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HomeMy WebLinkAboutMinutes-11/18/2002• • November 18, 2002 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, November 18, 2002. Mayor John R. Rooff in the Chair. Roll Call: Berry, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Walter Reed, Jr., Human Rights Executive Director. Pledge of Allegiance: Councilperson Deb Berry. ORAL PRESENTATIONS 117725 - David Larson, 516 West 8th Street and Co -Chair of the Black Hawk County Green Party, presented a petition signed by seven residents asking the council to put the leaf burning ban issue back on the council agenda. Getty/Jordan that the above oral comments and petition be received and placed on file. Ayes: Seven. Motion carried. 117726 - Getty/Hurley that the Agenda, as amended to add Fireworks Display application and appointment of member to Airport Board, for the Regular Session on Monday, November 18, 2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 117727 - Jordan/Clark that the Minutes, as proposed, for the Regular Session on Tuesday, November 12, 2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 117728 - Hurley/Berry that the following items on the consent agenda be received, placed on file and approved: a. Beer/Liquor License Permit Application Class C The Winning Edge, 341 Fletcher Avenue (Renewal) (Expires 12/2/03) (Includes Sunday Sales) Embassy Lounge, 225 E. 5th Street (Renewal) (Expires 11/22/03) (Includes Sunday Sales) b. Fireworks Display Application Trick Pony Concert at McElroy Auditorium on November 22, 2002. c. Communication from Mayor Rooff transmitting appointment of Cynthia Goro to the Airport Board, effective immediately, with term expiration date of January 14, 2005. Ayes: Seven, with Councilperson Clark abstaining on all beer and liquor license permit applications. Motion carried. HEARINGS 117729 - Berry/Welper that proof of publication of notice of public hearing on request of Ronald Weber to sell and convey property generally located near the intersection of U.S. Highway 218 and West 11th Street for $9,330.00, as published in the Waterloo Courier on November 5, 2002, be received and placed on file. Ayes: Seven. Motion carried. 117730 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Ron Weber, 106 Bourland, stated he would like to purchase Lot 10 of Block 43 because it will increase the visibility between West 11th Street, West 10th Street, the railroad tracks and the alley. Mr. Weber stated he has offered $9,330.00 for the property, which is the total amount the city has invested in the property. The city purchased the lot from the State of Iowa for $9,000.00 and spent $330.00 to cap the well. Any further profit from the sale of the property must be paid to the State of Iowa. November 18, 2002 Page 2 HEARINGS CONTINUED Councilperson Jordan stated he supports Mr. Weber, but the property has an appraised value of $18,424.00 and Mr. Weber is offering $9,330.00. Councilperson Jordan asked if the city would be in trouble with the State of Iowa for accepting Mr. Weber's offer. Jim Walsh, City Attorney, stated if the State of Iowa sees that the process was followed by the city, they generally trust the city to be careful with their money, and there should not be a problem accepting this offer. Jordan/Clark that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 117731 - Jordan/Greenwood that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-669. DOCUMENTS 117732 - Getty/Welper that communication from Associate Engineer transmitting an agreement with Ament, Inc. of Cedar Rapids, Iowa for engineering services in an amount not to exceed $8,500.00 in conjunction with preparation of final Storm Water Management Plan be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Eric Thorson, City Engineer, reported that the federal government is requiring cities to clean up the quality of storm water. There are new rules and process which cities must follow to be in compliance. Cities in the metropolitan area are working together and would like to hire this consultant to assist in the preparation of the city's final document. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-670. 117733 - Getty/Welper that communication from Senior Planner transmitting application for Ronald Jordan for tax exemptions on improvements totaling $81,424.00 for property located at 1014 Creston Avenue in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward same to County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-671. 117734 - Getty/Welper that communication from City Planner transmitting Development Agreement with Deere & Company for redevelopment of a portion of the Westfield site as an incubator or educational service center, with minimum of $5,200,000.00 increase in taxable value for eight years be received, placed on file and "Resolution approving said Development Agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-672. Bill Bartels, 646 Summit Avenue, stated he does not understand why the city would donate money to John Deere for their project. Mayor Rooff explained the city is not donating money to John Deere. John Deere is redeveloping the Westfield site and is adding $7.5 million to the tax base, but because they are going to demolish property worth $2.3 million they have signed an agreement which establishes a minimum of $5,200,000.00 increase in taxable value for eight years. This property is in the TIF area and any moneys collected because of the improvements will be used to pay off bonds. • • November 18, 2002 • • DOCUMENTS CONTINUED 117735 - Getty/Welper Page 3 that communication from City Planner transmitting Assistance Amendment with the U.S. Environmental Protection Agency to extend budget and project periods to November 30, 2002, in conjunction with Rath Neighborhood Area Environmental Justice Plan grant be received, placed on file and "Resolution approving said amendment", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-673. 117736 - Getty/Welper that communication from Superintendent of transmitting joint funding agreement with U.S. U.S. Geological Survey for support of operation gage station located between Sixth and Seventh be received, placed on file and "Resolution adopted and Mayor authorized to execute same. Ayes: Waste Management Services Department of the Interior and and maintenance of Cedar River Streets for calendar year 2003 approving said agreement", be Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-674. 117737 - Getty/Welper that communication from Police Chief transmitting Memorandum of Agreement with the Transportation Security Administration and Waterloo Regional Airport for reimbursement of cost for providing Police Officers at the Airport be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-675. RESOLUTIONS TO BE ADOPTED 117738 - Hurley/Clark that "Resolution certifying to the County Auditor expenditures that qualify for reimbursement from the Tax Increment Fund (TIF) in conjunction with San Marnan Tax Increment District", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-676. 117739 - Hurley/Clark that "Resolution certifying to the County Auditor expenditures that qualify for reimbursement from the Tax Increment Fund (TIF) in conjunction with Rath Tax Increment District", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-677. 117740 - Hurley/Clark that "Resolution certifying to the County Auditor expenditures that qualify for reimbursement from the Tax Increment Fund (TIF) in conjunction with Airport Tax Increment District", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-678. 117741 - Hurley/Clark that "Resolution certifying to the County Auditor expenditures that qualify for reimbursement from the Tax Increment Fund (TIF) in conjunction with Martin Road Tax Increment District", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-679. 117742 - Hurley/Clark that "Resolution certifying to the County Auditor expenditures that qualify for reimbursement from the Tax Increment Fund (TIF) in conjunction with Northeast Industrial Tax Increment District", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-680. November 18, 2002 RESOLUTIONS TO BE ADOPTED CONTINUED 117743 - Hurley/Clark Page 4 that "Resolution certifying to the County Auditor expenditures that qualify for reimbursement from the Tax Increment Fund (TIF) in conjunction with Downtown Tax Increment District", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-681. 117744 - Clark/Jordan that "Resolution supporting D.D. Development of Sterling, Inc. in their application to the Iowa Finance Authority for tax credit for the purchase and renovation of the Starlight Village Hotel at 214 Washington Street to provide 135 low and moderate -income elderly housing units", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Rooff explained that in order for D.D. Development of Sterling, Inc. to be considered for tax credits through the Iowa Finance Authority, the local taxing body must support the application. Don Temeyer, City Planner, stated that D.D. Development of Sterling, Inc. has indicated they will be requesting a HOME loan from the city, and they will have to go through the application process which starts in January. Mayor Rooff stated there are no guarantees they will receive the tax credits or HOME or CDBG funds. Mr. Temeyer reported that D.D. Development of Sterling, Inc. is a for-profit organization. The HOME funds are federal funds, and the city has approved similar HOME projects that have gone through the tax credits application process. Councilperson Berry asked if other developers are interested in the project, and Mr. Temeyer responded he is not sure but there could be others. Mayor Rooff reported that other projects, such as the W.C. Stokes project and renovation of Whittier and Emerson Schools, have received tax credits from the Iowa Finance Authority. Councilperson Jordan asked if the state limits the tax credit dollars, and Mayor Rooff responded the Iowa Finance Authority rates them by projects. Mr. Temeyer stated there is no reason why there couldn't be two projects in one year. The federal government allocates the number of tax credits for the state to use for affordable housing. Mayor Rooff reported that a citizen is concerned because he has booked a wedding reception at the hotel for next September and is concerned whether the hotel will still be in business next year. Mayor Rooff reported that he received a letter from George Warren who states we should not be concerned about replacing room loss as adding rooms will be the death of Waterloo downtown properties. Mayor Rooff stated the city supports the hotel honoring their commitments, but the city does not have any jurisdiction over them as they are in the private sector. Councilperson Getty stated he received a call from a citizen who feels this will be a tremendous project for the low and middle income individuals. The new center will have security and opens up 99 units in the $361.00 to $510.00 range. Councilperson Greenwood stated originally he was concerned about losing these hotel rooms, but he read the letter from Mr. Warren which shows the downtown hotel occupancy for the last year at 32.8 percent. We can lose the rooms from the Starlight Village and still have enough rooms to serve the downtown. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-682. November 18, 2002 ORDINANCES TO BE ADOPTED Page 5 117745 - Welper/Jordan that "an Ordinance amending the 2000 Traffic Code by repealing Subsection (3) Ansborough Avenue of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof a new Subsection (3) Ansborough Avenue of Section 541, Increasing Speed Limits in Certain Areas (increase speed limit from 30 to 35 mph on Ansborough Avenue from Falls Avenue to Rainbow Drive and include speed limit as 45 mph on Ansborough Avenue from San Marnan Drive to southerly corporate limits)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 117746 - Getty/Clark that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 117747 - Welper/Jordan that "an Ordinance amending the 2000 Traffic Code by repealing Subsection (3) Ansborough Avenue of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof a new Subsection (3) Ansborough Avenue of Section 541, Increasing Speed Limits in Certain Areas (increase speed limit from 30 to 35 mph on Ansborough Avenue from Falls Avenue to Rainbow Drive and include speed limit as 45 mph on Ansborough Avenue from San Marnan Drive to southerly corporate limits)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4585. BILLS PAYMENT 117748 - Jordan/Clark that "Resolution approving Schedule AP640, pp. 1-72, dated November 18, 2002, in the amount of $3,887,295.96, a copy of which is on file in the City Clerk's Office", be adopted, together with recommendation of approval of the Finance Committee. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-683. ADJOURNMENT 117749 - Getty/Clark that the Council adjourn at 5:56 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk