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HomeMy WebLinkAboutMinutes-11/10/2003• November 10, 2003 Mayor John R. Rooff administered Oath of Office to Fourth Ward Council Member Elect John Kincaid. 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 10, 2003. Mayor John R. Rooff in the Chair. Roll Call: Kincaid, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Pastor Greg Haugen, Pilgrim Lutheran Church. Pledge of Allegiance: Councilperson Harold Getty. 119065 - Getty/Hurley that the Agenda, as proposed, for the Regular Session on Monday, November 10, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 119066 - Jordan/Welper that the Minutes, as proposed, for the Regular Session on Monday, November 3, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. ORAL COMMENTS 119067 - Mayor Rooff announced a meeting will be held on Thursday, November 20, 2003 at 6:30 p.m. at the Waterloo Center For The Arts to discuss the Waterloo Riverfront Renaissance - Vision Iowa Projects. Waterloo will be designing a Riverwalk Loop, Cedar River Dam Improvements, Amphitheatre and Plaza area to be constructed along the Cider River. The City of Waterloo and its consultants would like to share information about the Vision Iowa Projects and receive input. Getty/Jordan that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. CONSENT AGENDA 119068 - Hurley/Jordan that the following items on the consent agenda be received, placed on file and approved: a. Motion to approve the following: 1. James Walsh, City Attorney, to attend Iowa Municipal Attorney's Association 2003 Annual Seminar in West Des Moines, Iowa, on November 21, 2003, with costs not to exceed $141.00. 2. Dave Zellhoefer, Assistant City Attorney, to attend New City Attorney's Institute in Urbandale, Iowa, on November 20, 2003, with costs not to exceed $111.00. 3. Walter Reed, Jr., Executive Director of Human Rights Commission; and Sherry Etringer, CVDAT Coordinating Council Member, to attend Investing in Iowa's Youth, Investing in Iowa's Future - Second Annual Conference in Des Moines, Iowa, on November 13-14, 2003, with costs not to exceed $382.16, including use of city vehicle. 4. Larry Smith, Assistant 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. 5. R. Allen Hays, Professor Department of Public Policy at University of Northern Iowa, to attend Dubuque Racial Profiling Focus Group meetings in Dubuque, Iowa, on October 11 and October 24, 2003, with costs not to exceed $234.61. b. Beer License Permit Application Class C Europa Market, 301 West 5th Street (Renewal) (Expires 11/11/04) (Includes Sunday Sales) Petro N Provision, 1615 Bishop Avenue (Renewal) (Expires 12/25/04) (Includes Sunday Sales) November 10, 2003 Page 2 CONSENT AGENDA CONTINUED c. Beer/Liquor License Permit Application Class C Packers Inn, 201 Rath Street (Renewal) (Expires 10/31/04) (Includes Sunday Sales) d. Liquor License Permit Application Class E Europa Market, 301 West 5th Street (New) (11/11/04) (Includes Sunday Sales) e. Going Out of Business Sale Application Red Wing Shoe Store, 2010 East Ridgeway Avenue (60 days) f. Cigarette Permit Application Franklin Super Valu, 1975 Franklin Street g. Bonds. h. Application for Fireworks Display Hawkeye Community College, 1501 East Orange Road on November 29, 2003 Ayes: Seven, with Councilperson Clark voting nay on al, a2 and a5. Motion carried. HEARINGS 119069 - Jordan/Clark that proof of publication of notice of public hearing on request of Ansborough Wash Partners to vacate easement generally located along the north property line of Lot 8 in Ridgeview Addition, as published in the Waterloo Courier on October 29, 2003, be received and placed on file. Ayes: Seven. Motion carried. 119070 - 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. 119071 - Getty/Welper that "an Ordinance vacating easement generally located along the north property line of Lot 8 in Ridgeview Addition", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 119072 - Welper/Kincaid that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 119073 - Jordan/Clark that "an Ordinance vacating easement generally located along the north property line of Lot 8 in Ridgeview Addition", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4655. 119074 - Hurley/Jordan that proof of publication of notice of public hearing on amendment to Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to accessory buildings, calculation of average front yard setback requirements, changes to Principle Permitted Uses of the "A-1" Agricultural District, and changes to the wording of provision of open porches and decks, as published in the Waterloo Courier on October 30, 2003, be received and placed on file. Ayes: Seven. Motion carried. • November 10, 2003 • • HEARINGS CONTINUED Page 3 119075 - 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 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. 119076 - Getty/Jordan that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to accessory buildings, calculation of average front yard setback requirements, changes to Principle Permitted Uses of the "A-1" Agricultural District, and changes to the wording of provision of open porches and decks", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 119077 - Jordan/Kincaid that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 119078 - Welper/Jordan that "an Ordinance amending Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to accessory buildings, calculation of average front yard setback requirements, changes to Principle Permitted Uses of the "A-1" Agricultural District, and changes to the wording of provision of open porches and decks", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4656. UNFINISHED BUSINESS 119079 - Getty/Clark that communication from Superintendent of Waste Management Services transmitting recommendation of award of contract in the amount of $44.85 per ton to Denver Construction, Inc. of Denver, Iowa, in conjunction with Waterloo Drop Off Site Recycling Collection and Disposal Program, 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. Tim Shea, Superintendent of Waste Management Services, reported that with the tons of material collected, this contract will save the City of Waterloo $88,000.00. 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. 2003-743. PETITIONS FROM PUBLIC 119080 - Welper/Jordan that communication from City Planner transmitting request of John Hill and Andy Austin to vacate, sell and convey for $1.00 city right-of-way generally located along the southerly intersection of Marigold Drive and Washington 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 December 1, 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. 2003-744. November 10, 2003 Page 4 DOCUMENTS 119081 - Clark/Kincaid that communication from Superintendent of Waste Management Services transmitting Contracts, Bonds and Certificates of Insurance in the amount of $44.85 per ton from Denver Construction, Inc. of Denver, Iowa, in conjunction with Waterloo Drop Off Site Recycling Collection and Disposal Program, 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. 2003-745. 119082 - Clark/Kincaid that communication from Chief of Police transmitting agreement with the U.S. Department of Justice Office of Community Oriented Policing Services (COPS) for Homeland Security Overtime Program grant in the amount of $99,936.00, with a required local match of $24,984.00, 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. 2003-746. 119083 - Clark/Kincaid that communication from City Engineer transmitting Change Order No. 1 for a net decrease in the amount of $4,866.49 for work performed by Shelter Construction in conjunction with F.Y. 2004 Sidewalk Repair Assessment Program - Zone 3, Contract No. 666, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 119084 - Clark/Kincaid that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Shelter Construction of Waterloo, Iowa, at a total cost of $24,748.22 in conjunction with F.Y. 2004 Sidewalk Repair Assessment Program - Zone 3, Contract No. 666, 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. 2003-747. 119085 - Clark/Kincaid that communication from Assistant City Engineer transmitting Construction Plans for Sanitary Sewer, Storm Sewer and Paving serving Nottingham First Addition, as prepared by Wayne Claassen Engineering and Surveying Inc. of Waterloo, Iowa, and Sewage Treatment Agreement with the Department of Natural Resources be received, placed on file and "Resolution approving said plans and agreement", be adopted, and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-748. 119086 - Clark/Kincaid that communication from Community Planning & Development Director transmitting an agreement with Endeavor Group, Inc. of Milwaukee, Wisconsin, to provide professional services for the redevelopment of the Logan Plaza Shopping Center at a total cost of $20,000.00 be received, placed on file and "Resolution approving said 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 Greenwood asked why the city is spending $20,000.00 for this agreement and why are we going outside the community for the professional services. Noel Anderson, City Planner, reported that the Endeavor Group has experience in working with new market tax credit from the federal government and experience helping redevelopment of shopping centers. 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. 2003-749. • • November 10, 2003 • DOCUMENTS CONTINUED 119087 - Clark/Kincaid Page 5 that communication from Community Development Director transmitting acquisition contract with Edward C. Wyatt to purchase property located at 334 Irving Street at a cost of $6,190.00 using Community Development Block Grant (CDBG) funds be received, placed on file and "Resolution approving said acquisition contract", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-750. 119088 - Clark/Kincaid that communication from City Planner transmitting Quit Claim Deeds from KWWL and Family Video to acquire property needed in conjunction with F.Y. 2003 Intersection Improvements for Franklin Street/1St Street and Franklin Street/5th Street Project, Contract No. 670, be received, placed on file and "Resolution accepting and approving Quit Claim Deeds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-751. RESOLUTIONS TO BE ADOPTED 119089 - Kincaid that communication from President of the Waterloo Convention & Visitors Bureau transmitting recommendation of Waterloo Convention & Visitors Board to suspend the Hotel/Motel Tax Grant Program for one fiscal year beginning July 1, 2004 through June 30, 2005, be received, placed on file and "Resolution approving said request", be adopted. Councilperson Clark stated that there is a great deal of concern about suspending the hotel/motel tax grant program for one year without input from the organizations that will be affected by the change. Clark/Hurley that this item be tabled indefinitely and be brought back to council after meetings have been held with the organizations. Prior to a vote on the above motion, the following comments were heard. Councilperson Hurley volunteered to meet with the organizations and bring back the information in a few weeks. Councilperson Clark suggested that a council work session be held to discuss the impact this would have on the organizations. Following comments a vote was taken on the above motion with the following results. Ayes: Seven. Motion carried. ORDINANCES TO BE ADOPTED 119090 - Hurley/Jordan that "an Ordinance extending the six-month moratorium an additional four months on the construction, development, redevelopment, remodeling or new construction within the Vision Iowa Project area", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. Noel Anderson, City Planner, reported that the moratorium on development in the downtown area expired on October 28, 2003. Mayor Rooff stated that development of the downtown master plan should be completed in about four months and coincide with this ordinance. Mr. Anderson stated that the moratorium will keep new project from happening while we continue to update the Vision Iowa Master Plan. Mr. Anderson stated that the intent of the moratorium is not to keep existing businesses from growing, but to stop renovation of empty buildings which could increase the sale price of those buildings. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Clark. Motion carried. November 10, 2003 ORDINANCES TO BE ADOPTED CONTINUED 119091 - Jordan/Getty Page 6 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 119092 - Welper/Jordan that "an Ordinance extending the six-month moratorium an additional four months on the construction, development, redevelopment, remodeling or new construction within the Vision Iowa Project area", be received, placed on file, considered and passed for the second and third times and adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Hurley stated at first he was against the moratorium, but in reading the material it is clearly to allow Vanderwalle & Associates to complete the downtown master plan. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Clark. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 4657. BILLS PAYMENT 119093 - Jordan/Clark that "Resolution approving Schedule AP640, pp. 1-49, dated November 10, 2003, in the amount of $1,134,229.25, 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. 2003-752. NEW BUSINESS 119094 - Getty/Jordan that "Resolution approving abandonment schedule in conjunction with F.Y. 2004 Sidewalk Repair Assessment Program - Zone 3, Contract No. 666", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-753. 119095 - Jordan/Getty that "Resolution adopting and levying final schedule of assessments and providing for payment thereof in conjunction with F.Y. 2004 Sidewalk Repair Assessment Program - Zone 3, Contract No. 666 ", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-754. 119096 - Hurley/Getty that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $398.00 for work performed by the Water Works at 1320 Leavitt 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. 2003-755. 119097 - Hurley/Getty that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $398.00 for work performed by the Water Works at 1322 Leavitt 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. 2003-756. • • November 10, 2003 • • NEW BUSINESS CONTINUED 119098 - Getty/Clark Page 7 to instruct Leisure Services Director to prepare plans, specifications, form of contract in conjunction with Iry Warren Memorial Golf Cart Storage Building be received, placed on file and approved. Ayes: Seven. Motion carried. 119099 - Jordan/Welper that plans, specifications, form of contract, etc. in conjunction with Iry Warren Memorial Golf Cart Storage Building be received and placed on file. Ayes: Seven. Motion carried. 119100 - Jordan/Welper that "Resolution preliminarily approving plans, specifications, form of contract etc. in conjunction with Iry Warren Memorial Golf Cart Storage Building", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-757. 119101 - Getty/Greenwood that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and taking of bids as December 1, 2003, at 5:30 p.m. in the City Hall Council Chambers 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. 2003-758. 119102 - Getty/Clark to instruct Leisure Services Director to prepare plans, specifications, form of contract in conjunction with Gates Pro Shop ADA Restroom Addition be received, placed on file and approved. Ayes: Seven. Motion carried. 119103 - Jordan/Welper that plans, specifications, form of contract, etc. in conjunction with Gates Pro Shop ADA Restroom Addition be received and placed on file. Ayes: Seven. Motion carried. 119104 - Jordan/Welper that "Resolution preliminarily approving plans, specifications, form of contract etc. in conjunction with Gates Pro Shop ADA Restroom Addition", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-759. 119105 - Getty/Greenwood that "Resolution setting date of hearing on plans, specifications, form of contract, etc. and taking of bids as December 1, 2003, at 5:30 p.m. in the City Hall Council Chambers 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. 2003-760. ADJOURNMENT 119106 - Jordan/Clark that the Council adjourn at 5:59 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk