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HomeMy WebLinkAboutMinutes--4/6/2020April 6, 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, April 6, 2020. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder, Juon joined the meeting by telephone. Prayer or Moment of Silence. Pledge of Allegiance: Patrick Morrissey, Ward 3 Council Member 157634 - Juon/Morrissey that the Agenda, as amended, by deleting consent agenda item LAA, "Resolution approving a request by the City of Waterloo to name and dedicate a one (1) mile portion of newly constructed roadway, West Shaulis Road, and a half (1/2) mile portion of newly constructed roadway, East Shaulis Road, located east of Ansborough Avenue and west of Hawkeye Road (Iowa Highway 21), and rescinding Resolution No. 2013-205, for the Regular Session on Monday, April 6, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 157635 - Juon/Morrissey that the Minutes, as proposed, for the Regular Session on Monday, March 23, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS Theodore Lederman, 1758 Pinehurst Lane, commented that he is a Waterloo native and landowner. He commented that not all real estate holders are able to pay their taxes as he has been. He commented that many businesses have failed and asked citizens to read Mr. Grieder's Waterloo Courier editorial. He commented that public employees are protected during economic downturn while people in the private sector are out of jobs. Mr. Grieder commented that he finds it disheartening that groups of workers are pitted against one another based on who signs their paycheck. He stated that he has been in conversations with the Mayor and city staff about how to better help small businesses. Mrs. Klein commented that she believes that it was immoral to raise taxes during a pandemic and asked her fellow councilmembers to donate raises back to the city. Mrs. Juon commented that Waterloo had 800 employees several years back and today we have just over 500. She added that public jobs are not always guaranteed. Mr. Feuss commented that he donates to organizations in the community and has been eating out at local businesses and tipped generously to help. He stated that he does not need his name in the paper as a result of doing these actions. Mr. Morrissey commented that he finds it unconscionable that a fellow council member would call a vote on the budget unethical and the call to council members to donate their stipends is grandstanding. Mrs. Klein commented that by holding a public service position such as city council, announcing the donation of a salary is only to show the community how much she is thinking of them. She also commented on prior accusations by Mr. Morrissey on her moral character. Mayor Hart reminded council that there are potential businesses and families also watching these meetings, and it is important not to forget that there is a price to pay for every comment made. LaTonya Graves, 607 E. Donald Street, commented that she received complaints that the bidding process is unfair for minority contractors and that she plans to do some research. Mrs. Klein commented that the Waterloo Library was mentioned in a national publication. Jillian Rutledge of the Waterloo Public Library is using the 3D printer to make face shields for first responders in response to the pandemic April 6, 2020 Page 2 Mayor Hart commented that the Governor held a press conference today regarding COVID-19 and that the city is adhering to the parameters she has put in place and every effort is being made to share the information as soon as it is received. Mr. Morrissey commented that the city won the fair chance initiative lawsuit. Mrs. Juon commented that the committee on the fair chance initiative has been continuing to meet to work on training videos. 157636 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 157637 - Juon/Morrissey 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 April 6, 2020, in the amount of $3,586,637.91, 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. 2020-204. MAN I Aft' .. .,,._ _ Resolution setting date of public hearing as April 20, 2020, to approve the request by the City of Waterloo to vacate a portion of a public alley located in Block 18 of Linden Place, for property located at 2265 Lafayette Street, (former Lafayette School), and rescinding Ordinance No. 5145, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-205. or PW 101 M - - . „_ _ 1 . IT 8. Resolution setting date of public hearing as May 11, 2020, to approve an application for a State Revolving Fund (SRF) Loan, Contents of Environmental Information, and the Project Plan in conjunction with the Titus Lift Station Project, Contract No. 975, and instruct City Clerk to publish said notice. April 6, 2020 Page 5 157641 - Morrissey/Amos Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 23, 2020, and date of public hearing as April 27, 2020, for the FY 2020 Asphalt Overlay Program, Contract No. 992, and instruct City Clerk to publish said notice. Roll -call vote - Ayes: Seven. Motion carried. Mr. Morrissey commented that his question on this item was answered in the discussion of item no. 5. Resolution adopted and upon approval by Mayor assigned No. 2020-215. PUBLIC HEARINGS 157642 - Amos/Feuss that proof of publication of notice of public hearing on 2020 Right -of -Way Mowing Contract, as published in the Waterloo Courier on March 23, 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. 157643 - Amos/Morrissey that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157644 - Amos/Feuss that "Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-216. 157645 - Amos/Morrissey Motion to receive and file and instruct City Clerk to read bids. Bidder Bid Security Bid Amount B&B Lawn Care 5% Option A: $57.75 Waterloo, IA check Option B: $58.75 Option C: $49.99 Professional Lawn Care 5% Option A: $58.75 Waterloo, IA check Option B: $54.50 Option C: $61.75 Wilson Custom Tree 5% Option A: No Bid Cresco, IA bid bond Option B: No Bid Option C: $54.58 Speedy Lawn Care 5% Option A: $40.00 Wellsburg, IA check Option B: $50.00 Option C: $55.00 Voice vote -Ayes: Seven. Motion carried. 157646 - Amos/Feuss that "Resolution approving award of bid to B & B Lawn Care Inc., of Waterloo Iowa, in the amount of $57.75/Acre-Option A and $49.99/Acre-Option C and Professional Lawn Care, LLC, of Waterloo Iowa, in the amount of $54.50/Acre-Option B, in conjunction with the 2020 Right -of -Way Mowing Project, approving the contract, bonds and certificate of Insurance, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. April 6, 2020 Resolution adopted and upon approval by Mayor assigned No. 2020-217. 157647- Feuss/Amos Page 6 that proof of publication of notice of public hearing on FY 2020 Sanitary Sewer Gatewell Repairs, Contract No. 951, as published in the Waterloo Courier on March 30, 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. 157648 - Feuss/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157649 - Feuss/Amos that "Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Boesen expressed concern that the bids are over the estimated cost. Jamie Knutson, City Engineer, commented that staff are continuing to review the bids to determine why they came in significantly higher than the estimate. Resolution adopted and upon approval by Mayor assigned No. 2020-218. 157650 - Feuss/Amos Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. BASE BID ESTIMATE _ $4,304,290.00 ALTERNATES 1-4 TOTAL ESTIMATE _ $33300.00 BASE BID + ALTERNATES TOTAL ESTIMATE _ $4,637,890.00 Bidder Bid Security Bid Amount Base Bid $6,292,360 WRH Inc Alt. 1 $132,000 Amana, Iowa 5% Alt. 2 $132,000 Alt. 3 $107,000 Alt.4 $17,000 Voice vote -Ayes: Seven. Motion carried. 157651 - Amos/Feuss that proof of publication of notice of public hearing on FY 2020 Sidewalk and Trail Repair Program - Zone 10, Contract No. 1009, as published in the Waterloo Courier on March 23, 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. 157652 - Amos/Feuss that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157653 - Amos/Feuss that "Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-219. Apri16, 2020 Page 7 157654 - Amos/Feuss Motion to receive and file and instruct City. Clerk to read bids and refer to City Engineer for review. DIVISION 1 TOTAL BASE BID ESTIMATE _ $61,107.63 DIVISION 2 TOTAL BASE BID ESTIMATE _ $208,796.92 DIVISION 3 TOTAL BASE BID ESTIMATE _ $124,624.45 TOTAL CONTRACT COST ESTIMATE _ $394,529.00 Bidder Bid Security Bid Amount Div. 1 - $56,959.85 B & B Builders & Supply 5% Div. 2 - $214,513.53 Waterloo, Iowa Div. 3 - $131,849.20 Total - $403,322.58 Div. 1 - $68,628.46 Brock Even Construction, LLC 5% Div. 2 - $204,231.57 Div. 3 - $100,306.18 Total - $373,166.21 Voice vote -Ayes: Seven. Motion carried. 157655 - Feuss/Amos that proof of publication of notice of public hearing on FY 2020 Courtland, Jefferson and Mulberry Streets Reconstruction Program, Contract No. 1015, as published in the Waterloo Courier on March 23, 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. 157656 - Feuss/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157657 Feuss/Amos that "Resolution confirming approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-220. 157658 - Feuss/Amos Motion to receive and file and instruct City Clerk to read bids. Bid Estimate $2,523,773.65 Bidder Bid Security Bid Amount Vieth Construction Corporation Cedar Falls, IA 5% $2,463,877.25 Lodge Construction, Inc. Clarksville, IA 5% $2,399,218.02 K Cunningham Construction Company, Inc. Cedar Falls, IA 5% $2,413,670.50 Voice vote -Ayes: Seven. Motion carried. 157659 - Feuss/Morrissey that "Resolution approving award of bid to Lodge Construction, Inc., of Clarksville, Iowa, in the amount of $2,399,218.02, in conjunction with the FY 2020 Courtland, Jefferson and Mulberry Streets Apri16, 2020 Page 8 Reconstruction Program (Division I, II, & Ill), Contract No. 1015, approving the contract, bonds and certificate of insurance, 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. 2020-221. 157660 - Morrissey/Feuss that proof of publication of notice of public hearing on sale and conveyance of City owned property located east of 1994 Newell Street, to 4FI Waterloo, LLC, and Material Control Systems, Inc. (ConTol), and approving a Development and Minimum Assessment Agreement, as published in the Waterloo Courier on March 30, 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. 157661 - Morrissey/Feuss that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157662 - Morrissey/Grieder that "Resolution authorizing the sale and conveyance of City owned property located east of 1994 Newell Street, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Morrissey requested clarification of various aspects of the property. Mr. Boesen questioned if the $1.5 million grant for dirt work funding has been identified. Noe Anderson clarified that it will be included in bond funds. Mr. Boesen questioned if the wetland restoration will be paid with bonds. Noel Anderson explained the bonds could be repaid once the Con-Trol building begins paying into the TIF District. Mr. Boesen commented on the funding for future development of lots in the area. Noel Anderson commented that it is a unique site that has heavy water and sewer along with rail access and continued expansion is anticipated. Resolution adopted and upon approval by Mayor assigned No. 2020-222. 157663 - Morrissey/Grieder that "Resolution approving a Development and Minimum Assessment Agreement, between 4FI Waterloo, LLC, the Material Control Systems, Inc., d/b/a Con-Trol Container Systems with grant funds of $1,515,000 and tax rebates at 50 percent for eight (8) years, for the construction of a new 176,980-square-foot commercial building, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mayor Hart commented on the incredible opportunity this is for the city should this resolution pass, and thanked Noel Anderson, Jamie Knutson and Michelle Weidner for their combined efforts and hard work. Resolution adopted and upon approval by Mayor assigned No. 2020-223. 157664 - Morrissey/Grieder that proof of publication of notice of public hearing on request to ratify and affirm certain actions with respect to the Virden Creek Drainage Project, including authorizing use of condemnation procedures, April 6, 2020 Page 9 as published in the Waterloo Courier on March 23, 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. Aaron Alcorn, 7016 Dysart Road, commented that he has been working with the city and does not want to go to condemnation on the project. He stated that they will need some working meetings to understand budgets for the project. He stated that the project will have a large impact to their property and wants to make sure it is going to be engineered well. He stated that the current offer by the city has an impact to how they would farm and that they would have extra costs down the road, and he looks forward to working together to resolve the issue. He stated that he appreciates working with Jamie Knutson on the project as well. 157665 - Morrissey/Feuss that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 157666 - Morrissey/Feuss that "Resolution ratifying and affirming certain actions with respect to the Virden Creek Drainage Project, to establish the amount of Just Compensation for certain property interests to be acquired for project purposes, and authorizing the use of condemnation procedures for acquisition of said property interests, in furtherance of the project objectives, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Nays: One. (Morrissey) Motion carried. Mayor Hart questioned if further discussion with the Alcoms would have to stop due to these actions. Noel Anderson commented that this just sets the timeline for the condemnation to occur and explained how that process would work. He further explained that talks with the Alcoms can continue about different designs that could work. Mr. Boesen questioned the discrepancy in the cost of reimbursement to the Alcorn between 2014 and the current amount offered and why the action didn't move forward in 2014. Noel Anderson explained that the property had to be reappraised because so much time had passed and farm prices had dropped during that time. He commented that negotiation do allow to go above the appraisal price in an effort to avoid condemnation. He further stated that the previous condemnation hearing had been set but was cancelled when it was believed everything was agreed upon and the agreement would be signed. Unfortunately, that did not happen. Mr. Morrissey commented that he has been harping on this project for five years and that it was first identified for work by the city back in 1979. He questioned why this project is taking so incredibly long to complete. He further questioned what is the design that is to be approved by the council. He added that the resolution should be amended to insert a date of August 31, 2020 to end negotiation and condemnation proceed from that point forward. Jamie Knutson commented that a design process was started to determine how much property needed to be acquired from both the Andersons and the Alcoms. Prior to the Alcoms owning the property, it was owned by Mr. Bedard whom the city had been working with. Those prior designs can be made available to Mr. Morrissey if he wishes to see them, but those alternative designs added hundreds of thousands of dollars to the cost of the project compared to what is being done now. Mr. Morrissey commented on several concerns he has with the resolution. Noel Anderson identified the pages in the attachments which show the easement drawing for the proposed drainage way and explained why the design was chosen. Alan Alcorn commented that recently they have become aware of a few different options because of things that have changed since 2014 with the city owning some adjoining ground, and they would like to talk about those options to maybe reduce the impact of flooding to their ground. Mayor Hart questioned what happens in a condemnation proceeding. Apri16, 2020 Page 10 Noel Anderson explained that the condemnation process is not to determine whether or not a project will happen, but the matter of the compensation to be paid to move ahead so the project can happen. Mayor Hart questioned if the condemnation determines the value or if the value is already set. Noel Anderson commented that the condemnation jury is made up of real estate professionals and they will have all of the necessary documentation at hand to make a determination of the value as they see fit. Mr. Morrissey commented that the council has not been shown the design for the project and the Alcorns have sent him designs that the council has not yet seen. He further commented that the resolution has no end date. Resolution adopted and upon approval by Mayor assigned No. 2020-224. 157667 - Morrissey/ To postpone for two weeks and to include an end date for negotiations of August 31, 2020, with condemnation proceeding on September 1, 2020, and to also have the attachments added showing the designs as given to the Alcorns with the associated appraised dollar amounts given those other design concepts for the project. Motion died due to a lack of a second. 157668 - Amos/Klein that proof of publication of notice of public hearing on Mowing contract for city owned lots generally acquired through Iowa Code 657A, as published in the Waterloo Courier on March 23, 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. Mayor Hart commented he received a call from Mr. James Adams with questions regarding the ability of a minority contractor to bid 'on a piece of this project. He further commented that he will work with Rudy Jones, Paul Huting and Keith Kaspari on these types of opportunities to make sure we have an inclusive bidding environment. 157669 - Amos/Feuss that the hearing be closed and oral and written comments be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 157670 - Amos/Feuss that "Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Morrissey questioned if the abutting property owners have been approached about submitting a mow to own proposal. Noel Anderson commented he is not aware of any formal request to mow to own. Mr. Morrissey questioned if any of the abutting property owners are even aware of the mow to own program. Noel Anderson commented that he knows discussions may have been had in the past but he is not aware of any active mailings to try to contact everyone. Mr. Morrissey questioned the cost per year to the city. Noel Anderson commented it was approximately $144,000 the past couple of years. April 6, 2020 Page 11 Resolution.adopted and upon approval by Mayor assigned No. 2020-225. 157671 - Amos/Feuss Motion to receive and file and instruct City Clerk to read bids and refer to the Community Planning and Development Director for review. Bidder Bid Security Bid Amount B&B Lawn Care Inc $1,500 Option A: $9.74 Waterloo, Iowa Check #032626 Option B: W74 Speedy's Lawn Care Services $1,500 Option A: $45 Wellsburg, Iowa Check #019105 Option B: $100 James Adams $1,500 Option A: $17 Waterloo, Iowa Check #5244 Option B: $43 Wilson Custom Tree Option A: $25 Cresco, Iowa 5% Option B: $52.50 Polo Green Landscaping and Lawn $1,500 Option A: $16.98 Care Services LLC Check #019116 Option B: $54 Hubbard, Iowa Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 157672 - Boesen/Amos that "Resolution approving an Amendment to the Development and Minimum Assessment Agreement with Dolly James 2, LLC, and Hi Yield, LLC, originally approved on September 8, 2015, to re -assign the Agreement to 6 Comm Properties, LLC, adjusting completion and Minimum Assessment Agreement dates and include additional property within the project area, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Five. Nays: Two (Morrissey and Klein). Motion carried. Mayor Hart shared a power point regarding the developer's investment in Waterloo. Mr. Boesen commented that though he is impressed with the development and appreciates the investment made, however he does not agree with the 75 percent tax abatement for 20 years and 95 percent for 15 years on two of the projects. Mr. Morrissey questioned the point of the power point. Mayor Hart explained the power point was to show what the developer has done to help improve Waterloo. Mr. Morrissey commented that his concern is that the original development agreement from years ago, has not been followed, and it appears the only thing that has changed are the names of the developer and the amount of the tax abatement has almost doubled. He further commented that an extension of the prior contract would be more appropriate with an amendment to add land if desired but the tax rebate needs to stay the same and for these reasons he opposed this resolution. Mayor Hart asked Noel Anderson to provide an explanation of the reason for the changes to the tax abatement time and amounts. Noel Anderson provided an overview of the project from its inception and commented that the changes are due in part to the state's suspension of the tax credit program in that area, which led Mr. Dahlstrom to request that the City amend the tax incentives in order to move the project ahead. April 6, 2020 Page 12 Mrs. Klein commented that she does not support the amount of incentive. She also commented that she'd received an email from someone saying that the new buildings going up in Waterloo are not fully rented and many are having trouble finding renters. Mrs. Juon questioned why the incentive went up to 75 percent and asked if it was due to the elimination of a state program. Noel Anderson confirmed. Mr. Feuss commented that he received comments from constituents about the 20-year duration and the amount of abatement and rebate. He further questioned if other projects have similar rebates. Noel Anderson commented that the Art Block and the Grand Crossing projects are both on a 20-year rebate, and have a 42 percent incentive and all of the phases for the ConAgra plant are on a 20-year rebate. Mr. Amos questioned how much would be paid in taxes over 20 years, and if we did not offer these incentives would Waterloo lose these developers and consequently receive nothing for the properties. Mayor Hart commented that we would absolutely lose the developers if the incentives are not offerd, and are currently at risk of losing them now. Noel Anderson explained that he does not have the tax dollar figures available at the moment, but will send them to council. Mr. Amos commented that he believes the incentives are necessary. Mrs. Juon questioned if the difference in rebates is because those other projects were able to receive the state incentive and got 42 percent rebates from the city. Noel Anderson confirmed. Mrs. Klein questioned if all cities are experiencing the same concerns. Noel Anderson commented that the City of Cedar Rapids is looking to increase incentives due to the elimination of the state program. Mayor Hart asked Noel to comment on whether the city can afford to offer the incentives and what is being paid for with these projects. Noel Anderson commented that currently it is an empty lot that gets the city about $4,000 per year and even as the project is going up, the city will receive over $20-$25,000 per year in taxes immediately. Though the developers won't be paying the full taxes for a period of time, they are still paying more in taxes than what is currently being received. Mr. Morrissey questioned if this is in a TIF District. Noel Anderson confirmed. Mr. Morrissey questioned if any money in addition to the $4,000 would go into the downtown TIF. Noel Anderson confirmed. Mr. Morrissey questioned how much is the developer getting back in rebates over the 20-year period. Noel Anderson estimated it would be about $600,000. Mr. Morrissey commented that he does not approve of the 42 to 75 percent increase. Mrs. Klein commented that she is concerned about the precedence this will set for the city. Mayor Hart commented he is also concerned about setting a precedent, but for the opposite reasons. He spoke about council's desire to bring in new development downtown compared to redevelopment April 6, 2020 Page 13 and refurbishments and stated that there is currently not a lot of developers willing to build new from the ground up and help move people into downtown Mr. Morrissey questioned if the land has been turned over to the developer and has any new money been involved thus far. Noel Anderson commented that the land was deeded back to the developer back in 2015, and the developer has spent money on engineering and architectural design and other associated costs. Mr. Morrissey questioned why has this never been brought to the council for an extension. Noel Anderson commented that the original agreement had an end date of 2016 and explained that while efforts were being made to obtain additional land for the developer, the state ended the program. Mr. Morrissey commented that the property was transferred under the old agreement yet a new agreement is being made with new rebates and stated that this action does not make sense to him. Mrs. Juon commented that Mr. Dahlstrom was counting on funding through the state housing program and it is not the developer's fault. She explained that it is the city's job to decide if it wants to fill the gap in state funding, if it wants more people to live downtown, and to attract a younger workforce to downtown. Mr. Boesen questioned when the state ended the housing program. Noel Anderson explained the program was suspended two and a half years ago. Mr. Boesen commented that according to the original Development Agreement, the project was to begin in June of 2016 and be completed in July of 2017. Based on what has been said, that would mean that prior to June of 2016, the housing credit was already off the table, which makes it more like three and a half years ago. Noel Anderson commented that the original delay was acquiring land. Once that was figured out, unfortunately the state decided to suspend the housing program. Mr. Boesen commented that he is opposed to tax rebates with a long payment period. He questioned the City's recourse if the project does not start in June of this year and end in October of next year. Noel Anderson explained claw backs within the development agreement if the proj ect is not completed on time. Mr. Boesen commented that he wants the council to have further conversation on economic development incentives. Resolution adopted and upon approval by Mayor assigned No. 2020-226. 157673 - Boesen/Feuss that "Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11- 3-3(D), Application Procedure and Requirements, as it relates to the approval of the final plat of Northeast Industrial Park Plat No. 5", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-227. 157674 - Boesen/Feuss that "Resolution approving Amendment No. 1 to the Professional Services Agreement with I & S Group, Inc., in the amount of $50,000 for professional design fees and related services for the Five Sullivan Brothers Convention Center Penthouse/Chiller 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. 2020-228. 157675 - Boesen/Feuss ;E' April 6, 2020 Page 14 that "Resolution approving request of MMS Consultants, Inc., on behalf of the City of Waterloo, to approve the final plat of Northeast Industrial Park Plat No. 5, a two lot industrial subdivision, located south of 2280 Northeast Drive", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-229. 157676 - Klein/Feuss that "Resolution concurring with the determination of City Planner that the proposed change to the approved site plan within an "M-2,P" Planned Industrial District for the construction of a 162,885- square-foot industrial building, 6,283-square-foot office area and 10,194-square-foot vehicle maintenance shop, located east of 1994 Newell Street, is minor, and shall be approved as a Minor Site Plan Amendment", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-230. 157677 - Klein/Feuss that "Resolution approving a request by the City of Waterloo to dedicate a 15-foot wide permanent sanitary sewer easement, located south of 1318 Martin Road", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-231. 157678 - Klein/Feuss that "Resolution approving construction plans for grading, paving, and utility construction serving the Lincolnshire Road Addition, as submitted by Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, and Sewage Treatment Agreement, DNR Form 29 (Nov 00) with the Department of Natural Resources, and the final acceptance of construction plans, subject to the review and acceptance by the Department of Natural Resources, and 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. 2020-232. 157679 - Feuss/Grieder that "Resolution approving a Professional Services Agreement with HR Green, Inc., of Cedar Rapids, Iowa, in an amount not to exceed $544,971.75, in conjunction with the FY 2021 Shaulis Road Reconstruction - Hess Road to Highway 218, Contract No. 1020, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Morrissey questioned where the funding for the project is coming from. Jamie Knutson, City Engineer, commented that they are looking to use approximately $130,000 out of Road Use Tax and another $400,000 Shaulis bond issue. Mr. Morrissey asked if the bond has been approved yet. Noel Anderson commented that the Shaulis Road bond would be approved very soon as they are moving ahead with the theme park development and explained that the road improvements are necessary for the theme park project. Mr. Morrissey questioned why approval is being sought on this agreement before the Shaulis Road bond is approved. Jamie Knutson commented that the time -frame for opening the theme park is Spring of 2022 and the road needs to be completed prior to that. Mr. Morrissey questioned the time -frame for passing the Shaulis Road bond. Noel Anderson commented that they are hoping for June 2020. April 6, 2020 Page 15 Mr. Boesen questioned if these are TIF bonds or GO bonds that Jamie Knutson had mentioned. Noel Anderson explained that the bonds would be repaid with TIF and other funding sources in the development agreement with includes hotel/motel. Michelle Weidner, Chief Financial Officer, explained that she would need to review the funding and cannot answer at this time. Mrs. Klein questioned if this was originally included in the bond issue or was it stuck in at the last minute because we didn't know how to fund it. Noel Anderson explained that the Shaulis Road improvements had always been planned as part of the theme park development. Mrs. Klein commented that the last time staff spoke to council it was stated that funding had not yet been determined. Noel Anderson commented that the reference at the time was for the $135,000 out of the road use tax portion that would pay for immediate bills before the bonding. Resolution adopted and upon approval by Mayor assigned No. 2020-233. 157680 - Feuss/Grieder that "Resolution approving Acceptance of Improvements of Bamboo Ridge Area Sanitary Sewer Relocation and Improvements, submitted by Wayne Claassen Engineering and Surveying, Inc., and performed by Peterson Contractors, Inc., of Reinbeck, Iowa", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-234. 157681 - Feuss/Grieder that "Resolution approving an Access Agreement with H & A, L.C., to gain right of entry to conduct wetland survey on property located between Independence Avenue and the Yard Waste Site, 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. 2020-235. 157682 - Juon/Feuss that "Resolution approving an Agreement with the Iowa Department of Transportation through the Competitive Highway Bridge Program (CHBP), in an amount not to exceed $12.5 million, with the City paying the balance, in conjunction with the replacement of the 11th Street and Park Avenue Bridges, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Boesen questioned if the $12.5 million is close to what will be spent. Jamie Knutson commented that the City would have to pay for the design along with any overages in the construction. He stated that staff are working to ensure they stay within the $12.5 million. He further explained the timeline for the project. Resolution adopted and upon approval by Mayor assigned No. 2020-236. 157683 - Juon/Feuss that "Resolution authorizing a partnership with the Iowa Initiative for Sustainable Communities, a program of the University of Iowa, in the amount of $50,000", be adopted. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. April 6, 2020 Page 16 Mr. Grieder questioned how this would be affected if there is not an academic year for 2021 in a physical setting due to the ongoing healthcare concerns going on in the world. Wendy Bowman explained that if there is no academic year, there would be no program and the city would not be on the line for any monies. Mr. Boesen questioned if the funding has been identified for the partnership. Wendy Bowman explained that until projects are identified, source of funds cannot be determined; however it could be in partnership with the county, or with the Cedar Valley Trails or could be through grants. Mr. Boesen clarified that there is a good chance that funding can be spread out from various sources. Mrs. Juon questioned if students might be used to assist in a city-wide planning process such as what the Mayor has talked about and if monies have already been put into the budget for that. Wendy Bowman confirmed and explained that some of the projects may have already be identified and budgeted for. Mrs. Juon commented that sometimes entities end up with "make work" rather than getting planned work done. Wendy Bowman commented that these are graduate level students that are about to graduate and faculty are assisting on the project as well. Resolution adopted and upon approval by Mayor assigned No. 2020-237. 157684- Juon/Fuss that "Resolution approving a Proposal with Advanced Environmental Testing and Abatement, Inc., of Waterloo, Iowa, in conjunction with the Waste Management Services Bio-solids Modification Project, Contract No. 994, 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. 2020-238. 157685 - Grieder/Feuss that "Resolution approving a Memorandum of Understanding between Black Hawk County Pheasants Forever Chapter, for a Pollinator Planting Project at the Northeast corner of Martin Road and Highway 63, 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. 2020-239. 157686 - Grieder/Feuss that "Resolution urging the Governor of Iowa to issue a shelter in place order in response to the COVID-19 pandemic', be adopted. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. Mr. Grieder provided an overview of the resolution and stated he would like to change the wording from "shelter in place" to "safety at home". Mrs. Juon commented that she has heard from many asking why we need this since the Governor has already authorized guidelines. She explained the reason that she will support this item is because she believes having a state-wide order carries a degree of severity on the importance of a mandate and that a lot of people are not taking it seriously. Mrs. Klein commented that she admires the governor and the job she is doing in managing. this state through the pandemic. She stated that she does not believe the resolution is needed and that people and businesses are doing their part. April 6, 2020 Page 17 Mr. Morrissey questioned if an amendment is needed to change the proposed wording. Kelley Felchle confirmed. Mayor Hart asked if the wording could be changed to "safe at home" instead of "safety at home". Mr. Grieder affirmed. 157687 - Morrissey/Grieder Motion to strike the phrase "shelter in place" and insert in lieu thereof the phrase "safe at home." Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-240. ORDINANCES 157688 - 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, approving a rezone of certain property, located north of 5225 Dysart Road", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Four. Nays: Three (Morrissey, Klein, and Grieder). Motion carried. Mayor Hart read comments from John and Reta Humpal, 5222 Dysart Road, they expressed concerns regarding traffic surrounding the proposed site. Mayor Hart read email comments from Mary Kaufman concerning traffic on Dysart Road, and that she believes rezoning farmland for Dollar General decreases the value of the neighborhood and it is detrimental for all residents on Dysart Road. She requests that council turn down Dollar General's appeal to build on Highway 218 with an entrance off Dysart Road. Joe Russow, Farnsworth Group and representing the proposed developer for the store, commented that additional information and clarifications have been submitted to Noel Anderson, regarding questions from the March 23, 2020 meeting. Mr. Boesen commented that he is in favor of a better -looking fagade but questioned who is responsible for clearing the brush to improve visibility along the curve. Joe Russow explained that Dollar General has committed to taking responsibility for the brush removal Mr. Morrissey commented that if approved, he believes in five to ten years the area will be a traffic quagmire. He also stated that the City would be violating a zoning ordinance that does not allow for any re -zone that leads to the detriment of a district or neighborhood and he therefore does not support the resolution. Mayor Hart questioned if there was any flexibility that would allow for different facades and landscaping for this project. Mr. Russow confirmed that they do have the ability to modify and upgrade. Mr. Boesen commented on the need to reduce the speed limit on that stretch of Dysart Road and he looks forward to the traffic study. Mrs. Juon commented that she is much more likely to approve the project with an improved enhanced design to the building and landscape. 157689 - Morrissey/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Zero. Nays: Seven (Boesen, Amos, Morrissey, Klein, Amos, Grieder, Feuss, and Juon). Motion failed. Apri16, 2020 Page 18 OTHER COUNCIL BUSINESS 157690- Boesen/Feuss that Change Order No. 1 to Henkel Construction Company of Mason City, Iowa, for a net increase of $44,013, in conjunction with the Five Sullivan Brothers Kitchen Improvements Project, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 157691 - Feuss/Grieder that the Council adjourn at 8:31 p.m. Voice vote -Ayes: Seven. Motion carried. 4JL'�' elley Fel le City Clerk