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HomeMy WebLinkAboutMinutes-06/23/2003• • June 23, 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, June 23, 2003. Mayor John R. Rooff in the Chair. Roll Call: Kincaid, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Jerry Stevens, General Manager, Waterloo Water Works. Pledge of Allegiance: Walter Reed, Executive Director of Human Rights Commission. 118422 - Getty/Jordan that the Agenda, as amended, for the Regular Session on Monday, June 23 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 118423 - Jordan/Greenwood that the Minutes, as proposed, for the Regular Session on Monday, June 16, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff recognized Teen Serve Project. CONSENT AGENDA 118424 - Hurley/Kincaid that the following items on the consent agenda be received, placed on file and approved: a. Motion to approve the following: 1. Louis Starks, Contracts & Grants Coordinator, to attend American Contract Compliance Association Training "Bridging the Gap: Inclusion and Opportunity" in Cincinnati, Ohio, on September 9-13, 2003, with costs not to exceed $2,070.00. 2, Jeffrey Duggan, Police Investigator, to conduct follow-up investigation in Springfield, Missouri, on June 12-13, 2003, with costs not to exceed $220.00, including use of city vehicle. b. Resolution to approve the following: 1. Communication from City Engineer transmitting request of Our Savior's Lutheran Church for a waiver for an asphalt driveway to be located in the 700 block of Rock Island Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2003-430. c. Beer/Liquor License Permit Application Class C Light House Lounge, 1307 5th Street (Renewal) (Expires 6/28/04) Sonny's Grill, 126 E. Ridgeway Avenue (Renewal) (Expires 7/09/04) Benevolent & Protective Order of Elks, 407 E. Park Avenue (Renewal) (Expires 6/30/04) (Includes Sunday Sales) Half Pint Saloon, 1831 Independence Avenue (Renewal) (Expires 06/29/04) (Includes Sunday Sales) The Times, 226 West 5th Street (New Owner) (Expires 7/1/04) (Includes Sunday Sales) d. Beer License Permit Application Class C American Golf Course, 1575 W. Big Rock Road (New (Expires 6/15/04) (Includes Sunday Sales) Young Arena (Transfer to Center for the Arts, 225 Commercial Street on 7/5/03) e. Bonds. Ayes: Seven, with Councilperson Clark abstaining on all beer and liquor license permit applications. Motion carried. HEARINGS AND BIDS 118425 - Jordan/Greeenwood that proof of publication of notice of public hearing on Purchase of New Ambulance for Fire Rescue, as published in the Waterloo Courier on June 5, 2003, be received and placed on file. Ayes: Seven. Motion carried. June 23, 2003 Page 2 HEARINGS AND BIDS CONTINUED 118426 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Clark that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 118427 - Jordan/Greenwood that "Resolution confirming approval of bid document, form of contract, etc. in conjunction with Purchase of New Ambulance for Fire Rescue", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-431. 118428 - Clark/Jordan that "Resolution authorizing to proceed in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-432. 118429 - Jordan/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to Fire Chief for review: Bidder Bid Amount Options Emergency Vehicle Sales & Service $93,620.00 $15,804.00 Ayes: Seven. Motion carried. HEARINGS 118430 - Getty/Jordan that proof of publication of notice of public hearing on request of John Eveland for a site plan amendment to the "R -3,R -P" Planned Residence District for property generally located near the northwest corner of West 4th Street and Ansborough Avenue for the purpose of development of senior housing, as published in the Waterloo Courier on June 13, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118431 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. City Clerk Nancy Eckert reported that a letter of support has been received from Ron Lepsch. Mayor Rooff read the letter from Mr. Lepsch. Hurley/Kincaid that the letter of support be received and placed on file. Ayes: Seven. Motion carried. 118432 - Ron Lepsch stated that this is the fourth time this property has been before the council, with the third time for John Eveland. Mr. Lepsch stated that under the Zoning Ordinance section on Planned Residence Districts and subsection F, Commencement and Completion, it states a timeline can be affixed to a development to start and be substantially completed. Two years ago the council agreed to rezone this property from "R-2" to "R-3" and it was planned for retirement housing and that fell through, and now it is back again before the council. Mr. Lepsch stated he feels that within two years after property is rezoned if nothing is built on the property then the council should look at rezoning it back to "R-2". Mr. Lepsch asked the council if this proposal falls through to work with the neighbors and rezone the property back to "R-2". Mr. Lepsch stated Mr. Eveland is good to work with and works with the neighbors. Getty/Hurley 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. • • ` • • June 23, 2003 Page 3 HEARINGS CONTINUED 118433 - Hurley/Clark that "Resolution approving said site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-433. 118434 - Clark/Jordan that proof of publication of notice of public hearing on request of Todd Welch for a site plan amendment to the "C -1,C -Z" Conditional Commercial District for property generally located at 2761 Logan Avenue for the purpose of adding mini - storage facility, as published in the Waterloo Courier on June 13, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118435 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Clark/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: Seven. Motion carried. 118436 - Clark/Jordan that "Resolution approving said site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-434. 118437 - Hurley/Jordan that proof of publication of notice of public hearing on request of William and Dianne Lawless to rezone from "R -1,C -Z" Conditional District to "R-1" Residential District property generally located at 5049 Hess Road for purpose of construction of a single family home, as published in the Waterloo Courier on June 13, 2003, be received and placed on file. Ayes: Seven. Motion carried. 118438 - 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. 118439 - Jordan/Clark that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 342 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 118440 - Getty/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 118441 - Jordan/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 342 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4621. June 23, 2003 Page 4 PETITIONS FROM PUBLIC 118442 - Hurley/Welper that communication from City Planner transmitting request of Claassen Engineering on behalf of Kline Enterprises, Inc. for a minor site plan amendment to the "R -3,R -P" Planned Residence District for property generally located west of Kimpston Circle along West 4th Street to change location of streets northwest of Ekho Ridge, construct eleven 6-plexes and increase number of on-site parking, be received, placed on file and "Resolution approving said minor site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-435. DOCUMENTS 118443 - Getty/Kincaid that communication from Assistant City Engineer transmitting construction plans for sanitary sewer, storm sewer and paving serving Klingaman Park Third Addition, as submitted by Wayne Claassen Engineering and Surveying, Inc. of Waterloo, Iowa, and Sewage Treatment Agreement with the Iowa Department of Natural Resources be received, placed on file and "Resolution approving said plans and agreement", be adopted, and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Welper stated this subdivision includes the rolled curb and asked if the rolled curb doesn't work out who will be responsible. Mayor Rooff responded that the taxpayers would be responsible, and that when the council made the decision to approve the rolled curb they knew at the time who would be responsible. Councilperson Welper stated that a rolled curb was tried in Cedar Falls, it didn't work out and the developer had to replace the curb. 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. 2003-436. 118444 - Getty/Kincaid that communication from City Engineer transmitting Change increase in the amount of $4,967.76 for work performed by in conjunction with F.Y. 2002 Sidewalk Repair Program - 648, be received, placed on file and approved and Mayor same. Ayes: Seven. Motion carried. 118445 - Getty/Kincaid Order No. 1 for a net B & B Building Supply Zone 2, Contract No. authorized to execute that communication from City Engineer transmitting Change Order No. 1 for a net increase in the amount of $1,783.75 for work performed by Todd Van Dorn Construction in conjunction with F.Y. 2003 Sidewalk Repair Block Grant Program - Zone 2, Contract No. 649, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 118446 - Getty/Kincaid that communication from City Engineer transmitting Change Order No. 1 for a net increase in the amount of $17,795.19 for work performed by Rampart Corporation in conjunction with F.Y. 2002 Greenhill Road Recreational Trail Repair -Phase 2, Contract No. 656, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 118447 - Hurley/Jordan that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Rampart Corporation of Waterloo, Iowa, at a total cost of $59,358.19 in conjunction with F.Y. 2002 Greenhill Road Recreational Trail Repair -Phase 2, Contract No. 656, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-437. • • • • June 23, 2003 DOCUMENTS CONTINUED 118448 - Hurley/Jordan Page 5 that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Todd Van Dorn Construction of Cedar Falls, Iowa, at a total cost of $24,459.65 in conjunction with F.Y. 2003 Sidewalk Repair Block Grant Program -Zone 2, Contract No. 649, be received, placed on file and "Resolution approving said documents", be adopted and two- year Maintenance Bond be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-438. 118449 - Hurley/Jordan that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by B & B Builders and Supply of Waterloo, Iowa, at a total cost of $48,681.36 in conjunction with F.Y. 2002 Sidewalk Repair Program - Zone 2, Contract No. 648, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-439. 118450 - Jordan/Welper that communication from City Planner transmitting Final Plat of RS Addition, together with report of City Engineer, Deed of Dedication, Certificate of Survey and Staff Report, be received, placed on file and "Resolution approving said Final Plat", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Hurley stated that the staff report said the Deed of Dedication should also incorporate some changes per the Technical Review Committee. Noel Anderson, City Planner, reported that Tract A will be dedicated to the city for right-of-way purposes. The plat should designate this dedication as well as state that Tract B be used for farm access purposes only. 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. 2003-440. RESOLUTIONS TO BE ADOPTED 118451 - Jordan/Hurley that communication from Chief Financial Officer transmitting various fund transfers be received, placed on file and "Resolution approving said fund transfers", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-441. 118452 - Jordan/Hurley that communication from City Clerk transmitting request to certify to property taxes certain unpaid garbage and sewer fees 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. 2003-442. 118453 - Jordan/Hurley that communication from Community Development Director transmitting amendment to the FY03 Consolidated Plan for use of CDBG and HOME Program funds and authorizing submission to the U.S. Department of Housing and Urban Development be received, placed on file and "Resolution approving said amendment", be adopted and Mayor authorized to submit to U.S. Department of Housing and Urban Development. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-443. June 23, 2003 Page 6 RESOLUTIONS TO BE ADOPTED CONTINUED 118454 - Jordan/Hurley that "Resolution approving building permit fee schedule", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Jordan stated that before tonight's work session he was going to vote no, but the contractors are happy with the Building Department, and they support the fees. Councilperson Hurley concurred with Councilperson Jordan, but there was an indication by the contractors that they are looking for any return on the increases. Councilperson Hurley stated he would accept not only the change in bases and increase revenues, but suggested that the revenues be split 50 percent to the general fund and 50 percent to the Building Department to use for state of the art equipment to make the department more efficient. Councilperson Jordan stated he would like a plan from Lou Cutwright, Building Official/Maintenance Administrator, before he could approve splitting the revenues. Mayor Rooff reported the purchase of equipment for the Building Department would probably come out of the capital improvement program. Hurley/Greenwood that the motion be amended that the additional fees be split 50 percent to the general fund and 50 percent for the Building Inspection Department. Prior to a vote on the amendment, the following comments were heard. Councilperson Getty stated he is not ready to vote for the increase in fees even though the contractors talked about the Building Department and the fee schedule change. Councilperson Welper revenues 50/50, but budget. Following comments a Ayes: One. Nays: failed. stated it is too early to discuss splitting the additional he would rather wait to see where we are at with the vote was taken on the amendment with the following result. Kincaid, Welper, Greenwood, Clark, Jordan, Getty. Motion 118455 - Councilperson Clark stated he is opposed to a fee increase until he sees it is necessary to run the department and 100 percent of the additional fees goes to the Building Department. Councilperson Clark stated at this point he does not support a fee increase. A vote was taken on the original motion with the following result. Ayes: Five. Nays: Clark, Getty. Resolution adopted and upon approval by Mayor assigned No. 2003-444. 118456 - Welper/Jordan that communication from Human Resources Director transmitting recommendation of 3.5 percent salary increase for non -bargaining employees effective July 1, 2003, and contribution of $750.00 into a Voluntary Employees Beneficiary Association for each full-time non -bargaining employee payable January 1, 2004, be received, placed on file and "Resolution approving said recommendation", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty stated that the council is in the process of looking at all aspects of the budget to come up with $1.2 shortfall. Councilperson Getty stated he agrees non -bargaining employees deserve a raise, but we have not received any answers from the unions. Councilperson Getty recommended that the salary increase for non -bargaining employees be tabled until the council can do both together. Getty/Clark that communication from Human Resources Director transmitting recommendation of 3.5 percent salary increase for non -bargaining employees effective July 1, 2003, and contribution of $750.00 into a Voluntary Employees Beneficiary Association for each full-time non -bargaining employee payable January 1, 2004, be tabled until Thursday, June 26, 2003. Ayes: Seven. Motion carried. • • June 23, 2003 BILLS PAYMENT 118457 - Jordan/Greenwood Page 7 that "Resolution approving Schedule AP640, pp. 1-104, dated June 23, 2003, in the amount of $2,993,179.05, 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. 2003-445. NEW BUSINESS 118458 - Jordan/Clark to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2003 Fairway Seeding Project, be received and placed on file. Ayes: Seven. Motion carried. 118459 - Clark/Jordan that plans, specifications, form of contract, etc. in conjunction with 2003 Fairway Seeding Project, be received and placed on file. Ayes: Seven. Motion carried. 118460 - Jordan/Clark that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-446. 118461 - Jordan/Clark that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as July 7, 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. 2003-447. 118462 - Clark/Jordan that "Resolution setting date of hearing as July 14, 2003, on Municipal Governmental Lease Purchase Agreement with John Deere Credit to purchase equipment in the amount of $439,225.21", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-448. ADJOURNMENT 118463 - Hurley/Clark that the Council adjourn at 6:14 p.m. Ayes: Seven. Motion carried. Nancy ckert City Clerk