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HomeMy WebLinkAboutMinutes-01/06/2003January 6, 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, January 6, 2003. Mayor John R. Rooff in the Chair. Roll Call: Welper, Greenwood, Clark, Jordan, Hurley Getty. Invocation by: Councilperson Harold Getty. Pledge of Allegiance: Steve Decker, Superintendent of Streets. ORAL PRESENTATIONS 117863 - A representative from VGM asked for an update on the renovation of the Five Sullivan Brothers Convention Center. Lou Cutwright, Building Official/Maintenance Supervisor, responded that a pre- bid meeting was held today and bids for the project will be opened next Monday. Mr. Cutwright reported that renovation of the interior of the building will be completed before VGM holds its conference. Jordan/Greenwood that the above oral comments be received and placed on file. Ayes: Six. Motion carried. 117864 - Getty/Hurley that the Agenda, as amended to add m. under consent agenda, amend Item No. 8, and delete Item Nos. 27 and 28, for the Regular Session on Monday, January 6, 2003, at 5:30 p.m., be accepted and approved. Ayes: Six. Motion carried. 117865 - Jordan/Clark that the Minutes, as proposed, for the Regular Session on Monday, December 16, 2002, and Special Session on Thursday, December 19, 2002, at 5:30 p.m., be accepted and approved. Ayes: Six. Motion carried. Mayor Rooff performed swearing in of Firefighters Michael Spence and Michael Schipper. Mayor Rooff performed swearing in of Police Officers Brian Hoelscher and Steven Bose. CONSENT AGENDA 117866 - Jordan/Hurley that the following items on the consent agenda be received, placed approved: a. Communication from Mayor Rooff transmitting appointment of (Willy Smith as alternate) to the Memorial Hall Commission, expiration date of December 1, 2005 and reappointment of Craig Bedard as alternate) and Dorothy Billman (Evelyn Davison as with term expiration date of December 1, 2005. on file and Tom Broell with term White (John alternate), b. Communication from Mayor Rooff transmitting appointment of Dan Channer to the Design Review Board, with term expiration date of May 7, 2004. c. Communication from Mayor Rooff transmitting reappointment of Mary Swehla to the Waterloo Convention & Visitors Bureau, with term expiration date of June 30, 2005 and appointment of Paul Skram, with term expiration date of June 30, 2005. d. Todd Derifield, City Forester, to attend International Society of Arboriculture - Midwest Chapter Annual Conference in Springfield, Missouri on February 4-7, 2003, with costs not to exceed $522.00, including use of city vehicle. e. Jeff Wood, Firefighter, to attend classes at Emmitsburg, Maryland on March 29 -April 4, 2003, with costs not to exceed $110.03. f. Roger Carr and Gary Ciddio, Haz Mat Team Leaders, to attend Modular Emergency Response Radiologist Transportation Training and State Hazardous Materials Team Meeting in Newton, Iowa on January 8-9, 2003, with costs not to exceed $665.53. g. Brian Hoelscher and Steven Bose, Police Officers, to attend Iowa Law Enforcement Academy Basic Level 1 Class in Johnston, Iowa on January 13 - April 10, 2003, with costs not to exceed $6,917.94. January 6, 2003 Page 2 CONSENT AGENDA CONTINUED h. Beer/Liquor License Permit Application Class C National Dairy Cattle Congress, 250 Ansborough Avenue (The Pavilion) (New) (Expires 1/06/04) (Includes Sunday Sales) Electric Park Ballroom, 310 West Conger Street (Renewal) (Expires 1/27/04) (Includes Sunday Sales) Pat's Tavern, 303 West 4th Street (Renewal) (Expires 12/17/03) i. Beer License Permit Application Class C Fareway Stores, 40 West San Marnan Drive (Renewal) (Expires 2/14/04) Hy -Vee Food and Drugstore, 1422 Flammang Drive (Renewal) (Expires 2/08/04) (Includes Sunday Sales) J. Wine License Permit Application Class B Fareway Stores, 40 West San Marnan Drive (Renewal) (Expires 2/14/04) Hy -Vee Food and Drugstore, 1422 Flammang Drive (Renewal) (Expires 2/08/04) (Includes Sunday Sales) k. Beer/Wine License Permit Application Special Class B National Dairy Cattle Congress, 250 Ansborough Avenue (New) (Expires 1/06/04) (Includes Sunday Sales) 1. Cigarette License Permit Application The Winning Edge, 341 Fletcher Avenue Steamboat Gardens Inc., 1740 Falls Avenue m. Fireworks Display Application Mosbrucker Bull Ride on January 10 & 11, 2003 at Cattle Congress Arena Ayes: Six, with Councilperson Clark abstaining on all beer and liquor license permit applications. Motion carried. 117867 - Tom Jennings, Police Chief, stated that the license for Romeo's Lounge can only be denied for legal cause, and he is recommending the council deny this license. Chief Jennings stated that the application is not property filled out. The applicant has filled out three different applications for this establishment. Jordan/Hurley that the Class C Beer/Liquor License Permit Application for Romeo's Lounge, 911 East 4th Street, be denied. Ayes: Five. Abstain: Clark. Motion carried. Reverend Jay Burt, Pastor at Mount Calvary Missionary Baptist Church, asked if Chief Jenning's recommendation of denial is based solely on the application, and Chief Jennings responded yes and the next step is the appeal process in Ankeny as the burden is on the applicant. Aaron Hawbaker, representing Vivian Mabry, asked what is wrong with the application. Chief Jennings responded that all persons with a financial interest in the establishment must be listed, and the applicant failed to list them. Chief Jennings stated that a convicted felon cannot operate the bar and the day-to-day manager of Romeo's is a convicted felon. Jim Walsh, City Attorney, stated that the recommendation of denial is not limited to just those items. The applicant did not disclose sufficient information. Mr. Hawbaker asked how he could get a list of the reasons for denial. Mr. Walsh stated that Chief Jennings is willing to work with and has worked with Ms. Mabry, but she keeps filling out incomplete applications. Ms. Mabry needs to put in all the correct information. Mayor Rooff stated that the appeal process will be through the Beer and Liquor Control Division in Ankeny. Mayor Rooff asked Mr. Hawbaker to get together with Chief Jennings and Mr. Walsh after the council meeting. HEARINGS 117868 - Jordan/Welper that proof of publication of notice of public hearing on request of Dr. H. Mark Trunnel to sell and convey Lots C and D generally located on Pleasant Valley Drive for $32,400.00, as published in the Waterloo Courier on December 18, 2002, be receiv nd placed on file. Ayes: Si1110 Motion carried. January 6, 2003 HEARINGS CONTINUED Page 3 117869 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Hurley that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Motion carried. 117870 - Hurley/Clark that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2003-1. 117871 - Welper/Greenwood that proof of publication of notice of public hearing on request of Richard Brown to sell and convey property generally located at the corner of Jefferson Street and West 11th Street for $7,250.00, as published in the Waterloo Courier on December 18, 2002, be received and placed on file. Ayes: Six. Motion carried. 117872 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Getty that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Motion carried. 117873 - Getty/Jordan that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Five. Nays: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2003-2. 117874 - Jordan/Clark that proof of publication of notice of public hearing on amendment to Zoning Ordinance, Ordinance No. 2479 as amended, as it pertains to hotel and motel density requirements and where they are permitted, as published in the Waterloo Courier on December 30, 2002, be received and placed on file. Ayes: Six. Motion carried. 117875 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Mayor Rooff stated that the amendment is an effort by staff and the Planning, Programming and Zoning Commission to clean up language in the ordinance. Don Temeyer, City Planner, reported that the definition of hotel in the ordinance defines a hotel as a building containing 20 or more individual sleeping rooms or suites. The motel definition is a building or group of buildings containing living or sleeping accommodations and has individual entrances from outside the building to serve each living or sleeping unit. The amendments also eliminate the density requirements for hotels and motels. Jordan/Welper 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: Six. Motion carried. 117876 - Getty/Jordan that "an Ordinance amending Zoning Ordinance, Ordinance No. 2479, as amended, as it pertains to hotel and motel density requirements and where they are permitted", be received, placed on file, considered and passed for the first time. Ayes: Six. Motion carried. 117877 - Greenwood/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Motion carried. January 6, 2003 Page 4 HEARINGS CONTINUED 117878 - Welper/Jordan that "an Ordinance amending Zoning Ordinance, Ordinance No. 2479, as amended, as it pertains to hotel and motel density requirements and where they are permitted", be considered and passed for the second and third times and adopted. Ayes: Six. Ordinance adopted and upon approval by Mayor assigned No. 4592. UNFINISHED BUSINESS 117879 - Getty/Jordan that "Resolution approving abandonment schedule in conjunction with F.Y. 2003 Sidewalk Repair Assessment Program - Zone 2, Contract No. 650", be adopted. Ayes: Six. Resolution adopted and upon 117880 - Getty/Jordan approval by Mayor assigned No. 2003-3. that communication from Fire Chief transmitting recommendation to accept bid from Rydell Chevrolet for Chevrolet Suburban at a cost of $33,296.00 be received, placed on file and "Resolution approving said bid", be adopted. Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2003-4. 117881 - Getty/Welper that "Resolution adopting and levying final schedule of assessments and providing for payment thereof in conjunction with F.Y. 2003 Sidewalk Repair Assessment Program - Zone 2, Contract No. 650 ", be adopted. Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2003-5. PETITIONS FROM PUBLIC 117882 - Welper/Jordan that communication from Assistant City Planner transmitting request of downtown property owners to reestablish the Self Supported Municipal Improvement District (SSMID) for two years at $3.00 per $1,000.00 of assessed valuation, be received, placed on file and "Resolution setting date of hearing as February 3, 2003, 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: Six. Resolution adopted and upon approval by Mayor assigned No. 2003-6. DOCUMENTS 117883 - Hurley/Jordan that communication from Senior Hugill for tax exemptions on located at 424 Columbia Street together with recommendation of approval, "Resolution approving said application", be to forward same to County Assessor. Planner transmitting application for Wayne C. improvements totaling $7,020.00 for property in the Consolidated Urban Revitalization Area, be received, placed on file and adopted and City Clerk instructed Getty/Clark that said application be tabled. 117884 - Hurley/Jordan Ayes: Six. Motion carried. that communication from Senior Planner transmitting application for Gregory R. Anderson for tax exemptions on improvements totaling $13,008.00 for property located at 848 Cloverdale Avenue in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward same to County Assessor. Prior to a vote on the above motion, the following comments were heard. • • January 6, 2003 • • DOCUMENTS CONTINUED Page 5 Don Temeyer, City Planner, explained that the applicants put the value on the improvement to the property. The Black Hawk County Assessor actually sets the value of the improvement if it increase the value of the property. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2003-7. 117885 - Getty/Welper that communication from Personnel Director transmitting four-year bargaining agreement with Teamsters Local 238 be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2003-8 117886 - Getty/Welper that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Peterson Contractors, Inc. of Reinbeck, Iowa at a total cost of $46,297.00 in conjunction with the F.Y. 2002 Repair of Recreational Trail Bridge Over Black Hawk Creek, Contract No. 641, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond be received and placed on file. Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2003-9. 117887 - Getty/Welper that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Borwig Building Services, Inc. of Waterloo, Iowa at a cost of $61,229.61 in conjunction with F.Y. 2003 Sidewalk Repair Assessment Program - Zone 2, Contract No. 650, be received, placed on file and "Resolution approving said documents", be adopted and two- year Maintenance Bond be received and placed on file. Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2003-10. 117888 - Getty/Welper that communication from City Attorney transmitting settlement agreement with Ronald Fluhr be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Six. Resolution adopted and upon approval by Mayor 117889 - Getty/Welper that communication city employees be plan", be adopted. Resolution adopted 117890 - Getty/Welper that communication assigned No. 2003-11. from City Clerk transmitting Post Employment Health Plan for received, placed on file and "Resolution approving said Ayes: Six. and upon approval by Mayor assigned No. 2003-12. from City Clerk transmitting agreement Retirement Solutions to administer Post Employment Health employees be received, placed on file and "Resolution agreement", be adopted and Mayor authorized to execute same. with Nationwide Plan for city approving said Prior to a vote on the above motion, the following comments were heard. Councilperson Hurley asked what happens after 2006. Jim Walsh, City Attorney, responded that all bargaining contracts will expire and just as all other benefits we start negotiating at zero again. Mr. Walsh stated that the bargaining units and the city struggled with the language on the VEBA accounts as a one time benefit because of the savings on our health insurance. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2003-13. January 6, 2003 Page 6 RESOLUTIONS TO BE ADOPTED 117891 - Greenwood/Jordan that "Resolution requesting Iowa Northland Regional Council of Governments to include the city in an application through the Iowa Emergency Management Division to the Federal Emergency Management Agency in order to secure funding for the update of the local Hazard Mitigation Plan", be adopted. Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2003-14. 117892 - Greenwood/Jordan that "Resolution approving application through Iowa Emergency Division to the Federal Emergency Management Agency for funding in of $10,721.00 from the Pre -Disaster Mitigation Grant Program, with of $2,680.25", be adopted. Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2003-15. 117893 - Greenwood/Jordan Management the amount city match that "Resolution naming Sharon Juon, Executive Director of the Iowa Northland Regional Council of Governments, as the authorized representative for the city on matters pertaining to the Hazard Mitigation Update Planning grant", be adopted. Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2003-16. 117894 - Jordan/Welper that communication from Assistant City Planner transmitting request for a variance to Subdivision Ordinance Section 2.4(2a) requiring plat and accompanying documents to be recorded within nine months of the date of City Council approval in conjunction with Final Plat of MidPort America Plat No. 2 be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2003-17. 117895 Jordan/Welper that communication from Leisure Services Director transmitting 2003 Golf Rates for city golf courses and approving week day Fall Special rates of $11.00 for 18 -holes of golf commencing no sooner than the first weekday in October be received, placed on file and "Resolution approving said rates", be adopted. Prior to a vote on the above motion, the following comments were heard. Paul Huting, Leisure Services Director, reported that the Leisure Service Board recommended not to raise the golf fees. There was a 7.2 percent decline in use of the golf courses this year. The Leisure Services Board and staff do not feel golf fees should be increased for next summer. Mr. Huting stated that discussions will have to be held on set aside of money from each round of golf to be used for capital improvements. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Resolution adopted and upon 117896 - Jordan/Welper that "Resolution changing adopted. Ayes: Six. Resolution adopted and upon 117897 - Jordan/Welper approval by Mayor assigned No. 2003-18. public Carl Street to private Carl Street", be approval by Mayor assigned No. 2003-19. that "Resolution authorizing transfer of $40,000.00 from City Hall Building Improvement Fund, $10,000.00 from Library Improvement Fund and $15,000.00 from Cultural & Arts Improvement Fund to Swimming Pool Improvements", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Hurley asked if City Hall, the Library or Center for the Arts will suffer because of these fund transfers. • • January 6, 2003 • • RESOLUTIONS TO BE ADOPTED CONTINUED Page 7 Lou Cutwright, Building Official/Maintenance Supervisor, responded that the city realized a savings of $20,000.00 from the Library and $25,000.00 from the Center for the Arts joint roofing project. Mr. Cutwright stated he has not heard from anyone in City Hall that they are not getting what they need. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2003-20. BILLS PAYMENT 117898 - Jordan that "Resolution approving Schedule AP640, pp. 1-77, dated January 6, 2003, in the amount of 1,837,035.43 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: Six. Resolution adopted and upon approval by Mayor assigned No. 2003-21. NEW BUSINESS 117899 - Jordan/Getty that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $574.75 for work performed by the Water Works at 312 Webster Street, together with recommendation of approval of the Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2003-22. 117900 - Jordan/Getty that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $1,596.00 for work performed by the Water Works at 121 Courtland Street, together with recommendation of approval of the Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2003-23. 117901 - Jordan/Getty that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $439.92 for work performed by the Water Works at 725 West 1st Street, together with recommendation of approval of the Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2003-24. ADJOURNMENT 117902 - Jordan/Clark that the Council adjourn at 6:13 p.m. Ayes: Six. Motion carried. Nancy Eckert City Clerk