Loading...
HomeMy WebLinkAboutMinutes-01/22/2007• • January 22, 2007 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, January 22, 2007. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Getty, Cole, Schmitt. Absent: Greenwood. Moment of Silence. Pledge of Allegiance: Cub Scouts Pack 17, Den 9 -Ben Hirdler, Andrew Gerst Spencer Moeller, Luke Weidner, Tanner Whittemore. 124800 - Schmitt/Kincaid that the Agenda, as amended, for the Regular Session on Monday, January 22, 2007, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 124801 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Tuesday, January 16, 2007, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. Mayor Hurley read a Proclamation declaring February 2007 as Children's Dental Health Month and February 2, 2007 as Give Kids a Smile Day. CONSENT AGENDA 124802 - 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. 1-58, dated January 22, 2007, in the amount of $2,427,824.09, 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. 2007-50. 2. Communication from City Engineer transmitting request of Joe Minard for a waiver for a concrete driveway to be located at 103 E. Tower Park Drive, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2007-51. b. Motion to approve the following: 1. John Magdefrau, Combination Inspector, to attend Changes and Fundamentals for 2006 International Building Code, 2006 International Existing Building Code and 2006 International Residential Code Seminars in Des Moines, Iowa on February 13-15, 2007, with costs not to exceed $375.00. 2. Lou Cutwright, Building Official/Maintenance Administrator, to attend National Association of ADA Coordinators Spring 2007 National Conference in Miami, Florida on April 22-27, 2007, with costs not to exceed $3,280.35. 3. Dennis Gentz, Assistant City Engineer, to attend The Iowa Concrete Paving Association's 43zd Annual Concrete Paving Workshop in Des Moines, Iowa on February 7-9, 2007, with costs not to exceed $325.76, including use of city vehicle. 4. Pat Treloar, Fire Engineer; and Doug Dahlhauser, Fire Lieutenant; to attend R628: JUV. Firesetter Intervent Specialist Training in Emmetsburg, Maryland on February 17-24, 2007, with costs not to exceed $248.60. 5. Darryl Hartema, Fire Department Mechanic; and Mike Jenn, Fire Captain; to pick up Platform 311 and compartments from old Platform 311 in Appleton and Wayauwega, Wisconsin on January 18-26, 2007, with costs not to exceed $350.00, including use of city vehicle. 6. James Bolger, Golf Manager, to attend Iowa Turfgrass Conference in Des Moines, Iowa on January 29-31, 2007, with costs not to exceed $220.00. January 22, 2007 Page 2 Consent Agenda continued c. Beer License Permit Application Class C The Pit Stop, 1459 Ansborough Avenue (Renewal) (Expires 2/3/08) (Includes Sunday Sales) d. Beer/Liquor License Permit Application Class C Sapphire's Gentlemen's Club, 301 West 4th Street (Renewal) (Expires 2/12/08) (Includes Sunday Sales) Blue River, 728 Commercial Street (Renewal) (Expires 2/14/08) (Includes Sunday Sales) Jameson's, 310 East 4th Street (Renewal) (Expires 2/5/08) (Includes Sunday Sales) e. Outdoor Service Area Application Jameson's, 310 East 4th Street Ayes: Six. Absent: Greenwood. Motion carried. HEARINGS & BIDS 124803 - Gunderson/Welper that proof of publication of notice of public hearing on Purchase of Emergency Generators for Fire Stations 1, 3, 4, 5, 6 and 8, as published in the Waterloo Courier on January 3, 2007, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 124804 - This being the time and place of public hearing, the Mayor called for .written and oral objections and there were none. Gunderson/Welper that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 124805 - Gunderson/Welper that "Resolution confirming approval of specifications, form of contract, etc. in conjunction with the Purchase of Emergency Generators for Fire Stations 1, 3, 4, 5, 6 and 8", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-52. 124806 - Gunderson/Welper that "Resolution authorizing to proceed in conjunction with above purchase", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-53. 124807 - Gunderson/Welper to receive, file and instruct City Clerk to open and read bids and refer to Fire Chief for review: Bidder 3E Kohler Power Systems Bid Bond Bid Amount 10% $161,778.00 Ayes: Six. Absent: Greenwood. Motion carried. HEARINGS 124808 - Welper/Gunderson that proof of publication of notice of public hearing on vacation of portions of Hallowell Road and Willow Street, north of the railroad tracks and rescinding Ordinance No. 4809 in its entirety due to an error in the legal description, as published in the Waterloo Courier on January 12, 2007, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 124809 - 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. Ayes: Six. Absent: Greenwood. Motion carried. • January 22, 2007 Page 3 Hearings continued 124810 - Welper/Gunderson that "an Ordinance vacating portions of Hallowell Road and Willow Street, north of the railroad tracks and rescinding Ordinance No. 4809 in its entirety due to an error in the legal description", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried. 124811 - Welper/Gunderson that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Greenwood. Motion carried. 124812 - Welper/Gunderson that "an Ordinance vacating portions of Hallowell Road and Willow Street, north of the railroad tracks and rescinding Ordinance No. 4809 in its entirety due to an error in the legal description", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Greenwood. Ordinance adopted and upon approval by Mayor assigned No. 4851. 124813 - This being the time and place of public hearing on request of Capri Blackhawk County LLC for a site plan amendment to the "C -P" Planned Commercial District for the addition of an entertainment venue/restaurant/nightclub generally located on the southeast end of building located at 777. Isle of Capri Boulevard, the Mayor called for written and oral objections and there were none. Schmitt/Kincaid that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 124814 - Schmitt/Kincaid that "Resolution approving said site plan amendment", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-54. PETITIONS FROM PUBLIC 124815 - Kincaid/Welper that communication from City Planner transmitting request of VJ Engineering on behalf of Menard Inc. to rezone from "R-2" One & Two Family Residence District and "C-2" Commercial District to "C -P" Planned Commercial District approximately 36 acres of property generally located just north of Logan Plaza Shopping Center, going up to Ralston Road and spanning from Highway 63 to East 4th Street to construct a Menards store and lumber yard with approximately 214,000 sq. ft., together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as February 12, 2007, 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-55. 124816 — Kincaid/Welper that communication from City Planner transmitting request of MKW Apartments LLC to rezone from "R-3" Multiple Residence District to "R-4" Multiple Residence District approximately 7 acres generally located along Cataract Avenue and Edgemont Avenue, just south of Ridgeway Avenue and West High School to allow for construction of an additional 22 -unit apartment building, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as February 12, 2007, 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-56. January 22, 2007 Petitions from Public continued 124817 - Kincaid/Welper Page 4 that communication from Senior Planner transmitting request of Cardinal Construction Inc. to vacate, sell and convey for $500.00 the 10' x 40' portion of alley generally located within the park area off Sycamore Street between East Park Avenue and East 4th Street, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as February 5, 2007, 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-57. 124818 - Kincaid/Welper that communication from Senior Planner transmitting request of Iowa Wireless for a site plan amendment to the "S-1" Shopping Center District for property generally located at 351 Fletcher Avenue to allow construction of an 80' monopole cellular tower with equipment on property owned by the Waterloo -Cedar Falls Board of Realtors, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as February 12, 2007, 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-58. DOCUMENTS 124819 - Getty/Gunderson that communication from Assistant City Engineer transmitting Change Order No. 3 for a net increase in the amount of $33,719.05 for work performed by K. Cunningham Construction Co., Inc. of Cedar Falls, Iowa in conjunction with F.Y. 2006 E. San Marnan Drive Paving Improvements - Penneys Street to LaPorte Road, Contract No. 698, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Motion carried. 124820 - Getty/Gunderson that communication from Director of Cultural & Arts Commission transmitting Change Order No. 6 for a net increase in the amount of $12,581.00 for work to be performed by Cardinal Construction in conjunction with Youth Pavilion For The Center For The -Arts, be received, placed on file and approved and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson inquired if we are still looking at an April completion date for the facility. Cammie Scully, Director of Cultural & Arts Commission, responded we are looking at that date for construction to be finished and then exhibits still have to be installed. Councilperson Gunderson asked when the Youth Pavilion will be open citizens. Ms. Scully replied they are still aiming for the end of May. Councilperson Gunderson' asked if they are close to being on budget project, and Ms. Scully replied that they are. Following comments a vote was taken on the above motion with the result. Ayes: Six. Absent: Greenwood. Motion carried. 124821 - Getty/Gunderson for the for this following that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by K. Cunningham Construction Co., Inc. of Cedar Falls, Iowa at a total cost of $936,389.11 in conjunction with F.Y. 2006 E. San Marnan Drive Paving Improvements - Penneys Street to LaPorte Road, Contract No. 698, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond be received and placed on file. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-59. • • • January 22, 2007 Page 5 Documents continued 124822 - Getty/Gunderson that communication from Associate Engineer transmitting Professional Services Agreement with Earth Tech, Inc. of Waterloo, Iowa at a total cost of $19,500.00 in conjunction with F.Y. 2007 Biennial Bridge Inspections, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood.. Resolution adopted and upon approval by Mayor assigned No. 2007-60. 124823 - Getty/Gunderson that communication from Police Captain transmitting application with Iowa Governor's Traffic Safety Bureau for Intoxicated Driver Prevention Program grant in the amount of $18,466.00, with no required local match, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-61. 124824 - Getty/Gunderson that communication from City Planner transmitting Community Economic Betterment Account (CEBA) Funding Agreement, CEBA Funding Agreement Promissory Note and High Quality Job Creation Program (HQJCP) Funding Agreement with Iowa Department of Economic Development and ConAgra Foods Packaged Foods Company, Inc. in conjunction with 200,000 sq. ft. $42 million expansion within the MidPort Business and Development Park, be received, placed on file and "Resolution approving said agreements", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-62. RESOLUTIONS TO BE ADOPTED 124825 - Schmitt/Cole that "Resolution accepting and approving acquisition of property generally located at 316 Cottage Street, as granted by court order pursuant to Section 657A.10A of the Iowa Code", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-63. Councilperson Schmitt stated that Iowa Code Section 657A was passed by the State of Iowa two years ago. This law has certain criteria for abandoned buildings There is a 14 -point check list, and once the building or property meets that criteria for abandoned property, whether its been sold in tax sale, has liens against it, etc., the courts are now able to deed that property to the city free and clear. There are no encumbrances, and the city now has the ability to take down a dilapidated building. The best part of it is that we can now get that lot back on the tax roll where we couldn't before. We could take down a property, put a lien against the lot and it would sit there forever, but we could not do anything with that lot because it still had liens or somebody owned it through a tax certificate sale. Mayor Hurley commented that in a process that may have taken years before, the State has actually helped the city in fast -tracking some of the worst properties. Councilperson Schmitt interest are notified, deed holder of record, day waiting period and the city. can tear down on the tax rolls where stated that all of the people who have a financial whether its a tax certificate buyer, lien holder, the they are all notified about the process. There is a 60 - then the court awards that property free and clear. Then that house and get that property up for sale, get it back we couldn't do that before. Councilperson Gunderson commented that the deed holder on this property was out of North Carolina, so we are dealing with people that don't even live in this area or are not even citizens here. Mayor Hurley stated the properties are typically purchased at a tax sale for their own reasons but then abandoned. That property rots and deteriorates our neighborhoods and the State has given us this help to address them. January 22, 2007 Page 6 ORDINANCES TO BE ADOPTED 124826 - Cole/Schmitt that "an Ordinance amending the 2003 Traffic Code by adding Subsections (58a) Dysart Road and Shaulis Road and (134a) Isle of Capri Blvd. and Shaulis Road to Section 540, Obedience To Official Traffic Control Devices (installation of traffic signals at intersections of Shaulis Road and Dysart Road and at Shaulis Road and Isle of Capri Boulevard)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried. 124827 - Cole/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Greenwood. Motion carried. 124828 - Cole/Schmitt that "an Ordinance amending the 2003 Traffic Code by adding Subsections (58a) Dysart Road and Shaulis Road and (134a) Isle of Capri Blvd. and Shaulis Road to Section 540, Obedience To Official Traffic Control Devices (installation of traffic signals at intersections of Shaulis Road and Dysart Road and at Shaulis Road and Isle of Capri Boulevard)", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Greenwood. Ordinance adopted and upon approval by Mayor assigned No. 4852. NEW BUSINESS 124829 - Schmitt/Cole that communication from Senior Planner transmitting changes to Zoning Ordinance, Ordinance No. 2479, as amended, as it pertains to Home Occupations, Erection of More Than One Principal Structure on a Lot, and Enclosure of Existing Open Porch, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as February 12, 2007, 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: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2007-64. ORAL PRESENTATIONS 124830 - Dennis Clark, General Manager of Waterloo Water Works, reported about 9:00 p.m. last night there was a break in a 12 -inch water main on Ridgeway Avenue about 300 feet off of Highway 63, and this is a major feeding main from Well 21 out by the soccer complex. When this main broke, it sheared a substantial length of the pipe and left a big hole in the pipe causing a tremendous amount of water lossage. That dropped water pressure and discolored water in a substantial part of southwest Waterloo. Pretty much the area east of Highway 63, west of Ansborough and south of Ridgeway, which would include the Audubon Park area as well as other parts of the city, had discolored water and some reduction of pressure. For instance, all the way downtown there was a 25 pound loss of water pressure, which is a tremendous amount of water pressure loss for that distance away from the break. Because of the large amount of water, the Water Works had a lot of trouble finding valves and then once they found them there were other problems. The valves were full of debris from the break and so forth. Mr. Clark stated the Water Works was able to isolate the break and make the last shut off about 2:45 a.m. In order to keep as much water as possible getting to the residents, they had had almost every well available running, and in the process of shutting the valves and simultaneously shutting those wells down, they must have had a pressure surge in the system that caused a subsequent main break on Crossroads Boulevard out near where the old Hardee's building was located. That main break has been repaired and the main break on Ridgeway has been isolated. There is one customer still without water and hopefully they will have that repaired and back in service tomorrow. There is a substantial amount of damage on Ridgeway Avenue, and the Water Works will have to put a temporary repair in there and then permanently repair it next construction season. Mayor Hurley asked if Ridgeway is open to traffic. Mr. Clark responded the westbound lanes are open to traffic, but the eastbound lanes are closed. Mayor Hurley stated as a citizen, particularly as an elected official, he appreciates more than he ever did what it takes to keep a city going. Mayor Hurley stated water, especially, is so basically important to us, and he appreciates all the Water Works did, and he knows they got help from other city departments. • • January 22, 2007 Page 7 Oral Presentations continued Mr. Clark stated the Street Department was on the spot for them after a very tough day, as they had a long day with all the snow to remove. They were out there at a moment's notice to spread some salt to control the ice as necessary, so they as well as the Water Works' crew had an awful long night and an awful long day today. Getty/Welper that the above oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. ADJOURNMENT 124831 - Gunderson/Welper that the Council adjourn at 6:06 p.m. Ayes: Six. Absent: Greenwood. Motion carried. Nancy Eckert, CMC City Clerk