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HomeMy WebLinkAboutMinutes-03/08/2010• • March 8, 2010 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, March 8, 2010. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Steve Schmitt, Council Member At Large. 130687 - Hart/Schmitt that the Agenda, as amended changing the wording on item #15, for the Regular Session on Monday, March 8, 2010, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 130688 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, March 1, 2010, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Clark performed a Swearing -In of the following Police Officers: Jessica K. Brownell, Monica L. Jergens and Andrew W. Naumann. CONSENT AGENDA 130689 - Hart/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. 1-53, dated March 8, 2010, in the amount of $1,7, 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. 2010-167. 2. Communication from Interim Police Chief transmitting request of John Deere to hold John Deere Fall Fest 2010 event on September 8-11, 2010 with a tractor parade on Friday, September 10, 2010 to start at 8:00 a.m., with route beginning at TechWorks located at 360 Westfield Avenue, proceeding to Westfield and Jefferson, continue on Jefferson to W. 6th Street, left on W. 6th Street to Martin Luther King Drive, continue on Martin Luther King Drive to Idaho Street, left on Idaho Street, continue on Idaho Street to East Donald Street, right on East Donald Street to John Deere Tractor and Cab Operations located at 3500 East Donald Street. Parade departure from 3500 East Donald Street will start at 1:00 p.m. and will reverse the path with the return route to involve E. 5th Street to Jefferson Street, right on Jefferson Street to 360 Westfield Avenue. Resolution adopted and upon approval by Mayor assigned No. 2010-168. 3. Resolution accepting Acknowledgment/Settlement Agreement for a 30 -day Suspension starting March 11, 2010 with Kimball Avenue Drug of 2104 Kimball Avenue, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. Resolution adopted and upon approval by Mayor assigned No. 2010-169. 4. Resolution accepting Acknowledgment/Settlement Agreement in the amount of $1,500.00 with Walgreens 3590 of 3910 University Avenue, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. Resolution adopted and upon approval by Mayor assigned No. 2010-170. 5. Resolution accepting Acknowledgment/Settlement Agreement in the amount of $300.00 with All Stop Convenience of 51 Martin Plaza Drive, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. Resolution adopted and upon approval by Mayor assigned No. 2010-171. March 8, 2010 Page 2 Consent Agenda continued b. Motion to approve the following: 1. 2. 3. 4. 5. 6. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Robert Sankey -Britt PD; James Holmes -Hardin Co. SO; Patrick Shirley- Floyd Co. SO; Donald McLaren -Fort Dodge PD; Terrance Prochaska - Mason City PD; Chad Dobney-Northwood PD LEIN Criminal Intelligence Course Des Moines, Iowa April 5-16, 2010 $4,800.00 Joshua Douglas -Charles City PD; William Thomas -Clear Lake PD; Ryan Shawver-New Hampton PD; Jody Chansler-Fort Dodge PD LEIN Criminal Intelligence Course Des Moines, Iowa April 19-30, 2010 $3,200.00 Shane Schellhorn, Fire PALS Coordinator Juvenile Firesetters Intervention Specialist Class Emmittsburg , Maryland May 30- June 6, 2010 $130.48 Troy Luck, Fire Inspector Fire/Arson Origin & Cause Investment Class Emmitsburg, Maryland July 10-25, 2010 $234.48 Jason Kayser, Fire Engineer Juvenile Firesetters Intervention Specialist Class Emmittsburg , Maryland May 30- June 6, 2010 $130.48 Ann Northey, Administrative Secretary; Nancy Gulick, Community Development Coordinator HUD - IDIS Training for Entitlement Communities Minneapolis , Minnesota May 3- 5, 2010 $980.00 7. Approving recommendation of appointment of John Martin to the position of Rehabilitation/Relocation Specialist, effective March 22, 2010. 8. Beer License Permit Application Class C Sycamore Convenience, 617-619 Sycamore Street (Renewal) (3/11/11) (Includes Sunday Sales) 9. Liquor License Permit Application Class C Cu and The Cellar, 320 E. 4th Street (Renewal) (3/17/11) (Includes Sunday Sales with Catering Privilege) Lone Star Steakhouse & Saloon, 4045 Hammond Avenue (Renewal) (3/11/11) (Includes Sunday Sales) Club Fever, 313 W. 5th Street (New) (2/15/11) (Includes Sunday Sales) Sapphire's Gentlemen's Club, 301 W. 4th Street (Renewal) (2/12/11) 10. Liquor License Permit Application Class E Sycamore Convenience, 617-619 Sycamore Street (Renewal) (3/11/11) (Includes Sunday Sales) 11. Wine License Permit Application Class B Sycamore Convenience, 617-619 Sycamore Street (Renewal) (3/11/11) (Includes Sunday Sales) 12. Outdoor Service Area Application Cu and The Cellar, 320 E. 4th Street Lone Star Steakhouse & Saloon, 4045 Hammond Avenue 13. Bonds Ayes: Seven. Motion carried. • • • • March 8, 2010 Page 3 PUBLIC HEARINGS 130690 - Hart/Welper that proof of publication of notice of public hearing on Archaeological Services for New Construction Projects: Single -Family Homes and Northeast Iowa Food Bank Campus, as published in the Waterloo Courier on February 23, 2010, be received and placed on file. Ayes: Seven. Motion carried. 130691 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Greenwood that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 130692 - Hart/Welper that "Resolution confirming approval of Request for Proposal, contract, etc. on the Archaeological Services for New Construction Projects: Single -Family Homes and Northeast Iowa Food Bank Campus", be adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-172. 130693 - Hart/Welper that "Resolution authorizing to proceed in conjunction with the above project", be adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-173. 130694 - Hart/Cole to delay bid opening until April 5, 2010. Ayes: Seven. Motion carried. 130695 - Schmitt/Welper that proof of publication of notice of public hearing on Property Exchange Agreement and Option Exchange Agreement with L and H Farms, Ltd for the acquisition of property located in the San Marnan TIF District in the amount of $820,000.00 plus up to $10,000.00 in closing costs, as published in the Waterloo Courier on February 25, 2010, be received and placed on file. Ayes: Seven. Motion carried. 130696 - This being the time and place of public hearing, the Mayor called for written and oral objections. Suzy Schares, City Clerk, stated that she received a letter of concern/against from Bob Claassen and a letter of support from Hugh Fields. She stated that there is also a letter of opposition from Rick Young. Bob Claassen, 2016 Pear Street, Cedar Falls, Iowa, stated that he owns several properties in Waterloo both alone and within a partnership. He stated that he is also a real estate broker in the Cedar Valley area. He stated that he is opposed to the city buying this 23-25 acre track. Mr. Claassen stated that when he first became aware of the city's plan to acquire this land he was first opposed to it on the grounds that he thought it would compete with other area developments. He stated that now that he has learned more about the city's plans for the area he is opposed to this acquisition for other additional reasons. He had written a letter to the city planning department and sent copies to the City Council and Mayor. Since writing the letter he has learned more about the plans and that they are much more involved than acquiring these 25 acres. The plans call for the acquisition of much larger tracks of ground for the purpose of light and industrial development. The plans call for the city to have much larger lots available including a 100 -acre track suitable for a very large user perhaps as large as a Target Distribution Center. By the way, according to the city light industrial uses include operations such as a Target Distribution Center. He asked if the city has considered the impact of the size and type of this development on what it will have on this part of the community. For example the heavy traffic and the potential for noise. If the two-lane Ansborough and Highway 20 overpass could handle the traffic, he does not believe that it can, and asked the council if they have considered the impact traffic would have on San Marnan. Mr. Claassen stated that this part of Waterloo is one of very few areas in the city where there is any residential growth. March 8, 2010 Page 4 Public Hearing continued The planned amount of light industrial development in this location would significantly and negatively impact further residential development in the area. The planned light industrial development directly conflicts with new efforts being discussed among builders, developers, the city and Waterloo Schools to attract more residential growth to Waterloo including the area. The size and scope of the light industrial growth the city is planning for the area appears to be in conflict with the intentions of the Waterloo Schools to replace and relocate the Orange Elementary School. The fact that the level of light industrial development being planned for the area could have a negative impact of attracting office users nearby. As mentioned earlier, when he had originally wrote his letter to the City Planner opposing the land acquisition he did so on the grounds that the city should not compete with the private sector in land development. Private developers invested millions of dollars in other area developments and he thinks that it is unfair for the city to use the unusual access to funds that being bonding and RISE grants to pay for the ground and any necessary improvements. There are no less than five areas in Waterloo that are currently available for the same users that could otherwise be placed in this new development. Mr. Claassen stated that many of the sites are also owned by the city. While he opposes to the development the expansion of it at this location is really shortsighted. If the city is to pursue such additional development there are other locations better suited for it that the infrastructure is more able to accommodate truck traffic and it is further from residential growth areas. He stated that he understands that some commitment has been made by the City of Waterloo towards acquiring the ground the city is to purchase in exchange for the 25 acre of track. Mr. Claassen asked what the commitment was. Mayor Clark stated that he also had some concerns after taking office as Mayor but after speaking with everyone that is involved with growing the city and the land use map that has been out there for an expanded amount of time shows the area as being light industrial use so it is not something that the city has not put in enough thought about. Noel Anderson, Community Planning & Development Director, has reviewed the opposition letter and an e-mail that was received regarding this item. Mr. Anderson stated that the city's goal is to develop all of south Waterloo as well as the entire City of Waterloo. He stated that the city is not going to do one project that is going to damage the development of the area. He referenced the future land use map. He stated that he meets with the Waterloo School District twice per month and is working on a location for the new schools. The south portion of the road is Shaulis Road where it will be extended creating a new roadway through south Waterloo, which we believe traffic will pick up on. Which is why one of the strengths of the business park area. Of course the north end of that area is San Marnan Drive with Highway 20 going through it. Which again creates a growth and strength of transportation through that area. In working with the school district, they are working on a new school to replace Orange Elementary. That will probably be somewhere in between Shaulis and Orange Road. Somewhere between Ansborough and Highway 21 is just some kind of preliminary discussions. No site has been chosen but that would seem to be in the central of their student population. So we are cognizant of the residential growth to the west and to the east of this site. As well as the new school to the south but we also want to take advantage of our highway infrastructure with Highway 20, Highway 21, the new Ansborough interchange. The Cinergy that's occurring on the north side of Highway 20 which we believe between the west and east side of Ansborough there is a lot of room for new office development. What the City of Waterloo is working on the south side of Highway 20 is compatible light industrial according to the land use map. In drafting the zoning ordinance, future land use map and all of the documents and regulations that govern the development that will occur there the city was cognizant in making sure that it is going to be compatible light industrial again to blend in with the other office development and residential a half mile away that's occurring in that area. In terms of the city being involved, the city has developed an northeast industrial park working through partnerships with the Waterloo Industrial Association of the Acquisition of Land (WIDA). The city has acquired over 150 acres in that area. The northeast industrial park is primarily set up for heavy infrastructure users for water and sewer. The city has worked to acquire land up near the airport area and now we believe its time based on feedback that we received back from some larger corporations from Site Consultant Connection people that work for new business development nationwide that we need to develop the Highway 20 corridor. The city has remained in good partnership with plenty of the developers in all of these areas and all of our TIF districts. Some recent ones would include Geraldine Road, which again the city has over 400 acres near the airport area. The company wanted to go onto private land, the city worked with the private owner to make sure that the project worked good for them, for the company and for the City of Waterloo. • • March 8, 2010 Page 5 Public Hearing continued So the city remains vigilant in working with the private developers as well as working to the city's best needs of locking up these large portions of land to go after big businesses and new jobs. Mr. Claassen stated that he didn't hear what level of commitment was made on the purchase of the land that will be exchanged. James Walsh, City Attorney, stated that the City Council has to approve the agreements that have been made. Nothing can be done orally regarding real estate; it has to be done in writing. It has to be approved by the City Council. So if you are asking if there is a final agreement there can't be until the City Council approves it. Gene Leonhart, principal of a construction company as well as a partner in Lendorff LLC that owns the Country Club Business Center at the corner of San Marnan Drive and Ansborough Avenue. He is opposed to what is being proposed for a variety of reasons. Some of which are similar to what Bob Claassen has expressed. The development of the Country Club Business Center was followed by some strict guidelines that were presented by the city as well as the neighborhood. They were required to build certain things as well as restricted from building others, particularly retail. And as he looked at the plan that is acknowledged now the area adjacent to Ansborough, the south of their development is open for retail which would be in direct conflict with what the neighborhood wanted to see happen. As well as the fact that it would be a negative benefit to his development. The city shows it retail but in questioning Noel Anderson relative to the development that was to go on there he was told it was light industrial but there is no criteria at this point for what the buildings are to be. More over the city has varied before when the user did come forward and said they would take the parcel but build to their criteria and then the city has knuckled under. So therefore, his question gets to the criteria that his development had to build at the Country Club Business Center. He asked what will be across Highway 20 for construction that is going to be compatible. Whether it is light industry or retail. He did not see the criteria as part of this proposal. Mr. Leonhart stated that he had to trump the funding portion that the city has bonds available to them to buy the property, the city has RISE funds available to improve the property, the city has user fees for water and sewer to improve the property so his development is competing with what the city can do for free. He asked how to counter the fact that he has millions invested now across the street and he is unable to compete. He stated that it is not only the Country Club Business Center it is everyone else that has done private development in the city. Everyone is all for economic development but how is it being played out. Mayor Clark stated that he believes that the city is very cognizant of the public and private relationship in Waterloo. Any development that goes on in that area is going to have to come before the council for a plan review. Everyone has a specific idea as to what the city would like that area to look like. Mr. Leonhart says retail there is nothing going in like a small convenient store type retail in that area. That is not what that area is proposed to be and there is a very specific plan for that area. While it is not in this particular document it is all of the minds of the council that it will be a crown jewel of the city out there. Both sides of Highway 20 will be compatible with each other in the building and aesthetics as to what that looks like. As far as the concerns of the city buying property and being in competition the city absolutely does not want to compete with private business owners, the city wants to work together. The city has purchased land across the city, which has spurned development in those areas that have helped the private development that has private ownership in the area. The city is hopeful that this will do the same. Whether the plan is liked or not, all across the Country the way that development happens is exactly the way the city is doing it with this area. The city purchases the land, develops it and gets it ready for a business. The city would have the property to offer them with then. It is the way that cities are doing business now and its how other cities are developing rapidly in development. The city is purchasing the land to have readily available for developers that want to come in and put businesses in it. Mayor stated that he is hoping that this will be a win-win for everyone concerned. Noel Anderson commented on the restrictions that Mr. Leonhart stated on the buildings that could be built south of San Marnan. The City Council approved three different zoning districts located north of Highway 20 and south of San Marnan Drive. Staff was careful in working with the neighbors and working with the property owners along that area to make sure that the city was trying to plan out the future land use that was compatible. Essentially there is residential area to the south side of San Marnan then its layered to be office use, which seems to be more compatible with the residential and then it gets down to the potential for light industrial compatibly designed. March 8, 2010 Page 6 Public Hearing continued As the city is looking forward to moving forward on the area south of Highway 20 with the city deemed as the land owner the city goes through the platting process for dividing lots up and would welcome working with the developers on the restrictions on there to try to work with them to make that compatible to their developments. Staff would encourage planned districts. Right now it's zoned business park a 141 of a mile south of Highway 20. The remaining portion is stilled zoned agriculturally so as site plans were to occur that would have to come back through the council through planned districts site plan amendments. So again they would have some opportunities for public input. Another thing that Mr. Leonhart noted was the city's RISE funds and the option to go after additional funding. The city has worked pretty extensively with some of the private developers in this area. Building Cyclone Drive on private land with RISE funds, building the Fitzway Drive extension for the VGM expansion project with RISE funds and Geraldine Road is up by the airport built with RISE funds. So the city is always looking to help out the private developers as well with the RISE funds if the city can. Mayor Clark stated that he hates to make comparisons and tries not to. Mayor Clark stated that Mr. Leonhart mentioned the Target Distribution Center. Mayor Clark had a conversation with Mr. Anderson this afternoon and was told of the aesthetics of that is actually residential and asked how close. Mr. Anderson stated that from the Target Distribution Center there is residential that has occurred just recently approximately a quarter mile to the north. Mr. Anderson stated that it's a matter of sometimes landscaping or creating smaller lots between the large development and the residential to buffer that with office use. Councilperson Schmitt asked if the city's land use map has changed recently according to what Mr. Leonhart stated or has it basically been the same for some period of time. Mr. Anderson responded that the map for that area has been the same since the city rezoned the land back in 2004. The last change that was done to the future land use map was done in 2000 so it has been in place for quite some time. Councilperson Schmitt asked what the approximate amount of acres was that the city has ownership of for developments. Mr. Anderson responded that city wide there is probably about 600 acres. That would include about 400 acres around the airport that have been released for development, about 150 acres in the Northeast Industrial park area and approximately 23 acres in the Ridgeway & Highway 63 area. Councilperson Greenwood asked if the Shaulis Road extension is planned to be two-lane or four -lane. Mr. Anderson responded that the design is planned for four -lane but would be constructed as two-lane with a potential bike trail along it initially. Councilperson Greenwood asked if there were plans to make Ansborough wider going south. Mr. Anderson responded that he doesn't believe it will be wider going south other then a slight change for where it widens down to have the potential for turn lanes. Reverend Ed Loggins, 233 Oliver Street, stated that he is concerned at the lack of development on the north side of town. He asked if the developers had been taken to that side of town or thought about developing on that side of town especially since there is so much going out by the airport. Mr. Anderson responded that two of the larger recently developments in the last 5 years would be the Ferguson Distribution Center which is a 608,000 square foot distribution center that employs 218 that is located at the Northeast Industrial Park near Tyson and John Deere. One of the attributes of that area was that it had rail accessibility that drove them there and when their next expansion occurs they would want the possibility of rail. Mr. Anderson stated that the area is currently off the entire highway system and had been working through the NPO on some of the more recent funds have been directed at improvements to Dubuque Road which comes directly off of Interstate 380 then take Dubuque over to Elk Run Road. In the past the city has used NPO funds to make improvements to north Elk Run Road in terms of improving access to that site to show to more companies. Another more recent project would be the ConAgra expansion, which brought another 150 high paying jobs to the community. It was approximately a $42 million dollar project for ConAgra with equipment included in there. That is out at the airport area and again the drawing factors to that site was the immediate access to Highway 218. Mr. Anderson stated that the city believes these are high both high strength areas and continue to see some smaller developments occur there as well as working on getting some of the larger ones. Mayor Clark stated that as the Highway 63 corridor comes to a finish and opens up that will open the property to the north and staff is hopeful that will pick back up again. There is a lot of focus going on in Ward 3 and 4 of the city. A lot of it is not necessarily large industrial but smaller grocery stores and restaurant type development. And the city is focusing very hard on that area and Mr. Loggins will be very happy with what happens in that area in the next couple of years. • • March 8, 2010 Page 7 Public Hearing continued Mark Rolinger, L & H Farms, Ltd. Counsel, stated he was the drafter of the agreements and worked with staff. He stated that his primary focus was to answer any questions council may have with the agreements and would like to offer some comments on some of the objections that have been raised. He sympathizes with Mr. Leonhart and Mr. Claassen, who are friends of his, with their point of view. He is in hope that the development does not work out the way that they think it may and thinks that council can take some comfort in the fact that there is good evidence to support the proposition that this will be a catalyst for development. And he thinks this will be a catalyst for development on private property that is adjacent to the city owned development. In the course of working with the city he had asked Noel Anderson about a situation that he was aware of and asked how things have gone in development on Highway 63 and Ridgeway. He stated that was a city acquisition that received similar objections and what the map shows is that the city's acquisition of the Denso property and area of landowners around it were concerned about competing with the city. He stated that since the Denso project went in there has been a lot of development on the private property adjacent to the Denson property and some of the city owned property still lies vacant. Most are familiar with this, Dr. Mauer built the building across the road, the Social Security office built on privately owned ground out there, Craft Cochran is being built on ground adjacent to that, Turnkey Associates is also building on ground out there. And most of this is from incentives from the city. He thinks that was the point that Mr. Anderson was making and the city will continue to work with private property owners and providing incentives to those interested in building around. He thinks everyone in the development business would agree that momentum can be one of the keys to the development of real estate. There were other sites in that area as well. Wilbert Burial was also one that built on land adjacent to Denso with incentives from the city. Rain Soft built on land with incentives from the city and Riley's Floors. All of these occurred not on city land but around city land following the Denso development and the city's acquisition of land. He sincerely hope that this causes and acts as a catalyst rather than squelching the development of private property. He knows that's there has been a lot of privately owned land development surrounding the Cedar Falls Industrial Park and would expect the same thing here. Schmitt/Welper that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 130697 - Schmitt/Welper that "Resolution approving said property exchange agreement", be adopted. Ayes: Six, with Councilperson Getty voting nay. Motion carried. Mr. Schmitt noted for the record that he has had a number of conversations with individuals on both sides of this issue and it is a tough call because there are developers on both sides of this and it is a philosophical difference. Based on what he has seen happen in other areas, it seems like this is the logical thing to do. Mr. Jones stated that the land will be used for compatible use. That is what he has been told and that is his understanding. This is land that he can see from his front yard and it is important to him. He can see this taking place so he will vote yes. Mr. Greenwood stated that the WIDA letter tells his point of view. He quoted Hugh Field stating, "that the intent of this is not to compete with the private sector but to compliment development north of Highway 20 and help higher end developments to benefit both the private and public sector. As long as he is here, he will try to make that happen. He is not a big proponent of the government competing with the private sector; however in this case, the proof has been in the pudding that the City has helped bring businesses into the business park. Mr. Getty expressed concern with the cost of the land at $40,000 per acre and the lack of high-tech technology available in the area. He doesn't see anyone with any merit going out there because of the lack of technology. Resolution adopted and upon approval by Mayor assigned No. 2010-174. 130698 - Welper/Hart that proof of publication of notice of public hearing on F.Y. 2010 Cedar Prairie Trail Bridge Repairs, Contract No. 764, as published in the Waterloo Courier on February 25, 2010, be received and placed on file. Ayes: Seven. Motion carried. March 8, 2010 Page 8 Public Hearing continued 130699 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Hart that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 130700 - Welper/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-175. 130701 - Welper/Hart that "Resolution ordering construction", be adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-176. 130702 - Welper/Hart to receive, file and instruct City Clerk to open bids and refer to City Engineer for review: Bidder Bid Bond Bid Amount Iowa Bridge & Culvert, LC Washington, IA 50 $114,500.00 Peterson Contractors Inc. Reinbeck, IA 5% $152,526.00 Taylor Construction, Inc. New Vienna, IA o 5s $203,800.00 Ayes: Seven. Motion carried. 130703 - Greenwood/Schmitt that proof of publication of notice of public hearing on development agreement to sell and convey city -owned property generally located at 1333 Leavitt Street for $1.00 to Iowa Habitat for Humanity, as published in the Waterloo Courier on March 4, 2010, be received and placed on file. Ayes: Seven. Motion carried. Noel Anderson, Community Planning and Development Agreement, reported this is a lot the City was able to acquire. It was a fire -damaged home that the City was looking at with the 657a process however it was conveyed to us in another process. We were fortunate to some Neighborhood Stabilization funds available to help Habitat for Humanity build a new home with a minimum value of $85,000 through a development agreement and put a new house and a new family on this lot. As part of the process Habitat for Humanity will be demolishing the old home, saving the City $7,000 in costs. Mayor Clark stated this is another success story of 657. 130704 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Schmitt that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 130705 - Greenwood/Schmitt that "Resolution approving said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-177. • • • • March 8, 2010 Page 9 Public Hearing continued 130706 - Greenwood/Schmitt that "Resolution approving said development agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-178. RESOLUTIONS 130707 - Greenwood/Schmitt that "Resolution approving three-year term agreement with the City of Cedar Falls for HOME Consortium to submit to the U.S. Department of Housing and Urban Development the cities requests for Federal HOME Program funds", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-179. 130708 - Greenwood/Schmitt that "Resolution approving recommendation of award of contract in the amount of $68,230.00 to Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2010 Salvaged Asphalt Crushing, Contract No. 785", be received, placed on file and adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-180. 130709 - Greenwood/Schmitt that "Resolution approving Professional Services Agreement in the amount of $18,000.00 with AECOM in conjunction with F.Y. 2010 Arch Gate Replacement Dry Run Creek, Contract No. 778", be adopted and Mayor authorized to execute same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-181. 130710 - Schmitt/Welper that "Resolution approving Professional Services Agreement in the amount of $57,000.00 with AECOM in conjunction with F.Y. 2010 River Renaissance Trail - 6th Street to 18th Street, Contract No. 761", be adopted and Mayor authorized to execute same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-182. 130711 - Schmitt/Welper that "Resolution approving Supplemental Agreement No. 2 with Kirkham Michael for final design at an estimated cost of $125,000.00 in conjunction with West Shaulis Road Extension", be adopted and Mayor authorized to execute same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-183. 130712 - Schmitt/Welper that "Resolution approving Contract, Bonds and Certificates of Insurance in the amount of $3,189,424.95 with Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2010 River Renaissance Lower Plaza, Contract No. 763", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. Mr. Greenwood asked for the timeline of this project. Eric Thorson, City Engineer, insured Council that after the action tonight the City will be meeting with the contractor to conduct a pre -construction meeting and they will get start as soon at the weather allows this spring. The completion date is December 31,2010. Mr. Welper asked if the dam is done. Mr. Thorson stated that the structure is done, the bladder is installed and tested, and the contractor needs to finish removing the cofferdam materials. They have been working on it as they could. It is basically ready to go, there is just clean up work to be done. Resolution adopted and upon approval by Mayor assigned No. 2010-184. March 8, 2010 Page 10 Resolutions continued 130713 - WelperHart that "Resolution approving the use of $155,000.00 plus up to $5,000.00 in funds needed for closing costs in Tax Increment Financing funds for the acquisition of property generally located at 625 Glenwood Street", be adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-185. 130714 - Welper/Hart that "Resolution approving the submission of a grant application for $50,000.00 through the Energy Efficiency and Conversation Block Grant (EECBG) Program and designating the City of Waterloo as the local sponsor", be adopted. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-186. 130715 - Welper/Hart that "Resolution approving a Letter of Support and Preference with Legacy Manor of Waterloo for new construction of a 60 -unit, 3 -story, low-income senior housing apartment building near the Flammang Drive and Schukei Road area", be adopted and Mayor authorized to execute same. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-187. Mr. Hart reported that a while ago the City off letters of support and that there were a couple of different areas we were looking at. The first option is one we had planned. Did that not go through? Noel Anderson, Community Development Director, reported the first option we had was behind the Super Target and there is actually two sites back there. One has full approval and will be built as soon as the weather allows. That is the 96 -units of family housing. The second site the developer was unable to get it through the Iowa Finance Authority process in time. The developer is requesting a second site near the Flammang Drive and Shukei road area. Previously there was another senior assisted living facility planning to go there but they did not get all the Iowa finance tax credits that they needed so they are not moving forward at this time. The developer is also looking at a second alternative site at Hummingbird Circle. Dan Tominson, Anchor Housing Development, reported that he is working on both sites and he expects the Flammang site will be secured tomorrow and that will be his first choice. The second choice would be the Crossroads site directly behind the Super Wal-Mart. It will be an identical project in either location. Welper/Hart that Hummingbird Circle be added as alternative site. Ayes: Seven. Motion carried. BUDGET HEARING 130716 - Hart/Welper that proof of publication of notice of public hearing on FYE2011 Budget, as published in the Waterloo Courier on February 19, 2010, be received and placed on file. Ayes: Seven. Motion carried. 130717 - 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, presented a power point presentation on the FYE 2011 Budget which in on file in the City Clerk's office. Mayor stated that several departments get so many calls regarding the mixture of funds and it is important to let people know that funds cannot be transferred from projects to pay salaries, wages, etc. once the projects are set. Ms. Weidner stated that is correct and that is why it is so important to track the funds. There are approximately 30 funds within the city and a multitude of. projects to keep track of. Ms. Weidner continued with the power point presentation. Mayor Clark asked if the 520 employees then due to retirements and so forth are brought down to 515 or less. Ms. Weidner responded that potentially but there are now 5 newly funded police officers. She stated that a decrease may not be seen but it is because they are being funded with a grant and not with property taxes. Ms. Weidner continued with the power point presentation. Ms. Weidner thanked Mayor, Council and Department Heads. She stated that this is a long process and thanked all of the finance employees. • • • March 8, 2010 Page 11 Budget Hearing continued She thanked Joyce Schroeder for all of her hard work at accumulating all of the numbers used in the presentation. Mayor Clark stated that when the process was started in January the goal was to try to maintain the current services without laying anyone off and no tax increase. It became apparent that was not going to happen so all department heads were all talked to about their budgets, requests and line items. Each department went through the each line item and took out what was possible. The end result is the budget that is being presented to Council tonight that is a really fair budget to present. Mayor Clark stated that he feels it is a very fair budget proposal. Councilperson Getty asked what services would be cut. Mayor Clark referred to the level 3 reductions that's on file with the City Clerk. Councilperson Schmitt asked if how the money is spent has been on an upward spiral within the last ten years or relatively static. Ms. Weidner responded that she believes that it has been fairly stable. Councilperson Greenwood stated that he will be supporting the budget that is being proposed and thanked everyone involved with the process. Councilperson Welper stated that his focus was not going to be on cuts and the city is down to services being provided. Councilperson Welper thanked Ms. Weidner and her staff for all their hard work at putting this budget together. Councilperson Welper stated that council has the responsibility to keep taxes down but also has to keep the city moving and will be supporting the proposed budget. Councilperson Cole thanked everyone involved in the budget process for all the hard work and for making the budget process fairly painless. Councilperson Cole stated that she is in support of keeping the tax increase low and does not support using reserve funds. Councilperson Cole stated that once the city goes into the practice of using reserve funds that it becomes easier to take out of that fund. Councilperson Cole understands the reasoning for it but cannot support it. Councilperson Getty stated that he also does not agree with taking money out of the reserve funds. Councilperson Getty stated that it was put in there for a reason until the city's goal was reached and is concerned about using reserve funds. Councilperson Getty stated he will not support this budget. Mayor Clark stated that no matter what was looked at services were getting cut to the citizens and that was just not feasible. Councilperson Schmitt thanked everyone for all the work and there were several suggestions regarding the budget that were brought to the table and looked upon. Councilperson Schmitt stated that using Mayor Clark's suggestion to look at the budget throughout the year is a very good idea. Councilperson Schmitt stated that collaboration with the Waterloo Schools and Black Hawk County was a great suggestion as to keeping at the budget. Councilperson Schmitt stated that he also thinks that dipping into the reserve fund is not a good idea but if we can have a lower tax rate then he understands why it is being done. Councilperson Schmitt stated that he will be voting against this budget because he does not feel that the city should be dipping in to the reserve fund. Councilperson Welper stated that using reserve funds is for worst case scenario. Councilperson Jones stated that the reserve funds are generated by the departments being good stewards of their money. Councilperson Jones stated that this reserve fund has been built by our departments being efficient in their budgets so while he does not want to go into the reserve but if the reserve is not used then services will start to get cut in all departments. Councilperson Hart stated that this has been a very tough decision for everyone to make and thanked Ms. Weidner and her staff and Mayor Clark for all work put into the budget. Councilperson Hart stated that he thought about all the reasons for using reserve funds and thinks that taking this opportunity to use reserve funds to budget out is a smart opportunity. Councilperson Hart stated that he is in favor of this budget even having to dip into the reserve funds. Hart/Welper that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 130718 - Hart/Welper that "Resolution approving said budget with a total tax levy rate of $18.26406 and total property tax askings of $38,940,739.00", be adopted. Ayes: Four, with Councilpersons Cole, Getty, and Schmitt voting nay. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2010-188. ORAL PRESENTATIONS None March 8, 2010 Page 12 ADJOURNMENT 130720 - Getty/Hart that the Council adjourn at 7:23 p.m. Ayes: Seven. Motion carried. Suzy Schares City Clerk • •