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HomeMy WebLinkAboutMinutes-11/17/2003November 17, 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 17, 2003. Mayor John R. Rooff in the Chair. Roll Call: Kincaid, Welper, Greenwood, Clark, Jordan, Hurley. Invocation by: Don Temeyer, Community Planning and Development Director. Pledge of Allegiance: Nancy Eckert, City Clerk. ORAL PRESENTATIONS 119107 - Phil Goedken, 409 Baltimore, stated he is a member of Walnut Ridge Baptist Church, a member of the School Board, his wife teaches school at Walnut, one of his children graduated from Walnut Ridge Baptist School, with four other children currently attending the school, and he is representing Walnut Ridge Baptist Church. Mr. Goedken reported that a car accident recently took place on the corner of Ansborough and Ridgeway Avenues as a vehicle was waiting to turn left onto their property. Mr. Goedken stated he contacted the city requesting school signs and has been told that a traffic study needs to be done. Mr. Goedken stated he has seen signs for the High School, St. Edwards Catholic School, Sacred Heart Catholic School, and Irving Elementary School. Mr. Goedken stated Walnut Ridge Baptist Church is a certified K - 12 school and asked why do they need a traffic study. Mr. Goedken stated a car wash is under construction, a video store is planned, the city is talking about the Ansborough Avenue Interchange and signals for Ansborough and 4th and Ansborough and Ridgeway have been updated in the past 30 days. Mr. Goedken stated they expect to see an increase in traffic with the new businesses. Mr. Goedken stated there have been two accidents in the area in the past 12 weeks. Sandie Greco, Superintendent of Traffic Operations, reported that her department has completed a traffic study on the pedestrian crossing in the area, and there were none except for a class going to a store. Ms. Greco stated her department has conducted a traffic study for speeds and installed a protected left turn on Ansborough Avenue a few weeks ago. Ms. Greco reported that the studies have to be done, that the city cannot just lower the speed limit, and the studies take a while. Ms. Greco stated that her office should have an answer for Mr. Goedken within a week. Theresa Mosley, Chairperson of Roosevelt Neighborhood Association and Neighborhood Coalition, reported that her nephew was hit by a car in front of Logan School and asked what has been done about that. Ms. Mosley stated that the principal said he would go to the city to get something done. Mayor Rooff responded that Ms. Mosley left a message at his office, he returned the call and Ms. Mosley said she would call the school to see what was being done. Ms. Greco stated that no one has contacted her. Mayor Rooff asked Ms. Greco to contact Logan School regarding this item. Jim Garland, 1831 Independence Avenue and owner of the Half Pint Saloon, stated he wished to voice his outrage as the Fire Department has put another hardship on businesses, forcing bars and restaurants to install fire retardant paneling. Mr. Garland stated his building was built over 30 years ago out of stick lumber. Mr. Garland stated when he asked when this regulation came about, he was told about ten years ago, but the city has never enforced it. Mr. Garland stated that basically this is required only of bars and restaurants and is being enforced because of the East Coast incident. Mr. Garland stated it is unfair that bars and restaurants are the only buildings the code is applied, and other buildings are not included. The other buildings have paneling, but this ordinance does not apply to them, its always stick the little guy. Mr. Garland stated he has been told if his business doesn't conform to the ordinance, they will not be able to get their liquor license. Mr. Garland stated he believes if everyone had to put on this paneling, there would be an outcry, and as a small business owner he is tired of another rule and regulation on businesses. Mr. Garland asked the council to support small businesses. Mr. Garland stated he was going to ask everyone to call the mayor and council regarding this regulation. Mr. Garland stated the city needs to be realistic and be certain things can be done, and he didn't even know it was required. Mayor Rooff asked Councilpersons Kincaid and Getty to visit Mr. Garland's establishment and talk to Ned DeBerg, Fire Chief. 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. November 17, 2003 Page 2 ORAL PRESENTATIONS CONTINUED Getty/Jordan that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 119108 - Jordan/Greenwood that the Agenda, as proposed, for the Regular Session on Monday, November 17, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 119109 - Jordan/Greenwood that the Minutes, as proposed, for the Regular Session on Monday, November 10, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a proclamation declaring November 16-22, 2003, Hunger and Homelessness Awareness Week. CONSENT AGENDA 119110 - Hurley/Jordan that the following items on the consent agenda be received, placed on file and approved: a. Motion to approve the following: 1. Ralph Baracz, Fire Department Instructor, to teach Haz Mat Recertification to Advanced Transformers Corporation in Monroe, Wisconsin, on November 10-11, 2003, with costs not to exceed $254.00. 2. Mohammad Elahi, Traffic Engineer; and Randy Heiberger, Signal Technician Foreman, to attend 2003 User's Group Conference - Brown Traffic Products in Davenport, Iowa, on December 2-4, 2003, with costs not to exceed $470.00, including use of city vehicle. 3. Scott Lake, Police Investigator, to travel to Denver, Colorado, on November 5-7, 2003, regarding a criminal investigation, with costs not to exceed $840.97. b. Beer License Permit Application Class C Casey's General Store, 3035 Logan Avenue (Renewal) (Expires 12/31/04) (Includes Sunday Sales) c. Beer/Liquor License Permit Application Class C Embassy Lounge, 225 East 5th Street (Renewal) (Expires 11/22/04) (Includes Sunday Sales) d. Resolution -to approve the following: 1. Communication from City Engineer transmitting request of Megan Lostroh for a waiver for a concrete driveway to be located at 817 Lorraine Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2003-761. Ayes: Seven. Motion carried. PETITIONS FROM PUBLIC 119111 - Getty/Kincaid that communication from City Planner transmitting request of Mark and Donna Newgren to vacate, sell and convey for $1.00 an alleyway generally located north of Stratford Avenue and east of Wallgate Avenue, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as December 8, 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. 2003-762. • November 17, 2003 PETITIONS FROM PUBLIC CONTINUED 119112 - Getty/Kincaid Page 3 that communication from City Planner transmitting request of Granger & Associates and Edgerton Construction to appeal the Sidewalk & Driveway Policy, Section 7, to allow multiple curb cuts on lots having less than 100 feet of frontage for Lots 144-152 in Granger's 2nd Addition and generally located on Pheasant Lane, extending northerly off Brookeridge Drive (near Fareway and McDonald's), together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said curb cuts", be adopted. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 2003-763. REPORTS 119113 - Jordan/Welper that communication from City Engineer transmitting F.Y. 2004 Street Reconstruction Program list and F.Y. 2004 Asphalt Overlay Program list be received, placed on file and that "Resolution approving said Street Reconstruction and Asphalt Overlay Program Lists", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-764. 119114 - Jordan/Welper that communication from City Clerk transmitting Abstract of Votes for Municipal Election held on November 4, 2003, be received and placed on file. Ayes: Seven. Motion carried. DOCUMENTS 119115 - Welper/Hurley that communication from Airport Director transmitting Change Order No. 1 for a net increase in the amount of $18,950.00 for work performed by Iowa -Illinois Taylor Insulation of Davenport, Iowa, in conjunction with Waterloo Regional Airport Terminal Renovation, be received, placed on file and approved and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Brad Hagen, Airport Director, reported that Change Order No. 1 is for removal of asbestos during the Terminal Renovation Project. The contractor found more asbestos material in the ceilings and under floor tiles during the construction process. Change Order No. 6 involves runway power. The as -built plans indicated that existing panels were discontinued. After disconnecting those panels, we found that they served the runway lighting system. Since the runway lighting is on 277 power and the terminal is on 240 power, we needed to install a transformer to provide back up power to run the airfield lights. The second item on Change Order No. 6 is for a concrete drive entrance island in front of the Terminal to help with parking. The change orders will paid with the FAA grant paying for 46 percent, bond monies paying 44 percent and PFC fund paying 10 percent. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 119116 - Welper/Hurley that communication from Airport Director transmitting Change Order No. 6 for a net increase in the amount of $48,537.00 for work to be performed by Peters Construction of Waterloo, Iowa, in conjunction with Waterloo Regional Airport Terminal Renovation, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 119117 - Hurley/Greenwood that communication from Community Planning & Development Director transmitting an agreement with Iowa Department of Economic Development for a Community Development Fund grant in the amount of $15,000.00 to be used to assist Cedar Valley Economic Development Corporation complete a new Targeted Industry Analysis for Black Hawk County, with local match to be provided by MidAmerican Energy and Cedar Valley Economic Development Corporation, 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. 2003-765. November 17, 2003 Page 4 DOCUMENTS CONTINUED 119118 - Hurley/Greenwood that communication from Community Development Director transmitting an application with the U.S. Department of Housing and Urban Development (HUD) for FY 2004 Economic Development Initiative Special Purpose grant in the amount of $357,660.00 to be used for infill construction, acquisition and demolition, community policing and emergency roof repairs in the targeted Brownfields area, with no required local match, 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. 2003-766. 119119 - Getty/Welper that communication from City Planner transmitting Final Plat of Nottingham First 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. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-767. 119120 - Getty/Welper that communication from City Planner transmitting extension of an agreement with American Cable Company of Philadelphia to lease property located at 910 Sycamore Street for $750.00 per month for the period of November 1, 2003 through January 2004, with the lease to continue on a monthly basis after that time, be received, placed on file, and "Resolution approving said lease agreement", be adopted and Mayor and City Clerk authorized to execute the same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-768. RESOLUTIONS TO BE ADOPTED 119121 - Kincaid/Welper that communication from City Clerk transmitting amendment to Resolution No. 2003-379 to correct published amount of bills payment resolution approved by the council on May 27, 2003, be received, placed on file and "Resolution approving said amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-769. 119122 - Kincaid/Welper that communication from Chief Financial Officer transmitting Fiscal Year 2003 Annual Financial Report to be filed with the State Auditor be received, placed on file and "Resolution approving said Financial Report", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-770. 119123 - Kincaid that "Resolution supporting new affordable housing development near the Martin Luther King Jr. Drive and Idaho Street intersection and an application with the Iowa Finance Authority for Low -Income Housing Tax Credit" be adopted. Councilperson Kincaid stated that the Neighborhood Associations would like more input on this development before anything is done. Councilperson Kincaid stated that it is his understanding that the developer will have to come back before the council for rezoning of the property before any development. Councilperson Clark asked that this item be tabled to allow time for council members to get several questions answered. Clark/Kincaid that the above resolution be tabled. Ayes: Six. Nays: Greenwood. Motion carried. • • November 17, 2003 BILLS PAYMENT 119124 - Jordan • • Page 5 that "Resolution approving Schedule AP640, pp. 1-98, dated November 17, 2003, in the amount of $2,389,510.27, 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. 2003-771. NEW BUSINESS 119125 - Getty/Kincaid that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $1,640.00 for work performed by the Water Works at 217 Kothe Avenue, 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. 2003-772. 119126 - Getty/Kincaid that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $850.00 for work performed by the Water Works at 212 E. Mullan Avenue, 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. 2003-773. 119127 - Getty/Welper that the Council adjourn to Executive Session at 6:13 p.m. Ayes: Seven. Motion carried. EXECUTIVE SESSION Jim Walsh, City Attorney, stated that discussion of pending or potential litigation is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1) (c) (2003) . 1. Discussion of settlement agreement with Shawn Burt 2. Discussion of Civil Service Commission ruling for Randy Shepard 119128 - Hurley/Jordan that the Council adjourn Executive Session at 6:44 p.m. Ayes: Seven. Motion carried. 119129 - Clark/Jordan that Settlement Agreement with Shawn Burt and International Association of Fire Fighters, Local 66, 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. 2003-774. ADJOURNMENT 119130 - Jordan/Welper that the Council adjourn at 6:45 p.m. Ayes: Seven. Motion carried. qtrzAt Nancy ` ckert City Clerk