HomeMy WebLinkAboutMinutes-06/28/2004•
• •
June 28, 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 28, 2004. Mayor Timothy J.
Hurley in the Chair. Roll Call: Kincaid, Greenwood, Clark, Schmitt, Gunderson, Welper.
Absent: Cole.
Moment of Silence.
Pledge of Allegiance: Councilperson Ron Welper.
120053 - Welper/Gunderson
that the Agenda, as amended, for the Regular Session on Monday, June 28, 2004,
at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion
carried.
120054 Welper/Kincaid
that the Minutes, as proposed, for the Regular Session on Monday, June 21,
2004, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole.
Motion carried.
Presentation by Missy Warrick of the Muscular Dystrophy Association in
appreciation of City of Waterloo and Waterloo Fire Rescue's support of Fill -
the -Boot fundraising event.
CONSENT AGENDA
120055 - 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. 1-131, dated June 28, 2004,
in the amount of $3,226,871.25, 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. 2004-405.
2. Resolution approving communication from Police Chief transmitting
request of Main Street Waterloo to hold Midwest Folkfest on August 6,
2004, from 5:00 p.m. to 10:00 p.m. and August 7, 2004, from 11:00 a.m.
to 10:00 p.m. at Veteran's Memorial Park; 4th Street from Water to
Commercial Streets; Courier parking lot on West 4th Street; Paramount
Park; and Cedar Street from Park Avenue to West 5th Street.
Resolution adopted and upon approval by Mayor assigned No. 2004-406.
b. Motion to approve the following:
1. Communication from Mayor Hurley transmitting recommendation of
appointment of the following to the Board of Electrical Examiners and
Appeals: Gary Sieben and Derrick Carter, with term expiration date
of November 1, 2005; and Roger Fisher, with term expiration date of
November 1, 2006.
2. Communication from Mayor Hurley transmitting recommendation of
appointment of Peggy Eherenman to the ADA Compliance Commission, with
term expiration date of February 1, 2006.
3. John Kehoe, Electrical Inspector, to attend Western Section IAEI
meeting in West Des Moines, Iowa, on September 19-22, 2004, with costs
not to exceed $660.00, plus gas.
c. Beer/Liquor License Permit Application
Class C
Knights of Columbus Council 700, 1955 Locke Avenue (Renewal) (Expires
6/30/05) (Includes Sunday Sales)
Light House Lounge, 1307 West 5th Street (Renewal) (Expires 6/28/05)
Park Road Inn, 306 Park Road (Renewal) (Expires 6/30/05) (Includes
Sunday Sales)
Randy's Tap, 307 West 4th Street (Renewal) (Expires 7/24/05) (Includes
Sunday Sales)
i
June 28, 2004
CONSENT AGENDA CONTINUED
d. Beer License Permit Application
Class C
All Stop, 51 E. Tower Park Drive
Sunday Sales)
Osco Drug Store, 2060 Crossroads
(Includes Sunday Sales)
Prime Mart, 3535 Marigold Drive
Sunday Sales)
e. Wine License Permit Application
Class B
Osco Drug Store, 2060 Crossroads
(Includes Sunday Sales)
Prime Mart, 3535 Marigold Drive (Renewal)
Sunday Sales)
Page 2
(Renewal) (Expires 8/6/05) (Includes
Blvd (Renewal) (Expires 7/24/05)
(Renewal) (Expires 8/8/05) (Includes
Blvd (Renewal) (Expires 7/24/05)
f. Beer License Permit Application
Class B
American Golf Course, 1575 W. Big Rock
(Includes Sunday Sales)
g•
Liquor License Permit Application
Class E
Osco Drug Store, 2060 Crossroads
(Includes Sunday Sales)
(Expires 8/8/05) (Includes
Road (Renewal) (Expires 6/30/05)
Blvd (Renewal) (Expires 7/24/05)
h. Outdoor Service Area
Narey's 19th Hole, 2073 Logan Avenue on 7/24/04
American Golf Course, 1575 W. Big Rock Road
i. Bonds
Ayes: Six. Absent: Cole. Motion carried.
HEARINGS AND BIDS
120056 - Gunderson/Kincaid
that proof of publication of notice of public
Window Replacement and Lighting for City Hall,
Courier on June 22, 2004, be received and placed
Cole. Motion carried.
hearing on Homeland
as published in the
on file. Ayes: Six.
Security
Waterloo
Absent:
120057 - 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: Six. Absent: Cole. Motion carried.
120058 - Gunderson/Schmitt
that "Resolution confirming approval of plans, specifications, form of
contract, etc. in conjunction with Homeland Security Window Replacement and
Lighting for City Hall", be adopted. Ayes: Six. Absent: Cole.
Resolution adopted and upon approval by Mayor assigned No. 2004-407.
120059 - Gunderson/Schmitt
that "Resolution authorizing to proceed in conjunction with above project", be
adopted. Ayes: Six. Absent: Cole.
Resolution adopted and upon approval by Mayor assigned No. 2004-408.
120060 - Gunderson/Kincaid
to receive, file and instruct City Clerk to open and read bids and refer to
Building Official/Maintenance Administrator for review:
Bidder
Lindgren Glass Products,
Waterloo, IA
Forman Ford Glass Co.,
Cedar Rapids, IA
Restoration Services, Inc.,
Waterloo, IA
Allen Glass Co. Inc.,
Waterloo, IA
Bid
Bond Base Amount Alternate 1 Alternate 2
5% $66,225.00 $78,581.00 No Bid
5% ' $33,730.00 $34,120.00 No Bid
5% No Bid No Bid $17,770.00
No Bid No Bid No Bid
Ayes: Six. Abse Cole. Motion carried.
•
•
June 28, 2004
• •
PETITIONS FROM PUBLIC
120061 - Greenwood/Kincaid
Page 3
that communication from City Planner transmitting request of Dwayne Eilers to
vacate, sell and convey for $50.00 an alley generally located south of Lot 20
and north of Lot 19 in Roth Park Camp, together with recommendation of approval
of the Planning, Programming and Zoning Commission, be received, placed on file
and "Resolution setting date of hearing as July 26, 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: Six. Absent: Cole.
Resolution adopted and upon approval of Mayor assigned No. 2004-409.
REPORTS
120062 - Welper/Gunderson
that communication from Chief Financial Officer transmitting City of Waterloo
Comprehensive Annual Financial Report for Fiscal Year Ending June 30, 2003, be
received and placed on file. Ayes: Six. Absent: Cole. Motion carried.
DOCUMENTS
120063 - Schmitt/Kincaid
that communication from City Planner transmitting request of NCN Limited to
approve application with Iowa Department of Economic Development for Enterprise
Zone certification for the former Winterbottom Building located at 25 Westfield
Avenue be received, placed on file and "Resolution approving said request", be
adopted. Ayes: Six. Absent: Cole.
Resolution adopted and upon approval by Mayor assigned No. 2004-410.
120064 - Kincaid/Schmitt
that communication from City Engineer transmitting Change Order No. 2 for a net
decrease in the amount of $25,047.00 for work to be performed by Peterson
Contractors, Inc. of Reinbeck, Iowa, in conjunction with F.Y. 2004 18th Street
Bridge and Approach Roadway, BRM -8155(650)-8N-07, Contract No. 622, be
received, placed on file and approved and Mayor authorized to execute same.
Ayes: Six. Absent: Cole. Motion carried.
120065 - Greenwood/Kincaid
that communication from Community Planning & Development Director transmitting
agreement with Waterloo Development Corporation to purchase Priority One
Automotive property located at 220 Jefferson Street for $240,000.00, plus
appraisal fee of $1,500.00, with the city to purchase the property from
Waterloo Development Corporation in two years, with the unpaid balance drawing
interest rate of 4.5 percent, be received, placed on file and "Resolution
approving said Purchase Agreement", be adopted and Mayor authorized to execute
same. Ayes: Six. Absent: Cole.
Resolution adopted and upon approval by Mayor assigned No. 2004-411.
120066 - Welper/Schmitt
that communication from City Planner transmitting Development Agreement with
Chuck Orr to redevelop the Haffa Building at 220-224 East 4th Street, with the
city guaranteeing $100,000.00 of a $500,000.00 loan, granting seven years tax
rebates at 100 percent and requiring Minimum Assessment of $260,000.00, be
received, placed on file and "Resolution approving said Development 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.
Noel Anderson, City Planner, distributed copies of a revised agreement with
Chuck Orr with a new minimum assessment of $260,000.00. The Black Hawk County
Assessor believes this is the amount the property will be worth. Mr. Anderson
stated that the current value of the property is $64,220.00, and Mr. Orr would
guarantee a minimum assessed value of $260,000.00 when completed.
Chuck Orr stated that he hopes to start the project as soon as the loan
agreement is completed with Community National Bank. Community National Bank
will receive tax credits for the project under the New Market Tax Credit
program.
June 28, 2004
DOCUMENTS CONTINUED
Page 4
Terry Poe-Buschkamp, Director of Main Street Waterloo, reported that Waterloo
is the only city in Iowa receiving this tax credit and one of only six cities
in the country using the tax credits. Main Street is one of the few offered
the opportunity to use this program with our banks for risky projects. The New
Market Tax Credit Program is endorsed and supported by the National Trust for
Historic Preservation. This is a pilot program for the trust. Main Street
Waterloo is involved at the federal level.
Councilperson Clark applauded Mr. Orr for this project. Councilperson Clark
stated he does have some concerns and also understands this is a big deal. We
need to fix up the downtown, and the city needs to support those who are
willing to take this risk. Councilperson Clark stated he wanted people to
understand this won't open up the floodgates for just everyone as this request
is a special case. Councilperson Clark stated this is an exceptional case for
the city to approve this.
Mr. Orr reported that this is the first of two phases. The second phase will
involve property located at the corner of 4th and Lafayette Streets. The Fowler
Building is recognized as an historic building in the downtown. Mr. Orr stated
he hopes to get approval by the end of the summer and begin that project.
Following comments a vote was taken on the above motion with the following
result. Ayes: Six. Absent: Cole.
Resolution adopted and upon approval by Mayor assigned No. 2004-412.
120067 - Schmitt/Greenwood
that communication from Chief Financial Officer transmitting one-year extension
of audit contract with Hogan -Hansen, A Professional Corporation, for the fiscal
year ending June 30, 2004, be received, placed on file and "Resolution
approving said contract extension", be adopted. Ayes: Six. Absent: Cole.
Resolution adopted and upon approval by Mayor assigned No. 2004-413.
RESOLUTIONS TO BE ADOPTED
120068 - Clark/Schmitt
that "Resolution directing advertisement for sale of $11,640,000.00 Sewer
Revenue Refunding Bonds, Series 2004A, and $9,595,000.00 Sewer Revenue
Refunding Bonds, Taxable Series 2004B, as July 8, 2004 at 4:00 p.m. and
approving electronic bidding procedures", be adopted and City Clerk instructed
to publish notice of same. Ayes: Six. Absent: Cole.
Resolution adopted and upon approval by Mayor assigned No. 2004-414.
120069 - Clark/Schmitt
that communication from City Planner transmitting request of Qwest to dedicate
easement at Bontrager Park and easement at Miriam Park for purpose of locating
ASAM 52B cabinets to provide DSL service throughout the city be received,
placed on file and "Resolution approving said request", be adopted. Ayes:
Six. Absent: Cole.
Resolution adopted and upon approval by Mayor assigned No. 2004-415.
120070 - Clark/Schmitt
that communication from Chief Financial Officer transmitting request for
authorization to transfer $4,891,000.00 from Trust and Agency Fund to General
Fund; transfer $51,480.00 from General Fund to Debt Service Fund; transfer
$1,000,000.00 from Tax Increment Fund to Debt Service Fund; transfer
$993,135.21 from Sewer Fund to Debt Service Fund; transfer $280,952.81 from
General Fund to Vision Iowa Projects Fund; transfer $541,311.50 from Local
Option Tax Fund to Rath Area Redevelopment Fund be received, placed on file and
"Resolution approving said transfers", be adopted. Ayes: Six. Absent: Cole.
Resolution adopted and upon approval by Mayor assigned No. 2004-416.
120071 - Clark/Schmitt
that communication from Chief Financial Officer transmitting request for
authorization to reallocate $25,000.00 Rath TIF District bond funds to Logan
Avenue TIF District and $45,000.00 Rath TIF District bond funds to Martin Road
TIF District be received, placed on file and "Resolution approving said
reallocations", be adopted. Ayes: Six. Absent: Cole.
Resolution adopted upon approval by Mayor assi. No. 2004-417.
a
June 28, 2004
• •
ORDINANCES TO BE ADOPTED
120072 - Schmitt/Kincaid
that "an Ordinance amending the 2001 Code of Ordinance of the City of
Iowa, to update the current 1997 Life Safety and Uniform Fire Code to
International and Life Safety Code 101 Fire Code", be received, placed
considered and passed for the first time. Ayes: Six. Absent: Cole
carried.
120073 - Gunderson/Schmitt
Page 5
Waterloo,
the 2003
on file,
. Motion
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Cole. Motion carried.
120074 - Gunderson/Schmitt
that "an Ordinance amending the 2001 Code of Ordinance of the City of Waterloo,
Iowa, to update the current 1997 Life Safety and Uniform Fire Code to the 2003
International and Life Safety Code 101 Fire Code", be considered and passed for
the third time and adopted. Ayes: Six. Absent: Cole.
Ordinance adopted and upon approval by Mayor assigned No. 4700.
ORAL PRESENTATIONS
120075 - Merritt Terrell, 1046 Independence Avenue, stated he addressed the council
earlier about his son shooting a deer at Crane Creek. Mr. Terrell brought the
arrow used by his son and said the DNR could use the blood from the arrow. Mr.
Terrell stated he heard that someone has stolen the deer, but he had nothing to
do with that. The deer was shot by his son and they called it a "fair game
chase" and picked the deer up in their truck just off Dunkerton while he and
his son were tracking the deer. Mr. Terrell stated he hopes his heart is
ripped out just like his son's. Mr. Terrell presented an ideal to Mayor Hurley
called the "Wurley/Twirley/Hurley" Dam, an idea for the 4th Street dam.
Chuck Orr, 616 Sycamore Street, thanked the council and all the employees in
the city who helped him put his project together. Mr. Orr stated in 1995 he
made the commitment to live downtown and help with revitalization of the
downtown. Mr. Orr commended Mayor Hurley and city staff for all their work.
Welper/Gunderson
that the above oral comments be received and placed on file. Ayes: Six.
Absent: Cole. Motion carried.
ADJOURNMENT
120076 - Gunderson/Schmitt
that the Council adjourn at 6:06 p.m. Ayes: Six. Absent: Cole. Motion
carried.
Nancy Ackert, CMC
City Clerk