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HomeMy WebLinkAboutMinutes-10/11/2004October 11, 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, October 11, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Clark, Schmitt, Gunderson, Welper. Absent: Cole, Greenwood. Moment of Silence. Pledge of Allegiance: Ned DeBerg, Fire Chief. 120593 - Welper/Kincaid 120594 that the Agenda, as amended, for the Regular 2004, at 5:30 p.m., be accepted and approved. Greenwood. Motion carried. - Welper/Kincaid Session Ayes: that the Minutes, as proposed, for the Regular Session 2004, at 5:30 p.m., be accepted and approved. Ayes: Greenwood. Motion carried. Mayor Hurley read a Day. Mayor Hurley read a School Day. CONSENT AGENDA 120595 - Welper/Kincaid on Monday, October 11, Five. Absent: Cole, on Monday, October 4, Five. Absent: Cole, Proclamation declaring October 15, 2004 as White Cane Safety Proclamation declaring October 14, 2004 as Lights On After that the following items on the consent agenda be received, placed on file and approved: a. Resolution to approve the following: 1. Resolution approving Schedule AP640, dated October 11, 2004, in the amount of $1,441,772.20, pp. 1-61, 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. 2004-693. 2. Communication from Police Chief transmitting request of West High School to hold annual Homecoming Parade on October 15, 2004 from approximately 2:00 p.m. to 2:30 p.m., with parade starting at the west side parking lot traveling west on E. Ridgeway Avenue, north on Kimball Avenue, east on Easton Avenue, south on Baltimore and west on E. Ridgeway to the west parking lot. Resolution adopted and upon approval by Mayor assigned No. 2004-694. b. Motion -to approve the following: 1. Jason Hernandez, Medical Officer, to attend Iowa EMS Association Conference and Trade Show in Des Moines, Iowa on November 11-13, 2004, with costs not to exceed $503.80. 2. Rudy Jones, Community Development Director, to attend Iowa NAHRO Fall Conference in Des Moines, Iowa on October 20-22, 2004, with costs not to exceed $610.00, including use of city vehicle. 3. Stacy Hogle and Jody Clark, School Resource Officers, to attend Urban Potential Seminar in Waterloo, Iowa on September 30, 2004, with costs not to exceed $198.00 each, including use of city vehicle. 4. Abraham Funchess, Human Rights Commissioner, to attend HUD Section 3 Training Conference in Baltimore Maryland on October 12-15, 2004, with costs not to exceed $2,497.90. 5. Keith Rogers, Police Investigator, to attend Law Enforcement Intelligence Conference in Des Moines, Iowa on October 17-20, 2004, with costs not to exceed $458.65, including use of city vehicle. 6. Kent Shankle, Curator, to attend Iowa Museum Association Annual Conference in Okoboji, Iowa on October 10-12, 2004, with costs not to exceed $370.00, including use of city vehicle. October 11, 2004 Page 2 Consent Agenda - continued 7. Cammie Scully, Director of Cultural & Arts Commission, to attend Iowa Museum Association Annual Conference in Okoboji, Iowa on October 10-13, 2004, with costs not to exceed $145.00. c. Beer/Liquor License Permit Application Class C Z's Restaurant & Lounge, 3937 W. Airline Highway (Renewal) (Expires 10/31/05) d. Beer/Wine License Permit Application Special Class C Highway 63 Diner, 3030 Marnie Avenue (Renewal) (Expires 11/04/05) (Includes Sunday Sales) e. Beer License Permit Application Class C Jula's Liquor, 521 Dane Street (New) (Expires 10/13/05) (Includes Sunday Sales) f. Wine License Permit Application Class B Jula's Liquor, 521 Dane Street (New) (Expires 10/13/05) (Includes Sunday Sales) g. Liquor License Permit Application Class E Jula's Liquor, 521 Dane Street (New) (Expires 10/13/05) (Includes Sunday Sales) Prior to a vote on the above motion, the following comments were heard. In answer to a question from Councilperson Clark, Walter Reed, Executive Director of Human Rights Commission, commented that the increase to the travel request for the commission member was due to increased cost in air travel. The air fare increased since the Finance Committee approved the travel request. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Cole, Greenwood. Motion carried. HEARINGS AND BIDS 120596 - Welper/Kincaid that proof of publication of notice of public hearing on Purchase of 2005 Ambulance Chassis, as published in the Waterloo Courier on September 24, 2004, be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 120597 - 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: Five. Absent: Cole, Greenwood. Motion carried. 120598 - Welper/Kincaid that "Resolution confirming approval of specifications, form of contract, etc. in conjunction with Purchase of 2005 Ambulance Chassis", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-695. 120599 - Welper/Schmitt that "Resolution authorizing to proceed in conjunction with above project", be adopted. Prior to a vote on the above motion, the following comments were heard. Ned DeBerg, Fire Chief, stated that we are purchasing the chassis separate from the box as it is cheaper. The chassis will be delivered to the company and built on top of the box. • October 11, 2004 • • Page 3 Hearings and Bids - continued Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-696. 120600 - Welper/Kincaid to receive, file and instruct City Clerk to open and read bids and refer to Fire Chief for review: Bidder Total Bid Dick Witham Ford, Waterloo, IA Shell Rock Ford Sales, Inc., Shell Rock, IA $23,908.00 $24,487.40 Ayes: Five. Absent: Cole, Greenwood. Motion carried. HEARINGS 120601 - Gunderson/Schmitt that proof of publication of notice of public hearing on reduction of utility easement from 8 feet 8 inches to 5 feet on property generally located at 147 Treble Road and rescinding Ordinance No. 4353 in its entirety, as published in the Waterloo Courier on October 1, 2004, be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 120602 - 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: Five. Absent: Cole, Greenwood. Motion carried. 120603 - Gunderson/Schmitt that "an Ordinance reducing an utility easement from 8 feet 8 inches to 5 feet on property generally located at 147 Treble Road and rescinding Ordinance No. 4353 in its entirety", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Cole, Greenwood. Motion carried. UNFINISHED BUSINESS 120604 - Schmitt/Gunderson that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $87,600.00 to Exteriors Limited of Vinton, Iowa for Urethane Insulation in conjunction with Metal Roof Restoration For Solid Waste Storage and Repair Center at Pollution Control, be received, placed on file and "Resolution approving award of said contract", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Welper stated that it is his understanding that it might be better to wait until summer to proceed with this project. Lou Cutwright, Building Official/Maintenance Administrator, responded that he spoke with the contractor who will talk to the representative as to temperature needed for installation. If the city needs to wait until spring, Mr. Cutwright will try to lock in the bid price so that the company will honor it. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-697. October 11, 2004 Page 4 PETITIONS FROM PUBLIC 120605 - Gunderson/Schmitt that communication from City Planner transmitting request of Cedar Valley Gaming Co. LLC to rezone from "C-3" Central Business District to "C -P" Planned Commercial property generally located along Commercial and Jefferson Streets between near West 5th Street and West 6th Street for the purpose of developing a gaming facility, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as October 25, 2004 at 5:30 p.m. in City Hall Council Chambers on above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-698. 120606 - Welper/Kincaid that communication from City Planner transmitting request of Isle of Capri Casinos, Inc. to rezone from "A-1" Agricultural District and "C-2" Commercial District to "C -P" Planned Commercial property generally located at the northeast corner of Shaulis Road and Hess Road for the purpose of developing a gaming facility, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as October 25, 2004 at 5:30 p.m. in the City Hall Council Chambers on above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-699. 120607 - Kincaid/Schmitt that communication from City Planner transmitting request of Willow Springs Estates, LP to rezone from "R-2" One and Two Family Residential District to "R - 3,R -P" Planned Multifamily Residential District property generally located at the northwest corner of Willow Street and Idaho Street for the purpose of constructing a 60 -unit affordable family housing development, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as November 1, 2004 at 5:30 p.m. on 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, stated that the developer is planning to apply for federal low-income housing tax credits through the Iowa Finance Authority, and it will probably be next spring before they know if the application is accepted. Fred Mehe, representing the Phillips Estate, reported this area is part of 110 acre estate located at the northwest corner of Willow Street and Idaho Street, and they are selling ten acres to the developers. The developers will have to come back to the council with the minor plat. Councilperson Clark stated that this is the second time the Gandolf Group has come before the council, and he opposed their development then and he still opposes them. Councilperson Clark stated there is a melting pot for low-income units on the north end or the east side of Waterloo as we have three low-income projects, Stokes Manor, Prairie Parks Apartments and the development on Dale Street. Councilperson Clark stated there are no restrictions on the development, but open to anyone and he is very opposed to the stigma the east side has for low-income. Councilperson Clark stated there is Allen Hospital on the east side, Hy -Vee, and a lot of good things going on. These are prime location which would make perfect sites for single family homes if there were any contractors and banks willing to help. Councilperson Clark stated he feels this development is the wrong thing to do for the east side. Councilperson Kincaid stated he supports this project going into this area as it is affordable type of homes. The individuals who move in will be screened by the Gandolf Group. Councilperson Kincaid stated he has been pushing and pushing for development on the east side, and the only way is to get more businesses to locate in the Fourth Ward. • • October 11, 2004 • Petitions from Public - continued Page 5 Following comments a vote was taken on the above motion with the following result. Ayes: Four. Nays: Clark. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-700. DOCUMENTS 120608 - Schmitt/Kincaid that communication from City Engineer transmitting Change Order No. 2 for a net decrease of $8,949.89 for work performed by Rampart Corporation of Waterloo, Iowa in conjunction with FY. 2003 Sidewalk Repair Program - Zone 3 and Trail Repair, Contract No. 664, be received, placed on file and approved and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Cole, Greenwood. Motion carried. 120609 - Schmitt/Kincaid that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of 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 and two-year Maintenance Bond, be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-701. 120610 - Schmitt/Kincaid that communication from Fire Chief transmitting Memorandum of Agreement with University of Northern Iowa at a cost of $5,501.00 for a partnership with Waterloo Fire Rescue in the planning, design and completion of an evaluation of the Fire Pals Education Program, with total funding provided by Center for Disease Control grant, be received, placed on file and "Resolution approving said Memorandum of Agreement", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-702. 120611 - Schmitt/Kincaid that communication from Police Chief transmitting an agreement with Iowa Department of Public Safety, Iowa Governor's Traffic Safety Bureau for a Discretionary Innovative grant in the amount of $6,000.00 to be used to allow officers to conduct overtime enforcement directed at safety belt, child restraint and other traffic violations and funding of one in -car video camera, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-703. 120612 - Schmitt/Kincaid that communication from Building Official/Maintenance Administrator transmitting agreement with Johnson Controls at a cost of $119,444.00 in conjunction with Phase I of Five Sullivan Brothers Convention Center Mechanical Restoration Project, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Lou Cutwright, Building Official/Maintenance Administrator, reported that bond funds will be used for this project, which will be repaid by the reduction in energy use so the taxpayers will be reimbursed. The control project will allow individual rooms in the center to be individually heated or cooled. The system is web based controlled which can be monitored on a computer, and the city will be working with the Ramada Inn to get the maximum out of the system. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-704. October 11, 2004 Page 6 Documents - continued 120613 - Clark/Schmitt that communication from Building Official/Maintenance Administrator transmitting award of contract in the amount of $24,602.00 and agreement with Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa in conjunction 2004 Pool Renovation at Gates with deck replacement and footing installation, be received, placed on file and "Resolution approving award of said contract and agreement", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-705. 120614 - Clark/Schmitt that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Cedar Valley Corporation of Waterloo, Iowa in conjunction with F.Y. 2003 Intersection Improvements for Franklin Street/E. 18t Street and Franklin Street/E. 5th Street, Contract No. 670, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-706. 120615 - Clark/Schmitt that communication from City Engineer transmitting Construction Plans for paving for Anderson's First Addition (Mirage Ridge) to serve Furniture Row, as submitted by Wayne Claassen Engineering and Surveying, Inc. of Waterloo, Iowa, be received, placed on file and "Resolution approving said construction plans", be adopted. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-707. 120616 - Clark/Schmitt that communication from Fire Chief transmitting an agreement with C & S Car Company to lease a truck for FIREPALS Program at a cost of $490.00 per month for 12 months, be received, placed on file and "Resolution approving said lease agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Gunderson asked if the city could lease/purchase the truck since we will be paying $490.00 per month. Ned DeBerg, Fire Chief, responded that the city only received one bid for the truck. Chief DeBerg reported that Center for Disease Control Fire Pals Injury Prevention grant funds will be used to pay the monthly cost to lease the truck. When Fire Rescue was awarded the previous grant, it was for three years and the federal grant would not allow us to lease for three years. This grant is for one year, and they only want the city to lease the truck for one year. Chief DeBerg stated he does not have any need in his department's CIP for a pick up truck except for the Fire Pals Program. If next year Fire Rescue is awarded a three year grant, then they would do a lease/purchase. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-708. 120617 - Clark/Kincaid that communication from City Planner transmitting Preliminary Plat of Highland Crossing, together with staff report, Report of the City Engineer, Deed of Dedication and Certificate of Survey and legal description, be tabled to October 18, 2004. Prior to a vote on the above motion, the following comments were heard. Councilperson Clark asked that this item be tabled for one week as he has been contacted by neighbors who have questions. Councilperson Clark asked the council to table approving the preliminary plat to give the neighbors a chance to look at the plat to make sure there are no problems with runoff. • • 4110 October 11, 2004 !' Page 7 Documents - continued Jon Coons, President of Aequitas Real Estate Group, reported that they met with the neighborhood association yesterday and talked about the scope of the project. Mr. Coons asked the council not to table this item as the property is properly zoned. Mr. Coons stated that low-income is really a misnomer as the project is affordable housing which can be rented to families with incomes from $27,000.00 to $34,000.00 per year under state guidelines. Mr. Coons stated this project is located outside of Highland, and they have listened to the neighbors' concerns. Mr. Coons stated he does have timelines, and this project is one of many projects. Mr. Coons stated he met with Matt Boyd and the Cedar View Neighborhood. Mr. Coons stated if the council tables this item, he will not be able to attend next week's council meeting as he has to attend council meetings in Storm Lake and Fairview. Matt Boyd, 1422 Vine Street and President of the Highland Neighborhood Association, stated that only a few members of the neighborhood association were available to meet with Mr. Coons, and he just would like a chance to get the information to the neighborhood. Councilperson Gunderson asked what is the next step for the project if the council does not table it. Don Temeyer, Community Planning and Development Director, responded that they would have to bring the final plat to the Planning, Programming and Zoning Commission and City Council. They do not have to come before the council for zoning or the building permit. Mr. Temeyer stated that if the developers want a letter of support for tax credits they would have to bring that request before the council. Councilperson Schmitt stated he understands the neighbors' concerns, but this is another case where everything is in place. The land is properly zoned and has been zoned for that forever. Councilperson Schmitt stated there has always been a possibility that something like this would go in there. Councilperson Schmitt stated he does not know what more information we can give the neighborhood. Following comments a vote was taken on the above motion with the following result. Ayes: Four. Nays: Schmitt. Absent: Cole, Greenwood. Motion carried. NEW BUSINESS 120618 - Gunderson/Schmitt that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,934.00 for work performed by the Water Works at 1208 Washington Street, together with recommendation of approval of 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: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-709. 120619 - Gunderson/Schmitt that communication from City Planner transmitting Development Agreement with Wilbert Burial Vault Company to develop 25,000 sq. ft. of industrial buildings on a 3.01 acre site generally located along Highway 63, just north of Cyclone Drive, requiring a minimum taxable value of $600,000.00 with the city to reimburse Wilbert Burial Vault Company for the purchase of land, plus five percent interest through rebatement of taxes over a ten-year timeframe, be received, placed on file and "Resolution setting date of hearing as October 25, 2004 at 5:30 p.m. in the City Hall Council Chambers on above described Development Agreement", be adopted and City Clerk instructed to publish notice of same. Ayes: Five. Absent: Cole, Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-710. ORAL PRESENTATIONS 120620 - Scott Morley, 1036 Langley Road, stated he lives on the east side of a duplex. Mr. Morley requested that the mailboxes in front of the duplex be moved to the other side of the street or have the mailed delivered to the door. If cars, which may be from other houses or apartments, are parked by the mailboxes, then the mail person will not deliver the mail. This happens frequently and causes a great inconvenience. There are only five mailboxes on this side of the street. October 11, 2004 Page 8 Oral Presentations - continued All the rest are delivered to the doors of the apartment buildings. Mr. Morley stated he has discussed this with his landlords, Howard and Janet Van Note, and they are in agreement with him. Mr. Morley requested that two mailboxes in the front of the duplex either be moved to the other side of the street where there is no parking or have the mail delivered to the doors of each unit. Mayor Hurley asked Sandie Greco, Superintendent of Traffic, to investigate if there is anything in the Traffic Code regulating parking in front of mailboxes. Mayor Hurley asked Ms. Greco to meet with Mr. Morley at his home. Mr. Morley stated that Dubuque is in charge of regulating all the mailboxes in Waterloo and asked how can someone two hours away regulate where mailboxes can be located. Councilperson Welper stated he looked at Mr. Morley's situation and asked if neighbors would be interested in putting in clustered mailboxes. Mr. Morley responded that others don't have this problem, and he would just like the mailboxes moved across the street. Welper/Gunderson that the above oral comments be received and placed on file. Ayes: Five. Absent: Cole, Greenwood. Motion carried. ADJOURNMENT 120621 - Welper/Gunderson that the Council adjourn at 6:29 p.m. Ayes: Five. Absent: Cole, Greenwood. Motion carried. Nancy ELdkert, CMC City Clerk • •