HomeMy WebLinkAboutMinutes-01/14/2013January 14, 2013
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, January 14, 2013. Mayor Ernest G.
Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Mayor Buck Clark.
140358 - Hart/Schmitt
that the Agenda, as amended by changing the amount on #9 to $735,293.45,
changing the wording on #12 to include waiver of purchase option and deleting #2
and #3 and replacing with a payment to ASPRO on the contract payment schedule,
for the Regular Session on Monday, January 14, 2013, at 5:30 p.m., be accepted
and approved. Voice vote -Ayes: Seven. Motion carried.
140359 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, January 7,
2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
Mayor Clark read a Proclamation declaring Monday, January 21, 2013 as "Martin
Luther King Jr. Day".
Mayor Clark recognized the January 2013 Team Member of the Month - Michelle
Westphal.
Mayor Clark recognized the 2012 Team Member of the Year - Gladys Rainey.
CONSENT AGENDA
140360 - 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 Finance Committee Invoice Summary Report, pp. 1-33,
dated January 14, 2013, in the amount of $1,353,935.91, 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. 2013-020.
2. Request of Katie Hosch for tax exemptions on improvements totaling
$180,000.00 for property located at 5689 Summerland Drive and located in
the City Limits Urban Revitalization Area (CLURA)-Submitted by Chris
Western, Planner II.
Resolution adopted and upon approval by Mayor assigned No. 2013-021.
3. Request of Iowa Heartland Habitat for Humanity for tax exemptions on
improvements totaling $40,000.00 for property located at 325 Lane Street
and located in the Consolidated Urban Revitalization Area (CURA)-Submitted
by Chris Western, Planner II.
Resolution adopted and upon approval by Mayor assigned No. 2013-022.
4. Request of Nathan Neff for tax exemptions on improvements totaling
$20,000.00 for property located at 1710 Burton Avenue and located in the
Consolidated Urban Revitalization Area (CURA)-Submitted by Chris Western,
Planner II.
Resolution adopted and upon approval by Mayor assigned No. 2013-023.
5. Request of Iowa Heartland Habitat for Humanity for tax exemptions on
improvements totaling $80,000.00 for property located at 305 Peek Street
and located in the Consolidated Urban Revitalization Area (CUBA) -Submitted
by Chris Western, Planner II.
Resolution adopted and upon approval by Mayor assigned No. 2013-024.
January 14, 2013
Page 2
6. Request of Kadir Dizdaric for tax exemptions on improvements totaling
$115,000.00 per unit for properties located at 1923 and 1925 Red Tail
Drive and located in the City Limits Urban Revitalization Area (CLURA)-
Submitted by Chris Western, Planner II.
Resolution adopted and upon approval by Mayor assigned No. 2013-025.
b. Motion to approve the following:
1.
2.
3.
4.
5.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Rob Duncan &
Rob Michael
Sniper/Obsery
er Rifle
School
Montezuma,
Iowa
April 8-
12, 2013
$1,565.00
Wayne Castle,
Associate
Engineer
SLSI Workshop
Ames, Iowa
January
25, 2013
$130.00
Officer Girsch
Open Sight
Rifle
Instructor
School
Johnston, Iowa
April 8-
12, 2013
$700.00
Mayor Buck
Clark
National
League of
Cities Annual
Conference
Boston,
Massachusetts
November
27 -
December
2, 2012
$322.15
Richard Olson
The Midwest's
Premier
Backflow
Technician
Certification
& Re-
certification
Training
Waterloo, Iowa
January
17, 2013
$135.00
6. Recommendation of appointment of Beverly Cosby to the position of Waterloo
Housing Authority Coordinator, effective January 22, 2013 -Submitted by
Ethel Washington, Housing Authority Director
7. Recommendation of appointment of Michael McDonald to the position of Plant
Maintenance Mechanic, effective January 22, 2013 -Submitted by Larry N.
Smith, Waste Management Services Superintendent
Class C Beer License Permit Application
8. Riverloop Public Market Cooperative, 327 W. 3rd Street (Renewal) (Expires
11/06/2013)
Class C Liquor License Permit Application
9. LJ's Neighborhood Grill & Bar, 3550 Kimball Avenue (Renewal) (Expires
11/05/2013) (Includes Sunday Sales)
Class B Native Wine License Permit Application
10. Riverloop Public Market Cooperative, 327 W. 3rd Street (Renewal) (Expires
11/06/2013)
Outdoor Service Area Application
11. LJ's Neighborhood Grill & Bar, 3550 Kimball Avenue
12. Bonds
c. Motion to receive and file the following:
1. Communication from Iowa Department of Transportation transmitting
notification that the DOT proposes to let a concrete pavement patching
project on I-380 from I-80 north to U.S. 218 in Waterloo on March 2013.
Mayor Clark recognized the new employees.
Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt abstained from the
bills payment in the amount of $45.00.
January 14, 2013 Page 3
PUBLIC HEARINGS
140361 - Schmitt/Welper
that proof of publication of notice of public hearing on Purchase of John Deere
5115M Tractor & Attachments, as published in the Waterloo Courier on January 10,
2013, be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
140362 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Schmitt/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
140363 - Schmitt/Welper
that "Resolution confirming approval of specifications, bid document, etc. in
conjunction with Purchase of John Deere 5115M Tractor & Attachments", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-026.
140364 - Schmitt/Welper
that "Resolution authorizing to proceed in conjunction with Purchase of John
Deere 5115M Tractor & Attachments", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-027.
140365 - Schmitt/Welper
to receive and file and instruct City Clerk to open and read bids and refer to
Leisure Services Director for review:
Bidder
Bid Amount
John Deere Corporate
Waterloo Implement -
$78,616.22
State Bid
$20,000.00 trade-in
Voice vote -Ayes: Seven. Motion carried.
140366 - Getty/Schmitt
that proof of publication of notice of public hearing on Request of Black Hawk
Contracting and Development on the sale and conveyance of City owned property
otherwise known as Lot 12, Block 14 of Second Addition to Grand View Place for
the purpose of construction single-family housing, as published in the Waterloo
Courier on January 10, 2013, be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
140367 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Getty/Schmitt
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
140368 - Getty/Schmitt
that "Resolution authorizing said sale and conveyance, and authorize City
Attorney to prepare and deliver deed accordingly in conjunction with Request of
Black Hawk Contracting and Development on the sale and conveyance of City owned
property otherwise known as Lot 12, Block 14 of Second Addition to Grand View
Place for the purpose of construction single-family housing", be adopted. Roll
call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-028.
January 14, 2013 Page 4
RESOLUTIONS
140369 - Hart/Welper
that "Resolution approving the cancellation of Tuesday, January 22, 2013 City
Council meeting due to the Martin Luther King Jr. Holiday -Submitted by Mayor
Buck Clark", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-029.
140370 - Welper/Schmitt
that "Resolution denying the relocation of an existing Waterloo business - SKS
Communications - to La Porte City, Iowa allowing La Porte City to give business
incentives for said relocation efforts -Submitted by Noel Anderson, Community
Planning & Development Director", be adopted. Roll call vote -Ayes: One. Nays:
Cole, Getty, Jones, Greenwood, Welper, Hart. Motion failed.
Mark Schmitz, 121 Meadow Lane, LaPorte City Iowa, President SKS Communications
reported that they will be building a new building in LaPorte City. He resides
in LaPorte City and not getting the incentive will have a huge impact on the
size of the building. He currently rents a location in Waterloo.
Noel Anderson, Community Planning and Development Director, staff recommends
denial of the incentive to follow the economic development policy. SKS has not
received funds from the City.
Mr. Greenwood confirmed that Council approval is needed to allow the business to
receive TIF funding in LaPorte City.
Noel Anderson, Community Planning and Development Director, explained how and
why the State implemented the procedures to stop City's from taking businesses
from other Cities.
Mayor Clark commended Mr. Anderson for doing his job but disagreed with his
opinion. He recommended allowing the move.
"Resolution approving the relocation of an existing Waterloo business - SKS
Communications - to La Porte City, Iowa allowing La Porte City to give business
incentives for said relocation efforts." be adopted. Roll call vote -Ayes: Six.
Nays: One (Schmitt).
Resolution adopted and upon approval by Mayor assigned No. 2013-030.
140371 - Hart/Welper
that "Resolution approving the rejection of grant agreement with Iowa Department
of Transportation in the amount of $500,000.00 for the Traffic Safety Grant:
West 4th and Fletcher CS -TSF -8155(724) -85 -07 -Submitted by Sandie Greco, Traffic
Operations Superintendent", be adopted. Roll call vote -Ayes: Six. Nays:
Jones.
Resolution adopted and upon approval by Mayor assigned No. 2013-031.
140372 - Hart/Welper
that Change Order No. 1 for a net increase of $28,314.58 for work performed by B
& B Builders and Supply of Waterloo, Iowa on the F.Y. 2012 Sidewalk Repair
Program - Zone 2, Contract No. 824 -Submitted by Wayne Castle, PLS, EI, Associate
Engineer, be received, placed on file and approved. Voice vote -Ayes: Seven.
Motion carried.
140373 - Hart/Welper
that "Resolution approving Completion of Project and Recommendation of
Acceptance of Work performed by B & B Builders and Supply of Waterloo, Iowa at a
total cost of $123,704.08 in conjunction with F.Y. 2012 Sidewalk Repair Program
- Zone 2, Contract No. 824; and receive and file two-year maintenance bond -
Submitted by Eric Thorson, P.E., City Engineer", be adopted. Roll call vote -
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-032.
January 14, 2013 Page 5
140374 - Cole/Hart
that "Resolution approving Completion of Project and Recommendation of
Acceptance of Work performed by Vieth Construction Corporation of Cedar Falls,
Iowa at a total cost of $735,293.45 in conjunction with F.Y. 2010 Cedar River
Water Trail, Contract No. 734 -Submitted by Eric Thorson, P.E., City Engineer",
be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-033.
140375 - Cole/Hart
that "Resolution approving Supplemental Agreement No. 9 with AECOM for F.Y. 2013
U.S. Highway 63 Improvements - from Conger Street/Newell Street to Donald
Street, Contract No. 790; and authorize Mayor to execute said document -Submitted
by Jeff Bales, Associate Engineer", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-034.
140376 - Cole/Hart
that "Resolution approving contract with Benton's Sand and Gravel Inc. in the
amount of $15,650.00 in conjunction with Demolition and Site Clearance Services
with Regulated Asbestos Containing Materials for 936 West 7th Street -Submitted
by Noel Anderson, Community Planning & Development Director", be adopted. Roll
call vote -Ayes: Seven.
Mr. Welper thanked the neighbors for their patience and the City for tearing
down the property.
Resolution adopted and upon approval by Mayor assigned No. 2013-035.
40377 - Schmitt/Welper
that "Resolution waiving any option to purchase or other rights of acquisition
that the City of Waterloo may possess and approving the allowance of Main Street
Waterloo to sell the parking lot located in Block 14 of the Original Plat of
Waterloo East on Lafayette Street between East 4th Street and East 5th Street to
JSA Development, subject to mortgage payoff and release of the City of
Waterloo's loan guarantee with respect to said property -Submitted by Aric
Schroeder, City Planner", be adopted.
Eric Johnson, Beecher Law Firm, spoke in opposition to the sale. He reported
that the law firm has been trying to buy the parking lot since 2007. He noted
that Beecher made an offer to Main Street that was higher than JSA Development
but JSA threw in other incentives. Beecher is willing to match those incentives.
Mr. Welper noted that JSA Development has offered 7% of the monthly parking
revenue to Main Street as payment for managing the lot.
Mr. Schmitt questions whether the decision was based on the highest bidder.
Ms. Cole noted that JSA Development is willing to invest $2 million in downtown.
Jeff Kurtz, Executive Director of Main Street Waterloo, feels that the lot will
be best utilized by the developer. He noted that both offers were considered and
that JSA has a proven track record downtown and will do what is in the best
interest of downtown. The decision was made by the Main Street Board of
Directors. It was an open ended process and no counter offers were considered.
Mr. Hart questioned whether all abutting property owners were approached and
whether the timeline for the offers to be considered was conveyed to the
property owners. The incentive will equate to several thousand dollars per year.
Mr. Welper added that this seems to be an even offer by both parties.
Mr. Schmitt expressed concern with the process.
Ms. Cole noted that the assessed value and the current debt amount of $230,000.
David Deeds, Controller JSA Development, JSA Development has several properties
that are adjoining to the property and they all need parking. The offer is
approximately 4 times the assessed value. The lot will be kept as is for now but
could potentially be used to create additional parking.
Mr. Schmitt questioned whether JSA's projects will stop if the lot is not
received.
January 14, 2013 Page 6
Hugh Field, 561 Sunset, Court Square Company, is a member of Beecher Law Firm
and owns the building. He expressed concern for the employees that could
potentially lose their parking spots and noted that the Law Firm would match the
incentive offered by JSA.
Forest Dillavou, 1725 Huntington Road, encouraged Main Street to take the offer
from the highest bidder.
Mayor Clark noted that the City is the guarantor on the loan but has no interest
in the property.
140378 - Schmitt/Welper
to table Resolution waiving any option to purchase or other rights of
acquisition that the City of Waterloo may possess and approving the allowance of
Main Street Waterloo to sell the parking lot located in Block 14 of the Original
Plat of Waterloo East on Lafayette Street between East 4th Street and East 5th
Street to JSA Development, subject to mortgage payoff and release of the City of
Waterloo's loan guarantee with respect to said property Roll call vote -Ayes:
Six. Nays: Cole. Motion carried.
140379 - Hart/Welper
that "Resolution approving revised Collective Bargaining Agreement with
International Association of Firefighters Local No. 66 to include Fire Marshal
and Fire Captains", be adopted. Roll call vote -Ayes: Three. Nays: Four (Cole,
Getty, Greenwood, Schmitt). Motion failed.
140380 - Hart/Welper
that "Resolution approving recommendation of award of contract to DB Acoustics,
Inc. of Marion, Iowa in the amount of $71,995.00; and approving the Contract,
Bonds and Certificate of Insurance for the Five Sullivan Brothers Convention
Center Audio/Visual Sound System; and authorize Mayor and City Clerk 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. 2013-036.
ORDINANCES
140381 - Hart/Welper
that "an Ordinance amending the ordinance amending the 2008 Traffic Code by
adding Subsection (20a) Seventh Street (E) to Section 549, Loading Zones in
conjunction with Ordinance Change - Adding a Loading Zone on the East side of
the 300 Block of East 7th Street", be received, placed on file, considered and
passed for the first time. Roll call vote -Ayes: Seven. Motion carried.
140382 - Hart/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
140383 - Hart/Welper
that "an Ordinance amending the ordinance amending the 2008 Traffic Code by
adding Subsection (20a) Seventh Street (E) to Section 549, Loading Zones in
conjunction with Ordinance Change - Adding a Loading Zone on the East side of
the 300 Block of East 7th Street", be considered and passed for the second and
third times and adopted. Roll call vote -Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 5147.
OTHER COUNCIL BUSINESS
140384 - Cole/Hart
to instruct Community Development Director to prepare plans, specifications,
form of contract, etc. in conjunction with Demolition and Site Clearance for the
following properties: 523 Dawson Street; 311 Adams Street; 426 Adams Street; 635
Sumner Street; 109 Oneida Street; 106 Linn Street; 203 Dane Street (garage
only), be approved. Voice vote -Ayes: Seven. Motion carried.
•
January 14, 2012 Page 7
140385 - Cole/Hart
that plans, specifications, form of contract, etc. in conjunction with
Demolition and Site Clearance for the following properties: 523 Dawson Street;
311 Adams Street; 426 Adams Street; 635 Sumner Street; 109 Oneida Street; 106
Linn Street; 203 Dane Street (garage only), be received and placed on file.
Voice vote -Ayes: Seven. Motion carried.
140386 - Cole/Hart
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with Demolition and Site Clearance for the
following properties: 523 Dawson Street; 311 Adams Street; 426 Adams Street; 635
Sumner Street; 109 Oneida Street; 106 Linn Street; 203 Dane Street (garage
only)", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-037.
140387 - Cole/Hart
that "Resolution setting date of hearing and bid opening as January 28, 2013;
and instruct City Clerk to publish notice of plans, specifications, form of
contract, etc. in conjunction with Demolition and Site Clearance for the
following properties: 523 Dawson Street; 311 Adams Street; 426 Adams Street; 635
Sumner Street; 109 Oneida Street; 106 Linn Street; 203 Dane Street (garage
only)", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-038.
ORAL PRESENTATIONS
Theodore Lederman, retired Physician spoke in opposition of the Sunnyside South
LLC development.
Mr. Schmitt reminded the citizens that the budget meetings are tomorrow.
140388 - Hart/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
140389 - Hart/Schmitt
that the council adjourn to Executive Session at 6:54 p.m. Roll call vote -Ayes:
Seven. Motion carried.
City Attorney Jim Walsh stated that discussion of litigation is an approved
topic of Executive Session pursuant to Iowa Code Section 21.5(1)(c)(2012).
EXECUTIVE SESSION
140390 - Hart/Schmitt
that the council adjourn Executive Session at 7:13 p.m. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
140391 - Hart/Schmitt
that the Council adjourn at 7:13 p.m. Voice vote -Ayes: Seven. Motion carried.
Suzy Scha es
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