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HomeMy WebLinkAboutMinutes-06/07/2004• • June 7, 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, June 7, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Councilperson Buck Clark. 119955 - Welper/Kincaid that the Agenda, as amended, for the Regular Session on Monday, June 7, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 119956 - Welper/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, May 24, 2004, at 5:30 p.m., and Special Session on Thursday, June 3, 2004, at 4:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 119957 Welper/Clark that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP640, pp. 1-74, dated June 7, 2004, in the amount of $1,669,922.00, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2004-352. 2. Communication from City Engineer transmitting request of William Denton for a waiver for a concrete driveway to be located at 145 Berkshire Road, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2004-353. 3. Communication from City Engineer transmitting request of Elda Watson for a waiver for an asphalt driveway to be located at 521 Progress Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2004-354. 4. Communication from City Engineer transmitting request of Michael Dierks for a waiver for a concrete driveway to be located at 611 Stephan Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2004-355. b. Motion to approve the following: 1. Leslie Grundy, Neighborhood Services Secretary, to attend Powerful Communication Skills for Women Conference in Waterloo, Iowa, on June 30, 2004, with costs not to exceed $151.95. 2. Ned DeBerg, Fire Chief, to attend Governor's Homeland Security Conference in Des Moines, Iowa, on July 13-15, 2004, with costs not to exceed $171.69. 3. Monty Frana, Sergeant, and Keith Rogers, Police Officer, to attend ILEA Recertification Class in Johnston, Iowa, on June 23, 2004, with costs not to exceed $235.00, including use of city vehicle. 4. Bob Osgood, Chief Plumbing Inspector, to attend IAPMO 2003 Uniform Plumbing Code Seminar in Cedar Rapids, Iowa, on June 8-9, 2004, with costs not to exceed $255.00, including use of city vehicle. 5. Dan Youngblood, Chief Combination Inspector, to attend IAPMO 2003 Uniform Plumbing Code Seminar in Cedar Rapids, Iowa, on June 8-9, 2004, with costs not to exceed $255.00, including use of city vehicle. June 7, 2004 Page 2 CONSENT AGENDA CONTINUED 6. Tim Shea, Superintendent of Waste Management Services, and Larry Smith, Assistant Superintendent of Waste Management Services, to attend IWPCA Technical Training in Davenport, Iowa, on June 9-10, 2004, with costs not to exceed $470.00, including use of city vehicle. c. Beer License Permit Application Class B Garfields Cafe, 2820 Falls Avenue (Renewal) (Expires 6/14/05) Waterloo Jaycees Fireworks Festival, 100 block of East 4th Street (5 days - 7/3/04 - 7/8/04) (Includes Sunday Sales) Waterloo Jaycees Fireworks Festival, 100 block of West 4th Street (5 days - 7/3/04 - 7/8/04 (Includes Sunday Sale) Black Hawk Tennis Club, 1005 Black Hawk Road (Transfer to Byrnes Tennis Center for 6/11/04-6/13/04) (Includes Sunday Sales) d. Beer License Permit. Application Class C Metro 66, 1625 West 4th Street Sales) Metro 66, 3201 West 4th Street Sales) El Mercadito, 520 LaPorte Road Sales) (Renewal) (Expires 6/8/05) (Renewal) (Expires 6/30/05) (Renewal) (Expires 5/21/05 e. Beer/Liquor License Permit Application Class C Benevolent & Protective Order of Elks, 407 (Expires 6/30/05) (Includes Sunday Sales) Chaser's Pub, 3005 University Avenue (Renewal) Sunday Sales) Steamboat Gardens, 1740 Falls Avenue (Renewal) (Expires Jo Mama's, 352 Fletcher Avenue (Renewal) (Expires Sunday Sales) (Includes (Includes (Includes Sunday Sunday Sunday East Park Avenue (Renewal) (Expires 7/7/05) (Includes 6/13/05) 6/10/05) (Includes f. Liquor License Permit Application Class E Hy -Vee Food Store, 2052 Logan Avenue (Renewal) (Expires 3/23/05) Sunday Sales) g• Fireworks Display Application Sunnyside Country Club, 1600 Olympic Drive on July 4, 2004 h. Outdoor Service Area Application Waterloo Jaycees, 100 Block of East 4th Street Waterloo Jaycees, 100 Block of West 4th Street Benevolent & Protective Order of Elks, 407 East Park Avenue Black Hawk Tennis Club transfer to Byrnes Tennis Center i. Going Out of Business Sale Application Old Warehouse Studio Antique - Studio Jewelers, 200 Sycamore days -6/8/04 - 8/7/04) j. Bonds. Ayes: Seven. Motion carried. HEARINGS AND BIDS 119958 - Schmitt/Cole that proof of publication of notice of public hearing on Parking Lot Paving & Lighting, Contract No. 681, as published Courier on May 28, 2004, be received and placed on file. Ayes: carried. (Includes Street (60 F.Y. 2004 Young Arena in the Waterloo Seven. Motion 119959 - This being the time and place of public hearing, the Mayor called and oral objections and there were none. Welper/Kincaid that the hearing be closed. Ayes: Seven. Motion carried. for written June 7, 2004 • • HEARINGS AND BIDS CONTINUED 119960 - Gunderson/Schmitt Page 3 that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2004 Young Arena Parking Lot Paving & Lighting, Contract No. 681", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-356. 119961 - Gunderson/Schmitt that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-357. 119962 - Kincaid/Cole to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Total Bid Bowers Masonry, Waterloo, IA 5% $124,603.23 Borwig Building Services, Waterloo IA 5% $133,430.00 Cedar Valley Corp., Waterloo, IA 5% $178,081.93 Cunningham Construction, Cedar Falls, IA 5% $130,411.33 DC Corp., Waterloo, IA $6,560.00 $131,195.38 Youngblut Contracting, Washburn, IA 5% $137,815.17 Ayes: Seven. Motion carried. HEARINGS 119963 - Greenwood/Cole that proof of publication of notice of public hearing on request of Willard Frost to rezone from "A-1" Agricultural District to "M -2,P" Planned Industrial District property generally located just southwest of Tyson Foods between Martin Luther King Jr. Drive and Independence Avenue for the purpose of future industrial development, as published in the Waterloo Courier on May 24, 2004, be received and placed on file. Ayes: Seven. Motion carried. 119964 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Gunderson 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. 119965 - Schmitt/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 359 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 119966 - Greenwood/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 119967 - Gunderson/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 359 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. 4695. June 7, 2004 Page 4 HEARINGS CONTINUED 119968 - Cole/Schmitt that proof of publication of notice of public hearing on request of Louis and Teresa Schmitz to rezone from "A-1" Agricultural District to "M -2,P" Planned Industrial District property generally located just south of Tyson Foods along Martin Luther King Jr. Drive and west of North Elk Run Road for the purpose of future industrial development, as published in the Waterloo Courier on May 24, 2004, be received and placed on file. Ayes: Seven. Motion carried. 119969 - 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 and recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 119970 - Kincaid/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 360 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 119971 - Schmitt/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 119972 - Gunderson/Kincaid that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 360 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. 4696. 119973 - Gunderson/Kincaid that proof of publication of notice of public hearing on request of Willard Frost to sell and convey disposal parcels acquired as part of the Martin Luther King Jr. Drive project for $3,250.00 per acre, as published in the Waterloo Courier on May 24, 2004, be received and placed on file. Ayes: Seven. Motion carried. 119974 - 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. 119975 - Greenwood/Cole 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. 2004-358. 119976 - Schmitt/Gunderson that proof of publication of notice of public hearing on request of Kwik Trip Corporation for a site plan amendment to the "S-1" Shopping District for property generally located at 324 Fletcher Avenue and Highway 63 for the purpose of adding two automatic carwash bays, as published in the Waterloo Courier on May 24, 2004, be received and placed on file. Ayes: Seven Motion carried. 119977 - This being the time and place of public hearing, the Mayor called for written and oral objections. Welper/Schmitt that the petition of objection be received and placed on file. Ayes: Seven. Motion carried. • • • June 7, 2004 HEARINGS CONTINUED Page 5 119978 - Dave Welsh, 827 Reber Avenue, stated there are five reasons why 33 residents signed the petition. Kwik Trip's promises are no good. They told the residents it is not a truck parking lot, but trucks turn around there, and there are trucks there every night, with noise and diesel smoke from the trucks. The previous storeowner said they were not going to put up a sign that no overnight truck parking is allowed. There are concerns with the sanitary sewer system as the system backs up when it rains. If the homeowner does not have a plug, the sewage comes up through the stool. The business already has noise 24 hours, with headlights shinning on the houses. Children go through the parking lot from Byrnes Park and Hope Martin, there is a bicycle trail, and there are no sidewalks on Fletcher Avenue. Mr. Welsh stated the car wash would be a danger for the children. There are already two taverns in the neighborhood, and property owners are concerned this could reduce property value. Mr. Welsh stated 33 neighbors signed the petition and the council should stand with the citizens on this issue. Hans Zietlow, Director of Real Estate for Kwik Trip, stated there has been misinformation, and Kwik Trip was surprised that the Planning, Programming and Zoning Commission turned down this request. Kwik Trip is a family-owned business based in Wisconsin. Kwik Trip has its own dairy and bakery. Kwik Trip has invested money in this community. Kwik Trip puts car washes in all new store. Mr. Zietlow stated there is a 100 foot buffer zone. The area already has noise from the highway out front. The current site plan has nothing blocking the homes from Highway 63, but with the proposed site plan there would be a building, green space and fencing. Mr. Zietlow stated he tried to verify if the previous owner said trucks could park there, but has no answer at this time. Mr. Zietlow stated the carwash will be a solution to the truck parking as the stalls will not allow truck parking. Mr. Zietlow stated there is a truck parked at the store right now, but it will take a little training time. Mr. Zietlow stated the proposed site plan calls for the lights to shine across Reber Avenue, and with the trees and fencing the lights will be blocked from the residents. Mr. Zietlow stated that apparently the sanitary sewer goes through Highway 63, and if there is an issue with the sewer system the City Engineer would say there is a concern, but he has not. Mr. Zietlow stated that the car wash bays have doors on both sides, and the doors are closed until someone punches the key pads. Mr. Zietlow stated that Kwik Trip does not feel safety is an issue. Mr. Zietlow stated he asked to meet with Mr. Welsh, but he did not want to have a meeting. Mr. Zietlow stated he is hearing that a lot of people in the community want the car wash. Mr. Zietlow stated that he does not feel the objections are about the car wash, but that Kwik Trip is there already. Mr. Zietlow stated this will solve the problems. Mr. Zietlow asked the council to seriously consider Kwik Trip's request and vote in favor of the site plan amendment to allow Kwik Trip to go forward. Councilperson Welper asked if Kwik Trip met the concerns of the neighbors before or after the Planning, Programming and Zoning Commission meeting, and Mr. Zietlow responded it was after that meeting. Councilperson Schmitt stated that he spoke with the manager and was told that none of the issues were addressed in two years. Mr. Zietlow responded that Kwik Trip had no anticipation that there would be problems with the proposed site plan amendment as this is one of the best car wash site plans Kwik Trip has presented. Mr. Zietlow stated the proposed car wash compares favorably with other car washes in the community. Councilperson Schmitt asked if Kwik Trip was aware of the issues prior to the Planning, Programming and Zoning Commission meeting, and Mr. Zietlow responded they were not. Welper/Gunderson that the hearing be closed and recommendation of denial of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 119979 - Welper/Gunderson that "Resolution approving said site plan amendment", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Clark commented that it is always difficult to override a commission or disagree with the citizens, but Kwik Trip has put in a considerable amount of effort since the Planning, Programming and Zoning Commission. Councilperson Clark noted that Mr. Thorson says there is no issue with the sewer. Councilperson Clark stated he thinks the car wash is a good addition to the neighborhood. June 7, 2004 HEARINGS CONTINUED Page 6 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. 2004-359. REPORTS 119980 - Greenwood/Cole that communication from Waterloo Water Works General Manager transmitting Audit Report and Financial Statements for Waterloo Water Works for Calendar Year ending December 31, 2003, and Waterloo Water Works 2003 Operating Report, together with recommendation of approval of Board of Trustees, be received and placed on file. Ayes: Seven. Motion carried. DOCUMENTS 119981 - Gunderson/Kincaid that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance for Work performed by Rampart Corporation of Waterloo, Iowa, in conjunction with F.Y. 2003 Sidewalk Repair Program - Zone 3 and Trail Repair, Contract No. 664, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-360. 119982 - Gunderson/Kincaid that communication from Police Chief transmitting an application with Iowa Division of Criminal and Juvenile Justice Planning for Juvenile Accountability Incentive Block Grant in the amount of $11,649.00, with no required match, be received, placed on file and "Resolution approving said grant application", be adopted and Police Chief authorized to submit same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-361. 119983 - Gunderson/Kincaid that communication from Police Chief transmitting one-year agreement with Waterloo Harley-Davidson Cycle Center to lease two Harley-Davidson motorcycles at a cost of $100.00 per month per motorcycle, plus cost of routine maintenance, be received, placed on file and "Resolution approving said lease agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-362. 119984 - Gunderson/Kincaid that communication from Fire Chief transmitting Letter of Agreement with the Iowa Emergency Management Division to use the Hazardous Materials Regional Training Center, 1925 Newell Street, as a Disaster Recovery Center, 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. 2004-363. 119985 - Schmitt/Cole that communication from General Manager of the Waterloo Water Works transmitting Release of Real Estate Mortgage for Randy and Janice Bearbower, 9011 Douglas Drive, for payment of promissory note in conjunction with Kimball South Rural Water Main Project, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-364. 119986 - Schmitt/Cole that communication from City Planner transmitting an addendum to Development Agreement with James H. Slife, owner of Pioneer Graphics, to extend the number of rebatement years at 100 percent from five to eight years, be received, placed on file and "Resolution approving said addendum", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote o1111 he above motion, the following mments were heard. • • June 7, 2004 DOCUMENTS CONTINUED Page 7 Don Temeyer, Community Planning & Development Director, reported that the downtown plan for new construction allows tax rebatements for up to ten years. Mr. Slife was asked to keep the rebates to five years, but Mr. Slife has encountered additional expenses. Pioneer Graphics discovered an active sewer line under the vacated alleyway which services their neighbor Heaton Adams, so they have to construct a special system and asked for assistance to help with the extra costs. This resolution just extends the tax rebates from five to eight years. Councilperson Clark asked if other businesses received the full rebatement, and Mr. Temeyer responded that Doughy Joeys and some sidewalk work. 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. 2004-365. 119987 - Schmitt/Cole that communication from City Planner transmitting Purchase Agreement with Ardith Shull to purchase property generally located at 217 Elm Street, 218 Elm Street and vacant lot for $42,000.00 in conjunction with EDA Rath Area Redevelopment Project, be received, placed on file and "Resolution approving said Purchase Agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-366. NEW BUSINESS 119988 - Cole/Schmitt that communication from Superintendent of Streets transmitting recommendation of award of bid in the amount of $152,100.00 to Bituminous Materials for purchase of materials to be used in this year's oiling/sealing program, be received, placed on file and "Resolution approving said award of bid", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-367. 119989 - Cole/Schmitt that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,810.00 for work performed by the Water Works at 610 Sumner Street, 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. 2004-368. 119990 - Cole/Schmitt that communication from Waterloo Convention and Visitors Board of Directors transmitting recommendation on Hotel/Motel Tax Grant applications for FY2004- 2005, be received, placed on file and "Resolution approving said funding", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-369. 119991 - Welper/Gunderson that communication from City Planner transmitting request of Ralph E. Russell Trust to rescind the portion of an agreement requiring the Trust to repay the city for construction of Greyhound Drive, be received, placed on file and "Resolution approving said request", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood stated he will not support to rescind the repayment portion of the agreement as he feels there is no immediate need to rescind it. Councilperson Greenwood stated this is very valuable property as it is located by a freeway with on/off ramps, and access to Ridgeway Avenue and Highway 63. Councilperson Greenwood stated he thinks there are several development ideas on the table, but there is no rush at this time. Councilperson Greenwood stated he would like to know what is going to happen with this very valuable land and would like some kind of development agreement. June 7, 2004 Page 8 NEW BUSINESS CONTINUED Councilperson Clark agreed with Councilperson Greenwood and said he would like to rescind the repayment portion of the agreement in conjunction with some plan as this is extremely valuable property. Mayor Hurley explained that this request is on the agenda because it is potentially valuable land, but there is a lien on it. Noel Anderson, City Planner, stated that the development occurred at a time when the city would construct and fund the infrastructures and the city was paid back. The agreement was that the city would fund and construct Greyhound Drive to serve the Greyhound Park facility area. As the area developed on the adjoining land, the costs of the road construction would be paid back to the city on a proportionate basis, but the land was never developed. People are interested in developing the land, but the lien on the property drives up the costs for which the Trust can sell the property. The parties feel this is the right time to rescind the portion of the agreement requiring the Trust to repay for construction of Greyhound Park. Councilperson Schmitt asked if the Russell Trust will benefit from this action other than the removal of the lien. Mr. Anderson responded that he does not believe so because they can't sell the land with the lien. There is about a $1 million lien on the property, but the property is worth about $10,000.00 per acre. Councilperson Welper commented that the council's number one goal is to expand the tax base. Fred Meehe with Iowa Realty Company stated that this will not be a hodge-podge development, but they need a release from the lien before development occurs as the lien has limited their efforts for years to sell the land. The farm currently pays $2,004.00 in taxes per year, but someone wants to buy the property. The absentee owners have no interest in developing the property, but there are about 11 interested buyers. The interested buyer as use for seven or ten acres, and he will have to go through the normal procedures of site plan approval by the Planning, Programming and Zoning Commission. Mr. Meehe stated the plan fits in with the proposed zoning, and but it is not going to be easy to develop as 2/3 of the land is in the flood plan. Mr. Meehe stated this will compliment the development of the neighbors to the west. The council will have an opportunity to review the site plan. The original agreement was about 20 years ago with parties who had a grand idea. Mr. Meehe stated this will achieve the number one goal of the council. Mr. Meehe stated this will increase taxes and add jobs, and he asked the council to approve rescinding of the portion of the agreement requiring the Trust to repay the city for construction of Greyhound Park. Don Temeyer, Community Planning and Development, reported that there is one other property in Tower Park where the owners are going to ask the council to rescind their repayment agreement. In this instance, the 60 to 70 percent of the cost has been paid through an assessment. This will be brought before the council within the next few weeks. Following comments a vote was taken on the above motion with the following result. Ayes: Four. Nays: Cole, Greenwood, Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-370. ADJOURNMENT 119992 - Welper/Cole that the Council adjourn at 6:31 p.m. Ayes: Seven. Motion carried. Nancy Eckert, CMC City Clerk • •