HomeMy WebLinkAboutMinutes-12/16/2002December 16, 2002
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 16, 2002. Mayor John R. Rooff
in the Chair. Roll Call: Berry, Welper, Greenwood, Clark, Jordan, Hurley, Getty.
Invocation by: Rudy Jones, Interim Community Development Director
Pledge of Allegiance: Sandie Greco, Superintendent of Traffic Operations.
ORAL PRESENTATIONS
117811 - Forest Dillavou, 1725 Huntington Road, reported that three weeks ago he
contacted the Traffic Operations Department and reported that the street light
was not working in the area of the John Deere Engine Plant and University
Avenue. Mr. Dillavou stated he has called the Traffic Operations Department
three times since then to report that the light still has not been repaired.
Mr. Dillavou stated that he contacted MidAmerican Energy and they have not
received a call from the city to repair the light.
Jordan/Berry
that the above oral comments be received and placed on file. Ayes: Seven.
Motion carried.
117812 - Getty/Jordan
that the Agenda, as proposed, for the Regular Session on Monday, December 16,
2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
117813 - Getty/Jordan
that the Minutes, as proposed, for the Regular Session on Monday, December 9,
2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
Mayor Rooff read a proclamation declaring December 16-21, 2002, as Battle of
the Bulge Week.
CONSENT AGENDA
117814 - Hurley/Jordan
that the following items on the consent agenda be received, placed on file and
approved:
a. John R. Rooff, Mayor, to attend 71st United States Conference of Mayors
meeting in Washington, D.C. on January 22-24, 2003, with costs not to exceed
$1,733.00.
b. Mike Jenn, Captain/Medical Supervisor, and Pat Treloar, Community Services
Coordinator, to attend National Academy classes in Emmitsburg, Maryland, on
January 18 -February 1, 2003 with costs not to exceed $396.00, including use
of city vehicle.
c. Cammie Scully, Executive Director of Cultural & Arts Commission, and Kent
Shankle, Curator, to meet with artists and curators regarding upcoming
exhibits and attend Frank Lloyd Wright exhibit in West Lafayette, Indiana
and Chicago, Illinois on February 1-5, 2003, with costs not to exceed
$695.00, including use of city vehicle.
d. Beer License Permit Application
Class C
Adams Supermarket, 1010 E. Mitchell Avenue (Renewal) (Expires 1/9/04)
(Includes Sunday Sales)
Kwik Stop, 1761 Independence Avenue (New Owner) (Expires 5/13/03) (Includes
Sunday Sales)
Food Pride, 2834 Ansborough Avenue (Renewal) (Expires 12/18/03) (Includes
Sunday Sales)
Express Super Value, 1975 Franklin Street (Renewal) (Expires 12/14/03)
(Includes Sunday Sales)
e. Wine License Permit Application
Class B
Adams Supermarket, 1010 E. Mitchell Avenue (Renewal) (Expires 1/9/04)
(Includes Sunday Sales)
Express Super Value, 1975 Franklin Street (Renewal) (Expires 12/14/03)
(Includes Sunday Sales)
December 16, 2002 Page 2
Consent Agenda - Continued
f. Liquor License Permit Application
Class E
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Kwik Stop, 1761 Independence Avenue (New Owner) (Expires 5/13/03) (Includes
Sunday Sales)
Food Pride, 2834 Ansborough Avenue ;(Renewal) (Expires 12/18/03) (Includes
Sunday Sales
Wine License Permit Application
Class B
Kwik Stop, 1761 Independence Avenue (New Owner) (Expires 5/13/03) (Includes
Sunday Sales)
Food Pride, 2834 Ansborough Avenue (Renewal) (Expires 12/18/03) (Includes
Sunday Sales)
h. Application for Vehicle for Hire Business License
Metro Taxi, Inc., 1408 Black Hawk Street
Ayes: Seven, with Councilperson Clark abstaining on all beer and liquor
license permit applications. Motion carried.
HEARINGS AND BIDS
117815 - Jordan/Hurley
that proof of publication of notice of public hearing on Vehicle for Waterloo
Fire and Rescue, as published in the Waterloo Courier on December 10, 2002, be
received and placed on file. Ayes: Seven. Motion carried.
117816 - This being the time and place of public hearing the Mayor called for written
and oral objections and there were none.
Jordan/Greenwood
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Seven. Motion carried.
117817 - Getty/Greenwood
that "Resolution confirming approval of bid document in conjunction with
Vehicle for Waterloo Fire and Rescue", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-716.
117818 - Greenwood/Welper
that "Resolution authorizing to proceed in conjunction with above said vehicle
purchase", be adopted. Ayes: Seven
Resolution adopted and upon approval by Mayor assigned No. 2002-717.
117819 - Hurley/Berry
to receive, file and instruct City Clerk to open and read bids and refer to
Fire Chief for review:
Bidder Total Bid
Rydell Chevrolet
Community Motors
Dick Witham Ford
Ayes: Seven. Motion carried.
HEARINGS
117820 - Getty/Clark
$33,276.00
$36,716.66
$30,186.00
that proof of publication of notice of public hearing on request of Cedar
Valley Corporation to vacate, sell and convey property generally located at the
southwest corner of Broadway Street and Wagner Road for $500.00, as published
in the Waterloo Courier on December 10, 2002, be received and placed on file.
Ayes: Seven. Motion carried.
117821 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
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December 16, 2002
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Hearings - Continued
Page 3
Councilperson Welper stated that this property is valued at $1,291.08 and the
city is selling it for $500.00, and he asked how the selling price will affect
the taxes.
Jim Walsh, City Attorney, stated that the Black Hawk County Assessor will set
the assessed value.
Councilperson Getty stated that Cedar Valley Corporation just wanted enough
area to put a sign and Planning and Zoning said they would like to round the
corner and came up with this size.
Eric Thorson, City Engineer, stated that in general the Engineering Department
is opposed to these kinds of requests because the land is used for other
purposes. Mr. Thorson stated he is comfortable with this request.
A resident stated he lives next door to the rezoning request. He is not for or
against the rezoning, but he just wants to make sure the ordinance is passed
the way Planning, Programming and Zoning said with the conditions.
Noel Anderson, Assistant City Planner, stated that the C -Z rezoning requires
they build according to the site plan and the applicant has agreed to the
conditions. Mr. Anderson reported that if the applicant wanted to change the
use of the land, he would have to come back to the council.
Getty/Jordan
that the hearing be closed and recommendation of approval of the Planning,
Programming and Zoning Commission and oral and written comments be received and
placed on file. Ayes: Seven. Motion carried.
117822 - Jordan/Hurley
that "an Ordinance vacating property generally located at the southwest corner
of Broadway Street and Wagner Road", be received, placed on file, considered
and passed for the first time. Ayes: Seven. Motion carried.
117823 - Jordan/Getty
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
117824 - Berry/Jordan
that "an Ordinance vacating property generally located at the southwest corner
of Broadway Street and Wagner Road", be considered and passed for the second
and third times and adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4589.
117825 - Jordan/Clark
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. 2002-718.
PETITIONS FROM PUBLIC
117826 - Berry/Getty
that communication from Assistant City Planner transmitting request of Jason
Christens to reduce 8 foot utility easement to 5 foot for property generally
located at 2742 Crestline Avenue for the purpose of constructing a detached
garage, together with recommendation of approval of the Planning, Programming,
and Zoning Commission, be received, placed on file and "Resolution setting date
of hearing as January 13, 2003, 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. 2002-719.
December 16, 2002 Page 4
Petitions From Public - Continued
117827 - Berry/Getty
that communication from Assistant City Planner transmitting request of
homeowners to rezone from "M-1" Light Industrial District to "R-1" Residence
District property generally located at 3126, 3142, 3200, 3226, 3242 and 3252 E.
Shaulis Road to convert a legal nonconforming use to a legal conforming use be
received, placed on file and "Resolution setting date of hearing as January 13,
2003, 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 of Mayor assigned No. 2002-720.
117828 - Berry/Getty
that communication from Assistant City Planner transmitting request of Blake
Development Corporation to rezone from "R-2" One and Two Family Residence
District and "C-2" Commercial District to "C-2, C -Z" Conditional Zoning
District property generally located at the northeast corner of Ansborough and
Upton Avenues for the purpose of constructing mini -storage facility and office
building be received, placed on file and "Resolution setting date of hearing as
January 13, 2003, 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. 2002-721.
DOCUMENTS
117829 - Hurley/Welper
that communication from Fire Chief transmitting Mutual Aid 28E Agreement
between members of the Black Hawk County Firemen's Association including the
cities of Cedar Falls, Denver, Dunkerton, Evansdale, Fairbank, Gilbertville,
Hudson, Janesville, Jesup, LaPorte City, Raymond and Waterloo to provide fire
and emergency assistance when needed on a reciprocal basis be received, placed
on file and "Resolution approving said 28E Agreement", be adopted and Mayor and
City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-722.
117830 - Clark/Jordan
that communication from Senior Planner transmitting application for Esther Epps
for tax exemptions on improvements totaling $7,400.00 for property located at
2202 Plain View Street in the Consolidated Urban Revitalization Area, together
with recommendation of approval, be received, placed on file and "Resolution
approving said application", be adopted and City Clerk instructed to forward
same to County Assessor. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-723.
117831 - Clark/Jordan
that communication from Senior Planner transmitting application for Gary Shock
for tax exemptions on improvements totaling $130,000.00 for property located at
722 Creston Avenue in the Consolidated Urban Revitalization Area, together with
recommendation of approval, be received, placed on file and "Resolution
approving said application", be adopted and City Clerk instructed to forward
same to County Assessor. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-724.
117832 - Welper/Berry
that communication from City Planner transmitting application for Section 108
Loan Guarantee with the U.S. Department of Housing and Urban Development for
the Cedar Valley Riverfront Renaissance Project be received, placed on file and
"Resolution approving said application", be adopted and Mayor authorized to
execute same.
Prior to a vote on the above motion, the following comments were heard.
December 16, 2002
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Documents - Continued
Page 5
Rudy Jones, Interim Community Development Director, reported the application
allows the city to receive $8.75 million from HUD along with $2 million grant
for the Cedar Valley Riverfront Renaissance Plan.
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. 2002-725.
117833 - Berry/Greenwood
that communication from City Engineer transmitting Completion of Project and
Recommendation of Acceptance of Work performed by Mike Dolan Concrete & Masonry
of Waterloo, Iowa at a total cost of $51,194.60 in conjunction with the F.Y.
2002 Soldiers and Sailors Park, Phase II, Contract No. 644, be received, placed
on file and "Resolution approving said documents", be adopted and two-year
Maintenance Bond be received and placed on file. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-726.
117834 - Hurley/Jordan
that communication from Assistant City Planner transmitting an agreement with
Earth Tech, Inc. for professional services at a cost of $500,000.00, with city
match of $50,000.00, in conjunction with U.S. Highway 63 Corridor Study - U.S.
218 to Airline Highway, STP -U-8155(656)--70-07, 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. 2002-727.
117835 - Getty/Berry
that communication from Personnel Director transmitting four-year bargaining
agreement with Police Protective Association 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.
Jim Walsh, City Attorney, thanked the unions for their cooperation during
negotiations. This was a long process that was difficult for everyone with the
economics. The unions gave a little and the city gave a little.
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. 2002-728.
117836 - Getty/Berry
that communication from Personnel Director transmitting four-year bargaining
agreement with International Association of Firefighters Local 66 be received,
placed on file and "Resolution approving said agreement", be adopted and Mayor
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-729.
117837 - Getty/Berry
that communication from Personnel Director transmitting four-year bargaining
agreement with Municipal Employees Local 353 be received, placed on file and
"Resolution approving said agreement", be adopted and Mayor authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-730.
December 16, 2002 Page 6
RESOLUTIONS TO BE ADOPTED
117838 - Welper/Jordan
that communication from Assistant City Planner transmitting request of Schenk
Engineering to dedicate 16 foot easement generally located at the southwest
corner of Ridgeway and Kimball Avenues for sanitary sewer purposes in
conjunction with new Walgreens Store be received, placed on file and
"Resolution approving said request", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-731.
117839 - Getty/Greenwood
that "Resolution changing name of East Lake to Brinker Lake", be adopted.
Prior to a vote on the above motion the following comments were heard.
Councilperson Getty reported that when the new highway came through the Brinker
property we had to use their farm to make it a reality. Councilperson Getty
stated that the Brinkers are excited and very appreciative of changing the name
of East Lake to Brinker Lake.
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. 2002-732.
117840 - Hurley/Jordan
that communication from Chief Financial Officer transmitting F.Y. 2002 Annual
Financial Report to be filed with State Auditor, be received, placed on file
and "Resolution approving said Financial Report", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-733.
ORDINANCES TO BE ADOPTED
117841 - Clark/Jordan
that "an Ordinance amending the 2000 Traffic Code by repealing Subsection (96)
Easton Avenue and (293) Oregon Street of Section 551, Parking Prohibited At All
Times on Certain Streets; and enacting in lieu thereof new Subsections (96)
Easton Avenue and (293) Oregon Street of Section 551, Parking Prohibited At All
Times on Certain Streets (change no parking from the south side of 1500 block
of Easton Avenue to the north side and change no parking from the west side to
the east side of Oregon Avenue from Easton Avenue to E. Ridgeway Avenue)", be
received, placed on file, considered and passed for the first time. Ayes:
Seven. Motion carried.
117842 - Clark/Jordan
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
117843 - Jordan/Welper
that "an Ordinance amending the 2000 Traffic Code by repealing Subsection (96)
Easton Avenue and (293) Oregon Street of Section 551, Parking Prohibited At All
Times on Certain Streets; and enacting in lieu thereof new Subsections (96)
Easton Avenue and (293) Oregon Street of Section 551, Parking Prohibited At All
Times on Certain Streets (change no parking from the south side of 1500 block
of Easton Avenue to the north side and change no parking from the west side to
the east side of Oregon Avenue from Easton Avenue to E. Ridgeway Avenue)", be
considered and passed for the second and third times and adopted. Ayes:
Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4590.
BILLS PAYMENT
117844 - Jordan/Hurley
that "Resolution approving Schedule AP640, pp. 1-119, dated December 16, 2002,
in the amount of $2,369,355.48, a copy of which is on file in the City Clerk's
Office", be adopted, together with recommendation of approval of the Finance
Committee. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-734.
1110
December 16, 2002
NEW BUSINESS
117845 - Greenwood/Jordan
Page 7
to instruct Waterloo Housing Authority Director to prepare plans,
specifications, form of contract, etc. in conjunction with Replacement of
Heating/Air Conditioning Units at 225 W. Ridgeway Avenue be received, placed on
file and approved. Ayes: Seven. Motion carried.
117846 - Jordan/Greenwood
that plans, specifications, form of contract, etc. in conjunction with
Replacement of Heating/Air Conditioning Units at 225 W. Ridgeway Avenue, be
received and placed on file. Ayes: Seven. Motion carried.
117847 - Jordan/Welper
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with above described project", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-735.
117848 - Jordan/Berry
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. as January 21, 2003, at 5:30 p.m. in the City Hall Council
Chambers and taking of bids on the above described project", be adopted and
City Clerk instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-736.
117849 - Getty/Clark
to instruct Building Official/Maintenance Administrator to prepare plans,
specifications, form of contract, etc. in conjunction with Five Sullivan
Brothers Convention Center 2002 Renovation be received, placed on file and
approved.
Prior to a vote on the above motion, the following comments were heard.
Lou Cutwright, Building Official/Maintenance Administrator, reported that the
timeline for this project is to complete by April 20, 2003. Mr. Cutwright
stated they will coordinate all the work with events that are happening at Five
Sullivan Brothers Convention Center so that there is little inconvenience for
users of the Center.
Councilperson Getty stated he noticed there is an alternate #2 (sound system)
for the project and asked if alternate #2 will be added to the base bid. Mayor
Rooff responded that he asked Mr. Cutwright to come with any savings by working
with the Ramada Inn and to separately look at each part of the project.
117850 - Jordan/Hurley
that plans, specifications, form of contract, etc. in conjunction with Five
Sullivan Brothers Convention Center 2002 Renovation, be received and placed on
file. Ayes: Seven. Motion carried.
117851 - Jordan/Getty
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with above described project", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-737.
117852 - Getty/Greenwood
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. as January 13, 2003, at 5:30 p.m. in the City Hall Council
Chambers and taking of bids on the above described project", be adopted and
City Clerk instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-738.
December 16, 2002 Page 8
New Business - Continued
117853 - Welper/Jordan
that communication from Assistant City Planner transmitting amendments to
Zoning Ordinance as it pertains to hotel/motel density requirements and where
they are permitted be received, placed on file and "Resolution setting date of
hearing as January 6, 2003, at 5:30 p.m. in the City Hall Council Chambers on
above described request", be adopted and City Clerk instructed to publish
notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-739.
117854 - Hurley/Welper
that communication from Assistant City Planner transmitting Part C of the
Comprehensive Countywide Emergency Operation Plan for Black Hawk County,
together with recommendation of approval of the Planning, Programming and
Zoning Commission, be received, placed on file and "Resolution setting date of
hearing as January 21, 2003, at 5:30 p.m. in the City Hall Council Chambers on
the above described plan", be adopted and City Clerk instructed to publish
notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2002-740.
ADJOURNMENT
117855 - Getty/Jordan
that the Council adjourn at 6:19 p.m. Ayes: Seven. Motion carried.
NancyVEckert
City Clerk
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