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HomeMy WebLinkAboutMinutes-01/07/2002• • January 7, 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, January 7, 2002. Mayor John R. Rooff in the Chair. Roll Call: Berry, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Ibraham Shehata, Member of Islamic Community. Pledge of Allegiance: Tim Shea, Superintendent of Waste Management Services. 116295 - Jordan/Hurley that the Agenda, as proposed, for the Regular Session on Monday, January 7, 2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 116296 - Getty/Welper that the Minutes, as proposed, for the Regular Session on Monday, December 17, 2001, at 5:30 p.m. and Organization Meeting on Wednesday, January 2, 2002, at 5:30 p.m. be accepted and approved. Ayes: Seven. Motion carried. HEARINGS 116297 - Jordan/Clark that proof of publication of notice of public hearing on request of Stubblefield and Associates, Inc., on behalf of International House of Pancakes for a site plan amendment to the "S-1" Shopping Center Commercial District for property generally located at 2009 Crossroads Boulevard to construct a new restaurant, as published in the Waterloo Courier on December 27, 2001, be received and placed on file. Ayes: Seven. Motion carried. 116298 - This being the time and place of public hearing, the Mayor called for written and oral objections. Mayor Rooff read a letter received from George Warren objecting to the IHOP location. Jordan/Hurley that letter*of objection from George Warren be received and placed on file. Ayes: Seven. Motion carried. 116299 - George Warren, 3638 Inverness Road, stated that his opposition to the International House of Pancakes (IHOP) site plan amendment is strictly for financial reasons. Mr. Warren reported that according to information from Black Hawk County, the owners of the Boston Market building currently pay $28,310.00 in property tax. Mr. Warren stated that IHOP proposes to tear down the former Boston Market Restaurant building and rebuild a new building which would generate approximately the same amount of taxes. Mr. Warren stated he does not feel this is in -fill, but this is replacement. It took 25 years to get that space developed, and he suggested that IHOP move a few feet and in- fill vacant and under -taxed land. Mr. Warren stated it does not make fiscal sense to remove a building paying that much in property tax to replace it with another building that will pay the same amount of taxes. Mr. Warren stated that the following five locations within 1,000 feet of the Boston Market building would be just as suitable: 1. Across the street in Sears parking lot. 2. Next to Toys R Us. 3. Ken Lockard's new buy behind the firehouse. 4. Target's parking lot. 5. Old Kmart parking lot. Mr. Warren stated that the city needs the revenue, and IHOP should be directed to where we need them. Mr. Warren stated we need in -fill, the city needs money and this would be a painless way to generate additional money if IHOP has not already purchased the building. Councilperson Clark asked if IHOP has already purchased the property. Don Temeyer, City Planner, stated that he has not verified if IHOP owns it yet, but it does not appear that they own it. Mayor Rooff stated that this request has gone before the Planning, Programming and Zoning Commission, and they approved the request. Mr. Temeyer stated that as a member of the Planning, Programming and Zoning Commission, Mr. Warren did question the location. Mayor Rooff stated that the Planning, Programming and Zoning Commission approved the request over Mr. Warren's objection. January 7, 2002 Page 2 HEARINGS CONTINUED Councilperson Jordan asked if any other businesses are interested in this location. Mr. Temeyer responded that the city does not get involved in private purchases. Councilperson Hurley asked what authority does the Planning, Programming and Zoning Commission and the city have in directing potential commercial deals. Mr. Temeyer responded that the city only looks at the request from a technical aspect. The city has to be careful how we use regulatory requirements, and we have to have a good reason why this would not work. Jim Walsh, City Attorney, stated that if the council wishes a legal opinion they should not do it at a public meeting, but do in private consultation as anything said in public meeting could be used later against the city. Mr. Walsh stated that denying the request would be hard to defend as the property is already zoned for this type of business. Councilperson Jordan asked if the city would have any financial investment with this request,- and Mayor Rooff responded no. 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. 116300 - Jordan/Getty that "Resolution approving said site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-2. 116301 - Jordan/Welper that proof of publication of notice of public hearing on proposed changes to ward and precinct boundaries, as published in the Waterloo Courier on December 27, 2001, be received and placed on file. Ayes: Seven. Motion carried. 116302 - This being he time and place of public hearing, the Mayor called for written and oral objections and there were none. Clark/Hurley that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 116303 - Jordan/Hurley that "an Ordinance approving changes to ward and precinct boundaries", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 116304 - Clark/Berry that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 116305 - Getty/Clark that "an Ordinance approving changes to ward and precinct boundaries", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4532. PETITIONS FROM PUBLIC 116306 - Welper/Jordan that communication from Assistant City Planner transmitting request of Red Cross to vacate, sell and convey for $1.00 right-of-way generally located at the northeast corner of South Hackett Road and Sager Avenue, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as January 28, 2002, 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 adop411 tand upon approval by Mayor assi ed No. 2002-3. • January 7, 2002 Page 3 DOCUMENTS 116307 - Berry/Jordan that communication from Assistant City Planner transmitting one-year renewal agreement with Lee Rottinghaus to lease 11.01 acres of property acquired in conjunction with the Martin Luther King Jr. Drive Project for $990.00 per year be received, placed on file and "Resolution approving said lease renewal agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-4. 116308 - Berry/Jordan that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Bowers Masonry, Inc., of Waterloo, Iowa, in conjunction with F.Y. 2001 Sidewalk Repair Program -Zone 1 and Greenhill Road Recreational Trail Repair, Contract No. 631, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-5. 116309 - Berry/Jordan that communication from Building Official/Maintenance Administrator transmitting Change Order No. 5 for a net increase in the amount of $1,214.00 for work to be performed by Huff Construction Company of Waterloo, Iowa, in conjunction with Memorial Hall A.D.A. Improvements Project be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 116310 - Berry/Jordan that communication from Waterloo Water Works General Manager transmitting Release of Real Estate Mortgage for Curtis G. Hollis, 7502 Hammond Avenue, for payment of Promissory Note in conjunction with Kimball South Rural Water Main Project be received, placed on file and "Resolution approving said release of real estate mortgage", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-6. 116311 - Berry/Jordan that communication from Senior Planner transmitting application for Letha L. Curry for tax exemptions on improvements totaling $2,876.45 for property located at 752 Hall Avenue in the Consolidated Urban Revitalization Area Plan, 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. 2002-7. 116312 - Berry/Jordan that communication from Senior Planner transmitting application for Betty Mether for tax exemptions on improvements totaling $61,000.00 for property located at 1022 Calhoun Street in the Consolidated Urban Revitalization Area Plan, 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. 2002-8. 116313 - Berry/Jordan. that communication from Associate Engineer transmitting Supplemental Agreement No. 2 with Earth Tech, Inc., for additional survey work and preliminary and final design services at a cost of $40,000.00, with a city match of $13,778.00, in conjunction with Highway 218/Cedar Valley Lakes Trail, Phase I, Contract No. 584, 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. 2002-9. January 7, 2002 RESOLUTIONS TO BE ADOPTED 116314 - Hurley/Berry that "Resolution authorizing allocation of $5,000.00 of hotel/motel discretionary funds to Main Street Waterloo for sponsorship of "Downtown Lights the Night" parade, be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-10. Page 4 116315 - Hurley/Berry that "Resolution setting date of hearing as January 28, 2002, at 5:30 p.m. in the City Hall Council Chambers on sale and conveyance of property generally located at 3845 Tami Terrace for $70,000.00 to Lisa Aretha Ambrose under HUD Section 5(h) Plan for Sale of Single Family Dwellings under the Public Housing Homeownership Program", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-11. ORDINANCES TO BE ADOPTED 116316 - Jordan/Getty that "an Ordinance establishing grades in the City of Waterloo Sidewalk Repair Assessment Program -Zone 1", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 116317 - Getty/Berry that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 116318 - Welper/Clark that "an Ordinance establishing grades in the City of Waterloo Sidewalk Repair Assessment Program -Zone 1", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4533. BILLS PAYMENT 116319 - Jordan that "Resolution approving Schedule AP640, pp. 1-123, dated January 7, 2002, in the amount of $2,130,827.82, 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. 2002-12. NEW BUSINESS 116320 - Berry/Welper that communication from Waterloo Water Works General Manager transmitting request of Linda Diane Miller to certify $1,214.69 for work performed by Waterloo Water Works at 53 Lafayette Street, together with recommendation of approval of Board of Waterloo Water Works 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. 2002-13. 116321 - Hurley/Getty to instruct Leisure Services Director to prepare plans, form of contract, Request for Proposals, etc. in conjunction with Waterloo Skate Park Equipment, be received, placed on file and approved. Ayes: Seven. Motion carried. 116322 - Jordan/Welper that plans, form of contract, Request for Proposals, etc. in conjunction with Waterloo Skate Park Equipment, be received and placed on file. Ayes: Seven. Motion carried. • January 7, 2002 NEW BUSINESS CONTINUED 116323 - Getty/Jordan that "Resolution preliminarily approving plans, form of contract, Request for Proposals, etc. in conjunction with above described project", be adopted. Ayes: Seven. Page 5 Resolution adopted and upon approval by Mayor assigned No. 2002-14. 116324 - Jordan/Clark that "Resolution setting date of hearing on plans, form of contract, etc. as January 22, 2002, at 5:30 p.m. in the City Hall Council Chambers and taking of Request of Proposals 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. 2002-15. TRAVEL REQUESTS 116325 - Berry/Greenwood that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Melissa Edsill, Associate Planner, to attend Environmental Protection Agency Region 7 workshop in Kansas City, Kansas, on January 7-8, 2002, with costs not to exceed $255.00, including use of city vehicle. 2. Steven Newell, Phillip Lowrey, Shawn Moore and Joshua Wessels, Police Officers, to attend Iowa Law Enforcement Academy Basic Level I Officer Certification course in Johnston, Iowa, on January 6 - April 5, 2002, with costs not to exceed $10,998.54. Ayes: Seven. Motion carried. MISCELLANEOUS 116326 - Getty/Jordan that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: 1. Beer/Liquor License Permit Application Class C Hy -Vee, 1422 Flammang Drive (Renewal) (Expires 2/8/03) (Includes Sunday Sales) Fareway Stores, 40 W. San Marnan Drive (Renewal) (Expires 2/14/03) Elements, 320 East 4th Street (Renewal) (Expires 01/06/03) 2. Wine License Permit Application Class B Hy -Vee, 1422 Flammang Drive (Renewal) (Expires 2/8/03) (Includes Sunday Sales) Fareway Stores, 40 W. San Marnan Drive (Renewal) (Expires 2/14/03) Ayes: Seven. Motion carried. ADJOURNMENT 116327 - Jordan/Welper that the Council adjourn at 5:55 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk