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HomeMy WebLinkAboutMinutes-05/17/2004May 17, 2004 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, My 17, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Clark, Schmitt, Gunderson, Welper. Absent: Greenwood. Moment of Silence. Pledge of Allegiance: Councilperson Carolyn Cole 119867 - Welper/Kincaid that the Agenda, as amended, for the Regular Session on Monday, May 17, 2004, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 119868 - Welper/Gunderson that the Minutes, as proposed, for the Regular Session on Monday, May 10, 2004, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. Mayor Hurley read a Proclamation declaring May 29, 2004 as KOKZ Cool 105.7 Fourth Street Cruise Day. Mayor Hurley asked anyone with a pager or cell phone to put it on the silent mode or shut off. Mayor Hurley stated that he is moving the oral presentations to the end of the council meeting. Mayor Hurley stated he has been asking other large cities how they handle oral presentations, and there seems to be more effective input from the citizens by putting oral comments at the end of the meeting. CONSENT AGENDA 119869 - Welper/Gunderson that the following items on the consent agenda be received, placed on file and approved: a. Resolution to approve the following: 1. Communication from City Engineer transmitting request of Darlene Lyons for a waiver for a concrete driveway to be located at 708 Cedar Bend Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2004-308. 2. Communication from City Engineer transmitting request of Rod Emery for a waiver for a concrete driveway to be located at 330 Norris Court, together with recommendation of approval. Resolution adopted and upon approval by Mayor assigned No. 2004-309. 3. Communication from Police Chief transmitting request of Kelly Engelken to hold My Waterloo Days June 3-6, 2004, including People in the Park on June 3, 2004, My Waterloo Days Parade and People in the Park on June 4, 2004 Dancin' Downtown and Fireworks Extravaganza on June 4, 2004 and Fun Run on June 5, 2004, including closure of numerous streets. Resolution adopted and upon approval by Mayor assigned No. 2004-310. b. Beer/Liquor License Permit Application Class C Pat's Tavern, 303 West 4th Street (Renewal) (Expires 5/20/05) (Includes Sunday Sales) Southtown Lounge, 2026 Bopp Street (Renewal) (Expires 6/7/05) (Includes Sunday Sales) Neighborhood Corner Spot, 735 Logan Avenue (New) (Expires 7/1/05) (Includes Sunday Sales) c. Bonds. Ayes: Six. Absent: Greenwood. Motion carried. May 17, 2004 Page 2 HEARINGS 119870 - Gunderson/Cole that proof of publication of notice of public hearing on the Sidewalk Inspection and Repair Program - Zone 4, as published in the Waterloo Courier on April 29, 2004 and May 6, 2004, be received and placed on file.Ayes: Six. Absent: Greenwood. Motion carried. 119871 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. The owner of Waterfalls Car Wash, 203 Jefferson Street, asked if the sidewalks located in the moratorium are still under the sidewalk repair program. Eric Thorson, City Engineer, responded yes, as the program deals with safety and liability issues involved in the sidewalks. Mr. Thorson stated the sidewalk repair program helps keep property in good maintenance condition and helps with the value if the property owner decides to sell the property. Welper/Schmitt that the hearing be closed and oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 119872 - Schmitt/Cole that "Resolution authorizing proposed repairs to the sidewalks", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-311. 119873 - Welper/Gunderson that proof of publication of notice of public hearing on the issuance of not to exceed $19,900,000.00 Sewer Revenue Refunding Bonds, as published in the Waterloo Courier on May 5, 2004, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 119874 - This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. Welper/Kincaid that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 119875 - Welper/Gunderson that "Resolution instituting proceedings to take additional action for the issuance of said bonds", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-312. 119876 - Welper/Gunderson that proof of publication of notice of public hearing on a Loan Agreement and issuance of not to exceed $500,000.00 General Obligation Capital Loan Notes, as published in the Waterloo Courier on May 5, 2004, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 119877 - This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. Welper/Kincaid that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 119878 - Welper/Gunderson that "Resolution instituting proceedings to take additional action for authorization of said loan agreement and issuance of said capital loan notes", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-313. • 11 May 17, 2004 Hearings - continued 119879 - Clark/Schmitt Page 3 that proof of publication of notice of public hearing on the issuance of not to General Obligation Bonds for an Essential Corporate in the Waterloo Courier on May 5, 2004, be received and Six. Absent: Greenwood. Motion carried. exceed $3,300,000.00 Purpose, as published placed on file. Ayes: 119880 - This being the time and place of public hearing, and oral comments and there were none. Welper/Kincaid that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. the Mayor called for written 119881 - Gunderson/Welper that "Resolution instituting proceedings issuance of said bonds", be adopted. Ayes: to take additional action for the Six. Absent: Greenwood Resolution adopted and upon approval by Mayor assigned No. 2004-314. 119882 - Clark/Schmitt that proof of publication of notice of public hearing on the issuance of not to exceed $1,100,000.00 General Obligation Bonds for an Essential Corporate Purpose, as published in the Waterloo Courier on May 5, 2004, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 119883 - This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. Welper/Kincaid that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 119884 - Gunderson/Welper that "Resolution instituting proceedings to take additional action for the issuance of said bonds", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-315. 119885 - Clark/Schmitt that proof of publication of notice of public hearing on the issuance of not to exceed $6,900,000.00 General Obligation Refunding Bonds for an Essential Corporate Purpose, as published in the Waterloo Courier on May 5, 2004, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 119886 - This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. Welper/Kincaid that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 119887 - Gunderson/Welper that "Resolution instituting proceedings to take additional action for the issuance of said bonds", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-316 119888 - Clark/Schmitt that proof of publication of notice of public hearing on the issuance of not to exceed $430,000.00 General Obligation Bonds for an Essential Corporate Purpose, as published in the Waterloo Courier on May 5, 2004, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 119889 - This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. Welper/Kincaid May 17, 2004 Page 4 Hearings - continued 119890 - Gunderson/Welper that "Resolution instituting proceedings to take additional action for the issuance of said bonds", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-317. 119891 - Schmitt/Cole that proof of publication of notice of public hearing on the issuance of not to exceed $695,000.00 General Obligation Bonds for a General Corporate Purpose, as published in the Waterloo Courier on May 5, 2004, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 119892 - This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. Welper/Kincaid that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 119893 - Welper/Kincaid that "Resolution instituting issuance of said bonds", be Greenwood. proceedings to take additional action for the adopted. Ayes: Six. Absent: Six. Absent: Resolution adopted and upon approval 119894 - Schmitt/Cole by Mayor assigned No. 2004-318 that proof of publication of notice of exceed $610,000.00 General Obligation published in the Waterloo Courier on file. Ayes: Six. Absent: Greenwood. public hearing on the issuance of not to Bonds for a General Corporate Purpose, as May 5, 2004, be received and placed on Motion carried. 119895 - This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. Welper/Kincaid that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 119896 - Welper/Kincaid that "Resolution instituting proceedings to take additional action for the issuance of said bonds", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-319. 119897 - Schmitt/Cole that proof of publication of notice of public hearing on the issuance of not to exceed $380,000.00 General Obligation Bonds for a General Corporate Purpose, as published in the Waterloo Courier on May 5, 2004, be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. 119898 - This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. Welper/Kincaid that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 119899 Welper/Kincaid that "Resolution instituting proceedings to take additional action for the issuance of said bonds", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-320. 119900 - Schmitt/Cole that proof of publication of notice of public hearing on the issuance of not exceed $525,000.00 General Obligation Bonds for a General Corporate Purpose, published in the Waterloo Courier on May 5, 2004, be received and placed file. Ayes: Six. Absent: Greenwood. Motion card. to as on May 17, 2004 Page 5 Hearings - continued 119901 - This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. Welper/Kincaid that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 119902 - Welper/Kincaid that "Resolution instituting proceedings to take additional action for the issuance of said bonds", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-321. PETITIONS FROM PUBLIC 119903 - Kincaid/Clark that communication from City Planner transmitting request of Willard R. Frost to sell and convey for $3,250.00 per acre disposal parcels acquired as part of the Martin Luther King Jr. project, be received, placed on file and "Resolution setting date of hearing as June 7, 2004 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. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-322. 119904 - Kincaid/Clark that communication from City Planner transmitting request of Louis and Teresa Schmitz to rezone from "A-1" Agricultural District to "M -2,P" Planned Industrial District property generally located just south of Tyson Foods along Martin Luther King Jr. Drive and west of North Elk Run Road for the purpose of future industrial development, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 7, 2004 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. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-323. 119905 - Kincaid/Clark that communication from City Planner transmitting request of Willard R. Frost to rezone from "A-1" Agricultural District to "M -2,P" Planned Industrial District property generally located just southwest of Tyson Foods between Martin Luther King Jr. Drive and Independence Avenue for the purpose of future industrial development, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 7, 2004 on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No 2004-324. 119906 - Kincaid/Clark that communication from City Planner transmitting request of Kwik Trip Corporation for a site plan amendment to the "S-1" Shopping District for property generally located at 324 Fletcher Avenue and Highway 63 to add two automatic carwash bays, together with recommendation of denial of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 7, 2004 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. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-325. REPORTS 119907 - Gunderson/Schmitt that communication from Community Planning and Development Director transmitting Capital Improvements Program for Fiscal Year 2005-2009, be received, placed on file and "Resolution approving said Capital Improvements Program", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-326. May 17, 2004 DOCUMENTS Page 6 119908 - Welper/Gunderson that communication from Building Official/Maintenance Administrator transmitting Change Order No. 1 for a net increase of $1,075.00 for work performed by Don Gardner Construction Co. of Waterloo, Iowa in conjunction with City Hall Restroom/Locker Room Renovation, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Motion carried. 119909 - Cole/Schmitt that communication from Police Chief transmitting an application for Target Stores 2004 Community Giving Program for a grant to be used for the Domestic Abuse Response Team (DART), be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-327. 119910 - Cole/Schmitt that communication from City Engineer transmitting an agreement with Waterloo Community School District for right-of-way access to construct, maintain and locate a fiber optic cable in Katoski Drive and Greenhill Road right-of-ways to connect Central Middle School Main Distribution Frame to the Area Education Agency 267 Building, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-328. 119911 - Cole/Schmitt that communication from Associate Planner transmitting request from Iowa Heartland Habitat for Humanity for tax exemptions on improvements totaling $80,00.00 for property located at 504 Linden Avenue in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to forward same to Black Hawk County Assessor. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-329. 119912 - Cole/Schmitt that communication from Associate Planner transmitting request from Bobbie and Mark Jefferson for tax exemptions on improvements totaling $43,000.00 for property located at 1302 Vine Street in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to forward same to Black Hawk County Assessor. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-330. 119913 - Cole/Schmitt that communication from Superintendent of Traffic Operations transmitting grants received from the Iowa Department of Transportation in the amount of $144,000.00 for Iowa 21 (Hawkeye Road) at East Orange Road to add turn bays to 21 and upgrade traffic signals, $20,000.00 for Broadway Street and Park Road to change pedestal to mast arm signals, and $98,000.00 for University Avenue and Ansborough Avenue to change protected only phase and extend turn bays on University Avenue, be received, placed on file "Resolution accepting said grants", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-331. 119914 - Cole/Schmitt that communication from Associate Engineer transmitting plans in conjunction with F.Y. 2004 Sergeant Road Trail Paving, NRT-NT03(7)-9G-07, STP -E -8155(670)- 8V-07, Contract No. 668, as prepared by the Waterloo Engineering Department, be received, placed on file and "Resolution approving said plans", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-332. • • May 17, 2004 • • Documents - continued 119915 - Cole/Schmitt Page 7 that communication from Leisure Services Director transmitting five-year agreement with Northwest Sports, Inc. to lease Young Arena, with five-year renewal option, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-333. RESOLUTIONS TO BE ADOPTED 119916 - Schmitt/Gunderson that "Resolution naming a private street generally located west of the 1600 block of Pleasant Valley Drive as Addison Court", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-334. 119917 - Schmitt/Gunderson that "Resolution naming a private street generally located north of the 1500 block of Pleasant Valley Drive as Brayden Lane", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-335. BILLS PAYMENT 119918 - Clark/Gunderson that "Resolution approving Schedule AP640, pp. 1-77, dated May 17, 2004, in the amount of $1,834,128.67, 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. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-336. NEW BUSINESS 119919 - Kincaid/Cole that communication from Community Planning and Development Director transmitting Amendment No. 1 to the Rath Urban Renewal and Redevelopment Plan to include the area near the 18th Street Bridge, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 14, 2004 at 5:30 p.m. in the City Hall Council Chambers on the above said Amendment No. 1", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2004-337. ORAL PRESENTATIONS 119920 - Tom Hall, 6237 Lafayette Street, thanked Mayor Hurley, council members and Police Chief Tom Jennings and Fire Chief Ned DeBerg for being so nice and helping him. Mr. Hall invited everyone to the July 4 party. Charles Pearson, 1615 Woodmayr Drive, reported he is putting together a basketball tournament for July 4, 2004, and he asked if there is a document saying organizations need approval of neighborhood associations to host events in city parks. Mr. Pearson stated he needs to know so next time he gets the neighborhood association's approval ahead of time. Mr. Pearson stated he has a problem with being required to get approval of the neighborhood association when a gentlemen who is holding a tournament on the same day appeared before the Leisure Services Commission, and he did not need approval of his neighborhood association. Police Chief Tom Jennings stated that in these two instances, one is a for- profit organization and one is a non-profit organization; one organization wants to serve alcohol, the other does not; one organization is holding the event from 8:00 a.m. to 5:00 p.m. and the other organization's event is scheduled to 10:00 p.m. The neighborhood association in the area has addressed council members regarding holding events that late at night and allowing alcohol to be served. May 17, 2004 Page 8 Oral Presentations - continued Mr. Pearson stated that with the other festivities, such as Main Street Waterloo, he noticed that a lot of people benefit from these events, but on the east side of Waterloo a lot of people are missing out on the money. Mr. Pearson stated his request to hold the event in the park and to be allowed to serve alcohol ran into a brick wall, but the non-profit organization has no problem. Mr. Pearson asked what is the difference between profit and non-profit. Mr. Pearson stated revenue he collects from the sale of alcohol would help his other events. Mayor Hurley commented that Mr. Pearson is asking the city to endorse a for- profit enterprise and he does not know if the city has the right to do that. Jim Walsh, City Attorney, stated it sounds like there would be a liquor license involved, and the city has allowed alcohol in parks for certain events when the whole community benefits. Mr. Walsh stated there is no rule that says only non- profit, but if Mr. Pearson is truly a non-profit then he needs to get a lawyer and become a non-profit organization. Mr. Pearson stated there seems to be different rules for the east side of town. Mr. Hurley responded that no decision can be made tonight. Mr. Pearson asked for support from Councilperson Kincaid. Councilperson Gunderson stated he has some concerns from last week's oral comments. Ms. Creighton brought up the issue of dollar amount of damage. Chief Jennings responded that the investigation is continuing and information will be forwarded to the Black Hawk County Attorney. Chief Jennings stated that it appears the damage was over $1,000.00, and the estimates made by Officer Frisch. Councilperson Gunderson asked what kind of human relations are available to the officers. Chief Jennings responded police officers have attended Urban Potential for 25 years, the Police Department works with NAACP and Human Rights with Study Circles, and diversity training with the NAACP and Human Rights. Chief Jennings noted that there are actually three trainings this month, and it is mandatory training for the entire department. Councilperson Gunderson stated that at last week's council meeting, Joyce Wilder brought up a complaint she filed with the Iowa Civil Rights Commission, and he asked how many complaints have been filed against the Police Department over the years and how many of the complaints have been affirmed by the Iowa Civil Rights Commission. Chief Jennings responded there have been numerous complaints filed with the Iowa Civil Rights Commission, but he does not know of any complaints that have been affirmed by the Iowa Civil Rights Commission. Schmitt/Clark that the above oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. ADJOURNMENT 119921 - Welper/Cole that the Council adjourn at 6:15 p.m. Ayes: Six. Absent: Greenwood. Motion carried. ncyckert, CMC City Clerk • •