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HomeMy WebLinkAboutMinutes-07/18/2011July 18, 2011 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, July 18, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Craig Clark, Building Official/Maintenance Administrator. 136977 - Hart/Schmitt that the Agenda, as amended by removing the third reading of the ordinance on item #2 and by adding the contract amount of $6,973.89 to item #7, for the Regular Session on Monday, July 18, 2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 136978 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, July 11, 2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 136979 - 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. 1-72, dated July 18, 2011, in the amount of $2,827,550.78, 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. 2011-673. 2. Request of Michael W. Lalan for a concrete driveway to be located at 233 Byrnbrae Street, together with recommendation of approval of City Engineer -Submitted by Eric Thorson, P.E., City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2011-674. 3. Cancellation of assessments for several properties that fall under Iowa Code 384.84; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellations -Submitted by Suzy Schares, City Clerk. Resolution adopted and upon approval by Mayor assigned No. 2011-675. 4. Request of SA Russell Lamson Limited Parnership for tax exemptions on improvements totaling $7.8 million for property located at 209 W. 5th Street and located in the Consolidated Urban Revitalization Area -Submitted by Christopher W. Western, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2011-676. 5. Request of Iowa Habitat for Humanity for tax exemptions on improvements totaling $79,050.00 for property located at 600 South View Street and located in the Consolidated Urban Revitalization Area -Submitted by Christopher W. Western, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2011-677. 6. Request of Iowa Habitat for Humanity for tax exemptions on improvements totaling $79,500.00 for property located at 255 Jackson Street and located in the Consolidated Urban Revitalization Area -Submitted by Christopher W. Western, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2011-678. 7. Request of Iowa Habitat for Humanity for tax exemptions on improvements totaling $16,575.00 for property located at 1668 Woodmayr Street and located in the Consolidated Urban Revitalization Area -Submitted by Christopher W. Western, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2011-679. July 18, 2011 Page 2 8. Request to certify the following assessments to properties for work performed by the Water Works, together with recommendation of approval of Board of Water Works Trustees -Submitted by Dennis Clark, General Manager of Waterloo Water Works: Address Amount to certify 205 Greenbrier Road $569.69 723 Willow Street $592.26 2115 Cardinal Drive $1,900.00 226 Alta Vista Avenue $900.00 50 Lafayette Street $2,150.00 810 West First Street $2,240.00 1120 Beech Street $2,402.00 Resolution, adopted and upon approval by Mayor assigned No. 2011-680. b. Motion to approve the following: 1. 2. 3. 4. 5. 6. 7. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Captain Leadership & Des Moines, 7/20/11- $159.98 Pillack Influence IA 7/21/11 Officer Bram Firearms Johnston, 8/22/11- $1088.72 Instructors Iowa 9/2/11 School Sgt. Remington 870 Montezuma, IA 8/22/11- $1320,00 McClelland & Armorer Course 8/23/11 Officer Erie Investigator's Practical Crime Marshalltown, 8/29/11- $650.00 DeKoster & Scene IA 9/2/11 Pritchard Investigation Officer Pohl ICAC Digital Forensics New Berlin, WI 8/15/11 $293.00 Sgt. Devine & Advanced Crime Marshalltown, 8/29/11- $440.00 Investigator Scene IA 8/31/11 Morley Investigation Mark Boesen, Essentials for Cedar Rapids, 8/3/11- $1,240.00 Mgr of Healthy Homes IA 8/5/11 Rehabilitation Practitioners Services & Jon Course Martin, Relocation & Rehabilitation Specialist Class B Beer License Permit Application 8. American Golf Course, 1575 W. Big Rock Road (New) (Expires 7/1/12) (Includes Sunday Sales) Class C Beer License Permit Application 9. Logan Avenue Convenience Store, 735 Logan Avenue (Renewal) (Expires 8/2/12) (Includes Sunday Sales) Class C Liquor License Permit Application 10.Vic's Lounge, 1106 LaPorte Road (Renewal) (Expires 7/16/12) (Includes Sunday Sales) 11.Iowa Irish Fest, 315 E. 5th Street (New) (6 day license - 8/4/2011 to 8/9/2011) (Includes Sunday Sales) Class E Liquor License Permit Application 12.Logan Avenue Convenience Store, 735 Logan Avenue (Renewal) (Expires 8/2/12) (Includes Sunday Sales) Class B Wine License Permit Application 13.Logan Avenue Convenience Store, 735 Logan Avenue (Renewal) (Expires 8/2/12) (Includes Sunday Sales) Outdoor Service Area Application 14.Narey's 19th Hole, 2073 Logan Avenue 15.American Golf Course, 1575 W. Big Rock Road 16.Iowa Irish Fest, 315 E. 5th Street July 18, 2011 Cigarette Permit Application 17.Locker Room Lounge, 1918 Hawthorne Avenue 18.The Jet Lounge, 451-453 W. Parker Street 19.Neighborhood Mart, 2100 Lafayette Street Pawnbroker's License Application 20.EZ Pawn, 920 LaPorte Road 21.Levi Brothers Jewelry & Loan, 306 E. 4th Street 22.Money and More, 1516 LaPorte Road 23.Walden Pawn, 223 W. 4th Street 24.Bonds Page 3 Roll call vote -Ayes: Seven. Nayes: One, (Hart) on item B.8, 12, 13. Motion carried. PUBLIC HEARINGS 136980 - Schmitt/Welper that proof of publication of notice of public hearing on an Ordinance establishing the City Limits Urban Revitalization Area, as published in the Waterloo Courier on June 16, 2011, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 136981 - This being the time and place of public hearing, the Mayor called for written and oral objections. Forest Dillavou, 1725 Huntington Road, spoke in opposition to the CLURA. He expressed concern with the effect on existing property owners. He stated, if there is an increase in the City's budget next year, with no new property taxes collected, existing property owners will have a higher tax rate: He suggested lowering the taxes for all properties not just new homes to add more new homes. Mayor Clark reported that approximately a year and a half ago a meeting took place at the Board of Realtor's office that included realtors, builders, and lending officers, contractors, developers and the Mayor. The question was raised of how to increase new housing development. The Mayor formed a committee to be chaired by Councilman Steve Schmitt. The committee has been meeting for a year to find a way to incent new housing development in Waterloo. Mr. Schmitt gave an overview of the CLURA. The committee included several builders, contractors, developers, the City's CFO, the school superintendant and several others. The CLURA will give a 3 -year tax abatement on new home construction. This will not include additions or remodeling of existing homes. The committeedelayed the program due to an out of town developer building spec homes in Waterloo. Early this year the committee reconvened and looked at the current status of new home starts and decided to bring the CLURA forward. Craig Fairbanks, 2809 University Avenue, Developer and Home Builder, spoke is support of the CLURA. He reported that he has seen this type of program work in Des Moines, Iowa. Mr. Schmitt reiterated that the tax abatement goes to the homeowner, not the builder. Mike Lacoste, 236 Lichty Blvd., spoke in opposition to the CLURA. He suggested giving tax abatements to business's rather than homeowners. He asked that the City work to improve its image. Mark Brockman, 3244 Hammond Ave., expressed concern with creating the illusion that a home is affordable without taxes and then in three years the homeowner can't afford the taxes. Mayor Clark stated that the City does have several tax abatement and incentive programs available for businesses. Mr. Jones, questioned if the GROW task force addressed the impact to existing home sales. Mr. Schmitt, said the impact was discussed and there is not a clear-cut answer until the CLURA has taken place. Bob Reisinger, 1514 Glenny Ave, Executive Vice -President Board of Realtors, spoke in support of the CLURA. The Board prefers not to have to have any programs but they have tried and this seems to be something that needs to be done to spur growth. This will help get more product available. Denver has a similar program so Waterloo is competing not only with Cedar Falls but also with July 18, 2011 Page 4 Denver. This program is bigger than just building a house, it creates jobs for those building the homes. Mr. Jones, stated his understanding was that the CLURA had a potential of boosting existing sales as the communities started to grow around them with new homes. Mr. Schmitt reported that when people move into the new homes it then opens up their existing homes. Kevin Fittro, Cedar Falls, Vice -President Skogman Homes, spoke in support of the CLURA. The inventory will open up and will allow young buyers and retirees to buy the smaller homes. Mr. Hart questioned if the CLURA will saturate the market for areas with the other CURA. Mayor Clark stated that the existing CURA areas are mostly used for remodeling and upgrading homes and very little new homes. Noel Anderson, Community Planning and Development Director, stated the CURA covers new homes, remodels, additions, businesses, and some industrial projects. This may help stimulate some construction activity in those areas. It tends to be small infill projects. Mr. Hart reported that• approximately 3 -years ago a residential TIF concept paper that was written by a consultant that looked at how we can stimulate areas of growth. The paper• focused on the TIF concept and looked at many ways to stir new development. Noel Anderson, Community Planning and Development Director, reported that the TIF district was looked at but they GROW Committee like the CLURA better because it is a tax abatement and then at the end the money automatically goes into the regular tax system. Rather than holding taxes back and being released later. TIF districts tend to work well in smaller communities where there are not competing developments. Noel Anderson, Community Planning and Development Director, reported that the CLURA would be for one and two family new houses only. Mr. Jones stated there is not an impact on the city for infrastructure. The developer will complete that. Mayor Clark stated the intent is to grow us out of the current tax situation. Cole/Getty that the hearing be closed and oral and written comments and recommendation of approval by the Planning and Zoning Commission be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 136982 - Schmitt/Welper that "an Ordinance establishing the City Limits Urban Revitalization Area", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Noel Anderson, Community Planning and Development Director, stated that once the ordinance passes it would begin retroactive to July 19, 2011. 136983 Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Nay: One (Schmitt). Motion carried. Mr. Schmitt stated that he supports the concept but wants to allow public input for the second and third reading. 136984 - Schmitt/Welper that "an Ordinance establishing the City Limits Urban Revitalization Area", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven. 136985 - Getty/Cole July 18, 2011 Page 5 that date of hearing on Fire Station Concrete Replacement & Repair Project be reset until July 25, 2011, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 136986 - Cole/Welper that "Resolution approving recommendation of award of bid to Sandry Fire Supply, LLC of De Witt, Iowa in the amount of $38,082.69 for the Purchase of Portable Water Pump for Live Fire Training -Submitted by Pat Treloar, Chief of Fire Services", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-681. 136987 - Cole/Welper that Change Order No. 4 for a net decrease of $11,815.00 for work performed by Plumb Tech of Waterloo, Iowa for City of Waterloo Flood Mitigation -Submitted by Craig Clark, Building Official/Maintenance Administrator, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 136988 - Cole/Welper that "Resolution approving Completion of Project, Recommendation of Acceptance of Work and Release of Retainage in the amount of $8,622.75 for work performed by Plumb Tech of Waterloo, Iowa at a total cost of $181,328.00 for City of Waterloo Flood Mitigation; and authorize Mayor to execute said documents - Submitted by Craig Clark, Building Official/Maintenance Administrator", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-682. 136989 - Cole/Welper that "Resolution approving contract with MidAmerican Energy for the installation of wood poles and span wire at Logan Avenue (Highway 63) and Esther Street in the amount of $6,973.89; and authorize Mayor to execute said document -Submitted by Sandie Greco, Traffic Operations Superintendent", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-683. 136990 - Greenwood/Schmitt that "Resolution approving Professional Services Agreement with AECOM in an amount not to exceed $920,000.00 for design and inspection related services for New Pump Stations at Blowers Creek and Dry Run Creek; and authorize Mayor to execute said document -Submitted by Jamie Knutson, P.E., Associate Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-684. 136991 - Greenwood/Schmitt that "Resolution approving Professional Services Agreement with Snyder & Associates, Inc. in an amount not to exceed $1,066,200.00 for design and inspection related services for New Pump Stations at Hollywood Avenue, Cedar Bend Street and Fletcher Avenue; and authorize Mayor to execute said document - Submitted by Jamie Knutson, P.E., Associate Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-685. 136992 - Greenwood/Schmitt that "Resolution approving Professional Services Agreement with Stanley Consultants, Inc. in an amount not to exceed $982,990.00 for design and inspection related services for New Pump Stations at Westfield Avenue and Virden Creek and for Rehabilitation of Pump Station at Vinton Street; and authorize Mayor to execute said document -Submitted by Jamie Knutson, P.E., Associate Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-686. 136993 - Schmitt/Greenwood that "Resolution approving Supplemental Agreement No. 6 with AECOM in the amount of $639,779.00 for additional professional services for F.Y. 2012 U.S. Highway July 18, 2011 Page 6 63 Improvements from Conger/Newell Street to Donald Street, Contract No. 790 - Submitted by Jeff Bales, Associate Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-687. 136994 - Schmitt/Greenwood that "Resolution approving request from Bergen Plumbing, Inc. to pave the parking area located at 838 Commercial Street for beautification purposes only, with the following stipulations: parking will not be allowed on the paved area; installation and maintenance of the concrete will be the property owner's responsibility -Submitted by Eric Thorson, P.E., City Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-688. 136995 - Schmitt/Greenwood that "Resolution approving letter to Economic Development Administration for Waterloo Storm Water Lift Station Projects; and authorize Mayor execute said document -Submitted by Eric Thorson, P.E., City Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-689. 136996 - Getty/Cole that "Resolution approving recommendation of award, bonds, and contract to Michael Painting & Decorating of Waterloo, Iowa in the amount of $51,103.00 for Exterior Painting of Hangars and Maintenance Building at Waterloo Regional Airport; and authorize Mayor and City Clerk to execute said documents -Submitted by Bradley Hagen, Airport Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-690. 136997 - Getty/Cole that "Resolution approving Airport Use Agreement with Kiwanis Club of Waterloo, Iowa to conduct an air show at Waterloo Regional Airport on August 27-28, 2011 - Submitted by Bradley Hagen, Airport Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-691. 136998 - Getty/Cole that "Resolution approving recommendation of award of contract to Reilly Construction Company, Inc. of Ossian, Iowa in the amount of $99,675.00 for F.Y. 2011 Highway 63 South Manhole Rehabilitation, Contract No. 809 -Submitted by Larry N. Smith, Waste Management Services Superintendent", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-692. 136999 - Cole/Welper that "Resolution approving Enterprise Zone Agreement with Black Hawk Contracting and Development of Waterloo, Iowa; and authorize Mayor and City Clerk to execute said document -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-693. 137000 - Cole/Welper that "Resolution approving request for a variance to the requirements of the Subdivision Ordinance in Section 2.3(1) Final Plat Submittal, Section 5.1(2) Preliminary Plat requirements, and Section 5.2(3) Final Plat requirements for Preliminary and Final Plat of a Minor Plat of 1.5 acres of one lot zoned "R -R" Rural Residence District located east of 3655 Ranchero Road -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-694. 137001 - Cole/Welper that "Resolution approving the Preliminary and Final Plats, together with Staff report with recommendation of approval of Planning, Programming and Zoning July 18, 2011 Page 7 Commission, Aerial photo and Minor Plat in conjunction with Minor Plat of 1.5 acres of one lot zoned "R -R" Rural Residence District located east of 3655 Ranchero Road -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-695. 137002 - Welper/Schmitt that "Resolution setting date of hearing as August 1, 2011 to approve request of Hy -Vee, Inc. to rezone 0.62 acres of land from "R-3" Multiple Residence District to "R -3,C -Z" Conditional Zoning District located northwest of 3233 W. 4th Street for the purpose of creating an employee parking lot; and instruct City Clerk to publish notice -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-696. 137003 - Welper/Schmitt that "Resolution approving recommendation of award of contract to Prairie Construction Co., Inc. of Waterloo, Iowa in the amount of $78,900.00 for 2011 Public Market Window Replacement and New Vestibules -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-697. 137004 - Welper/Schmitt that "Resolution approving recommendation of award of contract to Failor Hurley Construction of Hudson, Iowa in the amount of $212,000.00 for 2011 Public Market Interior Development -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-698. 137005 - Schmitt/Welper that "Resolution approving recommendation of award, bonds, and contract to Don Gardner Construction of Waterloo, Iowa in the amount of $95,410.00 for 2011 Waterloo Forestry Building Upgrades; and authorize Mayor and City Clerk to execute said documents -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-699. 137006 - Schmitt/Welper that Change Order No. 1 for a net decrease of $5,000.00 for work performed by Black Hawk Electrical Company of Waterloo, Iowa in conjunction with Riverfront Stadium Field Lighting Upgrade -Submitted by Rick Curran, Leisure Services Facilities Manager, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 137007 - Schmitt/Welper that "Resolution approving request of Young Development to use precast storm water catch basins for Klingaman Park 4th Addition -Submitted by Eric Thorson, P.E., City Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-700. ORDINANCES 137008 - Hart/Schmitt To table indefinitely "an Ordinance vacating a portion of San Marnan Drive generally located between Galactic Drive and West 4th Street, west of Ansborough in conjunction with Development Agreement with Sunnyside South Addition, LLC for the vacation, sale and conveyance of a portion of San Marnan Drive generally located between Galactic Drive and West 4th Street, west of Ansborough for $1.00 plus costs, for the purpose of relocating the roadway for the creation of new residential lots", until litigation is resolved. Roll call vote -Ayes: Ayes: Six. Abstain: One (Cole). OTHER COUNCIL BUSINESS 137009 - Hart/Getty July 18, 2011 Page 8 that 2010 Operating Report of the Waterloo Water Works -Submitted by Dennis Clark, General Manager of Waterloo Water Works, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137010 - Hart/Getty to instruct Building Official/Maintenance Administrator to prepare specifications, form of contract, etc. in conjunction with Waterloo Center For The Arts Window Replacement, be approved. Voice vote -Ayes: Seven. Motion carried. 137011 - Hart/Getty that specifications, form of contract, etc. in conjunction with Waterloo Center For The Arts Window Replacement, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137012 - Hart/Getty that "Resolution preliminarily approving specifications, form of contract, etc. in conjunction with Waterloo Center For The Arts Window Replacement", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-701. 137013 - Hart/Schmitt that "Resolution setting date of hearing and bid opening as August 8, 2011 and instruct City Clerk to publish notice of specifications, form of contract, etc. in conjunction with Waterloo Center For The Arts Window Replacement", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-702. 137014 - Getty/Hart to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 SECOR Railroad Spur, Contract No. 794, be approved. Voice vote -Ayes: Seven. Motion carried. 137015 - Getty/Hart that plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 SECOR Railroad Spur, Contract No. 794, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137016 - Getty/Hart that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 SECOR Railroad Spur, Contract No. 794", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-703. 137017 - Getty/Hart that "Resolution setting date of hearing and bid opening as August 1, 2011 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 SECOR Railroad Spur, Contract No. 794", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-704. ORAL PRESENTATIONS None ADJOURNMENT 137018 - Hart/Getty that the Council adjourn at 6:21 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy Shares City Clerk