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HomeMy WebLinkAboutMinutes-07/16/2001July 16, 2001 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, July 16, 2001. Mayor John R. Rooff in the Chair. Roll Call: Jordan, Krizek, Murphy, Gronen, Getty, Berry. Absent: Anders. Invocation by: Reverend Chuck Orr. Pledge of Allegiance: Councilperson Scott Jordan. ORAL PRESENTATIONS 115554 - Janet Wilcox, 52 Lafayette Street, stated that she prays every night for Mayor Rooff, Council Members, Police Chief, Fire Chief and Department Heads that God will give them the wisdom to deal with the day-to-day operations of running the city. Tim Wilcox, 52 Lafayette Street, stated that he has concerns regarding the hazards of talking on cell phones while driving and that something needs to be done about the problem in Waterloo. Mr. Wilcox stated he feels it would be courteous for people to pull their cars over while talking on cell phones. Mr. Wilcox asked if there is anything that can be done about this. Mr. Wilcox commented that Florida is the only state having a ban on cell phones while driving. Mr. Wilcox believes there should be an ordinance banning cell phones while driving in Cedar Falls and Waterloo. Mr. Wilcox stated he has witnessed people deliberately going through lights while talking on cell phones. Mayor Rooff stated that most states are looking at some kind of legislation regarding cell phones. Mayor Rooff stated that he agrees this is a serious issue. Mayor Rooff suggested Mr. Wilcox contact local legislative representatives. Getty/Murphy that the above oral comments be received and placed on file. Ayes: Six. Absent: Anders. Motion carried. 115555 - Murphy/Gronen that the Agenda, as proposed, for the Regular Session on Monday, July 16, 2001, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Anders. Motion carried. 115556 - Gronen/Jordan that the Minutes, as proposed, for the Regular Session on Monday, July 9, 2001, at 5:30 p.m. be accepted and approved. Ayes: Six. Absent: Anders. Motion carried. PETITIONS FROM PUBLIC 115557 - Berry/Jordan that communication from Police Chief transmitting request of Waterloo Convention and Visitor's Bureau on behalf of the American Legion to hold a parade beginning at West Park Avenue and Commercial Street, Commercial to Mulberry Streets, Mulberry to East 5th Streets, East 5th to Commercial Streets and Commercial Street to West Park Avenue on July 21, 2001, from 6:00 p.m. to 7:00 p.m. in conjunction with the American Legion State Convention be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Mayor assigned No. 2001-361. 115558 - Berry/Jordan that communication from City Engineer transmitting request of LaVerne Harris for a waiver for a concrete driveway to be located at 2235-2237 Osage Avenue, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Mayor assigned No. 2001-362. July 16, 2001 Page 2 PETITIONS FROM PUBLIC CONTINUED 115559 - Berry/Jordan that communication from Assistant City Planner transmitting request of Louis and Nancy Carter to rezone from "M2,P" Planned Heavy Industrial and "M-1" Light Industrial to "R-1" Residence District approximately 13 acres of property generally located at 2540 Burton Avenue for the purpose of locating a new home and small truck gardening operation, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 6, 2001, 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: Anders. Resolution adopted and upon approval by Mayor assigned No. 2001-363. 115560 - Berry/Jordan that communication from City Planner transmitting request of ASL Investments and John Brustkern to rezone 41.5 acres from "A-1" Agricultural District and "R-3" Multiple Residence District to "R-2" One and Two Family Residence District property generally located southeast of LaPorte and Dysart Roads for a residential housing development, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 6, 2001, 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: Anders. Resolution adopted and upon approval by Mayor assigned No. 2001-364. 115561 - Berry/Jordan that communication from Assistant City Planner transmitting request of Waterloo Community School District to vacate, sell and convey for $1.00 21.20 foot portion of Western Avenue generally located between Johnson Avenue and Pleasant Street and 16.20 foot portion of West 6th Street generally located between Locust Street and Pleasant Street to legalize the current seating for Sloan Wallace Stadium and to allow for fencing along the children's play area at the proposed elementary school, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 6, 2001, 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: Anders. Resolution adopted and upon approval by Mayor assigned No. 2001-365. DOCUMENTS 115562 - Gronen/Murphy that communication from Chief of Police transmitting F.Y. 2002 Juvenile Accountability Incentive Block Grant (JAIBG) in the amount of $22,029.00 from the Criminal and Juvenile Justice Planning & Statistical Analysis Center be received, placed on file and "Resolution approving said grant", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Mayor assigned No. 2001-366. 115563 - Gronen/Murphy that communication from Fire Chief transmitting ten-year 28E Agreement with Poweshiek County to become member of Northeast Iowa Response Group to provide hazardous emergency support personnel and equipment be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Mayor assigned No. 2001-367. 115564 - Gronen/Murphy e that communication from Associate Engineer transmitting Professional Services Agreement with Earth Tech, Inc., in the amount of $295,000.00, with 20 percent local match of $59,000, in conjunction with 18th Street Bridge Replacement Project, BRM -8155(650)-8N-07, Contract No. 622, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Mayor assigned No. 2001-368. • • July 16, 2001 • • DOCUMENTS CONTINUED 115565 - Gronen/Murphy Page 3 that communication from Assistant City Planner transmitting Final Plat of Lyle Taylor Final Plat, together with Staff Report and Engineering Department's review letter, be received, placed on file and "Resolution approving said Final Plat", be adopted. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Mayor assigned No. 2001-369. RESOLUTIONS TO BE ADOPTED 115566 - Krizek/Murphy that communication from Cultural and Arts Director transmitting request for $37,000.00 of Hotel/Motel Tax discretionary funds to be used for a multi- component public art program for downtown Waterloo, including mosaic walls for the Five Sullivan Brothers Convention Center and related educational/public programs, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Mayor assigned No. 2001-370. 115567 - Krizek/Murphy that "Resolution approving use of $6,240.00 of A.D.A. funds for accessible sidewalk being installed at the National Cattle Congress", be adopted. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Mayor assigned No. 2001-371. 115568 - Krizek/Murphy that "Resolution naming private street within the future W.C. Stokes Manor generally located north of Independence Avenue, east of Idaho Street and directly aligned with Prospect Avenue existing to the west of Idaho Street as Prospect Avenue", be adopted. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Mayor assigned No. 2001-372. ORDINANCES TO BE ADOPTED 115569 - Jordan/Getty that "an Ordinance amending the 2000 Traffic Code by adding Section 553A, No Parking Here to Corner Monday Through Friday (No Parking Here to Corner on the north side of the 400 Block of Rath Street Monday through Friday, 7:00 a.m. to 4:00 p.m.)", 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 Berry asked what is the trial period for these ordinances. After discussion, Mayor Rooff responded that it is the consensus of the council to try these changes for six month unless the city hears from the neighbors. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Anders. Motion carried. 115570 - Murphy/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Anders. Motion carried. 115571 - Jordan/Gronen that "an Ordinance amending the 2000 Traffic Code by adding Section 553A, No Parking Here to Corner Monday Through Friday (No Parking Here to Corner on the north side of the 400 Block of Rath Street Monday through Friday, 7:00 a.m. to 4:00 p.m.)", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Anders. Ordinance adopted and upon approval by Mayor assigned No. 4491. July 16, 2001 Page 4 ORDINANCES TO BE ADOPTED CONTINUED 115572 - Jordan/Murphy that "an Ordinance amending the 2000 Traffic Code by adding Subsection (2) Sycamore Street to Section 553A, No Parking Here to Corner Monday Through Friday (No Parking Here to Corner in the 1600 block of Sycamore Street Monday through Friday 7:00 a.m. to 4:00 p.m.)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Anders. Motion carried. 115573 - Getty/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Anders. Motion carried. 115574 - Murphy/Jordan that "an Ordinance amending the 2000 Traffic Code by adding Subsection (2) Sycamore Street to Section 553A, No Parking Here to Corner Monday Through Friday (No Parking Here to Corner in the 1600 block of Sycamore Street Monday through Friday 7:00 a.m. to 4:00 p.m.)", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Anders. Ordinance adopted and upon approval by Mayor assigned No. 4492. BILLS PAYMENTS 115575 - Krizek that "Resolution approving Schedule AP640, pp. 1-76, dated July 16, 2001, in the amount of $2,635,829.79, a copy of which is on file in the City Clerk's Office", be adopted, together with recommendation of approval of the Finance Committee. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Mayor assigned No. 2001-373. TRAVEL REQUESTS 115576 - Berry/Jordan that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Sang -Ki Han, Assistant City Attorney, to attend International Municipal Attorneys Association Annual Conference in New Orleans, Louisiana, on September 8-12, 2001, with costs not to exceed $1,893.59. 2. Joe Leibold, Police Sergeant, and William Sauerbrei, Police Officer, to attend State Firearms Instructors Recertification Training in Johnston, Iowa, on August 5-7, 2001, with costs not to exceed $253.36, including use of city vehicle. 3. Greg Erie, Police Officer, to attend Tactical Marksman Certification Course in Moline, Illinois, on August 5-11, 2001, with costs not to exceed $1,214.00, including use of city vehicle. Ayes: Six. Absent: Anders. Motion carried. MISCELLANEOUS 115577 - Getty/Berry that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: 1. Liquor License Permit Application Class B Best Western Starlite Village, 214 Washington Street (Renewal) (Expires 8/15/02) (Includes Sunday Sales) 2. Beer/Liquor License Permit Application Class C B.J's Bar & Billiards, 110 Ida Street (Renewal) (Expires 7/30/02) (Includes Sunday Sales) • • July 16, 2001 • • MISCELLANEOUS CONTINUED Page 5 3. Beer License Permit Application Class B Main Street Waterloo, Lincoln Park/East 4th and Mulberry Streets (Transfer to 614 Lafayette Street on July 17-18, 2001) La Chiquita Mexican Store, 301 East 4th Street (Renewal) (Expires 7/6/02) (Includes Sunday Sales) 4. Liquor License Permit Application Class E Express Super Valu, 1975 Franklin Street (Renewal) (Expires 7/19/02) (Includes Sunday Sales) Ayes: Six. Absent: Anders. Motion carried. BONDS 115578 - Jordan/Murphy that the report of the City Attorney and list of bonds filed with the City Clerk through July 16, 2001, be received, placed on file and report and bonds be approved. Ayes: Six. Absent: Anders. Motion carried. ADJOURNMENT 115579 - Jordan/Berry that the Council adjourn at 5:49 p.m. Ayes: Six. Absent: Anders. Motion carried. wk..", A....* Nancy Eckert City Clerk