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HomeMy WebLinkAboutMinutes-03/19/2007March 19, 2007 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 19, 2007. Mayor Pro Tem Reggie Schmitt in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Cole, Schmitt. Moment of Silence. Pledge of Allegiance: Sheryl Groskurth, Library Director. 125041 Kincaid/Welper that the Agenda, as proposed, for the Regular Session on Monday, March 19, 2007, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 125042 - Kincaid/Welper that the Minutes, as proposed, for the Regular Session on Monday, March 12, 2007, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mike Massina of MidAmerican Energy presented a check in the amount of $20,000.00 for its Trees Please! Program. Mayor Pro Tem Schmitt read a Proclamation declaring March 18-24, 2007 as National Surveyors Week. CONSENT AGENDA 125043 - Kincaid/Greenwood 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. 1-68, dated March 19, 2007, in the amount of $2,098,772.62, 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 Pro Tem assigned No. 2007- 178. 2. Communication from Police Chief transmitting request of Cedar Valley Irish Cultural Association to hold Iowa Irish Fest on August 3-5, 2007 in Lincoln Park, including music, Irish dance demonstrations, and arts, crafts, etc.. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007- 179. 3. Communication from Police Chief transmitting request of Easter Seals Camp Sunnyside to hold Pony Express Ride within Black Hawk County on April 6, 2007, along Lafayette Road from the city limits of Evansdale/Waterloo to 6th Street near the Black Hawk County Courthouse, right one block to Mulberry Street, then left proceeding to front of City Hall. Resolution adopted and upon approval by Mayor Pro. Tem assigned No. 2007- 180. 4. Communication from Police Chief transmitting request of Waterloo Jaycees to hold Waterloo Jaycees Fireworks Festival on July 7, 2007 from 4:00 p.m. to midnight, including live bands, food and beverage vendors, beer gardens and fireworks, using Veterans Memorial Hall Park, 4th Street Bridge, Soldiers and Sailors Park, lot along 4th Street near the Courier building and the Sixth Street Bridge. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007- 181. March 19, 2007 Page 2 Consent Agenda continued 5. Communication from City Clerk transmitting request of Tom Schilke for an exception to burning yard waste to burn approximately % acre of prairie grass located next to the Hoover Middle School observatory south of the football field and approximately % acre of prairie grass located at Kittrell Elementary School southeast of the school in April through May 2007, together with recommendation of approval of Fire Chief. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007- 182. 6. Communication from City Clerk transmitting request of Cedar Valley Irish Cultural Association for a variance to the Noise Ordinance on August 3, 2007 from 4:00 p.m. to Midnight, August 4, 2007 from 10:00 a.m. to Midnight and August 5, 2007 from 10:00 a.m. to 4:00 p.m. in conjunction with Iowa Irish Fest to be held in Lincoln Park, including musical and dance acts, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007- 183. 7. Communication from City Clerk transmitting renewal of Adopt -A -Highway application with Iowa Department of Transportation to allow the Cedar Valley Lions Club to pick up trash within State Right -of -Way from the Highway 20/U.S. 63 overpass south two miles from January 1, 2007 through January 1, 2009. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007- 184. b. Motion to approve the following: 1. Communication from Leisure Services Director transmitting recommendation of appointment of Steve Bearbower to the position of Downtown Area Maintenance Foreman, with a tentative effective date of April 2, 2007. 2. Communication from City Clerk transmitting recommendation of appointment of Marc Cashman to the position of Cable Television Production Assistant, effective April 2, 2007. 3. Matt McGeough and Bradley Walter, Police Officers, to attend Field Training Officer Certification Course in West Des Moines, Iowa on March 26-30, 2007, with costs not to exceed $1,415.00, including use of city vehicle. 4. Dave Boesen, Fire Marshall, to attend Arson K-9 Recertification in Westminster, Colorado on June 11-15, 2007, with costs not to exceed $974.50, including use of city vehicle. 5. Fire Department Instructor to teach 8 hour Recertification Class for Advanced Transformers in Boscobel, Wisconsin on March 12-13, 2007, with costs not to exceed $215.00. 6. Ann Meyer, Police Lieutenant, to attend Law Enforcement Officers Killed and Assaulted Training in Omaha, Nebraska on March 21-22, 2007, with costs not to exceed $210.00, including use of city vehicle. 7. Kevin Boyland, Police Officer, to attend Photoshop CS2 Introduction Course in Cedar Falls, Iowa on March 19-28, 2007, with costs not to exceed $134.00, including use of city vehicle. 8. Fire Department Instructor to teach Operations Level Class in Calmar, Iowa on March 31 and April 1, 2007, with costs not to exceed $152.00. 9. David Meeks, Executive Director of Human Rights, to attend A First Freedom Project Seminar in Kansas City, Missouri on March 28-29, 2007, with costs not to exceed $210.00, including use of city vehicle. 10.Tim Hurley, Mayor, to speak at Senate Committee hearing in Des Moines, Iowa on March 12-13, 2007, with costs not to exceed $185.00. • • • • March 19, 2007 Page 3 Consent Agenda continued c. Liquor License Permit Application Class E Hometown Foods, 1010 East Mitchell Avenue (Renewal) (Expires 3/9/08) (Includes Sunday Sales) d. Wine License Permit Application Class B Hometown Foods, 1010 East Mitchell Avenue (Renewal) (Expires 3/9/08) (Includes Sunday Sales) e. Beer License Permit Application Class C Hometown Foods, 1010 East Mitchell Avenue (Renewal) (Expires 3/9/08) (Includes Sunday Sales) Cork's Grocery, 1956 Lafayette Street (Renewal) (Expires 4/30/08) (Includes Sunday Sales) f. Beer/Liquor License Permit Application Class C Legends, 3122 Kimball Avenue (Renewal) (Expires 3/27/08) (Includes Sunday Sales) Babes Tap, 210 Division Street (Renewal) (Expires 3/14/08) (Includes Sunday Sales) J's R&B Lounge, 501 Independence Avenue (Renewal) (Expires 4/6/08) (Includes Sunday Sales) Ayes: Seven. Motion carried. Christa Miehe, Event Director for the Cedar Valley Irish Cultural Association, Inc., stated they appreciate the city's help, and that a meeting was held with city staff to review their request. Ms. Miehe stated they hope this event will bring 15,000 visitors to the downtown, and they hope to make this an annual event. The Iowa Irish Fest will be held in Lincoln Park on August 3-5, 2007. HEARINGS 125044 - Getty/Welper that proof of publication of notice of public hearing on request of Dr. Robert Ebert to vacate, sell and convey for $1.00 an 8' x 44' strip of right-of-way generally located adjacent to 1445-1449 Ansborough Avenue, as published in the Waterloo Courier on March 9, 2007, be received and placed on file. Ayes: Seven. Motion carried. 125045 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Getty/Welper that the hearing be closed and recommendation of approval of Planning, Programming & Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 125046 - Getty/Welper that "an Ordinance amending an 8' x 44' strip of right-of-way generally located adjacent to 1445-1449 Ansborough Avenue", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 125047 - Getty/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 125048 - Getty/Welper that "an Ordinance amending an 8' x 44' strip of right-of-way generally located adjacent to 1445-1449 Ansborough Avenue", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4861. March 19, 2007 Page 4 Hearings continued 125049 - Getty/Welper 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 Pro Tem assigned No. 2007-185. PETITIONS FROM PUBLIC 125050 - Gunderson/Kincaid that communication from Senior Planner transmitting request of Islamic Foundation of Iowa for a site plan amendment in the "M -2,P" Planned Industrial District generally located west of 2010 West Ridgeway Avenue to construct a 106' x 160' Islamic Community Center and 137 stall parking lot, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as April 2, 2007, 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: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-186. 125051 - Gunderson/Kincaid that communication from City Planner transmitting request of Rebecca Jo Cain to sell and convey for $4,500.00 a 102 x 315 square foot lot generally located at 642 West Donald Street, be received, placed on file and "Resolution setting date of hearing as April 9, 2007, 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: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-187. 125052 - Gunderson/Kincaid that communication from City Planner transmitting request of Arvin and Dawn Ferch to sell and convey for $882.00 city -owned property generally located in the 600 block of West Donald Street, be received, placed on file and "Resolution setting date of hearing as April 9, 2007, 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: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-188. DOCUMENTS 125053 Cole/Greenwood that communication from Community Development Director transmitting agreement with U.S. Department of Housing and Urban Development for grant in the amount of $396,000.00, with no required local match, for acquisition and rehabilitation of Cedar Valley Techworks facility to house offices, laboratory and training space, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-189. 125054 - Cole/Greenwood that communication from Associate Engineer transmitting contract modification with Iowa Department of Transportation for a total decrease of $46,911.69 in conjunction with F.Y. 2006 U.S. Highway 20/Ansborough Avenue Interchange, Contract No. 667, be received, placed on file and "Resolution approving said contract", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-190. March 19, 2007 Page 5 Documents continued 125055 - Cole/Greenwood that communication from Chief Financial Officer transmitting agreement with Berens -Tate Consulting Group to perform arbitrage rebate calculations for General Obligation Bonds Series 2002A and General Obligation Bonds Series 2003A at a cost of $3,000.00 each and Sewer Revenue Refunding Bonds Series 2004A at a cost of $4,000.00, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-191. 125056 - Cole/Greenwood that communication from Building Official/Maintenance Administrator transmitting Frequency Reconfiguration Agreement with Nextel West Corp. adjusting the 800 MHz frequencies used by the city's various radio communications, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-192. ORDINANCES TO BE ADOPTED 125057 - Welper/Kincaid that "an Ordinance amending the 2003 Traffic Code by adding Subsection (202a) Kent Circle to Section 551, Parking Prohibited At All Times On Certain Streets (prohibiting parking on the north and south sides of Kent Circle)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 125058 - Welper/Kincaid that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 125059 - Welper/Kincaid that "an Ordinance amending the 2003 Traffic Code by adding Subsection (202a) Kent Circle to Section 551, Parking Prohibited At All Times On Certain Streets (prohibiting parking on the north and south sides of Kent Circle)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4862. ORAL PRESENTATIONS 125060 - Michael Douglas, a resident of Highland Park, reported that last night someone broke into his garage. In the last six months, his truck has been stolen twice. A guy was sent to ten years in prison as he was caught because of the On Star in his truck. Last night, between 3:30 a.m. and 4:00 a.m., his neighbor saw a flash light in his garage. Mr. Douglas thanked the police officers, who were very courteous, kind and affective. The police officers caught the guy, the dog nipped the guy in the seat of his pants. Mr. Douglas stated the police officers did an excellent job last night, and they deserve a round of applause and a pat on the back. Mr. Douglas reminded Lou Cutwright, Building Official/Maintenance Administrator, that he is waiting for those inspection papers. Getty/Kincaid that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 125061 - Getty/Greenwood that the council adjourn to Executive Session at 5:53 p.m. Ayes: Seven. Motion carried. City Attorney Jim Walsh stated that discussion of potential litigation is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1) (c) (2007) . March 19, 2007 Page 6 EXECUTIVE SESSION 125062 - Cole/Kincaid that the council adjourn Executive Session at 6:02 carried. 125063 - Getty/Cole p.m. Ayes: Seven. Motion that recommendation from attorney regarding settlement of potential litigation with Ruth Fleming be approved and attorney authorized to proceed with settlement agreement. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2007-193. ADJOURNMENT 125064 - Gunderson/Cole that the Council adjourn at 6:03 p.m. Ayes: Seven. Motion carried. Nancy Ert, CMC City Clerk