HomeMy WebLinkAboutMinutes - 7/22/2019July 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, July 22, 2019. Mayor Quentin Hart in the Chair. Roll Call:
Morrissey, Feuss, Klein, Amos, Schmitt, and Juon. Absent: Jacobs.
Prayer or Moment of Silence.
Pledge of Allegiance: Margaret Klein, Ward 1 Council Member
156574 - Juon/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, July 22, 2019, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Six. Motion carried.
156575 - Juon/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, July 15, 2019, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Six. Motion carried.
ORAL PRESENTATIONS
Todd Obadal, 124 Amity Drive, commented that public input is important and should be encouraged
to maintain transparency and noted that he doesn't think he received everything he should have with
a recent records request.
John Sherbon, 1715 Robin Road, questioned why one of the council members has not had the full
ability to function as a full council member due to a lawsuit. He commented that some closure
should be brought so that this council member no longer has to abstain on certain items.
Wayne Nathem, 548 Cloverdale, invited the public to go out to the airport to see some of the classic
airplanes that are currently there on their way to Oshkosh, Wisconsin.
Keith Kaspari, Airport Director, provided an overview of the types of WWII aircraft currently at the
airport through Thursday, and the fees to ride and tour the various aircraft.
Eric Donot, 610 E. 4th Street, commented that he encouraged council to consider and support the ban
the box initiative.
Kathy Mahoney, 1400 Denver Street, commented that last week there was a question posed by a
council member that the Hawkeye home building program shows favoritism to Hawkeye rather than
any other higher educational institution and noted that she was unable to discover any other project
that had been denied access to similar funding. She further commented on the benefit of the project
to the community.
David Dryer, 3145 W. 4th Street, commented that on the Finance Committee agenda more money is
being given to Vandewalle and Associates and that the public and council has asked for justification
for the benefit they provide to the city and no explanation has been given. He questioned what the
New World software is and why is Sanitation buying more carts. He further commented that the
American Legion Post 138 is celebrating its 100th anniversary at Electric Park Ballroom on Saturday,
August 10, 2019 at 5:00 p.m. he explained the activities that will take place along with ticket prices.
156576 - Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion
carried.
CONSENT AGENDA
156577 - Juon/Schmitt
that the following items on the consent agenda be received, placed on file and approved:
a. Resolutions to approve the following:
July 22, 2019 Page 2
1.
1. Resolution approving Finance Committee Invoice Summary Report, dated July 22, 2019, in
the amount of $4,362,149.71, 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. 2019-540.
2. Resolution setting date of public hearing as August 5, 2019, to approve a request by Lost
Island Real Estate, LC, to rezone approximately 159 acres of land from "A-1" Agricultural
District to "C -P" Planned Commercial District for an outdoor recreational facility, located
east of 2546 E. Shaulis Road, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-541.
3. Resolution setting date of public hearing as August 5, 2019, to approve the request by Reg
Drew Investments, LLC, to vacate, sell and convey a portion of Fairview Avenue and alleys
in Campbell's Addition, in the amount of $1.00, along with a Development Agreement,
subject to the retention of a utility easement over, under and upon a portion of Fairview
Avenue, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-542.
4. Resolution setting date of public hearing as August 5, 2019, to approve a request by Mike
Brustkern, to rezone 1.50 acres from "A-1" Agricultural District to "R-2" One and Two
Family Residence District, located west of 3221 Osage Road, and instruct the City Clerk to
publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-543.
5. Resolution setting date of public hearing as August 5, 2019, to authorize the sale and
conveyance of property located north of 3105 Airport Boulevard, to Hartel Properties, LLC,
in the amount of $1.00, with a Development Agreement and Minimum Assessment
Agreement for the development of a new dog daycare building, and instruct City Clerk to
publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-544.
6. Resolution approving Variance to Noise Ordinance request from Koinonia Ministries Full
Baptist Church, in conjunction with the annual church and family neighborhood picnic, to be
held at 2222 Falls Avenue on July 28, 2019 from 9:00 a.m. to 5:00 p.m., including music,
singing and children's games.
Resolution adopted and upon approval by Mayor assigned No. 2019-545.
7. Resolution approving Variance to Noise Ordinance request from David Adams, in
conjunction with the annual Dearborn Street Block Party, to be held on Dearborn Street
between Colorado and Indiana Streets on September 14, 2019 from 12:00 p.m. to 10:00 p.m.
Resolution adopted and upon approval by Mayor assigned No. 2019-546.
b. Motion to approve the following:
a.
b.
Travel Requests
Name & Title
of Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Julie Dawson,
Housing Authority
Director
Ridgeway Towers
Resident Meetings
Ridgeway
Towers
TBA 7/1/19 thru
6/30/2020
$500
Brian Bowman -
Treatment
Operation
Supervisor; Jesse
Water Environmental
Federation's Technical
Exhibition and
Conference
Chicago, IL
September 23-
24, 2019
$1,200
July 22, 2019
2.
a.
b.
c.
d.
Page 3
Gaherty -
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Maintenance
Dad's Pub,
1106 La Porte Road
C Liquor w/Outdoor Service
Renewal
6/30/2020
Foreman; Brad
Guddi Mart,
306 Byron Avenue
B Wine / C Beer
Renewal
7/2/2020
Manahl -
Hy -Vee Gas #3
1512 Flammang Drive
C Beer
Renewal
8/26/2020
Treatment
Olive Garden
Restaurante #1489
1315 E. San Marnan
Drive
C Liquor
Renewal
5/28/2020
Operations
Foreman; John
Hyman - ICT
Foreman
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Dad's Pub,
1106 La Porte Road
C Liquor w/Outdoor Service
Renewal
6/30/2020
x
Guddi Mart,
306 Byron Avenue
B Wine / C Beer
Renewal
7/2/2020
x
Hy -Vee Gas #3
1512 Flammang Drive
C Beer
Renewal
8/26/2020
x
Olive Garden
Restaurante #1489
1315 E. San Marnan
Drive
C Liquor
Renewal
5/28/2020
x
4. Bonds.
Roll call vote -Ayes: Six. Motion carried.
156578 - Morrissey/Amos
Recommendation of appointment of Richard Strange to the position of Fleet Maintenance Director in
the Central Garage with a starting date of July 24, 2019. Roll call -vote -Ayes: Five. Nays: One
(Morrissey). Motion carried.
Mr. Morrissey commented that the title of the position is different from what was presented during
the budget discussions, and questioned if the person being recommended for appointment is currently
employed with the city.
Randy Bennett, Public Works Director, explained that Mr. Strange is currently employed by the city
and that the individual is the head of Central Garage, and noted that there is no change in budgeted
amount with the title change.
Mr. Morrissey commented that two mechanics were recently hired and questioned if the department
is fully staffed.
Randy Bennett explained that if appointed, it will leave the department short one mechanic and that
the position will be filled.
Mr. Morrissey commented that it is his opinion this action will result in the loss of 75-85 percent of a
hands on position in favor of an administrative position, and therefore he cannot support the motion.
PUBLIC HEARINGS
156579 - Schmitt/Amos
that proof of publication of notice of public hearing on Asphalt Emulsions for the City's Recycled
Asphalt Paving Program, as published in the Waterloo Courier on July 15, 2019, be received and
placed on file. Voice vote -Ayes: Six. Motion carried.
July 22, 2019 Page 4
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
156580 - Schmitt/Amos
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
156581 - Schmitt/Amos
that "Resolution confirming approval of bid documents, specifications, form of contract, etc.", be
adopted. Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-547.
156582 - Schmitt/Amos
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-548.
156583 - Schmitt/Amos
Motion to receive and file and instruct City Clerk to read bids.
Estimate: $220,000
Bidder
Bid Security
Bid Amount
Bituminous Materials & Supply
Des Mointes, IA
N/A
$152,500
Voice vote -Ayes: Six. Motion carried.
156584 - Schmitt/Amos
that "Resolution awarding bid to Bituminous Materials & Supply of Des Moines, Iowa, in the
amount of $152,500 in conjunction with Asphalt Emulsions for the City's Recycled Asphalt Paving
Program, and authorize the Mayor to execute said documents", be adopted. Roll -call vote -Ayes:
Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-549.
RESOLUTIONS
156585 - Morrissey/Amos
that "Resolution approving Fiscal Sponsorship Agreement with the Waterloo Youth City Council",
be adopted. Roll call vote -Ayes: Six. Motion carried.
Michelle Temeyer, Waterloo Community Foundation, provided an overview of the agreement.
Mrs. Juon questioned if there was any financial commitment required from the City.
Michelle Temeyer, said there was not.
Student representatives from the Waterloo Youth City Council explained the work that they are
doing.
Jonathan Grieder, 2719 Edgemont, explained the importance of getting young people involved in
government and also provided information on funds they've received to date and how those monies
are being used.
Resolution adopted and upon approval by Mayor assigned No. 2019-550.
July 22, 2019 Page 5
156586 - Morrissey/Amos
that "Resolution awarding contract to Electronic Engineering of Waterloo, Iowa, in the amount of
$10,886, per patrol vehicle, with an hourly service rate of $75 per hour, in conjunction with the
purchase and installation of FY 2020 Police Vehicle equipment, and authorize the Mayor to execute
said document", be adopted. Roll call vote -Ayes: Six. Motion carried.
Mr. Morrissey questioned if the city would be able to install the equipment.
Dan Trelka, Police Chief, explained that the installation is very technical.
Resolution adopted and upon approval by Mayor assigned No. 2019-551.
156587 - Morrissey/Amos
that Final Quantity Summary for a net decrease of $16,774.70 for the FY 2017 Sidewalk Repair
Program - Zone 7 and Trail Repairs, Contract No. 914, be received, placed on file and approved.
Voice vote -Ayes: Six. Motion carried.
156588 - Morrissey/Amos
that "Resolution approving Completion of Project and Recommendation of Acceptance of Work, for
work performed by B & B Builders & Supply of Waterloo, Iowa, at a total cost of $265,612.93, for
the FY 2017 Sidewalk Repair Program - Zone 7 and Trail Repairs, Contract No. 914, and receive
and file two-year maintenance bond", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-552.
156589 - Klein/Amos
that "Resolution approving the Contracted Education Proposal for the Hartman Reserve Stormwater
Education Program in the amount of $2,570.31, and authorize the Mayor and City Clerk to execute
said document", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-553.
156590 - Klein/Amos
that "Resolution awarding bid to Miron Construction Co., Inc., of Neenah, Wisconsin, in the amount
of $148,226, and approving the contract, bonds and certificate of insurance, in conjunction with FY
2020 Digester #3 Lid Removal, Contract No. 982, and authorize the Mayor and City Clerk to
execute said documents", be adopted. Roll call vote -Ayes: Six. Motion carried.
Todd Obadal, 124 Amity Drive, questioned if the expenditure is in conjunction with the over
pressure situation or if it is caused by a new event.
Resolution adopted and upon approval by Mayor assigned No. 2019-554.
156591 - Klein/Amos
that "Resolution approving Addendum No. 1 to the Professional Services Agreement with JCG Land
Services, Inc., dated November 5, 2018, for right-of-way services, in conjunction with the
Ansborough Avenue Widening Project, south of Downing Avenue, and authorize Mayor to execute
said document", be adopted. Roll call vote -Ayes: Six. Motion carried.
Sandie Greco, Traffic Operations Superintendent, provided an overview of the item.
Resolution adopted and upon approval by Mayor assigned No. 2019-555.
156592 - Amos/Morrissey
that "Resolution approving Addendum to Agreement No. 2019-6-018 with the Iowa Department of
Transportation, in conjunction with Project No. NHSN-063-6(93)--2R-07, for the DOT to pay the
July 22, 2019 Page 6
City $5,500 towards two (2) detection cameras at U.S. Highway 63 and Airline Highway, and
authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-556.
156593 - Amos/Morrissey
that "Resolution approving a temporary crosswalk and stop sign mid -block in the 100 block of E. 4th
Street", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-557.
156594 - Amos/Morrissey
that "Resolution approving Real Estate Purchase Agreement with the Bowlers Group II, LLC, for the
City of Waterloo to acquire 1.408 acres of land, generally located south of 650 La Porte Road
(Cadillac XBC), for the appraised price of $275,911.92, plus up to $2,000 in closing costs, and
authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes:
Five. Nays: One (Klein). Motion carried.
Jim Chapman, 224 Bertch, questioned if someone is interested in purchasing the property and how
the city would pay for the property.
Noel Anderson, Community Planning and Development Director, explained that a buyer has not
been identified and funds from the bond sale will be used to purchase the property.
John Sherbon, 1715 Robin Road, commented that funds were recently taken out of the camera fund
because the city is out of money. Now, the city is spending money it does not have. He stated that
the city should have place an option to buy on the property for five years. He Farther questioned if
this is the assessed value or appraised value and commented that prices have dropped in the area for
several years. He questioned why the city is pursuing this development when no buyer is interested.
Wayne Nathem, 548 Cloverdale, commented that the city should not buy property when it does not
have a buyer.
David Dryer, 3145 W. 4th Street, questioned who Bowlers Group II, LLC is and he agrees with
previous comments regarding purchasing property without a buyer.
Forrest Dillavou, 1725 Huntington Road, commented that he was sitting around with a few residents
who were asking him how the city planned to pay for the property. He explained to them that the
taxes the eventual buyers will pay will not pay back the bonded money and interest, and if it is in the
economic development, it would be 20 years before any of the dollars would be paid back. He stated
that the city has property all over Waterloo that it does not have a buyer lined up for, will sell
property for $1.00 with add-ons, and the citizens are tired of it.
Mrs. Klein questioned if what Mr. Dillavou stated was correct.
Noel Anderson stated it was not and explained that when a project is in place, the bonds will be paid
and noted that this is standard practice with cities throughout the state of Iowa.
Mrs. Klein questioned who purchased the property in 2017 and what they paid.
Noel Anderson explained it was purchased by the Bowlers Group and they paid close to a million
dollars which also included the entire parcel and the building to the north.
Mrs. Juon requested an overview of why it is beneficial for the city to acquire this property.
Noel Anderson explained that the Planning Department is charged with, via the strategic plan,
creating shovel ready development lots, and that infill development sites are one of the better
development methods because infrastructure already exists. He further explained how this project
will help to support the existing business base and stated that Cadillac Extreme Bowling Center had
no intention of developing this lot, so this project will create an additional tax base for the city.
July 22, 2019 Page 7
Mr. Morrissey commented that prior to expanding the TIF District, there was no futuristic look at
doing anything with this land that would add to the tax base. He questioned if Mr. Anderson
believes this site will be attractive to future investors.
Noel Anderson confirmed and noted it is especially so with the opportunity zone designation, the
Brownfield Greyfield potential and its location on the Highway 218 corridor.
Mrs. Klein commented she received an email from someone that the Bowlers Group purchased the
property in question for $83,890 in 2017, and questioned the discrepancy in the purchase price that
was reported previously.
Noel Anderson explained that he has records that indicate they purchased the entire site in one
purchase and is not sure where the figures she has would have come from.
Rich Amy, 1980 Winston Place, explained that the four parcels were purchased as one unit in March
of 2017. He stated that they paid $830,000 and explained the parcels and buildings were included in
the package.
Don Miller, 707 Stone Quarry Road, questioned if this property has been on the market and what the
value will be after improvement are made.
Noel Anderson commented that the property has not been on the market and the finished value will
be determined by the county.
Kathy Mahoney, 1400 Denver Street, questioned if the appraisal rate of $4.50 per square foot for the
two undeveloped lots could possibly be inflated because of the value of the two lots being retained
by the Bowlers Group, and for comparison purposes, what the square footage of those two lots is.
Noel Anderson explained he does not have that information at this time but he could get that from
the county assessors.
Resolution adopted and upon approval by Mayor assigned No. 2019-558.
156595 - Schmitt/Amos
that "Resolution approving an Amended Professional Services Agreement with Main Street
Waterloo for FY 2020 in the amount of $40,000, and authorize the Mayor and City Clerk to execute
said document", be adopted. Roll call vote -Ayes: Six. Motion carried.
Mr. Morrissey questioned how the dollar amount of the contract has changed over time.
Noel Anderson explained the amount is the same.
Mr. Morrissey questioned if now would be an appropriate time to raise the dollar amount from
$40,000 to $60,000.
Noel Anderson recommended that the contract be approved as submitted until such a time that the
Chief Financial Officer is available to comment on funding any changes.
Mayor Hart commented that they have some changes that are going to take place in the next year and
a half and come back with a proposal for additional funding in the future.
Mrs. Juon commented that the Main Street Board is looking for additional funding options that
would affect the city.
Mrs. Klein commented that the city was short $270,000 in the budget and does not believe now is
the time to request additional funding.
Mr. Morrissey commented that it is reasonable to ask for more funding as they do a lot with very
little.
Resolution adopted and upon approval by Mayor assigned No. 2019-559.
July 22, 2019 Page 8
156596 - Schmitt/Amos
that "Resolution approving the Memorandum of Understanding with INRCOG for the writing,
preparation, and submittal of the Iowa Department of Transportation R.I.S.E. grant for
improvements on Shaulis Road, and authorize the Mayor and City Clerk to execute said document",
be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-560.
ORDINANCES
156597 - Amos/Morrissey
that "an Ordinance providing that general property taxes levied and collected each year on all
property located within the newly described Crossroads Waterloo Urban Renewal and
Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for
the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community
School District and other taxing districts, be paid to a special fund for payment of principal and
interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued,
incurred by said City in connection with said Urban Renewal Project", be received, placed on file,
considered and passed for the third time and adopted. Roll call vote -Ayes: Six. Motion carried.
Item: Crossroads Waterloo Urban Renewal and Redevelopment Plan Amendment No. 1 to remove
properties from the TIF area.
Ordinance adopted and upon approval by Mayor assigned No. 5505.
156598 - Morrissey/Amos
that "an Ordinance providing that general property taxes levied and collected each year on all
property located within the newly described Crossroads Waterloo Urban Renewal and
Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for
the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community
School District and other taxing districts, be paid to a special fund for payment of principal and
interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued,
incurred by said city in connection with said Urban Renewal Project", be received, placed on file,
considered and passed for the third time and adopted. Roll call vote -Ayes: Six. Motion carried.
Item: Crossroads Waterloo Urban Renewal and Redevelopment Plan Amendment No. 2 to expand
the boundaries, update projects, include additional projects, update related financial information, and
include other general updates to the plan.
David Dryer, 3145 W. 4th Street, questioned the benefit to the city when property is purchased for a
high price and sold for one dollar.
Ordinance adopted and upon approval by Mayor assigned No. 5506.
156599 - Morrissey/Amos
that "an Ordinance providing that general property taxes levied and collected each year on all
property located within the newly described San Marnan Urban Renewal and Redevelopment Plan
Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the
State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and
other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies
advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in
connection with said Urban Renewal Project", be received, placed on file, considered and passed for
the third time and adopted. Roll call vote -Ayes: Six. Motion carried.
Item: San Marnan Urban Renewal Redevelopment Plan, Amendment No. 5, to expand the
boundaries, remove properties, update projects and project budgets to be included in the Plan, and
other general updates to the Plan.
July 22, 2019 Page 9
John Sherbon, 1715 Robin Road, suggested the council consider to have a small percentage be
kicked back to the general fund.
Mayor Hart questioned how many funds were released this year.
Noel Anderson explained that $600,000 have been released from the Northeast Industrial Park TIF,
and noted that for each TIF District there is a portion that is released to the debt service levy and
schools.
Kathy Mahoney, 1400 Denver Street, commented that the original assessed value of TIF District
properties goes back to the general fund, so money isn't being lost, just the increased property value
goes toward these other places.
Ordinance adopted and upon approval by Mayor assigned No. 5507A.
156600 - Schmitt/Amos
that "an Ordinance amending the Traffic Code by repealing Section 284, Removing Parked
Vehicles; and enacting in lieu thereof a new Section 284, Removing Parked Vehicles", be received,
placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried.
Dave Zellhoefer, City Attorney, commented that this is to update a poorly written ordinance.
156601 - Schmitt/Morrissey
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Six. Motion carried.
156602 - Schmitt/Morrissey
that "an Ordinance amending the Traffic Code by repealing Section 284, Removing Parked
Vehicles; and enacting in lieu thereof a new Section 284, Removing Parked Vehicles", be received,
placed on file, considered and passed for the second and third times and adopt said ordinance. Roll
call vote -Ayes: Six. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5507.
ADJOURNMENT
156603 - Morrissey/Amos
that the Council adjourn at 6:57 p.m. Voice vote -Ayes: Six. Motion carried.
j
Kelley Fele
City Clerk 'U