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HomeMy WebLinkAboutMinutes-07/28/2003July 28, 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, July 28, 2003. Mayor John R. Rooff in the Chair. Roll Call: Kincaid, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Norman Stubbendick, Trinity Lutheran Church. Pledge of Allegiance: Brad Hagen, Airport Director. 118584 - Jordan/Welper that the Agenda, as amended, for the Regular Session on Monday, July 28, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 118585 - Jordan/Welper that the Minutes, as proposed, for the Regular Session on Monday, July 21, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 118586 - Hurley/Jordan that the following items on the consent agenda be received, placed on file and approved: a. Resolution to approve the following: 1. Communication from City Engineer transmitting request of Bob Huff for a waiver for a concrete driveway to be located at 3438 Wagner Road, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned. No. 2003-504. b. Motion to approve the following: 1. Communication from Airport Director transmitting recommendation of appointment of Scott Kroeze to the position of Airport Maintenance Worker, effective August 12, 2003. 2. Brooke Carter, Police Sergeant, to attend Developing a Public Safety Fitness Program Seminar in Des Moines, Iowa, on July 29-30,2003, with costs not to exceed $430.00, including use of city vehicle. c. Beer/Liquor License Permit Application Class C Bj's Bar and Billiards, 110 Ida Street (Renewal) (Expires 7/29/04) (Includes Sunday Sales) d. Cigarette License Permit Applications Ninety-six (96) on file in the Clerk's office Ayes: Seven, with Councilperson Clark abstaining on all beer and liquor license permit applications. Motion carried. HEARINGS AND BIDS 118587 - Jordan/Clark that proof of publication of notice of public hearing on F.Y. 2004 Sidewalk Block Grant Repair Program - Zone 3, Contract No. 665, as published in the Waterloo Courier on July 21, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118588 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Kincaid that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. July 28, 2003 Page 2 HEARINGS AND BIDS CONTINUED 118589 - Jordan/Hurley that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2004 Sidewalk Block Grant Repair Program - Zone 3, Contract No. 665", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-505. 118590 - Jordan/Clark that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-506. 118591 - Hurley/Jordan to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Amount B & B Builders & Supply, Waterloo, IA 5% $18,196.32 Shelter Construction, Waterloo, IA $500.00 $ 9,996.51 Ayes: Seven. Motion carried. In answer to a question from Councilperson Clark, Dennis Gentz, Assistant City Engineer, reported that all the minority contractors were notified of the project. HEARINGS 118592 - Hurley/Jordan that proof of publication of notice of public hearing on request of Bill Ramsey to vacate, sell and convey property generally located on Home Park Boulevard, south of Lot 12 and the west 20' of Lot 13 in Lewis Miller's Small Farms Addition for $4,079.00.00, as published in the Waterloo Courier on July 21, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118593 - Jordan/Welper that the request to vacate, sell and convey be tabled indefinitely at Bill Ramsey's request. Ayes: Seven. Motion carried. 118594 - Getty/Kincaid that proof of publication of notice of public hearing on request of Lockard Development, Inc., Hurst Holding Co. and J & S Realty, LLC to rezone from "A-1" Agricultural District to "C-2" Commercial District property generally located at the northwest corner of Tower Park Drive and Johnathan Lane, just west of the new Lincoln Savings Bank in the Tower Park area for construction of an auto dealership, subject to no intercom system and design of the building per agreement, as published in the Waterloo Courier on July 17, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118595 - Jim Skarlis, owner of Community Auto Plaza, stated he wished to withdraw his request to build at this location. Mr. Skarlis thanked all the people who supported him, council members, neighbors and the mayor for listening to him. Mr. Skarlis stated he is going to relocate someplace else, and it will be at the original property that he bought in front of Lowe's Home Improvement. Mr. Skarlis stated he has lived in Waterloo for 25 years and has raised his family here. Mayor Rooff stated that Mr. Skarlis's business would have required the "C -2,C - Z" Conditional Zoning. Mr. Skarlis asked if we want to move ahead in Waterloo, why do we have to go through all of this. Mr. Skarlis stated his dealership has been here a long time, and he is going to build a dealership that is second to none. Mr. Skarlis stated his business collects the 2 percent sales tax and pays between $180,000 to $200,000 per year in property taxes and the city gets 80 percent of that, and yet the city doesn't want a dealership built where there are other dealerships and offices. • • • July 28, 2003 Page 3 HEARINGS CONTINUED Mayor Rooff stated that the property, by our Land Use Plan, was meant for business development in the form of a business park and the council needs to approve per the Land Use Plan. Mayor Rooff stated as the city grows and develops, there will be more businesses to grow in that area. Getty/Kincaid that the rezoning request be tabled indefinitely. Ayes: Seven. Motion carried. PETITIONS FROM PUBLIC 118596 - Jordan/Greenwood that communication from City Planner transmitting request of Steven and Lori Harvey to vacate, sell and convey for $2,000.00 property generally located at the northerly end of Englewood Avenue and the easterly end of Stratford Street, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 18, 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. 2003-507. REPORTS 118597 - Greenwood/Jordan that communication from Chief Financial Officer transmitting City of Waterloo Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2002, be received, placed on file and "Resolution approving said report", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-508. DOCUMENTS 118598 - Getty/Kincaid that communication from Superintendent of Traffic Operations transmitting an application with the Iowa Department of Transportation for Traffic Safety Funds in the amount of $20,000.00 in conjunction with installation of mast -arm poles and signal heads at the intersection of Park Road and Broadway Avenue be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Sandie Greco, Traffic Operations Superintendent, reported the applications are to the Iowa Department of Transportation for Traffic Safety funds for improvements at these locations. Ms. Greco stated if the applications are approved, there will be no city match required, and all the work will be done in-house. Mayor Rooff reported there will be three sets of speed bumps placed on Saratoga Drive on a temporary basis to slow the traffic. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 2003-509. 118599 - Getty/Kincaid that communication from Superintendent of Traffic Operations transmitting an application with the Iowa Department of Transportation for Traffic Safety Funds in the amount of $450,000.00 in conjunction with improvement of traffic signals and geometric design of the intersection of U.S. Highway 21 (Hawkeye Road) and Orange Road be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 2003-510. July 28, 2003 Page 4 DOCUMENTS CONTINUED 118600 - Getty/Kincaid that communication from Superintendent of Traffic Operations transmitting an application with the Iowa Department of Transportation for Traffic Safety Funds in the amount of $130,00.00 in conjunction with setting up a crash detection and monitoring system at the intersections of San Marnan Drive with Sears Street and San Marnan Drive with Pennys Street be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 2003-511. 118601 - Getty/Kincaid that communication from Superintendent of Traffic Operations transmitting an application with the Iowa Department of Transportation for Traffic Safety Funds in the amount of $8,000.00 in conjunction with installation of active traffic control device on Maynard Avenue be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 2003-512. 118602 - Getty/Kincaid that communication from Superintendent of Traffic Operations transmitting an application with the Iowa Department of Transportation for Traffic Safety Funds in the amount of $98,000.00 in conjunction with improvements at the intersection of Ansborough Avenue and University Avenue be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 2003-513. 118603 - Getty/Kincaid that communication from Police Chief transmitting an application with the U.S. Department of Justice for FY2003 Local Law Enforcement Block Grant (LLEBG) in the amount of $61,575.00, with a city match of $6,841.67, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-514. 118604 - Getty/Kincaid that communication from Associate Planner transmitting request of Teddy Barker for tax exemptions on improvements totaling $77,000.00 for property located at 1005 Creston 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. 2003-515. 118605 - Getty/Kincaid that communication from Associate Engineer transmitting Change Order No. 9 for a net increase in the amount of $37,539.50 and Change Order No. 10 in the amount of $10,250.00 for work to be performed by K. Cunningham Construction Co., Inc. in conjunction with San Marnan Drive - Phase 2, STP -U-8155(657)-70- 07, Contract No. 647, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. RESOLUTIONS TO BE ADOPTED 118606 - Hurley/Jordan that "Resolution naming two private streets generally located in Ekho Ridge Addition as Klingaman Ridge and Silas Ridge", be adopted. Ayes: Seven. Resolution adopted and upon approved by Mayor assigned No. 2003-516. • • • • July 28, 2003 BILLS PAYMENTS 118607 - Jordan/Hurley Page 5 that "Resolution approving Schedule AP640, pp. 1-50, dated July 28, 2003, in the amount of $2,558,550.32, 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. 2003-517. NEW BUSINESS 118608 - Getty/Kincaid that communication from General Manager of the Waterloo Water Works transmitting request to recertify the amount of $9,600.00 for work performed by the Waterloo Water Works at 1208 Logan Avenue, together with recommendation of approval of 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. Prior to a vote on the above motion, the following comments were heard. Councilperson Clark stated he wanted to go on record as opposing certifying this amount as Mr. Faig had a water leak that required a great deal of signage, and the city closed Logan Avenue. Councilperson Clark stated Mr. Faig signed the agreement for the work, but he had no idea what he was signing other than he needed to get it fixed. Councilperson Clark stated that Mr. Faig is unable to pay for the work, as he delivers papers and is a veteran. Councilperson Clark stated the council tried to help Mr. Faig, but were not successful. Councilperson Clark stated he understands the money is owed to the Water Works, but feels it is unfair for the city to tax Mr. Faig. Mayor Rooff stated the highway going through this area has caused problems for citizens. Mayor Rooff stated the State has agreed and we are looking at the whole corridor to rectify what has happened. Mayor Rooff reported that the city is signing for people needing this type of work to help with costs. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Greenwood, Clark. Resolution adopted and upon approval by Mayor assigned No. 2003-518. ADJOURNMENT 118609 - Jordan/Clark that the Council adjourn at 5:56 p.m. Ayes: Seven. Motion carried. g anc Eckert City Clerk