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HomeMy WebLinkAboutMinutes-11/13/2006November 13, 2006 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, November 13, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Absent: Kincaid. Moment of Silence. Pledge of Allegiance: Troop 1 - St. Edwards School; Drew Kline and Collin Beyer 124468 - Schmitt/Cole that the Agenda, as amended to add Item 20a, for the Regular Session on Monday, November 13, 2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Kincaid. Motion carried. 124469 - Schmitt/Cole that the Minutes, as proposed, for the Regular Session on Monday, November 6, 2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Kincaid. Motion carried. Mayor Hurley read a Proclamation declaring November 19-25, 2006 as Cedar Valley's National Family Week. Mayor Hurley read a Proclamation declaring the month of November 2006 as Cedar Valley United Way Month. A video "Old Way/United Way" was shown. CONSENT AGENDA 124470 - Schmitt/Welper that the following items on the consent agenda be received, placed on file and approved: a. Resolution to approve the following: 1. Resolution approving Schedule AP640, pp. 1-103, dated November 13, 2006, in the amount of $2,872,845.07, 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. 2006-979. b. Motion to approve the following: 1. Communication from Leisure Services Director transmitting appointment of Roger Allen to the position of Leisure Services Mechanic, effective November 14, 2006. 2. Communication from Superintendent of Waste Management Services transmitting recommendation of appointment of Craig Billerbeck to the position of Laboratory Technician, pending pre-employment exam. 3. Communication from Superintendent of Waste Management Services transmitting recommendation of appointment of Werner Wittmann to the position of Instrumentation Control Technician, pending pre-employment exam. 4. Cultural & Arts Commission staff, Gift Store Committee and Board Members to travel to Madison, Milwaukee, Chicago and Quad Cities on November 16- 19, 2006, with costs not to exceed $2,255.00, including use of city vehicle. c. Beer/Wine License Permit Application Class C Euro Grill, 1010 East Mitchell Avenue (New) (Expires 11/11/07) (Includes Sunday Sales) d. Beer License Permit Application Class B LaMichuacana Restaurant, 1221 Franklin Street (Renewal) (E4pires 11/11/07) (Includes Sunday Sales) November 13, 2006 Consent Agenda continued Page 2 e. Liquor License Permit Application Class E Wine & Spirits, 2126 Kimball Avenue (Renewal) (Expires 11/14/07) (Includes Sunday Sales) f. Wine License Permit Application Class B Wine & Spirits, 2126 Kimball Avenue (Renewal) (Expires 11/14/07) (Includes Sunday Sales) g. Beer License Permit Application Class C Wine & Spirits, 2126 Kimball Avenue (Renewal) (Expires 11/14/07) (Includes Sunday Sales) h. Beer/Liquor License Permit Application Class C The Winning Edge, 341 Fletcher Avenue (Renewal) (Expires 12/2/07) (Includes Sunday Sales) Ayes: Six. Absent: Kincaid. Motion carried. PETITIONS FROM PUBLIC 124471 - Gunderson/Greenwood that communication from Senior Planner transmitting request of Deer Creek Development for a site plan amendment to the "M-2,16" Planned Industrial District for Greenbelt Centre Park generally located just west of Greyhound Drive, just north of the former Greyhound Park to allow for development of a Gold's Gym and Mauer Eye Center Spa, be received, placed on file and "Resolution setting date of hearing as December 4, 2006, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-980. 124472 - Gunderson/Greenwood that communication from City Planner transmitting Development Agreement with Robert J. Messerer to sell and covey for $1.00 city -owned property generally located at the northwesterly corner of West 10th Street and Jefferson Street to construct a commercial building with an estimated value of $80,000.00, be received, placed on file and "Resolution setting date of hearing as December 4, 2006, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-981. 124473 - Gunderson/Greenwood that communication from City Planner transmitting Development Agreement with Carl and Susan Spathe to sell and convey for $100.00 city -owned property generally located in the 200 block of Mullan Avenue for construction of a commercial building with an estimated value of $45,000.00, be received, placed on file and "Resolution setting date of hearing as December 4, 2006, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-982. 124474 - Gunderson/Greenwood that communication from Senior Planner transmitting request of Invision Architecture on behalf of Grout Museum to vacate, sell and convey for $1.00 a 3.5 foot portion of excess right-of-way generally located along West Park Avenue between Washington and South Streets to accommodate expansion of the Grout Museum, be received, placed on file and "Resolution setting date of hearing as December 4, 2006, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-983. • 4 • • November 13, 2006 Petitions from Public continued 124475 - Gunderson/Greenwood Page 3 that communication from City Planner transmitting request of Jerry Weekly to purchase for $2,500.00 two metal pole buildings generally located at the corner of East 8th Street and Sycamore Street, be received, placed on file and "Resolution setting date of hearing as December 4, 2006, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-984. DOCUMENTS 124476 - Welper/Schmitt that communication from Community Planning and Development Director transmitting agreement with Terracon Consulting Engineers & Scientists of Cedar Falls, Iowa at a cost of $5,725.00 to complete a limited site investigation for the Expo Project, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Noel Anderson, City Planner, reported the city is using downtown acquisition GO Bonds for this agreement. The area for the site investigation covers the entire block. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-985. 124477 - Welper/Schmitt that communication from Community Planning and Development Director transmitting amendment #1 to the agreement with Craig Ritland Landscape Architects for design services at a cost not to exceed $36,000.00 for the Waterloo Exposition Grounds, Phase I, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Noel Anderson, City Planner, stated the cost for this agreement would be paid by the WDC using gaming revenues for the Downtown Master Plan. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-986. 124478 - Welper/Schmitt that communication from Associate Engineer transmitting agreement with Ament, Inc. for additional surveying and design engineering services at a cost not to exceed $20,000.00 for the F.Y. 2006 Donald Street Trail, Contract No. 700, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-987. RESOLUTIONS TO BE ADOPTED 124479 - Schmitt/Welper that communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Martin Road Tax Increment District, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-988. November 13, 2006 Resolutions to be Adopted continued Page 4 124480 - Schmitt/Welper that communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with San Marnan Tax Increment District, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-989. 124481 - Schmitt/Welper that communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Airport Tax Increment District, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-990. 124482 - Schmitt/Welper that communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Northeast Industrial Tax Increment District, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-991. 124483 - Schmitt/Welper that communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Downtown Tax Increment District, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-992. 124484 - Schmitt/Welper that communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Rath Tax Increment District, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-993. 124485 - Schmitt/Welper that communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Logan Avenue Tax Increment District, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-994. 124486 - Schmitt/Welper that communication from Community Planning and Development Director transmitting request to certify to the County Auditor expenditures that qualify for reimbursement in the Tax Increment Fund (TIF) in conjunction with Cattle Congress Tax Increment District, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. November 13, 2006 Page 5 Resolutions to be Adopted continued Prior to a vote on the above motion, the following comments were heard. Michelle Weidner, Chief Financial Officer, reported this allows the city to collect the tax increment revenues from each of those districts and use it to retire those obligations, so its just specifying the TIF revenue. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-995. 124487 Cole/Schmitt that "Resolution supporting The Ridge at Waterloo's application for Tax Credits from the Iowa Finance Authority to build a multifamily apartment community (80 garden style units) in the vacant site north of the Super Target development between Camelot Drive and Bethel Street", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley explained when the council offers a resolution of support its part of the protocol and doesn't mean that the city is spending money on these projects. Noel Anderson, City Planner, reported that the developer has changed the development from 80 units to 72 units. This is all part of the Iowa Finance Authority process, and one of the things that the State likes to see is city council's support. Mayor Hurley stated as a result of past proposals, the council wisely suggested that before they come back again the developers do some homework, including meeting with the neighborhoods, and those requirements have been met on both items 18 and 19. They sent us a market analysis, etc. Mr. Anderson stated both applicants tonight sent quite a bit of information and they did meet with the people within 250 feet of their sites and any of the neighborhood organizations. Staff was at both of the neighborhood meetings, and there was no opposition shown at the meetings. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-996. 124488 - Getty/Cole that "Resolution supporting Whitman Point's application for Tax Credits from the Iowa Finance Authority to build a 50-60 unit affordable assisted senior living facility within the 1100 block of Flammang Drive on the south side of the road", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-997. 124489 - Getty/Schmitt that "Resolution approving request of Fire Chief to sell ladder and torque box portion of old Platform 311 for $45,000.00 to Pierce Manufacturing of Weyauwega, Wisconsin", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-998. 124490 - Welper/Gunderson that "Resolution approving Letter of Support of Main Street Waterloo's application to the Iowa Department of Economic Development for a $100,000.00 Main Street Challenge Grant for the Newton Building", be adopted and Mayor authorized to execute same. November 13, 2006 Resolutions to be Adopted continued Prior to a vote on the above motion, the following comments were heard. Mayor Hurley reported the city has done this twice in the past, for the Fowler Project and also for the Blacks Building. This is for the Newton Building, which is a 136 year old building. It has had the jewelry store for the last 60 years, and they are hoping to rehab that and bring it back to the splendor of the 40s and 50s. Mayor Hurley stated we hope that they are successful, and if the council approves this support that they get the grant from the Iowa Department of Economic Development to help them along. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Kincaid. Page 6 Resolution adopted and upon approval by Mayor assigned No. 2006-999. ORDINANCES TO BE ADOPTED 124491 - Cole/Schmitt that "an Ordinance amending the 2003 Traffic Code by adding Subsection. (252a) Maxhelen Blvd. to Section 551, Parking Prohibited At All Times On Certain Streets (prohibiting parking on both sides of Maxhelen Blvd.)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Kincaid. Motion carried. 124492 - Cole/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Kincaid. Motion carried. 124493 - Cole/Schmitt that "an Ordinance amending the 2003 Traffic Code by adding Subsection (252a) Maxhelen Blvd. to Section 551, Parking Prohibited At All Times On Certain Streets (prohibiting parking on both sides of Maxhelen Blvd.)", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Kincaid. Ordinance adopted and upon approval by Mayor assigned No. 4846. NEW BUSINESS 124494 - Greenwood/Gunderson that communication from Superintendent of Central Garage transmitting request to purchase a 2004 3 -wheel hydraulic drive street sweeper for the Street Department from EDM Equipment at a cost of $105,500.00, be received, placed on file and "Resolution setting date of hearing as November 20, 2006, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-1000. 124495 Getty/Greenwood to instruct Building Official/Maintenance Administrator to prepare plans, specifications, form of contract, etc. in conjunction with East Park Avenue Parking Ramp Renovation, be received, placed on file and approved. Ayes: Six. Absent: Kincaid. Motion carried. 124496 Getty/Greenwood that plans, specifications, form of contract, etc. in conjunction with East Park Avenue Parking Ramp Renovation, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 124497 - Getty/Greenwood that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-1001. November 13, 2006 New Business continued 124498 - Getty/Greenwood Page 7 that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as December 11, 2006 at 5:30 p.m. in the City Hall Council Chambers and taking bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2006-1002. ORAL PRESENTATIONS 124499 - Mark Kresowik, 279 Hammond Avenue No. 1, invited Mayor Hurley and Council Members to two upcoming events as a personal invitation from him. He is not the organizer of these events, but he thinks that they are important. The first event is the Waterloo Neighborhood Coalition's meeting at St. Paul's United Methodist Church at 7:00 p.m. on November 20, 2006. Mr. Kresowik stated Mayor Hurley was presentedtwo months ago to that coalition, LS Power recently was presented to that coalition and Community Energy Solutions' representatives will be presenting on November 20, 2006. At the other event, Reverend David Wood at First Presbyterian Church and Reverend Dave Web at St. Luke's Episcopal Church have organized a forum on clean energy and the religious response to global warming on Thursday, November 30, 2006 at First Presbyterian Church at 7:00 p.m. It will include a presentation, panel discussion and workshops on a few issues. Mr. Kresowik stated the specific issue he is here to address today is in regards to the Greater Cedar Valley Alliance's plans to conduct a study on the economic benefits of the coal plant proposed for the City of Waterloo. The Greater Cedar Valley Alliance is an excellent organization which receives lots of public support from groups like the mayor and council. Mr. Kresowik stated his issue is not with the Cedar Valley Alliance or even the study itself. We know that the economic benefits of this plant are important and should be identified but so should the economic costs. Among those are the loss of productivity due to increased sick days from the pollution, the potential for decreased residential property values, increased health care costs, and as the Waterloo -Cedar Falls Courier pointed out very well in a recent editorial, the economic costs of global warming are significant and should also be considered. Mr. Kresowik stated if there is any public money going to support this study, he thinks that should be expanded and something the council should be considering is that is there any public money that the city provides to the Greater Cedar Valley going to support this study. Mr. Kresowik stated if the results of the economic benefit study ever do come before the council, and again by the researchers own submission, its a very narrow, limited study for policy reasons, and that should those results come before the council, he asked them to weigh the considerations of the researcher very importantly. Mr. Kresowik stated many Waterloo residents have expressed a desire for increased understanding of the process that the city council and the community will go through in terms of annexation and rezoning. There are many residents who would like more discussion and clarification on what the city's role is in •this process, along with increased debate on some of these other issues pertaining to it. Mr. Kresowik asked if Mayor Hurley and the council will hold an open forum to discuss the city's role in this and to clarify the process and to allow for increased debate on this issue as the City Council of Waterloo. Mayor Hurley responded the city supports the Greater Cedar Valley Alliance. The city is a member and some portion in their total budget, some portion of what we spend you could say could go toward supporting this study. Mayor Hurley stated the cost is not absorbent at all, and he thinks from his perspective, and the council can speak for themselves, that this is exactly the kind of thing we expect and want the Alliance to do, just like they did with the gaming issue a couple years ago. Mayor Hurley suggested Mr. Kresowik make his concerns about inclusion of economic costs to the Cedar Valley Alliance. Mayor Hurley stated in terms of process, he doesn't know that we need a forum on process because our involvement in the process is pretty straight forward. It will come in two ways. If the IUV and the DNR and the team of State experts see fit to grant a license to LS Power, LS Power will ask the city to voluntarily annex the property, and then we would need to rezone from "A-1" to "M -2,P". Those would probably happen at the same council meeting. Those items will be posted, we will have to set a date of hearing so there will be plenty of notice. Just like the hearings we had here tonight, there will be plenty of opportunity for public input at that time for the annexation and the zoning. Mayor Hurley stated that is the city's involvement as we don't grant the license, we don't do the impact studies and we don't do the environmental assessment. Mayor Hurley stated Mr. Kresowik has an association with the CR club and he asked him if they fund economic cost studies. November 13, 2006 Oral Presentations continued Mr. Kresowik responded he may not be able to comment directly on what the CR Club often does, but he feels that as a public body with this money being supported in this research that it should be as broad as possible to really help to drive the policy that the council will decide in this case. He thinks there is going to be policy implications from the study, and he thinks as a public body the council should be getting as much information as they possibly can. Mr. Kresowik stated they do have funds, very limited funds compared to what other agencies on the other side of this may have at their disposal. Mr. Kresowik stated if public money is going to be used, he thinks it should be very clear that it should be as broad and as much information as possible for the city's benefit to make a decision on this. Kyle Bach, 58087 Heritage Point Drive, South Bend, Indiana, stated he had item 18 on tonight's agenda for a resolution supporting a tax credit development in this community. Mr. Bach noted he was here last year applying for the exact same financing and unfortunately did not receive that. Mr. Bach extended his thanks for allowing them an opportunity to become a part of this community and most importantly working with Don, Noel and his staff. Mr. Bach stated if he had the luxury of working with individuals like them all throughout the Midwest it would make his job substantially easier. Mr. Bach noted that this process suggests that they met with a neighborhood association, and he had a chance to meet with the contact individual for the Hearst Neighborhood Association, a lady by the name of Sharon Freese and she is very, very ill and can use all of our blessings and asked everyone to please pray for her. Page 8 Mayor Hurley stated Mr. Bach's comments about Don, Noel and staff would extend to all city employees. We know that internally, but it is very refreshing to hear it from the outside let alone from Hoosier land. Getty/Schmitt that the above oral comments be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. ADJOURNMENT 124500 - Gunderson/Cole that the Council adjourn at 6:16 p.m. Ayes: Six. Absent: Kincaid. Motion carried. Nancy EcT]cert , CMC City Clerk