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HomeMy WebLinkAboutMinutes-10/22/2001October 22, 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, October 22, 2001. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Krizek, Murphy, Gronen, Getty, Berry. Invocation by: Father Paul Lippstock, St. Mary's Catholic Church. Pledge of Allegiance: Tristan Euritt, Troop 1 - St. Edward's Catholic School. ORAL PRESENTATIONS 116056 - Vernon Weems stated that on September 6, 2001 Richard Johnson signed the city's reaudit. Mr. Weems stated that he wrote to the state asking when will the city get a report from Mayor Rooff regarding the audit. Warren Jenkins wrote back to Mr. Weems that responding to the readuit is the responsibility of city officials and employees. Mr. Weems asked if this administration will issue an answer to the state's reaudit. Michelle Weidner, Chief Financial Officer, responded that on the same date the state released its report, the city responded to the reaudit findings. Ms. Weidner reported that the city's response to the reaudit is on the city's Web site and copies are available in the Clerk/Finance office. Councilperson Krizek stated that the council will be looking at options to change the leaf burning policy. Mayor Rooff responded that the city thought the state would_have taken action on burning by now. Mayor Rooff stated the city council will look at the burning issue. Getty/Murphy that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 116057 - Jordan/Gronen that the Agenda, as amended, for the Regular Session on Monday, October 22, 2001, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 116058 - Getty/Berry that the Minutes, as proposed, for the Regular Session on Monday, October 15, 2001, at 5:30 p.m. be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a proclamation declaring week of October 23-31, 2001, as Red Ribbon Week. Mayor Rooff recognized Fire Lieutenant Dave Murray as Firefighter of the Year 2001. Presentation by Main Street Waterloo of America's Hero Poster. HEARINGS 116059 - Getty/Murphy that proof of publication of notice of public hearing on request of Dirk and Julie Downs to vacate, sell and convey a portion of the north -south right-of- way generally located along Greenhill Road near the would be intersection of Field Street for $1,184.80, as published in the Waterloo Courier on October 11, 2001, be received and placed on file. Ayes: Seven. Motion carried. 116060 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Gronen 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. 116061 - Murphy/Krizek that "an Ordinance vacating a portion of the north -south right-of-way generally located along Greenhill Road near the would be intersection of Field Street", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. October 22, 2001 Page 2 HEARINGS CONTINUED 116062 - Getty/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 116063 - Berry/Murphy that "an Ordinance vacating a portion of the north -south right-of-way generally located along Greenhill Road near the would be intersection of Field Street", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4519. 116064 - Murphy/Jordan that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-593. 116065 - Anders/Jordan that proof of publication of notice of public hearing on request of Joshua and Stephanie Atteberry to reduce the 25 foot platted building line to 10 feet for property generally located along Ingersoll Road at Edgewood Drive to allow construction of additional garage stall to existing attached garage, as published in the Waterloo Courier on October 12, 2001, be received and placed on file. Ayes: Seven. Motion carried. 116066 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Krizek/Murphy 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. 116067 - Jordan/Gronen that an "Ordinance reducing the 25 foot platted building line to 10 feet for property generally located along Ingersoll Road at Edgewood Drive", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 116068 - Murphy/Anders that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 116069 - Jordan/Anders that "an Ordinance reducing the 25 foot platted building line to 10 feet for property generally located along Ingersoll Road at Edgewood Drive", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4520. 116070 - Krizek/Jordan that proof of publication of notice of public hearing on request of K -Line Enterprises for a site plan amendment to the "R -3,R -P" Planned Residence District for property generally located northwesterly of West 4th Street between Winghaven Drive and Kimpston Circle in conjunction with the Ekho Ridge Condominium Development, as published in the Waterloo Courier on October 11, 2001, be received and placed on file. Ayes: Seven. Motion carried. 116071 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Berry 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. • October 22, 2001 Page 3 HEARINGS CONTINUED 116072 - Gronen/Murphy that "Resolution approving said site plan amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-594. 116073 - Murphy/Jordan that proof of publication of notice of public hearing on amendment to Ordinance No. 2479, Zoning Ordinance, as amended, as it pertains to billboard advertising, as published in the Waterloo Courier on October 11, 2001, be received and placed on file. Ayes: Seven. Motion carried. 116074 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Chris Iverson, Vice President of Lamar Advertising, thanked city staff for their support and work on the new ordinance. Mr. Iverson stated the ordinance reduces the size of billboards that will be allowed and increases the distance in either direction of another billboard. Mr. Iverson stated the new ordinance balances the needs of businesses against the desire of the city to avoid unsightly saturation of billboard signs. Mr. Iverson feels the ordinance gives the city and outdoor advertisers a fair and equitable relationship. Anders/Murphy that the hearing be closed and the 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. 116075 - Jordan/Krizek that "an Ordinance amending the City of Waterloo Zoning Ordinance No. 2479 (amended July 1999) by repealing Subsection A, Outdoor Advertising Signs and Billboards, of Section 2A-47, Special Provisions, of Part XXIII, Special Provisions; and by enacting in lieu thereof a new Subsection A, Outdoor Advertising Signs and Billboards, of Section 2A-47, Special Provisions, of Part XXIII, Special Provisions", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 116076 - Jordan/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 116077 - Berry/Getty that "an Ordinance amending the City of Waterloo Zoning Ordinance No. 2479 (amended July 1999) by repealing Subsection A, Outdoor Advertising Signs and Billboards, of Section 2A-47, Special Provisions, of Part XXIII, Special Provisions; and by enacting in lieu thereof a new Subsection A, Outdoor Advertising Signs and Billboards, of Section 2A-47, Special Provisions, of Part XXIII, Special Provisions", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4521. PETITIONS FROM PUBLIC 116078 - Gronen/Murphy that communication from City Engineer transmitting request of Robert P. Smith on behalf of Lockard Development, Inc., for a waiver for a concrete driveway to be located at 3565 University Avenue, 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. 2001-595. October 22, 2001 DOCUMENTS 116079 - Getty/Jordan e Page 4 that communication from Assistant City Planner transmitting 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 for two weeks. Ayes: Seven. Motion carried. 116080 - Anders/Jordan that communication from City Planner transmitting agreement with U.S. Environmental Protection Agency (EPA) for Environmental Justice grant in the amount of $20,000.00 for dissemination of environmental findings in conjunction with the Rath Neighborhood Brownfields Assessment Demonstration Pilot Project 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. 2001-596. 116081 - Anders/Jordan that communication from City Planner transmitting agreement with Howard R. Green Company for consulting services at a cost not to exceed $6,500.00 to prepare U.S. Environmental Protection Agency (EPA) Brownfields Assessment Demonstration Pilot grant application in the amount of $200,000.00 in conjunction with the Rath Neighborhood Area 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. 2001-597. 116082 - Anders/Jordan that communication from Associate Engineer transmitting Professional Services Agreement with Parsons Technology Group, Inc., in the amount of $14,618.01 for design engineering services in conjunction with San Marnan Drive Traffic Improvements, Emergency Vehicle Access at Hawkeye Road be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty asked why we are doing the emergency vehicles access at this location, and he asked if the State had changed its opinion regarding the access. Mayor Rooff responded that he asked the Engineering Department to consider the emergency vehicle access during the San Marnan improvements about a year ago. The MPO addressed the access because it is for emergency vehicles. Mayor Rooff stated that no one has been against the access. Mayor Rooff stated that everyone went to the Hammond Neighborhood meeting, and they feel it is an important tie-in. Councilperson Getty stated he has a problem with an emergency access at Hawkeye Road as he feels it should be a public access. Councilperson Getty stated he has heard talk about a gate or an opener in the vehicles and asked how we will keep people out. Councilperson Getty stated he feels the access should be for use by everyone. Mayor Rooff stated that the city could do the following at Hawkeye Road: emergency vehicles only into hospital, do complete intersection or allow all vehicles access into the hospital. Mayor Rooff stated that the hospital asked that the city talk to them before we do anything. The hospital does not want traffic entering into their parking lot. Mayor Rooff stated the project won't be let until spring with completion sometime next summer. Councilperson Jordan stated he supports this project. Councilperson Anders asked how the project will be funded. Mayor Rooff responded that he would like the funding to be a shared effort by the Waterloo and smaller towns. Mayor Rooff stated that this agreement covers the design of the access at San Marnan Drive and Hawkeye Road. Following discussion a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-598. October 22, 2001 RESOLUTIONS TO BE ADOPTED 116083 - Krizek/Jordan Page 5 that communication from Assistant City Planner transmitting timeline for trail system improvements and expansion for trail segments be received, placed on file and "Resolution approving said timeline", be adopted. Prior to a vote on the above motion, the following comments were heard. Mayor Rooff stated that this is just the city's intent for the trail system. Councilperson Getty asked if something comes up or the city does not have the funding, can we change our mind. Mayor Rooff stated this is the city's best intent to follow through with the trail improvements. Councilperson Anders stated this is just to express the city's intent to work with the trail people. 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. 2001-599. 116084 - Krizek/Jordan that "Resolution declaring an official intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for certain original expenditures paid in connection with specified projects", be received, placed on file and adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2001-600. ORDINANCES TO BE ADOPTED 116085 - Jordan/Murphy that "an Ordinance amending the 2000 Traffic Code by repealing Sections 359, Parking Regulations at Airport, and 360, Persons Authorized to Enforce Parking Regulations at Airport; and enacting in lieu thereof new Sections 359, Airport Fire Lane Regulations, and 360, Persons Authorized to Enforce Parking Regulations at Airport (creating drop-off zone for terminal at the Airport and establishing persons authorized to enforce parking regulations at the Airport)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 116086 - Murphy/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 116087 - Anders/Jordan that "an Ordinance amending the 2000 Traffic Code by repealing Sections 359, Parking Regulations at Airport, and 360, Persons Authorized to Enforce Parking Regulations at Airport; and enacting in lieu thereof new Sections 359, Airport Fire Lane Regulations, and 360, Persons Authorized to Enforce Parking Regulations at Airport (creating drop-off zone for terminal at the Airport and establishing persons authorized to enforce parking regulations at the Airport)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4522. BILLS PAYMENT 116088 - Krizek that "Resolution approving Schedule AP640, pp. 1-67, dated October 22, 2001, in the amount of $3,471,074.55, 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. 2001-601. October 22, 2001 Page 6 NEW BUSINESS 116089 - Murphy/Jordan that communication from Mayor Rooff transmitting recommendation of reappointment of the following to the Community Development Board: Elsie M. Duncan and Eric Johnson with term expiration date of March 1, 2004; and appointment of Bernie Stroh with term expiration date of March 1, 2005, and Larry Oltrogge with term expiration date of March 1, 2003, be received, placed on file and approved. Ayes: Seven. Motion carried. TRAVEL REQUESTS 116090 - Berry/Getty 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 Iowa Municipal Attorneys Association Annual Seminar in West Des Moines, Iowa, on November 16, 2001, with costs not to exceed $100.00. Ayes: Six. Nays: Anders. 2. Walter Reed, Jr., Human Rights Director, to attend National Association of Human Rights Workers 54th Annual Meeting and Training Conference in Biloxi, Mississippi, on October 27 - November 1, 2001, with costs not to exceed $1,100.70. Ayes: Four. Nays: Anders, Krizek, Gronen. Motion carried. MISCELLANEOUS 116091 - 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. Beer/Liquor License Permit Application Class C The Brown Bottle, 209 West 5th Street (Renewal) (Expires 10/21/02) (Includes Sunday Sales) Stinger's, 209 Jefferson Street (New) (Expires 10/23/02) (Includes Sunday Sales) Z's Seven Seas Lounge, 3937 West Airline Highway (Renewal) (Expires 10/31/02) Packer's Inn, 201 Rath Street (Renewal) (Expires 10/31/02) (Includes Sunday Sales) Ayes: Seven. Motion carried. BONDS 116092 - Jordan/Anders that the report of the City Attorney and list of bonds filed with the City Clerk through October 22, 2001, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ADJOURNMENT 116093 - Jordan/Berry that the Council adjourn at 6:17 p.m. Ayes: Seven. Motion carried. 4.4tAA.C44GL* Nancy ckert City Clerk •