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HomeMy WebLinkAbout01.03.22 Regular Session Minutes January 3, 2022 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, January 3, 2022. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Nichols, Amos, Chiles, Grieder, Wilder and Feuss,joined the meeting via Zoom. Prayer or Moment of Silence. Pledge of Allegiance: Jerome Amos, Ward 4 Council Member 160832 - Feuss/Amos that the Agenda, as proposed, for the Regular Session on Monday, January 3, 2022, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 160833 - Feuss/Amos that the Minutes, as proposed, for the Regular Session on Monday, December 20, 2021, at 5:30 p.m., and the Work Session of December 20, 2021, at 4:00 p.m., be accepted and approved. Voice vote- Ayes: Seven. Motion carried. Council members Nichols, Chiles and Wilder each expressed their gratitude and they look forward to working together as a council to serve the community for the next four years. PUBLIC COMMENTS David Dryer, 3145 W. 4th Street, shared that he submitted a letter to the editor about a homeless shelter and he noticed that at the end of the meeting the council has an executive session on purchasing additional property. He questioned why the city does not find grants or city funds to help the homeless. Alan Green, 1205 Lois Lane, Recently moved back to Waterloo. Wanted to share that he is impressed with the changes that have occurred within the community since he has moved back. Mr. Feuss requested an update on downtown snow removal efforts. Randy Bennett, Public Works Division Manager,provided an update on modifications he and his crews have made to removing snow from downtown. Mr. Boesen commented that he has received questions about the meeting not streaming on YouTube. Chris Youngblut, IT Director, shared that there usually is a delay when the meeting airs live on YouTube but this appears to be a significant delay. He said the meeting is being recorded and will be uploaded as soon as it is available. 160834 - Feuss/Amos that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 160835 - Feuss/Grieder 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 January 3, 2022, in the amount of$4,088,238.23, 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. 2022-001. January 3, 2022 Page 2 2. Resolution approving the request of Emily Thompson, for tax exemptions on the construction of a new single family home valued at $406,621 for property located at 1443 Audubon Drive, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2022-002. 3. Resolution approving the request of Jason and Emily Dougherty, for tax exemptions on the construction of a new single family home valued at $370,000 for property located at 1620 Blue Wing Drive, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2022-003. 4. Resolution approving the request of Choyo Wilson-Daniel, for tax exemptions on the construction of a new single family home valued at $407,631 for property located at 1461 Audubon Drive, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2022-004. 5. Resolution approving the request of Nenud Dostunic, for tax exemptions on the construction of a new single family home valued at $323,756 for property located at 3350 Lincolnshire Road, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2022-005. 6. Resolution approving the request by the City of Waterloo to rename Hess Road to La Porte Road, between Shaulis Road and Grimm Street. Resolution adopted and upon approval by Mayor assigned No. 2022-006. 7. Resolution approving a request by the City of Waterloo to rename public street Dublin Drive to private street Dublin Drive, located east of 1422 Irish Drive. Resolution adopted and upon approval by Mayor assigned No. 2022-007. 8. Resolution setting date of public hearing as January 18, 2022 to authorize the sale and conveyance of a portion of a city-owned lot, located northerly of 1217 Sycamore Street, to Lola Montgomery, in the amount of$549.12,plus closing costs, and authorize the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2022-008. 9. Resolution setting date of public hearing as January 18, 2022, to approve the request by Gray Transportation for a site plan amendment to the "M-2,P"Planned Industrial District, to allow for the expansion of their site at 2459 GT Drive, with an additional 116 foot by 80 foot truck maintenance facility, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2022-009. 10. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as February 3, 2022, and date of public hearing as February 7, 2022, in conjunction with the Five Sullivan Brothers Convention Center Plaza Renovation Project, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2022-010. b. Motion to approve the following: January 3, 2022 Page 3 1 Travel Requests Name &Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. Lieutenants Charles Smoke Diver hosted Jacksonville, February 20- $2,713.00 Donohue and Jonathan by the Mississippi MS 25, 2022 Kieler and Firefighter State Fire Academy Jonathan Eastman b. Tim Andera, Economic Heartland Economic Blue April 26-29, $1,745.00 Development Specialist Development Course Springs, MO 2022 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re-Appointment Mary Potter Water Works Board January 12, 2028 Re-Appointment Tina Hummel Community Development August 14, 2023 New Board Zach Hansen Main Street Waterloo December 31, 2022 Re-Appointment Redevelopment Authority Samantha Meier Main Street Waterloo December 31, 2024 New Redevelopment Authority Nicholas Hedrick Main Street Waterloo December 31, 2024 New Redevelopment Authority Purvis Williams Main Street Waterloo December 31, 2024 New Redevelopment Authority Brandon Alvarado Main Street Waterloo December 31, 2022 New Redevelopment Authority Michael Huisman Main Street Waterloo December 31, 2022 New Redevelopment Authority Brendon Wagner Main Street Waterloo December 31, 2022 New g Redevelopment Board Roll call vote-Ayes: Seven. Motion carried. PUBLIC HEARINGS 160836 - Amos/Grieder that proof of publication of notice of public hearing on a request by 3 Stooges, LLC, for a site plan amendment to the "M-2,P"Planned Industrial District to allow for the construction of three (3)new commercial buildings on their site on Martin Road, located north of 2010 West Ridgeway Avenue, as published in the Waterloo Courier on December 23, 2021, 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. 160837 - Amos/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. 160838 - Amos/Grieder 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 site plan amendment to the "M-2,P" Planned Industrial District to allow for the construction of three (3) new commercial buildings on their site on Martin Road, located north of 2010 West Ridgeway Avenue", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. January 3, 2022 Page 4 160839 - Amos/Grieder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 160840 - Amos/Grieder 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 site plan amendment to the "M-2,P" Planned Industrial District to allow for the construction of three (3) new commercial buildings on their site on Martin Road, located north of 2010 West Ridgeway 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. 5630. RESOLUTIONS 160841 - Feuss/Amos that"Resolution approving the Experience Waterloo Board recommendation for funding in the Partner and Event Hotel/Motel Tax Grant funds for third and fourth quarters of FY 2022, in the amount of $38,000", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Boesen questioned if we often fund through our Hotel/Motel events in Cedar Falls and if we have done it in the past. Tavis Hall,Experience Waterloo Director, shared that in the past they will fund some events that occur in Cedar Falls at a lower amount because it also fills a number of Waterloo hotels. Mr. Boesen questioned how the economic impact to Waterloo is determined. Tavis Hall explained that the system does not calculate dollars spent separately between the two cities, so unfortunately it is a combined figure. Resolution adopted and upon approval by Mayor assigned No. 2022-011. 160842 - Feuss/Amos that"Resolution approving a Grant Agreement with Black Hawk Gaming, in the amount of$400,000, for the Cedar River Lighting Project, 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. 2022-012. 160843 - Feuss/Amos that "Resolution approving a Temporary Construction Easement Agreement with Sandra L. Utsler, Angela C. Lund and Danielle Utsler-Stone, in the amount of $394.94, in conjunction with reconstruction of the 11th Street Bridge located at 181 West 11th Street, 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. 2022-013. 160844 - Boesen/Feuss that"Resolution approving a Temporary Construction Easement Agreement with C and S Properties, LC, in the amount of$198.63, in conjunction with reconstruction of the 11th Street Bridge located at 185-189 West 11th Street, 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. 2022-014. January 3, 2022 Page 5 160845 - Boesen/Feuss that "Resolution approving a Temporary Construction Easement Agreement with Howard Allen Investments, Inc., in the amount of$1,808.61, in conjunction with reconstruction of the Park Avenue Bridge located at the northwest corner the Park Avenue Bride and the Cedar River, 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. 2022-015. 160846 - Boesen/Feuss that"Resolution approving a Temporary Construction Easement Agreement with U.S. Bank National Association,in the amount of$1,268.47,in conjunction with reconstruction of the Park Avenue Bridge located at the northwest corner the Park Avenue Bridge and the Cedar River, 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. 2022-016. 160847 - Nichols/Feuss that "Resolution approving an Acquisition Contract with Burk A. Miehe and Julianne D. Miehe, to acquire 0.81 acres of right-of-way and approving a temporary easement agreement for 0.36 acres, in the amount of$11,178, and up to $1,000 in closing costs, located north of 6216 Hammond Avenue, in conjunction with the Hammond Avenue Sink Creek Bridge Construction Project, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Boesen questioned what has caused the delay in the project and if there is a timetable on moving it forward faster. Jamie Knutson, City Engineer, shared that much of the progress on the project has been delayed through property acquisition and permitting through DNR and FEMA. Best case is going to bid in the spring and worst case is going to bid in the fall of this year. Resolution adopted and upon approval by Mayor assigned No. 2022-017. 160848 - Nichols/Feuss that "Resolution approving a Professional Services Agreement with Strand Associates of Madison, Wisconsin, in an amount not to exceed $20,000, in conjunction with engineering services for the Wastewater Treatment Plant and Collection Systems Operations Project, 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. 2022-018. 160849 - Nichols/Feuss that"Resolution approving a request by the City of Waterloo for the Final Plat of Borwig Addition, a 6-lot residential subdivision located south of 203 Fairfield Street", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-019. 160850 - Amos/Feuss that "Resolution approving construction plans for the Schoitz Addition Private Sanitary Sewer Extension Project, as submitted by Crawford Engineering & Surveying, Inc., of Independence, Iowa, and a Sewage Treatment Agreement, DNR Form 29 (Nov 00) with the Department of Natural Resources, and 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. January 3, 2022 Page 6 Resolution adopted and upon approval by Mayor assigned No. 2022-020. 160851 - Amos/Feuss that "Resolution approving Amendment No. 6 to the Development Agreement with Central Property Holdings, LLC, originally executed August 17, 2017, to raise the minimum assessed value from $2.5 million to $4.0 million, and eliminate the mortgage on the property, for the All-In Grocers Project, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Noel Anderson,Community Planning and Development Director,provided an overview of the original development agreement and the changes that have been made through amendments. He explained how the increase in value was determined and noted that the development agreement includes reversionary language and rights that would protect the city. Forest Dillavou, 1725 Huntington Road, commented that the city has already given $2 million dollars to the developer and if the mortgage is released then the property could be sold by the developer. He shared that the city has been paying interest on this project for five years. He stated that he is disappointed with the agreement especially when a city employee is getting some of the benefit. Mayor Hart questioned the city's obligation and what happens if it cannot be built. Noel Anderson provided an explanation of the city's reversionary rights. David Dryer, 3145 W. 4th Street, shared that as a member of the American Legion Post #285 in Parkersburg; he shared how they carried out fundraising with the community and stayed on track and on time. Lack of progress with this project creates skepticism with the public. He added that he wants to see the building built but does not think the city should continue to extend and amend the agreement. Mr. Boesen questioned the specifics of the reversionary language,the performance bond requirements and why are we only including $400,000 of the mortgage and not the $500,000 grant portion given to this project. Noel Anderson provided clarity of the reversionary language. Mr. Boesen commented on the requirements outlined in the development agreement and questioned if the city has received a performance bond in an amount not less than two million dollars. Noel Anderson commented that is not sure off-hand and would have to check. Mr. Boesen questioned if the financing for the project is contingent upon releasing our portion of the mortgage because he was of the understanding the financing had closed in the middle of December. Noel Anderson explained there has been one closing and another set of documents are being finalized, and it is his understanding that the release of the mortgage was required for that second action. Mr. Boesen questioned why the mortgage release did not come up to council previously when they were trying to secure financing in December. Noel Anderson commented that he is uncertain why this information did not come forward earlier as he was just made aware. Michelle Weidner, Chief Financial Officer, commented that the city has paid out $300,000 of the $500,000 grant and that they have invoices that have been paid to date. Mr. Boesen explained that he is hesitate to vote on this without the information requested. He questioned if the city's investment includes the ten-year tax abatement s at eighty-percent. Noel Anderson commented that he believes that it includes the rebate that was estimated. 160852 - Boesen/Feuss January 3, 2022 Page 7 To postpone to January 18 to get further information on the performance bond. Roll call vote-Ayes: Five. Nays: Two (Amos and Wilder). Motion carried. 160853 - Grieder/Feuss that "Resolution appointing UMB Bank. N.A. of Kansas City, Missouri, to serve as Paying Agent, Bond Registrar, and Transfer Agent and approving the Paying Agent, Bond Registrar and Transfer Agent Agreement in conjunction with the $14,075,000 Taxable General Obligation Bonds, Series 2022A, 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. 2022-021. 160854 - Grieder/Feuss that "Resolution authorizing and providing for the issuance and levying a tax to pay the Bonds and Approval of the Continuing Disclosure Certificate, in conjunction with the $14,075,000 General Obligation Bonds, Taxable Series 2022A, 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. 2022-022. 160855 - Feuss/Boesen that the council adjourn to Executive Session at 6:26 p.m. Roll call vote-Ayes: Seven. Motion carried. City Attorney Martin Petersen stated that discussion on the purchase of real estate is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)0). EXECUTIVE SESSION 160856 - Feuss/Grieder that the council adjourn Executive Session at 7:25 p.m. Voice vote-Ayes: Seven. Motion carried. ADJOURNMENT 160857 - Feuss/Boesen that the Council adjourn at 7:25 p.m. Voice vote-Ayes: Seven. Motion carried. Y,eCCey Eekhre Kelley Felchle City Clerk