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HomeMy WebLinkAboutMinutes-03/20/2006• • March 20, 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, March 20, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: Troop 548, Church of Latter Day Saints. 123164 - Schmitt/Kincaid that the Agenda, as amended, for the Regular Session on Monday, March 20, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 123165 Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, March 13, 2006, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mike Massina of MidAmerican Energy presented a check in the amount of $20,000.00 to the City of Waterloo. Mayor Hurley stated the weather is turning nicer, the days are getting longer and the city is already seeing an increase in activity and participation at the yard waste drop-off site on Easton Avenue. Mayor Hurley reminded citizens not to overload their vehicles and end up messing up the streets on their way to the site, which city government, at some costs, has to pick up. Mayor Hurley asked citizens to dump the leaves and yard waste out of the plastic bags and containers and take those home. Mayor Hurley noted there is a trash container on the site to dispose of the containers and bags. Mayor Hurley reminded citizens this site is for yard waste only, and not old trees, tree trunks or large logs. Mayor Hurley commented we call it a free site, and we need the citizens' help to keep it that way. CONSENT AGENDA 123166 - Schmitt/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. 1-75, dated March 20, 2006, in the amount of $1,626,147.94, 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. 2006-205. 2. Communication from City Clerk transmitting request from Vern Fish, Nature Center Director, to burn approximately 6.3 acres of prairie grass located in four areas within Hartman Reserve Nature Center during April 2006, together with recommendation of approval of Leisure Services Director, Fire Chief and Superintendent of Waste Management Services. Resolution adopted and upon approval by Mayor assigned No. 2006-206. 3. Communication from City Clerk transmitting request from Dennis Clark to burn approximately one acre of prairie grass located north and south of the pond on property located at 2204 Ashland Avenue during late March to mid-April 2006, together with recommendation of approval of Leisure Services Director, Fire Chief and Superintendent of Waste Management Services. Resolution adopted and upon approval by Mayor assigned No. 2006-207. b. Motion -to approve the following: 1. Dan Youngblood, Combination Inspector, to attend 2003 IBC, Solving Means of Egress Issues in Commercial Buildings; Significant Changes to the IBC, 2006 Edition, and Significant Changes to the IRC, 2006 Edition in Cedar Rapids, Iowa on April 25-27, 2006, with costs not to exceed $350.00, including use of city vehicle. March 20, 2006 Consent Agenda continued Page 2 c. Beer License Permit Application Class C Jim Lind Standard Service, 230 East Ridgeway Avenue (Renewal) (Expires 4/6/07) (Includes Sunday Sales) d. Beer/Liquor License Permit Application Class C Babes Tap, 210 Division Street (Renewal) (Expires 3/14/07) (Includes Sunday Sales) Legends, 2122 Kimball Avenue (Renewal) (Expires 3/27/07) (Includes Sunday Sales) The Ground Round Restaurant, 1425 San Marnan Drive (Renewal) (Expires 3/31/07) (Includes Sunday Sales) J's R & B Lounge, 501 Independence Avenue (Renewal) (Expires 4/6/07) (Includes Sunday Sales) Red Carpet Golf, 1409 Newell Street (Renewal) (Expires 4/4/07) (Includes Sunday Sales) e. Outdoor Service Area Application Red Carpet Golf, 1409 Newell Street f. Fireworks Display Application Trinity Episcopal Parish, 4535 Kimball Avenue on April 15, 2006 g. Bonds Ayes: Seven. Motion carried. HEARINGS 123167 - Gunderson/Welper that proof of publication of notice of public hearing on development agreement with OFI Properties, LLC to convey approximately 7.7 acres of property generally located just south of Gray Transportation site in the Northeast Industrial Park to allow construction of 69,120 sq. ft. industrial building, with a minimum taxable value of $1,900,000.00 and five years tax rebatement at 50 percent of the project, as published in the Waterloo Courier on March 10, 2005, be received and placed on file. Ayes: Seven. Motion carried. 123168 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: Seven. Motion carried. 123169 - Gunderson/Welper that "Resolution approving said development agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-208. 123170 - Gunderson/Welper that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-209. 123171 - Welper/Kincaid that proof of publication of notice of public hearing on Amendment to the Development Standards of Article III of the Deed of Dedication to the Northeast Industrial Park Plat No. 3 to allow truck dock and maneuvering area to face GT Drive within the Industrial Park area, as published in the Waterloo Courier on March 10, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123172 - 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. • • • March 20, 2006 Hearings continued 123173 - Welper/Gunderson that "Resolution approving said amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-210. 123174 - Kincaid/Welper Page 3 that proof of publication of notice of public hearing on vacation of an easement generally located along the westerly edge of a portion of Lot 12 and Lot 13 in the Northeast Industrial Park Plat No. 3, as published in the Waterloo Courier on March 10, 2006, be received and placed on file. Ayes: Seven. Motion carried. 123175 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Kincaid that the hearing be closed. Ayes: Seven. Motion carried. 123176 - Kincaid/Welper that "an Ordinance vacating an easement generally located along the westerly edge of a portion of Lot 12 and Lot 13 in the Northeast Industrial Park Plat No. 3", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 123177 - Kincaid/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 123178 - Kincaid/Schmitt that "an Ordinance vacating an easement generally located along the westerly edge of a portion of Lot 12 and Lot 13 in the Northeast Industrial Park Plat No. 3", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4802. UNFINISHED BUSINESS 123179 - Cole/Schmitt that communication from City Engineer transmitting recommendation of award of contract in the amount of $67,590.42 to B & B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2006 Sidewalk Repair Program - Zone 6 and Trail Repairs, Contract No. 710, 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. 2006-211. 123180 - Cole/Schmitt that communication from Contracts and Grants Coordinator transmitting recommendation of award of contract in the amount of $11,945.00 to Kayser Backhoe of Waterloo, Iowa in conjunction with Demolition of Homes at 230 Gable Street, 1720 Locke Avenue and 642 West Donald Street, Contract No. 141 -D -G0-02- 10-06, 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. 2006-212. DOCUMENTS 123181 - Schmitt/Cole that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $67,590.42 from B & B Builders and Supply of Waterloo, Iowa in conjunction with F.Y. 2006 Sidewalk Repair Program - Zone 6 and Trail Repairs, Contract No. 710, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-213. March 20, 2006 Page 4 Documents continued 123182 Schmitt/Cole that communication from Contracts and Grants Coordinator transmitting contract in the amount of $11,945.00 with Kayser Backhoe of Waterloo, Iowa in conjunction with Demolition of Homes at 230 Gable Street, 1720 Locke Avenue and 642 West Donald Street, Contract No. 141 -D -GO -02-10-06, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-214. 123183 - Schmitt/Cole that communication from Associate Engineer transmitting Notice of NPDES Coverage Under General Permit with the Iowa Department Resources for storm water discharge in conjunction with F.Y. 2006 Drive Traffic Improvements - Phase III, Contract No. 702, STP -U-8155 be received, placed on file and "Resolution approving said Notice of adopted and Mayor authorized to execute the same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-215. 123184 - Getty/Greenwood Intent for of Natural San Marnan (688)-70-07, Intent", be that communication from Senior Planner transmitting Preliminary Plat of Deer Creek Plat No. 2, together with staff report, aerial photograph of the area, letter from the City Engineer, Certificate of Survey and legal description, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-216. 123185 - Getty/Greenwood that communication from City Planner transmitting Preliminary Plat of Scotch Grove Addition, together with staff report, aerial photograph of the area, Certificate of Survey and deed of dedication, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-217. 123186 Greenwood/Welper that communication from Police Chief transmitting agreement with Iowa Department of Public Safety for OWI Prevention Grant through the Iowa Governor's Traffic Safety Bureau in the amount of $14,500.00, with no required city match, to be used for overtime enforcement and safety belt use plus the purchase of one in - car video system, be received, placed on file and "Resolution approving said agreement", 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, stated this is the money that allows the Police Department to pay attention to the Avenue of The Saints. The Police Department received a similar grant last year, and that money was used for this year's project. Mayor Hurley stated his advice to everybody would be fasten your seatbelts and obey the speed limits. 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. 2006-218. RESOLUTIONS TO BE ADOPTED 123187 - Cole/Schmitt that "Resolution dedicating the westerly 8 feet of Parcel D of Lot 12 and Lot 13 in the Northeast Industrial Park Plat No. 3 for utility easement purposes", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-219. • • • • March 20, 2006 Resolutions to be Adopted continued Page 5 123188 - Cole/Schmitt that "Resolution approving communication from Fire Chief transmitting 5 percent increase for ambulance rates", be adopted. Ayes: Six. Nays: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-220. 123189 - Cole/Schmitt that "Resolution establishing the amount of just compensation for certain properties to be acquired as part of the Eastside Housing Project and authorizing the use of condemnation procedures for acquisition of said property in furtherance of the objectives of the Rath Area Neighborhood Plan", be adopted. Ayes: Six. Nays: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-221. 123190 - Cole/Schmitt that "Resolution approving request from Mayor Hurley to allocate the following amounts from the $1 million advancement from Isle of Capri: $85,000.00 to the General Fund for FYE2007 Budget, $25,000.00 to the YES! Initiative, $10,000.00 to Community Development for emergency repairs, and $10,000.00 as a loan to the new Waterloo Telecommunications Utility Board", be adopted. Ayes: Six. Nays: Getty. Resolution adopted and upon approval by Mayor assigned No. 2006-222. 123191 - Cole/Schmitt that "Resolution approving request of Main Street Waterloo to refinance a loan with Midwest One for four years in an amount not to exceed $257,600.00 for the parking lot improvements and repairs to the wall next to the parking lot along Lafayette Street, with the city guaranteeing the loan", be adopted. Prior to a vote on the above motion, the following comments were heard. Mike Butler, 1022 Washington Street, Cedar Falls, Iowa and a member of Main Street Waterloo, stated it was their understanding they also need council approval on a loan that the city has nothing to do with, but their by-laws require approval by the council for $586,000.00 loan on the Regional Business Center. Mr. Butler noted that the letter from Main Street Waterloo asked for approval of the $586,000.00 loan, which was a HUD process that allowed Gilmore & Doyle to move into the old Osco Building, the Regional Business Center. Mayor Hurley stated that this item will be taken up next week. 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. 2006-223. NEW BUSINESS 123192 Gunderson/Welper that communication from Fire Chief transmitting request to refurbish Platform 311 at a total cost not to exceed $151,316.00, be received, placed on file and "Resolution setting date of hearing as April 3, 2006, 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. 2006-224. 123193 - Welper/Schmitt that communication from City Planner transmitting new Development Agreement with James H. Slife to sell and convey for $1.00 property generally located along West 4th Street and north of Bluff Street for the construction of a 9,600 sq. ft. addition to Pioneer Graphics, with minimum assessment of $500,000.00 until December 31, 2020 and 100 percent industrial tax rebatements for eight years, be received, placed on file and "Resolution setting date of hearing as April 10, 2006, 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. March 20, 2006 New Business continued Prior to a vote on the above motion, the following comments were heard. Page 6 Don Temeyer, Community Planning and Development Director, reported that the city. is bringing this item back to the council because the legal description was in error and missed by everyone until the documents were sent to the Black Hawk County Recorders Office. Councilperson Greenwood commented that Mr. Slife has put in a nice building and it looks nice on 4th Street, as well as other people have put some nice buildings on East 4th Street. Councilperson Greenwood asked about the building across the street that has an orange fence in front of it and if there are plans to update the building. Mayor Hurley stated that he had staff in his office this afternoon updating him on that building and there is some movement. Mayor Hurley stated that he saw architect's drawings commissioned by the owner. Mayor Hurley stated he is finding out more information and finding out what we can do collaboratively to make sure those renovations move ahead and we clean up a five years or longer mess, and he is hopeful that there is movement. Following comments there was a vote on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2006-225. 123194 - Schmitt/Cole that communication from City Planner transmitting request to vacate, sell and convey to James H. Slife for $1.00 an alley generally located between West 4th and West 5th Streets, north of Bluff Street, be received, placed on file and "Resolution setting date of hearing as April 10, 2006, 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. 2006-226. 123195 Cole/Schmitt that communication from City Planner transmitting request to acquire and sell land generally known as the former Devil's Den site along West 4th Street, acquired from the Stevens Family Trust, and to be sold and conveyed to James H. Slife for expansion of an existing downtown business, be received, placed on file and "Resolution setting date of hearing as April 10, 2006, 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. 2006-227. ORAL PRESENTATIONS 123196 Forest Dillavou, 1725 Huntington Road, called the council's attention to the General Rules for Public Participation where it states anyone may speak for three minutes on any one topic for any meeting. Mr. Dillavou stated he feels this is one of the most misused rules, as he has watched business people speak for 15 minutes at a time, take their seat and make repeated trips to the podium and continue speaking about the issue. Mr. Dillavou stated he recently watched an attorney speak longer than 15 minutes and watched a black man one night trying to sell his black business directory, and he received hand motions and verbal statements to please finish and get done. Mr. Dillavou stated he thinks the rules need to be re -addressed and either do like Cedar Falls, Evansdale and Black Hawk County and do away with it, or rigidly adhere to it no matter whether a person is black, white, rich or poor. Mr. Dillavou stated he really thinks it is very poorly administered. Mayor Hurley responded that he agrees with Mr. Dillavou, and that is why he bought a timer. • • • • March 20, 2006 Page 7 Oral Presentations continued Ryan Madison, 3303 Parkridge Road, commended the council on the demolition of the buildings they have been working on. Mr. Madison stated that the people he has been working with on getting rid of the buildings are not dancing in the street yet because its not a foundation of what needs to be done, but they wanted to let the council know they have noticed that some buildings have been knocked down. Mr. Madison stated this is starting to boost the morale of the Eastside because they are starting to see new construction going on as well as people are starting to upkeep their homes. Mr. Madison thanked the council but said we need to do more, its not enough. Mr. Madison stated he noticed there are plans to demolish three more houses, but he thinks there should be plans to demolish six to eight more in the months to come. Mayor Hurley thanked Mr. Madison for his comments and stated if the money were there, the city would be able to accelerate. Getty/Schmitt that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 123197 - Gunderson/Welper that the Council adjourn at 6:09 p.m. Ayes: Seven. Motion carried. `'\(\ Nancy Ec rt, CMC City Clerk