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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