement and Minimum Assessment Agreement for the development of a truck wash, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2019-261. 9. Resolution setting a date of public hearing as May 6, 2019, to approve a Hangar and Ground Site Lease Agreement with A -Line ALO, LLC for property located at 2802-2850 Livingston Lane, in the amount of $364.58 per month, for a term ending December 31, 2058, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-262. 10. Resolution approving preliminary plans, specifications, form of contract, etc., and setting the date of bid opening as May 2, 2019 and date of public hearing as May 6, 2019, in conjunction with asbestos abatement services at 2127 E. 4th Street (former St. Mary's Rectory), 1131 Bertch Avenue, 614 W. 7th Street, 623 W. 2nd Street, 322 and 326 Crescent Place, 421 Logan Avenue, 154 Harrison Street and 411 E. 8th Street, and authorize City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2019-263. April 22, 2019 1. 2. Page 4 11. Resolution setting date of public hearing as May 6, 2019 on the proposed issuance of the following bonds and instruct the City Clerk to publish said notice. (a) GCP-2 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) (b) GCP-3 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) (c) GCP-4 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) (d) GCP-5 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) (e) ECP -UR -6 - Not to exceed $3,100,000 General Obligation Urban Renewal Bonds (Essential Corporate Purpose) Resolution adopted and upon approval by Mayor assigned No.s 2019 -264(a -e). b. Motion to approve the following: a. b. c. d. e. g. h. a. b. c. d. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Elizabeth Andrews, Registrar Returning Artwork Goshen, IN May 28-29, 2019 $255 Ben Wagner, Draftsperson Iowa Technology & Geospatial Conference West Des Moines, IA June 18-21, 2019 $855 Officers Herkelman, Ehlers and Bovy Midwest Dogs for Law Enforcement K-9 Workshop Des Moines, IA May 6-10, 2019 $2,080 Michelle Weidner, Chief Financial Officer Iowa Governmental Audits - Local Government Update Webcast May 13, 2019 $220 Michelle Weidner, Chief Financial Officer Iowa Government Roundtable Des Moines, IA May 14, 2019 $505 Julie Dawson, Executive Director; Wanda Hill -Doris, Housing Coordinator; Janet Wessels, Housing Coordinator Iowa National Association of Housing and Rehabilitation Officials 2019 Annual Conference/Training West Des Moines, IA May 14-16, 2019 $2,355 Rick Kirby, Housing Maintenance Boiler Operations Maintenance & Safety Des Moines, IA May 29-31, 2019 $1,450 Troy Luck, Battalion Chief Blue Card -Incident Commander Certification Program Online One year subscription $125 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Anton's Garden, E. 4th at Sycamore Street Special C Liquor w/Outdoor Service New 12/14/2019 x Casey's General Store #2880, 1604 LaPorte Road B Wine / C Beer Renewal 4/18/2020 x Jim's Food, 437 Sullivan Avenue B Wine / C Beer / E Liquor New 4/14/2020 x Panchero's Mexican Grill, 2845 Crossroads Blvd. B Beer w/Outdoor Service Renewal 3/31/2020 x April 22, 2019 Page 5 3. Motion to approve Exception to Burning Yard Waste application for Neil Hammargren to burn 25 acres of native prairie and switch grass north of E. Airline Highway and east of Logan Avenue, between April 19 and April 27, 2019. 4. Motion to approve Exception to Burning Yard Waste application for Orange Elementary School to burn approximately .62 acres of native grass and flowers on the south side of the school property, located at 5805 Kimball Avenue, between April 15 and May 31, 2019. 5. Motion to approve Exception to Burning Yard Waste application for Waterloo Community Schools to burn approximately 1.35 acres of native grass and flowers near the corner of Huntington Road and Katoski Drive, between April 15 and May 10, 2019. 6. Motion to approve Exception to Burning Yard Waste application for Hawkeye Community College to burn approximately eight (8) acres of native prairie grass, between April 23 and May 15, 2019. 7. Bonds. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 146147 - Schmitt/Amos that proof of publication of notice of public hearing on FYE 2019 Budget Amendment, as published in the Waterloo Courier on April 12, 2019, 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. 146148 - Schmitt/Amos that the hearing be closed and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146149 - Schmitt/Amos that a "Resolution approving FYE 2019 Budget Amendment", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Schmitt asked for overview of the amendment. Michelle Weidner, Chief Financial Officer, reviewed major causes for the amendments to the budget. Resolution adopted and upon approval by Mayor assigned No. 2019-265. 146150 - Morrissey/Amos that proof of publication of notice of public hearing on the purchase of one (1) 2019 Skid -Steer Loader, as published in the Waterloo Courier on April 8, 2019, 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. 146151 - Morrissey/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146152 - Morrissey/Amos that a "Resolution confirming approval of plans, specifications, bid documents, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-266. April 22, 2019 Page 6 146153 - Morrissey/Amos that a"Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-267. 146154 - Morrissey/Amos Motion to receive and file and instruct City Clerk to read bids and refer to Public Works Manager for review. Estimate: $75,000 Bidder Bid Amount Bobcat of Cedar Falls Cedar Falls, IA $69,379.97 Ziegler Postville, IA $79,000.00 Altorfer, Inc. Cedar Rapids, IA No Bid - Could Not Meet Specifications Murphy Tractor and Equipment Waterloo, IA $63,990.00 Voice vote -Ayes: Seven. Motion carried. 146155 - Feuss/Morrissey that proof of publication of notice of public hearing on FY 2019 Sidewalk Inspection and Repair Program - Zone 9, as published in the Waterloo Courier on April 12 and 19, 2019, 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. Pamala Byrd Jordan, 300 Lester Street, addressed the council with her concerns regarding the time allowance for sidewalk repairs and repair criteria. Mayor Hart asked that the Engineering personnel meet with Ms. Jordan to address her concems. Camarion Campbell, 2837 E. 4th Street, addressed the council with her concerns regarding the time allowance for sidewalk repairs and repair criteria. Ms. Campbell suggested providing a letter a year or six (6) months prior to assessment, to provide sufficient time for residents to fund and make arrangements for repairs, and asked that her sidewalks be re -inspected. Mr. Amos suggested some of the repairs are a matter of cleaning the sidewalks first and then asking for a re -inspection to determine actual repairs. 146156 - Feuss/Amos that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146157 - Feuss/Morrissey that a "Resolution authorizing proposed repairs to sidewalk", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-268. 146158 - Feuss/Morrissey April 22, 2019 Page 7 that "Resolution adopting Proposed Resolution of Necessity, as proposed or amended", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-269. RESOLUTIONS 146159 - Klein/Amos that a "Resolution approving award of bid to Lodge Construction, Inc., of Clarksville, Iowa, in the amount of $399,254.78, and approving contract, bonds and certificate of insurance, in conjunction with the FY 2019 Sidewalk Repair Program - Zone 9, Contract No. 969, 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. 2019-270. 146160 - Klein/Amos That a "Resolution approving support of opposition to the FAA recommended consolidation of the Terminal Radar and Control Radar Services, from the FAA owned Waterloo Air Traffic Control Tower, to the Des Moines International Airport, and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Keith Kaspari, Airport Director and Nick Bird, Air Traffic Manager, explained opposition to FAA recommendations to consolidate Terminal Radar and Control Radar Services with the Des Moines Airport and the absence of any cost savings to the City. Mr. Feuss noted representative Finkenauer's office in Waterloo is opening April 26, 2019 which would allow council members the opportunity to speak with her regarding this issue. Mr. Morrissey asked for stronger language opposing the FAA's recommendations to consolidate Terminal Radar and Control Radar Services with the Des Moines Airport. Nick Bird explained the consolidation will not affect safety but that it would affect efficiency. Resolution adopted and upon approval by Mayor assigned No. 2019-271. 146161 - Klein/Amos that "Resolution approving support of the proposal for Downtown Waterloo to receive the Iowa Cultural and Entertainment District designation", be adopted. Roll call vote -Ayes: Seven. Motion carried. Noel Anderson, Community Planning and Development Director, reviewed the Cultural and Entertainment District and Great Places designations. Resolution adopted and upon approval by Mayor assigned No. 2019-272. 146162 - Klein/Amos that "Resolution approving support of the proposal for the Cedar Valley to receive the Great Places designation", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-273. 146163 - Schmitt/Amos that "Resolution approving an Early Access Agreement with Koelker Properties, LLC, to allow for access to city owned parcels before conveyance, for survey and earth moving work for the development of three industrial buildings within five (5) years, generally located west of 3070 West Airline Highway, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. April 22, 2019 Page 8 David Dryer, 3145 W. 4th Street, questioned insurance coverage in allowing early access. Noel Anderson, Community Planning and Development Director responded that the Development Agreement includes an indemnity clause precluding the city from any responsibility for accidents. Resolution adopted and upon approval by Mayor assigned No. 2019-274. 146164 - Schmitt/Amos that a "Resolution approving accepting certain deeds to sell real property to the City of Waterloo, for the partial acquisition of right-of-way and temporary easement from Realty Income Properties 31, LLC, in the amount of $3,070.07 ($2,509.15 fee title acquisition; $560.92 temporary easement), generally located adjacent to 1850 Logan Avenue, in addition not to exceed $50 in recording fees", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned the need for purchasing additional property considering the current properties owned by the city. Noel Anderson, Community Planning and Development Director explained the property owner changed their LLC name and this action is to complete the paperwork for that and additional right- of-way for that project. Mr. Anderson also explained that if the city gains revenue through farm leases they do pay county taxes, but that the rental revenues on those leases offsets the tax expense. Resolution adopted and upon approval by Mayor assigned No. 2019-275. 146165 - Schmitt/Amos that a "Resolution approving Construction Plans for paving, sanitary sewer, and storm sewer serving Magnolia Hills, as submitted by Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, and Sewage Treatment Agreement DNR Four 29 (Nov 00) with the Department of Natural Resources and the final acceptance of construction plans subject to the review and acceptance by the Department of Natural Resources, and authorize the Mayor to execute said agreement", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-276. 146166 - Morrissey/Amos that a "Resolution approving construction plans for the 2018 Orange Road Entrance Improvements Project for Hawkeye Community College, as submitted by AECOM, of Waterloo, Iowa", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-277. 146167 - Morrissey/Amos that a "Resolution approving a Professional Services Agreement with Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, in an amount not to exceed $13,800, in conjunction with the Airline Highway Sanitary Sewer Extension, 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. 2019-278. 146168 - Morrissey/Amos that a "Resolution approving a Professional Services Agreement with Strand Associates, of Madison, Wisconsin, in the amount of $80,000 to provide design services for the Preliminary Design Bio -Gas Project, and authorize the Mayor and City Clerk to execute said document", be adopted. Mr. Morrissey expressed his concern regarding the lack of information in relation to expense vs. revenues and asked to postpone the item for a council work session in May. April 22, 2019 Page 9 Mrs. Juon stated she would support another work session agreeing the revenue stream pertaining to this project was uncertain. Steve Hoambrecker, Waster Management Services Director, explained the measures and information offered to the council to explain the revenue sources associated with this project. Mr. Hoambrecker explained this measure is to provide 10-15% of the design aspect of the project to determine if the project is feasible. Mrs. Klein asked that the item go forward as she is eager to reduce the pollution created currently by the city burning off the gases and potentially capturing the revenue created by the gases. Mr. Morrissey explained he feels he doesn't have enough information to vote on the design aspect of the project let alone the project itself. Mr. Morrissey requested a statement be obtained from the Chief Financial Officer regarding the matter. Mayor Hart discussed having the consultants available for a council work session sometime in May. 146169 - Morrissey/Juon that a "Resolution approving a Professional Services Agreement with Strand Associates, of Madison, Wisconsin, in the amount of $80,000 to provide design services for the Preliminary Design Bio -Gas Project, and authorizing the Mayor and City Clerk to execute said document", be postponed for discussion at a council work session. Roll call vote -Ayes: Four. Nays: Klein, Schmitt, Jacobs. Motion carried. OTHER COUNCIL BUSINESS 146170 - Amos/Morrissey that Change Order No.1 in the amount of $6,465, to Cardinal Construction, of Waterloo, Iowa, in conjunction with the Riverfront Stadium Group Seating Project, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. Paul Hutting, Leisure Services Director, explained a serving area is to be constructed with 70% of the cost being born by the team owners. ADJOURNMENT 146171 - Juon/Morrissey that the Council adjourn at 7:26 p.m. Voice vote -Ayes: Seven. Motion carried. Le M. Even\ Deputy City Clerk