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HomeMy WebLinkAboutMinutes-02/03/2003February 3, 2003 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, February 3, 2003. Mayor John R. Rooff in the Chair. Roll Call: Kincaid, Welper, Clark, Jordan, Hurley, Getty, Greenwood. Invocation by: Councilperson Scott Jordan. Pledge of Allegiance: Jim Quint, MIS Manager. 117704 - Getty/Jordan that the Agenda, as proposed, for the Regular Session on Monday, February 3, 2003, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 117705 - Jordan/Welper that the Minutes, as proposed, for the Regular Session on Monday, January 27, 2003, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. CONSENT AGENDA 117706 - Hurley/Jordan that the following items on the consent agenda be received, placed on file and approved: a. Pat Treloar, Fire Rescue Community Services Coordinator, to attend Lifesavers 2003 National Conference on Highway Safety Priorities in Chicago, Illinois, on March 8-11, 2003, with costs not to exceed $945.00, including use of city vehicle. b. Mike Moore, Fire Rescue Lieutenant, to attend Rope and Rescue Technician I/II Class in Iowa City, Iowa, on May 19-23, 2003, with costs not to exceed $971.00, including use of city vehicle. c. Bradley Hagen, Airport Director, to attend 75th Annual American Association of Airport Executives Conference in Los Angeles, California, on April 26 - May 1, 2003, with costs not to exceed $2,831.00. d. Noel Anderson, Assistant City Planner, to attend Excelling as a First Time Supervisor Workshop in Cedar Falls, Iowa, on March 19, 2003, with costs not to exceed $159.00, including use of city vehicle. e. Kristin Rath, Police Officer, to attend ASP Tactical Baton Instructor Course in Johnston, Iowa, on January 28-29, 2003, with costs not to exceed $138.00. f. Beer License Permit Application Class C Express Mart, 1027 East 4th Street (Renewal) (Expires 3/9/04) (Includes Sunday Sales) Sycamore Convenience, 614-619 Sycamore Street (Renewal) (Expires 3/11/04) (Includes Sunday Sales) g. Beer/Liquor License Permit Application Class C Lone Star 3/11/04) Sapphire's 2/12/04) Steakhouse & Saloon, 4045 Hammond Avenue (Renewal) (Expires (Includes Sunday Sales) Gentlemen's Club, 301 West 4th Street (Renewal) (Expires (Includes Sunday Sales) h. Wine License Permit Application Class B Express Mart, 1027 East 4th Street Sunday Sales) Sycamore Convenience, 614 (Includes Sunday Sales) (Renewal) (Expires 3/9/04) (Includes -619 Sycamore Street (Renewal) (Expires 3/11/04) February 3, 2003 CONSENT AGENDA CONTINUED J. Liquor License Permit Application Class E Sycamore Convenience, 614-619 Sycamore Street (Includes Sunday Sales) Page 2 (Renewal) (Expires 3/1/04) Application for Outdoor Service Area Lone Star Steakhouse & Saloon, 4045 Hammond Avenue (Expires 3/11/04) k. Communication from Community Planning & Development recommendation of appointment of Rudy Jones to the Development Director effective February 4, 2003. 1. Communication from Community Planning & Development recommendation of appointment of Noel Anderson to Planner effective February 4, 2003. m. Director transmitting position of Community Director transmitting the position of City Communication from Community Planning & Development Director transmitting recommendation of appointment of Melissa Edsill to the position of Economic Development Coordinator effective February 4, 2003. Ayes: Six, with Councilperson Clark abstaining on all beer and liquor license permit applications. Absent: Greenwood. Motion carried. HEARINGS 117707 - Jordan/Welper that proof of publication of notice of public hearing on request of Waterloo Schools to sell and convey property generally located at the southwest corner of Walker Street and Longfellow Avenue for $1.00, as published in the Waterloo Courier on January 22, 2003, be received and placed on file. Absent: Greenwood. Motion carried. 117708 - This being the time and place of public and oral objections and there were none. Jordan/Clark Ayes: Six. hearing, the Mayor called for that the hearing be closed and oral and written comments be received on file. Ayes: Six. Absent: Greenwood. Motion carried. written and placed 117709 - Welper/Getty that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor 117710 - Hurley/Jordan assigned No. 2003-70. that proof of publication of notice of public hearing on Comprehensive Long Range Land Use Plan, as published in the Waterloo Courier on January 22, 2003, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 117711 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Welper that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. Greenwood now present at 5:40 p.m. 117712 - Getty/Jordan that "Resolution approving said plan", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-71. February 3, 2003 • HEARINGS CONTINUED 117713 - Getty/Jordan Page 3 that proof of publication of notice of public hearing on Reestablishment of the Self Supported Municipal Improvement District (SSMID) for two years at $3.00 per $1,000.00 of assessed valuation, as published in the Waterloo Courier on January 17, 2003, be received and placed on file. Ayes: Seven. Motion carried. 117714 - This being the time and place of public hearing, the Mayor called for written and oral objections. City Clerk Nancy Eckert reported that a letter of objection was received from John D. Goossen, Publisher of the Waterloo Courier. Mr. Goossen's letter stated he was filing an objection on behalf of the Waterloo -Cedar Falls Courier related to the use of SSMID tax dollars for economic development staff in the downtown. The Courier believes that would be ineffective and inappropriate. Additional staffing for this would be counterproductive to Waterloo's overall economic development program and would further divide vitally needed efforts. Mayor Rooff reported that several meetings were held between Main Street Waterloo's Board and downtown property owners. The SSMID proposed tonight provides funding for Main Street Waterloo. Mayor Rooff reported it would require a petition with signatures of 40 percent of the downtown property owners to end the SSMID, and a petition with signatures of 25 percent of the downtown property owners would require an unanimous vote of the council to override the petition to end the SSMID. Mayor Rooff stated he has inquired of the State Auditor what is the responsibility of the Council regarding the SSMID. Mayor Rooff stated if the ordinance passes three readings and is adopted, the SSMID tax is recorded by the County Auditor, sent to the City and then forwarded to Main Street Waterloo. Mayor Rooff stated it is this administration's sincere hope to get this resolved so everyone will work together, and he will continue to work with everyone over the next few weeks. Councilperson Clark stated that number three on the SSMID application says fifty cents of the three dollars shall be set aside to create a loan pool for investors in the SSMID area, or to pay for staff devoted to economic development in the downtown. Councilperson Clark asked with this being part of the notice sent to property owners can the allocation be changed. Jim Walsh, City Attorney, stated the process could be started over, but the ordinance on tonight's agenda is the language proposed in the SSMID application and the notice sent to downtown property owners. The downtown property owners agree or disagree with the re-establishment of the SSMID based on the notice sent to property owners, and it would not be appropriate to do something different. Councilperson Clark stated that the group of downtown owners who are acquiring signatures for a petition to stop the SSMID disagree with the use of the funds. Mr. Walsh stated the council has to make a decision based on the application and notice as Main Street was part of the conduit and part of the notice. Councilperson Clark asked if the money is going to be used with fifty cents to economic development. Randy Stultz responded that Main Street Waterloo's plan is to use fifty cents for economic development. Councilperson Clark asked if the SSMID passes is no money earmarked for economic development. Mr. Stultz responded that approximately $20,000 of the SSMID is set aside for economic development. Mayor Rooff stated the notice to property owners states that the purpose of the SSMID is to assist in the orderly redevelopment of the area within the district, increase the marketing efforts of Main Street Waterloo, especially in the areas of business retention, and contribute to the funding of Main Street Waterloo. Main Street Waterloo is saying that some of the money will be going for economic development. Mr. Stultz stated that right now Main Street Waterloo has no money for additional staff. Main Street would like to keep overhead to a minimum. Mr. Walsh stated that the council can ask Main Street Waterloo how it will use the money and make a decision from their response. The council can only make a decision on the language in the application and notice to property owners. Councilperson Hurley stated he is pleased that the council is going to have three separate readings. Councilperson Hurley stated he needs in writing how Main Street Waterloo is going to spend the money. February 3, 2003 HEARINGS CONTINUED Getty/Jordan Page 4 that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments, be received and placed on file. Ayes: Seven. Motion carried. 117715 - Hurley/Welper that "an Ordinance Reestablishing the Self Supported Municipal Improvement District (SSMID) for two years at $3.00 per $1,000.00 of assessed valuation", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. Councilperson Clark stated that there have been several meetings on the SSMID, and there is nothing more important on the council's plate right now than the SSMID. Councilperson Clark stated that no one questions that Main Street Waterloo brings people to the downtown and everyone hopes they continue. The petition with signatures of downtown property owners opposing the SSMID is because they have issues with Main Street Waterloo not promoting the downtown for economic development. Councilperson Clark stated he is perplexed that Main Street Waterloo has not been willing to hear that group out, and he hopes it can be done. Councilperson Clark stated he is fearful that won't get done in time and the petition will be filed to shut down the SSMID. Councilperson Getty stated that both sides have worked hard to resolve the issues. Councilperson Getty stated he feels the council should pass the SSMID as proposed and give Melissa Edsill an opportunity as the economic development coordinator as she can help the downtown, and we should give that a try. Councilperson Greenwood stated he hopes both sides can find a common ground. The city has shown its interest with the appointment of Melissa Edsill as the Economic Development Coordinator. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. UNFINISHED BUSINESS 117716 - Jordan/Getty that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $480,469.11 to Cunningham Construction Company, Inc. of Cedar Falls, Iowa, in conjunction with San Marnan Drive Traffic Improvements - Phase II, STP -U-8155(657)-70-07, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-72. 117717 - Welper/Clark that communication from Assistant City award of contract in the amount of $78 Reinbeck, Iowa, in conjunction with Contract No. 662, be received, placed award of contract", be adopted. Ayes: Engineer transmitting recommendation of ,680.00 to Peterson Contractors, Inc. of F.Y. 2003 Salvaged Asphalt Crushing, on file and "Resolution approving said Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-73. DOCUMENTS 117718 - Hurley/Greenwood that communication from Superintendent of Waste Management Services transmitting Change Order No. 1 for a net increase in the amount of $89,000.00 for work to be performed by Municipal Pipe Tool Company, Inc. of Hudson, Iowa, in conjunction with F.Y. 2002 Satellite Interceptor Corrosion Control Project, Contract No. 652, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. • February 3, 2003 • • DOCUMENTS CONTINUED 117719 - Jordan/Clark Page 5 that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $480,469.11 from Cunningham Construction Company, Inc. of Cedar Falls, Iowa, in conjunction with San Marnan Drive Traffic Improvements - Phase II, STP -U-8155(657)-70-07, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-74. 117720 - Welper/Greenwood that communication from Associate Engineer transmitting Professional Services agreement with Earth Tech, Inc. at a cost of $39,300.00 in conjunction with F.Y. 2003 Biennial Bridge Inspection Program be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-75. 117721 - Getty/Hurley that communication from Fire Chief transmitting one-year 28E Agreement with Cedar Township to provide fire protection and ambulance services be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-76. 117722 Getty/Hurley that communication from Fire Chief transmitting one-year 28E Agreement with East Waterloo Township to provide fire protection and ambulance services be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-77. 117723 - Getty/Hurley that communication from Fire Chief transmitting one-year 28E Agreement with Elk Run Heights to provide fire protection and ambulance services be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-78. 117724 - Clark/Kincaid that communication from Senior Planner transmitting application for Jewell M. Mays for tax exemptions on improvements totaling $19,450.00 for property located at 527 Webster Street 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. 2003-79. 117725 Greenwood/Jordan that communication from Community Planning & Development Director transmitting Economic Development Plan be received, placed on file and "Resolution approving said plan", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-80. 117726 - Hurley/Welper that communication from Assistant City Planner transmitting Contract for Services with the Iowa Northland Regional Council of Governments (INRCOG) to provide technical and professional services in conjunction with preparation of a Hazard Mitigation Plan Update, with city match of $2,680.25, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-81. February 3, 2003 Page 6 RESOLUTIONS TO BE ADOPTED 117727 - Getty/Welper that "Resolution authorizing sale and conveyance of city -owned property generally located on Dundee Avenue between Stratford and Upton Avenues to Gina Jordan -Burg for $16,800.00", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Prior to a vote on the above motion, the following comments were heard. Don Temeyer, Community Planning and Development Director, stated that Gina Jordan and Mark and Renalda Becker have come to an agreement to allow the Beckers to purchase the northerly 20 feet of city -owned property abutting their property on Dundee Avenue. The city will have to set a new date of hearing on the sale of that portion of the property to Renalda and Mark Becker. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Abstain: Jordan. Resolution adopted and upon approval by Mayor assigned No. 2003-82. 117728 - Getty/Welper that "Resolution allocating $22,195.00 of Hotel/Motel Tax to the Five Sullivan Brothers Convention Center Renovation Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-83. 117729 - Getty/Welper that "Resolution requesting assistance of the Iowa Northland Regional Council of Governments (INRCOG) staff in conjunction with preparation of a Hazard Mitigation Plan Update", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-84. BILLS PAYMENT 117730 - Jordan that "Resolution approving Schedule AP640, pp. 1-77, dated February 3, 2003, in the amount of $421,185.94, 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. 2003-85. ADJOURNMENT 117731 - Councilperson Getty stated that as of January 1, customers are being billed at the new rates for sewer and water. The bills are for services provided for the period of October through December and the new rates have been applied. Councilperson Getty asked that staff provide the council with figures on how many people have been affected, how much we have collected with the new rates and what can be done to correct it. Jordan/Clark that the Council adjourn at 6:10 p.m. Ayes: Seven. Motion carried. X Nancy Eckert City Clerk 1 •