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HomeMy WebLinkAboutMinutes-01/10/2005• • 'January 10, 2005 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, January 10, 2005. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moment of Silence. Pledge of Allegiance: Councilperson Eric Gunderson. 120962 - Welper/Kincaid that the Agenda, as amended, for the Regular Session on Monday, January 10, 2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 120963 - Welper/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, January 3, 2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley recognized the following City of Waterloo Employees for 30 Years of Service: Tom Jennings, Keith Smith, John Beckman, William Sauerbrei, Lynn Moller and Steve Frost. Mayor Hurley read a Proclamation calling upon all the citizens of Waterloo to join in the National Observance of Dr. Martin Luther King Jr.'s Birthday on January 17, 2005. CONSENT AGENDA 120964 - 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. 1-85, dated January 10, 2005, in the amount of $2,264,003.20, 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. 2005-11. b. Motion -to approve the following: 1. Communication from Superintendent of Waste Management Services transmitting appointment of Leo Dixon to the position of Solid Waste Foreman, effective January 11, 2005. 2. Ronald Devoll and Jacque Pritchard, Police Officers, to attend Law Enforcement Officers Academy in Johnston, Iowa on January 10 -April 8, 2005, with costs not to exceed $7,520.08. 3. Jake Schaefer, Young Arena Maintenance, to attend Safe Ice Resurfacer Operations Training in St. Paul, Minnesota on January 11-12, 2005, with costs not to exceed $340.00, including use of city vehicle. c. Beer License Permit Application Class C Waterloo Convenience, 127 Jefferson Street (Renewal) (Expires 2/8/06) (Includes Sunday Sales) Kwik Stop, 4335 Texas Street (Renewal) (Expires 1/11/06) (Includes Sunday Sales) d. Beer/Liquor License Permit Application Class C Tony's Trattoria, 3251 West 4th gtreet (Renewal) (Expires 1/31/06) (Includes Sunday Sales) Ramada Inn, 205 West 4th Street (New Owner) (Expires 1/6/06) (Includes Sunday Sales) Five Sullivan Brothers Convention Center, 200 West 4th Street (New Owner) (Expires 1/6/06) (Includes Sunday Sales) January 10, 2005 Consent Agenda - continued e. Outdoor Service Area Application Tony's Trattoria, 3251 West 4th Street Ayes: Seven. Motion carried. HEARINGS 120965 - Gunderson/Schmitt Page 2 that proof of publication of notice of public hearing on request of Arthur Ratute to rezone from "R-2" One and Two Family Residential District to "R -2,C -Z" Conditional Zoning approximately 2.8 acres of property generally located east of 2403 Osage Road to allow construction of a 60' x 80' storage building, as published in the Waterloo Courier on December 29, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120966 - Gunderson/Kincaid that the request of Arthur Ratute to withdraw the rezoning request be received and placed on file. Ayes: Seven. Motion carried. 120967 - Schmitt/Greenwood that proof of publication of notice of public hearing on request of Bill and Nita Quibell to rezone from "R-2" One and Two Family Residential District to "R - 2,C -Z" Conditional Zoning property generally located at 613 Keystone Street for the purpose of operating a boarding and lodging house, as published in the Waterloo Courier on December 29, 2004, be received and placed on file. Ayes: Seven. Motion carried. 120968 - This being the time and place of public hearing, the Mayor called for oral and written objections and there were none. City Clerk Nancy Eckert reported that a petition of support is on file signed by 14 residents living on Keystone Street and letters of support from Bernie McKinley, C. Lee Fox, Donna Cavanaugh, Eunice Dell, Roger and Evelyn Craig, Eleanor Little, Sharon Weber, and Sally Kelly. Welper/Kincaid that the petition and letters of support be received and placed on file. Ayes: Seven. Motion carried. 120969 - Gary Tedore, RR 1, LaPorte City, spoke about his uncle who was moved from Washington last year, spent three days at the Western Home and was asked to leave, then was moved to Sartori Hospital for about two weeks. Mr. Tedore stated he heard about the Quibells place, and they agreed to take his uncle. Mr. Tedore stated that since he moved his uncle to the Quibells, his whole life has changed. Mr. Tedore asked the council to vote yes on this request. Welper/Kincaid that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission and oral comments be received and placed on file. Ayes: Seven. Motion carried. 120970 - Kincaid/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 106 to Section 2A -7N, Conditional Zoning Certain Property", 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 Schmitt stated that one of the stipulation was that they would care for no more than six individuals with a maximum of two persons needing hands on care. Councilperson Schmitt commented that maybe the Quibells would not have control over the numbers because today there could be two, and tomorrow there could be four. January 10, 2005 • • Hearings - continued Page 3 Nate Quibell, 613 Keystone, reported they had a conference call with the Attorney General that residents needing hands on care would be met by community services and doctors and nurses. M4. Quibell stated if they have more than two residents needing that type of care, they would address it at that time. In 14 years, they have never had more than two. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 120971 - Schmitt/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 120972 - Schmitt/Cole that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 106 to Section 2A -7N, Conditional Zoning 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. 4751. 120973 - This being the time and place of public hearing on citation filed against K - Mart, 3810 University Avenue, for the sale of cigarettes or tobacco products to a person under eighteen years of age, the Mayor called for written and oral objections and there were none. Welper/Cole that the hearing be closed. Ayes: Seven. Motion carried. 120974 - Gunderson/Kincaid that "Resolution ordering civil penalty to K -Mart, 3810 University Avenue, in the amount of $300.00 for sale of cigarettes or tobacco products to a person under eighteen years of age", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-12. DOCUMENTS 120975 - Cole/Schmitt that communication from Police Chief transmitting one-year Maintenance and Support Agreement with Printrak, a Motorola Company, at a cost of $2,684.00, for use of services and equipment for mugshots, be received, placed on file and "Resolution approving said agreement", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-13. 120976 - Cole/Schmitt that communication from Associate Engineer transmitting agreement with Schenk Engineering Company of Waterloo, Iowa for engineering services at a cost of $56,677.00, with city's cost of $23,388.50, in conjunction with F.Y. 2005 Winn Street Extension, Contract No. 692, 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. 2005-14. 120977 - Cole/Schmitt that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Metro Wrecking, Inc. of Des Moines, Iowa at a total cost of $321,530.00 in conjunction with F.Y. 2004 CMC Parcel 2 Demolition, Contract No. 680, be received, placed on file and "Resolution approving said documents", be adopted. Prior to a vote on the above motion, the following comments were heard. January 10, 2005 Page 4 Documents - continued Councilperson Gunderson asked how much more work is scheduled for the CMC site. Don Temeyer, Community Planning and Development Director, responded the city only owns part of the property. Mr. Temeyer reported that the city has applied for an Environmental Protection Agency grant. The demolition phase is completed, but further soil mediation will be done if the city receives the grant. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-15. 120978 - Schmitt/Kincaid that communication from City Planner transmitting Permanent Easement with Stephen and Bonnie Smith at a cost of $8,000.00 for property to be used in conjunction with the proposed Gardep Avenue Relief Sewer Project located just off Ansborough Avenue and Garden Avenue, be received, placed on file and "Resolution approving said permanent easement", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-16. 120979 - Schmitt/Kincaid that communication from City Planner transmitting Permanent Easements with Andrea and John Dunlay and Jacqueline McGlade for property generally located just off Prospect Boulevard to be used to alleviate storm sewer drainage problems, be received, placed on file and "Resolution approving said permanent easements", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-17. 120980 - Schmitt/Kincaid that communication from Community Planning & Development Director transmitting Real Estate Purchase Agreement with Black Hawk Sprinklers to purchase property located at 1104 Sycamore Street for $275,000.00 with the city using Iowa Brownfield grant funds, and subject to environmental assessment, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Don Temeyer, Community Planning and Development Director, reported the property is assessed for $389,912.00. Black Hawk Sprinklers has acquired the vacant H & H property in Cedar Falls. Mr. Temeyer stated the negotiating team came up with this price. The city will take possession of the property on June 1, 2005. The city will use Iowa Brownfield funds to purchase the property, and city funds will be used for environmental testing of the property. Mr. Temeyer stated that the land will be used as part of the Riverfront Renaissance living area. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-18. RESOLUTIONS TO BE ADOPTED 120981 - Greenwood/Clark that "Resolution authorizing termination of Air Service Agreement with Northwest Airlines which required the city to pay up to $900,000.00 if airline revenue targets were not met", be adopted. Prior to a vote on the above motion,*the following comments were heard. Councilperson Clark stated this is just one of a long list of good things happening at the Waterloo Airport. Councilperson Clark stated that former Mayor Rooff and Mayor Hurley deserve praise for all the good things happening at the Airport. Mayor Hurley stated that citizens use of our facility is the best thing that could happen at our Airport. January 10, 2005 • • Page 5 Resolutions to be Adopted - continued Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2005-19 ORDINANCES TO BE ADOPTED 120982 - Clark/Gunderson that "an Ordinance amending the 2003 Traffic Code by repealing Subsection 2 of Section 491, Safety Belts and Safety Harnesses - Use Required; and enacting in lieu thereof a new Subsection 2 of Section 491, Safety Belts and Safety Harnesses - Use Required (update to be in compliance with State Code.)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 120983 - Clark/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 120984 - Clark/Kincaid that "an Ordinance amending the 2003 Traffic Code by repealing Subsection 2 of Section 491, Safety Belts and Safety Harnesses - Use Required; and enacting in lieu thereof a new Subsection 2 of Section 491, Safety Belts and Safety Harnesses - Use Required (update to be in compliance with State Code.)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4752. 120985 - Clark/Gunderson that "an Ordinance amending the 2003 Traffic Code by repealing Section 492, Child Restraint Devices; and enacting in lieu thereof a new Section 492, Child Restraint Devices (update to be in compliance with State Code)" be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 120986 - Clark/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 120987 - Clark/Kincaid that "an Ordinance amending the 2003 Traffic Code by repealing Section 492, Child Restraint Devices; and enacting in lieu thereof a new Section 492, Child Restraint Devices (update to be in compliance with State Code)" be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4753. ADJOURNMENT 120988 - Councilperson Welper stated he has great respect for all the city's department heads and realizes just how important they are. Councilperson Welper commended the men and women who cleaned up the city so efficiently during the recent snowfall. Mayor Hurley stated everyone worked as a team and had the same goal. The city had a big snowstorm, a new snow removal policy in place and newly trained people helping with removal of the snow. Mayor Hurley stated the job was done most efficiently, and he appreciates all of them, their long hours and city departments that loaned out their employees for the snow removal. Councilperson Clark congratulated Walter Reed on his appointment by Governor Vilsack as the Director of the Iowa Department of Human Rights. Welper/Clark that the Council adjourn at 6:05 p.m. Ayes: Seven. Motion carried. ''\ re-t•Q-i- Nancy Ec)ert, CMC City Clerk