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HomeMy WebLinkAboutMinutes-6/22/2015June 22, 2015 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, June 22, 2015. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, and Welper. Absent: Hart. Moment of Silence. Pledge of Allegiance: Mayor Buck Clark. 144691 - Welper/Cole that the Agenda, as proposed, for the Regular Session on Monday, June 22, 2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Three. Motion carried. 144692 - Welper/Cole that the Minutes, as proposed, for the Regular Session on Monday, June 15, 2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Three. Motion carried. Mayor Clark read a Proclamation declaring July 1, 2015 as Rotary Club of Waterloo Day. CONSENT AGENDA 144693 - Welper/Schmitt 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 June 22, 2015, in the amount of $1,884,782.90, 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. 2015-470. 2. Resolution approving the use of MidPort Tax Increment Financing funds for grant -writing services for 2 EPA grants including a brownfields hazardous substances assessments grant and a petroleum products brownfields program grant in an amount not to exceed $3,250. Resolution adopted and upon approval by Mayor assigned No. 2015-471. 3. Resolution approving the use of not to exceed $12,700 in MidPort Tax Increment Financing funds for Phase I Environmental Site Assessment reports. Resolution adopted and upon approval by Mayor assigned No. 2015-472. 4. Resolution approving the use of not to exceed $110,000 in MidPort Tax Increment Financing funds for the acquisition of property generally located in the MidPort TIF District. Resolution adopted and upon approval by Mayor assigned No. 2015-473. 5. Resolution approving the use of not to exceed $141,949 in San Marnan Urban Renewal Area Tax Increment Financing funds for the acquisition of property generally located in the San Marnan TIF District. Resolution adopted and upon approval by Mayor assigned No. 2015-474. 6. Resolution approving the use of MidPort Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $63,500 for the year ending June 30, 2015 to finance administrative expenses and the contract with the Greater Cedar Valley Alliance. Resolution adopted and upon approval by Mayor assigned No. 2015-475. 7. Resolution approving the use of Rath Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $5,000 for the year ending June 30, 2015 to finance administrative expenses. Resolution adopted and upon approval by Mayor assigned No. 2015-476. June 22, 2015 Page 2 8. Resolution approving the use of San Marnan Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $25,000 for the year ending June 30, 2015 to finance administrative expenses and the contract with the Greater Cedar Valley Alliance. Resolution adopted and upon approval by Mayor assigned No. 2015-477. 9. Resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $22,000 for the year ending June 30, 2015 to finance administrative expenses and the contract with the Greater Cedar Valley Alliance. Resolution adopted and upon approval by Mayor assigned No. 2015-478. 10. Resolution approving the use of Martin Road Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $5,000 for the year ending June 30, 2015 to finance administrative expenses. Resolution adopted and upon approval by Mayor assigned No. 2015-479. 11. Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $50,000 for the year ending June 30, 2015 to finance administrative expenses and the contract with Main Street. Resolution adopted and upon approval by Mayor assigned No. 2015-480. 12. Resolution approving the use of Logan Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $10,500 for the year ending June 30, 2015 to finance administrative expenses. Resolution adopted and upon approval by Mayor assigned No. 2015-481. 13. Resolution approving setting date of public hearing as July 20, 2015 and date of bid opening as July 16, 2015 for the Police Department's FY2016 Ammunition Bids, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2015-482. 14. Resolution setting date of public hearing as July 20, 2015 and date of bid opening as July 16, 2015 to allow the Police Department to seek bids for the installation and purchase of FY2016 Police Vehicle equipment needs, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2015-483. 15. Resolution approving setting a date of public hearing as July 13, 2015 and bid opening as July 9, 2015 for Demolition Services of the former American Legion building at 619 Franklin Street, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2015-484. 16. Resolution approving request from Anthony Huff for a waiver for a concrete driveway to be located at 1124 W. Parker Street (driveway is located on St. John Avenue), and authorizing construction of a concrete driveway and placing a driveway or sidewalk on City right of way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2015-485. 17. Resolution approving request from Brian Biermann for a waiver for a concrete driveway to be located at 1200 W. Parker Street (driveway is located on St. John Avenue), and authorizing construction of a concrete driveway and placing a driveway or sidewalk on City right of way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2015-486. 18. Resolution approving request from Trent Humber for a waiver for an asphalt driveway with the elimination of the sidewalk section, located at 709 Milwaukee Avenue. Resolution adopted and upon approval by Mayor assigned No. 2015-487. 19. Resolution approving request from Mark Meyerhoff for a waiver for a concrete driveway to be located at 860 Midland Street, and authorizing the June 22, 2015 Page 3 construction of a concrete driveway and placing a driveway or sidewalk on City right of way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2015-488. 20. Resolution approving request of the Grout Museum District to hold a Welcome Home Parade honoring Vietnam era Veterans on July 17th from 6:00 PM to 7:00 PM, beginning and ending under the 218 overpass between Park Ave. and W. 8th Street, and approving street closures and parade route. Resolution adopted and upon approval by Mayor assigned No. 2015-489. 21. Resolution approving the request of Sanad Mujic tax exemptions on the construction of a new twin home valued at $174,900 for property located at 4113 Mourning Dove Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2015-490. 22. Resolution approving resolution approving the request of April and Mike Ramsey for tax exemptions on the construction of a new home valued at $279,348 for property located at 4826 Yellowstone Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2015-491. 23. Resolution approving the request of Jane Maree Kemp Ulfers for tax exemptions on the construction of a new twin home valued at $183,857 for property located at 4111 Mourning Dove Dr., and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2015-492. 24. Resolution approving Order Accepting Acknowledgment/Settlement Agreement and check for $300.00 from Ali's Corner #2, 200 Broadway, Waterloo, Iowa 50703 for sale of tobacco to minor violation, first offense. Resolution adopted and upon approval by Mayor assigned No. 2015-493. 25. Resolution fixing the time and place of hearing and notice to be given as June 29, 2015 to approve a request to sell and convey for $1.00, plus costs, a portion of City -owned property commonly known as the former Grand Hotel Site, at the intersection of West Mullan Avenue and Jefferson Street, to Grand Investments, LLC in accordance with the Master Development Agreement and Supplemental Development Agreement with Grand Investments, LLC. Resolution adopted and upon approval by Mayor assigned No. 2015-494. 26. Resolution approving the destruction of garbage exemption applications, 2004-2006, and Plumbing, Electricians, Heating Contractor, and Right of Way Bonds, 1992-1994. Resolution adopted and upon approval by Mayor assigned No. 2015-495. b. Motion to approve the following: 1. a. b. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Abraham Funchess, 2015 EEOC/FEPA Atlanta, GA 8/3/15 - $5,015.00 Executive National Training 8/6/15 Director; Rebecaa Conference Johnson, Human Rights Specialist and Shelly Burch, Administrative Secretary Investigators Homicide Marshalltown, 7/21/15 - $1,165.00 Stratton, Hageman, Frana and Investigation and Crime Scene IA 7/23/15 McFarland Management June 22, 2015 Page 4 2. Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Katie Orlando Historic Preservation Commission 06/15/2018 New 3. Bonds 4. Fireworks Display, at National Cattle Congress, for the Cedar Valley Jaycees Annual Fireworks Festival on July 4, 2015. Mr. Lind questioned and Michelle Weidner, Chief Financial Officer, explained that the TIF transfers are a required to expend funds for projects already approved. Mr. Morrissey asked Michelle Weidner, CFO, to explain why this is an appropriate use of TIF funds. Michelle Weidner, CFO, explained that these are a legal uses of TIF funds. David Dryer, 3145 W. 4th Street, questioned why the property in item 12 was described as generally located. Michelle Weidner, CFO, explained the language for the agenda item came from the attorney. The attorney this is how the attorney chose to described the property. Roll call vote -Ayes: Six. Item 1.b.l.b - Ayes: Five. Nays: One (Schmitt). Motion carried. RESOLUTIONS 144694 - Schmitt/Morrissey that "Resolution approving the MidAmerican Energy LED Streetlight Conversion Agreement allowing MidAmerican Energy to begin the process of converting their existing streetlight system to more efficient LED streetlight equipment beginning in July 2015, and authorize the Mayor and City Clerk to sign and fully execute the documents", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2015-496. 144695 - Schmitt/Morrissey that "Resolution approving School Resource agreement with Waterloo Community School District to provide 6 School Resource Officers in the schools for the FY 16 Fiscal Year for $250,000.00, and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Mr. Lind questioned the total cost of 6 resource officers. Michelle Weidner, Chief Financial Officer, explained that it is approximately $500,000. Resolution adopted and upon approval by Mayor assigned No. 2015-497. 144696 - Schmitt/Morrissey that "Resolution approving an Encroachment Agreement with Nguyen & Le, LLC for a portion of an overhang to encroach 4.47' northward and 11.96' westward into an existing storm sewer easement, located at 1931 Sears Street", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2015-498. 144697 - Morrissey/Cole that "Resolution approving Second Amended and Restated Development Agreement with Cedar Valley TechWorks, Inc. and FDP WTC, LLC and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Mr. Lind questioned if there is a written legal opinion and sign off by City staff on the agreement. Mayor Clark reported that staff consults on a regular basis with both the local attorney and outsourced attorneys on the development agreements and everyone is comfortable with the agreement. June 22, 2015 Page 5 Mr. Schmitt asked that a short presentation be given by the individuals who presented during the Council Work Session. Steve Dust, Greater Cedar Valley Alliance and Techworks, gave an overview of the project. Randy Pilkington, UNI Business and Community Services, explained the Additive Manufacturing portion of the project and noted that any additional expenses will be funded by private entities. David Dryer, 3145 W. 4th Street, expressed concern with the holes in the Tech 2 building. Resolution adopted and upon approval by Mayor assigned No. 2015-499. 144698 - Lind/Schmitt that "Resolution approving project agreement with Waterloo Development Corporation for Whitewater Improvements Conceptual Design in an amount not to exceed $14,400", be adopted. Roll call vote -Ayes: Six. Mayor Clark explained that this will be a study to research the feasibility of a whitewater course. WDC is paying for the study through their grant funding. Mr. Morrissey questioned if this will interfere with the proposed marina. Mayor Clark explained that it should not interfere and should actually complement the proposed plans for a marina but he will be sure that the developer and the consulting firm have a chance to weigh in on the proposal. Resolution adopted and upon approval by Mayor assigned No. 2015-500. 144699 - Lind/Schmitt that "Resolution approving the agreement between the City of Waterloo and the City of Cedar Falls for Animal Control Services and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Mr. Schmitt questioned if this agreement will generate revenue for the City. Sandie Greco, Traffic Superintendent, explained that the City should break even and cover the City's costs. Resolution adopted and upon approval by Mayor assigned No. 2015-501. 144700 - Lind/Schmitt that "Resolution authorizing City Clerk to certify against certain parcels for unpaid garbage, sewer, and storm water fees", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2015-502. 144701 - Lind/Schmitt that "Resolution approving a Temporary Occupancy Agreement with Mohammad ILYAS granting a 30 -day Temporary Occupancy Permit for Gyro Hut at 1140 Washington Street", be adopted. Roll call vote -Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2015-503. ORDINANCES 144702 - Schmitt/Lind that "an Ordinance amending multiple sections of Chapter 2, Main Street Waterloo Redevelopment Authority, of Title 2, Boards and Commissions, including defining the Central Business District, and updating the provisions regulating the powers and duties of the Main Street Commission", be received, placed on file, considered and passed for the first time with the proposed addition discussed at the meeting (appropriation of funds - from the general fund will be deleted). Roll call vote -Ayes: Six. Motion carried. 144703 - Schmitt/Lind that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. 144704 - Schmitt/Lind June 22, 2015 Page 6 that "an Ordinance amending multiple sections of Chapter 2, Main Street Waterloo Redevelopment Authority, of Title 2, Boards and Commissions, including defining the Central Business District, and updating the provisions regulating the powers and duties of the Main Street Commission", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Ordinance adopted and upon approval by Mayor assigned No. 5289. 144705 - Welper/Morrissey that "an Ordinance amending Ordinance No. 5285 that adopted the International Property Maintenance Code by adding an effective date of Ordinance No. 5285 of January 1, 2016", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. 144706 - Welper/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. 144707 - Welper/Morrissey that "an Ordinance amending Ordinance No. 5285 that adopted the International Property Maintenance Code by adding an effective date of Ordinance No. 5285 of January 1, 2016", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Ordinance adopted and upon approval by Mayor assigned No. 5290. 144708 - Morrissey/Welper 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 for 1033 Decathlon Drive", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Six. Motion carried. 144709 - Morrissey/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Two (Schmitt, Lind. Motion failed. 144710 - Cole/Schmitt that "an Ordinance approving a request by Seth Green to vacate a platted 5' wide by approximately 290' long utility easement along the west property line of Lot 3 of Tower Park No. 5", be considered and passed for the third time and adopted. Roll call vote -Ayes: Six. Ordinance adopted and upon approval by Mayor assigned No. 5291. 144711 - Morrissey/Schmitt that "an Ordinance approving the request of Nicole Cook to rezone 4.43 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District for the purpose of constructing one new single-family home, generally located east of 920 South View Drive", be considered and passed for the third time and adopted. Roll call vote -Ayes: Three. Ordinance adopted and upon approval by Mayor assigned No. 5292. OTHER COUNCIL BUSINESS 144712 - Schmitt/Morrissey to approve request for authorization to publish 2015 salaries for city employees and officials, as required by law", be adopted. Roll call vote -Ayes: Six. ORAL PRESENTATIONS Chawne Paige, Curator Waterloo Center of the Arts, invited the citizens and Council to the opening of Youth Art Team's Store Front Installation and thanked JSA for donation of the space. Heidi Putman, Youth Art Team Coordinator, explained that the group of youth ages 5 to 18 and thanked JSA Development for the use of the space at no charge. June 22, 2015 Page 7 Steve Murphy, 124 Terrace Drive, expressed concern with Leisure Services utilizing a leased space downtown for maintenance equipment. Mayor Clark explained that early morning walking at Young Arena will remain at least through August and revenue is hopefully going to allow it to remain for the remainder of the year. Forest Dillavou, 1725 Huntington Road, expressed concern with wage compressions and salary increases. Sandie Kruig, 511 Adrian, expressed concern with the condition of the Lafayette School property. David Dryer, 3145 W. 4th Street, there was a code enforcement violation notice given to 2002 W. 4th Street for having a sign and the grinder is not working at the recycle center. John Sherban, 1715 Robin Road, thanked Council for having a work session on the Techworks project and he asked for work sessions on other projects. Forest Dillavou, expressed concern with the property condition at 1515 Lafayette. Mr. Schmitt mentioned the passing of Roosevelt Taylor. His funeral will be tomorrow. 144713 - Cole/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. ADJOURNMENT 144714 - Cole/Schmitt that the Council adjourn at 6:25 p.m. Voice vote -Ayes: Six. Motion carried. Suzy Shares, CMC City Clerk/Human Resource Director