AGENDA REGULAR MEETING OF THE NEVADA CITY COUNCIL MONDAY, MAY 13, 2013 – 6:00 P.M. NEVADA CITY HALL, COUNCIL CHAMBERS – 1209 6TH STREET
Notice to the Public: The Mayor and City Council welcome comments from the public during discussion on agenda items. If you wish to speak, please complete a card found on the podium near this agenda and hand it to the City Clerk before the meeting. When your name is called, please step to the podium, state your name for the record, and speak. The Mayor may limit each speaker to five minutes. The normal process on any particular agenda item is that the motion is placed on the floor, input is received from the audience, the Council is given an opportunity to comment on the issue or respond to the audience concerns, and the vote is taken. On ordinances, there is time provided for public input when recognized by the Chair. In consideration of all, if you have a cell phone, please turn it off or put it on silent ring.
1. Call the Meeting to Order
2. Roll Call
3. Approval of the Agenda
4. Appointment to Fill Mayor Vacancy
5. Swear In Appointee
6. Public Hearing(s)
A. Fiscal Year 2012/2013 Budget Amendment #1 1. Public Hearing 2. Resolution No. 082 (2012/2013): A Resolution Amending the Current Budget for the Fiscal Year Ending June 30, 2013
7. Approval of CONSENT AGENDA (Any item on the Consent Agenda may be removed for separate consideration.)
A. Approve Minutes of Regular Meetings held on April 8 and 22 and Special meeting held on April 29, 2013 B. Approve Payment of Cash Disbursements, including Check Numbers 55920-56034 (Inclusive) Totaling $1,045,265.79 (See attached list) C. Approve Renewal of Class “E” Liquor License, Class “B” Wine Permit, Class “C” Beer Permit and Sunday Sales Privileges for Kum & Go, LC d/b/a Kum & Go #396, 136 Lincoln Highway, Effective July 1, 2013 D. Approve Renewal of Class “C” Liquor License and Sunday Sales Permit for Keith Tillotson d/b/a/ Sports Bowl, 1229 12th Street, Effective June 3, 2013
E. Resolution No. 083 (2012/2013): A Resolution approving a Revision of the 28E Agreement establishing an Emergency Management Commission for Story County, Iowa. F. Approve Facility Use Agreement of Gates Memorial Hall with the Nevada Community School District for FY 2013/2014 School Year Activities and Authorizing the City Administrator to Execute G. Tax Abatements: 1. Permit # PL2012-46 1204 Lincolnway 2. Permit # BP2013-12 128 8th Street 3. Permit # BP2013-15 1406 M Avenue 4. Permit # BP2013-17 2025 Jashalita H. Approve Lien on Properties for Utility Debt: 1. 1819 7th Street, Acct #34098-17239, $82.09
8. PUBLIC FORUM: Time set aside for comments from the public on topics of City business other than those listed on the agenda – no action may be taken. (Please keep your comments to five minutes or less.)
A. NEDC Quarterly Report - LaVon Schiltz
9. OLD BUSINESS
A. Sale of Certain Property within the Amended Urban Renewal Area as specified 1. Review and Consideration of any qualifying competing bids 2. Resolution No. 084 (2012/2013): A Resolution approving and executing an amended development agreement with Van Houweling
B. Resolution No. 085 (2012/2013): A Resolution (1) Accepting and Approving the Preliminary and Final Plat of Airport Road Plat 6, Story County, Iowa and (2) Approving the Declaration of Restrictions and Covenants for Airport Road Plat 6
C. Resolution No. 086 (2012/2013): A Resolution to provide for a notice of hearing, set for June 24, 2013 at 6:00 p.m., on proposed plans, specifications, form of contract and estimate of cost for the Airport Road 6th Addition (West Industrial Park Expansion), taking of bids, and approval of contract and bid bond.
D. Resolution No. 087 (2012/2013): A Resolution to approve a Warranty Deed from Lincolnway Energy for property needed for construction of Service Control Building
E. Resolution No. 088 (2012/2013): A Resolution to approve a Warranty Deed from Lincolnway Energy for property needed for construction on 590th Street
F. Resolution No. 089 (2012/2013): A Resolution to approve Easement Agreements with Lincolnway Energy for Public Utility and Construction for Service Control Building and 590th & Lincoln Highway Improvements.
G. 2012 Storm & Footing Drain Collector Project, Ames Trenching - Pay Request No. 3 in the Amount of $89,300
10. NEW BUSINESS
A. Ordinance No. 975 (2012/2013): An Ordinance Amending the Code of Ordinance of the City of Nevada, Iowa, 2011, by Amending Provisions Pertaining to Water Rates (Chapter 92) and Sewer Use Charges (Chapter 99) – First Reading.
B. Resolution No. 090 (2012/2013): A Resolution approving a Professional Service Agreement with Clapsaddle-Garber Associates for Construction Survey for Lincoln Way & 590th Ave Intersection Improvements
C. Resolution No. 091 (2012/2013): A Resolution providing Notice of Intent to fill Council Vacancy by Appointment
D. Resolution No. 092 (2012/2013): A Resolution adopting and approving Tax Compliance Procedures Relating to Tax-Exempt Bonds
E. Approve Purchase of Zero Turn Mower for the Parks Department
F. Approve Purchase of Compact Utility Tractor for the Parks Department
G. Approve Neighborhood Improvement Incentive Program Application from Nile and Betty Beymer at 837 13th St in the amount of $3,617.39
11. REPORTS – City Administrator/Mayor/Council/Staff
A. NEDC – Andy Kelly
The agenda was posted on the official bulletin board on May 9, 2013, in compliance with the requirements of the open meetings law. Posted *************************************** Council Packet Memo May 13, 2013
6. PUBLIC HEARING A. Budget Amendment: Attached you shall find a City Budget Amendment state form, which must be filed each year with the Story County auditor by May 31st. Also enclosed is a spreadsheet of expense and revenue amendments per department and per item. Amendments are necessary when we refinance throughout the year, have increased revenues and expenses we were not originally expecting, and when we have exact costs for infrastructure and other capital improvement projects that were estimates in the original budget. Please call if you have any specific questions.
7. CONSENT AGENDA E. 28E Agreement with Story County Emergency Management (SCEM): Story County Emergency Manager Keith Morgan has provided a scanned copy of the 28E that was adopted by the SCEM Commission at their January meeting. In addition to the signature on the 28E, Keith needs a resolution of adoption from each jurisdiction for them to be able to file the 28E with the State of Iowa. Staff recommends approval of the attached draft resolution.
F. Facility Use Agreement of Gates Memorial Hall with the Nevada Community School District (NCSD): Attached you shall find a copy of the amended agreement of Gates Hall and the NCSD. The amendments are shown a bit lighter color than the rest of the agreement. The NCSD Board has approved the amendments and executed the agreement. The Park and Recreation board and staff recommend City Council approval.
8. PUBLIC FORUM A. NEDC Quarterly Update: NEDC’s Executive Director LaVon Schiltz will give her quarterly update on developments in Nevada.
9. OLD BUSINESS A. Sale of Certain Property within the Amended Urban Renewal Area as specified 1. Review and Consideration of any qualifying competing bids: Like a public hearing, this is the time set aside to allow for public input, comment, written correspondence to be presented, reviewed and considered that could compete with the sale of property to Van Houweling.
2. A Resolution Approving and Executing an Amended Development Agreement with Van Houweling: Attached you shall find a copy of an executed amended agreement for Council consideration. The amendments include the change of location and an addition of 4.40 acres, which Van Houweling will pay cash for at closing. Closing is scheduled for Tuesday, May 28th at 4:30 p.m. The City’s Bond Attorney and staff recommend approval.
B. A Resolution approving the Preliminary and Final Plat and Development Agreement of Airport Road Plat 6: Attached you shall find a memo and plat maps from Building and Zoning Official Shawn Cole, whereby the Planning and Zoning Commission recommend approval of the Preliminary and Final Plat of Airport Road Plat 6th in order to serve Ryerson’s/Van Wall. Staff and HRG also recommend approval.
C. A Resolution to provide for a notice of hearing, set for June 24, 2013 at 6:00 p.m., on proposed plans, specifications, form of contract and estimate of cost for the Airport Road Plat 6 (West Industrial Park Expansion to serve Ryerson’s/Van Wall), taking of bids, and approval of contract and bid bond. Attached you shall find the plans for the West Industrial Park Expansion Project, which were prepared by HR Green Company. Staff has reviewed and approved the plans. Also, attached you shall find a resolution asking City Council to review the plans and set the public hearing to approve the plans, specifications and bid documents for June 24, 2013.
D. A Resolution approving the Warranty Deed from Lincolnway Energy for property needed for the Interconnection Project/Service Control Building: Attached you shall find an executed Warranty Deed from Lincolnway Energy and a copy of a resolution approving the warranty deed which will allow the City to construct the interconnection with CIWA and a service control building so the city has controls via modulating valves on our water source to serve Lincolnway Energy and DuPont.
E. A Resolution approving the Warranty Deed from Lincolnway Energy for property needed for the construction of street improvements on Lincoln Highway and 590th Street: Attached you shall find an executed Warranty Deed from Lincolnway Energy and a copy of a resolution approving the warranty deed which will allow the City to construct street improvements at Lincoln Highway and 590th Street to serve DuPont.
F. A Resolution to approve a ROW and Easements Agreement with Lincoln Way Energy for the Interconnection Project/Service Control Building and for street improvements on Lincoln Highway and 590th Street: Attached are executed Temporary Construction Easements, a Public Storm Sewer Easements, and a Utility Easement from Lincolnway Energy and a copy of a resolution approving the Easements in order to construct the interconnection with CIWA and a service control building and to construct street improvements at Lincoln Highway and 590th Street.
G. 2012 Storm and Footing Drain Collector Project – Ames Trenching: Pay Request No. 3 in the amount of $89,300: Ames Trenching submitted an application/pay request for payment for this project. Last fall Ames trenching installed intakes. They have completing the installation of the collector lines. Currently, Shawn Cole and Ames Trenching will investigate those properties that wish to participate in the cost-share program to get their sump pump lines connected. Shawn has inspected the work and recommends holding 5% retainage until the individual property owner’s connections are made and submitting payment of the remaining amount of $89,300.
10. NEW BUSINESS A. First Reading of Ordinance Pertaining to Water Rates (Chapter 92) and Sewer Rates (Chapter 99): Tanya Miller from HRG Company will be on speaker phone to summarize the attached copy of the Technical Memorandum: A City of Nevada Water and Sewer Rate Study. Staff and HRG recommend increasing water and sewer rates accordingly in order to continue the necessary equipment replacement, infrastructure improvements and maintenance. A copy of the report was also provided to Burke Corporation.
B. A Resolution approving Agreement with Cladsaddle-Garber Associates (CGA) for Construction Survey and Staking for Lincoln Highway and 590th Street Improvements: HRG offered survey and staking services until just a couple years ago, hence the need to contract for these services. Staff and HRG recommend approval. Mark Crawford from CGA will be in attendance to answer any questions.
C. A Resolution Providing Notice of Intent to Fill Council Vacancy by Appointment: At the April 22nd City Council meeting, the Council approved the proposed timeline for the anticipated appointment of Council Ward 2 vacancy:
May 13, 2013 Appoint Andy Kelly to Mayor Vacancy May 13, 2013 Resolution for Intent to appoint Council Ward 2 Vacancy (Kelly seat) May 16, 2013 City Clerk publish Ad in Nevada Journal requesting applications for Ward 2 May 23, 2013 City Clerk publish Notice of Council Intent to Appoint Council Vacancy (no more than 20 days before appointment) May 31, 2013 Take applications through May 31st June 6, 2013 Committee to meet to review applications for recommendation to council June 10, 2013 Appoint Vacant Ward 2 seat (Kelly seat)
D. A Resolution approving Tax Compliance Procedures relating to Tax Exempt Bonds: Our Bond Attorney has alerted us to new IRS regulations, which require the City to adopt these procedures in connection with the issuance of Tax Exempt Bonds. A copy of the procedures is attached. Our Bond Attorney from Dorsey & Whitney and staff recommend approval.
E. Approve purchase of Zero Turn Mower for the Parks Department: Attached you shall find a prepared action form, which provides history, options and a staff recommendation. Staff recommends approving the bid from Ryerson’s in an amount not to exceed $10,603.15, which includes an extended warranty coverage for an additional 2 years, up to 2000 hours.
E. Approve purchase of Compact Utility Tractor for the Parks Department: Attached you shall find a prepared action form, which provides history, options and a staff recommendation. Staff recommends approving the bid from Ryerson’s at a cost of $41,755.00 or $14,519.52/year for 3 years + $1.00 buy-out at the end of the 3rd year, plus extended warranty ($676.50).
F. Approve Neighborhood Improvement Incentive Program (NIIP) application: Attached you shall find a prepared action form, which provides history, options and a staff recommendation. Also, attached you will see a copy of the completed grant application prepared by Nile and Betty Beymer of 837 13th Street. Staff recommends approval of the grant reimbursement award in the amount of $3,617.39. Nile and Betty Beymer will be in attendance to answer any questions.