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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