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HomeMy WebLinkAboutMinutes-08/25/2003• August 25, 2003 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 25, 2003. Mayor John R. Rooff in the Chair. Roll Call: Kincaid, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Councilperson Tim Hurley. Pledge of Allegiance: Steve Decker, Superintendent of Streets. ORAL PRESENTATIONS 118725 - Mayor Rooff read a letter from Craig White in support of Neal Hartman's request for parking for his business, the Eastside Furniture Store. Getty/Jordan that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 118726 - Jordan/Clark that the Agenda, as proposed, for the Regular Session on Monday, August 25, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 118727 - Jordan/Clark that the Minutes, as proposed, for the Regular Session on Monday, August 18, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a proclamation declaring September 2003 as Prostate Cancer Awareness Month. CONSENT AGENDA 118728 - Jordan/Welper that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Communication from City Engineer transmitting request of Dianne Lawless for a waiver for a concrete driveway to be located at 5055 Hess Road, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2003-563. 2. Communication from City Engineer transmitting request of Operation Threshold for a waiver for a concrete driveway to be located at 226 Halstead Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2003-564. 3. Communication from City Engineer transmitting request of Operation Threshold for a waiver for a concrete driveway to be located at 212 Halstead Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2003-565. 4. Communication from Fire Chief transmitting request to hold Annual Boot Block for Muscular Dystrophy from August 29 -September 1, 2003, from 10:00 a.m. to 2:00 p.m. at the intersections of Kimball and Ridgeway Avenues, San Marnan Drive and LaPorte Road, Black Hawk Road and Ansborough Avenue and Mullan Avenue and Franklin Street. Resolution adopted and upon approval by Mayor assigned No. 2003-566. 5. Communication from City Clerk transmitting request of Rolling Thunder IA for a variance to the Noise Ordinance on September 19, 2003, from 6:00 p.m. to 7:30 p.m. in conjunction with firing a Civil War cannon at Soldiers and Sailors Park for the Prisoners of War -Missing in Action Day, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2003-567. August 25, 2003 Page 2 CONSENT AGENDA CONTINUED 6. Communication from City Clerk transmitting request of Terry Rice for a variance to the Noise Ordinance on August 31, 2003, from 8:00 p.m. to 11:00 p.m. in conjunction with a fundraiser to be held at 324 Summit Avenue for the Community Aids Assistance Program, together with recommendation of denial of Police Chief. b. Motion to approve the following: 1. Communication from Superintendent of Traffic Operations transmitting recommendation of appointment of Todd Winter to the position of Maintenance Electrician, effective September 2, 2003. 2. Communication from Mayor John Rooff transmitting recommendation of appointment of Wilfred "Mickye" Johnson and Larry Oltrogge to the Community Development Board, with term expiration date of March 1, 2006. 3. Eric Thorson, City Engineer, to attend American Public Works Association Iowa Chapter 2003 Fall Conference in Dubuque, Iowa, on September 17-19, 2003, with costs not to exceed $392.00. 4. John Rooff, Mayor, to attend Iowa League of Cities 105th Annual Conference and Exhibit in Davenport, Iowa, on September 24-26, 2003, with costs not to exceed $320.00. 5. Cammie Scully, Executive Director of Cultural & Arts Commission, to view art exhibit and attend Iowa Museum Association Board Meeting and Conference in Sioux City and Okoboji, Iowa, on August 26-29, 2003, with costs not to exceed $285.00. c. Beer/Liquor License Permit Application Class C Casey's 218 Pub, 4010-4018 University Avenue (Renewal) (Expires 9/30/04) (Includes Sunday Sales) Casey's Pub & Eatery, 1125 West Donald Street (Renewal) (Expires 9/23/04) (Includes Sunday Sales) Mr. Biggs Sports Bar, 304-306 West 4th Street (Renewal) (Expires 8/27/04) (Includes Sunday Sales) d. Beer/Wine License Permit Application Special Class C BW Wishbone, Inc., 201-205 West 18th Street (Renewal) (Expires 9/14/04) (Includes Sunday Sales) e. Beer License Permit Application Class C Clark, 1008 LaPorte Road (New) (Expires 9/10/04) (Includes Sunday Sales) Prior to a vote on the above motion, the following comments were heard. Terry Rice, 324 Summit Avenue, reported that the CAAP organization is holding a non-profit benefit at his home. Mr. Rice stated last year, they raised $12,000 for those testing HIV positive or having AIDS. Mr. Rice stated that the CAAP group helps those who don't get help. Mr. Rice reported that last year during this event, he received a ticket and had to appear in court. Mr. Rice stated that the Judge, Assistant City Attorney and Police Officer suggested that for any future events, he get a variance to the noise ordinance, and now Police Chief Tom Jennings is recommending denial of the variance. Mr. Rice presented a petition in support of the noise variance with signatures from residents living on Summit, Chicago, and Moir. Mr. Rice stated that the variance is from 8:00 p.m. to 11:00 p.m. on a Sunday night of a three-day weekend, and they will be using a cordless mike and will attempt to keep control of the noise. Mr. Rice stated that President Bush has said that it will take private organizations to raise funds. Mr. Rice stated he cannot imagine why his request would be denied. Councilperson Hurley stated that the organization can hold the event without the noise variance. Police Chief Tom Jennings reported that he does not have a problem with the event, but that since February 2002 the Police Department has received five calls of complaint for this address. Chief Jennings stated that during last year's event the Police Department was called to this address two times because of calls of complaint from neighbors. • August 25, 2003 CONSENT AGENDA CONTINUED Page 3 Mr. Rice stated that he has a double lot and a six foot high fence and has spoken to everyone to let them know of the event Mr. Rice stated that last year the police officer stated he could not hear the noise from a few blocks away. Councilperson Clark stated he respects Chief Jennings' concerns, but on the other hand he hates to deny this request. Mr. Rice stated he would be willing to turn down the sound after 10:00 p.m. Councilperson Hurley asked Mr. Rice why this event isn't held in a park, and Mr. Rice responded that this is an opportunity to share with those who have not been able to attend the annual event. Chief Jennings stated the petition of support is from residents within Mr. Rice's residence, and that Police Department was getting complaints from citizens in that area. Chief Jennings stated that the ordinance refers to various levels of acceptable decimals, and the council can set the acceptable decimal level. Mr. Rice commented that two of the complaints happened on the day of last year's event and three were at different times. Mayor Rooff stated that Mr. Rice could still hold the event, the sound just can't be above the noise ordinance. Jordan/Hurley that the petition in favor of granting the noise variance be received and placed on file. Ayes: Seven. Motion carried. 118729 - Councilperson Getty stated he has a problem with allowing the noise up to 10:00 p.m. as there have been problems at this location in the past. Councilperson Getty stated he supports the Police Chief. Councilperson Hurley stated that the event will be held in a closely packed residential area with parking. Councilperson Hurley stated he supports the Police Chief. Mayor Rooff asked for a roll call vote of the council on the request from Mr. Rice with an answer in the affirmative being a vote to support Chief Jennings' recommendation of denial. Ayes: Six. Nays: Clark. Motion carried and Mr. Rice's request denied. 118730 - A vote was taken on the other items on the consent agenda with the following result. Ayes: Seven, with Councilperson Clark voting Nay on Item b3 and abstaining on all beer and liquor license permit applications. Motion carried. DOCUMENTS 118731 - Kincaid/Greenwood that communication from Police Chief transmitting a Juvenile Accountability Incentive Block Grant (JAIBG) in the amount of $16,492.00 with the Iowa Division of Criminal and Juvenile Justice Planning, with no required city match, be received, placed on file and "Resolution approving said grant", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-568. 118732 - Kincaid/Greenwood that communication from Police Chief transmitting an Alcohol Incentive Grant with the Iowa Governor's Traffic Safety Bureau in the amount of $17,000.00 for funding of overtime for OWI arrests and other alcohol-related offenses, with no required city match, be received, placed on file and "Resolution approving said grant", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-569. RESOLUTIONS TO BE ADOPTED 118733 - Getty/Jordan that "Resolution approving recommendation of award of Fiscal Year 2004 Mayor's Youth Initiative Funds", be adopted. Prior to a vote on the above motion, the following comments were heard. August 25, 2003 Page 4 RESOLUTIONS TO BE ADOPTED CONTINUED Councilperson Hurley stated he does not think the city is in a financial condition this year to take charities outside of home, when these funds could be used to put meat back into the bone. Councilperson Hurley suggested the council fully fund the activities already in the budget, such as the Mayor's Summer Sports Camps, Mayor's OlympiKids Program, and Waterloo Center for the Arts Jr. Art Gallery, with the remaining funds put back into the General Fund. Councilperson Hurley suggested other funding amounts which could save the city $20,000.00. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2003-570. BILLS PAYMENT 118734 - Jordan/Clark that "Resolution approving Schedule AP640, pp. 1-53, dated August 25, 2003, in the amount of $2,698,835.04, 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. 2003-571. NEW BUSINESS 118735 - Hurley/Clark to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2003 Falls Avenue/University Avenue ADA Pedestrian Way, Contract No. 669, be received, placed on file and approved. Ayes: Seven. Motion carried. 118736 - Jordan/Getty that plans, specifications, form of contract, etc. in conjunction with F.Y. 2003 Falls Avenue/University Avenue ADA Pedestrian Way, Contract No. 669, be received and placed on file. Ayes: Seven. Motion carried. 118737 - Jordan/Kincaid that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-572. 118738 - Getty/Jordan that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as September 8, 2003, at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-573. 118739 - Jordan/Clark that the Council adjourn to Executive Session at 5:52 p.m.. Ayes: Seven. Motion carried. EXECUTIVE SESSION Jim Walsh, City Attorney, stated that discussion of litigation is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(c)(2003). 118740 - Clark/Jordan that the Council adjourn Executive Session at 6:23 p.m. Ayes: Seven. Motion carried. 0 August 25, 2003 , Page 5 ADJOURNMENT 118741 - Clark/Jordan that the Council adjourn at 6:24 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk