HomeMy WebLinkAboutMinutes-06/10/2002• •
June 10, 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, June 10, 2002. Mayor John R. Rooff in
the Chair. Roll Call: Berry, Welper, Greenwood, Clark, Jordan, Hurley. Absent: Getty.
,Invocation by: Reverend Herb Thompson, Savior Baptist Church.
Pledge of Allegiance: Steve Decker, Superintendent of Streets.
ORAL PRESENTATIONS
117047 - Mary Potter explained that she had a copy of the Pledge of Allegiance to give
to the city as the Pledge is being incorrectly recited. Ms. Potter stated that
in times of a budget crisis, the city needs to look at all the fines in
drawers, such as parking and garbage. Ms. Potter stated she is aware of a
drawer full of unpaid tickets and suggested the city form a committee to look
at ways to collect these fines.
Alane Houck, 122 Kingbard, stated Black Hawk County needs the landfill for
hazardous materials, recycling and educational program. Ms. Houck stated that
the Black Hawk Solid Waste Commission now operates for profit and should be a
non-profit. Ms. Houck stated the City of Waterloo should lead the way to get
the Black Hawk Solid Waste Commission to do that, and she hopes the council
will look out for the good of the citizens.
Mayor Rooff suggested that Ms. Houck attend the next Black Hawk Solid Waste
Commission meeting. Mayor Rooff stated that other cities appoint
representatives to the commission, and that Councilperson Harold Getty and
Randy Stultz represent the city.
Jordan/Welper
that the above oral comments be received and placed on file. Ayes: Six.
Absent: Getty. Motion carried.
117048 - Hurley/Greenwood
that the Agenda, as amended to delete outdoor service area for Tony's
Trattoria, for the Regular Session on Monday, June 10, 2002, at 5:30 p.m., be
accepted and pproved. Ayes: Six. Absent: Getty. Motion carried.
117049 - Hurley/Greenwood
that the Minutes, as proposed, for the Regular Session on Monday, June 3, 2002,
at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Getty. Motion
carried.
Mayor Rooff read a proclamation declaring June 2002 as National Homeownership
Month.
Mayor Rooff read a proclamation declaring June 12-18, 2002, as United States
Army Week and June 14, 2002, as the 227`h birthday of the United States Army.
CONSENT AGENDA
117050 - Jordan/Berry
that the following items on the consent agenda be received, placed on file and
approved:
a. Beer and liquor license permit applications for the following and endorsed
applications be forwarded to the Iowa Beer and Liquor Control Department
and the following application for Outdoor Service Area be received, placed
on file and approved:
1. Beer/Liquor License Permit Application
Class C
Knights of Columbus, 1955 Locke Avenue (Renewal) (Expires 6/30/03)
(Includes Sunday Sales)
Old Timers, 735 Logan Avenue (Renewal) (Expires 6/17/03) (Includes
Sunday Sales)
Half -Pint Saloon, 1831 Independence Avenue (Renewal) (Expires 6/29/03)
(Includes Sunday Sales)
The Metro Bar, 510 Mulberry Street (Renewal) (Expires 6/14/03)
(Includes Sunday Sales)
June 10, 2002 Page 2
CONSENT AGENDA CONTINUED
2. Beer License Permit Application
Class C
Osco Drug, 2060 Crossroads Boulevard (Renewal) (Expires 7/24/03)
(Includes Sunday Sales)
LaPlacita Mexican Store, 313 West 5th Street (New) (Expires 6/11/03)
(Includes Sunday Sales)
3. Beer License Permit Application
Class B
Garfield's Cafe, 2820 Falls Avenue (Renewal) (Expires 6/14/03)
4. Liquor License Permit Application
Class A
Fraternal Order of the Eagles, 202 East 1st Street (Renewal) (Expires
6/30/03) (Includes Sunday Sales)
5. Application for Outdoor Service Area
Waterloo Holiday Inn Civic Center, 200 West 4th Street (6/11/02)
b. Bonds.
Ayes: Six, with Councilperson Clark abstaining on all beer and liquor license
applications. Absent: Getty. Motion carried.
HEARINGS
117051 - Jordan/Hurley
that proof of publication of notice of public hearing on vacation of 16 -foot
utility easement and dedication of new utility easement generally located at
965 Home Plaza, as published in the Waterloo Courier on June 3, 2002, be
received and placed on file. Ayes: Six. Absent: Getty. Motion carried.
117052 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Jordan/Greenwood
that the hea ing be closed and recommendation of approval of the Planning,
Programming and Zoning Commission and oral and written comments be received and
placed on file. Ayes: Six. Absent: Getty. Motion carried.
117053 - Clark/Jordan
that "an Ordinance vacating 16 -foot utility easement generally located at 965
Home Plaza", be received, placed on file, considered and passed for the first
time. Ayes: Six. Absent: Getty. Motion carried.
117054 - Clark/Greenwood
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Getty. Motion carried.
117055 - Welper/Hurley
that "an Ordinance vacating 16 -foot utility easement generally located at 965
Home Plaza", be considered and passed for the second and third times and
adopted. Ayes: Six. Absent: Getty.
Ordinance adopted and upon approval by Mayor assigned No. 4555.
117056 - Hurley/Welper
that "Resolution dedicating utility easement generally located at 965 Home
Plaza", be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2002-338.
117057 - Jordan/Clark
that proof of publication of notice of public hearing on the request of JIIB,
L.C., to rezone from "A-1" Agricultural District to "M-1" Light Industrial
District property generally located at 1901 West Ridgeway Avenue for purpose of
converting a DOT building into an office and commercial and industrial
warehousing facility, as published in the Waterloo Courier on May 28, 2002, be
received and placed on file. Ayes: Six. Absent: Getty. Motion carried.
• •
June 10, 2002
HEARINGS CONTINUED
Page 3
117056 - This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
Jordan/Greenwood
that the hearing be closed and recommendation of approval of the Planning,
Programming and Zoning Commission and oral and written comments be received and
placed on file. Ayes: Six. Absent: Getty. Motion carried.
117059 - Hurley/Welper
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance, by adding Subsection No. 330 to Section 2A-5, Rezoning Certain
Property", be received, placed on file, considered and passed for the first
time. Ayes: Six. Absent: Getty. Motion carried.
117060 - Jordan/Clark
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Getty. Motion carried.
117061 - Jordan/Clark
that "an
Ordinance,
Property",
Ayes: Six
Ordinance amending Ordinance No. 2479, as amended, City Zoning
by adding Subsection No. 330 to Section 2A-5, Rezoning Certain
be considered and passed for the second and third times and adopted.
. Absent: Getty.
Ordinance adopted and upon approval by Mayor assigned No. 4556.
PETITIONS FROM PUBLIC
117062 - Clark/Berry
that communication from City Engineer transmitting request of Jeffrey Konken
for a waiver for a concrete driveway to be located at 5259 Foulk Road, together
with recommendation of approval, be received, placed on file and "Resolution
approving said request", be adopted. Ayes: Six. Absent: Getty.
Resolution adapted and upon approval by Mayor assigned No. 2002-339.
117063 - Clark/Berry
that communication from City Planner transmitting request of Schaenette Allen
to rezone from "A-1" Agricultural District to "R -1,C -Z" Conditional Residence
District property generally located at 5049 Hess Road to allow for a one-person
beauty salon to be operated from the residence be received, placed on file and
"Resolution setting date of hearing as July 1, 2002, 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: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2002-340.
117064 - Clark/Berry
that communication from City Planner transmitting request of St. Vincent DePaul
to vacate, sell and convey for $1.00 a 20 foot by 130 foot portion of the
north -south improved alley generally located along the 400 block of Bratnober
Street, together with recommendation of approval of Planning, Programming and
Zoning Commission, be received, placed on file and "Resolution setting date of
hearing as July 1, 2002, 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: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2002-341.
REPORTS
117065 - Welper/Jordan
that communication from Chief Financial Officer transmitting City of
Comprehensive Annual Financial Report for Fiscal Year Ended June 30,
received, placed on file and "Resolution approving said report", be
Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2002-342.
Waterloo
2001, be
adopted.
June 10, 2002
DOCUMENTS
117066 - Hurley/Greenwood
Page 4
that communication from Assistant City Planner transmitting Final Plat of
Greenhill Heights Addition, together with Engineering Department's review
letter, Deed of Dedication, Certificate of Survey, Contract, Petition and
Waivers and Staff Report be received, placed on file and "Resolution approving
said Final Plat", be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2002-343.
117067 - Hurley/Greenwood
that communication from Leisure Services Director transmitting extension of
three-year agreement with the Black Hawk County Board of Supervisors for lease
of Cloverdale Park be received, placed on file and "Resolution approving said
agreement", be adopted and Mayor and City Clerk authorized to execute same.
Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2002-344.
117068 Hurley/Greenwood
that communication from Senior Planner transmitting application for Martine J.
Dubuc for tax exemptions on improvements totaling $8,700.00 for property
located at 310 Williston Avenue in the Consolidated Urban Revitalization Area,
together with recommendation of approval, be received, placed on file and
"Resolution approving said application", be adopted and City Clerk instructed
to forward same to County Assessor. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2002-345.
117069 - Hurley/Greenwood
that communication from Senior Planner transmitting application for Thomas C.
Haes for tax exemptions on improvements totaling $6,912.00 for property located
at 1312 Riehl Street in the Consolidated Urban Revitalization Area, together
with recommendation of approval, be received, placed on file and "Resolution
approving said application", be adopted and City Clerk instructed to forward
same to Count' Assessor. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2002-346.
117070 - Hurley/Greenwood
that communication from Police Chief transmitting grant application with the
U.S. Department of Justice for FY2002 Local Law Enforcement Block Grant funds
in the amount of $86,688.00, with local match of $9,632.00, be received, placed
on file and "Resolution approving said application", be adopted and Mayor
authorized to execute same. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2002-347.
117071 - Hurley/Greenwood
that communication from Fire Chief transmitting one-year 28E Agreement with
Cedar Township to provide fire protection and ambulance services be received,
placed on file and "Resolution approving said agreement", be adopted and Mayor
and City Clerk authorized to execute same.
Prior to a vote on the above motion, the following comments were heard.
Ned DeBerg, Fire Chief, explained that the city is paid for ambulance service
as the city is the main responder. Chief DeBerg stated that Cedar Township and
Elk Run Heights charges for service have been increased 5 percent per capita,
and East Waterloo has been raised $250.00, plus engine and personnel costs.
Following comments a vote was taken on the above motion with the following
result. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2002-348.
117072 - Hurley/Greenwood
that communication from Fire Chief transmitting one-year 28E Agreement with
East Waterloo Township to provide fire protection and ambulance services be
received, placed on file and "Resolution approving said agreement", be adopted
and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent:
Getty.
Resolution adopt and upon approval by Mayor ass' ed No. 2002-349.
June 10, 2002
• •
DOCUMENTS CONTINUED
117073 - Hurley/Greenwood
Page 5
that communication from Fire Chief transmitting one-year 28E Agreement with Elk
Run Heights to provide fire protection and ambulance services be received,
placed on file and "Resolution approving said agreement", be adopted and Mayor
and City Clerk authorized to execute same. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2002-350.
ORDINANCES TO BE ADOPTED
117074 - Berry/Welper
that "an Ordinance amending the 2000 Traffic Code by repealing Subsection (351)
Sears Drive of Section 551, Parking Prohibited At All Times On Certain Streets;
and enacting in lieu thereof a new Subsection (351) Sears Drive of Section 551,
Parking Prohibited At All Time On Certain Streets (no parking on the south side
of Sears Drive from San Marnan Drive to Camelot Drive)", be received, placed on
file, considered and passed for the first time. Ayes: Six. Absent: Getty.
Motion carried.
117075 - Jordan/Berry
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Six. Absent: Getty. Motion carried.
117076 - Welper/Jordan
that "an Ordinance amending the 2000 Traffic Code by repealing Subsection (351)
Sears Drive of Section 551, Parking Prohibited At All Times On Certain Streets;
and enacting in lieu thereof a new Subsection (351) Sears Drive of Section 551,
Parking Prohibited At All Time On Certain Streets (no parking on the south side
of Sears Drive from San Marnan Drive to Camelot Drive)", be considered and
passed for the second and third times and adopted. Ayes: Six. Absent:
Getty.
Ordinance adopted and upon approval by Mayor assigned No 4557.
117077 - Jordan/Berry i
that "an Ordinance amending the 2001 Code of Ordinances of the City of
Waterloo, Iowa, by repealing Subparagraph 2, of Paragraph C, Noisy, Annoying
Animals, of Section 5-1A-6, Prohibited Acts and Conditions, of Article A, Dogs
and Cats, of Chapter 1, Animal Control, of Title 5, Police Regulation; and
enacting in lieu thereof a new Subparagraph 2, of Paragraph C, Noisy, Annoying
Animals, of Section 5-1A-6, Prohibited Acts and Conditions, of Article A, Dogs
and Cats, of Chapter 1, Animal Control, of Title 5, Police Regulation
(requiring three neighboring households to sign citation or petition)", be
received, placed on file, considered and passed for the first time. Ayes:
Six. Absent: Getty. Motion carried.
117078 - Jordan/Clark
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Four. Nays: Greenwood, Hurley. Absent:
Getty. Motion failed.
BILLS PAYMENT
117079 - Jordan
that "Resolution approving Schedule AP640, pp. 1-58, dated June 10, 2002, in
the amount of $423,384.97, 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: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2002-351.
NEW BUSINESS
117080 - Clark/Jordan
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. in conjunction with F.Y. 2002 Asphalt Overlay Program, Contract No. 645,
be received, placed on file and approved.
June 10, 2002
NEW BUSINESS CONTINUED
Prior to a vote on the above motion, the following comments were heard.
Mayor Rooff stated that there have been debates on concrete vs. overlay
concerning the city's reconstruction program.
Page 6
Dennis Gentz, Assistant City Engineer, explained that normally the city uses
the asphalt overlay because the thickness is 3;4". Portland promotes their
concrete over an overlay. The city has not gone to a thin overlay over
concrete. Mr. Gentz stated that the city laid about a 7" thick overlay on
Airline Highway. Mr. Gentz stated that the city has been using asphalt overlay
for over 20 years.
Councilperson Hurley commented that the city is using local option sales tax
for this project and asked if we had to worry about the fund balance. Mayor
Rooff responded this project won't affect the fund balance as we had carryover
funds. Mayor Rooff stated we are just setting the date of hearing tonight.
Following comments a vote was taken on the above motion with the following
result. Ayes: Six. Absent: Getty. Motion carried.
117081 - Jordan/Welper
that plans, specifications, form of contract, etc. in conjunction with F.Y.
2002 Asphalt Overlay Program, Contract No. 645, be received and placed on file.
Ayes: Six. Absent: Getty. Motion carried.
117082 - Jordan/Welper
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with above described project", be adopted. Ayes:
Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2002-352.
117083 - Clark/Jordan
that "Resolution setting date of hearing
contract, etc. as June 24, 2002, at 5:30 p.
and taking o bids on the above described
instructed to publish notice of same. Ayes
on plans, specifications, form of
m. in the City Hall Council Chambers
project", be adopted and City Clerk
Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 2002-353.
TRAVEL REQUESTS
117084 - Berry/Jordan
that the following travel requests, which satisfy a public purpose, with
expenses not to exceed amount shown, be received, placed on file and approved:
1. Jack Fellenzer, Contract Compliance Officer, and Melissa Edsill, Associate
Planner, to attend Phase I Environmental Site Assessment Practices for
Commercial Real Estate: Transaction Screen & Phase I Site Assessment in
Kansas City, Kansas, on June 24-26, 2002, with costs not to exceed $795.00
each, including use of city vehicle.
2. Kent Shankle, Curator, and Brooke Eckstrom, President of Friends of the Art
Center, to attend Museum Pest Control Workshop, conduct research for
upcoming Junior Art Gallery exhibition, pick up works from collection and
shipment of clay in Minneapolis, Minnesota, on June 21-23, 2002, with costs
not to exceed $695.40, including use of city vehicle.
3. Cammie Scully, Cultural & Arts Director, to attend and participate in
Folklife Fest and attend Cultural Caucus in Dodgeville, Wisconsin and Des
Moines, Iowa, on June 21-25, 2002, with costs not to exceed $270.00.
Ayes: Six. Absent: Getty. Motion carried.
ADJOURNMENT
117085 - Jordan/Clark
that the Council adjourn at 6:06 p.m. Ayes: Six. Absent: Getty. Motion
carried.
•
2:Aa„.t
Nancy Eckert
City Clero