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HomeMy WebLinkAboutMinutes-04/18/2005April 18, 2005 The Council of the City of Waterloo, Iowa, met in Regular Session -t City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, April 18, 2005. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Carol French -Johnson, Director of Waterloo Public Library. 121468 - Welper/Kincaid that the Agenda, as amended to delete Item 10, for the Regular Session on Monday, April 18, 2005, at 5:30 p.m., be accepted and appr•ved. Ayes: Seven. Motion carried. 121469 - Welper/Kincaid that the Minutes, 2005, at 5:30 p.m., Mayor Hurley read a Mayor Hurley read SaYes2Poetry Week. CONSENT AGENDA 121470 - Welper/Kincaid as proposed, for the Regular Session oMonday, April 11, be accepted and approved. Ayes: Seven. Motion carried. Proclamation declaring April 19, 2005 as equal Pay Day. a Proclamation declaring the week of April 17, 2005 as 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, pp. 1-81, dated April 18, 2005, in the amount of $4,841,558.76, a copy of which is o file in the City Clerk's office, together with recommendation of appr.val of the Finance Committee. Resolution adopted and upon approval by Mayor assigned 1o. 2005-308. 2. Communication from City Engineer transmitting request of Pat Kohls for a waiver for a concrete driveway to be located at 801 Belle Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned . 2005-309. b. Motion to approve the following: 1. Rhonda Weber, Police Investigator, to attend Advan'ed Chemical Latent Development School in Ames, Iowa on April 10-13, 2005, with costs not to exceed $918.00, including use of city vehicle. 2. Marlene Ackerman, Registrar, to attend Upper M dwest Conservation Association Workshop in Iowa Falls, Iowa on April 28- 9, 2005, with costs not to exceed $295.00. c. Beer License Permit Application Class B Lost Island Waterpark, Inc., 2225 E. Shaulis Road 6 months -5/01/05 10/31/05) (Includes Sunday Sales) Main Street Waterloo, Lincoln Park (6 months -5/01/05 - 11/01/05) Crazy Buffet, 3551 University Avenue (New) (Expires 4/15/.6) (Includes Sunday Sales) d. Beer License Permit Application Class C Cork's Grocery, 1956 Lafayette Street (Renewal) (Expire- 4/30/06) (Includes Sunday Sales) New Star Liquor, 1309 Lafayette Street (Renewal) (Expire • 5/31/06) (Includes Sunday Sales) April 18, 2005 Page 2 Consent Agenda continued e. Beer/Liquor License Class C Half Pint Saloon, (Includes Sunday Balkan Grill, 926 Sales) Paulie's Place, 814 LaPorte Road (Renewal) (Expires 5/14/06) (Includes Sunday Sales) Permit Application 1831 Independence Avenue (New Owner) (Expires 4/18/06) Sales) LaPorte Road (New) (Expires 4/22/06) (Includes Sunday f. Liquor License Permit Application Class E New Star Liquor, 1309 Lafayette Street (Renewal) (Expires 5/31/06) (Includes Sunday Sales) g• Wine License Permit Application Class B New Star Liquor, 1309 Lafayette Street (Renewal) (Expires 5/31/06) (Includes Sunday Sales) h. Outdoor Service Area Application Lost Island Waterpark, Inc., 2225 E. Shaulis Road Main Street Waterloo, Lincoln Park i. Bonds. Ayes: Seven. Motion carried. HEARINGS AND BIDS 121471 - Gunderson/Schmitt that proof of publication of as published in the Waterloo file. Ayes: Seven. Motion notice of public Courier on April carried. hearing on Purchase of End Loader, 8, 2005, be received and placed on 121472 - 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. 121473 - Gunderson/Schmitt that "Resolution authorizing purchase of end loader from State Bid through Murphy Tractor of Waterloo, Iowa in the amount of $109,250.00", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-310. 121474 - Clark/Gunderson that proof of publication of notice of public hearing on purchase of Class I Aircraft Rescue And Fire Fighting Vehicle for Waterloo Regional Airport, as published in the Waterloo Courier on March 28, 2005 and April 4, 2005, be received and placed on file. Ayes: Seven. Motion carried. 121475 - 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. 121476 - Clark/Gunderson that "Resolution confirming approval of specifications, form of in conjunction with purchase of Class I Aircraft Rescue And Vehicle for Waterloo Regional Airport", be adopted. Ayes: Seven. contract, etc. Fire Fighting Resolution adopted and upon approval by Mayor assigned No. 2005-311. April 18, 2005 Hearings and Bids continued 121477 - Clark/Schmitt Page 3 that "Resolution authorizing to proceed in conjunction with purchase of Class I Aircraft Rescue And Fire Fighting Vehicle for Waterloo R=gional Airport", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2 121478 - Clark/Schmitt to receive, file and instruct City Clerk to open and rea Airport Director for review. Bidder E -One, Ocala, Florida Oshkosh, Oshkosh, Wisconsin Ayes: Seven. Motion carried. 121479 - Clark/Gunderson Bid Bond 5% 5% Bid $655,695.00 $672,640.00 that proof of publication of notice of public hearing on Re Signage at Waterloo Regional Airport, as published in the March 28, 2005 and April 4, 2005, be received and placed on Motion carried. 121480 - This being the time and place of public hearing, the Mayo and oral objections and there were none. Welper/Kincaid that the hearing be closed. Ayes: Seven. Motion carried. 121481 - Clark/Gunderson that "Resolution confirming approval of specifications, fo in conjunction with Replacement of Airfield Signage a Airport", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2 121482 - Clark/Schmitt that "Resolution authorizing to proceed in conjunction Airfield Signage at Waterloo Regional Airport", be adopted. Resolution adopted and upon approval by Mayor assigned No. 2 121483 - Clark/Schmitt to receive, file and instruct City Clerk to open and rea Airport Director for review. Bidder Bid Bond K & W Electric, Waterloo, Iowa 5% $284,987.0 Ayes: Seven. Motion carried. 121484 - Clark/Gunderson Bid 05-312. bids and refer to lacement of Airfield Waterloo Courier on file. Ayes: Seven. called for written m of contract, etc. Waterloo Regional 05-313. with Replacement of Ayes: Seven. 05-314. bids and refer to that proof of publication of notice of public hearing on •eplacement of Hangar Roof and Door Seals at Waterloo Regional Airport, as publ'shed in the Waterloo Courier on April 8, 2005, be received and placed on file. yes: Seven. Motion carried. 121485 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Andy Miller, Service Roofing, reported he was the only con at the pre-bid meeting. Mr. Miller asked if the city recei the contract be awarded, or if the project has to be rebid, submitted tonight by Service Roofing not be shown contractors. ractor in attendance es only one bid will he asks that the bid to other potential April 18, 2005 Hearings and Bids continued Jim Walsh, City Attorney, responded if the city receives just one bid and it is acceptable, the city would not reject it. Page 4 Welper/Kincaid that the hearing be closed and oral comments be received and placed on file. Ayes: Seven. Motion carried. 121486 - Clark/Gunderson that "Resolution confirming approval of specifications, form of contract, etc. in conjunction with Replacement of Hangar Roof and Door Seals at Waterloo Regional Airport", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-315. 121487 - Clark/Schmitt that "Resolution authorizing to proceed in conjunction with Replacement of Hangar Roof and Door Seals at Waterloo Regional Airport", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-316. 121488 - Clark/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Airport Director for review. Bidder Bid Bond Bid Jim Giese Commercial, Dubuque, Iowa 5% $156,180.00 Service Roofing, Waterloo, Iowa 5% $138,242.00 Ayes: Seven. Motion carried. HEARINGS 121489 - Schmitt/Clark that proof of publication of notice of public hearing on site plan amendment to the "M -2,P" Planned Industrial District for a portion of Lot 12, MidPort America Plat No. 2 for the purpose of constructing a 16,625 square foot industrial building generally located off Airline Highway, east of the railroad crossover, as published in the Waterloo Courier on April 8, 2005, be received and placed on file. Ayes: Seven. Motion carried. 121490 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/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. 121491 - Schmitt/Gunderson that "Resolution approving said site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-317. 121492 - Welper/Greenwood that proof of publication of notice of public hearing on vacation of the northerly 25 feet of a 60 foot easement generally located along Lot 12, MidPort America Plat No. 2 to allow for development of the site, as published in the Waterloo Courier on April 8, 2005, be received and placed on file. Ayes: Seven. Motion carried. • • April 18, 2005 Hearings continued • 121493 - This being the time and place of public hearing, the Mayo and oral objections and there were none. Welper/Kincaid that the hearing be closed and recommendation of approv Programming and Zoning Commission be received and placed on Motion carried. 121494 - Welper/Kincaid that "an Ordinance vacating the northerly 25 feet of generally located along Lot 12, MidPort America Plat N development of the site", be received, placed on file, consi the first time. Ayes: Seven. Motion carried. 121495 - Welper/Kincaid that rules requiring ordinances to be considered and voted prior meetings be suspended. Ayes: Seven. Motion carried. 121496 - Welper/Clark Page 5 called for written 1 of the Planning, ile. Ayes: Seven. 60 foot easement . 2 to allow for ered and passed for for passage at two that "an Ordinance vacating the northerly 25 feet of - 60 foot easement generally located along Lot 12, MidPort America Plat o. 2 to allow for development of the site", be considered and passed for tie second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 20 121497 - Greenwood/Gunderson that proof of publication of notice of public hearing on Frame Builders to rezone from "R-2" One and Two Family Resi 4" Multiple Family Resident District property generally loc• Broadway and Virginia Streets for the purpose of constru housing complex unit (4 unit condo), as published in the April 8, 2005, be received and placed on file. Ayes: Seven 121498 - This being the time and place of public hearing, the Mayo and oral objections. City Clerk Nancy Eckert reported that a petition opposing received containing 14 signatures. Jim Blackledge reported the applicant is going to constr with garages on this parcel. Mr. Blackledge stated this served by city utilities. These will be stick built, wit facade across the front. Mr. Blackledge stated these unit single family homes. Mr. Blackledge stated he met with t morning and discussed how to do the driveways, and construction in 45 to 60 days. Councilperson Clark asked how long the construction materia site. Lou Cutwright, Building Official/Maintenance Admini- a permit is not issued for the site, the material will Councilperson Clark asked if the time starts tonight. Mr. the preliminary site plan has been issued and the final pla and as soon as the site plan is turned in a perm Councilperson Clark asked what timeline do they have befo the material, as they are in violation of the code and r move the material he would like to have a date for them t Mr. Cutwright responded that 60 days should be enough t commented that he believes 60 days would be feasible as i move forward with the project and they hope to take advanta, Mr. Blackledge stated that his daughter, Misti Kay Flores, property, and she, her husband and his son are partners. T conditions has been faxed to Ms. Flores for her signature. 5-4766. equest of Iowa Post ence District to "R - ted at the corner of ting a new multiple Waterloo Courier on Motion carried. called for written he rezoning has been ct four unit condos property is totally basement and brick will be marketed as e City Engineer this e expects to start 0 Greenwood/Gunderson can be left on the trator, responded if have to be removed. utwright stated that s are being prepared t will be issued. e they have to move ther than make them start construction. me. Mr. Blackledge is their intent to e of other programs. is the owner of the e agreement with the that the hearing be closed and recommendation of appro al of the Planning, Programming and Zoning Commission and oral and written com ents be received and placed on file. Ayes: Seven. Motion carried. April 18, 2005 Hearings continued 121499 - Greenwood/Gunderson Page 6 that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 371 to Section 2A-5, Rezoning Certain Property", 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 noted that based on 76 percent opposition of owners within 250' of the property approval of the request requires a supermajority vote of the council. Councilperson Clark stated that the site plan has changed since the plan was first submitted. The site plan has been amended to include four units with an eight stall detached garage, so the neighbors may not be as opposed and the council should weigh their vote on that. Councilperson Schmitt asked if the site plan should not be approved until the city receives a signed copy of the conditions. Don Temeyer, Community Planning and Development Director responded the city should receive the signed copy within a few days and no permits will be issued until it is received. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 121500 - Greenwood/Gunderson that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 121501 - Greenwood/Gunderson that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 371 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Clark stated there is a lot of construction equipment within a few feet of the neighbors, and he encourages Mr. Blackledge to start the project posthaste or the city will ask him to move it. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 2005-4767. UNFINISHED BUSINESS 121502 - Kincaid/Welper that communication from Leisure Services Director transmitting recommendation of award of contract for Option E in the amount of $41.75 per acre to Professional Lawn Care, L.L.C. of Waterloo, Iowa; Option A in the amount of $35.95 per acre, Option D in the amount of $22.00 per acre and Option F in the amount of $42.00 per hour to B & B Lawn Care, Inc. of Waterloo, Iowa, in conjunction with 2005 Right -of -Way Mowing Contract be received, placed on file and "Resolution approving said award of contracts", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-318. PETITIONS FROM PUBLIC 121503 - Cole/Schmitt that communication from Senior Planner transmitting request of Mike Meyer for a site plan amendment to the "R -3,R -P" Planned Residence District property generally located at the corner of Southland Drive and Sergeant Road for the purpose of constructing a new 6,000 sq. ft. professional office building for government use, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 9, 2005 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: Seven. Resolution adopted upon approval by Mayor assi No. 2005-319. April 18, 2005 • • Petitions from Public continued 121504 - Cole/Schmitt that communication from Senior Planner transmitting request for a site plan amendment to the "R -3,R -P" Planned Residen generally located near the northwest corner of West 4th S Avenue for development of 18 two-family condo uni recommendation of approval of the Planning, Programming an• be received, placed on file and "Resolution setting date o 2005 at 5:30 p.m. in the City Hall Council Chambers on above be adopted and City Clerk instructed to publish notice of sa Resolution adopted and upon approval by Mayor assigned No. 2 121505 - Cole/Schmitt that communication from City Planner transmitting Entertainment Corporation for a site plan amendment to the Commercial District for redevelopment and expansion of Page 7 .f Blake Development e District property reet and Ansborough s, together with Zoning Commission, hearing as May 9, described request", e. Ayes: Seven. 05-320. equest of Cinema S-1" Shopping Center existing Cinema 12 Theaters, together with recommendation of approval of the •lanning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 9, 2005 at 5:30 p.m. in the City Hall Council Chambers on above described request", be adopted and City Clerk instruc•ed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 205-321. DOCUMENTS 121506 - Schmitt/Kincaid that communication from Assistant City Engineer transmittir for Storm Sewer Extension for Ekho Ridge Condominiums, a Claassen Engineering and Surveying, Inc. of Waterloo, Iowa, on file and "Resolution approving said plans", be adopted. Resolution adopted and upon approval by Mayor assigned No. 2 121507 - Schmitt/Kincaid that communication from Leisure Services Director transmit and Certificates from Professional Lawn Care, L.L.C. of Option E, and Contracts, Bonds and Certificates of Insuranc Inc. of Waterloo, Iowa for Options A, D, and F in conjunc of -Way Mowing Contract, be received, placed on file and said documents", be adopted and Mayor and City Clerk author Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 121508 - Schmitt/Kincaid that communication from City Clerk transmitting proposal f Services at a cost of $7,500.00, plus travel costs, t services to perform an assessment of the city's health pla expected total costs for the fiscal year beginning July placed on file and "Resolution approving said proposal", authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 121509 - Schmitt/Kincaid that communication from Community Planning & Development settlement of loan from Max Guernsey Estate in the amou maximum guarantee, for a loan made to Auto Tech, Inc in th with a current principal balance of $36,472.18, be receive "Resolution approving said settlement of loan", be adopted. Prior to a vote on the above motion, the following comments Don Temeyer, Community Planning and Development Director maximum guarantee we can get from the Guernsey estate, an of Economic Development has approved a similar settlement. Mayor Hurley stated the city is taking a $10,000.00 hit, cost more to chase it down and the possibility of getti small. g Construction Plans submitted by Wayne be received, placed yes: Seven. 05-322. ing Contracts, Bonds Waterloo, Iowa for from B&B Lawn Care, ion with 2005 Right - 'Resolution approving zed to execute same. 005-323. om Gallagher Benefit • provide consulting to assess projected , 2006, be received, be adopted and Mayor 005-324. Director transmitting t of $26,962.75, the amount of $50,00.00, •, placed on file and were heard. stated this is the the Iowa Department •ut it probably would g the full amount is April 18, 2005 Documents continued Mr. Temeyer stated it is better to take $26,000.00 cash settlement rather than spend more money for something we won't get. Councilperson Gunderson asked if we go to court for the full amount could Guernsey estate pull away from their amount. Jim Walsh, City Attorney, stated this settlement gives him the right to go after other parties so the city can't go after the other parties. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Page 8 Resolution adopted and upon approval by Mayor assigned No. 2005-325. 121510 - Schmitt/Kincaid that communication from Airport Director transmitting 6 -month lease agreement with MOBILEMONEY, Inc. to provide ATM machine at the Waterloo Airport at a cost of $150.00 per month, with the Airport to receive $1.00 per month per transaction, 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. Councilperson Greenwood asked are the local banks not interested because there are not enough transactions. Brad Hagen, Airport Director, responded the number of transactions at the airport are not close to what a bank would require and local banks were asked if they would provide an ATM machine. Mr. Hagen stated that the Airport even offered advertisement. Councilperson Greenwood asked if the parking facility at the airport allows use of a credit card for payment of parking fees. Mr. Hagen responded that the airport has looked into use of credit cards, and the Airport Board felt it would be a nice service, but the cost outweighs the service provided. 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. 2005-326. 121511 - Schmitt/Kincaid that communication from Community Planning and Development Director transmitting Supplemental Agreement No. 1 to the Professional Services Agreement with Earth Tech, Inc. of Waterloo, Iowa in conjunction with U.S. 63 Corridor Study, 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. 2005-327. RESOLUTIONS TO BE ADOPTED 121512 - Greenwood/Gunderson that "Resolution dedicating easement generally located on a vacated portion of right-of-way located on Logan Avenue at the Mullan Avenue intersection for utility purposes", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-328. ORDINANCES TO BE ADOPTED 121513 - Kincaid/Cole that "an Ordinance amending the 2003 Traffic Code by adding Subsection (2a) Dane Street to Section 559, 10 Minute Parking (installing 10 minute parking limit in front of 521-523 Dane Street)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 121514 - Kincaid/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. • April 18, 2005 • • Ordinances to be Adopted continued 121515 - Kincaid/Cole Page 9 that "an Ordinance amending the 2003 Traffic Code by adding Subsection (2a) Dane Street to Section 559, 10 Minute Parking (installing 10 minute parking limit in front of 521-523 Dane Street)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 47 NEW BUSINESS 121516 - Clark/Greenwood that communication from Senior Planner transmitting request of right-of-way generally located at the southwest corner U.S. Highway 63, together with recommendation of app Programming and Zoning Commission, be received, placed on setting date of hearing as May 2, 2005 at 5:30 p.m. in tt Chambers on above described request", be adopted and City publish notice of same. Ayes: Seven. to vacate a portion of Heath Street and oval of Planning, ile and "Resolution e City Hall Council Clerk instructed to Resolution adopted and upon approval by Mayor assigned No. 2105-329. 121517 - Clark/Greenwood that communication from Senior Planner transmitting req easterly 101' x 25' portion of property generally located and the alley abutting property to the east and rescinding i its entirety, be received, placed on file and "Resolut hearing as May 2, 2005 at 5:30 p.m. in the City Hall Counc described request", be adopted and City Clerk instructed same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2 ADJOURNMENT 121518 - Welper/Gunderson that the Council adjourn at 6:24 p.m. Ayes: Seven. Motion `''t\ml'At4.2r. Tek_c.* Nancy Eckert, CMC City Clerk est to vacate the within Regal Avenue rdinance No. 4369 in on setting date of 1 Chambers on above o publish notice of 05-330. carried.