HomeMy WebLinkAboutMinutes-06/14/2004June 14, 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, June 14, 2004. Mayor Timothy J.
Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson,
Welper.
Moment of Silence.
Pledge of Allegiance: Councilperson Reggie Schmitt.
Rudy Jones, Community Development Director, reported that the City of Waterloo Community
Development Board was awarded a $2.1 million grant to address lead poison prevention and
home rehabilitation in Waterloo. They need more contractors involved in the program in
order to fulfill the grant requirements. Contractors, roofers, siders and window
installers are needed immediately to be a partner in the Housing Rehabilitation Program.
Special Lead Hazard Certified Training and other technical assistance will be provided at
no cost to contractors who qualify. If interested, contact Waterloo Community
Development at 319-291-4429.
119993 - Welper/Gunderson
that the Agenda, as amended to delete Item Nos. 5 and 17, for the Regular
Session on Monday, June 14, 2004, at 5:30 p.m., be accepted and approved.
Ayes: Seven. Motion carried.
119994 - Welper/Gunderson
that the Minutes, as proposed, for the Regular Session on Monday, June 7, 2004,
at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
Mayor Hurley read a proclamation declaring the week of June 13, 2004, as United
States Army Week and June 14, 2004, as United States Army's 229th birthday.
CONSENT AGENDA
119995 - Welper/Kincaid
that 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. 1-91, dated June 14, 2004, in
the amount of $2,414,847.10, 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. 2004-371.
b. Motion to approve the following:
1. Kerry Devine, Police Sergeant; Steve Crozier and Keith Rogers, Police
Officers; to attend Urban Potential Seminar in Waterloo, Iowa, on June
9, 2004, with costs not to exceed $396.00.
2. Robert Duncan, Police Officer, to attend Practical Homicide Course in
Lawrence, Kansas, on July 11-14, 2004, with costs not to exceed
$965.00, including use of city vehicle.
3. Valerie Heiberger, Rehabilitation Secretary; Christopher Leach,
Rehabilitation Specialist; and Leslie Grundy, Neighborhood Services
Secretary, to attend Urban Potential Seminar in Waterloo, Iowa, on
June 24, 2004, with costs not to exceed $585.00, including use of city
vehicle.
4. Perry Goodman, Neighborhood Services Coordinator; Louis Starks,
Contracts and Grants Coordinator; and Jason Verbraken, Rehabilitation
Specialist, to attend Urban Potential Seminar in Waterloo, Iowa, on
July 1, 2004, with costs not to exceed $585.00, including use of city
vehicle.
June 14, 2004
CONSENT AGENDA CONTINUED
c. Beer License Permit Application
Class C
Kwik Star, 707 Broadway Street
Sunday Sales)
Kwik Star, 1105 Cedar Bend Street
Sunday Sales)
Kwik Star, 1214 Franklin
Sunday Sales)
Kwik Star, 324 Fletcher
Sunday Sales)
Street
(Renewal)
(Renewal)
(Renewal)
Avenue (Renewal)
d. Liquor License Permit Application
Class A
El Mecca Shrine Club, 716 Commercial Street
(Includes Sunday Sales)
e. Beer/Liquor License Permit Application
Class C
Buck's Broken Antler, 910 West 5th Street
Sunday Sales)
(Expires
(Expires
(Expires
(Expires
7/21/05)
7/21/05)
7/21/05)
7/21/05)
(Renewal) (Expires
Page 2
(Includes
(Includes
(Includes
(Includes
6/20/05)
(New) (Expires 6/15/05) (Includes
f. Fireworks Display Application
Waterloo Jaycees Fireworks Festival, 100 block East 4th Street and 100
block East 5th Street on July 3, 2004
g -
Bonds.
Ayes: Seven, with Councilperson Clark abstaining on Item le. Motion carried.
HEARINGS
119996 - Kincaid/Welper
that proof of publication of notice of public hearing on Amendment No.
Rath Urban Renewal and Redevelopment Plan to include the area near
Street Bridge, which includes the CMC site, as published in the
Courier on May 28, 2004, be received and placed on file. Ayes: Seven
carried.
1 to the
the 18th
Waterloo
Motion
119997 - 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.
119998 - Welper/Cole
that "Resolution determining an area of the city to be a blighted and 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 Rath Urban Renewal and Redevelopment Plan", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-372.
119999 - Kincaid/Cole
that "an Ordinance adopting Amendment No. 1 to the Rath Urban Renewal and
Redevelopment Plan and amending Ordinance No. 3749 to provide that general
property taxes levied and collected each year on all property located within
the Rath Urban Renewal and Redevelopment 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 Rath
Urban Renewal and Redevelopment Area", be received, placed on file, considered
and passed for the first time. Ayes: Seven. Motion carried.
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June 14, 2004
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HEARINGS CONTINUED
120000 - Welper/Cole
Page 3
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
120001 - Kincaid/Welper
that "an Ordinance adopting Amendment No. 1 to the Rath Urban Renewal and
Redevelopment Plan and amending Ordinance No. 3749 to provide that general
property taxes levied and collected each year on all property located within
the Rath Urban Renewal and Redevelopment 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 Rath
Urban Renewal and Redevelopment Area", be considered and passed for the second
and third times and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4697.
PETITIONS FROM PUBLIC
120002 - Schmitt/Cole
that communication from City Planner transmitting request to rezone from "A-1"
Agricultural District to "R-3" Multiple Residence District with conditions, "R-
3" Multiple Residence District to "R-3" Multiple Residence District with
conditions, and "R-3" Multiple Residence District to "R-1" One & Two Family
Residence District property generally located north of Audubon Park Fifth
Addition for the purpose of single and multi -family housing developments,
together with recommendation of Planning, Programming and Zoning Commission, be
received, placed on file and "Resolution setting date of hearing as July 6,
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 of Mayor assigned No. 2004-373.
DOCUMENTS
120003 - Welper/Kincaid
that communication from Community Development Director transmitting contract
with Iowa Department of Economic Development (IDED) for Emergency Shelter Grant
Program (ESGP) funds in the amount of $115,789.00 to be distributed to five
local homeless service providers, 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. 2004-374.
120004 - Welper/Kincaid
that communication from City Planner transmitting an Encroachment Agreement
with Willie and Kristi Keller to use a portion of a drainage easement located
on the rear of property at 1621 Lark Lane for addition to garage, together with
recommendation of denial of Planning, Programming and Zoning Commission, 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.
Councilperson Gunderson stated he noticed no permit was taken out for the work
and asked if the Kellers are going to move the garage. Don Temeyer, Community
Planning and Development Director, responded if the council denies the
encroachment agreement, they will have to remove the addition to the garage.
Mr. Temeyer reported that the Planning, Programming and Zoning Commission
recommended denial of the request. Noel Anderson, City Planner, reported that
a ten foot addition was added to the garage, and if council denies the request
the Kellers would have to remove the ten foot addition. Mr. Anderson stated if
the agreement is approved by council, the Kellers would be allowed to keep the
10 foot addition and the city would not be liable for any damage.
Forest Dillavou, 1725 Huntington Road, stated that this area already has a lot
of drainage problems and asked the council to deny the request.
June 14, 2004
Page 4
DOCUMENTS CONTINUED
Following comments a vote was taken on the above motion with the following
result. Ayes: None. Nays: Kincaid, Cole, Greenwood, Clark, Schmitt,
Gunderson, Welper. Motion failed.
120005 - Welper/Kincaid
that communication from Community Planning and Development Director
transmitting Release of Real Estate Mortgage with Advanced Computer Engineering
Solutions, Inc., 229 E. Park Avenue, for payment of Loan #RED -46 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. 2004-375.
120006 - Gunderson/Schmitt
that communication from Airport Director transmitting Change Order No. 5 for a
net increase in the amount of $6,645.00 for work to be performed by Burns &
McDonnell of Kansas City, Missouri, in conjunction with Waterloo Regional
Airport Terminal Renovation, be received, placed on file and approved and Mayor
authorized to execute same. Ayes: Seven. Motion carried.
120007 - Gunderson/Schmitt
that communication from Airport Director transmitting Change Order No. 9 for a
net increase in the amount of $229,994.00 for work to be performed by Peters
Construction Company of Waterloo, Iowa, in conjunction with Waterloo Regional
Airport Terminal Renovation, be received, placed on file and approved and Mayor
authorized to execute same. Ayes: Seven. Motion carried.
RESOLUTIONS TO BE ADOPTED
120008 - Schmitt/Gunderson
that "Resolution naming a private street generally located north of E. Donald
Street and east of Niles Street as Bedard Drive", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-376.
120009 - Gunderson/Welper
that communication from Human Resources Manager transmitting 3.5 percent salary
increase for non -bargaining employees effective July 1, 2004, and contribution
of $1,000.00 into a Voluntary Employees Beneficiary Association for each full-
time non -bargaining employee payable January 1, 2005, be received, placed on
file and "Resolution approving said salary increase", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-377.
120010 - Greenwood/Schmitt
that "Resolution appointing Wells Fargo Bank National Association of Des
Moines, Iowa, to serve as Paying Agent, Bond Registrar and Transfer Agent and
approving the Paying Agent and Bond Registrar and Transfer Agent Agreement in
conjunction with $9,745,000 General Obligation Bonds, Series 2004A", be adopted
and Mayor and City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-378.
120011 - Gunderson/Cole
that Tax Exemption Certificate for $9,745,000 General Obligation Bonds, Series
2004A, be received, placed on file and approved and Mayor and City Clerk
authorized to execute same. Ayes: Seven. Motion carried.
120012 - Schmitt/Cole
that Continuing Disclosure Certificate for $9,745,000 General Obligation Bonds,
Series 2004A, be received, placed on file and approved. Ayes: Seven. Motion
carried.
120013 - Gunderson/Greenwood
that "Resolution authorizing and providing for issuance of $9,745,000 General
Obligation Bonds, Series 2004A, and levying a tax to pay said bonds", be
adopted. Ayes: Seven.
Resolution adopt.nd upon approval by Mayor ass' d No. 2004-379.
•
•
June 14, 2004
RESOLUTIONS TO BE ADOPTED CONTINUED
Page 5
120014 - Greenwood/Cole
that "Resolution appointing Wells Fargo Bank National Association of Des
Moines, Iowa, to serve as Paying Agent, Bond Registrar and Transfer Agent and
approving the Paying Agent and Bond Registrar and Transfer Agent Agreement in
conjunction with $3,825,000 General Obligation Bonds, Taxable Series 20048", be
adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-380.
120015 - Schmitt/Gunderson
that "Resolution authorizing and providing for issuance of $3,825,000 General
Obligation Bonds, Taxable Series 2004B, and levying a tax to pay said bonds",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2004-381.
ORDINANCES TO BE ADOPTED
120016 - Cole/Greenwood
that "an Ordinance amending the 2001 Code of Ordinances of the City of
Waterloo, Iowa, by amending Section 7-5B05, Notice to Property Owners, to
change the days allowed for abatement by the property owner from five days to
ten days", be received, placed on filed, considered and passed for the first
time. Ayes: Seven. Motion carried.
120017 - Greenwood/Cole
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
120018 - Schmitt/Greenwood
that "an Ordinance amending the 2001 Code of Ordinances of the City of
Waterloo, Iowa, by amending Section 7-5B05, Notice to Property Owners, to change
the days allowed for abatement by the property owner from five days to ten
days", be considered and passed for the second and third times and adopted.
Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4698.
120019 - Greenwood/Schmitt
that "an Ordinance amending the 2001 Code of Ordinances of the City of
Waterloo, Iowa, by amending Section 8 -3A -2A.2 to increase quarterly sewer fee
for private well customers to $53.83 per quarter", be received, placed on
filed, considered and passed for the first time. Ayes: Seven. Motion
carried.
120020 - Greenwood/Kincaid
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
120021 - Gunderson/Greenwood
that "an Ordinance amending the 2001 Code of Ordinances of the City of
Waterloo, Iowa, by amending Section 8 -3A -2A.2 to increase quarterly sewer fee
for private well customers to $53.83 per quarter", be considered and passed for
the second and third times and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4699.
NEW BUSINESS
120022 - Welper/Kincaid
that communication from City Planner transmitting request of Tower Park
Partnership to rescind the portion of an agreement requiring Tower Park
Partnership to repay the city for development of the Tower Park Office Complex,
including sanitary sewer improvements, storm sewer improvements, water, Dry Run
Creek improvements, holding pond construction and RISE grant roads, be
received, placed on file and "Resolution approving said request", be adopted.
June 14, 2004
NEW BUSINESS CONTINUED
Prior to a vote on the above motion, the following comments were heard.
Page 6
Councilperson Greenwood stated he agrees that the agreement was put in place at
a different time of economic development where the city paid for improvements
and everyone agreed to pay back the cost for the improvements, but he does not
feel good about rescinding an agreement approved by others.
Councilperson Clark agreed with Councilperson Greenwood and stated he
understands things were done differently in the past, and if there were a plan
in front of the council, he would look at it differently.
Jerry Shatzer, 1829 West 7th Street, stated that five people called him very
upset that the city gave $2 million to guys in California when the city
rescinded the Greyhound Drive agreement. Mr. Shatzer asked if there were a
legal paper the city could give to the realtors that could be used when a
developer is interested in the land, indicating the council would approve
rescinding that portion of the agreement. Mr. Shatzer stated that giving away
$1 million of taxpayers' money does not make sense to him.
Councilperson Schmitt stated that in the Greyhound Park agreement, the city
made $1 million in improvements betting the area would bring development.
After the road was constructed, John Deere cut back and Rath closed. The
improvements were paid with bonds that have been paid off.
Councilperson Welper agreed with Councilperson Schmitt on what took place on
Greyhound Drive twenty years ago. Councilperson Welper stated he would like to
see development in Tower Park and additional tax money rather than wait another
twenty years and nothing happens.
Councilperson Clark stated he is not opposed to rescinding the agreement but is
opposed to having no plan in front of him.
Mayor Hurley stated that there is no plan because the economic leverage is
hanging over the property. Mayor Hurley stated we would like to have the same
incentives as Cedar Falls Industrial Park.
Following comments a vote was taken on the above motion with the following
result. Ayes: Five. Nays: Greenwood, Clark.
Resolution adopted and upon approval by Mayor assigned No. 2004-382.
ORAL PRESENTATIONS
120023 - Jerry Shatzer, 1829 West 7th Street, thanked Councilperson Gunderson for issuing
cameras at stop lights as he thinks it is important. Mr. Shatzer stated he
could think of four people today who wished we had vision cameras. Mr. Shatzer
stated he understands the cameras are very expensive and suggested the city
look at having the cameras to use during confrontations. They could be used
for outside and inside observation of any problems. Mr. Shatzer spoke about
the increase in price of gas and commented that we should not get excited about
the recent lower cost as it will go back up. Mr. Shatzer stated he feels we
have good Police and Fire Departments, and during the last flood he was hoping
to see something in the Courier about them and was hoping they would follow a
sewer or water employee, but there was nothing in the paper. Mr. Shatzer
stated he feels it is important that these employees are recognized and would
like to have seen them in a float for the My Waterloo Days.
Mayor Hurley stated that all 525+ employees deserve a proper round of thanks
for what they do every day.
Sandie Greco, Superintendent of Traffic Operations, reported that the city has
made no commitment concerning the cameras. Councilperson Gunderson noted that
there probably are some legal issues that need to be reviewed before the city
moves forward with the cameras.
Welper/Schmitt
that oral comments be received and placed on file and the Council adjourn at
6:13 p.m. Ayes: Seven. Motion carried.
`AkG-4'-`15-
Nancy Eckert, CMC
City Clerk
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