HomeMy WebLinkAboutMinutes-01/12/2004•
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January 12, 2004
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, January 12, 2004. Mayor Timothy J.
Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Gunderson, Welper.
Moment of Silence.
Pledge of Allegiance: Eric Thorson, City Engineer.
119278 - Clark/Cole
that the Agenda, as amended to add Item 7a, for the Regular Session on Monday,
January 12, 2004, at 5:30 p.m., be accepted and approved. Ayes: Six. Motion
carried.
119279 - Clark/Cole
that the Minutes, as proposed, for the Organization Meeting on Friday, January
2, 2004 at 11:00 a.m. and the Regular Session on Monday, January 5, 2004, at
5:30 p.m., be accepted and approved. Ayes: Six. Motion carried.
CONSENT AGENDA
119280 - Welper/Clark
that the following items on the consent agenda be received, placed on file and
approved:
a. Communication from Leisure Services Director transmitting recommendation of
appointment of Bill Bisdorf to the position of Golf Maintenance III,
effective January 13, 2004.
b. Dennis Gentz, Assistant City Engineer, to attend Iowa's Annual Concrete
Paving Workshop in Des Moines, Iowa on February 4-6, 2004, with costs not to
exceed $309.56, including use of city vehicle.
c. Michelle Weidner, Chief Financial Officer, to attend Effective Controllership
Skills Class in Waterloo, Iowa on January 14, 2004, with costs not to exceed
$155.00.
d. Tim Hurley, Mayor; Don Temeyer, Community Planning & Development Director;
Rudy Jones, Community Development Director; and Mickye Johnson, Community
Development Board Member, to attend Cedar Valley Coalition meetings in
Washington, D.C. on March 20-24, 2004, with costs not to exceed $1,950.00
each.
e. Doug Eldridge, Signal Technician II, to attend Video Detection Seminar in
Spencer, Iowa on January 28-29, 2004, with costs not to exceed $230.00.
f. Matt Vlasak and Todd Winters, Maintenance Electricians, to attend Maintenance
Seminar and Essentials of Traffic Controllers Seminar in Spencer, Iowa on
January 26-28, 2004, with costs not to exceed $384.00, including use of city
vehicle.
g. Communication from Mayor Tim Hurley transmitting recommendation of re-
appointment of Rabbi Sol Serber to the Operation Threshold Board of
Directors, with term expiration date of December 31, 2006.
h. Communication from Mayor Tim Hurley transmitting recommendation of
reappointment of Craig Caslavka to the Waterloo Water Works Board, with term
expiration date of January 1, 2010.
i. Beer License Permit Application
Class B
Cedar Valley Fish Market, Inc., 218 Division Street (Renewal) (Expires
1/25/05) (Includes Sunday Sales)
j. Liquor License Permit Application
Class A
Victoria Lounge, 1406 Commercial Street (New) (Expires 1/15/05) (Includes
Sunday Sale)
k. Cigarette Permit Application
Kwik Stop, 4335 Texas Street
Ayes: Six. Motion carried.
January 12, 2004 Page 2
HEARINGS
119281 - Kincaid/Welper
that proof of publication of notice of public hearing on the Logan Avenue Urban
Renewal and Redevelopment Plan, as published in the Waterloo Courier on January
6, 2004, be received and placed on file. Ayes: Six. Motion carried.
119282 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Ann Olsson, 1972 Newell Street, stated she has attended many meetings, and that
economic development is very high in this area. This will position the city for
economic development.
Theresa Mosley, 223 Oliver Street and President of Roosevelt Neighborhood
Association and Neighborhood Coalition, thanked the council, and stated that the
neighborhoods will support everything they can get. Ms. Mosley stated they are
looking forward to whatever the city can do for the neighborhoods. Ms. Mosley
stated there are neighbors on the east side who feel like the difference between
east and west is past due. Ms. Mosley stated they will support this, and they
can and have pride in Waterloo. Ms. Mosley stated that when they prosper, the
whole city will prosper.
Robert Rappaport, representing the Logan Plaza ownership group, stated this has
been a long time coming. Mr. Rappaport stated that the biggest thing in the
community is understanding what is involved as to contractual obligations. Mr.
Rappaport stated he feels the area is ready for development, and he is grateful
for the city's involvement.
Welper/Kincaid
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: Six. Motion carried.
119283 - Welper/Kincaid
that "Resolution determining an area of the City to be an Economic Development
Area, and that the rehabilitation, conservation, redevelopment, development, or
a combination thereof, of such area is necessary in the interest of the public
health, safety or welfare of the residents of the City; designating such area as
appropriate for an Urban Renewal Project; and adopting the Logan Plaza Urban
Renewal and Redevelopment Plan", be adopted. Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2004-10.
119284 - Greenwood/Cole
that "an Ordinance providing that General Property Taxes levied and collected
each year on all property located within the Logan Plaza Urban Renewal and
Redevelopment Project Area, in the City of Waterloo, County of Black Hawk, State
of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County
of Black Hawk, Waterloo Community School District and other taxing districts, be
paid to a special fund for payment of principal and interest on loans, monies
advanced to and indebtedness, including bonds issued or to be issued, incurred
by said City in connection with said Urban Renewal Redevelopment Project", be
received, placed on file, considered and passed for the first time. Ayes: Six.
Motion carried.
119285 - Gunderson/Kincaid
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Motion carried.
119286 - Kincaid/Greenwood
that "an Ordinance providing that General Property Taxes levied and collected
each year on all property located within the Logan Plaza Urban Renewal and
Redevelopment Project Area, in the City of Waterloo, County of Black Hawk, State
of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County
of Black Hawk, Waterloo Community School District and other taxing districts, be
paid to a special fund for payment of principal and interest on loans, monies
advanced to and indebtedness, including bonds issued or to be issued, incurred
by said City in connection with said Urban Renewal Redevelopment Project", be
considered and passed for the second and third times and adopted. Ayes: Six.
Ordinance adopted and upon approval by Mayor assigned No. 4665.
January 12, 2004
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PETITIONS FROM PUBLIC
119287 - Gunderson/Clark
Page 3
that communication from City Planner transmitting request of Roosevelt Roby Jr.
to sell and convey for $1.00 property generally located along Chestnut Street,
just west of Logan Avenue, for construction of four new homes, be received,
placed on file and "Resolution setting date of hearing as January 26, 2004 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.
Prior to a vote on the above motion, the following comments were heard.
Don Temeyer, Community Planning and Development Director, explained that a
development agreement will be adopted during the public hearing. Mr. Temeyer
stated that the development agreement will require Mr. Roby to construct a
minimum of four new homes in two years. If construction does not commence
within eight months of the date of transfer and completed within twenty-four
months, the real estate will revert to the city or Mr. Roby will pay full value
of the property as appraised.
Following comments a vote was taken on the above motion with the following
result. Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2004-11.
119288- Cole/Welper
that communication from City Planner transmitting request for a minor site plan
amendment to the "M -2,P" Planned Industrial District for property generally
located at the Greyhound Park to allow Homier Distributing Company to hold a
tent sale on May 20-23, 2004, be received, placed on file and "Resolution
approving said minor site plan amendment", be adopted.
Prior to a vote on the above motion the following comments were heard.
Councilperson Greenwood asked the council not to support this request.
Councilperson Greenwood stated that being a local business owner, it is hard
enough to compete with the businesses here, let alone a tent sale.
Councilperson Greenwood stated that transient merchants do not employ local
people, don't pay taxes and don't add value to the infrastructure in Waterloo.
Councilperson Greenwood stated he will not support this request, and he doesn't
think it is a good idea to support it.
City Clerk Nancy Eckert reported that the merchant is planning on a retail sale
of new tools, furniture, houseware and general merchandise.
Councilperson Clark stated that the city has an ordinance to allow transient
merchants to come into the city if certain criteria are met, and he will support
this request.
Jim Walsh, City Attorney, stated that the council has an obligation to treat the
business the same as if it were a local business. Mr. Walsh stated that the
business has a constitutional right to conduct business and we can't
discriminate against them. Mr. Walsh stated that the city has an ordinance
which defines a transient merchant, and if the transient merchant meets the
requirement, we normally approve. Mr. Walsh stated he assumes the business will
pay rent to National Cattle Congress to lease the property. Mr. Walsh stated
that the transient merchant cannot hold the sale at Greyhound Park unless the
council approves the site plan amendment. Mr. Walsh stated he does not know of
any reason to deny the license.
Councilperson Gunderson stated that we have sales all year long at McElroy
Auditorium and elsewhere that affect our local business people.
Following comments a vote was taken on the above motion with the following
result. Ayes: Five. Nays: Greenwood.
Resolution adopted and upon approval by Mayor assigned No. 2004-12.
DOCUMENTS
119289 - Clark/Welper
that communication from Leisure Services Director transmitting recommendation of
Leisure Service Commission for additional expenses estimated at $15,317.00 to
move the construction site approximately 250 ft. north of the pro shop, in
conjunction with Iry Warren Memorial Golf Cart Storage Building, be received,
placed on file and approved.
January 12, 2004 Page 4
Documents - continued
Prior to a vote on the above motion, the following comments were heard.
Dale Willie, 2648 Saratoga Drive and Assistant Pro at Iry Warren, spoke against
moving the building. Mr. Willie stated that where the building is located now,
it serves as a sound barrier between the tee blocks and the parking lot, that
slamming trunks and doors can distract players on the course. Mr. Willie stated
that the building is currently located ideally for accessibility from the pro
shop, and they can get the carts in and out in a moment's notice. Mr. Willie
stated that moving the building 250 feet north will mean more time getting the
carts in and out and increase costs. Mr. Willie stated that he feels moving the
building 250 feet north will obstruct the view of the park for residents on
Ansborough Avenue. Mr. Willie noted that the current site has access to water
and electricity, but agreed there is some congestion in the area. If the flower
planter and tree are moved, that will open up the area. Mr. Willie stated that
the city could save $15,000 by not moving the building and could put that money
to good use.
Joe Fox, Leisure Services Commission and Golf Committee member, stated that the
Leisure Services Commission chairperson is out of town and asked the council to
table this item for one week. Mr. Fox stated that moving the building was in
the original plan, but it was not included in the bid document. Mr. Fox stated
that the estimated cost was $120,000, and even putting moving the building 250
feet as an add on, the cost is still below the engineer's estimate. Mr. Fox
commented that at other golf courses in town, the cart barns are quite a ways
from the pro shops. Mr. Fox stated that the Leisure Services Commission
discussed the location of the building several times, and both the commission
and Golf Committee unanimously approved moving the building 250 feet north.
In answer to a question from Councilperson Cole, Mr. Fox stated he does not know
if any of the commission members have spoken with the neighbors. Mr. Fox stated
that maybe one or two trees or hopefully no trees will have to be moved.
Steve Harty, 939 Fletcher Avenue, asked the council to keep the cart building
where it is now because moving it 250 feet north will impede citizens' view of
the golf course.
Councilperson Greenwood stated the council needs input from the Leisure Services
Commission since the commission and Golf Committee voted to approve the new
site. Councilperson Greenwood stated he doesn't feel the council should move
ahead until they talk to the chairperson.
Paul Huting, Leisure Services Director, stated they are hoping to complete the
building by early spring, and tabling could affect the completion date.
Councilperson Clark noted he will vote to table, but he feels there are a lot of
reasons to leave the building where it is.
Greenwood/Welper
that this item be tabled to January 20, 2004. Ayes: Six. Motion carried.
119290 - Kincaid/Gunderson
that communication from Leisure Services Director transmitting Contracts, Bonds
and Certificates of Insurance in the amount of $90,803.00 with Michael Huff
Construction of Cedar Falls, Iowa in conjunction with Iry Warren Memorial Golf
Cart Storage Building, be received, placed on file and "Resolution approving
said documents", be adopted and Mayor and City Clerk authorized to execute same.
Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2004-13.
119291 - Greenwood/Clark
that communication from Community Planning and Development Director transmitting
Release of Real Estate Mortgage with Forest and Joanne Smith for full payment of
Loan #RFC -10 used for facade improvements at 304 West 5th Street, be received,
placed on file and "Resolution approving said release of real estate mortgage",
be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2004-14.
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January 12, 2004
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Documents - continued
119292 - Clark/Welper
Page 5
that communication from City Planner transmitting Acquisition Contract with Dell
Oil, Ltd. In the amount of $350,000.00 and $20,000.00 relocation costs to
acquire property generally described as 90 West 18th Street, located at the
northwest corner of Black Hawk and 18th Streets, in conjunction with the 18th
Street Bridge Replacement Project, be received, placed on file and "Resolution
approving said acquisition contract", be adopted and Mayor and City Clerk
authorized to execute same.
Prior to a vote on the above motion, the following comments were heard.
Don Temeyer, Community Planning & Development Director, reported that in order
to proceed with the 18th Street Bridge Project requires that the city purchase
this property from Dell Oil, Ltd. Mr. Temeyer stated that the this is an 80/20
project which requires the city to pay a 20 percent match. The city has
received funding for the bridge from federal funds such as RISE and STP grants.
Mr. Temeyer stated that the project is scheduled for bid letting on February 10,
2004.
Following comments a vote was taken on the above motion with the following
result. Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2004-15.
RESOLUTIONS TO BE ADOPTED
119293 - Gunderson/Clark
that "Resolution accepting Fire Act Grant in the amount of $71,256.00 and
approving 30 percent match of $30,537.00 to be used to install 800 smoke
detectors, 600 carbon monoxide detectors, and 371 lock boxes in low-income
seniors homes", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Ned DeBerg, Fire Chief, reported that the city's 30 percent match will be met
with GO Bond funds, and that we are buying equipment with a life span of five to
ten years. Chief DeBerg reported this is the third year for this program, and
the grant is part of Homeland Security funds. Chief DeBerg stated they hope to
affect between 400 and 500 homes for low-income seniors. Chief DeBerg stated
that they will market the program by using billboards and working with Black
Hawk County senior programs.
Following comments a vote was taken on the above motion with the following
result. Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2004-16.
119294 - Welper/Kincaid
that "Resolution amending the New Jobs and Income Program (NJIP) application on
behalf of Deere and Company to add 77 jobs and $61,961,064 in capital investment
at the John Deere Engine Works and John Deere Waterloo Works and authorizing
submission of said application to the Iowa Department of Economic Development",
be adopted. Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2004-17.
BILLS PAYMENT
119295 - Greenwood/Clark
that "Resolution approving Schedule AP640, pp. 1-67, dated January 12, 2004 in
the amount of $2,060,023.95, 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: Six.
Resolution adopted and upon approval by Mayor assigned No. 2004-18.
January 12, 2004 Page 6
NEW BUSINESS
119296 - Kincaid/Cole
that communication from Community Planning and Development Director transmitting
proposed amendment to the Section 108 Loan Guarantee application, which was
submitted to the U.S. Department of Housing and Urban Development for the Cedar
Valley Riverfront Renaissance Project, be received, placed on file and
"Resolution setting date of hearing as January 20, 2004 at 5:30 p.m. in the City
Hall Council Chambers on said amendment", be adopted and City Clerk instructed
to publish notice of same. Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2004-19.
ADJOURNMENT
119297 - Gunderson/Clark
that the Council adjourn at 6:12 p.m. Ayes: Six. Motion carried.
Nancy kert
City Clerk
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