Loading...
HomeMy WebLinkAboutMinutes-03/31/2003• • March 31, 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, March 31, 2003. Mayor John R. Rooff in the Chair. Roll Call: Kincaid, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Michelle Weidner, Chief Financial Officer. Pledge of Allegiance: Walter Cunningham School of Excellence Student Council. ORAL PRESENTATIONS 117955 - Elaine Houck, 122 Kingbaird, spoke in favor of Land Value Taxation and explained the program. Ms. Houck stated with this type of program we are taxed on value of the land not on improvements. This will primarily stabilize revenues and is a tax that provides consistent revenues. This tax has an ease of administration and collection, and it is not unfair. This is a progressive tax on a fixed supply of land. This tax will provide revenue no matter what the state of the economy. Ms. Houck stated Land Value Taxation will improve the urban tax base and will lower taxes. Jordan/Clark that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 117956 - Getty/Greenwood that the Agenda, as proposed, for the Regular Session on Monday, March 31, 2003, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 117957 - Getty/Greenwood that the Minutes, as proposed, for the Regular Session on Monday, March 17, 2003, at 5:30 p.m. and Special Session on Thursday, March 20, 2003, at 8:00 a.m. be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff introduced Student Council from Walter Cunningham School of Excellence. Coach McGraw introduced East High SchoolBasketball Team. Mayor Rooff performed swearing in of Police Officer Matthew Wertz. CONSENT AGENDA 117958 - Hurley/Jordan that the following items on the consent agenda be received, placed on file and approved: a. Motion to approve the following: 1. Communication from Fire Chief transmitting recommendation of appointment of Cyndi Young to the position of Clerk I. 2. Communication from Community Planning & Development Director transmitting recommendation of appointment of Aric Schroeder to the position of Senior Planner, effective April 1, 2003. 3. Communication from Mayor Rooff transmitting recommendation of appointment of Tracy Ceaser to the Waterloo Housing Authority Board, with term expiration date of January 2004. 4. Brent Cirksena, Police Lieutenant, to attend Urban Potential Seminar in Waterloo, Iowa, on April 11, 2003, with costs not to exceed $198.00 5. Aric Schroeder, Associate Planner, to attend COZO 2003 Spring Conference in Marshalltown, Iowa, on April 16-18, 2003, with costs not to exceed $262.00, including use of city vehicle. 6. Doug Carter, Fire Captain, to attend Urban Potential Seminar in Waterloo, Iowa, on April 11, 2003, with costs not to exceed $198.00, including use of city vehicle. 7. Mike Pierce, Battalion Chief, to attend Urban Potential Seminar in Waterloo, Iowa, on April 3, 2003, with costs not to exceed $198.00, including use of city vehicle. March 31, 2003 Page 2 CONSENT AGENDA CONTINUED 8. Steve Bagenstos, Michael Albers and Brian Weldon, Police Officers, to attend Field Training Officer Certification in Waterloo, Iowa, on April 7-11, 2003, with costs not to exceed $750.00. 9. John Kehoe, Chief Electrical Inspector, to attend the Iowa Chapter of the International Association of Electrical Inspectors meeting in Amana, Iowa, on April 7-9, 2003, with costs not to exceed $313.00, including use of city vehicle. 10. Mike Jenn and Jim Schneider, Fire Captains, to pick up 311 Platform in Weywagee, Wisconsin, the week of March 24, 2003, with costs not to exceed $206.00, including use of city vehicle. 11. Louis Cutwright, Building Official/Maintenance Administrator, to attend ADA Symposium 2003 in Kansas City, Missouri, on June 2-5, 2003, with costs not to exceed $1,113.00. 12. Brian Huebner, Jeff Palmer and Mike Gibbons, Paramedic Students, to take paramedic testing at Waterloo, Iowa, on June 7-8, 2003, with costs not to exceed $645.00. 13. Christopher Morley and Matthew Wertz, Police Officers, to attend Basic Level I Training School at Johnston, Iowa, on April 7 -July 11, 2003, with costs not to exceed $6,895.96. 14. Dave Keidel, Manager of Rehabilitation Services, to attend Recertification of Lead Inspector/Risk Assessor class in Waterloo, Iowa, on April 30 -May 1, 2003, with costs not to exceed $270.00, including use of city vehicle. 15. Greg Bagsby, Rehabilitation Specialist, to attend Recertification of Visual Risk Assessor class in Waterloo, Iowa, on April 30, 2003, with costs not to exceed $135.00, including use of city vehicle. b. Resolution to approve the following: 1. Communication from City Engineer transmitting request of Wade Thompson for a waiver for a concrete driveway to be located at 1221 Ohio Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2003-192. 2. Communication from City Clerk transmitting request of Antwoin Wiggley and Summer Keene for a waiver to the Noise Ordinance on April 12, 2003, from 5:00 p.m. to 10:00 p.m. in conjunction with a wedding reception (including DJ) to be held at 512 Rhey Street, together with recommendation of approval of Police Chief. Resolution adopted and upon approval by Mayor assigned No. 2003-193. 3. Communication from Police Chief transmitting request of Social Concerns Committee of Queen of Peace to hold Palm Sunday Walk on April 13, 2003, with walk to begin and end at Queen of Peace on Mulberry Street. Resolution adopted and upon approval by Mayor assigned No. 2003-194. 4. Communication from Police Chief transmitting request of Easter Seals Camp Sunnyside to hold Pony Express Ride on April 18, 2003, with ride to begin along Lafayette Road from the city limits to 6th Street near the Black Hawk County Courthouse and then right one block to Mulberry Street to the front of City Hall. Resolution adopted and upon approval by Mayor assigned No. 2003-195. 5. Communication from Boy Scouts of America Winnebago Council requesting a variance to discharging of firearms within the city in conjunction with 2003 Scout Camporee at Cedar River/Exchange Park on September 19- 21, 2003. Resolution adopted and upon approval by Mayor assigned No. 2003-196. c. Beer License Permit Application Class C Triple J Mart, 1807 LaPorte Road (Renewal) (Expires 4/08/04) (Includes Sunday Sales) Cork's Grocery, 1956 Lafayette Street (Renewal) (Expires 4/30/04) (Include1unday Sales) 411 March 31, 2003 • • CONSENT AGENDA CONTINUED Page 3 d. Beer/Liquor License Permit Application Class C Babes Tap, 210 Division Street (Renewal) (Expires 03/15/04) (Includes Sunday Sales) Fortunes, 328 Elm Street (Renewal) (Expires 3/28/04) (Includes Sunday Sales) Legends, 2122 Kimball Avenue (Renewal) (Expires 3/27/04) (Includes Sunday Sales) Porky's Red Carpet Club, 1449 Newell Street (Expires 4/04/04) (Includes Sunday Sales) Barrister's Pub, 501 West 4th Street (Renewal) (Expires 03/31/04) e. Special Beer/Wine License Permit Application Class C Espresso Cafe Oasis, 307 West 5th Street (Renewal) (Expires 04/26/04) (Includes Sunday Sales) f. Outdoor Service Area Application Fortunes, 328 Elm Street (3/28/03 thru 03/28/04) Porky's Red Carpet, 1449 Newell Street (04/04/03 thru 04/04/04) g. Bonds. h. Going Out of Business Sale Application Retail Toys, 133 Crossroads Center-60days--thru May 31, 2003 Ayes: Seven, Councilperson Clark abstaining on all beer and liquor license permit applications. Motion carried. HEARINGS AND BIDS 117959 - Getty/Kincaid that proof of publication of notice of public hearing on the proposed F.Y. 2003 Right of Way Mowing, as published in the Waterloo Courier on March 25, 2003, be received and placed on file. Ayes: Seven. Motion carried. 117960 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Clark that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 117961 - Jordan/Welper that "Resolution confirming approval of specifications, form of contract, etc. in conjunction with F.Y. 2003 Right of Way Mowing", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-197. 117962 - Welper/Jordan that "Resolution authorizing to proceed in 'conjunction with above said project", be adopted. Ayes: Seven Resolution adopted and upon approval by Mayor assigned No. 2003-198. 117963 - Hurley/Jordan to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Option Option Option Option Option Option A B C D E F Bid price/ price/ price/ price/ price/ price/ Bidder Bond acre acre acre acre acre acre Professional Lawn Care, $3,000 $35.65 no bid no bid $30.10 $55.35 $65.00 Waterloo, IA B & B Lawn Care, $3,000 no bid $28.50 no bid $13.00 $30.00 $40.00 Waterloo, IA Ayes: Seven. Motion carried. March 31, 2003 Page 4 HEARINGS AND BIDS CONTINUED 117964 - Hurley/Jordan that proof of publication of notice of public hearing on the F.Y. 2003 Traffic Signal Materials for E. San Marnan Drive and Hammond Avenue, CS -TSF -8155(39)- 85-07, Contract No. 672, as published in the Waterloo Courier on March 18, 2003, be received and placed on file. Ayes: Seven. Motion carried. 117965 - 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: Seven. Motion carried. 117966 - Jordan/Clark that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2003 Traffic Signal Materials for E. San Marnan Drive and Hammond Avenue, CS -TSF -8155(39)-85-07, Contract No. 672", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-199. 117967 - Getty/Jordan that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-200. 117968 - Welper/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Traffic Operations for review: Bidder KWS, Inc., Cedar Falls, IA Traffic Control Corporation, High Ridge, MO Ayes: Seven. Motion carried. ADJOURNED HEARING from March 10, 2003 Bid Bond Total Bid 5% $18,981.50 $365.00 $ 7,286.00 117969 - This being the time and place of adjourned hearing on request of Robert Smith to rezone from "A-1" Agricultural District to "R-1" Residential District approximately 12.2 acres generally located south of Ranchero Road just east of the city limits line with Hudson for the purpose of a residential development the Mayor called for written and oral objections. Eric Johnson, representing Robert Smith, stated that this rezoning makes sense. Mr. Johnson stated the council's number one goal is to increase the tax base. Mr. Johnson stated he gave council members a copy of the annual taxable value chart from the Black Hawk County Auditor Office. Mr. Johnson stated the city has had some growth, but we need to increase the tax base. Mr. Johnson stated Mr. Smith's development is to build seven homes valued at $250,000 each, which will add $1.5 to $2 million to the city's tax base. Mr. Johnson stated Mr. Smith is not asking for any incentives. Mr. Johnson stated that the housing study showed that there is a shortage of houses in our area, and we need to develop other alternatives to infill. Mr. Johnson stated that the opposition from the neighbors is that the infrastructure will be stretched too thin. Mr. Johnson stated that there is police, fire, street and garbage services already in this area. Mr. Johnson stated it doesn't make sense to have development on just one side of the street. MidAmerican Energy is in this area, and the wells and septic tanks must meet health requirements. Mr. Johnson stated that the developer will put in a deed restriction that there will be no infrastructure improvements in the future. Mr. Johnson stated the neighbors don't want change, and they want to look out at an open field. Mr. Johnson stated that the rezoning has been recommended for approval by Planning staff and the Planning, Programming and Zoning Commission. Mr. Johnson stated that 16 people are against this rezoning, but we also need to take into account the other 68,000 citizens. Mr. Johnson stated he feels this development would be in the best interest of Waterloo as it will increase the tax base, no incentives are being requested, it will help with the housing shortage and it has been approved by the Engineering Department and Planning staff. • • March 31, 2003 • • ADJOURNED HEARING FROM MARCH 10, 2003 CONTINUED Page 5 Bob Manning stated he supports this rezoning. Mr. Manning stated he works for a bank which does construction loans. Mr. Manning told about a gentleman who wanted to buy a home but none were available. Mr. Manning stated that his street was closed because of the Local Option Tax and for a while the residents could not go through his street. The neighbors decided they wanted to keep this cul-de-sac forever, but they had to reopen the street and tie into 4th Street. Mr. Manning stated this is what happens when you live in a city. Mr. Manning stated that construction is one of the best industries in our city and supports a lot of people. Mr. Manning asked the council to adopt this ordinance. Jordan/Getty 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. 117970 - Jordan/Greenwood that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 338 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Four. Nays: Welper, Clark, Hurley. Motion failed. HEARINGS 117971 - Jordan/Hurley that proof of publication of notice of public hearing on request to rezone from "M-1" Light Industrial District to "R-2" One and Two Family Residence District property generally located in Blowers Addition bounded by Milton Street, Lafayette Street, Fay Street and Blowers Avenue, as published in the Waterloo Courier on March 19, 2003, be received and placed on file. Ayes: Seven. Motion carried. 117972 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. The owner of one of the residences stated that everyone should take pride in their property and make improvements. He stated that he wanted to sell his property, but the buyer's mortgage company would not make a loan on the property because of the "M-1" zoning. He stated he was suppose to close on the property a month ago. He asked the council to pass the ordinance. He stated there are no objections from the neighborhood, and most of them didn't realize if their house burned down they could not rebuild it. Getty/Kincaid 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. 117973 - Hurley/Jordan that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 338 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 117974 - Jordan/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 117975 - Welper/Jordan that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 338 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4601. March 31, 2003 UNFINISHED BUSINESS 117976 - Getty/Welper Page 6 that communication from Director of Waterloo Housing Authority transmitting recommendation of award of contract in the amount of $134,515.00 to Meyers Sheet Metal Works of Waterloo, Iowa, in conjunction with Replacement of Heating/Air Conditioning Units at 225 W. Ridgeway Avenue, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-201. DOCUMENTS 117977 - Hurley/Greenwood that communication from General Manager of the Waterloo Water Works transmitting Release of Real Estate Mortgage for Russell and Marla Betts, 9140 Kimball Avenue, in conjunction with Kimball South Rural Water Main Project be received, placed on file and "Resolution approving said release of real estate mortgage", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-202. 117978 - Hurley/Greenwood that communication from General Manager of the Waterloo Water Works transmitting Release of Real Estate Mortgage for Blaine and Judith Miller, 7100 Kimball Avenue, in conjunction with Kimball South Rural Water Main Project be received, placed on file and "Resolution approving said release of real estate mortgage", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-203. 117979 - Clark/Jordan that communication from Police Chief transmitting F.Y. 2003 Edward Byrne Memorial Grant Application with the Governor's Office of Drug Control Policy for funding of the Tri -County Drug Enforcement Task Force for a total grant in the amount of $455,624.00, with city's portion of $220,324.00 with 25 percent match of $55,081.00, be received, placed on file and "Resolution approving said grant application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-204. 117980 - Clark/Jordan that communication from Associate Planner transmitting application for Philip Douglas for tax exemptions on improvements totaling $43,600.00 for property located at 905 Cedar Bend 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 assigned No. 2003-205. 117981 - Jordan/Welper that communication from Director of Waterloo Housing Authority transmitting Contracts in the amount of $134,515.00 from Meyers Sheet Metal Works of Waterloo, Iowa, in conjunction with Replacement of Heating/Air Conditioning Units at 225 W. Ridgeway Avenue, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-206. 117982 - Hurley/Jordan that communication from Associate Engineer transmitting Supplemental Agreement No. 5 with Parsons Transportation Group, Inc. of Minneapolis, Minnesota, at a cost of $88,300.25 for construction related services in conjunction with San Marnan Drive Traffic Improvements - Phase II, STP -U-8155(657)-70-07, Contract No. 667, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. • • March 31, 2003 DOCUMENTS CONTINUED Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood asked where the Marnan Drive intersection. Sandie Greco, reported that they contacted Covenant and Following comments a vote was taken on result. Ayes: Seven. Page 7 city is at with the Highway 21/San Superintendent of Traffic Operations, are waiting to hear back from them. the above motion with the following Resolution adopted and upon approval by Mayor assigned No. 2003-207. 117983 - Jordan/Clark that Iowa Department of Transportation Adopt -a -Highway Application to allow Cedar Valley Lion's Club to pick up trash on Highway 63 from north of Highway 20/Highway 63 intersection two miles south, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-208. 117984 - Jordan/Clark that Iowa Department of Transportation Adopt -a -Highway Application to allow Evansdale Amvets Post 31 to pick up trash on Highway 63 south from University Avenue to the former dog track be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-209. 117985 - Jordan/Clark that Iowa Department of Transportation Adopt -a -Highway Application to allow Evansdale Amvets Sons Post 31 to pick up trash on Highway 63 from the former dog track two miles south be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-210. RESOLUTIONS TO BE ADOPTED 117986 - Jordan/Welper that "Resolution authorizing certification against property taxes certain unpaid mowing and lot cleanup fees", be adopted and City Clerk instructed to notify the Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-211. 117987 - Hurley/Jordan that "Resolution supporting Iowans called to duty by urging the Iowa Legislature to make supporting Iowans called to duty a top priority and supporting the ten -point Service Member Support Agenda, which includes delaying filing of taxes, helping Iowans called to service deal with leases, tuition rebates for students forced to leave classes for the military, allowing service members to deduct military expenses and the elimination of state taxes on death benefits", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-212. ORDINANCES TO BE ADOPTED 117988 - Jordan/Getty that "an Ordinance amending Ordinance No. 3842, adopting the 2003 Traffic Code for the City of Code)", be received, placed on file, considered Ayes: Seven. Motion carried. 117989 - Clark/Jordan known as the Traffic Code, by Waterloo (updating the Traffic and passed for the first time. that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. March 31, 2003 Page 8 ORDINANCES TO BE ADOPTED CONTINUED 117990 - Welper/Jordan that "an Ordinance amending Ordinance No. 3842, known as the Traffic Code, by adopting the 2003 Traffic Code for the City of Waterloo (updating the Traffic Code)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4602. 117991 - Hurley/Jordan that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Article C, Peddlers, Solicitors and Transient Merchants, of Chapter 4, Businesses Relating to Sales, of Title 3, Business & License Regulations; and enacting in lieu thereof new Article C, Peddlers, Solicitors and Transient Merchants, of Chapter 4, Businesses Relating To Sales, of Title 3, Business & License Regulations (changes to transient merchants)", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood stated that he has received the correspondence on the state's policy on transient merchants. Councilperson Greenwood stated that this is a good ordinance, but it should be more restrictive, and we need to protect the small businesses in the city. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 117992 - Jordan/Greenwood that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 99 to Section 2A -7N, Conditional Zoning Certain Property" in conjunction with request of John Dixon to rezone from "R- 2" One and Two Family Residence to "C -1,C -Z" Conditional Commercial District property generally located at the northwest corner of Grandview Avenue and W. Parker Street to allow for a warehouse facility, be received, placed on file, considered and passed for the second time. Prior to a vote on the above motion, the following comments were heard. Mrs. Charles Bentley, 701 West Parker Street, stated she feels it is in bad taste for someone to get a petition at the last minute. Ms. Bentley stated that as of last Thursday 50 percent of the property owners within 250 feet radius of the property are opposed to the rezoning. Ms. Bentley stated that the Dixons do not live in the neighborhood. Ms. Bentley stated that the council should cancel out the signatures of those signing both petitions. Ms. Bentley stated that the property was zoned "R-2" when Mr. Dixon purchased the property. Mrs. Bentley stated that this rezoning request has divided the neighborhood. Ms. Bentley asked that the council not take away the rights of the majority. Paula Dixon, owner of the property, stated that the only reason they are requesting this rezoning is because they have had several inquiries to purchase the property, but that the financial institutions will not finance a loan because of the "R-2" zoning. They have also had trouble with the insurance companies. Ms. Dixon stated that on January 16, 2003 she gave the money to the Planning and Zoning office for the rezoning request, and she called Shirley Bentley on January 17, 2003 to let her know what they were going to do. On January 18, 2003, Ms. Bentley was already getting signatures on the petition, and she told people what she wanted them to hear; that the value of their property would go down and their taxes would go up. Ms. Dixon stated that Parker Street has semi -trucks on it all day long, with Weyerhaeuser, Lehman Trucking and others in the area. Ms. Dixon stated she doesn't know where they are coming from saying that this is a quiet neighborhood. Ms. Dixon asked the council to consider this rezoning request. Rick Gerstenkorn, 1216 Grandview Avenue, stated he has lived in this neighborhood all his life, his parents live within 250 feet of the applicant's property and he see so problem with the rezoning. Mr. Gerstenkorn stated if the building is boarded up, he fears it could become a dumping site and a rodent problem. Mr. Gerstenkorn stated he feels the Dixons have the right to rezone their property. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Clark. Motion carried. • • March 31, 2003 • • ORDINANCES TO BE ADOPTED CONTINUED 117993 - Getty/Jordan Page 9 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nays: Clark. Motion carried. 117994 - Jordan/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 99 to Section 2A -7N, Conditional Zoning Certain Property", be considered and passed for the third time and adopted. Ayes: Six. Nays: Clark. Ordinance adopted and upon approval by Mayor assigned No. 4603. BILLS PAYMENT 117995 - Jordan/Greenwood that "Resolution approving Schedule AP640, pp. 1-62, dated March 31, 2003, in the amount of $1,878,933.87 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. 2003-213. NEW BUSINESS 117996 - Hurley/Welper that communication from General Manager of the Waterloo Water Works transmitting request to certify the amount of $1,305.77 for work performed by the Water Works at 221 Thompson Avenue, together with recommendation of approval of 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-214. 117997 - Hurley/Welper that communication from General Manager of the Waterloo Water Works transmitting request to certify the amount of $3,500.00 for work performed by the Water Works at 1525 Byron Avenue, together with recommendation of approval of 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-215. 117998 - Getty/Jordan that communication from Superintendent of Streets transmitting request to seek bids for various asphalt emulsion/bituminous products used in conjunction with the Oiling, Seal Coating, Chip Sealing, Fog Sealing and Crack Sealing Programs be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-216. 117999 - Kincaid/Hurley that communication from Superintendent of Traffic Operations transmitting request to remove lights on six city -owned street light poles and service on Mobile Street from Douglas Street to Shilliam Avenue, install 250 watt HPS on the corner of Shilliam Avenue and Mobile Street, Albany and Mobile Streets and Merriman and Mobile Streets, change the 100 watt HPS light at Douglas and Mobile Streets to 250 watt HPS, install 250 HPS light on the curve of Mobile Street from Martin Luther King Jr. Drive to Douglas Street and install 100 watt HPS street light at Newell and Dennis Streets, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify MidAmerican Energy of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2003-217. March 31, 2003 Page 10 ADJOURNMENT 118000 - Jordan/Clark that the Council adjourn at 6:35 p.m. Ayes: Seven. Motion carried. NancEckert City Clerk