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HomeMy WebLinkAboutMinutes-09/27/2004• • • September 27, 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, September 27, 2004. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Pledge 120499 120500 Silence. of Allegiance: Brad Hagen, Airport - Welper/Kincaid Director. that the Agenda, as amended to add 1b5 and 24a, for the Regular Session on Monday, September 27, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. - Welper/Kincaid 120501 - that the Minutes, as proposed, for the Regular Session on Monday, September 20, 2004, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a proclamation declaring October 2004 as Let's Talk Month. Mayor Hurley read a proclamation declaring the second week of October 2004 as Earth Science Week. Mayor Hurley read a proclamation declaring October 3-9, 2004, as Mental Illness Awareness Week. CONSENT AGENDA Welper/Kincaid that the following items on the consent agenda be received, placed on file and approved: a. b. Resolutions to approve the following: 1. Resolution approving Schedule AP640, pp. 1-60, dated September 27, 2004, in the amount of $2,027,062.64, 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 2. Communication from City Engineer transmitting request of for a waiver for an asphalt driveway to be located at Avenue, together with recommendation of approval. . 2004-647. Peggy Homolar 4821 Kimball Resolution adopted and upon approval by Mayor assigned No. 2004-648. Motion to approve the following: 1. Lisa Campbell and Aaron McClelland, Police Officers, to National Association of Field Training Officers Conference Moines, Iowa, on September 30 -October 1, 2004, with costs exceed $464.80, including use of city vehicle. attend in Des not to 2. Walter Reed, Jr., Human Rights Executive Director, to attend NAHRW 2004 Conference in St. Paul, Minnesota, on October 3-8, 2004, with costs not to exceed $1,351.35, including use of city vehicle. 3. Kent Shankle, Curator, to transport and pick up art exhibit in Chicago, Illinois, on October 4-5, 2004, with costs not to exceed $330.00, including use of city vehicle. 4. Cammie Scully, Director of Cultural & Arts Commission; and Kent Shankle, Curator, to pick up art in Connecticut and Massachusetts and attend Haitian Art Conference in New York City, New York, on September 22 -October 2, 2004, with costs not to exceed $2,950.00, including use of city vehicle. 5. Communication from Chief Financial Officer transmitting recommendation of appointment of Mandi Timmerman to the position of Financial Analyst, effective at a mutually agreed upon date. September 27, 2004 Page 2 CONSENT AGENDA CONTINUED c. Beer/Liquor License Permit Application Class C Rudy's Tacos, 2401 Falls Avenue (Renewal) (Expires 9/27/05) Fifth Street Pub, 213 & 215 E. 5th Street (New) (Expires 10/01/05) (Includes Sunday Sales) d. Bonds. Ayes: Seven. Motion carried. HEARINGS AND BIDS 120502 - Gunderson/Schmitt that proof of publication of notice of public hearing on Metal Roof Restoration for Solid Waste Storage and Repair Center at Pollution Control, as published in the Waterloo Courier on September 17, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120503 - 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: Seven. Motion carried 120504 - Gunderson/Cole that "Resolution confirming approval of specifications, form of contract, etc. in conjunction with Metal Roof Restoration for Solid Waste Storage and Repair Center at Pollution Control", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-649. 120505 - Gunderson/Schmitt that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-650. 120506 - Gunderson/Welper that bid opening be moved to October 4, 2004. Ayes: Seven. Motion carried. 120507 - Kincaid/Schmitt that proof of publication of notice of public hearing on the Gates Pool Renovation, as published in the Waterloo Courier on September 17, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120508 - 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: Seven. Motion carried. 120509 - Kincaid/Cole that "Resolution confirming approval of specifications, form of contract, etc. in conjunction with Gates Pool Renovation", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-651. 120510 - Kincaid/Cole that "Resolution authorizing to proceed in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-652. • • • September 27, 2004 Page 3 HEARINGS AND BIDS CONTINUED 120511 - Kincaid/Schmitt that "Resolution approving contract with Chester Pools at,a cost of $95,500.00 in conjunction with Gates Pool Renovation", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-653. HEARINGS 120512 - Schmitt/Welper that proof, of publication of notice of public hearing dn request of David & Ivanell Hagedorn, Sandra Sturch and Donald & Shirley Franca to vacate, sell and convey for $685.44 the 16 foot platted alley generally located south of Shultz Street between Idaho and Wyoming Streets, as published ih the Waterloo Courier on September 17, 2004, be received and placed on file. ayes: Seven. Motion carried. 120513 - 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 apprgval of the Planning, Programming and Zoning Commission be received and plaped on file. Ayes: Seven. Motion carried. 120514 - Schmitt/Cole that "an Ordinance vacating the 16 foot platted alley generally located south of Shultz Street between Idaho and Wyoming Streets", be received, placed on file, considered and passed for the first time. Ayes: Sejven. Motion carried. 120515 - Schmitt/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 120516 - Schmitt/Kincaid that "an Ordinance vacating the 16 foot platted alley generally located south of Shultz Street between Idaho and Wyoming Streets", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4728. 120517 - Schmitt/Kincaid that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No, 2004-654. 120518 - Kincaid/Schmitt that proof of publication of notice of public hearing ori request of Roosevelt Roby, Jr. to vacate, sell and convey for $1.00 Beech Street generally located south of Douglas and north of Martin Luther King Jr. Drivje, as published in the Waterloo Courier on September 15, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120519 - This being the time and place of public hearing, the Ma$'or called for written and oral objections and there were none. Welper/Cole that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission be received and plgiced on file. Ayes: Seven. Motion carried. 120520 - Kincaid/Schmitt that "an Ordinance vacating Beech Street generally located south of Douglas and north of Martin Luther King Jr. Drive", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. September 27, 2004 Page 4 HEARINGS CONTINUED 120521 - Kincaid/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 120522 - Welper/Cole that "an Ordinance vacating Beech Street generally located south of Douglas and north of Martin Luther King Jr. Drive", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4729. 120523 - Kincaid/Cole that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-655. 120524 - Schmitt/Kincaid that proof of publication of notice of public hearing on request of Terry Lichty to vacate 8' utility easement generally located at 4750 Winghaven Drive for the purpose of constructing a single -stall garage, as published in the Waterloo Courier on September 15, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120525 - 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: Seven. Motion carried. 120526 - Schmitt/Cole that "an Ordinance vacating 8' utility easement generally located at 4750 Winghaven Drive for the purpose of constructing a single -stall garage", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 120527 - Schmitt/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 120528 - Schmitt/Cole that "an Ordinance vacating 8' utility easement generally located at 4750 Winghaven Drive for the purpose of constructing a single -stall garage", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4730. 120529 - Kincaid/Schmitt that proof of publication of notice of public hearing on request of Waterloo Community Schools to sell and convey for $1.00 park land generally located adjacent to Cunningham School for Excellence, as published in the Waterloo Courier on September 17, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120530 - 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: Seven. Motion carried. • • 1 • September 27, 2004 HEARINGS CONTINUED 120531 - Kincaid/Cole Page 5 that "Resolution authorizing said sale and conveyance and rescinding Resolution No. 2001-351", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No 2004-656. 120532 - Gunderson/Schmitt that proof of publication of notice of public hearing on !request of Kay King to sell and convey for $2,400.00 city -owned property generally located along Conger Street Grandview Place Lot 20 Block 4, as pub10ished in the Waterloo Courier on September 15, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120533 - 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: Seven. Motion carried. 120534 - Gunderson/Schmitt that "Resolution authorizing said sale and conveyance" be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-657. PETITIONS FROM PUBLIC 120535 - Welper/Kincaid that communication from Senior Planner transmitting request of Richard Helgeson to rezone from "R-2" One and Two Family Residence District to "R -4,R -P" Planned Residence District property generally located along ndiana Street between Lafayette Street and Dearborn Avenue for the purpose of constructing 60 -unit affordable assisted living facility for elderly and low-income seniors, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution 'setting date of hearing as October 18, 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: Seven. Resolution adopted and upon approval of Mayor assigned No'. 2004-658. REPORTS 120536 - Gunderson/Greenwood that communication from Chief Financial Officer transmitting 2004 Annual Financial Report for City Streets to be filed with the Iowa Department of Transportation be received, placed on file and "Res9lution approving said report", be adopted and report be filed with the Iowa Department of Transportation. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley reported the letter from the Chief Financial Officer states the report provides the Iowa Department of Transportation and Federal Highway Administration with a documented record of receipts', and expenditures for streets in the City of Waterloo. It must be filed in Order that the city may receive the road use tax appropriation for fiscal year ending June 30, 2004. Following comments a vote was taken on the above mot$.on with the following result. Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2004-659. September 27, 2004 DOCUMENTS 120537 - Cole/Schmitt Page 6 that communication from Associate Planner transmitting request of Joan M. Beard for tax exemptions on improvements totaling $11,400.00 for property located at 605 Downing 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. 2004-660. 120538 - Cole/Schmitt that communication from Associate Planner transmitting request of Dennis Cooley for tax exemptions on improvements totaling $15,338.40 for property located at 418 Locust 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. 2004-661. 120539 - Cole/Schmitt that communication from City Planner transmitting Preliminary Plat of Downing Heights Outlots Avenue, together with report of City Engineer and Staff report, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-662. 120540 - Cole/Schmitt that communication from City Planner transmitting Preliminary Plat of Burton Avenue Industrial Park First Addition, together with report of City Engineer and Staff report, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-663. 120541 - Cole/Schmitt that communication from Assistant City Engineer transmitting Construction Plans for Sanitary Sewer serving Bourland Duplexes - Burg, as submitted by Schenk Engineering Company of Waterloo, Iowa, and 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-664. 120542 - Cole/Schmitt that communication from Community Planning and Development Director transmitting agreements with Howard R. Green at a cost of $13,000.00 to write grant applications to the U.S. Environmental Protection Agency in the amount of $200,000.00 for the CMC remediation and $350,000.00 for site investigation at the Chamberlain site, with no required city match, and authorizing submission of said grant applications, be received, placed on file and "Resolution approving said agreements", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-665. 120543 - Cole/Schmitt that communication from Community Planning and Development Director transmitting Release of Real Estate Mortgage with Advanced Management, Inc. for full payment of Loan #RFC -18, 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. 2004-666. 1 • • • September 27, 2004 Page 7 DOCUMENTS CONTINUED 120544 - Clark/Schmitt that communication from Senior Planner transmitting Memorandum of Understanding with Iowa Northland Regional Council of Governments for granting writing services in conjunction with development of the Whitewater Course as part of the Cedar Valley River Renaissance, at a maximum cost of $4,500.00, be received, placed on file and "Resolution approving said Memorandum of Understanding", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-667. 120545 - Clark/Schmitt that communication from Senior Planner transmitting an application with Iowa Department of Transportation for Federal Recreational grails funding in the amount of $325,000.00, with city match of $65,000.00, in conjunction with development of the Whitewater Course as part of the Cedar Valley River Renaissance, 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. 2004-668. 120546 - Clark/Schmitt that communication from Airport Director transmitting agreement with Iowa Department of Transportation for FY 2005 Commercial Air Service Vertical Infrastructure Program funds in the amount of $81,424.00 for window replacement and repainting at Livingston Aviation and hangar roof re lacement, repainting, and rewiring at McCandless Aviation, with no required ci y match, be received, placed on file and "Resolution approving said agreement" be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No 2004-669. 120547 - Clark/Schmitt that Change Order No. 1 for a net increase in the amount of $462.05 for work performed by B & B Builders and Supply of Waterloo, Iowa, in conjunction with F.Y. 2004 Sidewalk Repair Block Grant Program - Zone 3, Contract No. 665, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 120548 - Clark/Schmitt that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance for Work performed by B & B,Builders and Supply of Waterloo, Iowa, in conjunction with F.Y. 2004 Sidewa.k Repair Block Grant Program - Zone 3, Contract No. 665, be received, placed n file and "Resolution approving said documents", be adopted and two-year Maintenance Bond be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-670. 120549 - Clark/Schmitt that communication from Superintendent of Traffic Operations transmitting an agreement with Ament, Inc. for consulting engineering services at a maximum cost of $12,500.00 to design improvements at the intersection of University and Ansborough Avenues to include extending the left turn bays on University Avenue, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-671. 120550 - Clark/Schmitt that communication from Mayor Hurley transmitting a Memorandum of Agreement with University of Northern Iowa Center for Social and Behavior Research at a cost of $7,700.00 to complete a survey of Waterloo citizens regarding the use of the local option sales tax, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Ciy Clerk authorized to executive same. September 27, 2004 Page 8 DOCUMENTS CONTINUED Prior to a vote on the above motion, the following comments were heard. Councilperson Welper stated he supports giving the citizens a voice in determining how the local option sales tax is used, but he questioned how the city would pay for the study. Mayor Hurley stated some of the money would come from staff vacancies, such as the staff vacancy in his department. The Administrative Aide is going to the FIRE Pals Program. Mayor Hurley stated he hopes a political action committee set up to raise money and promote the referendum will repay the study costs. Councilperson Clark stated he agrees with the concept of citizens being involved. But the referendum is countrywide with contiguous cities. Mayor Hurley stated Waterloo is the big bear in the den with the preponderance of population in Black Hawk County. If Waterloo puts something on the ballot that would significantly turn voters off, that could ruin it for the whole county. Mayor Hurley stated there have been meetings with Cedar Falls since early Summer, and they do not wish to do anything different with the local option sales tax funds. Mayor Hurley stated it is a question we need in order to get the pulse of the citizens. Mayor Hurley stated the referendum held in 2002 failed when the city wanted to use some of the sales tax for the proposed improvements included in the Downtown Riverfront Renaissance Plan. Mayor Hurley stated the city has had two or three tax increases, and that some cities use the sales tax for capital improvement and tax relief. Mayor Hurley stated the committee has agreed and committed to a referendum to be held on February 22, 2005. The local option sales tax will expire on December 31, 2005 unless it is renewed by the voters. Mayor Hurley stated he would like to present the ballot language to the Council on November 1, 2004. Mayor Hurley stated he feels it is money well -spent, but he doesn't think he can get any other city to help pay for the survey. Mayor Hurley stated the document does not include a thorough analytical report, just a random survey of about 500 citizens. Councilperson Clark stated he disagrees with doing the survey as he feels the council, mayor and department heads' responsibility is to act in the best interest of the city. Councilperson Clark stated he feels there are other ways the city could spend this money. Councilperson Clark stated he fears this survey could open up a Pandora's box on every difficult that comes before the council, where the citizens could say why not do a survey. Following comments a vote was taken on then above motion with the following result. Ayes: Six. Nays: Clark. Resolution adopted and upon approval by Mayor assigned No. 2004-672. 120551 - Clark/Schmitt that communication from Mayor Hurley transmitting agreement with Watermark Hotel Equities, LLC for assignment of lease and parking agreements for the Five Sullivan Brothers Convention Center, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley reported that they have been working on this agreement since the beginning of the year with the owners of the Ramada Inn who are desirous to sell. The city currently has an agreement to assign the lease to new owners. Mayor Hurley stated that today in his office there was a meeting attended by lawyers, General Manager of the Ramada Inn and representatives from the City Attorney's office and the Chief Financial Officer, and everyone came to an agreement that is good for all the parties. Mayor Hurley stated the goal is to fill up the Five Sullivan Brothers Convention Center and have a first class motel downtown. One of the questions was how confident did the city feel the new firm could own and operate the Ramada Inn as the city is posed to put a lot of capital in the Five Sullivan Brothers Convention Center to renovate the heating and cooling system and who would benefit from the improvements. Mayor Hurley stated the city would be reimbursed for any rebates and savings. Once the city's investments are paid back, the door will open for further negotiations. Mayor Hurley stated he added the agreement to the agenda this afternoon because the companies have put off signing for the property because of his office. The new owners plan to close on the property on October 1, 2004. • • i • September 27, 2004 DOCUMENTS CONTINUED Page 9 Mayor Hurley stated if the agreement is approved, the city will go back to the design submitted by Johnsons Control for the mechanical, improvements to the Five Sullivan Brothers Convention Center at an estimatedicost of $250,000.00. The improvements are projected to save 15 to 40 percen in monthly utility costs, which will help pay for the improvements. After t e investment is paid off using the energy saving dollars and any rebates fro MidAmerican Energy, then the parties will negotiate where the rest of the savings should be used. Mayor Hurley stated that Jim Walsh, City Attorney, has reviewed the agreement and this document will satisfy him. Following comments a vote was taken on the above motign with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No 2004-673. RESOLUTIONS TO BE ADOPTED 120552 - Greenwood/Cole that Resolution naming private street generally located north of E. Donald Street and west off of Moline Road as Borwig Lane", be adapted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No 2004-674. 120553 - Greenwood/Cole that "Resolution naming private street generally located; east of the 200 block of public Bourland Avenue as private Bourland Avenue be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned Noi. 2004-675. ORDINANCES TO BE ADOPTED 120554 - Cole/Greenwood that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (109) Sycamore Street of Section 553, No Parking Here to Corner; and enacting in lieu thereof a new Subsection (109) Sycamore Street of Section 553, No Parking Here to Corner (restricting parking on Sycamore Street, 125 feet in a westerly direction from E. 11th Street)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 120555 - Cole/Schmitt that rules requiring ordinances to be considered and vdted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 120556 - Schmitt/Kincaid that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (109) Sycamore Street of Section 553, No Parking Here to Corner; and enacting in lieu thereof a new Subsection (109) Sycamore Street of Section 553, No Parking Here to Corner (restricting parking on Sycamore Street, 125 feet in a westerly direction from E. 11th Street)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No'. 4731. 120557 - Cole/Greenwood that "an Ordinance amending the 2003 Traffic Code by'; adding Subsection (ib) Locke Avenue to Sec. 571A, No Parking 8:00 A.M. to ':00 P.m. During School (restricting parking in the 600 and 700 blocks of Locke Avenue from 8:00 a.m. to 4:00 p.m. Monday through Friday during school)", jbe received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 120558 - Cole/Schmitt that rules requiring ordinances to be considered and l4oted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. September 27, 2004 ORDINANCES TO BE ADOPTED CONTINUED 120559 - Schmitt/Kincaid Page 10 that "an Ordinance amending the 2003 Traffic Code by adding Subsection (ib) Locke Avenue to Sec. 571A, No Parking 8:00 A.M. to 4:00 P.m. During School (restricting parking in the 600 and 700 blocks of Locke Avenue from 8:00 a.m. to 4:00 p.m. Monday through Friday during school)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4732. NEW BUSINESS 120560 - Welper/Gunderson to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with Iry Warren Pro Shop Renovation, be received, placed on file and approved. Ayes: Seven. Motion carried. 120561 - Welper/Gunderson that plans, specifications, form of contract, etc. in conjunction with Iry Warren Pro Shop Renovation, be received and placed on file. Ayes: Seven. Motion carried. 120562 - Welper/Gunderson 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. 2004-676. 120563 - Welper/Gunderson that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as October 25, 2004, 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. 2004-677. 120564 - Schmitt/Cole that communication from Senior Planner transmitting amendment to Zoning Ordinance, Ordinance No. 2479, as amended, as it pertains to creating a definition of a gaming facility and adding gaming facility as a permitted use in the "C -P" Planned Commercial District, "M -2,P" Planned Industrial District, and "M-2" Industrial District, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as October 18, 2004, at 5:30 p.m. in the City Hall Council Chambers on above described request", be adopted and City Clerk instructed to published notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-678. 120565 - Clark/Schmitt that communication from Senior Planner transmitting request to set new date of hearing on the request to reduce the 8'8" utility easement to 5 feet on property generally located at 147 Trible Road and rescind Ordinance No. 4353, be received, placed on file and "Resolution setting new date of hearing as October 11, 2004, at 5:30 p.m. in the City Hall Council Chambers on above described request", be adopted and City Clerk instructed to published notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2004-679. ADJOURNMENT 120566 - Welper/Gunderson that the Council adjourn at 6:35 p.m. Ayes: Seven. Motion carried. • Nancy Eckert, CMC City Cler