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HomeMy WebLinkAboutMinutes-12/13/2004December 13, 2004 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, December 13, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Councilperson Bob Greenwood 120860 - Welper/Kincaid that the Agenda, as amended, for the Regular Session on Monday, December 13, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 120861 - Welper/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, December 6, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 120862 - Terrance Morgan, 3370 Westridge Drive, spoke regarding his beer and liquor license application for Kat's Bar & Grill, which was deleted from tonight's agenda. Mr. Morgan stated he discovered this afternoon that the city was going with the previous operator, and he isn't sure if the decision was made in the right way. Mr. Morgan stated he has all his paperwork completed for the beer and liquor license application and would like the council to reconsider. Mr. Morgan stated it was explained to him that the current tenant is in default, the city gave him 90 days, which is tomorrow, and now the city is giving him more time. Don Temeyer, Community Planning & Development Director, responded that city purchased this property and could tear it done next year. Mr. Temeyer reported there is no signed lease with Mr. Morgan and the license cannot be approved without the license. Staff is working with the City Attorney to see if the city has a legal responsibility to the previous tenant. One option would be to cancel the lease and not allow either to operate out of the building. Mr. Temeyer stated the current tenant has equipment in the building, and they either have the right to keep going or the city could terminate him. Mr. Temeyer stated it is probably in the city's best interest to get what he owes us. Kincaid/Welper that the above comments be received and placed on file and the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP640, pp. 1-100, dated December 13, 2004, in the amount of $2,214,820.48, 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. 2004-830. 2. Communication from City Engineer transmitting request of Edward McClure for a waiver for an asphalt driveway to be located at 1027 Shultz Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2004-831. b. Motion to approve the following: 1. Communication from Mayor Hurley transmitting recommendation of appointment of Janet Barcherding to the Waterloo Housing Authority Board, with term expiration date of January 2006. 2. Communication from Mayor Hurley transmitting recommendation of appointment of Aaron Little and Willie Cody to the Telecommunications Commission, with term expiration date of December 1, 2007. 3. Communication from Assistant Superintendent of Waste Management Services transmitting recommendation of appointment of Larry Levendusky to the position of Waste Water Operator, effective December 14, 2004. December 13, 2004 Page 2 Consent Agenda - continued 4. Scott Destival, Golf Manager; Tom Klein, Mark Such and Bill Bisdorf, Golf Maintenance III, to attend 71st Iowa Turfgrass Conference & Trade Show in Des Moines, Iowa on January 31, 2005 - February 2, 2005, with costs not to exceed $435.00. 5. Rob Borsellino, Des Moines Register Columnist, to be featured speaker at the Human Rights Annual Awards Luncheon in Waterloo, Iowa on December 10, 2004, with costs not to exceed $150.00. c. Beer License Permit Application Class B National Dairy Cattle Congress, 250 Ansborough Avenue (Renewal) (Expires 12/23/05) (Includes Sunday Sales) d. Beer/Liquor License Permit Application Class C Diamond Bar, 313 West 5th Street (Renewal) (Expires 12/30/05) (Includes Sunday Sales) The Locker Room Lounge, 1918 Hawthorne Avenue (Renewal) (Expires 12/31/05) (Includes Sunday Sales) e. Liquor License Permit Application Class E Food Pride, 2834 Ansborough Avenue (Renewal) (Expires 12/18/05) (Includes Sunday Sales) f. Beer License Permit Application Class C Food Pride, 2834 Ansborough Avenue (Renewal) (Expires 12/18/05) (Includes Sunday Sales) g. Wine License Permit Application Class B Food Pride, 2834 Ansborough Avenue (Renewal) (Expires 12/18/05) (Includes Sunday Sales) h. Liquor License Permit Application Class A Post 1623 of the Veterans of Foreign War, 1406 Commercial Street (Renewal) (Expires 1/14/06) (Includes Sunday Sales) Ayes: Seven. Motion carried. HEARINGS 120863 - Gunderson/Welper that proof of publication of notice of public hearing on issuance of not to exceed $740,000.00 General Obligation Bonds for an Essential Corporate Purpose to pay costs of planning, undertaking and carrying out an urban renewal project for the San Marnan Urban Renewal Area, including costs associated with funding of an economic development grant to Penaluna Enterprises, LLC., as published in the Waterloo Courier on November 30, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120864 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Gunderson that the hearing be closed. Ayes: Seven. Motion carried. 120865 - Gunderson/Kincaid that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $740,000.00 General Obligation Bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-832. 1 • December 13, 2004 • • Hearings - continued 120866 - Schmitt/Gunderson Page 3 that proof of publication of notice of public hearing on Development Agreement with CBE Group, Inc. to develop 20,000 sq. ft. professional office building on approximately 6 acre site generally located south of the existing South Tower Park office complex, with a minimum taxable value of $3.2 million, addition of 240 jobs and a grant in the amount of $738,549.00 for land purchase, as published in the Waterloo Courier on November 30, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120867 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed. Ayes: Seven. Motion carried. 120868 - Schmitt/Welper that "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. 2004-833. 120869 - Greenwood/Schmitt that proof of publication of notice of public hearing on request of Schenk Engineering for a site plan amendment to the "C -Z" Conditional Zoning Districts for property generally located south of the existing Tower Park office complex for the purpose of developing a 20,000 sq. ft. professional office building for the CBE Group, Inc. expansion, a 13,500 sq. ft. Cedar Valley Medical Specialists professional building and a 6,000 sq. ft. building, as published in the Waterloo Courier on November 30, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120870 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 120871 - Greenwood/Cole that "Resolution approving said site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-834. 120872 - Gunderson/Schmitt that proof of publication of notice of public hearing on San Marnan Urban Renewal Development Plan Amendment No. 1-2004 to include the area in South Waterloo Business Park as shown on the Comprehensive Plan and to allow use of incentives for the CBE Group expansion at Tower Park, as published in the Waterloo Courier on November 30, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120873 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 120874 - Gunderson/Schmitt that "Resolution determining an area of the City to be an economic development area, and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the city; designating such area as appropriate for an Urban Renewal Project, and adopting Amendment No. 1 to the San Marnan Urban Renewal Development Plan", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-835. December 13, 2004 Page 4 Hearings - continued 120875 - Gunderson/Cole that "an Ordinance adopting Amendment No. 1-2004 to the San Marnan Urban Renewal Development Plan and amending Ordinance No. 4351 to provide that general property taxes levied and collected each year on all property located within the San Marnan Urban Renewal Development Plan Area of the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the amended San Marnan Urban Renewal Development Plan Area,", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 120876 - Gunderson/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 120877 - Gunderson/Cole that "an Ordinance adopting Amendment No. 1-2004 to the San Marnan Urban Renewal Development Plan and amending Ordinance No. 4351 to provide that general property taxes levied and collected each year on all property located within the San Marnan Urban Renewal Development Plan Area of the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the amended San Marnan Urban Renewal Development Plan Area", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4748. 120878 - Kincaid/Schmitt that proof of publication of notice of public hearing on Airport Area Urban Renewal and Development Plan Amendment No. 2-2004 to include the area along the Illinois Central Railroad down to Parker Street and additional land around the airport, and to allow tax rebates and incentives to be used for the redevelopment of the Shultz Manufacturing plant, as published in the Waterloo Courier on November 30, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120879 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 120880 - Kincaid/Cole that "Resolution determining an area of the City to be an economic development area, and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the city; designating such area as appropriate for an Urban Renewal Project; and adopting Amendment No. 2 to the Airport Area Urban Renewal and Development Plan", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-836. 120881 - Kincaid/Welper that "an Ordinance adopting Amendment No. 2-2004 to the Airport Area Urban Renewal and Development Plan and amending Ordinance No. 4069 to provide that general property taxes levied and collected each year on all property located within the Airport Area Urban Renewal and Development Plan Area of the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including • • December 13, 2004 • • Hearings - continued Page 5 bonds issued or to be issued, incurred by said city in connection with the amended Airport Area Urban Renewal and Development Plan Area", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 120882 - Kincaid/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 120883 - Kincaid/Cole that "an Ordinance adopting Amendment No. 2-2004 to the Airport Area Urban Renewal and Development Plan and amending Ordinance No. 4069 to provide that general property taxes levied and collected each year on all property located within the Airport Area Urban Renewal and Development Plan Area of the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the amended Airport Area Urban Renewal and Development Plan Area", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4749. REPORTS 120884 - Welper/Gunderson that communication from Waterloo Water Works General Manager transmitting Calendar Year 2005 Budget, be received, placed on file and "Resolution filing said Calendar Year 2005 Budget", be adopted and City Clerk instructed to file same with the Black Hawk County Auditor. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-837. DOCUMENTS 120885 - Cole/Schmitt that communication from Building Official/Maintenance Administrator transmitting agreement with Johnson Controls, Inc. at a cost of $15,347.00 in conjunction with first phase of mechanical system at Five Sullivan Brothers Convention Center to include valve automation and temperature controls of existing boilers, 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. 2004-838. 120886 - Cole/Schmitt that communication from Associate Engineer transmitting Professional Services Agreement with Earth Tech, Inc. at a cost of $17,700.00 in conjunction with F.Y. 2005 Biennial Bridge Inspections, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson stated the East Park Avenue Bridge was just inspected and reopened and asked if that bridge will be included in this inspection. Dennis Gentz, Assistant City Engineer, responded he did not know if the East Park Avenue Bridge will require inspection in 2005. Mayor Hurley reported that City Engineer Eric Thorson said the bridge would probably be re -inspected but not as detailed. 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. 2004-839. December 13, 2004 Page 6 Documents - continued 120887 - Cole/Schmitt that communication from Leisure Services Director transmitting an application with R.J. McElroy Trusts for a grant in the amount of $15,000.00 to be used for the Byrnes Park Tennis Center Improvements, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-840. 120888 - Cole/Schmitt that communication from Associate Planner transmitting request of Edward and Sandra McClure for tax exemptions on improvements totaling $71,268.00 for property located at 1027 Shultz Street in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-841. 120889 - Schmitt/Kincaid that communication from City Planner transmitting Preliminary Plat of Tower Park No. 3, together with Deed of Dedication and Certificate of Survey, be received, placed on file and "Resolution approving said preliminary plat", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson stated the council just approved a lot of incentives and a site plan amendment for the San Marnan area and asked what is happening with the U.S. Highway 20 Interchange. Don Temeyer, Community Planning & Development Director, responded the city is in the process of acquiring properties for the U.S. Highway 20/Ansborogh Avenue Interchange. Two homes will need to be purchased and some partial acquisitions. Mr. Temeyer stated he expects construction to start next spring and the completion date depends on the construction season. The city will let the project in spring or early summer, and with a good year, the interchange could open in one year. 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. 2004-842. 120890 - Schmitt/Kincaid that communication from City Planner transmitting Final Plat of Tower Park No. 3, together with Deed of Dedication and Certificate of Survey, be received, placed on file and "Resolution approving said final plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-843. 120891 - Schmitt/Kincaid that communication from General Manager of Waterloo Water Works transmitting Release of Real Estate Mortgage with Hartley L. Latterman, 8839 Hammond Avenue, for payment in full of Promissory Note and Mortgage in conjunction with the Kimball South Rural Water Main Project, be received, placed on file and "Resolution approving said release of real estate mortgage", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-844. 120892 - Schmitt/Kincaid that two-year Agreement with the Iowa Department of Economic Development for the purpose of continuing the Main Street Program in Waterloo, 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. 2004-845. • • December 13, 2004 • • RESOLUTIONS TO BE ADOPTED 120893 - Kincaid/Welper Page 7 that "Resolution in support of the Main Street Waterloo Program", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-846. 120894 - Kincaid/Welper that "Resolution extending original date of required construction of building to July 1, 2005 in conjunction with sale to Ronald Weber land generally located at the northwest corner of Highway 218 and West 11th Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-847. ORDINANCES TO BE ADOPTED 120895 - Welper/Kincaid that "an ordinance fixing the compensation of Mayor of the City of Waterloo, Iowa (no change to salary of $57,699 but housekeeping measure to reflect the Mayor's actual salary since 1997)", 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. Mayor Hurley reported that the ordinance is on tonight's agenda due to an audit finding. The auditor asked the council to take official action so there is an ordinance on file which sets out the annual salary received by persons serving as mayor. Mayor Hurley reported from 1994 - 1997, the mayor's salary was based on salary increases given to non -bargaining employees, and the Attorney General said we could not do that. Mayor Hurley reported the salaries for the mayors of Cedar Falls, Cedar Rapids and Council Bluffs. Councilperson Cole stated she feels the mayor's salary is ridiculously low. Councilperson Cole stated she knows taxpayers feel people who work for the city should work for nothing, but in the next three years she has left on the council she would like to see the mayor's salary reflect the scope of the job. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carri4d. 120896 - Welper/Kincaid that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 120897 - Welper/Kincaid that "an ordinance fixing the compensation of Mayor of the City of Waterloo, Iowa (no change to salary of $57,699 but housekeeping measure to reflect the Mayor's actual salary since 1997)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4750. NEW BUSINESS 120898 - Clark/Schmitt that communication from Contracts and Grants Coordinator transmitting request to convey a lot generally located at 334 Irving Street to Habitat for Humanity for the purpose of eradicating slum and blight and construction of affordable housing, be received, placed on file and "Resolution setting date of hearing as January 3, 2005 at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-848. December 13, 2004 Page 8 New Business - continued 120899 - Clark/Schmitt that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $268.80 for work performed by the Water Works at 4009 Homer Street, together with recommendation of approval of the Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-849. 120900 - Clark/Schmitt that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $181.83 for work performed by the Water Works at 916 Independence Avenue, together with recommendation of approval of the Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-850. 120901 - Greenwood/Kincaid to instruct Building Official/Maintenance Administrator to prepare plans, specifications, form of contract, etc. in conjunction with Men's Police Locker Room Remodel be received, placed on file and approved. Ayes: Seven. Motion carried. 120902 - Greenwood/Cole that plans, specifications, form of contract, etc. in conjunction with Men's Police Locker Room Remodel be received and placed on file. Ayes: Seven. Motion carried. 120903 - Greenwood/Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-851. 120904 - Greenwood/Cole that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as January 18, 2005 at 5:30 p.m. in the City Hall Council Chambers and taking bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-852. 120905 - Cole/Schmitt that communication from Superintendent of Traffic Operations transmitting request to install street light and pole a the intersection of Shaulis Road and West 4th Street and a street light on an existing pole at the intersection of Shaulis Road and Hoff Road and the intersection of Smith Street and Mohawk Street and rescinding Resolution No. 2004-798 in its entirety, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify MidAmerican Energy of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-853. 120906 - Cole/Schmitt that communication from Superintendent of Waste Management transmitting request to set date of hearing as December 20, 2004 on proposal received for the purchase of a new pump, be received, placed on file and "Resolution setting date of hearing as December 20, 2004 at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-854. December 13, 2004 • • New Business - continued 120907 - Cole/Schmitt Page 9 that communication from Superintendent of Waste Management transmitting request to set date of hearing as December 20, 2004 on proposal received to repair #5 raw sewage pump, be received, placed on file and "Resolution setting date of hearing as December 20, 2004 at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-855. ORAL PRESENTATIONS 120908 - Ryan Mattson, 3305 Parkridge, asked if the men's police locker room project on tonight's agenda is functional. Lou Cutwright, Building Official/Maintenance Administrator, responded the men's police locker room has not been remodeled in 30 years. The current lockers are 9" and look like lockers used by school children. Mr. Cutwright stated the equipment used by today's police officers requires more room. Councilperson Gunderson thanked Mr. Panaluna for his faith in the City of Waterloo and for bringing jobs to Waterloo. Councilperson Gunderson stated he appreciates Mr. Panaluna's confidence in Waterloo and what we can do for his company. Welper/Kincaid that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 120909 - Welper/Clark that the Council adjourn at 6:12 p.m, Ayes: Seven. Motion carried. Nancy E'kert, CMC City Clerk