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HomeMy WebLinkAboutMinutes-03/03/2008• • March 3, 2008 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 3, 2008. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Moment of Silence. Pledge of Allegiance: Michelle Weidner, Chief Financial Officer. 126690 Reggie Schmitt/Cole that the Agenda, as proposed, for the Regular Session on Monday, March 3, 2008, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 126691 - Reggie Schmitt/Cole that the Minutes, as proposed, for the Regular Session on Monday, February 25, 2008, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 126692 - Reggie 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. 1-64, dated March 3, 2008, in the amount of $1,755,392.90, 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. 2008-156. 2. Communication from Police Chief transmitting request of Peregrine Charities to hold Peregrine Charities Triathlon on September 28, 2008 starting at 7:30 a.m., including one mile swim, 22 mile bike ride on Waterloo, Cedar Falls and Black Hawk County roads and six mile run on trails through George Wyth Park and Hartman Reserve. Resolution adopted and upon approval by Mayor assigned No. 2008-157. b. Motion -to approve the following: 1. Rudy Jones, Community Development Director, to attend Iowa NAHRO Annual Conference in Des Moines, Iowa on April 16-18, 2008, with costs not to exceed $630.00, including use of city vehicle. c. Beer/Liquor License Permit Application Class C Fortune's, 328 Elm Street (Renewal) (Expires 3/27/09) (Includes Sunday Sales) Catherine Doyle's Pub, 504 Sycamore Street (Renewal) (Expires 3/7/09) (Includes Sunday Sales) Beck's Pub and Grille, 3295 University Avenue (Renewal) (Expires 3/24/09) (Includes Sunday Sales and Brew Pub) d. Beer/Wine License Permit Application Special Class C Waterloo Bucks, 850 Park Road (6 months -3/24/08 - 9/24/08) (Includes Sunday Sales) e. Outdoor Service Area Application Fortune's, 328 Elm Street Waterloo Bucks, 850 Park Road f. Fireworks Display Application Waterloo Bucks, Riverfront Stadium on May 29, July 11, July 12, August 11, 2008 g. Bonds. March 3, 2008 Consent Agenda continued Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood asked if any of the dates requested by the Waterloo Bucks on the fireworks display application were a school night. Mayor Hurley responded May 29 is a Thursday night. Councilperson Greenwood commented that he is a supporter of the Bucks, but last year he received calls from people when the fireworks were on a school night complaining that the fireworks disrupted the family life. Mayor Hurley explained that the application has them going off at 9:30 p.m. and lasting about 15 minutes. Mayor Hurley commented that May 29 is opening night for the Waterloo Bucks and its a pretty important night. Councilperson Cole commented that fireworks have existed for years and years and years. Occasionally we have them on a week night, and it would seem to her that maybe the Bucks could tell people that it was going from 9:30 to 9:45 p.m. That maybe they should close the windows and put cotton in their ears rather than ruin it for the vast majority of people who would like to celebrate the Bucks opening night. Page 2 Mayor Hurley noted that Riverfront Stadium is wide open on three sides, and the neighborhood to the north has existed for a long time, Mayor Hurley stated the city recognizes that it is disruptive and inconvenient for some, but he thinks in the spirit of community quality of life, opening night at the ballpark is something that is celebratory and is traditional. Councilperson Reggie Schmitt noted that this application has a put a time for the fireworks. Previous applications did not state a time, and there were occurrences where they went into extra innings and then fired them off at 1:00 a.m., but now with the time on the application everybody knows its going to be between 9:30 and 9:45 p.m. Councilperson Getty stated he thinks this is a good compromise and it sounds good on paper, but if the ball game isn't over until 10:00 or 10:15 p.m., that is when they will shoot them off. The Bucks are not going to stop a ball game at 9:30 p.m. in the top of the eighth inning to shoot off fireworks. Following comments a vote was taken on the above motion with the following result. Ayes: Seven, with Steve Schmitt abstaining on payment to Schmitt Telecom in the amount of $1,042.50. Motion carried. HEARINGS & BIDS 126693 - Getty/Greenwood that proof of publication of notice of public hearing on F.Y. 2008 Street Reconstruction Program, Contract No. 736, as published in the Waterloo Courier on February 15, 2008, be received and placed on file. Ayes: Seven. Motion carried. 126694 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Cole that the hearing be closed. Ayes: Seven. Motion carried. 126695 - Getty/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2008 Street Reconstruction Program, Contract No. 736", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-158. 126696 - Getty/Greenwood that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-159. • . • • March 3, 2008 Hearings & Bids continued Page 3 126697 - Getty/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Aspro, Inc. and Its Subsidiary, Waterloo, Iowa 5% $3,159,413.78 Ayes: Seven. Motion carried. 126698 - Getty/Hart that proof of publication of notice of public hearing on General Obligation Bond Demolition Project, 93 and 97 Vinton, 156 -D -GO -03-03-08, as published in the Waterloo Courier on February 15, 2008, be received and placed on file. Ayes: Seven. Motion carried. Bid Bond Bid Amount 126699 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed. Ayes: Seven. Motion carried. 126700 - Getty/Hart that "Resolution confirming plans, specifications, form of contract, etc. in conjunction with General Obligation Bond Demolition Project, 93 and 97 Vinton, 156 -D -GO -03-03-08", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-160. 126701 - Getty/Hart that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-161. 126702 - Getty/Hart to receive, file and instruct City Clerk to open and read bids and refer to Contracts and Grants Coordinator for review: Bidder Base Bid Alternate Bid Total Lehman Trucking & Excavating $204,400.00 $4,375.00 $208,775.00 Waterloo, IA Peterson Contractors, Inc. $129,000.00 $5,200.00 $134,200.00 Reinbeck, IA D.W. Zinser Co., Inc. $119,500.00 $500.00 $120,000.00 Walford, IA Ayes: Seven. Motion carried. HEARINGS 126703 Steve Schmitt/Welper that proof of publication of notice of public hearing on request of Deer Creek Development to rezone from "M -2,P" Planned Industrial District to "B -P Business Park approximately 119 acres of land generally located west of 2015 West Ridgeway Avenue and north of 3250 Greyhound Drive for the purpose of establishing a business park development, as published in the Waterloo Courier on February 22, 2008, be received and placed on file. Ayes: Seven. Motion carried. March 3, 2008 Hearings continued 126704 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Page 4 Steve Schmitt/Welper that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 126705 Steve Schmitt/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 396 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 126706 - Steve Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 126707 - Steve Schmitt/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 396 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4899. PETITIONS FROM PUBLIC 126708 - Hart/Reggie Schmitt that communication from Senior Planner transmitting request of Mike Reimer for a minor site plan amendment to the "R -3,R -P" Planned Residence District for property generally located at the northwest corner of Hummingbird Circle and Sarah Drive, directly south of Wal-Mart and Hy -Vee grocery store, 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. 2008-162. 126709 - Reggie Schmitt/Cole that communication from City Planner transmitting request of Grainger, Inc. on behalf of Leondorf LLC for a site plan amendment to the "B -P" Business Park District to construct a 40,000 sq. ft. office building, with 20,000 sq. ft. future expansion, on property generally located at the southeasterly corner of Ansborough Avenue and San Marnan Drive, be received, placed on file and "Resolution setting date of hearing as March 17, 2008, 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. 2008-163. DOCUMENTS 126710 Cole/Welper that communication from Police Chief transmitting Letter of Agreement with Pathways Behavioral Services, Inc. for a grant in the amount of $2,500.00, with no required match, for enforcement of underage drinking laws, be received, placed on file and "Resolution approving said letter of agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-164. • • • • Page 5 March 3, 2008 Documents continued 126711 Cole/Welper that communication from Leisure Services Director transmitting application with Iowa Department of Natural Resources for LAWCON (Land and Water Conservation Fund) grant in the amount of $50,000.00 for development of Mark's Park near the Waterloo Center For The Arts, be received, placed on file and "Resolution approving said application", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-165. 126712 - Cole/Welper that communication from Senior Planner transmitting addendum to temporary construction easement for total compensation of $1,670.69 for trees to be removed on property located at 629 West Donald Street as part of the Donald Street Recreational Trail project, be received, placed on file and "Resolution approving said addendum to temporary easement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-166. 126713 - Cole/Welper that communication from Assistant City Engineer transmitting acceptance of plat improvements for Nottingham Second Addition, be received, placed on file and "Resolution approving said improvements", be adopted and two year maintenance bond from Peterson Contractors, Inc. be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-167. 126714 - Cole/Welper that communication from City Planner transmitting agreement with Roberta Wagner to lease approximately 8 acres of property generally located along Bishop Avenue, just south of the Blowers Creek drainage way at a rate of $600.00 per year, 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. 2008-168. RESOLUTIONS TO BE ADOPTED 126715 - Welper/Reggie Schmitt that "Resolution fixing date of hearing as March 17, 2008 at 5:30 p.m. in the City Hall Council Chambers on authorization and issuance of a variable/fixed rate note in the amount not to exceed $2,970,000.00 under the contract for loan guarantee assistance dated September 19, 2006 between the City of Waterloo and the U.S. Department of Housing and Urban Development to finance the River Walls reconstruction portion of the Cedar River Dam, to be repaid using Black Hawk County Solid Waste distributions", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-169. ORDINANCES TO BE ADOPTED 126716 - Reggie Schmitt/Cole that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 5-1B-1, Definitions, Section 5-1B-4 Dangerous Dogs Prohibited, and Section 5-1B-6, Restrictions on Possession of Animals, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations; and enacting in lieu thereof new Section 5-1B-1, Definitions, Section 5-1B-4 Dangerous Dogs Prohibited, Section 5-1B-6, Restrictions on Possession of Animals, and Section 5-1B-7, Registration of Potentially Dangerous Dogs, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations (new definitions, violation registry, new section on potentially dangerous dogs)", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. March 3, 2008 Ordinances to be Adopted continued 126717 - Reggie Schmitt/Cole Page 6 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nays: Steve Schmitt. Motion carried. 126718 Reggie Schmitt/Cole that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 5-1B-1, Definitions, Section 5-1B-4 Dangerous Dogs Prohibited, and Section 5-1B-6, Restrictions on Possession of Animals, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations; and enacting in lieu thereof new Section 5-1B-1, Definitions, Section 5-1B-4 Dangerous Dogs Prohibited, Section 5-1B-6, Restrictions on Possession of Animals, and Section 5-1B-7, Registration of Potentially Dangerous Dogs, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations (new definitions, violation registry, new section on potentially dangerous dogs)", be considered and passed for the third time and adopted. Ayes: Six. Nays: Steve Schmitt. Ordinance adopted and upon approval by Mayor assigned No. 4900. NEW BUSINESS 126719 - Greenwood/Reggie Schmitt that communication from Senior Planner transmitting request to vacate the alleys generally located between West 3rd Street and West Park Avenue, and between Commercial Street and Washington Street to allow for construction of the Waterloo RiverLoop Expo as part of the Waterloo Downtown Redevelopment Master Plan, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as March 17, 2008, at 5:30 p.m. in the City Hall Council Chambers on the above described development agreement", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-170. 126720 - Cole/Reggie Schmitt that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $388.54 for work performed by the Water Works at 619 Anthony Street, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-171. ORAL PRESENTATIONS 126721 Tim Wilcox, 52 Lafayette Street, spoke regarding the pothole problem, which he feels is disgusting in the city, and a lot of citizens have had it up to their necks with the pot hole situation. He also has damage to his car because of the potholes and raised holy cane about it today, but he doesn't expect the city to do anything about it so he went out on his own today and was able to gather a group of people who are willing to volunteer their time to help out when the weather cooperates to try to fill the potholes in this city. Mr. Wilcox feels almost every street is nothing but potholes, even his alley where he has been putting sand in the potholes but it has not helped. Mr. Wilcox stated he knows the weather is preventing the potholes from being filled, but feels there has to be a way to try to put a dent in them so no more cars get damaged. Mr. Wilcox commented that Mayor Hurley mentioned for citizens to find alternate routes, but that is getting impossible because what other routes can you find except to drive up on the sidewalk or grass to avoid a pothole, and we can't do that. Mayor Hurley commented that he doesn't think there is a person in this city or the Cedar Valley or the state who would disagree with Mr. Wilcox. It is not unique to Waterloo, but what we have unique in Waterloo are folks like Mr. Wilcox who will come forward to volunteer. Mayor Hurley asked Mr. Wilcox after the meeting to meet with Councilperson Steve Schmitt who is involved in bringing volunteers together. We have the materials, the trucks, and the safety vests. • • March 3, 2008 Oral Presentations continued Mr. Wilcox stated he spoke to about 30 to 40 people today, most of them are UNI students, who are willing to join with city crews to try to temporarily put a dent in the potholes. Mr. Wilcox commented that he stopped by Scott Jordan's company today but was unable to speak him. He also went to the city garage this afternoon but was unable to speak to Steve Decker until tonight when he spoke briefly with him about a couple of ideas. Anthony Shawn Hayes, Sr., 1112 Columbia Street, stated he is the owner of the Last Level Lounge, 118 E. 11`h Street, and there have been signs posted on the corner of 11th Street and Sycamore Street stating no parking from 6:00 p.m. to 5:00 a.m., and his business hours are from 8:00 p.m. to 2:00 a.m. Mr. Hayes asked if it would be possible to change those times due to the time frame for his business hours. Page 7 Mayor Hurley responded those signs have just been put in at the request of the neighbors and because of some trouble in that area. Councilperson Hart reported that late Saturday night, he received several calls from some people who were a little upset because their cars were actually towed. They weren't ticketed, they were actually towed and a couple of them didn't understand why their cars were towed instead of ticketed because it doesn't say a tow zone on the sign. Councilperson Hart commented that it is a transition also because it just went from night and day within the past couple of weeks. Tom Jennings, Police Chief, reported there were four vehicles ticketed and towed because they were parking on both sides of the street and blocking the street, and even without the signs you can't park in the street and block the street. It doesn't allow public safety vehicles to get through, and on that particular case they were there from 11:30 p.m. to 1:00 a.m. trying to get cars moved and they started towing vehicles after about 45 minutes. They are parking on both sides of the street, they are parking in the street and they are basically shutting down the 1300 block of Sycamore Street, and because of complaints from other neighbors, they towed the vehicles. Mr. Hayes commented that the complaints he received from the people are they understand that from 6:00 p.m. to 5:00 a.m. you are not suppose to park there. They did, they paid for it, but they paid for it by being towed without the sign stated a towing zone. Mayor Hurley commented that he doesn't know if the city's traffic ordinance says we have to have a sign that says towing, but when it says no parking probably one of the measures for dealing with the no parking includes towing. Mr. Hayes commented that is mostly a business area with the Waterloo Food Bank, Powers Industry and Crystal Ice Distribution and really not much residence, and he is trying to figure out who is complaining as a resident. There are only a couple of houses that are listed on Sycamore Street. Mayor Hurley noted the complaint could have come from any resident, but it is also the responsibility of law enforcement to watch those parking zones, and there have been complaints in that area. When the street is blocked, fire trucks, ambulances and police cars can't get through when it gets serious. Mayor Hurley commented that if Mr. Hayes wants this changed, he would have to convince at least four council members who recently enacted the ordinance to change it; otherwise it is as it is. Mr. Hayes commented he understands in case of an emergency, the police and fire departments and ambulances have to get to his business. He just feels that it is focused on his business. He does have access ways from the front and rear of his building. As far as the street, he doesn't know what to say other than widening the street. Mayor Hurley stated he can say with some assurance that it is not focused on Mr. Hayes' business, it is focused on keeping the street open and addressing the complaints. Mayor Hurley suggested giving this a change as it has only been a month, lets see how it works. If this doesn't work, then Mr. Hayes can ask his councilperson or any councilperson to get the wheels cranking to do another adjustment. Councilperson Hart noted that the OP Traffic, and he asked if it is going to tow as the way it was done the regarding the OP it has to be 30 days yes it will be the same. was another one that council worked with to be standard practice that we are going other night. Chief Jennings responded from the time it posted in the paper, but March 3, 2008 Oral Presentations continued Renee Carson, 1108 Vine Street and representing Common Ground Neighborhood Association, commented they know there is nothing the city can do, but they want it to be known how they feel about them trying to close Longfellow School. Ms. Carson stated they feel that Longfellow School is an asset to the East Side of Waterloo and their neighborhood, and they are devastated that they are trying to close it. Ms. Carson reported there will be a town hall meeting Thursday, March 6, 2008 at 7:00 p.m. at Payne AME Church Fellowship Hall at 1044 Mobile, and they would appreciate any support the city can give them. Even just showing up, because just the city's presence there would let them know that the city is behind them in their endeavor of saving the neighborhood school. Page 8 Russell Morison, 800 Easton Avenue, commended the council for passing a fair animal/dog ownership ordinance. Mr. Morrison commented he would just like to emphasize that if the city starts to target certain breeds that they do that with an open mind. Mr. Morrison noted that he has a terrier breed that comes with them in the summer and she is a people's dog. She is a 45 pound lap dog, and sometimes little dogs go after her and she gets annoyed, but she is a peaceful dog. Some mothers, when they push their kids down the street, they grab their kids up in their arms because they think she is a pit bull or something, but she is a well-mannered dog, and he would just ask the council not to target certain breeds. Mr. Morrison stated he thinks what the city has in place is good with targeting problem owners and giving them several chances to contain their pets or get them better secured indoors or with a better fence and those sorts of things. Mr. Morrison noted he registered his pet because he is here enough during the summer. Getty/Cole that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 126722 - Reggie Schmitt/Cole that the Council adjourn at 6:14 p.m. Ayes: Seven. Motion carried. Nancy ert, CMC City erk • •