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.
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Nancy ckert
City Clerk