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HomeMy WebLinkAboutMinutes-11/04/2002• 1 November 4, 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, November 4, 2002. Mayor John R. Rooff in the Chair. Roll Call: Berry, Welper, Greenwood, Clark, Jordan, Getty. Absent: Hurley. Invocation by: Ned DeBerg, Fire Chief. Pledge of Allegiance: Tom Jennings, Police Chief. ORAL PRESENTATIONS 117695 - Bill Bartels, 646 Summit Avenue, stated he read an article in the Waterloo Courier that the city received free $2 million paid by federal taxes and a $8.65 million loan guarantee and asked how does that work and do they guarantee to pay back if the city fails. Mayor Rooff responded this means they will float the bonds because the city already has $12 million in Brownfields funds. They will provide the loan guaranty because the city has Community Development funds coming in every year. Mayor Rooff stated the city will have to find a mechanism to pay back the loan, and that is all part of the negotiations. Mr. Bartels stated that the city could spread the HUD loan over a long time and may not have to use bonds, and maybe could use the funds received from the Black Hawk County Solid Waste Commission. Mayor Rooff stated the city will negotiate with the federal government to see what we can do. Mayor Rooff explained all the funds and grants the city has received. Mayor Rooff stated the city is just trying to push redevelopment in the city and redevelopment of the north area. The real interest is to clean up the neighborhoods. Mr. Bartels stated that Mayor Rooff has said that everyone said to fix the river, but all these funds are for the Riverfront Plaza and the Rath Neighborhood. Mayor Rooff responded it will all be negotiated with HUD and then the city will know what it can do. Patrick Price reported that he purchased property for $58,000.00 and now it has been assessed for $88,000.00. Mr. Price stated that when a person buys property at one price, that person should not have the property assessed at a higher value. Mayor Rooff responded that the Black Hawk County Assessor does the assessment on property, and there are hearings to look at the assessed value. Mayor Rooff asked Mr. Price if he has shared his thoughts with the Black Hawk County Supervisors. Mr. Price responded that he has talked to the Black Hawk County Supervisors, and they have looked at the property, but he would like Mayor Rooff to talk to the Supervisors. Julius Green reported that the last time he appeared before the council regarding property he owns, Community Development said they would release the property, but he has not heard from them. Mayor Rooff asked Mr. Green to wait and meet with Rich Earles, Community Development Director, after the council meeting. Mayor Rooff reported that Waste Management Services began picking up leaves today and will continue for the next two weeks. Some citizens have called and said their leaves are in plastic bags. Citizens can take leaves/brush to the free dumpsite located at 3505 Easton Avenue inside the Waste Management Services Treatment Plant. The hours are 7:00 a.m. to 4:00 p.m. daily, including Sunday and Saturday with the exception of Monday, November 11, from now until November 17. Citizens with plastic bagged leaves at curbside may utilize the free drop site or they can call Waste Management Services after November 17 for curbside collection at fifty cents per bag, which will be assessed to their garbage bill. All other yard waste collection ends November 15, 2002. Getty/Jordan that the above oral comments be received and placed on file. Ayes: Six. Absent: Hurley. Motion carried. 117696 - Jordan/Clark that the Agenda, as proposed, for the Regular Session on Monday, November 4, 2002, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Hurley. Motion carried. November 4, 2002 Page 2 117697 - Jordan/Clark that the Minutes, as proposed, for the Regular Session on Monday, October 28, 2002, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Hurley. Motion carried. Councilperson Deb Berry read a proclamation declaring November 17-23, 2002, as American Education Week. Mayor Rooff and Police Chief Tom Jennings presented the Department Medal of Valor to Police Officer Jeremy Pohl. CONSENT AGENDA 117698 - Jordan/Clark that the following items on the consent agenda be received, placed on file and approved: a. Paul Huting, Leisure Services Director, to attend National Recreation and Park Association Public Golf Management Institute and Trade Show in Fort Myers, Florida, on November 30 -December 7, 2002, with costs not to exceed $1,582.50. b. Beer/Wine License Permit Application Special Class C Highway 63 Diner, 3030 Marnie Avenue (New) (Expires 11/4/03) c. Beer/Liquor License Permit Application Class C The Ground Round, 1425 East San Marnan Drive (Renewal) (Expires 11/26/03) (Includes Sunday Sales) Packer's Inn, 201 Rath Street (Renewal) (Expires 10/31/03) (Includes Sunday Sales) d. Beer License Permit Application Class B La Michuacana Restaurant, 1221 Franklin Street (New) (Expires 10/26/03) (Includes Sunday Sales) e. Beer License Permit Application Class C Crossroads 76, 2035 Mitchell Avenue (Renewal) (Expires 12/17/03) (Includes Sunday Sales) f. Dance License Application La Fiesta, 3551 University Avenue g Report of the City Attorney and list of bonds filed with the City Clerk through November 4, 2002, be received, placed on file and report and bonds be approved. Ayes: Six, with Councilperson Clark abstaining on all beer and liquor license permit applications. Absent: Hurley. Motion carried. PETITIONS FROM PUBLIC 117699 - Getty/Jordan that communication from Police Chief transmitting request of Main Street Waterloo to hold annual Holiday Parade, with route to begin at parking area under Highway 218 and 4th Street, from 4th Street to Mulberry Street, Mulberry Street to 5th Street, 5th Street back to parking area under Highway 218 viaduct in conjunction with "Downtown Lights the Night" event on December 7, 2002, from 6:00 p.m. - 8:00 p.m. be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2002-649. • November 4, 2002 • DOCUMENTS 117700 - Welper/Greenwood Page 3 that communication from Senior Planner transmitting application for Brenda Ohlenkamp for tax exemptions on improvements totaling $147,378.00 for property located at 1130 Ann 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: Six. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2002-650. 117701 - Jordan/Getty that communication from Assistant City Planner transmitting Final Plat of Ola Rhodes Addition, together with Engineering Department's review letter, Deed of Dedication, Certificate of Survey and Staff Report, be received, placed on file and "Resolution approving said Final Plat", be adopted. Ayes: Six. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2002-651. 117702 - Greenwood/Berry that communication from Community Development Director transmitting Release of Real Estate Mortgage with Richard and Linda Johnson for payment of economic development loan for property located at 100-108 East Fifth Street 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: Six. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2002-652. 117703 - Berry/Welper that communication from Community Development Director transmitting an application with the U.S. Department of Housing and Urban Development for Economic Development Initiative Special Purpose Grant funds in the amount of $500,000.00 to be used for housing rehabilitation, community policing and public facilities and improvements be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2002-653. 117704 - Clark/Jordan that communication from Community Development Director transmitting amendment to U.S. Department of Housing and Urban Development Economic Development Initiative (EDI) Grant Agreement in the amount of $498,900.00 in conjunction with the Rath Brownfields Remediation Project with $398,900.00 to be used for housing rehabilitation and $100,000.00 for community policing efforts be received, placed on file and "Resolution approving said amendment", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2002-654. 117705 - Berry/Welper that communication from City Planner transmitting Change Order No. 2 for a net increase in the amount of $130,000.00 for work to be performed by Howard R. Green Company in assisting with implementation of U.S. Environmental Protection Agency Brownfield Pilot Program in conjunction with Brownfields Assessment Demonstration Pilot 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 Jordan stated he wants the area to be cleaned up, but he is concerned that the city will spend $130,000.00 and someone else profits. Councilperson Jordan stated he would like to get control of the land and then clean it up. The city has laws and could go after this man. Councilperson Jordan stated he could not in good conscience vote yes on the change order. Councilperson Jordan stated he feels the city needs to get the property, and we have never done it this way before. November 4, 2002 Page 4 DOCUMENT CONTINUED Mayor Rooff responded that this will characterize the amount of contamination, and the property owner will not profit from this. Mayor Rooff stated he believes the city needs to move forward. The city knows the property is contaminated and this will detail the contamination. Don Temeyer, City Planner, stated we have only done it this way before in the Brownfields area when the city cannot get investments. The best thing that happens is we get redevelopment in the area. Mr. Temeyer stated the city wants someone to get the property and make money and today we won't because they know it is contaminated. Councilperson Berry stated she understands what Councilperson Jordan is saying, but people are tired of the condition of the property. Councilperson Berry stated she attended a meeting last Saturday and citizens voiced their concerns regarding this property and are ready for the city to move forward. Councilperson Berry stated tabling this item will just delay the city. Councilperson Jordan stated that other convenience stores will want the city to investigate if their property is contaminated, and that we cite these types of properties every day. Mr. Temeyer responded that the Environmental Protection Agency (EPA) is the city's partner in deciding going into this neighborhood. Mr. Temeyer stated that convenience stores are under a different program, and that this is commercial property. Mr. Temeyer stated the property is so bad now that no one will touch it. Councilperson Getty stated the city needs to take a stand and go after the property owner. The property owner should be required to cut down the weeds and demolish the dilapidated buildings. Councilperson Getty stated he does not feel the city should spend money on property it doesn't own. Mayor Rooff stated that everyone agrees that we do not want to unduly enrich the property owner. A lot of property owners want to know how this property is affecting them. Mayor Rooff stated he thinks spending $130,000.00 is worth it to put the citizens minds at rest. Councilperson Berry stated it also concerns her that the property owner has not been cited, but we cannot put the project on hold and jeopardize the kids and residents, and she feels the city needs to move forward. Mr. Temeyer stated that this will get the city in line to do the site. If the property owner does not allow the city the city to do this, the city will proceed to court. Mayor Rooff suggested securing the $130,000.00 and working with the council to make sure everything is done appropriately. Councilperson Jordan asked if Mayor Rooff was saying the city would not spend a dime of this money until the city has ownership. Mayor Rooff responded at least until we get the property owner to do something. Mr. Temeyer reported that the current property owner did not contaminate the property, he is the tax certificate purchaser. Construction Machinery Company contaminated the property, and the city cannot start demolition until we know what contamination is on the property. Councilperson Clark stated he feels the city should move forward as we are just determining how contaminated the property is using federal funds. Councilperson Greenwood stated he feels the city needs to proceed and get our arms around this to see if the contaminants are there and see how the city can remediate the property. Councilperson Greenwood stated he feels the city needs to figure out what our plan of action will be, and he does not think the property owner will benefit financially. Councilperson Jordan stated he paid $50,000.00 for the former Johnson Street apartments, and then he got a letter from the city. He had to board up the building and get rid of the asbestos. Councilperson Jordan asked should the property owner benefit from this. No one wanted to touch the Johnson Street apartments. Councilperson Jordan stated he does not think the city should use tax dollars and someone else profits from it. Mayor Rooff stated there are funds available for this project because of the property location and the severity of the contamination. We will not spend that money until we get assurance the property owner will not profit. Following comments a vote was taken on the above motion with the following result. Ayes: Four. Nays: Jordan, Getty. Absent: Hurley. Motion carried. • • November 4, 2002 • • DOCUMENTS CONTINUED 117706 - Clark/Jordan Page 5 that communication from Associate Engineer transmitting Supplemental Agreement No. 2 with Earth Tech, Inc. for professional services in conjunction with final design of 18th Street Bridge Replacement and Approach Roadway, Contract No. 622, BRM -8155(650)-8N-07, at a total cost of $412,800.00, with local match of $82,560.00, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2002-655. 117707 - Berry/Welper that communication from Assistant City Planner transmitting an agreement with the Federal Highway Administration, Iowa State Historic Preservation Office and Iowa Department of Transportation in conjunction with 18th Street Bridge Replacement and Approach Roadway, Contract No. 622, to properly document the bridge per standards set by the State Historic Preservation Office prior to demolition of the bridge be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2002-656. RESOLUTIONS TO BE ADOPTED 117708 - Getty/Jordan that "Resolution authorizing reallocation of $11,775.00 from GO Bonds to City Clerk Office Furniture/Equipment and $2,000.00 from GO Bonds to Land Acquisition", be adopted. Ayes: Six. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2002-657. BILLS PAYMENT 117709 - Jordan that "Resolution approving Schedule AP640, pp. 1-72, dated November 4, 2002, in the amount of $1,675,071.63, 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: Six. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2002-658. NEW BUSINESS 117710 - Getty/Jordan that communication from Assistant City Planner transmitting changes to the Zoning Ordinance, as amended, as it pertains to requiring newly developed residential and commercial areas to screen dumpsters, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as December 2, 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: Six. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2002-659. ADJOURNMENT 117711 - Jordan/Berry that the Council adjourn at 6:16 p.m. Ayes: Six. Absent: Hurley. Motion carried. Nancy Eckert City Clerk