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HomeMy WebLinkAboutMinutes-08/11/2003fr • • August 11, 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, August 11, 2003. Mayor John R. Rooff in the Chair. Roll Call: Welper, Greenwood, Clark, Jordan, Hurley, Getty. Absent: Kincaid. Invocation by: Pastor Susan Vergeront, First Presbyterian Church. Pledge of Allegiance: Tim Shea, Superintendent of Waste Management Services. 118645 - Jordan/Welper that the Agenda, as proposed, for the Regular Session on Monday, August 11, 2003, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Kincaid. Motion carried. 118646 - Jordan/Welper that the Minutes, as proposed, for the Regular Session on Monday, August 4, 2003, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Kincaid. Motion carried. CONSENT AGENDA 118647 - Jordan/Hurley that the following items on the consent agenda be received, placed on file and approved: a. Motion to approve the following: 1. Communication from Mayor John Rooff transmitting recommendation of appointment of Troyce Vich to the Board of Library Trustees, with term expiration date of June 30, 2006. 2. Communication from Leisure Services Director transmitting recommendation of appointment of Lucas Even to the position of Park Maintenance II - Forestry, effective August 18, 2003. 3. Greg Maifield, Systems Analyst, to attend Fall Software Training Conference in Virginia Beach, Virginia, on September 14-18, 2003, with costs not to exceed $1,019.00. b. Beer/Liquor License Permit Application Class C Bo's, 118 Commercial Street (Renewal) (Expires 8/09/04) (Includes Sunday Sales) Mustang Bar, 1927 Jefferson Street (Renewal) (Expires 8/14/04) (Includes Sunday Sales) Club Crystyles, 726-728 Logan Avenue (Renewal) (Expires 4/23/04) (Includes Sunday Sales) c. Wine License Permit Application Class B Osco Drug, 2068 Logan Avenue (Renewal) (Expires 9/15/04) (Includes Sunday Sales) d. Liquor License Permit Application Class E Osco Drug, 2068 Logan Avenue (Renewal) (Expires 9/15/04) (Includes Sunday Sales) e. Beer License Permit Application Class B La Chiquita, Inc., 301 East (Includes Sunday Sales) 4th Street (Renewal) (Expires 8/06/04) f. Outdoor Service Application Bo's, 118 Commercial Street (Renewal) (Expires 8/09/04) g. Bonds. Ayes: Six, with Councilperson Clark abstaining on all beer and liquor license permit applications. Absent: Kincaid. Motion carried. August 11, 2003 Page 2 ASSESSMENT HEARING 118648 - Jordan/Getty that proof of publication of notice of public hearing on F.Y. 2004 Sidewalk Repair Assessment Program — Zone 3, Contract No. 666, as published in the Waterloo Courier on July 24, 2003, and July 31, 2003, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 118649 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Charles Tucker, 401 Sunnyside, asked if he will receive a bill after the sidewalk work is completed. Eric Thorson, City Engineer, responded that the property owners will receive a final assessment notice and will have 30 days to pay part or all of the bill. Karl Sanger, 1825 Falls Avenue, asked if he could still hire a contractor to repair his sidewalk. Gary Heinick, Associate City Engineer, responded that the property owners were required to have a sidewalk permit by June 20, 2003 and the work needed to be completed by July 7, 2003. Mr. Thorson stated that Mr. Sanger cannot hire a contractor at this time. Getty/Jordan that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 118650 - Hurley/Getty that "Proposed Resolution of Necessity in conjunction with above described project", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2003-529. HEARINGS AND BIDS 118651 - Getty/Hurley that proof of publication of notice of public hearing on F.Y. 2004 Sidewalk Repair Assessment Program — Zone 3, Contract No. 666, as published in the Waterloo Courier on July 30, 2003, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 118652 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Hurley that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 118653 - Jordan/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2004 Sidewalk Repair Assessment Program — Zone 3, Contract No. 666", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2003-530. 118654 - Getty/Jordan that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2003-531. 118655 - Hurley/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Total Bid B & B Builders and Supply, Waterloo, IA 5% $30,222.38 Shelter Construction, Waterloo, IA $1,480.00 $29,614.71 Ayes: Six. Ab: Kincaid. Motion carried. 40 • • August 11, 2003 HEARINGS 118656 - Getty/Jordan Page 3 that proof of publication of notice of public hearing on request of Betty L. Hodges to vacate, sell and convey property generally located at 24 Van Buren Street for $75.00, as published in the Waterloo Courier on July 30, 2003, be received and placed on file. Prior to a vote on the above motion, the following comments were heard. Councilperson Welper asked that this item be tabled as it does not meet the city's Sale of Property Guidelines Welper/Hurley that the hearing be tabled. Prior to a vote on the above motion, the following comments were heard. Councilperson Welper stated that the council agreed to sell property at 80 percent of the assessed value, and Ms. Hodges is only offering $75.00. Councilperson Welper stated that the guidelines state if she could show proof the land is not worth it, they could offer a lesser amount. Councilperson Welper stated he looked at this property and there is nothing wrong with the property. Councilperson Welper stated he realizes Ms. Hodges has mowed this property for 14 years, but to be fair all citizens should be treated the same. Councilperson Getty stated that Ms. Hodges has offered a fair price. This is just a little strip of land beside Ms. Hodges' yard, and no one can build on it. Councilperson Getty stated that the council needs to look at these requests to purchase city -owned property on a case-by-case basis. A vote was taken on the motion to receive and file the proof of publication with the following result. Ayes: Six. Absent: Kincaid. Motion carried. 118657 - A vote was taken on the motion to table with the following result. Ayes: Three. Nays: Greenwood, Clark, Getty. Absent: Kincaid. Motion failed. 118658 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 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: Six. Absent: Kincaid. Motion carried. 118659 - Jordan/Greenwood that "an Ordinance vacating property generally located at 24 Van Buren Street", be received, placed on file, considered and passed for the first time. Ayes: Five. Nays: Welper. Absent: Kincaid. Motion carried. 118660 - Getty/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Kincaid. Motion carried. 118661 - Jordan/Greenwood that "an Ordinance vacating property generally located at 24 Van Buren Street", be considered and passed for the second and third times and adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Hurley suggested that the council revisit the Sale of Property Guidelines as there is nothing in the guidelines to accommodate a case where the buyer has taken care of the property. Mayor Rooff stated that he has asked that a copy of the Sale of Property Guidelines be attached to each request to sell property. Mayor Rooff stated the council will continue to review the requests to purchase property at the Thursday agenda meetings, and maybe look at the guidelines in three months. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Welper. Absent: Kincaid. Ordinance adopted and upon approval by Mayor assigned No. 4633. August 11, 2003 Page 4 HEARINGS CONTINUED 118662 - Jordan/Clark that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Five. Nays: Welper. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2003-532. 118663 - Hurley/Jordan that proof of publication of notice of public hearing on amendment to Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to temporary parking, access areas and aesthetics of detention areas within the sites, as published in the Waterloo Courier on July 25, 2003, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 118664 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Welper that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 118665 - Welper/Jordan that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to temporary parking, access areas and aesthetics of detention areas within the sites", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Kincaid. Motion carried. 118666 - Jordan/Clark that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Kincaid. Motion carried. 118667 - Jordan/Clark that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to temporary parking, access areas and aesthetics of detention areas within the sites", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Kincaid. Ordinance adopted and upon approval by Mayor assigned No. 4634. 118668 - Hurley/Jordan that proof of publication of notice of public hearing on amendment to Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to creating a new "C -P" Planned Commercial District which would allow for residential uses, professional offices and commercial uses, as published in the Waterloo Courier on July 25, 2003, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 118669 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Getty that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 118670 - Getty/Welper that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to creating a new "C -P" Planned Commercial District which would allow for residential uses, professional offices and commercial uses", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Kincaid. Motion carried. 118671 - Jordan/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Kincaid. Motion carried. • • August 11, 2003 • • HEARINGS CONTINUED 118672 - Hurley/Jordan Page 5 that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to creating a new "C -P" Planned Commercial District which would allow for residential uses, professional offices and commercial uses", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Kincaid. Ordinance adopted and upon approval by Mayor assigned No. 4635. 118673 - Welper/Getty that proof of publication of notice of public hearing on amendment to Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to creating a new "B -P" Business Park District which would allow for professional offices, commercial and light industrial uses, as published in the Waterloo Courier on July 25, 2003, be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 118674 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Welper that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Six. Absent: Kincaid. Motion carried. 118675 - Jordan/Getty that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to creating a new "B -P" Business Park District which would allow for professional offices, commercial and light industrial uses", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Kincaid. Motion carried. 118676 - Getty/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Kincaid. Motion carried. 118677 - Welper/Greenwood that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to creating a new "B -P" Business Park District which would allow for professional offices, commercial and light industrial uses", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Kincaid. Ordinance adopted and upon approval by Mayor assigned No. 4636. UNFINISHED BUSINESS 118678 - Jordan/Welper that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $18,196.32 to B & B Builders and Supply of Waterloo, Iowa, in conjunction with F.Y. 2004 Sidewalk Repair Block Grant Program - Zone 3, Contract No. 665, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2003-533. DOCUMENTS 118679 - Greenwood/Getty that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $18,196.32 from B & B Builders and Supply of Waterloo, Iowa, in conjunction with F.Y. 2004 Sidewalk Repair Block Grant Program - Zone 3, Contract No. 665, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2003-534. August 11, 2003 Page 6 DOCUMENTS CONTINUED 118680 - Greenwood/Getty that communication from Airport Director transmitting an agreement with the Iowa Department of Transportation for Commercial Air Service Vertical Infrastructure Program grant in the amount of $84,217.00, with no required local match, to be used for the Airport Renovation Project be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2003-535. 118681 - Getty/Jordan that communication from Associate Engineer transmitting Change Order No. 1 for a net increase in the amount of $18,302.35 for work to be performed by Peterson Contractors, Inc. in conjunction with Hwy 218/CVLT - Phase I and Trolley Car Trail, STP -ES -E -8155(42)-8T-07, Contract No. 584, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Kincaid. Motion carried. 118682 - Getty/Jordan that communication from City Engineer transmitting Change Order No. 7 for a net increase in the amount of $15,021.26 for work to be performed by Rampart Corporation in conjunction with F.Y. 2000 Sycamore Street Reconstruction and Vinton Street Storm Sewer Improvements, Contract No. 613, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Kincaid. Motion carried. 118683 - Hurley/Jordan that communication from City Engineer transmitting Completion of Project and Final Acceptance of Work performed by Weichers Construction Company of Cedar Falls, Iowa, at a total cost of $356,587.90 in conjunction with Sergeant Road - Cedar Prairie Trail Connection, RT-MSRT(51)-9H-07, Contract No. 637, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2003-536. 118684 - Hurley/Jordan that communication from City Engineer transmitting and Recommendation of Acceptance of Work performed Waterloo, Iowa, at a total cost of $1,006,304.78 in Sycamore Street Reconstruction and Vinton Street Contract No. 613, be received, placed on file and documents", be adopted and two-year Maintenance Bond file. Ayes: Six. Absent: Kincaid. Certificate of Completion by Rampart Corporation of conjunction with F.Y. 2000 Storm Sewer Improvements, "Resolution approving said be received and placed on Resolution adopted and upon approval by Mayor assigned No. 2003-537. 118685 - Getty/Jordan that communication from City Engineer transmitting Recommendation of Acceptance form for EDA Project Closeout in conjunction with F.Y. 2001 Rath Vertical Kill Building Demolition, Contract No. 628, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2003-538. 118686 - Getty/Jordan that communication from Building Official/Maintenance Administrator transmitting Certificate of Substantial Completion for work performed by Pries Roofing of LaPorte City, Iowa, in conjunction with Waterloo Public Library Re - Roofing and Fire Station No. 3 Re -Roofing be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2003-539. • • • August 11, 2003 DOCUMENTS CONTINUED 118687 - Getty/Jordan Page 7 that communication from Associate Planner transmitting request of Curtis and Debra Riley for tax exemptions on improvements totaling $14,100.00 for property located at 961 East Donald 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: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2003-540. 118688 - Getty/Jordan that communication from Superintendent of Waste Management Services transmitting an agreement with the U.S. Department of Interior U.S. Geological Survey in the amount of $6,615.00 in conjunction with operation and maintenance of the 6th Street Cedar River Gage Station be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2003-541. RESOLUTIONS TO BE ADOPTED 118689 - Hurley/Jordan that "Resolution supporting the construction of a new interchange at U.S. Highway 20 and Ansborough Avenue", be adopted. Prior to a vote on the above motion, the following comments were heard. Carolyn Cole, 836 Lynkaylee Drive, stated she lives a half a mile from the proposed interchange and wished to publicly state her support for the new Ansborough Avenue/Highway 20 interchange. Ms. Cole stated she makes the dreaded left hand turn from Olympic Drive to Ansborough Avenue every morning. Ms. Cole stated she is astonished by those opposing the interchange because of urban sprawl. Ms. Cole stated the council is voting on one of the keys to the development of the proposed office and technology park, which all residents of the city should welcome because it will mean jobs. Ms. Cole stated this is progress and a good thing. Ms. Cole stated she is employed by VGM but was not asked to appear before the council by VGM. Ms. Cole stated she works for a $100 million company that has an annual payroll of $16 million, and she believes that the city and its tax base would greatly benefit if there were many more companies like VGM in a carefully planned and zoned office -technology corridor. Ms. Cole stated this interchange will make moving businesses to Waterloo more attractive. Jim Allen, President of the Waterloo Chamber of Commerce, reported that his Board of Directors held its own little debate on the interchange and invited those against the interchange to present their feelings. The Board still decided the interchange is good for economic growth and good planned progress and also a good book -end for Highway 21. Mr. Allen stated the Chamber feels the council has done its homework and given citizens everything they need to do an analysis. Mr. Allen stated the Chamber feels the interchange is good for the community and good for future residents of the community. Mr. Allen stated it is good for business growth and tax base of the city. Mr. Allen stated the Waterloo Chamber of Commerce is in favor of the interchange. A resident of 755 Fox Ridge, Dike, Iowa, stated he commutes from west and south, and it is difficult to get to businesses on San Marnan Drive. He stated he avoids the Highway 20/Highway 21 intersection, but uses Sergeant Road to Ridgeway Avenue and then to Ansborough Avenue. He stated he is in favor of the interchange in the interest of safety and being able to get onto San Marnan Drive without having to drive 3 to 3% miles. Dave Nagle stated that a 1996 study showed the Interchange was not necessary, and then in 1997 the City Attorney got more land and the Mayor went to the Department of Transportation for more money. Mr. Nagle stated the Iowa Department of Transportation said the city had to justify the project to receive the RISE grant and so the city contracted for another study. Mr. Nagle stated a RISE agreement signed by Mayor Rooff on December 14, 1998 required the city to justify the interchange, rezone the land and hard surface Shaulis Road between Ansborough and Highway 21. Now the city has to redo Shaulis Road and pay for sewer, water and police. Mr. Nagle stated this is an historic occasion, and that Waterloo is going south to the detriment of the east side, the downtown and the west side. Mr. Nagle stated this was preordained, predestined, signed, sealed and delivered in 1998. Mr. Nagle stated this has been a charade, but go ahead, Waterloo is going south. August 11, 2003 Page 8 RESOLUTIONS TO BE ADOPTED Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned. No. 2003-542. BILLS PAYMENT 118690 - Jordan that "Resolution approving Schedule AP640, pp. 1-50, dated August 11, 2003, in the amount of $1,617,646.01, 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: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2003-543. NEW BUSINESS 118691 - Hurley/Jordan that communication from Superintendent of Streets transmitting recommendation of acceptance of bid from Independent Salt Co. at $34.49 per ton for a total cost of $137,960.00 for F.Y. 2004 Rock Salt be received, placed on file and "Resolution approving said bid", be adopted. Ayes: Six. Absent: Kincaid. Resolution adopted and upon approval by Mayor assigned No. 2003-544. ADJOURNMENT 118692 - Jordan/Clark that the Council adjourn at 6:16 p.m. Ayes: Six. Absent: Kincaid. Motion carried. r4„t ancEckert City Clerk , • •