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HomeMy WebLinkAboutMinutes-06 /24/2019June 24, 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, June 24, 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: 146456 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, June 24, 2019 at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 146457 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, June 17, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS David Dryer, 3145 W. 4th Street, requested an update on All in Grocers, the lawsuit with LK Waterloo, and commented that he has concerns that the city is selling older vehicles with low mileage. Todd Obadal, 124 Amity Drive, commented that he submitted a public records request for all communications required by the consent decree but did not receive anything indicating the EPA was notified and does not believe he received everything he should have. Mr. Morrissey commented that he is hoping there will be another work session on truck embargos and rules of procedure. He shared that he was sad to see that Steve Mager passed away. Mr. Mager was a positive influence in Waterloo. 146458 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 146459 - 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 June 24, 2019 in the amount of $5,218,298.25 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. 2019-466. 2. Resolution approving request from John Deere Waterloo Operations to hold its annual 5K run on Saturday, August 24, 2019 from 7:00 a.m. to 10:00 a.m., starting and finishing at the John Deere Tractor & Engine Museum, located at 500 Westfield Avenue, with barricades at Westfield Avenue and W. Commercial Street, Westfield Avenue and Fletcher Avenue, River Road/W. Jefferson Street and W. Commercial Street, and W. Jefferson Street and Westfield Avenue. Resolution adopted and upon approval by Mayor assigned No. 2019-467. 3. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $61,000, for property acquisitions in the MidPort area. June 24, 2019 Page 2 Resolution adopted and upon approval by Mayor assigned No. 2019-468. 4. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds, in an amount not to exceed $3,200, for right-of-way acquisitions and easements located in the East Waterloo Unified Urban Renewal Tax Increment Financing District in the Logan area. Resolution adopted and upon approval by Mayor assigned No. 2019-469. 5. Resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $98,200, for design services for Newell Street improvements in the Northeast Industrial Site area. Resolution adopted and upon approval by Mayor assigned No. 2019-470. Resolution adopted and upon approval by Mayor assigned No. 2019 7. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $13,800, for Airline Highway Sanitary Sewer design in the MidPort area. Resolution adopted and upon approval by Mayor assigned No. 2019-471. 8. Resolution authorizing the fund transfers outlined below to comply with state law: TO FROM AMOUNT PURPOSE General Fund Trust & Agency Fund $5,679,796.08 Employee benefits General Fund Trust & Agency Fund $634,150.80 Emergency levy Debt Service Fund Tax Increment Financing Fund $3,352,337.76 TIF share of General Obligation principal and Interest Debt Service Fund Sewer Fund $3,080,117.76 Sewer share of General Obligation principal and interest Debt Service Fund Iowa Reinvestment District Fund $129,504.11 Reimburse Debt Service Fund for reinvestment grant funds received planned to be used to pay principal 1 2017C bond issue General Fund Tax Increment Financing Fund $40,000.00 Reimburse General Fund for service provided by Main Street General Fund Tax Increment Financing Fund $109,370.16 Reimburse General Fund for administrative expenses provided fo TIF projects General Fund Tax Increment Financing Fund $24,250.00 Reimburse General Fund for service provided by the Greater Cedar Valle Alliance Capital Projects Fund Tax Increment Financing Fund $558,241.58 San Marnan Ansborough Avenue improvements Capital rojects Fund Tax Increment Financing Fund $890.99 San Marnan administrative expense Capital Projects Fund Tax Increment Financing Fund $285,362.00 Northeast Site property acquisitions Capital Projects Fund Tax Increment Financing Fund $30,306.20 Northeast Site Newell Street improvements Capital Projects Fund Tax Increment Financing Fund $15,901.47 Northeast Site land development expenses (surveying, wetlands delineation) June 24, 2019 Page 3 Capital Projects Fund Tax Increment Financing Fund $98,333.50 Northeast Site sanitary sewer construction Capital Projects Fund Tax Increment Financing fund $109,755.55 Northeast Site grading project Capital Projects Fund Tax Increment Financing Fund $427.00 Northeast Site administrative expert Capital Projects Fund Tax Increment Financing Fund $42,161.85 Martin Road sanitary sewer easeme acquisition Capital Projects Fund Tax Increment Financing Fund $572,733.51 Martin Road sanitary sewer and wat main construction Capital Projects Fund Tax Increment Financing Fund $30,000.00 Rath property acquisition Capital Projects Fund Tax Increment Financing Fund $966.00 Rath administrative expenses Capital Projects Fund Tax Increment Financing Fund $89,974.00 East Waterloo Unified - MidPort property acquisitions Capital Projects Fund Tax Increment Financing Fund $117,065.11 East Waterloo Unified - MidPort Leversee area development project Capital Projects Fund Tax Increment Financing Fund $27,368.74 East Waterloo Unified - MldPort Wagner Road sanitary sewer extens: and grading Capital Projects Fund Tax Increment Financing Fund $4,221.00 East Waterloo Unified - MidPort Airline Highway sanitary sewer extension Capital Projects Fund Tax Increment Financing Fund $18,321.99 East Waterloo Unified - MidPort lar development expenses (surveying, platting and Letter of Map Revision Capital Projects Fund Tax Increment Financing Fund $10,185.00 East Waterloo Unified - MidPort administrative expenses Capital Projects Fund Tax Increment Financing Fund $109,952.00 East Waterloo Unified - Logan KW development consulting expense Capital Projects Fund Tax increment Financing Fund $11,951.12 East Waterloo Unified - Logan Historical Survey Capital Projects Fund Tax increment Financing Fund $18,046.10 East Waterloo Unified - Logan Via Rail Yard Public Safety Improveme Capital Improvements Fund Tax Increment Financing Fund $1,000,210.00 East Waterloo Unified - Logan Nort Crossing property acquisition Capital Projects Fund Tax Increment Financing Fund $5,560.77 East Waterloo Unified - Logan prop acquisition Capital Projects Fund Tax Increment Financing fund $50,000.00 East Waterloo Unified - Logan consulting services Capital Projects Fund Tax Increment Financing Fund $150,000.00 East Waterloo Unified - Logan All-] Grocers development incentive payment Capital Projects Fund Tax Increment Financing Fund $2,289.70 East Waterloo Unified - Logan administrative expenses Capital Projects Fund Tax Increment Financing Fund $630.67 Downtown Single Speed project Capital Projects Fund Tax Increment Financing Fund $150,000.00 Downtown Cedar Valley Real Estat development incentive payment Resolution adopted and upon approval by Mayor assigned No. 2019-472. 9. Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $78,000 for the year ending June 30, 2019 to finance administrative expenses and the contract with Main Street Waterloo. Resolution adopted and upon approval by Mayor assigned No. 2019-473. June 24, 2019 Page 4 10. Resolution approving the use of East Waterloo Unified (Logan Area) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $15,000 for the year ending June 30, 2019 to finance administrative expenses. Resolution adopted and upon approval by Mayor assigned No. 2019-474. 11. Resolution approving the use of Martin Road Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $12,000 for the year ending June 30, 2019 to finance administrative expenses. Resolution adopted and upon approval by Mayor assigned No. 2019-475. 12. Resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $42,000 for the year ending June 30, 2019 to finance administrative expenses and the contract with Grow Cedar Valley (formerly the Greater Cedar Valley Alliance). Resolution adopted and upon approval by Mayor assigned No. 2019-476. 13. Resolution approving the use of Rath Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $12,000 for the year ending June 30, 2019 to finance administrative expenses. Resolution adopted and upon approval by Mayor assigned No. 2019-477. 14. Resolution approving the use of San Marnan Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $35,000 for the year ending June 30, 2019 to finance administrative expenses and the contract with Grow Cedar Valley (formerly the Greater Cedar Valley Alliance). Resolution adopted and upon approval by Mayor assigned No. 2019-478. 15. Resolution approving the use of East Waterloo Unified (Midport) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $59,000 for the year ending June 30, 2019 to finance administrative expenses and the contract with Grow Cedar Valley (formerly the Greater Cedar Valley Alliance). Resolution adopted and upon approval by Mayor assigned No. 2019-479. 16. Resolution setting date of public hearing as July 15, 2019, to authorize the sale and conveyance of property located east of 1994 Newell Street, to OFI Properties, LLC, (Con- Trol), in the amount of $1.00, and to approve a Development Agreement with grant funds and tax rebates, and Minimum Assessment Agreement, for the development of a 203,953 square foot building, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2019-480. 17. Resolution setting date of public hearing as July 8, 2019 to approve the request by DGOGWaterlooia10032018 LLC (Dollar General) of West Plains, Missouri, for a Site Plan Amendment to the "C -P" Planned Commercial District to allow for the construction of a 9,100 square foot Dollar General retail store located northeast of the Martin Luther King, Jr. Drive and Idaho Street Intersection, instructing the City Clerk to publish notice, and rescinding Ordinance No. 5496 in its entirety. Resolution adopted and upon approval by Mayor assigned No. 2019-481. 18. Resolution setting date of public hearing as July 8, 2019 to approve the request by DGOGWaterlooial 0032018, LLC, (Dollar General) of West Plains, Missouri, to vacate 1.47 acres of City right-of-way located northeast of the Martin Luther King, Jr. Drive and Idaho Street Intersection, instructing the City Clerk to publish notice, and rescinding Ordinance No. 5497 in its entirety. Resolution adopted and upon approval by Mayor assigned No. 2019-482. June 24, 2019 1. 2. b. Motion to approve the following: a. b. c. a. b. c. d. e. f. g. Page 5 Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Lt. Bose and Sgt. Richter SWAT Command Decision Making and Leadership I School Ames, IA July 22-26, 2019 $2,375 Lt. Duncan Advanced Polygraph School Cape Coral, FL July 21-27, 2019 $2,915 Airport Maintenance/ARFF Staff Airport Wildlife Training Waterloo Regional Airport July 12, 2019 $500 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday The American Legion, 728 Commercial Street C Liquor w/Outdoor Service Renewal 6/14/2020 x Benevolent & Protective Order of Elks #290, 407 E. Park Avenue C Liquor w/Outdoor Service and Catering Renewal 6/30/2020 x Black Hawk Tennis Club, 1005 Black Hawk Road B Beer w/Outdoor Service Renewal 5/31/2020 x Dollar General Store #7136, 66 E. Tower Park Drive B Wine / C Beer Renewal 2/29/2020 x Metro Fuel #4, 2332 Falls Avenue C Beer / E Liquor Renewal 6/30/2020 x Old Skool Lounge, 120 Sumner Street C Liquor w/Outdoor Service Renewal 7/5/2020 x Yesway Store #10022, 1976 Franklin Street C Beer / E Liquor Renewal 7/12/2020 x 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Rosalyn Middleton MET Transit Board June 30, 2022 Re -Appointment Arlene Humble Airport Board June 30, 2022 Re -Appointment Motion approving Cigarette/Tobacco Permit renewal applications as listed in Exhibit A. Bonds. Roll call vote -Ayes: Seven. Motion carried. 146460 - Schmitt/Feuss Resolution approving use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds, in an amount not to exceed $500,000, for an economic development grant to Central Property Holdings, LLC to develop a grocery store located in the Logan area. Roll call vote -Ayes: Six. Abstain: One (Jacobs due to business reasons). Motion carried. Mr. Schmitt commented that he received several questions over the weekend about the project and requested an overview. June 24, 2019 Page 6 Michelle Weidner, Chief Financial Officer, explained that this action is formalizing the funding mechanism that council approved several months ago and instead of using the general fund or bond money, the project will be funded through TIF. Resolution adopted and upon approval by Mayor assigned No. 2019-483. RESOLUTIONS 146461- Juon/Feuss that "Resolution approving a 2.5 percent salary increase for non -bargaining employees, effective July 1, 2019", be adopted. Roll call vote -Ayes: Six. Nays: One (Schmitt). Motion carried. Mr. Schmitt questioned who was in the room for negotiating bargaining contracts. Lance Dunn, Human Resources Director, explained that there is no bargaining for this particular item, since it addresses non -bargaining employees. He further explained that the intent was to eliminate wage compression and since most bargaining employees received at least a 2.5 percent increase, if the non -bargaining employees do not receive the same increase, it can create a wage compression issue. Mr. Schmitt commented that the changes at the state level for bargaining employees hasn't really changed anything at this point and he would like to see job reviews and other ways to be more efficient and control spending. He further commented that he is disappointed that the city is dipping into ATE revenue. Lance Dunn explained that council would be receiving a proposed salary schedule and performance appraisals. Mr. Morrissey commented that last year, the proposed salary increase for non -bargaining employees was reduced from 2.5% and created compression issues. Now that the bargaining contracts are approved the bargaining employees need to receive the recommended pay increase. Mrs. Juon commented that the city has great non -bargaining staff and wants to treat them equitably to the union. Mrs. Klein commented on the imbalance that has happened over time in the government union contract process and that the action of state legislature was to help correct that. Mayor Hart commented that the change at the state level separated public safety union employees from the rest of the bargaining employees. He stated that this created gaps in departments among employees. Mr. Morrissey commented that bargaining was delayed due to not having a full council. Resolution adopted and upon approval by Mayor assigned No. 2019-484. 146462 - Juon/Feuss that "Resolution approving partial release of $241,049 in net revenue earned from automated traffic enforcement cameras to be used in the FYE2020 budget", be adopted. Roll call vote -Ayes: Six. Nays: One (Schmitt). Motion carried. David Dryer, 3145 W. 4th Street, commented on the city's use of funds and that if these monies are going to be used for staffing, that should have been planned for in the budgeting process. Michelle Weidner, Chief Financial Officer, explained that it was requested to place this item on the agenda to fund a gap in the budget and approve staffing that was already approved. Forrest Dillavou, 1715 Huntington Road, explained that he does not believe that the funds should be used to cover a gap in the budget and should be used for tax relief. June 24, 2019 Page 7 Todd Obadal, 124 Amity Drive, questioned if the budget shortfall is for FY2019 or FY2020 and if FY2020, does it need to be done right now or could the action take place in FY2020 with further discussion of the purpose of the camera revenue. Michelle Weidner confirmed the funds are for FY2020 and explained the reason it is on the agenda at this time. Mrs. Klein commented that she is disappointed that the city is dipping into the funds but does not want to see layoffs and other repercussion that may follow if the request is not approved, and will therefore support it. Mr. Feuss commented that he hopes that the proposed amount is the high point and that departments will be looking for cost savings to help control costs. Mr. Jacobs commented that it is difficult when setting a budget that you do not know where the contracts will settle and there were increases in health insurance. He explained that the city has to react to unforeseen changes. Resolution adopted and upon approval by Mayor assigned No. 2019-485. 146463- Juon/Feuss that "Resolution approving renewal of general, automobile, public official's errors & omissions, law enforcement and employment practices liability coverage with Travelers Insurance; excess liability coverage with Allied World; umbrella liability coverage with Brit, and property insurance coverage with Chubb, for a total premium of $1,680,461, with recommendation of approval from the Insurance Committee", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-486. 146464 - Schmitt/Amos that "Resolution approving an agreement between the Waterloo Regional Airport and Livingston Aviation, Inc., for a five (5) year Non -Signatory Air Cargo -Only Aircraft Landing Fee Agreement, for the period July 1, 2019 through June 30, 2024, 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. 2019-487. 146465 - Schmitt/Amos that "Resolution approving Supplemental Agreement No. 1 to a Lease Agreement with the Federal Aviation Administration, extending the teitu to lease the general office and storage space located in the Airline Passenger Terminal Building, effective July 1, 2019 through June 30, 2020, 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. 2019-488. 146466 - Schmitt/Amos that "Resolution approving an Acquisition Contract with Cedar Valley Tech Works, Inc., in the amount of $1.00, to acquire 2,725 square feet of right-of-way and 582 square feet of temporary easement for the Jefferson Street and Commercial Street Streetscape Improvements Project, located on Lot 4 and Tract G of TechWorks Addition, between Westfield Avenue and Commercial Street, and authorize the Mayor to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-489. 146467 - Morrissey/Amos that "Resolution approving an Acquisition Contract with Metropolitan Transit Authority, in the amount of $4,970.80, to acquire 1,140 square feet of right-of-way and 1,027 square feet of June 24, 2019 Page 8 temporary easement for the Jefferson Street and Commercial Street Streetscape Improvements Project, located on Lot 28 of Auditor's Falls Avenue and Mullan Avenue Plat, between Westfield Avenue and W. Mullan Avenue, and authorize the Mayor to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-490. 146468 - Morrissey/Amos that "Resolution approving the payment to Grow Cedar Valley (formerly Greater Cedar Valley Alliance) in the amount of $60,750, 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. 2019-491. 146469 - Morrissey/Amos that "Resolution approving an Amendment to a Development Agreement between CJE Properties, Green Development, and the City of Waterloo, Iowa, changing the completion date of homes to be renovated, and deeding back a lot to the City of Waterloo that was not used for new construction, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote - Ayes: Seven. Motion carried. Noel Anderson provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2019-492. 146470 - Klein/Amos that "Resolution approving an Early Access Agreement with Professional Lawn Care, LLC, of Waterloo, Iowa, to allow earth -moving activities in preparation of development of the site north of 3488 Wagner Road, 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, commented that he believes that early access agreements seem to have a poor track record and questioned the city continuing to enter into them. Resolution adopted and upon approval by Mayor assigned No. 2019-493. 146471 - Klein/Amos that "Resolution approving an Affidavit for release of property sale for an approved project in the Development Agreement with Residential Development Partners, LLC, and authorize the Community Planning and Development Director to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-494. 146472 - Klein/Amos that "Resolution approving Amendment No. 1 to the Professional Services Agreement with Ritland+Kuiper Landscape Architects for final design documents and construction related services for Jefferson and Commercial Streets (River Road to 3rd Street) in Downtown Waterloo, 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. 2019-495. ORDINANCES 146473 - Amos/Feuss June 24, 2019 Page 9 that "an Ordinance amending the Traffic Code by adding Subsection (18a) Casper Avenue to Section 553, No Parking Here to Corner - Casper Avenue from Upland Drive - east side of Casper Avenue in a southerly direction", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven. Motion carried. 146474 - Amos/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Five. Nays: Two (Klein and Schmitt). Motion failed. OTHER COUNCIL BUSINESS 146475 - Schmitt/Feuss that a motion approving denial of a Recycling Yard License application for Kevin's Auto & Truck, 953 Fulton Street, expiration April 30, 2019, for failure to provide a bond and failure to allow access for a site inspection, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 146476 - Schmitt/Feuss that a motion approving denial of a Recycling Yard License application for Litzkow Auto Recyclers, 1720 Black Hawk Road, expiration April 30, 2019, for failure to provide a bond, application fee, and access for a site inspection, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. Council had a number of questions about the businesses, the current application process and what the next steps would be if denial is approved. Noel Anderson provided some background and explained that Mr. Litzkow has been in the community for a number of years and operates both sites, and that this is not the first time he has failed to meet the annual renewal deadline. He further explained that if the motion to deny is approved, a letter will be sent to Mr. Litzkow notifying him that he is in violation of the city code of ordinance and has 30 days to respond. If there is a continued failure to comply, legal action will be taken. He stated that staff does however, try to work with the businesses to meet the requirements before any legal action would be taken. Council questioned if the ordinance could be changed to include a penalty fee for failure to renew in a timely manner. Noel Anderson confirmed he would work to put those changes together for council review and approval. ADJOURNMENT 146477 - Feuss/Klein that the Council adjourn at 6:28 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Fel City Clerk