HomeMy WebLinkAboutMinutes-03/15/2010• •
March 15, 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 15, 2010. Mayor Ernest G. Clark
in the Chair. Roll Call: Cole, Getty, Hart, Welper
Moment of Silence.
Pledge of Allegiance: Suzy Schares, City Clerk.
130721 - Hart/Cole
that the Agenda, as proposed, for the Regular Session on Monday, March 15, 2010,
at 5:30 p.m., be accepted and approved. Ayes: Four. Absent: Jones,
Greenwood, Schmitt. Motion carried.
130722 - Hart/Cole
that the Minutes, as proposed, for the Regular Session on Monday, March 8, 2010,
at 5:30 p.m., be accepted and approved. Ayes: Four. Absent: Jones,
Greenwood, Schmitt. Motion carried.
Mayor Clark read a Proclamation declaring' Waterloo as "Party Town" in regards to
the Waterloo Black Hawks hockey team.
CONSENT AGENDA
130723 - 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 Schedule AP642, pp. 1-96, dated March 15, 2010, in
the amount of $3,312,047.53, 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. 2010-189.
2. Communication from Interim Police Chief transmitting request of the Easter
Seals Camp Sunnyside to hold Pony Express Ride within Black Hawk County on
April 2, 2010 beginning at approximately 3:15 p.m. with riders parade
route to start along Lafayette Street from the city limits of Evansdale to
Waterloo, to E. 6th Street near the Black Hawk County Courthouse, right on
E. 6th Street to Mulberry Street, left on Mulberry Street to City Hall.
Resolution adopted and upon approval by Mayor assigned No. 2010-190.
3. Communication from City Clerk canceling sidewalk assessment in the amount
of $294.16 for 420 Sherman Avenue in conjunction with the FY 2010 Sidewalk
Repair Assessment Program - Zone 9, Contract No. 765.
Resolution adopted and upon approval by Mayor assigned No. 2010-191.
b. Motion to approve the following:
1. Communication from Mayor Clark transmitting recommendation of appointment
of Ms. Anesa Kajtazovic and Rev. Kenneth Adderly to the Community
Development Board effective immediately, with term expiration as March 1,
2013
2.
3.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Mark Gallagher,
Sports Manager;
Bob Etringer,
Sports
Programmer
Certified Pool
Operator School
Cedar Rapids,
Iowa
May 11-12,
2010
$415.00
Greg Stewart,
Medical Officer
R:150 Management
of EMS
Emmitsburg,
Maryland
April 10-
25, 2010
$234.48
March 15, 2010 Page 2
4. Beer License Permit Application
Class B
Iry Warren Memorial Golf Course, 1000 Fletcher Avenue (Renewal) (03/31/2011)
(Includes Sunday Sales)
5. Beer License Permit Application
Class C
Hy -Vee Food Store #2, 2181 Logan Avenue (Renewal) (03/23/2011) (Includes
Sunday Sales)
6. Liquor License Permit Application
Class C
Oxes Place LLC, 708 E. Jefferson Street (New) (03/01/2011) (Includes Sunday
Sales)
Catherine Doyle's Pub, 504 Sycamore Street (Renewal) (03/07/2011) (Includes
Sunday Sales)
7. Liquor License Permit Application
Class E
Hy -Vee Food Store #2, 2181 Logan Avenue (Renewal) (03/23/2011) (Includes
Sunday Sales)
8. Wine License Permit Application
Class B
Hy -Vee Food Store #2, 2181 Logan Avenue (Renewal) (03/23/2011) (Includes
Sunday Sales)
9. Outdoor Service Area Application
Iry Warren Memorial Golf Course, 1000 Fletcher Avenue
10. Pool/Billiard License Application
Oxes Place LLC, 708 E. Jefferson Street
Ayes: Four. Absent: Jones, Greenwood, Schmitt. Motion carried.
Mayor Clark introduced the new members to the Community Development Board, Ms.
Anesa Kajtazovic and Rev. Kenneth Adderly.
PUBLIC HEARINGS
130724 - Getty/Welper
that proof of publication of notice of public hearing on request of Chantel Sisk
to sell and convey property generally located at 935 Oneida Street for
$115,000.00, as published in the Waterloo Courier on March 5, 2010, be received
and placed on file. Ayes: Four. Absent: Jones, Greenwood, Schmitt. Motion
carried.
130725 This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Getty/Welper
that the hearing be closed. Ayes: Four. Absent: Jones, Greenwood, Schmitt.
Motion carried.
130726 - Getty/Welper
that "Resolution authorizing said sale and conveyance", be adopted and City
Attorney instructed to prepare and deliver deed accordingly. Ayes: Four.
Absent: Jones, Greenwood, Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2010-192.
130727 - Hart/Welper
that proof of publication of notice of public hearing on Flood Mitigation Design
for Various Buildings, as published in the Waterloo Courier on March 5, 2010, be
received and placed on file. Ayes: Four. Absent: Jones, Greenwood, Schmitt.
Motion carried.
130728 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 and oral and written comments be received and placed
on file. Ayes: Four. Absent: Jones, Greenwood, Schmitt. Motion carried. .
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March 15, 2010
Public Hearings continued
130729 - Hart/Welper
Page 3
that "Resolution confirming approval of plans, specifications, form of contract,
etc. in conjunction with Flood Mitigation Design for Various Buildings", be
adopted. Ayes: Four. Absent: Jones, Greenwood, Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2010-193.
130730 - Hart/Welper
that "Resolution ordering construction in conjunction with above project", be
adopted. Ayes: Four. Absent: Jones, Greenwood, Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2010-194.
130731 -.Hart/Welper
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
Ecinc
PO Box 8322
Cedar Rapids IA 52408
5%
$169,199.00
Plumb Tech Inc.
3261 W Airline Hwy
Waterloo IA 50703
5%
$115,850.00
WBC Mechanical Inc
1801 Falls Ave
Waterloo IA 50701
5%
$127,007.00
Young Plumbing & Heating Co
750 S Hackett Rd
PO Box 1077
Waterloo IA 50704
5%
$261,400.00
Ayes: Four. Absent: Jones, Greenwood, Schmitt. Motion carried.
Debra Anderson, Building Official, stated the engineer's estimate for this
project is $339,000.00.
BID OPENING
130732 - Welper/Hart
to receive, file and instruct City Clerk to open and read bids in conjunction
with Archaeological Services for New Construction Projects: Single -Family Homes
and Northeast Iowa Food Bank Campus and refer to Contracts and Grants
Coordinator for review:
Bidder
Bid Amount
The Louis Berger Group,
Inc.
$44,000.00
950 50th St
$1,200.00
Marion IA 52302
$1,200.00
Ayes: Four. Absent: Jones, Greenwood, Schmitt. Motion carried.
RESOLUTIONS
130733 - Cole/Getty
that "Resolution approving application for FY 2010 Byrne-JAG/RSAT Grant in the
amount of $683,641.00, with Federal funding of 75 percent and an additional 25
percent match from participating agencies, to be used for the Tri -County Drug
Enforcement Task Force", be adopted. Ayes: Four. Absent: Jones, Greenwood,
Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2010-195.
March 15, 2010 Page 4
Resolutions continued
130734 - Cole/Getty
that "Resolution approving Cooperative Agreement between Waterloo Commission on
Human Rights and Iowa Civil Rights Commission to ensure an efficient, effective,
and coordinated State -Local civil rights enforcement partnership for Fiscal Year
2010", be received, placed on file, adopted and Mayor authorized to execute
same. Ayes: Four. Absent: Jones, Greenwood, Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2010-196.
130735 - Cole/Getty
that "Resolution approving Acceptance of Purchase Offers for 132 San Souci
Drive, Bonnie J. Dunham in the amount of $75,564.00 and 160 San Souci Drive,
John M. and Debra M. Murray in the amount of $140,000.00 as part of the Hazard
Mitigation Grant Program (HMGP) Property Acquisition Project", be received,
placed on file, adopted and Mayor and City Clerk authorized to execute same.
Aric Schroeder, City Planner, announced there was a typo on the agenda. The
purchase price for 132 San Souci is $165,000.000.
Cole/Getty
to amended motion to include the corrected purchase amount of $165,000.00 for
132 San Souci Drive. Ayes: Four. Absent: Jones, Greenwood, Schmitt. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2010-197.
130736 - Hart/Welper
that "Resolution approving contract with Fischels Music, Inc. of 722 Commercial
Street for the Disaster Recovery Expanded Business Rental Assistance Program in
the amount of $64,299.68", be received, placed on file, adopted and Mayor
authorized to execute same. Ayes: Four. Absent: Jones, Greenwood, Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2010-198.
130737 - Hart/Welper
that "Resolution approving agreement with the R.J. McElroy Trust for a grant in
the amount of $15,405.00 to be used as local match for a River Enhancement
Community Attraction and Tourism (RECAT) grant for Mark's Park and Performance
Structure", be received, placed on file, adopted and Mayor authorized to execute
same. Ayes: Four. Absent: Jones, Greenwood, Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2010-199.
130738 - Hart/Welper
that "Resolution approving Agreement (10-RECAT-001) with the Vision Iowa Board
for a River Enhancement Community Attraction and Tourism (RECAT) grant in the
amount of $135,000.00 with $50,000.00 local match for Mark's Park and
Performance Structure", be received, placed on file, adopted and Mayor
authorized to execute same. Ayes: Four. Absent: Jones, Greenwood, Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2010-200
130739 - Getty/Cole
that "Resolution approving agreement with Deere & Company for transfer of
ownership of the storm water pump station located at the intersection of
Westfield Avenue and Black Hawk Creek", be received, placed on file, adopted and
Mayor and City Clerk authorized to execute same. Ayes: Four. Absent: Jones,
Greenwood, Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2010-201.
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March 15, 2010 Page 5
Resolutions continued
130740 - Getty/Cole
that "Resolution approving Contracts, Bonds and Certificates of Insurance in the
amount of $68,230.00 with Peterson Contractors, Inc. of Reinbeck, Iowa in
conjunction with F.Y. 2010 Salvaged Asphalt Crushing, Contract No. 785", be
received, placed on file, adopted and Mayor and City Clerk authorized to execute
same. Ayes: Four. Absent: Jones, Greenwood, Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2010-202.
130741 - Getty/Cole
that "Resolution approving request to dedicate three Sanitary Sewer Easements in
Greenbelt Centre Development area, south of West Ridgeway Avenue, and east of
Greyhound Drive near Highway 63", be received, placed on file and adopted.
Ayes: Four. Absent: Jones, Greenwood, Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2010-203.
130742 - Welper/Cole
that "Resolution approving an addendum to an agreement with Ament Inc. for an
increase to the maximum payable engineering services amount by $6,500.00 in
conjunction with traffic safety improvements at US 63/Ridgeway", be received,
placed on file, adopted and Mayor authorized to execute same. Ayes: Four.
Absent: Jones, Greenwood, Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2010-204.
130743 - Welper/Cole
that "Resolution authorizing the use of San Marnan Tax Increment Financing funds
in an amount up to $450,000.00 plus up to $10,000.00 for the acquisition of
property generally located in the San Marnan TIF District", be adopted. Ayes:
Four. Absent: Jones, Greenwood, Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2010-205.
130744 - Welper/Cole
that "Resolution authorizing the following project transfers: From Bond Issue
2007C Series Logan TIF to San Marnan TIF - $19,140.80; From Bond Issue 2007C
Series Martin Road TIF to San Marnan TIF - $48,071.35; From Bond Issue 2008B
Series Logan TIF to San Marnan TIF - $75,000.00; From Bond Issue 2008B Series
Martin Road TIF to San Marnan TIF - $80,000.00", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Hart asked how often the Logan TIF to the San Marnan TIF is done.
He asked how often TIFs are transferred and how often Logan TIFs are transferred
to San Marnan TIFs. Michelle Weidner, Chief Financial Officer, responded that
this really might be a question for Planning and Zoning because they requested
bonds to be sold. The city is moving this money this time for the land purchase
that was approved last week. She did not know if any funds have been
transferred either to or from Logan TIF because it's very new and San Marnan may
have had transfers at sometime in the past just depending on what issues came up
that needed bond money for. Noel Anderson, Community Planning & Development
Director, stated that when the city bonds money for the TIF districts obviously
the city is trying to somewhat forecast what projects that may need use of the
bonds. With the Menards project not moving forward at this time there is no
need for any of the funds in the Logan TIF and actually it made better sense to
reallocate them for the land acquisition project. The city is still moving
forward with some improvements in the Donald Street area but don't need the
bonds for them with the projects that are going right now.
Councilperson Hart asked if TIF dollars are normally moved around. Mr. Anderson
responded that TIFs are not normally moved around but it would be done when
there is a larger project that would need the bonds moved around instead of
moving new bonds. Councilperson Hart stated that the request does not sit well
with him especially knowing the challenge we already have of developing that
area. Mr. Anderson stated that the bonds have to be used for development
purposes and would like to expend them expediently if possible.
March 15, 2010 Page 6
Resolutions continued
Mr. Anderson explained that this is a way that the city can expend the TIFs
without having an immediate project in the area. Obviously if a project came up
in the Logan area the city would look to replenish the bonds to pay for any
projects there.
Councilperson Getty asked about the city acquiring some land for waterways in
the Logan area to get the water off of the property into Virden Creek. Mr.
Anderson responded that staff has come in pass with the property owners but will
need to go backwards to do the proper procedures for condemnation for those
properties since they are agriculturally leased there are extra steps to take.
Those funds actually come from a different bonding fund that is contained within
that project. Councilperson Getty asked how much of the funds are left in the
Logan TIF if $94,140.08 of the funds are transferred out of the Logan TIF. Mr.
Anderson responded that there would be no bond funds in there immediately but
there is TIF cash that would be available to the area. Mr. Anderson explained
that the TIF is self-contained with the taxable value being created into the
fund and the TIF cash is the cash created from new projects from taxable value
in those areas. Bond money is something the city looks at annually and may put
bonds into different areas to supplement the TIF cash for road projects, sewer
projects and economic development buildings. Mr. Anderson stated that there
would be TIF cash available immediately if there were a project that needed it.
Mayor Clark asked how long the money is there and what was it put there for
initially. Mrs. Weidner stated that there were bonds sold in 2007 and 2008.
The issue is that the project that was projected to happen in the Logan area is
just not moving right now. Another issue that needs to be done is to use up the
bond money quickly. Since there is not a project right now she believes Mr.
Anderson is trying to move it to a project that is moving and Council has
already approved payment for that bill tonight. Mrs. Weidner stated that if the
city does not follow through with this the city would have another issue that
would have to be straightened out. Mayor Clark asked about the timeliness in
spending the bond money before it is lost. Mrs. Weidner stated that it is not
so much as losing the funds but the city would receive penalties from the
Internal Revenue Service. There are a lot of guidelines and ideally the bonds
would be spent within two years and then to three. There are different
exceptions for each rule and the city is at the three year mark so the money
should really be used for a project as soon as possible. Mayor Clark asked if
there are any current projects holding in the Logan Plaza area that this would
be used for. Mr. Anderson responded that the 2007 and 2008 series of money for
Logan were for the stop lights that would be coming in at Heath Street and
another portion was to be used at East 4th and potentially Ralston Road. Mr.
Anderson stated that with the Menards project not moving forward the traffic
signals are not warranted yet so they are not needed and cannot be put in until
they are warranted. Regarding the East 4th and Ralston Road improvements, the
Donald Street improvements would need to be done first which are occurring this
year from Highway 63 to 4th Street. So it made sense to wait on that project as
well as to wait until the Donald Street widening was done. Mayor Clark asked if
the city has the ability to bond for more money to put back into the Logan
Avenue TIF. Mrs. Weidner responded that the City will have the ability to bond
for more money and will be looking at the CIP bond issue this spring in the next
few weeks so those decisions will be coming to council very soon. Mayor Clark
stated that the bottom line on this is that there are no projects that are in
jeopardy of moving this bond money out of the Logan Avenue TIF during this
construction series year. Councilperson Getty asked if buying the property
south of town is in jeopardy and if there are projects going on that particular
property. Mr. Anderson stated that there are no definite projects yet and the
city would just be in default of the agreement that the city approved.
Councilperson Hart asked if the city would be in default if the money is not
found from somewhere else. Mr. Anderson responded that was correct. He
reiterated what Mayor Clark and Mrs. Weidner said about the city going through
the CIP process right now for the allocation of bonds. And the Logan Avenue
area is obviously one that is normally looked at for putting more bond money in
there for potential projects. With the Menards project being sent potentially
for this next fiscal year the city would be looking at that area again.
Mayor Clark asked how quickly bond money can be put back into the Logan Avenue
TIF. Mrs. Weidner responded that assuming that Council approves it, the city is
scheduled to sell bonds this May or June so it can potentially be that quickly.
If there is a project identified that the bonds are needed for it can be
restored very quickly.
Following comments a vote was taken on the above motion with the following
result. Ayes: One. Nay: Cole, Getty, Hart. Absent: Jones, Greenwood, Schmitt.
Motion failed.
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March 15, 2010 Page 7
OTHER COUNCIL BUSINESS
130745 - Cole/Welper
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. in conjunction with F.Y. 2010 Street Reconstruction Program, Contract No.
772, be received, placed on file and approved. Ayes: Four. Absent: Jones,
Greenwood, Schmitt. Motion carried.
130746 - Cole/Welper
that plans, specifications, form of contract, etc. in conjunction with F.Y. 2010
Street Reconstruction Program, Contract No. 772, be received and placed on file.
Ayes: Four. Absent: Jones, Greenwood, Schmitt. Motion carried.
130747 - Cole/Welper
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with above described project", be adopted. Ayes:
Four. Absent: Jones, Greenwood, Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2010-207.
130748 - Cole/Welper
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. and taking of bids as April 5, 2010 at 5:30 p.m. in the City Hall
Council Chambers on the above described project", be adopted and City Clerk
instructed to publish notice of same. Ayes: Four. Absent: Jones, Greenwood,
Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2010-208.
130749 - Cole/Welper
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. in conjunction with F.Y. 2010 Sidewalk Repair Program - Zone 10 and Trail
Repairs, Contract No. 779, be received, placed on file and approved. Ayes:
Four. Absent: Jones, Greenwood, Schmitt. Motion carried.
130750 - Cole/Welper
that plans, specifications, form of contract, etc. in conjunction with F.Y. 2010
Sidewalk Repair Program - Zone 10 and Trail Repairs, Contract No. 779, be
received and placed on file. Ayes: Four. Absent: Jones, Greenwood, Schmitt.
Motion carried.
130751 - Cole/Welper
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with above described project", be adopted. Ayes:
Four. Absent: Jones, Greenwood, Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2010-209.
130752 - Cole/Welper
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. and taking of bids as April 5, 2010 at 5:30 p.m. in the City Hall
Council Chambers on the above described project", be adopted and City Clerk
instructed to publish notice of same. Ayes: Four. Absent: Jones, Greenwood,
Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2010-210.
130753 - Cole/Welper
to instruct Airport Director to prepare plans, specifications, form of contract,
etc. in conjunction with Replacement of T -Hangar Doors at Waterloo Regional
Airport, be received, placed on file and approved. Ayes: Four. Absent:
Jones, Greenwood, Schmitt. Motion carried.
130754 - Cole/Welper
that plans, specifications, form of contract, etc. in conjunction with
Replacement of T -Hangar Doors at Waterloo Regional Airport, be received and
placed on file. Ayes: Four. Absent: Jones, Greenwood, Schmitt. Motion
carried.
March 15, 2010 Page 8
Other Council Business continued
130755 - Cole/Welper
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with above described project", be adopted. Ayes:
Four. Absent: Jones, Greenwood, Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2010-211.
130756 - Cole/Welper
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. and taking of bids as April 5, 2010 at 5:30 p.m. in the City Hall
Council Chambers on the above described project", be adopted and City Clerk
instructed to publish notice of same. Ayes: Four. Absent: Jones, Greenwood,
Schmitt.
Resolution adopted and upon approval by Mayor assigned No. 2010-212.
ORAL PRESENTATIONS
Paula Huting, Leisure Services Director, announced the golf courses will be
opening on Tuesday, March 16, 2010.
130757 - Hart/Cole
that the above oral comments be received and placed on file. Ayes: Four.
Absent: Jones, Greenwood, Schmitt. Motion carried.
130758 - Hart/Cole
that the council adjourn to Executive Session at 6:08
Absent: Jones, Greenwood, Schmitt. Motion carried.
p.m.
Ayes: Four.
City Attorney Jim Walsh stated that discussion of acquisition of property is an
approved topic of Executive Session pursuant to Iowa Code Section
21.5(1) (j) (2009).
EXECUTIVE SESSION
130759 - Hart/Cole
that the council adjourn Executive Session at 6:24 p.m. Ayes: Four. Absent:
Jones, Greenwood, Schmitt. Motion carried.
ADJOURNMENT
130760 - Hart/Cole
that the Council adjourn at 6:25 p.m. Ayes: Four. Absent: Jones, Greenwood,
Schmitt. Motion carried.
Suzy �chares
City Clerk
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