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HomeMy WebLinkAboutMinutes-09/18/2000• • September 18, 2000 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 18, 2000. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Krizek, Murphy, Gronen, Getty, Berry. Invocation by: Reverend Richard Van Heukelum, Walnut Ridge Baptist Church. Pledge of Allegiance: Paul Huting, Leisure Services Director. ORAL PRESENTATIONS 114305 - Roosevelt Taylor, 311 Iowa Street, stated that there was a function a few weeks ago that Councilperson Berry attended. Mr. Taylor stated that Councilperson Berry spoke at the function and did a beautiful job. Councilperson Krizek reminded everyone that the D'Tour will be held from 5:30 p.m. to 8:00 p.m. on Thursday evening. Many business, such as Waterloo Industries, Ament Law Firm and Tech Line, will be showcased. There will be a band and food from 8:00 p.m. to 11:00 p.m. at the Antique Market. Getty/Jordan that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 114306 - Jordan/Getty that the Agenda, as amended to delete Item 16 and the new application for beer and liquor license and outdoor service area for Fortune's Tap, for the Regular Session on Monday, September 18, 2000, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 114307 - Krizek/Gronen that the Minutes, as proposed, for the Regular Session on Monday, September 11, 2000, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a proclamation declaring October 16, 2000, as Million Family March Day. PETITIONS FROM PUBLIC 114308 - Gronen/Jordan that communication from City Engineer transmitting request of Allen Knock for a waiver for a concrete driveway to be located at 1317 Shultz Street, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-511. 114309 - Gronen/Jordan that communication from City Engineer transmitting request of Gary Erlewine for a waiver for an asphalt driveway to be located at 120 Prince Street, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-512. 114310 - Gronen/Jordan that communication from Assistant City Planner transmitting request of Bernard McKinley, Jr., to sell and convey property generally located at the curve of West 5th/6th Street just south of 729 West 5th Street for $600.00 be received, placed on file and "Resolution setting date of hearing as October 2, 2000, 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 by Mayor assigned No. 2000-513. 114311 - Gronen/Jordan that request of Michael Anthony to hold Million Family March Awareness Event, which was held at Lincoln Park on September 16, 2000, from 12:00 noon to 5:00 p.m., be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-514. September 18, 2000 DOCUMENTS 114312 - Anders/Krizek • • Page 2 that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $38,107.50 from Mike Dolan Concrete & Masonry, Inc., of Waterloo, Iowa, in conjunction with F.Y. 2001 Soldiers and Sailors Park -Phase I, Contract No. 627, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-515. 114313 - Anders/Krizek that communication from Superintendent of Water Pollution/Flood Control transmitting Supplemental Agreement No. 7 with Earth Tech at a cost of $13,000.00 to prepare plans and specifications for removal/abatement of asbestos and lead based paint in the Digester Complex in conjunction with Easton Avenue Water Pollution Flood Control Facility 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. 2000-516. 114314 - Anders/Krizek that communication from City Planner transmitting an agreement with Howard R. Green Consulting Engineers at a cost not to exceed $3,800.00 to prepare Iowa Brownfield Redevelopment Program application for funding in the amount of $500,000 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. 2000-517. ORDINANCES TO BE ADOPTED 114315 - Councilperson Anders stated that he would recommend that the council only do the first reading for Item No. 8 as he would like to talk with Councilperson Berry regarding the impact this would have on the 4" Street parking. Councilperson Berry stated that parking will only be allowed during school hours, and she has not heard of any problems. Councilperson Berry stated that it is for the students as the lots are full. Mayor Rooff stated that regarding Item No. 9 our Fire Department has jake brakes on their equipment. Mayor Rooff commented that it is his understanding that it is not a problem with the brakes but with the muffler. Mayor Rooff stated the council needs a better understanding of what the ordinance prohibits, and asked if it just prohibits the use of jake brakes. Councilperson Getty stated he has a problem with Item No. 9 because the problem is with faulty mufflers not the brakes. Councilperson Getty stated that he talked with some truck drivers at a truck stop, and they said some young drivers deliberately gut out the mufflers for the loud sound. Councilperson Getty stated that we do not need this ordinance. If the police officer pulls up beside a truck and hears loud noise, they can already ticket them through the noise ordinance. Councilperson Getty stated that two drivers he spoke with told him they would not drive the trucks without the jake brakes. Acting Police Chief Tom Jennings stated that the ordinance was written because of the number of calls the city received from citizens regarding the noise from the trucks. Jim Walsh, City Attorney, stated that it would be difficult for the Police Department to enforce the ordinance. Mr. Walsh stated that this is a noise violation, and the Police Department can ticket offenders through the noise ordinance. Jordan/Murphy that "an Ordinance amending the 1999 Traffic Code by repealing Section 417, Motor Vehicle Disturbing of the Peace or Quiet; and enacting in lieu thereof a new Section 417, Motor Vehicle Disturbing of the Peace or Quiet (prohibiting the use of engine compression braking devices commonly referred to as "jake brakes" to slow or stop a vehicle)", be tabled. Ayes: Seven. Motion carried. September 18, 2000 • • ORDINANCES TO BE ADOPTED CONTINUED Page 3 114316 - Krizek/Jordan that "an Ordinance amending the 1999 Traffic Code by repealing Subsection (132) Fourth Street (E) of Section 551, Parking Prohibited At All Times On Certain Streets; and enacting in lieu thereof a new Subsection (132) Fourth Street (E) of Section 551, Parking Prohibited At All Times On Certain Streets; and by repealing Subsection (2) Fourth Street (E) of Section 576, No Parking 11:00 p.m. to 5:00 a.m.; and enacting in lieu thereof a new Subsection (2) Fourth Street (E) of Section 576, No Parking 11:00 p.m. to 5:00 a.m. (allow parking in the 700 & 800 blocks of East 4th Street from 5:00 a.m. to 11:00 p.m.)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 114317 - Getty/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 114318 - Murphy/Jordan that "an Ordinance amending the 1999 Traffic Code by repealing Subsection (132) Fourth Street (E) of Section 551, Parking Prohibited At All Times On Certain Streets; and enacting in lieu thereof a new Subsection (132) Fourth Street (E) of Section 551, Parking Prohibited At All Times On Certain Streets; and by repealing Subsection (2) Fourth Street (E) of Section 576, No Parking 11:00 p.m. to 5:00 a.m.; and enacting in lieu thereof a new Subsection (2) Fourth Street (E) of Section 576, No Parking 11:00 p.m. to 5:00 a.m. (allow parking in the 700 & 800 blocks of East 4th Street from 5:00 a.m. to 11:00 p.m.)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4436. 114319 - Acting Police Chief Tom Jennings stated that he has spoken with all the businesses in the area. Chief Jennings stated that there is parking problem on Monday nights from 4:30 to 7:00 p.m. This ordinance will prohibit parking on Ranchero Road on the southwest side from Highway 63 to 255 feet northwest of Highway 63. Chief Jennings stated that this will allow open parking and allow everyone to get in and out and also have access to the businesses. Chief Jennings stated that as of 3:00 p.m. today, three businesses were not happy with the ordinance but agreed it is probably the best way to go. Councilperson Anders stated that Chief Jennings has visited with the businesses, and he agrees with Chief Jennings that not everyone is going to agree with the ordinance. Councilperson Anders commented that this is probably as close as we are going to get to an agreement. Krizek/Jordan that "an Ordinance amending the 1999 Traffic Code by repealing Subsection (316a) Ranchero Road of Section 551, Parking Prohibited At All Times On Certain Streets; and enacting in lieu thereof a new Subsection (316a) Ranchero Road of Section 551, Parking Prohibited At All Times On Certain Streets (prohibiting parking on Ranchero Road from the southwest side from Highway 63 to one-half mile southeast of Highway 63, southwest side from Highway 63 to 255 feet northwest of Highway 63 and north and northeast side from Highway 63 to the westerly city limits)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 114320 - Getty/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 114321 - Murphy/Jordan that "an Ordinance amending the 1999 Traffic Code by repealing Subsection (316a) Ranchero Road of Section 551, Parking Prohibited At All Times On Certain Streets; and enacting in lieu thereof a new Subsection (316a) Ranchero Road of Section 551, Parking Prohibited At All Times On Certain Streets (prohibiting parking on Ranchero Road from the southwest side from Highway 63 to one-half mile southeast of Highway 63, southwest side from Highway 63 to 255 feet northwest of Highway 63 and north and northeast side from Highway 63 to the westerly city limits)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4437. September 18, 2000 BILLS PAYMENT • • Page $" 114322 - Krizek that "Resolution approving Schedule AP640, pp. 1-84, dated September 18, 2000, in the amount of $860,894.17, a copy of which is on file in the City Clerk's Office", be adopted, together with recommendation of approval of the Finance Committee. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-518. NEW BUSINESS 114323 - Berry/Getty that communication from Mayor Rooff transmitting recommendation of the following appointments to the Board of Library Trustees: reappointment of Sue Smith, with term expiration date of June 30, 2006, and appointment of Peggy Dandy, with term expiration date of June 30, 2006, be received, placed on file and approved. Ayes: Seven. Motion carried. 114324 - Berry/Getty that communication from City Planner transmitting recommendation of appointment of David M. Keidel to the position of Manageraon fRehof a ititation nd approved ervices, effective September 19, 2000, be received, placed Seven. Motion carried. 114325 - Berry/Getty that communication from Traffic Operations Department transmitting request of Hank Wellnitz on behalf of Habitat for Humanity to temporarily install aostreet light in the alley between 508 and 514 Adams Street be received, placed n file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2000-519. TRAVEL REQUESTS 114326 - Krizek/Anders that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. John P. Kehoe, Chief Electrical Inspector, to attend the 96th Western Section International of Electrical prs meeting Madison, Wisconsin, on September 17 - 202000with cost not to exceed $585.00. Ayes: Seven. Motion carried MISCELLANEOUS 114327 - Getty/Gronen that the following beer and liquor license permit applications be received, approved and endorsed applications forwarded to the Iowa placed on file and outdoor service area Beer and Liquor Control Department and the vwing application be received, placed on file and approved: 1. Beer/Liquor License Permit Application Class C 10/1/01) (Includes Ka goo s Inc., 324 W. 4th Street (Renewal) (Expires Sunday Sales) 2. Beer License Permit Application Cla2715 Crossroads Blvd. (Renewal) (Expires 10/15/01) (Includes Big K -Mart, Sunday Sales) 3. Wine License Permit Application Class BIncludes Big K -Mart, 2715 Crossroads Blvd. (Renewal) (Expires 10/15/01) Sunday Sales) 4. A••lication for 328uEdlm StreetService (9/30/00) Fortunes Tap, Ayes: Seven. Motion carried. • • September 18, 2000 BONDS 114328 - Jordan/Anders Page 5 that the report of the City Attorney and list of bonds filed with the City Clerk through September 18, 2000, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ADJOURNMENT 114329 - Jordan/Getty that the Council adjourn at 5:55 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk