HomeMy WebLinkAboutMinutes-09/30/2002• •
September 30, 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, September 30, 2002. Mayor Pro Tem
Harold Getty in the Chair. Roll Call: Berry, Welper, Greenwood, Clark, Jordan, Hurley,
Getty.
Invocation by: Councilperson Scott Jordan.
Pledge of Allegiance: Eric Thorson, City Engineer.
ORAL COMMENTS
117569 - Councilperson Clark stated that several weeks ago the council discussed a
runoff election versus a primary election. An ordinance was placed on the
council agenda to approve holding runoff elections but was tabled to allow time
for council members to gather input from the community. Councilperson Clark
requested that the proposed ordinance for a runoff election be reconsidered and
placed on the council agenda of October 7, 2002.
117570
117571
Clark/Hurley
that the proposed Runoff Election Ordinance be reconsidered and placed on the
council agenda of Monday, October 7, 2002.
Prior to a vote on the above motion, the following comments were heard.
Councilperson Berry asked if the council heard from the citizens regarding a
runoff election. Councilperson Getty responded that the comments so far are
unanimous to place the runoff election ordinance on the council agenda for a
vote. Councilperson Getty stated that when the ordinance was tabled it was
with the understanding that council members would talk to their constituents
and bring back to the full council.
Jim Walsh, City Attorney, stated that the motion to
prevailing side to bring back for reconsideration.
Councilperson Berry asked if all council members feel
from the citizens and feel comfortable bringing
reconsideration.
Following comments a vote was taken on the above
result. Ayes: Seven. Motion carried.
- Jordan/Hurley
table does not require a
they have gotten feedback
the ordinance back for
motion with the following
that the Agenda, as proposed, for the Regular Session on
2002, at 5:30 p.m., be accepted and approved. Ayes:
- Jordan/Hurley
Monday, September 30,
Seven. Motion carried.
that the Minutes, as proposed, for the Regular Session on Monday, September 23,
2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
Mayor Pro Tem Getty read a proclamation declaring October 6, 2002, as Blue, Red
and White Sunday.
Mayor Pro Tem Getty read a proclamation declaring October 6-12, 2002, as Fire
Prevention Week.
CONSENT AGENDA
117572 - Jordan/Welper
that the following items on the consent agenda be received, placed on file and
approved:
a.
Approve the following:
1. Walter Reed, Jr., Human Rights Executive Director; Constance McGovern
and Rebecca Johnson, Human Rights Investigators; Nicky Rainey and
Peggy Dandy, Human Rights Commissioners, to attend National
Association of Human Rights Workers 55th Annual Training Conference in
Charleston, West Virginia, on October 27-31, 2002, with costs not to
exceed $7,290.40.
2. Keith Rogers, Police Investigator, to attend 18th Annual Law
Enforcement Intelligence Network Conference in Des Moines, Iowa, on
October 20-23, 2002, with costs not to exceed $455.00, including use
of city vehicle.
September 30, 2002 Page 2
CONSENT AGENDA CONTINUED
3. Randall Chapman, Police Sergeant; David McFarland, Christopher Gergen
and Gregory Fangman, Police Officers, to attend United States Police
Canine Association Narcotics Recertification Testing in Urbandale,
Iowa, on October 20-22, 2002, with costs not to exceed $892.40,
including use of city vehicles.
4. Cliff Caughron, Police Officer, to attend Basic Hostage Negotiations
Course in Evanston, Illinois, on October 27 -November 1, 2002, with
costs not to exceed $1,590.00.
5. Dawn Conradi, Adult Programs Coordinator, and Bonnie Winninger,
Education Director, to attend Art Educators of Iowa Annual Conference
in Decorah, Iowa, on October 4-6, 2002, with costs not to exceed
$212.00, including use of city vehicle.
6. Ethel Washington, Executive Director; Julie Snider and Wanda Hill,
Housing Coordinators, to attend NAHRO Conference in West Des Moines,
Iowa, on October 16-18, 2002, with costs not to exceed $1,023.00,
including use of city vehicle.
7. Robert Duncan and Jason Feaker, Police Investigators, to travel to
Chicago, Illinois, on September 26-28, 2002 to investigate homicide,
with costs not to exceed $880.00, including use of city vehicle.
8. Don Temeyer, City Planner; Melissa Edsill and Louis Starks, Associate
Planners, to attend Brownfields 2002 Convention in Charlotte, North
Carolina, on November 12-15, 2002, with costs not to exceed $3,475.50.
9. Melissa Edsill and Louis Starks, Associate Planners, to attend U.S.
EPA Region 7 Fourth Annual Brownfields All -Pilots Forum in Wichita,
Kansas, on October 9-11, 2002, with costs not to exceed $830.00,
including use of city vehicle.
10. Cammie Scully, Executive Director of Cultural & Arts Commission, to
attend Iowa Museum Association annual meeting and conference in
Council Bluffs, Iowa/Omaha, Nebraska, on October 6-8, 2002, with costs
not to exceed $290.00.
b. Approve the following resolution:
1. Communication from City Engineer transmitting request of Beverley
Clark for a waiver for a concrete driveway to be located at 1027
Virginia Street, together with recommendation of approval, be
received, placed on file and "Resolution approving said request", be
adopted.
Resolution adopted and upon approval by Mayor Pro Tem assigned No.
2002-582.
c. Approve the following:
1. Beer/Liquor License Permit Application
Class C
Fortunes Tap, 328 Elm Street (Renewal) (Expires 10/1/03) (Includes
Sunday Sales)
2. Beer License Permit Application
Class C
Kum & Go, 117 E. San Marnan Drive (Renewal) (Expires 11/2/03)
(Includes Sunday Sales)
Kum & Go, 1976 Franklin Street (Renewal) (Expires 11/2/03) (Includes
Sunday Sales)
Kum & Go, 1104 Washington (Renewal) (Expires 11/2/03) (Includes Sunday
Sales)
3. Wine License Permit Application
Class B
Kum & Go, 1104 Washington (Renewal) (Expires 11/2/03) (Includes Sunday
Sales)
4. Beer License
Class B
Godfather's
(Includes
Permit Application
Pizza, 1946 Schukei Road (Renewal) (Expires 10/31/03)
Sunday Sales)
d. Application for Outdoor Service Area
Fortunes Tap, 328 Elm Street (10/1/02 thru 10/1/03)
September 30, 2002
• •
CONSENT AGENDA CONTINUED
Page 3
e. Haunted House Permit
SG Promotions at National Cattle Congress Grounds, 257 Ansborough Avenue,
October 18-19, 25-27, 29-31, 2002
f. Report of the City Attorney and list of bonds filed with the City Clerk
through September 30, 2002, be received, placed on file and report and
bonds be approved.
Ayes: Seven, with Councilperson Clark abstaining on all beer and liquor
license permit applications. Motion carried.
HEARINGS AND BIDS
117573 - Berry/Jordan
that proof of publication of notice of public hearing on Evaporative Condenser
and Control System - Young Arena, as published in the Waterloo Courier on
September 16, 2002, be received and placed on file. Ayes: Seven. Motion
carried.
117574 - This being the time and place of public hearing the Mayor Pro Tem called for
written and oral objections and there were none.
Jordan/Greenwood
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Seven. Motion carried.
117575 - Hurley/Greenwood
that "Resolution confirming approval of plans, specifications, form of
contract, etc. in conjunction with Evaporative Condenser and Control System -
Young Arena", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-583.
117576 - Jordan/Welper
that "Resolution authorizing to proceed in conjunction with above said
project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-584.
117577 - Hurley/Clark
to receive, file and instruct City Clerk to open and read bids and refer to
Building Official/Maintenance Administrator for review:
Bidder Bid Bond Total Bid
Ace Refrigeration, Cedar Rapids, IA 5% $63,733.00
Ayes: Seven. Motion carried.
117578 - Hurley/Welper
that proof of publication of notice of public hearing on Byrnes Pool - Zero
Depth Renovation, as published in the Waterloo Courier on September 17, 2002, be
received and placed on file. Ayes: Seven. Motion carried.
117579 - This being the time and place of public hearing the Mayor Pro Tem called for
written and oral objections and there were none.
Jordan/Greenwood
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Seven. Motion carried.
117580 - Hurley/Jordan
that "Resolution confirming approval of plans, specifications, form of
contract, etc. in conjunction with Byrnes Pool - Zero Depth Renovation", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-585.
September 30, 2002
HEARINGS AND BIDS CONTINUED
Page 4
117581 - Berry/Hurley
that "Resolution authorizing to proceed in conjunction with above said
project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-586.
117582 - Jordan/Berry
to receive, file and instruct City Clerk to open and read bids and refer to
Building Official/Maintenance Administrator for review:
Bidder Bid Bond Total Bid
Chester Pool Systems, Sellersburg, IN 5% $97,716.00
Ayes: Seven. Motion carried.
117583 - Jordan/Hurley
that proof of publication of notice of public hearing on Byrnes Pool Concrete
Replacement, as published in the Waterloo Courier on September 17, 2002, be
received and placed on file. Ayes: Seven. Motion carried.
117584 - This being the time and place of public hearing the Mayor Pro Tem called for
written and oral objections and there were none.
Jordan/Hurely
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Seven. Motion carried.
117585 - Hurley/Jordan
that "Resolution confirming approval of plans, specifications, form of
contract, etc. in conjunction with Byrnes Pool Concrete Replacement", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-587.
117586 - Jordan/Welper
that "Resolution authorizing to proceed in conjunction with above said
project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-588.
117587 - Welper/Jordan
to receive, file and instruct City Clerk to open and read bids and refer to
Building Official/Maintenance Administrator for review:
Bidder Bid Bond Total Bid
Borwig Building Services, Waterloo, IA 5% $56,993.00
Mike Dolan Concrete & Masonry, Waterloo, IA 5% $45,063.00
Ayes: Seven. Motion carried.
HEARINGS
117588 - Jordan/Welper
that proof of publication of notice of public hearing on the request of Gene
Sheetz to rezone from "C-1" Commercial District to "M-1" Light Industrial
District property generally located northeast of the intersection of Dubuque
Road and Rooff Avenue for the purpose of constructing a mini -storage facility,
as published in the Waterloo Courier on September 18, 2002, be received and
placed on file. Ayes: Seven. Motion carried.
117589 - This being the time and place of public hearing, the Mayor Pro Tem called for
written and oral objections and there were none.
Welper/Jordan
• •
September 30, 2002
• •
HEARINGS CONTINUED
Page 5
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: Seven. Motion carried.
117590 - Greenwood/Jordan
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance, by adding Subsection No. 333 to Section 2A-5, Rezoning Certain
Property", be received, placed on file, considered and passed for the first
time. Ayes: Seven. Motion carried.
117591 - Greenwood/Welper
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
117592 - Jordan/Berry
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance, by adding Subsection No. 333 to Section 2A-5, Rezoning Certain
Property", 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. 4580.
PETITIONS FROM PUBLIC
117593 - Hurley/Welper
that communication from Assistant City Planner transmitting request of Long
John Silver's Restaurant for a minor site plan amendment for property generally
located at 2775 Crossroads Boulevard to undergo remodeling for co -branding as a
Long John Silvers/A&W Restaurant be received, placed on file and "Resolution
approving said site plan amendment", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-589.
117594 - Berry/Jordan
that communication from Assistant City Planner transmitting request of David
Zoll to vacate, sell and convey for $450.00 a portion of alley generally
located behind 528 and 532 Newton Street be received, placed on file and
"Resolution setting date of hearing as October 21, 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 Pro Tem assigned No. 2002-590.
117595 - Hurley/Jordan
that communication from Assistant City Planner transmitting request of Dale
Rousselow to sell and convey for $6,315.02 three parcels of property generally
located near the intersection of Acker and Eldora Roads, northeast and
southwest of the relocated creek, be received, placed on file and "Resolution
setting date of hearing as October 21, 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 Pro Tem assigned No. 2002-591.
REPORTS
117596 - Greenwood/Jordan
that communication from Chief Financial Officer transmitting Fiscal Year 2002
Street Finance Report, Road Use Tax Fund be received, placed on file and
"Resolution approving said report", be adopted and report be filed with the
Iowa Department of Transportation. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-592.
September 30, 2002
DOCUMENTS
Page 6
117597 - Welper/Greenwood
that communication from Associate Engineer transmitting IDOT Grade Crossing
Surface Repair Fund agreements with the Iowa Northern Railway Company in
conjunction with reconstruction of Jefferson Street, Commercial Street and
Hawthorne Avenue grade crossings at an estimated cost of $135,812.00, with City
match of $28,362.00, 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. 2002-593.
117598 - Berry/Jordan
that communication from City Planner transmitting one-year contract extension
agreement with the U.S. Department of Commerce, Economic Development
Administration, in conjunction with Rath Area Brownfields Redevelopment Public
Works grant be received, placed on file and "Resolution approving said
agreement", be adopted and Mayor Pro Tem and City Clerk authorized to execute
same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-594.
117599 - Hurley/Welper
that communication from Superintendent of Traffic Operations transmitting
completion of purchase of materials in conjunction with installation of
traffic signals at Williston Avenue and West 11th Street, Commercial Street and
West 11th Street, Hillcrest Road and Ridgeway Avenue, Rachael Street and Kimball
Avenue and Kimball Avenue and Mitchell Avenue be received, placed on file and
"Resolution approving said completion of purchase of materials", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-595.
RESOLUTIONS TO BE ADOPTED
117600 - Clark/Hurley
that "Resolution supporting the Grout Museum Sullivan Brothers Veterans Museum
and Research Center project and concurring with submission of a Community
Attraction and Tourism application", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Roger Olesen, Chairperson of the Grout Museum Board, stated the Grout Museum is
excited about this project. The Grout Museum has received funds from federal,
state and city governments and also from private individuals. The Grout Museum
will submit their Community Attraction and Tourism application tomorrow. Mr.
Olesen informed the council that the statue of the Lone Sailor is being
reviewed to be placed here, which would be quite an honor.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-596.
ORDINANCES TO BE ADOPTED
117601 - Jordan/Welper
that "an Ordinance amending the 2000 Traffic Code by adding a new Subsection
(7a) Fourth Street (E) to Section 549, Loading Zones (15 minute loading zone
for 619 East 4th Street)", be received, placed on file, considered and passed
for the first time. Ayes: Seven. Motion carried.
117602 - Clark/Jordan
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
117603 - Welper/Jordan
that "an Ordinance amending the 2000 Traffic Code by adding a new Subsection
(7a) Fourth Street (E) to Section 549, Loading Zones (15 minute loading zone
for 619 East 4th Street)", be considered and passed for the second and third
times and adopted. Ayes: Seven.
Ordinance adopteddd upon approval by Mayor Pro "'assigned No. 4581.
September 30, 2002
BILLS PAYMENT
117604 - Jordan
• •
Page 7
that "Resolution approving Schedule AP640, pp. 1-57, dated September 30, 2002,
in the amount of $774,627.24, 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 Pro Tem assigned No. 2002-597.
NEW BUSINESS
117605 - Clark/Jordan
that communication from Superintendent of Traffic Operations transmitting
request to install street lights at the southeast corner of Galactic and San
Marnan Drives and the dead end on the south end of Texas Street be received,
placed on file and "Resolution approving said request", be adopted and City
Clerk instructed to notify MidAmerican Energy of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-598.
117606 - Clark/Jordan
that communication from Superintendent of Traffic Operations transmitting
request to pay monthly fees for street lights located at 52 Lafayette Street
and 3924 Memory Lane be received, placed on file and "Resolution approving said
request", be adopted and City Clerk instructed to notify MidAmerican Energy of
same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-599.
ADJOURNMENT
117607 - Jordan/Berry
that the Council adjourn at 6:10 p.m. Ayes: Seven. Motion carried.
Nancy ckert
City Clerk