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HomeMy WebLinkAboutMinutes-07/06/2004• July 6, 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 Tuesday, July 6, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Nancy Eckert, City Clerk. 120077 - Welper/Kincaid that the Agenda, as proposed, for the Regular Session on Tuesday, July 6, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 120078 - Welper/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, June 28, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley presented Certificates of Recognition to Bruce Arends, Darwin Cunningham, John Daws and Willie Washington for 30 years of service with the City of Waterloo. CONSENT AGENDA 120079 - Welper/Kincaid that the following items on the consent agenda be received, placed on file and approved: a. Motion to approve the following: 1. Brian Rath and Bruce Mask, Waste Water Operators, to attend Annual Wastewater Conference in LeClaire, Iowa, on August 16-17, 2004, with costs not to exceed $425.00, including use of city vehicle. 2. Walter Reed, Jr., Executive Director of Human Rights Commission, to attend Iowa Civil Rights Agencies Directors meeting in Des Moines, Iowa, on July 22-23, 2004, with costs not to exceed $199.40. 3. Tim Hurley, Mayor, to attend Customer -Centered Government and Budgeting For Results conference in Chicago, Illinois, on July 13-15, 2004, with costs not to exceed $930.00. 4. Kent Shankle, Curator, to travel to Chicago, Illinois, for meetings with artists and pick up art works on July 11-12, 2004, with costs not to exceed $218.00, including use of city vehicle. b. Resolutions to approve the following: 1. Communication from Fire Chief transmitting request from Exchange Club to close the 600 block of Cedar Street between West 5th Street and West 4th Street on September 8-12, 2004, to hold the Cedar Valley Healing Field 2004 event. Resolution adopted and upon approval by Mayor assigned No. 2004-418. c. Beer/Liquor License Permit Application Class C Karma Bar, 309 West 4th Street (New) (Expires 7/1/05) (Includes Sunday Sales) Neighborhood Corner Spot, 735 Logan Avenue (New) (Expires 7/1/05) (Includes Sunday Sales) Odessey II, 820 Newell Street (New) (Expires 6/22/05) (Includes Sunday Sales) Vic's Lounge, 1106 LaPorte Road (Renewal) (Expires 7/17/05 (Includes Sunday Sales) The Jet Lounge, 451-453 Parker Street (New) (Expires 7/12/05) (Includes Sunday Sales) d. Cigarette Permit Application Ninety-four (94) e. Fireworks Display Application Timothy Anderson/Catherine Moore Wedding Reception, UAW Hall, 2615 Washington Street on July 31, 2004 July 6, 2004 CONSENT AGENDA CONTINUED f. Recycling Yard License Application for Approval A -Line Iron and Metal, 808 Dearborn Alter Trading, 1500 W. Airline Alter Trading, 1491 David B. Schultz Co., 1500 David Chase Auto Parts, 1041 Sheffield Jones Metals, 2452 Burton Kevin's Car and Truck, 953 Fulton Pat's Auto Salvage, 945 Lowell Stuber Enterprises, 275 Rampart Tournier Recycling, 900 Fulton Vic Fuller Salvage, 2113 E. Mitchell Waterloo Auto Parts, 1501 Grandview Wilber Auto Body, 2220 Easton g• Recycling Yard License Application for Denial Chase Auto Parts, 1117 Sheffield Dick's Auto Salvage, 612 Power Litzkow Auto Recyclers, 1720 Black Hawk Northside Auto, 821 Dearborn Pat's Auto Salvage, 924 Lowell Pat's Auto Salvage, 1000 Lowell Pierce Used Cars, 1500 Commercial Plum's R&B, 2630 W.C.F.& N. Quail's Auto Salvage, 202 Glendale Weekley's Auto Salvage, 110 Court Prior to a vote on the above motion, the following comments were heard. Page 2 Noel Anderson, City Planner, requested that Dick's Auto Salvage, 612 Power, and Weekley's Auto Salvage, 110 Court, be placed on the Recycling Yard License Applications to be denied. Weekley's Auto Salvage had unlicensed vehicles outside the fenced area, and staff has questions on Dick's Auto Salvage regarding where the solid fence is required. Councilperson Gunderson stated that those businesses denied a license will be given a 30 -day notice to come in compliance with the ordinance, and this will not affect those businesses until the city starts the process. Pat Rooff, Pat's Auto Salvage, stated that since the committee did not meet, he feels it would be a good idea to table the recycling applications. Mr. Rooff stated he feels the committee should get together within a week and get on a level playing field. Mr. Rooff stated he has been waiting for the city to meet with the committee. Mr. Rooff stated he has been talking with Noel Anderson and Councilperson Greenwood about buying more property. Mr. Rooff stated he wants to get all the issues done as they have been fighting the car issue since 1999. First the city said it was aesthetics, his lawyer said the city couldn't use that, then the city said it was a safety issue. Mr. Rooff stated he has asked everyone to show him where there is a safety issue. Mr. Rooff stated Aric Schroeder told him it is not a safety issue, its all about aesthetics, and we need to find an answer. Is there a reason to have stacking or no stacking. Mr. Rooff stated he wants to be in compliance, and he feels he has one of the cleanest yards in the city. Mr. Rooff stated he has a fence and planted some trees, which were removed by the city. Mr. Rooff stated he sees no reason for a stacking violation. Clark/Schmitt that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 120080 - Councilperson Greenwood stated it is his understanding when the code enforcement does the inspection, it is all verbal, and he feels the city needs to do written communication to the businesses. Councilperson Greenwood suggested staff use a written punch list when inspecting the properties, or some written correspondence to the owners as to what has been done. Mr. Anderson stated that the owners submit an annual application, and then Planning Department, Fire Department, Black Hawk County Health Department and Code Enforcement inspect the sites. The Fire Department and Black Hawk County Health Department do give written statements, and city staff could start doing that. Staff does have a check list they use while inspecting the property. Three years ago, the check list was sent to the owner. Mr. Anderson reported that those applicants who are denied a license will be sent a letter stating the yard will be re -inspected in 30 days and also listing why they were denied the recycling license. • • July 6, 2004 • • CONSENT AGENDA CONTINUED Page 3 Don Pierce, Pierce Used Cars, 1500 Commercial Street, stated the inspectors said there was a problem with an electrical outlet, then gave him a pass, and now they want to deny his license. Mr. Pierce said this is wasting his time, and he has better things to do and so does the council. Mayor Hurley stated the city has had an ordinance since 1991 and revised in 1993. The city has not issued recycling yard licenses for two years. Mayor Hurley stated it was his direction to enforce the code we have in place and make improvements as we go on. Mayor Hurley stated he does not want to buy time, we have an ordinance and there is rationale behind it. Mayor Hurley stated he doesn't feel it is proper to change the rules Following comments a vote was taken on the above motion with the following result. Ayes: Seven, with Councilperson Greenwood voting nay on lg. Motion carried. HEARINGS AND BIDS 120081 - Schmitt/Cole that proof of publication of notice of public hearing on F.Y. 2004 Ferguson Distribution Center Sanitary Sewer Extension, Contract No. 682, as published in the Waterloo Courier on June 23, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120082 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed. Ayes: Seven. Motion carried. 120083 - Welper/Cole that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2004 Ferguson Distribution Center Sanitary Sewer Extension, Contract No. 682", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-419. 120084 - Welper/Kincaid that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-420. 120085 - Gunderson/Welper to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Peterson Contractors, Inc., Reinbeck, IA Weichers Construction, Inc., Cedar Falls, IA Ayes: Seven. Motion carried. HEARINGS 120086 - Gunderson/Schmitt Bid Bond Total Bid 5% $273,671.00 5% $274,714.31 that proof of publication of notice of public hearing on the issuance of not to exceed $3,900,000.00 Sewer Revenue Refunding Bonds, as published in the Waterloo Courier on June 23, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120087 - This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. Welper/Kincaid that the hearing be closed. Ayes: Seven. Motion carried. July 6, 2004 Page 4 HEARINGS CONTINUED 120088 - Welper/Cole that "Resolution instituting proceedings to take additional action for the issuance of said bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-421. 120089 - Welper/Kincaid that proof of publication of notice of public hearing on the request of Lockard Development to vacate, sell and convey for $1.00 property generally located west of Johnathan Street between West San Marnan Drive and Tower Park Drive containing approximately 4,108.8 sq. ft., as published in the Waterloo Courier on June 25, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120090 - This being the time and place of public and oral objections and there were none. Welper/Gunderson hearing, the Mayor called for written that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 120091 - Kincaid/Schmitt that "an Ordinance vacating property generally located west of Johnathan Street between West San Marnan Drive and Tower Park Drive", 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. Don Temeyer, Community Planning and Development Director, reported that the Sale of Property Guidelines requires the developer to pay back the cost of the property within five years. Lockard Development has indicated the proposed development will be over the $127,000.00 taxable value of the land. Following comments a vote was taken on the above motion, with the following result. Ayes: Seven. Motion carried. 120092 - Gunderson/Kincaid that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried 120093 - Gunderson/Cole that "an Ordinance vacating property generally located west of Johnathan Street between West San Marnan Drive and Tower Park Drive", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4701. 120094 - Gunderson/Kincaid 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 of Mayor assigned No. 2004-422. 120095 - Gunderson/Cole that "Resolution approving Development Agreement with Lockard Development", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-423. 120096 - Schmitt/Cole that proof of publication of notice of public hearing on request of Winchester Farms, Inc. to rezone from "A-1" Agricultural District to "R-3" Multiple Residence District with conditions, from "R-3" Multiple Residence District to "R-3" Multiple Residence District with conditions, and from "R-3"Multiple Residence to "R-1" One & Two Family Residence District property generally located north of Audubon Park Fifth Addition for purpose of single and multi- family housing developments, as published in the Waterloo Courier on June 22, 2004, be received and placed on file. Ayes: Seven. Motion carried. July 6, 2004 Page 5 HEARINGS CONTINUED 120097 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Kenneth Wagenhofer, 1726 Dakota Drive, asked the council to research this issue more fully as he doesn't feel it was properly researched as to access to the area. Mr. Wagenhofer stated he has been told there are a number of people in Audubon Park who do not know about this request. Mr. Wagenhofer stated he does not feel there is adequate access for the development, and he wants to make sure we have a development that enhances Waterloo. Mr. Wagenhofer stated he has nothing but the highest regard for the principals involved, but he feels southwest Waterloo is becoming congested, and the dynamics of Hoff Road and 4th Street have changed dramatically. Mr. Wagenhofer stated the Planning, Programming and Zoning Commission were told there would be no negative impact on the area, but he could point to people who feel differently. Mr. Wagenhofer stated the commission also was told there appears to be no negative impact on traffic, but this issue needs to be addressed. Mr. Wagenhofer stated Winchester Farms has done a lot of good in this county. Bill Claassen, representing Winchester Farms, gave the history on the property. Winchester Farms bought most of the property in 1997, with the triangular part purchased in 2004. The land south of Audubon Park purchased in 1997 is zoned "R-3" and the triangular part is zoned "A-1". A plan was developed in 1997 to use as "R-3", but this year they looked at what would have happened to the triangular purchase as it would be land locked. Mr. Claassen stated they met with the immediate property owners and then with Audubon Park Homeowners. A plan was presented to the property owners that Winchester Farms planned to develop the property as residential. The land next to the existing houses would be rezoned from "R-3" to "R-1" and the balance of the area is already "R- 3". With this ordinance Winchester Farms is asking to rezone with conditions. Mr. Claassen stated they will build condominiums and single family homes, but will also offer lots for sale and they wanted some control on the development. Winchester Farms wanted the area to be owner occupied, but someone with a condo for sale could rent it out if it is not sold right away. The development will have two -stall attached garage. Dwellings in the "R-3" district could be over two stories, with a minimum size and one out building. The homeowners asked Winchester Farms to remove the out building, which they did. Mr. Claassen stated they met with city engineering staff and presented two plans. Winchester Farms felt the better development was without connection to West 4th Street and city staff agreed. Eric Thorson, City Engineer, stated they reviewed the proposals submitted, and he does not believe there would be safer conditions if an access were put onto West 4th Street. The type of homes is the same as any other in the city. Mr. Thorson stated he is comfortable with the cul de sac. Mr. Claassen stated there will be 23 lots in the subdivision, with single family dwellings and duplex condos, and no apartments will be built. Councilperson Schmitt stated he was in attendance at the Audubon Park Homeowners Association meeting. Winchester Farms made changes as requested by the property owners, and these conditions are the same as the Audubon neighborhood. Welper/Kincaid that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission and oral comments be received and placed on file. Ayes: Seven. Motion carried. 120098 - Gunderson/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 361 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 120099 - Cole/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 120100 - Schmitt/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 361 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4702. July 6, 2004 DOCUMENTS 120101 - Cole/Kincaid Page 6 that communication from City Planner transmitting Preliminary Plat of Audubon Park Sixth Addition, together with report of City Engineer and Staff report, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-424. 120102 - Cole/Kincaid that communication from Community Planning and Development Director transmitting proposal from Terracon Consulting Engineers & Scientists to conduct Limited Site Investigation at Priority One Muffler, 220 Jefferson Street, at a cost of $3,081.00, to provide additional information regarding potential presence of elevated chemicals in on-site soils and groundwater be received, placed on file and "Resolution approving said proposal", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-425. 120103 - Cole/Kincaid that communication from Community Planning and Development Director transmitting Memorandum of Understanding with INRCOG to write application to Iowa Department of Natural Resources, at a cost not to exceed $3,000.00, for REAP funding in conjunction with Riverwalk Loop - 11th Street to 18th Street for further development of the Riverfront Renaissance Project be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to executive same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-426. 120104 - Cole/Kincaid that communication from Community Planning and Development Director transmitting agreement with Earth Tech, Inc. for professional services, at a cost not to exceed $15,000.00, to provide necessary information to release the western portion of the airport property to allow for additional economic development in the area of the MidPort Industrial Park 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. Don Temeyer, Community Planning and Development Director, reported that there is a Master Plan for economic development in the MidPort Industrial Park. If the city wants to develop the western portion of the airport, we will need to ask the FAA to release the property. Earth Tech, Inc. will prepare the documents and work with the Airport Board and the FAA. 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. 2004-427. 120105 - Cole/Kincaid that communication from City Engineer transmitting an agreement with Ament, Inc. for engineering services, at a cost not to exceed $12,600.00, to assist in preparation and implementation of permit requirements and continue coordination with other metropolitan cities in conjunction with EPA Phase II Storm Water Management Permit. be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-428. 120106 - Clark/Schmitt that communication from City Clerk transmitting renewal of general and auto liability, law enforcement, public officials errors and omissions and umbrella insurance with St. Paul Fire & Marine Insurance with a premium of $550,708.00 and property insurance with Chubb Insurance with a premium of $160,701.00 be received, placed on file and "Resolution approving said insurance policies", be adopted. • •f • • July 6, 2004 Page 7 DOCUMENTS CONTINUED Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson commented that the total overall cost of the premiums decreased by 5.4 percent. Frank Dowie, representing PDCM, reported the reason for the 5.4 percent decrease in premiums was the city's good loss ratio, the softening of the insurance market and the city's loyalty with St. Paul Insurance. The policy with Chubb Insurance adds $31 million property value back onto the city's property insurance coverage. Mr. Dowie stated this is a great renewal and congratulated Chris Fereday and the Insurance Committee. 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. 2004-429. 120107 - Clark/Schmitt that communication from Superintendent of Traffic Operations transmitting agreement with Iowa Department of Transportation for Traffic Safety Improvement grant in the amount of $98.000.00 to be used for upgrading traffic signal equipment, changing the University Avenue left turn signal phasing to protected only and extending left turn pockets on University Avenue be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute the same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-430. 120108 - Clark/Schmitt that communication from Police Chief transmitting grant agreement with Iowa Homeland Security and Emergency Management Division in an amount not to exceed $863,558.00, with no local required match, in conjunction with FY2004 Law Enforcement Terrorism Prevention Program be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute the same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-431. 120109 - Clark/Schmitt that communication from Police Chief transmitting an application with the U.S. Department of Justice for FY2004 Local Law Enforcement Block Grant (LLEBG) in the amount of $25,933.00, with required 10 percent local match, be received, placed on file and "Resolution setting date of hearing as July 19, 2004, at 5:30 p.m. in the City Hall Council Chambers on the above described application", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-432. RESOLUTIONS TO BE ADOPTED 120110 - Kincaid/Cole that communication from Community Development Director transmitting acquisition contract with Keith W. And Nancy L. Weise to convey three lots located at 2525 Lafayette Street in exchange for the city incurring expense of demolishing the structures using Community Development Block Grant funds in conjunction with the Rath Brownfield Area and accept and approve deed for said property be received, placed on file and "Resolution approving said acquisition contract and accepting and approving deed", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-433. 120111 - Kincaid/Cole that communication from Community Development Director transmitting acquisition contract with Jimmy C. and Brinda K. Robinson and Linda Mingus to convey three lots located at 615 Fowler Street in exchange for the city incurring expense of demolishing the structures using Community Development Block Grant funds in conjunction with the Rath Brownfield Area and accept and approve deed for said property be received, placed on file and "Resolution approving said acquisition contract and accepting and approving deed", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-434. July 6, 2004 Page 8 ORDINANCES TO BE ADOPTED 120112 - Greenwood/Gunderson that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (22) Fifth Street of Section 541, Increasing Speed Limits in Certain Area; and enacting in lieu thereof a new Subsection (22) Fifth Street of Section 541, Increasing Speed Limits in Certain Areas (reducing speed limit from 35 mph to 25 mph on West 5th Street from Baltimore Street to Locust Street when lights are flashing)", be received, placed on filed, considered and passed for the first time. Ayes: Seven. Motion carried. 120113 - Schmitt/Gunderson that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 120114 - Gunderson/Schmitt that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (22) Fifth Street of Section 541, Increasing Speed Limits in Certain Area; and enacting in lieu thereof a new Subsection (22) Fifth Street of Section 541, Increasing Speed Limits in Certain Areas (reducing speed limit from 35 mph to 25 mph on West 5th Street from Baltimore Street to Locust Street when lights are flashing)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4703. ADJOURNMENT 120115 - Welper/Clark that the Council adjourn at 6:32 p.m. Ayes: Seven. Motion carried. Nancy Eckert, CMC City Clerk • •