Loading...
HomeMy WebLinkAboutMinutes-08/11/2014August 11, 2014 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, August 11, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Michael Wilson, Airport Director. 143291 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, August 11, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 143292 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, August 4, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 143293 - 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 August 4, 2014, in the amount of $3,973,725.95, 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. 2014-677. 2. Request of Mike & Lori Price for a variance to the Noise Ordinance from 6:00 p.m. thru Midnight Saturday, June 13, 2015 for the wedding of Casey Davidson & Jeff Brooks on Sans Souci Island to include a live DJ/band and use of PA system. Resolution adopted and upon approval by Mayor assigned No. 2014-678. b. Motion to approve the following: 1. 2. 3. 4. 5. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Target Store T-1792 1501 E. San Marnan Dr. Class E Liquor, B Wine, C Beer Renewal 06/27/15 X Ramada Inn 205 W. 4th St. Class B Liquor Renewal 04/30/15 X Light House Lounge 1307 W. 5th St. Class C Liquor Renewal 06/28/15 X Greg's Place 924-926 LaPorte Rd. Outdoor Service Only New 06/23/14- 11/30/14 Chaser's Pub 3005 University Ave. Class C Liquor & Outdoor Service Renewal 07/07/15 X Cigarette/Tobacco Permit Renewal Applications 6. The Broken Record, 315 W. 4th St. 7. Kwik Star #229, 1717 E. San Marnan Dr. Pawnbrokers License Application 8. I -Loan (Iowa), Inc./Hometown Cash Advance, 2842 University Ave. 9. I -Loan (Iowa), Inc./Hometown Cash Advance, 323 Franklin St 10. Levi brothers Jewelry & Loan, 306 E. 4th St. 11. Money & More!, 1516 LaPorte Rd. 12. Money & More!, 723 Franklin St. Roll call vote -Ayes: Seven. Motion carried. August 11, 2014 Page 2 LICENSES (Staff recommends denial of the following) Pawnbrokers License Application 143294 - Morrissey/Schmitt to approve the pawnbrokers license application for EZPAWN Iowa, Inc. dba EZPAWN, 920 LaPorte Road. Voice vote -Ayes: None. Nays: Seven. Motion failed. Salvage Yard License Applications 143295 - Morrissey/Schmitt to approve the salvage yard License application for Tournier Recycling, 900 Fulton Street. Voice vote -Ayes: None. Nays: Seven. Motion failed. 143296 - Morrissey/Schmitt to approve the salvage yard License application for Litzkow Auto Recyclers, Inc., 1720 Black Hawk Road. Voice vote -Ayes: None. Nays: Seven. Motion failed. PUBLIC HEARINGS 143297 - Hart/Morrissey that proof of publication of notice of public hearing on U.S. 218/Washington Street Systemic Traffic Safety Improvements, as published in the Waterloo Courier on July 29, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 143298 - Hart/Welper that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 143299 - Hart/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with the U.S. 218/Washington Street Systemic Traffic Safety Improvements", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-679. 143300 - Hart/Welper that "Resolution ordering construction in conjunction with the U.S. 218/Washington Street Systemic Traffic Safety Improvements", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-680. 143301 - Hart/Welper to receive, file and instruct City Clerk to read bids and refer to Traffic Operations Superintendent for review: Voice vote -Ayes: Seven. 143302 - Schmitt/Hart that proof of publication of notice of public hearing on purchase of an Oil Distribution System, as published in the Waterloo Courier on July 29, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Bidder Bid Security Bid Amount KWS, 1125 Cedar Inc. Lincoln Falls, St. IA 50613 5% $309,950.00 143302 - Schmitt/Hart that proof of publication of notice of public hearing on purchase of an Oil Distribution System, as published in the Waterloo Courier on July 29, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. August 11, 2014 Page 3 143303 - Schmitt/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. Mr. Lind questioned the process used when the bid is higher than the estimate. Mayor Clark explained that the department head reviews and takes into consideration all things and then makes the determination. Suzy Schares, City Clerk, explained that there were additions to the U.S. 218/Washington Street Systemic Traffic Safety Improvements project. 143304 - Schmitt/Hart that "Resolution confirming, approval of specifications, bid document, etc. in conjunction with the purchase of an Oil Distribution System", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-681. 143305 - Schmitt/Hart That "Resolution authorizing to proceed in conjunction with the purchase of an Oil Distribution System", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-682. 143306 - Schmitt/Hart to receive, file and instruct City Clerk to read bids and refer to Public Works Director for review: Voice vote -Ayes: Seven. Bidder Bid Security Bid Amount Dick's Petroleum Company 106 Third Ave., NE P.O. Box 729 Tripoli, IA 50676 N/A $35,999.03 143307 - Hart/Cole that proof of publication of notice of public hearing on Sherwood Bollard Installation Services, as published in the Waterloo Courier on July 29, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 143308 - Hart/Welper that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. Mr. Lind questioned if the bollards on the finance agenda were for the same project. Paul Huting, Leisure Services Director, explained that the City purchased the bollards and the hearing is for installation of the bollards. 143309 - Hart/Morrissey that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with the Sherwood Bollard Installation Services", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-683. 143310 - Hart/Welper that "Resolution ordering construction in conjunction with the Sherwood Bollard Installation Services", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-684. 143311 - Hart/Welper to receive, file and instruct City Clerk to read bids and refer to Community Planning & Development Director for review: Voice vote -Ayes: Seven. Motion carried. August 11, 2014 Page 4 Bidder Bid Security Bollard with Concrete work 363 Bollards Total Boulder Contracting 25789 N. Ave. Grundy Center, IA 50638 5% $750.00 $33,396.00 $34,146.00 Frickson Bros. Excavating 737 Colleen Ave. Evansdale, IA 50707 $629.60 $250.00 $12,342.00 $12,592.00 Miller Fence & Flag 1800 Burton Ave. Waterloo, IA 50703 $868.88 $135.00 $17,242.50 $17,377.50 143312 - Morrissey/Hart that proof of publication of notice of public hearing on request of Raymond Hayes for the sale and conveyance of city -owned property, Parcel ID 8913-24-312- 017, generally located in the center of the block of Walnut, Franklin, 2nd and 3rd Streets, for $4,000.00, plus costs, as published in the Waterloo Courier on July 29, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 143313 - Morrissey/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 143314 - Morrissey/Hart that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly in conjunction with the request of Raymond Hayes for the sale and conveyance of city -owned property, Parcel ID 8913-24-312-017, generally located in the center of the block of Walnut, Franklin, 2nd and 3rd Streets, for $4,000.00, plus costs", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-685. RESOLUTIONS 143315 - Morrissey/Welper that "Resolution approving the Agreement for Debt Payment with the Waterloo Development Corporation for the SportsPlex Facility; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Nays: One (Lind). Resolution adopted and upon approval by Mayor assigned No. 2014-686. Ms. Cole questioned if the "put clause" was not removed who would pay the remaining mortgage of one million dollars. Mayor Clark explained that it would be a decision of Council at that time. Michelle Weidner, Chief Financial Officer, explained that any profit would repay the debt and then any balance would be paid by the City. Approving the amendment would result in a clear balance. Mr. Schmitt questioned where the deficit from last year was paid from. Michelle Weidner explained that the deficit is being born by the general fund but if the amendments are passed any profit will be used to absorb those losses. Mr. Schmitt questioned if the suggestion by Ms. Thornsberry was a viable option. Jim Walsh, City Attorney, explained that it is not a resolution because it would not result in a tax refund. Mr. Lind questioned why the personal guarantee is not with the bank instead of the WDC. Jim Walsh, City Attorney, explained that there was no need to get a bank involved because the personal guarantee is enforceable. August 11, 2014 Page 5 Michelle Weidner explained that the bank is satisfied by the personal guarantee. Ms. Cole questioned if Council intended to always operate the building. Mayor Clark explained that his understanding is that it was always the intent to operate the building, but it is the Council's decision. Mr. Morrissey questioned if the City has a lease that states that the City will operate the building and would the City have the option to close it if it wished. Michelle Weidner explained that the City would have the option to sell or close the facility if it so chose. Mayor Clark explained that the WDC would pay off the mortgage. Mr. Jones explained that Council controls the budget. Mr. Schmitt explained that if we don't amend the agreement the sales tax will go to the State rather than the City. He reiterated that the "put clause" was always intended in conjunction with the mortgage. Ms. Cole explained the benefit to all the citizens. 143316 - Schmitt/Welper that "Resolution approving Amendment #2 to the Development and Property Transfer Agreement with the Waterloo Development Corporation for the SportsPlex facility and approving Amendment #1 to the Lease Purchase Agreement with the Waterloo Development Corporation for the SportsPlex facility; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Nays: One (Lind). Mr. Jones explained that the City will now have control of the asset rather than the WDC. Mayor Clark stated that we become the owner of the equity. Mr. Hart questioned if the City has a deficit over the next few years if the City has to control the facility. Mr. Schmitt explained that the amendment allows the City to use profit for the facility rather than to pay off the debt. He clarified that Isle of Capri has already set aside the funds to grant the funds to the WDC for the Sportsplex. Tim Hurley, 1933 Crab Apple Lane, Black Hawk Gaming Association, noted that the agreement for the Isle is 5% for the next three years. The Isle has been profitable. The WDC gets 25% of the funds received by the Gaming Association for the downtown. Mr. Morrissey clarified that the City will not take title until 2023. He also asked for clarification on the different agreements. Michelle Weidner explained the agreement for debt payment and the amendment to the development agreement. Mr. Hart clarified that agreement protects the City. Mr. Lind questioned that the amendment says that the City has to pay the mortgage if there is a profit. Michelle Weidner explained that the City is receiving ownership until the mortgage is paid in full in 2023. Resolution adopted and upon approval by Mayor assigned No. 143317 - Cole/Hart equitable title and 2014-687. that "Resolution approving Housing Enterprise Zone Program Agreement No. 14-HEZ- 124 with Iowa Department of Economic Development and Black Hawk Contracting and Development, LLC for the construction of four (4) homes, generally located within the Auditor Francis Reitzel Plat commonly known as Baltimore Field within Enterprise Zone boundaries; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Mr. Hart questioned the timeline for completion. August 11, 2014 Page 6 Noel Anderson explained that the enterprise zone agreement has a 2 year time- frame. Mr. Hart asked the completion time for the Lafayette school site. John Roof, 1509 Commercial Street, explained that the goal is to have all the homes completed within 5 years. There is a tax credit issue which does not allow the developer to get the funds until January, 2016. Mr. Lind questioned why there are two items on the agenda. Noel Anderson explained that it allows the developer to get the funds as he completes each project. Mr. Morrissey questioned if the fire issues and drainage issues have been rectified. Noel Anderson explained that the issues were being looked into and would get updates on the status. Resolution adopted and upon approval by Mayor assigned No. 2014-688. 143318 - Cole/Hart that "Resolution approving Housing Enterprise Zone Program Agreement No. 14-HEZ- 125 with Iowa Department of Economic Development and Black Hawk Contracting and Development, LLC for the construction of four (4) homes, generally located within the Auditor Francis Reitzel Plat commonly known as Baltimore Field within Enterprise Zone boundaries; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-689. 143319 - Cole/Hart that "Resolution setting date of hearing as August 25, 2014 to approve request of High Development of Cedar Rapids, Iowa for a Site Plan Amendment to the "S-1" Shopping Center District to allow for the construction of five (5) 12 -unit multi -family dwellings, generally located south of 200 East Ridgeway Avenue; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Mr. Jones questioned if there is a design review. Noel Anderson explained that with a site plan amendment the design can be reviewed. Resolution adopted and upon approval by Mayor assigned No. 2014-690. 143320 - Schmitt/Hart that "Resolution setting date of hearing as August 25, 2014 to approve request of Brent Dahlstrom of Cedar Falls, Iowa for a Site Plan Amendment to the "R -3,R - P" Planned Residence District, to allow for the construction of eleven (11) duplexes, located on Lot 76 of Summerland Park First Addition; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-691. 143321 - Schmitt/Hart that "Resolution approving an Encroachment Agreement with 500 Sycamore Street Housing Coop to allow for portions of the existing building and appurtenances to encroach in the public right-of-way of Sycamore Street and East Park Avenue located at 500 Sycamore Street; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Noel Anderson explained that the window ledges and the roof overhang need an encroachment agreement to get a clear title, as they are over the encroachment of the property. Resolution adopted and upon approval by Mayor assigned No. 2014-692. 143322 - Schmitt/Hart that "Resolution approving submission of Traffic Safety Grant Application in the amount of $60,000.00 to Iowa Department of Transportation to be used for Traffic Safety Awareness TV Campaign; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. August 11, 2014 Page 7 Resolution adopted and upon approval by Mayor assigned No. 2014-693. 143323 - Cole/Jones that "Resolution approving Supplemental Agreement No. 1 with AECOM Technical Services of Waterloo, Iowa, in an amount not to exceed $7,000.00 to provide engineering services during the construction phase of the East Fifth Parking Garage Repairs Project; 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. 2014-694. 143324 - Cole/Jones that "Resolution approving an Arc Flash Information and Indemnification Agreement with MidAmerican Energy of Waterloo, Iowa for the release of information on the electrical system to serve the new Blowers Creek Storm Water Lift Station; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-695. 143325 - Cole/Jones that "Resolution approving Supplemental Agreement No. 10 with AECOM Technical Services of Waterloo, Iowa in an amount not to exceed $15,000.00 in conjunction with F.Y. 2014 U.S. Highway 63 Improvements - from Conger Street/Newell Street to Donald Street, Contract No. 790; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-696. 143326 - Cole/Jones that "Resolution to approve and accept certain temporary easement/permanent easement contract, in the amount of $1,402.66, with the VFW Post 1623 and American Legion Post 138, generally located west of dead-end West Louise Street, to allow for drainage improvements near Allen Hospital; 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. 2014-697. ORDINANCES 143327 - Hart/Morrissey 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, Rezoning Certain Property in conjunction with request by Brent Dahlstrom of Cedar Falls, Iowa to rezone 2.38 acres from "R-2" One and Two Family Residence District and "R -3,R -P" Planned Residence District to "R -2,R -P" Planned Residence District, located southeast of 5609 Summerland Drive", be received, placed on file, considered and passed for the third time and adopt. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5231. 143328 - Hart/Morrissey 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 on Certain Property in conjunction with request by Brent Dahlstrom of Cedar Falls, Iowa for a Site Plan Amendment to the "R-2, R -P" Planned Residence District, to allow for the construction of five duplexes, located southeast of 5609 Summerland Drive", be received, placed on file, considered and passed for the third time and adopted. Roll call vote - Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5232. OTHER COUNCIL BUSINESS 143329 - Morrissey/Hart That motion approving arbitrage test results reflecting that no payment is due to the Internal Revenue Service for the General Obligation Bonds, Series 2007A, issued in June 2007; 2008A, issued in June 2008, and 2009A, issued in June 2009, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. August 11, 2014 Page 8 ORAL PRESENTATIONS Jim Mease, 1309 Pintail Drive, thanked Coun:,il for holding the work session on the Sportsplex agreement. Bruce Kaiser, 627 Sycamore Street, questioned the reason for the amendment. 143330 - Hart/Morrissey that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 143331 - Hart/Morrissey that the Council adjourn at 6:24 p.m. Voice vote -Ayes: Seven. Motion carried. y Sch:res, CMC City Cl- k/Human Resource Director