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HomeMy WebLinkAboutMinutes-11/18/2019November 18, 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, November 18, 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: Randy Bennett, Public Works Division Manager 157073 - Juon/Schmitt that the Agenda, as amended, Item #17 changing the dollar amount from $214,000 to $215,000, for the Regular Session on Monday, November 18, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 157074 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, November 12, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS Dan Trelka, Police Chief and Black Hawk County Supervisor, 173 Graceline, commented on the work police officers are having to undertake to help people in the community with mental health problems. He stated that the lack of state funding for mental health services is having an impact on prisons, families, and communities throughout the state. He asked that the City of Waterloo pass a similar resolution asking the state to take the mental health crisis seriously. Faiza Farooqui, 315 Fletcher Avenue, explained that he has had difficulty with city zoning and building departments. He explained that his building burned down, he got a permit to rebuild the business, and has now been told that he has violated zoning regulations. Noel Anderson, Community Planning and Development Director, commented that a date of hearing will be set by council next week for a decision on an exception to the zoning ordinance. David Dryer, 3145 W. 4th Street, commented on CLURA and CURA tax exemptions listed on the consent agenda. John Sherbon, 1715 Robin Road, commented on the building owned by Mr. Farooqui. He commented that he believes that he and friends have gotten building permits and it seems like there is always some sort of snag with getting a permit approved. He questioned if people know what zoning regulations apply when a building permit is pulled. Mr. Morrissey commented on the need for mental health services in the community and asked that the council take up a similar resolution to the county. Mrs. Kline questioned if Mr. Farooqui is able to continue operating his business while the zoning question is unsettled. Noel Anderson explained that the business is open at this time. Mr. Schmitt commented that on social media there is apparently a letter was sent to the Mayor and City Council regarding a state audit about 10 days ago, and questioned if anyone had seen the letter as he has not. Michelle Weidner, Chief Financial Officer, explained that she did receive a letter last week and forwarded it to the Mayor's office but she did not make multiple copies. She further explained the content of the letter. 157075 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. November 18, 2019 CONSENT AGENDA 157076 - Juon/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: Page 2 1. Resolution approving Finance Committee Invoice Summary Report, dated November 18, 2019, in the amount of $2,011,141.28, 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. 2019-861. 2. Resolution approving cancellation of assessments for properties listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2019-862. 3. Resolution approving the request of William Simo for tax exemptions on the construction of a single family home valued at $167,000, for property located at 1025 Vermont Street, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-863. 4. Resolution approving the request of Kyle Den Hartog for tax exemptions on the construction of a new single family home valued at $358,881, for property located at 1436 Audubon Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-864. 5. Resolution approving the request of Cynthia Huffman for tax exemptions on the construction of a new single family home valued at $325,000, for property located at 184 Belle Street, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-865. 6. Resolution approving the request of Robert and Jacqueline Buckley for tax exemptions on the construction of a duplex valued at $395,000, for property located at 3814 Trent Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-866. 7. Resolution approving the request of Charles & Karin Rowe for tax exemptions on the construction of a single family home valued at $326,682 for property located at 1272 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-867. 8. Resolution approving the request of Ryan & Jennifer Murphy for tax exemptions on the construction of a single family home valued at $300,000, for property located at 1256 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-868. 9. Resolution approving the request of Ryan & Lisa Bennett for tax exemptions on the construction of a single family home valued at $448,019, for property located at 1106 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-869. November 18, 2019 Page 3 10. Resolution approving the request of Matrasa Maae for tax exemptions on the construction of a single family home valued at $285,411, for property located at 1255 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-870. 11. Resolution approving the request of Justin & Amy Reuter for tax exemptions on the construction of a single family home valued at $419,151, for property located at 1722 Waxwing Way, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-871. 12. Resolution approving the request of 3 Little Lambs, LLC for tax exemptions on the construction of a storage building valued at $450,000, for property located at 1825 Black Hawk Street, and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2019-872. 13. Resolution approving the request of Laura Teague for tax exemptions on the construction of home improvements valued at $35,000, for property located at 521 E. Dale Street, and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2019-873. 14. Resolution approving the request of Mike Summerhays for tax exemptions on the construction of a garage valued at $21,500, for property located at 238 Baltimore Street, and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2019-874. 15. Resolution approving the request of Quality Properties for tax exemptions on the construction of home improvements valued at $50,000, for property located at 1104 Vine Street, and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2019-875. 16. Resolution approving the request of Roosevelt and Linda Johnson for tax exemptions on the construction of home improvements valued at $70,000, for property located at 1225 Beech Street, and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2019-876. and instruct City Clerk to publish notice. 18. Resolution setting date of public hearing as November 25, 2019 to approve an amendment to the East Waterloo Unified Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan and other general updates to the Plan, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-877. 19. Resolution setting date of public hearing as November 25, 2019 to approve an amendment to the Martin Road Development Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-878. 20. Resolution setting date of public hearing as November 25, 2019 to approve an amendment to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to update projects November 18, 2019 1. 2. Page 4 and project budgets to be included in the Plan, and other general updates to the Plan, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-879. 21. Resolution setting date of public hearing as November 25, 2019 to approve an amendment to the Rath Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan and other general updates to the Plan, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-880. 22. Resolution setting date of public hearing as November 25, 2019 to approve an amendment to the East Waterloo Unified Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan and other general updates to the Plan, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-881. 23. Resolution approving specifications, bid document, etc., and setting date of bid opening as Thursday, December 5, 2019 and date of public hearing as Monday, December 9, 2019, for the purchase of one (1) new 2020 3/4 Ton, 4WD, Crew Cab Truck with 6.75 inch box, 160 inch wheel base, and gasoline only, for the Street Department, and instructing the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2019-882. b. Motion to approve the following: a. b. a. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Dave Boesen, Council Member Elect and Jonathan Grieder, Council Member Elect 2019-2020 Municipal Leadership Academy Iowa City and Hiawatha, IA December 7, 2019 and April 4, 2020 $380 Bob Stanley, Combination Inspector 2017 National Electrical Code Update Class Cedar Falls, IA December 4, 2019 $179 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Five Sullivan Brothers Convention Center, 200 W. 4th Street C Liquor Renewal 4/30/2020 x Roll call vote -Ayes: Seven. Motion carried. 157077 - Morrissey/Feuss Resolution setting date of public hearing as November 25, 2019 to approve an amendment to the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan and other general updates to the Plan, and instruct City Clerk to publish notice. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-883. November 18, 2019 Page 5 Mr. Morrissey questioned why the date of hearing is being reset for these items and commented there is no way to determine when the projects started, finished, etc. He asked that in the future, the projects have a beginning date and completion date. Noel Anderson provided an explanation for the hearing date change, and explained that state code requires urban renewal plans be updated for each TIF district as projects are added. He also detailed where the updates can be located in the council communication and noted that future updates will be more clearly identified. PUBLIC HEARINGS 157078 - Schmitt/Amos that proof of publication of notice of public hearing on FY 2019 Young Arena Roof Replacement Project, Contract No. 998, as published in the Waterloo Courier on October 30, 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. 157079 - Schmitt/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157080 - Schmitt/Amos that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-884. 157081 - Schmitt/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-885. 157082 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids and refer to Leisure Services Director for review. Estimate: $102,000 Bidder Bid Security Bid Amount Base:$146,000.00 T&K Roofing & Sheet50�o Alt 1:$146,000.00 Metal Co. Ely, IA Alt 2:$ 5,500.00 Alt 3:$ 5,500.00 Base:$ 129,360.00 Don Gardner Construction 5% Alt 1:$134,400.00 Waterloo, IA Alt 2:$ 13,145.00 Alt 3:$ 13,940.00 Voice vote -Ayes: Seven. Motion carried. 157083 - Morrissey/Feuss that proof of publication of notice of public hearing on a request by Warren Transport Inc., for a Site Plan Amendment to the "B -P" Business Park District to allow for the construction of a new 39,600 square foot trucking facility, located east of 3121 Greyhound Drive, as published in the Waterloo Courier on November 8, 2019, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. November 18, 2019 Page 6 This being the time and place of public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4th Street, commented on clauses in the agreement and encouraged the city to put penalties for failing to meet construction completion deadlines. Forest Dillavou, 1725 Huntington Road, commented that he believes that this is in the former greyhound site and expressed concern regarding the filling taking place at the site. He stated that he believes the army corps needs to be contacted as the filling is damaging the levy. Mike Youngblut, Deer Creek Development, commented that the property was purchased by Deer Creek Development, not given by the City and that the filling that is happening has been approved. 157084 - Morrissey/Feuss that the hearing be closed and oral comments and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 157085 - Morrissey/Feuss that "an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by Warren Transport Inc., for a Site Plan Amendment to the "B -P" Business Park District to allow for the construction of a new 39,600 square foot trucking facility, located east of 3121 Greyhound Drive", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Noel Anderson provided an overview of the item. Mr. Morrissey commented that his understanding is to bring in fill to bring it out of the flood plain. He expressed concern about Black Hawk Creek flooding and questioned where the water is going to go once the project is complete. Noel Anderson addressed questions about the flood plain and explained that floodways exist around the project that are designed to hold water during high water events. Mr. Morrissey commented on the quality of the maps. Scott Fuller and Scott Pollitt, Warren Transport, commented on the truck routes that will be used for construction. Mrs. Kline commented that she has been going door to door for the last three and a half weeks to learn of neighborhood concerns. Mr. Hoffman of Hoffman Farms shared he has no concerns of impact regarding the Warren Transport project. Scott Pollitt commented that most of the ground at the project site will be able to absorb the water, and they will not be paving the entire area so it should not negatively affect the floodways or floodplain. 157086 - Morrissey/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 157087 - Morrissey/Feuss that "an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by Warren Transport Inc., for a Site Plan Amendment to the "B -P" Business Park District to allow for the construction of a new 39,600 square foot trucking facility, located east of 3121 Greyhound Drive", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. November 18, 2019 Ordinance adopted and upon approval by Mayor assigned No. 5527. 157088 - Amos/Feuss Page 7 that proof of publication of notice of public hearing on a request by Stanley Hood to vacate two (2) eight foot utility easements along the north and west property lines at 118 Longview Drive, as published in the Waterloo Courier on November 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. 157089 - Amos/Feuss that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 157090 - Amos/Feuss that "an ordinance approving a request by Stanley Hood to vacate two (2) eight foot utility easements along the north and west property lines at 118 Longview Drive", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 157091 - 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 (Kline and Schmitt). Motion failed. Mayor Hart commented that the public hearings for the five Amendments to the Urban Renewal and Redevelopment Plan, were cancelled and rescheduled for November 25, 2019. RESOLUTIONS 157092 - Feuss/Amos that "Resolution approving a Business Financial Assistance Application for tax credits through the Iowa Economic Development Authority, with a local match commitment through TIF incentives for the expansion of Warren Transport, Inc., located near the corner of Titan Trail and Athens Drive, and authorizing 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. Mr. Morrissey questioned the minimum salary. Scott Fuller explained that the minimum would be $18.49 per hour but they hope to exceed that. Resolution adopted and upon approval by Mayor assigned No. 2019-886. 157093 - Feuss/Amos that "Resolution concurring with the determination of the Community Planning and Development Director that the proposed change to the approved site plan within a "C -P" Planned Commercial District for a new grocery store to change the location of part of the vehicular use area, located at 221-225 Franklin Street, is minor and shall be approved as a Minor Site Plan Amendment", be adopted. Roll call vote -Ayes: Six. Abstain: One (Jacobs due to business reasons). Motion carried. David Dryer, 3145 W. 4th Street, questioned when the community will see progress on the project. Noel Anderson provided an update on the project. Resolution adopted and upon approval by Mayor assigned No. 2019-887. November 18, 2019 157094 - Feuss/Amos Page 8 that "Resolution approving award of contract to Henkel Construction Company of Mason City, Iowa, in the amount of $218,300, and approving the contract, bonds and certificate of insurance, in conjunction with the Waterloo Five Sullivan Brothers Kitchen Plumbing Improvements Project, and authorizing 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. 2019-888. 157095 - Kline/Amos that "Resolution approving a Development and Minimum Assessment Agreement with Warren Transport, Inc., for the construction of a 32,500 square foot facility within the Marin Road Development Plan area, with a tax rebate amount of 85 percent for a term of eleven years and 35 percent for year twelve, with a minimum assessment of $3,500,000, and authorizing 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 the necessity of the incentives offered for the project and other construction projects in the community. Noel Anderson commented on the incentives provided in the Development and Minimum Assessment Agreement. Mr. Morrissey questioned how the years of rebates are determined. Noel Anderson commented that the city has economic development policies that determine how percentages of incentives are awarded. Mayor Hart commented that cities that provide incentives are competitive with other communities. Noel Anderson commented that it is competitive, as other cities will have higher upfront costs because they buy a lot of land, do the platting, put in infrastructure etc. whereas the City of Waterloo partners with private developers that do the upfront costs and the City offers rebates at the tail end when the project is actually commencing. It's a safer route for distributing incentives. Mr. Jacobs commented that Noel Anderson has done a great job in working with Deer Creek Development and that the community will see tax benefits immediately. Resolution adopted and upon approval by Mayor assigned No. 2019-889. 157096 - Kline/Amos that "Resolution approving award of bid to J.F. Brennan Company, Inc., of La Crosse, Wisconsin, in the amount of $388,350, and approving the contract, bonds and certificate of insurance, in conjunction with the FY 2020 Cedar River Bladder Dam Repairs, Contract No. 996, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Jamie Knutson, City Engineer, provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2019-890. 157097 - Kline/Amos that "Resolution approving completion of project and recommendation of acceptance of work for work performed by Cedar Valley Corp., LLC, of Waterloo, Iowa, at a total cost of $6,240,037.45, in conjunction with FY 2014 Kimball Avenue Transportation Improvements, Contract No. 843", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-891. 157098 - Schmitt/Amos November 18, 2019 Page 9 that "Resolution approving a Professional Services Agreement with Strand Associates Inc., of Madison, Wisconsin, in an amount not to exceed $170,000, in conjunction with design and construction related services for the Wastewater Treatment Plant Digester No. 3 Cover Repairs, and authorizing the Mayor to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-892. 157099 - Schmitt/Amos that "Resolution approving a Professional Services Agreement with AECOM Technical Services Inc., of Waterloo, Iowa, in an amount not to exceed $215,000, for construction related services, in conjunction with the Sanitary Sewer Improvement Phase IVA CIP Pipelining Design, and authorizing the Mayor to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-893. 157100 - Schmitt/Amos that "Resolution authorizing an exception to the City of Waterloo's Purchasing Procedures Policy to approve the purchase of a Mixed Liquid Recycle Pump from Electric Pump, of Des Moines, Iowa, in the amount of $129,763.80", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-894. 157101 - Morrissey/Amos that "Resolution authorizing an exception to the City of Waterloo's Purchasing Procedures Policy to approve the purchase of one (1) 2018 (demo) HAMM AG HD10VV Tandem Roller, in the amount of $35,860, from Murphy Tractor and Equipment Company of Waterloo, Iowa", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned if this purchase is within the Public Works department budget and why an exemption is needed to the policy. Randy Bennett, Pubic Works Division Manager, provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2019-895. 157102 - Morrissey/Amos that "Resolution approving a five (5) year Master and Retainer Agreement with AECOM Technical Services, Inc., for Airport Engineering and Consulting Services, for projects funded by the Federal Aviation Administration at the Waterloo Regional Airport for Fiscal Years 2020 thru 2024, and authorizing 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. 2019-896. 157103 - Morrissey/Amos that "Resolution accepting a $14,000 Project Safe Neighborhood Grant to provide de-escalation and crime prevention training", be adopted. Roll call vote -Ayes: Seven. Motion carried. Major Joe Leibold provided an overview of the item and what the training will entail. Resolution adopted and upon approval by Mayor assigned No. 2019-897. ORDINANCES 157104 - Amos/Feuss November 18, 2019 Page 10 that "an ordinance amending the City of Waterloo Traffic Code by amending Subsection (1) Bayard Street, to Section 545, Yield Street, by deleting Subsection (1) Bayard Street in its entirety, and inserting in lieu thereof a new Subsection (1) Bankers Blvd. to Section 545, and adding Subsection (la) Bayard Street to Section 545, Yield Street", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 157105 - 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 (Kline and Schmitt). Motion failed. ADJOURNMENT 157106 - Morrissey/Feuss that the Council adjourn at 6:37 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk