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HomeMy WebLinkAboutMinutes-5/26/2015May 26, 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, May 26, 2015. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: John Lazum and Burmese Children from Sacred Heart. 144508 - Hart/Morrissey that the Agenda, as amended, for the Regular Session on Monday, May 26, 2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Five. Motion carried. 144509 - Hart/Morrissey that the Minutes, as proposed, for the Regular Session on Monday, May 18, 2015, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Five. Motion carried. CONSENT AGENDA 144510 - Hart/Welper 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 May 26, 2015, in the amount of $1,823,998.03, 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. 2015-358. 2. Resolution approving Order Accepting Acknowledgment/Settlement Agreement and check for $1,500.00 from Metro Mart, 2332 Falls Avenue, Waterloo, Iowa for sale of tobacco to minor 2nd violation. Resolution adopted and upon approval by Mayor assigned No. 2015-359. 3. Resolution setting the date of public hearing as June 8, 2015 for a request by Seth Green to vacate a platted 5' wide by approximately 290.2' long utility easement along the west property line of Lot 3 of Tower Park No. 5. Resolution adopted and upon approval by Mayor assigned No. 2015-360. 4. Resolution setting date of hearing as June 8, 2015 to approve 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; and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2015-361. 5. Resolution setting a date of hearing as June 8, 2015 to approve a request to convey a portion of Lot 11 of Mid Port America Park Plat No. 2 to Con Agra Foods Packaged Foods Company for $1.00 in accordance with the Second Amendment to Development Agreement. Resolution adopted and upon approval by Mayor assigned No. 2015-362. 6. Resolution setting the date of public hearing as June 8, 2015 to enter into a Development Agreement with GMJ2 Industries, LLC for the construction of a mini -storage development, and authorize the sale and conveyance of City owned property for $1.00 located at the northwest corner of Northeast Drive and Martin Luther King, Jr. Drive in the Northeast Industrial Park. Resolution adopted and upon approval by Mayor assigned No. 2015-363. 7. Request by Kelly Angell on behalf of Relay for Life of Black Hawk County for a Variance to the Noise Ordinance on June 19, 2015 from 12:00 Noon to Midnight to be held at Hawkeye Community College, located at 1501 E. Orange Rd. A Public PA system will be used for announcements and a DJ using a PA system to broadcast music. May 26, 2015 Resolution adopted and upon approval by Mayor assigned No. 2015-364. b. Motion to approve the following: 1. a. b. Page 2 Travel Requests Name & Title of Amount not Personnel Class/Meeting Destination Date(s) to Exceed Robert Lentzkow, FOG Training WRA, Des 6/3/15 - $185.00 FOG Inspector Moines 6/4/15 Bob Osgood, IAPMO 86th Annual Las Vegas, 9/27/15 - $975.00 Chief Plumbing Education NV 10/7/15 Inspector Conference 2. Bonds. Roll call vote -Ayes: Five. Motion carried. PUBLIC HEARINGS 144511 - Hart/Welper that proof of publication of notice of public hearing on the issuance of ECP -1 - not to exceed $10,750,000 General Obligation Bonds for essential corporate purposes, as published in the Waterloo Courier on May 12, 2015, be received and placed on file. Voice vote -Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 144512 - Hart/Welper that the hearing be closed. Voice vote -Ayes: Five. Motion carried. 144513 - Hart/Welper that the "Resolution to institute proceedings to take additional action of issuance of said bonds", be adopted. Roll -call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-365. 144514 - Hart/Welper that proof of publication of notice of public hearing on the issuance of ECP -2 - Not to exceed $1,000,000 General Obligation Bonds (Urban Renewal) for essential urban renewal purposes, as published in the Waterloo Courier on May 12, 2015, be received and placed on file. Voice vote -Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 144515 - Hart/Welper that the hearing be closed. Voice vote -Ayes: Five. Motion carried. 144516 - Hart/Welper that the "Resolution to institute proceedings to take additional action of issuance of said bonds", be adopted. Roll -call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-366. 144517 - Hart/Welper that proof of publication of notice of public hearing on the issuance of GCP-1 - Not to exceed $700,000 General Obligation Bonds for general corporate purposes, as published in the Waterloo Courier on May 12, 2015, be received and placed on file. Voice vote -Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 144518 - Hart/Welper May 26, 2015 that the hearing be closed. Voice vote -Ayes: Five. Motion carried. 144519 - Hart/Welper Page 3 that the Resolution to institute proceedings to take additional action of issuance of said bonds", be adopted. Roll -call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-367. 144520 - Hart/Welper that proof of publication of notice of public hearing on the issuance of GCP-2 - Not to exceed $700,000 General Obligation Bonds for general corporate purposes, as published in the Waterloo Courier on May 12, 2015, be received and placed on file. Voice vote -Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 144521 - Hart/Welper that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Five. Motion carried. 144522 - Hart/Welper that the "Resolution to institute proceedings to take additional action of issuance of said bonds", be adopted. Roll -call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-368. 144523 - Hart/Welper that proof of publication of notice of public hearing on the issuance of GCP-3 - Not to exceed $700,000 General Obligation Bonds for general corporate purposes, as published in the Waterloo Courier on May 12, 2015, be received and placed on file. Voice vote -Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 144524 - Hart/Welper that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Five. Motion carried. 144525 - Hart/Welper that that "Resolution to institute proceedings to take additional action of issuance of said bonds", be adopted. Roll -call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-369. 144526 - Hart/Welper that proof of publication of notice of public hearing on the issuance of GCP-4 - Not to exceed $700,000 General Obligation Bonds for general corporate purposes, as published in the Waterloo Courier on May 12, 2015, be received and placed on file. Voice vote -Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 144527 - Hart/Welper that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Five. Motion carried. 144528 - Hart/Welper that that "Resolution to institute proceedings to take additional action of issuance of said bonds", be adopted. Roll -call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-370. May 26, 2015 144529 - Hart/Welper Page 4 that proof of publication of notice of public hearing on the issuance of GCP-5 - Not to exceed $500,000 General Obligation Bonds for general corporate purposes, as published in the Waterloo Courier on May 12, 2015, be received and placed on file. Voice vote -Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 144530 - Hart/Morrissey that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Five. Motion carried. 144531 - Hart/Welper that that "Resolution to institute proceedings to take additional action of issuance of said bonds", be adopted. Roll -call vote -Ayes: Five. Motion carried. Mr. Lind questioned the total amount of bonds being sold. Michelle Weidner, Chief Financial Officer, clarified the total amount of bonds being sold and stated that the amount allows for future flexibility when working with these bonds. Resolution adopted and upon approval by Mayor assigned No. 2015-371. 144532 - Welper/Hart that proof of publication of notice of public hearing on Sale and conveyance of city owned property acquired through Iowa Code 657A at 323 Crescent Place to Greg Smith for the minimum bid of $5,000, with Development Agreement; and instruct City Clerk to publish notice, as published in the Waterloo Courier on May 15, 2015, be received and placed on file. Voice vote -Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 144533 - Welper/Hart that the hearing be closed. Voice vote -Ayes: Five. Motion carried. 144534 - Welper/Morrissey that the "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly", be adopted. Roll -call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-372. 144535 - Welper/Morrissey that the "Resolution approving said development agreement; and authorize Mayor and City Clerk to execute said document", be adopted. Roll -call vote - Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-373. 144536 - Lind/Hart that proof of publication of notice of public hearing on the FYE2015 Budget Amendment, as published in the Waterloo Courier on May 13, 2015, be received and placed on file. Voice vote -Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Michelle Weidner, Chief Financial Officer, explained that the majority of the amendments are due to revenue being received after budgets were set for the fiscal year and many times we are spending funds received in prior fiscal years. 144537 - Hart/Morrissey that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Five. Motion carried. May 26, 2015 144538 - Lind/Hart Page 5 that the "Resolution to approve said budget amendment", be adopted. Roll -call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-374. 144539 - Morrissey/Hart that proof of publication of notice of public hearing on F.Y. 2015 Sidewalk Repair Program - Zone 5 and Trail Repairs, Contract No. 878, as published in the Waterloo Courier on May 22, 2015 and May 28, 2015, be received and placed on file. Voice vote -Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 144540 - Morrissey/Welper that the hearing be closed. Voice vote -Ayes: Five. Motion carried. 144541 - Morrissey/Welper that the "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-375. 144542 - Morrissey/Welper that the "Resolution authorizing to proceed in conjunction with the F.Y. 2015 Sidewalk Repair Program - Zone 5 and Trail Repairs, Contract No. 878", be adopted. Roll -call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2015-376. 144543 - Morrissey/Welper to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Bidder Bid Security Bid Amount Mike Dolan Concrete & Masonry 5% $ 330,258.09 B & B Builders & Supply Waterloo, IA 5% $ 249,787.72 Midwest Concrete, Inc. Peosta, IA 5% $ 325,442.00 Voice vote -Ayes: Five. Motion carried. 144544 - Morrissey/Welper that proof of publication of notice of public hearing on Request to vacate, sell and convey a portion of Greenhill Road right-of-way adjacent to 3561 University Avenue to Thirteen Associates, LLC in the amount of $28,000, as published in the Waterloo Courier on May 15, 2015, be received and placed on file. Voice vote - Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 144545 - Morrissey/Hart that the hearing be closed and oral and written comments and recommendations of approval of Planning, Programming and Zoning Commission be received and placed on file. Voice vote -Ayes: Five. Motion carried. Mr. Lind questioned if all provisions of Iowa Code 306.23 were followed. Noel Anderson confirmed that the Code was followed. May 26, 2015 Page 6 144546 Morrissey/Hart that "an Ordinance approving a request by Thirteen Associates, LLC to vacate a portion of Greenhill Road right-of-way", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Five. RESOLUTIONS 144547 - Hart/Morrissey that "Resolution directing the advertisement for sale of $12,455,000 General Obligation Bonds, Series 2015A; setting the sale date as June 9, 2015, approving electronic bidding procedures and the Official Statement for the sale", be adopted. Roll call vote -Ayes: Five Resolution adopted and upon approval by Mayor assigned No. 2015-377. 144548 - Hart/Morrissey that "Resolution directing the advertisement for sale of $1,545,000 Taxable General Obligation Bonds, Series 2015B; setting the sale date as June 9, 2015, approving electronic bidding procedures and the Official Statement for the sale", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2015-378. 144549 - Hart/Morrissey that "Resolution approving 2015 JAG Grant H009 -IA -RJ for the FY2016 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $58,833.00, to be used in a joint effort by jurisdictions of the City of Waterloo, City of Cedar Falls, Blackhawk County Sheriff's Office and the Black Hawk County Attorney's Office", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2015-379. 144550 - Hart/Morrissey that "Resolution approving releasing City's reversionary rights on the properties located at 332 and 334 Irving Streets", be adopted. Roll call vote - Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2015-380. 144551 - Hart/Morrissey that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Pro Track and Tennis, Inc. of Bennington, NE at a total cost of $51,620 in conjunction with 2014 Byrnes Tennis Complex Resurfacing Project", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2015-381. 144552 - Hart/Morrissey that "Resolution approving Memorandum of Agreement with Hawkeye Community College to conduct Fire Science classes at the Regional Hazmat Training Center", be adopted. Roll call vote -Ayes: Four. Abstain One (Hart). Resolution adopted and upon approval by Mayor assigned No. 2015-382. 144553 - Welper/Hart that "Resolution approving Second Amendment to Development Agreement with ConAgra Foods Packaged Foods Company, Inc. for the $10,000,000 third phase at the existing Con Agra Foods site on MidPort Boulevard - adding a $600,000 grant amount for infrastructure improvements, noting the exercise of the option land, exclusion of land for treatment facility, City extension of MidPort Boulevard, and authorize Mayor to sign and fully execute the document", be adopted. Roll call vote -Ayes: Four. Nays: One (Lind). Mr. Lind questioned the difference between the paper amount of $55 million dollar investment and the $10 million dollars noted in the agreement. Noel Anderson, Community Planning and Development Agreement, explained that the total investment, including equipment, is $55 million dollars but the increased property value through improvements will be at least $10 million. The treatment May 26, 2015 Page 7 facility already exists. The original development agreement already addressed the transfer of an additional 25 acres of land for $1. Mayor Clark asked for clarification that property taxes are currently being paid on this property and that they are within 3 years of paying 100% of their property taxes from the initial agreement. Noel Anderson clarified that they are currently paying 75% of the taxes on the original development and will be paying 100% in 3 years. Steve Dust, Greater Cedar Valley Alliance, stated that they are in competition for these types of investments and it is an advantage to Waterloo that the original agreement was made in 1996. These types of investments are very significant for Waterloo from a tax base point of view. Mayor Clark stated that ConAgra was looking other sites for this project, two of which already had ConAgra sites on them that have subsequently closed. Waterloo is benefiting because we have prevailed in this process. Steve Murphy, 124 Terrace Drive, expressed concern with the lack of transparency through this process and the ultimate cost to the taxpayer. Forest Dillavou, 1725 Huntington Road, expressed concern for the increased cost to the taxpayers for additional services, police and fire in particular, associated with this project. Resolution adopted and upon approval by Mayor assigned No. 2015-383. 144554 - Jones/Morrissey that "Resolution approving an agreement with Allen Hospital to perform the duties of Medical Director for an annual stipend of $5,000", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2015-384. 144555 - Jones/Morrissey that "Resolution approving grant application to Waterloo Convention & Visitors Bureau (CVB), partner funding program, Hotel -Motel Tax (Mini) Grant Application - Full Count Academy, in the amount of $2,430, for facility rental, umpires and sanctioning fees", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2015-385. ORAL PRESENTATIONS Mr. Morrissey questioned when the new ordinance governing Roadside Memorials would go into effect and who would be responsible for the maintenance of the area along Hwy 218. Suzy Schares, City Clerk, stated that the ordinance has yet to be published. Mayor Clark stated that maintenance of the area along Hwy 218, with some exceptions, is primarily the state's responsibility. He also stated that he will issue a press release when the ordinance goes into effect. Suzy Schares stated that she will verify the exact date. It will be 10 days after publication. 144556 - Hart/Welper that the above oral comments be received and placed on file. Voice vote -Ayes: Five. Motion carried. ADJOURNMENT 144557 - Hart/Welper that the Council adjourn at 6:10 p.m. Voice vote -Ayes: Five. Motion carried. Suzy Sc ares, CMC City Cl rk/Human Resource Director