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HomeMy WebLinkAboutMinutes-10/03/2005• • October 3, 2005 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, October 3, 2005. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Eric Thorson, City Engineer 122386 - Welper/Kincaid that the Agenda, as proposed, for the Regular Session on Monday, October 3, 2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 122387 - Welper/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, September 26, 2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation declaring October 2005 as Domestic Violence Awareness Month. CONSENT AGENDA 122388 - 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. 1-66, dated October 3, 2005, in the amount of $1,850,680.64, 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. 2005-891. 2. Communication from City Engineer transmitting request of Charles L. Angel for a waiver for an asphalt driveway to be located at 2144 Cardinal Drive, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2005-892. 3. Communication from City Engineer transmitting request of Harshida J. Kothari, Rev. Trust for a waiver for a concrete driveway to be located at 3416 Doral Drive, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2005-893. b. Motion -to approve the following: 1. Christopher Leach and Jason Verbraken, Rehabilitation Specialists, to attend IAHO Fall Conference Certification and Recertification Courses in Waterloo, Iowa on October 5-7, 2005, with costs not to exceed $250.00 each, including use of city vehicle. 2. Joseph Chapman, Brice Lippert, Phillip Lowery and Ryan Muhlenbruch, Police Officers, to attend Field Training Officer Certification in Appleton, Wisconsin on October 9-14, 2005, with costs not to exceed $3,551.20, including use of city vehicle. 3. Kent Shankle, Cultural & Arts Curator, to travel to Milwaukee, Wisconsin to pick up exhibition on October 8-9, 2005, with costs not to exceed $520.00, including use of city vehicle. 4. Larry Richtsmeier, Franklin County Sheriff, to attend MOCIC 25th Annual Conference and Training Session in Lake Ozark, Missouri on September 26- 29, 2005, with costs not to exceed $1,006.00. 5. Shiloh Mork, Webster City Police Sergeant, to attend MOCIC 25th Annual Conference and Training Session in Lake Ozark, Missouri on September 26- 29, 2005, with costs not to exceed $646.17. 6. Tim Junker, Butler County Sheriff, to attend MOCIC 25th Annual Conference and Training Session in Lake Ozark, Missouri on September 26-30, 2005, with costs not to exceed $1,012,71. October 3, 2005 Consent Agenda continued 7. Mark S. Kissinger, Cresco Police Chief, to attend MOCIC 25th Annual Conference and Training Session in Lake Ozark, Missouri on September 27- 29, 2005, with costs not to exceed $802.20. Page 2 8. Russell R. Stocker, Osage Police Chief, and Luke Irvin, Police Officer, to attend MOCIC 25th Annual Conference and Training Session in Lake Ozark, Missouri on September 26-30, 2005, with costs not to exceed $1,279.90. 9. Mark Grinhaug, Howard County Sheriff, and Morris Miner, Chief Deputy, to attend MOCIC 25th Annual Conference and Training Session in Lake Ozark, Missouri on September 27-30, 2005, with costs not to exceed $1,448.02. 10.Cammie Scully, Cultural & Arts Director, to attend Iowa Museum Association Conference/DM & Great Places Conference in Des Moines/Iowa City, Iowa on October 9-12, 2005, with costs not to exceed $555.00. 11.Jason Hernandez, Medical Officer, to attend Annual IEMSA Conference in Des Moines, Iowa on November 10-12, 2005, with costs not to exceed $400.00. c. Beer/Wine License Permit Application Special Class C Doughy Joey's Peetza Joynt, 300 West 4th Street (Renewal) (Expires 10/8/06) (Includes Sunday Sales) d. Beer License Permit Application Class C Kwik Trip, 506 West 9th Street (Renewal) (Expires 11/18/06) (Includes Sunday Sales) Citgo, 515 Broadway (New Owner) (Expires 10/04/06) (Includes Sunday Sales) e. Beer/Liquor License Permit Application Class C Z's Restaurant & Lounge, 3937 W. Airline Highway (Renewal) (Expires 10/31/06) The Brown Bottle, 209 West 5th Street (Renewal) (Expires 10/21/06) (Includes Sunday Sales) f. Wine License Permit Application Class B Citgo, 515 Broadway (New Owner) (Expires 10/04/06) (Includes Sunday Sales) g• Going Out of Business Sale Application Aunt Ethel's Treasures, 919 & 923 West 5th Street (60 days) h. Cigarette/Tobacco Permit License Application Citgo, 515 Broadway i. Bonds. Ayes: Seven. Motion carried. UNFINISHED BUSINESS 122389 - Gunderson/Welper that communication from Superintendent of Waste Management Services transmitting recommendation of award of contract in the amount of $109,453.00 to Municipal Pipe & Tool of Hudson, Iowa in conjunction with Purchase of Sewer Maintenance Flusher Truck for Waste Management Services Department, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-894. PETITIONS FROM PUBLIC 122390 - Schmitt/Clark that communication from City Planner transmitting request of Waterloo Regional Airport for a minor site plan amendment to the "M -2,P" Planned Industrial District to allow installation of 11' tall fencing, be received, placed on file and "Resolution approving said minor site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-895. • • October 3, 2005 • • Petitions from Public continued 122391 - Kincaid/Schmitt Page 3 that communication from City Planner transmitting request of Operation Threshold to sell and convey property generally located at 335 Bates Street, be received, placed on file and "Resolution setting date of hearing as October 17, 2005 at 5:30 p.m. in the City Hall Council Chambers on 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. 2005-896. DOCUMENTS 122392 - Clark/Gunderson that communication from Associate Engineer transmitting Change Order No. 1 for a net increase in the amount of $1,416.50 for work performed by B&B Builders & Supply of Waterloo, Iowa in conjunction with F.Y. 2006 Sidewalk Repair Block Grant Program - Zone 5, Contract No. 690, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. 122393 - Clark/Gunderson that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by B&B Builders & Supply of Waterloo, Iowa at a total cost of $6,605.70 in conjunction with F.Y. 2006 Sidewalk Repair Block Grant Program - Zone 5, Contract No. 690, be received, placed on file and "Resolution approving said documents", be adopted and two- year Maintenance Bond be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-897. 122394 - Clark/Gunderson that communication from Community Planning & Development Director transmitting application with Iowa Department of Economic Development for FY06 Brownfield Redevelopment grant in the amount of $250,000.00 to be used for the Brownfield Redevelopment Area, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-898. 122395 - Clark/Gunderson that communication from Associate Planner transmitting request of Angie Smock for tax exemptions totaling $15,000.00 for 730 Kirkwood Avenue located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-899. 122396 - Cole/Schmitt that communication from Associate Planner transmitting request of Joyce Burger for tax exemptions totaling $12,000.00 for 244 McKay Avenue located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-900. 122397 - Cole/Schmitt that communication from Community Planning & Development Director transmitting Professional Services Agreement with Main Street Waterloo at a total cost of $30,000.00 to provide technical and professional services in Conjunction with redevelopment of downtown Waterloo, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-901. October 3, 2005 Documents continued 122398 - Cole/Schmitt Page 4 that communication from City Clerk transmitting application with Iowa Department of Transportation to place signs within State Highway Right of Way to allow Five Star Snow Trails Association to place snowmobile trail signs on city right-of- way, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-902. 122399 - Cole/Schmitt that communication from Police Chief transmitting a COPS Secure our Schools grant in the amount of $262,395.00 from the U.S. Department of Justice, Office of Community Oriented Policing Services to be used by the Waterloo School District for safety equipment and/or safety programs, be received, placed on file and "Resolution approving said grant", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Tom Jennings, Police Chief, reported the grant is for security and security equipment for the Waterloo Schools, and it will allow them to enhance cameras, better doors and locks. Following comments a vote was taken on the above motion with following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-903. RESOLUTIONS TO BE ADOPTED 122400 - Schmitt/Clark that "Resolution accepting and approving a Quit Claim Deed for property located at 642 West Donald Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-904. 122401 - Gunderson/Welper that "Resolution authorizing certification to property taxes certain unpaid demolition costs", be adopted and City Clerk instructed to notify the Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-905. 122402 - Welper/Clark that "Resolution canceling council meeting of November 28, 2005 due to the Thanksgiving Holiday and council meeting of December 26, 2005 due to the Christmas Holiday", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-906. 122403 - Kincaid/Cole that "Resolution designating $31,080.00 city match for construction of a trail head to serve the recreational trail along Martin Luther King Drive at the intersection of Idaho Street, with total estimated project cost of $81,080.00", be adopted. Prior to a vote on the above motion, the following comments were heard. Paul Huting, Leisure Services Director, reported this is an area off Martin Luther King Drive which we have already designated as a trailhead and it has an existing cut in the paved driveway. There are eight parking stalls, a picnic shelter, bike racks and some lighting. Mr. Huting stated it should be a very nice facility, and there are no other trailheads in this area. Mr. Huting stated it is hoped to construct the trailhead in the next construction season. Councilperson Kincaid stated there are a lot of residents who use Martin Luther King Jr. Drive to walk up and down to get exercise. Councilperson Kincaid stated this is a great enhancement to this area and shows we are trying to develop the area, and there are better and more things to come. • • October 3, 2005 • • Page 5 Resolution to be Adopted continued 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. 2005-907. NEW BUSINESS 122404 - Greenwood/Welper to instruct Contracts and Grants Coordinator to prepare plans, specifications, form of contract, etc. in conjunction with Asbestos Removal of Structures Connected With Riverfront Development Project, Contract No. 123 -AR -10-17-05 EDA, be received, placed on file and approved. Ayes: Seven. Motion carried. 122405 - Greenwood/Cole that plans, specifications, form of contract, etc. in conjunction with Asbestos Removal of Structures Connected With Riverfront Development Project, Contract No. 123 -AR -10-17-05 EDA, be received and placed on file. Ayes: Seven. Motion carried. 122406 - Greenwood/Cole that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-908. 122407 - Greenwood/Cole that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as October 17, 2005 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-909. ORAL PRESENTATIONS 122408 - Mike LaCoste, 236 Lichty Boulevard, asked the mayor and council to block any more development in the Lichty Park area on A -B Avenue. Mr. LaCoste asked the city government to do a better job of asking questions in regards to new development in the city and review current policies and standards and make necessary changes to those new residential developments. Mr. LaCoste asked for meetings that would include Planning and Zoning, City Council, the developer and the taxpayers in the neighborhood to investigate and question the developer's building intentions. Mr. LaCoste asked if the developed area is going to be a positive image to the neighborhood and the city of Waterloo. Mr. LaCoste asked what constitutes a qualified developer, and he does not feel the developer in this situation is qualified. Mr. LaCoste asked how do you allow homes to be built without having the infrastructure done first, such as roads, water, sewer and utilities. Mr. LaCoste asked the council to take a drive by 4316 Ansborough Avenue and ask themselves if this is the type of dwelling they would want moving into their neighborhood. Mr. LaCoste stated this fiasco is a prime example of having the cart ahead of the horse. Mr. LaCoste stated that as a taxpayer he is disappointed with the leadership personnel that let this development happens. Mr. LaCoste stated he feels this all happened because of the buyout of this property on Ansborough Avenue for the new interchange, and that basically the city rolled out the red carpet for this exchange. Mr. LaCoste stated this individual purchased the property for $48,000.00, the city or state paid the individual $265,000.00 and the taxpayers are going to move the house into his neighborhood at a cost of $65,000.00, and he also sold three lots for $140,000.00. Mr. LaCoste stated there is a half million dollar house that was put in there and on the north end there is a trailer house and now the red house is going to be moved in. Mr. LaCoste asked if anything was going to be done and why wasn't this investigated properly. Mayor Hurley stated that he and Councilperson Greenwood were out to visit Mr. LaCoste a few weeks ago, but he doesn't feel this is the forut t to discuss all Mr. LaCoste's questions and points and he is very award of where Mr. LaCoste stands. Mr. LaCoste asked why are we putting a private drive by a city park with a gravel road. Mr. LaCoste stated the individual built the house in about four weeks, but he doesn't have any sewer or water. Mayor Hurley responded the individual followed all the process and did it legally and didn't just park a home out there. Mr. LaCoste stated this would never happen in Audubon Park. October 3, 2005 Oral Presentations continued Don Temeyer, Community Planning and Development Director, stated everything done on this project has been before the Planning Commission publicly with proper notice and before the city council publicly with proper notice. Mr. Temeyer stated all the projects going out there are very legal and similar to other projects. Mr. LaCoste asked if we are setting a precedent and Mr. Temeyer responded he did not think so. Mr. LaCoste asked the council to drive by this residence. Page 6 Forest Dillavou, 1725 Huntington Road, stated he watched last week's meeting and observed the mayor and council giving themselves a raise, and he says they gave themselves a raise because they don't have any competition. Mr. Dillavou stated the raise was tied to what will be a percentage base increase which is costly to the taxpayers. Mr. Dillavou stated the mayor's salary will start at $66,000.00 this year, and at the end of 10 years he will be getting $88,698.00 using a 3 percent figure, which is a net increase of $22,698.00. Mr. Dillavou stated he took his social security and applied 3 percent and he went to $15,217.00, which is a net increase of $6,000.00. Mr. Dillavou stated as the council does the budget and gives pay increases, it has been mentioned there are several department heads who are paid more than the mayor. Mr. Dillavou stated if the council does the same to the department heads and gives them 3 percent pay increases, the mayor's salary increased about $2,000.00 per year and toward the end it was about $2,500.00 increase per year, we will be doing the same thing to the top paid people in city government and also the people in the bargaining units. Mr. Dillavou stated percentage pay increases are very costly to the taxpayers, and he would rather see the city use a formula and give each one the same amount of increase rather than a percentage as he feels it is unfair to the taxpayers. Pat Langan, 908 Sheridan Road, stated he is the homeowner Mr. LaCoste referred to on A -B Avenue. Mr. Langan stated they had their home up in two weeks this summer as they were fortunate to have competent contractors. Mr. Langan stated the problem he has it went backwards because he still does not have a street or water, and that makes it very difficult to finish the project. Mr. Langan stated it seems to him that consistency across the city in terms of development is necessary and it wasn't followed. Mr. Langan stated the infrastructure for Maynard's development was in before those homeowners began the process, and that every time it rains the contractors have difficulty getting in and out. Mr. Langan stated he is concerned that the road is going in permanently, and he understood from conversations with the developer that gravel would be permitted, and he understood there would be consistency with the surrounding streets all being done, all being blacktopped and now we are going to permanent gravel out there. Mr. Langan stated if he had know some of these things he would have proceeded differently. Mr. Langan asked what would prevent an investor from buying a $50,000.00 lot and taking a home he/she already owns and moving it from one part of town, maybe moving a home they paid $18,000.00 or $20,000.00 to a $50,000.00 lot. Mr. Temeyer responded he is not an attorney, but he thinks that would be allowed unless there is deed restrictions because state law prohibits the city from creating standards that restricts manufactured housing on city lots. Mr. Langan asked if there would be discussions with the surrounding neighbors. Mr. Temeyer stated again that is a legal question, but he is not aware of that. Eric Thorson, City Engineer, stated it is his understanding that the road will be chip sealed. It is a private street so the property owner can do what they want. Councilperson Gunderson asked how we could make this a city street. Mr. Thorson responded they would have to meet all the standards the city requires for a public street. Councilperson Schmitt asked if that would be the same for the sanitary sewer, and Mr. Thorson replied yes, but this sanitary sewer would be public for a short distance. Councilperson Clark asked if the city could put restrictions on development on private property so that they have to have to meet certain criteria such as having hard surfaced streets, sewer and water before any development. Mr. Temeyer responded we have zoning requirements and what the State of Iowa allows us to do. Mr. Temeyer stated any restrictions the city puts on we would have to put it on every house in town. We would have to put together a process, and bring every house before the council for approval. Jim Walsh, City Attorney, stated under the zoning we presently have, there is nothing that would require someone to put a street on private property. Mr. Walsh stated there probably is a way we could force people to put city standard roads on their private streets, but he would be very hesitate to'do that because people aren't going to like to do that. Mr. Walsh stated there is a difference between a developed subdivision which is platted and approved and gone through the process than someone who wants to live out in the county and wants to have something that is not developed and what has happened here they got what they saw. • • October 3, 2005 • • Page 7 Oral Presentations continued Mr. Walsh stated there may have been a disconnect between the developer and the gentlemen who just spoke in terms of what they are going to end up with, but it certainly wasn't the city because we don't do that. Mr. Walsh stated there are standards that apply to city streets and that is why they are expensive, that is why lots in developed subdivisions are more expensive than lots out in the country. Mr. Walsh stated city streets have to meet our standards because we have to maintain them. Councilperson Clark stated that the council received correspondence from the residents on Highway 63 north regarding an issue that the postal service is going to discontinue some home deliveries up there. Councilperson Clark stated he just wanted to acknowledge that the letter was just received today and the city is now aware of the situation and is going to try to address it and it does need our attention. Mayor Hurley stated we will see if we can at least stall things until we can find alternatives. Welper/Kincaid that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 122409 - Welper/Kincaid that the Council adjourn to Executive Session at 6:10 Motion carried. EXECUTIVE SESSION p.m. Ayes: Seven. City Attorney Jim Walsh stated that discussion of acquisition of properties located within the block bounded by East 8th Street, East 9th Street, Sycamore Street and Lafayette Street as part of the Eastside Housing Project and property located at 93-97 Vinton Street is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(j)(2003). 122410 - Welper/Schmitt that the Council adjourn Executive Session at 6:31 p.m. Ayes: Seven. Motion carried. 122411 - Schmitt/Clark that staff be authorized to proceed with negotiations. Ayes: Seven. Motion carried. ADJOURNMENT 122412 - Gunderson/Welper that the Council adjourn at 6:32 p.m. Ayes: Seven. Motion carried. `')'\ Nancy Ec rt, CMC City Clerk