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HomeMy WebLinkAboutMinutes-08/19/2002• • August 19, 2002 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, August 19, 2002. Mayor John R. Rooff in the Chair. Roll Call: Welper, Greenwood, Clark, Jordan, Hurley, Getty. Absent: Berry. Invocation by: Councilperson Bob Greenwood. Pledge of Allegiance: Councilperson Tim Hurley. ORAL PRESENTATIONS 117400 - Councilperson Hurley reported that Richard Reiseck of Martin Road and his dog were bitten by a pit bull dog. This was not just a dog bumping into a dog, but it was an attack. Mr. Reiseck is in his early 70s and in good physical shape. Councilperson Hurley stated he feels this is another case that when we have an animal that could be dangerous we have a responsibility to have that animal under control at all times. Councilperson Hurley stated that Police Chief Jennings and Animal Control have tried to find the dog and its owner. Councilperson Hurley stated that Mr. Reiseck has about $500.00 in doctor bills. Getty/Jordan that the above oral comments be received and placed on file. Ayes: Six. Absent: Berry. Motion carried. 117401 - Getty/Jordan that the Agenda, as proposed, for the Regular Session on Monday, August 19, 2002, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Berry. Motion carried. 117402 - Jordan/Welper that the Minutes, as proposed, for the Regular Session on Monday, August 12, 2002, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Berry. Motion carried. CONSENT AGENDA 117403 - Hurley/Greenwood that the following items on the consent agenda be received, placed on file and approved: a. Approve the following: 1. Beer/Wine License Permit Application Class C Zio Johno's Spaghetti House, 900 LaPorte Road (New) (Expires 8/12/03) (Includes Sunday Sales) 2. Beer/Liquor License Permit Application Class C Narey's 19th Hole, 2073 Logan Avenue (Renewal) (Expires 8/22/03) (Includes Sunday Sales) 3. Beer License Permit Application Class C The General Store, 3821 University Avenue (Renewal) (Expires 8/12/03) b. Communication from Fire Chief transmitting request to hold annual Muscular Dystrophy Association (MDA) Boot Block Drive on August 30 -September 2, 2002, at the following locations: LaPorte Road and San Marnan Drive; Ridgeway Avenue and Kimball Avenue; Ansborough Avenue and Black Hawk Road; Franklin Street and Highway 63. c Approve the following travel request, which satisfies a public purpose, with expenses not to exceed amount shown: 1. Cammie Scully, Executive Director of Cultural & Arts Commission, to attend Iowa Museum Association Board Meeting and Retreat in Council Bluffs, Iowa, and Omaha, Nebraska, on August 26-27, 2002, and attend State Historical Society meeting in Des Moines, Iowa, on August 28, 2002, with costs not to exceed $350.00. August 19, 2002 Page 2 CONSENT AGENDA CONTINUED d. Report of the City Attorney and list of bonds filed with the City Clerk through August 19, 2002, be received, placed on file and report and bonds be approved. Ayes: Six, with Councilperson Clark abstaining on all beer and liquor license permit applications. Absent: Berry. Motion carried. UNFINISHED BUSINESS 117404 - Jordan/Clark that communication from Associate Engineer transmitting recommendation of award of contract in the amount of $22,675.90 to Todd Van Dorn Construction of Cedar Falls, Iowa, in conjunction with F.Y. 2003 Sidewalk Repair Block Grant Program - Zone 2, Contract No. 649, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor assigned No. 2002-502. PETITIONS FROM PUBLIC 117405 Clark/Jordan that communication from Assistant City Planner transmitting request of Nesco Signs on behalf of Midas for a minor site plan amendment to the "S-1" Zoning District to allow addition of a second pole sign for property generally located at 2027 Crossroads Boulevard, together with recommendation of staff to refer back to the Planning, Programming and Zoning Commission for a public hearing, be received, placed on file and approved and City Planner instructed to refer back to the Planning, Programming and Zoning Commission. Ayes: Six. Absent: Berry. 117406 - Clark/Jordan that communication from Assistant City Planner transmitting request of Terry C. Bruce, 1946 Harrow Road, for a waiver of the sidewalk requirement for street frontage along Tilbury Road for property generally located at the northeast corner of the intersection of Harrow and Tilbury Roads, together with recommendation of denial of the Planning, Programming and Zoning Commission, 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. Councilperson Greenwood stated that Mayfair Street and Tilbury Road do not have sidewalks. Don Temeyer, City Planner, stated that as the subdivisions were being developed sidewalks were included in the requirement. Mayfair Street does not have sidewalks, but Harrow Road and the corner lot do have sidewalks. Mr. Temeyer explained that the deed restriction for this area requires that sidewalks be done at the time of construction. Mr. Bruce will put a sidewalk on Harrow Road, but not on the side where there is no sidewalks. Councilperson Getty stated that the neighbors on either side of Tilbury Road do not have sidewalks, but there are sidewalks on Harrow Road. Councilperson Hurley stated that he agrees with Councilpersons Greenwood and Getty, but he does understand that there are restrictions in the deed. Councilperson Hurley stated that as long as Mr. Bruce puts sidewalk on Harrow Road, he does not see a reason for a sidewalk on Tilbury Road. Councilperson Hurley recommended that the council approve Mr. Bruce's request. Councilperson Jordan stated that the council could add a stipulation that down the road if the city requires Tilbury Road to have sidewalks, Mr. Bruce will be required to install sidewalks. With approval of the mover and seconder, the above motion was withdrawn. • • August 19, 2002 • • PETITIONS FROM PUBLIC CONTINUED Jordan/Clark Page 3 ti that communication from Assistant City Planner transmitting request of Terry C. Bruce, 1946 Harrow Road, for a waiver of the sidewalk requirement for street frontage along Tilbury Road for property generally located at the northeast corner of the intersection of Harrow and Tilbury Roads, together with recommendation of denial of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said request" be adopted and Terry C. Bruce be required to file waiver of assessment with the city. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor assigned No. 2002-503. DOCUMENTS 117407 - Welper/Getty that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $22,675.90 from Todd Van Dorn Construction of Cedar Falls, Iowa, in conjunction with F.Y. 2003 Sidewalk Repair Block Grant Program -Zone 2, Contract No. 649, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor assigned No. 2002-504. 117408 - Hurley/Welper that communication from Assistant City Planner transmitting twenty-five year lease agreement with Iowa National Guard to lease 1.01 acres of city -owned property generally located in MidPort America Industrial Park Plat No. 1 for $1.00 per year be received, placed on file and "Resolution setting date of hearing as September 9, 2002, at 5:30 p.m. in the City Hall Council Chambers on the above described lease agreement", be adopted and City Clerk instructed to publish notice of the same. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor assigned No. 2002-505. ORDINANCES TO BE ADOPTED 117409 - Jordan/Welper that "an Ordinance (construction connectivity County)", be time. Ayes: 117410 - Hurley/Jordan amending the franchise agreement with MCC Iowa LLC of fiber optic network capable of carrying video, voice and data to the City, Waterloo Community School District and Black Hawk received, placed on file, considered and passed for the second Five. Nays: Getty. Absent: Berry. Motion carried. that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Four. Nays: Greenwood, Getty. Absent: Berry. Motion failed. 117411 Getty/Clark that "an Ordinance amending the 2000 Traffic Code to allow stop signs on Stratford Street at Maxwell Avenue", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Berry. Motion carried. 117412 - Hurley/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Berry. Motion carried. 117413 - Jordan/Hurley that "an Ordinance amending the 2000 Traffic Code to allow stop signs on Stratford Street at Maxwell Avenue", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Berry. Ordinance adopted and upon approval by Mayor assigned No. 4569. August 19, 2002 Page 4 BILLS PAYMENT 117414 - Jordan/Hurley that "Resolution approving Schedule AP640, pp. 1-85, dated August 19, 2002, in the amount of $585,829.01, 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: Six. Absent: Berry. Resolution adopted and upon approval by Mayor assigned No. 2002-506. ADJOURNMENT 117415 Jordan/Clark that the Council adjourn at 5:49 p.m. Ayes: Six. Absent: Berry. Motion carried. Nancy' Eckert City Clerk