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HomeMy WebLinkAboutMinutes--3/9/2020March 9, 2020 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, March 9, 2020. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Klein, Feuss, Grieder, Juon. Mr. Morrissey arrived at 5:38 p.m. Prayer or Moment of Silence. Pledge of Allegiance: Sharon Juon, At -Large Council Member 157498 - Juon/Grieder that the Agenda, as proposed, for the Regular Session on Monday, March 9, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 157499 - Juon/Grieder that the Minutes, as proposed, for the Regular Session on Monday, March 2, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS David Dryer, 3145 W. 41 Street, commented that council should focus on the needs of the city not wants, and questioned the coverage areas for the additional five firefighters and what will happen if federal funds through the SAFER Grant dry up. Mrs. Juon responded to Mr. Dryer's comments regarding the SAFER Grant by explaining the how the grant works and noted that firefighters hired through the grant can be laid off at the end of the grant. John Sherbon, 1715 Robin Road, commented that the sign on the building says city hall. He explained that he believes that two of the issues on the agenda do not have anything to do with city business. He explained that he chatted with people from the schools and the resolution proposed during the work session and explained that those individuals were unsure of why the city was pursuing the resolution. He further commented that the city expends more money than it takes in and it hurts taxpayers. 157500 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 157501 - Juon/Klein that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: Resolution approving Finance Committee Invoice Summary Report, dated March 9, 2020, in the amount of $3,052,062.05 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. 2020-153. 2. Resolution approving Variance to Noise Ordinance request from Crossroads Community Church of the Nazarene, on Saturday, June 13, 2020, from 10:30 a.m. to 3:30 p.m., in conjunction with a community block party to be held at 3622 Hammond Avenue, along with a live band and use of a PA system. Resolution adopted and upon approval by Mayor assigned No. 2020-154. March 9, 2020 Page 2 1. 3. Resolution setting date of public hearing as March 19, 2020 on the proposed issuance of not to exceed $11 million General Obligation Bonds, for essential corporate purposes, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-155. 4. Resolution approving Order accepting Acknowledgment/Settlement Agreement, in the amount of $300, from Love's Travel Stops and Country Stores, Inc., #702, 3301 Greyhound Drive, Waterloo, Iowa, for sale of tobacco to minor violation -first offense, and authorizing the Mayor to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2020-156. 5. Resolution approving preliminary plans, specifications, bid documents, etc. and setting date of bid opening as March 26, 2020 and date of public hearing as April 6, 2020, for the 2020 Right -of -Way Mowing Contract, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-157. 6. Resolution setting the date of public hearing as March 23, 2020 to approve a request by Lamar Advertising, for a Site Plan Amendment to the "S-1 Shopping Center District, to allow for the construction of a 45-foot tall, 378-square-foot off -premises billboard, located at 2010 Sears Street, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-158. Resolution setting date of public hearing as March 23, 2020 to approve a request by AutoZone, Inc., for a Site Plan Amendment to the "S-1" Shopping District, to construct a new retail store located south of 3115 Kimball Avenue, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-159. 8. Resolution setting date of public hearing as March 23, 2020 to approve the request by DGOGWaterlooia062619 (Dollar General) to rezone approximately 3.082 acres from "R-4" Multiple Residence District to "C-P" Planned Commercial District, to construct a new retail store located North of 5225 Dysart Road, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-160. Resolution setting date of public hearing as March 23, 2020 to approve the request by PDG Development, LLC, to vacate a 4,197-square-foot storm water management easement, located south of 3834 W. 41 Street, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-161. b. Motion to approve the following: a. a C. Travel Requests Amount Name & Title of Class/Meeting Destination Date(s) not to Personnel Exceed Chris Ferguson, Fire Bluebeam Plan Review Cedar Rapids, March 13, $160.76 Marshall Software Instruction IA 2020 Randy Bennett, 2020 American Public West Des April 1-3, $670 Public Works Works Association - Moines, IA 2020 Division Manager Iowa Chapter Spring Conference Greg Alhelm, Bluebeam Plan Review Cedar Rapids, March 13, $100 Building Official Software IA 2020 March 9, 2020 Page 3 51 Ben Wagner, 2020 Iowa Technical West Des June 17-19, $595 Draftsperson and Geospatial Moines, IA 2020 Conference Sarah Kempen, Storm Iowa Water Conference Coralville, IA April 8-9, $175 Water Specialist 2020 Tim Andera, Planner Bluebeam Plan Review Cedar Rapids, March 13, $150 II Software IA 2020 Keith Kaspari, 2020 Iowa Public Waterloo April 21-23, $150 Airport Director Airports Association Marriott Hotel 2020 Conference Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Expiration Includes Renewal Date Sunda El Patron Family Mexican C Liquor Renewal 2/28/2021 x Restaurant, 301 E. 4th Street w/Outdoor Service Hy-Vee Food Store #1, 2834 B Wine / C Beer / E Renewal 3/23/2021 x Ansborough Avenue Liquor Dollar General Store #7136, B Wine / C Beer Renewal 2/28/2021 x 66 E. Tower Park Drive Dollar General Store #10073, B Wine / C Beer Renewal 2/28/2021 x 3815 University Avenue Mrs. Klein requested to remove Vendor 21528, 2020-00001838, Central Property Holdings, LLC, in the amount of $150,000. Roll call vote -Ayes: Seven. Motion carried. 157502 - KleinBoesen That payment to Vendor 21528, 2020-00001838, Central Property Holdings, LLC, in the amount of $150,000 dated March 9, 2020, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Roll call vote - Ayes: Seven. Motion carried. Mrs. Klein requested an overview of the payment that is to be approved. Michelle Weidner, Chief Financial Officer, provided an overview. Mrs. Klein questioned if this is a loan payment or what the purpose of the payment. Michelle Weidner explained that the payment is to cover eligible expenses under the project grant. Mrs. Klein commented on the apparent inactivity of the project since and questioned what expenses had occurred. Michelle Weidner explained that time and money have been spent on architects, and attorney fees and accountants as well as equipment and property purchases and insurance. Mayor Hart questioned if that dollar amount totals the $150,000. Michelle Weidner explained the receipts total approximately $311,000. Mrs. Klein questioned the time frame to break ground on the project. Rodney Anderson, 2614 Heather Lane, commented that there are things he cannot disclose about the project but that he has to continue to pay off architectural, legal, and accounting bills in order to keep the project moving forward. The bills that have been brought in are from 2018 to the present that have been paid out of pocket and the payment will go back to the company. Mayor Hart clarified that payments are still due even though the building portion hasn't begun. March 9, 2020 Page 4 Rodney Anderson commented that he has gone a different direction with financing because there are no longer new market tax credits. Mr. Morrissey questioned if he has financing for the rest of the project. Rodney Anderson clarified that the bank has to approve a loan and then the SBA has to approve the guarantee. Mr. Morrissey questioned if there might be a problem with the bank approving the loan. Mr. Anderson commented there is not. Mr. Morrissey question if there were any new investors in the project. Rodney Anderson commented that he does have a new partner, Lance Dunn. Mr. Morrissey question if there are any foreseeable problems with a city employee investing in a proj ect. Rodney Anderson explained that the project was approved before Mr. Dunn came on board and that he has not invested financially to the project. Martin Petersen, City Attorney, explained that he will review the issue and let council know his findings. Mrs. Juon commented that it would be helpful to receive an update on the project. Rodney Anderson confirmed he would be happy to give more frequent updates. Mrs. Klein questioned if the city has a step in the hiring process that discusses conflict of ethics and if there is currently a policy in place. Mayor Hart commented he does not know off hand about practices or policies but there have been other city employees that have been a part of businesses. He further commented that knowing this information prior to a project would be appropriate and questioned if Lance Dunn was a partner at the time of the initial negotiations. Rodney Anderson commented that Lance Dunn became a partner in the project back in May of 2019. Mrs. Juon explained her concerns regarding the timing. Mrs. Klein questioned if there was a quid pro quo. Rodney Anderson clarified that he approached Mr. Dunn to join him, not the other way around. Mr. Morrissey commented that there could be potential problems if the city did not pay the $150,000 after it was previously approved that $500,000 would be released. Mayor Hart commented on the original agreement to release $500,000. Rodney Anderson explained that he has spent $311,000 to date. Mr. Morrissey questioned if the city is subject to legal action if it does not authorize the payment. Martin Petersen, City Attorney, commented that without additional information he is unable to answer the question. Mr. Boesen requested an overview of the city's investment in the project to date. Noel Anderson, Community Planning and Development Director, provided an overview of the terms of the development agreement, and detailed the financial investment the city has in the project. March 9, 2020 Page 5 Forest Dillavou, 1725 Huntington Road, commented that he has strong concerns about the project. He stated that the funding is not guaranteed and until the funding is guaranteed the city should not continue to provide funding on the project until funding is approved. Rodney Anderson commented that gambling is a bad thing. As a developer, he has to ensure that bills are paid and gamble that the funding is coming through. He clarified that the city is not paying for the fence around the property. PUBLIC HEARINGS 157503 - Morrissey/Feuss that proof of publication of notice of public hearing on the request by the City of Waterloo to rezone approximately 0.52 acres from "R-2" One and Two Family Residence District to "M-1" Light Industrial District, located at and adjacent to 915 Linden Avenue, as published in the Waterloo Courier on February 28, 2020, 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. David Dryer, 3145 W. 4t' Street, questioned why the city is asking its own permission to rezone property it owns. Mayor Hart commented that the city has to report the different uses of the land for the purpose of updating zoning maps and general public awareness. Noel Anderson commented that the city is required by its own policies and state law. 157504 - Morrissey/Feuss that the hearing be closed and oral comments, and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 157505 - Morrissey/Grieder that "an Ordinance approving a request by the City of Waterloo to rezone approximately 0.52 acres from "R-2" One and Two Family Residence District to "M-1" Light Industrial District, located at and adjacent to 915 Linden Avenue", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 157506 - Morrissey/Grieder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Nays: One (Klein) Motion carried. Noel Anderson provided an overview of the project and commented there have been no objections and no need for urgency. 157507 - Morrissey/Grieder that "an Ordinance approving a request by the City of Waterloo to rezone approximately 0.52 acres from "R-2" One and Two Family Residence District to "M-l" Light Industrial District, located at and adjacent to 915 Linden Avenue", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5543. 157508 - Feuss/Grieder that proof of publication of notice of public hearing on the request by the City of Waterloo to vacate 2,000 square feet of alley right-of-way located west of 915 Linden Avenue, as published in the March 9, 2020 Page 6 Waterloo Courier on February 28, 2020, 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. 157509 - Feuss/Grieder that the hearing be closed, and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 157510 - Feuss/Grieder that "an Ordinance approving a request by the City of Waterloo to vacate 2,000 square feet of alley right-of-way located west of 915 Linden Avenue", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 157511 - Feuss/Grieder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. 157512 - Feuss/Grieder that "an Ordinance approving a request by the City of Waterloo tor vacate 2,000 square feet of alley right-of-way located west of 915 Linden Avenue", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5544. 157513 - Amos/Morrissey that proof of publication of notice of public hearing on the request by the City of Waterloo to vacate a 50-foot-wide utility easement, approximately 1.4 acres located south of 4550 Hess Road, as published in the Waterloo Courier on February 28, 2020, 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. 157514 - Amos/Morrissey that the hearing be closed, and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Roll call vote -Ayes: Seven. Motion carried. 157515 - Amos/Morrissey that "an Ordinance approving a request by the City of Waterloo to vacate a 50-foot-wide utility easement, approximately 1.4 acres located south of 4550 Hess Road", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 157516 - Amos/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. 157517 - Amos/Morrissey that "an Ordinance approving a request by the City of Waterloo to vacate a 50-foot-wide utility easement, approximately 1.4 acres located south of 4550 Hess Road", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5545. March 9.2020 Page 7 157518 - Amos/Morrissey that proof of publication of notice of public hearing on the request by the City of Waterloo to vacate approximately 0.47 acres of City right-of-way, located north of 3105 Airport Boulevard, as published in the Waterloo Courier on February 28, 2020, 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. 157519 - Amos/Morrissey that the hearing be closed, and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 157520 - Amos/Morrissey that "an Ordinance approving a request by the City of Waterloo to vacate approximately 0.47 acres of City right-of-way located north of 3105 Airport Boulevard, and retain an easement over, under and upon the entire vacated area", 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. 157521 - Amos/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 157522 - Amos/Morrissey that "an Ordinance approving a request by the City of Waterloo to vacate approximately 0.47 acres of City right-of-way located north of 3105 Airport Boulevard, and retain an easement over, under and upon the entire vacated area", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5546. 157523 - Morrissey/Grieder that proof of publication of notice of public hearing on Exchange Agreement and Assignment of Real Estate Contract with L & H Farms, Ltd., for the acquisition of property in Black Hawk County and exchange of property in the San Marnan TIF District in the amount of $1,696,636.60, for 47.17 acres and up to $10,000 in closing costs, as published in the Waterloo Courier on February 28, 2020, 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. David Dryer, 3145 W. 4t' Street, commented that land prices have decreased since the last exchange and questioned if the city has an interested investor. 157524 - Morrissey/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 157525 - Morrissey/Amos that "Resolution approving an Exchange Agreement and Assignment of Real Estate Contract with L & H Farms, Ltd., for the acquisition of 47.17 acres of land in Black Hawk County in the amount of $1,696,636.60, and up to $10,000 in closing costs, in exchange for property in the San Marnan TIF March 9, 2020 Page 8 District, 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. 2020-162. 157526 - Feuss/Amos that proof of publication of notice of public hearing on FY 2020 Sidewalk Inspection and Repair Program - Zone 10, as published in the Waterloo Courier on February 25, 2020 and March 5, 2020, 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. Wendell Speller, 919 E. Donald Street, commented that he opened his business in 2016 and at that time the city started renovations on E. 4th Street. He commented that the city made additional green space and he had to pay to rebuild his sidewalk. He stated that he does not have the money to install the sidewalk and questioned if he has additional recourse for the repair. 157527 - Feuss/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 157528 - Feuss/Amos that "Resolution authorizing proposed repairs to sidewalk", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mrs. Juon questioned if the city has reached out to non -profits or churches to help people pay for the program. Jamie Knutson, City Engineer, commented that he has had conversations with Felicia Smith-Nalls in Neighborhood Services and explained that people can contact her to help locate assistance. Resolution adopted and upon approval by Mayor assigned No. 2020-163. 157529 - Feuss/Amos 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. 2020-164. RESOLUTIONS 157530 - Klein/Grieder that "Resolution approving award of bid to J. Pettiecord, Inc., of Bondurant, Iowa, in the amount of $129,077.50, and approving the contract, bonds and certificate of insurance, in conjunction with the FY 2020 Waterloo Air and Rail Park Tree Clearing, Contract No. 1017, 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. 2020-165. 157531 - Klein/Grieder that "Resolution approving a Professional Services Agreement with Ament Design of Waterloo, Iowa, in an amount not to exceed $49,100, for the design of Downtown Fiber Optic Interconnect and Monitoring Cameras, Iowa DOT Project Number STBG-SWAP-8155(769)--SG-07, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 41 Street, questioned what the cameras will monitor and if they will be turned into red light cameras. March 9, 2020 Page 9 Randy Bennett, Public Works Division Manager, explained that the cameras will be used to let the signals know when cars are approaching and will be used for future traffic study. Resolution adopted and upon approval by Mayor assigned No. 2020-166. 157532 - Klein/Grieder that "Resolution approving a thirty-six (36) month Telecom Service Agreement with CenturyLink Business, at a base rate of $2,956.60 per month plus an additional $35 per analog line, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-167. ORDINANCES 157533 - Morrissey/Grieder that "an ordinance amending the City of Waterloo Code of Ordinances by repealing the word "one (1)" from Paragraph 6, Employer, of Subsection A, Definitions, Section 15, Unfair Use of Criminal record in hiring Decisions, Chapter 3, Human Rights, Title 5, Police Regulations, 5-13-15(A)(6), and inserting in lieu thereof the word four (4) in Paragraph 6, Employer, of Subsection A, Definitions, Section 15, Unfair Use of Criminal Record in Hiring Decisions, Chapter 3, Human Rights, Title 5, Police Regulations", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. 157534 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. 157535 - Morrissey/Amos that "an ordinance amending the City of Waterloo Code of Ordinances by repealing the word "one (1)" from Paragraph 6, Employer, of Subsection A, Definitions, Section 15, Unfair Use of Criminal record in hiring Decisions, Chapter 3, Human Rights, Title 5, Police Regulations, 5-13-15(A)(6), and inserting in lieu thereof the word four (4) in Paragraph 6, Employer, of Subsection A, Definitions, Section 15, Unfair Use of Criminal Record in Hiring Decisions, Chapter 3, Human Rights, Title 5, Police Regulations", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5547. OTHER COUNCIL BUSINESS 157536 - Morrissey/Feuss that Change Order No. 2 from Henkel Construction Company of Mason City, Iowa, for a net decrease of $2,060, in conjunction with the Five Sullivan Brothers Kitchen Improvements project, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 157537 - Morrissey/Feuss that Change Order No. 3, to Henkel Construction Company, Mason City, Iowa, for a net increase of $5,053.20, in conjunction with the Five Sullivan Brothers Kitchen Improvements project, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 157538 - Juon/Grieder that the council adjourn to Executive Session at 6:41 p.m. Roll call vote -Ayes: Seven. Motion carried. City Attorney Martin Petersen stated that discussion of litigation strategy with counsel is an approved topic of Executive Session pursuant to Iowa Code Section §21.5(1)(c). Page 10 March 9, 2020 EXECUTIVE SESSION 157539 - Juon/Grieder that the council adjourn Executive Session at 7:12 p.m. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 157540 - Juon/Grieder that the Council adjourn at 7:12 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felch City Clerk