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HomeMy WebLinkAboutMinutes-11/13/2001November 13, 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 Tuesday, November 13, 2001. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Krizek, Murphy, Gronen, Getty, Berry. Invocation by: Councilperson Jerry Anders. Pledge of Allegiance: Tom Jennings, Police Chief. 116130 - Jordan/Gronen that the Agenda, as proposed, for the Regular Session on Tuesday, November 13, 2001, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 116131 - Berry/Getty that the Minutes, as proposed, for the Regular Session on Monday, November 5, 2001, at 5:30 p.m. be accepted and approved. Ayes: Seven. Motion carried. HEARINGS 116132 - Murphy/Jordan that proof of publication of notice of public hearing on request of Stephen J. Powell to vacate the 30 foot easement generally located southwesterly of the intersection of William Drive and Mary Ellen Drive, as published in the Waterloo Courier on November 6, 2001, be received and placed on file. Ayes: Seven. Motion carried. 116133 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Anders that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 116134 - Krizek/Jordan that "an Ordinance vacating the 30 foot easement generally located southwesterly of the intersection of William Drive and Mary Ellen Drive", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 116135 - Murphy/Gronen that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 116136 - Jordan/Murphy that "an Ordinance vacating the 30 foot easement generally located southwesterly of the intersection of William Drive and Mary Ellen Drive", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4524. PETITIONS FROM PUBLIC 116137 - Getty/Jordan that communication from City Engineer transmitting request of Lisa Newell for a waiver for a concrete driveway to be located at 935 Wisconsin 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. 2001-622. November 13, 2001 PETITIONS FROM PUBLIC CONTINUED 116138 - Getty/Jordan Page 2 that communication from Assistant City Planner transmitting request of Stainless Plus to rezone from "R-2" One & Two Family Residence District to "C - 1,C -Z" Conditional Commercial District property generally located at 3533 Cedar Terrace Drive for the purpose of locating a stainless welding shop, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as December 3, 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: Seven. Resolution adopted and upon approval of Mayor assigned No. 2001-623. 116139 - Getty/Jordan that communication from Assistant City Planner transmitting request of Claassen Engineering on behalf of Kevin Graves to rezone from "A-1" Agricultural District to "R-3" Multiple Residential District property generally located along Orange Road across from Hawkeye Community College for the purpose of construction of apartment complexes, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as December 3, 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: Seven. Resolution adopted and upon approval of Mayor assigned No. 2001-624. 116140 - Getty/Jordan that communication from Assistant City Planner transmitting request of Richard Harris to vacate, sell and convey for $858.00 the platted right-of-way generally located to the north of property at 4062 Niles Street for the purpose of construction of a garage, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as December 3, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-625. DOCUMENTS 116141 - Murphy/Jordan that "Resolution approving Acquisition Contract with Doris Ruffridge to acquire property generally described as the parking lot near 910 Sycamore Street in the amount of $50,000.00 in conjunction with the Iowa Brownfields Acquisition project for riverfront housing along the Cedar River", be tabled indefinitely and referred to Special Work Session with appraiser, Planning, Programming and Zoning Commission and City Attorney. Ayes: Seven. 116142 - Anders/Krizek that communication from Chief of Police transmitting a 28D and 28E Agreement with the cities of Cedar Falls, Dunkerton, Evansdale, Hudson, LaPorte City, Waverly, University of Northern Iowa, Bremer County and Black Hawk County to include the Federal Bureau of Investigation and delete Grundy County in the Tri -County Drug Task Force be received, placed on file and "Resolution approving said 28D and 28E Agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-626. 116143 - Anders/Krizek that communication from Superintendent of Waste Management Services transmitting Professional Services Agreement with Earth Tech, Inc., of Waterloo, Iowa, for design and construction related services in conjunction with Satellite Interceptor Sewer Corrosion Inhibition Project 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. 2001-627. • • November 13, 2001 • DOCUMENTS CONTINUED 116144 - Anders/Krizek Page 3 that communication from Superintendent of Waste Management Services transmitting Professional Services Agreement with Earth Tech, Inc., of Waterloo, Iowa, for design and construction related services in conjunction with Odor Control Facility at Easton Avenue Water Pollution Control Facilities Project 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. 2001-628. 116145 - Anders/Krizek that communication from Superintendent of Waste Management Services transmitting a Joint Funding Agreement with the United States Department of Interior U.S. Geological Survey in the amount of $6,230.00 in conjunction with operation and maintenance of the Cedar River Gage Station and river diffuser measurement for Easton Avenue Treatment Facility 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. 2001-629. RESOLUTIONS TO BE ADOPTED 116146 - Anders/Krizek that communication from Assistant City Planner transmitting request of Claassen Engineering to dedicate a sidewalk easement generally located at the northwest corner of Hammond Avenue and San Marnan Drive access road for the purpose of installing sidewalk in conjunction with fulfillment of rezoning conditions be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-630. ORDINANCES TO BE ADOPTED 116147 - Jordan/Anders that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection G, Access Equipment and Facilities, of Section 3-7-6, Service Provisions, of Chapter 7, Cable TV Franchise Regulations; and enacting in lieu thereof a new Subsection G, Access Equipment and Facilities, of Section 3-7-6, Service Provisions, of Chapter 7, Cable TV Franchise Regulations (dedicating PEG funds to be used for equipment, facilities and operations of Public Access Studio)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 116148 - Jordan/Gronen that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 116149 - Berry/Murphy that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection G, Access Equipment and Facilities, of Section 3-7-6, Service Provisions, of Chapter 7, Cable TV Franchise Regulations; and enacting in lieu thereof a new Subsection G, Access Equipment and Facilities, of Section 3-7-6, Service Provisions, of Chapter 7, Cable TV Franchise Regulations (dedicating PEG funds to be used for equipment, facilities and operations of Public Access Studio)", be considered and passed for the second and third times and adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Anders asked if the same amount of money would be allocated. Mayor Rooff stated that the money distribution has not changed and that this ordinance is being amended to add the word "operations" to Subsection G. Following discussion a vote was taken on the above motion with the following result. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4525. November 13, 2001 Page 4 BILLS PAYMENT 116150 - Krizek that "Resolution approving Schedule AP640, pp. 1-77, dated November 13, 2001, in the amount of $1,267,764.27, 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. 2001-631. NEW BUSINESS 116151 - Getty/Krizek that communication from Traffic Operations Superintendent transmitting request to install a street light at the dead end of Bluff Street be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify MidAmerican Energy of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-632. 116152 - Getty/Krizek that communication from Fire Chief requesting authorization to approve bids received for equipment of Rescue 301 be received, placed on file and "Resolution setting date of hearing as December 3, 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: Seven. Resolution adopted and upon approval of Mayor assigned No. 2001-633. TRAVEL REQUESTS 116153 - Berry/Jordan that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Jeff Murphy, Kenneth Johnson, Derrick Gibbs and Larry Crain, Engineering Technicians, to attend IDOT Re -certification Class for Level 1I PCC in Mason City, Iowa on December 19, 2001 or February 20, 2002, with costs not to exceed $400.00, including use of city vehicle. 2. Derrick Gibbs and Larry Crain, Engineering Technicians, to attend IDOT Re- certification Class for Level I HMA in Mason City, Iowa or Cedar Rapids, Iowa on December 11, 2001 or December 20, 2001, with costs not to exceed $200.00, including use of city vehicle. 3. Jeff Murphy, Kenneth Johnson, Ron Adams, Larry Crain and Derrick Gibbs, Engineering Technician, to attend IDOT Re -certification Classes for Level I and Level II Aggregate in Mason City, Iowa on December 17, 2001 or February 11, 2002, with costs not to exceed $500.00, including use of city vehicle. 4. Melissa Edsill, Associate Planner, to attend the National Historic Preservation training on Section 106 in Des Moines, Iowa on November 14-15, 2001, with costs not to exceed $180.00, including use of city vehicle. Prior to a vote on the above motion, the following comments were heard. Councilperson Anders asked Eric Thorson, City Engineer, if it was necessary to send so many technicians for re -certification. Mr. Thorson stated that this is a five-year.certification and only five of the nine technicians are attending. Mr. Thorson further stated that the Department of Transportation in prior years put on the certification testing for free but now charges a minimal fee. Mr. Thorson stated that if the technicians do not attend this re -certification training they would have to start their training completely over at an estimated cost of $3,500.00. The training being submitted tonight totals approximately $1,400.00. Mr. Thorson stated that these courses are hands-on technical education that allows better quality control on the streets. Ayes: Seven with Councilperson Anders voting Nay on Number 4. Motion carried. November 13, 2001 Page 5 ti • MISCELLANEOUS 116154 - Getty/Jordan 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. Beer/Liquor License Permit Application Class C Embassy Lounge, 225 E. 5th Street (Renewal) (Expires 11/22/02) (Includes Sunday Sales) The Ground Round, 1425 East San Marnan Drive (Renewal) (Expires 11/26/02) (Includes Sunday Sales) 2. Beer License Permit Application Class C Triple "J" Mart, 4335 Texas Street (Renewal) (Expires 11/5/02) (Includes Sunday Sales) Crossroads 76, 2035 Mitchell Avenue (Renewal) (Expires 12/17/02) (Includes Sunday Sales) Ayes: Seven. Motion carried. BONDS 116155 - Jordan/Murphy that the report of the City Attorney and list of bonds filed with the City Clerk through November 13, 2001, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ADJOURNMENT 116156 - Jordan/Berry that the Council adjourn at 5:47 p.m. Ayes: Seven. Motion carried. 4;t41 tn Marge Hirdler Deputy City Clerk