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HomeMy WebLinkAboutMinutes-8/25/2008• • August 25, 2008 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, August 25, 2008. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Hart, Steve Schmitt, Welper, Reggie Schmitt. Absent: Greenwood. Moment of Silence. Pledge of Allegiance: Jim Walsh, City Attorney. Reggie Schmitt/Steve Schmitt that the Agenda, as amended, for the Regular Session on Monday, August 25, 2008, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 127678 - Reggie Schmitt/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, August 18, 2008, at 5:30 p.m., be accepted and approved Ayes: Six. Absent: Greenwood. Motion carried. Mayor Hurley recognized Riely Richmond for getting medical assistance for her grandfather. CONSENT AGENDA 127679 - Reggie Schmitt/Steve 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 Schedule AP642, pp. 1-54, dated August 25, 2008, in the amount of $1,311,252.02, 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. 2008-718. 2. Communication from Police Chief transmitting request of Pathways Behavioral Services to hold 5th Annual RUN, WALK AND ROLL FOR A DRUG FREE COMMUNITY on October 25, 2008 at 9:00 a.m., with run/walk to start and end on the access road in front of Pathways Building, 3362 University Avenue. Resolution adopted and upon approval by Mayor assigned No. 2008-719. 3. Communication from City Engineer transmitting request of Michelle Klingfus for a waiver for a concrete driveway to be located at 3839 Ranchero Road, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2008-720. b. Motion -to approve the following: 1. Communication from Superintendent of Streets transmitting recommendation of appointment of Tony Pauley and Michael Gienau to the position of Equipment Operator II, effective August 26, 2008 or at a mutually agreed upon date. 2. Communication from Mayor Hurley transmitting recommendation of appointment of Jane Scott to the Waterloo Cable TV Commission, with term expiration date of December 31, 2011. 3. Communication from Mayor Hurley transmitting recommendation of appointment of the following to the Met Transit Authority Board: Robert High, Star Rupe, Sally Meyers and Cindy Wells, with term expiration of July 1, 2011; and reappointment of Michelle Weidner and Jennifer Jamploer, with term expiration of July 1, 2011. August 25, 2008 Consent Agenda continued 4. Nancy Gulick, Community Development Coordinator, to attend Iowa Finance Authority Housing Development Finance Professional Certification Courses in Des Moines, Iowa on September 15-19, 2008, with costs not to exceed $825.00, including use of city vehicle. Page 2 5. William Austin, Forrest Graves, Todd Gaede, and Al Delagardelle, Sewer Maintenance Workers; to attend AWWA/IWPCA Short Course in West Des Moines, Iowa on September 9-10, 2008, with costs not to exceed $1,084.00, including use of city vehicle. 6. Joseph Leibold, Police Captain, to attend 235th Session of the FBI National Academy in Quantico, Virginia on September 26 -December 14, 2008, with costs not to exceed $2,325.00. 7. Shawn Bram and Jason Chopard, Police Officers, to attend Basic Interview and Interrogation Class in Sioux City, Iowa on September 22-26, 2008, with costs not to exceed $330.00, including use of city vehicle. 8. Eric Thorson, City Engineer, to attend American Public Works Association Iowa Chapter 2008 Fall Conference in Coralville, Iowa on September 24-26, 2008, with costs not to exceed $427.00, including use of city vehicle. 9. Jim Bartlett, Police Officer; and Todd Wilson, Planner/Analyst; to attend 2008 MidStates Organized Crime Information Centers Annual Conference in Lincoln, Nebraska on September 15-19, 2008, with costs not to exceed $1,070.32. 10.Six Public Safety Officers to attend 2008 MidStates Organized Crime Information Centers Annual Conference in Lincoln, Nebraska on September 15-19, 2008, with costs not to exceed $4,129.92. c. Beer/Liquor License Permit Application Class C The Penalty Box, 118 Commercial (Renewal) (Expires 9/18/09) (Includes Sunday Sales) d. Outdoor Service Area Application The Penalty Box, 118 Commercial Street e. Bonds. f. Solicitation of Funds Application Knights of Columbus, 1955 Locke Avenue Ayes: Six. Absent: Greenwood. Motion carried. HEARINGS & BIDS 127680 - Hart/Welper that proof of publication of notice of public hearing on F.Y. 2009 Sidewalk Repair Block Grant Program - Zone 8, Contract No. 751, as published in the Waterloo Courier on August 15, 2008, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 127681 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Welper that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 127682 - Hart/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2009 Sidewalk Repair Block Grant Program - Zone 8, Contract No. 751", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-721. , • • • • August 25, 2008 Hearings & Bids continued Page 3 127683 - Hart/Welper that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-722. 127684 - Hart/Welper to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Bid Amount B & B Builders & Supply, Waterloo, IA 5% $8,574.85 Ayes: Six. Absent: Greenwood. Motion carried. 127685 - Getty/Hart that proof of publication of notice of public hearing on Young Arena Message Center, as published in the Waterloo Courier on August 15, 2008, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 127686 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 127687 - Getty/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Young Arena Message Center", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-723. 127688 - Getty/Hart that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-724. 127689 - Getty/Hart Bidder to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bid Bid Bid Bid Bid Amount 1 Amount 2 Amount 3 Amount 4 Amount 5 Signs & Designs, Cedar Falls, IA $39,710.00 Nagle Signs, Waterloo, IA $42,457.51 $44,527.51 $37,085.86 $42,155.06 $41,176.41 Ayes: Six. Absent: Greenwood. Motion carried. 127690 - Steve Schmitt/Welper that proof of publication of notice of public hearing on Asbestos Removal, Rath Administration Building, Contract No. 131 -AR -09 -2 -08 -GO, as published in the Waterloo Courier on August 8, 2008, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 127691 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Steve Schmitt/Welper that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. August 25, 2008 Hearings & Bids continued 127692 Steve Schmitt/Welper Page 4 that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Asbestos Removal, Rath Administration Building, Contract No. 131 -AR -09 -2 -08 -GO", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-725. 127693 - Steve Schmitt/Welper that "Resolution authorizing to proceed in conjunction with above said project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-726. 127694 - Steve Schmitt/Welper to receive, file and instruct City Clerk to open and read bids and refer to Contracts and Grants Coordinator for review: Bidder Bid Bond Bid Amount ESA Inc, North Sioux City, SD 5% $364,365.00 Pro Environmental Abatement, Des Moines, IA 5% $381,320.00 Great Plains Asbestos Control (GPAC), Kearney, NE 5% $61,300.00 Advanced Environmental Testing and Abatement, Waterloo, IA $11,850.00 $237,000.00 Robinson Brothers Environmental Inc, Waunakee, WI 5% $446,072.00 Midwest Asbestos Abatement Corp, St. Peters, MO 5% $332,900.00 Ayes: Six. Absent: Greenwood. Motion carried. 127695 - Welper/Steve Schmitt that proof of publication of notice of public hearing on 2008 Stone Replacement at Waterloo Public Library, as published in the Waterloo Courier on August 8, 2008, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 127696 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Steve Schmitt that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 127697 - Welper/Steve Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with 2008 Stone Replacement at Waterloo Public Library", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-727. 127698 - Welper/Steve Schmitt that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-728. • • • • • August 25, 2008 Hearings & Bids. continued Page 5 127699 - Welper/Steve Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review: Bidder Bid Bond Bid Amount Michael Huff Construction, Waterloo, IA 5% $63,890.00 Failor Hurley Construction,'Hudson, IA 5% $55,300.00 Ayes: Six. Absent: Greenwood. Motion carried. 127700 - Reggie Schmitt/Cole that proof of publication of notice of public hearing on Replacement of Target System at Police Department Training Center, as published in the Waterloo Courier on August 15, 2008, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 127701 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Reggie Schmitt/Cole that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 127702 - Reggie Schmitt/Cole that "Resolution approving recommendation of Police Chief to accept low bid in the amount of $25,785.00 from Action Target of Provo, Utah in conjunction with Replacement of Target System at Police Department Training Center", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-729. HEARINGS 127703 - Welper/Reggie Schmitt that proof of publication of notice of public hearing on request of Deer Creek Development LLC for a site plan amendment to the "B -P" Business Park District for property generally located at the southeasterly corner of Greyhound Drive and the future Athens Drive for development of 13,000 sq. ft office building for expansion and relocation of the Waterloo Social Security Office, as published in the Waterloo Courier on August 15, 2008, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 127704 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Ed Cable, 31992 Hwy 11 North, Bellpoint, SD, consultant representing the developer on this project was present. Councilperson Steve Schmitt stated he thought in the past there was some kind of plan to encourage government agencies to locate downtown or near downtown to make that area more of a central point for various government agencies. Councilperson Steve Schmitt noted that Iowa Workforce Development not too long ago moved out of the East 4`h Street location, and his understanding is that this is now a publicly -owned, non -taxpaying building that is going to go on the tax rolls hopefully when they sell it. Noel Anderson, Community Planning & Development Director, explained that the Downtown Master Plan does show a government sector, and we definitely try to encourage locating government buildings in that area to make it easier for people using the different services. This particular project went through the GSA federal department for location, and they did look at the downtown area. At one point, they were even looking into going into the Blacks building. However, for the specifications for what they needed for size and to meet Homeland Security issues, they could not find an existing building that would work nor could they find a downtown site to build a brand new building. August 25, 2008 Hearings continued Mr. Cable explained that Homeland Security requirements include a 20 foot buffer from the building to any adjacent area where people would have vehicular access, and the rather large amount of parking that is required would be difficult if not impossible to find downtown. Page 6 Mayor Hurley noted that the city has been working on this project for over a year and worked hard to keep it downtown, and at one point there were concerns we probably lost it out of Waterloo. Mayor Hurley noted that the Social Security would be a non -taxing entity, but they are the leasing the building. Welper/Steve Schmitt that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission and oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 127705 - Welper/Steve Schmitt that "Resolution approving said site plan amendment", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-730. 127706 - Steve Schmitt/Welper that proof of publication of notice of public hearing on request of First Equity Acquisitions, LLC to sell and convey Fire Station Number 8 generally located at the northwest corner of LaPorte Road and San Marnan Drive for $2.1 million, as published in the Waterloo Courier on August 15, 2008, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 127707 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Councilperson Getty commented that the letter from Mr. Anderson says bids were sent out, and he asked how many bids were received besides the one from First Equity Acquisitions, LLC. Mayor Hurley responded that two bids were received, the one from First Equity Acquisitions and one from Black Equities Group out of Beverly Hills, California. Noel Anderson, Community Planning and Development Director, reported that in addition to the two parties who were interested in this property, approximately 12 RFPs were sent to local developers in the Waterloo/Cedar Falls area. Councilperson Getty asked what architect was hired to design this new station. Mr. Anderson responded that no architect has been hired. Councilperson Getty asked if there is a site plan. Mayor Hurley noted that Lou Cutwright, Building Official/Maintenance Administrator, looked at it in terms of replicating the basic attributes that we have at Station No. 8, and he looked at the costs per square foot along with adding some square footage. Councilperson Getty asked if the city has any idea where a new fire station will be built. Mayor Hurley responded we have an idea. Mayor Hurley commented that he ruled out two sites because of concerns expressed by Waterloo Fire Rescue regarding response time. Councilperson Getty asked if we know what the new building is going to cost. Mayor Hurley responded that based upon $200.00 per square foot, with property acquisition and construction of a building over 5,000 square foot, the estimated cost is $1.6 to $1.7 million. Mr. Anderson noted that they have put together some estimates of building costs. There are different sites that the city is looking at that they believe meets Waterloo Fire Rescue's needs that are still in the immediate area as well as some land costs for those different sites. Mr. Anderson noted that the agreement has some stipulations and time lines for the purchaser to complete before they get to city's part. The purchaser has about 140 days, and the city has 120 days to put together the actual site option as wells as put out our drawings and bids. Then there will be a 12 month timeline for completion after that time period. • • • • August 25, 2008 Hearings continued Staff believes there is sufficient time to put together the steps necessary to make this work. If for some reason that the bids would come in higher, the city has the ability to opt out of the agreement or go back and talk with First Equity. Councilperson Getty asked what First Equity has planned for the property. Mr. Anderson responded the agreement states it would be redeveloped for a pharmacy site. Page 7 A gentleman representing the developer stated that a free-standing pharmacy with drive-thru would be developed on the corner. They are also in talks with Panera about maybe opening up some of the existing access points. Councilperson Getty commented that he has a problem with approving a project like this when he does not know what piece of property the city is looking at and what the cost of the building is going to be. There are people living in Cedar Terrace who need protection, and there are people saying it should go the other way. Mayor Hurley commented that the new station would be within a block or a block and a half from where it sits now with probably better access to LaPorte Road and San Marnan Drive. Councilperson Getty asked if the reason for selling Station #8 is to make money if the new site is that close to where the station is now. Mayor Hurley responded to turn a valuable piece of property into a tax producing property and put some revenues into our General Fund. Mr. Anderson commented that the reason they moved forward with the sale is because there is an interested party who believes it is a great site for commercial development. Mr. Anderson stated that staff feels we can still meet the needs of Waterloo Fire Rescue to serve that area, that the fire station didn't need to have the premier corner site, and it may help further commercial development in that area. The former K -Mart site is still vastly empty, so if we can get more commercial development in that area to help that site out staff thought it would be prudent to help move forward. Mayor Hurley noted if costs come in and this doesn't pencil out, then the sale is over. Mayor Hurley noted that the city would have to have a new station built and ready to occupy before Station #8 comes down. Councilperson Cole stated it is her understanding that the new location of this station would be so much smaller that it would require a two story structure. Mr. Anderson responded the city is looking at two sites, but one of the sites would potentially require a two story design. Mayor Hurley noted that would add 5 to 8 percent to the cost, so the cost would be up to $1.7 to $1.8 million. Councilperson Cole commented that she assumes that Waterloo Fire Rescue has agreed that their response times getting down San Marnan and through one of the worst intersections in the city going to LaPorte Road would not be affected. Councilperson Cole stated her concern would be that we are not sacrificing time for taxes. Doug Carter, Fire Chief, stated that Waterloo has a really strong history of building quality fire stations, and he feels it is his responsibility to ensure that a location meets the response needs of the citizens, and of the ones we are looking at, he thinks that is possible. Chief Carter stated that he will ensure that a station is built that meets or exceeds the high quality of the existing station. If those two things can be met he is on board with this. Councilperson Welper stated that when the city started talking about this and with the median out there, it was felt by moving the station we can have a better entrance and access by moving the station just about a block away. Because of the length of the fire trucks we can actually move in and out at a better location. Mayor Hurley commented that there was little short loop off of LaPorte onto stop light. Mayor Hurley stated that facilitating commercial development, likely more to come. some talk about improving and making that Ridgeway a two way or a full access with a he thinks we have a good strong chance of as we have a very interested party with August 25, 2008 Hearings continued Mayor Hurley stated that there are maybe two sites, and that both of those sites will give egress and access to both LaPorte Road and East Ridgeway, which we can't say they have now. Page 8 Councilperson Hart asked if we would not have had a person or company come in and want to develop that area would we be selling the fire station. Mayor Hurley responded if a commercial company came directly to us with the same price. Mayor Hurley noted the fire station is in good shape, there is nothing driving us because of the condition of the station. Chief Carter noted these buildings were built back in the early 70s to a standard called 100 year buildings. Its not so much about lasting 100 years but withstand tornados so the building that provides public safety in that area would still be standing. The floors in the apparatus phase of our fire stations weren't necessarily built in mind with the size and weight of trucks we have now. The building is in very good condition and we put considerable money into it. As far as rood, concrete, boiler, generator hopefully we can plan on moving that generator but the building itself is not an issue. If we get a better station out of the deal at a location that meets the needs of the citizens, he would be on board. Councilperson Steve Schmitt stated he talked to a couple different developers, and they said based on real estate transactions in the San Marnan area over the last year or two, this is a very attractive price to the city, so he thinks from that from that perspective it's a wise move. Steve Schmitt/Welper that the hearing be closed and oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 127708 - Steve Schmitt/Welper that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty asked if the city put this property out to bid and let people know that we had it for sale. Councilperson Getty stated that he feels if its such great commercial property than maybe we would have gotten a higher bid had we put it out for bid in a different manner than we did. Councilperson Getty stated he understands that everyone is saying that we are going to buy a piece of property and we are going to build a building before we'll ever change everything, but he has trouble doing that without seeing it done first before we sell the property. Mayor Hurley noted that Mr. Anderson said we did advertise to a dozen or so local developers, including many local and we received two responses back. Following comments a vote was taken on the above motion with the following result. Ayes: Four. Nays: Getty, Hart. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-731. 127709 - Steve Schmitt/Welper that "Resolution approving said Purchase and Sale Agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Four. Nays: Getty, Hart. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-732. • • • • August 25, 2008 UNFINISHED BUSINESS Page 9 127710 - Getty/Hart that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $129,179.00 to ACCO Unlimited Corporation of Johnston, Iowa in conjunction with 2008 Swimming Pool Filter Replacement and Painting Project, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-733. DOCUMENTS 127711 - Getty/Hart that communication from City Planner transmitting Final Plat of Klingaman Park Fourth Addition, together with staff report, aerial photo, final plat and Report of City Engineer, be received, placed on file and "Resolution approving said final plat", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-734. 127712 - Getty/Hart that communication from Superintendent of Waste Management Services transmitting Joint Funding Agreement with U.S. Department of Interior, U.S. Geological Survey at an estimated cost of $8,880.00 for operation and maintenance of Cedar River Gage Station at 6th Street and USGS Depth Analysis of effluent diffuser at Easton Avenue Treatment Facility, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-735. 127713 - Getty/Hart that communication from City Engineer transmitting Federal Aid Grade Crossing Surface Repair Agreements with the Chicago, Central & Pacific Railroad Company and the Iowa Department of Transportation at a total estimated project cost of $167,005.00, with estimated city's share of $35,401.00, for construction of crossings at Willow Street and Dearborn Street, be received, placed on file and "Resolution approving said agreements", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-736. 127714 - Cole/Welper that communication from City Planner transmitting Notice of Interest for Hazard Mitigation Grant Program Structural Acquisition funds with Iowa Homeland Security and Emergency Management Division for 2008 Flood, be received, placed on file and "Resolution approving said notice of interest", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Cole commented these people who are flooded out of their homes are in limbo and are going to be in limbo for a very long time thanks to government beyond our level, and she thinks council should accept staff's recommendation on prioritizing the property. Get as many people as possible out of the floodway and then take it from there. The time has come to do it, we have a deadline and somebody needs to make a decision here. Councilperson Welper stated he agrees with Councilperson Cole. Mayor Hurley noted that the list of properties were prioritized by being in the floodway, then 100 years, 500 years, then by region. We put San Souci first then Riverside, then Cooley, then Sherwood. We said owner occupied gets precedent over rental, that the higher priced homes should go first, and if it had been previously flooded that would get priority over had it not been previously flooded. August 25, 2008 Documents continued Page 10 Councilperson Reggie Schmitt noted that this resolution is saying that we are intending to participate to tear down 44 homes and whatever pile of money shows up the city's portion will be $1.1 million dollars for the demolition and everything that goes with our 15 percent. Mayor Hurley asked if FEMA comes back with less than the dollars needed to do all 44 homes, would they allow the city to re -prioritize. Mr. Anderson responded the state will come back with their list of priorities. Mayor Hurley noted the resolution says that the city agrees to fund 15 percent of the cost for each acquisition including up to $10,000.00 in replacement housing allowance and up to $850.00 for moving expenses. Mayor Hurley suggested adding something in the resolution about the demolition costs. Mayor Hurley noted that the resolution says the city understands we must comply with the National Historic Preservation Act and receive clearance for each of the acquired structures from the Iowa State Historical Preservation Office before demolition. Jim Walsh, City Attorney, noted that there is going to be significant legal involvement. We may have a quiet title on some of these common areas. If these commons have to be clearly titled to the city, there may be a court action involved here just to quiet title. Mayor Hurley asked if the city would have to join the Association if there are a few remaining members. Mr. Walsh replied yes if we get 90 percent of the properties. Mr. Walsh stated legal will have to do some research in to what the association procedures are, and there may be a need to be a court quiet title action at the end of the day to get the ability to turn clear title to all the property over to the city forever. Mayor Hurley noted the city is using 110 percent of assessed value. Councilperson Cole asked why is it 110 percent, is that for pain and suffering, why wouldn't the city just pay people what their house is worth. Aric Schroeder, City Planner, stated that is at the recommendation of the program in the format. It actually states fair market value. Its not always an absolute known without actually having an appraisal done and that is one of the options that could be done. Have an appraisal of every single property and offer them the appraised value. Its been recommended that not be done for a couple of reasons. Because of the added expense, it ends up potentially being less homes that you can buy out and it can really slow down the process. The program has a column for fair market value and a little sub footnote that says to use 110 percent of assessed value. Mayor Hurley noted there is an appeal process. If we said 110 estimate is what we would pay but they had an appraisal on June 5, 2008, it was a good appraisal and it showed a higher value, the city would have to listen to the appeal. But to have an appraisal based upon photographs is difficult to do. Mayor Hurley asked council if they wanted to have a buyout. Councilperson Cole commented that is a question she was afraid to ask a few moments ago because the other tax payers that are not being bought out are going to pay a lot of money for this program. Councilperson Cole noted the city is competing with Cedar Rapids, Waverly, Iowa City and everybody else that suffered greatly in this flood and we may end up with money for 10 houses. Mayor Hurley commented he has a difficult time seeing the immediate payoff, but one of the reasons we would cooperate in property acquisition or structural acquisition is to turn that land over to public use. Nobody can go back in there and we are done with it. We don't have to send the Fire Department out with boats, or the National Guard in Humvees. If we can get an entire area we can shut down city support because its now green land. At Sans Souci, there has been some interest by some county and state agencies to cooperate with us to make that a very neat area. Mayor Hurley noted that in the resolution when we say "whereas if awarded the City of Waterloo agrees to fund 15 percent of the cost" that leaves out the fact that we could negotiate with the homeowners for them to pay all or a portion of that. Mayor Hurley suggested that the language be changed to "agrees to fund up to 15 percent". Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-737. • • • • August 25, 2008 Page 11 Documents continued 127715 - Cole/Welper that communication from Planner II transmitting request of Vicki Weikert for tax exemptions on improvements totaling $28,879.00 for property located at 133 University Avenue located in the Consolidated Urban Revitalization Area, together with recommendation of approval, 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: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-738. 127716 - Cole/Welper that communication from Planner II transmitting request of JB McCellan for tax exemptions on improvements totaling $11,454.00 for property located at 229 Ricker Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, 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: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-739. 127717 - Cole/Welper that communication from Planner II transmitting request of Jeanne Holub for tax exemptions on improvements totaling $20,000.00 for property located at 638 Kirkwood Avenue located in the Consolidated Urban Revitalization Area, together with recommendation of approval, 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: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-740. 127718 - Cole/Welper that communication from Building Official/Maintenance Administrator transmitting Completion of Project and Recommendation of Acceptance of Work performed by Acco Unlimited Corporation of Johnston, Iowa at a total project cost of $57,528.72 in conjunction with 2007 Swimming Pool Filter Replacement - Byrnes Pool, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-741. 127719 - Cole/Welper that communication from Community Planning & Development Director transmitting Development Agreement with WATESSA Venture, LLC for development of 13,000 sq. ft. professional office building, with a new minimum taxable value of $1.1 million on a 1.49 acres site generally located in the Greenbelt Centre at the southeast corner of Greyhound and Athens Drive, including tax rebates for 4 years at 100 percent, 5th year at 68 percent and 5 years at 50 percent, be received, placed on file, and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute the same. Prior to a vote on the above motion, the following comments were heard. Councilperson Reggie Schmitt stated his concern is that the building is being rented to a government entity, and he did not see anything in the development agreement that after the city abates the taxes for that long, that if they turn around and sell it to the government we end up with no taxes. Noel Anderson, Community Planning & Development Director, stated the amount of years that they are going to receive abatements, the minimum assessment agreement will actually double those years. So if after they have received the abatements for essentially ten years, the next 10 years they will still have the minimum assessment on there. Councilperson Reggie Schmitt asked if the agency going in there buys that building will they still pay taxes. James Walsh, City Attorney, stated the taxing value agreement is with the entity doing the construction project. Social Security, if it buys the building at some point, will be tax exempt, and they won't pay taxes. August 25, 2008 Documents continued Page 12 Councilperson Reggie Schmitt stated there is nothing in the agreement that say we are still going to get taxes after ten years. After we give taxes back for ten years, the city could end up with nothing other than a very nice building. Councilperson Reggie Schmitt commented his concern is that we have a government entity renting that building, and he thinks that needs to be addressed in the development agreement. Mr. Walsh stated the party developing the parcel bid this with Social Security. Its already been determined what Social Security is going to pay. This is a deal with the developer and. so A isn't necessarily connected to B. Cole/Reggie Schmitt that the above item be tabled. Ayes: Six. Absent: Greenwood. Motion carried. RESOLUTIONS TO BE ADOPTED 127720 - Cole/Welper that communication from City Planner transmitting request to dedicate an easement on property generally located over portions of land north of the recently vacated public alley in Block 4 of Riverside Addition adjacent to the former Rath Administration Building at 1515 Sycamore Street for utility purposes, be received, placed on file and "Resolution dedicating said easement", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2008-742. ORDINANCES TO BE ADOPTED 127721 - Steve Schmitt/Welper that "an Ordinance amending the 2008 Traffic Code Easton Avenue to Section 549, Loading Zones (allow the south side of the 1500 block of Easton Avenue Kittrell School parking lot to Oregon Street)", be considered and passed for the first time. Ayes: Motion carried. 127722 - Steve Schmitt/Welper by adding Subsection (4a) 15 -minute loading zone for from the driveway of the received, placed on file, Six. Absent: Greenwood. that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Greenwood. Motion carried. 127723 - Steve Schmitt/Welper that "an Ordinance amending the 2008 Traffic Code by adding Subsection (4a) Easton Avenue to Section 549, Loading Zones (allow 15 -minute loading zone for the south side of the 1500 block of Easton Avenue from the driveway of the Kittrell School parking lot to Oregon Street)", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Greenwood. Ordinance adopted and upon approval by Mayor assigned No. 4924. NEW BUSINESS 127724 - Hart/Cole that communication from Building Official/Maintenance Administrator transmitting request to set date of hearing on bid received for the flood damaged boiler replacement at the Center For The Arts east wing, be and "Resolution setting date of hearing as September the City Hall Council Chambers on the above described City Clerk instructed to publish notice of same. Greenwood. received, placed on file 2, 2008, at 5:30 p.m. in request", be adopted and Ayes: Six. Absent: Resolution adopted and upon approval by Mayor assigned No. 2008-743. • • August 25, 2008 Page 13 New Business continued 127725 - Reggie Schmitt/Welper that the council adjourn to Executive Session at 6:55 p.m. Ayes: Six. Absent: Greenwood. Motion carried. City Attorney Jim Walsh stated that discussion of strategy in matters in litigation is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(c)(2007). EXECUTIVE SESSION 127726 - Steve Schmitt/Cole that the council adjourn Executive Session at 7:43 p.m. Ayes: Six. Absent: Greenwood. Motion carried. ADJOURNMENT 127727 - Steve Schmitt/Welper that the Council adjourn at 7:43 p.m. Ayes: Six. Absent: Greenwood. Motion carried. Nancy Eckert, CMC City Clerk