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HomeMy WebLinkAboutMinutes-02/10/2003• • February 10, 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, February 10, 2003. Mayor John R. Rooff in the Chair. Roll Call: Kincaid, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Councilperson Tim Hurley. Pledge of Allegiance: Ned DeBerg, Fire Chief. 117732 - Jordan/Getty that the Agenda, as amended to delete beer/liquor license for Blue River, for the Regular Session on Monday, February 10, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 117733 - Jordan/Greenwood that the Minutes, as proposed, for the Regular Session on Monday, February 3, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 117734 - Getty/Kincaid that the following items on the consent agenda be received, placed on file and approved: a. John R. Rooff, Mayor, to meet with representatives of the State Department of Commerce and attend Iowa League of Cities Legislative Day and League Executive Board Meeting in Des Moines, Iowa, on February 11-13, 2003, with costs not to exceed $189.00. b. David Keidel, Manager of Rehabilitation Services, and Greg Bagsby, Rehabilitation Specialist, to attend Housing Quality Standards Certification Workshop in Manhattan, Kansas, on March 3-6, 2003, with costs not to exceed $1,800.00, including use of city vehicle. c. Two Instructors to teach recertification class at Marshalltown, Iowa, on February 11-12, 2003, with costs not to exceed $270.00, including use of city vehicle. d. Communication from Police Chief transmitting request of the March of Dimes to hold annual Cedar Valley WalkAmerica on April 26, 2003, starting at 8:00 a.m. and ending around 12:00 p.m., with route to begin and end at Central Middle School. e. Communication from Community Planning & Development Director transmitting recommendation of appointment of Perry Goodman to the position of Neighborhood Services Coordinator, effective February 11, 2003. f. Communication from Community Planning & Development Director transmitting recommendation of appointment of Christopher Western to the position of Associate Planner, effective at a mutually agreeable date. g• Communication from Superintendent of Waste Management Services transmitting recommendation of appointment of Lawrence Painter to the position of Waste Water Operator, effective February 17, 2003. h. Beer/Liquor License Permit Application Class C Johnny Poppers, 910 W. 5th Street (Renewal) (Expires 2/14/04) (Includes Sunday Sales) i. Application for Fireworks Display West High School, 425 East Ridgeway Avenue, on April 21, 2003, for 'West Fest" Ayes: Seven, with Councilperson Clark abstaining on all beer and liquor license permit applications. Motion carried. February 10, 2003 Page 2 HEARINGS 117735 - Hurley/Welper that proof of publication Molstead for a site plan generally located at 1238 commercial sign identifyin Waterloo Courier on Januar Seven. Motion carried. of notice of public hearing on request of Wayne amendment to the "C -2,C -Z" site plan for property Dundee Avenue for the purpose of allowing for a g a legal home occupation, as published in the y 29, 2003, be received and placed on file. Ayes: 117736 - 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 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. 117737 - Getty/Jordan that "Resolution approving said site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-86. 117738 - Greenwood/Jordan that proof of publication of notice of public hearing on request of Gene Geiger to vacate, sell and convey right-of-way generally located at the southwest corner of Franklin Street and Vinton Street for purpose of constructing a detached garage for $500.00, as published in the Waterloo Courier on January 29, 2003, be received and placed on file. Ayes: Seven. Motion carried. 117739 - 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 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. 117740 - Getty/Greenwood that "an Ordinance vacating right-of-way generally located at the southwest corner of Franklin Street and Vinton Street", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 117741 - Jordan/Clark that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 117742 - Hurley/Clark that "an Ordinance vacating right-of-way generally located at the southwest corner of Franklin Street and Vinton Street", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4595. 117743 - Getty/Hurley that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-87. REPORTS 117744 - Welper/Greenwood that communication from Associate Engineer and Sidewalk Specifications and Policies "Resolution approving said specifications Seven. transmitting Proposed 2003 Driveway be received, placed on file and and policies", be adopted. Ayes: Resolution adopt and upon approval by Mayor assd No. 2003-88. February 10, 2003 • • PETITIONS FROM PUBLIC Page 3 117745 - Councilperson Jordan stated he does not have a clear picture on this request and would like to table this item for one week to have an opportunity to talk with Planning and Zoning staff. Jordan/Kincaid that communication from City Planner transmitting request of Blake Development to sell and convey Lot A for $5,000.00 and Lot B for $9,360.00 generally located on Pleasant Valley Drive be tabled. Prior to a vote on the above motion, the following comments were heard. Councilperson Clark stated that it appears that both Blake Development and Jim Hoffman Construction want to purchase this property. The question is does the city accept Blake Development's offer or do we go out for bids. Councilperson Hurley stated that the timeline from Mr. Hoffman was in the council's packet, but the council just received the city's timeline. Councilperson Hurley stated he would like to look at this information prior to a vote. Councilperson Greenwood stated he agrees with Councilperson Clark and does not want to table the sale of the property, but feels we should rebind. Councilperson Welper stated he feels the Building & Grounds Committee already sold this property to Blake Development and he questions our credibility if we go back on the deal by tabling. Mayor Rooff stated that we need to have a unified body of information on timeline to understand. Following comments a vote was taken on the above motion with the following result. Ayes: Three. Nays: Welper, Greenwood, Clark, Getty. Motion failed. 117746 - Getty/Welper that communication from Assistant City Planner transmitting request of Blake Development to sell and convey Lot A for $5,000.00 and Lot B for $9,360.00 generally located on Pleasant Valley Drive be received, placed on file and "Resolution setting date of hearing as March 3, 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. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood stated he feels the proper thing to do is to set a date of hearing and hold a council work session prior to the date of hearing. Mayor Rooff stated there are a lot of options for the council at the date of hearing. Councilperson Hurley asked if a buyer could come to the public hearing and offer to purchase the property. Councilperson Jordan stated that Blake's offer would be out there, and he does not want to set a date of hearing. Jim Walsh, City Attorney, stated the method the council uses to sell city property is up to the council. The council could have sealed bids, an auction or sell the property at a hearing. Mr. Walsh stated if the council wants to change the process now, they could do that as they have not held the hearing. Councilperson Getty stated that the Building & Grounds Committee met twice on this item and decided to sell the property to Blake Development and now the council can do what they want. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Clark. Resolution adopted and upon approval of Mayor assigned No. 2003-89. February 10, 2003 Page 4 PETITIONS FROM PUBLIC CONTINUED 117747 - Getty/Welper that communication from City Planner transmitting request of Mark and Renalda Becker to sell and convey the northerly 20 feet of city -owned property abutting 518 Dundee Avenue for $1,680.00 be received, placed on file and "Resolution setting date of hearing as March 3, 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 of Mayor assigned No. 2003-90. DOCUMENTS 117748 - Hurley/Welper that communication from Waterloo Water Works General Manager transmitting Release of Real Estate Mortgage for Steve and Barbara Klabunde, 6812 Kimball Avenue, for payment of Promissory Note in conjunction with the 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. 2003-91. 117749 - Welper/Greenwood that communication from Senior Planner transmitting application for Mark Becker for tax exemptions on improvements totaling $65,000.00 for property located at 518 Dundee Avenue 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-92. 117750 - Jordan/Hurley that communication from Building transmitting 28E Agreement with Black maintenance administration be received, approving said agreement", be adopted and execute same. Ayes: Seven. Official/Maintenance Administrator Hawk County to provide building placed on file and "Resolution Mayor and City Clerk authorized to Resolution adopted and upon approval by Mayor assigned No. 2003-93. 117751 - Greenwood/Jordan that communication from Associate Engineer transmitting Notice of Intent for National Pollutant Discharge Elimination System (NPDES) - Phase II, Storm Water Management Program, to be submitted to the Iowa Department of Natural Resources be received, placed on file and "Resolution approving said Notice of Intent", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-94. 117752 - Getty/Clark that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $78,680.00 from Peterson Contractors, Inc. of Reinbeck, Iowa, in conjunction with F.Y. 2003 Salvaged Asphalt Crushing, Contract No. 662, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-95. 117753 - Clark/Jordan that communication from Community Development Director transmitting agreement with U.S. Department of Housing and Urban Development for Economic Development Improvement (EDI) grant in the amount of $500,000.00 to be used in the Brownfields Redevelopment Area be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-96. • • February 10, 2003 • 1 RESOLUTIONS TO BE ADOPTED 117754 - Welper/Kincaid Page 5 that communication from Superintendent of Waste Management Services transmitting request to close and gate the 2300 block of Easton Avenue and 2200 block of East Ridgeway Avenue be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-97. ORDINANCES TO BE ADOPTED 117755 - Getty/Jordan that "an Ordinance Reestablishing the Self Supported Municipal Improvement District (SSMID) for two years at $3.00 per $1,000.00 of assessed valuation", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. BILLS PAYMENT 117756 - Jordan that "Resolution approving Schedule AP640, pp. 1-68, dated February 10, 2003, in the amount of $1,466,845.26, 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. 2003-98. NEW BUSINESS 117757 - Hurley/Jordan that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,334.00 for work performed by the Water Works at 1414 Jefferson Street, together with recommendation of approval of the 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. 2003-99. NEW BUSINESS CONTINUED 117758 - Clark/Joran that the Council adjourn to Executive Session at 5:56 Motion carried. EXECUTIVE SESSION p.m.. Ayes: Seven. 1. Jim Walsh, City Attorney, stated that purchase of property is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(j)(2001). 117759 - Jordan/Clark that the Council adjourn Executive Session at 6;16 p.m. Ayes: Seven. Motion carried. ADJOURNMENT 117760 - Hurley/Greenwood that the Council adjourn at 6:17 p.m. Ayes: Seven. Motion carried. gpz,„,+ Nancy ckert City Clerk