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HomeMy WebLinkAboutMinutes-01/21/2003• • January 21, 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 Tuesday, January 21, 2003. Mayor Pro Tem Harold Getty in the Chair. Roll Call: Kincaid, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Councilperson Bob Greenwood. Pledge of Allegiance: Troop 1 - Boy Scouts, St. Edwards Catholic School. ORAL PRESENTATIONS 117946 - Theresa Mosley, Chairperson of Waterloo Neighborhood Coalition and a member of the Roosevelt Neighborhood Association, spoke in favor of the neighborhood cleanup program. Ms. Mosley stated the city needs to make sure that the houses we have are brought up so people will know we live in a clean city. The neighborhood cleanup program makes that happen, and that pride stays with you forever. Charles Miles, President of Roosevelt Neighborhood Association, reported he had been told the city might get rid of the neighborhood cleanup program. Mr. Niles suggested that the city use the funds received from the Black Hawk Solid Waste Commission to continue the program. Mr. Miles stated a lot of people can't afford to pay to take their material to the landfill. Mr. Miles asked the council to find money for the neighborhood cleanups and to hire extra code enforcement officers. Councilperson Greenwood stated that there have been no discussions to end the neighborhood cleanup program. Mary Potter, Church ROW Neighborhood Association, stated she has been hearing rumors that the council was going to do away with neighborhood cleanups. Ms. Potter stated that if the city isn't able to administer the program the way it is now, maybe we need to do more in the neighborhoods to get help from the residents. Ms Potter stated that the council could work with a committee of neighborhoods to make the program financially responsible. Ms. Potter stated her neighborhood would be willing to help pay for the cost of the program. Ms. Potter stated Tim Shea, Superintendent of Waste Management, has good ideas to help keep the city clean. Ms. Potter stated the city needs to look at different ways to cleanup the neighborhoods and ask for citizens help. J.C. Green, Northeast Side Neighborhood Association, reported he has heard the rumor about the city stopping the neighborhood cleanups. Mr. Green stated they have worked for eight years to clean up their neighborhood and even got the railroad to clean up its area. Mr. Green stated if the council discontinues the cleanups what will be the use of him going to Mayor Rooff and Congressman Nussle for help when there is no way to get rid of the junk. Mr. Green stated he would appreciate it if the council would work together with the neighborhood associations to continue the program, as in the past, to keep the neighborhoods clean as it reflects on the whole city. Ann Oleson, a member of the Riverview Neighborhood Association, stated the city has put a lot of time and effort into code enforcement. Ms. Oleson stated she strongly supports the petition to increase code enforcement to help keep our city clean. Al Hayes, Professor at University of Northern Iowa, stated he has been working with the neighborhood associations in code enforcement and cleanups. Mr. Hayes reported that several members of the associations have been told by a council member and an employee of the Waste Management Services Department that dumpsters would no longer be placed in neighborhoods for the neighborhood cleanups. Citizens would be required to haul trash to a central location. Mr. Hayes stated he feels requiring the citizens to transport their trash would will affect the effectiveness of the program. Mr. Hayes stated he realizes there are cost factors with investments the city commits to the neighborhoods. Mr. Hayes stated that city staff has recommended increasing the number of code enforcement officers and that would go along with ways to improve code enforcement. Mayor Pro Tem Getty stated there is no proposal on the table, this was just one suggestion made, but there has been no formal action by the council. Mayor Pro Tem Getty stated the council appreciates everyone's comments. At least the council knows how the neighborhood associations feel about the program. A resident stated that every cleanup he takes items to the dropoff, and other people take what they want and take it back to their yards and it stays there until the next year. January 21, 2003 Page 2 ORAL PRESENTATIONS CONTINUED Councilperson Hurley shared the FY02 highlight of events that took place at the Center for The Arts. Jordan/Clark that the above oral comments be received and Motion carried. 117947 - Hurley/Jordan that the Agenda, as amended to delete Item the Regular Session on Tuesday, January 21, approved. Ayes: Seven. Motion carried. 117948 - Jordan/Clark placed on file. Ayes: Seven. No. 21 and amend Item No. 15, for 2003, at 5:30 p.m., be accepted and that the Minutes, as proposed, for the Regular Session on Monday, January 13, 2003, at 5:30 p.m., and Special Session on Thursday, January 16, 2003, at 9:00 a.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Pro Tem Getty read a proclamation declaring February 2-8, 2003, as Pet Pals Week. CONSENT AGENDA 117949 - Jordan/Greenwood that the following items on the consent approved: agenda be received, placed on file and a. John R. Rooff, Mayor; Donald Temeyer, Community Development Board Member; and Development Director, to attend Cedar Washington, D.C. on March 23-26, 2003, with City Planner; Mickye Johnson, Rudy Jones, Interim Community Valley Coalition meeting in costs not to exceed $7,000.00. b. Stan Buhrmaster and Doug Eldridge, Electricians, to attend Brown Traffic Products Annual Training Seminar in Davenport, Iowa, on January 27-30, 2003, with costs not to exceed $338.00 each, including use of city vehicle. c. Dennis Gentz, Assistant City Engineer, and Jamie Knutson, Associate Engineer, to attend 39" Annual Concrete Paving Workshop in Des Moines, Iowa, on February 5-7, 2003, with costs not to exceed $425.00, including use of city vehicle. d. Mike Moore, Fire Rescue Lieutenant, to attend Confined Space Rescue Technician Class in St. Paul, Minnesota, on February 16-21, 2003, with costs not to exceed $1,398.80. e. Communication from Police Chief transmitting request of the National Conference for Community and Justice to hold Walk As One Walk-a-thon on April 5, 2003, starting at 9:00 a.m., with walk to begin and end at Lincoln Park. f. Beer License Permit Application Class C The Pit Stop, 1459 Ansborough Avenue (Renewal) (Expires 2/3/04) (Includes Sunday Sales) Kmart, 3810 University Avenue (Renewal) (Expires 2/28/04) (Includes Sunday Sales) g• Wine License Permit Application Class B Kmart, 3810 University Avenue (Renewal) (Expires 2/28/04) (Includes Sunday Sales) h. Beer/Liquor License Permit Application Class C LaFiesta Mexican Restaurant, 3551 University Avenue (Renewal) (Expires 1/31/04) (Includes Sunday Sales) i. Cigarette Permit License Application East Side Liquor, 521 Dane Street Councilperson Clark commented regarding item d. Councilperson Clark stated he supports the schooling and attending classes, but he disagrees with the mode of transportation. January 21, 2003 • • CONSENT AGENDA CONTINUED Page 3 Ayes: Seven, with Councilperson Clark voting nay on Item d. and abstaining on all beer and liquor license permit applications. Motion carried. HEARINGS AND BIDS 117950 - Jordan/Clark that proof of publication of notice of public hearing on Replacement of Heating/Air Conditioning Units at 225 W. Ridgeway Avenue, as published in the Waterloo Courier on January 5 and January 10, 2003, be received and placed on file. Ayes: Seven. Motion carried. 117951 - This being the time and place of public hearing, the Mayor Pro Tem 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: Seven. Motion carried. 117952 - Hurley/Jordan that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Replacement of Heating/Air Conditioning Units at 225 W. Ridgeway Avenue", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-40. 117953 - Welper/Jordan that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-41. 117954 - Jordan/Welper to receive, file and instruct City Clerk to open and read bids and refer to Waterloo Housing Authority Director for review: Bidder Bid Bond Bid Alternate #1 Meyers Sheet Metal, Waterloo, IA 5% $82,565.00 $96,035.00 A'Hearn Plumbing, Cedar Falls, IA 5% $99,352.00 $80,142.00 Ayes: Seven. Motion carried. HEARINGS 117955 - Hurley/Welper that proof of publication of notice of public hearing on Part C of the Comprehensive Countywide Emergency Operation Plan for Black Hawk County, as published in the Waterloo Courier on January 6, 2003, be received and placed on file. Ayes: Seven. Motion carried. 117956 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Jordan/Clark 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. 117957 - Jordan/Hurley that "Resolution approving said plan", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-42. January 21, 2003 Page 4 PETITIONS FROM PUBLIC 117958 - Welper/Hurley that the request of Dennis Halverson for a permanent variance to Sections 27-4 and 27-5 of the Waterloo Code of Ordinances which prohibits discharging of firearms and discharging and possessing air rifles to allow operation of annual paintball gaming event at McElroy Auditorium be received, placed on file and "Resolution approving said variance", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Clark stated he strongly supports this request, but he is not sure the city should grant a permanent variance. Councilperson Clark stated the variance should be granted for one year at a time just like the city does with annual liquor license renewals. Councilperson Welper agreed that Mr. Halverson should be granted a variance for one year. Clark/Welper that the motion be amended to allow the variance for one year. Councilperson Jordan stated he is opposed to this request as he feels it sends the wrong message. Councilperson Jordan stated he doesn't see how as elected official the council can support this game when they go out and shot each other and the object is to kill. Councilperson Jordan stated it is not a game to him, and this looks like we support this type of activity. Mayor Pro Tem Getty stated he watched the tournament last year and he supports it. Mayor Pro Tem Getty stated this event brought people in from out of state and raised money for the Cedar Valley Food Bank. Councilperson Jordan asked if the council could put an age limit on this event. Dennis Halverson stated that his insurance carrier limits the game to those over 11 years of age. Mr. Halverson stated that the youngest player at the tournament was 15, with most players over 27 years of age. Councilperson Greenwood stated he agrees with Councilperson Jordan, and he has trouble supporting something that promotes violence. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Greenwood, Jordan. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-43. 117959 - Clark/Jordan that communication from Senior Planner transmitting request of Wayne Molstead for a site plan amendment to the "C -2,C -Z" Conditional Commercial District for property generally located at 1238 Dundee Avenue to allow for a commercial sign identifying a legal home occupation be received, placed on file and "Resolution setting date of hearing as February 10, 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: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-44. 117960 - Clark/Jordan that communication from Senior Planner transmitting request of Gene Geiger to vacate, sell and convey for $500.00 a portion of street right-of-way generally located at the southwest corner of Franklin Street and Vinton Street be received, placed on file and "Resolution setting date of hearing as February 10, 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: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-45. • • January 21, 2003 DOCUMENTS 117961 - Hurley/Clark • • Page 5 that communication from Senior Planner transmitting application for Roger Ciesielshi for tax exemptions on improvements totaling $31,853.00 for property located at 1101 Longfellow 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. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-46. 117962 - Hurley/Clark that communication from Senior Planner transmitting application for Bradley T. and Holly M. Cote for tax exemptions on improvements totaling $62,260.00 for property located at 310 Independence 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. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-47. 117963 - Hurley/Clark that communication from Senior Planner transmitting application for Barbara L. Gronen for tax exemptions on improvements totaling $22,000.00 for property located at 310 Lindale 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. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-48. 117964 - Hurley/Clark that communication from Senior Planner transmitting application for Barbara L. Gronen for tax exemptions on improvements totaling $10,000.00 for property located at 314 Lindale 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. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-49. 117965 - Hurley/Clark that communication from Senior Planner transmitting application for Clinton Jones for tax exemptions on improvements totaling $5,000.00 for property located at 1202 Mulberry Street 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. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-50. 117966 - Hurley/Clark that communication from Senior Planner transmitting application for Scott Jordan for tax exemptions on improvements totaling $610,000.00 for property located at 619 Johnson Street 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. Ayes: Six. Abstain: Jordan. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-51. 117967 - Hurley/Clark that communication from Senior Planner transmitting application for Debra Mattix for tax exemptions on improvements totaling $18,500.00 for property located at 719 Creston 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. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-52. January 21, 2003 Page 6 117968 - Hurley/Clark that communication from Senior Planner transmitting application for Don Miller for tax exemptions on improvements totaling $80,000.00 for property located at 2041 Burton 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. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-53. 117969 - Hurley/Clark that communication from Senior Planner transmitting application for Carol Wood for tax exemptions on improvements totaling $8,336.00 for property located at 420 Dunham Place 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. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-54. 117670 - Clark/Jordan that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Aspro, Inc. & Subsidiaries of Waterloo, Iowa, at a total cost of $2,474,720.96 in conjunction with F.Y. 2002 Asphalt Overlay Program, Contract No. 645, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-55. 117671 - Jordan/Welper that communication from Airport Director transmitting Change Order No. 2 for a net increase in the amount of $46,551.00 for work performed by Peters Construction Company in conjunction with Waterloo Regional Airport Terminal Renovation Project, Phase 2, be received, placed on file and approved and Mayor Pro Tem authorized to execute same. Ayes: Seven. Motion carried. 117672 - Jordan/Clark that "Resolution approving one-year agreement with KAM Wellness & Consulting of Oelwein, Iowa, in an amount not to exceed $16,000.00, to provide Federal and State lobbyist services to the City of Waterloo", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Four. Nays: Greenwood, Hurley, Getty. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-56. RESOLUTIONS TO BE ADOPTED 117673 - Clark/Jordan that "Resolution declaring an official intent under Treasury Regulation 1.150-2 to issue debt to reimburse the city for certain original expenditures paid in connection with lump sum retirement payouts", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-57. 117674 - Clark/Jordan that "Resolution declaring an official intent under Treasury Regulation 1.150-2 to issue debt to reimburse the city for certain original expenditures paid in connection with renovation of Five Sullivan Brothers Convention Center", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2003-58. • • • r January 21, 2003 • • ORDINANCES TO BE ADOPTED 117675 - Jordan/Welper Page 7 that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 335 to Section 2A-5, Rezoning Certain Property", (rezone from "M-1" Light Industrial District to "R-1" Residence District property generally located at 3126, 3142, 3150, 3200, 3226, 3242 and 3252 E. Shaulis Road) be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 117676 - Jordan/Clark that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 117677 - Clark/Jordan that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 335 to Section 2A-5, Rezoning Certain Property", be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4593. 117678 - Welper/Clark that "an Ordinance reducing the 8 foot utility easement to 5 foot for property generally located at 2742 Crestline", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 117679 - Jordan/Clark that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 117680 - Jordan/Clark that "an Ordinance reducing the 8 foot utility easement to 5 foot for property generally located at 2742 Crestline", be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4594. BILLS PAYMENT 117681 - Jordan/Clark that "Resolution approving Schedule AP640, pp. 1-84, dated January 21, 2003, in the amount of $670,932.34, 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. 2003-59. ADJOURNMENT 117682 - Hurley/Clark that the Council adjourn at 6:22 p.m. Ayes: Seven. Motion carried. CclutAA Nand Eckert City Clerk