HomeMy WebLinkAboutMinutes-03/04/2013March 4, 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, March 4, 2013. Mayor Ernest G. Clark
in the Chair. Roll Call: Cole, Getty, Jones, Schmitt, Welper, Hart. Absent: Greenwood.
Moment of Silence.
Pledge of Allegiance: Ron Welper, Ward 5 Council Member.
140576 - Hart/Schmitt
that the Agenda, as amended changing item #6 to show the violation as first
violation and item #10 clarifying the resolution, for the Regular Session on
Monday, March 4, 2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes:
Six. Motion carried.
140577 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, February 25,
2013, at 5:30 p.m., be accepted and approved. ed. Voice vote -Ayes: es: Si
x. Motion
carried.
Mayor Clark read a Proclamation declaring March 8, 2013 as "International
Women's Day". Dee VanDeventer, Chair of Cedar Valley Philanthropy Connection,
explained the project Mentor to Mentor.
Mayor Clark recognized the March 2013 Team Member of the Month - Kim VanDeest.
CONSENT AGENDA
140578 - 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. 1-23,
dated February 25, 2013, in the amount of $1,002,540.89, 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. 2013-160.
2. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00
with Kwik Stop 3 of 1104 Washington Street, for sale of tobacco, tobacco
products or cigarettes to persons under 18 years of age -Submitted by David
R. Zellhoefer, Assistant City Attorney.
Resolution adopted and upon approval by Mayor assigned No. 2013-161.
3. 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
307 Gable Street
$2,100.00
1120 Riehl Street
$1,550.00
Resolution adopted and upon approval by Mayor assigned No. 2013-162.
4. Request of the Black Hawk County 4-H Shooting Sports group for a variance
to the Code of Ordinances concerning discharging of weapons (5-2-6B) to
fire air rifles on Saturday, July 27, 2013 as part of the Black Hawk
County 4-H & FFA Fair being held at the National Cattle Congress
Fairgrounds, together with recommendation of approval of Director of
Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2013-163.
March 4, 2013 Page 2
b. Motion to approve the following:
1.
2.
3.
4.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Lieutenant
Payne;
Investigator
Saunders;
Investigator
Girsch
Homeland
Security
Conference
Los
Angeles,
California
June 3-
8, 2013
$6,387.75
Bill Harter,
Captain
Basic
Fire/Arson
Investigator
School
Ames, Iowa
March
11-22,
2013
$1,106.50
Pat Treloar,
Fire Chief
Fire Department
Company
Officer -Level 2
Des Moines,
Iowa
March
26-29,
2013
$460.24
Eric Thorson,
PE, City
Engineer
American Public
Works
Association
Spring
Conference
West Des
Moines,
Iowa
March
27-29,
2013
$427.00
Class C Beer License Permit Application
5. Fareway Stores, Inc. #951, 40 West San Marnan (Renewal) (Expires
11/15/2013)
6. Dollar General Store #10073, 3815 University Avenue (Renewal) (Expires
2/28/2014) (Includes Sunday Sales)
7. Ali's West Side Liquor, 919 West 5th Street (Renewal) (Expires 12/19/2013)
(Includes Sunday Sales)
Class E Liquor License Permit Application
8. Fareway Stores, Inc. #951, 40 West San Marnan (Renewal) (Expires
11/15/2013)
9. Ali's West Side Liquor, 919 West 5th Street (Renewal) (Expires 12/19/2013)
(Includes Sunday Sales)
Class B Wine License Permit Application
10.Fareway Stores, Inc. #951, 40 West San Marnan (Renewal) (Expires
11/15/2013)
11.Dollar General Store #10073, 3815 University Avenue (Renewal) (Expires
2/28/2014) (Includes Sunday Sales)
12.Ali's West Side Liquor, 919 West 5th Street (Renewal) (Expires 12/19/2013)
(Includes Sunday Sales)
Fireworks Display Application
13.National Cattle Congress, 257 Ansborough Avenue on March 9, 2013 from 9:15
p.m. to 11:30 p.m. (McElroy Event - Hairball Concert)
14.Bonds
Roll call vote -Ayes: Six. Motion carried. Mr. Schmitt abstained from the bills
payment to Schmitt Telecom in the amount of $2,894.56.
PUBLIC HEARINGS
140579 - Schmitt/Welper
that proof of publication of notice of public hearing on FYE2014 Budget, as
published in the Waterloo Courier on February 17, 2013, be received and placed
on file. Voice vote -Ayes: Six. Motion carried.
140580 - This being the time and place of public hearing, the Mayor called for written
and oral objections.
Michelle Weidner, Chief Financial Officer, gave a presentation of the budget
process and explained the current budget proposal.
Mr. Getty questioned if the sewer user fees were for new sewer and maintenance.
Michelle Weidner, noted that there is some capital expense but the majority is
for the crews that maintain the sewers.
March 4, 2013 Page 3
Mr. Welper thanked Michelle Weidner, the finance department, all department
heads, the Council, and the Mayor for getting to a zero percent tax increase.
Mr. Schmitt complimented Michelle Weidner and the department heads for their
hard work on the budget. The high property tax rate has been a stumbling block
for economic development. He feels there is a spending issue and increasing the
fees to the tax payers is playing games with the tax payers. The franchise fee
is also taking money out the road repair fund. The only way out it is to grow
out and he is opposed to taking the money out of the reserve fund.
Cole/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Six. Motion carried.
140581 - Getty/Cole
that "Resolution approving said budget with a total tax levy rate of $17.49319
and total property tax askings of $41,595,949.00 in conjunction with FYE2014
Budget", be adopted. Roll call vote -Ayes: Four. Nays: Two (Jones, Schmitt).
Resolution adopted and upon approval by Mayor assigned No. 2013-164.
140582 - Hart/Welper
that proof of publication of notice of public hearing on Development Agreement
with M & R Iowa, LLC (Fed Ex) and the City of Waterloo for the 10,707 SF
addition to the existing building at 2320 Airline Highway adding $755,000 of
taxable value to the site and offering 5 years at 50% tax rebates to company and
the sale and conveyance of .866 acres of City owned land located west of their
existing building at 2320 W Airline Highway, as published in the Waterloo
Courier on February 28, 2013, be received and placed on file. Voice vote -Ayes:
Six. Motion carried.
140583 - 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. Voice vote -Ayes: Six. Motion carried.
140584 - Hart/Welper
that "Resolution authorizing said sale and conveyance, and authorize City
Attorney to prepare and deliver deed accordingly in conjunction with Development
Agreement with M & R Iowa, LLC (Fed Ex) and the City of Waterloo for the 10,707
SF addition to the existing building at 2320 Airline Highway adding $755,000 of
taxable value to the site and offering 5 years at 50% tax rebates to company and
the sale and conveyance of .866 acres of City owned land located west of their
existing building at 2320 W Airline Highway", be adopted. Roll call vote -Ayes:
Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-165.
140585 - Hart/Schmitt
that "Resolution approving said development agreement; and authorize Mayor and
City Clerk to execute said document in conjunction with Development Agreement
with M & R Iowa, LLC (Fed Ex) and the City of Waterloo for the 10,707 SF
addition to the existing building at 2320 Airline Highway adding $755,000 of
taxable value to the site and offering 5 years at 50% tax rebates to company and
the sale and conveyance of .866 acres of City owned land located west of their
existing building at 2320 W Airline Highway", be adopted. Roll call vote -Ayes:
Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-166.
140586 - Welper/Hart
that proof of publication of notice of public hearing on Amendment to the
Airport Area Urban Development Plan to add a new project by M & R Iowa, LLC (Fed
Ex) to develop an expansion of their existing building located at 2320 Airline
Highway to the plan, as published in the Waterloo Courier on February 28, 2013,
be received and placed on file. Voice vote -Ayes: Six. Motion carried.
March 4, 2013 Page 4
140587 - 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. Voice vote -Ayes: Six. Motion carried.
140588 - Welper/Hart
that "Resolution approving said amendment; and authorize Mayor and City Clerk to
execute said document in conjunction with Amendment to the Airport Area Urban
Development Plan to add a new project by M & R Iowa, LLC (Fed Ex) to develop an
expansion of their existing building located at 2320 Airline Highway to the
plan", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-167.
140589 - Schmitt/Welper
that proof of publication of notice of public hearing on Development Agreement
with RedzoKarabegovic for the sale and conveyance of city -owned property located
at 2063 Howard Avenue for $1.00, as published in the Waterloo Courier on
February 28, 2013, be received and placed on file. Voice vote -Ayes: Six.
Motion carried.
140590 - 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. Voice vote -Ayes: Six. Motion carried.
140591 - Schmitt/Welper
that "Resolution authorizing said sale and conveyance, and authorize City
Attorney to prepare and deliver deed accordingly in conjunction with Development
Agreement with RedzoKarabegovic for the sale and conveyance of city -owned
property located at 2063 Howard Avenue for $1.00", be adopted. Roll call vote -
Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-168.
140592 - Schmitt/Welper
that "Resolution approving said development agreement; and authorize Mayor and
City Clerk to execute said document in conjunction with Development Agreement
with RedzoKarabegovic for the sale and conveyance of city -owned property located
at 2063 Howard Avenue for $1.00", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-169.
140593 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Mr. Getty questioned how many violations the business is allowed before
revocation of the license.
Joe Leibold, Captain of Police Services, reported that the first and second
violations are a fine, the third is a suspension, and the fourth is revocation
of the tobacco license.
Getty/Hart
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Six. Motion carried.
140594 - Getty/Hart
that "Resolution ordering civil penalty in the amount of $300.00 for said first
violation in conjunction with First violation of Waterloo Code of Ordinance,
Sale of tobacco, tobacco products or cigarettes to any person under eighteen
years of age for Broadway Liquor located at 821 Broadway Street", be adopted.
Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-170.
March 4, 2013 Page 5
RESOLUTIONS
140595 - Hart/Welper
that "Resolution accepting maintenance agreements with the City of Evansdale and
the City of Elk Run Heights for a monthly inspection fee of $105.00 to provide
maintenance and repair of the traffic signals and street lights for certain
intersections; and authorize Mayor and City Clerk to execute said documents -
Submitted by Sandie Greco, Traffic Operations Superintendent", be adopted. Roll
call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-171.
140596 - Hart/Welper
that "Resolution approving award of contract to Aspro, Inc. of Waterloo, Iowa in
the amount of $2,415,809.16; and approving Contract, Bonds and Certificate of
Insurance for the F.Y. 2013 Asphalt Overlay Program, Contract No. 833; and
authorize Mayor and City Clerk to execute said documents -Submitted by Jamie
Knutson, P.E., Associate Engineer", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-172.
140597 - Schmitt/Welper
that "Resolution approving 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 Noel
Anderson, Community Planning & Development Director", be adopted. Roll call
vote -Ayes: Three. Nays: Three (Jones, Schmitt, Hart). Motion failed.
Rick Morris, Beecher Law Firm, distributed a memo expressing the law firm's
suggestions for the property. It was expressed that a shared proposal has been
proposed but an agreement has not been reached with Main Street or JSA
Development. He expressed concern with the current procedure for parking issues.
David Deeds, JSA Developer, noted that this is a private sale transaction. The
City is consenting as a guarantor. The agreement with JSA removes the liability
on behalf of the City. Main Street Waterloo is a separate entity from the City.
A good faith written offer was given to Main Street and since they have received
alternate bids, JSA is willing to offer the same amount as the other entity.
They have offered to guarantee the law firm a long-term lease for parking and
access to the lot if they need to expand. They will continue to offer parking to
those in the block.
Hugh Field, Sunset Road, noted this is not a typical transaction due to the
City's guarantee of the loan. The law firm has offered to give JSA rights to due
a vertical construction if they desire to build a ramp. He expressed concern
with the law firms parking if they do not have adequate parking.
Mayor Clark noted that the City is agreeing to the sale but is not choosing who
Main Street can sell it to. The City does have the option to purchase the lot.
Charles Peyton, 220 Linwood Ave., questioned if the City has talked to the State
regarding the pension. Mayor Clark asked him to wait until Oral Comments.
Mr. Welper stated that the intent was never for Council to decide who to sell
the lot to.
Mr. Schmitt questioned if Planning mediated the meeting between the parties.
Noel Anderson, Community Planning and Development Director, noted that the
parties met on their own and were unable to come to an agreement.
Mr. Hart commented that we are agreeing for Main Street to sell the lot.
Mayor Clark explained that the Council is being asked to accept the agreement of
sale.
Jeff Kurtz from Main Street was unavailable but Mayor Clark read an email from
Mr. Kurtz. (A copy is on file in the City Clerk's Office)
Mr. Schmitt noted that parking and properties downtown are becoming more
valuable and he is concerned with the process that was used by Main Street.
March 4, 2013 Page 6
Mr. Jones questioned if JSA Development's offer to enter a long-term agreement
with Beecher Law Firm still stands.
David Deeds, JSA Development, commented that the offer still stands.
140598 - Hart/Welper
that "Resolution approving agreement with AECOM for professional services
relating to the release of property for the Waterloo Regional Airport area, east
of the new MidPort Boulevard, for $29,900.00; and authorize Mayor to execute
said document -Submitted by Noel Anderson, Community Planning & Development
Director", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-173.
140599 - Hart/Welper
that "Resolution approving amended contract agreement with Howard R. Green for
additional soil and air quality testing, and other additional work at the former
Chamberlain Manufacturing site in the amount of $25,000.00; and authorize Mayor
and City Clerk to execute said document -Submitted by Noel Anderson, Community
Planning & Development Director", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-174.
140600 - Hart/Welper
that "Resolution approving submission of application to the Office of Drug
Control for SFY 2014 Byrne -Justice Assistance Grant (JAG) Program to be used for
funding of the Tri -County Drug Task Force -Submitted by Dan Trelka, Director of
Safety Services", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-175.
OTHER COUNCIL BUSINESS
140601 - Getty/Hart
to instruct Public Works Director to prepare specifications, bid document, etc.
in conjunction with Purchase of Six (6) 2013 Ford Interceptor Police Vehicles,
be approved. Voice vote -Ayes: Six. Motion carried.
140602 - Getty/Hart
that specifications, bid document, etc. in conjunction with Purchase of Six (6)
2013 Ford Interceptor Police Vehicles, be received and placed on file. Voice
vote -Ayes: Six. Motion carried.
140603 - Getty/Hart
that "Resolution preliminarily approving specifications, bid document, etc. in
conjunction with Purchase of Six (6) 2013 Ford Interceptor Police Vehicles", be
adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-176.
140604 - Getty/Hart
that "Resolution setting date of hearing and bid opening as March 18, 2013; and
instruct City Clerk to publish notice of specifications, bid document, etc. and
taking of bids in conjunction with Purchase of Six (6) 2013 Ford Interceptor
Police Vehicles", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2013-177.
ORAL PRESENTATIONS
Charles Peyton, noted that three weeks ago he was parked at San Marnan and
Hammond and individuals are running the stop sign. He suggested having red light
cameras. He expressed concern with his garbage bill.
140605 - Hart/Welper
that the above oral comments be received and placed on file. Voice vote -Ayes:
Six. Motion carried.
ti
,a•
March 4, 2013
Page 7
ADJOURNMENT
140606 - Hart/Welper
that the Council adjourn at 6:40 p.m. Voice vote -Ayes: Six. Motion carried.
Suzy S
City C
hares
erk
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