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HomeMy WebLinkAbout03.07.2022 Regular Session MinutesMarch 7, 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, March 7, 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: Mayor Quentin Hart 107012 - Feuss/Amos that the Agenda, as proposed, for the Regular Session on Monday, March 7, 2022, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 107013 - Feuss/Amos that the Minutes, as proposed, for the Regular Session on Monday, February 21, 2022, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. PUBLIC COMMENTS Jason Boge, 2141 Logan Avenue, commented on several issues he has had with his landlord and said that city staff and other key people have been protecting him because he is a wealthy man who owns many properties and has ties to the city. He stated that he is here to represent thousands of tenants who rent from landlords like his, who do not take responsibility to fix internal and external household items. He asks that council and the D.A. pass the abatement laws defined in, Chapter 9, Title 7, to assist tenants with landlords like his. Tony Vieth, Landlord of 2141 Logan Avenue, responded to the comments made by Jason Boge. He listed all of the improvements he has made at the request of Mr. Boge over the two months he has lived on the property. The amount spent so far is $8,603. He stated that the original contractor he hired politely requested to not do anymore work replacing the shower due to Mr. Boge creating a repair list a mile long, demanding unauthorized repairs and making the contractor feel uncomfortable. A second contractor provided an estimate to repair the shower, but cancelled after Mr. Boge insulted his project scheduler. A third contractor sent a letter stating they would no longer do work at Mr. Boge's duplex due to his demeanor, constant messaging and calling his employees at all hours of the night on their personal cell phones. He left threatening messages if his calls were not returned. He stated that he has found a contractor that will do the shower repairs if Mr. Boge is not on site. Mr. Boesen questioned of the $8,000 that was put into the unit, how much of it was for life safety compared to other repairs. Tony Vieth explained there was $4,800 for electrical, $1,076 for flooring and $775 for refrigerator. Mr. Boesen questioned if the unit was registered and had previously been inspected, then commented that the fees incurred would have been necessary to bring the rental unit up to compliance. Mr. Vieth confirmed that the property is registered but had not been inspected and that Mr. Boge had called the city inspector to request the inspection. Ms. Wilder questioned when the shower would be fixed. Tony Veith explained that he has a contractor willing to do the work if the tenant will not be home when the work is being done. He expects the quote within the next day or two. 107014 - Amos/Boesen that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA March 7, 2022 Page 2 107015 - Amos/Chiles that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. a. b. c. d. e. 1. Resolution approving Finance Committee Invoice Summary Report, dated February 28, 2022, in the amount of $3,369,637.53, and March 7, 2022, in the amount $1,528,324.10 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. 2022-127. 2. Resolution setting date of public hearing as March 21, 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, located north of 2550 GT Drive, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2022-128. 3. Resolution setting date of public hearing as March 21, 2022, to authorize the sale and conveyance of City property located at 235 Newell Street, in the amount of $175,000.00, to John Bosco, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2022-129. 4. Resolution setting date of public hearing as March 24, 2022 to approve the FYE 2023 budget, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2022-130. 5. Resolution approving preliminary plans, specifications, form of contract etc., setting date of bid opening as March 31, 2022 and date of public hearing as April 18, 2022, in conjunction with the FY 2023 Complaint Mowing with Complaint Snow Removal Contract, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2022-131. b. Motion to approve the following: Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Todd Derifield, Parks Superintendent/City Forester Iowa Park and Recreation Spring Conference 2022 Dubuque, IA March 21-24, 2022 $635.00 Officers Wilson, Schaaf, Hoelscher, Girsch, Tindall and Nichols State required Firearms Instructor Recertification Johnston, IA May 5, 2022 $1,490.00 Officers Nichols and Wilson Rifle Instructor Certification Course Johnston, IA April 18-22, 2022 $2,315.00 Officer Weber Drug Recognition Expert Certification Des Moines, IA March 21 - April 1, 2022 $390.00 Officers Montalvo, Gasca-Muniz and Cooper Iowa Law Enforcement Basic Academy (Hawkeye Community College) Waterloo, IA March 21 - May 27, 2022 $16,200.00 March 7, 2022 Page 3 2. a. b. c. d. e. f. g. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Amigo Mexican Restaurant, 1415 San Martian Drive C Liquor w/Outdoor Service Renewal 2/28/2023 x The Comfort Zone, 213 E. 5th Street C Liquor Renewal 1/17/2023 x El Patron Family Mexican Restaurant, 301 E. 4th Street C Liquor w/Outdoor Service Renewal 2/28/2023 x Family Dollar #32879, 1608 University Avenue B Wine / C Beer New 2/2/2023 x Jim's Food, 437 Sullivan Avenue B Wine / C Beer / E Liquor Renewal 4/14/2023 x National Dairy Cattle Congress, 250 Ansborough Avenue C Liquor w/Outdoor Service Renewal 2/28/2023 x Snowden House, 306 Washington Street Special Class C Liquor w/Outdoor Service Renewal 12/14/2022 x 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Sarah Topliff International Property Maintenance Board March 15, 2025 Re -Appointment Carrie Chandler International Property Maintenance Board March 15, 2025 Re -Appointment Anthony Miller International Property Maintenance Board March 15, 2025 Re -Appointment Sherrie Jones International Property Maintenance Board March 15, 2024 Re -Appointment Rodney Curran Plumbing Board of Licensing, Examiners and Appeals May 28, 2025 Re -Appointment 4. Motion to approve Change Order No. 1 from KW Electric Inc., for a net increase of $53,011.75, in conjunction with the Downtown Traffic Fiber Optic Interconnect and Camera Project, Iowa DOT project number STBG-SWAP-8155(769)--SG-07, and authorizing the Mayor to execute said document. 5. Motion to approve the purchase of a one (1) 2020 Ford Transit in the amount of $36,675.00 and one (1) 2021 Ford Ranger in the amount of $34,680.00 from Victory Ford of Dyersville, Iowa for Waste Management Services. 6. Recommendation of appointment of Seth Long, from the current Civil Service List, to the position of Equipment Operator II in the Street Department, pending completion of physical and drug testing, effective March 21, 2022. 7. Bonds. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 107016 - Nichols/Amos that proof of publication of notice of public hearing on General Obligation Bonds - ECP-UR 2 - The issuance of not to exceed $3,500,000.00 General Obligation Bonds for essential corporate urban renewal purposes, as published in the Waterloo Courier on February 18, 2022, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. March 7, 2022 Page 4 This being the time and place of public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4th Street, commented on a recent article in the Courier by the Chief Financial Officer. Mayor Hart responded by providing an overview of the current projects, multi -faceted issues and challenges we're strategically and methodically working toward that prepare us for the long-range future of our city. Mr. Amos commented that he was quoted as saying he was frustrated and kicking the can down the road, but he was not the one that said that and wants to make the record clear. Mayor Hart commented on the various funding the city has to utilize. 107017 - Nichols/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 107018 - Nichols/Amos that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $3,500,000.00 General Obligation Bonds", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Boesen questioned if the $3.5 million is for the Convention Center Plaza improvements. Michelle Weidner, Chief Financial Officer, stated that it is the primary purpose, but there are some other projects in the works to finish the second floor. Mr. Boesen questioned if this amount would be enough to cover the second floor bathroom remodels. Michelle Weidner explained it would not. Mr. Boesen questioned how much had been spent at the Convention Center so far. Michelle Weidner explained that about $10 million has been spent so far. Mayor Hart shared that staff are still working to identify additional dollars for the project as well. Mr. Chiles questioned if the architects are sharing in the cost of not including cat walk repairs to the project. Michelle Weidner commented there are no plans for cost sharing. Mr. Chiles questioned if there was a boost to hotel/motel tax revenue due to the events occurring now. Michelle Weidner explained that the city has received the most recent quarterly payment of hotel/motel tax and it does show a rebound from the pandemic. Mayor Hart commented that recently there was a situation that required space for approximately eighty-eight people. The hotels were full and only twenty people or so where able to get accommodations, which is a good sign of an uptick which will continue trending in the right direction. Resolution adopted and upon approval by Mayor assigned No. 2022-132. 107019 - Boesen/Amos that proof of publication of notice of public hearing on Request by Top Notch Tile and Construction for a site plan amendment to the "M-2,P" Planned Industrial District to allow for the construction of a 4,800 square foot building as phase 1 and three future phases which total 19,200 square feet for future building expansions at property located Northeast of 2510 Leversee Road, on Warp Drive, as March 7, 2022 Page 5 published in the Waterloo Courier on February 25, 2022, 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. 107020 - Boesen/Amos 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. 107021 - Boesen/Amos 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 a 4,800 square foot building as phase 1 and three future phases which total 19,200 square feet for future building expansions at property located Northeast of 2510 Leversee Road, on Warp Drive", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Noel Anderson, Community Planning and Development Director, provided an overview of the project and said there have been no opposition to the request. 107022 - Boesen/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 107023 - Boesen/Amos 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 a 4,800 square foot building as phase 1 and three future phases which total 19,200 square feet for future building expansions at property located Northeast of 2510 Leversee Road, on Warp Drive", 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. 5633. 107024 - Amos/Wilder that proof of publication of notice of public hearing on sale and conveyance of property located on the easterly end of Warp Drive, to Top Notch Tile and Construction, LLC, in the amount of $1.00, and approval of a Development and Minimum Assessment Agreement in the amount of $250,000.00, for the development of a 4,800 square foot building with additional phases, as published in the Waterloo Courier on February 25, 2022, 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. 107025 - Amos/Wilder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 107026 - Amos/Wilder that "Resolution approving the sale and conveyance of city owned property located southeast of the intersection of Leversee Road and Lone Tree Road, in the amount of $1.00, to Top Notch Tile and Construction, LLC, and authorizing the Mayor and City Clerk to execute necessary documents. Mr. Chiles questioned how long the abatement would be on this property. March 7, 2022 Page 6 Noel Anderson, Community Planning and Development Director, provided the abatement schedule for this phased project. Mr. Boesen questioned if monies will stay in the TIF. Noel Anderson explained that a portion will go to debt service and a small amount that goes to the schools and county but the rest would stay in the TIF. Resolution adopted and upon approval by Mayor assigned No. 2022-133. 107027 - Amos/Wilder Resolution approving a Development and Minimum Assessment Agreement, in the amount of $250,000.00 with Top Notch Tile and Construction, LLC, 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. 2022-134. 107028 - Grieder/Chiles that proof of publication of notice of public hearing on FYE 2023 Budget Maximum Property Tax Levy Hearing, as published in the Waterloo Courier on February 22, 2022, 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. 4th Street, read from the City of Waterloo goals and requested clarification of this item and discrepancies published in the Courier. Forest Dillavou, 1725 Huntington Road, commented that the city needs to hold the line. He said the county is doing a good job for the taxpayers, and so is the state of Iowa. He urged council to do everything they can to help the citizens. He said today he watched the cost of fuel go up 30 cents in an hour and said that he has renters who cannot even afford to pay their heating bills. He encouraged council and staff to do with less like the citizens of Waterloo have to. Michelle Weidner, Chief Financial Officer, provided an overview of the numbers presented in this maximum property tax levy hearing and clarified that this is not the final hearing and is not the total tax levy. Mayor Hart questioned how much the commercial rollback is impacting this year's budget. Michelle Weidner explained that the city will lose about $300,000.00 this year from the previous year. Mayor Hart questioned how multi -residential has been affected. Michelle Weidner explained that particular sector's taxable value has dropped by about 40 percent and it will continue to decline. Mayor Hart questioned how the state changes impact residents. Michelle Weidner explained that it raises the taxes, because to fund the same services it takes a higher tax levy because the state is removing a source of revenue. 107029 - Grieder/Chiles that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 107030 - Grieder/Chiles that "Resolution approving the Maximum Property Tax Askings as defined under Iowa Code Section 384.15A in the amount of $39,094,486, an increase in applicable collections of $3,367,705, or 9.43% for the budget year ending June 30, 2023", be adopted. Roll -call vote -Ayes: Seven. Motion carried. March 7, 2022 Page 7 Mr. Grieder commented that our budget for personnel is approximately eighty percent. He questioned if people want to see this number lower, what personnel or services are you willing to cut. We have the smallest workforce for being one of the larger cities and our staff does an incredibly fine job. Comparing the city budget to a household budget is not an apples to apples comparison, and it is not fair to expect that. Mr. Boesen commented that it important to understand that this is the maximum tax levy and everyone is going to work to decrease this and bring forward a workable budget. Resolution adopted and upon approval by Mayor assigned No. 2022-135. RESOLUTIONS 107031 - Amos/Wilder that "Resolution approving a Professional Services Agreement with HR Green, Inc., of Cedar Rapids, Iowa, in an amount not to exceed $21,922.00, in conjunction with the Waterloo Pavement Management Plan FY 2022-2029, 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. 2022-136. 107032 - Amos/Wilder that "Resolution approving a Development Agreement with Hydrite Chemical Co., in conjunction with construction of a new 13,200 square foot office building, with a Minimum Assessment Agreement adding $1,562,700.00 to the current assessed value of the property, and City and tax rebates of six years at fifty percent, and authorizing the Mayor and City Clerk execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Boesen requested that staff notify council ahead of time when items like this are coming down the pike so we do not read about it in the newspaper first. He would like to be informed so that when people call him, he has an answer. Noel Anderson, Community Planning and Development Director, agreed that staff would begin to reach out ahead of time. Resolution adopted and upon approval by Mayor assigned No. 2022-137. 107033 - Amos/Wilder that "Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $189,500, for engineering services in conjunction with the FY 2023 Sunnyside Creek Improvements Wet Detention Pond and Channel Stabilization Project, Contract No. 1062, 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. 2022-138. 107034 - Nichols/Boesen that "Resolution approving the purchase of property located at 232 Ricker Street Waterloo, Iowa, for the sum of $23,000.00 from Abigail Land Holdings, LLC and 11T IA LLC, and authorize the Mayor to sign the purchase and sale agreement and all necessary documents", be adopted. Roll call vote - Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned why we are purchasing the property. Rudy Jones, Community Development Director, commented on the partnership with Hawkeye Community College to build three new homes. They have since learned there were a number of vacant properties within the same neighborhood and felt it would complement the development. March 7, 2022 Page 8 Mayor and City Council discussed the project's goal of identifying and putting funds towards rehabilitating homes within the city of Waterloo. Resolution adopted and upon approval by Mayor assigned No. 2022-139. 107035 - Nichols/Boesen that "Resolution approving a Supplemental Agreement for the City of Waterloo 2030 Vision and Strategic Plan, in the amount of $24,755, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned whom the agreement is with. Mayor Hart commented that the agreement is with deNovo. Resolution adopted and upon approval by Mayor assigned No. 2022-140. 107036 - Grieder/Amos that "Resolution approving award of contract to Vieth Construction Corporation, of Cedar Falls, Iowa, in the amount of $ 1,692,500.00, and approving the contract, bonds and certificate of insurance, in conjunction with the Five Sullivan Brothers Convention Center Plaza Renovation Project, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mayor Hart provided an overview of the item. Mr. Boesen requested additional information on Alternate 1 from staff and shared his concern that the contract does not include any penalties for failure to complete on time. Mayor Hart commented that the goal is to have the project completed when the League of Cities is in Waterloo at the end of September. He commented that staff should provide timely project updates so council is very aware of the progress. Resolution adopted and upon approval by Mayor assigned No. 2022-141. 107037 - Grieder/Amos that "Resolution approving a sales order with Rebechini Studios, Inc. in the amount of $45,000 to complete the final design for the Sullivan Brothers Family Memorial", be adopted. Roll call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2022-142. ORDINANCES 107038 - Amos/Grieder that "an ordinance amending the City of Waterloo Code of Ordinances by repealing Section 7, Exceptions, of Chapter 5B, Weeds, Title 7, Public Ways and Property and enacting in lieu thereof a new code section", be received, placed on file, considered and passed for the first time. Roll call vote - Ayes: Seven. Motion carried. Martin Petersen, City Attorney, commented that people are getting ready to plant their gardens so it would be helpful if the second and third readings were waived. 107039 - 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. 107040 - Amos/Grieder March 7, 2022 Page 9 that "an ordinance amending the City of Waterloo Code of Ordinances by repealing Section 7, Exceptions, of Chapter 5B, Weeds, Title 7, Public Ways and Property and enacting in lieu thereof a new code section", 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. 5634. 107041 - Chiles/Amos that "an ordinance amending the City of Waterloo Traffic Code by adding Subsection (157b) Greyhound Drive, both sides of street from West Ridgeway Avenue to Sergeant Road (Hwy. 63), to Section 551, Parking Prohibited At All Times On Certain Streets", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven. Motion carried. Mr. Boesen commented that he supports the ordinance but is concerned that this just moves the problem, it does not solve it and stated that he believes that the whole area should be no parking. He further commented that we need to be sure we will have enforcement. Sandie Greco, Traffic Operations Director, commented that the plan is to bring forth another ordinance for the other streets. Mr. Boesen questioned the timeframe and if there would be a work session beforehand. Sandie Greco stated it is up to council whether they would like a work session first or not, and that either can be added to the next meeting in two weeks. Mr. Chiles commented that he would like the item brought back in two weeks. Mr. Amos questioned what the enforcement mechanism would be on this ordinance. Joel Fitzgerald, Police Chief, commented that the officers can enforce the ordinance by issuing parking citations and they would make the NPO working the area aware of the problem so that they can frequently check when they are not occupied with another call. 107042 - Chiles/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 107043 - Chiles/Amos that "an ordinance amending the City of Waterloo Traffic Code by adding Subsection (157b) Greyhound Drive, both sides of street from West Ridgeway Avenue to Sergeant Road (Hwy. 63), to Section 551, Parking Prohibited At All Times On Certain Streets", 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. 5635. OTHER COUNCIL BUSINESS 107044 - Amos/Wilder To post pone until next meeting, the "Resolution approving Private Property Native Planting Regulations". Roll call vote -Ayes: Seven. Motion carried. 107045 - Boesen/Amos that the council adjourn to Executive Session at 6:55 p.m. Roll call vote -Ayes: Seven. Motion carried. City Attorney Martin Petersen stated that discussion of strategy in matters relating to employment conditions of employees not covered by a collective bargaining agreement is an approved topic of Executive Session pursuant to Iowa Code Section 21.9. March 7, 2022 Page 10 EXECUTIVE SESSION 107046 - Grieder/Boesen that the council adjourn Executive Session at 7:20 p.m. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 107047 - Grieder/Boesen that the Council adjourn at 7:20 p.m. Voice vote -Ayes: Seven. Motion carried. 7(elley Felchle DIGITALLY SIGNED Kelley Felchle City Clerk