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HomeMy WebLinkAboutMinutes-12/04/2006December 4, 2006 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, December 4, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Schmitt. Absent: Cole. Moment of Silence. Pledge of Allegiance: Garrett Bunge, Troop 1 -St Edwards School. 124567 - Schmitt/Kincaid that the Agenda, as proposed, for the Regular Session on Monday, December 4, 2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. 124568 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, November 20, 2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. CONSENT AGENDA 124569 - Schmitt/Welper 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. 1-89, dated December 4, 2006, in the amount of $2,281,392.63, 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. 2006-1036. 2. Communication from Police Chief transmitting request of Main Street Waterloo to hold Downtown Lights The Night event on December 9, 2007 starting at 6:05 p.m., with fireworks display over the Cedar River between 4th and 5th Street bridges. Resolution adopted and upon approval by Mayor assigned No. 2006-1037. b. Motion to approve the following: 1. Cammie Scully, Director; and Kent Shankle, Curator, to travel to NYC, Rhode Island, and Boston on December 11-19, 2006, with costs not to exceed $3,210.00, including use of city vehicle. c. Wine License Permit Application Class B Stop N Save, 2100 Lafayette (Renewal) (Expires 1/5/08) (Includes Sunday Sales) Prime Mart, 1008 LaPorte (Renewal) (Expires 11/22/07) (Includes Sunday Sales) d. Beer License Permit Application Class C Stop N Save, 2100 Lafayette (Renewal) (Expires 1/5/08) (Includes Sunday Sales) Hy -Vee, 2221 Logan Avenue (Renewal) (Expires 1/2/08) (Includes Sunday Sales) Prime Mart, 1008 LaPorte (Renewal) (Expires 11/22/07) (Includes Sunday Sales) e. Beer/Liquor License Permit Application Class C Diamond Bar, 313 West 5th Street (Renewal) (Expires 12/30/07) (Includes Sunday Sales) Joan's 9'er, 929 West 5th Street (Renewal) (Expires 11/30/07) (Includes Sunday Sales) f. Secondhand Goods Dealers License Application Game Crazy, 1511 E. San Marnan Drive December 4, 2006 Page 2 Consent Agenda continued g. Cigarette/Tobacco Permit Application Fam's Harris Family 523 Logan Avenue Ayes: Six. Absent: Cole. Motion carried. HEARINGS & BIDS 124570 - Greenwood/Schmitt that proof of publication of notice of Boulevard Extension, Contract No. 717, as November 22, 2006, be received and placed Motion carried: 124571 - This being the time and place of public and oral objections and there were none. Greenwood/Schmitt that the hearing be closed. Ayes: Six. Absent: 124572 Greenwood/Schmitt public hearing on F.Y. 2007 Midport published in the Waterloo Courier on on file. Ayes: Six. Absent: Cole. hearing, the Mayor called for written Cole. Motion carried. that "Resolution confirm approval of plans, specifications, form etc. in conjunction with F.Y. 2007 Midport Boulevard Extension, 717", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned 124573 - Greenwood/Schmitt that "Resolution ordering construction in conjunction be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor 124574 Greenwood/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Cunningham Construction, Inc., Cedar Falls, IA Vieth Construction Corp., Cedar Falls, IA of contract, Contract No. No. 2006-1038. with above said project", assigned No. 2006-1039. Bid Bond 5% 5% Cedar Valley Corp., Waterloo, IA 5% Peterson Contractors, Inc., Reinbeck, IA 5% Ayes: Six. Absent: Cole. Motion carried. 124575 - Schmitt/Kincaid Bid Amount $333,783.70 $340,636.00 $341,380.86 $325,763.93 to receive, file and instruct City Clerk to open and read bids in conjunction with General Obligation Bond Demolition Project, Contract No. 145 -D -GO -11-17-06 and refer to Contracts and Grants Coordinator for review: Bidder Matt Construction, Waterloo, IA Lehman Trucking & Excavating, Waterloo, IA Bergman Bros., Fredericka, IA Kayser Plumbing & Heating, Waterloo, IA Ayes: Six. Absent: Cole. Motion carried. Bid Bond 5% 5% $1,323.02 $1,289.15 Bid Amount $39,000.00 $24,025.00 $26,460.41 $25,783.00 December 4, 2006 HEARINGS 124576 - Gunderson/Welper Page 3 that proof of publication of notice of public hearing on request of James H. Slife to sell and convey property generally located between West 4th and West 5th Streets, north of Bluff Street for $1.00 and rescinding Resolution No. 2006-284 in its entirety, as published in the Waterloo Courier on November 24, 2006, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124577 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Steve Mager inquired what is going to be the use of the Bluff Street property. Mayor Hurley responded this is the location of Pioneer Graphics. There have been a series of resolutions with them for conveyance of this property. There was a Scribner's error in the legal description of the lots in the previous resolution transferring this property to them, so we are rescinding the previous resolution and rewording it. Gunderson/Kincaid that the hearing be closed and oral comments be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124578 Gunderson/Kincaid that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1040. 124579 - Gunderson/Welper that proof of publication of notice of public hearing on request of Carl and Susan Spathe for a development agreement to sell and convey for $1.00 city -owned property generally located in the 200 block of Mullan Avenue for construction of a commercial building with an estimated value of $45,000.00, as published in the Waterloo Courier on November 17, 2006, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124580 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Kincaid that the hearing be closed. Ayes: Six. Absent: Cole. Motion carried. 124581 - Gunderson/Welper that "Resolution approving said development agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1041. 124582 - Gunderson/Welper that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1042. 124583 - Gunderson/Welper that proof of publication of notice of public hearing on request of Robert J. Messerer for a development agreement to sell and convey for $1.00 city -owned property generally located at the northwesterly corner of West 10`h Street and Jefferson Street to construct a commercial building with an estimated value of $80,000.00, as published in the Waterloo Courier on November 17, 2006, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. December 4, 2006 Page 4 Hearings continued 124584 This being the time and place of public hearing, the Mayor called for written and oral objections. Jim Blackledge objected to the sale and the development agreement for the West 10th Street and Jefferson Street lot. Mr. Blackledge stated he would like to purchase that lot from the city for $3,000.00. He stated he already had a set. of plans before Design Review for a 40 X 80 foot building, but he would like to put a 40 X 88 foot commercial building in there subject to the final storm detention plan which has not been drawn up yet. Mr. Blackledge stated that building would consist of approximately $115,000.00 investment plus the land which would be a taxable entity for the City of Waterloo. Don Temmeyer, Community Planning & Development Director, suggested that after hearing of Mr. Blackledge's interest, he thinks the city should go into a sealed bid procedure and bring it back next week. Mr. Messerer and other folks could submit a bid, and we will see what proposals are actually submitted. Gunderson/Kincaid that the hearing be closed and oral comments be received and placed on file. Ayes: Six. Absent: Cole. Motion. carried. 124585 Gunderson/Kincaid that this item be tabled for further action. Ayes: Six. Absent: Cole. Motion carried. 124586 - Gunderson/Welper that proof of publication of notice of public hearing on request of Jerry Weekly to sell and convey for $2,500.00 two metal pole buildings generally located at the corner of East 8th Street and Sycamore Street, as published in the Waterloo Courier on November 17, 2006, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124587 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Kincaid that the hearing be closed and oral comments be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124588 - Don Temeyer, Community Planning and Development Director, reported hewas just handed a note that there may be another person interested in purchasing the pole buildings and asked the council to table this item. Gunderson/Greenwood that this item be tabled to see if there is any other interest in said pole buildings. Ayes: Six. Absent: Cole. Motion carried. 124589 - Welper/Gunderson that proof of publication of notice of public hearing on request of Invision Architecture on behalf of Grout Museum to vacate, sell and convey for $1.00. a 3.5 foot portion of excess right-of-way generally located along West Park Avenue between Washington and South Streets to accommodate expansion of the Grout Museum, as published in the Waterloo Courier on November 17, 2006, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124590 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 and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124591 - Welper/Gunderson that "an Ordinance vacating a 3.5 foot portion of excess right-of-way generally located along West Park Avenue between Washington and South Streets", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Cole. Motion carried. • • December 4, 2006 Hearings continued Page 5 124592 - Welper/Gunderson that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Cole. Motion carried. 124593 - Welper/Gunderson that "an Ordinance vacating a 3.5 foot portion of excess right-of-way generally located along West Park Avenue between Washington and South Streets", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Cole. Ordinance adopted and upon approval by Mayor assigned No. 4850. 124594 - Welper/Gunderson that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1043. 124595 - Kincaid/Schmitt that proof of publication of notice of public hearing on reallocation of not to exceed $175,000.00 unspent proceeds of General Obligation Bond, Series 2003A to provide funds for costs of repairs at the East Park Avenue Parking Ramp, as published in the Waterloo Courier on November 22, 2006, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124596 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Mayor Hurley reported this is three-year old money that was previously approved, and we are required to go through this step. Part of this is interest earned, and it is going to a very necessary project, the East Park Avenue parking ramp that we heard from Mr. Cutwright earlier this year. Kincaid/Schmitt that the hearing be closed and oral comments be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124597 - Kincaid/Schmitt that "Resolution instituting proceedings to take additional action and approve reallocation of said bonds", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1044. 124598 - Getty/Greenwood that proof of publication of notice of public hearing on request of Deer Creek Development on a site plan amendment to the "M -2,P" Planned Industrial District for Greenbelt Centre Park generally located just west of Greyhound Drive, north of the former Greyhound Park to allow for development of a Gold's Gym and Mauer Eye Center and Spa, as published in the Waterloo Courier on November 17, 2006, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124599 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Greenwood that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124600 - Getty/Greenwood that "Resolution approving said site plan amendment", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1045. December 4, 2006 RESOLUTIONS TO BE ADOPTED 124615 - Welper/Gunderson Page 8 that "Resolution accepting acquisition of property generally located at 447-449 Cherry Street, as granted by court order pursuant to Section 657A.10A of the Iowa Code", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson asked Don Temeyer to explain what the state has given the city to help to clean up some of the buildings and houses in Waterloo that have fallen into disrepair. Don Temmeyer, Community Planning & Development Director, reported this is a new section in the Iowa Code that allows dilapidated houses to be transferred to the city, and it gives the city clear title. If the city just take titles of some of these properties through the tax sales certificate process or a quick claim deed, we still have to solve all of the other title problems that have accumulated on the properties that have sat vacant, most of them for over ten years. The city will proceed to demolish them and try to get them into the hands of someone who would build a new house on them. Councilperson Greenwood asked what if there is a lien or a mortgage on the properties. Jim Walsh, City Attorney, stated there is a process under the Iowa Code to clear those. You give notice to everybody who has an apparent lean. They have an opportunity to come in and resolve it. It's a quick way of getting clear title. Usually the value is not there and no one wants to redeem it. Mr. Temeyer stated if they claim it then they would be responsible for it and no one wants to be responsible so they aren't showing up. Councilperson Greenwood stated both of these properties are eyesores, and he asked what is the timetable of getting them torn down, redeveloped or something done with them. Mr. Temeyer responded staff will proceed to get the properties on the next demolition list and proceed to let another demolition project as soon as possible Mayor Hurley stated the city has had interest expressed on one of those properties to finish it and do something with it. 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. 2006-1057. 124616 Welper/Gunderson that "Resolution accepting acquisition of property generally located at 210 Park Road, as granted by court order pursuant to Section 657A.10A of the Iowa Code", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1058. 124617 - Welper/Gunderson that "Resolution approving communication from Mayor Hurley transmitting recommendation of allocation of discretionary hotel/motel funds", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1059. Mayor Hurley explained the resolution passed by the council gave approval for his recommendation for use of the council's discretionary hotel/motel tax funds. The Police Department will receive $31,000.00 which covers overtime at summer events, such as the Cattle Congress, the 4th Street Cruise, My Waterloo Days, and the Memorial Day fireworks. The Waterloo Center For The Arts hasjust been awarded $17,000.00 to help with their marketing program for the new Youth Pavilion. • • • December 4, 2006 Page 9 NEW BUSINESS 124618 Gunderson/Schmitt instruct Leisure Services Director to prepare bid document, specifications, etc. in conjunction with 2006 Golf Turf Equipment, be received, placed on file and approved. Ayes: Six. Absent: Cole. Motion carried. 124619 Gunderson/Schmitt that bid document, specifications. etc. in conjunction with 2006 Golf Turf Equipment, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124620 - Gunderson/Schmitt that "Resolution preliminarily approving bid document, specifications. etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1060. 124621 - Gunderson/Schmitt that "Resolution setting date of hearing on bid document, specifications. etc. as December 18, 2006 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: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1061. 124622 - Schmitt/Kincaid that communication from Superintendent of Traffic Operations request to install street lights in the middle of the 900 block Street, be received, placed on file and "Resolution approving said adopted and City Clerk instructed to notify MidAmerican Energy of Six. Absent: Cole. transmitting of West 1" request", be same. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2006-1062. ORAL PRESENTATIONS 124623 Mayor Hurley reported about a month ago Mr. Getty questioned in oral comments if there is anything in the city's franchise agreement with Mediacom that the city would have any influence to keep them from dropping. KGAN, and we promised that we would get back with everyone with what we discovered, but we didn't do that. After research by the City Attorney, the basic answer is that there is nothing in the agreements which allows the city any control over normal channel selections by Mediacom. In fact, there is a paragraph that specifically states that Mediacom controls all decisions on what is offered. We do have some control over the public access aspects of the cable offerings but clearly nothing on the commercial channel selection. The city has absolutely no influence over Sinclair. Forest Dillavou, 1725 Huntington Road, stated he wished to speak about the proposed LS Power Plant, the coal burning plant out there. Mr. Dillavou stated he has attended many of the meetings and has tried to educate himself as best as he can, and he feels that it is probably a good thing for Waterloo, but they are not building the cleanest burning plant that they could. The reason they want to come to Waterloo is they are allowed more emissions here than in cities like Chicago or Detroit where there is more polluted air than what we have here. Mr. Dillavou stated we have much cleaner air, and he feels that if we are going to take them into our city and give them what they need as far as utilities and so on, then we should negotiate to get the cleanest burning coal fired power plant available with the technology available today. We owe that to our children and grandchildren. Mr. Dillavou urged the council, as they consider taking the LS Power Plant into the city, to negotiate with them to get us the cleanest that we can get. Marvin Weber, 318 Olympic Drive, stated it is his understanding that somebody from the Traffic Department called his house and informed his wife that there was opposition to the speed bump on Olympic Drive that the city passed a few months ago and installed a few weeks ago. Mr. Weber stated he wife was the one who was backing it because of the traffic congestion and the speeding that is constantly taking place on Olympic Drive. Mr. Weber stated if he had his way he would have a speed hump every second block all the way to Sunnyside Country Club, unless the city would like to put stop signs every two blocks to slow down the traffic. December 4, 2006 Oral Presentations continued Mr. Weber stated Olympic Drive is a little over a mile stretch of straight road that has no stop signs and no traffic lights. Mr. Weber stated he has lived there for over 26 years, owned the property for 28 years and built his home there. He has seen the property and the development develop over the years, and over the years the city has changed the zoning where McDonald's and Kevin Cortrights are located, Development is sometimes bad for the neighbors because they end up living with the traffic. Olympic Drive is not just a street where the homeowners travel. Mr. Weber stated he is a contractor, and he bids jobs in Traer, Grundy Center, and Iowa Falls, and when he pulls into the guy's place, the guy will mention he knows his truck and that he lives in Waterloo right next to Fareway. When he asks him what he is doing on his street, the guy from Grundy Center will say that is a short cut to get to Fareway. Mr. Weber stated he also has had people from Audubon Park tell him they know where he lives because they see his truck. His truck is a fat, four door pickup that sits on the street, and there are a lot of people who don't like him parking on Olympic, but his driveway is full and he has to park on the street. Mr. Weber stated he realizes it congests the traffic because of the way that it is parked, but it is either get his neighbors mad at him for parking in front of or by their driveways or park on Olympic where nobody has to back in and around his pickup. Mr. Weber stated before the city decides to take the speed bumps out after they have spent the money, he would like to let them know that the people who signed the petition are the people who live on Olympic Drive, from Fareway toward Sunnyside. They did not get any people who were in favor of the speed bumps along Linda, Lisa or Colby, down on the side streets, the feeder streets because they wanted just the people on Olympic Drive to sign if they were in favor of the speed bumps because those are the people who live on that street. They are the ones who have to put up with the traffic and put up with the people speeding. Mr. Weber stated between himself and the insurance company, he has lost thousands of dollars by having his truck parked on Olympic because of the speeders. People have run into him, he has had hit -and -runs over the years, and even a truck totaled in front of his property. The neighbors have all had their mailboxes knocked down, and in 26 years, they have only had one young lady stop and tell them she ran into his mailbox and she brought her dad back to fix it. Page 10 Mayor Hurley stated he appreciated Mr. Weber's input. Those speed bumps were put down by due process of the council, and he doesn't think they are about to come up. There was a person in the general neighborhood who said he was going to come to tonight's meeting to protest the speed bump. The speed bumps are down, and if they aren't already striped, they will be striped. Schmitt/Kincaid that the above oral comments be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124624 - Schmitt/Gunderson that the council adjourn to Executive'Session at 6:21 p.m. Ayes: Six. Absent: Cole. Motion carried. City Attorney Jim Walsh stated that discussion of acquisition of property is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(j)(2005) . EXECUTIVE SESSION 124625 - Schmitt/Greenwood that the council adjourn Executive Session at 6:57 p.m. Ayes: Six. Absent: Cole. Motion carried. ADJOURNMENT 124626 - Schmitt/Gunderson that the Council adjourn at 6:57 carried. p.m. Ayes: Six. Absent: Cole. Motion L'//14"441--(;Z:41a-t-179-- Nancy Ec.brt, CMC City Clerk