HomeMy WebLinkAboutMinutes-03/15/2004• •
March 15, 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, March 15, 2004. Mayor Timothy J.
Hurley in the Chair. Roll Call: Kincaid, Greenwood, Clark, Schmitt, Welper. Absent:
Cole, Gunderson.
Moment of Silence.
Pledge of Allegiance: Brad Hagen, Airport Director.
119512 - Welper/Kincaid
that the Agenda, as proposed, for the Regular Session on Monday, March 15,
2004, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Cole,
Gunderson. Motion carried.
119513 - Welper/Kincaid
that the Minutes, as proposed, for the Regular Session on Monday, March 8,
2004, at 5:30 p.m., be accepted and approved. Ayes: Five. Absent: Cole,
Gunderson. Motion carried.
Presentation by MidAmerican Energy of $20,000.00 check for "Trees Please" grant
as part of MidAmerican Energy Efficiency Program.
CONSENT AGENDA
119514 - Welper/Schmitt
that the following items on the consent agenda be received, placed on file and
approved:
a. Communication from Mayor Hurley transmitting recommendation of
reappointment of the following to the Cultural & Arts Commission: Rose
Middleton and Susie Heaton, with term expiration date of March 1, 2005; Tom
Langlas and Karol Rae Hoth, with term expiration date of March 1, 2006;
Steve Showers and Mike Broshar, with term expiration date of March 1, 2007;
and appointment of the following: Barb Heitzman, with term expiration date
of March 1, 2006, and Matt Hundley, with term expiration date of March 1,
2007.
b. Communication from Community Planning and Development Director transmitting
recommendation of appointment of Christopher Leach and Jason Verbraken to
the position of Rehabilitation Specialist, effective at a mutually agreed
upon date.
c. Brooke Carter, Police Sergeant, to attend Train -The Trainer Course on
Multi -Hazard Emergency Planning for Schools in Emmetsburg, Maryland, on
April 18-22, 2004, with costs not to exceed $200.00.
d. Rudy Jones, Community Development Director; David Keidel, Manager of
Rehabilitation Services; and two Rehabilitation Specialists to attend
Housing Rehabilitation Construction Management Workshop in Mason City,
Iowa, on April 12-16, 2004, with costs not to exceed $2,896.00, including
use of city vehicle.
e. Jeff Siebel, Plumbing Maintenance; Werner Wittmann, Electrical Maintenance;
and Ed Abben, HVAC Maintenance, to attend Low -Pressure Maintenance
Certification Class in Cedar Falls, Iowa, on March 8, 11, 15, 18, 22, 25,
29 and April 1, 5 and 8, 2004, with costs not to exceed $1,230.00.
f. Beer License Permit Application
Class B
The Grand Hotel, 300 W. Mullan Avenue (Renewal) (Expires 4/12/05)
(Includes Sunday Sales)
Iry Warren Memorial Golf Course, 1000 Fletcher Avenue (Renewal) (Expires
4/1/05) (Includes Sunday Sale)
Waterloo Bucks Baseball Club, 850 Park Road (New Owner) (Expires 3/29/05)
(Includes Sunday Sales)
g.
Beer/Liquor License Permit Application
Class C
Porky's Red Carpet, 1449 Newell Street (Renewal) (Expires 4/4/05)
(Includes Sunday Sales)
Tequila Club, 228 E. 4th Street (Renewal) (Expires 3/17/05) (Includes
Sunday Sales)
March 15, 2004
CONSENT AGENDA CONTINUED
Page 2
h. Liquor License Permit Application
Class A
Knights of Pythias, 244 Ash Street (Renewal) (Expires 3/8/05) (Includes
Sunday Sales)
i. Liquor License Permit Application
Class E
Hy -Vee Food Store, 4000 University
(Includes Sunday Sales)
h.
i.
Avenue (Renewal) (Expires 3/15/05)
Outdoor Service Area Application
Iry Warren Memorial Golf Course, 1000 Fletcher Avenue (Expires 4/1/05)
Porky's Red Carpet, 1449 Newell Street (Expires 4/4/05)
Waterloo Bucks Baseball Club, 850 Park Road (Expires 3/29/05)
Bonds.
Ayes: Five. Absent: Cole, Gunderson. Motion carried.
HEARINGS
119515 - Clark/Welper
that proof of publication of notice of public hearing on proposed amendment to
Comprehensive Plan to include Updated Waterloo Downtown Redevelopment Master
Plan, as published in the Waterloo Courier on March 2, 2004, be received and
placed on file. Ayes: Five. Absent: Cole, Gunderson. Motion carried.
119516 - Councilperson Clark reported that the updated Waterloo Downtown Redevelopment
Master Plan is available for the public to view at the Center For The Arts in
the Hurwich Room.
Welper/Clark
that the hearing be tabled to April 5, 2004. Ayes: Five. Absent: Cole,
Gunderson. Motion carried.
119517 - Kincaid/Schmitt
that proof of publication of notice of public hearing on request of Tom Nutting
for a site plan amendment to the "C -Z" Conditional Zoning for property
generally located at the northwest corner of East 4th and Donald Streets for
purpose of retirement housing development consisting of 39 units on 2.76 acres,
as published in the Waterloo Courier on March 2, 2004, be received and placed
on file. Ayes: Five. Absent: Cole, Gunderson. Motion carried.
119518 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Reverend James Carstensen of the Good Shepherd Church, reported that his church
met with representatives of this project, and the church is in favor of this
development and are anxious to see it go.
Welper/Kincaid
that the hearing be closed and recommendation of approval of the
Programming and Zoning Commission and orals comments be received and
file. Ayes: Five. Absent: Cole, Gunderson. Motion carried.
119519 - Greenwood/Kincaid
Planning,
placed on
that "Resolution approving said site plan amendment", be adopted. Ayes: Five.
Absent: Cole, Gunderson.
Resolution adopted and upon approval by Mayor assigned No. 2004-119.
119520 - Schmitt/Welper
that proof of publication of notice of public hearing on
Cabinets, Ltd. to rezone from "A-1" Agricultural District
Industrial District property generally located west of Burton
Airline Highway for purpose of developing a 200 -stall parking
and access for trucks off Burton Avenue, as published in the
on March 2, 2004, be received and placed on file. Ayes: Five
Gunderson. Motion carried.
• •
request of Omega
to "M-1" Light
Avenue, south of
lot for employees
Waterloo Courier
Absent: Cole,
March 15, 2004 Page 3
HEARINGS CONTINUED
119521 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Clark/Schmitt
that the hearing be closed and
Programming and Zoning Commission
Absent: Cole, Gunderson. Motion
119522 - Clark/Greenwood
recommendation of approval of the Planning,
be received and placed on file. Ayes: Five.
carried.
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance, by adding Subsection No. 352 to Section 2A-5, Rezoning Certain
Property", be received, placed on file, considered and passed for the first
time. Ayes: Five. Absent: Cole, Gunderson. Motion carried.
119523 - Welper/Kincaid
that proof of publication of notice of public hearing on request of the
Roosevelt Roby, Jr. to vacate, sell and convey city right-of-way generally
located at the corner of Chestnut and Utica Streets, for $1.00, as published in
the Waterloo Courier on March 2, 2004, be received and placed on file. Ayes:
Five. Absent: Cole, Gunderson. Motion carried.
119524 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Welper/Greenwood
that the hearing be closed and
Programming and Zoning Commission
Absent: Cole, Gunderson. Motion
119525 - Greenwood/Schmitt
recommendation of approval of the Planning,
be received and placed on file. Ayes: Five.
carried.
that "an Ordinance vacating city right-of-way generally located at the corner
of Chestnut and Utica Streets", be received, placed on file, considered and
passed for the first time. Ayes: Five. Absent: Cole, Gunderson. Motion
carried.
UNFINISHED BUSINESS
119526 - Clark/Schmitt
that communication from Associate Engineer transmitting recommendation of award
of contract in the amount of
Reinbeck, Iowa, in conjunction
Roadway, BRM -8155(650)-8N-07,
Contract No. 622, be received,
award of contract", be adopted.
$4,445,968.39 to Peterson Contractors, Inc. of
with F.Y. 2004 18th Street Bridge and Approach
STP -U -8155(650)-8N-07, RM -8155(654)-9D-07,
placed on file and "Resolution approving said
Ayes: Five. Absent: Cole, Gunderson.
Resolution adopted and upon approval by Mayor assigned No. 2004-120.
PETITIONS FROM PUBLIC
119527 - Greenwood/Kincaid
that communication from City Planner transmitting request of John Hill and Andy
Austin to rezone from "C-1" Commercial District to "C-2" Commercial District
property generally located at 3520 Marigold Drive, just west of Highway 218 for
the purpose of building a mini -storage facility, together with recommendation
of approval of the Planning, Programming and Zoning Commission, be received,
placed on file and "Resolution setting date of hearing as April 5, 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. Ayes: Five.
Absent: Cole, Gunderson.
Resolution adopted and upon approval of Mayor assigned No. 2004-121.
March 15, 2004 Page 4
PETITIONS FROM PUBLIC CONTINUED
119528 - Greenwood/Kincaid
that communication from City Planner transmitting request of John Dixon to
rezone from "R-3" Multiple Residential District to "R -4","C -Z" Commercial
District property generally located just east of 42 Franklin Street for the
purpose of constructing a commercial appliance and repair business, together
with recommendation of approval of the Planning, Programming and Zoning
Commission, be received, placed on file and "Resolution setting date of hearing
as April 5, 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. Ayes: Five. Absent: Cole, Gunderson.
Resolution adopted and upon approval of Mayor assigned No. 2004-122.
DOCUMENTS
119529 - Clark/Welper
that communication from Building Official/Maintenance Administrator
transmitting Completion of Project and Recommendation of Acceptance of Work
performed by Service Roofing of Waterloo, Iowa, in conjunction with Waterloo
Center For The Arts Re -Roofing Project, be received, placed on file and
"Resolution approving said documents", be adopted and Mayor authorized to
execute same. Ayes: Five. Absent: Cole, Gunderson.
Resolution adopted and upon approval by Mayor assigned No. 2004-123.
119530 - Clark/Welper
that communication from Assistant City Attorney transmitting
Acknowledgement/Settlement Agreement in the amount of $300.00 from Kwik Star,
Store #715, 1636 West 4th Street, in settlement of selling tobacco, tobacco
products or cigarettes to a person under eighteen years of age be received,
placed on file and "Resolution approving said agreement", be adopted and Mayor
authorized to execute same. Ayes: Five. Absent: Cole, Gunderson.
Resolution adopted and upon approval by Mayor assigned No. 2004-124.
119531 - Clark/Welper
that communication from Assistant City Attorney transmitting
Acknowledgement/Settlement Agreement in the amount of $300.00 from Hy -Vee,
Inc., 2052 Logan Avenue, in settlement of selling tobacco, tobacco products or
cigarettes to a person under eighteen years of age be received, placed on file
and "Resolution approving said agreement", be adopted and Mayor authorized to
execute same. Ayes: Five. Absent: Cole, Gunderson.
Resolution adopted and upon approval by Mayor assigned No. 2004-125.
119532 - Clark/Welper
that communication from Assistant City Attorney transmitting
Acknowledgement/Settlement Agreement in the amount of $300.00 from Southtown
Lounge, 2026 Bopp Street, in settlement of selling tobacco, tobacco products or
cigarettes to a person under eighteen years of age be received, placed on file
and "Resolution approving said agreement", be adopted and Mayor authorized to
execute same. Ayes: Five. Absent: Cole, Gunderson.
Resolution adopted and upon approval by Mayor assigned No. 2004-126.
119533 - Clark/Welper
that communication from Assistant City Attorney transmitting
Acknowledgement/Settlement Agreement in the amount of $300.00 from Kwik Star,
Store #724, 1105 Cedar Bend, in settlement of selling tobacco, tobacco products
or cigarettes to a person under eighteen years of age be received, placed on
file and "Resolution approving said agreement", be adopted and Mayor authorized
to execute same. Ayes: Five. Absent: Cole, Gunderson.
Resolution adopted and upon approval by Mayor assigned No. 2004-127.
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March 15, 2004
DOCUMENTS CONTINUED
119534 - Clark/Welper
that communication from Chief of Police
Governor's Traffic Safety Bureau Iowa Department of Public
Prevention grant in the amount of $21,000.00, with no required city match,
be used to prevent the operation of motor vehicles by intoxicated drivers,
decrease alcohol-related traffic injuries and fatalities and increase the use
of occupant restraints be received, placed on file and "Resolution approving
said application", be adopted and Mayor authorized to execute same. Ayes:
Five. Absent: Cole, Gunderson.
transmitting
an
agreement
Page 5
with
Safety for OWI
to
Resolution adopted and upon approval by Mayor assigned No. 2004-128.
119535 - Clark/Welper
that communication from Leisure Services Director transmitting five-year
agreement with Twins Sports Group, Inc. for lease of the Waterloo Riverfront
Stadium 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.
Paul Huting, Leisure Services Director, reported that the terms of the lease
are the same as the agreement with Bucks Baseball, Inc. Bucks Baseball, Inc.
has assigned its interest in the lease with the city to Twin Sports Group, Inc.
Mr. Huting reported that Leisure Services has discussed installation of new
restroom facilities for a few years and bond funds have been allocated.
Following comments a vote was taken on the above motion with the following
result. Ayes: Five. Absent: Cole, Gunderson.
Resolution adopted and upon approval by Mayor assigned No. 2004-129.
ORDINANCES TO BE ADOPTED
119536 - Schmitt/Kincaid
that "an Ordinance extending moratorium an additional 30 days on the
construction, development, redevelopment, remodeling or new construction within
the Vision Iowa Project area", 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.
Mayor Hurley reported that the moratorium expired on March 10, 2004. Mayor
Hurley stated that we were going to discuss and adopt the updated Waterloo
Downtown Redevelopment Master Plan this evening, but two council members are
absent and members of the Waterloo Development Corp and representatives from
Vanderwalle & Associates were not able to attend tonight's meeting. Mayor
Hurley stated he asked that the hearing on the Master Plan be moved to April 5,
2004 so they will be available to attend the hearing to answer questions.
Mayor Hurley reported this ordinance will extend the moratorium one month.
Following comments a vote was taken on the above motion with the following
result. Ayes: Five. Absent: Cole, Gunderson. Motion carried.
BILLS PAYMENT
119537 - Greenwood/Welper
that "Resolution approving Schedule AP640, pp. 1-90, dated March 15, 2004, in
the amount of $432,772.84, 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: Five. Absent: Cole, Gunderson.
Resolution adopted and upon approval by Mayor assigned No. 2004-130.
NEW BUSINESS
119538 - Welper/Schmitt
that communication from City Planner transmitting amendment to the Zoning
Ordinance to list storage and mini -storage facilities as a special permitted
use in the "C-2" Commercial District, and as a principle permitted use in the
"M-1" Light Manufacturing District, together with recommendation of approval of
the Planning, Programming and Zoning Commission, be received, placed on file
and "Resolution setting date of hearing as April 12, 2004, at 5:30 p.m. in the
City Hall Council Chambers on above described request", be adopted and City
Clerk instructed to published notice of same.
Prior to a vote on the above motion, the following comments were heard.
March 15, 2004 Page 6
NEW BUSINESS CONTINUED
Don Temeyer, Community Planning and Development Director, reported that the
current Zoning Ordinance is not clear as to where storage and mini -storage
facilities are allowed. The proposed amendment would list storage and mini -
storage facilities as a special permitted use in the "C-2" Commercial District,
and as a principle permitted use in the "M-1" Light Manufacturing District.
Following comments a vote was taken on the above motion with the following
result. Ayes: Five. Absent: Cole, Gunderson.
Resolution adopted and upon approval by Mayor assigned No. 2004-131.
119539 - Kincaid/Welper
to instruct Building Official/Maintenance Administrator to prepare plans,
specifications, form of contract, etc. in conjunction with Public Restrooms,
Break Room and Women's Police Locker Room Renovations, be received, placed on
file and approved. Ayes: Five. Absent: Cole, Gunderson. Motion carried.
119540 - Welper/Schmitt
that plans, specifications, form of contract, etc. in conjunction with Public
Restrooms, Break Room and Women's Police Locker Room Renovations, be received
and placed on file. Ayes: Five. Absent: Cole, Gunderson. Motion carried.
119541 - Greenwood/Welper
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with above described project", be adopted. Ayes:
Five. Absent: Cole, Gunderson.
Resolution adopted and upon approval by Mayor assigned No. 2004-132.
119542 - Welper/Schmitt
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. as April 5, 2004, at 5:30 p.m. in the City Hall Council Chambers
and taking of bids on the above described project", be adopted and City Clerk
instructed to publish notice of same. Ayes: Five. Absent: Cole, Gunderson.
Resolution adopted and upon approval by Mayor assigned No. 2004-133.
ADJOURNMENT
119543 - Welper/Clark
that the Council adjourn at 6:00 p.m. Ayes: Five. Absent: Cole, Gunderson.
Motion carried.
Eck.Q_a-
Nancy"Eckert
City Clerk
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