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HomeMy WebLinkAboutMinutes-05/13/20021 • May 13, 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, May 13, 2002. Mayor John R. Rooff in the Chair. Roll Call: Berry, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Pastor Dave Van Netten, Grace Reform Church. Pledge of Allegiance: Michelle Weidner, Chief Financial Officer. ORAL PRESENTATION 116883 - Mayor Rooff asked for a moment of silence in memory of Nikki Evans, a member of the Leisure Services Commission, wife of Scott Evans, a Fire Rescue employee, and a supporter of our community, who passed away last evening. Ms. Evans was a champion for our city and wanted to make it a better place to live. Ms. Evans had the respect and admiration of those who knew her and radiated from her personality a charm and sweetness. Mayor Rooff quoted Abe Lincoln, "The world will little note, nor long remember what we say here, but it can never forget what we did here." Ms. Evans was zealous to undertake issues and concerns that affected our community in order to make our city a better place for all our citizens to live and work. Ms. Evans will be greatly missed. Clark/Jordan that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 116884 - Getty/Greenwood that the Agenda, as amended to delete Item 25, for the Regular Session on Monday, May 13, 2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 116885 - Jordan/Hurley that the Minutes, as proposed, for the Regular Session on Monday, May 6, 2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a proclamation declaring May 19-25, 2002, as Emergency Medical Services Week. PETITIONS FROM PUBLIC 116886 - Hurley/Getty that communication from Chief of Police transmitting request of Waterloo Jaycees to hold Waterloo Fireworks Festival on July 6, 2002, from 4:00 p.m. until 12:00 a.m., with activities planned at Paramount Park, Veterans Memorial Park, 4th Street Bridge, Soldiers and Sailors and the city lot along 4th Street in front of the Courier be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-261. 116887 - Getty/Jordan that communication from Police Chief transmitting request from My Waterloo Days Committee to close East 4th Street from Franklin to Mulberry Streets with no parking on the park side of Mulberry Street on May 30, 2002, in conjunction with People in the Park; and on May 31, 2002, to close East 4th Street from Franklin to Mulberry Streets with no parking on Mulberry Street in conjunction with People in the Park and to close Park Avenue, 4th Street and 5th Street from Bluff to Mulberry Streets in conjunction with the parade, with route to begin on West 4th and Jefferson Streets to Mulberry Street and down 5th Street to Bluff Street; close the 4th Street Bridge from Sycamore to Commercial Streets, Cedar Street from Park Avenue to 5th Street during Dancin' Downtown and close 6th Street Bridge during fireworks display; and to hold Fun Run on June 1, 2002, with race route to begin and end at Kingsley Elementary School be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-262. May 13, 2002 Page 2 PETITIONS FROM PUBLIC CONTINUED 116888 - Jordan/Welper that communication from City Engineer transmitting request of Daniel Redding for a waiver for a concrete driveway to be located at 229 Dearborn Avenue, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-263. 116889 - Getty/Welper that communication from Assistant City Planner transmitting request of Parrot and Wood Funeral Home for a site plan amendment to the "R -P" Planned Residence District for property generally located near the northeast corner of San Marnan Drive and Ansborough Avenue for development of a funeral home be received, placed on file and "Resolution setting date of hearing as May 28, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-264. 116890 Getty/Welper that communication from Assistant City Planner transmitting request of Pinnacle Properties to sell and convey property generally located between West Shaulis Road and Prescott's Drive for $851.30 be received, placed on file and "Resolution setting date of hearing as June 3, 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: Seven. Resolution adopted and upon approval of Mayor assigned No. 2002-265. 116891 Getty/Welper that communication from Assistant City Planner transmitting request of Joseph Minard and Randy Vandersee to vacate unused ten -foot utility easement generally located within South Fork Estates, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 3, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-266. 116892 - Getty/Welper that communication from Assistant City Planner transmitting request of Retirement Housing Foundation and Robert Rappaport to rezone from "R-2" One and Two Family Residence District and from "R-4" Multiple Residence District to "R - 2,C -Z" Conditional One and Two Family Residence District property generally located at the northwest corner of East Donald and East 4th Streets for the purpose of developing approximately 70 units of affordable rental housing with condition of elderly people age 55 and older, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 17, 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. Prior to a vote on the above motion, the following comments were heard. Councilperson Berry stated that a property owner in the area has concerns about drainage on her property if this development is built. Councilperson Getty asked about the condition of 4th Street and if it would handle the traffic. Eric Thorson, City Engineer, responded that Engineering staff has concerns also as this is just a seal coated street. 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. 2002-267. May 13, 2002 • • PETITIONS FROM PUBLIC CONTINUED 116893 - Getty/Welper Page 3 that communication from Assistant City Planner transmitting request of Schenk Engineering on behalf of Robert Smith, Sr. to rezone from "A-1" Agricultural District to "R-1" Residential District approximately 12.2 acres generally located south of Ranchero Road just east of the city limits line with Hudson for the purpose of a residential development, together with conditions and recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 17, 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: Seven. Resolution adopted and upon approval by Mayor assigned No 2002-268. 116894 - Getty/Welper that communication from Assistant City Planner transmitting 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 purpose of converting a DOT building into an office and industrial warehousing facility, together with recommendation the Planning, Programming and Zoning Commission, be received, Avenue for the commercial and of approval of placed on file and "Resolution setting date of hearing as June 10, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-269. DOCUMENTS 116895 - Jordan/Clark that communication from Fire Chief transmitting Law Loan/Government Purchase Program Agreement with Yamaha Motor Corporation, USA through Weber's Cycle Center, Inc., for use of a Waverunner for one year at no cost be received, placed on file and "Resolution approving said agreement", be adopted and Fire Chief authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-270. 116896 - Jordan/Clark that communication from Assistant City Planner transmitting Final Plat of South Fork Estates First Addition, together with Engineering Department's review letter, Staff Report, Deed of Dedication and Certificate of Survey be received, placed on file and "Resolution approving said Final Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-271. RESOLUTIONS TO BE ADOPTED 116897 - Jordan/Greenwood that "Resolution renaming Mitchell Avenue east of Kimball Avenue as East Mitchell Avenue" be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-272. 116898 - Getty/Welper that "Resolution lifting moratorium on uses defined as group homes", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Clark stated that the city is lifting the moratorium because of HUD funding for the Salvation Army's Men's Supportive Transitional Housing Facility, and he asked if the issues have been cleared up. May 13, 2002 Page 4 RESOLUTIONS TO BE ADOPTED CONTINUED Don Temeyer, City Planner, stated that on tonight's agenda the council is setting June 3, 2002 as the date of hearing on changes to the Zoning Ordinance pertaining to family homes, group homes and halfway rehabilitation houses. The permit for the Salvation Army project will be reviewed by the Board of Adjustment later this month. Mr. Temeyer stated that the Planning, Programming and Zoning Commission recommended that the council lift the moratorium on the uses defined in the new ordinance as "group homes", but keep the moratorium on those uses defined as "halfway houses." 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. 2002-273. 116899 - Berry/Jordan that "Resolution setting date of hearing as May 28, 2002, on the issuance of not to exceed $5,100,000 General Obligation Bonds for Essential Corporate Purposes to pay costs of constructing certain improvements and capital projects included in the City's 2002-2003 Capital Improvements Budget, including streets and public grounds; sidewalks and pedestrian overpasses and underpasses; bicycle trails; storm sewers and related facilities; improvement and repair of bridges and culverts; flood control improvements; city parks; traffic control devices and signals; street lighting fixtures; equipping of the Street, Fire and Police departments; geographic computer database system; improvement to the Waterloo Airport; and abatement of nuisances", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-274. 116900 - Berry/Jordan that "Resolution setting date of hearing as May 28, 2002, on the issuance of not to exceed $650,000 General Obligation Bonds for a General Corporate Purpose to provide fire and police protection, ADA improvements, acquisition of capital equipment and vehicles for city operations", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-275. 116901 - Berry/Jordan that "Resolution setting date of hearing as May 28, 2002, on the issuance of not to exceed $700,000 General Obligation Bonds for a General Corporate Purpose for library, arts, and municipal improvements", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-276. 116902 - Berry/Jordan that "Resolution setting date of hearing as May 28, 2002, on the issuance of not to exceed $700,000 General Obligation Bonds for a General Corporate Purpose for golf courses, parks, swimming pools, and recreation and arts centers improvements", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-277. 116903 - Berry/Jordan that "Resolution setting date of hearing as May 28, not to exceed $700,000 General Obligation Bonds for a for retirement sick leave buyout", be adopted and publish notice of same. Ayes: Seven. 2002, on the issuance of General Corporate Purpose City Clerk instructed to Resolution adopted and upon approval by Mayor assigned No. 2002-278. 116904 - Berry/Jordan that "Resolution setting date of he not to exceed $600,000 General Oblig for Five Sullivan Brothers Center instructed to publish notice of same. aring as May 28, 2002, on the issuance of ation Bonds for a General Corporate Purpose improvements", be adopted and City Clerk Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-279. May 13, 2002 • • ORDINANCES TO BE ADOPTED 116905 - Jordan/Berry Page 5 that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection D of Section 6-3-4, Operating Rules and Regulations, of Chapter 3, Snowmobiles, of Title 6 Motor Vehicles and Traffic; and enacting in lieu thereof new Section 6-3-4, Operating Rules and Regulations, of Chapter 3, Snowmobiles, of Title 6, Motor Vehicles and Traffic (amending the current snowmobile ordinance as it pertains to persons under the age of 12 and 12-15 years of age to bring in line with State Code)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 116906 - Getty/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 116907 - Jordan/Welper that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection D of Section 6-3-4, Operating Rules and Regulations, of Chapter 3, Snowmobiles, of Title 6 Motor Vehicles and Traffic; and enacting in lieu thereof new Section 6-3-4, Operating Rules and Regulations, of Chapter 3, Snowmobiles, of Title 6, Motor Vehicles and Traffic (amending the current snowmobile ordinance as it pertains to persons under the age of 12 and 12-15 years of age to bring in line with State Code)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4550. 116908 - Jordan/Berry that "an Ordinance amending the 2000 Traffic Code by adding Subsection (17a) Southbrooke Drive to Section 552, No Parking Between Signs (no parking on the north side of Southbrooke Drive in the 100 and 200 blocks)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 116909 - Getty/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 116910 - Jordan/Welper that "an Ordinance amending the 2000 Traffic Code by adding Subsection (17a) Southbrooke Drive to Section 552, No Parking Between Signs (no parking on the north side of Southbrooke Drive in the 100 and 200 blocks)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4551. BILLS PAYMENT 116911 - Jordan that "Resolution approving Schedule AP640, pp. 1-87, dated May 13, 2002, in the amount of $5,781,166.99, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-280. NEW BUSINESS 116912 - Welper/Jordan that communication from Assistant City Planner transmitting changes to Zoning Ordinance, as amended, as it pertains to family homes, group homes, and halfway rehabilitation houses, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 3, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-281. May 13, 2002 Page 6 TRAVEL REQUESTS 116913 - Getty/Welper 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. Carroll Kienol, Rick Harned, Dave Mohlis and Willie Keller, Police Officers, to attend the 2002 Midwest Association of Traffic Accident Investigators Conference in Minneapolis, Minnesota, on June 12-14, 2002, with costs not to exceed $1,740.00. 2. Rick Westphal, Electrical Foreman, to attend the NEC2002 for Re -certification in Waterloo, Iowa, on May 21, 2002, exceed $165.00. 3. Mike Meister, Maintenance Electrician, to attend NEC2002 for Re -certification in Waterloo, Iowa, on May 20, 2002, exceed $165.00. Code Update Class with costs not to Code Update Class with costs not to 4. Mike Jenn, Medical Supervisor, to attend Management of Emergency Medical Service in Emmitsburg, Maryland, on June 3-14, 2002, with costs not to exceed $192.00. Ayes: Seven. Motion carried. MISCELLANEOUS 116914 - Getty/Jordan that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and the following applications for Outdoor Service Area, Theater License and Vehicle for Hire Business License be received, placed on file and approved: 1. Beer/Liquor License Permit Application Class C Southtown Lounge, 2026 Bopp Street (Renewal) (Expires 6/7/03) (Includes Sunday Sales) The Moonlight Night Club, 118 East 11th Street (Renewal) (Expires 5/14/03) (Includes Sunday Sales) Hickory House, 315 Park Road (Renewal) (Expires 5/23/03) J's R & B, 501 Independence Avenue (Renewal) (Expires 5/31/03) (Includes Sunday Sales) Smitty's Bar, 709 Jefferson Street (Renewal) (Expires 5/26/03) (Includes Sunday Sales) 2. Beer License Permit Application Class B Metro 66, 1625 West 4th Street (Renewal) (Expires 6/8/03) (Includes Sunday Sales) 3. Application for Outdoor Service Area Southtown Lounge, 2026 Bopp Street (6/22/02) Smitty's Bar, 709 Jefferson Street (5/27/02 - 5/27/03) 4. Application for Theater License Adult Emporium, 1507 La Porte Road Mini Cinema 16, 315 East Fourth Street 5. Application for Vehicle for Hire Business License Yellow Cab, Inc., 110 West 14th Street Ayes: Seven, with Councilperson Clark abstaining on all beer and liquor license applications. Motion carried. BONDS 116915 - Jordan/Berry that the report of the City Attorney and list of bonds filed with the City Clerk through May 13, 2002, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. May 13, 2002 1 • ADJOURNMENT 116916 - Jordan/Berry that the Council adjourn at 6:04 p.m. Ayes: Seven. Motion carried. f4,36- ncy ckert City Clerk Page 7