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HomeMy WebLinkAboutMinutes-11/22/2004• • November 22, 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, November 22, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: John Kincaid, Councilperson 120807 - Welper/Kincaid that the Agenda, as amended for Item Nos. 9, 10 and 14, for the Regular Session on Monday, November 22, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 120808 - Welper/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, November 15, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley performed the Swearing -In of Firefighter Steven Carey. Mayor Hurley recognized Logan Middle School Eighth Grade Adventure Team Class and their teacher, Verotta Johnson, for their "Take Back Its Community" Project. CONSENT AGENDA 120809 - 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. 1-54, dated November 22, 2004, in the amount of $3,698,370.96, 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. 2004-803. 2. Communication from City Engineer transmitting request of Michael Maxson for a waiver for an asphalt driveway to be located at 4146 Chico Drive, together with recommendation for approval, be received, placed on file and "Resolution approving said request", be adopted. Resolution adopted and upon approval by Mayor assigned No. 2004-804. b. Motion to approve the following: 1. Marilyn Arsem, Visiting Performer to Center For The Arts, to travel to Waterloo, Iowa on September 30 - October 3, 2004, with costs not to exceed $150.00. 2. Communication from Superintendent of Streets transmitting recommendation of appointment of Michael Skillings, Mark Spaulding, Matthew Schafer, Patricia Quail, Robert Hertges and James Jansen to the position of Equipment Operator I, effective November 23, 2004. c. Beer/Liquor License Permit Application Class C Carlos O'Kelly's Mexican Cafe, 1331 Flammang Drive (Renewal) (Expires 12/30/05) (Includes Sunday Sales) Mexi Kelly, 209 Jefferson Street (New) (Expires 11/23/05) (Includes Sunday Sales) d. Beer License Permit Application Class C Jet Fuel, 2100 Lafayette Street (New) (Expires 11/23/05) (Includes Sunday Sales) e. Cigarette Permit Application Jet Fuel, 2100 Lafayette Street Ayes: Seven. Motion carried. November 22, 2004 HEARINGS AND BIDS 120810 - Gunderson/Schmitt Page 2 that proof of publication of notice of public hearing on Fire Rescue Training Center Basement Remodel, as published in the Waterloo Courier on November 8, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120811 - 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. 120812 - Gunderson/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Fire Rescue Training Center Basement Remodel", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-805. 120813 - Gunderson/Schmitt that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-806. 120814 - Gunderson/Welper to receive, file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review: Bidder Bid Bond Bid Amount Paul Christensen, Cedar Falls, IA 5% $30,947.00 Ayes: Seven. Motion carried. UNFINISHED BUSINESS 120815 - Cole/Gunderson that the award of contract to Altorfer, Inc. of Cedar Falls, Iowa in the amount of $77,282.00, as approved on November 15, 2004, for the Purchase of an End Loader be reconsidered. Ayes: Seven. Motion carried. 120816 - Cole/Greenwood that award of bid in the amount of $78,600.00 to Murphy Tractor of Waterloo, Iowa and acceptance of donation from Raycom Communications in the amount of $1,318.00 for the purchase of an End Loader and rescinding Resolution No. 2004- 788 in its entirety, be received, placed on file, and "Resolution approving award of said contract to Murphy Tractor", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-807. Mayor Hurley thanked Raycom Communications and Dale Woods, Manager of KWWL, for their donation as corporate citizens and community members. Mayor Hurley stated that the donation from Raycom Communications is not why this was reconsidered as the council had already decided to look at this bid again. Mayor Hurley stated that everyone who contacted his office and council members concerning this item were in favor of what the council did tonight. November 22, 2004 • • PETITIONS FROM PUBLIC 120817 - Schmitt/Gunderson Page 3 that communication from City Planner transmitting request of Schenk Engineering on behalf of Lockard Companies for a site plan amendment to the "C -Z" Conditional Zoning District for property generally located south of the existing Tower Park office complex for development of a 20,000 square foot professional office building for the CBE Group, Inc expansion, a 13,500 square foot Cedar Valley Medical Specialist professional building and a 6,000 square foot building, be received, placed on file and "Resolution setting date of hearing as December 13, 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. 2004-808. REPORTS 120818 - Welper/Greenwood that communication from Chief Financial Officer transmitting Fiscal Year 2004 Annual Financial Report, be received, placed on file and "Resolution approving said report", be adopted, and City Clerk authorized to file with State Auditor. Prior to a vote on the above motion, the following comments were heard. Michelle Weidner, Chief Financial Officer, reported that this report is prepared on a budgetary basis and does not include all accrual conversion, which will be included in our June 30, 2004 audit report. Ms. Weidner reported that all funds, except the sewer fund, saw some amount of fund increase. The General Fund showed an increase due to various grants received by the city. Ms. Weidner stated that she believes the city will see an increase in the undesignated/unreserved funds. 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. 2004-809. DOCUMENTS 120819 - Clark/Schmitt that communication from Community Development Director transmitting an application for FY06 Housing Funds through the Iowa Department of Economic Development (IDED) in the amount of $200,000.00, with no required match, to provide Gap financing for affordable housing projects in the Brownfields area and Consolidated Urban Revitalization Area, be received, placed on file, and "Resolution approving said application", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood asked if the city has had any prior type of Gap financing. Don Temeyer, Community Planning & Development Director, responded that the city does Gap funding through the HOME program, which has been in place for a number of years. The program is run through Operation Threshold and has helped between 200 and 300 homeowners. 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. 2004-810. 120820 - Clark/Schmitt that communication from City Planner transmitting Permanent Easement Agreement with the Heartland Vineyard Church for existing sewer lines for property generally located just off Katoski Drive north of Huntington Road be received, placed on file, and "Resolution approving said agreement", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-811. November 22, 2004 Documents - continued 120821 - Clark/Schmitt Page 4 that communication from City Planner transmitting request to submit incentive program applications to the State of Iowa for the CBE Group expansion project generally located on the southerly side of the Tower Park Office Complex, including the addition of 240 new jobs and a new $3.2 million office building, be received, placed on file and "Resolution approving said applications", be adopted, and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-812. RESOLUTIONS TO BE ADOPTED 120822 - Gunderson/Welper that "Resolution fixing date of hearing as December 13, 2004 at 5:30 p.m. at the City Hall Council Chambers on the issuance of not to exceed $740,000.00 General Obligation Bonds for an Essential Corporate Purpose to pay costs of planning and carrying out Urban Renewal Plans for the San Marnan Urban Renewal Area, including costs associated with funding of an economic development grant to Penaluna Enterprises, LLC", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-813. ORDINANCES TO BE ADOPTED 120823 - Greenwood/Gunderson that "an Ordinance amending the 2001 Code of Ordinance of the City of Waterloo, Iowa, by repealing Section 9-2B-2, False Alarms, of Article B, Alarm Systems, of Chapter 2, Fire Prevention and Protection, of Title 9, Building Regulations; and enacting in lieu thereof new Section 9-2B-2, False Alarms, of Article B, Alarm Systems, of Chapter 2, Fire Prevention and Protection, of Title 9, Building Regulations (language change and increase penalty fees $25 per occurrence)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 120824 - Greenwood/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 120825 - Greenwood/Cole that "an Ordinance amending the 2001 Code of Ordinance of the City of Waterloo, Iowa, by repealing Section 9-2B-2, False Alarms, of Article B, Alarm Systems, of Chapter 2, Fire Prevention and Protection, of Title 9, Building Regulations; and enacting in lieu thereof new Section 9-2B-2, False Alarms, of Article B, Alarm Systems, of Chapter 2, Fire Prevention and Protection, of Title 9, Building Regulations (language change and increase penalty fees $25 per occurrence)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4746. NEW BUSINESS 120826 - Schmitt/Cole that communication from City Planning & Development Director transmitting Airport Area Urban Renewal and Development Plan Amendment No. 2-2004 to include area along Illinois Central Railroad down to Parker Street and additional land around the airport and allow tax rebates and incentives to be used for redevelopment of the Shultz Manufacturing plant, be received, placed on file and "Resolution setting date of hearing as December 13, 2004 at 5:30 p.m. in the City Hall Council Chambers on the above described Development Plan, Amendment No. 2", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-814. • November 22, 2004 New Business - continued 120827 - Welper/Cole Page 5 that communication from City Planning & Development Director transmitting San Marnan Urban Renewal Development Plan Amendment No. 1-2004 to include area in South Waterloo Business Park and allow for the use of incentives for the CBE Group, Inc. expansion at Tower Park, be received, placed on file and "Resolution setting date of hearing as December 13, 2004 at 5:30 p.m. in the City Hall Council Chambers on the above described Development Plan Amendment No. 1", be adopted and City Clerk instructed to,publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-815. 120828 - Clark/Gunderson that communication from City Planner transmitting Development Agreement with CBE Group, Inc. to develop 20,000 sq. ft. professional office building on approximately 6.0 acre site generally located south of the existing Tower Park office complex, with a minimum taxable value of $3,200,000.00 and grant from the city in the amount of $738,549.00 for land purchase, be received, placed on file and "Resolution setting date of hearing as December 13, 2004 at 5:30 p.m. in the City Hall Council Chambers on the above described Development Agreement", be adopted and City Clerk instructed to publish notice of same. Prior to a vote on the above motion, the following comments were heard. Don Temeyer, Community Planning & Development Director, reported that the council is setting a date of public hearing on CBE Group, Inc.'s plan for expansion of a 20,000 sq. ft. professional office building and hiring approximately 240 employees. Mr. Temeyer reported that they are working with the State of Iowa for RISE funding and with the Iowa Department of Economic Development. The applications need to be sent to the State for their December meeting. Mr. Temeyer reported that CBE, Group, Inc. is proceeding with design of the project. The city will need to amend the San Marnan Urban Renewal and Development Plan to include land located south of the existing Tower Park area. 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. 2004-816. ORAL PRESENTATIONS 120829 - James Robison, 1555 Newell Street, stated he asked Mayor Hurley to respond to his questions asked at the two previous council meetings. Mr. Robison reported he received a call from the Mayor's secretary on Friday that a letter was ready for him to pick up. Mr. Robison stated he went to the Clerk's office to pick up the letter, read the letter and spoke to a city employee and before he could open his mouth, Ms. Eckert said this is the wrong place to discuss council business, and she hollered at him and asked him to leave. Mr. Robison stated there was a police officer standing there, and Ms. Weems happened to walk up and witnessed the whole thing. Mr. Robison stated that Ms. Eckert said it was a personal conversation between him and Ms. Ellis, and she can't perceive what he said. Mr. Robison stated Ms. Eckert got mad and hollered at him. Mr. Robison stated that Ms. Weems said she spoke to Mayor Hurley and Chief Tom Jennings, and the officer said he was not talking loud. Mr. Robison stated if the officer heard anyone get loud, it was Ms. Eckert when she told him to get out. Mr. Robison stated he wants to file a complaint. Mr. Robison stated he has known Ms. Ellis all his life, and it would be wrong for him to pass by her and not even speak. Mr. Robison stated he wants Ms. Eckert disciplined. Mayor Hurley responded if Mr. Robison would like to file a complaint he can register his complaint and direct it to him. Forest Dillavou, 1725 Huntington Road, stated he owns rental property at 648 Evergreen and one renter was moving out and another renter was moving in. Mr. Dillavou stated that at the request of the renter the Waterloo Water Works came to read the meter. Mr. Dillavou stated the Water Works damaged equipment, and it will cost approximately $1,100.00 to replace it. Mr. Dillavou stated the renter asked the service man not to turn it off and urged the service man to contact him. Consequently, it will cost a large amount of money to repair. Mr. Dillavou stated the employee has made three trips, which could have been merged into one trip and saved him the expense. Mr. Dillavou reported that his tenant sent a letter to the Water Works explaining how he tried to stop the employee. November 22, 2004 Page 6 Oral Presentations - continued Welper/Kincaid that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 120830 - Welper/Gunderson that the Council adjourn at 6:11 p.m. Ayes: Seven. Motion carried. Ok.AL,17 N'ncy E ert, CMC City Clerk