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HomeMy WebLinkAboutMinutes-08/07/2000• • August 7, 2000 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 7, 2000. Mayor Pro Tem Harold Getty in the Chair. Roll Call: Anders, Jordan, Krizek, Murphy, Gronen, Getty, Berry. Invocation by: Reverend Chuck Orr. Pledge of Allegiance: Councilperson Scott Jordan. ORAL PRESENTATIONS 114121 - Leon Mosley reported that there is a dog problem in the Lincoln Street area, and that the Post Office would not deliver mail to the residences because of the dog problem. Mr. Mosley stated that he spoke with Sang -Ki Han, Assistant City Attorney, and the residents started getting mail the following day. Mr. Mosley stated that the neighbors along Hawver Court and Ankeny Street, including Mr. And Mrs. Sailor and some senior citizens, are still upset. Mr. Mosley stated that the city has dogs running lose, and when citizens report the animals to the Cedar Bend Humane Society by the time the officer gets to the area, the dogs are gone. Mr. Mosley stated that drug dealers use dogs, such as Rotweillers, as a deterrent. Mr. Mosley stated that drug dealers put the drugs in their mouths and when the Police Officers arrive, they swallow the drugs and recycle it later. Mr. Mosley stated that we need Animal Control to deal with the human side, that the Humane Society deals with dogs, but we need someone to care about the human side. Mr. Mosley asked that the county and city work together to tackle the problem. Linda Summerhays, 1327 Vine Street, stated that she has had the misfortune to work with the Humane Society these past few months because of the dog bite received by her son. Ms. Summerhays stated she feels the dog has been protected since the incident. Ms. Summerhays stated that others have also been bitten, and the dogs are protected. Ms. Summerhays commented that they have been told to get their own attorney and proceed that way. Ms. Summerhays stated that she can accept that the Humane Society protects the dogs, but she can't accept not having an agency in the city to protect her and her family. Ms. Summerhays stated that she contacted the director of the Cedar Bend Humane Society and was told that their concern is for the animals. Ms. Summerhays asked that the city separate from the Humane Society, and she offered her assistance. Ms. Summerhays stated that she does not want anyone else to have this experience. Mayor Pro Tem Getty stated he appreciated Ms. Summerhays' remarks. Mayor Pro Tem Getty stated that at one time the city handled the animal control program, but now the city contracts with the Cedar Bend Humane Society to perform this function. Mayor Pro Tem Getty stated that we will set up a council work session with the Cedar Bend Humane Society to discuss these concerns. Ms. Summerhays will be notified of the meeting. Mr. Mosley thanked Police Chief Bernal Koehrsen for the great job he has done as the Police Chief for the city, and he also thanked Reed Craft, General Manager for Waterloo Water Works, for the great job he has done in making his department the best. Councilperson Berry stated that she will talk to the Postmaster regarding the mailboxes on Hawver Court as it is a problem for the elderly citizens to get to their mail. Police Chief Bernal Koehrsen stated that October 11, 2000 is his last work day with the city, and that at 5:00 p.m. he will name an acting chief. Chief Koehrsen thanked the city council and department heads for their support. Chief Koehrsen stated that his job as police chief has been a tremendous professional experience. Councilperson Jordan thanked Chief Koehrsen for his dedication. Councilperson Jordan stated that it is the city policy that a police officer must work for the city 24 years in order to receive his duty weapon upon retirement. Councilperson Jordan stated that he will amend tonight's agenda to adopt a resolution to amend the city's policy to allow any chief with ten years of service to keep his/her firearm if the city has received donations sufficient to cover the value of his/her gun. Mayor Pro Tem Getty thanked Chief Koehrsen, and stated that Chief Koehrsen has served the city with dignity and honor. Mayor Pro Getty commented he appreciates what Chief Koehrsen has done, and his hat is off to Chief Koehrsen. Councilperson Murphy stated that all his dealings with Chief Koehrsen have been very professional, and he has handled all of his problems and concerns very professionally. August 7, 2000 Page 2 ORAL PRESENTATIONS CONTINUED Councilperson Gronen stated that he believes Chief Koehrsen's service with the city will stand out most for the innovations he brought to the city and the public exposure through KBBG and other means. Councilperson Gronen personally thanked Chief Koehrsen for helping him when he was first appointed. Councilperson Berry stated that she first met Chief Koehrsen at KBBG. Councilperson Berry stated that Chief Koehrsen has done a great job reaching out to the community and wished him the very best. Councilperson Anders stated that when Chief Koehsen was first hired, he made it a policy for all his officers to wear uniforms, and that was good for the city. Councilperson Anders noted that this council had a part in taking the Corvette away from Chief Koehrsen. Councilperson Anders stated over the years he learned that he got honest answers from Chief Koehrsen. Councilperson Anders stated he appreciates the way Chief Koehrsen instilled professionalism in the Police Department and the way he has put the officers on the street. Councilperson Krizek thanked Chief Koehrsen and recalled calling Chief Koehrsen on a Sunday morning and meeting later that day to resolve the issue. Councilperson Krizek stated that Chief Koehrsen was open minded about new ideas and made his officers available to the council and citizens. Jim Porter stated that Chief Koehrsen made a difference. Mr. Porter commented that there have been some angry people in Waterloo and because of what Chief Koehrsen didn't do, some things didn't happen. Mr. Porter stated that Chief Koehrsen has been known not to run away from subjects that create pressure, and that he made it possible for things not to happen because he was accessible. Jordan/Gronen that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 114122 - Krizek/Jordan that the Agenda, as amended to add Item lla and delete Item 20, for the Regular Session on Monday, August 7, 2000, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 114123 - Jordan/Murphy that the Minutes, as proposed, for the Regular Session on Monday, July 31, 2000, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Councilperson Krizek read a proclamation declaring August 2000 as Downtown Month in Waterloo. HEARINGS AND BIDS 114124 - Jordan/Anders that proof of publication of notice of public hearing on the proposed F.Y. 2001 Traffic Signal Materials, Kimball Avenue at Mitchell Avenue, CS -TSF -8155(38)-- 85-07, Contract No. 587, as published in the Waterloo Courier on July 24, 2000, be received and placed on file. Ayes: Seven. Motion carried. 114125 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Murphy/Gronen that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 114126 - Jordan/Anders that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2001 Traffic Signal Materials, Kimball Avenue at Mitchell Avenue, CS -TSF -8155(38)--85-07, Contract No. 587", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-431. • • August 7, 2000 • • Page 3 HEARINGS AND BIDS CONTINUED 114127 - Jordan/Krizek 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. 2000-432. 114128 - Krizek/Jordan to receive, file and instruct City Clerk to open and read bids and refer to Traffic Engineer for review: Bidder KWS, Inc., Cedar Falls, IA 5% $44,783.00 Ayes: Seven. Motion carried. 114129 - Jordan/Anders Bid Bond Total Bid that proof of publication of notice of public hearing on the proposed F.Y. 2001 Traffic Signal Materials, W. 11th Street at Williston Avenue, CS -TSF -8155(37)-- 85-07, Contract No. 569, as published in the Waterloo Courier on July 24, 2000, be received and placed on file. Ayes: Seven. Motion carried. 114130 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Murphy/Gronen that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 114131 - Jordan/Anders that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2001 Traffic Signal Materials, W. 11th Street at Williston Avenue, CS -TSF -8155(37)--85-07, Contract No. 569", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-433. 114132 - Jordan/Krizek 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. 2000-434. 114133 - Krizek/Jordan to receive, file and instruct City Clerk to open and read bids and refer to Traffic Engineer for review: Bidder Bid Bond Total Bid KWS, Inc., Cedar Falls, IA 5% $40,912.00 Ayes: Seven. Motion carried. 114134 - Jordan/Anders that proof of publication of notice of public hearing on the proposed F.Y. 2001 Traffic Signal Materials, W. Ridgeway Avenue at Hillcrest Road, CS -TSF - 8155(46) --85-07, Contract No. 611, as published in the Waterloo Courier on July 24, 2000, be received and placed on file. Ayes: Seven. Motion carried. 114135 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Murphy/Gronen that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. August 7, 2000 HEARINGS AND BIDS CONTINUED 114136 - Jordan/Anders Page 4 that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2001 Traffic Signal Materials, W. Ridgeway Avenue at Hillcrest Road, CS -TSF -8155(46)--85-07, Contract No. 611", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-435. 114137 - Jordan/Krizek 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. 2000-436. 114138 - Krizek/Jordan to receive, file and instruct City Clerk to open and read bids and refer to Traffic Engineer for review: Bidder Bid Bond Total Bid KWS, Inc., Cedar Falls, IA 5% $46,185.00 Ayes: Seven. Motion carried. HEARINGS 114139 - Krizek/Murphy that proof of publication of notice of public hearing on request of Floyd Junker for a site plan amendment to the "C -Z" Conditional Zoning District for property located at 1209-1213 Mulberry Street to allow outside storage, as published in the Waterloo Courier on July 26, 2000, be received and placed on file. Ayes: Seven. Motion carried. 114140 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections. Noel Anderson, Assistant City Planner, stated that Mr. Junker was recently cited as the city received complaints about the appearance of his property. Mr. Anderson stated that the property was conditionally rezoned in 1993 allowing its commercial use. The Conditional Zoning for the welding business was approved subject to no outside storage of equipment and supplies. The Conditional Zoning required a hard surfaced parking lot containing a minimum of three parking spaces. Mr. Anderson stated Mr. Junker has parked tractors and construction equipment on the three parking spaces. Mr. Junker says he can comply with the conditional zoning except for no outside storage, and is asking that he be allowed to have storage bins located behind the property. Councilperson Jordan stated that he does not feel good about this request. Councilperson Jordan commented that this administration has been working hard to clean up the neighborhoods. Councilperson Jordan noted that Mr. Jones on Burton Avenue was not allowed to have outside storage. Councilperson Jordan stated that Mr. Junker has been cited because of the appearance of this property, and he does not approve of this request. Councilperson Berry stated that she feels having a place to actually store items might assist Mr. Junker in cleaning up the property. Councilperson Berry stated that she visited Mr. Junker's property, and he just needs some place to put things away. Councilperson Gronen stated that he also visited Mr. Junker's property, and he agrees with Ms. Berry that allowing Mr. Junker to have outside storage will help keep him organized, and the storage area will be in the rear of the property. Councilperson Gronen stated he feels this will help Mr. Junker clean up his property. Councilperson Anders stated that one day when he visited the property Mr. Junker had vehicles and equipment stored outside. Councilperson Anders stated that in his experience if we give him a break he will go to the limits and in six months we will be sending Code Enforcement to the property. Councilperson Anders stated that he is not willing to take a chance Mr. Junker will make the area presentable. Councilperson Anders commented that staff recommended denial to the Planning, Programming and Zoning Commission. Councilperson Anders stated that he doe0ot support the site plan amen t. August 7, 2000 Page 5 HREARINGS CONTINUED Councilperson Getty stated that he agrees with Councilperson Anders that Mr. Junker has not been able to come in compliance with the Conditional Zoning since it was approved. Councilperson Getty stated that he is not in favor of the site plan amendment. Jordan/Murphy 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. 114141 - Krizek/Anders that said site plan amendment not be approved. Ayes: Six. Nays: Berry. Motion carried. PETITIONS FROM PUBLIC 114142 - Anders/Jordan that communication from Assistant City Planner transmitting request of Bryan Nichols, Gil Cummings and Donna and Vern Nelson to rezone from "M-2" Heavy Industrial District to "C-2" Commercial District property generally located at the intersection of Westfield Avenue and Commercial Street for renovation of the Winterbottom warehouse into condominium units and office space, together with recommendation of approval of the Planning, Programming and Zoning Commission be received, placed on file and "Resolution setting date of hearing as August 28, 2000, 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. 2000-437. 114143 - Anders/Jordan that communication from Assistant City Planner transmitting request of Steven and Linda Kohlmeyer to vacate the 8'8" easement generally located along the easterly property line at 115 Oak Ridge Road to construct a double garage, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 28, 2000, 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. 2000-438. 114144 - Anders/Jordan that communication from Police Chief transmitting request of Charles Pearson to close Adams Street and Wendell Court in conjunction with the "Summer Time Groove" Event at Sullivan Park on Saturday, August 19, 2000, from 1:00 p.m. to 7:00 p.m. be tabled pending receipt of certificate of insurance. Ayes: Seven. Motion carried. 114145 - Anders/Jordan that communication from Assistant City Engineer transmitting request of Waterloo Community Schools to close the 300 block of North Barclay Street from Vine Street to vacated Lime Street and to place safety fence parallel with Vine Street in conjunction with construction of East High School addition be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-439. DOCUMENTS 114146 - Gronen/Murphy that communication from Fire Chief transmitting a one-year 28E Agreement with Elk Run Heights to provide fire and ambulance services 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. 2000-440. August 7, 2000 DOCUMENTS CONTINUED 114147 - Gronen/Murphy Page 6 that communication from Waterloo Water Works General Manager transmitting Release of Real Estate Mortgage for Steven P. Bowers and Shari L. Benesh, 11505 Kimball Avenue, for payment of Promissory Note in conjunction with Kimball South Rural Water Main Project be received, placed on file and "Resolution approving said release of real estate mortgage", 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. 2000-441. RESOLUTIONS TO BE ADOPTED 114148 - Jordan/Anders that "Resolution supporting and approving the development of Emerson and Whittier Schools for affordable rental housing", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-442. 114149 - Jordan/Anders that "Resolution amending city policy to allow any Police Chief with ten years of tenure with the city to keep his/her firearm if city has received donations sufficient to cover the value of said gun by his/her last day of employment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-443. BILLS PAYMENT 114150 - Krizek that "Resolution approving Schedule AP640, pp. 1-64, dated August 7, 2000, in the amount of $2,460,573.76, 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. 2000-444. TRAVEL REQUESTS 114151 - Berry/Jordan that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Jacob Schaefer, Custodial/Maintenance, to attend Preventive Maintenance Training for the Zamboni, in Eagan, Minnesota, on August 17, 2000, with costs not to exceed $125.00. 2. Ethel Washington, Executive Director Waterloo Housing, to attend Section 8 Eligibility and Rent Calculation Training in Rochester, Minnesota, on October 16-20, 2000, with costs not to exceed $1,050.00. 3. Ethel Washington, Executive Director Waterloo Housing, to attend PHA Staff Conference in Kansas City, Kansas, on September 18-22, 2000, with costs not to exceed $600.00. 4. Don Temeyer, City Planner, and Terry Malone, Associate Planner, to attend Brownfields Redevelopment Workshop in Des Moines, Iowa, on August 29-30, 2000, with costs not to exceed $279.00 each. Ayes: Seven. Motion carried. MISCELLANEOUS 114152 - Jordan/Krizek 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 outdoor service area application be received, placed on file and approved: • • • • August 7, 2000 MISCELLANEOUS CONTINUED Page 7 1. Beer/Wine License Permit Application Class C Young Arena, 125 Commercial Street (Renewal) (Expires 09/06/01) (Includes Sunday Sales) 2. Beer/Liquor License Permit Application Class C Waders Restaurant, 2790 Livingston Lane (Renewal) (Expires 8/14/01) (Includes Sunday Sales) Bo's, 118 Commercial Street (Renewal) (Expires 8/10/01) (Includes Sunday Sales) 3. Application for Outdoor Service Area. Bo's, 118 Commercial (8/10/00 thru 8/10/01) Ayes: Seven. Motion carried. BONDS 114153 - Jordan/Krizek that the report of the City Attorney and list of bonds filed with the City Clerk through August 7, 2000, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ADJOURNMENT 114154 - Krizek/Jordan that the Council adjourn at 6:18 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk