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HomeMy WebLinkAboutMinutes-09/07/2004September 7, 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 Tuesday, September 7, 204. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Schmitt, Gunderson, Welper. Absent: Clark. Moment of Silence. Pledge of Allegiance: Carol French -Johnson, Library Director. 120341 - Welper/Kincaid that the Agenda, as amended to delete Item Nos. 8 andllf Club 319, for the Regular Session on Tuesday, September 7, 2004, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Clark. Motion carried. 120342 - Welper/Kincaid that the Minutes, as proposed, for the Regular Session On Monday, August 23, 2004, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Clark. Motion carried. Mayor Hurley read a proclamation declaring September 204 as Life Insurance Awareness Month. Mayor Hurley introduced Dennis Clark as Manager of Waterloo Water Works. Mayor Hurley recognized Walter Reed and the Waterloo Human Rights Commission for award from State of Iowa on Civil Rights. CONSENT AGENDA 120343 - Welper/Kincaid that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP640, pp. 1-86[ dated September 7, 2004, in the amount of $1,617,043.14, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2004-586. 2. Communication from Police Captain transmitting request of Exchange Club of Waterloo to hold Healing Field event on September 10-12, 2004, at Veteran's Memorial Hall, including blocking off Cedar Street between W. 4th Street and W. 5th Street. Resolution adopted and upon approval by Mayor assigned No. 2004-587. b. Motion to approve the following: 1. Robert Greenlee and Cliff Caughron, Police Officers, to attend Partnership in Safe Schools training in St. Louis, Missouri, on September 13-16, 2004, with costs not to exceed $375.00, including use of city vehicle. 2. Gladys Rainey, Housing Coordinator; and John Lenius, Housing Inspector; to attend IAHO HQS Certification 'Training in Waterloo, Iowa, on October 6-8, 2004, with costs not to exceed $700.00. 3. Kris Hoelscher, Joshua Wessels and David Bovy, Police Officers, to attend Field Training Officer Certification Course in Appleton, Wisconsin, on October 10-15, 2004, with costs not to exceed $2,665.00, including use of city vehicle. 4. Kent Shankle, Curator, to travel to Danville, Illinois on August 31, 2004, to deliver art exhibition, with costs ndt to exceed $275.00, including use of city vehicle. 5. Brad Hagen, Airport Director, to attend Management in Organizations class in Cedar Rapids, Iowa, on Saturdays from ,August 28 -November 6, 2004, with costs not to exceed $1,011.00, including use of city vehicle. September 7, 2004 Page 2 CONSENT AGENDA CONTINUED c. Beer/Wine License Application Special Class C Zio Johno's Spaghetti House, 900 LaPorte Road (Renewal) (Expires 10/3/05) (Includes Sunday Sales) Wishbone, Inc., 201-205 W. 18th Street (Renewal) (Expires 9/14/05) (Includes Sunday Sales) d. Beer License Permit Application Class C Sunrise, 1027 E. 4th Street (New) (Expires 9/15/05) (Includes Sunday Sales) Citgo Mart, 515 Broadway Street (New) (Expires 9/7/05) (Includes Sunday Sales) Wal-Mart Supercenter, 1334 Flammang Drive (Renewal) (Expires 9/30/05) (Includes Sunday Sales) e. Wine License Permit Application Class B Sunrise, 1027 E. 4th Street (New) (Expires 9/15/05) (Includes Sunday Sales) Citgo Mart, 515 Broadway Street (New) (Expires 9/7/05) (Includes Sunday Sales) Wal-Mart Supercenter, 1334 Flammang Drive (Renewal) (Expires 9/30/05) (Includes Sunday Sales) f. Beer/Liquor License Permit Application Class C Shad's Place, 110 E. 11th Street (Renewal) (Expires 9/4/05) (Includes Sunday Sales) g Liquor License Permit Application Class E Wal-Mart Supercenter, 1334 Flammang Drive (Renewal) (Expires 9/30/05) (Includes Sunday Sales) h. Cigarette License Permit Application Sunrise, Inc., 1027 East 4th Street Citgo Mart, 515 Broadway Street Ayes: Six, with Councilperson Cole abstaining on Item 9611 in the amount of $495.00 and Councilperson Schmitt abstaining on Item 9610 in the amount of $495.00. Absent: Clark. Motion carried. HEARINGS 120344 - Kincaid/Cole that proof of publication of notice of public hearing on Springview Park Playground Equipment With Total Budget of $40,000.00, as published in the Waterloo Courier on August 30, 2004, be received and placed on file. Ayes: Six. Absent: Clark. Motion carried. 120345 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed. Ayes: Six. Absent: Clark. Motion carried. 120346 - Kincaid/Cole that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Springview Park Playground Equipment With Total Budget of $40,000.00", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-588. 120347 - Kincaid/Schmitt that "Resolution ordering construction in conjunction with above project", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-589. • • September 7, 2004 HEARINGS CONTINUED 120348 - Kincaid/Schmitt Page 3 that "Resolution approving proposal from Gazaway and Associates for Miracle Equipment in the amount of $33,000.00 in conjunction with Springview Park Playground Equipment", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No 2004-590. 120349 - Schmitt/Cole that proof of publication of notice of public hearing on request of NCN Limited to vacate, sell and convey for $1.00 city right-of-way generally located northeast of the former Winterbottom building along Westfield Avenue, as published in the Waterloo Courier on August 30, 2004, be 'received and placed on file. Ayes: Six. Absent: Clark. Motion carried. 120350 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Six. Absent: Clark. Motion carried. 120351 - Schmitt/Cole that "an Ordinance vacating city right-of-way generally''. located northeast of the former Winterbottom building along Westfield Avenue", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Clark. Motion carried 120352 - Schmitt/Cole that rules requiring ordinances to be considered and votJed for passage at two prior meetings be suspended. Ayes: Six. Absent: Clark. Motion carried 120353 - Schmitt/Kincaid that "an Ordinance vacating city right-of-way generally located northeast of the former Winterbottom building along Westfield Avenue", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Clark. Ordinance adopted and upon approval by Mayor assigned No. 4712. 120354 - Schmitt/Cole that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Absent: Clark. Resolution adopted and upon approval of Mayor assigned No. 2004-591. 120355 - Schmitt/Kincaid that "Resolution approving Development Agreement with NCN Limited", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Don Temeyer, Community Planning & Development Director, reported that NCN Limited has plans to develop the building into condds. NCN Limited is requesting that the property be conveyed to them for, $1.00, which is in accordance with the Sale of City Property Policy as it wquld appear that taxes paid on the proposed development would pay the assessed value within five years. If NCN Limited does not proceed with the plans, they would have to pay the city the assessed value or the property would revert back to the city. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-592. September 7, 2004 Page 4 HEARINGS CONTINUED 120356 - Gunderson/Schmitt that proof of publication of notice of public hearing on request of Bill Ramsey to vacate, sell and convey for $1.00 city right-of-way generally located on Home Park Boulevard, south of Lot 12 and the west 20 feet of Lot 13 in Lewis Miller's Small Farms Addition, as published in the Waterloo Courier on August 30, 2004, be received and placed on file. Ayes: Six. Absent: Clark. Motion carried. 120357 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Kincaid that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Six. Absent: Clark. Motion carried. 120358 - Gunderson/Schmitt that "an Ordinance vacating city right-of-way generally located on Home Park Boulevard, south of Lot 12 and the west 20 feet of Lot 13 in Lewis Miller's Small Farms Addition", 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. Don Temeyer, Community Planning & Development Director, reported that Bill Ramsey is proposing to purchase the property for $1.00, which is in accordance with the Sale of City Property Policy as it would appear that the taxes paid on the proposed development would pay the assessed value within five years. If Mr. Ramsey does not proceed with the plans, he would have to pay the city the assessed value or the property would revert back to the city. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Clark. Motion carried. 120359 - Gunderson/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Clark. Motion carried 120360 - Gunderson/Cole that "an Ordinance vacating city right-of-way generally located on Home Park Boulevard, south of Lot 12 and the west 20 feet of Lot 13 in Lewis Miller's Small Farms Addition", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Clark. Ordinance adopted and upon approval by Mayor assigned No. 4713. 120361 - Gunderson/Schmitt that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Absent: Clark. Resolution adopted and upon approval of Mayor assigned No. 2004-593. 120362 - Gunderson/Schmitt that "Resolution approving Development Agreement with Bill Ramsey", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-594. 120363 - Gunderson/Schmitt that proof of publication of notice of public hearing on request of Brent and Charlotte Williams to sell and convey property generally located along Black Hawk Road, Huntington Park Lots 10 and 11 for $750.00, as published in the Waterloo Courier on August 30, 2004, be received and placed on file. Ayes: Six. Absent: Clark. Motion carried. • • September 7, 2004 HEARINGS CONTINUED Page 5 120364 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Greenwood that the hearing be closed. Ayes: Six. Absent: Clark. Motion carried. 120365 - Gunderson/Schmitt that "Resolution authorizing said sale and conveyance" be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No 2004-595. 120366 - Gunderson/Schmitt that "Resolution approving Development Agreement with, Brent and Charlotte Williams", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Don Temeyer, Community Planning & Development Director, reported that Brent and Charlotte Williams are proposing to purchase the property for $750.00 to build a single-family home, which is in accordance with the Sale of City Property Policy as it would appear that the taxes paid on the proposed development would pay the assessed value within five years. If they do not proceed with the plans, they would have to pay the city the assessed value or the property would revert back to the city. Following comments a vote was taken on the above motion with the following result: Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No 2004-596. 120367 - Greenwood/Kincaid that proof of publication of notice of public hearing on request of Mary Gifford to sell and convey for $1.00 an alley generally located between 1309 and 1317 West 11th Street, as published in the Waterloo, Courier on August 30, 2004, be received and placed on file. Ayes: Six. A1sent: Clark. Motion carried. 120368 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Don Temeyer, Community Planning & Development Director, reported that the Building & Grounds Committee denied this request. Thejrequest does not meet the Sale of Property Policy. Welper/Kincaid that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Clark. Motion carried. 120369 - Greenwood/Schmitt that "an Ordinance vacating an alley generally locatedjbetween 1309 and 1317 West 11th Street", be received, placed on file, consideied and passed for the first time. Ayes: One. Nays: Kincaid, Cole, Schmitt, Gunderson, Welper. Absent: Clark. Motion failed. UNFINISHED BUSINESS 120370 - Gunderson/Welper that communication from Associate Engineer transmitting tecommendation of award of contract in the amount of $492,815.32 to Aspro, Inc. & Subsidiaries of Waterloo, Iowa, in conjunction with F.Y. 2004 Sergeat Road Trail Paving, Contract No. 668, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-597. September 7, 2004 PETITIONS FROM PUBLIC 120371 - Gunderson/Welper Page 6 that communication from Senior Planner transmitting request of J & T Development, LLC to vacate, sell and convey for $1.00 the 16 foot platted alley generally located along 200 East Arlington Street at the old Roosevelt School be received, placed on file and "Resolution setting date of hearing as September 20, 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: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-598 120372 - Gunderson/Welper that communication from City Planner transmitting request of Kay King to sell and convey city -owned property generally located along Conger Street Grandview Place Lot 20 Block 4 for $2,400.00 be received, placed on file and "Resolution setting date of hearing as September 27, 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: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-599. 120373 - Gunderson/Welper that communication from Senior Planner transmitting request of Terry Lichty to vacate 8 foot utility easement generally located at 4750 Winghaven Drive for the purpose of constructing a single -stall garage be received, placed on file and "Resolution setting date of hearing as September 27, 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: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-600. 120374 - Gunderson/Welper that communication from Senior Planner transmitting request of Roosevelt Roby Jr. to vacate, sell and convey Beech Street generally located south of Douglas and north of Martin Luther King Jr. Drive for $1.00 be received, placed on file and "Resolution setting date of hearing as September 27, 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: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-601. 120375 - Welper/Kincaid that communication from City Planner transmitting request of R & B Enterprises, LTD, Corp. for a site plan amendment to the "M -2,P" Planned Industrial District for the development of 95,000 sq. ft. new industrial buildings for property generally located at the southwest corner of Bishop Avenue and Martin Luther King Jr. Drive, just south of the Northeast Industrial Park be received, placed on file and "Resolution setting date of hearing as September 20, 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: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-602. 120376 - Welper/Kincaid that communication from City Planner transmitting Development Agreement with R & B Enterprises, LTD, Corp. to sell and convey for $1.00 approximately 20.8 acres of land generally located at the southwest corner of Bishop Avenue and Martin Luther King Jr. Drive, just south of the Northeast Industrial Park, to build 95,000 sq. ft. new industrial buildings with tax rebates for five years at 50 percent and a minimum assessment of $7,000,000.00 be received, placed on file and "Resolution setting date of hearing as September 20, 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: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-603. • • September 7, 2004 DOCUMENTS 120377 - Cole/Schmitt Page 7 that communication from Assistant City Engineer transmitting Construction Plans for Nottingham Second Addition sanitary sewer, storm sewer and paving, as submitted by Wayne Claassen Engineering & Surveying, Inc. of Waterloo, Iowa, and Sewage Treatment Agreement with Iowa Department of, Natural Resources be received, placed on file and "Resolution approving said plans and agreement", be adopted, and Mayor authorized to execute same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No, 2004-604. 120378 - Cole/Schmitt that communication from Associate Planner transmitting request of Roosevelt Roby for tax exemptions on improvements totaling $274,000.00 for property located at 1015-1027 East Fourth 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. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-605. 120379 - Cole/Schmitt that communication from Associate Planner transmitting request of Roosevelt Roby for tax exemptions on improvements totaling $150,000.00 for property located at 1103-1109 and 1111-1117 East Fourth Street, in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving paid application", be adopted and City Clerk instructed to forward same to County Assessor. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-606. 120380 - Cole/Schmitt that communication from Associate Planner transmitting request of Highland Park, L.P. for tax exemptions on improvements totaling $2,196,412.40 for property located at 1311-1528 Prospect 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: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-607. 120381 - Cole/Schmitt that communication from Associate Planner transmitting request of Steve Estringer for tax exemptions on improvements totaling $12,000.00 for property located at 1400 Northey 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. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No.i2004-608. 120382 - Greenwood/Welper that communication from City Clerk transmitting application with Iowa Department of Transportation to Perform Work Within State Highway Right of Way to allow Five Star Snow Trails Association to place snowmobile trail signs on city right-of-way be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval of Mayor assigned No. 2004-609. 120383 - Greenwood/Welper that communication from Fire Chief transmitting 28E Agreement for Northeast Iowa Response Team to provide hazardous materials response and training for Black Hawk, Bremer, Butler, Chickasaw, Grundy, Hardin, Howard, Poweshiek, Tama and Winneshiek counties, with expiration date of September 1, 2014, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-610. September 7, 2004 Page 8 DOCUMENTS CONTINUED 120384 - Greenwood/Welper that communication from Associate Planner transmitting National Register of Historic Places Registration Form for Whittier School, 1500 West Third Street, and Emerson School, 314 Randolph Street, be received, placed on file and "Resolution approving said nomination form", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-611. 120385 - Greenwood/Welper that communication from Building Official/Maintenance Administrator transmitting Change Order for a net increase in the amount of $299.00 for work to be performed by B & B Builders & Supply of Waterloo, Iowa, in conjunction with Concrete Replacement at Fire Station No. 3, No. 4 and No. 6, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Clark. Motion carried. 120386 - Greenwood/Welper that communication from Executive Director of Cultural & Arts Commission transmitting Change Order for a net increase in the amount of $1,117.10 for work to be performed by Scott Jordan Electric of Waterloo, Iowa, in conjunction with Waterloo Community Playhouse Light Board Project, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Clark. Motion carried. ORDINANCES TO BE ADOPTED 120387 - Schmitt/Gunderson that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (9) Cedar Bend and (45) Longfellow of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof new Subsection (9) Cedar Bend and (45) Longfellow of Section 541, Increasing Speed Limits in Certain Areas (reduce speed limit from 30 mph to 25 mph on Longfellow Street from Parker Street to Walker Street and reduce speed limit from 35 mph to 25 mph on Cedar Bend Street from Walker Street to Parker Street)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Clark. Motion carried. 120388 - Schmitt/Gunderson that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Clark. Motion carried. 120389 Schmitt/Greenwood that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (9) Cedar Bend and (45) Longfellow of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof new Subsection (9) Cedar Bend and (45) Longfellow of Section 541, Increasing Speed Limits in Certain Areas (reduce speed limit from 30 mph to 25 mph on Longfellow Street from Parker Street to Walker Street and reduce speed limit from 35 mph to 25 mph on Cedar Bend Street from Walker Street to Parker Street)", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Clark. Ordinance adopted and upon approval by Mayor assigned No. 4714. 120390 - Gunderson/Greenwood that "an Ordinance amending the 2003 Traffic Code by adding Subsection (17a) Kingsley Avenue to Section 545 Yield Streets (installation of yield signs on Moir Street at Kingsley Avenue)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Clark. Motion carried. 120391 - Gunderson/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Clark. Motion carried. • • September 7, 2004 ORDINANCES TO BE ADOPTED CONTINUED 120392 - Gunderson/Schmitt that "an Ordinance amending the 2003 Kingsley Avenue to Section 545 Yield Moir Street at Kingsley Avenue)", be third times and adopted. Ayes: Six. Page 9 Traffic Code by adding Subsection (17a) Streets (installation of yield signs on considered and pawed for the second and Absent: Clark. Ordinance adopted and upon approval by Mayor assigned No. 4715. 120393 - Greenwood/Welper that "an Ordinance amending the 2003 Traffic Code by adding Subsections (la) Cedar Bend Street and Parker Street and (3a) Longfellow Avenue and Parker Street to Section 581, School Stop Signs (allow portable school sign to be placed on Parker Street at Longfellow and Cedar Bend Streets)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Clark. Motion carried. 120394 - Greenwood/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Clark, Motion carried. 120395 - Greenwood/Schmitt that "an Ordinance amending the Cedar Bend Street and Parker Street and Street to Section 581, School Stop Signs placed on Parker Street at Longfellow and and passed for the second and third times Clark. 2003 Traffic Code by adding Subsections (la) (3a) Longfellow Avenue and Parker (allow portable school sign to be Cedar Bend Streets)", be considered and adopted. Ayes: Six. Absent: Ordinance adopted and upon approval by Mayor assigned No. 4716. NEW BUSINESS 120396 - Cole/Schmitt that communication from Superintendent of Traffic Operations transmitting request for authorization to perform study on removal of signals located at Baltimore Street and Hawthorne Avenue, W. 9th Street and Hawthorne Avenue, W. 6th Street and Mitchell Avenue, Lafayette Street and Adrian Street, and Burton Avenue and Newton Street, be received, placed on file and "Resolution approving said study", be adopted. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned 120397 - Cole/Schmitt that communication from General Manager of Waterloo Wailer Works transmitting request to certify the amount of $3,683.00 for work performed by the Water Works at 129 Harrison Street, 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: Six. Absent: Clark. No, 2004-612. Resolution adopted and upon approval by Mayor assigned No 2004-613. 120398 - Cole/Schmitt that communication from General Manager of Waterloo Wailer Works transmitting request to certify the amount of $504.00 for work performed by the Water Works at 1716 Hammond Avenue, together with recommendation o£ approval of Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to ndtify Black Hawk County Treasurer of same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No 2004-614. 120399 - Cole/Schmitt that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $592.00 for work performed by the Water Works at 306 Reber Avenue, together with recommendation of approval of Waterloo Water Works Trustees, be received, placed on file and "Resollution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Six. Absent: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-615. September 7, 2004 Page 10 ORAL PRESENTATIONS 120400 - Delmer Johnson, 501 Carolina Avenue, reported he is having problems in his neighborhood with the apartments behind his residence. One August 20, 2004, Mr. Johnson called the Police Department regarding vandalism, a police officer responded, reviewed the damage and did a good job. Mr. Johnson stated he did some leg work and tracked down eight to ten kids, and he contacted four of the kids. Mr. Johnson stated he wanted all the kids contacted by a police officer, so he contacted Dispatch and was told the officer was on patrol and they would give him the message. Two hours later, Mr. Johnson called again, and he said he never received the message, and he never heard back. Mr. Johnson asked how does he get the Police Department to respond to complaints. Mr. Johnson stated he asked Councilperson Welper to walk through the neighborhood as it looks terrible, with graffiti, loud music and noise, and garbage and beer cans in the yard. Mayor Hurley asked Mr. Johnson to meet with Police Captain John Beckman after the meeting. Mayor Hurley suggested that perhaps Mr. Johnson and a representative of the neighborhood could meet with him. Councilperson Welper reported that he visited the area, but he did not see anything in the courtyard so he could not send Code Enforcement. Mr. Johnson stated it was bad on Friday night and asked if the landlords have to meet any requirements. Mayor Hurley suggested that the city may need Mr. Johnson's help with a proposed property maintenance code. Mayor Hurley will ask Lou Cutwright, Building Official/Maintenance Administrator, to look at the property. Welper/Kincaid that the above oral comments be received and placed on file. Ayes: Six. Absent: Clark. ADJOURNMENT 120401 - Welper/Gunderson that the Council adjourn at 6:30 p.m. Ayes: Six. Absent: Clark. Motion carried. Nancy Eckert, CMC City Clerk • •