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HomeMy WebLinkAboutMinutes-11/03/2003• • November 3, 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, November 3, 2003. Mayor John R. Rooff in the Chair. Roll Call: Kincaid, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Walter Reed, Executive Director of Human Rights Commission. Pledge of Allegiance: Councilperson Tim Hurley. ORAL PRESENTATIONS 119036 - Mary Haasis, 116 Courtland, reported there is construction in the Cedar Bend Park area by Lincoln School, and some refuse and tires have been left by the dock. Mayor Rooff asked Paul Huting, Leisure Services Director, to investigate in the morning. Getty/Clark that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 119037 - Jordan/Clark that the Agenda, as proposed, for the Regular Session on Monday, November 3, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 119038 - Jordan/Clark that the Minutes, as proposed, for the Regular Session on Monday, October 27, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a proclamation declaring November 2003 as Hospice Month. CONSENT AGENDA 119039 - Hurley/Jordan that the following items on the consent agenda be received, placed on file and approved: b. Motion to approve the following: 1. Tim Shea, Superintendent of Waste Management Services, to attend Educational CEU classes towards certification in Des Moines, Iowa, on November 11-13, 2003, with costs not to exceed $255.00, including use of city vehicle. 2. Gary Heinick, Associate Engineer, to attend IASE Iowa Conference on Safety Course in Des Moines, Iowa, on November 6-7, 2003, with costs not to exceed $226.48, including use of city vehicle. 3. Bruce Arends, Police Captain; Michael McNamee, Police Sergeant; and William Herkleman, Deputy Sheriff, to attend Methamphetamine Conference in Long Beach, California, on November 2-6, 2003, with costs not to exceed $2,876.96. 4. Monty Frana, Police Sergeant; Michael Dobson and Brian Hoelscher, Police Officers, to attend Urban Potential Seminar in Waterloo, Iowa, on October 28, 2003, with costs not to exceed $396.00. 5. Robert Duncan and Jeremy Pohl, Police Investigators, to attend State and Local Anti -Terrorism Workshop in Dubuque, Iowa, on November 17-20, 2003, with costs not to exceed $469.00, including use of federal vehicle. 6. Sherry Thomas, Rehabilitation Specialist, to attend MSA Professional Training course in Dubuque, Iowa, on November 13, 2003, with costs not to exceed $315.00, including use of city vehicle. 7. Michelle Weidner, Chief Financial Officer, to attend Extra Strength GASB #34 Class in Cedar Rapids, Iowa, on November 14, 2003, with costs not to exceed $300.00. November 3, 2003 Page 2 CONSENT AGENDA CONTINUED b. Beer/Liquor License Permit Application Class C Odessey, 501 Independence Avenue (New) (Expires 10/28/04) (Includes Sunday Sales) Balkan Bar Restoran, 213-215 East 5th Street (Renewal) (Expires 11/16/04) (Includes Sunday Sales) Barney's, 501 West 4th Street (New) (Expires 11/7/04) (Includes Sunday Sales) c. Beer License Permit Application Class B La Michuacana Restaurant, 1221 Franklin Street (Renewal) (Expires 11/11/04) (Includes Sunday Sales) d. Beer License Permit Application Class C Kum & Go, 3016 Marnie Avenue (Renewal) (Expires 12/10/04) (Includes Sunday Sales) Franklin Super Value, 1975 Franklin Street (Renewal) (Expires 11/01/04) (Includes Sunday Sales) e. Liquor License Permit Application Class A The Supervisors Club, 3265 DeWitt Road (Renewal) (Expires 11/9/04) (Includes Sunday Sales) f. Liquor License Permit Application Class E Franklin Super Value, 1975 Franklin Street (Renewal) (Expires 11/01/04) (Includes Sunday Sales) g Wine License Permit Application Class B Franklin Super Value, 1975 Franklin Street (Renewal) (Expires 11/01/04) Ayes: Seven. Motion carried. HEARINGS 119040 - Getty/Kincaid that proof of publication of notice of public hearing on request of Pathways Behavioral Services to vacate, sell and convey a portion of the University Avenue northerly frontage road generally located in front of 3362 University Avenue for $2,752.00, as published in the Waterloo Courier on October 27, 2003, be received and placed on file. Ayes: Seven. Motion carried. 119041 - 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. 119042 - Jordan/Hurley that "an Ordinance vacating a portion of the University Avenue northerly frontage road generally located in front of 3362 University Avenue", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 119043 - Welper/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 119044 - Getty/Kincaid that "an Ordinance vacating a portion of the University Avenue northerly frontage road generally located in front of 3362 University Avenue", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4652. 1 • ' November 3, 2003 • • HEARINGS CONTINUED 119045 - Jordan/Welper Page 3 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. 2003-732. 119046 - Welper/Jordan that proof of publication of notice of public hearing on the request of Milt Dakovich to vacate the southerly and internal easements generally located between Lots 12 and 13 in Audubon Heights Second Addition to allow for a single-family home to be constructed across the line between the two lots, as published in the Waterloo Courier on October 27, 2003, be received and placed on file. Ayes: Seven. Motion carried. 119047 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Jordan 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: Seven. Motion carried. 119048 - Hurley/Greenwood that "an Ordinance vacating the southerly and internal easements generally located between Lots 12 and 13 in Audubon Heights Second Addition", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 119049 - Greenwood/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 119050 - Kincaid/Welper that "an Ordinance vacating the southerly and internal easement generally located between Lots 12 and 13 in Audubon Heights Second Addition", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4653. UNFINISHED BUSINESS 119051 - Clark/Jordan that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $17,000.00 per year to Kriss Premium Quality Industrial Chemicals and Water Treatment of Minneapolis, Minnesota, in conjunction with Treatment of Heating and Cooling Water Systems in City Buildings, be received, placed on file and "Resolution approving said award of contract", be adopted. Prior to a vote on the above motion, the following comments were heard. Lou Cutwright, Building Official/Maintenance Administrator, reported that bid documents were sent to four companies and two companies responded with Kriss Premium Quality Industrial Chemical and Water Treatment the low bidder. 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. 2003-733. REPORTS 119052 - Welper/Kincaid that communication from Ron Vose transmitting report from Environmental Protection Agency in conjunction with city's effort to revitalize former Chamberlain Manufacturing Company property be received placed on file and report forwarded to Howard R. Green Company. Ayes: Seven. Motion carried. November 3, 2003 DOCUMENTS Page 4 119053 - Getty/Clark that communication from Building Official/Maintenance Administrator transmitting Contracts and Certificate of Insurance in the amount of $17,000.00 per year from Kriss Premium Quality Industrial Chemicals and Water Treatment of Minneapolis, Minnesota, in conjunction with Treatment of Heating and Cooling Water Systems in City Buildings, 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. 2003-734. 119054 - Getty/Clark that communication from Associate Engineer transmitting 28E Agreement with the City of Hudson for design, letting, construction and inspection of asphalt trail along Sergeant Road from Falls Avenue to Walnut Street in Hudson, with a total estimated project cost of $450,000.00, with the city responsible for $72,270.00, be received, placed on file and "Resolution approving said 28E Agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Hurley stated that according to the agreement Hudson would pay not to exceed 19.7 percent of the DIA costs, with the maximum amount to be paid by Hudson for DIA costs to be $5,910.00. Hudson will be responsible for 19.7 percent of the construction costs, with the maximum amount to be paid by Hudson for construction costs to be $17,730.00. Councilperson Hurley asked if there is a overrun of the cost of the project, does the City of Waterloo absorb the overrun costs. Eric Thorson, City Engineer, responded that these figures are based on the project estimated costs of $450,000.00. If the bids come in higher, the city would take the increase in cost back to the City of Hudson. Mr. Thorson stated that this is a pretty straightforward project, and he does not anticipate any costs overrun during the project. If there are any change orders, both cities would have to agree to the change orders and pay their appropriate share. Following comments a vote was taken on the original motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-735. 119055 - Getty/Clark that communication from Community Planning and Development Director transmitting agreement with Howard R. Green Company for engineering services in conjunction with CMC building demolition plans and specifications, at a maximum cost of $47,500.00 using Iowa Brownfield's grant funding, 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. 2003-736. 119056 - Getty/Clark that communication from Associate Planner transmitting request from Walt Tournier for tax exemptions on improvements totaling $125,000.00 for property located at 747 W. Donald Street in the Consolidated Urban Revitalization Area Plan (CURA), 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. 2003-737. 119057 - Getty/Clark that communication from Associate Planner transmitting request from Davy Krueger for tax exemptions on improvements totaling $14,000.00 for property located at 1811 Howard Avenue in the Consolidated Urban Revitalization Area Plan (CURA), 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. 2003-738. • • November 3, 2003 • • DOCUMENTS CONTINUED 119058 - Getty/Clark Page 5 that communication from Leisure Services Director transmitting an application to the Community Foundation of Waterloo/Cedar Falls and Northeast Iowa for funding in the amount of $25,000.00, with no required match, to be used to purchase a new Microprocessor Control Unit for the ice system at Young Arena 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. 2003-739. 119059 - Getty/Clark that "Resolution approving and accepting Quit Clam Deed from Alfred and Viola Herbsleb for property generally described as Garden Avenue, just north of 1635 Garden Avenue", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-740. ORDINANCES TO BE ADOPTED 119060 - Clark/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 349 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the third time (request of Jay Trevor, owner of Roosevelt Housing Partners, LLP to rezone from "R-2" One and Two Family Residence District to "R -4","R -P" Planned Multiple Residence District property generally located at 200 East Arlington Street for the purpose of creating a 21 -unit multifamily senior apartment complex). Prior to a vote on the above motion, the following comments were heard. Jim Walsh, City Attorney, stated that the plan submitted in support of the rezoning specifically states that the project will be for 21 senior housing units and the use will be limited to that. If it does not appear that the project can proceed as planned, the property can be rezoned again to put it back the way it was before. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 119061 - Clark/Jordan that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 349 to Section 2A-5, Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4654. 119062 - Getty/Kincaid that "Resolution supporting submission of Low Income Housing Tax Credit Application for redevelopment of the former Roosevelt School to a 21 -unit senior housing complex", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Rooff stated that Mr. Trevor has received an allocated amount of funds from the Community Development Board for his project. This resolution states that the city supports and approves the redevelopment of the former Roosevelt School building for senior housing. Following comments a vote was taken on the original motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned. No. 2003-741. BILLS PAYMENT 119063 - Jordan/Clark that "Resolution approving Schedule AP640, pp. 1-74, dated November 3, 2003, in the amount of $1,448,734.34, 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 assianed No. 2003-742. November 3, 2003 Page 6 ADJOURNMENT 119064 - Jordan/Clark that the Council adjourn at 5:53 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk • •