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.
• •
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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