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HomeMy WebLinkAboutMinutes-07/21/2003• July 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 Monday, July 21, 2003. Mayor John R. Rooff in the Chair. Roll Call: Kincaid, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Councilperson Harold Getty. Pledge of Allegiance: Councilperson Tim Hurley. 118554 - Getty/Jordan that the Agenda, as proposed, for the Regular Session on Monday, July 21, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 118555 - Jordan/Clark that the Minutes, as proposed, for the Regular Session on Monday, July 14, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 118556 - Hurley/Kincaid that the following items on the consent agenda be received, placed on file and approved: a. b. c. Resolution to approve the following: 1. Communication from City Engineer transmitting request of Dennis Anderson for a waiver for a concrete driveway to be located at 3747 Ranchero Road, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2003-488. 2. Communication from City Engineer transmitting request of Waterloo Auto Parts for a waiver for an asphalt driveway to be located at 1501 Grandview Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2003-489. 3. Communication from Police Chief transmitting request of KBBG Radio to hold KBBG Annual Parade on August 16, 2003, at 10:00 a.m., with route to begin at the corner of E. Donald and East 4th Street. Resolution adopted and upon approval by Mayor assigned No. 2003-490. Motion to approve the following: 1. Sherry Thomas Solving Water Rapids, Iowa, including use and Greg Bagsby, Rehabilitation Specialists, to attend Intrusion and Mold Problems in Iowa Seminar in Cedar on August 27, 2003, with costs not to exceed $648.00, of city vehicle. 2. Robert Greenlee, Police Officer, to attend Precision Driving Instructor Certification Course in Johnston, Iowa, on July 27 -August 1, 2003, with costs not to exceed $635.00, including use of city vehicle. Motion to approve the following: 1. Liquor License Permit Application Class B Best Western Starlite Village, 214 Washington Street (Renewal) (Expires 8/15/04) (Includes Sunday Sales) d. Bonds. Ayes: Seven, with Councilperson Clark abstaining on all beer and liquor license permit applications. Motion carried. HEARINGS AND BIDS 118557 - Jordan/Getty that proof of publication of notice of public hearing on F.Y. 2003 N.E. Industrial Park - GT Drive Extension, Contract No. 663, as published in the Waterloo Courier on July 14, 2003, be received and placed on file. Ayes: Seven. Motion carried. July 21, 2003 Page 2 HEARINGS AND BIDS CONTINUED 11855:8 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Welper that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 118559 - Jordan/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2003 N.E. Industrial Park - GT Drive Extension, Contract No. 663", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-491. 118560 - Jordan/Welper that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-492. 118561 - Hurley/Getty to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Amount Cedar Valley Corporation, Waterloo, IA 5% $374,488.17 Cunningham Construction Co., Inc., Cedar Falls, IA 5% $364,766.89 Peterson Contractors, Inc., Reinbeck, IA 5% $372,226.90 Ayes: Seven. Motion carried. UNFINISHED BUSINESS 118562 Jim Walsh, City Attorney, stated that Councilperson Jordan wants to reconsider the request of George Warren to rezone from "R-3" Multiple Family Residence District to "C-1" Commercial District property generally located at the northwest corner of West Ridgeway and Ansborough Avenues to allow construction of a Family Video Store and small retail uses. Mr. Walsh stated that a motion to reconsider is not permissible after one week, but a motion to suspend the rules would allow the council to reconsider the motion. Mr. Walsh stated that under the Waterloo Code of Ordinance Section 1-4-3 Paragraph G, Suspension of Rules, the council may temporarily suspend the rules by approval of six of the seven council members. Welper/Clark that the rules be suspended per Paragraph G, Suspension of Rules, of Section 1- 4-3, Rules of Order, of Chapter 4, City Council, of Tittle 1, Administration, of the Waterloo Code of Ordinances to allow reconsideration of the questions per Paragraph F, Reconsideration of Questions, Subparagraphs 1 and 2 of Section 1-4-3, Rules of Order, of Chapter 4, City Council, of Title 1, Administration. Prior to a vote on the above motion, the following comments were heard. Councilperson Hurley stated that Paragraph H, Parliamentary Rules to Govern, says that in all cases not provided within the Waterloo Code, the usual parliamentary rules which govern parliamentary bodies shall govern the city council, where they are applicable. Councilperson Hurley stated that the only parliamentary rules he knows is Roberts Rules of Order. Roberts Rules of Order outlines the Motion to Reconsider, and it is not allowed at all and the council did that on June 16, 2003 when Councilperson Clark brought it back for reconsideration. Councilperson Hurley stated that Roberts Rules of Order talks about what reconsideration is all about. Councilperson Hurley stated that Councilperson Jordan is asking for reconsideration of this request because Family Video is threatening to sue the city, and he wonders if the city isn't walking into something similar. 1 • I• July 21, 2003 1 • UNFINISHED BUSINESS CONTINUED Page 3 Councilperson Walsh responded if the council suspends the rule, the chair can allow the motion to reconsider. Mr. Walsh stated he accepts what Councilperson Hurley has reported but this motion is to suspend the rules as well. Roberts Rules of Order says governments rule themselves, and the council has adopted rules, and that rule says the council can suspend the rules and also use Roberts Rules of Order, but this motion intends to do away with any rule that would not allow the council to reconsider. Mayor Rooff asked if this council action will put the city in a position for a law suit, and Mr. Walsh responded that anyone can sue the city. Mr. Walsh stated that the rules the council has adopted are intended to safeguard all the citizens, and that is why we are not adopting the ordinance tonight to give time for the public to respond. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Hurley. Motion carried. 118563 - Jordan/Welper that request of Councilperson Jordan to reconsider request of George Warren to rezone from "R-3" Multiple Family Residence District to "C-1" Commercial District property generally located at the northwest corner of West Ridgeway and Ansborough Avenues to allow construction of a Family Video Store and small retail uses be received, placed on file and approved. Ayes: Seven. Motion carried. 118564 - Welper/Clark that the request of George Warren to rezone Residence District to "C-1" Commercial District the northwest corner of West Ridgeway and construction of a Family Video Store and small council agenda of Monday, August 4, 2003, be approved. Ayes: Seven. Motion carried. PETITIONS FROM PUBLIC 118565 - Kincaid/Getty from "R-3" Multiple Family property generally located at Ansborough Avenues to allow retail uses be placed on the received, placed on file and that communication from City Planner transmitting request of Betty Hodges to vacate, sell and convey for $75.00 property generally located along the north side of property located at 24 Van Buren Street, 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 11, 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 of Mayor assigned No. 2003-493. DOCUMENTS 118566 - Clark/Greenwood that communication from City Engineer transmitting Change Order No. 2 for a net increase in the amount of $2,484.13 for work performed by Earth Tech, Inc. in conjunction with F.Y. 2002 Hanna Boulevard/Rainbow Drive Box Culvert - Phase II and Rainbow Drive Box Culvert - Castle Hill Watershed, Contract No. 639, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 118567 - Clark/Greenwood that communication from Associate Engineer transmitting Change Order No. 9 for a net increase in the amount of $47,789.50 for work to be performed by K. Cunningham Construction Co., Inc. in conjunction with San Marnan Drive - Phase 2, STP -U-8155(657)-70-07, Contract No. 647, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 118568 - Clark/Greenwood that communication from Associate Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Peterson Contractors, Inc. of Reinbeck, Iowa, at a cost of $608,912.47 in conjunction with F.Y. 2002 Hanna Boulevard/Rainbow Drive Box Culvert - Phase II and Rainbow Drive Box Culvert - Castle Hill Watershed, Contract No. 639, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-494. July 21, 2003 DOCUMENTS CONTINUED 118569 - Clark/Greenwood Page 4 that communication from Associate Planner transmitting request from Jim Hoffman for tax exemptions on improvements totaling $6,087.00 for property located at 126 Summit 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 assigned No. 2003-495. RESOLUTIONS TO BE ADOPTED 118570 - Greenwood/Jordan that communication from Fire Chief transmitting request to increase Basic Life Support rates, Advanced Life Support rates and Mutual Aid fees 5 percent and to increase mileage charge from $6.00 to $6.50 per mile be received, placed on file and "Resolution approving said fees", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-496. ORDINANCES TO BE ADOPTED 118571 - Hurley/Jordan that "an Ordinance amending the 2003 Traffic Code by repealing Parking Fines and enacting in lieu thereof a new Section 335, (increase meter fines to $5, and overtime and improper parking received, placed on file, considered and passed for the first Seven. Motion carried. 118572 - Jordan/Clark Section 335, Parking Fines to $10)", be time. Ayes: that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 118573 - Clark/Kincaid that "an Ordinance amending the 2003 Traffic Code by repealing Parking Fines and enacting in lieu thereof a new Section 335, (increase meter fines to $5, and overtime and improper parking considered and passed for the second and third times and ado Seven. Ordinance adopted and upon approval by Mayor assigned No. 4627. BILLS PAYMENT 118574 - Jordan/Clark Section 335, Parking Fines to $10)", be pted. Ayes: that "Resolution approving Schedule AP640, pp. 1-87, dated July 21, 2003, in the amount of $717,607.50, 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. 2003-497 NEW BUSINESS 118575 - Jordan/Welper that "Preliminary Resolution approving construction conjunction with the F.Y. 2004 Sidewalk Repair Contract No. 666", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor 118576 - Getty/Kincaid that "Resolution fixing value of lots Sidewalk Repair Assessment Program -Zone Ayes: Seven. of sidewalk improvements Assessment Program -Zone assigned No. 2003-498. in 3, in conjunction with the F.Y. 2004 3, Contract No. 666", be adopted. Resolution adopted and upon approval by Mayor assigned No. 2003-499. If July 21, 2003 NEW BUSINESS CONTINUED 118577 - Jordan/Greenwood • Page 5 that "Resolution adopting preliminary plat and schedule of assessments and estimate of costs in conjunction with the F.Y. 2004 Sidewalk Repair Assessment Program -Zone 3, Contract No. 666", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-500. 118578 - Jordan/Welper that "Resolution of Necessity setting date of hearing on F.Y. 2004 Sidewalk Repair Assessment Program -Zone 3, Contract No. 666, as August 11, 2003, at 5:30 p.m. in the City Hall Council Chambers", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-501. 118579 - Jordan/Kincaid to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2004 Sidewalk Repair Assessment Program -Zone 3, Contract No. 666, be received, placed on file and approved. Ayes: Seven. Motion carried. 118580 - Getty/Greenwood that plans, specifications, form of contract, etc. in conjunction with F.Y. 2004 Sidewalk Repair Assessment Program -Zone 3, Contract No. 666, be received and placed on file. Ayes: Seven. Motion carried. 118581 - Jordan/Clark 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. 2003-502. 118582 - Hurley/Greenwood that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as August 11, 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. 2003-503. ADJOURNMENT 118583 - Jordan/Clark that the Council adjourn at 5:57 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk