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HomeMy WebLinkAboutMinutes-01/12/2004• • 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 • • 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. • • January 12, 2004 • • 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 • •