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HomeMy WebLinkAboutMinutes-06/15/2009• • June 15, 2009 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 15, 2009. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Hart, Greenwood, Welper, Reggie Schmitt. Absent: Steve Schmitt. Moment of Silence. Pledge of Allegiance: Bob Greenwood, Council Member At Large. 129239 - Reggie Schmitt/Welper that the Agenda, as proposed, for the Regular Session on Monday, June 15, 2009, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Steve Schmitt. Motion carried. 129240 - Reggie Schmitt/Welper that the Minutes, as proposed, for the Regular Session on Monday, June 8, 2009, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Steve Schmitt. Motion carried. Mayor Hurley read a Proclamation declaring June 19, 2009 as Juneteenth Day. CONSENT AGENDA 129241 - Reggie Schmitt/Welper 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 AP642, pp. 1-105, dated June 15, 2009, in the amount of $1,491,646.78, 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. 2009-554. 2. Communication from Police Chief transmitting request of Jim Day to hold Juneteenth event on June 20, 2009 and to close Adams Street from East 4th to Linn Streets, variance to the Noise Ordinance from 9:00 a.m. to 9:00 p.m., additional signage and extra attention by Police Department. Resolution adopted and upon approval by Mayor assigned No. 2009-555. 3. Communication from Police Chief transmitting request of Ivan Wieland II, President of Screaming Eagle American Bar and Grill, to change the outdoor service area to include direct access from his front door, and additional parking area to use the city parking lot adjacent to the Levi Brothers consisting of approximately 15 additional parking spots during the Screaming Eagle's Bike Night Promotion every Thursday evening from 5:30 p.m. to 10:00 p.m. starting May 7, 2009 and ending October 1, 2009. Resolution adopted and upon approval by Mayor assigned No. 2009-556. 4. Communication from City Clerk transmitting request of Gates Park Optimist Club for a variance to the Noise Ordinance on June 20, 2009 form 11:00 a.m. to 4:00 p.m. in conjunction with annual picnic at the Shelter by the Gates Park Swimming Pool, including a band, together with recommendation of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2009-557. b. Motion to approve the following: 1. Communication from Mayor Hurley transmitting recommendation of appointment of Dawn Breckenridge to the Waterloo Metropolitan Transit Authority Board, with term expiration date of July 1, 2011. c. Beer/Wine License Permit Application Special Class C Friends of the Art Center, 225 Commercial Street (Renewal) (Expires 6/21/10) (Includes Sunday Sales) June 15, 2009 Page 2 Consent Agenda continued d. Beer/Liquor License Permit Application Class C Park Road Inn, 306 Park Road (Renewal) (Expires 6/30/10) (Includes Sunday Sales) The Last Level, 118 E. 11th Street (Renewal) (Expires 6/19/10) (Includes Sunday Sales) e. Outdoor Service Area Application Friends of the Art Center, 225 Commercial Street Packers Inn, 201 Rath Street f. Fireworks Display Application Waterloo Jaycees on July 4, 2009 off the 6th Street Bridge g. Bonds. Ayes: Six. Absent: Steve Schmitt. Motion carried. HEARINGS & BIDS 129242 - Greenwood/Welper that proof of publication of notice of public hearing on Rehabilitation of Ground Power Unit at Waterloo Regional Airport, as published in the Waterloo Courier on June 2, 2009, be received and placed on file. Ayes: Six. Absent: Steve Schmitt. Motion carried. 129243 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Welper that the hearing be closed. Ayes: Six. Absent: Steve Schmitt. Motion carried. 129244 - Greenwood/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Rehabilitation of Ground Power Unit at Waterloo Regional Airport", be adopted. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-558. 129245 - Greenwood/Welper that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-559. 129246 - Greenwood/Welper to receive, file and instruct City Clerk to open and read bids and refer to Airport Director for review: Bidder Bid Bond Bid Amount K&W Electric, Cedar Falls, IA 5% $72,550.00 Ayes: Six. Absent: Steve Schmitt. Motion carried. HEARINGS 129247 - Greenwood/Reggie Schmitt that proof of publication of notice of public hearing on F.Y. 2009 U.S. 63/U S. 218 Interchange Area, Contract No. 757, as published in the Waterloo Courier on May 27, 2009, be received and placed on file. Ayes: Six. Absent: Steve Schmitt. Motion carried. • • • 1 June 15, 2009 Page 3 Hearings continued 129248 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Reggie Schmitt that the hearing be closed. Ayes: Six. Absent: Steve Schmitt. Motion carried. 129249 - Getty/Reggie Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2009 U.S. 63/U.S. 218 Interchange Area, Contract No. 757", be adopted. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-560. 129250 - Getty/Reggie Schmitt that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-561. 129251 - Getty/Reggie Schmitt that proof of publication of notice of public hearing on F.Y. 2009 West Shaulis Road, Contract No. 759, as published in the Waterloo Courier on May 27, 2009, be received and placed on file. Ayes: Six. Absent: Steve Schmitt. Motion carried. 129252 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Reggie Schmitt that the hearing be closed. Ayes: Six. Absent: Steve Schmitt. Motion carried. 129253 - Getty/Reggie Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y 2009 West Shaulis Road, Contract No. 759", be adopted. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-562. 129254 - Getty/Reggie Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2009 West Shaulis Road, Contract No. 759, be adopted. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-563. PETITIONS FROM PUBLIC 129255 - Welper/Greenwood that communication from City Planner transmitting request of Larry Youngblut, 4250 Harbin Drive, to appeal the Driveway Policy to allow for a 2nd curb -cut to serve a proposed 24' x 24' detached garage along the north side of the house, together with recommendation of approval of Planning, Programming and Zoning Commission and recommendation of approval of the Engineering Department subject to construction of a single lane driveway access that is no more than 10' wide at the sidewalk and no more than 16' wide at the flare at the back of curb on Harbin 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. June 15, 2009 Page 4 Petitions from Public continued Larry Youngblut, the petitioner, asked that they be allowed to change the garage size from 24 x 24 to 28 x 26. They are asking for a single lane drive with access that is no more than 16 foot wide at the sidewalk and no more than 22 foot with the flare. Mr. Youngblut stated when they visited with the Engineering Department, they recommended approval but they were concerned about the distance. When they went to the Planning & Zoning Commission they recommended approval without the restriction of the width. Mayor Hurley asked Noel Anderson if the petition can be amended for a larger garage or does it need to go back to Planning and Zoning Commission. Noel Anderson, Community Planning and Development Director, responded the size of the garage is dictated by the Zoning Ordinance. Mr. Anderson stated he feels the 26 x 28 garage would still fit the requirements of the Zoning Ordinance so he could do that but council still needs to make the decision on the curb cut. Mr. Anderson stated that Section 33.10 of the Waterloo Code of Ordinances governs what the Engineering Department uses for policy and any appealed decisions of the City Engineer goes to the Planning Commission and then to the City Council for a final decision. Mr. Youngblut is appealing the ability to have a second curb cut. The City Engineer recommended that the second curb cut could be allowed if it was limited to the 10 foot wide width. The Planning Commission recommended that the second curb cut be allowed without the stipulation that it only be 10 foot wide, that it could actually be a double drive. Mr. Anderson stated there was quite a bit of discussion at the Planning and Zoning Commission meeting with the petitioner's garage builder and the ability to have a double drive. Eric Thorson, City Engineer, stated the Engineering Department recommended the single driveway because typically in these situations where they are getting a second driveway as a variance to the ordinance we just do a single drive so it helps minimize the amount of traffic. These are secondary garages usually used for storage and that sort of thing, so it has been the Engineering Department's recommendation on these types of situations that we just give a single approach. They can widen the driveway out after they cross the sidewalk to a wider width on private property. Councilperson Hart asked if it was the Engineering Department or Planning and Zoning Commission's recommendation to put the no more than 10 foot wide at the sidewalk. Mayor Hurley responded that the Engineering Department's staff put on the restriction. Mr. Youngblut stated that the Planning & Zoning Commission actually made the recommendation to remove that restriction and out of seven members, six to one favored it. Councilperson Welper stated that generally we don't do a second driveway, and now we are changing in the middle of the stream what the width is going to be, and he is uncomfortable with doing that. Welper/Greenwood that the above item be tabled indefinitely. Ayes: Six. Absent: Steve Schmitt. Motion carried. DOCUMENTS 129256 - Cole/Reggie Schmitt that communication from Community Planning & Development Director transmitting a lease agreement with Rousselow Brother Farms, Inc. for $3,410.00 to farm approximately 31 acres of land generally located to the north of West Ridgeway Avenue, west of Martin Road, directly adjacent to Denso International, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-564. • • • 1 June 15, 2009 Page 5 Documents continued 129257 - Cole/Reggie Schmitt that communication from Associate Engineer transmitting agreement with Kirkham Michael & Associates, Inc. at a maximum cost of $100,000.00 for construction related services in conjunction with F.Y. 2009 West Shaulis Road, Contract No. 759, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-565. 129258 - Cole/Reggie Schmitt that communication from Superintendent of Waste Management Services transmitting engineering agreement with AECOM, at an estimated cost of $148,000.00 for review of various aspects of the Wastewater Pollution Control System, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-566. 129259 - Cole/Reggie Schmitt that communication from City Planner transmitting agreement with Howard R. Green Company at a maximum fee of $10,000.00 to write application for Efficiency & Conservation Block Grants Program, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-567. 129260 - Greenwood/Welper that communication from City Planner transmitting application with the Department of Energy for Energy Efficiency & Conservation Block Grants Program funding in the amount of $665,330.00, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-568. 129261 - Greenwood/Welper that communication from Fire Chief transmitting contract at a cost of $52,031.80 with C & J Construction of Cedar Falls, Iowa in conjunction with Haz-Mat Fire Training Center 8" Water Main Extension, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-569. 129262 - Greenwood/Welper that communication from Superintendent of Traffic Operations transmitting completion of project and final acceptance of work performed by KWS Electric at a total cost of $300,285.00 in conjunction with Traffic Signal Improvements, Contract No. 732, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-570. RESOLUTIONS TO BE ADOPTED 129263 - Greenwood/Welper that "Resolution naming the city's new dog park as The Pat Bowlsby Off Leash Dog Park", be adopted. Ayes: Six. Absent: Steve Schmitt. Resolution adopted and upon approval by Mayor assigned No. 2009-571. June 15, 2009 Page 6 ORDINANCES TO BE ADOPTED 129264 - Greenwood/Welper that "an Ordinance amending the 2007 Waterloo Code of Ordinances by repealing Section 4-3-4, Disposal Services Provided; Exceptions; Subsection (H), Removal of Accumulation By Private Collectors, of Section 4-3-5, Collection Rules and Regulations; and Section 4-3-7, Prohibited Acts and Conditions; of Chapter 3, Solid Waste Collection and Disposal; repealing Section 4-4-1, Definitions of Business Establishment; of Chapter 4, Litter Control, of Title 4, Public Health & Safety; and enacting in lieu there of a new Section 4-3-4, Disposal Services Provided; Exceptions; a new Subsection (H), Securing Accumulations; of Section 4-3-5, Collection Rules and Regulations; a new Section 4-3-7, Prohibited Acts and Conditions; a new Section 4-3-10, Notice Regarding Nuisance; a new Section 4-3-11, Payment, Assessment of Costs; Appeal; of Chapter 3, Solid Waste Collection and Disposal; a new Section 4-4-1, Definitions of Business Establishment, of Chapter 4, Litter Control, of Title 4, Public Health & Safety (exception for requirement of private hauler, overflow of cans, adding code enforcement, payment and assessment of costs)", 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 the council received a faxed letter provided by the City Clerk from Cheryl Christiansen. Ms. Christensen objects to this ordinance change because of the higher burden it would put on rate payers, the depression, the high gas prices, loss of jobs, etc. Councilperson Reggie Schmitt stated this does not change the rate payers. There is no change in rates. This is for violations for overflow. Scott Ambrose stated they are going to be selling their house, and he asked how long can you keep a dumpster. Councilperson Reggie Schmitt responded this ordinance does not apply to that type of dumpster. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Hart. Absent: Steve Schmitt. Motion carried. 129265 - Reggie Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Steve Schmitt. Motion carried. 129266 - Reggie Schmitt/Welper that "an Ordinance amending the 2007 Waterloo Code of Ordinances by repealing Section 4-3-4, Disposal Services Provided; Exceptions; Subsection (H), Removal of Accumulation By Private Collectors, of Section 4-3-5, Collection Rules and Regulations; and Section 4-3-7, Prohibited Acts and Conditions; of Chapter 3, Solid Waste Collection and Disposal; repealing Section 4-4-1, Definitions of Business Establishment; of Chapter 4, Litter Control, of Title 4, Public Health & Safety; and enacting in lieu there of a new Section 4-3-4, Disposal Services Provided; Exceptions; a new Subsection (H), Securing Accumulations; of Section 4-3-5, Collection Rules and Regulations; a new Section 4-3-7, Prohibited Acts and Conditions; a new Section 4-3-10, Notice Regarding Nuisance; a new Section 4-3-11, Payment, Assessment of Costs; Appeal; of Chapter 3, Solid Waste Collection and Disposal; a new Section 4-4-1, Definitions of Business Establishment, of Chapter 4, Litter Control, of Title 4, Public Health & Safety (exception for requirement of private hauler, overflow of cans, adding code enforcement, payment and assessment of costs)", be considered and passed for the second and third times and adopted. Ayes: Five. Nays: Hart. Absent: Steve Schmitt. Ordinance adopted and upon approval by Mayor assigned No. 4943. ORAL PRESENTATIONS 129267 - James B. Robison, 1555 Newell Street, stated he wanted to address the council about the recent move by the city to take possession of some property that is owned by his mother's estate at 121 Sumner Street and label it as being abandoned, vacant and dilapidated. Mr. Robison asked if all the council members and mayor have been aware or allowed to read his response with regard to this property. • • • • June 15, 2009 Page 7 Oral Presentations continued Mr. Robison stated that the last few days he has been trying to contact Mayor Hurley, the City Attorney, the Chief of Police, and the Assistant City Attorney about this property and where they are at on this property. They are scheduled to go to court on August 20, 2009, but they are ready to move on the house. They need a commitment from the Police Department to enforce the law like they do every place else. Mr. Robison stated they boarded this property up because of the crime to the surrounding properties. After complaining about the crime even before boarding up the house, the windows were busted out of the house, the house got vandalized, and doors were kicked. Mr. Robison stated his mother at the time when she was alive thought that she would wait out the crime, and he has come to city council meetings over the past 20 years and nothing has happened. Mr. Robison stated it came to their attention that the Police Department was using a number of people as informants in and around that property. Namely, the most notable case was the case of Bruce Burt. He was allowed to be an informant to the Police Department while operating a crack house and Officer Mark Meyers said that he paid his drug debts. They cannot stick $20,000.00 into this property and the city continues to do things like that because you can't rent a house out while you have drug activities, murders and fights. At 640 McCoy Road you would not allow a police officer to use an informant who is operating a crack house down the street from your house. Even if you were open to it if the surrounding property owners were against it you would take action. Mr. Robison stated they need a firm commitment as they have all new Pella windows, a new set of kitchen cabinets, new exterior and interior doors, counter tops, faucets, sinks, lights, and new water heater. The only thing he doesn't have is the siding and roofing. He is about to procure a furnace. Mr. Robison stated he has the money to do it, even if it comes to a point where they have to push it down they going to own the lot. Its part of his mother's estate and its part of her will that she wanted everything put into a trust for the benefit of her future generations. David Zellhoefer, Assistant City Attorney, stated this is a pending litigation matter, a 657A matter that he filed a while back. Mr. Zellhoefer stated he has most of the information and probably next week he will be able to talk to Mr. Robison. Mr. Zellhoefer stated he is not allowed to comment on pending litigation. Mr. Robison asked if he is suppose to wait until August 20, 2009 for Mr. Zellhoefer and the Police Department to give him an answer when he has the money. He has spent almost $10,000.00 on materials collecting them on the side, waiting to do this. Mayor Hurley reminded Mr. Robison that Mr. Zellhoefer said he will be in contact with him, hopefully, next week. Mr. Robison asked about the Chief of Police and his department and what is Mayor Hurley going to do to the chief. Mayor Hurley stated he is confident the Chief of Police is doing his job, and we are not going to deal with that in the chambers. Mayor Hurley stated that Mr. Robison should make an appointment with the Chief or the Chief's representative. Councilperson Greenwood stated that he had the opportunity Wednesday night to visit the VGM gala at the Riverfront Expo Center, and what a great facility for Waterloo to demonstrate their hospitality to guests who came in from around the country. It was very well run. The guests really enjoyed the atmosphere on the Expo grounds and its convenient to downtown, and many people said what a nice facility it is. Getty/Cole that the above oral comments be received and placed on file. Ayes: Six. Absent: Steve Schmitt. Motion carried. ADJOURNMENT 129268 - Welper/Reggie Schmitt that the Council adjourn at 6:07 Motion carried. p.m. Ayes: Six. Absent: Steve Schmitt. Nancy ert , CMC City Clerk