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HomeMy WebLinkAboutMinutes-11/19/2001November 19, 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, November 19, 2001. Mayor John R. Ropff in the Chair. Roll Call: Anders, Jordan, Krizek, Murphy, Gronen, Getty. Absent: Berry. Invocation by: Reverend Ronald Osborne, Trinity Episcopal Parish. Pledge of Allegiance: Jerry Stevens, General Manager of Waterloo Water Works. ORAL PRESENTATIONS 116157 - Mary Potter, 207 Leland Avenue, stated that leaf burning is not good for everyone, and we can't allow burning for the sake of majority rule. Ms. Potter stated that a gentleman in her neighborhood was burning leaves, fanning the flames, causing smoke, and she asked him to stop. Ms. Potter stated that the fire was between two garages where there was not enough room to burn. Ms. Potter stated they do the lawns for three elderly citizens, plus their own home and office. They collected 50 bags of yard waste, and it was inconvenient but they felt this was the best way to do things. Ms. Potter stated she attended a conference dealing with neighborhoods, and they could not believe the city still has a burning issue. Ms. Potter asked the council to do something with a little equality. Ms. Potter stated that the leaf pickup program cannot get done in two weeks and suggested that the city skip one week then do the second week. Mayor Rooff stated that the council held a work session earlier this afternoon on the burning issue. Mayor Rooff reported that he just spoke with Mrs. William Curry regarding a water line problem on Forest and Ohio, and he will refer this item to the City Engineer. Robert Sieglaff, 914 West 3rd Street, stated he doesn't think the Police Department is doing its job. Mr. Sieglaff stated that a Police Officer was driving in the area of East Third Street, and there was a big fire on East Third Street, but the Police Officer ignored the fire and drove down Locust Street. Mr. Sieglaff stated that the city council has been putting everything on the back burner. Mr. Sieglaff stated he has suggested odd/even parking to make it easier for the snowplows and street sweepers. Same with the bridge and rubber dam, the city should put in a new dam and a new 18th Street bridge, as he feels the city could save money. Mr. Sieglaff stated we cannot bring industry into our city if we raise taxes. Mr. Sieglaff stated he attended a meeting where Curly Hultman was in attendance and Mr. Hultman said the same thing, that we are working backward. It is time to conserve our money. Mr. Sieglaff stated he also talked to the council about the Rath property and they did not do anything. Mayor Rooff responded that there are three new council members in attendance tonight and suggested Mr. Sieglaff visit with them. Joel Harris, 912 Clough Street, stated he is pro leaf burning. Mr. Harris stated it is easy as council wannabees to criticize the city council, and the new city council members will find out in a hurry what it is all about. This will be a new perspective and administration for everyone. Mr. Harris stated that those against burning are a very vocal minority, and this is something the city needs to address. Mr. Harris stated burning is a viable way to get rid of leaves, and that it could be very expensive to use trucks. Mr. Harris stated if someone chooses to burn, they should burn responsibly or they also have the choice to bag or mulch. Mr. Harris stated personal problems should not affect the rest of the city. Getty/Jordan that the above oral comments be received and placed on file. Ayes: Six. Absent: Berry. Motion carried. 116158 - Jordan/Gronen that the Agenda, as proposed, for the Regular Session on Monday, November 19, 2001, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Berry. Motion carried. 116159 - Jordan/Gronen that the Minutes, as proposed, for the Regular Session on Tuesday, November 13, 2001, at 5:30 p.m. be accepted and approved. Ayes: Six. Absent: Berry. Motion carried. Councilperson Murphy presented a print to the Waterloo Fire Department. November 19, 2001 Page 2 HEARINGS AND BIDS 116160 - Jordan/Krizek that proof of publication of notice of public hearing on F.Y. 2002 South Hills Golf Course Sanitary Sewer, Contract No. 643, as published in the Waterloo Courier on November 9, 2001, be received and placed on file. Ayes: Six. Absent: Berry. Motion carried. 116161 - This being the time and place of public hearing the Mayor called for written and oral objections and there were none. Krizek/Getty that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Berry. Motion carried. 116162 - Getty/Anders that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2002 South Hills Golf Course Sanitary Sewer, Contract No. 643", be adopted. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-634. 116163 - Jordan/Krizek that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-635. 116164 - Krizek/Murphy to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Total Bid BAK Enterprises, Inc., Waterloo, IA $2,185.01 $43,700.24 Denver Construction Co., Denver, IA 5% $71,413.10 Ernster Construction Co., Waterloo, IA 5% $66,612.93 Peterson Contractors, Inc., Reinbeck, IA 5% $60,900.00 Rampart Corp., Waterloo, IA 5% $57,936.56 Watco Construction, Waterloo, IA 5% $53,462.16 Weichers Construction, Cedar Falls, IA 5% $58,978.46 Ayes: Six. Absent: Berry. Motion carried. Mayor Rooff stated that he spoke with Jack Fellenzer, Contract Compliance Officer, who told him that we did not have any minority participation as no one in the minority community does this kind of work. Mayor Rooff stated he will have Mr. Fellenzer write an opinion on the minority participation for this project. PETITIONS FROM PUBLIC 116165 - Anders/Murphy that communication from Assistant City Planner transmitting request of Quality Mat Company to sell and convey a portion of property generally located at the former Rath site for $1.00 be received, placed on file and "Resolution setting date of hearing as December 10, 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: Five. Abstain: Krizek. Absent: Berry. Resolution adopted and upon approval of Mayor assigned No. 2001-636. November 19, 2001 REPORTS 116166 - Gronen/Getty Page 3 that communication from Chief Financial Officer transmitting Fiscal Year 2001 Financial Report through June 2001 with total revenues of $24,222,397.67 and total expenditures of $11,808,062.95 and Fiscal Year 2002 Financial Reports for the months of July through October 2001 with total revenues of $29,055,348.68 and total expenditures of $30,532,734.96 be received and placed on file. Ayes: Six. Absent: Berry. Motion carried. DOCUMENTS 116167 - Gronen/Getty that communication from Associate Engineer transmitting Supplemental Agreement No. 3 with Parsons Transportation Group, Inc., for design services in an amount not to exceed $110,416.57, with 20 percent local match of $22,083.31, in conjunction with San Marnan Drive Traffic Improvements Project be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-637. 116168 - Gronen/Getty that communication from Assistant City Planner transmitting Preliminary Plat of Minard's University Avenue Addition, together with Engineering Department review and staff report, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-638. 116169 - Gronen/Getty that communication from Superintendent of Waste Management Services transmitting Change Order No. 8 for a net increase in the amount of $48,721.00 for work to be performed by Story Construction Company of Ames, Iowa, in conjunction with Anaerobic Digesters Water Pollution Control Facility, Contract No. 550, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Berry. Motion carried. 116170 - Gronen/Getty that communication from Senior Planner transmitting application for Harry L. Clemmensen for tax exemptions on improvements totaling $1,700.00 for property located at 1111 Longfellow Avenue in the Consolidated Urban Revitalization Area Plan, 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: Six. Absent: Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-639. RESOLUTIONS TO BE ADOPTED 116171 - Krizek/Jordan that communication from City Planner transmitting application with the U.S. Environmental Protection Agency for supplemental assistance funding in the amount of $•150,000.00, plus $50,000.00 for assessment activities in planned greenspace, in conjunction with Rath Brownfields area be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-640. 116172 - Krizek/Jordan that communication from Chief Financial Officer transmitting Fiscal Year 2001 Annual Financial Report to be filed with the State Auditor be received and placed on file, and "Resolution approving said report", be adopted. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-641. November 19, 2001 Page 4 RESOLUTIONS TO BE ADOPTED CONTINUED 116173 - Krizek/Jordan that "Resolution certifying to the County Auditor expenditures that qualify for reimbursement from the Tax Increment Fund (TIF) in conjunction with Downtown Tax Increment District", be adopted. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-642. 116174 - Krizek/Jordan that "Resolution certifying to the County Auditor expenditures that qualify for reimbursement from the Tax Increment Fund (TIF) in conjunction with Airport Tax Increment District", be adopted. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-643. 116175 - Krizek/Jordan that "Resolution certifying to the County Auditor expenditures that qualify for reimbursement from the Tax Increment Fund (TIF) in conjunction with San Marnan Tax Increment District", be adopted. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-644. 116176 - Krizek/Jordan that "Resolution certifying to the County Auditor expenditures that qualify for reimbursement from the Tax Increment Fund (TIF) in conjunction with Martin Road Tax Increment District", be adopted. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-645. 116177 - Krizek/Jordan that "Resolution certifying to the County Auditor expenditures that qualify for reimbursement from the Tax Increment Fund (TIF) in conjunction with Northeast Industrial Tax Increment District", be adopted. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-646. 116178 - Krizek/Jordan that "Resolution certifying to the County Auditor expenditures that qualify for reimbursement from the Tax Increment Fund (TIF) in conjunction with Rath Tax Increment District", be adopted. Ayes: Six. Absent: Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-647. ORDINANCES TO BE ADOPTED 116179 - Anders/Jordan that "an Ordinance amending the 2000 Traffic Code by repealing Section 279, Truck and Bus Parking Prohibited; and enacting in lieu thereof a new Section 279, Truck and Bus Parking Prohibited (prohibiting vehicles over 90 inches in width from parking on residential streets)", 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 Jordan asked if a 90 inch width is fair as there are trailers and snowmobiles that are 96 inches wide. Councilperson Jordan stated that the Iowa Department of Transportation allows 102 inches. Police Chief Tom Jennings stated that residential streets are not as wide as state highways, and this ordinance is for residential streets. Don Miller, 203 Westbourne, stated this ordinance was written because a semi was parked in a residential district, and the city already has an ordinance dealing with residential areas. Mr. Miller stated the real issue is not how wide or far from the curb, but it is to maintain a clear line of traffic. Mr. Miller stated the city should not prevent everyone with a wide vehicle from parking around town. Mr. Miller stated there is no parking during snow removal to keep a clear lane for traffic. Mr. Miller suggested the city look at all the double parking around town. Mr. Miller stated that this ordinance makes it impossible for pe le with a normal vehicle to park and town. November 19, 2001 • • ORDINANCES TO BE ADOPTED CONTINUED Page 5 Chief Jennings responded that the proposed ordinance addresses residential areas, not businesses, and the proposed ordinance allows parking for deliveries. Chief Jennings stated the current ordinance covers semi trucks parked in residential areas. Mr. Miller stated that Mac trucks, which are 96 inches to 98 inches wide, do not park in residential areas, and that there are other vehicles that park in residential areas which are wider than 90 inches. Forest Dillavou, 1725 Huntington Road, stated there are various trucks around town, such as delivery trucks, serving businesses on a day-to-day basis. Mr. Dillavou stated a blanket ordinance will probably get a call from someone to move an Allied truck from a neighborhood. Chief Jennings responded the proposed ordinance addresses delivery trucks and moving vans. If the drivers are loading or unloading items there is no issue. The resident at 1170 Bourland Street stated this has been a real active issue for years, and that the incident on Randolph Street is an issue in his neighborhood. He stated that they have had a hard time defining width of vehicles, and that the officers measured the width of SUVs, vans and pickups. He stated the issue is a commercial vehicle that is parked in a residential area. He stated that Randolph Street is a very narrow road. He stated that Section 279 of the Traffic Code addresses delivery trucks, and that term is debatable. He stated when he called for a parking ticket to be written he was told the ordinance as written "light delivery truck" is not enforceable. He stated Section 321.1 defines the definition of light delivery truck. He stated that the truck in question is 14,500 pounds with a cargo box 15 feet 8 inches long. He stated that the truck is in violation of the current code, and the neighborhood is in favor of the proposed ordinance. He stated if the proposed ordinance does not pass, what is currently in the Traffic Code is unenforceable. He suggested that a new definition for light delivery truck could be incorporated into the current Traffic Code. Chief Jennings stated that the tickets went to court, and the city agreed not to write any more tickets until a new ordinance is adopted. Jeff Letsch, 1181 Cornwall, stated that 90 inches will keep freight boxes off of streets. Mr. Letsch stated you cannot see around them, that you put yourself at risk. Mr. Letsch stated we need to make the streets safer for the kids. Mr. Letsch stated that the vehicles can carry quite a load. If the original ordinance, as written, was read as construed then there would not be a problem. Mr. Letsch stated we all know what light delivery truck means. Councilperson Jordan stated he asked the Police Chief to look at this issue. Councilperson Jordan stated he is concerned Waterloo will get the reputation that trucks can't park on Waterloo streets. Councilperson Jordan stated he has been told a Bayliner is longer than 90 inches. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Berry. Motion carried. BILLS PAYMENT 116180 - Krizek that "Resolution approving Schedule AP640, pp. 1-94, dated November 19, 2001, in the amount of $2,659,708.02, 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: Berry. Resolution adopted and upon approval by Mayor assigned No. 2001-648. NEW BUSINESS 116181 - Anders/Jordan that communication from Traffic Operations Superintendent transmitting recommendation of appointment of Shahaboddin Mohammad Elahi to the position of Traffic Engineer, at a mutually agreed upon date, be received, placed on file and approved. Ayes: Six. Absent: Berry. Motion carried. November 19, 2001 Page 6 TRAVEL REQUESTS 116182 - Krizek/Jordap that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Brooke Carter, Police Sergeant; Cliff Caughron and Carroll Kienol, Police Officers, to attend National School Law Update Conference in Clinton, Iowa, on December 7, 2001, with costs not to exceed $494.50, including use of city vehicle. 2. Randy Heiberger, Signal Technician I, to attend Traffic Control Systems Seminar in Davenport, Iowa, on December 4-6, 2001, with costs not to exceed $190.00, including use of city vehicle. Ayes: Five. Nays: Anders. Absent: Berry. Motion carried. MISCELLANEOUS 116183 - Getty/Krizek 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 and the following application for fireworks display permit be received, placed on file and approved: 1. Beer/Liquor License Permit Application Class C Fitzgerald Grill & Pub, 360 East Ridgeway Avenue (Renewal) (Expires 12/09/02) (Includes Sunday Sales) Joan's ger, 929 West 5th Street (Renewal) (Expires 11/30/02) (Includes Sunday Sales) 2. Application for Fireworks Display Hawkeye Community College on November 24, 2001. Ayes: Six. Absent: Berry. Motion carried. ADJOURNMENT 116184 - Jordan/Gronen that the Council adjourn at 6:21 carried. p.m. Ayes: Six. Absent: Berry. Motion C Nancy ckert City Clerk •