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HomeMy WebLinkAboutMinutes-10/21/2002October 21, 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, October 21, 2002. Mayor John R. Rooff in the Chair. Roll Call: Welper, Clark, Jordan, Hurley, Getty. Absent: Berry, Greenwood. Invocation by: Reverend Burt, Mount Calvary Missionary Baptist Church. Pledge of Allegiance: Troop 55 - Cedar Heights School, Jeff & Justin Fox. ORAL PRESENTATIONS 117650 - Getty/Jordan A representative of the Cedar Trails Partnership invited Mayor Rooff, Council Members and staff to the Cedar Trails Partnership Annual Meeting and Celebration of the Cedar Prairie Trail Dedication on Sunday, October 27, 2002. The dedication will be held at the John Deere Supervisor's Club Parking Lot at 3:00 p.m. that the above oral comments be received and placed on file. Ayes: Five. Absent: Berry, Greenwood. Motion carried. 117651 - Hurley/Jordan that the Agenda, as amended, for the Regular Session on Monday, October 21, 2002, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Berry, Greenwood. Motion carried. 117652 - Jordan/Clark that the Minutes, as proposed, for the Regular Session on Monday, October 14, 2002, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Berry, Greenwood. Motion carried. Mayor Rooff read a proclamation declaring October 23-31, 2002, as Red Ribbon Week. Mayor Rooff read a proclamation declaring October 24, 2002, as Delta Zeta Day. CONSENT AGENDA 117653 - Jordan/Hurley that the following items on the consent agenda be received, placed on file and approved: a. Approve the following: 1. Noel Anderson, Assistant City Planner, and Wade Wagoner, Senior Planner, to attend Current Issues in Subdivision Annexation and Zoning Law seminar in Des Moines, Iowa, on December 18, 2002, with costs not to exceed $550.00, including use of city vehicle. 2. Brooke Carter, Andrew Clark, Robert Hewitt and Keith Smith, Police Sergeants, to attend Northwestern University Center for Public Safety's First Line Supervisor course in Johnston, Iowa, on November 4-8, 2002, with costs not to exceed $1,303.12, including use of city vehicle. 3. Communication from City Engineer transmitting recommendation of appointment of Tracia Reasoner to the position of Secretary, effective at a mutually agreed upon date. b. Approve the following resolution: 1. Communication from City Engineer transmitting request of Wayne Straw for a waiver for an asphalt driveway to be located at 241 Carrington Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2002-629. c. Approve the following: 1. Liquor License Permit Application Class A Club The Supervisors Club, 3265 Dewitt Road (Renewal) (Expires 11/9/03) (Includes Sunday Sales) October 21, 2002 Page 2 CONSENT AGENDA CONTINUED 2. Beer License Permit Application Class B Black Hawk Tennis Club, 1005 Black Hawk Road (Renewal) (Expires 10/31/03) (Includes Sunday Sales) 3. Wine License Permit Application Class B Citgo Broadway, 515 Broadway Street (Renewal) (Expires 10/12/03) (Includes Sunday Sales) 4. Beer License Permit Application Class C Holiday Stationstore, 1604 LaPorte Road (Renewal) (Expires 11/30/03) Includes Sunday Sales) Citgo Broadway, 515 Broadway Street (Renewal) (Expires 10/12/03) (Includes Sunday Sales) 5. Beer/Liquor License Permit Application Class C Hacienda Las Glorias III, 2822 University Avenue (Renewal) (Expires 10/14/03) (Includes Sunday Sales) Night Gallery, 708 Jefferson Street (Renewal) (Expires 10/15/03) Stinger's, 209 Jefferson Street (Renewal) (Expires 10/22/03) Sunday Sales) (Includes 6. Application for Outdoor Service Area Black Hawk Tennis Club, 1005 Black Hawk Road (11/01/02 - 10/31/03) Ayes: Five, with Councilperson Clark abstaining on all beer and liquor license permit applications. Absent: Berry, Greenwood. Motion carried HEARINGS AND BIDS 117654 Clark/Welper that proof of publication of property generally located near Jehovah's off of Greenhill Road, as published in the be received and placed on file. Ayes: Motion carried. notice of public hearing on sale and conveyance Witness Hall Pleasant Valley Drive, Waterloo Courier on October 4, 2002, Five. Absent: Berry, Greenwood. of 117655 - This being the time and place of public hearing, and oral objections and there were none. Jordan/Clark the Mayor called for written that the hearing be closed and oral and written comments be received and on file. Ayes: Five. Absent: Berry, Greenwood. Motion carried. 117656 - Hurley/Getty to receive, file and instruct City Clerk to City Planner for review. Bidder Parcel A Parcel B Randy & Michelle Cayler $29,000 Jeff & Mark Koch $20,000 Blake Development $25,100 Brian Miller $22,550 Steve Clabby $21,500 H. Mark Trunnell Ayes: Five. Absent: Berry, Greenwood. $20,000 $12,000 $13,775 $16,500 placed open and read bids and refer to Parcel C Parcel D Total $18,000 $10,000 $68,000 $11,000 $10,000 $58,100 $16,500 ---- ---- $51,022 --- Motion carried. October 21, 2002 HEARINGS 117657 - Welper/Hurley • • Page 3 that proof of publication of notice of public hearing on the request of Scott Jordan to rezone from "R-3" Multiple Residential District to "R-4" Multiple Residential District property generally located at 605-625 Johnson Street to allow for construction of two 12-plex apartment buildings, as published in the Waterloo Courier on October 10, 2002, be received and placed on file. Ayes: Four. Abstain: Jordan. Absent: Berry, Greenwood. Motion carried. 117658 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Clark/Welper 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: Four. Abstain: Jordan. Absent: Berry, Greenwood. Motion carried. 117659 - Getty/Welper 117660 that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 334 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Four. Abstain: Jordan. Absent: Berry, Greenwood. Motion carried. Getty/Jordan that proof of publication of notice of public hearing on request of Dale Rousselow to sell and convey three parcels of property generally located near the intersection of Acker and Eldora Roads, and northeast and southwest of the relocated creek for $6,315.02, as published in the Waterloo Courier on October 9, 2002, be received and placed on file. Ayes: Five. Absent: Berry, Greenwood. Motion carried. 117661 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hurley/Getty that the hearing be closed and oral and written comments be received and placed on file. Ayes: Five. Absent: Berry, Greenwood. Motion carried. 117662 - Jordan/Clark that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Five. Absent: Berry, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2002-630. 117663 - Jordan/Clark that proof of publication of notice of public hearing on request of David Zoll to vacate, sell and convey a portion of alley generally located behind 528 and 532 Newton Street for $450.00, as published in the Waterloo Courier on October 9, 2002, be received and placed on file. Prior to a vote on the above motion, the following comments were heard. Councilperson Welper stated he feels Mr. Zoll should offer more to purchase the property as he is only offering half of the assessed value of the property. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Berry, Greenwood. Motion carried. 117664 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. David Zoll, 532 Newton Street, stated he plans to bring in gravel and put in a garden on the property. Other adjoining property owners have signed off and do not want to purchase the property, and no one uses the alley. October 21, 2002 Page 4 HEARINGS CONTINUED Councilperson Getty stated that the property beyond the garage currently has weeds, a snowplow, boat, etc. Mr. Zoll stated that the weeds is probably part of the neighbors as there is gravel by his property. Mr. Zoll said he wasn't cleaning the weeds in the alley because he does not own the property. Councilperson Welper stated that if Mr. Zoll was putting a building on the property he could see giving selling to him, but he is just adding property at a cost to neighbors. Councilperson Welper stated he could see this turning into a border war. Councilperson Jordan stated that the property owner behind 528 signed off from purchasing the property. Councilperson Jordan stated that it will not save the city any money to do this. Don Temeyer, City Planner, stated that the right-of-way is a dead-end alley with no access to Broadway Street. Mr. Temeyer stated there is no reason for the city to keep the property and selling it will put it back on the tax roll and add value to Mr. Zoll's property. Mr. Temeyer stated any future buyers would have knowledge that they don't have access and that Mr. Zoll owns the property. Councilperson Hurley stated he is interested in the process and structure. Councilperson Hurley stated he hopes Mr. Zoll gets the property and trusts he will do everything he said. Councilperson Hurley stated he agrees with Councilperson Welper and will vote against the sale of the property at $450.00. 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: Five. Absent: Berry, Greenwood. Motion carried. 117665 - Clark/Jordan that "an Ordinance vacating a portion of alley generally located behind 528 and 532 Newton Street", be received, placed on file, considered and passed for the first time. Ayes: Two. Nays: Welper, Hurley, Getty. Absent: Berry, Greenwood. Motion failed. UNFINISHED BUSINESS 117666 - Getty/Welper that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $63,733.00 to Ace Refrigeration of Cedar Rapids, Iowa, in conjunction with Evaporative Condenser and Control System - Young Arena be received, placed on file and "Resolution approving said award of contract", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Hurley asked why the engineer's estimate was less than the actual bid. Lou Cutwright $78,000.00 was items were do $38,000.00 for , Building Official/Maintenance Administrator, stated that the first estimate for the project, and then at the pre-bid wnsized. The gentleman then estimated the system would cost the system only, not all the other items. Following comments a vote was taken result. Ayes: Five. Absent: Berry, on the above motion with the following Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2002-631. DOCUMENTS 117667 - Jordan/Clark that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $638,946.22 from Peterson Contractors, Inc. of Reinbeck, Iowa, in conjunction with F.Y. 2003 Hwy. 218/Cedar Valley Lakes Trail - Phase 1 & Trolley Car Trail, Contract No. 584, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Berry, Greenwood. Resolution adopted and upon approval by Mayor assicLned No. 2002-632. October 21, 2002 DOCUMENTS CONTINUED Page 5 117668 Pat Suda, Vice President of Sales, VGM Group, read a letter addressed to the council which contained comments from various VGM employees. The letter contained the following comments: Been waiting for the interchange for almost five years. When it is in VGM employees can use it instead of flooding the neighborhood streets two to four times per day. The interchange has been on the city's capital improvement list since the late 80s. VGM picked the area to locate because the interchange was planned. It needs to get done as soon as possible. Not having an access to the highway seriously slowed development in the area. VGM added a second building when it looked like the interchange was going ahead a few years ago. Since then VGM has opened offices in two other locations. The company probably won't expand in south Waterloo until the interchange is in. Waterloo needs to be competitive with Cedar Falls. This south Waterloo area is the closest we have to the new Cedar Falls office park. We have to get going on it right away. Cedar Falls is taking one large office development after another and every month we risk losing another business. This project has been stalled by some unknown force for several years. It is ready to go and has been for years. Lets get the contracts and get it done. Jim Grady, 887 West Shaulis Road, spoke in favor of the interchange as this is the area where the city is growing. Mr. Grady stated he lives on the dead-end of West Shaulis, and he feels the city needs the interchange. Some of the complaints about the interchange have been that it will increase noise north of the interchange. Mr. Grady stated if that reason stops the interchange, then he should have a say in stopping the traffic going between his two house in his area. Dennis Clark, 1029 Sunrise Boulevard, stated he lives closer to the proposed interchange than some of the more vocal opponents, and he is 100 percent in favor of the interchange. At certain times of the day, this intersection is bogged down. Mr. Clark stated the interchange will alleviate the traffic congestion at Wal-Mart, promote economic development and help grow our tax base. Mr. Clark stated this is a great opportunity to bring businesses to Waterloo. Mr. Clark stated that the difference between Waterloo and Cedar Falls is the high quality access, and this could eliminate some of the business leakage to Cedar Falls. Mr. Clark stated this is infilling land already in existence. High Field stated he has supported economic development in all parts of this community. Mr. Field reviewed the Tower Park development and lack of growth. Mr. Field stated that the $3.5 million project described as $3.7 million does not include signs on Ansborough Avenue, development of Ansborough Avenue or Shaulis Road. Mr. Field asked the council to hold a public hearing before they proceed on this project. Give people a chance, then proceed and move ahead if that is what the council wants to do. Mr. Field stated if the council wants to hold five more hearings, he will be glad to appear five more times. Mr. Field stated there were 1,000 persons living in this area who signed a petition opposing this interchange. Mr. Field stated that earlier tonight the council gave Mr. Zoll an opportunity for a hearing and he asked the council to give people the same privilege on this project. Mr. Field asked the council to set this project for a hearing and give people an opportunity to have a full and complete discussion. Dave Nagle stated he does not have a problem with the council accepting the report from Kirkham Michael, but he does have a problem with the council authorizing negotiation of preliminary and final design contracts with Earth Tech. Mr. Nagle asked the council to keep an open mind on this project so when they proceed and people come in he would like the council to listen to them at that time. Councilperson Getty stated it is important that this project goes out for design and then at that time meet with the citizens and hold a public hearing. Eric Thorson, City Engineer, stated that this resolution authorizes him to negotiate the preliminary and final design contract with Earth Tech and come back to the council to look at the alternatives. Getty/Clark that communication from City Engineer transmitting Justification Report from Kirkham Michael for a new access off of U.S. Highway 20/Ansborough and to authorize proceeding with negotiation of preliminary and final design contracts with Earth Tech be received, placed on file and "Resolution approving said report and authorizing negotiation of preliminary and final design contracts", be adopted. Ayes: Five. Absent: Berry, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2002-633. October 21, 2002 Page 6 RESOLUTIONS TO BE ADOPTED 117669 - Getty/Welper that "Resolution authorizing reduction of 18 -hole daily weekday package rate for golf at three golf courses from $15.00 to $11.00 for the remainder of 2002 golf season", be adopted. Ayes: Five. Absent: Berry, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2002-634. BILLS PAYMENT 117670 - Jordan/Hurley that "Resolution approving Schedule AP640, pp. 1-80, dated October 21, 2002, in the amount of $1,568,613.66, 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: Five. Absent: Berry, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2002-635. ADJOURNMENT 117671 Jordan/Clark that the Council adjourn at 6:33 p.m. Ayes: Five. Absent: Berry, Greenwood. Motion carried. Nancy Eckert City Clerk • •