HomeMy WebLinkAboutMinutes-06/24/2013June 24, 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, June 24, 2013. Mayor Ernest G. Clark
in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart.
Moment of Silence.
Pledge of Allegiance: Paul Huting, Leisure Services Director.
141139 - Hart/Schmitt
that the Agenda, as amended by adding $72,000 to item 1.a.19, tabling items 7
and 8, and deleting items 18 and 26, for the Regular Session on Monday, June 24,
2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
141140 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, June 24, 2013
2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
141141 - 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, dated June
24, 2013, in the amount of $2,479,784.33, 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. 2013-520.
2. Request of Ursula Holmes for a variance to the Noise Ordinance on July 5-
7, 2013 from 8:00 a.m. to 8:00 p.m. in conjunction with Gates Park Youth
Basketball Weekend event to be held at Gates Park including a band/DJ and
the use of a PA system, together with recommendation of approval of
Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2013-521.
3. Request of Evan O'Leary for a variance to the Noise Ordinance on June 29,
2013 from 5:00 p.m. to 10:00 p.m. in conjunction with Wedding Reception
event to be held at 211 Sheridan Road including a band/DJ and the use of a
PA system, together with recommendation of approval of Director of Safety
Services.
Resolution adopted and upon approval by Mayor assigned No. 2013-522.
4. Request of Eliz Guyer for a variance to the Noise Ordinance on August 3,
2013 from 7:00 p.m. to 12:00 midnight in conjunction with Wedding and
Reception event to be held at 316 Euclid Avenue including a band/DJ and
the use of a PA system, together with recommendation of approval of
Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2013-523.
5. Authorizing the transfer of $8,664,256 from Fund 200, Trust & Agency Fund,
to Fund 010, General Fund to reimburse the general fund for eligible
employee benefits expenses.
Resolution adopted and upon approval by Mayor assigned No. 2013-524.
6. Authorizing the adjustment of the transfer from Fund 200, Trust & Agency
Fund, based on actual benefit costs related to the payroll to be paid June
28, 2013.
Resolution adopted and upon approval by Mayor assigned No. 2013-525.
Page 2
June 24, 2013
7. Authorizing the transfer of $613,230.12 from Fund 200, Trust & Agency
Fund, to Fund 010, General Fund to reimburse the general fund for the
amount of the emergency levy received.
Resolution adopted and upon approval by Mayor assigned No. 2013-526.
8. Authorizing the transfer of $50,178.00 from Fund 010, General Fund to Fund
100, Debt Service Fund in payment of debt payments made during FYE13 for
the Five Sullivan Brothers Convention Center renovation.
Resolution adopted and upon approval by Mayor assigned No.
9. Authorizing the transfer of $397,370.00 from Fund 010,
Fund 100, Debt Service Fund in payment of the Vision
general obligation bond principal and interest.
Resolution adopted and upon approval by Mayor assigned No. 2013-528.
10.Authorizing the transfer of $2,548,821.62 from Fund 101, Tax Increment
Financing Fund to Fund 100, Debt Service Fund for the TIF portions of
general obligation bond principal and interest paid during the fiscal year
ending June 30, 2013.
Resolution adopted and upon approval by Mayor assigned No. 2013-529.
11.Authorizing the transfer of $2,582,905.40 from Fund 520, Sewer Fund to
Fund 100, Debt Service Fund. This transfer is for the sewer fund portion
of general obligation bond principal and interest paid during the fiscal
year ending June 30, 2013.
Resolution adopted and upon approval by Mayor assigned No. 2013-530.
12.Authorizing the transfer of $1,245,235.28 from Fund 520, Sewer Fund to
Fund 100, Debt Service Fund for the sewer fund portion of the general
obligation bond issues refunded in July 2012 and June 2013.
Resolution adopted and upon approval by Mayor assigned No. 2013-531.
13 Authorizing the transfer of $340,987.94 from Fund 010, General Fund, to
Fund 424, Vision Iowa Projects Fund. This transfers a portion of the
distributions from the Black Hawk County Solid Waste Commission to the
Vision Iowa Projects Fund to pay for construction and related engineering
services for the Riverwalk Loop and Lower Plaza contracts.
Resolution adopted and upon approval by Mayor assigned No. 2013-532.
14.Authorizing additional transfers from Fund 010, General Fund, to Fund 424,
Vision Iowa Projects Fund in an amount to cover all additional expenses
incurred through June 30, 2013 not previously transferred.
Resolution adopted and upon approval by Mayor assigned No. 2013-533.
15.Authorizing the transfer of $52,173.68 from Fund 521, Storm Water Fund, to
Fund 424, Vision Iowa Projects Fund for the portion of the Cattle Congress
Pump Station contract funded with storm water fees.
Resolution adopted and upon approval by Mayor assigned No. 2013-534.
16.Authorizing the transfer of $662,591.31 from Fund 101, Tax Increment
Financing Fund to Fund 426, Capital Improvements Fund to reimburse amounts
paid for the following projects:
2013-527.
General Fund to
Iowa portions of
a.
b.
c.
d.
e.
f.
L&H Farms land purchase $334,109.50
CV Warehouse economic development grant 221,350.00
2710 WCF&N Drive land purchase 56,575.50
Secor Railroad Spur Project 17,999.81
TechWorks development services 3,977.50
Government Relations contract 28,000.00
Total $662,012.31
Resolution adopted and upon approval by Mayor assigned No. 2013-535.
17.Authorizing additional transfers from Fund 101, Tax Increment Financing
Fund, to Fund 426, Capital Improvements Fund in an amount to cover all
additional expenses incurred through June 30, 2013 for the Secor Railroad
Spur.
Resolution adopted and upon approval by Mayor assigned No. 2013-536.
June 24, 2013
Page 4
141143 - 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.
141144 - Schmitt/Welper
that "Resolution confirming approval of specifications, bid document, etc., be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-539.
141145 - Schmitt/Welper
that "Resolution ordering to proceed in conjunction with Purchase of Uniforms
and Equipment for Waterloo Police Department", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-540.
141146 - Schmitt/Welper
to receive and file and instruct City Clerk to open and read bids and refer to
City Clerk for review in conjunction with Purchase of Uniforms and Equipment for
Waterloo Police Department:
Bidder
Bid Amount
Carpenter Uniform Co
Des Moines IA
On file
Clerk's
in the
Office
City
Wertjes Uniforms
Cedar Falls IA
On file
Clerk's
in the
Office
City
Voice vote -Ayes: Seven. Motion carried.
141147 - Hart/Welper
that proof of publication of notice of public hearing on Amendment to the Logan
Area Urban Renewal and Redevelopment Plan for KWWL Television, Inc. for the
renovation of the existing commercial building located at 500 East 4th Street,
as published in the Waterloo Courier on June 14, 2013, be received and placed on
file. Voice vote -Ayes: Seven. Motion carried.
141148 - This being the time and place of public hearing, the Mayor called for written
and oral objections. Written objections are on file in the City Clerk's Office.
Noel Anderson, Community Planning and Development Director, reported that the
City is following procedures for the programs offered by the City. This
agreement looks at future options for redevelopment and infill development.
Mayor Clark noted that the City has tried very hard to retain KWWL in Waterloo
and has had an opportunity to look at future development in the area.
Mr. Getty questioned if KWWL is requesting the City to purchase the American
Legion Building. Mayor Clark noted that it is an option.
Ms. Cole stated the terms of the development agreement.
Hart/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
141149 - Hart/Welper
that "Resolution approving said amendment; and authorize Mayor and City Clerk to
execute said document", be adopted". Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-541.
June 24, 2013
141150 - Hart/Welper
Page 5
that proof of publication of notice of public hearing on Development Agreement
between KWWL Television Inc. and the City of Waterloo for the renovation of the
existing building located at 500 East 4th Street and additional new construction
on the site, with a minimum investment of $2,500,000.00 and offering tax rebates
for 10 years at 70 percent, as published in the Waterloo Courier on June 14,
2013, be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
141151 - This being the time and place of public hearing, the Mayor called for written
and oral objections. Written comments are on file in the City Clerk's Office.
Hart/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
141152 - Hart/Welper
that "Resolution approving said development agreement; and authorize Mayor and
City Clerk to execute said document", be adopted". Roll call vote -Ayes: Six.
Nays: One (Cole).
Resolution adopted and upon approval by Mayor assigned No. 2013-542.
141153 - Welper/Schmitt
that proof of publication of notice of public hearing on Request by Hy -Vee, Inc.
for a site plan amendment to the "S-1" Shopping Center District, to allow for a
7,008 square foot expansion to the store for a Hy -Vee Wine & Spirits located at
1422 Flammang Drive, as published in the Waterloo Courier on June 14, 2013, be
received and placed on file. Voice vote -Ayes: Seven. Motion carried.
141154 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Welper/Schmitt
that the hearing be closed and receive and file oral and written comments and
recommendation of approval of Planning, Programming and Zoning Commission.
Voice vote -Ayes: Seven. Motion carried.
141155 - Welper/Schmitt
that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo
Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-
4-4, approving a site plan amendment of certain property", be received, placed
on file, considered and passed for the first time. Roll call vote -Ayes: Seven.
Motion carried.
141156 - Welper/Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
141157 - Welper/Schmitt
that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo
Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-
4-4, approving a site plan amendment of certain property", 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. 5162.
141158 - Schmitt/Greenwood
that proof of publication of notice of public hearing on Request by Atul Patel
for a site plan amendment to the "S-1" Shopping Center District, to allow for
the construction of a Fairfield Inn & Suites Hotel located west of 2127 LaPorte
Road, as published in the Waterloo Courier on June 14, 2013, be received and
placed on file. Voice vote -Ayes: Seven. Motion carried.
June 24, 2013
Page 6
141159 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Schmitt/Greenwood
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Seven. Motion carried.
141160 - Schmitt/Greenwood
that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo
Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-
4-4, approving a site plan amendment of certain property", be received, placed
on file, considered and passed for the first time. Roll call vote -Ayes: Seven.
Motion carried.
141161 - Schmitt/Greenwood
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
141162 - Schmitt/Greenwood
that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo
Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-
4-4, approving a site plan amendment of certain property", 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. 5163.
141163 - Hart/Welper
that proof of publication of notice of public hearing on Request by Residential
Development Partners, LLC (Jim Ellis) for a site plan amendment to the "R -1,R -P"
Planned One and Two Family Residence District, to allow for the construction of
12 single-family homes on 3.19 acres generally located north of Eureka Street
and east of Vermont Street (Baltimore Field), as published in the Waterloo
Courier on June 14, 2013, be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
141164 - 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 tabled until July 1, 2013. Roll call vote -Ayes: Seven.
Motion carried.
141165 - Hart/Welper
that proof of publication of notice of public hearing on Request by Residential
Development Partners, LLC (Jim Ellis) for a site plan amendment to the "R -1,R -P"
Planned One and Two Family Residence District, to allow for the construction of
5 single-family homes on 1.13 acres generally bounded by Williston Avenue,
Pleasant Street, West 7th Street and Allen Street (Williston Field), as
published in the Waterloo Courier on June 14, 2013, be received and placed on
file. Voice vote -Ayes: Seven. Motion carried.
141166 - 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 tabled until July 1, 2013. Roll call vote -Ayes: Seven.
Motion carried.
RESOLUTIONS
141167 - Getty/Schmitt
that "Resolution approving the City of Waterloo providing full-time Animal
Control Services to Waterloo effective July 1, 2013", be adopted.
Randy Herod spoke in opposition to the City acquiring animal control.
Anita Kabele, spoke in opposition to the City acquiring animal control and
questioned the projected budget and how strays would be handled.
June 24, 2013
Page 7
Jennifer Kane, 411 Glencoe Ave., questioned strays and euthanizing the animals.
She suggested the City update the website to show pictures of strays and the
necessary ordinances required. She spoke in support of the Cedar Bend Humane
Society.
Forest Dillavou, 1725 Huntington Rd., suggested giving the building to Leisure
Services not animal control.
Mr. Getty spoke in opposition to the City acquiring animal control.
Mr. Schmitt questioned the reasoning behind acquiring animal control, the money
or services.
Mayor Clark noted that both are reasons for acquiring the service.
Mr. Schmitt suggested working with the Humane Society for a period of time to
allow time to work with the surrounding communities to create a task force to
look at the issue.
Mr. Jones concurred with Mr. Schmitt but noted that the Humane Society has only
offered an annual contract. He noted that the cost of the building and the
vehicles is not being considered.
Mr. Schmitt questioned if the Humane Society would consider a 6 -month contract.
Anita Kabele, Cedar Bend Humane Society, reported that it would be up to the
board. She also noted that the other cities have a clause that allows them to
terminate the contract by giving a 60 -day notice.
Kristy Gardner, Cedar Bend Humane Society, noted that strays are not being
covered by the City and that Sandie Greco has known for 6 months that the
contract was going to need to be amended. She does not believe that shared
services are working well.
Mr. Greenwood questioned how strays will be handled if the City acquires animal
control.
Sandie Greco, Traffic Superintendent, noted that she was not aware that the
Humane Society would not accept strays if they are not under contract with the
City of Waterloo. The City holds them for 72 hours to 1 week. Officers and
volunteers will monitor the kennels. There is an agreement with the DNR and
Waste Management to dispose of dead animals. There is an extra charge of $60 for
dead deer and $10 for small animals if Cedar Bend picks up the animals.
Mr. Jones noted that there are too many unresolved issues for the City to take
over animal control.
141168 - Getty/Schmitt
that the Resolution approving the City of Waterloo providing full-time Animal
Control Services to Waterloo effective July 1, 2013 be tabled until next week.
Roll call vote -Ayes: Seven. Motion carried.
141169 - Hart/Cole
that "Resolution approving recommendation of award of bid to Signs By Tomorrow
of Cedar Falls, Iowa in the amount of $2,970.00, for Graphics for Six (6) Patrol
Vehicles", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-543.
141170 - Hart/Cole
that "Resolution approving Contract in the amount of $46,300.00 for Services
with Mullin & Lonergan Associates of Pittsburgh, Pennsylvania for professional
services for the FY2015-FY2019 Five -Year Waterloo/Cedar Falls HOME Consortium
Consolidated Plan and Analysis of Impediments to Fair Housing", be adopted.
Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-544.
141171 - Hart/Cole
that "Resolution approving Amended Waterloo/Cedar Falls HOME FY2014 Allocation
of CDBG and HOME Program Funds", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-545.
June 24, 2013
141172 - Cole/Hart
Page 8
that "Resolution approving renewal of stop loss health insurance for a premium
of $838,575.00 with Wellmark Blue Cross Blue Shield", be adopted. Roll call
vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-546.
141173 - Cole/Hart
that "Resolution approving renewal of contract with Delta Dental of Iowa to
administer the employee dental health benefit plan, including administrative and
claims services, at a cost of $3.80 per employee per month for FY14", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-547.
141174 - Cole/Hart
that "Resolution approving F.Y. 2014 Claims Service Contract agreement for Third
Party Administration with Alternative Service Concepts at a cost not to exceed
$23,810.00, plus bill review, to provide administrative and claims services for
self-funded work comp insurance", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-548.
141175 - Cole/Hart
that "Resolution approving renewal of general and auto liability, law
enforcement, public officials, errors and omissions, and umbrella insurance for
a total premium of $809,379.00 with Travelers Insurance together with
recommendation of approval of Insurance Committee", be adopted. Roll call vote -
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-549.
141176 - Cole/Hart
that "Resolution approving renewal of property insurance for a total premium of
$306,677.00 with Chubb Insurance, together with recommendation of approval of
Insurance Committee", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-550.
141177 - Getty/Hart
that "Resolution approving submission of Black Hawk County Gaming Association
grant application in the amount of $251,898.00 to be used as the match for the
State Recreational Trails funds awarded for the F.Y. 2014 Shaulis Road
Recreational Trail Extension - Phase I, Contract No. 858; and authorize Mayor to
execute said document", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-551.
141178 - Getty/Hart
that "Resolution approving Cooperative Agreement with Iowa Department of
Transportation for the installation of a flowmeter at the Edwards Street Storm
Lift Station for a period of 12 months, at an estimated cost of $7,500.00 with
100 percent of the costs reimbursed by DOT; and authorize Mayor and City Clerk
to execute said document", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-552.
141179 - Getty/Hart
that "Resolution approving Second Tolling Agreement; and authorize Mayor to°
execute said document", be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-553.
141180 - Getty/Hart
that "Resolution approving use of $56,575.50 in Tax Increment Financing funds
for the acquisition of property generally located in the Midport TIF District",
be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-554.
June 24, 2013
141181 - Schmitt/Welper
Page 9
that "Resolution approving use of up to $333,000.00 plus up to $2,000.00 for
funds needed for closing costs in Tax Increment Financing funds for the
acquisition of property generally located in the San Marnan TIF District", be
adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-555.
141182 - Schmitt/Welper
that "Resolution approving use of $48,000 in Logan Tax Increment Financing funds
for payment of Government Relations Contract", be adopted. Roll call vote -Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-556.
141183 - Seven.
that "Resolution approving the FY2013 incentive funds to Greater Cedar Valley
Alliance for work towards economic development for an amount up to $43,500.00",
be adopted. Roll call vote -Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2013-557.
ORDINANCES
141184 - Cole/Getty
that "an Ordinance Reducing speed limit from 30 mph to 25 mph when lights are
flashing from 500 feet north of Sidehill Drive to Orange Road", be considered
for the first time. Roll call vote -Ayes: Seven.
141185 - Cole/Getty
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried.
141186 - Cole/Hart
that "an Ordinance Reducing speed limit from 30 mph to 25 mph when lights are
flashing from 500 feet north of Sidehill Drive to Orange Road", 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. 5164.
ORAL PRESENTATIONS
Mr. Hart announced that today is his thirteenth anniversary.
Mayor Clark welcomed back Mr. Greenwood.
141187 - Hart/Welper
that the above oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
ADJOURNMENT
141188 - Hart/Welper
that the Council adjourn at 6:33 p.m. Voice vote -Ayes: Seven. Motion carried.
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