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HomeMy WebLinkAboutMinutes-04/21/2003• April 21, 2003 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, April 21, 2003. Mayor John R. Rooff in the Chair. Roll Call: Kincaid, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Reverend Abraham Funchess. Pledge of Allegiance: Councilperson Tim Hurley. ORAL PRESENTATIONS 118091 - Theresa Mosley, President of Roosevelt Neighborhood Association and Chairperson of Waterloo Neighborhood Coalition, stated she was concerned about the tag program for large appliances as the first neighborhood cleanup will be held in one week. Ms. Mosley stated the neighborhoods have done quite a bit, and they don't want to go backwards. Ms. Mosley stated they are not asking for charity, but the neighborhoods had no input in this decision. Ms. Mosley stated the neighborhood associations represent the City of Waterloo. When people come to the city we want them to say yes this is a good place to live. Ms. Mosley asked what could be done for people who can't afford to pay for the tags. Ms. Mosley stated in January they were told there would be no change to the neighborhood cleanups. Ms. Mosley stated they feel like the council should have brought the neighborhood groups in and said costs are going up and the neighborhood associations should have been involved in the decision making. Ms. Mosley stated there are people who cannot pay $3 to dispose of a tire. Ms. Mosley stated the price for the tags is very high for certain people. Councilperson Jordan stated that he supported the fees for the appliances thinking the neighborhood groups supported the tags. Councilperson Jordan stated the whole idea is to keep Waterloo clean. Councilperson Jordan stated he knows if there is a cost for the tags during neighborhood cleanups many people who can't afford the tags will not take the appliance back home, but will dump them. Councilperson Jordan supported no charge to pick up appliances for the neighborhood associations. Mayor Rooff stated when the city said there would be no change there was talk of discontinuing the neighborhood cleanups. Mayor Rooff stated when Mr. Shea brought the costs for disposing of the appliances, we thought neighborhoods could absorb the costs. Councilperson Welper stated the council represents all the citizens and not all citizens belong to a neighborhood group, and it is not fair to make them pay. Councilperson Kincaid stated there are 16 neighborhood associations fourth ward, and he feels the city should find money to help neighborhood groups this year. Councilperson Kincaid supports disposal of appliances for neighborhood cleanups. in with no charge the the for Councilperson Hurley stated the tag program was not a get -rich scheme by the city, but we wanted to collect costs handed down by the state. Councilperson Hurley stated he thinks the entire citizenry wants a clean city. Councilperson Hurley stated he would like to see the tag program on a sliding scale for one or two years, but then back out of it. Tim Shea, Superintendent of Waste Management, reported it costs $2,000 per neighborhood cleanup, and the city held 28 neighborhood cleanups last year. Mayor Rooff stated that the cost for disposal of appliances averages about $24,000 per year. Mr. Shea reported that the state requirement took affect in 2001 mandating disposing of appliances in this manner. Ms. Mosley stated that some neighborhoods don't have cleanups. Ms. Mosley stated there were a lot of things the neighborhood associations could have done to help the city. Mayor Rooff stated that during the budget continue the neighborhood cleanups. Mayor prices for the disposal of the appliances because we have a lot of citizens who can't process the council said they would Rooff stated that everyone felt the would be acceptable, but it is not afford it. Councilperson Clark stated he thought the neighborhood associations were aware of the proposed fees for the large items. Councilperson Clark stated he is prepared to not charge for these items this year. The alternative is just to raise prices somewhere else in the city. Councilperson Clark stated he supports not charging the fee this year, but to work with the neighborhood associations., even though there is a charge for the city to dispose of these items. April 21, 2003 Page 2 ORAL PRESENTATIONS CONTINUED Ron Stahl, 147 Hope and President of Gates Park Neighborhood Association, shared information about the neighborhood cleanups. Mr. Stahl stated if the city charges for these items, it will be more costly as the city will need more employees to pick up these items from the alleys and will need to hire another code enforcement officer. Russ Lowe, representing We Care Neighborhood, reported that they are holding their cleanup on April 26, 2003 and they need to get the fliers out by tomorrow. Councilpersons Jordan, Hurley, Clark, Greenwood and Kincaid favor no charge for neighborhood associations for pick up of large items this year. Councilpersons Getty and Welper favor charging the fee during neighborhood cleanups. Councilpersons Greenwood and Kincaid also support a $1 per month increase for garbage fees rather than the fifty cents per month increase recently approved by the council. Councilperson Clark suggested maybe limiting each household to one item per type of appliance. Mary Haais, 116 Courtland, stated they own a pickup truck and haul the large appliances for all the neighbors and sign for each of them. Ms. Haais reported there are refrigerators thrown on the parking in her neighborhood, and she doesn't want to pay for each of them as they do not belong to her. Mayor Rooff announced that there will me a meeting on the Ansborough Avenue/Highway 20 interchange on April 28, 2003 at 6:30 p.m. in the council chambers. Mayor Rooff invited all interested citizens to attend the meeting and comments will be received from everyone. Clark/Jordan that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 118092 - Hurley/Kincaid that the Agenda, as amended, for the Regular Session on Monday, April 21, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 118093 - Jordan/Welper that the Minutes, as proposed, for the Regular Session on Monday, April 14, 2003, at 5:30 p.m. be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a proclamation declaring April 21-27, 2003, as National Community Development Week. CONSENT AGENDA 118094 - Jordan/Hurley that the following items on the consent agenda be received, placed on file and approved: a. Motion to approve the following: 1. Randall Chapman, Police Sergeant; Christopher Gergen, David McFarland and Gregory Fangman, Police Officers, to attend Canine/Canine Handler Certification Testing in Boone, Iowa, on May 31 -June 2, 2003, with costs not to exceed $905.00, including use of city vehicle. 2. Randall Chapman, Police Sergeant; Christopher Gergen, David McFarland and Gregory Fangman, Police Officers, to attend Canine Investigative Technique course in Des Moines, Iowa, on May 11-15, 2003, with costs not to exceed $1,252.00, including use of city vehicle. 3. Greg Maifield, Police Department Systems Analyst, to attend software training in Des Moines, Iowa, on May 4-6, 2003, with costs not to exceed $204.00. 4. Louis Starks, Contracts & Grants Coordinator, to attend HUD Community Planning Division Environmental Training Seminar in Omaha, Nebraska, on April 23-25, 2003, with costs not to exceed $340.00, including use of city vehicle. 5. Communication from Leisure Services Director transmitting recommendation of appointment of Nathan Weston to the position of Park Maintenance II - Forestry, effective May 19, 2003. • April 21, 2003 • • CONSENT AGENDA CONTINUED b. c. Resolutions approving the following: Page 3 1. Communication from Police Chief transmitting request of Motorcycle Awareness Council to hold 13th Annual Motorcycle Awareness Ride on May 17, 2003, from noon until 2:00 p.m. with the ride to begin and end at Junies Truck Stop in Elk Run Heights, starting on Lafayette Street to E. 5th Street to West 5th/4th Streets to Martin Road to Ansborough Avenue to University Avenue to Cedar Falls and to block the intersection of Greenhill Road and Broadway. Resolution adopted and upon approval by Mayor assigned No. 2003-257. 2. Communication from City Clerk Schutzhund Club of Iowa to hold 8:00 a.m. on property adjacent Ralston. transmitting request of Heartland annual dog trial on May 3, 2003, at to Kreig School at 4th Street and Resolution adopted and upon approval by Mayor assigned No. 2003-258. Beer/Liquor License Permit Application Class C The Jet Lounge, 451-453 (Includes Sunday Sales) Olive Garden, 1315 E. San (Includes Sunday Sales) Flirts Gentlemen's Club, 319 (Includes Sunday Sales) Paulie's Place, 814 LaPorte Sunday Sales) Blue Bird Lounge, 921 (Includes Sunday Sales) Disco Bar Yugo, 820 Sycamore Sunday Sales) W. Parker Marnan Street Drive (Renewal) (Renewal) Jefferson Street (Renewal) Road Broadway (Renewal) (Expires Street Street (New) (Renewal) (Expires (Expires (Expires (Expires 4/30/04) 5/28/04) 4/30/04) 5/14/04) (Includes (Expires 4/22/04) 3/29/04) (Includes d. Beer License Permit Application Class B Waterloo Women's Softball Association, Park Road & Burton Avenue (6 months - 4/25/03 - 10/25/03) (Includes Sunday Sales) All Golf Center, 1850 W. Ridgeway Avenue (New) (Expires 4/16/04) (Includes Sunday Sales) e. Outdoor Service Area Application Women's Softball Association, Park Road & Burton Avenue (4/25/03 10/25/03) Cadillac Lanes, 650 LaPorte Road (5/1/03 - 10/01/03) All Golf Center, 1850 W. Ridgeway Avenue (4/16/03 - 4/16/04) f. Bonds. Ayes: Seven, with Councilperson Clark abstaining on all beer and liquor license permit applications. Motion carried. UNFINISHED BUSINESS 118095 - Jordan/Hurley that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $642,947.77 to Cunningham Construction, Inc. of Cedar Falls, Iowa, in conjunction with F.Y. 2003 Sycamore Street Reconstruction Program, Contract No. 654, 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. Rudy Jones, Community Development Director, reported that the total MBE participation on this contract is 5.3 percent and no WBE participation. Mr. Jones recommended the council approve the award of contract to Cunningham Construction, Inc. 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. 2003-259. April 21, 2003 UNFINISHED BUSINESS CONTINUED 118096 - Welper/Jordan Page 4 that communication from Leisure Services Director transmitting recommendation of award of contract for Option B in the amount of $28.50 per acre, Option D in the amount of $13.00 per acre, Option E in the amount of $30.00 per hour and Option F in the amount of $40.00 per acre to B & B Lawncare of Waterloo, Iowa, in conjunction with 2003 Right -of -Way Mowing be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-260. PETITIONS FROM PUBLIC 118097 - Hurley/Jordan that communication from City Planner transmitting request of Hy -Vee for a site plan amendment to the "S-1" Shopping Center Commercial District for the development of a convenience store to be generally located on Flammang Drive, just northeast of the Hy -Vee Store, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on filed and "Resolution setting date of hearing as April 28, 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. 2003-261. DOCUMENTS 118098 - Jordan/Greenwood that communication from Community Planning and Development Director transmitting proposed capital improvement lists in the amount of $6,425,000 to be included in June 2003 Bond Sale and directing that necessary documents be prepared for a public hearing be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-262. 118099 - Kincaid/Clark that communication from Community Planning & Development Director transmitting agreement with Howard R. Green Company at a cost of $1,800.00 to provide professional services in conjunction with preparation of Construction Machinery for site enrollment in the State of Iowa Land Recycling Program be received and 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. 2003-263. 118100 - Clark/Hurley that communication from City Planner transmitting Development Agreement with Gina Jordan -Burg in conjunction with the purchase of property generally located on Dundee Avenue be received, placed on file and "Resolution approving said Development Agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Abstain: Jordan. Resolution adopted and upon approval by Mayor assigned No. 2003-264. 118101 - Welper/Getty that communication from Building Official/Maintenance Administrator transmitting Change Order Nos. G-9, G-10 and G-11 for a net increase in the amount of $65,958.00 in conjunction with the Five Sullivan Brothers Convention Center Remodeling Project, 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 Greenwood stated someone needs to look at these change orders. Councilperson Greenwood stated there are six emergency lights being replaced and they are charging the city $1,970.00, or $328 each, and he just bought some for $80 each. Councilperson Greenwood asked for some type of estimate from Lou Cutwright and the Architect and asked for a ball park number to look at. Councilperson Greenwood stated he feels the city is at risk of being overcharged, and these change orders total 5 percent of the original contract. Councilperson Greenwood stated somebody needs to look at these change orders. • • April 21, 2003 • • DOCUMENTS CONTINUED Page 5 Mayor Rooff stated if the council feels there are some irregularities we should remove the change orders from the agenda. Mayor Rooff stated the council talked about the charge orders at the Thursday agenda meeting and that is why each council member needs to be at the Thursday agenda meetings. Councilperson Clark reported there were two or three items he would like to look at, including installation of six emergency lights at a cost of $1,970.00 and the purchase of 24" white formed plastic letter stud mounted to the brick at a cost of $3,698.00. Greenwood/Clark that Change Order Nos. G-9, G-10 and G-11 for a net increase in the amount of $65,958.00 be tabled. Ayes: Seven. Motion carried. 118102 - Jordan/Welper that communication from City Planner transmitting one-year agreement with Lee Rottinghaus to lease 11.01 acres of property acquired as part of the Martin Luther King Jr. Drive Project for $90.00 per acre be received, placed on file and "Resolution approving said lease agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-265. 118103 - Jordan/Welper that communication from City Planner transmitting one-year agreement with Shawn Hottle to lease 27.8 acres of land generally located at the southwest corner of U.S. 20 and Kimball Avenue for $250.00 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. 2003-266. 118104 - Getty/Kincaid that communication from City Planner transmitting completion of work performed by Allied Construction Co., Inc. in conjunction with F.Y. 1991 North Elk Run Road Improvements, Contract No. 389, and releasing all temporary easements be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-267. 118105 - Getty/Kincaid that communication from Fire Chief transmitting application with FEMA Fire ACT for Senior Home Safety Audit Program grant in the amount of $101,793.00 be received, placed on file and "Resolution approving said grant application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-268. RESOLUTIONS TO BE ADOPTED 118106 - Hurley/Jordan that "Resolution designating April 21-27, 2003, as National Community Development Week to commemorate the Community be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor ORDINANCES TO BE ADOPTED 118107 - Jordan/Hurley Development Block Grant Program", assigned No. 2003-269. that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 100 to Section 2A -7N, Conditional Zoning Certain Property" (rezone from "R-2" One and Two Family Residence District to "C -1,C -Z" Conditional Zoning property generally located along the 2900 block of Lafayette Street for the purpose of constructing a commercial/residential building) be received, placed on file, considered and passed for the second time. April 21, 2003 ORDINANCES TO BE ADOPTED CONTINUED Prior to a vote on the above motion, the following comments were heard. Page 6 Don Temeyer, City Planner, reported that the Planning, Programming and Zoning Commission recommended approval of the rezoning request with the following conditions: The site plan as submitted at the hearing provided it meets all applicable city codes and regulations, including but not limited to, drainage, landscaping, parking, etc.; no outside storage is allowed on the property; no auctions to be held at the property; and the building is built as proposed, using residential materials: vinyl, siding, shingled roof, etc. to blend into residential fabric of the neighborhood. Mr. Temeyer reported the applicants will build a commercial building for an eBay commercial use and have their residential home on the second floor of the building. Mayor Rooff read the petition of opposition received from over 25 percent of the property owners. The petition states that the property owners do not want any rezoning for the purpose of a conditional commercial district as they believe a business facility will cause problems for this area Deliah Thompson, the applicant for the rezoning, reported that the petition was circulated and someone spread untrue rumors about what they were going to built. Ms. Thompson stated the new building will be constructed of new wood and brick, with the bottom half of the building to be used for storage. Ms. Thompson stated the bottom half will have 9 feet of brick and the top will be the house, and they will apply for all the required permits. Ms. Thompson stated there will be no garage. Ms. Thompson stated there already is an auto repair shop across the street from where they plan to build, and the whole block used to be used a freezer building. Barbara McAhren stated she is opposed to the rezoning request because there is not enough room for the building, and she doesn't think the maintenance cost will happen. Ms. Thompson reported they just dumped two dump trucks full of dirt, and that they have a landscaping business. Ms. Thompson stated the property will look like a normal house with flowers. Councilperson Hurley asked if the property is restricted because of the flood plain. Don Temeyer, Community Planning and Development Director, responded that this property is in the 100 year flood plain, and any development will need to meet the flood plain regulations for construction. Councilperson Welper stated that some citizens are concerned about the appearance of the building and asked if the city has requirements for commercial property. Mr. Temeyer responded there is no requirement for residential property, but commercial property must meet landscaping requirements as part of the building permit process. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 118108 - Jordan/Clark that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 118109 - Clark/Jordan that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 100 to Section 2A -7N, Conditional Zoning Certain Property", be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4609. 118110 - Jordan/Getty that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 340 to Section 2A-5, Rezoning Certain Property", (rezone from "A-1" Agricultural District to "R-1" Residential District approximately 12.2 acres of property generally located south of Ranchero Road, just east of the city limits line with Hudson for the purpose of residential development) be received, placed on file, considered and passed for the second time. Ayes: Six. Nays: Welper. Motion carried. • N � April 21, 2003 BILLS PAYMENT 118111 - Jordan Page 7 that "Resolution approving Schedule AP640, pp. 1-87, dated April 21, 2003, in the amount of $2,010,935.51, 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. 2003-270. NEW BUSINESS 118112 - Clark/Greenwood that communication from Community Development Director transmitting proposed F.Y. 2004 One -Year Action Plan for CDBG and HOME Program funds be received, placed on file and "Resolution setting date of hearing as May 5, 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. 2003-271. 118113 - Clark/Greenwood that communication from Superintendent of Streets transmitting recommendation of award of bid to Bituminous Materials & Supply of Des Moines, Iowa, in the amount of $152,700.00 for materials to be used for 2003 Oiling/Sealing Program be received, placed on file and "Resolution approving said award of bid", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-272. 118114 - Hurley/Jordan to instruct Superintendent of Waste Management Services to prepare specifications, form of contract, etc. in conjunction with Transfer/Processing of Recyclable Materials be received, placed on file and approved. Ayes: Seven. Motion carried. 118115 - Jordan/Greenwood that specifications, form of contract, etc. in conjunction with Transfer/Processing of Recyclable Materials be received and placed on file. Ayes: Seven. Motion carried. 118116 - Jordan/Getty that "Resolution preliminarily approving specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-273. 118117 - Greenwood/Welper that "Resolution setting date of hearing on specifications, form of contract, etc. as May 5, 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. 2003-274. ADJOURNMENT 118118 - Jordan/Clark that the Council adjourn at 6:34 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk