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HomeMy WebLinkAboutMinutes-12/11/2000December 11, 2000 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, December 11, 2000. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Krizek, Murphy, Gronen, Getty, Berry. Invocation by: Councilperson Anders Pledge of Allegiance: Eric Thorson, City Engineer. 114626 - Getty/Jordan that the Agenda, as amended, for the Regular Session on Monday, December 11, 2000, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 114627 - Murphy/Gronen that the Minutes, as proposed, for the Regular Session on Monday, December 4, 2000, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. HEARINGS AND BIDS 114628 - Jordan/Krizek that proof of publication of notice of public hearing on F.Y. 2001 Rath Vertical Kill Building Demolition, Contract No. 628, as published in the Waterloo Courier on November 28, 2000, be received and placed on file. Ayes: Seven. Motion carried. 114629 - 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 oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 114630 - Berry/Jordan that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2001 Rath Vertical Kill Building Demolition, Contract No. 628", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-653. 114631 - Getty/Murphy that "Resolution authorizing to proceed in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-654. 114632 - Murphy/Gronen to receive, file and instruct City Clerk to open and read bids and refer to City Planner for review: Bid Base Alternate Total Bidder Bond Bid A Bid Ceres Environmental, Brooklyn Park, MN 5% $567,500.00 $43,000.00 $610,500.00 DemCon, Inc., Elkhorn, NE 5% $349,000.00 $4,500.00 $353,500.00 McKiness Excavating, Inc, Mason City, IA 5% $431,400.00 Peterson Contractors, Inc., Reinbeck, IA 5% $222,475.00 $24,770.00 $247,245.00 Rampart Corporation, Waterloo, IA 5% $860,000.00 $39,000.00 $699,000.00 Ayes: Seven. Motion carried. December 11, 2000 HEARINGS 114633 - Anders/Jordan Page 2 that proof of publication of notice of public hearing on the request of Wendell Lupkes to sell and convey property generally located at the northwest corner of West 4th Street and Shaulis Road for $1,100.00, as published in the Waterloo Courier on November 29, 2000, be received and placed on file. Ayes: Seven. Motion carried. 114634 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Gronen that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 114635 - Jordan/Murphy 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. 2000-655. UNFINISHED BUSINESS 114636 - Gronen/Getty that communication from Assistant Superintendent of Water Pollution/Flood Control transmitting recommendation of award of contract in the amount of $126,460.00 to Advanced Technologies Corporation of Cedar Falls, Iowa, in conjunction with F.Y. 2001 Lead Abatement for the Anaerobic Digester Project, Contract No. 629, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-656. PETITIONS FROM PUBLIC 114637 - Anders/Jordan that communication from Assistant City Planner transmitting request of Roger T. & Janice E. Kalsem for a "R-3, R -P" site plan amendment for the Maricle Farm Planned Urban Development to allow development of four large residential lots, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as January 8, 2001, 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 by Mayor assigned No. 2000-657. 114638 - Anders/Jordan that communication from Assistant City Planner transmitting request of Nick Courbat to sell and convey property generally located at the southerly intersection of Acker and Eldora Roads for $450.00, together with recommendation of approval of the Building & Grounds Committee, be received, placed on file and "Resolution setting date of hearing as January 8, 2001, 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 by Mayor assigned No. 2000-658. 114639 - Anders/Jordan that communication from Police Chief transmitting request Waterloo for free guest parking in the Park Avenue for fireworks display, and bagging of parking Fourth Streets next to Lincoln Park on December a.m. in conjunction with Celebrate 2001 event to be received, placed on file and "Resolution adopted. Ayes: Seven. ramp, use of Main Street of Lincoln Park meters on Mulberry and East 31, 2000, from 7:00 p.m. -1:00 be held at the Masonic Temple approving said request", be Resolution adopted and upon approval by Mayor assigned No. 2000-659. December 11, 2000 REPORTS 114640 - Getty/Murphy that communication from City Clerk transmitting November 2000 Financial Report, with total revenues in the amount of $8,853,549.10 and total expenditures in the amount of $10,223,197.01 be received and placed on file. Ayes: Seven. Motion carried. Page 3 DOCUMENTS 114641 - Councilperson Anders stated that because of the information gathered at tonight's council meeting, he would like the council to table the Final Plat of Pine Meadows Addition for two weeks to allow the engineers to conduct a study on whether a detention pond would help the storm sewer problems. Councilperson Anders stated that he does not have a problem with the final plat. Councilperson Getty stated the engineer said the subdivision would not have any impact on the storm sewer in the area, but adding a detention pond would help. The city would incur the cost to purchase the land and build a detention pond. Councilperson Berry stated that she feels the problem is an existing problem, and that the LeComptes will help it. Councilperson Berry stated that she would like to continue with the vote on the final plat. Councilperson Murphy stated that he agrees with Councilperson Berry. Bill Claassen, with Wayne Claassen Engineering & Surveying, stated that the development will just slightly increase the water when it leaves Farmington Road. Mr. Claassen stated that the LeComptes will extend the storm sewer and build a berm to channel water to the storm sewer then into the street. Mr. Claassen stated that they will increase the storm sewer pipe by 20 percent so it will benefit the area by getting more water into the street before it overflows. Anders/Jordan that the Final Plat of Pine Meadows Addition be tabled. Ayes: Two. Nays: Krizek, Murphy, Gronen, Getty, Berry. Motion failed. 114642 - Berry/Murphy that communication from Assistant City Planner transmitting Final Plat of Denny's First Addition, together with Staff Report, Engineering Department's review letter, Deed of Dedication, Contract and Waivers and Engineer's Certificate of Survey, be received, placed on file and "Resolution approving said Final Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-660. 114643 - Berry/Murphy that communication from Assistant City Planner transmitting Final Plat of Pine Meadows Addition, together with Staff Report and research regarding horses, Deed of Dedication and Engineer's Certificate of Survey, be received, placed on file and "Resolution approving said Final Plat", be adopted. Ayes: Five. Nays: Anders, Jordan. Resolution adopted and upon approval by Mayor assigned No. 2000-661. 114644 - Berry/Krizek that communication from Associate Planner transmitting application for Kent D. Orchard for tax exemptions on improvements totaling $20,000.00 for property located at 1409 Jefferson Street in the Consolidated Urban Revitalization Area Plan be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward said application to the Black Hawk County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-662. 114645 - Berry/Krizek that communication from Associate Planner transmitting application for Arnold J. Minikus for tax exemptions on improvements totaling $6,600.00 for property located at 555 Newton Street in the Consolidated Urban Revitalization Area Plan be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward said application to the Black Hawk County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-663. December 11, 2000 DOCUMENTS CONTINUED Page 4 114646 - Berry/Krizek that communication from City Planner transmitting an application for Brownfields Cleanup Revolving Loan in the amount of $1,000,000.00 with the U.S. Environmental Protection Agency in conjunction with Rath Neighborhood Redevelopment Area 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. 2000-664. RESOLUTIONS TO BE ADOPTED 114647 - Gronen/Berry that "Resolution supporting and approving Stokes Development LLC in the development of a 52 -unit elderly housing complex to be located in the 1200-1300 blocks of Idaho Street", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Rooff stated that he talked with Mike Tramontina to take exception with the fact that Waterloo did not get any of these tax credits this year. Mayor Rooff stated that he was informed by Mr. Tramontina that the Iowa Finance Authority is going to have another application process to award more projects in July. Nikita Rainey, of Stokes Development, stated that the project would include 13 four-plexes, with one handicapped accessible apartment in each building. Ms. Rainey stated that the project is designated for those ages 55 and older who earn less than half of the area's median income. Ms. Rainey stated that the site is a six acre plat with bus service available. The apartments will all have major appliances and be aesthetically appealing. The total cost for the project is $4 million. Ms. Rainey stated that the company will be applying for $233,334 of the city's HOME funds this fiscal year and will ask the city to extend the enterprise zone to encompass the complex. The enterprise zone currently ends at Idaho Street. Ms. Rainey stated that the need for such housing is well documented, and they feel the site will lead to a diverse group of tenants. Councilperson Krizek asked if the project will hurt or hinder the tax credit applications for the Whittier and Emerson School buildings. Ms. Rainey commented that the Stokes project scored well ahead of these projects. Following discussion a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-665. ORDINANCES TO BE ADOPTED 114648 - Jordan/Krizek that "an Ordinance amending the 1999 Traffic Code by: repealing Section 272, Authorized Enforcement Agencies, and enacting in lieu thereof a new Section 272, Authorized Enforcement Agencies (allow Code Enforcement Officers to enforce parking violations)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 114649 - Getty/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 114650 - Jordan/Murphy that "an Ordinance amending the 1999 Traffic Code by: repealing Section 272, Authorized Enforcement Agencies, and enacting in lieu thereof a new Section 272, Authorized Enforcement Agencies (allow Code Enforcement Officers to enforce parking violations)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4450. December 11, 2000 ORDINANCES TO BE ADOPTED CONTINUED • Page 5 114651 - Jordan/Krizek that "an Ordinance amending the 1999 Traffic Code by: adding Subsection (6b) Dawson Street to Section 545, Yield Streets (install yield signs on Fairview Avenue at Dawson Street)", 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. Councilperson Anders stated that he is against installing the yield signs as the Police Department and Traffic Department recommended that the signs not be installed. Councilperson Anders stated that it is unfortunate that the accident occurred, but he does not feel a yield sign will do much to prevent accidents at that intersection. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Anders. Motion carried. 114652 - Getty/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 114653 - Jordan/Murphy that "an Ordinance amending the 1999 Traffic Code by: adding Subsection (6b) Dawson Street to Section 545, Yield Streets (install yield signs on Fairview Avenue at Dawson Street)", be considered and passed for the second and third times and adopted. Ayes: Six. Nays: Anders. Ordinance adopted and upon approval by Mayor assigned No. 4451. 114654 - Jordan/Krizek that "an Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by: repealing Section 14-65, Reference Materials, of Chapter 14, Fire Prevention and Protection; and enacting in lieu thereof a new Section 14-65, Reference Materials, of Chapter 14, Fire Prevention and Protection (establishing fee schedule for copies of fire reports and photographs)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 114655 - Getty/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 114656 - Jordan/Murphy that "an Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by: repealing Section 14-65, Reference Materials, of Chapter 14, Fire Prevention and Protection; and enacting in lieu thereof a new Section 14-65, Reference Materials, of Chapter 14, Fire Prevention and Protection (establishing fee schedule for copies of fire reports and photographs)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4452. BILLS PAYMENT 114657 - Krizek that "Resolution approving Schedule AP640, pp. 1-64, dated December 11, 2000, in the amount of $2,009,438.87, 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. 2000-666. December 11, 2000 NEW BUSINESS 114658 - Anders/Jordan Page 6 that communication from Assistant City Planner transmitting proposed changes to Section 2A-56, Violation and Penalties, of the Zoning Ordinance as it pertains to changing violation of Zoning Ordinance from a simple misdemeanor to a municipal infraction and increasing the $100.00 per day fine to a cumulative fine of $200.00, $500.00 and $750.00, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as January 16, 2001, at 5:30 p.m. in the City Hall Council Chambers on the above described amendment", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No 2000-667. 114659 - Anders/Jordan that communication from Assistant City Planner transmitting proposed changes to the Zoning Ordinance as it pertains to allowing two-family row dwellings in all residential districts, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as January 16, 2001, at 5:30 p.m. in the City Hall Council Chambers on the above described amendment", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-668. 114660 - Anders/Jordan that communication from Traffic Operations Department transmitting request to install two street lights between the 4300 and 4500 blocks of Texas Street, near Bertch Cabinets driveways, be received, placed of file and "Resolution approving said request", be adopted and City Clerk instructed to notify MidAmerican Energy of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-669. MISCELLANEOUS 114661 - Getty/Murphy that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: 1. Beer/Liquor License Permit Application Class C Pat's Tavern, 303 West 4th Street (Renewal) (Expires 12/31/01) 2. Beer/Liquor License Permit Application Class C Greyhound Lounge, 708 Jefferson Street (Transfer to 325 E. Park Avenue on December 16, 2000) Ayes: Seven. Motion carried. ADJOURNMENT 114662 - Jordan/Getty that the Council adjourn at 6:04 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk